Absolutely brilliant but free of intellectual arrogance
I am saddened to read of the death of Professor David Herwitz ’49. I had the good fortune to be in his Business Planning class during the 1961-1962 academic year. The passage of 62 years has not dulled my memory, admiration, and appreciation of Professor Herwitz. The photos of him in the Bulletin’s obit [Spring 2024 issue] are richly evocative and are characteristic of just the way he was.
He was absolutely brilliant — a great scholar, but free of intellectual arrogance. His modesty was always evident.
He related well to his students. His teaching was magnetic. I can still see him walking back and forth across the front of those vast Langdell lecture halls of yesteryear (135-student capacity), compelling student attention by his incisiveness, eloquence, and humor. His love of the law was apparent.
I profited immensely from his teachings during the 41 years that I practiced law. He taught us both substantive law and, often more important, how to think about a law problem.
Shortly before my 50th Reunion (10 ½ years ago), I realized that it would be good to reconnect with Professor Herwitz. And I and my wife did so, and with his equally brilliant spouse, Carla ’55. That led to dinners with them in Swampscott and Palm Beach. The conversations were always lively, and it was a special joy and privilege for me to be in his presence again.
He will be missed but fondly remembered and deeply appreciated.
Henry S. Stolar ’63
Miami Beach, Florida
How fortunate to experience such a great teacher
I read with interest the last and excellent Bulletin and with regret the obituary for David Herwitz. I was in the Class of ’53 and practiced law for over four years before becoming a teaching fellow at the school in 1957. In addition to my teaching fellow duties, I was approached by Professor Herwitz and asked if I would be willing to participate in teaching a seminar which he and Abe Chayes [’49] had just started on Business Planning. The seminar eventually evolved into David’s book on that subject.
The Business Planning seminar was great fun. David devised an actual business situation in New York involving the creation of a partnership to make gloves. I have not forgotten my experience with David now over 60 years ago. How fortunate I was to have that experience with such a great teacher.
Joseph Guttentag ’53
South Bristol, Maine
Kudos
I just wanted to drop you a note to congratulate you all on a terrific upgrade to the Bulletin’s format (shorter, more trenchant articles) and design. Really a pleasure to read now.
James L. Carney ’66
Madison, Wisconsin
That way lies chaos
I enjoyed Jeff Neal’s article (“Breyer for the Defense”) in your Spring 2024 issue. Professor Breyer was one of my favorite professors (Antitrust) at the law school.
Professor Breyer argues for liberalizing views of constitutionality, at least in cases where a statute can be viewed as “necessary and proper” or sufficiently “pragmatic” to meet modern conditions. He is, I believe, a policy liberal. Does he think his liberal methodology will produce only results he supports? A conservative justice will have her own opinions of what is necessary, proper and pragmatic. Do we thereby become more a government of men/women not of laws? That way lies chaos.
Rauer Meyer ’73
Los Angeles