• Abstract and Figures
• Public Full-text

Advisory Board Alan L. Wilkins, chair James P. Bell Donna Lee Bowen Douglas M. Chabries Doris R. Dant Randall L. Hall Editor in Chief John W. Welch Church History Board Richard Bennett, chair 19th-century history Brian Q. Cannon 20th-century history Kathryn Daynes 19th-century history Gerrit J. Dirkmaat Joseph Smith, 19th-century Mormonism Steven C. Harper documents Frederick G. Williams cultural history Liberal Arts and Sciences Board Eric Eliason, chair English, folklore Barry R. Bickmore geochemistry David C. Dollahite faith and family life Susan Howe English, poetry, drama Neal Kramer early British literature, Mormon studies Steven C. Walker Christian literature Reviews Board Eric Eliason co-chair John M. Murphy co-chair Angela Hallstrom literature Greg Hansen music Emily Jensen new media Trevor Alvord new media Megan Sanborn Jones theater and media arts Herman du Toit art, museums Specialists Involving Readers Casualene Meyer poetry editor in the Latter-day Saint Thomas R. Wells Academic Experience photography editor STUDIES QUARTERLY BYU Vol. 52 • No. 4 • 2013 ARTICLES 4 Loyal Opposition: Ernest L. Wilkinson’s Role in Founding the BYU Law School Galen L. Fletcher 49 What Happened to My Bell-Bottoms? How Things That Were Never Going to Change Have Sometimes Changed Anyway, and How Studying History Can Help Us Make Sense of It All Craig Harline 77 Revisiting the Seven Lineages of the Book of Mormon and the Seven Tribes of Mesoamerica Diane E. Wirth 89 Benemérito de las Américas: The Beginning of a Unique Church School in Mexico Barbara E. Morgan 117 “My God, My God, Why Hast Thou Forsaken Me?”: Psalm 22 and the Mission of Christ Shon Hopkin REVIEW ESSAY 152 Likening in the Book of Mormon: A Look at Joseph M. Spencer’s An Other Testament: On Typology Alan Goff REVIEWS 163 The Weir Family, 1820–1920: Expanding the Traditions of American Art edited by Marian Wardle Reviewed by Herman du Toit 166 Rube Goldberg Machines: Essays in Mormon Theology by Adam S. Miller Reviewed By Thomas F. Rogers 171 Dark Mirrors: Azazel and Satanael in Early Jewish Demonology by Andrei A. Orlov Reviewed by David J. Larsen 176 Premarital Sex in America: How Young Americans Meet, Mate, and Think about Marrying by Mark Regnerus and Jeremy Uecker Sex and the Soul: Juggling Sexuality, Spirituality, Romance, and Religion on America’s College Campuses by Donna Freitas Reviewed by Brian J. Willoughby 181 Matched; Crossed; and Reached by Ally Condie Reviewed by William Morris 185 Banishing the Cross: The Emergence of a Mormon Taboo by Michael G. Reed Reviewed by Alonzo L. Gaskill 188 Suffrage by Jenifer Nii, directed by Cheryl Ann Cluff Reviewed by Melissa Leilani Larson NOTICES 190 The Viper on the Hearth, updated edition Shifting Borders and a Tattered Passport: Intellectual Journeys of a Mormon Academic Bust of Ernest L. Wilkinson, in the J. Reuben Clark Law School building, sculpted in 1982 by Blair Buswell. Photo by Matthew Imbler. Loyal Opposition Ernest L. Wilkinson’s Role in Founding the BYU Law School Galen L. Fletcher he successful founding of the J. Reuben Clark Law School at Brigham TYoung University in Provo, Utah, is usually told as the story of three Mormon lawyers: Dallin H. Oaks, Rex E. Lee, and Carl S. Hawkins.1 All three were former clerks to U.S. Supreme Court justices and possessed national reputations in the American legal profession. Oaks was a Uni- versity of Chicago law professor when asked to be BYU president and start the Law School in 1971.2 Lee and Hawkins were the Law School’s first two deans.3 All three individuals were crucial to the success of the Law School’s beginning and eventual role in facilitating the significant outmigration of LDS lawyers throughout America and the world. They shared the “aspiration that not only would the school be a faithful Mor- mon institution that competently provided legal education, but that it would also be recognized by the American bench, bar, and academy as outstanding by conventional standards.”4 This article is the story of afourth outmigrant5 Mormon lawyer, one who spent a year and a half in the early 1970s helping to start and hop- ing to lead a law school at Brigham Young University. He lost the fight to direct the law school, yet remained loyal to the university, the law school, and BYU’s sponsoring organization, The Church of Jesus Christ of Latter-day Saints. The attorney is Ernest L. Wilkinson, best known for being the president of Brigham Young University for twenty years (1951– 1971), but not as well known for his role as catalyst for the existence of the J. Reuben Clark Law School. This article discusses the first mention in Wilkinson’s papers of a law school at BYU, Wilkinson’s work behind the scenes for a year to start it, and his important contributions to the BYU Studies Quarterly 52, no. 4 (213) 5 Galen L. Fletcher I’ve been interested in the unique mis- sion and purposes of the BYU Law School for over half of its existence, as a student or an employee. This article grows out of my experience watch- ing how each individual connected to the school contributes to its collective mission and how God uses each of us to create the whole. On the first day of the BYU Law School in August 1973, the charter class heard three different views on the school’s purpose and mission. First, former BYU President Wilkinson shared his views on the political necessity of studying the constitution. Then, the current BYU President, Dallin H. Oaks, spoke of excellence of mind and character, hard work, and learning the rule of law, before he added, “The special mission of this law school and its graduates will unfold in time.” Finally, Marion G. Romney, as the Second Counselor in the LDS First Presidency, counseled the new students to “obtain a knowledge of the laws of man in light of the laws of God.” For the past four decades, the BYU Law School has continued to navigate among divergent views of the law through the lens of politics, the lens of work and professional excellence, or the lens of spiritual conviction. Ernest Wilkinson came up with the idea of a Mormon law school, but his “politically flavored model” was quickly set aside by the actual law school founders, who focused on com- petence and faithfulness. Despite his disappointment, Wilkinson stayed loyal to the Church, university, and law school, even though he did not get to personally build on his great idea. In doing so, he exemplified the famous observation by the namesake for the BYU Law School, J. Reuben Clark Jr., “In the service of the Lord, it is not where you serve but how.” Loyal Opposition V 7 Acting dean Carl S. Hawkins at the J. Reuben Clark Jr. in Salt Lake City, dedication of the BYU Law School January 19, 1960. Photo by Ralph Clark building on September 5, 1975. From for Lorin F. Wheelwright. This photo Dedication: To Justice, to Excellence, to hangs in the Moot Court Room of the Responsibility (1975), page [24]. J. Reuben Clark Law School. Courtesy Perry Special Collections, BYU. Law School’s early foundation before Oaks, Lee, and Hawkins entered the picture. This article uses Wilkinson’s diaries and personal papers6 to tell the story of the J. Reuben Clark7 Law School founding prior to its March 9, 1971, public announcement, with an emphasis on contribu- tions by Wilkinson which are not generally known or mentioned in most BYU Law School histories. Wilkinson before 1970 Ernest L. Wilkinson’s background uniquely positioned him as a cata- lyst for the Law School’s start. Known for his industrious work ethic, Wilkinson was born in 1899; grew up in Ogden, Utah; was student body president at Weber Academy in 1917–18; and was on the debate team at Brigham Young University. Later, he migrated east, where he graduated summa cum laude from George Washington Law School and earned an advanced law degree from Harvard Law School in 1927. He then worked full time in a downtown New York City law firm headed by future U.S. Supreme Court Chief Justice Charles Evan Hughes while simultane- ously teaching classes five nights a week at the nation’s then-largest law school, the predecessor to Rutgers Law School in Newark, New Jersey. 8 v BYU Studies Quarterly Family portrait of Ernest L. and Alice Wilkinson at the time he became BYU Presi- dent in 1951. Left to right: Alice, Marian, Alice Ann, Douglas (in front), Ernest Lud- low (E. L.), David, and Ernest. Photo by Glogau Studio, Washington, D.C. Courtesy Perry Special Collections, BYU. Wilkinson’s Sundays were also busy as he served as a local LDS Church leader in Manhattan and then Queens, New York. In 1935, he moved his family to Washington, D.C., where he was a law partner, then law firm founder successfully handling Indian law and other cases for many years. He gained experience working with various federal agencies, pushed to create the Indian Claims Commission, and in the late 1940s personally made over a million dollars in a set of cases involving reparations to the Ute Indians by the federal government. His church service continued as he served in the Washington, D.C., stake presidency and used his legal talents pro bono to help the LDS Church in its interactions with govern- ment regulations, particularly during World War II.8 From 1951 to 1971, Wilkinson was president of the LDS Church– sponsored Brigham Young University. His BYU presidential years coin- cided with David O.

Load more

  192

Copy Link