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¹⁰³ The Centennial History of the Harvard Law School, 81–82; Goebel, A History of the School of Law, Columbia University, 140–141; Stevens, Law School, 56.Google Scholar

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¹⁰⁵ Thayer, James B. to Sophie Thayer, 17 June 1883, in Memoranda Books, v. 6: 4–5, in Thayer Papers.Google Scholar

¹⁰⁶ Thayer, Cases on Evidence, iii. See also Thayer, Cases on Constitutional Law, iv.Google Scholar

¹⁰⁷ These calculations are based on my own review of these casebooks. See Thayer Papers, box 16, fs. 9–10; Thayer, Cases on Constitutional Law, vi. Cf. John C. Gray, Select Cases and Other Authorities on the Law of Property (Cambridge: Charles W. Sever, 1888-1892), 6 vols.Google Scholar

¹⁰⁸ James B. Thayer to Charles W. Sever, 13 Aug. 1892, box 16, file 9, in Thayer Papers. See also box 16, files 9-11; box 17, files 1-2.Google Scholar

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¹¹¹ I am grateful to Douglas Lind for sending me a copy of his valuable essay, “An Economic Analysis of Early Casebook Publishing,” and for generously sharing with me his unpublished data on the publication of casebooks between 1908 and 1915. Reprints of casebooks have been eliminated from Lind's data.Google Scholar

¹¹² Lind, “An Economic Analysis of Early Casebook Publishing,” 105–106.Google Scholar

¹¹³ Financial efficiency has been cited as a reason for the adoption of case method. Robert B. Stevens, “Law Schools and Legal Education, 1879-1979,” 217–219; Stevens, Law School, 63. But it is difficult to see how case method is more cost-effective than large lecture classes. In addition, the “modern law school was obviously expensive. In contrast to the nineteenth-century law department, the expenditures for the faculty and library alone were enormous.” Johnson, Schooled Lawyers, 131.Google Scholar

¹¹⁴ Reed, Training for the Public Profession of the Law, 392, 443. See the schools marked by an asterisk in Table 1.Google Scholar

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¹¹⁹ The popularity of this co-option is demonstrated by the fact that all but one of 33 casebooks published by the West. Publishing Co. in their Hornbook Series from 1912 to 1943 are entitled “Illustrative Cases in…” I am grateful for Douglas Lind for sending me his index of the Hornbook Series.Google Scholar

¹²⁰ Boden, “The Milwaukee Law School: 1892-1928,” 19.Google Scholar

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¹⁴⁸ Samuel F. Mordecai quoted in Bryan W. Bolich, “Duke Law School: The First Hundred Years,” [unpublished typescript, 1968] reprinted as “History of Duke Law School” in Duke Law School Alumni Directory, 1868-1972 (Raleigh: Duke Law School and Duke Law Alumni Association, 1972), xvii. See Valparaiso University, Announcement … Department of Law … 1909-1910, 11; David J. Mays, The Pursuit of Excellence: A History of the University of Richmond Law School (Richmond: University of Richmond, 1970), 31; Redlich, The Common Law and the Case Method, 40. With the inception of case method at HLS, “the presence in the recitation rooms of a considerable proportion of persons whose minds were rude and unformed became at once a serious impediment.” Charles W. Eliot, Annual Report of the President…of Harvard College, 1874-75 (Cambridge: John Wilson, 1876), 25.Google Scholar

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¹⁷² Although I have found no record of medical casebooks being published after 1920, the influence of medical case method persevered through the beginning of the twentieth-first century in the form of the weekly feature of “case records” appearing in New England Journal of Medicine, which superseded Boston Medical and Surgical Journal. Robert E. Scully, “Preface—Weekly Clinico-pathological Exercises Founded by Richard C. Cabot,” New England Journal of Medicine 342 (13 January 2000): 115.Google Scholar

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