Northwestern University School of Law
Report
of the Dean of the Faculty of Law
on an Educational Survey 1925
McKinlook Campus, Chicago
For private circulation only
October, 1927
lietter of Transmission to the President of the University
September 15, 1927»
Dear President Scott:
Herewith I hand to you my "Report on an Educational Survey
of the School of Law, 1925". This Survey had been intended to
be the subject of a joint Report by a Committee of five persons;
but the Committee lost the benefit of participation of two of
its members (one by deoease), and various circumstances combined
to prevent meetings and deliberations of the remaining members
during the year 1926, when the data had been assembled. It seems
therefore desirable to place in your hands the assembled data
with my comments, as a basis for obtaining such further comments
as you consider usefull.
Two or three Tables have been brought down to 1926-1927;
the remainder are brought down through 1924-25; the compilation
having been ready for the Committee in January, 1926. Owing to
the special terminology of the law curriculum, and the various
peculiarities of legal education, it was of course necessary
that the labor of compiling these data by a search of our records
for the past two or three decades should be entrusted to a
graduate of a law school, preferably one of our own alumni.
Most of the tabulations in Part C were made by Mr. Geo. E. Billettf
T24; in Table C6, by Mr. George H. Weinmarm, '24; and in Parts
B and D frequiring some aequaintanee with the history of the
School) by the undersigned.
The text of this Report {except Parts P and G) was cir¬
culated for comment among the resident members of the Faculty
of law in January, 1926. The statements of fact as to our
practices, and in a general way the statements of policies and
comments thereon, have their approval. But they are not committ¬
ed to any particular statement of opinion made by me in this
Report. Wherever an opinion expressed by me was known to be my
individual one only, I have so stated.
It is believed that this Report is the first comprehensive
educational survey made of any American law school.
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Contents
Part A. General Policies
1. Origin of the Report
The Council Plan
The Committee
2. Statement of Objectives of a
University Law School in General
Two General Aims
Legal Science
Legal Eduoation
3. Statement of Objectives of
this School
Statement of 1915-16
Legal Science
(A) Subjects of Research
(B) Modes of Imparting Results
Legal Education
(a) Prospective lawyers
(A) Preparation for practice
(a) Varying standards of technical fitness
(b) Specialties
(c) Practice in the local State
(d) A Profession, not a trade
(B) Preparation for the bar examinations
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Page
(C) Placement of gràduates 33
(2) Practising lawyers 33
(3) Non-lawyers - 34
(a) Training in special lines 34
(b) Intellectual discipline 35
(4) Cultivstion of legal science, for the entire
legal profession 36
(5) Public service training 37
4, Statement of Educational
Methods of this School
(a) Academic freedom of the Faculty 38
(b) Limitation of numbers of students 39
(c) Progressiveness in method 40
(A.) Modes of Mental Activity for the Student 41
Learning by doing vsv learning by reading 41
(B.) Sources of Reading Assigned to the Student 43
Original vs. Secondary sources; the case-method
(C.) Modes of Gonduot of a Class by the 47
Instructor
Lecture, recitation, discussion, etc.
Examinations 49
(L,) Scope of Topics covered by the Courses
(1) General range 50
(2) Economics and political science 51
(3) Fractionized subjects 52
(4) Substantive law and procedure 53
(5) Technical and non-technical subjects 53
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Section
34
(E«) Method, in Specific Courses
Page
54
40
Part B. The Faculty
55
41
(X.)
History of the Faculty
56
42
(II)
Administrative Department
63
43
(III)
Contributions to Professional Public Service
67
44
(IV)
Editorial Service
71
45
(V)
Other Contributions to Legal Literature
75
46
(VI)
The Summer Term Faculty
127
(VII)
Pedagogic Analysis of Personnel
131
47
1.
Humber of Faculty members (Table B 1)
131
48
2.
Burden of Instruction (Table B 2)
132
49
3.
Length of Service (Table B 3)
134
50
4,
Prior Experience (Table B 4)
134
51
5.
Prior Legal Education (Table B 5)
136
52
VIII. Mode of Selection of the Faculty
136
53
(2)
Scope of Selection
138
54
(3)
Term of Appointment
141
Part C. The Curriculum
55 (1) Humber of Years 145
(1. History
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Section Page
56
2.
Weekly hours
146-
57
3.
Unit
measure of credits
147
58
4,
The Four-year Law Curriculum
149
(a)
History
59
(b)
Reasons for adoption
150
60
(c)
Causes for the Association's
failure to adopt
156
61
(II.)
Quantitative Analysis of Instruction-hours
160
1.
Total
(Table
Curriculum, in Semester-hours
! CI)
62
2.
Biennial Alternation of Courses
163
(III) Analysis by Status of Instructor (Table C2)
63 1. Resident and Non-Resident Members 165
64 2. Non-resident voting members 166
3, Non-resident non-voting members
4, Other members
65 5. Ratio of non-resident to residents 166
66 6. Reasons for preserving th6 non-resident
element 169
(IV) Analysis by Prescribed and Elective Courses (Table C3)
67 1» Kinds of Prescribed Subjeots 170
2# P2 courses
68 3*. PI courses 173
69 4. P3 courses 173
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Section Page
70
5.
Total P courses
174
(V)
Analysis by Length of Courses (Table C4)
71
1.
Length of courses
174
72
2.
Lumber of 1 hour - 6 hour courses
176
73
3,
Reasons for the Predominance of Shorter
Courses
176
(VI) Analysis by Cost (Table C5)
74
1.
Cost, in general
178
75
2.
Ratio of Instruction-cost to semester hours
180
76
3.
Ratio of Instruction-cost to 4-year course
180
77
4.
Ratio of Instruction-cost to Professional
subjects
180
78
(VII)
Comparison with Other-Schools (Table C6)
181
1*
Total Instruction hours
79
2.
Biennial Courses
183
80
3.
Proscribed Subjects
184
81
4.
Length of courses
184
(VIII) Courses Classified as to Pedagogical
Purpose
82
1.
General Theory
186
83 2. The Three Groups: 188
Occupational, Technical;
Occupational, Progmatic;
and Professional (Table C7)
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214
3. Curriculum of Other Schools, compared
(Table C8)
4. Comparison as to Modern Subjects in general
(Tables C9, CIO)
(IX) Courses classified as to Source-
Materials (Table Cll)
1» Cases, textbooks, statutes, etc.
Part P. The Students
Division A: Scholarship, etc.
Method of Measuring Scholarship
Poor Marks
A and C Marks
Average of Scholarship
General Ratio
Summer Term Ratio
Illinois Law Courses Ratio
Special Purpose Courses Ratio
Ron-resident Members1 Courses Ratio
Staple Courses Ratio
Grades Analyzed by Sample Classes, taken entire
Grades Analyzed by Stages of Law Study
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Seotion Page
102 Instructor^ Coefficient of Good Marks 216
103 The A grade Ratio 217
104 Variance of Individual Students 217
105 Scholarship of Students not Completing Curriculum 218
106 Hours of Preparation of Work 220
107 Honors and Prizes 221
108 Social Relations 222
109 Moral Control; The House Committee 223
110 Athletics 225
111 Outside Gainful Employment 225
Division B; Student numbers
112 Enrollments and Law School Requirements 226
113 Particular Years 229
114 Effect of College Degree Requirement in Other • . 230
Schools.
115 Handicap of High Requirements 232
116 Lumbers in other Law Schools compared 234
117 Lumbers in Other Universities compared 236
120 Studc-nt Turnover 237
121 Change of Size of Class 239
122 Persistence in Studies 239
123 Other Schools £42
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140
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258
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266
270
271
271
274
276
Summer Term Attendance
Sumner Term: Kinds of Students
Academic Preparation of Students
Geographical Distribution
Ago at Entrance
Women Students
Religion of Students
Part E. The Alumni
Total Numbers
Organization
Bulletins
Geographical Distribution
Occupational Status
Non-professional Occupational Status
Standard Professional Offices Held
Political and Semi-professional Offices Held
Alumni as Teachers of law
Tests of Alumni Professional Success
Same: Who's Who list
Same: Money Income
Same: Quantity of Litigation
Same: Bar Examination Success
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Saotion Page
154 Alumni Assistance and Cooperation: (1) Visits 278
155 Same : (2) Placement of Graduates 279
156 Same: (3) Illinois Law Lecturers 280
157 Same: (4) Endowment and Building Fund Campaign 280
158 Alumni War Service in the World War 281
Part F. The Library
159 History 286
160 Scope 288
Part G« Location and Equipment
161 The Hew Quarters, 1926 292
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Horthvvcstorn University Law Sohool Educational Survey 1925
PART A. GENERAL POLICIES
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Part A. General Policies Sec* 1
1. Origin of the Report
Sqo, 1. The Council Plan
This Surrey was undertaken pursuant to a general plan
recommended "by the University Council and approved by the Board of
Trustees. Tho plan (dated December 1923) was to bo flexible in its
application to the several departments, but was to have the following
scope :
I. PREFATORY STATEMENT.
1. It is to be understood that the accompanying outline is to
be thought of as a general plan, and that it cannot be ex¬
pected to cover in detail every point that may arise in the
conduct of any study. This is true particularly of Part
III, dealing with the matters to be included in the Survey.
2. When the study is to be mado the President shall forward to
the Dean or Director, for transmissal to the faculty, notice
thereof in writing, together with a copy of the general plan
sufficiently in advance to secure due notification to the
faculty.
3. Each report shall bear the signature of all the members of
the commission, with or without reasons, or else some memo¬
randum explaining the absence of the signature of any member.
II. PURPOSE OF EDUCATIONAL STUDIES
1. To define the primary objectives of northwestern University
in each of its schools, and as a university, including con¬
tribution to public welfare.
2. To make as reliable a judgment as possible upon how well
northwestern university, through its several schools, is at
-11-
Part A. General Policies Sec. 1
present achieving the results which it should achieve.
3. To discover and make recommendations concerning what North¬
western needs in order to achieve the desired results.
Ill, MATTERS TO BE INCLUDED IF THE STUDIES.
1. Physical equipment.
(a) Physical conditions, buildings, and conditions bearing
upon health and safety of students and faculty.
(b) Equipment and use of laboratories and libraries.
(c) Adequacy of class, laboratory, library, and office
space.
2. Instruction and Research
(a) School and department ideals as to the objectives and
standards of research and teaching employed in selecting
faculty members and assigning courses.
(b) Basis for advancement and promotion.
(c) Organization and administration of instruction.
(For example, size and sectioning of classes, costs of
instruction, basis of student selection for departments
and courses, student turn-over.)
(d) Entrance requirements.
(e) Courses of study and requirements for degrees.
(f) Standards and measures of student attainment.
(g) Relation of graduate to undergraduate courses, and
their utilization and instruction.
/
(h) Opportunities for ^riginal research by students and
faculty.
(i) Comparative achievement of the graduates in their
respective fields,
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Part A. General policies Seor 1
3. Students
(a) Student personnel. (For example, sources, types,
(distribution.)
(b) Educational response of students.
(c) Student honors, and standards and measures of scholar¬
ship prevailing among the students.
(d) Student life and moral standards, including moral
and religious agencies ana activities,
%
(e) Extra curricular life of students,
4. Organization and administration.
(a) Organization and administration of schools and depart¬
ments.
(b) Records and methods of student accounting.
■*
(c) Distribution of budget, salary scales, equipment,
administration, repairs, etc,
(d) Fellowships, scholarships and various forms of
financial help.
(e) Utilization of part-time instructors.
5. Contribution to public welfare,
(a) To charitable projects.
(b) To the advancement of the professional or other
vocational interests served by the particular department or
school.
(c) To civic and commercial fields,
(d) General.
PERSONS TO MAKE THE STUDIES.
1. One person from the faculties of Northwestern University to
serve as general chairman of all the studies made, Eaoh
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Part A» General policies Sec. 1
commission to choose one of the members as sub-chairman for
that particular study.
2. One specialist from outside of the University for ^ach.
school to be studied.
3. One person from the faculty of the school to be studied.
4. One alumnus of the school to be studied.
5. One person from another faculty of the University for each
school to be studied.
6. Personnel provided in 1, 2 and 3 may recommend additional
members.
7. All to be appointed by the President of the University.
8. The Board of Trustees to be invited to appoint one of their
members for each study, if they choose to do-so.
METHODS OF OBTAIÏÏIUG THE PATA TO BE REPORTED JU THE STUDTES.
1. Personal interviews with members of the faculty of each
school and clerical help of each school by arrangement with
the Dean or Direotor of the School.
2. Comparative examination of courses of study, records, re¬
ports, etc.
3. Scientific collection, tabulation, and interpretation of
objective data.
4. Visiting of laboratories, clinics, libraries, and classrooms,
on prior notice, \
5. Interviews with and questionnaires from students and Alumni,
provided that questionnaires to students shall be filed be¬
forehand in the administrative office of the school concerned,
and distributed as a regular faculty communication,
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Part A, General Policies Sec, 1
VI• PBRSOWS TO WHOM THE STUDIES WHEN MAPS ARE TO BE COMMUNICATED»
1» To the President of the University,
2, To the Board of Trustees,
3, To the Pcan of each of the several schools studied, and to
each acting member of his faculty, a copy of that study con-
corning his school,
4, To the students, such matters as the President considers
would lead to increased loyalty, better scholarship, or
stronger co-operation in attaining the objectives of the
University,
5, To the public, such matters as the president considers to be
for the welfare of the University,
Sec, 2, The Committee
Pursuant to the Plan, the President of the University appointed
the following Committee: Raymond W. Kent, Pcan of the Faculty of
Liberal Irts, Chairman;
John H. Wigmore, Pcan of the Faculty of Law;
DeltorrT. Howard, Professor of Psychology;
George H, Gould, LL.B., 1922, Lawyer;
Alfred Z, Reed, Carnegie Foundation for
Teachers,
The Committee held a first meeting in May 1924, compared views,
and allotted the several,items to various members for gathering the
|
data, Various circumstances delayed the compilation of the data and
-15-
Part A. General Policies Sec. 2
prevented further meetings of the Committee. The present text repre¬
sents a Report by the Dean of the Faculty of Law, as set forth in the
letter of transmission.
2_._ Statement of Objectives of a
University Law School in general
Sec. 2. Two General Aims
A University School of Lav; may pursue cither or both of the
following general aims:
(I) To preserve and to advance the Science of Lav; general¬
ly, in any or all of its branches, by study and re¬
search;
(II) To educate various groups of persons interested in the
practice of the Law as a profession and in other
practical aspects of the Law.
All university law schools in the United States acknowledge both
of these aims, differing of course in the relative emphasis.
More specifically:
Sec. 4, (I) Legal Science. In preserving and advancing the
Science of Law, the objectives may include;
A. As to subjects of study and research,
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Part A. General Policies Sec, 4
1. All the standard subjects of positive law and legal
practice (law as it is)
2. The allied and auxiliary subjects—philosophy, political
sôience, history, psychology, criminology, sociology,
etc,--in their specific bearing on Law;
3. Sundry elements affecting the administration of Justice
generally;
B, As to mode of imparting results of research,
1, Delivery of lectures in the School curriculum;
2, Delivery of lectures in extension courses, and else¬
where ;
3, Authorship of essays and books;
4, Editing professional journals;
5, Furnishing expert assistance to outside Committees and
other agencies devoted to public service in legal and
quasi-legal fields, so far as the giving of such
assistance does not constitute the professional
practice of law.
(II) Legal Education, The entire system of legal education
includes :
Law Schools;
Colleges and other institutions of general education in which
the student is prepared for the law school;
Supplementary agencies, such as private law offices, legal
aid bureaus, har examination quiz classes.
The range of possible objectives in law schools may be thus
analyzed with reference to the ultimate occupational use of the
-17-
Part A* General Policies Sec. 4
students training:
14 For prospective lawyers
(A) Preparation for legal practice, which shall bo as
thorough as will meet the needs of the legal pro¬
fession
(a) in some or all grades of skill
(b) in some or all branches of the law
I'c) in some or all states of the Union
(d) in the spirit of a profession, not merely a
trade or occupation.,
(B) Preparation for the bar examinations;
(C) Placement of graduates in positions in the profession
2. For practising lawyers, additional preparation in special
lines.
3, For non-lawyers
(a) training in special lines of Law applicable to their
occupations ;
(b) intellectual discipline of legal thinking a.s a
preparation for commercial careers
4. For the entire legal profession, cultivation of legal
science, both by teachers and by students.
5, For public service agencies, whether government or private,
training of assistants.
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Part A. General Policies See. 5
5« Statement of OPjectives of This Sohool
Sec. 5, Statement of 1915-16
' 1 ' " " ' ■■ ■ ■■ ■ > ■ «m. i. i-,***...
The discussion of objectives among legal educators has been
scanty. Few defined issues exist, Ho generally approved formulation
of objectives has been made; though the American Law School Review
contains occasionally some individual's presentation. Law School
catalogues contain variant a.nd indefinite statements.
This faculty, after the re-organization of the curriculum
in 1915-16, inserted the following statement:
"In preparing the curriculum and requirements for the four-year
course of studies leading to the degree of1 J.P., the Faculty of Law
has kept in view the following principal objects*
"(1) To ensure for every graduate a thorough training in tho
use of original sources and a rigid mental discipline, with a view
to tïïe formation oT "those habits"oT inclcpenêTonTPrégaT thinking which
ought to be the fundamental possession of every member of the legal
profession;
"(2) To ensure for every graduate a general intelligent ac¬
quaintance with the elemental principles in the entire Orthodox
compass of the technical subjects of law, and thus to qualify him to
do mature work in the "later stages of his study and to equip him to
approach any legal problem without serious gaps in large fields of
essential legal Information;
"(3) To ensure for every graduate some understanding of those
non-technical legal subjects which develop breadth of view and
qualify" hiinTo render pWlTc "service as a leader of professional and
civic thought;
M 4) To attain these results, in point of method, by using the
most approved practices, and in particular by assuring to every
stud oh t. on the pÊrfc "of the Faculty., from time to time, an individual
valuation of the quality of his work, and a personal attention to his
individual needs and capacities for attaining the expected standardsi
"The special features of the curriculum and requirements
described below are based directly on one oç another of those
objectives."
This statement was adopted as a compromise, and could not serve
serve as a complete or feelf-sufficient platform. Moreover it cover
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Part A, General Policies Sec, 5
both objectives and methods.
Paragraph (1) was meant to indicate that the objective was a
mental discipline, and not merely the exposition of a cyclopedia of
rule s,
Paragraph (2) was meant to reassure the bar that the School did
expect to teach the specific rules of law, and not merely to supply a
legal gymnastic.
Paragraph (S) was a profession of faith in the science of juris¬
prudence as a part of a s ound curriculum,
Paragraph (4) pointed out that this Faculty attempted to go be-
yondmere mç.ss-instruction, and aimed to reach the individual in the
classes.
The above passage therefore cannot be taken as a complete plat¬
form, For this purpose we may recur to the foregoing analysis
(Sec, 4.) of objectives in general, and summarize the policy of this
Faculty in that order of topics.
Taking up the above objectives of Sec, 2 in the order named;
Sec, 6, 1^ Legal Science. (A) Subjects of Research. The Faculty
of this Law School distinctly includes in its scope all three of the
elements noted under A# In this respect it differs from certain other
faculties of law; many have not yet given any evidence of including
the second element in their scope of work; some have shown little
interest in the third. This faculty believes that its attitude, wbiol
for a time was almost a pioneer one, now represents the increasing
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Part A, General Policies See, 6,
tendency of the times, and is a sound and progressive one.
Detailed illustrations will be found in Parts A and B of this
Report (The Faculty, The Curriculum)
See, 7, (B) Modes of Imparting Results, The Faculty of this
Sohool here indicate the following attitudes in their records*
(1) Lectures jn the School curriculum are of course the staple
method in all university law schools, and here also,
(2) Lectures elsewhere. There are no extension courses in
University law schools generally, A highly technical applied science,
useful mainly as a career, is not adapted to such an enterprise. But
the formal address at the annual, quarterly, or monthly meeting of a
bar association, is an established practice, and professors of law are
often invited. Much depends on the oratorical aptness of the in¬
dividual and the timeliness of his subject. The members of this
Faculty have received and exercised about the usual share of such
opportunities. Some details in Part B will illustrate this.
Correspondence courses are disparaged in legal education. The
bar examiners of Illinois, as well as of other high-standard States,
decline to accept time spent in correspondence-study as qualifying
to admit to examination. With one exception (perhaps no longer ex¬
istent), no high-standard school now gives cfedit for correspondence
study. This Faculty was aslced to consider such a plan, some 20 years
ago, but rejected it*
Legal praotice, as a profession, cannot be prepared for by
correspondence study,
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Part A. General policies Sec. 7
(3) Authorship has had its fair share of activity on the part of
this Faculty. Part B, The Faculty, supplies details.
(4) Editorship has teen a special feature of this Faculty's v/orX
It set the model, in American legal scholarship, for faculty under¬
takings, in the editorship of professional journals. The three
University law journals that were in the field before 1906, when the
Illinois Law Review was founded, were edited by student committees;
the faculties, though they appeared in the contributed articles, did
not edit, nor did they contribute critical comments. Since this
faculty set the fashion, a few others have lately followed. The result
has been highly beneficial to legal science. Some details will be
found in Part B of this Report,
(5) Expert assistance in public service has also been a marked
feature of this Faculty's activity. Part B of this Report offers some
details,
Sec„ 8 (II) Legal Education
The specific objectives, among the above named in Sec. 4, pur¬
sued by any particular University law school will be limited to those
which it has a reasonable prospect of attaining, the choice depending on
(1) Its history and traditions;
(2) Its faculty's standards and ambitions;
(3) Its geographical location;
(4) Its students' capacities, as affected by preliminary edu¬
cation;
(5) Its physical equipment;
(6) Its financial support.
-22-
Part A.
General Policies Sec* 9
Taking up the objectives enumerated in See* 4, Paragraph II;
Sec. 9. (I) Prospective lawyers, This is of course the main, and
usually the exclusive objective in American law schools.
On the Continent, it is different. There the State civil service
rules usually require a university degree for aspirants to responsible
official positions; hence, a law degree (diluted with political
science) attracts a large ratio of persons not expecting to practice
law in the courts. Moreover, since j-ournalism is mainly political,
aspirants in journalism often seek law degrees. Furthermore, the
relative number of the legal profession to the population is smaller,
and in some countries is limited by law. And finally, the longer
period required for apprenticeship, and the high social rank of the
profession, assist in limiting the numbers of students. For all these
reasons, the preparation for practice in court is less exclusively an
objective in law schools than in the United States,
Furthermore, the objective of preparing teachers of law plays
usually no part in American university law schools, (in contrast to
colleges of liberal arts)|. This feature it shares with schools of
engineering, medicine, and theology. One main reason is that the
complete equipment of a teacher must include some occupational exper¬
ience (as in any applied science), and the aspirant seldom relishes
the prospect of so long a delay. Another main reason is that the pro¬
fessional rewards of practice are too tempting in comparison with the
teacher's oa.reer, A third reason is that the number of resident pro¬
fessors, devoted solely to resee„rch and teaching, has until recent
years been relatively low, in law as in medicine, and hence no sure
career was in prospect. In 1890 there were probably not 10 resident
-23-
Part As General polioj.es Sec. 9
professors of law in the entire United States, and 4 of these were at
the Harvard Lav/ School. At this date there may he 200; the precise
figures are nowhere on recordo
But the number is rapidly increasing, and before long the prepara¬
tion of teachers may well be listed as an objective of practical con¬
sequence ,
Sec. 10, (A) "Preparation for practice" (see Sec, 4) does this
signify only one thing?
(a.) There are many grades of legal skill in the profession; it
varies widely in its standards of technical fitness. The State admits
to practice usually on a low standard, such as satisfies a broad-based
democracy, A university law school may not choose to accept that
standard. The aim of this Faculty is to prepare the best standard of
practitioner, not the medium nor the minimum. Its curriculum and its
methods are based on that aspiration.
Sec. 11 .(bfurthermore, the profession varies widely in its
specialties,-just as medicine does. Some of these specialties have
well-marked boundaries in a cscientific sense (e.g. patent law of
jjjîùstrial property, admiralty); some have not (e.g. railroad practice).
But tfe§. best practitioners and all law faculties agree that all these
specialties are built on an identical foundation of general principles,
e.g. one^spuld not specialize as an astronomer or chief of a navigation
-24-
Part A. General Policies Sec, 11
bureau without laying the foundation of at least geometry, algebra,
trigonometry, and the calculus. Hence, no high-standard law school
»
offers a special curriculum solely for special branches of law, So
far as it includes those special tranches, they are offered as advanc¬
ed or finishing courses, or are offered (e,g,insurance) in their
elements and not in their expanded specialization.
Another reason supporting this custom is that the aspirant can
seldom control his career at that stage. His professional future der
pends on his clients, and he cannot at that immature stage expect
olients to recognize his capacity. Hence, these specialties usually
develop for him afterwards "by the turn of circumstances.
This Faculty does not offer to prepare completely for specialties.
Sec, 12. (c) Shall a School prepare for practice in its own State
only, or in anywhere the graduate may settle? This is a large question,
which has been the theme of some debate among the Schools. This Faculty
long ago found the question settled for itself by history and tradi¬
tions; it prepares for practice throughout the Nation. The stronger
endowed Schools all take this attitude; leaving to the State
Universities the role of preparing specifically for their own States,
and the latter {except Michigan) usually accept the role. One reason,
for the former group, is that the Universities to which they are
attached are cosmopolitan; moreover, for Chicago especially the
oentrifugal trend of young men to all quarters in search of a career
adds a reason. For the latter group, reasons are the overwhelming
ly^tXPity of students from the home State, and the demand of taxpayers
-25-
Part A. General Policies Soc, 12
that their own State law shall te taught.
But for the cosmopolitan School the problem of method remains.
How to prepare for the laws of all States? The substratum of common
law is not per s_e law anywhere; it must receive the sanction of each
particular State, which may happen to vary its details. Does a
cosmopolitan School therefore losQ something in efficiency of in¬
struction by failing to teach the law of any particular State? Doubt¬
less it does.
But the true solution of the dilemma- has been reached, as this
Faculty believes, in this School (and in this School alone, thus far)
by the establishment of a parallel series of short courses on Illinois
Law, alongside of the regular curriculum. The rationale of this
oourse was set forth in the following statement, in a Bullotin ef
Oct, 23, 1914;
"Some twenty short courses on Illinois Law are given every year,
in northwestern University Law School, by a special corps of lecturers,
"The purposes of the course are:
1, To furnish instruction in the local law of the State, as dis¬
tinguished from the generaf"law of Anglo-Amcricaï.
"2, To cultivate a. scientific treatment of the State law as an
independent body of law,
"3. To furnish the advanced student with an experience in the
critique of judicial precedents emanating from a single court,
"This course is given for thfrd year students, alumni, and gradu¬
ates who come from school in other States to the Illinois bar,
"The group of Lecture Courses on Illinois Law were begun tentative
ly four years ago. They were then three in number; they now number
twohty. They originated in reflection upon a large problem first
propounded, by Professor Kales, of this Faculty, seven years ago before
the Association of American Law School,—the problem of dealing frankly
and acfeiuatoly with instruction in the local, actual, and State law, in
distinction from the universal, un-aotual, Anglo-American law,
-26-
Part A,
General Policies Sec. 12
"ThG publip discussion'' ^which ensued upon the original pro¬
posal was directed, like the proposal itself, to the soundness of a
single solution of the problem, viz., the use of specially compiled
case-books. But the problem was broader tha.n that particular solution
of it. The problem may admit of different solutions, and the facts
and needs underlying the original proposal may call for a solution of
larger scope-, not inconsistent with the other, and more feasible and
effective,
"What were those facts and needs? They may be thus concisely
stated: '
"That the positive law of this country, apart from Federal law
(which may be roughly assumed at less than ten per cent., quantitative¬
ly, in any StateTs practice) is found in the decisions and statutes
of the Court and Legislature of one only among some fifty States, and
nowhere ols6 —
"That this positive law is therefore not found in the decisions
and statutes of England or any othçr of the forty-nine States --
"That this positive law is not found in a case-book or in a text
book collating hetcrogoneously cases and statutes from different
States —
"That the "general le.w" found in such repertories is not the
positive or aotual law under which any person lives in this country —
"That the instruction in this "general law", as hitherto given
in le.w-scJiool courses, is therefore not the positive law for any judge
or lawyer or citizen of this country —
"That the scientific treatment of the law as given in treatises
not professedly on local law only is therefore not a scientific treat¬
ment of the data of positive law in any one State,
(") Albert M. Kales, in Proceedings of the Association of
American Law Schools, 1907, p. 82; proceedings of the
American Bar Associeâtion, 1907, XXXI, 1091; Harvard
Law Review, XXI, 92.
George W. Kirchwoy, in Proceedings of the A.B.A.,
1908; American Law School Review, II., 194,
Samuel Williston, in proceedings of the A.B.A.,
1908; A.L.S. Review, II, 201.
Albert M. Kales, in Illinois Law Review, IV, 11.
Eugene Wambaugh, in Harvard Law Review, XXI, 118.
And others, in the discussions reported in the above
cited Proceedings,
Part A. General Policies Soc. IS
"And that therefore neither law school instruction nor treatise-
science deals ordinarily and systematically with any existing "body of
positive actual law.
"These being the fact, a serious gap is obvious both in our
usual la.w school curriculum and in our usual public scientific develop¬
ment of law.
"For those who believe that this gap should be filled, there are
two general solutions,
*"1# One solution is to believe that the law of this nation, as
to its diversity of independent State jurisdiction, is destined to
change gradually; that both by the progress of Federal centralization
and by the voluntary State legislation towards uniformity, the
diversity will practically cease to exist; and that therefore the
present conditions a.bove mentioned can bo endured temporarily as being
temporary only. Probably the sufficient answer to this belief is that
neither of the forces named are acting rapidly or surely enough to
make the prospect a definite one, and that therefore present conditions
will presumably exist for practical purposc-s during at least another
century. A further answer, acceptable for some, is that such a
centralization and general uniformity would be highly undesirable.
At any rate, the problem cannot be solved in this way, if we are seek¬
ing a definite solution for our own generation and the next,
"2,''The other solution is.to seek to fill the gap in some direct
way, i.e., to recognize the actual law of each State as a fit -and need¬
ful subject for the law-school curriculum and for scientific discussion.
"At this point Mr. Kales' proposal comes in. It is to give up the
present type of case-book in some schools (one at least in each Str.te) ,
and'to substitute another model, focussing its contents on the State
la.w. This proposal would alter the spirit and mode of instruction
almost throughout the curriculum, and would entail a certain loss, in
return for the gain. It has therefore been opposed in the public dis¬
cussion already cited,
"3'''Waiving consideration of the merits and drawbacks of this pro¬
posal, there remains another solution whifeh calls for no such alteration,
and therefore no such loss, -- boing superadded to and not substituted
for the present methods, and having perhaps all of the advantages of
the first proposal.
"It is to add a new group of short courses to the curriculum deal¬
ing with the StrHTo Taw ïïxïïIusTvëly. Tach main sub je cT 'in the
curriculum is to be paralleled* Within each subject a selection of
topics is made, — the chief topics on which there arc always conflict¬
ing doctrines in different States, or in which the particular State
has a large and complicated body of sources, or on which the particular
Stato has some notable local peculiarity. Each of these topics is to
-28-
Part A. General Policies See, IE
be treated scientifically, in the light of the local sources only, hut
in incidental comparison with the "general law," These courses are
to he placed in the third or a fourth year of the curriculum. They
arG to he short, — a unit, sa.y, of four lectures each; hut the larger
subjects are to have two or more such unit courses,
"Such is the plan which the present account desires to make
known,
"It purports to fill the gap now existing in the two 'main aspects
first described, viz,:
"1. It supplies instruction in the actual State law, on the
principal topics where that law practically needs such attention,
"S, It'cultivates scientifically the actual State law, on a.
larger scale, in such a way as to influence for good the accurate
development of that lav; by judges and practitioners.
And furthermore:
"3, It introduces into the advanced part of the curriculum an
experience in the direct study and critique of the sources of positive
law, such as is not to be gained in the ordinary courses; because
the comparison of a body of successive decisions all emanating from
the same Court, and all theoretically forming the actual law, calls
f»r discriminations and adjustments such as usually find little place
in the ordinary discussions upon a case-book.
"As illustrating the scope of the courses, the following samples
will serve :
SUBJECT
TOPIC
Municipal
Corporations
Marriage
and Divorce
(1) Origin, Source, Powers.
(3) Ordinances,
(3) Contracts, Powers of Officers,
(4) Torts, lets of Officers, etc.
(1 Marriage; Capacity, Consent.
(E) Marriage; Annulment, Children
(3) Divorce; Jurisdiction,
Causes, Defences,
(4) Divorce; Re-marriage, Children."
The above described plan has given universal satisfaction.
Students now elect these courses by large majorities, as a useful mode
of preparation for the bar in Illinois; and no Increase of the budget
of the School has been required.
-39-
Part A. General Policies Sec. 13
Seo> 13, (&) The Law as a profession, not merely a trade, or
occupation.
Anyone who has to do with the young men nowadays preparing to
enter the Law cannot help seeing, that, in their too frequent attitude,
the Law is no more than a trade, an occupation, a business,— like any
other worthy means of livelihood. Of course, that attitude is obvious
also in the community at large. But its prospect is most perturbing
when we sec it already ruling in the hearts of the young men at the
very beginning of their career.
For it is a fundamental error. The Law as a pursuit is not a
trade. It is a profession. It ought to signify for its followers a
mental and moral setting apart from the multitude,— a priesthood of
Justice,
Amid the social turmoil of to-day, and in view of the coming re¬
construction which awaits the Law in many aspects, one of the things to
hope for is the restoration to the Law of its rank as a profession.
What docs this signify, in distinguishing it from a trade?
In the first place, it signifies that the accumulation of wealth —
"making money" — shall be a very secondary thing,— making money, that
is, cither on the whole as a career, or in every day*s transactions.
The motive of making money must be put and kept in the background. It
must be neither a genoral standard of professional success, nor a daily
measure of service rendered,,— as it is in the traditions of business
and in the market for goods.
Another thing signified for the profession is the duty of public
servloe. For a trustee, or a priest, or a doctor, this implication is
plain enough, in public understanding, i.e., though a legitimate com¬
pensation is attached to the work as a livelihood, yet the duty is rlf-:-
-30-
Part Ati General Policies Sec. 13
a primary and inseparable part of it. Somehow the lawyer seems
generally to have lost this feeling. And yet he is a necessary part
of the State!s'function of doing justice. In the part he plays, he is
as essential as the judge. This duty affects him both passively and
actively. It restrains him from doing things which would be permitted
in the usual commercial chase for profit. And it urges him to do
things which as an ordinary citizen need be no special concern of his.
Another thing about the profession is that its materials form
an applied science. As Engineering represents the applied Science
of Mathematics and Physics, as Medicine represents the applied sciences
of Biology, and Chemistry, so the practice of the law represents the
applied science of law. This sets apart the pursuit for those only
who are willing to master the science, and to make the large sacrifice
of time and effort for that purpose.
And yet the too common attitude towards it, as merely one more
occupation or business — like real estate dealing or insurande — is
in permanent conflict with this truth. And one shortcoming with the
American people to-day is that they are not yet educated to look
upon the legal profession as a vocation of applied science. The re¬
sult is a constant dead pull by the community against all efforts to
educate the young lawyers thoroughly.
Eobody expects a good blacksmith to have spent three or four
years in a university of blacksmithing; and the laws and Court rules
of various States reveal the naked fact that public and professional
opinion still class lawyers in this respect with blacksmiths. This
opinion is in permanent hostility with the truth; and-.it is due to
our profession to eradicate the fallacy.
-31-
Part A, General Policies Sec, 13
And so, as a profession, the law must he thought of as ignoring
commercial standards of success,— as possessing special duties to
serve the State's justice,— and as an applied science requiring
scientific training.
Sec. 14. (B) Preparation for the har examinations is theoretieal]y
included in the objective of legal practice. But until recently the
har examinations in all States have been of an old-fashioned, didactic,
impractical sort; hence, a thorough legal education has not always
sufficed to carry the graduate over those peculiar hurdles. Outside
teachers have set up special courses, in the large States. This School
for many years offered a "review course", aiming chief 1?/ to give the
benefit of a concentrated review; but circumstances too long to relate
caused its abandonment. Meantime, bar examinations have been markedly
improving, owing partly to the appointment of well-educated lawyers
as examiners. There still remains an element of chance, i.e.a few
excellent students sometimes fail, and a few notorious school-failures
manage to pass into the bar. The Board of law Examiners of this State
are now endeavoring conscientiously and ably to adjust the examination¬
to the standards of law school preparation.
This Faculty believes that, in general, â competent preparation for
legal practice implies the ability to meet any reasonable bar examina¬
tion, without special law school preparation other than a thorough
review. The only exception to be noted is that in some States so
much emphasis placed on the local State law by the bar examiners that
a graduate of a law school located elsewhere must make some special
-32-
Part A, General Policies Sec, 14
preparation.
It may "be added that the ordeal of a bar examination, independent
of law school examinations, is a healthy institution in that it forces
upon the graduate a preparatory general review,. Under the current
American practice of adding up credits piece by piece for graduation,
no general examination is necessary and therefore no general review
at the end of the School course. Phis is a defect in university pro¬
fessional education which may before long be remedied. But until then
the Par examination does indirectly a needed educational service.
Sec, 15, (G) Placement of graduates. Every professional school
feels {or ought to feel) a personal interest in the future career of
its graduates; hence it may well count among its objectives the placing
of them in available positions. This Faculty has always accepted this
objective, and has systematically sought to offer opportunities for
placement. Some details are noted in Part D .(Alumni) of this Report,
Sec, 16, (2) Practising lawyers rarely come bach to law schools
for preparation in special lines. In this School, one or two only each
year has been the number. The legal profession does not feel the need
of this method of improving its knowledge or skill. Clinics for
practitioners such as are common in the medical and the dental pro¬
fessions are unknown, The reasons might be matter for speculation, and
need not be elaborated; but the fact is certain*
-33-
Part A, General Policies See* 16
Just twenty years ago this Faculty, believing that such clinics
were worth while, organized a course known as "Legal Tactics",—one
4
evening lecture a week for twenty weeks, gratis; on each occasion an
♦
eminent local specialist expounded a different subject, e.g.
Special Assessments, Personal Injury, Litigation, Mechanics Liens,
* #
etc., etc. Always the theme was the "tactics", i.e. the clinical
skill as distinguished from the bare rules of lav/. For seven or eight
years these lectures continued (at cost of great administrative
effort), and then the audiences gradually thinned out, until the
t
%
•School was chagrined to offer its lecturer no better a reception*
A priori, practitioners ought to welcome eagerly such a service;'
'
practically, they do not.
Sec»" 17, (5) Uon-lawyers (a) Training in special lines of law
applicable only to special occupations (banking, real estate, in-
stiranoe) has a plausible appeal; but the 'faculties of all high-
standard sohools regard it as a futile objective. The rcasorf is that
the scientific and logical connections of the total complex of legal
concepts do not fit the actual lines of industrial and commercial
cleavage.in the world outside. There is plenty of law about horses
and automobiles and locomotives and banks; but in each economic item
the legal principles applicable are a bundle of fragments torn from
their logical place. Hence, intending lawyers and intending realtors
'or bankers cannot be taught, at the same time* And hence it is now
».
■recognized that the legal rules needed by intelligent mercantilists
'oan. best'be studied by them in courses especially constructed for them,
Part A* General Policies Sec. 17
i.e. in schools of commerce.
This Facility has always accepted this view. Several of its
graduates have teen found serviceable in the latter field, in the
School of Commerce of this University and elsewhere.
Sec« 18. (b) On. the other hand, the non-lawyer may well take a
«
portion of the regular law course for intellectual discinline. in
fact, every year has scon a few young men taking the first year of
law studies, sometimes a longer period, with this express objective.
And ample proof of its value comes annually from alumni who after
graduation have bcGn drawn into commercial positions and then have
recorded their esteem for the discipline of their law studies. The
logical discipline of law study, with its constant forced scrutiny of
both sides of every question, adds a feature not known in any other
branch of soicncc, and no doubt lies beneath the special capacity which
characterizes the legal profession in general. That capacity is fre¬
quently and notoriously abused, like any other capacity. But the
peculiar contribution of law study in intellectual discipline is a
feature ?/hich merits from educators more attention than it has received.
This objective, however, does not affGct the conduct of education¬
al methods. The intending non-lawyer pursues precisely the same
studios, and in the same way, as the intending lawyer.
—35—
Part A. General Polioies Sec. 19
Sec. 19, (4)• Cultivation of legal science for the entire
legal "profession. This plays a certain, but unobtrusive part in the
labors of the faculty of a high-standard law school. The law, as a
mass, is composed of a network of principles logically connected; this
is pure science. But these principles are rarely given effect with
complete logical exactitude of detail. One deflecting influence is
the demands of practical policy and convenience and justice in par¬
ticular instances. Another reason is the mental Imperfection of the
100,00 lawyers and judges through whom the law is given effect. The
result of the latter deflecting influence is that the decisions of the
courts and the statutes of the legislature are full of inconsistencies
which mar the logical perfection and therefore the certainty and fair¬
ness of the law as a whole. How it rests with the members of law fac¬
ulties to emphasize the scientific consistency of the law and to in¬
culcate in students the same habit of mind. This is in contrast to the
merely occupational objective. The double task of the teacher is to
lead the student both to the knowledge of what the specifio rule of law
is and to the perception of what it ought to be or might have been in
true science.
Such an objective has only become possible and recognized on a
large scale since Professor langdell and his colleagues and disoiples
established that ideal at the Harvard law School, in the 1870*s, To
be sure there is a tradition that Judge Story, when he taught there, in
the 50Ts, and a student cited a supreme court decision as contrary to
the leoturer*s dictum, observed genially; "Yes, but we here in this
class sit as a court of appeal from all the supreme oourtsl" And
doubtless there have always been such teachers. But not until the
present generation has there been a considerable body of them, nor a
iw36—
Part A. General policies Sec, 19
general acceptance of that ideal*
This objective—the cultivation of the scientific spirit in the
aspirants, as a make weight later against the pressure of a practi¬
tioner^ natural habit of mind—is fully accepted in this Faculty.
Sec, 20. (5) Public Service Training finds little place in
university law schools. Setting aside the distinctly legal-profession¬
al specialties, above noted, there are virtually no careers of public
service in which the law is an important enough item to set up a
demand for general training. One or two universities have established
a course for the diplomatic and consular service, in which a few law
courses figure incidentally. But no conditions have arisen to induce
this Faculty that such an objective need play a part in this School,
4, Statement of Educational Methods of this School
Method, in legal education, has been little discussed among law
Schools; the case-method (so-called) in general, and the details of
method for a few specific courses, have been the usual themes.
Before proceeding to consider the various elements of method,
as practiced in this School, three preliminary topics must be noted;
(a) academic freedom of the Faculty; (b) limitation of numbers of
the students; (c) progressiveness, in method.
-37-
Part A. General Policies Sec, 21
Sec, 21, (a) Academic freedom of the Faculty. The tradition in
this Faculty is one of complete freedom of the individual member to
employ his own preferred methods in the conduct of his courses. The
Faculty as a whole assumes the right, under the University statutes^
and as a matter of principle, to determine what subjects and courses
shall be given, which member shall give them, and how many hours in
the semester shall be devoted to them. But within those boundaries
the individual member has entire control and responsibility for
method. This includes the source-material used, the mode of using it,
and the mode of measuring the student's work done,
European traditions of academic freedom make the resident pro¬
cessor an intellectual prince within his own domain. This superb
tradition is sometimes abused. But it has made European university
scholarship one of the world's greatest achievements, because it
cultivated individuality and therefore originality, American tradi¬
tion, on the other hand, has tended to err in the opposite direction.
This Faculty has sought to preserve the great university tradition of
Europe. By preserving the individual teacher against his own
oolloagues, it also preserves him against the possible encroachments
of other university authorities, of the student body, and of the public
outside, Eo tradition is more necessary to the future of American
scholarship.
The foregoing principle has the advantage of making it all the
easier, in conference, to debate changes of method; because, when the
individual's fundamental constitutional right is conceded, his
colleagues may be the more free and candid in proposing informally
alterations of mGthod,
-38-
Fart Ai Générai Tolicies Sac, 21
The foregoing principle does not mean that there is radical dis- '
harmony of method, nor total lack of control, The recommendation of
a member for appointment would only be made after reaching the con¬
clusion that in general his ideas of method are in harmony with the
present faculty* EkJU all of the present members are in harmony as
to the case-method because no new appointment for 25 years past has
been made of any person not knovn to have those views.
The foregoing principle also gives a large power to the Faculty
over the methods of temporary members; because at the expiration of
their temporary appointment a renewal might not be reoommended.
Sec, 22, (b) Limitation of numbers of students. Method depends
partly on numbers. Any method aiming to reach the individual must
he more or less balked where only large masses are dealt with,
Schools having 1000 or more members can not deal with the individual
unless the faculty is proportionately large# The modern methods of
legal education, to be really efficient, can be used only with
limited numbers. The experience of some (at least) of this Faculty is
• o
that a class of 100 is the maximum for efficient education, larger
classes than that size mean a proportionate increase of faculty and
of equipment; and this means no reduction of the financial burden.
Hence, this Faculty, after debate, resolved (in 1924) to
recommend the limitation of the School numbers to 400 regular students;
and this limitation is announced in the ourrent Bulletins,
-39-
Fart A. General Policies Sec. 23
Sec. 23. (c) Progressiveness in method. Law in general is a
conservative science, by its very nature; it oonsorves what is,
pending the demonstration of what may be better. Hence, lawyers and
professors of law tend to be over-conservative. On the other hand,
the era today is one of changing sooial and legal idea®, and a period
of extensive reconstruction•is at hand. Hence, the legal profession
of the future must be prepared for it, and the time to instilithe
needful habits of thought is in the Law School.
This Faculty has deemed its function therefore to inolude watch¬
fulness for new needs, experimental initiative in new methods, and
the adoption of new methods elsewhere begun and proved. This view of
»
its function began in the 90^, when the case-method was adopted;
and has continued ever since. This Faculty takes satisfaction in
noting that it has not only adopted methods elsewhere begun and proved,
but has initiated new methods, of various sorts, suited to the
needs of the times. In the Alumni Endowment Campaign of 1919, a
summary of these features of initiative was thus phrased (and it may
be noted that all but two of the enumerated features, the first and
»
the ninth, have now been installed in two or more other Schools);
"The first Law School in the country
1. To extend the required law course to four years;
2. To require of every student an acquaintance with the
history and traditions of the Anglo-American bench
and bar;
3. To offer a course of voice-training and forensic
elocution for the benefit of lav/ students;
4. To require of every istudent some knowledge of ^egal
history, jurisprudence, or philosophy;
5. To give a place in the curriculum to problems of
contemporary legislation;
6. To offer its students an experience in a legal clinic;
7. To encourage the study of modern criminal science; and
its Faculty summoned the first national Conference
on Criminal Law and Criminology;
3*àrt A» General Policies Sec. 23
8. To establish a law review dealing specifically with
State legislation and decisions as a subject for con¬
centrated interest of the State bench and bar;
9. To establish courses of lectures dealing with the
whole scope of State law As a sub^eot for scientific
study and critique;
10. To emphasise the study of the philisophy of law,
and to elaborate those oourses which treat the
scientific aspects of law."
Sec. 24. Proceeding now to examine the methods specifically,
the possible varieties may be thus classified and grouped;
Ai Modes of Mental Activity for the Student; doing, or
reading?
B. Sources of Reading Assigned to the Student; cases, or
treatises?
c* Modes of Conduct of a Class by the Instructor; Dogma,
debate, recitation, critique of papers, etc.?
D. Scope of Topics covered by Courses, technical law
only, or more?
E. Method in Specific Courses.
Sec. 25. (A) Modes of Mental Activity for the Student.
Learning by doing was the time-honoredfand wasteful method and almost
the only one; until the spread of American law schools since 1890,
apprenticeship in a law office was the orthodox method. The history
of the change has been amply set forth in the reports of Mr. Redlich
and Mr. Reed to the Carnegie Foundation for Teachers, in 1914 and 1981
-41-
Part A. General policies See, 25
The pendulum has now swung to the other extreme, and in the law
schools little attempt is usually, made to instruct by doing* The
subject is not a well-defined issue among legal educators; but the
Bar exerts a constant pressure to restore some of the advantages that
lay in learning by doing»
It has been the hope of some members of this Faculty that> when¬
ever funds became available, the experiment might be tried of conduct¬
ing legal instruction after the manner introduced in engineering
education by Mr» Schneider of the University of Cincinnati* {See the
report on "The Cooperative System in Education'" printed by the
U. S» Bureau of Education in Bull 1*3 37,, 1916, and the Report of
Charles R, Mann on Engineering Education in the U. S. to the Carnegie
Foundation for Teachers, in Bull Xi, 1918); i.e. by alternating
periods of School and office, throughout four years.
Pending that opportunity, this Faculty has met the problem with
the following courses (dating back from five to twenty-five years);
Legal Clinic; a stated period in the law office of the Legal
Aid Bureau of the United Charities of Chicago,
under supervision of a member of this Faculty,
(two members, from 1925) ;
Practice Court; A trial court, with manufactured cases, once a
v " t » ■ " f
week, for advanced students;
Preparation of Transactional Instruments; critique by.students
and faculty, of instruments representing actual
commercial transactions affecting legal rights;
Legal Bibliography; practical use of law-sources in the manner
required in law offices;
-42»
Part A, General Policies Sec, 25
Office Briefs; preparation of cases for argument or opinion,
on law points, in the manner required in law
offices;
Puhlio Records; personal visits to the various public-reoord
offices, under guidance of a member of the
Faculty;
The 2nd and 4th of these are now given in many schools; the
others in only two or three other schools as yet. The universal
installation of the third may be looked for before long.
Sec, 26, (B) Sources of Reading assigned to the Student, The
sowoalled Langdell or case-method had as its essential one thing only;
vizf the substitution of original sources, i.e. judicial oases, for
secondary sources, i«e, unofficial treatises, as the student's read¬
ing-material, Its good grounds, and its now wide vogue, have been
fully set forth in Mr, Redlioh's Report to the Carnc-gie Foundation for
Teaohers, 1914, and in Mr, Reed's Report for 1921,
The Faculty of this School have long been committed to the use
of the case-method as the staple one. This began in 1893, when
President Rogers reorganized the Faculty, But, though he desired to
see the methods of the Harvard Law School imitated, he did not realize
that the local bar opinion remained to bo educated; and another decade
passed before there was general acceptance. After 1902, all members
of the Faculty were believers in the method,
-43-
Part A, General Policies Sec. 26
But, in the opinion of probably all of this Faculty, the method
has now been somewhat overdone in the home of its origin. It is aot
universally applicable to all topics, and it omits to moot oertain
educational needs.
The extent to which it is actually used in this Sohool is shown
by tables under Part C (Curriculum) of this Report, The reasons for
not using it exclusively have been set forth by the Dean of the
School in an essay, part of which follows; this exposition does not
represent the formulated view of the Faculty as a whole, but it was
written after the Faculty had reorganized the curriculum in 1916, and
is an attempt to show good reasons for the tendencies that marked the
new curriculum;
"Lav/, in the first place, may be conceived of as a thing to be
ascertained; i,o,, as a mere fact of human conduct; and Law, in the
second place, may be conceived of as a thing to be questioned and
debated, i«e», as a rule which by some standard ought to be different
from what it is. The uncouth names given, for short, Tô Tïïese two
general branches of legal science were Nomoscopy and Homosophy; but
the names are immaterial,
"How the first general branch has three subdivisions; (a) We
may concern ourselves with ascertaining the actual rule of law of a
given moment in a given country, by studying 'the "sources in which that
law is expressed; call this, Homostatics, (b) Wo may concern ourselves
with ascertaining the former condition, history, and development of a
rule of lav/; call this, Hombge'nc'tics", (cl "W~may concern ourselves
with ascertaining the relation between law and other facts and their
sciences; call thisf Homophysics.
"ThG scoond general branch above has two subdivisions; (1) Wo
may take a standard of logic, analyze the rules of law, and examine
their consistency as a system or part of a system; Call this,
Homocritics, (2) We may take a standard of ethics, economics,
or politios, and examine the rules of law with 'reference to their
conformity to that standard; call this, Homothetics or Homopolitios,
"But there is also a third general branch (not taken up in'the
above cited article.) We may tako the Law of a given community,
or one or'more rules of it, and compare it with the law of another""
community, with reference to one or all of the above features, i»e*,
Comparative Law, or Supra-national Law,
Bart A. General Policies Sec. 26
"What is the significance of these distinctions for legal
education? There are substantially six distinct mental processes»
which need separate attention a nd cultivation,
"1. Analytic process. The first is the process of analyzing the
judicial decisions, to determine the Law as it is, by tracing the
logical implications of general principles as revealed in specific
cases,
"This process is what the case-study method provides for the
student. And it is the only process (of the six) that it provides,
"This is indeed the process most used by practitioners in their
ascertainment of the existing Law (DJomostatics) • And in the past and
present phase of our legal sources it is the most usually needed pro¬
cess, Therefore it calls for thorough mastery. And the great service
of Langdell's method was and is that it supplies that mastery. But
that process is not the only process of thought used and needed by
the lawyer or the legal scholar,
"2, Historic process. The second process of thought about Law
is the thought of it as changing, moving, developing, from a past
through a present into a future,— the historic process. This mode
of thought becomes specially important to a lawyer in an epoch when
his national law is in a period of rapid change,— that is, change
maturing in his own lifetime. To any student it is an important in¬
tellectual stage'when he first realizes that all law is in a state of
constantt motion, like a kaleidoscope,
"Many have fondly believed that this can be done and is done
by the case-study system, I doubt it. Something indeed can be done;
but not enough,
"3, Legislative process, A third process'of thought about Law
is the thought of it as something to be created, as made by ourselves,
and made to be perhaps different from what it now is, -- in short,
the legislative process. And, in a period of changing law, this too
becomes an important procoss for the lawyer,— the most important in
a civic sense,
"How the habitual analysis of judicial judgments does not in the
least cultivate the acquisition of this process. The two are fairly
alien to each other,
"The legislative process of thought about Law is necessary for
the lawyer; and the case-study method does not cultivate it at all,
"4, Synthetic process, A fourth process of thought about Law
is the process or Duxlding "up individual rules and principles into
a consistent system — of being able to trace every rule backwards and
upwards to its more and more general expressions and of harmonizing
these,— in short, the synthetic process.
-45-
Part A. General Policies Sec, 26
"This process is needed and has always been used to some extent
by lawyers®
"The oase-study method is capable, perhaps, of furnishing some
of the material for'this process. But it has ordinarily not been
so used; in its ordinary use its service is purely or mainly analytic
and not synthetic® The synthetic process of thought is often dis¬
missed (as in a recent official utterance) with the epithet of
"speculative jurisprudence." But its time must come, if our law is
ever to be soundly reconstructed; and legal education must provide for
this in its methods,
"5. Comparative process. The fifth process of thought about
law is the process of looking Cutside our own actual law ("the" law),
of conceiving a non-Ego in law, of realizing that other communities
live and move under other legal systems, and that these must be reckon¬
ed with in the life of our own law among nations" laws,— in short, the
comparative process.
"Fortunately, our own federal form of national life has already
tended strongly to cultivate in us this sense of law,
"The case-study materials, as hitherto provided, do not supply
this need. Much remains to be done for cultivating the sense of
national law as merely a member in the family of laws,— a family in
which we must be prepared to seek harmonious adjustment and mutual
profitable imitation.
"6, Operative process. The sixth process of thought about law
conceives of law as being a nominal rule (as declared by courts and
legislatures) which may in fact, however, not be enforced and •
practiced; it seeks constantly to keep aware of the gap, if any, be¬
tween the nominal rule and the actual custom; it may be called "the
operative process. This is Professor Ehrlich's "living law," (*)
"This.is, in one sense, the "practical" side of law ("pragmatic"
would more nearly describe it). It is often supposed to be taken"care
of by the so-called Practice courses; but that belief is an error,
Those courses deal mainly with judicial procedure. The present pro¬
cess involved the substantive law,
"The case-study method does something for this object-- perhaps
a good deal. What ought to be done is in every course, to provide a
systematic apparatus of documents taken from today1s customs of
trade and industry, and to make occasional excursions of inquiry into
statistics and other classes of facts, ' Thus only can this process of
thought be adequately cultivated.
Set forth in his paper read at the 1915 meeting of the
the Association of American Law Sohools,
-46-
Part A# General Policies Sec, 26
"To sum up: I invite assent to the following theses;
"That Law is dealt with, in nature and in thought, by six dis¬
tinct mental activities or processes,— the analytic, the historic,
the legislative, the synthetio, the comparative, the operative;
"That these six processes have greater or less importance at
different epochs'of a community's legal life; and that in our present
epoch the second, third» fourth, and fifth have a relative importance
which they have not had for a oentury at least;
"That the case-study method, as hitherto practiced, develops
mainly the first only; and yet that method represents five-sixths or
more of the student's activity under the ordinary curriculum of today;
and that this is disproportionate;
"That therefore greater relative place should he given to tho
others (relegating tho analytic process to, say, one half of the
course); and that more suitable methods and materials should be pro¬
vided for their adequate cultivation,"
Sec, 27 (C) Modes of Conduct of a Glass by the Instructor
The possiblo modes of conducting a class in law are;
(1) Formal lecture only (written or extempore);
(*) Soeratic questioning of the students by the instructor;
(3) Simple recitation by the students;
(4) Round table discussion, based on a paper by a student;
(5) Written reports of work done by the students presented in
class ;
*
(6) Oral speeches by the student, made in class;
(7) Oral critique by the instructor of written or oral pro¬
ductions as in (5) or (6).
(8) Uo class-room meetings, but outside reading or research
tested by periodic examinations;
-47-
Part A. General Policies Sec, 27
(9) Ho classroom meetings, tut outside reading or researoh,
reduced to a thesis, or series of theses, presented by
the student at the end of a period,
(10) Same as Ho, 8 or 9, but assistance given in the interim by
tutors
Of these, Hos, 1, 8, and 9 are the usual and staple methods used
on the Continent; Ho, 4 has nowadays obtained a footing, additionally,
in France, Hos, 1 and 10 are the usual methods in English univer¬
sities.
Ho. 3 was the method common in American law schools until the re¬
organization of the Harvard Law Faculty under Professor langdell in
1871, Ho. 2 is the method since then usually assooiated in general
repute with the system of oase-study. But Professor Langdell him¬
self used mainly Ho. 1; only, his lecture commented on the cases*
The methods of his colleagues and immediate successors combined
Hos. 1 and 2 in varying proportions; two at ïfest of his contem¬
poraries never used Ho. 2 to any important extent.
Ho American law school of high standards probably uses Ho, 3
today; and Hos. 8 and 9 are used, if at all, only occasionally for
graduate students.
Of the others, Hos. 1 to 7 (excluding No. 3), something will of
course depend on the subject of the course and the nature of the
sourcs—niaterials. Moreover, the method may be different in different
stages of a course.
In this School, the method for the grcatost number of courses is
the combination of Nos. 1 and 2. In two or three coursas, Ho, 4 is
used; in two or three others Ho. 7 (embodying Hosf 5 and 6), Ho
-48-
Part A. General Policies See, E7
general principles formulating the suitability of one or another
method seem to have been accepted.
Sec, E8 Examina.tions. In all methods, the undercurrent of aim
is to develop skill in solving practical problems involving legal
principles. The mastery of the principle leads up to the use of it
in practice,—la.w being an applied science. Hence, in most courses,
the student!s attainment is tested by examinations consisting of
problems to bo solved.
The valuation of these solutions is so delicate a matter for the
subjective judgment of the instructor that a movement has gained head¬
way in recant years (Originating at Columbia University) to sub¬
stitute "objective" examinations, i,e, in which the correct answer
is fixed beforehand, for all students, by a form of words, so that the
instructor values each studentTs answer automatically by its con¬
formity to that form of words.
This method has the two advantages of securing exactly equal
judgment for all students, and of minimising the instructor's time
and effort in valuing.
In this School three members of the Faculty have experimented
with the "new type" method during five years past. One of them is
satisfied with the results, and uses it almost exclusively. The
others are still experimenting, pending final study of the results.
-49-
Part A. General Policies Sod. 28
An account of the method as used at Columbia University is given
by Professor Wood in the Columbia Law Review for March 1924, reprinted
in the Amerioan Law School Review for May, 1924 ("Measurement of Law
School work"} • An;, account of the experience of the member of this
Faculty is given by Professor ICocourek in the Illinois Law Review for
Docombor 1921 ("Objective Law Examinations").
(P) Soope of Tonics covered by Courses.
(Sec. 29. (1) General jrarge. The topics covered by the several
courses in a law school do not represent the entire encyclopedia of
law, but only subjects which have in some degree a jurp.1 separatcness
and are worthy of scientific treatment, E»g, automobile-law or fenoe-
law finds no place in a curriculum as a separate course, Nevertheless,
since law is an applied science, the extent of use of certain
principles in current or future practice may call for a place; the bar
often demands a course in a subjoct that seems to have importance,
e.g. Debtor and Creditor, and to be capable of systematic treatment.
There aro in this School few such courses; Labor Law, Municipal
Corporations, and Trade Regulation, are perhaps the only ones; in
these courses a group of scientifically unrelated legal principles are
treated in their application to a subject having a certain economic
unity.
-50-
Part A. General Policies See* 29
See, 30, (2) Economics and politioal science» There is no
place in a law curriculum for topics of economics and political
science, as such. Since the installation of college training as a
requirement for admission, there is no need of such courses.
Nevertheless, economics and law, or political science and law,
deal often with the same field. In such law courses, there may he
given some attention to the economic aspeots, but it is purely sub¬
sidiary, Hence, the same subjects sometimes appear under Identical
names in the curricul.a; of schools of law and of commerce; e.g.
Federal Taxation, Interstate Commerce, Labor Legislation, Public
Utilities. So, too, for law schools and colleges the subjects of
Constitutional Law, International Law, Municipal Government, Admin¬
istrative Law, represent a common field. There is in such instances
no real duplication; each Faculty must have liberty to put the
emphasis upon its own science. The most that can and should be done
is to maintain a liaison between the two faculties, by occasional
conferences, so that each may profit by comparisons. This has been
done, in 1924-5, by this Faculty,
No doubt lawyers should know something about all topics of
commerce, for they may have cases involving all such topics. But so
also should they know something about the practical conduct of every
business and industry, about music, about farming, about typesetting,
and a thousand other things. As an actor may play any part, so a
lawyer may have any kind of a case brought to him. But it would be
futile for him to include all those experiences in his preparatory
education; life would not bo long enough* Hence, the legal curriculum
is restricted to the distinctively legal 'subjects.
-51-
Part A. General Policial Sed, 31
Seo, 31. (3) Fractionized subjects, Tho usual law currioulum
includes from 40 to 60 separate courses covering substantive law.
Why so many sub-divisions? Why not consolidate them into ten or
twenty long courses, scientifically connected?
On tho Continent this is done. The staple curriculum shows two
or three graded courses on Civil Law, two or three on Commercial law,
one on Criminal Law, one on Criminal Procodure, one on Civil
Prooodure, one on Constitutional Law^ one on Administrative Law, and
a few scattering courses. All the topical fractidnizing into Agency,
Mortgages, etc., etc,, etc,, so ndtioeablo in American curricula,
is hiisding. But what makes this possible is the codified basis of
the laW; the usual six codGs dictate tho scheme of tho curriculum,
in the United States this consolidation is probably impracticable^
ÎÛ the first place, the lack of codes loaves the schools with no
approved scheme of topios to follow* In the second place, the
habits of mind of the instructors have been formed in the colleges,
whero this fractionizing process has already been carried to an
extreme. Owing to oircumstanoes well known, the usual college
curriculum is loaded with separate courses on minute portions of a
field; c,g, in History, on the History of the Papacy from Innocent
III to Gregory IX, eto,, etc. The same tendency obtains in law
schools.
In the opinion of some members of this Faculty, it is unhealthy
tendency. It leadg to excessive time being spent on minor hapios;
it burdens the curriculum to the exclusion of needed topios; and it
stunts the students' initiative and independence of thought by im¬
planting the belief that he cannot hope to master a subjeot unless he
-52-
Part A. General Policies Sec. 31
has "taken" a course on that specific subject. It has certain ad¬
vantages, But it ought to be checked. There is however no prospect
of any change in the attitude of law faculties in general, îîor is
any change feasible in professional Schools, so long as the oolleges
allow it to dominate the intellectual habits of both faculties and
students.
Soc, 33, (4) Substantive and procedural law. The ratio between
oqurses in substantive law and courses in procedure {measured in
semester hours) has lately received the attention of a Committee of
the Association of American law Schools. TTo conclusions have yet
been reached (see the Report of the Committee on Prooedure, 1925),
But the result of an inquiry of fact shows that the rationin the
curriculum of this School, viz, 17$ is substantially identical with
the average ascertained 16,8$ for all the Schools in the Association
(the extremes ranging from 8$ to 35$),
Sec, 33, (5) Technical law. The ratio between courses in
——I— „ i* ■ mm •—*< ■ n m**m ' ■ i„ ,
technical law and courses in non-technical law (e.g. jurisprudence,
legal history, international law, oto,) has long been a theme of
argument with legal educators, The subject is fully dealt with in
Part C (Curriculum) of this Report,
(6) Sundry Courses, A few other aspects of this question of the
selection of topios have been the subject of some differences of
praotiee in lav/ sohools, e.g« courses in Elementary Law, Legal Ethics,
-53-
Part A» General Policies See, 33
etc. But any exposition of these details seems needless in this
Report.
E«, Method, in Specific Courses
Sec, 34. ,v.-Spécifie Courses. The foregoing questions of method
have naturally led to numerous differences of practice for specific
*
courses, not only for different schools, hut also for the same course
in the same school at successive periods. Almost every one of the
oourses, indeed, has a miniature history of its own» E.g. the
courses.in Tortsjj Evidence, etc., etc., have been treated differently
from year to year, with a view to profiting by experience. This
must be so in every progressive-minded faculty, No teaohor can fail
to profit by each year's ohanging experience in improving his method
at various points. But to describe in detail the history of method
in the several courses is hardly within the soopo of this Report,
The Association of American Law Schools has placed on its pro¬
gram, for several years past, Round Tables in five or six large
fields, and at these conferences the instructors from various fields
compare views as to methods. On two or three such occasions members
of this Faculty have been permitted to stage demonstrations of somo
of their novelties in method,
( 5 Section Numbers omitted)
-54-
Northwestern University Law School Educational Survey 10P5.
Part B. The Faculty.
Sec, 40. The description of the Faculty of the School can
best be arranged under the following heads:
History of the Faculty
Administrative Department
Contributions to Professional Publio Service
Editorial Service
Other Contributions to Legal Literature
Summer Term Faculty
Sec.
41
I.
Sec.
48
H
H
.
Sec*
43
III.
Sec*
44
IV.
Sec.
45
V.
Sec*
46
VI.
Sec.
47-51
VII.
Sec.
53
VIII
-55-
Part B: The Faculty: Sec. 41.
(I) History of the Faculty
Sec. 41. The history falls into four well-defined periods; 1,
to 1891; 2, to 1901; 3, to 1915; 4, since 1915.
b• History to 1891. In 1859, Thomas Hoyne gave five thousand
dollars to establish a lavj school for the old University of Chicago,
and thus became entitled to remembrance as the founder of the fourth
law school west of the JUleghanies. Two generations of his descendants
have since graduated at the School he founded. Henry Booth, ÎX»®., was
called to be the first Professor and Bean of the School, and served con-
tinuously for more than thirty years, until his retirement as Bean
Emeritus in 1892. In 1862 Harvey Bostwick Hurd., LL.B., became pro¬
fessor in the School, and gave an almost continuous service of forty
years.
Though thus distinctly continuous in its work and history, the or¬
ganic relations of the School passed through several stages. In 1873,
it came under the joint control of northwestern University and the Uni¬
versity of Chicago, and became thereafter knov/n as the Union College of
Law, In 1886 the University of Chicago ceased to have active existence;
later, its charter was surrendered; and in 1891 the College of Law was
formally constituted a department of Northwestern University.
Throughout these thirty years of existence the School plaj^ed an
important part in legal education in Chicago and in the ..lest. The most
noted names of legal history in Illinois have been associated \vith its
Board of Trustees and its Faculty, imong the judges who have served on
its Board were Thomas Brummund, Mark Skinner, Hugh Bickey, George
Manierre, Grant Goodrich, Henry G. Miller, Corydon Beckwith, and Oliver
Horton. Amond the others who served on its Faculty may be named the
-56-
Part Bj The Faculty} SeC» 41
Hon. John M. Wilson, judge of the Superior Court, a ripe scholar and
an eloquent orator; the Hon. Iyman Trumbull, justice of the Supreme
Court and United States Senator; James L. High, Ssq., the eminent
legal author»
Harvey Hurd, besides being the compiler of the 1874 Revised
Statutes of Illinois (which have lasted longer than any other statute-
book in the Union) , and the draftsman of the charter for the Sanitary
Drainage District (which solved Chicago*s water problem) was also the
draftsman of Illinois* only two original contributions to American
legislation, viz. the Title Registration Act of 1898, and the Juvenile
Court Act of 1899; the latter has been copied all over the world,
Abraham Lincoln, at the height of his professional fame, in 1860, was
arguing a case in the Federal Court, which was located in the same
building with the School, and it is recorded (in the "History of
Northwestern University", vol. IV)that the School was adjourned daily
at 10 A.M., to enable the students to profit by listening, and that
Mr. Lincoln would sit with the boys and chat, before Court opened, en-
tertaining them from his rich store of anecdotes.
2. History from 1891 to 1901. During this first period, the
School represented the best element at the Chicago Bar. In those days
law schools were few, and were not regarded as necessaries for the Am¬
bitious aspirant,—-rather as luxuries. There were no schools attract¬
ing a national patronage^because of their repute a,s schools; the few
institutions having an extra-state patronage drew rather by the fame
of some individual; these were Judge Gooley at Michigan, Professor
» •
Dwight at Columbia, Judge Tucker at Washington & Lee, Judge Minor at
Virginia, and Professor Hammond at Iov?a; in the former generation,
Professors Greenleaf, Story and Washburn at Harvard.
-57-
Part B: The Faculty; See. 41
But from 1871 onwards the now method of Professor Langdoll at
Harvard had been slowly winning support from its graduates in the pro¬
fession; and the 25Gth anniversary of Harvard College in 1886, and the
founding of the Harvard Law Review in 1887, brought the issue to a cli¬
max, made the case-method w ell -loi own, and for the first time mo.de
method tho important feature in legal education. The Harvard method
was signalized as the progressive one in legal circles.
Meantime, the Union College of Law in Chicago was going to seed.
In 1890, the new President Rogers arrived,and in 1891 reorganized the
Faculty. In 1892, three of the four principal older men were replaced
• »
by three very young men, progressive but not trained in the case-method#
Two of them loft after a year or so, and wore replaced by three other
young men, all graduates of the Harvard Law School. Tho case-method
was launched. But tho local bar had yet to be educated to it, as well
as to the idea of a fa.culty of young men, without any judges from the
bench or eminent figureheads; and the process was slow. Moreover,, tho
School possessed only a small library, was housed in inadequate rented
quarters, and had scanty funds. Furthermore, there was no doan; the
president of the University was acting dean (except for two or three
years when two Federal judges nominally filled the position). Add to
this, that the rewards of practice were tempting away the young res¬
ident professors one by one, to open offices in Chicago, so that, by
1901, only one was left. President Rogers had resigned, and there was
an interregnum. The School was at a crisis in its prospects; for the
reorganization of 1891 had not been adequately supported.
3. Prom 1901 to 1915. In 1901 Mr. Wigmore, the remaining res¬
ident professor, on his arrival in How York from a vacation in Europe,
was requested by telegram from the Trustees to accept appointment as
-58-
Part B: The Faculty: Sec. 41
dean. During the ensuing year, in consequence of the .appointment of
Edmund James as president, and of the crisis caused by President
Harper1s attempt to secure several members cf the Faculty for the new
law school just founded at the new University of Chicago, and also in
consequence of the acquisition of the new northwestern University
Building (the old Tremont House) as suitable quarters, the Trustees
lent their support to plans for a complete reorganization of the School,
—financially, physically, and podagogically.
With the immediate increase of the resident members from one to
four, the rapid enlargement of the Library undor Judge Gary's gifts,
the enlargement of the staff of non-resident specialists with modern
* «
training, the fortunate selection of new appointées, the installation
of new methods at numerous points, and the stimulation of alumni
loyalty, the School entered upon a new era, of progress. By this time
new State University law schools were springing up in many States, and
evening schools in Chicago began to flourish. But the repute cf this
School steadily grew and became attractive to students from a larger
and larger circle.
Of the young professors brought into the School in the second and
third periods, but now no longer connected with the School, their sub¬
sequent careers have testified to the good judgment of the presidents
who nominated thorn, as well as to the reasons for the School's merits
under their influence. Edward Harriman (1892-1901), author of the
most scientific» textbook on Contracts, is now a prominent lawyer in
Washington. ; Blewett Leo ( J.892r1900 ), one of the most accomplished
writers in the legaJL profession, .and the best a.ftor-dinner speaJcer of
his day in Chicago, is now counsel for the Illinois Contrai R. Co. in
How York City. Ernest Huff cut (1891-1893) wa.s afterwa.rds the popular
-59-
Part B: The Faculty: Sec. 41.
dean of the Cornell University lav/ School and legal adviser to the
Governor of New York. Nathan Abbott (1891-1894) went first to
Stanford University, and then to Columbia .University, whence he re¬
cently retired after 30 years service. Julian Mack (1896-1902) be¬
came Federal Circuit Judge in New York, and president of the National
Association of Jewish Charities. Frederic Woodward (1902-1907) after¬
wards dean of Stanford University law School, now vice-president of
the University of Chicago, is author of a standard treatise on Q,uasi-
Contracts (composed while in this school, but not published till later),
Albert Kales (1901-1917), author of treatises on Property law, and the
acknowledged prime authority in America in his field (after the death
of, his former teacher, Professor Gray of Harvard University) resigned
in 1917 to go into practice (having declined a professorship at the
Harvard law School), and died in 1922. Charles Cheney Hyde (1901-1920),
author of the now classical American treatise on International law, re¬
moved to Washington to become Solicitor to the United States Department
of State; and later to New York to succeed John Bassett Moore, as pro¬
fessor of International law at Columbia University. Henry Schofield
(1901-1919) author of a work on Constitutional law and Equity, and a
foremost American thinker in the former field, died in 1919. Roscoe
Pound (1907-1909), America's best known authority on Jurisprudence,
formerly dean of the Nebraska University law School, is now dean of
the Harvard law School. George Costigan (1909-1922) author of works
on Contracts, on Wills, on professional Ethics, and on Mining Law,
former dean of Nebraska University Law School, is now professor at
the University of California. Edwin Needy (1909-1915), a leading
authority in the field of Criminal Law, and secretary of the American
Section of the International Law Association,' is now professor at the
-60-
Part B: The Faculty: Sec. 41.
rcoïversity of Pennyslvania. Francis Philbrick (1919-1922), an author¬
ity on European legal History, is now professor at the University of
Illinois.
Legal scholarship has always been deemed the prime requisite in
the composition of the resident membership of this faculty.
4. From 1915 to date. The present period begins in 1915-16,
with the enlargement of the resident membership of the facility from
four to six, followed by the establishment of the 4-year law course,
the increase of entrance requirements, the raising of the tuition fee,
and the enrichment of the curriculum on both its practical and its
scientific sides.
The period 1901*1915, though marked by a steady increase in
numbers of students by more than 100$, the improvement of the cur¬
riculum, the founding of the Illinois law Review, the literary fertil¬
ity of the Faculty, and the great expansion of the library, had been
coincident with a rapid increase in law schools elsewhere, the organ¬
ization of the Association of American Law Schools (1902), and the re¬
port of Dr. Redlich to the Carnegie Foundation for Teachers.
These led to the demand for improvement of the law curriculum on
the scientific side, and to the consequent demand for college edu¬
cation to prepare for law studies and for the bar.
The former of these tendencies had long been anticipated in the
curriculum of this School. But it had been impracticable to give full
effect to the Faculty's aspirations because of its limited psrsonnel.
The latter of these tendencies had been partly recognized by re¬
quiring one year of college education for entrants under 21 years of
age. But further than this the Faculty hesitated to recommend, mainly
because of the certainty that diminished attendance would reduce the
-61-
Part B: The Faculty: Sec. 41.
credit side of the budget to a figure whioh would be impracticable for
lack of endowment or other special support. There were also the two
reasons (in the opinion of the Bean, at least) that the law schools
could not precede the .bar in raising these requirements, and that a
premature raise by a few schools would establish at the bar a cleavage
between an intellectually aristocratic element and a democratic ele¬
ment. On both those latter points the opinion of the Bean changed
later, for reasons which need not be here recited.
But the establishment of a college education requirement in three
or four other schools of repute had tended to effect unfavorably the
ratio of such students in this $chool; and this condition aroused the
interest of the Board of Trustees. Moreover, at this particular moment
a# Eastern University, yielding to the former of the two tendencies
above mentioned, planned to establish a school of jurisprudence, and
invited the dean of this School to undertake its organization. Tho re¬
sult was on July 17, 1916, the adoption by the Board of Trustees, of a
resolution giving full support to both these above named tendencies and
enabling the faculty to give full effect to them.
The main features of the action of the Board were:
(a) the establishment of seven resident memberships in the
Faculty, at an increased scale of salaries;
(b) the direction and authority to the Faculty to increase
*
the requirements for-entrance and graduation so as to
equal the highest recognized in any American law School.
The former of these measures was carried out to the extent of ap¬
pointing/two more resident members (increasing from four to six); but
the seventh plaqe, which was designated for Professor ICalos, failed of
-62-
Part B: The Faculty: See. 41.
effect, owing to his decision to remain in active practice, and no
seventh momhor has since been appointed.
The latter of these measures Was carried out by the Faculty, in
1916, first, by requiring for admission at least three college years,
and by requiring for graduation four law years (of academic units,
not necessarily calendar units), or three andc-half law years (of
academic units, throe of calendar units) for candidates entering with
four years of college, thus bringing up the requirements to the soven-
year figure recognized in four other law schools; and, secondly, by
enlarging the curriculum to meet the demands of the times.
Both of those changes are fully examined in this Report Part C
(Curriculum).
The composition of the personnel of the Faculty, in this fourth
period, in various aspects, is examined in this Beport, Part B
(Faculty).
Sec. 42 Prior to 1901, there was little administrative worki
From 1891, when Dean Booth resigned, Bresidont Rogers was acting dean
fc 3st of the remainder of his administration. Federal Judges
B] jford and Grosscup, late in the 90's, held the office for a year
or two each, but they never came to the School, except for occasional
lectures. The administrative details, which consisted chiefly in the
keeping of simple records of scholarship and of fees paid, were taken
P't
care of by the Secretary, Professor Harriman. In 1901, Mr, Harriman
(II) Administrative Department
-63-
Part B: The Faculty: Soc. 48.
resigned to go into practice, and Mr. Wigmoro was appointed Dean.. At
that time President Rogers had left tho University, and the appoint¬
ment of President James was pending. The Tremont House had Just Been
bought, and was being reconstructed for the three professional schools<.
At this moment, (1901) tho Law School of tho Uniyorsity of Chicago was
founded. One othor of tho original four resident professors at North¬
western had left, to go into practioe. There remained"two: Pro¬
fessors Mack and Wigmore. President Harper had secured acceptance
from Mr. Mack to Join the new faculty at Chicago. He now offered Mr.
Wigmoro a post, with tho added right to bri$g with him Messrs. Hyde
and ICales, two young lawyers who had Just been added to tho North¬
western Faculty in its reorganization. This offor was declined,
President Jamos having persuaded the Trustcos to givo hearty support-
to this Law School.
But in 1902 the new quarters wore occupied; the faculty had been
rebuilt; bho curriculum had been enlarged; tho alumni had been organ¬
ized; and the library had been quadrupled and was for the first time
passably adequate.
The administrative work now (1902) occupied a Dean and a
Secretary. Frederic B. Crossloy was appointod to the latter post, and
later to tho post of librarian. In this year began Judge Gary's con¬
tributions. These were continued each year, and the work of the en¬
largement of the library was absorbing, becauso tho larger part of the
acquisitions were in fields hitherto uncultivated in .America* and re¬
quired much study and correspondence. From that day to 1925 there has
been no enlargement of the library staff, except one (the only)
cataloguer,
f
About 1910 the University's new financial system was installed
-64-
Part Br Tho Faculty: See, 42»
and this added new clerical burdens. By this timo the Illinois Taw
Review and the Journal of Criminal Law and Criminology had been
founded, and they were honceforth managed from the School office,
Active alumni relations wore also enlarged, and liaisons made with
numerous professional organizations, such as tho Historical Committee
of the State Bar Ass'n., ote|
The three offices of secretary of tho school, librarian, and busi
ness manager of the periodicals are fillod by one person. Either of
the first two above would comfortably occupy one person's time, with
professional and clerical assistance,.
Tho allotment of work between secretary and dean is not made by
any specific rule. In general, the secretary supervises the making of
all school records and keeping of accounts, conducts an employment
bureau for alumni, prepares all schedules of examinations, courses,
etc., supervises the student book store, has charge of the condition
of the premises and equipment, conducts all correspondence and inter¬
views with applicants for admission, and supervises the students'
registration for the different courses, prepares all printed matter,
✓-etc., etc. He also conducts liaison relations with various bodies,
such as tho State Law Examiner's Board, the Association of American
Law Schools, and tho American Bar Association.
The dean (besides his courses of instruction as professor) con¬
ducts correspondence with alumni in various relations, and with numer¬
ous semi-professional committees (such as the editorial committees of
the Association of American Law Sohools, the advisory committee of tho
Foreign Laws Division of tho United States Department of Commerce, the
Legal Aid Bureau of the Unitod Charities of Chicago, etc. etc.),
-65-
Part B: Tho Faculty: See- 42,
negotiates with the 35 membors of the faculty personnel on the courses
of instruction, etc.etc. All mattors pertaining to admission and
graduation, which do not call for faculty action, aro settled by
conference between tho dean and the secretary. And in genoral, owing
to the long service of tho two under the successive regimes of four
presidents and four acting presidents, there is no hard and fast line
of demarcation; each commits to tho other any matter which for tho
moment seems most readily handled by tho other, whèther it concerns
the internal pr the oxtcrnal affairs of tho school.
The dean, besides holding the post of professor, is an associate
editor of tho two above named law periodicals, as well as of two
foreign law journals. By a tradition established some twenty years
agOj tho number of 7 semester hours of class-room locturo per week
is the maximum (this being virtually tho univorsally acoepted figure
in American law schools)*; making 14 semester hours for the y oar. But
for tho editor-in-chief of the Illinois law Review and for the dean,
an allowance of 2 semester hours is made. Neither of the present
incumbents has availed himself of this allowance for some years past,
owing to the demands for enlargement of tho curriculum. The cur¬
riculum is now excelled by none in its variety of offerings.
Owing to the location of tho school in the center of the metrop¬
olis, it has the advantage of receiving constant visitB from the
alumni, coming from Chicago and from all over the Country; from
Chicago they come daily. This makes an extra demand on administrative
time, not usually experienced in colloges. But it is invaluable in
keeping up friendships, so that the alumni really form one large
family for us. The kindly influcnco of Miss Mary E. Goodhue, chief of
-66-
Part 33: The Faculty; Sec. 42.
the office staff, is to he thanked for this in large part; the alumni
celebrated her tenth anniversary in 1923,
(III) Contributions to Professional
and Public Service
Sec. 43, A University's legitimate aims include the advancement
of science and learning, by the research and other activities of its
staff of masters (additionally to its pedagogic function with its
students in general); this has been noted in the outline of principles,
(Sec. 4). But Law is an applied science; therefore this part of a
University's aims, as effected through its Faculty of Law, will be
found taking shape mainly in two forms:
(A.) Institutes of Practical Legal Research oonducted by the
Faculty itself;
(B.) Memberships in outside organizations concerned with legal
progress ;
- (C.) Management of Professional Journals.
(A.) Institutes conducted by the Faculty
This Faculty has thus far conducted no special institutes. But
it has in view two distinctive fields in which, when funds are ob¬
tained, it expects to organize special institutes. These are fully
described in the leaflets of the "Seven Points" series issued in the
Endowment Campaign Plan of 1919.
(1.) Bureau of Legislative.Research. This would carry on the
usual work of such a bureau, well loiown by the- Wisconsin model founded
-67-
Part BJ The Faculty} See. 43.
by Mr» McCarthy. There oxists none a3 yet in Chicago. At Springfield
the State of Illinois conducts one,
SUch a bureau should be under tho disinterested control of a
University, and Chicago should possess one of its own»
(2.); laboratory of Criminal Science. This would coordinate the
several branches of workers whose knowlodgo bears on criminal science,-
lawyors, Judges, probation officers,- social workers, sociologists,
penologists, polico, medical men, psychologists. Only a University
can do this, No such laboratory yot oxists in the United States.
They have been started in Rome, Graz, Lyon, Buenos Aires, and Madrid,
on more or less limited plans. There is ample talent in Chicago to be
coordinated into a competent working institute of this sort.
It should bo added that tho Law School's rogular curriculum
already contains at. least two activities which may be noted here as
having more than a purely pedagogical purpose and result.
(3.1 Tho Legal Clinic, both in its civil and its criminal
branchos, aims to give the University a share in responding to the
world-old call for justice to tho poor and hclploss. (a) In tho civil
field, the Legal Aid Bureau handled 16,000 applications in 1924. Tho
»
share of this work contributed by tho students of tho School is limited
only by their number and tho demands of their other duties. Only two
or throe other law schools in the Unitod States as yet do anything of
this sort in tho civil field, and none others in the criminal field,
(b) In tho criminal field the income of tho James Nelson and Anna
Louise Raymond Foundation, given by Mrs. Raymond in 1926, for the sup¬
port of an educational legal clinic for tho poor, has been applied to
Y
eroato a Criminal Court Branch of the Legal Aid Bureau. This work is
-68-
Part B: The Faculty: Soc. 43.
directod by a committee of three, consisting of a delegate from the
Faculty of Law, the Superintendent of the United Charities, and the
Qhairman of the Chicago Bar Association's Committee on Defence of Poor
Porsons accused of Crime (this committee have a hundrod or more
volunteers on its list). The Faculty of Law appoints a managing
attornoy, who croates a liaison with the Chiof Justice of the Criminal
Court, the Bar members, the students, and the social investigator of
the United Charities. In the first year of the work, only Cases in
the Superior Court were undertaken; tho police courts will later be
included.
(4.1 The Museum of Living Law, started throe years ago, aims to
oollcçt every variety of instrument embodying human transactions of
mutual rights and obligations. The statutes and the courts lay down
thousands of rules. But there arc thousands of jural relations
actually in force between tho members of the community. These are
embodied in the instruments executed by tho parties and these instru¬
ments have the force of Law. The rights and obligations of the parties
arc found in those instruments, and nowhere else. The law contained in
thoso instruments bears the samo larger ratio to the law doclarcd by
courts end statutes that the submerged part of an ioobqrg bear/5 to the
portion visible abovo tho ocean's surface. That part of the law has
boon called the Living Law. Every Stato should have a Museum of Living
Law, In a few years from now, our Museum will contain 25,000 instru¬
ments, in which the scholar of tho future can study the legal
paleontology of 1924, and the practitioner of the day will find model
forms for every transaction.
(B.) Memberships in outside organization. The Faculty of Law of
-69-
Part Bî The Faoulty: Sec. 43.
thia University has always believed, with Lord Bacon, that "every man
is a debtor to his profession", and that a university professor of Law
in particular should exofficio accept any opportunity offered to render
public service in professional and semi-professional service.
Twice in the last ten years, the Bean"s annual report has con¬
tained a list of such activities (calling for professional attainments)
represented in the Law Faculty. The items change from year to year;
it will suffice here to illustrate with the list (not indeed complete)
of 1919-20;
•American Association of University Professors:
Committee on "University Ethics, the chairman.
American Bar Association:
comparative Law Bureau, Board of Managers, one member.
American Field Service Fellowships in French Universities:
committee on Nomination of Fellows, the chairman.
American Institute of Criminal Law and Criminology:
.Executive Board, the chairman and two members.
Editorial Board, three associate editors.
Research Committees, two members and a chairman.
Publications Committee, one member.
American Judicature Society;
Board of Directors, tnree members, and the secretary.
Association of American Law Schools:
committee on" Civil Procedure, two members.
Committee on Legal History, the chairman.
Committee on Legal Philosophy, the chairman and one member.
Central Howard Association (Discharged Convicts)
Board of Advisers, one member.
Chicago Association of Commerce:
Committee orTEducation, one member.
Chicago Bar Associâtion:
Committee on LegaX Education, the vice-chairman.
Chicago City Club:
Committee on Suffrage and Elections.
-70-
Part B: The Faculty; See. 43.
Chicago. Grime Commission:
Boarcl of AdvTscrs, two members.
Chicago Society of Advocates:
The Secretary.
Chicago United Charities:
Legal Aid Bureau, Board of Directors, one member. ,
Illinois State Bar Association;
Coinmittee on ÏTegaTEducation, one member.
Committee on Legal History and Biography, one member.
Committee on Membership, one member.
Inter-American High Commission:
United States Section, one member.
League to Enforce Peace:
Staff of LTctures, one member.
National Committee on Prisons and Prison Labor:
* Board- of~Trust ees, one member .
National Municipal League;
Council, one menTETer.
Committee on Municipal Courts, one member.
National Conference of Commissioners on Uniformity
"oT^ta'te" Leg"up.at'ion":
Illinois Stat eTTomm î s s i on, one member.
Selden Society (of England) (Legal History)
Council ™ one" member.
(IV.) EDITORIAL SERVICE
Sec, 44. The editorial service of this Faculty in professional
fields has»been extensive and varied. Three professional journals
have been founded by it and either entirely or chiefly edited by its
members; and on three others one or another of its members have for
many years taken part as associate editors. The last three journals
are the American Journal of International Law, the International
-71-
Part B: The Faculty: See, 44
Journal of Ethics, and tho (International) Revue d'histoire du Drc.it
(published in Leiden, Holland). Tho first three are the Illinois Law
Review, tho Journal of Criminal Law and Criminology, and the Journal
of the American Judicature Society,
(1.) Illinois Law Review. In 1906, the Faculty of Law founded
the Illinois Law Review, the first university legal journal to em¬
phasize the development of State Law. It furnished a model; and
-since then, a dozen other such journals have been founded, in
California, Michigan, Iowa, Missouri, Texas, Virginia, Minnesota,
Nebraska, and other States. The Review, however, dealt also broadly
with national law and with comparative law, and now circulates all
over the world. In 1924, it accepted the cooperation of two other
University law faculties in this State, the University of Chicago
and the State University, and is now managed and edited by the three
faculties jointly; the Quarterly of the State University (founded in
1919) being merged with it. The editor-in-chief and the business
manager were at first members of this Faculty; in 1926, a member
of the Faculty of the University of Chicago became editor-in-chief.
The signifie,ant thing, in its relation to the Faculty, is that
for the first ten years or so of its existence the Review was pub¬
lished at the personal expense and risk of tho Faculty alone, with¬
out aid from the funds of the School or the University. Later, the
annual subvention that had been used for printing occasional School
Bulletins was transferred to the Review.
(2.) Journal of Criminal Law and Criminology. In 1909, this
University, to celebrate tho 50th anniversary of tho founding cf the
Law School, called a National Conference on Criminal Law and
-72-.
Part B: Tho Faculty: Soc. 44.
Criminology, The Conference organized the American Institute of
Criminal Law and Criminology and the Doan of this School was elected
as its first president. The Journal was founded by the Instituto; but
since 1911, its editor-in-chief has been a professor in the College
department of psychology, and its business manager has boon a member
of the faculty of in this University, and two other members of tho
faculty of law havo been associate members. Sinc.c 1922, the Journal
has boon published and partly subsidized by tho Northwestern Univer¬
sity Press, and its inspirational headquarters have always been horc.
It was and still is the only journal of its kind in the English ■
language. It circulates from London to Buenos Aires, from Chicago to
Calcutta, The stimulus given by it as the solo organ and common arena
for the many branches of experience that contribute to criminal science
has undoubtedly been the chief causo for the rapid development of
scientific work in the crime field in the last fifteen years.
(3,) Journal of the American Judicature Society, This journal
was founded in 1916, by Professor Harlcy, who had just been ma.de a
member of the Faeulty of Law, About 1912, he had organized in Chicago
the American Judicature Society, whose purpose was to study dis¬
passionately and constructively the improvement of the administration
of justice, Until that time, nl> such organization existed. The
Directors inclndod half-a-dozen prominent lawyers in other States, and
Mr. Charles Rugglcs of Michigan flnqnçcd ^s oxponses. But the work¬
ing nucleus consisted of threo members of this Faculty of Law, two
alumni of this School, and two members of the University of Chicago
Faculty of Law; Professor Harlcy v/as socretary, and Chief Justice
Olson president; professor Kales principal draftsman. After a few
-73-
Part B: The Faoulty: See. 44.
years of drafting model acts, the Journal was founded to propagate
tho work; its list included from 3000 to 5000 names. It served'as the
principal medium for encouraging action by the Bar in every State, or
tho great measures of improvement, viz., unification of State courts
and of metropolitan courts; establishment of courts of concilation arid
small claims courts; simplification of civil procedure; transfer of
civil procedure from the legislative to the judicial control; organ¬
ization of tho bar; legal aid to the poor; and other measures. It is
no exaggeration to assert that virtually all the great moasures now
accepted by tho leaders of tho profession as tho approved marks of
progress in civil justice wore initially launched to tho Bar through
this Society, and owo their prcsont hopeful prospects to tho concen¬
trated sorvico of the Journal.(*) To Professor Harley must be given
credit as the founder and fosterer and most devoted laborer in this
'field,
{4.) In a survey like this it remains to note that in tho opinion
of this Faculty there is need now, in American Legal thought, for tho
establishment of two more specialist journals, and that this School is
a natural placo for their location, viz., a Journal of Jurisprudence,
(*) A letter of Mr.Elihn Root to Mr.Rugglcs, dated Pec. 19,
19£5, says:
"The Judicature Society has served as a guide and model for
a. grea.t amount of thorough research and effective effort in
the fiold of administration of justice and in the kindred
fields of substantive lav/ -,nd jurisprudence now undertaken
by newly created organizations."
-74-
Part B: The Faculty: See. 44,
and a Journal of Comparative Law.
The legal profession is awakening to the value of pure legal
science as such; and there is need for an organ to cultivate it. The
traditions and equipment of this School fit it to render this service.
Comparative Law is a "branch of learning new to America, hut now
pressing for attention. World-relations in law (not international law,
but so-called private lav*/, i. e., commercial law and the like) are
"becoming, daily more emphasized. The time is ripe to utilize to its
fullest the splendid equipment of the Elbert H. Gary Library of Law;
only one or two other schools in the country are fitted to undertake
this service.
These two .journal's should be reckoned among the needs of the
School.
(7.) OTHER QOHTRIBUTIONS TO LEGAL LITERATURE.
Sec. 45. This Faculty, during the last quarter of a centuiy, has
been the most prolific of any law faculty in the United States, in its
contributions to legal literature; indeed, the estimate may be ventured
that, in point of mere bulk, its contributions have exceeded those of
any other fopr or five faculties of law.
This has partly been due to the circumstance that the Illinois Law
Review, founded in 1906, was the first university law review to bo
edited by the faculty itself (instead of by students); and, for many
years, was the only one having this feature. Honce, its critical con¬
tributions to professional litoraturo easily outstripped thos o of any
-75-
Part B: The Faculty: See. 45.
other faculty of law during that period# Moreover, the Journal of the
American Judicature Society, now in its eighth volume, has teen solely
edited by a member of this Faculty, and has been composed largely of
his own contributions.
A complete exhibit of professional titles contributed by members
of this Faculty since 1901 would have to include articles published
elscwhoro by former members during their membership, and this portion
is not now obtainable# The exhibit will therefore be made under the
following divisions:
(A.) Books by past members while in this Faculty;
(B.) Contributions by present and past mombers in the
Illinois Law Review;
(C,) Books and Articles published elsewhere by present
members.
(A.) BOOKS BY PAST MEMBERS (sinoo 1902) WHILE IN THIS FACULTY.
" ■*' ' - , v ■ *
Frederic C# Woodward; Treatise on Quasi-Contracts (1907)•
Henry Schofiold: Essays on Constitutional Law and Equity
(2 vols. 1919)';' publishod posthumously.
Rosooo Pound: (Ho books» copious articles).
George F. Costigan: American Mining Law (1908).-
Cases on Wills, Bescent, and Adminis¬
tration (1910).
Performance of Contracts (1911).
Cases on Mining Law (1912).
Cases and Other Authorities on Legal
Ethics (1917).
Cases on Contracts (1922).
(and copious articles).
Charles Cheney Hyde: American International Law (2 vols.
* —ar— 1922}.
-76-
Part Bj The Faculty: Sec. 45
Albert M. Kales: Homestead Exemption laws of Illinois (1902).
- Future Interests in Illinois (1905).
- Cases on the law of Persons (1911).
- Cases on Contracts and Combinations in
Restraint of Trade (1916).
- Cases on Future Interests (1917).
- Restraint of Trade (treatise) (1917).
- Estates and Future Interests (1920),
- Model Acts for Unified Organization of
Courts (draftsman; 1912-14).
- and copious articles.
Edwin R. Keedy: - Criminal Procedure in England and Scotland
(1915).
(B.) Contributions by prosent and past members
in the Illinois Law Review,
Vols.I - XIX (1906-1925).
ADAMS, SAMUEL.
Constitutional Law—The Garnishment Act of 1905 Invalid.
Equity Practice—Appeal .from Decretal Order Dismissing Bill as to
part of Defendants.
Pleading—Plea of General Issue by Railroad Company an Implied
Concession of Operation.
ALBERTSWORTH, E. F.
Labor Law—Interstate Commerce—Strike as Conspiracy Against
Interstate Commerce.
ALSAGER, C. MARTIN.
Constitutional Lav;—Validity of Ordinance Regulating Removal of
Business.
Constitutional Law—When a City Ordinance Requiring License for
Distribution of Advertising Is Void.
Constitutionality of Act Limiting Right of Municipality to Divert
Water Flow.
Instance Law—Benefit Insurance Guarantee Fund Cannot Be Applied
to the Payment of an Overdue Assessment.
AUSTIN, EDWIN C.
Evidence—Expert Witnesses, Rules Governing Examination of in
Illinois.
-77-
Part B: The Faculty: Sec. 45.
BARNES, CECIL-.
Ante-Nuptial Contracts--Grounds for Setting aside—When Confiden¬
tial Relation Commences.
Ante-Nuptial Contract—Inadequate Provisions—When Confidential
Relation Begins—Burden of Proof as to Fair Treatment.
Ante-Nuptial Contracts—What Is Sufficient Proof of Fair.Treat¬
ment—When Confidential Relation Begins.
Ante-Nuptial Contract s —When Confidential Relation Commences —
Burden of Proof.
Election—Widow's Renunciation of Will—Equalizing Legacies.
Husband and Wife—Conveyances before Marriage as Fraud on Wife.
Income Tax—Lessee's Covenant to Pay Taxes Docs not Include
Lessor's Income Tax.
Inheritance Tax—Gift in Contemplation of Death—Taxability of
Vested Remainder,
Inheritance Tax—Obligation of Lessee to Pay Inheritance Taxes on
Decease of Lessor,
Inheritanco Tax--Taxability of Debts.
Inheritance Tax—Taxability of Stock of a Foreign Corporation.
Inheritance Tax—Taxation on Transfer of Property in State upon
Death of Non-Rcsidont Owner.
Inheritance Tax—Transfers Intended to Take Effect at Grantor's
Death.
Inheritance Tax—When Intestate Property Vests.
Joint Tenancy—Husband and Wife,
Post-Nuptial Contracts.
Tax—Inheritance.
Taxation of Conditional Estates.
The Inheritance Tax and Its Relation to the Drafting of Wills.
Trusts—The Statute of Frauds—Equitable Conversion—When a Court
lilay Docree Termination of Trust.
Wills—Revocation.
BARNETT, OTTO RAYMOND.
New Equity Rules as They Affect Patont Infringement Suits, The.
Revision of Our Patent System by the Oldficld Bill#
BAYS, ALFRED W.
Carriers—Limitation of Common Law Liability--How Affected by the
Intorstato Commerce Act of 1906.
Ccmetcrics--Discrimination Against Negroes,
BERGLHND, EDWARD G.
Laws of Illinois Enacted by the Fifty-First General Assembly.
(Co-Compiler)
BISHOP, HOWARD F.
Municipal Corporations—Basement Sales Ordinance.
Municipal Corporations—Billboard Ordinance.
MSInicipal Corporations—Conflict Botwccn State Statute and City
Ordinance•
—78 —
Part B: The Faculty: Sec. 45
Municipal Gorporations--Control Over Streets—City's Power to
Authorize Private Subway.
Municipal Corporations—Oarage Ordinance.
Municipal Corporations—Liability for Torts—Negligence of
Employee of Library Board.
Municipal Corporations—Police Power—Fire Drill Ordinance.
Municipal Corporations—.police Power—Ordinance prohibiting
Smoking Tobacco in Public Streets Invalid.
Municipal Corporations—Police power—Régulât ion of Sale cf Milk.
Municipal Corporations—Prohibition of Liquor Advertisements.
Municipal Corporations-Regulation of Motor Vehicles—Conflict
Between State Statute and City Ordinance.
Municipal Corporations—Special Assessments—City Ordinance for
New Michigan Avenue.
Municipal Corporations—-Statutes Granting Power to Municipal
Corporations Strictly Construed.
BRUCE-, ALEXANDER A.
Bar Admission, Judicial Control Of-.
Boycott—Action for Damages for Discharge Occasioned by Refusal
to Supply Material to Employer.
Constitutional Law—Aliens—Equity—-Right of Aliens to Own Land
for lAgricultural Uses—Injunction Against Public Officers —
Classification.
Constitutional Law—Criminal Law—Right to Raise Question of
Unconstitutionality for the First Time on Appeal.
Constitutional Law—-Due Process of Law—Classification—Right of
Petitioner to Appeal from an Interlocutory Order Refusing to
Appoint a Receiver.
Constitutional Law—Due Process of Law—Minimum Wage Act.
Constitutional Law—Due Process of Law snd the Equal Protection
of the Laws--Elections—Validity of a Statute Requiring
Employers to Pay Their Employees for the Time Consumed in
Exercising the Right to Vote.
Constitutional Law—Eminent Domain—Scenic Highways and the Public
Use.
Constitutional Law—Equitable Rights—Statute Regulating Hours of
Female Employees in Restaurants—Class Legislation,
Constitutional Law—Fourteenth Amendment--Teaching of English
Language in Schools.
Constitutional Law—Interstate Commerce—Protection of Game and
Alligat ors.
Constitutional Law—Interstate Riparian Rights — Irrigation--Prior
Beneficial Use.
Constitutional law—Rules of Property and the Obligations of
Contracts.
Constitutional Law—Special Legislation—Competitive Bidding and
the Publication of State Statutes—Injunction,
Constitutional Law—Taxation—Federal Aid—Injunction,
Equity—Election of Remedies--Public Lands Acquired by Fraud.
Injunction—Restraint of Trade and of Interstate Commerce—Strikes.
Safety First,
Schools—Prohibition of Secret Societies,
-79-
Part B: Tho Faculty: Sec. 45
CALDWELL, LOUIS G.
Constitutional Law—Tho Abrams Case.
Early Legislation Regulating theKPraetice of Medicine.
Laws of Illinois Enacted by tho Fifty-First General Assembly.
(Co-Gompilcr with Homer H. Cooper, George P. Costigan, Jr.,
Charles B. Elder, Louis M. Greeley, William H. Haight, Henry C.
Hall, Herbert Harloy, Elmer M. Lecsman, Stephon A. Love, and
_Edward G• Berglund.)
Libel—Comment and Criticism—Charge of Crime Against Candidate
for Public Office.
Libel and Slander—Plea of Justification to Part of Dofamatory
Matter—
Truth as a Defense in Civil Cases—Fair Comment,
Medicine and Surgery—Constitutionality of Modical Practice Act
with Respect to Chiropody,
Municipal Corporations—Validity of Ordinances—Police Power.
Telegraph Companies—Conflicting State and Federal Regulation—
Limiting Liability for Unreported Message.
COOPER, HOMER H.
Declaratory Judgment, The.
Insurance, Incontestable Life.-
Judicial Notice in the Law of Illinois.
Laws of Illinois Enacted by the Fifty-First General Assembly.
(Co-Compiler)
COSTIGAN, GEORGE P., JR.
Accomiting—Coming into Equity with Clean Hands.
Code Pleading, The Spirit Of.
Constructive "Trusts Based on Oral Trusts of Land.
Constructive Tx-usts—Deed on Oral Promise by Grantee—The Statute
of Frauds—Confidential Relation of Husband and Wife—promise
of Exoneration of Intestate's Personalty out of Mortgaged Land*
Constructive Trusts—Is One Who Murders His Ancestor in Order to
Secure by Descent the Batter's Property to Be Deemed a
Constructive Trustee?
Contracts—Architect's Certificate—Stipulated Damages.
Contracts—Conditions Irapliedin Law—Performance "to the
Satisfaction" of the Other Party—Practice—Another Action
Pending—Motion to Dismiss Second Action.
Contracts—Construction of—Hardship—Satisfaction of Contracting
Party—Termination on Notice—Consideration.
Contracts in Partial Restraint of Trade Made by Public Service
Corporation.
Contracts—Legality of—Champerty.
Contracts—Offer and Acceptance—Revocation of Offer—Delivery of
Sealed Writing—The Statute of Frauds—Subsequent Memoranda—
Deeds as Memoranda--Specific Performance.
Contracts—Time of Performance.
Contracts Under Seal—Waiver by Parol—Alteration or Modification
by Parol,
*80-
Part B; The Faculty: Sec. 45
Contracts—Wilful Breach—Right of One Who Sells on Credit to
Compel Buyer to Mitlgage Damages by Paying Cash.
Duress—Equitable Relief.
Frauds, Has There Been Judicial Legislation in the Interpretation
and Application of the "Upon Consideration of Marriage" and
Other Contract Clauses of the Statute Of.
Gifts Inter Vivos—Undue Influence--Resulting Trusts,
Illegal Contracts—Violations of Divorce Laws--In Pari Delicto.
Laws of Illinois Enacted by the Fifty-First General Assembly.
(Co-Compiler)
Leases—Conditions Implied by Law—Breach to the Essence—
Beneficiaries of Sealed Contracts—Privity*
Leases—Knowledge of Lessee's Intent to Use the Premises Illegally
—Parol Evidence That Landlord's Agent and Lessee Made the Lease
with the Understanding That the Sunday Closing Law Was to Be
Violated.
Life Insurance Benefit Certificate—Warranties.
Quasi-Contractual Obligations of Municipalities.
Resulting and Constructive Trusts* Confidential Relationship.
Resulting Trusts.
Resulting Trusts—Fraudulent Conveyances.
Trusts and the Statute of Wills—Bequests on Unattested Trusts.
Trusts—Breach of Fiduciary Relationship—Mental Capacity of
Grantor.
Trusts—Constructive—Admission in Answer Which Sets up Statute of
Frauds.
Trusts—Equitable Fee Tail Estates—The Illinois Fee Tail Statute
—Shall Equity Follow the Law?
Trusts—Gifts Causa Mortis and Inter Vivos.
Trusts—Investment by Testamentary Trustees—Investments In Real
Estate in Other States.
Trusts—Resulting Trusts—Evidence.
Trusts—Their Partial Termination.
Trusts—Trustee's Power of Appointment of Successor—Contingent
Remainderman as Trustee—Exercise of Power of Appointment with¬
out Words of Conveyance—Transferability of .powers Vested in
Trustees*
Workman's Compensation Act—Extra-Hazardous Occupât ions-
Constitutional Classification of Occupations.
ELDER, CHARLES B.
Administrative Law—Certiorari—Review of Proceedings Under
Workman's Compensation Act.
Administrative Law—Delegation of Discretion—Due Process of Law.
Administrative Law—Saloon Licenses—Discretion in the Issuance.
Adoption—Construction of Act.
Appeal and Error—Issuance of Certiorari from Supreme Court to
Appellate Court—Jurisdiction Where Judgment Is for Less than
^1,000.
Certiorari—Admissability of Extrinsic Evidence—Delay in Seeking
Relief.
Corporations, Foreign—Judgments—Jurisdiction*
-81-
Part B: The Faculty: Sec. 45.
Courts and Lawyers in Ireland. Legal Observations of an American
Lawyer in Ireland.
Criminal Procedure—Nolle Prosequi—Control of Court Over.
Equity Practice—Preservation of Evidence to Support the Decree.
Former Adjudication—Merger—Judgment for Physician's Services as
a Bar to Action for Malpractice,
Garnishment--Money Held by Sheriff—Rights of Execution Creditor.
Garnishment—Payment on Garnishment in Another State no Defense.
Habeas Corpus—Appeal.
Habeas Corpus, Jurisdiction—Attacking Validity of Discharge by
Mandamus.
Interstate Commerce—Carrier' s Charges—Liability of Consignor and
Consignee at Schedule Rates.
Judgments—Equity Pleading—Creditor's Bill—Return of Execution
Uïisatisfied—Pleading Defects in Return.
Judgments—Execution Against the Person After Return of Property
Execution Unsatisfied.
Judgments--Judgment Is a Unit-Reversal in Entirety for Error as
to One Joint Defendant in Tort.
Laws of Illinois Enacted by the Fifty-First General Assembly.
{Co-Compiler)
Mandamus—Compelling Abatement of a Public Nuissance.
Mandamus—To Compel Mayor of City to Enforce Law.
Mandamus to Governor—Consent of Present Executive as Authorizing
Reviewal of Action of Former.
Procedure—Pleading-Joinder—Joint Tort-Feasors.
Q,uo Warranto--Statutory Construction—Return of Summons.
What Shall Be Done wjtth the Writ of Habeas Corpus?
FORSTALL, JAKES J.
Income Taxation—Revenue Act of 1913—Increment of Trust Estate
Accumulated for Unascertained Beneficiaries.
FOLLANSBEE, MITCHELL D.
Appeal and Error—Certiorari Act—Review by the Supreme Court of
Facts in Chancery Cases.
Appellato Court-Jurisdictional Amount Requisite for Review in
Supreme Court•
Appellate Court Practico—Entry of Judgment for Plant iff Where
Directed Verdict for Plantiff Would Have Been Proper.
Attorney's Fees—Disbarment for Excessive Charges.
Attorney's Lien.
Constitutional Law—Municipal Court Act—Change of Venue.
Fraudulent Practice of Law—Constitutionality of the Statute.
Practice--New Trial—Whether the Right to Move for a New Trial Is
Waived by a Motion for Judgment on Special Findings.
GOLDING, ROBERT N.
Alimony Pendente Lite in Annulment and Divorco Cases Wherein the
Wife Is the Defendant.
-82-
Part B: The Faculty: See. 45.
Bankruptcy—Creditors—Interpretation of Bankruptcy Act.
Bankruptcy—Endorsers—Composition—Discharge Under the
Bankruptcy Act.
Constitutional Law. Liquor Nuissance. Constitutional Questions
. Involved in the Abatement and Injunction Sections of the
National Prohibition Act.
GREELEY-, LOUIS M.
Adoption Proceedings—Presumption as to Jurisdiction.
Amendment of Bill in Chancery—Cross-Bill—Service by Notice of
Pendency and Copy of Bill—Decree on Notice by Publication.
Bills and Notes—Endorsers—Joint Liability—Irregular Endorsers.
Bills of Exchange, Foreign—Liability of Drawor.
Carriers—Acceptance.
Carriers—Bill of Lading.
Carriers—Carmack Amendment.
Carriers—Conflict of Laws—Necessity of Shipper's Assent to Terms
of Bill of Lading.
Carriers—Connecting Railroads—-Termination of Initial Carrier's
Liability.
Carriers—Passenger—Acceptance.
Carriers—Restriction of Liability—Authority of Consignor to Bind
Consignee.
Carriers—Right of a Railroad to Give Exclusive Privileges to a
Single Transfer Company.
Carriers—Ticket—Time Limit.
Certificate of Deposit—Demand for Payment—Limitations.
Changing Attitude of the Courts Toward Social Legislation.
Commercial Paper—Negotiability—Agreement for Extension after
Maturity.
Commercial Paper—.Purchase after Maturity—Equities of Third
Persons. t.
Common Carriers—Baggage— Limitation of Liability—Scheduled Rates
—Interstate Commerce Act.
Common Carriers—Liability for Personal Injuries to Mail Clerks—
Liability for Loss of Mail.
Common Carriers—Limitation of Liability—Bill of Lading.
Common Carriers--Loading--Special Facilities—Who Has the Sight
to Furnish.
Conflict of Laws—Validity of Contracts—Competency.
Conflict of Laws—Validity of Contracts--Usury.
Constitutional Law—Compulsory Registration of Title by Executors
and Administrators.
Constitutional Law--Interstate Commeroe--Carmack Amendment—
Jurisdiction of State Courts.
Constitutional Law—Primary Election—Cumulative Voting.
Constitutional Law—Workmen's Compensâtion Acts-—-Maritime
Employment—1922 Amendment, Sec. 24, Federal Code.
Deed—Identity of Grantee—Fraudulent Impersonation—Unauthorized
Delivery by a Depositary.
Equitable Mortgages—Recording Act*—Priority*
Execution Sale, Sheriff's Deed Under a Void—Bill to Remove a
Cloud—Equitable Conditions to Relief.
-83-
Part B: The Faculty: Sec. 45.
Express Companies—Released Rates—Failure to Declare Value,
Fictitious Payees in Forged Checks or Bills.
Future Equitable Interests—Shifting Uses.
Gifts over on Death without Issue of a Prior Taker—Period to
Which Death is Referable—Shifting and Springing Uses.
Importât ions—Trust Receipts—Bankers* Rights as Against Third
Persons.
Interstate Commerce Act—Long and Short Haul—Amendment of
June 18, 1910,
Interstate Commerce Act—Power of Commission—Tank Cars.
Judgment on Constructive Sorvice—Error in Name—Duo Process of
Law.
Judgments—Protoction under Docreo of Judgment.
Jurisdiction—Jurisdictional Finding.
Last Illinois Primary Law Decision, The.
Laws of Illinois Enacted by the Fifty-First General Assembly.
(Co-Compilor)
Lien, Judgment—Recording Act.
Lis Pondons— Rocording Act—Protection undor Decree of Judgment.
Machinery Sold under Resorved Vendor's Lien--Subsequent Annexation
to Land—Priority as Between Vendor's Lien and Prior Mortgage of
the Land,
Mortgage— Foreclosure—Parties—Wife of Grantee of Equity of
Re dempt i on—Lac he s.
Mortgage—Insurance—Foreclosure.
Mortgages—Absolute Deed with Separate Agreement to Reoonvey—
Rature of Mortgagor's Interest,
Mortgages--Foreclosure—Deficiency Decree--Redemption.
Mortgages—Trust Deed—Release--payment—Substitution of Notes
Secured.
Negotiable Instruments—Acceptor of Altered Draft--Liability Under
Sec. 62 of the Uniform Law.
Negotiable Instruments—Holder in Due Course—Presumptions—
Conditional Delivery—Parol Evidence.
Negotiable Instruments—Endorsement—Joint Makers.
Negotiable Instruments—Necessity of Endorsement—Fictitious
Parties.
Negotiable Instruments—Parol Agreement Varying Endorser's
Liability.
Negotiable Instruments—The Payee as Holder in Due Course—Uniform
Negotiable Instruments Law.
Negotiable Instruments Act, The New Illinois.
Parol Law, The Recent Decision on The,
Partition—Joint Tenancies.
Perpetuities—Rule Against.
Pledge of Negotiable Note and Mortgage—Power of Sale—Rights
of Purchaser.
Power of Appointment--Confirmation of Defective Exooution.
Power of Appointment—Death of Appointee—Lapse.
Power of Interstate Commerce Commission to Regulate Interstate
Rates Discriminatory in Respect to Interstate Rates.
Prosont Status of Diroct Nominations, The,
Property-Bailmont—Tort Action /gainst Third Person—Who May Sue—
Contract Act ion—Recovery Against a Part of the Defendants.
-84-
Part B: She Faculty: Sec. 45,
Property—Lis Pendens—The Recording Act.
Public Utilities~-Power of Commission to Increase Rates Fixed by
Ordinance.
Purchase for Value Without Notice«-Value—Evidence,
Recording Act--Erroneous Description—Constructive Notice.
Rights of a Surviving Husband in the Wife*s Estate.
Solicitor's Fees—Trusts—Vexatious Litigation.
Special Assessments--Constitutional Law—Local Improvements.
Stre et s —Vacation—Compensâtion.
Taxes—Forfeiture--Foreclosure—Prior Tax Sale's Notice—
Jurisdiction—Collateral Attach.
Testamentary Dispositions—Parol Evidence.
Titles Derived Under Judicial Proceedings in Illinois.
Vondor and Purchaser—Abstract of Title—Limitation Title-
Affidavits.
Vendor and Purchaser—Contract to Convey by Warrenty Deed—
Merchantable Title—Defects of Title.
Void Mortgage—Subrogation to Prior Mortgage.
Wills—After-Born Children—Intention to Disinherit—Conflict of
Laws.
Wills—Construction—Gift Over on Death of First Taker.
Wills—Effect of Foreign Probate,
Wills—Executory Devise.
Wills—Implied Revocation of Will by Later Inconsistent Will.
Wills—When Record of Foreign Probate Becomes Notice.
HAIGHT, WILLIAM H.
Back Seat Operation of Automobile,
Carriers—Insurance—Double Indemnity Under Accident Insurance
Policy.
Laws of Illinois Enacted by the Fifty-First General Assembly.
(Co-Compiler)
Liability of a City for Obstructions Above a Street.
Sales—Passing of Title by Delivery of Bil'1 of Lading.
HALE, WILLIAM B.
Bank Fraud—Director's Liability—Bates v. Dressier, 251 U. S.
524; 40 Sup. 247.
Certificates—Pledge of Stock Certificates.
Consolidation of Railroad Companies.
Corporate Law Revision, A Field for: Collateral Attack.
Corporations—Distinction Between Public and Private.
-Cprporations—Distinction Between Purchase and Consolidation.
Corporations—Residence Of.
Corporations—Ultra Vires Contracts,
Directors* Right to Deal With Their Corporations in Illinois Law.
Extension of Corporate Existence.
Holding Companies in Illinois.
Illinois Capital Stock Tax.
Payment of Value for Railroad Bonds—Quo Warranto.
Securities Law, The New Corporation Act and The.
-85-
Part B: The Faculty: Sec. 45.
Stockholders' Liability—Interstate Corporations.
Stockholders' Liability to Creditors: A Field for Corporate Law
Revision.
Termination of Corporate Charters—Ultra Vires Conveyances.
Trust Fund Theory, The—Fraud in Reducing Capital.
Voting Trust Agreements.
HALL, HENRY C.
Benefit Societies—Effect of Amendment of Organic Statute upon
Previously Designated Ineligible Beneficiary.
Benefit Societies—Vfaiver of Proof by Local Lodge.
Benefit Societies—Who May Be Designated as a "Dependent"
Beneficiary.
Casualty and Surety Company Incorporation.
Compensation for Property Destroyed to Stop the Spread of a
Conflagration, (Co-Author with John Henry Wigmore.)
Evidence—Admissability in Suit on Insurance Policy of Evidence in
Prior Criminal Proceedings Against the Assured for Felonious
Burning of the Property.
Evidence—Admissability of Evidence Given at Former Trial by
Witness Since Deceased,
Fire Insurance—Change in Interest, Title or Possession of Subject
of Insurance.
Fire Insurance—Incendiarism by Stockholder as a Defense in Suit
by Corporation to Recover Under insurance Policy.
Insurance—Accident—Sunstroke as an Accident.
Insurance—Automobile—When Insured Property May Be Abandoned to
Insurer.
Insurance—Fire—Use and Occupancy,
Insuranoe—Liability—Liability of Insurer for Costs and Interest
in Excess of Face of Policy.
Insurance—Life—Incontestable Clause—Effect of Forfeiture for
Non-Payment of Premiums.
Insurance—Lifo—Not interstate Commerce.
Insurance—Life—Return of Premiums as a Condition of Pleading
Invalidity of Policy.
Insurance—Life—When Company Is not Bound by Incorrect
Application Prepared by Its Agent.
Insurance—Life—-When Statements in Application Considered
Representations, and Waiver of Same.
Insurance—Negligence of Telegraph Company in Transmitting Notice
of Cancellation—Measure of Damages.
Insurance.—Reinsurance of Assessment Companies.
Insurance--Reinsurance—Right of Original Insured to Proceed
Directly Against the Reinsurer,
Insurance—Suicide of Member of Boncficiary Socioty.
Insurancen-Waiver and Estoppel Based upon Issuance of Insurance
Policy with Knowledge of Broach of Warranty.
Laws of Illinois Enacted by the Fifty-First General Assembly.
(Co-Compiler with Herbert Harloy, Elmor M. Locsman, Stepchn'A.
Love, William H. Hâight; Louis M. Grecloy, Charles B. Elder,
George P. Costigan, Jr., Homer H. Cooper, Louis G. Caldwell,
and Edward G. Bcrglund.)
-86-
Part B: Tho Faculty: See. 45.
Lifo Insurance—Accounting to Holder of Tontine policy.
Lifo Insurance—Bone fit Certificates—Warranties.
Life Insurance—Constitutionality of Statute Prohibiting Rebates
and Discriminations in Rates.
Life Insurance—Existence and Construction of Warranties Based
upon Statements in Application.
Life Insurance—Necessity of Insurable Interest in Assignee.
EARLEY, HERBERT.
Definitions, Making the Law Easier Through.
Government Policeman Indicated, The—The Prosecutor Aslcs for
Capital Punishment.
Illinois General Assembly, Important Bills Pending in The.
Laws of Illinois Enacted by the Fifty-First General Assembly.
(Co-Compiler with Elmer M. Leesman, Stephen A. Love, Henry C.
Hall, William H. Haightj Louis M. Greeley, Charles B. Elder,
George P. Costigan, Jr.. Homer H. Cooper, Louis G. Caldwell,
and Edward G. Berglund.)
Practice—By Non-Resident Defendant--Construction.
Procedure, Revised Civil, In New York as Proposed by the Board of
Statutory Consolidation.
Schools—De Facto School Officers Legalized—Curative Act not
Special or Local, Although Wholly Retrospective—power of
Legislature to Direct Judgments in Pending Cases Denied.
Uninterested Defendant, An.
HAWXHURST, RALPH R.
Municipal Court--Judicial Notice of the Rules of the'Municipal
Court in the Supreme and Appellate Courts—Sec. 20, of the
Municipal Court Act Held Unconstitutional.
Municipal Court—Writs of Error in Foux-th Class Cases—Sec. 23
of the Municipal Court Act Held Unconstitutional.
Municipal Court—Writ of Error or Appeal in Fourth Class Cases—.
Another Portion of Sec. 23 of the Municipal Could: Act Held
Unconstitutional—Fourth Class Cases Now Reviewable by Appeal.
HOFFMAN, RICHARD YATES.
Descent—Statute of, Construed—Whether Murderer of Ancestor
Inherits—Constructive Trusts.
Foreign Corporations—Right to Maintain Suit — Interstate Commerce.
Wills--Attestat ion.
Wills—Competency of Stockholder of Corporate gxeoutor as Witness.
(Sec, 8 of Wills Act Applied.)
Wills--Implied Revocation of Devise by Subsequent Conveyance.
Wills—Revocation by Subsequent Instrument—Revival of Prior Will
on Revocation of Subsequent Revoking Instrument.
Wills—Revocation by Subsequent Will.
Wills—Revocation—Prevention of Revocation by Beneficiaries —
Equitable Relief.
•87-
Part B: The Faculty: Sec. 45.
HYDE, CHARLES CHENEY.
Alien Dependents Under Workman1s Compensation Laws; Equities of
Non-Residents.
Consular Rights in Relation to the Estates of Deceased Countrymen,
Extradition—Habeas Corpus—Scope of Review—Defensive Testimony—
Formal Demand-~Political Question—Interpretation of Treaty.
Intervention in Theory and in Practice.
Marriage--Violâtion of Sec. I-a of Divorce Act by Celebration in
Another State—Interpretation of Illinois Statute.
Mexico and the Claims of Foreigners.
Report of a Recent Extradition Case, A—Re Macaluso.
Treat ies—Construction of Hague Convention Respecting Rights and •
Duties of Mutual Powers and Persons in War on Land.
War—Duties—Exaction Under Military Authority—Port not Under
American Control.
HUBBARD, JOHN D.
Health Regulation—Validity of Order Prohibiting Public Gatherings.
JONES, HARRY LEROY.
Excursion Through the Chicago Municipal Code, An.
Insurance—Assignment of Life Policy Without Change of Beneficiary
—Interests of Assignee and Beneficiary.
KALES, ALBERT MARTIN.
Administration of Decedent Estates—Administrator's Right to Set
Aside the Conveyance of His Intestate Because It Is in Fraud of
Creditors.
Adverse Possession Against Reversioners and Remaindermen.
Adoption—Construction of Act.
Alienation—Forfeiture and Restraint On—Validity of Gift Over on
Failliro to Alienate by Will.
Application of the Rule in Shelly's Case Where the Limitations Are
Equitable or Where There Is an Exocutory Trust.
Charitable Uses—Cy près—Possibilities of Reverter.
Comparative Study of the English and the Cook County Judicial
Establishments, A.
Contingent Remainders—Destruetability.
Contingent Remainders—'Whet her Destroyêd Mien the Wife Renounces
a Life Estate Conferred by Will.
Contracts—For the Benefit of Third Person.
Damages--Right of One Who Sells on Credit to Compel Buyer to
Mitigate Damages by Paying Cash.
Deeds—Distinction Between a Deed Delivered Upon Condition and a
Will.
Descent—Do Nephews and Nieces Take Per Capita or Per Stirpes?
Distinction Between Vested and Contingent Remainders in Illinois.
Easements Extinguished by Unity of Possession.
Economic Basis for a Society of Advocates in the City of Chicago.
Effect of Words of Condition in a Deed.
Emblements.
-88-
Part Bj The Faculty: Sec. 45.
Equity—Bill to Construe Will.
Equity—Bill to Set Aside Will.
Equity—Jurisdiction to Construe Wills.
Equity—V/aste—Remeây "by Injunction to Prevent—By Persons Having
Contingent Future Interests in the Land,
Estate Which a Trustee Takes.
Estates Tail--Statute on Entails—Rule in Shelly's Case —
Interpretation of a Remainder to the Heirs of the Body of the
Life Tenant.
Estoppel—By 7/arranty Deed—Future Interests.
Fee on a Fee Valid "by Devise, Void in a Deed.
Fraudulent Conveyances—Transfer in Fraud of Wife's Lower.
Further Word on the Next Step in the Evolution of the Case Book,A.
Future Intereste in Illinois.
Future Intereste --Interests Subject to a Term—Construction.
Future Interests—Limitations After an Estate Tail.
Future Intereste —Limitations to A For Life Remainder to the Heirs
of the Body of A—Whether the Rule in Shelly*s Case Applies to
Create an Estate Tail.
Future Interests—Partition by Owners Of.
Future Interests—Possibilities of Reverter—Shifting Interests,
Future Interests—Rule in Shelly*s Case—Application Where in
Limiting a Remainder to the Heir or Heirs of the Body of the
Life Tenant Superadded 'Words of Limitation Such as "Their Heirs
and Assigns" or "Their Assigns Forever" or "In Fee Simple"
Occur,
Future Interests—Statutory Remainder Created by the Statute of
Entails.
Future Uses—Fee on a Fee by Deed Valid.
Homestead Exempt ions--Exempt ion Lost by the Giving of Possession
Pursuant to a Conveyance.
How Far Interests Limited to Take Effect "When Debts Are Paid" or
"An Estate Settled" or a "Trust Executed and Performed" Are
Void for Remoteness.
Joint Ownership—Tenancy by the Entirety.
Landlord"and Tenant—Distress.
Legacies, Do They Bear Interest in Illinois?
Legal Education—Evidence of Ignorance of the Local Law and the
Bar.
Meaning of the Word "Issue" in Gifts to "Issue".
Mérchantable Title.
Municipal Corp or at ions—A Hew Problem in Municipal Repudiation.
Partition—When Allowed by tho Holder of a Future Interest in Land.
Bower in Trustees to Make Loases.
Power of the Life Tenant to Dispose of the Fee.
Powers—Collateral and Special—Gifts in Default of Appointment.
Problem in tho Illinois Law of Doscont, A.
Property—Contingent or Hon-Contingent Remainders—Descent.
JBroperty—Doseont—From Whom Traced.
Property—Easements—Creation By Implication.
Property—Easement s—Creation By Words Purporting the Grant of an
Easement ty the Grantee in Favor of tho Grantor.
Property—Easements—Effect of iron-User.
Pr o p or t y —Eas emo nt s - -Grant Back-,
-89-
Part B: The Faculty: See. 45.
Property—Foe Upon a Fee by Peed.
Property—Future Interests—Advorsc Possession Against tho Holder
Of—
Trusts Not Executed by the Statute of Uses—Application of Rule in
Shelly's Case—Release of Powers Appendant.
Property—Future Intorc^sts—Estates on Condition Subsequent. *
Property—Future Interests—-Gifts Ovor if the First Taker ''Pies
Without Issue".
Property—Future Interests—-Rule in Shelly's Case.
Property—Implication of Remainders.
Property—'Remainders—Pestruct ability.
Property—Remainders—Pistinction Bctwcon Vested and Contingent as
Pctermining the Alienability of Remainders.
Property—Remainders—Pistinction Between Vested and Contingent as
Pctermining tho Validity (Sometimes called tho destructability)
of Remainders.
Property—Rule Against Porpetuities.
Proposed Amendment of tho Municipal Court Act Relating to tho
Selection and Retirement of tho Judges of That Court.
Proposed Judicature Act for Cook County, Illinois, A.
Real Estate—Esto,tes Tail—Validity of a Remainder Subject To.
Real Estate—Rule in Shelly's Case—"Heirs" When Usod as a Word
of Purchase and When Used as a Word of Limitation.
Real Property—Application of Rule in Shelly's Case.
Real Property—Construction of Peeds.—Habendum.
Real Property—Conveyances—-Nccossity of Seal or Consideration.'
Roal Property—Peeds—Pelivcry in Escrow.
Real Property—Easements, Grant of Easement by Implication.
Real Property—Executory Peviscs—Validity.'
Real Property—Feo on a Fee Valid by Pcvisc, Void in Peed—Rulo
in Shelly's Case.
Real Property—Inheritance Tax on Future Interosts.
Real Property—Rule Against Perpetuities—Restraints on Alienation
—Indestructible Trusts.
Real Property—Rules of Construction Croating Estates Tail—The
Rule in Wild's Caso.
Real Property—Vested and Contingent Interests.
Real Property—Vested and Contingent Remainders--Merger.
Recall of Judicial Pecisions, Tho—A Reply.
Reforms in tho Law of Future Interests Needed in Illinois.
Remainders—Rule of Pestructability ojÇ Contingent Remainders.
Remainders—When Contingent and When Vested.
Remedy for Wrongful Exclusion From Position Held Under Civil
Service Act of 1895.
Reorganization of the Circuit- and Superior Courts of Cook County,
The.
Restraints on Alienation—Indestructible Trusts—Spendthrift
Trusts.
Rights of Adopted Children.
Rule Against Perpetuities—How to Beat It in Illinois.
Rule Against perpetuities Not Violated When Future Interest Vests
in interest in Time, Though It May Not Vest in Possession Till
Too Remote a Time—Application of the Rule That a Fee Once
Vested Is Only Pivested to the Extent of a Limited Interest
Given—What Remainders Are Vested.
-90-
Part Bf The Faculty: Sec. 45,
Rule in Shelly's Case—Application "Vt/here There Is a Life Estate
to A and B, as Tenants in Common, With a Remainder to Heirs of
A.
Rule in Shelly's Case—Spendthrift Trusts.
Statute of Limitât ions--Adverse Possession,
Shelly's Case Does Not Apply to Personal Property, The Rule In.
Solicitors' Fees, Allowances For, In Suits to Construe Wills,
Special Legislation as Defined in the Illinois Cases.
Stockholder's Right to Inspect the Books of the Corporation.
Survival of powers as Unaffected by Statutes.
Taking Advantage of Variance on Appeal.
Torrens Act—How Far Decree Under Will Binds Unborn Persons.
Torts—Breach of Contract by a Public Service Corporation Vifhen
Not Also a Tort,
Trusts—Clauses Providing for the Continuance of Trusteeships for
Possibly Longer Than Lives in Being end Twenty-one Years—How
far Invalid.
Trusts—Settlement Inter Vivos—'Whether Void for Uncertainty,
Trusts—Whether Valid if not Cestui—Rule Against Perpetuities—
Trust for the Care of the Testator's Cemetery Lot.
Trusts--Wills—Interest Void for Indefiniteness.
Vested and Contingent Future•Interests in Illinois.
Wills--Alternative Limitât ions--Aliénât ion of Contingent Future
Interests, Equitable and Legal.
Wills—Alternative or Substitutionary Limitations.
Wills—Attestation of Wills.
Wills—Attesting Witnesses--Competency.
Wills —Cibstruetion—Alternative Limitations.
Wills—Construction--Difficulties upon Which the Testator's Mind
Did not Work—The Force of the Argument from Absurdity or
Incongruity.
Wills—Construction—Gifts Over upon an Event Which May Happen
Before or After the Testator's Death.
Wills—Construct ion--Meaning of an Ultimate Gift' of the
Testator's Estate.
Wills—Construction—Meaning of "Die Without Issue".
Wills—Construction—Meaning of "Heirs at Law".
Wills—Construction—Meaning of "Hoirs" in a Gift to Heirs after
a Life Estate to One of Several Heirs.
Wills—Construction--Remainder Construed Vested in a Glass,
Wills—Construct ion--Remaindor to Heirs at Law.
Wills—Construction—Remainders«*-Whether Found by Implication in
the Children of a Life Tenant from a Gift over, if the Life
Tenant Dies without Children.
Wills—Construction—Tendency to so Construe Gifts over That They
Will not Divest Interests already Vested in Possession.
Wills—Construction—What Words Create a Life Estate—Contingent
Remainders,
Wills —Construction of Referential Clauses.
Wills—Construction of Wills—Estates Created—Rule in Shelly's
Case.
Wills—Construct ion of Wills—When Is Power Given to a Life
Tenant to Consume and Alienate the Principal?
Wills—Estate Created—-Whether a Fee or a Fee Tail.
-91-
Part B: The Faculty: Sec. 45.
Wills--Gifts over on the First Taker Dying Intestate and without
Issue»
Wills—Gifts over to heirs jupon the Death of the First Taker.
Wills—Gifts to Charity—>When not Void for Indefiniteness.
Wills—Revocation and Ademption of Real Estate Specifically
Devised.
Wills—Right in This State to Contest a Foreign Will Devising
^_Lands in This State hut not Probated Here.
Wills—Rule Against Perpetuities—Partition of Future Interests.
KEEDY, EDWIN R.
Bankruptcy—Imitation of Action by Trustee.
Brief Review of Criminal Cases in the Supreme Court of Illinois
for the Past Year, A.
Criminal Law—Abandonment of and Neglect to Support Wife—When
Statute of Limitations Begins to Run.
Criminal Law—Commutation of Sentence—In What Penitentiary
Convict May Be Confined.
Criminal Lav;—Intoxication Negativing Specific Intent.
Criminal Law—Meaning of "Obscene" in Federal Statute.
Criminal Law--Proof of Name of Prosecuting Witness —Idem Sonans.
Criminal Procedure—Bigamy—Sufficiency of Indictment—Disregard¬
ing Foi-mer Dictum.
Criminal Procedure—Constitutionality of Statute Prescribing Form
of Indictments,
Criminal Procedure—Description of the Premises in an Indietmait
for Burglary.
Criminal Procedure—Employment of Counsel by Private Party to
Assist in Criminal Prosecution.
Criminal Procedure—Indictment--Designâtion of Prosecuting Witness
by Initials.
Criminal Procedure — Indictment for Robbery—Recocting Surplusage
in Indictment and Verdict.
Criminal Procedure—Necessity for Arraignment and Plea.
Criminal Procedure—Recall of Grand Jury.
Criminal Procedure—Sufficiency of Information—Offense Alleged to
Have Been Committed Subsequent'to Date of Verification.
English Court of Criminal Appeal, Tho.
Indictment for Statutory Rape—Necessity for Alleging Age of
Defendant Indicted as Accossory.
Master and Sorvant—Vice-Principal and Fellow-Servant—Assumption
of Risk.
KELLY, JOSEPH I.
American Corpus Juris Project, The,
Gaian Fragment, Tho.
Titanic Death Liability, The.
-98-
Part B* The Faculty: Sec, 45.
KERR, WILLIAM 3).
Cities—Power of, Defined—Police Power to Regulate Utilities
Is Inalienable by Contract.
Franchise Grants, Duration of—Public Utilities—Effect of
Termination on Property Values.
Public Utility Distinguished from Private Business.
Public Utility—Public Policy Favors Telephone Monopoly—Arbitrary
Limit-ations of Service Impossible Under Statute.
Public Utility—Test of Public Profession—Cold Storage Warehouse
—Mutual Telephones—Taxicab Service.
Public Utility—.What Is a—Effect of Constitutional Declarations
—Statutory Declaration.
Public Utilities—Valuation of Property for Rate-Taking Purposes.
Public Utilities Commission—Review of Commission1s Orders—
Valuation—Trial de Novo.
Public Utilities Commission—Powers Strictly Limited by Statute—
Complaints—Orders Within Authority Granted.
Public Utilities Law—Appeals from Commission's Orders—Commission
not a Judicial Body.
Public Utilities Law—Commission Hearings—Railroad Track
Connections—Appeals.
Public Utilities Law—General Powers of Commission—Reasonableness
of Orders.
Public Utilities Reports, Annotated. First Volume Reviewed.
Street Railways—Municipal Contracts for Rates—Subsequent
Annexation of Territory to Another Municipality—Police Powers.
Trade Commission and the Court, the.
Valuation of Franchises Required.
Work of the Illinois Public Utilities Commission, The.
KOCOUREK, ALBERT.
Abuse or Misuse of Rights—Abuse or Misuse of Words.
Admiralty—Maritime Court—Liability of the State—Personality of
a Ship—Mesonomic Relation.
Bankruptcy—Burden of Proof—Scheduling Creditors—Discharge.
Bankruptcy—Composition—Set-off.
Bankruptcy—Preferential Conveyance—Fraudulent Conveyance—Can
a Trustee in Bankruptcy Assign His Power to Avoid a Preferential
Conveyance?
Bankruptcy—Provable Claims—Tort Claim—Unjust Enrichment—
Partnership.
Bankrupt cy—Set-off—Preferenc e.
Classification of the Law.
Comment on Moral Consideration and the Statute of Limitations.
Common Law, What Is?
Copyright—Literary Property—Unfair Competition—Hews.
Court Opinions, Are They Too Long.
$oes the Agent Have Power to Bind His Principal in a Contract
with Himself?—Does an Agent Have a Distinct Persona as Agent?
Examinations, Objective Law.
Formal Relation Between Law and Discretion. "
Hohfeld System of Fundamental Legal Concepts, The.
Illiterature, Androse v. Eden.
-93-
Part B: The Faculty: See. 45
International Private Law—Conflict of Laws—Constitutional Law—
Rights of Foroign Incidence.
Jural Relations, Basic.
Juristic Knots and Rots.
Lat>or Unions—Threatened Strike to Procure Discharge of Non-Union
Employcos.
Lawness of Law Clubs and the Legality of Legal Clubs, The.
Logal Relations, Attribution of Physical Qualities to.
Legislative, Judicial, and Executive Powers, Their Distinction—
Delegation of Powers.
Liberty, What Is?--Is It an. Act? —Is It a Relation?
Limitations, Statutes of,
Oystcrman's Duty, An.
Principles and Poetry,
Rcdlich Report and the Case Method, The.
Roman Law Problem, A.
Subjective and the Objective in the Law, The.
LEESMAN, ELMER M.
Adoption—"Child, His Lawful Issue."
Appeal and Error—Appeal to the Appellate Court in Case Involving
Freehold, Operating to Waive Quostion of Frochold.
Appeal and Error—Chancery—Findings of Master in Chancery.
Boundaries on Streams—Accretion and Erosion.
Building Restrictions--"Except Bay Windows, Veranda, porches, or
Similar Structures."
Building Restrictions—Except Fences.
Building Restrict ions—Porches.
Chattels —Where Te.xa.blo—Revenue Act.
Common Law Marriage*
Contracts, Lunatios*—Return of Consideration as Condition of
Disaffirmance.
G ont ro.c t s - -Mutual i ty.
Conveyance, Infants'—Effect of Repudiation.
Conveyances in Fraud of Spouse--Husband and Wife.
Corporations--Fraudulent Incorporâtion—Ownership of Stock in
Illinois Companies by Foreign Corporations.
Covenants, Restrictive—Proof of Actual Dejnage.
Covenants Running with the Land—Building Line Restrictions.
Land—Building Restrictions—Detached
Covenants Running with
Dwelling House.
Covenants Running with
Sorviont Est at c.
Covenants Running with
Abandonment.
Covenants Running with
Covenants.
Covcncnts Running with
Covenants Running with
Covenants Running with
Covenants Running with
the
the Land—Construct ion—Dominant and
the Land--Construction—Easomonts —
the Land—Equity Jurisdiction—Restrictive
the
the
the
the
Damages, Measure of—Sales
Land—In Equity.
Land—In Equity—Who Can Enforce,
Land in Illinois,
Land—In Leases.
, Executed and Executory.
-94-
Part B: The Faculty: Sec, 45.
Deeds—Attempt ed Wills—Future Interests by Deeds.
De eds —Del ive ry.
Deeds—Delivery—Acceptance.
Deeds —Delivery—Attempted Wills.
Deeds—Delivery in Escrow.
Deeds—Delivery in Escrow, and Delivery not to Take Effect until
after Lapse of Time.
Deeds Pursuant to Void Judicial Sales—Rights of Owners of
Property and of Holders of Deeds.
Depositions—Who May Take.
Drainage.
Drainage Assessments Proportionate Share.
Drainage—Obstructions in Streams—Good and Sufficient Bridge
Puissances.
Drainage—Obstruction of Surface Water—Puissance—Equity
Jurisdiction.
Drains—By Mutual Consent •
Divorce--Jurisdiction of Court Where Pon-Resident Defendant—
Custody of Children—Allowaice for Support of Children.
Domestic Relations—Duty of Father to Support Child—Enforcement
of the Duty.
Easement Appurtenant—Extent of Right.
Easement of Way.
-Obstructions—Puissances—Equity Jurisdiction.
Easement —When Appurtenant —Ext inguishment.
Easements—Contracts for—License.
Easements—Drains.
Easements—Extent of Right.
Easements--Extent of User—Rights of Servient Owner.
Eas ement s - -Ext inguishment.
Easements—Grant, Construction of—Appurtenant or Gross.
Easements—Implication or Estoppel from Exhibiting Plat.
Easements—License to Use Streets—Contracts for Easements—
Franchise.
Easements—Prescription—Streets and Highways.
Easements, Quasi—Implied Grant.
Easements—Right of Pon-Riparian Owner to Object to Excessive Use
of Water Rights.
Easements—Ways—Prescription—Ways of Pecessity.
Easements—Ways of Pecessity.
Eas ement s —When Appur t enant.
Easements— 7/ay—Extent of.
Easements of Way—Extent of Right.
Easements of Way—Light and Air.
Eminent Domain—Pecessity for Acquiring Property Sought to Be
Condemned.
Eminent Domain—Railroads—Switch Traoks.
Equity Jurisdiction in Taxation Matters—Profits a Prendre.
Equity Jurisdiction in Tax Matters Where Real Estate Is Involved.
Equity Jurisdiction—Vendor and Vendee—Specific Performance.
Estates—Class after Life Tenant—Children—Descendants.
Estates-—Class—When Interests of Members of Class Vest.
Estates—Conditions Subsequent—Determinable Fee.
Estates—Whether Contingent Remainder or Vested Subject to Be
Divested.
-95-
Part B: The Faculty: Sec. 45
Evidence Unlawfully Obtained—Right to Introduce in Evidence.
Fences.
Forcible Entry and Detainer-—Inquiry into Title.
Forfeiture of Deposit in Land Sale Contracts.
Franchise to Use Street—license by Municipality.
Franchises.
Franchises—Streets and Highways—license to Use Streets for Pur¬
poses of Public Service.
Future Interests by Deeds, Shifting.
Future Interests, Descendability of Contingent.
Highways—Prescription—15 Years Statute.
Highways—Vacation of Public.
Homestead—Descent of, after Defective Conveyance.
Homestead—Husband and Wife.
Homestead in Property Owned Jointly by Husband and Wife.
Husband and Wife—Conveyances to Each Other—Resulting Trusts.
Husband and Wife—Gifts—Presumption.
Husband and Wife—Nature of Homestead Right,
Husband and Wife—Presumption of Gift from Conveyance from One to
the Other.
Husband and Wife—Suit by One Against the Other.
Husband and Wife—Suit by Wife Against Husband for loss of Support
Due to Death of Son—Death by Wrongful Act.
Husband and Wife—Transactions Inter Se.
Illegitimates—"Child" as Used in Workman's Compensation Act.
Illegitimates—Right of in Relation to Property Interests of
Mother or Her Kindred.
Illegitimat es —Wills, C onstruction—Is sue.
Illinois Decisions Affecting Proprietary Rights in Illinois lands
Underlying lakes and Streams, Observations On (Co-author with
Isaac N. Hardin.)
Infant—Equity Jurisdiction to Accomplish a Destruction of
Contingent Remainder Interests on Behalf of Infant.
Interstate Commerce—What Is Within the Statute—Transmission of
Telegrams Through Another State to a Point in the State of
Origin.
Judgments and Decrees—Entry of Contents and Form Of.
land leases —Covenants Running with the land in leases.
landlord and Tenant—Covenant not to Assign Without Consent —
Covenants running with leaseholds.
lateral Support.
lateral Support as a Real Property Right, Significance of the
Doctrine Of.
laws of Illinois Enacted by the Fifty-First General Assembly.
(Co-compiler)
license—Contracts for Easements.
license—Effect of Standing by in Silence While Neighbor Puts
Windows in Party Wall.
license—Prescription.
Marriage and Divorce—Common law Marriage.
Marriage and Divorce, The Present Status of the Illinois law
Governing.
Married Women's Contracts—Operation of the Common law in This
St at e.
•96-
Part B: The Facility: Sec. 45
Mineral Rights—Adverse Possession.
Mineral Rights—Nature of Right—Adverse Possession.
Mortgages—Absolute Deed in Mortgage--Forfeiture in Equity—laches
--Mien Is a Freehold Involved within the Meaning of the Practice
Act?
Mortgages—Redemption by Judgment Creditor.
Municipal Court Judgments—Liens.
Must the Court Examine the Exhibits in a Liquor Case?
Navigable and Non-Navigable Waters—Meander Lines—Conveyancing*
Navigable Waters—Title to Beds of Inland Lakes.
Negligence—Persona?- Injuries—Premises Attractive to Children.
Parent and Child—Adopt ion—Right to Adopt a Child.
Parent and Child—Gustody—Removal of Child from Jurisdiction.
Parent and Child—Emancipation.
Parent and Child—Obligation of Parent to Support—Effect of
Divorce.
Parent and Child—Obligation of Parent to Support Child, Whether
Legal Or Moral.
Parent and Child—Right of Mother to Earnings of Child.
Partition—Remainder—Estate Tail.
Persons—Equity—Specific Performance.
Persons —Infant s —De eds —Di s af firman c e - -Est oppel.
Powers—Effect of a Power Coupled with a Life Estate.
Practice—Final orders—Motion in the Nature of A Writ of Error
Coram Nobis.
Practice—Interrogatories to the Jury.
Practice —Ob jestions--Waiver.
Practice Act—Appeal and Error—Revenue.
Practice Act—Appeal and Error—When Is Revenue Involved?
Practice Act—Change of Venue.
Practice Act--When Is a Freehold Involved?
Practice Act—When Is a Freehold Involved Within the Meaning of
SeCo 118 of the Illinois Act?
Prescription—Dedication—Streets and Highways.
Prescription—Obtaining Private Way By.
Presumption—When Legal Presumptions Conflict—When they Co¬
operate.
Property—Estate Tail—Contingent Remainders.
Property—Estates—Classes—When Interests of Members of a Class
Vest.
Property—Estates—Contingent Remainders—Merger.
Property—Estates—Contingent Remainders—Destructability by
Merger—Transferability.
Property—Estates—Contingent Remainders and Contingent Future
Interests.
Property—Estates—Contingent Remainders and Contingent Future
Interests—Estates Vested, Subject to Be Opened up to Let in
Others,
Property—Estates—Cutting Down a Fee,
Property—Estates—"Die without Children or Descendants of Such."
Property—Estates—"Die" without Issue—Vesting at Earliest
Possible Moment.
property—Estates--Future Interests by Deed—Construction—"Death"
Referable to What Time.
Property—Est at es —Heirs•
-97-
Part B: The Faculty: Sec. 45
Property—Estates—"Heirs" as limitation or Purchase—Descent.
Property—Estates—Limitation or Purchase,
Property—Estates—Meaning of Descendants—Construction of Wills.
Property—Estates—Rule Against Perpetuities.
Pr operty —Est at e s —Rule Against Perpe tuit i es —Wills —Const rue t i on „
Property—Estates—Rule in ShellyTs Case.
Property—Estates—Rule in ShellyTs Case—Trusts—Termination by
Consent.
Property—Estates—Vested Subject to Be Divested.
Property—Estates—Vesting at Earliest Possible Moment—Deeds—
Construction—Last Antecedent.
Property--Estates—Vesting in Interest and Vesting in Possession.
Property—Oil and Gas Rights—Corporeal and Incorporeal
He re dit ament s.
Property—Trespass—Quare Clausum Fregit—Damages.
Proprietary Rights in Lands Underlying Lakes and Streams.
Public or Local Improvements--Special Assessments.
Public Rights in Streams—Riparian Rights.
.Public Utility—Regulation of Street Railway Rates—Commission
Procedure Satisfies Due Process Requirements—Other
Constitutional Questions Settled.
Purprestures—Rights of Owners of Lake s--Boundaries.
Quasi-Easements—Implication of Grant and of Grant Back.
Quasi-Easements—Implication of Grant of Easement.
Railroads—Switch Tracks and Side Tracks.
Real Estate—Conditions Subsequent--Base or Determinable Fees—
Necessity of Re-entry.
Real Estate—Deeds, and Contracts of Sale of—Vi/hen the Latter
Are not Merged in the Former.
Real Property—Remainder--Whether Contingent or Vested Subject to
Ee Divested.
Reimbursement—Municipal Corporations.
Release—Avoidance.
Res Judicata—Parties—Subject Matter—Taxation.
Resulting Trusts—Presumption Where a Wife Pays Purchase Money
and Deed Is Made to Husband as Grantee.
Revenue—Assessment—What Constitutes Arbitrary or Fraudulent
Over-Valuation.
Revenue—Effect of Validating Act on Tax Levy.
Revenue —Exemptions —Church Property.
Revenue—Uniformity—State Tax to Pay Tuition of Pupils of
Certain School Districts.
Revenue Act—Assessments—Equalization—Notice.
Revenue Act—Failure to Take cut Tax Deed within the Year after
the Expiration of Redemption Period.
Revenue Act—Forfeited Taxes—Foreclosure.
Revenue Act—Where Chattels Are Taxable.
Rights of Riparian Owners on Lake Michigan—Purprestures.
Riparian Rights—On Lakes—Right of Access and to Accretion.
Sanitary Drainage—Damages.
Seven Year Statute of Limitations—Color of Title—Co-Tenants.
Special Assessments and Taxation—Local Improvements--New
Proceedings—Validity—Effect of Invalidity.
Special Assessments—Jurisdiction of Court.
Special Assessments—Local or General Improvements.
-98-
Part B: The Faculty: Sec. 45
Stare Decisis.
Stare Decisis—Obiter Dictum.
Statutes—Construct ion--Reasonableness—Municipal Corporat ions—
Powers.
Statutes—Validating Acts.
Stream Boundaries—Meander Libnes.
Stream Water Rights—Navigability of Streams.
Stream Water Rights—Permanent Damages.
Streams.
Streams—Alteration of Course by Riparian Owner.
Streams—State and Federal Control.
Streets and Alleys—Common Law or Statutory Dedication.
Streets and Highways—■Abutter's Right under Streets.
Streets and Highways—Dedication—Acceptance of Offer.
Streets and Highways—Dedication—Prescription.
Streets and Highways—Jurisdiction.
Streets and Highways—Obstructions.
Streets and Highways—Plats—Vacation.
Streets and Highways-«Railroads Upon*
Streets and Highways—Rights of Abutters.
Streets and Highways--Statutory Dedication—Vacation.
Streets and Highways-«Vacation.
Streets and Highways--Vacation of Plot by Owner.
Surface Waters--Drainage into Streams.
Surface Waters—Drainage—Obstructions of Natural Course of
Drainage.
Surface Waters--Rights of Lower Owner.
Tax Deeds—Bill to Remove Tax Deeds as a Cloud on Title,
Taxation—Assessment of Value of Capital Stock by State Board of
Equalization.
Taxation—Insurance Companies.
Taxation--Local Improvements--Definition.
Taxation—Revenue Act—Purely Manufacturing and Mercantile
Corporations.
Taxation—Roads and Bridges—Freeholders.
Taxation—Validating Acts.
Taxes—-Road and Bridges—Additional Tax.
Torts—Attractive Nuissance.
Void Tax Deeds—Rights of Owners of Property and of Holders of
Deeds.
Water Rights—Any Invasion of Right Is Actionable—Damages.
Water Rights—Overflow from Diversion of Natural Flow of Drainage.
Water Rights—Public and Private—Right in Streams—Wharfs—Right
of United States to Order Removal.
Water Rights—Riparian Rights in Streams.
Water Rights—Streams—Right to Construct Levee to Dike out the
Water.
Water Rights—Streams—Right to Have the Water Maintained at
Temperature It Would Have Been in Natural Condition,
Water Rights-.-Surface Waters—Drainage—Natural Water Course.
Waters—Surface Waters—Obligation to Build New Bridge to
Accommodate Enlarged Channel.
Waters—Surface Waters—Natural Water Course—Enlargement of
Channel—Bridges.
-99-
Part B: The Faculty: Sec. 45
Ways—Prescription.
Ways—Prescription—Repair--Extent of Right.
Wills—Construct ion--Surrounding Circumstances.
Wills— Estates—Cutting Down a Fee--Precatory Provisions.
Workman's Compensation—Accident—Typhoid Fever. _
Workman's Compensation—Arising out ofand in Course of Emp y™
Workman's Compensation—Demand as Condition Precedent to Rig
Award—Eighteen Months Provision.
Workman's Compensation—Employees within the Act.
Workman's Compensation—Enterprise. #
Workman's Compensation—Notice of Inquiry and Making Claim ior
Compensation. , . , 04.„+aiY,ovl4.
Workman's Compensation—Stenographic Report or Agreed S a
of Facts—Waiver of Time When to Be Filed.
LITTLE, CHARLES G.
Constitutional Law—Fourteenth Amendment—Socio-Economic Problems
—Legislative Abolition of Private Employment Agencies for Hire,
Corporations—Citizenship of Consolidated Corporations.
Corporations—Contracts on Violation of Act Governing Foreign
Corporations.
Corporations—Corporations as Stockholders—Ultra Fires Acts.
Corporations—Illegal Organization—Collateral Attack.
Corporations—Liability of Non-Resident Directors for Losses by
Resident's Fraud.
Corporations—Liability of Officers of Foreign Corporations
Illegally Doing Business, for Debts Contracted.
Corporations—Partnership--Liability of Stockholders in De Facto
Corporation.
Corporations—Shareholders' Agreement Restricting Sale of Stock.
Corporations—Stockholders—Jfoting Powers—Preferred Stock—
Constitutional Law.
Criminal Law—Indictment—Burglary—Partnership—Entity Theory.
Federal Jurisdiction—Citizenship Created by Consolidation of
Corporation.
Foreign Corporations—Service of Process.
Husband and Wife—Restoration of Marital Rights in Property by
Reversal Decree of Divorce after Death of Complainarnt.
Partnership—Joinder of Nominal Partner as Co-Plantiff.
Promoter's Frauds in the Organization of Corporations—The Old
Dominion Copper Mining Cases.
Punishment of a Corporation, The—The Standard Oil Case.
Real Estate Agency and Brokerage as Corporate Activities.
Statutes—Penal Statute—Limitation of Right of Action unâer
Sec. 18 of the Corporation Act.
Taxation—Exemption—Construction of Charter,
LONG, ALBERT S.
Deeds—Acceptance by Grantor.
Deeds—Delivery.
Deeds—Delivery—Attempted Will by Deed--.Criminal Contempt.
Deeds—Delivery—Attempted Will by Deed—Symbolical Delivery.
Deeds—Delivery—Date.
-100-
Part B: The Faculty:' Sec.- 45
Deeds—Deposit with Third Person to Hold until Grantor*s Death.
Deeds—Effect of Absence of Seal.
Deeds—Escrow—Delivery by Escrowee Tho Conditions of Escrow not
Complied with—Deed with Grantee Uhnamed.
Deeds—Notice by Possession. '
Delivery of Deeds in Illinois, The.
LOVE, STEPHEN A.
Laws of Illinois Enacted by the Fifty-First General Assembly.
(Co-Compiler)
Mechanic's Lien—Registration—Lis Pendens—Torrens Act.
LUTEIN, HARRIS C.
Divorce—Marriage within a Year after Divorce—Divorce in Illinois,
^Marriage in Indiana, Validity in Wisconsin.
Divorce—Remarriage—Statutory Prohibition—Rights of Foreign
Incidence.
Landlord and Tenant—Surrender of Lease—Effect of a Void Assign¬
ment—Power of an Illinois Corporation to Hold Real Estate.
Sherman Anti-Trust Act—Injunction not Available to Private Party.
MARTIN, EDWARD H. S.
Equity—Masters in Chancery—Weight to Be Accorded Master's
Report.
Mortgage Foreclosure—Judgments—Merger.
MERGENTHEIM, MORTON A.
Conflict of Laws—Extra Territorial Effect of Nevada Divorce-
Matrimonial Domicile.
MILLAR, ROBERT W.
Addendum to the Epilogue of Littleton's Tenures.
Affidavit of Merits in Illinois, the Function of.
Attachment—Construction of Sec. 31 of Attachment Act--Proceedings
in Aid of Assumpsit for unliquidated Damages.
Civil Procedure, Foroative Principles of.
Criminal Decisions for 1915—16, The Illinois: A Comment on
Professor Hale's Paper.
Criminal Law—Attempt to Steal from the Person.
Criminal Law—Judgments on Demurrer to Plea in Bar.
Criminal Law—Verdict under Reformatory Act—Finding as to Age.
Criminal Procedure —Indictment—Allegation of Ownership in Charge
of Burglary.
Criminal Procedure—Indictment--Use of "Feloniously".
Criminal Procedure—Information--Mistake in Name of Person
Injured—Rejection of Surplussage.
Criminal Procedure—Proof of Major Crime on Charge of Minor and
Vice Versa.
Development of Civil Procedure in Hungary, The.
-101-
Part B: The Faculty: Sec. 45.
Exgravator, The—A Chief Judicial Superintendent in Mediaeval
Italy.
Fish as Agricultural Products.
Francis and Mary, the Case of.
Judgments of Lord Justice O'Connor, The.
Judicial Procedure in the Virgin Islands.
Judicial Self Direction Again;
Legal England under George IV, a French Lawyer's Impression of.
Military Law—Court Martial Procedure—Validity of Sentence*
Noblesse Oblige.
Pickings from Preface and Postscript — I—Littleton's Tenures,
Epilogus.
Pleading Premature Actions at Common Law, the Manner of.
Pleading—Statute of Limitations—Permanent or Temporary Injury—
Plea of Non Accrevit. ;
Pleading—Trespass 011 the Case—Office of "Not Guilty".
Pleading—Trespass Qnare Clausum Fregit—Plea of Liberum
Tenementum—New Assignment.
Practice--Abolition of Formal Exceptions—Construction of Sec. 81
of the Practice Act.
Practice—Bill of Exceptions—Presentation and Signature.
Practice—Bill of Exceptions—Time of Filing.
Practice—Partial Judgment under Sec. 55 of the Practice Act —
Tender.
Practice—Record on Error or Appeal—Execution—Bill of Exceptions.
Practice—Record on Error—Motion to Strike in the Municipal Court
—Bill of Exceptions.
Practice—Statement of Claim in the Municipal Court.
Practice—Substitute for Error Coram Nobis—Finality of Order
Vacating Judgment.
Psychology in the House of Lords.
Some Peculiarites of Common Law Pleading in Illinois—I. Restriction
of the Retroactive Operation of Demurrer.
Supreme Court of Italy, The.
PHILBRICK, FRANCIS S.
Contingent Remainders—Destructability by Merger—Antecedents and
Consequences of Bond v. Moore.
Real Property—Dedication and Vacation of Streets—Possibilities
of Reverter and Rights of Entry for Breach of Condition
Subsequent—Unconstitutional Taking of Property for Private
Purposes.
POPE, HERBERT.
Gommon Law and the Common Man, The.
Corporations—Illegal Purchase of Stock for Purpose of Creating a
Monopoly.
Reason for the Continued Uncertainty of the Sherman Act, The.
Recall of Judicial Decisions, The—A Criticism.
Sales—Contract of Sale in Furtherance of an Illegal Purpose.
Wills—Methods of Construction.
-102-
Part B: The Faculty: Sec. 45
POUND, ROSCOE.
Constructive Service—Error in Initial of Middle Name.
Contracts—Offer under Seal—Options—Mutuality.
Equity, Consideration in.
French Law in America, The Influence Of.
Legacies on Impossible or Illegal Conditions Precedent.
Procedural Reform, A Bibliography of: Including Organization of
Courts.
Quasi-Contracts—Recovery of Money Paid in Excess of Telephone
Rates Fixed by Law—Voluntary Payment.
Regulation of Judicial Procedure by Rules of Court.
Some Principles of Procedural Reform.
Wills—Probate—Jurisdiction to Probate Will of Non-Resident.
PRICE, PAUL E.
Blue Shy Law—Criminal Law—Sales.
Does Subsequent Marriage Disqualify an Otherwise Competent
Witness?
Effect of Knowledge of Agent on the Defense of Fraud.
Negligence—Automobiles—Liability of Parent for Tort by Daughter
Using Family Automobile.
Torts—Electricity—Liability of Public Service Company.
Workman's Compensation—"Arising out of the Course of Employment."
Workman's Compensation—Death of Beneficiary of Award—Diversion
of Award to Another Beneficiary.
Workman's Compensation—Liability of an Agent.
SCHMIDT, THEODORE.
Abstract of Laws Enacted by the Fifty-Third Illinois General
Assembly, 1923.
Evidence—Admissions by Silence.
Evidence—Privileged Communications to Physicians; to Nurses; to
Surgeon of Army Medical Corps.
Evidence—Testimony of Witnesses and Exhibits Giving the Result
of an Examination of Books, Records, Etc.
Negligence—Evidence of Deceased's Habits and Reputation as to
Care.
SCHOFIELD, HENRY.
"Arbitration" under the Tuley Act—Erroneous Judgment—Equity
Jurisdiction—Appellate Jurisdiction.
Conflict of Laws—Concerning the Capacity of Married Women to
Contract,
Constitutional Law—Chicago Municipal Court Act.
Constitutional Law—Dancing in Restaurants.
Constitutional Law—Drainage—Right of Appeal and Trial De Novo
on a Justice's Judgment under Sections 19 and 20 of the Farm
Drainage Act.
Constitutional Law—Due Process of Law as Applied to Informing
a Corporation That It Has Been Sued.
•103-
Part B: The Faculty: Sec. 45.
Constitutional Law—Eminent Domain--Drainage--Jury Trial on the
Assessment of Benefits.
Constitutional Law—Eminent Domain--Jury Trial on the Question of
Just Compensation.
Constitutional Law—Equal Protection of the Law—Deceit in
Hiring Workmen Abroad.
Constitutional Law—Federal Employer7s Liability Act.
Constitutional Law--Federal Judgments and Decrees--Full Faith and
Credit--What Law Governs Their Effect as to Privies Where
Federal Equity Decrees Are Rendered in One State and Exhibited
in Another State.
Constitutional Law—Interstate Commerce—State Taxation of Railway
Gross Receipts.
Constitutional Law—Judgments for Money of One State in Another
State.
Constitutional Law--Jurisdiction of the Federal Supreme Court to
Review State Decisions under the Federal Safety Appliance Act.
Constitutional Law--Jury of County or District in Criminal Cases
in the City Court of a City Situated in Two Counties.
Constitutional Law—Power of Illinois under Fourteenth Amendment,
to Aid Owners of Wet Lands to Drain Them for Agricultural
Purposes.
Constitutional Law—Situs of Mortgage Notes under the Federal
Constitution.
Constitutional Law--TJnreviewable Wrong or Doubtful State Decisions
of Questions of Federal Constitutional Law.
Contempt of Court—Remedial or Civil and Punitive or Criminal
Proceedings.
Contracts--Covenants in Saloon Leases to Sell Beer Made by
Specified Brewing Company Only.
Contracts--Recision for Mistake.
Corporations--Does Legislative Power Exist to Legalize a Majority
Plan of Reorganization or Insolvency.
Cruel and Unusual Punishment.
Death Statute, the Claim of a Federal Right to Enforce in One
State the Death Statute of Another.
Doctrine of Haddock v. Haddock, The.
Eminent Domain—Condemnation of Private Property by a Park Board
to Acquire Sites for a Privately Owned Museum of Natural History
and Library.
Equity—Jurisdiction to Correct Mistakes in a Voluntary Deed.
Equity—Mistake of Law as a Title to Property.
Equity—Mutuality in SpecifiQ Performance.
Equity—Specific Performance--Effect of a Power to Terminate the
Contract.
Equity—Specific Performance--Oil and Gas Lease as an Executed
Contract or Grant—Mutuality.
Equity—Specific Performance--Oil and Gas Lease as an Executory
C ont r a c t —Mutuality.
Equity Jurisdiction in Illinois over Irregularities in Execution
Sales.
Equity Jurisdiction--Right of Workmen to Enjoin a Threatened
Strike Brought to Coerce Their Employer to Discharge Them
unless They Join a Labor Union.
-104-
Part B: The Facility: Sec. 45
Equity Jurisdiction to Abate and Enjoin Illegal Saloons as
Public Naissances.
Equity Jurisdiction to Determine Eights in Foreign Seal Property
Given by Will—-Per Curiam Decisions.
Equity Jurisdiction under the Full Faith and Credit Clause.
Evidence--New Trial for Erroneous Ruling On,
Federal Courts and Mob Domination of State Courts.
Full Faith and Credit vs. Comity and Local Rules of Jurisdiction
and Decision.
Insurance--Waiver and Estoppel Based upon issuance of Insurance
Policy with Knowledge of Breach of Warranty„
Interstate Nuissance—Jurisdiction to Abate--Water Rights in
Interstate Streams--Federal and State Courts.
Judgments of Other States, Action on-—Nul Tiel Record.
Judicial Tendencies in Impairment of the Marriage Relation—A
Further Comment.
Jurisdiction—Appellate Jurisdiction of the United States Supreme
Court not Defeated by Grounds upon Which Decision in State Court
Is Rested.
Jurisdiction—Indiana Marriages in Contravention of the Illinois
Act of 1905.
Jurisdiction of Federal Courts to Manage Insolvent Public Service
Corporations.
Jurisdiction—Wrongful Act Causing Death Done in Illinois, but
Death Occurring outside of Illinois.
Jury—Advance Fee in Civil Cases in Chicago Municipal Court.
Jury Trial in Original Proceedings for Mandamus in the Supreme
Court.
Municipal Corporations—Power of Cities in Illinois to Fix Price
of Gas.
New Trials and the Seventh Amendment—Slocum v. New York Life
Insurance Company.
Oil and Gas Lease—Effect of Surrender Clause,
Petit Larceny—-Mode of Prosecution—Indictment or information—
Infamous Crime and Infamous Punishment »
Procedure and practice--Federal Injunctions to Stop Suits in
State Courts and State Injunctions to Stop Suits in Federal
Courts—Plea in Abatement and Stay Order,
Practice—Jurisdiction of the Chicago Municipal Court in Tort on
the Fictitious Ground of Contract.
Property—Contingent Remainders—Destructability.
Reformation—Donor's Mistake of Fact—Correction for Donee after
Donor's Death.
Religious Liberty and Bible Reading in Illinois public Schools.
So-Called Equity Jurisdiction to Construe and Reform Wills.
Specific Performance—Foreign Property—Form of Decree.
Specific Performance—Loss by Fire—Insurance—Mutuality.
State Civil Service Act and the Power of Appointment, The.
State Tax on Illinois Central Gross Receipts and the Commerce
Power of Congress, The.
Supreme Court of the United States, and the Enforcement of State
Lav; by State Courts, The.
Suretyship—The Principal's "Promise in Law" to Indemnify his
Surety.
-105-
Part B: The Faculty: Sec* 45
Swift v. Tyson; Uniformity of Judge-Made in State and Federal
Courts.
Tax Deed—Right of Holder of Invalid Tax Deed to Reimbursement —
Subrogation to Lien of the Public.
Warehouse Receipts—Effect of When Made by Owner to Himself and
Delivered as Collateral Security.
Word "Hot" as a Test of Equity Jurisdiction to Enjoin the Breach
of Contract, The.
THULIN, FREDERICK A.
Business Trust, A Survey of The.
Revenue Act of 19SI, The Capital Transaction under The.
Trust Inter Vivos, Formal Creation of A.
VAN HOOK, HUBERT.
Bankruptcy—Power of Referee over Witness.
Pleading. Bill of Particulars in Illinois, The.
WATS0Ht CHARLES H.
Alien Dependents under Workman's Compensation Law; The Equities
on Hon-Residents.
International Law—Aliens—Right of Alien Friends and Alien
Enemies to Inherit Property under Treaty and State Statutes.
International Law—Devise to an Alien Enemy.
WESTBROOK, IRA E.
Compensation Act—Rights of Hon-Resident Alien Dependents
Thereunder.
Workmen's Compensation—Accidents at Hoon Hour off Premises —
Whether Arising out of and in Course of Employment.
WIGMORE, JOHN HENRY.
Administrative and Judicial Tribunals, Ho Jealousies Between.
Administrative Boards and Commissions: Are the Jury Trial Rules
of Evidence in Force for Their Inquiries?
Assumption of Risk—Storing Personalty on One1 s Own Premises
Adjacent to a Ra.ilroad.
Bible in the Public Schools, Reading of the—Professor SehofieldTs
Essays.
Boycott—Action by Non-Union Employees to Enjoin a Union from
Compelling Their Discharge.
Carriers—ShipperTs Assent to Terms of Restricted Liability in
the Bill of Lading.
Character of an Honest Lawyer, The.
Charitable Corporations—Immunity from Liability for Agent's
Torts.
Chief Justice of the World Court, The.
Child Labor—Employer's Liability for Injury Regardless of
Negligence.
«•106
Part B: The Facility: Sec. 45.
Citing Old French law.
Civil Damages under the National Prohibition Act.
Civil Rights Bill, the Soldiers' and Sailors'. (Co-author with
Mansfield Ferry and Samuel Rosenbaum.)
Common Carriers? Are Yellow Cabs?
Compensation for Property Destroyed to Stop the Spread of a
Conflagration. (Co-author with Henry C. Hall.)
Congressional Legislation, Recent.
Constitutional. Law—Evidence Obtained by Unlawful Search or
Seizure.
Constitutional Way to Reach the Housing Profiteer.
Constitutionality of Rent-Régulâtion law.
Continental Decision, A—Innkeeper—Liability of—Negligence of
Cue st.
Continental Decision, A—Regress of a Surety without Cession of
Claim.
Contracts to Alter or Waive the Rules of Evidence.
Contributory Negligence of the Beneficiary as a Bar to an
Administrator's Action for Death.
Corporation Stockholders' Right to Inspect Books.
Counsel's Admissions in Court, as a Basis for a Directed Verdict.
Criminal Convictions—Affirming on the Whole Case.
Criminal Law—Criminal Pleading—Indictment "Professing" to Set
Forth a Forged Instrument.
Criminal law—Criminal Procedure—"Good" Reversals and "Bad"
Reversals.
Criminal Law—Evidence—Alleging and Proving a Corporation as
Owner of Stolen Goods.
Criminal Law—Evidence—Wife's Testimony Against Husband.
Criminal Law—Indictment—Variance.
Criminal Law--Its Alleged Breakdown.
Criminal Law—Reversal for Technical Error.
Criminal Law—Reversing a Criminal Case for Erroneous Rulings on
Evidence.
Criminal Law—Statutory Immunity for Self-Crimination—Scope of
the Immunity.
Criminal Pleading—Assault with Intent—Fatuous Technicalities.
Criminal Pleading—Larceny from a Corporation.
Criminal Pleading—Same Count for Principal and Accessory.
Criminal Procedure—Technicalities of Indictments.
Cross Examination to Character Once More.
Death by Wrongful Act—Measure of Compensation for Family.
Death by Wrongful Act—Miners' Act and Buildings Act.
Depositions—Mode of Authenticating—Notary's Authority to
Administer Oath.
Elections—Ballots—Voter's Testimony to His Vote.
Employee's Assumption of Risk of Disease—Employer's Duty to Warn.
Employer's Liability to Employee—Assumption of Risk of Danger
from Employer's Violation of Statutory Requirement of Safety
Appliances.
Ethics in the Supreme Court Law.
Evidence—Age of Accused Inferred by Jury from Appearance in
Court.
Evidence—Assessor's Valuation of Land as Evidence of Value.
-107-
Part B: The Faculty: See. 45
Evidence—Attesting Witness—Impeachment by Self-Contradiction.
Evidence—Bloodhound Following Trail.
Evidence—Character of Third Person.
Evidence—Criminal Cases—Cross-Examinâtion to an Arrest.
Evidence—Cross-Examinâtion of a Witness as to Misconduct Dis¬
crediting His Testimony.
Evidence—Cross-Examinâtion to Moral Character.
Evidence—Deceased1s Declarations of Intention.
Evidence—Declaration of Intention to Act.
Evidence—Employer's Report of Accident to State Board.
Evidence—Excluding a Self-Contradictory Statement Which Witness
Admits That He Made.
Evidence—Expert Opinion as to Cause of a Physical Ailment.
Evidence—Finger Prints, Interpreted by Dactyloscopy, to Identify
an Accused.
Evidence—Former Testimony of Absent Witnesses in Criminal Case.
Evidence—Fourth Amendment—Documents Illegally Seized.
Evidence—Hearsay Exception for Statements of Familjr History—
Qualifying the Declarant.
Evidence—Hearsay—Statements of Intention.
Evidence—How to Certify a Copy of a Foreign Judgment.
Evidence—Husband Incompetent to Testify for Wife in a Criminal
Case.
Evidence—Impeachment of Witnesses—Mental Derangement.
Evidence—legislative Power to Compel Testimonial Disclosure.
Evidence—Mode of Obtaining Immunity in Return for Self-Criminating
Evidence.
Evidence—Hew Trial for Erroneous Rulings on Evidence.
Evidence—Opinion of Medical Expert as to Cause of Plantiff s
Illness.
Evidence—Parol—Misdescription of Land—Kurtz v. Hibner.
Evidence—Parol Evidence—Release of a Joint Tortfeasor.
Evidence—Parol Evidence Rule—Misdescription of Property in a
Will.
Evidence—Physician's Testimony Based Partly on Patient's State¬
ments—Rule Assimilating Physicians to Coroners and Veterinaries.
Evidence—Privilege of a Corporation Against Self-Crimination.
Evidence—Privileged Communications Between Husband and Wife.
Evidence—Rape Complaints—Facts v. Details.
Evidence—Regular Entry Verified by a Witness not Having Personal
Knowledge.
Evidence—Rejecting an Uncontradicted Witness.
Evidence—Revocation of Will—Testator's Post-Testamentary
Declarations.
Evidence—Sales of Other Similar lands to Show Value.
Evidence—Stare Decisis—Coroner's Verdict as Evidence.
Evidence—Telephone Conversations.
Evidence—Workmen's Compensation—lawyers.
Eye-Witness of a Crime Called by the Judge for Cross-Examinâtion
by Both Sides.
Federal Procedure—Discovery of Documents Before Trial.
Fraudulent Representation of Value as Ground for Recission of
Contract.
Freedom of Speech and Freedom of Thuggery in War-Time and Peace-
Time: Abrams v. United States.
-108-
Part B: The Faculty; Sec. 45
Handwriting Testimony—Specimens Showing Facsimile Tracing.
Herbert Spencer in a Judicial Opinion, Quoting.
Imputed Negligence—Companion Assuming Risk of Driver's Negligence,,
Injuries Caused by Concessioner's Negligence—Lessor's Liability.
International Assimilation of Law—Its Needs and Its Possibilities
from an American Standpoint.
International Law. league of Nations, Legislative Summary of the
Fifth Assembly (1924) of The.
Italy v. Greece under International Law and the Pact of Nations,
The Case Of.
Job Analysis Method of Teaching the Use of Law Sources.
Joint Tortfeasors and Severance of Damages; Making the Innocent
Party Suffer without Redress.
Joint Tortfeasors—Distinction Between a Release and a Covenant
not to Sue. .
Judgments of Other States—Action on, Presumption of Local Law of
Other " States.
Justice, Commercial Morality, and the Federal Supreme Court:
Waterman Pen Case.
Kangaroo Court, The.
Kurtz v. Hibner Again—Misdescription of Tracts in a Will.
Lawyer's Law, Pending and Passed, in the Federal Congress, 1924.
League of Nations, Work of The.
Legal History in the Courts.
Legal Novels, A List Of One Hundred.
Legislative Proposals, Recent Phase of Contemporary.
Licensee Injured on Premises—Child Labor Law.
Litigation, Is There a Rule Against Perpetuities In?
Logic and the Constituio—What Is the Constitution of
Massachusetts?
Malicious Prosecution—Harassment by Repeated Civil Suits, as
Damage.
Malicious Prosecution—Reversed Prior Judgment Against Now
Plantiff, As Conclusive Evidence of Probable Cause.
May a Judge Refer to His Associates' Opinion as "The Most
Beautiful Bouquet of Bourbon Blunders?"
Modern Sanitation and the Courts.
Moving Pictures in Evidence.
National Prohibition Act, Self-Crimination and Immunity under
the—Evidence.
Negligence—Liability of Vendor of Electricity for Damage Caused
by Vêndee's Negligent Wiring.
Novels, A List of Legal.
Origin of the International Rules for Navigation at Sea, Wanted:
The.
Parol Evidence—Secretary of State's Record of Veto.
Pensioning Dependents of Police and Militia Killed or Injured in
the Line of Duty.
Personal Injuries—Negligence—Prior Acts of Defendant as Evidence.
Personal Injury—Notice Served on Defendant City or Town.
Pleading—General Verdicts on Counts Good and Bad.
Postponing Trials until End of Legislative Session for the Benefit
of Attorneys Holding Seats in the Legislature.
-109-
Part B: The Faculty: Sec« 45
Practice—Discovery—Entering Judgment as a Penalty for Refusal
to Discover,
Practj.ee--Trial—Counsel11 s Argument—Right of Prosecution to
Omit Opening Speech,
Practice-—Trial Judge as an Umpire,
Presumption of Innocence.
Procedure—■Motion for New Trial—Effect upon Exceptions Taken to
Rulings upon Evidence and Instructions.
Professional Ethics—Attorney of Record Talcing the Stand as
Witness.
Professor Duguit and State Sovereignty; Twenty Years of Progress.
Professor Muensterberg, And the Psychology of Testimony,
Professor Robert W* Millar1s Monograph on "The Formative
Principles of Civil Procedure."
Proof, The Problem Of.
Qualities of Current Judicial Decisions, The.
Release to One Joint Tortfeasor.
Remoteness of Consequences—Spreading of Fire.
Reversals in Criminal Cases—Supreme Judges v. Trial Judges,
Reversals on "Technicalities"—The Cleminson Case.
"righteousness" in a legal Precedent.
Self Respect of the legal Profession,, The.
Simplified Procedure in India.
Some Evidence Statutes That Illinois Ought to Have.
Stenographic Report of Testimony in a Criminal Trial.
Synoptic and Hyperethnic Homology.
Technicalities and Criminal Justice Once More.
Technicalities in Criminal Cases—Hew Trial Because Accused Had
Fewer lawyers than Prosecution.
Technicalities of Modernity, The,
Timidity, Indecision, and Evasiveness of Courts, as Making for
Inefficiency of Justice.
Torta—Contributory Negligence of Beneficiary under Death A.ct.
Torts—Defamation—liability for Repetition by Third Persons.
Torts—Defamation—Privilege for Fair Report of legislative
Proceedings.
Torts—Death by Wrongful Act—Survival of liability upon the
Tortfeasor*s Death.
Torts—Death of One leaving Hon-Resident Alien Beneficiaries.
Torts—Failure of Railroad to Maintain a Statutory Fence to Keep
out Children.
Torts—Parent's liability for Children's Torts.
Torts—Patient's or Relative's Consent to Operation.
Trade-Marks—Union labor label.
Trade Name in a Cemetery.
Unequally Matched Counsel—Hew Trial for Inadequate Means of
Defense.
Uniformity of law--Compacts Between States.
Value Testimony—Damages by Trespass.
Verdict—Sustaining a General Verdict When Some Counts Are not
Supported by Evidence.
Victims of Dishonest Business Sharpers, Why Should not Remedies
for Be Encouraged?
-110-
Part B: The Faculty: Sec. 45
Wills-Execution—Attesting Witness Testifying to Non-Performance
of Requirement for Execution.
Wills— Invalidating a Will Solely Because an Attesting Witness's
Memory Has Failed.
World Law in the Making, A Glimpse At.
WOODWARD, FREDERICK C.
Bankruptcy—Mercantile Agency Corporation not Subject to
Involuntary Proceedings.
Bills and Notes--Q,uasi-Contracts—Mistake by Drawee as to
Genuineness of Drawor's Signature.
Contracts—Architect's Certificate as Condition Precedent—
Recovery on Common Counts.
Equity—Injunction in Suit for Alienation of Affection.
Equity Jurisdiction—Protection of Interests of Personality—
Injunction Against Persecution.
Iroquois Theater Cases—A Flagrant Instance of the LawTs Delays,
The.
Statute of Limitation—Written Contracts Under.
Trusts—Proof of Express Trust in Land by Letters and Memçranda.
ZANE, JOHN MAXCY.
Advocate, The French.
Bench and Bar in the Golden Age of the Common Law, The.
Bench and Bar in the Silver Age of the Common Law, The.
Cost of a Democratic Bar, The.
Legal Heresy, A.
Mediaeval Cause Celebre, A.~
Renaissance Lawyers.
Roman Lawyer, A.
ZEISS, CARL H.
Landlord and Tenant—What Constitutes Eviction.
Part B: The Faculty: Sec. 45
(C.) Contributions by Present Members
appearing Elsewhere
EDWARD F. A1BERTSW0RTH
■ - * J
Articles, Essays, Addres ses, etc.
Judicial Review" of Administrâtive Action (35 Harvard I. R. 127.-,}
Leading Developments in Procedural Reform(7 Cornell L. Q. 316u
The Heed for Hew Premises in the Law (56 Am. L. R. 17; 153 Law'
Times, 301).
The Program of Sociological Jurisprudence (8 Am. Bar Assn.
Journ. 393).
Recognition of Hew Interests in the Law of Torts (10 Calif.
L. R. 461).
The Theory of the Pleadings in Code States (10 Calif. L. R*
202; 94 Cent. L. J. 388, 406).
From Contract to Status (8 Amer. Bar Assn. Journ. 17; 42
Canadian L. T. 102)3
The Changing Conception of Law (8 Amer. Bar Assn. Journ. 673).
Apocryphal Reasoning of Courts (9 Cornell L. Q,. 229).
The Common Law in a Transitional Era (9 Amer. Bar Assn. Journ.
515) .
Is There a Legal Cycle (11 California L. R. 381).
Current Religious Thought and Modern Juristic Movements (34 Int.
Journal of Ethics, 364).
The Common Law and the Idea of Progress (10 Amer. Bar Assn.
Journ. 459).
The Law of Industrial Injuries: At the Common Law, Under
Employers1 Liability Acts, and Workmen's Compensation Statutes
(northwestern University Press, 1925, syllabus).
The Law of Labor Relations: Trades, Disputes at the Common
Law and under Modern industrial Statutes, (northwestern
University Press, 1925, syllabus).
BRUCE, ANDREW A.
Boojcs and Monographs Written.
Property an cl ITo ci e g y~TMc Clurg & Co., Chicago, 1916).
The Hon-Partisan League (The MacMillan Co., 1922).
The American Judge (MacMillan Co., 1924).
Books Edited or Introduced,
ïn'troduction fc> ï'buffoulonT s Philosophy in the Development of
the Law.
Introduction to Muller's Early History of the Federal Supreme
Court.
Articles, Essays, Addresses, etc.
(Judicial Opïhiens~P"SX5", m Iforth Dakota Supreme Court Reports,
Vols. 22 to 43.
The Hull House in Politics (The Aegis).
-112-
Part B: The Faculty: Sec, 45.
Articles, Essays, Addresses, etc.
iflnployers^ Liability in the United States (The Forum. Vol. I.
P. 46).
The Law School and Intercollegiate Athletics (The American Law
School Review, Vol. I, p. 37).
The Degree of Proof Necessary When Chime is Charged in a Civil
Action (Central Law Journal, Vol. 47, p. 483).
Statutory Regulation of the Employments of Women (58 Central
Law Journal 123).
Organized Labor and the Life Term Judiciary (The Commons, Vol*
10, p. 415).
The True Criteria of Class Legislation (Central Law Journal,
Vol. 60, P. 425). 1
Federal Control of Insurance (Central Law Journal, Vol. 61,
p. 384).
The Individualism of the Constitution (Central Law Journal,
Vol. 62, p. 377).
Railroad Commissions State and Federal (Central Law Journal,
Vol. 62, p. 199).
State Regulation*of Railroad Rates and Charges (Central Law
Journal, Vol. 62, p. 459).
Arbitrary Searches and Seizures as Applied to Modern Industry
(The Green Bag, Vol. 18, p. 273).
The Function of the State University Law School (Michigan Law
Review, Vol. 5, p. 1.).
Federal Treaties and the State Police Power (American Law
Register, Vol. 54, p. 693),
Federal Treaties and the State Police Power, a Rejoinder (55
American Law Register 170).
Christianity and the Law (64 Central Law Journal 8).
Attitude of the Courts towards the Great Industrial Struggle
(24 BankersT Law Journal 606).
Beveridge Child Labor Bill and the United States as Parens
Patriae (5 Michigan Law Review 627).
Christianity and the Law (64 Central Law Journal 247).
The Judge as a Political Factor (19 Green Bag 663).
The Anthracite Coal Industry and the Business Affected with
a Public Interest (7 Michigan Law Review 629).
The Berea College Decision and the Segregation of the Colored
Races (68 Central Law Journal 137).
Common Law and Judicial Legislation (44 Chicago Legal News 60).
Compacts and Agreements of States with one another and with
Foreign Powers (2 Minnesota Law Review 500).
Conservation of Natural Resources and of our National Strength
and Virility (58 Pennsylvania Law Review 125).
Double Jeopardy and the Power of Review in Court-Martial Pro¬
ceedings (3 Minnesota Law Review 484).
Humanity and the Law (73 Central Law Journal 335).
Interstate Commerce and Child Labor (3 Minnesota Lav; Review 39).
The Lawyer and the Legislature (77 Central Law Journal 57).
Laissez Faire and the Supreme Court of the United States (20
Green Bag 546).
New York Employers* Liability Act (9 Michigan Law Review 684).
-113-
Part B: The Faculty! Sec. 45
Articles, Essays. Addresses, etc.
The ^Power To Suspend" a Criminal Sentence for an Indefinite
Period or During Good Behavior (6 Minnesota law Review 363).
Reform of the Law and of the Lawyer (73 Central Law Journal 76),
Religious Liberty in the United States (74 Central Law Journal'
279).
State Socialism and the State Land Grants (33 Harvard Law Review
401).
The State University Law School- Its Duty to Democratize Legal
Knowledge (24 Green Bag 225),
The Supreme Court and the Standard Oil Case (73 Central Law
Journal, 111).
The Tyranny of the Taxing Power (18 Yale Law Journal 377).
The American Hague Tribunal (18 Yale Law Journal 377).
An Unwritten Chapter in the History of South Africa (Quarterly
Journal of the University of IIorth Dakota, Vol-. 1, p. 125,
1911).
The Office of the Appellate Judge (Quarterly Journal of the
University of Forth Dakota, Vol. 1, page 1).
The Few Individualisé (Quarterly Journal of the University of
Forth Dakota, Vol, 3, page 325).
The Wilson Act and the Constitution (The Green Bag, Vol. p.211).
The Value and Fecessity of a College Education to the Practising
Lawyer (Quarterly Journal of University of Forth Dakota, Vol. 6,
p. 122).
Injunction in the Supreme Court (4 Minnesota Law Review 40).
Some Literary Confessions of Mr. Justice Holmes (5 Minnesota
Law Review 282).
Industrial Individualism (The Docket, p. 102).
Our Inheritance of Law (The Few Federalist Series, .American
Bar Association Journal, Vol. 9 p. 377).
Parole in the Federal Courts (American Bar Association Journal.
Vol. XI, p. 680).
The Law School and Legal Education in Forth Dakota (University
Bulletin, Vol., page 3).
The Cochrane Law Library (University Bulletin, Vol., page 3),
The Call of Today (Reports of State Bar Association of
Wisconsin, Vol. X, p. 165).
The True Mission of Boards of Bar Examiners, (American Bar
Association Reports, Volc, p. ).
A Government by Men and not by Laws (American Bar Association
Reports, Vol. XLIII, p. 495)»
The Reign of Law (Report of nineteenth Annual Meeting of South
Dakota Bar Association, July 31, 1918, p. 98).
The Problem of the Courts and the Vision of America (Proceedings
of Iowa State Bar Association, Vol. XXX, p. 221),
The Common Lav; and Judicial Legislation (Proceedings of the Bar
Association of Forth Dakota, (1911) p. 76).
The Lawyer and the Administration of the Law (Forth Dakota Bar
Association reports for 1906-1907, p. 15).
(Committee and other Reports).
Report of CommxTtee on Marriage and Divorce (Fational Confer¬
ence of Commissioners on Uniform State Law, July 3, 1917).
-114-
Part Bî The Faculty: Sec. 45
Articles, Essays, Addresses, etc.
Report on Committee on Legal Education to North Dakota State
Bar Association (North Dakota Bar Association Reports, page 205.
1907). '
Report of Delegates to American Bar Association (Vol., North
Dakota Bar Association Reports, page 76).
Report of Committee on Legal Education to N, D. State Bar
Association (Vol., N. D. State Bar Association Reports,
page 199).
Report of Committee on Military Law (American Bar Association,
(July 1919).
(Articles in Encyclopedias)
I'he Law of Bailments (The" American School of Correspondence,
Chicago).
North Dakota (Encyclopedia Americana).
Criminal Administration in the United States (The American Year
Book of 1925).
(Some Principal Judicial Opinions) (there are 315 in all).
The Unexplained Omission of Children in a Will and the Conclu¬
siveness of Probate, (Lowery et al. v. Hawker et al), 22 N. D.
318, 37 L. R. A. (N. S.) 1143, 133 N. W. 918.
The Liability of a Bank for Sending Checks of a Depositor Dir¬
ectly to the Drawee Bank for Collection, (Pickett v. Thomas J.
Baird Investment Company), 22 N. D. 343, 133 N. W. 1026.
The Corroboration of the Testimony of an Accomplice, (State v.
Reilly), 22 N. D. 353, 133 N. W. 914.
What May Be Proved Under the General Denial; Sales Made by a
Corporation to its Stockholders, (Anderson Mercantile Company
v. Anderson et al.), 22 N. D. 441, 134 N, W» 36.
Real Estate Brokers- Commission- Right to Where Contract Terms
as to Payment are not Complied with, (Brush-McWilliams Company
v. Gludt,) 22 N. D. 549, 134 N. W. 741.
Agreements to Stifle Competition ât Tax Sales, (Graham v. Mut¬
ual Realty Company), 22 N. D. 423, 134 N. W„ 43.
Judgments non obstante veredicto and the Claim of Usury in
Demanding the Settlement of a Distinct Claim as the Condition
of the Extension of a Mortgage, (Miller et al. v. Bank of
Harvey), 22 N. D. 538, 134 N. W. 745,
Conspiracy to Induce the Breach of a Contract, and Objections
to the Sufficient of the Pleading, (Sleeper v. Baker et al»),
22 N. D. 386, 39 L. B0 A. (N. S.) 864, 134 N. W. 716.
What Constitutes a Homestead; Certainty as to Christian Name
in the Record of Mortgage, Chain of Title, and the Alteration
of a Mortgage after its Execution, (Styles v. Theo. P.
Scotland & Co.), 22 N. D. 469, 134 N. W. 708.
Who is a Passenger; Liability of Railroad Telegraph Office for
Assault upon Customer; Rubber Stamp Endorsement by Sheriff
upon Summons and Complaint, (Galêhouse v. Minneapolis, St.Po.ul,
& S. S. M. R. Co.,) 22 N. D. 615, - L. R. A. (N. S.)-, 135
N. W. 189.
Damages for Breach of Warranty in Sale of Diseased Horse; ad¬
missions of Agent, (Needham v. Halverson), 22 N. D. 594, 135 N»
W. 203.
-115-
Part B: The Faculty: Sec. 45
Articles, Essays, Addresses, etc.;
(Principal Judicial Opinions)
Right of Superintendent of Public Instruction to Money Paid
for Extra Off! ce"Help when the Work is done by himself and no
Help is Employed, {State v. Stoekwell et al.). 23 H. B. 70,
134 H. W. 767.
Mut liai it y in Specific Performance, (Ugland v. Kolb), 23 F. P.
158, 134 H» W. 879.
What may be proved under the general denial in an action fôr
the conversion of money, (Heiszler v. Beddow), 23 F. 3). 34,
135 F. W. 660.
When will a deed be deemed a mortgage, (Smith v. Hoff), 23 F«
D. 37, 135 F. W. 772.
liability of Telegrapy Company for Accident to Child which
falls into a post-hole-independent Contractor, (Ruehl v.
lidgerwood Rural Telegraph Company), 23 F. 3). 6, 135 F. W, 793,
Counter Claims in Action to set aside Tax Sale, (Tee v. Fobie),
23 F. B. 225, 135 F. W. 769.
Rights and liabilities Of Mortgagee in Possession, (Blessett et
al. v. Turcotte et al.), 23 H. D, 417, 136 F. W. 945.
Exemptions in Garnishment Proceedings, (Burcell v. Goldstein et
al.), 23 F. D. 257. 136 F. W. 243.
Prairie Trails and Highways by Prescription, (Burleigh Countjr
v. Rhud), 23 F. Do 362, 136 F. W„ 1082.
Action to Set Aside Transfer of Stock to an Officer of the
Corporation- Joinder of Causes of Action, (Fiven et al. v.
Peoples et al.), 23 F. D. 202, 136 F. W. 73.
Corroboration of Testimony of Accomplice- Improper Remarks of
Counsel, (State v. Phineas Bodson), 23 F. D. 305, 136 F. W. 789.
Alienation of .Affections- Proof of Malice, (Bertha Greuneieh v.
Christoph Greuneieh), 23 F. B. 368, 137 F. W. 415.
Purchase of School Property- Merchantable Title- Acceptance of
Bonation of Site, {Grow et al. v.'Taylor et al. as State Board
of Formal Trustees), 23 F. Bo 469, 137 F. W. 451.
License to Use Well- Boundaries- Homestead, (Johnson v. Bartrcn)
23 F. B. 629, 137 F. W, 1092.
Breach of Contract to Big Brain- Bond and Bamages, (Long v.
American Surety Company), 23 F. B. 492, 137 F. W. 41.
Rape- Suffiçiency of Information- Threats and Resistance, (State
v. Bancroft), 23 F. B. 442, 137 F. W. 37.
Original Jurisdiction of Supreme Court and the Election of
County Officers, (State on the Relation of B. W. Shaw, Relator
v. Harmon, as County Auditor of Morton County), 23 F. B. 513,
137 F. W. 4271.
Replevin by Bailee- Judgment in the Alternative, (Smith v.
Willoughby) 24 F. B. 1, 138 F. W. 7.
Bills and Fotes- Fegotiability- Unconditional Promise to Pay-
and Suggestion of Conditional Sale, (Fleming v. Sherwood),
24 F. B. 144, 139 F. W. 101.
Habêas Cornus and Fugitives from Justice- Extradition, 24 F » P.
582, 139 F. W. 1050, (In the Matter of the Application of
Samuel Galbreath for a Writ of Habeas Corpus).
-116.
Part B: The Faculty: Sec. 45
Articles. Essays. Addresses, etc.:
Xrr-incipa..-. "TSucTicial~0piniohsj
Redemption from an Execution Sale not a Voluntary Payment of
the Debt, (Murphy v. Casselman and the U. S. Fidelity &
Deposit C-c. of Baltimore Ml.), 24 II, D. 336, 139 E. W. 802.
Redemption from Execution Sale, (Lown, Trustee, v. Casselman),
24 II. D« 342, 339 E„ W, 804.
Statute cf Frauds- Debts cf Others and Contract not to be Per¬
formed Within One Tear, (Olson v. McQueen), 24 E. D. 212, 139 If.
W. 522.
Municipal Contracts and Competitive Bidding, (Price v. City of
Fargo), 24 E. D. 440, 139 E, W. 1054.
Dismissal of Appeals for Eon-Prosecution-Vacation of Orders,
(Saunders v. Harris), 24 E. D0 236, 139 E. W. 325»
Land Contracts- Sale- Agency- Deed and Delivery and Payment by
Chech on Insolvent Bank, (Schafer v. Olson), 24 E. D« 542, 139
E. 77. 983«
Mandamus or Prohibition to Board of Railroad Commissioners-
Approval of Bonds of Sureties, (State ex; rel. Dakota Trust
Company v. Stutsman et al.), 24 II. D. 68, 139 IT. W. 83.
Liability of Master for Injury Occasioned by Defective Signals
and Defective Hoisting, (Wyldes, by McLaughlin, Guardian ad
Litem v. Patterson), 24 H. D* 218, 139 E. W. 577.
The Election on County Division- Omission of Precincts- Mandamus
to Declare Result. (State ex rel. Minehan v. Thompson), 24 E. D.
273, 139 E. W„ 9 66.
Advancement of Cases for Hearing in Supreme Court- Supersedeas
Bonds and Dismissal of Appeal, (Burger v. Sinclair), 24 E® D.
315, 140 E. V/., 231.
Supersedeas Bonds and Appeals, (Seckerson v. Sinclair), 24 E. D.
326, 140 E. W. 239.
Undertakings for Costs- Justification of Surety- Failure to File
Briefs in Time, (Burger v. Sinclair), 24 E. D. 326, 140 E. W.
235.
Liability of City for Ice on Sidewalk, (Jackson et al. v. City
of Grand Forks,) 24 E« D„ 601, 140 E. W, 718, 45.
Eegotiable Instruments- Indorsement, Dishonor, Maturity,
Consideration, and warranty, (McAdam v. Grand Forks Mercantile
Company), 24 E. D0 645, 3.40 E, W. 725, 47 L. R. A. (E. 3.) 246.
Street Car Accidents-Contributory Eegligence and the Last Clear
Chance, (Welch v. Eargo & Moorehead Street Railway Company), 24
E. D. 463, 140 E, W. 680.
Misdemeanors and Requests"for Time in which to Plead, (State v.
Kelly et al.), 25 E. D. 1, 140 E® W. 714.
Bankruptcy- Effect of Discharge- Liens and Exemptions, (First
International Bank: of Portal v. John J0 Lee), 25 E. D. 197,
141 E. W. 716.
National Banks and Voidable Loans on Real Estate- Liability of
Surety- (First National Bank of Westhope v. J. M. Messner, et
al.), 25 E. D. 263, 141 E. W. 999.
Guaranties on Patent Medicine Agenôy Contract- Justification of
Surety on Appeal Bond, 25 E. D. 63, 141 E. W. 64, (The W. T.
Rawleigh Medical Company v. Laursen et al»).
-117-
Part B: The Faculty: Sec. 45.
Articles, Essays, Addresses, etc.:
(principal Judicial Opinions)
Action to Quiet Title- Statute of Limitations- Heirship-
Collaterhl Attack on Judgments, (Nellie Shane et al. v. H.
Peoples), 25 N. D„ 188, 141 N. W. 737.
Abortion- Sufficiency of Information- Arbitrary Discharge of
Juror-Hypethetieal Question and Expert Testimony, (The State of
North Dakota v. James J„ fisilly), 25 N„ D. 339, 141 N. ÏÏ. 720..
Personal Injuries- Servant and Independent Contractor, (Taute -v.
J. I. Ca.se Threshing Machine Company), 25 N. D. 102, 14j. N. W.
134.
Fraud and Duress in Obtaining Mortgages- Threats of prosecution-
Homestead, (Anna J. Englert v. Fred V. Dale), 25 N. D. 587, 7.4?
N. W. 169.
Appeals- Bonds of Surety Companies, and Taxable Costs- Attorneys
Fees and Taxable Costs, (Investors' Syndicate v. Thomas H# Pugh,
Administrator), 25 N. Do 490, 142 N. W. 919.
Railroad Crossing Accidents- Ordinary Care and Contributory
Negligence Presumption of Suicide- Mortality Tables, (David J.
Rober, Administrator v. Northern Pacific Railway Company), 25
N. D. 394, 142 N* W* 22.
Original Jurisdiction of the Supreme Court and Mandamus to
Compel Payment cf Salaries of Board of Tax Commissioners-
What Constitutes an Appropriation- The Filling of Vacancies,
(State Of North Dakota, ex rel, Luther E. Birdzell, Frank E.
Packard, and George E, Wallace, Members of the North Dakota
Tax Commission v. Carl. 0; Jorgenson, as State Auditor), 25
N. D. 539, 142 N. W. 450, 49 L. E, A. (I. 3.) 67.
Habeas Corpus and the Custody of Minor Children- Res Adjudicate,
(Flora B. Khapp v, C. H. Tolan), 26 N. D. 23, 142 N. W. 915,
49 L. R. A. (N. S.) 83.
Dismissal of Appeals without Prejudice, (Thornhill v. Olson).
26 N. D. 27, 142 N. W. 913.
Offers by Mail- Time Limits- Tender- Conditions Precedent,
(Ackerman v. Maddux et al.), 26 N. D. 50, 143 N. WA 147.
Co-Sureties- Contribution and Payments after Running of Statute
of Limitations- Cause of Action- What Constitutes- Accounting
by Guardian (Gronna v. Goldammer), 26 N. D. 122, 143 N» W. 394,
Location of Right of Way, What Constitutes- Prohibition to
Inferior Courts- Dismissal of Complaint on account of Erroneous
Construction of the Law, (North Dakota ex rel. F. G. Heffron,
Assistant Attorney General of State of North Dakota v. The
District Court for the County of Stark), 26 N. D. 32, 143 N. W,
143.
Liability of Railway Company for Assault by Conductor on Passen¬
ger- Punitive Damages, (Voves v. Great Northern Railway Company)
26 N. D. 110, 143 N. W. 760, 48 L. R. A. (N. S.) 30.
-218-
Part B: The Faculty: Sec. 45
FOLLAFSBEE, MITCHELL D.
Articles, Essays, Lectures, etc.
The LawyerTs Methods of Advertising (Northwestern University
Bulletin, School of Law, Feb. 1903, Series 1, No. 4).
In and Out of the Bar (Michigan State Bar Journal, Vol. Ill,
Fo. 2, December 1923).
CROSSLEY, FREDERIC B.
Books Written."
Courts & Lawyers of Illinois, 3 vols.
Books Edited.
Laws of Indiana Territory, being Vol. II in Illinois Histor¬
ical Society Law Series.
Articles.
"Executive Nullification of Judicial Decrees" Journal of
Criminal Law and Criminology, Vol. IV, 646 reprinted in
Chicago Tribune.
"The Elbert H. Gary Library" Special Libraries, February 1926.
"Chief Justice Harry Olson and his Court", Journal Crim. L.
& Crim. Vol. Ill, 341.
"Report Committee on Criminal Records & Statistics", Journal
Crim. L. & Crim. Vol. XIV, 75.
"The Elbert Ho Gary Library of Law", Journal of Association
of Commerce, 1925.
College and High School Education as a Preparation for Legal
Scholarship (with J. H. Wigmore; Association of American Law
Schools, 1909)
The Job-Analysis Method of Teaching the Use of Legal Sources
(with J. H. Wigmore, Association of American Law Schools,
1921)
GREELEY. LOUIS M.
Articles, Essays, Addresses.
"Liability ofCôrpoTâtions for Malicious Prosecution." (25 A.
M. L. Reg. No S. 727, 1SS6).
"Master1s Liability for Injury to Infant Bnployee". (25 A. L.
Reg. N. S. 580, 1886).
"What Publications of Commercial Agencies are Privileged."
(26 Am. L. Reg. I. S. 681, 1887).
"Foreign or Interstate Commerce, what is the Test of a
Regulation?" (1 Harv. Lav; Rev. 159, 1887).
"Privilege of Witnesses in Federal Courts .against Compulsory
Self-incrimination" (5 Har. L. Rev. 24, 1891).
"Executory Devises in Illinois." (14 Harv. L. Rev. 595, 1901).
"Present Status of Direct Nomination", (Proceedings of 16th
Annual Meeting of Conference for Good City Government, 1910).
-1191
Part Bî The Facultyi Sec* 45.
HARLEY, HERBERT.
S^-icies, Essays, Addresses, etc.
flrtieles appeaHng~Tn Journal of American Judicature Society).
Volume I; The Unified State Court. Courts in Large Cities.
A ^ Fundamental Principle Violated. A Unified Court for
Mississippi, Procedure Through Rules of Court. Two Model
Judiciary Articles. Informal Procedure Adopted. Senate
Committee Gone Astray. Personnel vs. System. Judicial Recall.
To Unify Few York State Courts. Procedure "by Rules of Court.
The Crisis in California. Reorganizing Illinois Courts.
Training Lawyers in Procedure. For More Concise Opinions.
The State-wide Judicature Act. Unified Courts, Suocess of
Organized Courts. Conciliation and Arbitration in Municipal
Court of New York City. Court Organization for Large Cities.
How Long Must We Endure pt? Volume II; Norway's Conciliation
Tribunals. Conciliation Court of Cleveland. Minneapolis
Conciliation Court, Informal Procedure in Chicago. Informal
Procedure in New York. Commercial Arbitration in England.
Arbitration in United States. Understanding the Criminal.
Redeeming a Profession. Court Reorganization in Texas. Plan
to Unify Oregon Courts. Act to Provide for Conciliation. Our
Comprehensive Programme. Act Conferring Rule-Making Authority,
Promoting Commercial Arbitration.
Volume III: The Need for a Criminal Court. Efficient Local
Courts. Unified Court for Chicago. The American Bar Associa¬
tion Draft Constitution. How Shall Judges Be Chosen. Model
Judiciary Article. To Unify Oklahoma Courts.
Volume IV: Sanitation of the Bar. Detroit Gets Real Criminal
Court. Cleaning Up Detroit. Bar Integration Endorsed. Con¬
ciliation is Succeeding. Grand Jury Reform. Wisconsin's
Board of Circuit Judges. North Dakota Legislature Enacts
Conciliation Law. Self-governing Bar Organized by Lawyers
of San Diego. Mass. Judges Adopt Rules for Small Claims
Cases. Crime Problem Solved Through Detroit's Unified Criminal
Court.
Volume V: North Dakota Bar Takes Lead. Conciliation Courts
Provided for Minnesota Cities. Louisiana Bar Asso. Performs
Notable Service. How Courts May Be Co-ordinated, Our Failure
of Criminal Justice. The Courts of Ontario. Detroit Reduces
Crime Fifty-eight per cent. Chicago Demands Unified Court.
Conference on Legal Education.
Volume VI: Consolidate Chicago Courts. An Efficient Criminal
Court. Model Judiciary Article. New Law Unifies Federal Jud¬
iciary. Illinois' Great Opportunity. Judicial Council in
Miôsouri Constitution. How to Unify State Courts. The New
Constitution and the Administration of Justice, American Bar
Report on Crime Criticized.
Volume VII: Ohio Adopts Judicial Council. Commerical
Arbitration Developed., in Trade Courts. Try Conciliation in
Iowa. Plan for Self-government Conferred Upon Alabama State
Bar. Recent Statute Integrates Idaho Bar. Missouri Jiidicial
System Unified in Revised Constitution. Cleveland Has Best
Court in the United States. What's the Matter With the Courts.
-120-
Part B: The Faculty: Sec. 45.
Articles, Essays ? Addresses, etc.
(Articles appearing in Journal of American Judicature Society).
Sparks on the Roof. What a Judicial Council Can Do. Why
Confer Rule-Making Power on Courts. Success of Business
Principles in a City Court.
Volume VIII; Judicial Council in Massachusetts. Principles
of Court Reform are Basel Upon Notorious Facts. 'Organizing
the Bar for Public Service. Michigan's "One Man Grand Jary".
The Part Newspapers Ploy in the Administration of Justice-
Volume IX: Notable Success of Michigan's "One Man Grand Jury
Act". Judicial Council for North Carolina. Arbitration a
Part of Judicial Administration. Where Jury Trial Fails.
Advantages Ascribed to Arbitration. Opinions on Arbitration
Clash. The Technique of Arbitration.
(Articles Appearing Elsewhere).
The Scientific Attitude Toward Reform in Procedure. (Central
Law Journal, Vol. 75, p. 8).
The Municipal Court Idea. (The American Leader, Vol; 6, p. 6).
The Courts of Ontario. (111. State Bar As sT n• Proc., 1912).
The Model Municipal Court. (Nat'l Municipal Review, Jan.
1914).
Organizing Courts for Efficiency. (The Survey, Aug. 1, 1914).
A Lawyers' Trust. (Nebr. State Bar Ass'n Proc., 1915).
The County Judiciary. (First Conference for Better County
Gov't. In New York State.. Proc. 1914).
The Small Claims Court. (Chicago Legal News, Vol. 47, p. 53),
Court Organization for a Metropolitan District. (Am. Pol. Soi.
Rev. Vol. 9, p. 3).
Ultimate Types of Inferior Courts and Judges. (Case & Comment,
Vol. 22, p. 1).
Unified State Court System. (Nebr. State Bar Ass'n Proc. 1914).
Present Tendencies in Judicial Reform. (Am. Pol. Sci. Rev.
Aug. 1915).
Defectiveness and Delinquency. (Conference on Corrections and
Charities, Danville, 111. 1915).
Getting the Judge Out of Politics. (Annals, March 1916).
Ontario Courts and Procedure. (Mich. Law Rev. Mar- & Apr.
1914).
The Metropolitan Court Act. (Yale Law Journal, Vol. 25, p. 6).
The Chicago Municipal Court. (La. St. Bar Ass'n. Prcc. 1915).
A Unified State Court System. (Ore. St. Bar Ass'n proc. 1915).
Business Management for City Courts. (A New Municipal
Program, Appj.eton, 1919).
Business Management for the Courts. (Vir. Law Rev. Vol. 5,
p. 1).
An Efficient County Court System* (The Annals, Sept. 1917).
Conciliation Procedure, (Wis. State Bar Ass'n Proc, Vol. 13)
The Judiciary of Kentucky, Official Report of Efficiency, Com¬
mission to Kentucky Legislature, 1923-24.
Organizing the Bar. (Ore. Law Rev. Vol. 4, p. 1).
-121-
Part B: The Faculty: Sec. 45
KOCOUREg, ALBERT.
ÏÏÔ oms Translated, Edited, or Introduced;
ITranslated). *
Garêis, Introduction to the Science of Law (1911, Boston Book
Co., Boston).
Kohler, Philosophy of Law (1914, Boston Book Co., Boston):
Appendices only, (a) from the German of Adolf Lasson and (b)
from the Spanish of Duarte.
Bel Vechio, Formal Bases of Law (1915, Boston Book Co.1Boston):
Appendix only, from Ger. of Hans Reichel.
Jhering, Las as a Means to an End: (1913, Boston Book Co.,
Boston): Appendices only, (a) from the Ger. of Adolph Merkel
(b) from the Fr. of L. Tanon.
Tourtoulon, Development of Law: (1922, Macmillan Co. R.Y.):
Appendix only, from the Fr. of the author.
(Introduced or Edited).
Miragljft., Comparative Legal Philosophy (1911, Boston Book
Boston).
Berolzheimer, The WorldTs Legal Philosophies (1912, Boston
Book Co., Boston).
Kohler, Philosophy of Law (1914, Boston Book Co., Boston).
Jhering, Struggle for Law (1915, 2d ed. Callaghan & Co.,
Chicago).
V/igmore Celebration Legal Essays (1919, R, W. U. Press,
Chicago).
Science of Legal Method (co-editor J. H. Wigmore) (1917,
Boston Book Co., Boston).
(Compiled and Edited).
Sources of Ancient and Primitive Law (Co-editor J. H. Wigmore)
(1915, Little, Brown & Co., Boston).
Primitive and indent Legal Institutions (Co-editor J. H.
Wigmore) (1915, Little, Brown & Co., Boston).
Formative influences of Legal Development (Co-editor J. H.
Wigmore) (1918, Little, Brown & Co., Boston).
Rational Basis of Legal Institutions (Co-editor J. H. Wigmore)
(1923, Macmillan & Co,., 1". Y. ) •
Articles, Essays, Addresses:
in Unconsidered "lament' in the Probation of First Offenders
(Journal Criminal Law and Criminology, 1910).
Law and Other Sciences. (International Journal of Ethics,
1915).
Rature of Interests and Their Classification (American
Judicature Society, 1917).
Reed of Statistical Information on Civil Litigation (Journal
American Judicature Society, Vol. I, Ho. 6.
Reflections on the Problem of a Society of Rations. (American
Journal of International Law (1918).
Jurisprudence as an Undergraduate Study. (California Law
Review 1919, American Law School Review, 1920).
Various Definitions of Jural Relation, (Columbia Law Review,
1920) Rights in Rem. (Penn. Law Review, 1919$;
Advantage and Disadvantage in Jural Relations, Michigan Law
Review, 1920).
-122-
Part B: The Faculty: Sec. 45,
Articles, Essays, Addresses:
Tabulae Minoras Jurisprudentiae, (Yale Law Journal, 1921).
Polarized and Unpolarized Legal Relations, (Kentucky Law
Journal, 1921).
Classification of Jural Interrelations, (Boston U. Law Review,
1921).
Watura e Specie dei Rapporti Guiridici, (Rivista Internationale
di Filosofia di Dirittc, .1921).
Womic and Anoxic Relations, (Cornell Law Quarterly, 1921).
Terminology of Jural Relations, (American Law School Rev,,
1921).
Won-Legal-Content Relations, (Illinois Lav; Quarterly, 1922).
Formula Procedure of Roman Law, (Virginia Law Review, 1922).
Speedy Justice in Rome, (Journal American Jud. Soc., 1922).
Won-legal-content Relations Recomhated, (Illinois Lav; Q.,
1923).
Rights and Ligations, (American Bar Ass1n Journal, 1923).
Alphabet of Legal Relations, (American Bar Asstn Journal,
1923).
The Referendary System, (Journal Am. Jud. Soc., 1923, and
Docket, 1924).
A Gap in Law School Training, (American Law School Rev., 1924).
A Definition of Jural Relations, (Hogaku Kyokwai Zasshi, Tokyo,
1924).
Sanctions and Remedies, (Penn. Law Rev., 1924).
Acts, (Penn. Law rev., 1925).
Personalita, (Rivista di Filosofia di diritto, 1925).
John H* Wigmore, (biography), (Green Bag, 1912).
Wathan William MacGhesney, (biography), (Crossley's Courts and
Lawyers of Illinois, 1914).
MILLAR, ROBERT WYWESS.
B°°ks and Monographs Written:
Common Law Pleading, (Library of American Law and Practice,
Chicago, 1912).
The Formative Principles of Civil Procedure, (Chicago, Worth-
western University Press, 1923).
Books Translated and Bitted;
(Translated)
Criminology, by Raffaele Carofalo, (Boston, Little Brown & Co..,
1912).
History of Continental Criminal Law, by Von Bar and others,
(Boston, Little Brown & Co.,1916; pp. 262 - 290 only).
(Translated and Edited) ~
History of Continental Civil Procedure, by Arthur Engelmann
and others, from the German, French, Italian and Swedish,
(Boston, Little Brown & Co., 1926)
Criminology, by Raffaele Carofalo, (Boston, Little, Brown &
Co., 1914).
History of Continental Civil Procedure, by Engelmann and others.,
(in six languages, Boston, Little, Brown & Co., 1926).
-123-
Part B: The Faculty: Sec. 45.
Articles! Essays, lectures, etc.
The Reform of Criminal pleading in Illinois, (Journal of Crim¬
inal law & Criminology, Vol. 8, p. 337).
The Four Year Course, (Proceedings of the Association of
American Law Schools, 1919, p. 116).
The Modernization of Criminal Procedure, (Journal of Criminal
Law & Criminology, Vol. 11, p. 344).
The Function of Criminal Pleading, (Journal of Criminal Law
and Criminology, Vol. 12, p. 500).
The Recent Reforms in German Civil Procedure, (American Bar
Association Journal, Vol. 10, p. 703).
Some Comparative Aspects of Civil Pleading under the Anglo-
American and Continental Systems, American Bar Association
Journal, 1926.
WATSON, CHARLES H.
Articles, Essays, Lectures, etc.
Mod violence in lynching of Aliens, The Need of Federal
Legislation against (Yale Law Journal vol. XXV, p. 561,
1916; reprinteci in Chicago Legal News) .
America's Responsibility in the League of Nations
(N.W.U. Bulletin, vol. XIX, No.36, April 12, 1919).
WIGMORE, JOHN HENRY.
Books and Monographs Written:
Digest of Decisions of Massachusetts Railroad Commissioners,
(Boston, 1888, State Printer).
History of the Australian Ballot System, (Boston, 1888, Soule,
2d. ed. 1889).
Treatise on the System of Evidence in Trials at Common Law,
4 vols., (1904, Boston, Little, Brown & Co., 2d ed., 5 vols.,
1923).
A Preliminary Bibliography of Criminal Law and Criminology,
(1909, Chicago Northwestern University Press).
Pocket Code of the Rules of Evidence in Trials at Law, (1915,
Boston, Little, Brown & Co).
Principles of Judicial Proof, as given by Logic, Psychology,
and General Experience, and illustrated in Judicial Trials,
(1913, Boston, Little, Brown & Co.).
Problems of the Law, Past, Present, and Future (1917, New
York, Scribner's).
Manna! for Courts Mabtial, chapter on Evidence (1917, Govern¬
ment Printing Office, 1921 ed., 1925 ed.).
Books Edited or Compiled:
Land Tenure and Local Institutions in Old Japan, posthumous
Papers of Dr. E. B. Simmons, (1890, Tokyo, Asiatic Society
of Japan).
Materials for the Study of Private Law in Old Japan, 5 vols.
(1891-1892, Tokyo, Asiatic Society).
Greenleaf on Evidence, vol. I, 16th ed. (1899, Boston, Little
Brown & Co.).
-124-
Part B: The Faculty: See# 45.
Books Edited or Compiled:
Examinations in Law (1899, Chicago, Callâghans Co.),
Select Cases on the lav; of Evidence, (1906, Boston, Little,
Brown & Co.), Ed cd.
Select Cases on the Law of Torts, E vols., (1911, Boston,
Little Brown & Co.).
Select Essays in Anglo-American Legal History, 3 vols, (ed¬
itor- in- chief, 1907-1909, Boston, Little Brown & Co.).
Modern Criminal Science Series, 9 vols., (editor- in- chief,
1910- 1917, Boston, Little Brown & Co.).
Modern Legal Philosophy Series, 13 Vols, (editor-in-chief,
1910-19S5, Boston Book Co., Macmillan Co.).
Continental Legal History Series, 11 vols, (editor-in-chief,
1909-19E5, Boston, Little Brown & Co.).
Evolution of Law Series, 3 vols, (with Albert Kocourek, 1916-
1918, Boston, Little Brown & Co.).
Science and Learning in France (1917, Chicago, Lakeside press).
Second Report of the Provost Marshal General to the Secretary
of War (Washington, 1919).
Articles, Essays, Addresses, etc.:
The Boycott and Kindred Practices as Ground for Damages,
(American Law Review, 1887, XXI, 509).
Interference with Social Relations (American Law Review, 1887,
XXI, 764).
Circumstantial Evidence in Poisoning Cases (Medico-Loge,l
Journal, 1888, VI, S9S, prize essay).
Louisiana, the Story of its Jurisprudence (American Law Review,
1888, XXII, 890).
Ballot Reform: its constitutionality (Aimerican Law Review,
1889, XXIII, 719).
Japan Daily Mail, 1890-189E (numerous articles on Japanese
Topics) .
The Hation, 1891-1893 (several articles on Japanese
government, etc.).
Starting a Parliament in Japan (Scribner's Mag., 1891, p. 33)t
Parliamentary Days in Japan (Scribner's Mag., 1891, p. S43).
The Legal System of Old Japan (Green Bag, 1893, p. 403, 438).
Note on the Eirakusen (Asiatic Society of Japan, 1891).
The Administration of Justice in Japon (paper at the World's
Congress, Chicago, 18S3).
Land Tenure: Topics for Inauiry (Asiatic Society of Japan,
1891).
Japanese Causes Célébrés (Green Bag, 1893, p. 563, 1894,
p. 359, S89) .
Hew Codes and Old Customs (pam., Tokyo, 189S).
A Summary of Quasi-Contracts (American Law Review, 1891,
XXV, 695).
Legal Education in Modern Japan (Green Bag, 189S, p. 403,
1893, pp. 17, 78).
Scientific Books in Evidence (American Law Review, 189E, XXVI,
390) .
The Borden Case (American Law Rev., 1893, XXVII, 819).
Responsibility for Tortions Acts: Its History (three articles;
Harvard Law Rev., 1894, VII, 315, 383, 441).
-125
Part B: The Faculty: Sec. 45.
Articles, Essays, Addresses, etc.:
American Naturalization and the Japanese (American Law Rev.,
1894, XXVIII, 818).
The Tripartite Division of Torts (Harvard Law Rev., 1894,
VIII, 20).
A General Analysis of Tort Relations (Harvard Law Rev., 1895r
VIII, 377).
International Law: Syllabus of Topics with References (Chicago,
1896).
The Durrant Case (American Law Rev. 1896, XXX, 29).
Proof "by Comparison of Handwriting (American Law Rev., 1896,
XXX, 481).
The Pledge Idea: a Study on Comparative Legal Ideas (three
articles, Harvard Law Rev., 1897, X, 321, 389, XI, 18).
The Luetgert Case (American Law Rev., 1897, XXXII, 187).
Proof of Character: its History (American Law Rev., 1898,
XXXII, 713).
Confessions: a Brief History and a Criticism (American Law
Rev., 1898, XXXIII, 376).
A View of the Parol Evidence Rule (three articles, American
Law Register, N. S., 1899, XXXVIII, 337, 442, 683).
A List of Legal Hovels (The Brief, 1900, II, 124, reprinted in
several other periodicals).
Sequestration of Witnesses (Harvard Law Rev.., 1901, XIV, 475).
Required Numbers of Witnesses: a Brief History of the
Numerical System in England (Harvard Law Rev., 1901, XV, 83).
Problems of Today for the History of the Common Law (Inter¬
national Congress of Arts and Science, St. Louis, 1904,
vol. VII, N. W. U. Bulletin of School of Law, Series III,
No. III).
Expert Opinion as to Insurance Risk (Columbia Law Rev., 1902,
II, 67).
The Privilege Against Self-Crimination: its History (Harvard
Law Rev., 1902, XV, 610).
A Statistical Comparison of College and High School Education
as a Preparation for Legal Scholarship (with F. B. Crossley,
Ass'n of American Law Schools, 1909).
The Terminology of Legal Science (Harvard Law Rev, 1914,
XXVIII, 1,).
Problems of Contemporary Legislation, List of Reverences (3d
ed. 1914, Northwestern University Bulletin Vol. XV, No.5).
The Qualities of Current Judicial Decisions (pamphlet, 1915).
Carter's Legal Ethics, Introduction (Chicago, 1915).
Justice Holmes and the Law of Torts (Harvard Law Rev., 1915,
XXIX, 601).
Amendments to Constitution and Bylaws, Minority Report (March,
1916, American Bar Ass'n).
The Right Against False Attribution of Belief or Utterance
{Kentucky Law J., 1916, IV, 3).
Presidential Address (Bull, of the American Association of
University Professors, 1916, II, 9).
Problems of the Law's Evolution (Virginia Law Rev., 1917, IV,
247,)
.-126.*-
Part B: The Faculty: Sec. 45.
Articles, Essays, Addresses, etc.:
Problems of the LawTs Mechanism in America (Virginia Law Rev*,
1917, IV, 337),
Japan and America (Chicago, The Japanese Student, Dec. 1917).
Problems of World Législation and America*s Share Therein
(Virginia Law Rev., 1917, IV, 423).
Military Justice During the War (Washington, Government printT
ing Office, 1919).
Nova Methodus Discendae Docendaeque Jurisprudent!au (Harvard
Law Rev., Centennial Celebration lumber, 1917, XXX, 812).
Modern Penal Methods in our Army (Journal of Criminal Law and
Criminology, 1918, IX, 163).
Some Lessons for Civil Justice to be learned from Federal Mil^r
itary Justice (Maryland Bar Association, 1919, Journal of
Criminal Law and Criminology, Sept. 1919, Vol. X, 1o. 2).
Interstate Compacts; Report of Committee (National Conference
of Commissioners on Uniform State Laws, 31st Annual Meeting,
1921).
Literature of Legal History in the United States, 1920-22
(Leiden, Reone d'histoire du droit, vol. IV, No. 3, 1923).
The League of Nations from a Lawyer's point of View (Inter¬
national Journal of Ethics, vol. 34, No. 2, Jan. 1924).
(VI.) THE SUMMER TERM FACULTY
Sec, 46. (1). Reasons for its existence. - The Summer Term
was instituted in 1919. It originated in the necessity for speeding
the completion of the legal education of the returning war-veterans
who had broken off their studies in 1917. But it was retained as a
necessity on other grounds.
In the opinion of the Dean of the School, the spread of the
Summer Term in American universities has been an unhealthy and lam¬
entable feature of scholastic life, as it affects the Faculties;
firsts because it has kept hundreds of scholars at teaching who ought
to have been free in Summer to continue original research uninter¬
rupted, and has thus injured seriously American qpholarship; secondly,
-127-
Part B: The Faculty: Sec. 46
"because it fes offered an easy way for university authorities to eke
out inadequate salaries "by extra labor without expense to the univer¬
sities, when the universities should have raised the salaries without
the extra labor.
On the other hand, the Summer Term has been a good feature for
the student. The pursuit of an education for eleven months, with only
one month vacation, is not a hardship to a young man; other occupations
offer only two weeks' vacation. The ambitious man who does not have to
earn money in Summer may best continue his studies, instead of seeking
pleasure. He thus advances the moment when he can become an active
economic "unit.
In the case of this School, the reasons for making permanent
the Summer Term are as follows: (1) The general wisdom of keeping
the student occupied, as above noted; (E) the pressure on all pro¬
fessional aspirants to shorten the time of their entrance into the
profession, now that a college education is required to precede the
professional school; (3) the specific need in this School of compress-
in® the four-year law course into three calendar-years, if possible;
for by using the three Summer Terms, a candidate may now graduate in
exactly three calendar years from the time of beginning his law course.
These reasons being compellant, it remained only to mitigate the
attendant disadvantages to the interests of faculty scholarship; and
this was done by the method of composing the faculty as described
below.
2, Methods of Composing the Faculty. The recipe for composing
the Summer Faculty, since 1920, has been as follows:
(a) About one-third of the curriculum, justices of Supreme Courts;
*•128*»
Part Bi The Facility: See# 46.
(bj About one-third of the curriculum, non-resident regular
members;
(c) One course, a professor from another law school;
(d) Remainder, resident members.
(a) Justices of Supreme Courts. The reasons for resorting to thfs
element were: (1) The relief of the staff of resident members from
the burden of continuing instruction throughout the year; (2) the
respect which in the students* minds attaches to any supreme justice;
(3) the education of the judges to the practical value of a modern law
school; (4) the cultivation of friendly relations between the teaching
and the judicial branches of the profession; (5) the advantage of having
fresh minds treat the subjects of the curriculum.
All these reasons could be enlarged upon, if space permitted,
e.g., under (1) the result has been that (apart from the Secretary of
the School) only one resident member has regularly taught during these
seven years (and with only one course), and only three others have
taught (two once, and one twice, but with only one course each). Thus,
the needs of research have been saved from substantial injury. Under
(4), the result has been to bring here justices from twenty different
Supreme Courts, in the Southeast, South, Southwest, northwest, and
Pacific Coast. No State has been twice represented, nor will be, if
possible, until an even larger area has been reached. The readiness
of the justices to accept such a call, and the respect shown for the
invitation, has been gratifying. - Under (6), it should be mentioned
that the apprehension of possible pedagogic inadequacy has proved un¬
founded. Perhaps one-fourth of the incumbents had already had law-
teaching experience. But in all instances whatsoever the zest with
-129-
Part B: The Faculty: Sec. 4b.
which they undertook and the serio\is thoroughness of their prepara¬
tion, have more than made up for any lack of teaching experience.
The resident members might even be Jealous of the pedagogic suc¬
cesses recorded for some of the Justices. In every instance they
have readily accepted the use of the case-system; and have treated
the task almost as an education of themselves. On many of the
Supreme Benches of today there is noticeable an ignorance of the
trends and methods of modern legal education; and yet the kind of
Justices that have been invited here have shown an earnest desire
to become acquainted with a type of institution of which they have
so often noticed the product among the younger generation at the
Bar. It should be added, the selection of invitees has been based,
first, on the resident faculty's acquaintance with the personnel in
the different States, and secondly, on reports from Alumni in the
different States; and that the preference has been given, where
feasible, to those who possess college and lav; degrees and have had
a teaching experience.
In brief, the experiment of 1919 and 1920 has now proved to
have a satisfactory permanent basis,in the opinion of this Faculty.
(b) Non-resident Members. - These have numbered usually four
or five, each giving one course; sometimes a course not given in
the regular semester.
(c) Visiting professorThere has been no rule for the selec¬
tion of the visiting professor from another school;but now that the
alumni of this School, who have been called to teaching positions
elsewhere,number more than a dozen,it is the understanding that in
future the preference will be given to them, where otherwise
feasible.
(d) Resident members. - As stated above (par a) these have
taken Summer instruction in only a few instances. It is understood
-130-
Part B: The Faculty: Sec. 46
that each one is at liberty to do so; but no one is urged. In the
instances of doing it, the courses given have usually been those which
are distinctive of this School and not obtainable elsewhere.
^ Statistics. The figures of student attendance at the
Summer Term will be found in Part D, Students.
VII. Pedagogic Analysis of Personnel
Table Bl: numbers of Faculty, by Status (*)
Year
R
NR1
NR2
NR3
Total
1902
4
6
10
0
20
1909
5
8
§
0
21
1915
6
6
7
16
35
1921
6
7
6
20
39
1924
6
6
6
24
42
Sec.
47.
(1) Number
of Faculty
members. Table
Bl shows
the number of Faculty members at various periods since 1901; in that
year the complete reorganization took place. The number of resident
members above shown includes one member whose duties, as librarian
and Secretary, have been entirely administrative, until 1920-22 v/hen
two short courses of instruction were added to his share.
The relative amount of instruction, in semester hours, between
the several groups, is shown in Tables C, and will be there commented ona
( *) In these tables, R - resident member;
NR1 - non-resident voting member;
NR2 - non-resident non-voting member;
NR3 - Illinois Law lecturers,
«131-
Part Bj The Faculty* Sec. 47
The numerical relation between all groups has remained fairly
stationary since 1904, except that the group NR3, covering Illinois
Law Lecturers having only 4 hours each (1/4 of a semester hour),
has increased, due to the development of the Illinois Law courses,
which now regularly call for 24 lecturers, each treating a specialty
"briefly; and that the Group ISTR2 has decreased "both relatively and
absolutely.
Table B2. Burden of Instruction for Faculty Members
Status
R
Ml
M2
M3
Courses
Hours
Courses
Hours
Courses Hours
Courses
Hours
Individual
Burden
5-8
14
1-3
2-9
1 3
1/4
l/4
Sec. 48. (2) Burden of Instruction. The individual burden of
instruction has not varied appreciably in the last 25 years for R
members.
For the resident members (except the one above mentioned) it has
stood at 14 semester hours from the beginning, and this figure has
been stated explicitly to each new appointee from time to time until
it now enters into the terms of the professional contract, as part
of the fixed custom.—The only variations have been as follows: (a)
A member having the duties of dean or of editor-in-chief of the Illinois
Law Review has been allowed therefore the equivalent of 2 semester
hours; but none of the incumbents have taken advantage of this, after
the first year or two. (b) Several of the resident members have
from time to time added a course or two, by consent, over and above
-132-
Part .B; The Faculty: Sec. 48
the 14 hours. In other Law Schools, the amount is approximately tho
same, at least in the older schools; it ranges between 12 and 16 houxs.
But in those Schools which divide a large class into sections and re*?
peat the course to the 2d section, a special allowance is made.
The ITcn-resident voting members (UR1) have 1-3 courses each.
The Lon-resident non-voting members (ITR2) have only 1 course each»
The ÏTR3 group have only l/4 course each.
Tabla B3 Length of Service of Faculty Members (1902-1924)
Group
R
Mil
—
1ÏR2
ÏÏR3
1 yr.
1
2 yrs.
1
3 yrs.
2
2
5 yrs il
1
1
6 yrs.
1
1
8 yrs.
2 to 10 yrs.
2 to 10 yrs.
9 yrs.
3
10 yrs.
2
1
13 yrs.
1
1
14 yrs^
1
16 yrs.
1
20 yrs.
2
23 yrs;
1
24 yrs.
2
2
/
-133.
Part B: The Faculty: Sec. 49.
Sec. 49. (3) Length of Service. Tahle B3 shows the respect¬
ive lengths of service of the several groups in this School, it appear^
that of the 12 resident professors in 24 years,:gix have served 10 yeans
or more, while of the present incumbents, 2 have served 24 years each
to date (1 numbers 32 years) and 2 have served 10 years each to date.
This is believed to be the highest average showing in any American Law
school; and continuity of service is what builds up institutional
traditions, cultivates team-work, and cumulates experience. The av¬
erage today represented is 13 years per resident member.
The non-resident voting members represent an even greated cumu¬
lation of service. 5 of the 15 have served for 20 years or more. The
total for the nine incumbents in 1923 was 141 yrs; and 5 of these had
already had 37 years more as non-voting members.
Table B4. Prior Experience of
faculty Members (1902-1924)
Group
R
NR1
NR2
NR3
Years
2 to 30
3 to 20
5 to 20
2 to 4
Sec. 50. (4) Prior Experience. As to prior experience,
» — *——— ————
exaet data are not readily obtainable for all members, and the above
figures for NR2 and NR3 are partly estimates.
For resident members, the prior experience at the time of ap¬
pointment has ranged from 2 to 30 years; there is no average. The
prior experience has invariable included teaching experience in law
schools; the individual instances above, so far as ascertainable,
figured: 3,2,5,5,10,4,8,8,2,20, 4 years, respectively; in all
-134-
Part B: The Faculty• Sec. 50
instances of the 12, except 1, there was some active practice at the
har; in 1 instance 1 year, in 2 instances 2 years only; in 2 instances.
12 or 15 years; in the remainder, several years.
For non-reaident voting members, the prior experience has ranged
from 3 to 20 years; in only 1 instance has this included teaching
experience elsewhere; but in 5 instances there was considerable prior
teaohing in this School before being appointed a voting member.
For non-resident non-voting members, the facts have not been
sought as to prior teaching experience; the above figures are an
estimate.
For HR3 (Illinois Lew lecturers) the appointees are invariably
recent graduates of 2 to 4 years at the Bar; but perhaps one half of
them serve continously for some 10 years, and a few have served, even
longer.
Table B5. Prior legal Education of Faculty (1902-1924)
Group
H
Eïq.
KR2
5R3
HW.
2
10
ali
law Harv.
6
3
School Corn.
1
Scat¬
Mich.
1
1
tering
Col.
1
Wis.
1
Ia.
1
Total
12
15
about 30
about 40
-135-
Part B
The Faculty: Sec. 51
Sec-» 51» (5) Prior Legal Education. . (a) For resident
members (1902-1924), just one half were educated at the Harvard Lav;
School. For the present incumbents, the figures are; northwestern
Harvard 2, Wisconsin 1, Michigan.i;
For non-resident voting members, 10 of the 15 were educated at
northwestern, 2 at Harvard.
j
For non-resident non-voting members, no data have been sought.
For HRS (Illinois law lecturers) all (except 1 not now on the
staff) were northwestern graduates. The policy was to obtain loyal
service without offering money pay; this could be obtained only from
northwestern graduates. Moreover, other aims were to consolidate
the interest of a nucleus of able alumni constantly on the work of
the School, to obtain friendly advice and criticism from practitioners,
and to plant at the local bar a body of men who not only knew the
School,s traditions, but could speak of the School from personal know¬
ledge of its current methods as time went on.
(bj As to prior college education, 4 of the 12 residents had no
degree, but all had pursued some part of a course. In each such
instance, the broad legal scholarship of the incumbent and his special
aptness for the need, has been the basis of the selection, and the
lack of a degree became a technicality only.
VIII. Mode of Selection of the Faculty Membership
Secj 52j (1) Relation between the University Authoritiesg
-136-
Part B: The Faculty; Sec. 52
(&.I Board of Trustees. Under the system organized "by President
Rogers in 1891, a separate Committee of the Board of Trustees was
designated for each professional school. Nominations for appointment
to the Faculty were supposed to he referred to this Committcg;and in
general the Law School Committee (composed of lawyers only) dealt ?/ith
all law school matters coming before the Board, and their recommenda¬
tion were genorally adopted without question.
Since about 1920, there is no special committee for ccch school.
Instead, the Education Committee of the Executive Committee is the
Committee of reforenco for all matters of education, including appoint¬
ments, coming from any School. By this organization groatcr harmony
and consistency of policy is attained; on the other hand, it loses in
the special knowledge and concentrated interest which the former law
School Committee contributed.
fb) The President. By the statutes of the University, the
President nominates members of the faculty and the Board approves;
the Faculty itself is given no statutory share in the selection.
Under President Rogers the Faculty was occasionally not consulted
by the President; he was himself the acting Bean. But under President
-James, and ever since, the President made nominations only of persons
recommended to him by the Bean after consultation with the Faculty of
Law. This is as it should bo; in a professional faculty, especially
a small one, no non-professicnal person can estimate accurately all
the factors of personality that effect the selection.
(c_) The Faculty and Bean. Since 1902, a well-defined custom
had been established, viz. that no new member should be recommended to
the President without consultation of the Faculty by the Bean, and
-137-
Part B: The Faculty Sec. 52
that no new resident member should be recommended without the unanimoijr
approval of the resident members. The reason for the first of these
rules was that every self-respecting body of scholars in a University
is collectively the best judge of the attainments and aptitudes of
persons needed to carry on the work of that faculty, or department ;
this is the good old tradition of the English Universities. The
reason for the second rule was that, in a small group of resident
members^ ability to work congenially as a team is vital, and the
new member must be looked upon as entering a fraternity where harmony
and mutual confidence are indispensable. Accordingly the custom has
been to canvass informally the record of all names proposed by any onc^,
to ballot secretly for rejection, and finally to reach a remaining
name acceptable to all. Without a spirit of mutual trust and con¬
cession, this method might become merely obstructive. But it has
worked to entire satisfaction.
Seci 52. (2) Scope of Selection, (a) Alumni. In 1906,
it became the hope of the Dean to provide for future membership through
the d evelopment of alumni talent among the lecturers in the Illinois
Law Courses (Parte, Curriculum, of this Report). A professional
faculty should be made up of alumni, so far as feasible; it is of course
feasible only in a metropolitan law school permitting the organization
of a staff like the Illinois Law Lecturers, who have all been alumni of
this School. One reason for preferring alumni is that they are ac¬
quainted with the traditions of the School, and fit in promptly. A
second reason is that they possess a loyalty to the institution, which
ensures respect and enthusiasm for its carrerr
-138-
Part Bi The Faculty: See. 53
ensures respect and enthusiasm for its career and helps to build up
student morals. A third reason is that they are willing and proud
to contribute their services without a commercial estimate of the
sacrifices made. The supposed objection of inbreeding is baseless;
first, because in fact there are always alumni of other Schools in a
faculty; ahd secondly, because by visits to other schools and by dis¬
cussion at the meetings of the Association of American law Schools
the professors can always avoid the possible narrowness of one line of
ideas.
But the service of the Illinois Law Lecturers as feeders of a
future resident faculty has proved thus far virtually futile; in 15
years, only one of the 8 resident appointments has been made from the
Illinois Law staff. The reasons for this disappointment proved to be
two. In the first place, the genuinely accomplished legal scholar —
a scholar by instinct -- is rare; and out of 50 Illinois Law lecturers
the ratio of such scholars might naturally be small. In the second
place, a vacancy in the resident membership will occur,but rarely, and
by that time the young lawyers (non-resident teachers) who have devel¬
oped potential talent in scholarship and teaching have become estab¬
lished at the bar with incomes (even at their age) beyond that of a
senior professor; so that it is then usually hopeless to induce them to
abandon practice and become university professors. The income-figures
given in Part E (Alumni) of this Report demonstrate this.
Nevertheless, taking the Faculty as a whole (non-residents in¬
cluded) a majority are alumni of this School. Without their devoted
service as loyal alumni the School would never have become what it is.
-139-
Part B: The Faculty Sec. 53
(b) In qualifications, the selection has aimed to use the follow¬
ing elements as the hasis of the recipe for resident members;
(1) A gentleman, capable of congenial, intimate, and lo^yal
association as a team-worker;
(2) A scholar, who has demonstrated that he can hold his own
with any one in his fields;
(3) A teacher, in so far as he accepts modern viewsof method and
possesses some aptitude for guiding and inspiring young
aspirants to the profession;
(4) A specialist, who can in at least one important field help to
keep this faculty on a level with any in the country.
Naturally, this recipe is not easy to fulfil to the maximum, in
the present conditions of the legal profession, when the pecuniary re¬
wards of active practice *ean away the most promising men at an early
age and put the university law school at a disadvantage when the time
comes to select a mature scholar. But in this School, thus far, the
t
requirements have, by good luck, beerç amply met.
(c_) Ranks of instructors. The University statutes provide for
several ranks of faculty-members below that of professor. But owing
to the small number of the resident faculty, and other professional
circumstances, it has never been found either necessary or feasible to
recognize, among the resident members, the rank of associate or
assistant professor or instructor.
-140-
Pa art B: The Faculty Sec. 54
Sec. 54. (S) Term of appointment. Under President Jaines,
an attempt was made to classify and standardize the contract of
appointment; "but owing to inherent obstacles, no fixed rule vwas adop¬
ted. 'Custom, however, has now grown up as follows:
(a) Resident members are appointed by the Board of Trustees
"for an indefinite period", as professors of law.
(b) Uon-resident non-voting members are appointed by the
Board for one year; a formal notice of re-appointment
(if made) is sent each year, for acceptance.
(c_) Uon-resident voting members are selected by the voting
Faculty from non-resident non-voting members who have been
a considerable time on the staff; the general criterion
being whether the nominee carries enough instruction to
make his opinion valuable in relation to curriculum,
students, and general policies,' . Such names are recommended
to the President; and the appointment when made is "for
an indefinite period", not subject to yearly renewal. The
total number of non-resident voting members has stood for
20 years past at from'six to eight (supra, Part VIlJ.
-141-
northwestern University Law School Educational Survey 1925
Part G ; The Curriculum
This Part covers nine main topics;
Sec,
55-60
I.
number
of
Years
Sec,
61-62
II.
Instruction-hours; by Quantity
Sec,
63-66
III.
Same;
"by
Status of Instructor
Sec,
67-70
IT.
Same ;
by
Prescribed Courses
Sec •
$1-73
V.
Same :
by
Length of Courses
Sec,
74-77
VI.
Same t
by
Cost
Sec,
78-81
VII.
Same :
by
Comparison with Other Schools
Sec,
82-85
VIII.
Same :
by
Pedagogic Purpose
Sec,
86
IX,
Same ;
by
Source-Materials Used
-142-
55
56
57
58
59
60
61
6E
63
64
65
66
67
Part C: The Curriculum
Contents
mmm
I* Humher of years
{!•) Histoiy
(2^) Weekly hours
(3s) Unit measure of credits
(4*) The Four-year law Currioulum
(a) History
(^b) Reasons for adoption
{o) Causes for the Association's
failure to adopt
II# Quantitative Analysis of Instruction-hours
(1.) Total Curriculum, in Semester-hours (Table Ql)
(2.) Biennial Alternation of Courses
III# Analysis by Status of Instructor (Table C2)
(1#) Resident and Hon-Resident Members
(2*,) non-resident voting-members
(3») Hon-resident non-voting members
(4i) Other members
(5i) Ratio of non-residents to residents
(6•) Reasons for preserving the non-resident
element#
IVi Analysis by Prescribed and Elective Courses (Table C3)
(1#) Kinds of Prescribed Subjects
(22) P2 courses
-143-
68
69
70
71
7E
73
74
75
76
77
78
79
80
81
82
83
84
85
86
Part C: The Curriculum
(3.) PI courses
(4.) P3 courses
(5.) Total P courses
V. Analysis fry Length of Courses (Table C4)
(1.) Length of courses
(2*) Number of 1 hour - 6 hour courses
(3.) Reasons for the Predominance of Shorter courses
VI; Analysis by Cost (Table C5)
(1.) Cost, in general
(2.) Ratio of Instruction-cost to semester hours
(3.) Ratio of Instruction-cost to 4-year course
(4.) Ratio of Instruction-cost to Professional
subjects
VII.Comparison with Other-Schools (Table C6)
(1.) Total Instruction hours
(2.) Biennial Courses
(3.) Prescribed Subjects
(4.) Length of courses
VIII.Courses classified as to Purpose
(1.) General Theory
(2.) The Three Groups: Occupational, Technical;
Occupational, Pragmatic;
and Professional (Table C7)
(3.) Curriculum of Other Schools, compared
(Table C8)
(4.) Comparison as to Modern Subjects in general
(Tables C9, Clo)
IX. Courses classified as to Source-Materials (Table Cll)
(li) Cases, Textbooks, Statutes, etc.
-144-
Part C:
The Curriculum Sec. 55
1. Number of Years
(A) Law curriculum is first conditioned "by the number of years
required hy custom or law for preparation for the Bar.
Sec. 55 (1) History. Up to 1890, the highest number of years
anywhere required in American law schools was two years, except in a
few Eastern Schools; in the South and West, there was usually no re¬
quirement by years for admission to the Bar. There were several one-
year schools. In Illinois at the time of the reorganization of
Northwestern in the early 90ts, under Dr. Rogers, the period of law-
study necessary for a degree at this Law School (as well as for the
Bar) was two years; and this had been the School program since the
founding of the School in 1859, nevertheless, it was then customary
to make an allowance of one year for prior apprentice-work in a law
office; so that many students graduated after one yearTs resident
study in the School. This allowance of time-credit for prior law office
study or attendance was virtually univeral west of the Harvard Law
School, and professional opinion demanded it. In this Law School, it
did not disappear until 1904, and was even then regarded by many young
men as an unjust innovation.
The rules of the Illinois Supreme Court for admission to the Bar
required only two years of law-study up to 1897-8; in that winter they
were, without notice, inc reased retroactively to require three years.
Meanwhile, this School had just increased its own requirement (June,
1897) to three years of study. About 1900, the Association of American
Law Schools was founded, at Saratoga, at the annual meeting of the
American Bar Association, and its constitution provided that only
-145-
Fart G: The Curriculum Sec. 55
Schools requiring threo years of study could be admitted, Schools
requiring less than that period were admitted conditionally on in¬
creasing their requirements within the next five years; this enabled a
number of faculties to apply to their trustees and secure the increase
of the requirements on the ground that the Schools could not other¬
wise stay in the Association. The three year school curriculum then
spread ra.pidly, until by 19E0 some fifty Schools, instead of the
original 20 or 25, had raised their requirements so as to qualify for
the Association, and many outsido Schools, not otherwise qua.lified,
had also gone up to the three-year requirements.
Sec. 56. (2) Weekly Hours. The customary number of weekly
hours in this School had always been fifteen, under the old two-year
system. But under the three-year system, more rigid standards of work
were adopted; and following the Harvard Law School example, the weekly
hours were reduced to ten. Thus, the total number of semester units
required for a degree was 60, alike under the old 2-year curriculum
and under the new 3-year curriculum in the late 90 Ts,
Under the old 2-year system, the year was divided into 3 terms;
but with 1897, under the 3-year system, this was ch°ngcd to the two-
term or semester plan. Everywhere, except in two or three Schools,
which are on the quarter system, the semester plan is still in vogue
elsewhere.
At this point it is proper to sketch further the history of two
features, vis, the unit measure for credit towards a degree, and the
four-year law course.
-146-
Part G: The Curriculum Sec. 57
Soc, 57 (3) The Unit Measure of Credits., This Schools adopted
the credit unit measure of attainments in 1896. In the early 90's ;
after the reorganisation of the School under President Rogers, the
subject-unit of attainments, practically universal at that time, was
still retained. All courses were prescribed and necessary for a Degree.
Since that time there has been a gradual change in all Schools to the
oredit-unit system now almost universal in colleges of liberal arts,
but without any acceptance of the major and minor system, equally
universal in colleges of liberal arts.
The departure from the old system of subject-units was due to the
perception that very few specific subjects could be positively regard¬
ed as essential to a lawyer's qualifications, and also to the difficul¬
ty of drawing a line between degrees of necessity; but most of all to
the principle, broadcasted from the Harvard Law School,that mental
discipline, "the legal mind", was the principal objective of technical
legal training. Some Schools still retain the old system as a basis,
with some allowance for an elective system. In this School, during
the 90's, when the young men, installed by President Rogers, were
able to have their way, there was a complete abandonment of the old
system; the entire curriculum was made elective, and the attainments
for a degree wore measured by the credit-unit system. During the last
25 years, there has been a partial reversion to the principle of
prescribed subjects, measured, however, in credit-units; this feature
is further explained in Table C3.
At the Harvard Law School, the system of subject -units is still
partly preserved, in harmony with that system cas still surviving in
Harvard College; i.e.-attainments are measured by course units, and
promotion is determined by failure in one or more courses in each year
-147-
Part G: The Curriculum Sec, 57
The credit unit system, in the opinion of the Dean of this Law
School, has now been carried to such an extreme that it is an ob¬
session upon the student's intellectual attitude toward education.
He looks upon it as a mechanical process. He tends to value a course,
not for its intrinsic contribution to his professional welfare.
but as a fitting arithmetical factor towards his possession of the
diploma. He makes out his trial balance every year with the same
arithmetical interest as the bookkeeper of an industry, and scarcely
otherwise. He avoids, if possible, courses having a!large unit value,
because he has too much at stake, in case of failure. He refuses to
attend any intellectual or professional opportunity which does not
have attaohed to it one or more units of credit for mental operations
i.n attending that course. So rooted is this attitude that it affects
the curriculum arrangements inevitably.
The credit unit system cannot yet be substantially changed, much
less abandoned, partly because of the habituation of the college grad¬
uate to that system before he arrives at the professional school, and
also partly because no rival and bettefc system has presented itself
as feasible. In the Continental Universities and in England the
system of examinations on broad subjects looks to be a better one; at
Harvard University and other institutions, in the colleges of liberal
arts, experiments have recently been made 'with so-called general
examinations, which aim to free the curriculum from the incubus of the
credit-unit idea. But it may be supposed that the Continental system
has its own excesses in the shape of tutorial cramming and other
features; and the time has not yet arrived in our professional schools
for any solution of the dilemma. In this School, some 12 years ago,
-148-
Part C: The Curriculum Sec. 57
the system of a general examination was installed, experimentally as a
prerequisite for the Degree of J. D. (at a period when the. J.». was
not the first degree, hut was an optional substitute for the II.B.
for college graduates); only one candidate, however, presented himself}
and after two or three years the plan was removed from the curriculum.
;
Meanwhile, a partial alleviation has been found in the system of
prescribed courses, marked "PI" and "P3", as explained later in~Table
C3. This expedient does not discard the credit-unit method, but does
emphasize the intellectual importance of certain fields by prescribing
a number of units of accomplishment in those fields.
Sec, 58 (4) The Four-year law Curriculum. The four-year law
curriculum has been the subject of proposal and discussion for the
last ten years in the Continental Universities, in the legal Education
Section of the American Bar Association, and in the Association of
American law Schools, This School is the first one in the United
States of America, excluding the Philippine Islands, to install it
for the first law degree. Something should be said here (a) of the
history; (^) of the reasons in favor of it; and (c_) of the reasons that
/'
have hitherto prevented its wider acceptance.
(a) The history of it in brief in the United States is as
/
follows: In 1916, at the meeting of the legal Education Section of
/
the American Bar Association, it was voted to recommend that four years'
study of l^w be required by Bar examiners for admission to the Bar, the
fourth year to be pursued either in a law office or in a lav/ School;
this was adjoint meeting of Bar Examiners and legal Educators, at
/
-149-
Part C:
The Curriculum Sec. 58
which some 40 professors of Law were present. At the meeting of the
Faculty of Law of this School in October 1916, it was voted to in¬
stall the 4-year course; this vote ensued after a series of meetings
and discussion by the resident professors during the summer of 1916,
and its terms were as now printed in the Law School Bulletin. Then,
in the winter meeting, 1918-19, of the Executive Committee of the
Association of American Law Schools consisting of six members, repre-
(*)
senting various schools, it was unanimously voted to recommend to
all Association Schools the installation of the four-yoar roquircd
course. Meanwhile, in 1916, the Faculty of this Law School had voted
to install a four-year course, beginning in 1918; tho War caused
tho postponement of this beginning date to September 1919 for enter¬
ing students. Then in the winter meeting, 1920-21, of the Association
of AmGrican Law Schools, the recommendation of the Executive Committee
was presented, but failed of adoption, 34 to 40, by the delegates of
the Schools present. In the meantime, in this School, the requirement
had gono into offcct, and by 1923 it was in complete effoct both as
to curriculum and as to students, except that persons who had begun
the study of law in this School or in another one under tho former
requirements were permitted to continue under them.
Sec, 59. (b) The reasons for the four-year law course were
stated as follows in the Report of tho Association Executive Committee
above mentioned;
(*)
Harlan Stone (now Justice) was President; the Schools
represented on tho Committee were Columbia, Yale,
and Wisconsin.
-150-
Part C: The Curriculum Sec. 59.
"The constantly increasing complexity of our law and the necessary
introduction of a number of practically new topics has so crowded the
law school curriculum as to make it impossible for even the most
ambitious student to cover adequately in three years, all, or nearly
all, of the more important courses in substantive law.
^With a few notable exceptions, American law schools have, of late,
felt it their duty to provide course in Practice and Procedure, which
courses consume from one-sixth to one-fourth of the studentTs-time dur-
ing his third year, and cause a corresponding reduction, in'the amount
of time available for the study of topics of substantive law.
"The law students of one generation become the executive officers,
legislators, Judges and leaders of public opinion of the next genera¬
tion. Accordingly, it behooves the law schools not only to train
students to practice their profession at the bar, but also to equip them
in some measure to discharge these larger duties which will necessarily
be thrust upoft a great number of their graduates. In recognition of
this function, there is now an insistent demand that courses in Roman
law, History of law, Jurisprudence, Comparative law, Administrative
law, legislation and International law be offered in our law schools,
and that a considerable proportion of these courses be required of all
candidates for the law degree.
"It is the opinion of the Executive Committee that these reasons
lead inevitably to the conclusion that, if the law schools of this
Association are to do their full duty to the bar and to the commonwealth,
the law school course must be extended to four years.
"It is also the opinion of tTie Committee that it is not desirable
to extend the time to be devoted to collegiate and professional studios
beyond six, or at most seven years, and that in view of the increased
seriousness of purpose of the professional student, and in view of tho
cultural value of many of the subjects above named, the added year need¬
ed for the study of law may, without serious detriment, be taken from
the years of preliminary collegiate training, provided that no law
student shall be a candidate for a law degree unless he shall have com¬
pleted two years of collegiate work prior to entering upon his law
studies.
"Finally, in the opinion of the Committee it is highly desirable
that a considerable number of the law schools in this Association act
in concert in this important matter.
"Accordingly, the Executive Committee recommends the adoption of
the following resolutions;
-151-
Part C: The Curricum Sec, 59
"Resolved, that this Association approves of extending to four
years the course leading to the first degree in law, provided that
the aggregate time devoted to collegiate and professional studies
shall not exceed seven years."
A. fuller statement of the reasons was made by the Dean of this
Law School at the meeting of the Association 1919-20 (Proceedings,
P. 215) as follows:
"In this Association*s proceedings, the question whether a
four-year course, as required for the first law degree, should be
recommended to all member schools as an objective, for their adoption
as rapidly as may be, involves thre6 distinct sub-inquiries;
1» Is such a four-year course educationally desirable?
2. Is it feasible, in view of all circumstances?
3, Should this Association recommend it to the member Schools?
"1* Is such a four-year course e duc a tionally desirable?
We believe that it is; first, (a) bedause three years do not
suffice for compassing the present curriculum; (b) because important
additional subjects of instruction are now barred from recognition;
(c) because all the profession recognizes and demands an additional
year; (d) because other professional branches recognize the same
necessity; (e) because University law schools on the Continent
recognize the same necessity.
"(a) The usual three-year course does not suffice for compassing
the present curriculum. This assertion rests on a simple matter of
figures. !Tn the School of which I am a member the annual offering of
courses total 135-150 units (term Hours) and have dons so for many
years past; the same is true of at least fifteen or twenty other
Schools. The required number of units for graduation is 70 (or say
12 semester hours weekly)• The average maximum number Of units pre¬
sented by graduating students is 76-80. In other words, the most
industrious students leave the School after covering only three-fifths
or four-sevenths of the subjects deemed useful for instruction. The
same fact must be true of the other Schools. ITor are these omitted
courses merely advanced courses in details of fundamental courses,
(as they largely are in a college curriculum, e.g., Anglo-Saxon 21,
or Philisophy of the 17th century). Thé'great majority of them'are
separate subjects of legal science, i.e., Mortgages, Interstate,
Commerce.
"In short, the average good law graduate today leaves the School
with a very large part of the legal field unstudied. The omitted
part must be important,Tecause it has been placed"in the curriculum
due to some practical demand for it. These omissions signify a need
for more time in the law course to enable him to remedy this
deficiency.
-152-
Part C: The Curriculum Sec, 59
"(b) Important additional subjects are now harred from in¬
cision in the required course,,. What are these sub jects? (T]
Whatever our theories may TTê, let us accept the fact that the Bar
expects the Schools to teach Practice to a certain extent, and that
the Schools can do so with greater economy of time to The law student.
Half a year of thorough work of the -various sorts in a schools will
be worth three years of law-clerkship to him,enlarge this
type of school work is the positive destiny of American law Schoolsi
Any other view is a vain looking backward. The sooner we realize this,
the more healthy for the law schools. There is no reason in the
world why the Law Schools should not do what the medical schools do,
mutatis mutandis,
Tkf lie gal Science subjects have been recommended for in¬
clusion in the curriculum for thirty years past, by the American
Bar Association Committees. (This means Jurisprudence, legislation,
legal History, etc., the same subjects mentioned in the Majority
Report,} Every University law school system in the world includes
them except our own. We have the superior educational system of the
world, except at this point. V/e have been hectored about it for years,
by the leaders of American legal thought. We have conceded their
wisdom, and we hav6 talked and talked about doing it. But we have
never done it. The time has come to cease musing about iT and Tô~do
it t>r »>, «,,
"Both of the foregoing groups of subjects require a "place in
the sun"; and this means a fourth year to compass them,
"(c) The profession recognizes this need and demands a fourth
year. In 1916, the Presidential address of ElITm Rout, a*t trie
annual meeting of the American Bar Association, emphasized the need
of a more thorough course of law studies, and cited with approval
the four-year course in Germany. At the joint meeting of the
Section of legal'Education and of Bar Examiners, held on the same
occasion" in 1916, A.ug. 30, (at which some 40 professors of law were
present), it was unanimously voted, after a long and thorough debate,
that "all'applicants should be compelled to study law for four years,"
the fourth year to be spent either in a law school or in a registerec.
clerkship. the implication of this vote that a law schools course
should cover four years is obvious; and the implication that three
yearsof law school studies are not enough is equally to the purpose.
Further citations of opinions are needless, in view of the profession¬
al opinion so recently registered. But the vote of the Executive
Committee of this Association to the same effect, in 1918, clinches
the matter, as an indication of professional opinion.
"(d) Medical schools require four years, and some require five
years. The modern complexiTy of law and olHmedïcTne may or 'iiôT Fa
comparable; we happen to think that they are. But the longer
periods today exacted in medical and engineering schools at least
raise a presumption that legal education needs as long a period, and
at any rate remove any suspicion that the advocates of the longer
period are ahead of the times.
-153-
Part C: The Curriculum Seo. 59
"(e) The four-year course question arose in Prance, Germany
and. Austria, as long as twenty years agoT Tne"TacultTês of law
(with possible individual exceptions) voted that a fourth year was
desirable; and only the exaotion of compulsory military servi ose from
university graduates was deemed sufficient to defeat the proposal as
not practicable. The citation of these resolutions can be furniéhed
to any one desiring them. Conditions over there being different,
their need of a four-year course does not prove our need. But it does
raise the presumption that the movement here for the four-year course
is not merely an over-advanced ftotion of a few idealists, but is a
part of"a world-wide phenomenon, induoed by world-wide modern con¬
ditions, Moreover, in our own University of the Phillipines, where
Anglo-American common-law lawyers and professors have had a dominant
influence, a four-year course has been in force for some time past.
To adopt a four-year course no?/ is merely to surrender oneself
promptly and gracefully to the inevitable.
"£'• Is the four-year coarse feasible in view of all the cir¬
cumstances? Of course" if it is needed, it sTTouidTe-acTopted,
regardless of opportunftijçwconsiderations. That is the true univer¬
sity point"of view." Any other point of view will do for a commercial
law school, perhaps, but not for a university law school. The only
objections to be considered, wor&hly, by a university la?/ school are
those which make it absolutely impossible. Are there any such?
"(a) Does it necessarily add more time to the period re quired
for preparation for the profession? Tt (Toes not. The rapid spread
of the Summer law scHcol now~malces it possible for the law student to
complete four academic year-units of work in three calendar years.
Ko healthy young aspirant needs more than one MonthTs vacation from
studies^ On the 88-semester-hour plan adopted at Northwestern
University Law School- (instead of the former 70 hours), the candidate
who takes three summer terms of IE hours a ?/eek can qualify for Ids
diploma by September, just three calendar years from the time of,
entrance.
"Even if it did add more time, this has not deterred the medical
and the engineering schools from requiring it,
, ^(b) Does it necessarily involve financial impossibilities?
It does not"! In the first place, the fees for the fourth yeâr"ôT
studies are added, so that it merely adds one year having the same
l?atio of receipts and expenses that the present three years have.
And in the next place, it does not for most schools add even this;
because the studies assigned to the fourth year will in large part
consist of these courses already offered super-abundantly in the
three-y3ar curriculum*
154-
Palpt Cî
The Curriculum Sec. 59
Among the foregoing reasons, one of the most important had al¬
ready heen urged in the 1914 Report of Professor Redlich to the
Carnegie Foundation; and undoubtedly his Report was the prime in¬
fluence leading to the unanimous vote of the Law School Association
Executive Committee in 1918—19i The concluding sentences of
/
Professor Redlich*s statement are emphatic and significant;
Three years appears entirely too short for a legal
education, pursued with the earnestness and thoroughness which
characterize the leading university law schools of America at
present. A glance at the annexed curriculum offered at Harvard
brings this fact out unmistakably——-—
"Assuredly, then, if an obligatory fourth year should be added
to thel American university law curriculum, enough time would be gain¬
ed to find place not only for the courses here suggested, but also
for special lectures, and for special practical analytio exercises
conducted by the case method; so, in particular, in international
law and American administrative law. There would also be time for
lectures upon legal reform, designed to give the students, even
before they go out into practice, some critical guidance in the
problems of the lex ferenda. In general this lengthening of the
period of law study would undoubtedly"permit a deepening in various
directions of the students* theoretical knowledge of the law, and
this, again, would act as a powerful stimulus to many, after they
have left the school, to continue their scientific studies.
"If we glance now at the Harvard curriculum, we must recognize
that here already the right path has been entered upon, and entered
upon very well—the path which leads, if I may so express myself, to
a classical perfection of modern legal education in America. May
we not hope that Harvard, again assuming the lead, will pursue this
path to the end, and make the fourth year obligatory? And may we
not expect that, in this instance again, Harvard's example will be
followed by its traditional rivals among American university law
schools?............The gain of this full year would undoubtedly,
however, be a good thing for the law school and hence for legal
education. Harvard would not have to alter much in its present
graduate courses to reach for all its students the goal which it
already almost touches,—a goal which can be defined in a'single word:
to be, in our day, absolutely the best school for lawyers.
"There is no'doubt that Columbia University, that the excellent
Chicago faculties, led by Hall and Wigmore, and with them, or soon
after them, still others of the more progressive university law
schools, would attain the same high goali"
-155-
Part C;
The Curriculum Sec. 59
Professor Redlich here expressed the hope that the Harvard Law
School would he the one to"assume the lead" and to "make the fourth
year obligatory", and thus to "reach for all its students the goal
of being absolutely the best school for lawyers6" As it turned
out, however, it was for northwestern to take the lead in this step#
And to the extent that Professor Redlich regarded this step as the
most important remaining step to reach "the same high goal", to that
extent Northwestern is entitled to the commendation which he had
prophesied for Harvard,
Sec, 60 (o) What were the reasons for the failure of the
Association to adopt the -unanimous report of its Executive Committee?
(1) In the first place, many member schools had recently been admitt-
ed to the Association after raising their law curriculum requirements
to three years, and after establishing an entrance requirement of two
years of college; and they hesitated to ask their trustees again im¬
mediately for another effort, (2) In the second place, the subjects
emphasized by the Executive Committee as one reason for requiring
additions to the curriculum were subjects upon which there were very
few specialists in this country, and the existing members of many
law faculties felt a natural, if not commendable, inertia to qualify
themselves in those subjects, (3) In the third place, there was an
apprehension that there would be a falling off of students, and many
schools were reluctant to endure this, (4) In the fourth place, and
most important, they feared the apparent extra financial burden on the
schools. These reasons represented the general state of mind
Part Cï The Curriculum Sec. 60
of those who had, up to that time given little thought to the question
they were reasons which had not availed with the leaders of law school
thought, represented on the Executive Committee, which made the un¬
animous report.
The most weighty reasqn above mentioned, viz, the additional
financial burden, was quite unfounded, at any rate for many schools,
the curriculum in these Schools was already so overloaded with electiv-
\
es that the addition of the fourth year could be effected by merely
expanding the curriculum, like an accordion. In this School, for
exaqrple, the number of semester hours offered in 1908 was 110, at
which period only 66 or 70 hours were required for graduation; in
1915, it was 130, when the same requirements still existed. That
condition was true of a great many of the advanced schools. In fact,
not a cent of extra money was needed in this School for installing
the four year curriculum, as will appear in Table C5; it was install¬
ed by the simple process of expanding the accordion. The graph
annexed shows how this could be and was done. At the time of the
debate in the Association, this fact was pointed out; but it was then
in the nature of prophecy only. When next the question comes up, the
demonstration of no extra expense ought to be convincing for many
schools.
The advantages for the curriculum gained by the installation of
the four year requirement have been enormous. During the last 10 or
15 years, there has been a strong pressure from two quarters to add
subjects to the law curriculum. At one extreme, the practitioners
have complained that the young law graduates have little or no
acquaintance with the pragmatic side of law. Since the vogue of the
Part C:
The Curriculum Sec„ 60
Harvard. law School principle, since 1870, emphasis has been placed.,,
in the rising schools, on the acquaintance with the technical rules
of substantive law; "but this great improvement on the system of purely
pragmatical instruction has led. to original excessive emphasis. Dur¬
ing the last 30 years the Bar has shown a radical change in its
attitude toward, law school graduates, and in the large cities the
Bar everywhere accepts a law graduate now directly from the School,
and puts him at work. But this very acceptance has made more apparent
to the practitioners the lack of pragmatic knowledge on the part of
the young law graduate. Hence the complaint. Thirty years ago the
Bar was apt to advise a young man not to go to à law school, but
preferably to study in a law office. They have long since ceased to
do this, but instead of that is heard the complaint that the law
graduate does not know what the practitioner supposed that he would
know. Hence the complaint is now-a-days directed, not against going to
the law school at all, but against the curriculum of the law school.
In this Law School, in contrast to the Harvard Law School, and those
few which follow its extreme doctrine, the conviction of the Faculty
is that a great many pragmatic experiences can be obtained in the
school without the wastefulness and disorderliness of casual exper¬
ience in law offices of varying natures. Hence, this Faculty pro-
f
ceeds upon the general principle that if there is any feature of
applied law which can be economically and systematically the subject
of instruction by the School, that feature is a legitimate part of the
Schools duty and work* Whether a particular feature can be so in¬
stalled, opinions may vary; but the general principle as stated by
this Faculty is in contrast to the frank disavowal of it in a few
-158-
Part C: The Curriculum Sec. 60
other Schools. Naturally all Schools, except a few extremists, act
upon this principle to some extent.
In another field the pressure has come from the thinking leaders
of the Bar, and the educational leaders, to install in the curriculum
those subjects of study which tend to elevate law from a technical
trade into a profession; these are the subjects represented in Table
C3, column P3, and will be explained later. For the past 25 years,
this School has been slowly responding to this pressure. The trend
of present events, viz, the recognition that the boundaries between
law, political science, economics, and history are broken down,, and
that the constructive legal thinker must know something of the place
which the work of his profession occupies in the welfare of the
community, has now demonstrated that the law curriculum must afford a
scope somewhat similar to the law curriculum on the Continent in
providing for some of those subjects in their legal aspect. The
progressive schools are now gradually adding those subjects, as ex¬
plained later in Table C.6 But the laggard advance noticeable in many
leading schools is due to the over-crowded condition of the three-year
curriculum. Nothing but the four-year curriculum makes it possible to
give that just recognition which all concede should be made.
Thus the four-year curriculum alone has made it possible to re¬
spond to these two justified demands, the pragmatic and the scientific.
In the opinion of this Faculty, there can never be any question of•
receding on this matter. On the contrary, the next few years will
demonstrate unquestionably that this School has merely been the pioneer
in the movement which is due to become universal.
-159-
Part C: The Curriculum Sec. 61
II. Instruction Hours
Tatle C gives the annual figures; from this Table the
ensuing Tables are summarized, taking several periods for comparison.
The meaning of abbreviations is explained under the later Tables.
Sec. 61 (1) Total Curriculum, in Semester Hours. The
"" ■ ■ ■ MB-.II >*, «>■ 11 A H..W m I« mm i ni. ^ i ■ i w•
curriculum, quantitatively, falls into three periods of history;
1894-1900, 1901-1914, 1915 to date. Table C gives the figures by
years. The first period maintained a total curriculum of only 60-68
semester hours, even after the increase of degree "-requirement s from
E to 3 yrs. in 1897; it was a period when no guiding policies prevailed;
the President was acting Dean for the first part of this period, and
two Federal judges wë^ominally Deans for the remainder. Of the
original 4 resident professors, 3 went out and opened offices for
practice; and a crisis of low ebb came in 1900.—II. The second
period, 1901-1914, after reorganization in 1901, is marked by the
initial enlargement of the curriculum to 107 hours, and its gradual
expansion to 130 hours in 1915—III. The third period, from 1315 to
date, beginning with the enlargement of the Faculty from 4 resident
teaching members to 5, is a static period, the fluctuations from 130
hours of annual offerings are due to temporary causes; the increase
in effective semester hours is due to the liberal use of the biennial
method.
The increase of degree-requirements from 3 to 4 years did not
require any increase in quantity of curriculum offerings (as shown in
Graph Ca) . There is no reason to expect any substantial charge in
curriculum quantity in the near future.
-160-
Part C:
The Curriculum Sec. 61
Table C Curriculum Hours
Total Number of|
Hours by Status of"
Instructors
Given
Prescribed
bourses
Sem.
B
Ml
M2
M3
Annual¬
Bien¬
P 1
P 2
P
3
Hours
ly
nial¬
ly
Net
Out ol
1893-4
(1)
28
(2)
60
(3)
58
(4)
1
(5)
1
(6)
(7)
60
(8)
(9)
60
(10)
(11)
(12 1
1903-4
43
107
42
43
21
1
100
7
2
22
1904-5
43
103
43
42
17
1
97
6
3
22
1905-6
48
108
42
50
15
1
102
6
5
20
1
6
1906-7
48
107
45
45
16
1
104
3
5
20
1
6
1907-8
50
111
44
49
17
1
103
8
5
20
1
9
1908-9
48
110
47
52
10
1
109
1
5
22
1
9
1909-10
4d
107
50
52
5
104
3
5
22
1
9
1910-11
49
110
53
50
7
110
5
4
22
1
8
1911-12
49
115
52
56
3
4
111
4
7
25
1
12
1912-13
53
120
53
61
4
2
114
6
7
25
1
12
1913-14
53
118
57
47
6
5
113
5
7
22
1
12
1914-15
52
124 "
64
49
6
5
120
4
8
23
1
12
1915-16
55
130
79
40
5
6
125
5
8
23
1
19
1916-17
51
126
76
43
7
6
119
7
8
20
2
19
1917-18
50
123
72
30
15
6
114
9
7
21
2
21
1918-19
50
128
66
41
17
4
119
9
8
23
3
17
1919-20
56
130
80
32
12
6
120
10
10
22
3
19
1920-21
59
133
35
30
14
4
133
11
20
8
20
1921-22
54
124
79
30
11
4
121
3
13
21
8
18
1922-23
53
119
58
33
22
6
|« 92
27
11
20
8
19
1923-24
59
119
62
32
19
6
95
24
11
20
8
16
1924-25
60
133
80
«
39
8
6
105
28
11
19
8
22
-161-
GRAPH Ca - Sec 6/
N.U. Lkii School Educational Survey iq2S
Curriculum Hours
v
1
4^-
'.lt.
t:
\t:
:z:
±
ii
t)
■ ïi
\ t>
KEY: UP= S £ HESTER HOURS ( 5 HOURS TO / S RACE)
ACROSS -• YEARS (I YR. TO 2 SPACES)
UNE AA - TOTAL SEMESTER ROUPS OFFERED /N CURRICULUM
UNE 60 „ « , REQUIRED FOR DEGREE
6RAPH S HO US THAT THE CHAN6E FROM 3 TO 4 YR. REQUIREMENT IN NN-24
(70 TO S3 SEMESTER HOURS) DID NOT INVOLVE INCREASE OF SEMESTER
HOURS OFFERED.
J
Part C: The Curriculum Sec» 62
Sec» 62, (2) Biennial Alternation of Courses. The
special feature of the third above period (1915 to date) has been
the liberal resort to the biennial alternation plan; Table CI
summarizes the figures.
(a) The total effective instruction-hours (Col. 6) have thus
risen from 135 to 161; thus putting the School on a quantitative
par with the Harvard and Columbia Schools—the (Table C6) other
two highest, and the two charging the same high tuition-fee.
(b) The ratio of biennial hours has risen from 5 $ to 20$ of
the total offerings in any one year.
The advantages of this plan have been elsewhere commented on;Sec,79
(post). There are no disadvantages. The relation of this plan to
the copious use of 1 hour courses is commented on in Tables C4 and
C6, post. Its relation to expense is noted in Table C5, post.
Table CI. Total Instruction-hours given, annually and biennially
Year
Courses
Hours
Given
when
1 $ of (4)
on (2)
Gross total
Offerings
Annual
Biennial
tl)
(«)
"(3)
(4)
lb)
15}
1893-4
28
60
60
60
1903-4
43
107
100
7
.07
114
1908-9
48
110
109
1
.009
111
1915-6
55
130
125
5
.04
135
1921-2
54
124
121
3
.03
127
1923-4
59
119
95
24
.20
143
1924-5
60
133
105
28
.21
161
-163-
Part Cî The Curriculum: See, 63
III. Analysis by Status of Instructor
The following Table gives the summarized figures on which all the
comments are based; ______
Table C2 Instruction-hours, as to Status of Instructor
R
Ml
M2
M3
Year
Total
Annual
hours
Cour¬
ses
Hours
%
of
(3)
on
(1)
Cour¬
ses
Hours
%
of
(6)
on
(1)
Cour¬
ses
Hours
$
of
(9)
on
(1)
Cour¬
ses
Hours
%
of
(12
on
(1)
(1)
(2)
(3)
(4)
(5)
(6)
(?)
(8)
(9Ï
(10)
(U)
(12)
(3)
1893-4
60
26
58
.97
1
1
.01
1
2
.02
0
0
0
1903-4
107
13
42
.39
19
43
.40
10
21
.20
1
1
.01
1908-9
110
18
47
.43
23
52
.47
6
10
.09
1
1
0
1915-16
130
33
79
.61
16
40
.31
4
5
.05
2
6
.04
1921-2
124
35
79
.64
12
30
.24
5
11
.09
1
4
.03
1924
133
34
80
.60
20
39
.30
5
8
.06
1
6
.04
-164-
Part C: The Curriculum Seo. 63
Sec. 63. (1) Resident and Non-resident Members. The ex¬
pressions "full-time" and "part-time" have never been used in this
School. They are not deemed acceptable, because (1) they smack of
the factory and the commercial world; (2) they imply that no time
at all is at liberty to be given to any but an institutional purpose.
But the professor of law deems himself first of all a lawyer, a member
of the profession, and desires to keep in touch with his profession
as an applied science. Hence he insists on retaining the liberty to
give professional advice, while teaching, so far as it is casual and
requires no substantial amount of time. At the Harvard law School
almost all the great figures of 1870-1900 maintained some sort of
practice-connection. At northwestern the line has been drawn, since
1901, at the maintenance of an office in any form outside the School;
no resident member may do this. Such a rule effectually prevents any
substantial interference by clientage; because no client will ordin¬
arily come to a School for his legal advisees help; this is a fixed
feature of the Psychology of clients. In actual experience, at
northwestern, the rule has worked perfectly. An occasional client
has come to probably every one of the residents,—possibly five a
year, possibly none. But in no case has the time required been sub¬
stantial, (There was for a short time, one exception, when one member
occupied a municipal official position; but this was done by common
consent, after notice to the President).
The terms used in the law School Bulletin, "resident" and "non¬
resident" will here be used. Table B1 has already shown the number
of resident members.
-165-
Part C: The Curriculum Sec. 64
Sec» 64 (£) Non-resident Voting Members (N-Rl). The non¬
resident voting members are those who bear the titles designated by
the University Statutes for voting members of the Faculty. They are
first chosen by the Faculty itself, by co-option, and are then
recommended to the President for such titles. The basis of choice
is experience here as a teacher (thus supplying knowledge of
traditions of the School); a substantial amount of teaching burden
(thus giving an adequate knovi/ledge of the student-body) ; and a
loyal personal interest in the School's welfare. Table B1 has al¬
ready shown their number,
(3). Non-resident Non-voting Members (N-R2). These are th6
remaining members, giving at least one full course, who do not fulfil
the conditions above noted for N-Rl.
(4). Other members (N-R5). These represent now only the
Illinois law lecturers, who give each only 4 lectures on a special
topic of Illinois law (Contracts, Equity, Carriers, etc.). They
are selected from recent alumni of the School. In former times,
there were two or three who lectured on other topics; but as
students will attend no course not having a credit-unit, these
have been abandoned in recent years.
Sec. 65 5. Ratio, of N R to Rj The ratio of instruc¬
tion hours carried by non-residents is shown in Table C2. ante ;
Graph Cb Post, mak6s the result clear.
-166.
Part C:
The Curriculum Sec. 65
In 1904-1909 this ratio ranged from 40-50$, at a time whea there
were "but 4 and 5 resident members* But since 1915, when there were
6 resident members, it is fallen to some 30-40$, where it is likely
to stay. Thus the "resident" members now carry 60-70$ of the total
instruction-hours. This ratio is really higher for the R group, if
the effective total of instruction, including biennial hours, be
taken as the basis of the ratio; i. e. on that basis, the R ratio
is 65-75$-.
Of the R-R group, R-Rl now carries 30$; R-RB carries 6$, and
R-R 3 carries 4$. This ratio seems approporiate, in a professional
school-;
The subject has of course been much mooted in law school
circles. At one extreme stood the old type of school, nearly
universal before 1890, when only the Bean (if any) was a resident
member. At the other extreme was and still is the Harvard Law
School, where probably less than 5 $ is carried by R-R members.
Between these stand most other schools., their practice however being
dictated by local circumstances rather than by principle, E.g;
State Universities at small cities cannot have an appreciable number
of R-R members. Columbia however, in its metropolitan location,
has had a large number; even the former eminent Bean, now on the
Federal Supreme Bench, maintained a daily active office connection
and was virtually an R-R as above defined; In the metropolitan
schools, a chief reason is the high professional incomes, which make
it impossible to obtain certain specialists on any but a R-R status;
Another reason is the pressure of public opinion at the Bar, which
distrusts a faculty composed exclusively of non-practising scholars.
GPAPH Cb- Sec.GET
N.U.Lau School Educational Survey '92.5
curriculun /4s to Status of Instructors
i2°
M
7^ ^
*k
52
?
I-
$
s;
r?®
0'
oi
of
04
or
el
a
i1
2l
fi
13
21
KEY
VP-NO. or SEMESTER-HOURS CtVEN BY EACH GROUP IS SHOUN BY AREAS
as narked c5hours--/space)
R -- RESIDENT MENDERS Of FACULTY ,
n-ri -- non-resident kornc menders of faculty
Al-fti- - - NON VÔT/N0 DUT GIVING ONE OR NOPE FULL COURSES
N-IÎ3 '• •> .* .. AND GfK/NO LES5 TP AN ! S EM. H/?. EACH
Part Cî The Curriculum Sec» 65
Hence, the question of principle has remained more or less in
abeyance.
The faculty of this School has always believed that on principle
a law Faculty should have composite elements of R and H-R, in some
safe ratio , and for the following reasons:
Sec. 66 (6). Reasons for Preserving the R. Element»
(a) The constant contact between the Resident and non-Resident
members helps to prevent the former from becoming legal monks. The
pragmatic professional bearings of their instruction are better
appreciated.
(b) The presence of H-Rl members in the voting faculty supplies
the necessary disinterested convictions and tends to prevent the rise
of factions or the dominance of one resident member of group. Resi¬
dent members depend on the University their salaries, and deans
make recommendations as to salaries; hence ther6 is always a latent
risk to the independence of mind of resident members and a possibility
of factions, as well as of embarrassment. The Hon-resident members,
being independent in their outside praotice, are free from this risk,
and their convictions supply an arbitral value in case of a cleavage
of opinion among Resident members. In the debates of 1916, for ex¬
ample, over the new requirements, it was a relief to all resident
members to have present a decisive element of Hon-resident members
who could cast a decisive and disinterested vote; to all who value
aoademic freedom, this feature is invaluable,
-169-
Part C: The Curriculum Sec,, 66
(c) The R-R members, being all alumni, or long connected with
the School (Table B5) bring equal loyalty to the traditions and
future of the institution*
(B) The R-R members, having a teaching experience equal to or
longer than the R members (Tables B3, B4) are equally serviceable
as teachers»
(_e) The R-R members, carrying only 1 to 3 courses, are able to
devote an adequate part of their time to the mastery of their subjeotp;
and in fact (Table B5) they have had as long a time for such mastery
as most of the R members,
(f) The R-R 2 members, as to whom some of the above considera¬
tions apply in less degree only, carry not more than 5 f0 average of
the instruction-hours.
The Faculty of Law is satisfied with the present ratio.
Sec, 67» (1) Kinds of Prescribed Subjects* There are
in this School 3 kinds of prescribed subjects,—courses implicitly
required, because they are part of a year-period which is required
of all students (P2); courses specifically prescribed by name (Pi);
and courses prescribed in a quantity to be selected from a larger
group (P3)*
(2*) P2 courses. These represent in this School only first
year subjects. Only about 24 hours are offered (exclusive of PI
subjeots)^ and thus all of those hours virtually have to be taken.
In some Schools, all 1st year courses are prescribed, as such.
-170-
Part C: The Curriculum Sec. 67
But at this School it has been found that this is needless, as there
is no election; and a specific prescription is to be avoided if
possible, because it smacks of coercion and thus makes a type of
student restive and perfunctory; moreover, it puts an additional
burden of bookkeeping 011 the office.
The PE (first year) courses, in a law school, are there placed
as a part of the logical hierarchy of legal science. As in
Mathematics there come first the elementary concepts of Algebra,
Geometry, Trigonometry, and Analytic Geometry; followed by the Calcu¬
lus, as the next nocessary order of ideas; and then followed by the
various branches of applied and transcendental mathematics (the
Calculus being the intermediate essential group of ideas); so in law
must come first the courses of Contracts, Property, Torts, Procedure;
then as a second order, Agency and Equity; after them, any other
subjects assume an acquaintance with the proceding two groups.
Virtually all law school curricula are now conducted on the above
scheme, with details varying.
At this School the obtaining of credit in the pE courses is not
expressly required; because experience shows that students failing
seriously in those fundamentals take the subjects again; they realize
the futility of attempting to proceed without the fundamentals. The
purpose of a specific prescription is thua attained, without the
bookkeeping burden.
An average of SO hours (later,E4) has been the amount of the
PE courses,'
-171-
Part C:
The Curriculum Seo. 67
IV. Analysis by Prescribed and Elective Courses
The following figures, summarized from Table C ante, are
the basis of the comments.
.Tabic C3. Instruct!on-hours, as to Prescribed and Elective Studies
Year
Courses
Semester
Hour-units
Required
for Degree
Hours of Specific Subjects
FroscribecT
No.
Hrs.
Pi
P2
P3
Total
% of (7)
on (3)
% of (7)
on ( 2 )
(1)
(2)
(3)
(4)
(5)
(6)
(7)
1893-4
28
60
60
60
100
100
1903-4
43
107
66
2
22
24
.40
.22
1908-9
48
110
66
5
22
1
28
.42
.25
1915-16
55
130
70
6
23
1
32
.46
.25
1921-22
54
124
88(80)
•13
21
8
42
.48(52)
.34
1924-25
60
133
88(80)
.11
19
8
39
.43(47)
.30
-172-
Part Cî The Curriculum See#. 68
See» 68» (3) PI courses. These represent now a total of 11
hours, having advanced from E hours in 1915-16, The subjects are
those few which the Faculty deems vital, but the students are apt
not to perceive as such; so that there must be a prescription#
Of these 10 courses (11 hours), 5 are pragmatic, 3 are professional
(see Part D, post#) « and E are elementary. TTo explanation of the
individual courses is perhaps here needed. Suffice to say that the
number apparently exceeds that prescribed in any other School (Table
C6), and represents a policy, in that respect, peculiar to this
Faculty and deemed by it to be worthy of imitation.
Sec# 69# (4). P3 courses. These represent the professional
or liberalizing (or cultural), subjects exclusively. The movement for
recognizing them in law school curricula has been commented on above
(Sec.59). The amount now required is 8 hours selected from EE;
this represents about 10$ of the required units for a degree. This
amount has been settled upon, after much debate and experimentation,
and is not likely to be changed appreciably.
Only one or two pragmatic courses are included under P3; the
students tend to choose them without prescription. The bread-and-
butter side of the profession always looks most important to the
student. But since this Faculty aims to prepare as many young men as
possible for careers in later life as constructive leaders, it be¬
lieves in their inoculation, at the educational period, by compulsion*
ÏÏ0 system of medical inoculation ever succeeded without a compulsory
feature. In this Faculty the general principle has never been doubted
Part C: The Curriculum Sec, 69
"but there have "been occasional differences of opinion as to the
specific subjects of inoculation; and the strong tendency is against
increasing the number.
In other Schools (Table C6) apparently little attempt has yet
been made to apply this principle.
Sec. 70. (5) Total P courses. Thus the total amount of
P hours today stands at about 40; this is 43 (47) jo of the required
units for a degree; and 30fo of the annual instruction hours offered.
Sec, 71. (1) Length of Courses. The original American
Law School tradition, spreading since 1875 at the Harvard Law School,
was for a small number of long courses, each running through the year,-
— usually 2 and 3 hours a week for the year. This corresponded to
the system on the Continent, where a few long courses are given, and
no examination was held (originally) until the end of the 3d year,
when the degree was sought. But the gradual trend in the United
States has been to courses smaller in quantity and shorter in time.
The Harvard Law School stands at one extreme, with the smallest con¬
cession to this movement; northwestern at the other end, with the
largest concession.
-174-
Part Cr The Curriculum Sec. 71
V. Analysis by Length of Courses
Table Ç4. Instruction Hours, as to Length of Course
Year
Total
Courses
© 1
hour
© 2 hours
© 3 hours
No.
Hours
No.
Hours
% of
(4)
dn
(2)
No.
Hours
% of
(7)
on
(2)
No.
Hours
% of
(10)
on
(2)
1893-4
(1)
28
(2)
60
(»)
6
(4)
# ^
(5)
.06
(<3)
2
(7)
3
(8)
.05
(9)
6
1 '(10)
12
' (11)
.20
1903-4
43
107
11
11
.10
16
32
.30
5
15
.14
1908-9
48
110
16
16
.15
17
34
.30
6
18
.16
1915-16
55
130
16
16
.12
18
36
.28
11
33
.25
1921-2
53
124
15
15
;i2
22
44
i35
5
15
.12
1924-5
60
133
18
18
.13
28
56
.42
5
15
.11
$1893-4; The terms then being only 1/3 of a year, the hour-units were
less than a semester-unit
Table C4 continued
Year
Total
Courses
© 4
hours
© 5 hours
@ 6 hours
No.
Hours
No.
Hours
% of
(13)
on
(2)
No.
Hours
%of
(16)
on
(2)
No.
Hours
% of
(IS)
on
(2)
(1)
(2')
(12)
[lô)
(A4;
(lb)
(±e;
(17)
(18)
(Ay)
(2u;
1893-4
28
60
4
12
.20
9
30
.50
0
0
0
1903-4
43
107
8
32
.30
1
5
.05
2
12
.ii
1908-9
48
110
5
20
.18
2
10
.09
2
12
;io
1915-16
55
130
4
16
.12
2
10
«08
3
18
.14
1921-2
53
124
8
32
.26
0
0
.00
3
18
.14
1924-5
60
133
4
16
.12
,
2
10
.08
3
18
.14
-175-
Part C: The Curriculum See* 72
Sec, 72» (2) number of 1 hour - 6 hour courses. At
northwestern 22$ of the annual instruction, in semester hours, is now
given in 5 and. 6 hour courses, i^e» 2 or 3 hours a week for a year#
There is a pressure, even in these courses, to hold examinations in
each semester; partly from the students who desire to risk less, or
to make up a specific number of units; partly from the growing fre¬
quency of mid-year entrance., which calls for convenience in beginning
any course in February.
The ratio of 3 hour and 4 hour courses is 23$.
The ratio of 2 hour courses is 42$,«*-the largest for any one type.
The ratio for 1 hour courses is 13$»
Most of the 1 hour courses represent the specifically prescribed
subjects (pi) ; it is desirable to reduce these subjects to the minimunj
quantity. Most of the 2 hour courses are advanced (3d and 4th year)
courses; the student is more capable of getting the meat of the sub¬
ject in a shorter time.
Most of the 5 and 6 hour courses represent the fundamentals,—
Contracts, Torts, Equity, Constitutional Law. Illinois Law, though
figuring as a 6 hour course, is really a series of separable l/4
hours.
Sec» 73. (3) Reasons for the Predominance of Shorter Courses,
The reasons for the predominance of shorter courses are several;
(I) (a) One type of student tends to avoid risking his fate
on a long course; failure in a 6 hour course may postpone
graduation.
-176-
Part Cî
The Curriculum Sec* 73
(b) One type of student under the elective system of the
2d- 4th years, likes to sample a course before he settles
down to it; thus, if he changes after a week or two to
another course, there are less arrears to make up.
(o) One type of student, figuring closely on his credit-
units, seeks constantly a short course to complete the
missing amount,
(II) (a) The Faculty bePive that a subject justly demanding re¬
cognition had better be given recognition with a limited
number of hours than given no recognition at alii A cumu¬
lation of long courses would force the latter alternative^
By using short courses, the present curriculum is thus en¬
riched to the maximum demand.,
(b) The Faculty believe that after the first year, where
drill is the prime requisite, a familiarity with new con¬
cepts is the main necessity in a course; this can be ad¬
equately afforded in a short course,
(cj The Faculty belive that the tradition of long courses
is to a large extent tradition only, based on the assumption
that a subject must be exhausted,—an unsound assumption,
(d) The administration finds a constantly increasing
irregularity in time of beginning law studies or transferr¬
ing from another School,— October, February, June, Hence,
it becomes desirable to make the credit units co-terminous
with the semester, if possible* This means short coursesi
177-
Part C:
The Curriculum Sec. 73
(e_) The Faculty does not find it convenient to arrange seme-s—
ter-unit courses on a 4 hour weekly basis, because this pre¬
vents carrying many courses in one semester, and thus upsets
students' plans for a proper sequence of courses.
(5) The Faculty finds that the biennial alternation plan
(Table CI) becomes more feasible with shorter than with longer
courses.
Sec. 74. (1) Cost, in general. The increase of cost of in¬
struction, in general, depends on outside conditions of demand and
supply, in the field of resident professors. The marked points of rise,
in this School, were about in 1906 and 1916.
For non-residents, on the other hand, the long traditions in this
School, since 1902, has been to fix an honorarium rate per semester hour
of instruction. This figure had no relation whatever to the value of
the sacrifice made by the practitionerj it merely was enough to indicate
the University's appreciation of his sacrifice and to relieve the
University from the attitude of accepting something for nothing. It al¬
so spared the authorities from the process of bargaining with each in¬
dividual. Almost all being Alumni, they cared for the honor and not for
the money,—which might be paltry. Indeed, as the honorarium rate for
the II-R1 and TT-R2 groups has never changed since 1902, while the outside
professional incomes of the incumbents have been steadily rising, the
University's honorarium to them is indeed a paltry sum, intrinsically.
For example, several of the present
-178-
Part Ci The Curriculum Sec, 74
VI; Analysis "by Cost of Instruction
The following figures were furnished from the University
Office of the Business Manager*
- — KM, I ff
Table 05a Instruction-Hours, as to Cost
Year
Hours
instruction
(see Table cl)
Budget
(1)
(2)
(3)
1893-4
60
$11,500
1903-4
114
21,997
1904-05
17,865
1905-06
18,164
1906-07
20,033
1907-08
20,190
" 1908-09
111
20,853
1909-10
110
27,559
1910-11
28,353
1911-12
30,652
1912-13
21,066
1913-14
32,488
1914-15
33,791
1915-16
135
36,656
1916-17
133
46,616
1917-18
•
41,368
1918-19
(war absences)
25,490
1919-20
40,836
1920-21
43,444
1921-22
127
43,346
1922-23
146
42,549
1923-24
143 l,
37,098
1924-25
161
399648
-179
Part C: The Curriculum Sec. 74
N-Rl and TT-R2 incumbents receive an outside professional income from
ten to twenty times the amount of the School honorarium.
N-R3 members receive no honorarium.
Sec. 75é (Table C 5) (2) Ratio of Instruction-cost to -
Semester Hours» Thus, the instruction-cost bears no direct ratio
to quantity of semester hours, offered, nor to member of resident
members. E. G. in 1903-4, when there were but 3 resident members
and 107 semester hours, the cost of instruction was greater than in
1908-9 when there were 4 resident professors and 110' semester hours.
The special increase in 1916-17 was solely due to a general raise of
resident salaries.
Sec, 76. (Table Co) (3) Ratio of Instruction-cost to
4-year course. The cost of instruction was not increased at all by
the installation of the 4-year course. The figures of cost were less
in 1923-25 when the 4-year-course went into full effect than in
1916-18, before it began. The obvious reasons for this have been
noted above (Sec. 60, 62).
Sec, 77. (4) Ratio of Instruction Cost to Professional
Subjects. Nor has the instruction cost been increased by the installa
tion of the professional (or liberalizing) subjects, (introduction:
-180-
Part C: The Curriculum Sec, 77
Table C3)» Those subjects had already been in the curriculum, to the
amount of 19-21 hours, in 1916-18* they were only 22 in 1924-5,
Their use is also facilitated by means of the biennial plan (Sec;62)„
which costs nothing more. There has, obviously, not been a single
dollar added to the instruction-cost by the adoption of this feature,
— a feature which is in marked degree the subject of pride to the
Faculty as a distinctive merit in its curriculum,
À comparison may now be made of the foregoing features, as of
1924-5, with six other Schools, east and west-; the ones chosen repre¬
sent the elements of high repute, long establishment, and nation-wide
patronage; they include both conservative and progressive institutions,
Sec, 78, (1) Total Instruction Hours, (Tables C and C6)
The numberl33 at Northwestern is exceeded substantially by one other
School, Columbia, (but the Harvard 1925-6 Catalogue shows its total
now as 167, paralleling Columbia); Harvard, Yale, and Michigan are
level with Northwestern; Chicago and California are 25$ less;
In hours ^pessary for a degree, the total for Northwestern is
of course (on 4-year basis) higher than all the others, yet not
ratably* The hours necessary at Northwestern under the 3-year plan
used to be 70; but they range from 72 to 78 at the other Schools,
Ratably the figure should be 96-100 at Northwestern; and this higher
figure was mooted at the time of going to the 4-year plan; it was at
that time rejected, because it meant too rapid a jump, and as a
-181-
Part C: The Curriculum occ. 78
VII» Comparison with Other Schools
The following figures are the hasis of the comments;
they are taken from published Catalogues;
Table C6; Curriculum of Seven Schools, compared for 1924-5
School
Total
Hours
Hours
Hours
Number of Courses of
Semes¬
Neces¬
of Pre¬
of Pro¬
D:
Lfferent Lengths
ter
sary
scribed
fession¬
1
2
3
4
5
6
7-8
Given
Hours
to 1st
Sub¬
al Sub¬
hr.
hrs.
hrs.
hrs.
hrs.
hrs.
hrs.
Bien¬
Degree
jects
jects
nially
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8).
(9)
(10)
(11)
(12)
North
133
88
38
28
18
28
5
4
2
3
0
28
western
(80)
Harvard.
135
72
27
27
0
9
2
26
0
1
0
3
Columbia
161
76
23
29
1
17
16
13
' 0
2
2
0
Yale
138
78
33
33
0
19
14
9
■ 1
1
1
0
Michigan
135
77
46
19
1
15
11
10
2
2
1
5
Chicago
106
72
23
11
6
9
12
6
3
0
1
3
Cali¬
fornia
103
76
36
12
0
11
6
12
0
1
0
0
-182-
Part G; The Curriculum Sec. 78
/ jjc*
transition figure 88 was adopted* For the A.B.*s (four college
years)ràio may at Northwestern take the law degree in 3 calendar years,
the number of necessary units (80) is still higher than anywhere
else,—in some instances by one ninth.
Seo. 79. (2) Biennial Courses. (Tables Cl anl C6)
At other Schools, virtually no use is made of the biennial alternating
plan. It is naturally not thought feasible to any amount, because
the omission (by alternation) of a 3d year course deprives the
student in that year of at^r opportunity to take it. On the other hand,
the surplus of offerings over required amounts, in those Schools,
practically makes it impossible for even the best students to take
all the courses; e.gi in Northwestern under the 3-year plan it was not
more than once in two or three years that a candidate presented as
many as 100 units; so that some of these courses might just as well
be omitted biennially-.
The biennial alternation has two weighty advantages: (1) it
enables the curriculum to respond to legitimate demands for additional
subjects, and thus enriches the curriculum; (2) It affords to the
instructor a relief from the tedium of repeating the same course
every year without variety. Moreover, for seasoned instructors, who
have lived a long time with their subjects, it does not impede the
acquisition of a sound mastery of the subject^
i »II i.i ■■ ■ i m ■ i ■ i ■» ■ .1
<*)
It is now (1927) raised to 96 hours; in 1925 it
had been raised to 90 hours.
-183-
Part C: The Curriculum S3c„ 80
Sec, 80« (3) Prescribed Subjects. (Tables C3 and C6)
$he Northwestern figure (38) for Prescribed Subjects stands as a fair
medium between the extremes, tending to the upper extreme. But the
main basis for all the four schools with lower figures is the pre¬
scription of the 1st year courses. This feature is universal; the
excess in Michigan is due to the inclusion of two 2d year subjects.
The specific prescription of other courses, in the other Schools,
is rare. In no School does the number reach that of Northwestern.
The usual instances, where they occur, are Professional Ethics and
Legal Bibliography. No where (apparently) do they require History
of Bench and Bar (the traditions of the profession), nor the other
features deemed essential at Northwestern. The prescription of a
minimum selection (8 hours) from liberal professional subjects is
found nowhere else. Column 4 of Table C6 shows that such subjects
are offered,' at Harvard, Columbia, and Yale in approximately the
same quantity as at N. W. at (Harvard'the 1925-6 Catalogue shows an
even larger number); but no attempt is made to insist on inoculating
the rank and file with this liberalizir^ type of legal learning.
Seci 81. (4) Length of Courses. The most marked
difference between Northwestern and other Schools (except the one
just mentioned is seen in the number of short courses. Long
courses (5, 6, 7, and 8 hrsi) have been virtually reduced to a
mi ni mnyn everywhere i Northwestern has more of them than any other of
the six schools (except Michigan). But among the shorter lengths
(1 to 4 hours) it may be said that the favorite figure varies between
-184-
Part C
The Curriculum Sec. 81
4-hour courses (Harvard) and 2-hour courses (Yale). This is sig¬
nificant of a trend.
But no school has yet taken the attitude of northwestern in
favoring the 1-hour course; it has 18 such courses, and Chicago alone
is in the field with 6, The former supposed pedagogic drawbacks of
1-hour courses do not seem any longer to trouble either students or
instructors at northwestern. Many of the courses so figured are con¬
ducted by assignment of topical reports, on the seminar plan; and
are otherwise handled that no inconvenience is felt.
The advantages are striking: (1) Very many subjects that press
for a hearing can be offerd on a 1-hour basis that must otherwise
have been ignored. If they were offered on a 4-hour basis (as at
Harvard, with 163 semester hours in 1925-6), all students must omit
the greater part of the curriculum; e. g. the maximum Harvard figure
for a graduate would average 80 hours, and thus he has had to omit
86 hours; this is because the curriculum is loaded with 26 four-hour
subjects; had these been 2-hour subjects, the student could have
opened twice as many doors in the storehouse of professional learning.
(2) A smaller faculty can thus handle a richer curriculum.
Today the northwestern facility, with 6 residents, can give as full
a curriculum as Harvard with 15.
(3) The student more freely elects his subjects, because he has
less at stake in each course in case of a failure. The popular
trend away from heavy-hour courses was what first motivated north¬
western towards the lower figures. The motive that probably still
keeps the other faculties at the 4-hour figure is the obession that
a subject cannot be offerd unless exhaustively. But the northwestern
-185-
Part Cî The Curriculum Sec® 81
faculty does not accept that view® The analogy may best be seen in
the college curriculum; e.g. the History of the Papacy might be
offered as a 6-hour course; and yet the spirit and interest and profit
of the subject can be gleaned in a 2-hour or 1-hour course, if the
instructor only thinks that it can. In this Law School e.g. a course
in International Law III studies the League of Hâtions Constitution
in its legal aspect, in a 1-hour course; the subject could be made a
6-hour course; but life being as short as it is, and other claims
of knowledge being pressing, 1 hour suffices to give the student a
useful mass of new knowledge while not abating the standard of
scholarship.
The above-named advantages have made the northwestern faculty
entirely satisfied with the present plan. By this plan some 2/5 of
the curriculum is offered in 3-6 hour courses (as in the other Schools)
and the remaining 3/5 in the 1-hour and 2-hour courses.
VIII, Courses classified as to Pedagogic Purpose
Sec. 82. (1) General Theory: The several courses, or
groups of courses, must now be considered with regard to the different
elements of purpose in legal education. Which courses are aimed at
which purpose? And how far are these purposes proportioned and co¬
ordinated in the curriculum?
At this point, the report might disgress lengthily to examine
the various theories of purpose in legal education. Suffice it to note
-186-
Part C: The Curriculum Sec, 83
that all American law schools, until recently, professed to train
young men "for the practice of the law"; and that any more specific
statement of the sub-purposes, to which the several parts of the
curriculum were directedj was hardly to be found» But in the changes
and demands for change, of the last 25 years, three distinct sub-
purposes can be implied,— each of them specially had in mind by the
group of persons proposing the changes
As helping to elucidate the implications underlying these
proposals, the passage will serve quoted already in Part A, Sec» 26,
from' an article by the Dean of this School in the Harvard law Review
for 1917 (3QDC,812), contributed in celebration of the Centennial of
the Harvard law School, and entitled; "Hova Methodus liscendae lo-
cendaeque Jurisprudentiae" (a title quoted from the jurist-philosopher
liebnitz)s
This Faculty of law has at no time been ashed to accept the above
exposition of purposes. But it was written after the long-continued
1916 debates in the Faculty on the curriculum and after the changes
made at that time; and it purports to set forth the implicit foundations
of principle which suffice to justify the trend of those changes. It
also serves to explain the two trends seen markedly in the outside
demands and movements.
Those outside demands and movements have been markedly two:
a demand from the body t>f practitioners for more of the "practical"
instruction; and a demand from other critics of legal education for
more of the "liberalizing " ov "cultural" or "public service" or
"professional" courses* These two demands have already been described
i-n (Se c t i ons ,59,69)
-187-
Part C; The Curriculum Sec, 82
in this Part Ci (Sections 59,69),
Sec, 83;. (2) The Three Groups, For explaining the
trend of law curricula, therefore, the courses fall into three groups*
These may here he tormed, for convenience; Occupational, Technical
(Al) ; Occupational, Pragmatic (A2) ; and Professional (or liberal}
(B).
(Al) • Occupational,. Technical, signifies that vast body of
thousands of rules and principles which together form the present law
of the State and the Nation, They may be studied and mastered* both
abstractly and concretely, from the printed books, either cases or
statutes, or treatises. They represent the principles and rules,-
like the binomial theorem, the multiplication table, and the like.
In the Law curriculum, they include all courses not falling under
A2 or B below. They are here termed Occupational, because, they are
necessary and sufficient t for the lawyer's knowledge (not skill) in
pursuing his occupation as a livelihood.. But a lawyer who knows only
these is a lawyer in the narrow sense,—as a builder or carpenter is
distinguished from an architect.
(A2) Occupational, Pragmatic, include those courses which seek
exclusively and specifically to show the application of the rules in
practice, and to cultivate skill in their use before the student
actually attempts to earn his livelihood with them. Of course, All
courses under Al do this more or less; that must not be forgotten; but
that is incidental in those courses; here it is the exclusive and
specific purpose. In the 1925-6 Bulletin of this School this .group
-188-
Part Gï The Curriculum Secc 83
would include: Legal Bibliography (Use of Law Books)' Preparation
of Transactional Documents, Office Briefs, Legal Clinic, Criminal
Clinic, Conveyancing, Corporation Practice, Practice Court, Codes and
Statutes, Professional Speech. It would not include the usual so-
called Procedure courses, because their main pabulum (in almost all
Schools) is the rules themselves, as found in printed books, and
not the use of the rules in point of skilled application of them.
(B) Professional subjects are those which tend to evoke in the
lawyer the Capacity (if latent) to be an architect and not merely a
carpenter. They represent that knowledge and understanding which makes
of the law a profession, an applied science (ante, Sec; 13), and
without which it could hardly merit the high term of "profession";
hence that name here used. The names "cultural" and "liberal"
sometimes used, have other and irrelevant implications and are there¬
fore apt to be misunderstood.
These courses, in the 1925-6 Bulletin, include: professional
Ethics; History of Bench and Bar; General Legal Literature;
International Law; Conflict of Laws; Legislative Methods; Analytical
Jurisprudence; Roman Law; Contemporary Legislation; Historical
Jurisprudence; Philosophy of Law; Theoretical Jurisprudence; Anglo-
American Legal History; Comparative Civil Procedure; Criminal Science;
World1s Legal Systems, The demand for the inclusion of this type of
subject was voiced often, since 1890, in the Reports of the Committee
on Legal Education of the American Bar Association. But little came
of it; the Schools were at this period too engrossed in the struggle
over the case-study method. Finally, however, Professor Redlich's
Report on Legal Education (the Case Method) in America, made to the
-189-
Part G:
The Curriculum Sec. 825
Carnegie Foundation in 1914, placed such emphasis on the lack of this
group of studies (pp. 40-47, 63-66) as a defect in even the hest
American Schools, that their recognition could not longer be delayed,
in view of the emphatic and weighty recommendations of this foreign
critic. His concluding words may here be quoted:
"If men like Roscoe Pound and John Wigmore are the very
ones upon whom we pin our faith that modern American jurispru¬
dence will be able to solve step by step the mighty problems con¬
fronting American legal life, then I may recall here the sugges¬
tions which I made above. These had as cardinal feature the
addition of an obligatory fourth year of law study at the
universities and, in intimate connection with this, the organiza¬
tion of lecture courses and exercises of a strictly theoretical
and comparative nature, serving as conclusion to the case method
study of American Law, What has qualified Pound and Wigmore for
their deservedly valued and admirable achievements as legal
writers and teachers is—apart, of course, from the personal
talent of each—precisely that comprehensive outlook with which
the deep understanding of the Roman law and of the modern codes
of continental Europe, as well as their broad command of legal
philosophy, has endowed them....
"It seems to me, accordingly, that if the American university
law schools should adopt the policy of extending the course,
and above all of deepening it on the side of strictly the/6retical
legal science and comparative lav/, so as to try to reveal to the
younger generation in the law schools the true problems of the
common law and of modern legal development in general, this
policy would be in line with that of these typical men, and nay
be expected, despite all scepticism, to inaugurate a new era in
the development of Anglo-American law and of its science."
-190
Part C: The Curriculum Sec. 83
In consequence largely of that Report, American law schools have
"been gradually finding a place for this type of course in the curriculum.
How slow has teen the progress, in most Schools,' is shown in Table C 9
telow. But the foregoing will serve to explain the development and
present condition of this School1s curriculum.
Table C7 C
Years
Technical
A2
Pragmatic
B
Professional
Total
Total
Courses
Hou.
rs
i
Courses
Hours
Courses
Hours
Courses
Hours
No.
No.
%
No.
\
No.- %
I
No.
%
No.
%
1904-5
1925-6
42
43
92
98
.86
.68
5
10
7 1' «07
£
14 1.10
!
i
2
13
8
31
.07
.22
49
66
107
143
100
100
The above Table C7 reveals that during the past 20 years this
School has recognized the two pressing demands above described by
increasing the ratio of the Pragmatic group of courses from 7^ to 10^,
and that of the Professional courses from 7fo to Z2f0, So far as present
opinion in the Faculty can be gauged, the latter group has reached its
desriable maximum; but the former has not; for example, it is hoped
to extend the courses in legal Clinic and in Preparation of Transaction¬
al Instruments, when opportunity and finances permit.
Two things must be remembered, as to this and the next Table:
'(1) The Pragmatic feature of instruction is not represented sole¬
ly by the courses reckoned above under 12; for all case-study courses
are incidentally pragmatic to a degree, and in certain of them (e.gj
-191-
Part G: The Curriculum See, 83
V
in Procedure, Insurance, Evidence, etc,) the particular instructor
(in this and in other Schools) may devise pragmatic methods applicable
to his particular subjects.
(2) The ratios shown in these Tables refer only to the curriculum
offerings; they do not show the ratio as actually pursued by the
average student. So far^studies are prescribed in any group. Table
C3 shows the ratio actually taken; but in Schools making no prescription,
the facts would have to be searched for in the School records.
Table C8. Curriculum of Other Schools 1925-6 compared, as to purpose
1925-6
A 1
^ Technical
A 2
Pragmatic
B
Professional
Total
——r-
Courses
Hours
Courses
Hours
Courses
Hours
Courses
Hours
No.
%
No,
%
No,
%
No,
%
Harvard
41
133
•
oo
o
2
4
.02
9
30
.18
51
167
100
Yale
39
98
«71
2
6
.04
13
34
.25
54
138
lop
Columbia
42
127
.80
1
2
.01
10
32
.20
53
161
100
north¬
western
43
98
.68
10
14
.10
13
31
.22
66
143
100
Sec, 84. (3) Other Schools, compared. Table C8 reveals that
in Group A2 (Pragmatic) the other three leading schools tabulated have
apparently taken no steps yet in responding to the practitioners
demandé E. g. the Legal CliniG has been in operation at this School
(inconnection with the Legal Aid Bureau) for nearly 20 years; it has
192-
Part C; The Curriculum Sec. 84
teen a prescribed course for 5 years; yet none of the other metropolitan
schools have responded. The law School of Minnesota University is
apparently the only other School using it in substantial measure.
But it must be added that to the Harvard Law School is now affiliated
(for somelO years) an active Harvard legal Aid Society, managed by
students; however, its work is not pedagogically recognized, i.e. it
is not supervised by a member of the Faculty, nor is it recognized
towards the law degree. And yet the special advantage of supervising
it pedagogically is that only thus can the experience be systematically
coordinated so as to gain the most skill with the least expenditure
of time.
In Group B, on the other hand (due undoubtedly to the initial
stimulus of the Carnegie Foundation's Report) these three schools all
show ample recognition. The ratio at Horthwestern (22$) represents
a fair medium, neither the highest nor the lowest. The real differ¬
ence between northwestern and the other three is seen in the failure of
the other to require (Table c3) any use of these subjects by the
student as a preparation for his degree. The courses are there usually
classified as "graduate" subjects, meant for the few who aim at pure
legal scholarship, and not for the rank and file of lawyers. Yet
Professor Redlich's insistent recommendation was that this type of
study be made obligatory for all intending lawyers. It is the average
able graduate (not the elect scholar) who afterwards becomes the
legislator, the StateTs attorney, the judge, the bar association officer
and the counsel for nation-wide organizations, and who thus assists in
shaping or obstructing the progress of the lav;. Hence, the law school
-193-
Part C: The Curriculum Sec. 84
should aim at instilling him with the larger, the liberalizing, the
publicist, ideas (not merely technical ones). To aim only at the
elect few with these ideas is to miss their real service. At the
Harvard Law School today, out of 1300 students, only a score or so
are registered for these graduate courses; and (in the absence of
figures) it may be assumed that those of the 3d year students who
take them are very few. The principle frankly professed at Northwestern
is rather that the rank and file of the future lawyers should be in¬
oculated with this group of ideas, so far as any latent capacity for
them can be developed.
Sec, 85, (4) Comparison as to Modern Subjects in general.
In valuating the progress represented by the above four Schools, on
1;he lines represented by the Carnegie Report aid the practitioners
demands, account should be take of the inertia in the environment,
which retards progress for most School desiring to be progressive.
Very few other Schools have responded in marked degree to the above
demands, and the adequate responses actually made have usually taken
place in narrow fields only* The below table C9 was compiled in 1921,
and forms part of a report (minority) by the Dean of this School to
the Association of American Lav/ Schools, It selected 12 subjects, which
had at various times been urged for a place in the curriculum and
had all found a place in at least 2 schools; the proposals had come
from respectable and even authoritative quarters; these subjects
were as follows:
Part C: The Curriculum Sec, 85
1. Criminology or Criminal Science and Modern Penal Methods.
2. Philosophy of Law and Jurisprudence.
3. Anglo-American Legal History.
4. Legislative Drafting, Statutes, and Problems of Contem¬
porary Legislation.
5. Roman Law and Comparative Law#
6. Legal Bibliography, Brief-making, and the Use of the Law
Sources.
7. International Lawi
8# Legal Clinic.
9# History of the Anglo-American Bench and Bar, or Legal
Biography.
10. Professional Ethics.
11. Professional Speech, or Forensic Voice-training &
Delivery.
12. Reform of Civil Procedure & Judicial Administration.
Of these 12, 3 would fall under Group A2 (Pragmatic) and 9 under
Group B (professional). If the tendency to progress were strong, all
or many of these proposals would have received recognition in many
schools. Yet the net result may be summarized by the figure of
hardly more than 20$ progress. If all these 50 Schools, members of
this Association, recognized all of these subjects, then, allowing
one point to each subject, the total possible points, representing
the normal or maximum of progressiveness, would be 600. In fact, the
total points scored are only 140, or 23.3foi Making all allowance
for difference of opinion as to some of the subjeots, this percentage
is so low as to deserve the verdict of "guilty of lack of progress"•
-195-
Part C: The Curriculum Sec, 85
It is not otherwise explainable.
But on examining the specific subjects, we note that the small
progress, such as it is, is concentrated on only a few of these
subjects. The figures for each subject are as follows;
Table C9i Modern Subjects, showing number of Schools Offering, 1921
Subject Ass'n Tally
on 50 Schools
1. Contemporary Legislation, Statutes, or legislative
Drafting 10
2. Jurisprudence or Legal Philosophy 11
3. Roman Law, Civil Law, or Comparative Lav/ — 15
4. Legal Clinic 6
5. Legal Biography 6
6. Legal History {Anglo-American) —*— 10
7. Legal Bibliography, or Use of Law Sources —— 22
8* Professional Ethics 22
9, Criminal Science or Modern Penal Methods 2
10. Professional Speech 5
11. International Law 28
12» Reform of Procedure — —-—— 3
Total 140
The most typical and tangible instance here recorded is the subject
of professional Ethics; although that subject emerges as the course
receiving second widest recognition» yet the number of schools giving
it is only 22, or about two-fifths of all, and this too, at a date
thirteen years after the American Bar Association had promulgated its
%
-196-
Part C: The Curriculum Seo„ 85
Code of Ethics and inculcated its study in law Schools. So, too,
International Law is represented in only 28 ou_t of the 50 schools,
or a few more than half; and this, seven years after the American
Society of International law had pressingly urged its recognition,
and in a period when International law has become a matter of
universal professional discussion. These two instances exhibit the
ox-like inertia of law faculties to yield even to the goad of the
most obvious demands of progress in the curriculum.
Viewing the facts from another angle, we may ask whether there
is perhaps in these 50 Schools any particular group or faction that
show a respectable high average of progress. The figures show the
contrary:
Table CIO. Number of 50 Schools giving numbers of Modern Courses
Schools recognizing Number
All twelve courses 0
Eleven " • —1
Ten " 0
Nine " 0
Eight " -0
Seven " 1
Six " —2
Five " — 8
Four " 7
Three " ——5
Two " ^
One " 9
None " 8
Part C: The Curriculum Sec» 85
Not one school recognizes all twelve of them; just one school recog¬
nizes eleven of them, only 4 schools recognize as many as six of the
subjects; 8 schools, or one sixth of all, recognize none at all of
the subjects; and 26 schools, or more than one half of all schools,
recognize only two or less of the entire twelve subjects. Thus over
85$ of the possible progressive features of the modern curriculum find
no recognition in more than one-half of the schools that are members
of this Association.
No doubt some progress has been made, in many of these Schools,
since 1921. The figures are here given to illustrate the slowness
of any progress to be expected in the law curriculum of the great
body of Schools. Herein, however, those schools are no different
from other professional schools, or even from colleges in general.
But,.another lesson from the figures is the need of hearty support
to be given by its own University authorities to any School whose
Faculty has convictions and aspirations for progress in the construc¬
tion of the curriculum*
-198-
Part C: The Curriculum Sec. 86
I2T» Courses Classified as to Source-Materials
9
Table Cll, Courses, classified as to Source-materials , in Semester Hours
12 3 4 5 6
Judicial Legislation Textbooks Sundry Students» Lecture-
Opinions Printed Personal ~ notes &
Sources Experience Discussion
No.
%
No»
%
No.
%
No.
%
No.
%
No.
%
T;
1925-6 95
68
10
7
4
3
19
14
11
8
1
0
1
Sec» 86. Courses Classified as to Source-Materials, It
remains to notice the extent to which judicial opinions are used as
the sole or substantial materials for the students' use (case-study
method) in the several courses.
Naturally, the two trends and demands above described (Sec. 83;
the Pragmatic and the Professional) would lead away from the exclusive
use of judicial opinions as the source-material. Especially would
the trend recommended by Professor Redlich have this tendency; and
the passage above quoted from the article by the Dean of this School
may serve as another presentation of the same consequence.
The above Table Cll, without attempting to trace the growth of
this feature during the past years shows the present practice in this
School as to kinds of materials used. The measurement is in semester-
hours. In classifying the courses, when a course uses as materials
partly judicial opinions or partly text books or partly legislation,
-199-
Part Cî
The Curriculum Sec. 86
a rough allotment is made of the (estimated) ratable share of semester
hours attributable to each kind of material.
The result revealed is that virtually no courses are conducted
by set lectures alone; the sole course (Juristic Analysis) using
lectures alone depends largely on class-discussion and uses one or
two reference-books.
The column entitled "Students Personal Experience" signifies tha-f;
work of -various sorts on various materials, of a pragmatic nature, is
assigned to be done by the student^, and that they are judged by the
work so done; some of the materials may or may not be printed. The
Pragmatic courses (Table C9) naturally here form the bulk of the
list; they represent 8$ of all hours.
The column entitled "Sundry Printed Sources" represents chiefly
courses of the Professional group (Table C9) i. It covers 14$ of all
hours offered.
The "Textbook" column signifies texts of law in the technical
sense,—not sundry treatises on Jurisprudence, Roman Law, etc, which
are placed under "Sundry Printed Materials". « It covers less than
3$ of the whole.
The "Legislation" column represents some 7$ of all semester hours.
But this signifies materials exclusively or substantially legislative;
naturally, any course at all may incidentally deal with statutes. Of
the courses here covered, one is Pragmatic, the others Professional.
The "Judicial Opinion" column shows that 68$ of the total hours
still use judicial opinions as the sole or basic materials. Whether this
is the ideal figure has never been precisely debated in the Faculty of
Law. But it indicates that the recommendations of Professor Redlich
as to lessening the ratio of this class of materials to the whole
curriculum have received recog'niticg^n this Schools
Northwestern University Law School Educational Survey 1925.
Part D; The Students
This Part is divided under two general heads*
Sec. 90-111 Division (A): Scholarship, etc.
Sec. 112-134 Division (B): Student Numbers.
-201-
Part D. The Students
Division (A):
Sec. 90
Sec. 91
Sec. 92
Sec. 93
Sec. 94
Sec. 95
Sec. 96
Sec. 97
Sec. 98
Sec. 99
Sec. 100
Sec. 101
Sec. 102
Sec. 103
Sec. 104
Sec. 105
Sec. 106
Sec. 107
Sec. 108
Sec. 109
Sec. 110
Sec. Ill
Division (B):
Sec. 112
Sec. 113
Sec. 114
Scholarship, etc.
Method of Measuring Scholarship
Poor Marks
A and C Marks
Average of Scholarship
General Ratio
Summer Term Ratio
Illinois Law Courses Ratio
Special Purpose Courses Ratio
Non-resident Members* Courses Ratio
Staple Courses Ratio
Grades Analyzed "by Sample Classes, taken entire
Grades Analyzed by Stages of Law Study
Instructor*s Coefficient of Good Marks
The A grade Ratio
Variance of Individual Students
Scholarship of Students not Completing Curriculum
Hours of Preparation of Work
Honors and Prizes
Social Relations
Moral Control; the House Committee
Athletics
Outside Gainful Employment
Student Numbers
Enrollments and Law School Requirements
Particular Years
Effect of College Degree Requirement in Other Schools
-202-
115
116
117
120
121
122
123
125
126
127
129
130
131
132
133
Part D. The Students.
Handicap of High Requirements
Numbers in other Law Schools compared
Numbers in Other Universities compared
Student Turnover
Change of Size of Class
Persistence in Studies
Other Schools
Summer Term Attendance
Summer Term: Kinds of Students
Academic Preparation of Students
Geographical Distribution
Age at Entrance
7/omen Students
Religion of Students
Color or Race of Students
-203-
Part D: The Students: Sec. 90
Division (A): Scholarship, etc.
Sec. 90. Method of Measuring Scholarship. For more than 30
years past this Faculty has used the following rule: (printed in the
Annual Catalogue):
"Four grades are given: A, excellent; B, satisfactory;
C, unsatisfactory; D, failure. A candidate may offer for a
degree courses with grade C for only one-sixth the amount of
credit required to be obtained by him in this School, except
that he may also offer courses with grade C to the extent to
which he has other courses with grade A."
General Principle of 4 grades. No more than 4 grades are used.
Several times the proposal has been made to change to 5 grades. The
reasons for adhering to the settled practice are;
(1) There is no uniformity elsewhere: some schools are 5,
some 6, some 7 grades.
(2) There is no need of .uniformity; our own grades concern
only our own action on diplomas.
(3) There is no need of further subdivision; all grades
culminate in the answer Yes or No to an application for a degree;
and four grades suffice for obtaining data.
(4) There is no tangible common measure; even the centigrade
system leaves it uncertain what 90 means; to an optimist 90 has a
different meaning than to a pessimist.
Sec, 91. Poor Marks. By this system C is only 1/6 of a good
mark, and approximates a total failure. For a given paper, C serves
-204-
Part D: The Students: Sec. 91
as a serious warning. For a total record, G serves as allowing a
leeway to cover a modicum of casual deficiencies by the student and
casual aberrations by the instructor. The C mark itself, totalized,
leaves a student in the class of failures. It operates thus:
Student X, requiring 88 hours for a degree, presents 50 B and 40 C;
of the latter he can count only 1/6 of 88 = 14; thus his total is only
54, or 34 hours short. Student Y presents 70 B and 25 C; he can count
only 14 C; making 84 in all; he is thus 4 hours short. Student Z
presents 80 B and 10 C; he can count all of his C's; hence has 90 in
all, 2 more than needed.
Sec. 92. A and C Marks. The provision about A offsetting C
is intended to take care of cases where in some subjects the student
has shown high ability, so as to raise the presumption that his C was
due only to a casual deficiency or to an instructor's aberration.
The A ratio. A is meant to be an unusual mark. It should be
given only where the student's work stands out notably above the rest.
Opinions will differ as to the ratio of A marks in 100 students; some
instructors would think 5, some 10, to be the normal number in 100.
The general tendency is apparently to be too liberal with A's.
Sec, 93. Average of Scholarship. The following Table D 1
includes (1) data obtained by a survey of marks made in 1909 for the
10 years 1895-1905 taking students who had completed all 3 yea.rs, thus
-205-
Part D: The Students: See. 92.
omitting the lapsed ones, and therefore "being higher than for the
general mass; (2) data obtained in 1925 by talcing all students in
sample years 1916-17, 1919-20, 1923-4, 1924-5. In each course the
total number of credits was multipled by the semester hour co-efficient
for the course; Col. 1 thus shows the relative bulk of the courses to
which the ratio of good marks applies. The ratio was obtained by
taking the percentage of total A and B marks to total A, B, C, & I)
marks.
Sec. 94. General Ratio. Table T) 1, line 1, shows an average
for four separate years, between 1916-17 and 1924-5, of 69.8$ of good
grades; the extremes ranging 9$. This covers what are here called
"General courses", i.e. three fourths of all grades given. The range
goes steadily upward, though the figure is still far below what it was
in the period 1895-1905.
Bo definite explanation can be assigned. The last two years
represented were years when most of the student-body were on the new
basis of the 3-year college requirement; this may be in part the cause.
Sec. 95. Summer Term Ratio. Table D 1, line 2, shows an
average, for the summer courses, of 70.7$ of good grades,—a figure not
appreciably different from the "general courses". The summer courses
have been intended and used for students continuing their normal work,
and not for students required to make up deficiencies; and the stand¬
ard of achievement was supposed to be the same as usual—as it now
-206-
Part D: The Students: Sec. 93.
Table Dl: Grades awarded in Courses, classified by years
and subjects.
Courses
Average
Percentage of A B grades obtained
Sem.hrs.
1895-
1905
1916-17
1919-20
Yearly Average
per yr,
1916-25
1923-4
1924-5
1895-1925
1916-25.
1. General
Courses
4532
82
64.9
68.9
71.7
73.9
72.3
69.8
2. Summer
Courses
571
-
—
73.1
62.3
76.6
_
70.7
3. Illinois Law-
Courses
90
-
73.2
73.9
87.7
89.5
81.1
4. Special pur¬
pose Courses
810
-
77
76.6
84.1
82.8
_
80.1
5. Resident Fac¬
ulty Courses
2806
-
66.3
64.6
72.6
72.4
—
69
Non-resident
Faculty
Courses
1715
62.5
75.2
70.6
76.7
71.2
6. Individual
Courses
1st year:
Contracts
•377
55.4
56.9
62.3
85.1
64.9
Torts
409
-
65.2
75.7
72.7
73.8
-
71.8
Civil
Procedure
295
-
55.8
49.5
63.6
62.1
—
56.2
2d Year;
Equity
326
-
69.2
63.6
85.1
73.2
-
72.8
Evidence II
136
-
95.2
73.9
69
40.3
-
69.6
Negotiable
Instruments
159
-
37.5
33.9
65.2
66.7
_
50.8
3d Year
Const. Law-
216
-
76.7
67.1
80
81.2
-
71.2
Corporations
192
-
70.7
73.5
66.7
80.4
-
72.8
-207-
Part D: The Students: See. 95.
proves to he. But owing to the use of supreme court fudges as part of
the personnel, it had been a matter of speculation whether they were
using the same standards; it now appears that they were.
Sec. 96» Illinois Law Courses Ratio. Table 3) 1, line 3,
shows an average for Illinois Law courses, of 81.1$ of good grades,
with a range of 16$, steadily upwards. This upward trend has appeared
only in the last two years, and may he due in part to lack of judgment
in some lecturers (although in the annual conferences the subject is
always mooted). But it is chiefly due, probably, to the fact that
since the expansion of these courses they are attended as listeners
only by many who value them only for their assistance towards the bar
examinations and who do not trouble to take the examinations; hence,
the grades are given only to the select few who have really done work
and take the examinations. The total credits being less than l/45th
of the entire mass, many students do not seek to obtain and use the
credits.
Sec. 97. Special Purpose Courses Ratio. Table D 1, line 4,
shows an average of 80.1$ of good grades for the special purpose
courses. In view of the "special purposes" involved, this ratio would
run higher than the general one. The following explanation is ma.de:
The Faculty here desires to distinguish two kinds of courses:
A. "General Purpose courses";
B. Special Purpose Courses
-208-
Part D: The Students: Sec. 97.
(h) disciplinary ("No-failures allowed") courses:
(c) Inoculative ("exposure") courses;
(d) gymnastic courses;
(e) productive ("do-your-own thinking") courses.
A. corresponds to the ordinary college courses; B (b) represents
courses in which every student must he made to pass; (c) represents
courses which it is hoped will inspire the right minds, hut it is not
known which they are, so all are exposed to the good contagion; (d)
represents courses like the requirement of three days a week exercise
in the gymnasium; (e) represents courses in which the native talent
for thinking is so variant that ordinary measurements are out of the
question. In types (e), (d), and (e), the doing of the work is the
main thing; the attribution of a B is a mere convention, to fit the
general scheme of marks; "passed" or "notpassed" would be more ap¬
propriate. The following classification is more or less tentative:
-209-
Part P: The Students: Sec. 97.
Course - Classification by Purpose.
A. General Courses
All Courses not listed "below
B Special Purpose Courses
(b) "no-failures-allowed"
(disciplinary) courses
(c) "Exposure" (inoculative)
courses
(d) "gymnastic" courses
(e) productive ("do-your-
own-thinking") courses
General Survey I - General Survey II
History of Bench & Bar (legal Biography)
World*s Legal Systems - Historical Juris¬
prudence (Evol. of Law) Analytical Juris
prudence -Roman Law - Theoretical Juris¬
prudence
Practice Court - Codes & Revised
Statutes - Interstate Commerce - Legal
Clinic
General Legal Literature - Int'l Law II
(League of Nations) - Contemporary
Legislation - Philosophy of Law -
Criminal Clinic.
-210-
Part D: The Students: Sec. 98
Sec, 98. Non-resident Members1 Courses Ratio. TableBl, line
5, shows an average of 69$ good grades for resident members of the
Faculty, as compared with 71.2$ for non-resident members. The dif¬
ference is not appreciable; and in two of the four individual years
represented, the difference showed the opposite relation. The upward
trend in both groups corresponds to the upward trend, in general, of
the two years, and is explainable as in line 1 of this Table,
Sec. 99. Specific Courses Ratio. Table D 1, line 6, shows
the variant averages for eight specific staple courses, i.e. courses
which are implicitly required in the first year, or are deemed by
most students necessary to elect in the later years, and thus are taken
by the general mass. In four of the eight courses, the instructors
changed at the middle of the period. But this does not explain all of
the variances for the same instructors, in two courses, varying at
different years 14$ and 33$, (The high grade in Evidence II in 1916-
17 was due to war conditions in the second semester, needless to en¬
large upon).
In every year, these eight courses represented six different
instructors, all of them long seasoned in law school work. The in¬
ference, drawn by the Bean of the School, confirming his prior im¬
pressions is,first, that there will ever be a wide difference, of
individual standards, due to differences in temperament, nature of the
subject, and treatment of materials; that this difference is incom¬
municable in words and incapable of standardization; but that it is
a perfectly normal and healthy feature of humanity, and that in a
-211-
Part E: Tho Students: Sec. 99.
faculty of ten or twelve persons this varimce averages justly for the
individual student in his course as a whole.
In a law school generally, and in this law school in particular,
the danger, noticeable in colleges, of finding "soft" courses elected
by lazy students, when the coefficient of a course is known to be un¬
usually low, does not exist.. In the first place, the variance shown
in the above Table does not notably attach to a particular course.. In
the second place, the staple courses of the first year are virtually
prescribed. In the third place, the staple courses of later years are
elected regardless of supposed difficulty, because the student deems
them professionally necessary. And in the fourth place, in point of
fact, there exists, so far as appears, no practice -among the students
to take a particular course because it is "soft".. The ""special pur¬
pose" courses do have a higher average of grade than the others.; but
the reasons for this have been explained above, moreover, most of them
are on the required list.
-212-
Part P: The Students: Sec. 100.
Table 12: Grades analyzed by Sample Classes, taken entire
Class
entering
First Year
fo A, B
—- - j
Second Year !
f A, B
,
Third Year !
fo A, B
Average
fo. A, B
1913
71.2
73.1
82.4
75.8
1916-1918a
79.0
82.0
1918a
72.6
81.0
74.0
1919
65.7
65.6
78.2
69.8
1920
69,2
80.8
80.0
76.5
1916-1921a
L-
77.1
aThe data for these years marked a were obtained from a study
started in the Law School in 1921, but not completed.
Sec, 100. Sample Classes, graded, One way of analyzing the
quality of student achievement is to tgke sample masses in different
years, including the entire group that happens to come together in
this School in a particular year. Such a comparison includes two
non-homogeneous elements, viz, (1) those who drop out at the end of
one or of two years, and (?) those who come in from other Schools in
the second or later years.
The range of averages in the 12 separate masses covered by the
above Table is from 65.6^ good grades to 82.4$ good grades. No
particular inferences can be drawn.
The progress upwards, from first to third year,, shows always a
noticeable improvement; but the mass being heterogeneous, this feature
is not so significant as in the next Table.
,.213-
Part D: The Students: Sec.- 101.
Tahle
I) 3; Grades
analyzed by Stages of Law Study
Class entering
Stage of Law Study, and Percentage of
Good Grades
Year I
Year II
Year III
Averages
1895-1905. (*)
81
84
85
82
1913
86.4
81.7
86.4
84*8
1919
85.5
79.5
86.5
83.4
1920
75.9
82.7
84*8
80.8
Sec. 101. Stages of Law Study Graded. A more significant
basis of comparison is found by talcing an identical group of individ¬
uals and following them through thei? year-stages of study. This
method omits those who drop out before finishing their studies and
those who come in after beginning studies elsewhere. Thus each group
is homogeneous, in that it represents the same students talcing the
same general curriculum under the same group of instructors.
(a) As to progress from year to year, there appears to be no
uniform tendency; for two of the four groups go down, not up, in the
second year; the same two go up in the third year, and slightly above
the other two, hut not appreciably above their firsWyear figure.
(*) From a paper by J. H. Wigmore and F. B. Crossley, "A
Statistical Comparison of College and High School Education
as a Preparation for Legal Scholarship" (Proceedings of the
AssTn. of American Law Schools, 1909, p. 112).
-214-
Fart D: The Students; Sec* IOI4
But it is noticeable that both the starting and the closing figures of
a-^ four of these groups much higher than the miscellaneous groups
represented in Table D2. This is explainable chiefly by the fact that
in that Table are included those who are eliminated in the first year.
In other words, those who have the endurance to complete the course are
also those whose initial and constant work-quality is better.
For explaining the upward progress from first to second or from
second year there is no sure reason; because two or three opposite
influences may be at work, in the first place, instructors may attempt
to set a faster pace for classes seasoned to legal thought, and this
ought to keep down the grades. But in the second place, the student
is better able to follow at a faster pace, and this ought to equalize
the grades. In the third place, the weaker students have mostly dropped
out, and thus the grades should average better. And in the fourth place.
the course of the second and later years are chiefly elective, and hence
the student has an opportunity to make better grades by settling down
to those courses in which he finds himself more likely to do well. In
view of these differing and untraceable influences, no sure inference
can be drawn as to a normal tendency specifically due to improvement of
the individual*s quality of work.
(b) But in comparing the first year only, for different groups,
a definite fact is perceivable, viz. that there may be a 10$ range of
difference between the several groups in the (juristically) untrained
talent which they bring at entrance* In the years 1919-20 and 1920-21
the personnel of the Faculty for the first year class was virtually un¬
changed ; hence the averages represent virtually a difference of student-
quality; moreover this group of students represented those who endured
-215-
Part 3):' The Students': See. 101.
throughout three years. This 10$ range may therefore be taken as a
constant possibility.
See. 102. Instructor's Coefficient of Good Marks. Twice in
the past 17 years the figures have been cast for the instructor's
coefficient of good marks, i.e. the ratio of A B to total A B C 3) marks
given by him. The method used was to add the total number of credits
given in each course by him, i.e. a 3-hour course counted for 3, a 1
hour course for 1, and so on; e.g. in a class of 50, with 3 hours
credit for the course, a return of 30 A's and B's was credited as 90
units.
(1) The first calculation covered a period of 7 years (about
1903-1910); but the record cannot now be found. It is remembered only
that it ranged between 60$ and 80$. Only resident professors and other
faculty-members having at least 3 courses annually were rated.
(2) A second coefficient was drawn in 1919-20, but for that year's
marks only. This range was too small to be of service. Here it may be
noted that the coefficient for the 5 resident professors ranged from
56$ to 74$, and for 5 others from 41$ to 82$. The 5 resident professors
stood thus; 56, 56, 60, 67, 74.
(3) No presentation is here given of the individual instructors'
coefficients as shown in the sample years tabulated in Table 3) 1.
216-
Part P: The Students: See. 103.
Sec. 103. The A grade Ratio. Taking Line 1 of Table P 1,
(ante. see. 93), and expanding it to show the ratio for all 4 grades,
we find:
Table 1 4, I
ae A Grade
Hat io
Year
»
A ratio
:
B ratio
C ratio
P ratio
A, B ratio
1916-17
12.1
52.9
28.2
6.8
64.9
1919-20
12.6
56.3
23,2
7.9
68.9
1923-4
21.9
49.9
22.1
6.1
71.7
1924-5
23,9
49 o5
22 = 3
3,9
73.9
Average
16.7
52 «6
24 = 4
6.3
69.8
The ratio of A's nearly doubled, as between 1916-17 and 1924-5.
There is no obvious explanation, except changes in personnel of the
Faculty and increase of entrance-requirements causing better student-
quality. The opinion may be offered that, even in a 4-grade system,
the ratio of A in the last two sample years is too high. Such a ratio
tends to destroy the significance of the A, "excellent", i. e. notably
excelling the good mass.
Sec. 104. Variance of Individual Students. In 1920-21 a study
was made of the range of variances between individual students in re¬
spect to total good marks. For each class, during sample years, each
name was assigned the total fo of good mark's obtained, and then the name
were grouped in the order of that percentage from high to low; thus 100
-21-7-
Pr.rt D: The Students: Sec. 104.
10 names, 95-99$, 6 names, and so on. The entire list of quantities
for each grade was then plotted, with this result, in Graph I) 5,
exhibiting not only the widest variance between classes, but a wide
variance between the same class in different years; as to the number
of individuals finding high places.
Sec. 105. Scholarship of Students not Completing Curriculum.
In 1921 a study was made of the relative scholarship of students leaving
the school before completion and students returning for completion. It
was thought that this would throw some light on (a) the real motives for
leaving, (b) the quality of those who persist.
On account of the frequently fractional periods of a student's
course, the semester was taken as the unit. Thus the basis of the
figures was the total number of semester hours represented by one
student to each group. The grades used in the School being four,
viz. A B C D, the total of A B credits was treated as good quality,
and the total of C I credits as poor quality.
-218-
GRAPH D5- Sec. /04-
N U. Lau School Educational survey - t92s
Graph Shou/ng Distribution of Good Graded Opr/imo
In Various Classes by Individuals
-
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A*
KEY :
UP -- NUMBER OFTE/TS0N5, /SPACE TO / PF/fSON
ACFOS5 - "A Of600D G FADES OBTAINED, /OZ TO 5 SPACES
A = CLASS Of P2/f 2"° Vf A ft
A' = ft* # 2* YEAP5
& s „ /?20 j»l yea/1
O « •• •• '• S YEAPS
C ■= » •• 1923 Is* YEAN
Part D: The Students: See- 105.
The figures were as follows*
Table D 6: Scholarship of Students not Completing the Curriculum
103 Returned Students and 43 Non-returned Students
Total
Semes¬
ters
Total Marks
Average
Credits
^per
Semester
Average
No. of
AB
Average
No,, of,
CD
$ of
good
' marks
ABC!
AB
CD
Returned
286
3750
2635
1115
13.1
9.2
4
70.2
Students
Non-re¬
turned
121
1061
682
379
9
5.6
3.1
62.2
Students
The obvious inference from these figures for one year is that
the non-returned students had been unable to match the others either
in quantity or in quality of work.
Sec. 106. Hours of Preparation of Work. A return was madp,
in May 1924, on blanks used for the College Survey., of Students' time
spent weekly in preparation for the respective courses. But the returns
have not been coordinated with the scholarship of students making them;
.moreover, they called for average time spent during the previous semes¬
ter, based on recollection; for these reasons of unreliability they have
not been studied for this Report. Moreover, there is not the same need
for suoh data here as in the College.
-220-
Part Dj The Students; Sec.105
See. 107. Honors and Prizes. (1) Prizes. Until recently,
there wore six money prizes "based solely on scholarship^ The names
of the prize-winners were published in the School Catalogue and in
the Commencement Program. Two of the prizes were based on general
scholarship. Four were based on essays on special subjects; those
have not been completed for in several years past. The Faculty,
pending consideration of the reorganization of this part of the system,
has suspended the offer of the first two above mentioned.
Whether money prizes should be awarded at all is a subject of
difference of opinion, both in the Faculty and in this Committee.
(2) Honor List. Publicity in the School oommunity is much relied
on by the Faculty as a stimulus and a just reward. For this purpose
an Honor list is prepared. Rules printed in the Catalogue prescribe
the minimum requirements of eligibility (by scholarship) for this
list; and then, at oach October mooting annually, this Faculty by vote
select those to be named for Honors. Two grades arc named; Highest
Honors (2 or 3 names) and Honors. Each Class has its own award of
these two grades.
Publicity is given in 5 ways; (a) The names of the Honor List
arc posted on the official Bulletin Board, and remain there throughout
the year. (b) The names are printed in the Annual Catalogue. (c)
Each name for the Highest Honors for all classes is inscribed on a
tablet, and the tablet affixed to a column in the library, to remain
throughout the year, (d) For the graduating class, the names arc
designated in the Commencement Program, (e) For the first year Class,
a handsome silver cup, the gift of the Class of 1924, is presented to
the highest member, with his name inscribed; but the cup remains on
exhibition in the School.
-221-
Part D: The Students* Sec. 107.
(3) Criticisms of the above system may "be thus noted*
(a) Within the Honor Lists should not rank be further shown by
arranging the names in order of rank, and not alphabetically, as now?
On this point, opinions differ, in the Faculty and in this Committee,.
(b) Should not a ranking-list be published for each course of
study? One instructor does this already. Each instructor is at
liberty to do what he prefers. Opinions differ in the Faculty.
(c_) Should the Honor List be based on percentage of A's (or of
A's and B's), or on quantity? Originally it was based on quantity,
but now on percentage* ATs first are reckoned, and BT s only in case of
a tie. Opinions differ as to the wisdom of a change.
(d) Should all class lines be ignored and the Honor list based
on percentages for all individuals, placed on a single list? There
would be mechanical difficulties, due to the entrance of students three
separate times in the year, and to other circumstances in the .-cur¬
riculum. No student demand for a change has appeared. Opinions differ,
in the Faculty.
(4) The Illinois Law Review Editorial Board carries 9 associate
student editors. This personnel is selected by vote of the Faculty,
based on Scholarship, and has come to be deemed a special honor by the
student body at large.
Sec. 108.» Social Relations. No dormitory or campus life was
found, until removal to the new McKinlock Campus. Students board on
the North Side or live at home. The Social activity in the school
includes "Forum" meetings arranged by the Y. M. C. A. (which is active)
-222-
Part D: The Students: Sec, 108,
and a series of addresses tinder the same direction — at both of which
simple refreshments are served and an effort made at sociability.
These are supplemented by occasional song-gatherings, bringing out the
best and most enthusiastic manifestations of the college spirit. The
School has its own songs, some 20 in number, and in some years an
orchestra of students has been formed. The most valuable feature of
student-intermingling is the natural and spontaneous discussions in
XiOWden Hall — an assembly and smoking room where the student relaxes
between lectures .and at leisure periods. The above sums up the Schools
social activities as hitherto obtaining, except those of the Senior
Class-Senior Dance, DeanTs Commencement Reception, Alumni Banquet, etc^
In addition there are some Group activities, mainly confined to the
law fraternities, of which there a.re some half a dozen. Ho privileged
quarters are conceded to the fraternities.
Since removal to the McKinlock Campus, the Allerton Club, near by,
has supplied a limited number rooms at a special rate for students; and
the advantages of dormitory life are here equalled.
Sec, 109. Moral Control: The House Committee. Moral standards
are clearly defined, and are under close supervision of a student organ¬
ization, the House Committee (composed of three students chosen by the
senior class, two by the junior class and one from the entering class),
To this body has been delegated by the Faculty, for some 20 years past,
the interior discipline of the school; and it has functioned successfully
It has the moral support of the student body and considerable prestige;
consequently, its regulations as to orderly conduct, etc. are
-223-
Part D: The Students: Sec. 109.
automatically carried out. In addition, it investigates and determines
any charge involving misconduct in the school, such as cheating at
examinations, etc. and more rarely passes on matters outside the school
life involving moral turpitude which would indicate a student to be
unfit for association with his fellows. Its jurisdiction, however,
does not cover anything happening previously to matriculation, nor
does it attempt to regulate the student's conduct outside of the school
premises.
The Committee's findings and penalties (based on a hearing at
which the accused is given an opportunity to present his defense).have
been invariably followed by the faculty. An appeal to the faculty from
the Committee only lies on the issue whether the accused had a fair
hearing — in other words, "due process of law". The facts found are
not reviewable. Self-discipline is the best discipline; and the House
Committee, bound by its own traditions, the highest possible view of
legal ethics, and aided by the legal and judicial knowledge acquired in
the School (being dominated by the upper class men), functions smoothly
and efficiently. Such is the report of the Alumni member of this
Committee.
Organized religious activities on the school premises do not exist,
except through the Y. M. C. A. Even this activity is unobtrusive, being
confined along certain lines -- such as directing a, new-comer to a
suitable church and the like. The social service of the Y. M. C. A. is
most valuable, taking good care of the out-of-town student, recommending
him to desirable rooms, etc. which previously have been investigated
carefully. A committee, elected by the students, cooperates with the
local y. M. c. a. secretary and arranges many entertainments, smokers,
etc. which help along the school social life.
-224-
Part 3): The Students: Sec. 110.
Sec, 110. Athletics. No athletic activities were hitherto
possible at this School. It was too far away from the Evanston campus
to allow participation in the College athletic life -- even if the in¬
dividual student was available and eligible. Nor did the Faculty favog
participation by the law students in intercollegiate athletics; such
participation in the first year was not allowed. There were no gym¬
nasium facilities, although they would be enjoyable and profitable to
the brain-fagged student.
The new McKinlock downtown campus will doubtless supply both out¬
door and indoor athletic facilities. The opportunity to use them would
undoubtedly have a healthy uplifting influence and would probably tend
to a greater interest in the life around the school, and would keep the
student from depending entirely on less wholesome city distractions for
his recreations.
Sec, 111. Outside Gainful Employment. Many of the students are
obliged to seek part-time gainful employment outside (the exact number
and the amount of time spent, have not been investigated in this survey);
and often this work is with some law office or some related phase of the
field for which they are being educated. The Y. M. C. A. Bureau
functions well as an employment intermediary, and passes on to students
capable Of proper response all requests for part-time employees coming
from alumni or other employing bodies.
This activity is limited by the practical difficulties of a day¬
time law student accepting day-time employment. Firms and Practitioners
cannot afford to have their office routine interferred with by enforced
-2E5-
Part Pï The Students; Sec. 111.
absence of an employee at school lectures. Consequently, although a
steady demand exists for law students on the part of law firms,
abstract companies, banks, etc. the evening law schools must continue
to supply most of this material. Occasionally, some arrangement of
courses enables a student to function successfully both, in the school
and in outside employment. This problem can be often met successfully,
for the student who works his way, by making full use of the summer
courses.
Numbers of Regular Students 1892-1925.
Sec. 112. In General: (a) Only regular students are included
in this Table 1)6. The reason is that under Special Students the School
has conducted several extra-curricular classes, at times past, for a
year or a longer period and then abandoned them; so that the fluctua¬
tions in Grand Totals are misleading. Such courses have had from 20
to 60 students in given years. They are as follows;
Patent Law: Given 3 timos in E5 years;
Banker*s Course: Given once only
General Review
(Bar Preparation); Given for 10 years annually.
(%) The war-years 1917-19 are not included, first because the
depletion of numbers took away all significance as to growth, and
secondly because the Students* Army Training Corps in 1918-19 brought
a special class of students not all qualified under peace-time rules.
-22 6
Part D: The Students: Sec. 112.
Division B: Student Numbers.
Table D 6; Enrollements and Law School Requirements
The following Table D 6 and Graph D7, the basis for ensuing comments, are
based on School records:
No. of
Bar
Fee
Year
Regular
Entrance
Degree:
Prepara¬
Total
Students
Requirement
Years required
tion :Years
Regular Total
required
1892-93
170
High Sohool
2
years - 60
credits
2
yrs.
$ 80
1893-94
132
ii
2
years - 60
credits
2
It
8Q
1894-95
184
«
ti
II
2
11
80
1895-96
197
ti
«
ti
2
It
100
1896-97
176
it
tt
tt
2
If
105
1897-98
136
ti
3
years - 56
credits
2
it
105
1898-99
152
H
3
years - 60
credits
3
ti
105
1899-1900
176
II
it
n
3
ti
105
1900-01
150
II
it
it
3
ti
105
1901-02
142
II
it
ii
3
w
105
1902-03
139
ii
n
ii
3
n
105
1903-04
177
II
3
years « 66
credits
3
«
105
1904-05
205
ii
it
ii
3
ti
105
1905-06
223
II
tt
ti
3
t!
105
1906-07
218
II
«
it
3
ft
105
1907-08
241
«
it
it
1908-09
247
ft
it
ti
3
It
125
1909-10
255
IT
*
ii
3
tt
125
1910-11
239
It
»
it
3
N
150
1911-12
277
317
ft
tt
it
3
ft
150
1912-13
271
305
II
ti
it
3
II
150
1913-14
311
346
tt
it
n
3
ff
150
1914-15
325
350
High School;
but 1 yr. of
college if
under 20 yrs .
of age.
tt
n
3
ft
150
1915-16
321
337
it
3
years - 70
credits
3
»
150
1916-17
320
365
it
n
ti
3
n
160
1919-20
—If
259
279
Three yrs.
4
years - 88
credits
3
«
160
College
(3
and 80 for
AB students)
1920-21
187
201
n
tt
•I
n
3
ii
160
1921-22
202
225
it
it
1*
n
n
3
n
200
1922-23
192
215
n
H
tt
H
3
it
200
1923-24
153
209
n
1?
n
tt
3
n
225
1924-25
181
238
ti
It
90
n
ti
3
h
225
1925-26
212
245
»
ff
it
3
it
225
1926-27
256
277
m
«
ti
3
n
225
# War-years
-227-
GtfARW JD7—&SC.//2,
Al.il. Lore School Educational Surrey ~ S92<5
Student Numbers—'Variations m 32 Years
Part D: The Students: Sec. 113
Sec. 113. Pr.rticular Years. Spaces 18S3: Comments refer to the
annexed Chart D 7, The drop in 1893-4 was hue to the general notoriety
of the reorganization in 1891-2 and 1892-3.
Spaces 1896: The drop in 1896-7 was due to the raising of required
law studies from 2 to 3 years, taking effect in 1897-8; and preceded, q,s
usual, hy an abnormal increase in 1895-6, due to the rush to enter be¬
fore the new requirement was effective. By 1899, the former level is
partly regained, — a period of 3 years.
Spaces 1899: The large increase in 1899-00 was abnormal and
temporary, due to the fact that in the winter of 1897-8 the Supreme
Court announced a raise of requirement of law-studies from 2 years to
3 years, for admission to the Bar, effective immediately. This drove
into the School a large group who had begun their preparation on the 2-
year plan. But it later cut down the number of bar-aspirants, and the
effect was seen in lower numbers in the School -until 1903-4, — a period
of 5 years.
Spaces 1903: Prom 1903 to 1909-10 the numbers increase steadily,
— an increase of 44$ in 6 years. Then in 1910-11 a temporary drop
occurs, due to the increase of the tuition fee from $125 to $150, —
the latter amount being then the highest charge in any Eastern School.
Spaces 1912: Then for 3 years the numbers increase steadily, a.t
a ratio of 30$ in 3 years.
Spaces 1914: Then the admission requirement announced for 1914-15,
adding one year of college for applicants under 20 years of a.ge keeps
the numbers stationary for 3 years; though a temporary increase in the
first year is due to the rush of early registrants to enter before the
rule takes effect.
-229-
Part D: The Students: Sec. 113.
Spaces 1919: In 1919-20 the new stringent admission and graduation
requirements (announced in 1916) go into effect, viz. 4 or 3 years of
law study (instead of 3), and 3 or 4 years of college (instead of 1
year, or high school if 21 years of age), -- a total of 7 years instead
of 4 years. This signified a total addition of 3 years to preparation
for the profession via this School, — an enormous burden to face. At
this period only one other University School in the vicinity called fpp
6 years preparation; all the others, only 5 years. In the East (in¬
cluding Cleveland) only 4 other Schools called for 7 years. At first
the effect was felt gradually only, because so many returned war-
service men were admitted to complete 'their studies begun under the
old requirements; 259, 187, 202, 192, are the figures for the first
four years after 1919. But in the meantime the Board of Trustees raised
the tuition fee from $160 to $200, and then to $225, — an increase of
40$; again equalling the highest charge at that date in any American
School.
Space 1923: Thus by 1923-4 the full effect of these two extra¬
ordinary increases (time and money) first was seen, in the drop to 153.
Space 1924: Since that time, the adjustment to new conditions is
seen in the 1924-5 figures, - a gradual steady increase of attendance.
Sec. 114. Effect of College Degree Requirement in Other Schools
That the installation of a college requirement of 3 or 4 years has the
direct effect of reducing numbers, and that the recuperation in numbers
takes a long period, may be seen from the experience of the three other
-230-
Part D: The Studentsi See* 114
schools that already had taken this step, before Northwestern, in the
last 15 years; the data were furnished on inquiry made to.thoso Sehoolp
in 1922;
Table I) 8
Old Requirements 4 Yr. Requirement
Total No, 1 yr,class Total No.
1 yr.class
'Total Wo.
1 yr.cistes
Western
Reserve
1910
r 11
1912
- 14
1921
- 22
124
56
107
—
201
80
Yale
1908
- 9
1911
- 12
1922
- 22
*
428
182
175
21
225
Penn¬
sylvania
1914
15
1916
- 17
1922
- 22
^254
168
201
54
244
122
It thus appears that the Western Reserve School had more than
recuperated, by 25$, at the end of 10 years aftor installing the new
measure; that the Yale School had in 10 years aohieved only 56 $ of
recuperation; and that the Pennsylvania School had in 6 years aohieved
only 70$ recuperation. At Northwestern, in 5 years, the recuperation
*
had amounted to 60$; reckoning only regular students; but reckoning
all students it reached 67$ {whether the other schools included only
regular students in their figures does not appear)• The ratio of
recuperation at Northwestern thus falls somewhere between the extremes
experienced elsewhere. Presumably the entire recuperation will havçt"
taken place within 10 years from the beginning.
* In 7 years, 80$
-221-
Part Dt The Students} Sec. Il5.
Sec. 115. Handicap of High Requirements. The extent of
handicap, with reference to numbers of students, of high requirements
for entrance, graduation, and tuition fees, may be visually conceived
by allotting graded values to each of these elements (time and money),
and by plotting them on a chart so as to exhibit the prospect that
lies before the aspirant's mind in planning his preparation for the
bar. The period of preparation may be conceived as a semi-ellipse;
along the outer rim the student must travel to reach the bar; time and
money (including sustenance) are the two elements that determine the
length of this path; and the number of schools available for each
ellipse, measured in blocks, represent the relative magnetic attraction
of each ellipse.
Chart I) 9 shows that some 40 schools (in the Ass'n of American law
Schools) are attracting with an ellipse of 5 years and $500 or less of
money; about half of these are State University Schools. The ellipse
of $500 and 6 yrs. has 1 school. The ellipse of $600 and 5 yrs. has
1 school; that of $500 and 5 yrs. has 2 schools; that of $1100 and 6
years has 6 schools (of which 3 are in the West). The ellipse of 6
years and $1300 contains 5 schools (Chicago, Columbia, Yale, Western
Reserve, and William & Mary). The ellipse of 7 years and $1500 or more
contains only 4 schools, — Harvard, Northwestern, Pennsylvania, and
Pittsburgh. Northwestern therefore is the only western school in this
ellipse, and it labors under the handicap of the competitive magnetism
of some 30 western schools all having shorter ellipses of time and
money.
-232-
GRAPH 7DQ-Sec.//5
NU Low School Educational purvey - 1925
Relative Burc/en of Time and Money Required by l/ar/ous Echo oh
Part 3): The Students: Sec. 116.
Sec. 116. Numbers in other Law Schools compared. There are in
the whole United States, in 1925, 160 law schools, reporting figures of
attendance in the American Law School Review. Of these, there are 62
in the Continental United States who are members of the Association of
American Law Schools. Such membership signifies the maintenance of a
3-yr. law course, the requirement of 2-yrs. of college for entrance,
and some auxiliary requirements as to library, faculty, and curriculum.
Of these 62, the number requiring the minimum (5 years, i.e.2 of college,
3 of law) is 51 of which some 30 are State Universities; the number re¬
quiring 6 years (3 of college, 3 of law) is 7 (of which 1 is a State
University); and the number requiring 7 years (4 of college, 3 of law,
or vice versa) is 4 (including no State University).
(1) The figures of total attendance for the 7-year group in 1925-
6 are:
Table D 10
1. Harvard University Law School 1319
2. Pennsylvania University Law School 344
3. Northwestern University Law School 219
4. Pittsburgh Law School 213
(2) The figures of attendance for thq 6-yr. group in 1925-6 are:
Table D 11
1. Columbia University Law School 721
2. Yale University Law School 415
3. Stanford University Law School 398
4. University of Chicago Law School 339 (estimated,deduct¬
ing Summer Quartef
5. University of California Law School 295
6.. Western Reserve University Law School 257
7. William & Mary College of Law 38
—234-
Part D: The Students: Sec. 116.
(3) The figures of attendance reported for the entire Association
membership are (American Law School Review, December 1925; omitting
summer students, and omitting DePaul University, which does not show
day and evening School numbers separately):
Table D 12
1. Harvard U. L. S.
2. Geo.Washington U.L.S.
3. Columbia U.L.S.
4. Boston U.L.S.
5. U.of Michigan L.S.
6. Yale U. Law School
7. U. of Pmnsylvania L.S.
8. U. of Chicago(estimate)
9. U. of So.California IhS.
10. U. of Texas L.S.
11. Ohio State .L.S.
12. U. of Minnesota L.S.
13. U. of California L.S.
14. U. of Illinois L.S.
15. Stanford U.L.S.
16. U. of Virginia L.S.
17. U. of Wisconsin L.S.
18. West. Reserve U.L.S.
19. U. of Oklahoma L.S.
20. Iowa State U.L.S.
21. N.W.U. L.S.
22. Pittsburgh U.L.S.
23. St.Louis U.L.S.
24. Cornell U.L.S.
25. U. of Nebraska L.S.
26. U. of Notre Dame
27. Washington U.L.S.
28. U. of Florida L.S.
29. Marquette U.L.S.
Thus the attendance figures in the 7-year group, where this Law
School belongs, place it third out of four in the group; this order of
numbers corresponds to the order of time in v&ich these schools went
onto the 7-year requirement.
For the entire membership, the list shows this Law School to stand
No. 21 in sequence in size; of the 20 schools exceeding it in size, 2
are 7-year schools, 6 are 6-year schools, and 12 are 5-year schools
(of which 9 are in State Universities).
-235-
1319
30. Creighton U.L.S.
165
793
31. U. of Syracuse L.S.
155
721
32. Vanderbilt U.L.S.
152
611
33. Hastings College of Law
145
568
34. U. of West Virginia L.S.
135
415
35. U. of Kansas L.S.
127
344
36. U. of Washington L.S.
125
339
37. U. of Indiana L.S.
122
339
38. U. of Missouri L.S.
112
329
39. U. of Kentucky L.S.
107
325
40. U. of Colorado L.S.
100
301
41. U. of So.Carolina L.S.
97
295
42. U. of So.Dakota L.S.
96
281
43. U. of Cincinnati L.S.
95
276
44. Washington & Lee U.L.S.
93
265
45. Drake U. L. S.
91
257
46. U. of Mississippi L.S.
89
257
47. Washburn College of L.
89
231
48. Tulan>-e U. L. S.
86
226
49. U. of Louisiana L. S.
75
219
50. U. of Oregon L. S.
67
213
51. U. of Tennessee L. S.
67
212
52. U. of N. Dakota L. S.
65
198
53. U. of Idaho L. S.
61
196
54. Loyola U. L. S.
60
195
55. U, of Montana L. S.
56
193
56. Emory U. L. S.
52
187
57. Wm. & Mary College of Law
38
187
58. U. of Wyoming L. S.
24
59. Catholic U. of America L.
S. 17
Part L: The Students: Sec. 117.
Sec. 117. Nurbers In Other Universities compared. An interesting
comparison lies with the total number of regular-term students in the
same Universities at large. On the list of 184 institutions approved
by the Association, of American Universities the figures for 1925-6 cr®
as follows (School & Society, Dec. 1925)
Table i) 13.
1.
U. of California
16,294
13.
U. of Chicago
5,484
2.
Columbia U.
11,727
14.
Cornell U.
5,397
3.
U. of Illinois
11,212
15.
U. of Pittsburgh
5,318
4.
U. of Minnesota
10,170
16.
U. of Iowa
5,082
5.
U. of Michigan
9,422
17.
U. of Syracuse
4,932
6.
U. of Ohio
8,849
18.
U. of Texas
4,810
7.
New York U.
8,765
19.
Yale U.
4,722
8.
U. of pa.
8,635
20.
U. of So. Calif.
4,309
9.
U. of Wise.
7,760
21.
Boston U.~
4,196
10.
Harvard U.
7,608
22.
U. of Oklahoma
4,118
11.
U. of Wash.
6,149
23.
U. of Kansas
4,115
12.
U. of Nebraska
5,930
24.
N. F. U.
3,947
25.
U. of Missouri
3,727
Thus Northwestern stands No. 24 on the University list; its Law
School stands 21 on the Law School list. Northwestern University
totals 72$ of the U. of Chicago, its nearest natural competitor; the
Law School attendance stands at 67$ of the other law school. Of the
23 Universities standing larger on the University list, 16 have also
larger law schools, and 6 have smaller ones (the remaining one not
being a member of the Law School Association). Of the 20 Law Schools
standing larger on the Law School list, 16 are also larger Universities,
and 4 are smaller ones. Thus the relative standing in mere numbers,
of both University and Law School are not noticeably different; and
there is to some extent a relation of constancy in numbers.
(Sections 118,and 119 left blank for other Tables, not
oompiled).
236-
Part D: The Students: Sec. 120.
Sec. 120. Student Turnover. Tables D 14 and D 15, showing
the figures of student turnover since 1907, present the results under
two heads; A. Change of Size of Class; B. Persistence of Studies.
The first indicates the normal ratio of decrease of each class-
size at it goes through the School,--not reYeàling anything not al¬
ready known in outline, "but serving to establish a norm for judging the
annual deviations and for suggesting inquiry into the causes of notable
deviations if they should occur. The second indicates, for the edu¬
cational career of the average law student (so far as this School finds
him) the ratio of inchoate legal careers to completed ambitions.
The fluctuations in the three periods, and annually, must of
course be read partly in the light of surrounding conditions. The first
period 1907-1910 was segregated merely because the figures had already
been compiled, in part, in an annual report of the Dean. The second
period, 1911-1914 (1917), goes to the Great War; and the next three
years are useless for any ratios. The third period 1918-21 represents
the beginning (1919) of the added 3 years to the curriculum (2 of
college and 1 of law), and of the increased tuition charge (1920,1923).
In this period, the present figures are still based on a 3-year course,
although in fact, a large proportion of students must and do take the
4-year course; but no figures based on the latter can yet be used for
making a normal ratio. In the first period, the imperfect figures
prevent some of the ratios for that period from being used to form a
net ratio for the whole period 1907-1923.
-237-
part D; The Students Sec» 121
Table D 14; Change of Size of Class3 by Periodss in 20 years
Classes
Three
period
Entering
Year
(1)
1907
1911
1907
War
1918
1911
1907
Covering
Finishing
Year
(2)
1913
1917
1917
Classes
1924
1924
1924
Omitted
""""
First
Year
Entered
Number
369
472
841
303
775
1144
1
New
Number
(4)
not
94
69
Entrants
{% of
recor¬
.20
.23
.21
(line 3
(5)
ded
Second
See
Yr.311
Year
Not
(Number
(6)
it
183
113
296
Returned
(% of
(7)
«I
.40
.37
.38
(line 3
259
Net Total
No,
(8)
It
383
642
Net
No.
(9)
II
89
44
133
Decrease
{% of
(10)
II
.19
.14
.18
(line 3
New
No.
(11) '
113*
, . ,
70
52
122
Entrants
(% of
(12)
,31*
.18
.20
.19
(line 8
Not
NO a
(13)
169*
115
72
187
Returned
(% of
(14)
.46*
.30
.28
.29
(line 8
Net total
No,
(15)
313*
342
239
581
Net de¬
No.
(16)
41
20
61
Third
crease
{% of
(17)
.107
.08
.095
from Yr.11
(line 8
Year
Net De¬
No.
(18)
56
130
64
194
crease
(% of
(19)
.15
.27
.21
.25
from Yr, I
(line 3
Degrees
No.
(20)
251 -
285
536
conferred
(% of
' (21)
.80
.83
.82
(line 15
Summary
Total
No.
(22)
482
636
1118
424
1060
1642
for
Entered
Years
Late
No.
(23)
113
164
277
121
285
398
I.II,111
entrants
(% of
(24)
.23
.26
.25
30
.27
.26
(line 22
Not
No.
(25)
169
298
467
185
483
652
returned
(% of
(26)
.35
.47
.42
.44
.46
.42
(line 22
These figures for Period 1907-13 show Years II & III together; hence
in line 12 for that period the % is taken on line 3, not on line 8,
which is lacking*
-238-
Part P: The Students: Sec. 121.
Sec. 121. Change of Size of Class (Table D 14)
The net decrease from 1st year to 2d year (line 10) is 18$.
The net decrease from 2d year to 3d year (line 17) is 9.5$. The net
decrease from 1st year to 3d year (line 19) is 25$.
Thus, on the basis of an entering class of 150, the School would
normally have three classes of 150, 123. and 113, or 386 in all. To
this number add 50, as the possible number remaining over for a 4th
year; and we have a total of 436, as the number for which the School
must provide on a 4-year basis. This number is probably too large,
because the ratio of new entrants (lines 4r 12) seems to be lower than
in former years. However, on a building-capacity of 400 as the
maximum, the figure 150 is pointed to as the maximum to which the
first-year class should be limited.
2. The ratio of new entrants (after Year I) runs pretty steadily
at 27$. The ratio of departures (before completion) runs also steadily
at about 45$. Ho special use can be made of this fact.
Sec. 122. Persistence in Studies (Table 3) 15)
1. Those who spend the entire three years (line 29) have averaged
about 35$ of all entrants. Those who spend only one year (not counting
the 3d year entrants, who come to finish) average about 33$ (lines 38,
40) the greater part being in the 1st year. This indicates the general
ratio of persistence for the aspirant to a legal career. In Table D
14, the figures showing total numbers dropping out after entering
(line 26) viz. 42$, show another aspect of the same fact.
The causes for this are various. To ascertain the scope of each
-239-
Part D: The Students: Sec. 122.
cause would require a disproportionate time and labor spent on corres¬
pondence, and this School has never attempted it. (a) Change of School
is one reason; but our experience shows this to be a negligible figure,
(b) Financial disappointment is the most frequent cause, (c) Change
of plan of career is the next most frequent cause. This is often the
result of demonstrated inaptness for the law; and thus the number
leaving bears an indefinite but real relation to the number receiving
poor marks. To obtain a casual light on this, a tally was made, in
1921, of the scholarship of students remaining and of students leaving;
the result' has been shown in Table h 6, (Sec. 105).
The rules for promotion (see the Bulletin) are in this School
strict enough; and they usually suffice, by compelling longer stay in
the same class, to discourage and eliminate the ill-fitted, without
the need of a rigid rule for formal exclusion from the School. Foid.al
exclusion calls for Faculty votes from time to time.
2. Those who came to this School for their last one or two years
average 20$ (lines 36,42). This indicates that, in any regulations for
the limitations of numbers, provision must be made for such entrants on
terms which will ensure an equal, standard of attainment with those who
a„re promoted from our first year.
-240
Part Dî The Students Sec. 122
Table D 15: Persistence in Studies, for Individuals
Classes
t
Three
Entering
1907
1911
1907
17ar
1918
1911
1907
Finishing
1913
1917
1917
Years
1924-5
1924
1924
Omitted
—*
Studied
No.
(27)
200
229
429
140
369
569
Three Years
{% of
(28)
.54
.48
.51
.46
.48
,50
at this
School
(line 3
(% of
(29)
.41
.34
.38
.33
.35
.37
(line 22
Studied
First two
No.
(30)
Not
108
57
165
two
years (or
{% of
(31)
Tal¬
; .23
.19
.21
Years
1st & 3d)
(line 3
lied
/
only,
(% of
(32)
.17
.13
.16
at this
(line 22
School
Last
No,
(33)
Not
53
40
93
two
(% of
(34)
Tal¬
.08
.09
.09
Years
(line 22
lied
Total
No.
(35)
135
161 ■
296
97
258
393
(% of
(36)
.28
.25
.264
.23
,24
.25
(line 22
-
Studied
First
No.
(37)
Not
178
113
291
year
{% of
(38)
Tal¬
,28
.266
.275
One
(line 22
lied
Year
Second
No.
(39)
ii
.45
26
71
only
Year
(.% of
(40)
it
.07
.06
.07
at this
(line 22
School
Third
No.
(41)
it
.62
.48
110
Year
{% of
(line 22
(42)
M
.10
.11
.10
Total
No.
(43)
147
285
432
187
472
619
(% of
(44)
.30
.45
.39
.44
.45
.40
(line 22
* Line numbering is continued serially from Table D 14.
-241-
Part J)* The Students: Sec. 123.
Sec. 123.
Other Schools (Table D 16) From other Law Schools,
data are difficult to obtain. But the following figures were drawn
from answers on file to letters sent in 1923:
Table L16: 1922-23, Ratio of Decrease of Size of Class
Year I to Year II
Year II to
Year III
Chicago University
1&- 43
(+$ 10.6 )
Cornell "
n 49
{-f $ 13 )
Harvard "
" 32
o
o
ta.
Michigan "
" 22
$ 3.7
Pennsylvania"
" 20
$ 24
Western Reserve "
" 24
I
$ 08
Obviously, these figures give no certain basis for inference or
for averaging, being taken for one year only. The net decrease (Year
I-II)at Northwestern has averaged 18$; but this figure is composed of
38$ departures minus 21$ new entrants; and it is probable that the
figure of new entrants explains the low net decrease at Northwestern;
for students from the West often find themselves compelled or Induced
after a year at an Eastern school to return here to complete their
schooling, and the reverse practice does not occur. But so many are
the influences affecting this item, and so scanty and variant are
the above data, that the causes can be only a matter for speculation,
pending the revelation of fuller data.
{Sec. 124, Left blank for another Table, not compiled.)
-242.-
Sec. 125.
Part D: The Students: Sec. 125.
Summer Term Attendance. The attendance at the Summer
Term has always been kept in separate tallies from the main academic
year, nor- have the names of summer term students been printed in the
annual School Bulletin. The figures of attendance since the original
year are as follows:
1919
1920
1921
1922
1923
1924
1925
102
91
87
101
83
109
101
.
The original term was held in 1919 to enable the returning war-
service alumni to complete promptly their preparation for the bar.
This element went to augment the normal number for two years. Since
then the increase represents apparently a normal slow growth.
Sec. 126. Summer Term: Kinds of Students. The only important
inquiry that has arisen as to summer-term numbers is whether the
patronage represents chiefly outside students coming for supplementary
or beginning studies or incumbent students aiming to shorten the
calendar period of their preparation by continuous study. Table I) 18
shows that-the latter group runs about 2/3 of the whole.
Table D 18. Summer Term: Kinds of Students
1924
1925
New Registrants
40
35
Old Students
69
66
Total
109
101
-243-
Part D: The Students: Sec. 126
The Summer Term is for this School indispensable, on account' of
the 4-years law requirement and the opportunity offered to complete
this academic requirement in three calendar years. Hence, the cur¬
riculum must provide for this group. But as the other group is of
respectable ratio, the curriculum has to provide for their n6ods also,
The ratio of these two groups shows a wide variance in other
Schools, as exhibited in Table D 19; evidently the problem, though a
uniform one, varies in its local conditions.
Students
School
1924
1925
School
1924
> V4.#
1925
New
(
77
( 14
20
Columbia
(
Stanford
(
Old
(
164
( 74
71
New
( 41
42
( 41
40
Cornell
(
Yale
(
Old
{ 42
61
( 83
93
New
*
( 11
12
( 35
47
Illinois
(
Wisconsin
Old
( 27
. 52
( 50
46
New
( 8
7
Kansas
Old
{ 29
20
New
( 55
49
Michigan
(
Old
(102
100
New
( 11
5
So.
(
California
(
Old
(109
112
-244-
Part Dt The Students: Sec. 127.
Table D. 20. Academic Preparation of Law Students
The following Table is based on the Catalogues and the Dean*s annual Reports:
Year
High School
Total
College
Total
College
1 year
College
2 year
College
3 year
College
4 year
Grand
total
No.
%
No.
%
No.
%
No.
%
No.
%
No.
%
No. %
1895-1905
51.8
48.1
#
#
#
#
1903-04
120
53
105
47.
225
1909-10
159
46
186
54.
345
1910-11
109
40
1T4
60.
283
1911-12
141
46
168
54
309
1912-13
127
41.6
178
58.4
305
1913-14
199
57.5
147
42.5
346
1914-15
214
61.1
136
38.9
350
1915-16
162
49.1
175
51.9
337
1916-17
154
45
203
55.
367
1919-20
120
43.0
159
57
54
19.4
29
10.4
10
3.6
66
23.7
279 100
1920-21
79
39.3
122
60.7
37
18.4
24
11.9
9
4.5
52
25.9
201 100
1921-22
68
30.2
157
69.8
30
13.3
22
9.8
23
10.2
82 '
36.4
225 100
1922-23
60
27.9
155
72.1
28
13.
16
7.4
23
10.7
88
40.9
215 100
1923-24
37
17.7
172
82.3
23
11.0
20
9.6
37
17.7
92
44.0
209 100
1924-25
24
10
213
90.
21
9
32
13.
39
16
122
51.
238 100
1925-26
13
5.
232
95.
15
6.
29
12
»
57
23.
131
53.5
245 100
1926-27
11
3.
__ . -i
266
i ■-
96.
1 . ■ mê
10
*
3.
48
b*
17.
40
14.
168
fb¥
60.
277 100
on
# Data giving number of students having the respective number of years
of college training as indicated in this table were not collected for
the years 1903-1917 -
-245-
Part D: The Students: Sec. 127.
Sec. 127. Academic Preparation of Students. Table D 20 up to
1919 must be discounted as to the ratio of college preparation shown;
because up to that date, or shortly before, the calculations made each
year represented college matriculates only; k. e. an appreciable number
had not had even one whole year in college. All those percentages shown,
for college preparation, should therefore be discounted several per
cent, to compare properly with the later percentages*
1. The fluctuations (40$ to 60$), from 1903 to .1914 are due in
part to the varying numbers in the occasional classes (General Review.
Patent Law, etc.) of special students. Among the regular students who
pursued the entire course of three years continuously, the group of
1895-1905 taken for statistical study in the paper by J. H. Wigmore
and F. B. Grossley (proceedings of American Law School Association,
1909), the ratio was as follows: Total number of persons: 349, high
school educated, 51.8$; college educated, 48.1$; college one or two
years, 7.4$; college three or four years, 40.7$. Thus the substantial
ratio of college educated averaged well under 50$, up to 1914-15.
But .in 1-914-15 went into effect the requirement of 1 year of
college for applicants under 20 years of age; and the ratio began
steadily to increase.
2. In 1919-20 went into effect, for new entrants, the requirement
of 3 years of college, for candidates for a degree. However, the large
number of returned war-service men, completing studies begun under the
old requirements, delayed the effect of the new rule till 1923-4. By
that year the percentage of college educated had reached 82»-3o
3. The percentage of 3 and 4-year college men, however, had reached
only 61.7. A small part of the shortage is still due to hold-overs who
-246-
Part D: The Students Sec. 1E7
entered under former rules and had discontinued for a period. The
remainder is due to the "exceptional" class still admitted ("not to
exceed 10 each year"), who are 22 years of age and present exceptional
circumstances; these are received on condition of becoming eligible
for the Honor List in their work; and in the selection of these
applicants, the priority is given to those who have one or two years
(but not three) of college.—The number of these being absolutely
limited by rule, their ratio to the whole number of students will grow
smaller and smaller as the maximum attendance of 400 is reached.
4. An interesting feature of the college group is that nearly
one half present 4 years of college. The number presenting 3 years
has thus far been only 1/3 (or less) of the number presenting 4 years.
One inference may be that the prospect of a professional career does
not deter the majority of aspirants from completing their 4 years in
college. However, the figures are not fully significant, (1) because
the ratio of 3-year men has been steadily increasing, (2) because the
tally showing the number of 4-year men does not r eveal whether they
obtained their B.A. or B.S. by counting their 4th year in law school
work; hence, the figures here given for 4-year men may be in excess
of the facts.
(Section 128. Left vacant, for a Table not compiled.)
Sec. 129 H i Geographical Distribution (Table D22). (l)Since 1892,
a-period of 32 years, the distribution by geographic origin has not
a'
changed substantially. In 1892-3, from Chicago came 45$; in 1923-4,
46.4$; the range has gone from 43.6 to 60.8$. Similarly, Illinois
-247-
Part D: The Students; Sec, 129
Sec. 129» Tahle 122. Geographic Souroos of Law Students
The following Table is based on the data in the Catalogues and
the Dean*s annual Reports;
Year
Chicago
Illinois
exclusive
of Chicago
Exclusive
of Chi, &
Illinois
Total
From
h. u.
hp.
1°
Ho.
. *
Ho.
*
Ho.
*
hoi
*
1892-93
81
45o0
54
30.0
45
25.0
180
100.0
8
4.4
1902-03
92
50,0
60
32.6
32
17.4
184
100.0
7
3.84
1909-10
120
44.6
72
26.8
77
28.6
269
100.0
44
16.4
1910-11
129
49.6
66
25.4
65
25.0
260
100.0
34
13.1
1911-12
141
44.9
99
31.5
74
23.5
314
99.9
34
00
.
o
H
1912-13
122
43.6
85
30.4
73
26.1
280
100.1
51
18.2
1913-14
151
46.2
98
30.0
78
23.9
327
100.1
43
13.1
1914-15
175
49.9
105
29.9
71
20.2
351
100.0
47
13.4
1915-16
173
51.
95
28.0
69
20.5
337
100,0
1 50
14.8
1916-17
228
60.8
85
22.7
62
16.5
375
100.0
54
14.4
1919-20
131
47.0
72
25.8
76
27.2
279
100.0
42
15.1
1920-21
'• 97
47.8
48
23.6
58
28.6
203
100.0
42
20.7
1921-22
111
49.3
55
24.4
59
26.2
225
99.9
47
cr>
.
o
CV2
1922-23
99
46.0
57
26.5
59
27.4
215
99.9
45
20.9
1923-24
97
46.4
54
25.8
58
27.8
209
100.0
42
20,1
1924-25
103
43.
63
28,
72
30.
238
100.
49
20.6
1925-26
114
46.5
68
28.
63
26.
245
100.
63
26.
-248-
Chicago Illinois Outside Total N. U.
No. % No. % No. % No. % No. %
1926-27
i' ' " "
137
59
75
26
67
24 j
277
100
64
25
1927-28 |
170
54
79
25
66
21
315
tt
58
16
1928-29 j; 196
il
57
86
25
60
18
342
n
84
25
1929-50
254
66
50
1
\
14
78
20
382
n
91
24
1930-31
238
57
;io2
s
25
75
18
415
n
86
21
1931-32
211
57
98
26
63
17
372
n
122
32
1932-33 j 176
54
100
31
50
15
326
n
77
24
1933-34 151
49
106
1
35
49
16
306
n
86
28
1934-35 J 126
:]
47
92
34
51
19
269
n
86
32
1935-36 il 157
50
i 98
!
36
57
14 | 272
n
1936-37 jj
i
]
248 A
Part P: The Students: Sec. 129
i
outside of Chicago, ra.nging from 25.4$ to 46$, seems now stabilized
for some years at 25$. Aroas outside Illinois are stabilizing around
27$.
(2) But it is noticeable that from 1913 to 1916, the ratio was
going steadily down, reaching 16$. This was the period of establishing
and expanding the State University Law Schools west of the Mississippi^
Any resort from these States tended to be checked by the supply of
local facilities. The rise of the ratio at Northwestern since 1919
may be attributed to its emergent repute as a suitable school for those
who are not content with home facilities.
(3) The ratio of graduates of the Gollege of Northwestern Univer¬
sity has risen from 4.4$ to 20.$. This new figure represents a more
normal condition. In the old days, graduates of our college were seldom
seen in the Law School. Much depends here on tho loyal advice given
by the Collego Faculty members whose guidance is sought.
(4) In the old days, there used to bo more alumni of tho Univer¬
sity of Chicago in our Law School than of Northwestern University Coll¬
ege; they often numbered twice as many; e. g. in 1898-99, U. of C. 17,
N.W.C.8. In 1902 the University of Chicago opened its own Law School,»
This changed the ratio. But even after 1902, an appreciable number of
these who had gone to college at the University of Chicago came to North¬
western for their legal training. E. G.
In 1908-09- 19; in 1909-10, 23; in 1911-12, 17; in 1911-12, 18;
In 1912-13,19; in 1913-14,16; in 1914-15, 20; in 1915-16,21; in 1916-17,
26.
-249-
Part Dî The Students: Sec. 130
Sec. 130» Age at Entrance. The age of students at entrance has-
not "been surveyed thoroughly; two sample periods were taken, at 1914-
16 and 1923-25, and the first 100 entrance papers were checked off.
The result is shown in Ta"ble D 23:
Table 3) 23. Age at Entrance
Age
1914-16
1923-25
. ' J
36
2
4
30-35
5
7
25-29
18
27
24
12
13
23
20
14
22
12
16
' 21
15
11
20
7
6
19
7
2
18
2
Total
100
100
»
Without attempting to calculate the exact, median, it is obvious
that the age average has ascended notably., This is presumably due
chiefly to the entrance-requirement of 3 college years, going into
force first in 1919.
-250-
PartD: The Students See. 131
Soc. 131. V/omon Stud ont s. Illinois, under the pioneer influence
of lyra. Bradwell (whose daughter married r.n alumnus, Frank Helmer T82,
deceased in 1925), was earliest to recognize the womanTs equal privil¬
ege to qualify for admission to the legal profession, Y,*ith this tra¬
dition, there has naturelly been equal admission to the privilege of
education in the law schools. The first woman graduate in this School
(and in Illinois) was ...da H. ICepley, *70, who deceased in 1925. One
or two women students attended the School almost every year since
1893. No complete tally has been made for the period before 1917;
but taking random earlier years the figures are as follows:
Table 124. Women Students
1903-4
1
1920-21
11
1912-13
4
1921-22
11
1917-18
17
1922-23
14
1918-19
16
1923-24
11
1919-20
16
1924-5
11
1925-6
9
Sec. 132. Religion of Students. No data are preserved or
sought as to the religion of students. There are Catholics, Jews,
Protestants, and Oriental religionists in the School, but no ..one
can say how many of each.
-251-
Northwestern University Law School Educational Survey 1925.
Part E: The Alumni
* 1 1 '
-252-
Northwestern University Law School Educational Survey 1925
Part E. The Alumni
Sec.
140.
Total lumbers
Sec.
141. ;
Organization
Sec.
142.
i
Bulletins
Sec./
143.
Geographical Distribution
\ }
Sep.
144.
Occupational Status
Sec.
145.
Hon-professional Occupational Status
Sec.
146.
Standard Professional Offices Held
Sec.
147
•
Political and Semi-professional Offices
Sec.
148.
Alumni as Teachers of law
See. '
149.
Tests of Alumni Professional Success
Sec.
150.
Same: Who*s Who List
Sçc.
151.
Same: Money Income
Sec.
152.
Same: Quantity of Litigation
Sec.
153.
Same: Bar Examination Success
Sec.
154.
Alumni Assistance and Cooperation: (1)
Secî
155.
Same: (2) Placement of Graduates
Sec-;
156.
Same: (3) Illinois Law Lecturers
See.
157.
Same: (4) Endowment and Building Fund
Seci
158.
Alumni War Service in the World War
-253-
Part Es The Alumni Sec. 140
Sec. 140, Total numbers. The term "alumnus" has heen used by
this School to include all persons registered for at least a semester,
regardless of graduation or of length of stay. Those who receive a
degree are termed "graduates".
The total number of names now carried on the card-list of the
School is about 2800#- Of these, some 1900 are graduates. Some 300
in all are on a "Lost" list, their addresses being untraceable, and
most of these are doubtless deceased. The number of annual changes
of address is numbered almost by the hundreds, in one recent year it
came to almost five hundred, and the task of keeping trace of addresses
is thus a serious one.
Sec. 141. Organization. There have been three phases of
organization. 1. About 1884, an association was formed; James E.
Babb *84, now prominent at the bar of Idaho, was active as Secretary;
a list of alumni was printed, it remains (in a single copy) as the
main source of information for that period. In the changes of faculty
and removal of quarters, in 1891, the early original records disappear-
ed.
2. For some 20 years more a period of desuetude followed. Then
in 1902, on removing to the new quarters on Lake Street, the organiza¬
tion was revived, Frank 0, Lowden, *87, was elected, president.
There was also selected a vice-president for eaoh state represented, and
a chairman for each county in Illinois. Correspondence was kept up
intermittently; a card-list was started; an annual banquet in Chicago,
-254-
Part E: The Alumni Sec# 141
was regularly held, at whieh from 100 to 300 attended,
3^ In 1919, when the alumni were organized for the Endowment
and Building Fund Campaign, the card-list was revised to date, Chicago
committees were formed by classes, a chairman appointed for each
judicial district in Illinois, and a chairman for each State represent¬
ed, Active correspondence ensued for two years, in the fund campaign,
and local committee meetings,
IFo dues are exacted. All alumni are deemed members. At the
annual banquet in Chicago, officers are elected.
The corporation known as Law Alumni Trustees, organized in 1919
to hold the funds collected, was self-selected. But in 1924 a number
of additional members were selected by authority of a vote at the
annual meeting.
Sec. 142. Bulletins, The School since 1902 printed a Bulletin
quarterly, which was sent to all Alumni gratis, to keep them in
touch. But about 1908 (till 1920) the budget amount for this was
transferred to the Illinois Law Review, and since that time the
Bulletins have been issued at irregular intervals--one or two a year.
Some 400 alumni subscribe to the Review, but it contains no Sohool
news. The University Alumni Sews now answers the purpose.
-255-
Paî*t E; The Alumni Seci 143
Sec. 143» Geographical Distribution. In Table 1)22, it has
already been seen that the geographical sources of students arriving
are, roughly, 50$ from Chicago, 25$ from Illinois outside Chicago,
and 25$ from outside of Illinois. The distribution of alumni on
settling down to practice is not substantially different from these
ratios, as appears from Table E 1.
This substantial identity is perhaps suprising, because many
alumni settle in Chicago whose original home was elsewhere; and many
alumni go West or East who began in Chicago or in Illinois.
It might be supposed that the ratios differed for different age-
groups; and it does appear that in the age-groups 1891-1900 the
ratios for outside-of-lllinois in almost all regions (indicating
migration) are higher than for this earlier or later groups. The
explanation seems to be that the professional opportunities to
enlarge one's career come after 10 or 20 years of practice, when
one's capacity has been proved.
-256-
See. 143
Table El. GEOGRAPHICAL DISTRIBUTION OF LAW ALUMNI (Graduates)
A.
Years of Graduation
Looation
1860
-90
1891-1900
1901-1916
1916-24
Total
Total
Illinois-
No.
%
No. :
<
No,
* ix
No,
, *
No.
•
•
t
331
251
100.0
75.8
357 :
247 ;
100.0
69.2
702
517
100.0
73,6
462
357
100.0
77.3
1,852
1,372
i
•
•
100,0
74.1
Chioago
Illinois ex¬
clusive of
Chicago
199
52
60.1
15,7
184 :
63 •.
»
•
•
•
51.5
17,7
399
118
56,8
16,8
286
71
61,9
15.4
1,068
304
•
•
t
:
»
*
57^7
16,4
U»S# exclusive
oif Illinois
78
23.6
•
108 •
•
•
30,2
184
26,2
97
21.0
467
S
•
•
•
•
25.2
East
Middle West
South
8
19
4
2.4
5.7
1,2
15 :
32 :
4 î
4.2
9.0
1.1
25
65
6
3,6
9.3
.8
11
36
15
2,4
7.8
3.2
59
152
29
a
a
!
•
•
3.2
8,1
1.6
Southwest
14
4.3
23 :
-6.4
29
4,1
15
3.2
81
•
•
4.4
Northwest
Pacific Coast
8
25
2.4
7.6
4 :
30 :
1.1
8.4
24
36
3.4
5,0
8
12
1.7
2.7
44
102
•
•
•
•
2.4
5.5
Ofltside U. S,
2
.6
2 :
•
•
:
•6
1
.2
8.
1.7
13
a
*
•
•
•
•
.7
1
East— Maine, Hew Hampshire, Vermont, Mass. Conn. R. I. New York, Pa, New Jersey, Maryland, W, Va»
ÎÏTTWest— Minn., Icwu, Wise,, 111#, Mich#, Ind., Ohio,
"Sôûth—^ao Nj Car#, S» Car», Georgia, Fla., KentucUy, Tenn., Ala., Miss., Louisiana, Texas.
Souxtïwe s t - -Utah „ Arizona, Colorado, N« Mexico, Missouri, Arkansas, Kansas, Oklahoma.
Fômcïïwest-- Idaho, Montana, Wyoming, North Dakota, South Dakota, Nebraska,
"pnbifio.■— ^Washington, Oregon, California, Nevada,
Part E: The Alumni Sec. 144
Sec, 144. Occupational Status. Do men educated for the law
remain in that profession? And if they do, how many take on another
occupation as an avocation? This question is answered in Tahle E 2;
"based on replies received to a questionnaire:
Tahle E2. Occupational Status of 986 Alumni replying (Graduates &
H on-Graduate s)
Years
Practicing Lav/
Hot Practicing Law
of
Graduatioi
Total
With no
other
Occupation
With
Other
Occupation
Total
Following
Other Occupa¬
tion Solely
Following
no
Occupation
%
*
%
%
%
L
Total
82
68
14
. 18
17
1
1860-1890
78
63
15
22
17
5
1891-1900
80
66
15
20
18
2
1901-1915
81
67
14
19
19
0
1916-1925
86
74
13
14
13
.3
1. It appears that an average of 82$ remain in the profession of
law. Nor does this average vary much as to age-groups, except that
from 1860 to 1915 it runs 78-81$, hut in the last 10 years it is 86$
which means simply that a fringe of 5$, starting in the law, soon
find it expedient to take up some other occupation.
2. As an avocation, the other occupation averages 14$, i.e. 68$
remain solely in the law. Here it is seen that the ratio of those who
take on an avocation increases steadily from 12$ to 15$ as the age
increases. This is natural, hut represents two opposite experiences,
—on the one hand, those who do not make a complete financial success
in the law; and on the other hand, those whose capacity for an executive
-258-
Part E: The Alumni Sec. 144
or commercial career has led them into more lucrative opportunities.
3. Is it a regrettable fact that as many as 18# leave the law
entirely and as many as 14# more take on another occupation?
Wot necessarily.
(1) So far as it represents the exit of those for whom the
law is not the most apt career, it represents the impossibility of
gauging as a young man one1s best career-prospects; and this ratio
does not on its face seem high.
(2) So far as it represents the taking on of an occupation rep^
resenting high general talent, now lost to the law, this can hardly
mean that the legal education was wasted; for,
(a) In the first place, objectively, the law may have afforded
special opportunities (eig. as counsel to a large industry) to ex¬
hibit that talent which would not have been readily presented otherwise.
(b) In the second place, subjectively, the training in the law
has an intellectual value that is applicable in other vocations also.
For example, on one of the questionnaire blanks on which the Table E 2
was based, on alumnus now a banker had thought fit to add this marginal
note; "my law training has been of great value to me"; and this assur¬
ance is often given by visiting alumni who have left the law for other
vocations. The following expressions, found casually in the files of
alumni letters, are typical;
"Torts and Contracts were so thoroughly drilled into my mind that
they have aided me to the 9th degree in my business life" (from a
business man who spent but one year in the School);
-259-
Part E:
The Alumni See. 144
"I have found that the legal training obtained at Northwestern has
been highly advantageous to me in the mercantile business" (from one
who. went into his father's department store after graduation)..
At this point the Dean of the School wishes to note the peculiar
contribution (usually unnoticed by collegian authorities) of legal
studies to the methods of science.. Two grand schools of logic have been
supposed to embrace the whole field of practical rational processes,—
the deductive and the inductive. But the lav,; has supplied a third,
namely, the controversial (or antiphonal). The lawyer must always
expect to find his assertions disputed by an antagonist, before the
judge decides hence, his mental preparation includes that of never
feeling safe unless he has foreseen all possible opposition by an
actual antagonist (not a man of straw)• This habit of mind is sub¬
stantially different from that of the pure inductive scientist, who
tends to think only of the objections which occur to himself., for
there is no certain judge and no definite opponent, and the scientist's
enthusiasm for his own hypothesis is apt to blink at those objections
which do not appeal to himself. The result is well illustrated in
the anecdote of an ancient Greek dramatist, which may be thus paraphras¬
ed; (q,uintilian, V, 13,43);
Thespis wrote a successful drama, in which a lawsuit was so
skillfully portrayed that a friend said to him; "Thespis, your
dialogue of the lawyers, in which your man so neatly overcomes his
opponent, shows such aptitude that you ought to abandon the drama and
take up the lav/ yourself." "Not on your lifei" said Thespis, "I know
better than that. When my lawyer in the play rebuts his opponent so
neatly, it is because the opponent says what I make him say; but in
-260-
Part E: The Alumni Sec. 145
OTHER OCCUPATIONS OF 297 LAW SCHOOL ALUMNI
See. 145. Table E 3.
Occupation
No.
fo
Banking
64
21.6
Real Estate
46
lS%5
Manufacturing, executives of corporations,
owners of businesses.
40
13.5
Education
24
3«8
Bonds, Loans, Investments
20
6.7
Insurance
15
5.
Journalism
14
4.7
Farming
10
3.3
Sales
6
2.
Building Construction
5
1.7
Medicine
2
.7
Court Reporting
2
.7
Abstracters
2
.7
Advertising
2
.7
Accountants
3
1.
Oil producing
2
.7
o
Miscellaneous
14
4.7
Not specifying occupation
26
9.4
Total
297
1-,
100.0
a The miscellaneous group contains one of each of the following: Post¬
dater, Musician, Christian Science practitioner, Revenue Officer,
Business Analyst, Clerk, Appraiser, Salesmanager, Mercantile Agent, Arm-
Officer, Stenographer, Minister, Secretary and Business Manager of High
School-» -2Ô1-
Part E: The Alumni Sec. 144
real life I should not know what a clever opponent might say, and
I might not come off so well as I do on paper."
Sec. 145. Eon-professional Occupations. The returns from the
297 Alumni recording other occupations in Table S 2 show a distribution
of occupations corresponding to what has been the general supposition,
viz. banking comes first, with 22^, then real estate, then manufacture
ing (Table E 3)
The returns were not tallied to show which ones of these occupations
more commonly were associated with the law and which ones were more
commonly the sole vocation.
See. 146. Standard Professional Offices Held. The returns frpm
which Table E 3 were taken show also that some 26)!- of the alumni re¬
porting hold or had held one or more of the standard professional
offices,—judge, prosecuting attorney, city judge or attorney, legis¬
lator .
-262-
Parg Part E: The Alumni Sec. 146
Table E 4. Standard Professional Legal Offices held, by 258 Alumni
Legal Career
Dumber Holding or Having Held
Offices.
Superior or Supreme Judge
State or District Attorney
Municipal Judge or attorney
Legislator
Dumber
267
25
118
51
160
fo of num¬
ber hold¬
ing or
having
held posi¬
tions
100.
9.3
44.2
19
60
fo of total
number an¬
swering
questionnaire
(978)
26 (a)
2>5
12.2
5.0
16., 2
(a)
Since several of the offices named may have been held
by one person the percentages obviously 'would not total
(1) The percentage has of course no index-relation to profession¬
al success, because none of these offices represent, in United States
life, a reward or promotion. They are sought, not awarded. The only
inference from them is an inference as to the extent of public spirit
or private ambition that has inspired the group. Dor is there any
basis that can be used for comparison with other analogous groups;
the total number of such offices actually held today by all lawyers
(if knowable) will not serve, for the returns here gathered cover past
as well as present offices.
(2) The ratio of superior or supreme judges admits of no
particular inferences.
-263-
Part E: The ilumni Sec. 146
Today (from knowledge outside of these returns) 5 alumni are
supreme judges,—2 in Illinois, 1 in Minnesota, 1 in Washington,
1 in Missouri. Whether these are represented in the individuals
making returns has not been verified.
(3) The ratio of prosecuting attorneys to judges may or may
not he normal for the bar. But it is a well known fact that most
ambitious young lawyers in rural districts seek the office of prose¬
cuting attorney as a means of professional publicity, and that the
older lawyers are seldom found holding that office. The contrary is
true in Europe.
(4) The ratio of legislators may or may not be normal. But
in general the ratio of able lawyers who consent to render that public
service is far below what it should be.
Sec, 147. Political and Semi-professional Offices Held. The
returns used for Table E exhibit also some facts about political and
semi-professional offices held,—though these are very incomplete. The
two standing highest on the list (U.S. commissioner, referee in
bankruptcy) are virtually professional offices, being held only by
lawyers. The same is true of some of the other offices on this list in
Table E. 5.
FTo special inferences seem suggested. The returns are in fact
misleading, because the very persons whose record would show high offices
held are apt to make no return or to omit enumeration of their offices.
For example, there are known to be living at least three ex-governors
of States, one nominee for Federal vice-president, one Federal Senator,
two Federal assistant secretaries of the Treasury, several Federal
264-
congressmen, etc., etc.
Part E: The Alumni Sec. 147
POLITICAL ADD SEMI-PROFESSIONAL OFFICES HELD BY 40 ALUMNI
See. 147. Tahle E 5;
Position or Office
Dumber Holding or
Having Held Office
Total Dumber Reporting
40
Checking "but not specifying office held
7
United States Commissioner
6
Referee In Bankruptcy
4
Alderman
4
Lay or
3
Governor
2
Township Supervisor
1
War Department, Board of Contracts
1
United States Patent Office Inspector
1
County Commissioner
1
Deputy Clerk, Municipal Court
1
Assistant Solicitor, U.S* Fuel Administration
1
Judge Advocate
1
Assistant Counsel U. S. Shipping Board
i
United States Revenue Collector
i
Special Attorney, Internal Revenue
i
State Examing Board of Accounts
i
Deputy County Clerk
l
Law Clerk, State Supreme Court
i
K.
-265-
Part Eî The Alumni Sec. 148
Sec. 148. Alumni as Teachers of LaW« How extensively have the
Alumni of the School interested themselves in the teaching of law,
i. e. continued to share in its academic and scientific aspects and
not merely its vocational purpose?
The American Law School Directory for 19 25 lists the teachers in
66 schools of the United States, making 600 odd names in all. Several
reputable schools failed to make returns, so that the list is not
complete, but may be assumed to reveal fairly accurate ratio s.
A tally of the institutions listed as the source of the law degrees
of each name in the directory (reckoning only the earliest law
degree, where more than one was reported for the same name) yielded
the following Table.E6;
1. The Direetoiydoes not distinguish resident professors
("full-time") from non-resident lecturers (in practice, who give one
or more courses)• Hence it is not possible to infer (except by a
detailed analysis of their subjects, which was not made) what pro¬
portion of these numbers represents the ratio of graduates whose
sole career is.-in the t caching and research branch, nevertheless,
the figures without that discrimination have some significance.
Moreover, the figures were made up from returns furnished by
the Schools themselves, and in some instances are defective through
non-fmiformity of standards. For example, the return for northwestern
does not include 25 Illinois Law Lecturers, nor 2 or 3 other special
lecturers, who are all alumni, although for some other Schools the
return appears to have included .such persons; this actual total
for northwestern is shown in parentheses in Cols. 1 and 2.
—266—
Part E: The Alunsii: Sec. 148.
Table E-6 Graduates now Law Teachers in 66 Schools
aduates of
Total
Teaching
Teaching
Graduates of
Teaching
No.
in Alma
Mater
in other
Schools
in other
Schools
Harvard
97
18
79
1. Harvard
79
Michigan
40
15
25
2. Chicago
34
Chicago
36
2
34
3. Michigan
25
Columbia
29
9
20
4. Yale
22
Yale
29
7
22
5. Columbia
20
Northwestern
25(59)
11(40)
14(19)
6. Northwestern
14(19)
Boston
18
15
3
Stanford, Wisconsin,
Pennsylvania
13
11
2
Georgetown
8 each
Cincinnati
12
9
3
Iowa
7 "
Wisconsin
11
3
8
Cornell, Virginia
5 "
Syracuse
11
10
1
Indiana, Kansas .Minnesota,
Stanford
10
2
8
Washington & Lee
4 "
Iowa
10
3
7
Boston, Cincinnati
Goo .Washington
10
7
3
Colorado,Geo .Washington,
Virginia
10
5
5
Illinois, Nebraska,
Indiana
9
1
8
Washington University
3 "
Pittsburgh
9
8
1
Georgia,Hastings,Kent,
Tulane
8
7
1
Louisville, Missouri,
Cornell
7
2
5
Pennsylvania,So.Dakota
2 "
Creighton
7
7
0
14 Schools
1 B
Georgetown
7
0
7
22 Schools
none
Wash. & Lee
7
3
4
Colorado
6
3
3
Texas
6
6
0
Vanderbilt
6
6
0
Washington U.
6
6
3
Illinois
5
2
3
Minnesota
5
1
4
Missouri
5
3
2
Nebraska
5
2
3
Notre Dame
5
5
0
St. Louis
5
5
0
West. Reserve
5
5
0
Philippines
5
5
0
33 others
less
than
5
-267-
Part E: The Alumni Sec. 148
Furthermore, because of the omitted schools, the figures are in
some instances lower than reality. For example, besides the 14
Northwestern graduates listed as teaching lav,/ in other American
Schools, there were in 1925 known to be at least 5 others (1 each
in Louisville, Arizona, and Oregon State College, and £ in North¬
western College of Liberal Arts and Commerce School. Northwestern^
total is shown in brackets in col. 3. But this allowance would of
course apply to other Schools* graduates also.
2. But, after these explanations, some interesting facts are
observable in Table E 6.
(a) In Col. 1. Total Number. Northwestern stands sixth in the
list of 66 schools. It is close in a group with Yale and Côlumbia;
above them are Chicago and Michigan close together; and far at the
top of all is Harvard. At a long interval after the first 6 or 7,
the remainder trail gradually off.
(b_) In Col. 3. Teaching^ in other Schools, we have a nearer in¬
dex of the extent to which the graduates not only keep up their own
interest in the teaching side of the law, but are sought or accepted
for that purpose by other institutions.
The distribution of the Northwestern 14 as to institutions
{besides the 3 institutions noted above in par. 1) is as follows;
1 each in Washington (StateU.), Michigan, George Washington, Colorado,
Catholic XT., Emory, Syracuse, So. California, DePaul, Loyola, Washburn,
Nebraska, and £ in the U. of Philippines (besides the 5 not listed,
as above noted), Of the whole 19, 3 were deans (1 deceased in 1926).
Besides those graduates above listed for American schools there is 1
each in the Imperial University of Tokyo and the Comparative Law
School of Shanghai (not making returns to the Directory)•
-268-
Part E:
The Alumni Sec, 148
In this Col. 3, 4, Northwestern again stands No. 6 out of the 66,
in the Directory figures. The higher 5 are the same as before, this
time with Yale preceding Columbia and Chicago preceding Michigan.
(o) So far as numbers of. graduates affect these totals, it may
be noted that some 14 of the Schools standing below Northwestern on
this list are and usually have been larger schools than Northwestern
(See Table D12); and that all of the 5 above on the list, aro and 3
have always been, larger than Northwestern.
As to the 5 above on the list, the case of Harvard is readily
explained by the history of its leadership. For some 20 years after
Mr. Langdell took charge (in 1870), its progressive innovations re¬
mained unrecognized elsewhere; in 1886 it still had only 114 regular
students and 40 special students; the 3d year class numbered only 16.
But the 250th Anniversary Celebration of Harvard College in 1886,
the founding of the Harvard Law School Association with branches in
nearly every State, in the same year, and of the Harvard Law Review
in 1887, focussed professional attention on its pioneer work. Its
numbers leaped up to 500 by 1900, then to 1000, by 1915. Its grad¬
uates began to be sought as teachers, especially when the new State
University law schools were organized, and increasingly from 1890
to the present day. The present dean of Northwestern University Law
was in 1893 • only the 3d or 4th graduate to be found as a resident,
professor in another Sohool; now the Directory shows four score.
The figures for the other 4 schools above on the list would per¬
mit of some interesting inferences as to the explanatory causes
for the variations, which have little relation to the size of the
Schools. But these explanations would be too lengthy and too
speculative for this report.
-269-
Part E: The Alumni Sec. 149
Sec, 149. Tests of Alumni Professional Success. It does not
seem possible, in the present stage of knowledge, to find exact tests,
in the subsequent life of the individual, of the success of an in¬
tellectual process so complex in itself as that of professional train¬
ing, and so dependent on its union with other influences for its
results in after life. The scientific tracing of cause and effect is
not yet feasible.
But, even assuming the course test of post hoc ergo propter
hoc,, the further difficulty is that the standard of success in life
is not easy to define. But for a lawyer it may be regarded as in¬
volving (1) an honest moral life, (2) the acquisition of a comfortable
income in livelihood, and (3) the performance of onets professional
and civic duties. One who can show these things may justly be ad¬
mitted to be successful. (4) Public prominence in the community,
and (5) large money income, are not essential. It would be unfortun¬
ate if any attempt to follow the careers of lav/ graduates wc-re to
pick out either of these last features in such a way as to give the
impression that the grading of success depended fundamentally either
upon notoriety or upon wealth. Whether in the large metropolis or
in the small town, the lawyer who reliably advises a respectable set
of clients in their legal rights and duties and makes a steady living
and in his local circle stands in honorable repute, is already one
of the pillars of the community. It would be a false disparagement
of such a man to point to those few who have attained notoriety or
wealth as if his success was to be measured as inferior to others.
Therefore, once for all, we decline to approve any materialistic stan¬
dard of success as a moans of gauging the efficiency of professional
training.
-270-
Part E: The Alumni Sec. 150
Sec. 150. Same; Who*s Who List. As a matter of mere
curiosity, nevertheless, one might investigate such lists as those
of Who1 s Who to compare the number of law graduates who, after a
period sufficient for maturity, have arrived at mention therein.
But, scientifically considered, this would b© so fallacious as to be
misleading. Such a list as Who1s Who contains lawyers who have
achieved success in literature—for example Arthur Train,—or in
politics—for example President Coolidge; hence, a place in that
book has no direct relation to legal training. It also includes
judges of Supreme Courts; but today the selfish civic standards of
America are such that in almost every Stat6 the lawyers who have re¬
ceived the highest esteem or financial rewards from professional
work decline to accept judicial position at low salaries; moreover,
political intrigue is too frequently the cause of elevation to the
Bench; hence, such distinction quantitatively taken, is no sure guide
to legal success of any kind.
Sec. 151. Same; Money Income. Also as a matter of mere
curiosity again it would be interesting to ascertain the money incomes
ef law graduates after a period of say ten years. But, besides the
impropriety of using such a standard, the money incomes would not
afford a scientific basis even for the comparison .of .different schools,
based on the materialistic standard. One reason is that the conditions
of pecuniary success vary usua.lly with localities, i. e. the qualities
which, togetherewith legal training, lead to success differ in the
different localities; hence any comparison would have to be localized
271-
Part E: The Alumni Sec# 151
for the several localities. But in seeking a scientific hasis of
uniform data for this purpose, it would he necessary to take a large
number of instances, and to select only those who have been at the
Bar for the same number of years; and, except in a few localities
like Chicago or New York, the numbers coming from the different
schools would differ so much and would in some instances be so small
that no scientific inference could be drawn.
Nevertheless, for different purposes three such sets of figures
have in part been gathered. The Harvard law School Secretary in
1912 gathered the figures {published in the Harvard Law Review,
vol. 27, p. 260) of all graduates of the prior ten years, for the
purpose of comparing the incomes that might be expected in different
localities. The Harvard law School Class of 1905 published in 1925
a Duodecennial Report (summarized in the Harvard Graduates Magazine
for December 1925 vol. 34, p„259), showing the money incomes of that
class in various aspects. Northwestern University law School in 1924
gathered (in manuscript) the figures of the incomes of the honor
graduates of the preceding ten years, for the purpose of ascertaining
the relation between practitioners1 incomes and professors* salaries.
For graduates, one of the comparable sets of figures of the first-named
inquiry was this: average, 8th year of practice, cities of over
100,000, $4551; cities of less than 100,000, $3550. One of the results
of the last-named inquiry ves, for honor gradua,tes of 8 years,
average, in Chicago $8616, elsewhere $4537. These figures are, of course
not scientifically comparable, first because the latter were dated
more than ten years after the former; secondly, because the latter
included honor graduates only; and thirdly, because the localities
-272-
Part E;
The Aluciai Sec. 151
compared were not identical. But the figures serve to show how
elusive and misleading are any such data for the purpose of gauging
the effect of professional training* Moreover, unless a clear
distinction is made in such returns between gross and net income,
the figures have little significance.
Tables E7 and E8 tabulates some of the figures.
Table E 7: Professional Incomes in 1925 of Class of 1905, Harvard
law School. (*)
Year
Group
1907
1915
1920
1925
1« All members, average
|1188
$4512
$12,300
$18,634
2. Regular Law Practice
19,490
Other Occupations
16,337
3. law Partnership
29,457
Practicing Alone
10,178
Salaried Positions
9,285
4. Hew York City
35,718
Boston
12,367
5,, East of Mississippi R.
19,661
West " " "
14,085
Pacific Coast
16,207
6, Individual Highest
Three at
$100,000
Harvard Graduates1 Magazine, vol. 34, p.259
{Pec.1925) Report of Secretary of Class of 1905,
-273-
Part E; The Alumni Sec, 151
Table E 8; Professional Incomes of Northwestern Honor List Graduates
1915-1922, in 1924,
Class
C
hie ago
Elsewhere
No. of
Replies
Highest
Lowest
Average
No. of
Replies
Highest
Lowest
Average
1915
7
$10,000
$4,000
$7,928
1
$5,000
1916
6
21,000
4,500
8,616
5
5,500
$3,600
$4,537
1917
7
7,000
3,600
5,182
3
8,090
5,000
6,530
1919
6
5,000
3,500
4,166
1920
4
3,000
1,450
2,387
1
2,900
1921
- 5
4,600
2,000
2,825
2
4,500
*
1,950
3r225
1922
10
TT
4,800
800
2,420
13
Sec, 152, Same; Quantity of Litigation, Still another at¬
tempt has "been made to base such a comparison upon the narrow field
of quantity of litigation itself as a test of professional success.
This was done By Professor Xauriz Void of the University of North
Dakota in 1920; his figures were published in 53 Harvard Law Review,
page 168, He assembled data as to the number of lawsuits filed in
court, and the number of lawsuits won, both in the lower court and
in the Supreme Court, He then correlated these figures with the
scholarship marks of the indivduals in law school, with their
**274s»'
Part E:
The Alumni Sec. 152
preparatory training, and with other circumstances upon which he
hoped to obtain light.
Such data, representing enormous labor in compiling, have a
plausible aspect; but, scientifically construed, they seem unreliable
and even misleading. Any one familiar with the conditions of lit¬
igation will appreciate this. In the first place, sound legal skill
does not necessarily consist in briig.ng law suits; more often in pre¬
venting them, in the next place, a favorable result, either in the
lower court or in a higher court, is determined to a large extent by
the merits of the case, either in fact or in law, and not by the
skill of the lawyer; therefore, the only possible inference here, from
a favorable result, will be restricted to the individual lawyer's
specific quality of good judgement in predicting the probability of
the outcome of the suit. In the third place (and this consideration
runs through the whole subject), the professional training in a
law school is limited to those qualities that can be measured by
mastery of the principles of law; but professional success involves
additionally several other qualities which may form dominant influences
and as to which the law school does not profess and is quite unable to
give training. And these qualities exist in the individual before com¬
ing to the lawschool and cannot be attributed to the legal training as
a cause. These qualities include moral honesty, tact, geniality,
good fellowship, eloquence, fluency of speech, sound judgment in
commercial and similar matters, and general adaptability to one's
surroundings. Moreover, fallacious as such data are, they multiply in
*
their elusiveness in different regions, and therefore a comparison be-
275-
Part E: The Alumni Sec. 152
tween such results for different schools would be even more unreliable
scientifically.
Sec. 153. Same: Bar Examination Success. Still another test
might be imagined, viz. success in passing the State Bar examinations.
This is a common test used for medical and dental schools. It has
only a narrow scope, because it concerns not the later and genuine
success in the professional career, but only the scholarship in law
that is tested by the Bar Examinations. But to that extent it ought t»
»
be the more closely comparable with the usual tests for law school
graduation.
However, in the legal profession at least this test is not and
never has been relied upon. There are several reasons. It is
enough to mention that in the State of Illinois the Bar Examinations
have only recently come to be framed in a manner which is worthy of
being used as a substantial test of attainments in legal scholarship.
But even in the present stage of improvement, the examination is
subject to the peculiarity of all law examinations, viz, that they
leave a wide range of discretion for the examiner in gauging the
answers, due to the law not being an exact science in the same sense
that chemistry and biology are so termed; so that an examination
framed and marked by an examiner who has not the personal acquântance
with the exact materials on which the student is supposed to have been
prepared cannot be as rigid in his requirement of answers as is
possible in the lav/ school itself. But most of all, the reason for the
impossibility of using the State Bar Examination as a comparative
-276-
Part E:
The Alumni Sec. 153
test of grades of schools is the inequality, due to the wide differences
"between the groups of schools that prepare students. On the one
hand, taking the schools in Illinois, half a dozen evening schools
have for their professed object mainly the preparation for the
Bar examination; while the University day schools look to the broad
preparation for the professional career. Thus a larger percentage of
success at bar examination might naturally attend the former. On
the other hand, as between the Illinois day schools and the good
schools in other States, the latter would naturally not give a prepara-r
tion so likely to meet the immediate views of the Illinois State
Examiners; whereas in medical and dental schools there are no State
lines for their science; hence, for law schools, a comparison would
be unfair to the schools in other States. Aside from this, all Bar
Examinations, due to complicated circumstances have an undoubted
small element of chance for the candidates. It is enough to say that
the legal profession does not regard the Bar Examinations yet as an
exact test of law school training.
A few years ago a proposal was made to the State Bar Examiners
to publish the results of the examinations showing a comparison by
schools. But this was opposed, because at that time the Bar Examiners
enforced the requirement (which was correct under the rules of the
Suprême Court) that the applicant should show only that he had studied
fof the required period of time at the particular school, regardless of
whether he had graduated or even obtained good marks. The result rf
such publication would, therefore, have been to charg6 the schools with
the failures of many men who had been consistently failed by the
schools themselves. The proposal was, therefore, abandoned. Beginning
-277-
Part Es
The Alumni Sec. 153
with 1924, the amended rules of the Supreme Court require that the
applicant shall have graduated from a three yearsT course in the
law school and not simply studied there; otherwise his course of
preparation must take four years instead of three. Hence, when this
provision has had sufficient time to operate, it is possible that the
proposal to publish the results of the examinations will again be
mooted.
In conclusion, no scientifically satisfactory test, either
positively or comparatively, for gauging the efficiency of law school
training by its results in after life, is yet available.
Sec. 154. Alumni Assistance and Cooperation: (1) Visits.
This being a relatively small school, personal friendships between
students and officers have been possible, and ha.ve continued after
graduation. Chicago being the great crossroads of the nation,
alumni are passing through the city frequently. The result is that
they almost invariably visit the School to renew old acquaintance and
to recite their experiences, often briigLng their families, sometimes
a blushing bride. The office gives them a list of their old class¬
mates in Chicago and they proceed to foregather. Every week sees visits
of this kind, from local or distant alumni.
One material result is that the Faculty is kept closely advised
of alumni opinion in general, of professional standards, of methods
of success at the bar, and of professional conditions at large.
-278
Part E:
The Alumni Sec. 155
Sec, 155, Same: (2) Placement of Graduates. Every spring
for some 15 years past (with occasional exceptions) g letter, signed
by the Dean of the School, is sent to all alumni outside of Cook
County, Illinois, asking, on behalf of the graduating class, for
information as to the prospects of placing a young lawyer in the
informants region. The inform?.tion is expected to cover the probable
income and expense rates, the kind of practice there common, the
professional conditions generally, and any specific openings known to
exist. Usually from 50 to 100 answers are received. These are
posted on the Bulletin Board, for information of the graduating class.
The answers cover nearly every region of the nation, The letters
often add useful bits of wisdom and warning, such as an older brother
might give to a younger. Indeed, a useful book could be compiled
from their philosophizings. In 1927 a Bulletin containing extracts will
be published.
A few intending graduates every year make a systematic study of the
placement problem, for their own benefit. They indicate to the
School office the counties or States where they might be willing to
locate; the Office furnished them with the names of alumni now there and
they write directly to inquire, and later visit personally the most
eligible places.
Of course, the Chicago alumni usually advise the office beforehand
when they have openings for graduates. Most large firms have graduates
of other schools a.lso in their membership; and the personnel of the
subordinate staff in such offices is usually diversified as to School
origin.
-279
Part E: The Alumni Sec. 156.
Sec. 156. Same; (3) Illinois Law Lecturers. All the staff
of Illinois Law Lecturers, since the beginning, 20 years ago, have
\
been (except one) alumni of the School. This valuable service has
been obtainable because of the loyalty to the interests of the School.
Without such loyalty to reckon upon, this unique course would ham
have been impracticable.
Sec. 157. ( Same; (4) Endowment and Building Fund Campaign.
In the Summer of 1919 the Alumni cooperated heartily to organize an
Endowment and Building Fund Campaign. This was apparently tho first -
instance in this country in which a campaign was undertaken for tho
endowment of a law school,—certainly the first time of such an
alumni undertaking. Hitherto, a law school had been looked upon by
the profession as mainly an occupational training school, not
particularly an institution of public service, entitles to appeal for
an endowment. The undertaking was based on the theory that a law
school merited public support as an institution of public service on
the same footing as a medical school or a college.
The alumni organized themselves into some 40 class committees
headquartered in Chicago, and some 60 other local committees, grouped
by Illinois counties and by other States, The active campaign con¬
tinued for a year. It resulted in a total subscription of over
|1,000,000. of which over $500,000 represented subscriptions by
Alumni.
-280-
Part S: The Alumni Sec. 15V
All subscriptions were originally handled by the Law Alumni
Trustees, a charitable corporation organized for the purpose. After¬
wards, in 1923, the Trustees of the University organized a general
University campaign, and in this general campaign the Law Alumni was
included.
The experience of this alumni campaign demonstrates that the
alumni of a law school, in spite of their frequent college ties to
other institutions, are capable of giving devoted and invaluable
service to the betterment of their professional alma mater..
Sec, 158. Alumni Yfer Service in the World War; The students
in the School, from April 6, 1S17, were prompt to enlist and to apply
for admission to the Officers* Training Camps. The Alumni and students
did their ample share in sustaining the burden of personal war service.
In the new Law School building there is a stone memorial tablet to the
nine gold-star names, and also an illuminated album containing the
names, engrossed, of all who rendered war service.
The uniform of military service, and the discipline of military
law, commonly mart off the technical distinction between soldier and
civilian. But in this war so many branches of military service were
not combatant, and so many forms of direct war-help were given by
civilians, that the technical distinction ceased to have exact meaning.
The border-line therefore was liberally interpreted in compiling this
record. It included the Students* Army Training Corps, the Selective
-281-
Part S:
The Alumni See. 158
Service Officials under the Provost Marshal General,- the Four-Minute
Men, and a few other memberships.
The names were listsd in three groups;
A. Alumni and Students who were members of the School prior to
their military service.
B, Students who entered the School after their military service.
0. Faculty, and Office Staff,
Within the first two groups the names were listed by Classes,
The following figures shov; the total number of those who
entered the several branches of military (including naval) service,
in the strict definition, and of the several ranks held at the time
of discharges (Tables 3 S and 310)
-282-
Part E: The Alumni Sec, 158
Tatle E9, Numbers of Alumni end Students in Military Service,
1917-18
Branches of Service
Group I
Group II
Entered School before
Entered
Military Service
Afterwards
Army: Infantry
127
47
Artillery
87
21
Air
40
10
Students Army Training Corps
32
36
Ordnance
23
2
Quartermaster Corps
23
1
Medical Corps
16
9
Judge Advooete General
11
Cavalry
10
Signal Corps
8
4
Motor Transport
8
5
Adjutant General
7
Engineer Corps
6
3
Tank Corps
4
Intelligence
1
Miscellaneous
6
Total
409
138
Navy: Various Branches
74
24
Marine Corps
7
6
Total
81
30
Grand Total
490
168
*283-
Part E: The Alumni Sec. 158
Table e 10. RANKS of Alumni and Students* in Military Service,
1917-18.
Ranks of Service
Group I
Group II
Army:
Colonel
4
Lieutenant-
Colonel
5
Major
12
1
Captain
43
8
First
Lieutenant
68
5
Second
Lieutenant
85
28
Air Cadet
9
3
Sergeant
(5 Sergeant -
Majors)
41
14
Corporal
11
11
Total
278
70
Others
131
68
Navy: Lieutenant-
Commander
4
Lieutenant
11
3
Ensign
15
7
Petty Officer
16
8
Total Officers
46
18
Others
35
12
Three women were in
the Service: Medical C.o:
rps, 1 (ambulance
driver); Signal Corps, 1 (telephonist, at the front); ïïavy, 1 (Chief
yeoman, radio branch).
-284-
Northwestern University Law School Educational Survey 1925
Part F: The Library
-285-
Part F: The Library Sec, 159,
Sec, 159, History, In the early 1890*s the School Library
contained few books. The students and the faculty had the privilege
of using the library of the Chicago Law Institute (then containing
some 30,000 volumes, and owing its excellent range to the .presiding
intelligence of Julius Rosenthal, its learned librarian). When tbe
the School removed to the Y„ M. C. A. Building in 1899, gifts se¬
cured by President Rogers added some 3000 volumes, and in 1901, on
removal to the enlarged quarters at Lake and Dearborn Streets, the
Trustees by vote enabled the addition of some 10,000 more volumes.
At this time the nucleus of a collection of Anglo-American Legal
History material was formed, by the cooperation of Charles C, Soule,
of Boston (President of the Boston Book Company and the best legal
bibliographer of his day), who gave the benefit of his experience
in purchases in London,
In 190E Frederic B. Crossley, *99, was appointed Librarian.
In 1902-3 began the gifts of Elbert H. Gary, *67.
These gifts, continuing from year to year, made it possible to
extend the scope of the Library in all directions. The American Bar
Association Committee on Legal Education had begun to urge an enlarge¬
ment of the curriculum beyond the mere technical courses then common,
and to recommend the inclusion of Legal History, Jurisprudence, Inter¬
national Law, Common Law, Comparative Law, and the like. To meet
these recommendations/ and to collect suita/ble materials in those sub¬
jects, an adequate bibliographic knowledge of those fields was re¬
quisite. Accordingly, in 1905, the Dean of the School made a lengthy
European tour, vi-siting all the principal law libraries (State,
University and Bar) from Christiana to Budapest, observing their scope
-286-
Part F: The Library Sec, 159
and staple materials, and collecting printed bibliographies and catalo¬
gues. Later, in 1915, the Librarian made a visit to England for
similar purposes. It then also became necessary to study the book¬
sellers* lists in a dozen European countries and languages, in order
to prepare order-lists.
Correspondence and ordering were feasible by placing all orders
for the Continent through the house of Martinus Hyhoff, at the Hague,
to whose skillful cooperation much of the results were due. The task
was further an onerous one, because the Librarian had but one pro¬
fessional. assistant, throughout the entire period, end was also fill¬
ing the office of Secretary of the School,
By 19£4, due to the annual money-gifts of Judge Gary, aided by
a sme.ll annual appropriation in the budget, the total number of
volumes had reached over 60,000 volumes, classified (for purposes of
use) into eleven collections* Anglo-American Modern; Anglo-American
Historical; Continente.1 Modern; International; Comparative Legal
History (Ancient, Oriental, Primitive, and Medieval); Roman and Civil;
Ecclesiastical; Jurisprudence and Philosophy; Criminal Law and Crim¬
inology; Latin-American; Legal Bibliography.
An extensive collection of legal portraits and scenes, nearly
a thousand in all, gathered partly on various European visits, had
also been added.
-£87-
Part F: The Library Sec. 160
Sec. 160. Scope. The Law School Library is now known as
the Elbert H. Gary Library of Law and is housed in the Elbert H. Gary
Library of Lav/ Building on McKinlock Campus, Chicago*
Among the most interesting and valuable of the collections on
departments are;
1. The collection of manuscripts including many rare documents
of a legal and historical character. The most notable of this
material is the Williams Collection, comprising some 500 original
legal manuscripts bearing dates from 1300 to 1700 A. L» These docu¬
ments include contracts, deeds, leases and agreements of various
sorts, invaluable in the study and preparation of present-day docu¬
ments.
2. The collection of Anglo-American Modern Law including all
the reports of the Courts of final jurisdiction in all States and
Territories of the United States; reports of Federal Courts, Boards
and Commissions; statutes of the United States and of all of the States
and Territories; complete statute» and nearly all of the reports of
Courts of final jurisdiction in England, Ireland and Canada since the
beginning of the Year-Books, and a large collection of digests,
periodicals, encyclopedias and treatises.
3. The Collection of Modern Continental Law including substan¬
tially all of the modern laws and jurisprudence of all countries of
Continental Europe, comprising some 23,000 volumes and representing
some twenty-three European countries.
4. The Collection of International Law comprising a large • .
quantity of material relating to American, British and Continental
diplomacy not elsewhere available in the west. In this Collection
-288-
Part F: The library See. 160
will be found all of the official material of the league of Nations
and the International Court of Justice.
5. The Collection of Criminal law and Criminology containing the
most important materials on this growing subject from all countries.
6. The Collection of latin-American law including a collection
of the codes, ordinances, decisions of the Supreme Court and most
important treatises in leading law journals of the South American States
so far as obtainable. This Collection is being increased as rapidly
as material can be acquired and will include the Robert 0. Farrell
and Theodore S» Chapman Collection of Mexican law, now in process of
being acquired through the generosity of the persons whose names
the Collection boars,
7. The Collection of Anglo-American Historical law containing
many rare volumes of inestimable value to persons interested in the
study of the development of any phase of the Common law.
The scheme of arrangement of the library in the new building
renders all material readily accessible to students and lawyers. A
complete subject-and-author catalogue and index for Anglo-American
material and a.uthor-and-index catalogue for all other material is
located at the entrance to the reading room. The catalogue cards
show the classification, and a location guide shows the location of
each collection in the library. The end of each alcove contains an,
index of the contents of the alcove, according to shelf number, and
every shelf contains a contents label.
-289-
Part F: The Library: Sec* 160
An arrangement with the John Crerar Library and the Chicago Law
Institute has been made to prevent the duplication of rare and costly
material; this arrangment is for the purpose of ultimately obtaining
for Chicago, so far as possible, a complete collection of all
desirable literature of the law.
Access to the Library is granted all Alumni and other resident
members of the Bar, for a nominal yearly fee and books are loaned,
through other reputable law libraries, to persons outside of Chicago,
- frequently to members of legislative committees in different State
jurisdictions.
290-
fforthwostern University Law School Educational Survey 1925
Part G; Location and Equipment
-291-
Part G: Location and Equipment See 161
See. 161. The Law School of northwestern University, though
founded in 1859, was not until 1926 housed in premises exclusively de*
voted to its own worlc.
The School, when first opened was in the Larmon Block; (afterwards
called the Reaper Block) in the same building the Federal Court was
then held» From some time in the '80s until 1894 it had rooms on the
third floor of the Dickey Building, at 40 Dearborn St. From 1894
to 1899 its quarters were on the seventh floor of the Masonic Temple,
at Randolph and State Streets, In 1899 it removed to the topmost floor
of the Young Men's Christian Association Building, at 153 La Salle Stf
IText, in 1902, on the acquisition by the University of the Tremont
House, at Lake and Dearborn Streets, it was assigned the third floor
of this remodeled building; the Schools of Dentistry and of Pharmacy
(later of Commerce) occupying the upper floors.
The present site of the professional schools was secured by the
University in 1920» The former locations of the Medical School, at
2440 South Dearborn Street, and of the Schools of Law, Dentistry, and
Commerce, at 31 West Lake Street, had proved to be no longer adequate.
As early as 1915 the plot of land at Lake Shore Drive and Fast
Chicago Avenue had been provisionally chosen as the most eligible,
after a survey of the Forth Side, by a committee of the University
-trustees, including Wm. A. Dyche, Hathan William MacChesney, *02,
and Philip R. Shumway, Thetitle was then represented by John V,
Farwell, Arthur L. Farwell, and Kellogg Fairbank, as trustees of cer¬
tain estates. In 1916, an option of purchase was given; but this ex¬
pired. Early in 1919, after the Armistice, negotiations were resumed
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Part G; Location and Equipment Sec. 161
"by the Lean of the Law School; and in May, 1919, two options were se¬
cured, one on a smaller corner, for the Law School, and one on the
e: ntire tract, for all four schools; these options were obtained and
held by a committeee of Law School Alumni, who afterwards incorporated
as the Law Alumni Trustees. The options were deposited with the Bowes
Realty Company, Frederick M. Bowes having given cordial assistance
throughout. (The original instrument of option for the Law School
corner is now preserved in the Lonors* album, on the lectern in the
Entrance Lobby) . The Law School Alumni then organized, and started
their campaign for an endowment and building fund. In 1920 the
University Trustees, having made the decision to remove all four pro¬
fessional schools to this location, too]^ tup the larger option and
acquired the entire tract, giving it the name of the Alexander McKin-
lock Junior Memorial Campus. In 1923, as a sequel to the Law Alumni
Campaign for a $1,500,000 Endowment and Building Fund, Mrsi Levy
Mayer donated the sum necessary for a law school building in memory
of her husband, Levy Mayer, eminent member of the Chicago Bar and once
a lecturer in this School. In 1924 Elbert H. Gary, T67, donated the
sum needed fpr a library building, to house the law library already
accumulated through his gifts. The year 1926 saw the completed con¬
struction of these buildings; and the School entered at last into a
domicile of its own, the grateful terminus of seven decades of trans-
transiency. It now chanted, with Catullus,
"0 quid solutis est beatius curis,
cum onus mens reponit ac peregrino
labore fessi venimus larem at nostrum'"
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Part G: Location and Equipment Sec. 161
The details of the new buildings have been fully described in a
Descriptive Booklet (1927) sent to all aluiani and containing a list
of all donors' names.
The retention of the Law School in the heart of the city, instead
of its removal to Evanston, was deemed essential to its best use¬
fulness to the profession and to the community. In this location,
it can readily adjoin lecturers to supplement the work of the resi¬
dent members; the faculty are able to keep in constant touch with
bench and bar; through its clinics the School can enlarge its servie^
of legal aid to the poor of the community; the local alumni can con¬
tinue to make these quarters their secondary club-resort; the
district alumni, passing often through the metropolis, can keep up
the custom of friendly visits to their old haunts; the faculty can
maintain its active share in the work of professional committees;
visitions from many regions, representing varied interests, enhance
the cosmopolitan atmosphere of the institution; and students are
weaned from the distractions of care-free college activities and be¬
gin to realize that they are apprentices bound to a professional
career. The new location of the School, on the margin of the spark¬
ling Lake Michigan, opposite a City Park and the State Armory, and
linked with three other professional schools in a segregated campus,
provided a spacious and inspiring environment.
In 1902, at the annual banquet of the Law Alumni Association,
President James emphasized the importance of worthy quarters for a
professional school. "External equipment is very essential," he
declared, "in the growth of the great technical schools. It has been
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Part G-r Location and Equipment Sec. 161
said that today too mu.ch of the money spent hy educational institu¬
tions was for h rick and mortar. I do not think so» In my opinion,
there is not an educational institution in the United States today
which has am adequate external equipment for the work it is called
upon to do. A person needs a beautiful body as well as a beautiful
soul, to work out the best results} and this is just as true of in¬
stitutional life as of the life of a human being."
In planning these buildings, the Faculty of Law acted upon
President James* principle. It was sought to provide a fitting home
for legal scholarship, one that would dignify daily work amidst re¬
minders of the School*s historic past, memorials of the legal pro¬
fession at large, and symbols of the broad world of Law,—one that
would inspire the student with faith in the achievements of his pre¬
decessors and resolution to do his own part of that great work in the
future.
An environment of professional dignity and propriety was sought,
not as an end in itself, but as means to an educational end,—to im¬
plant in the aspirant the ideals of a scholar and a gentleman, that he
me.y become the inheritor of the 'best traditions of the Anglo-American
Bar,
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