Legal writing

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It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.

Louis Brandeis

New State Ice Co. v. Liebmann

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Brandeis, Louis. Dissenting Opinion. New State Ice Co. v. Liebmann. United States Reports, vol. 285, 21 Mar. 1932, pp. 280-311. Justia, supreme.justia.com/cases/federal/us/285/262/.

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The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political, but only positive law, which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory. It is so odious, that nothing can be suffered to support it, but positive law.

William Murray, Lord Mansfield

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Somerset v. Stewart

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Murray, William. King's Bench. Somerset v Stewart. 98 ER 499. 22 June 1772.

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The government ought not to use evidence obtained and only obtainable, by a criminal act...for my part I think it a less evil that some criminals could escape than that, the Government should play an ignoble part.

Oliver Wendell Holmes, Jr.

Olmstead v. United States

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Holmes, Oliver Wendell, Jr. United States, Supreme Court. Olmstead v. United States. United States Reports, vol. 277, 4 June 1928, pp. 438-485. Justia, supreme.justia.com/cases/federal/us/277/438/.

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Fear of serious injury alone cannot justify suppression of free speech and assembly. Men feared witches and burned women. It is the function of speech to free men from the bondage of irrational fears.

Louis Brandeis

Whitney v. California

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Brandeis, Louis. United States, Supreme Court. Whitney v. California. United States Reports, vol. 274, 16 May 1927, pp. 357-379. Justia, supreme.justia.com/cases/federal/us/274/357/.

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But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas—that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate, is the theory of our Constitution. It is an experiment, as all life is an experiment.

Oliver Wendell Holmes, Jr.

Abrams v. United States

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Holmes, Oliver Wendell, Jr. United States, Supreme Court. Abrams v. United States. United States Report, vol. 250, 10 Nov. 1919, pp. 616-631. Justia, supreme.justia.com/cases/federal/us/250/616/.

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It was framed upon the theory that the peoples of the several states must sink or swim together, and that, in the long run, prosperity and salvation are in union, and not division.

Benjamin Cardozo

Baldwin v. G. A. F. Seelig

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On the U.S. Constitution.

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Cardozo, Benjamin Nathan. United States, Supreme Court. Baldwin v. G. A. F. Seelig. United States Reports, vol. 294, 4 Mar 1935, pp. 511-528. Justia, supreme.justia.com/cases/federal/us/294/511/.

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The Court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error, so fruitful in the physical sciences, is appropriate also in the judicial function.

Louis Brandeis

Burnet v. Coronado Oil and Gas Co.

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Brandeis, Louis. Dissenting Opinion. Burnet v. Coronado Oil and Gas Co. United States Reports, vol. 285, 11 Apr. 1932, pp. 393-413. Justia, supreme.justia.com/cases/federal/us/285/393/.

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The chilling effect upon the exercise of First Amendment rights may derive from the fact of the prosecution, unaffected by the prospects of its success or failure.

William J. Brennan, Jr.

Dombrowski v. Pfister

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Brennan, William J, Jr. United States, Supreme Court. Dombrowski v. Pfister. United States Reports, vol. 380, 26 Apr. 1965, pp. 479-502. supreme.justia.com/cases/federal/us/380/479/.

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When urgent considerations of the public safety require compromise with the normal principles constraining law enforcement, the normal principles may have to bend. The Constitution is not a suicide pact.

Richard Posner

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Edmond v. Goldsmith

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U.S. 7th Circuit Court of Appeals. Edmond v. Goldsmith. 98-4124. 7 July 1999. https://caselaw.findlaw.com/us-7th-circuit/1176380.html.

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If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.

Robert H. Jackson

West Virginia State Board of Education v. Barnette

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Jackson, Robert H. United States, Supreme Court. West Virginia State Board of Education v. Barnette. United States Reports, vol. 319, 14 June 1943, pp. 624-671. Justia, supreme.justia.com/cases/federal/us/319/624/.

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That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious. This is especially true when the burdens of motherhood are upon her... As healthy mothers are essential to vigorous offspring, the physical wellbeing of woman becomes an object of public interest and care in order to preserve the strength and vigor of the race.

David J. Brewer

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Muller v. Oregon

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Brewer, David J. United States, Supreme Court. Muller v. Oregon. United States Reports, vol. 208, 24 Feb. 1908, pp. 412-423. Justia, supreme.justia.com/cases/federal/us/208/412/.

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That the king can do no wrong, is a necessary and fundamental principle of the English constitution.

William Blackstone

Commentaries on the Laws of England

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Original Citation

Blackstone, William. Commentaries on the Law of England: Book the Third. Oxford: Clarendon Press, 1768, ch. 17.

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Blackstone, William. Commentaries on the Laws of England: Book III Of Private Wrongs, edited by David Lemmings. Oxford University Press, 2016, ch. 17.

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If we would guide by the light of reason, we must let our minds be bold.

Louis Brandeis

Jay Burns Baking Co. vs. Bryan

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Brandeis, Louis. Dissenting Opinion. Jay Burns Baking Co. v. Bryan. United States Reports, vol. 264, 14 Apr. 1924, pp. 517-534. Justia, supreme.justia.com/cases/federal/us/264/504/.

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The offense of riding or going armed, with dangerous or unusual weapons, is a crime against the public peace, by terrifying the good people of the land.

William Blackstone

Commentaries on the Laws of England

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Original Citation

Blackstone, William. Commentaries on the Law of England: Book the Fourth. Oxford: Clarendon Press, 1769, ch. 11.

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Current Citation

Blackstone, William. Commentaries on the Laws of England: Book IV Of Public Wrongs, edited by David Lemmings. Oxford University Press, 2016, ch. 11.

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General propositions do not decide concrete cases. The decision will depend on a judgement or intuition more subtle than any articulate major premise.

Oliver Wendell Holmes, Jr.

Lochner v. New York

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Holmes, Oliver Wendell, Jr. Dissenting Opinion. Lochner v. New York. United States Reports, vol. 198, 17 Apr. 1905, pp. 74-76. Justia, https://supreme.justia.com/cases/federal/us/198/45/.

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In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently.

Harry A. Blackmun

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Regents of University of California v. Bakke

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Blackmun, Harry. United States, Supreme Court. Regents of University of California v. Bakke. United States Reports, vol. 438, 28 June 1978, pp. 265-421. Justia, supreme.justia.com/cases/federal/us/438/265/.

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How long soever it hath continued, if it be against reason, it is of no force in law.

Edward Coke

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Coke, Edward. The First Part of the Institutes of the Lawes of England. Or, a Commentarie upon Littleton, Not the Name of a Lawyer Onely, but of the Law it selfe. London: Societe of Stationers, 1628, bk. 1, ch. 10, sect. 80.

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It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people.

Felix Frankfurter

United States v. Rabinowitz

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Frankfurter, Felix. Dissenting Opinion. United States v. Rabinowitz. United States Reports, vol. 339, 20 Feb. 1950, pp. 68-86. Justia, supreme.justia.com/cases/federal/us/339/56/.

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Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet the demands of society... Now the right to life has come to mean the right to enjoy life, — the right to be let alone; the right to liberty secures the exercise of extensive civil privileges; and the term "property" has grown to comprise every possession — intangible, as well as tangible.

Louis Brandeis

The Right to Privacy

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Brandeis, Louis D and Samuel D. Warren. "The Right to Privacy." Harvard Law Review, 15 Dec. 1890.

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The Cherokee nation...is a distinct community, occupying its own territory...which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves, or in conformity with treaties and with the acts of Congress.

John Marshall

Worcester v. Georgia

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Marshall, John. United States, Supreme Court. Worcester v. Georgia. United States Reports, vol. 31, 3 Mar. 1832, pp. 515-597. Justia, supreme.justia.com/cases/federal/us/31/515/.

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