A. E. Dick Howard papers

Access and use

Location of collection:
University of Virginia, Special Collections Dept.
Albert and Shirley Small Special Collections Library
University of Virginia
P.O. Box 400110
160 McCormick Rd
Charlottesville, Virginia 22904-4110
Contact for questions and access:
POC: Brenda Gunn
Phone: (434) 924-1037
Phone: (434) 243-1776
Fax: (434) 924-4968

Summary

Extent:
34.5 Cubic Feet 82 archival boxes
Creator:
Howard, A. E. Dick
Language:
English

Background

Scope and content:

The papers of A. E. Dick Howard reflect his academic and professional endeavors. The archives have received five installments of papers from Professor Howard, plus an entire collection: The Papers of A. E. Dick Howard for the Virginia Commission for Constitutional Revision, received in 1981, MSS 81-4. Papers related to the nomination of Judge Robert Bork to the Supreme Court: these files consist of some reports and statements in relation to the nomination of Judge Robert H. Bork to the Supreme Court. Professor Howard was a commentator on the McNeil/Lehrer NewsHour during the confirmation hearings. Bill O'Brien, a student assistant, helped him to collect all of the information. Addendum [a]: Central and Eastern European New Constitutions: these files relate to Howard's involvement on the writing of new constitutions in Central and Eastern Europe at the collapse of the Soviet Union. The files were processed trying to convey their original organization and consist of correspondence, memoranda, working papers and numerous printed materials.

Addendum [b]: Lectures and Speeches: this collection consists of files related to lectures and speeches given by Professor Howard. The files include correspondence, memoranda, programs, notes, and printed materials .

Addendum [c]: consist of campaign materials from the 1970 Referendum on the Constitution of Virginia.

Addendum [d]: consist of files about the [Virginia] Governor Fellows Program; Governor's Commission on Campaign Finance Reform, Government Accountability, and Ethics (Ethics Commission); Project on Constitution and Democracy in Central and Eastern Europe (Please see: Papers of Professor A. E. Dick Howard re Central and Eastern European new constitutions: MSS 2013 – 1a); ERA – Task Force on the Effect of Ratification of the Equal Rights Amendment on the Law of Virginia; Miller v. Ayres and Howell v. McAuliffe; Miscellaneous UVA Files related to University of Virginia Committee on Virginia Status of University Students (1972) and Law School lists of reading materials for Prof. Howard's classes.

Addendum [e]: contains materials that were used to launch a curriculum for a new course on environmental law at the University of Virginia Law School, taught by professors A. E. Dick Howard and Mason Willrich. These papers include correspondence with professors and lawyers at other institutions, research materials for pertinent subjects, and class materials such as syllabi, lectures, and student papers.

These files consists of some reports and statements in relation to the nomination of Judge Robert H. Bork to the Supreme Court. Professor Howard was a commentator on the McNeil/Lehrer NewsHour during the confirmation hearings. Bill O'Brien, a student assistant, helped him to collect all of the information.

These papers relate to Howard's involvement on the writing of new constitutions in Central and Eastern Europe at the collapse of the Soviet Union. The files were processed trying to convey their original organization and consist of correspondence, memoranda, working papers and numerous printed materials. A list of all printed materials taken out have been added to each folder. for researchers to see.

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The collection consists of 24 archival boxes (9.6 linear ft.). The files maintain their original chronological organization and include correspondence, memoranda, programs, notes, and numerous printed materials.

This addendum consist of campaign materials from the 1970 Referendum on the Constitution of Virginia.

This addendum was given to the University of Virginia School of Law Library in December of 2016. It consists of 13 boxes (5.5 linear ft.) of professional files divided in 76 subseries:

Governor Fellows Program

In 1982 Virginia Governor Charles S. Robb, appointed A. E. Dick Howard as counselor to the Governor. One of his actions was to create the Governor's Fellows Program, a program that invited college students and graduate students to apply to serve for a summer in the Governor's Office. Each summer 20 or 25 Fellows were assigned to work with members of the Governor's Cabinet or personal staff. Prof. Howard was in charge of the program from 1982 to 1994.

Governor's Commission on Campaign Finance Reform, Government Accountability, and Ethics (Ethics Commission)

In 1992, Governor Douglas Wilder appointed A. E. Dick Howard to chair a commission on government ethics and integrity. The commission had the task of revising campaign finance, conflicts of interest, and standards of ethics in government

Project on Constitution and Democracy

These files complement previous documents of Professor Howard's work in Central and Eastern Europe after the collapse of the communism. The majority of these files were printed materials related to CEE and were added to the library collection or discarded in case of duplication. (Please see: Papers of Professor A. E. Dick Howard re Central and Eastern European new constitutions: MSS 2013 – 1a)

ERA – Task Force on the Effect of Ratification of the Equal Rights Amendment on the Law of Virginia

In 1973 the Virginia General Assembly created the Task Force on the Effect of Ratification of the Equal Rights Amendment on the Law of Virginia to advise legislators on how ERA, if adopted, would affect Virginia law. The Task Force looked at labor and employment, property rights, family law, criminal law and military law. On January 30, 1974 the Task Force reported before a joint meeting of the House and Senate Committees on Privileges and Elections in Richmond. The Virginia General Assembly did not ratify the proposed amendment. Professor Howard recalls: "Virginia was the only state in which ERA did not even reach the floor of the state legislature."

Miller v. Ayres and Howell v. McAuliffe

Amicus briefs for Miller v. Ayres and Howell v. McAuliffe filed in behalf of the Council for Independent Colleges in Virginia.

Miscellaneous UVA Files

University of Virginia Committee on Virginia Status of University Students (1972) and Law School lists of reading materials for Prof. Howard's classes.

This collection of 11 boxes (5.3 linear ft.) contains materials that were used to launch a curriculum for a new course on environmental law at the University of Virginia Law School, taught by professors A. E. Dick Howard and Mason Willrich. These papers include correspondence with professors and lawyers at other institutions, research materials for pertinent subjects, and class materials such as syllabi, lectures, and student papers.

Boxes 1 – 6 contain A. E. Dick Howard student notebooks as a law student at the University of Virginia School of Law, a binder with briefs (Box 5) and other University of Virginia files.

Boxes 7-8 are the Hugo L. Black files. A. E. Dick Howard served as a law clerk to Justice Black during the October Term of 1962 to the October Term of 1963.

Box 9 -10 contain cert notes that Howard wrote during his clerkship with Justice Hugo Black (1962-1964). "I happened upon the scene of a truly historic moment. Between the time I accepted the clerkship and the time I reported for duty, Felix Frankfurter had a stroke and left the Court. He was replaced by Arthur Goldburg, Thus the field marshal of the Court's conservative wing was replaced by a liberal. This shifted the balance on the Court to the more liberal justices. It was at that moment that the Warren Court came into its own, I had the fortune of sitting at the elbow of the architect of much of the Warren Court's most important decisions. An example (during my time) was Gideon v. Wainwright."

Boxes 11- 15 Teaching Files: Comparative Constitutional Law, Constitutionalism, Jurisprudence, Supreme Court Seminar (All these files have restricted materials that have been signaled).

Boxes 15 -21 are comprised of case files. School District of Grand Rapids v. Ball, an important case arising under the First Amendment's Establishment Clause in which Prof. Howard agreed to argue the case for the respondents. The Bricks Company v. United States "involved constitutional challenges to the Coal Industry Retiree Health Benefit Act of 1992", are two of the most important ones.

Boxes 22-27 are the Counselor to Governor Charles S. Robb Files. A. E. Dick Howard was named Counselor to the Governor in 1982. "This position had not existed before, so I was the first person to hold this post. The post was unpaid and part-time." (Note to Amy Wharton, October 2020).

Box 28 contains Other State of Virginia files

Biographical / historical:

Professor Howard writes:

"The events leading up to and following the fall of the Berlin Wall led to the collapse of the Soviet empire in Central and Eastern Europe. Communist regimes in the former communist countries were ousted, free elections took place, and the peoples of the region began the slow and arduous task of trying to lay the foundations for constitutional democracies. Events moved with amazing speed. For example, by the end of 1989, Vaclav Havel, a former dissident, became the first president of post-communist Czechoslovakia. The new era brought the making of new constitutions. Drafters looked westward, especially to Western Europe, but also to America. My first invitation came from Hungary. The team charged with drafting a new constitution came to Charlottesville, and I did a series of seminars for them on constitution-making. I drew on my experience here in Virginia, as well as work I had done in other places, such as Hong Kong and the Philippines. These consultations were followed by my being invited to Budapest, where I was the guest of the Hungarian Parliament. I then had invitations to work with other countries in the region. Sometimes the invitation came from the President's office, as in Czechoslovakia. Sometimes it came from the Parliament, as in Poland. Typically there was American sponsorship, either official (for example, the State Department) or NGO (especially the American Bar Association's Central and Eastern European Law Initiative). Usually I was a member of a team (for example, I worked closely with DC attorney Lloyd Cutler and American University professor Herman Schwartz in Prague). Often there were also consultants from European countries, such as Germany's Helmut Steinberger or France's Robert Badinter). I took my role throughout to be a modest one. Sometimes I was directly involved in drafting (as in Prague). Other times the work was by way of offering general advice. I tried to avoid seeming to be a cultural imperialist; that is, I did not try to force the American model on the people of another country. I tried to sketch out basic principles, ask a lot of questions, and get drafters thinking about options and choices".

Professor Howard writes: "… the highlights of these files relate to endowed lectures at major universities (such as the Caroline Robbins Lecture at the University of London), lectureships sponsored by major foundations (such as a British foundation's sponsorship of lectures at major universities in the UK, including Oxford, Cambridge, Edinburgh, etc.), my chairmanship of the Virginia Commission on the Bicentennial of the United States Constitution), my regular appearances at the Fourth Circuit Judicial Conference (at each conference, I organize and moderate a program reviewing the most recent Term of the Supreme Court), and various other programs."

Acquisition information:
These papers were transferred to the archives by Howard in 2012, 2013 2014, 2015, 2016, 2017.
Processing information:

Processed by Amber

List of taken out printed materials is available ion folder control in Special Collections.

Arrangement:

This addendum is divided in 5 groups:

Central and Eastern Europe Files (Boxes 1- 20) comprised of general documents and files titled by nation.

Conference on Security and Cooperation in Europe [CSCE] Files (Boxes 21 – 22) plus digital documents.

US Institute for Peace Project (Boxes 21-23)

Non Eastern European Constitutionalism files (Boxes 24-26)

Miscellaneous documents (26-28)

This addendum of one folder was incorporated to MSS 2013-1d, Box 1.

Rules or conventions:
Describing Archives: A Content Standard