Setting a noble precedent

In storied career as lawyer and jurist, Brandeis managed to do well and good

September 20, 2009|Harvey A. Silverglate, Globe Correspondent

Louis D. Brandeis’s legendary status can be partly attributed to historical context, Melvin Urofsky says in “Louis D. Brandeis: A Life.’’ Boston’s most formidable and accomplished lawyer of the modern era faced tremendous challenge and opportunity. Without both, his enormous achievements might not have been possible. Of course, Urofsky reminds readers of this monumental biography that “the chance must be seized.’’

The same might be said of works of scholarship and writing. As it turns out, the Virginia Commonwealth University professor’s massive biography of arguably the most influential Supreme Court justice since John Marshall comes at an opportune time. A patient reader is left with the sense that lawyers, judges, public servants and, indeed, all citizens today face another period of historic choices. Examining the life of Brandeis, one concludes by the end of this remarkable book, shines essential light on how to balance loyalty to enduring verities with the demands for flexibility in assuring the nation’s future.

Brandeis was born and raised largely in Louisville, Ky., to sophisticated and successful Jewish parents who emigrated from Prague. Eventually he would enter Harvard Law School, where he achieved the highest grade-point average in the institution’s history, a record that would stand for decades. After graduation, Brandeis commenced his law practice in Boston, establishing a firm that, resisting the modern waves of mergers and acquisitions that have turned law firms into commercial commodities, remains intact under the name Nutter McClennen & Fish.

Brandeis’s brilliance and effectiveness as a litigator brought him not only wealth and fame, but also the admiration of minions who embraced his virtual invention of the notion that lawyers can, and should, do well while doing good. As his success grew, more time and energy went into public-interest work. It was this combination of legal acumen and public spirit that led President Woodrow Wilson to appoint Brandeis to a deeply conservative US Supreme Court in 1916.

At the time, static legal doctrines appeared headed for collision with a rapidly industrializing society. In guiding the law to accommodate new realities, while retaining values unique to the American experiment in government of and for a free people, Brandeis directed his formidable intellect and highly principled - critics would say rigid and even cold - character.

Advertisement
Advertisement
|
|
|
|