Herbert Wechsler
Encyclopedia
Herbert Wechsler 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.
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
.
. 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 casebook
s 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
, Contract
s, Judgment
s, 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.
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
(ALI). He is most widely known for his constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
scholarship and for the creation of the Model Penal Code
Model Penal Code
The Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...
. The Journal of Legal Studies
The Journal of Legal Studies
The Journal of Legal Studies is a law journal published by the University of Chicago Press focusing on interdisciplinary academic research in law and legal institutions....
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 YorkCity College of New York
The City College of the City University of New York is a senior college of the City University of New York , in New York City. It is also the oldest of the City University's twenty-three institutions of higher learning...
at the age of 16 and graduated in 1928 with a bachelor's degree
Bachelor's degree
A bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...
in French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
. He enrolled at Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
, and served as editor-in-chief of the Columbia Law Review
Columbia Law Review
The Columbia Law Review is a law review edited and published by students at Columbia Law School. In addition to articles, the journal regularly publishes scholarly essays and student notes. It was founded in 1901 by Joseph E. Corrigan and John M. Woolsey, who served as the review's first...
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
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
Career
In 1940, Wechsler went to Washington D.C. to work for the Justice DepartmentUnited States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. 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
Korematsu v. United States
Korematsu v. United States, 323 U.S. 214 , was a landmark United States Supreme Court case concerning the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II....
, as Assistant Attorney General
United States Assistant Attorney General
Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.The President of the United States appoints individuals to the position of Assistant Attorney General with the advice and consent of the Senate...
, on the side of the United States government in its wartime internment of citizens and residents of Japanese ancestry
Japanese American internment
Japanese-American internment was the relocation and internment by the United States government in 1942 of approximately 110,000 Japanese Americans and Japanese who lived along the Pacific coast of the United States to camps called "War Relocation Camps," in the wake of Imperial Japan's attack on...
. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, 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
Emeritus
Emeritus is a post-positive adjective that is used to designate a retired professor, bishop, or other professional or as a title. The female equivalent emerita is also sometimes used.-History:...
status.
In 1959, Wechsler delivered his Holmes lecture at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
entitled "Toward Neutral Principles of Constitutional Law". It was also around this time that Wechsler authored a number of casebook
Casebook
A casebook is a type of textbook used primarily by students in law schools. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language...
s that changed ideas about criminal law and the federal courts. In 1963, Wechsler's proposed official draft of the Model Penal Code
Model Penal Code
The Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...
was approved, bringing to a close a decade-long project at the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
. 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
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and Fourteenth Amendments
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
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
Conflict of laws
Conflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
, Contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s, Judgment
Judgment
A judgment , in a legal context, is synonymous with the formal decision made by a court following a lawsuit. At the same time the court may also make a range of court orders, such as imposing a sentence upon a guilty defendant in a criminal matter, or providing a remedy for the plaintiff in a civil...
s, 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
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
. The Institute also conducted various studies in federal taxation and completed the Federal Securities
Securities regulation in the United States
Securities regulation in the United States is the field of U.S. law that covers various aspects of transactions and other dealings with securities...
Code, the Model Land Development
Land development
Land development refers to altering the landscape in any number of ways such as:* changing landforms from a natural or semi-natural state for a purpose such as agriculture or housing...
Code, the Model Code of Pre-Arraignment
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
Procedure, the Study of the Division of Jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
Between State and Federal Courts, and made major revisions to the Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
. The ALI's Principles of Corporate Governance
Corporate governance
Corporate governance is a number of processes, customs, policies, laws, and institutions which have impact on the way a company is controlled...
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.