Borchard, Edwin, 1884-1951

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In 1910, Edwin M. Borchard was appointed to the agency representing the U.S. during the Hague Tribunal's North Atlantic fisheries arbitration. From 1911-1916, he was Law Librarian of Congress, except while serving as Assistant Solicitor for the Department of State (1913-1914). Borchard was a professor of law at the Yale Law School from 1917-1950. He was a visiting lecturer at the International Academy of Law at the Hague, 1923; legal advisor to numerous governmental agencies; and author of books and articles on international law.

From the description of Edwin Montefiore Borchard papers, 1910-1950 (inclusive). (Unknown). WorldCat record id: 702122573

In 1910, Edwin M. Borchard was appointed to the agency representing the U.S. during the Hague Tribunal's North Atlantic fisheries arbitration. From 1911-1916, he was Law Librarian of Congress, except while serving as Assistant Solicitor for the Department of State (1913-1914). Borchard was a professor of law at the Yale Law School from 1917-1950. He was a visiting lecturer at the International Academy of Law at the Hague, 1923; legal advisor to numerous governmental agencies; and author of books and articles on international law.

Edwin Montefiore Borchard was born in New York City on October 17, 1884. Borchard's father, Michaelis, had emigrated from Prussia in 1859 and settled in New York City where he established an importing business. After completing his preliminary education in. the New York City public school system, Borchard attended the College of the City of New York from 1898 to 1902. He received his LL.B. from New York Law School in 1905 and his B.A. (1908) and Ph.D. (1913) from Columbia.

In 1910 Borchard, an expert in international law, was appointed to the agency representing America during the Hague Tribunal's North Atlantic fisheries arbitration. While in Europe he traveled extensively for the Library of Congress, investigating and collecting literature on continental law.

From 1911 to 1916, Borchard was employed as the Law Librarian of Congress, except for a period during 1913-1914 when he served as Assistant Solicitor for the Department of State. In 1915 he traveled through South America investigating legal literature for the Library of Congress and studying commercial law for the Department of Commerce.

After a brief period as an attorney for the National City Bank of New York, Borchard was appointed Professor of Law at Yale University Law School in 1917. In 1927 he was appointed to the Justus H. Hotchkiss Chair of Law at Yale, a position he held until his retirement in 1950. While on leave from Yale, Professor Borchard served as a member and lecturer at the International Academy of Law at The Hague in 1923, and in 1925 he became the first American professor to lecture at the University of Berlin since the beginning of World War I.

Throughout his academic career Professor Borchard served as a legal adviser to a number of government agencies, including the State and Treasury Departments, the Office of Civilian Defense, and the Maritime Commission. In 1929 he was appointed chief consul for Peru when the United States arbitrated the Tacna-Arica boundry dispute between Peru and Chile. During 1930 he was a technical adviser to the Conference on the Codification of International Law at The Hague. He was also a member of the Committee of Experts for American Codification of International Law.

One of the most important aspects of Professor Borchard's career was his effort on behalf of legal reform. Two of his major studies, The Declaratory Judgment and Convicting the Innocent, were concerned with this phase of his work.

In a series of articles and studies, beginning with "Declaratory Judgments" in 1918 and ending with The Declaratory Judgment in 1934, Borchard persuasively argued for the utilization of declaratory judgments in state and federal courts. Essentially, a declaratory judgment is a declaration by a court of the rights, duties, or legal status of any interested party to a case before that court; it may or may not be accompanied by a grant of further relief by the court, e.g., an injunction, damages, etc. The device has its roots in the law of the Middle Ages and by the end of the nineteenth century was frequently used in the court systems of Western and Central Europe. Borchard's campaign for the use of this device in American courts resulted in its widespread acceptance in state court systems by the early 1930s. In 1934 the Seventy-Third Congress passed the Federal Declaratory Judgment Act, co-drafted by Borchard, allowing the use of the device in federal courts. In the opinion of Charles E. Clark, Borchard's campaign for the acceptance of the declaratory judgment was "…the greatest one-man job of legal reform to occur in this country."

Convicting the Innocent, published in 1932, was a study of miscarriages of justice in which innocent persons had been wrongly convicted of crimes. As a result of the revelations set forth in this work, Congress, in 1938, passed an act granting relief to individuals who had been erroneously convicted in United States courts.

Professor Borchard's interests were not confined solely to the law. He was the author of a number of popular articles publicizing political issues and was well known in the national press as an exponent of American neutrality who opposed the United States' entry into both World Wars I and II. He also acted as an adviser on foreign affairs to a number of eminent statesmen, including Senators William E. Borah, John A. Danaher, and Hiram W. Johnson, as well as Congressmen James A. Shanley (3rd district, Connecticut) and George Holden Tinkham (11th district, Massachusetts).

Professor Borchard died on July 22, 1951.

From the guide to the Edwin Montefiore Borchard papers, 1910-1950, (Manuscripts and Archives)

Archival Resources
Role Title Holding Repository
referencedIn Jerome New Frank papers, 1918-1972, 1929-1957 Yale University. Department of Manuscripts and Archives
referencedIn Nagel, Charles, 1849-1940. Charles Nagel papers, 1877-1940 (inclusive). Yale University Library
referencedIn George Howard Edward Smith papers, 1917-1962 Yale University. Department of Manuscripts and Archives
referencedIn Papers, 1888-1964 Harvard Law School Library, Harvard University.
referencedIn Parsons, Charles, 1889-. Charles Parsons papers, 1880-1965 (inclusive). Yale University Library
referencedIn Smith, George Howard Edward, 1898-1962. George Howard Edward Smith papers, 1917-1962 (inclusive). Yale University Library
referencedIn Frank, Jerome, 1889-1957. Jerome New Frank papers, 1918-1972 (inclusive), 1929-1957 (bulk). Yale University Library
referencedIn Kitchelt, Florence Ledyard Cross, 1874-1961. Florence Ledyard Cross Kitchelt papers, 1909-1947 (inclusive), 1924-1941 (bulk). Yale University Library
referencedIn Papers, 1840-1961. Harvard Law School Library, Harvard University.
referencedIn Papers, 1894-1960 Harvard Law School Library, Harvard University.
referencedIn Jesse Siddall Reeves Papers, 1853-1942, 1901-1942 Bentley Historical Library , University of Michigan
referencedIn Parsons, Charles, 1889-. Charles Parsons papers, 1880-1965 (inclusive). Yale University Library
referencedIn Charles Parsons papers, 1880-1965 Yale University. Department of Manuscripts and Archives
referencedIn Fred Kenelm Nielsen Papers, 1881-1961, (bulk 1900-1956) Library of Congress. Manuscript Division
referencedIn Charles Edward Clark papers, 1907-1967, 1935-1963 Yale University. Department of Manuscripts and Archives
creatorOf Villard, Oswald Garrison, 1872-1949. Oswald Garrison Villard papers, 1856-1949. Harvard University, Houghton Library
referencedIn Papers, 1894-1960 Harvard Law School Library, Harvard University.
referencedIn William Edgar Borah Papers, 1905-1940, (bulk 1912-1940) Library of Congress. Manuscript Division
referencedIn Danaher, John Anthony, 1899-. John Anthony Danaher papers, 1916-1979 (inclusive), 1938-1953 (bulk). Yale University Library
referencedIn Jessup, Philip C. (Philip Caryl), 1897-1986. Philip C. Jessup papers, 1574-1983 (bulk 1925-1983). Library of Congress
referencedIn Clark, Charles Edward, 1889-1963. Charles Edward Clark papers, 1907-1967 (inclusive), 1935-1963 (bulk). Yale University Library
referencedIn Borah, William Edgar, 1865-1940. William Edgar Borah papers, 1905-1940 (bulk 1912-1940). Library of Congress
referencedIn Frank, Jerome, 1889-1957. Jerome New Frank papers, 1918-1972 (inclusive), 1929-1957 (bulk). Yale University Library
referencedIn Nagel, Charles, 1849-1940. Charles Nagel papers, 1877-1940 (inclusive). Yale University Library
referencedIn John Anthony Danaher papers, 1916-1979, 1938-1953 Yale University. Department of Manuscripts and Archives
creatorOf Edwin Montefiore Borchard papers, 1910-1950 Yale University. Department of Manuscripts and Archives
referencedIn Smith, George H. E. (George Howard Edward), 1898-1962. George Howard Edward Smith papers, 1917-1962 (inclusive). Yale University Library
creatorOf Borchard, Edwin Montefiore, 1884-1951. Edwin Montefiore Borchard papers, 1910-1950 (inclusive). Yale University Library
referencedIn Charles Nagel papers, 1877-1940 Yale University. Department of Manuscripts and Archives
referencedIn Moore, John Bassett, 1860-1947. Papers of John Bassett Moore, 1866-1949 (bulk 1885-1938). Library of Congress
referencedIn Nielsen, Fred Kenelm, 1879-. Papers of Fred Kenelm Nielsen, 1881-1961. Library of Congress
referencedIn Philip C. Jessup Papers, 1574-1983, (bulk 1925-1983) Library of Congress. Manuscript Division
Role Title Holding Repository
Relation Name
associatedWith Allen, Devere, 1891- person
associatedWith America First Committee. corporateBody
associatedWith American Civil Liberties Union. corporateBody
associatedWith American Friends of Spanish Democracy (New York) corporateBody
associatedWith Angell, James Rowland, 1869-1949. person
associatedWith Armstrong, Thomas R. person
associatedWith Arnold, Thurman Wesley, 1891-1969. person
associatedWith Barnes, Harry Elmer, 1889-1968. person
associatedWith Beard, Charles Austin, 1874-1948. person
associatedWith Beard, Mary Ritter, 1876-1958. person
associatedWith Bemis, Samuel Flagg, 1891-1973. person
associatedWith Bingham, Hiram, 1875-1956. person
correspondedWith Borah, William Edgar, 1865-1940. person
associatedWith Brandegee, Frank Bosworth, 1864- person
associatedWith Brandeis, Louis Dembitz, 1856-1941. person
associatedWith Brewster, Owen, 1888-1961. person
associatedWith Brodney, Spenser, 1883- person
associatedWith Burke, Edward Raymond, 1880- person
associatedWith Cardozo, Benjamin N. (Benjamin Nathan), 1870-1938. person
associatedWith Castle, William R. (William Richards), 1878-1963. person
associatedWith Celler, Emanuel, 1888-1981. person
associatedWith Clark, Charles Edward, 1889-1963. person
associatedWith Colcord, Lincoln, 1883- person
associatedWith Colcord, Lincoln, 1883- person
associatedWith Connally, Thomas Terry, 1877- person
associatedWith Croly, Herbert David, 1860-1930. person
associatedWith Danaher, John Anthony, 1899- person
associatedWith Douglas, William O. (William 0rville), 1898- person
associatedWith Dulles, John Foster, 1888-1959. person
associatedWith Fish, Hamilton, 1849-1936. person
associatedWith Frankfurter, Felix, 1882-1965. person
associatedWith Frank, Jerome, 1889-1957. person
associatedWith Fraser, Henry Salmon, 1900- person
associatedWith Hackworth, Green Haywood, b. 1883. person
correspondedWith Hand, Learned, 1872-1961 person
associatedWith Holmes, Oliver Wendell, 1841-1935. person
associatedWith Hoover, Herbert, 1874-1964. person
associatedWith Hudson, Manley Ottmer, 1886- person
associatedWith Hughes, Charles Evans, 1862-1948. person
associatedWith Hull, Cordell, 1871- person
correspondedWith Jessup, Philip C. (Philip Caryl), 1897-1986. person
associatedWith Johnson, Hiram, 1866-1945. person
associatedWith Keep America Out of War Congress. corporateBody
associatedWith Kellor, Frances Alice, 1873- person
associatedWith Kellor, Frances Alice, 1873- person
associatedWith King, William Henry, 1863-1949. person
associatedWith Kitchelt, Florence Ledyard Cross, 1874-1961. person
associatedWith La Follette, Fola, 1904-1970. person
associatedWith La Follette, Robert M. (Robert Marion), 1855-1925. person
associatedWith La Follette, Robert M. (Robert Marion), 1895-1953. person
associatedWith Lage, William Potter. person
associatedWith Lage, William Potter. person
associatedWith Littell, Nelson, 1897- person
associatedWith Mills, Ogden, 1856-1929. person
associatedWith Moley, Raymond, 1886- person
associatedWith Moley, Raymond, 1886- person
associatedWith Moore, John Bassett, 1860-1947. person
associatedWith Nagel, Charles, 1849-1940. person
associatedWith Newton, Cleveland Alexander, 1873- person
associatedWith Nielsen, Fred Kenelm, 1879- person
associatedWith Norris, George W. (George William), 1861-1944. person
associatedWith Nye, Gerald Prentice, 1892-1971. person
associatedWith Owen, R. L. (Robert Latham), 1856-1947. person
associatedWith Parsons, Charles, 1889- person
associatedWith Pepper, George Wharton, 1867- person
associatedWith Pound, Roscoe, 1870-1964. person
associatedWith Reeves, Jesse Siddall, 1872- person
associatedWith Shanley, James Andrew, 1896-1965. person
associatedWith Smith, George H. E. (George Howard Edward), 1898-1962. person
associatedWith Stecher, Karl, 1891- person
associatedWith Stone, Harlan Fiske, 1872- person
associatedWith Taft, Robert A. (Robert Alphonso), 1889-1953. person
associatedWith Taft, William H. (William Howard), 1857-1930. person
associatedWith Thomas, Norman, 1884-1968. person
associatedWith Tilson, John Q. (John Quillin), 1866-1958. person
associatedWith Tinkham, George Holden, 1870-1956. person
associatedWith Viereck, George Sylvester, 1884-1962. person
associatedWith Villard, Oswald Garrison, 1872-1949. person
associatedWith Wigmore, John Henry, 1863-1943. person
associatedWith Women's International League for Peace and Freedom. corporateBody
associatedWith Yale Law School. corporateBody
associatedWith Yale University corporateBody
associatedWith Yale University. Faculty. corporateBody
Place Name Admin Code Country
United States
United States
Subject
Neutrality--United States
Judicial error
World War, 1914-1918
World War, 1939-1945
Law
Judicial error--United States
Civil procedure
International law
Civil procedure--United States
Judgements, Declaratory
Neutrality
Occupation
Educators
Lawyers
Function

Person

Birth 1884-10-17

Death 1951-07-22

Americans

English

Information

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