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Professor Swift's Civil Procedure class was perhaps the best class I took in my three years of law school and helped shape the direction of my subsequent legal career. She brought razor clarity to the intricacies of civil procedure while also using the subject to help students reflect on deep questions about the administration of justice and due process.

Dan Pollak '08

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I took Evidence Law from Professor Swift fairly early in her career at what was then Boalt Hall. I always appreciated that she never objected when I said I felt I understood the rules of evidence better for having watched Perry Mason as a child. Her teaching method never let us get bogged down in the cases. There is a purpose to Evidence Law, and most questions can be resolved by staying true to that purpose, safeguarding a fair trial. In this respect, her method resembled that of Professor Cole in Torts or Con Law, and that level of abstraction served me well over the next 40 years, far better than anything I can recite about specific cases. Her personal dignity, enthusiasm and determination were unmissable, and while I was long gone from Boalt by the time she won her tenure battle, it never surprised me that she carried it forward.

Bart Selden ‘83

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I am a first generation attorney, born in Burma, grew up in Hong Kong, and had to form my own context for what a female attorney should look like as I prepared what it meant to wear that role during law school. Professor Swift filled a large part of that context. I am so glad to have joined UC Berkeley when I did (in the 1994 starting class), when Dean Kay led the school, Marina Hsieh taught Civil Procedure, and Professor Swift taught Evidence.

Professor Swift was methodical in her teaching, concise in her logic, and yet both warm and incredibly elegant in her style and demeanor.

I am not sure that you were able to rub off any of your good qualities on me, I am still trying, but I am honored to have shared my legal journey with you.

Shirley Chin, '1997

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Eleanor was my Evidence Professor in one of her first years as a Professor in the Law School. She was a truly superb teacher and human being. I agree with so many of the complimentary comments that have already been posted about her.

Let me add some words that describe Eleanor to me:

Brilliant

Deep in thinking and expression

Elegant

Kind

Challenging

Inspiring

Motivating

Fair

Balanced.

When I returned to the Law School as an adjunct professor more than a decade after graduation, Eleanor was a Dean and was extremely kind and generous to me as a teacher. She left such a strong and lasting impression and touched so many, including me.

Michael Cypers, Class if 1981

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Dearest Professor Swift, as a 1L, I remember being terrified to be called on. But it wasn’t because you were scary; it was because I did not want to disappoint you. By the time I walked the halls of Berkeley Law, you already were a legend. Your wit and dry sense of humor were delightful. For some reason, more than my turn on your call-on list, the classroom moment that I remember most is when you called on another student and she introduced herself as “Eleanor” and, realizing the same name, you smiled your warm smile and made a clever comment that made us all smile. But better yet, years letter, it turned out that I moved into your Berkeley neighborhood, then raising my own children and trying to figure out how to juggle motherhood with big law-hood. We would see you often, walking your dog, usually wearing your signature neck scarf. You were so delighted to watch my children grow from strollers to tricycles. I will carry the memories from law school always, but most of all, I will remember you walking down Webster Street with an air of accomplishment. Thank you for paving the way. —Jimena Acuna Smith, Class of 2010

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Like so many who have left messages of tribute to Professor Swift on this page, I feel fortunate to have known her. I did not meet Professor Swift until early in my alum years; our mutual connection was her wonderful husband, Professor Bob Cole, my constitutional law teacher. They were a remarkable couple. Professor Swift and I quickly became friends, and she was an important mentor and role model to me for many years during my years in law practice. More recently, during my time on the bench, her dedication to rigorous scholarship and the timeless values of equality and respect for the dignity and worth of every individual has remained a north star for me as a judge. Now that she is gone, we will all miss her deeply, but the inspiration she gave us will live on. -- Hon. Jon Streeter, Class of 1981

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Wonderful teacher, believed in her students

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Wonderful teacher, believed in her students

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Professor Swift inspired me to excel in law school at a time when I was finding it to be particularly challenging and questioned whether I wanted to keep going. She was so eloquent and encouraging. She really believes in her students. In the end, I was delighted to find I had gotten an Honors grade in her class, and it motivated me to want to do so much more. I am sorry to hear of her passing but know her memory will live on for so many of her students. PS - The inspiring woman professor, Professor Stromwell, in Legally Blonde always reminded me of Professor Swift. :-) - Kirsten (Roe) Worley, Class of 2002

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Professor Swift was a wonderful teacher and person. I loved her Evidence class, and was so thankful that she invited me to do some research for her during my 3L year as well. She was welcoming, understanding, and encouraging as I continued to grow in my research skills. I will always remember her smile, and think of her as one of the most impactful professors I had during law school. My thoughts go out to her family in this time of loss. - Lori Kepner, class of '03

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Role Model, Colleague, Innovator, Gal Pal 

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Role Model, Colleague, Innovator, Gal Pal 

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Eleanor helped give me a home at Berkeley Law. I was a very young clinician - and there were scant few of us back in the 1980s, and Eleanor was our champion. She was the muscle behind the fight for a real clinical education and experiential learning program. The amount of time, work, massaging, cajoling and advocating she had to do to help birth the Center for Clinical Education was mind-boggling. But she persevered … there was never any question she would.

She gave me a home in another sense. Our offices were near each other - come to think of it, there were a bunch of women on the 6th floor of Simon. I guess that was beshert - a favored Jewish idea of something “meant to be.” Eleanor’s door was always open to any (or all) of us. Somehow or other, no matter what we were talking about, we always ended up kidding around with each other. We laughed so hard together. It was really comforting - and necessary - to have a gal pal in the building back in those days when there were just not that many of us!

I admired and looked up to Eleanor. I guess I never asked her age. Now I know we were only 3 years apart in age, and maybe that’s why our friendship shared some similar touchstones despite our differences in background and life experience. We never socialized in any formal sense, but there was a kinship that enriched my life immeasurably.

I loved seeing Bob stop by and watching their beautiful relationship in the small moments that tell so much. She left him and the rest of the family way too soon. She was a very special woman, and I will cherish her deep in my heart always.

Patty Blum

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It’s hard to overstate my good fortune in arriving at Berkeley Law as a young lawyer and clinician to find myself co-teaching with the incomparable Eleanor Swift. Many people know about Eleanor’s central role in creating the law school’s experiential education program, but not enough know that she wasn’t just the advocate and architect. She rolled up her sleeves and co-taught – first with Steve Sugarman, and later with EBCLC staff, including me – the companion seminar that EBCLC students took as part of their clinical training.

I learned so much from Eleanor in those formative years about teaching, working with colleagues, and making institutional change, and I was privileged to benefit from her mentorship and friendship for more than three decades. I was beyond honored in 2017 to be asked to write an essay for a celebration of Eleanor’s storied contributions to the law school and the profession, with a focus on her legacy in building our vibrant public interest program. I share it here in her memory, may it be a blessing to all whom she loved and touched.

-Jeff Selbin

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She was smart, witty, kind and generous in sharing her time and wisdom with students. She inspired many women, including me, to strive for more in the profession. My favorite story from Prof. Swift: she was eager to be chosen for jury duty; she finally made it to voir dire; she knew if she confessed she was an evidence expert, she would not be chosen. So when she was asked her occupation, she said "teacher." She was then asked "where" she taught; she answered "UC Berkeley." She was then asked "which department at UC Berkeley," and she answered "Boalt Hall." She could see the end coming... She was asked "What subject do you teach at Boalt Hall" and she answered "Evidence." Her dream of serving on a jury was dashed! May her memory be for a blessing. - Niloofar Bina Shepherd (f/k/a Niloofar Nejat-Bina), class of '99

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My first year was also Eleanor's first year teaching at Berkeley Law. She was such a breath of fresh air - smart, careful, kind. But also warm, elegant and gracious! Her litigation experience was always evident in her care for details. She made Civ Pro come alive for me. I remember a comment she wrote on my final: "A bit strident, isn't this?" Later as a practitioner, I often recalled her many gems of wisdom, sometimes with a smile. I always remember her fondly. My condolences to her family and friends.

Anna de Leon

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When I arrived at the law school in the summer of 2006, my office was across the hall from Eleanor's. As I managed the challenges of teaching and engaging law students, I regularly came to her with questions, and she was always generous with her time, listening to my questions and providing often very useful advice. I know that it would have been much, much harder for me those first few years without her guidance, and even more her friendship and warmth. I'll miss her greatly.

Eric Biber

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I love the law of evidence and it is in no small part due to Prof. Eleanor Swift. She was fiercely intellectual, very rigorous, and a wonderful teacher. I returned to Berkeley for my 25th reunion and she reached out to me. I was really touched. What a great role model she was for women lawyers of my era! I send condolences to her family and to the Berkeley Law family who grieve her loss.

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I took Dean Swift's Civil Procedure, Evidence, and Advanced Evidence classes; wrote a CLR note once about how she shaped my young legal career; relied on her remarkable guidance in working with the law school on behalf of CLR; and have used her teachings in my trial work and life for some 25 years.  She also helped me get my first summer job and clerkship and more than once helped me find my bearings during tough stretches at school.  I know of no more kind or devoted teacher, no one who taught us students to think more clearly or empathetically, or who had a better smile and laugh.  You are so deeply missed.

Matt Kline (Class of 1999)

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I loved going to Professor Swift's classes, and I have to think that nudged me in the direction of becoming a trial lawyer.  She was elegant, funny, and relentlessly logical in explaining chains of probitive value.  She epitomizes for me what a law professor should be, and I will miss her.

Tom Fletcher, '07

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I got to take Evidence from Professor Swift, which I think was her first law school class. When she came up for tenure and was initially turned down by the law school tenure committee, I was still a JD student. She hired Equal Rights Advocates (Boalt/Berkeley Law graduates) to represent her in suing UCB, requesting an impartial tenure committee be appointed from non law departments. After comparing her credentials with those of men who had recently received tenure, the new committee found Prof. Swift to be eminently qualified. She received tenure.

Her decision to fight for this was a feminist landmark; it's my understanding that until then it was typical for women denied tenure across the US to silently disappear.
We students backed her strongly, as did Prof. Marge Shultz, who was also up for tenure at Berkeley Law (then Boalt).

Nancy Lemon

(class of 1980, lecturer in Domestic Violence Law and director of the Domestic Violence Clinic/Practicum/Field Placement 1988-2022)

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“Finally there is the interest of justice. This is like a combination of cherry pie and motherhood. Who can really be against the interest of justice? You can always throw it in.” — Professor Swift

There is a lot to say about Professor Swift. But a lot of it is hard to put into words. What will stay with me forever is she prepared me like no other to be the litigator I am. To me, aside from being an icon with impeccable hairs She was a trusted advisor and a witty professor who made law accessible. I will miss her, yet carry her legacy with me.

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When I arrived at the Law School 40 years ago, no one, except Eleanor was speaking about the role of Experiential Learning in a student's legal education.  And no one was doing anything to add Experiential Learning to our offerings.  Thanks to Eleanor's vision and tenacity, the Law School now has a robust Clinical Program, supplemented by Practicums, Field Placements, and Simulation Courses.  Our students have been the beneficiaries of Eleanor's efforts.  And I personally have been the beneficiary of her efforts, having taught a variety of simulation courses for over 40 years at the Law School.  I regret that I never had the opportunity to teach with Eleanor because I would have learned so much.

Henry Hecht

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Professor Swift was a larger-than-life figure for me in law school. My friends and I were starstruck when we glimpsed her walking through the building with her characteristic mix of elegance and self-possession, and we aspired to her level of tenacity, intellect, and courage.

It was a dream to work with her down the road, as I did as director of the Henderson Center. I came to know new sides of her as a colleague, including her wit and warmth. Eleanor was not only a beloved member of our advisory council, and she was one of the Center's founders. She, along with Professors Angela Harris, Herma Hill Kay, and Rachel Moran brought the Center into creation almost 25 years ago. Her legacy makes my heart crack open--to think of the thousands and thousands and thousands and thousands of students who've been nurtured, challenged, and gone on to do good because of Eleanor...

Thank you for all you did and all you were, Professor Swift. We think of you all the time, always with respect and love and a little bit of awe, too. You are forever part of who we are and what we aspire to be.

- Savala Nolan, Thelton E. Henderson Center for Social Justice

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There was something about Prof. Swift, the way she taught the law.  Concepts of evidence that seemed obtuse and cumbersome in my mind were fluid and clear in her hands.  She had such a graceful way of unpacking the challenges of the federal rules; what seemed hard as I walked into class was so much easier when I left.

I eagerly took as many classes as I could from Prof. Swift, including my favorite class in law school, Civil Justice Workshop.  She co-taught it with Prof. Bundy, and I'll never forget it.

I'd long wanted to be a plaintiff's attorney, which made me a bit of a stranger in a strange land at Berkeley Law, at least back at that time.  Profs. Swith and Bundy were so incredibly supportive of my dream in and out of that class.  I still think about the speakers they brought in, and the discussions we had in that seminar.  I'll also never forget the final project, in which I wrote a letter to my future self.  Prof. Swift's response to that letter, and the way she supported my dreams, reinforced in my mind that I was on the right path in life.

Prof. Swift is a figure in my life that will always be a guidepost.  I have and will always reflect on the role she played in shaping my life, and I will always be grateful to her.

Spencer Pahlke, '07

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I admired and loved Eleanor.  She was my big sister when I arrived at the law school in 1983.  She gave me invaluable and candid advice and encouraged me as I learned to be an effective teacher in my own style and as I began writing on a challenging topic, the Takings Clause.  Later, I cheered Eleanor on as she challenged her tenure denial.  When she prevailed, I celebrated with her family at Eleanor and Bob’s home.

Over the years, Eleanor and I and other like-minded faculty strategized about how to bring greater diversity to the law school faculty and to the student body, how to introduce clinical education at the law school, and how to make wise decisions regarding new law school deans. We took these issues seriously and were earnestly committed to the welfare of the law school.

Eleanor and I rejoiced as more women were gradually added to the faculty.  We supported our new colleagues in their scholarship and their teaching.  We also celebrated personal milestones with them.  For example, Eleanor held baby showers for women faculty at her home.  She and I marveled at the size of the group and how we had become elders within the sisterhood. These were wonderful gatherings, full of laughter and goodwill.

Eleanor and I were dear friends for forty years, and it is so hard to believe she is gone.  I will miss her.

Andrea Peterson

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Eleanor and I started law school together at Yale in 1967. It was not the most welcoming of environments for women then; I believe only eight members of our class were women. Yale College had not yet admitted women, and as a result the campus was distinctly male (e.g., women were not permitted in the main gym). In her notes for our 50th reunion, Eleanor observed that one woman was placed in each of the seven small sections in the first semester, which she characterized as “a move which only intensified the women’s isolation.” Despite all that, she thrived at the law school and I regarded her as a friend.

Joel I. Greenberg

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What Eleanor Taught Me About Evidence and Life

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What Eleanor Taught Me About Evidence and Life

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Like so many others, I can attribute a significant amount of any success I have as a teacher and scholar to Eleanor’s courage, generosity, and kindness. She was such a decent, elegant, virtuous person, without being sanctimonious or stuffy. I felt both totally comfortable with her, but also like my posture improved a little bit just being in her orbit. I always found it intriguing that she bristled at the word “beloved” to describe herself (or anyone else) as a teacher, even though she was, indeed, so beloved. Maybe it’s because she thought that word took the focus away from the real mark of a great teacher, the students’ own growth as legal problem-solvers. She came to my evidence class early on and was supportive but had 2 pages of notes and told me I should bring my authentic self to the table more - she was right, of course. But my favorite lessons from Eleanor weren’t about the classroom or institutional politics (though those lessons were so valuable); they were about evidence law and scholarship. Eleanor drilled into me the fact that the rules of evidence are not there to sanitize the courtroom of, or protect jurors from, unreliable evidence. Rather, they are meant to ensure that the factfinder has the necessary context to accurately determine the probative value of evidence. See, e.g., A Foundation Fact Approach to Hearsay (Calif. L. Rev. 1987). She read every one of my evidence-related papers and tore apart one in particular – gently and constructively, of course, but in a way that totally changed the way I write. The Wigmore Lifetime Achievement Award in 2022 clearly meant a lot to her, because of how much evidence law meant to her. I’m glad she was able to be recognized in this way for her scholarship and contributions to the field, in addition to her legendary teaching. I still want to be Eleanor when I grow up.

Andrea Roth

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What a gift Eleanor Swift was to her students and her colleagues.  Having Eleanor as a colleague and mentor was certainly was a gift to me.  I was a little in awe of her before we met, having read her scholarship.  But like everyone else who had the good fortune to come within Eleanor’s orbit, I quickly learned that her formidable intellect was matched by uncommon courtesy, generosity, and good cheer.  Eleanor was a priceless colleague and a wonderful friend.  She was supportive and encouraging (but also insightful and constructive in her criticism) when I wrote about subjects she knew far better than I did.  She was enthusiastic about teaching, and a joy to talk with about law school pedagogy—or about anything else, for that matter.  And she loved Berkeley Law, despite how hard she had had to fight to get the school to treat its women faculty fairly.  Eleanor will always be a model for me of what it means to be a responsible scholar, teacher, and academic citizen.  I’m heartbroken that she is gone.

David Sklansky

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She was among a very few favorite professors I ever had.   Mostly because she was an excellent teacher.  She was also a mentor and the first law professor I connected with and made me feel like I would succeed in this profession.  I will always be grateful to her for that.

Maria Bernstein

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Oh, Eleanor Swift, one of my favorite professors.

I remember her from my first days of working at Berkeley Law.

She stood out as the most well-dressed and elegant professor.

She was always dignified, even while persistently pushing her own overhead projector down the hall.

Eleanor’s preference was for teaching in room 100.  She was very friendly to us in the Media Services Dept., but if the a/v equipment didn’t work, she could be stern.  We try to respond to trouble in a hurry, but we jumped a little bit faster and higher for Eleanor, because we respected her so much.

The last time I saw her, she was excited to tell me about her work with the Women’s Faculty Club, including arrangements for a new patio, which she hoped would draw people out together to mix and exchange ideas.

Now, I always think fondly of Eleanor Swift whenever I pass the WFC.

Catherine Shaffer

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I joined the faculty in 2005 from practice, and my first memory of Eleanor is meeting her for drinks at a restaurant near campus when I was on my recruiting visit.  I had never lived on the west coast and was nervous about the prospect of moving so far from friends and family, but Eleanor's confident "You seem like a Californian" was enough to make me take the leap.

As with everything, she was right.  And over the five years that I was privileged to be a junior faculty member at Berkeley Law, Eleanor was both an inspiration and a guide.  She was steadfast in her support of junior faculty, and especially junior female faculty.  She read every draft I wrote and offered comments, and boosted me up every time my confidence wavered. She made a point to celebrate my successes both professional and personal.  And as if her brilliance and kindness was not enough, all the juniors were also in awe of her effortless cool as every morning she jumped off her Vespa, impeccably dressed with each strand of hair perfectly in place.  She was funny, strong, smart, generous with her time, and had a deep sense of purpose.  She loved Berkeley so much that even when it mistreated her, she found the resolve to make it a better place rather than walk away, which served as an inspiration to so many of us junior women.

Having Eleanor in my corner was crucial to my early success as a scholar and teacher, and she will be deeply missed.

Erin Murphy

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I'll venture the claim that during her time on the faculty, no one did more than Eleanor Swift to to transform the law school's culture and educational mission.

When Eleanor joined the faculty in 1979, there were few women faculty and the culture of the senior faculty was sexist and unwelcoming to women.  Over the course of several years, at least one untenured woman left for another school, and two, Marge Shultz and Eleanor, were denied tenure.  Drawing on her remarkable internal resources and her skills as a litigator, Eleanor filed a privilege and tenure grievance against the Law School and prevailed when a review panel found that her scholarship was of comparable quantity and quality to men who had been recently granted tenure.

Eleanor would have been the first to say that she was not alone--her cause found supporters in many quarters.  And others, like Marge Shultz, also took a leading role.  But Eleanor's personal courage, steadfastness and skill was essential to bringing and winning a claim that many believed was doomed to fail. The success of her her claim helped to trigger a reexamination of gender discrimination in the law school and across the campus.  For this alone, she was and remains a heroic figure to me and to many others.

When Eleanor rejoined the faculty she took the central role in the most important curricular reform of the last 40 years--the establishment of Berkeley Law's program of internal clinics, which the School had for many years resisted on pedagogical and financial grounds.  At the direction of Dean Kay, Eleanor chaired a committee charged with exploring the potential and means for establishing such clinics.  Over a multi year period she traveled the country to identify available models and best practices.  Then, she and her Committee persuaded the Dean and the faculty to establish the school's first in house clinic and developed much of the model for clinical education that the School follows today.  Again there were many hands, but Eleanor took a central role, both in questions of institutional design and practical politics.  Over the years, she stayed with it, continuing to advise and support the program as it added clinics, developed a governance structure, and advanced the professional standing of clinical faculty members.

The core of Eleanor's career, though, was in the classroom.  She was simply a miraculous teacher, whose evidence classes were always hopelessly oversubscribed.  I was not her student, but I did have a chance to teach a small class with her for a couple of years and I got some sense of her method.  As I saw it, Eleanor focused on trusting students, encouraging and challenging them to take risks and to grow as lawyers and independent thinkers, while supporting them with clear structure, unfailing kindness and gentle wit.  I was more top down, more devoted to control and precision, but Eleanor persuaded me to take more risks, and trust the students more.  In the class that we taught together, that trust was repaid many times over, as our students took responsibility for the process and sustained some of the most remarkable classroom discussions I have ever seen.   It was a memorable experience for all of us.  I can only imagine how her method played out over thirty five years of classes in civil procedure and evidence--but cumulatively it must be one of the greatest teaching legacies in the history of the school.

Eleanor was also, for her whole career, the faculty's foremost advocate for the recognition and encouragement of excellent teaching.  The much more systematic attention that the school now devotes to those issues is a direct result of the culture that she did so much to foster.

It would be easy, in all this, to miss Eleanor's kindness and generosity to students, staff and colleagues.  Though she achieved her tenure over the objection of the majority of the faculty, and though she advanced institutional reforms that were often controversial, she was unfailingly kind and gracious in every professional and personal interaction.  For many students and colleagues, her sympathy, support and counsel were central to their ability to survive and thrive at Berkeley and to their professional success.

No account of Eleanor would be complete without mention of her family and especially Bob Cole, who was Eleanor's colleague and academic mentor before they each became the loves of each other's lives.   Eleanor and Bob were profoundly compatible in many dimensions: their shared interest in evidence, in teaching, and in social justice, their enduring sense of romance, and their love of their children and grandchildren.  Our hearts go out to Bob, to Eleanor's son Ben and Bob's children Adam, Sarah and Felicia, and to their grandchildren.  May Eleanor's memory be for a blessing for them and for the entire Berkeley Law community to which she gave so much.

Steve Bundy

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Kathryn Abrams, Herma Hill Kay Distinguished Professor of Law, interviews Eleanor Swift, Professor Emerita of Law

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Professor Emerita Eleanor Swift — a pathbreaking Evidence scholar who was both a trailblazer for women in legal academia and a beloved mentor to countless students — died Sept. 20, Berkeley Law Dean Erwin Chemerinsky announced. Swift joined the faculty in 1979 and retired from teaching in 2014.

In an email to the law school community, Chemerinsky noted Swift received the school’s Rutter Award for Teaching Distinction as well as UC Berkeley’s Distinguished Teaching Award and served as associate dean under Herma Hill Kay. Over many years, she played “a crucial role in the development of every aspect of the law school’s clinical, skills, and legal writing programs.”

“None of this begins to capture how vital she was to Berkeley Law and the Berkeley campus for decades,” Chemerinsky wrote, adding that the school will hold a memorial service for Swift.

The fifth woman hired to the law school’s faculty, Swift became an eminent scholar, particularly in Evidence. She also made it her mission to mentor women, both inside the classroom and in her research field. She twice chaired the Evidence Section of the Association of American Law Schools, and received the 2022 John Henry Wigmore Award for Lifetime Achievement from that section. For all her public achievements, it was her devotion to creating the clinical programs and her personal inspiration of students and her mentoring of younger women faculty that most capture her career.

“She has inspired generations of female law professors to ‘think big’ and enter an area of research that has historically been shaped by the work of male law professors,” Penn Law Professor Jasmine E. Harris said.