Gerald Gunther Papers

Total Page:16

File Type:pdf, Size:1020Kb

Gerald Gunther Papers http://oac.cdlib.org/findaid/ark:/13030/kt3g5037g0 Online items available Guide to the Gerald Gunther Ppapers Daniel Hartwig Stanford University. Libraries.Department of Special Collections and University Archives Stanford, California October 2010 Copyright © 2015 The Board of Trustees of the Leland Stanford Junior University. All rights reserved. Note This encoded finding aid is compliant with Stanford EAD Best Practice Guidelines, Version 1.0. Guide to the Gerald Gunther SC0753 1 Ppapers Overview Call Number: SC0753 Creator: Gunther, Gerald, 1927-2002. Title: Gerald Gunther papers Dates: 1807-2002 Bulk Dates: 1940-2002 Physical Description: 140 Linear feet Summary: Collection includes correspondence; Gunther's writings; biographical materials; files from his work on the Constitutional Law casebook; research files on Learned Hand, including photocopies of original documents; and microfilmed records of Supreme Court cases dating back to 1807. Language(s): The materials are in English. Repository: Department of Special Collections and University Archives Green Library 557 Escondido Mall Stanford, CA 94305-6064 Email: [email protected] Phone: (650) 725-1022 URL: http://library.stanford.edu/spc Information about Access This collection is open for research. Ownership & Copyright All requests to reproduce, publish, quote from, or otherwise use collection materials must be submitted in writing to the Head of Special Collections and University Archives, Stanford University Libraries, Stanford, California 94304-6064. Consent is given on behalf of Special Collections as the owner of the physical items and is not intended to include or imply permission from the copyright owner. Such permission must be obtained from the copyright owner, heir(s) or assigns. See: http://library.stanford.edu/depts/spc/pubserv/permissions.html. Restrictions also apply to digital representations of the original materials. Use of digital files is restricted to research and educational purposes. Cite As Gerald Gunther Papers (SC0753). Dept. of Special Collections and University Archives, Stanford University Libraries, Stanford, Calif. Biographical/Historical Sketch Gerald Gunther, the leading constitutional law scholar in the United States, joined the faculty of the Stanford Law School in 1962 and was the William Nelson Cromwell Professor of Law, Emeritus, at the time of his death in 2002. Born in Germany in 1927, he immigrated to the United States with his family in 1938. He earned his undergraduate degree at Brooklyn College, his master's degree in public law and government at Columbia, and his law degree at Harvard Law School, graduating second in his class in 1953. He was then appointed to a prestigious one year clerkship with Judge Learned Hand of the United States Court of Appeals for the Second Circuit, followed in 1954-1955 by a clerkship with Chief Justice Earl Warren. Highly regarded for his casebook on constitutional law, he also wrote a prize-winning biography of Learned Hand. At Stanford he was known for his passionate defense of freedom of speech on the campus. Description of the Collection Collection includes correspondence; Gunther's writings; biographical materials; files from his work on the Constitutional Law casebook; research files on Learned Hand, including photocopies of original documents; and microfilmed records of Supreme Court cases dating back to 1807. Access Terms Gunther, Gerald, 1927-2002. Hand, Learned, 1872-1961. Stanford University. School of Law--Faculty. Constitutional law--United States. Guide to the Gerald Gunther SC0753 2 Ppapers Accession ARCH-2004-332Papers Accession ARCH-2004-332 Papers Box 1 Wheaton Notebooks 1816-1827 Box 1 WV.P & Related Cases Box 1 Miscellaneous (re Wheaton and Wv.P) Box 2 Hand Research Data – Clark Papers – Miscellaneous interview with clerks, etc. Box 3 Genealogy; [illeg.] to LH; [illeg.] to children; Financial records (some originals) Box 4 G. Gunther chron files 1984-1987 Box 5 Manuscript file Jan.-Dec. 1823 and Jan.-Dec. 1824 [copies of documents] Box 6 Marshall Court History A – G, H – T, and U – XYZ Box 6 Case summaries and index – lower Federal Courts 1815-1835 Box 7 ? Hand biography – early drafts Box 8 Usingen Corporation (old financial data [1983-85]) Box 9 Runaway Constitutional Convention Data Box 9 Miscellaneous Speeches (including CON-CON) Box 9 Unigen Retirement Plan Data Box 10 Marshall Court Material Box 10 Miscellaneous microfilms Box 10 Clay, Appellate Case Files, Supreme Court Box 10 [box contains microfilm reels and notecards] Box 11 Hand Biography – early drafts Box 12 Supreme Court Argument Notes & Manuscript - Baldwin Notes v. Wheaton v. Peters Box 13 9th Edition – adoptions Box 13 10th Edition – adoptions Box 13 10th Edition Galley Additions Box 13 11th Edition Box 13 Casebook – 11th edition, 1990 supplement Box 13 Casebook – 11th edition – corrections Box 13 Con Law – 11th edition – advertising Box 13 Con Law – 11th edition – reactions Box 13 Con Law II Course 1988 Box 13 Con Law II Course 1989 Box 13 Con Law Casebook – 11th edition – revisions Box 13 Con Law Casebook – 11th edition – addenda Box 13 Con Law Workshop Fall 1987 Box 13 Con Law Workshop 1988 Box 13 Con Law Workshop 1989 Box 13 Con Law Workshop 1990 Box 13 Eleventh (11th ) Edition – Adoptions Box 13 Individual Rights – 4th edition Box 14 China – file #1, #2, #3 Box 14 Foundation Press – 3/86 – 3/87 Box 14 Personal 1986 Box 14 Recommendations 1986 Box 14 Stanford Press Board Box 14 United Air 1982-86 Box 15 Books (Learned Hand) 6 copies Box 16 American Bar Association Box 16 American Express Travel Card Box 16 Amex Corp card Box 16 American Express Corp Card 1993 Box 16 American Express Box 16 American Philosophical Society 1989-90 Box 16 Arizona State University 1994 Box 16 Atcheson Box 16 Berkeley Appearnace Box 16 Anne Bingaman Box 16 Bingaman – personal Guide to the Gerald Gunther SC0753 3 Ppapers Accession ARCH-2004-332Papers Box 16 Biographer's Seminar Box 16 Book – corrections Box 16 Book Travel Expenses 1994 Box 16 Bookstore readings – LH Box 16 Brickner Box 16 Brooklyn Law Review Box 16 Brooklyn Law School Box 16 E. Chadbourn Box 16 D. Cole Box 16 Columbus, Ohio Box 16 Detroit Appearance 10/26/94 Box 16 Door decorations 1993 Box 16 Duquesne Box 17 LH: LH – family interview I & II Box 17 LH: Crosskey Lecture 1976 Box 17 LH: Henkin (Columbia) interview Box 17 LH: Hand Genealogy & Family Background (V+) Box 17 LH: GG Interview 1958 Box 17 LH: Lippmann – LH correspondence Box 17 LH: Lippmann – GG interview Box 17 LH: Henkin – Interview (extra copy & notes) Box 18 Holmes – Vol. 2 Data Box 19 Richard Ellis Box 19 Federal BAR Council – Hand speech Box 19 4th Circuit Conference Box 19 Harvard Box 19 Harvard Saturday Program Box 19 Houston Box 19 Knopf – Paul Schnee Box 19 L.A. Talk Box 19 Law Review Box 19 Lewis & Clark Box 19 Menlo Park Box 19 George Martin Box 19 Linde Box 19 National Humanities Center Box 19 New Mexico Box 19 NYC Bar Assoc Box 19 NYU Conference Box 19 Personal 1994-June 1995 Box 19 Posner Box 20 Gunther Miscellaneous files Box 20 Writings & Clippings 1980-83 Box 20 Writings & Clippings 1984 Box 20 Writings & Clippings 1985 Box 20 Writings & Clippings 1986 Box 20 Writings & Clippings 1987 Box 20 Casebook materials Box 20 Con Law – grades & exams Box 21 Hand Biography Research – misc. files Box 21 Chapters Box 21 Addenda (supplemental research) Box 22 Knopf-Bristol Box 22 Knopf-Permissions Box 22 Knopf-Prepublication activities Box 22 Martin Levin (Hand Publication) Box 22 NYU Conference Box 22 Personal 1996-97 Guide to the Gerald Gunther SC0753 4 Ppapers Accession ARCH-2004-332Papers Box 22 Personal 1997 Box 22 Powell correspondence Box 22 Recommendations 1996-97 Box 23 Hand Biography – notes on boxes beyond 100, Xeroxes of Chafee Papers, etc. Box 24 Hand Biography – Gus Hand Box 24 More Hough correspondence & misc. research (including Elaine Furey materials) Box 25 Hand Bio reactions Box 25 Harvard visiting committee Box 25 Harvard University Press Box 25 Israel Box 25 Knopf – promotions Box 25 Knopf – Sifton Box 25 Knopf – Zigman Box 25 Nathalie Gutenstein Box 26 Hand biography – early chapters, data, & drafts Box 27 Hand Research etc. – miscellaneous Box 27 Hand related notes Box 27 Pound conference June 1983 Box 28 Hand Biography – early draft chapters & misc. Box 29 Hand Biography Research Data including interviews & background data Box 30 GG – Chron files Jan. 1993-March 1994 Box 30 Personal 1995 Box 30 Recommendations 1995-96 Box 31 Marshall Court history Chapter I-IV-XIII and yellow pages Box 32 Princeton Box 32 Recommendation 1992-June 1995 Box 32 Reily Box 32 Jeff Rosen Box 32 Rodell Box 32 Sacramento Box 32 San Diego Meeting 6/22/95 Box 32 Seattle, Washington Box 32 Soccer Box 32 Stanford University Box 32 Strossen Box 32 Supreme Court Historical Society – Washington, DC 6/95 Box 32 GG – Writings & Clippings 1991 Box 32 GG – Writings & Clippings 1992 Box 32 GG – Writings & Clippings 1993 Box 33 HOLMES – Admin & Gen Box 33 Misc CH VIII Osborn & Basic Box 33 Vol 1 Data Box 34 Hand Research – Index of Summaries or Misc. Correspondence Box 34 Papers & Relevant Student Seminar Papers Box 35 GG – Chron files – Aug-Sept 1994 Box 35 GG – Chron files – April-June 1994 Box 35 GG – Chron files – Oct-Dec. 1994 Box 35 GG – Chron files – Jan-March 1995 Box 35 GG – Chron files – April-June 1995 Box 35 GG – Chron files – July-Sept. 1995 Box 35 GG – Chron files – Oct-Dec 1995 Box 36 LH Biography – Background Notes and Transcriptions of Correspondence in Box 100 Series Box 37
Recommended publications
  • Educational Directory, 1
    DEPARTMENT OF THEINTERIOR BUREAU OF EDUCATION BULLETIN, 1922, No.50, EDUCATIONALDIRECTORY 1922-1923 WASHINGTON GOVERNMENT PRINTING OFFICE 1923 A u ADDITIONAL COPIES OP THIS PUBLICATION MAY BE PROCURED rams THE SUPERINTENDENT OF DOCUMENTS GOVERNMENT PRINTING OFFICE WASHINGTON, AT 115 CENTS PER COPY PURCHASER AGREES NOT TO RESELL 1SR DISTRIBUTE THIS COPT TOR PROT1T.-P1111. RES. S7, APPROVED MAY 11, 1923 IL CONTENTS. I. The United StatesBureau of Education Page: II. Principal State school officers 1 III. County and other local 3 superintendents of schools.- 13 IV. Superintendents of prIblic schools in cities and towns. 46 V. Presidents of universities andcolleges VI. Presidents of junior 67 77 VII. Heads 9f departm nts ofeducation 78 N111 I. Presidentsor deans of schools of theology 87 IX. Presidents or deans of schools of law 90 X. Presidents or deans of schools of tiielicine 92 XI. Presidents or deans of schools of dentistry 94 Presidents or deans of schools of pharmacy.. XII I. Presidents of schools of 94' osteopathy 96 X IV. Presidents or deans of srliools of veterinary medicine 96 XV. Presidents, etc.. of institutionsfor the training of teachers: 1. Presidents of teachers' colleges. 96 II. Principals of normal training schools: 1. Public normal sclu 99 2. Private normal selfols 104 'III. Directors of kindergarten training incolleges, normal schools, and kindergarten training 84110eild 105 XVI. Directors of.summer schools 109 XVII. Librarians of Public and society Librai 126 XVIII. Executive officers of State library 151 X IX. Directors of librafy schools 152 X X. Educational boards and foundations X X I. Church. educational boards and 152 societies.
    [Show full text]
  • INDIANA LAW REVIEW [Vol
    . A Short History of Hearsay Reform, with Particular Reference to Hoffman v. Palmer, Eddie Morgan and Jerry Frank Michael Ariens* "Few historians, however, hold themselves out as fictionists." Jerome Frank, The Place ofthe Expert in a Democratic Society 1 True, no man can be wholly apart from his fellows. But, if each of us is a promontory, yet the promontory reaches out beyond the social mainland to a point where others cannot intrude. ... It is a no-other-man's land, for others can't penetrate it, can't communicate with it. Jerome Frank, Judge Learned Hand1 Introduction On my summer vacation, I chanced upon the novel Foe by the South African writer 3 J.M. Coetzee. Foe is a modern reworking of Daniel Defoe's Robinson Crusoe. In this modern retelling, Coetzee presents the story of the relation of author and subject, not the story of the adventures of a shipwrecked Englishman. In Foe, the authorial voice is that of Susan Barton, a castaway who ended up on the same island as Cruso and Friday. She, Cruso and Friday are "rescued" and taken by ship to England. En route, Cruso dies. Once in London, Susan Barton takes her story of Cruso and Friday to Daniel Foe, and finds that his interest is more in the story of her life and less in the story of Cruso 's adventures. Foe, chased by creditors, flees his house, into which Barton and Friday move. Barton later leaves, searching for Foe, whom she finally tracks down. Confronting Foe, 4 she says, "I am not a story, Mr.
    [Show full text]
  • Nysba Fall 2020 | Vol
    NYSBA FALL 2020 | VOL. 25 | NO. 3 NYLitigator A Journal of the Commercial & Federal Litigation Section of the New York State Bar Association Inside n Protecting Privilege in Cyberspace, the Age of COVID-19 and Beyond n The Parameters of Electronic Communication Discovery by Foreign Litigants n The Federal Procedure Committee Report: The Fifth Amendment Privilege ...and more Commercial and Federal Litigation Section OFFICERS Delegates to the The NYLitigator House of Delegates: Chair Editor Gregory K. Arenson Jonathan B. Fellows Orna Artal Kaplan Fox & Kilsheimer LLP Bond, Schoeneck Ramos & Artal LLC 850 3rd Ave, Ste 1400 & King, PLLC 535 5th Ave, Fl 4 New York, NY 10022 1 Lincoln Ctr New York, NY 10017 [email protected] Syracuse, NY 13202 [email protected] [email protected] Robert N. Holtzman Deputy Editor Kramer Levin Naftalis Chair-Elect & Frankel LLP Joam Alisme, Esq. Daniel K. Wiig 1177 Avenue Of The Americas Alisme Law LLC NYC Housing Authority New York, NY 10036 195 Montague St, Fl 14 90 Church St [email protected] Brooklyn, NY 11201 New York, NY 10007 [email protected] [email protected] Paul D. Sarkozi Tannenbaum Helpern Vice-Chair Syracuse & Hirschtritt LLP Ignatius A. Grande 900 3rd Ave Former Chairs Berkeley Research Group LLC New York, NY 10022 810 7th Ave, Ste 4100 [email protected] Laurel Kretzing Lauren J. Wachtler New York, NY 10019 Robert L. Haig Stephen P. Younger [email protected] Alternate Delegate to the Michael A. Cooper Lesley F. Rosenthal House of Delegates Shira A. Scheindlin Carrie H. Cohen Secretary Laurel R. Kretzing Harry P.
    [Show full text]
  • Government Lawyer by Barbara A
    StanfordLawyer Fall/Winter 1978 Volume 13, No.2 Editor: Cheryl W. Ritchie Graphic Designer: Carol Hilk-Kummer 1 Dean's Page 2 The Role of the Government Lawyer by Barbara A. Babcock, Assistant Attorney General, U.S. Department of Justice, Civil Division, and Professor of Law, Stanford Law School 6 Gerald Gunther: Reflections on a Relationship With His Native Germany by David Margolick 77 13 Stanford's Teaching Fellows: Helping Students Master the Language of the Law 16 Impressions of a First-Year Student Drawings by Piotr S. Gorecki 18 Alumni Weekend: November 3-4, 1978 21 Hug vs. Shell Oil: How One Man Beat the Computer 22 School and Faculty News 27 Class Notes Stanford Lawyer is published semi-annually for alumni and friends of Stanford Law School. Materials for publication and correspondence are welcome and should be sent to the Editor, Stanford Lawyer, Stanford Law School, Stanford, CA 94305. Dean's Page portion of this issue of the Stan­ and client counseling competitions at the ford Lawyer recounts the activi­ School; many work for the School's Law A ties of Alumni Weekend, held Fund as Inner Quad or Quad volunteers, this year on November 3 and 4 in con- or as class agents; and perhaps most im­ junction with the Stanford-USC game. It portantly, a large number demonstrate was our most successful alumni gather­ their support through the placement pro­ ing yet. Some 325 people attended the gram by representing their firms during Friday night banquet and over 250 alum­ the School's interview season. Clearly, ni/ae attended their class reunion dinners alumnilae participation in the affairs of on Saturday night.
    [Show full text]
  • Some Reflections on Judge Learned Hand*
    SOME REFLECTIONS ON JUDGE LEARNED HAND* JEom N. FRANK I WAS ASKED, originally, to speak of Great Judges. I objected. What, I queried, does one mean by "great"? I remembered my dispute with Professor Thorne and Justice Frankfurter about Lord Coke, once Chief Justice of England. I said Coke was a nasty, narrow-minded, greedy, cruel, arrogant, insensitive man, a time-serving politician and a liar who, by his adulation of some crabbed medieval legal doctrines, had retarded English and American legal development for centuries.1 Thorne and Frankfurter replied that I proved their case, that the duration of his influence, no matter whether good or bad, made him a great judge. I think I lost that argument. But if that be the test, then we must put on our list of "greats" such men as Attila, Robespierre, and Hitler, although most of us consider them evil. And so too as to the great among legal thinkers, lawyers, and judges. Consider Tribonian who contributed importantly to the Justinian codification of Roman law which mightily affected the legal systems of the western world. Who was Tribonian? A brilliant scholar but a corrupt judge. I concede, indeed I insist, that great men, good or evil, have often helped to shape history. Carlyle's theory of history-that all history results from the deeds or thoughts of great men-is nonsense, of course. But I think equally nonsensical what I call the No-Man Theory of history, according to which men are but puppets of "social forces," or economics, or geography, or the "spirit of the times"-in short, non-human or un-individual factors which wholly account, deterministically, for all human events.
    [Show full text]
  • Gerald Gunther
    GERALD GUNTHER 26 may 1927 . 30 july 2002 PROCEEDINGS OF THE AMERICAN PHILOSOPHICAL SOCIETY VOL. 148, NO. 4, DECEMBER 2004 biographical memoirs ERALD GUNTHER had one of the greatest careers in G American constitutional law in the second half of the twenti- eth century. Many thousands of American lawyers first en- countered the complexities of the Constitution in Gunther’s widely adopted casebook, which carries the simple title Constitutional Law (at the time of his death, it was in its fourteenth edition, then co- authored with Kathleen Sullivan). The casebook places constitutional issues and Supreme Court decisions in a context that is historical and philosophical as well as legal. His scholarly standards were exacting and his overall approach to the law subtle and humanistic, learned, re- flective, and skeptical. His casebook gives the reader Gerald Gunther’s own sense that the law is a worthy subject matter, to be taken seriously. On 21 April 1995, Professor Gunther read a paper before the American Philosophical Society, “Judge Learned Hand: The Choices and Satisfactions of a Biographer.” Gunther had spent more than twenty years on his exhaustive biography of the most distinguished lower court judge in American history. The book was published, to wide acclaim, in 1994. In the paper he delivered at Philadelphia, Gunther stressed the qualities of Learned Hand: “disinterestedness, non-dogmatic evenhandedness, incessant skeptical probing.” These were also Gunther’s qualities. One of Gunther’s favorite passages from Learned Hand was the remarks the judge made upon receiving an honorary degree from Har- vard: “I am thinking of what the scholar imposes upon himself; better, perhaps, of what he may fail to impose upon himself; of those abnega- tions which are the condition of his preserving the serenity in which alone he can work; I am thinking of an aloofness from burning issues, which is hard for generous and passionate natures, but without which they almost inevitably become advocates, agitators, crusaders, and propagandists.
    [Show full text]
  • Philosophical Issues in Contemporary Law F
    Notre Dame Law School NDLScholarship Natural Law Forum 1-1-1957 Philosophical Issues in Contemporary Law F. S. C. Northrop Follow this and additional works at: http://scholarship.law.nd.edu/nd_naturallaw_forum Part of the Law Commons Recommended Citation Northrop, F. S. C., "Philosophical Issues in Contemporary Law" (1957). Natural Law Forum. Paper 18. http://scholarship.law.nd.edu/nd_naturallaw_forum/18 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Natural Law Forum by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. PHILOSOPHICAL ISSUES IN CONTEMPORARY LAW* F. S. C. Northrop PHILOSOPHY is the name for the basic methodological and theoretical assump- tions of a subject. Since every science uses some method of investigation and any scientist who reports facts to his colleagues must express these facts in words and, hence, introduce concepts and theory, it follows that any science whatever is also a philosophy. When no facts arise, however, to bring the traditional theory or methods of a subject into question, its problems are not philosophical. Then to be a scientist one need not also be a philosopher. Mathematics and physics were in such a state during the two hundred years following the publication of Newton's Principia in 1686. American law thought it was in a similar condition when, following Langdell, it introduced the case method and identified its science with the empirical study of cases. But whenever facts arise in any subject which bring its traditional theory or methods into question, at that moment its problems become philosophical.
    [Show full text]
  • Connecticut Law Review
    CONNECTICUT LAW REVIEW VOLUME 36 SUMMER 2004 NUMBER 4 An Open Discussion with Justice Ruth Bader Ginsburg On March 12, 2004, the University of Connecticut School of Law welcomed Associate Justice Ruth Bader Ginsburg, of the Supreme Court of the United States, to campus as the Day, Berry & Howard Foundation Visiting Scholar. As part of her visit, Justice Ginsburg gave some brief remarks on "The Lighter Side of Life at the Court" to an assembled gathering and then participated in a question-and-answer session moderated by Professor Paul Schiff Berman, who clerked for Justice Ginsburg during the 1997-98 term. Pro- fessor Berman gathered the questions in advance from stu- dents and faculty members, but Justice Ginsburg was not given the questions before the session. What follows is the text of Justice Ginsburg'sprepared remarks, followed by an edited transcriptof the question-and-answersession. Justice Ginsburg: Thank you. I appreciate the most hearty welcome I have received here, and am glad to devote most of this hour to a conversation with you based on the questions Paul has gathered. As a lead into that conversation, I will speak not of the heavy work of the U.S. Supreme Court, but of some things less grave--customs that promote collegiality among the nine Justices, and the lighter side of life in our Marble Palace. Before each Court day begins and before each of our conference dis- cussions, as we enter the robing room or the conference room, we shake 1034 CONNECTICUT LAW REVIEW [Vol. 36:1033 hands, each Justice with every other.
    [Show full text]
  • Text-Media Issues in Promulgating, Archiving, and Using Judicial Opinions
    FROM PENS TO PIXELS: TEXT-MEDIA ISSUES IN PROMULGATING, ARCHIVING, AND USING JUDICIAL OPINIONS Kenneth H. Ryesky* I. INTRODUCTION The American judicial system, like the British system on which it is based, relies on precedent and therefore requires the availability of prior judicial opinions in order to function.' Whether judicial opinions are the law, or merely evidence of the law, or some hybrid of the two,2 text media are inextricably entwined with adjudicating the law in America.' * Attorney at Law, East Northport, N.Y., and Adjunct Assistant Professor, Department of Accounting and Information Systems, Queens College CUNY; B.B.A. Temple University, M.B.A. La Salle University, J.D. Temple University, M.L.S. Queens College CUNY. 1. See e.g. I William Blackstone, Commentaries (1765) (facsimile reprint, U. Chi. Press 1979): The decisions therefore of courts are held in the highest regard, and are not only preserved as authentic records in the treasuries of the several courts, but are handed out to public view in the numerous volumes of reports which furnish the lawyer's library. These reports are histories of the several cases, with a short summary of the proceedings, which are preserved at large in the record; the arguments on both sides; and the reasons the court gave for their judgment. Id. at 71; also available at <http://www.yale.edu/lawweb/avalon/blackstone/introa.htm#3> (accessible by using a web browser's search function to locate the words "authentic records" at this URL) (accessed Dec. 12, 2002; copy on file with Journal of Appellate Practice and Process) 2.
    [Show full text]
  • A TALE of TWO HANDS: One Clapping; One Not
    A TALE OF TWO HANDS: One Clapping; One Not Burt Neuborne* My thanks to the editors of the Arizona State Law Journal for organizing this symposium celebrating the 100th anniversary of Judge Learned Hand’s brilliant and courageous, if unsuccessful, effort in Masses Publishing Co. v. Patten1 to slow down the repressive train that was running amok over Americans who vigorously spoke out against America’s entry into World War I. While many have chronicled the major Supreme Court cases from Schenck to Gitlow failing to protect free speech during and after World War I,2 they usually don’t go beneath the surface of the Supreme Court to plumb the massive wave of repression that swept the nation in the summer and fall of 1917, fanned by jingoism, fear of immigrants, war fever, fear of communism, and President Woodrow Wilson’s streak of fanaticism.3 Convinced that he was doing God’s work in committing the nation to a war to make the world safe for democracy, Wilson, a baffling figure who was an appalling racist, an economic reformer, an idealistic internationalist, and the first President to appoint a Jew to the Supreme Court,4 had no qualms about * Norman Dorsen Professor in Civil Liberties, New York University School of Law. I’m sorry that we lost my longtime friend and colleague, Norman Dorsen, who died on July 1, 2017, before he had a chance to join in the festivities. Much of what I say in this essay emerged from almost fifty years of conversations with Norman. We would have enjoyed writing this one together.
    [Show full text]
  • Twelve Letters from Arthur L. Corbin to Robert Braucher Annotated Joseph Perillo Fordham University School of Law
    Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 1993 Twelve Letters from Arthur L. Corbin to Robert Braucher Annotated Joseph Perillo Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Law Commons Recommended Citation Joseph Perillo, Twelve Letters from Arthur L. Corbin to Robert Braucher Annotated, 50 Wash. & Lee L. Rev. 755 (1993) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/785 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. TWELVE LETTERS FROM ARTHUR L. CORBIN TO ROBERT BRAUCHER ANNOTATED JOSEPH M. PERILLO* In 1964 the Yale Law Journal published a bibliography of Professor Arthur Corbin's publications.' The bibliography quotes a letter from Arthur Corbin to a Yale Law Journal editor2 in which Corbin states that he had written a "'one man revision' of the first Restatement of Contracts, which he sent in hand-written form to Judge Herbert Goodrich, then Director of the American Law Institute. Corbin said that Judge Goodrich "had each such installment typewritten and multigraphed for the use by the revision reporter and his committee and perhaps by others." 3 Diligent search by law librarians has failed to locate a copy of this revision of the Restatement by Corbin in any law library.
    [Show full text]
  • The Law Is a Fractal: the Attempt to Anticipate Everything Andrew Morrison Stumpff University of Michigan Law School
    Loyola University Chicago Law Journal Volume 44 Article 2 Issue 3 2013 Spring 2013 The Law is a Fractal: The Attempt to Anticipate Everything Andrew Morrison Stumpff University of Michigan Law School Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Law Commons Recommended Citation Andrew M. Stumpff, The Law is a Fractal: The Attempt to Anticipate Everything, 44 Loy. U. Chi. L. J. 649 (2013). Available at: http://lawecommons.luc.edu/luclj/vol44/iss3/2 This Colloquium Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. 2_STUMPFF 3/9/2013 1:32 PM The Law is a Fractal: The Attempt to Anticipate Everything Andrew Morrison Stumpff*© 2013 INTRODUCTION “And they say he’s a skillful commander,” rejoined Pierre. “I don’t understand what is meant by ‘a skillful commander,’” replied Prince André ironically. “A skillful commander?” replied Pierre. “Why, one who foresees all contingencies . and foresees the adversary’s intentions.” “But that’s impossible,” said Prince André as if it were a matter settled long ago. – Leo Tolstoy, War and Peace, 1869 No man is so wise as to be able to take account of every single case, wherefore he is not able sufficiently to express in words all those things that are suitable for the end he has in view. And even if a lawgiver were able to take all the cases into consideration, he ought not to mention them all in order to avoid confusion.
    [Show full text]