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The <strong>Telmarc</strong> <strong>Group</strong><br />

PROGRESSIVISM, INDIVIDUALISM, AND THE PUBLIC<br />

INTELLECTUAL<br />

<strong>and</strong> that Taylor according to Lepore was somewhat of a fraud, <strong>the</strong> Taylor data it is<br />

alleged was all fabricated, <strong>and</strong> Galbreth had little if any basis for his facts <strong>and</strong><br />

recommendations.<br />

The author has done a superb job at writing <strong>the</strong> biography. Yet it does have in my opinion<br />

certain weaknesses. In certain parts of <strong>the</strong> text <strong>the</strong> sentences are wonderful but <strong>the</strong><br />

paragraphs do not hold toge<strong>the</strong>r, <strong>the</strong>re is jumping around in time <strong>and</strong> in concepts being<br />

discussed. In contrast, <strong>the</strong> Lepore article has a style that is quite readable, whereas that of<br />

Urofsky is at times cumbersome <strong>and</strong> pedantic. As stated in my discussion of privacy <strong>and</strong><br />

"management", Br<strong>and</strong>eis set <strong>the</strong> gold st<strong>and</strong>ard for privacy <strong>and</strong> I believe Urofsky could<br />

have taken that fur<strong>the</strong>r, <strong>and</strong> with Taylor <strong>and</strong> Galbreth, I believe Br<strong>and</strong>eis just did not do<br />

his home work, <strong>and</strong> this was a failing.<br />

I have been a fan of Judge Br<strong>and</strong>eis for much of what he accomplished especially with<br />

<strong>the</strong> writing of <strong>the</strong> classic paper, The Right to Privacy, with his <strong>the</strong>n law partner<br />

Warren 110 . (Two recent works on Br<strong>and</strong>eis have appeared <strong>and</strong> are worth note. The first is<br />

an article in The New Yorker by Jill Lepore, a superb piece of critical <strong>and</strong> historical<br />

analysis 111 . Lepore looks at <strong>the</strong> field of management <strong>and</strong> efficiency consultants through<br />

<strong>the</strong> work of Br<strong>and</strong>eis 112 .<br />

She starts her article by stating:<br />

"Ordering people around, which used to be just a way to get things done, was elevated to<br />

a science in October of 1910, when Louis Br<strong>and</strong>eis, a fifty-three-year-old lawyer from<br />

Boston, held a meeting at an apartment in New York with a bunch of experts who, at<br />

Br<strong>and</strong>eis’s urging, decided to call what <strong>the</strong>y were experts at “scientific management.”<br />

Everyone <strong>the</strong>re—including Frank <strong>and</strong> Lillian Galbreth, best known today as <strong>the</strong> parents<br />

in “Cheaper by <strong>the</strong> Dozen”—had contracted “Tayloritis”: <strong>the</strong>y were enthralled by an<br />

industrial engineer from Philadelphia named Frederick Winslow Taylor, who had been<br />

ordering people around, scientifically, for years."<br />

The essence of <strong>the</strong> tale is that Br<strong>and</strong>eis sitting on a regulatory body which controlled <strong>the</strong><br />

monopoly like rates of railroads had gotten enthralled with <strong>the</strong> less than scientific work of<br />

Taylor <strong>and</strong> <strong>the</strong> Galbreth. He <strong>the</strong>n saw that railroads should employ <strong>the</strong>se new<br />

management techniques <strong>and</strong> <strong>the</strong>n lower <strong>the</strong>ir rates. Simple, except as Lepore states <strong>the</strong><br />

Taylor results were a fraud! Perhaps <strong>the</strong>re is a lesson here for global warming, telephone<br />

interconnection rates <strong>and</strong> <strong>the</strong> like. Br<strong>and</strong>eis was a brilliant legal scholar, however he had<br />

no expertise in <strong>the</strong> area of actually running a company. He did however underst<strong>and</strong> <strong>the</strong><br />

"books" <strong>and</strong> as such used this profitably in his law practice. Yet <strong>the</strong> Taylor approach<br />

assumed you looked forward <strong>and</strong> not backward, that you understood <strong>the</strong> business <strong>and</strong> not<br />

110 See 4 Harvard Law Review 193 (1890)).<br />

111 http://www.newyorker.com/arts/critics/atlarge/2009/10/12/091012crat_atlarge_lepore<br />

112 http://www.newyorker.com/arts/critics/atlarge/2009/10/12/091012crat_atlarge_lepore<br />

Page 101

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