Thursday, February 25, 2016

Louis D. Brandeis: An Interdisciplinary Retrospective

Louis D. Brandeis (LC)
[We have word of the following conference.]

On March 31-April 1, 2016, Touro Law Center and the Jewish Law Institute will host 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, will explore topics that include, 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.

To register, go to the conference website and select “Brandeis Conference” from the Giving Options Dropdown menu. Registration fee of $54 includes breakfast, lunch and the reception on Thursday and breakfast and lunch on Friday.  For additional information, please contact Touro Law’s Events Office at (631) 761-7064 or email

Schedule after the jump.

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, “Brandeis and 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?”

1:45 – 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 Helm, “Brandeis as a Lawyer”

3:10—4:30 pm--Brandeis and the Courts (I)

Rodger Citron, Associate Dean, Touro Law Center, Moderator
Jeremy Kessler-- Brandeis, Douglas, and Constitutional Avoidance

Robert Pushaw, James Wilson Endowed Professor, Pepperdine University School of Law-- Reviving Justice Brandeis's Approach to Standing

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

4:35—5:20 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

5:30 pm—Reception-- Judaica Collection

Introduction : Samuel J. Levine, Professor of Law and Director of the Jewish Law Institute, Touro Law Center; Conference Organizer
Remarks: 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

9:30—10:30 am -- Keynote and Jewish Law Institute Spring 2016 Distinguished Lecture

“Destabilizing the Business-Profession Binary: Louis Brandeis on Professionalism and Identity,”  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

Ajay Mehrotra, Executive Director & Research Professor, American Bar Foundation, Moderator
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)    

12:00 – 12:50 pm—Keynote Luncheon Address

“The Legacy of Louis Brandeis and the Nature of American Constitutionalism,” 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”