Overview
The Papers of Paul Freund consist of materials related to his work as government lawyer, author, teacher, authority on Constitutional Law, and as a member of numerous organizations, such as the American Association of Arts and Sciences.
Dates
- Creation: 1918 - 1993
Conditions Governing Access
Access to these papers is governed by the rules and regulations of the Harvard Law School Library. This collection is open to the public, but is housed off-site at Harvard Depository and requires 2 business-day advance notice for retrieval. Consult the Special Collections staff for further information.
Conditions Governing Use
The Harvard Law School Library holds copyright on some, but not all, of the material in our collections. Requests for permission to publish material from this collection should be directed to the Special Collections staff. Researchers who obtain permission to publish from the Harvard Law School Library are also responsible for identifying and contacting the persons or organizations who hold copyright.
Extent
1 collection (242 boxes and 17 Paige boxes)The material in this collection reflects both Paul Freund’s career and personal life, which were inextricably entwined. The bulk of the material reflects his work as a professor of law and as a member of the Harvard community. There is also substantial material from his time as a government lawyer. His work with numerous organizations, including his alma mater Washington University and The American Academy of Arts and Sciences, is also well represented. A small portion of the collection stems from his college and graduate years.
The Paul A. Freund Papers include both institutional and personal correspondence, memoranda, speeches, articles, publications, court opinions, clippings, briefs, drafts, research notes, copies of bills, and some ephemera.
Biography and Chronology
Paul Abraham Freund, 1908-1992, was a preeminent legal scholar. Under the guidance of Professor Thomas Reed Powell, Felix Frankfurter and others, Freund became a standout student at Harvard Law School, and was elected as President of the Harvard Law Review from 1930-1931.
After receiving his S.J.D. magna cum laude in 1932, Freund spent a year as clerk to Supreme Court Justice, Louis Brandeis. He remained in Washington for the rest of the decade, working as a government lawyer in the Treasury Department (under Thomas Corcoran and Dean Acheson), Reconstruction Finance Corporation (under Stanley Reed), and finally in the Solicitor Generals Office (again with Stanley Reed, followed by Robert Jackson). In Washington, Freund argued before the United States Supreme Court and wrote briefs for New Deal cases such as gold clause and Tennessee Valley Authority.
Freund returned to Harvard in the fall of 1939 and began an academic career that would take up the rest of his life. (The only interruption was a return to the Department of Justice from 1942-1946.) He became a respected professor at the Law School and, after appointment as Carl M. Loeb University Professor in 1958, at Harvard College as well. Freund created a course for undergraduates, Social Sciences 137: "The Legal Process." It became so popular that he lectured to a packed Sanders Theater. His commitment to his role as teacher and writer was so great that when, in late 1960, a newly-elected John F. Kennedy offered him the Solicitor Generalship, Freund declined, stating his feeling that he could accomplish more for the public good from his post at Harvard.
Besides teaching, Freund’s main academic endeavor for a full 34 years of his life was as Editor of the History of the Supreme Court of the United States. This project was funded by money that Justice Oliver Wendell Holmes left to the United States Government after his death, known as the Holmes Devise. Freund oversaw the production of seven volumes but was not able to see the project to its completion.
During his tenure as professor, Freund vowed not to act as attorney on any cases. However, he did lend his expertise as an academic and advisor beyond the confines of Harvard. In the 1950s he aided Thurgood Marshall and the N.A.A.C.P. legal defense team with the school desegregation cases and was one of John F. Kennedy's team of advisors during his 1960 presidential campaign. Freund also took public stances on many contemporary issues including the Equal Rights Amendment, school prayer, presidential disability, and the elimination of the Electoral College.
In the 1970s Freund led a Federal Judicial Center study that produced the Report of the Study Group on the Caseload of the Supreme Court. Also known as the Freund Report, it recommended the formation of a National Court of Appeals to alleviate some of the Supreme Court's caseload. While Congress never enacted Freund’s recommendations, the report sparked a significant national debate that continues to the present day.
As a leading authority on the U.S. Constitution and the Supreme Court, Freund’s name was mentioned several times as a candidate for the Supreme Court. Freund was considered a top candidate for Supreme Court vacancies during both the Kennedy and Johnson administrations but was never nominated.
- 16 February 1908 Paul Abraham Freund (PAF) born to Charles J. and Hulda (Arenson) Freund
- 1919 PAF graduates from Wyman School in St. Louis at age 11
- 1923 Graduates from McKinley High School in St. Louis at age 15, ranking second in his class
- 1928 A.B. from Washington University
- 1928 Enters Harvard Law School
- 1930 -1931 Editor of Harvard Law Review
- 1931 LL.B. HLS
- 1932 S.J.D from HLS
- 1932 -1933 PAF clerks for United States Supreme Court Justice Louis Dembitz Brandeis
- June 1933 Takes position in the U.S. Treasury as an attorney in the office of Mr. Corcoran, Special Assistant to the Secretary (Dean Acheson, Undersecretary)
- December 1933 PAF moved to legal team of the Reconstruction Finance Corporation (RFC)
- 1934 PAF helps to write briefs for gold clause cases
- 18 February 1935 Government won private gold clause cases
- March 1935 Stanley Reed asks PAF to join him in the Solicitor General’s office
- 17 July 1936 Promoted from Attorney to Principal Attorney in the Office of the Solicitor General
- 15 February 1937 Appointed Special Assistant to the Attorney General [Homer S. Cummings], assigned to the Office of the Solicitor General
- November 1937 Argues his first case, White v. Aronson, before the United States Supreme Court. “Puzzle case” in which PAF makes a much-publicized quip about the U.S. Supreme Court being a puzzle. PAF loses the case.
- 1939 Appointed Lecturer in Law, Harvard Law School
- 1940 Appointed Professor of Law, Harvard Law School
- 3 October1941 Louis Dembitz Brandeis dies, PAF speaks at his memorial
- 1942 PAF returns to Washington D.C.; becomes Special Assistant to Attorney General Francis Biddle
- 28 December 1945 Resigns as Special Assistant to the Attorney General
- Fall 1945 Resumes teaching at Harvard Law School
- 1 July 1950 Appointed Charles Stebbins Fairchild Professor of Law
- 2 April 1951 PAF’s mother dies
- 1953-1954 PAF part of group of legal advisors who advised Thurgood Marshall and the N.A.A.C.P. during school segregation cases
- 1954 LLD (honorary degree), Columbia University
- 9 March 1955 Elected to serve as a member of the N.A.A.C.P. National Legal Committee
- September 1956 PAF named Editor-in-Chief of Oliver Wendell Holmes Devise History of the Supreme Court of the United States
- 1956 LLD (honorary degree), University of Louisville, delivered lecture on Brandeis
- 1957 Appointed Royall Professor of Law
- September 1957-March 1958 PAF appointed Pitt Professor of American History and Institutions, Cambridge University, receives honorary M.A. from Cambridge
- February 1958 PAF appointed Carl M. Loeb University Professor
- November 1960 Kennedy offers PAF Solicitor Generalship, PAF declines
- 1961 LLD (honorary degree), University of Chicago and LHD (honorary degree), Hebrew Union College
- October 1962 Elected to membership on the Board of Directors for Washington University
- 1964 Elected President of the American Academy of Arts and Sciences, 1964-1967
- April 1964 PAF’s sister, Virginia dies
- 1964 LLD (honorary degree), Boston University
- 1964 Teaches at summer session, University of Colorado Boulder
- 1968 LittD (honorary degree), Cornell College
- 1968 DCL (honorary degree), Union College
- 1969 Teaches for year at Stanford’s Center for Advanced Studies in Behavioral Sciences
- 1969 Appointed chair of the Committee of Five formed in response to possible misconduct by Harvard teaching staff during student occupation of University Hall
- June 1969 Receives honorary Doctor of Laws from Tufts and delivers commencement address
- 1970 LLD (honorary degree), Queens University, Ontario
- 1971 Elected to membership in the Institute of Medicine
- 1972 Report of the Study Group on the Caseload of the Supreme Court, i.e. Freund Commission released
- 1972 LLD (honorary degree), Brown University
- 1972 LLD (honorary degree), Yale
- 1973 LittD (honorary degree), Bates College
- 1973 LittD (honorary degree), Temple University
- 1974 LLD (honorary degree), Brandeis University
- 1974 LLD (honorary degree), Williams College
- 1975 LittD (honorary degree), Yeshiva University
- 1976 Retires—becomes emeritus
- 1977 LLD (honorary degree), Clark University
- 1977 LLD (honorary degree), Harvard University
- 1978 Awarded Learned Hand Medal for excellence in Federal Jurisprudence by Federal Bar Council
- 1978 HHD (honorary degree), Stonehill College
- 1978 Stanley Katz becomes co-editor of Supreme Court History
- December 1978 Attends International Congress of Jewish Lawyers in Jerusalem
- 1981 LLD (honorary degree), University of Bologna
- 1982 LLD (honorary degree), Georgetown University
- 1986 Receives Harvard Medal at 350th Celebration
- 1989 Awarded the Henry J. Friendly Award by ALI for distinguished achievement in the law
- 1990 “Quits” as Supreme Court History editor
- 1990 Honorary member of Order of the Coif
- February 5 1992 PAF dies of cancer
- 16 February 1908
- Paul Abraham Freund (PAF) born to Charles J. and Hulda (Arenson) Freund
- 1919
- PAF graduates from Wyman School in St. Louis at age 11
- 1923
- Graduates from McKinley High School in St. Louis at age 15, ranking second in his class
- 1928
- A.B. from Washington University
- 1928
- Enters Harvard Law School
- 1930 -1931
- Editor of Harvard Law Review
- 1931
- LL.B. HLS
- 1932
- S.J.D from HLS
- 1932 -1933
- PAF clerks for United States Supreme Court Justice Louis Dembitz Brandeis
- June 1933
- Takes position in the U.S. Treasury as an attorney in the office of Mr. Corcoran, Special Assistant to the Secretary (Dean Acheson, Undersecretary)
- December 1933
- PAF moved to legal team of the Reconstruction Finance Corporation (RFC)
- 1934
- PAF helps to write briefs for gold clause cases
- 18 February 1935
- Government won private gold clause cases
- March 1935
- Stanley Reed asks PAF to join him in the Solicitor General’s office
- 17 July 1936
- Promoted from Attorney to Principal Attorney in the Office of the Solicitor General
- 15 February 1937
- Appointed Special Assistant to the Attorney General [Homer S. Cummings], assigned to the Office of the Solicitor General
- November1937
- Argues his first case, White v. Aronson, before the United States Supreme Court. “Puzzle case” in which PAF makes a much-publicized quip about the U.S. Supreme Court being a puzzle. PAF loses the case.
- 1939
- Appointed Lecturer in Law, Harvard Law School
- 1940
- Appointed Professor of Law, Harvard Law School
- 3 October1941
- Louis Dembitz Brandeis dies, PAF speaks at his memorial
- 1942
- PAF returns to Washington D.C.; becomes Special Assistant to Attorney General Francis Biddle
- 28December 1945
- Resigns as Special Assistant to the Attorney General
- Fall 1945
- Resumes teaching at Harvard Law School
- 1 July 1950
- Appointed Charles Stebbins Fairchild Professor of Law
- 2 April1951
- PAF’s mother dies
- 1953-1954
- PAF part of group of legal advisors who advised Thurgood Marshall and the N.A.A.C.P. during school segregation cases
- 1954
- LLD (honorary degree), Columbia University
- 9 March1955
- Elected to serve as a member of the N.A.A.C.P. National Legal Committee
- September 1956
- PAF named Editor-in-Chief of Oliver Wendell Holmes Devise History of the Supreme Court of the United States
- 1956
- LLD (honorary degree), University of Louisville, delivered lecture on Brandeis
- 1957
- Appointed Royall Professor of Law
- September 1957-March 1958
- PAF appointed Pitt Professor of American History and Institutions, Cambridge University, receives honorary M.A. from Cambridge
- February 1958
- PAF appointed Carl M. Loeb University Professor
- November 1960
- Kennedy offers PAF Solicitor Generalship, PAF declines
- 1961
- LLD (honorary degree), University of Chicago and LHD (honorary degree), Hebrew Union College
- October1962
- Elected to membership on the Board of Directors for Washington University
- 1964
- Elected President of the American Academy of Arts and Sciences, 1964-1967
- April 1964
- PAF’s sister, Virginia dies
- 1964
- LLD (honorary degree), Boston University
- 1964
- Teaches at summer session, University of Colorado Boulder
- 1968
- LittD (honorary degree), Cornell College
- 1968
- DCL (honorary degree), Union College
- 1969
- Teaches for year at Stanford’s Center for Advanced Studies in Behavioral Sciences
- 1969
- Appointed chair of the Committee of Five formed in response to possible misconduct by Harvard teaching staff during student occupation of University Hall
- June 1969
- Receives honorary Doctor of Laws from Tufts and delivers commencement address
- 1970
- LLD (honorary degree), Queens University, Ontario
- 1971
- Elected to membership in the Institute of Medicine
- 1972
- Report of the Study Group on the Caseload of the Supreme Court, i.e. Freund Commission released
- 1972
- LLD (honorary degree), Brown University
- 1972
- LLD (honorary degree), Yale
- 1973
- LittD (honorary degree), Bates College
- 1973
- LittD (honorary degree), Temple University
- 1974
- LLD (honorary degree), Brandeis University
- 1974
- LLD (honorary degree), Williams College
- 1975
- LittD (honorary degree), Yeshiva University
- 1976
- Retires—becomes emeritus
- 1977
- LLD (honorary degree), Clark University
- 1977
- LLD (honorary degree), Harvard University
- 1978
- Awarded Learned Hand Medal for excellence in Federal Jurisprudence by Federal Bar Council
- 1978
- HHD (honorary degree), Stonehill College
- 1978
- Stanley Katz becomes co-editor of Supreme Court History
- December 1978
- Attends International Congress of Jewish Lawyers in Jerusalem
- 1981
- LLD (honorary degree), University of Bologna
- 1982
- LLD (honorary degree), Georgetown University
- 1986
- Receives Harvard Medal at 350th Celebration
- 1989
- Awarded the Henry J. Friendly Award by ALI for distinguished achievement in the law
- 1990
- “Quits” as Supreme Court History editor
- 1990
- Honorary member of Order of the Coif
- February 5 1992
- PAF dies of cancer
Series List
- Series I. Correspondence
- ___ Subseries A. General Correspondence
- ___ Subseries B. Letters of recommendation
- ___ Subseries C. Declined invitations to speak
- Series II. Organizations
- Series III. Subject Files
- Series IV. Harvard/Harvard Law School
- ___ Subseries A. Freund-labelled folders
- ___ Subseries B. Archivist-labelled folders
- Series V. U.S. Government Work
- ___ Subseries A. Subject files
- ___ Subseries B. Chronological Correspondence File
- Series VI. Freund Writings, Notes, and Research
- ___ Subseries A. Drafts and Research
- ___ Subseries B. Published Writings
- Series VII. Published Materials and Writings by OtherAuthors
- ___ Subseries A. Drafts and Research
- ___ Subseries B. Publications
- Series VIII. Miscellany
- ___ Subseries A. College Years
- ___ Subseries B. Personal Miscellany
- Series IX. Addenda
- ___ Subseries A. Teaching Materials
- ___ Subseries B. Court Cases
- ___ Subseries C. SubjectFiles
Physical Location
Harvard Depository
Immediate Source of Acquisition
The Papers of Paul Freund were presented to Harvard Law School as a gift under terms of his will, dated August 22, 1991. These papers were received by the Law School in February 1992. Pursuant to the provisions of Professor Freund's will, the Permanent Committee for the Oliver Wendell Holmes Devise was given his notes, memoranda, drafts and other material prepared for the history of the United States Supreme Court.
Processing Information
Processed by Edwin Moloy and Sally Vermaaten, 2005-2006
Addenda processed by Margaret Peachy, December 2010
- Title
- Paul A. Freund. Papers, 1918-1993: Finding Aid
- Author
- Harvard Law School Library, Cambridge, MA 02138
- Language of description
- und
- EAD ID
- law00164
Repository Details
Part of the Harvard Law School Library, Historical & Special Collections Repository
Harvard Law School Library's Historical & Special Collections (HSC) collects, preserves, and makes available research materials for the study of the law and legal history. HSC holds over 8,000 linear feet of manuscripts, over 100,000 rare books, and more than 70,000 visual images.
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