The Joy of Researching and Writing About Edward B. Burling and Joseph Welch

Previous posts have reviewed many aspects of the lives of Edward B. Burling, a prominent Washington, D.C. attorney, and of Joseph Welch, a prominent Boston attorney. (See Appendices A and B.) Those posts are the result of extensive research over many years and in many places besides Internet research on my home computer. Now I share how that research and writing has brought joy to my life. [1}

In 1982 I took a sabbatical leave from my Minneapolis law firm (then Faegre & Benson; n/k/a Faegre Baker Daniels) to teach a course about law at my alma mater, Grinnell College, and in my spare time I examined materials in the College Archives about these two gentlemen.

While on a business trip to Boston in 1985 I found spare time to examine a collection of Joe Welch Papers at the Boston Public Library. While focusing on those relating to the Army-McCarthy Hearings, I happened upon letters between Welch and Burling.

In 1986 I returned to Boston to attend the Harvard Law School’s Summer Program for Lawyers and discovered  in Harvard’s collection of the papers of Learned Hand, an eminent federal judge and one of my legal heroes, that he and Burling had been law school contemporaries and life-long friends. This further spurred my interest in Burling as I read their extensive correspondence. On this occasion I also visited Welch’s law firm and interviewed some of the other lawyers who were involved in the Army-McCarthy Hearings.

When I retired from the active practice of law in the summer of 2001, one of my future projects was to review all of the information that I had gathered and write articles about the two gentlemen, and I mentioned this project in an essay about retirement that was posted on the Internet by another law school friend as part of materials for a lawyers’ seminar.

In 2005 I was inspired to finish these papers when I received a totally unexpected call from Professor Roger Newman, the biographer of Hugo Black and a member of the faculty of Columbia University. Newman said that he was the editor of the forthcoming Yale Biographical Dictionary of American Law and asked if I would be interested in writing short biographies of Welch and Burling for that book. Newman said he had discovered my interest in these men from the just mentioned essay on the Internet. I said that I would be glad to do so.

I then retrieved my materials, did additional research and wrote the two 500-word biographies. (This Biographical Dictionary, which was published in 2009 by Yale University Press, was the first single-volume containing concise biographies of the most eminent men and women in the history of American law who had devised, replenished, expounded, and explained law. See Yale University Press, The Yale Biographical Dictionary of American Law (ISBN 978-0-300-11300-6),

These sketches, however, barely scratched the surface of what I wanted to say about Burling and Welch.. As a result, I did further research, including examination of several collections of original papers at the Library of Congress. My research about Burling and Welch now has been documented in multiple posts to this blog.

My interest in these two men was sparked by my sharing with them growing up in small Iowa towns, graduating from Grinnell College and prestigious law schools and becoming lawyers in major law firms in different cities and by meeting Burling in 1959 and hearing Welch speak at Grinnell in 1957. My research and writing about them enabled me to use my legal skills in projects that were personally important to me, rather than those that were driven by clients and courts. The research also produced many thrills of discovery, including some totally unrelated to these two men.

I am grateful that I have found great joy in doing this research and writing.

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[1] An earlier version of this post was published as Adventures of a History Detective (April 5, 2011).

Posts about Edward B. Burling to dwkcommentaries.com (Appendix A)

Katherine Graham’s Connections with Harry Hopkins and Edward B. Burling (Feb. 13, 2018), https://dwkcommentaries.com/2018/02/13/katharine-grahams-connections-with-harry-hopkins-and-edward-b-burling/

Edward B. Burling’s Early Years in Iowa, 1870-1890 (Feb. 17, 2018), https://dwkcommentaries.com/2018/02/17/edward-b-burlings-early-years-in-iowa-1870-1890/

Edward B. Burling’s Years at Harvard University, 1890-1894 (Feb. 18, 2018), https://dwkcommentaries.com/2018/02/18/edward-b-burlings-years-at-harvard-university-1890-1894/

Edward B. Burling: The Chicago Attorney, 1895-1917 (Feb. 19, 2018), https://dwkcommentaries.com/2018/02/19/edward-b-burling-the-chicago-attorney-1895-1917/

Edward B. Burling: The Federal Government Attorney, 1917-1918 (Feb.20, 2018), https://dwkcommentaries.com/2018/02/20/edward-b-burling-the-federal-government-attorney-1917-1918/

Edward B. Burling: The Prominent Washington, D.C. Attorney, 1919-1966 (Feb.21, 2018), https://dwkcommentaries.com/2018/02/21/edward-b-burling-the-prominent-washington-d-c-attorney-1919-1966/

Edward B. Burling’s Life-Long Friendship with Learned Hand (Feb. 22, 2018), https://dwkcommentaries.com/2018/02/22/edward-b-burlings-life-long-friendship-with-learned-hand/

Edward B. Burling: The Character of the Man (Feb. 25, 2018), https://dwkcommentaries.com/2018/02/25/edward-b-burling-the-character-of-the-man/

The Joy of Researching and Writing About Edward B. Burling and Joseph Welch (Feb. 26, 2018), https://dwkcommentaries.com/2018/02/26/the-joy-of-researching-and-writing-about-edward-b-burling-and-joseph-welch/

Posts About Joseph Welch to dwkcommentaries.com (Appendix B)

Joseph Welch Before the Army-McCarthy Hearings (June 14, 2012), https://dwkcommentaries.com/2012/06/14/joseph-welch-before-the-army-mccarthy-hearings/

The U.S. Army’s Hiring of Attorney Joseph Welch for the Army-McCarthy Hearings (June 8, 2012), https://dwkcommentaries.com/2012/06/08/the-u-s-armys-hiring-of-attorney-joseph-welch-for-the-army-mccarthy-hearings/

U.S. Senator Joseph McCarthy’s Nemesis: Attorney Joseph Welch (June 4, 2012), https://dwkcommentaries.com/2012/06/04/u-s-senator-joseph-mccarthys-nemesis-attorney-joseph-welch/

Attorney Joseph Welch’s Performance at the Army-McCarthy Hearings (June 6, 2012), https://dwkcommentaries.com/2012/06/06/attorney-joseph-welchs-performance-at-the-army-mccarthy-hearings/

President Dwight D. Eisenhower’s Involvement in the Army-McCarthy Hearings (June 12, 2012), https://dwkcommentaries.com/2012/06/10/president-dwight-d-eisenhowers-involvement-in-the-army-mccarthy-hearings/

President Eisenhower’s Secret Campaign Against Senator Joe McCarthy (July 27, 2017), https://dwkcommentaries.com/2017/07/26/president-eisenhowers-secret-campaign-against-senator-joe-mccarthy/

Joseph Welch After the Army-McCarthy Hearings (June 12, 2012), https://dwkcommentaries.com/2012/06/12/joseph-welch-after-the-army-mccarthy-hearings/

U.S. Senator Joseph McCarthy Encounters Langston Hughes at Minneapolis’ Guthrie Theater (May 13, 2012), https://dwkcommentaries.com/2012/05/13/u-s-senator-joseph-mccarthy-encounters-langston-hughes-at-minneapolis-guthrie-theater/

Legal Ethics Issues in the “Anatomy of a Murder” Movie (June 27, 2012), https://dwkcommentaries.com/2012/06/27/legal-ethics-issues-in-the-anatomy-of-a-murder-movie/

The Joy of Researching and Writing About Edward B. Burling and Joseph Welch (Feb. 26, 2018), https://dwkcommentaries.com/2018/02/26/the-joy-of-researching-and-writing-about-edward-b-burling-and-joseph-welch/

 

 

 

 

Edward B. Burling: The Character of the Man

This series about the life of Edward B. (“Ned”) Burling commenced with a post about his connections with Katherine Graham, the owner and publisher of the Washington Post, and then retreated in time to a post about his birth and early years in Iowa, 1870-1890, followed by a post about his four years at Harvard University in Cambridge, Massachusetts, 1890-1894, another post about his 22 years as a Chicago attorney, 1895-1917, a post about his two years as a federal government attorney in Washington, D.C., 1917-1918 and another about his 48 years as a prominent private attorney in Washington D.C., 1919-1966. The last highlighted his long friendship with Learned Hand, a notable federal judge on the Second Circuit Court of Appeals. Now we examine Burling’s overall character. [1]

Burling’s Generosity

Ned accumulated substantial wealth through the practice of law and investments, and his generosity was shown by his gift of $700,000 to his alma mater, Grinnell College, towards the Burling Library‘s total cost in 1959 of $1.3 million ($6.0 million of $11.1 million in February 2018 dollars) But he insisted the Library not be named after him; instead, as the original plaque at its entrance stated, it was named “in memory of Lucy B. Burling 1841-1936,” the benefactor’s mother.

He also made other direct, usually anonymous, gifts to the College  plus financing some students’ expenses. In short, he was a major contributor to the College. Other gifts to the College by his second wife and widow, Bertha Blake Burling, were the Burling mansion in the Embassy Row area of Washington, D.C. and their Maine summer cottage.

Burling also endowed the College’s Linn Smith Prize for Excellence in Mathematics. Smith was a native Iowan and a 1920 honors math graduate of Grinnell who drowned while taking care of Burling’s two young sons at New Hampshire’s Cornish Colony and whom Burling unsuccessfully tried to rescue. Burling was very upset about the drowning and said that Smith was “sweet tempered, devoted and unselfish. If he had been meaner or more faithless, or selfish he would have survived. . . . He had this notion which poor boys that go to Grinnell are apt to get, that is they glory in sacrificing themselves, go without food, go without pleasure, generally go without and your record is sure. I say the only consequence of that philosophy is that you get nothing.”

His generosity was not limited to the College. He anonymously helped other young people attend other colleges and cope with other necessities. After his death, his widow endowed the Edward B. Burling Chair in International Law and Diplomacy at The Johns Hopkins University’s School of Advanced International Studies. Ned along with Paul Nitze (a U.S. diplomat) and Christian Herter (another U.S. Secretary of State) had helped to establish this School in the 1940’s, and Burling had served on its Advisory Council until his death. In similar vein, some of his friends established a scholarship in his name at the Harvard Law School.

Burling’s Other Qualities

After his death some of his friends added their tributes. Dean Acheson, his law partner and former Secretary of State, said that Burling often gave the impression of “being tough, and worldly, and cynical and brutal,” but he really was generous, warm and compassionate. Burling was known, said  Acheson, for a “rare originality and power of mind, a teasing sardonic wit and willful friendships and dislikes.”

Thomas Gardiner Corcoran described his friend as “Poet born, his poetic imagination penetrated everything he touched–the breakthrough of the Bull Moose movement–the law firm he transmuted from a ‘dusty answer’ to the excitement of a 51st state–the self-regenerating waves of compassionate intelligence he se moving as a part of all he met–and he met everybody.” In addition, Corcoran noted, “Uncle Ned lived beyond himself in the hundreds of younger men he gave courage to outdo themselves in confidence of his never-failing support win or lose.”

In similar vein, another friend, John Lord O’Brian, said, “His deep personal interest in the affairs of [C&B} . . . and the selection of partners and associates became his chief interest. This, however, did not prevent his accumulating a group of remarkable friends chiefly in the field of public affairs. His quizzical humor and occasional affectations of worldliness concealed a curiously sensitive and compassionate nature, and gave a unique flavor to his personality. Always reticent about his personal affairs, he was singularly generous in his gifts and discriminating in his help to innumerable individuals.”

The Burling genealogist described Ned as “[a]ambitious and brilliant . . .; personable, charming, and gregarious (many friends and acquaintances of high standing); robust; outspoken and humorous . . .; largely generous.” On the other hand, according to the genealogist, he was “careless of personal relationships, and evidently not too well suited to monogamy.” Indeed, he once shocked a young relative by asking what she thought about his having had many extramarital affairs.

One of his closest friends concluded that Ned was exceptional in “his extraordinary capacity for drawing into the circle of his friendship men gifted with unusual intellectual perceptiveness” or “men of extraordinary ability.” The previous list of frequent guests at Burling’s Cabin is but a brief glimpse at this circle of friendship. Ned was also skillful in “drawing out the views of other people while he himself listened” and “the interplay of his whimsical humor that produced the charm and the flavor.”

Conclusion

Humble or modest he was not. At age 96, he said, “I was a piece of good luck for father, mother, brother and two sisters. To some extent, some more and some less, they were benefited by my being in the world.”

The concluding post in this series will share this blogger’s joy in researching and writing about Burling (and another Grinnell College eminent alumnus, Joseph Welch).

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[1[ Citations to the sources for this post are found in this blogger’s Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)(18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives).

 

 

 

 

Edward B. Burling’s Life-Long Friendship with Learned Hand

This series about the life of Edward B. (“Ned”) Burling commenced with a post about his connections with Katherine Graham, the owner and publisher of the Washington Post, and then retreated in time to a post about his birth and early years in Iowa, 1870-1890, followed by a post about his four years at Harvard University in Cambridge, Massachusetts, 1890-1894, another post about his 22 years as a Chicago attorney, 1895-1917, a post about his two years as a federal government attorney in Washington, D.C., 1917-1918 and another about his 48 years as a prominent private attorney in Washington D.C., 1919-1966.[1]

Friendship with Learned Hand

Learned Hand

Burling and Learned Hand met for the first time in their first year at Harvard Law School in 1891 and thereafter developed a life-long friendship while Hand was an eminent federal judge. [2] Burling once said, Hand was “much more intelligent [than other people and] appreciates me and understands me. [He is] … the only worthy recipient of my most intimate confessions.” These confessions included the following:

  • “One of my present theories is that it doesn’t pay to be good.”
  • “I know [in 1925] I do not want to practice law. I know I do not want to be a judge. I know I want to have pleasant, amiable, witty, gay people around me. I know I am tired of politics . . . . I want poetry, love, wine, interesting books, wide, comfortable bed with fresh bed clothing, looking out into gardens with bloomi ng trees . . . . I want to be moderately rich and have nice food and a smooth running automobile. . . . Somehow I feel I am going to get what I want.”
  • In 1959, Burling lamented that he was “afflicted with what you call  ‘frivolousness’ ” and that “this human pilgrimage seems to me really more awful, more terrifying and more pathetic than it does to most other people. I cannot bear to admit how terrible it really is. Therefore, I act in a rather silly fashion. I do the inappropriate thing. I offend the earnest, godfearing company. What I am apt to say sounds in bad taste.”

In 1925, Burling and Hand exchanged comments about the good life that were prompted by questions from a young man who was thinking about applying for a Rhodes Scholarship. Burling, advising the young man not to apply and instead to go into business, said that he believed four things were good: (1) “Freedom from compulsion by others, whether economic, social or political.” (2) “An active mind that keeps being interested in the changing panorama and its own operation.” (3) “Direct contact with nature.” (4) “The society of the few people of whom you are really fond.” This list, Burling added, did not include “success, power, achievement, position, least of all ‘service to humanity.'”  Hand disagreed, saying that the man should apply for the Scholarship and that “the life of the mind offers the most permanent and lasting satisfactions.”

Burling also shared with Hand observations about the political events of the day, including the following:

  • After the end of World War I Burling criticized the League of Nations as proposed by President Woodrow Wilson because it was not like the league Teddy Roosevelt had proposed, i.e., it was “not an association between nations freely entered into for the purpose of preserving boundaries established by tradition and usage”and instead was “an alliance for the purpose of perpetuating a military ascendancy over defeated nations.”
  • After the 1928 Republican Party convention, Burling said, “Never was a man of God [Herbert Hoover] more ably assisted by gentlemen who are not unknown in more worldly haunts.” Hoover “will smother Al. Smith–He is an extraordinary phenomenon. He will dominate American affairs for 8 years and after that will be the arbiter. . . . [You] will also see Hoover playing the game very successfully. . . . It will be the most powerful administration in the memory of man–and he will be a good party man. He will run the party. A man of God who is practical–you cant [sic] beat that combination.” (Emphasis added.) Apparently Burling had forgotten his inability to get along with Hoover at the U.S. food Administration in 1917. Ned also did not anticipate the Great Depression and FDR.
  • Soon after the start of what became World War II, Ned observed that “the thing for old men to do is to be as gay as we can be and just recognize that all things are subject to change. . . . There is something in us that craves permanence, finality; and yet we should be able to see that it is and always has been an idle dream. I am not in the least an optimist. . . . I think it is quite possible that for centuries the world will get worse, and that the world will be ruled by murder, treachery, brute force, but if that is the kind of animal man is, the thing to do is to recognize it and made such adjustments to it as are necessary. We always knew that in the past civilization had fallen before inroads of vigorous barbarians. What we did not foresee was that barbarians may organize in our very midst. But if that is what it is, we must deal with it as it is. . . .” Burling continued, “Although . . . society may proceed downward for centuries, I am rather inclined to think that will not be true. I rather think that this is like the eruption of a violent disease, and that the disease will subside. I think there must be many many people in the world who would like to surpress the armed murderer [Hitler?], and I believe that sometime they will be able to assert their power and that there will be an armed force controlled in the interest of a peaceful world that will keep the law breakers down.”
  • In the Spring of 1950 while touring Europe, Ned thought it not apparent “why the U.S.A. is first power in the world. Europe as a whole seems to me to have a sturdier population with more dependable qualities, the soil is fertile and it has all the natural resources. In the long run it may be that Europe will maintain its primacy.”
  • In the summer of 1952 Ned reacted to the presidential nominations of Adlai Stevenson and Dwight D. (“Ike”) Eisenhower. Stevenson, he believed, “will be hard to beat. His two speeches before the [Democratic] Convention were different from most political addresses. In the contest with Ike, he is going to be on his own ground. Ike is a novice. But in any case we are fortunate in having two such candidates.”
  • Ike and Nixon, of course, won the 1952 election, and four years later, Ned reflected on a re-run of the 1952 election.  He was most pleased by “the way Truman fell on his face [at the Democratic Convention]. He seemed to me like a bouncy monkey on a stick” or “a very cheap little ward politician.” Ned added, “The charm that Eisenhower’s personality exerts is an extraordinary phenomenon. But the Republican Party is relying too much on that. . . . After all, since 1952 the Democrats have been winning about every election–local and national. And [Adlai] Stevenson is a much abler campaigner that he was four years ago. And many, many people will not vote Republican because of Nixon.”
  • During the 1964 presidential campaign, Ned supported Lyndon Johnson, the Democrat, against Barry Goldwater, the Republican. At a White House dinner, Burling told Johnson that as the sole survivor of the Bull Moose Party, Burling could assure Johnson that he had the unanimous support of that Party.
  • Just after the inauguration of Lyndon Johnson as President in January 1965, one of Burling’s friends reported that at the annual dinner of one of their clubs, Richard Nixon had given a very witty “acceptance” speech for their satirical nomination of him for President. Nixon described himself as “the most over-nominated and under-elected man in history.” Nixon continued by saying that  he was opposed to the impeachment of Chief Justice Earl Warren because at 73 the justice was an old man and instead should be retired by setting age 72 as a mandatory retirement age for Supreme Court Justices and that “Bobby Kennedy was engaged in the process of becoming the father of his country.”

Conclusion

The above tidbits were discovered in my rummaging through Judge Learned Hand’s file of correspondence with Ned that was part of the Hand Papers at the Harvard Law School Library. When I finished reading the file, I was disappointed that most of the letters discussed what seemed like trivial matters and did not engage in intelligent discussions of the important issues of the day. I had forgotten that they were dear friends who enjoyed staying in touch and looking forward to  being together again.

The next and penultimate chapter in this account of the life of Burling will discuss the character of the man.

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[1] Citations to the sources for this post are found in this blogger’s Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)(18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives).

[2] The definitive biography of the judge, Learned Hand: The Man and the Judge (2d ed., Oxford University Press, 2011), was written by Gerald Gunther (1927-2002), a prominent constitutional law scholar and professor at Stanford Law School.

 

 

 

 

Edward B. Burling, The  Prominent Washington, D.C. Attorney, 1919-1966

This series about the life of Edward B. (“Ned”) Burling commenced with a post about his connections with Katherine Graham, the owner and publisher of the Washington Post, and then retreated in time to a post about his birth and early years in Iowa, 1870-1890, followed by a post about his four years at Harvard University in Cambridge, Massachusetts, 1890-1894, another post about his 22 years as a Chicago attorney, 1895-1917, and a post about his two years as a federal government attorney in Washington, D.C., 1917-1918.[1]

Burling’s Private Legal Career in Washington, D.C.

In 1919, Burling co-founded the Covington & Burling law firm (C&B and n/k/a Covington) and thereafter served as its de facto managing partner. In the words of his partner and former U.S. Secretary of State, Dean Acheson, Ned helped to create “a practical organization, engaged in achieving practical ends, for real people, who were in real trouble.” To that end, Burling hired talented recent law school graduates, gave them responsibility as soon as possible and compensated them on the basis of merit, rather than seniority.” Burling also developed a personal practice focusing on corporate transactions and federal taxation.

C&B’s first big case shortly after its founding was a contingent fee case for the Kingdom of Norway against the United States for $16 million arising out of the U.S. taking of contracts for ship construction during World War I. For assistance, Burling hired his old law school friend, George Rublee, and the 28-year old Acheson, who had just finished a clerkship with U.S. Supreme Court Justice Louis Brandeis. Recognizing Acheson’s talents, Ned asked him to argue an important and difficult issue in the six-week hearing before the arbitral panel at the Peace Palace at The Hague. During the young Acheson’s argument, Burling slipped him a terse note: “Shut up.” Acheson, however, ignored this order and continued the argument, which lead to an important concession by the other side (the U.S.). The result was a 1922 award of nearly $US 12 million to Norway and a subsequent Norwegian knighthood for Burling.

Later Burling ironically pointed out that after Acheson made his very first court argument at the Peace Palace, the rest of his legal career would all be downhill. Fortunately for the law firm and the U.S. that was not true. Whenever Acheson was not holding high positions in the U.S. Government, he was practicing law at C&B. Through it all, Acheson and Ned had a strong friendship. Shortly after Acheson became Secretary of State in 1949, Burling wrote to him,

  • “I have been impressed by the growing kindness and consideration for others that you have shown. The absence of any feeling of importance is rare in one who has attained the high office that is yours. And at the same time a growing strength is apparent. Your head has always been better than other heads but once you were inclined to defer to more assertiveness. You show less of that trait. And you have no reason to yield your opinion when you have come to a considered conclusion. You have a right to believe that your conclusion is probably better than what will be offered by anyone else. So trust in yourself and go ahead and do a swell job for the world.”

A year later, Burling observed that Acheson was “one of our great men. Great, I mean, looking at the entire history of our country. I am greatly impressed by the way he has grown. He is a powerful figure.”

As noted in previous post about Burling and Katherine Graham, on October 3, 1996, Edward B. Burling died at age 96 in Washington Hospital Center. According to an editorial in his honor in the Post that Graham may have helped write,  Burling was the city’s “grand old man of the law [who from] the days when he was graduated from Harvard Law School in 1894, with one of the best records ever made there, he had been an outstanding legal scholar. And with the law as the base of his operations, he also  exerted a substantial influence in the fields of business, government and community relations.”

The editorial also stated that at the C&B law firm the “scholarly and retiring Mr. Burling, who made a specialty of cultivating and training brilliant young lawyers, was chiefly responsible  for keeping the firm’s performance  at a high level of professional excellence.”

Covington is still one of the world’s preeminent law firms with over 1,000 lawyers in 12 offices in the U.S. and around the world, and it remains dedicated to the founders’ values of excellence, tolerance, integrity and commitment to public service and professionalism [1]

Conclusion

We next will look at some of the highlights of Burling’s life-long friendship with Learned Hand.

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[1] Citations to the sources for this post are found in this blogger’s Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)(18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives).

 

 

 

Edward B. Burling, The Federal Government Attorney, 1917-1918

This series about the life of Edward B. Burling commenced with a post about his connections with Katherine Graham, the owner and publisher of the Washington Post, and then retreated in time to a post about his birth and early years in Iowa, 1870-1890, followed by a post about his four years at Harvard University in Cambridge, Massachusetts, 1890-1894 and another about his 22 years as a Chicago attorney, 1895-1917.[1]

The Federal Government Attorney

In 1917, at age 47, Burling finally did manage to leave Chicago to go to Washington, D.C. Though the urging of a law school friend, he became a lawyer for the U.S. Food Administration,  which was an agency for the purchase and sale of foodstuffs and stabilizing the U.S. market price of wheat and which was directed by Herbert Hoover, another native Iowan from the small town of West Branch and, of course, a future U.S. President.

However, the two men did not get along with one another, and Ned immediately left this position to be a lawyer (and then General Counsel) for the U.S. Shipping Board, which was responsible for organizing U.S. shipyards during World War I, a position he held through the end of the war in 1918.

Burling relished the life of a top government lawyer. As he said at the time to his friend Learned Hand, “It’s like expecting a country girl who has spent her entire life milking cows to go back contentedly after she has been to the city–seen the bright lights and been screwed. That’s the way I feel–my first big screw. And I want more of it.”

At the Shipping Board Burling crossed paths with another future Grinnell College luminary, Joseph Welch, then one of its young lawyers.  Welch later observed that in 1918 he was 28 while Burling was 48 and whenever he wrote a letter for Burling’s signature, Ned’s “first act was to seize a pen and sign it. Then you would read it and often suggest a change. But that beautiful gesture of confidence gave me so much happiness,” and Welch thereafter emulated that practice.[1]

Later Connections Between Burling and Joseph Welch

Parenthetically, 36 years later, in 1954, their paths again crossed, albeit indirectly.  One of Welch’s clients in the Army-McCarthy hearings at that time, John G. Adams, thought that Welch was not doing a good job in defending him before the committee. As a result, Adams met with Burling to see if Covington & Burling could represent Adams. Burling’s response: Adams probably would not want the firm to represent him because one of its partners (Donald Hiss) was the brother of Alger Hiss, who had been convicted in 1950 for having provided classified documents to an admitted Communist, Whittaker Chambers. Having Burling’s law firm represent Adams, it was suggested, would leave the firm and Adams open to an attack by McCarthy. As a result, the law firm did not enter the McCarthy arena.

Indeed, the law firm’s connections with Donald and Alger Hiss were deep. In July 1949 Alger Hiss’ federal-court trial for perjury for testimony before the House Un-American Activities Committee ended in a hung jury, splitting 8 to 4 for conviction. Burling and his law partners were upset by the lack of an acquittal, and Burling thought Hiss’ well known attorney had made serious errors in defending the case.[2]

Conclusion

The next installment in this series about Burling will be a summary of his distinguished career as a Washington, D.C. attorney in private practice, 1919-1966.

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[1] Citations to the sources for this post are found in this blogger’s Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)(18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives).

[2] Posts about Joseph Welch are listed in the “Joseph Welch and Senator Joseph McCarthy” section of List of Posts to dwkcommentaries—Topical: United States (HISTORY).

 

 

 

 

 

 

 

 

 

 

 

 

 

Edward B. Burling: The Chicago Attorney, 1895-1917

This series about the life of Edward B. (“Ned”) Burling commenced with a post about his connections with Katherine Graham, the owner and publisher of the Washington Post, and then retreated in time to a post about his birth and early years in Iowa, 1870-1890, followed by a post about his four years at Harvard University in Cambridge, Massachusetts, 1890-1894.[1]

The Chicago Attorney

After finishing Harvard Law School with such a distinguished record, Ned had high hopes of obtaining a job as a young lawyer and earning good money. But that did not happen, given the law firm practices of the day.

Instead in 1895 he started with a Chicago firm at barely more money than he had made in 1887 at the Eldora grocery store. He continued to engage in the private practice of law in Chicago plus serving as Assistant Corporation Counsel for the City of Chicago through 1917, eventually making more money doing the typical work of most lawyers of the time and engaging in profitable real estate development in the Winnetka area on the North Shore.

He got married in 1902 to Louisa Green Peasley, the daughter of a wealthy and well connected Chicago businessman, and they had two sons, Edward Burling Jr. (1908) and John L. Burling (1912). But Ned was bored with his Chicago life.

In his efforts to leave Chicago, Burling in 1915 sought the Washington, D.C. position of General Counsel of the then new Federal Trade Commission with the support of Louis D. Brandeis, then a practicing Boston attorney, and Cyrus McCormick, the son of the inventor of the grain reaper and the owner of the International Harvester Company. But Ned did not receive the appointment and thus remained in Chicago for the next two  years.

During his Chicago years, however, Burling got a taste of politics. In 1896 he was a spectator at the Democratic National Convention in Chicago to hear William Jennings Bryan’s “Cross of Gold” speech, and in 1912 Burling was active in the Bull Moose Party that nominated Theodore Roosevelt for President. His allegiance to “the Rough Rider” persisted. In 1921, he told Learned Hand that Ned agreed “with everything that T.R. ever said” on political subjects, and throughout his life Ned often joked that he was  that Party’s sole survivor.

In the summer of 1911 Burling and his family spent the summer at the Cornish Colony in Cornish/Plainfield, New Hampshire and later bought a summer home in the Colony where they went every summer. It was a gathering place for artists, musicians, writers, journalists, lawyers and businessmen, including Judge Learned Hand (Ned’s great friend), Ethel Barrymore and President Woodrow Wilson.

Shortly before Burling left Chicago in 1917, he made an investment that proved to be one of the most important events in his life. He started a small surplus trading company that eventually became one of the largest metal-cutting tool manufacturers in the U.S.[1]

Conclusion

The next chapter of this recounting of the life of Burling will cover his two years as a federal government attorney in Washington, D.C.

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[1] Citations to the sources for this post are found in this blogger’s Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)(18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives).

 

 

Edward B. Burling’s Years at Harvard University, 1890-1894

This series about the life of Edward B. Burling commenced with a post about his connections with Katherine Graham, the owner and publisher of the Washington Post, and then retreated in time to a post about his birth and early years in Iowa, 1870-1890. Now we look at his four years at Harvard University in Cambridge, Massachusetts.[1]

 Harvard College, 1890-91

For the  academic year, 1890-91, a wealthy relative (Perkins Bass) paid for Ned (and his brother James) to attend Harvard College, where they each earned another B.A. degree in 1891. Again Ned worked hard at his courses, earned good marks and made no friends.

Harvard Law School, 1891-94

In the Fall of 1891, at the suggestion, and again with the financial assistance, of Perkins Bass, Ned started at the Harvard Law School. The three years there, in contrast to his other years of higher education, were “very happy, satisfactory.” He did very well in his classes and was a member of the Harvard Law Review, finishing with “highest honors” and a LL. B. degree in 1894. Moreover, Ned became good friends with classmates, especially with Learned and Augustus Hand, both of whom became noted federal judges, and with George Rublee, who became a public-spirited U.S. lawyer who involved himself with state and national political reform during the Progressive Era (1910-1918) and with international affairs from 1917 to 1945.

Immediately after law school, Perkins Bass financed a nine-month tour of Europe for Ned to accompany one of the Bass sons. Later Ned commented that the trip turned out to be a handicap or burden, rather than a blessing, because it exposed him to the glamorous life of the wealthy and “diverted my attention from my main undertaking, which was to earn a living.”  As that old song goes, “How are you going to keep them down on the farm, after they’ve seen Paree [Paris]?”

Conclusion

The next installment of the Burling saga will discuss his years as a Chicago attorney, 1895-1917.

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[1] Citations to the sources for this post are found in this blogger’s Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)(18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives). A subsequent post will discuss Burling’s life-long friendship with Learned Hand.

 

 

 

 

 

Edward B. Burling’s Early Years in Iowa, 1870-1890

Edward B. Burling (known familiarly as “Ned”) had a distinguished career as a prominent lawyer in Washington, D.C. and as we saw in a prior post was a friend of Katherine Graham, the owner and publisher of the Washington Post, whom Merl Streep played in the current film “The Post.”

Now we commence a chronological examination of Burling’s life. This first installment looks at his humble and modest early years in Iowa. [1]

Eldora, Iowa, 1870-87

Burling was born in the small, frontier village of Eldora, Iowa in 1870, during the presidency of Ulysses S. Grant and just five years after the end of the U.S. Civil War, and Ned grew up there in very limited circumstances.[2]

His father, Edward Burling, after his clothing store went bankrupt, apparently never did much work while Ned’s mother, Lucy Burnham Burling, worked hard to raise four children and to send all of them to college, three to Grinnell– James P. (Class, 1889), Ned (Class, 1890) and Helen (Class, 1895). [3]

Thereafter Ned did not forget Eldora. He built a house in the town for his mother in the early 20th century and afterwards returned to visit her several times a year. The surrounding countryside, he said, “is lovely to look at . . . and is the country my eyes first rested on. And that always makes a difference.”

Ned carried a life-long love for his mother and hostility towards his father, who also was named Edward. The son even said, “Meeting him [his father] was a great misfortune for my mother,” who after marrying his father was “very poor.” But having “a ne’er-do-well father,” Ned often said, meant that “he had no psychoses and no omnibrooding [sic] presence to oppress.” [1] To the surprise of this author, Ned apparently never expressed remorse over his not having reconciled with his father before the latter’s death in 1907.

Although Ned’s Burling family is regarded as a major American family whose origins in America go back to the late 17th century, Ned’s dislike of his father carried over to all his Burling ancestors, in contrast to his mother’s family, the Burnhams. As Ned said, “The Burlings, it always seemed to me, were shallow, showy, pleasant, agreeable, irresponsible. The Burnhams were the opposite in every respect, careful, prudent, earnest, intelligent, honorable, high minded.”

This personal background undoubtedly underlay Ned’s  rejecting Grinnell College President Howard Bowen’s suggestion that the Library be named after the successful lawyer alum himself who had made the  major financial contribution for the new library in 1959-60. Instead Burling insisted that it be named in honor of his mother without any mention of his father. Perhaps Ned secretly contemplated having the Library named “The Burnham Library.”

Ned claimed that his concern for his mother’s poverty inspired him at an early age to earn money and that after the age of 14 he always paid for his own board. As a teenager he got a job at an Eldora grocery store where he soon learned finance and human nature, years he later described after all of his successes in law as “the most important years of my life.”

Grinnell, Iowa, 1887-1890

It, therefore, was with great reluctance that Ned left Eldora and the promise of a job with an express company to go to another small Iowa town, Grinnell, at his mother’s insistence that he obtain a college education.[4]

Because of the inadequacies of his Eldora 8th grade education, he first had to attend the Grinnell Academy, completing in one year its secondary-school course of three years of Latin and one year of Greek.

In his subsequent desire to finish college as soon as possible in order to start making money again, Burling finished his college courses in two years, earning a B.A. in 1890. He did not “enjoy any part of the three years [at Grinnell]. I was poor, inadequately fed, with a blotched complexion, badly dressed, unattractive to the girls.”  He claimed not to have participated in any extracurricular activities, yet the college annuals list him as being a member of the Grinnell Institute (men’s literary society) and the Critical Association (classical studies group) and having the role of Oedipus Rex in a production of that play.[2] His downplaying the influence of Grinnell is belied by his later admission that he had first “found himself” at Grinnell.

The Academy and the College in those years, 1887-90, were very small. Fewer than 200 students attended the Academy; fewer than 300, the College. Only four buildings (Alumni Hall, Blair Hall, Chicago Hall and Goodnow Hall) served the students with one dormitory for women (Ladies Boarding Hall). Other women and the men had to live in private boarding houses.

 Conclusion

The next installment of the Burling saga will move to Massachusetts and Ned’s five years at Harvard’s  College and Law School.

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[1] The references for this post can be found in the blogger’s “Edward Burnham Burling: The College’s Quiet Benefactor” (April 2008), a copy of which is in Grinnell College’s Special Collections and Archives. https://www.grinnell.edu/libraries/archives  One of the sources is now online: Jane Thompson-Stahr, The Burling Books: Ancestors and Descendants of Edward and Grace Burling, Quakers 1600-2000] (Vol. I)I(2001).

[2] In 1870, the year of Burling’s birth, Eldora’s population was 1,268, and its population peak of 3,553 occurred in 1940.   The town’s official website is https://www.eldoraiowa.com.

[3] James P. Burling also was a distinguished Grinnell and Harvard graduate; he became a Congregational minister and received a Grinnell honorary D.D. in 1914. (Burling Books at 901-05.) Two of his children were also Grinnell alums– F. Temple Burling (Class, 1917) and Helen Burling Kronwall (Class, 1920)–as were two grandchildren–James P. Burling II (Class, 1952) and Nicholas B. Kronwall (Class, 1957)–and one great-grandchild–F. Temple Burling (Class, 1985). (Burling Books at 905, 1079-81, 1207-09. Yet Brother Ned apparently ignored James’ happy home life while disparaging James as unenergetic and unambitious. (Burling Books at 902.)

[4] The population of the town of Grinnell, 1897-1890, was approximately 3,000. It now has an estimated population of approximately 9,000.

Katherine Graham’s Connections with Harry Hopkins and Edward B. Burling

As the owner and publisher of the Washington Post in the current move, “The Post,” Katherine Graham, as played by Meryl Streep, is an important participant in the real-life drama of the Post’s publication in 1971 of the Pentagon Papers. The film also has glimpses of her involvement in the Washington social scene, including  friendships with John F. Kennedy and Jacqueline Kennedy OnassisRobert F. KennedyLyndon B. JohnsonRobert McNamaraHenry KissingerRonald Reagan, and Nancy Reagan among many others. Below are photographs of Graham herself and of Meryl Street as Graham.

Graham’s memoir, Personal History from 1997, mentions her connections in 1941 with Harry Hopkins (HH) and Edward Burling, both Grinnell College alums.[1] Their photographs are below.

Harry Hopkins
Edward B. Burling

 

 

 

 

 

U.S. Preparation for War, 1941

In or about late May 1941 Katherine’s husband, Phillip (“Phil”) Graham, was finishing clerkships for U.S. Supreme Court Justices Stanley F. Reed (1939-40) and Felix Frankfurter (1940-41) and finding his next position in the midst of the increasing threat of the U.S.’ becoming involved in what became World War Ii. In that search Phil met with Robert Lovett, then Assistant Secretary of War for Air, who suggested Phil see about working for HH, who was President Roosevelt’s principal assistant.

That June Phil met with HH, who was in failing health, at his bedroom/office in the White House. HH immediately asked, “Why the hell aren’t you in the Army?” Phil responded that the Head of Naval Intelligence had advised him to wait a few months before deciding how to become directly involved in the war effort. Eventually HH suggested that Phil talk with Oscar Cox about working for him at the Lend-Lease Administration while spending three days a week with HH.

Phil already had tentative arrangements to work for Cox and did so shortly thereafter. Cox said that working directly for HH probably would not have worked out. According to Cox, “HH was a peculiar cuss, worked very irregularly, and probably would never get a real assistant.”

While at Lend-Lease, apparently in August 1941, Phil (age 26) and Joe Rauh, Jr.,(age 29), the latter of whom later became a prominent civil rights lawyer, sent a memo to President Roosevelt advising immediate and significant increases in U.S. production of bombers for the war. HH immediately responded: “You shouldn’t bother the President with things like this and besides it isn’t true.” Phil and Joe were worried that their Washington careers were over so they went to see Bob Nathan, director of research at the Office of Production Management and learned that U.S. production of bombers was even worse than they had thought.

That same summer, on a Sunday afternoon, Phil and Katherine went for lunch at the Virginia log cabin owned by Burling. Also present was Robert Patterson, the Undersecretary of War, and according to Katherine’s memoir, “the arguments on preparedness were being waged at the top of everyone’s lungs. Of course, I worried that Patterson was unused to this mode of discourse and would think that everyone arguing was insane, and when we got home I told Phil that their manners in front of this august figure had been appalling.” (Emphasis added.) Whose manners was she referencing? The Burlings? Everyone at the gathering except for Mr. Patterson?

Personal Involvement with Mr. Burling

In the Fall of 1959 while attending the Washington Semester at American University  I called Mr. Burling to thank him for his generous donation to Grinnell College for its new library that is named in honor of his mother.  At his invitation, I joined him at his law firm for an enjoyable conversation over coffee and then after being picked up by his personal chauffeur, at his Cabin on a Sunday afternoon. Little did I know at the time that such a Sunday afternoon had become a famous Washington institution. I do not recall our conversations other than my talking about my studies at Grinnell and AU, but I do remember how Burling, then 89 years old and clad in a wool plaid shirt, vigorously chopped wood on a beautiful fall afternoon. (Now I wish I had been journaling to document these meetings.)

 Edward Burling’s Death[2]

On October 3, 1996, Edward B. Burling died at age 96 in Washington Hospital Center. According to an editorial in his honor in the Post that Graham may have helped write,  Burling’s “greatest diversion was a primitive log cabin that he built some 40 years ago on the shore of the Potomac near McLean. During the ‘30s and ‘40’s the cabin served as a meeting place for scores of scholars and diplomats and leaders. ‘They would gather to chop wood, eat well, and settle the problems of the world,’” said one of his law partners.

His obituary in the Post also mentioned that his introduction to politics came when he sat on a rafter at the 1896 Chicago convention of the Democratic Party and heard William Jennings Bryan deliver his famous “Cross of Gold” speech. Later Burling supported Teddy Roosevelt’s presidential candidacy in 1912 for the Progressive Party (a/k/a the Bull Moose Party), and subsequently Burling often described himself as the sole survivor of that Party. A few months after the end of World War I, Burling co-founded what became the prominent Covington & Burling (“C&B”) law firm (n/k/a Covington). He strongly opposed FDR’s New Deal and often joked that the law firm’s success was due to those measures. He was a lifelong Republican yet was a strong supporter of Lyndon Johnson in the 1964 presidential election against Barry Goldwater, the Republican presidential nominee.

The very unusual Post editorial about Burling that was simply entitled “Edward B. Burling” said he was the city’s “grand old man of the law [who from] the days when he was graduated from Harvard Law School in 1894, with one of the best records ever made there, he had been an outstanding legal scholar. And with the law as the base of his operations, he also  exerted a substantial influence in the fields of business, government and community relations.”

The editorial also stated that at the C&B law firm the “scholarly and retiring Mr. Burling, who made a specialty of cultivating and training brilliant young lawyers, was chiefly responsible  for keeping the firm’s performance  at a high level of professional excellence.”

The Burling cabin captured further comment in the editorial.  “For many years his cabin on the Potomac . . . was a center of cerebral ferment on  Sunday afternoons. Following a morning tramp through the woods and a hearty meal he loved to join in lively debate with judges, lawyers, government officials and others in the quiet surroundings of ‘The Cabin.’ These sessions will long be remembered by a vast number of his associates and friends in high places.”  The conclusion of the  editorial stated, “His great achievement was not merely longevity, but a sustained flow of energy and ideas and a passionate interest in the problems of humanity. His monument is already built in the minds of his associates and in the annals of this world observation post.”

Conclusion

Inspired by my brief encounter with Mr. Burling, his generosity to our alma mater Grinnell College and my interest in history, I later conducted research about him and wrote his biographical sketch in The Yale Biographical  Dictionary of American Law (p. 85) and a short article about him for The Grinnell Magazine and a longer essay that is on file with the College’s Archives.[3] These matters will be explored in  subsequent posts.

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[1] Katherine Graham, Personal History at 133-35 (Knopf, 1997).

[2] Obituary, Edward F. [sic] Burling, dies at 96; Founder of District Law Firm, Wash. Post, p. B4 (Oct. 4, 1966); Editorial, Edward B. Burling, Wash. Post (Oct. 5, 1966).

[3]  Edward Burnham Burling, Grinnell’s Quiet Benefactor, Grinnell Magazine, Summer 2009, at 21; Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)( 18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives). The last of these has citations to the sources.

Reflections on Learning and Teaching

As a student of history, economics, political science, law and other humanities courses at six colleges and universities[1] and as an instructor at three such institutions,[2] I have participated in different ways of instructing and learning such bodies of knowledge and skills: college and university lectures, other lectures; seminars, research and writing; tutorials; the Socratic method; and role-playing. Similar methods were used in my practice as a litigating attorney and now as a blogger and ordinary citizen. Underlying all of them, of course, are reading and studying. Here are a septuagenarian’s lessons in life-long learning.

My thinking about this subject and writing this blog post were prompted by a recent article about the lecture as a mode of instructing and learning. That article by Molly Worthen, an Assistant Professor of History at the University of North Carolina, Chapel Hill, was put into a broader context by her quoting John Henry Newman’s “The Idea of a University,” where he said the humanities taught a student “to disentangle a skein of thought, to detect what is sophistical, and to discard what is irrelevant.” Such a student learns “when to speak and when to be silent. He is able to converse, he is able to listen.”[3]

College and University Lectures

“A good lecture class,” Worthen says, teaches “comprehension and reasoning” by keeping “students’ minds in energetic and simultaneous action.” It does so by emphasizing “the art of attention, the crucial first step in … ‘critical thinking.’” She quotes Monessa Cummins, the Chair of the Classics Department at Grinnell College, my alma mater, as saying the lecture places “a premium on the connections between individual facts . . . [and] the building of an argument.”

This is “hard work” for the students, Worthen adds, requiring them “to synthesize, organize and react as they listen.” Indeed, students need to be taught how to listen, and lecture courses are exercises in “mindfulness and attention building.” This skill cannot be assumed, but must be taught. One way of doing so, in Professor Cummins’ classes, is to assign one student in each session to present a critique of her argument at the subsequent small discussion section.

Such a lecture course teaches that “listening is not the same thing as thinking about what you plan to say next–and that critical thinking depends on mastery of facts, not knee-jerk opinions.“

This is enhanced, Worthen argues, by requiring the students to take notes by hand, not by typing them into a computer. The former makes it impossible for them to make verbatim transcripts of the lecture, but instead to synthesize as they listen. That may be true, in my opinion, when the lecturer does not provide the students or audience with an outline of the lecture.

Lecturing, on the other hand, with a PowerPoint outline and providing the students or audience members with the Notes Page version of the outline enables the student to glance at the entire presentation in advance and see how the individual points fit into the entire lecture or presentation and then add his or her notes to individual pages as the lecture proceeds. PowerPoint also facilitates the use of graphs, maps and photographs in the lecture. [4]

Worthen also recognizes the utility of combining a large lecture session with small discussions sections and thereby obtain the reactions and comments of the students.

My memories of my first exposure as a student to lecturing 58 years ago as a freshman at Grinnell College are fuzzy at best, but I do not recall being provided with tips on how to take full advantage of this form of instruction. I now wish I had been told how to listen, to be mindful and to synthesize as I listened. I wish I had had a professor assign one student in each session to present a critique of the lecture’s argument at the next class session. Of course, then all notes of a lecture were handwritten.

As a student of Philosophy, Politics and Economics (PPE) at the University of Oxford, 1961-1963, attendance at university lectures on these subjects, often by world-famous scholars, was optional. I attended some primarily to see and hear such people as philosophers A. J. Ayer and Gilbert Ryle, economist J. R. Hicks and legal philosopher H. L. A. Hart, but regrettably I did not regularly do so. (Instead my attention was focused on tutorials as discussed below.)

As a law student at the University of Chicago, 1963-1966, the Socratic method was the dominant form of instruction, not lectures. The latter instead were formal occasions for all the students and faculty, usually provided by visiting scholars and judges. (The Socratic method also will be discussed below.)

In addition, I was a lecturer when I taught a course on the American Civil Law System at Grinnell while on sabbatical leave from my law firm, when I was a Practitioner in Residence at the University of Iowa College of Law, when I was an Adjunct Professor at the University of Minnesota Law School and when I was on the faculty of various continuing legal education courses while I was a practicing lawyer. That experience required me to review the material to be covered, to conduct any additional research I deemed necessary, to determine the main points to emphasize, to construct an outline for what I wanted to cover in the lecture and, in some cases, to prepare a PowerPoint presentation for use at the lecture.

Other Lectures

All of us obtain information and are educated, or not, in other oral presentations throughout our lives. I think of major political speeches like the State of the Union and Inaugural Addresses; other speeches at public events; and sermons at churches.

When, for example, I listen to speeches or presentations at the Westminster Town Hall Forum, I sometimes take handwritten notes and submit proposed questions for the moderator to ask the speaker. Later I also can go to the Forum’s website to re-listen to the speech. I also have written blog posts about some of these presentations. Another recent source of lectures for me is those offered by the Osher Lifelong Learning Institute (OLLI) of the University of Minnesota.

For sermons at Westminster Presbyterian Church, I sometimes make handwritten notes of some of the points on the church bulletin in my hands while the morning prayer, hymns and choral anthems usually emphasize some of the sermon’s main points. I also have found that I learn more about the sermon’s lesson by reading its text when it is subsequently posted on the church’s website and by reading and reflecting on the Scripture passages for the sermon; additional insight is often providing by writing a blog post about a sermon.

Seminars

My best educational experience at Grinnell College was taking the Political Economy Seminar my senior year with nine other students and with faculty from the economics, history and political science departments. We read important books in the field, not textbooks, and wrote and presented our papers on the former for discussion by all.

The Washington Semester at American University in the Fall of 1959 provided another type of seminar experience as a group of students from all over the U.S. met with politicians, government officials and others to learn about the operations of the U.S. government and political process.

I also organized and led a liberal arts seminar for lawyers at Grinnell in 1984. After reading various materials, we gathered at the College to discuss American legal history, alternative dispute resolution (ADR), jurisprudence and the lives and challenges of being humane judges and lawyers. Our leaders were a federal appellate judge, a national ADR scholar, an American history professor, a jurisprudence professor and a practicing lawyer.

Being in a book group, for me at Westminster Presbyterian Church, is another seminar experience for groups of 12 or smaller. Reading an assigned book and then gathering for a discussion of the book led by one of the group usually leads to a greater understanding of the book and its issues. For example, I recently led my group in discussing David Brooks’ “The Road to Character” after I had written about the book in this blog.[5]

Research and Writing

During my student years I conducted factual and other research about various subjects and in the process learned a lot about those subjects as well as research skills. The task of then reducing that research into a paper on the subject provided more learning about the subject plus the process of writing such papers. Later as a practicing lawyer these skills were further developed with the aid of the legal process for obtaining evidence in lawsuits, including the examination of witnesses, and the writing of briefs and other legal papers under rules for their contents and length.

The student research paper I best recall was at American University. The topic was how political interest groups participate in important cases in the U.S. Supreme Court and more specifically in contempt-of-congress cases in that court. I identified such cases, read the Court’s opinions in the cases, interviewed staffers at the relevant congressional committees (especially the House Un-American Activities Committee) and at the relevant political interest groups (especially the American Civil Liberties Union and the American Association of University Professors) and then spent a lot of time at the Supreme Court’s Library reading the briefs in the case, including those from the ACLU and the AAUP as amici curiae (friends of the court). The paper summarized this research and conclusions.

My enjoyment of research and writing continued as a practicing lawyer, both in my work as a lawyer and as a putative scholar. For example while at Harvard Law School for a short summer course, I spent time in its library doing research about Joseph Welch and Edward Burling, both prominent attorneys who were graduates of that Law School and of Grinnell College, and interviewing attorneys at Welch’s Boston law firm, about his representation of the U.S. Army in the McCarthy hearings of 1954. Later I wrote articles about both of them for the Grinnell Magazine [6] and even later with excerpts from the Welch article in this blog.[7]

A similar process was involved as a law student in researching and writing comments for the law review and as a lawyer in writing briefs.

Grinnell College recently has enhanced its use of research and writing as an educational method by adding a public website, The Grinnell Post, that hosts student essays about current events, public debates, and issues of interest to the Grinnell community. Its mission is to allow students to share their work in a public forum and foster conversations with a diverse readership and solicit their comments and criticism.

Another Grinnell effort to incorporate digital technology in the liberal arts is a website, Ashplan, initially devoted to James Joyce’s Ulysses. It seeks to foster the inheritance of classroom culture; that is, it forges connections among students studying the same material at different times, allowing new students to benefit from, remix, and add to the work of their predecessors.

Tutorials

As discussed in a prior post, the tutorial was the primary mode of undergraduate education at Oxford. During each week of the three terms of the academic year, I would have two tutorials, usually with only one other student and the tutor and sometimes only by myself with the tutor. The assignment was always in the form of a question with the tutor’s suggestions of books and articles one should read.

As a result, most of my time each week at Oxford was spent in the university libraries reading those sources and other relevant materials, figuring out how I would answer the assigned question and writing an essay setting forth that answer and analysis. Then I would see the tutor again and read my essay for critiquing and discussion.

I loved the independence of this system and being “forced” to come to a conclusion on an issue and to construct my own analysis and documentation for my conclusion. This was exactly the skill that was tested in Oxford’s university-wide examinations at the conclusion of my student-years, as also discussed in a prior post.

Grinnell College now has a First-Year Tutorial for all freshmen in groups of about 12 students that are led by “faculty members . . . from all academic departments . . . in more than 35 topics.” For the Fall of 2015 these include “Crisis, Liberation, Justice, and Leadership;“ “Racism: Color, Culture, Class; “ and “The Origins of Capitalism.” Every tutorial emphasizes writing, critical thinking and analysis, and oral presentation and discussion skills. The tutorial professors also serve as the advisers to their tutorial students until they declare a major field of study.

Socratic Method

After the treasured independence of the Oxford undergraduate experience, I initially was shocked in my first weeks in the Fall of 1963 as a student at the University of Chicago Law School. Now I was in large classes with daily assignments of certain pages in our large casebooks. The professors did not lecture. Instead they cross-examined individual students, one-by-one, about what the holding of a particular case was and what the result should be in a hypothetical case. We were being taught, we were told, how to think like a lawyer.

This method clearly taught you how to read a judicial opinion very carefully (and very painfully and slowly during that first semester of law school), to analyze that opinion to determine what its holding was and to think about the arguments that could be raised in similar, but different, hypothetical cases. Then in class you had to learn how to think on your feet and respond to questions from the professor as you would later do as a lawyer when questioned by a judge.

Reading and analyzing constitutions, statutes and regulations are also important for a lawyer, but I do not have clear memories of how that was done in my law student years. Of course, many judicial opinions concern judicial interpretations of such materials, and the overall law-school emphasis on reading and analyzing judicial opinions covered that methodology.

Learning how to do legal research and write legal briefs is another important part of law school. In addition, being a member of a law review staff and editorial board gives experience in writing and editing articles about legal topics.

Role-Playing

Participating in moot courts and playing the role of a lawyer making an argument to a court is another prominent method of legal education. I did not take advantage of this opportunity in law school as I was busy working on the law review doing legal research and writing and editing articles for the journal.

I, however, employed this method when I taught for one semester at Grinnell while on sabbatical leave from my law firm. I acted as a trial court judge hearing arguments by students as lawyers on a motion to compel production of a college tenure committee records in a hypothetical lawsuit brought by a professor against a college for denial of tenure. A different kind of role playing in that course was having the students, in lieu of a final examination, play the role of a justice of the Iowa Supreme Court and write an opinion deciding a case after reading the briefs in the case along with my memoranda summarizing some of the legal issues and after hearing the case argued before the actual Court.

I also used the moot-court method when I was an adjunct professor at the University of Minnesota Law School; I acted as a federal district court judge hearing arguments on a motion to dismiss a complaint under U.S. federal statutes (the Alien Tort Statute and the Torture Victims Protection Act) alleging a corporate defendant’s violations of human rights in other countries. I also acted as a judge of an immigration court to hear arguments on whether the court should grant an application for asylum by someone who allegedly had a well-founded fear of persecution in his or her home country due to political opinion or other protected ground.

I used a different kind of role-playing when I was a Practitioner in Residence at the University of Iowa College of Law. In a first-year civil procedure class, I played the role of a law firm partner while the students played the roles of associate attorneys working for me as we collectively identified issues, potential arguments and additional legal research needed for preparing a civil complaint under the strictures of Rule 11’s requiring such a pleading to be warranted by existing law or a non-frivolous argument for changing the law and by evidentiary support.

In such role-playing exercises, the student learns about procedural and substantive law, identification of legal and evidentiary issues and how to write and analyze briefs and make oral arguments.

In my experience, this is an effective way of learning several areas of law plus the skills of advocacy, and most students appreciate these opportunities to have a taste of what it is like to be a lawyer.

Conclusion

I am fortunate to have experienced different methods of teaching and learning from able practitioners of the different methods. I have learned in each of these settings and cannot say one is better than another. A lot depends on the size of the audience and the stage of your educational career. Seminars and tutorials require a small number of students while lectures are more appropriate, if not required, for a large number of students. I hope that I have been able to convey the same excitement of learning when I have been the instructor.

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[1] Grinnell College, 1957-1961; American University (Washington Semester), 1959; University of Oxford, 1961-1963; University of Chicago Law School, 1963-1966; Harvard Law School (Summer Program), 1986; and University of Minnesota Law School, 2001.

[2] Grinnell College, 1982, 1984; University of Iowa College of Law, 1986; and University of Minnesota Law School, 2002-2010.

[3] Worthen, Lecture Me. Really, N.Y. Times Sunday Review (Oct. 18, 2015).

[4] Aaron Fichtelberg, an associate professor of criminal justice at the University of Delaware, strongly disagrees on the value of PowerPoint. Indeed, he argues that it “turns good teachers into mediocre ones and mediocre lectures into a sludge of unengaging facts.” According to him, it “forces rigidity on the content of the course and passivity onto the students.” I agree that sometimes such use is boring. But as with all of these modes of teaching, there are the good and the bad. Other opinions?

[5] The Important Moral Virtues in David Brooks’ “The Road to Character” (May 1, 2015); David Brooks’ Moral Exemplar (May 2, 2015); David Brooks Speaks on the Role of Character in Creating an Excellent Life (May 16, 2015).

[6] Good Night, and Good Luck: The Movie’s Offstage Hero, Joseph Welch, Grinnell Magazine, Summer 2006, at 12; Edward Burnham Burling, Grinnell’s Quiet Benefactor, Grinnell Magazine, Summer 2009, at 21.

[7] Joseph Welch Before the Army-McCarthy Hearings (June 14, 2012); The U.S. Army’s Hiring of Attorney Joseph Welch for the Army-McCarthy Hearings (June 8, 2012); Attorney Joseph Welch’s Performance at the Army-McCarthy Hearings (June 6, 2012); U.S. Senator Joseph McCarthy’s Nemesis: Attorney Joseph Welch (June 4, 2012); President Dwight D. Eisenhower’s Involvement in the Army-McCarthy Hearings (June 10, 2012); Joseph Welch After the Army-McCarthy Hearings (June 12, 2012); Legal Ethics Issues in the “Anatomy of a Murder” Movie (June 12, 2012).