Brandeis Brief
From Wikipedia, the free encyclopedia
The Brandeis Brief was a pioneering legal brief that was the first in United States legal history to rely not on pure legal theory, but also on analysis of factual data. It is named after litigator Louis Brandeis, who collected empirical data from hundreds of sources in the 1908 case Muller v. Oregon.
The Brandeis Brief changed the direction of the Supreme Court and of U.S. law. The Brandeis Brief became the model for future Supreme Court presentations in cases affecting the health or welfare of classes of individuals. This model was later successfully used in Brown v. Board of Education to demonstrate the harmful psychological effects of segregated education on African-American children.
[edit] Further reading
- Evans, Sandra S.; Scott, Joseph E. (1983). "Social Sicentists as Expert Witnesses: Their Use, Misuse, and Sometimes Abuse". Law & Policy Quarterly 5 (2): 181–214. ISSN 01640267.
- Garfinkel, Herbert (1959). "Social Science Evidence and the School Segregation Cases". Journal of Politics 21 (1): 37–59. doi:.
- Tomkins, Alan J.; Oursland, Kevin (1991). "Social and social scientific perspectives in judicial interpretations of the constitution: A historical view and an overview". Law and Human Behavior 15 (2): 101–120. doi:.
[edit] External links
- The full Brandeis Brief, courtesy of the Louis D. Brandeis School of Law (University of Louisville)
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