My Life, page 29
That was all we knew when we finished law school and I took Hillary on her first overseas trip. I gave her a tour of London and Oxford, then we went west to Wales, then back into England to the Lake District, which I hadn’t seen before. It’s beautiful and romantic there in the late spring. One evening at sunset, on the shore of Lake Ennerdale, I asked Hillary to marry me. I couldn’t believe I’d done it. Neither could she. She said she loved me but couldn’t say yes. I couldn’t blame her, but I didn’t want to lose her. So I asked her to come home to Arkansas with me to see how she liked it. And to take the Arkansas bar exam, just in case.
EIGHTEEN
In June, Hillary flew to Little Rock for a visit. I took her home the long way, to show her a part of the state I loved. We drove west up the Arkansas River for seventy miles to Russellville, then south down Highway 7 through the Ouachita Mountains and National Forest, stopping from time to time to look at the beautiful vistas. We spent a couple of days in Hot Springs with Mother, Jeff, and Roger, then went back to Little Rock for a prep course on the Arkansas Bar exam, which proved helpful enough that both of us passed.
After the bar, Hillary went back to Massachusetts to start her job with the Children’s Defense Fund, and I went to Fayetteville to begin my new life as a law professor. I found the perfect place to live, a beautiful little house designed by the famous Arkansas architect Fay Jones, whose stunning Thorncrown Chapel in nearby Eureka Springs won international awards and accolades. The house was on more than eighty acres of land about eight miles east of Fayetteville, on Highway 16. The land’s eastern border was the middle fork of the White River. A few dozen cattle grazed the pasture. The house, built in the mid1950s, was essentially a one-room structure, long and thin, divided down the middle, with the bathroom dropped like a block in the center. Both the front and back walls were a series of sliding glass doors, which, along with skylights in the bedroom and bathroom, guaranteed lots of light. Running in front of the whole length of the living room was a screened-in porch, which jutted out from the house as the land sloped down to the road. The house proved to be a godsend of peace and quiet, especially after I started my first campaign. I loved to sit on the porch and near the fireplace, and to walk in the field by the river with the cattle.
The house did have a couple of drawbacks. Mice visited every night. When I realized I couldn’t get rid of them and they kept to themselves in the kitchen, I started leaving them bread crumbs. The outdoors was full of spiders, ticks, and other menaces. They didn’t bother me much, but when a brown recluse spider bit Hillary, her leg swelled up enormously and took a long time to go back down. And the place was impossible to secure. We had a rash of burglaries across northwest Arkansas that summer. The culprit was hitting lots of rural houses up and down High-way 16. One evening when I came home, it looked as if someone had been there, but nothing was missing. Perhaps I’d scared him off. On impulse, I sat down and wrote a letter to the burglar, in case he came back:
Dear Burglar:
Things in my house were so much the same, I could not tell whether or not you actually entered the house yesterday. If not, here is what you will find—a TV which cost $80 new one and a half years ago; a radio which cost $40 new three years ago; a tiny record player that cost $40 new three years ago; and a lot of keepsakes, little things, very few of which cost over $10. Almost all the clothes are over two or three years old. Hardly worth risking jail for.
William J. Clinton
I taped the letter to the fireplace. Unfortunately, the ploy didn’t work. The next day when I was at work, the guy came back and took the TV, the radio, the record player, and one thing I purposely left off the list: a beautifully engraved German military sword from World War I. I was heartsick about losing it because Daddy had given it to me, and because, just a year earlier, the only other valuable thing I owned, the Selmer Mark VI tenor saxophone Mother and Daddy had given me in 1963, had been stolen out of my car in Washington. Eventually I replaced the sax with a 1935 Selmer “cigar cutter” model, but the sword proved irreplaceable.
I spent the last weeks of a very hot August preparing my classes and running around the university track in the hottest hours of the day, getting my weight down to 185 pounds for the first (and last) time since I was thirteen. In September, I began to teach my first classes: Antitrust, which I had studied at Yale and enjoyed very much, and Agency and Partnership, dealing with the nature of contractual relationships and the legal responsibilities that arise out of them. I had sixteen students in Antitrust and fifty-six in A and P. Antitrust law is rooted in the idea that the government should prevent the formation of monopolies as well as other noncompetitive practices in order to preserve a functioning, fair free-market economy. Since I knew that not all the students had a good grounding in economics, I tried hard to make the material clear and the principles understandable. Agency and Partnership, by contrast, seemed straightforward enough. I was afraid the students would get bored and also miss the importance and occasional difficulty of determining the exact nature of the relationships between parties in a common enterprise, so I tried to think of interesting and illuminating examples to keep the classroom discussion going. For example, the Watergate hearings and the White House response to the ongoing revelations had raised a lot of questions about the perpetrators of the break-in. Were they agents of the President, and if not, for whom and on whose authority were they acting? In all the classes I taught, I tried to get a lot of students involved in the discussions and to make myself easily available to them in my office and around the law school.
I enjoyed writing exams, which I hoped would be interesting, challenging, and fair. In the accounts I’ve read of my teaching years, my grading has been questioned, with the implication that I was too easy, either because I was too soft or too eager not to offend potential supporters when I ran for office. At Yale, the only grades were Honors, Pass, or Fail. It was usually pretty hard to get Honors and virtually impossible to fail. At many other law schools, especially those where the admissions standards were more lax, the grading tended to be tougher, with the expectation that 20 to 30 percent of a class should fail. I didn’t agree with that. If a student got a bad grade, I always felt like a failure too, for not having engaged his or her interest or effort. Almost all the students were intellectually capable of learning enough to get a C. On the other hand, I thought a good grade should mean something. In my big classes, ranging from fifty to ninety students, I gave two or three A’s and about the same number of D’s. In one class of seventy-seven, I gave only one A, and only once did I flunk a student. Usually the students who were going to flunk would withdraw rather than risk an F. In two smaller classes, I gave more A’s because the students worked harder, learned more, and deserved them.
Although the University of Arkansas law school’s first black students had entered twenty-five years earlier, it was not until the early seventies that a substantial number of them finally began to enter state law schools across the South. Many were not well prepared, especially those whose education had been confined to poor segregated schools. About twenty black students took my courses between 1973 and 1976, and I got to know the others. Almost all of them were working very hard. They wanted to succeed, and several of them lived under enormous emotional pressure because they were afraid they couldn’t make it. Sometimes their fears were justified. I’ll never forget reading one black student’s exam paper with a mixture of disbelief and anger. I knew he had studied like a demon and understood the material, but his exam didn’t show it. The right answers were in there, but finding them required digging through piles of misspelled words, bad grammar, and poor sentence construction. An A’s worth of knowledge was hidden in the bushes of an F presentation, flawed by things he hadn’t learned going all the way back to elementary school. I gave him a B-, corrected the grammar and spelling, and decided to set up tutoring sessions to help transform the black students’ hard work and native intelligence into better results. I think they helped, both substantively and psychologically, though several of the students continued to struggle with their writing skills and with the emotional burden of having one foot through the door of opportunity and the other held back by the heavy weight of past segregation. When many of those students went on to distinguished careers as lawyers and judges, the clients they represented and the parties they judged probably had no idea how high a mountain they had had to climb to reach the bar or the bench. When the Supreme Court upheld the principle of affirmative action in 2003, I thought of my black students, of how hard they worked and all they had to overcome. They gave me all the evidence I’d ever need to support the Court’s ruling.
Besides my interaction with the students, the best thing about being a law professor was being part of a faculty filled with people I liked and admired. My best friends on the faculty were two people my age, Elizabeth Osenbaugh and Dick Atkinson. Elizabeth was a brilliant Iowa farm girl, a good Democrat, and a devoted teacher who became good friends with Hillary, too. Eventually, she went back to Iowa to work in the Attorney General’s office. When I was elected President, I persuaded her to come to the Justice Department, but after a few years she again went back home, largely because she thought it would be better for her young daughter, Betsy. Sadly, Elizabeth died of cancer in 1998, and her daughter went to live with Elizabeth’s brother. I have tried to keep in touch with Betsy over the years; her mother was one of the finest people I’ve ever known. Dick Atkinson was a friend from law school who had grown dissatisfied with private practice in Atlanta. I suggested he consider teaching and urged him to come to Fayetteville for an interview. He did, and was offered and accepted a position on our faculty. The students loved Dick, and he loved teaching. In 2003, he would become Dean of the Arkansas Law School. Our most famous and fascinating professor was Robert Leflar, the most eminent legal scholar our state ever produced, a recognized authority in torts, conflicts of law, and appellate judging. In 1973, he was already past the mandatory retirement age of seventy and was teaching a full load for a dollar a year. He had been on the faculty since he was twenty-six. For several years before I knew him, Bob had commuted weekly between Fayetteville and New York, where he taught a course in appellate judging to federal and state judges at New York University Law School, a course that more than half the Supreme Court justices had taken. He was never late for class in either place. Bob Leflar was a small, wiry man with huge, piercing eyes, and he was still as strong as an ox. He couldn’t have weighed more than 150 pounds, but while working in his yard he carried around big chunks of flagstone that I could hardly lift. After every Razorback football homecoming game, Bob and his wife, Helen, hosted a party in their home. Sometimes guests would play touch football in the front yard. I remember one game in particular, when Bob and I and another young lawyer played against two big young guys and a nine-year-old boy. The game was tied and we all agreed that whoever scored next would win. Our side had the ball. I asked Bob if he really wanted to win. He said, “I sure do.” He was as competitive as Michael Jordan. So I told the third man on our team to center the ball, let the rusher come after me, and go block the tall man defending the backfield to the right. The nine-year-old was covering Bob, on the assumption that I’d throw the ball to the taller, younger man, or that if Bob got the ball the kid would be able to touch him. I told Bob to block the kid to the right too, then run hard left, and I’d throw the ball to him right before the rusher got to me. When the ball was snapped, Bob was so excited he knocked the boy to the ground and ran left. He was wide open when our teammate completed his blocking assignment. I lobbed the ball to Bob and he ran across the goal line, the happiest seventy-fiveyear-old man in America. Bob Leflar had a steel-trap mind, the heart of a lion, a tough will, and a childlike love of life. He was sort of a Democratic version of Strom Thurmond. If we had more like him, we’d win more often. When Bob died at ninety-three, I thought he was still too young to go. Law school policies were set by the faculty at regular meetings. On occasion I thought they ran too long and got too mired in details best left to the dean and other administrators, but I learned a lot about academic governance and politics in them. Generally, I deferred to my colleagues when there was a consensus because I felt they knew more than I did and had a longer-term commitment to the academic life. I did urge the faculty to undertake more pro bono activities and to relax the “publish or perish” imperative for professors in favor of greater emphasis on classroom teaching and spending more out-ofclass time with students. My own pro bono work included handling minor legal problems for students and a young assistant professor; trying—unsuccessfully—to persuade more doctors in Springdale, just north of Fayetteville, to accept poor patients on Medicaid; preparing a brief for the U.S. Supreme Court in an antitrust case at the request of Attorney General Jim Guy Tucker; and, in my first appearance as a lawyer in court, filing a brief to defend my friend State Representative Steve Smith in an election-law dispute in Madison County.
Huntsville, the county seat and Orval Faubus’s hometown, had a little more than a thousand people. The Democrats held all the courthouse offices, from the judge and sheriff on down, but there were a lot of Republicans in the hills and hollows of north Arkansas, most of them descendants of people who had opposed secession in 1861. The Republicans had made a good showing in 1972, aided by the Nixon landslide, and they felt that if they could get enough absentee ballots thrown out, they might reverse the results of the local elections.
The case was tried in the old Madison County courthouse before Judge Bill Enfield, a Democrat who later became a friend and supporter of mine. The Democrats were represented by two real characters: Bill Murphy, a Fayetteville lawyer whose great passions were the American Legion, which he served as Arkansas commander, and the Democratic Party; and a local lawyer, W. Q. Hall, known as “Q,” a one-armed wit with a sense of humor as sharp as the hook affixed to his left arm. The people hauled in to testify about why they voted absentee offered a vivid picture of the fierce loyalties, rough politics, and economic pressures that shaped the lives of Arkansas hill people. One man had to defend voting absentee at the last minute, without having applied in advance, as the law required. He explained that he worked for the state Game and Fish Commission, and he went down to vote on the day before the election because he had just been ordered to take the state’s only bear trap over slow mountain roads to Stone County on election day. His vote was allowed. Another man was called back from his job in Tulsa, Oklahoma, to testify. He admitted that he had lived in Tulsa for more than ten years but still voted by absentee ballot in Madison County in every election, though he was no longer a legal resident there. When the Republican lawyer pressed him on it, he said with great emotion that Madison County was his home; that he had gone to Tulsa only because he couldn’t make a living in the hills; that he didn’t know or care anything about politics there; and that in another ten years or so, as soon as he could retire, he was coming home. I can’t remember whether his vote was counted, but his attachment to his roots left a lasting impression on me.
Steve Smith testified about his role in gathering absentee ballots from residents in his father’s nursing home. The law seemed to allow people associated with nursing homes to help residents fill out their ballots, but required the ballots to be mailed by a family member or someone with specific written authorization to do so. Steve had picked up all the ballots and dropped them in the nearest mailbox. I presented the judge with what I thought was a very persuasive brief, arguing that it was nonsensical to say Steve couldn’t mail them; no one had suggested that he had tampered with them, or that the residents didn’t want him to mail them. For all we knew, not all the elderly residents even had family members who could perform the chore. Judge Enfield ruled against me and Steve, but upheld enough of the absentee votes for County Judge Charles Whorton, Sheriff Ralph Baker, and their crew to stay in office. I had lost my part of the case but gained invaluable insight into the lives of Arkansas hill people. And I had made friends with some of the most effective politicians I would ever know. If a new person moved into Madison County, they would know within a week if he or she was a Democrat or a Republican. The Republicans had to come to the courthouse to register to vote. The county clerk went to the Democrats’ homes to register them. Two weeks before each election they called all the Democrats, asking for their votes. They were called again on election morning. If they hadn’t voted by late afternoon, someone went to their homes and took them to the polls. On the day of my first general election, in 1974, I called Charles Whorton to see how we were doing. He said heavy rain had washed a bridge out in a remote part of the county and some of our folks couldn’t get to the polls, but they were working hard and thought we would win by about 500 votes. I carried Madison County by 501 votes.
