Harvard Law School - Yearbook (Cambridge, MA)

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The pattern of tl1e school became set in the major particulars of substan- tial entrance requirements, an elaborate curriculum, three years of study, and severe examinations. On tl1e eve of the twentieth century the faculty voted to admit a woman student, but tl1e Corporation vetoed the proposal. POUND AND BWEALLISTON fl910-19361 At the dinner tendered to Beale and Williston ill the year of their seventy- fifth birthdays Pound christened the era of their long professorships with their names in composite. But the Dean's generosity must not obscure the fact that, first of all, it was the era of Pound of the prodigious energy, memory and versatility. Sociological Jurisprudence is as closely tied to Pound as the Case Method to Langdell and is as universally accepted, dealing, with the substance of the law, rather than pedagogy, it had an even more important influence. As the faculty grew larger two tendencies developed. First, the familiar names crossed the lines of successive deanships-for instance, Williston served with Langdell, Ames, Thayer, Pound, and Landis. Second, specialization became increasingly the rule-Beale in Conflicts, Williston in Contracts, Scott in Trusts, Chafee in Equity, Frankfurter in Public Law. During Pound's deanship the physical plant of the school reached its present state. Austin Hall had been built in 1883, the original wing of Langdell in 1906, the other two wings in 1927. THE SEVENTH AGE C1936 ........ J James M. Landis provided a rather intermittent deanship for ten years. Erwin N. Griswold succeeded him in 1946. How will this period be judged in the Year Book of 1997? Here are two of the many possibilities. First possibility. f'Griswold found, at the start of his regime, an eminent and experienced faculty inadequate in numbers to cope with the tremendous demands which returning veterans placed upon the school. Seizing the oppor- tunity, he brought to the school a group of vigorous young men variously experienced in practice, government and other institutions of legal education. The school moved to new heights of accomplishment, adapting itself to the h nffinv needs of the times and both as an institution and through its gradu- c a g g , ,, ates, participating in the upward surge of American democracy and world government. Second possibility. On his accession to the deanship Griswold faced a sorry situation. Attracted by the past glories of the school, still symbolized by Scott and Chafee, hordes of students stood at the gates. Within the walls a strange assortment of pedants milled about. Landis had sought to bolster the in-bred faculty with acquisitions from the provinces, with none too happy results. Jurisprudence reached its nadir when one professor published an entire volume reducing the substance of the law to two words: ls and 'cOught. The ancient dignities were sore affronted by another instructor whose only claim to distinction was a moderate, if eager, facility with the piano accordion. Kill-or- cure measures being indicated, Griswold recruited out of the armed forces a group of hopeful but inexperienced youngsters, two of whom actually wore 'ccrew haircutsf' an adolescent tonsorial abomination of the day. The results of this gamble were what might reasonably have been expected. Griswold died a broken man in his early fifties. The renaissance of the school, as is well known, awaited the appointment of Eli Howard Sterling, the distinguished Yale alumnusf' While awaiting this verdict, look again upon those portraits-Story, Wash- burn, Holmes, Greenleaf, Brandeis, Ames. These were men. 15

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aw ana! fda Ylnifeol Wafiond By A. H. FELLER Director of the Legal Department of the Secretariat of the United Nations OW that we stand at the beginning of a great effort to develop and codify international law, it is instructive to examine the differing attitudes with which lawyers in the different parts of the world approach the job. Among a number of those in Europe who l1ad participated in the codification work of the League of Nations there exists a serious skepticism, if not defeatism, with regard to the enterprise. They remember and recall tl1e prolonged efforts of the League which l1ad born such disappointingly meagre fruit in the Hague Conference of 1930. There a group of nations had attempted to reach agree- ment on what were supposed to be fairly non-controversial topics-Nationality, llerritorial Vifaters and Responsibility of States. Some, though by no means all, of those who Went through that disappointment, think it almost impossible to make any progress in this unsettled World. They point to the difliculties which members of the United Nations have had in reaching agreement in political and economic questions, and believe that the difliculties would be even greater in the legal field. By contrast, lawyers in the Americas, both North and South, have taken to the subject of the development of international law with an optimism which amounts almost to exuberance. How much justification is there in these con- trasting attitudes? The history of the League codification effort was disappointing, but the pessimists have brooded on it too much. They tend to forget the great develop- ments in international law which the last two years have brought forward. In this period the international community received a new Constitution- the Charter of the United Nations. It is the fashion of the time to concentrate on the weaknesses of the Charter and to overlook, or take for granted its virtues. lt is hardly open to debate that the Charter marks a great advance towards a system of world law. The rule of unanimity of the League, which carried forward the principle of unlimited sovereignty of every state, has been reduced to a point where only the five great powers retain the right of veto. That right remains Ollly in the Security Council. In the other organs, the General Assembly, the Economic and Social Council and in the Trusteeship Council, voting is by simple or two-thirds majority. True enough the rule of unanimity of the great powers prevails in the most important field, where the international body has power to decide and place binding obligations 011 the member states, and has been yielded in those organs which can only lnake 1'6COIl11l'l6Ild21l1l0l1S. The fact remains that fifty of the fifty-five members have bound themselves to obey the decisions of the Security Council without right of veto, and all of them have greed to permit a majority vote of the nations in the enormous field covered by the General Assembly and the other Councils. This is not the World Parliament, but it is a long way forward from the international anarchy of the past centuries. 17