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Henry Friendly, Greatest Judge of His Era Hardcover – March 27, 2012
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Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, David M. Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.
During his time on the Court of Appeals for the Second Circuit (1959–1986), Judge Friendly was revered as a conservative who exemplified the tradition of judicial restraint. But he demonstrated remarkable creativity in circumventing precedent and formulating new rules in multiple areas of the law. Henry Friendly, Greatest Judge of His Era describes the inner workings of Friendly’s chambers and his craftsmanship in writing opinions. His articles on habeas corpus, the Fourth Amendment, self-incrimination, and the reach of the state are still cited by the Supreme Court.
Dorsen draws on extensive research, employing private memoranda between the judges and interviews with all fifty-one of Friendly’s law clerks―a veritable Who’s Who that includes Chief Justice John R. Roberts, Jr., six other federal judges, and seventeen professors at Harvard, Yale, Stanford, and elsewhere. In his Foreword, Judge Richard Posner writes: “David Dorsen has produced the most illuminating, the most useful, judicial biography that I have ever read . . . We learn more about the American judiciary at its best than we can learn from any other . . . Some of what I’ve learned has already induced me to make certain changes in my judicial practice.”
- Print length512 pages
- LanguageEnglish
- PublisherBelknap Press: An Imprint of Harvard University Press
- Publication dateMarch 27, 2012
- Dimensions6.12 x 1.5 x 9.25 inches
- ISBN-100674064399
- ISBN-13978-0674064393
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Editorial Reviews
Review
“Dorsen...has written a first-rate biography of a judge whose opinions had great influence on the law and legal scholarship.”―Michael Eshleman, Library Journal
“[Dorsen] constructs an intricate account of how Friendly diligently shaped the landscape of American law.”―Adam White, Wall Street Journal
“Dorsen's biographical sketch offers some fascinating pieces of American legal history, and Posner's introduction is a valuable evaluation of Friendly by a fellow judge...Friendly merits study not as a model for other judges but as a rare example of legal genius.”―David Marcus, The Deal
About the Author
Richard A. Posner retired as a judge of the United States Court of Appeals for the Seventh Circuit in 2017. He was previously a senior lecturer at the University of Chicago Law School.
Product details
- Publisher : Belknap Press: An Imprint of Harvard University Press; First Edition (March 27, 2012)
- Language : English
- Hardcover : 512 pages
- ISBN-10 : 0674064399
- ISBN-13 : 978-0674064393
- Item Weight : 1.91 pounds
- Dimensions : 6.12 x 1.5 x 9.25 inches
- Best Sellers Rank: #1,632,971 in Books (See Top 100 in Books)
- #494 in Courts & Law
- #1,134 in Legal History (Books)
- #1,170 in Lawyer & Judge Biographies
- Customer Reviews:
About the author
David Dorsen is the proverbial man for all seasons.
He’s a prominent jurist in high profile cases, an author of both fiction and non-fiction, a newspaper columnist, a food and wine critic, and a law professor.
Some 45 years ago he was assistant chief counsel of the Senate Watergate Committee, the investigation that led to the resignation of President Richard Nixon. This gives him a unique perspective on events of the day. He is also a former assistant US Attorney under Robert M. Morgenthau.
Dorsen in 2018 completed his first novel, a contemporary account of a fictional libel case involving the President of the United States. It’s called Moses v. Trump, which was out in November.
He has a lot of experience in such cases having represented Vietnam era Gen. William Westmoreland in a libel suit against CBS and Mike Wallace, and also John and Maureen Dean in a libel suit against St. Martin’s Press and Watergate figure G. Gordon Liddy.
He has taught at Duke University in North Carolina, and Georgetown University Law Center and George Washington University Law School, both in Washington, DC.
Since Trump was elected in 2016, Dorsen has been called on to give expert commentary on national programs, particularly after Trump’s controversial nomination of Judge Brett Kavanaugh to the Supreme Court.
Though they often differed on issues, Dorsen was a long-time friend of the late Supreme Court Associate Justice Antonin Scalia and wrote a well-regarded book, The Unexpected Scalia: A Conservative Justice’s Liberal Opinions.
An earlier book Dorsen wrote was Henry Friendly, Greatest Judge of his Era (with Richard A. Posner, 2012), which won the Green Bag Award for Exemplary Legal Writing.
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The book follows Friendly from his childhood in Elmira, NY, to Harvard Law School where his record was so strong as to rival that of Louis Brandeis. Here he encounters Felix Frankfurter and is elected president of the prestigious Harvard Law Review. Graduating in 1927, FF sends him off to clerk for Brandeis on the Supreme Court. More than the author, apparently, I think this period of working with LDB shaped Friendly's work habits and personality. Next, Friendly engages in a 32-year private practice career, and helps found the current firm of Cleary Gottlieb. His practice is heavy on administrative law, an area about which he would write extensively while on the bench and in publications. I am always intrigued by how one gets selected for the bench, and the author offers a short but insightful chapter on how Friendly made the cut (it is always helpful to have influential friends).
The author's research is unsurpassed; he interviewed all of Friendly's former clerks, many of whom have themselves had distinguished judicial or academic careers, as well reviewing his papers, all his decisions, his non-judicial writings, and conducting many additional interviews. This allows him to develop the real payoff to a solid judicial biography: how the judge functioned in chambers, how his opinions were written, and how he interacted with this colleagues and other judges (including Supreme Court Justices). Much like LDB, Friendly did his own work, for example writing all his own opinions (very unusual to say the least for Circuit Judges and Supreme Court Justices today). An entire chapter is devoted to his relationship with clerks, an area (pioneered by Todd Peppers among others) that affords an invaluable insight into how he discharged his responsibilities. He wrote alone, in prodigious amounts, and very, very quickly, even though hampered (like Brandeis) with poor vision. He neither liked over-zealous advocacy or being Chief Judge. But his opinions stand out because they accurately recount how he reached his decisions.
All this carries the reader to page 139 where the author tackles one of the most difficult choices in writing a judicial biography: how to address the body of the judge's written opinions, and how many of them to include. Often, judicial biographers dump onto the general reader so much legal material, their eyes glaze over. Here the author has decided to deal first with the personal elements of Friendly, and limit analysis of his decisions to the final sections of the book. Consequently, the reader confronts case analysis between pp. 139-345. Each of these 15 chapters is devoted to a single topic, and in toto they really cover the landscape of Friendly's opinions. I especially found the chapters on the Fifth Amendment; Administrative Law; Habeas Corpus; Federal Court Jurisdiction and Common Law; and Procedure to be very well done. This massive amount of opinion material is something to be considered by prospective readers. I prefer thoroughness, and this is what you thankfully get.
The author wraps it up with a chapter on Friendly's death and his legacy. One never is fixated on the fact that Friendly took his own life as he reads the book, because the focus is on Friendly in the full flower of his intellectual potency and considerable influence on the development of American law. A fine introduction by Judge Richard Posner, himself one of our finest Circuit judges, contains helpful insights into the Friendly he knew. Having handy a copy of Friendly's 1967 collection of articles,"Benchmarks," is decidedly helpful. 113 pages of notes attest to the author's thorough research. So, we have Gunther's fine bio of Learned Hand, one of the most influential Circuit judges (also on the 2d Cir.) during the first half of the 20th century; and this majestic bio of Henry Friendly who can claim that title for the second half of the century. We must be extremely thankful for both of the judges and for their impressive biographers.