Spring 1978/Volume 13, NO.1 Editor: Cheryl W. Ritchie Graphic Designer:' Carol Hilk-Kummer Assistant Editor: Ira G. Levine 1 A Message from the Dean 2 Marion Kirkwo'od Remembered 9-22 Stanford Faculty on World Affai rs 10 The Future of Arms Contro'l by Professor .John H., Barton 15 Untying the Sino-U.S. Legal'Knot by Professor Victor H. Li, Lewis Talbot and Nadine Hearn Shelton Professor. of International Legal Studies 18 Black Unions in South Africa: Sooner or Later by Professor William B. Gould 23 The Stanford Law Library: A Major Legal- Research Center in the Making 27 Ernest B. McFarland '22 Honored 28 School and Faculty News 34 Class Notes 55 In Memoriam Stanford Lawyer is published semi-annually for alumni and friends of Stanford Law Scheol. Materials for publication and correspondence are welcome and should be sent to the Editor. Stanford Lawyer, Stanford Law School. Stanford. CA 94305~ t is a happy coincidence, I think, pIe, occupied four volumes (of roughly that Cheryl Ritchie, the editor of 1100 pages each) of the Federal Supple­ the Stanford Lawyer, chose to ment. In 1952, those cases took eight run an article on the law library in this volumes of the same size. In 1976, the issue, which also features a symposium number jumped to sixteen volumes and on Marion Kirkwood, for the library was the size had grown to 1500 pages.1 The one of Marion's chief concerns while he rest of the National Reporter System has was Dean, ahd indeed as long as he lived. followed suit, all of this happening at a Some statistics may be of interest: When time when books have increased mate­ Marion joined the law faculty in 1912, rially in price. Today the library faces the library contained 16,000 volumes. By rising fix~d costs with a corresponding the time he became Dean in 1922, that decline in discretionary funds for new number had increased to 26,000, and it purchases. more than doubled during the twenty­ Adversity, however, is not new to three years he led the School. (The fac­ Stanford. Dean Kirkwood's career at the ulty also doubled during that period­ Law School spanned the Depression and from eight to sixteen.) When Marion re­ the Second World War, .yet the library tired in 1952, the library stood at 86,000 grew both in size and quality. Selectivity volumes, a fivefold increase during the in acquisitions and sustained support by forty years he taught at Stanford. The li­ alumni and friends of the School are the brary has, of course, continued to grow; keys to sound growth. Fortunately, we it now contains 250,000 volumes, or have both. Assisted by faculty members nearly three times the number of twenty­ in their areas of specialty, Professor five years ago. Myron Jacobstein, the Law Librarian, Impressive as these figures are, it is spends a significant portion of his time sobering to realize that in size the Stan­ determining which new books to buy ford Law Library ranks only eighteenth and which to forego. On the support among the nation's law libraries, down side, the Friends of the Stanford Law one place from last year's ranking. This Library are increasingly active, local law decline reflects the even more serious fact firms who benefit from the use of our that for five years running, we have ac­ collection are responding to the problem, quired fewer titles each year than were and alumni and friends are becoming acquired the previous year. Part of the sensitive to the interdependence of a su­ explanation lies in the tremendous pres­ perior library and a superior legal edu­ sure that continuations put on the library cation. budget. The decisions reported by the Marion Kirkwood appreciated the nec­ federal district courts in 1933, for exam- essary connection between library and legal education and so do his friends. In 1. Being a scholar, or as Dean, perhaps -a 1954, his sister-in-law, Edith M. Kirk­ scholar manque, I cannot resist a footnote. wood, established by bequest the Marion As I was looking through the Federal Sup­ Rice Kirkwood Book Fund. Over the plement containing the decisions for 1976, years the endowment has been aug­ I was struck not only with the size of the books but also with the length of the mented by gifts from friends and ad­ opinions. Doubtless, the law is more com­ mirers. In every book purchased by the plex now than it was in 1933, but that Fund there is a bookplate with Marion's nluch more complex? I am inclined to picture and a legend that reads, "Gift of suspect that fashion and training have something to do with it. With the eclipse Marion Rice Kirkwood." Not literally of the art form known as the law review correct-for many have contributed to case note (maximum of two pages) and the Fund-but essentially right, for the the emergence of the law review Note library and the School owe much to the (minimum, it seems, of forty pages) brevity is no longer the soul of wit-or, appar­ gifts of talent, devotion and character ently, wisdom. that Marion Kirkwood gave us. 1 the finest legal minds in the country. Despite a heavy teaching schedule and the various responsibilities of the Dean's Office, he found time to write exten­ sively in the areas of particular interest to him, real property and legal educa­ tion and admission. He authored numer­ ous books, law review articles, book re­ views and addresses on legal education. In addition, he edited Cases and Mate­ rials on the Law of Conveyances, which was published in 1931. The book was quickly recognized as an outstanding work and at the height of its popularity was used in seventy law schools. His professional associations were as diverse as his Law School duties, and he approached each one of them with the same thoroughness and energy that he demonstrated in his teaching and admin­ istrative duties. From its creation in 1931 to 1945, Dean Kirkwood was a member of the Committee on Coopera­ n January 8, 1978, Marion Rice tibn Between Law Schools and the State Kirkwood died at the age of 90. Bar and was instrumental in raising the For many Stanford lawyers the educational standards for admission passing of Dean Kirkwood marks the through the development of a rigorous end of an era. With a career that spanned and well-administered bar examination. four decades, Marion Kirkwood served He also served as national president of the Stanford Law School and the legal the Order of the Coif from 1922-25 and profession with a dedication and vigor as president of the Association of Ameri­ that have become legendary. Indeed, in can Law Schools in 1934. From 1926 many ways the story of Stanford Law to 1951 he was on the board of directors School is the story of Marion Rice of the San Francisco Legal Aid Society. Kirkwood. Dean Kirkwood retired from the dean­ Marion Kirkwood began his long as­ ship in 1945 to devote himself entirely sociation with Stanford in 1905, when to teaching. Four years later he was he enrolled as a college freshman. He named to the William Nelson Cromwell received his J.D. in 1911 and was ad­ Professorship, the first endowed chair mitted to practice in California that established at the Law School. He re­ same year. In 1911-12 he taught at the tired from the faculty in 1952. That University of Oklahoma as an Assistant same year the School established the Professor. Then, in 1912, Stanford Uni­ Marion Rice Kirkwood Professorship in versity President David Starr Jordan in­ his honor. Lowell Turrentine, a long­ vited him to join the law faculty, thus time friend and associate, became the beginning a professional association that first holder. continued until his retirement in 1952. Even after his retirement Dean Kirk­ During those forty years he served wood continued to offer a lecture course under five University presidents - Jor­ in water law each autumn, gratis. dan, Branner, Wilbur, Tresidder and In 1975 several hundred of his former Sterling - and taught all but the first students wrote letters of appreciation to eighty Stanford law graduates. Marion Kirkwood, which were bound In 1922 he became Dean of the Stan­ in a special volume and presented to ford Law School, piloting the School him by then Dean Thomas Ehrlich and through some of its best times and cer­ Frederick I. Richman '28. The letters tainly its worst, including the Depression abound with words of praise and ad­ and World War II. Yet, during those miration. The volume is an eloquent ex­ supremely difficult years Marion Kirk­ pression of the profound affection and wood continued to raise the academic esteem in which Stanford lawyers hold standards of the School, as well as to Marion Kirkwood. They underscore an build a faculty that included many of observation once made by the late Pro- fessor George Osborne, "To the many Marion Rice Kirkwood will be re­ generations of students who passed membered by all whose lives he touched. through the Stanford Law School from Moreover, the continued success of the 1922 to 1952 he is always 'the Dean,' a Stanford Law School and of the future title springing not from long habit but generations of lawyers who will pass from an instinctive, strong and enduring through its doors will keep his memory desire to pay homage to the man." burning brightly in the years to come. Prof. Hancock: It has always seemed to beyond the point of hiring young pro­ me, in studying the history of Stanford fessors who would stay for two years Law School, that of all the deanships and then be lured away by Chicago or Marion Kirkwood's was one of the most Minnesota.