Ameriean Bar Foundation

I

Annual Report

1966-1967

American Bar Foundation

1155 East 60th Street

Chieago, Illinois

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In Memoriam

With deep regret, the death of John Cobb Cooper is re­corded. Mr. Cooper, who died on July 22, 1967, was the first administrator of the American Bar Foundation and served as such from 1954 to 1958. In Febmary 1967 the Fellows of the American Bar Foundation had presented Mr. Cooper with a Special Certificate memorializing his contributions to the Foun­dation and to the law and the legal professioB.

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Publieations

In the year ending June 30, 1967, the Foundation published the following works:

Christensen, Lawyer Referral Service. Project on Availability of Legal Services. Tentative Draft. 36 p.

Christensen, Specialization. Project on Availability of Legal Services. Tentative Draft. 44 p.

International Directory of Bar Associations. 2d ed. 33 p. Opinions of the Committee on Professional Ethics, with the

Canons of Professional Ethics Annotated and the Canons of Judicial Ethics Annotated. 1967 ed. 725 p.

Temple Lang, The Common Market and the Common Law. 573 p. Published by the University of Chicago Press.

T iffany, Mci ntyre, and Rotenberg, Detection of Crime: Stop­ping and Questioning, Search and Seizure, and Encourage­ment and Entrapment. 286 p. Published by Little, Brown and Company.

Research Contributions of the American Bar Foundation:

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No. 1, 1961.-Reflections on Four Studies of the Legal Pro­fession, by Geoffrey C. Hazard, Jr. 9 p.

No. 2, 1961.-Mental Illness and the Criminal Law: Is Com­munity Mental Health an Answer? by Arthur R. Mat­thews, Jr. 14 p.

No. 3, 1967.-Review of Skolnick, Justice Without Trial: Law Enforcement hi Democratic Society, by Geoffrey C. Hazard, Jr. 9 p.

No. 4, 1961.-The Intensive Search of a Suspect's Body and Clothing, by Donald M. Mcintyre, Jr., and Nicholas Chabraja. 7 p.

The current catalog, which lists all of the Foundation's pub­lications, is available on request. Address requests to Founda~ tion Publications, American Bar Foundation, 1155 East 60th Street, Chicago, Illinois 60637.

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~ontinuing Aetivities

Samuel Pool Weaver Essay Competition

The subject of the Sixth Annual Samuel Pool Weaver Con­stitutional Law Essay Competition was "Church-State Rela­tions." The winning essay, "The Homogenized Wall," was writ­ten by Harold D. Hammett, a practicing attorney in Fort Worth, Texas.

As noted in last year's Annual Report, the prize has been in­creased to $2500 and the con1petition topic broadened so as to attract a wider range of entries. That this cl1ange has been ad­vantageous was shown by the increased number of entries and the higher level of scholarship.

The subject for the Seventh Annual Competition is "Pro­cedmal Rights and the Incorporation Doctrine."

Fellowships in Legal History

Four fellowships in Legal History were awarded in 1967. Jonathan Lmie, a candidate for the Ph.D. in American history at the University of Wisconsin, was awarded a fellowship for the academic year. His research concerns the grain market and its legal regulation in Illinois in the last quarter of the 19th century. Professor William M. McGovern, Jr., of the School of

Law, Northwestern University, was awarded a summer fellow­ship to permit him to further his study of the interpretation of the Statute of Frauds from the time of its enactment in 1676 to the present. Professor William D. Driscoll, Department of His­tory, Seton Hall University, was awarded a summer fellowship to pursue a study of the background and development of the New York statutory revision of 1828. Mrs. Janelle Greenberg, a candidate for the Ph.D. in history at the University of Michi­gan, received a summer fellowship to aid her in completing her dissertation, which deals with the power of the English king to suspend the operation of statutes for the benefit of particular individuals.

The fellowships, established to encourage original research in Anglo-American legal history, are available to law school grad­uates and to holders of the Ph.D. and candidates for the Ph.D. in history and related subjects.

The 1967 Lawyer Statistieal Report

The analysis of the data from Martindale-Hubbell's Seventh Triennial Statistical Report on the Lawyers of the United States has been completed. The published report, The 1967 Lawyer Statistical Report, will be available early in 1968.

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Con-tinning Projee-ts

The Mentally ID and the Law

The manuscript on the process of civil commitment, by Ron­ald S. Rock, has been completed and is being prepared for publication, which is expected next summer. The report of the study of the mentally ill and the criminal law, by Arthur R. Matthews, Jr., is now in first draft and will require a substantial reworking that may take most of this year.

Law of Activities in Space

This manuscript, under the joint authorship of S. Houston Lay, California Western University, and Howard S. Tauben­feld, Southern Methodist University, has -now been completed and is in the hands of our editorial staff; publication is planned for autumn 1968. It is expected that this work will be an im­portant contribution to a most complicated and rapidly chang­ing area of the law.

Corporate Debt Financing Project

The "Model Debenture Indenture Provisions-1967" for all

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registered issues and the related "Sample Incorporating Inden­ture-1967" have been completed; general distribution began a few weeks ago. The Commentaries on the Model Provisions are substantially complete, and are expected to be published in late winter.

Criminal Justice Administration

Series on Administration of Criminal Justice in the United States. With the publication of Detection of Crime there re­main two volumes to complete the series. Sentencing by Robert 0. Dawson of Washington University, St. Louis, is now in the hands of the Foundation's editors and we hope for pub­lication in mid-1968. Prosecution by Frank W. Miller, also of Washington University, is being read by Frank J. Remington, general editor of the series, and, when he completes this read­ing, we will begin our editorial process.

Law Enforcement in the Metropolis. Several years ago, the staff of the Survey of the Administration of Criminal Justice compiled a massive working document on the basis of the field reports, detailing the actual process of administering criminal justice in the three urban areas studied. This autumn the Foundation published an edited, condensed, and updated ver­sion of this document, with special emphasis on Detroit. This volume, Law Enforcement in the Metropolis, was prepared by Donald M. Mcintyre, Jr.

Cost/Benefit Analysis. In an arrangement with the Ford Foundation three years ago, we undertook several studies of subjects identified as critical in the course of our initial study of the administration of criminal justice. One such study which evolved is the economic analysis of the administration of crim­inal justice and the development of a cost/benefit analysis of its administration. Professor Simon Rottenberg of the De­partment of Economic and Business Administration at Duke University is carrying out this study. Professor Rottenberg be­gan work on his project part time in January 1967, was in resi­dence at the Foundation for the summer of 1967, and will return in January 1968. It is expected that his basic monograph will be ready by next summer and that a conference addressed

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to that monograph and papers by other scholars on related aspects will follow.

The Prosecutor's Office. Another study under the Ford grant concerns the functions of the prosecutor's office. The research design is focused upon the proposition that the office of the prosecutor in the United States could be modi£ed from e sen­tially a litigation office to one approximating a "ministry of justice," similar to the Home Office in Great Britain or analo­gous agencies Jn Europe. This design was approved by Ford in June and work has began under the direction of Donald M. Mcintyre, Jr.

Defense Counsel. The third subject requiring detailed anal­ysis is the function of the defense counsel in criminal cases. Various facets of the problems involved in providing defense counsel and determining their role have been touched upon in Foundation studies, as well as other works. However, little attention has been given to the problem of the effects of pro­viding defense counsel on the goals and processes of the ad­ministration of criminal justice, particularly with reference to processes such as probation. The plan for this study is still in the initial stage and will be formulated more precisely under the guidance of Ronald S. Rock of the foundation staff before it is submitted to Ford for approval.

Chronic Public Inebriates. William B. Eldridge has substan­tially advanced the research design for a study of the handling of chronic public inebriates. The concept of this project, as originally outlined to the Ford Foundation, has been revised in light of changes in the law and of the report on alcoholics made by the Presidents Commission on Law Enforcement and the Administration of Criminal Justice.

Legal Serviees for the Poor

By July 1967 the initial studies of Legal Services for the Poor, .fruanced under grant from the Office of Economic Op­portunity, were approaching completion. The empirical studies conducted by Lee Silverstein and consisting of questionnaire inquiries into the standards of eligibility that have been em­ployed by legal aid agencies have been completed and ap-

peared in the Journal of Urban Law in the fall of 1967. Mr. Silverstein's study concerning the administration of in forma pauperis provisions is also complete and was published this fall in the Valparaiso University Law Review. Both studies are being reprinted under the imprimatur of the American Bar Foundation as part of a series of reports reflecting our re­searches in this subject.

The report of the pilot inquiry into the legal services avail­able to the poor in Peoria, Illinois, is near completion and will be published under separate cover as part of the above men­tioned series.

The first study of legal services for the poor was an explora­tory and general one for the Foundation. It raised questions that obviously need to be pursued further. By far the most sig­nificant issue raised was that involving utilization of legal services by the poor. The field investigation indicated that establishing a legal service program in a community is no as­surance that the majority of the poor who are eligible for its services will be aware of the program, let alone use it. Some of the factors that inhibit or promote the use of legal services were suggested by the study, and it was felt that further investiga­tion of these factors would be valuable. This new investigation, also supported by the Office of Economic Opportunity, began in June 1967. The project, to be completed in eighteen months, has four components: a survey of lawyers; a survey of social service agency personnel; a survey of the poor themselves; and a survey of legal aid clients. The four studies will be conducted in three cities by Foundation field research teams.

Availability of Legal Services

Barlow F. Christensen of the Foundation staff is conducting studies that provide background for the benefit of the ABA Special Committee on Availability of Legal Services. The studies will take the form of a book on the problem of provid­ing legal services to low and middle income groups. Three of Mr. Christensen's monographs have been published: one on Specialization, another on Lawyer Referral Service, and a third on Group Legal Services.

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The Canons of Ethics

The Foundation is providing research collaboration with the ABA Special Committee on the Evaluation of Ethical Stand­ards. Professor John Sutton of the Law School of the Univer­sity of Texas, the project director, has completed drafts on the entire subject. These drafts contemplate not merely a re­vision of present canons but a fresh reworking of the form and substance of their statement.

The Professional Ethics projects have progressed substan­tially. The 1967 edition of Opinions of the Committee on Pro­fessional Ethics was published in June 1967.

The opinions of the state and local bar associations are now being indexed and prepared for digest form by the Founda­tion's reference librarian, Olavi Maru. The work of collecting and arranging these opinions is formidable, as they have never before been assembled. Their publication will permit, for the first time, a systematic analysis of state and local decisions concerning the ethical standards of the profession.

Case Law Research by Computer

This project, not yet completed by William B. Eldridge of the Foundation and Sally F. Dennis of IBM, has already raised some strong questions about the present feasibility of the pro­posal made at Geneva during the summer of 1967 that there be a world computer bank of law. Even if it be assumed that it is of considerable public importance to be able to gain access to all the law of all nations, it is plainly doubtful whether a sophisticated searching system could now be established that would permit searching out case law at acceptable levels of ac­curacy and refinement.

Risk Assurance Systems in Title Transfers

Professor Walter B. Raushenbush of the University of Wis­consin Law School has been engaged in a pilot study of the problems encountered in trying to provide assurance, either

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through legal assistance or title insurance, against the various risks incident to the transfer of teal property. The pilot work is scheduled for oompletion during the forthcoming year.

Work and :Funetlon of the United States Circuit Courts of Appeals

This is a study of the changing patterns of judicial hl.lSines$ in the United States Courts of Appeals, and particularly the problems presented by the sharp increase in the size of the dockets over the last five years. The objective of the study is to suggest ways in which the structure and procedure of the Courts of Appeals might be modified to enable them to handle more expeditiously this volume of work The project is under the direction of Profes~or Paul D. Carrington of the Law School of the University of Michigan.

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New Proje~ts

Judicial Removal, Discipline, and Compulsory Retirement

This project, which is under the supervision of William T. Braithwaite of the Foundation, has progressed considerably since its inception in the spring of 1966. Five cities, .in jurisdic­tions having substantially different procedures for dealing with the problems, were selected for in-depth studies of their retire­ment and removal policies: Chicago, St. Louis, New York City, Newark, New Jersey, and Oakland, California. The aim of these studies is to develop a description of retirement and removal procedures and to formulate a basis on which to compare the effectiveness of procedures. Repo1ts from the five cities will be synthesized into one general report upon completion of the research.

Legal Problems of Computerized Public Records

The UCLA Law Review is conducting a project, under a grant and pursuant to guidelines from the Foundation, on the legal problems arising or anticipated from the increasing use by various public agencies of computerized methods of storing

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and retrieving data concerning individuals. This project, begun in spring 1967, appears to be progressing satisfactorily and we may expect a monograph by spring 1968.

Substantive Tax Reform

Appropriation was made by the Foundation directors to enable Arthur B. Willis, in consultation with the ABA Special Com­mittee on Substantive Tax Reform, to extend his investigation of techniques for evaluating the impact of various substantive tax law reforms. The project involves work with a computer, seeking to develop the means for assessing the impact of pro­posed reforms, singly and in combination.

Study of "Implied Consent" Statutes in Enforcement of Drunk Driving Laws

The Foundation has entered into a contract with the Na­tional Highway Safety Bureau for a study of the effects of "implied consent" statutes on the enforcement of the laws against drunk driving. Professor Edward Hunvald of the Law School of the University of Missouri is the project director. He has established collaboration with the Missouri Law Review staff, which is doing the principal field work, concentrating initially in St. Louis and Kansas City, Missouri. The report of the research will be published by the Missouri Law Review and subsequently under the imprimatur of the American Bar Foundation.

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Projeet Developlllent

Law of Oeean Resourees

Professor Ronald Coase of the University of Chicago is di­rector of the pilot work for this analytical and bibliographical study of legal problems relating to the use of ocean resources. A monograph constituting a genera.I perspective of the prob­lems will be developed that will suggest lines of more specific inquiry that can be pursued in years ahead.

Courtroom and Courthouse Faeilities

A research design has been worked out as. a result of the col­laboration of the Foundation with the ABA Committee on Comtroom Facilities of the Section of Judicial Administration and the Chicago chapter of the American Institute of Archi­tects. This design calls for a study to be performed by the School of Architectme of the University of Michigan, in col­laboratfon with the Law School of the University of Michigan and an ad isory group compo d of lawyers, architects, and public officials concerned with the design and con tructioo of court facilities.

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Edoeation Law

Dean William E. Hazard of the School of Education, North­western University, is working on a plan of a pilot study of the law relating to public schools of three states chosen for their general importance and the assumed typicality of their school law. These states are Illinois, New York, and Texas. The Foundation will devote pilot project funds to pursue this study.

Effeetive Utilization of Jurors

A pilot study is now under way that deals with the efficient use of jurors in trial courts. The study is endorsed by the Judicial Conference of the United States and researchers will seek the cooperation of that Conference's Committee on the Operation of the Jury System. It is expected that this study will consist of an analysis of the administrative procedures by which jurors are selected and deployed for service in trial courts.

Model Probate Code

In collaboration with the National Conference of Commis­sioners on Uniform State Laws, the Foundation has sponsored a project to develop a Model Probate Code. A basic draft should be completed by early 1968.

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Personnel

During the past year, two of our senior attorneys have left us, and three senior and two junior research appointments have been made.

Lee Silverstein resigned as Research Attorney in May 1967 to assume the position of Director of Research and Publica­tions for the National Legal Aid and Defender Association. S. Houston Lay resigned as of August 1967 to accept the posi­tion of Professor of Law at California Western University.

Professor Jerome H. Skolnick, formerly of the University of California, Berkeley, and author of the recent Ju tice Without Trial: Law Enforcement in DemoDrnt'ic Society, has accepted a part-time appointment at the Foundation as a project director and consultant. He will also l)e teaching in the Department of Sociology at the University of Chicago and be affiliated with the Center of Studies in Criminal Justice at the Law School of the University. It is contemplated that Professor Skolnick will participate in and direct a program of research worked out jointly with the Foundation and the Center for Studies in Crimfoal Justice.

Mrs. June L. Tapp, previously with the Committee on Hu­man Development at the University of Chicago, joined the staff in September as a ·taff consultant. She will be doing a per pective of legal processe from points of view developed in research in which she has been engaged, particularly con-

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cerning the way in which people recognize and respond to lawful authority.

Mr. Lawrence E. Freeman joined the Foundation in June 1967 and has been working on the research design for the study of marriage conciliation services. Mr. Freeman, a statistical analyst, has been previously engaged in various forms of re­search in administrative and management processes, including work with several private companies and the Illinois Depart­ment of Public Aid.

The two new members of our junior staff are Albert Katz and Fredric R. Merrill. Mr. Katz is a graduate of the Law School of the University of California, Berkeley; Mr. Merrill is a graduate of the Law School of the University of Michigan and has been in private practice for several years in Portland, Oregon.

Professor Preble Stolz of the Law School of the University of California, Berkeley, joined the Foundation during spring 1967 as scholar-in-residence. During that time, Professor Stolz devoted his attention to an analysis of the problems involved in formulating and implementing a program of prepaid insur­ance for legal expenses. This project was completed during his stay and his main report will appear in a forthcoming issue of the University of Chicago Law Review.

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The Fellows of ihe

Ameriean Bar Fonndaiion

The eleventh annual meeting of The Fellows was held in Houston, Texas, in February 1967 just prior to the midyear meeting of the American Bar Association. Edward Lawler, Memphis, Chairman of The Fellows, presided at a series of functions for the 700 members, their wives, and guests in at­tendance. At the annual dinner, the following awards were presented:

Research in Law and Government

to HERBERT WECHSLER of New York City, Director and Secretary of the American Law Institute. Norris Darrel, Presi­dent of the ALI, accepted the award on behalf of Mr. Wechsler.

Fifty Years in the Practice of Law

to ROBERT W. UPTON of Concord, Massachusetts.

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I

p

Honorary Memberships

to the Honorable WILBUR D. MILLS, Congressman from Arkansas and Chairman of the House Ways and Means Com­mittee.

Special Certificate of Recognition

to JOHN COBB COOPER, first administrator of the Ame.dean Bar Foundation. Harold Gallagher accepted the awarcl · fqx Mr. Cooper.

The following new officers of The Fellows were elected: C. Brewster Rhoads, Philadelphia, Pennsylvania, Chairman; John B. Burke, St. Paul, Minnesota, Vice-Chairman; and E. Dixie Beggs, Pensacola, Florida, Secretaty.

At the end of the Foundation year, the statistics on member-ship in The Fellows were:

Members Life Members Members-at-Large Honorary, transferred,

and inactive TOTAL

755 453 26

20 1254

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Offieers

Board of Directors

Ross L. Malone, President, General Motors Corp., 57th St. at Broadway, New York, N.Y. 10019

Lewis F. Powell, Jr., Vice-President, 700 E. Main St., Rich­mond, Va. 23212

Robert K. Bell, Secretary, 801 Asbury Ave., Ocean City, N.J. 08226

Joseph H. Gordon, Treasurer, Puget Sound Bank Bldg., Ta­coma, Wash. 98402

Dudley B. Bonsal, U.S. District Court, New York, N.Y. 10007 Clarence A. Davis, Stuart Bldg., Lincoln, Neb. 68508 James D. Fellers, First Nat'l Bldg., Oklahoma City, Okla. 73102 Harold J. Gallagher, 1 Chase Manhattan Plaza, New York, N.Y.

10005 William T. Gossett, Penobscot Bldg., Detroit, Mich. 48226 Erwin N. Griswold, Law School of Harvard Univ., Cambridge,

Mass. 02138 W. Page Keeton, Univ. of Texas School of Law, Austin, Texas

78705 Earl F. Morris, Huntington Bank Bldg., Columbus, Ohio 43215 Phil C. Neal, Univ. of Chicago Law School, Chicago, Ill. 60637 C. Brewster Rhoads, 1421 Chestnut St., Philadelphia, Pa. 19102 Whitney North Seymour, 120 Broadway, New York, N.Y. 10005 Robert L. Stern, 231 S. LaSalle St., Chicago, Ill. 60604

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Executive Committee

Harold J. Gallagher, 1 Chase Manhattan Plaza, New York, N.Y. 10005

Phil C. Neal, Univ. of Chicago Law School, Chicago, Ill. 60637 Lewis F. Powell, Jr., 700 E. Main St., Richmond, Va. 23212 Whitney North Seymour, 120 Broadway, New York, N.Y. 10005 Ross L. Malone, Ex officio, General Motors Corp., 57th St. at

Broadway, New York, N.Y. 10010

Officers of the Fellows 1967-68

C. Brewster Rhoads, Chairman, 1421 Chestnut St., Philadel­phia, Pa. 19102

John B. Burke, Vice-Chairman, Minn. Federal Bldg., St. Paul, Minn. 55101

E. Dixie Beggs, Secretary, Box 1351, Pensacola, Fla. 32502

1966-67

Edward J. Lawler, Chairman, 2205 Sterick Bldg., Memphis, Tenn. 38103

Charles W. Pettengill, Vice-Chairman, Smith Bldg., Greenwich, Conn. 06830

Joseph A. Ball, Secretary, 120 Linden Ave., Long Beach, Cal. 90802

Administration

Geoffrey C. Hazard, Jr., Executive Director, 1155 E. 60th St., Chicago, Ill. 60637

William B. Eldridge, Assistant Executive Director, 115.5 E. 60th St., Chicago, Ill. 60637

Donald M. Mcintyre, Jr., Research Supervisor, 1155 E. 60th St., Chicago, Ill. 60637

Nohle Stephens, Controller, 11.5.5 E. 60th St., Chicago, Ill. 60637

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Standing ~ommittees

Budget

C. Brewster Rhoads, 1421 Chestnut St., Philadelphia, Pa. 19102 Robert K. Bell, 801 Asbury Ave., Ocean City, N.J. 08226 Joseph H. Gordon, Puget Sound Bank Bldg., Tacoma, Wash.

93402

Finance

Harold J. Gallagher, Chairman, 1 Chase Manhattan Plaza, New York, N.Y. 10005

E. Dixie Beggs, Box 1351, Pensacola, Fla. 32502 Harold H. Bredell, Circle Tower, Indianapolis, Ind. 46204 Edward W. Kuhn, 150 E. Court Ave., Memphis, Tenn. 38101 Orison S. Marden, 14 Wall St., New York, N.Y. 10005 Whitney North Seymour, 120 Broadway, New York, N.Y. 10005

Library Services

William R. Roalfe, Chairman, Northwestern Univ. School of Law Library, Chicago, Ill. 60611

Earl C. Borgeson, Law School Library of Harvard Univ., Cam­bridge, Mass. 02138

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Charlotte Dunneback, Lansing, Mich. Dorothy Orsini Jones, 2542 Ramsdell Ave., Louisville, Ky. 40204 Louise H. Prinz, 505 Montgomery County Courts Bldg., 41 N.

Perry St., Dayton, Ohio 45402 Cullen Smith, First Nat'l Bank Bldg., Waco, Texas 76701

Research

Richard Babcock, Chairman, 122 S. Michigan Ave., Chicago, Ill.60603

George E. Hale, 120 West Adams St., Chicago, Ill. 60603 J. Willard Hurst, Univ. of Wisconsin School of Law, Madison,

Wis. 53706 Francis R. Kirkham, StaI'dard Oil Bldg., San Francisco, Cal.

94104 Richard D. Maxwell, Univ. of Cal. School of Law, Los Angeles,

Cal. 90024 Phil C. Neal, Univ. of Chicago Law School, Chicago, Ill. 60637 Jerome G. ·shapiro, 1 Wall St., New York, N.Y. 10005 Stanley L. Temko, Union Trust Bldg., Washington, D.C. 20005

Special Committee for Samuel Pool Weaver Constitutional Law Essay Program

Rush H. Limbaugh, Chairman, 102 N. Main St., Cape Girar­deau, Mo. 63701

Stanley H. Fuld, 36 W. 44th St., New York, N.Y. 10036 Philip B. Kurland, Univ. of Chicago Law School, Chicago, Ill.

60637

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Proje~t Advisory

Com.m.ittees

Administration of Criminal .Justice

Walter P. Armstrong, Jr., Chairman, Commerce Title Bldg., Memphis, Tenn. 38103

Grant B. Cooper, 3910 Oakwood Ave., Los Angeles, Cal. 90004 Ray Forrester, Cornell Univ. Law School, Ithaca, N.Y. 14850 Theodore G. Garfield, 1109 Ridgewood Ave., Ames, Iowa 50010 Boris Kostelanetz, 52 Wall St., New York, N.Y. 10005 Edward H. Levi, Univ. of Chicago, 5801 S. Ellis Ave., Chicago,

Ill.60637 Whitney North Seymour, 120 Broadway, New York, N.Y. 10005 Arthur H. Sherry, Univ. of Cal. Law School, Berkeley, Cal.

94704 James V. Bennett, Special Adviser, .5840 Marbury Road, Be­

thesda, Md. 20034.

Conciliation of Disrupted Marriages Through the .Judiciary

~orris N. Hartman, Chairman, Room .'321, Hall of Records, Newark, N.J. 07102

Robert F. Drinan, S.J., Boston College Law School, Brighton, Mass. 021.'3.5

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Meyer Elkin, 111 N. Hill St., Los Angeles, Cal. 90012 Stanton L. Ehrlich, 1 N. LaSalle St., Chicago, Ill. 60602 Henry H. Foster, Jr., New York Univ. School of Law, New

York, N.Y. 10003 Sol Morton Isaac, 88 E. Broad St., Columbus, Ohio 43215 Florence M. Kelley, 135 E. 22d St., New York, N.Y. 10010 Mary Conway Kohler, 151 E. 80th St., New York, N.Y. 10021 Robert J. Levy, Univ. of Minnesota Law School, Minneapolis,

Minn. 55414 Max Rheinstein, Univ. of Chicago Law School, Chicago, Ill.

60637 Margaret K. Rosenheim, Univ. of Chicago School of Social

Service Administration, Chicago, Ill. 60637 Roger A. Pfaff, Consultant, Superior Court, Long Beach, Cal.

90012

Corporate Debt Financing

Ray Garrett, Jr., Chairman, 33 S. Clark St., Chicago, Ill. 60603 Robert C. Barker, 50 S. LaSalle St., Chicago, Ill. 60603 Lawrence Bennett, 1 Chase Manhattan Plaza, New York, N.Y.

10005 Walter H. Brown, Jr., 1 Chase Manhattan Plaza, New York,

N.Y. 10005 Dee M. Caligar, 1 Chase Manhattan Plaza, New York, N.Y.

10005 Eugene J. Conroy, Prudential Plaza, Newark, N.J. 07101 John J. Creedon, 1 Madison Ave., New York, N.Y. 10010 William J. DeLancey, Republic Bldg., Cleveland, Ohio 44101 Richard M. Dicke, 120 Broadway, New York, N.Y. 10005 Harry L. Dunn, 433 S. Spring St., Los Angeles, Cal. 90013 George D. Gibson, Electric Bldg., Richmond, Va. 23212 Paul F. Hannah, 75 Federal St., Boston, Mass. 02110 Melvin A. Hardies, 122 S. Michigan Ave., Chicago, Ill. 60603 Ray D. Henson, 310 S. Michigan Ave., Chicago, Ill. 60604 Harry P. Kamen, 1 Madison Ave., New York, N.Y. 10010 Homer Kripke, 40 Washington Sq. South, New York Univ. Law

School, New York, N.Y. 10003 Samuel Lord, Jr., 55 Wall Street, New York, N.Y. 10005

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John T. Maginnis, Esperson Bldg., Houston, Texas 77002 William H. Mathers, 25 Broadway, New York, N.Y. 10004 Roland Maycock, 1 Madison Ave., New York, N.Y. 10010 Ross McLeod, 8 Sylvan Lane, Old Greenwich, Conn. 06830 Warner H. Mendel, 1285 Ave. of the Americas, New York, N.Y.

10019 Grayson M-P. Murphy, 20 Exchange Plaza, New York, N.Y.

10005 Ray F. Myers, 231 S. LaSalle St., Chicago, Ill. 60690 Frank J. Pohl, 2323 Grant Bldg., Pittsburgh, Pa. 15219 Richard G. Powell, 48 Wall St., New York, N.Y. 10005 Thomas Reath, Philadelphia Nat'l Bank Bldg., Philadelphia, Pa.

19107 Churchill Rodgers, 1 Chase Manhattan Plaza, New York, N.Y.

10005 Donald G. Schenk, Prudential Plaza, Newark, N.J. 07101 Willard P. Scott, 99 Park Ave., New York, N.Y. 10016 Orvel Sebring, Fidelity-Philadelphia Trust Bldg., Philadelphia,

Pa. 19109 Charles ,V. Steadman, Union Commerce Bldg., Cleveland,

Ohio 44115 Herbert F. Sturdy, 634 S. Spring St., Los Angeles, Cal. 90014 William Wemple, 40 Wall St., New York, N.Y. 10005

Co-Directors: t Leonard D. Adkins Lawrence Bennett

Assistant Director: John S. Dole, 400 Madison Ave., New York, N.Y. 10022

Steering Committee: Churchill Rodgers Lawrence Bennett Walter H. Brown, Jr. Richard M. Dicke

Ray D. Henson RayF. Myers Orvel Sebring William Wemple

f Mr. Adkins served as Co-Director until his death on November 1, 1967.

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Commentaries Committee: William J. DeLancey Dee M. Caligar Eugene J. Conroy John J. Creedon Harry L. Dunn George D. Gibson Paul F. Hannah Melvin A. Hardies Harry P. Kamen

John T. Maginnis William H. Mathers Roland Maycock Ross McLeod Warner H. Mendel Richard G. Powell Donald G. Schenk Willard P. Scott Herbert F. Sturdy

Federal Tax Proeedure David W. Richmond, Chairman, 1001 Connecticut Ave., Wash­

ington, D.C. 20036 Edward B. Benjamin, Jr., Whitney Bank Bldg., New Orleans,

La. 70130 Brady 0. Bryson, 123 Broad St., Philadelphia, Pa. 19109 Mortimer M. Caplin, ll01 17th St., N.W., Washington, D.C.

20036 Laurence F. Casey, 70 Pine St., New York, N.Y. 10005 Adrian W. DeWind, 575 Madison Ave., New York, N.Y.10022 H. Brian Holland, 50 Federal St., Boston, Mass. 02ll0 Crane C. Hauser, 38 S. Dearborn St., Chicago, Ill. 60603 Charles W. Joiner, Univ. of Michigan, Hutchins Hall, Ann

Arbor, Mich. 48104 Benjamin Kaplan, Law School of Harvard Univ., Cambridge,

Mass. 02138 Seymour S. Mintz, 815 Connecticut Ave., N.W., Washington,

D.C. 20006 John S. Nolan, 1001 Connecticut Ave., Washington, D.C. 20036 Louis F. Oberdorfer, 900 17th St., N.W., Washington, D.C.

20006 Lipman Redman, 815 Connecticut Ave., Washington, D.C.

20006 Maurice Rosenberg, Columbia Univ. School of Law, New York,

N.Y. 10027 Hart H. Spiegel, ll1 Sutter St., San Francisco, Cal. 94104 William R. Spofford, Land Title Bldg., Philadelphia, Pa. 19110 Randolph W. Thrower, First Nat'l Bank Bldg., Atlanta, Ga.

30303

27

Comultants: Sheldon S. Cohen, U.S. Treasury Dept., Washington, D.C.

20224 Mitchell Rogovin, U.S. Dept. of Justice, Washington, D.C.

20224 Stanley S. Surrey, U.S. Treasury Dept., Washington, D.C.

20224

Judicial Removal, Discipline, and Compulsory Retirement

Robert Meserve, Chairman, 75 Federal St., Boston, Mass. 02ll0 Grant Armstrong, lll7 Boistfort St., Chehalis, Wash. 98532 Walter E. Craig, Federal Courthouse, Phoenix, Ariz. 85025 Ivan Lee Holt, Jr., Civil Courts Bldg., St. Louis, Mo. 63101 A. Leo Levin, Law School, Univ. of Pennsylvania, Philadelphia,

Pa. 19104 Daniel J. Meador, Univ. of Alabama, University, Ala. 35486 Joseph Weintraub, Supreme Court, 520 Broad St., Newark, N.J.

07102

Laws Relating to Space Activities

Arthur H. Dean, Chairman, 48 Wall St., New York, N.Y. 10005 Max Chopnick, 9 E . 46th St., New York, N.Y. 10017 Paul G. Dembling, Nat'I Aeronautics & Space Admin., Wash­

ington, D.C. 20546 Benjamin Forman, Ass't Gen'l Counsel, Dept. of Defense,

Washington, D.C. 20301 Joseph M. Goldsen, 1700 Main St., Santa Monica, Cal. 90406 John A. Johnson, Communications Satellite Corp., 1900 L. St.,

Washington, D.C. 20036 Milton A. Katz, Law School of Harvard Univ., Cambridge,

Mass. 02138 Leon S. Lipson, Yale Univ. Law School, New Haven, Conn.

06.520 David F. Maxwell, Packard Bldg., Philadelphia, Pa. 19102

28

Louis Harkey Mayo, George Washington Univ. Law School, Washington, D.C. 20006

Myres S. McDougal, Yale Univ. Law School, New Haven, Conn. 06520

Leonard C. Meeker, 3000 Chain Bridge Rd., N.W., Washing­ton, D.C. 20016

Gen. Martin Menter, Hq. ADC ( ADCJA), Ent. AFB, Colo. 80912

Horace P. Moulton, 195 Broadway, New York, N.Y. 10007 John J. Roscia, 1700 E. Imperial Highway, El Segundo, Cal.

90245 Walter D. Sohier, 63 Wall St., New Yoi:_~, N.Y. 10005

Legal History

Homer D. Crotty, 634 S. Spring St., Los Angeles, Cal. 90014 Robert F. Drinan, S.J., Boston College of Law, Brighton, Mass.

02135 Charles M. Gray, Dept. of History, Univ. of Chicago, Chicago,

Ill. 60637 Joseph H. Smith, Columbia Univ. School of Law, New York,

N.Y. 10027

Legal Researeh Methods and Materials

William J. Pierce, Chairman, Univ. of Michigan Law School, Ann Arbor, Mich. 48104

Vincent P. Biunno, 605 Broad St., Newark, N.J. 07102 James C. Dezendorf, Pacific Bldg., Portland, Ore. 97204 F. Reed Dickerson, Indiana Univ. School of Law, Bloomington,

Ind. 47405 Robert J, Farley, Univ. of Florida College of Law, Gainesville,

Fla. 32603 John F. Harty, Univ. of Pittsburgh, Health Law Center, Pitts­

burgh, Pa. 15213 Hobert A. Wilson, Meadows Bldg., Dallas, Texas 75206

29

Legal Services for the Poor

Robert Baldwin, Univ. of Wisconsin, Dept. of Economics, So­cial Science Bldg., Madison, Wis. 53706

Fred Cohen, Univ. of Texas School of Law, 2500 Red River, Austin, Texas 78705

Morris Janowitz, Univ. of Chicago, Dept. of Sociology, Chi­cago, Ill. 60637

Sheldon L. Messinger, Univ. of Cal., Center of Study of Law and Society, Berkeley, Cal. 94720

Edward V. Sparer, Columbia Univ. School of Social Work, 2 E. 91st St., New York, N.Y. 10028

Charles D. Susano, Jr., Hamilton Nat1 Bank Bldg., Knoxville, Tenn. 37902

Maynard J. Toll, 433 Spring St., Los Angeles, Cal. 90013

Mental Illness and the Law

Legal Advisory Committee: James V. Bennett, Chairman, 5840 Marbury Road, Bethesda,

Md. 20034 David L. Bazelon, U.S. Court of Appeals, Washington, D.C.

20001 John Biggs, Jr., U.S. Court House, Wilmington, Del. 19899 Stephen S. Chandler, U.S. District Court, Federal Bldg., Okla­

homa City, Okla. 73101 J. Frank Coakley, Alameda County Court House, Oakland, Cal.

94612 Edmond F. DeVine, 300 Nat'l Bank & Trust Bldg., Ann Arbor,

Mich. 48108 Norval Morris, Univ. of Chicago Law School, Chicago, Ill.

60637 John W. Oliver, U.S. District Court, Western District of Mis­

souri, Kansas City, Mo. 64106 Oliver Schroeder, Jr., Western Reserve Univ., Law-Medicine

Center, Cleveland, Ohio 44106

30

Psychiatric Advisory Committee: Gene L. Usdin, Chairman, 1400 Delachaise, New Orleans, La.

70115 A. E. Bennett, 2000 Dwight Way, Berkeley, Cal. 94704 Karl M. Bowman, 3831 Market St., San Francisco, Cal. 94131 William P. Camp, 200 Hughes Rd., King of Prussia, Pa. 19406 Robert H. Felix, Medical School, St. Louis Univ., 1402 S. Brand

Blvd., St. Louis, Mo. 63104 Francis J. Gerty, 8 S. Michigan Ave., Chicago, Ill. 60603 Karl Menninger, Stone-Brandel Center, 1439 S. Michigan Ave.,

Chicago, Ill. 60605 Alan A. Stone, McLean Hospital, Waverly, Mass. 02179 Raymond W. Waggoner, Univ. of Michigan, Dept. of Psychi­

atry, Ann Arbor, Mich. 48104

Model Business Corporation Aet

George D. Gibson, Chairman, Electric Bldg., Richmond, Va. 23212

Eugene J. Conroy, 745 Broad St., Newark, N.J. 07101 Ray Garrett, 11 S. LaSalle St., Chicago, Ill. 60603 Orvel Sebring, 2107 Fidelity-Philadelphia Trust Bldg., Phila­

delphia, Pa. 19109 Willard P. Scott, 99 Park Ave., New York, N.Y. 10016 Carroll R. Wetzel, 1600 Three Penn Center Plaza, Philadelphia,

Pa.19102

Work and Functions of United States Court of Appeals

Bernard G. Segal, Chairman, Packard Bldg., Philadelphia, Pa. 19102

Lindsey Cowen, Univ. of Georgia School of Law, Athens, Ga. 30601

Charles S. Desmond, N.Y. Court of Appeals, Albany, N.Y. 12207 Nathan B. Goodnow, Penobscot Bldg., Detroit, Mich. 48226 Leon Jaworski, Bank of the Southwest Bldg., Houston, Texas

77002

31

David W. Lowsell, Univ. of Ca1., School of Law, Berkeley, Cal. 94720

Thurgood Marshall, U.S. Supreme Court, Washington, D.C. 20530

Carl McGowan, U.S. Court of Appeals, Washington, D.C. 20001

Paul J. Mishkin, Univ. of Pennsylvania Law School, Philadel­phia, Pa. 19104

32

Finaneial Report

Fiseal Year Ended June 30" 1967

Combined Balance Sheet of Funds

Assets

Cash Certificates of Deposit, at Cost Marketable Securities, at Cost (Approximate Market

$715,600) Building and Equipment (Cost $3,768,318

Less Depreciation $649,981) Library Material Sundry Receivables and Prepaid Expenses

Liabilities

Accounts Payable Deferred Income Fund Balances:

General Fund Special Purpose Funds Building Fund Contributors Memorial Fund Future Development Fund

$238,120 264,024

3,193,320 111,695 320,479

$ 27,718 200,000

727,059

3,118,337 74,983 31,069

$4,179,166

$ 41,428 10,100

4,127,638

$4,179,166

33

General Fund

Income

Contributions and Grants: The Fellows of the American Bar

Foundation Ford Foundation American Bar Endowment American Bar Association

Royalties on Publications and Sales Space Occupancy Investment Income Miscellaneous

Expenditures

Project Development Service Projects Cromwell Library Department Servi~es

Total Income

$ 87,551 50,000

150,000 100,000

Total Expenditures

Excess of Income over Expenditures Before Appropriations

Appropriations - Research Projects Less Tranfer From Special Purpose

Funds - Legal History

34

Net Appropriations

Increase in Fund Balance

Fund Balance June 30, 1966

Fund Balance June 30, 1967

$387,551

14,113 74,268 46,002

1,290

$523,245

10,506 31,579 89,372

125,984

$265,441

$257,803

240,159

21,772

218,387

39,415

198,704

$238,119

Building Fond

Fund Balance June 30, 1966 Deduct Provision for Depreciation

Fund Balance June 30, 1967

Contributors Memorial Fond

Fund Balance June 30, 1966 Add:

Investment Income Beneficiary Proceeds

Fund Balance June 30, 1967

Future Development Fond

Fund Balance June 30, 1966 Less Expenditures

Fund Balance June 30, 1967

$4,430 5,833

$3,117,719 75,601

$3,193,320

$ 101,432 10,263

$ 111,695

$ 322,790 2,311

$ 320,479

35

Special Purpose Funds: Statement of Income, Expenditures, and Fund Balances

Research Administration of

Fund Balances (Deficit) 6/30/66

ti!:i~~~~~ls, ~~~0fr~-and Other (to) General Expendi-

Income Fund turcs

Criminal Justice ..... ....... $ 12,643 $ - $ 23,485 $ 37,122 $ Availability of Legal

Services ..... ...... ...... ....... 11,959 Civil Procedure .............. .. Commentaries on the

Law ................................ 20,000 Corporat~ Debt

Fmancmg .. ......... .. ... ...... 36,900 Defense of Indigent

Accused Persons .. .... .... 34 Economic Dimensions of

Administration of Criminal Justice ........ ..

Empirical Research Survey .... .. .... ....... ......... ..

European Common Market ........................ ..

Evaluation of Ethical Standards ....... ............... 17,055

Federal Tax Procedures .. 32,696 International Education

Program ............ ......... ... (116) International Program ... . Judicial Disability ......... . Law of Narcotics ............. . Law of Outer Space ........ 20,688 Legal History .... ............. . 21,771 Legal Research Methods

and Materials Ma.rriage Counseling in

the Courts .... .. ............ . . Max Planck Institute

Study ........................... .. . Mental Illness and the

Law................................ 6,269 Model Business Corpora­

tion Act Annotated ...... Opinions of Committee

on Professional Ethics .. Prepafd Legal Expense

Insurance ........... .......... .

36

24,599 25,083 300 196

15,000

2,963

92 126

5,980 4,516

9,525 4,579

10,368 10,368

23,500 22, 700

10,000

15,019

117 2,350

16,490 4,450 9,000

(21,771)

1,814

1 2,350

14,839 2,626

38,422

10,380 1,092

3,450 1,720

2,500 2,500

3,500 66,245 40,367

15,875 15,813

20,445 24,205

12,252 14,161

Fund Balances (Deficit) 6/30/67

(994)

11,476 104

35,000

33,937

1,464

4,946

17,855 30,882

1,651 1,824 1,265

9,288

16,749

35,647

62

(3,760)

(1,909)

Fund Contribu- 1fu~oK~!" Fuod Balances tions, Grants, Balances ~Deficit~ and Other (to) General Ezpendi- ~Deficit) /30/6 Income Fund tures /30/67

Research on Topics Relating to Law and Poverty ..........................

Risk Assurance Systems 153 5,500 2,734 2,919

in Real Property Transactions ... ........ ....... 3,380 3,635 (255)

Study of Federal Circuit Courts .... .... .................... 34,800 12,278 22,522

Study of Legal Services (4,929) for the Poor .................. 2,965 111,959 2,254 122,107

Substantive Tax Reform Interim Financing ........ 587 6,700 4,026 3,261

Total Research ........ 183,604 229,357 218,387 412,343 219,005

Other Carl B. Rix Memorial

Library u ............. .. ..... . ... . 2,605 571 2,034 Charles E. Dunbar, Jr.

Bequest .......................... 2,000 80 80 2,000 Edward I. Cudahy

Fund .......... ..... ............... 687 384 303 Samuel Pool Weaver

Essay Program ............ 42,075 1,253 2,646 40,682

Total Other .............. 47,367 1,333 3,681 45,019

Total Special Purpose Funds ...... $230,971 $230,690 $218,387 $416,024 $264,024

The above projects were financed by generous grants and contributions from the following donors: American Bar Association National Aeronautics and Space American Bar Endowment Administration Brookings Institute Office of Economic Opportunity The Ford Foundation Various Law Firms and National Institute of Mental Corporations

Health

37