Series: 852 RARE • Et. Seq: The Harvard Law School Library Blog

852 RARE: From Paper Plates to Sticky Notes, Documenting Student Activism

Historical & Special Collections (HSC) has been working hard since the spring of 2016 to collect material that helps tell the story of student life at Harvard Law School (HLS), most recently in the form of the HLS Community Capture Project. Given our focus on archiving student action, it was very exciting to find a nondescript, cardboard box tucked away in the Library’s art office, contained objects from a student protest in 1987.

On the front of the box scribbled in pencil were notes made by Bernice Loss, the School’s first art curator. Loss, a trained artist (and spouse of HLS faculty member Louis Loss) started to look after the School’s art collection in the early 1970s. In 1977, she was named the first HLS art director, later becoming the curator of the art collection and a member of the Library’s Special Collections Department (created in 1985). Loss’ inscription reads: 1987 / Paper Plate Faces / (To protest too many male faces in collection). Inside are more than 50 papers plates with images and slogans written in marker meant to highlight the larger number of white, male portraits and the lack of women and professors of color. According to Loss’ notes, these plates were placed in the hallways of Austin Hall, on books in the Austin Hall north classroom; on the frames of pictures in Langdell Hall; as well as a few other locations on campus.

Piece of paper and 4 plates

A sign and examples of the paper plates recently rediscovered.
Harvard Law School Library, Historical & Special Collections

During her tenure, Loss worked to diversify the portrait collection, overseeing the acquisition of portraits of women and people of color including Judge Ruth Abrams (LL.B. 1956), Florence Allen, Clarence Clyde Ferguson, and George Lewis Ruffin (LL.B. 1869). However, then as now, the collection was predominantly made up of portraits of white men.

Like the notes students placed “beside portraits of black faculty, expressing appreciation for their pedagogy, scholarship, and character” in response to the vandalism of photographs of Black faculty members (and later archived by HSC), these paper plates are extremely ephemeral, making it all the more exciting that they have survived more than 30 years. They also raise interesting questions regarding their storage and preservation, as well as the ethics of collecting student protest material. Did students consider what would happen to the plates after they put them up? Were they involved in the transfer of material to the Library? How does one care for paper objects that are more 3-D than flat?

The plates and their accompanying material will now be formally accessioned and made available to anyone who would like to see them.

If you were a student involved in this protest, we would love to hear from you and learn more about this action and how the HLS community responded.

852 Rare: Feud in Wiltshire

This is the third in a series of five blogs about Historical & Special Collections’ English Manor Rolls (1305-1770). HSC was honored to have Eleanor GoerssPforzheimer Fellow ’17, with us last summer to perform research on and enhance description of this internationally-important collection, including authoring these posts. Stay tuned for more of what you’ll find, often unexpectedly, in this collection.

 

Here’s what a fourteenth-century English feud looks like, pieced together from court manor records. Warning: it involves blood.

Great Wishford, Wiltshire, Folder 162, Membrane HH (June, 1374)

Great Wishford, Wiltshire, Folder 162, Membrane HH (June, 1374)

The first entry in the section of the roll pictured above says that Gonne Brighamton, “unjustly and against the peace, drew blood from Margaret Conperes” [Gonne Brighamton iniuste et contra pacem traxit sanguinem de Margareta] and was fined four pence for it. In the next entry Walter Conperes and his wife Margaret bring a complaint against Gonne Brighamton for trespassing, saying that “she assaulted the said Margaret, who was beaten and badly handled against the peace, to damages of 50 s.” Gonne was fined three pence.

But we quickly learn that Margaret was not exactly a passive victim. The next two entries say: first, Margaret drew blood from the Gonne, and second that Margaret was fined for trespassing against Gonne, beating her and handling her badly, also for damages of 50 shillings.

In other words, Margaret and Gonne settled their bloody fight in court, loudly letting everyone know about it while also paying out a total of fourteen pence to the lord. An out-of-court settlement would have been much cheaper; in fourteenth-century Wiltshire the going rate for a “license of concord,” or permission to let charges drop, was only two pence!

Explore (and watch!) the history of the Ames Moot Court Competition!

The Ames Moot Court competition has been around for over 100 years, and thanks to a lot of hard work from both HLS Library and HLS Communications staff you can now explore that 100+ year history online!

The Ames Moot Court Competition website contains a history of the competition, the judges who have participated over the decades, best oralist and best brief winners, and recordings of many of the competitions dating back to 1974. One of the most exciting outcomes of this project is exposing footage of U.S. Supreme Court justices speaking from the bench—something that we don’t normally have the privilege to experience unless we’re at the Supreme Court in person!

The video below features Deval Patrick (HLS ’82), the former Massachusetts governor who won best oralist that year (skip ahead to 1:23:40 in the video to see him speak!), and a young Howell Jackson (HLS ’82) when he was also a student here. Professor Jackson was on the opposing team, which won best overall brief. The judges that year were Hon. Henry J. Friendly (HLS ’27), U.S. Court of Appeals for The Second Circuit, whose papers are held by Historical & Special Collections; Hon. Patricia Wald, U.S. Court of Appeals for The District of Columbia Circuit; and Hon. Nathaniel Jones, U.S. Court of Appeals for The Sixth Circuit.

852 RARE: Speak, Memory* – Law Student Study Aids, circa 1674

In our occasional series of posts about games in the HLS Library’s Historical & Special Collections, we’ve covered playing cards describing notorious trials and educational flash cards for students of civil law. With exams around the corner, it’s a good time to shine a light on mnemonic devices – centuries-old techniques that aid in learning and retaining information in memory.

We have a beautiful first edition of Johannes Buno’s (1617-1697) work, Memoriale Codicis Iustinianei (1674). It features elaborate fold-out engravings, each corresponding to one of the books in Justinian’s Codex. The Codex is part of the Corpus Juris Civilis, the codification of Roman law ordered early in the 6th century AD by Emperor Justinian I.

Johann Buno, Memoriale Codicis Justinianei (1674), p. 58. HOLLIS no. 4299003.

Johann Buno, Memoriale Codicis Justinianei (1674), p. 58. HOLLIS no. 4299003.

Buno, an educator and theologian, distilled this massive trove of Roman law into a brief 83-page study aid. Taken together, the summaries and the engravings helped students master the contents of the Codex by combining fables, images, and letters. Buno called this the “Emblematische Lehrmethode,” or “Emblematic Teaching Method.” Let’s give it a try.

Here is the engraving that helped students master Book 9 of the Codes, which covers criminal law and procedure.

Johann Buno, Memoriale Codicis Justinianei (1674), Engraving for Book 9, after p. 36. HOLLIS no. 4299003.

Johann Buno, Memoriale Codicis Justinianei (1674), Engraving for Book 9, after p. 36. HOLLIS no. 4299003.

A detail from Buno’s distillation of the text, Title 9.1, “Those who may not accuse,” (Qui accusare non possunt”) is shown here.

Johann Buno, Memoriale Codicis Justinianei (1674), Beginning text for Book 9.1, p.37. HOLLIS no. 4299003.

Johann Buno, Memoriale Codicis Justinianei (1674), Beginning text for Book 9.1, p.37. HOLLIS no. 4299003.

Presumably, a glance at the corresponding image in the upper left of the engraving, shown in detail here, would jog a student’s memory.

Johann Buno, Memoriale Codicis Justinianei (1674), Engraving for Book 9, detail, after p. 36. HOLLIS no. 4299003.

Johann Buno, Memoriale Codicis Justinianei (1674), Engraving for Book 9, detail, after p. 36. HOLLIS no. 4299003.

Or perhaps not. Things may have gotten lost in translation over time. At any rate, it is worth remembering that study aids for law students go back centuries, and that yesterday’s magnificently engraved book is today’s handwritten law student notebookelectronic casebook, or commercial outline. However you learn the law, good luck with your exams!

 

* with apologies to Vladimir Nabokov

 

 

 

 

 

852 RARE: Open for Research: The Papers of Stanley S. Surrey

…I doubt that any person alive today has had as close and as varied a relationship with the Internal Revenue Code as I have had. – Surrey, Unpublished Memoir

Historical & Special Collections is pleased to announce the Stanley S. Surrey Papers are now open to researchers. The material dates from 1913 to 1981, and documents Surrey’s exceptional contributions to tax law both as a public servant and as a professor of law. Considered “a dean of the academic tax bar,”[1] Surrey contributed to the field of tax law in many ways. He served as the Assistant Secretary of the Treasury for Tax Policy during the Kennedy and Johnson Administrations, was an active member of many professional organizations including the American Law Institute, and was a Professor of Law at Harvard for thirty years.

Walter Surrey writing to his son, Stanley, on his appointment as Assistant Secretary of the Treasury. Surrey Papers, box 319, folder 5. Historical & Special Collections, Harvard Law School Library.

Early in his career, Surrey worked as an attorney for the National Recovery Administration (1933-35) and the National Labor Relations Board (1935-37). He then moved on to the U.S. Treasury Department where he worked on the Wartime Revenue Act. After a brief time in the U.S. Naval Reserve (1944-46), Surrey began to teach law at Berkley. It was during his time at Berkley that Surrey became the Chief Reported for the Income Tax Project conducted by the American Law Institute, a project that would last more than a decade. The Income Tax Project resulted in a number of publications addressing issues in the American tax code and have had a lasting influence on tax legislation.

There is a large number of correspondence, drafts, and handwritten notes documenting the American Law Institute Income Tax Project, the Income, Estate and Gift Tax Project and the second Income Tax Project, which Surrey advised on in the 1970s, in the collection. This material demonstrates how tax policy is developed and eventually becomes part of the tax code.

Surrey became a member of Harvard’s Faculty in 1950. As a faculty member he founded Harvard’s Program for International Taxation and served as director of the program from 1953 until 1961 when he was appointed as Assistant Secretary. He later came back to Harvard in 1969. A major portion of the Stanley Surrey Papers is devoted to his time as Assistant Secretary to the Treasury. Surrey kept correspondence, type-written notes, reports and memoranda from his time in the Treasury. He also kept meticulous notes of his daily routine at the Treasury in a professional journal. As Assistant Secretary he also coined the term Tax Expenditure, and was influential in defining the term later in a book co-authored with William C. Warren.

Draft page from “Pathways” on the definition of tax expenditures. Surrey Papers, box 416, folder 8. Historical & Special Collections, Harvard Law School Library.

All of Surrey’s various professional associations from his earliest career as an attorney to his time as the President of the National Tax Association (1979-80), and areas of interest are represented in Surrey’s personal reference files preserved in this collection. Surrey’s extensive personal reference files on issues of national and international taxation contain essays, documents, memoranda, newspaper clippings, notes, printed material, reports, testimony, and material sent to him from colleagues for Surrey’s reference in his function as professor, author, and consultant. This file is evidence of Surrey’s lifelong dedication to improving tax policy in every avenue of his career.

The Stanley S. Surrey Papers open to all researchers. Anyone interested in using the collection should contact Historical & Special Collections to schedule an appointment.

Posted on behalf of Rachel Parker by Edwin Moloy.

 

[1] “Stanley S. Surrey, 74; Taxation Law Expert”. New York Times. August 28, 1984.

Evidence in Ink

One of the pleasures of cataloging, especially of older books and manuscripts, is coming across unexpected traces of earlier times and lives. Scraps of an early manuscript liturgy or an almanac used in a binding; a series of former owners’ signatures vying for attention on a title page; enigmatic annotations in the margins; or even an eighteenth century butcher’s invoice used as a bookmark. All these are examples of evidence of the unique history contained in any single book or manuscript.

But a copy of at least one early canon law book in the collection—an exhaustive work on the Decretales of Pope Gregory IX printed in 1487-1488—bears evidence of a moment before it was even printed.  It also documents, perhaps, the momentary inattention of a worker in the busy Basel print shop of Johannes Amerbach.  Appearing at the bottom right corner of a page in part 1 is the unmistakable smudge of a fifteenth century ink ball.

Detail from part 1, leaf 2b3r of Niccolò,de’ Tudeschi’s Lectura super V libris Decretalium (Basel, Johannes Amerbach, 1488), copy 1 (Ad T256l 488 H12315), Harvard Law School Library.

In the era of hand-operated printing presses leather ink balls, stuffed with wool and attached to a handle, were used to evenly ink the plates prior to printing. It was hard, repetitive work.

By Jost Amman – “Eygentliche Beschreibung aller Stände auff Erden, hoher und nidriger, geistlicher und weltlicher, aller Künsten, Handwercken und Händeln …”, Public Domain, https://commons.wikimedia.org/w/index.php?curid=207246

Of course, having an ink ball come in contact with paper was not standard procedure. Surely it must have been noticed at some point in the printing process. Perhaps the paper was too costly to discard or the pressure to move the job along was too strong. But whatever the reason, we now have a visible reminder of hand press era technology and a moment of distraction almost 530 years ago.

Archiving Student Life: HLS Community Capture Project

This past semester, Historical & Special Collections (HSC) continued its efforts to collect material documenting student life at HLS. These efforts began in Spring 2016 and our commitment to the project has increased since then, thanks in large part to a Harvard Library S.T. Lee Innovation Grant. Student organizations are a vital part of the HLS community and we hope to capture and preserve as much as we can to help document the impact students have on HLS and support your work!

HSC currently holds only a few student organizations’ records, along with a variety of student organization newsletters and event flyers. In order to capture today’s campus activities, we need to think more broadly about collecting student-created material. Today, that broad mindset involves grappling with the vulnerability of digital material. Building relationships with both individuals and the organizations (that means you!) that create digital content is urgent if we hope to help preserve this material for the future.

Harvard Law School Women's History Month calendar, March 1994, HLS Ephemera Collection, box 4, folder 6

Women’s Law Association (WLA) Women’s History Month calendar, March 1994, HLS Ephemera Collection, Box 4, Folder 6

With funding made possible by the S.T. Lee Innovation Grants, Historical & Special Collections is investigating better methods for collecting born digital material from student organizations through the HLS Community Capture Project. A part-time project assistant started working with us in March of this year, which has enabled us to offer flexible meeting times with student organization leaders outside of the traditional 9 to 5. So far, we have talked to close to 30 student leaders about preserving student organization material and have created a LibGuide that brings together much of our existing student-created content. [Read More]

852 RARE: New Exhibit — Kids in the Collection: Prison, Work, and Play

Most of the material in Historical & Special Collections is rooted in the world of adults, but children do make appearances, sometimes in unexpected ways. There are traces of the childhood experiences in HLS faculty papers, school report cards, and letters sent home from camp.

A young Paul Freund wearing a baker’s costume, 1911
Photograph postcard, 13.7 x 8.7 cm
Paul Freund Visual Materials, ca. 1911-1988
Record ID: olvwork368707

Not all is light-hearted, however, as seen in grim broadsides detailing violent crimes where children were the victims; sobering reports of the inner workings of a Massachusetts reform school; and images of toddlers raised in prison by their incarcerated mothers in nineteenth century England. Also showcased is some of the work undertaken by HLS students and faculty on behalf of children and families in Massachusetts and across the United States. The exhibit draws on a variety of media: manuscript collections, printed works, photographs, and children’s art work, dating from the late-eighteenth century through the twentieth century.

Image from The criminal prisons of London and scenes of prison life, by Henry Mayhew and John Binny (London, 1862)

This exhibit was curated by Jane Kelly and Mary Person of Historical & Special Collections. It will be on view in the Caspersen Room from April through July 2017 with online addenda at bit.ly/HSCexhibit.

852 RARE: Learned Hand’s Tailor

Billings Learned Hand (1872-1961): Distinguished alumnus of Harvard College and Harvard Law School. Chief Judge on the Second Circuit Court of Appeals. One of the twentieth century’s most noted jurists …

… and a secret fashionista.

The Harvard Law School Library’s Historical & Special Collections has the papers of Judge Hand. One of our most heavily used collections, it contains a trove of information about law, lawyers, and life in its hundreds of boxes encompassing some 120 feet of material. You might expect to encounter correspondence from famous lawyers, judges, and politicians; legal opinions; and records of Judge Hand’s professional and social activities: it’s all there. But tucked away in Box 57 are three folders of correspondence between him and the staff of Alfred Webb Miles, custom tailors doing business at 12 Brook Street near Savile Row and Hanover Square in the heart of London.

Alfred Webb Miles Trade Card

Alfred Webb Miles & Co. Trade and Measurements Card, Learned Hand Papers, HOLLIS 601605, Box 57, folder 39.

Folder 39 reveals an engaged correspondence from a man who took his tailoring seriously. In these days of fast fashion and online shopping delivered overnight, it’s instructive to learn how men of a particular professional and social class bought their clothes. In response to a 1934 request from Judge Hand, Alfred Webb Miles sent a booklet of styles and several fabric swatches suitable for “light summer woolen suits.”

AWM Fashion Book

Alfred Webb Miles Fashion Book (undated; ca. 1934)

Judge Hand circled model number 2, a straight, single-breasted style, and marked three swatches as his choices number 1, 2, and 3.

AWM Suit Selections

Alfred Webb Miles Suit Selections (ca. 1934)

His chosen fabric is a fine black and white weave with a dashing streak of electric blue running through it:

Fabric Swatch

Learned Hand’s number 1 fabric choice (ca. 1934)

When placing his order in a letter dated May 21, 1934, the 62-year-old judge had, shall we say, a few requests: “The trousers are to be made with cuffs, a straight back, two hip pockets and a small front pocket on the right side of the band; suspender buttons on the outside, but loops for a belt. In the jacket, a ticket pocket inside the right hand side pocket, and two inside breast pockets, as well as one outside.”

Initial Order

Learned Hand’s Initial Order to Alfred Webb Miles & Co., May 21, 1934

Invoice

Alfred Webb Miles Invoice to Learned Hand, June 15, 1934

Sadly, the relationship soured soon thereafter. Hand wrote in a letter dated 1935 (not shown) that a recent suit had arrived with the chest and armholes cut too tightly. He directed the tailors to take note of his measurements on file and cut the next suit jacket with more room.

It was not to be. In a letter dated June 1, 1936, Judge Hand ended his 25-year relationship with Alfred Webb Miles & Co.: “… I particularly asked you this time to give me more room under the arms and to make the coat larger around the chest. Your cutter has apparently paid no attention whatever to these instructions. … There is of course no inducement to have any more made if my orders cannot be better observed.”

Complaint Letter

Letter of complaint from Learned Hand to Alfred Webb Miles & Co., June 1, 1936

While the parties exchanged a couple more cordial letters, it appears that Judge Hand never bought another suit from Alfred Webb Miles & Co. Other folders in the collection show that he did business with London tailors Meyer & Mortimer from 1925-1938, and again from 1941-1951.

This is the fun of archival research: you never know what the next unexpected detour will be. We hope you visit Historical & Special Collections or another archive, and see what hidden treasures you discover!

852 RARE: Guest Blog – Molding the Legal Mind: The Notebooks of Harvard Law Students

Many of us would shudder to imagine a researcher 100 years from now poring over our college lecture notes, scribbled in spiral-bound notebooks or, more likely, typed up in hundreds of sporadically organized .docx files. Historical & Special Collections at the Harvard Law School Library has been doing just that, cataloging a collection of over 250 students’ class notebooks amounting to hundreds of volumes. Dating from approximately 1860 to 1970, the collection represents an era that encompassed some of the most formative decades of the Law School’s curriculum and reputation. The Class Notes Collection, now fully cataloged for the first time, should be of great interest to anyone working on legal history, legal education, or the history of Harvard Law School itself.

View of spines of volumes of class notes.

Miscellaneous class notes volumes

Page of class notes in black and red ink taken during lectures on trusts

Page from the class notes of Eliot Harlow Robinson taken from lectures on trusts given at the Harvard Law School by James Barr Ames, 1907-1908
HOLLIS 14778115

The bulk of the collection takes the form of neatly homogeneous, crimson-leather-bound notebooks purchased from the Harvard Coop and inscribed on the inner cover with students’ names, local addresses, and desk numbers. “Louis L. Jaffe, 3 Perkins Hall,” one notebook reads. “3L, 1927-28. Property.” Many of the students’ names sound antiquated and (to this author’s ear) aristocratic; with a single exception, all are male. Case law is written on transparent onionskin sheets the size and shape of Post-Its and pasted in on top of lecture notes; red ink is typically used to underline and summarize key arguments in the margins. One gets the impression of a disciplined and uniform method of note-taking, taught from an early age, which gradually fell away after the Second World War and was abandoned as standard practice by the 1960s.

 

 

 

Detail of page of handwritten notes in blue and red ink. At the top of the page is written "Wolf vs the American Trust and Savings Bank

Detail of a page of class notes of Paul Cleveland
taken during the second year course “Bills of Exchange and Promissory Notes” taught by Morton Campbell, 1931-1932
HOLLIS 14453392

While the notebooks have the outward appearance of uniformity, within, they attest to rich personal histories. Exam prompts, holiday cards, and even the occasional love letter are tucked between their pages. Current law students may find comfort in the near ubiquity of question marks and crossed-out phrases (as well as large splotches of ink). Some are covered in doodles, caricatures, and exhortations (“To hell with Beale!” writes Chauncey Craven Hackett (LL.B. 1906) in his 1905 notes on Equity, taught by Beale), while others suggest great discipline and organization, such as the tidy script and thorough indexing of future HLS professor Austin Wakeman Scott (1884-1981). Many of the notebooks were donated to the library by graduates’ children and grandchildren, and some have been carefully typed up and bound in display volumes. Notable legal minds represented in this collection include Zechariah Chafee (1885-1957), E. Merrick Dodd (1888-1951), Felix Frankfurter (1882-1965), Paul Freund (1908-1992), and David Charny (1955-2000). Their class notes provide valuable and perhaps otherwise inaccessible windows into their formative years as students and thinkers.

Open volume of handwritten notes in blue and black ink. On the right side is printed advertisement from Burke & Co. Tailors

Detail of a page of class notes of Manley Ottmer Hudson, 1907-1910
HOLLIS 2004707

The collection should also be very useful to the study of legal curriculum and its development across the twentieth century. While the 1L course load of Torts, Contracts, and Criminal Law has remained largely unchanged since the nineteenth century, a proliferation of electives can be observed beginning in the 1960s, yielding Soviet Law, Antitrust Law, Psychoanalytic Theory and Legal Assumptions, even a class taught by Henry Kissinger on National Security Policy in 1967. From this collection one can learn how Justice Stephen Breyer taught his class on Antitrust Law, or how Derek Bok taught Economic Regulation, through the eyes of their students. The pressures of US history are also apparent, from the cluster of deaths, withdrawals, and hastily rearranged course schedules during World War II, to notes on segregation, the KKK, and Communism in the 1940s and 1950s.

Detail of handwritten page of notes at top of page is written "Commentaries on the Laws of England Book 2nd"

Detail of a page of class notes of John Willard Bickford, 1864-1865
HOLLIS 2594561
Bickford was from Hillsborough, New Hampshire. He entered Harvard Law School in 1865 but his career was ended when he drowned in the Charles River on June 26, 1866.

It is the otherwise anonymous, little-heard voices of HLS students across the years that form the bulk of the collection—studying for their exams, trying to remember their locker codes, and forging the opinions that have shaped legal discourse across the last two centuries. We encourage students, faculty, and researchers to come see for themselves what has changed—and what has remained the same—about the studying and teaching of law at Harvard since the late nineteenth century.

Georgia Henley is a doctoral candidate in the Department of Celtic Languages and Literatures at Harvard University, finishing a dissertation on the transmission of historical texts and manuscripts between England and Wales in the thirteenth and fourteenth centuries. She works part-time in Historical & Special Collections at the Harvard Law School Library.

Note: For now, the easiest way to see the entire collection is in HOLLIS Classic. Under search type select “Other call number” and search for “Class Notes Collection”.

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