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T, Thayer, James Bradley

Edited By: Kermit L. Hall, James W. Ely Jr., Joel B. Grossman

From: The Oxford Companion to the Supreme Court of the United States (2nd Edition)

Edited By: Kermit L. Hall

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: null; date: 20 September 2020

Thayer, James Bradley

(b. Haverhill, Mass., 15 Jan. 1831; d. Cambridge, Mass., 14 Feb. 1902), scholarly authority on constitutional law. After nearly two decades of successful legal practice in Boston, Thayer became a member of the faculty of law at Harvard and one of a quadrumvirate there (the others being Christopher C. Langdell, James Barr Ames, and John Chipman Gray), who created the modern system of legal education known generally as the “case method.” Thayer was an authority on the law of evidence and on constitutional law. He is best remembered for his call for *judicial self-restraint in “The Origin and Scope of the American Doctrine of Constitutional Law,” published in the Harvard Law Review 7 (1893), which was one of the first scholarly reconsiderations of *judicial review.

William M. Wiecek