Keith E. Morrison, William Stamps Farish
Professor of Law Emeritus at the University of Texas School of
Law, died
February 8, 1998. He joined the faculty of this school in 1948,
retired in 1980, and assumed emeritus status. He remained active
in affairs of the school until shortly before his death. Professor
Morrison was survived by a daughter, Megan Morrison Sawyer, her
husband, John, and their daughter, KateLynn; a son, Bruce T.
Morrison, his wife, Mary, their daughter, Michelle; and a brother-in-law,
Bruce Smith. Keith's wife, Tegwen, died in 1991.
I. The Early Years
Keith
was reared in a rural community in Kansas. After graduating
from high school in Hoisington, Kansas, he attended Bethany
College
in Kansas and obtained a Bachelor of Arts degree from the University
of Kansas, where he was inducted into Phi Beta Kappa. He commenced
law school at the University of Kansas, but his legal education
was interrupted in the second year by ill health. He moved
to Wyoming, where he spent two years on a sheep ranch, acquired
a Master of Science degree from the University of Wyoming,
and
became an agricultural economist with the Wyoming Agricultural
Extension Service. In the early 1940's, Keith returned to his
goal of obtaining a legal education. This time, he enrolled
as a new student at the Yale Law School. Again, his legal education
was interrupted, this time by his military service in World
War
II. When that service ended, he returned to Yale to pursue
the seemingly elusive goal of obtaining a law degree. This
time he
succeeded, graduating in 1948 at the age of 38. He not only
graduated but was a top student. He was elected to legal education's
equivalent
of Phi Beta Kappa--the Order of the Coif. Professor Myres McDougal,
one of Yale's giants, reported to Dean McCormick, when Texas
was considering extending an offer to Keith to join this faculty,
that Keith "is just about the best man that [Professor]
Lasswell and I have in a very able group in Law, Science and
Policy." That seminar attracted graduate students in law
and the most outstanding candidates for the Bachelor of Laws
degree. Several participants in that seminar went on to become
professors of law.
Even this brief report of Keith's education
is not complete without reference to his self-education. He was
a thoughtful reader of serious books, especially the classics,
which he from time to time would undertake to discuss with like-minded
faculty colleagues. We surmise that much of this reading occurred
while he was herding sheep in Wyoming. The 75,000-acre ranch
provided a minimum of distractions, allowing Keith to become
an extraordinarily well-read shepherd.
But Keith was no ivory-tower dreamer.
His self education included experience in the practical world
of business, particularly in agriculture, as evidenced by his
appointment in 1945 to the Hoisington National Bank Board of
Directors.
II. Scholar and Teacher
One might have expected, in view of the breadth
of Keith's educational background, that he would choose to
do research and teaching in fields of the law having substantial
policy content. He did teach Constitutional Law for a time,
but
turned his efforts primarily to practical legal aspects of
taxation by the Federal Government. It is clear, however, that
in addressing
tax law, Keith considered tax policy of enormous importance.
It was characteristic of Keith to inquire into the goals of
laws, the extent to which laws accomplish those goals, and
the wisdom
of those goals. This is borne out by his article, "Widow's
Election: The Issue of Consideration," 44 Texas Law Review
223 (1965). The editors of the Texas Law Review generalized: "This
article should be of great assistance, not only in calling
attention to unsuspected pitfalls, but also in defining and
proposing resolutions
of the problems in this troublesome area of estate and gift
taxation."
An indication of student views of Keith
was the portrayal of him at an Assault and Flattery production
by the students. These annual productions typically are roasts
of various aspects of the law school, with special attention
to the faculty. In one show, a student named Pevsner, inspired
by the movie Patton, in which George C. Scott plays the General,
appeared on the stage before a huge American flag as "General
Keith Morrison." An imposing figure, in full military attire, "General
Morrison," with uplifted crop, forcefully and profanely
exhorted his students to engage the Internal Revenue Service
in battle. One may infer that they regarded Keith as strong,
serious, demanding, and not to be trifled with. His bushy eyebrows
may have contributed to this image. Students might have viewed
him somewhat differently had they known that Keith sometimes
entertained his children and grandchildren by raising and lowering
his eyebrows independently. In any event, it is clear that
the students regarded Keith with respect and affection--not
as one
having the undesirable traits of George Patton.
III. Influence On Educational Policy
Keith's participation in faculty meetings was
low-key, but effective. He spoke in calm, measured tones. We
do not recall that he ever raised his voice or became agitated.
But the meaning of his words was forceful. On more than one occasion,
he politely demolished some inadequately thought-out proposal
that had appeared to have much support. He often made his point
by Socratic-like questions, rather than by assertions.
Technological advances related to education
interested Keith when the computer age was in its infancy. In
the 1960's he served on committees of the University of Texas,
as well as on regional and national organizations, concerned
with these issues. One of these was the American Bar Association
Special Committee on Electronic Retrieval. The University of
Texas provided a substantial grant to support his investigation
of implementation of a legal information system.
Threats to academic freedom at this school
during the Vietnam War were addressed by Keith. We doubt that
he ever marched in protest, wrote letters to the editor, or promoted
the signing of petitions. Typically, his involvement was quiet,
but effective. Chancellor Ransom appointed him to serve on a
special committee of legal advisers to address problems posed
by the student unrest, particularly academic freedom issues.
A major controversy was the eviction from the campus of the Students
for a Democratic Society (SDS). The special committee concluded
that the SDS had been denied due process. The committee also
gave advice regarding revision of related rules of the Board
of Regents. In addition, Keith participated actively in academic
freedom initiatives of the Texas Classroom Teachers Association
(TACT). For a time, he served on TACT's Executive Committee.
When Keith joined this faculty, American
law schools had not yet applied, at least to a significant degree,
the discipline of economics to the study of law. Today, faculties
of most law schools have one or more faculty members who have
degrees in economics, and many law school courses have a significant
infusion of economics. Keith must have been one of the earliest
law professors with an economics degree, here or elsewhere. We
have no doubt that his teaching of courses in tax law was influenced
by that background. We do not recall that Keith promoted increasing
this law school's involvement in the law and economics movement,
but he probably did.
This report would not be complete without
calling attention to the leading role played by Keith in developing
the highly regarded annual University of Texas Law School conferences
on Federal taxation. He was engaged in the project from its beginning
and continued to support it during the ensuing years.
III. Faculty Colleague
The informal interaction of faculty members can
significantly promote, or retard, the mission of a law school,
depending on the nature of that interaction. Fortunately for
us, Keith's contributions to our informal relationships were
highly beneficial. While having coffee in the faculty lounge,
or going out for lunch, Keith usually enriched our understanding
of some significant subject. Here, too, his approach tended to
be Socratic. We felt challenged, but not abused.
Despite his rigorous analytical exchanges,
Keith was a congenial companion. He was a fine story teller.
We recall being regaled by his accounts of the lonely lives of
Wyoming shepherds.
Keith was very helpful to colleagues in
critiquing their research in progress. In one instance, his advice
persuaded a colleague to continue a project that the colleague
was on the verge of abandoning.
Following his retirement, Keith continued
to come to Townes Hall regularly and converse with us as before.
He appeared at most law school functions. We miss him.
<signed>
Larry R. Faulkner, President
The University of Texas at Austin
<signed>
John R. Durbin, Secretary
The General Faculty
This memorial resolution was prepared by a Special Committee consisting
of Professor Corwin W. Johnson (Chair), Dean M. Michael Sharlot, and Professor
Charles Alan Wright
Bibliography of Keith E. Morrison
Authored Works
"Taxation Seminar." Austin:
University of Texas School of Law, 1965. [KF 6289 A2 T34] [Taxation:
Minor]
Edited Works
The Study of Federal Tax Law,
ed. By Willard H. Pedrick and Vance N. Kirby. New York: CCH
(annual). (Editorial Board member for following volumes: Estate
and Gift Tax, 1980-81, 1971-72; Income Tax (Income Tax-Individuals,
Income Tax-Business Enterprises), 1972-81. [KF 6572 A4
S8] [Taxation:Major]
Analysis of Article 4 of the Uniform
Commercial Code, Bank Deposits and Collections. Austin:
Texas Legislative Council, 1953. [KFT 1367 C6 M6] [Commercial
Law:Major]
Articles
"Widow's Election: The Issue of Consideration.," 44 Tex.
L. Rev. 223 (1965). [Estate Planning: Major]
"Bank Collections: The Stop-Payment Transaction--A
Comparative Study." 32 Tex. L. Rev. 259 (1954)
(with J.T. Sneed). [Commercial Law: Major]
The Private Foundation and the Tax Reform
Act (Chicago: CCH, 1970). 64 Law
Libr. J. 379 (1971). [Taxation; Private Foundations:
Minor]
Freed, Automation, the Taxpayer and the Revenue
Service (2 P-H Tax Ideas Report ¶19,001 (Feb. 13,
1963)). M.U.L.L. 71 (June, 1963). [Taxation; Automation:
Minor]
Rice, Family Tax Planning (1960). UCLA
L. Rev. 480 (1961). [Estate Planning: Minor]
Race Relations Law Reporter (1956).
50 Law Libr. J. 62 (1957). [Civil Rights: Minor]
Mangum, The Legal Status of the Tenant Farmer
in the Southeast. 33 Sw. Soc. Sci. Q. 257 (1952).
[Tenant Farmers: Minor]
Contributions
"Capital Gains and Losses," Ch.
5 in Study of Federal Tax Law, Income Tax Volume. (New
York: CCH (annual)), 1972 through 1980-81. [Taxation: Major]
"The Widow's Election and Its Alternatives," in
H.G. Taylor (ed.), Proceedings of Texas Tech Tax Institute (Lubbock,
Tex.: Texas Tech Univ., 1971). [Estate Planning: Minor]
"Jurimetrics and Law Teacher Training," Ch.
7 in L. E. Allen and M. E. Caldwell (eds.), Communication
Sciences and Law: Reflections from The Jurimetrics Conference (New
York: Bobbs-Merrill, 1965), p. 45. [Law Teacher Training: Minor]
"United States and Other Governmental Regulations
Affecting Farm Leases," Ch. 67 in Stayton Texas Forms (Kansas
City, Mo.: Vernon Law Book Co., 1962), pp. 633-635, §§5831-5834.
[Farm Leases: Minor]
"Income Taxation of Savings for Retirement," in
Tax Revision Compendium, a Compendium of Papers on Broadening
the Tax Base submitted to the Committee on Ways and Means
(1959), p. 1337. [Taxation: Major]
"Life Insurance--Tax Aspects," in Texas
Institutes, Volume II: Business and Family Planning (Austin:
University of Texas School of Law, 1957), pp. 139-152. [Estate
Planning: Minor]
"Estate and Gift Tax Effects of Warthan
v. Haynes: Avoiding Uncertainty," in Texas Institutes,
Volume I: Estate Planning. (Austin: University of Texas
School of Law, 1956), pp. 155-168. [Estate Planning: Minor]
