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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.

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