Herbert Wechsler Papers, 1919-2000, bulk 1932-1995
Summary Information
Abstract
At a Glance
- Call No.:
- MS#1672
- Bib ID:
- 10392033 View CLIO record
- Creator(s):
- Wechsler, Herbert, 1909-2000
- Repository:
- Rare Book and Manuscript Library
- Physical Description:
- 300 linear feet (119 boxes (117 ms. boxes, 2 flat boxes) processed; 223 Record Cartons unprocessed )
- Language(s):
- English .
- Access:
- You will need to make an appointment in advance to use this collection material in the Rare Book and Manuscript Library reading room. You can schedule an appointment once you've submitted your request through your Special Collections Research Account.
-
This collection is located off-site. You will need to request this material at least three business days in advance to use the collection in the Rare Book and Manuscript Library reading room.
Series XIV is closed to researchers for personal or legal reasons.
Description
Summary
This collection contains the papers of lawyer and legal scholar Herbert Wechsler. The various documentation includes Wechsler's work with the United States Department of Justice (including documents from the Nuremberg and International Military Tribunals), The American Law Institute (including thework of the Model Penal Code), Columbia University, and several other organizations to which Wechsler contributed or with which he was affiliated. The collection also contains papers related to Wechsler's legal work, including documents pertaining to his work on New York Times Co. v. Sullivan. Wechsler's scholarly work is also collected here including drafts of articles, books, speeches, and special lectures such as his Oliver Wendell Holmes Lecture"Toward Neutral Principles of Constitutional Law". The Herbert Wechsler papers also cover various points of interaction Wechsler had with other figures in his field including Francis Biddle, Telford Taylor, and Supreme Court Justice Felix Frankfurter. The genre of documentation is primarily correspondence, reports, and writings with annotations. The collection also contains some ephemera and photographic materials and one audiocassette.
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Series I: Education, 1928-1940
Series I: Education (4 boxes, 2 linear feet). This series contains Herbert Wechsler's notebooks on various legal subjects during his coursework as a student at Columbia's Law School. This series also contains some of Wechsler's correspondence while a clerk for Supreme Court Justice H.F. Stone.
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Series II: Justice Department Work, 1942-1996
Series II: United States Department of Justice (5 boxes, 2.5 linear feet). This series pertains to Herbert Wechsler's work within the Department of Justice and is broken down into four Sub-Series. The first two sub-series (
A andB ) include Wechsler's work as Assistant to Attorney General Francis Biddle and with the Board of Legal Examiners, respectively. The second two sub-series (C andD ) relate to the International and Nuremberg Military Tribunals and Wechsler's work as an assistant to the American judges there. Of particular note is a set of correspondence pertaining to the political battle over Wechsler's nomination as Assistant Attorney General. -
Series III: American Law Institute, 1940-2003
Series III: American Law Institute (37 boxes, 18.5 linear feet). This series contains the work of Herbert Wechsler in various capacities with The American Law Institute. It is broken up into three Sub-Series.
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Series IV: Organizations, 1929-1996
Series IV: Organizations (13 boxes, 6.5 linear feet). This series contains files from various organizations Herbert Wechsler was a member of, did work for, or contributed toward. Some notable organizations and projects include the Association of the Bar of the City of New York, the New York State Temporary Commission on Revision of the Penal Law and Criminal Code, the United States Poultry Code Authority, and New York City's Rent Commission.
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Series V: Teaching and University Work, 1934-1987
Series V: Teaching and University Work (6 boxes, 3 linear feet). This series contains papers related to Wechsler's work as a professor and is split into two sub-series. A large portion of the series consists of the records of interaction with the faculty and various faculty initiatives within Columbia's Law School. Some of the material concerns the student unrest Columbia experienced in 1968 and the Faculty reaction and involvement, particularly at the Law School. A small portion of material deals with discussions on teaching methods.
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Series VI: Conferences, 1949-1990
Series VI: Conferences (2 boxes, 1 linear foot). This small series contains materials collected from or related to some of the conferences Wechsler attended or spoke at.
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Series VII: Legal Work, 1937-1992
Series VII: Legal Work (6 boxes, 3 linear feet). This series contains two sub-series.
Sub-Series A contains a portion of Herbert Wechsler's legal work, including some of the work and notes that went into the New York Times v. Sullivan case.Sub-Series B contains Wechsler's work as an arbitrator. -
Series VIII: Writings, 1932-1999
Series VIII: Writings(8 boxes, 4 linear feet). This series contains various writings by Wechsler including speeches and special lectures. Drafts, comments, and correspondence relative to the work that went into many of Wechsler's published work can be found in this series, especially relative to the creation of Wechsler's casebooks. Among the special lectures is Wechsler's article/lecture "Toward Neutral Principles of Constitutional Law" with drafts, notes, and responses. The series also contains Wechsler's "letters to the editor" of various publications.
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Series IX: Honors and Awards, 1936-1993
Series IX: Honors and Awards (2 boxes, 1 linear foot) This small series relates to the awards and honors, including honorary degrees, which Herbert Wechsler received, and contains the correspondence and other documentation sorrounding these awards. For the actual certificates themselves as well as additional honors and awards, see Series XIII: Oversize Documents, Photos, and Ephemera.
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Series X: Correspondence, 1932-1997
Series X: Correspondence(13 boxes, 6.5 linear feet). The series of Wechsler's correspondence contains both personal and professional exchanges with a variety of people and organizations. Of particular note is Wechsler's lengthy correspondence with Francis Biddle, Justice Felix Frankfurter, academic criminologist Sir Leon Radzincowitz, and President Richard Nixon (regarding advice on the amendment to reduce the voting age to 18).
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Series XI: Subject Files, 1936-1999
Series XI: Subject Files (9 boxes, 4.5 linear feet). This series contains various other files held by Wechsler corresponding to his life, work, and points of interest. These are from his personal files that do not fall into the other Series in the collection and contain clippings, notes, and other documentation on matters legal and otherwise. Also within this series is an oral history of Wechsler's, documented by Columbia University.
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Series XII: Oversize Documents, Photos, and Ephemera, 1928-1984
Series XII: Oversize Documents, Photos, and Ephemera (3 boxes, 1.75 linear feet). This series collects the loose photos, ephemera, and documents that were too large for the other boxes in the collection. It is divided into three sub-series (A: Photos, B: Large Documents, and C: Largest Documents) mostly according to size. Sub-series B and C are arranged according to date. This includes many of the awards and honorary degrees that Wechsler received. Some of the photo subjects include Francis Biddle, the Nuremberg trials and of course Wechsler himself.
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Series XIII: Wechsler Family Papers, 1929-1974
Series XIII: Family Papers (1 box, 0.5 linear feet). This series holds the papers of other Wechsler family members which Wechsler held, including correspondence with his father, some documents belonging to Doris Wechsler, and the yearbooks belonging to Herbert's brother James.
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Series XIV: Closed Documents, 1933-1985
Series XIV: Closed Documents (4 boxes, 2 linear feet). This series contains files that are closed for personal or legal reasons.
Arrangement
Collection is arranged into 14 series.
- Series I: Education, 1928-1940
- Series II: Justice Department Work, 1942-1996
- Sub-series A: Assistant Attorney General, 1942-1944
- Sub-Series B: Board of Legal Examiners, 1942-1945
- Sub-Series C: International Military Tribunal, 1945-1967
- Sub-series D: Nuremberg Military Tribunals, 1946-1996
- Series III: American Law Institute, 1940-2003
- Sub-series A: Directorship, 1963-1984
- Sub-Series B: Model Penal Code (MPC), 1941-2003
- Sub-series C: General Files, 1940-1995
- Series IV: Organizations, 1929-1996
- Series V: Teaching and University Work, 1934-1987
- Series VI: Conferences, 1949-1990
- Series VII: Legal Work, 1937-1992
- Series VIII: Writings, 1932-1999
- Sub-series A: Articles, 1932-1995
- Sub-series B: Books, 1933-1980
- Sub-series C: Special Lectures, 1958-1999
- Sub-series D: Speeches, 1941-1986
- Sub-series E: General Files, 1934-1985
- Series IX: Honors and Awards, 1936-1993
- Series X: Correspondence, 1932-1997
- Series XI: Subject Files, 1936-1999
- Series XII: Oversize Documents, Photos, and Ephemera, 1928-1984
- Sub-series A: Photos and Prints, 1941-1970
- Sub-series B: Large Materials, 1965-1984
- Sub-series C: Largest and Odd Shaped Materials, 1928-1966
- Series XIII: Wechsler Family Papers, 1929-1974
- Series XIV: Closed Documents, 1933-1985
- Series XV: Unprocessed Addition, 2014
- Series XVI: Unprocessed Addition, 2016
Using the Collection
Restrictions on Access
You will need to make an appointment in advance to use this collection material in the Rare Book and Manuscript Library reading room. You can schedule an appointment once you've submitted your request through your Special Collections Research Account.
This collection is located off-site. You will need to request this material at least three business days in advance to use the collection in the Rare Book and Manuscript Library reading room.
Series XIV is closed to researchers for personal or legal reasons.
Terms Governing Use and Reproduction
Reproductions may be made for research purposes. The RBML maintains ownership of the physical material only. Copyright remains with the creator and his/her heirs. The responsibility to secure copyright permission rests with the patron.
Preferred Citation
Identification of specific item; Date (if known); Herbert Wechsler Papers; Box and Folder; Rare Book and Manuscript Library, Columbia University Library.
Accruals
Materials may have been added to the collection since this finding aid was prepared. Contact rbml@columbia.edu for more information.
Ownership and Custodial History
Files created by or obtained by Herbert Wechsler. The collection was made a gift to the Arthur W. Diamond Law Library by Herbert Wechsler's wife, Mrs. Doris L. Wechsler, in 2000.
Immediate Source of Acquisition
2013.2014.M027: Source of acquisition--Diamond Law Library Special Collections. Method of acquisition--transfer; Date of acquisition--07/24/2013.
About the Finding Aid / Processing Information
Columbia University Libraries, Rare Book and Manuscript Library
Processing Information
Processed by Craig P. Savino, 2009.
Finding aid written by Craig P. Savino, 2010.
Papers processed 5/2/1999 mmb
Revision Description
2013-10-02 xml document instance create by Carrie Hintz
2019-05-20 EAD was imported spring 2019 as part of the ArchivesSpace Phase II migration.
Historical/Biographical Note
Born in 1909, Herbert Wechsler entered the City College of New York at 16 and later attended Columbia Law School where he was editor-in-chief of the Law Review. Wechsler graduated at the top of his class in 1931 and went on to serve as a clerk for Supreme Court Justice Harlan F. Stone. After working for Justice Stone, Wechsler returned to Columbia Law School to teach courses in federal jurisdiction and criminal law. During this time Wechsler would collaborate with his colleague Jerome Michael, a partnership that yielded the casebook Criminal Law and Its Administration.
Wechsler's one leave of absence from teaching began in 1940 when he started working in Washington for the Department of Justice, first serving in the Solicitor General's office (1940-1941) and then as Executive Secretary of the Board of Legal Examiners (1941-1942). While working for the Department of Justice, Wechsler formed a personal relationship with Attorney General Francis Biddle, who eventually asked Wechsler to become Assistant Attorney General in charge of the War Division dealing with issues arising from World War II. One of the more notable issues Wechsler had to deal with in this position was reviewing the appellate arguments on behalf of the United States in favor of its internment policy for the case Korematsu v. The United States (1944). When Francis Biddle was appointed as the American Judge for the International Military Tribunal in Nuremberg, Wechsler was asked to assist in the Justice Department's preparations for the Tribunals and he eventually worked in Germany as the Principal Technical Adviser to the American judges.
In the years following the war Wechsler returned to teach at Columbia and took on a joint class with Henry Hart on the Federal Courts. The class became the impetus behind a casebook by the two, Hart and Wechsler's The Federal Courts and the Federal System, which became a lauded book in the field and has gone through several editions. While at Columbia Wechsler also worked publicly, serving at the request of New York City Mayor William O'Dwyer as a member of the New York City Rent Commission and as a general adviser on the problems of rent control. Wechsler also worked for New York State on its Temporary Committee for Revision of the Penal Law and Criminal Code.
In 1952 Wechsler began his work as Chief Reporter on The Model Penal Code (MPC) for the American Law Institute (ALI), completing it a decade later. The MPC has since been used as a guide for most state legislatures and has helped in the standardization of codified penal laws in the United States. The same year Wechsler finished the MPC (1962) he was appointed as Director of the ALI. As Director, Wechsler presided over the creation of many studies and models produced by the institute including the Corporate Governance Project, the Second Restatement of Torts, and a Model Code of Pre-Arraignment.
In addition to teaching at Columbia and working with the American Law Institute, Wechsler worked as a private practitioner, with his most notable case being New York Times Co. v. Sullivan (1964). Wechsler successfully represented the New York Times as petitioner against the pursuit of a libel action by L.B. Sullivan, a city commissioner in charge of police in Montgomery, Alabama. The Supreme Court overturned the earlier judgment for Sullivan, convinced by Wechsler's arguments that the standard of libel for public officials and their conduct must come from statements made with actual malice as opposed to negligence. Wechsler also produced many speeches, articles, and books, including most notably his Oliver Wendell Holmes Lecture (and Harvard Law Review article) "Toward Neutral Principles of Constitutional Law," written in 1959. Wechsler argued that judicial decisions must rest on reason and analysis (rather than concern for what immediate result might be reached from a ruling) and described "Neutral Principles" that could be applied. Using these "standards of neutrality" Wechsler criticized several Supreme Court decisions including Brown v. Board of Education of Topeka, generating controversy within the world of law scholars as well as without when portions of the lecture were re-published in U.S. News And World Report.
Herbert Wechsler died in April of 2000 in New York City, lauded as a "Legal Giant" by the
Sources:
Dillard, Hardy Cross, "Herbert Wechsler,"Columbia Law Review, Vol. 78, No. 5 (Jun., 1978), pp. 953-956.
"Herbert Wechsler, Legal Giant, Is Dead at 90."The New York Times, 28 Apr. 2000. Stable URL: http://www.nytimes.com/2000/04/28/us/herbert-wechsler-legal-giant-is-dead-at-90.html
Shapiro, David L., "Herbert Wechsler--A Remembrance,"Columbia Law Review, Vol. 100, No. 6 (Oct., 2000), pp. 1377-1383.
Subject Headings
The subject headings listed below are found in this collection. Links below allow searches for other collections at Columbia University, through CLIO, the catalog for Columbia University Libraries, and through ArchiveGRID, a catalog that allows users to search the holdings of multiple research libraries and archives.
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