Michael Smith and Herbert Packer research materials on the United States Court of Appeals for the Second Circuit
Conditions Governing Access
Conditions Governing Use
Extent27 boxes (27 linear feet)
The collection is focused on six influential judges who sat on the court's bench: Learned Hand, Augustus Hand, Jerome Frank, Charles Clark, Thomas Swan, and Julian Mack. It includes their opinions on cases heard in the court 1927-1954; transcripts of interviews by friends, colleagues and family members; research materials collected by Packer, Smith and their assistants about each of the judges; research note slips containing notes and citations; and collected writings, speeches and correspondence. Of note in the collection are ten copying books that belonged the Augustus Hand. These books contain copies of the letters written by Hand from 1914 to 1926.
Professor Herbert Leslie Packer, 1925-1972, was a member of the Stanford Law School faculty, 1956-1972. He had received his B.A. (1944) and LL.B. (1949) from Yale. During his career, Packer published four books: The Limits of the Criminal Sanction, Ex-Communist Witnesses: Four Studies in Fact Finding, The State of Research in Anti-Trust Law, and New Directions in Legal Education.
Professor Michael E. Smith, 1935-2009, spent his career as a professor of law at the University of California, Berkeley, School of Law, joining the faculty in 1967. He had one brief respite from teaching in 1976-1977 when he served as Chief Ftaff Counsel to the U. S. Court of Appeals in the District of Columbia. Smith received his B.A. (1956) from Haverford College, his M.A. in government (1963) from Harvard University, and his J.D. (1964) from the University of Michigan. Smith also returned to school later in his life, earning another M.A. (1982) in moral theology from the Graduate Theological Union in Berkeley. Through the course of his research on the Second Circuit, Smith published three articles on the subject: "Judge Charles E. Clark and the Rules of Civil Procedure," "How Liberated Was Judge Jerome Frank?," and "Justice on Appeal."
- Series I. Opinions, 1927-1954 1927-1954
Typescript opinions from the United States Courtof Appeals for the Second Circuit. The opinions are arrangedchronologically by year, and alphabetically by case name within eachyear.
- Series II. Interviews and Transcripts, 1958-1972 1958-1972
Transcripts of interviews conducted by Gerald Gunther (GG), HerbertPacker (HLP), and Jack Molloy(Molloy) of colleagues, friends, and family members of Judges Learned Hand, Augustus Hand, Jerome Frank, CharlesClark, Thomas Swan, and Julian Mack. The interview transcripts arearramged alphabetically by interviewee.
- Series III. Research materials
Background materials about the court and thejudges collected by Smith, Packer and their research assistants. Themajority of this series is divided up by judges. The categorizationof the files reflects Smith's and Packer's original arrangement.
- Series IV. Research note slips, 1910-1959 1910-1959
4"x6" cards containing citations and notes. Mostare arranged chronologically within file boxes that representdifferent research topics such as interest, patents, and the SupremeCourt.
- Series V. Correspondence, Publications, Writings, and Notes, 1921-1972 1921-1972
Primarily speeches written and presented byAugustus Hand, in addition to publications related to the court, andphotocopied letters of FelixFrankfurter.
- Series VI. Augustus Hand Copying Books, 1914-1926 1914-1926
Ten Chadwick Copying Books of August Hand. Analphabetical index is included at beginning of eachvolume.
Within each series and/or subseriesindividual items or folders are identified by box and folder number.For example, the number 5-12 corresponds to box 5, folder 12.
Immediate Source of Acquisition
- Michael Smith and Herbert Packer research materials on the United States Court of Appeals for the Second Circuit, 1910-1972: Finding Aid
- Harvard Law School Library, Cambridge, MA 02138
- EAD ID
Part of the Harvard Law School Library, Historical & Special Collections Repository
Harvard Law School Library's Historical & Special Collections (HSC) collects, preserves, and makes available research materials for the study of the law and legal history. HSC holds over 8,000 linear feet of manuscripts, over 100,000 rare books, and more than 70,000 visual images.
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