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11-15 Harv. L. Sch. Rec. 1 (1950-1952)

handle is hein.journals/hlrec1115 and id is 1 raw text is: Law and Graduate Center Commemorative Issue (See Insert)
The Harvard Law School Record



Four students at the Harvard Law Sc
Center in the Chauncey Earle Wheele
Providence lawyer who died in 1948.
S. Backman, Melvin L. Zurier, David (
Providence. The Wheeler Room, whic
meeting room and moot courtroom for
one of the seven new dormitories.
Grad Center Will
Honor Memory Of
Prominent Alumni
Lounges, living quarters, and the cen-
tral court named after prominent alumni
will be highlighted at the formal open-
Ing of the Graduate Center. These areas
have been donated by relatives, friends,
associates, and clients as a tribute to the
men whose name they hear.       .
Students relaxing in the lounge at the
southeast corner of the Commons Build-
ing pay tribute to the name of Robert
Taylor Swaine (LL.B. 1910). The Rob.
ert Taylor Swaine Room was donated
by members of the New York law firm
of Cravath, Swaie & Moore as a memo-
-rial to their respected senior parther.
This room houses the grand piano, radio-
phonograph and comfortable furniture.
Robert Taylor Swalne was born u
1886 in lingley, Iowa. After working
his way through the University of Iowa,
where he was elected to the Phi Beta
Kappa and Delta Sigma Rho Honorasy
societies, Mr. Swaine entered Harvard
Law School In 1907. In his senior year,
Mr, Swalne became president of the
Harvard Law Review, 'Graduating in
1910, cum laude, Mr. Swaine received
the Samuel Phillips Prescott Fay Di-
ploma, awarded annually to the, law
PBH Loan Library
Meets Big Demand
Termination of benefits under the GI
Bill aid an influx of new students with-
out government aid has caused an un-
paralleled demand on the loan library
of the Law School committee of Phillips
Brooks House.
The library functions to provide books
for students who are financially unable
to purchase texts of their own. Because
of the increased demand this year, the
committee allotted $600 of its funds for
the purchase of new books. The num-
ber of books bought was equally divid-
ed between first, second, and third year
According to Sidney Kess, 3L, Treas-
urer of the Committee, the increased ex-
penditure permitted almost all requests
for text loans to be satisfied, In anticl-
pation of an additional demand next year
the committee Is instituting a program
to encourage second and third year men
to loan their books to underclassmen for
one year through the facilities of the
committee, In that way It is hoped that
men who wish to keep their texts might
make them available to students who
are unable to purchase books.

nsool, gather at Harvard's new Graduate
r Room, named io honor of a prominent
Seated at the table (left to right); Myles
Rothman, Theodore A. McCabe, all of
eh will serve both as a lounge and as'a
law students, is located in Holmes Hall,
graduate who shows the most promise
of professional success.
Entering private practice in the Fall

Friday Dedication Ceremonies To Mark
Formal Completion Of Graduate Center

With this issue of TnE REcuns, we
are distributing a questionnaire for
the Survey of the Legal Profession to
determine the attitude toward student
loans. Please fill in the questionnaire
and return the completed form to the
RECnOU boxes either in Austin or
Langdell South before 5 p.m., Friday,
October 6.
THr RECOn  still has a number of
positions open on its News, Features,
Editorial and Business staffs. Com-
missions will be paid to men on the
advertising staff. All men interestud
should leave their names in THE
REconu office on the third floor of
Austin Hall.

Socio-Economic Ap,
Favored By Transf4

of 1910 with the firm of Cravath, Hen-  As Jesse I. Dukeminier ex '49 pre-
derson and deGersdorff in New York ificted, his classes at Yale did not inter-
City, Mr. Swaine soon became a special- fere and ie was able to find time to
1st in problem  of corporate law and write this comparison of Yale and Her-
finance, consolidations and eorganiza- yard, both of which law schools 1e
lions. Within a short tim  he became attended. Mr. Dnkeminler is a Mississip-
IContinued on pagf¢ four)  plan and a veteran of the Army and one
lW el              year at the Harvard Law School.
Griswo                  comes          There' are certain suppositions about
,Harvard Law   School end--Yale Liw
F     st. Year         Group         School which, while true or false, repe-
Members of the entering class received tition has accorded a certain validity.
their official welcome from Dean Erwin Among these stereotypes: Harvard turns
N. Griswold on Tuesday, September 26, out brilliant practitioners, Yale potential
in the courtroom of Langdell Hall. Dur- judges and  administrators; Harvard
ing the course of his remarks, the Dean follows the logical, analytical approach
surveyed 'the history of the law school to law (which is called conceptualism
since the end of the war, explained the in some circles), while Yale has adopted
changes that have taken place in the the policy approach (which also comes
admissions policy in the past fourteen in for its share of deprecation); in New
years, and 'commented upon the ideals Haven one learns that men are governed
of the school,                       by men under law, not by Law and
Calling attention to the present world God; Harvard is philosophically corm-
situation, Dean Griswold expressed re- mitted to the proposition that the Law
gret that he could not welcome the first- is something unto itself; quite to the
year class under less strained circism- contrary, the Yale Law School is com-
(Contisud on page eight u    mitted to the hypothesis that law can
be understood only as part of the societal
'Record' Requested                   process. Anything I might say about
the educational objectives which cause
By      3,707        Alumni; such assumptions would undoubtedly.
be banal, since they have been exten-
sively discussed by, among others, Pro-
Poll      Held        Success fessor McDougal in the Yale Law Jour-
With the tabulation almost complete, nal and Professor Leach in the Journal
8,707 members of the Harvard Alumni of Legal Education. A discussion of
Association have requested that their educational philosophy had best be left
subscriptions to the HAvAna LAw SCHOOL to the professionals in the field.
REcoen be continued on the usual week-      Horizontal Approach
ly basis as part of the prerogatives of  My remarks, then, are restricted to a
membership. Negative responses totaled subjective evaluation of the effect of
687'while 2,696 failed to respond.   these pedagogical policies on a student
During July and August 7,090 ques- who has observed legal education hori-
tionnaire postcards, return postage paid, zontally and not vertically. With this
were sent out asking members whether limitation in mind, perhaps sitting on a
or not they desired to continue having double edged razor will not be so un-
THE RECono sent to them each week. It comfortable. If at times I lean heavily
was made clear that the dues they paid to one side of the razor, it is because
would remain the same regardless of of a belief that flattery is never pro-
their decision concerning THE REconm. vocative.
The Association is seeking to economize  To teach anything well, it seems to
by not sending the newspaper to those me, a teacher must catch, then stimulate
who do not read it.                  and develop, a student's interest. A
The Association established the con- typical law student comes equipped with
elusive presumption that those who an A.B. degree and an interest geierated
failed to return the questionnaire indi- from a desire to study law but with only
cated that receipt of TsE REcono was a vague notion of what this study en-
not desired,                         tails. Just how does Harvard catch the
Of the 687 who asked to have the student's interest? By throwing before
subscription terminated, a very large him Lord Coke, tse courts of Massa-
number, perhaps a majority, expressed clusetts and of New York, and cases
praise for Tim REcon  but regretted that that must be read ad fnfinituin and, to
the press of business left them no time some, ad nauseum. By dissecting, prob-
for such reading, said Mrs. Lily Ban- Iag, and analyzing these cases the stu-
well, Association Secretary in charge of dent soon thinks like a lawyer or, put
the polling,                         otherwise, develops a tough analytical

proach At Yale Law
eree From HarvardI
mind. But, like a knife, the student's
knowledge can cut only one way-in this c
instance, down. Does he sacrifice a de-
sirable breadth of vision in exchange for
this depth?  Would not a better law s
student, and lawyer, be one who stops I
to be aware of, and is interested in, what
he is doing for the client and the public? t
The Yale Approach            I
Yale, on the other hand, makes is defi-I
nite attempt to catch the student's in- 1
terest and throws itself open, perhaps, f
to the criticism of spoon feeding. The S
student is taught that the law is a dy- d
namic mechanism which he may one
day have the power to shape; he explores
the cases to find that the courts often do
not do what they say they do and then
the problem becomes one of finding out
what they really do. As trite as it may I
sound, there is an element of high ad- n
venture in the law as seen through the f
Yale kaleidoscope.
Obviously there is not a consistent
difference between the type of student
who goes to Harvard and the type whoI
inhabits  New   Haven's  gingerbread
Gothic, and I doubt if there is much
difference between them after they pass i
the bar examination. What is all the b
fuss about then?  Yale simply thinks I
that is is better to teach law allied with
the practicalities of the social process, L
(Continued on page eight)  /  t
Reducators List i,
Met With Derision if
/                        It
If Professor MacLachlan is a Red,
I'm the Queen of Sheba. This charac- a
terized the reaction of a high University t]
official to the National Council for Amer- n
ican Education list of Red-ucators at
Harvard. A week ago, Cambridge coun-
cilman Lynch brought out the two year
old list. TnF REcons's source, wbo did
not wish to be named, termed the list as J
completely indiscriminate and evideoc- '4
ing complete unreliability. He noted F
the NCAE as extreme right wing and as  e
having no conception of what they are
doing. The fact that Professor Mack
DeWolfe Howe was mistaken for his    ,
father indicates its inaccuracy.    ol
Professor MacLacblan called the list
utterly irresponsible. The government Ir
of Cambridge is too far left for me, I am tr
a right-wing Republican. About the only -4
activity I have engaged in lately hs been p
the Atlantic Union committee whose par- D
pose is to unite Western nations in the Je
light against Communism.           (I
Professor Chafee, on being asked to in
reply, noted, Better be damned tihan not Ys
(Continued on page five)

President Conant Tops
Program of Speakers;
Expect Large Turnout
At formal ceremonies Friday, Octo-
ber 6, 1950, at 4 p. in., the newly con-
tructed Graduate Center at Harvard
University will be dedicated.
The occasion marks the completion of
the five Law School dormitories, Dane,
itory, Shaw, Ames, and Holmes, the two
Graduate School dormitories, William
ames and Theodore W. Riehards, and
he Harkness Commons Building, The.
Center is the first effective answer to
the long realized deficiency in living,.
ecomodations and social facilities for
tudents at the Law School and Gradu-.
te School.
Participating in the ceremony will be
ames B. Conant, president of the Uni-
versity; Erwin N. Griswold, dean of the
Harvard Law School; Willard L. Sperry,
lean of the Divinity School; Provost
Paul H. Buck, Dr. Walter Gropius,
hairman of the Dbpartment of Archi-
ecture at Harvard and designer of the
Center; John B. Marsh, Esq., and Mal-
olm Pirie, Esq.
President Conant will preside at the
dedication activities; Dr. Gropius will
peak on behalf of The Architects Col-
aborative; Mr. Marsh for the Harvard
Law School Fund; Dean Griswold for
he faculty and students of the Harvard
Law School; Mr. Pimie for the Harvard
Foundations for Ahdvanced Study and  
lesearch; and Provost Buck for the
aculties and students of the Graduate
chools in Cambridge. Dean Sperry will
eliver the concluding benediction.
Law Students Invited
The speaker's platform will be located
is the center of the Lansing R. Reed
lemorial which contains the sunken
ardens. The stand will face the Hark-
jess Commons building. Chairs will be
rovided along the patio for those who
(Continued on page three)
Honor Groups List
New Men Selected
The twety-five men standing highest
n rank in the present second year on the
asis of the results of the examinations
n June have aecepted invitations to
oin the Editorial Board of the Harvard
aw Review. In addition ten men from
he third year, selected on the basis of
heir overall record also have accepted'
nvitations. Some of these move up
rm the Board of Student Advisors and
he Legal Aid Society. These other.two
onorary groups have also made their
elections from high ranking second and
iird year men. The minimum grade
ecessary this year for second year men
vas 74 per cent.
The new second year members of the
w  Review  are Charles L. Barnes
Princeton '49) of Chattanooga, Tenn.;
ohn J. Connel (George Washington
9) of Washington, D. C.; Bertram H.
ields (U.C.L.A. '49) of Beverly Hills,
al.; Herbert L. Galant (Wisconsin '49)
f New York,. N. Y.; Allan E. Gotlieb
California '49) of Winnipeg, Canada;
also Hand (Yale '48) of Cambridge,
lass.; Matthew C. Herold, Jr. (Yale '49)
f Scarsdale, N. Y.; John R. Hupper
Bowdoin '49) of New York, N. Y.;
ving Jacobson (Harvard '49) of Day-
*n, Ohm; William J. Kirby (Harvard
7) of Kewanee, Ill.; Andrew B. Kirk-
atrick (Davidson '49) of Wilmington,
el.; William T. Nyland (Yale '49) of
rsey City, N. J.; John H. MeEvers, Jr.
Kansas '49) of Kansas City, Mo.; Her-
an J. Merinoff (Syracuse '49) of New
ork, N. Y.; Stanton S. Oswald (Pennsyl-
(Continued on page eight)

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