Timeline
111-573: Louis Dembitz Brandeis ( / ˈ b r æ n d aɪ s / ; November 13, 1856 – October 5, 1941) was an American lawyer who served as an associate justice on the Supreme Court of the United States from 1916 to 1939. Starting in 1890, he helped develop the " right to privacy " concept by writing a Harvard Law Review article of that title , and was thereby credited by legal scholar Roscoe Pound as having accomplished "nothing less than adding
222-417: A secular holiday. His parents raised their children to be "high-minded idealists" rather than depending solely on religion for their purpose and inspiration. In later years, his mother, Frederika, wrote of this period: I believe that only goodness and truth and conduct that is humane and self-sacrificing toward those who need us can bring God nearer to us ... I wanted to give my children the purest spirit and
333-467: A House of Deputies ( Abgeordnetenhaus ). But most nationalities of the monarchy remained dissatisfied. After the second war with Denmark in 1864, Holstein came under Austrian administration, and Schleswig and Lauenburg under Prussian administration. But the internal difficulties continued. Diets replaced the parliament in 17 provinces, the Hungarians pressed for autonomy, and Venetia was attracted by
444-695: A chapter to our law." He was a leading figure in the antitrust movement at the turn of the century, particularly in his resistance to the monopolization of the New England railroad and advice to Woodrow Wilson as a candidate. In his books, articles and speeches, including Other People's Money and How the Bankers Use It , and The Curse of Bigness , he criticized the power of large banks, money trusts, powerful corporations, monopolies, public corruption, and mass consumerism, all of which he felt were detrimental to American values and culture. He later became active in
555-538: A decisive part in the overthrow of Napoleon in the campaigns of 1813–14. It participated in a second invasion of France in 1815, and put an end to Murat's regime in south Italy. The latter period of Napoleonic Wars featured Metternich exerting a large degree of influence over foreign policy in the Austrian Empire, a matter nominally decided by the Emperor. Metternich initially supported an alliance with France, arranging
666-757: A few months in the Midwest and was impressed by the nation's institutions and by the tolerance among the people he met. He wrote home to his wife, "America's progress is the triumph of the rights of man." The Brandeis family chose to settle in Louisville partly because it was a prosperous river port. His earliest childhood was shaped by the American Civil War , which forced the family to seek safety temporarily in Indiana. The Brandeis family held abolitionist beliefs that angered their Louisville neighbors. Louis's father developed
777-635: A friend as the best attorney he knew of in the Eastern U.S. Before taking on business clients, he insisted they agree to two major conditions: that he would only deal with the person in charge, never intermediaries, and he could be allowed to advise on any relevant aspects of the firm's affairs. He preferred being an adviser and counselor, rather than simply a strategist in lawsuits, which would allow him to advise his clients on how to avoid problems, such as lawsuits, strikes, or other crises. Brandeis explained: "I would rather have clients than be somebody's lawyer." In
888-402: A grain-merchandising business. Worries about the U.S. economy took the family back to Europe in 1872, but they returned in 1875. The Brandeis family were considered a "cultured family", trying not to discuss business or money during dinner, preferring subjects related to history, politics, and culture, or their daily lives. Having been raised partly on German culture , Louis read and appreciated
999-627: A litigator who enjoyed courtroom challenges. In a letter to his brother, he writes, "There is a certain joy in the exhaustion and backache of a long trial which shorter skirmishes cannot afford." On November 6, 1889, he argued for the first time before the U.S. Supreme Court as the Eastern counsel of the Wisconsin Central Railroad in Wisconsin Central Railroad Company v. Price County , 133 US 496 (1889), and won. Soon after, Chief Justice Melville Fuller recommended him to
1110-649: A negative effect on a free society. Brandeis was becoming increasingly conscious of and hostile to powerful corporations and the trend toward bigness in American industry and finance. He argued that great size conflicted with efficiency and added a new dimension to the Efficiency Movement of the Progressive Era. As early as 1895, he had pointed out the harm that giant corporations could do to competitors, customers, and their own workers. The growth of industrialization
1221-424: A new precedent in evidence presentation. In 1916, President Woodrow Wilson nominated Brandeis to a seat on the Supreme Court of the United States . His nomination was bitterly contested, partly because, as Justice William O. Douglas later wrote, "Brandeis was a militant crusader for social justice whoever his opponent might be. He was dangerous not only because of his brilliance, his arithmetic, his courage. He
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#17328586290671332-475: A note found among his papers, he reminded himself to "advise client on what he should have, not what he wants." Brandeis describes how he saw himself as an advisor: Of course there is an immense amount of litigation going on and a great deal of the time of many lawyers is devoted to litigation. But by far the greater part of the work done by lawyers is not done in court at all, but in advising men in important matters, and mainly in business affairs. ... So, some of
1443-545: A public advocate was later explained in his 1911 book, The Opportunity in the Law : The public is often inadequately represented or wholly unrepresented. That presents a condition of great unfairness to the public. As a result, many bills pass in our legislatures which would not have become law if the public interest had been fairly represented.... Those of you who feel drawn to that profession may rest assured that you will find in it an opportunity for usefulness probably unequaled. There
1554-404: A record of good and bad political deeds, which would be open to all Boston voters. In one of his public addresses in 1903, he stated his goal: We want a government that will represent the laboring man, the professional man, the businessman, and the man of leisure. We want a good government, not because it is good business but because it is dishonorable to submit to a bad government. The great name,
1665-477: A set of chambers in the Supreme Court building, and employ law clerks. The names of retired associate justices continue to appear alongside those of the active justices in the bound volumes of Supreme Court decisions. Federal statute ( 28 U.S.C. § 294 ) provides that retired Supreme Court justices may serve—if designated and assigned by the chief justice—on panels of the U.S. courts of appeals, or on
1776-573: A stable economy and reached an almost balanced budget, despite having a major deficit following the Napoleonic Wars. From March 1848 through November 1849, the Empire was threatened by revolutionary movements, most of which were of a nationalist character. Besides that, liberal and even socialist currents resisted the empire's longstanding conservatism. Although most of the revolution plans failed, some changes were made; significant lasting reforms included
1887-501: A system which delegated the responsibilities of the Kreise among subordinate Amtsbezirke [ de ] ('office districts'), a system which persisted until 1867. In the course of the post-1848 reforms Transylvania was also divided into Kreise in 1851 (re-divided in 1854 ); the Voivodeship of Serbia and Banat of Temeschwar was also divided into Kreise . German was
1998-554: A very bad reputation among Czechs and subsequently led to the strengthening of the Czech national movement . However, Bach's relaxed ideological views (apart from the neo-absolutism) led to a great rise in the 1850s of economic freedom . Internal customs duties were abolished, and peasants were emancipated from their feudal obligations. In her capacity as leader of the German Confederation, Austria participated with volunteers in
2109-492: A whole. Further, Metternich opposed the weakening of France in the years after Napoleon, and viewed the new monarchy in Paris as an effective tool in keeping Russia at bay. From 1815 to 1848, Metternich steered Austria Imperial foreign policy, and indeed the mood of Europe, and managed to keep peace on the continent despite the growing liberal and radical movements inside most major powers. His resignation in 1848, forced by moderates in
2220-440: Is a call upon the legal profession to do a great work for this country. In one of his first such cases, in 1894, he represented Alice N. Lincoln, a Boston philanthropist and noted crusader for the poor. He appeared at public hearings to promote investigations into conditions in the public poorhouses. Lincoln, who had visited the poorhouses for years, saw inmates dwelling in misery and the temporarily unemployed thrown in together with
2331-515: The First War of Schleswig (1848–1850). Sardinia allied itself with France for the conquest of Lombardy–Venetia . Austria was defeated in the 1859 armed conflict. The Treaties of Villafranca and Zürich removed Lombardy, except for the part east of the Mincio river, the so-called Mantovano . The Constitution of 1861 , also known as "February Patent", created a House of Lords ( Herrenhaus ) and
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#17328586290672442-481: The Harvard Law Review of December 15, 1890, on "The Right to Privacy." Stimulated by anger at offensive publicity concerning the social activities of Warren's family, it suggested a new legal concept that has had lasting influence. Building on diverse analogies in the law of defamation, of literary property, and of eavesdropping, Brandeis argued that the central, if unarticulated, interest protected in these fields
2553-468: The Harvard Law Review . The third, "The Right to Privacy," was the most important, with legal scholar Roscoe Pound saying it accomplished "nothing less than adding a chapter to our law." Brandeis and Warren discussed "snapshot photography," a recent innovation in journalism, that allowed newspapers to publish photographs and statements of individuals without obtaining their consent. They argued that private individuals were being continually injured and that
2664-809: The Louisville Male High School at age 14 with the highest honors. When he was 16, the Louisville University of the Public Schools awarded him a gold medal for "excellence in all his studies." Anticipating an economic downturn, Adolph Brandeis relocated the family to Europe in 1872. After a period spent traveling, Louis spent two years studying at the Annenschule [ de ] in Dresden , Germany, where he excelled. He later credited his capacity for critical thinking and his desire to study law in
2775-733: The Napoleonic Wars , Metternich was the chief architect of the Congress of Vienna in 1815. The Austrian Empire was the main beneficiary from the Congress of Vienna and it established an alliance with Britain, Prussia , and Russia forming the Quadruple Alliance . The Austrian Empire also gained new territories from the Congress of Vienna, and its influence expanded to the north through the German Confederation and also into Italy. Due to
2886-802: The Russian Empire and the United Kingdom , while geographically, it was the third-largest empire in Europe after the Russian Empire and the First French Empire . The empire was proclaimed by Francis II in 1804 in response to Napoleon 's declaration of the First French Empire, unifying all Habsburg possessions under one central government. It remained part of the Holy Roman Empire until
2997-541: The Zionist movement later in his life. Louis grew up in "a family enamored with books, music, and politics, perhaps best typified by his revered uncle, Lewis Dembitz, a refined, educated man who served as a delegate to the Republican convention in 1860 that nominated Abraham Lincoln for president." In school, Louis was a serious student in languages and other basic courses and usually achieved top scores. Brandeis graduated from
3108-562: The Zionist movement , seeing it as a solution to antisemitism in Europe and Russia , while at the same time being a way to "revive sense of the Jewish spirit." When his family's finances became secure, he began devoting most of his time to public causes, and he was later dubbed the "People's Lawyer." He insisted on taking cases without pay so that he would be free to address the wider issues involved. The Economist magazine called him "A Robin Hood of
3219-526: The first Minister-President of the Austrian Empire. The liberal Revolutions of 1848 in the Austrian Empire forced Metternich's resignation. Metternich is remembered for his success in maintaining the status quo and the Habsburg influence in international affairs. No Habsburg foreign minister following Metternich held a similar position within the empire for such a long time nor held such a vast influence on European foreign affairs. Historians generally consider
3330-557: The "royal" part referred to the Apostolic Kingdom of Hungary. However, during World War I Austria-Hungary issued military stamps for use in occupied regions, with the text "K.u.K. Feldpost" or K.u.K. Militärpost. The Napoleonic Wars dominated Austrian foreign policy from 1804 to 1815. The Austrian army was one of the most formidable forces the French had to face. After Prussia signed a peace treaty with France on 5 April 1795, Austria
3441-600: The 1815 Congress of Vienna , including the local government reorganizations from the Revolutions of 1848 to the 1860 October Diploma : The old Habsburg possessions of Further Austria (in today's France, Germany and Switzerland) had already been lost in the 1805 Peace of Pressburg. From 1850, Croatia , Slavonia , and the Military Frontier constituted a single land with disaggregated provincial and military administration, and representation. Administratively, most of
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3552-508: The Anglo-French coalition. Having abandoned its alliance with Russia, Austria was diplomatically isolated following the war, which contributed to Russia's non-intervention in the 1859 Franco-Austrian War , which meant the end of Austrian influence in Italy; and in the 1866 Austro-Prussian War , with the loss of its influence in most German-speaking land. Crown lands of the Austrian Empire after
3663-517: The Austrian Army to preparedness for another war. Johann Philipp von Stadion, the foreign minister, personally hated Napoleon due to an experience of confiscation of his possessions in France by Napoleon. In addition, the third wife of Francis I, Maria Ludovika of Austria-Este , agreed with Stadion's efforts to begin a new war. Klemens Wenzel von Metternich , located in Paris, called for careful advance in
3774-574: The Austrian Empire with other European powers whose monarchs had a similar interest in preserving conservative political direction, Metternich was able to establish the Austrian Empire's influence on European politics. Also, because Metternich used the fear of revolutions among European powers, which he also shared, he was able to establish security and predominance of the Habsburgs in Europe. Under Metternich, nationalist revolts in Austrian north Italy and in
3885-594: The Austrian foreign minister, other congresses would meet to resolve European foreign affairs. These included the Congresses of Aix-la-Chapelle (1818), Carlsbad (1819), Troppau (1820), Laibach (1821), and Verona (1822). The Metternich congresses aimed to maintain the political equilibrium among the European powers and prevent revolutionary efforts. These meetings also aimed to resolve foreign issues and disputes without resorting to violence. By means of these meetings and by allying
3996-409: The Congress of Vienna in 1815, Austria was the leading member of the German Confederation. Following the Congress, the major European powers agreed to meet and discuss resolutions in the event of future disputes or revolutions. Because of Metternich's main role in the architecture of the Congress, these meetings are also referred to as the "Metternich congress" or "Metternich system". Under Metternich as
4107-462: The Constitution effectively grants life tenure to associate justices, and all other federal judges , which ends only when a justice dies, retires, resigns, or is impeached and convicted . Each Supreme Court justice has a single vote in deciding the cases argued before it, and the chief justice's vote counts no more than that of any other justice; however, the chief justice leads the discussion of
4218-524: The French from 4 to 6 December 1805, which concluded with an armistice on 6 December 1805. The French victories encouraged rulers of certain imperial territories to ally themselves with the French and assert their formal independence from the Empire. On 10 December 1805, Maximilian IV Joseph , the prince-elector and Duke of Bavaria , proclaimed himself king, followed by the Duke of Württemberg Frederick III on 11 December. Charles Frederick , Margrave of Baden ,
4329-587: The German states were forcibly crushed. At home, he pursued a similar policy to suppress revolutionary and liberal ideals. He employed the Carlsbad Decrees of 1819, which used strict censorship of education, press and speech to repress revolutionary and liberal concepts. Metternich also used a wide-ranging spy network to dampen down unrest. Metternich operated very freely with regard to foreign policy under Emperor Francis I's reign. Francis died in 1835. This date marks
4440-541: The Holy Roman Empire was accelerated by French intervention in the Empire in September 1805. On 20 October 1805, an Austrian army led by General Karl Mack von Leiberich was defeated by French armies near the city of Ulm . The French victory resulted in the capture of 20,000 Austrian soldiers and many cannons. Napoleon's army won another victory at Austerlitz on 2 December 1805. Francis was forced into negotiations with
4551-660: The Massachusetts plan to protect small wage-earners through savings bank life insurance . He supported the conservation movement; in 1910, he emerged as the chief figure in the Pinchot–Ballinger investigation , saying: "We may have democracy, or we may have wealth concentrated in the hands of a few, but we can't have both." In 1889, Brandeis entered a new phase in his legal career when his partner, Samuel Warren, withdrew from their partnership to take over his recently deceased father's paper company. Brandeis then took on cases with
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4662-482: The Metternich era as a period of stability : the Austrian Empire fought no wars nor did it undergo any radical internal reforms. However, it was also thought of as a period of economic growth and prosperity in the Austrian Empire. The population of Austria rose to 37.5 million by 1843. Urban expansion also occurred and the population of Vienna reached 400,000. During the Metternich era, the Austrian Empire also maintained
4773-625: The Russian Empire in November 1804. This convention was to assure mutual cooperation in the case of a new war against France. Austrian unwillingness to join the Third Coalition was overcome by British subsidies, but the Austrians withdrew from the war yet again after a decisive defeat at the Battle of Austerlitz. Although the Austrian budget suffered from wartime expenditures and its international position
4884-455: The Supreme Court was established in 1789, the following 104 persons have served as an associate justice: Austrian Empire The Austrian Empire , officially known as the Empire of Austria , was a multinational European great power from 1804 to 1867, created by proclamation out of the realms of the Habsburgs . During its existence, it was the third most populous monarchy in Europe after
4995-431: The U.S. district courts. Retired justices are not, however, authorized to take part in the consideration or decision of any cases before the Supreme Court (unlike other retired federal judges who may be permitted to do so in their former courts); neither are they known or designated as a "senior judge". When, after his retirement, William O. Douglas attempted to take a more active role than was customary, maintaining that it
5106-579: The United States , other than the chief justice of the United States . The number of associate justices is eight, as set by the Judiciary Act of 1869 . Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the president to nominate, and with the advice and consent (confirmation) of the Senate , appoint justices to the Supreme Court. Article III, Section 1 of
5217-414: The United States to his time there. Returning to the U.S. in 1875, Brandeis entered Harvard Law School at the age of 18. His admiration for the wide learning and debating skills of his uncle, Lewis Dembitz, inspired him to study law. Despite the fact that he entered the school without any financial help from his family, he became "an extraordinary student". During his time at Harvard, the teaching of law
5328-428: The ablest American lawyers of this generation, after acting as professional advisers of great corporations, became finally their managers. Brandeis was unusual among lawyers since he always turned away cases he considered bad. If he believed a client to be in the wrong, he would persuade his clients to make amends, otherwise he would withdraw from the case. Once, uncertain as to the rightness of his client's case, he wrote
5439-634: The abolition of serfdom , cancellation of censorship and a promise made by Ferdinand I of Austria said to implement a constitution throughout the whole Empire. After the death of Prince Felix of Schwarzenberg in 1852, the Minister of the Interior Baron Alexander von Bach largely dictated policy in Austria and Hungary. Bach centralized administrative authority for the Austrian Empire, but he also endorsed reactionary policies that reduced freedom of
5550-629: The actual consequence of the Imperial Recess, along with the French occupying the Electorate of Hanover in the same month and various Holy Roman states becoming allied with or against France, was the end of the empire. Taking this significant change into consideration, Holy Roman Emperor Francis II created the title Emperor of Austria for himself and his successors, thereby becoming Francis I of Austria. This new title and state were created to safeguard his dynasty's imperial status as he foresaw either
5661-462: The case among the justices. Furthermore, the chief justice—when in the majority—decides who writes the court's opinion; otherwise, the senior justice in the majority assigns the writing of a decision. The chief justice also has certain administrative responsibilities that the other justices do not and is paid slightly more ($ 298,500 per year as of 2023, compared to $ 285,400 per year for an associate justice). Associate justices have seniority in order of
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#17328586290675772-829: The case of the war against France. The defeat of French army at the Battle of Bailén in Spain on 27 July 1808 triggered the war. On 9 April 1809, an Austrian force of 170,000 men attacked Bavaria . Despite military defeats of the Austrian army —especially the Battles of Marengo , Ulm , Austerlitz and Wagram —and consequently lost territory throughout the Revolutionary and Napoleonic Wars (the Treaties of Campo Formio in 1797, Luneville in 1801, Pressburg in 1806, and Schönbrunn in 1809), Austria played
5883-451: The client, "The position that I should take if I remained in the case would be to give everybody a square deal." Brandeis and Warren's firm has been in continuous practice in Boston since its founding in 1879; the firm is known as Nutter McClennen & Fish . Brandeis defined modern notions of the individual right to privacy in a path-breaking article he published with his partner, Warren, in
5994-473: The continuing success of his law practice, they later purchased a vacation house in Dedham , where they would spend many of their weekends and summer vacations. Unexpectedly, his wife's health soon became frail, and so in addition to his professional duties, he found it necessary to manage the family's domestic affairs. They shunned the more luxurious ways of their class, holding few formal dinner parties and avoiding
6105-456: The court, and revolutionaries in the streets, may have caused the spread of the revolutions throughout the monarchy. It is stipulated that Metternich's departure emboldened liberal factions in Austria and Hungary, but this cannot be confirmed for certain. During the Crimean War , Austria maintained a policy of hostile neutrality towards Russia , and, while not going to war, was supportive of
6216-497: The crown lands excluding Hungary, Croatia, Slavonia, Transylvania, Lombardy–Venetia and the Military Frontier were divided into Kreise (' circles '), an administrative division introduced under Maria Theresa in the 18th century. Following the revolutions of 1848 a brief attempt was made to introduce modern-style political districts (in addition to the Kreise ), but the reforms of Bach in 1853/54 instead instituted
6327-399: The date their respective commissions bear, although the chief justice is always considered to be the most senior justice. If two justices are commissioned on the same day, the elder is designated the senior justice of the two. Currently, the senior associate justice is Clarence Thomas . By tradition, when the justices are in conference deliberating the outcome of cases before the Supreme Court,
6438-421: The decline of Metternich's influence in the Austrian Empire. Francis' heir was his son Ferdinand I, but he suffered from health issues. Ferdinand's accession preserved the Habsburg dynastic succession, but he was not capable of ruling. The leadership of the Austrian Empire was transferred to a state council composed of Metternich, Francis I's brother Archduke Louis, and Count Franz Anton Kolowrat , who later became
6549-500: The demands of society. The press is overstepping in every direction the obvious bounds of propriety and of decency. Gossip is no longer the resource of the idle and of the vicious, but has become a trade, which is pursued with industry, as well as effrontery. To satisfy a prurient taste the details of sexual relations are spread broadcast in the columns of the daily papers. ... The intensity and complexity of life, attendant upon advancing civilization, have rendered necessary some retreat from
6660-590: The dissolution of the Holy Roman Empire, as he did not want Napoleon to succeed him. The dissolution of the Holy Roman Empire was not recognized by George III of the United Kingdom who was also the Elector of Hanover (formally Brunswick-Lüneburg) and Duke of Saxe-Lauenburg ; Hanover and Lauenburg were incorporated into the French satellite Kingdom of Westphalia in 1807, having been occupied several times since 1801, but Britain remained at war with France and no treaty
6771-533: The dissolution of the long-lived Holy Roman Empire and a reorganization under a Napoleonic model of the German states. Austrian claims on those German states were renounced without exception. On 12 July 1806, the Confederation of the Rhine was established, comprising 16 sovereigns and countries. This confederation, under French influence, de facto put an end to the Holy Roman Empire. On 6 August 1806, Francis proclaimed
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#17328586290676882-590: The empire as one of the great powers of the 19th century. The Kingdom of Hungary —as Regnum Independens—was administered by its own institutions separately from the rest of the empire. After Austria was defeated in the Austro-Prussian War of 1866, the Austro-Hungarian Compromise of 1867 was adopted, joining the Kingdom of Hungary and the Empire of Austria to form Austria-Hungary . Changes shaping
6993-418: The end of the Holy Roman Empire, or the eventual accession of Napoleon as Holy Roman Emperor, who had earlier that year adopted the title Emperor of the French and established the First French Empire . Initially Francis II/I continued to hold both titles but abdicated the throne of the Holy Roman Empire in 1806. This new empire or " Kaiserthum " ( lit. ' Kaiser -dom ' ) comprised all
7104-521: The existence of these gray hairs." Brandeis became a leader of the Progressive movement , and he used the law as the instrument for social change. From 1897 to 1916, he was heavily involved with multiple reform crusades. He fought in Boston to secure honest traction franchises and, in 1907 launched a six-year fight to prevent the banker J. P. Morgan , who acquired the New York, New Haven and Hartford Railroad , from monopolizing New England 's railroads. After an exposé of insurance fraud in 1906, he devised
7215-436: The glory of Boston, is in our keeping. In 1906, Brandeis won a modest victory when the state legislature enacted a measure he drafted designed to make it a punishable crime for a public official to solicit a job from a regulated public utility or for an officer of such a company to offer such favors. His anti-corruption philosophy was included in his closing argument for the Glavis-Ballinger case of 1910, in which he stated that
7326-458: The growing number of giant companies which were capable of dominating whole industries. He began to lose faith that the economic system was able to regulate them for the public's welfare. As a result, he denounced "cut-throat competition" and worried about monopolies. He also became concerned about the plight of workers and was more sympathetic to the labor movement. His earlier legal battles had convinced him that concentrated economic power could have
7437-449: The happiest of my life. I worked! For me, the world's center was Cambridge." After graduation, he stayed on at Harvard for another year, where he continued to study law on his own while also earning a small income by tutoring other law students. In 1878, he was admitted to the Missouri bar and accepted a job with a law firm in St. Louis, where he filed his first brief and published his first law review article. After seven months, he tired of
7548-461: The help of colleagues, two of whom became partners in 1897 in his new firm: Brandeis, Dunbar, and Nutter. He won his first important victory in 1891, when he persuaded the Massachusetts legislature to make the liquor laws less restrictive and thereby more reasonable and enforceable. He suggested a viable "middle course": by moderating the existing regulations, he told the lawmakers that they would remove liquor dealers' incentive to violate or to corrupt
7659-490: The highest ideals as to morals and love. God has blessed my endeavors. According to biographer Melvin Urofsky , Brandeis was influenced greatly by his uncle Lewis Naphtali Dembitz . Unlike other members of the extended Brandeis family, Dembitz regularly practiced Judaism and was actively involved in Zionist activities. Brandeis later changed his middle name from David to Dembitz in honor of his uncle, and through his uncle's model of social activism, became an active member of
7770-449: The influence of Chief Justice Gray." The new firm was eventually successful, having gained new clients from within the state and in several neighboring states as well. Their former professors referred a number of clients to the firm, garnering Brandeis more financial security and eventually the freedom to take an active role in progressive causes. As a partner in his law firm, he worked as a consultant and advisor to businesses, but also as
7881-583: The justices state their views in order of seniority. The senior associate justice is also tasked with carrying out the chief justice's duties when he is unable to, or if that office is vacant. There are currently eight associate justices on the Supreme Court. The justices, ordered by seniority, are: An associate justice who leaves the Supreme Court after attaining the age and meeting the service requirements prescribed by federal statute ( 28 U.S.C. § 371 ) may retire rather than resign. After retirement, they keep their title, and by custom may also keep
7992-465: The lands of the Habsburg monarchy , which had until then been legally separate realms in personal union (a composite monarchy ) under Francis and his predecessors. By contrast, the Austrian Empire was legally a single state, although the overarching structure and the status of its component lands at first stayed much the same as they had been under the composite monarchy. This was especially demonstrated by
8103-469: The latter's dissolution in 1806. It continued fighting against Napoleon throughout the Napoleonic Wars , except for a period between 1809 and 1813, when Austria was first allied with Napoleon during the invasion of Russia and later neutral during the first few weeks of the Sixth Coalition War . Austria and its allies emerged victorious in the war, leading to the Congress of Vienna , which reaffirmed
8214-484: The law." Among his notable early cases were actions fighting railroad monopolies, defending workplace and labor laws , helping create the Federal Reserve System , and presenting ideas for the new Federal Trade Commission . He achieved recognition by submitting a case brief, later called the " Brandeis brief ", which relied on expert testimony from people in other professions to support his case, thereby setting
8325-423: The laws. The legislature was won over by his arguments and changed the regulations. Brandeis wrote that "the law has everywhere a tendency to lag behind the facts of life." He chipped away at assumptions that legal principles should never be changed. He worked to break the traditional hold on legal thinking to make laws that met the needs of the changing community. Part of his reasoning and philosophy for acting as
8436-467: The luxury hotels when they traveled. Brandeis would never fit the stereotype of the wealthy man. Although he belonged to a polo club, he never played polo. He owned no yacht, just a canoe that he would paddle by himself on the fast-flowing river that adjoined his cottage in Dedham. He wrote to his brother of his brief trips to Dedham: "Dedham is a spring of eternal youth for me. I feel newly made and ready to deny
8547-511: The marriage between Napoleon and Francis I's daughter, Marie-Louise; however, by the 1812 campaign, he had realised the inevitability of Napoleon's downfall and took Austria to war against France. Metternich's influence at the Congress of Vienna was remarkable, and he became not only the premier statesman in Europe but the virtual ruler of the Empire until 1848—the Year of revolutions —and the rise of liberalism equated to his political downfall. The result
8658-403: The mentally ill as well as hardened criminals. Brandeis spent nine months and held fifty-seven public hearings, at one such hearing proclaiming, "Men are not bad. Men are degraded largely by circumstances.... It is the duty of every man... to help them up and let them feel that there is some hope for them in life." As a result of the hearings, the board of aldermen decreed that the administration of
8769-460: The minor casework and accepted an offer by his Harvard classmate, Samuel D. Warren II , to set up a law firm in Boston . They were close friends at Harvard, where Warren ranked second in the class to Brandeis's first. Warren also came from a wealthy Boston family and their new firm benefitted from his family's connections. Soon after returning to Boston, while waiting for the law firm to gain clients, he
8880-542: The nation on a legal trajectory of such profound magnitude that it finally transcended its humble beginnings." State courts and legislatures quickly drew on Brandeis and Warren's work. In 1905 the Georgia Supreme Court recognized a right to privacy in a case involving a photograph of the plaintiff published without his consent in an advertisement with a misattributed quotation. By 1909, California, New York, Pennsylvania, Virginia, and Utah had passed statutes establishing
8991-528: The nature of the Holy Roman Empire took place during conferences in Rastatt (1797–1799) and Regensburg (1801–1803). On 24 March 1803, the Imperial Recess (German: Reichsdeputationshauptschluss ) was declared, which reduced the number of ecclesiastical states from 81 to only 3 and the free imperial cities from 51 to 6. This measure was aimed at replacing the old constitution of the Holy Roman Empire, but
9102-567: The now unified Italy. After the Austrian army was defeated in the Austro-Prussian War of 1866 and the German Confederation was dissolved, the Austro-Hungarian Compromise of 1867 was adopted. By this act, the Kingdom of Hungary and the Empire of Austria as two separate entities joined on an equal basis to form the Dual Monarchy of Austria-Hungary. The frequent abbreviation K.u.K. ( Kaiserliche und Königliche , "Imperial and Royal") does not refer to that dual monarchy but originated in 1745, when
9213-460: The payrolls of the private transit companies. One alderman gave jobs to 200 of his followers. In Boston and other cities, such abuses were part of the corruption in which graft and bribery were common, and in some cases, even newly freed felons resumed their political careers. "Always the moralist," writes biographer Thomas Mason, "Brandeis declared that 'misgovernment in Boston had reached the danger point. ' " He declared that from then on he would keep
9324-424: The poor law would be completely reorganized. In 1896, he was asked to lead the fight against a Boston transit company, which was trying to gain concessions from the state legislature that would have given it control over the city's emerging subway system. Brandeis prevailed, and the legislature enacted his bill. The transit franchise struggle revealed that many of Boston's politicians had placed political friends on
9435-486: The post of Chancellor of State from 1821 until 1848, under both Francis I and his son Ferdinand I . The period of 1815–1848 is also referred to as the " Age of Metternich ". During this period, Metternich controlled the Habsburg monarchy 's foreign policy. He also had a major influence in European politics. He was known for his strong conservative views and approach in politics. Metternich's policies were strongly against revolution and liberalism. In his opinion, liberalism
9546-441: The practice weakened the "moral standards of society as a whole." They wrote: That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection. Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet
9657-546: The press and abandoned public trials. He later represented the Absolutist (or Klerikalabsolutist ) party, which culminated in the concordat of August 1855 that gave the Roman Catholic Church control over education and family life. This period in the history of the Austrian Empire would become known as the era of neo-absolutism, or Bach's absolutism. The pillars of the so-called Bach system ( Bachsches System ) were, in
9768-489: The public servant "cannot be worthy of the respect and admiration of the people unless they add to the virtue of obedience some other virtues—the virtues of manliness, of truth, of courage, of willingness to risk positions, of the willingness to risk criticism, of the willingness to risk the misunderstanding that so often comes when people do the heroic thing." In the 1890s, Brandeis began to question his views on American industrialism, write Klebanow and Jonas. He became aware of
9879-482: The right to privacy ever written by a member of the Supreme Court. Some have criticized Brandeis for evading issues related to African-Americans, as he did not author a single opinion on any cases about race during his twenty-three year tenure, and he consistently voted with the Supreme Court majority including in support of racial segregation . Louis David Brandeis was born on November 13, 1856, in Louisville, Kentucky ,
9990-634: The right. In 1939 the American Law Institute 's Restatement of Torts also recognized a right to privacy at common law. Years later, after becoming a justice of the Supreme Court, Brandeis discussed the right to privacy in his famous dissenting opinion in Olmstead v. United States . In 1890, Brandeis became engaged to his second cousin Alice Goldmark, of New York. He was then 34 years of age and had previously found little time for courtship. Alice
10101-537: The role of a judge. In a letter while at Harvard, he wrote of his "desperate longing for more law" and of the "almost ridiculous pleasure which the discovery or invention of a legal theory gives me." He referred to the law as his "mistress," holding a grip on him that he could not break. His eyesight began failing as a result of the large volume of required reading and the poor visibility under gaslights . The school doctors suggested he give up school entirely. He found another alternative: paying fellow law students to read
10212-557: The status of the Kingdom of Hungary , a country that had never been a part of the Holy Roman Empire and which had always been considered a separate realm – a status that was affirmed by Article X, which was added to Hungary's constitution in 1790 and described the state as a Regnum Independens . Hungary's affairs remained administered by its own institutions (King and Diet) as they had been beforehand; thus no Imperial institutions were involved in its government. The fall and dissolution of
10323-405: The textbooks aloud, while he tried to memorize the legal principles. Despite the difficulties, his academic work and memorization talents were impressive. He graduated in 1877 as valedictorian and was elected to Phi Beta Kappa . Brandeis achieved the highest grade point average in the history of the school, a record that stood for eight decades. Brandeis said of that period: "Those years were among
10434-430: The words of Adolf Fischhof , four "armies": a standing army of soldiers, a sitting army of office holders, a kneeling army of priests and a fawning army of sneaks . Prisons were full of political prisoners, like Czech nationalist journalist and writer Karel Havlíček Borovský who was forcibly expatriated (1851–1855) to Brixen . This exile undermined Borovský's health and he died soon afterwards. This affair earned Bach
10545-445: The world, and man, under the refining influence of culture, has become more sensitive to publicity, so that solitude and privacy have become more essential to the individual; but modern enterprise and invention have, through invasions upon his privacy, subjected him to mental pain and distress, far greater than could be inflicted by mere bodily injury. Legal historian Wayne McIntosh wrote that "the privacy tort of Brandeis and Warren set
10656-454: The writings of Goethe and Schiller , and his favorite composers were Beethoven and Schumann . In their religious beliefs, although his family was Jewish, only his extended family practiced a more conservative form of Judaism, while his parents practiced the split-off movement of Frankism . They celebrated the main Christian holidays along with most of their community, treating Christmas as
10767-703: The youngest of four children. His Frankist parents were immigrants from Bohemia (now in the Czech Republic ), who raised him in a secular Jewish household. His parents, Adolph Brandeis and Frederika Dembitz, both of whom were Frankist Jews , immigrated to the United States from their childhood homes in Prague , Bohemia (then part of the Austrian Empire ). They emigrated as part of their extended families for both economic and political reasons. His extended family included Dante scholar Irma Brandeis , whose father
10878-561: Was Brandeis' second cousin. The Revolutions of 1848 had produced a series of political upheavals and the families, though politically liberal and sympathetic to the rebels, were shocked by the antisemitic riots that erupted in Prague while the rebels controlled it. In addition, the Habsburg Empire had imposed business taxes on Jews. Family elders sent Adolph Brandeis to America to observe and prepare for his family's possible emigration. He spent
10989-458: Was a form of legalized revolution. Metternich believed that absolute monarchy was the only proper system of government. This notion influenced his anti-revolutionary policy to ensure the continuation of the Habsburg monarchy in Europe. Metternich was a practitioner of balance-of-power diplomacy. His foreign policy aimed to maintain international political equilibrium to preserve the Habsburgs' power and influence in international affairs. Following
11100-437: Was an interest in personal integrity, "the right to be let alone," that ought to be secured against invasion except for some compelling reason of public welfare. Brandeis saw emotions as a positive expression of human nature, and so desired privacy protection for them as protection against repression of the human spirit. Between 1888 and 1890, Brandeis and his law partner, Samuel Warren, wrote three scholarly articles published in
11211-519: Was appointed law clerk to Horace Gray , the chief justice of the Massachusetts Supreme Court , where he worked for two years. He was admitted to the Massachusetts bar without taking an examination, which he later wrote to his brother, was "contrary to all principle and precedent." According to Klebanow and Jonas, "the speed with which he was admitted probably was due to his high standing with his former professors at Harvard Law, as well as to
11322-533: Was creating mammoth companies, which he felt threatened the well-being of millions of Americans. Although the Sherman Antitrust Act was enacted in 1890, it was not until the 20th century that there was any major effort to apply it. Associate Justice of the Supreme Court of the United States An associate justice of the Supreme Court of the United States is a justice of the Supreme Court of
11433-579: Was dangerous because he was incorruptible ... [and] the fears of the Establishment were greater because Brandeis was the first Jew to be named to the Court." On June 1, 1916, he was confirmed by the Senate by a vote of 47 to 22, to become one of the most famous and influential figures ever to serve on the high court. His opinions were, according to legal scholars, some of the "greatest defenses" of freedom of speech and
11544-411: Was forced to carry the main burden of war with Napoleonic France for almost ten years. This severely overburdened the Austrian economy, making the war greatly unpopular. Emperor Francis I therefore refused to join any further war against Napoleon for a long time. On the other hand, Francis I continued to intrigue for the possibility of revenge against France, entering into a secret military agreement with
11655-525: Was given the title of Grand Duke on 12 December. Each of these new states became French allies. Francis II agreed to the humiliating Treaty of Pressburg , signed in Pressburg (today Bratislava , Slovakia) on 26 December 1805, in which he recognised these new titles and ceded large amounts of territory to Napoleon's German allies and the French Satellite Kingdom of Italy . In practice this meant
11766-571: Was his prerogative to do so because of his senior status, he was rebuffed by Chief Justice Warren Burger and admonished by the whole Court. There are currently three living retired associate justices: David Souter , retired June 29, 2009; Anthony Kennedy , retired July 31, 2018; and Stephen Breyer , retired June 30, 2022. Souter has served on panels of the First Circuit Courts of Appeals following his retirement; Kennedy and Breyer have not performed any judicial duties since retiring. Since
11877-536: Was signed recognising their annexation. His claims were later settled by the creation of the Kingdom of Hanover which was held by George IV and William IV as Kings of Hanover. Succession could only be in the male line, so on Queen Victoria 's accession to the British throne, her uncle, Ernest Augustus , succeeded as King of Hanover, thus ending the personal union with Great Britain that dated to 1714. Klemens von Metternich became Foreign Minister in 1809. He also held
11988-563: Was significantly undermined, the humiliating Treaty of Pressburg provided plenty of time to strengthen the army and economy. Moreover, the ambitious Archduke Charles and Johann Philipp von Stadion never abandoned the goal of further war with France. Archduke Charles of Austria served as the Head of the Council of War and Commander in Chief of the Austrian army. Endowed with the enlarged powers, he reformed
12099-435: Was that the Austrian Empire was seen as one of the great powers after 1815, but also as a reactionary force and an obstacle to national aspirations in Italy and Germany. During this time, Metternich was able to maintain an elaborate balance between Prussia, the lesser German states, and Austria in the German Confederation . Thanks to his efforts, Austria was seen as the senior partner with Prussia keeping watch over Germany as
12210-702: Was the daughter of Joseph Goldmark , a physician who had immigrated to America from Austria-Hungary after the collapse of the Revolution of 1848 . They were married on March 23, 1891, at the home of her parents in New York City in a civil ceremony. The newlywed couple moved into a modest home in Boston's Beacon Hill district and had two daughters, Susan Brandeis Gilbert, born in 1893, and Elizabeth Brandeis Rauschenbush, born in 1896. Alice supported her husband's resolve to devote most of his time to public causes. The Brandeis family "lived well but without extravagance." With
12321-463: Was undergoing a change of method from the traditional, memorization-reliant, "black-letter" case law, to a more flexible and interactive Socratic method , using the casebook method to instruct students in legal reasoning. Brandeis easily adapted to the new methods, becoming active in class discussions, and joined the Pow-Wow club, similar to today's moot courts in law school, which gave him experience in
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