Harvard Law School - Yearbook (Cambridge, MA)

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for certain individuals . . . . . . The attorney should not be anxious to file lawsuits against landlords. Where the tenant union isyoung and weak, filing an affirmative lawsuit is usually suicidal .... I do not mean to suggest that legal aid offices should not assist tenant unions, or that counseling a group of tenants will not on occasion preclude one from handling cases for individual tenants. Nor do I mean to imply that every lawyer should be willing to join a legal aid staff: save the clients from that. I mean simply to stress that when all the big causes are won and the master plans called for are put into opera- tion there will still be plenty of suffering which lawyers, acting for individuals through an imperfect legal process, can help amend. All of us have to be careful, I think, that our own commitment to help make a better life for large numbers of people, and our doubts about the efficacy of the legal process in achieving this end, do not comprise an intellectualized excuse for altogether opting out of involvement with persons whose own desperate sense of need is for an advocate now-change the system later. The most angry, aggressive, and effective legal aid lawyer I know is wont to muse that in five years we'll have accomplished this, and in ten years that, and it may take fifty years to gain still something else. When once asked by a frustrated student how in these days he could talk so calmly about victories so far off he replied very simply, with no piety whatsoever, that progress comes by relentlessly chipping away, and that chipping away for the poor was his life. We need more and more lawyers, I think, who can take defeat after defeat in little causes and keep going, with imagination and crafts- manship in each effort-perhaps, eventually, to win. I have a third concern. Wherever a lawyer may put himself along the line between serving the least of individual clients and planning for master changes affecting everybody, he is trained Cor should bel to devise remedies as well as state complaints. The most effective advocates usually do not file law suits without having a well conceived, reasonable decree virtually ready for submission to the court. By reasonable fa hateful lawyer's wordl I do not mean politically acceptable or even respectful of the attitudes of the adversaries. I mean, rather, a good faith effort to prescribe a solution, in the interest of one's client, that pays careful, attention to the consequences for all interests directly affected by the suit. CSuch elaboration of the remedy, as well as the complaint, was to me a most impressive feature of last yearfs student efforts for grade reform and other changes at the Law School.J For many in society, however, including law students, it is difficult to hold back an assertion of rights until they have a reasonable remedy to propose. The corrupt and oppressive quality of so many of our institutions is so obvious and so pervasive that it is far easier to root up and pull down than to plant and to build. So many prerogatives of so many decision-makers are usually involved before deliberations bring change that no wonder it often seems enough to challenge the status quo, leaving others to restructure and rebuild. Those who have .the temperament and courage for uncompromising efforts for change continually collide with those who have equally laudable qualities channeled into tireless efforts to help bring about the necessary compromise of differences for any true remedy. Whether one is a lawyer for those who wish to pull our institutions down or for those who wish to reform them with minimaldisruption, he will have an especially difficult task in keeping faith with his clients while trying to convince them about the im- portance of putting forth a well-conceived, reasona- ble remedy. But proposals for a remedy are inherent in the lawyer's role. To the extent that hostile emotions are stirred up by my concern for remedies as well as rights, or my conviction about the patience to chip away while the planners are mapping big changes, then this may be one measure of a decade gap. But fortunately for my own psyche I have heard the attitudes,I have expressed, and probably absorbed some of them myself, in many student gatherings here since I was privileged to return on the management side. In rereading what I have written I have asked myself in many instances whether I am being serious, cynical, judgmental, or indifferent. I donit honestly know, I am one who is haunted by the enormity and insolubility of problems and almost reverent with thanks for any progress that takes place. On one point, however, I am not ambivalent. I am terribly impressed by the law students I have come to know here during the past few years, and I share the anxiety students feel in trying to find a vocation which serves the right master. It would be nice if we could all be like Augustine-lead a profligate life for awhile yet eventually turn out to be a saint. But students have been given religion now in the sense of deep concern for all those whom society has neglected or overreached. For this concern the rest of society should be grateful and take heed, for I sense that after the students leave this place they will continue to keep faith with themselves and keep' calling upon the rest of us to render account, if only-and perhaps most importantly- in being honest with ourselves. I5

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W. Andrews ,.., . . . E. Appel ..... P. Areeda ,..,. M. Arnold ..,. P. Bator ..... R. Baxtor .,.. D. Bell ....., H. Berman .... S. Bernardi. . . W. Bevins. . . D. Bok ..,,.. R. Braucher. . . S. Breyer .... E. Brown .,.. W. Bruce .... C. Byse .,,... G. Calabresi.. M. Cappelletti. A. Casner ..... J. Chadbourn. . A. Chayes. , . I. Cohen ..,,.. P. Coogan ..., V. Countryman ...... A. Cox ....... W. Curran .... J. Dawson .... D. Degnan .... A. Dershowitz M. Eisenberg.. J. Facher .,... I. Ferren .... R. Field R. Fisher . . . P. Freund .... C. Fried .,.. L. Fuller .... C. Haar .... L. Hall ....... .... 2 2 T. Hervey .... D. Herwitz .... P. Heymann. . . R. Hills ..... J. Howe. . . L. Jaffe .... C. Jones ..... B. Kaplan ..... M. Katz ..... A. Kaufman .... R. Keeton ..... W. Leonard ...,..... M. Loper ..... L. Loss ...... J. Lynch ...... J. Mansfield ......... A. vonMehren ....... F. Michelman ....... R. Musgrave ........ S. Nahmod .... D. Nelson .... C. Nesson ..,. L. Ohlin ..... O. Oldman .... W. Reiser .... W. Rymer .... A. Sacks ..... J. St. Clair .... F. Sander ........... E. Sargeant ......... D. Shapiro .... R. Simpson. . . D. Smith .... L. Sohn ..... H. Stiener .... A. Stone ...... S. Surrey .,..,..,... A. Sutherland ....... S. Thorne ........... D. Trautman ........ L. Tribe ...... D. Turner ..... D. Vagts ....... I. Vorenberg ........ K. Wedderburn ...... L. Weinreb ...,,..... L. Weinstein. . . D. Westfall .......... A. Yarmolinsky ..... Faculty and administration are printed generally in cata- logue order. arulig