David Fellman (1907 – 2003) was an American political scientist and constitutional scholar and advocate for academic freedom, who taught general constitutional law, administrative law and civil liberties.
Background David Fellman was born on September 14, 1907, in Omaha, Nebraska. In 1905, his orthodox Jewish family immigrated to Omaha, Nebraska, from the Volhynia, Belarus (now Ukraine). David Fellman was the third of seven children (six boys, one girl). At age 21, an older brother died; a few years later, his father died.
Fellman attended Omaha Central High School where he was president of the Mathematics society, a member of the Speakers Bureau and on the debate teams1924, May 8, "High School Debaters Who Will Meet Here in Annual Contest," The Daily Nebraskan, Lincoln, Nebraska, p. 4 that won the district championship in 1924-25 and the state championship in 1925.1925, May 9, “Omaha Wins Debate Title,” The Lincoln Star, Lincoln, Nebraska, p. 1 He won the state contest in extemporaneous speaking.1928, November 27, "Debaters Take Stand Against Sydney," The Daily Nebraskan, Lincoln, Nebraska, p. 3
Fellman taught Hebrew in a religious school to support himself while attending the University of Nebraska.1982, Oral History Program interview with David Fellman, Audio Interview by Donna Taylor Hartshorne, University of Wisconsin-Madison Archives, oclc ocn227373225 As an undergraduate, he was on the debate team for three years. He was a member of Nebraska's “Think-Shop”1927, October 25, “Squad Prepares for Cambridge,” The Daily Nebraskan, Lincoln, Nebraska, Volume XXVII, No. 28, p. 1, 21927, October 27, “Husker Debate Team Prepares for Cambridge: Nebraska’s Famous ‘Think Shop’ Hums with Activity Before International Meet,” The Daily Nebraskan, Lincoln, Nebraska, Volume XXVII, Vol. 30, p. 1, 2 and was elected to Delta Sigma Rho, the national debating honorary society, in May 1927,1927, May 17, The Lincoln Evening Journal, Lincoln, Nebraska, p. 14 serving as president of that organization for one year. He was a member of Sigma Alpha Mu fraternity, and was a reader for the political science department. For two years, he wrote a semi-weekly column in The Daily Nebraskan, official student newspaper entitled “A Student Looks at Public Affairs."1928, September 23, "Columns, Not Reams," The Daily Nebraskan, Lincoln, Nebraska, p. 21928, September 25, "A Student Looks at Public Affairs by David Fellman," The Daily Nebraskan, Lincoln, Nebraska, Page 2
He received his A.B. in 1929, and was inducted into Phi Beta Kappa;1929, May 16, “Students Who Will Be Initiated into Phi Beta Kappa This Evening,” The Daily Nebraskan, Lincoln, Nebraska, Volume XXVIII, No. 146, p. 1 he also received an M.A. in 1930 from the University of Nebraska. He was granted a teaching fellowship by the University of Nebraska in the political science department while pursuing work to prepare for his doctoral degree.1930, September 21, "University of Nebraska Adds Three Instructors Political Science Staff," The Lincoln Star, Lincoln, Nebraska, p. 31 In 1931, Fellman transferred to Yale University, having been the recipient of the Cowles fellowship in government. He studied political theory under Dr. Francis Coker,1931, April 19, "Fellman Receives Yale Fellowship; Political Science," The Lincoln Star, Lincoln, Nebraska, p. 21940, May 21, “Zimmerman Wins Cowles Fellowship to Yale University,” The Daily Nebraskan, Lincoln, Nebraska, Volume 39, No. 152, p. 1 then a scholarship in philosophy in 1932,1932, April 11, "David Fellman Wins $1,000 Scholarship at Yale University," The Lincoln Star, Lincoln, Nebraska, p. 1 then the Sterling fellowship in government in 1933.1933, May, 1, "Nebraskans Awarded Fellowships," Lincoln Evening Journal, Lincoln, Nebraska p. 11 He was awarded the Ph.D. from Yale University in 1934.
Career Upon receiving his doctorate, Fellman returned to the University of Nebraska as a professor until relocating to the University of Wisconsin-Madison in 1947, and remaining there until his retirement. He became involved in Wisconsin state government and participated in several commissions and panels which helped review and eventually recommend constitutional changes.
He taught at the University of Nebraska from 1934 to 1947 and the University of Wisconsin–Madison from 1947 until he retired in 1979.1978, May 21, "Fellman Retiring," Green Bay Press Gazette, Green Bay, Wisconsin, p. 8 He maintained an office in North Hall at UW–Madison through the late 1980s. One newspaper remembered him as "beloved of generations of students who were attracted by his friendliness and charm as well as his intellectual stature."1978, May 21, "Fellman Retiring," Green Bay Press Gazette, Green Bay, Wisconsin, p. 8 University of Wisconsin Press, 2007, p. 36 One former student, David Obey, wrote of him, "Anyone who remembers John Houseman’s portrayal of the law professor in The Paper Chase will know what Fellman was like – intimidating, tough, clipped, proper, dry, acerbic.”Obey, David R., “Raising Hell for Justice: The Washington Battles of a Heartland Progressive,” University of Wisconsin Press, 2007, p. 36
In the 1960s, Fellman became active in Wisconsin state government. He wrote speeches for Governors Gaylord A. Nelson and John W. Reynolds, Jr. In 1959, he was appointed to the governor's Commission on Human Rights1961, October 19, "Members of Commission are Renamed" Oshkosh Daily Northwestern, Oshkosh, Wisconsin p. 11 and served for nine years. They initiated surveysGovernor's Commission on Human Rights. "The Milwaukee Indian: a cooperative study by the Governor's Commission on Human Rights and the School of Social Work, University of Wisconsin-Milwaukee." (Madison, Wis.: Governor's Commission on Human Rights State Capitol, 1962) and drafted legislation, such as the fair housing bill submitted to the state legislature in 1965.1965, February 17, "Fair Housing Bill Topic of Council," Oshkosh Daily Northwestern, Oshkosh, Wisconsin, p. 29 In 1960 and 1963, he was named to the Governor's Commission on Constitutional Revision.1960, April 27, ""Governor Names Group to Revise Constitution" Wisconsin State Journal, Madison, Wisconsin, p. 271960, July 23, “Time for Constitutional Overhaul? by David Fellman” The Capitol Times, Madison, Wisconsin, p. 18 They were tasked with "drafting of the actual texts of suitable constitutional amendments, the publicizing of their purpose and the promotion of their adoption."1963, September 24, "Study on Constitution Revision Reactivated," The Daily Telegram, Eau Claire, Wisconsin, P.4 Among the notable changes that resulted was the increase of the term for governor from two years to four years beginning in 1970.1967, March 22, "Notice of Judicial and Referenda Elections April 4, 1967 State of Wisconsin," Eau Claire Leader, Eau Claire, Wisconsin, p.171967, April, Ballot Question 1: Wisconsin Governor and Lieutenant Governor Term of Office Amendment In 1970, he was appointed by Chief Justice E. Harold Hallows of the Wisconsin Supreme Court to be chairman of the Committee to Recommend Rules on Use of Sound and Camera Equipment in the Courtroom“Committee to Recommend Rules on Use of Sound and Camera Equipment in the Courtroom,” Theobald, H. Rupert; Robbins, Patricia V. (ed.) / ‘’The state of Wisconsin Blue Book, 1970’’(1970) p. 584 and to advise the court and develop specific recommendations for use of such equipment, which was prohibited at that time.
Until the 1960s, the University of Wisconsin-Madison lacked any endowed chairs. When the Vilas estate, bequeathed to the university in 1908, first became available for distribution, the first step was creation of several Vilas professorships, awarded by campus-wide competition. David Fellman was among the first group, named in 1962.UW-Madison Department Achievements Faculty Awards: Faculty Holding Endowed Chairs He held the chair until his retirement.
Personal life and death
Fellman married Sarah (died 1994); they had two children, Laura and Michael Fellman (1942 - 2012), Professor Emeritus of History, Simon Fraser University (SFU), Vancouver, Canada.
Fellman was president of the Midwest Political Science Association, 1955–1956,1964, April 17, "UW Professor Fellman Elected Head of AAUP," The Wisconsin Jewish Chronicle, Milwaukee, Wisconsin, p.3 founding editor of that association's Midwest Journal of Political Science (now American Journal of Political Science), 1957–1959, vice president of the American Political Science Association, 1959–1960;"Back Matter," The American Political Science Review, Vol. 53, No. 3 (Sep., 1959), pp. 930-962 and on the board of editors for The American Political Science ReviewFebruary 1949, "Volume Information," The American Political Science Review, Vol. 43, No. 1 of the received the Governmental Affairs Award from the Social Science Research Council, 1959-1960; senior research Fulbright fellow, Great Britain (London School of Economics), 1961–1962; holder of research grants from the Fund for the Republic, 1957–1958 and the Social Science Research Council, 1959–1960; and recipient of an honorary degree (Doctor of Laws) from the University of Nebraska, 1966.1966, February 2, “Mid-Year Grads Receive Degrees,” The Daily Nebraskan, Lincoln, Nebraska, Volume 81, No. 56, p. 7
Fellman was a member of the American Association of University Professors ("AAUP") for sixty-one years, on its Committee A from 1957 to 1971, chaired it from 1959 to 1964,David Fellman, author “Report of Committee A, 1961-1962” AAUP Bulletin, Vol. 48, No. 2 (Jun., 1962), pp. 155-163; DOI: 10.2307/40223421 was president of the AAUP from 1964 to 19661965, October 29, “2nd Man, Dr. David Fellman of UW, Wins Sam Beber AZA Award,” The Wisconsin Jewish Chronicle, Milwaukee, Wisconsin, p. 1“The Association’s Agenda’” AAUP Bulletin, Vol. 52, No. 2 (Jun., 1966), pp. 105-110 and continued as a member of the Governing Board of its Legal Defense Fund into the 1990s.
David Fellman died age 96 in Madison, Wisconsin, on November 23, 2003.
Works
Fellman wrote an annual article for the American Political Science Review from 1949 to 1961 on constitutional law, reviewing the prior year's work of the U.S. Supreme Court. His other writings include numerous articles published in law and political science journals, contributions to various encyclopedias and single chapters to a number of books.
Books authored The Defendant's Rights Today, The University of Wisconsin Press, 1976, cloth, paper, The Defendant's Rights under English Law, The University of Wisconsin Press, 1966, Library of Congress Catalog Card Number 66-11803 OCLC ocm00407827 Religion in American Public Law, Boston University Press, 1965, Library of Congress Catalog Card No. 65-17006 OCLC ocm01058709 The Constitutional Right of Association, The University of Chicago Press, Chicago, IL, 1963, Library of Congress Catalog Card Number: 63-9728 OCLC ocm00497552 The Limits of Freedom, Rutgers University Press, New Brunswick, NJ, 1959, Library of Congress Catalog Card Number: 59-14425 OCLC ocm00498133 The Defendant’s Rights, Rinehart & Company, Inc., New York, 1958, Library of Congress Catalog Card Number: 57-12386 OCLC ocm01227493 The Censorship of Books, University of Wisconsin Press, Madison, WI, 1957, OCLC No. 3559584 (35-page pamphlet)
Journal articles November 1930, "Due Process of Law in Nebraska," Nebraska Law Bulletin, Volume 9, No. 2 February 1931, "Due Process of Law in Nebraska: Police Power," Nebraska Law Bulletin, Volume 9, No. 3 May 1931, "Due Process of Law in Nebraska," Nebraska Law Bulletin, Volume 9, No. 4 May 1932, "Due Process of Law in Nebraska: Notice and Hearings," Nebraska Law Bulletin, Volume 10, No. 4 December 1938, "Diminution of Judicial Salaries,” Iowa Law Review January 1940, “Intergovernmental Taxation Today,” The Annals of the American Academy of Political and Social Science, Vol. 207, Issue 1, Intergovernmental Relations in the United States, Pages 27–37