6 Law Student 1 (1928-1929)

handle is hein.journals/lwstud6 and id is 1 raw text is: 





THE


LAW


STUDENI


                                 A Magazine for Students and Lawyers

VOL. V1, No. I  The  1928, by  BROOKLYN, NEW YORK      24 Pages   SEPTEMBER 15, 1928


PRACTICE BEFORE THE DEPARTMENTS OF THE
                 FEDERAL GOVERNMENT
                                By
  Roger O'Donnell, Esq., of the District of Columbia Bar


j


  The average member of the legal introduced upon which more or
profession who practices in one of less extended hearings are held by
the forty-eight States of the Union the committees of the Senate and
probably entertains the idea that House of Representatives. Upon
the practice of law in the District all of these measures involving en-
of Columbia is restricted to the croachment upon     some existing
local courts-that most of the legal right, actual or supposed, interest-
work incident to handling business ed parties are permitted to appear
to which the United States Gov- and in most cases be represented                         . 4
ernment is a party is transacted in by counsel, the filing of briefs and
the Federal Courts sitting through- discussions of the law being of
out the country. However, such very common occurrence. Many
an idea is so far from the truth important     interests  constantly
that it may probably be stated maintain counsel in Washington,
without the fear of contradiction to keep in touch with legislation
that the major part of the legal affecting their affairs and to safe-
work touching upon business with guard these rights to' the fullest JUDAH      PHILIP     BENJAMIN
the Federal Government is, and of extent possible. Congress is an in-          1811 -1884
aecessity must be, prosecuted and tensely  human   institution, and         Biography on page 9
:arried on   in  the District of never refuses to receive informa-
Thlumbia.                         tion and enlightenment in the fram-
The Legislative Establishment     ing of legislation. This field for       A LETTER FROM
                                  able lawyers is in no sense what           DEAN CARUSI
  Of the three great co-ordinate is known as lobbying; on the
)ranches of the Federal Govern- contrary, it is legitimate legal work Editor The Law Student:
nent, as established by the Con- and operates in the public interest   I have read with interest Professor
;titution of the United States, of quite as much as for the benefit of Wormser's article in your May num-
:ourse all of the Legislative work those directly affected, for it is ber of The Law   Student, entitled
s centered in the District of Co- obvious that it is better to assist Overcrowding the Legal Profes-
umbia and at every session of the in  furthering the enactment of      o. the extent that any profession
?ongress there are countless bills good and wise legislation than it may have a percentage of incompe-
                                  is to bring about the repeal of that tent and dishonest practitioners, it is
                                  which has been enacted and found   unquestionably overcrowded to just
      In   This Issue             bad or destructive,                that extent.
                                                                       I have seen some statistics recently
                                     The Judicial Establishment      published by the Carnegie Foundation
  Practice before the Depart-                                        which indicate that over a period of
    tTurning to the Judicial branch                                  ten years last past, the number of
    ments of the Federal Gov-     of the Government, we find that practicing lawyers in America per one
    erment ............. ....1I
         er oer ...... .1 the court of last resort-the Su- thousand of population has decreased
         Roger O'Donnell          reme Court of the United States    slightly. This was a great surprise to
                                                                     me, but the work done by the
  News of the Schools ......... 1 sits only in Washington, and the   Foundation is so reliable that I think
  Bar Examination Statistics...  2 thousand and one details, incident there can be no question of the ac-
                                  to practicing  before that court curacy of its figures.
  Bar Admission Requirements. 3   ought to be attended to by practi-   The thing of very great importance,
                                                                     however, pointed out by Professor
  Educational Requirements for    tioners located in the District of Wormser, to wit: the prevalence of
    Admission to Legal Practice  3 Columbia, who are usually asso- and the evil involved in our contin-
  The Law Student's Digest.._. 5  ciated for that purpose by and     gent fee system in this country, is
                                  with the counsellors in the States such that the whole problem deserves
         Gray Tells How.   .7     whence the cases                   thoughtful study with a view to pos-
  Lawyer Goriginate.                                                 sible remedy.
  Legal Ethics ................  9   The United   States Court of      I have been more or less in active
                                  Claims is situated exclusively in  practice for more than thirty years,
  Judah Philip Benjamin....... 9  the District of Columbia and, un- and it is my deliberate opinion that
  Comment on Cases .......... 14  der what is known as the Tucker nothing has so degraded the legal
                                                                     profession in the eyes of the laity, has
  Cases of Interest ............ 16 Act, has sole jurisdiction in actions so demoralized practitioners, and is
                                   ex contractu, where the sum   in  so fundamentally responsible for the
  Bar Examination Questions... 18  controversy is above $10,000; up  abuses which have brought discredit
  Outlines for Review Series. .20,21  to that amount, the United States upon the legal profession of the
                                                                     United States, as that form of specu-
  BookDistrict Courts have concurrent lation in litigation which is involved
                                  jurisdiction. Practice before the in the contingent fee oractice.
                                        (Continued page 10, col. 1)       (Continued page ?3, col. 3)


NEWS OF THE
      SCHOOLS
          College of Law
The Tulane University of Louisiana
         New Orleans, La.
  The Tulane University of Louisiana
is the successor of the University of
Louisiana, established in 1847. It was
incorporated with its present oiganiza-
tion in 1884 and the name of Tulane
added to perpetuate the memory of the
public spirited citizen who endowed it.
The College of Law was established in
1847. It has conferred diplomas on
more than sixteen hundred graduates.
  The new home of the law school is
a modern stone, fireproof building. It
is constructed of Indiana limestone,
containing three stories in which are
located the rapidly growing law library,
classrooms and separate offices of the
resident professors and librarian.
  The faculty of the Tulane College of
Law is composed of five full-time resi-
dent professors, in addition to several
leading practitioners of the City of New
Orleans who have been selected on ac-
count of their expert knowledge in the
particular subjects that they teach. The
following is the faculty with the name
of the law school in which they received
their training:
  Rufus C. Harris, Dean (Yale).
  Newman F. Baker (Chicago).
  Frederick K. Beutel (Harvard).
  H. Milton Colvin (Yale).
  Charles E. Dunbar, Jr. (Harvard).
  Rufus E. Foster (Tulane).
  Monte M. Lemann (Harvard).
  Sumter D. Marks, Jr. (Tulane).
  Eugene A. Nabors (Yale).
  Walter J. Suthon, Jr. (Tulane).
  Edmond E. Talbot (Tulane).
  Delvaille H. Th6ard (Tulane).
  Ren6 A. Viosca (Tulane).
  William W. Westerfield (Tulane).
     (Continued page 4, col. 1)

   BENJAMIN F. DUMONT
     Literally thousands of law
   students throughout the United
   States will learn with sincere
   regret of the passing of Ben-
   jamin F. Dumont, more famil-
   iarly known as Ben.
     Starting as a page boy dur-
     ing school vacation in June of
     1909, he continued with the
   publishers of Corpus Juris-Cyc
   until his untimely death which
   occurred last month.
     In recent years, Mr. Dumont's
   activities have been largely de-
   voted to educational work in
   Legal Bibliography among the
   students of law schools located
   in Pennsylvania, West Virginia,
   Ohio and Missouri, though his
   name will be familiar to many
   students throughout the major
   portion of the country, as he
   has visited in mte than half
   the law schools of America.

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