Louis D. Brandeis: An Interdisciplinary Retrospective

Held Thursday, March 31 - Friday, April 1, 2016 at Touro Law Center
On March 31-April 1, 2016, Touro Law Center and the Jewish Law Institute hosted a national conference, Louis D. Brandeis: An Interdisciplinary Retrospective. More than thirty judges, lawyers, and scholars, representing a broad range of disciplines and hailing from around the United States, explored topics that included, among others: Brandeis's groundbreaking work as a lawyer and a scholar; his commitment to his Jewish heritage; his historic appointment to the Supreme Court nearly one hundred years ago; and his jurisprudence on the Court.
Speakers included The Honorable Kermit Lipez, United States Court of Appeals for the First Circuit; Lance Liebman, former Dean of Columbia Law School and former Director of the American Law Institute; Kenneth Elzinga, Robert C. Taylor Chair in Economics at the University of Virginia; Hasia Diner, Paul S. and Sylvia Steinberg Professor of American Jewish History and Director of the Goldstein-Goren Center for American Jewish History at New York University; and Fred Lawrence, former President of Brandeis University.
Click here to view the conference program


Thursday, March 31

8:30 am—Breakfast and Welcome
Patricia E. Salkin, Dean and Professor of Law, Touro Law Center

Samuel J. Levine, Professor of Law and Director of the Jewish Law Institute, Touro Law Center, Conference Organizer
9:00 —10:40 am--Brandeis and the Public Good
William E. Nelson, Weinfeld Professor of Law, New York University School of Law--Moderator
  • Barry Cushman, John P. Murphy Foundation Professor of Law, University of Notre Dame--Justice Brandeis and Substantive Due Process
  • Kenneth Elzinga, Professor of Economics, University of Virginia/ Micah Webber, Trinity Fellow, University of Virginia-- The Curse of Bigness and Contemporary Antitrust Policy: Brandeis and Market Concentration
  • Joel K. Goldstein, Vincent C. Immel Professor of Law, Saint Louis University School of Law-- Brandeis's View of Civic Duty
  • Lance Liebman, William S. Beinecke Professor of Law, Columbia Law School-- The U.S. Labor System: From Brandeis 1916 to U.S. 2016
10:45-11:45 am--Brandeis and Privacy
Joan Foley, Kermit Gitenstein Distinguished Professor of Health Law & Policy, Touro Law Center--Moderator
  • Erin K. Coyle, Assistant Professor of Manship School of Mass Communication, Louisiana State University-- Sunlight and Shadows: Brandeis and the Balance Between Government Transparency and Personal Privacy
  • Susan E. Gallagher, Associate Professor, Political Science Dept., UMass Lowell --Privacy, Publicity, and Power: Historicizing the "Right Most Valued by Civilized Men”
  • Mark A. Graber, Jacob A. France Professor of Constitutionalism, University of Maryland Carey School of Law--Right to Privacy from Olmstead to Obergefell
11:50 am -12:50 pm—--Brandeis and Lawyering (I)
James Altman — Bryan Cave -- Moderator
  • Robert F. Cochran, Jr. -- 
    Director, The Herbert and Elinor Nootbaar Institute on 
    Law, Religion, and Ethics and Louis D. Brandeis Professor of Law 
    -- Louis Brandeis and Lawyer Advocacy
  • Randy Lee, Professor of Law at the Commonwealth Law School of Widener University—Brandeis and Professionalism
  • Susan Saab Fortney, Professor, Texas A&M University School of Law--Collaborative Divorce: What Might Louis Brandeis Say About the Promise and Problems?
1:00-1:45 pm--Lunch
1:45 – 3:05 pm--Brandeis and Lawyering (II)
Bruce Green, Stein Professor, Fordham University School of Law--Moderator
  • Anita Bernstein, Anita and Stuart Subotnick Professor of Law, Brooklyn Law School---Good Enough for a Brandeis Brief
  • John Dzienkowski, John F. Sutton Chair in Lawyering and the Legal Process, University of Texas School of Law-- Contributions of Louis Brandeis to the Modern Law of Lawyering
  • Judith A. McMorrow, Professor of Law, Boston College Law School--Brandeis and Globalization of Legal Services
  • Katherine A. Helm—Attorney, Simpson Thacher & Bartlett LLP -- Brandeis as a Lawyer
3:10—4:10 pm--Brandeis and the Courts (I)
Rodger Citron, Associate Dean, Touro Law Center--Moderator
  • Robert Pushaw, James Wilson Endowed Professor, Pepperdine University School of Law-- Justice Brandeis, Judicial Restraint and Jurisdictional Discretion
  • Steve Winter-- Brandeis and the Administrative State
  • Larry Zacharias, Professor emeritus, University of Massachusetts-Amherst —From Winfield to Tompkins: Brandeis and the Railroad Workers' Cases
4:25—5:15 pm—Brandeis and the Courts(II)
Patricia E. Salkin, Dean and Professor of Law, Touro Law Center--Moderator
  • Judge Rick Haselton, Senior Judge, Oregon Court of Appeals—Brandeis and Judicial Process
  • Judge Kermit V. Lipez, Judge, U. S. Court of Appeals for the First Circuit--Justice Brandeis on Judging: His Approach to the Decision-Making Process
 pm—Reception and Remarks -- Judaica Collection
Samuel J. Levine, Professor of Law and Director of the Jewish Law Institute, Touro Law
Center; Conference Organizer
Hasia R. Diner, Paul S. and Sylvia Steinberg Professor of American Jewish History, New York University
—Brandeis, the Great Jewish Migration, and Progressivism

Friday—April 1

9:00 am—Breakfast

9:30—10:30 am -- Keynote and Jewish Law Institute Spring 2016 Distinguished Lecture: 
"Destabilizing the Business-Profession Binary: Louis Brandeis on Professionalism and Identity"
 presented by
Russell G. Pearce, Professor of Law; Edward & Marilyn Bellet Chair in Legal Ethics, Morality,
and Religion, Fordham University School of Law
10:45--11:45 am--Brandeis and Judaism
  • Felice Batlan, Professor of Law and Associate Dean of Faculty, IIT Chicago-Kent College of Law--Legal Progressives and the Work of Brandeis's Wife and Nieces
  • Rabbi Meir Soloveichik--Brandeis, Zionism and Judaism
  • Adam Winer, J.D. Candidate, NYU School of Law (Class of 2018 - How Jewish was Brandeis?
12:00 – 12:50 pm—Keynote Luncheon Address: 
"The Legacy of Louis Brandeis and the Nature of American Constitutionalism"
presented by
Edward A. Purcell, Jr. Joseph Solomon Distinguished Professor, New York Law School
1:00--2:30 pm – Brandeis and Free Speech
Kent Greenawalt—University Professor, Columbia Law School -- Moderator
  • Vincent Blasi, Corliss Lamont Professor of Civil Liberties, Columbia Law School---Brandeis's Understanding of the Freedom of Speech: Individual Right or Collective Good?
  • Elizabeth Todd Byron, J. Graham Brown School Social Studies Department Chair, Louisville, Kentucky-- A Progressive Mind: Louis D. Brandeis and the Origins of Free Speech
  • Renee Knake, Foster Swift Professor of Legal Ethics and Professor of Law, Co-Director, Kelley Institute of Ethics & the Legal Profession, Michigan State University --SCOTUS Decisions on Lawyer Speech
  • Frederick M. Lawrence, Senior Research Scholar, Yale Law School-- LDB's Free Expression Jurisprudence
For additional information, please contact our Events Office at (631) 761-7064 or email events@tourolaw.edu.