Thurman Arnold
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Thurman Wesley Arnold (June 2, 1891 – November 7, 1969) was an American
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
best known for his
trust-busting Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust ...
campaign as Assistant Attorney General in charge of the
Antitrust Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
Division in President
Franklin D. Roosevelt Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...
's Department of Justice from 1938 to 1943. He later served as a
Judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
on the United States Court of Appeals for the District of Columbia. Before coming to Washington in 1938, Arnold was the mayor of Laramie,
Wyoming Wyoming ( ) is a landlocked U.S. state, state in the Mountain states, Mountain West subregion of the Western United States, Western United States. It borders Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho t ...
and a professor at
Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
, where he took part in the legal realism movement and published two books: ''The Symbols of Government'' (1935) and ''The Folklore of Capitalism'' (1937). He also published ''The Bottlenecks of Business'' (1940).


Early life and education

Thurman was born in the frontier ranch town of Laramie,
Wyoming Wyoming ( ) is a landlocked U.S. state, state in the Mountain states, Mountain West subregion of the Western United States, Western United States. It borders Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho t ...
, which grew to be a small city and the location of the
University of Wyoming The University of Wyoming (UW) is a Public university, public land-grant university, land-grant research university in Laramie, Wyoming, United States. It was founded in March 1886, four years before the territory was admitted as the 44th state, ...
. He was the son of Annie (Brockway) and Constantine Peter Arnold. He began his university studies at Wabash College, but transferred to
Princeton University Princeton University is a private university, private Ivy League research university in Princeton, New Jersey, United States. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial ...
, earning his
Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
degree in 1911. He earned his
Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
from
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
in 1914.


Early career

Arnold served in
World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
, rising to the rank of
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in the
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(Field Artillery) and worked briefly in
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,
Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...
before returning to Laramie, where he was a member of the
Wyoming House of Representatives The Wyoming House of Representatives is the lower house of the Wyoming Legislature, Wyoming State Legislature. There are 62 Representatives in the House, representing an equal number of single-member constituent districts across the Wyoming, st ...
in 1921 and then
mayor In many countries, a mayor is the highest-ranking official in a Municipal corporation, municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilitie ...
from 1923 to 1924. He developed a reputation as a maverick lawyer. He was a Lecturer at the
University of Wyoming The University of Wyoming (UW) is a Public university, public land-grant university, land-grant research university in Laramie, Wyoming, United States. It was founded in March 1886, four years before the territory was admitted as the 44th state, ...
from 1921 to 1926. He was Dean of the West Virginia University College of Law from 1927 to 1930. He was a visiting professor at
Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
from 1930 to 1931, and then professor of law at the same institution from 1931 to 1938.


Federal government

Arnold was a special assistant to the general counsel of the
Agricultural Adjustment Administration The Agricultural Adjustment Act (AAA) was a United States federal law of the New Deal era designed to boost agricultural prices by reducing surpluses. The government bought livestock for slaughter and paid farmers subsidies not to plant on part ...
in 1933. He was an Assistant Attorney General of the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
from 1938 to 1943. As chief competition lawyer for the
United States Government The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct ...
, Arnold launched numerous studies to support the
antitrust Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
efforts in the late 1930s. He targeted the
American Medical Association The American Medical Association (AMA) is an American professional association and lobbying group of physicians and medical students. This medical association was founded in 1847 and is headquartered in Chicago, Illinois. Membership was 271,660 ...
in their anti-competitive efforts against health plans. The Roosevelt administration later de-emphasized antitrust enforcement, for the stated purpose of allowing corporations to concentrate on contributing to victory in
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
.


Federal judicial service

Arnold was nominated by President
Franklin D. Roosevelt Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...
on February 11, 1943, to an Associate Justice seat on the United States Court of Appeals for the District of Columbia (now the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...
) vacated by Associate Justice Wiley Blount Rutledge. He was "kicked upstairs" by President Roosevelt to the Court of Appeals to get him out of the Antitrust Division. He was confirmed by the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on March 9, 1943, and received his commission on March 11, 1943. His service terminated on July 9, 1945, due to his resignation.


Court of Appeals tenure

Although the District of Columbia Court of Appeals had some responsibility for review of decisions by federal administrative agencies, during Arnold's tenure the court's primary role was reviewing decisions of local trial courts involving routine civil and
criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
matters arising in
Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
Arnold was never happy during his time on the court, resigning after only two years on the bench. As an explanation of his decision, he told observers he "would rather be speaking to damn fools than listening to damn fools."


Arnold & Porter

Arnold returned to private practice in Washington, D.C., where, along with Paul A. Porter and
Abe Fortas Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from Rho ...
, he co-founded the law firm known today as Arnold & Porter.


Personal and death

Thurman married his lifelong partner Frances Longan Arnold on September 4, 1917. They had two children, Thurman Jr. and George, both of whom enjoyed successful careers in the law. Nebraskan " Hugh Cox, famous as Thurman Arnold's chief deputy" and also as an early partner at Root Clark & Bird (later Root, Clark, Buckner & Ballantine; later Dewey Ballantine, later Dewey & LeBouef) was attorney for Donald Hiss, brother of Alger Hiss. Both Cox and Hiss were partners at
Covington & Burling Covington & Burling LLP is an American multinational law firm. Known as a white-shoe law firm, it is headquartered in Washington, D.C. and advises clients on transactional, litigation, regulatory, and public policy matters. The firm has addition ...
, where he was called the "perfect advocate") during the
Hiss Hiss or Hissing may refer to: * Hiss (electromagnetic), a wave generated in the plasma of the Earth's ionosphere or magnetosphere * Hiss (surname) * ''Hissing'' (manhwa), a Korean manhwa series by Kang EunYoung * Noise (electronics) or electro ...
- Chambers Case." Arnold died on November 7, 1969, at his home in
Alexandria, Virginia Alexandria is an independent city (United States), independent city in Northern Virginia, United States. It lies on the western bank of the Potomac River approximately south of Washington, D.C., D.C. The city's population of 159,467 at the 2020 ...
. Thurman Arnold Jr. established a law firm in Palm Springs, California in 1953. Thurman Arnold Jr.'s son, Thurman Arnold III, joined his father's law firm in 1982 and is currently practicing law with an emphasis on Family Law in Palm Springs, California. George Arnold married and raised a family with Ellen Cameron Pearson, daughter of columnist Drew Pearson and granddaughter of Cissy Patterson, owner of the '' Washington Times-Herald''.


References


Sources


Biographical sources

* * * * * *


Primary sources

* Arnold, Thurman W. ''The Bottlenecks of Business''. New York: Reynal & Hitchcock, 1940. * Arnold, Thurman W. ''The Folklore of Capitalism''. New Haven: Yale University Press; London: Humphrey Milford/Oxford University Press, 1937; 1962, with new preface. * Arnold, Thurman W. ''The Symbols of Government''. New Haven: Yale University Press, 1935; New York: Harcourt, Brace & World, 1962, with new preface.


External links

* * *
Arnold & PorterThurman Wesley Arnold papers
at the
American Heritage Center The American Heritage Center is the University of Wyoming's repository of manuscripts, rare books, and the university archives. Its collections focus on Wyoming and the Rocky Mountain West (including politics, settlement, Native Americans, and W ...

Digitized selection of Thurman Wesley Arnold Papers
archived in the
American Heritage Center The American Heritage Center is the University of Wyoming's repository of manuscripts, rare books, and the university archives. Its collections focus on Wyoming and the Rocky Mountain West (including politics, settlement, Native Americans, and W ...
digital archives. {{DEFAULTSORT:Arnold, Thurman 1891 births 1969 deaths 20th-century mayors of places in Wyoming Franklin D. Roosevelt administration personnel American legal scholars Princeton University alumni Harvard Law School alumni Arnold & Porter people Lawyers from Washington, D.C. United States assistant attorneys general for the Antitrust Division Judges of the United States Court of Appeals for the D.C. Circuit United States court of appeals judges appointed by Franklin D. Roosevelt American prosecutors Mayors of places in Wyoming Members of the Wyoming House of Representatives Yale Law School faculty People from Laramie, Wyoming University of Wyoming faculty 20th-century members of the Wyoming Legislature