The National Lawyers Guild: from Roosevelt Through Reagan

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The National Lawyers Guild: from Roosevelt Through Reagan The National Lawyers Guild: From Roosevelt through Reagan Edited by ANN FAGAN GINGER and EUGENE M. TOBIN Foreword by Ramsey Clark liiiiiJ TEMPLE UNIVERSITY PRESS m Philadelphia Contents Preface xvii Foreword by Ramsey Clark XXV ONE The National Lawyers Guild and the Great Depression (1937 -1938) 3 The Birth of the Guild, by Maurice Sugar 7 Organizing Lawyers to, Inter Alia, Pack the Supreme Court, by Ann Fagan Ginger 9 National Lawyers Guild Constitution: Preamble and Article I 11 Wheeling and Dealing with the New Deal, by Morris L. Ernst, Frank P. Walsh, and Franklin D. Roosevelt 12 Origins of the National Lawyers Guild, by Mortimer Riemer 14 Taking Hold of the Present: Who Joined the Guild? by the Editors 17 TWO Lawyers in the Struggle for Industrial Unions (1936-1940) 22 The Call for a Liberal Bar, by Robert H. Jackson 23 The New Deal Lawyer: Thomas I. Emerson and the National Labor Relations Board, by Thomas /. Emerson, with the assistance of Joan P. Emerson 24 Defending Unpopular Causes: The Danger of Contempt and Disbarment, by Edward Lamb and Robert H. Jackson 26 Civil Liberties and the NLRB-1940, by Nathan Greene 27 THREE Shadows of War and Fear (1937-1941) 30 The Third Annual Convention: 1939 in Chicago, by Ann Fagan Ginger 31 vii Vlll CONTENTS Resignations from the National Lawyers Guild, by Martin Popper 34 FBI Operations, 1940-1941, by Michael Krinsky, Jonathan Moore, and Ann Mari Buitrago 36 Neighborhood Law Offices, Women Lawyers, and Working Wives, by Robert D. Abrahams and The Guild Lawyer 38 FOUR "V" For Victory over Fascism (1941-1945) 42 Statement of Policy, February 22, 1941, by the National Executive Board 43 Negro Discrimination and the Need for Federal Action, by William H. Hastie and Thurgood Marshall 44 The Participation of Negro Labor in Our War Effort, by Earl B. Dickerson 45 Discrimination and Racism Produce Riots: Harlem, Los Angeles, and Detroit, by The Guild Lawyer, Carey Me Williams, Alan Brown, and Ned Smokier 47 Harry Bridges, the Guild, and the FBI, by the Editors 51 The Guild's Democratic Tax Program, by Joseph H. Crown 54 Rosie the Riveter's Eight-Hour Orphans: The Guild Supports Child Care, by the Committee on Social Legislation, New York City Chapter 55 Calls for a United Nations Bar Association, by The Guild Lawyer 57 FIVE Moving Toward Peace, Jobs, Security, and Justice (1944-1947) 60 The Human Aspects of the Transition from War to Peace, by the Guild Committee on Post- War Planning 61 A Social Security Charter for Peacetime America, by the Guild National Committee on Social Legislation 62 The 1946 Convention, by Ann Fagan Ginger 65 Civil Rights Legislation from the Fourteenth Amendment to an Anti-Lynching Law, by W. E. B. DuBois 68 The Morass of Reconversion: Understanding the Postwar Strikes, by Victor Rabinowitz 69 SIX The End of the Grand Alliance (1945-1948) 72 A New World Born: The Guild at the Founding of the United Nations, by Martin Popper 73 The NLG and the FBI at the UN San Francisco Conference," by Michael Krinsky, Jonathan Moore, and Ann Mari Buitrago 75 Try the War Criminals Now, Lawyers Urge, by Martin Popper 75 War Crimes and Cold War Conspiracies, by Mary M. Kaufman 76 CONTENTS IX The International Association of Democratic Lawyers, by Martin Popper 79 The Jewish People and Palestine, by the Guild and Bartley C. Crum 80 The State of American Foreign Policy, by the Guild Committee on International Law and Relations 82 The European Recovery Program-The Martial Plan, by the Guild Committee on International Law and Relations 84 SEVEN The Cold War Begins (1947-1953) 86 Robert J. Silberstein Looks Back on the Seven Lean Years, 1947-1954, by Robert J. Silberstein 86 The Constitutional Right to Advocate Political, Social, and Economic Change-An Essential of American Democracy, by the Guild National Constitutional Liberties Committee 87 Harvard Law School Seminar on Civil Liberties (Spring 1948), sponsored by the Harvard Law School Chapter of the Guild 89 Report on Certain Alleged Practices of the FBI, by a Special Committee of the Guild, with an introduction by Michael Krinsky 91 The Keynote Address of the 1950 Guild Convention, by Clifford J. Durr 93 Cold War Foreign Policies Stir Internal Debate: Yugoslavia and Korea, by the National Lawyers Guild 94 The Rosenberg Case, by The New York Guild Lawyer 96 Loyalty to the Bill of Rights, by Delbert E. Metzger 98 EIGHT Bread-and-Butter Issues (1947-1956) 100 The Availability of Legal Services-The Guild Position, by the Guild Committee on Profossional Problems 100 Guild Student Chapters Address Bread-and-Butter Issues, by The Guild Lawyer and The Guild Law Student 102 The Thompson Case: A Real Life Bread-and-Butter Struggle, by Annie Stein 104 Vindication of the Guild Position, by The New York Guild Lawyer 106 Mandatory versus Voluntary Social Security Coverage for the Bar: The Last Obstacle to the Achievement of Social Security Protection for Self-Employed Lawyers, by Leo J. Linder 107 Guild Activity at Conference of State Bar Delegates, by The Guild Lawyer of California I 09 Detroit Chapter Trains Lawyers and Fights for Comparative Negligence, by the Editors 110 X I CONTENTS The National Lawyers Guild versus Sexism: The First Step, by Ann Fagan Ginger 111 NINE Cold War against Lawyers (1947-1957) liJ The National Lawyers Guild in 1950-1951, by Thomas I. Emerson 113 Testimony of Robert W. Kenny before HUAC, October 27, 1947 l14 Report on the National Lawyers Guild: Legal Bulwark of the Communist Party, by the House Committee on Un-American Ad~ti~ 1U The National Lawyers Guild: Legal Bulwark of Democracy, by the National Executive Board 119 Loyalty and Lawyers, by Fowler V. Harper 121 Testimony of Ben Margolis before the House Un-American Activities Committee, October 1-2, 1952 122 The Trials of Harry Sacher and Abraham Isserman, by The New York Guild Lawyer 124 The 1954 Chicago Guild Convention, by the Chicago Red Squad 129 Testimony of Ruth Weyand before the House Committee on Un-American Activities, February 23, 1956 130 Schware, Konigsberg, and Independence of the Bar, by John T. McTernan and The New York Guild Lawyer 132 TEN The ABA and the Attorney General v. NLG (1953-1958) 136 FBI Activity and Executive Order 10450, by Michael Krinsky 137 Test Oaths: Henry VIII to the American Bar Association, by Samuel M. Koenigsberg and Morton Stavis 138 The American Bar Association, Attorney General Brownell, and the National Lawyers Guild in Time of Crisis, by the Editors, Lawyers Guild Review 139 Amended Interrogatories of the U.S. Attorney General Concerning Guild Activities in the Matter of the Proposed Designation of the National Lawyers Guild Pursuant to Executive Order No. 10450 141 Extracts from Briefs to the United States Court of Appeals in National Lawyers Guild v. Herbert Brownell, Jr., Brief for Appellant, by Osmond K Fraenkel, Earl B. Dickerson, and Joseph Forer 143 The Leo Sheiner Case: No Disbarment for Use of Fifth Amendment, by The New York Guild Lawyer and Lawyers Guild Review 144 Living with a Subpoena, by Vivian Mandel 145 CONTENTS Xi Liberty and Peace: The Role of a Free Bar, by Malcolm P. Sharp 147 Report of the Administrative Secretary, by Jessica Davidson 149 Selecting Priorities for Guild Work While under Attack: The Ginger Strategy, by Leo J. Linder 149 The Guild Honors Defenders of the Bill of Rights, by The New York Guild Lawyer 150 A Testimonial to the Struggle for Civil Liberties, by The New York Guild Lawyer 152 The Justice Department Ends Brownell v. NLG 158 A Promise and a Prophecy, by the Board of Editors, Lawyers Guild Review 159 ELEVEN Moving from Victory to Affirmative Action (1958-1961) 161 The Role of the United States Supreme Court, by John M. Coe 161 Attack by Un-American Committee on Guild, by The Guild Lawyer 163 Report of the National Lawyers Guild on the Recommendations of the American Bar Association, by the National Executive Board 165 The Guild and the Court: Mass Admissions and Amicus Briefs, by The Guild Lawyer 166 Facing the Hard Realities: Chapter Pledges and Payments, by David Scribner 168 COINTELPRO, by Michael Krinsky, Jonathan Moore, and Ann Mari Buitrago 169 Leading Labor Lawyer Urges Fresh Start in Labor Legislation, by Harold Cranefield 171 Creative Legal Research, by Sam Rosenwein 172 The Central Thesis of the First Amendment: Oral Argument in Yellin v. U.S. (1961), by Victor Rabinowitz 173 Who Won the Cold War, by Joseph Forer and the Editors 175 TWELVE Civil Rights Moves the Guild (1961-1963) 178 Interposition Interposed, by Mitchell Franklin 179 Black People Don't Have Legal Problems, by Edward A. Dawley 182 A Cry for Help: Norfolk to Berkeley to New York to Detroit, by the Editors 185 Report on Initial Activities, by Committee To Assist Southern Lawyers (CASL) 188 The FBI Intrudes on Guild-ABA Relations,Jrom the FBI 190 xii CONTENTS A Report of CASL, by George W. Crockett, Jr., and Ernest Goodman 191 Tributes and Deceptions in New York, by Charles McKinney, Hope Stevens, and the FBI 192 The Guild Publishes Its First Book, by the Editors 194 Albany Journal~Summer 1963, by Dennis Roberts 194 Lawyers Arrested at Guild Workshop in New Orleans, by the Editors 197 A Stormy National Executive Board Meeting in New York, by Ernest Goodman 199 Into the Streets of San Francisco, by the Civil Liberties Docket 202 THIRTEEN The Guild Goes South (1964-1965) 203 The 1964 Convention and the Mississippi Project, by the Editors 205 The FBI Meets with Some Civil Rights Organizations, by the FBI 206 The Goodmans and Schwerners Go to the Oval Office, with Martin Popper 207 Mississippi and
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