Vanderbilt Law Review

First Page



On a rough estimate, there were some two hundred items of every variety of legal writing: text books, case books, an unpretentious but wise little volume on the Introduction to the Study of Law, the successive stages of the Code of Evidence of the American Law Institute, essays scattered in dozens of law reviews, as well as those contained between book covers, like his Carpentier Lectures, book reviews, surveys of developments in the law both in the Nation and latterly in Tennessee. He has not been a one-subject scholar. But in one field, Evidence,he has become the contemporary master. History will surely account him with Thayer and Wigmore as a trinity in the law of evidence, and not the less so because of his respectful but fresh reexamination of and disagreement with some of the tenets of his two glorious predecessors. Nor has he restricted his great powers to doctrinal writings. If law is indeed to serve as the cohesive force of acivilized secular society, Morgan naturally has not shrunk from applying his deep learning in the field of evidence and procedure-that is, the appropriate conduct of trials-to such causes "celebres" as the Mooney and Sacco-Vanzetti cases, even though, or precisely because, they were embroiled in public passion.