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ANNUAL REPORT 1971-1972

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American Bar Foundation ANNUAL REPORT ·· 1971-1972

1155 East 60th Street, Chicago, Illinois 60637

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-

1

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.

17

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

.,, 0 c :J 0... ~ -· 0 :J