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. Involved in the purpose of the research is the role of the person doing the work and his status and relationship to the problem being studied. This is particularly significant when we remember that a good bit of legal research is done by non-lawyers. Reference 'to this particular area of legal research raises serious problems in evaluating quality. \Vhile little problem may arise in the case of research done bv the man with a limited education who has a traffic ticket, con­ siderably more troublesome are the problems of communication, under­ standing or role perception when legal research is done by the doctor, the psychiatrist and the social scientist, particularly in group research where all these professions as well as the lawyer pool their effort. Quality of research will also be judged by the length of time devoted to it, its cost, scope and breadth, the stature of the person or staff doing the work, the form of the completed research and results in application. How well the research measures up to all these standards of evaluation will determine much about the subsequent standing and reputation of the individual or organization conducting the research. All of this is merely suggestive of matters which must be considered in examining the research work listed in the Index of Legal Theses and Research Projects, unlisted research, or the accomplishments and goals of the American Bar Foundation. No exact definitions have emerged, and perhaps exact definitional goals are not realizable. Some agreed-upon terms are needed, hov.rever, for convenience and simplicity in identify­ ing the activity connected with the programs of the American Bar Foundation as outlined in the following report. That research falls into two major categories which can be characterized by the manner in which they will primarily be performed. First are the projects which will be primarily library searches, sometimes unsatisfactorily labelled "dochinal research." The literature searched will include the materials normally available through the facilities of a first-class law library. Second ar~ projects which are distinguished by the use of field research as a signifi­ cant portion of the effort toward a meaningful final report. Such projects will include considerable library research also. Both categories of research may employ the teclmiques of disciplinary, interdisciplinary, group and individual research. The reference to the various projects as library or field research, however, will provide the reader of this Report with some information as to the extent of activity contemplated for each of the projects. Further explanation of particular techniques used or anticipated for important use in a project will be made in connec­ tion with the projects as they are discussed in this Report.

8 Research Program of the American Bar Foundation

1. The Corporate Laws Project, commenced in Jul , 1956, came to a close dmfog this year with the comple­ Corporate Laws tion of the manuscript and its ubmis ion to the pub­ Annotated lisher and disb:ibutor, the West Publi hing Company of St. Paul. The three volume report of the project, entitled The Model Business '7 orporation Act Anno­ tated, became available to the public early in Decem­ ber, 1960. From an operational viewpoint the project is an excellent example of group work u ing predominantly the techniques of library r search. everal staff mem­ bers were engaged tJJrnughout the proj ct working at Foundation headq uaiters under the supervision of the Project Director, James F. poerri of Chicago, Illi­ llOis. A continual review of the research product by practicing specialists was provided throughout the entire proj ct with the active support and interest of the Committee on Corporate Law of the Section of Corporation, Banking and Busines · Law of the Ameri­ can Bar Association. Through an established opera-

COMMITTEE ON CORPORATE LAWS SECTION OF CORPORATION, BANKING AND BUSINESS LAW. Back Row (left to right) John C. Leary, Deputy Administrator, American Bar foundation; Francis T. P. Plimpton, New York City; Eugene J. Conroy, Newark; William Z. Proctor, Des Moines; Charles W. Steadman, Cleveland; John F. Rich, Boston; Willard P. Scott, New York City. Front Row (left to right) George D. Gibson, Richmond; Ray Garrett, Sr., Chicago; George C. Seward, New York City; Leonard D. Adkins, Chairman, New York City; James F. Spoerri, Project Director, American Bar Foundation; E. Blythe Stason, Administrator, American Bar Foundation; John A. Morrison, Kansas City. Absent: Whitney Campbell, Chicago; Paul Carrington, Dallas; William W. Darrow, Chicago; William H. Nieman, Cincinnati; H. Orvel Sebring, Philadelphia; Herbert F. Sturdy, Los Angeles. 9 tional procedure, providing for constant review of drnfts b both th Committee and the project staff, the final treatise is a composite of the combined judgment of the r search staff aud th pecialized Imo" 1 dge of practitioner ho ar a ti e in the corporate law field in all parts of the country. An examination of the Model Business Corporation Act lln.notated " ill give the impression initiall that this is olel "book research" of th lavv, i .. "doctrinal" r s arch, for it con ists primaril v f a di c l sion of the state Jaw throuCThout th country a compared with t1 particula.r pro ision of• the ?\lo l 1 ct b inCT r - i wed. low v r, the fact that th reviewing group was made up of lawyers in active corporation practice, necessarily invested the project with the facts of life, the application of the law to the corporate community. For this reason, the three volumes are much more than jnst doctrinal research. The , involve also the facts from tl1e field of bu in s life. App nded to the discussion of ach section ar i-eference citing the reader to on-the­ point discussions in other textbooks, and digesting the cases used in American law schools, listing pertinent law review articles and citing the comparable provi­ sions in the statutes in each of the states. This is not a unique study of the corporation in American business and community life nor was it intended to be. Admittedly it is a practitioner's book, a reference book. It does, however, have elements which, to some extent, cause it to be critical as well as educational. It is geared throughout to the Model Business Corporation Act, a statute drafted and kept up to date by the Section Committee and espoused for adoption in each of the states as a model consisting of a proposed statutory corporate law which, in the opinion of the Committee, would be a vast improve­ ment if adopted generally throughout the country. As a model act it also possesses elements of uniformity, certainly an arguable desideratum in the orderly con­ duct of public and corporate life throughout the country. Political questions are avoided, but the report is the end product which was originally designed. It is useful to the bar. As evidenced by the financial support which has been given to the project by law firms specializing in corporate law, and corporations them­ selves, such a work is serving a real need. 10 Group research does, of course, present some prob­ lems as does institutional legal research. The legal scholar who spends a lifetime in producing a multi­ volurne treatise on some aspect of the law main ains throughout the whole work an individuality and mark of his own peculiar competence and ability in this .field. One might suggest that in the drafting and reviewing process described above that individnal opinions and critical judgments tend to become diluted into an expression of the consensus of the group involved on the point in issue. While there undoubtedly is some validity to this view of instit itional and group legal rese~uch in any £eld, a closely lmlt organization such as that devi ed for this project assme assembling the combined wisdom of a group of knowledgeable people advising the staff of the Foundation. While the treatise does not evidence a special field study into materials outside the legal profession, the Foundation feels that the project report is an extremely commendable study of a legal struct ire-the Americau corporation- and is very proud of the fact that it is now available in general corporation literature as a publication of considerable stature serving recognized need.

2. The Survey of the Administration of Criminal Justice is a group research project which has been in operation Administration for several years. The current phase of the project is of Criminal called the analysis phase. It consists of a detailed Justice in the examination of the field reports and other data col­ United States lected during the pilot field project conducted in the states of Michigan, Kansas, and Wisconsin. It is properly labelled field research as that term has been defined earlier in this Report. The essential purpose of the whole project is to determine how the criminal justice system works, who makes the decisions, how decisions are arrived at and how they are interrelated in the whole criminal justice process. The current analysis phase centers upon several identified major points in the whole process. Both the pilot project and the analysis thereof is interdisciplinary for the Foundation has on its staff sociologists, penologists, experts in the techniques of sociological field research as well as persons experi­ enced in police administration. Legal orientation has 11 be n afforded b the sponsorship of the psoj ct b the FoLU1dation, together with the composition and advic of the Special Committee supervising the proj ct and the d.ir ction. of the i1roject in bbth the pilot proje t and the anl sis phase b qualilled riminal law exp rts Arthur H. Sherry and Frank J. Remington. Th p ·oje t i also library research for it involves ne essaril the "research in written law" process de crib d abov . Yet it was conceived initiallv as a project to determine the state of the stc tutor, a1~d ase law together with administrative regulations and poHc department policies in relation to the actual op rational facts as discovered in the field smv ' and anal zed during the two phases of the whole plan. The Foundation is convinced that there is a vast potential for further research within this project, which will be formulated after the analysis reports are com­ pleted during the summer of 1961. While much of the material collected during the pilot operation is confidential, the Fotmdation has considered it its duty to make the seven volume pilot project report available to scholars in the field under certain condi­ tions, and about 150 sets have been loaned to judges, lawyers, scholars, teachers and other interested per­ sons. Two summer seminars have been held at the University of "Wisconsin Law School, one in the sum­ mer of 1959 under the sponsorship of the University of "Wisconsin Law School, the other in the summer of 1960 under the sponsorship of the Social Science Re­ search Council. The attendance at each of these semi­ nars was interdisciplinary in character. The pilot project material has also been used in graduate seminars in several American Law schools, and law review articles have appeared which have utilized the findings under the conditions imposed by the Foundation, pending its own publication. The potential benefit · includ a sub tantial re ision in teaching criminal law and its admini tration in American law schools, and, hopefull th resnlts will be utilized in the whole criminal justice process throughout the country. The project has been supported throughout by The Ford Foundation. Grants totalling $495,000 were given for the planning and operation of the pilot project, and $75,000 has been granted for the analysis now 12 underway. vVe recognize the costly nature of field studies of this type. Admitting thi , the result acltieved is well worth the money invested and the methodology which has evolved is an extremely valuable permanent asset to the Foundation for its future operations. In conclusion, as suggested at the outset, the project illustrates the special character of the research work of the American Bar Foundation. It is devoted insofar as possible, to the operation of the law and its actual function in society with particular reference to the specific tasks and services performed by the lawyers and judges involved in the whole proces . .

3. This group research project, Rights of the Mentally Ill, is somewhat different from the two already Rights of the described. It is a first phase of a long needed examina­ Mentally Ill tion into the role of the law as it relates to the mentally ill. Since 1943, the American Bar Association and its Special Committee on the Rights of the Mentally Ill have persistently ought this project and its resultant project repo1t. It covers an area of the law which ha been se1-iously neglected by the 1 gal profession in recent years. The manuscript report on this phase of the project entitled, "The Mentally Disabled and the Law," has been carried through a second revision during this Foundation year. It was submitted to and accepted for publication by the University of Chicago Press. Procedures in The project was originally conceived as consisting of Commitment two phases. The ilbrary study is now completed, and and Discharge the field studies comparable to those undertaken in the of the criminal justice project will be undertaken at a later Mentally Ill date. 'With the completion of the manuscdpt and its early publication now anticipated the F0tmdation has felt that it is in a position to take the next step. It has sought and obtained financial assistance for the field tudies portion of the project. The National Institute of Mental Health has made a grant which will enable the Foundation to conduct fact finding field studies in several parts of the country dming the ensuing year. A recognized expe1t in the field of mental health, Mr. Hugh A. Ross, ha een appointed director of this project, and, as is the case with all extensive special subjects under examination by the Foundation, a 13 special committee of lawyers has been appointed to advise the Administrator of the Foundation and the project staff throughout its operation. . While it is primarily the legal procedures involved in the medical treatment of the mentally ill that are being examined, the project will necessarily be interdisciplin­ ary. An advisory committee of prominent psychiatrists has been appointed to assist th project iu its m dical aspects. Sociologists, ocial workers, and ho pital ad­ ministrators will also be used throuahout for th insti­ tutions which these people operate are also involved in the examination of the whole process. Special mention should be made of the search in statutory law involved in the preparation and revision of the completed manuscript, "The Mentally Disabled and the Law." This was found to be an extremely com­ plex and detailed matter. It parallels th Foundation's experience in th corporation £eld chuing the Corporate Laws Project di cu -sed above. An added feature here was that in the editorial planning of the publication, it was decided to summarize or digest the multitudinous provisions of the several states dealing with this sub­ ject to make them available for easy reference and for comparative examination. Exactness is an ever-present problem in the production of such a manuscript, and various possibilities of interpretation are, of course, evident. The interpretive phase is particularly exacting when involved in a project of this sort.

4. A somewhat comparable interdisciplinary and inter­ professional project is that dealing with Narcotic Drug Narcotic Law, approved by the Board during this Foundation Drug Law year. This legal research was proposed by a joint American Bar Association-American Medical Associa­ tion Committee which examined this whole field during the preceding two years. As now detailed, the Founda­ tion will study the relationship between the imposition of severe sanctions for violation of narcotic laws and changes in the incidence of narcotics addiction and the rate of conviction for offenses against the narcotic laws. \Vith a view to conserving our resources the project will not include field studies, but will be con£ned to a library search and an examination of reports and other materials made available by groups involved in 14 the enforcement process. A limited number of inter­ views will also be utilized.

5. The Fow1dation has very carefully exa.nUnedltwo portions of state statutory law in two of the above Statutory projects, the Corporate Laws Project and the Rights of Law of the the Mentally Ill. Such a task is formidable and irideed States perplexing. We are convinced that some improvement must be made in getting at the statutory law of all the states in the country, facilitating the identification and compari on of basic underlying and mifying principles. With this in mind th Foundation has approved a project designated as Statutory Law of the States. This project was originally proposed by the National Con­ ference of Commissioners on Uniform State Laws. Since its approval in February 1958, the Foundation's special committee appointed by the President has been inve tigating the feasibility of several different ap­ proaches to the project. A method of co1Telating the statutory law with the American case law on a horizon­ tal basis has .finally been decided upon, and it is antici­ pated that the project will get underway early in the calendar year 1961.

6. The project entitled, Congestion in the Courts, has been in progress since farch, 1957 and illustrates again Congestion the Foundation's interest in the actual operation of the in the law. The project has mainly consisted of the legal bi­ Courts monthly publication, "Court Congestion Newsletter," which is mailed to The Fellows of the Foundation and also to judges, court administrators, bar as ocia­ tions and others throughout the country interested in this problem. The total mailing 1i t now exceed 1,500. The Foundation's Cromwell Library receive and houses permanently all regularly published reports dealing wit11 the operation of the trial and appellate cotuts throughout the COLlntry as well a report o:f judicial council· and comt administxators. The project wa conceiv d as reportorial and informational, and in view of other commitment at the time it was under­ taken, it was limited to this type of activity. It can probably be described as library research in that it consists, designedly, of the editorial preparation, pub­ lication and distribution of descriptions of efforts towards solving the problems of congested court cal-

1.S endars as undertaken by others. The project, apart from necessary editorial judgment, is not original research work except to the extent described below. It is felt that this type of activity is excellent ptepara­ tion for field research in court congestion which may be undertaken at a later date. Such an undertaking must await the completion of the analysis phase of the criminal justice project and the determination of what further field research will be needed there. The research attorney assigned to the project and other Foundation personnel have met on a number of occasions with the Americaii Bar Association Special Committee on Court Congestion, and, as reported duri.ng t11 preceding _ ear, hav been of assistauc in th pr paratiou of the ommitte s widel 1 clistrib 1t c1 pamphl t, ' Ten Cures for omt Conge ·ti n." lOther product of this proje t should b note 1. pamphl ~ t ntitlecl 'Comt Cal ndcu· tudies" was revised durinu the Foundation year, and copies were distributed at the time of the Annual Meeting of the Association and Foundation in 'Vashington, D. C., August, 1960.

7. There are no present plans to make additional calendar studies of this type in other parts of the Automobile country. The Foundation is, however, laying plans for Accident its project on Autonwbile Accident Litigation which Litigation has recently been approved by the Board of Directors. A study of the methods of handling the great numbers of automobile tort cases in the courts is a natural devel­ opment of the Foundation's interest in congested cal­ endars and its broader interest in operation of the court svstem as a whole.

8. Federal Tax Procedure, an operational type examina­ tion of the mechanisms available for handling tax dis­ Federal Tax putes has been duly approved but has not as yet been Procedure financed. A plan for this project has been developed in cooperation with the Section of Taxation of the American Bar Association, and the Foundation is hope­ ful that in the near future it will be able to undertake this study. It is deemed to be most important.

The Foundation feels that a substantial portion of its research effort should be devoted to an internal exami- 16 nation of the legal profession itself, and that its studies should contribute substantially to the available sources of information about the number of lawyers and their various opportunities in the legal profession, the kco­ nomic rewards that can be expected, and pruticularl the questions of ethics and the responsibilities of th lawyer to his clients, to the courts, and to the com­ munity as a whole.

9. Such projects may be characterized to some extent as "housekeeping." In the best sense this term is correct Unauthorized and might well be utilized in &escribing the Founda­ Practice of tion's activities in Unautho1'ized Practice of the Law. the Law To date, and as designed, this project has been a library research effort. The staff members assigned to it have worked closely with the members of the American Bar Association Standing Committee on Unauthorized Prac­ tice of Law, and the field of examination has con­ sciously been limited to the legal materials available and the viewpoint of the legaf profession about tm­ authorized practice. The Foundation has already pub­ lished a compilation of case law and other legal SOW'ces under the title of "Unauthorized Practice Source Book," and is currently completing a compilation of all state statutes dealing with the same subject.

10. Statistical information about the profession and the economic possibilities within it have been regularly Financial part of the program of the Foundation since it com­ Relations menced operations. The next statistical report on Between lawyers in the United States will be prepared during Lawyers and the calendar year 1961. During the year reported on, Clients the Foundation completed its manuscript, "Limitations on Attorneys' Fees Under Federal Law." The next activity now being undertaken under this broadly designated project is an examination of the contingent fee. These economic studies and the reports on the num­ ber and distribution of lawyers are a follow-up of The Survey of the Legal Profession and are deemed a very necessary part of the whole research program of the Foundation.

11. Reference has been made to the professional re­ sponsibilities movement which has developed and 17 Professional grown stronger within the legal profession within the Responsibility last few years. ·while the Foundation's earlier project -Canons of on the Canons of Ethics was terminated, interest in Professional this whole area has been retained within the Founda­ and Judicial tion and the project newly designated as Professional Ethics Responsibility-Canons of Professional and Judicial Ethics will be undertaken just as soon as financial sup­ port is available. ·while internal in its direction and initially involving self examination, the implications, the design and the objective of this project are extremely broad. It is deemed as one of the most im­ portant projects in the future progam of the Founda­ tion as now conceived and its beneficial result in the American scene will certainly be substantial.

12. The Foundation has operated a Professional De,,;el­ opment Program, during this year on an experimental, Professional but very successful basis. In order to be of assistance Development to the officers of the Foundation, the American Bar Program Association and other leaders of the bar in state and local organizations, a staff attorney has been assigned the task of assembling the current thought on the important issues confronting the legal profession or, alternatively, issues confronting the public, which merit comment and advice by the American lawyers. Through this program it has been possible to establish the nucleus of a file of policy positions taken by the Asso­ ciation on such matters. Memoranda and other infor­ mation helpful in the preparation of speeches and articles are prepared and furnished to the President and President-elect of the American Bar Association. ·while not oriented towards any specific topic, the files thus assembled are an extremely valuable source of in­ formation to these busy bar association officials who speak and make appearances on behalf of the profession in all parts of the country. During this experimental period, the results of the project have been extremely gratifying and the program will be continued as a portion of the Foundation's regular program. hasty view of the preceding four projects h the non-lawyer might 1 ad him, to conclude that they are s If-serving onl . The net result of these projects is, we believe, ill. the in terest of both the profession and the public. The relationshjp of the lawyer to his client 18 is basic to the entire service which the law can render to the public. It is important that we have a clear tmder­ standing of the role of the lawyer in the changing economic and political structme of the country. At the suggestion of various organizations representative of the American bar, the Foundation has undertaken these projects. It has been the policy of the House of Delegates of the American Bar Association that legal research mat­ ters which cannot be handled by any Section or Com­ mittee of the Association should be referred to the Foundation for consideration. When such projects have the happy result of providing a service to the legal profession while at the same time enlarging the under­ standing of the significance of the law in our society, the Foundation is anxious to undertake them. With this in mind, the Foundation feels, however, that it must exercise independent judgment about the projects it will undertake, and that it should undertake its research with a critical viewpoint and report its con­ clusions in the manner and form which appear to be most satisfactory. The development of a program of research is a slow process. A good current and future program is a mark of the maturity and statute of the research organization, and, like anything else of merit, it must be developed within the organization itself. Imaginative and worth­ while ideas about possible projects are always welcome, and can certainly develop within an ABA Section or Committee. Indeed, the Foundation's program is evi­ dence of that. Accumulated experience and maturity have moved the Foundation to abandon any wholesale solicitation of research project suggestions and to the decision that each proposal must be examined independently and in relation to the goals of the Foundation and its whole present and future program. The capability of the Foundation to do the work must be considered as well as the capability and programs of others, including law book publishers, who are engaged in legal research work. This it must do if it is to achieve its goal as a research organization with a significant and important voice in this country and around the world. 13. In keeping with the times the Foundation has devoted a portio.n of its efforts to the international International scene, incluaing the rule of law in international affairs Unification and the activities of the lawyer in this area. For the of Private past two years, in conjunction with the American Bar Law Association Special Committee, the Foundation con­ ducted a project dealing with the International Unifi­ cation of Private Law. The encl result of this project will be a report on the different methods of achieving unification which have been utilized in the interna­ tional community, together with an identification of the groups which have been. active in the movement, such as trade as ociation and exchan.a s, il1t mational and supra-national agenci . The report will d al as well with formal govemmental negotiation leading to treaties; it will be descriptive and informativ about other scholarly centers of activity important in this movement. It is anticipated that the printed report will be submitted to the House of Delegates of the Asso­ ciation at the 1961 meeting in February.

14. Another project illustrative of the Foundation's interest in international affairs is its project on the Law of Law of Outer Space which has been conducted under Outer Space a research contract entered into with the National Aeronautics and Space Administration. The report re­ sulting from this project was completed at the end of the Foundation year and has been submitted to the Foundation's advisory committee within the Section of International and Comparative Law of the American Bar Association as well as to the Foundation's review­ ing Research Committee, prior to formal submission to NASA. Scholarly and bibliographic in nature, the report is a very thorough survey of the existing body of literature dealing with the law of outer space, together with an analysis of the most serious problems facing the legal community and the nations of the world in dealing with this somewhat startling new activity. Many of these points are highly controversial and areas of dis­ agreement are not confined to expressions of inter­ national policy about the matter. The Foundation was able to obtain the valuable services of two highly skilled Reporters to supervise and conduct the project: Professor Leon Lipson of Yale Law School, and Pro-

20 fessor Nicholas deB. Katzenbach of the University of Chicago Law Schoo.I. The results of thi administrative arrangement have been very satisfactory, and the Founda:tioi1 is confident that it can expand and utilize this procedure in its future activities, permitting it to call upon the expert knowledge of law professors and practitioners to supervise research work and guide it throughout it operation.

15. A ma sive effort of the American legal profession towards the peaceful settlement of international dis­ World Peace putes and the achievement of stability in our relations Through Law ..,vith other nations is demonstrated by the Foundation's participation in the activities of the American Bar As o­ ciation's Special Committee on World Peace Through Law. To support the plannfag of the activities of thi Committee, the Foundation requested and received a grant from The Ford Foundation in the amount of $2.5,000 during the 1958-1959 Foundation year. As a result of this planning and in the further development of the project, the Committee conducted several re­ gional conferences in tl1e United States on the rule of law, financing these efforts with a grant received from the International Cooperation Administration. As a next step the Committee plans to conduct a series of four regional international conferences for lawyers, one each in South America, Asia, Africa and Europe, during the calendar year 1961. The regional international confer­ ences will be followed by a world conference to be held early in the calendar year 1962. The meetings in the United States were thought-pro­ voking and furnished helpful discussion of the topics presented in the prepared conference papers. The American Bar Foundation, being cognizant of the suc­ cess of the American meetings, has asked for and re­ ceived from The Ford Foundation a grant to support the four regional international conferences planned. The ICA has made an additional grant, primarily in support of the world conference. The method of handling the funds received for the activities of the Committee has been carefully examined by ·the Foundation's Board of Directors, the Administra­ tor, and the Foundation's counsel. After this review, regulations were adopted at the Foundation's annual meeting in Washington in August, 1960 covering this 21 and similar situations which may arise with increasing frequency in the future. The regulations adopted by the Foundation provide that the moneys received in this fashion shall be budgeted and disbursed ill ac­ cordance with general Foundation regulations covering its own internal funds, and that in all other respects activities financed through such funds shall be con­ sidered as a Foundation activity subject to the direction and supervision of its Board of Directors. At the time of the preparation of this report, the American Bar Association Special Committee, headed by Charles S. Rhyne, former .President of the Founda­ tion and the Association, has selected the site for the first regional international conference. It will be held in Costa Rica as soon as possible after the first of March, 1961. Through this project and those on outer space and international unification, as well as others to be under­ taken in the future, the Foundation discharges its obligation to the international law field as it does by other projects in the domestic field.

22 Publications of The American Bar Foundation

A complete catalog of the publications of the f\meri­ can Bar Foundation which have been released through the end of this Foundation year, August, 1960, is set forth at the end of this Annual Report. The contents, purpose and ·objective of many of the items are described in this and earlier Annual Reports. ome of t11em have been prillted and distributed by independent publishing houses. Other· have been dis­ tributed by the Foundation staff on conb"act with print­ ing houses. Prices are kept at a minimum in order to insme as wide a distrib ttion a possible, the objective being to recoup direct manufactming costs so far as possible. In line with the research theme of this Annual Report, it might be well to point out that during the Fo mdation year reported on, we have regularized and established permanently the Foundation's Research 1emorandum Series, all of which are distributed free of charge in normal quantities. Some of these memo­ randa have been written as specific responses to re­ quests for information; others are incidental by­ products of research projects in operation. The list of titles in the catalog is growing, and we are hopeful that thrnugh the medium of these publlca­ tions, the results of the many different kinds of research undertaken by the Foundation will be made readily available to the legal profession of this country and the world, and to the public at large.

23 E. BLYTl-IE STASON, Administrator Administration--The Fellows­ The Physical Plant-Personnel American Bar Foundation

E. Blythe Stason, who reached the age of retirement as Dean of the University of Michigan Law School in Administration September, 1960, and who had for two years been chairman of the Foundation Research Committee, was appointed Administrator of the Foundation at the Annual Meeting of the Foundation in Miami Beach, August, 1959. Although Dean Stason's appointment was effective at that time, it was understood that he would serve during the first year on a part-time basis only. Thereafter, in September, 1960, he assumed full-time direction of all research and library activities of the Foundation. Following his very careful examination of the Foun­ dation's internal procedures, based in part upon his experience on the Research Committee, the Adminis­ trator recommended that the Board of Directors adopt new regulations covering the conduct of research activi­ ties and the operation of the Cromwell Library. The proposed regulations were adopted by the Board at the October, 1959, meeting. The most important changes involved are the enlargement of the responsi­ bilities of the Research Committee, the elimination of the distinction between Class A and Class B research projects, the clarification of the functions of the Direc­ tors and the several committees of the Foundation, and the more efficient supervision of all the research projects by the Administrator himself. This change in the method of conducting internal operations is one of a series of steps in a well thought out program which would enable the Foundation to achieve its objectives in a more efficient manner. Another step, reported earlier, was the appointment of The Fellows Advisory Committee to the Board of Directors. Still another was the selection of a permanent Administrator; this was achieved through the appointment of Dean Stason. The Administrator's recommendations about internal operating procedure followed naturally. A pro- 2.5 gram of regular staff conferences was initiated to pro­ vide a medium for the improvement of research tech­ nique and method. The conferences also prqvide a forum for the expression of critical evaluation of Work in progress and a somce of collective advice and assistance to members of the research staff in resolving _problems growing out of their particular projects. In considera­ tion of the vast amount of legal periodical literature received by the Cromwell Library, a new selective scheme of routing literature to the staff was devised which results in each member receiving those publica­ tions likely to bear upon his interest or work. The administrator has developed plans for building a Foun­ dation staff that will be able to speak with authority and thoroughness in areas of Foundation activity. It is anticipated that there will be added to the staff in the very near future specialists of a stature equal to the faculty members of first-class law schools or part­ ners in distinguished law firms. In addition, experts in still other fields will be called in, from time to time, for supervision of specific projects as they are undertaken. Throughout the year the officers of the Foundation and the other members of the staff have been preparing an extremely comprehensive long-range program for the Foundation. It is entitled "A Proposal for Support of a Ten Year Program of Research and Development of the American Bar Foundation." The Board of Direc­ tors has been consulted about this document on several occasions throughout the year and the Administrator has been authorized to prepare it with implementations along the line he suggested. Essentially the Ten Year Program envisions three principal features: ( 1) a bal­ anced approach to a considerable number of timely and significant problems of law and the administration qf justice; ( 2) a comprehensive and critical examination of the legal profession and its services to the public; and ( 3) an exploration of international affairs and their impact upon the law. It is anticipated that considerable effort will be de­ voted towards financing the program during the 1960- 1961 Foundation year.

The Fourth Annual Meeting of The Fellows of the American Bar Foundation was held in Chicago on 26 The Fellows February 20-21, 1960, during the weekend preceding the Mid-Year Meeting of the American Bar Association. The membership of The Fellows in its four categories totalled 653: 596 State Fellows; 36 Fellows-at-Large; 13 Life Members; and 8 Honorary Members. Approxi­ mately 400 Fellows and their wives attended this Fourth Annual Meeting presided over by the chairman, Charles S. Rhyne. In an effort to bring the total group of Fellows more closely into contact with the Founda­ tion's research program, three seminars were held on the first afternoon of the meeting devoted to three different projects: The Administl"ation of Criminal Jus­ tice in the United States; Model Business Corporation Act Annotated; and Rights of the Mentally Ill. The Fellows in attendance at the seminars were given status reports on each of the three projects; discussions and many valuable comments were received from those participating. This is viewed as a worthwhile feature of the annual meetings of The Fellows and will be developed further in the future program of the Foun­ dation. The Fellows' awards for outstanding research in the law and government and for distinction through the practice of law for more than fifty years were given to Erwin N. Griswold, Dean of the Harvard Law School, and John Lord O'Brian of ·washington, D. C., respectively. An honorary membership in The Fellows was awarded to Michel Gaudet, Director of Joint Legal Services of the European Community, who delivered an address at the Annual Banquet of The Fellows. Another honorary membership went to Robert D. Murphy who had recently retired as Under Secretary of State. Mr. Murphy addressed the joint Fellows­ National Conference of Bar Presidents luncheon on February 21st. The Administrator, Dean Stason, addressed The Fel­ lows attending the annual business breakfast, describ­ ing the plans for the long-range development of this research organization as outlined above. The newly elected officers of The Fellows of the Foundation chosen at the business breakfast were "William T. Gossett, Chairman; Cuthbert S. Baldwin, Vice-Chairman; and vValter P. Arn1strong, Secretary.

27 For some time the Board of Governors of the Ameri­ can Bar Association and its staff have been concerned The Physical about the lack of space in the American Bar Center. Plant The Association and its sub-tenants have been ex­ tremely crowded. The preparation of drawings and financing plans were authorized both within the Foun­ dation and the Association. Thereafter the construction contract was negotiated for the addition to the Bar Center, which is now well along towards completion. Financing has been arranged through the American Bar Association and the American Bar Association Endow­ ment on an approxbtiately --equal basis. The addition will, of course, be a part of the physical properties owned by the American Bar Foundation. Through the release of space temporarily allocated to the Associa­ tion becau e of crowded conditions, it is anticipated that occupancy of the new addition in the late spring of 1961 will permit the Foundation to have available all the office pace it needs for conducting the research and library program as planned for the ensuing few years.

In addition to the appointment of the full-time, permanent Administrator, the Board created only two Personnel new staff positions during the year, an additional posi­ tion on the research staff to enable the Foundation to conduct its Professional Development Program, and a secretarial position for the Administrator. In other respects the changes in Foundation personnel have been nominal, although some revision has been made in starting salaries of research attorneys to make the Foundation reasonably competitive with good Chicago and eastern law firms. All of the members of the Foundation staff during the year are listed at the end of this Annual Report. The reader will find there also the names of the mem­ bers of the Special Project Committees established by the Board to advise the operation of the various projects of the Foundation. Well-qualified research personnel, well-trained li­ brarians and competent secretarial assistants are essen­ tial assets of a successful research organization. Having them on hand eases the burden of administration. In 28 the year-long planning of his Development Program, the Administrator has consistently advised the Board of Directors about this matter, and the Program as now outlined envisions a gradual enlargement of th staff through the appointment of well quali£ d . ubject sp cialists, as well a th additi011 of a number of ue"vl admitted beginn.i.ncr research attorney ·. The oundation is making contact regular} with all of th Am rican law schools notif ing them of its program. \• ith th adoption and sue essful finauciug of the ne" Ten Y ar Program, it will certainly be possibl to attract to the Foundation taff a group o top-Bight lav · r a1 cl schola.rs. A ..rrangement if desired can be mad for om of these persons to work for the Foundation and at the ame tim pur ue co irses of graduate stud at the ueighborincr institution , th Universit 0£ Chi­ cago Law chool, orthw st rn Law chool or oth r institutions located in th cit ' of Chicago. The addition of O'Ood yotmg r res arch attorn to the staff, the employment of the recognized exp rts the undertaking of new and well de ignecl prnjects am all step in a carefully designed plan for th future. All a.re necessary ir1 tl1e successful operation of a research program with it upporting Jibrar .

29 The Cromwell Library of The American Bar Foundation

At the present time, the Cromwell Library staff con­ sists of the Librarian, the Assistant Librarian, the Personnel Catalog-Reference Librarian, the Technical Processes Librarian, a Bibliographer, one secretary and two library student assistants. The staH is deemed adequate for the present operation asd tho e planned for the immediate future. After a period of reappraisal, it seemed advisable dming the year, however, to regularize procedure witb­ Staff Manual in the Librm:y and all members of the staff participated in preparing a comprehensive Staff Manual which has

NOW IN ARCHIVES . . . Mrs. Ramonda Jo Barlow, assistant librarian of the Cromwell Library of the American Bar Foundation, arra·ng­ ing essays from The Law Bulletin's 1960 Law Day Essay Con­ test for Law Students before adding them to the library's col­ lection. Winning es­ says had been on display in a special case at the library. The essays were pre­ sented to the library by The Bulletin as a contribution to the archives of the or­ ganized bar. Chicago Daily Law Bulletin 30 recently been published. The manual sets out in detail the policies established for the Librar and the respon­ sibilities of each member of the Librar staff. The manual was published at the end of the aimual meeting in August, 1960. Its contents have been stm1marized in brief form in a Readers Manual, which is also available for distribution to the staff members of the Foundation, and to all American Bar Association and other Bar Center employees using the facilities, and to casual readers who come to the Bar Center to use the collec­ tion. Since there are very few law library staff manuals in print, it is felt that this publication is a valuable addi­ tion to the literature describing law librarianship. The staff also felt that it was time to inventorv the Cromwell Library collection for no complet in e;1tory Collection had been conducted since the operations ornmenced in January, 1955. The results of the invent< r w r qtut satisfactory and arrangements have been made to main­ tain a financial valuation of the collection on a current basis so that the fire insurance coverage will be ade­ quate at all times. With its emphasis on bar as ociation publications, the collection is certainly unique in the United tates, indeed in the world. It is the Librar polic to collect all American bar association. publicatioo.s and to add them to the permanent collection. The Library is iu addition, adding gradually the publications of bar associations in other countries as well as books about lawyers publi hed here and abroad. Thes a:r eith r purchased or added to the collection b exchange or gift. As the Librar had an e.·t:remel lru·ge collection of ABA and tate bar association publications on hand shortly after it commenc d operations th catalo ing of these items has been ornething of a prob! m. At th present time the staff is working on the publication of the American Bar Association. A manu cript listing the publications of the Sections of the American Bar Asso­ ciation was completed during the year and will be published in the near future. Similar activity is planned for the remainder of the ABA committee publications and those of the Association itself, to be followed there­ after by comparable publications listing the holdings of the state and major local bar associations in this country and abroad. The work in preparation of these checklists is so designed as to accomplish a portion of the cata-

31 loging simultaneously. Utilizing the American Bar Association's print shop, the Library catalog cards are produced locally. The Cromwell Library is housing and displaying six volume of Scottish institutional writings presented to the American Bar Association at its am ual meeting in Washington, D. C. in August of 1960. These mag­ nificently bound volumes, a gift of the lawyers of Scot­ land, are displayed in the Mitchell rare book case, a gift of Mr. and Mrs. Morris B. Mitchell of Minneapolis, Minnesota. The gift is comprised of the following: Bell's Commentaries on the. Law of Scotland, 1870, 2 volumes; Erskine's Institutes of the Law of Scotland, 1871, 2 volumes; Stair's Institutions of the Law of Scot­ land, 1832, 2 volumes. The acquisitions to the Library collection during the year have been normal. The statute collection furnished partly through the cooperation of the respective pub­ lishers listed later in this Report, and the National Con­ ference of Commissioners on Uniform State Laws, is complete with the exception of the new state of Alaska. All law school reviews indexed in the Index to Legal Periodicals are now represented in the collection. As a basic policy they are, with a few exceptions, limited to years subsequent to the year 1950. The Foundation has access to the University of Chicago Law Library and other portions of the Harper Library system to supplement its periodical and text collection. Special research collections are obtained as research projects are undertaken, and they are added to the permanent collection or otherwise disposed of when the project is completed. Many of the Foundation's acquisitions come to it as gifts from bar associations in this country and abroad, Gifts or through gifts by individual lawyers or law firms. We would like to acknowledge, however, renewals of ar­ rangements which were made when the Library first commenced operations for the continuation of gifts of certain publications of the following:

1. BURDETTE SMITH Co. 2. BUREAU OF NATIONAL AFFAIRS, INC. 3. LAWYERS Co-OPERATIVE PuBLISHING Co. 4. LITTLE, BROWN & Co. 5. PIKE & FISCHER, INC.

32 6. PRENTICE-HALL, !Ne. 7. SHEPARD'S CITATIO:>IS, lKC. 8. \VEST PUBLISHING Co. The Librar prid s itself on the services whicl1 it provides to the m mb rs 0£ th ·e arch staff of th Services Foundation, to other emplo es in the Am rica1 ar Center, and to the profession tluongbout the ountr . Th photocopy machin i us cl xtensi el, and a gr at numb r of r f rence q u tion ha e been answered b ' m ml ers of the Library taff and th lav• er 011 th 3 r search staff. Copi s of th m ·w rs to the ref r n ·e qu stions are kept o.u file and, a in la"' firms becorn a valuable asset in conser iug tint wh n pr paring answ rs to similar qu stions submitt d at a lat r dat . Condncting its pxogram of distributing Ii rol x pa kets of merican fa, b ol ' in foreign conntries the Fotmdation present d two of thes ailts during the ar. ne eut to the Pakstan Legal Center fa ahor , pres ntation beiIJcr made by the Honoral I John Biggs Jr. of Wilmington, Delawru· . Carl B. Rix of ! lilwauke » the Charrman of the Librar ervic s Committee, pre­ s nted the other to the bar association in Beirut, Leba­ non. Also in continuation of the same program, the Foundation distributed copies of Hatton vV. Sumner's work, The Private Citizen and His Democracy, to thirteen law schools and bar associations which had rnceived packets of book descriptive of th Ame1ican 1 gal s stern dming the pre ecling ear the latter b il1g made availabl b th American Bar ssociation s Special Committee on Cooperation ,. ith Legal Pro­ fession of Friendlv Nations. The t\lficrol x l;ack t are fornnc d throu h th Fo m­ dation s .Microreprodu tion Fund. This Fund is also Publications utilized in preparing microfilm editions of out-of-print bar association publications. Dnring the year the .fhst 26 olumes of the Los Angeles Bar Bulletin wer micro­ .filmed ap.d 11oti · of their availahilit) bav been s nt to bar associations and law schools throughout the country. The Library'· Recent Acquisitions list is pre­ pared and distributed on a quarterly basis and is sent to a mailing list of approximately 1,200, including The Fellows of the Foundation. As was done in commencing, we shall, in concluding "Little this Annual Report, make reference to the publication Green Book" this year of the seventh edition of the Foundation's

33 standard reference serial which lists and classifies grad­ uate theses and dissertations accepted in American law sc;hools and current legal research projects in p7ogress throughout the country. The title, Graduate Degrees in Law and Current Legal Research Projects, has been shortened to Index of Legal Theses and Research Projects, still better known, perhaps, by its sobriquet, "The Little Green Book."

GIFTS AND SERVICES TO THE LIBRARY The list of contributors below does not include the bar associations and individuals who have contributed books during this year and whose contributions are also gratefully acknowledged. Some of the law book publishers who donated some of their publications directly to the Cromwell Library also contributed State Codes through the National Conference of Commis­ sioners on Uniform State Laws.

1. The Fellows of the Foundation HERBERT c. DEYOUNG Chicago DOUGLAS L. EDMONDS Los Angeles RusH H. LIMBAUGH Cape Girardeau, Mo. MAURICE H. MERRILL Norman, Okla. MORRIS B. MITCHELL Minneapolis SAMUEL L. PRINCE Anderson, S. C. E. BLYTHE STASON Chicago

2. Law Book Publishers

BANCROFT-WIDTNEY Co. San Francisco BURDETTE SMITH Co. Chicago BUREAU OF NATIONAL AFFAIRS, INC. Washington, D. C. JAMES c. FIFIELD COMPANY Minneapolis LAWYERS Co-OPERATIVE PuBLISIDNG Co. Rochester, N. Y. LITTLE, BROWN & Co. Boston MARTINDALE-HUBBELL, INC. Summit, N. J. MicmE & Co. Charlottesville, Va. PIIffi & FISCHER, INC. Washington, D. C. PRENTICE-HALL, INC. Englewood Cliffs, N. J. SHEPARD'S CITATIONS, !NC. Colorado Springs UNIVERSITY OF MICHIGAN LAW SCHOOL Ann Arbor, Mich. VERNON LAW BooK Co. Kansas City ·wEsT PUBLISHING Co. St. Paul

34 3. State Codes Through the NCCUSL A:l'...LEN SMITH Co. lndianapoli BAKER, VooRms & Co., INc. , ft. Kisco, N. Y. BANKS-BALDWIN LAW PUBLISHING Co. Cleveland BoBBS-MERRIT..L Co., INc. Indianapolis H.uuusoN Co. Atlanta

tis hoped that reading of thi Annual R port will gi the reader au and rstanding of the research pro­ gram, the Librar activiti and the general objectives of the American Ba1· Foundation. It is hop cl too that jt will add to the rnader's und rsta.n.dincr of legal re earch in general, some of its pos ibilities, some of its problem , and th various ways and methods for conducting JeaaJ research. Should anyone desire further information, the staff of the Foundation will be very happy to answer inqmries about the Fom1dati n' proctram. In con lusion it is, of course, most appropriat t thank, on behalf of the Board of D1rectors of the American Bar Foundation and members of the staff, all who have made this research program possible.

35 FINANCES Special Grants and General Income Received, 1959-1960 Fellows ...... $63,705;00 American Bar Association Endowment ...... 90,000.00 American Bar Association...... 25,000.00 Sundry...... 7,788.00 Group Life Insurance Benefits ...... 11,247.00 Fees for Microreproduction Program...... 509.00 The Ford Foundation...... 75,000.00 (Criminal Justice Project) Conbibutions from law finns, individuals and business corporations to the Model Business Corporation Acts Project ...... 7,500.00 National Aeronautics and Space Administration ...... 2,500.00 National Institute of Mental Health ...... 25,000.00

General Operational Expense, 1959-1960 Survey of the Administration of Criminal Justice (All expenditures made out of grants from the Ford Foundation) ...... $18,327.00 Annotation of the Model Business Corporation Act...... 46,587.00 American Statute Law...... 22.00 Automobile Accident Litigation...... 3,878.00 Citizenship Education ...... 8,515.25 Congestion in the Courts ...... 6,985.00 Law of Outer Space ...... 3,487.00 Lawyers in the United States ...... 3,975.55 Microreproduction Program ...... 1,339.00 Professional Development ...... 7,833.00 Reference Service ...... 6,114.00 Responsibility of the Legal Profession ...... 2,470.00 Rights of the Mentally Ill ...... 19,272.00 Unauthorized Practice of the Law ...... 2,682.00 Unification of International Private Law ...... 4,762.00 Cromwell Library ...... 48,191.00 General and Administration ...... 37,071.00 The Fellows ...... 9,518.00

36 AMERICAN BAR FOUNDATION

STAFF ADMINISTRATION E. BLYTHE STASON Administrator Jolli'\ C. LEARY Deputy Administrator/Librarian DONALD M . McINTYRE, JR. Assistant Administrator KATHLEEN PRUNTY Office Manager ESTHER BRENDEL Bookkeeper PATTY DAILY Secretary BARBARA EWING Secretarv RESEARCH .. Lors ADELMAN Research Assistant ROLAND ADICKES Research Assistant .KATHERINE v. ALEXA~ER Research Associate J. LANI BADER Research Assistant HARRY A. BALL Research Attorne~ ' MICHAEL M. BERNARD Research Attorney Emc BERGSTOJ\" Research Attorney ROGER BERNHARDT Research Assistant E. RUTH BRENDEL Secretary JAMES C. CoNJ\'ER Research Attorney DAVID J. DANELSKI Research Attorney GEORGE c. DARRAH Research Assistant ANTHONY S. EARL Research Assistant SYBILLE FRITSCHE Research Assistant JAMES J. GODFREY Research Attorney TERRY J. HATTER, JR. Research Assistant HARRY G. HENN Research Consultant JAMES E. HOLTON Research Associate HARRY J. HoLZ Research Attorney RICHARD M. JANOPAUL Research Attorney ROGER A. JOHNSEN Research Attorney EARL J. JOHNSON Research Assistant JULIUS KAPLAN Research Attorney KATHRYN L. KELLY Research Attorney EVAL'< J. KJELLENBERG Research Assistant 'WAYNE LAFAVE Research Attorney FRANK T. LINDMAN Research Attorney MONROE W. Mc.KAY Research Assistant BERTRAM METZGER, JR. Research Assistant FRANK w. MILLER Research Attorney JOHN MORRISON Research Assistant RICHARD NEWHOUSE Research Assistant DONALD A. NEWMAL'< Research Attorney MARGUERITE D. 0BERTO Research Attorney CARTER D. PEEBLES Research Associate RONALD A. RATTNER Research Attorney FRANK J. REMINGTON Project Director 37 WILLIAM A. RICHMOND Research Associate JAN SCHLESINGER Research Assistant RICHARD SENN Research Assistant SHERRY SMITH Secretary 1 ARTHUR M. SOLOMON Research Assistant JAMES F. SPOERRI Project Director HENRY J. STEENSTRA Research Assistant DONALD A. STRICKLAND Research Associate HELEN TAO Secretary BETTY ANN u LBRICHT Secretary ROBERT E. ULBRICHT Research Attorney

CROMWELL LIBRARY JOHN c. LEARY Deputy Administrator / Librarian RAMONDA Jo BARLOW Assistant Librarian NIJOLE CEPULKAUSKAS Catalog/Reference Librarian EDYTHE KESHNER Bibliographer FRED A. LOCKYEAR Student Assistant DONALD A. JANIS Student Assistant OLAV! MARU Technical Processes Librarian MARY ALICE MEGILL Secretary

SPECIAL COMMITTEES ON RESEARCH PROJECTS ADMINISTRATION OF CRIMINAL JUSTICE HAROLD A. SMITH Chairman, First National Bank Building, Chicago 3, Ill. ALBERT J. HARNO Vice-Chairman, Supreme Court Building, Springfield, Ill. WALTER P. ARMSTRONG, JR. Secretary, Commerce Title Building, Memphis 3, Tenn. RAY FORRESTER Tulane University, School of Law, New Orleans 18, La. THEODORE G. GARFIELD Statehouse, Des Moines, Iowa JoHN D. M. HAMILTON Fidelity-Philadelphia Trust Build­ ing, Philadelphia 9, Pa. BoRis KosTELANETZ 52 Wall Street, New York 5, N. Y. EDWARD H. LEVI University of Chicago Law School, Chicago 37, Ill. WHITNEY NORTH SEYMOUR 120 Broadway, New York 5, N. Y. ARTHUR H. SHERRY University of California School of Law, Berkeley 4, California JAMES v. BENNETT Special Adviser, U. S. Dept. of Justice, Bureau of Prisons, Wash­ ington 25, D. C. STATUTORY LAW OF THE STATES BARTON H . KUHNS Chairman, First National Bank Building, Omaha 2, Nebr. VINCENT P. BIUNNO 605 Broad Street, Newark 2, N. J. JAMES C. DEZENDORF Pacific Building, Portland 4, Ore. 38 ALBERT J. HARNO Supreme Court Building, Spring­ field, Ill. WILLIAM J. PIERCE University of Michigan Law School, Ann Arbor, Mich.

CORPORATE LAWS ANNOTATED GEORGE c. SEWARD Chairman, 25 Broad Street, New York 4, N. Y. LEONARD D. ADKINS 1.5 Broad Sb·eet, New York 4, N. Y. vVmTNEY CAMPBELL 134 South LaSalle Street, Chicago 3, Ill. PAUL CARRINGTOK Mercantile Bank Building, Dallas 1, Tex. RAY GARRETT 11 South LaSalle Street, Chicago 3, Ill.

FEDERAL TAX PROCEDURE DAvm vV. R1cHMoND Chairman, 1001 Connecticut Ave., Washington 6, D. C. BRADY 0. BRYSON Fidelity-Philadelphia Trust Build- ing, Philadelphia 9, Pa. LAURENCE F. CASEY 70 Pine Street, New York 5, N. Y. H . BRIAN HOLLAND 50 Federal Street, Boston 10, Mass. BENJAMIN KAPLAN Law School of Harvard University, Camb1idge 38, Mass. ROBERT J. McDONALD 48 Wall Street, New York 5, N. Y. WILLIAM A. McSwAIN 38 South Dearborn Street, Chicago 3, Ill. MAURICE ROSENBERG Columbia University, School of Law, New York 27, N. Y. R. CARLETON SHARRETTS, JR. Munsey Building, Baltimore 2, Md. STANLEY s. SURREY Law School of Harvard University, Cambridge 38, Mass.

PROCEDURES IN COMMITMENT AND DISCHARGE OF THE MENTALLY ILL STEPHEN s. CHAc'\'DLER Chairman, U. S. District Court, Oklahoma City 1, Okla. DAVID L. BAZELON U. S. Court of Appeals, Washington 1, D. C. FRANK P. FosGATE 32 South-State Capitol, Madison 2, Wis. OLIVER SCHROEDER, JR. The Law-Medicine Center, 2145 Adelbert Road, Cleveland 6, Ohio J. HowARD ZIEMANN Superior Court, Los Angeles 12, Cal.

SPECIAL COUNSEL HORACE DAWSON Copyright, Chicago H. CECIL KILPATRICK Tax, Washington, D. C. HAROLD L. REEVE Corporation, Chicago. 39

CATALOG OF PUBLICATIONS AMERICAN BAR FOUNDATION

February, 1961

LAWYERS IN THE UNITED STATES: DISTRIBUTION AND INCOME:

Part I: Distribution A publication in tabular form of the results of the 1949, 1952 and 19.5.5 statistical reports prepared by Martindale-Hubbell, Inc. for The Survey of the Legal Profession and the American Bar Foundation. (98p, $2.25, 1956)

Part II: Income A summary of data from selected government publications and bar association surveys dealing with the income of lawyers. (38p, $1.50, 1958)

1958 Distribution of Lawyers in the United States A publication in tabular form of the results of the 1958 statistical report prepared by Martindale-Hubbell, Inc., supplementing Part I: Distribution described above. (59p, $2.00, 19.59)

UNAUTHORIZED PRACTICE SOURCE BOOK A compilation of cases and commentary on unauth01ized practice of the law in detailed outline form, case lists, index. (124p, $2.00, 1958)

ADMINISTRATION OF CRIMINAL JUSTICE IN THE UNITED STATES: Plan for Survey Plan for a survey to be conducted under the auspices of the American Bar Foundation. Prepared by Arthur H. Sherry, Project Director, in collaboration "vith John A. Pettis, Assistant Project Director. ( 197p, $2.00, 195.5)

History and Status Report A discussion of the project to study criminal justice administration including the operation of field studies and the analysis of data collected. (Available upon request) . (23p, 1959)

COURT CALENDAR STUDIES A description of the progression of a civil case from the time of filing to time of trial in four metropolitan courts having large case loads. (39p, $1.50, 1960)

41 STATUTORY REQUIREMENTS FOR THE TEACHING OF UNITED STATES HISTORY AND THE PRINCIPLES OF THE UNITED STATES CONSTITUTION A survey of the specific statutes providing for instruction of these two subjects. (40p, $1.25, 1960)

AMERICAN BAR FOUNDATION ANNUAL REPORT 1954-1955 1955-1956 1956-1957 1957-1958 1958-1959 1959-1960 (Available upon request)

"LITTLE GREEN BOOK"

Graduate Degrees in Law and Current Legal Research Projects Lists by subject unpublished theses and dissertations accepted by accredited American law schools during the indicated academic year, and legal research projects in progress at the time of publication. No. 1 1954 $1.50 No. 2 (Supp. A) 1953-54 1954 $0.50 No. 3 (Supp. B) 1954-55 1955 $1.00 No. 4 (Supp. C) 1955-56 1957 $1.50 No. 5 1956-57 1958 $2.00 No. 6 1957-58 1959 $1.50 No. 7 1958-59 1960 $1.00

REPRINTS FOR LAWYERS No. I. LAW OFFICE MANAGEMENT, by Philip S. Habe1mann. (Reprinted from Wisconsin Bar Bulletin, June, 1956) ... $0.50 No. 2. PROFIT SHARING PLANS FOR SMALL CORPORATIONS, by John A. Cardon. (Reprinted from Ohio Bar, June 25, 1956) ...... $0.50 No. 3. YOUR LEGAL FACTS: INFORMATION FOR YOUR ATTORNEY, by Louis A. Brown. (Rep1inted from The Practical Lawyer, October, 1957 ...... $0.75 No. 4. JUSTICE FOR THE MENTALLY ILL, by Nicholas M. Kittrie. (Reprinted from the Journal of the American Judicature Society, August, 1957) ...... $0.25 No. 5. LIABILITY FROM THE USE OF SUBMITTED IDEAS, by George J. Kuehn!. (Reprinted from The Business Lawyer, November, 1957) ...... $0.50

42 :\o. 6. IMPLIED WARRANTIES OF QUALITY AND WHOLE­ SOMENESS IN THE SALE OF FOOD, by George J. Starke. (Reprinted from Neu; York Lau; ]ottrnal, April 8, 9, 10, 1957) ...... $0.501

WHAT THE MINISTER SHOULD KNOW ABOUT THE LAW AND MENTAL ILLNESS Article 'A'Titten by Nicholas Kittrie, formerlv associated with American Bar Foundation's Project on The Rights of the Mentally Ill. (Reprinted from Pastoral Psychology, January, 1958). Limited supply. (Available upon request) . ( 11 p, 1958) .

INDEXES

~o. 1. Administrative Law Bulletin of Administrative Law Section of the American Bar Association; an index and table of cases. Vols. 1-9; January, 1947-July, 1957. (56p, $0.25, 1957) '.\ o. 2. The Business Lawyer of the Section of Corporation, Banking and Business Law of the American Bar Association; an index to The Bus:ness Lawyer. Vols. 1-12; July, 1946-July, 1957. (27p, $0.25, 1957) ::\o. 3. Index of Legislative Resolves of the American Bar Association 1937-1956 in the Annual Reports. Vols. 62-81. (24p, $0.25, 1958) :\o. 4. American Bar Association, Section of Real Property, Probate, and Trust Law; index to publications of the Section, 1934-19.3.3. (2lp, $0.25, 1956)

CROMWELL LIBRARY STAFF MANUAL A guide to the policies and procedures of the Cromwell Library pre­ pared by and for the Library staff. (65p, $2.00, 1960)

CROMWELL LIBRARY READERS MANUAL A guide to the contents and the use of the Cromwell Library collections including a bibliography of periodicals. ( 40p, $1.00, 1960)

SERIAL PUBLICATIONS (Available upon request) Recent Acquisitions, qua1terly publication of the Cromwell Librarv.

Court Congestion Newsletter, monthl~, publication of the Project on Congestion in the Courts.

43 PUBLICATIONS AVAILABLE FROM OTHER DISTRIBUTORS Crime, Law and Social Science, by Jerome Michael and Mortimer J. Adler. (Xerox). ( 0. P. Item by University Microfilms). ( 53lp, $16.45, 1933) Available from: University Microfilms 333 North First Street Ann Arbor, Michigan Model Business Corporation Act Annotated. (3 vols. $37 ..50, 1960) Available from: West Publishing Company St. Paul 2, Minnesota Sources of Our Liberties, by Richard L. Pe1'1'y. ( 480p, $5.00, 1959) Available from: Associated College Presses New York University Press Washington Square S.outh New York 3, New York

RESEARCH MEMORANDUM SERIES (Available upon request) No. 1. Admission of Nonresident Attorneys Pro Hae Vice in State Courts and the District of Columbia. Project on Congestion in the Courts. ( 19p, 1958) No. 2. Prepaid Legal Expense Insurance. Project on Unauthorized Practice of the Law. (8p, 1958) No. 3. Memorandum on Legal Problems in the Exploration of Outer Space. (16p, 1959) No. 4. Opinions of the A.B.A. Committee on Professional Ethics Bear­ ing on an "Ann11al Legal Check-up" Plan. (1p, 1959) No. 5. Industrial Relations Consultants-Una11thorized Practice of Law Problems. Project on Unauthorized Practice of the Law. ( 4p, 1959) No. 6. Supplement to Appendix A of Canons of Professional and Ju­ dicial Ethics-Opinions of Committee on Professional Ethics and Grievances, 1952 to June 1958. (25p, 1959) No. 7. Supplement to Appendix A of Canons of Professional and Judicial Ethics-Opinions of Committee on Professional Ethics and Grievances, 1958-1959. ( lOp, 1959) No. 8. The Selection of Judicial Personnel-A Historical View. ( lOp, 1958) No. 9. Supplementary Memorandum on Prepaid Legal Expense lns11r­ ance. Project on Unauthorized Practice of the Law. (llp, 1960) No. 10. Contingent Fees in Claims and Actions for Personal In;ury and Wrongful Death (Rule 4). (5p, 1956)

44 No. 11. Economic Surveys of the Legal Profession: What Direction Should They Take? Prepared for the A.B.A. Special Committee on the Economics of Law Practice. ( 8p, 1958) : :'\o. 12. Minimum Fee Schedules and the Antitrust Laws: A Preliminary Analysis. Prepared for the A.B.A. Special Committee on the Economics of Law Practice. ( 12p, 1958) Xo. 13. The Rate of Increase in the Number of Lawyers and Population Growth. (7p, 19.58) No. 14. A. List of Books for Foreign Lawyers. B. List of Books for Foreign Law Libraries. (17p, 1959)

No. 15. Compilation of Published Statistics on La~ School Enrollments and Admissions to the Bar 1889-1957 (Preliminary Draft). ( 4p, 1958)

~o. 16. A List of Foreign Bar Associations. (lOp, 1960) No. 17. Bibliography of Periodicals in the Cromu;ell Library. (23p, 1959)

~ o. 18. Lawyer Migrations. ( 4p, 1960) '.\lo. 19. Recent Statistics on the Income of Lawyers in the United States. (lOp, 1960) !'\o. 20. A Smnma:ry of the Royal Commission Report on Doctors and Dentists' Remuneration ( 1957-1960) . ( 5p, 1960) No. 21. The Lawyer as Legislator. (6p, 1960) No. 22. Specialization in the Practice of Law-Canons of Professional Ethics and Opinions of the Committee on Professional Ethics and Grievances. (23p, 1960)

~o. 23. A Directory of the Foundations of the Legal Profession. (19p, 1961) Xo. 24. Delays in the Execution of Death Sentences. (19p, 1960)

MICROREPRODUCTION SERIES No. 1. ILLINOIS STATE BAR ASSOCIATION QUARTERLY BULLETIN. Vols. 1-20, 1912-1932. 16 microcards ... set $4.00 No. 2. CHICAGO BAR RECORD. Vols. 1-9, 1910-1926. 17 micro- cards ...... set $4.00 No. 3. OKLAHOMA STATE BAR JOURNAL. Vols. 1-10, 1930-1939. 3 reels microfilm ...... set $20.00 No. 4. BENCH AND BAR OF MINNESOTA. 8 preliminary numbers, 1928-1930. Vols. 1-8, 1931-1940.l reel microfilm .... set $2.00 .... No. •J, BENCH AND BAR OF MINNESOTA. Vols. 1-6, 1943-1949 . 2 reels microfilm ...... set $15.00

~o. 6. "HOOVER COMMISSION" TASK FORCE REPORT ON LEGAL SERVICES AND PROCEDURE. PART VI, APPEN-

45 DICES AND CHARTS. February, 1955. 24 microcards or 1 reel microfilm ...... set $3.00 No. 7. THE ALABAMA LA WYER. Vols. 1-11, 1940-1950. 3 reels mkrofilm ...... set $30.00 No. 8. LOS ANGELES BAR BULLETIN. Vols. 1-26, 1925-1950. 5 reels microfilm ...... set $75.00 (Payment for this set may be made by installments. Please let us know about the schedule most suitable for your library.)

Order all publications (with the exception of the three available onl~· from other distributors) from: Cromwell Library American Bar Foundation 1155 East 60th Street Chicago 37, Illinois. Please make checks payable to the American Bar Foundation.

46