December 4, 1909|
New York City
|Died||April 26, 2000
Manhattan, New York
|Institutions||Columbia Law School|
|Alma mater||Columbia Law School
City College of New York
Herbert Wechsler (December 4, 1909 – April 26, 2000) was a legal scholar and former director of the American Law Institute (ALI). He is most widely known for his constitutional law scholarship and for the creation of the Model Penal Code. The Journal of Legal Studies has identified Wechsler as one of the most cited legal scholars of the 20th century.
Education and early career
Wechsler entered City College of New York at the age of 16 and graduated in 1928 with a bachelor's degree in French. He enrolled at Columbia Law School, and served as editor-in-chief of the Columbia Law Review at age 20. He graduated in 1931. After graduation he joined the faculty, then took a one-year leave to clerk for Justice Harlan F. Stone of the U.S. Supreme Court.
In 1940, Wechsler went to Washington D.C. to work for the Justice Department. He argued five cases in front of the U.S. Supreme Court during that period. Among these, he took part in arguing Korematsu v. United States, as Assistant Attorney General, on the side of the United States government in its wartime internment of citizens and residents of Japanese ancestry. During World War II, Wechsler served as assistant attorney general in charge of the War Division. During 1945-1946, he was a principal assistant to U.S. Judge Francis Biddle and U.S. Alternate Judge John J. Parker at the International Military Tribunal in Nuremberg (the trial of the principal Nazi war criminals). He then returned to Columbia, where he remained an active professor until 1978 and then took emeritus status.
In 1959, Wechsler delivered his Holmes lecture at Harvard Law School entitled "Toward Neutral Principles of Constitutional Law". It was also around this time that Wechsler authored a number of casebooks that changed ideas about criminal law and the federal courts. In 1963, Wechsler's proposed official draft of the Model Penal Code was approved, bringing to a close a decade-long project at the American Law Institute. His wife, Doris Wechsler, has noted that he considered the Model Code to be his greatest achievement. Shortly after the approval of the Model Code, Wechsler was named director of the Institute, a position which he held until 1984.
In 1964, Wechsler argued the seminal case New York Times v. Sullivan before the Supreme Court. The Supreme Court in that case unanimously held that the First and Fourteenth Amendments barred awards of damages to a public official for defamation relating to his or her official conduct unless the public official proves "actual malice."
During Wechsler's tenure as director, the American Law Institute completed the second restatement of the Conflict of Laws, Contracts, Judgments, and Torts, as well as the original restatement of Foreign Relations Law of the United States and large parts of the Second Restatement of Property. The Institute also conducted various studies in federal taxation and completed the Federal Securities Code, the Model Land Development Code, the Model Code of Pre-Arraignment Procedure, the Study of the Division of Jurisdiction Between State and Federal Courts, and made major revisions to the Uniform Commercial Code. The ALI's Principles of Corporate Governance and the current Restatement of Foreign Relations Law of the United States were also conceived, initiated, and developed under his direction.
Following his retirement as director of the ALI in 1984, Wechsler remained active in the Institute's activities as a member of the council until his death in 2000.
In 1993, Wechsler became the third recipient of the American Law Institute's Henry J. Friendly Medal for "outstanding achievement in promoting reform and clarification of the law" and for the way that his "outstanding intelligence, integrity, and devotion to the law ... enriched the subjects of Constitutional Law, Criminal Law, and Federal Jurisdiction, as well as legal thinking generally." Wechsler is also a recipient of the Association Medal of the New York City Bar Association for exceptional contributions to the honor and standing of the bar in the community.
- Shapiro, Fred R. (2000). "The Most-Cited Legal Scholars". Journal of Legal Studies 29 (1): 409–426. doi:10.1086/468080.
- Lewin, Tamar (2000-04-28). "Herbert Wechsler, Legal Giant, Is Dead at 90". The New York Times.
- Rudy Carmenaty (2004). "C250 Celebrates Your Columbians: Herbert Wechsler". Columbia University. Retrieved 2007-09-16.
- "Herbert Wechsler". ALI Reporter. Summer 2000. Retrieved 2007-09-16.
- Korematsu v. United States, 323 U.S. 214 (1944), Brief for the United States, 1944 WL 42850 (U.S.), No. 22., October Term, 1944, p. 59.
- Abrams, Floyd (2005). Speaking Freely. Viking Press. p. 4.
- The short film ALI Audiovisual History - Herbert Wechsler (Part 1) (1989) is available for free download at the Internet Archive
- The short film ALI Audiovisual History - Herbert Wechsler (Part 2) (1989) is available for free download at the Internet Archive
Herbert Funk Goodrich
|Director of the American Law Institute
Geoffrey C. Hazard, Jr.