Collection Summary

Creator: Smith, Edward, S.
Title: The Papers of Judge Edward S. Smith, 1964-1997
Accession: MSS 01-3
Description: 9 boxes; 3.75 linear feet
Photograph Collection: View 0 digitized photographs
Digitized Content: 0 objects

Collection Description & Arrangement

This collection was donated to the Law School Archives in August of 2001 and it is organized in four parts:

1. Service on the United States Court of Claims
2. Creation of the United States Courts of Appeals for the Federal Circuit
3. Federal Circuit Administration
4. Personal Papers


The collection reflects the administrative process that took place "to restructure a portion of the intermediate appellate tier". Judge Smith was appointed Judge of the Court of Claims in 1979. There were to many appeals and very few judges and it was a necessity to allow the reorganization. In 1978-1979, Daniel J. Meador Assistant Attorney General sent a proposal for restructuring the court system. This set of papers called the Meador Report began the process that concluded with the Federal Courts Improvement Act of 1979 and launched the necessary legislation to establish the United States Court of Appeals for the Federal Circuit. There are proposals, commentaries, discussions, hearings, statements, memoranda between judges. This collection can be an excellent source of information on how the courts work internally.

Biographical & Historical Information

Edward S. Smith was born in Birmingham, Alabama the 27 of March of 1919. He studied at the University of Virginia from where he received his B.A. in 1941 and LL.B /J.D. in 1947. He also studied at the Alabama Polytechnic Institute (now Auburn University) from 1936-1938 and received a major in Mechanical Engineering. In September of 1941 he entered active duty as Apprentice Seaman. He participated in the initial amphibious attacks in North Africa, Sicily, Normandy, Southern France and Okinawa. In 1944 he was Gunnery Officer of the U. S. S. Susan B. Anthony (AP-72) that was sunk off Normandy the 7 of June. Later he was First Lieutenant and Damage Control Officer, Executive Officer of U.S.S. Arcturus (AKA-1). He was released from the military on February of 1946 as a Lieutenant. He was active for 15 years in the Postwar Naval Reserve, in units concerned with industrial mobilization and armed services procurement contracts. He was member of the Naval Reserve Material Companies 5-2 and 5-3, 5th Naval District. He retired July 1st, 1968.

From 1947 to 1961 he was an associate and partner with the firm of Blair, Korner, Doyle, Worth and Crampton (this firm changed names). From 1961 he worked in the Tax Division of the U. S. Department of Justice as Chief of the Trial Section. There, he reorganized and administered several sections of the Tax Division and supervised civil refund litigation in all U. S. District Courts and the U. S. Courts of Claims. In 1962 and 1963 he served as deputy assistant attorney general for civil rights. From 1963 to 1977 he was partner in the law firm of Piper & Marbury Attorneys, in the city of Baltimore, where he was the head of the Tax and Estates Department. In 1978 was appointed to the U. S. Courts of Claims as an associate judge. From 1982-1989 he was judge of the U. S. Court of Appeals for the Federal Circuit; in 1989 he became senior circuit judge, and moved to Alabama where he continued to work until his death.

Judge Smith was member of the ABA; the Bar Association of the city of Baltimore; Baltimore Association of Tax Counsel; National Tax Association; Tax Institute of America; Federal Bar Association; District of Columbia Bar (1948, Tax Division); Virginia State Bar (1947); Bar Association of the District of Columbia (member of the Committee on U. S. Courts of Claims); and permanent member of the Judicial Conference of the Fourth Circuit. He was member of the Democratic Party. He taught as adjunct faculty at the University of Samford Law School and at the University of Alabama in Tuscaloosa.

Judge Edward S. Smith died March 22, 2001 in Birmingham, Alabama.

Acquisition Information

Date Received 2001
Donor Information This collection of 9 boxes was donated to the Law Library by Judge Smith's children, Edward and Innes, in August 2001.

Content List

Box 1:

  • [Court Administration] Rules. [Memoranda between Judges, Notes] 1978-1980
  • [Court Appointment File]. Correspondence, Letters of Recommendation 1977-1978
  • [Court of Claims Appointment] Correspondence and personal notes 1977-1978 [2 folders]
  • Court of Claims Building 1965-1969, 1979, 1988
  • Indian Cases [Attorneys Fees] 1978-1979

Box 2:

  • Report re Court of Claims by Management Review Division. Administrative Office 1981
  • Spector-Goddard Controversy 1981
  • Trial Judge George Willi Case 1976-1980, 1982
  • Meador Report [A proposal to improve the Federal Appellate System] 1978, July
  • Meador Report - S. 677 and S. 678. [ Early Proposals for new United States Court of Appeals for the Federal Circuit and Correspondence] 1978-1979 [5 folders]

Box 3:

  • Meador Report - S. 677 and S. 678. [ Early Proposals for new United States Court of Appeals for the Federal Circuit and Correspondence] 1978-1979 [5 folders]
  • Meador Report [Statements of Donald C. Alexander, Mortimer Caplin, Howard T. Markey, Stuart E. Siegel, Daniel M. Friedman] 1979, May
  • Meador Report Publicity 1978-1979
  • S. 677 Judicial Improvement Act of 1979 1979, March 15
  • S. 678 Federal Courts Improvement Act of 1979 1979, March 15
  • [S. 1477 - Federal Courts Improvement Act of 1979. Memoranda between Judges] 1979 [3 folders]

Box 4:

  • [S. 1477 - Federal Courts Improvement Act of 1979. Memoranda between Judges] 1979 [3 folders]
  • [S.1691 To provide Improvements in the Structure and Administration of the Federal Tax Courts...] 1979, Aug.
  • [H. R. 3806 - Court of Appeals for the Federal Circuit Act of 1980] 1980, Feb. - Apr. [3 folders]
  • [S. 21 & H. R. 2405: Memoranda, Testimonies] 1980, Dec. 1981, March [2 folders]

Box 5:

  • [S. 21 & H. R. 2405: Memoranda, Testimonies] 1980, Dec. 1981, March [2 folders]
  • Legislation re Federal Courts (Miscellaneous) 1977-1978, 1981, 1988-1991
  • [Copies of Statutory Materials Related to the Court of Appeals for the Federal Circuit] 1982 [3 folders]

Box 6:

  • Grassley Survey (for Senate Judicial Committee) on Court Workload 1996-1997 [2 folders]
  • [Internal Rules and Procedures Discussed by Judges] 1981-1982
  • Judicial Conference Committee on the Judicial Branch 1980-1986
  • Memoranda re Miscellaneous Cases from Judge Smith 1980-1989

Box 7:

  • [Miscellaneous Court Administration Matters] 1976-1984, 1990 [2 folders]
  • Seminar for Newly Appointed Federal Appellate Judges 1982
  • U. S. Courts of Appeals for the Federal Circuit Rules 1981-1982 [2 folders]
  • U. S. Courts of Appeals for the Federal Circuit Tenth Anniversary Program 1992, Oct. 1
  • "State of the Court" Summer Letters 1983-1987

Box 8:

  • "White Commission" or Commission on Structural Alternatives for the Federal Court of Appeals 1989 [4 folders]

Box 9:

  • [Court Claims Appointment]; Personnel File: Resume and Published Articles, etc. 1977
  • Judge Smith. Information re Appointment. 1978-1985
  • Smith Speeches 1979-1988
  • [Class Notes?, Working Materials? Probably related to Judge Smith and Scott P. Crampton] 1964-1969

Correspondence List:

  • Richard H. Appert, Esq.
    New York, New York
  • S. Eason Balch, Esq.
    Birmingham, Alabama
  • S. Eason Balch, Esq.
    Birmingham, Alabama
  • John S. Battle
    Richmond, Virginia
  • William C. Battle
    President of Field Crest Mills, Inc.
    Eden, N. C.
  • Alexis I. du Pont Bayard, Esq.
    Wilmington, Delaware
  • Senator Birch Bayh
    Washington, D. C.
  • George Beall, Esq.
    Baltimore, Maryland
  • Giora Ben-Horin, Esq.
    Phoenix, Arizona
  • Edward B. Benjamin, Jr., Esq.
    New Orleans, Louisiana
  • Senator Joseph R. Biden, Jr.
    Washington, D. C.
  • John M. Bray, Esq.
    Washington, D. C.
  • Mortimer Caplin, Esq.
    Washington, D. C.
  • Gene A. Castleberry, Esq.
    Oklahoma City, Oklahoma
  • Calvin H. Cobb, Esq.
    Washington, D. C.
  • Sheldon S. Cohen, Esq.
    Washington, D. C.
  • Scott P. Crampton, Esq.
    Washington, D. C.
  • Barbara B. Creed, Esq.
    San Francisco, California
  • Eugene G. Eason, Esq.
    C/o Steptoe & Johnson
    Clarksburg, West Virginia
  • E. Charles Eichenbaum, Esq.
    Little Rock, Arkansas
  • H. Vernon Eney, Esq.
    Baltimore, Maryland
  • Hon. M. Carr Ferguson
    Tax Division, U. S. Dept of Justice
    Washington, D. C.
  • Marvin Joseph Garbis, Esq.
    Baltimore, Maryland
  • Charles W. Hall
    Houston, Texas
  • John H. Hall, Esq.
    Los Angeles, California
  • Don V. Harris, Esq.
    Washington, D. C.
  • Isaac Hecht, Esq.
    Baltimore, Maryland
  • F. Cleveland Hedrick, Jr.
    Washington, D. C.
  • Lee H. Henkel, Jr., Esq.
    Atlanta, Georgia
  • Vester T. Hughes, Jr. Esq.
    Dallas, Texas
  • Henry C. Ikenberry, Esq.
    Washington, D. C.
  • Hon. Philip C. Jackson, Jr.
    Washington, D. C.
  • Julian I. Jacobs, Esq.
    Baltimore, Maryland
  • Bruce H. Johnson, Esq.
    Oklahoma City, Oklahoma
  • John B. Jones, Esq.
    Washington, D. C.
  • Senator. Edward M. Kennedy
    Washington, D. C.
  • William L. Kinzer, Esq.
    Atlanta, Georgia
  • Jules G. Korner, III
    Washington, D. C.
  • Hover T. Lenz, Esq.
    Denver, Colorado
  • Warren V. Ludlam, Esq.
    Jackson, Mississippi
  • Charles C. MacLean, Esq.
    New York, New York
  • William D. McLean, Esq.
    Rockville, Maryland
  • Senator Charles Mc C. Mathias, Jr.
    Washington, D. C.
  • Donald L. McCaskey, Esq.
    Pittsburgh, Pennsylvania
  • Robert P. Mittelman, Esq.
    Baltimore, Maryland
  • Stanley C. Morris, Jr.
    Washington, D. C.
  • Senator Sam Nunn
    Washington, D. C.
  • Hon. Louis F. Oberdorfer
    McLean, Virginia
  • John S. Pennell, Esq.
    Chicago, Ill.
  • John T. Piper
    Bogle & Gates
    Seattle, Washington
  • Lester M. Ponder, Esq.
    Indianapolis, Indiana
  • C. Frank Reifsnyder, Esq.
    Washington, D. C.
  • Mitchell Rogovin, Esq.
    Washington, D. C.
  • Alan F. Rothschild, Esq.
    Columbus, Georgia
  • Michael C. Russ, Esq.
    Atlanta, Georgia
  • Frank P. Samford, Jr., Esq.
    Birmingham, Alabama
  • Hon. Barefoot Sanders, Jr., Esq.
    Dallas, Texas
  • Jacques T. Schlenger, Esq.
    Baltimore, Maryland
  • Esward J. Schmuck, Esq.
    Washington, D. C.
  • Bernard G. Segal, Esq.
    Philadelphia, Pennsylvania
  • Sargent Shriver, Esq.
    Washington, D. C.
  • Sherwin P. Simmons, Esq.
    Trebam, Simmons, Kemper, Scharf, Barkin, Frye & O'Neill
    Tampa, Florida
  • George A. Smathers, Esq.
    Washington, D. C.
  • Gary P. Smith, Esq.
    Birmingham, Alabama
  • Senator John Sparkman
    Washington, D. C.
  • Hart H. Spiegel, Esq.
    San Francisco, California
  • Norman A. Sugarman, Esq.
    Washington, D. C.
  • William A. Sutherland, Esq.
    Sutherland, Asbill & Brennan
    Washington, D. C.
  • Senator Herman E. Talmadge
    Washington, D. C.
  • S. Shepherd Tate, Esq.
    Memphis, Tennessee
  • Joseph D. Tydings, Esq.
    Washington, D. C.
  • William Waller, Esq.
    Nashville, Tennessee
  • Johnie M. Walters, Esq.
    Washington, D. C.
  • Meade Whitaker, Esq.
    Washington, D. C.
  • W. Bew White, Jr., Esq.
    Birmingham, Alabama
  • Stanley H. Wilen, Esq.
    Baltimore, Maryland
  • Glen A. Wilkinson, Esq.
    Washington, D. C.
  • Elliott T. Williams, Esq.
    Birmingham, Alabama
  • Andrew B. Young, Esq.
    Philadelphia, Pennsylvania

Associated People

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