Oliver Wendell Holmes - Holmes and Frankfurter: their correspondence, 1912-1934
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Holmes and Frankfurter: their correspondence, 1912-1934
Holmes and Frankfurter: their correspondence, 1912-1934: summary, description and annotation
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The first publication of an extensive correspondence between two of the centurys greatest American jurists.
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Holmes and Frankfurter : Their Correspondence, 1912-1934
author
:
Holmes, Oliver Wendell.; Frankfurter, Felix; Mennel, Robert M.; Compston, Christine L.
publisher
:
University Press of New England
isbn10 | asin
:
0874517583
print isbn13
:
9780874517583
ebook isbn13
:
9780585269931
language
:
English
subject
Holmes, Oliver Wendell,--1841-1935--Correspondence, Frankfurter, Felix,--1882-1965--Correspondence, Judges--United States--Correspondence, United States.--Supreme Court--Biography.
publication date
:
1996
lcc
:
KF8745.H6A433 1996eb
ddc
:
347.73/1/0922
subject
:
Holmes, Oliver Wendell,--1841-1935--Correspondence, Frankfurter, Felix,--1882-1965--Correspondence, Judges--United States--Correspondence, United States.--Supreme Court--Biography.
Page iii
Holmes and Frankfurter
Their Correspondence, 19121934
Edited by Robert M. Mennel and Christine L. Compston
Page iv
University of New Hampshire Published by University Press of New England, Hanover, NH 03755 1996 by the Trustees of the University of New Hampshire All rights reserved Printed in the United States of America 5 4 3 2 1 CIP data appear at the end of the book
Excerpts found in the Harvard Law Library's collections titled the Oliver Wendell Holmes, Jr., Papers, the Grant Gilmore Papers, the Mark DeWolfe Howe Papers, and the Correspondence of Rosika Schimmer are published herein by the kind permission of the Harvard Law School Library.
Page v
In memory of Paul A. Freund
Page vii
Contents
Acknowledgments
ix
Introduction
xi
The Correspondence
3
Frequently Cited Works
281
Subject Index
283
Index to Court Cases
299
Page ix
Acknowledgments
"You've made me pretty shy about expressing my indebtedness to you," wrote Felix Frankfurter in an early letter to Justice Oliver Wendell Holmes. Of course, it wasn't so. Frankfurter was anything but restrained in his praise and Holmes often responded in kind. Their correspondence, rich in so many ways, was above all characterized by a warm admiration that extended to their many other friendships. In this spirit, it is a pleasure to acknowledge the institutions and individuals who made our work possible.
This volume is dedicated to the memory of Professor Paul A. Freund of Harvard Law School. In the earliest and most difficult stage of editing and annotation, he encouraged us with careful reading and commentary that reflected both his unsurpassed knowledge of American constitutional law and his sensitive recollections of Frankfurter and Harvard. We remember with fondness his legendary knack of plucking just the right source from the mountains of articles surrounding his desk in Langdell Hall. If this work furthers understanding about Holmes and Frankfurter and the role of law in American life, we hope that it will also recall Paul Freund's contribution to the ongoing search for justice infused with mercy.
We are deeply grateful to a dedicated group of librarians and archivists whose patience and helpfulness enriched our study. David de Lorenzo, Curator of Manuscripts and Archives at Harvard Law School, gave permission to publish the Holmes-Frankfurter correspondence, which is located in the Oliver Wendell Holmes, Jr. Papers, and to publish other excerpts from the Holmes Papers, the Felix Frankfurter Papers, the Grant Gilmore Papers, the Mark DeWolfe Howe Papers, and the Correspondence of Rosika Schwimmer. Erika S. Chadbourn, Curator Emerita at Harvard Law School, and Judith W. Mellins of the Special Collections Department were both knowledgeable and forbearing in answering our numerous inquiries; their generous assistance made research a pleasure. The staffs of the Boston Public Library, Harvard Law School Library, and the Dimond Library at University of New Hampshire were also unfailingly helpful. At UNH, Reference Librarian Deborah E. Watson provided invaluable assistance, and
Page x
computer specialist Terri S. Winters unerringly guided our text through several waves of technological change.
The support of fellow historians and scholars has been crucial to our work. Research grants from the University of New Hampshire Graduate School assisted our initial verification of the letters. Harvard Law School's award of a Liberal Arts Fellowship to Christine Compston greatly facilitated completion of the research. Stuart Palmer, Dean of the College of Liberal Arts at the University of New Hampshire, aided our work at all stages. Gerald Gunther and Nadine Strossen read the entire manuscript and gave us the benefit of their incisive commentary. Robert H. Bremner, Susan Mennel, and Lucy Salyer read the introduction and raised important questions which we hope have been addressed. David Andrew, Robert N. Hudspeth, J. Willard Hurst, Sheldon M. Novick, John Rouman, and Jack Yeager gave us the benefit of their knowledge on particular subjects.
We wish to offer special thanks to those who have assisted our research and helped us to complete the task of organizing the manuscript. We acknowledge with appreciation Barbara Eggers, Petra A. Harris, and Carrie L. Leighton, who provided research support with intelligence and care. We are also grateful for the calm and effective assistance of Lee A. Calderone, Virginia M. Fish, Jane Fogarty, and Jeanne A. Mitchell.
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