History • Et. Seq: The Harvard Law School Library Blog

Final Days: HLS and the Bauhaus exhibit

Stop by the Harvard Law School Library to catch Creating Community: Harvard Law School and the Bauhaus before it closes! The exhibit is open weekdays 9 to 5 in Langdell Hall’s Caspersen Room through August 16, 2019.

Stay tuned for our next exhibit, Queering the Collection: LGBTQ+ History ca. 1600-1970, opening soon!

852 RARE: 17th Century Shorthand

Samuel Botley’s Maximum in minimo or Mr Jeremiah Richs pens dexterity compleated with the whole terms of the law is a charming little guide to 17th century shorthand. Botley, picking up where his predecessor Jeremiah Rich left off, published a complete guide to shorthand, outlining both legal and general terms, circa 1674. Prior to the publication of this book, Botley taught Rich’s shorthand method from his home in London.

An introductory poem by an author identified simply as “I.H.” asserts that “when writing in its infancy did creep/methinks men drew their letters half asleep” and Botley’s “learned hand….bravely guided for the public good.”

Delightful features include previous owner’s practice shorthand scribbles on blank spaces in the book, detailed engravings and comprehensive charts to teach the reader. Whether this method actually sped things up is lost to history!

JEREMIAH RICH (LEFT) AND SAMUEL BOTLEY (RIGHT)

FRONTISPIECE

PRACTICE MAKES PERFECT…AN UNIDENTIFIED HAND TRIES IT OUT

A SAMPLE OF THE CONTENTS

852 RARE: An Update on the Antonin Scalia Collection

Two years ago, the Harvard Law School Library received an extraordinary archival collection when the family of Justice Antonin Scalia decided to donate his papers here. As project archivist for the Scalia papers, I’ve been surveying and processing this remarkable collection, with the goal of identifying, processing, and making accessible those parts of the collection that will be open in 2020. To date, material that should be open next year includes:

  • Pre-Supreme Court files (1970-1986)
  • Correspondence (through 1989 only)
  • Speaking engagement and event files (through 1989 only)
  • Photographs (circa 1982-2016)
  • Miscellaneous files such as subject files and articles about Scalia (1986-2016)

I am currently working to process the more heavily restricted parts of the collection, which include records from Scalia’s time on the Court of Appeals for the District of Columbia Circuit (1982-1986) and the Supreme Court (1986-2016). Pending further review, a tentative estimate is that roughly half of the case files from Scalia’s four terms on the Court of Appeals may be opened at some point in 2020.

Scalia papers arriving at Harvard’s offsite storage, November 2017
Scalia papers arriving at Harvard’s offsite storage, November 2017

We will continue to post updates here as the project continues and welcome all inquiries. As is true for all archival collections at the Harvard Law School Library, the portion of the Scalia papers opening next year will be open to all. Historical & Special Collections’ Planning Your Visit page provides details on how to schedule an appointment and request material.

Today at HLS: Prepare to Practice Conference – Keynote Speech by Professor Daniel Coquillette

Taking place at Harvard Law School today is the 2019 Inaugural Prepare to Practice Conference, a joint initiative between the HLS Library and four other local law schools (Boston College, Boston University, Northeastern, and Suffolk). This conference is designed to provide Boston-area law students with legal research instruction oriented toward their future roles as practicing attorneys.

The conference featured an excellent keynote speech by Professor Daniel Coquillette, the J. Donald Monan, S.J. University Professor at Boston College and the Charles Warren Visiting Professor of American Legal History at Harvard Law School. Professor Coquillette began his remarks by recognizing and thanking the law librarians who have helped him throughout his career as an attorney, law professor, and researcher. He characterized law librarians as “your very best friend and the ones who will see you through to the end.”

Professor Coquillette then provided a brief history of legal research, beginning with the observation that, since Gutenberg invented movable print in 1455, it has been possible to print absolutely accurate law books, which has transformed how law is studied and practiced. In particular, this facilitated several important developments in modern legal systems, primary among which is “precedent justice.”

He then noted that, until about 20 years ago, legal research happened exclusively in the law library, where all of the important primary and secondary legal sources lived and from which they could not be borrowed. Historically, law students wrote research notes by hand, and then, when he was a law student, using a portable typewriter. In addition, in order to find materials in the library, researchers had to use the card catalog, which featured an indexing system that many library users were unable to navigate and use without the help of a librarian.

All of this changed with the invention of online legal research. Today, he noted, Westlaw and Lexis provide essentially intuitive access to all of the primary and secondary sources that legal researchers would need, with automated, hyperlink-equipped citators that make the pain of having to use books to Shepardize cases a distant memory.

Professor Coquillete contended that, while on the surface this appears to have made legal research easier, it has also presented a new set of challenges. Today, if you want the legal information equivalent of a glass of water, you go to what is essentially a fire hydrant to fill that glass, and a lot of what is coming out of that fire hydrant lacks quality. Quality, of course, is expensive — ask any law librarian whose responsibilities include managing a library budget. Furthermore, information that has not been screened to determine its quality may, in fact, be as good as useless. This is a major problem of what he calls the modern “disinformation age,” and why the continued work of law libraries is so important to legal practice and scholarship.

According to Professor Coquillette, even if legal researchers have quality information, they also need two important skills to process it. The first is critical judgment, which is a skill that can be learned, both through experience and one-on-one mentorship. Without critical judgment, which allows a person to see the essence of a problem and craft a reasonable response to it, even quality information can be dangerous. The second is wisdom, which can also be characterized as perspective and seeing the big picture. This is stored in the culture of our systems of law and democracy, and is passed on through both people and books.

According to Professor Coquillette, it is easier than ever to lose sight of the big picture in our digital world of instant knowledge and instant gratification. One way in which people can regain it, however, is to read: not only legal materials, but also classic novels. As a conclusion to his remarks, Professor Coquillette recommended three books in particular that provide guidance on how we can critically view some of the largest problems of our time.

The first of these problems is climate. Professor Coquillette suggested reading Moby Dick by Herman Melville. In your reading, imagine that the ship (the Pequot) is human government and at the helm is Captain Ahab, a crazy megalomaniac who, despite all reasonable warnings not to, decides to take on the natural world as symbolized by a great white whale. Spoiler alert: the Pequot is destroyed, and Captain Ahab dies.

Racism is another great problem of our age, and Professor Coquillette recommended reading Mark Twain’s Huckleberry Finn to gain a bigger picture of that problem. The story presents, in code, a true picture of racism’s destructive impact on people and societies.

Problem number three is that of living and working in what he called “coercive environments.” This problem, in particular, comes with the territory in the legal profession. Professor Coquillette proposed reading Invisible Man by Ralph Ellison for guidance on contemplating this problem in a big-picture way. The theme of this book is that, if you get to the point where people see you for what they assume you should be, they see right through you and you become invisible and disappear, a phenomenon characterized by Professor Coquillette as a “moral sickness” of our age.

Professor Coquillette is a very engaging speaker, and his keynote was a perfect way to kick off this conference. Not only did it remind attendees of the value of law libraries and librarians as partners in the legal research process, but it also encouraged students to incorporate critical judgment as they work toward becoming attorneys who are charged with addressing and solving large- and small-scale societal problems.

New Title Spotlight: “Testamente und Erbstreitigkeiten” (“Wills and Inheritance Disputes”)

The law library recently added a very interesting book to the collection:

Testamente und Erbstreitigkeiten: von Kriemhild bis Cornelius Gurlitt
Walter Zimmermann
2018, C.H. Beck
ISBN: 9783406730238

This book provides a historical survey of wills and inheritance disputes and includes transcriptions (in normal, readable font) of actual language from testamentary instruments.  Researchers who are interested in historical wills will especially enjoy this book, although it requires an ability to read German.  However, due to the book’s highly narrative and accessible style, an in-depth knowledge of German legal language is, in my opinion, not necessary.

The following subjects and people are described:

  • Testamentary distribution in the Song of the Nibelungs
  • Offmei Wöllerin, 1321 (a well-to-do widow from the town of Regensburg)
  • Heinrich Tuschl von Söldenau, 1376 (Bavarian nobleman and landowner)
  • Erasmus von Rotterdam, 1536 (famous scholar and humanist)
  • Martin Luther, 1542 (leader of the Protestant Reformation)
  • Laurentius von Ramee, 1613 (military commander whose will included a requirement that his successor marry his — Ramee’s — sister)
  • Neidhard Pfreimbder, 1662 (whose will precisely listed his property but did not name an heir)
  • Immanuel Kant, 1798 (philosopher)
  • Last will of Beethoven (drafted as an outrage-filled letter by the composer to his brother and nephew in 1802)
  • Johann Wolfgang von Goethe, 1830 (author whose will specifically provided for his daughter-in-law)
  • Constanze Mozart, 1841 (widow of Wolfgang Amadeus Mozart)
  • Arthur Schopenhauer, 1852 (philosopher whose will included a provision to provide for his dog)
  • Fürstenhaus Leiningen, 1897 (in which the son in a royal family was disowned because the father did not approve of the son’s marriage)
  • Elisabeth, 1898 and Franz Joseph I., 1901 (Empress and Emperor of Austria and Queen and King of Hungary; she was known as “Sissi” and has been extensively portrayed in books and movies)
  • König Otto I von Bayern, 1916 (Bavarian king who suffered from severe mental illness)
  • Franz Kafka, 1922 (Polish author whose testamentary request that his works be destroyed was not followed)
  • Estate of the Wittelsbach Family, 1923 (describing an agreement under which property of displaced royalty was returned to state ownership)
  • Thurn and Taxis Library and Archive (protection of cultural assets of an entailed estate, or Fideikommiss)
  • Adolf Hitler, 1945, and Eva Braun, 1944 (leader of Germany’s National Socialist government, which carried out the murder of millions of people during World War II, and his companion)
  • Albert Einstein, 1950 (physicist; disputes surrounding his will led to the exposure of intimate details about his life)
  • Estate of the Krupp Family, 1966 (steel manufacturing family that used several testamentary devices to avoid paying inheritance taxes)
  • The Insect Collection of Georg Frey, 1976 (Frey’s widow ignored testamentary directives regarding who should have the first right to buy the collection and offered it for sale elsewhere)
  • The Estate of Axel Springer, 1984 (German publisher who had several marriages and children; the battle over his estate lasted 30 years)
  • The Willy-Brandt-Medal, 1992 (“Can a widow make money from her husband’s personality rights?”)
  • Donations for the Reconstruction of the Frauenkirche of Dresden, 1995 (If a donation unlawfully decreases someone’s compulsory right to inherit, must the donation be returned?)
  • A Sociologist’s Index Card Box, 1998 (the impact of “vagueness” in a will on the inheritance rights)
  • Cornelius Gurlitt’s Estate of Stolen Art, 2014 (Can a testamentary devise lawfully include ill-received property?)

Why Research Historical Wills and Probate Documents?

Old wills provide a fascinating window into how people in the past really lived. During the summer of 2005, as a research assistant to Pepperdine Law Professor Kris Knaplund, I spent many enjoyable hours in the Los Angeles County Probate Archives, reading and documenting wills and other probate records from 1893. 

Although the main objective of this research project was to better understand the effect of the 1861 California Married Women’s Property Act on women’s inheritance rights, the project provided an additional bonus.  We learned about people from all walks of life in late 1800s California, from successful landowners and wealthy widows, to lawyers, business owners, farmers, and (perhaps most surprisingly) shepherds who had immigrated from the Basque country to Los Angeles.  If you are interested in reading more about this project, check out Kris’s article, The Evolution of Women’s Rights in Inheritance, which was published in the Hastings Women’s Law Journal in 2008.

Are you curious about historical probate materials in the Harvard Library collections?  Here are a few HOLLIS library catalog searches that you can use to look for sources:

852 RARE: Serving Up a Sampling of Plates

Inspired by the array of objects in this drawer, I wanted to highlight some of the plates we have in Historical & Special Collections for this installment of 852 RARE. They come in a variety of materials and sizes and are from a number of different collections. Each has an interesting story to tell. I hope you enjoy this small sampling of plates!

Some of the plates in Historical & Special Collections, Harvard Law School Library

Campus Plates

Langdell Hall commemorative plate (blue), 1927
Wedgwood, Etruria England
22 cm Queensware plate
Accession no. 2017.19

This is one of two Wedgwood plates in the collection depicting Langdell Hall, the other copy is red and was issued in 1932. The 1927 set was the first set of college plates that Wedgwood issued. The set included 12 views of Harvard University with a fruit and flower border that according to one collector was based on a design used on Harvard dining hall china c.1840.

Dane Hall commemorative plate (red), 1952
Wedgwood of Etruria & Barlaston, England
26.5 cm Queensware plate
Accession no. 2005.02.1

This is one of two Wedgwood plates in the collection depicting Dane Hall ca.1852; the other copy is in blue. According to the stamp on the back, this is a limited edition plate made in England exclusively for the Harvard Cooperative Society. Wedgwood issued this as part of set of 12 dinner plates that featured images of Harvard in the eighteenth and nineteenth centuries. See our copy of the lithograph this image is based on olvwork364043

Walter Hastings Hall plate, Accession no. 2017.70

Walter Hastings Hall Commemorative plate, early 20th century?
Made in Germany
12 cm ceramic plate
Accession no. 2017.70

This small white decorative plate with gold edges and a color image of Walter Hastings Hall in the center was a gift of Anne Elizabeth Bishop “in Loving Memory of My Father, Dr. Orvel Calhoun Crowder, S.T.B. 1957 Harvard Divinity School and my Great Grandfather Dr. Hall Laurie Calhoun, M.A. 1903, Ph.D. 1904, Harvard.” Hastings Hall was completed in 1889 as a Harvard University dormitory. Law students have been living there since at least 1924—it is the oldest residence hall at the Harvard Law School and currently houses 97 students.

Student Plates

Melamine plate, black background, head and shoulder view of John G. Roberts.

Learned Handmade Plates, 2008
José Klein ’08
10-inch melamine plates
Accession no. 2008.01.1-31

Klein designed 31 melamine plates depicting Supreme Court justices, as well famous law school cases in order to fulfill his Harvard Law School written work requirement. For a period of time, Klein sold copies of the set to collectors via his personal website, which is how Historical & Special Collections came to acquire its set.

“As a collection, the Learned Handmade Plates represent an album of the American Law School Experience. The plates are snapshots from the core of law as it is taught. Most law students have been expected to memorize most of the cases depicted here. They have been evaluated on the basis of how well they can reproduce the information these cases contain. . . . The Supremes on the other hand, remain. They have established permanent settlements in the imagination of the American Law Student. They are fetish objects, things to be held in adulation and contempt, to be stared into but never penetrated. In this sense, the Supremes are oracles. . . . The plates ask the eater/viewer to engage with the law as it is made by judges. They turn the act of eating into an act of civic engagement.”


The Record, April 24, 2008, Volume 126, no. 12

“The plates ask the eater/viewer to engage with the law as it is made by judges. They turn the act of eating into an act of civic engagement.”


José Klein, The Record

Faculty Plates

Black-patterned Chinese plate, 1948
13.75 in. bronze enameled plate
Roscoe Pound Visual Materials Collection
Engraving: “Roscoe Pound / Given By The / Chinese National Government / 1948.”

Underside of bronze enameled plate. center of the bottom has an engraved message in Chinese and in English: “Roscoe Pound / Given By The / Chinese National Government / 1948.”
Underside of the bronze plate given to Roscoe Pound

Among our collection of Roscoe Pound visual materials is a bronze enameled plate given to him by the Chinese National Government in 1948. Pound served as dean of the Harvard Law School for twenty years (1916-1936) and in the 1940s served as an advisor to the Ministry of Justice in Nanking, China. The visual materials collection also includes photographs of Pound in China, including this photograph of Pound posing with members of the Hebei Court, Beiping, China.

Judge Baker Guidance Center plate, 1971?
Lunt Sterling
28 cm sterling silver plate
Eleanor T. (Eleanor Touroff) and Sheldon Glueck Visual Materials, Accession no. 1970.01.4
Engraving: “Eleanor Glueck / IN APPRECIATION OF / 40 YRS SERVICE / TO / THE JUDGE BAKER GUIDANCE CENTER”

Eleanor Glueck (1898-1972) and her husband, Sheldon spent their careers studying and writing about issues related to juvenile delinquency. In 1934 they published One Thousand Juvenile Delinquents: Their Treatment by Court and Clinic, a study of delinquents referred by the Boston juvenile court to the Judge Baker Guidance Center (JBGC). The JBGC (formerly known as the Judge Baker Foundation) was founded in 1917 “as a charitable and educational institution for the guidance of emotionally disturbed children.” Its work included community education, research, and training, eventually becoming the home of an organized program of training and research in child development. Eleanor served as trustee at the JBGC from 1932 until her death in 1972.

Golden Plate Award, 1967
American Academy of Achievement
Framed ceramic plate and metal plaque
Diplomas, honorary degrees, citations and awards of persons affiliated with Harvard Law School. 1834-, HOLLIS 990094615880203941

View of golden plate mounted on red velvet background with metal plate mounted on red velvet background in gold frame.
Paul Freund’s Golden Plate award

We have a number of commemorative plates given to Professor Paul Freund (1908-1992) over the years. The Golden Plate Award has been presented since 1961 by the American Academy of Achievement, a nonprofit foundation, founded by Brian Blaine Reynolds to “bring aspiring young people together with real-life heroes. . .” In 1967, Freund was honored in connection with his constitutional law scholarship. Printed on the plate: “American / Academy of Achievement / Prof. Paul A. Freund.”  Learned Hand, another Harvard Law School alumnus, was also a recipient in the 1960s.

852 RARE: When the French Revolution was a Current Event

A recent Harvard Law School Library project—undertaken in preparation for the renovation and re-purposing of the Lewis building—resulted in a spreadsheet of hundreds of older titles for me to sift through, verify, and (often) catalog.  While the list is daunting it has led to a trove of fascinating books and pamphlets all of them are intriguing to anyone who appreciates primary materials.

I’ve particularly enjoyed working with copies of the French constitution in its various iterations, published in 1791, 1793, and 1795. Some are elegantly bound; others are still in their original paper wrappers.

A particularly lovely specimen of the former is this 1791 constitution, not even 10 cm (4 inches) tall, bound in green in morocco with marbled pastedowns, gold-tooled spines, and gilt edges. The frontispiece showing the King Louis XVI accepting the constitution, which established a constitutional monarchy.  Folded in towards the end of this pocket-size volume is a map of France.

An edition of the same constitution, printed in the provincial city of Le Puy in south central France, is in its original cheap (and wonderfully tactile) paper wrapper with the bookseller’s simple title and date (14 septiembre 1791) in manuscript and pages untrimmed.

Naturally events in France and its constitutions were of great interest beyond France, and a number of titles in the collection–such as these two–reflect that:

Detail of title page of London edition of the constitution published in Year I of the French republication calendar (1793).

 

Landau edition of the Year III constitution (1795), with manuscript note on title page: “5 Fructidor III” (i.e. 24. August 1795). Text is in French and German on facing pages.

 

 

NEW EXHIBIT! Creating Community: Harvard Law School and the Bauhaus

2019 marks the centennial of the Bauhaus, and Harvard is celebrating! The Bauhaus, considered the twentieth century’s most influential school of art and design, has deep connections to Harvard, including the Harvard Law School. Did you know that Harvard’s first example of modern architecture is on the HLS campus and was designed by Walter Gropius, the founder of the Bauhaus? Or that Gropius commissioned Bauhaus pioneers to create site-specific artwork for the buildings? Come explore HLS’s connection to the Bauhaus and its role in shaping campus life.

 

Harvard Graduate Schools Alumni Day Luncheon on Jarvis Field, with Graduate Center and World Tree Sculpture in Background. Walter R. Fleischer, Harvard University News Office, June 1951, Photographs of Alumni Groups, Harvard Law School Library, Historical & Special Collections

Harvard Graduate Schools Alumni Day Luncheon on Jarvis Field, with Graduate Center and World Tree Sculpture in background. Walter R. Fleischer, Harvard University News Office, June 1951, Photographs of Alumni Groups, Harvard Law School Library, Historical & Special Collections

 

This exhibit was curated by Karen Beck and Lesley Schoenfeld, Historical & Special Collections. It is on view daily 9 to 5 from February 4 – July 31, 2019 in the HLS Library’s Caspersen Room, Langdell Hall. A sampling of the exhibit is available online.

Be sure to visit all of Harvard’s Bauhaus-related exhibits, tours, and events happening in 2019!   #bauhausatHLS; #bauhaus100

 

Harvard Law School Students at an Orientation Party on Jarvis Field with Caspersen Center in background, 26 August 2016, Martha Stewart, photographer, HLS Communications

Harvard Law School Students at an Orientation Party on Jarvis Field with Caspersen Student Center in background, 26 August 2016, Martha Stewart, photographer, HLS Communications

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Scanning Nuremberg: Notes on the IMT

Post by Matt Seccombe, January 9, 2019

During November and December I worked on the prosecution documents concerning four institutions charged as being criminal organization (the party leadership, the cabinet, the SA, and the SS), with the documents on the plundering of artworks added as an illustration. This amounted to 232 documents and 996 pages of material. The totals for the year on the IMT (not including the final work on NMT 9) are 1420 documents and 8439 pages.

IMT and NMT compared: The NMT cases followed the IMT, but I worked on six NMT cases before starting the IMT. The striking difference is the complexity of the IMT. As far as I know there was no precedent for the IMT, and little time for preparation: the trial began just six months after the end of the European war. In addition, four different countries (US, UK, France, and the USSR) worked on the prosecution and appointed judges. Both the transcript and the trial documents reflect the complications and sometimes the confusions that resulted. Following the order in the trial (i.e., the transcript) means skipping from box to box in the collection. The transitions in the prosecution case, from one country to another and one subject to another, were not always neat. The document books were not always clearly identified. (One asset is a copy of the published IMT record, 42 volumes, aka the “Blue Set,” which has helpful document lists and indexes—but also its own share of errors and typos.) In contrast, the NMT cases were run by the US alone, and with the benefit of the IMT experience; those cases were much easier to follow and the documents were much better organized and identified. In the IMT work, I have needed to spend more “overhead” time figuring out the proceedings and tracking down the relevant documents, reducing the time available for document analysis.

Whose document is this, anyway? The most confusing IMT material (so far) is in a document book of rebuttal evidence entered late in the trial. It was prepared and labeled as a US document book, but some of the documents that became exhibits were recorded as UK or Soviet exhibits. Our database assumes that a document comes from one and only one source, so in these cases the documents were identified as being US documents, with the UK or Soviet exhibit numbers being recorded in the Notes field rather than the exhibit number field.

Party and state: The judges had considerable reluctance to consider the German government (the cabinet) as being a criminal organization, in contrast to the Nazi party. However, Hitler himself clarified the role of the government in relation to the party, when he told a party meeting in 1935: “It is not the State which gives orders to us; it is we who give orders to the State.”

The SS soldier: One German reported what he heard about a young Waffen SS man in 1943-44: “he could no longer sleep because he had had to take part in such horrible crimes in the East. He hoped he would be killed so that he would not have to carry these memories around with him.” (The soldier died in the war.)

The typist’s message: The 1945 sessions ended on December 20, 1945, and the mimeograph transcript (but not the published Blue Set transcript), marked the occasion: “MERRY CHRISTMAS.”

The HLS Library holds approximately one million pages of documents relating to the trial of military and political leaders of Nazi Germany before the International Military Tribunal (IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg Military Tribunals (NMT). We have posted five trials so far (NMT 1 through NMT 4 and NMT 7) and have completed digitization of all the documents and transcripts. 

We are now engaged in the process of analyzing, describing and making machine readable the remaining trials’ materials in preparation for posting them to the Web. We hope to complete this work as soon as possible based upon available funding.  For more information about this project, please contact Jocelyn Kennedy.

Last Chance: Exhibit on HLS Student Orgs Closing Soon!

If you have not yet seen our exhibit on HLS student organizations, Spicy Reforms and Crystallizing Clap Trap, now is the time. Due to a January filming project in the Caspersen Room, the exhibit must close on Friday, December 21. A sneak peek is available here, but there’s so much more to see in person. Take a quick study break and visit the Caspersen Room, fourth floor of Langdell Hall, daily between 9 and 5 to see it all!

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