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16-21 Harv. L. Sch. Rec. 1 (1953-1955)

handle is hein.journals/hlrec1620 and id is 1 raw text is: The Harvard Law School Record VOL. 16 No. 1 Review To Survey Immigration Laws As a Republican administration takes over the government, Robert W. Gin- nanes of the Solicitor General's Office of the Department of Justice discusses The Control of Federal Administration by Congressional Resolution and Com- mittees, in the lead article of the next issue of the Harvard Law Review, to be released next Tuesday. Donald C. Cook, Chairman of the Se- curities Exchange Commission, and Myer Feldman, Special Counsel to the Commission, follow with their second article on Insider Trading Under the Securities Exchange Act. The remainder of the Review is de- voted to student discussion of Immi- gration and Nationality. Trouble Forecast According to Ginnanes the real fight in Washington may not be between the two parties but between the President and Congress. The Reorganization Act of 1939 provided that concurrent reso- lutions submitted by the President need not go back to him for approval or veto. After a study of the records of the Con. stitutional Convention, Ginnanes feels that all resolutions with a few limited exceptions should be sent to the Presi- dent and be made subject to his veto. He goes on to criticize the fact that federal administrators must often come into agreement with Congressional com- mittees prior to taking specified action. The Cook and Feldman article dis- cussing Section 16B and C of the Securi- ties Exchange Act deals with the prob- lem of determining the profit realized (See REVIEW on page three) CAMBRIDGE, MASS., THURSDAY, FEBRUARY 5, 1953 terim, were the sudden illness of Prof. Manley 0. Hudson and the rumor that Prof. Archibald Cox might succeed Presi- dent Conant. Prof. Hudson, Bemis professor of International Law in the Law School, was taken ill early in January and Is presently in the Phillips House of the Massachusetts General Hospital. As- sistant Professor Louis B. Sohn is taking Professor Hudson's seminar in Interna- tional Labor Problems and Visiting Pro- fessor Clive Parry has assumed Mr. Hud- son's course in International Law. Mr. Parry is also taking Mr. Sohns place in Case of J. S. Truly Representative Of Voluntary Defenders' Procedure A few weeks ago the Case of J. S. J. S. was bom in Italy in 1897. He was closed. To the Voluntary Defend- came to this country and served is the ers it was just another job well done, Navy during the first World War. to be buried in the file In Gannett House Shortly after his honorable discharge, he and forgotten. To anyone unfamiliar became involved in a dance-hall brawl with the activities of the student mem- in the course of which he killed a bers of the Harvard Voluntary Defend- patrolman of the Boston police. He was ers, however, the Case of J. S. may duly tried and convicted of murder in serve as a good introduction to their the second degree and sentenced to im- work. prisonment for life. As of last summer, The case really began last summer he had served 32 years of this sentence. when Prof. Sheldon Glueck, having re- Pardon Denied 10 Times ceived a letter from the sister-in-law of Ten times J. S. had applied for a J. S., referred it to the Voluntary De- pardon; ten times his petition had been fenders. A third-year student was as- denied. Despite the fact that J. S. had signed to the case. His first job was no previous criminal record, and that to interview the author of the letter, his prison record was good, J. S. could then to interview J. S. From these in- not obtain a pardon because of the terviews he was able to gather the fol- tradition that pardons were never given lowing facts: to cop killers. Convinced that J. S. merited execu- tive clemency, but that due to his New Endowments poverty he was unable to retain legal counsel to plead his case, the Voluntary Given Law School Defenders decided to help him. Then followed weeks of painstaking The Harvard Law School Fund has investigation. First came an interview received a gift of $15,000 from the with the Executive Secretary of the Cov- Cleveland Pneumatic Tool Company to ernor's Council in order to learn the endow the Lawrence E. Green Memorial machinery for obtaining a pardon. Scholarship, Dean Erwin N. Griswold Then came Interviews with the mem- has announced. Mr. Green, a graduate bers of the various agencies participating of the School In the Class of 1921, was in the pardoning process, such as the a partner in the firm of Hale & Dorr in Department of Correction, the Parole Boston until his death in the spring of Board, the Attorney-General's office, the 1952. As a practicing lawyer, Mr. Green Warden, the Chaplain of the prison. contributed much toward improving Factors for and against the pardon had and developing the cooperation between to be analyzed and considered in rela- lawyers and businessmen. tion to J. S. Then began the task of Pinanski Fund Gift marshalling the evidence; finding and proving the facts that would establish A gift of $128.30 from the Abraham the desirability of his pasdon. E. Pnanski Memorial Fund has been ad--its Necessary received to be used in support of the Affidavits from his fanily were se- seminar in Medico-Legal Problems. cured, showing that he had a good home Judge Pinanski, Class of 1910, was a ol the outside. Affidavits from the member of the Superior Court of Massa- Warden were secured testifying to the clusetts at the time of his death several good sehavior of J. S. in prison. These years ago. As a jurist particularly in- affidavits proved to be of particular im- terested in the relationships between portauce, since a major factor in each medicine and law, Judge Pinanski gave of the previous denials had been a bad strong support to medico-legal study record. during his lifetime. (See DEFENDERS on pag. ro,) Prof. Jaffe Critica Urges Reform Of The principal evil of the McCarran Immigration Act was that it continued the policy of its predecessor legislation, Prof. Louis L. Jaffe of the Law School said in a talk at the B'nai Brith Hillel Foundation here Sunday night. On the administrative side, he termed the Act a bacchanalia of meanness, repeating a statement he had previously made before the President's Commis- rauLa. L5~51 5..WAU st or Immgrauon. he agreed, is impractical if we are to preserve our present standard of living. However, he criticised the present dis- proportionate large quotas for people of Nordic origin. Prof. Jaffe suggested that the present national quota system continue but that the quotas be based more on population and less on a theory of racial superiority. President Truman's Commission recommended the abolishment of the national-origin quota completely. The Commission's system would take 30 per cent of our immigrants from each of the following groups: displaced persons, relatives of citizens and residents of the United States, and laborers needed here. Tbe remaining 10 per cent would be Louis Jeff,, admitted on a free quota. (Se FORUM ,onpa tour) New Board Rates The price of transient dinners and lunches were each reduced five cents in price, and the weekly board rate at the Commons was cut 50 cents. The price reduction, which was announced last week, became effective Sunday. Dinners are now priced on a scale from 95 cents to $1.05. Lunches at the Commons will cost transients 80 cents. Breakfast will remain at the present price of 65 cents. The gen- eral reduction was made possible by earnings made in the first part of the year. ELUSIVE QUARRY: Creditors Rights 4gainst Fraudulent Debtors (This article was written exclusively for the Rlcor by that such is the case, acts of bankruptcy other than this Maxwell S. Mattuck, LL.B. '17. Currently in private practice, one more usually form the bases for creditors' Involuntary Mr. Mattuck has been Assistant U. S. Attorney for the bankruptcy petitions - as for example the admission in Southern District of New York, Chief of the Criminal Divi- writing by the debtor of his willingness to be adjudged a sion in 1925, Chairman of the Special Committee of the bankrupt. National Crime Cosmisson from 1927 to 1930, and author of Assuming that this initial step has been taken and the several articles on the legal aspects of commercial frauds.) debtor's affairs have been brought under the jurisdiction of What are a creditor's rights when .. -l --. the courts, a trustee is elected (or ap- commercial fraud is involved and what i pointed) and becomes charged with the are the means and methods of enforcing duty of marshalling the debtor-bank- them? rupts assets. (For all practical purposes Some basic assumptions are implicit we will consider the trustee as repre- in the question: credit has been given; . j '! senting creditors' rights and interests.) the debtor has defaulted in payment; 1 He retains counsel and the job of in- the creditor has reason to believe that vestigating the debtor-bankrupt's affairs the default is thSe result not of a tern- 4 is thereupon begun. It is now that porary or an innocent financial embar- creditors, oftentimes through a commit- assment but of an attempt by the debtor 7.i tee organized by them, can in coopera- to defraud. tion with the trustee and his attorney The obvious first step is to institute learn whether or not fraud of any kind involuntary bankruptcy proceedings has been committed by the debtor dur- against the debtor. (The debtor him- ing his management of the bankrupt self may have anticipated such an even- - business. This fraud may be of various tuality by a voluntary bankruptcy pro- sorts used in combination or separately ceeding or by some form of petition forI ' . : such as the issuance of a false financial an arrangement or reorganization.) The -. statement to secure credit, transfers in institution of such proceedings requires fraud of creditors, the concealment of that an act of bankruptcy shall have assets. For the purposes of tsis article been committed by the debtor. What constitutes su' a we shall discuss the last named fraud as being the most act is set forth in 11 United States Code, Section 21. Tse ncountered and as perhaps the most typical. fraudulent concealmeut of assets is ome suc act of bank. The first right that the creditors have and will assert ruptcy but, since at best the creditors at this stage of the against the bankrupt is the right to examine him on the proceedings are not likely to have more than a suspiiois detailed management and operation of the business which (See FRAUD I gie fou,) Illness Causes Prof. Hudson's Absence Prof.. Cox. is Mentioned As Possible Successor To Conant; Law School Position Held A Drawback While the REcoRm was busy taking assisting Professor Bowie in the seminar exams, along with the rest of the second on Legal Problems of Federalism. and third year classes, the Law School Cox In Rumors was still supplying news. Notable among the events which occurred in the in- Prof. Archibald Cox, former chairman of the Wage Stabilization Board, and - currently teaching in the Law School, has been often mentioned as a possibility for the office of President of Harvard, left vacant by the appointment of James B. Conant to the post of High Commis- sioner to Germany. Conant's resigna- tion, to take effect on September 1, has opened the door to speculation on a _Z4 successor. Opposition to the nomination of Pro- fessor Cox is expected to arise chiefly because of his position as a faculty mem- her of the Law School rather than of the College. Other views on the course of other grOsthan Hvars College action to be taken by the electors, how- ever, suggest that. past presidents, no- tably President Eliot, were called from Manley Hudson %. . or other groups than Harvard College. Denham, Cox To Head Panel On Taft-Hartley Amendments Robert Denham, Prof. Archibald Cox, Leslie E. Woods, and David Feller will try to answer the question What Shall We Do With Taft-Hartley in the first Harvard Law School Forum of the year. Prof. Donald H. Wollet will moderate the Forum which will be held tomor- row night at 8 in Rindge Tech High School. The Forum will be directed towards a discussion of Sen. Robert A. Taft's re- cent proposed amendment to his own still controversial legislation. Labor's views on these amendments will probably be expounded by Mr. Feller, LL.B. '41, who is assistant general counsel of the Congress of Industrial Organizations. Mr. Woods, director of Industrial Re- lations for the Raytheon Manufacturing Corp. of Waltham, will express the in- dustry viewpoint. He is also chairman of the Industrial Relations Committee of the Radio and Television Manufacturing Association, and serves in a similar capacity for the Boston Chamber of Commerce. Robert Denham Mr. Denham, who was the first gen- ____________ eral counsel of the National Labor Re- lations Board, seems to personify much I Of M cCarran Act of the feeling pro and con on the present Act. While in that office he achieved Our Quota System much prominence by his persistent Professor Jaffe explained that the Act charges of unfair practices against had been the result of five years of study unions, though he was much slower in on how to improve an admittedly poor his actions against violations by man- piece of existing legislation. The re- agement. suiting continuance of the policy of dis- In fairness, It should be pointed out crimination because of national origin that Mr. Denham's apparent discrimina- naturally makes the Act a failure, in his tion was caused by strict compliance estimation, with the Act, which gives priority to charges against unions. He also served Quotas Needed for 13 years as a trial examiner for the Completely unrestricted immigration, NLRB. irskuln A=a %1XWAQ

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