News and Commentary Archive

Explore recent scientific discoveries and news as well as CLBB events, commentary, and press.

Mission

The speed of technology in neuroscience as it impacts ethical and just decisions in the legal system needs to be understood by lawyers, judges, public policy makers, and the general public. The Massachusetts General Hospital Center for Law, Brain, and Behavior is an academic and professional resource for the education, research, and understanding of neuroscience and the law. Read more

The Curse of Bigness

By Jeffrey Rosen | The Atlantic | June 3, 2016

Louis Brandeis, who was confirmed to the Supreme Court exactly 100 years ago, was America’s greatest critic of bigness since Thomas Jefferson. Denouncing big banks as well as big government as symptoms of what he called a “curse of bigness,” Brandeis was determined to diminish concentrated financial and federal power, which he viewed as a menace to liberty and democracy. He is also the Jeffersonian prophet who has been most consistently vindicated. The “people’s lawyer,” who predicted the stock-market crash of 1929, was a ferocious critic of economic and political consolidation in an earlier age of “too big to fail.” More than any other Supreme Court justice, he shows the importance of translating values of privacy and free speech in an age of technological change.

So why hasn’t Brandeis been invoked more frequently in the U.S. presidential election? Candidates from Sanders and Clinton to Ted Cruz have criticized big banks. Citizens on both sides of the aisle, from Tea Party conservatives to Feel the Bern progressives, have questioned the idea of “too big to fail.” Brandeis would seem to be a natural icon for this moment in American politics, yet politicians today rarely draw on his legacy.

Continue reading »

Jeffrey Rosen on the Legacy Of Supreme Court Justice Louis Brandeis

CLBB Faculty member and constitutional scholar Jeffrey Rosen is author of the new book, Louis D. Brandeis: American Prophet, and spoke with WBUR about why he calls Louis Brandeis “the most prescient judicial philosopher of the 20th Century.” Speaking with host Meghna Chakrabarti, Jeffery Rosen reflected on Brandeis’s resistance towards big government and big corporations. About the book:

According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, “Louis D. Brandeis: American Prophet” argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century…. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.

Listen to the entire Radio Boston segment below, or go to WBUR for more on the conversation.