Legal career Philip Elman

1 legal career

1.1 judicial clerkships
1.2 solicitor general s office
1.3 federal trade commission

legal career
judicial clerkships

elman began legal career law clerk judge calvert magruder of u.s. court of appeals first circuit, 1939–1940. after brief stint @ federal communications commission (1940–1941), served law clerk u.s. supreme court justice felix frankfurter 1941 1943. among opinions elman involved in drafting during clerkship frankfurter s dissent in second flag salute case, west virginia state board of education v. barnette. elman , frankfurter remained close friends; elman later recount frankfurter still regarded him clerk years after elman had joined justice department.

solicitor general s office

after clerkship frankfurter, elman joined united states department of justice, worked assistant solicitor general of united states 1944 1961. took part in drafting briefs , arguments number of civil rights cases, including shelley v. kraemer.

in oral history time @ solicitor general s office, elman recounted involvement in brown v. board of education. explained how solicitor general s brief used phrase deliberate speed :

it s because first suggest, , parties , amicus on both sides rejected after government proposed it, if court should hold racial segregation in public schools unconstitutional, should give district courts reasonable period of time work out details , timing of implementation of decision. in other words, deliberate speed .

elman wanted middle ground between reaffirming separate equal doctrine of plessy v. ferguson , requiring immediate integration of public schools, though meant separating constitutional principle judicial remedy. believed otherwise supreme court not have decided case unanimously , american public not have tolerated decision.

according elman, borrowed deliberate speed concept antitrust cases , boundary dispute cases in united states supreme court, particularly opinions oliver wendell holmes, jr., had difficulty tracking down phrase s precise origin. researchers national association advancement of colored people later discovered phrase in francis thompson s poem, hound of heaven.

federal trade commission

elman wanted become assistant attorney general of united states, interview then-united states attorney general robert f. kennedy did not go had hoped. instead, elman nominated seat on federal trade commission. united states senate confirmed nomination. elman served on ftc 1961 1970.

while @ ftc, main agenda enforcing federal laws against false advertising. actions led ftc requiring warning labels on cigarette packs in united states.

one of elman s assistants @ ftc young richard posner, went on become professor @ university of chicago law school , judge on united states court of appeals seventh circuit.