Editorial Foreword Melvin I. Urofsky Chair, Board of Editors We begin this issue on a note ofsorrow, with the passing of retired Chief Justice Warren E. Burger. The members of the Society, as well as other readers ofthis Journal, will remember him forhis foresight and encouragement in the estab lishmentofan organizationdedicatedto the study and the promotion of the history of this nation’s highest tribunal. This particular issue demonstrates that there are many ways oflooking at that history. We are pleased to be able to carry a speech by a member of our northern neighbor’s constitutional court. We also think that most of our readers, many of whom studiedtheCourt’s historymorethana few years back, will find the article on teaching that history today to be of interest. Certainly our children, and their children, will be learning, and notjust about the Court, in a far different manner than we did. We arealso delightedthatone ofourmembers, the Honorable Sheldon S. Cohen, brought to us a document of inestimable worth, the diary that William O. Douglas kept during his first Term on theBench. The commentsfoundthere do muchto explain why the Court inthe 1940s earned a repu tation as one ofthe most fractious in our history. At the other end of the Court’s history, we have a new John Marshall document uncovered by the Documentary History Project of the Supreme Court 1789-1800. Itis from scraps likethese,both large and small, that historians can attempt to deciphertheoftencomplexhistoryofthe Supreme Court. Regrettably, the authorofthe article about the letter, James C. Brandow, passed away on November 11,1995. He had been an editorat the Project since 1989 and will be much missed. Two of our members have also contributed memoirs that we are proud to publish, since they shed light on different aspects of the Court’s history. Milton Handler and Robert L. Stem have had long and distinguished careers at the bar and aspublic servants, and theirpathshave frequently led them, in one capacity or another, to enter the Court as counsel for both the government and private litigants. Professor Handler recalls his year as a clerk with one ofthe giants oftwentiethcenturyjurisprudence , Harlan Fiske Stone, while Mr. Stem discusseshis service inthe Office ofthe Solicitor General during one ofthe mosttumultu ouseras inourhistory. Handler’s article isgreatly enhanced by private photographs taken by Louis Lusky, also a Stone clerk and a distinguished Columbia Law School professor, who has gener ously donated them to the Society. The establishment of a prize for a student essay has again yielded an article that we would have been happy to carry even if it had not been submitted for the Hughes-Gossett Award. The great outpouring of writing on Oliver Wendell Holmes, Jr., continues, in part at least, because of the way that Holmes has become an icon in ourjudicial history. I. Scott Messinger explores how that idolization began while Holmes still lived. Finally, we are adding one new feature this year, a retrospective book review. There are a smallnumberofclassicworksinAmericanconsti tutional history, and such is the fashion of schol arship that many ofthem are no longer known today. Beginning with this issue, we will carry reviews of classic books. John Paul Jones looks at the first modern analysis ofthe Court’s workload; next year his colleague, Michael Wolf, will look at the first modern history of the Court, that of Charles Warren. With this issue Clare Cushman takes over as managing editor, replacingJennifer M. Lowe, who has moved overto be Director of Programs. I want to thank Jennifer for all she has done the last few years, not least of which was to help a new editor over the hurdles of actually getting this periodical into your hands. Finally, let me thank those ofyou who have eitherdirectly or indirectly let us know thatyou like what we are trying to do with the Journal. You can help us to make it a better publication by sending us any ideas you may have. This is, after all, the journal of the members of the Supreme Court Historical Society. We are all bound together by our interest in that body’s history, and there are many roads left for us to explore. ACKNOWLEDGMENT The Officers...
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