Henry Friendly

Henry Friendly
Judge of United States Court of Appeals for the Second Circuit
In office September 9, 1959 – March 11, 1986
Nominated by	Dwight D. Eisenhower
Preceded by	Harold Medina
Succeeded by	Ellsworth Van Graafeiland
Personal details
Born	Henry Jacob Friendly July 3, 1903 Elmira, New York
Died	March 11, 1986 (aged 82) New York City, New York
Spouse(s)	Sophie S. Stern
Children	David S Friendly, Joan Goodman, Ellen Simon
Alma mater	Harvard College, Harvard Law School

Henry Jacob Friendly (July 3, 1903 – March 11, 1986) was a prominent judge in the United States, who sat on the United States Court of Appeals for the Second Circuit from 1959 through 1974 (including service as chief judge from 1971 to 1973) and in senior status until his death in 1986.

Before the bench

Friendly graduated from Harvard College in 1923 and received his law degree from Harvard Law School in 1927.^[1] It is widely rumored that Friendly graduated with the highest grade point average ever attained (before or since) at Harvard Law School, but confirmation of this claim is difficult to find, and the claim is sometimes also made for U.S. Supreme Court Justices Louis Brandeis and Felix Frankfurter. The Harvard Crimson on June 23, 1927, reported that Friendly was the first Harvard Law graduate to receive a degree summa cum laude.^[2] Frankfurter, as a professor at Harvard Law School, sent his student Friendly to work as a clerk for Justice Louis D. Brandeis of the United States Supreme Court.^[3] Friendly then entered private practice in New York City from 1928 to 1959,^[4] and was a founding partner of Cleary Gottlieb Steen & Hamilton LLP, where his law partners included George W. Ball and Melvin Steen. He served as vice president and general counsel of Pan American World Airways in New York City from 1946 to 1959.^[4]

Judicial service

Friendly was appointed by President Dwight D. Eisenhower to a seat on the Second Circuit vacated by Harold Raymond Medina.^[4] Friendly's appointment had been endorsed on the basis of merit by several prominent judges and lawyers, including Judge Learned Hand.

Friendly was confirmed by the United States Senate on September 9, 1959, and received his commission the next day.^[4] He served as the chief judge of the Second Circuit from 1971 to 1973.

Friendly's opinions for the Second Circuit were considered scholarly and of superior quality; many are still cited today, particularly in the field of securities law.

Friendly received the Presidential Medal of Freedom in 1977.

Death

Friendly took his own life at age 82 on March 11, 1986 in his Park Avenue apartment in New York City. Police said they found three notes in the apartment, one addressed to his resident maid and two unaddressed notes. In all three notes, the judge talked about his distress at his wife's death, his declining health and his failing eyesight, according to a police spokesman. His wife, the former Sophie S. Stern, had died a year and four days earlier. They had been married for 55 years.^[5]

Legacy

In a ceremony following Friendly's death, Chief Justice of the United States, Warren E. Burger, said, "In my 30 years on the bench, I have never known a judge more qualified to sit on the Supreme Court."

At the same ceremony, Associate Justice Thurgood Marshall called Friendly "a man of the law."^[6]

In a letter to the editor of The New York Times following Friendly's obituary, Judge Jon O. Newman called Friendly "quite simply the pre-eminent appellate judge of his era " who "authored the definitive opinions for the nation in each area of the law that he had occasion to consider."^[7]

In a statement after Friendly's death, Judge Wilfred Feinberg, the 2nd Circuit's chief judge at the time, called Friendly "one of the greatest Federal judges in the history of the Federal bench."^[7]

Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit, described Friendly as "the most distinguished judge in this country during his years on the bench."^[7]

Harvard Law School has a professorship named after Friendly. Paul C. Weiler, a Canadian constitutional law scholar, held it from 1993 to 2006;^[8] William J. Stuntz, a scholar of criminal law and procedure, held it from 2006 until his death in March 2011.^[9]

The Federal Bar Council awarded Friendly a Certificate of Distinguished Judicial Service posthumously in 1986.^[10]

The American Law Institute has an award named in memory of Friendly and endowed by his former law clerks.^[11]

Notable former law clerks

• David P. Currie (1960–1961), Edward H. Levi Distinguished Service Professor, University of Chicago Law School^[12]
• Peter B. Edelman (1961–1962), professor of law and co-director, joint degree in law and public policy, Georgetown Law Center^[13]
• Stephen R. Barnett (1962–1963), Elizabeth Josselyn Boalt Professor of Law, emeritus, Boalt Hall, University of California, Berkeley^[14]
• Pierre N. Leval (1963–1964), judge, U.S. Court of Appeals for the Second Circuit
• Michael Boudin (1964–1965), chief judge, U.S. Court of Appeals for the First Circuit^[15]
• Bruce A. Ackerman (1967–1968), Sterling Professor of Law and Political Science, Yale Law School^[16]
• Arthur Raymond Randolph (1969–1970), judge, U.S. Court of Appeals for the District of Columbia Circuit^[17]
• Walter Hellerstein (1970–1971), Francis Shackleford Distinguished Professor of Taxation Law, University of Georgia School of Law^[18]
• Martin Glenn (1971–1972), Judge, U.S. Bankruptcy Court for the Southern District of New York^[19]
• Lawrence B. Pedowitz (1972–1973), partner, Wachtell, Lipton, Rosen & Katz^[20]
• Frederick T. Davis (1972–1973), partner, litigation department, Debevoise & Plimpton LLP, Paris^[21][22]
• William Curtis Bryson (1973–1974), judge, U.S. Court of Appeals for the Federal Circuit^[23]
• James R. Smoot (1974–1975), dean and professor of law, Cecil C. Humphreys School of Law, The University of Memphis^[24]
• Philip Bobbitt (1975–1976), Thomas M. Macioce Professor of Law, Columbia Law School^[25]
• Ruth Wedgwood (1976–1977), Edward B. Burling Professor of International Law and Diplomacy & Director of the International Law and Organization Program, The Paul H. Nitze School of Advanced International Studies (SAIS) of Johns Hopkins University; Member, United Nations Human Rights Committee
• Theodore N. Mirvis (1976–1977), partner, litigation department, Wachtell, Lipton, Rosen & Katz ^[26]
• Merrick B. Garland (1977–1978), chief judge, U.S. Court of Appeals for the District of Columbia Circuit^[17]
• Mary I. Coombs (1978–1979), professor of law, University of Miami School of Law^[27]
• John G. Roberts, Jr. (1979–1980), Chief Justice of the United States^[28]
• Marc Wolinsky (1980–1981), partner, litigation department, Wachtell, Lipton, Rosen & Katz ^[29]
• Gary Born (1981–1982), partner, Wilmer Cutler Pickering Hale and Dorr^[30]
• Jonathan R. Macey (1982–1983), Sam Harris Professor of Corporate Law, Corporate Finance and Securities Law, Yale Law School^[31][32]
• David J. Seipp (1982–1983), professor of law, Boston University School of Law^[33]
• Larry D. Kramer (1984–1985), president of The William and Flora Hewlett Foundation; on leave as Richard E. Lang professor of law and formerly the dean, Stanford Law School ^[34]
• Thomas G. Dagger (1986)^[35] of AT&T^[36]

Family

Friendly's wife of 55 years, Sophine S. Stern, died a year before his suicide.^[37]

Friendly was survived at his death by son David S. Friendly and two daughters, Joan Goodman and Ellen Simon, and 11 grandchildren.^[3]

Joan Friendly Goodman is a Professor of Education at the University of Pennsylvania and is married to Prof. Frank Goodman of the University of Pennsylvania Law School, an administrative law and federal courts expert.^[38][39]

References

1. "Biographical Directory of Federal Judges". Federal Judicial Center. Retrieved 16 May 2010.
2. No Writer Attributed (1927-06-23). "Over 200 Undergraduates Gain Honors in Graduation Awards | News | The Harvard Crimson". Thecrimson.com. Retrieved 2012-12-15.
3. "From Learned Hand To Henry Friendly". New York Times. 1986-03-24. Retrieved 2010-03-08.
4. "Judges of the United States Courts". Fjc.gov. Retrieved 2010-03-08.
5. Norman, Michael (1986-03-12). "Henry J. Friendly, Federal Judge in Court of Appeals, is Dead at 82 - Free Preview - The New York Times". Select.nytimes.com. Retrieved 2010-03-08.
6. http://www.lexis.com/research/retrieve/frames?_m=c2c55cb12712faecf0c5b50798918330&docnum=18&_fmtstr=FULL&_startdoc=1&wchp=dGLbVzz-zSkAt&_md5=0c88b69ff076c882e26e91fd9d5efdae[]
7. "From Learned Hand To Henry Friendly". The New York Times. March 24, 1986.
8. "Paul C. Weiler". Law.harvard.edu. Retrieved 2010-03-08.
9. "William J. Stuntz". Law.harvard.edu. Retrieved 2010-03-08.
10. "The New York Times: Search for 'Honors for 4 Judges And Ex-Prosecutor'". New York Times. 1986-11-27. Retrieved 2010-03-08.
11. The American Law Institute - The Henry J. Friendly Medal
12. Archived December 27, 2005, at the Wayback Machine.
13. "Georgetown Law - Full time Faculty". Law.georgetown.edu. Retrieved 2010-05-16.
14. "Berkeley Law - Faculty Profiles". Law.berkeley.edu. Retrieved 2010-05-16.
15. Archived April 21, 2006, at the Wayback Machine.
16. "Yale Law School | Bruce Ackerman". Law.yale.edu. Retrieved 2010-05-16.
17. "U.S. Court of Appeals - D.C. Circuit - Home". Cadc.uscourts.gov. Retrieved 2010-05-16.
18. Archived September 2, 2007, at the Wayback Machine.
19. "US Bankruptcy Court - Southern District of New York". Nysb.uscourts.gov. 2005-06-09. Retrieved 2010-05-16.
21. "Debevoise & Plimpton LLP | Lawyers | Frederick T. Davis". Debevoise.com. Retrieved 2010-05-16.
23. "FJC". Fjc.gov. Retrieved 2010-05-16.
24. "Cecil C Humphreys School of Law :: Faculty :: University of Memphis". Law.memphis.edu. Retrieved 2010-05-16.
25. "Columbia Law School : Full Time Faculty". Law.columbia.edu. 1961-11-09. Retrieved 2010-05-16.
27. "Professor Mary Coombs". Faculty.law.miami.edu. Retrieved 2010-05-16.
28. https://www.supremecourt.gov/about/biographiescurrent.pdf
29. "Marc Wolinsky - Attorneys - Wachtell, Lipton, Rosen & Katz". Wlrk.com. Retrieved 2012-12-15.
30. "Gary Born". WilmerHale. Retrieved 2012-12-15.
32. Archived February 10, 2006, at the Wayback Machine.
33. "Boston University School of Law, David J. Seipp, Law Alumni Scholar, Professor of Law". Bu.edu. Retrieved 2012-12-15.
34. Archived February 13, 2006, at the Wayback Machine.
35. Norman, Michael (1986-03-12). "Henry J. Friendly, Federal Judge in Court of Appeals, is Dead at 82 - Free Preview - The New York Times". Select.nytimes.com. Retrieved 2010-05-16.
36. https://web.archive.org/web/20070927210459/http://www.martindale.com/xp/Martindale/Lawyer_Locator/Search_Lawyer_Locator/search_result.xml?PG=0&STYPE=N&FNAME=thomas&LNAME=dagger&FN=&CN=&STS=&CRY=&bc=1. Archived from the original on September 27, 2007. Retrieved May 14, 2006. Missing or empty |title= (help)
37. "From Learned Hand To Henry Friendly". New York Times. 1986-03-24. Retrieved 2010-05-16.
38. "Penn Law Faculty: Frank Goodman , expert on Administrative Law, Constitutional Law, Federal Courts, Jurisprudence". Law.upenn.edu. Retrieved 2010-05-16.
39. "Joan F. Goodman | Penn GSE". Gse.upenn.edu. Retrieved 2010-05-16.

External links

• Henry Friendly at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.