In his widely cited "dissenting opinion in "Olmstead v. United States (1928), Brandeis relied on thoughts he developed in his 1890 Harvard Law Review article "The Right to Privacy." But in his dissent, he now changed the focus whereby he urged making personal privacy matters more relevant to "constitutional law, going so far as saying "the government [was] identified ... as a potential privacy invader." At issue in Olmstead was the use of wiretap technology to gather evidence. Referring to this "dirty business," he then tried to combine the notions of civil privacy and the "right to be let alone" with the right offered by the "Fourth Amendment which disallowed unreasonable search and seizure. Brandeis wrote in his lengthy dissent:
The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred against the government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized men.
In succeeding years his right of privacy concepts gained powerful disciples who relied on his dissenting opinion: Justice "Frank Murphy, in 1942, used his Harvard Law Review article in writing an opinion for the Court; a few years later, Justice "Felix Frankfurter referred to the Fourth Amendment as the "protection of the right to be let alone," as in the 1947 case of "United States v. Harris, where his opinion wove together the speeches of "James Otis, "James Madison, "John Adams, and Brandeis's Olmstead opinion, proclaiming the right of privacy as "second to none in the "Bill of Rights:26
Again, five years later, Justice "William O. Douglas openly declared that he had been wrong about his earlier tolerance of wiretapping and wrote, "I now more fully appreciate the vice of the practices spawned by Olmstead ... I now feel that I was wrong ... Mr. Justice Brandeis in his dissent in Olmstead espoused the cause of privacy – the right to be let alone. What he wrote is an historic statement of that point of view. I cannot improve on it.":445 And in 1963, Justice "William J. Brennan, Jr. joined with these earlier opinions taking the position that "the Brandeis point of view" was well within the longstanding tradition of American law.:26
It took the growth of "surveillance technology during the 1950s and 1960s and the "full force of the "Warren Court's due process revolution," writes McIntosh, to finally overturn the Olmstead law: in 1967, Justice "Potter Stewart wrote the opinion overturning Olmstead in "Katz v. U.S. McIntosh adds, "A quarter-century after his death, another component of Justice Brandeis's privacy design was enshrined in American law."
As Wayne McIntosh notes, "the spirit, if not the person, of Louis Brandeis, has continued to stimulate the constitutional mutation of a 'right to privacy.'" These influences have manifested themselves in major decisions relating to everything from abortion rights to the "right to die" controversies. Cases dealing with a state ban on the dissemination of birth control information expanded on Brandeis by including an individual's "body," not just her "personality," as part of her right to privacy. In another case, "Justice Harlan credited Brandeis when he wrote, "The entire fabric of the Constitution ... guarantees that the rights to marital privacy and to marry and raise a family are of similar order and magnitude as the fundamental rights specifically protected." And the landmark case of "Roe v. Wade, one of the most controversial and politically significant cases in U.S. Supreme Court history, the Court wrote, "This right of privacy ... is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."
Packer Corporation v. Utah (1932) – Captive audience and free speech
In Packer Corporation v. Utah (1932), Brandeis was to advance an exception to the right of free speech. In this case, a unanimous Court, led by Brandeis, found a clear distinction between advertising placed in newspapers and magazines with those placed on public billboards. The case was a notable exception and dealt with a conflict between widespread First Amendment rights with the public's right of privacy and advanced a theory of the "captive audience." Brandeis delivered the opinion of the Court to advance privacy interests:
Advertisements of this sort are constantly before the eyes of observers on the streets and in street cars to be seen without the exercise of choice or volition on their part. Other forms of advertising are ordinarily seen as a matter of choice on the part of the observer. The young people as well as the adults have the message of the billboard thrust upon them by all the arts and devices that skill can produce. In the case of newspapers and magazines, there must be some seeking by the one who is to see and read the advertisement. The radio can be turned off, but not so the billboard or street car placard.
New Deal cases
Along with "Benjamin Cardozo and "Harlan F. Stone, Brandeis was considered to be in the liberal wing of the court—the so-called "Three Musketeers who stood against the conservative "Four Horsemen.
Louisville v. Radford (1935) – limiting presidential discretion
According to John Vile, in the final years of his career, like the rest of the Court, he "initially combated the "New Deal of "Franklin D. Roosevelt, which went against everything Brandeis had ever preached in opposition to the concepts of 'bigness' and 'centralization' in the federal government and the need to return to the states.":129 In one case, Louisville v. Radford (1935), he spoke for a unanimous court when he declared the "Frazier-Lemke Act unconstitutional. The act prevented mortgage-holding banks from foreclosing on their property for five years and forced struggling farmers to continue paying based on a court-ordered schedule. "The "Fifth Amendment," he declared, "commands that however great the Nation's need, private property shall not be thus taken over without just compensation."
Schechter Poultry Corp. v. United States (1935) – NIRA is unconstitutional
In "Schechter Poultry Corp. v. United States (1935), the Court also voted unanimously to declare the "National Industrial Recovery Act (NIRA) unconstitutional on the grounds that it gave the president "unfettered discretion" to make whatever laws he thought were needed for economic recovery. Economics author "John Steele Gordon writes that the "National Recovery Administration (NRA) was "the first iteration of Roosevelt's New Deal ... essentially a government-run cartel to fix prices and divide markets ... This was the most radical shift in the relation between government and the private economy in American history."  Speaking to aides of Roosevelt, Justice Louis Brandeis remarked that, "This is the end of this business of centralization, and I want you to go back and tell the president that we're not going to let this government centralize everything."
Brandeis also opposed Roosevelt's "court-packing scheme of 1937, which proposed to add one additional justice to the Supreme Court for every sitting member who had reached the age of seventy without retiring. "This was," felt Brandeis and others on the Court, a "thinly veiled attempt to change the decisions of the Court by adding new members who were supporters of the New Deal," leading historian Nelson Dawson to conclude that "Brandeis ... was not alone in thinking that Roosevelt's scheme threatened the integrity of the institution.":50–53
Erie Railroad Co. v. Tompkins (1938) – Federal versus state laws
His last important judicial opinion was also one of the most significant of his career, according to Klebanow and Jonas. In "Erie Railroad Co. v. Tompkins (1938), the Supreme Court addressed the issue of whether federal judges apply state law or federal "general law" where the parties to a lawsuit are from different states. Writing for the Court, Brandeis overruled the ninety-six-year-old doctrine of "Swift v. Tyson (1842), and held that there was no such thing as a "federal general common law" in cases involving diversity jurisdiction. This concept became known as the "Erie Doctrine. Applying the Erie Doctrine, federal courts now must conduct a choice of law analysis, which generally requires that the courts apply the law of the state where the injury or transaction occurred. "This ruling," concluded Klebanow and Jonas, "fits in well with Brandeis's goals of strengthening the states and reversing the long-term trend toward centralization and bigness."
Relatively late in life the secular Brandeis also became a prominent figure in the "Zionist movement. He became active in the "Federation of American Zionists in 1912, as a result of a conversation with "Jacob de Haas, according to some. His involvement provided the nascent American Zionist movement one of the most distinguished men in American life and a friend of the next president. Over the next several years he devoted a great deal of his time, energy, and money to championing the cause. With the outbreak of "World War I in Europe, the divided allegiance of its membership rendered the "World Zionist Organization impotent. American Jews then assumed a larger responsibility independent of Zionists in Europe. The Provisional Executive Committee for Zionist Affairs was established in "New York for this purpose on August 20, 1914, and Brandeis was elected president of the organization. As president from 1914 to 1918, Brandeis became the leader and spokesperson of American Zionism. He embarked on a speaking tour in the fall and winter of 1914–1915 to garner support for the Zionist cause, emphasizing the goal of self-determination and freedom for Jews through the development of a Jewish homeland.
Unlike the majority of American Jews at the time, he felt that the re-creation of a Jewish national homeland was one of the key solutions to antisemitism and the ""Jewish problem" in Europe and Russia, while at the same time a way to "revive the Jewish spirit." He explained his belief in the importance of Zionism in a famous speech he gave at a conference of "Reform Rabbis in April 1915:
The Zionists seek to establish this home in Palestine because they are convinced that the undying longing of Jews for Palestine is a fact of deepest significance; that it is a manifestation in the struggle for existence by an ancient people which has established its right to live, a people whose three thousand years of civilization has produced a faith, culture and individuality which enable it to contribute largely in the future, as it has in the past, to the advance of civilization; and that it is not a right merely but a duty of the Jewish nationality to survive and develop. They believe that only in Palestine can Jewish life be fully protected from the forces of disintegration; that there alone can the Jewish spirit reach its full and natural development; and that by securing for those Jews who wish to settle there the opportunity to do so, not only those Jews, but all other Jews will be benefited, and that the long perplexing Jewish Problem will, at last, find solution.
He also explained his belief that Zionism and patriotism were compatible concepts and should not lead to charges of "dual loyalty" which worried the rabbis and the dominant "American Jewish Committee:
Let no American imagine that Zionism is inconsistent with Patriotism. Multiple loyalties are objectionable only if they are inconsistent. A man is a better citizen of the United States for being also a loyal citizen of his state, and of his city; or for being loyal to his college.... Every American Jew who aids in advancing the Jewish settlement in Palestine, though he feels that neither he nor his descendants will ever live there, will likewise be a better man and a better American for doing so. There is no inconsistency between loyalty to America and loyalty to Jewry.
Early in the war, Jewish leaders determined that they needed to elect a special representative body to attend the peace conference as spokesman for the religious, national and political rights of Jews in certain European countries, especially to guarantee that Jewish minorities were included wherever minority rights were recognized. Under the leadership of Brandeis, "Stephen Wise and "Julian Mack, the Jewish Congress Organization Committee was established in March 1915. The subsequent vehement debate about the idea of a "congress" stirred the feelings of American Jews and acquainted them with the Jewish problem. Brandeis' efforts to bring in the American Jewish Committee and some other Jewish organizations were unsuccessful; these organizations were quite willing to participate in a conference of appointed representatives, but were opposed to Brandeis's idea of convening a congress of delegates elected by the Jewish population.
The following year, however, delegates representing over one million Jews came together in Philadelphia and elected a National Executive Committee with Brandeis as honorary chairman. On April 6, 1917, America entered the war. On June 10, 1917, 335,000 American Jews cast their votes and elected their delegates who, together with representatives of some 30 national organizations, established the "American Jewish Congress on a democratically elected basis, but further efforts to organize awaited the end of the war.
Brandeis also brought his influence to bear on the Wilson administration in the negotiations leading up to the "Balfour Declaration and the "Paris Peace Conference.
In 1919 Brandeis broke on issues of structural organization and financial planning with "Chaim Weizmann, the leader of the European Zionism. In 1921 Weizmann's candidates, headed by "Louis Lipsky, defeated Brandeis's for political control of the "Zionist Organization of America. Brandeis resigned from the ZOA, along with his closest associates Rabbi "Stephen S. Wise, Judge Julian W. Mack and "Felix Frankfurter. His ouster was devastating to the movement, and by 1929 there were no more than 18,000 members in the ZOA.["citation needed] Nonetheless he remained active in "philanthropy directed at Jews in Palestine. In the summer of 1930, these two factions and visions of Zionism, would come to a compromise largely on Brandeis's terms, with a changed leadership structure for the ZOA. In the late 1930s he endorsed immigration to Palestine in an effort to help European Jews escape genocide when Britain denied entry to more Jews.
Death and legacy
Brandeis retired from the Supreme Court on February 13, 1939, and he died on October 5, 1941, following a heart attack.
The remains of both Justice Brandeis and his wife are interred beneath the portico of the Law School of the "University of Louisville, in Louisville, Kentucky. Brandeis himself made the arrangements that made the law school one of only thirteen Supreme Court repositories in the U.S. His professional papers are archived at the library there.
Brandeis lived to see many of the ideas that he had championed become the law of the land. Wages and hours legislation were now accepted as constitutional, and the right of labor to organize was protected by law. His spirited, eloquent defense of free speech and the right of privacy have had a continuing, powerful influence upon the Supreme Court and, ultimately, upon the life of the entire nation. The Economist magazine has called him "A "Robin Hood of the law," and former Secretary of State "Dean Acheson, his early law clerk, was "impressed by a man whose personal code called for ... the zealous molding of the lives of the underprivileged so that paupers might achieve moral growth.":246
Wayne McIntosh writes of him, "In our national juristic temple, some figures have been accorded near-Olympian reverence... a part of that legal pantheon is Louis D. Brandeis – all the more so, perhaps because Brandeis was far more than a great justice. He was also a social reformer, legal innovator, labor champion, and Zionist leader... And it was as a judge that his concepts of privacy and free speech ultimately, if posthumously, resulted in virtual legal sea changes that continue to resonate even today." Former Justice William O. Douglas wrote, "he helped America grow to greatness by the dedications of which he made his life."
The "U.S. Postal Service in September 2009 honored Brandeis by featuring his image on a new set of commemorative stamps along with U.S. Supreme Court associate justices "Joseph Story, "Felix Frankfurter and "William J. Brennan Jr. In the Postal Service announcement about the stamp, he was credited with being "the associate justice most responsible for helping the Supreme Court shape the tools it needed to interpret the Constitution in light of the sociological and economic conditions of the 20th century." The Postal Service honored him with a stamp image in part because, their announcement states, he was "a progressive and champion of reform, [and] Brandeis devoted his life to social justice. He defended the right of every citizen to speak freely, and his groundbreaking conception of the right to privacy continues to impact legal thought today."
Brandeis was a founding member of the "Massachusetts Bar Association.
- "Brandeis University, in "Waltham, Massachusetts. Several awards given at the school are named in his honor. A collection of his personal papers is available at the Robert D. Farber University Archives & Special Collections Department at Brandeis University.
- The "University of Louisville's "Louis D. Brandeis School of Law. The school's principal "law review publication was named the Brandeis Law Journal until it was renamed in 2007. The law school's Louis D. Brandeis Society awards the "Brandeis Medal.
- The Brandeis Law Journal, one of the country's few undergraduate law publications, launched in 2009.
- "The Louis D. Brandeis Center for Human Rights under Law, a civil rights organization established in "Washington, D.C. to combat "antisemitism in higher education.
- "Kibbutz "Ein Hashofet (Hebrew: עין השופט) in "Israel, founded 1937. "Ein Hashofet" means "Spring of the Judge", a name chosen to honor Brandeis' Zionism.
- "Kfar Brandeis (lit: Brandeis village) is a suburb of the Israeli city of "Hadera.
- One of the buildings of "Hillman Housing Corporation, a "housing cooperative founded by the "Amalgamated Clothing Workers of America, in the "Lower East Side of Manhattan.
- The Brandeis School, a private Jewish day-school in "Lawrence, New York.
- "The Brandeis School of San Francisco, a K–8 independent coeducational Jewish day school in "San Francisco, California (formerly one of two campuses of Brandeis Hillel Day School).
- Brandeis Marin, an independent Jewish school in "San Rafael, California (formerly one of two campus of Brandeis Hillel Day School).
- The "Brandeis-Bardin Institute, in "Simi Valley, near "Los Angeles, a Jewish educational outreach resource.
- The "New York City Public Schools Louis D. Brandeis High School, named for the justice and dissolved in 2009, though the building, which houses several smaller educational units, is still called the Brandeis Building.["citation needed]
- "Louis D. Brandeis High School, in "San Antonio, Texas, where the "Northside Independent School District names all of its comprehensive high schools for Supreme Court Justices
- Louis D. Brandeis Law Society, in "Philadelphia, a "Jewish law society ... dedicated to advancing and enriching the personal and professional interests of [its] members of the Bench and Bar."
- Louis D. Brandeis AZA #932, a B'nai B'rith Youth Organization Chapter in "Dallas.
- Brandeis AZA #1519, a B'nai B'rith Youth Organization Chapter in "Rockville, Maryland.
- Brandeis AZA #1999, a B'nai B'rith Youth Organization Chapter in "Minneapolis, Minnesota
- Hadassah-Brandeis Apprentice School of Printing in "Jerusalem, Israel
|""||"Wikisource has original text related to this article:|
- Ashwander v. Tennessee Valley Authority (1936) (concurring)
- Erie Railroad Co. v. Tompkins (1938) (majority)
- Gilbert v. Minnesota (1920) (dissenting) at the "Wayback Machine (archived April 23, 2010)
- New State Ice Co. v. Liebmann (1932) (dissenting)
- Olmstead v. United States (1928) (dissenting)
- Ruthenberg v. Michigan (1927) (unpublished dissent) at the "Wayback Machine (archived February 10, 2009)
- Sugarman v. United States (1919) (majority)
- United States ex rel Milwaukee Social Democratic Publishing Co. v. Burleson (1921) (dissenting) at the "Wayback Machine (archived May 14, 2011)
- Whitney v. California (1927) (concurring) at the "Wayback Machine (archived May 14, 2011)
- The Collected Supreme Court Opinions of Louis D. Brandeis
- Pennsylvania Coal Co. v. Mahon (1922) (dissenting)
- Loughran v. Loughran (1934) (majority)
- "Demographics of the Supreme Court of the United States
- "List of Justices of the Supreme Court of the United States
- "List of law clerks of the Supreme Court of the United States
- "List of people from the Louisville metropolitan area
- "Louis Brandeis House
- "List of U.S. Supreme Court Justices by time in office
- "United States Supreme Court cases during the Hughes Court
- "United States Supreme Court cases during the Taft Court
- "United States Supreme Court cases during the White Court
- "List of people on the cover of Time Magazine: 1920s
- "United States Constitution, Separation of powers
- "Federal Judicial Center: Louis Brandeis". 2009-12-12. Retrieved 2009-12-12.
- Marc Eric McClure (2003). Earnest Endeavors: The Life and Public Work of George Rublee. Greenwood. p. 76.
- Klebanow, Diana, and Jonas, Franklin L. People's Lawyers: Crusaders for Justice in American History, M.E. Sharpe (2003)
- Vile, John R. Great American Judges: An Encyclopedia, ABC-CLIO (2003)
- Mason, Thomas A. Brandeis: A Free Man's Life, Viking Press (1946)
- Urofsky, Melvin I. Louis D. Brandeis: A Life. New York: Pantheon (2009) "ISBN 0-375-42366-4
- Strum, Philippa. Louis D. Brandeis: Justice for the People, Harvard University Press (1984)
- McCraw, Thomas K. Prophets of Regulation, Harvard University Press (1984)
- Jefferson National Expansion Memorial
- :86Lief, Alfred. Brandeis: The Personal History of an American Ideal, Stackpole Sons (1936)
- Brandeis, Louis. The Opportunity in the Law, Harvard University Press (1911)
- Grant B. Mindle, "Liberalism, Privacy, and Autonomy," Journal of Politics (1989) 51#3 pp. 575–598 in JSTOR
- Solove, Daniel J., Rotenberg, Marc, and Schwartz, Paul M., Privacy, Information, and Technology (Aspen Publishers, 2006), 9
- Warren and Brandeis, The Right To Privacy, 4 Harvard Law Review 193 (1890)
- McIntosh, Wayne V., Judicial Entrepreneurship: the Role of the Judge in the Marketplace of Ideas, Greenwood Publishing (1997)
- Louis D. Brandeis (30 June 1973). Letters of Louis D. Brandeis: Volume III, 1913–1915: Progressive and Zionist. SUNY Press. pp. 79–80. "ISBN "978-1-4384-2259-6.
- Melvin I. Urofsky, Louis D. Brandeis and the Progressive Tradition (1981)
- Piott, Steven L. American Reformers, 1870–1920, Rowman & Littlefield (2006)
- Bruce, Will M. Classics of Administrative Ethics, Westview Press (2001)
- Brandeis, Louis. "The Regulation of Competition Versus the Regulation of Monopoly", address to the Economic Club of New York on November 1, 1912
- Brandeis, Louis. "Opportunity in the Law", address delivered May 4, 1905, before the Harvard Ethical Society
- For a detailed history of this struggle from Brandeis's point of view, see Staples, Henry Lee and Mason, Alpheus Thomas, "The Fall of a Railroad Empire: Brandeis and the New Haven Merger Battle" (Syracuse University Press, 1947). Justice Brandeis and his staff cooperated with the authors.
- Weller, John L., The New Haven Railroad: its Rise and Fall, Hastings House (1969)
- "Louis D. Brandeis". The Independent. July 27, 1914. Retrieved 24 July 2012.
- Chernow, Ron. The House of Morgan: An American Banking Dynasty and the Rise of Modern Finance, Grove Press (2001)
- Brandeis, Louis. The Brandeis Brief, Muller v. Oregon (208 US 412)
- Douglas, William O. "Louis Brandeis: Dangerous Because Incorruptible" Book review of Justice on Trial, New York Times, July 5, 1964
- Urofsky, Melvin I. (2005). "Louis D. Brandeis: Advocate Before and On the Bench". Journal of Supreme Court History. 30 (1): 31–46. "doi:10.1111/j.1059-4329.2005.00096.x.
- Powers, Stephen, and Rothman, Stanley. The Least Dangerous Branch?: Consequences of Judicial Activism, Smith College, Greenwood Publishing Group (2002)
- Link, Arthur S. Woodrow Wilson and the Progressive Era, 1910–1917, Harper and Row (1954)
- Link, Albert S. Wilson: the New Freedom, Princeton University Press (1953)
- Brandeis, Louis. Other People's Money – and How the Bankers Use It, (1914) complete text from Louis D. Brandeis School of Law
- New York Times: Brandeis Named for Highest Court," January 29, 1916. Retrieved February 21, 2010.
- "National Public Radio: A History of Supreme Court Confirmation Hearings"
- Todd, Alden L. Justice on Trial: The Case of Louis D. Brandeis, McGraw-Hill (1964)
- Afran, Bruce, & Garber, Robert A. (2005). Jews on Trial. pp. 157–158.
- Afran, Bruce, & Garber, Robert A. (2005). Jews on Trial. p. 154.
- Woodrow Wilson (1918). Selected Addresses and Public Papers of Woodrow Wilson. Boni and Liveright, Inc. p. 119.
- "Confirm Brandeis by Vote of 47 to 22," June 2, 1916, accessed December 31, 2009
- Richard A. Colignon (1997). Power Plays: Critical Events in the Institutionalization of the Tennessee Valley Authority. SUNY Press. p. 170.
- Bruce Allen Murphy, The Brandeis/Frankfurter Connection: The Secret Activities of Two Supreme Court Justices (Oxford University Press, 1982) p. 343
- The famed jurist "Learned Hand "thought it appropriate for a federal judge to offer private advice, as he so frequently did with Theodore Roosevelt, so long as there was no prominent public identification with the cause." See Gerald Gunther (2010). Learned Hand: The Man and the Judge. p. 202.
- Green, John Raeburn. The Supreme Court, the Bill of Rights, and the States, 97 Univ. of Pennsylvania Law Review, 608, 630 (1949)
- Gilbert v. Minnesota, Decided December 13, 1920, full text
- Gormley, Ken, and Richardson, Elliot Archibald Cox: Conscience of a Nation, Da Capo Press, (1999)
- Lewis, Anthony. Make No Law: The Sullivan case and the First Amendment, Random House, (1991)
- "Right to Privacy".
- Olmstead v. United States, 277 U.S. 438 (1928), complete text including dissent
- Finkelman, Paul. Encyclopedia of American Civil Liberties, CRC Press, (2006)
- Griswold v. Connecticut, 381 U.S. 479 (1965)
- Roe v. Wade, 410 U.S. 113 (1973)
- "Gordon, John Steele. "The Economic Contradictions of Obama-ism", Commentary magazine, April, 2009, pgs. 23–26
- Harry Hopkins, "Statement to Me by Thomas Corcoran Giving His Recollections of the Genesis of the Supreme Court Fight," April 3, 1939, typescript in Harry Hopkins Papers
- Dawson, Nelson L. ed., Brandeis and America, Univ. Press of Kentucky (1989)
- Walter Laqueur, A History of Zionism, p.159; Peter Grose, Israel in the Mind of America, p. 48
- Michael Brown, The Israeli-American Connection: Its Roots in the Yishuv, 1914–1945, (1996), p. 26 "In early 1914 the USS North Carolina arrived in Jaffa harbor with money and supplies provided by Schiff, the American Jewish Committee, and the Provisional Executive Committee for General Zionist Affairs, then acting for the WZO, which had been rendered impotent by the war."
- Patriot, Judge, and Zionist at the "Wayback Machine (archived October 27, 2007)
- Brandeis, Louis. "The Jewish Problem: How To Solve It", Speech given at a Conference of Eastern Council of Reform Rabbis, April 25, 1915
- Religion: Zionist Chiefs, "Time, Jul. 28, 1930
- Urofsky (2009)
- Christensen, George A. (1983) Here Lies the Supreme Court: Gravesites of the Justices, Yearbook at the "Wayback Machine (archived September 3, 2005) "Supreme Court Historical Society at "Internet Archive.
- Louis D. Brandeis memorial at "Find a Grave.
- Christensen, George A., Here Lies the Supreme Court: Revisited, Journal of Supreme Court History, Volume 33 Issue 1, Pages 17–41 (February 19, 2008), "University of Alabama.
- The Economist, September 24, 2009 ("Books and Arts" section)
- Harper, John Lamberton. American Visions of Europe Cambridge Univ. Press (1996)
- "Brandeis' Stamp Of Approval Recognized" at the "Wayback Machine (archived March 22, 2012), WLKY.com, October 21, 2009
- U.S.Postal Service Press Release at the "Wayback Machine (archived January 13, 2011), new Brandeis commemorative stamp announced, December 2008
- Brink, Robert J. (1987). Fiat Justitia: A History of the Massachusetts Bar Association. 1910–1985. Boston: Massachusetts Bar Association. pp. Forward. "ISBN "0-944394-00-0.
Selected works by Brandeis
- The Living Law, "Illinois Law Review, February 16, 1916
- The Brandeis Guide to the Modern World. Alfred Lief, Ed. (Boston: Little, Brown & Co., 1941)
- Brandeis on Zionism. Solomon Goldman, Ed. (Washington, D.C.: Zionist Organization of America, 1942)
- Business, a Profession. Ernest Poole, Foreword (Boston: Small, Maynard & Co. Pubs., 1914)
- The Curse of Bigness. Miscellaneous Papers of Louis Brandeis. Osmond K. Fraenkel, Ed. (New York: The Viking Press, 1934)
- The Words of Justice Brandeis. Solomon Goldman, Ed. (New York: Henry Schuman, 1953)
- "Other People's Money and How the Bankers Use It (New York: Stokes, 1914)
- Melvin I. Urofsky, David W. Levy, Eds. Half Brother, Half Son: The Letters of Louis D. Brandeis to Felix Frankfurter (Norman: University of Oklahoma Press, 1991)
- Melvin I. Urofsky, Ed. Letters of Louis D. Brandeis (Albany: State University of New York Press, 1980)
- Melvin I. Urofsky, David W. Levy, Eds. Letters of Louis D. Brandeis (Albany: State University of New York Press, 1971–1978, 5 vols.)
- Melvin I. Urofsky, David W. Levy, Eds. The Family Letters of Louis D. Brandeis (Norman: University of Oklahoma Press, 2002)
- Louis Brandeis, Samuel Warren "The Right to Privacy," at the "Wayback Machine (archived March 1, 2009) 4 "Harvard Law Review 193–220 (1890–91)
Books about Brandeis
- Jack Grennan. Brandeis & Frankfurter: A Dual Biography (New York: Harper & Row, 1984)
- Gerald Berk. Louis Brandeis and the Making of Regulated Competition, 1900–1932 (Cambridge: Cambridge University Press, 2009)
- Alexander M. Bickel. The Unpublished Opinions of Mr. Justice Brandeis (Cambridge: Harvard University Press, 1957)
- Robert A. Burt. Two Jewish Justices: Outcasts in the Promised Land (Berkeley: University of California Press, 1988)
- Nelson L. Dawson, Ed. Brandeis and America (Lexington: University Press of Kentucky, 1989)
- Jacob DeHaas. 'Louis D. Brandeis, A Biographical Sketch (New York: Bloch Publishing, 1929)
- Felix Frankfurter, Ed. Mr. Justice Brandeis (New Haven: Yale University Press, 1932)
- Ben Halpern. A Clash of Heroes: Brandeis, Weizman, and American Zionism (New York: Oxford University Press, 1986)
- Samuel J. Konefsky. The Legacy of Holmes & Brandeis: A Study in the Influence of Ideas (New York: Macmillan & Co., 1956)
- Alfred Lief, Ed. The Social & Economic Views of Mr. Justice Brandeis (New York: The Vanguard Press, 1930)
- Jacob Rader Marcus. Louis Brandeis (Twayne Publishing, 1997)
- Alpheus Thomas Mason. Brandeis: A Free Man's Life (New York: The Viking Press, 1946)
- Alpheus Thomas Mason. Brandeis & The Modern State (Princeton: Princeton University Press, 1933)
- Thomas McCraw. Prophets of Regulation: Charles Francis Adams, Louis D. Brandeis, James M. Landis, Alfred E. Kahn (Cambridge: Harvard University Press, 1984)
- Ray M. Mersky. Louis Dembitz Brandeis 1856–1941: Bibliography (Fred B Rothman & Co; reprint ed., 1958)
- "Bruce Allen Murphy, The Brandeis/Frankfurter Connection: The Secret Activities of Two Supreme Court Justices (New York: Oxford University Press, 1982)
- Lewis J. Paper. Brandeis: An Intimate Biography of one of America's Truly Great Supreme Court Justices (Englewood Cliffs: Prentice-Hall, 1983)
- Catherine Owens Peare. The Louis D. Brandeis Story (Ty Crowell Co., 1970)
- Edward A. Purcell, Jr. Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-Century America (New Haven: Yale University Press, 2000)
- Philippa Strum. Brandeis: Beyond Progressivism (Lawrence: University Press of Kansas, 1993)
- Philippa Strum, Ed. Brandeis on Democracy (Lawrence: University Press of Kansas, 1995)
- Philippa Strum. Louis D. Brandeis: Justice for the People (Cambridge: Harvard University Press, 1988)
- A.L. Todd. Justice on Trial: The Case of Louis D. Brandeis (New York: McGraw-Hill, 1964)
- Melvin I. Urofsky. A Mind of One Piece: Brandeis and American Reform (New York, "Scribner, 1971)
- Melvin I. Urofsky. Louis D. Brandeis, American Zionist (Jewish Historical Society of Greater Washington, 1992) (monograph)
- Melvin I. Urofsky. Louis D. Brandeis & the Progressive Tradition (Boston: Little, Brown & Co., 1981)
- Melvin I. Urofsky. Louis D. Brandeis: A Life (New York: Pantheon, 2009)
- Nancy Woloch. Muller v. Oregon: A Brief History with Documents (Boston: Bedford Books, 1996)
- Bhagwat, Ashutosh A. (2004). "The Story of Whitney v. California: The Power of Ideas". In Dorf, Michael C. (ed.). Constitutional Law Stories. New York: Foundation Press. pp. 418–520. "ISBN "1-58778-505-6.
- Bernstein, David (2014). "From Progressivism to Modern Liberalism: Louis D. Brandeis as a Transitional Figure in Constitutional Law". Notre Dame. 89: 2029. "SSRN .
- Blasi, Vincent (1988). "The First Amendment and the Ideal of "Civic Courage: The Brandeis Opinion in Whitney v. California". William & Mary Law Review. 29: 653.
- Bobertz, Bradley C. (1999). "The Brandeis Gambit: The Making of America's 'First Freedom,' 1909–1931". William & Mary Law Review. 40: 557.
- Brandes, Evan B. (2005). "Legal Theory and Property Jurisprudence of Oliver Wendell Holmes, Jr. and Louis D. Brandeis: An Analysis of Pennsylvania Coal Company v. Mahon". Creighton Law Review. 38: 1179.
- Collins, Ronald; Skover, David (2005). "Curious Concurrence: Justice Brandeis's Vote in Whitney v. California". Supreme Court Review. 2005: 1–52.
- Collins, Ronald; Friesen, Jennifer (1983). "Looking Back on Muller v. Oregon". American Bar Association Journal. 69: 294–298, 472–477.
- Erickson, Nancy (1989). "Muller v. Oregon Reconsidered: The Origins of a Sex-Based Doctrine of Liberty of Contract". Labor History. 30 (2): 228–250. "doi:10.1080/00236568900890161.
- Farber, Daniel A. (1995). "Reinventing Brandeis: Legal Pragmatism For the 21st century". U. Ill. L. Rev. 1995: 163.
- "Frankfurter, Felix (1916). "Hours of Labor and Realism in Constitutional Law". "Harvard Law Review. 29 (4): 353–373. "doi:10.2307/1326686. "JSTOR 1326686.
- "Freund, Paul A. (1957). "Mr. Justice Brandeis: A Centennial Memoir". Harvard Law Review. 70: 769.
- Spillenger, Clyde (1996). "Elusive Advocate: Reconsidering Brandeis as People's Lawyer". Yale Law Journal. 105 (6): 1445–1535. "doi:10.2307/797295. "JSTOR 797295.
- Spillenger, Clyde (1992). "Reading the Judicial Canon: Alexander Bickel and the Book of Brandeis". "Journal of American History. 79 (1): 125–151. "doi:10.2307/2078470. "JSTOR 2078470.
- Urofsky, Melvin I. (2005). "Louis D. Brandeis: Advocate Before and On the Bench". Journal of Supreme Court History. 30: 31. "doi:10.1111/j.1059-4329.2005.00096.x.
- Urofsky, Melvin I. (1985). "State Courts and Protective Legislation during the Progressive Era: A Reevaluation". Journal of American History. 72 (1): 63–91. "doi:10.2307/1903737. "JSTOR 1903737.
- Vose, Clement E. (1957). "The National Consumers' League and the Brandeis Brief". Midwest Journal of Political Science. 1 (3/4): 267–290. "doi:10.2307/2109304. "JSTOR 2109304.
- Goldstein, Joel K. "The art of judicial selection: Lessons for Obama from Brandeis and Freund", The St. Louis Beacon, May 19, 2009
- Dash, Eric "If It's Too Big to Fail, Is It Too Big to Exist?", The New York Times, June 20, 2009
- Mirsky, Yehudah ""Zionism, Ethics and the New Birth of Freedom: Louis Brandeis, Then and Now", Jewcy/Zeek, August 18, 2009
- Nold, Jr., James "Louis D. Brandeis Remembered: Justice For All" at the "Wayback Machine (archived April 19, 2010), Louisville Magazine, March 2010.
- Abraham, Henry J. (1992). Justices and Presidents: A Political History of Appointments to the Supreme Court (3rd ed.). New York: Oxford University Press. "ISBN "0-19-506557-3.
- Bosmajian, Haig (2010). Anita Whitney, Louis Brandeis, and the First Amendment. Cranbury, NJ: Farleigh Dickinson University Press. "ISBN "9780838642672.
- Cushman, Clare (2001). The Supreme Court Justices: Illustrated Biographies, 1789–1995 (2nd ed.). (Supreme Court Historical Society, Congressional Quarterly Books). "ISBN "1-56802-126-7.
- Frank, John P. (1995). Friedman, Leon; Israel, Fred L., eds. The Justices of the United States Supreme Court: Their Lives and Major Opinions. Chelsea House Publishers. "ISBN "0-7910-1377-4.
- "Hall, Kermit L., ed. (1992). The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. "ISBN "0-19-505835-6.
- Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography. Washington, D.C.: Congressional Quarterly Books. "ISBN "0-87187-554-3.
- Rosen, Jeffrey (2016). Louis D. Brandeis: American Prophet, Yale University Press "ISBN 978-0300158670
- Urofsky, Melvin I. (1994). The Supreme Court Justices: A Biographical Dictionary. New York: Garland Publishing. p. 590. "ISBN "0-8153-1176-1.
- Urofsky, Melvin I. (2009). Louis D. Brandeis: A Life. New York: Pantheon. p. 976. "ISBN "0-375-42366-4.
|""||Wikiquote has quotations related to: Louis Brandeis|
|""||Wikimedia Commons has media related to Louis Brandeis.|
|""||"Wikisource has original works written by or about:
- Melvin I. Urofsky discusses 'Louis D. Brandeis: A Life' Video, 40 minutes, September 29, 2009
- C-SPAN Q&A interview with Melvin Urofsky about Louis D. Brandeis: A Life, November 8, 2009
- Fox, John, Capitalism and Conflict, Biographies of the Robes, Louis Dembitz Brandeis. "Public Broadcasting Service.
- Louis Brandeis at the "Biographical Directory of Federal Judges, a "public domain publication of the "Federal Judicial Center.
- Nomination of Louis D. Brandeis: hearings before the subcommittee of the committee on the Judiciary of the Senate February 9, 1916..., Volumes 1–21, 1219 pages at book dot Google.
- Harvard University Library Open Collections Program. Women Working, 1870–1930, Louis Brandeis (1846–1941). at the "Wayback Machine (archived May 5, 2008) A full-text searchable online database with complete access to publications written by Louis Brandeis.
- University of Louisville, Louis D. Brandeis School of Law Library – Louis D. Brandeis Collection
- Louis Dembitz Brandeis Collection at Brandeis University
- Works by Louis Brandeis at "Project Gutenberg
- Works by or about Louis Brandeis at "Internet Archive
- Works by Louis Brandeis at "LibriVox (public domain audiobooks)
|"Associate Justice of the Supreme Court of the United States