The Brandeis Brief

(a) What were the facts and issues involved in the case? What law had the Oregon state Legislature passed that was being challenged? Who challenged it?

(b) Just three years earlier, in a very similar case (Lochner v New York [1905]), the Supreme Court had heard arguments about a very similar law, but had ruled for an opposite result. What was the reasoning in Lochner? How does the LEGAL REASONING in the Muller case differ from that of Lochner (or, think of it this way – how did they apply the Constitution differently)?

(c) What did Brandeis argue in his famous brief in the Muller case?

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