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{{Short description|American legal scholar (1884–1951)}}
'''Edwin Montifiore Borchard''' (October 17, 1884 – July 22, 1951) was an international legal scholar, jurist, and [[Sterling Professor]] at the [[Yale Law School]]. He was a leading advocate of innocence reform and compensation for victims of [[wrongful conviction]].
{{Infobox scholar
| name = Edwin Borchard
| image = Edwin Borchard 1937.jpg
| imagesize =
| alt =
| caption = Borchard at the [[Senate Judiciary Committee]], 1937
| birth_name = Edwin Montefiore Borchard
| birth_date = {{birth date |1884|10|17}}
⚫
| birth_place = [[New York, New York]], U.S.
| death_date = {{death date and age |1951|07|22|1884|10|17}}
| death_place = [[Hamden, Connecticut]], U.S.
| death_cause =
| residence =
| era =
| region =
| workplaces = [[Law Library of Congress]]<br/>[[Yale University]]
| thesis_title = The Diplomatic Protection of Citizens Abroad, or The Law of International Claims
| thesis_url =
| thesis_year =
| doctoral_advisor =
| doctoral_students =
| notable_students =
| school_tradition =
| main_interests = International law
| principal_ideas = Wrongful conviction compensation; declaratory judgments
| major_works = ''Convicting the Innocent''<br/>''Declaratory Judgments''
| awards =
| influences =
| influenced =
| website =
| footnotes =
| education = [[City College of New York|College of the City of New York]]<br />[[New York Law School]] ([[LL.B.|LLB]])<br/>[[Columbia University]] ([[Bachelor of Arts|BA]], [[PhD]])
⚫
}}

'''Edwin Montefiore Borchard''' (October 17, 1884 &ndash; July 22, 1951) was an American international legal scholar, jurist, and [[Sterling Professor]] at the [[Yale Law School]].<ref name=":0">{{Cite journal |last=Briggs |first=Herbert W. |date=1951 |title=In Memoriam: Edwin M. Borchard, 1884-1951 |url=https://www.cambridge.org/core/journals/american-journal-of-international-law/article/in-memoriam-edwin-m-borchard-18841951/EFA0E14A2F8EAFA696654E1ACDCD547F |journal=American Journal of International Law |language=en |volume=45 |issue=4 |pages=708–709 |doi=10.2307/2194251 |issn=0002-9300}}</ref> He was a leading advocate of innocence reform and compensation for victims of [[wrongful conviction]] as well as the use of [[declaratory judgment]]s. His work in international law emphasized non-intervention and neutrality.


==Education==
==Education==
Borchard was born in 1884 in New York City. He attended the College of the City of New York from 1898 to 1902. He graduated with an LL.B. from [[New York Law School]] in 1905, a B.A. from [[Columbia University]] in 1908, and a Ph.D, from Columbia in 1913, writing a thesis entitled ''The Diplomatic Protection of Citizens Abroad''.<ref name="MSSA"/>
Borchard was born in 1884 in New York City to Michaelis Borchard, an import-export businessman, and Malwina Schachne.<ref name="Mayer">{{cite web |last=Mayer |first=Michael S. |title=Borchard, Edwin Montefiore |website=American National Biography Online |date=February 2000 |url=http://www.anb.org/articles/11/11-00081.html |access-date=17 March 2015}}</ref> He attended the College of the City of New York from 1898 to 1902. He graduated with an LL.B. from [[New York Law School]] in 1905, a B.A. from [[Columbia University]] in 1908, and a PhD, from Columbia in 1913, writing a thesis entitled ''The Diplomatic Protection of Citizens Abroad''.<ref name="MSSA"/>


==Career==
==Career==
He served as the Law Librarian in the [[Law Library of Congress]] from 1911 to 1916.<ref name="MSSA">{{cite web |url=http://hdl.handle.net/10079/fa/mssa.ms.0670 |title=Guide to the Edwin Montefiore Borchard Papers |number=MS 670 |website=Manuscripts & Archives |publisher=Yale University Library |accessdate=17 March 2015}}</ref> Beginning in 1917, he studied and practiced law at the [[Yale Law School]] for 34 years and was appointed Sterling Professor of International Law. He highlighted cases of [[wrongly convicted]] people in the US and advocated for their right to compensation in ''Convicting the Innocent''. His work led to the passage of a federal law compensating victims of wrongful conviction in federal courts.<ref name="Zalman">{{cite book |last=Zalman |first=Marvin |chapter=Edwin Borchard and the Limits of Innocence Reform |title=Wrongful Convictions and Miscarriages of Justice: Causes and Remedies in North American and European Criminal Justice Systems |editorlast1=Huff |editorfirst1=C. Ronald |editorlast2= Killias |editorfirst2=Martin |pages=329–356 |publisher=Routledge |year=2013}}</ref> He later served as a representative of the [[American Civil Liberties Union]] (ACLU) during the 1944 ''[[Korematsu v. United States]]'' [[Supreme Court of the United States|Supreme Court]] case.<ref name="Zalman"/>
Borchard served as the Law Librarian in the [[Law Library of Congress]] from 1911 to 1916.<ref name="Mayer"/><ref name="MSSA">{{cite web |title=Guide to the Edwin Montefiore Borchard Papers |id=MS 670 |website=Yale University Library |hdl=10079/fa/mssa.ms.0670 |url = https://hdl.handle.net/10079/fa/mssa.ms.0670}}</ref> After a year working as an attorney for the [[National City Bank of New York]], he accepted a position at the [[Yale Law School]] in 1917, where he was eventually appointed Sterling Professor of International Law and remained until his death.<ref name=":0" /> He highlighted cases of [[wrongly convicted]] people in the US and advocated for their right to compensation in ''Convicting the Innocent''. His work led to the passage of a federal law compensating victims of wrongful conviction in federal courts.<ref name="Zalman">{{cite book |last=Zalman |first=Marvin |chapter=Edwin Borchard and the Limits of Innocence Reform |title=Wrongful Convictions and Miscarriages of Justice: Causes and Remedies in North American and European Criminal Justice Systems |editor-last1=Huff |editor-first1=C. Ronald |editor-last2= Killias |editor-first2=Martin |pages=329–356 |publisher=Routledge |year=2013}}</ref> He later served as a representative of the [[American Civil Liberties Union]] (ACLU) during the 1944 ''[[Korematsu v. United States]]'' [[Supreme Court of the United States|Supreme Court]] case.<ref name="Zalman"/>


Borchard's scholarship and public advocacy was very influential in stimulating the adoption of the [[declaratory judgment]] procedure in American courts in the 1920s and 1930s, a subject on which he also wrote a book, ''Declaratory Judgments.''<ref name="Clark">{{cite journal |url=http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=4217&context=fss_papers |first=Charles E. |last=Clark |authorlink=Charles Edward Clark |title=Edwin Borchard |volume=60 |journal=Yale Law Journal |year=1951 |pages=1071–72}}</ref>
Borchard's scholarship and public advocacy was very influential in stimulating the adoption of the [[declaratory judgment]] procedure in American courts in the 1920s and 1930s, a subject on which he also wrote a book, ''Declaratory Judgments.''<ref name="Clark">{{cite journal |url=http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=4217&context=fss_papers |first=Charles E. |last=Clark |author-link=Charles Edward Clark |title=Edwin Borchard |volume=60 |journal=Yale Law Journal |year=1951 |pages=1071–72}}</ref>


Borchard's other interests included music. He was first violinist in the [[New Haven Symphony Orchestra]] and president of the Orchestra Association.<ref name="Clark"/>
Borchard's other interests included music. He was first violinist in the [[New Haven Symphony Orchestra]] and president of the Orchestra Association.<ref name="Clark"/>


== Family ==
== Family ==
Borchard and his wife Corinne had two daughters, Carol Borchard Sopkin (married to George Sopkin, professor of music at the University of Wisconsin at Milwaukee and cellist of the Fine Arts Quartet in the 1960s and 1970s) and Alice Borchard Couch.
Borchard and his wife Corinne had two daughters, Carol Borchard Sopkin (married to [[George Sopkin]], professor of music at the [[University of Wisconsin–Milwaukee]] and cellist of the [[Fine Arts Quartet]]) and Alice Borchard Couch).


==Bibliography==
==Bibliography==
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*——. (1912). ''Guide to the Law and Legal Literature of Germany''. [[U.S. Government Printing Office]]
*——. (1912). ''Guide to the Law and Legal Literature of Germany''. [[U.S. Government Printing Office]]
*——. (1913). ''The Bibliography of International Law and Continental Law''. Government Printing Office
*——. (1913). ''The Bibliography of International Law and Continental Law''. Government Printing Office
*——. (1917). ''Guide to the Law and Legal Literature of Argentina, Brazil and Chile''. Government Printing Office
*——. (1917). ''Guide to the Law and Legal Literature of Argentina, Brazil and Chile''. Government Printing Office


==References==
==References==
{{reflist|30em}}
{{reflist|30em}}


{{Authority control|VIAF=9916221}}
{{Authority control}}

{{Persondata <!-- Metadata: see [[Wikipedia:Persondata]]. -->
| NAME = Borchard, Edwin
| ALTERNATIVE NAMES =
| SHORT DESCRIPTION = American law figure
| DATE OF BIRTH = October 17, 1884
⚫
| PLACE OF BIRTH = New York, New York
| DATE OF DEATH = July 22, 1951
| PLACE OF DEATH =
⚫
}}
{{DEFAULTSORT:Borchard, Edwin}}
{{DEFAULTSORT:Borchard, Edwin}}
[[Category:1884 births]]
[[Category:1884 births]]
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[[Category:Yale Law School faculty]]
[[Category:Yale Law School faculty]]
[[Category:Yale Sterling Professors]]
[[Category:Yale Sterling Professors]]
[[Category:Law librarians]]

[[Category:Columbia College (New York) alumni]]

[[Category:New York Law School alumni]]
{{US-law-bio-stub}}
[[Category:Lawyers from New York City]]

Latest revision as of 03:15, 30 May 2024

Edwin Borchard
Borchard at the Senate Judiciary Committee, 1937
Born
Edwin Montefiore Borchard

(1884-10-17)October 17, 1884
New York, New York, U.S.
DiedJuly 22, 1951(1951-07-22) (aged 66)
Hamden, Connecticut, U.S.
Academic background
EducationCollege of the City of New York
New York Law School (LLB)
Columbia University (BA, PhD)
ThesisThe Diplomatic Protection of Citizens Abroad, or The Law of International Claims
Academic work
InstitutionsLaw Library of Congress
Yale University
Main interestsInternational law
Notable worksConvicting the Innocent
Declaratory Judgments
Notable ideasWrongful conviction compensation; declaratory judgments

Edwin Montefiore Borchard (October 17, 1884 – July 22, 1951) was an American international legal scholar, jurist, and Sterling Professor at the Yale Law School.[1] He was a leading advocate of innocence reform and compensation for victims of wrongful conviction as well as the use of declaratory judgments. His work in international law emphasized non-intervention and neutrality.

Education[edit]

Borchard was born in 1884 in New York City to Michaelis Borchard, an import-export businessman, and Malwina Schachne.[2] He attended the College of the City of New York from 1898 to 1902. He graduated with an LL.B. from New York Law School in 1905, a B.A. from Columbia University in 1908, and a PhD, from Columbia in 1913, writing a thesis entitled The Diplomatic Protection of Citizens Abroad.[3]

Career[edit]

Borchard served as the Law Librarian in the Law Library of Congress from 1911 to 1916.[2][3] After a year working as an attorney for the National City Bank of New York, he accepted a position at the Yale Law School in 1917, where he was eventually appointed Sterling Professor of International Law and remained until his death.[1] He highlighted cases of wrongly convicted people in the US and advocated for their right to compensation in Convicting the Innocent. His work led to the passage of a federal law compensating victims of wrongful conviction in federal courts.[4] He later served as a representative of the American Civil Liberties Union (ACLU) during the 1944 Korematsu v. United States Supreme Court case.[4]

Borchard's scholarship and public advocacy was very influential in stimulating the adoption of the declaratory judgment procedure in American courts in the 1920s and 1930s, a subject on which he also wrote a book, Declaratory Judgments.[5]

Borchard's other interests included music. He was first violinist in the New Haven Symphony Orchestra and president of the Orchestra Association.[5]

Family[edit]

Borchard and his wife Corinne had two daughters, Carol Borchard Sopkin (married to George Sopkin, professor of music at the University of Wisconsin–Milwaukee and cellist of the Fine Arts Quartet) and Alice Borchard Couch).

Bibliography[edit]

Dissertation[edit]

  • Borchard, Edwin. (1915). The Diplomatic Protection of Citizens Abroad, or The Law of International Claims

Books[edit]

  • ——. (1923). The Permanent Court of International Justice
  • ——. (1932). Convicting the Innocent: Sixty-Five Actual Errors of Criminal Justice
  • ——; Lage, William Potter. (1937). Neutrality for the United States
  • ——. (1941). Declaratory Judgments
  • ——. (1946). American Foreign Policy
  • ——; Wynne, William H. (1951). State Insolvency and Foreign Bondholders

Papers[edit]

  • ——. (1913). European Systems Of State Indemnity For Errors of Criminal Justice

Reference works[edit]

  • ——. (1912). Guide to the Law and Legal Literature of Germany. U.S. Government Printing Office
  • ——. (1913). The Bibliography of International Law and Continental Law. Government Printing Office
  • ——. (1917). Guide to the Law and Legal Literature of Argentina, Brazil and Chile. Government Printing Office

References[edit]

  1. ^ a b Briggs, Herbert W. (1951). "In Memoriam: Edwin M. Borchard, 1884-1951". American Journal of International Law. 45 (4): 708–709. doi:10.2307/2194251. ISSN 0002-9300.
  2. ^ a b Mayer, Michael S. (February 2000). "Borchard, Edwin Montefiore". American National Biography Online. Retrieved 17 March 2015.
  3. ^ a b "Guide to the Edwin Montefiore Borchard Papers". Yale University Library. hdl:10079/fa/mssa.ms.0670. MS 670.
  4. ^ a b Zalman, Marvin (2013). "Edwin Borchard and the Limits of Innocence Reform". In Huff, C. Ronald; Killias, Martin (eds.). Wrongful Convictions and Miscarriages of Justice: Causes and Remedies in North American and European Criminal Justice Systems. Routledge. pp. 329–356.
  5. ^ a b Clark, Charles E. (1951). "Edwin Borchard". Yale Law Journal. 60: 1071–72.
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