Fall 1999

A Message from the Dean

A Discourse on Constitutional Law
The Journey of a Journal
On History and Heritage: John K. Castle
In Defense and Celebration of the First Amendment

Public Service at the Forefront
Lindback Adwardee: Bruce H. Mann
Snippets of History (1915 - 1951)
Celebrations: Alumni Reunion and Commencment

Faculty Notes
Alumni Briefs
In Memoriam

Penn Law

The guiding influence of William Draper Lewis continued long after he stepped down as Dean in 1914. In 1921 the Association of American Law Schools proposed the establishment of a center for the improvement of American law. Its goal was to combine the resources of lawyers, judges, and scholars to produce a massive restatement of the common law, a critical summary and evaluation of the state of legal doctrine under different topical headings. In 1923 Lewis became the director of this new organization, the American Law Institute. Lewis immediately set forth a plan to cover nine broad topics and began to recruit reporters from law schools across the country.

Lewis' successors as Dean - William Ephraim Mikell (1914-1929), Herbert Funk Goodrich (1929-1940), and Edwin Roulette Keedy (1940-1945) - committed much of their time to, and achieved national prominence through, the ALI. Mikell and Keedy, already well known for their scholarship in criminal law, served from 1925 through 1930 as co-reporters on a model code of criminal procedure. Following its adoption and circulation by the ALI, substantial portions of the Mikell-Keedy code were subsequently enacted into law by the legislatures of more than half the states.

Goodrich was a member of the faculty at the law school of the University of Michigan when he was named ALI reporter on the conflict of laws in 1923 and adviser on professional and public relations in 1927. Two years later, at Lewis' urging, Penn recruited Goodrich to succeed Mikell as Dean; he completed the ALI's restatement of the conflict of laws in 1934. In 1940, President Roosevelt appointed Goodrich judge of the U.S. Third Circuit Court of Appeals. Goodrich nevertheless remained closely associated with the ALI, succeeding Lewis as Director in 1947 and holding the post until his own death.

The American Law Institute was a bold and sustained effort to consolidate the basic principles of common law and, thereby, to produce a national legal system. Its supporters ranged across the entire breadth of the profession, from Harvard Law School Dean Roscoe Pound to Wall Street counsel and Democratic Presidential candidate John William Davis. In the second quarter of the twentieth century, the Restaters commanded a national school of legal thought and the Law School at Penn was the center of that intellectual world.

The Faculty and Its Curriculum

In the 1939-40 academic year the Law School conducted its program with a standing faculty of twelve members, supplemented by six teaching associates; 363 candidates for the bachelor of laws degree enrolled in the fall of that year, with the first-year class of 136 divided into two sections. The stated aim of the curriculum was "to guide students in acquiring a practical and historical knowledge of American and English common law, American constitutional law and certain fields of statutory law, and to develop in them the ability, judgment and technique to use this knowledge in the solution of legal problems."

Goodrich had transformed the faculty, as only Keedy, Mikell, and Reeve remained from just ten years earlier. Amram, Dickinson, and Philbrick had arrived with Goodrich in 1929 and Frey a year later. Goodrich recruited Chadbourn in 1936 and a year later, the trio of Bruton, Eldredge, and Mulder. Lewis's goal of a faculty that gave its full time to the profession of legal education was realized in the 1930s. By 1939-40, 10 of its 12 members gave their full time to the Law School.

The bulk of the School's teaching load in that year was carried by six members of the faculty - Professors Eldredge, Frey, Keedy, and Reeve; Associate Professor Bruton; and Assistant Professor Mulder - each ofwhom taught a minimum of six hours per week. Six others - Dean Goodrich; Professors Dickinson, Mikell, and Philbrick; Assistant Professor Chadbourn; and Associate of Law Amram - taught from three to five hours per week.

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