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HOLLIS 601709

Sutherland, Arthur E. Papers, 1923-1972: Finding Aid.

Harvard Law School Library, Harvard Library, Harvard University


Harvard Law School

© President and Fellows of Harvard College

Descriptive Summary

Location: Harvard Depository
Call No.: HOLLIS 601709
Repository: Harvard Law School Library, Harvard Library, Harvard University
Title: Arthur E. Sutherland papers
Date(s): 1923-1972
Quantity: 68 linear feet (98 boxes); (19 Paige boxes)
Language of materials: English
Abstract: This collection contains materials relating to Sutherland's teaching, writing, research and professional activities, and to his interest in constitutional law.

Immediate Source of Acquisition:

Contact Curator of Modern Manuscripts and Archives.

Processing Information:

Prepared by Danny Brudney and Tom Brudney, August, 1972; July, 1974.

Conditions Governing Access:

Access to these papers is governed by the rules and regulations of the Harvard Law School Library. This collection is open to the public, but is housed off-site at Harvard Depository and requires 2 business-day advance notice for retrieval. Consult the Special Collections staff for further information.

Conditions Governing Use:

The Harvard Law School Library holds copyright on some, but not all, of the material in our collections. Requests for permission to publish material from this collection should be directed to the Special Collections staff. Researchers who obtain permission to publish from the Harvard Law School Library are also responsible for identifying and contacting the persons or organizations who hold copyright.

Historical/Biographical Information

Sutherland, Arthur Eugene, attorney, law professor, legal scholar.
b. Rochester, N.Y., February 9, 1902.
s. Arthur E. and Eleanor (Reed) S.
Educated in public and private schools, U.S. and Switzerland.
A.B. Wesleyan University, Middletown, Connecticut, 1922.
LL.B., Harvard, 1925; J.S.D., Suffolk University, 1960.
m. Margaret Adams, September 10, 1927 (deceased January, 1958); children: David Adams, Peter Adams, Eleanor Reed, and Prudence.
m. second Mary Genung Kirk, February 21, 1959.
Associated with American Commission for Relief in the Near East, in Asia Minor and Thrace, 1919.
Admitted to the New York State Bar, 1926; practiced in Rochester, New York, 1926-1941.
Secretary to Oliver Wendell Holmes, U.S. Supreme Court, 1927-1928.
Commissioner, Uniform State Laws of New York, 1948-1950.
Professor of Law, Cornell University, 1945-1950.
Professor of Law, Harvard, 1950-1955; Bussey Professor of Law, 1955-1970; Bussey Professor of Law Emeritus, 1970-
Purington Visiting Professor of Political Science, Mt. Holyoke College, 1958-1959.
Fulbright Lecturer, Oxford University (England), 1956.
Oliver Wendell Holmes Lecturer under the Oliver Wendell Holmes Devise, presented at University of North Carolina, 1963.
Delegate, New York State Constitutional Convention, 1938.
Trustee of Mt. Holyoke College.
Served with United States Army, 1941-1945; Office of Under-Secretary of War, Headquarters, 1st Infantry Division, Headquarters 5th Army; U.S. Forces, Austria; in Mediterranean and E.T.O.; Discharged as colonel, 1945; ret. Colonel. O.R.C.
American Legion of Merit with Cluster, Bronze Star Medal (U.S.) Order Brit. Empire; Cross of War (twice) (France); Czechoslovakian War Cross; Ouissam Alaouite (Morocco); Volontari della Liberta, Italy.
Fellow, American Academy of Arts and Sciences.
Member American Law Institute; American, New York State Bar Associations.
d. March 8, 1973.
Cases and Materials on Commercial Cases and Other Problems, 1952; and also The Law of Transactions (with others), 1951.
Constitutional Law and One Man Among Many, 1956.
Constitutionalism in America, 1965.
Apology for Uncomfortable Change, 1863-1963 (The Oliver Wendell Holmes Lectures, 1963), 1965.
Also other books and legal journal articles.

Series List

Scope and Contents

The Arthur E. Sutherland Papers span the years 1923 to 1972, with the bulk of the material dating from 1950, when Professor Sutherland joined the Harvard Law School faculty.
The Papers include correspondence (both incoming and carbons of outgoing mail); manuscripts of published and unpublished writings and speeches; notes; drafts; outlines; lists; bibliographies; research material; legislative and legal documents; judicial decisions; reports; memoranda; galley proofs; newspaper clippings; printed items; photographs; phonograph records; and tapes.
The Papers relate to Professor Sutherland's teaching, writing, research, and other professional activities. Professor Sutherland's special field was constitutional law, and a large portion of his Papers relates to this field of law. The Papers include teaching notes of courses given by Professor Sutherland at Cornell Law School, Harvard Law School and Harvard College, and special lectureships such as the Rundell Lectures, delivered at the University of Wisconsin Law School November 16, 17 and 18, 1955, the lectures delivered at Oxford (England) as Fulbright Lecturer in 1956, the lectures on constitutional rights of minorities given over The Voice of America (radio) in 1960, the Oliver Wendell Holmes Lectures delivered at the University of North Carolina October 1, 2 and 3, 1963, the Meiklejohn Lecture delivered at Brown University May 1, 1964, and the Edward Douglass White Lecture delivered at Georgetown University Law Center October 21, 1964.
Another sizeable group of the Papers consists of Professor Sutherland's research materials, notes and drafts for the manuscript of section of the book Constitutional Law: Cases and Other Problems (1967 edition, in 2 volumes, by A.E. Sutherland, Paul E. Freund, Mark De Wolfe Howe, and Ernest J. Brown); there is also a fair amount of correspondence relating to his research for this manuscript. A third important group in the Papers relates to Mr. Sutherland's work as reporter-in-chief, and subsequently as consultant, on the Model Code of Pre-arraignment Procedure for the American Law Institute (1959-1965). A fourth group are the so-called Sunday Laws research files, which Professor Sutherland assembled while serving as chairman of a committee, appointed by Governor Volpe of Massachusetts. A fifth sizeable group of papers relates to Professor Sutherland's work as chairman of the Harvard Law School Faculty Committee which arranged the conference "Government Under Law," held at the Harvard Law School in September of 1955 on the occasion of the bicentennial of John Marshall's birth.
Included in the Papers are drafts in various stages of Professor Sutherland's two books, The Law at Harvard (1967) and Lawyer in America (which will be published posthumously). There is a sizeable amount of research materials assembled by Sutherland in connection with the writing of these monographs. Other small groups of material deal with Sutherland's participation as a member of state, professional or academic commissions and committees, such as the New York State Commission on the Quality, Cost and Financing of Elementary and Secondary Education, the Harvard Law School Committee on the Neiman Fellows, the New York State Constitutional Convention, and the so-called Federalism Project.
Correspondence in Professor Sutherland's Papers relates predominantly to his professional activities and research. The two Correspondence Series include both letters received and carbons of letters sent. However, beginning with 1962, Sutherland kept the carbons of letters sent in notebooks, each covering approximately one calendar year; these notebooks were placed in Paige Boxes 3 and 4.
Professor Sutherland's correspondents ranged from professional colleagues, fellow attorneys and Law School alumni to members of the judiciary. Some of his more important correspondents were: Elijah Adlow; Raymond Pace Alexander; William J. Brennan, Jr.; Emanuel Celler; Grenville Clark; Thomas Gardener Corcoran; Zelman Cowan; Archibald Cox; Ami Cutter; Robert F. Drinan; Samuel J. Ervin; Felix Frankfurter; Henry J. Friendly; Robert W. Kastenmeier; Kenneth B. Keating; John F. Kennedy; Edward J. Lumbard; Thomas J. Michie; J.D.B. Mitchell; John Lord O'Brian; Roscoe Pound; Nathan M. Pusey; Robert E. Quinn; Paul C. Reardon; John O. Rogge; Leverett Saltonstall; Samuel A. Stouffer; and Andre Tunc.
The Sutherland Papers also contains a group of tapes of interviews, speeches, and various other academic celebrations. Of special interest are Professor Sutherland's tape recordings of the reminiscences of Dean Roscoe Pound and Professor Austin Wakeman Scott.

Container List

Additional Index Terms

Harvard University -- History
United States. Constitution. 1st-10th Amendments.
Law Study and teaching.
Sunday legislation.
Law teachers.
Constitutional amendments -United States.
Adlow, Elijah, 1896-
Alexander, Raymond Pace.
Brennan, William J. (William Joseph), 1906-
Celler, Emanuel.
Clark, Grenville, 1882-1967.
Corcoran, Thomas Gardiner.
Cowan, Zelman, Sir.
Cox, Archibald, 1912-
Cutter, R. Ammi.
Drinan, Robert F.
Ervin, Sam J. (Sam James), 1896-1985
Frankfurter, Felix, 1882-1965.
Friendly, Henry Jacob, 1903-
Kastenmeier, Robert W.
Keating, Kenneth B. (Kenneth Barnard), 1900-1975.
Kennedy, John F. (John Fitzgerald), 1917-1963.
Lumbard, J. Edward.
Michie, Thomas J.
Mitchell, John David Bawden.
O'Brian, John Lord, b. 1874.
Pound, Roscoe, 1870-1964.
Pusey, Nathan Marsh, 1907-
Quinn, Robert E.
Reardon, Paul C.
Rogge, O. John (Oetje John), 1903-
Saltonstall, Leverett, 1892-
Stouffer, Samuel Andrew, 1900-1960
Sutherland, Arthur E., 1902-1973.
Tunc, André.
Government Under Law Conference, (1955: Harvard University).