In an unprecedented move, Yale Law School introduced a pioneering course this fall, allowing students to delve into the working papers of former Supreme Court Justice Potter Stewart ’41. This distinctive course, titled “Research Methods in Judicial History,” provided students with a hands-on exploration of the archival materials, offering an intimate perspective on the creation of historic legal decisions. Lecturers in legal research, Nicholas Mignanelli and Michael VanderHeijden guided students through this unique academic journey, equipping them with research skills highly valued in both scholarly and legal practice.
The course revolved around the extensive collection of Justice Potter Stewart’s papers housed at Yale’s Beinecke Rare Book & Manuscript Library. Comprising 679 boxes, this collection spans Stewart’s early life, undergraduate years at Yale, and his tenure on the 6th Circuit U.S. Court of Appeals and the Supreme Court from 1958 to 1981. Stewart’s papers played a pivotal role in unraveling the processes behind landmark decisions during a transformative period in American history.
Inspiration for the course emerged when Chief Justice John Roberts referenced correspondence from the private papers of former Associate Justice Harry A. Blackmun during oral arguments for Dobbs v. Jackson Women’s Health. The citation of private papers during such a high-profile case underscored the increasing importance of judicial history materials in court proceedings. Recognizing this trend, Mignanelli and VanderHeijden designed a course that immerses students in the critical exploration of court documents and judicial papers, a subject not extensively covered in U.S. law schools.
The course delved into the concept of judicial history materials, emphasizing their role in legal scholarship and their growing relevance in courtrooms. Mignanelli noted the surge in interest in historical documents in appellate litigation, attributing it to the rise of originalism and textualism in legal approaches. The course aimed to foster “legal information literacy” among students, teaching them to critically evaluate sources and resource tools to make informed and ethical decisions in their legal careers.
Justice Potter Stewart’s papers provided a rich source for exploration, covering well-known decisions on privacy, criminal trials, and the rights of individuals during arrests. Students were exposed to everyday documents, such as drafts and case files, shedding light on the behind-the-scenes workings of the Supreme Court. Personal materials, including letters, birthday cards, and photographs, humanized the justices, showcasing the often-overlooked aspects of their lives.
Through archival research, students gained practical skills such as electronic docket searches and navigating materials in various formats, including microfiche. The course also aimed to instill an understanding of the preservation and availability of legal records, essential for future legal practitioners and researchers.
The innovative course format included guest speakers, featuring experiences from Clinical Lecturer in Law Linda Greenhouse ’78 MSL and insights into the archiving process from Yale archivist Eric Sonnenberg. Students engaged in discussions about the broader implications of individual justices’ choices regarding the release and preservation of their papers for the historical record and democracy.
This groundbreaking course at Yale Law School not only underscores the institution’s commitment to pushing academic boundaries but also equips students with invaluable skills for navigating legal history and shaping the future of legal practice.
