The Time for Legal Educators to Be Bold

, New York Law Journal


In one of his most celebrated dissents, Justice Louis D. Brandeis addressed an issue not likely to come before the U.S. Supreme Court again: whether the state of Oklahoma could regulate distributors of ice as a public utility. Although the legal question in the 1932 case of New State Ice v. Liebmann1 was a product of its time, a passage from the Brandeis dissent, in which he disagreed with the majority decision finding the regulation unconstitutional, has continued vitality today. Brandeis wrote:

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