' It was also evident to [Supreme Court Justice] Brandeis that these
experiments were best done at the state level. Even when the federal government is locked in inaction, "a single courageous
state" can "if its citizens choose, serve as a laboratory." It is "one of the happy incidents of the federal system," he noted,
that when a state embarks on "novel social and economic experiments," it can do so "without risk to the rest of the country."
' --Adam Cohen, New York Times
New York Times December 7, 2003
Brandeis's Views on States' Rights, and Ice-Making, Have New Relevance
By ADAM COHEN
The complete article may be purchased online from the New York Times archives at--
Louis Brandeis wrote one of his most enduring opinions in a case about ice. The facts of The New State Ice Company v. Liebmann,
a dispute between the state of Oklahoma and a renegade ice manufacturer, have long been forgotten. But Brandeis's dissent
contains one of the most famous formulations in American law: that the states should be free to serve as "laboratories" of
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