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Extracted Text (OCR)
4.2.12
WC: 191694
Yale, this confrontational approach was generally admired. It had not been acceptable to the
Rabbis, nor would it be to justices and judges.
Even at Yale, my chutzpah was not welcome by all the professors. Professor Fritz Kessler, was
an older European trained academic who taught jurisprudence. One day, he was lecturing on
Freud’s influence on German jurisprudence and he misunderstood one of Freud’s most important
theories. I raised my hand and corrected him. After class, an older student, who had been a
Marine and was married to another student in our class, grabbed me and said, “You embarrassed
someone I love. If you ever do that again, I’ll deck you.” I was startled and replied, “How did I
embarrass your wife?” He said, “Not my wife, stupid. Professor Kessler, you embarrassed him.
Don’t ever correct him again publicly.” So much for academic freedom. But Professor Bickel
was wise to caution me about toning down my aggressiveness if I wanted to succeed as a law
clerk.
Guido Calabresi offered similar cautionary advice, but it was more about style than substance. He
really pushed hard to get Justice Black to select me.
Professor Rodel was so concerned that I might contaminate the elderly Justice Black that he took
the train to Washington to try to persuade him to reject the recommendation of his recent law
clerk. In the end, Justice Black told Professor Calabresi that he had to defer to his friend's veto
for that year but that he would consider me for the following year. This was the best possible
news because it allowed me to accept a clerkship with Judge David Bazelon on the United States
Court of Appeals for the District of Columbia.
Judge Bazelon was actually my first choice, but I also wanted--indeed I felt I needed--the status
that came along with a Supreme Court clerkship in order to obtain the kind of job offers I would
be seeking after finishing my clerkships. Two of my other mentors at law school, Professor
Joseph Goldstein and Professor Abraham Goldstein (not related) had both clerked for Judge
Bazelon. One of my primary interests in law school was the relationship between law and
psychiatry. Another was criminal law. Those were also Judge Bazelon's specialties. Making the
Bazelon clerkship even more appealing was the likely upcoming vacancy that would be left when
Justice Frankfurter, who had suffered a stroke, retired. Bazelon was on the short list to fill the so-
called "Jewish seat" on the Supreme Court. So if Judge Bazelon were to be promoted to the
Supreme Court, he might take his law clerk with him.
In the end, Judge Bazelon was regarded as too liberal for the Kennedy Administration and was
passed over for labor secretary Arthur Goldberg, who had no judicial experience, but boasted a
distinguished career as a labor lawyer before he joined the Cabinet as Secretary of Labor.
Bazelon and Goldberg were close friends, both having grown up in the Jewish neighborhoods of
Chicago and being the same age. I ended up clerking for both Judge Bazelon and for Justice
Goldberg, which was a dream come true. I spent two years in Washington from the summer of
1962 to the summer of 1964. These were extremely eventful years, not only for me, but for the
country and the world. The Cuban Missile Crisis took place several months into my clerkship
with Judge Bazelon. Martin Luther King's "I have a dream" speech was delivered in the summer
of 1963. And in the fall of 1963, early in my Supreme Court clerkship, President Kennedy was
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