I am a big fan of legal history. I spend a fair amount of time lending my meagre talents to the preservation of the legal history of the judges and courts in the Eighth Circuit as Chairman of the Board of The Historical Society of the United States Courts in the Eighth Circuit.
I am especially fond of legal history written by judges especially those who started their careers as federal trial judges. How they find the time to do their legal work and turn out distinguished legal histories is beyond me. So, today, I want to briefly highlight a great judge and a world-class legal historian.
To say that Judge Morris S. Arnold (Buzz), of the United States Court of Appeals for the Eighth Circuit, is brilliant understates the truth. The word “polymath” is a perfect description of the judge. In addition to being a highly regarded legal scholar, the judge is a historian of the first rank.
Like his brother (the late (and much beloved) Richard Arnold who served with Buzz on the Court of Appeals), Arnold attended Phillips Exeter Academy in New Hampshire, graduating in 1959. Thereafter, he received a bachelor of science degree in electrical engineering in 1965 from the University of Arkansas in Fayetteville. He then attended the University of Arkansas School of Law in Fayetteville, having received the LL.B in 1968. He received master of laws (LL.M), and doctor of juridical science (SJD) degrees from Harvard University Law School in Cambridge, Massachusetts, in 1969 and 1971, respectively.
He was a professor at the Indiana University School of Law in Bloomington from 1971-1977. He was then the university vice president and professor at the University of Pennsylvania Law School from 1977–1981, when he returned to Arkansas as a professor at the William H. Bowen School of Law at the University of Arkansas at Little Rock from 1981 to 1984. In 1985, he returned to Indiana as Dean of the law school.
On October 23, 1985, President Ronald W. Reagan nominated Morris Arnold to a new seat as judge of the United States District Court for the Western District of Arkansas, based in Fort Smith, Arkansas. The Senate confirmed his nomination on December 16, and he received his commission on December 17. Arnold left the district court in 1992 to assume a judgeship on the United States Court of Appeals for the Eighth Circuit.*
Judge Arnold is the author of books, articles, book reviews, and speeches, mostly on the subjects of English legal history and colonial Arkansas. His research at archives in Spain and France allowed him to portray a colonial Arkansas previously unknown. His book The Rumble of a Distant Drum: Quapaws and Old World Newcomers, 1673-1804 won the Booker Worthen Literary Prize and J. G. Ragsdale Book Award in Arkansas History. Arkansas: A Narrative History won the Arkansania Award.
In 2001 he was awarded the Porter Literary Prize for his body of work on colonial Arkansas. Most significantly, in 1994 the French government named him a Chevalier de l’Ordre des Palmes Académiques for his work on eighteenth-century Louisiana.
Buzz served as president of the American Society for Legal History and as vice president of the Selden Society (the only learned society and publisher devoted entirely to English legal history). As ASLH president, he helped establish the Law and History Review, which is recognized internationally as the leading journal in the field of legal history. In 2012, at its annual meeting, the ASLH specially recognized Judge Arnold for his extraordinary contributions to the field of legal history.
Not bad for a really nice guy who started his federal judicial career trying cases in Ft. Smith.
*One of my few claims to fame is that my confirmation hearing to be a district judge in 1992 was held on the same day that Buzz’s had his confirmation hearing regarding his nomination to the Court of Appeals. That’s when I first had the opportunity to meet Buzz. I have been in awe ever since.