Legal Scholar, Labor Specialist Bernard D. Meltzer Dies at 92
Bernard D. Meltzer, a leading scholar of labor law, a prosecutor
at the Nuremberg Trials, and the Edward H. Levi Distinguished Service
Professor Emeritus at the University of Chicago Law School, died
Thursday, Jan. 4, 2007 at his home in Chicago. He was 92.
Meltzer’s scholarly work, along with his teaching of the Socratic
method, made him one of the most important faculty members at the
Law School and among legal scholars nationwide. His publications
on labor law, arbitration and the role of juries continue to be widely
University of Michigan Law Professor Theodore St. Antoine once
described Meltzer as “the finest craftsman” among labor law scholars,
stating that there was “no person in the entire field of labor relations
who is so adept at asking all the right questions, recognizing all
the competing interests, and exposing all the ancient shibboleths.”
Said Phil C. Neal, a former dean of the University of Chicago Law
School: “Bernard Meltzer's death marks the end of a major part of
the Law School's history. He was the last of a small but very distinguished
group who joined the faculty in the late 1940’s and under Edward
Levi's leadership in the 1950’s made the School one of the recognized
greatest law schools in the country.”
Born in Philadelphia to Russian immigrants, Meltzer spent four
semesters at Temple University before transferring in 1934 to the
University of Chicago—a move he described as “an exhilarating and
Meltzer completed his undergraduate studies in 1935, and in 1937
obtained his law degree. He graduated first in his class. Meltzer
received a graduate fellowship to study the following year at Harvard
Law School and received a master of laws degree from Harvard in 1938.
Before joining the Law School faculty, Meltzer worked in the General
Counsel’s office of the Securities and Exchange Commission in 1938,
disregarding the advice of University of Chicago Law School Dean
Harry Bigelow, who said, “Meltzer, you’re too independent a cuss
to be a government clerk.” He later served as Special Assistant to
SEC Chairman Jerome Frank.
He moved back to Chicago in 1940 to join the law firm of Mayer,
Meyer, Austrian and Platt, but was called back to Washington, D.C.
the following year to work as legal consultant to the National Defense
Advisory Commission—which was responsible for determining what materials
were needed by American military forces and those of its Allies.
From 1941-43, Meltzer served in the State Department, serving as
Special Assistant to Assistant Secretary of State Dean Acheson and
as Acting Chief of the Foreign Funds Control Division.
Meltzer worked successfully to help persuade the State and Justice
Departments to abandon a restrictive interpretation of the Neutrality
Act in order to permit delivery of Lend-Lease shipments to American
allies, and he helped to draft the initial Lend-Lease agreements
with allied nations. He also attempted, ultimately without success,
to gain government approval to permit the use of funds to finance
efforts to free Eastern European Jews threatened with deportation
Although Meltzer’s effort to enlist in the Navy the day after Pearl
Harbor failed because of poor eyesight, in 1943 he was commissioned
as a naval officer and assigned to the Office of Strategic Services.
When World War II ended, Meltzer was assigned to assist in drafting
the charter of the United Nations.
In 1946, Meltzer joined the United States Prosecution Staff at
the Nuremberg International War Trials. He coordinated a team of
lawyers responsible for assembling evidence relating to the “economic
case,” involving defendants who had helped to finance or build the
German war machine while knowing of the Nazis’ aggressive purposes,
and defendants responsible for plundering occupied territories and
for the deportation and exploitation of millions of slave laborers.
Meltzer conducted the pre-trial interrogation of Hermann Goering
and presented the case at trial against Walter Funk, Economics Minister
and President of the Reichsbank when it became the storehouse for
valuables stripped from concentration camp victims. Meltzer also
worked on the presentation of the concentration camp case, describing
the Nazis’ methodical recordkeeping at the death camps as “a lawyer’s
dream but a humanist’s nightmare.”
Meltzer joined the Law School faculty in 1946 after returning from
Nuremberg. He developed the first course in the country on international
organizations, although he later specialized in labor law and evidence.
Meltzer also developed the idea for the Law School’s Jury Project,
of which he was the first director.
“Professor Meltzer was a giant of legal education and of the bar.
He was known to earlier generations of students for his mastery of
the Socratic method, and of students themselves. These students—present
day leaders, judges and lawyers—recall his sharp wit and directness
with awe,” said Saul Levmore, Dean of the Law School. Our greatest
discussant is gone, but his spirit and his talents will always define
Meltzer was an inaugural recipient of the University of Chicago’s
Norman MacLean Faculty Award, recognizing a senior faculty member’s
outstanding contributions to teaching and to students. The citation
noted his commitment “to his students’ welfare beyond the classroom”
and observed “generations of students have acclaimed his mixture
of rigor and warmth.”
"Those of us who were Bernie’s colleagues or his students—a
rather meaningless distinction in Bernie’s case—benefited greatly
from his practicing law in every possible setting: the classroom,
his office, the student lounge, at faculty meetings, at dinner parties,”
said Gerhard Casper, a former dean of the University of Chicago Law
School and president emeritus of Stanford University.
“A scholar of great integrity and influence, he was one of the
loveliest human beings that I have known,” Casper said.
Since his retirement in 1985, he continued to write and consult
and practiced law at Sidley and Austin in Chicago. Meltzer also served
as a labor arbitrator, a special master, Chairman of the Cook County
Hospital Committee, a member of the Illinois Civil Service Commission,
a salary arbitrator for Major League Baseball and a consultant to
the U.S. Department of Labor and the U.S. Department of Defense.
Meltzer also drafted the charter of the Southeast Chicago Commission.
Additionally, Meltzer also advised attorneys representing clients
during the McCarthy Era and also successfully represented clients
in loyalty investigations.
Meltzer also was a member of the American Academy of Arts and Sciences
and the American Law Institute.
He is survived by his wife of 60 years, the former Jean Sulzberger;
a daughter, Joan FitzGibbon, of Indianapolis; a son, Daniel, of Cambridge,
Mass.; a daughter, Susan Yost, of Columbus, Ohio; and six grandchildren.
Funeral services will be private. A public memorial service will
be held at a later date.