SELECTED BIBLIOGRAPHY It has been well said that of all of Joseph Story's vast output, the book we miss the most is the one he planned but never wrote—his memoirs. An anticipatory synopsis of them appears in an autobiographical letter to his son written in 1831, which is reproduced in Joseph Story, Miscellaneous Writings ( W. W. Story, ed.; Boston, 1852) and also, in fragmented fashion, in W. W. Story , Life and Letters of Joseph Story ( Boston, 1851). The latter carries all the limitations of a filial memorial but is nonetheless solid and generally accurate, and remains the authoritative work on Story. Readers unwilling to essay its prolixities or those of the Miscellaneous Writings may find more to their taste the writings by and about Story collected, together with an extensive bibli- ography, in J. C. Hogan and Schwartz M. D., eds., Joseph Story ( New York, 1959). Hogan has also retrieved and reprinted numerous Story writings, which are listed in the bibliography. Two relatively short but admirable studies of Story are Henry Steele Commager 's 1941 Bacon lecture, "Joseph Story," which is reprinted in The Gasper G. Bacon Lectures on the Constitution of the United States 1940-1950 ( Bos- ton, 1953), and Perry Miller's posthumous The Life of the Mind in America ( Boston, 1966). An earlier, somewhat unsystematic effort that occasioned favorable comment is that by William Schofield appearing in Great American Lawyers, Vol. 3 ( Lewis, ed.; Philadelphia, 1907). Three more recent and sub- stantial biographies are: G. F. Dunne, Justice Joseph Story and the Rise of the Supreme Court ( New York, 1970); James McClellan, Joseph Story and the Amer- ican Constitution ( Norman, Okla., 1990); and R. Kent Newmyer, Supreme Court Justice Joseph Story: Statesman of the Old Republic ( Chapel Hill, N.C., 1985). And, of necessity, any book dealing with the Supreme Court or its membership during the first half of the nineteenth century must treat Story in fairly sub- stantial measure. A portrait of Story as legal educator is contained in Charles Warren, History of the Harvard Law School ( Cambridge, Mass., 1908), and Arthur Sutherland , The Law at Harvard ( Cambridge, Mass., 1967). An indication of Story's influence as lawgiver may be seen in the multiple references in S. E. Baldwin, Two Centuries Growth in American Law 1701-1901 ( New York, 1901). In addition, a number of journal articles on Story exist. See, for example, G. Dunne, "Joseph Story: The Germinal Years," 75 Harvard Law Review 707 ( 1962); " Joseph Story: 1812 Overture," 77 Harvard Law Review 240 ( 1963); " Joseph Story: The Great Term," 79 Harvard Law Review 877 ( 1966); R. Pound, "The Place of Judge Story in the Making of American Law," 48 American Law Review 676 ( 1914); and F. Prager, "The Influence of Mr. Justice Story on American Patent Law," 5 American Journal of Legal History 254 ( 1961). -272- |