The Faculty Lounge

Tom Jones (1931-2017)

I am sorry to report that Tom Jones, a long-time Alabama law professor, passed away yesterday evening.  I have so many stories about Tom, who was a legendary figure in Alabama Law School history.  Tom come to Tuscaloosa in 1962, back when we were in the Farrah Building on the University's quad.  He spent his entire career here and was an important figure in law reform in the state.  He helped shepherd the Uniform Probate Code through the Alabama legislature in the early 1970s, with some key modifications, especially on the spousal elective share.  When I arrived here in 2001 Tom was extremely generous with his time in getting me oriented to the vagaries of the Alabama probate code and in getting me introduced to trust and estate lawyers here.  One of the stories that stays in my mind the most, though is that Tom said one day that he realized I'm interested in history.  Then he said, I saw Governor Wallace stand in the door.  The Farrah building backed up to Foster Auditorium (where Governor Wallace made his stand) and apparently everyone in the law school was looking out the Farrah building's back windows.  Tom saw a lot of history in this town and presided over so much change.  He was an institution around these parts, a beloved teacher who'd taught I guess just about every graduate of UA Law for nearly fifty years.  And he was the consummate gentleman; he was always around the law school, working on his law reform projects, talking to the newer faculty and the students, and tutoring primary and secondary school students.  We have lost a great person.  And I'd add that I think Tom's likes are not to be seen again soon.  He was such a special person and mentor to so many, me included.

Update: There will be a memorial service for Tom on Thursday, September 1, at 11:00 a.m., at First Presbyterian Church, 900 Greensboro Avenue, Tuscaloosa.  Visitation will follow in the Family Life Center at the church.

Thomas Haskell (1939-2017)

I'm a little behind the times on this, but I wanted to talk about Thomas Haskell's passing.  He spent most of his career as a professor at Rice University and was a fabulous scholar.  Haskell's debate with David Davis and John Ashworth on the emergence of humanitarian, anti-slavery sentiments amidst the growing market from the late 18th to the middle of the 19th century is one of the most important debates among intellectual historians of recent years.  I am very interested in the question why antislavery thought grew in conjunction with the market -- because we so often see the market as in conflict with ideas of humanity.  Haskell argued that the market led to sentiments of 

This is important for legal historians because there are other areas where the (sometimes) conflict of the market and humanitarian sentiments appear.  Legal historians will be interested in Morton Horwitz' write-up about this back in 1993. I wrote up a little bit about this at legal history blog a while back. I continue to believe that we should study how the growth of humanitarian sentiments appeared in law alongside the growth of a law that facilitated the market.  We can use the framework that Davis and Haskell debated to test what was happening in law.  For instance, I'd like to use their framework to look at the growth of trust law in the era of market revolution.  Sometimes those changes were driven by a desire to promote (or smooth the functioning of) the market; at other times, the changes were designed to limit the market.  For a long time I've thought that we should talk about how the market revolution, which brought so many positives in terms of economic growth while it also left some people behind, drove changes in law.  Doug Thie and I talk a little bit about this in the first part of our article on changes in probate in the Shenandoah Valley before the Civil War. But I want to focus a separate piece on this, on the effect of the market revolution on trust law in the pre-Civil War era down the road.

Herma Hill Kay

We share the sadness of our colleagues throughout the legal academy in the passing of iconic Berkeley Law Professor Herma Hill Kay.   Cribbing now from Berkeley Law's memorial notice:

Kay, who taught at Berkeley Law for 57 years, wrote seminal works on sex-based discrimination, family law, conflict of laws, and diversity in legal education. A powerful advocate for equality in legal education and for women’s rights under the law, she also published numerous articles and book chapters on subjects including divorce, adoption, and reproductive rights. 

In 1960, Kay became just the second woman to join the Berkeley Law faculty—hired when the first, Barbara Armstrong, announced plans to retire. During Kay’s tenure, the number of women students increased from a small handful to more than 50 percent of the class, and the number of women faculty grew exponentially.

She became the school’s first woman dean in 1992, serving for eight years. Despite facing severe budget restrictions and the 1996 passage of a California law barring public institutions from recruitment based on affirmative action, Berkeley Law thrived during her tenure with significant expansions to its curriculum, faculty, and clinical program.

Berkeley Law's memorial notice is here.

Miguel Méndez, 1943-2017

I'm saddened to have learned (here, and earlier reported on Above the Law) that Miguel Méndez, Adelbert H. Sweet Professor of Law Emeritus, passed away last week.  Miguel was an alumnus of the Monterey County Public Defender's Office, California Rural Legal Assistance, and the Mexican-American Legal Defense and Education Fund.  He was a seasoned trial lawyer who joined Stanford's law faculty at a time when few elite law professors had this kind of experience.  He was also Stanford's first Latino faculty member.  Although I never got to have a class with him, he was among the kindest and most generous law teachers I've ever known, patiently answering rudimentary questions about evidence and trial procedure when, as a student, I wandered into his office unnanounced because I'd heard he would be helpful and, years later, offering valuable strategic advice in a challenging civil case when I was struggling with how to approach a difficult witness.

California Rural Legal Assistance, a sizeable legal aid program serving migrant and low-wage workers and families throughout most of California, is a longtime pro bono client of mine in ethics and regulatory matters; Miguel rose to deputy director of the organization, and his kindness and wisdom were legendary there.

He was 74, and will be widely missed.  Requiescat in pace.

--Bernie

Tony Kaye (1962-2017)

I am stunned and saddened to learn via facebook today that Tony Kaye -- a fabulous scholar of the pre-Civil War era -- has passed away.  Tony was working on what surely would have been a fabulously original and important book on Nat Turner.  Back when I was working on that rebellion I found Tony's work on the role of African Americans around Southampton of immense use in building out the context  African American resistance.  His work, such as "Neighborhoods and Nat Turner: The Making of a Slave Rebel and the Unmaking of a Slave Rebellion," showed there is so much more yet to learn about the context of that episode of violence.  And obviously given how much is left to learn about the Nat Turner rebellion, how much of the rest of the experience of slavery has yet to be uncovered.

Tony provided I think one of the finest set of comments I have ever had on a paper, which was about the new history of the old south -- an essay review I was putting together about a then-new set of books ranging from Annette Gordon Reed's The Hemmings of Monticello to Laura Edwards' The People and Their Peace.  I was, quite frankly, astonished by and in awe of his insight.  He was one thoughtful and precise scholar.  I was surprised to learn that we'd been neighbors for the last year or so; he moved last year from Penn State to the National Humanities Center, as vice president of scholarly programs.  I guess it's testimony to how much I've been distracted by other issues of late, or by how high institutional barriers are, or something, that I didn't know he was here.

Tony's family are in my thoughts.

In Memoriam: Henry Chung

A few of our readers lived in San Francisco in the 1970's and 1980's, and some of you - at least a couple, I hope - had the chance to experience Hunan Restaurant on Kearney Street.  It was a hole in the wall, jammed to the gills with customers, and it served the best Chinese food I'd ever had.  That was Henry Chung's place, and later he opened other locations, and created the chain Henry's Hunan.  Nothing ever beat the food in that first place though.  I was a legal assistant at Heller, Ehrman  back then and there was no better way to blow $6 than a lunch run over to Hunan.  Henry Chung passed away recently.  Would that we could all bring such joy to others as Henry Chung did for his customers.

Neil Cohen

I am sorry to pass on the news that long-time University of Tennessee law professor Neil Cohen has passed on.  Neil was the UTK Distinguished Service Professor of Law and W.P. Toms Professor of Law.  Cribbing now a little from Neil's webpage: 

Professor Cohen is the author or co-author of 10 books and has been published in many law reviews, including the Harvard Journal of Legislation. His book, “The Law of Probation and Parole” (1999), has been cited by the U.S. Supreme Court. Prof. Cohen also drafted the gender-neutral version of the Tennessee Rules of Appellate, Civil, Criminal, and Juvenile Procedure and assisted in drafting the Tennessee Rules of Evidence and the Tennessee Penal Code, as well as the modernized Tennessee Rules of Criminal Procedure.

He served as the reporter of the Tennessee Bar Association’s Jury Reform Commission. He was appointed by the President of the American Bar Association to the American Jury Project.

Professor Cohen's family and the UT law school are in my thoughts.  Special thanks to Wayne Logan for passing along this news.

 

 

Deeply Sad News From Alabama Law

The community of the University of Alabama School of Law has received the devastating news that two of its members, Liz Whipple, the interim director of the school's Domestic Violence Clinic, and Shelly Darling, a staff attorney in the school's Elder Law Clinic, were found dead in Lake Tuscaloosa on Saturday morning.  Their deaths are believed to have been accidental.  Our thoughts are with the families of the two women. 

Joyce Appleby (1929-2016)

I am very sorry to hear (via Karin Wulf's twitter feed) that the distinguished historian Joyce Appleby has passed away.  Dr. Appleby was a professor emerita at UCLA -- and the author of many challenging works on eighteenth century history.   I read her Capitalism and a New Social Order: The Republican Vision of the 1790s  (NYU 1984)  in Rick Beeman's course on the American Revolution and it struck me then as a really persuasive argument about the emergence of capitalism in the wake of the Revolution.  (Though I might now say that those ideas were with us for a long time before, but I recognize that they began to exert themselves in forceful and new ways in the 1790s -- and really gained steam in the nineteenth century.) Later in life I benefited mightily from her Economic Thought and Ideology in Seventeenth Century England (Princeton 1978) when I was working on law, economy, and politics in the seventeenth century in graduate school -- back in the days when I thought that I would spend my life working on the colonial era. And more recently I have enjoyed very much Inheriting the Revolution : The First Generation of Americans (Harvard 2000).  I remember fondly her support of my early work on proslavery thought in the old South and her work with the History News Network, which for many years helped historians write and distribute op-ed pieces that linked their knowledge of history with contemporary events. Joyce Appleby was a fabulous scholar and a supportive and gracious mentor to many, many newer scholars.  We should say about her, as was said of John Hope Franklin in 2009, someone noble has passed from the earth.

Daniel Bernstine

I was sorry to hear that Daniel Bernstine, a former dean of the University of Wisconsin Law School, later president of Portland State University, and most recently head of the LSAC, passed away recently.  One moving article about his life appeared in the East Bay Times (he was educated at Berkeley) a few years back when he spoke at the Bethlehem Missionary Baptist Church's "Graduates Day."  Cribbing now from that article: 

Daniel Bernstine, the son of Louisiana sharecroppers who settled in Richmond after World War II, worked at the U.S. Department of Labor and served as president of Portland State University. ... “The world is going to be a very different place in the future than anything you or I can envision,” Bernstine said. “You have to continue to prepare yourself through education…. My challenge to you is to maximize the opportunities you have before you.”

Bernstine paraphrased Franklin D. Roosevelt when he promised his remarks would adhere to the adage, “Be sincere, be brief and be seated.” But in about 20 minutes, Bernstine touched on themes including globalization, immigration, education, community standards and social challenges in the African-American community.

“I am afraid sometimes, afraid that African-Americans are falling for the okeydoke. When I see more African-Americans still on probation, parole and incarcerated than in college, we’re going for the okeydoke.” 

Bernstine, 65, described growing up in a small house “on the other side of the tracks,” at 45th Street and Carlson Boulevard. His father was a janitor with a fourth-grade education and his mother a homemaker caring for four children.

But what they lacked in formal schooling was balanced by a fierce sense of pride, a faith in education and a community of other adults who all helped to keep each other’s kids in line. He recalled a childhood of playing outdoors and later working summers at the Port Chicago with his uncle, one of several male mentor figures.

A story about his time in Portland appears here and the LSAC's memorial notice is here.  Thanks to Alta Charo of the University of Wisconsin for bringing this to my attention.

Richard Beeman

I am sorry to learn that the beloved University of Pennsylvania professor Richard Beeman has passed away.  Beeman taught me the "American Revolution" when I was a senior in college and we read, among other works, Bernard Bailyn's Ideological Origins of the American Revolution and Forrest McDonald's Novus Ordo Seclorum, which are two outstanding works of intellectual history.  They each opened a world of ideology and history to me, which has continued to guide my thinking and me work.  Beeman was a fabulous teacher -- and he also seemed very young to me at the time, so this is a particularly sobering moment for me.  I last saw him in February 2002 when I was proud to tell him that I was following in Forrest McDonald's footsteps and teaching at the University of Alabama.  To which he responded something along the lines of, I suspect you're also departing from McDonald's footsteps, too!  He was a wonderful teacher and mentor and scholar, too.  His books include The Evolution of the Southern Backcountry (1984), The Varieties of Political Experience in Eighteenth-Century America (2004), Plain, Honest Men: The Making of the American Constitution (2009), and Our Lives, Our Fortunes and Our Sacred Honor: The Forging of American Independence, 1774-1776 (2013).  Some years ago when I was posted a picture of the Lunenburg County Courthouse, I noted that Beeman's Evolution of the Southern Backcountry was based in Lunenburg County.

Beeman was a great teacher and a hell of a good guy.

Elizabeth Garrett

I am shocked and saddened to hear that Elizabeth Garrett--president of Cornell University and before that a provost at the University of Southern California and law professor at USC and at the University of Chicago--has passed away. The Chronicle of Higher Education has the news.  I recall hearing, I think from the Chronicle, a few weeks back that she was ill, but I had no idea how dire her situation was.  Elizabeth was a beloved figure in the legal academy.  She was educated at the University of Oklahoma and the University of Virginia Law School, then clerked for Judge Mikva on the D.C. Circuit and Thurgood Marshall on the U.S. Supreme Court.  She worked on the Iran-US Claims Tribunal at the Hague and then on the Hill for Oklahoma Senator David Boren.  She began teaching at the University of Chicago in 1995 and was an expert in legislation.

Francis X. Beytagh

I am sorry to report that Francis ("Frank") Beytagh, who served as dean at Ohio State from 1985 to 1993, has passed away.  Cribbing from the Ohio State memorial notice:

Francis X. (“Frank”) Beytagh, dean of the College of Law from 1985-1993, died on February 21 at the age of 80. Dean Beytagh was an outstanding leader, a nationally recognized scholar in his field of Constitutional law, and a dedicated teacher, a role he continued at the College until he took emeritus status in 1997. He continued teaching, on an occasional basis, as an emeritus faculty member until 2006. As dean, Beytagh oversaw the development of the College’s program in alternative dispute resolution, its partnership with Oxford University, and a major building expansion.

The memorial notice is here.

Forrest McDonald (1927-2016)

I am sad to learn from the New York Times that Forrest McDonald has passed away in Tuscaloosa.  He was a leading historian of the founding era.  My relationship with McDonald began, as happens so often for me, the old fashioned way -- through his books.  I read We the People when I was in college and was trying to get a handle on quantitative methods in history.  I'd heard that We the People was an important place to start -- and then later in a fabulous course on the American Revolution taught by Richard Beeman I read Novus Ordo Seclorum.  The latter, though it was published 30 years after We the People, was a successor in that it looked at ideology of the founding generation, rather than economic interest.  It really resonated with me -- and all the more so because had just read Bailyn's Ideological Origins of the American Revolution.  

Though the New York Times obituary emphasizes his conservative ideas (both the obit and his wikipedia page conclude with the observation that he was a self-described paleo conservative), for me the significance of his work is not that he was conservative.  It's that he communicated in crisp prose the insights about economics and ideology of the founding generation.  Ideas mattered, he argued, for the framers of the Constitution and he suggested how that was the case. bI take it the pendulum is now swinging back and we're maybe not taking ideas as seriously as we once did. Maybe that will change again soon and we'll be back to focusing on ideas.

One of my great hopes when I moved to the University of Alabama was that I'd have a chance to spend some quality time with McDonald.  I thought it would be a great treat to get his help on my own work on the ideology and economics of pro-slavery thought.  Alas, I did not have the chance to spend much time with him; we served on a dissertation committee together and he was kind enough to ask about my work whenever we crossed paths, thought that wasn't as frequent as I would have liked.

Lee Roy Chapman

I've just received the shocking news that Oklahoma historian Lee Roy Chapman has passed away at age 46.  Lee Roy lived and worked in Tulsa and his writings often concerned difficult issues in the state's history.  I knew him through his important and deep work on Tate Brady, one of Tulsa's founders and -- at least after Lee Roy's work appeared -- a controversial figure.  Lee Roy's article, "The Nightmare of the Dreamland," explored Brady's role in the violence of the 1910s and 1920s Tulsa in which Brady had a hand.

I wrote about Lee Roy's work at the time: 

Tate Brady, as Lee Roy Chapman points out, did a lot of good for Tulsa, but the positives came with lots of negatives. It is the tragedy of this story that building the city of Tulsa involved violence. In Brady’s case, it was violence against workers and African Americans. Therein lies a story we hear much about in American history at this time. ...

The final, haunting end of Brady’s life, after his son’s tragic death, invites questions about how the violence in early Tulsa injured those who were the perpetrators as well as the victims. Though we will never know, perhaps Brady’s suicide was partly a result of his conscience’s turmoil over the violence he had seen and committed.

This Land's Press, which published a lot of Lee Roy's work, has a memorial notice here, appropriately titled, "Lee Roy Chapman is still the King."  And now that we have lost Lee Roy, a bunch of other people need to step up to try to fill the gaping hole left by his absence.  There's a lot of work left to be done.

And there is a gofundme page for contributions to a fund to support his five year old son, Kasper.

Calvin Massey

I'm very sad to report that Calvin Massey, my friend and mentor -- and one of the founding bloggers here -- has passed away.  Calvin was most recently the Daniel Webster professor at the University of New Hampshire.  Before moving back to the east coast, Calvin taught for many years at Hastings Law.  He had a JD from Columbia (where he was managing editor of the Columbia Law Review) and an MBA from Harvard. and he practiced law for many years before starting his teaching career at Hastings.  Calvin was the author of a widely adopted constitutional law casebook and another in property (and a beloved student aid in property -- I know it was beloved because every semester I'd see lots of students carrying it around!) He was a prolific scholar in constitutional law and property.  

I had heard many good things about Calvin as a teacher from a friend who was a Hastings graduate long before I ever met him.  It was in 2000-01, when we visited at BC together that I got to know Calvin well.  He was a great mentor and cheerleader of everyone around him.  And I still use a lot of his phrases in my classes.  Though many years later, as his health challenges mounted I learned that he had serious health issues when we were teaching together, I didn't know it at the time -- he was the perpetual optimist.  I remember fondly the time spent sitting in his office talking about recent scholarship and teaching methods.  (That was early enough in my career that I still spent an enormous amount of time playing with methods and he was kind enough to indulge me in those talks, though looking back on it I'm sure he had better things to do with his time.)  And since that magical year together I saw him only rarely -- a time when he came to give a talk in Tuscaloosa and another time at a conference back in Boston.  I knew when Dan Filler was talking about starting a new blog that we needed Calvin's outstanding (and I'd say unsurpassed) knowledge of constitutional law and his good humor and we were fortunate that he agreed to join the faculty lounge.  I enjoyed phone conversations with him, which grew rarer over the years.  One of the last times we spoke was when he moved to UNH, which brought him a lot of joy I know.  He loved being back on the east coast and at a place on a strong upward trajectory.  And I recall him talking with great pride about his daughter's graduation from Yale and her sailing around the world.  Ellen is the great pride of his life.

Then last spring he let me know that he was having serious health problems and mentioned that he really wished he had more time and energy to spend on the recent Supreme Court term.  We're going to miss him so much, for his outstanding analysis and his good humor.  

Martha and the rest of his family and the UNH community are in our thoughts here.

Thanks to Ann Bartow for sending along this news.

John Henry Merryman (1920-2015)

I have just learned from Sean Patrick Donlan that long-time and beloved Stanford Law professor John Henry Merryman passed away.  He wrote extensively about art law.  I am most familiar work on repatriation of cultural property, most notably the Elgin Marbles.  One of the things that interested me about his argument is that it seems -- am I allowed to say this -- socialist.  He argued that the Elgin Marbles had become the property of the world and that they should remain in England where more people would see them than if they were returned to Greece.  Property rights, it seemed, were to be assigned to the country where the property would be seen by the most people (or do the most good).  That has, of course, a certain appeal; but my thought was that it is somewhat unfair to take away Greece's claim in this one case.  Thinking on Merryman's work this evening makes me hope I have the chance to revisit it someday.

Merryman began his teaching career at Santa Clara in 1948 and moved to Stanford in 1953 and then retired from there in 1986.  

Marc Poirier (1952-2015)

I have just heard the shocking and sad news that Marc Poirier, a pillar of the progressive property community, has passed away.  Marc taught for many years at Seton Hall Law School, where he was a professor of law and the Martha Traylor Research Scholar.  Marc's work, particularly in recent years, was focused on property theory, environmental law, and law and sexuality (his articles on ssrn are here).  And his teaching focused in the same areas.  One of his most popular articles is "The Cultural Property Claim within the Same Sex Marriage Controversy," which won the Dukeminier award in 2008.  A lot of you will enjoy reading "One L in a Different Voice: Becoming a Gay Male Feminist at Harvard Law School."  Marc's personality really comes through here.

Just last fall I had the pleasure of hearing Marc talk about one of his new projects, on memorial sites for the gay rights struggle.  I'm looking forward to the fruits of that project.  Marc was about a lot more than scholarship, but the progressive property community will feel this loss particularly because we've lost Marc's energy, creativity, and enthusiasm.  His students, family, and the Seton Hall community are in my thoughts.

Thanks to Marc Roark for sending along this sad news.

In Memoriam: Christopher Fairman

Christopher Fairman, a professor and associate dean at Ohio State Law passed away yesterday from cardiac arrest.  He was 54.  He joined the OSU faculty in 2000 and worked primarily in the area of Civil Procedure.

In Memoriam: Daniel Meltzer

Harvard Law Professor Daniel Meltzer passed away from cancer this weekend.  He was 63.  Meltzer joined the Harvard faculty in 1982, playing several roles in the faculty and administration,  and also served in the Obama administration.  He had been scheduled to take over from Lance Liebman as the Director of the American Law Institute in 2014, but never was able to fully take on the job due his illness.