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The American Bar Foundation Annual Report 1969-1960

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The American Bar Foundation Annual Report 1969-1960 THE AMERICAN BAR FOUNDATION I ANNUAL REPORT 1969-1960 ) AMERICAN BAR CENTER 1155 EAST 60th STREET CHICAGO, ILLINOIS j IN THIS ANNUAL REPORT of the American Bar Foundation for the year 1959-1960, we first present a brief discussion of legal research as it is taking shape in United States legal circles, and then we describe and fit into the larger scheme the program of research that has been conducted by the Foundation during the year. Also included in this Report are status reports on projects underway or completed during the year, as well as brief statements 'concerning The Fellows of the Foundation, the Cromwell Library, a current listing of Founda­ tion publications, and the usual financial data concerning the year's operations. The Foundation research staff, with the guidance of the Research Committee, has experimented vigorously and with imagination. It has engaged in conventional doctrinal explorations of statutes, judicial decisions, regulations, rulings, and learned treatises and professional articles, but it has done much more among other ventures. It has in­ vestigated the actual application to life of the doctrines that have been duly established by law making authorities, as in the studies of Admin­ istration of Criminal Justice and the Field Studies for the Hospitaliza­ tion of the Mentally Ill. Also, it has experimented with group reseach­ team studies in which the lmowledge and skills of many persons are marshalled and catalyzed. Notable examples are the project on the Model Business Corporation Act Annotated, and the Report on the Law of Outer Space. The cover of this Report sets the note, i.e. varied research and imaginative experimentation. Indeed the research pro­ gram reveals a vitality that augurs well for the future. Since September, 1960, I have been associated full time with the Foundation. I find it a privilege and a challenge. Those who have guided the steps of the first five years have builded exceeding well. They have given birth to an institution of great potential value. By our united efforts the Foundation will be made an increasingly vital source for the improvement of the law and administration of justice. E. BLYTHE STASON Administrator February, 1961 THE AMERICAN BAR FOUNDATlpN Annual Rep·ort .. 1959-1960 AMERICAN BAR C:ENTER • 1155 EAST 60TH STREET • CHICAGO 37, ILLINOIS ! BOARD OF DIRECTORS JOHN D. RANDALL President, 10 First Avenue East, Cedar Rapids, Iowa SYLVESTER C. SMITH, JR. Vice President, 18 Bank Street, Newark 1, N. J. JOSEPH D. CALHOUN Secretary, 218 West Front Street, Media, Pa. I GLENN M. COULTER Treasurer, The Ford Building, Detroit 26, Mich. ROBERT K. BELL 801 Asbury Avenue, Ocean City, N. J. Ross L. MALONE Roswell Petroleum Building, Roswell, N. M. WHITNEY NORTH SEYMOUR 120 Broadway, New York 5, N. Y. THE FELLOWS' ADVISORY COMMITTEE TO THE BOARD OF DIRECTORS JoHN C. CooPER One Armour Road, Princeton, N. J. ANDREW J. DALLSTREAM 231 South LaSalle Street, Ohicago, Ill. ASHLEY SELLERS 1625 K Street, N.W., Washington 6, D.C. ADMINISTRATION E. BLYTHE STASON Administrator JoHN C. LEARY Deputy Administrator/ Librarian DONALD M. McINTYRE, JR. Assistant Administrator NOBLE STEPHENS Controller STANDING COMMITTEES BUDGET ROBERT K. BELL Chairman, 801 Asbury Avenue, Ocean City, N. J. GLENN M. COULTER The Ford Building, Detroit 26, Mich. SYLVESTER c. SMITH, JR. 18 Bank Street, Newark 1, N. J. FINANCE WILLIAM T. GOSSETT Chairman, The American Road, Dearborn, Mich. HAROLD H. BREDELL Circle Tower, Indianapolis 4, Ind. HAROLD J. GALLAGHER 15 Broad Street, New York 5, N. Y. GEORGE S. GEFFS Jackson Building, Janesville, Wisc. ORISON s. MARDEN 14 Wall Street, New York 5, N. Y. LIBRARY SERVICES . CARL B. Rrx Chairman, Wells Building, Milwaukee 2, Wisc. MILTON E. BACHMANN 306 Townsend Street, Lansing 23, Mich. JunsoN F. FALKNOR New York University School of Law, New York 3, N. Y. CHARLES A. McNABB Chicago Bar Association Library, Chicago 2, Ill. WILLIAM R. ROALFE Northwestern University School of Law Library, 357 East Chicago Avenue, Chicago 11, Ill. RESEARCH MASON LADD Chairman, State University of Iowa, College of Law, Iowa City, Iowa " HOMER D. CROTTY 634 South Spring Street, Los Angele.,s 14, Calif. EDWARD H. LEvr University of Chicago Law School, Chicago 37, Ill. JoHN W. MACDONALD The Cornell Law School, Ithaca, N. Y. , .~ CARL McGowAN 122 South Michigan Avenue, Chicago ,9, Ill.· 3 JoHN D. RANDALL THE AMERICAN BAR FOUNDATION Annual Report 1959-19601 THIS IS THE SIXTH ANNUAL REPORT published by the American Bar Foundation. Incorporated in 1952, the Foundation has been operat­ ing for seven years with an ever-increasing scope of activity as reflected in previous reports. An assessmen t of these seven yeaTs as a whole, and a clo e review of the seventh year, am, to me, most encouraging. The encouragement come from the r alization that within the pi'esent operation and the futme program of this xesearch organization, e. tablished for the legal profession and the country as a whole, there is fotmd a going concern which will be of great as istance to the law and to the lawyer in achieving his objective as a member of the legal profession. That objective is to fulfill his role as the responsible legal counsello · to his client, to the American legal system and to the national and international community. The responsible lawyer, if he is to be mo.re than merely adequate or competent, must be intellectually cuxious; he must have a love of erudi­ tion, a bent for education. The members of the American Bar Association, the American Bar A sociation Endowment, The Fellows of the Founda­ tion, individual lawyers, corporations and fund granting foundations have been interested in the American Bar Foundation and have en­ cow:aged and assisted in supporting it during these early years as it bas sought to develop a program reflecting the keenest awareness of th responsibilitie of the legal profession. I am sme that all of these indi­ viduals and organization share my anticipation of and encouragement for the future of the Foundation and join with me in the determination that that future shall be realized. The progress of the Foundation has been due to the devoted and able work of the staff, h aded by John C. Leary, Deputy Administrator/Li­ brarian, and to the initial organizing ability of John C. Cooper, the n.l'St Administrator, who held tl1e office from 1954 to 1957. Without mention­ ing each member of the staff by name, it seems to me that the progress, as well as the rnsults obtained by the Fotmdation, are greatly due to this fact. The new Adminisb'ator, my good friend, Blythe Stason, will add greatly to the staff, and I am sure that he and the staff will continue the progress already made, and that they have the best wishes of all of us. JOHN D. RANDALL President 1959-1960 February, 1961 5 l .. Legal Research-General FOR THE PAST SEVEN YEARS the American Bar Foundation' has published an annual listing of the current legal research work in progress in the United States in the now familiar Index of Legal These$ and Research Projects. The 1958-59 edition reveals that there were some 670 projects or programs listed and classified, including activities of the American Law Institute, the Institute of Judicial Administration, the National Conference of Commissioners on Uniform State Laws, bar associations, law schools, law professor , and individual practitioners as well as the approved and operational projects of the American Bar Foundation. Information is received by communication with law schools, bar associations and other legal organizations as well a studying the reports of fund granting foundations which support legal research. This listing of 670 pl,'ojects, while an impressive reflection of the amount of legal research being conducted, is not an exhaustive coverage because the publication does not attempt to tally all kinds of research in legal matters being conducted by all kinds of people and organizations for all kinds of purposes. It does not, indeed, list all of the research being done within the legal profession itself. It attempts to supply a topical answer to the question: In what areas or subjects is legal research currently being conducted in the United States by people or organiza­ tions basically associated with the law? No serious researcher can ignore the overlapping of interest and coubibution by various professions and occupations in every field of today's world. Yet, research does take on vm·ying characteristics and attributes whieb need describing in the course of a discussion about them and an attempt to explain them. It appears that attempts to classify research in precise definitional and exclusive terms is just as doctrinaire as the so-called "doctrinal" research so widely decried by many critics of research, especially of legal research. It must be recognized that any method of research may include matter garnered in many ways. Book research may include study of published field reports. Field research, that is the gathering of data by going to the basic primary agency in the administration of the law or gathering information by observing the operation of principles as applied to actual relationships, must neces­ sarily include research into published materials and an understanding of human beings, human processes and human institutions, else it will ignore the qualities that make field research desirable. Many factors enter into evaluating research, legal or otherwise. Evaluations, in research as in any other endeavor, depend upon purpose­ is the researcher a busy attorney preparing a brief, an appellate court judge preparing an opinion, a law revision committee working over a proposed statutory amendment, a law professor working on a treatise 7 or an article.
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