Rare Books Blog

October 16, 2013

We gratefully acknowledge the assistance of the following individuals in the preparation of this exhibit.

          — Bryan A. Garner & Mike Widener

Ryden Anderson
LawProse Inc.

Janet Conroy
Office of Public Affairs, Yale Law School

Karolyne H. C. Garner
LawProse Inc.

Ryan Greenwood
Lillian Goldman Law Library

Heather Haines
LawProse Inc.

Shana Jackson
Lillian Goldman Law Library

Becky McDaniel
LawProse Inc.

Jeff Newman
LawProse Inc.

“Built by Association: Books Once Owned by Notable Judges and Lawyers, from Bryan A. Garner’s Collection”, an exhibit curated by Bryan A. Garner with Mike Widener, is on display until December 16, 2013 in the Rare Book Exhibition Gallery, Lillian Goldman Law Library, Yale Law School.

Jerome Frank's inscription to Learned Hand
October 16, 2013

Judge Jerome Frank’s inscribed copy (to Learned Hand) of his book Fate and Freedom: A Philosophy for Free Americans (1945).

Jerome Frank (1889-1957) graduated from the University of Chicago Law School in 1912. As a lawyer, he specialized in corporate finance and reorganization. Frank’s first book, Law and the Modern Mind (1930), provided a psychoanalytical critique of the law that cemented his reputation as a legal realist. His other major work, Courts on Trial (1949), expressed his skepticism regarding how the judicial system determines “what the facts are.”

Frank made his principal contribution to American law as a judge on the Second Circuit Court of Appeals. From his appointment in 1941 until his death, Frank wrote wide-reaching opinions that shaped the laws of obscenity, adhesion contracts, so-called “private attorneys-general,” and labor relations.

A few years ago I ordered this copy of Fate and Freedom from an Internet seller. When the book arrived, I found to my amazement that it was inscribed by Frank to Learned Hand, who served with Frank on the Second Circuit.

Frank’s assessment of Hand’s wisdom was no private matter. In a 1955 Yale Law School lecture, published in 1957 and anthologized in 1965, Frank declared: “Learned Hand, who both thinks deeply and feels deeply, sees life as a marvelous comic-tragedy. … He has a love for and an understanding of his fellow creatures, like him, humanly fallible. I commend him to you as a great man and as our wisest judge.”

          – Bryan A. Garner

“Built by Association: Books Once Owned by Notable Judges and Lawyers, from Bryan A. Garner’s Collection”, an exhibit curated by Bryan A. Garner with Mike Widener, is on display until December 16, 2013 in the Rare Book Exhibition Gallery, Lillian Goldman Law Library, Yale Law School.

Learned Hand's inscription, to Judge Edward Lumbard
October 16, 2013

Judge Learned Hand’s inscribed copy (to Judge Edward Lumbard) of his book The Bill of Rights (1958).

Learned Hand graduated from Harvard College in 1892 and from Harvard Law School in 1895. Appointed to the federal district court in New York in 1909, Hand enjoyed one of the longest tenures on the federal bench (52 years) of all 20th-century judges. In 1924, President Calvin Coolidge elevated Hand to the Second Circuit, where he served until his death in 1961.

As a judge, Hand set high standards for clarity of expression and judicial craftsmanship. It is little wonder that he has been quoted more often than any lower-court judge by legal scholars and by the United States Supreme Court. He advocated strongly for free speech, famously arguing in Masses Publishing Co. v. Patten (1917) that the First Amendment should protect all speech that does not incite others to illegal action.

Although Hand twice came close to getting appointed to the Supreme Court, opponents blocked him for political reasons on both occasions. Yet the tough-minded Hand is generally considered to be a greater judge than all but a few of his contemporaries who sat on the Supreme Court.

Judge Hand inscribed the book here displayed to a colleague on the United States Court of Appeals for the Second Circuit: “To J. Edward Lumbard [1901–1999], a wise and considerate colleague and a strong support.” Lumbard served with Hand from 1955 to 1961.

          – Bryan A. Garner

“Built by Association: Books Once Owned by Notable Judges and Lawyers, from Bryan A. Garner’s Collection”, an exhibit curated by Bryan A. Garner with Mike Widener, is on display until December 16, 2013 in the Rare Book Exhibition Gallery, Lillian Goldman Law Library, Yale Law School.

October 16, 2013

Lindley Murray’s English Grammar (8th ed. 1802) inscribed (to Samuel Miller) by “the author.”

Lindley Murray is best known as “the father of English grammar.” But before he earned that title, he practiced law in New York. In fact, he acted in the 1760s as the legal mentor of John Jay, who would later become the first Chief Justice of the United States. In 1785, Murray emigrated from New York to York, England. He gave up the practice of law and began writing grammar books in 1795. Over the next 50 years, he became the best-selling author in the world, with some 15 million copies of his literacy books then in print.

This copy of Murray’s Grammar is inscribed by the author to the noted Presbyterian theologian Samuel Miller (1769–1850) of Princeton Theological Seminary. Although the book contains the Miller family’s bookplate commemorating the donation, the university discarded the book in 2005.

          – Bryan A. Garner

“Built by Association: Books Once Owned by Notable Judges and Lawyers, from Bryan A. Garner’s Collection”, an exhibit curated by Bryan A. Garner with Mike Widener, is on display until December 16, 2013 in the Rare Book Exhibition Gallery, Lillian Goldman Law Library, Yale Law School.

Arthur Male's inscription to Lord Brougham
October 16, 2013

Lord Brougham’s signed copy of Law of Elections (1818) by Arthur Male.

Henry Peter Brougham, 1st Baron Brougham and Vaux (1778-1868), was a British statesman, member of Parliament, and, from 1830 to 1834, Lord Chancellor of Great Britain.

Brougham entered the House of Commons in 1810, but it was not until his successful defense of Queen Caroline in her 1820 adultery trial that he would gain popular renown. He remained in Parliament until 1830, when he was appointed Lord Chancellor and raised to the peerage. He was an ardent and effective political reformer throughout his life, and according to The Oxford Companion to Law (1980), “[h]is contribution to the law lay in promotion of legislative reforms rather than in judicial work.” As Lord Chancellor, he abolished several obsolete courts, created the Judicial Committee of the Privy Council and the Central Criminal Court, and was instrumental in the passage of an 1833 statute that abolished slavery throughout the British Empire.

This 1818 first edition of the barrister Arthur Male’s Law of Elections contains the handwritten note “With the author’s compliments” on the front free endpaper. On the following page, Brougham has written his name clearly at the upper right-hand corner.

          – Bryan A. Garner

“Built by Association: Books Once Owned by Notable Judges and Lawyers, from Bryan A. Garner’s Collection”, an exhibit curated by Bryan A. Garner with Mike Widener, is on display until December 16, 2013 in the Rare Book Exhibition Gallery, Lillian Goldman Law Library, Yale Law School.

Inscription of Justice O. W. Holmes Jr. to Lloyd Bowen
October 15, 2013

Justice Oliver Wendell Holmes’s inscribed copy (to Lloyd W. Bowen) of his book Speeches (1900).

The son of a flamboyant author and physician, Justice Holmes was born in Boston and graduated from Harvard College in 1861. After three years of fighting in the Union Army during the Civil War, he graduated from Harvard Law School in 1866. While in private practice, he edited the 12th edition of Kent’s Commentaries on American Law (1873), and produced his classic text, The Common Law (1881). He joined the Harvard law faculty in 1882 and a year later was appointed to the Supreme Judicial Court of Massachusetts. President Theodore Roosevelt appointed him to the U.S. Supreme Court in 1902.

This 1900 edition of Holmes’s Speeches is exceedingly hard to find. He inscribed this copy—years after its publication—for Lloyd W. Bowen, who was the Solicitor General of the United States. Bowen died of a brain hemorrhage less than five months after receiving this gift. The frontispiece reads, “These chance utterances of faith and doubt are printed for a few friends who will care to keep them.”

          – Bryan A. Garner

“Built by Association: Books Once Owned by Notable Judges and Lawyers, from Bryan A. Garner’s Collection”, an exhibit curated by Bryan A. Garner with Mike Widener, is on display until December 16, 2013 in the Rare Book Exhibition Gallery, Lillian Goldman Law Library, Yale Law School.

Justice O.W. Holmes Jr., autographed copy of farewell dinner menu
October 15, 2013

Justice Oliver Wendell Holmes’s autographed—and seemingly personal—copy of the program and menu for the Boston dinner commemorating his appointment to the Supreme Court of the United States (Dec. 3, 1902).

Below Chief Justice Holmes’s portrait (taken in 1900) is his dated autograph in pencil, with the words “Chief Justice” written under his signature. On the inside front cover, also in Holmes’s hand, are the names of judges and other dignitaries present.

How this elaborate program was put together is something of a mystery. President Theodore Roosevelt made a recess appointment of Holmes to the Supreme Court on August 11, 1902. The formal nomination didn’t come until December 2, the day before this dinner took place. Holmes was confirmed on the 4th, the morning after this dinner. The printers must have been really good—and really fast. Then again, the timing may have been well known to the local judges through the help of U.S. Senator Henry Cabot Lodge, who spearheaded the effort to see Justice Holmes nominated.

At the end of the evening, Justice Holmes delivered one of his most famous quips. A member of the audience said, “Now justice will be administered in Washington!” to which Holmes is said to have called back: “Don’t be too sure. I am going there to administer the law.” (See Fred Shapiro, The Yale Book of Quotations 368 (2006)).

          – Bryan A. Garner

“Built by Association: Books Once Owned by Notable Judges and Lawyers, from Bryan A. Garner’s Collection”, an exhibit curated by Bryan A. Garner with Mike Widener, is on display until December 16, 2013 in the Rare Book Exhibition Gallery, Lillian Goldman Law Library, Yale Law School.

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