A Guide to The Papers of Judge Edward S. Smith,1964-1997 MSS 01-3 MSS.01.3 Smith, Judge Edward S., Papers, 1964-1997MSS 01-3

A Guide to The Papers of Judge Edward S. Smith,1964-1997 MSS 01-3 MSS.01.3

Smith, Judge Edward S., Papers, 1964-1997
collectionnumber MSS 01-3


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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/

Processed by Cecilia Brown in 2001.

Repository
Arthur J. Morris Law Library Special Collections
Identification
MSS.01.3
Title
The Papers of Judge Edward S. Smith 1964-1997
URL:
https://archives.lib.virginia.edu/ark:/59853/107694
Quantity
3.75 Cubic Feet, 9 archival boxes
Creator
Smith, Edward S., 1919-2001
Language
English

Administrative Information

Immediate Source of Acquisition

This collection was donated to the Law Library by Judge Smith's children, Edward and Innes, in August, 2001.


Biographical / Historical

Edward S. Smith was born in Birmingham, Alabama, 27 March 1919. He studied at the University of Virginia, from where he received his B.A. in 1941 and LL.B /J.D. in 1947. He also studied mechanical engineering at the Alabama Polytechnic Institute (now Auburn University) from 1936-1938. In September of 1941, he entered active duty as an Apprentice Seaman. He participated in the initial amphibious attacks in North Africa, Sicily, Normandy, Southern France, and Okinawa. In 1944, he was Gunnery Officer of the USS Susan B. Anthony (AP-72) that was sunk off Normandy the 7 of June. Later he was First Lieutenant and Damage Control Officer, Executive Officer of USS Arcturus (AKA-1) . He was released from the military in February 1946 as a Lieutenant. He was active for 15 years in the Postwar Naval Reserve, in units concerned with industrial mobilization and armed services procurement contracts. He was member of the Naval Reserve Material Companies 5-2 and 5-3, 5th Naval District. He retired July 1, 1968.

From 1947 to 1961 he was an associate and partner with the firm of Blair, Korner, Doyle, Worth, and Crampton (this firm changed names). From 1961, he worked in the Tax Division of the U. S. Department of Justice, as Chief of the Trial Section. There, he reorganized and administered several sections of the Tax Division and supervised civil refund litigation in all U. S. District Courts and the U. S. Courts of Claims. In 1962 and 1963, he served as deputy assistant attorney general for civil rights. From 1963 to 1977, he was partner in the law firm of Piper & Marbury Attorneys, in the city of Baltimore, where he was the head of the Tax and Estates Department. In 1978, he was appointed to the U. S. Courts of Claims as an associate judge. From 1982-1989, he was judge of the U. S. Court of Appeals for the Federal Circuit. In 1989, he became a senior circuit judge and moved to Alabama, where he continued to work until his death.

Judge Smith was member of the ABA; the Bar Association of the city of Baltimore; the Baltimore Association of Tax Counsel; the National Tax Association; the Tax Institute of America; the Federal Bar Association; the District of Columbia Bar (1948, Tax Division); the Virginia State Bar (1947); the Bar Association of the District of Columbia (member of the Committee on U. S. Courts of Claims); and a permanent member of the Judicial Conference of the Fourth Circuit. He was also a member of the Democratic Party. He taught as adjunct faculty at the University of Samford Law School and at the University of Alabama in Tuscaloosa.

Judge Edward S. Smith died March 22, 2001 in Birmingham, Alabama.

Scope and Contents

These papers document Smith's service on the U.S. Court of Claims, his appointment to the court, court administration, articles and speeches, and the federal court re-organization of the late 1970s that concluded with the Federal Courts Improvement Act of 1979, and the creation of the U.S. Court of Appeals for the Federal Circuit.

The collection reflects the administrative process that took place "to restructure a portion of the intermediate appellate tier." Judge Smith was appointed Judge of the Court of Claims in 1979. There were too many appeals and very few judges, so it was necessaryy to allow the reorganization. In 1978-1979, Daniel J. Meador, Assistant Attorney General, sent a proposal for restructuring the court system. This set of papers, called the Meador Report, began the process that concluded with the Federal Courts Improvement Act of 1979 and launched the necessary legislation to establish the United States Court of Appeals for the Federal Circuit. There are proposals, commentaries, discussions, hearings, statements, and memoranda between judges. This collection can be an excellent source of information on how the courts work internally.

Arrangement

The papers are arranged in the following groups:

Service on U.S. Court of Claims: correspondence, letters of recommendation, memoranda between judges and personal notes regarding court of claims appointments, and court administration rules, dating from primarily from 1977-1982. Boxes 1-2.

Creation of the U.S. Court of Appeals for the Federal District: Meador Report materials, dating from 1978-1991. Boxes 2-5.

Federal Circuit Administration: materials related to the Court of Appeals for the Federal Circuit, various surveys, reports, and rules regarding procedures, dating from 1976-1997. Boxes 6-8.

Personal: resume, published articles, letters, speeches, class notes, and working materials, dating from 1964-1985. Box 9.

Subjects and Indexing Terms

  • Appellate courts -- United States
  • Appellate procedure -- United States
  • Courts -- United States
  • Criminal justice, Administration of -- United States
  • Judges
  • Smith, Edward S., 1919-2001
  • United States. Court of Claims

Container List

Service on U. S. Court of Claims
  • Mixed Materials [35007008145728] MSS 01-3, Box 1
    [Court Administration] Rules. [Memoranda between Judges, Notes]
    1978-1980
  • Mixed Materials [35007008145728] MSS 01-3, Box 1
    [Court Appointment File]. Correspondence, Letters of Recommendation
    1977-1978
  • Mixed Materials [35007008145728] MSS 01-3, Box 1
    [Court of Claims Appointment] Correspondence and personal notes
    1977-1978
  • Mixed Materials [35007008145728] MSS 01-3, Box 1
    Court of Claims Building
    1965-1969, 1979, 1988
  • Mixed Materials [35007008145728] MSS 01-3, Box 1
    Indian Cases [Attorneys Fees]
    1978-1979
  • Mixed Materials [35007008145736] MSS 01-3, Box 2
    Report re Court of Claims by Management Review Division. Administrative Office
    1981
  • Mixed Materials [35007008145736] MSS 01-3, Box 2
    Spector-Goddard Controversy
    1981
  • Mixed Materials [35007008145736] MSS 01-3, Box 2
    Trial Judge George Willi Case
    1976-1980, 1982
Creation of the U. S. Court of Appeals for the Federal District
  • Mixed Materials [35007008145736] MSS 01-3, Box 2
    Meador Report [A proposal to improve the Federal Appellate System]
    1978, July
  • Mixed Materials [35007008145744] MSS 01-3, Box 3
    Meador Report - S. 677 and S. 678. [ Early Proposals for new United States Court of Appeals for the Federal Circuit and Correspondence]
    1978-1979
  • Mixed Materials [35007008145744] MSS 01-3, Box 3
    Meador Report [Statements of Donald C. Alexander, Mortimer Caplin, Howard T. Markey, Stuart E. Siegel, Daniel M. Friedman]
    1979, May
  • Mixed Materials [35007008145744] MSS 01-3, Box 3
    Meador Report Publicity
    1978-1979
  • Mixed Materials [35007008145744] MSS 01-3, Box 3
    S. 677 Judicial Improvement Act of 1979
    1979, March 15
  • Mixed Materials [35007008145744] MSS 01-3, Box 3
    S. 678 Federal Courts Improvement Act of 1979
    1979, March 15
  • Mixed Materials [35007008145744] MSS 01-3, Box 3 Mixed Materials [35007008145751] MSS 01-3, Box 4
    [S. 1477 - Federal Courts Improvement Act of 1979. Memoranda between Judges]
    1979
  • Mixed Materials [35007008145751] MSS 01-3, Box 4
    [S.1691 To provide Improvements in the Structure and Administration of the Federal Tax Courts...]
    1979, Aug.
  • Mixed Materials [35007008145751] MSS 01-3, Box 4
    [H. R. 3806 - Court of Appeals for the Federal Circuit Act of 1980]
    1980, Feb. - Apr.
  • Mixed Materials [35007008145751] MSS 01-3, Box 4 Mixed Materials [35007008145769] MSS 01-3, Box 5
    [S. 21 & H. R. 2405: Memoranda, Testimonies]
    1980, Dec. 1981, March
    4 folders
  • Mixed Materials [35007008145769] MSS 01-3, Box 5
    Legislation re Federal Courts (Miscellaneous)
    1977-1978, 1981, 1988-1991
Federal Circuit Administration
  • Mixed Materials [35007008145769] MSS 01-3, Box 5
    [Copies of Statutory Materials Related to the Court of Appeals for the Federal Circuit]
    1982
  • Mixed Materials [35007008145777] MSS 01-3, Box 6
    Grassley Survey (for Senate Judicial Committee) on Court Workload
    1996-1997
  • Mixed Materials [35007008145777] MSS 01-3, Box 6
    [Internal Rules and Procedures Discussed by Judges]
    1981-1982
  • Mixed Materials [35007008145777] MSS 01-3, Box 6
    Judicial Conference Committee on the Judicial Branch
    1980-1986
  • Mixed Materials [35007008145777] MSS 01-3, Box 6
    Memoranda re Miscellaneous Cases from Judge Smith
    1980-1989
  • Mixed Materials [35007008145785] MSS 01-3, Box 7
    [Miscellaneous Court Administration Matters]
    1976-1984, 1990
  • Mixed Materials [35007008145785] MSS 01-3, Box 7
    Seminar for Newly Appointed Federal Appellate Judges
    1982
  • Mixed Materials [35007008145785] MSS 01-3, Box 7
    U. S. Courts of Appeals for the Federal Circuit Rules
    1981-1982
  • Mixed Materials [35007008145785] MSS 01-3, Box 7
    U. S. Courts of Appeals for the Federal Circuit Tenth Anniversary Program
    1992, Oct. 1
  • Mixed Materials [35007008145785] MSS 01-3, Box 7
    "State of the Court" Summer Letters
    1983-1987
  • Mixed Materials [35007008145793] MSS 01-3, Box 8
    "White Commission" or Commission on Structural Alternatives for the Federal Court of Appeals
    1989
Personal Materials
  • Mixed Materials [35007008145801] MSS 01-3, Box 9
    [Court Claims Appointment]; Personnel File: Resume and Published Articles, etc
    1977
  • Mixed Materials [35007008145801] MSS 01-3, Box 9
    Judge Smith. Information re Appointment
    1978-1985
  • Mixed Materials [35007008145801] MSS 01-3, Box 9
    Smith Speeches
    1979-1988
  • Mixed Materials [35007008145801] MSS 01-3, Box 9
    [Class Notes?, Working Materials? Probably related to Judge Smith and Scott P. Crampton]
    1964-1969
List of Persons with Whom Judge Smith Corresponded
Processing Information

Richard H. Appert, Esq. New York, New York

S. Eason Balch, Esq. Birmingham, Alabama

John S. Battle Richmond, Virginia

William C. Battle President of Field Crest Mills, Inc. Eden, N. C.

Alexis I. du Pont Bayard, Esq. Wilmington, Delaware

Senator Birch Bayh Washington, D. C.

George Beall, Esq. Baltimore, Maryland

Giora Ben-Horin, Esq. Phoenix, Arizona

Edward B. Benjamin, Jr., Esq. New Orleans, Louisiana

Senator Joseph R. Biden, Jr. Washington, D. C.

John M. Bray, Esq. Washington, D. C.

Mortimer Caplin, Esq,. Washington, D. C.

Gene A. Castleberry, Esq. Oklahoma City, Oklahoma

Calvin H. Cobb, Esq. Washington, D. C.

Sheldon S. Cohen, Esq. Washington, D. C.

Scott P. Crampton, Esq. Washington, D. C.

Barbara B. Creed, Esq. San Francisco, California

Eugene G. Eason, Esq. C/o Steptoe & Johnson Clarksburg, West Virginia

E. Charles Eichenbaum, Esq. Little Rock, Arkansas

H. Vernon Eney, Esq. Baltimore, Maryland

Hon. M. Carr Ferguson Tax Division, U. S. Dept of Justice Washington, D. C.

Marvin Joseph Garbis, Esq. Baltimore, Maryland

Charles W. Hall Houston, Texas

John H. Hall, Esq. Los Angeles, California

Don V. Harris, Esq. Washington, D. C.

Isaac Hecht, Esq. Baltimore, Maryland

F. Cleveland Hedrick, Jr. Washington, D. C.

Lee H. Henkel, Jr., Esq. Atlanta, Georgia

Vester T. Hughes, Jr. Esq. Dallas, Texas

Henry C. Ikenberry, Esq. Washington, D. C.

Hon. Philip C. Jackson, Jr. Washington, D. C.

Julian I. Jacobs, Esq. Baltimore, Maryland

Bruce H. Johnson, Esq. Oklahoma City, Oklahoma

John B. Jones, Esq. Washington, D. C.

Senator. Edward M. Kennedy Washington, D. C.

William L. Kinzer, Esq. Atlanta, Georgia

Jules G. Korner, III Washington, D. C.

Hover T. Lenz, Esq. Denver, Colorado

Warren V. Ludlam, Esq. Jackson, Mississippi

Charles C. MacLean, Esq. New York, New York

William D. McLean, Esq. Rockville, Maryland

Senator Charles Mc C. Mathias, Jr. Washington, D. C.

Donald L. McCaskey, Esq.. Pittsburgh, Pennsylvania

Robert P. Mittelman, Esq. Baltimore, Maryland

Stanley C. Morris, Jr. Washington, D. C.

Senator Sam Nunn Washington, D. C.

Hon. Louis F. Oberdorfer McLean, Virginia

John S. Pennell, Esq. Chicago, Ill.

John T. Piper Bogle & Gates Seattle, Washington

Lester M. Ponder, Esq. Indianapolis, Indiana

C. Frank Reifsnyder, Esq. Washington, D. C.

Mitchell Rogovin, Esq. Washington, D. C.

Alan F. Rothschild, Esq. Columbus, Georgia

Michael C. Russ, Esq. Atlanta, Georgia

Frank P. Samford, Jr., Esq. Birmingham, Alabama

Hon. Barefoot Sanders, Jr., Esq Dallas, Texas

Jacques T. Schlenger, Esq. Baltimore, Maryland

Esward J. Schmuck, Esq. Washington, D. C.

Bernard G. Segal, Esq. Philadelphia, Pennsylvania

Sargent Shriver, Esq. Washington, D. C.

Sherwin P. Simmons, Esq. Trebam, Simmons, Kemper, Scharf, Barkin, Frye & O'Neill Tampa, Florida

George A. Smathers, Esq. Washington, D. C.

Gary P. Smith, Esq. Birmingham, Alabama Senator John Sparkman Washington, D. C.

Hart H. Spiegel, Esq. San Francisco, California

Dean Emerson Spies Charlottesville, Virginia

Norman A. Sugarman, Esq. Washington, D. C.

William A. Sutherland, Esq. Sutherland, Asbill & Brennan Washington, D. C.

Senator Herman E. Talmadge Washington, D. C.

S. Shepherd Tate, Esq. Memphis, Tennessee

Joseph D. Tydings, Esq. Washington, D. C.

William Waller, Esq. Nashville, Tennessee

Johnie M. Walters, Esq. Washington, D. C.

Meade Whitaker, Esq. Washington, D. C.

W. Bew White, Jr., Esq. Birmingham, Alabama

Stanley H. Wilen, Esq. Baltimore, Maryland

Glen A. Wilkinson, Esq. Washington, D. C.

Elliott T. Williams, Esq. Birmingham, Alabama

Andrew B. Young, Esq. Philadelphia, Pennsylvania