1971- · PDF fileHe was a pioneer scholar in admin istrative law, ... the earlier digests...
Transcript of 1971- · PDF fileHe was a pioneer scholar in admin istrative law, ... the earlier digests...
The American Bar Foundation is the legal research affiliate of the American Bar Association. Its institutional mission is to conduct research that will enlarge the understanding and improve the functioning of law and lega l institutions. The Foundation's work is supported by the American Bar Association, the American Bar Endowment, The Fellows of the American Bar Foundation, and by outside funds granted for particular research projects .
. . . in the Intelligent Pursuit of Ordered Liberty
American Bar Foundation: Officers. and Directors January 1, 1973
'Hon. Erwin N. Griswold, President, Solicitor General of the United States (1973)
"Maynard J. Toll, Vice-President, of the California Bar (1974) W. Page Keeton, Secretary, Dean, University of Texas Law
School (1977) Karl C. Williams, Treasurer, ex officio, Treasurer of the
American Bar Association, of the Illinois Bar (1973)
Hon. Dudley B. Bonsal, U.S. District Judge, New York (1976) •Harold J. Gallagher, of the New York Bar (1973) 'Joseph H. Gordon, of the Washington State Bat (1977) •Phil C. Neal, Dean, University of Chicago Law School (1974) Hon. Lewis F. Powell, Jr., U.S. Supreme Court (1975)
*Bernard G. Segal, of the Pennsylvania Bar (1975) Edward L. Wright, of the Arkansas Bar (1976)
•Member of the Executive Committee.
ex officio
Robert W. Meserve, President, American Bar Association
Chesterfield Smith, President-Elect, American Bar Associa-
tion
Hon. James K. Groves, Chairman, House of Delegates, American Bar Association
Harold H. Bredell, President, American Bar Endowment
Clarence L. Yancey, Chairman, The Fellows of the AmErican
Bar Foundation
John A. Sutro, Vice-Chairman, The Fellows of the American
Bar Foundation
Officers, October 1971-0ctober 1972 Hon. Erwin N. Griswold, President
Hon. Dudley B. Bonsal, Vice-President
Maynard J. Toll, Secretary
Joseph H. Gordon, Treasurer
In Memoriam
The death of E. Blythe Stason, long associated with the Foundation, instrumental in i ts creation, and vigorously supportive of its efforts, is keenly felt.
Dean Stason was appointed Executive Director, then called Administr<1tor1 of the Foundation in 1959 and for the first year served a joint parttime appointment while finishing his service as Dean at the University of Michigan Law School. On his retirement from the Foundation in 1964, he resumed his law teaching career at Vanderbilt University, then returned to Michigan in 1970 to pursue scholarly activities at the Law School.
Dean Stason was an energetic and effective Director of the Foundation. His efforts contributed substantially toward the growth and development of the ABF as a research institute.
He was a pioneer scholar in administrative law, particularly state administrative law. He was in the vanguard of those working on the interface of law and the physical sciences, which was facil i tated by his background in
E. Blythe Stason
engineering as well as in law. His pioneering concern for the legal problems in the peaceful uses of the atom led him to make a significant contribution to atomic energy law_
The Foundation has lost a dear friend, a great benefactor, and a valued colleague.
The Program of the
American Bar Foundat·ion
This report, which covers the period July 1, 1971, through December 31, 1972, describes the current program of the Foundation . The next Annual Report will cover the period January 1 to December 31, 1973.
The Foundation carries on many activities in the field of law. The major effort is in research that seeks to explore in depth specific problems or questions about various areas of the law, how the legal profession works, and the actual operation of legal institutions and programs.
Project development, the natural predecessor to such research, is a continuing work activity at the Foundation to develop the perspective needed to structure a reliable research program and research product.
Special programs of the Foundation are the Law Review Research Program, the Legal History Fellowship Program, the Samuel Pool Weaver Essay Competition, and the Visiting Scholar Program.
In addition, supporting services are provided under the auspices of the Foundation, among them, the Crom· well Library, special services to the organi zed bar, and the publishing of works produced by Foundation research.
All these activities are of course aimed at enlarging the understanding and improving the functioning of law and legal institutions.
On the following pages the work of the Foundation is presented In the following order: Research Projects, Projects in Development, Special Foundation Programs, and Supporting Services.
The Mentally Disabled and the Law
The revised edition of The Mentally Disabled and the Law (xx+487 pp. 1971), edited by Samuel J. Brake! and
Ronald S. Rock, which represents a complete updating of the Foundation's 1961 work, was published for the Foundation by the University of
Chicago Press in late summer of 1971. This encyclopedic treatment of laws relating to the mentally ill includes a classification and analysis of the statu
tory provisions in all fifty states.
Judicial Removal, Discipline, and Retirement
William Thomas Braithwaite, Affiliated Scholar,* completed this project
with the publication by the Foundation of Who Judges the Judges? A Study of Procedures for Removal and Retirement (xviii+167 pp. 1971). The book reports a five-state study of
*A complete list of Affiliated Scholars is given on page 28.
Research Projects
formal and informal procedures for
removing and retiring judges because of misconduct or disability.
Corporate Debt Financing
The Commentaries on the Model Debenture Indenture Provisions-1965; Model De benture indenture Provisions, All Registered lssues-1967; and Certain Negotiable Provisions (xvii + 591 pp. + Appendixes; 1971), was published in October 1971 by the
Foundation . This volume represents the intensive work of a skillful and
dedicated Advisory Committee of lawyers experienced in corporate financing, under the direction of William H. Mathers, Affiliated Scholar, of
the New York Bar.
Public Interest Responses of the Private Bar
The Lawyer, the Public, and Professional Responsibility (xii+ 305 pp. 28,
Research Work Completed
1972), by F. Raymond Marks, project
director, with Kirk Leswing and Barba ra A. Fortinsky, was published by the Foundation in February 1972. The volume reports on new ways in which
the private bar is responding to demands or needs for services by groups that have not been represented in the
past.
Unauthorized Practice Handbook
The Unauthorized Practice Handbook (xvi +367 pp. 1972), compiled and
edited by Justine Fisher and Dorothy H. Lachmann, is an incorporation and
updating of earlier publications on unauthorized practice of law, the Unauthorized Practice Source Book and the Unauthorized Practice Statute
Book, second edition . The Handbook presents a compilation of cases and commentary in detailed outline form .
Case lists and an index are also included. The project was under the direction of Barlow F. Christensen.
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The Organized Bar's Response to the Mililary Legal Assistance Program
Under the direction of F. Raymond Marks, this study analyzed the symbolic conflicts and/or resolutions be
tween availability and delivery of legal services and short- and longterm professional interests. The report was published by Marks as "Military Lawyers, Civilian Courts, and the
Organized Bar: A Case Study of the Unauthorized Practice Dilemma," 56 Military Law Review 1 (1972), and
was reprinted by the Foundation in August 1972 for wider distribution.
Research on the Legal Profession
Research work about the legal profession in the United States has been
published in a steadily increasing quantity for several decades. However, no coherent record of this ef
fort has ever been assembled, and some of the work product is not well known. Researchers working in the
field have called for a systematic
survey and review of the work done
thus far. Olavi Maru, Librarian of the Cromwell Library, undertook an interdisciplinary literature search and prepared a monograph that includes evaluations of much of the work done. His work, Research About the Legal Profession: A Review of Work
Done, was published by the Foundation in December 1972.
Digest of Ethics Opinions Supplement
The 1970 Supplement to The Digest
of Bar Association Ethics Opinions, by Olavi Man.(, will be published early in 1973. This supplement in
cludes digests of opinions issued by various bar associations from 1966 through 1970, the earlier digests of which were given in the Digest of Bar Association Ethics Opinions.
In addition to digests of opinions from associations included in the main volume of the Digest the 1970 Supplement includes complete sets
of opinions from two associations
that were not included in the original volume. These are the State Bar of Arizona and the State Bar of California.
The Supplement also includes numerous early opinions of The Florida Bar and of the Los Angeles County Bar Association that were not available for inclusion in the main volume, and all published and unpublished informal opinions of the Amer
ican Bar Association.
Lineup Identification of Criminal Suspects
A study was completed on the pre
trial police lineup process, assessing the factors contributing to erroneous
identification. This project critically reviewed the legal rules and the psychological research pertinent to
the police lineup and the lawyer's role in it. Its aim was both to define the lawyer's role and to investigate the conditions of suggestibility and the dynamics militating against accu
rate and fair pretrial identification.
The project's report, "The Psychology of Criminal Identification : The Gap from Wade to Kirby," by June L. Tapp, formerly Staff Research Social Scientist, and Felice ). Levine, will be published early in 1973 by the University of Pennsylvania Law Review
S tati~tic~ on I awyers
The 1971 Lawyer Statistical Report, edited by Bette H. Sikes, Clara N. Carson, and Patricia Gorai, was published in March 1972. Based on data furnished by Martindale-Hubbell, Inc., the Report classifies the U.S. lawyer population by city-size groups, age, education, and general types of practice. Data are also given on distribution, by practice situation and city size, of graduates of most of the law schools in the United States.
Also now in production is a supplementary publication, Women Lawyers: Supplementary Data to the ·1971 Lawyer Statistical Report, under the editorship of Martha Grossblat and
Bette H. Sikes. Also based on Martindale-Hubbell data, Women Lawyers presents information on lawyers nationally and in each jurisdiction in terms of sex, age group, education, city-size group, and types of practice. In addit ion, Jaw school enrollments are presented by sex.
Women Lawyers, to be published early in 1973, represents the first such tabulation of data on lawyers by sex.
The project has been directed by Barlow F. Christensen.
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Ongoing Research
STUDIES OF THE LEGAL PROFESSION AND LEGAL SERVICES
Judicare Evaluation
Judicare is the system that provides legal services to the poor by public payment of the fees of private attorneys who serve the poor on the same basis as other clients. This project has been evaluating the effectiveness of Judicare, with special emphasis on the Judicare program in Wisconsin, the largest-scale Judicare experiment in the country. An interim report on the program in northern Wisconsin, Wisconsin Judicare:
A Preliminary Appraisal, by Samuel J. Brakel, was published in December 1972.
The interim report and further research focuses on the type, amount, and quality of service rendered and explores the economic feasibility of this arrangement as compared to other methods of providing legal services to the poor. Additional information is being collected in Wiscon-
sin, Michigan, and Montana. Samuel J. Brakel is directing the project.
Prepaid Legal Expense Insurance
An evaluation of the experiment being conducted in Shreveport, Louisiana, this project has focused on the way legal insurance affects the costs of legal services, problem identification, problem solving, and attitudes about law and lawyers of people who use the law. The report, The Shreve
port Plan: An Experiment in Delivery
of Legal Services, by F. Raymond Marks, Robert Paul Hallauer, Richard R. Clifton, with the assistance of Phyllis Munro Satkus, will be published in the spring of 1973. F. Raymond Marks has directed the project.
Legal System and Persons of Limited Means
This project involves preparation of an integrated report on earlier studies of legal services for the poor. The
report will examine the present system for delivering legal services to low-income persons, with the aim of
determining the diversity in defini tion of need and of analyzing the extent to which these needs are being met by the present system. Further, it will evaluate how and in what respects the present network of offerings can be made more efficient or more responsive to legitimate definitions of the needs of the poor. The project is under the direction of Barbara A. Curran.
Survey of Legal Needs of the Public
Foundation staff members in close collaboration with the ABA Special Committee To Survey Legal Needs, under the chairmanship of Randolph W. Thrower, have been working on this project. The survey, to be administered by a national survey organization, will explore the legal problems of various segments of the public, availability to and use by the public of lawyers' services, and the
attitudes of the public toward lawyers and the legal system. Although the survey will cover the entire population, particular emphasis will be on the needs of persons of moderate income. The Foundation is providing technical assistance and advice in development and implementation of the questionnaire and in the analysis of data, under the direction of Barbara A. Curran.
A Study of the Work of Lawyers
This study, a systematic inquiry into the nature of private law practice, aims to increase our knowledge about the role of the private bar within the legal system, to explore the diversity of professional services provided by lawyers, and to examine the factors that shape both this diversity and the uniformity that exists within the profession. To accomplish this the study is focusing on the nature of the lawyer's work and the way in which it is organized and on the factors that shape the style and characteristics of
that work. From this will be developed a profile that describes the practicing bar in terms of the work it performs and the services it provides.
During the summer of 1972 exploratory interviews were conducted with lawyers in Ohio, the state selected for this project. Reports of these interviews are now under study to develop and perfect the approach so that additional interviews may be standardized to make common data available for statistical analysis. In addition, and even more important, these preliminary interviews enable us to focus on those aspects of the work of lawyers that will provide the best insights into what lawyers do. Further work is continuing under the direction of Barlow F. Christensen, project director.
ProfessionJI Standards-The Actuality of the Legal Profession's Dh,ciplinary Practices
This project relates the legal profession's disciplinary process to an
understanding of how those operating the system define what it is to be a lawyer, what the profession is, and what deviant behavior by a lawyer involves. It focuses on how the various states proceed with the actual process of discipline, how the complaints are translated into disciplinary action or indifference, how the effectiveness of the process relates to the levels of staff and voluntary assistance, the number of complaints, and the condition of record keeping. The study is concerned with such questions as: How does discipline relate to scrutiny of training and admissions to the bar? How does the bar relate to the public in the matter of discipline? How are specific types of complaints processed? Are complaints generated by independent investigations? What kinds of behavior draw complaints? Does the presence of a professional staff affect the disciplinary process? The study aims at providing both a comparative overview based on extensive interviews in many jurisdictions and a comparison
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in depth based on intensive interviews and observation in about five jurisdictions. The project at its inception was under the direction of F. Raymond Marks. Due to Mr. Marks's leave of absence, the direction has been assumed by Eric H. Steele.
Code of Judicial Ethics
This project furnishes staff support to the ABA Committee on Standards of Judical Conduct, under the chair· manship of Justice Roger Traynor. The Final Draft of the Code of Judicial Conduct was presented to and unanimously adopted by the House of Delegates of the ABA at its August 1972 meeting in San Francisco. Publication of the Reporter's Notes to the Code of Judicial Conduct, including the full text of the Code, will signal the successful completion of this project. The director of the Foundation's project, the Com-
mittee's Reporter, is Professor E. Wayne Thode*, Affiliated Scholar.
Annotations of the Code of Professional Responsibility
A volume of Annotations of the Code of Professional Responsibility, expected to be completed in 1973, will include the new Code of Professional Responsibility, analytical commentary by John F. Sutton, Jr., Affiliated Scholar, annotations consisting of digests of related opinions issued under the old Canons of Professional Ethics, as arranged by Geoffrey C. Hazard, Jr., Affiliated Scholar, and Indexes and Parallel Tables prepared by Olavi Maru. Professor Sutton served as Reporter for the ABA committee that drafted the new Code.
*A complete list of Affiliated Scholars is given on page 28.
CRIMINAL JUSTICE ADMINISTRATION
Noncriminal Disposition of Criminal Cases
The Foundation has undertaken a field study of the way in which police, prosecutors, defense counsel, and judges arrange for the early disposition of "low-danger" criminal cases without convicting the defendant. Several objectives, not spelled out in the formal law, are being explored, such as gaining restitution for the victim, preserving the family unit, and finding jobs for ghetto residents. Currently, the project report is in final editing with publication contemplated for early 1973. Raymond T. Nimmer directs the project.
Post-Conviction Remedies
The United States is unique in providing direct appellate review of
criminal cases and a distinct collateral post-conviction review procedure, as mandated by federal and state c.onstitutional provisions. The last several years have seen a five- to tenfold increase in the use of this postconviction review procedure by state and federal prisoners. The study is concentrating on post-conviction remedies in four to six states, with the ultimate goal of measuring the quantitative and qualitative dimensions of the problem and of suggesting practices and procedures to assure the prisoner's constitutional rights and to conserve judicial resources. Field work in three states was started in early summer of 1972. The project director is Ronald S. Rock, with C. Michael Oden as assistant project director.
The Omnibus Hearing
Raymond T. Nimmer has been directing a study of the impact of the
omnibus hearing upon the disposition of criminal cases . The study examines the omnibus hearing in two federal district courts located in San Diego and San Antonio respectively. An interim report, The Omnibus Hearing: An Experiment in Relieving In
efficiency, Unfairness, and Judicial Delay, by Nimmer, was published in December 1971 . The final report will be completed during early 1973.
Criminal Court Delay
Field studies are being made of various changes in the criminal justice process with a view toward assessing their impact on the timing and nature of the disposition of criminal cases. The studies deal with the impact of the omnibus hearing, a changeover from master to individual calendaring of criminal cases, the enforcement of speedy trial rules in a state court, and the introduction of a pretrial conference. The study also examines the effect on the court
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process of legislative reduction of statute penalties and of a reduction of plea negotiation. Currently in the data analysis stage, the study conte.nplates publication of a booklength report in late 1973. The project is directed by Raymond T. Nimmer.
OTHER STUDIES
Marriage Counseling and the Courts
Under the direction of Dorothy Linder Maddi, this study has sought to measure the effects of a courtoperated marriage counseling program on the frequency of proceeding to final decree once a divorce action is initiated. The field work and analysis has been completed, and the final report will be published in the spring of 1973.
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Parcel Identifiers for Land Data Systems
A conference on "Compatible Land Identifiers-The Problems, Prospects, and Payoffs" (CLIPPP), held in Atlanta in January 1972, signified the completion of the first phase of the Foundation's project on land parcel identification. The final phase involves the preparation of a report by Kenneth P. Fisher, Project Director, in collaboration with D. David Moyer, land economist with the Department of Agriculture. The report will be concerned with the problems and possibilities of an improved system of land parcel identification and indexing. Over 2,000 pages of testimony, taken by court reporters at all sessions and workshops of the conference, along with the reports prepared for the meeting, will provide the basis for this analysis. In addition the papers given at the conference will be published along with the analysis. Publication is scheduled for mid-1973.
Pollution-Law and Economics
The original project in the area of pollution control has been abandoned due to the unavailability of crucial data. However, The Law and Economics of Pollution: Selected Annotated Bibliography is in preparation. So also is a study directed toward developing a theory of an optimal pollutional control organization. Richard 0. Zerbe, Affiliated Scholar, is working on these reports.
Legal History-Star Chamber Proceedings, 1603-1625
Directed by Thomas G. Barnes, Affiliated Scholar, this project consists of the compilation and computer listing for scholarly use of records of English Star Chamber Proceedings, 1603-1625. The search of the Public Record office was concluded in September 1971 and the entire list of nearly 9,000 cases, with essential data about each proceeding, will be published shortly. A similar, though more abbreviated,
list of chancery proceedings, 1603-1625, is also near publication. Another part of the project, a bibliography of legal history articles, will be concluded during the coming year. The project has also embarked on a full computerized index to the more than 120,000 cases, Medieval to 1866, in the English Reports. This work has been pursued assiduously for some years now, on an extremely modest budget.
Administration of Appellate Courts
A study to identify the most important operational problems of appellate courts, evaluate alternative solutions, and formulate recommendations is being carried out in close collaboration with an Advisory Committee of appellate judges, under the Chairmanship of James D. Hopkins of the Supreme Court of New York, Appellate Division. Kenneth P. Fisher directs the project, with Professor Prentice H. Marshall as a consultant.
Related work by other agencies ac!lvely working on similar prob lems has, among other considerations, led to a decision Lo delay fu rther work for a few months with eva luation of the status and further directions of the project to be made in the light of developments in those o ther agencies.
Th Imp.a I of the Foundation Prov ision~ 1>f lh Tax l(eform Act of l \169
This study was designed to formula te a monitoring system for gathering and Interpreting empirical information to permit .evaluation of the effect of lhe foundation provisions of the Tax Reform Act of 1969. The study has been concerned with developing techniques for retrieving re levan t information from the federal information tax returns arid the annual reports that private foundations file with the Interna l Revenue Service. Preliminary information and observations on the effect of this
legislation are being prepared by John R. Labovltz, Affiliated Scholar, who Is consul ting with an Advisory Committee under the chairmanship o( Dean Joseph T. Sneed of the Duke University School of law.
Model Mortgage Indenture Provisions
A new C9mmittee is formulating and perfecting provislohs for a model rr1ortgag.e bond indenture. William H. Mathers, Affiliated Scholar, isproject director.
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New Projects
The Office of Prosecuting Attorney
The current study of the office of prosecuting attorney, under the direction of Donald M. Mcintyre, had its origin in an earlier study of that office. In 1969 and 1970 the ABF, through a grant from the Ford Foundation, employed experienced prosecutors to observe and report on the activities of prosecutors' offices whose operations were different from their own. In what was termed a "prosecutor's exchange," the research technique produced valuable data about some of the major problems of prosecuting crime. Several reports were written as a result of this earlier study; all point toward additional studies, which have now been approved by the ABF Board of Directors.
Principal attention is now being given to the relations between the prosecutor's office and the police. Specific inquiries will be made into the degree to which the prosecutor exercises some control over police
investigations, crime detection programs, and general policy formulation. Inquiry will also center on whether the police, by controlling the system intake, have an influence on the operation of the prosecutor's office.
Another aspect of the study is the question of career opportunities in the prosecutor's office. For most prosecutors' offices in this country the turnover of professional personnel is relatively high, the average tenure of an assistant prosecutor being about two years. An effort will be made to cast light on why this is so and what might be done to remedy the situation.
How the Public Relates to Law: Juveniles as a Case in Point
This project is a short-term, initial investigation analyzing the legal values and behavior of juveniles. The purpose of this research is (a) to characterize the ways individuals
think about and relate to legal systems, and (b) to assess whether this information can usefully predict legal decision making and actions. A basic premise underlying this work is that the manner in which individuals relate to the law forms a coherent, consistent pattern. Thus, this study intends to define these legal predispositions in juveniles and to explore how they affect youth's judgments and actions about legal rights, rules, responsibilities, and roles .
The data for this research has already been collected. The study is now in the analysis and write-up phases and will be completed during the current fiscal year. The project director is Felice J. Levine.
No-Fault Divorce Statutes: Implementation and Initial Impact
This study examines the ways in which recently enacted no-fault divorce statutes are being implemented in the trial courts. The impact of
these statutes on the courts, on the public, and on the practicing lawyer will be assessed by examining the procedures instituted by trial courts in divorce proceedings and the filings made under the new statutes. At the present time the approved project is a pilot study for examining one state in depth and then refining the study's methods so that the impact can be assessed for a larger group of states. It is hoped that this project will be followed by a larger one that surveys the history of no-fault divorce legislation in the various states and makes a comparative study examining the degree to which implementation of these new laws comports with, or differs from, predictions and expectations about their effect. The project is directed by Dorothy Linder Maddi.
State Consumer Fraud Agencies
A new study will examine the operation of the state consumer fraud
agency as an institution functioning to resolve consumer disputes. The study will focus on one representative state consumer fraud agency and will examine its methods of handling complaints brought to it, its use of the powers and resources available to it, and the results of its actions.
Attention will be focused on informal approaches to mediation, investigation and arbitration, and the use of informal hearings as well as formal remedies sought by the agency through litigation. The methods of handling complaints from the first screening of complaints received through to the initiation of law suits and the factors, objectives, and standards governing the use of such methods will be examined. The study wil I try to assess the effect of the agency's functioning on the outcomes of disputes brought to the agency and on the parties to such disputes. The Project Director is Eric H. Steele.
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Projects in Development
All project research is preceded by preliminary examination to determine the nature of the subject, the extent of prior inquiry, and the most profitable directions for further research. In recent years the American Bar Foundation has sought to increase the resources it commits to the project development stage so that the soundness and direction of a project are established before a fully funded project is launched.
Project development work currently includes the following subjects :
Class Actions in Federal Courts
This study of class actions brought in federal courts after the 1966 Rufe changes has been approved in principle by the Board . It will start with a pilot study of the Northern District of lflinois during the winter and spring of 1972-73 by Professor G. W. Foster, Jr., director of the project. If feasible, five or more districts will be
studied during the 1973-74 academic year by Jaw professors associated with nearby universities. The professors will report periodically on their investigations and findings during the academic year and will come together as a group in summer 1974 to talk out and write up their reports. The study will identify the sources of class actions, the patterns of their handling and disposition, and the workability of class action procedures compared with other judicial and nonjudicial means of handling the underlying substantive rights and policies.
Federal Sentencing Practice and the Rights to Trial
An analysis of statistical data from federal courts, comparing sentences imposed after pleas of guilty with those imposed after conviction at trial, is in the developmental phase.
Earlier, a narrower study, expected to be published as a law review article, was being conducted jointly by
Yakov Avichai of the Foundation staff and Professor Lawrence Tiffany," Affiliated Scholar. This collaborative effort began when Tiffany was a Visiting Scholar at the Foundation during the previous fiscal year. The project directors concluded that a substantial enlargement of their analysis could produce more significant results.
Their developmental work is an investigation of the possibility of extending their narrower study to include a number of additional variables.
legal Education
At the request of the House of Delegates of the American Bar Association, the Foundation is doing exploratory work to see what studies it might undertake in the area of legal education. The House made its re-
'A complete list of Affiliated Scholars is given on page 28.
quest in acting on the report of a prestigious committee headed by Ronald Foulls ol Wash1nglon, D.C.
The Foundation's present plan is to proceed in three stages. The first wi ll be purely exploratory-to ascertain what has been studied in the field of legal education and to gather material, as well as lo see what illumination has been provided by comparable research in medical and graduate education. The second, the main developmental stage, wlll seek to plan a program covering several years that will define those aspects of legal education most in need of inquiry and to which the Foundation can make the most useful contribution. The third stage will consist of discrete projects, separately planned but organized by the unified theme developed in the second stage.
It is hoped that these studies will produce results that contribute to an understanding of and an improvement in legal education. The initial stage of the study ls under the direction of the Executive Director.
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Special Foundation Programs
Law Review Research Program
The Law Review Research program has the twin objectives of encourag
ing factually oriented legal research of the kind pioneered by the Foundation and giving law students some training and experience in conduct
ing such research. To do this, the Foundation provides modest grants
to cover research expenses as well as stipends for law students working on such projects. The grants make it
possible to employ the enthusiasm, imagination, and intelligence of some
of the country's ablest law students to produce sound and significant
empirical research. Since the program's inception,
thirty-seven projects have been funded, with grants ranging from
$414 to $9,900. Thus far, twenty have
been completed and published. The most recent reports are:
"The Kansas State Reception and Diagnostic Center," 19 Kansas Law Review 821 (1971)
"Voting Rights: A Case Study of Madison Parish, Louisiana,'' 38 University
of Chicago Law Review 726 (1971) "Medical-Legal Screening Panels as an
Alternative Approach to Medical Malpractice Claims,'' 13 William and Mary Law Review 695 (1972)
"Compliance with Divestiture Orders Under Section 7 of the Clayton Act,'' 17 The Antitrust Bulletin 19 (Spring (1972)
"Fair Treatment for the Licensed Professional: The Missouri Administrative Hearing Commission,'' Missouri Law Review (1972)
Nine articles have been reprinted by the Foundation for wider distribution under its own imprimatur.
Projects currently under way are
as follows:
The drafting of federal legislation, Catholic University Law Review Pre-election remedies in labor union elections, Yale Law Journal Municipal court arraignment procedures, Cincinnati Law Review Citizen participation in anti-poverty programs, Harvard Civil Rights-Civil Liberties Law Review Waiver of constitutional rights in juvenile court, Denver Law Journal The operation of the Fair Credit Reporting Act, University of Chicago Law Review
Small claims courts, Cincinnati Law Review The Section 235 housing program, Cincinnati Law Review and South Carolina Law Review Operation of the Law Enforcement Assistance Administration, Columbia Human Rights Law Review Police administration, Iowa Law Review Public knowledge of the law, Michigan Law Review Six-member juries, Michigan Journal of Law Reform Compensation of crime victims, Pennsylvania Law Review Representation of indigent defendants, Virginia Law Review
This program is under the direction of Barlow F. Christensen.
Legal History Fellowship Program
The Foundation's fellowships in legal
history encourage original research in Anglo-American legal history. No
historical period or subject is cate
gorically excluded, but principal concern is with the period 1500-1800
in English legal history and with American legal history to 1900. Fel-
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lowships are available to law school graduates, to holders of Ph.D. degrees, and to doctoral candidates in history and related subjects.
Three professors of history and one professor of law were awarded the 1972 fellowships in legal history. A Merit Fellowship of $8,100, tenable for nine months, was awarded to Herman Julius Belz, Associate Professor of History at the University of Maryland. His special interest is civil rights and constitutionalism during the Civil War. Professor Belz was graduated from Princeton University and holds the M.A. and Ph.D. degrees from the University of Washington .
A grant-in-aid of $2,100 has been awarded to Jay P. Anglin, Professor of History, University of Southern Mississippi, for the summer of 1972. He spent that time in England examining archival material in furtherance of his research into the ecclesiastical courts of Elizabethan Essex. Professor Anglin is a graduate of Louisiana State University, with a Ph.D. degree
from the University of California at Los Angeles.
Morris Sheppard Arnold, Professor of Law at Indiana University, was awarded a grant-in-aid of $2,300. This stipend will enable him to continue his investigation of trespass cases of the 14th century. He is preparing a volume of selected cases, to be published by the Selden Society. Professor Arnold has the B.S. and LLB. degrees from the University of Arkansas, and the LL.M. and S.J.D. degrees from Harvard University.
A grant-in-aid of $4,500, for seven months, was awarded to David Sandler Berkowitz, Department of History, Brandeis University. He will complete his research and writing of a biography of John Selden, English jurist and antiquary, which will consider the legal , political, and intellectual involvements in the constitutional and scholarly issues of the day. Berkowitz holds the A.B. , A.M., and Ph.D. degrees from Harvard University.
Effective with the summer of 1972
a ncl the succeeding academic year, the Legal History Fellowship Program will consist of the following:
One ABF Legal History Merit Research Fellowship, tenable for 9 to 11 months, $11,000 maximum stipend, for established scholars with a record of publications One or more ABF Legal History Research Grants, for 3 to 9 months, with a maximum stipend of $4,500.
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The specific amount of the Fellowship is fixed according to the applicant's academic experience and the expense involved in his research proposal. Other sources may be used to supplement the Foundation's Fellowship, but another major fellowship or grant for the same period is not tenable in conjunction with the Foundation 's grant.
Two recent publications were partially funded by earlier Legal History Fellowships:
J. C. Cockburn, A History of English Assizes, 1558-1714. Cambridge Studies in English Legal History. London: Cambridge University Press, 1972
18
Donald M. Roper, "The Elite of the New York Bar as Seen from the Bench,'' 56 New York Historical Society Quarterly 199-23 7 (1972)
The project is under the direction of Professor Thomas G. Barnes, Affiliated Scholar,~ who is assisted by the
Advisory Committee listed on page 29.
Visiting Scholars
During 1971-72, four scholars con
tributed substantially to the work of
the Foundation.
Francis A. Allen, Professor of Law and former dean at the University of
Michigan Law School, spent the
month of April 1972 at the Foundation. Dean Allen is noted for his
contributions to the fields of consti
tutional law and criminal law. While at the ABF his research interest was
"political crime," a project which
*A complete list of Affiliated Scholars is given on page 28.
built on his earlier writings, especially on the subject of civil diso
bedience. H. Laurence Ross, Professor of So
ciology and Law at the University of Denver, was with the Foundation as a Visiting Scholar for six months in
1972. Professor Ross is a specialist in the sociology of law and is the author of Settled Out of Court: The
Social Process of Insurance Claims Adjustments (Chicago: Aldine, 1970).
During his six-month stay at the
Foundation his work focused on the ability of law to control driver behavior, using data gathered in Con
necticut and Great Britain. The resulting article, "Deterrence Through
Law: The British Road Safety Act of 1967," will appear in a forthcoming
issue of the Journal of Legal Studies.
Professor Edmund W. Kitch of the University of Chicago Law School
was at the Foundation for five months, during which time he initi
ated work on a project on the regulation of energy distribution utilities by state administrative agencies. He
is continuing this work at the University of Chicago.
In November 1972, Professor G.
William Foster, Jr., of the University of Wisconsin Law School, became the most recent visiting scholar. His work
will consist primarily of developing and executing the project on class action suits in federal courts de
scribed above under "Projects in Development."
Samuel Pool Weaver Essay Competition
The Foundation administers the Samuel Pool Weaver Constitutional Law
Essay Competition, which provides an annual prize for the best essay
submitted on a topic specified each year. Last year's winning essay (on
the topic "By What Means Should
Constitutional Questions Concerning the Allocation of Power Between Congress and the President Be De
termined?") was entitled, "These Parchment Barriers: An Essay on the
Vitality of a Constitutional Idea." It
was submitted by David B. Frohnmayer, AS"sistant Professor of Law and Special Assistant to the President, University of Oregon. Honorable Mention went to Patrick Louis 6aude of the lndiaMa University School of Law, for his "Presidential Power: The Virtues of Irresolution."
The Competition's committee consisted of Charles P. Light, Jr., chair· man, Jesse H. Choper, and John D. French.
The topic for 1972·73 is "The Scope of Congress's Power Under the Enforcement Clauses of the Thirteenth, Fourteenth, and Fifteenth Amendments To 'Expand' or 'Dilute' the Interpretations of those Amendments by the United States Supreme Court." The final date for submission of essays is January 1, 1973. The first prize will again be $.5,000, and honorable mention prizes will be available in an amount totaling $1,500.
19
Supporting Services The Cromwell Library
The Cromwell Library is a working library for the American Bar Center, a reference and bibliographic service for research conducted by the Foundation, and a specialized library of the legal profession. One of the Library's functions is to collect the publications of state bar associations, particularly their Proceedings, the oldest and most substantial type of such publications.
The Library also specializes in the acquisition of materials on continuing legal education and is the ABA's official depository for such materials.
The Cromwell Library has issued check lists of ABA materials, the last one in 1964. Much material has been added to the ABA collection since that date; Virgil L. Pederson, Bar Documents/Catalog Librarian, is preparing for publication a cumulated list of Cromwell Library holdings as of June 1971. He is also compiling a Historical Guide of American Bar Association Sections and Committees for issuance in connection with the forthcoming ABA centennial.
Special Services to the Organized Bar
The research and library staffs of the Foundation assist the organized bar, agencies of government, and the academic community by preparing bibliographies, by consulting on current legal problems, and by participating in bar-sponsored workshops and other instructional programs.
In a sense, Special Services to the Organized Bar includes the research projects on which the Foundation cooperates with Sections or Committees of the ABA, or which reflect responses to formal suggestions by the ABA. The Legal Education study, reported above under "Projects in Development," is an example of the latter.
During the past eighteen months the Publications Department has expanded its work to become a full-fledged publishing operation, including space advertising and directmail promotion on a broad scale. At the present time the Foundation is essentially publishing and distributing its own reports.
The publications listed below were released between July 1, 1971, and December 31, 1972.
Books
Samuel J. Brake! and Ronald S. Rock, The Mentally Disabled and the Law. 1971. Revised edition. University of Chicago Press. xix+487 pp. Cloth.
William T. Braithwaite, Who Judges the Judges? A Study of Procedures for Removal and Retirement. 1971. xviii+ 167 pp. Cloth and paper.
Corporate Debt Financing Committee, Commentaries on the Model Debenture Indenture Provisions, 1965; Model Debenture Indenture Provisions, All Registered Issues. 1971. xvii+591 pp. + Appendixes. Cloth.
F. Raymond Marks, with Kirk Leswing and Barbara A. Fortinsky, The Lawyer, the Public, and Professional Responsibility. 1972. xii+305 pp. Cloth and paper.
Bette H. Sikes, Clara N. Carson, and Patricia Gorai, eds. 1971 Lawyer Statistical Report. 1972. ix+139 pp. Paper.
Publications
Monographs, Articles, and Other Publications
Raymond T. Nimmer, The Omnibus Hearing: An Experiment in Relieving Inefficiency, Unfairness, and Judicial Delay. 1971. ix+125 pp. Paper.
Marion S. Goldman, A Portrait of the Black Attorney in Chicago. 1972. ix+62 pp. Paper.
F. Raymond Marks, Military Lawyers, Civilian Courts and the Organized Bar: A Case Study of the Unauthorized Practice Dilemma. 1972. Reprinted from 56 Military Law Review, 1 (1972). 80 pp. Paper.
Carroll C. Moreland, Professional Education of the Bar: Growth and Perspectives. 1972. xi +136 pp. Paper.
Samuel J. Brake!, Wisconsin Judicare: A Preliminary Appraisal. 1972. vi+120 pp. Paper.
Olavi Maru, Research About The Legal Profession: A Review of Work Done. 1972. viii +64 pp. Paper.
Series on Legal Services for the Poor: Ted Finman, OEO Legal Service Programs and the Pursuit of
Social Change: the Relationship Between Program Ideology and Program Performance. 1972. Reprinted from 1971 Wisconsin Law Review 1001. 84 pp. Paper.
Law Review Research Series: Voting Rights: A Case Study of Madison Parish, La. 1972.
Reprinted from 38 University of Chicago Law Review (Summer 1971). 62 pp. Paper.
22
Research Contributions of the American Bar Foundation; 1971, No. 4- The Appellate Opinion as Historical Source
Material by G. Edward White. 1971. Reprinted from 1 Journal of Interdisciplinary History (Spring 1971). 17 pp. Paper.
1971, No. S-Professionalism, Jus<ice, and Aval/ability ol Legal Se/Vices by Barlow F. Christensen. '1971. Reprinted from 22 Harvard Law School Bulletin (No. 5, June 1971). 6 pp. Paper.
1972, No. 1- legal Services for Special Groups by Barbara A. Curran. 1972. Reprinted from Encyclopedia of Social Work (1971). v+8 pp. l'aper
·1972, No. 2- Two Book Reviews on the Dilemma ol tile Legislative Process by F. Raymond Marks. 1972. Reviews reprinted from Valparaiso University Law Review and NLADA Briefcase 10 pp. Paper.
The Sixteenth Annual Meeting of the Fellows of the American Bar Foundation was held In New Orleans In February ·1972_ Ash ley Sellers, Chairman, presided. The principal speaker at th e Fellows Annual Banquet was The Honorab le Will ia m 0 . Carter, PresideJi l of The Law Society, London, England. The Annual Banquet also featured the presentation of The Fellows Annual Awards. The Research Award was presented posthumously to Elliot Evans Cheatham, Professor of Law. Columbia University School of law; the Fifty-Year Award honored Cloyd Laporte of the New York llar.
At the end of the Founda~lon's
(j c.;i l year the statistics on membership in The Fellows were as follows:
Members 871 Life Members 624 Members-at-large 15 Honorary, transferred,
or inactive 26
Total "I ,536
The Fellows of t1ie American Bar Foundation
ffi ers of the Fellows 1972-73:
Clarence l. Yancey, Chairmah, P.O. Box 77, Shreveport, La. 71102
John A. Sutro, Vice-Chairman, 225 Bush St., San Francisco, Cal. 94104
Livingston Hall, Secretary, Harva.rd Law School, Cambridge, Mass. 02138
Offi ers of the FellO\ 1971-72 :
Ash ley Sellers, Chairman, 1625 " K" St., N.W., Washington, D.C. 20006
Clarence l. Yancey, Vice-Chairman John A. Sutro, Secretary
C.ontributors Memorial Fund
Since the founding or the American Bar Foundation, many members of the AmericCJn Bar Associa tion have named the foundation as a bene· riciary under their group life insurance coverage. Gifts received in this way comprise the Contributors Memorial fund, which enables the Foundation to undertake exploration and development studies leading to major projects. The concern and generosity in these gifts are of incq lculable va lue to the Foundation program. Listed below are the names of those who in the past eighteen months have designated the Foundation as beneficiary:
James Ashby, Jr., Fredericksburg, Virginia
Stanley H. Fu lton, Detroit, M ichigan
Mark E. Gallagher, Jr., Concord, New Hampshi re
Louis F. Gillespie, Springfie ld, Ill inois
Ralph Hamill, Indianapolis, Indiana William A. McGrew, Denver, Col
orado
Stanley E. Monroe, Greensboro, North Carolina
Francis J. O'Hara, Bethesda, Maryland
Luke J. Rauth, West Bend, Wisconsin
Bascom D. Talley, Bogalusa, Louisiana
Charles We lch, Jr., Salt Lake City, Utah
The Board of Directors of the American Bar Foundation announced on May 3, 1972, the appointment of
Spencer l. Kimball, Dean of the University of Wisconsin Law School, as Executive Director of the Founda
Lion, effective September 1, 1972. The Executive Director will also serve on the faculty of the University of Chicago Law School.
Dean Kimball received his legal education at the University of Utah
Law School and at Oxford University (B.C.L.) during residence there as a
Rhodes Scholar. He has also received the degree of S.J.D. from the Uni
versity of Wisconsin Law School. For four years he served as Dean of the
University of Wisconsin Law School, after eleven years on the Michigan
law faculty . This followed eight years at the University of Utah, where he
was Dean of the Law School from 1950 through 1954. During 1963-64 he was a visiting professor at the
University of Hamburg in West Germany.
Dean Kimball is best known for
Personnel July 1, 1971- December 31, 1972
his research in insurance law and regulations. He has written extensively
on both the domestic and international aspects of this field . Since 1966 he has served as staff director of the
Insurance Law Revision Committee of the Wisconsin Legislative Council. A rn~jor part of Wisconsin insurance law has been revised as a result of
that committee work. He also served on the Special Committee on Insur
ance Holding Companies of the New York Insurance Department. In addition to his work in the field of insur
ance law, Dean Kimball has long maintained an active interest in the
history of the legal system and has done research in legal history.
On September 1 also, Donald M. Mcintyre, who had been Acting Ex
ecutive Director, was appointed Assistant Executive Di rector.
Eric H. Steele joined the Founda
tion staff as a Research Attorney. He is a 1963 Phi Beta Kappa graduate of Yale University, with high honors
in philosophy. On graduation from Yale, he went to Harvard University,
where he studied for a year in the
Department of Social Relations of the Graduate School of Arts and Sciences.
In 1964 he entered the Harvard Law School, earning the J.D. degree in 1967. He will direct the Professional Standards project, and has developed
a new project in the area of consumer protection .
Katherine J. Rosich has rejoined
the staff as Data Processing Consultant. Ms. Rosich was previously with the ABF as a Research Associate and
Project Administrator of the Utiliza
tion of Legal Services by the Poor project. In the interim she has been
associated with United Charities, where she worked as a Research As
sociate in their Research and Statistics Department for the Legal Aid Bureau.
At the Foundation she will advise
ABF staff on technical matters connected with the preparation of re
search data for computer processing. C. Michael Oden, Research At
torney, joined the Foundation staff in June 1972 as Assistant Project Di
rector on the State Post-Conviction
26
Remedies study. He is a graduate of St. Mary's College (B.A. 1969) and
the University of Chicago law School (J.D. 1972).
Since October 1972 F. Raymond Marks, Research Attorney with the
Foundation since 1968, has been on leave of absence to the Earl Warren Institute, The Law School (Boalt Hall),
University of California, Berkeley, as
Research Attorney to that institution's Project on Childhood and Government. Mr. Marks is continuing as a
consultant on various projects at the
ABF. While at the Foundation Mr. Marks
has worked on a number of projects, among them the study of the utiliza
tion of legal services by the poor,
public interest law, the Military Legal Assistance Project, the study of the
work of lawyers, and the legal pro
fession's disciplinary practices. Darlene Cathcart, Research At
torney, resigned in November 1972 at the time of her marriage. She and
her husband, Gregory Barnett, plan
to pursue legal careers in Canada.
Robert Paul Hallauer, Research
Social Scientist, left the Foundation in December 1972 to take a position
teaching at Sonoma Academy in Santa Rosa, California.
Sherry L. Clarke, Research Social Scientist, left in August 1971 for a teaching position at Principia College,
Elsah, Illinois. In the Publications Department,
Edward Ballard became Sales Manager, and Martha Grossblat joined
the staff as an editor. Ms. Grossblat comes from the University of Chi
cago, Department of Education,
where she worked as a research project assistant, administering re
search in reading comprehension and
editing academic papers. Diane McElwain joined the Foun
dation staff as a Research Associate
and has since become Office Manager. She has a Master's degree in
Psychiatric Social Work from the Uni
versity of Chicago. Judith Jensen, Research Associate,
completed her scheduled work on the marriage counseling study and
left the Foundation in October 1972. June L. Tapp, a member of the
Foundation's research staff since
September 1967, has accepted a joint appointment as Professor of Child
Psychology and Criminal Justice Studies at the University of Minnesota. Her resignation from the ABF staff
was effective June 30, 1972. As the Foundation's first full-time nonlawyer researcher, Dr. Tapp made substantial
contributions to an interdisciplinary approach to legal research . Foremost
among her contributions to the field while at the Foundation were the
editing of a Special Issue of the Journal of Social Issues entitled "So
cialization, the Law, and Society" (Vol. 27, No. 2, 1971) and the co
authoring of Ambivalent America: A Psycho-political Dialogue (Beverly
Hills, Cal., Glencoe Press, 1971). The
Foundation is grateful for her many significant scholarly insights into law
and psychology while a member of
the research staff. Cromwell Library has seen some
changes during the past year. Carroll
C. Moreland, Librarian with the Foundation for eight years, retired from the Foundation staff, effective in July 1972. Olavi Maru, long the Library's Research Librarian, has been appointed Librarian. Patricia Higgins left Cromwell Library to become Law Librarian, Oklahoma City University; replacing her as Acquisitions Librarian is Justine Davis, formerly Technical Processes Assistant in the Library. Marian S. K. Ming, Cataloger, left in the autumn to become law librarian for the Continental Bank of Illinois.
Wantland L. Sandel, Jr., left the Foundation after 31/2 years to become director of the ABA's Traffic Court Program. Replacing him, first as Assistant Executive Director and then as Administrative Officer, from January 1 to October 1972, was Kenneth P. Fisher, Research Social Scientist, who has now resumed research work.
The following listing includes administration, in-house staff, Visiting Scholars, and Affiliated Scholars during the year beginning January 1, 1973.
Administration
Spencer L. Kimball, Executive Director Donald M. Mcintyre, Assistant Executive Director Benjamin S. Jones, Accounting Officer Diane McElwain, Office Manager
Permanent Research Staff
Research Attorneys
Samuel J. Brake! Barlow F. Christensen Barbara A. Curran F. Raymond Marks• Raymond T. Nimmer C. Michael Oden Ronald S. Rock Eric H. Steele
Research Social Scientists
Kenneth P. Fisher Felice J. Levine Dorothy L. Maddi
Research Associates
Judy Baer Clara N. Carson Terry Gingle Patricia Krauthaus Phy ll is Satkus
Statistician
Yakov Avichai
Data Processing Consullant
Katherine J. Rosich
•on le·ave of absence to the Earl Warren Institute, School of Law (Boalt Hall), University of California, Berkeley.
27
28
Cromwell I ibra1y
01,wi Maru, Librarian
V1ri;1I L. Pederson, Bar Documents/Caralog librarian Justine Davis, Acquisitions Librarian
Public<ltion~
Belle H. Sikes. Dtrector of Publications
H.1me1 1-1. Colman, Assistant Otreclor of Publications Madeline J Murphy, Production Editor Eclw.ird Ballard, Sales Manager M,irtha Grossblat, [chtor Dororhy H. lachmann, Edi'tor Jean Luther, Editor
Visiting Scholar
Professor G. William Fosler, Jr., University of Wisconsin Law School ( 1972-73)
Affili,1tcd Schol;:m
Professor Thomas G. Barnes, Project Direcror, Legal History Fellowships and Research, University of California, Berkeley
William Thomas Braithwaite, Esquire, Judicial Disability, Chicago
Professor Geoffrey C. Hazard, Jr., Contributor, Code of
Professional Responsibility Annotated, Yale Law School, New Haven, Conr:iecricut
John R. labovitz, Esquire, Project Oirec1or, Foundation Monitoring Study, Washington, D.C.
Professor Prentice H. Marshall , Consultant, Administration of Appellate Courts, Un1versily of Illinois College of La.w, Champaign
William H. Mathers, Esquire, Project Dlrector, Corporate Debt Financing, New York Cily
Professor John F. Sulton, Jr., Contributor, Code of Professional Responsibiliry Annotated, University of Texas School of law, Austin
Professor E. Wayne Thode, Project Reporter, Code of Judicial Ethics, University of Utah College of Law, Salt Lake City
Professor Lawrence P. Tiffany, Co-Director, Federal Sentencing Practice, University of Denver College of Law
Standing Committees
Research
Roderick M. Hills, of the California Bar, Los Angeles Francis A. Allen, University of Michigan Law School Ray Garrett, Jr., of the Illinois Bar, Chicago Hon. Charles W. Joiner, U.S. District Court, Detroit Phil C. Neal, Dean, University of Chicago Law School Oscar M. Ruebhausen, of the New York Bar, New York City Wm. Reece Smith, Jr., of the Florida Bar, Tampa John Conner, ex officio, of the District of Columbia Bar
Library Services Committee
Carol M . Bratton, Librarian, Cincinnati Law Library Charlotte C. Dunnebacke, Librarian, Michigan State Library,
Lansing William B. Miller, Executive Director, Colorado Bar Asso
ciation, Denver Rilyrnond M. Ti!ylor, Librarian and Marshal, North Carolina
Supreme Court, Raleigh
Committee for Samuel Pool Weaver Constitutional law Essay Program
Charles P. Light, Jr., Chairman, Washington & Lee Law School, Lexington, Virginia
Jesse H. Choper, University of California Law School, Berkeley
lohn D. French, of the Minnesota Bar, Minneapolis
Membership as of December 31, 1972
Committee for Legal History Fellowship Program
Thomas G. Barnes, Chairman, Department of History, University of California, Berkeley
John P. Dawson, Harvard Law School, Cambridge, Massachusetts
W. J. Jones, Department of History, University of Alberta, Edmonton
Stanley N. Katz, University of Chicago Law School Joseph H. Smith, Columbia University School of Law
Foundation Monitoring Study
Joseph T. Sneed, Chairman, Dean, Duke University School of Law, Durham, North Carolina
Walter J. Blum, University of Chicago Law School Mortimer M. Caplin, of the-District of Columbia Bar Norman A. Sugarman, of the Ohio State Bar, Cleveland
Project Advisory Committees Membership as of December 31, 1972
Administralion of Appellate Courts
Hon. James D. Hopkins, Chairman, Supreme Court of New York, Appellate Division, Brooklyn
Hon. Albert Tate, Jr., Vice-Chairman, Supreme Court of Louisiana, New Orleans
Hon. Griffin Bell, U.S. Court of Appeals, Fifth Circuit, Atlanta, Georgia
Hon. Louis H. Burke, Supreme Court of California, San Francisco
Hon. Winslow Christian, California Court of Appeals, First District, San Francisco
Hon. Floyd R. Gibson, U.S. Court of Appeals, Eighth Circuit, Kansas City, Missouri
Hori. Willidlrl A. G1i1r1es, Suµrerne Court uf New Harnp~hire, Dover
Hon. Thomas J. Moran, Appellate Court of Illinois, Second District, Waukegan
Hon. Timothy G. Quinn, Michigan Court of Appeals, Lansing Hon. Harry A. Spencer, Supreme Court of Nebraska, Lincoln Robert L. Slern, of the Illinois Bar, Chicago
Corpor.1le Debi Financing: Model Mortgage Project
William H. Mathers, Chairman, of the New York Bar, New York City
DeForest Billyou, of the New York Bar, New York City
John J. Creedon, of the New York Bar, New York City William J. Delancey, of the Ohio Bar, Cleveland Ray Garrett, Jr., of the Illinois Bar, Chicago George D. Gibson, of the Virginia Bar, Richmond Harry P. Kamen, of the New York Bar, New York City Donald M. Mcintyre, of the Illinois Bar, Chicago Churchill Rodgers, of the New York Bar, New York City
Judicare Evaluation
Hon. Alvin B. Rubin, Chairman, U.S. District Court, New Orleans
Gibson Gayle, Jr., of the Texas Bar, Houston Cliatle~ L. Goldberg, or the Wiscon~in Bar, Milwaukee Preble Stolz, University of California School of Law (Boalt
Hall), Berkeley Maynard J. Toll, of the California Bar, Los Angeles
Land Records Improvement
Allison Dunham, Chairman, University of Chicago Law School
Richard R. Almy, Technical Assistance Director, International Association of Assessing Officers, Chicago
Eunice Ayers, Register of Deeds, Forsyth County, WinstonSalem, North Carolina
Robert N. Cook, College of Law, University of Cincinnati
Carl F. Davis, Jr., Director of Municipal Systems Research, Claremont Graduate School, Claremont, California
0. Eugene Dial, Chairman, Municipal Information Systems Research Project, Long Island Universily, Natick, Massachusetts
Edward Grskovich, Vice-President, Chicago Title and Trust Company Chicago
William 1-1. Mitchel, Consultant, Urban In formation Systems Inter-Agency Committee (USACl, Washington
Franklin H. Ornstein, Vice-President, Central Federal Savings and Loan Association, Long Beach, New York
Ivan Peters, Vice-President, Tftle Insurance and Trust Company, Los Angeles
Gurdon H. Wattles, Assistant Vice-President, Title Insurance and Trust Company, Santa Ana, California
Albert B. Wolfe, of the Massachusetts Bar, Boston
Profc ion,11 St.1n1fards Discipline
Alex Elson, Chairman , of the Illinois Bar, Chicago hands A. Allen, University of Michigan Law School John G. Bonomi, General Counsel, Association of the Bar
of the City of New York F. LaMar Forshee, General Counsel, State Bar of California,
San Francisco Hon. William H. Hastie, United States Court of Appeals,
Philadelphia
31
Hon. Harold A. Stevens, Chief Judge, First Department, Appellate Division, New York Cily
Hon. Roger J. Traynor, Hastings College of the Law, San Francisco
Edward L. Wright, of the Arkansas Bar, Little Rock
Financial Report Fiscal Year Ended June 30, 1972
Combined Balance Sheet of Funds
ASSETS
Cash
Marketable Securities at Cost IApproximale Market $390,000)
Investment Fund (Approxi mate Market $424,200)
I.and
Building and Equipment (Cost $6,761 ,425 less Depreciation $1,065,9071
Libra ry Material
Sundry Receivable and Prepaid Expenses
TOT AL ASSETS
$ 20,220
390,000
433,445
319,422
5,695,518
88,769
45,731
$6,993,105
LIABILITIES
Accounts Payable $ 22,718
Construction Notes Payable 1,379,419
Deferred Income 19,700
Fund Balances : 5,571 ,268
Operating Fund $ 512,405
Restricted Funds 204,050
Building Fund 4,585,050
Contributors Memorial Fund 269,763
TOTAL LIABILITIES $61993,105
Operating Fund: Income
----------- ---------Contributions and granls:
The Fellows of the American Bar Foundation
American Bar Endowmenl
The Ford Foundation
Office of Law Enforcement Assislance
Rockefeller Foundation
Russell Sage Foundation
Other
Roy.1l ties and Sales of Publications
Space Occupancy
Investment Income
Miscellaneous
TOTAL INCOME
RESEARCH
AND SPECIAL
UNRESTRICTED PROfECTS TOT Al
$104,680.00
303,450.38
$408, 130.38
$103,760.37
120,000.00
32,133.3.5
655.61
SGG4.67<J.71
$ ~104,680.0()
533,627.62 837 ,071l.OO
64,886.62 64,886.62
1;21,171 .25 121,171 .25
15,000.00 15,000.00
22,504.25 22.504.25
40,23'1.62 40,231.62
$797.421 .36 $ '1.205551.74
$ 103,760.37
120.0()() 00
32. 133.35
C."i5 .Ct l - --·· -5797,421.36 Sl,4C>2,101.07
31
34
Operating Fund: Expenditures
Program Expenses
Cromwell Library Expense
General and Administrative Expenses
Research Projects
TOTAL EXPENDITURES
Excess (Deficiency) of Income over Expenditures Before Appropriations
Appropriations-Research Projects-Net of Transfers
Increase (Decrease) in Fund Balances
FUND BALANCES JUNE 30, 1971
FUND BALANCES JUNE 30, 1972
For additional information regarding the Foundation's Financial Report, write to
-- -
UNRESTRICTED
$ 79,975.92
"139; 197.90
180,165.31
$399,339.13
$265,340.58
($187,342.20)
$ 77,996.38
261,571.62
$339,570.20
Accounting Officer, American Bar Foundation, 1155 East Gath Street, Chicago, Illinois 60637.
RESEARCH
AND SPECIAL
PROJECTS TOTAL
$ 79,975.92
139,197.90
180,165.31
$992,609.29 992,809.29
$992,809.29 $1,392,148.42
($195,387.93) $ 144,878.68
$187,342.20
$ 8,045.73 $ 69,952 .65
180,880.63 442,452.45
$172,834.90 $ 512,405.10