Legal Theory and Property Jurisprudence of Oliver Wendell Holmes, Jr., and Louis D. Brandeis: An Analysis of Pennsylvania Coal Company v. Mahon

Abstract

INTRODUCTION|The relationship between two of the greatest jurists of the twentieth century, Oliver Wendell Holmes, Jr. and Louis D. Brandeis, was something out of the ordinary. The two men, with very different backgrounds, often came to similar conclusions when they shared the high bench together. Yet, in the foundational regulatory takings case of Pennsylvania Coal Co. v. Mahon, these two Justices came to opposite conclusions. One found that a state regulation, which limited mining underneath a property owner's house, could not stretch far enough to be included within the sovereign's police power. The other thought such a regulation was a reasonable enactment in protecting the safety of property owners. This essay will analyze the backgrounds of Oliver Wendell Holmes, Jr. and Louis D. Brandeis, their legal theories and what their rationale was in coming to opposite conclusions...