Return address:

:J~e garg0'lfelaw SchoolUniversity of WisconsinMadison, Wisconsin 53706

Application for Second ClassPermit pending at Waterloo, Wis. 53594

Moot Court Championship Team I. to r., Howard Eisenberg,Justice Potter Stewart, Joe Thrasher, Eldon Silverman.

The Prixl&

Moot Court Trials

A University of Wisconsin lawstudent team emerged as the bestin the country in the NationalMoot Court Tournament in NewYork, December 15-17, 1969. Theaward for being the national cham-pionship team is based on a com-posite score for the written briefand oral argument. The Wisconsinteam also won the awards for bestoral argument as a team, and El-don Silverman, Prairie Village, Kan-sas, won the prize for the best in-dividual oral argument. The. othermembers of the team were: JoeThrasher, Stone Lake, Wisconsin,and Howard Eisenberg, Madison.

The competition is sponsored an-nually by the prestigious Associa-tion of the Bar of the City of NewYork, with the cooperation of otherbar associations and of law schoolsthroughout the country, to give lawstudents the valuable experience ofbriefing and arguing difficult casesas though they were before theUnited States Supreme Court. Sit-ting as judges on the final argu-ment (the fifth round in the New

York competition) were Justice Pot-ter Stewart of the United States Su-preme Court, presiding; JudgeLeonard P. Moore of the UnitedStates Court of Appeals for the Sec-ond Circuit; Federal Judge EdwardWeinfeld of the Southern Districtof New York; two former pres-idents of the American Bar Associ-ation, Whitney North Seymour andOrison S. Marden; Boris Kos-telanetz, distinguished New Yorkpractitioner; and Professor H. Rich-ard UviIIer, Columbia Univer-sity School of Law.

Teams from 120 law schools en-tered the tournament. The two bestteams in each of 13 Regions com-peted in New York. The Wisconsinteam had won the Regional Cham-pionship in Milwaukee in Novem-ber, in a Region comprising thelaw schools in the states of Wiscon-sin, Minnesota, Iowa, North Dako-ta, South Dakota and Nebraska.

The case argued this year involv-ed numerous procedural and sub-stantive constitutional issues arisingout of a disciplinary hearing whichfollowed a student protest demon-stration at a private university.

In the past eleven years, a Uni-versity of Wisconsin team has sev-eral times reached the regional fi-

nals and participated in the NewYork rounds. In New York it oncereached the quarter-finals, and an-other time the semi-finals.

For some years the faculty advis-ers for the moot court activity havebeen Professors Samuel Merminand Abner Brodie. During ProfessorMermin's absence in 1968-69, Mr.Scott Van Alstyne replaced him asadvisor.

Awards to members of the cham-pionship team consist of numerousbooks donated by law book publish-ers, including some valuable multi-volume sets. Mr. Silverman as bestoralist will in addition receive a sil-ver tray and a complete set ofAmerican Jurisprudence, 1st and2nd series. The law school itself re-ceives one year's possession of a sil-ver cup honoring the three studentsas winners of the championship ona composite brief-and-argument ba-sis (John C. Knox award). In addi-tion the law school receives severalawards from the American Collegeof Trial Lawyers: a year's posses-sion of a silver cup for the bestteam oral presentation in the finalargument (John W. Davis award);permanent possession of a silvertray; and a cash award to help "fur-ther the skills of advocacy."

THE GARGOYLE

From the Dean

TO ALUMNI AND FRIENDS OFTHE LAW SCHOOL:

This issue of the Gargoyle focuseson the public service activity of theWisconsin law faculty. It is fittingthat an early issue of this journaldo so, for Wisconsin is a placewhere the public service commit-ment has been central to the obliga-tions of faculty members.

Traditionally the job of the uni-versity teacher has been seen as acomposite of teaching, research andpublic service. As in most fields,there are fads and fashions in theuniversities and there has been muchvariation in the relative importanceattached to these three components.Once, in most schools, teachingheld the center stage, and both re-search and public service were inci-dentals, not much attended to. SinceWorld War II, research has tendedto become the center, for most dis-ciplines at least. When one hasspoken, in recent years, of the sci-ences and even of the humanities,the scholar in his study or the ex-perimenter in his laboratory, has be-come the god of the campus. A uni-versity tends to be measured by thenumber of its Nobel laureates, orin the fields where aNabel is be-yond reach, by the number of arti-cles in learned journals and thenumber of books listed to the cred-it of the faculty. Wisconsin hasmanaged to hold its own by thatmeasure, as it has always done inteaching, for Wisconsin is a greatUniversity-one of the best in theworld. But very deep in the ethosof this school is the tradition of aclose tie between research, teachingand devotion to the public interest,with a special focus on the State-on the place where the people real-ly live. The State Street axis, withan enlightened state government onone end and a great University onthe other, has set a pattern that aslong as three quarters of a centuryago came to be known as the W is-consin idea.

THE GARGOYLE

In these troublous days when thealienation of many middle class stu-dents from the Establishment, espe·cially in humanistically orientedsubjects, has drawn the attention ofthe public away from what is reallyhappening in the universities, it hasbeen easy to forget the volume ofpublic service that continues to beperformed in the University of Wis-consin. The State Street axis is stillmeaningful and live and applicationto the benefit of the public of knowl-edge acquired and taught in theUniversity is the real raison d' etreof the University. I do not thinkthat sense of humane purpose hasever been lost in this law school:the record of the school demon-strates this beyond question. This is-sue partially documents the recentfaculty concern for the public inter-est by a description of some thingsdone lately. What is listed in thesepages is no catalogue-it is only asampling. Research and teachingare in this University the hand-maidens of the interests of thepeople of this state, and nowhere isthis clearer than in the Law School.

The spirit of Witte and Com-mons, of Gausewitz and Beuscher isstill with us, and a continuous out-put of quality legislation proves it.

Many imp art ant statutes, de-scribed in the pages which follow,all bear the imprint of the work ofthe law faculty of the University ofWisconsin. The welfare system, thehandling of juvenile problems, thetrial of both civil and criminalcases, practices in commitment ofthe mentally ill, in probation andparole, court organization, the de-velopments of techniques for medi-ation, clearer understanding of thenature of the processes of legalchange, are all matters that havebeen illuminated and bettered bywhat this Law Faculty has done.

The Wisconsin idea has attractedboth students and faculty to thiscampus. It will continue to do so. Itis an idea of live and real signifi-cance-a part of the on-going pro-gram of the school. As' the futureunfolds, this school can be expectedto be in the middle of the struggleto control the environment so thatman can live in the world he hasthus far despoiled. This school will

be among the leaders in coming toterms with the problems of a perva-sive urban environment.

It is a school of which its alumnishould be proud; its accomplish-ments are many, and its promise iseven greater.

Spencer L. KimballDean

TABLE OF CONTENTSMoot Court Trials 2

Greetings from the Dean 3

THE LAW SCHOOL ANDTHE WISCONSIN IDEA

The Wisconsin Idea 4The Faculty 4

Faculty Members Serve asDraftsmen of Revisions,Codifications & UniforrnLaws 5

Faculty Members Serve as 'Consultants and Advisors 7

Faculty Fact Finders 9

Jacob H. Beuscher-SocialEng ineer l 0

Professional Improvement-The Faculty's Contribution __11

Faculty Members Serve asArbitrators and Negotiators 12

Faculty Members Labor inthe Cause of InternationalUnderstanding 13

Concl us ion 13

Law School Fund-FirstAnnual Report 14

Detling Scholars Names 15

Foley and Lardner ScholarshipsEstab Iished 15

Lawyers & Doctors 15

THE GARGOYLEBulletin of the University of WisconsinLaw School, published quarterly.VOL. 1, NO.3 SPRING, 1970

Ruth B. Doyle, editorPublication office, 213 W. Madison St.,Waterloo, Wis. Second class permit pend-ing at Waterloo, Wisconsin.POSTMASTER'S NOTE: Please send form3579 to "Gargoyle", University of Wis-consin Law School, Madison, Wisconsin.Subscription Price 50¢ per year for memobers, $1.00 per year for non-members.

Moot Court Championship Team I. to r., Howard Eisenberg,Justice Potter Stewart, Joe Thrasher, Eldon Silverman.

The Prixl&

Moot Court Trials

A University of Wisconsin lawstudent team emerged as the bestin the country in the NationalMoot Court Tournament in NewYork, December 15-17, 1969. Theaward for being the national cham-pionship team is based on a com-posite score for the written briefand oral argument. The Wisconsinteam also won the awards for bestoral argument as a team, and El-don Silverman, Prairie Village, Kan-sas, won the prize for the best in-dividual oral argument. The. othermembers of the team were: JoeThrasher, Stone Lake, Wisconsin,and Howard Eisenberg, Madison.

The competition is sponsored an-nually by the prestigious Associa-tion of the Bar of the City of NewYork, with the cooperation of otherbar associations and of law schoolsthroughout the country, to give lawstudents the valuable experience ofbriefing and arguing difficult casesas though they were before theUnited States Supreme Court. Sit-ting as judges on the final argu-ment (the fifth round in the New

York competition) were Justice Pot-ter Stewart of the United States Su-preme Court, presiding; JudgeLeonard P. Moore of the UnitedStates Court of Appeals for the Sec-ond Circuit; Federal Judge EdwardWeinfeld of the Southern Districtof New York; two former pres-idents of the American Bar Associ-ation, Whitney North Seymour andOrison S. Marden; Boris Kos-telanetz, distinguished New Yorkpractitioner; and Professor H. Rich-ard UviIIer, Columbia Univer-sity School of Law.

Teams from 120 law schools en-tered the tournament. The two bestteams in each of 13 Regions com-peted in New York. The Wisconsinteam had won the Regional Cham-pionship in Milwaukee in Novem-ber, in a Region comprising thelaw schools in the states of Wiscon-sin, Minnesota, Iowa, North Dako-ta, South Dakota and Nebraska.

The case argued this year involv-ed numerous procedural and sub-stantive constitutional issues arisingout of a disciplinary hearing whichfollowed a student protest demon-stration at a private university.

In the past eleven years, a Uni-versity of Wisconsin team has sev-eral times reached the regional fi-

nals and participated in the NewYork rounds. In New York it oncereached the quarter-finals, and an-other time the semi-finals.

For some years the faculty advis-ers for the moot court activity havebeen Professors Samuel Merminand Abner Brodie. During ProfessorMermin's absence in 1968-69, Mr.Scott Van Alstyne replaced him asadvisor.

Awards to members of the cham-pionship team consist of numerousbooks donated by law book publish-ers, including some valuable multi-volume sets. Mr. Silverman as bestoralist will in addition receive a sil-ver tray and a complete set ofAmerican Jurisprudence, 1st and2nd series. The law school itself re-ceives one year's possession of a sil-ver cup honoring the three studentsas winners of the championship ona composite brief-and-argument ba-sis (John C. Knox award). In addi-tion the law school receives severalawards from the American Collegeof Trial Lawyers: a year's posses-sion of a silver cup for the bestteam oral presentation in the finalargument (John W. Davis award);permanent possession of a silvertray; and a cash award to help "fur-ther the skills of advocacy."

THE GARGOYLE

From the Dean

TO ALUMNI AND FRIENDS OFTHE LAW SCHOOL:

This issue of the Gargoyle focuseson the public service activity of theWisconsin law faculty. It is fittingthat an early issue of this journaldo so, for Wisconsin is a placewhere the public service commit-ment has been central to the obliga-tions of faculty members.

Traditionally the job of the uni-versity teacher has been seen as acomposite of teaching, research andpublic service. As in most fields,there are fads and fashions in theuniversities and there has been muchvariation in the relative importanceattached to these three components.Once, in most schools, teachingheld the center stage, and both re-search and public service were inci-dentals, not much attended to. SinceWorld War II, research has tendedto become the center, for most dis-ciplines at least. When one hasspoken, in recent years, of the sci-ences and even of the humanities,the scholar in his study or the ex-perimenter in his laboratory, has be-come the god of the campus. A uni-versity tends to be measured by thenumber of its Nobel laureates, orin the fields where aNabel is be-yond reach, by the number of arti-cles in learned journals and thenumber of books listed to the cred-it of the faculty. Wisconsin hasmanaged to hold its own by thatmeasure, as it has always done inteaching, for Wisconsin is a greatUniversity-one of the best in theworld. But very deep in the ethosof this school is the tradition of aclose tie between research, teachingand devotion to the public interest,with a special focus on the State-on the place where the people real-ly live. The State Street axis, withan enlightened state government onone end and a great University onthe other, has set a pattern that aslong as three quarters of a centuryago came to be known as the W is-consin idea.

THE GARGOYLE

In these troublous days when thealienation of many middle class stu-dents from the Establishment, espe·cially in humanistically orientedsubjects, has drawn the attention ofthe public away from what is reallyhappening in the universities, it hasbeen easy to forget the volume ofpublic service that continues to beperformed in the University of Wis-consin. The State Street axis is stillmeaningful and live and applicationto the benefit of the public of knowl-edge acquired and taught in theUniversity is the real raison d' etreof the University. I do not thinkthat sense of humane purpose hasever been lost in this law school:the record of the school demon-strates this beyond question. This is-sue partially documents the recentfaculty concern for the public inter-est by a description of some thingsdone lately. What is listed in thesepages is no catalogue-it is only asampling. Research and teachingare in this University the hand-maidens of the interests of thepeople of this state, and nowhere isthis clearer than in the Law School.

The spirit of Witte and Com-mons, of Gausewitz and Beuscher isstill with us, and a continuous out-put of quality legislation proves it.

Many imp art ant statutes, de-scribed in the pages which follow,all bear the imprint of the work ofthe law faculty of the University ofWisconsin. The welfare system, thehandling of juvenile problems, thetrial of both civil and criminalcases, practices in commitment ofthe mentally ill, in probation andparole, court organization, the de-velopments of techniques for medi-ation, clearer understanding of thenature of the processes of legalchange, are all matters that havebeen illuminated and bettered bywhat this Law Faculty has done.

The Wisconsin idea has attractedboth students and faculty to thiscampus. It will continue to do so. Itis an idea of live and real signifi-cance-a part of the on-going pro-gram of the school. As' the futureunfolds, this school can be expectedto be in the middle of the struggleto control the environment so thatman can live in the world he hasthus far despoiled. This school will

be among the leaders in coming toterms with the problems of a perva-sive urban environment.

It is a school of which its alumnishould be proud; its accomplish-ments are many, and its promise iseven greater.

Spencer L. KimballDean

TABLE OF CONTENTSMoot Court Trials 2

Greetings from the Dean 3

THE LAW SCHOOL ANDTHE WISCONSIN IDEA

The Wisconsin Idea 4The Faculty 4

Faculty Members Serve asDraftsmen of Revisions,Codifications & UniforrnLaws 5

Faculty Members Serve as 'Consultants and Advisors 7

Faculty Fact Finders 9

Jacob H. Beuscher-SocialEng ineer l 0

Professional Improvement-The Faculty's Contribution __11

Faculty Members Serve asArbitrators and Negotiators 12

Faculty Members Labor inthe Cause of InternationalUnderstanding 13

Concl us ion 13

Law School Fund-FirstAnnual Report 14

Detling Scholars Names 15

Foley and Lardner ScholarshipsEstab Iished 15

Lawyers & Doctors 15

THE GARGOYLEBulletin of the University of WisconsinLaw School, published quarterly.VOL. 1, NO.3 SPRING, 1970

Ruth B. Doyle, editorPublication office, 213 W. Madison St.,Waterloo, Wis. Second class permit pend-ing at Waterloo, Wisconsin.POSTMASTER'S NOTE: Please send form3579 to "Gargoyle", University of Wis-consin Law School, Madison, Wisconsin.Subscription Price 50¢ per year for memobers, $1.00 per year for non-members.

THE LAW SCHOOL AND THE WISCONSIN IDEAFACUl TV SERVICE IN THE PUBLIC INTEREST

The Old Law School

The Wisconsin Idea

Most college traditions, such asthe Homecoming Parade, the Ju-nior Prom, or the Freshman-Soph-omore bag race, serve only as hol-low reminders of the WAYTHINGS USED TO BE. In timeof change and turmoil, they aredoggedly repeated for a time forbenefit of visiting alumni, and thendropped altogether when interest inthe past weakens.

Not so with the Wisconsin Idea.First expounded in 1887 by Pres-ident Bascom, the Wisconsin Idea isa more flourishing aspect of theUniversity today than it was over80 years ago. It has changed anddeveloped through the years, as thestate, the university and the worldhave changed and developed.

Expressed initially in the state-ment that the boundaries of theUniversity are the boundaries ofWisconsin, the Wisconsin Idea im-plies the obligation of the Universi-ty to promote the well-being of allthe people of the state.

Others think usually of the Col-lege of Agriculture, the ExtensionDivision, or the Economics Depart-ment under John R. Commons asexemplifying the Wisconsin Idea.To the law alumnus it is the roleof the Law School Faculty that isespecially important.

The long history of the Wiscon-sin Idea in action has been fraughtwith controversy-including concernwith the University's supposed polit-ical influence, particularly in thereform movements of the Progres-sive Era. Nor is that fear entirelyabsent today.

"Our University in the early andformative years of Dr. Van Hise'spresidency," wrote President Birgein 1924, "was in a unique and veryfortunate position. Governor LaFol-lette and President Van Hise werenot only close personal friends butwere in complete harmony regard-ing the fundamentals of publicpolicy and especially regarding therelation of the University and

IV

the State. Thus Governor La.Fol-lette not only put the 'Wiscon-sin Idea' into operation by meansof administrative organizations likethe Railway Commission, but he al-so enlarged its scope by bringingthe University and its faculty intoactive cooperation with public life."

In his report to the Regents in1911, President Van Hise himselfacknowledged that locally the Uni-versity staff was criticized for itsnon-teaching activities such as re-search, extension and public ser-vice, but he quoted from an articleby Theodore Roosevelt whichstated that "in no other state in theunion has any university done thesame work for the community thathas been done for Wisconsin by theUniversity of Wisconsin."

The criticism continues of course.The fundamental response is that ateacher who fails to improve histeaching by learning more throughpublic service or through idea gen-erating research will become ateacher of sterile, redundant or ir-

relevant ideas. The spirit of im-provement through service and re-search is continued in the solid ac-complishments of the WisconsinIdea in action. The Law Schoolshares in that development.

The FacultyAlthough the original charter of

the University of Wisconsin (1848)provided for the establishment of alaw department, it was 20 years be-fore it was actually created. Twofull-time faculty members (JairusCarpenter, who was named Dean,and William F. Vilas) were appoint-ed, along with a group of lecturers,which included all the justices ofthe Supreme Court, among others.

From its inception, the Law de-partment has been closely associatedwith public life in Wisconsin. Formany years, almost all the Facultywas composed of practicing lawyersand judges, deeply involved in pub-lic and professional pursuits, whohelped by their part-time lectures

THE GARGOYLE

THE LAW SCHOOL AND THE WISCONSIN IDEAFACUl TV SERVICE IN THE PUBLIC INTEREST

The Old Law School

The Wisconsin Idea

Most college traditions, such asthe Homecoming Parade, the Ju-nior Prom, or the Freshman-Soph-omore bag race, serve only as hol-low reminders of the WAYTHINGS USED TO BE. In timeof change and turmoil, they aredoggedly repeated for a time forbenefit of visiting alumni, and thendropped altogether when interest inthe past weakens.

Not so with the Wisconsin Idea.First expounded in 1887 by Pres-ident Bascom, the Wisconsin Idea isa more flourishing aspect of theUniversity today than it was over80 years ago. It has changed anddeveloped through the years, as thestate, the university and the worldhave changed and developed.

Expressed initially in the state-ment that the boundaries of theUniversity are the boundaries ofWisconsin, the Wisconsin Idea im-plies the obligation of the Universi-ty to promote the well-being of allthe people of the state.

Others think usually of the Col-lege of Agriculture, the ExtensionDivision, or the Economics Depart-ment under John R. Commons asexemplifying the Wisconsin Idea.To the law alumnus it is the roleof the Law School Faculty that isespecially important.

The long history of the Wiscon-sin Idea in action has been fraughtwith controversy-including concernwith the University's supposed polit-ical influence, particularly in thereform movements of the Progres-sive Era. Nor is that fear entirelyabsent today.

"Our University in the early andformative years of Dr. Van Hise'spresidency," wrote President Birgein 1924, "was in a unique and veryfortunate position. Governor LaFol-lette and President Van Hise werenot only close personal friends butwere in complete harmony regard-ing the fundamentals of publicpolicy and especially regarding therelation of the University and

IV

the State. Thus Governor La.Fol-lette not only put the 'Wiscon-sin Idea' into operation by meansof administrative organizations likethe Railway Commission, but he al-so enlarged its scope by bringingthe University and its faculty intoactive cooperation with public life."

In his report to the Regents in1911, President Van Hise himselfacknowledged that locally the Uni-versity staff was criticized for itsnon-teaching activities such as re-search, extension and public ser-vice, but he quoted from an articleby Theodore Roosevelt whichstated that "in no other state in theunion has any university done thesame work for the community thathas been done for Wisconsin by theUniversity of Wisconsin."

The criticism continues of course.The fundamental response is that ateacher who fails to improve histeaching by learning more throughpublic service or through idea gen-erating research will become ateacher of sterile, redundant or ir-

relevant ideas. The spirit of im-provement through service and re-search is continued in the solid ac-complishments of the WisconsinIdea in action. The Law Schoolshares in that development.

The FacultyAlthough the original charter of

the University of Wisconsin (1848)provided for the establishment of alaw department, it was 20 years be-fore it was actually created. Twofull-time faculty members (JairusCarpenter, who was named Dean,and William F. Vilas) were appoint-ed, along with a group of lecturers,which included all the justices ofthe Supreme Court, among others.

From its inception, the Law de-partment has been closely associatedwith public life in Wisconsin. Formany years, almost all the Facultywas composed of practicing lawyersand judges, deeply involved in pub-lic and professional pursuits, whohelped by their part-time lectures

THE GARGOYLE

Faculty members serve as drafts-men of revisions, codificationsand uniform laws

In 1944, Professor Charles Bunnbegan service to the American LawInstitute as reporter for various ar-ticles of the Uniform CommercialCode, and in 1950, he was co-author of the completed legislativedraft, which was presented to allstate legislatures. All states, exceptLouisiana, have now adopted theCode,

The Uniform Commercial Codewas finally adopted in Wisconsin in1963 and became effective in 1965.In adopting the Code, the Wiscon-sin Legislature added many amend-ments. It has been Professor Or-rin Helstad's responsibility as amember of the Legislative Council'sCommercial Code Advisory Com-mittee to bring the Wisconsin Codeinto line with the Uniform Com-mercial Code, by urging the recon-sideration and eventually the re-moval of amendments previously

Typically, the Law School Facul-ty members have served as reportersand staff members working withcommittees of the American LawInstitute, the American Bar Associ-ation and the Wisconsin State Barthe Ju?icial Council, the Legislativ:Council and other organizations.

This kind of service dates veryfar back. At least as early as 1909,Professors William E. Moore andOliver S. Rundell served as secre-tary and assistant secretary of theAmerican Institute of Criminal Lawand Criminology. After a state con-ference on criminal law, the Re-gents provided a fund for the in-;estigation of criminal procedure,III order to determine whether ornot there were undue delays in thedisposition of criminal cases. Thisinvestigation, along with a compan-ion investigation of the time lagsin civil cases, brought cooperationbetween the Law School, the Benchand the Bar to produce criminallaw reform in 1911.

*

*

*

*

*

*

Professor Orrin Helstad

adopted. Professor Helstad, in con-nection with the revision, prepared-the Commercial Code Handbookand is currently revising it.

I t has been smce the end of thesecond World War that legislativerevisions and codifications have?een . unde.rtaken most extensivelyIII Wisconsin. The establishment inthe post-war period of the Wiscon-si~. Legislativ~ Council and the J u-dicial Council have provided thevehicles through which painstakingreVISIOn and codification can pro-ceed; they have given the impetusfor other agencies as well.

One of the earliest codificationsin Wisconsin was the CorporationCode sponsored in the Legislatureby the State Bar of Wisconsinwhich was adopted in 1963. Profes~sor George Young was the drafts-man of the sections on non-profitcorporations, and an active partici-pant,. for a three-year period, in thedraftmg of the entire code.

The deep involvement of mem-bers of the Faculty has doubtlessbeen enhanced by the presence onthe Faculty of Professor John Con-way, who chose a career in teach-ing and research after several yearsof service as Wisconsin's Revisor ofStatutes, and who continues, aftermany years, as a member of theJudicial Council, as well as IIImany other public service roles.

*

*

*

*

*

*

area of public service.to train the young aspirants for theprofessional life.

Gradually, and not without con-troversy, the shift was made from apart-time to a full-time Facultv.President Adams noted in the early1890's that success depended "farmore upon energetic and systematicinstruction on the part of youngand vigorous professors than uponthe learning of eminent judges anddistinguished members of the barcalled in to give the fruits of theirsuccess under circumstances thatmake their instruction of secondaryimportance."

A reorganization of the LawSchool in 1900 led to the establish-ment of a number of full-timeteaching positions despite the vigor-ous protests of some of the influen-tial part-time faculty members.

Between 1903 and 1920, theteaching staff was composed ofboth full-time and part-time mem-bers, and the turn-over was rapid.'Wisconsin became known as atraining ground for great law teach-ers elsewhere.

The change-over from a part-timeto a full-time Faculty did not al-ter the Law School's historic mis-sion to engage in public service. Itwas a shift from full-time practi-tioners and public servants whotaught in addition to their main oc-cupations, to a full-time teachingstaff who found increasing amountsof "spare" time to devote to publicand professional services.

Lawyers by temperament andtraining are drafters of Iezislation

• • b "

advice-givers, fact-finders, negoti-ators, and advocates. They are of-ten community leaders and agentsfor c?nstructive social change. Theyare mterested in improving theirprofession by continuing educationand by procedural changes.

The Law Faculty, from time totime, uses all these skills in thepublic interest. They have servedpart-time while teaching, or some-times full-time while on temporaryleave. Services have been both paidand unpaid. To list all of the ser-vices would be impossible. Thefollowing are only examples. Fromtime to time, future issues of theGargoyle will return to these sub-jects to keep Alumni up to date onwhat the Faculty is doing in the

THE GARGOYLE v

Faculty members serve as drafts-men of revisions, codificationsand uniform laws

In 1944, Professor Charles Bunnbegan service to the American LawInstitute as reporter for various ar-ticles of the Uniform CommercialCode, and in 1950, he was co-author of the completed legislativedraft, which was presented to allstate legislatures. All states, exceptLouisiana, have now adopted theCode,

The Uniform Commercial Codewas finally adopted in Wisconsin in1963 and became effective in 1965.In adopting the Code, the Wiscon-sin Legislature added many amend-ments. It has been Professor Or-rin Helstad's responsibility as amember of the Legislative Council'sCommercial Code Advisory Com-mittee to bring the Wisconsin Codeinto line with the Uniform Com-mercial Code, by urging the recon-sideration and eventually the re-moval of amendments previously

Typically, the Law School Facul-ty members have served as reportersand staff members working withcommittees of the American LawInstitute, the American Bar Associ-ation and the Wisconsin State Barthe Ju?icial Council, the Legislativ:Council and other organizations.

This kind of service dates veryfar back. At least as early as 1909,Professors William E. Moore andOliver S. Rundell served as secre-tary and assistant secretary of theAmerican Institute of Criminal Lawand Criminology. After a state con-ference on criminal law, the Re-gents provided a fund for the in-;estigation of criminal procedure,III order to determine whether ornot there were undue delays in thedisposition of criminal cases. Thisinvestigation, along with a compan-ion investigation of the time lagsin civil cases, brought cooperationbetween the Law School, the Benchand the Bar to produce criminallaw reform in 1911.

*

*

*

*

*

*

Professor Orrin Helstad

adopted. Professor Helstad, in con-nection with the revision, prepared-the Commercial Code Handbookand is currently revising it.

I t has been smce the end of thesecond World War that legislativerevisions and codifications have?een . unde.rtaken most extensivelyIII Wisconsin. The establishment inthe post-war period of the Wiscon-si~. Legislativ~ Council and the J u-dicial Council have provided thevehicles through which painstakingreVISIOn and codification can pro-ceed; they have given the impetusfor other agencies as well.

One of the earliest codificationsin Wisconsin was the CorporationCode sponsored in the Legislatureby the State Bar of Wisconsinwhich was adopted in 1963. Profes~sor George Young was the drafts-man of the sections on non-profitcorporations, and an active partici-pant,. for a three-year period, in thedraftmg of the entire code.

The deep involvement of mem-bers of the Faculty has doubtlessbeen enhanced by the presence onthe Faculty of Professor John Con-way, who chose a career in teach-ing and research after several yearsof service as Wisconsin's Revisor ofStatutes, and who continues, aftermany years, as a member of theJudicial Council, as well as IIImany other public service roles.

*

*

*

*

*

*

area of public service.to train the young aspirants for theprofessional life.

Gradually, and not without con-troversy, the shift was made from apart-time to a full-time Facultv.President Adams noted in the early1890's that success depended "farmore upon energetic and systematicinstruction on the part of youngand vigorous professors than uponthe learning of eminent judges anddistinguished members of the barcalled in to give the fruits of theirsuccess under circumstances thatmake their instruction of secondaryimportance."

A reorganization of the LawSchool in 1900 led to the establish-ment of a number of full-timeteaching positions despite the vigor-ous protests of some of the influen-tial part-time faculty members.

Between 1903 and 1920, theteaching staff was composed ofboth full-time and part-time mem-bers, and the turn-over was rapid.'Wisconsin became known as atraining ground for great law teach-ers elsewhere.

The change-over from a part-timeto a full-time Faculty did not al-ter the Law School's historic mis-sion to engage in public service. Itwas a shift from full-time practi-tioners and public servants whotaught in addition to their main oc-cupations, to a full-time teachingstaff who found increasing amountsof "spare" time to devote to publicand professional services.

Lawyers by temperament andtraining are drafters of Iezislation

• • b "

advice-givers, fact-finders, negoti-ators, and advocates. They are of-ten community leaders and agentsfor c?nstructive social change. Theyare mterested in improving theirprofession by continuing educationand by procedural changes.

The Law Faculty, from time totime, uses all these skills in thepublic interest. They have servedpart-time while teaching, or some-times full-time while on temporaryleave. Services have been both paidand unpaid. To list all of the ser-vices would be impossible. Thefollowing are only examples. Fromtime to time, future issues of theGargoyle will return to these sub-jects to keep Alumni up to date onwhat the Faculty is doing in the

THE GARGOYLE v

Another early revision was thatof the substantive Criminal Law,which was approved finally in 1956after six years of drafting, re-draft-ing and legislative consideration. Itwas the result of the work of manypeople, especially Professor FrankRemington of the Law School Fac-ulty. Professors John Conway, Mari-gold Melli and Orrin Helstad alsomade significant contributions, thelatter two even before they joinedthe faculty.

* * * Professor James B. MacDonald

visions and incorporating into itthe decisions of the LegislativeCouncil Advisory Committee. Pro-fessor Katz made detailed presenta-tions of the bill before both theSenate and Assembly Committees.In creating a new Chapter 551, itis believed that investors of thestate have been given greater pro-tection, at the same time that theregulations have been made lessburdensome for the securities indus-try. Greater flexibility is providedto permit adjustment to constantlychanging conditions in the securi-ties market.

Wisconsin's "Long Arm Statute"(Chapter 262, Wis. Stats.) providesa statutory device for gaining juris-

The Probate Code, finally adopt-ed by the Legislature in 1969, be-gan as a project financed by theState Bar of Wisconsin in 1964.Professors James B. MacDonald andRichard Effland served as researchreporters for the two revision com-mittees. Over the five years of itspreparation, Professors MacDonaldand Effland worked part-time whileteaching, and sometimes full-timewhile on brief leaves of absence.The revised code is the first majorrevision of the Probate Law since1849. In one hundred twenty yearsthere had been many amendments,and serious conflicts and gaps inthe law had developed.

When it was first introduced in1967, the code passed the Assembly,and was then referred by the Sen-ate to the Legislative Council forfurther study. During the interim,Professor MacDonald consultedwith the Legislative Council Com-mittee. Reintroduced as a Legisla-tive Council bill (S.5) in 1969, theProbate Code was passed overwhelm-ingly by both houses and signed bythe Governor.

Although it is chiefly a codifica-tion and rationalization of existinglaw, the Probate Code provides formore rapid transfer of small estatesthan the old law did, and facilitatesthe sale of real property in the sameway that personal property hasbeen able to be sold.

On January 1, 1970, the Wiscon-sin Uniform Securities Law becameeffective. Professor George Youngserved as Chairman of the Commit-tee which prepared and approvedthe draft. Widely recognized as itsprincipal draftsman is ProfessorWilber Katz. It was his task to takethe proposed Uniform SecuritiesLaw, which has been adopted byabout half the states, and adapt itby rearranging and revising its pro-

***

In 1965, the Wisconsin Legislatureauthorized and financed a thoroughstudy and revision of the insurancelaws of the state. Under the direc-tion of Spencer L. Kimball, at thebeginning Professor of Law at theUniversity of Michigan and nowDean of the University of Wiscon-sin Law School, Wisconsin hasbeen moving carefully and method-ically toward the first truly moderninsurance code in the United States.The task is far from complete, butit is well advanced. Professor JohnA. C. Hetherington has also beendeeply committed to participationin drafting the corporation law

Professor John Hetherington

***

diction in Wisconsin over non-res-ident individuals. In its revision,Professor G. W. Foster, Jr. servedfive years as reporter for a commit-tee of lawyers and judges appointedby the Judicial Council. Introducedin 1959, the revision had the unan-imous support of the committeeand of the Board of Governors ofthe State Bar of Wisconsin. It passedboth houses of the Legislature unani-mously, and pioneered in the solu-tion of the difficult problem of con-stitutionally getting jurisdiction overabsent defendants, a major problemin a federal system.

The explanatory notes preparedby Professor Foster during the re-vision have been widely used, espe-cially by the Supreme Court of Wis-consin, in applying the statute. Asimilar statute has been adopted inNorth Carolina, and sections of ithave now been made part of thestatutes of other states.

***

VI THE GARGOYLE

Governor Knowles signs the Wisconsin Insurance Holding Companies Act.I. to r., Paul Rogan, former Insurance Commissioner, State Senator MartinSchreiber, Governor Knowles, Dean Kimball and Stanley Du Rose, presentCommissioner.

Faculty members serve as con-sultants and advisors

Members of the Law School Fac-ulty are constantly engaged as ad-visors-to the Bar, the Courts, theAgencies of Government, to theUniversity-on the urgent issues ofthe day. The number of the ad-visory commitments of Facultymembers is so large and the scopeso diverse that only examples canbe provided here. Future issues ofthe Gargoyle will provide more de-tailed information.

Professor Shirley Abrahamson has,for example, served as a member ofthe Mayor of Madison's Citizen Ad-visory Committee since 1967.

among the states. The results arebeing watched with keen interestnot only in other states, butthroughout the world.

At the request of the LegislativeCouncil's Committee on Insuranceand Banking, in 1966, ProfessorWalter B. Raushenbush undertookthe revision of the Wisconsin Stat-utes relating to construction liens.Supported in part by the WisconsinBuilders Association, the revisionsought to remove inconsistencies,gaps, duplications and obsolete pro-visions of the statutes. An advisorycommittee, representing a broadspectrum of interested segments ofthe construction industry, partic-ipated in the study. ProfessorRaushenbush's task was to preparefor discussion at each meeting,memoranda which now provide asignificant legislative history of therevision. After the Advisory Com-mittee had reached consensus on aproposal, it was presented to theLegislature. Enacted in 1967, thenew law is found in Chapter 289,Wisconsin Statutes.

As adopted, the statutes addsmany new provisions, in addition toremoving those that were obsolete.

parts of the code, and other mem-bers of the faculty have given ad-vice on some parts of it.

Chapter 89 of the Laws of 1967was the first product of the revi-sion. It created Chapter 645 of theWisconsin Statutes, a comprehen-sive law relating to the rehabilita-tion and liquidation of insurancecompanies in trouble. The law hasbeen adopted intact in at least oneother state, and has been intro-duced in others. It was adopted re-cently as an informal "Model Act"by the National Association of In-surance Commissioners.

In 1969, three other statutes wereenacted. The most important creat-ed Chapter 601 of the Statutes,which provided a simplified andrationalized framework for regula-tion-the administrative law of in-surance. This statute greatly simpli-fied a complex and forbidding wil-derness of procedural provisions. Inaddition a holding company lawwas enacted, rate regulation was re-formed, compulsory pools for resid-ual markets were created, and apost-assessment plan for dealingwith insolvencies was enacted.

Many other portions of the revi-sion are in process, and in this, asin many other fields, Wisconsin hascontinued to show its leadership

THE GARGOYLE

* * *

Professor Willard Hurst

Professor Willard Hurst is amember of the Advisory Committeeto the American Academy of Artsand Sciences on the governance ofuniversities.

During many years of service inthe welfare field, Professor Mari-gold Melli has served as a memberof countless committees. At present,she is a member of the AdvisoryCommittee to the Legislative Coun-cil Committee on the revision ofthe Youthful Offender Act. She isalso a member of the AdvisoryBoard of the Federal Reformatoryfor Women. As a member of thePolicy Advisory Committee to theDane County Regional PlanningCommission, she is participating inthe plans and projects designed toimprove law enforcement and the

VII

Governor Knowles signs the Wisconsin Insurance Holding Companies Act.I. to r., Paul Rogan, former Insurance Commissioner, State Senator MartinSchreiber, Governor Knowles, Dean Kimball and Stanley Du Rose, presentCommissioner.

Faculty members serve as con-sultants and advisors

Members of the Law School Fac-ulty are constantly engaged as ad-visors-to the Bar, the Courts, theAgencies of Government, to theUniversity-on the urgent issues ofthe day. The number of the ad-visory commitments of Facultymembers is so large and the scopeso diverse that only examples canbe provided here. Future issues ofthe Gargoyle will provide more de-tailed information.

Professor Shirley Abrahamson has,for example, served as a member ofthe Mayor of Madison's Citizen Ad-visory Committee since 1967.

among the states. The results arebeing watched with keen interestnot only in other states, butthroughout the world.

At the request of the LegislativeCouncil's Committee on Insuranceand Banking, in 1966, ProfessorWalter B. Raushenbush undertookthe revision of the Wisconsin Stat-utes relating to construction liens.Supported in part by the WisconsinBuilders Association, the revisionsought to remove inconsistencies,gaps, duplications and obsolete pro-visions of the statutes. An advisorycommittee, representing a broadspectrum of interested segments ofthe construction industry, partic-ipated in the study. ProfessorRaushenbush's task was to preparefor discussion at each meeting,memoranda which now provide asignificant legislative history of therevision. After the Advisory Com-mittee had reached consensus on aproposal, it was presented to theLegislature. Enacted in 1967, thenew law is found in Chapter 289,Wisconsin Statutes.

As adopted, the statutes addsmany new provisions, in addition toremoving those that were obsolete.

parts of the code, and other mem-bers of the faculty have given ad-vice on some parts of it.

Chapter 89 of the Laws of 1967was the first product of the revi-sion. It created Chapter 645 of theWisconsin Statutes, a comprehen-sive law relating to the rehabilita-tion and liquidation of insurancecompanies in trouble. The law hasbeen adopted intact in at least oneother state, and has been intro-duced in others. It was adopted re-cently as an informal "Model Act"by the National Association of In-surance Commissioners.

In 1969, three other statutes wereenacted. The most important creat-ed Chapter 601 of the Statutes,which provided a simplified andrationalized framework for regula-tion-the administrative law of in-surance. This statute greatly simpli-fied a complex and forbidding wil-derness of procedural provisions. Inaddition a holding company lawwas enacted, rate regulation was re-formed, compulsory pools for resid-ual markets were created, and apost-assessment plan for dealingwith insolvencies was enacted.

Many other portions of the revi-sion are in process, and in this, asin many other fields, Wisconsin hascontinued to show its leadership

THE GARGOYLE

* * *

Professor Willard Hurst

Professor Willard Hurst is amember of the Advisory Committeeto the American Academy of Artsand Sciences on the governance ofuniversities.

During many years of service inthe welfare field, Professor Mari-gold Melli has served as a memberof countless committees. At present,she is a member of the AdvisoryCommittee to the Legislative Coun-cil Committee on the revision ofthe Youthful Offender Act. She isalso a member of the AdvisoryBoard of the Federal Reformatoryfor Women. As a member of thePolicy Advisory Committee to theDane County Regional PlanningCommission, she is participating inthe plans and projects designed toimprove law enforcement and the

VII

Professor Marigold Melli

administration of criminal justicein the Dane County region underthe Federal Safe Streets Act.

The country's newly awakenedinterest in the administration ofcriminal justice and correctional ad-ministration has involved severalother faculty members in extensiveadvisory activities-formal advisorycommittees as well as informal andcontinuous consultation. ProfessorEdward L. Kimball is, for example,currently serving as advisor to theU.S. Bureau of Prisons and theUniversity of Wisconsin Extensionon a course in jail administration.

Professor Herman Goldstein

Professor Melli's service on the Ad-visory Committee to the FederalWomen's Reformatory has alreadybeen mentioned.

Professor Goldstein, who came tothe Faculty from his position asExecutive Assistant to the Superin-tendent of Police of the city ofChicago and several years of inten-sive study of the problems of crim-inal justice administration, is con-stantly on call for consultation onpolice problems. For example, hisreport to the University Regents onuniversity police problems in thesummer of 1968 resulted in hislong and detailed testimony beforethe Special Legislative Committeeinvestigating campus disruptions.

Both Professor Goldstein and

VIII

Professor Frank Remington havebeen deeply involved in the Amer-ican Bar Association's Project onMinimum Standards for CriminalJustice. Professor Goldstein is thereporter for its Advisory Committeeon the Police Function, of whichProfessor Remington is the Chair-man.

A complete list of Professor Rem-ington's current and past services isimpossible. It is probably safe tosay that no major effort in thefields of correctional administrationor criminal justice administrationanywhere in the United States hasproceeded without his consultationor continuing advice. Among hiscurrent activities are: (1) Memberof the Wisconsin Legislative Coun-cil's Advisory Committee on the Re-port of the National Commissionon Civil Disorders (Kerner Commis-sion) ; (2) Reporter on the AdvisoryCommittee on the Federal Rules ofCriminal Procedure; (3) Memberof the Wisconsin Parole Board;(4) Member, Jury Instructions Com-mittee of the Board of CriminalCourt Judges; (5) Member, Crimi-nal Procedure Revision Committeeof the Wisconsin Judicial Council.The procedural revision will be-come effective July 1, 1970;(6) Member, Advisory Council, Na-tional Defender Project of the Na-tional Legal Aid and DefenderAssociation.

Professor John Stedman, in addi-tion to service on many advisorycommittees of the American BarAssociation's Section on Patents,Trademarks and Copyrights, andon the Committees of the ABA'sSection on Anti-trust dealing withPatents and Copyrights, is at pres-ent a member of the National In-ventors' Council, a group advisoryto the Department of Commerceon the revision of the Patent Laws.

Dean Spencer Kimball has beenboth an informal and a formal ad-visor to various insurance commis-sioners throughout the country. Heserved as a member of the SpecialCommittee on Insurance HoldingCompanies, the report of which tothe New York Superintendent ofInsurance in 1968 was a milestonein the development of state laws todeal with insurance holding compa-

Professor John Stedman

meso He is also Chairman of theEconomic Regulation AdvisoryCommittee for the Automobile In-surance and Compensation Studyof the United States Department ofTransportation.

Another kind of advisory service,but equally important, is the Hand-book on Real Estate Law preparedfor the Wisconsin Real Estate Com-mISSIon in 1965 by ProfessorsBeuscher, Effland, }"1acDonald andRaushenbush. It is currently beingrevised. Designed as a study guidefor those who wish to become realestate brokers, it provides informa-tion about the law of real estate.It covers the statutes, administrativerules and court decisions-all threeimportant sources of real estatelaw.

Professor August Eckhardt

A further example, which illus-trates the diversity of the law facul-ty member's role as advisor, is Pro-fessor August Eckhardt's appoint-ment to the Wisconsin Secretary ofRevenue's Tax Advisory Commit-tee. The purpose of the Committeeis to propose revisions to the inher-itance and gift tax laws, if it is de-cided that revisions are needed.

THE GARGOYLE

Faculty Fact Finders

An increasing amount of somelawyers' time and professional tal-ents are being used in fact-finding.It is true, also, of the Faculty atthe Law School.

Professor Arlen Christenson, re-

Professor Arlen Christenson

turned to the Faculty after serviceas Deputy Attorney General of Wis-consin, is retained from time totime as a fact-finder in labor dis-putes for the Wisconsin Employ-ment Relations Commission. Mostlawyers are aware that ProfessorGeorge Young conducted hearingson the Eisenberg disbarment pro-ceedings on behalf of the SupremeCourt of Wisconsin, during thesummer of 1969. This case is stillpending.

Most notable of recent fact-findingactivities of the Faculty was Profes-sor George Currie's role as Chair-man of the Madison Mayor's Com-mission on the Mifflin Street dis-orders in the summer of 1969. TheCommission of three members (in-cluding Mr. E. L. Wingert and Mr.Ken Hur) was appointed by theMayor for the specific purposes ofascertaining the facts of the threeconfusing days during which thedisorders took place and of suggest-ing ways to prevent their recur-rence. The Commission's report isa remarkable public service, in itsdispassionate account of the activ-ities of the residents and of the po-lice. Information was gathered inmany hours of public hearings, dur-ing which 47 witnesses testified, aswell as through several hundred in-terviews. Testimony on the miscon-

THE GARGOYLE

The rioters

Committee of 30

M.ayor's Commission on the Miffl.in Street DisordersI. to 1'., Capt. Herman Thomas, Madison Police Dept., Mr.

E. I.. Wingert, Professor George Currie, Mr. Ken Hur,Photos courtesy Capital Times

IX

Professor Jacob Beuscher and some foreign visitors

duct of both residents and policewas included. The work of theCommittee of 30, a group of cit-izens who patrolled the area afteragreement that the police would bekept out, was reported in detail.The Committee of 30, which in-cluded several Law School Facultymembers and students, assisted theCommission by making tape record-ings of the testimony of witnesseswho could not be present at thepublic hearings. Hospital recordswere examined to determine thenumber and nature of the injuriestreated. Costs were analyzed.

The Commission determined thatan underlying sense of antagonismbetween the police and the res-idents of the Mifflin Street areawas the most significant cause ofthe riots. Denial of the requestedpermit for the block party and thepresence of police in riot gear inadvance of any violence are listedas precipitating factors.

The Commission urged, in its re-port, that distinctions be made be-tween ordinary law enforcementand the problems created by theactivities and protests of alienatedminority groups. Consultation withcivilian authorities should be re-quired when the police have ad-vance warning of group activitieswhich may breach the peace. Fur-ther suggestions dealt with im-proved police training and increasedefforts to avoid violent confrontationby negotiations conducted by a panelof experts appointed by the Mayor.Consideration should be given, theCommittee urged, to the establish-ment of a special city office wherecomplaints may be heard.

Jacob H. Beuscher-socialengineerNo member of the Faculty more

completely epitomized the meaningof the Wisconsin Idea than the lateJacob H. Beuscher, deceased 1967.Throughout more than thirty yearson the Faculty, his public serviceextended to the boundaries of Wis-consin, to the far reaches of thecountry and, in his later years, tothe ends of the earth. While he wasworking and writing abroad, andbringing lawyers from foreign coun-tries here to study the legal aspects

x

of planned land use and land re-form, he was equally engaged athome, as the chief architect of 'Vis-consin's 'Vater Pollution law in1966.

His life was devoted to using hisown legal training and talent-s-andto encouraging other lawyers-tobring about desirable social andeconomic change. Long before theproblem was publicly acknowl-edged, Professor Beuscher was per-suading public officials, private in-dustry, and his fellow attorneys ofthe need for environmental con-trols.

"Law in Action" research wasProfessor Beuscher's great mission.In a memorandum to the Ameri-can Farm Economics Association in1960, he wrote, "Both economicsand law departments are in thebusiness of training technicians, butwoe be unto our clouded future ifthis is their only business. As econ-omists and as legal scholars, wemust not devote all our energies torefining and polishing and sharpen-ing our respective analytical tools,techniques, measuring devices andtechnical vocabularies. As membersof university faculties, we have theobligation of enlarging man's con-sciousness not only of what he isbut also of what he might be.

"Too often," he wrote in the samememorandum, "we think of theroles of law in our society in staticrather than dynamic terms. Law asit is made by our courts, legisla-tures, and administrative agencies isnot an end in itself; it is a meansto policy goals, particularly in the

allocation of resources. It is amyth, often repeated but neverthe-less quite wrong, that law's onlyrole is that of constraint, of puttingon the brakes. Instead, many legalrules and devices are efficient, flex-ibly adjustable conduits for changeand development. American law ofcontracts and, yes, of property, too,(and certainly of business associ-ations) since the industrial revolu-tion have not had their major rolesin the protection and maintenanceof the status quo, but in the con-stant reallocation of economic deci-sion-making powers."

So Mr. Beuscher devoted himself,not only to the stimulation of newlegislation, but to the use of theexisting laws of property to pro-mote highway beautification, plan-ned land use, and pollution con-trols. He dealt often with the roleof the courts.

"Long before we set up adminis-trative agencies to wrestle withwater and air pollution or solidwaste pollution, the courts were at-tempting through a system of pub-lic and private rights, to protectpeople from at least the worst ef-fects of other people's residues.

Of the role of the lawyer, hesaid, "Only those cases which arebrought to court get decided. . ."Lawyers, in these fields, he describ-ed as "social engineers." As a lead-ing "social engineer," he conductedthe monumental study of waterrights in Minnesota, Wisconsin,Ohio and Indiana (1958-62) ; he wasthe architect, through the Wiseon-

Continued on Page 15

THE GARGOYLE

Professor Jacob Beuscher and some foreign visitors

duct of both residents and policewas included. The work of theCommittee of 30, a group of cit-izens who patrolled the area afteragreement that the police would bekept out, was reported in detail.The Committee of 30, which in-cluded several Law School Facultymembers and students, assisted theCommission by making tape record-ings of the testimony of witnesseswho could not be present at thepublic hearings. Hospital recordswere examined to determine thenumber and nature of the injuriestreated. Costs were analyzed.

The Commission determined thatan underlying sense of antagonismbetween the police and the res-idents of the Mifflin Street areawas the most significant cause ofthe riots. Denial of the requestedpermit for the block party and thepresence of police in riot gear inadvance of any violence are listedas precipitating factors.

The Commission urged, in its re-port, that distinctions be made be-tween ordinary law enforcementand the problems created by theactivities and protests of alienatedminority groups. Consultation withcivilian authorities should be re-quired when the police have ad-vance warning of group activitieswhich may breach the peace. Fur-ther suggestions dealt with im-proved police training and increasedefforts to avoid violent confrontationby negotiations conducted by a panelof experts appointed by the Mayor.Consideration should be given, theCommittee urged, to the establish-ment of a special city office wherecomplaints may be heard.

Jacob H. Beuscher-socialengineerNo member of the Faculty more

completely epitomized the meaningof the Wisconsin Idea than the lateJacob H. Beuscher, deceased 1967.Throughout more than thirty yearson the Faculty, his public serviceextended to the boundaries of Wis-consin, to the far reaches of thecountry and, in his later years, tothe ends of the earth. While he wasworking and writing abroad, andbringing lawyers from foreign coun-tries here to study the legal aspects

x

of planned land use and land re-form, he was equally engaged athome, as the chief architect of 'Vis-consin's 'Vater Pollution law in1966.

His life was devoted to using hisown legal training and talent-s-andto encouraging other lawyers-tobring about desirable social andeconomic change. Long before theproblem was publicly acknowl-edged, Professor Beuscher was per-suading public officials, private in-dustry, and his fellow attorneys ofthe need for environmental con-trols.

"Law in Action" research wasProfessor Beuscher's great mission.In a memorandum to the Ameri-can Farm Economics Association in1960, he wrote, "Both economicsand law departments are in thebusiness of training technicians, butwoe be unto our clouded future ifthis is their only business. As econ-omists and as legal scholars, wemust not devote all our energies torefining and polishing and sharpen-ing our respective analytical tools,techniques, measuring devices andtechnical vocabularies. As membersof university faculties, we have theobligation of enlarging man's con-sciousness not only of what he isbut also of what he might be.

"Too often," he wrote in the samememorandum, "we think of theroles of law in our society in staticrather than dynamic terms. Law asit is made by our courts, legisla-tures, and administrative agencies isnot an end in itself; it is a meansto policy goals, particularly in the

allocation of resources. It is amyth, often repeated but neverthe-less quite wrong, that law's onlyrole is that of constraint, of puttingon the brakes. Instead, many legalrules and devices are efficient, flex-ibly adjustable conduits for changeand development. American law ofcontracts and, yes, of property, too,(and certainly of business associ-ations) since the industrial revolu-tion have not had their major rolesin the protection and maintenanceof the status quo, but in the con-stant reallocation of economic deci-sion-making powers."

So Mr. Beuscher devoted himself,not only to the stimulation of newlegislation, but to the use of theexisting laws of property to pro-mote highway beautification, plan-ned land use, and pollution con-trols. He dealt often with the roleof the courts.

"Long before we set up adminis-trative agencies to wrestle withwater and air pollution or solidwaste pollution, the courts were at-tempting through a system of pub-lic and private rights, to protectpeople from at least the worst ef-fects of other people's residues.

Of the role of the lawyer, hesaid, "Only those cases which arebrought to court get decided. . ."Lawyers, in these fields, he describ-ed as "social engineers." As a lead-ing "social engineer," he conductedthe monumental study of waterrights in Minnesota, Wisconsin,Ohio and Indiana (1958-62) ; he wasthe architect, through the Wiseon-

Continued on Page 15

THE GARGOYLE

Detling ScholarsNamed

Two outstanding law studentshave been named Detling Scholarsfor the second semester, 1969-70.Established recently by the Trusteesof the Detling estate, the scholar-ships are awarded to graduates ofthe University of Wisconsin whohave 3.5 or better grade point aver-ages.

Selected as the first Detling schol-ars are Mrs. Nely Lupovici John-son and Mr. Steven Ronald Allen.

Mrs. Johnson, a native of Ru-mania, who is a naturalized Amer-ican citizen, received a B.A. degreein French from the University ofWisconsin. She has almost completedthe work on a Master's Degree inFrench, and is in her first year ofLaw School. She and her husband,who is a graduate student in His-tory, are the parents of a year oldson.

Mr. Allen is a second year Lawstudent who has already establisheda fine record. He received a Uni-versity of Wisconsin B.A. degree in1969, and during his first yearearned a place on the Dean's Honorlist. Mr. Allen is a native of Edger-ton, where his mother, Mrs. Dor-othy G. Anderson, resides. He ismarried.

PLAN NOW To AttendTHE LAW SCHOOL'S

SPRING PROGRAMSaturday, April 25, 1970

PROGRAM:

Moot Court final Arguments

Meetings of WLAA Bd. of

Directors and Bd. of Visitors

ALUMNI LUNCHEON

Report of the Dean

40th Anniversary Class

25th Anniversary ClassDistinguished Alumni Award

Special Reunion Classes: 1920, 1925,

1930, 1935, 1940, 1945, 1950,

1955, 1960, 1965.All alumni may send luncheon and banquetmervations to: Wisconsin Law Alumni Assn.,234 Law School, U.W., Madison, Wis. 53706

COif INITIATIONfoley and LardnerScholarships Established

A gift to the Law School Fundfrom Foley and Lardner, a Milwau-kee law firm, will result in the es-tablishment of three Foley and Lard-ner scholarships in the academicyear, 1970-71. One Foley and Lard-ner scholar will be selected in eachc I ass. Academic achievement orpromise of achievement and finan-cial need will provide the basis ofselection.

Jacob H. Beuscher-socialengineer

From Page 10sin Legislative Council and the Wis-consin Department of Resource De-velopment, of a number of bills onland and water resource manage-ment, particularly the 1966 Water

THE GARGOYle

BANQUET AND BALL

Resources Act. He was a member ofthe Committee on Research Plan-ning of the State Bar of Wisconsin.The "Highway Corridor" move-ment, a far-reaching highway beau-tification program was conductedunder his leadership, by using awide range of legal techniques toprotect and enhance the quality ofland adjacent to new highways.

The Land Tenure Center, whichgathers lawyers and economists fromall over the world to study landplanning and land use, remains amonument to Professor Beuscher'smemory.

Lawyers Are DoctorsOf a total of 143 law schools, only

12 still award the LLB degree. The12 schools being; Baylor University,Boston University, Catholic Univer-sity of Puerto Rico, University ofConnecticut, North Carolina CentralUniversity, University of Pennsyl-vania, University of Puerto Rico,Richmond University, Southern Uni-versity, University of Virginia, Wash-ington and Lee University and YaleUniversity.

From Student Lawyers JournalDecember, 1969

xv

The Fox-Wis-Improvement,

Helstad, Orrin, editor. WisconsinUniform Commercial CodeHandbook, 1965. Currently be-ing revised.

Mermin, Samuel,consin Rivers1969.

Raushenbush, Walter, WisconsinConstruction Lien Law, 1968.

Professional improvements in-clude more than continuing educa-tion for lawyers. Law School Facul-ty members have been active inprocedural improvements as well.Prominent among these are Wiscon-sin Jury Instructions-Criminal andWisconsin Jury Instructions-Civil.

Professor Frank RemingtonWisconsin Jury Instructions-

Criminal was first published in1962, and has been continuouslyupdated since that time. Publishedin loose-leaf form by the Law Ex-tension Department, it has beenprepared by the Jury InstructionsCommittee of the Wisconsin Boardof Criminal Court Judges. ProfessorRemington has been a member ofthe Committee and a technical ad-visor since the study began.

At the time of its initial publica-tion, the Milwaukee Journal re-marked in an editorial,

"A chief concern of both law-yers and judges is to see thatjuries are correctly instructed sothat they will understand theirduty and render sound verdicts ...

"The model instructions arenot just labor saving devices, how-ever, they are guides, carefullybased on court precedents, tohelp minimize error and improvethe efficiency of the jury trialprocess.

"It is a great step forward nev-

Professor Shirley Abrahamsonthroughout the state. It broadensthe opportunities for continuing ed-ucation in many fields. In May,1969, Professor Richard Campbelldelivered a series of four tele-lectures on Recent Developmentsin Tort Law in Wisconsin. Subse-quently, these lectures were pub-lished in a book. Professor WalterRaushenbush delivered a telelectureseries on the Construction LienLaw in 1968.

Professor Richard CampbellThrough CLEW, Professor John

Conway conducted a legislativedrafting course sponsored by theCouncil of State Governments inSeptember, 1969. Professors Chris-tenson, Helstad, Hurst, Katz, Melliand Remington participated withProfessor Conway in the course.

Recent publications of the Insti-tute of Continuing Legal Educationinclude many written by membersof the Law School Faculty, amongwhich are:

Conway, John E., Wisconsin andFederal Civil Procedure, 1967,with supplements in 1967 and1968.

Professional improvement - theFaculty's contribution

Under the directorship of Profes-sor Arnon R. Allen of the Exten-sion Law faculty, the Institute ofContinuing Legal Education forWisconsin has been a joint activity ofthe State Bar of Wisconsin, Mar-quette University and the Universityof Wisconsin. Many practicing law-yers participate in its activities, asteachers and as students.

The partnership has recently beendissolved and each partner is goingits own way, with the Extension De-partment continuing to operate un-der the title of CLEW.

Professor Arnon AllenFrom the time of its inception in

1954 under the direction of Profes-sor August Eckhardt, faculty mem-bers of the Law School have playedimportant roles in its conferences,institutes, and publications. Whatfollows are only examples of lawfaculty activities conducted throughCLEW.

Professor Eckhardt, during 1969,conducted a 4 day program on es-tate planning for members of thepracticing Bar. He planned and im-plemented a telelecture series byseveral members of the Bar of Wis-consin in October. He presentedmany lectures and participated inseveral workshops in the field ofTrusts and Estates. Professor Shir-ley Abrahamson also lectured invarious parts of Wisconsin on Es-tate Planning.

The telelecture is a new and use-ful technique by which lectures de-livered in Madison can be commu-nicated by telephone and broadcastin a large number of centers

THE GARGOYLE XI

Professor John Conway

ertheless, and a public service."The Foreword to Wisconsin Jury

Instructions-Criminal says thisabout the contribution of FrankRemington "... The Committeecould have found no better qual-ified individuals than William Platzand Frank Remington for technicaladvisers. Suffice it to say that theaid of these two men has been in-valuable."

Wisconsin Jury Instruction-Civil,prepared for the Wisconsin Boardof Circuit Judges by its Civil JuryInstructions Committee, was editedby Professor Conway. He becameEditor, after conducting the insti-tutes on jury instructions for trialjudges in the summer of 1959.Judge Andrew Parnell, Chairmanof the Jury Instruction Committeecommended, in his introduction" ... Professor John E. Conway forhis patience, his counsel, his knowl-edge and his editorial skill." Theseinstructions, like those for juries incriminal cases, are also under con-tinuous revision.

Serving with two fellow attorneys,Warren Resh (formerly AssistantAttorney General) and WilliamReiser, Professor George Young hasbeen Chairman of the Legal ReviewBoard, appointed by the state Per-sonnel Board. The Board conducteda review of all the legal positions instate service, cutting tremendouslythe number of classifications. Thesalary and classification level of anynewly established position is estab-lished by the Legal Review Board.

* * *Of course, the basic faculty con-

tribution to the improvement ofthe profession is in the creativeteaching which goes on day by day,year after year, in the Law School.The General Practice course andthe Clinical Program have been de-

XII

scribed in previous issues of theGargoyle.

Much of what Faculty memberswrite is directed at improvement ofthe profession. A recent notable ex-ample is The Lawyer in ModernSociety, [Little Brown, 1966] ofwhich Professor Ted Finman is co-author with Professor Vern Coun-tryman of Harvard Law School.The book is designed by theauthors "to facilitate the efforts ofthose [teachers] who agree, and, asa consequence, spend part of theirteaching time exploring the manyproblems suggested by the phrase'professional responsibility' ". It isthe view of the authors that "it isa mistake to think of these mattersas essentially 'private' rather than'public' problems. Certainly, for ex-ample, questions concerning the ex-tent to which practicing lawyersought to be guided by conceptionsof public as well as client interestare not devoid of social impor-tance; the matter of defining andmaintaining standards of compe-tence and care in servicing clientsis not unrelated to the functioningof the legal system; and the ap-proach of the organized professionto solicitation of business and un-authorized practice-of-law problemshas obvious impacts on the kindand extent of legal service availableto the public."

Professor Abner Brodie

Professor Ted finman

Faculty members serve as arbi-trators and negotiators

The legal profession has negoti-ation as one of its most important?omponents. The Faculty lawyers,In some cases, are also negotiatorsin the public interest. ProfessorArlen Christenson has been servingduring this year as a member ofthe Faculty Committee appointedby the Madison Campus Chancellorto conduct negotiations with theTeaching Assistants Association.This difficult and time-consumingtask has so far been fruitless.

Professor Nathan P. Feinsinger isa world-renowned negotiator, whoseexperiences over the past thirtyyears are well-known to the alumni.A long-range study of strikes inWisconsin, to include the causes ofstrikes, and whether voluntarymeans could have been used to pre-vent or settle them is now beingconsidered as a cooperative effortwith the Wisconsin State AFL-CIOby Mr. Feinsinger's Center forTeaching and Research in DisputesSettlement. A proposal to considerbroadening the subjects of labor-management negotiations beyondthe usual "bread and butter" issuesto include matters of concern tothe public at large (such as indus-trial pollution) is also being studiedby the Center.

An international conference ondisputes settlement to follow thenational conference held in Octo-ber, 1969, is being planned for1970. (See Gargoyle, vol. 1, no. 2.)

For several years prior to 1969,Professor Abner Brodie, succeedingProfessor Feinsinger, served as theUmpire, or permanent arbitratorprovided in the collective bargain-ing agreement between the GeneralMotors Corporation and the UnitedAutomobile Workers, arbitratingdisputes between the corporationand the union. He presently servesas labor-management arbitrator indisputes arising in private industryor in public service. In addition, heoccasionally serves as a Fact Finderin public service labor-managementcontract disputes.

THE GARGOY~~

Professor John Conway

ertheless, and a public service."The Foreword to Wisconsin Jury

Instructions-Criminal says thisabout the contribution of FrankRemington "... The Committeecould have found no better qual-ified individuals than William Platzand Frank Remington for technicaladvisers. Suffice it to say that theaid of these two men has been in-valuable."

Wisconsin Jury Instruction-Civil,prepared for the Wisconsin Boardof Circuit Judges by its Civil JuryInstructions Committee, was editedby Professor Conway. He becameEditor, after conducting the insti-tutes on jury instructions for trialjudges in the summer of 1959.Judge Andrew Parnell, Chairmanof the Jury Instruction Committeecommended, in his introduction" ... Professor John E. Conway forhis patience, his counsel, his knowl-edge and his editorial skill." Theseinstructions, like those for juries incriminal cases, are also under con-tinuous revision.

Serving with two fellow attorneys,Warren Resh (formerly AssistantAttorney General) and WilliamReiser, Professor George Young hasbeen Chairman of the Legal ReviewBoard, appointed by the state Per-sonnel Board. The Board conducteda review of all the legal positions instate service, cutting tremendouslythe number of classifications. Thesalary and classification level of anynewly established position is estab-lished by the Legal Review Board.

* * *Of course, the basic faculty con-

tribution to the improvement ofthe profession is in the creativeteaching which goes on day by day,year after year, in the Law School.The General Practice course andthe Clinical Program have been de-

XII

scribed in previous issues of theGargoyle.

Much of what Faculty memberswrite is directed at improvement ofthe profession. A recent notable ex-ample is The Lawyer in ModernSociety, [Little Brown, 1966] ofwhich Professor Ted Finman is co-author with Professor Vern Coun-tryman of Harvard Law School.The book is designed by theauthors "to facilitate the efforts ofthose [teachers] who agree, and, asa consequence, spend part of theirteaching time exploring the manyproblems suggested by the phrase'professional responsibility' ". It isthe view of the authors that "it isa mistake to think of these mattersas essentially 'private' rather than'public' problems. Certainly, for ex-ample, questions concerning the ex-tent to which practicing lawyersought to be guided by conceptionsof public as well as client interestare not devoid of social impor-tance; the matter of defining andmaintaining standards of compe-tence and care in servicing clientsis not unrelated to the functioningof the legal system; and the ap-proach of the organized professionto solicitation of business and un-authorized practice-of-law problemshas obvious impacts on the kindand extent of legal service availableto the public."

Professor Abner Brodie

Professor Ted finman

Faculty members serve as arbi-trators and negotiators

The legal profession has negoti-ation as one of its most important?omponents. The Faculty lawyers,In some cases, are also negotiatorsin the public interest. ProfessorArlen Christenson has been servingduring this year as a member ofthe Faculty Committee appointedby the Madison Campus Chancellorto conduct negotiations with theTeaching Assistants Association.This difficult and time-consumingtask has so far been fruitless.

Professor Nathan P. Feinsinger isa world-renowned negotiator, whoseexperiences over the past thirtyyears are well-known to the alumni.A long-range study of strikes inWisconsin, to include the causes ofstrikes, and whether voluntarymeans could have been used to pre-vent or settle them is now beingconsidered as a cooperative effortwith the Wisconsin State AFL-CIOby Mr. Feinsinger's Center forTeaching and Research in DisputesSettlement. A proposal to considerbroadening the subjects of labor-management negotiations beyondthe usual "bread and butter" issuesto include matters of concern tothe public at large (such as indus-trial pollution) is also being studiedby the Center.

An international conference ondisputes settlement to follow thenational conference held in Octo-ber, 1969, is being planned for1970. (See Gargoyle, vol. 1, no. 2.)

For several years prior to 1969,Professor Abner Brodie, succeedingProfessor Feinsinger, served as theUmpire, or permanent arbitratorprovided in the collective bargain-ing agreement between the GeneralMotors Corporation and the UnitedAutomobile Workers, arbitratingdisputes between the corporationand the union. He presently servesas labor-management arbitrator indisputes arising in private industryor in public service. In addition, heoccasionally serves as a Fact Finderin public service labor-managementcontract disputes.

THE GARGOY~~

Faculty members labor in thecause of international under-standing

No more important public serv-ices are performed by members ofthe Law School Faculty than thoseprovided to the nation in time ofWar and in pursuit of peace.

In each of the great World Wars,1970. (See Gargoyle> vol. 1, no. 2.)many Faculty members have servedon active duty in the Armed Forcesor have accepted civilian appoint-ments in the war efforts. Alumni arewell aware of Professor Carl Runge'sservice as Assistant Secretary of De-fense from 1961 to 1963.

Professor George Bunn

Emeritus Professor William Gor-ham Rice, Jr. took leave from theFaculty over 30 years ago to estab-lish the United States Departmentof Labor's office in connection withthe International Labor Office inGeneva. He also served as AssistantGeneral Counsel of the U nited N a-tions Rei i e f and RehabilitationAgency at the close of World WarII.

Professor Charles Bunn servedduring the second World War inthe Division of Commercial Policyof the U.S. Department of State.Also, in the interests of peacefulpromotion of international trade,Professor Richard Bilder served asa representative of the United Stateson a panel of four experts to arbi-trate a dispute involving coffee quo-tas, under the International Coffeeagreement of 1962, which includedall 40 member states of the Inter-national Coffee Organization.

THE GARGOYLE

Professor Carl Runge

Professor George Bunn joined theFaculty in 1969 after having servedas General Counsel of the UnitedStates Arms Control and Disarm-ament Agency. He had served asAlternate United States Ambassadorto the Eighteen Nation Committeeon Disarmament in Geneva, Switzer-land.

Since joining the Faculty, he hasserved as a consultant to the SenateCommittee which has been seekingan amendment to the Defense Pro-curement Authorization Act to pro-vide restrictions on gas and germwarfare research and procurement.Interest in these restrictions and theresultant legislative proposals cameas a result of adverse public reactionto the killing of 6000 sheep nearDugway Proving Ground, to theArmy's plan to ship obsolete nervegas bombs by rail from Colorado fordisposal in the Atlantic Ocean, aswell as to the revelations that nervegas was stored by the Departmentof Defense in large quantities onOkinawa and in Germany.

Professor Bunn, during his yearon the Faculty, has also been activein the movement to secure approvalby the U.S. Senate of the GenevaProtocol of 1925 which bans poisongas and biological warfare. He wasthe lead-off witness before the Sub-committee on Security Policy andScientific Developments of theHouse Committee on ForeignAf-fairs. He served as advisor in thepreparation of a draft report on Bio-logical Warfare and the NationalSecurity, which was issued by agroup of Republican Congressmen,who urged resubmission of the Pro-

tocol to the Senate. Professor Bunnhas also during this past year servedas Consultant to the U.S. Arms Con-trol and Disarmament Agency onlegal problems arising from the plansfor the Strategic Arms Limitationtalks, which began in Helsinki inNovember, 1969, and will continuein Vienna in April.

Professor Bunn is also continuingto aid in planning for implementa-tion of the Non-proliferation Treaty,which will occur early in 1970. TheTreaty was approved by the Senatein the spring of 1969.

Conclusion

A single issue of the Gargoylecannot possibly cover all the manypublic services of the Law SchoolFaculty. The deep involvement ofmany Faculty members in the af-fairs of the University-such as theservices of Professors Eckhardt,Raushenbush and Finman as chair-men of the Conduct Hearings Com-mittee and the Conduct AppealsCommittee, or Professor Hethering-ton's service on the University Com-mittee and the Student HousingCommittee, Frank Remington'slong-time service on the AthleticBoard-has not been included.

Nor have we included, becausethe list is endless, the countlesshours of volunteer time contributedto the community by Faculty mem-bers, just because they are good cit-izens. Professor Carl Runge (formerAssistant Secretary of Defense) forexample, has served as President ofthe Madison Parks Commission andas a member of the ad hoc City-County Committee on Water Re-sources in 1969. This is, of course,in addition to his various militaryduties over many years. Also an ex-ample is Professor Richard Bilder'selection last year to a two yearterm as Trustee of the Village ofShorewood Hills.

A future Gargoyle will deal withthe Faculty as teachers. It will alsoinclude information about thechanging and developing curric-ulum. Together, these two issues ofthe Gargoyle can be used to pro-vide a well-rounded view of life atthe Law School.

XIII

Faculty members labor in thecause of international under-standing

No more important public serv-ices are performed by members ofthe Law School Faculty than thoseprovided to the nation in time ofWar and in pursuit of peace.

In each of the great World Wars,1970. (See Gargoyle> vol. 1, no. 2.)many Faculty members have servedon active duty in the Armed Forcesor have accepted civilian appoint-ments in the war efforts. Alumni arewell aware of Professor Carl Runge'sservice as Assistant Secretary of De-fense from 1961 to 1963.

Professor George Bunn

Emeritus Professor William Gor-ham Rice, Jr. took leave from theFaculty over 30 years ago to estab-lish the United States Departmentof Labor's office in connection withthe International Labor Office inGeneva. He also served as AssistantGeneral Counsel of the U nited N a-tions Rei i e f and RehabilitationAgency at the close of World WarII.

Professor Charles Bunn servedduring the second World War inthe Division of Commercial Policyof the U.S. Department of State.Also, in the interests of peacefulpromotion of international trade,Professor Richard Bilder served asa representative of the United Stateson a panel of four experts to arbi-trate a dispute involving coffee quo-tas, under the International Coffeeagreement of 1962, which includedall 40 member states of the Inter-national Coffee Organization.

THE GARGOYLE

Professor Carl Runge

Professor George Bunn joined theFaculty in 1969 after having servedas General Counsel of the UnitedStates Arms Control and Disarm-ament Agency. He had served asAlternate United States Ambassadorto the Eighteen Nation Committeeon Disarmament in Geneva, Switzer-land.

Since joining the Faculty, he hasserved as a consultant to the SenateCommittee which has been seekingan amendment to the Defense Pro-curement Authorization Act to pro-vide restrictions on gas and germwarfare research and procurement.Interest in these restrictions and theresultant legislative proposals cameas a result of adverse public reactionto the killing of 6000 sheep nearDugway Proving Ground, to theArmy's plan to ship obsolete nervegas bombs by rail from Colorado fordisposal in the Atlantic Ocean, aswell as to the revelations that nervegas was stored by the Departmentof Defense in large quantities onOkinawa and in Germany.

Professor Bunn, during his yearon the Faculty, has also been activein the movement to secure approvalby the U.S. Senate of the GenevaProtocol of 1925 which bans poisongas and biological warfare. He wasthe lead-off witness before the Sub-committee on Security Policy andScientific Developments of theHouse Committee on ForeignAf-fairs. He served as advisor in thepreparation of a draft report on Bio-logical Warfare and the NationalSecurity, which was issued by agroup of Republican Congressmen,who urged resubmission of the Pro-

tocol to the Senate. Professor Bunnhas also during this past year servedas Consultant to the U.S. Arms Con-trol and Disarmament Agency onlegal problems arising from the plansfor the Strategic Arms Limitationtalks, which began in Helsinki inNovember, 1969, and will continuein Vienna in April.

Professor Bunn is also continuingto aid in planning for implementa-tion of the Non-proliferation Treaty,which will occur early in 1970. TheTreaty was approved by the Senatein the spring of 1969.

Conclusion

A single issue of the Gargoylecannot possibly cover all the manypublic services of the Law SchoolFaculty. The deep involvement ofmany Faculty members in the af-fairs of the University-such as theservices of Professors Eckhardt,Raushenbush and Finman as chair-men of the Conduct Hearings Com-mittee and the Conduct AppealsCommittee, or Professor Hethering-ton's service on the University Com-mittee and the Student HousingCommittee, Frank Remington'slong-time service on the AthleticBoard-has not been included.

Nor have we included, becausethe list is endless, the countlesshours of volunteer time contributedto the community by Faculty mem-bers, just because they are good cit-izens. Professor Carl Runge (formerAssistant Secretary of Defense) forexample, has served as President ofthe Madison Parks Commission andas a member of the ad hoc City-County Committee on Water Re-sources in 1969. This is, of course,in addition to his various militaryduties over many years. Also an ex-ample is Professor Richard Bilder'selection last year to a two yearterm as Trustee of the Village ofShorewood Hills.

A future Gargoyle will deal withthe Faculty as teachers. It will alsoinclude information about thechanging and developing curric-ulum. Together, these two issues ofthe Gargoyle can be used to pro-vide a well-rounded view of life atthe Law School.

XIII

N AM E .

NAME ... _........................................................................................•.......

Names of other alumni who may not be on the mailing list.

............'~ity"""'''''''' ~t~t~······"········"·······"···'~ip''''''~

zipstate

street

which have been made annually.The total of the Law School Fund,

plus such other alumni contributionsas are mentioned above, betweenNovember 15, 1968 and January 31,1970 is: $60,378.69.

Not included in this total are twolarge gifts made for special purposes.Securities with a market value ofover $21,000 we r e contributedanonymously in memory of CharlesBunn, and earmarked for the LegalEducation Opportunities Program.

Liquidation of the Phi Alpha DeltaBuilding Corporation resulted in acontribution to the Law School of thePhi Alpha Delta Student Loan Re-vocable Trust. At the time of itsestablishment, the Revocable Trusthad a value of approximately $29,000.

Contributions made for very lim-ited and specific purposes are alsonot included in these totals. Giftsof books, for example, or the sub-stantial support given to the Centerfor Teaching and Research in Dis-putes Settlement, a contribution toprovide the annual Backus lectures,or a contribution to finance thepreparation of the history of theLaw School, are not included in theLaw School Fund totals. Nor aregovernment or foundation researchgrants included.

city

no.

streetno.

FO RM ERA DDRESS --------------------- _

NEW ADDRESS ................................................................................•.....

WHERE ARE YOU NOW?Help keep our mailing list up to dat'e.

FIRM NAM E..........................................................................••..............

POS IT 10 N _ __ _.. _._ _ _ _.........•••

May 5, 1969, to begin the organiza-tion of the Fund Drive.

The past months have been large-ly months of preparation. The FundDrive will go into high gear during1970. Alumni in a number of local-ities, particularly Milwaukee, NewYork, Chicago and Washingtonhave organized themselves to con-duct a personal solicitation of allAlumni. Deans Kimball and Fosterand other faculty members have vis-ited with groups of alumni in anumber of cities. A general mailingto all Alumni was made in Decem-ber, 1968 and in December, 1969.Class agents have been appointedby Vice-Chairman Curry, and arein the process of contacting theirclassmates for the support of theFund for the 1970 drive.

The establishment of the LawSchool Fund permits the consolida-tion of other funds to which Alumniand friends of the Law School havein the past made contributions. In-cluded in the consolidated Fund arethe Dean's Contingency Fund, theLeg a I Education OpportunitiesFund, the WLAA Scholarship andLoan Fund, the Benchers Fund, theJacob Buescher Fund and the JohnP. Andersen Fund. Included alsoare a few individual contributions

This first annual report of theLaw School Fund covers the periodfrom November 15, 1968 to January31, 1970. Henceforth the reportswill cover the period between Febru-ary 1 and January 31 of each year.

November 15, 1968, is selected asthe beginning date, because it wason that date that the WLAA Boardof Directors, meeting with the Boardof Visitors, gave preliminary approv-al to the establishment of the Fundand established a committee com-posed of Patrick Cotter, M. A. Me-Kichan, and Associate Dean Gor-don Baldwin "for the purpose ofconsidering, planning and organiz-ing an annual alumni giving cam-paign for the Law School, and fur-ther, ... it was the sense of thismeeting of the joint boards that themembers present favor the proposalto organize such an annual cam-paign."

On February 19, 1969, meetingin Milwaukee, the joint boards gaveunanimous approval to the proposedcharter of the Law School Fund, aspresented by the Committee. Thecharter establishes the Law SchoolFund as an organization in whichoperating authority is vested in aNational Committee, (see Gargoyle,vol. 1, no. 1) of which Mr. JohnLord, Chicago, has been the firstChairman, to organize and conductthe Fund Drive, and to recommendthe uses of the proceeds of the Fund.According to the Charter, the pur-pose of the fund is to "promote giftsfrom alumni and friends of the Uni-versity of Wisconsin Law Schoolwhich will help build the school'sgeneral resources and support spe-cial activities."

The initial officers of the Fund,in addition to Mr. Lord, have beenMr. Carroll Heft of Racine, vice-chairman; Mr. George Cleary ofNew York, Scholarships vice-chair-man; Mr. Robert Curry of Madi-son, Class Agent vice-chairman. As-sociate Dean G. W. Foster, Jr. hasrecently replaced Associate DeanGordon Baldwin, as Fund Director.

The national committee met on

Law School Fundfirst Annual Report

XIV THE GARGOYLE

Detling ScholarsNamed

Two outstanding law studentshave been named Detling Scholarsfor the second semester, 1969-70.Established recently by the Trusteesof the Detling estate, the scholar-ships are awarded to graduates ofthe University of Wisconsin whohave 3.5 or better grade point aver-ages.

Selected as the first Detling schol-ars are Mrs. Nely Lupovici John-son and Mr. Steven Ronald Allen.

Mrs. Johnson, a native of Ru-mania, who is a naturalized Amer-ican citizen, received a B.A. degreein French from the University ofWisconsin. She has almost completedthe work on a Master's Degree inFrench, and is in her first year ofLaw School. She and her husband,who is a graduate student in His-tory, are the parents of a year oldson.

Mr. Allen is a second year Lawstudent who has already establisheda fine record. He received a Uni-versity of Wisconsin B.A. degree in1969, and during his first yearearned a place on the Dean's Honorlist. Mr. Allen is a native of Edger-ton, where his mother, Mrs. Dor-othy G. Anderson, resides. He ismarried.

PLAN NOW To AttendTHE LAW SCHOOL'S

SPRING PROGRAMSaturday, April 25, 1970

PROGRAM:

Moot Court final Arguments

Meetings of WLAA Bd. of

Directors and Bd. of Visitors

ALUMNI LUNCHEON

Report of the Dean

40th Anniversary Class

25th Anniversary ClassDistinguished Alumni Award

Special Reunion Classes: 1920, 1925,

1930, 1935, 1940, 1945, 1950,

1955, 1960, 1965.All alumni may send luncheon and banquetmervations to: Wisconsin Law Alumni Assn.,234 Law School, U.W., Madison, Wis. 53706

COif INITIATIONfoley and LardnerScholarships Established

A gift to the Law School Fundfrom Foley and Lardner, a Milwau-kee law firm, will result in the es-tablishment of three Foley and Lard-ner scholarships in the academicyear, 1970-71. One Foley and Lard-ner scholar will be selected in eachc I ass. Academic achievement orpromise of achievement and finan-cial need will provide the basis ofselection.

Jacob H. Beuscher-socialengineer

From Page 10sin Legislative Council and the Wis-consin Department of Resource De-velopment, of a number of bills onland and water resource manage-ment, particularly the 1966 Water

THE GARGOYle

BANQUET AND BALL

Resources Act. He was a member ofthe Committee on Research Plan-ning of the State Bar of Wisconsin.The "Highway Corridor" move-ment, a far-reaching highway beau-tification program was conductedunder his leadership, by using awide range of legal techniques toprotect and enhance the quality ofland adjacent to new highways.

The Land Tenure Center, whichgathers lawyers and economists fromall over the world to study landplanning and land use, remains amonument to Professor Beuscher'smemory.

Lawyers Are DoctorsOf a total of 143 law schools, only

12 still award the LLB degree. The12 schools being; Baylor University,Boston University, Catholic Univer-sity of Puerto Rico, University ofConnecticut, North Carolina CentralUniversity, University of Pennsyl-vania, University of Puerto Rico,Richmond University, Southern Uni-versity, University of Virginia, Wash-ington and Lee University and YaleUniversity.

From Student Lawyers JournalDecember, 1969

xv

Detling ScholarsNamed

Two outstanding law studentshave been named Detling Scholarsfor the second semester, 1969-70.Established recently by the Trusteesof the Detling estate, the scholar-ships are awarded to graduates ofthe University of Wisconsin whohave 3.5 or better grade point aver-ages.

Selected as the first Detling schol-ars are Mrs. Nely Lupovici John-son and Mr. Steven Ronald Allen.

Mrs. Johnson, a native of Ru-mania, who is a naturalized Amer-ican citizen, received a B.A. degreein French from the University ofWisconsin. She has almost completedthe work on a Master's Degree inFrench, and is in her first year ofLaw School. She and her husband,who is a graduate student in His-tory, are the parents of a year oldson.

Mr. Allen is a second year Lawstudent who has already establisheda fine record. He received a Uni-versity of Wisconsin B.A. degree in1969, and during his first yearearned a place on the Dean's Honorlist. Mr. Allen is a native of Edger-ton, where his mother, Mrs. Dor-othy G. Anderson, resides. He ismarried.

PLAN NOW To AttendTHE LAW SCHOOL'S

SPRING PROGRAMSaturday, April 25, 1970

PROGRAM:

Moot Court final Arguments

Meetings of WLAA Bd. of

Directors and Bd. of Visitors

ALUMNI LUNCHEON

Report of the Dean

40th Anniversary Class

25th Anniversary ClassDistinguished Alumni Award

Special Reunion Classes: 1920, 1925,

1930, 1935, 1940, 1945, 1950,

1955, 1960, 1965.All alumni may send luncheon and banquetmervations to: Wisconsin Law Alumni Assn.,234 Law School, U.W., Madison, Wis. 53706

COif INITIATIONfoley and LardnerScholarships Established

A gift to the Law School Fundfrom Foley and Lardner, a Milwau-kee law firm, will result in the es-tablishment of three Foley and Lard-ner scholarships in the academicyear, 1970-71. One Foley and Lard-ner scholar will be selected in eachc I ass. Academic achievement orpromise of achievement and finan-cial need will provide the basis ofselection.

Jacob H. Beuscher-socialengineer

From Page 10sin Legislative Council and the Wis-consin Department of Resource De-velopment, of a number of bills onland and water resource manage-ment, particularly the 1966 Water

THE GARGOYle

BANQUET AND BALL

Resources Act. He was a member ofthe Committee on Research Plan-ning of the State Bar of Wisconsin.The "Highway Corridor" move-ment, a far-reaching highway beau-tification program was conductedunder his leadership, by using awide range of legal techniques toprotect and enhance the quality ofland adjacent to new highways.

The Land Tenure Center, whichgathers lawyers and economists fromall over the world to study landplanning and land use, remains amonument to Professor Beuscher'smemory.

Lawyers Are DoctorsOf a total of 143 law schools, only

12 still award the LLB degree. The12 schools being; Baylor University,Boston University, Catholic Univer-sity of Puerto Rico, University ofConnecticut, North Carolina CentralUniversity, University of Pennsyl-vania, University of Puerto Rico,Richmond University, Southern Uni-versity, University of Virginia, Wash-ington and Lee University and YaleUniversity.

From Student Lawyers JournalDecember, 1969

xv

Detling ScholarsNamed

Two outstanding law studentshave been named Detling Scholarsfor the second semester, 1969-70.Established recently by the Trusteesof the Detling estate, the scholar-ships are awarded to graduates ofthe University of Wisconsin whohave 3.5 or better grade point aver-ages.

Selected as the first Detling schol-ars are Mrs. Nely Lupovici John-son and Mr. Steven Ronald Allen.

Mrs. Johnson, a native of Ru-mania, who is a naturalized Amer-ican citizen, received a B.A. degreein French from the University ofWisconsin. She has almost completedthe work on a Master's Degree inFrench, and is in her first year ofLaw School. She and her husband,who is a graduate student in His-tory, are the parents of a year oldson.

Mr. Allen is a second year Lawstudent who has already establisheda fine record. He received a Uni-versity of Wisconsin B.A. degree in1969, and during his first yearearned a place on the Dean's Honorlist. Mr. Allen is a native of Edger-ton, where his mother, Mrs. Dor-othy G. Anderson, resides. He ismarried.

PLAN NOW To AttendTHE LAW SCHOOL'S

SPRING PROGRAMSaturday, April 25, 1970

PROGRAM:

Moot Court final Arguments

Meetings of WLAA Bd. of

Directors and Bd. of Visitors

ALUMNI LUNCHEON

Report of the Dean

40th Anniversary Class

25th Anniversary ClassDistinguished Alumni Award

Special Reunion Classes: 1920, 1925,

1930, 1935, 1940, 1945, 1950,

1955, 1960, 1965.All alumni may send luncheon and banquetmervations to: Wisconsin Law Alumni Assn.,234 Law School, U.W., Madison, Wis. 53706

COif INITIATIONfoley and LardnerScholarships Established

A gift to the Law School Fundfrom Foley and Lardner, a Milwau-kee law firm, will result in the es-tablishment of three Foley and Lard-ner scholarships in the academicyear, 1970-71. One Foley and Lard-ner scholar will be selected in eachc I ass. Academic achievement orpromise of achievement and finan-cial need will provide the basis ofselection.

Jacob H. Beuscher-socialengineer

From Page 10sin Legislative Council and the Wis-consin Department of Resource De-velopment, of a number of bills onland and water resource manage-ment, particularly the 1966 Water

THE GARGOYle

BANQUET AND BALL

Resources Act. He was a member ofthe Committee on Research Plan-ning of the State Bar of Wisconsin.The "Highway Corridor" move-ment, a far-reaching highway beau-tification program was conductedunder his leadership, by using awide range of legal techniques toprotect and enhance the quality ofland adjacent to new highways.

The Land Tenure Center, whichgathers lawyers and economists fromall over the world to study landplanning and land use, remains amonument to Professor Beuscher'smemory.

Lawyers Are DoctorsOf a total of 143 law schools, only

12 still award the LLB degree. The12 schools being; Baylor University,Boston University, Catholic Univer-sity of Puerto Rico, University ofConnecticut, North Carolina CentralUniversity, University of Pennsyl-vania, University of Puerto Rico,Richmond University, Southern Uni-versity, University of Virginia, Wash-ington and Lee University and YaleUniversity.

From Student Lawyers JournalDecember, 1969

xv