Source for quote: "Legislatures make laws wholesale, courts do so retail"

I know that this quotation is generally attributed to Professor Lawrence Friedman, sometimes with a year of 1984, but I can’t find the source of the quote online.

Can anyone help? Thanks!

It actually appears that Justice Frankfurter is the original source.

I can’t find Lash’s book online so I can’t tell you if the quote is actually in it, but there is a law review article that includes the quote in context:

Black was appointed in 1937 so presumably the letter was written on or shortly after then.

Looks like it’s Justice Frankfurter.

Mary Brigid McManamon, Felix Frankfurter: The Architect of “Our Federalism”, 27 Ga. L. Rev. 697, 788 (1993)

Thanks, gents! That was quick. I had an idea it was a Supreme Court justice, so was surprised when the on-line cites all pointed to Friedman.

Just curious how you two found it? I was googling all sorts of variants, but just kept getting references to Friedman, not Frankfurter.

I tried running the full quote, then snippets, through LexisNexis in quotes. That didn’t work, so I started googling snippets instead. Eventually I found this book, and running it through Lexis again with “judges retail” rather than “courts retail” did the trick.

Ah-ha! Now I know why I thought it was an SC justice - it’s quoted in The Antagonists, the dual bio of Black and Frankfurter which is actually sitting on my bookshelf.

I used Westlaw, put in the quote and searched law review articles. Seemed like something that someone would put in an article. And turns out, I was right.

Now you owe me $650 for the westlaw search.


And you’re waiving your own hourly rate, I take it?

Now I’m curious as to what sort of brief would need this.

An eclectic one. :slight_smile:

Asked on behalf of a colleague, so can’t say more than that on a message board.

We can work something out. :smiley:

I’d prefer a percentage of the eventual recovery.

Even if successful, just glory, I’m afraid. :wink:

As a side note, I find it interesting to see how many of the legal dopers check the SDMB during office hours… :slight_smile:

I was actually in an office-wide health insurance enrollment meeting, but I frequently post/lurk during office hours anyway.

Never! My last post was about 6.30am my time!

Oh, wait, the very act of posting this denial is now evidence of the truth of your proposition. Dammit.

Had never actually heard that quotation before, but glad someone else had and was able to track it down. And yes, I have been known to check the Dope during work hours when I have some time on my hands. Like, er, now…

I of course only use it for legal research, he said with an air of smug virtue.

Thanks for all the comments, everyone. My colleague ultimately decided to cut the quote because she is trying to keep citations to a minimum.

It’s my only vice.