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A Collection of Law Student Notebooks Karen S Boston College Law School Digital Commons @ Boston College Law School Rare Book Room Exhibition Programs Daniel R. Coquillette Rare Book Room 9-1-1999 Notable Notes: A Collection of Law Student Notebooks Karen S. Beck Boston College Law School Ann McDonald Boston College Law School Follow this and additional works at: http://lawdigitalcommons.bc.edu/rbr_exhibit_programs Part of the Archival Science Commons, Legal Commons, Legal Education Commons, Legal History, Theory and Process Commons, and the Legal Profession Commons Digital Commons Citation Beck, Karen S. and McDonald, Ann, "Notable Notes: A Collection of Law Student Notebooks" (1999). Rare Book Room Exhibition Programs. Paper 12. http://lawdigitalcommons.bc.edu/rbr_exhibit_programs/12 This Article is brought to you for free and open access by the Daniel R. Coquillette Rare Book Room at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Rare Book Room Exhibition Programs by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. l{otnble NIotes A Collection of Law Student Notebooks Whether painstakingly copied into an exquisite leather volume, scribbled onto lined tablets, or tapped into a laptop computer, class notes and the notetaking process have always played a significant role in the education and learning process of American law students. Although law student notebooks of today have much in common with the notebooks ofthe past two centuries, they nevertheless reflect the changes that have occurred in our law schools over the years. As such, they are valuable original resources for librarians and other scholars who collect, preserve, and study the history of Ameri- can legal education. They provide a microscopic view of the state of legal education and the law itself, as seen through the eyes of a single law student at a particular moment in time. When studied in conjunction with other sources, they bring us one step closer to understanding our legal history. As legal education in America has evolved over the past two centuries, so has the process ofnotetaking and the content, arrangement, and purpose oflaw student note- books. Likewise, to the extent that the process of legal education has remained the same over time, student notebooks of yesteryear have much in common with the computerized class notes oftoday. keceytiln with Lynne remyleton srickley The Boston College Law Library extends its warmest thanks to Lynne Templeton Brickley Enrly rnfluences oyL for providing remarks about the exhibit to the deans and faculty of the Law School, members of the Law Library staff, and invited guests at a reception on December 2, 1999. L Ãuc Lynne Templeton Brickley graduated from Sarah Lawrence College and received her Americ øn eúøI r øtion Master's and Doctorate degrees from the Harvard Graduate School of Education. While study- ing for her Doctorate, she served on the board of t}l'e Haruard Education Reui.e,w. She wrote her doctoral dissertation on Sarah Pierce's Litchfield Female Academy, which coexisted with the Until the first American law schools were founded in the late eighteenth century, young Litchfield Law School around the turn of the nineteenth century. men who wished to become lawyers studied at the Inns of Court in England or, more often, apprenticed themselves to established American lawyers. Even through the first half of the research Female Academy Ms. Brickley continued her on the Litchfreld by working as the nineteenth century, the law offrce apprenticeship \ryas a common route to gaining entry to Project Historian for a 1993 exhibition about the Academy produced by the Litchfield Historical the profession. Society. Entitled "To Ornament Their Mirrds," this exhibition was funded in large parb by the National Endowment for the Humanities and won an Award of Merit from the American Apprentices were expected to work in the law office copying writs and other documents, Association for State and Local History. assist with minor legal matters, and observe their masters in court and legal society. They were expected to learn the law by reading classic legal works in their masters'libraries. For the past five years, Ms. Brickley has traveled up and down the east coast as the Project Historian for another Litchfield Historical Society exhibition, researching the history of the Lists of frequently assigned and commonly read works abound; the two mainstays on the Litchfield Law School. Entitled'"The Noblest Study: The Legacy of America's First School of lists were Cohe Upon Littleton and, after around 1?70, Blackstone's Commentaries. The Law," this exhibition recreates the life of a Litchfield Law School student in the early nineteenth former seems to have caused unbounded misery among law clerks while the latter was century. It won a rWilbu¡ Cross award from the Connecticut Humanities Council for the best generally praised. On Coke, apprentice and future Supreme Court Justice Joseph Story humanities project in the state. wrote in 1798 that "I confess my heart sunk within me. You may judge how I was surprised and startled on opening lCol¿el where nothing \¡/as presented but dry and techni- relocating permanently to almost three years ago, Ms. Brickley made Until Litchfreld her cal principles, . and the repulsive and almost unintelligible forms of processes and plead- home in Boston, where her husband Richard Brickley practiced law as a member of Brickley, ings. , . I took lCohel up, and after trying it day after day with very little success I set Sears, & Sorett. Ms. Brickley is a Past President of the Litchfield Historical Society and now myself down and wept bitterly. ." serves on its Board. By contrast, law office apprentice James Iredell wrote his father in 1771, requesting that he procure for him a personal copy of the Commentaries because "it is proper I should read The exhibit was produced by members of the Rare Books Exhibit Committee Karen S. - them frequently and with great attention. They are books admirably calculated for a young Beck, Mary Sarah Bilder, Ann McDonald, Sharon Hamby O'Connor, and Joan Shear. Much of student, and indeed, may interest the most learned. The principles are deduced from the text for this exhibit was adapted from Karen S. Beck, "One Step at a Time: The Research their source, and we are not only taught in the clearest manner the general rules of law, but Value of Law Student Notebooks," 9I Law Library Journal29-138 (1999). The catalog was the reasons upon which they are founded." Adopting a decidedly less elevated tone, New created by Ann McDonald. York merchant John Watts wrote admiringly of Blackstone in 1?62 that "[w]e have a high Character of a Professor at Oxford, who they say has The Committee would like to thank the following people and institutions who generously lent brought that Mysterious Business [the study of lawl to some System, besides System items for the extribit: Professor Daniel R. Coquillette of Boston College Law School; David the of Confounding other People & picking their Pockets, which most of the Profession pretty Warrington and David Ferris of the Harvard Law School Librarjs Special Collections Depart- understand well. ." ment; Catherine Keene Fields of the Litchfield Historical Society; and Morris Cohen, Bonnie Collier, Harvey Hull, and Blair Kauffman of the Yale Law School Lillia¡r Goldman Library. 'Wu,u¡lvt Sm, Eoweno Coxn Blecrsto¡rp Tru Flnsr Panr or um lxstlrtnns oF rrm Lews or ENIcTaND; oR, A CoMMoÀruARy Upor.l CoMIvroNrARrES oN TrrE LAVfs oF ENGTaND. Lrmlprox: Nor rrrE NAME oF TIIE AtrrrroR oNLy, Btrr oF TrrE r,Aw ITSELF. Oxford: Clarendon Press, 17 65-L7 69. 4 volumes. 1st American ed., from the 16th European ed. Philadelphia: Johnson and Warner, and By the 1760s, Blackstone had begun to worry about the circulation of illegal copies of his Samuel R. Fisher, Jr., 1812. 3 volumes. lectures, much as Tapping Reeve and James Gould did some fifty years later. Blackstone noted that lectures, their nature imperfect, if not erroneous . have fallen into merce- In the mid-eighteenth century, Coke's First Institute, more popularly known as Coke "in nary hands, and become published upon Littleton, was the popular legal text of the day in England and the colonies. "Littleton" the object of clandestine sale." Thus in 1765, Blackstone the volume of the Commentari¿s. Three followed referred to a fifteenth-century text on land law known as the Tenures, written by Thomas first volumes in 1766, 1768, and 1769. The four volumes that are exhibited are Littleton. In 1628, Edward Coke had taken this backbone of property law and added an here from the original first edition. extensive series of glosses. Cohe upon Littleton was not easy to understand. Daniel Webster lWithin these four volumes lay a great intellectual effort. Rather than produce yet another wrote, "A boy of twenty, with no previous knowledge of such subjects, cannot understand gloss to the already convoluted Coke Upon Littleton, Blackstone organized the substantive Coke. It is folly to set him upon such an author." areas of the common law within the theoretical structure of Roman civil law analysis. English A¡,IoNYMous common law suddenly became rational, coherent, systematic, deductive, based on principles and, perhaps most importantly, eminently readable by lawyers and laypeople Aw TrrE ENcr"AND. AN¡rvsrs oF Laws oF alike. - To which is prefixed an introductory Discourse on the study of law. Oxford, Printed at the Jon¡¡ Wnuno Broo'onn, D. 1866. Clarendon Press, 1759. 4th ed. Law sruonNr's NorDS, 1864-1865. A¡ounrrous l volume. On loan courtesy of the Haruørd Løw School Library. Lncrunn Norps FRoM'WTLLTAM Br"acKSToNE's Law Lpur.rnns AT OxFoRD. This notebook contains Bickford's notes before and while a student at Harvard Law 4 volumes holograph notes, bound in vellum, 1764-L766.
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