THE AMERICAN BAR FOUNDATION ANNUAL REPORT 1957el988

Review of Operations 1952-1958

AMERICAN BAR CENTER 1155 EAST 60'I'H STREET CHICAGO 37, Il.UNOIS THE AMERICAN BAR FOUNDATION I

ANNUAL REPORT 1957-1958

Review of Operations 1952-1958

AMERICAN BAR CENTER 1155 EAST 60TH STBEET CHICAGO 37, lll.INOIS BOARD OF D1RECTORS CHARLES s. RHYNE President, Hill Building, Washington 6, D. C. JAMES L. SHEPHERD, JR. Vice President, Esperson Building, Houston 2, Tex. JOSEPH D. CALHOUN Secretary, 218 West Front Street, Media, Pa. HAROLD H. BREDELL Treasurer, 920 Circle Tower, Indianapolis 4, Ind. GEORGE s. GEFFS Jackman Building, Janesville, Wis. DAVID F. MAXWELL Packard Building, Philadelphia 2, Pa. VINCENT P. McDEVITT 1000 Chestnut Street, Philadelphia 5, Pa.

ADMINISTRATION JoHN C. LEARY Deputy Administrator and Librarian DONALD M. McINTYRE, JR. A88istant Deputy Administrator NOBLE STEPHENS Controller

STANDING COMMITTEES BUDGET VINCENT P. MCDEVITT Chairman, 1000 Chestnut Street, Philadelphia 5, Pa. HAROLD H. BREDELL 920 Circle Tower, Indianapolis 4, Ind. GEORGE s. GEFFS Jackman Building, Janesville, Wis. FINANCE WHITNEY N. SEYMOUR Chairman, 120 Broadway, New York 5, N. Y. JOHN C. COOPER One Armour Road, Princeton, N. J. HAROLD J. GALLAGHER 15 Broad Street, New York 5, N. Y. JOHN w. GUIDER Littleton, New Hampshire J. CLEO THOMPSON Kirby Building, Dallas 1, Tex. llBRARY SERVICES CARL B. Rix Chairman, Wells Building, Milwaukee 2, Wis. MILTON E. BACHMANN Hollister Building, Lansing 8, Mich. w. LAWRENCE KEITT Law Library of Congress, W a.shington 25, D.C. CHARLES A. McNABB Chicago Bar ABSOciation Library, Chicago 2, Ill. WILLIAM R. RoALFE Law Library, Northwestern University, Chicago 11, Ill.

RESEARCH E. BLYTHE STASON Chairman, Hutchins Hall, University of Michigan Law School, Ann Arbor, Mich.

HERBERT w. CLARK Crocker Building, San Francisco 41 Cal. ALBERT J. HARNo Hastings College of Law, San Francisco, Cal. EDwABD H. LEVI University of Chicago Law School, Chicago 37, Ill. Ross L. MALONE Roswell Petroleum Building, Roswell, N. Mex.

2 J

THE AMERICAN BAR FOUNDATION uinmd ~,ttoa

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This has been an eventful year for the Ame1-ican Bar Foundation. Several research rrrojed8 were completed; protracted studies have moved through their initial phases; and significant progress has been made on continuing projects which are of vital interest to the Bench and Bar. New projects or new phases of existing projects also were planned. In order to demonstraf,e the true Junction of the American Bar Foundation and the extent to which this function has been carried forward successfully, this Annual Report incorporates a history of all research and library activities, past and present, since the Foundation's inception in 1952. The ad.ministrative organization and operation of the Foundation also are outlined. Finally, there are included a general description and acknowledge· ment of sponsors whose support-whether of specific projects or of the Foundation generally-has enhanced the improvement of the legal profession, the law and the community through legal research.

CHARLES S. RHYNE Pre trident 1961.58 August, 1958

3 I THE AMERICAN BAR FOUNDATION Its Legal Research-The Cromwell Library

The American Bar Foundation was established as an Illinois not for profit corporation on November 1, 1952, shortly before final developments of the long-planned construction of the Ameri­ can Bar Center. The land on which the American Bar Center is constructed was donated to the Foundation by the University of Chicago; funds for the construction of the building were secured by the Foundation through contributions from members of the American Bar Association, organizations working with or inter­ ested in the profession, as well as from other outside sources. Dedication ceremonies were held in the summer of 1954, at the time of th() 77th Annual Meeting of the American Bar Association. The north wing of the Bar Center is leased from the Foundation by the American Bar Association for its national headquarters. The Association sub-leases offices to affiliated organizations, such as the National Legal Aid and Defender Association, the American Judicature Society, the American Bar Association Endowment, and the National Conference of Commissioners on Uniform State Laws. The south wing is occupied by the American Bar Founda­ tion. The Bar Center is located in Chicago at 1155 East Sixtieth Street, directly across the Midway from the Rockefeller Memorial Chapel on the University of Chicago campus. Considering the

5 large geographical area of metropolitan Chicago, its location is convenient to the Loop by the Illinois Central Railroad or the South Shore Drive. It is directly east of Chicago's Midway Airport, and the Woodlawn and Englewood Railroad stations are a short cab ride away for those traveling by rail to and from New York or Washington. Another advantage in the location of the Bar Center is the close accessibility of the facilities at the Harper Library of the Univer­ sity of Chicago, the research and teaching program of the Univer­ sity of Chicago Law School, and the. myriad activities of the Council of State Governments and other organizations located at the Public Administration Clearing House, just a few blocks to the east on Sixtieth Street-the "1313 Building." The new University of Chicago Law School building is scheduled for completion in the fall of 1959, and is situated immediately west of the American Bar Center. The University's Industrial Relations Center is to be located in the nearly completed Mott Building, just one block to the east. The arrival of these new neighbors promiseB an even more stimulating locale for legal educntion, legal and allied re­ search activities.

ORGANIZATION AND OPERATION OF THE AMERICAN BAR FOUNDATION The main objectives of the American Bar Foundation are: the study, improvement and facilitation of the administration of justice; the promotion of the study of law and research therein; the continuing education of lawyers; the publication and distribu­ tion of addresses, reports, treatises and other works on legal subjects; the maintenance of a law library and research center; and the promotion of suitable standards of legal education. Since the American Bar Foundation was established as a not for profit corporation, and because it is an educational and research institution, the United States Treasury Department has ruled that it is exempt from federal income taxation. Donations to the Foundation in the form of gifts, bequests and legacies are de­ ductible from federal income and estate taxation. The members of the Foundation-the equivalent of the stock­ holders in a business corporation-are the sixteen members who

6 from time to time serve on the Board of Governors of the Ameiican Bar Association. Their terms of office accordinglyj as board mem­ bers and Foundation members are the same: three years. The Board of Governors has certain ex officio members, the others being elected by the Association at large in each of the Federal Circuits. The members of the Foundation hold the equivalent of an annual stockholders meeting and, from their own members, elect the Board of Directors of the Foundation, seven in number. The term of office of the Directors is one year. The Directors in turn elect four officers: Presidentj Vice Presi­ dent, Secretary and Treasurer, again for a term of one year. While the Foundation's articles of incorporation and by-laws do not require it, the President of the Association has traditionally served as President of the Foundation. Since operations began in January 1955, the Presidents have been Loyd Wrightj 1954-1955; E. Smythe Gambrell, 1955-1956; David F. Maxwellj 1956-1957; Charles S. Rhyne, 1957-1958, and the President at this time is Ross L. Malone. Similarly, the Vice President, Secretary and Treasurer of the Association have acted in the same capacity for the Foundation. Joseph D. Stecher was Secretary until he was appointed Executive Director of the Association. He was succeeded by Joseph D. Calhoun. Harold H. Bredell has been the Treasurer of the Founda­ tion since 1953. James L. Shepherd, Jr., was the 1957-1958 Vice President and he was succeeded by Sylvester C. Smith, Jr. The Board of Directors hold one annual meeting and special meetings are called as required. Members of the Standing and Special Committees of the Foun­ dation are appointed by the President of the Foundation for a term of one year. The Standing Committees are: Budget, Finance, Library Services and Research. Three members of the Board of Directors are also members of the Budget Committee. The Fi­ nance Committee, as well as the Library Services and Research Committees, have five members each; on the latter two commit­ tees, the membership is composed of legal educators, practitioners and law librarians. Present Chairmen of these Committees are: George S. Geffs, Chairman of the Budget Committee; John C. Cooper, Chairman of the Finance Committee; Dean E. Blythe Stason is Chairman of the Research Committee; and the Chairman of the Library Services Committee is Carl B. Rix. Special Committees are appointed to supervise major research

7 activities-designated by the Foundation as Class A projects. These projects are complex in nature, large in scope, fairly long fa duration with extensive budgets and teams of research personnel. The Special Committees make semi-annual reports to the Board of Directors on the progress of the research projects under their supervision. Research projects limited in scope and operation are classified as Class B projects and the costs of operation are included in the over-all budget of the Foundation. These projects are under the immediate supervision of the Administrator or the Deputy Ad­ ministrator. Before a research project is undertaken by the Foundation, a proposal outlining generally the purpose, scope and cost of the study first must be approved by the Standing Committee on Research. The Research Committee, with the assistance of the Administrator or Deputy Administrator-who investigates and analyzes the proposal and makes recommendations-determines the following points: 1. Whether the proposed activity appears to be within the scope and objectives of the American Bar Founda­ tion; 2. To what extent it would be of interest to the general public and a substantial percentage of the organized bar; 3. Whether it would duplicate similar activity known to be under way in other organizations; 4. Whether, due to the size or nature of the proposed activity, it appears to be a Class A activity, requiring the creation of a supervising Special Committee, or a Class B activity which can be supervised and conducted by the Administrator; 5. An estimate of the time and cost required for comple­ tion, with the tentative budget; and 6. Whether it can be financed within the normal annual budget or would require special funds. If approved by the Research Committee, the budget of the proposed project is examined by the Budget Committee. After approval by this group and the Board of Directors, the matter of financing, if outside funds are needed~ is assigned to the Finance Committee and the Special Committee.

8 INTERNAL ADMINISTRATION John C. Cooper was appointed the first Administrator of the American Bar Foundation in 1954, before the completion of the American Bar Center. Prior to that time, Mr. Cooper served a.s Chairman of the Foundation's Research and Library Committee, which Committee initially formulated the policies under which the Foundation was io operate. Because of his other professional commitments, Mr. Cooper held this position on a part-time basis until the summer of 1957 when his resignation was regretfully accepted by the Board of Directors. For a short period of time during 1955, Whitney R. Harris served as both the Executive Director of the American Bar Association and the Administrator of the American Bar Foundation. To Mr. Cooper must go the credit for the establishment of many of the operating policies of the Foundation. The selection of a permanent Administrator is now under consideration by a Special Committee appointed by the President. Frederick B. MacKinnon served as Mr. Cooper's resident assistant or Deputy Administrator in addition to his duties as Director of the Canons of Ethics project. Mr. MacKinnon re­ signed in October 1957, and John C. Leary, who first came to the Foundation as Librarian in January 1955, was appointed to succeed him. The other administrative officers are Donald M. Mcintyre, Jr., Assistant to the Deputy Administrator and Noble Stephens, Controller and Resident Agent of the Foundation. The Administrator, or the Deputy Administrator, is the equiv­ alent of the General Manager of the corporation. He is responsible for the general planning, supervision and completion of all Foun­ dation activities under his jurisdiction and within the policies laid down by the Board of Directors. In addition to direct supervision of Class B projects and the responsibility of advising the Research Committee and the Library Services Committee with respect to new proposals for research or library activities, he handles all administrative matters necessary for the operation of all research projects and the library. At the present time the Foundation has thirty-one employees, some of whom work on a part-time basis. One-half of the staff consists of lawyers and professional librarians. Part-time personnel includes law students and other graduate students from local universities. The Foundation is always interested in receiving applications from younger members of the legal profession who are interested in legal research or in working in a busy law library.

9 FINANCES The Foundation commenced operations with a.ssets collBi.sting, in the main, of various research grants allocated either to special projects or to the general operation of the Foundation. The Ameri­ can Bar Association has made grants to the Foundation, but in this and the two preceding fiscal years, the two major sources of revenue have been the grants made to the Foundation by the American Bar Association Endowment, which operates the group life insurance program for members of the Association, and the contributions of The Fellows of the American Bar Foundation. The Foundation also has received bequests from policies written in the insurance program and a few other specific bequests from interested members of the profession. The general operating fund does not include special grants made by single outside sources for Class A research projects. The opera­ tion of these projects is set forth in another section of this Report. The receipts and expenditures of the current fiscal year are shown at the end.

10 THE FELLOWS OF THE FOUNDATION

Approximately one-half of the Foundation's annual budget is met by contributions from The Fellows of the American Bar Foundation, a group of approximately six hundred distinguished lawyers throughout the country who contribute to its support for a period of ten years and who, because of their interest and partici­ pation, give character and stature to the work of the Foundation. This organization was estabfu!hed during the 1955-1956 fi1!Cal year. The Fellows are chosen from the members of the American Bar Association whose professional, public and private careers have demonstrated their outstanding dedication to the welfare of the community and the maintenance of the major objectives of the American Bar Association. Membership is limited to six hundred eleven State Fellows and fifty Fellows-at-Large. The former group is equito.bly distributed be tween the various states according to lawyex population and the latter is subject to no geographic re trictions. The membership limitation, based on one quarter of one per cent of lawyers in the United States, is subject to adjust­ ment beginning .January 1, 1959. The By-Laws of The Fellows provide for the election of not more than two honorary members annually, one of whom may be from a nation other than the United States. These honors were given to George Wharton Pepper and Samuel Williston, at the 1st Annual Meeting of The Fellows in 1957, and to the Right Honorable Lord Hailsbam, of Great Britain, and H. Rowan Gaither, Jr. at the 2nd Annual Meeting. Another feature of the Annual Meeting is the presentation of two awards by The Fellows. One is to a distinguished lawyer who has been engaged in active practice of law for a period of more than fifty yeara. The recipient of this award in 1957 was Burt J. Thomp­ son, of Iowa, and in 1958 the award went to Jubal Early Craig of Arizona. The award for outstanding research by an individual in

11 law and government was received by the late Arthur T. Vanderbilt in 1957, and Albert J. Ramo in 1958. The 3rd Annual Meeting of The Fellows is to be held in Chicago immediately preceding the Midwinter Meeting of the American Bar Asaooia.tion. Eaoh Fellow is presented with a, formal certificate, signed by the Preaident of the Foundation and Chairman of The Fellows, together with a gold lapel button, as evidence of his membership in this select group. At regular intervals The Fellows are requested to sug­ gest reseat·cb projects which they feel should be undertaken by the Foundation. Formal reports are prepared annually and distributed to The Fellows giving the status of the work which is under way. At the annual business meeting, verbal reports are made by the Officers, Chairmen of Standing Committees, as well as the Chair­ men of the Special Committees of Class A projects. The floor is thereafter open for discussion of these projects and the operation of the Foundation in generaL Also, by virtue of his membership, each Fellow is entitled to receive a copy of every formal publication of the Foundation. At its October 1958 meeting, the Board of Directors decided that it would be beneficial to the Foundation and to The Fellows to arrange a means of formal participation by representatives of The Fellows in the operation of the Foundation. The Board established an Advisory Committee, to be composed of three members of The Fellows. They will be elected at the 1959 Annual Meeting of The Fellows. The Advisory Committee will attend meetings of the Board of Directors with the right to discuss all matters coming before the Boa1·d but without a vote.

12 RESEARCH PROJECTS

The Foundation welcomes all suggestions for research from anyone who has in mind a specific or general area of the law which needs study and analysis. Consideration is given each proposal through the screening process outlined above. Letters outlining the proposed project should be addressed to the Foundation offices in Chicago. Several current projects originated within the Sections, Standing Committees or Special Committees of the American Bar Associa­ tion. A resolution of the House of Delegates adopted in 1953 states in substance, that whenever a Section, Special or Standing Committee of the Association believes that legal research should be done on a particular problem and is unable to do the work within its own membership and facilities, that the proposal will be sub· mitted to the American Bar Foundation. In furtherance of this policy, a letter is sent annually to all Sections, Standing and Special Committees of the Association asking for suggestions about possible research projects. A similar letter is sent to all national, state and local Bar Associations represented in the House of Delegates. Short reports and research memoranda., sometimes requiring only a few days or a matter of hours, are prepared frequently for these Sections, Committees or individual members of the Bar.

13 CLASS A PROJECTS

I. Survey of the Administration of Criminal Justice in the United States In scope and plan, this is the most ambitious and important research project which has been conducted by the Foundation. The project was undertaken in 1954, at the suggestion of the American Bar Association and has been financed by grants from The Ford Foundation. An outline of the project activities is set forth in The Admin­ istration of Criminal Justice in the United States: Plan for Survey, which was published by the Foundation in 1955. The phase of the survey was planned as a broad fact-finding study of the operation and function of the agencies of criminal justice in selected juris­ dictions throughout the United States. The overall purpose of the project is to describe the criminal law in action and, in turn, to isolate, identify and evaluate the principal problems involved in the administration of criminal justice. The Pilot Project phase of this project, now completed, entailed field research in the states of Wisconsin, Kansas and Michigan. This research, conducted through observation, interview and factual reporting, concentrated on police agencies, the prosecution and defense of criminal actions, the administration and operation of criminal courts and, finally, sentencing, probation and parole procedures. The recruitment and training of personnel and the required factual research in three states were completed in approximately eighteen months, from February 1956, to June 1957. Thereafter, the project staff was engaged in the preparation of the seven volume Pilot Project Report of the survey until the end of the calendar year, 1957, when it was submitted, through the project's Special Committee, to the Board of Directors of the Bar Foundation. The Board, in turn, after an evaluation of the Pilot Project Report, approved its submission to The Ford Foundation together with a request for funds with which to complete the project as originally planned. This action occurred in February 1958. While the project is not operational at the present time, pending an evaluation and reply from The Ford Foundation, the Pilot Project Report, although not published, and other data accumu-

14 lated by the survey, have been made available, under certain con­ ditions, to qualified scholars in the field of criminal law. This material was utilized, for example, during the summer of 1958 as the basis for a special seminar conducted at the University of Wisconsin Law School.

II. Corporate Laws Annotated The aim of this project is the preparation of a treatise on the development and present state of statutory corporation law in the United States based on research and analysis of all important provisions of existing corporation statutes and leading cases of all the states and territories. The treatise will be published in the form of annotations to the Model Business Corporation Act and the Model Non-Profit Corporation Act proposed by the Committee on Corporate Laws of the Section of Corporation, Banking and Business Law of the American Bar Association, which Committee initially suggested the project. Research work began in July 1956, and it has been estimated that the project would be completed in four years. It has been specially financed by contributions of sponsoring law firms, corporations and individual lawyers. The treatise resulting from this project will be of great value to practicing lawyers, to law schools and to groups considering the revision of state corporation laws, as well as to the legal depart­ ments of corporations whose business is national in scope. The amount of completed research work is well within the project's planned time-table and the increasing interest and sponsorship of the end product evidence its value to the legal profession throughout the country.

III. John Marshall Papers This research project was proposed by the Cincinnati Commit­ tee for the Preservation of the John Marshall Papers, a local group formed within and through the sponsorship of the Cincinnati Bar Association and the University of Cincinnati College of Law. The Board of Directors approved the establishment of this project at its February 1958 meeting and a special committee was appointed to draft detailed plans to finance and carry forward the research 16 objectives, each of which is to be undertaken separately and in the following order: A. The completion of the collection of all papers and correspondence of the Chief Justice and their indexing and classification; B. Preparation and publication of a one volume non­ bibliographical legal study based upon the collected documents; and C. The laying of plans for the eventual publication, in a multivolume set, of all available documents or written material prepared by John Marshall. The Special Committee is now in the first phase of the program -the completion of the collection-and the budget, financing and operational proposals for phases two and three will be presented at the February 1959 meeting of the Board of Directors.

IV. Survey of American Statutory Law This project was proposed by the National Conference of Commissioners on Uniform State Laws and approval for this project was given by the Board of Directors at it'l February 1958 meeting. For some time the Commissioners have been concerned about the lack of any available digests of the statutory law of the states comparable to the familiar case law digests which permit a lawyer to get leads quickly to all of the cases in all of the states on the particular legal point on which he is working. The Special Committee appointed to plan and supervise this project held its initial meeting in Los Angeles, at the time of the 1958 annual meetings of the Foundation and Association. The Committee has taken under advisement policy matters, including the many practical aspects of such a formidable undertaking and the methods of procedure to be followed in the project's research operations.

V. Federal Tax Procedure This project was proposed by the Section on Taxation of the American Bar Association. The Legal Research Committee of this Section earlier concluded that there has never been a comprehan-

li sive examination of the existing procedural mechanisms for the handling of the ever increasing number of tax disputes, which is in I sharp contrast to the amount of study given in recent years to substantive tax law matters. At the February 1958 meeting of the Board of Directors, approval was given for the undertaking of this project and shortly thereafter a ten member Special Committee was appointed for the project. The initial meeting of the Commit- tee waa held at Los Angeles in August 1958. The plan of operation and budget have been approved and the project now i~ in its financing stage.

VI. Survey of Procedures in Commitment and Dis­ charge of the Mentally Ill In June 1956, the American Bar Foundation commenced a two­ part study on the Rights of the Mentally Ill encompassing all major areas of civil and criminal law. Phase I is concerned pri­ marily with the examination and analyBis of written materials such as statuteB, administrative regulationB, court decisions and related literature of the states plus the federal Bystem and Puerto Rico. The present status of this phase is covered below under Class B activities. At the February 1958 meeting of the Board of Directors, Phn.se II was approved and a Special Committee, appointed soon there­ after, received approval from the Board of its general plan and budget to carry forward the operation of this phase. The second phase of the project will be concerned primarily with direct examination of procedures employed in involuntary commitment to mental institutions. This is one of the most com­ plicated areas of mental disability laws and one in which the established judicial proceedings are attacked most frequently. The study will include a comparison of present laws with their actual application; a determination of the necessity for protective procedures in discharge; a determination of the status of committed mentally ill with regard to personal and property rights under present commitment laws and their application; a determination whether the laws are construed uniformly by judges in the same jurisdictions; and an examination of actual practices where statutes are silent on procedure. It is anticipated that funds will be secured for the financing of the second phase of this project by the early part of 1959, at which time the estimated one-year project will commence its operation. 17 VII. Canons of Professional Ethics This project was undertaken in 1955 at the suggestion of the American Bar Aasociation, and it has been financed from the Bar Foundation's funds. The project was to determine first whether the American Bar Association's Canons of Professional Ethics and Canons of Judicial Ethics required revision or restatement in the light of new conditions and, if so, the cost of a long-range, de­ tailed report. During the fiscal year 1955-1956, a plan was formulated for the study and reappraisal of the sufficiency of the present canons as standards for lawyers and judges under current conditions of practice. In May 1956 the Board of Directors approved the plan, appointed a Special Committee, and immediately thereafter intensive research was begun in specified areas. The following year saw the accumulation and evaluation of published and unpublished articles, books, reports, papers, opin­ ions, cases and correspondence. Much helpful information was also obtained from questionnaires and conferences with individ­ uals and committees experienced in the problem of professional ethics. "Custody of Funds" was one of the problems designated for intensive study, and a recommended canon was prepared which demonstrated the Restatement method as applied to a Canon of Professional Ethics. Another area of intensive study was "Publicity of Court Trials." A report was made on this sub­ ject with a recommended revision of Judicial Canon 35. This proposed revision currently is before the House of Delegates for consideration. A third report together with a later supplement regarding the future work of the Committee was also prepared. After receipt of the foregoing reports and a consideration of the Special Committee's recommendation that a complete revision of the canons should be undertaken only after an intensive study of the modern practice of law, the Board of Directors decided the cost of this project was beyond the means of the Foundation. A comprehensive report summarizing the various phases of the project's operation and an outline of its findings and methods of research were submitted by the Special Committee at the August 1958 meeting of the Board of Directors.

18 I. Congestion in the Courts From its inception in February 1956, the American Bar Foun­ dation project on Congestion in the Courts has been endeavoring to maintain a complete collection of published studies and refer­ ences on court congestion and delay in litigation. It was not until March 1957 that the Foundation commenced the publication of a monthly newsletter for distribution to individuals and agencies interested in and working on similar projects. AB was originally conceived, and carried forth to this date, the newsletter has identified and frequently summarized significant published re­ ports, articles, addresses, and news items dealing with court congestion. The mailing list for this newsletter is composed of over six hundred Fellows of the Foundation and approximately eight hundred other individuals and agencies interested in the problem. Under the direction of the Deputy Administrator, a report was prepared in the summer of 1957, which explains in great detail the methods of handling large caseloads in the metropolitan courts of Cook County, Illinois and Milwaukee County, Wiscon­ sin. This report is being editorially revised and supplemented with additional material. It is anticipated that it will be submitted to the Board of Directors for approval at the February 1959 meeting.

19 II. Rights of the Mentally Ill After· a two and one-half year study-since June 1956-a six hundred page report entitled The Mentally Disabled and the Law has been completed and submitted to the Research Committee and the Board of Directors for their review and consideration for approval. There hardly is a field of law in which the particular status of the mentally disabled does not pose special problems. The Foun­ dation's study is the most comprehensive examination of this topic to be undertaken in this country or abroad and it encom­ passes all significant civil and criminal areas of law relating to mental disability. The report contains a comparative analysis of existing written laws and its purpose is to ascertain the type and measure of protection afforded mentally disabled persons in the forty-eight states, the District of Columbia and Puerto Rico. It deals with such subjects as involuntary hospitalization (com­ mitment), discharge, incompetency, patient's rights in institutionB, psychopathy, sterilization, personal and property rights, insanity in criminal law and voluntary admissions.

IIL Unauthorized Practice of the Law This project was suggested by the Standing Committee on Unauthorized Practice of the Law of the American Bar Associa­ tion and its operation received final approval in February 1956. The initial step taken by this study was a request for selected information sent to secretaries of state and local bar associations, members of the Association and Advisory Committees on Un­ authorized Practice, and members of state and local unauthorized practice committees. The material received in response to this request was collected in the project office and classified. It included state and local declarations of principles between bar associations and lay groups; reports of conference groups made up of lawyers and representatives of lay groups; pleadings and reports of lower court decisions in unauthorized practice litigation as well as unauthorized practice committee reports of proceedings before them. The American Bar Association Standing Committee on Unauthorized Practice haB, in a very helpful manner, served as an unofficial advisory group for the project and with its aBsistance, the project plans to issue a series of publications on unauthorized practice, to bar association committees and other interested

20 individuals. The Unauthorized Practice Source Book was recently completed. It contains an extremely valuable and comprehensively classified bibliography and digest of the case law and literature on this subject.

IV. Distribution and Income of Lawyers At the instance of the Survey of the Legal Profession, the Board of Directors of the American Bar Foundation, on August 13, 1954, authorized the then Administrator to make the necessary arrangements with Martindale-Hubbell, Inc., to provide the Bar Foundation with statistical reports on the la,vyers in the United States. The three reports so provided, covering the years 1949, 1952 and 1955, after careful analysis, were republished by the Bar Foundation in tabular form in Lawyers in the United States: Distribution and Income-Part I: Distribution. This publication was approved by the Board of Directors at its February 1956 meeting. A report on t he second part of the project-the income of lawyers-was prepared about one yea.r later under the title Lawyers in the United States: Distrifyution and Inc

V. Citizenship Education Completed during the fiscal year 1956-1957 was a manuscript entitled Sources of Our Liberties which contains the text of care­ fully selected legal documents beginning with the Magna Charta, colonial instruments, early state constitutions, the Declaration of Independence, the United States Constitution and the Bill of Rights. Extensive notes were prepared showing the background of each document and its general cont ribution t o our constitutional principles. The project was undertaken at the suggestion of the

21 Committee on American Citizenship of the American Bar Asso­ ciation and the approval by the Board of Directors for this project was given at the May 1953 meeting. Approval was also granted by the Board at its August 1958 meeting for the publication of this manuscript and, as a. result of recent negotiations with a publisher, it should be ready for distribution in the early summer of 1959. Basic research has also been completed under another phase of this project: Statutory Requirements for the Teaching of the Constitution and the Bill of Rights. All sections of state statutes and constitutions providing for the teaching of these subjects in public schools have been identified and an analysis of the pro­ priety and advisability of such provisions is scheduled for opera­ tion dW'ing the ,ne.'

Discontinued Class A Projects Reflecting some of the problems encountered by the American Bar Foundation during its initial stages of operation were a few projects that have been discontinued because of basic research difficulties. One such project, designed to effect cooperation with a Korean Legal Center, received approval of the Board in August 1954. The main objectives of this project were to provide the Korean Bar with a complete American law library, and the es­ tablishment of a law student and law professor exchange, and the distribution of legal periodicals to the legal center. But due to a lack of final consent by the Korean government, the American Bar Foundation was forced to withdraw its support of this project, such action being taken in November 1955. Another project, Cooperation with the Legal Profession of Friendly Free Nations, was also discontinued at the Annual Meeting in 1956 because of a lack of funds necessary to carry its objectives to completion. Another type of difficulty prevented the continuance of a proj­ ect on a study of methods for improving conveyance procedures and promoting marketability of land titles. The plan for this project contemplated that the research would be conducted in a joint effort with the University of Michigan but because of dif­ ficulties-some of which were geographic-in correlating basic policy questions, it was agreed early in 1958 that the research should be conducted in its entirety by the University of Michigan Law School.

22 Lt [1

THE CROMWELL LIBRARY

One of the objectives of the Foundation is the maintenance of a law library. The library began operation in January 1955 and waa formally dedicated on February 22, 1955, as the Cromwell Library, named in honor of William Nelson Cromwell whose gen­ erous bequest to the American Bar Association served as the nucleus of the building fund for the American Bar Center. The Cromwell Library is not attempting to duplicate the great law libraries in the Chicago area but rather has as its primary goal a definitive collection of works published by and about the legal profession. In addition to its collection of professional publi­ cations the library also maintains a working law library and obtains the specific materials needed by the research projects of the Foundation. As it nears the end of its fourth year of operation, the Cromwell Library has some eight thousand volumes on its shelves and currently receives four hundred fifty legal periodicals of which three hundred fifty are bar association periodicals including sixty-one published by the American Bar Association. The library staff consist.B of two professional librarians and one research attorney, in addition to the librarian who also serves as Deputy Administrator of the Foundation.

Reference and Photocopy Service. The Cromwell Library not only serves the library and reference needs of the research projects

23 of the Foundation and the staffs of the American Bar Association and the other legal organizations housed in the American Bar Center, but it serves American Bar Association members through­ out the country through its reference and photocopy services. The reference service has certain necessary limitations. Although the library staff cannot brief cases for members, they do, whenever possible, refer inquirers to law review articles or similar sources of information on the subjects in which they are interested. This service has proven to be particularly helpful to members who do not have large law libraries available in their own communities. During the past four years, nearly four hundred seventy-five letters requesting information have been answered by the library staff. Since the photocopy service was established two years ago, photocopies of one hundred fi.f ty articles and decisions have been supplied on a cost basis to American Bar Association members who have called upon the Cromwell Library when they have been unable to locate the publications they needed in their own com­ munities.

Clearing House Activities. The Cromwell Library also serves as a clearing house for information on unpublished theses and dis­ sertations accepted by accredited American law schools and on legal research projects in progress in law schools, bar associations and allied research organizations. An annual publication of the library lists the theses and dissertations accepted during the previous academic year and the research projects currently in progress. The sixth of these "Little Green Books" is in preparation and will be published in this fiscal year.

Indexing Activities. As a service to the American Bar Association and its members, the library has prepared indexes for the publica­ tions of several sections. The first of these was an index to the publications of the Section of Real Property, Probate and Trust Law, 1934-1955. The first twelve volumes of the Business Lawyer, 1946-1957, have been indexed for the Section of Corporation, Banking and Business Law as have the first nine volumes of the Administrative Law Bulletin, 1949-1957, for the Section of Ad­ ministrative Law. An index to Unauthorized Practice News-the publication of the Standing Committee on Unauthorized Practice of the Law-is in preparation. ~~'!'lc.fi~\ "';,'.i~.;~ Microreproduction Activities. A further activity of the Cromwell Library is the maintenance of a microreproduction program. Funds for this program were collected in Wisconsin by Carl Rix, Chairman of the Library Services Committee, and have been used in part : for the purchase of microfilm reading equipment and for the photo­ copy machine used for the photocopy service. Under this program the Cromwell Library has furthered its objective of collecting out-of-print bar association publications and making them avail­ able to other libraries. With permission of the bar associations concerned, the library has published on microfilm or microcards the out-of-print volumes of five periodicals. The sixth publication in the Microreproduction Series is a reiasu~ of Part VI of the Hoover Commission Task Force Report on Legal Services, which also was out of print. Another service in the microreproduction program has been the publication and distribution of reprints of articles of current interest to practicing attorneys which originally appeared in periodicals now out-of-print. With the pennission of the publishers, five articles have been published in this reprint series. FINANCES Special Grants and General Income Received, 1957-1958 Fellows ...... $53,330.00 Group Life Insurance Benefits...... 5,549.00 American Bar Association Endowment...... 40,000.00 American Bar Association...... 25,000.00 Contributions from law firms, individuals and business corporations to the Model Business Corporation Acts Project ...... ' ...... 42,835.00 Sundry...... 3,892.00 Fees for Microreproduction Program...... 1,469.00

General Operational Expenses, 1957-1958 Survey of the Administration of Criminal Jus- · tice in the United States (All expenditurc8 made out of grants from The Ford Founda- tion) ...... $51,379.00 Annotation of the Model Business Corporation Act and the Non-Profit Corporation Act (All expenditures made out of grants from numer- ous sponsors)...... 31,151.00 Canons of Ethics...... 14,833.00 Citizenship Education...... 34.00 Congestion in the Courts...... 4,627 .00 Lawyers Census...... 354.09 Rights of the Mentally Ill...... 20,395.00 Unauthorized Practice of the Law...... 2,471.00 Survey of American Statutory Law...... 100.00 Miscellaneous General Research ...... 350.00 Library ...... 39,280.00 General Expenses...... 27,994.00 The Fellows ...... 8,299.00

26 AMERICAN BAR FOUNDATION

STAFF

ADMINISTRATION JOHN c. LEARY Deputy Administrator and Librarian DoNALD M. McINTYRE, JR. Assistant Deputy Administrat-0r KATHLEEN PRUNTY Office Manager ESTHER BRENDEL Payroll Clerk BARBARA EWING Secretary BETTY ANN ULBRICHT Stenographer

RESEARCH

MARIAN BAKER Stenographer ELEANOR CouP Secretary DAVID J. DANELSKI Research Attorney HERMAN GoLDSTEL'l Research Analyst LLOYD A. HALE Research Assistant GRACE HIYAMA Secretary MARTHA KAARsBERG Stenographer KATHRYN L. KELLY Research Attorney BARBARA KING Research Attorney NICHOLAS N. KI'ITRIE Research Attorney HAROLD I. LAWRANCE Research Attorney FREDERICK B. MACKINNON Project Director, Canons of Ethics ANN MIHOK Typist ELIZABETH SNYDEll Secretary JAMES F. SPOERRI Project Director, Corporate Laws Annotatde HELEN L. TAO Secretary ROBERT E. ULBRICHT Research Attorney ELYCE H. ZENOJl'F Reeearch Attorney

LIBRARY

HARLEY A. STEPHENSON Reference Attorney BARBARA P. SUTHERLAND Assistant Librarian JAMES A. HOLTON Research Assistant L. HUGH KEMP Student Asaistant BARBARA ZACHEIS Secretary

27 SPECIAL COMMITIEES

ADMINISTRATION OF CRIMINAL JUSTICE liARoLD A. SMITH Chairman, First National Bank Building, Chicago 3, Ill. ALBERT J. HARNO Vice-Chairman, Hastings College of Law, 198 McAllister St., San Francisco 2, Cal. WALTER P. ARMSTRONG, JR. Secretary, Commerce Title Bldg., Memphis 3, Tenn. WILLIAM RAY FORRESTER Tulane University, School of Law, New Orleans 18, La. BoRis KosTELANETZ 52 Wall St., New York 5, N. Y. WARREN OLNEY, III Supreme Court Bbilding, Washington 25, D. C. ARTHUR H. SHERRY University of California. School of Law, Berkeley 4, Cal. A.dviser: EARL WARREN Chief Justice of the U. S., Supreme Court, Washington 25, D. C.

AMERICAN STATUTORY LAW

BARTON H. KUHNS Chairman, First Nat'l. Bank Bldg., Omaha 2, Neb. VINCENT P. BIUNNO State Capitol, Trenton, N. J. JAHEs C. DEZENDORF Pacific Bldg., Portland 4, Ore. FORREST S. DRUMMOND 301 W. First St., Los Angeles 12, Cal. ALBERT J. HARNO Hastings College of Law, 198 McAllister St., San Francisco 2, Cal.

CANONS OF ETHICS

PHILBRICK McCoy Chairman, Superior Court, Los Angeles 12, Cal. 0. S. COLCLOUGH George Washington University, Washington 6,D.C. SHELDEN D. ELLIOTT 40 Washington Square South, New York 12, N. Y. JAMES D. FELLERS First National Building, Oklahoma City 2, Okla. ARTHUR LITTLETON Fidelity-Philadelphia Trust Building, Phila­ delphia 9, Pa. EMORY H. NILES Court House, Baltimore 2, Md. FRANK P. WEAVER Temple of Justice, Olympia, Wash. Ex Officio: THOMAS J. BOODELL 33 North La Salle Street, Chicago 2, Ill. HENRY s. DRINKER Philadelphia National Bank Building, Phila­ delphia 7, Pa.

CORPORATE LAWS ANNOTATED GEORGE c. SEWARD Chairman, 25 Broad Street, New York 4, N.Y. LEONARD D. ADKINS 15 Broad Street, New York 4, N. Y. WHITNEY CAMPBELL 134 South La Salle Street, Chicago 3, Ill. p AUL CARRINGTON Mercantile Bank Building, Dallas 1, Tex. RAY GARRETT 11 South La Salle Street, Chicago 3, Ill.

28 FEDERAL TAX PROCEDURE

DAVID W. RICHMOND Chairman, 1001 Connecticut Avenue, Wash- _: ington 6, D. C. BRADY o. BRYSON 123 S. Broad Street, 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, Cam- bridge 38, Mass. ROBERT J. McDONALD 48 Wall St~eet, New York 5, N. Y. WILLIAM A. Mc8WAIN 38 South Dearborn Street, Chicago 3, Ill. MAURICE RosENJJERG Columbia University, New York 27, N. Y. R. CARLETON 8HARRETTS, JR. Munsey Building, Baltimore 2, Md. STANLEY s. SURREY Law School of Harvard University, Cam­ bridge 38, Mass.

JOHN MARSHALL PAPERS

IRWIN 8. RHODES Chairman, Union Central Building, Cincin­ nati 2, Ohio RoscoE L. BABROW University of Cincinnati, College of Law, Cincinnati 2, Ohio DAVID BERGER City Hall Annex, Philadelphia 7, Pa. HUGH K. MARTIN U. S. Courthouse, Columbus 16, Ohio EDWINC.SURRENCY Temple University, School of Law, Phila- delphia. 22, Pa.

PROCEDURES IN COMMITMENT AND DISCHARGE OF THE MENTALLY ILL STEPHEN CHANDLER Chairman, U. S. District Court, Oklahoma City 1, Okla. DAVID L . BAZELON U. S. Court of Appeals, District of Columbia Circuit, Washington 1, D. C. FRANK P. FosGATE 32 South-State Capitol, Madison 2, Wis. OLIVER SCHROEDER, Jn. Western Reserve University, Law-Medicine Center, Cleveland 6, Ohio J. HOWARD ZIEMANN Superior Court, Pasadena, Cal.

29 PUBLICATIONS OF THE AMERICAN BAR FOUNDATION

LAWYERS IN THE UNITED STATES: DISTRIBUTION AND INCOME PART I: DISTRIBUTION A publication in tabular form of the reBults of the 1949, 1952 and 1955 sta­ tistical reports prepared by Martindale-Hubbell, Inc. for the Survey of the Legal Profession and the American Bar Foundation. (98 p, $2.25, 1956) PART II: INCOME A summary of data from selected government publications and bar 888Qciation surveys dealing with the income of lawyel'l!. (38 p, Sl.50, 1958)

THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE UNITED STATES Plan for a. survey to be conducted under the a.uspicel! of the American Bar Foundation. Prepared by Arthur H. Sherryi...ProjectDirector, in collaboration with John A. Pettie, Jr., Asaistan~ Project uirector. (197 p, S2.00, 1955)

AMERICAN BAR FOUN9ATION ANNUAL REPORT 1954-1955 1955-1956 1956--1957 1957-1958 (no charge)

"LITILE GREEN BOOK" GRADUATE DEGREES IN LAW AND CURRENT LEGAL RESEARCH PROJECTS Lista by subject unpublished theses and diBSertations accepted by accredited American 1a.w achools during the indicated academic year and legal research projects in prog.ress at the time of publication. No.1 1954 $1.50 No. 2 (Bupp. A) 1953-54 1954 S0.50 No. 3 (Supp. B) 1954-55 1955 $1.00 No. 4 (Supp. C) 1955-56 1957 Sl.50 No. 5 1956-57 1958 $2.00

REPRINTS FOR LAWYERS REPRODUCTION SERIES No. 1. LAW OFFICE MANAGEMENT, by Philip S. Habermann (Re- printed 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

30 No. 3. YOUR LEGAL FACTS: INFORMATION FOR YOUR ATTOR­ NEY, by Louis M. Brown (Reprinted from The Practical Lawyer, October, 1957) . A convenient place for the client to record information needed by his attorney ...... $0.75 No. 4. JUSTICE FOR THE MENTALLY ILL, by Nicholas N. Kittrie (Reprinted from Journal of the American Judicature Society, August, 1957) ...... 50.Z6 A general discussion of a serious legal problem and a summary of the project in progress at the American Bnr Foundation. No. 5. LIABILITY FROM THE USE OF SUB H1.... rED IDEAS, by George J. Kuehn! (Reprinted from the Business Lawyer, November, 1957). A useful o.nd well documented presentation of an el111Jive sub- ject...... i 0.50

INDEXES No. 1. Intlex of Legislative Resolves of t he American Bar Association (1937- 1Y56) in the annual reports (volum es 62-81), A£F, April, 1958 . . $0.25 No. 2. Admi.nfatrative Law Bulletin ol Administrative Law Section of the American Bar Association; an inde."< and table of cases (Volumes 1-9; January, 1947-J uly, 1957), ABF, .December, 1957 ...... $0.25 No. 3. The Business Lawyer of the Section of Corporation, Banking and Business Law of the American Bar ABSOciation; an index to the Busi­ ne88 Lawyer (Volumes 1-12; J uly, 1946-July, 1957). ABF, July, 1957 ...... $0.25 No. 4. American Bar Association, Section of Rea.l Property, Probate and Trust Law; index to publications of the section, 1934-1955. American Bar Center. 1956 ...... $0.25

MICROREPRODUCTION SERIES Reissues on microfilm and microcard of out-of-print bar association publi­ cations. No. I. 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 microcards set S 4.00 No. 3. OKLAHOMA STATE BAR JOURNAL. Vols. 1-10, 1930-1939. 3 reels microfilm eet $20.00 No. 4. BENCH AND BAR OF MINNESOTA. 8 Preliminary Nos., 1928- 1930, and Vols. 1-8, 1931-1940. 1 reel microfilm eet S 2.00 No. 5. BENCH AND BAR OF MINNESOTA. Vols. 1-6, 1943-1949. 2 reels microfilm set $15.00 No. 6. "HOOVER COMMISSION" TASK FORCE REPORT ON LEGAL SERVICES AND PROCEDURE. PART VI. APPENDICES AND CHARTS. February, 1955. A reissue of Part VI which originally wae published by the Commis­ sion on Organization of the Executive Branch in a limited mimeo­ graphed edition. 24 microcards or 1 reel microfilm set $ 3.00 Order all publications from: CROMWELL LIBRARY AMERICAN BAR FOUNDATION 1155 East Sixtieth Street Chicago 37, Illinois

31