The Papers of A. E. Dick HowardMSS.2013.01

The Papers of A. E. Dick HowardMSS.2013.01


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Arthur J. Morris Law Library Special Collections

Arthur J. Morris Law Library
580 Massie Road
University of Virginia
Charlottesville, Virginia 22903
archives@law.virginia.edu
URL: http://archives.law.virginia.edu/

Repository
Arthur J. Morris Law Library Special Collections
Identification
MSS.2013.01
Title
The Papers of A. E. Dick Howard 1970-2007
URL:
https://archives.lib.virginia.edu/ark:/59853/128421
Quantity
34.5 Cubic Feet, 82 archival boxes
Creator
Howard, A. E. Dick
Language
English .
Abstract
Extensive collection of professional, academic and legal papers mainly about Constitutional Law, International Law and Environmental Law.

Administrative Information

Immediate Source of Acquisition

These papers were transferred to the archives in 2012, 2013 2014, 2015, 2016, 2017.


Scope and Contents

The Papers of A. E. Dick Howard reflect his academic and professional endeavors. The archives have received five installments of papers from Professor Howard, plus an entire collection: The Papers of A. E. Dick Howard for the Virginia Commission for Constitutional Revision, received in 1981, MSS 81-4. Papers related to the nomination of Judge Robert Bork to the Supreme Court: these files consist of some reports and statements in relation to the nomination of Judge Robert H. Bork to the Supreme Court. Professor Howard was a commentator on the McNeil/Lehrer NewsHour during the confirmation hearings. Bill O'Brien, a student assistant, helped him to collect all of the information. Addendum [a]: Central and Eastern European New Constitutions: these files relate to Howard's involvement on the writing of new constitutions in Central and Eastern Europe at the collapse of the Soviet Union. The files were processed trying to convey their original organization and consist of correspondence, memoranda, working papers and numerous printed materials.

Addendum [b]: Lectures and Speeches: this collection consists of files related to lectures and speeches given by Professor Howard. The files include correspondence, memoranda, programs, notes, and printed materials .

Addendum [c]: consist of campaign materials from the 1970 Referendum on the Constitution of Virginia.

Addendum [d]: consist of files about the [Virginia] Governor Fellows Program; Governor's Commission on Campaign Finance Reform, Government Accountability, and Ethics (Ethics Commission); Project on Constitution and Democracy in Central and Eastern Europe (Please see: Papers of Professor A. E. Dick Howard re Central and Eastern European new constitutions: MSS 2013 – 1a); ERA – Task Force on the Effect of Ratification of the Equal Rights Amendment on the Law of Virginia; Miller v. Ayres and Howell v. McAuliffe; Miscellaneous UVA Files related to University of Virginia Committee on Virginia Status of University Students (1972) and Law School lists of reading materials for Prof. Howard's classes.

Addendum [e]: contains materials that were used to launch a curriculum for a new course on environmental law at the University of Virginia Law School, taught by professors A. E. Dick Howard and Mason Willrich. These papers include correspondence with professors and lawyers at other institutions, research materials for pertinent subjects, and class materials such as syllabi, lectures, and student papers.

Subjects and Indexing Terms


Significant Persons Associated With the Collection

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Significant Places Associated With the Collection

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Container List

Miscellaneous Papers of Professor A. E. Dick Howard re Robert Bork Nomination to the Supreme Court and Other Materials
.75 Cubic Feet 2 archival boxes
1977-1987
Scope and Contents

These files consists of some reports and statements in relation to the nomination of Judge Robert H. Bork to the Supreme Court. Professor Howard was a commentator on the McNeil/Lehrer NewsHour during the confirmation hearings. Bill O'Brien, a student assistant, helped him to collect all of the information.

Immediate Source of Acquisition

Professor Howarad transferred these files to the Law School archives in 2012.

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Addendum to The Papers of A. E. Dick Howard [a] - re Central and Eastern European new constitutions
1986-1999
Scope and Contents

These papers relate to Howard's involvement on the writing of new constitutions in Central and Eastern Europe at the collapse of the Soviet Union. The files were processed trying to convey their original organization and consist of correspondence, memoranda, working papers and numerous printed materials. A list of all printed materials taken out have been added to each folder. for researchers to see.

Arrangement

This addendum is divided in 5 groups:

Central and Eastern Europe Files (Boxes 1- 20) comprised of general documents and files titled by nation.

Conference on Security and Cooperation in Europe [CSCE] Files (Boxes 21 – 22) plus digital documents.

US Institute for Peace Project (Boxes 21-23)

Non Eastern European Constitutionalism files (Boxes 24-26)

Miscellaneous documents (26-28)

Immediate Source of Acquisition

These files were transferred to the Law Library archives in August of 2014.

Biographical / Historical

Professor Howard writes:

"The events leading up to and following the fall of the Berlin Wall led to the collapse of the Soviet empire in Central and Eastern Europe. Communist regimes in the former communist countries were ousted, free elections took place, and the peoples of the region began the slow and arduous task of trying to lay the foundations for constitutional democracies. Events moved with amazing speed. For example, by the end of 1989, Vaclav Havel, a former dissident, became the first president of post-communist Czechoslovakia. The new era brought the making of new constitutions. Drafters looked westward, especially to Western Europe, but also to America.  My first invitation came from Hungary. The team charged with drafting a new constitution came to Charlottesville, and I did a series of seminars for them on constitution-making. I drew on my experience here in Virginia, as well as work I had done in other places, such as Hong Kong and the Philippines. These consultations were followed by my being invited to Budapest, where I was the guest of the Hungarian Parliament. I then had invitations to work with other countries in the region. Sometimes the invitation came from the President's office, as in Czechoslovakia. Sometimes it came from the Parliament, as in Poland. Typically there was American sponsorship, either official (for example, the State Department) or NGO (especially the American Bar Association's Central and Eastern European Law Initiative). Usually I was a member of a team (for example, I worked closely with DC attorney Lloyd Cutler and American University professor Herman Schwartz in Prague). Often there were also consultants from European countries, such as Germany's Helmut Steinberger or France's Robert Badinter). I took my role throughout to be a modest one. Sometimes I was directly involved in drafting (as in Prague). Other times the work was by way of offering general advice.  I tried to avoid seeming to be a cultural imperialist; that is, I did not try to force the American model on the people of another country.    I tried to sketch out basic principles, ask a lot of questions, and get drafters thinking about options and choices".

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Addendum to The Papers of A. E. Dick Howard [b] - Lectures and Speeches
1985-2007
Scope and Contents

The collection consists of 24 archival boxes (9.6 linear ft.). The files maintain their original chronological organization and include correspondence, memoranda, programs, notes, and numerous printed materials.

Biographical / Historical

Professor Howard writes: "… the highlights of these files relate to endowed lectures at major universities (such as the Caroline Robbins Lecture at the University of London), lectureships sponsored by major foundations (such as a British foundation's sponsorship of lectures at major universities in the UK, including Oxford, Cambridge, Edinburgh, etc.), my chairmanship of the Virginia Commission on the Bicentennial of the United States Constitution), my regular appearances at the Fourth Circuit Judicial Conference (at each conference, I organize and moderate a program reviewing the most recent Term of the Supreme Court), and various other programs."

Immediate Source of Acquisition

Professor Howard donated these files in August of 2015.

Processing Information

Processed by Amber

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Addendum to the Papers of A. E. Dick Howard [c] re 1970 Referendum on the Constitution of Virginia
Scope and Contents

This addendum consist of campaign materials from the 1970 Referendum on the Constitution of Virginia.

Arrangement

This addendum of one folder was incorporated to MSS 2013-1d, Box 1.

Immediate Source of Acquisition

This folder was transferred to the archives in 2015.

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Addendum to the Papers of A. E. Dick Howard [d]
1970-2016
Scope and Contents

This addendum was given to the University of Virginia School of Law Library in December of 2016. It consists of 13 boxes (5.5 linear ft.) of professional files divided in 76 subseries:

Governor Fellows Program

In 1982 Virginia Governor Charles S. Robb, appointed A. E. Dick Howard as counselor to the Governor. One of his actions was to create the Governor's Fellows Program, a program that invited college students and graduate students to apply to serve for a summer in the Governor's Office. Each summer 20 or 25 Fellows were assigned to work with members of the Governor's Cabinet or personal staff. Prof. Howard was in charge of the program from 1982 to 1994.

Governor's Commission on Campaign Finance Reform, Government Accountability, and Ethics (Ethics Commission)

In 1992, Governor Douglas Wilder appointed A. E. Dick Howard to chair a commission on government ethics and integrity. The commission had the task of revising campaign finance, conflicts of interest, and standards of ethics in government

Project on Constitution and Democracy

These files complement previous documents of Professor Howard's work in Central and Eastern Europe after the collapse of the communism. The majority of these files were printed materials related to CEE and were added to the library collection or discarded in case of duplication. (Please see: Papers of Professor A. E. Dick Howard re Central and Eastern European new constitutions: MSS 2013 – 1a)

ERA – Task Force on the Effect of Ratification of the Equal Rights Amendment on the Law of Virginia

In 1973 the Virginia General Assembly created the Task Force on the Effect of Ratification of the Equal Rights Amendment on the Law of Virginia to advise legislators on how ERA, if adopted, would affect Virginia law. The Task Force looked at labor and employment, property rights, family law, criminal law and military law. On January 30, 1974 the Task Force reported before a joint meeting of the House and Senate Committees on Privileges and Elections in Richmond. The Virginia General Assembly did not ratify the proposed amendment. Professor Howard recalls: "Virginia was the only state in which ERA did not even reach the floor of the state legislature."

Miller v. Ayres and Howell v. McAuliffe

Amicus briefs for Miller v. Ayres and Howell v. McAuliffe filed in behalf of the Council for Independent Colleges in Virginia.

Miscellaneous UVA Files

University of Virginia Committee on Virginia Status of University Students (1972) and Law School lists of reading materials for Prof. Howard's classes.

Immediate Source of Acquisition

These files were transferred to the Law School archives in December of 2016.

Processing Information

List of taken out printed materials is available ion folder control in Special Collections.

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Addendum to the Papers of A. E. Dick Howard [e]
1969-1974
Scope and Contents

This collection of 11 boxes (5.3 linear ft.) contains materials that were used to launch a curriculum for a new course on environmental law at the University of Virginia Law School, taught by professors A. E. Dick Howard and Mason Willrich. These papers include correspondence with professors and lawyers at other institutions, research materials for pertinent subjects, and class materials such as syllabi, lectures, and student papers.

Immediate Source of Acquisition

These files were transferred to Special Collections in May of 2017.

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Addendum to the Papers of A. E. Dick Howard [f] - Student Notebooks, Clerkship Files, Teaching Files, Case Files, Counselor to Governor Charles Robb Files and Other State of Virginia Miscellaneous Files
Howard, A. E. Dick
11 Cubic Feet 28 archival boxes
1956-2001Personal and professional files. Includes students notes, clerkship files, teaching files, case files, counselor to Virginia Governor Charles S. Robb files and other miscellaneous files.
Scope and Contents

Boxes 1 – 6 contain A. E. Dick Howard student notebooks as a law student at the University of Virginia School of Law, a binder with briefs (Box 5) and other University of Virginia files.

Boxes 7-8 are the Hugo L. Black files. A. E. Dick Howard served as a law clerk to Justice Black during the October Term of 1962 to the October Term of 1963.

Box 9 -10 contain cert notes that Howard wrote during his clerkship with Justice Hugo Black (1962-1964). "I happened upon the scene of a truly historic moment. Between the time I accepted the clerkship and the time I reported for duty, Felix Frankfurter had a stroke and left the Court. He was replaced by Arthur Goldburg, Thus the field marshal of the Court's conservative wing was replaced by a liberal. This shifted the balance on the Court to the more liberal justices. It was at that moment that the Warren Court came into its own, I had the fortune of sitting at the elbow of the architect of much of the Warren Court's most important decisions. An example (during my time) was Gideon v. Wainwright."

Boxes 11- 15 Teaching Files: Comparative Constitutional Law, Constitutionalism, Jurisprudence, Supreme Court Seminar (All these files have restricted materials that have been signaled).

Boxes 15 -21 are comprised of case files. School District of Grand Rapids v. Ball, an important case arising under the First Amendment's Establishment Clause in which Prof. Howard agreed to argue the case for the respondents. The Bricks Company v. United States "involved constitutional challenges to the Coal Industry Retiree Health Benefit Act of 1992", are two of the most important ones.

Boxes 22-27 are the Counselor to Governor Charles S. Robb Files. A. E. Dick Howard was named Counselor to the Governor in 1982. "This position had not existed before, so I was the first person to hold this post. The post was unpaid and part-time." (Note to Amy Wharton, October 2020).

Box 28 contains Other State of Virginia files

Immediate Source of Acquisition

This addition to the collection was transferred to the Law Library between August of 2020 and January 2021.

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