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1952–1968: Joseph O'Meara Law School Deans

8-15-1962 Report of the Dean 1961–1962 Joseph O'Meara Notre Dame Law School

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Recommended Citation Joseph O'Meara, Report of the Dean 1961–1962, ([Notre Dame, Ind.]: Notre Dame Law School, 1962).

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I. “ . . . tan’s 3Lcport 1961=62 . ‘ What do you want from life? As in earlier reports, I begin with some “Another way of asking this question is : What are your values? observations about our students — past, present and These values represent what you really intend to live and work for, prospective. or if needs be, to suffer and die for. These values define the kind of person you wish to be, the kind of life you intend to live, the best hoped-for meaning of your life in the days ahead. I would suggest THE STUDENT in BODY some enduring values that have made human existence worthwhile ENROLLMENT every age and that could make your life most meaningful in our times. Happily, “First of all, commitment to truth in all its forms : the joy of ever the expected drop in the number of beginning students seeking truth, the peace of finding truth everywhere, the courage of (forecast in my last Annual Report, p. 2) did not materialize. Ac- living truth always. Open-mindedness is the prelude to this commit- tually, the class entering last September numbered 64 as against t* ment, intellectual honesty is its truest spirit, and purity of life is 63 in September of 1960. As anticipated, however, there was a de to what it essential to both possession of the truth and commitment dine in total enrollment — from 169 to 154, that is, 8.9%. of us. . dl demands 1w Total enrollment last September was the smallest since 1957, “Commitment to what is good and excellent. I mean here no : when it . numbered 150. Last might year’s student body included students narrowly selfish good, but that every good and noble inspiration from 29 states. 31 of personification. % the students were married; slightly over 20% find in you a champion and a defender, and indeed a were veterans. yes, but also the realiza Colleges and universities represented in the student • integrity, • own moral i; What is good for your body totaled 59. tion that you will often find yourself and your good in spending your- your talent for the good of others who need you. To avoid Applications for admission in September are running , , self and slightly J. . to stand ahead of I’, : • the taint of intellectual and moral mediocrity, to be willing last year. This should result in a somewhat larger entering : for something, even something unpopular, if it is good; to be willing class. Total enrollment may decline slightly, however, due to a smaller- to be a minority of one if need be. This is part of the commitment. than-usual graduating class. where principle is involved, a moral cipher, But not to be a neutral In 1953 (my first full year as Dean) compromiser who easily takes on the protective cobra- 18% of our students had a pragmatic done their undergraduate work at of whatever moral environment happens to be at hand. This also colleges or universities other than don Notre Dame. In 1961 is ruled out by the commitment. Is it too much to expect of you? the figure had risen to 51.6%. This is a de Anything less is all too little. vebopment we welcome, for it indicates that the Notre Dame Law School is exerting a “A passion for justice in our times. Again, not merely justice for progressively wider appeal. yourself, or your family, or your profession, but especially a passion We are convinced that a small law school can offer very great for justice as regards those who have few friends and fewer champions. advantages. Accordingly, the gradual increase in enrollment, which in our There are great and festering injustices in our country and we anticipate, will be limited to a maximum of 300. According close your eyes to world. You can side step them if you wish, you can our hypothesis, the optimum enrollment is about 250. say it is none of your business. Then remember that freedom and and The number of applications for admission equality of opportunity in our times are quite indivisible. If one class, has been growing steadily. In 1954, there or nation, or race of men is not really free, then the freedom of all were, in all, 126 applications. Last year that number men is endangered. Injustice breeds more injustice, disorder begets had increased to 274. Yet first-year enrollment was almost exactly the . same : in , . more disorder. You do not need a suit of armor, or a white horse, 1954, 126 applications produced 63 first-year or a sword, but just a sensitivity to justice wherever it is endangered, students, whereas in 1961, 274 applications produced only 64. The a quiet passion to be concerned for justice in our times, a compassion chief reasons for this are ( 1 ) the sharp increase in the cost of at- for all men who suffer injustice, or the fruits of injustice.” tending the Notre Dame Law School and (2) our own greater selec tivity. In 1950-51 tuition was $530 a year; now Father Hesburgh’s commencement address at the it is $1000. And From other expenses have risen at least Massachusetts Institute of Technology, June 8, 1962. proportionately. This exerts heavy 2 Dean’s Report 1961-62 Notre Dame Law School 3

pressure on the prospective student, who can attend the law school RECRUITMENT for a small fraction of the cost of studying of his own state university A letter from Mr. John G. Hervey, Advisor to the American Bar : law at Notre Dame. Association’s Section of Legal Education and Admissions to the Bar, 1. 1954 our entrance requirements have been raised Moreover, since contains these solemn words: progressively. This has resulted in the rejection of a constantly in- creasing number and percentage of the applications received. The “We are convinced that the preservation of our form of gov requirements presently in use were described in my last Annual Re- ernment and the institutions which characterize Western society may port (p. 3) as follows: well depend on the continued development of a strong legal profession and that the profession is obligated to make available “To be eligible for admission, an applicant must make a score men of first rank in character, integrity, and competence.” of 500 or better on the Law School Admission Test and be in the will accept an applicant whose top half of his college class. We There is much to be said for that view. Accordingly, we have Admission Test score is between 400 and 500 but Law School felt it incumbent upon us to extend and intensify our recruitment only if he was in the top quarter of his college class. An applicant eligible unless he was in program. To that end, as reported last year (p. 3) alumni recruiting . whose Test Score is below 400 is not ( committees have been set up the top 10% of his college class. Similarly, applicants who were in a number of cities. The function of not in the top half of their college class will be accepted but only these committees is to interview first-rate prospective law students if they score 600 or better on the Law School Admission Test.” and talk to them about the practice of law and the advantages of the Notre Dame Law School. Committee members who until our experience indicates have done These criteria will continue in effect excellent work include : that a change is in order. Raymond Broderick, ‘35, Philadelphia ‘ J. !i. MORTALITY Valentine B. Deale, ‘39, , D.C. :‘ Peter F. Flaherty, ‘51L, Pittsburgh The percentage of first-year students dismissed for scholastic de Burton M. Greenburg, ‘58L, St. Louis ficiency in the eight-year period beginning with September, 1953 Robert P. Gorman, ‘57L, Newark and ending with June, 1961, fluctuated between 15.9% in 1954-55 •b Daniel W. Hammer, ‘59L, Cleveland and 29.7% in 1957-58. Last year (1961-62) it was down to 14.1%, Honorable William B. Lawless, ‘44L, Buffalo which reflects the greater selectivity referred to above. Ronald P. Mealey, ‘56L, New York City The percentage of students dismissed for scholastic deficiency in . George P. Michaely, ‘56L, Washington, D.C. j each of the last three academic years is shown in the following table. 1r John L. Rosshirt, ‘56L, Chicago 1st year 2nd year 3rd year Paul F. Titus, ‘60L, Pittsburgh George N. Tompkins, ‘56L, 1959-60 25.6 8.3 0.0 New York City Eugene F. Waye, ‘58L, 1960-61 22.2 6.0 0.0 Philadelphia 1961-62 14.1 7.3 2.0 Recruiting trips by members of the Faculty were made to 22 • 1 voluntary as well as involuntary colleges and universities. These trips were made by : Asst. Dean Total first-year attrition, including Broderick, Professors Thomas F. Broden, withdrawals, fell to an eight-year low of 20.3% from a high of 54% Conrad L. Kellenberg, Ed- ward Murphy, Robert E. Rodes and Bernard in 1957-58. This, too, we believe, was due to the higher standards of J. J. Ward. In addition, every Catholic college and university and every admission. Withdrawals, particularly involuntary withdrawals, repre active Newman Club and material. We, there- chaplain was reached by mail at least three times. sent a great waste of resources, both human fore, welcome the decline in the attrition rate. But I doubt that it A number of alumni and friends of the School, to whom grateful can be reduced much more without lowering our standards, which we acknowledgement is due, were extremely helpful in this work, especial- are determined not to do. ly, the following: Messrs. Hugh E. Wall, ‘36L, Edward J. Duffy, ‘51L, I

4 Dean’s Report 196162 Notre Dame Law School 5

Robert P. Gorman, ‘57L, George N. Tompkins, ‘56L, F. James Kane, This tremendous achievement was made possible by the devoted ‘60L, Patrick J. Berrigan, ‘57L, Robert D. McAuliffe, ‘49L, Howard efforts of many people. Most of all, however, it was due to the in- V. Burke, ‘53L, and Matthew T. Hogan, ‘60L. spired and untiring labors of Justice William B. Lawless, ‘44L, of Buffalo, President of the Notre Dame Law Association during 1961- SCHOLARSHIPS 62. Others who did outstanding work include: The following are typical of statements contained in letters from Baer, ‘36L, South Bend many prospective law students — able students who want to study law Frederick K. at Notre Dame but, obviously, cannot afford it. Patrick J. Berrigan, ‘57L, Niagara Falls, N. Y. Captain William H. Carnahan, ‘49L, Truax Field, Wis. “Last year my father suddenly passed away, leaving my mother Louis DiGiovanni, ‘50L, Cambridge, Mass. with seven children, of whom I am the oldest. With all of my William P. Dixon, Denver brothers and sisters now in school, it would be unfair and in B. Dreux, ‘33, New Orleans possible to receive any more financial help from my family.” William James F. Dwyer, ‘26, New York City “I am the oldest in a family of six. One of my sisters is a Francis X. Fallon, ‘33, Grand Rapids, Mich. junior in nursing school and the other plans to enter college after John J. Fallon, ‘48, City, Mo. her graduation from high school a year from this June. Both of Timothy E. Kelley, ‘48, Dallas them are wholly dependent on my parents for financial support. Paul H. McCabe, ‘47, Elmira, N. Y. My eight-year-old brother has all his schooling before him and John A. McGrath, ‘48, Washington, D. C. therefore my parents feel that they should lay aside as much ‘29L, Bridgeport, Conn. money as possible for him.” Joseph P. McNamara, Maurice J. Moriarty, ‘5 1L, Chicago “I cannot expect any help from my parents because my father Honorable John C. Mowbray, ‘49L, Las Vegas has been totally disabled for the past five years and has not been John H. Neeson, Jr., ‘35, Philadelphia able to work. Although I have had summer employment for the William F. Spalding, ‘41, Los Angeles past few years, those earnings have been exhausted by tuition and Martin F. Torborg, ‘34L, Fort Wayne other expenses incurred at College. During those summers I was Captain Carnahan, in particular, went all out, notwithstanding employed as a truck driver, salesman and food processor.” his recall to military service.

Unless we can help these men financially, they will go elsewhere Membership in the 500 Club of the Notre Dame Law School — they will go reluctantly but they will go. In that event Notre increased substantially. This Club resulted from a suggestion — more Dame would become a rich man’s law school. Who would want exactly, from an inspiration — of Mr. Albert H. Monacelli, ‘34, a that to happen? former President of the Notre Dame Law Association. Members In 1959, 55 applicants sought scholarship assistance. That number agree to contribute not less than $100 annually to the Law Scholar- has risen to 1 13 this year, an increase of over 100%. ship Fund. As the name suggests, the Club’s goal is 500 members In this connection Mr. T. E. Leavey, President of the Farmers each pledged to contribute at least $100 annually. This would assure Insurance Group of Los Angeles, made an important point. In a letter us the minimum we must have for scholarship purposes each year. transmitting a generous contribution to the Law Scholarship Fund, The following either joined or renewed their membership in 196 1- Mr. Leavey called attention to the fact that “one of the signfficant 62, many giving much more than the minimum amount: American traditions is educational opportunity for young people with outstanding talent but with limited finances.” Edward F. Aylward, ‘48 Bernard D. Broeker, ‘30 So it is most gratifying to record the success of the 1961-62 John Bodle, ‘50L William E. Brown, ‘28 scholarship campaign. The amount raised (from July 1, 1961 to Honorable Hugh C. Boyle, ‘24 Edmund J. Burke, ‘51L June 30, 1962) increased from $48,869.47 in 1960-61 to the record- Roger P. Brennan, ‘33 J. Vincent Burke, Jr., ‘33 breaking total of $67,037.56. Roger W. Breslin, ‘28 Arthur J. Callaghan, ‘53L 6 Dean’s Report 196162 Notre Dame Law School I

Arthur F. Carey, ‘35 Earl F. Gruber, ‘05L Honorable Frank S. McCul John W. Schindler, ‘43 Thomas G. Carney, ‘27 Joseph F. Gunster, ‘15 lough Cletus P. Schneider, ‘29 Mr. and Mrs. Joseph Carver Thomas G. Gutting Thomas F. McDonald Raymond J. Schoonhoven, ‘43 Sr., ‘ 1 7L Frank D. Hamilton, ‘30 Dan McGlynn, ‘18L James A. Smith, ‘48L John E. Cassidy, James Albert D. Castellini, ‘24L Thomas R. Hardart, ‘38 G. McGoldrick, ‘42L Wm. Lancaster Smith, ‘50L Patrick J. Clancy Edmund J. Haugh Honorable John S. McKier Alphonse J. Spahn, ‘48L James J. Clynes, Jr., ‘45 Paul F. Heilmuth, ‘40 nan, ‘34 William F. Spalding, ‘41 Cochrane, ‘23L John T. Higgins, ‘22 : Leo V. McLaughlin, ‘32 Cyprian A. Sporl, Jr., ‘28L John C. Joseph John T. Connolly, ‘51L Michael L. Hines, ‘48L P. McNamara, ‘29L Edmund A. Stephan, ‘33 John P. Coyne, ‘55L Frank N. Hoffmann, ‘33L Nicholas J. Meagher, ‘39L W. Albert Stewart, Jr., ‘36L N. Patrick Crooks William T. Huston, ‘51L William A. Meehan, ‘48L Daniel J. Sullivan, ‘40 Patrick F. Crowley, ‘33 John F. Hynes, ‘15L John F. Mendoza, ‘51L John P. Sullivan, ‘24 Frank X. Cull, ‘08 James J. Jennings, Jr., ‘51 Albert H. Monacelli, ‘34 John P. Sullivan, ‘39 William J. Cusack, ‘14L H. Clay Johnson, ‘34L Maurice J. Moriarty, ‘51L Honorable Luther M. Swygert, Valentine B. Deale, ‘39 Honorable William B. Jones, George B. Morris, Jr., ‘40L ‘27L Joseph F. Deeb, ‘33L ‘31L Honorable John C. Mowbray, Martin P. Torborg, ‘34L Louis F. DiGiovanni, ‘50L Joseph B. Joyce, ‘56L ‘49L Manfred Triebel, ‘44 Joseph F. Dillon, ‘49L Lawrence A. Kane, Jr., ‘57L Thomas P. Mulligan, ‘38 Raymond W. Troy, ‘34 Clarence J. Donovan, ‘31L Honorable Harry F. Kelly, ; Joseph W. Mullin G. W. Vander Vennet, ‘32L Oscar John Dorwin, ‘17 , 17L George J. Murphy, ‘51L G. W. Vander Vennet, Jr., James C. Downey, ‘43 Honorable Raymond J. Kelly John P. Murphy, ‘12L ‘62L William B. Dreux, ‘33 Honorable Roger J. Kiley, David A. Nyc Bernard J. Voll, ‘17 Thomas B. Dunn, ‘27 ‘23L Robert M. Ortale, ‘39 William E. Voor, ‘25L James F. Dwyer, ‘26 F. Richard Kramer, ‘SlL Donald J. Prebenda, ‘54L Hugh E. Wall, Jr., ‘36L James E. Fagan, ‘34 Mr. and Mrs. Ewald E. John J. Reidy, Sr., ‘27L Bernard J. Ward Honorable Charles Fahy Kundtz Peter J. Repetti, ‘39 A. Harold Weber, ‘22 Francis X. Fallon, ‘33 John F. Lambert, ‘52 Elton E. Richter, ‘26L Henry C. Wurzer, ‘25 William G. Ferstel, ‘00 Emmett G. Lenihan, ‘lSL Martin J. Rock, ‘48L Chester A. Wynne, ‘22L James T. Finlen F. Wendell Lensing, ‘30 Charles W. Roemer, ‘58L Patrick Fisher, ‘37L Locher, Jr., J. John J. ‘36L Special thanks are due also to the following benefactors (other William T. Fitzgerald, ‘23 S. E. Locher, ‘33 than 500 Club members) : Thomas W. Flynn, ‘35 William W. Macmillan, Jr., Frank J. Galvin, ‘23L ‘53L The J. Frederick Brown Foundation, Boston Farmers Timothy P. Galvin, ‘16 Edward B. Madden, ‘31 Insurance Group, Los Angeles W. Gerald Moore Educational Foundation, Lee 3. Gary Joseph E. Madden, ‘27 Boston Anthony G. Girolami, ‘50L E. E. D. Shaffer Foundation, Chicago Edward A. Mahoney, Jr., ‘41 George H. Gore, ‘48L Siragusa Foundation, Chicago Robert F. Graham, ‘28 William P. Mahoney, Jr., ‘40L South Bend Tribune, South Bend Honorable Robert A. Grant, Charles P. Maloney, ‘16 ‘30L Clarence Manion, ‘22L OTHER FINANCIAL AID Camille F. Gravel, Jr., ‘35 Frank G. Matavosky, ‘35L Timothy M. Green, ‘47L Eugene A. Mayl, ‘24L As I have said before, though scholarships are indispensable they cannot solve all of Burton M. Greenburg, ‘58L C. Roy McCanna the financial problems of our students. In many I Dame Law School 9 8 Dean’s Report 1961432 i; Notre Notre Dame in April. Conference members include all of the better cases the best way to help students is to make it possible for them reviews of the country. Fifty law schools were represented at to solve their own financial problems. Accordingly, a student4oan law meeting. The principal speaker at the annual banquet was Mr. program was set up in 1958 with the cooperation of the Continental the Marshall, Assistant United States Attorney General in charge Illinois National Bank and Trust Company of Chicago, under which Burke the Civil Rights Division. deserving second- and third-year students can borrow up to $500 of Lawyer has made, a semester. These loans, which are made by the Continental, are se Our students are proud of the progress the To that cured by a deposit made by the Notre Dame Law Association. So and its editors are determined to improve it still further. of four, be- far as I know, in 1958 this was a new approach to the problem. end it is planned to publish five times a year instead Since then it has become the basis of a growing number of educa ginning with the next volume. tional-loan programs. Thus United Student Aid Funds recently wrote The following held editorial positions for 1961-62: me that it would “soon announce a plan for law students in Massa Editor, George P. McAndrews, Clinton, Iowa chusetts with a reserve fund established by the Massachusetts Bar Associate Editor, Joseph P. Summers, St. Paul Association.” Articles Editor, George A. Pelletier, Jr., Midland, Texas grateful to the Continental Illinois National Bank and We are Note Editor, Michael E. Phenner, Menasha, Wisconsin for the courage and foresight which enabled us to Trust Company Legislation Editor, Raymond W. Brown, Jersey City pioneer in this matter. Managing Editor, James K. Stucko, Chicago Last year the deposit with the Continental was increased by generous contributions of the Ford Motor Company and Mr. Earl F. Gruber, ‘OSL, of Frankfort, . The deposit is now sufficient MOOT COURT to support loans totaling $80,692.20. Mr. Justice Douglas presided over the Court hearing the final than scholarships and loans. But something more is needed argument in our Annual Moot Court Competition last October. Thus are not enough. The wives of Though they are indispensable, they for the sixth consecutive year a member of the Supreme Court of of skills, which would go a married law students possess a variety the United States presided at the final argument. Next fall the Su if arrangements long way toward solving their financial problems preme Court will be represented by Mr. Justice White. could be made for the proper care of their children during working Sitting with Mr. Justice Douglas were Judge William H. Hastie hours. In short, there is urgent need for a day nursery on or near of the United States Court of Appeals for the Third Circuit and The University Administration has accepted this proposal the campus. Judge J. Skelly Wright of the United States Court of Appeals for principle, and I am hopeful a way soon will be found to over- in the District of Columbia. At the time of the argument Judge Wright certain practical difficulties. come was a United States District Judge in New Orleans. The students who partipated in the argument before this dis STUDENT ACTIVITIES tinguished tribunal were Mr. Joseph P. Aibright of Parkersburg, West Virginia; Mr. Michael M. Kelly of Victoria, Texas; Mr. Louis N. DAME LAWYER NOTRE Roberts of Evansville, Indiana; and Mr. Norman H. Stark of Erie, At the December meeting of the Association of American Law Pennsylvania. me whether mem Schools Dean Snodgrass of UCLA (Hastings) asked Mr. Albright was the winner and Mr. Roberts the runner-up. the Notre Dame bers of our Faculty devote a great deal of time to They received the A. Harold Weber Awards of $150 and $100, There- Lawyer. I replied that the Lawyer is completely student-edited. respectively. upon Dean Snodgrass remarked: “They do an incredibly good job After the argument Mr. Justice Douglas wrote me as follows: and I wish you would tell them so for me.” Somewhat later Dean Gris “I enjoyed the moot court very much indeed and congratulate you wold of the Harvard Law School wrote me that the Notre Dame on its excellence.” Lawyer was “surely doing a remarkable job.” Messrs. Aibright and Roberts represented us in the Regional Moot The Eighth National Conference of Law Reviews was held at 10 Dean’s Report 196l62 Notre Dame Law School 11 Court Competition in Chicago; and were one of two teams repre. I PUBLIC DEFENDERS PROGRAM senting the Region (Indiana, Illinois and Wisconsin) in the fjj This program, inaugurated in 1960-61, was described as follows round of the National Moot Court Competition in New York. There my last Annual Report (p. 10): they defeated the team representing the University of Tulsa and lost in to the team representing the University of Tennessee. “On the initiative of a group of second-year students, a modest program was set up under which a small number of interested Officers of the Moot Court for 1961-62 were: students worked closely with the two South Bend public de fenders, namely, Messrs. Alexis T. Cholis, ‘42L, and Edward V. Director, Kevin M. Lyons, New York City Minczeski, ‘41L. The students interviewed the accused, checked Sturgis, Michigan Assistant Director, James A. Goethals, points of law and fact and, in those cases in which a plea of Assistant Director, Peter 0. Kelly, Oak Park, Illinois guilty was entered, investigated the background of the accused and prepared a memorandum for use at the time of sentencing.”

STUDENT LAW ASSOCIATION The students who participated in this activity, a small group of volun teers, felt that their work was fruitful and found it satisfying; and The officers for 1961-62 were: the program will be continued. President, Louis N. Roberts, Evansville, Indiana Vice President, James E. Gould, Chicago Treasurer, James K. Stucko, Chicago PRIZE WINNERS Secretary, Joseph R. Sullivan, Ridgley Park, Pennsylvania Mr. Joseph P. Summers of St. Paul, top man in the graduating Third-year Representative, George W. .Vander Vennet, Davenport, class, was the recipient of the Hoynes Award of $100. Iowa The Farabaugh Prize of $25 and the Lawyers Title Award of Lekin, Des Moines, Iowa Second-year Representative, James F. $100 went to Mr. George P. McAndrews of Clinton, Iowa, Editor Representative, Ernest S. Zavodynik, Cleveland First-year of the Notre Dame Lawyer. Mr. George A. Pelletier, Jr., of Midland, Texas, was the recipient They functioned responsibly and effectively in what, at times, were Law Award. trying circumstances. Mr. Roberts, especially, is to be commended of the Week for a fine performance. The A. Harold Weber Awards for the best senior research papers went to Mr. Foster L. Haunz of Louisville, Kentucky ($150) and

Mr. Robert M. Brady of Celina, Ohio ($100) . As noted elsewhere in GRAY’S INN this Report (p. 9) the A. Harold Weber Moot Court Awards were won by Mr. Joseph P. Aibright of Parkersburg, West Virginia ($150) This, the newest of the student organizations, invites qualified and Mr. Louis N. Roberts of Evansville, Indiana ($100). persons to discuss current social, economic and cultural topics which bear on law. The speakers are then expected to answer questions, which at times are very searching indeed. Subjects discussed last year PLACEMENT at the Inn’s informal, offcampus meetings ranged from public hous ing to organized crime. Our Director of Placement, Professor Murphy, continued to ex pand and improve our placement program. Virtually all members of The officers for 1961-62 were: the class of 1962 who actively sought employment (except, of course, Treasurer, Paul K. Rooney, New York City those who were shortly to enter the armed services) had received Vice Treasurer, Ralph H. Witt, Atlanta firm offers before Commencement. Keeper of the Black Book, Joseph P. Summers, St. Paul Pertinent in this connection is the following letter from one of Master of Revels, Stanley B. Nelson, Philadelphia the partners of a prominent, big-city law firm. 12 Dean’s Report 196162 I Notre Dame Law School 13

“We had the opportunity to meet with a number of your cedure for our Practice Court. An appendix contains an excellent graduating seniors this year. This year we also visited and quite bliography of materials on the work of the trial lawyer. extensively recruited at Midwestern and Eastern Law Schools, Dean Broderick spoke before the Niles City Club and and was the Notre Dame Assistant it the consensus of our office that Law addresses in Sturgis, Michigan, one before the Bar School graduates were among the very best prospects delivered two which Club. our office met in the entire course of this year’s interviews.” Associat1on and the other before the Rotary Professor Thomas F. Broden, Jr., was appointed by the Mayor Three members of the class received judicial clerkships : Mr. chairman of the South Bend Fair Employment Practices Corn- William E. Kelly of Chicago will be working for United States to be Dis Previously he was elected President of the South Bend trict Judge Robert A. Grant in the Northern District of Indiana; mission. Ijeanery of the Catholic Interracial Council. and Messrs. George P. McAndrews of Clinton, Iowa, and Michael E. Phenner of Menasha, Wisconsin, will serve as clerks for Judges Mr. John A. Buczkowski of the South Bend Bar, who taught Luther M. Swygert and Roger J. Kiley, respectively, in the United Torts while Professor Wagner was on leave of absence in 1959-60, States Court of Appeals for the Seventh Circuit. will continue to give that course. Mr. Buczkowski was awarded an York University School LL.B.of here in 1948 and an LL.M by New Law in 1949. , I BAR EXAMINATION RESULTS Professor Conrad L. Kellenberg was promoted to the rank of associate professor. I Of those members of the Class of 1961 who have taken the bar examination in the State of intended practice, 40 passed on the first Professor Stephen Kertesz of the University’s Department of try, i.e., 81.6%. This is a decline from approximately 89% in each Political Science was appointed to the Faculty to teach the course of the two years immediately preceding. We are not proud of this on International Organizations and Problems. Professor Kertesz, who showing. In some part it was caused by failure to prepare for the holds a law degree from the University of Budapest, is a former Ii II bar examination by reviewing the work of all three years of law Hungarian diplomat and has written extensively in the field of in- I I ternational relations. He will add strength and experience to our study — an inexcusable blunder. 11 I Faculty and it is a pleasure to welcome him. III addressed a meeting of the Tn I Professor Edward J. Murphy iI PROGRAM OF INSTRUCTION State Business Law Association at Western Michigan University. His topic was “The Uniform Commercial Code and Trends in Con- The Faculty approved recommendations of the Curriculum Corn- tract Law.” He has accepted an invitation to participate in a seminar mittee that ( 1 ) consideration of any antitrust problems be trans for Contracts teachers at New York University School of Law this ferred to the course on Government Regulation of Business ; ( 2) that summer. an extra semester-hour be added to that course ; and (3 ) that it Professor John T. Noonan, Jr. lectured at Barnard College, The be taught in the fifth semester after the Administrative Law and University of Chicago, New York University School of Law and Labor Law courses, which are given in the third and fourth semesters. Newton College of the Sacred Heart, Boston. He also addressed To make possible these improvements, the time devoted to Business the American Society for Legal History in Washington. Organizations was reduced from four semester-hours to three and ; At the request of Senator Ervin, Chairman of the Subcommittee the course on International Organizations and Problems was moved on Constitutional Rights of the Judiciary Committee of the United from the fifth to the third semester. States Senate, Professor Peters sent the Subcommittee a memorandum on the constitutionality of Federal legislation fixing the qualifications of voters in State elections. His memorandum, upholding the validity THE FACULTY of such legislation, is reproduced as a part of the published Hearings Professor Edward F. Barrett completed a revision of our Practice Before the Subcommittee. Court Manual. This is a complete set of rules of pleading and pro- Professor Elton E. Richter, who will be remembered with af 14 Dean’s Report 196162 I Not,’e Dame Law School 15

fection by his many former students, died of a heart attack in June. SPECIAL EVENTS He had retired in 1958 after 31 years of teaching in the Notre Dame FCC SYMPOSIUM passing. Law School. We mourn his A Symposium on practice before the Federal Communications Professor Robert E. Rodes, Jr. delivered three public lectures Commission was presented in October for the benefit of interested under the auspices of The Law School and the University’s Maritaii students. The panel was composed of Commissioner Robert E. Lee, a Center. The lectures dealt with the historical development of the member of the FCC, two Washington practitioners specializing in relationship between Church and State in Great Britain, a subject Communications Law, namely, Mr. William J. Dempsey and Mr. which he studied intensively at Oxford University during 1960-61. Jeremiah Courtney, and Mr. Victor G. Reis of the legal staff of This project was made possible, as I noted in my last Annual Report, Bethlehem Steel Company. by the award to him of a Ford Foundation Law Faculty Fellowship. Last March Professor Rodes delivered the first of ten lectures at Indiana University (South Bend Center) on “Modern Trends in ! LAW HONORS BANQUET Religious Thought.” President of the American Bar Association, Mr. John C. Professor William D. Rollison conducted an Estate Planning Sym The Satterfield of Yazoo City, , was the featured speaker at the posium at the Valparaiso University School of Law. Law Honors Banquet on May 7. This annual affair affords an oppor Jl [ Professor Bernard J. Ward was promoted to the rank of full tunity to salute the members of the student body who have distin professor. Chief Justice Warren appointed him to be the Reporter guished themselves in one way or another. In addition, as in each of the Advisory Committee on Appellate Rules of the Judicial Con- of the last several years, it was the occasion for a joint observance of ference of the United States. The Committee has been directed to LAW DAY USA by the Notre Dame Law School and the St. Joseph make a comprehensive study of appellate rules and procedures County Bar Association. Mr. Satterfield’s predecessor as President of with a view to formulating improved and uniform appellate rules the American Bar Association, Mr. Whitney North Seymour of New for all of the United States Courts of Appeal. York City, addressed last year’s Law Honors Banquet; and his suc in order to accept an invitation cessor, Mr. Sylvester C. Smith, Jr. of Newark, New Jersey, will be the Professor W. J. Wagner resigned BlI’ 1 to join the Faculty of Indiana University School of Law at Blooming- featured speaker in 1963. Mr. Smith’s visit will mark the sixth consecu ton, where he will set up a comprehensive program in comparative tive year in which the Law Honors Banquet has been addressed by law—his field of special interest. He takes with him our warm best the President of the American Bar Association. wishes for a happy and fruitful career at Indiana. In my introduction of Mr. Satterfield I pointed out what seem to me to be the most serious aspects of the Cold War: Professor Harris L. Wofford, Jr., who is on leave of absence, resigned as Special Assistant to the President in May and was ap “At the conclusion o a two-day conference on ‘How Free Men pointed Special Representative for the Peace Corps in Africa. He Can Prevail,’1 Columnist Edgar Ansel Mowrer declared: will make his headquarters in Addis Ababa and will be in immediate ‘I came here thinking that free men could prevail, and I go charge of the Ethiopian Program, which involves 300 secondary- back certain that they can. Unhappily, I am not sure that they school teachers. In addition, he will have over-all supervision of all will.’ Peace Corps projects in Africa. Before I finish I will have a brief comment on Mr. Mowrer’s grim The President appointed me a member of the newly created uncertainty. Advisory Committee on Equal Opportunity in the Armed Services, “The overriding necessity of holding on to sanity precludes and I was reappointed a Consultant to the Ford Foundation, to serve belief, perhaps, in a coming nuclear catastrophe. We have to go as a member of the Law Faculty Fellowship Screening Committee. 1 New York City, October 6 and 7, 1961. at Sponsored by Freedom House, In May I attended the National Law and Electronics Conference The quotation from Mr. Mowrer appears at page 35 of the booklet containing UCLA. This three-day conference explored in depth the possible use the remarks of the participants, which is obtainable from Freedom House, 20 of electronic data retrieving mechanisms in legal research. West 40th St., New York 18, N. Y. 16 Dean’s Report 196162 Notre Dame Law School 17

on about our business ; it is imperative that we do so. We cannot the world through economic and industrial domination.’ Ad- forget, though, the words of Lord Acton: dress by M. J. Rathbone, President of Standard Oil Company Economic Club of Detroit Apr. 9, ‘Power tends to expand indefinitely, and will transcend all (New Jersey) before the barriers, abroad and at home, until met by superior forces.’ 1962. Quoted in Himmelfarb, Lord Acton, 220 ( 1952). And there is support for this assessment of the situation in a recent And we would do well to remember the fate of the inhabitants of address by Mr. Henry Shapiro, for 25 years Moscow Bureau Chief Hispaniola (now known as Watling’s Island or San Salvador) for United Press International: where Columbus first landed in the New World: ‘The present generation of [Soviet] leaders—many of them ‘of the original natives, estimated by a modern ethnologist in their 40s—have been trained in economics, engineering and at 300,000 in number [when the Spaniards arrived in 1492] industrial management. Their whole careers are based on ability one-third were killed off between 1494 and 1496. By 1508 an to produce . . .‘ South Bend Tribune, May 6, 1962, p. 10, col. 2. enumeration showed only 60,000 alive. Four years later that of Com number was reduced by two thirds ; and in 1548 Oviedo This is present-day Russia’s grand design for the triumph doubted whether 500 Indians remained. Today the blood of the munism—to outproduce the West, to surpass us industrially. Tainos only exists mingled with that of the more docile and “How are we responding to the challenge? I referred last year laborious African Negroes who were imported to do the work to Admiral Rickover’s assertion that ‘life without effort appears to ‘ that they could not and would not perform. be our national goal.’ Unpublished address at the University of ‘The fate of this gentle and almost defenseless people,’ con- Notre Dame, Feb. 22, 1961. This is selling out to the Enemy for, : L. tinues Professor Morison, ‘offers a terrible example to Amen- as the Admiral has pointed out, ‘everything we do either strength- cans who fancy they will be allowed to live in peace by people ens or weakens the coalition fighting to preserve its right to remain overseas who covet what they have.’ Morison, Admiral of the free.’ Id. The electricians in New York who demanded a 25-hour Ocean Sea, 493 (1942). week and the employers who granted it struck a major blow against Business Week, Jan. 27, 1962, p. 36. Very likely it will be Iu II of nuclear doom. There are freedom. “I do not mean to be a prophet by other and even greater blows. Thus we are told that a by nuclear assault and the followed other ways of overwhelming us than is now under way to obtain a 25-hour week for all of it. If we are being told the truth, campaign Communists are well aware members in New York. South Bend Tribune, Apr. 25, 1962, On the economic front, however, union America is still ahead militarily. 53. If that campaign succeeds, the infection will spread across losing. Recently Walter Lippman wrote p. ‘$ there are signs that we are Country, costs and prices will continue to rise, and we will cease of our declining industrial supremacy.’ the of ‘the grinding reality competitive. As well surrender to the Communists and be 1962, 12. As to this the Nation to be South Bend Tribune, Apr. 13, p. it. want of understanding the peril. done with appears indifferent, perhaps for “ fully armed, guards his courtyard, his ! the other hand, according to an experienced observer of ‘When the strong man, “On stronger than he attacks and over- Khrushchev ‘appears to have great faith in the property is undisturbed. But if a Soviet affairs, his weapons that he relied upon of economic power. It is a subject to which he often comes him, he will take away all potentialities Luke 1 1 : 21, 22. Nuclear superiority, if At the Twenty-First Congress of the Soviet Communist and will divide his spoils.’ refers. it will not save us if the Enemy becomes he declared that the international situation would change we have it, is not enough; Party, psychologically. After all, why should the radically when the Soviet Union becomes the leading industrial stronger industrially—and risk of nuclear war so long as there is good power, when the Communist bloc produces more than half the Communists take the by surpassing us industrially? And they are world’s industrial output.’ Ulysses, “The International Aims and prospect of winning As Barbara Ward has pointed out: Policies of the Soviet Union : the New Concepts and Strategy of working to surpass us. Khrushchev,” 24 Review of Politics 183, 205 (Apr. 1962) . A ‘. . . [T]he amount of effort, interest, preparation, and sheer has expressed the same view: prominent industrialist slogging hard work which the Communists tend to put into ‘[The Soviet bloc] have not abandoned their goal of world the task of building their version of world order very greatly domination, but the means they have chosen to achieve exceeds what we are ready to do or the sacrifices we are pre this end are not entirely those of armed warfare. Instead, in pared to make.’ “Rich Nation, Poor Nation,” Commonweal, the present state of Soviet aggression, they mean to take over July 7, 1961, p. 533. 19 Law School 18 Dean’s Report 19612 Notre Dame of Madrid, Spain ‘C Antonio de Luna, University ‘Somehow,’ says General Hershey, ‘we’ve got to get ourselv professor S. McDougal, Yale University Law School enough to fight for the things we believe in.’ South Bend Professor Myres tough Yale University Law School Tribune, Mar. 7, 1962, p. 8. But the question, I think, is whether Professor F. S. C. Northrop, University we still believe in them. ‘People need something to believe in,’ re.. Professor H. A. Rommen, Georgetown marked a London dealer in charms and amulets, whose business is professor John Wild, Northwestern University Texas School of Law said to be prospering. South Bend Tribune, July 7, 1961, p. 8 Professor Joseph P. Witherspoon, University of col. 6. Is this not simply another manifestation of the decay o Professor Erik Wolf, University of Freiburg, Germany Western man’s belief in the values which made him what he is? of the Forum, which came off the press last we believe in staying free and therefore in StayiIg The seventh issue “Unless received. Contributors to this issue not have the will to win the cold war. And without I spring, has been very favorably strong, we will Holland, Italy and Japan, the will to win we are already undone. represent six nations (Belgium, Canada, I and 20 universities in this Country and “What is too little understood is that this is a time of crisis. I as well as the United States) Perhaps the most fateful decision in history is waiting to be made, I abroad. that is, whether to press on for shorter hours, less work and greater ease or, in the words of Colonel Glenn, ‘to take the dare of the future’ (South Bend Tribune, Feb. 20, 1962, p. 1, col. 7) and go NOTRE DAME LAW ASSOCIATION back to work. If we choose the former alternative we will decay Alexandria, Louisiana, was and founder, as the Greeks and Romans did and as the Commu.. Mr. Camille F. Gravel, Jr. ‘35, of at the annual nists fully expect us to do, leaving the world to them. elected president of the Notre Dame Law Association elected were: “In the address he is about to deliver, the distinguished Presj.. meeting at The Law School in June. Also Mr. John C. Satterfield, will dent of the American Bar Association, Honorable William B. Lawless, ‘44L of Buffalo truly—that the Communists will bury themselves Honorary President, say—and will say B. Deale, ‘39, of Washington, D.C. we help them. But will we help them or will we, instead, insist Vice President, Valentine —if N. Tompkins, Jr., ‘56L, of New York on helping them to bury us? Like Mr. Mowrer, I am not at all sure Secretary-Treasurer, George which it will be.” City Newly elected directors of the Association are: Timothy E. Kelley, ‘48, of Dallas Chicago NATURAL LAW INSTITUTE Maurice J. Moriarty, ‘51L, of Ralph G. Schulz, ‘53L, of Milwaukee Professor Harry W. Jones, Cardozo Professor of Jurisprudence at Joseph C. Spalding, ‘52L, of New York City University School of Law, accepted appointment as an as- “The Columbia The Notre Dame Law Association sponsored a conference on sociate editor of the Natural Law Forum. In addition to Professor Reunion Trial Lawyer—1962” from Wednesday to Friday of the Noonan of our Faculty, the Editor, the Forum’s Editorial Board now from Weekend. The speakers included celebrated lawyers and judges of the following distinguished scholars: of consists all over the country. Chief Judge Desmond of the New York Court the panel Professor Vernon Bourke, St. Louis University Appeals, a member of the Law Advisory Council, moderated J. were Harold S. Mr. George W. Constable, Baltimore on the “Trial of Criminal Cases.” The panelists of New York Professor W. Curran, Boston University School of Law Sawyer, Jr., of Grand Rapids and Paul W. Williams j. “Preparation Professor A. P. d’Entreves, Turin University, Italy City. Assistant Dean Broderick moderated the panel on and participants Professor C. Friedrich, Harvard University and Technique in the Trial of Negligence Actions” J. The panel on the Professor Lon L. Fuller, Law School of Harvard University included Emile Zola Berman of New York City. by Honorable Lee Loevinger, Professor Iredell Jenkins, University of Alabama “Trial of Antitrust Suits” was headed in charge of the Antitrust Professor Harry W. Jones, Columbia University School of Law Assistant United States Attorney General Professor Wilber G. Katz, University of Wisconsin Law School Division. at dinner at the Morris Chancellor Edward H. Levi, The University of Chicago Father Hesburgh welcomed the panelists 20 21 Dean’s Report 1961 J2 Notre Dame Law School Inn on Wednesday evening Professor Charles W Joiner of the Un Messrs. Norman J. Barry, ‘48L, Roger P. Brennan, ‘33, Albert H. versity of Michigan Law School spoke at the luncheon on Thursy Monacelli ‘34, and Justice William B. Lawless, ‘44L. ; to the Law and I addressed the closing luncheon on Friday. AdvisorY Council and its Chairmen, Messrs. Oscar John Dorwin, ‘17, The entire program was arranged by Justice William B. Lawless, Paul F. Helimuth, ‘40, and Edmund F. Stephan, ‘33 ; and to the stu ‘44L, of Buffalo, then president of the Notre Dame Law Associatjo, dents who, after all, are the most important part of any law school. For and two of the Association’s directors, Mr Valentine B Deale, ‘39 of all the help and the many kindnesses I have received, I am profoundly Washington and Mr. Camille F. Gravel, Jr., ‘35 of Alexandria, Louj grateful. ana, who succeeded Justice Lawless as President. Respectfully submitted, In my time at Notre Dame the Law Association has been blessed by a succession of able and dedicated presidents. No one has been more JOSEPH O’Mi effective or more devoted than Justice Lawless. He is entitled to the Dean abiding gratitude of every friend of Notre Dame. August 15, 1962

LAW ADVISORY COUNCIL FACULTY PUBLICATIONS Mr. Henry M. Hogan of Birmingham, Michigan, was appointed to the Law Advisory Council. Until March 24, 1961, when he retired, 1961-62 Mr. Hogan was Vice President and General Counsel of General Motors Corporation. He is a member of the American Bar Association, the EDWARD F. BARRETT State Bar Association of Michigan, the Association of the Bar of the Article: City of New York, the New York County Lawyers Association, the As The Adversary System and the Ethics of Advocacy, 37 Notre Dame sociation of General Counsel and the American Judicature Society, and Lawyer 479 (1962). is a Fellow of the American Bar Foundation. Mr. Hogan is a most wel come addition to the Council. THOMAS F. BRODEN, JR. Book: Social Security and Unemployment Insurance Law (Chicago: Cal- September, 1962. CONCLUSION laghan & Co.) , accepted for publication in Article: “In all occupations, the level of competence required is constantly Legislation and Social Progress, Proceedings of Symposium on Mater increasing “ The Pursuit of Excellence Education and the Future of et Magistra, University of No&e Dame, 1962. America 9 ( 1958) . We can keep pace only by constantly raising our sights. There will be some resistance to this. Happily, the University Ad- IOHN J. BRODERICK ministration fully supports our program of increasing excellence; and I Book: look to the future with confidence. Tenth Annual Union-Management Conference on Industrial Rela Many people contributed to the progress we have been able to make tions in a Dynamic Economy (University of Notre Dame, 1962). since I came to Notre Dame in October of 1952. Special thanks are Co-editor. due, first and foremost, to Father Hesburgh, and also to Father Soleta EDWARD J. MURPHY and the latter’s predecessor as Academic Vice President, Father Philip Book Review: S. Moore ; to our able, hard-working and increasingly productive Fac Williston (3rd ed., 4 vols.) , revision by Walter H. E. ulty; to the Notre Dame Law Association on Contracts and, more particularly, to Jaeger (Mt. Kisco, N. Y. : Baker, Voorhis & Co., Inc., 1957-61 ) 37 the men who have served it as president since 1953-54, especially Notre Dame Lawyer 465 (1962). per la codi JOHN T. NOONAN, JR. La codificazione del diritto in Europa ed ii Movimento Article: flcaziOfle negli Stati Uniti intorno alla meta del diciannovesimo secolo, Private Property, accepted for publication in New Catholic En 12 Jus 519 (Milano, Italy, 1961). cyclopedia. La teoria deli atto di governo secondo la guirisprudenza degli Stati Uniti, 12 Jus 541 (Milano, Italy, 1961). Book Reviews: Consensual Obligations in Poland — Interplay of Planned Economy Oxford H. L. A. Hart, The Concept of Law (Oxford: University and Traditional Contract Rules, accepted for publication in American Press, 1961) 7 Natural Law Forum 169 (1962). Journal of Comparative Law. F. S. C. Northrop, Philosophical Anthropology and Practical Politics Problems of Revocation and Termination of Offers — Necessity (New York : The Macmillan Company, 1960) accepted for publication Some of Communication — Time of Revocation — Death, accepted for in New Scholasticism. publication in Notre Dame Lawyer. James M. Moynihan, Papal Immunity and Liability in the Medieval Canonists (Rome: Univ. of Gregoriana, 1961) accepted for publica Teaching of Torts by the Comparative Method, accepted for publica tion in Catholic Historical Review. tion in Egyptian Review of Comparative Law. The Theory of Federalism, accepted for publication in University of Cairo Law Review. JOSEPH O’ME Articles: Fictitious Federations, accepted for publication in Central European Federalist. Federal Aid to Religious Schools, Introductory Note, 37 Notre Dame Lawyer 285 (1962). Reviews: Foreword, Symposium on Next Steps in Extending the Rule of Law, Book 37 Notre Dame Lawyer 1 (1961). Ralph Newman, Law and Equity: A Comparative Study (New York: Oceana Publications, 1961) 47 Cornell Law Quarterly 325 (1962). Limpens, Rapports Généraux au Ve Congre’s International de PETERS Jean ROGER PAUL Droit Compare (Brussels: Etablissements Emile Bruylant, 1960) 55 Article: American Journal of International Law 1033 (1961). Molar Motions in Supreme Court Decisions, 37 Notre Dame Lawyer Etudes de Droit Contemporain — Contributions Francaises aux III 128 (1961). et IV Congrès Internationaux de Droit Compare — Section II (Paris: Institut de Droit Compare de l’Universite de Paris, 1959) 37 Notre WILLIAM D. ROLLISON Dame Lawyer 120. Articles: Schlesinger, Comparative Law: Cases, Text, Materials, Planning, 37 Notre Dame Lawyer 160 (1961). Rudolf B. The History of Estate 2nd ed. (Brooklyn: The Foundation Press, 1959), accepted for Co-Ownership of Property in Estate Planning, accepted for publica publication in Notre Dame Lawyer. tion in Notre Dame Lawyer.

W. J. WAGNER Book:

Studies in Comparative Law — Some Theoretical Considerations and Preparation of a Project, accepted for publication in a book honoring Roscoe Pound. Articles: L’enseignement du droit aux Etats-Unis, 48-49 Les Etudes Sociales 26 (Paris, 1961). Le Role du juge et des parties dans le droit des Etats-Unis, 5 1 Les Etudes Sociales 10 (Paris, 1961).