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NORTHWESTERN UNIVERSITY
SCHOOL OF LAW
Bulletin No. II
The Law School Development
Program
Published and Distributed
by
The Development Committee of the Trustees
of Northwestern University
MELVIN A. TRAYLOR, Chairman
ARTHUR ANDERSEN, Vice-Chairman GEORGE A. McKINLOCK
ALBERT E. CROSS
FRED W. SARGENT
ARTHUR W. CUTTEN
CHARLES W. SCHWEPPE
MRS. ARTHUR M. LONG
CHARLES H. THORNE
RAYMOND C. WIEBOLDT
Ex-Officio Members
WALTER DILL SCOTT
ROBERT W. CAMPBELL
WM. A. DYCHE
GEORGE A. ~IASO:\'. Chairman Law School Development Committee
FRF.DER!C P. VOSE, Vice-Chairman
��...
FORE-WORD
by
FRANK 0 . LOWDEN
�FOREWORD
FRANK 0. LOWDEN
SINNISSIPPI FARM
OREGON, ILLINOIS
December 14, 1929
Dear Dean Green :
I have read your paper called "The Law School's Part in the
Development of Scientific Control of Government", with very
great interest. Indeed, I was so impressed that I have read it a
second time. I like your program. It seems to me a logical
development of the great work Dean \,Vigmore has done so well
-work that has brought great distinction to the Northwestern
University Law School.
If I read the signs of the times aright , the mo st significant
trend of the present is an awakening interest in those fields of
thought which have to do with the relations of men. The
enormous progress of the material sciences has revolutionized
the world. New and complex problems have therefore been
created which society so far has not satisfactorily met. Many
of our profoundest thinkers believe that we must apply to Law,
to Economics, to Politics, and to the other social sciences, the
methods by which material sciences have achieved such phenomenal results. In other words, they would substitute the
laboratory method for a priori speculation. Just as science has
produced our modern social problems, so, if we are to solve those
problems, we must employ the same methods by which they were
created.
This, as I understand it, is the meaning of your program,
and I am heartily in favor of it.
vVith all good wishes for its success, I am,
Very sincerely yours,
(Signed) Frank 0. Lowden
Dean Leon Green,
Northwestern University School of Law,
357 East Chicago Avenue,
Chicago, Illinois.
�The Law School Development
Program
(The Law School's Part in the Development of
Scientific Control of Government)
By
The Faculty of Northwestern University
School of Law
October 5, 1929
Approved by the President and Executive Committee
of the Board of Trustees of the University
�THE LAW SCHOOL DEVELOPMENT PROGRAM
GENERAL FACTORS
Government and business have definitely taken a turn from
what may be called political methods to tho;;e of science. Their
processes and relations to each other, ·if they ever were, are no
longer so simple that every citizen understands them as a matter
of course. The further we go the more devices are found necessary to deal with them. The study of these processes and relati6ns and the development of their controls necessarily focus in
the use of that power we call law. If science has anything to
contribue to human happiness, it must be here. But as Walter
Lippman says, "The full realization of the place of science in
modern life came slowly, and only in our generation aan it be
said that political rulers, captains of industry and leaders of
thought have actually begun to act upon that realization". N either government nor business has yet developed sources for supplying its scientists.
The educational institutions of the country must meet the
demands here as elsewhere. The particular problems involved
definitely fall to schools of law and their allies in the social
science field. This accounts for the tremendous expansion now
taking place in law school programs, and the definite alliances
which are being made by law schools with schools of commerce,
government 1and medicine, and with all other graduate schools
which have interests in common with it.
'
There is a parallel for this development to be found in the
growth of medical science in recent years. The same sort of thing
which is now getting under way in law began in the medical
world only a short time ago. First there were volunteer health
societies with a few dim theories, then health boards, then scientific commissions, and then hospitals, clinics, and other activities,
finally developing the superb medical schools as we know them
today. Those who condemned such undertakings in medicine as
fantastic were even more positive than the doubters who condemn like undertakings in governmental science. It will be
noted that the medical school was the ultimate development, and
the reason is clear. It was necessary to have an instrumentality
for developing the scientists who were to carry on the extensive
undertakings of that profession and its science. The instrumentalities which have been brought together for this purpose in the
form of medical schools range from the simplest mechanical device to the most highly tnained expert. These, and everything
in between, are essential to the training of the individuals who
are to perform the numerous functions required by that science.
Nothing less is required for the development of legal science if
it is to supply the executives and advisers and numerous trained
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�citizens of every sort, who have to do with government and business. The only difference probably will be that the plant and
equipment for the law school can be provided at a relatively
small cost, as compared with the extravagant laboratories and
equipment required for the medical schools.
In strength contributed to a university, none of its branches
stand ahead of its law school. On the other hand, in support required for its .own successful development, probably no other
branch is so dependent upon the university. This seeming paradox of excessive strength on one hand, and excessive weakness on
the other, it not easily explained.
A law school's strength lies in the power with which lawyers
are entrusted. Directly and indirectly, they have a larger control of
wealth and governmental processes than any other single group
-a control out of all proportion to its numbers. No policy of
any great significance in any of the numerous activities which
people engage upon and which affect the general welfare can become operative until such policy hias won its day with the lawyer.
The lawyer's power may be brought to bear as adviser, advocate,
business executive, legislator, judge, mem1ber of a commission, or
administrative officer. He is literally the trustee of all society.
This ascendancy of power every s uccessful university has on its
side. It is found in the fundamental organization of the institution. It is found in the promotion of the institution's standing in
the popular imagination. It is found in the personnel of boards
of trustees, and in suggestions made to clients who desire to
make their bequests of lasting importance. It is found in the
distribution of the wealth of lavryers themselves.
Why have lawyers and their families been more generous in
their support of educational institutions at large than of their
own particular schools? The exceptions are notable: Mr. Sterling of Yale, Mr. Cook of Michigan, and Mrs. Levy Mayer and
Judge Gary of Northwestern. Even Mr. Sterling's generous benefaction of some six million dollars was but a fraction of his
fortune which was given to other educational enterprises. There
are, of course, other lawyer benefactors of lesser magnitude. Why
have law schools generally found it so much more difficult to
obtain financial support than other schools? There are several
answers.
The first answer is to be found in the limited type of training which law schools have given their students. Lawyers who
have reached the plane of large responsibility have frequently
commented upon the small part the restricted instruction received
in law schools played in their development. As a consequence,
their broad and generous outlo9ks of later years find no great
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�value in promoting the sort of training which they received.
They are looking for more 'Significant ventures to support.
The second answer is that law schools themselves have done
little to expand their scope of training, other than to put legal
doctrines upon sound historical bases. The predominate type of
law school still adheres to a comparatively narrow instructional
program.
The third answer i'S that the few schools which have sought
to broaden their horizons to meet the demands imposed upon the
present day lawyer, have not been able to articulate their programs satisfactorily, so that lawyers and intelligent laymen could
understand what is being proposed. Law schoof men generally
are still perhaps as much bewildered as to what is taking place
in legal education as are those whose faith must be depended
upon to support the schools. But it is a healthy sign that leading
law school men are up in arms against the short ranged program
of the passing school. They are demanding a training more in
keeping with the lawyer's functions. They are seeking to reclaim
the-attention of those who long .ago outgrew the bounds of their
early legal training, and with it all, an understandable program
of objective'S is being evolved.
Northwestern University Law School has been one of the
two or three schools of the country longest interested in expanding the scope of the lawyer's training. Many of its experiments
have been accepted widely. At the same time, its scholarship has
been of the richest sort. Without abating the rigor of its insistence upon strictly legal training, it proposes to continue the
broadening of its program in cultural interests; to continue to
extend and strengthen its alliances with the fields of business,
government, and other social sciences; to develop further its
relations with the bar and governmental agencies of the community; and in every way possible to bring the lawyer's training
into harmony with his every day duties.
SCOPE OF THE PROGRAM
In order to continue the school's development upon the broad
foundations which have already been so painstakingly laid, the
following program, which can only be briefly stated, is proposed:
I.
II.
The Student Group.
A. Limitation in Numbers.
B. Tuition.
C. Scholarships.
D. Selective Methods.
Increase in Faculty.
A. Small Study Groups.
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�B. Individual Work by Students.
C. Realignment of Teaching Materials and Curriculum.
(1) Groupings of Materials.
(2) Endowed Foundations.
( 3) Supplementary Suggestions.
D. Research and Experimental Organizations.
III.
IV.
The Completion of the Physical Plant.
A. Buildings.
(1) Dormitories.
(2) Extensions of the L·i brary Building.
(3) Space for Research and Experimental
Organizations.
B. The Library Collection.
Summary.
A. Objectives.
B. Financial Support.
I. THE STUDENT GROUP
A. Limitation in Numbers.
All problems concerning the student group revolve about
two ideas, namely, numbers and quality. The problem of numbers is not subject to accurate solution. Its solution must always
be an adjustment between facilities, educational policies, and the
cost of operating the institution. It has been determined tentatively that th e faci lities of th e present plant and the faculty as
recruited to full strength will accommodate about four hundred
students. ]'his number will be tried out. If too large, it can be
reduced. If more students can be accommodated, the number
can be increased. But the chances are that the number must be
further limited, rather than increased.
Again the medical people have led the way. Some of the
most extravagantly equipped schools have limited their first year
regi stration to as few as fifty. Probably law schools wiill never
reduce their numbers so radically. But the idea at the bottom
of such strict limitation is essentially that of apprenticeship,
which as an effective teaching device has never been excelled, or
perhaps equalled, by any other method. It means individual investigation and supervision. In order that a law teacher may
give law students so'mething approaching adequate individual
attention, the group must be relatively small. The investigations
and paper work done by students in law school courses is equal
in tediousness and time consumed to the laboratory methods of
the physical sciences.
Of almost equal import with indivlidual instruction and
supervision are the advantages students gain from one another
7
�where the group is small enough to allow intimate contacts by
students of the same grade of intelligence. They teach one
another far more effectively than they are taught by class room
instruction. Every consideration requires that the s•ize of classes
be reduced as quickly as possible.
B. Tuition.
With a limited number of students, the question of tuition
becomes a problem. There is no such thing as charging a student
the full price of his training but here again an adjustment can be
made which is not too exacting upon the student, and which at
the same time reduces the deficit of the school. Measured by the
standards of other good schools with larger student bodies and
facilities not so good, the present tuition rate is too small. It
should be raised as quickly as possible to at least $400.00, with
due regard to students already in the school. It may be a question whether it should go to as much as $500.00. Students who
are able to pay should p.ay. Those who can not pay and are
desirable students should be aided financially.
Scholarships.
The increase in tuition would be largely offset by the increase
in scholarships to. deserving students. Such scholarships should
take various forms, ranging in amounts, and from outright subsidies to the best students, to mere temporary loans to others.
Probably the usual arrangement would be a long-time loan, and
for such an amount as would meet a substantial part of his expenses, at least all or part of the expenses of tuit,ion. While a
student should not be paid to go to school, yet first rate ability
is too valuable to be allowed to go to waste for want of the slight
financial support required for the period of law school training.
One of the functions of a university is to be on the outlook for
exceptional ability, and to promote those who have it at any cost
within reason. It is believed that a fund of $20,000 a year for a
period of ten years, revolving in its nature, would in time adequately care for the general needs of this sort.
C.
D.
Selective Methods.
I
To successfully limit numbers, there must be some method
of selecting the group. The machinery required for selective purposes is not simple. There is no one acceptable scheme. Nor will
there likely be such. Various devices are employed. The most
reliable, used especially as checks upon each other, are as follows:
1. Prior to Entrance.
a. Previous scholastic records.
b. Personal interviews of applicants by members of the faculty.
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�c. Intelligence tests.
d. Strict records kept on the students who come
from particular schools.
e. Distribution geograph'ically and with reference to the strata of society.
2. After Entrance.
a. Promotion of a limited number only, on the
basis of the first year's record.
The problem is partly one of preventing the unfit from
entering, but also one of determining the most fit after a period
of experimentation in legal studies. It is not one of foretelling
just how each man admitted "'' ill rate at the end of his first
year, or even at the end of his course. If the latter were the
problem, it could never be even approximately solved, for there
are always distressing failures, even among most promising students. If the failures can be reduced from year to year, the
standing of the student group can be built up. The processes for
dding this require time and experience and continued intelligent
effort. Large steps can be taken during the first few years, but
thereafter it is a question of very patient administrait:ion. The
advantages to everyone concerned are obvious. The time and expense to the rejected student are saved to him or his family. The
time of the faculty is saved for better students. The ·successful
students are not subjected to the loss of time and breaches of
morale which follow in the wake of unsuccessful students. The
development of the school and its prestige are both accelerated
by good students. There is no injustice done. No one is complaining of "too few" lawyers. The cry is always "too poor"
lawyers. This School is committed to the policy of better students
·and better trained citizens and lawyers.
II. INCREASE IN FACULTY
It is in the increase in Resident Faculty that the departures
of the suggested program are most marked.
A.
Small Study Groups.
The limitation of students to four hundred does not eliminate
large classes. The first-year classes still range around one hundred fifty . Some of the other classes reach more than one hundred. These classes are too large. Smaller sections are necessary. Dividing them into smaller sections requires more teachers. Thus have the faculties of all the schools who have sectionized their classes been increased.
B.
Individual Work by Students.
' As a natural outgrowth of smaller classes, students necessarily are led to attempt more individual investigation. Their
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�studies become more interesting, and the problem is not one of
meeting the requirements, but one of keeping up with the students' demands. These invesitigations take the form of papers
and reports, which require both supervision and examination.
Here, both study and teaching are at their best, and the added
consumption of time on the part of both student and teacher is
immediately reflected in the student's development.
C.
Realignment of Teaching Materials and Curriculum.
The realignment of teaching materials and curriculum is probably the most important item of the whole program. What this
shall be, no teacher can forecast. To set about it at all requires
the greatest courage, and a determination to engage in the most
painstaking work over a period of at least ten years, and more
likely twenty.
Some fifty years ago an alignment of materials was begun
by the Harvard Law School professors. That alignment has been
developed in detail at Harvard and elsewhere, and it still dominates legal study. It was made in the form of casebooks built
on doctrinal classifications. In comparison 'with anything that
went before, it proved a tremendous advance, and as a teaching
instrumentality the case book, in some form, will probably never
be supplanted. But the doctrinal classific.ation has proved narrow
and misleading. It fails to develop the other important aspects
of the jud!icial and other governmental processes, which are
probably more significant than the legal doctrines themselves.
There is universal protest against the lack of something in the
doctrinal case book device, but there is no agreement that anyone has yet definitely located the trouble. It is here suggested
that the trouble lies: (1) in the falilure to study the processes
of government as a whole; (2) in the failure to relate them definitely to the world about, and particularly the world of business
and related interests. To make such study will require the
realignment of materials on the broadest scale, so that doctrines
and rules and theories will be somewhat submerged, and other
factors in the processes will be allowed to come to the surface.
(1) Groupings of Materials.
The following are possible comprehensive groupings of related matters under which materials could be aligned for teaching and other purposes. The subjects as now taught in various
schools are listed (though not exhaustively) beneath each heading, to indicate roughly the sorts of materials which would fall
under each. These subjects are fragmentary, and greatly overlap. Doubtless more comprehensive courses could be devised
which would better relate the entire subject matter. Probably
some of the subject matters would find a better place under other
headings.
10
�GROUP I
,.
GROUP II
LAW ADMINISTRATION
A. Political Organization and Methods
Federal, State and City Governments
Relations between the United States and
its Dependencies
Legislative Methods (Science of Legislation)
Legislative Procedure
Legislative Draftsmanship
Statutory Construction
Contemporary Legislation
Codes and Revised Statutes
Administrative Law (in part)
Municipal Corporations (in part)
Military Law
B.
Court Organization and Procedure
· Court Organization
Bar Orgarnization
Jurisdiction
Conflict of Laws (in part)
Common Law and Statutory Remedies
Equitable Remedies
Common Law, Equity and Code Pleading
Practice
Evidence
Judgments and Res Judicata
Appellate Review
Federal Procedure
Extraordinary Remedies
Comparative Civil Procedure
Procedural Theory
C.
Professional Practice
Legal Clinic
Practice Court
Office Management
Brief-making
Professional Speech
JURISPRUDENCE AND LEGAL HISTORY
Analytical Jurisprudence
Historical Jurisprudence
Theoretical Jurisprudence
Philosophy of Law
Legal Method
Comparative Law
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�Legal Systems
Anglo-American Legal History
Roman Law
Legal Biography
Legal Literature
Law Library Science
GROUP III
CRIMINAL JUSTICE (Field of Crime and
Criminal Law Administration)
Criminal Law
Criminal Procedure
Police Organization
Police Methods
Criminology
Penology
Criminal Statistics
Constitutional Law (in part)
Comparative Criminal Law
Comparative Criminal Proced'ure
Medico-legal Science
GROU P IV
PUBLIC LAW
Constitutional Law (in part)
Interstate Commerce
Public Utilities
Municipal Corporations (in part)
Administrative Law (in part)
Taxation
Special Assessments
GROUP V
INTERNATIONAL RELATIONS
International Law
Foreign Commerce
Air Law (in part)
Radio Law (in part)
League of Nations
GROUP VI
BUSINESS ORGANIZATION AND COMMERCIAL LAW
Corporation Organization and Finance
Corporation Practice
Partnerships and Unincorporat ed Associations
Trusts (in part)
Contracts
Sales
Negotiable Instruments
Mortgages, Securities, Credit Transactions, etc.
12
�endowments is indicated in the following tabulation, which is
wholly suggestive:
1. The ........................... _Foundation of Law Administration
Northwestern University School of Law..........................$ 650,000
2 Professorships ···-·······-················$400,000
1 Associate Professorship ............ 150,000
1 Assistant Professorship ............ 100,000
II. The ...................... Foundation of Jurisprudence and Legal
History of Northwestern University School of Law......$ 350,000
1 Professorship ..............................$200,000
1 Associate Professorship ............ 150,000
III. The................................ Foundation of Criminal Justice of
Northwestern University School of Law................. _........ $ 450,000
···-···············$200,000
1 Professorship ···········
1 Associate Professorship ............ 150,000
1 Assistant Professorship ............ 100,000
IV. The....................... _Foundation of Public Law of Northwestern University School of Law......................................$ 350,000
1 Professorship ..............................$200,000
1 Associate Professorship ............ 150,000
V. The ............................ Foundation of International Law of
Northwestern University School of Law ..........................$ 300,000
1 Professorship ..............................$200,000
1 Assistant Professorship ............ 100,000
VI. The ........................ Foundation of Business Organization
and Commercial Law of Northwestern University School of
Law ............................................................................................$ 750,000
2 Professorships ............................ $400,000
1 Associate Professorship ............ 150,000
2 Assistant Professorships ............ 200,000
VII. The ................. _Foundation of Property Law of NorthNorthwestern University School of Law .......................... $ 300,000
1 Professorship ..............................$200,000
1 Assistant Professorship ............ 100,000
VIII. The ........................ Foundation of Personal Relations of
Northwestern University of Law ........................................ $ 300,000
1 Professorship ··············-···············$200,000
1 Assistant Professorship ............ 100,000
IX. The .................... Foundation of Trade and Industrial Relations of Northwestern University School of Law........$ 300,000
l Professorship ..............................$200,000
1 A'Ssistant Professorship ............ 100,000
15
�This arrangement does not require that there be only one
professor in a division, or that a professor might not be interested in more than one division. The utmost flexibility will be
found necessary.
The total amount of endowment suggested for this purpose is $3,750,(X)(). The total number of the teaching staff suggested is twenty-four. This would give an average of some
twenty students per teacher on a basis of a four hundred registration, and four courses per student. Obviously, this is a maximum for anything like good teaching.
The amount of endowment indicated is conservative. At
some of the other law schools, endowments for professorships
run from $250,(X)() to $300,(X)(). In our own case, the proceeds
from tuition will have to be relied upon to make such adjustments as may be required from time to time. Needless to say,
there are few other forms of endowments so fruitful as that of
man power. The assurance which the endowment of a faculty
of twenty-four persons for an indefinite duration of time would
give the legal profession and the country at large in this institution and the successful execution of its plans, would do more to
insure the success of the school than any other factor. Probably
such forms of endowment have been the least attractive to benefactors. This can only be understood on the basis that permanent organization of scientific undertakings is a comparatively
recent development and ha:s never been properly evaluated. As
we conceive, there is no way to exaggerate the importance of
this part of the suggested program.
It will be noted that the divisions of subject matter suggested are each important, and are certain to remain so as long
as there is an organized society. These divisions are elastic
enough to accommodate any turn that government or business
may take. It is belie'ved that the name given each heading will
be readily understood by those who may be interested in such
matters.
'
(3)
Supplementary Suggestions
A supplementary program which would probably prove
more attractive from the standpoint of endowments than the
more formal one here suggested, and which would permit a
similar development, but in a somewhat different form, is also
suggested. It is believed that there are citizens of wealth and
vision whose ideas coincide in large part with the foregoing
statements. They would doubtless be interested enough to endow
a professorship in some narrower line which could be fitted into
the general program. The following subjects are suggested
as peculiarly appropriate for such purposes, inasmuch as they
vitally affect large business and social interests which are sub16
�jected to severe governmental controls. The solution of their
relations depends upon scientific treatment:
INSURANCE
GENERAL BANKING
INVESTMENT BANKING
CORPORATE ORGANIZATION AND FINANCE
TRANSPORATION
INTERNATIONAL CREDITS AND MARKETING
INDUSTRIAL RELATIONS
TRUSTS
REAL ESTATE DEVELOPMENT
PUBLIC UTILITIES
ARBITRATION
CONSERVATION OF NATURAL RESOURCES
COOPERATIVE AND SUBSIDIZED AGRICULTURAL MARKETING
FAMILY LAW
An endowed professorship for the study and teaching of
any considerable number of these subjects would contribute
more to their solution than any other method which could be
adopted. It would insure gathering of the best thought as
might be found in the form of literatu11e, and would subject to
impartial analysis over a continuous period the factors which
enter into such enterprises of the modern business world. Furthermore, it would give the enterprises of the country a source
of supply of legally trained men who could be brought into
their service already understanding their problems. Certainly
nothing would so attract, the eyes of the professional world ,
both legal and business, to this law school and university.
D.
Res,earch and Experimental Organizations.
The fostering of research and experimental organizations is
rapidly becoming one of the chief concerns of every leading law
school. Their value has been demonstrated time and time again.
This school is benefiting in the way of prestige and scholar1ship
as much as any other school from efforts along this line. The
three outstanding publications of the profession of this section
have been fostered in this institution, viz. Illinois Law Review,
The Journal of Crimin'al Law and Criminology, and the American Judicature Society Journal. The Illinois Law Relview is
one of the high class legal perfodicals of the country'. The plan
permitting the association of the two other leading law schools
of the State in its publication was a happy one. Th.e Journal
of Criminal Law and Criminology is the only one of its kind
published in the English language. Its standards have given
the school wide acceptance in foreign countries. It has steadily
promoted the interest in criminal law administration in this
country, and is gaining a constantly widening field of influence.
The American Judicature Society Journal is probably the most
17
�widely read legal publication jn this country, and has doubtless
done more for moderniz,i ng the administration of law than any
other similar agency. There can be no estimate placed upon
its value. All of these enterprises encourage scholarship on
the part of faculty members, students and members of the pro£ession at large, to say nothing of the impetus they give to the
readjustment of legal processes by legislatures and courts. They
give an outlet for much talent that would otherwise find no
market. They are essential to the program of the school. They
have already seen their pioneer days. They are well established
in every way except financially. Funds are badly needed, especially for the two last named. A $50,000 endowment for the
Journal of Criminal Law and Criminology, and a $100,000 endowment for the American Judicature Society Journal would
place them in a position of extending their services probably
ten to twenty fold. The additional strength they would gain
from such permanent financial backing would develop very
rapidly.
In addition to these publications, the moment the school
gets under way with any such program as here indicated, the
necessity for a publication fund for small books and temporary
editions of materials will be very great. The returns from such
publications usually meet their cost, but give no profit; thus.
publishers are not interested in them. A revolving fund of
$50,000 should meet this demand. The income from such part
as is not in use would probably offset the small losses incurred
from time to time.
The direction of such organizations as the Air Law Institute, the Scientific Crime Detection Laboratory, and the Institute of Criminal Law and Criminology, must be encouraged.
The financial support for such enterprises will of course come
from foundations or groups of interested citizens. It is enough
that the school furnish housing facilities and supervision for
the development of the progriams of such enterprises. It is
believed that the utilization of such methods for making special
investigations of various sorts has just begun. They are but
another indication of the attempts being made to deal scientifically with .t he problems of government and business.
The Legal Clinic has all the possibilities of the Medical
Clinic. It combines training of young lawyers, both in peacefully adjusting and in litigating claims, which a much needed
service to those who are not able to command first rate legal
talent. It gives to the student a feeling of actuality and dignity which can not be obtained in dealing with simulated pmctice cases. It assists the courts where they find it hardest to
function with promptness and precision. Its success lies in
the competency of its direction and the extent of its activities.
18
I
�It should be operated on a basis which would enable a fair
showing to be made. It would seem to be capable of very great
development. It aan well use $15,000 to $20,000 per year from
the very beginning.
III. THE COMPLETION OF THE PHYSICAL PLANT
A. Building.
( 1) Dormitories.
The plant so far as developed is as well adapted to law school
needs as could be imagined. It is the result of a long period of
study, and comes more nearly providing for all the needs of
faculty and student than any other plant in the country, but it is
still incomplete. First, the lack of dormitories, for say fifty to
sixty per cent of the student group, is a drawback which cian not
well be exaggeraited. Probably two to four hours per s1tudent
per day are lost through the want of quarters adjacent to the
plant. At present the benefits of the library, except during the
day, are lost. The advantages which comes from ,t he close association of students can not be found other than in dormitory
quarters. A dormitory quadrangle immediately east of the
present plant and proposed extension of the Library building
would be of the greatest value •to the school and to the whole institution. The building would probably cost $400,000. The
rentals should be adequate to its maintenance.
This topic will be more fully developed at an early date.
(2)
and (3) The Library Building.
The Library building is only adequate for the present library
collection of books. W 1ith anything like moderate support for
the library collection, the library space would have to be doubled,
say with a period of ten years. It can be extended to the south,
with wings to the east, and with a building similar in design parallel -to the present building, fronting on Chicago A venue. A small
quadrangle would give -both light and ventilation to the complete
library plant. The extension along Chicago Avenue would be
permanently used for additional offices and instructional work.
The organizations now housed in the Levy Mayer Building
would be moved to quarters :adjacent to the Library. Inasmuch
as each of these organizations requires its own special library, it
would be very advantageous to have them quartered so that their
collections ,of books would be available as part of the whole
library system. Other parts of the library building should be so
arranged that they can be used by graduate students, and others
who are engaged upon special investigations. With the increasing -demand on the part of foundations and groups of citizens
upon institutions like this law school, for space and for supervision of projects looking to the general welfare of the commuity
19
�and the nation, it is an easy guess that all the space afforded by
the additional building program suggested would be put to use
as soon as available, and would be constantly kept in use pending
the additions to be made to the library collection.
B.
The Library Collection.
The library collection of books as it is now housed fo the
Elbert H. Gary Library of Law, is indeed a choice one. It is
distinctly an aggregaite of collections, rather than a complete
library. If there were ever any doubt about the value of having
at hand the knowledge of the institutions of other countries, the
demand of the commercial interests of the community, together
with the advances recently made i'J transporation and communication, have removed such doubt forever. All the funds which
can be found will be required to continue the building of these
collections. But to continue the building up of a library along
this line requires the services of experts who knO'W, how to
select. They could also be utilized in the various divisions
already outlined, for instructional purposes. We estimate the
needs of the library, conservatively, at $50,000 a year, of which
amount probably $40,000 would go into books and $10,000
into man power. In this way the library could not only be
developed intelligently, but it could be developed at the least
expense. Thi s would be preferable to spending a large amount
of money in a short time in an attempt to make a complete
collection of everything that might pertain to the subject of
law. It need not be stated in this connection that a library
is the first essential of legal scholarship. A law school simply
can not get along without it. It is the one thing that all people
interested in law schools fully agree upon. There is nothing
about such an institution which increia.ses in value so rapidly,
arid which is more enduring. Before it beoomes too huge, it ought
to be so ordered that it can be available with the least expense.
There is no more urgent need about the School than the
i~mediate taking in hand of the very remarkable c9llection of
books which the School now has. Every day of delay means
a larger expense when the job is undertaken.
IV. SUMMARY
Objectives.
Our objectives can be briefly summarized as follows:
I. To develop a student body in size and quality as will give
to its members the maximum training and development possible
in law school, to the end that the institutions of society which
use lawyers may have good ones.
II. To develop a faculty composed of able lawyers, scholars
and teachers, who are sufficient in number for the instruction demanded by students, and for undertaking the realignment and
20
A.
�publication of legal subject matter from the standpoint of the
needs and problems of the present day for the purpose of affording the basis for the broadest training of young .lawyers and
teachers, and for the use of the profession at large.
III. The completion of the present superb plant by the extensions and additions to .the library building for the collection of
legal literature, the accommodation of graduate students, offices
for additional members of the faculty, and the housing of the
special organizations of research and publication which the
school has already fostered and will foster.
IV. The building of dormitories for say two hundred and
fifty students, to the end that as a group they may have the added
benefit of close association, and the facilities of the library and
plant continuously.
V. To complete, keep up to date, and arrange the splendid
collection of legal literature which the school has as a gift of one
of its generous benefactors and friends.
VI. To give to Chicago and Northwestern University and
their community the advantages to come from the best developed
law school in the country.
VIL To give to government and business (society at large)
whaitever contributions toward the solution of their problems and
the furthering of their interests that the science of law can be
made to give.
B.
Financial Support.
In terms of financial support, stated in terms of endowment,
the objectives are as foUows:
$ 200,000
I. Student Loan Fund
- 3,750,000
II. Endowment of P11ofessorships
150,000
III. Endowment of Publications
50,000
IV. Revolving Publication Fund
Library:
V.
1,000,000
a. Books ( collection and maintenance)
500,000
b. Extension of present building
400,000
c. Maintenance Fund for library building
400,000
VI. Dormitories
TOTAL
$ 6,450,000
The amounts stated are moderate. They are stated in terms
of indefinite duration. Comparatively speaking, no other institution which has anything like so large a part to play in human
aotivities can be so inexpensively capitalized and operated. Our
objectives reach far beyond courthouses and legislatures. They
21
�involve every interest of organized society. In the hands of incompetent administrators government has too often proved the
enemy of the very interests it should support. No one knows
what a well supported law school devoted to a comprehensive
program as here outlined, could contribute toward adjusting the
relations of government and business, for it has never been attempted. But it is our belief that legal science is still in its early
stages, and that is has all the potentialities of science in other
fields, where its methods and contributions are no longer questioned. Our own School and University, situated 'in this vast
region of natural resources, business enterprises, and population,
have no other alternative than to take the lead in attempting to
subject governmental processes to scientific control.
A.
GENERAL SUMMARY
The Field.
(1) A populous, weathly, vigorous and intelligent society.
(2) Business, industry and institutional life on the largest
scale ever known to man, conducted with all the aids
that the ever expanding physical sciences can give.
(3) Governmental organization and legal processes archaic, overloaded, inadequate.
B.
The Problem.
To bring to the organization and processes of government
the same scientific methods which now support and protect
the otherwise general high social order. Such methods must
provide preventives against harms to citizens and their interests, as well as prompt and not too expensive agencies for adjusting the hurts incident to a vigorous society. The former
will require the overhauling of basic policies and the development of a more responsible machinery for political control, the
latter a better organized and more intelligently manned police
system, together with a more highly co-ordinated system of
courts and procedural devices. Both will require more emphasis
upon personnel and less upon the enactments of rules of law.
C. , The Responsibility for Scientific Treatment.
There can be no science without scientists. Scientists are
trained by severe study and discipline. The formal professional
training of governmental scientists under the modern method of
organized education falls to schools of law. The arbitrary divisions ,o f the social science field found in the undergraduate
college under the heads of Government, Economics, History, etc.
come to a focus in the graduate School of Law where the problems of business and social interests are examined from the
standpoint of governmental control and adjustment-the subject
matter of the science of law.
22
�The ultimate stability of all human activities depends upon
the development of an adequate science of law. This development can not be found.in the customs and rules and governmental
processes of the days of Coke and Blackstone, nor even those of
Greenleaf, Story, and Cooley. When business and institutional
life generally undergo such radical changes as have taken place
within the past half century, government and law must follow.
The fact that today the great majority of law schools are still
training men as though such changes had not taken place, is
distressing; so much so that the development of strong schools
of law equipped to handle social problems as the medical school
is doing in the field of health is the next great step in the realm
of science. The gap between the social sciences and the physical
sciences must be closed.
D. The Process for Scientific Training.
The process for scientific training will be found to be based
upon a combination of the following ideas, most of which have
been fully sustained by long experience.
(1) The dominant idea of close association and group
study so highly developed in the English Inns of
Court.
(2) The apprenticeship idea of the office training era with
the close personal contact between a lawyer and his
clerk is brought over to the teacher and his closely
directed and supervised small student group.
(3) The idea also taken from the office training era which
focussed the study and training of the apprentice upon
-actual litigations and business problems of current
validity. It may be noted that this factor probably
accounts for the strong fiber of practicality and the
rational basis for passing judgment which characterized so many American lawyers in the recent past.
( 4) Th e later case-book development with its severe discipline in analysis to be given first-year students,
followed by independent investigation, analysis and
clinical experience during the second and third years
with increasing intensity. In this it is sought to
develop in the later years of the student's training the
precision, the independence of judgment, and the
broader understanding which come to the case book
maker as opposed to the case book student, and which
also in somewhat less degree come to the law clerk
during hi s first few years in the modern law office.
( 5) The recognition that government and business have
in large measure both broken away from the processes
of the court house and that th ey a re more and more
23
�making use of numerous other agencies ranging from
the commission in its multiple forms, the devices set
up by particular business groups as arbitration, to
the constantly increasing volume of the very practical
agencies of the law office itself.
In all of these ideas the collegiate mapping of the fields of
learning into distinct compartments, as history, government,
economics, philosophy, law, etc., is ignored, and the compass of
study is enlarged to include the whole of the processes employed
to control the conduct of men and to adju st their interests in
their multiple relations found in government and business.
E.
Basic
(1)
(2)
( 3)
Factors of Program.
Financial Support
Man-power (Staff)
Organization--Co-ordination of Efforts.
24
���
Dublin Core
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Title
A name given to the resource
<div id="titleText">The Northwestern University Bulletin of the School of Law Collection</div>
<div id="photo"><img src="http://plrccollections.org/files/original/30d1e1ea3619048ce48af8dfa399b354.jpg" alt="Bulletins" /></div>
Description
An account of the resource
For more than a century, the Law School regularly published a bulletin featuring information such as the names of the faculty and students, the curriculum, and the programs and publications offered at that time. Several special issues relate to summer sessions, legal topics, and the legal clinic.
Identifier
An unambiguous reference to the resource within a given context
Bulletins
Date
A point or period of time associated with an event in the lifecycle of the resource
1874-1991?
Format
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Paper
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
<div class="hide">Northwestern University School of Law: The Law School Development Program</div>
Description
An account of the resource
This special issue of the <i>Bulletin</i> (no. II) details the Law School's strategy for development. The title page features the subtitle "(The Law School's Part in the Development of Scientific Control of Government)."
Identifier
An unambiguous reference to the resource within a given context
Bulletins
1929
Law School Development Program
Date
A point or period of time associated with an event in the lifecycle of the resource
1929 October 5
Creator
An entity primarily responsible for making the resource
The Faculty of Northwestern University School of Law; Lowden, Frank O. (foreword)
Scripto
Transcription
A written representation of a document.
NORTHWESTERN UNIVERSITY SCHOOL OF LAW Bulletin No II Law School Development Program Published Distributed Development Committee Trustees Northwestern University MELVIN A TRAYLOR Chairman ARTHUR ANDERSEN Vice Chairman GEORGE A McKINLOCK ALBERT E CROSS FRED W SARGENT ARTHUR W CUTTEN CHARLES W SCHWEPPE MRS ARTHUR M LONG CHARLES H THORNE RAYMOND C WIEBOLDT Ex Officio Members WALTER DILL SCOTT ROBERT W CAMPBELL WM A DYCHE GEORGE A IASO \' Chairman Law School Development Committee FREDERIC P VOSE Vice Chairman FORE WORD FRANK O LOWDEN FOREWORD FRANK LOWDEN SINNISSIPPI FARM OREGON ILLINOIS Dear Dean Green " Law School' Part Development Scientific Control Government" Indeed Dean \ Vigmore Northwestern University Law School New Many Law Economics Politics Just vVith Dean Leon Green Very Signed Frank Lowden Northwestern University School Law East Chicago Avenue Chicago Illinois Law School Development Program Law School' Part Development Scientific Control Government By Faculty Northwestern University School Law Approved President Executive Committee Board Trustees University THE LAW SCHOOL DEVELOPMENT PROGRAM GENERAL FACTORS Government Their · relati Walter Lippman " " N ' There First Those These Nothing On A ' Directly No ' mem He ' Why ? Mr Sterling Yale Mr Cook Michigan Mrs Levy Judge Gary Northwestern Even Mr Sterling' There Why ? There Lawyers outlo They 'Significant 'S Law They ' They 'S Northwestern University Law School ' Many Without ' SCOPE OF THE PROGRAM ' Student Group A Limitation Numbers B Tuition C Scholarships D Selective Methods II Increase Faculty A Small Study Groups B Individual Work Students C Realignment Teaching Materials Curriculum Groupings Materials Endowed Foundations Supplementary Suggestions D Research Experimental Organizations III Completion Physical Plant A Buildings Dormitories Extensions L· Building Space Research Experimental Organizations B Library Collection IV Summary A Objectives B Financial Support THE STUDENT GROUP A Limitation Numbers All Its Again Some Probably ' Of They Every • B Tuition With There Measured $ $ Students Those C Scholarships Such Probably While One $ D Selective Methods To There Nor Various Prior Entrance Previous Personal Intelligence Strict Distribution ' After Entrance Promotion ' "'' Large · There No " " " " School · II INCREASE IN FACULTY Resident Faculty A Small Study Groups Some These Smaller Dividing Thus B Individual Work Students ' Their ' These Here ' C Realignment Teaching Materials Curriculum To Some Harvard Law School Harvard ' ! There To Groupings Materials These Doubtless Probably GROUP LAW ADMINISTRATION A Political Organization Methods Federal State City Governments Relations United States Dependencies Legislative Methods Science Legislation Legislative Procedure Legislative Draftsmanship Statutory Construction Contemporary Legislation Codes Revised Statutes Administrative Law Municipal Corporations Military Law B Court Organization Procedure · Court Organization Bar Orgarnization Jurisdiction Conflict Laws Common Law Statutory Remedies Equitable Remedies Common Law Equity Code Pleading Practice Evidence Judgments Res Judicata Appellate Review Federal Procedure Extraordinary Remedies Comparative Civil Procedure Procedural Theory C Professional Practice Legal Clinic Practice Court Office Management Brief Professional Speech GROUP II JURISPRUDENCE AND LEGAL HISTORY Analytical Jurisprudence Historical Jurisprudence Theoretical Jurisprudence Philosophy Law Legal Method Comparative Law Legal Systems Anglo American Legal History Roman Law Legal Biography Legal Literature Law Library Science GROUP III CRIMINAL JUSTICE Field Crime Criminal Law Administration Criminal Law Criminal Procedure Police Organization Police Methods Criminology Penology Criminal Statistics Constitutional Law Comparative Criminal Law Comparative Criminal Proced' Medico Science GROU P IV PUBLIC LAW Constitutional Law Interstate Commerce Public Utilities Municipal Corporations Administrative Law Taxation Special Assessments GROUP V INTERNATIONAL RELATIONS International Law Foreign Commerce Air Law Radio Law League Nations GROUP VI BUSINESS ORGANIZATION AND COMMERCIAL LAW Corporation Organization Finance Corporation Practice Partnerships Unincorporated Associations Trusts Contracts Sales Negotiable Instruments Mortgages Securities Credit Transactions Foundation Law Administration Northwestern University School Law $ Professorships ··· ······ ················$ Associate Professorship Assistant Professorship II Foundation Jurisprudence Legal History Northwestern University School Law $ Professorship $ Associate Professorship III Foundation Criminal Justice Northwestern University School Law $ Professorship ··········· ···············$ Associate Professorship Assistant Professorship IV Foundation Public Law Northwestern University School Law $ Professorship $ Associate Professorship V Foundation International Law Northwestern University School Law $ Professorship $ Assistant Professorship VI Foundation Business Organization Commercial Law Northwestern University School Law $ Professorships $ Associate Professorship Assistant Professorships VII Foundation Property Law North Northwestern University School Law $ Professorship $ Assistant Professorship VIII Foundation Personal Relations Northwestern University Law $ Professorship ·············· ···············$ Assistant Professorship IX Foundation Trade Industrial Relations Northwestern University School Law $ Professorship $ A'Ssistant Professorship $ X Obviously $ X $ X Needless Probably These ' ' Supplementary Suggestions A They INSURANCE GENERAL BANKING INVESTMENT BANKING CORPORATE ORGANIZATION AND FINANCE TRANSPORATION INTERNATIONAL CREDITS AND MARKETING INDUSTRIAL RELATIONS TRUSTS REAL ESTATE DEVELOPMENT PUBLIC UTILITIES ARBITRATION CONSERVATION OF NATURAL RESOURCES COOPERATIVE AND SUBSIDIZED AGRICULTURAL MARKETING FAMILY LAW An literatu Furthermore Certainly D Res Experimental Organizations Their scholar Illinois Law Review Journal Crimin' Law Criminology American Judicature Society Journal Illinois Law Relview ' State Th Journal Criminal Law Criminology English Its American Judicature Society Journal There All £ They They They They Funds A $ Journal Criminal Law Criminology $ American Judicature Society Journal A $ Air Law Institute Scientific Crime Detection Laboratory Institute Criminal Law Criminology They Legal Clinic Medical Clinic Its $ $ III THE COMPLETION OF THE PHYSICAL PLANT A Building Dormitories First Probably s A Library • $ Library Building Library W Chicago A A Chicago Avenue Levy Building Library Inasmuch With B Library Collection Elbert H Gary Library Law 'J All knO'W They We $ $ $ Thi A There Before There School c School Every IV SUMMARY A Objectives Our To II To III IV V To VI To Chicago Northwestern University VIL To B Financial Support foUows Student Loan Fund Endowment P Endowment Publications Revolving Publication Fund Library Books Extension Maintenance Fund Dormitories TOTAL $ $ They Comparatively Our They No Our School University ' GENERAL SUMMARY A Field A Business Governmental B Problem To Such Both C Responsibility Scientific Treatment There Scientists Government Economics History School Law Coke Blackstone Greenleaf Story Cooley D Process Scientific Training English Inns Court American ' E Basic Factors Program Financial Support Man Staff Organization Co Efforts