This occasion is a cause for me to relax the natural modesty that has otherwise restrained me from describing these accomplishments more widely. I am one of the greatest benefactors of the University of Puget Sound School of Law. I did not comment when the new Law Center Building was named after Mr. Norton Clapp, nor did I resent it. Mr. Clapp is a generous and dedicated man, and he well deserves each of the many honors that have been bestowed upon him. Nevertheless, as will soon be very evident, the appropriate name for the Center was a much closer question than has ever been publicly admitted.
I claim entire credit for introducing Fred Tausend to the University of Puget Sound School of Law. I was a mere Assistant Professor at the Law School at the time. I had been invited on leave to the University of Chicago Law School and, presumably, as a reward for my achievement, was instructed that if I wanted the leave, I would have to find a replacement for my Antitrust class

Priest, George L.

English

Yale Law School Legal Scholarship Repository

HeinOnline -- 9 U. Puget Sound L. Rev. 457 1985-1986
1986] Tribute to Fredric Tausend
My Greatest Benefactions
457
This occasion is a cause for me to relax the natural modesty
that has otherwise restrained me from describing these accom-
plishments more widely. I am one of the greatest benefactors of
the University of Puget Sound School of Law. I did not com-
ment when the new Law Center Building was named after Mr.
Norton Clapp, nor did I resent it. Mr. Clapp is a generous and
dedicated man, and he well deserves each of the many honors
that have been bestowed upon him. Nevertheless, as will soon be
very evident, the appropriate name for the Center was a much
closer question than has ever been publicly admitted.
I claim entire credit for introducing Fred Tausend to the
University of Puget Sound School of Law. I was a mere Assis-
tant Professor at the Law School at the time. I had been invited
on leave to the University of Chicago Law School and, presuma-
bly, as a reward for my achievement, was instructed that if I
wanted the leave, I would have to find a replacement for my
Antitrust class.
Fred Tausend was the first person I interviewed, over din-
ner in a local Tacoma hotel. He was also the last person I inter-
viewed. Indeed, my job of finding a replacement was accom-
plished about three-quarters of the way through the salad. Fred
had clearly established by that point that he was fully the
master of the various doctrinal arcanities of antitrust law. This I
viewed as important because it had become clear to me after
only two years of teaching that invoking some obscure issue just
at the moment students seem to be grasping the essentials of the
field is the most effective way for a professor to distinguish him-
self from a useful hornbook. The case for Fred, however, was not
totally clear. That evening, Fred occasionally discussed even the
most difficult conceptual issues with clarity and precision. I
became certain, though, that he would be able to shake this
unproductive pedagogical habit if he put his mind to it. More-
over, I was able to detect from that first evening that Fred
Tausend seemed to have some interest in the teaching enter-
prise. I was to learn later that it was only the somber decor of
the restaurant that made me mistake as potential interest what
in fact was a deep passion for teaching.
Dean Sinclitico, on my recommendation, readily agreed to
hire Fred. Both Fred and I thought it might aid his transition
into the classroom if he were to audit the Antitrust course I was
HeinOnline -- 9 U. Puget Sound L. Rev. 458 1985-1986
458 University of Puget Sound Law Review [Vol. 9:441
to teach during the summer. Frankly, Fred learned a lot that
summer. We had our differences. Often they derived from the
fact that Fred, sitting in the back of the class, was never hesi-
tant to add depth to the discussion of some particular case or
problem. Frequently, his insights derived from his having read
the full opinion, rather than the excerpt published in the
casebook. But I indulged this peculiarity of his. It was also
something of a distraction when I noticed, over the semester,
that the students had been rearranging their desks to face Fred,
rather than me. But I presumed that this was some local Wash-
ington custom to make a person, obviously in foreign waters, feel
at home. So that too I let pass.
That fall, I went away to Chicago. Fred took over the Anti-
trust class, and it blossomed. My Antitrust classes had drawn
about 15 students per semester, which I thought was about right
given that each of the School's 400 students was required to
choose six courses from among, then, seven or eight elective
offerings. Fred's Antitrust class, however, boomed to 50, then 75,
then over 100 students. Personally, I felt gratified that it was
Fred, rather than myself, who was in position to reap the bene-
fits of the interest in Antitrust which I had sown among the
studentry in those first years. It is true that when my research
appointment at Chicago terminated, and I was deciding where to
resume teaching, I learned that there was not the hole in the
Antitrust field at the University of Puget Sound that had been
so apparent earlier. In addition, the rumors became more fre-
quent that my Chicago appointment had originally been engi-
neered by some officer at U.P.S. But these rumors were never
confirmed.
As everyone knows, I decided not to return to the Univer-
sity of Puget Sound School of Law, but to teach at other schools,
leading to the position I now hold at Yale. Few, however, appre-
ciate the personal sacrifice involved in this career choice. My
second major contribution to the University of Puget Sound
School of Law was to sell Fred Tausend Dick Settle's house at a
below market price. Virtually everyone who has met Fred, how-
ever briefly, has heard the details of the progression of owner-
ship from Settle to Priest to Tausend. Indeed, Fred told the
story to me four separate times at one cocktail party that I was
able to attend for only about half an hour.
Behind the sale, however, was a desperate attempt to keep
Tausend in the Tacoma area. In those days, Fred was practicing
HeinOnline -- 9 U. Puget Sound L. Rev. 459 1985-1986
1986] Tribute to Fredric Tausend 459
full-time in Seattle and commuting to Tacoma to meet his clas-
ses. At his hourly rates, the commuting had already been
reflected in a decline of the Gross National Product. My wife
and I faced substantial pressure to turn over the house to him in
the name of regional economic aid.
My last significant contribution to the University of Puget
Sound School of Law was made after I arrived at Yale. In my
first Antitrust offering here at Yale, Fred appeared as a guest
lecturer in the class. He presented a fascinating discussion
addressing economic evidence drawn from a major price-fixing
case he had litigated. The student reception to his presentation
was extraordinary. Students stayed after class over an hour talk-
ing with him. Some students in the class later corresponded with
him. I was quite surprised by this reaction. My predecessor Bob
Bork and I had never really been bothered by students after
class. Undoubtedly, most of the students probably only wanted
some interviewing practice with a litigator. But they certainly
concealed their objectives well, and I know Fred was flattered by
the attention.
The class was so successful that Fred agreed to return annu-
ally. Alas, his appointment as Dean prevented him from honor-
ing that obligation. And, again, in the interests of the University
of Puget Sound School of Law, I reluctantly released him. His
service as Dean, however significant to Puget Sound, has
imposed a severe loss on me and on my students.
On rereading this note, I am concerned that I have exagger-
ated somewhat my saint-like features in these dealings. On the
other hand, there certainly is no room for false modesty: my
contributions to the University of Puget Sound School of Law
have been stupendous; we might as well face it. But I like Fred
Tausend very much, and each of my associations with him has
given me very great personal pleasure. Moreover, I would be
very happy to forget sainthood if the agents of the Internal Rev-
enue Service would be more sensitive to the actual worth of
these multiple contributions than in fact they have been. I must
confess, however, that I have not always had the interests of the
University of Puget Sound in mind on these matters. As men-
tioned above, I once tried to make a contribution of Fred
Tausend to Yale Law School. In addition, I would be happy to
contribute Fred to any other law school able to lure him there.
And it is space alone that prevents me from describing in much
HeinOnline -- 9 U. Puget Sound L. Rev. 460 1985-1986
460 University of Puget Sound Law Review [Vol. 9:441
greater detail the extraordinary contribution I am about to make
to Schweppe, Krug.
George L. Priest
Professor of Law, Yale Law School


My Greatest Benefactions

Seattle University School of Law: Digital Commons

Tribute to Fredric TausendMy Greatest BenefactionsThis occasion is a cause for me to relax the natural modestythat has otherwise restrained me from describing these accom-plishments more widely. I am one of the greatest benefactors ofthe University of Puget Sound School of Law. I did not com-ment when the new Law Center Building was named after Mr.Norton Clapp, nor did I resent it. Mr. Clapp is a generous anddedicated man, and he well deserves each of the many honorsthat have been bestowed upon him. Nevertheless, as will soon bevery evident, the appropriate name for the Center was a muchcloser question than has ever been publicly admitted.I claim entire credit for introducing Fred Tausend to theUniversity of Puget Sound School of Law. I was a mere Assis-tant Professor at the Law School at the time. I had been invitedon leave to the University of Chicago Law School and, presuma-bly, as a reward for my achievement, was instructed that if Iwanted the leave, I would have to find a replacement for myAntitrust class.Fred Tausend was the first person I interviewed, over din-ner in a local Tacoma hotel. He was also the last person I inter-viewed. Indeed, my job of finding a replacement was accom-plished about three-quarters of the way through the salad. Fredhad clearly established by that point that he was fully themaster of the various doctrinal arcanities of antitrust law. This Iviewed as important because it had become clear to me afteronly two years of teaching that invoking some obscure issue justat the moment students seem to be grasping the essentials of thefield is the most effective way for a professor to distinguish him-self from a useful hornbook. The case for Fred, however, was nottotally clear. That evening, Fred occasionally discussed even themost difficult conceptual issues with clarity and precision. Ibecame certain, though, that he would be able to shake thisunproductive pedagogical habit if he put his mind to it. More-over, I was able to detect from that first evening that FredTausend seemed to have some interest in the teaching enter-prise. I was to learn later that it was only the somber decor ofthe restaurant that made me mistake as potential interest whatin fact was a deep passion for teaching.Dean Sinclitico, on my recommendation, readily agreed tohire Fred. Both Fred and I thought it might aid his transitioninto the classroom if he were to audit the Antitrust course I was19861458 University of Puget Sound Law Reviewto teach during the summer. Frankly, Fred learned a lot thatsummer. We had our differences. Often they derived from thefact that Fred, sitting in the back of the class, was never hesi-tant to add depth to the discussion of some particular case orproblem. Frequently, his insights derived from his having readthe full opinion, rather than the excerpt published in thecasebook. But I indulged this peculiarity of his. It was alsosomething of a distraction when I noticed, over the semester,that the students had been rearranging their desks to face Fred,rather than me. But I presumed that this was some local Wash-ington custom to make a person, obviously in foreign waters, feelat home. So that too I let pass.That fall, I went away to Chicago. Fred took over the Anti-trust class, and it blossomed. My Antitrust classes had drawnabout 15 students per semester, which I thought was about rightgiven that each of the School's 400 students was required tochoose six courses from among, then, seven or eight electiveofferings. Fred's Antitrust class, however, boomed to 50, then 75,then over 100 students. Personally, I felt gratified that it wasFred, rather than myself, who was in position to reap the bene-fits of the interest in Antitrust which I had sown among thestudentry in those first years. It is true that when my researchappointment at Chicago terminated, and I was deciding where toresume teaching, I learned that there was not the hole in theAntitrust field at the University of Puget Sound that had beenso apparent earlier. In addition, the rumors became more fre-quent that my Chicago appointment had originally been engi-neered by some officer at U.P.S. But these rumors were neverconfirmed.As everyone knows, I decided not to return to the Univer-sity of Puget Sound School of Law, but to teach at other schools,leading to the position I now hold at Yale. Few, however, appre-ciate the personal sacrifice involved in this career choice. Mysecond major contribution to the University of Puget SoundSchool of Law was to sell Fred Tausend Dick Settle's house at abelow market price. Virtually everyone who has met Fred, how-ever briefly, has heard the details of the progression of owner-ship from Settle to Priest to Tausend. Indeed, Fred told thestory to me four separate times at one cocktail party that I wasable to attend for only about half an hour.Behind the sale, however, was a desperate attempt to keepTausend in the Tacoma area. In those days, Fred was practicing[Vol. 9:441Tribute to Fredric Tausendfull-time in Seattle and commuting to Tacoma to meet his clas-ses. At his hourly rates, the commuting had already beenreflected in a decline of the Gross National Product. My wifeand I faced substantial pressure to turn over the house to him inthe name of regional economic aid.My last significant contribution to the University of PugetSound School of Law was made after I arrived at Yale. In myfirst Antitrust offering here at Yale, Fred appeared as a guestlecturer in the class. He presented a fascinating discussionaddressing economic evidence drawn from a major price-fixingcase he had litigated. The student reception to his presentationwas extraordinary. Students stayed after class over an hour talk-ing with him. Some students in the class later corresponded withhim. I was quite surprised by this reaction. My predecessor BobBork and I had never really been bothered by students afterclass. Undoubtedly, most of the students probably only wantedsome interviewing practice with a litigator. But they certainlyconcealed their objectives well, and I know Fred was flattered bythe attention.The class was so successful that Fred agreed to return annu-ally. Alas, his appointment as Dean prevented him from honor-ing that obligation. And, again, in the interests of the Universityof Puget Sound School of Law, I reluctantly released him. Hisservice as Dean, however significant to Puget Sound, hasimposed a severe loss on me and on my students.On rereading this note, I am concerned that I have exagger-ated somewhat my saint-like features in these dealings. On theother hand, there certainly is no room for false modesty: mycontributions to the University of Puget Sound School of Lawhave been stupendous; we might as well face it. But I like FredTausend very much, and each of my associations with him hasgiven me very great personal pleasure. Moreover, I would bevery happy to forget sainthood if the agents of the Internal Rev-enue Service would be more sensitive to the actual worth ofthese multiple contributions than in fact they have been. I mustconfess, however, that I have not always had the interests of theUniversity of Puget Sound in mind on these matters. As men-tioned above, I once tried to make a contribution of FredTausend to Yale Law School. In addition, I would be happy tocontribute Fred to any other law school able to lure him there.And it is space alone that prevents me from describing in much19861460 University of Puget Sound Law Review [Vol. 9:441greater detail the extraordinary contribution I am about to maketo Schweppe, Krug.George L. PriestProfessor of Law, Yale Law School

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My Greatest Benefactions

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