School of Law, 1925-1947 - Duke University School of Law

Transcription

School of Law, 1925-1947 - Duke University School of Law
T h e Rebuilding of Duke University's
School of Law, 1925-1947
Part I
The creation of a full-fledged, nationally mmgnbdlaw school proved to
be one of the most difkdt tasks that Pmsident William Preston Few faced
as he led in the organization of a major rteaearchh d bamund W t y
College after Decanber, 1924. Early in that month James B. M e had
announced the creation of the Duke Endowment and ~pecifledthat the
mi&@, which Few had p r o p o d to him wed years earlier, wm tobe a
pime benefiofthepeqwhal Wt.Whm the tawtees of W t y College
laterinhmmber, 1924,a c c e p t e d t h e p ~ t h m ~Duke
e ~ Univemie
,
wan d & i d y hrmched.1 Although Few began almost bediately to
a e c b for an ouW8ndtng legd
to serve as dean and hdp plan and
&&the law school,the marchendedup t a m five,hdmtion-ad
yeam.
Oncefound, t h e n e w d e a n o f ~ ' a l a w d w o lJ, ~ ~ t i n ~ , p l a y e d t h e k e y
role in getting it off to a b x i b n t &ark insofar aa its faculty and program
were concerned. Y& by 1934 -dent
Few and some of hie dm a d h
had,for avariety of reaeona,gmwn&mchanbdwitht;he young, ambitious
dean, andMillermsignedhm his psition at DuHein somewhat ambiguotu
~
~
c earlyein 1W
s.
Prior to that b e , however, Few at one point
felt that the long, careful muchfox a dean of the law echo01had ended up
m-t auspiciody indeed. What initially j
a that v d c t and what
happened subaequently to change it7
In Iaunching a M-fledged law school, W e built on a mpectable
fbwdation th& had been Laid in Wty College. Although W t y had
offered an umda-gradnatee o m in law mearly as 1868and there had k e n
i
n
~a~tiontsinatmekion
~
t
in law afkrthat date, not until 1904did
Wty erertablhh a echo01 of law. U n d d t t e n by annaal paymenta &om
Benjamin N.Dulce and his younger brother, Jam- 8. Duke, the schoolwaa
headedby SamuelFox Mordecai, a colorfulbcher and stronglegalh o l m .
At a time when many law acboola required no pxeviow college work of ita
* f ) r . ~ i s ~ , D e ~ a o f ~ b o r g , D u l t e U ~ @ , D t r rHeiscum&
ham.
mgagdinreeearcbforobistorJrofDukeMv&ty aPdalmmeoftheI)aheEndowmaak
the Duke Endowmmt and Duke
lPbr s fWer dhmasicm of the d a h m h i g
U n i w r # i Q L ~ ~ ~ FT .h eMD u~ k,e s o f D w h , 1 8 6 6 - l S B s ~ a mD:u b U n i v d t y
*
1mm
1
m
,
I
In ib aecond year W t y " s law B&
Asmchtion of American Law Schoob, which%hai.&l ambag i;ts ahirtg
I
membere only oxze other institution from the South, t
bu
&&
of
Tern-.
Employing the mmethod that Hamadhad p i c m d i p khe
late nineteenth century,Wty's law school remained emall, but%stackby
ita high stanand remained indifferent to nambers.2
With Dean Mordecai in hh mid-~e~entia
and unwell by the time Duke
Universitg was under way, Few at h t took what was for him a moet
uncharacteristic stance:he sought a southernerto head the expanded, fullfledged law school. Few, like his predemwor
We,John C. Kilgo, and
. tive&@a
at M t y , took great
like others in key faculty and-8
pride in W t ' e maintaining a broadly national and " m n & m W
outlook. Shunning both nedonfederate romanand embkmd
d o n a 1 defensivmem, Wty C o w ought to exempw forwardlooking aspects of tbeNew South. Thefact that both W d h g t o n W a n d
his sons were
Republicanswho c o m b e d deep Tar Heel mob and
atfacbmenb with national economic inbests anly aerved to dmngthen
and nndemmre W i # r orimta~on.Yet when Few began the search for a
dean oftbe law Awl, he privately confaaed: "For thh p & h h place I
fdwffheprefmce A d d begivento aman of Southernantecedenfsor
&tiom,
though I: have neverWreintimatedthia as a requirementfor
men in any of the pssts here. In fact mum &an half the men on the Wty
College @Maz
not
e b m &e &uth."8 Few never daboratedon hisregional
p r e f ~ c e m n ~ g t h e l e gdeanship,
al
but the&&was obviow that law
pwaawd more stab and regionalp e d h i t i e a and r d t i o m than,for
example, medicine or theology. At any ra*, Few would end up wi& a
nomuuthemm, but the original beewaa one factor in the long delay
in the naming of the dean.
Concerningthe law school, Few worked closely with W l i a m R.P
*,
~ad~atoJmB.~mdMauthmoftheindentUre~
the M e Endowment. A native Vhghian and graduate in law from
Washington andLeeUnihty, Paskina eewgd aa s n M u m W ~ o f
DuksUniversity.Xn fact, after the deathof James B.Dukein O c E Q k PI=,
I
I
.
In mtabhhiug a law ecbool Duke U n i d w built upon r f d t i o n hid at Wty
CoIIege. W B M an undergraduate mtrrse in law aar early as 1868 aad crmted a
d o o l of law in 1904. S a m 4 fPor Mordmd., a w h h l beecher and &mg legal scholar,
headed the WniQ law SChooL P&t
hmthe Duke U n i e Archives, Duke U n i d k
Library,lhham.
P e r m , "I
look rather eepecially ta you for help in m a k connected
with the I a w School.'"
Writing to a friend of Parin Yale's law school, Few requested the
mggmtion of a "broughly&rate man'' fo head up the Duke Aool, "a
man ofthe calibre thatyonwouldmuirein a dean of the Yale Law S c h o d " 6
u r s aolidthq suggestha a h went b Huger W.Jemey, dean of law at
Columbia, and ta a HarvarcI law profmr. One of the men whose name
mopped up in = p o w to them initial inquiries actnally visited Duke at
Few'a request in April, 1925, but Few lnoon adviamiP e r m that, "I am not
quib sum that he isj u t the man for dean."%
Meantime ae Few taok the lead
in the &for a dean of the new Wool of Religion u welI ap r k i c i g a t d
in the searches for variou key appointeesin the ar& and mienme, E l o h L.
Flawma, Duke's vhpreaident for finance and Few's longtime d a t e ,
interviewed warioas law deans and prospective appoinbw in the North.
P8]:kins,tog~withGeo~G.AU~bac~aprimarg~rofmudh
of the late millionaid8 power and a chief interpreb of his p - m
plam and intantiom. It waa no wonder, then, that Few
on i n f a d
W
w*
=EarlW. Porter, Trinity and Duke, 1892-1924: P o d h m of h h Ud~nstrriby
e Univereity h,
LW),
143-146, hereinafter cited tls P
-, X n i W mad Duke- For &e
1 a ~ ~ ~ o f ~ e ~ ~ o f ~ m ~ L a
h.
'
of legal eduatjon in *e early twentieth eetltwy, see R
O
W
Uoi-tY
.&IYMtionin America from the 18M)r ta the 19808 (Chew1
h,
1983),38 andp a a h , herein*
ciM as &wen% k W &kt&
William P.Few toW.R.Vmce,Agril9,1926, ~illiam
PrestonF& Papsm,.MY&dky
Archives, Duke University Ijbrary, Durham, hereinafter cited as FaW P
-
w
~
c
h
~
i
n
l
~
~
~
~
~
p
i
~
P.Few tO W i h m R P&,
A p d 10,1926, Few P a m .
=W.P.Few to W.E Vane, April 9,1926, Few Pam.
BW. P.Few b W.B PmBins, A d 21,1926,Few P a m
4W.
.
.
I
Rwkefdler FoumWim in New Ywk, wi& whom F w- ,
Jam%
1926, also reeommmWtheNor&w~daen as.a&d$somceof sonad
advice, and Few promptIy began cmeaponhg wi& him. W a m d of the
I
s r r b ~ W & ~ ~ p a i d h b p l a w ~ o o b , F m ~ ~ ~ b t
hew~qtilite~witb~t~ht"etillIamd~1~~ofg&gEbr I
deanhere a rnanofjwtwwhcalibre& wouldberequid at oneof &we[top]
I
glaCgg."*
hebitofad~bwhichP~qni~,bnt~,paidnoheed~~m
a W t y dwmw in law. Ilia premIae was that various developments at
W
y
l College ear&
in tbe ~
~ - a aa
~ &&dent
d b John C. Kilgo's
the immtem' d&me o f d &
M o m and
'5ndepld8llt &€ihde'"
unorthodox racid vim in +he h o r n &'air cmcemhg Profhaor John
S ~ B ~ i a 1 ~ W ~ ~ e l a w y m o f ~ ~ C ~ l i n a h r n
Trinity and impid them to
it 8 ''Northern Methodiet inatitutiom" Since Duke now needed the goodwill and inhmst of the Sooth's
lawym,86 m n t of whom the dnmnus believed tobe 'Sninpathy with
the traditiom of tha Old South," Drtlre mu& Ylegitima$dy cultivate their
~ p . " I t ~ d d o n l y d o m , h e ~ b y a v ~ ~ ~ e o If & ~ Aaoording io some critim, variom deveIopmmta at W t y C o b m c b as Pmdent
John C. KiIgo'e ''indepmdetpt attitude"-had estranged the lawyem of North Carolina &om
~ h t i o ~ ~a '%%
g, schulmlymaa"
i n ~
mdean and c h d g h b a d
W e .AB a result, one of the cobge'a law alumni wamed Duka U n i d w R d h t Wil1
a lawyer who had practiced extenaiv8b or m e d as a judge, one who had
Iiatn P.Few to cultivate the goodwill ofthe data's atkomeya in aelwhg a dean for the law
~ool~hebegan~~tbeunlversi~inl~.Photographof~fromthe
ability as an executive trnd a "publicity maa"9
I
U n i v d e Arch-.
AIthoughFew had ahackfmgraciuudyahhbpping wadkitdadvice
I
with which he d h g m d , a "big, wholarly man," pmhably of matho i g h , was prd& what he wantad for the Duke deanship. And in the
by various persona aa well as by hie prestigious position and geographical
I
~priaguf1926he &ally Wevgd, d h r sevaalfalrre i
l
Manddhappdnk
o m , Jervey negotiaw-or perhaps dallied-with Few about the PO& at
I
men&, that he had f o d just the pemn to fill the bill. Huger W,Jemrvey,
Duke over an mumdJ long period. A visit to the campm in March, I%%,
f~+men-geamld
dean of law at Columbia Univdity, waa a native of
had tobe canceledbecause of Jwoey*~
h e m . Then when Few subsequently
Charlwbn, South Carolina, and a grad*
firat of the Univmdw ofthe
k d e dhim down inJune,1926, at the Mayo Clinicwhere Jemey waa being
South (hanee) and tben of Columbia?~
law schd. Recommended to Few
treated for an ulcer, Jervey p r e f d that Few not make the trip out to
I
Mhme8ota but wait until Jervey traveled to Charleaton for a rest Since bis
health had become problematical, Jervey felt that taclding a new job would
?~larlanhfow.p.~m
J-9,
,
I=,FSW paPeoe.
be impomible. "Get your dean," he urged Few, <'andif mme day he and you
pW.P,FewtaEdmtmdD.~,June30,Jdy14,1926,FewPapea8geabaW . P : h W .
I
H.WiCpam July 20,1926, Few Papera
feel that you would like a Southerner to teach Comtitrr,tional Law to
Wmrge P. Pell tq 3. S. Womble, November 27, 1925, e n c l o d in Pall ta W. P. Few,
Southerners, it may be that the urge to go back to the South would be more
N o w d m 28,1926, Few Papem.& aymughbbrian at PrinityCon%gcim1908,doha Spencer
I
than I could re&, although a thousand things might happen betweennow
Basaa#wrobmdicleinthe&ufh~tic~ i y d e p l o r i n g k h e c a l & € d ~ b i , ~ o f
the racer hby tbe North Cadina Democratic parb and euch n e w e p a m
~ Jmahue
and then to make it impossible." The hamplanted Charlestonianasserted
Dani&e RaleighNeurg and O h r v m . Danielsw ' ped up public opinion againatBasm&a~d
hiebelief that, dthoughhiacodence fought againathis leaving Columbia,
deplapdead that W
t
y fire h5m. The m t e e e , opting a statement of m d e m c freedom,
the "South is the critical point of a good deal of our national development
mfuad. P&,
WnityundDuBe,#la.
I
2
0w
-
tuday." Duke had a ''glwimw
~~~,~~
feeIinge
lead me fa wi& 1addk v a &a&r'ih ig9$fi,
. Was it a yea, no, or a m b ?F&, at&hdb& arr it tnrned at,
interpretedt h e l e a s ameybe andmpWthtB~t&~"theolllyman
I know who L at once thom&hly fami&a wi& ,and with the
problems of a firstdam modem law school."Few
W
e
dfornard
bmddmqwhenhereturnedtotheE&df&&-*ll
That time was sluw in coming,for in July and
I%&Few could not
locate his elusive quarrg. By the h e Few 5 d y rewbbbhed contact in
November, 1926, hia own sense of urgency aboutthelaw d o 0 1w a on
~ hold,
at h t t e m p o r d y *
The 1- important, transitory reason for Few% dowing down about the
law school was that the building program for Duke%ghyaical plamt w m
unusuallyvmt as well- complex.The old !RIG* -.w,
begirrninginthe
late eummem of 1926,was to be totally rebuilt, ~ t alemen
b new red-brick
~ t r u c h m sof n&sid
or Georgian de&n added to a few of the older
Trinity buildings & ~were
t to beretshed. Upon tbe near completion of that
campus, work was to begin on the even more eztadve Tudor Gothic
building8on the new camp- a mileor so to the west oftheold one.Until that
campus waa ready for mapancy (in September, 1930,a~ turned out), the
old Trinity camp118had to h o u M
~ e g aundergraduatee,male and female,
as we11as the growing number of graduate andprofemionJ students,not to
mention the burgeoning frtdty. In short, when the h t phase of the
building program fell somewhat behind schedule in 1926,Few and hh
aaociates found themselves increasingly short of apace on a d e d ,
collstruction-Wedcampus. Few admithi to P e r k , that under the circamstanma,M e w w probably fortunatenot tohave "a budding law school"on
its hand8 in September, 1926.13
A more~ubtantialand long-rangereasonfor Fed8 temporary and partIy
accidental decision to slow down on the law school was that money was not
actually as abundant at Duke ae a dazzled public, including many at M e
and in ite wwtihency, long and moneowly believed. The bNthw a that
~
Few had soIdJames B.Duke on a most ambitious plan: two undergraduate
mllege~(onefor men and one for women), a graduate school of arts and
aciencea,andprofdonal school^ in theology,law, bwiness,and medicine.
(Schoolsof nureing and£0were not inthe originaI pIan but were added
later.) Like W t y earlier, Duke Universily was committed to excellence
and, in words wed by Janm B. M e in his indenture creating the Duke
Endowment,to "attainingandmaina place of realleademhipin the
educational world.. ."C o n ~ t h e l a hwo o l , Few in an early and still
optimimtic p h m had privately hasteol that funds had been d o c 8 t d to
make Duke's '%he best endowed law school in this country; and a large
amount hm a h a & been set apart from the building fuad for the p u m h m
1oHngar W.J
m to W.P.Few, June 16,1926, Few Papers.
P.F m ta H.W.deroeg, June 28,1926, Few P a m .
'PW. P.Few t,W.R P d h s , A9,19%, Few Papera
1iW.
law. P. Few to W.S. Baftlw, June X6,19%, Few PaP,Few Q Dr.W a h m Rankin, S e p h d m 16,192'7. Few Papsrs.
1dW.
is not dear, either he abdonedthepllesnitearly in1929 m Jemey
rejected the offer meqaivcw&. At any rate, by that time Few wqa
fortunately primed for anoiha line of attack on the pblm of the law
basine~mwnin New F-b who 4ad bem emu&ahd in one.-or
anotl1awitb.6.B.
h ewhogmatlyamhtedinthhqHodwmClinton
and Myem Compapy and lungtime,
Toms,&e p r d d n t t&e
dbothFew
and
Tkini~lhke.
In response ta Few's appal
stam&
forhelp,Tmm dvhdthatheliked F e w ' s m ~ o ~ d w
~ gnz & g & e l a w
&od
school,~iPC.c.~cb~ofLier~d~boilFQlof~m,
~ h o d p Interest
o
in helping with a school of bmimm, tIren Toms would
him mnaming the law ~ 0 ~ Many
1 . months a~ well a~ many
conmmationa and letters la&, Few mppW a more axlly developed
st&emmtabut'& law d o 0 1 for Toms 20 w e with Ma:
"A d l i o a now
and a xiillion infi will might do i&"Few coolly bmggested, C"if he can't be
brought to give dl nms.''lB M e fell short of having Duke's law school
n~dforb;mn~,forTom~~ddo&~~mh.imaBiftof~worth
~,000.~~
While
moatly in vain, for sabetantid new ~ o ~ a Few
S
temporid concerning the law dmol. The law ahdents had to be taught,
however, and M o r d d ' ~death in 1927left a void. IPew took onemeamre to
deviate the sitpationby making two appoinb~llts.ThehtinJdy,
1927,
waa W.EPryanB&,aW&d~wwhohadgonemto~d#high
honom, degrees in jurhpmdence and civillaw at Oxford Univbefore
w,
enbring the practice of law in Winaton-hlem, North Carolina.17The other
appointment w w Thddew D. Bry~on,a graduate in law from the
U n i o d w of North C a r o b who had become widely mpdedinthe state
as a judge of eupri01: court. Brymn'e appointment wae partly a bid for
recognition and support for M e ' e law a 0 0 1hrom the North Carolina bar
and, aa such, it worked indeed w d . Among 0th- who pmbd the
appointment, Angus W.McLean, governor d North Carolina, d e r e d
Brymn one "who understands fully the genius of om people" and the
appointm~~it
"most fortunate f o Duke
~
U n i v d w and the State."la
Still purmhg Huger Jervey, Few had consulted him before making the
twonew appointm~b.Few's&o~toco&wi~himinthe8pFing~f1928
Wed, but when dervey finally visited the M e camp- in June, 1928,he
w w atill ambivalent about the Dnke post; that ie, he etated that he would
like a profamrehipin thelaw school but remained uncerhh aboutsewing
arr dean. Moreover,he wae worried about an adequatelaw library aswell as
proper suppart &om the imatees. Few continued to hope that J m e y w o l d
at least give the deanship a try without making a find commitment.'@By
lab 1928,however,Few was clearly losing patiencq and,though the record
WlintonTom to W.P.Few,May 18, lW,
and Few to Toma,November 1,1927,Few P a m .
l
a
b Tom to W,P.Few, DBcBmber 6,1927,Few Papem. Sea also Few's-1
about the
v&
medical aehool ta Bernard M. Barwh, May 17,1!B7, and IBaruch'i, noncommittal
ie&,
20,
Few P w m .
July 13,1927, Few Papere. Few
ilw. B r p u Bofich b W. P. Few, Ma& 15,
aonaulted with B.8. Womble and other prominent Trinity-Duke alumni in Whton-Salem
wmeruhg the appointment.Sea Few b Womble, May 28,192'7, Few Papere,
laRobert L Flowem to W.P.Few, Aagast 3,19m; Few to W d e r r a D.Bryson, A
&
30,
l
aand Angw W.BacLaan to Pew,September 2,192'7,Few P w .
i8W. P.Few to ClintonTome,June 23,1928, Few P a p .
m,
,
d d p .
An old friend of Fewb &urn his p m at H-atd'a madub school,
Franch G.CaBey, had become a~tlawyerandthmfed81:al
judgein
New York. C a y wmh Few about a h r s r c c m m e with William
Draper Lewis. Formerly dcan of ths Univemiw of P ~ l v a n i a ' law
s
school, Lewis had b
e the founder and d h t o r of the American ]Caw
I d t u t e , a prcdgbp8 organbationofacademiclawyew and practitioners
who were undmtaking to pmduce authotitatip8 mtatemmta eonamkg
various asp& ofthe law. Lew-is*&inter&
in advising Few about
the planned expadom in law at Duke.% Few, pursning other leads, and
particularly Huger Jmey, at the time d Caffey'e l-,
did not promptly
follow up on the suggestion abod W
h Draper Lewis. There w a
correspondence, however, and early in 1929 Few and merd of his
asmciate~c u d 4 wi+h ZRwh in f i e h u t , No* W b a . When Few
rejected Lenis'a proposal that Dote's law mihod become primarily a
reaeamhriented athliate oftheAmer&n Law hiitUte, Lswis suggested
that a committee of leading hgrrres &om the law schoob and legal
profemion might be aesmnbhd to advise Duke a h t its law school. Few
liked the idea and xegnet~tedh w i a to engineer ''the whole thing for us, of
mursedowiagllartog~~e~"Few~ed~atano~oft
RmldeUers' General Education Borud had made a similar eugg~~tion
concerningDul~e'8pro&
medical schwl, and the ensiling eoderence at
Johns Hopkins Univedty in 102'7 had mdted happily in the naming d
Wilburt C. Davison ae the &t dean ofhh'~
medical school.
Among the half dozen promhaant legal s c b h whom Lewk recruited to
write adviamyptatemmtsconwdng W e ' s law &~oolwere the law deans
at Minnesota,Pennsylvania, andSOPfbernCalifornia ae well a.prominent
profeesm of law at H a F v d , Yale, and Columbia. While m p b varied
in the t&ttemmte,there wss amongthem agmmm2thdttW e ' e law school
should be kept small (which qdte suited the traditional W t y I h k e
preference for quality rather than large n u m b ) and that a carefullg
selected f a d @of legal speGialiste &odd be expectedboth to teach and to
do scholarly m s e d ~ "A A
d
i at the MayfIower Hotel in W a d h g b n ,
D.C.,in May, 1929,brought bgether Few, m,and variotu m e m h of
theadvisarypand
Theimmediateupshotof thepmcedtmthatL e d h a d mapged was that
Few cormidmedoneoft h e a d h , ProfemwNoelT.Donlingof Columbia,
W h a n c i a Q. C d e y t~ W.P.Few, November $ lW,Few P a m RegardingWiIliam Dram
Lavia and the A m d x m Law Wtate, see h e m , h w &bl,
14.41.
WWillfam Draper Lewis(oomp.), "aepDrta in Regard to the Eatabbhment of the Law M
a
d
at Duke Univereib," Law L i w l Ddw U n i d i t s ; d g n e d memorandum, Agril13,19%,
Few Papers; Glen J. Carter,"The Elise to National Elkhueof the Duke Univmity Law Ekhool
1927-1935"(ungnblishd mmhrpaper,
Duke Universib M v m , ~ c kas I
Carter, 'The Itbe to National b3taba of the I)aheLaw tkhool."
OrOLmmmtma,m~r.
lea
Fdowinathgd&aB~F.P.~lM~tFewmade~&~fs
~
~
e
~
~
w
~
~
.
W
.
~
~
~
[
~
e
)
w
w
a
s
had &qgma in jmbpmdemce and uvil law *mt h i b d Uniwdty arnd p r a d d in
Winstan*
Thaddetlri D. 3mm (djacmt pa^ phohgmph, 1989) had @mated in
lawhtheU n i ~ o f N d C ~ a n d & a a r r ~ ~ a a r t j u d g e .
Photugmplm Brom the Duke U n i v H b k c h i v l ~ ~ .
as a pomibi1it-yfor the Duke d d p . Dowling indicated, however, that he
could nut work a visit to Duke into his d d d e in the immediate faeo
Few abandod the idea= He c m h d to W. R. Perkha that he w a ~
beghnhg to feel a m e of urgency abut the law achool d d p . a
Loyal alumnu as well w admirer of H w d , Few h e d once more to
-bed
leadew there far whtevm asddance they might give about
bialaw doolproblem. H e p r e f d b r e q u m t withthe -tion
that he
a n d b arpsaciateeat Mehad had five ~tzenuou~syeam
since the h v d t y
wae launched: "In that period we have done worlds of building, have taken
on eights new men, have dealt with fmdammtal problems in the government and administrationof the institution,andhave all dong continuedta
widen and M e n the finma foundations here." Few felt fairly w d
c
a
~
C
os8tirrfid
~ a with
l ~ whw
h ok . ~n
& had
amombut now he naedad heEp in
d v k g '%hepoblem ofo r g d h g the I a w b h d " He r e q m fhres
namm,h o h ofprd-ce,
forthedeanshipof&law school. ' m h w
Bch001hem willhavean~lktaaordinaxy
oppwhmib,"Few mncluded, '%the
man who o m to h d it up can h found and M'"
& e n a s F m w . ~ o b g g a i n 8 ~ ~ ~ r 1 3 ~ & ~ d ~ h , h
d 80mfeisd
b
h hii, old b a r t i ~l(ntempormy,
du&8 Caffw, that he
doubbd Wt Duker#hw 0 & 0 1 k wodd b aHamd.man.6 4 Y4 ~ 1~
w~atH~~t~etimae~Uni~ty:ofCbicctga
Few rwgdled "1d W d y remmdwr at Cambridg~an in-t
or highF
hat a&h& to&
ths.mt u m k h k b g atI',H
a
m snlgt
~
~
~
&@ h g ~0, ~ & o u~g h ~ ~ ~% r v a r~d ' s . ~ 8~
~
~
~
w
-
~
~
~
i
b
~
'
C
W
"W. P.FewPoDeanRmmePd, Hamardlaw&d,Novemk#,
PPW. P.Few to George G. AllenyJune 18, fm Few to W.R PerrSdns, July 11,1923;N d T.
Dowling to Few,November 8,1929, Few Papem
nsW. P.Few to W.R. Pmldns, Novembr 13,192ByFew Papere.
e
m
~
t
o
s
e
~
~
e
l
~
~
~
~
&~mtd~be-tiaPed."hI~enoramI~34&8.
~ h t & - b a b o t l t H r u r v d a ~ d ~ ~ o f o u r
lW9,FmPapere. Few
m t ~ t h e a a m e h t o ~ d e n t A L a ~ m h d ~ M ~ k u ~ l W
both at Heward; to Dean Charlai E.Clark at the Y& law school; and bFreeident %Wdrk
H n h i n a of the Univdty d Chicago, whew inaugm&on Feiw W tsceatly athded.
than in other univemitycaw?
Andh thk partly my fault?"Few aserted
tbaf he had d w w a felt that as Httrvard &Q*
have led in Chicago's
developmentIso a s h o d be a ma&
fkcbr in the building of Duke. '
I
am
p d e d about d l ~ ~ . t h e of b
~ bI tyd Btvvardalwmus concluded,
"and am anxiow for light
ad aa for light on our Law School
problems."~S
Irunidy, while Few continued fo hope for light
the East, he was
about to find the new d a for
~ the law scbool in the Far Wed Even before
writing to Dean Rwcm Peund at b d and tO the other d m t
educators, Few had arranged for moth= nsmk of Lewis's pmd of
advisers,Justin MWr, deaama'oPthehw
d m 1at &a Univmity of Southern
California, to vieit W e around Cbb@msh e +1929.8hortly a h m a r d ,
Few,both relievedand hop&& m a d l y d t e d inreporting to Pexkinl¶
that he believed "thatfor m, m a y k b g m n s i m m
er was "the k t
J&vq.'*
man I have aeen and I do not
W
a
m
i to 1earnMilIds-on
a~,&eDuke&er,Few undertookt0
anewer the q u d o n that
~ Miller had gwtdia a lebz Few explained that
while M e had inherited !lhinity% " o ~ ~ o ito
a the
a Methodkt church,"
everybodyclearlymdmW&af ''weaxeinno way underkkhgtobuild a
denominational anldw.I' Both @mbard of
and the executive
committee were h e from outeide intdemnca, and"are no religious
tests of any kind @bed
in o m dharter or etatute~."In ehort, Few
believed that M e poeeerrd "as good fmm of ultimate con-1 ae any
+
a n i v d t y in Am&''
After ma~suringthe weathewmmcbus resident of muthem California
abut North Carolina's equitable &ate, which included '"much open
wa&d'evenin&W,FmexpJainedht
both ahdents andhcul&came
h m a wide geographical axea; &a2 "a man wikhability ta get on w h e r e
can get on here"; andthatI W l e ~ n not
d fear enylmubleoa m u n t of not
being a wtlthemer* When, in a subsequent letter, Few wporbed that
$lO,-ver
half of the $18,000 total for student aid that came h n the
Angiex B.W e Memorid Schohahip fund-wodd be available for Hty
the pdS7
tuition s c t r o ~ ' p in
a ~the law dmol, Miller
A native Califotnian, WIlm w s for+p~m
when he arrived a3 DuHe in
ddy, 1WO.A Stanfordundergraduate, he had o b b h d or law d e w at the
Univwity of Montana and them a
in law at Stanford. Moviag
upward rapidly through a series of jobs, both m a practicing Lawyer and
publicdkbl, he hadtaPghtinthelawah& oft;hellniva&im ofOregon,
~~~, and California Wore h o m h g dean of the law school atthe
Udvemitg. af Southern California in 1927.Obviody aa able, m b i h u s ,
and energeticashew- handsome,Miller was dew* arishgstarin f i e
legal world. A sgmiabt in criminal law, he chaired the Am&
Bar
Ammiation's SectionofCidnalLaw and Crhhol~gy.
Hehadpinfact, led
in revitdkhg the d o n ' s work by involving it in cooperative endeavom
nsW, P,Few h Ranch G. C&w,
humbar 24,1929, Few papers.
W.
P,Few to W.R P d b s , d m w y 3,1930, Few P a w
'W,
P,Few to Justin hiilk, January 23,29,1930, Few Papere.
m m 3 d w E f i m A ~ -
A f h an a u v e war&, Few ~el- Judn Miller as dean of the Duke law school in
1929. MilIer, a refom-minded spe&Iiat in criminal law, had become dean of the law schooI
at the University of Southern California t
m years earlier. Photograph of Miller from the
Duke UnivmiW M v e a
with the American Prieon M a t i o n , the American Medical Association,
and various pychktric and social-work organhtiom. ProbIem relating
to the parole and probation sy15fem, to police work, and to juvenile
dehqueocy and dabfitation i n h t e d Miller, and he m e d as vice
presjAent of the National Probation Aawcktion and was activeIy invo1ved
in a Large numberofM a r organhatiom. Hismemberehip on the fourteenpemnexe~t~tive
committeeof tbeNational Crime Conmidon-he was the
only law dean in the group-bronght him inta contact with euch pmminmt
as New York's Governor Franlrlin D.Ramwelt, who was a h a
member of the executive committee. After attending one of the Crime
C o ~ o n meetings
' ~ in the @ng of 1931,Miller, who kept a low pro6le
politically wbile at Duke but had earlier been a progressive Republican,
reporhd that h m o r mdthad made a "eplendid addred' and that
many North Caroliniam would be happy to mpport him for the pre&dency
if the opportu& should h 2 8 Miller, as one admiring chief of police
&Jstia
to L d a Bd. HOWB,
March a0,1981, R e o o d of the Duke UniwmiB Law
School, Film of Dean Jwth M i l k , 1980.1934, Duke Univeaeity Archive%,h d n & cited m
Y O L U M E L X Y I , ~ b , J U t Y 1889
.
t y p c r f w c a d ~ Seing
"
"down an
the ground with both
he had at onepoint, awmbg fo the police chief,
been "oae ofthe m a t h o w ~ t h aameya
g
oft& country"before
h o m i n g a profewor oflaw; than Duke had h d of him and "doubledthe
d a z y paid f o b bythe U d v d e o f g a U h California.. .."ma
the
chief concluded,wtu aimply 'Tomnwt in, the rank&' of tho- seeking to
d o r m d n i d p a d w e in fhe n a t i 0 n . M
One e x p l a n a h for Miller's promheme hx no anany national -&ations relafed to thelaw d crime is h t he obvimly enjoyed& m
in
public and appamat$y did it .ma&p d c l d y . One of hia Mends at
Harvard'slaw m h dwrote bdn& that he hopgd Miller would have time
b reply '%tween the ~~WCBB''
of hi^ ageechmaHisrg. 'Y mppose a
p r o f d o a l omtorl i k e y o ~ , ' * f h e ~ e n d ~'%as
g qtOmake
l ~ ~ amove
~horhm~~etheM&&t~so~roncall*&eold
oat &$&a $ g d . + d w e h m ovwagain." Tlw friend just hoped
that~dar"Wm&~~in'Wb~wunWawdasithd
e h w h ~
The Earvaxd h d ' need not have m-,
br M i l k plunged ent h w i d d l y and s u m d u l l y into intensive
at M e , in
Durham, and In N&
C83e0b d o t h a m'u&an
as well as on the
national c h d t wi$h w W he wm a h d y familiar. (In fact, M i l k
regarded being e
l
mto Ut nakional & d t at Du%e than he had been at
Sou~ern
C&r&
w one of the many dfmtagesof hia new job.) Invited
io adhsa the F l d a Conhmce on $widWork in March, 1931,Adiller
noted that he had apoken eight f i m a in two and ahalf days; a few weeks
later he wrrtme~~ted
that for the past two or three we& he had been
mi an average of once a d a y . 8 1
In.order to m
p
a
t
emore W v e l y in the work of the local and date
legd organhatiom,MUbdiler promptly joined the North Cawlina bar, and he
and his wife became m e m h of D u b Memorid Method& Ch-,
Dnrham'ts eecond oldest church ofthat denomination and the &urch thmt
had been organized and long mpporbd by members of the Duke f d y . 8 2
Withh
i than a year of his joining Ihwhmn'~Rotary Club, M i l k waa
d ~ ~ m e m ~ p o n t B e ~ o f ~ m , a n d b y l ~ b
to the pegidmcy ofthe Nor& Carolina Conference of Social Sewice.88
Adde &om miller'^ own dymdam, his early and e x h d v e involvement
incamp~~~asweIIaeIdand~te~viti~w~~cilitatedby~efactbt
wrote, waa dearly '"not the 0-
-
~ P a g e r s . ~ ~ d a k ~ g ~ w ( 1 8 8 8 1 ~ ) h a v a i l aWlro
b lWas
e ilPho
n in
Am*lChfcaao: - Maraairr Who's Who.-h.,
.1973,V, 4%KWl, andismxtteredthrot&out the
w&r~Bpen&
WAumwk V h m , chief of m
- o b in Berkeley. California, to 6. A G d ,December 18,1930,
~ i l l e ahpm.
S % o m ~ P Powell to J w h M S k , Sepkmbm 22,1930, me^ Papem.
~ 1 J ~ ~ t a N . R e a . ~ 2 $ , 1a 9n d3 ~1t ,o C . L C h u b , ? d a y 2 0 , 1 9 8 1 , ~
pa-
a%J&
Millea to T.C, U e w a ~M, b e r 22,1930, and w.A S W b a r s to Miller, Jub 30,
he smmegenuinelytohaveliked becoming aTar Heel. A f t e f f g e y d r n m h
in North Carolina, he declaredta a Californiafkiend &at he liked the mpIe
he found himself among. 'Yhey are just the name sort of follrs as thorrewho
live out in California," Miller suggmted. 'They have a good deal of the
Wmtern M o m of mmm and kindliness of wirit, which tso lacking in
the New England eta- and to a mter or leae extent a h thmughout the
Middle West"a4As for fbe country iw Miller quickly became a, &ng
boofor the atate that would much later advertbe itdf as 'Variety
Vacationland" To a Mend in Loa Angel-, m e r reported that he W ~ B
"ptutidarly p l e a d with the living and working conditions" that he had
found in North Carolina. "When I anwider the beauty ofcountry and
the splendid climate which prevails heq" Miller added, "I can M y
undemhnd how much o v d d C~~
is in the minds of the f o b who
live in this part of the United States."86 And to a hiend who worked in
publicity for XI08Angelea,Millerwryly notedthat iftherewere ''two or t h
hundred g o o d h Angela booetem hem[hNorth Carolina1myimp&n
is that the whole middle and w
b part of the stabwould be sub-divided
before long lnto city lots and sald to lpeople in] the Middle Weet and the
North."%
ABfor Duke and its leaders, MiUer hitidly waa equally e n t h h t i c . He
liked the fact that Dalre'e law rchooI, rather than enroll large n u m b of
tho88 who would Become average pdtionem, hatead would train leadera
on the bench and at the bar. ''-dent
Fewisaboutasliberal inhis attitude
tuward independent work upon the part of m e m b of his faculty am any
universityp d e n t I haveever known,"Miller declared.Few, according to
Miller,
urged the faculty "to feel b t we are engaged in a piece of
pionedng w d and that he wanta ue to have the courage to go our own
way." Miller concluded: "I have the feeling that I have come into tbia
country just on the eve of a new and substantid indwtrial and intellectual
development which w i l l be noticed and remarked upon by the re& of the
a
c01~13try.I'~
The mood of awakening and p i o n e that Miller noted was no doubt
enhanced, at Iemt on the D d e camptw, by the fact that in September, 1930,
Duke'e
w ~ ~undergraduate men, now constituting the studenta of W t y
CoUege, as w d aa the GraduateSchool of Arts and Sciences andthe Bchools
ofReligion and Law, movedhorn the oId Trinity campusinto the new Tudor
Gothic budding8 on the spauoue west campw, where the new medical
d o 0 1 was also mtuated. The h a n b m e new law school building stood on
themain quadrangle adjacenttothe generallibrary. Few andhis d h ,
confronted with the n d t y of giving names to c&ah dassroom and
dormitorybuildings that did not name t h d v e s h&onally (en& aa the
library), reached into the in~titution'shietory to come up w i t h such names
as C a n and Baamttfor two of the new buildings on what was now the east or
Wwtin Miller to L E.Thomas, October 8,1930, Miller P a m .
a J ~ t i nMller to R H.Scott, June 2,1931,Miller P m
%&in Miller to L L Hill, June 29,1931, Miller P a m
m J ~ t iMler
n
ta W.H.Waste, October 10,1930, Miller Papem.
mLmLHcII.nmYBEBS,SlfLY,la%9
dumnus admithitbat Mordecaihadnotbeerr muchintmm&t$intheUfrih
and %ge th& go with academic We," but he 4ad been "athame with any
awmblage of b r h and wa8 abaehed in the p-ce
of m.one."89
After exphhhg tothe c o n m e d legal a l d that only cwkinbddinga
~n~~~bbedpromptls,F~ewwmtontonate~af~c
B.Duke hadpddfisrmdgivm~a l l & e b u i I d h g s , b i s r ~ t r a ~ v ehadnot
ti~
only been -aIW
ab& the names already designated but had alrJo
agreed that ' k e might name the Law School as a whole for aome manif he
&odd be goad enough to endow it with aomethhg like six d o n dollars."
Few added mdldentidly that he w a '~' W g v w hard to get a man to do
jwt thie thg."'m
Although Few failed, despite valiant eflorb, to 5 d the ereparate endowment for the law - 1 4
for any other of the profe~Gonalachoobhe
v k h d y gave J
&
MiIlm a blank check in the h t year ox m after he
k v e d at Duke. Few,along with many othm, had become weU aware by
the aummer of 1930that the economy w w badly fstIWng.What neitherhe
nor anywe elseh e w w a that
~ &e naiion was gradually slippinginto what
would Be the long& and most ~ e v ecofiomic
m
deprwion in its history. In.
the &cd years h
1927 through 1930paymeahbDnke University from
the
Endowment approximated a half &on
d o M each year and
made up rougblgr half of the rtniodty'e totalredpk. Ixz 1930-1932,befibre
the full impactdLfidIhg
stock pricw and d w u d e n d i v i b d e had hit, the
EndowmentpaqonWh$iira was approximately doubIe the 8 8 3 h lever;bat
aincethesize ofthah~dmtbodyhtrd
a d tuitionhad beenr a i d ,
the Endowments mpp&d close to half of the univemity'e fdalreceipts.
.Not until l#%l#4 w d f i e d v d t J r mnfront a f h d
because
payments h m the Ehdoment them shrank back to their 192'7
In
other words, while Duke Univdty fell far shod of dl the funds it actudy
needed for an ambitha and highquality program, the inetitution9's
economic situationin 1930wae relatively sbrong. Resident Few, no doubt
encouragedespeciallyin thh w e by W.R.P e r u , meant to go &a*
with the law whd, And that exactly suited Jutin Miller.
Having accepted ihe Duke d d p , MSller began Cramediately to d
t
new membere for the law W@.
'We muat be atwe," he admonished Few,
"thatoar k t appointments areofthem& convincing &ble.character
as tbe law school world and the universiify world generally w i l l judge IIL~
upon thebash ofthow a p ~ ~ e n ~ . ' 'fo4authorization
~ ~ ~ a by
~ Few,
~ t
Miller found a e v d of hishitid appohtwi for Duke among the faculty he
had a~embledat the UniRemity of Southem California. They included
John 5. B r a d w ~ h
, p&b
B.Magga, William R Roalfe, and Gordon E.
Dean. The h t three of kt+Bxadway, Magga, and Ro&would
8 g l L hL Gmkt to
Papars,
W.P.Few, Ocbber 11,f93OPand Willia Smith to Few, Ocbobm 13,1930,Few
P. Few tu R M.Gantt, Ocbober 13,1830,Few Papera.
4lQaeationnaireWed ont h t h e GeneralEducation Board,February 24, lQB,
Box 31,& k t
L flowem Papers, Duke U n i v d t y M w a .
4Umtin Miller bW.P.Few, February 16,1930, Few Papera.
40lV.
II
1
M .m ~
'. 7 ~ * b a S * ~ ~ t ~ h - W ~ ; ~ d m d h * e
ummmky(yja~&&fm-yetm.
w?illhnE?&d&&,- d
m
. &'%be
-.
H u z M ~ & w w ~ w ~ Q Y ~ ~ & W ~ ~ &
8 & 4 @ . ? l - H ~ ~ s u E a e Mil&
d
as dean in 19M andm&kl iqthat
m-nntllL*?
- :
h'
Having accepted the dean~hipof the law school, Justin Miller began to recruit new
members of the law faculty. From the University of Southern California he selected (left to
right, from the top) John S.Bradway, Douglas B. Maggs, WiIliam R.Roalfe, and Gordon E.
Dean. Photographs frDm the Duke University Archives.
remain many years at W e and play significant rolee in shaping the law
school. An alamnua of Haverford College and the Univemiw of
Pennsylvania'slaw school,Bradway acqujxedhis inked in Iegal aid work
in Philadelphia and h
e one of the foremost proponenh of and
authoritie~in that .field.After s b r t h g a legal aid c h i c at the Univemityl of
Bouthem California at Miller's invitation,he did the eame thingfor a much
long= &ad
at Duke* One hiahxian of Ameuican legal education has
pointed to Bradwag'a work as one of the aign&antly innovative teaching
methods of the era.a Mag- received a dodorate in juridical science at
Rarvard after completing his undergraduate work at the Univemiw of
California in Berkeley. A highgpirited d o l a r who enjoyed intellectual
& @ & $ o ' ~ & b & ~ m - h X & a n d W h
I@tg%a*w-lg w ~ ~ ~ & w d l m ~ t i 3 l T . B ~
?&.,a,X)prhazna-ey
who~p1#htpmhthnq~ ~ n w m u i tMe dd a h
M d h n o t t , fmdam of law a% the Unhof Tamand
mhto f h T ~ ~ . B m ~ % i o e , a O @aSBno1p6vedepa&
lpad
m m t o f ~ v e ~ a n d ~ ~ w h i l l e ~ w
oubtanding5& p p e r r e ~ h ~e bf e~ l t ~ ~ ~ e p ~ e i
~ u p o f a p p o i n ~ b d h i n ~ e ~ ~ ~ d q ~
mhhg Jms inthe fall of 1930.%
'
W aewmty-sevensfpdmta ia all (Fter
&mwhoM~WaZp@m$),~&o~h6hedeW''aa~
conhast'' between the,hbC e
n
*
in 1030 and tbom t4ai p w k d
them. Cumkg h m a widMever, the -gar
Wenb were,
aamdhghMiller, % ~ ~ 1 2 ~ ? ' d " o n e d h ~ g r o ~ ' b ~
0-46
s ~ & ~ ~ & ~ @ ~ $ ~ d n k 0 ' 8 ~ h f i o n , . ~ ~
dgnXcant addie- to-thqW
t
y fitaiag 19301931.Bedid not, of atme,
& w w ~ b ~ & ~ % ~ , ~ a t *
oomp&i~vttwi&the bsqtamoli$&~pmhoob~
R o a dM*inblam
at
Columbia Univtwi&*dI&
h % i d y&at the workat W e a p p d d t o
him m
u
g
t
i of& -*-,''but>e
nltimitdy d d h d X h f a
oh.* & d d y I ,a h m b n j r e alllary $f.$l2,00D plss an hvibtiotionto Min
~ ~ i n & B ~ & M ~ r p a ~ t u h o f C ~ h w
Alb& d. XEamo~dean
-001
d ]taw B?&8 uPiver&& of [email protected]
Miller d t e d WmIm Mchmott, former d w of law at the Univarrdty of Tameam
a department of legislative reeearch
and drafthg. Photograph from the Duke Univ*
hchivea.
aipd m a t of the Tennessee Bar Ammiation, to head
''mid
Brymn, with a high reputation among Tar Heel lawyem, waa a
old
judge type" in hh atanand teaching but "very much impmiwed with
the importance of bailding a law school on p~operporn& andis amenable
to any type of -am
which we work out." He was well q d e d in the
specidheti field of North Carolina pleading. Miller described Bolich as st
person of''5e ability" and McDeo~motias '*oneof the &er repreaentativm
of law ha&- in the &uthem states'' and "achadng fellow^^."
Ehller,refusingto bargainwith Illinois,acceptedDuke's offerof a profemorp hip at $8,000 a year and d b a t e l y proved to be one of Miller'a prize
catch88.u
At the m e time he was d t i n g Fuller, Miller sought and landed
anotheryoung Iegal scholar ofgreat promise. David M.Cavern, an d t a n t
profemor of law at Wwt Virginia UDiveAty, had, after graduating at the
University of Pennsylvania in 1923, served as president of the law review
b o d at Eiarvard and achieved the highe~t-year
academic averagein
him clam. After pra&cing law inNew Y a k for three yema, be wrved m an
~ g t o l m m a r h s ~ ~ l a t e 1 ~ 1 * ~ ~ f i ~
in~~inHm~'LawBchololfuroneywMom~gthejobatW~
W d b m R PekbS, whb app&d h &ppOh~8htof
md
Virginia. Miller e x p W to C a v e that, in anticipation of pubhhbg a
ttm&dned that w b i l ~he-would de5&& come ta Drtke fw $14,000 he
law review in a m p l e o f p m m , M e planned to s M in the fall of 1931 a
would c o h doing m fbr $XBsOOO. h v e n M-phed
his accteptmce of
m w ein Cumat &&ions that aJlmnd-yearahdmta would be reqHired
t h e ~ a t h ~ f i g u m ~ ~ , 1 9 3 1 . ~
to take. The gwpp wodd be &sFided info dew and do pretts much the
~~wonfheh~~btClra~~bufF~~&afewpoiP~do
aame mrtofw o ~ k ~ f o n l y b & ~ g m a p
sfadentam
of
&a staEQfthelaw
another me.M i l k Ewlhmd that hw e *mkgea in brlngiag-in
review did in theInlight of Cavem'blexpehxe at Haward,
w e l l ~ b ~ h e d h g a l a c hM
o lvisitingpmfemom,
~
espddly daring the
~ t h o ~ b t ~ ~ t ~ h ~ ~ ~ h e l p i n g h e u & a c o a r s e . ~ t w a ps e r i o d w h ~ h e w ~ ~ ~ h i s o m ~ ~ . ~ h i r r ~ y
iadeed%hecme,~h.a$I',Wincream
1ovathe$4,5ao h e d v e d atWegt
19WI931, Mill- w a proud to have the dean of &mfWtil law ~ a o l ,
Vno do& &o played a parh in Caved8 MOD..*
ThMarion Kirkwood, aa a W~grofamr,
aod during 1031-1932M w m
A m o w then a p d k x of law at yde,cmgratalatard Miller on getting
prominent, a n d * ~ V e l y ~ m , * t i n g ~ e m m ~ b o C h ~
Cavm, whom h l d regardedae " m e uf &e on&
fhds raoaingabut
and Ptxmylvania. As part of a eoinpmmim abut Cravem'e appointment,
loosejnthelaw -1
worldWay? Themaat msmtialelematin bpixding
hawem, Pew obtained Mller'a p m h e that for 193%1883 the visitom
up a law
Arnold e e d , w m "the ability to pick coming men,"
would be reglaced bg.g a m g a men ad much smalls e M m . " In c m y h g
and he thought that the a m e of Cavm ~ v e &at
d Miller had an eye for
o ~ t ~ ~ , ~ ~ ~ * o y o ~ e r m c w ~ g i a t1- b e f a n o
them. When Arnold concludedby warning that Pale might make it hard for
W m e r MBT,
who received undergraduatekdning at the UnivmaiQ of
Ddm to keep Cavern,MiUer&rtd that nothing gavehim greakpleamm
m
n and hia law degree at Y&, a d Paul W.h t o n , who
took hia
"thantohave on my b t d w men who are wanted badly by other who oh."^
law d m ~%Yale~~utldargra&abwork
attheUniv-ofCdfbmk
hmany of the appdintmenfsmvealed,Miller wee debminerdtohavethe
in B€[email protected]'
Duke law school in the forefrontofthemovementb havelegal t m h h g deal
The able f&at Justin MiUm d t d was no donht the major
with themajoreconomic and ~ p r o bofthe
l time.
~ Another important
e~~phnatibn
for the amtion that theLaw echool world paid .to Duke in 6he
appointmmt that mggesbl~ u c an
h arientationwas that ofhilie Craven.
early l930a, but it was not the only one*h o t h e r h d r was the-innovative
A fiend of Miller'# for a number of y m , Craven had d v s d both his
program and d o a l u f n of the a w l . In Iamdhg the hpl aid WC,
undergraduate and law d
m at Stanford, the l a t h in 1911.Becoming a
Miller and Bradw8f had the u h o ~#upport
t
ofthe general . ' ' ' " &ion,
prominent railway t~ftorneyfhst in Oregon and then the nation, he was
&much s ~ r i e n t e d a d v i t y a StrOnglybFew
p~
mawm,b fa&,
named comd for the Presidents' Conference b e o n on the Federal
very much in a e W w - M e W t i o n . On a mma madatre M,
Valuation of the Railroads.When Miller pushed late in 1931tahave Craven
however, Miller and Bradmy were a d d to meet ear* an with the
appointedto bathinthe fields of public utilitylaw andtaxation at a salary
member8 of fbe h h a m Iwm axid d o ~ ~ h the
o cwh i c wodd wmk and
of $14,000, an enonnous academic ~rrlaryfor that era, Few finally baked.
that only thw m s unable to pay would be accepted m clients. 9%M i l k had cadidly studied James B.Duke's indenture making the Duke
they won hapartant l
d 0aBprt for
prajeikWPersonal wury u
Wm
Endowment, however,and remindedFew oftbe philanthmpids ipjunction
wh-a coatingentb&htbh~dvedw m n o t t o b e q W a - a w g ld
~10
that the univmi* should seerrre for ita f a d & such persons aa w d d
h e ofmogt diwm ca;sm, Dra*
rn hi0 ~
~
cBradway
e
,w e d
'k3m its aftaining and nutbtabing a place of real leadership in the
that mu&w o u l d ~ ~ e r i ~ of
~ amdl
~ e ~wage
m v~ ~, l ~ ~ u r d educational world. . . ." Miller then mked if the u n i d t y wi&ed to
tenant m h ,
and p ~ ) b & mof womm and a i h n in v a h m
undertakealong, dow period of development or "go fmardbldiywith the
rmpwb. In addition ta the & d d m c 6 k h&mb Bradway e n r p h d d
objective of overtaldng the leading schools and placing ourdvmt in the
that the MC
ww intended "to hoqdnt the &dent, by d i m t contack
same group within the nest few years.'' If the latter coume waa to be the
under M t y s a p r v h i o ~with
,
dof the problem of l a w in a d o d
choice, then the university would certainly have to spend even more thanit
whiuh may wcap mpb:& in &e 1hdy of %w in boob.'"=
had already c o d t t e d . 6 1
~ t b e ~ h a d 0 ~ 1 ~ f i r h o 8 t ~ ~ o u t d i
Millercould, of come, forget aboutthe nation'eeconomic degresafon. Few
of16Lm in the law school b d d h g an W e ' s campus, Miller d v e d an
could not, Its impact on Duke Univereie had been delayed but waa clearly
W k I, 1
m
4 B J d N h r to David ld. C a m , January 21, February 28, 1931; Cavto Miller,
Febrpars 6, M d 12,1931, Miller Papem.
VhwmanArnoldtoJ ~ M i n ~ , ~ 3 0 , 1 9 3 1 , a n d M i l l e r t o h o l d , ~ 9 , l ~ l , ~
m J u d h Miller to W.P.Few and B L Flowem, December 1,1931, Few Papera.
& m o m n h on b U d Aid
abut the feaai&lity of mu& a olinic kt amall cities. He w e d
h t the e x p a h m at m
a mggeated an w w e r in the dfkmative.While
Dmhamthmh 4 agopdGan o f d y about 6&awJ, thochic had e x b d d
ite ca$wwidelyf~ n o M , , a ngmehbarrrtmber
d
of fddmthatwerenob
~co~fordiaiepurpmaFmemmp~inadditio~~tothewolk
with in-&,
the d+c staff -y
hdpd prepare e o n s for
varioms jdp.Then &ere waathematkof mdhdleghhtion, each aain
the~dlom~Wherm~Xhtlse~c~upaW~onNoxth
C m W 8 gtmilhafion law, WW
the B&&'I
impreme mutt found anc o n & t p t i d l the c h i c helped p8ptwe.anew lawthat fhe l&latum then
adoptad.67
k n n n ~ ~ ~ ~ t i o ~ a n d d e d iprofessol,
c a t e John
d hdway1ong
emphdmd the d c e and publierelations wp& of the legal aid c h i c .
'"farm I can see&] Duke U n i v d t y , at 1-t during oar p d m aneede
mom &an anythingt eb," he declared, ''hbuild up in the min& of the
peoph d N o A Carolhaandthe South a m e of mnffdenceandgxideiniW
acbkmmb,"Juet as duke'^ medical SChooIwon*&
by leaningdawn
bh$vid& and showkg interad in their physical well-being,he argued,
legal aid c h i c could grdnallg build confidenae in tbe law nchwl.
Bradway, who led the law faculty in the sheer number of p u b h t i ~ m
( m a & i y m k i ~dtlringthegmidfmm
)
1950to 1935,mahkainedthat w M e
h l a r l y writhga graduallyreached their intended audience, "the base of
public co&hnm [in Duke] &odd be broader thm W" W v e in
h h t l m ' e wmmanity w e b r e program as well as inthe BtateCodwenceof
S m h l Work, Bradway built a collection of phmapfue of prominat Tar
Heel judgeaandlawymw as well ae coarthowato display in themoms of the
Wc,wertingthat he and his mlleaguea an the f d t y could not '%dda
new e n k p r h like the M e Law School into the general wnacioumese of
the w p l e of North Carolina without ehawing an appropriate
for
their tradithm and inditutiom.''~
While Bradway pwhed public outreach and a m i c e through the legal aid
clinic, Maloolm M d h m t t a n d a s m d l ~ t a f f f o m d a u d das wellas
h t m & o 9 d y valuable role toplay through the depm4mea.t of ldlative
research and dmfting. At the m u & of Walter P.Qtacy, North Carobme
chief judce, M c I h m t t * ~group u n d d k a etudy of constiWhd
pmvidow concerning county and municipal government with a view
t u w d mmdhghfmmation for the hte's wmmitsionon mmtitutiontil
revision. The handbook L&btion in No& Carolina published by the
d e m e n t must have been u d i d , for reqnwts for copies came in from
ac~lhes
the stab.L e g i d a t i v e d a n d drafhg were adlimitedto North
gx!
J.J. R o b o n , May 2,1933,Millm Papmi. In Brewer v. Vdk, 204 N,C.186
the Nmtb Carolina 8upreme Court ruled that d o n s 2 and 3 ofPublic Laurs of North
na, 1928,c 34, w m undtational. That Law wua reglaced by Publr'cLwrs of Xo*
57Jwtin Miller to
CardSna, 1833, e 294.
W J . & Bradway to H.Claude Horack, Angwt 7, Septermber 17,1934, Records of &a M
e
UnivemiW Law School, Files ofH.C. &rack, Duke Univdty M v e a , herdn*
utd as
HorackPtlpmL
Carolina, however. A reqneat from Oregon's l&1akus, pomibly impired
by MUer'a connections th-, led to the drafting of a bill intended to protect
public funds that were deporri.fedin h & h g ~ ~ t i ~ . 5 9
While tha legal aid clinic and the activity in legidative regearch and
dmfkingobviodyhadvaluablehtm&onaI a%and wmnotc30mmonplace among other law ~&ooIsat that h e , MiUds inn~v&tive
plan far a
comeinCurrentM~wasmore~yrela~totbecenWp~
of tbe law school. Maggs and Cavm hadgFimary re%pomibiEtyfor the two
sections into WW
the mnd-year clam was divided, but all faculty
m e m b were expected to conBoth them h t i v e a m a l i n ~ofW
s
law whool-mentsa~e student61in 1931when the coursewas inhducedand the q u t y d ~ t e p r o p o ~ 0 1 1 8 ~ ~ ~ ~ e ~ d ~ m a d W
e i et ~ b ~ e f
to give dl of its law students the tJspe of closely a
u mearch~and
~
writing e c e s that were reserved in the larger law schools only for a
handful of academidly elite students. Duke's plan d d for each student
in the mume ta prepare during the year three or four short w e notes and
two longer cammmb, w i t h the better pagers to he publiahd p e r i a d i d y . ~
Although Miller intendedfrom the %for theDuke law schooIto haveita
own publication, as did v i r h d y all ofthe imporbmt law schmb,he wisely
r e f b a d to be hmk abut the matter anel waited until the school had
assembled itafaculty and 'begun.to attractthe type ofstudentsit wanted. He
had learned while dean at Southem C a l i f o h , he explained, that a law
review, or something like it, not only could be uaed'"in the finat mwe as am
honor's mume,'' but that it ah0 waa " v a y etimulating fo more intensive
work, upon the part of both faculty membersand ~tudents."61 By the spring
of 1933, Miller and his colleagues were ready to launch plans for the
publicationofnot one but hvojoarnds,and theminlay anothm aap& of the
dbthctivme8s that characterized Duke law school under MUde leadership.Moreover,the factthat the admhhtrati~n,that is, Few and Flowem,
supportedthese g b despite the severe budgetary mhictions under which
the u x l i v d t y had to operate by 1933-1934,is further evideme of the h n g
commitment that the univemity's leadem continued to make to the law
ElchooL
h David Cavm argued in a memorandum, every dgnScant American
Iaw school, with the exception of Stdbrd at that time, published a legal
rnodieal. Most of those publiation~followed, with "incon8equential
variatiaa8,"the pattern that Haward had 1Jet in 1887 with its law review.
That b, the j
d wudy appeared eight ox so tima a year, and
~ p e c h b e darkiclea by established scholam on m h d h e o u e asp- of the
law were followed by a specid e d x t that featured &dent work. Cavm,
explaining and juaa plan with which Miller and othera on the law
faculty were already in agreement, called for Duke to break horn the
W C h m n k k , Nowmber 1I, 1932, January 18,19B.
6oJtl~tinMiller h W.P.Few and R L.Flowers, October 28,1931, Miller P a m ; Ckro&k,
November 4,1931.
8 l J u d h M i l k to K N.Mew-,
OcQobar23,1930,Miller Papem.
d" s ~ vb
e mackea ~~cunhihutionb legd @did
liWbm."@
M e ' s :a.w fd*,
themfore, gmpmd to publish a qxwbrly j o d ,
ert&~wsfwhEehmJd~a~~mon~oP&eman~rpna'M~
m i y p ew
F
of*
h w " w h i & m w i n ~ w i ~ p m ~ i n ~ e & e r d
[~08]&~mmh~&&&WmWmav-of~C
of view hapmatiwe to theh .
8 x m ~ The
~ j' ot d wodd
.
tbabybw8'mw.sP&athttm!d&m-*
m
a mu& imsaid and w B M B wtudydone,
~
a%].- in the Idomahd l ~ d
~
~
p I* would
P &-J't%w!
h #&aQ
BII
'-4$bt@hhdh m
'law In boob" and *odd, C a m W a i , '~~
a h & Che
~ e s t i n ~ a m o n g ~ ~ ~ ~ ~ ~ ~ ' ~ d ' g k ~ r ) p t r s e r ~ ~ n g
*el&
a f t h g - m ~tobmaden
~ ~ ~ t theMa&&eh&
~~
thecpmter1ywotdddd with T
i ~ ~ b bebmdfhat~ere
l ~ ; ' ~ ~ ~
w a a ~ ~ & d W i t w o d d ' f D e ~ b y ~ ~ ~ m ~ w h W
away, tw he mggmbdwarn thedial fate& l a ~ t w i e w . ! V h i l e # m m U
b e n o ~ ~ m f o ~ ~ h ~ w O r g , ~ t m d m ~ b n r ~ b
BtdmCs maid CmWlly b Muw when thejr w w
~~~~
~mithshecameh~~~nmpttbliea~on,far~~~p~
~mdandMtheirima~tiofp$runwiM.~~~~~~~uprrPl&h
pesibilitiw, including "ImcruMty Umcnmedu and "b*aof
h f M i ~ . ~ W a v c&Pted
m
W 'The New L e v i a b ' t w, ae&hly
bth, 'Tmb bTugboats." A f k mom w w dimwbia wf v & m
&W.tlei~, +hey d e d m Law d Contmpomy Pmbbm. T
h
e
w
b t l e , & ' t e d b y ~ v m a n d h ~ ~ a t o p i c b ~ e ~ ~ & f h e
Consumer of B d and Drrrgs," appeardin Decmber,-l9S.&t%vm.batJ
p d i d d , itand ru~uent~uemindeed
helpd putthe Duke law d d on
the led w ~ l d ' sm p . M
The f b t isme ofthe other publication, a studenWbd ~ d k d y ,
appadinMamh, IWcandw~initiaIly
n a m e d ~ ~ B
JoumaA The name was
hwifd, for, followfng a @am Miller had &at
tried at Southem
he had led the law students -ih
th€lIndvainto the w e Bar ABmaahn,modeledclosely on the
ofthie A r h A Bar h d ~ o and
n v d o w #tab~ t i ~Tbat'ls,
e
the
,
.
w
~
~
a
m
*tbodstaras&Minbnineew*fhaW@ad+kd,
the w d o m con*
of legal edwtim and a d h w i a to $he bar,
legblatio~~,
law ~ch001&aim, mimind hw,comparative law, legal ai&
codfu*nal mnendmemte, @evm~e$
and pr&wiond conduct, and
publicatiw. With appropriateandmmetime~dhthgubhedM t h g
minvihdby t h e v d t l l l h o m , ~ e r h ~ h t ' % e ~ m u s n & &
tuw regadng the Bar Aaeaciation WOW
and that 41m a w .of the
w-
W D a v i d Cavm bJ& M i l k , Wmorandum on Advan-a b the Mmle f b w d h
Projected lagal P+dcal, a d . @larch, 1988Pj,fo& sn Law a d
Rvbh,
~ ~ ~ d b i d r u r C a v e m M P r m ~ d u m
s s C a ~ M ~ ~ . b i Q l l e t ~ a ~ o f ~ ~ m t 6 I P e p p ~ ~
M L d i e C r a v t m to J u t b P d i I l a r d D a v i d C a ~ , ~ d
1933b Cavmxk-Mikmd
Creven, March B, 1933,Miha Pagers,
~
~
f a d t y b e s i d ~ ~ ~ b e c o ~ ~ ~ d m o r
T b e h t iseueofkheJourdmntahedreporte of t h g v & ~ ~
of#e
m
Duke Bar Ammiation and review of cllrrent deckions by m
d
e
m
t
soFtb
higheat d a n k sbdhg-inthe m i l d - and thkd-year &tatas.%
J d how the mtudenta themadvet reactedto&e vwriow devdupmentsia
thelaw schaolin&eearly1can only be-.
Thereprobablywaaan
atmwphm of h a t and iatebchd a c i h e n t , but the
-don
was a grim, grinding mdty b many, probably mod, of tbe
studmta Although there were at i b t Hty tuition a c h o ~ p for
s law
&denb and Ehenforty when the taiihn was r a i d in 1831 to $260,&em
were no Mloor ~tiptmda.that mvmd more thin ~tioa.Claude
R m d thought that the s c h d t a "-teat
n W was help for''exapthnd
mathemboyd' who w& "nearlyall going an a sh&ing, hoping d day
that they will be able to find at last one m d the n&!W
To pmvfde at lea& temporar$, emergenay help for bard-atudmts,
MiIl8~~an~cbd~a~hehdgiven~aDnrhamP
to start a law d o 0 1 loan fund, and he wanted publicity about it to
m c o v 0th- to contribute." The wivm of the law faculty p i a e dinto
help by giving a bm&t bridge p&y ta aid the loan Amd. Miller &
that the fund proved most udd, with 1
nut
$20.00 being
made to a considerable number of shuhta. A &id-year mdent m&g&d
that the ]Duke Bar Association s h d d m $ e mother m a l l ban h d
whereby loans of from $1.00 to $3.00 could be made. far temporary
m ~ c i ~ . ~
h p i t e the o w u s pov* of a0 many stmbts, the l i i d h e a s ofthe
dmolmdefor a ammu&y spirit crmongthestadenta and clomrstaden+
faculty relationships than
larger aad o h more urbag Iaw
&a&.
Even though national proh3bition under the Eighteenth Amendment p m v d the type of b m d d m g convivhlity &at would later
b m e apartof studentWe,
DPke'elaw &dents enjoyedmpiteerhtheir
~~
. .
books, e v e n i a h d r y andpoverty-stridrmearlyI-.
ThehdkaruriliarJr
of the law nchool, cornposed largely of the wiva of the law fad*,
entertained bofh Mmfs arrd faculty at tea8, sometimes given in the law
school buildhgYand ae parb of the p G h & h m festivities in 1932 the
&sol
an infd m - is the I d h o r n ofthe Union b d d h g
on weBt campus*^
Whether the law stuhb a l w a q*oyed
~
the lwrened anonymitg that
Me's anall c h a w gave them may well be debated.The grofemmliged,
o r b e m m e a ~ m e d k , , t h e r e l a f i p a I s i n ~cfhea w . D o a g l a a m Ias
a visiting profa$ Y d e ' ~law d o 0 1 ia US, commented about hb
experience there, and fhas threw am idhe&light on the &hationat D h
W J w h MiUer to H.C. Horack, March 18,1933, Millw Papers; Chon&, April 19,1933.
MH.C. H o d to h m d h W,hmmber 10,1937, Horack P a m
SlJwtin Miller ta G. Dean,N w m k 18,1930, kPillerPapem; Duke Akurrni Register, XVl
WUmber, 1m.
M J t w t h M i l k to 3.C. Eorack, Ma&
@Chm&Zs, December 14,1932.
18,1933, Mhr Papers,
&W,Iamun~inad&at&e~Mm~thanthogeatI)alteJtopd
nearly makes u@ for the e x c b g mommb of arguing am^, &-ad thm
~ ~ . T h e d r u m o m ~ d ~ r n e ~ t m g ~ & & m ~ ~ h ~ t hi~ereal
m s&action in plugging away at one%mbjixltdechal
$ma&,--but
I think they'll geeow that aamy c h m dwwhm have.
continuity that i~ lacking in private practice or go-&
d w . *
ItiefaxlChave~Ina~~WtFmn&mIPd~~it~then~d&hae
Mag-, already contempkihg postwar poedbilities for the Duke law
Wom off**
Bcbool, decked that hil3 experiencein Waehingtonhad convincedhim that
"everyjob a lawyerhas to do is unique--and that a fF&dmindia the thing
LonFher, vkiting at ~qmardandtewhhgeontracta to alugedauof
n d e d most. No-one thing more--abiIity towrite (andtalk}. I wonder ifwe
fm&$earatiudab~mportdthatha hadhadmm~urpWh
hi9 k a c h g .
coulddo more about ability towrite?',"~Vhe~tudenb,
grinding away at their
*?n&&&place, Ihave found &rathere m k b te@
hmea
I
law boo^ and the eternal briebg, no doubt viewed the matter somewhat
thought it m d he," he commW "To tellthevhde truth, Tm affaid I
differently and would have surely t e d i f d thatthey were hdyregaired
m t h m ~ o y t h apdmc8of
e
~ d h g o v ~ a p u b 3 iOn
e theother
~ . ~
ta wxite quite enough.
~FuilmfouadbHmdWts'~~Wdd~"f3Le
Thefew women law etudentsat M e in the 193th~had more ta worry about
~t;hatbemetimwfrtlt'likea~*~~sfeww&tob
than their work load, for they were indeed a mall minori* in an
men just k o m they go over the top." Be got @Q-.II
that '%I&
overwhelmingly masculine world. In the epxing of 1032,a Phi Beta Kappa
~mco~d~~ht,"rtndwbileheh@~atmoaghm~~d
senior in Duke'a Woman'e College applied for a dolamhip in the law
chaaga, he had hgard that it a&aally womned toward aamh@pn $be.
school. Miller consalted Few and Flowem, the other two members of the
"Itnotonly bn&bQ~poil&e
dammorndhu&on,Vn&rcontinued,
*'but1
adminirzt;rative mmmiftae for the Ischml, as to whether one d 0 1 d p
am also gettinprtkdof having every student who g-oefanh wagfoot
shoddbe emmarkedfor a woman student or lshould shed
y be allowed to
i a d ~ r ~ n d ~ t o ~ ~ ~ ~ i m m ~ ~ ~ ~ t o ~ j ~ t ,compete
w h with
y ~thewmale
l wapplic8tlte.
t
Miller added that he thought it ''highly
wrong, fixfear IIIpuhdoam &little~merltmarkop~thBjcrsaqne~~
D,Plte
deeirablethat some outstanding women atudenb ~houldbe admitted to our
law stzlclentemay or mag not have been as tenwand tapprehdve atboee
h w School and of course we have placed no obetdes in their way."
Fuller found at b a r d , though the probability is that thq- we^ ad,
Submquently, the admhhhtive committee decided that, a~ a matter of
n d d y b u a e &heywem not C?wt"
in a mob.
policy, women applicants for doIar&pe would be treated on the same
TheDulrelaw students,whengiven an opportunity ta rneke*o&hu
basis ae men.74 h p i t e thh open door, them were not many women in #a
known,did complain abut their work load. In -pow to a q W m n & e
1930s to whom fhe law beckoned. In 1939 Worack reported that out of
about m e t h h dstdy and ~ ~ c t i o the
t l h
, d e n t 9 hit hard at wb& they
. menteen women who h~~dattendedlhkelaw
i&ooleinceitereurg&tion
Wwed to be tbe e m d v e adgxmenb of cases to ehdy and W:Whm
in 1930, nine withdrew More completing the law course.75 He did not go on
M a g g ~whohappmdta
,
beaway onleaveatthe time, wa~infomd&th,
to say BO, but the eight women who did receive their M e law degrees
he urged the dean to set himealf W y in the way of this Bd&mi&ic
obvioudy triumphed
over many eubtle, and quite a few not-s~ubtle,
attempt ta abolish tbe reading and bzie&g of cmw by. hdente.* He
obstadei.
hsbtedthat the "abiliwto tearan opinionto pieces thoroughly a n d M a y ,
Friendly and open to the atudenbs, mde and female, and apparently
to didJtinguiah holding 610113, dictum (but tD be able to we di&m ia an
enjoying quite ~1dMreIatiox-m
with his colImjpes,Miller had succeeded by
argument or brief if it w i l l help) is h o s t the biggeet thing a a d 9 m b g&a
the fall of 1932 in building a -rate
fkcdty that helped attract a &lowly
from law 0chobl." N a h d l g the ahdenfa tired of doing #.at, Iitagg~
growing but able &dent body. The enrollmentwent up about 25 percent in
conceded, but a~ with the piano, "*repeated
and rqm&d&m
September, 2932, toninety-fivestudmta, and incwahgly they camefrom a
give pdciency."fi
more geographically dh@
area.In 1929-1930,80pement of Duke's law
WhiIe the students
and continued briefing casm, the~prubmra
etu&nta had come h m North Carolina. By 1934-1935, h i t &we had
f m d their own saW&iom. Gxce again, it was DoughmMtxgga who&ed
to 29 percent, aud a percent mme h m outeide the South. The law
m m e ~ t o n w h y ~ l a w y e r s p x e f e ~ t h e d ~ ~ II
WmM~Wm
libraxy of abut 12,000volumw in f 930 had gmwn to 33,443 volumw by the
he found himself, as eolidtor of the United States Department of Labur,
spring of 1932 snd,deapik the depression, wacr still growing. Having thts
pxmidhg over a staff of abut 170 lawym. He raportea ,#at at h ahe
largeat law library in the South and only the -th
large&jn the nation
enjoyed the administrative work, but at other thea he did sot. "In the long
mn,I etiUthinlrteachingcan't be topped," Mag@ d e c l w . 'The classroom
~~
*-
h g g a to H.C.Horaek, I P e h a r ~ r13,1936, E o r d Papem
7 l L m Mer to H
.C. H d ,W
b
m TO, 1939,Fiolgck Fanbaglae Magga to H*C. Hma& October I t, 1938,Bozaelc Paperar,
TQouglaa M s g p ta H.C. Horack, June 6,1943, R o d P a m ,
~4Jt1atinhiiUmto
.
W.P.PewmdR LF1owers,MarchaQ,1982,andMinub oftheLawhhd
C d t t m , April 19,1931, Fem Papem.
7%. C. H d t o C. L P
i*, May 11,1939,HorackPaparra.
.
was not a aihation at Duke tbat called for reating.7e Why, having been
supported genmualy by the ahhistration and having achieved eo much
in such arelatively~hortpdo&
wouldJwtin Miller wish to wage an almost
open campaign againet-dent
Few andthe mannerin which he led Duke
University?
(Part II of 'The Ftebuilding of Duke Univdty18School of Law1 1925
is mheduled to a m in the W k , 1989, h u e of the North
Carolina WiatoricaLReukwJ
1947"
W h k , 'The Rim ta National S t a m ofthe Duke Law Bchool," 22%-