December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14897 caller ID is used to mask the fraudu- Mr. CONYERS. Mr. Speaker, I object ies of this resolution to the University of lent calls. To address this, the PHONE to the vote on the ground that a Louisville Louis D. Brandeis School of Law Act specifically prohibits the use of an quorum is not present and make the for appropriate display. actual person’s caller ID information point of order that a quorum is not The SPEAKER pro tempore. Pursu- for spoofing. present. ant to the rule, the gentleman from Although the technology needed to The SPEAKER pro tempore. Pursu- Tennessee (Mr. COHEN) and the gen- spoof has been available for some time, ant to clause 8 of rule XX and the tleman from California (Mr. DANIEL E. it previously required specialized Chair’s prior announcement, further LUNGREN) each will control 20 minutes. equipment. Now an identity thief can proceedings on this motion will be The Chair recognizes the gentleman simply purchase Internet telephone postponed. from Tennessee. equipment or use a Web site specifi- The point of no quorum is considered GENERAL LEAVE cally set up for spoofing. withdrawn. Mr. COHEN. Mr. Speaker, I ask unan- The PHONE Act imposes penalties f imous consent that all Members have 5 for modifying a caller ID with the in- RECOGNIZING 70TH ANNIVERSARY legislative days in which to revise and tent to deceive the recipient of a tele- OF RETIREMENT OF JUSTICE extend their remarks and include ex- phone call as to the identity of the LOUIS D. BRANDEIS traneous material on the resolution caller. This legislation will help deter under consideration. Mr. COHEN. Mr. Speaker, I move to The SPEAKER pro tempore. Is there telephone fraud, protect consumers suspend the rules and agree to the reso- objection to the request of the gen- from harassment, and protect con- lution (H. Res. 905) recognizing the 70th sumers and their personally identifi- anniversary of the retirement of Jus- tleman from Tennessee? There was no objection. able information from identity thieves. tice Louis D. Brandeis from the United Mr. COHEN. I yield myself such time Similar legislation passed the House States Supreme Court. with bipartisan support in the last two The Clerk read the title of the resolu- as I may consume. Congresses. I urge my colleagues to tion. Mr. Speaker, this resolution honors join all of us in supporting this bill. The text of the resolution is as fol- Louis D. Brandeis, one of America’s Mr. JOHNSON of Georgia. Mr. Speaker, I lows: greatest jurists and legal minds, on the rise today in support of H.R. 1110, the Pre- H. RES. 905 occasion of the 70th anniversary of his retirement from the United States Su- venting Harassment through Outbound Num- Whereas the United States Supreme Court ber Enforcement, ‘‘PHONE,’’ Act of 2009. I has played a fundamental role in inter- preme Court. strongly support this important piece of legisla- preting the Nation’s laws; In any listing of great Supreme Court tion that aims to protect Americans from Whereas Louis D. Brandeis, born in Louis- justices, Brandeis would have to be spoofing. ville, Kentucky, on November 13, 1856, led a among one of the top three. Among his Spoofing involves the use of a false caller selfless career as a practicing lawyer helping lasting accomplishments, he has great- ID to hide the caller’s true identity in order to to create the pro bono tradition in the ly influenced constitutional jurispru- United States through his devotion to public dence, especially in the areas of labor commit fraud or some other abusive act. The causes, becoming known as the ‘‘people’s PHONE Act of 2009 targets spoofing by pro- lawyer’’ for challenging the power of rail- relations, free speech, right to privacy, hibiting the use of caller ID information to hide road, bank, and insurance company monopo- and women’s suffrage. the caller’s true identity in order to wrongfully lies; Louis Brandeis was born in Louis- obtain anything of value or to commit other Whereas Justice Brandeis was nominated ville, Kentucky, to Jewish parents who abusive acts. In recent years, spoofing tech- an Associate Justice of the Supreme Court had emigrated from Europe, having nology has become readily available through by appointment of President Woodrow Wil- come from Bohemia after the Bohe- son and confirmed by the United States Sen- Internet telephone equipment and Web sites mian Revolution trying to create Bohe- ate in 1916 as the first Jewish Justice of the mia as an independent state in the specifically set up to spoof. Because call re- Supreme Court; cipients are under the impression that the tele- Whereas Justice Brandeis vastly contrib- 1850s. phone call is legitimate, they sometimes di- uted to constitutional jurisprudence, par- After graduating from Harvard Law vulge personal and private information to the ticularly in the areas of free speech, right to School at age 20 with the highest grade spoofer. Identity thieves have used spoofing to privacy, labor relations, and women’s suf- average in the college’s history, he em- mislead call recipients into revealing personal frage; barked on a legal career in which he Whereas through the marshalling of evi- financial information to commit identity theft, devoted so much of his time and energy dence and development of the doctrine of ju- to important social justice causes— fraudulently authorize stolen credit cards, and dicial notice, Justice Brandeis concerned to arrange for fraudulent money transfers. himself as a citizen, attorney, and Justice of often pro bono—that he became widely According to the Federal Trade Commis- the Supreme Court with the power and role known as ‘‘the people’s lawyer.’’ In- sion’s 2008 Identity Theft Consumer Com- of education in the Nation’s democracy; deed, he pioneered the pro bono legal plaint Data, Georgia ranked 7, out of the 50 Whereas Justice Brandeis supported the tradition. In a ranking of lawyers in States, for identity theft complaints. Last year, University of Louisville and its law school America, he would have to rank among Georgians made 10,748 identity theft com- (named the Louis D. Brandeis School of Law the top 10, independent of his 23-year in 1997) by contributing funding and his per- plaints. The Federal Trade Commission cal- service on the United States Supreme sonal papers and ensuring that the law Court. He was allowed to enter Harvard culated that 111 complaints were made for school library received Supreme Court briefs every 100,000 Georgia residents. for its archives; Law School even though he wasn’t a I join the Chairman in urging my colleagues Whereas Justice Brandeis provided the role high school graduate, and he graduated to support this bill. This legislation can protect model for public service which served as the prior to the requisite age of 21 and he constituents in my district from identity thieves inspiration for the University of Louisville was given his degree by special resolu- who use spoofing as their vice. adopting a public service requirement for all tion. Mr. SMITH of Texas. Mr. Speaker, I students; His significant contributions are so yield back the balance of my time. Whereas Justice Brandeis resigned from numerous that it would be impossible Mr. CONYERS. Mr. Speaker, I have the Supreme Court 70 years ago in 1939; and to discuss them all, but I will mention Whereas, to this day, schools, universities, a few. In 1890, he and his law partner, no further requests for time, and I the United States Postal Service, and other yield back the balance of my time. institutions remember the name of Justice Samuel Warren, published an article in The SPEAKER pro tempore. The Brandeis and commemorate his service: Now, the Harvard Law Review entitled The question is on the motion offered by therefore, be it Right to Privacy, which is credited the gentleman from Michigan (Mr. Resolved, That the House of Representa- with creating the foundation for that CONYERS) that the House suspend the tives— right in American constitutional law. rules and pass the bill, H.R. 1110, as (1) recognizes the 70th anniversary of Jus- Brandeis felt one of the most signifi- tice Louis D. Brandeis’s retirement from the cant parts of the American experience amended. United States Supreme Court and the signifi- The question was taken. cant contribution he made in United States was people’s right to be left alone and The SPEAKER pro tempore. In the Supreme Court jurisprudence; and that’s where the right to privacy came opinion of the Chair, two-thirds being (2) directs the Clerk of the House of Rep- into his thinking as he expressed it in in the affirmative, the ayes have it. resentatives to make available enrolled cop- his law work.

VerDate Nov 24 2008 02:20 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.036 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14898 CONGRESSIONAL RECORD — HOUSE December 15, 2009 He took on the life insurance indus- Lincoln as President of the United migrants, and it was to Louisville that try and J.P. Morgan’s railroad monop- States. he would return throughout his life. It oly. He was a leading advocate for He enrolled in Harvard Law School at was from the cradle of the burgeoning stronger labor protections. He was a age 19, studied so hard that his eye- immigrant communities of 19th-cen- strong advocate for States having the sight failed. Rather than quit school, tury Louisville that Brandeis began his opportunity to go into new endeavors he paid fellow students to read his distinguished career. He excelled first and said that the States were the lab- textbooks out loud so he could memo- at Louisville’s Male High School and oratories of democracy; that we had a rize their content. He graduated with then Harvard Law before beginning a number of States—today 50, less when the highest grade point average in the successful career as a lawyer and aca- he was serving on the Supreme Court— history of Harvard Law School at that demic. That led, in 1916, to the bench of but that each had the opportunity to time. He was best known for his work the United States Supreme Court, try some particular new idea and see if as a lawyer and justice, and while he when he was nominated by Woodrow it worked so the other States could eventually earned good money prac- Wilson as the first Jewish Justice. rely on the work of that State to see ticing law, he devoted most of his pro- The achievements of Justice Bran- whether it should expand and be used fessional life to public causes. deis, however, go far beyond breaking He argued cases and wrote treatises throughout the country. that ground. His legacy as a jurist and on privacy, labor relations and anti- litigator has had a long-standing im- b 1145 trust matters, and he assisted the Wil- pact, not just in the courtrooms and The laboratories of democracy were son administration in crafting the Fed- law books but in the lives of every important as States, such as Cali- eral Reserve Act and the Federal Trade American citizen. His accomplishments fornia, looked at medical marijuana Commission. He served on the Supreme were far-ranging, and their influence and the other States could then learn, Court for 23 years and issued seminal resonates today and will do so far into and that spread throughout 12 or 13 opinions on many of the subjects that the future. other States, but there was an oppor- consumed him as a lawyer. tunity to learn, rather than doing it all And yes, he did believe in States To those of us who treasure the First at one time and seeing if one policy fit being the laboratories of democracy. I Amendment and its protection of free the whole Nation. He was a chief eco- enjoyed the gentleman’s comments of speech, we can thank the work of Louis nomic adviser to President Woodrow reference to my home State of Cali- Brandeis. To those who value the ex- Wilson, and helped develop the Federal fornia and, I might say, rather than tension of equal rights to all Ameri- Reserve Act and the Federal Trade choose the subject he chose as an ex- cans, we can thank Louis Brandeis. Commission Act. In 1916 President Wil- ample of California being one of those The right to privacy, groundbreaking son nominated him for the Supreme laboratories, I would suggest Propo- work in the field of labor relations, Court. He became the first Jewish Su- sition 13, or perhaps three strikes and successful challenges to once powerful preme Court Justice, where he contin- you’re out, as guiding lights to the rest corporate monopolies, the list is long ued his work on great legal issues and of the Nation as to how we ought to or- and establishes Justice Brandeis’ ca- left a lasting legacy in American juris- ganize ourselves. Unfortunately, my reer as one well-deserving of our rec- prudence. home State has forgotten some of ognition in this House, a recognition Unfortunately, in his confirmation those messages in the recent past. he has not yet received in the 70 years hearing, anti-Semitism was one of the Mr. Speaker, Justice Brandeis was since he retired from the Supreme issues that came about and was raised not without his critics, but this is not Court. in the Senate. But our country over- the time nor the place to air old griev- The work of Louis Brandeis deserves came that, and he became the first ances. Rather, we’re here to honor a not just our honor but our attention. man, and so I would use somebody else Jewish Supreme Court Justice. Though the battles we fight today may Through this resolution we recognize as a reference point, William O. Doug- have changed from those of Brandeis’ las, who described Justice Brandeis as and celebrate the 70th anniversary of era, his work is rich and relevant for being ‘‘dangerous because he was incor- the retirement of Justice Brandeis all of us involved in lawmaking. When ruptible.’’ from the United States Supreme Court, few others would, Brandeis took on the I urge the Members to support H. powerful monopolies that caused eco- and remember, with deep gratitude, his Res. 905. many contributions to our Nation’s life nomic havoc during the first half of the I reserve the balance of my time. 20th century. He was continuously and to the founding also of the State of Mr. COHEN. Mr. Speaker, I yield as skeptical of large banks and their rela- Israel. many minutes as the gentleman from tionship to corporations whose failure I reserve the balance of my time. Kentucky (Mr. YARMUTH) needs. Mr. could threaten the entire economy, and Mr. DANIEL E. LUNGREN of Cali- YARMUTH is the genesis of this par- fornia. Mr. Speaker, I yield myself such ticular resolution. He hails from the he helped develop the Federal Reserve time as I may consume. same city that Justice Brandeis did Act of 1913 which clamped down on the Mr. Speaker, I rise in support of H. and brings this to memorialize this banking industry’s most egregious Res. 905, which recognizes the 70th an- man’s great talents. practices. niversary of the retirement of Justice Mr. YARMUTH. Mr. Speaker, in Lou- In his book, ‘‘Other People’s Money: Louis Brandeis from the U.S. Supreme isville we are proud of many of the And How the Bankers Use It,’’ and in a Court. There is no doubt he was a bril- great things our most legendary resi- series of columns, Brandeis warned his liant man, and he believed the law was dents have achieved. From Muhammad contemporaries of the dangers posed by best served as a vehicle to correct in- Ali’s success in and out of the boxing massive financial corporations accu- justices, rather than a gateway to ring to Diane Sawyer’s groundbreaking mulating resources and using them ir- make money. work in journalism to Harlan Sanders’ responsibly, lessons that forewarned Justice Brandeis was born in Louis- achievements as an entrepreneur, the economic crisis we faced in this ville, Kentucky, in 1856, the son of Jew- there’s evidence of their legacies country just last year. As a litigator, ish immigrants from Prague, now in throughout our community. It’s in the educator, philanthropist, and jurist, the Czech Republic. He excelled in the stories we tell, it’s found in the history Louis Brandeis did nothing short of en- public schools of his hometown and embedded in our neighborhoods, and suring that the rights we now regard as later studied in Germany. He grew up it’s seen on the banners hung in their commonplace would endure. His con- in a refined and engaged household in honor throughout town. We are proud tributions are those for which the en- which history, politics, and culture that our city has been home to people tire country should be grateful, and his were discussed regularly at the dinner who have changed the world in the legacy is something for which all of us table. I might add that one of his early realms of athletics, literature, art, in Louisville can be proud. In fact, his influences was his uncle, Lewis music, business, and, in the case of the legacy in Louisville lives on at the Uni- Dembitz, who I’m proud to note at- man we are celebrating today, law. versity of Louisville, where the law tended the Republican Party Conven- Louis D. Brandeis was born in Louis- school now bears the name of Justice tion in 1860 that nominated Abraham ville, Kentucky, in 1856, the son of im- Louis Brandeis.

VerDate Nov 24 2008 02:20 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.038 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14899 I join Justice Brandeis’ grandson, Supreme Court, but it was a Brandeis The Clerk read the title of the bill. Frank Gilbert, and the rest of his fam- Brief argument that was used to win The text of the bill is as follows: ily in urging my colleagues to support that case, for there was little law on H.R. 4194 H. Res. 905, recognizing the 70th anni- the subject that was favorable, but Be it enacted by the Senate and House of versary of the retirement of this leg- there was much social analysis and Representatives of the United States of America endary American educator, litigator, facts that helped the Court make its in Congress assembled, and jurist. decision that separate, in fact, was not SECTION 1. SHORT TITLE. Mr. COHEN. I appreciate Mr. equal, and that we needed a change in This Act may be cited as the ‘‘Law Student YARMUTH bringing this resolution and this country that we had in 1954 that Clinic Participation Act of 2009’’. his comments. I reserve my time. we’re continuing to experience today. SEC. 2. LAW STUDENT CONFLICT OF INTEREST Mr. DANIEL E. LUNGREN of Cali- Justice Brandeis had many quotes EXEMPTION. fornia. Mr. Speaker, I yield myself such which were of great significance, one of Section 205 of title 18, United States Code, time as I may consume. which is inscribed in the walls of Con- is amended by adding at the end the fol- It is interesting that we have heard gress, I think just beneath this Cham- lowing: ‘‘(j) Subsections (a) and (b) do not apply to of Justice Brandeis’ commitment to ber on the first floor. If you look up to- a law student or legal clinic staff member the First Amendment. One can only wards the ceiling, The greatest dangers participating in the legal clinic or wonder what he would think of the cur- to liberty lurk in insidious encroach- externship of an accredited law school, with rent state of interpretation of the First ment by men of zeal, well-meaning, but respect to a matter within the scope of the Amendment where, unfortunately, it without understanding. That quote, clinic or externship, unless— appears that we give greater protection which is inscribed on the walls of Con- ‘‘(1) the student or staff has participated to nude dancing than we do to political gress, is one that I’ve long thought personally and substantially in the matter speech. about, and people making arguments as a Government employee or special Gov- ernment employee through decision, ap- One would hope that the Supreme that sometimes are well meant but proval, disapproval, recommendation, the Court, as we anticipate its decision in they take away from the rights that rendering of advice, investigation, or other- the most recent challenge to aspects of people should have in this country and wise; or McCain-Feingold, might listen to some freedoms. ‘‘(2) the matter is pending in the depart- of the interpretations and wisdom of ment or agency of the Government in which b 1200 Louis Brandeis with respect to the es- the student is serving.’’. sence of the First Amendment. Brandeis also said we can have de- SEC. 3. EFFECTIVE DATE. One would hope that we would, once mocracy in this country or we can have This Act and the amendments made by again, regain the notion that protec- great wealth concentrated in the hands this Act shall take effect upon the expiration tion of political speech is at the fore- of the few, but we can’t have both. And of the 60-day period beginning on the date of front of the First Amendment, not an that thought permeates much of what the enactment of this Act. The SPEAKER pro tempore. Pursu- afterthought to the First Amendment, we debate in this Congress today and ant to the rule, the gentleman from and that when we have gone so far as see as the differences in wealth grow Tennessee (Mr. COHEN) and the gen- to have someone representing the So- greater and greater. tleman from California (Mr. DANIEL E. licitor General of the United States, re- Indeed, Georgia O’Keeffe, one of my LUNGREN) each will control 20 minutes. sponding to a question in the Supreme favorite painters, and Warren Zevon, The Chair recognizes the gentleman Court, saying in response to the ques- one of my favorite songwriters, singers from Tennessee. tion, So, the law would give you the and friends, would appreciate this reso- right to ban books if they said what is lution today, for the right to be alone, GENERAL LEAVE contained in the script of the movie the most comprehensive of rights and Mr. COHEN. I ask unanimous consent that the FEC believes it has the right the right most valued by civilized man, that all Members have 5 legislative to stop during the period of time before was something Louis Brandeis es- days to revise and extend their re- an election, the response from the rep- poused, as did O’Keeffe and Zevon. Jus- marks and include extraneous material resentative of the executive branch tice Brandeis said the most political on the bill under consideration. was, yes. If we have come so far that office is that of a private citizen. And The SPEAKER pro tempore. Is there banning books is seen as something al- I think we should all remember that. objection to the request of the gen- Mr. Speaker, I yield back my time. tleman from Tennessee? lowed under the First Amendment be- The SPEAKER pro tempore. The cause of the pursuit of purity in polit- There was no objection. question is on the motion offered by Mr. COHEN. I yield myself such time ical campaigns, then we have lost sight the gentleman from Tennessee (Mr. of the First Amendment as understood as I may consume. COHEN) that the House suspend the Mr. Speaker, H.R. 4194 would address and expressed by Louis Brandeis. rules and agree to the resolution, H. And so I would hope that as we look an unfortunate consequence of current Res. 905. forward to the end of this year that we law that hinders participation by law The question was taken. students in pro bono clinics, which lim- could look forward to a Supreme Court The SPEAKER pro tempore. In the its the provisions of these needed serv- that comes to its senses and under- opinion of the Chair, two-thirds being ices to the community. It is appro- stands the essence of the First Amend- in the affirmative, the ayes have it. ment. Mr. COHEN. Mr. Speaker, on that I priate that this resolution follow that Once again, I would urge my col- demand the yeas and nays. of Justice Brandeis, who really was the leagues to unanimously support this The yeas and nays were ordered. father of pro bono work. recognition on the 70th anniversary of The SPEAKER pro tempore. Pursu- Title 18, section U.S.C. 205 makes it a the retirement from the Supreme ant to clause 8 of rule XX and the crime for a Federal Government em- Court of Louis Brandeis. Chair’s prior announcement, further ployee to provide legal assistance to I yield back the balance of my time. proceedings on this motion will be anyone bringing a case adverse to the Mr. COHEN. Mr. Speaker, indeed, postponed. United States or in bringing a case ad- Justice Brandeis had a great impact on f verse to a substantial U.S. interest. this country, not only as a jurist, as Section 205(b) applies the same rule to we’ve mentioned, but as a lawyer. And LAW STUDENT CLINIC employees of the District of Columbia. one of his innovations was something PARTICIPATION ACT OF 2009 For law school students or legal clin- called the Brandeis Brief, where not Mr. COHEN. Mr. Speaker, I move to ic staff who hold government jobs, this only were precedents used to make an suspend the rules and pass the bill criminalizes participation in a wide argument but social data, factual data (H.R. 4194) to amend title 18, United range of political programs, including about changes in society to support the States Code, to exempt qualifying law those funded by the Federal Govern- Court’s positions. school students participating in legal ment. Law students or legal clinic staff Brandeis was not alive at the time of clinics or externships from the applica- who are full- or part-time government Brown v. Board of Education of To- tion of the conflict of interest rules employees face criminal penalties if peka, one of the great decisions of our under section 205 of such title. they participate in law school pro bono

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