I’m so glad to see students from previous classrooms here one of the beauties of teaching people who then go on out in the world and achieve great things is that even if you embarrass them by cold calling them in the classroom or gave them a grade that they thought was not up to what they deserved time passes they mellow they forgive you all those they welcome back it’s so wonderful to have you last night I was at the Supreme Court giving a lecture on Magna Carta this Paul suggested I will be speaking about that some in the next few months and came back from Washington this morning I talked about 50 years at the law school it’s actually a mathematically speaking a much easier charge because then I had to cover 800 years and here fifth I actually don’t quite remember the events at Runnymede in June and 1250 some of my students they think I was there but actually I was known as not Paul mentioned the fact that I after I came back from Oxford and took my degree here that I went to Washington and clerk for justice black the story is an interesting one because in my law school days I never applied for a clerkship but we didn’t have a culture of clerk ships we do now very common our graduates go out to clerk for some of the finest judges in the country but in those days we didn’t talk very much about that I went to work for Covington and Burling in Washington and while I was there my best friend from law school John Ryan Lander former editor-in-chief of the law review was clerking for justice Harlan at the Supreme Court and I would go up and have lunch with him at the court he was having such a wonderful time I said you know maybe I’ll to apply for a clerkship so I applied and got some interviews with several justices and to my ever enduring gratitude justice black offered me a job well then history played a wonderful role because between the time I accepted the job and the time I reported for work with justice black Felix Frankfurter had a stroke and left the bench Arthur Goldberg took his place and the court tipped to the more liberal sides of black after 25 years of writing dissents was suddenly writing the law of the land the majority opinions and I was at his elbow and i was working hard enough not to realize just how historic that was going to be but looking back on it I realized that was the heyday of the Warren Court those were the great moments i worked with black on Gideon versus Wainwright in some of the cases it will always boo it be in the case books so I’m not going to talk this morning about 50 years of the Supreme Court the Virginia law review is kind enough to make copies of an article that will be in print shortly there in the back of the room on how the Supreme Court has changed in those 50 years but what I want to talk about is of some reflections on what has happened here at the law school during that time some of you will remember Charlottesville in 1964 it was not what it is today it ended at Barrett road beyond that point was Sylvan wilderness it was a lovely tried to remember but it was like and there was really nothing at well today it looks like Fairfax County we were a town if I don’t know 30,000 people perhaps then maybe another 30 and Albemarle County and this probably 150,000 people in the metropolitan area now so we we’ve grown a good deal the university was small I think we had something like 6,000 ODS students in 1964 in the entire University undergraduate professional graduate schools all of them had a sort of a Princeton sort of feel about it well today we’re a good deal more than that we’re what well over 20,000 I think maybe 22,000 students at the University the law school was an intimate place we of course were in Clark Hall many of those of you who studied there will remember your first day you walk in and there those famous murals and usually what does this have to do with legal education well that you learned over time what it did we were at Clark Hall that actually was had the happy fact of being close to the Jeffersonian priestly we felt very much a part of the traffic among the various departments of the school but we were small when I and Peter Lowen I think there were 50 was appointed to the law faculty in 1964 and that increased the faculty to the Grand number of 22 faculty can you imagine those were the days when faculty meetings the business of the law school was done on the floor of the faculty that’s something I don’t miss I have to tell you we have a grand committee system helm in those days we’d go on endlessly debating issues that committees really ought to ought to i think it was it occurred to me at the time watching some of those questions

unravel that getting the law faculty to agree on something was i don’t know like like unionizing a zoo perhaps curriculum if you study law in those days you’ll remember that you had required courses through the first two years we had a number of courses then required which are now electives like corporations and evidence and federal taxation trusts and estates the number of things which are course in the curriculum now but are not required we had something called a cultural work what we called at a cultural requirement legal history of legal philosophy which everybody had to take students you’ll remember that again if if you were here in those days everybody will war coat and tie it was double girder appearing in class and a coat and tie and we did because there were not many women I mean a typical class in the 1960s might have had what two or three women per class and they were tolerated that we thought we were becoming very expansive in those days well you will know I’m sure that the undergraduate college at the University of Virginia did not admit women until nineteen seventy and then only because the federal judge told us to do it so all those those were different times indeed oh well when I started teaching this was an age when the legal Academy indulge the amiable fiction that any law professor could teach any subject and so we did now I talk constitutional law having been at the elbow of Hugo black I thought I knew a little bit about constitutional law but basically otherwise you just thought what was needed and so they handed I who had never been in a trial court room I done appellate work I had never been in a trial court room was given the law of evidence think about it she would I know but that hearsay rule are things like that so but what saved me was that UVA students are civilized and cordially and they knew I didn’t know anything about assoc I was a chapter ahead of them in the case book but they were very tolerant of me I learned a little evidence by the way on that course I resorted to gimmicks I remember one day some of you will know uh coach fourth Pinckney from Richmond he was in that that class that first class I taught and so one day I said mr. Pinckney I want you to go home tonight and read Shakespeare’s Julius Caesar students were kind of looking at he made kind of fun what what does the professor up to well he came in the next day and I said I want you to come in and tell the class what it has to do with evidence well he came in prepared to recite Marc Anthony speech to the Romans from the steps of the Capitol and that’s the one where he holds up the bloody tunic and says you know Brutus’s envious dagger and all that sort of thing well he came in dressed in a toga he really got into it and since he had to play Marc Anthony he said you the professor have to play Caesar well she’s just dead at this point right so it’s a non-speaking part so he laid me out on the on the desk covered me with a shroud and proceeded to or age well it was so funny that the corpse was rocking him birth it’s very hoping for years I would run into students who they might have forgotten anything else that I taught about evidence but they remembered that day in a classroom which told me if that only had enough gimmicks they would have learned a great deal about the law of evidence I decided to be adventuresome and create a course I had heard about something called environmental law well this is before the first Earth Day the Clean Air Act the Clean Water Act the Endangered Species Act all the rest of them lay in the future they had not been enacted yet but I had a friend dennis barnes a chemist I said Dennis less let’s offer a course in environmental law he said that’s a great idea so we offered it went into the course catalog well I expected I don’t know you know half a dozen eccentric students would come to my house once a week we sit around the fireplace and drink port and talk about the environment well it’s about horror 80 people up for this course because it sounded like the wave of the future dies the dentist you know we have to get serious about this it was not even a casebook the first cotton environmental law case book was not published until nineteen seventy now they’re 11 case books you can choose from but those were the pioneer days a great one but once again the students entered into the spirit of it now I was a newcomer of course to the faculty we had bed giants in the classroom we had some simply wonderful people Hardy Dillard has already been mentioned those of you who took courses and party will remember his classroom personality and I can still hear Hardy saying a word is

not a crystal transparent and unchanging but the skin of a living fault in that wonderful I mean you have to some wonder what does he really mean but it sure sounded good i mean hard he could pull it off and I remember him saying that imagination is given to man to show what he might become and a sense of humor to console him for what he is that was so maybe this was hearty dinner was truly a fast he missed his calling by not be what he was on the stage he was Clark Hall you may remember west hall that’s where I taught constitutional law and if I sometimes seem to be carried away with the subject it was because we had the dais and a runway and so I would parade up and down the runway it changes your personality it does during those terrible things to you so we had hardly dillard we had Charles Gregory Carl MacFarlane Dan Meador fdg ribble Emerson speeds I mean these were some really amazing people in the classroom I mean I can still remember seeing students playing Emerson speeds and the annual liable show he was portrayed as hbu lient enthusiastic leaping on stage dressed in a white sweater carrying a tennis racket human bro and that that was Emerson well those were those were the days they’re sort of frontier days compared to what we do at the law school today it is in some ways transformed from 1964 we of course have a much larger faculty we’re no longer 22 faculty we have I think about 85 resident faculty plus over a hundred adjunct faculty and others who come and visitors we have one of the interesting changes in this tracks of Paul Mahoney’s comment about the nature of the Academy itself and that is many more of our faculty now have PhDs as well as law degrees we’ve become much more interdisciplinary economic psychology history and others we have I think 15 faculty who have joint appointments with the law school and other departments so even if in my first days of teaching we were closer to the University of a physical sense today I think we’re actually much more part of the intellectual conversation with the University because of these joint appointments interesting phenomena one of the challenges the Dean would know more about this than I of hiring faculty is that almost always when someone presents himself or herself as a perspective faculty member the chances are if they’re married they will have a professional spouse and then you have the challenge in a smaller town of finding a place for two people either on the law school or otherwise it could put us at a competitive disadvantage on the hiring market but i can tell you i’m not only appointments committee but the hard work they do pays off in some of the most remarkable young faculty in the country faculty scholarship i think is also tracked the comments the Dean Mahoney made about changes in the Academy and that is 50 years ago I think most of the articles being written by members of the faculty would have been of a practical bet practice-oriented mainly for lawyers and judges and today you find much more theoretical work being done maybe to a smaller immediate audience but work that one hopes writing those pieces will have a long fall out curriculum of course has exploded along with the faculty I think we have over 300 courses that right Georgia of any taste you want to indulge in the law I think we have some place for it I can’t talk about the changes in the law school without saying something about technology now this is turf into which I ventures somewhat cautiously i divided the world into two kinds of people when when talking about technology one of the natives these are the kids who grew up with it right it is part they’ve internalized modern technology and they totally understand it those are the natives then you have the immigrants okay now I count myself they the ones not native-born their newly arrived not only am I an immigrant huh how do we have a green card you know I’m an undocumented alien in this up in this particular world and students of course you all know this for parents and grandparents with multi taskers of the people who can rather preparing for class they’re listening to music and they’re searching the internet for topics of interest they’re uploading pictures to share with their friends on LinkedIn or Facebook or whatever it might be sending text messages I mean all these things seem to go on simultaneously in a way that I can’t

really keep up with I mean these are this is a generation of people who for whom who don’t think of cookies and spam as food right then these are people who have never had to use flight out they’ve never had to retype a page think about that where these are people who’ve never rolled out a car window how do we know what what it means to roll down and weathers that says a different world altogether it’s hard for me to imagine one of my students know that they told me that he thinks students do about ninety-five percent of their research online especially for legal research and writing and that they rarely consult books now this is for me I mean I grew up with books obviously and this is a phenomenon which cuts two ways the accessibility of the digital age is obviously an advantage my students are much faster than I would be at finding something specific they know where it is it does have a tendency sometimes to a shallowness that books offer that you have to certain leaf through a book there’s a profoundness to the book that maybe the digital world does not does not offer and so I figure my job I’ve been around here longer than they have is maybe to remind that once in a while consulting a book might be a good idea it impacts the long review I mean we now have the Virginia law review online most of the major journals have that because most readers of Law Review articles are reading those articles online and not not in print that obviously has some economic impact on the law review but they found some very skillful ways to deal with that Virginia law review online I think will guarantee an author whose article is accepted to a turnaround of two weeks and used to be in the world of the loss of Law School a lot more review publishing several months before your article would finally appear in print so that’s obviously a profound difference laptops in the classroom it’s quite interesting to be a professor but one thing to stare out at faces and try to read those faces and wonder are they really listening to what you have to say if you pass your hand in front of their eyes with a blink or have they learned to sleep with their eyes open you know that feeling well one reason or what what it’s how different it is to sit with surrounded by these row after row of laptops and anything could be happening on the other side that’s not done that you hope they’re taking notes from you they may be sending email or playing solitaire or or whatever it might be if they are typing furiously the notes you’re taking have they simply become a stenographer because you know when you write by hand is slower you have to process what you’re taking down so this I think it’s a fairly debatable question are we better off with laptops in the classroom or not I think we have a fairly Leslie fair philosophy that assup teach professor to decide some don’t want laptops some do and some are agnostic the library has seen the library seen enormous changes again because of Technology I think they were in real my library friends tell me a concerned about being swamped by paper digest and court reports and international publications and all the rest we I think when the current librarian signed on she told me the other day that they had something like six hundred thousand volumes and growing and they were simply struggling to keep up and from her standpoint she says that the digital age has actually rescued academic libraries from being of buried and print this is not to say that the library does not still buy and use books despite the fact there’s some patrons who have no idea what a book is there are as I’ve already said I think an important place for scholarship in the world of books I think another profound change I’ve seen in this law school in this half century is that we are now truly international we’re global in our reach I was at one point the director of the graduate program soon after are signed on I think there were fewer than 10 graduate students from about three foreign countries and they were good students and did estimable work but the graduate program was a very marginal part of the wall schools operation today we have this for the current year in the law school we have 43 students from 19 countries not counting about 17 doctor’ll sjd candidates who are not all of whom are in residence so we have students here from Europe and from Asia and Africa Latin America around the world our international law curriculum has exploded when I started teaching I’d looked back at the course catalog for that year to see what was the wreath in

catalog and we had exactly three international law courses and six seminars fewer than ten courses all told that had anything whatever to do with international law today 50 years later there are 70 courses and seminars dealing with some kind of international law so if you want to really take your place in the world of law around the globe we’re fairly doing it law school was a busier place than it used to be when we were in the 1960s there weren’t many student activities we had two law journals and again I went through the catalog to see how many student organizations there were there were a grand total including the student legal form and groups like that ten groups all together ten groups well today walk down the hallway on any day and look at all those posters plastered on billboards of all the activities every day some really mystique speakers passing through on some very profound topics we have now 10 journals not to and I counted 65 organizations so any interest group that you as a student want to take part in from serious to more to layer we do it so a lots changed I mean obviously in 50 years time you can expect we are not going to stand still for better or worse we move forward we slide back the Dean has given you I think a compelling case that we’ve moved forward we haven’t stood still where we were 50 years ago so they’ve been changes now those are some of the changes but I cannot be complete in these remarks without talking about what indoors what is still part of the law school that you would remember whenever you were here as a student at first I would say would be an enduring commitment to quality education the margin of excellence that that the Dean mentioned I think we are in many ways the aspirant to being the gold standard in American legal education I I believe that secondly I think we have a commitment to more than simply law as a trade we have a commitment to law as a genuine profession to laws larger purpose hardy Dillard if I can quote him once more he said and I quote the law is designed to bring about human dignity in a Commonwealth of mutual deference I think that puts it very nicely thirdly i think we are making our mark in our contribution to public life in America we had I believe at one time six members of the US Senate from six different states of a few years back I know my students I’m like the typical professor my students go on to do something great I take credit for it right oh I remember him or her yes indeed he or she was in first year constitutional law class that the ones that become their what narrative wells or dropouts or steal from their client so that I don’t remember him must of it in somebody else’s class I have no recollection of that but my students have gone on to be governors and Senators and ambassadors of Mark Brzezinski for examples of presently serving instituting Court of Appeals judges a haven’t won American Bar Association president I haven’t yet taught a Supreme Court justice to came close really recently Jay Wilkinson Mike Leduc were on the so-called short list at the White House I never know quite what the shortlist really is but the newspapers the journalists like to talk about them they were both interviewed at the White House and my view was I didn’t care what their judicial philosophy was I just wanted bragging rights I just wanted to be able to say I thought a member of the US Supreme Court but i will say that one of my very first research assistants is now the PGA golf commissioner now that’s big time I have I have to say so I guess the moral is hang around long enough and your students will amount to something something they also that endures I think here that still a lasting legacies what one might call quality of life that this is really a great place a wonderful place to study law the princeton review this year in its tabulation of the best law schools for 2015 said best quality of life university of virginia now they miss the fact that we’re also first as a lot of other categories too but that’s the way ratings are students here work hard they are incredibly productive i mean i know some of my students are smarter than i am but I’ve been at the game longer than they have you know I know how to keep the ball moving I don’t want them to pause long enough to sort

of say you know he’s not that smart and so but they work hard they they’re productive but they also know how to enjoy themselves I was walking down the car to the other day and I saw a young woman student I soon pass t-shirt which said we’re not just about softball and beer we have wine too I wish I had the presence of mind to stop her and ask her where she got the t-shirt so I could have one myself professors have a life outside the law school to I have to say that I don’t spend all my time in the library or at my computer few years back that bores hit and had a bacchanalian evening and they decided that professor Howard should be Bacchus so I said and foolishly I agreed I went out there for the evening they then dressed me in a toga and I had a laurel wreath around my head and then I was born into the ballroom at the Boar’s Head Inn by two twin sisters new ball 15 year old sisters dressed in leopard costumes three times around the room while I toasted people and all that well that weekend I had just by coincidence my wife and I had some guests from France account a countess and a princess I don’t usually have title people under my roof as a no it’s a long story of how they came to be there but at any rate they were there that weekend we took them along to the Bach Italian feast face saw professor Howard played his bogus bit and afterwards the countess said to me you know in France a law professor would never do that so if and maybe in America a law professor ought not to be nasty but mr Dean a soon tenure protects me from for my follies if you’re ranked about what I do in the classroom and not what I do with the boards in finally I think among the enduring qualities is that the sense of community this place has i leafed through some letters and i asked about astral body of the alumni office too I could look at some of the letters cotton mean I would didn’t want to quote any by name obviously but here’s what a student said to an alumnus who’ve been kind enough to endow a scholarship and that student said I am certain that you as a graduate can attest to the atmosphere friendliness generosity and sincerity that categorizes this one-of-a-kind school here people genuinely care I also took a look through letters written by students nominating other students to the Ritter and the rosenblum awards again I said I don’t want to quote anybody by name but I just like to get a sense of what students say about each other and here’s an LLM student a graduate student writing about a student another students orientation talk he said the sense of fellowship and brotherhood transmitted by his speech was exceptional I have never seen somebody take so much pride in his own school and then here’s a student describing of her peer advisor she says she she’s a peer advisor shows a sincere sense of caring for others a rare thing in a culture of competition inherent in a law school she is an example I will strive to follow in hopes of enriching the lives of all who my meat she is a true role model and there’s just lots more lots of other letters that I could quote from but I mean it was just one in co miam after another clearly genuinely felt so this I think is the heart and soul of what this well school is about it’s one of the things that makes this such a special law school among the nation’s law school we are a community a community of trust a respect of affection for each other it’s an enduring quality something that I felt when I first came through these doors in 1964 as a new law professor and I predicted when there’s a gathering here to mark 100 years of law school giving you will find those qualities still endure thank you very much