Abstract

ON THE OCCASION of his official retirement as John H. Boalt Professor of Law, Henry W. Ballantine will merely end one phase of his long, varied and constructive career in the Law. It is reasonably safe to predict that he will fruitfully extend his dedicated services to the Law as long as he lives. His writings, especially in his major chosen field, constitute a real contribution to our American jurisprudence. His reputation as a legal author, as demonstrated by the increasingly frequent reference to his works in federal and state appellate court opinons, law reviews, and other legal periodicals, is too well established nationally to need more than passing mention. Professor Ballantine also rightfully occupies a high place on the roster of eminent American law teachers of our generation. It was never my privilege to be one of his law students, but I gratefully acknowledge-as I am sure countless others of my contemporaries in like situation do also--that since shortly after I entered practice, he has been one of my helpful preceptors. This short article will not attempt to deal with Professor Ballantine's career as an outstanding law teacher, scholar, and author of national repute, but will confine itself principally to a brief discussion of his role as the architect and chief builder of our modern California corporation laws. The Law, it has been frequently charged by some of its many critics, is a sterile and non-creative profession. It is true that its works are not as spectacular as those of the architect, the engineer, or the bridge builder, because it deals in abstractions. But despite the fact that it erects no physical edifices, the Law has its constructive side, even below the high level of legal philosophy. Trusts, negotiable instruments, trust indentures, and the corporation-to mention only a * Member of the California Bar.

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