STANFORD LAWYERSpring 1971

StanfordLawyer

Spring 1971

PrintingContributed to

Stanford Law Schoolby

Editor, Nancy M. MahoneyAssistant Editor, Kelly Hemingway

CONTENTS

In Honor of Bayless Manning . . . . . . . . . . . . . . . . . . 2

Manning Named CFR President . . . . . . . . . . . . . . .. 11

Students Interview Bayless Manning. . . . . . . . . . . .. 12

Thomas Ehrlich, School's Seventh Dean. . . . . . . . .. 14

Bok Leads Harvard 16

Board of Visitors Meets . . . . . . . . . . . . . . . . . . . . . .. 17

Law Alumni Weekend . . . . . . . . . . . . . . . . . . . . . . .. 20

Applications, Admissions and EnteringEnrollment at Stanford-Ten Years-1961-1971 . 23

Deans' Gallery Completed 24

Stanford in 1910-1911 27

Law Fund, Film Society Raise $ $ $ . . . . . . . . . . .. 30

News of the School . . . . . . . . . . . . . . . . . . . . . . . . .. 32

Law Societies 38

Class Notes 39

Degree Reconferral inside back cover

Bowne of San Francisco, Inc.1045 Sansome Street / San Francisco, Calif. 94111(415) 981-7882

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CORPORATE I FINANCIAL PRINTERS I LITHOGRAPHERS

Thomas Ehrlich, Bayless Manning, Carl Spaeth, Marion Kirkwood

The cover of this issue of the Stanford Lawyer and the photoabove show the succession of deans of Stanford Law Schoolbeginning in 1922. Marion Kirkwood, Carl Spaeth,Bayless Manning and Thomas Ehrlich have broughtextraordinary talent and leadership to the job; each hasdeveloped and strengthened legal education at Stanford.

Special tribute is paid to Bayless Manning in the followingpages. A transcript of the proceedings of the April 23 LawAlumni Banquet in his honor begins on page two. An interviewby law students is reprinted from the Stanford Law SchoolJournal on pages 12 and 13. At the time of that interview ithad not been announced that Dean Manning would assume thepresidency of the Council on Foreign Relations in September.A copy of the Council's press release preceeds the Journal article.

Also reprinted from the Journal is an article about De'an-designateThomas Ehrlich, whose succession to the deanship wasannounced in January by President Richard W. Lyman.

In a lighter vein, we have included on page 16 references to theappointment of Derek Bok, Stanford A.B. 1951, to thepresidency of Harvard University.

But this is Bayless Manning's magazine, this issue andothers. He created the concept of the Stanford Lawyer. Heconceived of and developed many of the events reported withinits pages. He has given much of himself to make this Schoola great institution and has inspired others to join him in this effort.He will be missed by all his students-faculty, law students,alumni and staff.

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In Honor ofBayless ManningThe Council of Stanford Law Societiessponsored the Ap,ril 23 Law AlumniBanquet honoring Dean BaylessManning. Chairman of the event,Jerome I. Braun '53, introduced thehead table: "Professor Carl Spaeth, whowas the fifth dean of the Law School andis now William Nelson CromwellProfessor of Law; Mrs. Ellen Ehrlich,the wife of our Dean-designate; ParmerFuller, president of the Board of Trustees;Mrs. Illie Anderson, the wife of theChairman of the Board of Visitors; thePresident of the University, RichardLyman; our honoree, Dean BaylessManning; the charming wife of PresidentLyman, Mrs. Jing Lyman; MartinAnderson, Chairman of the Board ofVisitors; Mrs. Esther Pike; and Dean­designate Thomas Ehrlich."

w. Parmer Fuller

The Chairman recognized the currentand past presidents of various lawsocieties who were at the dinner: Mr.Chandler Myers, President of theSouthern California Law Society;Mr. Wilbur Johnson, Chairman of thePeninsula Law Society; J. SterlingHutcheson, President.of the San Diego­Imperial Law Society; Mr. NewmanPorter, President of the Arizona Law So...ciety; Mr. Laurence Levine, President ofthe New York Law Society; Mr. GeorgeWilloughby from the State of Washington;

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Mr. Walter Pendergrass from the Stateof Oregon; Mr. Charles· Fox from theSan Diego-Imperial Society; and Mr.Albert Hom from the PeninsulaSociety. Other current presidentsinclude; William H. Allen, James K.Barnum, R. William Bradford, VincentCullinan, Frederick D. Green, John J.Hannegan, Procter R. Hug, Jr., RobertT. Mautz, Charles J. Morehouse,William G. Pusch and Homer B.Thompson.

After introductory remarks byMessrs. Fuller, Lyman and Ehrlich,Jerry Braun presented the Dean with asilver cigarette box inscribed"Presented by the Council of StanfordLaw Societies to Dean Bayless Manningwho enchartered 14 of the 16 StanfordLaw Societies and founded thisCouncil. April 23, 1971."

The Chairman then presented theevening's speaker, Bayless Manning.A transcript of the Dean's remarksfollows.

Dean's RemarksThank you, Jerry.As I rose, Dick Lyman just put myfeelings better than I can. He said,"Well buddy, you're adrift in an openboat." I have wondered how it feels todeliver your own funeral oration;apparently I now have an opportunityto learn.

I rather suspected that I might becalled on this evening for two or threehours of remarks, so I turned my mindas best I could to take stock, to reviewmy performance in this job as dean ofthe Stanford Law School. Having doneso, I have to tell you that on the wholethe record is rather mixed.

I do have some ve.ry substantialaccomplishments to my credit. Forexample, I should like to recall to youthe matter of the bells. Now those of youwho are very young do not know aboutthe bells, but those of you who havemore seniority will remember.You see, when this University wasopened in 1891, and the Law Schoolin 1893, it was obviously con-sidered a cultural necessity that aSchool have bells. Watches had beeninvented, but were not in common use.

Water clocks are silent. It was necessaryto know when to stop teaching andwhen to start teaching or vice versa.And so there are bells allover theUniversity. Now one of the things Inoticed about 48 hours after I came tothe deanship was that not only did Ijump out of my chair every time the bellwent off at intervals of 50 minutes, then10 minutes later, then 50 minutes, andthen 10 minutes, but by actual count 17typists would immediately make 17typographical errors simultaneously on17 scholarly manuscripts, 17 being thenumber of the faculty at the time.Flushed by the heady new power whichI felt as a dean, I issued an order:"Shut off those bells!" The response,of course, was the one that you wouldexpect in any well-run large organization-"You can't shut off the bells." It seemsthat they were laid in concrete in 1893and are a single university-wide system.Moreover, I was unable to learn whatofficial in the University is in charge ofturning bells on and off. I reflected onthis matter for two or three days as Iwas just beginning to learn my waythrough the bureaucracy and how todeal with this new environment. FinallyI resolved to take a step that you allcould be proud of. I personally calledthe University electrician and I said,"Hello, this is the dean of the LawSchool. Would you please come overand turn off the bells?" In about an hoursomebody came over, disappeared intothe basement and five minutes later thebells stopped. And they have not rung inthe Law School since. You will agreethat that was a signal accomplishment.

But it's like almost everything else I'vedone-it's a mixed story. We still hearthe bells in the next building.Then there is the matter of theflag. I happen to have been trainedto the view that a School oughtto have a flag and the Law Schoolhad none. Here again, one canfind a success. We do have a flag now,a handsome flag, I think. That is good,on the whole. But again the record ismixed. My aspirations of developingappropriately embossed "Lex atqueJustitia" sweatshirts for the faculty touse in seminars ran aground; and myeffort to make popular the Law School

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seal on socks has just been a completefailure.

Then there are the diplomas. Again, Ihad a measure of success there. Wemanaged to save space by replacing thetwo L's with a single J, and we got thegrade lowered from B to D. We evenmanaged to get these things done forsome of the diplomas that had beenissued at an earlier time. Unfortunately,I then discovered that, like most newideas I have, this one was about 70 yearsold, and that a good many of our senioralumni had a J.D. anyway. So I reallydon't think I can claim very muchcredit for that one.

Bayless Manning and Thomas Ehrlich

Those were the things that went,on the whole, rather well. Againstthese fractional gains must becounterbalanced many clear losses.One project to which I was particularlyattached, and continue to be attached,was the question of how to keep postersand flyers from being stuck every dayon the glass front door. I purs.ued thisone with more ingenuity. Having beentaught something about the limits ofthe criminal sanction by Herb Packer,I knew that just issuing an order andtrying to enforce it wasn't going toget anywhere. Qearly, what one hadto do here was to circumnavigatethe problem, to provide other alternativesto allow the young to sublimate theircompulsion to put up posters. I

conceived the notion of developing inthe School a bulletin board for everystudent! A massive capital infusionpoured into that enterprise has had someeffect in the sense that a recent surveyshows that there are more bulletin boardsper square student in the Stanford LawSchool than in any other school in theworld. But, of course, the flyers and theposters still are stuck on the glass frontdoor.

People of the Law SchoolMy initial approach to preparing theseremarks having thus proved unfruitful, Iturned to another approach-toenquire into the performance ofother people at the School duringthe time I have been dean. Thatapproach worked out very muchbetter. Occasions like this evening'sdinner take on the appearance of apersonal memorial, in this case a funerealmemorial, for an individual, the outgoingofficer. But of course that's not whatthe occasion is really about. And it isimportant, it seems to me, that theindividual concerned have a clearunderstanding that that is not what theoccasion is about. An event of this sortis, in fact, a pause for breath on a stair­case landing for the institution as awhole, an opportunity for a momentaryself appraisal by the institution itself.

I would therefore like to say somethingabout the Law School itself as aninstitution, and something about itssurprisingly manifold and complexoperations. The Law School involvesrather more pieces and more peoplethan most of us have occasion to beinformed about. As Tom is learningthese days, the truth of the matter is,that the dean's life is a fairly busy onebecause he is involved in quite anumber of things. He really cannot domany of these thing personally. So herelies on many, many other people todo them. I should like to have you knowmore about these people by name and toprovide my own, and your, recognitionof their special contributions to thisinstitution.Because the dean's life is a frantic one,and because the demands and theopportunities of the position reach farbeyond what he can do and far beyondthe confines of his business office, Ishould like to give my first recognition,and my warmest applause, to MarjorieManning for her unfailingly magnificentcontribution to the life of the School.

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The succession of Sheila Spaeth, ofMarjorie and now of Ellen Ehrlich, hasbeen, is, and will be, one of the School'sgreatest strengths and this institutionhas been a very fortunate beneficiary.

For the beauty, the grace, and thesmooth functioning of this institutionaloccasion tonight and others like it, Ishould like to at least acknowledge ourdebt to Alma Kays, our alumni coord­inator, a debt which really is beyondmeasure.The School's publications, such as therecent issue of the Observer with its longinsert on the Law School, is the productof the indefatigable and efficient NancyMahoney and I'd like particularly torecognize her, as you will recognizeyourselves continuously in the productsof her photography.

I am frequently told by employer whocome to the School that Stanford LawSchool's Placement Office today is themost cooperatively, courteously, andefficiently run service of all the schoolsthey visit. The unfailingly graciousSuzanne Close is responsible and Iparticularly want to thank her.

I know of no office anywhere that runswith the grace under unbelievablepressure of our registrar's office. It is amodel of undermanned efficiency,administered with stoic calm by SusanNagel and her deputy, Yvonne Erickson.

The financial life of the Law School isprecarious at best. It's also a littlecomplicated. A most remarkable younglady named Judy Sample, now JudySample Keller, was largely responsiblefor putting together the financialmachinery, the now very sophisticatedaccounting system. We are greatlyindebted to Judy and I want to thankher, even though she has now beenabducted by Bob Keller and is in LosAngeles working, as a matter of fact,for Vic Palmieri who, I am delighted tosee, is here this evening. Since Judy'sdeparture, Lyn Butterfield has performedextraordinarily well in stepping rapidlyinto so complex a matter.

I could not fail to mention, though sheis now not here but with the Russell SageFoundation, that marvelous lady whofor so many years honored me by beingmy secretary-that bastion at the centerof the School-Augusta McEachern.My special thanks as well to Mrs.Barbara Campbell who this year tookvery effectively the difficult role of

successor to Gus-and to the unflagging,ever cheerful, third member of theimmediate team in the Dean's Office,Mrs. Shirley Wedlake.

Let me here say something about theStanford Law School Library. In size,it is not large; it does not, unfortunately,compare in dimension with the collectionsat other major law schools. But in itsquality, and its service, and its operation,it is in a class by itself-a most remarkabletribute to its administration, which isnot mine. How often it has been thatvisiting scholars from other schools withlarger library collections have pausedto comment on our law library service,and the selectivity of the collection thatwe do have. This is the product of theremarkable job that is done by ourlibrarian, Professor Myron Jacobsteinand by his extraordinary deputies,George Torzsay-Biber and HowardSugarman and by marvelous peoplelike Mrs. Rosalee Long. That libraryoperation is a gem, thanks to them.

As many of you know, Virginia Birchhas for 19 years been in large measureresponsible for the regular production ofthe Law Review, an extraordinarycontribution.The faculty secretarial staff drawsstrong, dedicated, loyal ladies, many ofthem with many years of service. Thereare too many to mention them all but Icannot, in thanking them all, fail to referto Ellen Fiske, Bess Hitchcock, EvelynRoodhouse and Marian Holys.

How could one fail to salute ourinimitable sergeant major, ErikaKaltenbach, who runs us all, and makesus like it.Or Betty Dolan whose patience and goodtemper have no bounds as she somehowmanages to keep the papers flowingdown in the catacombs of the duplicatingroom.What shall I say of the admissions andscholarship group under Dora Hjertbergand Joyce Cook? How do you thankpeople who stand at the dike and some­how process 4,000 admission applicationsper year?Then there is the Law Fund­indispensable source, blood flow tothe School-administered daily now forten years by Phyllis Munro, a Gibraltarof reliability, aided by her assistantfrom halfway around the world, PeggyGale. And to Chuck Mansfield, workingon the critical matter of major gifts in

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the AGENDA effort, the School's debt,present and future, is great.

The School's mail pours in and out bythe ton, but it would not do so if itwere not for Cornelio Perez and beforehim, now in service with the MarineCorps, Rich Brock.

Associate and Assistant DeansI have not included the associate deansand the assistant deans in this list,primarily because I cannot find wordsadequately to describe the debt that theSchool owes to them and that lowe tothem.

Keith Mann, superdean of academicaffairs. Bill Keogh, dean of admissionsand, one might say, chaplain of theschool. Joe Leininger, executive, scholar,diplomat, negotiator pleni-potentiary,a tremendous force in the School thoughhe came to us from the vice deanship atHarvard less than two years ago. TheltonHenderson, ubiquitous dean of studentaffairs and administrator of theSchool's legal educational opportunityprograms. Bruce Hasenkamp, associategeneral secretary of the University andthe Law School's Mr. Outside. They area magnificent team. How fortunate I havebeen to have had the chance to workwith them.

As for Bob Keller, former assistantdean whom many of you know well,we are all mad at him. because he tookJudy away, but his contributions tothe School's fund raising and alumniactivities remain with us.

Tom Headrick, now vice presidentat Lawrence University, Wisconsin. DaveLelewer, now a special aide to JohnRockefeller in New York. Tom Robinson,at present with the Educational TestingService at Princeton. They are nolonger at the School in person, but eachof them gave several years of his lifeand of his commitment to this Law Schoolduring this dean's tenure, and much ofwhat is here today is a product of what.they built and what they have left. Iam deeply in their debt as indeed are allof us who work for the School.

I have missed some names I shouldhave mentioned. But for all of those Imissed and for those I did name, I wouldlike now to ask for your applause.And for those of the School staffwho are here, I hope you will applaudnot only for the others but for yourselvesbecause you certainly deserve it.

Predecessor and SuccessorI should like now to pay very specialtribute to two people in particular­my predecessor and my successor.

I have often before spoken in publicof the School's debt to Carl Spaeth. But Ihave never had quite so appropriatean occasion to do so as I have this eve­ning or, as I see it, so good anopportunity to place what I view to behis contribution in the full context ofthe history of the institution.

Personally I have no doubt whateverhow a future historian of the School, ifthere be one (and I hope there will)will see the three consecutive deanshipsheld by Carl, by me, and by Tom. Carlinherited a School of standing and ofacademic rigor that had been bequeathedto him through the long deanship ofMarion Rice Kirkwood and, indeed,had been born when the School was bornin 1893 under the executive leadershipof Nathan Abbott. The mold of thatSchool was solid and well founded. Butby the end of World War II, the timehad come to give the School a new shape,to supplement it with new tools andnew ideas and programs fitted to thedevelopment of the United States duringthe 30's as a homogeneous nationaleconomy and polity, based uponemergence of the United States as theleading power of the world, and takinginto account the developments that hadoccurred in intellectual fields duringthe twentieth century, particularly in thesocial sciences.

Carl Spaeth was the man who conceivedand who turned the School towardthese new directions. Now make nomistake about this--institutionalchanges of this kind are nevereasy. Resistance to change, evenby men of the best of good will, andof the highest intellect, is the mosthuman of all human characteristics. AndCarl encountered some such resistance.Moreover, I do not say he did the jobalone; he was aided indispensably by suchextraordinary and special youngteachers as, for example, Herb Packerand Bill Baxter to name two. But Carlwas the one who brought those people tothe School and he was the one whohad the vision, the knowledge, and theskill to set the new course, to tumthe ship to it, and to make it holddespite bufIetings.

Idea after idea about legal education,ideas that are still considered novel andadvanced, are traceable to Carl in thelate forties and in the fifties: inter­disciplinary work, legal educationfor undergraduates, the importance oftransnational affairs in the law-toname but three.

As for my own period of deanship, asI see it, the School has been primarilyin an evolutionary stage of consolida­tion, of implementation, of fill-out, offleshing out, of institutionalizing thatwhich had been begun during Carl'sleadership. The business school peoplewould talk of my deanship as a timeof production engineering-the time to

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bring on line and into production thatwhich had theretofore been conceivedin the laboratory. My own deanshiphas, in short, stood squarely on thosebroad shoulders of Carl Spaeth. TheSchool's and my debt to him haveno measure.

Thomas Ehrlich

And Tom? Unless I am mistaken-andin this I do not believe I am-I think wewill see in the years immediatelyahead another spurt of developmentin still newer directions. I shall have alittle bit to say about that further thisevening-though not very much, for Tomand the faculty need no instructions orarchitectural guidance from me. Indeed,among the many talents which Tomhas at his disposal, the very one in whichhe most excels and as to which he hasalready given full demonstration, is hisarchitectural creativity, the capacityfor forward vision that the years aheadwill require. I think the School isunbelievably fortunate to have availableto it such young, able, and innovativeleadership fitted to the period that liesahead. I fully expect that the StanfordLaw School will, under Tom'sguidance, move ahead to establish andto reestablish, again and again in acontinuing process, Stanford's vanguardeminence in the law school world. Icongratulate the School, the faculty thePresident and Stanford, and Tom, ontheir choice of the next dean.

The FacultyThis School has three major con-

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stituencies-faculty, student body andalumni body. I should like to say aword or two about each.

This faculty is simply extraordinary.Gauged by its commitment to itsteaching, by its commitment to institu­tional life, by its scholarship andproductivity, by its intellectual power,by any of these standards, this LawSchool is literally without equal in myjudgment and, if you were to dismissmy judgment as biased, let us sayit is at least equal to the best.

What you may not know about thisfaculty is that it is also the ultimateepitome of the deliberative collegiality.

I have never witnessed the equal of thisfaculty's willingness to listen to itsindividual members, to accord total re­spect to each member, regardless ofopinion differences, to stay as longas it may take until all the issues haveemerged, until the last person who wishesto be heard is heard. I have never seensuch an Athenian, pure ideal of thedeliberative process as this faculty con­ducts-and views as normalcy. As Istep out of the deanship, I urge thefaculty with all the force and vigor Ican summon to preserve this mostremarkable treasure! The way in whichthis faculty has moved to issue afterissue, as to which there was the widestdivergence of opinion, in the yearsthat I have been here and always founda way to work it out, to crystallize itand to keep moving, to avoid the cheapdebating point, to shun the irreleventad hominem jab, and to maintain a lowkeyed voice of rational discourse, isa tremendous tribute to all its members.I have seen other schools. I haveseen other bodies. I have never seenanything like the deliberative traditionat this School. It is your most rareand valuable asset; continuously re­member its value, nourish it, andkeep it inviolate.

The StudentsAs for the students, comment is easy.You are very bright, you are veryenergetic and you are very committedto doing the right things with your legaltraining. You work hard, sometimes-like all generations of students. Youare young, and sometimes I agree withyou and sometimes I don't. But Ithink you're great. And you will needto be. It will be a tough world thatlies ahead.

The AlumniThe alumni? I can say only for myselfthat I arrived at Stanford as a stranger,knowing exactly one alumnus ofthis School. He is here this evening-a very close and dear friend of manyyears standing-Warren Christopher.Since then, I have been personallyaccepted by the alumni of this Schoolin the most remarkable and warm way.I could not have been made morewelcome by the institution or by itsalumni-among whom I now countliterally hundreds of friends. Againmy debt is very great.

I have from time to time publishedsome critical remarks about the bar,about graduates of law schools. Theseremarks have dealt with the profession'spervasive sense of non-responsibilityabout law schools and about legal educa­tion. I have sought to point a fingernot so much at parsimony, not so muchat callousness to the needs oflegal education, but to the bar's lack ofappreciation of the importance of legaleducation to the profession and tothe society. I have tried to persuadelawyers to perceive the special role whichthey necessarily, by force of theirmembership in the profession, mustoccupy with regard to a responsibilityfor legal education. Stanford's alumnibody as a whole was not distinguishablefrom other alumni bodies as a wholein these respects. I say all that in orderthat I may say the next thing aboutour alumni. It is perfectly evident, andyou see it here before you this eveningthat step by step, gradually, in­creasingly, the profession has begunto become aware that it does have aspecial responsibility for its own educa­tional institutions. The bar has a directinterest in the matter, it also has abroader social interest in the matter.And it is very clear that not just bydirect financial contributions, butby other kinds of support and involve­ment the alumni body of this Schoolis becoming closer to the School, moreinterested in what it does, moreconcerned about tomorrow'seducation. I want to pay tribute to ouralumni for that current of movementand I urge you to continue it. Knowthe School, what is going on in it andwhy. Participate in the programs ofyour local law society. Visit the Schoolwhen you can. Become involved.

The School has these three basic

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constituencies-the faculty, the studentbody and the alumni. The dean's chairhas a few advantages. The majorone is perspective. I can say to each ofyou, perhaps better than anyone elsein the room, that each of theseconstituencies has good cause and reasonto be proud of the other two.

The School and Reformof Legal InstitutionsI hinted a little earlier that I wasgoing to say a bit about the Schooland the future. I have two points tomake and they are very brief.

The first one has to do with the generalstate of the world and particularly withthe state of the law in this country.It is no discovery to any of you in theroom, and I am opening no one's eyes toanything, that there are basicmalalignments, misalignments anddislocations in American society today.The dreary recitation is one that any ofyou can make--pollution, problems ofracial discrimination, crime, drug abuse,decay of the urban centers, and so on­you are familiar with the depressinglexicon. Because the law is the lifeof people, and because the law is thereflection of its society, the law of courseis itself intimately, inextricably involvedin these misalignments and dislocations.

Defects in our legal order are involved inat least three different ways or, moreaccurately, three different kinds oftnanifestations of defect can be seen. Inone of these manifestations the law itselfis being used as a tool to perpetuate orimpose the social dislocation. The ways inwhich the eviction and repossession laws

often operate offer instances of thelaw itself being used actively andaffirmatively as an instrument of socialinjury. The law's failure here issubstantive.

The second general manifestation ofdefect is essentially of an administrativecharacter. It has to do with the general,gradual grinding-down and--collapseis too strong a word-disintegrationof the legal process itself. Congestion ofthe courts and intolerable delays intrials are consequential examples.

And third, our legal order today suffersfrom a fundamental failure in its deliverysystem, an institutional structural defect.As it is presently constructed,our legal order does not provide legalservices to a wide segment of ourpopulation. I do not refer only to thosewho are at poverty levels of income.A very interesting point that emergedseveral times during our Board ofVisitors meeting of the last two dayswas the voice--not of outside critics, notof judges, not of academicians-butof practicing lawyers, increasingly awarethat the pricing structure for legalservices,' given the institutional structureof our law today, is one that provideslegal services only to the very well-to-do, to the larger corporation,or to the large scale institution. Thissituation cannot be allowed to continue.The society will not allow it to continue.And the responsibility for changing itrests fundamentally with the people whoare in this room tonight.

On the whole, the students see thesethings pretty clearly; on the whole, thefaculty sees them pretty clearly; and onthe whole, the profession increasinglysees them pretty clearly. But the situationso far has been just that-on the whole.By and large, and with some fewexceptions, the profession has tendedto stand pat and the law schoolshave tended to stand back.

My guess is that the next stage ofdevelopment of law schools and of ourprofession will see an increasing jointinvolvement and an increasing jointcommitment on the part of law facultypeople with bar leaders to concernthemselves with the institutionaldislocations of the legal order and to pressfor institutional reform. Until today, ourfaculties have tended to view themselvesas primarily concerned with twocategories of intellectual endeavor-

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that relating to doctrine and that relatingto analytics.

Today's movements for institutionaljudicial reform and institutional reform inthe legal order are not primarilyassociated with our law schools orcentered in our law schools. But theyshould be. The bar is now moving, thepublic has come alive. My guess is-andI view this aspect of the matter asextremely optimistic-that we aremoving into a stage where again, as inearlier days, the chasm between the prac­titioner and the law schools will bebridged as the two join forces to addressthe problems of a seriously ill legal order.The lawyers are needed; they havethe leverage, the know-how and theunderstanding at a working level. Theacademicians are needed; they have thereflection, the data, the capacity forresearch. I urge both of you to jointogether in that endeavor and to do soquickly. Indeed, I think you must.

The ew InfallibilismAnd now my last point. It seems tome that we may be moving into--andthere's a great deal of evidence of this,some of it very current on this Universitycampus-an era of what I would referto as The New Infallibilism, orThe New Dogmatism. Under the tenetsof The New Infallibilism-as of all oldinfallibility-the basic notion is thatsince I am right, if you are not persuadedthat I am right, I shall hit you over thehead with a baseball bat. I am at anabsolute loss to understand how it couldbe that it would be possible for so-called,or would-be, political thinkers toattempt to dress up as new and profoundthis most atavistic, barbaric, primitiveand demonstratedly pernicious of allpropositions. And yet I am afraidthat we detect in our society today anincreasing willingness to accept this mostcaveman form of alleged philosophicposition as though it were some newinvention.

As a matter of moral philosophy­ballbat infallibilism cannot be whatcivilization is about and it certainly is notwhat law is about.

Moreover, it will not, cannot, work inpluralistic society. I guess it mightbe possible to run a society-though Iwould not want to live there--onthe infallible ballbat principle if ithappened to be a highly homogeneoussociety containing only a very few

members whose attitudes, appearances, oropinions differed from the conformingmass. The mass can perhaps succeedin squashing a few aberrationalperformers. But American society todayis a Babel of infinite numbers of voiceson infinite numbers of issues all beingreexamined simultaneously-withtensions up and noise levels high. Whileit might be possible, though morallyreprehensible and personally unpleasant,for a homogeneous society to operatethrough a repressive use of force in placeof freedom of expression, that cannotbe a prescription for the viabilityof a society that is heterogeneous, dividedin opinion and fragmented, as is ourown. When the seas are rising and it israining very hard, and everyone is on theark, each one different, it is anespecially poor time for the zebra tobegin to insist that everyone on boardwear stripes and the leopard to demandunconditionally that everyone assumespots-both reaching for baseball bats.

I had occasion to note the other day somearguments advanced recently on thiscampus to the effect that one man'sadverse judgment on the morality or thewisdom of another man's words andaction gives him the right to silence thespeaker; some even would seem to saythat this right becomes a duty if one isin the minority. I find it appalling anddispiriting to hear these tired argumentson a great American campus. Everydespot, every inquisitor, every censor,every demagogue throughout historyhas offered them as his justification forthe repression of oppositional thought. Itis hardly credible that the most elementalprincipal of free speech should, aftercenturies of struggle to achieve it,be so little valued by those who arethe major beneficiaries of it, theacademician and those who hold minorityviews.

"The spirit of liberty", said JudgeLearned Hand, Tom Ehrlich's mentor,"is the spirit which it not too sure that itis right." That spirit is also the essenceof free speech. It means that learningnever stops, that every idea is subject toquestion. It is then more than the right tospeak so that others may be persuaded.And it means those rights for theminority, whether of one or a hundred,and it also means those rights forthe majority.

Most of all, in this day of turmoil andmajor social change, whether you are a

10

student, whether you are faculty,whether you are lawyer-alumnus, whetheryou are talking with a member of yourown constituency or of another, I askyou, as the School moves ahead and asthe law moves ahead, please, pleaseremember Cromwell's line from 1650:"I beseech you, in the bowels of Christ,think you it possible that you may bemistaken."

Thank you.

Jerome Braun

At this point Jerry Braun and MartyAnderson presented Dean Manning witha certificate making him an honoraryalumnus of Stanford Law School. Itreads:

In grateful recognition of his enormouscontributions to the growth andgreatness of Stanford Law Schooland in particular gratitude for hisservice as Dean of the School, by theauthority vested in us, for and inbehalf of the alumni of the StanfordLaw School, we hereby designateand declare Bayless Andrew Manningalumnus causa honoris, of the Schoolof Law of the Leland StanfordJunior University. Given at StanfordUniversity in the State of California,this twenty-third day of April, inthe year of our Lord the one thousandnine hundred and seventy-first, ofthe Republic the one hundred andninety-fifth, of the University theeightieth, and of the Stanford LawSchool the seventy-eighth. By theChairman of the Board of Visitorsof the Stanford Law School and thePresident of the Council of LawSocieties.

Manning amed CF Presi ent

The following story came from the Council on Foreign Relations.

David Rockefeller, chairman of the board of the Council onForeign Relations, announced Tuesday, April 20, that theboard has elected Bayless Manning, dean of theStanford University Law School, as full-time president.

He also will be elected as a member of the board.

In making the announcement, Rockefeller said, "The Councilhas made an important contribution in the past to understandingof world problems. At this time of major change in the fieldof foreign relations, it is looking forward to an increasingly activeand expanded role under the leadership of its new president."

When Dean Manning takes office in September, he willsucceed Grayson Kirk as president and George Franklin, wholast June indicated his desire to resign as executive director.Dr. Kirk, president emeritus of Columbia University, was electedto t}le new post of vice chairman of the Council Board,effective when Dean Manning assumes the presidency. Thepost of executive director will be discontinued at that time.

The Council on Foreign Relations was founded in 1921 tostudy the international aspects of America's political, economic,strategic, and financial problems. Its publications includebooks resulting from these studies as well as a quarterly review,Foreign Affairs.

In addition to the many meetings connected with its studyprojects, the Council also arranges more than 150 off-the-recordmeetings each year at its headquarters in New York at whichleading statesmen, scholars, and men of affairs discussproblems of foreign policy with Council members.

Among those who have recently spoken to Council membersare Prime Minister Heath, Chancellor Brandt, President Pompidou,Prime Minister Sato, and Prime Minister Ghandi, as wellas many distinguished Americans.

Affiliated with the Council are Committees on Foreign Relationscomposed of community leaders in 34 cities around the country.

11

Students Interview Bay ess Manning

The following article is reprinted fromthe Stanford Law School Journalof December 10, 1970.

by Peter Herman '71and Bill Kircher '71

Two editors of the Journal interviewedthe dean in what, in their words, turnedout to be a frank, informative, andentertaining discussion of the history andfuture of the tanford Law choo!.

1964When Bayless Manning came to theLaw School in 1964, he became dean ofan institution very unlike its 1970counterpart. There was recalls Manningan "exceedingly able faculty," and acore of professors who wanted to "turnthe Law School around." What followedwas a period of dramatic innovationand augmentation, as significant as any inthe School's history.

Changes

Among the more important changeshas been a major curricular revisionwhich the dean feels has put Stanford "farahead of other law schools" in thisarea. He also noted that the faculty hasbeen built up and enlarged. Professorshave been attracted to Stanford notso much by financial incentives, as bythe opportunity to participate in theforming of new educational structures....

In addition to curricular change andfaculty build-up, the School hasexperienced the expansion of studentactivities, the planning and funding of anew law school, improvement of thelibrary, organization of alumni,implementation of new methods ofaccounting and fiscal control, and thecreation of a body of Law Schoolliterature.

Dean's Power

The dean cautioned against creditinghim with changes that have been the workof many. People tend to exaggeratethe power of the dean, he said. "The factis that the dean has no real power."He is an administrator in his dealingswith the Law School staff, but in hisrelationship with students, faculty,trustees, and alumni, he must necessarilybe a "negotiator and persuader"-a"catalyst."

12

While conceding the importance of hisfund-raising function, Manning warnedagainst divorcing this from otherconcerns of the School. "The Law Schoolis an organism," he said, "and it hasto develop in balance." It is fruitless toraise funds at the expense of the Schoolas a whole. Money is rather uselesswithout a faculty, of course, but a goodfaculty requires not only money butgood librarie and a bright student body.

anning mu ed that he was perhapsan 'orchestra leader."

he dean found that one of the chiefpleasures of the job was its hecticdiversity. "You spend four minutes withstudents and suddenly there's a crisisbecause the Xerox machine has gone outof operation. Fifteen minutes later agovernment or bar official calls wantingto draw you into some matter inwhich 'you're considered a neutralparty.' "

Money Problems

Manning had no difficulty namingthe greatest problem faced by the LawSchool. It's money-"fuel to run on."He said he wished that all concernedcould have a better appreciation of"the reality of dollars in these operations."

Law schools simply do not have thesources of support common to otherdepartments in the modem university, hepointed out. ...

Yet, according to the dean, "the baras a whole doesn't support law schoolseither. It has never felt that this was itsresponsibility."

Tuition pays only about 45 % of theSchool's operating costs, the dean said.Income from endowment is insubstantialand mainly limited to the School'sendowed professorships. The other 55%must be derived from a continuousflow of gifts, but for various reasonsthe alumni group cannot yet provide anadequate base of support.

Alumni

The School has approximately 4,000graduates, Manning explained, ofwhich 3,000 have giaduated since WorldWar II.

The 1,000 who graduated during the50-year span from 1898 to 1949 and are

probably in the best position, financially,to donate to the School have theweakest ties to the institution in itspresent form. Many of them are not incontinuing contact with the School.The dean does not find this lack ofsupport and interest surprising. "Theinstitution bears little resemblance to theUniversity the senior alumni attended,"he observed, "and it is difficult for themto identify with the School as it istoday."

It is not just a question of loyalty tothe institution, however. The deanpointed out that lawyers as a class arenot wealthy professionals. A successfulpractitioner is "a comfortable, extremelycomfortable, upper income man,"but "he is typically not in an asset positionto make significant contributions."

There is one encouraging development,according to the dean. He sees a"backbone" of- support for the Schooldeveloping in the postwar alumni.At present, .this group is just emerging.But he believes that by 1980 it willprovide a substantial base of support forthe School.

Solutions

The ultimate solution, in Manning'sview, is for each graduating law studentto repay the amount of his subsidy atsome point in his career. Assuming thatthe cost of educating each student iscurrently $2,300 per year greater thanthe tuition he pays, he should reinvestthe subsidy of $7,000 over the period ofhis professional career to make itpossible for a later student to receivehis education at the Stanford Law School.

Looking to the future, Manningdescribed the Law School as a planewhich is flying too fast on too short afinancial wing span. Stanford has gonethrough a period of dramaticdevelopment, he concluded, and itmust be a major responsibility of the deanto develop for it a commensuratefinancial base--which today it does nothave. To provide that base is the purposeof the School' six-item AGENDAfor Legal Education-a two-phase $16million program to fund faculty, studentaid, library, research, student organiza­tions and building. . . .

13

The Future

Dean Manning discussed his decisionto leave the Law School at the end of thecurrent year. He feels that it is healthyfor a law school in these days to havenew leadership every five to seven years.Most of what a person can expect toaccomplish in a new job, he observed,can usually be accomplished in thatperiod of time. Eventually, though, a deanmay find himself the defender ofprograms and policies instituted duringhis deanship. Manning added that hehopes he has not yet come to thatposition, but at some point the riskbecomes great and the institution standsmuch to gain by introducing "the freshenergy and viewpoint of a new cycleof leadership." . . .

The dean feels strongly about insuringan orderly decanal succession."Universities often do such a bad job ofhandling decanal successions," he said.Too often there is a pause of an actingdeanship between deans in which theimportant and difficult matters are putin abeyance. When the new mancomes in he must dispose of the backlog,often without the benefit of hispredecessor's experience.

Asked about his plans for the future,the dean replied, "At this point Ihaven't the faintest idea and have notreally yet begun to focus on the topic."

Thomas Ehrlich­School's Seventh Dean

Reprinted from theStanford Law School Joumal ofJanuary 28, 1971.

by Bill Kircher '71

When Tom Ehrlich graduated fromHarvard Law School in 1959, heassumed he would pursue a career asa practicing lawyer. He had nopremonition of the path that would leadhim to the Stanford deanship. In fact,it was not until he had clerked forLearned Hand, spent two years in privatepractice with a Milwaukee firm, andworked in the State Department foranother three years, that he becamea professor at Stanford. Even as recentlyas last term, the soft-spoken professorof international law was finalizing plansfor a sabbatical leave during the nextacademic year.

That sabbatical is now very far in thefuture. The new dean, in addition to hisnormal teaching schedule, has alreadybecome deeply involved in his newoffice, and he is planning an active spring.

Student Ideas

Dean Ehrlich intends to devote a majorshare of his energy to learning moreabout the needs and thoughts of students.He wants to talk with and, heemphasizes, listen to, as many studentsas are willing and interested. To accom­plish this, he plans to have informalgatherings of first and second yearstudents in small groups at his home andin Crothers throughout the spring. Lastnight's discussion with students inCrothers was the first step in this com­munication process. The dean is equallyreceptive to the ideas of third yearstudents, who although. they might nothave the same stake in the future ofthe Law School, nonetheless havea valuable perspective, and he will meetwith all who express interest.

Dean Ehrlich also plans to seek outstudent organizations, partly for theirideas, partly to gain a better understandingof what they are accornplishing andhow they fit into the working of theSchool as a whole.

14

Curriculum Innovation

The dean's interest in student ideasis a reflection of his commitment to inno­vation in general. In recent years, hehas been deeply involved in curricularreform. Many will remember the FordFoundation-sponsored study of the lawschool curriculum which culminatedin such programs as the extemship andjoint-degree programs. The impressionthat the bulk of curricular reform liesbehind us is misleading, however.The reverse may be true. Some of themost potentially far-reaching inno-vations in legal education at Stanford maystill lie ahead of us.

In one sense, Dean Ehrlich seescurricular change as a process of self­study and improvement. The goal of the1968-69 curriculum study was todiversify opportunities in the Law Schoolso as to permit students to pursuetheir interests in as many directions aspossible, within practical limitations. Thefruits of this inquiry are now invisible abundance. A second phase ofcurriculum improvement is now underway, headed by Professor AnthonyAmsterdam. The focus of this study isthe actual substantive content 'andstructuring of presently offered courses­what they are about, how they relateto one another, and how they might bebeneficially changed to prevent over­lapping, tie together related marter, andso forth.

Outside Involvement

But the new dean emphasized thatthe responsibilities of the Law Schoolare by no means confined to its ownpreviously established territories. TheSchool should seek to involve students andfaculty in outside legal affairs, and viceversa. "Law schools have been relativelyinsulated from the institutions of thelegal system," said the dean, adding thatthis has been "to the detriment of

both." Anyone who has attended a sessionof traffic or juvenile court in RedwoodCity, for instance, must realize thatthose who administer justice in suchinstitutions have "their backs to the wall."Ehrlich also used the example of theoutmoded probate system, a "terriblyinefficient" institution.

The dean believes that the Law Schoolshould become involved not just inthe recognition and study of the inadt}­quacies of the legal system, but shouldalso be committed to its improvement andthe development of viable alternatives.

At the same time, De'an Ehrlich feelsthat the School should expand itseducational function. It should seek toincrease its participation in universityaffairs, providing legal instructionto undergraduates and members of othergraduate departments. The Schoolmight also offer the practicing professionalan opportunity for 'a year's sabbaticalhere so that he could step back from hisspecialty and place it in perspective.

Law schools must become aware oftheir evolving role and changing respon­sibilities, Ehrlich stressed. People areconscious of tremendous ch.anges goingon everywhere around them, said thedean, and increasingly they are lookingto the legal profession to structureand order the great transformations whichthey see occurring with such force andrapidity.

Dollar ProblemsIf the potential for innovation andimprovement of the curriculum is exciting,however, the financial outlook of theSchool is not exactly so. Speakingof dollars, the new dean warned us fromthe start, "I have no magic formulafor extracting money from any source,including alumni." He lamented the factthat the School receives so littlegovernment and foundation supportrelative to other graduate departments.The dean feels that although effortsto gain institutional support have so farmet with little success, ultimately theSchool must develop such support. Hetheorized that as the relationship betweenthe solution of certain societal illsand improved legal education is stressed,the possibilities for institutional supportmay improve. Another possible approachto the fund raising dilemma is inter­school cooperation, but the dean con­cluded that thus far there has been"very little joint effort" due to a certain

15

measure of "lethargy, parochialism,and competition" among the schools.This too, however, appears to bechanging.

Future PlansMoney problems and the thrust ofcurricular innovations are, of course,long-term concerns which will occupyDean Ehrlich for years to come. Mostof his time in the next few months willbe devoted to settling down in hisnew job. His primary concern this springwill be listening to students. He alsoneeds to acquire a working knowledgeof the mechanics of law schooladministration. Asked how long heexpects to remain dean, Ehrlich statedthat he had no precise idea. "I'm notone who can make cosmic plans forhis life for the next three decades," hesaid smiling. He hoped he would notstay so long as to become "ossified" in thejob, but on the other hand, he wantsto stay long enough to be an effectivedean-"certainly more than one or twoyears."

And the dean plans to continue teaching,though at a lesser pace. "It may benecessary," he joked, "in order to main­tain one's sanity in this job."

Bok Leads Harvar

Reprinted from the Palo Alto Times ofJanuary 13, 1971.

An outlander's in at fair Harvard

It marks an arrival worth hailing thatHarvard University has, for the firsttime, tapped a Stanford Universitygraduate to be its president.

Derek Curtis Bok, 40, currently dean ofthe Harvard Law School, will succeedNathan M. Pusey on July 1 as presidentof Harvard, the nation's oldest universityand the one generally considered themost distinguished.

In a counterbalancing reaction, or East­West swap, if you like, Thomas Ehrlich,36, a graduate of Harvard and ofHarvard Law School, has been namedto become dean of the Stanford LawSchool on September 1. Ehrlich now is

16

professor of law at Stanford, whosefaculty he joined in 1965.

President-elect Bok evidently has beena ball of fire in his dozen years on theHarvard law faculty, especially in hislast two years as dean. Even after twomajor confrontations, he reportedly stillstands high with the students-and ob­viously with the administration andfaculty. Cambridge has, after all, over­looked his outlander origins-a breakwith tradition eased, no doubt, by hisbeing a Harvard law grad.

Our best wishes go to Dean Bok in hisnew opportunity as the leader of theStanford of the East. If he continues tomake good there, his alma mater mayone day find a spot for him.

Martin Anderson

Board of Visitors MeetsThe Board of Visitors held its annualmeeting at the School on Apri121, 22 and23. Following committee meetings onWednesday evening, Martin Anderson,chairman of the Board of Visitors,on Thursday introduced Bayless Manningwho opened the session with a reporton the state of the Law School.

Associate Dean J. Keith Mann talkedwith members of the Board about theLaw faculty and the Law Schoolcurriculum. He was followed by a panelof constitutional law professors-PaulA. Brest, William Cohen, Gerald Guntherand Richard S. Markovits-and thenProfessor William F. Baxter, andMarvin T. T~pperman, a lecturer atthe School.

Professor and Dean-designate ThomasEhrlich joined Professors Charles J.

17

Meyers and Kenneth E. Scott in remarkson the work of the law faculty outsideStanford University.

E. Howard Brooks, Vice Provost,and James V. Siena '61, Legal Adviserto the President of the University,rounded out the forum with remarks onthe law faculty's involvement in affairsof the University.

The Honorable John D. Ehrlichman '51,Assistant to the President of theUnited States for Domestic Affairs,spoke at the Board of Visitors AnnualBanquet on Thursday evening. The dinnerwas also the occasion of a presentationby the Board to Dean Manning of anilluminated globe and a set of theEncyclopedia Americana.

The Friday sessions were focused on

HWell buddy, you're adrift in an open boat."

student activities beginning with theClinical Seminar in Prosecution asexplained by Professor John Kaplan,Adam von Dioszeghy '70, TeachingFellow, and Robert M. Haddock '71.Irwin Schwartz '71 and Barbara Dray '72conducted a discussion with otherstudents and Board members of thefunctions of the Legal Aid Society.

18

The rest of the meeting was devoted to acolloquy about the School betweenmembers of the Board and membersof the Law School faculty andadministration.

A complete accounting of the meeting willappear in the annual Board ofVisitors Report.

Howard Brooks, Elmer Sproul and c;larence Ver Steeg

Ron. Robert Peckham, Hon. Walter J.Cummings, Mr. and Mrs. Thomas Ehrlich

Bayless Manning and John Ehrlichman

19

Law A mni Weekend

Aside from attending the Law AlumniBanquet on April 23, those returning tothe School for Law Alumni Weekendmet students at a reception at theBarristers Pub on Friday afternoon.Stanford Law School Today was thesubject of reports made by deans,faculty and students on Saturday

morning, followed by a luncheon at whichHan. Paul N. McCloskey '53 was thespeaker. An afternoon discussion of theextern program with Associate DeanJoseph Leininger was followed by areception at the Stanford Museum andclass dinners.

20

Bayless Manning J. Keith Mann

21

Applications, Admissions and Entering Enrollmentat Stanford-Ten Years-1961-1971

4000

3500 Perce ltage Illcrcnses "II i\.pplica 'ons atSelecte l.;~l\V :'chooL l~~ive Year,' 1. 66- t

Stanford . __~ .._._~ ~__~ _ 176%arvard _~ ~_ ~.._ ~.._ ..,_ _ 109%ale ..__._._. _.~ _ ..~._ 790c

3000 Pc nsyl tania _ _ .._ _~. 74%Collrnbia _ ..... ..... _ ....__..._..__ 6~0'o

Chicago .... ._..._ ...._.~_ 49o/i,

2500

2200

·2000

1748

I

1500 r1

1000

651

.153_

APPL ('ATIONS1339

1264

1029

500400300200100 • • 4' • • • • • • •

......-1- I _...I I 1... 1 I f I J I1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 (Est.)

Parmer Fuller noted at the April 23 LawAlumni Banquet in honor of BaylessManning, "Now before you take toomuch comfort, Bay, in these indices,I hasten to point out that since youhave announced that you are leavingthe post as dean of the Stanford LawSchool, the number of applicants foradmission has risen by fifty percent."Indeed, it is true, whatever all the causesmay be, as can be seen on the chart,

23

that applications to Stanford LawSchool have risen by 176% in the lastfive years. With about 3,800applications this year, the School cannow accept only about 10% of itsapplicants, compared with 59% in 1961.It is estimated that the class enteringin 1971 will have a median LSAT scoreof 702 (in the 97th percentile) and agrade point average of 3.66.

Deans' Gallery Completed

The Committee on History and Artcompleted the School's gallery of deanswith the presentation on February 20 ofthe portraits of Deans Frederick Camp­bell Woodward and Charles AndrewHuston, executed by John B. Bohrer.

At a luncheon at the Faculty Club briefremarks were made on each of the deansby Sheldon Tefft, James Parker HallProfessor of Law Emeritus, University ofChicago Law School, Professor, Univer­sity of California, Hastings College ofthe Law and Harold Shepherd, WilliamNelson Cromwell Professor of LawEmeritus, Stanford Law School.

Following are Professor Tefft's remarkson Dean Woodward.

Some fifteen years ago, when LarryKimpton was president of The Universityof Chicago, I got an urgent request fromhis office to locate the University's portraitof Fritz Woodward, Stanford LawSchool's dean from 1908 to 1916.

That sh,ould have been a very simple task.Mr. Woodward had been associated withthe University for some forty years andhad made most brilliant contributionsto the institution, first as a professor in itsLaw School and later as vice president,

Charles Andrew Huston

24

and for a time as acting president. Hehad merited and so far as I knew hadcommanded the respect and admiration ofthe entire University.

As a token of its appreciation of hisachievements the University had namedone of its larger dormitories WoodwardCourt. The truth was, however, that,though only Woodward Court bore hisname, nearly every important gift that theUniversity had received while he wasactive in the president's office camebecause of his heroic efforts to further theinterests of the University. The list ofthose benefactions included gifts to endowprofessorships such as the John P.Wilson Professorship in the Law Schoolas well as gifts for magnificent buildingssuch as the Rockefeller Chapel, theBillings Hospital, the International House,and the Burion-Judson Dormitories.

Even the most exacting and cynical of theUniversity's public relations experts wereecstatic in their praise of his effectiveness.Whether books are kept as to suchmatters I do not know, but, if they are,Woodward would be at, or very close to,the top of every such list.

What a shock and what a bitter

Frederick Campbell Woodward

disappointment it was that even afteran extensive and prolonged search I wasunable to locate the portrait! Myfailure was especially frustrating becauseI was so very much indebted to Mr.Woodward. The association with him,though never intimate, had extended overmore than a quarter of a century. Indeed,as acting president of the University hehad approved the appointment to theLaw School faculty of a brash,inexperienced young lawyer fromNebraska and it was because of that thatI have had the rare privilege since 1929of being associated with a most selectcompany of scholars and teachers of law.At Stanford I should mention, in additionto Mr. Woodward, the late Arthur H.Kent and also Harold Shepherd whogreeted me when I came to Chicago. Laterappeared Phil Neal who is now the Deanat Chicago. At Hastings I particularlycherish my association with Brooks Cox,Rollin Perkins, George Osborne, andnow John Hurlbut.

The failure to locate the portrait made memost desolate. How Bayless Manninghas managed to find one I do not know.But, in any event, I salute him. For theportrait will serve, as it should, toperpetuate the memory of a brilliantlawyer, teacher and administrator whocontributed so mightily not only toStanford and the University of Chicago,but, indeed, to the profession and theworld at large.

Professor Shepherd then spoke aboutDean Huston.

During my student days in the StanfordLaw School (1917-22) it was myprivilege to know Dean Huston both as ateacher and as administrative head of theSchool. As a student I took three majorcourses he then taught, agency, privatecorporations and administrative law.I recall this latter course with particularclarity for in this area of the law, which

Harold Shepherd, Mrs. Elizabeth Morrison,Mrs. Harold Shepherd, Mrs. Patty Brenner

has since assumed such major importance,Dean Huston was truly prophetic andalong with Goodnow at Columbia andFreund at Chicago, a sturdy pioneer.I recall it also for another reason which Ishall relate later. During my senior yearin law school as president of the studentlaw association, I was invited notinfrequently to attend meetings in hisoffice for discussions of law school policywhich either affected the students intheir organized capacity, or on which thedean wanted an expression of studentopinion. In both capacities of teacher anddean I came to have for Dean Hustondeep respect and genuine affection.

In physical appearance Dean Huston wasof medium height, somewhat stocky buildand ruddy complexion. He was athoughtful, quiet and gentle person andthese qualities were evidenced both in hisphysical movements and his mannerof speech.

He did not use the Socratic method inhis classes to the extent that some othermembers of the faculty did. Hismethod, so far as I can characterizeit generally, was rather one of quiet andfriendly suggestion and persuasion.His gentle nature caused him frequentlyto go out of his way to assist a studentwho seemed a bit frightened or con-

Bayless Manning, George Osborne, Harold Shepherd, Thomas Ehrlich and Lowell Turrentine

25

fused or was about to involve himselfin some stupidity or intellectual in­consistency. When a student, however,insisted on hanging himself, the deanwould allow him enough rope withwhich to do it.I recall one instance in the first yearcourse in agency which became knownto the students around the Law Schoolas the straw hat method. The seriesof cases under discussion involved theproblem of the scope of the impliedpowers of an agent and the generalsequence of the cases showed ratherobviously e'nough that the implied powerof an agent in charge of a large com­plicated enterprise would be broaderthan those of an agent in charge ofa single isolated transaction. The caseimmediately under discussion involved thelarge complicated enterprise.The Dean: "Can you de~cribe for usthe character of the business?"Student: "Yes, it was an Englishcorporation."The Dean: "But what about the natureof the English corporation's business?"Student: "It was manufacturing."The Dean: (letting out a little rope)"But what about the scope andextent of the manufacturing?"Student: "They made hats."The Dean: "Can't you tell us anythingmore about the enterprise than that?"(The rope was way out now.)Student: (triumphantly) "Yes it was astraw hat business."Dean Huston was a scholarly man whoread widely outside the law as wellas within it. In many of his classesthere were frequent literary allusions andhe would often digress from the caseto give a thumbnail sketch of the judgewho wrote the opinion or to commenton the historical background againstwhich the case was decided. Theseexcursions were always interesting andinformative and reflected, in addition tohis scholarly interests, his convictionthat the law was not a self-containedbody of doctrine which must always bemade to appear internally consistent butrather an institution shaped and modi­fied both by the personalities of thejudges who wrote the opinions andthe historical events of which the lawwas simply a part.In addition to Dean Huston's interest inthe students' organized activitiesthrough the law school association he

26

had a deep and sympathetic interestin individual personal student problems.I cite a personal experience herebecause it was to my knowledge char­acteristic of what Dean Huston didfor other students of my generation.The law school of that day was small innumbers and when World War I camethe school was completely disrupted.Class identities were pretty well lostas those who did come back, came athighly irregular intervals. There was noG. I. Bill, or other public funds, toassist those who could return andscholarships and loan funds were almostnon-existent.

I had completed about half of my lawcourse when I went into military service.The end of the war left me withoutfunds and little hope of being able toreturn to finish. I had secured a low­paying teaching job in a small Idahocollege but graduation from law schoolseemed a long way off. One day outof a completely blue sky came a friendlypersonal letter from Dean Huston. Whyhe took the initiative and how he sensedmy particular personal problem I'mnot quite sure, but in this letter which Ishall always treasure, he strongly urgedand encouraged me to return to Stanfordand said that if I could get back hewould assure me of some part timework either as a Reader in one of thefirst-year classes or work in the lawlibrary and he just might even be able tofind me a scholarship. Under theinspiration of this letter I did comeback. Some of my classmates have toldme similar instances involving their ownrelations with Dean Huston.

In the summer after my graduation fromlaw school Dean Huston met his untimelydeath. Dean Kirkwood who succeededhim wrote me that this had created avacancy on the faculty which wouldbe filled by a junior appointment. I washonored by that appointment and duringmy first year on the faculty at StanfordI was proud indeed to be asked to teachtwo of the courses I had taken as astudent under Dean Huston: agency andadministrative law. I found the course inadministrative law tough going, lackingthe vast background of knowledge thatmy teacher had but the course wasgreatly brightened by the presence in theclass of a brilliant student just beginninglaw school, John Bingham Hurlbut,just now joining the ranks of StanfordLaw School's emeriti professors.

Stanford .in 1910-1911

Preston Lincoln

A second aspect oj the work oj theCommittee on History and Art is thecollection oj memorabilia oj the School.Preston Lincoln, J.D. 1911, recentlywrote his memories oj Stanjord in 1910­1911. They are printed here jor th,interest oj other alumni.

In July 1910 I came to California to visitan 'aunt and uncle in Palo Alto aftercompleting a year of mechanicalengineering, a four year course in threeyears in economics, history, biology,ethnology, geology, logic, psychology andEnglish, French and German literature,and two years of law at New YorkUniversity, or seven years work in fiveyears.

I combined my senior B.S. work in themorning with first year law work in theafternoons of 1908-1909; and served asan instructor in the Biology Departmentof N.Y.U. in the mornings and as a statereader to a blind law student in theafternoons of 1909-1910, receiving a B.S.in Pure Science in June 1909 and LL.B.in 1910 at N.Y.U.

During my five years at N.Y.U. I lived athome and commuted to UniversityHeights in the mornings and to Washing­ton Square in downtown Manhattan inthe afternoons.

My uncle, Walter D. Tobey, had come toNevada from Massachusetts in 1895 towork on the Union Pacific Railroad butwas also interested in mining. When Icame ou~ to visit him and my aunt theylived in a house at the northwest comerof Hale and Hamilton Streets in PaloAlto that was then worth $50,000. It still

27

appeared in good condition when I lastsaw it in 1969.

In 1910 my uncle was a director of theWells Fargo Express Company, a memberof the Pacific Union Club and presidentof the Tahoe' Transportation Companywhich then owned or operated almosteverything at Lake Tahoe.

Soon after my arrival my uncle and aunttook me over to Stanford to see thebuildings and visit the Law School. Onmeeting Dean Woodward I gave him abrief abstract of my undergraduate andlaw school work at N.Y.U. and askedhim what credit Stanford Law Schoolwould give me toward an advanceddegree. He said I would receive full credittoward a J.D. degree after a year of studyand that my J.D. degree would admitme to the California Bar without examina­tion, so I decided to stay and get mydegree there. This is how and why Ibecame one of the first 87 to receiveLL.B.'s or J.D.'s from Stanford.

In 1910 the Law School had only threeclass rooms that I remember, and the J.D.class met in one that looked into theinner court or quad facing the Chapel,which was then being rebuilt. Myimpression is that there were windows atthe back and others along the side facingthe Chapel, or right side as we faced thedoor and the Professor's stand. Therewere continuous desk tops painted a dullgrained green, with shelves for booksunderneath; and each desk top hadaccommodations for four or five studentswith hard bottom wooden chairs withneck-high rounded backs above the arms.My recollection is that there were fouror five rows of such desk tops on eachside of a center aisle. The Law Librarywas across the arcade from the classroom.

The only law professors that I had any­thing to do with were Dean Woodward,Professors Bingham, Cathcart, Hohfeld,Huberich and Professor, later DeanHuston, succeeding Dean Woodward. .My memory of Professor Huberich isvague but that for the other Professors isstill vivid, visually and otherwise.Professor Hohfeld had the keenest mindbut all the Law School faculty knew theirsubjects and were excellent teachers."Publish or Perish" had not yet become amotto at Stanford.

Map of Stanford in 1910-11

I also took one course under PresidentJordan and Professor Krehbiel in whatthe irreverent called Dr. Jordan's "Pipe ofPeace" or "Peace Pipe."

I proceeded to enlist in Company L, 5thInfantry, California National Guard, inPalo Alto, and took two weeks out ofmy first term in Law School to go toTraining Camp at Atascadero in October1910.

After my first term exams ProfessorHohfeld told me that he had passed meonly because he felt that I knew morelaw than I showed in my answers. I didbetter in my second term but after I hadreceived my J.D. diploma. DeanWoodward told me that there had beenconsiderable discussion among the facultyas to whether I should get it. He alsotold me that he thought I would do betteras a lawyer in Massachusetts (where Iultimately practiced for 56 years) thanin California.

In 1910, as I remember it, Stanford hadonly 1700 students; between it andEl Camino Real were first a wide stretchof turf and then a large grove ofeucalyptus trees with a wide palm linedavenue.

To the east and west of this weredormitories for women and men, the

28

Leland Stanford Junior Museum, theStanford home and Dr. Jordan's home.East of the Quad was Lasuen Streetwith a book store on its east side oppositethe Quad. South of this was a smallPost Office, the power house with itsfamous chimney and several servicebuildings, including a commonsrestaurant, the University Inn.

On Lasuen Street was a row of fraternityhouses and a row of houses occupiedby faculty members and administrativeofficers. I had a room in the home of Mr.Ames, the University Bursar, at15 Lasuen Street. This house was stillstanding in 1968. Several Engineeringstudents also roomed there and we shareda common bathroom.

I ate breakfasts and lunches at aCommons dining room west of the Quadas I remember it. A Miss Short, anassistant in the Department of Education,and Miss Merrilees of the Englishfacu1ty also ate there. I ate all my dinnersat the home of my aunt anduncle in Palo Alto, and spent Saturdaynight there and most of Sunday. TheChapel mosaics and interiorwere still being repaired after theearthquake; and I attended All SaintsP.E. Church in Palo Alto, where I taughta class of teenage boys in the ChurchSchool for the Rev. David J. Evans.

Because I spent all of my evenings andweekends in Palo Alto I had practicallyno contact with the undergraduatestudents and very little with my J.D.classmates out of class; but I did somegym work and went to Berkeley as a"Rooter" for the football game with V.C.Stanford students tried to raise balloonscarrying a large Stanford banner butthe attempt failed and we lost the Game.I also attended the musical comedyand two plays on the Quad, bringing aPalo Alto girl.My uncle and aunt belonged to afour-family bridge club in Palo Alto andmy uncle and some of his friends alsoplayed cribbage, w ich he taught me. Iwas a dub at bridge, but learned cribbageso well that before I left Palo Alto Icould score even with him. On oneoccasion our whole bridge club went byauto to the home of the Lathrops ona hill upon the Stanford Farm. They hada teen-aged daughter named Herminawith whom I danced at several parties inPalo Alto.There was a very fine and active dramaticclub in Palo Alto in 1910-11 andProfessor and Mrs. Bingham were veryfine actors in several plays, especiallyMoliere's "Medecin Malgre Lui,"performed in English. He was the onlyLaw School professor who took any partin Palo Alto activities that I remember.In 1910-11 there wa a toonerville trolleyline that ran from the Quad P.O. toHale St. in Palo Alto. At one crossingnear the Quad was a RR Xing warningsign with a bell that frequently rangfalse warnings and kept them up.It was such an annoyance that it waswrecked several times at night and thetrolley line gave up the attempt tokeep it going.One night a trolley car got stalled onthe S.P. grade crossing and a freighttrain wrecked it. I saw the wreck on myway to my campus room. Some studentmade off with the fare regi ter as asouvenir of this event. Later, in aparade of people in fantastic costumesone man appeared in a white gown andhood with eye holes in it, and with bigRR X warning signs on chest andback, a sign "The Ghost of theDamnnuisance" and an alarm clockunder his robe, which he rang at intervals.One fraternity got involved in an initiationscandal which involved a bathtub, andwas severely disciplined. For a weekafterward a bathtub upended stood on

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the upper porch of the Frat house with a"For Sale" sign on it.To supplement my allowance fromMassachusetts I tutored the teenagedaughter of Mr. and Mrs. Ames inHistory and Geography and later tutoredtwo pre-school sons of a Mr. and Mrs.Corryell in Menlo Park. Mrs. Corryellwas a Pullman heiress as I remember it.The Rev. Mr. Gardner, chaplain atStanford, was scandalized at my chargefor this tutoring, but the Corryells wereso pleased with it that they invited meas a "fill-in" guest at a white tie dinnerparty. I rode to it on a bicycle in apouring rain.My J.D. Class had a photo taken of us inour robes but I spoiled it because mytrousers were too long and looked as ifthey were about to fall down, thoughwell secured. I lost my copy long ago inthe course of several moves.According to Dean Emeritus Kirkwoodour J.D. Class started out 20 strong in1910. Only five of us were left in 1968and I am the oldest and senior alumnusof Stanford in Boston, Massachusetts atthe present time. It is only within thepast ten years that there has been anyStanford alumni activity in Boston, andPresident (now Chancellor) Sterlingwas the first President of Stanford to visitBoston, where there are now about 1,200alumni.In 1910-11 Stanford was as "dry" asDr. Jordan could make it and any studentgoing to Menlo Park for "liquidrefreshments" and caught at it, was indanger of suspension, sometimes for ayear. This led to the alibi that "My eyeswere weak and I had to rest a year" inthe Road to Menlo Song.

(from memory)Oh, there's the road to Menlo

As plain, as plain can be.And if you want to see a wreck

Just take a look at me.For I have been to Menlo and tasted

of the beer;And that's the reason my eyes are

weakAnd I had to rest a year.

I wish I had an ocean of rum andsugar a million pound.

The dear old Quad to mix it in.The chimney to stir it round

I'd drink a toast to the cardinalSo glorious and so true, and join in

the rollicking chorusTo hell with the Gold and Blue.

Law Fund, Film Society Raise $ $ $

Law Fund surpasses 1970 goalFor the first time in its 26-year history,the Stanford Law School Fund this yearexceeded $100,000 in regular annualgifts to the School.

While final tabulations will not be madeuntil the close of the Fund's fiscal year onAugust 31, gifts recorded at the Fundoffice totalled $100,370.49 at the close ofbusiness on May 7, according to LawFund President Thomas M. Hamilton '37.The Fund had a 1970 goal of $99,000.

Thirty alumni classes participated in anexperimental program of class-orientedsolicitation by class agents this year.Alumni in those classes exceeded all otheralumni in annual giving by a margin oftwo-to-one.

The governing body of the Law Fund, atits meeting at the School on April 21,voted unanimously to incorporate theclass agent program into the Law Fund ona permanent basis, and to name classagents in most other alumni classes.

In announcing the Law Fund's recordPresident Hamilton paid special tribute tothe hundreds of volunteers who served inthe regional personal solicitation program,to the new class agents, and to theapproximately 1,200 a umni, friends andfaculty members who have contributedto the Fund since the start of its 26thannual effort last September.

"We started out to raise more annualmoney this year than we had ever raisedfor Stanford Law School before, and toexceed our 1968 goal by 20%," Hamiltonsaid. "We have more than accomplishedboth those goals and the splendid resultsare an affirmation by Stanford lawyersof the pride we have in our School andof our recognition of the very greatdebt each of us owes to Stanford forhis fine legal education."

Hamilton 'also announced the appointmentof Robert C. Clifford '51 of Oakland,Richard D. DeLuce '55 of Los Angelesand Henry Wheeler III '50 of Boston asvice presidents of the Law Fund.

Presentation of Film Society proceeds: Thomas M. Hamilton '37, Law FundPresident, Peter Herman, Bayless Manning, Thomas Ehrlich, Assistant DeanThelton Henderson.

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Film Society Scholarship

The Law School Film Society, formedlast fall, has raised about $3,500 forminority scholarships by taking advantageof the wide campus interest in filmsold and new.

Motive power for the society comes fromPeter Herman '71, founder and president,who not only got brand new films toshow but persuaded some of theirproducers and directors to conductinformal seminars at the School.

For example, Producer Richard Gold­stone's new film, The Babymaker, filledBishop Auditorium to overflowing twicein an evening at $1 a head.

At Herman's urging, Gordon Stulberg,president of Cinema Center Films, cameto Stanford with a private showingof his. company's latest film, Somethingfor Everyone, screened in the homeof a society member.

The following day Stulberg held aninformal seminar on contemporary filmmaking with student movie buffs.

Director Robert Wise, winner of fourAcademy Awards, brought a print of hispicture, The Sand Pebbles, to Stanfordto show and then stayed for the screeningand discussion afterward.

Jack Valenti, President of the MotionPicture Association of America, spoke tothe audience on the problems of movieregulation and censorship before theshowing of Twelve Angry Men.

Older classic films, such as The MalteseFalcon, Casablanca, Wild Strawberriesand R-ebecca have drawn capacity crowdswhose admission fees have helped fillthe scholarship coffers.

Herman will receive his law degree inJune and expects to go to work for aSouthern California law firm whichspecializes in entertainment law.

"Th.e reason the Film Society has been sosuccessful is that we show great films inorder to raise funds for scholarships,"

31

Herman said. "We intend to .continuethis program in the coming years, andnext year we will have a six-day filmfestival."

To get the Society started, Hermancircularized all 500 law students forfunds pointing out that the Law Schoolshould foster film appreciation and raisemore funds for minorities.

Thirty law students and professorsresponded with donations from $5 to $25each. This totaled more than $400, allof which has since been paid back outof the Society's profits from fall andwinter movie showings.

Jack Valenti

ews of the School

Christmas party HeldThe Annual Stanford Law School Christmas Dinner was held onDecember 15 hosted by the Stanford Law Association. Theevent included dinner, a skit entitled "Cool Hand Bay" and the singingof Christmas Carols. Distributed with the program was a poem,excerpts of which follow.

'Twas the night before Christmas at the Stanford Law School

Our hero awoke in the middle of Manning's Sweat Shop.He is surrounded by horrid and frightening creatures,for dressed as Santa's elves he sees all his teachers.

And then There's Elf Charlie and I don't mean Dickens,from the first day to the last the pace ever quickens.His courses are property and oil and gasses,but unlike his students this usually passes.

Then to the center of our poor student's dreamsprings Stanford's very own fungible Dean.But Bayless' stay at the Farm will end soon,someone else will be Manning the deanship come June.

Professor Pa ker HonoredProfessor of Law Herbert L. Packer has been honored twice in recentmonths. In December it was announced at the Association of AmericanLaw Schools meeting that he was one of two winners of the TriennialCoif Award for the most significant contribution to legal scholarshipover the preceding three-year period. Professor Packer's awardwas for his book The Limit of the Criminal Sanction.More recently he received a John Simon Guggenheim MemorialFoundation award along with 12 other Stanford facultymembers. The Guggenheim scholars receive a grant of cash enablingthem to travel or finance creative projects at home.

Chickering Discusses CRLALawrence Chickering, general counsel to the California State Office ofEconomic Opportunity, spoke in support of Governor Reagan's vetoof the California Rural Legal Assistance program to law students onFebruary 10. He criticized the CRLA for violations of a contractwith OEO, as well as ineffectiveness and fostering an "antipovertyestablishment." He suggested that the proposed "Judicare" programcould safely eliminate these problems. There was an active question andanswer period following in which some students expressed criticismand doubt of the proposed plan.

32

William Kunstler

William Kunstler Visits Cam.

"Chicago-Seven" trial lawyer, William Kunstler visited the Stanfordcampus on February 19 under sponsorship of the Law Forum.During the morning he discussed "Movement Lawyerhood" with lawstudents, while the afternoon was spent in a panel discussion on"Law, Order and the Administration of Justice" with ProfessorsAnthony Amsterdam, John Kaplan and Wayne Barnett before a packedaudience of 400.

Pierre ILLeka Jenik Radon and H. E. Melih Esenbel

e tional Society Hosts AmbassadorsThe International Society hosted a visit by Ambassador Pierre Ileka ofthe Republic of the Congo on April 6. He outlined the developmentof the Congo from the time of the revolt against Belgium in 1960through civil war to its present government, the Second Republic,established by the army in 1965 and pointed out the economic andsocial improvements brought about by the present administration.

On April 7 Turkish Ambassador H.E. Melih Esenbel spoke to theInternational Society on the political and economic stability ofhis country. Ambassador Esenbel emphasized the improvement of thestandard of living in Turkey and said it would continue to developthrough determination and effort on the part of the people as well asthrough foreign aid.

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Yale Professor Discusses WarAlexander Bickel, Chancellor Kent Professor of Law and Legal History,Yale Law School, and presently at the Center for Advanced Study inthe Behavioral Sciences, discussed "The President, the Congressand the War-Making Power" on April 21 in a talk sponsored by theLaw Forum.

Bickel spoke of the division of power established in the Constitutionwhich, in effect, restricts the power to make war to Congress.According to Bickel this war-making power belonging to Congressradically shifted to a presidential power in 1965 under Lyndon B.Johnson. This action, he claimed was "unconstitutional", an extensionof power that should be reclaimed by Congress. He declared the"war has been a moral error" and said, "Democracy should notwage war when a substantial body oppose it morally and politically."Bickel noted the "double error" of the war-an error of commissionby the President and omission by the Congress and said that Congressmust reclaim its authority.

A lexander Bickel Michael Kennedy

"Movement" Lawyer Denounces Legal System

Michael Kennedy, attorney for suspended Stanford Englis,h ProfessorBruce Franklin, discussed "Law as a Repressive Force" undersponsorship of the Lawyers Guild and the Law Association on April 29.In a senes of criticisms leveled at almost every branch of jurisprudence,he stated that he has more respect for the dropouts of societythan the lawyers who perpetuate the law. He summarily denouncedthe State Bar whose ethics were determined, he said, by old, richand successful lawyers; Governor Reagan for his California Rural LegalAssistance policies; the courts for their alleged lack of respect fordefendants, defense attorneys and the system of law; prosecutorswho look towards the number of their convictions rather than justice;and the grand juries' supposed theme that very few haverespect for the law.

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Sargent Shriver Speaks At ''Law Review" BanquetR. Sargent Shriver spoke to about 180 students, alumni and faculty atthe annual Law Review Banquet on May 1.Shriver exhorted his audience to "make justice come alive in the streets,not just in the library." He cited the present problems of CaliforniaRural Legal Assistance, saying that the principle of legal representationfor all is being challenged by Reagan and others who are attemptingto cut off CRLA funding.

The former ambassador, now practicing with Fried, Frank, Shriver,Harris & Jacobson, also explored the possibility of law teaching clinicsconnected to law schools in much the same manner that teachinghospitals are linked with medical schools. In his view this wouldbe a way of bringing practical training to law students while servingthe legal needs of the community ~

Earlier in the evening Toastmaster Charles J. Meyers introduced theReview's first legislation editor Seth Hufstedler. Hufstedler, chairman ofan alumni committee to fund the Law Review, noted changes in theReview in its first 23 years. When Hufstedler started law schoolin 1946 Carl Spaeth had just become dean and started three majorprojects in Hufstedler's view: built the faculty, later agumentedby Bayless Manning; restructured the curriculum and created theLaw Review.

Outgoing Law Review President Richard Timbie presented certificatesto Review officers and also one to Bayless Manning making him anhonorary editor and one to Carl Spaeth-the founder's certificate. Healso announced the dedication of Volume 23 to Mrs. Virginia Birch,business manager of the Review for 19 years.

Hilary Goldstone, R. Sargent Shriver

35

Law School Professors Participate In Harvard ConferenceA Conference On American Legal History was held April 30 throughMay 2, 1971 at Harvard Law School. Two Stanford Law School facultymembers participated. Professor Gerald Gunther was on a paneldiscussing "Editing the Materials of Legal History" and ProfessorLawrence M. Friedman discussed "Legal History-Goals andDirections."

min is Attomey General Talks About Pollution'.'State Institutional Legal Action Against Environmental Polluters"was the subject matter discussed by William J. Scott, Attorney Generalof Illinois, on May 3 at a meeting sponsored by the Law Forum.Scott described the problem of pollution as world-wide and said weare in a "race against time" to deal with it. He expressed his great desireto reach the student generation with the magnitude of the problemas it is that generation, and the one to follow, to be most greatlyaffected. Scott's plan is to combat the problem economically so that itis no longer profitable to pollute, i.e., place such high fines on pollutersthat it will be easier and less costly to implement pollution controlthan it is to continue pollution. Scott said, however, that "no state ornation can do it alone. The job must be done on a world-wide basis."

William Scott

Moot Court FinalsThe Nineteenth Annual Marion Rice Kirkwood Moot Court Competitionwas held at Stanford on May 8. Counsels for the petitioner,Michael Goldstein and Elden Rosenthal and counsels for therespondent, James Ware and Lance Wickman, presented theirarguments to a court composed of The Honorable Thurgood Marshall,United States Supreme Court, The Honorable Walter Ely, United StatesCourt of Appeals, Ninth Circuit, and The Honorable Joseph Rattigan,California Court of Appeal, First District. The questions argued were:1. Whether citizens are deprived of First Amendment rights by thecollection and systematic retention by a city police force of informationconcerning lawful political activity and the participants therein;2. Whether injunctive relief is appropriate. Mortimer Herzstein '50,of the Stanford Law Society of Northern California, presentedthe Society's awards. Jim Ware placed first and also won the prize forthe best brief. Elden Rosenthal took second place honors.

On Friday evening Justice Marshall answered questions from theaudience at a session sponsored by the Law Forum. His commentsranged over such topics as the reduction of jury size in civil cases infederal courts and his chosen profession had he not become a lawyer­his answer: a bootlegger. When asked if he thought the burden ofwork of the Court would be reduced by the addition of one or morejustices" the Justice replied that the bench is built so that it willnot take any more seats; he also stated he thought the Court was nowof the correct size.

36

Justice Marshall described his working relationship with his threelaw clerks as a cooperative one. He said he and his three law clerksworked closely together, voting on each issue, though hi votewas weighted. He stated that the value of clerking experience to thetrial lawyer was that the clerk learned how to do research.

The Court-Joseph Rattigan, Thurgood Marshall, Walter Ely

Justice Thurgood Marshall James Ware

Greyan Rab- to be New Faculty Members

Thomas C. Grey will join the Stanford Law School faculty as anassistant professor on July 1, 1971. Mr. Grey received his A.B. fromStanford in 1963 and spent the following two years as a MarshallScholar at Oxford University. Following his graduation fromYale Law School in 1968, he was clerk to Hon. J. Skelly Wright ofthe United States Court of Appeals. In 1969-70 Mr. Grey was clerk toJustice Thurgood Marshall of the United States Supreme Court andfor the past year has been associated with Washington ResearchProject, a public interest law firm.

Robert L. Rabin, Visiting Associate Professor from the University ofWisconsin, will become a member of the Stanford Law faculty onJuly 1 also. Mr. Rabin received a B.S. in 1960, a J.D. in 1963,and a Ph.D. in political science in 1967 from Northwestern University.He was a research assistant for the American Bar Foundation in 1963and for the Office of Education Study of Racial Imbalance inChicago Schools in 1965. During the summer of 1962 he was with thefirm. of Isham, Lincoln & Beale in Chicago. He has been a member ofthe Wisconsin Law facu1ty since 1966. While at Stanford he has beenteaching torts, legal process and administrative law.

Estate Planning Competition Winner

Bruce Newman Warren '71 won first prize in the ninth nationalEstate Planning Competition sponsored by the First National Bank ofChicago. Warren received a prize of $1,000 for his paper, "TheIncome Tax Effects of Partially Donative Transfers."

37

Law SocietiesARIZONAProfessor John Kaplan spoke at aluncheon meeting of the Stanford LawSociety of Arizona, chaired by NewmanR. Porter '55, on January 15. Later in theday Professor Kaplan talked to about 50representatives of the Phoenix citygovernment and various civic and serviceorganizations in the city on"Marijuana-The New Prohibition."

DISTRICT OF COLUMBIAThe Stanford Business School Associationand Stanford Law Society ofWashington, D.C. hosted a jointdinner meeting on December 10 withDean Arjay Miller of the Business Schoolas the speaker.

At a luncheon meeting on January 20David Packard, deputy secretary ofdefense, addressed the D.C. Law Societyon "Current and Future Aspects of UnitedStates Defense Policy." Geoffrey R. W.Smith '70 chaired the meeting andAssistant Dean Bruce Hasenkamp '63brought news of the School.

On June 1 the Society had a dinner inhonor of Dean-designate Thomas Ehrlich.

GREATER EAST BAYCharles J. Morehouse '64 chaired theFebruary 19 dinner meeting. ProfessorCharles J. Meyers spoke on Environ­mental Law Activities at the School.

NEW YORKDean-designate Thomas Ehrlich spoke tomembers of the New York Law Societyduring a cocktail gathering on June 2.

NORTHERN CALIFORNIA-NEVADAThe annual dinner meeting in SanFrancisco honored Stanford judges in theNorthern California-Nevada area. PaulSpeegle '31 was toastmaster.

PENINSULA"New Student Programs at Stanford LawSchool, 1971" was the subject of a paneldiscussion on February 8. Dennis Wollan'71, Edward Keech '70 and Adam vonDioszeghy '70 participated. Dick W.Bennett '66 arranged the dinner meeting.

SANTA CLARAOn May 26 Dean-designate Thom'asEhrlich spoke on "Six Students in Searchof a Legal Education."

SOUTHERN CALIFORNIASeth M. Hufstedler '49 spoke at theFebruary 18 luncheon in honor ofStanford Law School graduates newlyadmitted to the California State Bar.

R. Chandler Myers '58 hosted a dinnermeeting at the Thistle Inn on April 12.Professor William Cohen's subject was"The Burger-Blackmun Court-How Much is New?"

Mr. Myers also hosted the annual dinner­dance on May 14.

UTAHBayless Manning spoke at a dinnermeeting of the Society in Salt Lake Cityon December 10.

WASHINGTONProfessor Moffatt Hancock related acurious tale of "Love, Law, Theology andPolitics" at a December 4 dinnermeeting in Seattle chaired by WilliamG. Pusch '60.

Assistant Professor Paul A. Brest spokeon "Seventeen Years of SchoolDesegregation" at the May 17 meetingof the Society.

Joan ALLen, Sue Meyer, Geoffrey R. W. Smith, Robert H. Rose, David Packard, Betty M. Vetter

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Degree Reconferral

Since the Stanford Board of Trusteesapproved changing the name of the basicprofessional law degree from LL.B. toJ.D. in June 196'9, some 1,216 alumnihave applied for reconferral of theirdiplomas to reflect the new terminologySix LL.M. holders have purchaseddiplomas bearing the new designation fortheir degree, J.S.M. (Master of theScience of Law) .

Applications for J.D. and J.S.M. diplomasare still being accepted by the School.Since the number of orders has slowedto a trickle, orders for oredesignateddiplomas are now processed on an annualbasis, to reduce engraving and printingcosts, which skyrocket for small orders.Inflation has also forced an increase inthe reconferral fee from $30 to $35.

The School determined the originalreconferral fee based upon the expensesof providing 1,200 J.D. diplomas, anestimate that was based on the percentageof alumni of other law schools that tookadvantage of reconferral offers. Only 16more alumni ordered J.D. diplomas thanwas projected.

When the reconferral program began inJuly of 1969, the School had on record437 J.D. recipients, 2,869 LL.B. holdersand 57 LL.M. holders. Including J.D.'sawarded since June of 1969, the numberof J.D. holders is slightly over half thenumber of Stanford Law graduates.

In contrast with reconferral arrangementsof other law schools, Stanford alumniwere offered exact duplicates of originaldiplomas. Sheepskin was orderedespecially from England for diplomasdated prior to 1966, when Stanfordceased using genuine skins because oftheir scarcity ~d high price; allreconferred diplomas.carried originalsignatures; more than eight specialengraving plates and dies were cast toduplicate as exactly as possible the designsof original diplomas; hoand coloring wasapplied as in the originals.

Stanford Law School

Stanford, California 94305NONPROFIT ORGANIZATION'

u.s. POSTAGE

PAIDPALO ALTO, CALIFORNIA·

PERMIT NO. 28

THIRD CLASS