Judicial Biography Needed:
Every modern Supreme Court Justice becomes the subject of one or more judicial biographies. It's a different picture in the court of appeals. Circuit Court Judges occasionally become the subject of a biography, but coverage is spotty. Of course, Gerald Gunther brought us the fantastic Learned Hand biography. And other judges have also been the subjects of biographies of varying qualities, including Frank Johnson, Skelly Wright, Bill Hastie, John Biggs, and Harold Medina, just to name a few.
But who will write a biography of Judge Henry J. Friendly? As far as I know, no one has written a biography of Friendly. But Judge Friendly probably had the most lasting influence of any Circuit Judge of the 1960s and 1970s. Also, he seems to have been a fascinating and brilliant figure. Plus, his law clerks have gone on to great prominence, making the story of the judge all the more interesting. Altogether, Judge Friendly seems like a natural subject for a biography. But is anyone planning to write one? Someone should. (Full confession: I have sometimes thought it would be cool to try myself, but I have absolutely no training in such things so I doubt I would ever try.)
But who will write a biography of Judge Henry J. Friendly? As far as I know, no one has written a biography of Friendly. But Judge Friendly probably had the most lasting influence of any Circuit Judge of the 1960s and 1970s. Also, he seems to have been a fascinating and brilliant figure. Plus, his law clerks have gone on to great prominence, making the story of the judge all the more interesting. Altogether, Judge Friendly seems like a natural subject for a biography. But is anyone planning to write one? Someone should. (Full confession: I have sometimes thought it would be cool to try myself, but I have absolutely no training in such things so I doubt I would ever try.)
On an aside, I must admit to never knowing that Friendly committed suicide. While undoubtedly a tragic way to end a distinguished life, hopefully that choice allowed him to die in peace. Whom I to say that a man needlessly suffer when he has done all that is asked of him?
Judge Boudin's recent piece in the NYU Law Review (V. 82, p. 975) cites to "Stephen R. Barnett, Henry Jacob Friendly, in Yale Biographical Dictionary of American Law (Roger K. Newman ed., forthcoming 2008)"
I agree that someone should write it.
What happens to a dream deferred?
1. Sounds cooler at cocktail parties. Compare and contrast: "I'm Orin Kerr, and I'm working on a new law review article about the intersection of 4th amendment jurisprudence with a footnote from a recent court case somewhere." vs. "I'm Orin Kerr, biographer."
2. Suppose your goal is to just get a well-written biography of Judge Friendly written, not necessarily by you. If you write a masterpiece, well then, mission accomplished.
But if not...imagine a historian sitting around in his office one afternoon. Which of these thoughts is more likely? (a) "I heard that Kerr guy once thought about doing a bio of Judge Friendly, but gave up. Friendly must not be that interesting a guy after all." (b) "Kerr's new bio of Judge Friendly really sucks, looks like I'll have to do one myself to set the record straight." (c) "Kerr gave up on his bio of Judge Friendly, but what the hell, I'll write one anyway." Just off the cuff, item (c) sounds the least likely of the three, at least to me. If so, then even if your attempt turns out less than stellar, at least it might stimulate further scholarly interest in Judge Friendly.
3. Under what other
pretensecircumstances could you potentially get to have a personal interview with a sitting Supreme Court Chief Justice?To be serious, Henry Friendly was a giant of legal thought and deserves a biography. Since we're on this topic, I wish someone would write a biography of Elbert Parr Tuttle. Judge Friendly did great legal work, but I doubt he ever willingly exposed himself or his family to the personal danger and opprobrium that Judge Tuttle and the other members of the "Fifth Circuit Four" did in enforcing civil rights. Of course, one would expect no less of a true hero of the Great War, as Judge Tuttle was.
Others can correct me, but I think the immediate cause of Judge Friendly's suicide was that he was about to go blind.
OTOH, I recall hearing that law professors at Stanford would be met with teasing resistance by the deanery if they hinted they were planning to take on a biography, given the decades of work that Gunther poured into the Hand bio rather than other work.
From: Steverino at Megawatt Publishing
Re: Manuscript re Henry J. Friendly
Dear Orin:
Thanks for your manuscript on Judge Friendly, it's quite comprehensive. I'm crazy about it, but am not sure how to bring a book to the mass market that's basically about a guy in a black robe who sits around all day reading and writing.
Let me know if there is some way you can bring some color to Judge Friendly (awesome name!). For example, what was his relationship to Anna Nicole Smith? Was he in the Emperors Club? How was he able to drive such a nice car and afford to live in New York on his measly paycheck? How many times did he flunk the bar exam? Did he dump his old wife after she was diagnosed with some dread disease?
We also need some drama somehow for the movie/video rights, it seems like he never has crazy people in his courtroom except for government lawyers. How many times did he disarm a spectator brandishing a weapon back in the day? Was he a gun nut himself, like that judge in "And Justice for All?" Did he fly a helicopter with a near-empty gas tank?
If you can find a way to fill in the boring gaps, I can find a way to get this in the bookstores. Don't worry about getting too anal on verifying your sources, our sister label publishes Corsi's books, and we have a big-ass excess liability policy with General Re.
Call me on my cell and we can hash this out over breakfast. Be well.
Yours etc.,
Steverino
The biographer would have to deal with Judge Cameron's allegation that the draw for selection of judges to hear appeals in desegregation cases was rigged to assure two members of "The Four" on each such panel. I think there probably was something to that charge, though that fact is perhaps best buried.
Are you referring to "Unlikely Heroes" by Jack Bass?
I've always heard Judge Friendly's suicide attributed to the fact that he just couldn't go on without his wife, who died shortly before his suicide. Though the only online source I was able to quickly locate mentions both his wife and his failing eyesight:The extent of its accuracy is anyone's guess.
Professor Kerr:
I don't disagree in the least that Henry Friendly merits a biography. Apart from telling his personal story, there would be no shortage of fascinating legal material to cover. But it seems to me that the book would make for some painful writing, given how it must end.
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