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%-