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Edwin Montefiore Borchard (October 17, 1884 – July 22, 1951) was an American international legal scholar, jurist, and
Sterling Professor Sterling Professor, the highest academic rank at Yale University, is awarded to a tenured faculty member considered the best in his or her field. It is akin to the rank of university professor at other universities. The appointment, made by the ...
at the
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U ...
. He was a leading advocate of innocence reform and compensation for victims of
wrongful conviction A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Inno ...
as well as the use of
declaratory judgment A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal mat ...
s. His work in international law emphasized non-intervention and neutrality.


Education

Borchard was born in 1884 in New York City to Michaelis Borchard, an import-export businessman, and Malwina Schachne. 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 New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. NYLS's faculty includes 54 full-time and 59 adjunct professors. Notable faculty members include E ...
in 1905, a B.A. from
Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
in 1908, and a PhD, from Columbia in 1913, writing a thesis entitled ''The Diplomatic Protection of Citizens Abroad''.


Career

Borchard served as the Law Librarian in the
Law Library of Congress The Law Library of Congress is the law library of the United States Congress. The Law Library of Congress holds the single most comprehensive and authoritative collection of domestic, foreign, and international legal materials in the world. Est ...
from 1911 to 1916. After a year working as an attorney for the
National City Bank of New York Citibank, N. A. (N. A. stands for " National Association") is the primary U.S. banking subsidiary of financial services multinational Citigroup. Citibank was founded in 1812 as the City Bank of New York, and later became First National City ...
, he accepted a position at the
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U ...
in 1917, where he was eventually appointed Sterling Professor of International Law and remained until his death. He highlighted cases of
wrongly convicted A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Inno ...
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. He later served as a representative of the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(ACLU) during the 1944 ''
Korematsu v. United States ''Korematsu v. United States'', 323 U.S. 214 (1944), was a landmark decision by the Supreme Court of the United States to uphold the exclusion of Japanese Americans from the West Coast Military Area during World War II. The decision has been wid ...
''
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
case. Borchard's scholarship and public advocacy was very influential in stimulating the adoption of the
declaratory judgment A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal mat ...
procedure in American courts in the 1920s and 1930s, a subject on which he also wrote a book, ''Declaratory Judgments.'' Borchard's other interests included music. He was first violinist in the
New Haven Symphony Orchestra The New Haven Symphony Orchestra is an American symphony orchestra based in New Haven, Connecticut. The New Haven Symphony Orchestra gave its first concert in 1895 and is the fourth oldest orchestra in the United States. Today, the orchestra is ...
and president of the Orchestra Association.


Family

Borchard and his wife Corinne had two daughters, Carol Borchard Sopkin (married to
George Sopkin George Sopkin (April 3, 1914 – October 28, 2008) was an American cellist who was a founding member of the Fine Arts Quartet and faculty member at Kneisel Hall School of Chamber Music in Blue Hill, Maine. Born and raised in Chicago, Sopkin was a ...
, professor of music at the
University of Wisconsin–Milwaukee The University of Wisconsin–Milwaukee (UW–Milwaukee, UWM, or Milwaukee) is a public urban research university in Milwaukee, Wisconsin. It is the largest university in the Milwaukee metropolitan area and a member of the University of Wiscons ...
and cellist of the
Fine Arts Quartet The Fine Arts Quartet is a chamber music ensemble founded in Chicago, United States in 1946 by Leonard Sorkin and George Sopkin. The Quartet has recorded over 200 works and has toured internationally for 77 years, making it one of the longest en ...
) and Alice Borchard Couch).


Bibliography


Dissertation

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


Books

*——. (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

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


Reference works

*——. (1912). ''Guide to the Law and Legal Literature of Germany''.
U.S. Government Printing Office The United States Government Publishing Office (USGPO or GPO; formerly the United States Government Printing Office) is an agency of the legislative branch of the United States Federal government. The office produces and distributes information ...
*——. (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

{{DEFAULTSORT:Borchard, Edwin 1884 births 1951 deaths Yale Law School faculty Yale Sterling Professors Law librarians Columbia College (New York) alumni New York Law School alumni