The Prosser Letters: Scholar as Dean
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Christopher J. Robinette
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Kyle Graham
Abstract
Examining a previously unexplored trove of letters, this article sheds new light on the thinking and work of William L. Prosser, the past century’s leading torts scholar. In these letters to family written while dean of the University of California, Berkeley School of Law, Prosser candidly describes his approach to scholarship; the development of his casebook, the second edition of Prosser on Torts, and some of his most well-known and influential articles. Moreover, Prosser provides his often-cynical impressions of the legal process; his views of his peers at Berkeley and at other institutions; and his work as dean. The letters also demonstrate some of Prosser’s limitations, including his craving for attention, a sometimes petty personality, and racial and ethnic biases. In all, the letters capture a scholar at the zenith of professional accomplishment in his field, who nevertheless showed signs of the insecurity that would later trigger his resignation from the Berkeley deanship and retreat from the forefront of torts scholarship.
Acknowledgements
We are grateful to Ken Abraham, John Goldberg, Kathryn Kelly, Sheila Scheuerman, Steve Sugarman, and Ted White for comments on an earlier draft. We thank Alexander Beale for his excellent research assistance. I played no role in the selection of this article for publication.
Appendix: Time Line of Major Events 1948–1972
- 1948
Begins deanship at UC Berkeley Law
- 1952
Publishes Cases and Materials on Torts
- 1953
Delivers Cooley Lectures at Michigan Law (5 lectures published as a book in 1954)
- 1955
Appointed Reporter of the Restatement (Second) of Torts; Publishes 2nd edition of “Prosser on Torts”
- 1957
Publishes 2nd edition of Cases and Materials on Torts
- 1960
Publishes influential articles on products liability and privacy
- 1961
Resigns deanship
- 1962
Publishes 3rd edition of Cases and Materials on Torts
- 1963
Becomes a faculty member at UC Hastings Law
- 1964
Publishes 3rd edition of “Prosser on Torts”
- 1965
First volumes of the Restatement (Second) of Torts are published
- 1967
Publishes 4th edition of Cases and Materials on Torts
- 1970
Resigns as Reporter of the Restatement (Second) of Torts
- 1971
Publishes 5th edition of Cases and Materials on Torts
- 1972
Publishes 4th edition of “Prosser on Torts”; Dies on May 21
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