Document Type

Article

Comments

State Law in the Federal Courts: The Brooding Omnipresence of Erie v. Tompkins, 55 Yale Law Journal 267 (1946)

Abstract

My first acquaintance with Justice Cardozo was on an historic occasion, that when in 1921 "The Nature of the Judicial Process' was given to the world of jurisprudence through the medium of the Storrs Lectures at Yale University. Being then a mere neophyte on the law, faculty, permitted perhaps to be seen and not heard, I had joined somewhat perfunctorily in the faculty judgment that here there was not merely a good judge, but even more a student and scholar in the law worthy of our highest platform honor. The thought apparently was that the Justice would take his place among the galaxy of notables, eminent, respectable, and portentous, who had held the lectureship in the past. But I doubt that any of us vas prepared to be so wooed and won as we were by the gentle, shy, and engaging personality who charmed his listeners to the point of achieving the supreme distinction of requiring a larger hall for his huge audience. That was contrary to all tradition. For attendance at a lecture series was expected to dwindle to only the dean and one or more nominated members of the faculty. In all my academic experience I can recall hardly another case where even a popular lecturer more than held his own over a number of days; perhaps the only competitor has been the irrepressible and ebullient President Hutchins, whose iconoclastic views of education afforded a spicy contrast with the calm and impartial ideal judge as pictured in "The Nature of the Judicial Process."

Date of Authorship for this Version

1946

Keywords

State Law in the Federal Courts: The Brooding Omnipresence of Erie v. Tompkins, 55 Yale Law Journal 267 (1946)

Included in

Law Commons

Share

COinS