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Instead of holding a position of independence, between the wealthy and the people, prepared to curb the excesses of either, able lawyers have, to a large extent, allowed themselves to become adjuncts of great corporations and have neglected the obligation to use their powers for the protection of the people. We hear much of the "corporation lawyer," and far too little of the "people's lawyer."

Louis Brandeis

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Brandeis, Louis D. "The Opportunity in the Law." Harvard Ethical Society meeting. 4 May 1905, Phillips Brooks House, Cambridge, MA, USA.

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Brandeis, Louis D. "The Opportunity in the Law" Brandeis on Democracy, edited by Philippa Strum. University Press of Kansas, 1994.

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Taxation and representation are inseparable... Whatever is a man's own, is absolutely his own; no man hath a right to take it from him withough his consent either expressed by himself or representative; whoever attempts to do it, attempts an injury; whoever does it, commits a robbery; he throws down and destroys the distinction between liberty and slavery.

Charles Pratt, 1st Earl Camden

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Lord Camden. "On the Declatory Bill of the Sovereignty of Great-Britain over the Colonies." House of Lords, 10 Feb. 1766, Palace of Westminster, London, England, UK.

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Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty.

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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The most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic... The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.

Oliver Wendell Holmes, Jr.

Schenck v. United States

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Holmes, Oliver Wendell, Jr. United States, Supreme Court. Schenck v. United States. United States Reports, vol. 249, 3 Mar. 1919, pp. 47-53. Justia, supreme.justia.com/cases/federal/us/249/47/.

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Our Nation has had a long and unfortunate history of sex discrimination...rationalized by an attitude of "romantic paternalism" which, in practical effect, put women not on a pedestal, but in a cage.

William J. Brennan, Jr

Frontiero v. Richardson

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Brennan, William J., Jr. United States, Supreme Court. Frontiero v. Richardson. United States Reports, vol. 411, 14 May 1973, pp. 677-692. Justia, supreme.justia.com/cases/federal/us/411/677/.

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The first trial in history for crimes against the peace of the world imposes a grave responsibility. The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated.

Robert H. Jackson

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Jackson, Robert H. "Opening Statement before the International Military Tribunal." 21 Nov. 1945, International Military Tribunal, Palace of Justice, Nuremberg, Germany.

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The condition of our survival in any but the meagerest existence is our willingness to accommodate ourselves to the conflicting interests of others, to learn to live in a social world.

Learned Hand

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Hand, Learned. Speech to the Yale Law graduates. Graduation cermony. 17 June 1931, Yale Law School, New Haven, CT, USA.

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Right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection. To many this is, and will always be, folly; but we have staked upon it our all.

Learned Hand

United States v. Associated Press

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Hand, Learned. District Court, S. D. New York. United States v. Associated Press. 52 F. Supp. 362 (1943). 6 Oct. 1943, law.justia.com/cases/federal/district-courts/FSupp/52/362/1755014/.

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The day has clearly gone forever of societies small enough for their members to have personal acquaintance with each another, and to find their station through the appraisal of those who have any first-hand knowledge of them. Publicity is an evil substitute and the art of publicity is a black art; but it has come to stay, every year adds to its potency and to the finality of its judgments. The hand that rules the press, the radio, the screen and the far-spread magazine, rules the country; whether we like it or not, we must learn to accept it.

Learned Hand

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Hand, Learned. "Mr. Justice Brandeis." Memorial Service. 21 Dec. 1942, Supreme Court of the United States, Washington, DC, USA.

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Our procedure has been always haunted by the ghost of the innocent man convicted. It is an unreal dream. What we need to fear is the archaic formalism and the watery sentiment that obstructs, delays, and defeats the prosecution of crime.

Learned Hand

United States v. Garsson

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Hand, Learned. District Court, S. D. New York. United States v. Garsson. 291 F. 646. 1 Feb. 1923.

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Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.

Louis Brandeis

Whitney v. California

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Citation

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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The common sense of mankind demands that law shall not stop with the punishment of petty crimes by little people. It must also reach men who posses themselves of great power and make deliberate and concerted use of it to set in motion evils which leave no home in the world untouched.

Robert H. Jackson

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Jackson, Robert H. "Opening Statement before the International Military Tribunal." 21 Nov. 1945, International Military Tribunal, Palace of Justice, Nuremberg, Germany.

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Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury.

Learned Hand

Helvering v. Gregory

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Hand, Learned. US Court of Appeals for the Second Circuit. Helvering v. Gregory, 69 F.2d 809 (2d Cir. 1934).

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Immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states.

Benjamin Cardozo

Palko v. Connecticut

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Cardozo, Benjamin Nathan. United States, Supreme Court. Palko v. Connecticut. United States Reports, vol. 302, 6 Dec. 1937, pp. 319-329. Justia, supreme.justia.com/cases/federal/us/302/319/.

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Political agitation, by the passions it arouses or the convictions it engenders, may in fact stimulate men to the violation of law. Detestation of existing policies is easily transformed into forcible resistance of the authority which puts them in execution, and it would be folly to disregard the causal relation between tire two. Yet to assimilate agitation, legitimate as such, with direct incitement to violent resistance, is to disregard the tolerance of all methods of political agitation which in normal times is a safeguard of free government.

Learned Hand

Masses Pub Co. v. Patten

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Hand, Learned. US District Court for the Southern District of New York. Masses Pub. Co. v. Patten, 244 F. 535 (1917).

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We believe, and I think properly, that when the men who met in 1787 to make a Constitution made the best political document ever made, they did so very largely because they were great compromisers.

Learned Hand

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Hand, Learned. "Morals in Public Life." Senate Committee on Labor and Public Welfare. 28 June 1951, Washington, DC, USA. Testimony.

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True, we build no bridges. We raise no towers. We construct no engines. We paint no pictures-unless as amateurs for our own principal amusement. There is little of all that we do which the eye of man can see. But we smooth our difficulties; we relieve stress; we correct mistakes; we take up other men's burdens and by our efforts we make possible the peaceful life of men in a peaceful state.

John W. Davis

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On lawyers.

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Davis, John W. Address in New York. 16 Mar. 1946, New York, NY, USA.

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A long line of cases shows that it is not merely of some importance, but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.

Gordon Hewart

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Rex v. Sussex Justices

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Hewart, Gordon, CJ. The United Kingdom, The King's Bench Division. Rex v Sussex Justices, ex parte McCarthy. 9 Nov. 1923. ([1924] 1 KB 256, [1923] All ER Rep 233].

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