Spring1970

of. 2 no. 3

Retum address:

:Jhe qa,.g0'llelaw SchoolUniversity of WisconsinMadison, Wisconsin 53706

Second Class Postage Paid atWaterloo, Wis. 53594

Dear Alumni of the Law School:Weare sometimes led to believe

that relations between the academiccommunity and the outside commu-nity-as well as between the youngand the older generations-have de-teriorated so that communication isno longer possible. In my opinionthis was not true with lawyers, theLaw School, and law students in theyear 1970. The past year broughtincreasing interest of the alumni inthe Law School, and the growingsupport that accompanies it. Thereis, in fact, a new receptivity on allsides which stimulates communica-tion to the benefit of all groups.

The Visitors Program in the LawSchool in March, 1970, which willbe repeated in March, 1971, was arewarding experience for those whoparticipated. One of the highlightswas the very honest and informativediscussion we had with a largegroup of students on Saturday morn-ing.

These visitations and other sched-uled events, such as the General Prac-tice course, the Spring Program andthe Law Review reunion dinner, giveus an opportunity to mingle with ourfellow lawyers as well as with poten-tial members of our profession.

During the past year, the Deanand other members of the Facultyhave traveled extensively, meetingwith groups of Law School Alumni,and discussing the problems andprospects of the Law School. Thesemeetings serve to keep us abreast ofdevelopments in legal education andgive us the opportunity to submitour own suggestions and reactionsdirectly to those who administer theLaw School.

The Alumni Association's Boardof Directors and Board of Visitorshave the responsibility of allocatingthe proceeds of the Law SchoolFund. Decisions, of course, are basedon the recommendations of the Dean.As the Fund grows, this responsibilitygrows. Curricular innovations tomeet new demands of the legal pro-fession, faculty research which bene-fits both the Law School and the Bar,some increased flexibility in facultyhiring and financial assistance togifted and hard-pressed students willprovide the main uses of the Fund.Enrollment pressures make all ofthese more necessary each year.

II

Alumni can assist the Dean and theBoard by providing suggested pro-grams for consideration.

The only projects considered willbe those for which legislative appro-priations are not appropriate orleast not now possible. As Alumni ofthe Law School, we can use our in-fluence in state government and inthe administration of the Universityto achieve increased public supportof legal education, which has longbeen one of the least adequately fi-nanced of all the fields of higher edu-cation. Our usefulness in this under-taking is enhanced tremendously aswe ourselves become fully informedabout what goes on in the LawSchool, and as we contribute ourown suggestions to those responsiblefor administering legal education.

It is our goal in 1971 to see toit that more and more alumni areincluded in the affairs of the LawSchool. We hope you will respondto our calls, not only to help in theFund Drive, but also to our invita-tions to regional meetings and to ac-tivities at the Law School.

Sincerely yours,John C. Tonjes, ChairmanBoard of Visitors

Dear Alumni of theWisconsin Law School:

The Annual Report of the LawSchool Fund which appears in thisissue of the Gargoyle demonstratesthe benefits to the Law School thatresult from the heightened involve-ment of alumni in its affairs. Con-tributions to the Fund are only onemanifestation of increased alumniinterest, however. Participation inaffairs of the Wisconsin Law Alum-ni Association, attendance at alum-ni lunches and dinners in variouslocations, the annual Alumni visita-tion at the Law School, participa-tion as teachers in the GeneralPractice course and other courses,and attendance at the Spring Pro-gram are also signs of increasinginterest in the Law School. 1970was a banner year in the developingcordiality between the alumni andthe Law School. We hope to con-tinue to merit and to receive yourinterest, concerns, participation andcontributions.

Spencer L. Kimball, Dean

John Tonjes

TABLE OF CONTENTS

Letter from the Dean.................... 2

Letter from John Tonjes 2

Moot Court Provides Experiencein Oral Argument ....•............... 3

Professor Katz Retires 5

Law School Fund-2nd Annual Report 6

Brian Butler Teaches Property 7

Hail Hail, The Gang's All Here 8

Law Graduates Flightand Migration 9

George E. Cleary Scholarship 9

The library-Backboneof the Law School.. 10

THE GARGOYLEBulletin of the University of WisconsinLaw School, published quarterly.VOL. 2, NO.3 SPRING,1971

Ruth B. Doyle, editorPublication office, 213 W. Madison s-,Waterloo, Wis. Second class postage paidat 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 GARGOYLE

MOOT COURT PROVIDES EXPERIENCE IN ORAL ARGUMENT

1910 Moot Court TeamLeft to right: Prof. Helstad, William Lewis, Fred Leatherman, Prof. Brodie, Howard Eisenberg.

When the Wisconsin Law Schoolwas established in 1868, the courseof study included, along with thecustomary lectures and textbookdiscussions, weekly moot courts forthe argument of cases. Throughoutthe Law School's history, effortshave been made to incorporate intothe curriculum practical experiencein the trial of law suits and in thepreparation and argument of caseson appeal.

The National Moot Court com-petition provides the annual cul-mination of these efforts for over120 law schools in the UnitedStates. Each year, the nationalchampionship rounds are sponsoredin New York by the Young LawyersCommittee of the Association of theBar of the City of New York. Afterregional tournamen ts throughoutthe country, the 16 winning teamsgather for the final rounds in No-

THE GARGOYLE

vember each year, and a nationalchampion team is selected.

The Wisconsin Law School haswon the regional competition andhence has participated in the NewYork tournament twelve times sincethe establishment of the nationalcompetition in 1950. In 1969, theWisconsin team won its only nation-al championship, though on severalother occasions, the Wisconsin teamhas reached the semi-finals. In No-vember, 1970, the team defeated theUniversity of Texas in the firstround, but was eliminated in thesecond by New York University.

Regional tournaments pre c e d ethe national championship rounds.For many years, the Milwaukee Ju-nior Bar Association played regionalhost. In 1970, the regional tourna-ment was shifted to Chicago.

Each participating law school

travels a different route to thechampionship rounds in New York.Although Wisconsin teams havebeen among the most successful inthe competition over the years, ap-pellate advocacy, at least in thecompetitive sense, is less emphasizedat Wisconsin than at many otherlaw schools. At some schools, intra-school competitions, such as theAmes competition at Harvard, in-volve up to 100 students in the ex-tra-curricular practice of appellateadvocacy.

In many law schools, moot courtcompetitions were traditionally or-ganized through moot court clubs,which had social and fraternal aswell as competitive purposes.

All of these intensive intramuraland interscholastic efforts have thestated purpose of providing to law

continued on page 4

III

MOOT COURT CON'T.

students an opportunity to gain ex-perience in all aspects of appellateadvocacy, including research, brief-writing and oral argument. In addi-tion, of course, participating stu-dents have chances to meet and as-sociate with outstanding studentsfrom other law schools and out-standing members of the Bench andBar.

All first year law students at Wis-consin are enrolled in a Legal Writ-ing course in which they writememos and briefs. Late in the sec-ond semester, students are dividedinto teams of two, to present oralarguments following the submissionof briefs on problems prepared bythe Legal Writing instructors. LegalWriting instructors and members ofthe local Bar serve as judges onthese occasions.

Appellate Advocacy is a secondyear course, which culminates inan intramural tournament presidedover by Wisconsin Supreme Courtjustices at the time of the SpringProgram each year. In addition, aseminar in AppelJate Procedure isoffered to advanced law students.Now conducted by Wisconsin Su-preme Court Justice Nathan Hef-fernan, it was formerly under thedirection of Justice George S. Cur-rie,

Students interested in being se-lected to represent the WisconsinLaw School in the regional andnational tournaments receive therecord of the case to be argued inthe late summer each year. Thehypothetical trial record is preparedby the Young Lawyers' Committee.In recent years, the cases selectedh a v e all involved constitutionalquestions. In 1969-70, the nationalchampionship team argued a casedealing with student discipline at aprivate university. Recent contro-versy over the records presented hascaused Harvard and the Universityof Chicago to withdraw from thecompetition. Prospective team

IV

members prepare briefs on one sideor the other, which are judged inthe regional and national competi-tions separately from the argument.Intramural competitions determinewhich teams will represent Wiscon-sin at the regional tourney. InitialJy,student competitors prepare onlyone side of the argument.

Teams winning the regional com-petitions then must prepare to ar-gue either side, as assigned in thenational rounds.

Costs to entering schools includemimeographing of briefs before theregional rounds. AIJ participantsread and receive each brief. Re-gional victors have the additionalcosts of printed briefs, as well astravel and other expenses. MootCourt expenses at Wisconsin areborne by grants of Wisconsin LawAlumni Association funds.

The 1970 Wisconsin team wascomposed of Howard Eisenberg andWilliam Lewis, Jr., Madison, andFred Leatherman, Jr., Bethesda,Maryland. Participation in the na-tional rounds is a very exciting ex-perience, according to Mr. Eisen-berg, who represented the LawSchool in 1969 (when Wisconsinwas Champion) and again in 1970.The Chief Judge of the NationalMoot Court is always a U.S. Su-preme Court Justice, and sittingwith him are other Federal Judgesand distinguished members of theBar. Approximately 1000 people at-tend the final arguments. Social oc-casions accompany the arguments,and on the night of the final roundsall participants are entertained atdinner. Prizes to winning teams, towinning briefs and winning indi-viduals are numerous.

The tremendous amount of timerequired to participate in MootCourt probably deters many stu-dents from taking advantage of thisopportunity. A smalJ amount ofacademic credit is given as partialcompensation for the investment.The opportunity to study an area oflaw in depth, and the developing

poise that accompanies growing ex-perience are other irreplaceablecompensations.

Mr. Eisenberg feels that the Le-gal Writing experience is viewed asdrudgery and not as a challenge,and few students choose to continuetheir study of appelJate advocacyafter the Legal Writing course.There should be greater effort toacquaint first year students with thevalues of the Moot Court experi-ence.

There seems, however, to be littlecorrelation between the number ofstudents who enter the intramuralrounds and the success of the teamwhich ultimately represents theschool. Although Wisconsin's intra-mural competition is smalJer thanthat of most other schools, its teamshave performed welJ, and are con-sidered to be among the best everyyear, for their briefs as well as fortheir oral arguments.

For many years Prof. SamuelMermin and Prof. Abner Brodieserved as advisors to the MootCourt competitors. This last year,Prof. Orrin Helstad has replacedProf. Mermin.

HAVE YOU MOVED?

PLEASE LET

US KNOW

WHERE.

GARGOYLE

THE GARGOYLE

Wilber G. Katz

PROFESSOR KATZ RETIRES

The end of the first semesterbrought to a formal close the longand distinguished teaching careerof Professor Wilber Katz, who hasbeen a member of the WisconsinLaw School Faculty since 1962.Professor Katz was graduated fromthe University of Wisconsin in 1923,and earned his law degree and anS.J.D. at Harvard Law School.During his student career, he waselected to Phi Beta Kappa andOrder of Coif. He served as NoteEditor of the Harvard Law Review.

Following several years of privatepractice in the New York firm ofMilbank, Tweed, Buckner & Bal-lantine, he served as a member ofthe University of Chicago LawSchool Faculty from 1930-1961,where he was also Dean from 1939-1950.

Professor Katz has taught Cor-porations for forty years.

Professor Katz has recently beenthe George I. Haight Professor ofLaw, occupying a special chair es-tablished by the friends and ad-mirers of one of the Law School'smost distinguished alumni.

During 1970 he served as a spe-cial hearing examiner for the Uni-versity in numerous student disci-pline cases which grew out of thestudent protest demonstrations inthe spring.

A leading Episcopal layman, Pro-fessor Katz is a nationally-recog-nized expert on church-state rela-tions. During 1970, for example, hisarticle Radiations From ChurchTax Exemption was published inthe Supreme Court Review. Alongwith Harold P. Southerland (Classof 1966), he is the author of anamicus curiae brief in the U.S. Su-preme Court on behalf of theAmerican Council on Education,the Association of American Col-leges, the Association of AmericanUniversities, the National Associa-tion of State Universities and LandGrant Colleges and other groupsin an appeal from a three Judgedecision in the Federal DistrictCourt of Connecticut III a case Ill-

THE GARGOYLE

volving federal aid for non-religiouspurposes to secular and non-denom-inational private colleges.

On the occasion of his retirement,the Gargoyle asked Professor Katzto reflect on his many years in legaleducation, responding to the ques-tion, "Would you do it all overagain?" And he replied:

"If I were starting over, I'd makea radical shift of strategy. I'd scrapmy long held notions of what stu-dents and I should respectively con-tribute to the educational enterpriseand I'd substitute a text for themassive book of "Cases and Ma-terials." Following the lead of col-leagues Foster and Bunn, I'd adopta basic strategy of student self-teaching and assign weekly prob-lems for written reports and discus-sion.

"For many years, my variant ofthe case-statute discussion methodworked fairly well. But it presup-posed a kind of regular, thoughtfulpreparation and class participationwhich too few of today's secondyear students are willing to deliver.Possibly the student slow-down isjustified. Possibly the pre-class read-ing of judicial opinions (often poor-ly written) and statutes (oftenpoorly drafted) is just too frustrat-ing. Possibly class participationmeans opening one's self to Socra-

tizing which is just too humiliating.But it is no certainty that a viablesubstitute for the "case method" canbe found for classes of 50 to 100students.

"A method built around problemsassigned for written reports raisesmany difficulties. The reports mustbe carefully read and their specificinadequacies effectively communi-cated. This kind of communication,whether oral or in writing, I havefound always difficult, and oftenapparently impossible. And the timerequired presents a major hurdle.Perhaps each student might haveonly a third of his papers read andcriticized by the professor and teach-ing assistants might be used for theremainder.

"\Vere I starting over, I would al-so reluctantly yield to the demandthat professors come out from be-hind the Socratic pose of the ignor-ant man. I'd not only express def-inite preferences more frequently,but I'd try to show the "relevance"of Corporation Law by articulatingmore systematically my ethical, eco-nomic, and political convictionsbearing upon the modern corpora-tion and Corporation Law. Perhapsit's just as well that I don't havethe fifth decade. Old dogs seldomteach themselves a new repertoireof tricks."

v

REPORT ON GIFTSTO THE LAW SCHOOL

5,55912,83613,0393,6009,500

44,534

10,9079,608

13,94110,078

44,534

213 Contributors118 Contri butors51 Contributors7 Contributors8 Contributors

ANALYSIS OF ANNUAL GIFTSBY ALUMNI BY CLASS

No. of Total AmountClass Contributors of Contributors1905 1 2,5001907 1 1001909 1 1001910 1 1001912 2 2001914 1 2301917 1 101920 1 1001921 1 1001922 4 7521923 4 1,4001924 2 3001925 5 8871926 3 4101927 4 2351928 3 5501929 5 4001930 8 1,3751931 8 1,0451932 11 7151933 14 2,1351934 9 1,1251935 II 2,5451936 14 9801937 9 1,0001938 6 5851939 7 1,2001940 10 1,5401941 16 1,0301942 8 8851943 2 1001944 2 751945 2 351946 4 2851947 15 1,7481948 13 1,0701949 11 8941950 18 2,0401951 12 1,6351952 15 1,4451953 10 1,0101954 3 3031955 6 7251956 4 1051957 8 3301958 7 1,3001959 8 3401960 4 1401961 6 5101962 8 2,0351963 7 8111964 8 2051965 7 1,0961966 8 6401967 11 295

continued on page 7

THE GARGOYLE

ANALYSI5 OF ANNUAL GIFTSBY ALUMNI BY SIZE OF GIFTS

ANALYSIS OF ANNUAL GIFTSBY ALUMNI BY REGION

Milwaukee 82 ContributorsDane County 61 ContributorsWis. Outside DaneCo. & Milwaukee 133 Contributors

Other States 121 Contributors

0·99100·200200· 499500·9991000 & over

***

+15,000.002,178.00

33,525.00

$1l3,173.32

1,964.50

15,997.86 $ 79,648.32

none2,500.001,025.00

30,000.00

$ 17,328.75 }34,257.2110,100.00

Deferred EndowmentsthroughInsurance Program**

15 studentsat $5,000 (75,000.00)

Total Gifts to WLAAOTHE:RGIFTS

Endowment Gifts toU.W. FoundationSmongeskiDietzeBurlingame

Endowment Giftsto WLAA

GeneralHagenah FundBeuscher FundCleary Fund

February 1, 1970. January 31, 1971Wisconsin Law Alumni Association

Annual GivingLaw School FundGeneralEarmarked

BenchersWLAA Member-ships*

To Regents forLaw SchoolUse

17,178.00

*This represents memberships received Feb-ruary 1, 1970-January 31, 1971. The fig·ure is low because last year most werereceived before January 31, 1970, whilethis year most will be received after Feb-ruary 1, 1971.

**This figure represents the ultimate commit-ment to the Fund, based on $5,000 perparticipant. It does not represent incomereceived.

***The total of these three approximate totalof direct gifts of alumni and non-alumni,not including endowment gifts. For break-down, see analysis below;

+ The Smongeski bequest to the Universityof Wisconsin Foundation, which providessome scholarships and a rotatrng researchprofessorship for the law School, amountedto over $400,000. Exact figures are notnow available.

page 14) which amounted to over$400,000. Income from this estate isearmarked by the Foundation forthe benefit of the Law School.The deferred insurance program,

made available to graduating lawstudents, eventually to be used forthe benefit of the Law School, en-rolled 18 students. Ultimately theircontribution will total $90,000. ($5,-000 each).Following are the results of the

drive: (Detailed analysis of gifts byclass, region, and amounts has slightdiscrepancies, since the bookkeepingsystem was changed during theyear) .

LAW SCHOOL FUND

2nd Annual Report

The second annual report of theLaw School Fund covers contribu-tions received between February 1,1970 and January 31, 1971. Effortsto organize the drive more effective-ly continued through the year. Classagents, appointed by Class AgentsVice-Chairman Robert Curry, ad-dressed letters to their classmatesurging support of the Fund.For the second time, Mr. George

Cleary, Scholarships Vice - Chair-man, solicited funds from alumniwho had received scholarships.Dean Kimball wrote to a group

of potentially large contributors latein the year. All Alumni received afollow-up appeal in December, inthe form of a letter from John S.Lord and Carroll Heft. In addition,all members of the State Bar ofWisconsin received solicitations onbehalf of the Legal Education Op-portunities Program.Dean Kimball, sometimes accom-

panied by other members of theFaculty, attended alumni gather-ings during the year to discuss theLaw School, its promise and prob-lems. These meetings were relatedonly incidentally to the Fund Drive,but nevertheless served as impor-tant alumni contacts and can beconsidered as responsible in part forthe growth of the Law School Fund.They were held at Superior, Ash-land, Eau Claire, Hudson, Minne-apolis, Fennimore, Janesville, Fonddu Lac, Sheboygan, Washington,D.C., Racine, Chicago, and Wis-consin Dells.During 1969, the Law School

Fund and related gifts produced$60,378.69. Not included in that to-tal was an anonymous gift of over$21,000 earmarked for the LegalEducation Opportunities Program.In 1970, on the same basis, exceptthat the total included a comparablelarge endowment gift of $30,000,the proceeds of the Fund totalled$113,173.32.In addition, endowment gifts to

the University of Wisconsin Foun-dation totalled $17,178.00. This to-tal does not include the Smongeskibequest (Gargoyle, Vol. 2, no. 1,

VI

LOST OR STRAYED

A FEW UNIVERSITY OF WISCONSINLAW SCHOOL ALUMNI

'62

ClassLast Known Location

Richard I. Aaron

Name

SIMilAR LISTS Will BE PUBLISHED FROMTIME TO TIME IN THE GARGOYLE.

EDITOR.

Marvin J. Anderson, Oakland, Calif. '42

Frederick Bayer, Buena Park, Calif. '53

Noel D. Bergeron, Chippewa Falls, Wis. '51

Edward G. Chambers, St. Paul, Minn. '46

Matthew M. Corry, Milwaukee, Wis. '46

Thomas M. Cromartie, Chicago, III. '56

George M. DeBruin, Chevy Chase, Md. '54

Joseph W. Denissen, Dayton, Ohio '53

Edmund H. Drager, Jr., Chicago, III. '60

(Ail can be easily identified because theyare distinguished and have the WISCON.SIN LOOK.)

ANY INFORMATION LEADING TO THEWHEREABOUTS OF THE FOLLOWING WILLBE APPRECIATED BY THE GARGOYlE:

Brian ButlerTeaches PropertyAdded to the Law School staff

as Visiting Assistant Professor dur-ing the second semester is BrianButler, who is teaching Property.A native of I-Iibbing, Minnesota, Mr.Butler is a graduate of DartmouthCollege and was awarded his lawdegree at Northwestern in 1968. AHardy Scholar at Northwestern, Mr.Butler was awarded the Lowden-Wigmore Prize for legal research fora comment in the Northwestern LawReview. During his summers in lawschool, Mr. Butler worked as a legalinterne on the General Counsel'sstaff in the Agency for InternationalDevelopment and as a public servicetrainee in the office of Rep. DonaldFraser (D., Minnesota).Since 1968, Mr. Butler has been

associated with the firm of Hale andDorr, Boston. In September, 1971,he will begin work on an SJD in lawand development, under ProfessorRobert Seidman. He and his wifeare the parents of two children.

Brian E. Butler

12, 1970. From left to right areCasey Ireland, Arlington, Va., Pres-ident of the Wisconsin State Soci-ety; Byrnes; Laird; and Jerome O.Hendrickson, Arlington, Va., Pres-ident of the University of Wiscon-sin Law School Alumni Associationof Washington, D. C.

Approximately 150 persons werein attendance on this occasion.

1968 20 6601969 5 501970 15*1971 4* 118

44,534

SPECIAL NOTE

Several alumni did respond tothe Gargoyle's plea for volun-teers to develop a summerclerkship job market. It is ex-pected that the WlAA Boardof Directors will form a com-mittee from these volunteersand set the program in motion.

*1970-all contributors to deferred insuranceprogram.

1971 -3 contributors to deferred insuranceprogram.

Additional gifts-Contributors who are not alumni 17,562

ANNUAL REPORT CON'T.

Representative John W. Byrnes(R-Wise.) is shown above receivingfrom Defense Secretary Melvin R.Laird a framed resolution praisingByrnes for having observed twenty-five years in Congress, at a joint re-ception and dinner of the WisconsinState Society and the University ofWisconsin Law School Alumni As-sociation of Washington, D. C.,held in Washington on December

THE GARGOYLE VII

I L, H I L, E

1. 1952

2. 1920

3. 1892

4. 1885 (Mrs.Belle CaseLaFollette incenter, thefirst womangraduate)

5. 1966

6. 1917

VIII THE GARGOYLE

N ,s LL HE E

THE GARGOYLE IX

Law Graduafes -- Flight and Migration

GEORGE E. CLEARYSCHOLARSHIPS

ESTABLISHED BYCLEARY, GOTTLIEB, STEEN

AND HAMILTON

George E. Cleary

An endowment of $30,000 hasbeen established in the WisconsinLaw Alumni Association by Cleary,Gottlieb, Steen and Hamilton, ofNew York, in honor of the firm'sfounding partner, George E. Cleary,Class of 1914, on the occasion ofthe 25th anniversary of the found-ing of the firm. Mr. Cleary was aformer partner in the well-knownfirm of Root, Clark, Buckner andBallantine. He and three otherRoot, Clark partners establishedCleary, Gottlieb, Steen and Hamil-ton in 1946. Now one of New York'smost distinguished law firms,Cleary, Gottlieb has 120 partnersand associates.

The Fund from which the schol-arships will be awarded is called"The George E. Cleary ScholarshipFund which was established in hishonor by his law partners." Schol-arships will be awarded from the in-come of the Fund, on the basis ofneed and academic achievement.Mr. Cleary's partners state that theFund is open-ended, and that part-ners and others may make individ-ual contributions to it at any time.

Mr. Cleary himself designatedthe use to which the gift made inhis honor was to be put.

*

'*'*

*

'*

'*

'*

Next the Gargoyle will try to findout the answer to the question:where have they been in the mean-time? When we have that informa-tion, we will prepare a brief def.ni-tive work on the Flight and Migra-tion (including the Homing' in-stincts) of the eagle-beak, beady-eyed, Wisconsin Law School Alum-nus,

Here is what we have recentlydiscovered:

produces the larger percentage whoare permanent Wisconsin residentsnow; 2) it may be that the recentgraduates are more mobile thanwere their predecessors. One mustwait five years to compare the pat-terns, since it takes that long fora clear picture of a class's locationto emerge.

It appears that, to the extent thatresidents and non-residents havetraded places, Wisconsin has gained.A larger percentage of non-residentsbecome residents than vice-versa.

****

Class of 1965:

These revelations surprised theGargoyle during a recent check ofthe whereabouts of the 1965 and1966 Law School graduates. Theyseem to contradict the figures pre-sented in the last Gargoyle (Hoto'reYou Going to Keep Them Down onthe Farm? vol. 2, no. 2, p. 9). Thereare a couple of factors which maydistinguish the two groups of stu-dents checked: 1) it may be that acertain number, after service outsideWisconsin as law clerks or soldiersor associates in big city firms eventu-ally come back home to settle.number added to those who settledin Wisconsin from the beginning

35 were non-residents of Wisconsin in 1966.18 are non-residents now.14 are residents now.2 are unknown.1 is deceased.

There were 136 graduates,

104 were residents of Wisconsin in 1965,88 are residents now.15 are non-residents now.1 is unknown.

30 were non-residents of Wisconsin in 1965.24 are non-residents now.6 are residents now.

2 were undetermined in 1965.1 is a resident now.1 is a non-resident now.

Class of 1966:

There were 153

118 were residents of95 are residents now.21 are non-residents now.2 are unknown,

If they were residents of Wiscon-sin when they were Law Students,most of them are residents now, fiveand six years later. If they werenon-residents as students, most ofthem are non-residents now. A sur-prising number of the graduates ofthose years are practicing law inthe same towns in which they grad-uated from high school.

x THE GARGOYLE

THE LIBRARY-BACKBONE OF THE LAW SCHOOLMaurice leon, librarian

A law school without a law li-brary of its own is incongruous to-day, but for many years after itsfounding the University of Wiscon-sin College of Law had only a smalland shabby collection of treatisesit could call its own.

These were the early days whenthe College existed precariously indowntown Madison, sometimes inrented quarters and then in theState Capitol.

In 1874 The Wisconsin Cardinalreported:

The recitations, lectures, courts,etc., [of the Law College] areheld in Gurnee's Block, oppositethe Vilas House, where there is asmall law library belonging to theUniversity of about 150 or 200volumes.The law students could and did

use the State Law Library in theCapitol, but perhaps the real reasonwhy the College had no good li-brary of its own was the completelack of money for one. The schoolrelied entirely upon student fees topay all of its expenses.

In 1893, when the College ofLaw moved into its own "commo-dious" new building half way upthe Hill on the campus and awayfrom downtown, it became crucialfor the school to have its own lawlibrary.

The 1891 legislative act whichfunded the new building also pro-vided for its equipment. This pro-vision and the $1000 that the Legis-lature added for law books in theyears up to and after 1898 gave thelibrary its real start.

By 1905 the new Law Libraryhad as many as 8,000 books, butthis was felt to be inadequate. Inthat year the University Regents setaside $15,000 to build up what wasto be "a working library equal tothat of any law school in the UnitedStates." Then in 1906 the Collegeof Law Bulletin advertised its Li-brary as 14,000 volumes, a tremen-dous increase over the previouslyannounced count.

Ten years later the Law Libraryhad 24,000 volumes; in 1926,

35,000, and by 1938, it had 50,000volumes.

Back in 1906 the College bulletinalso proudly boasted that there wasnow a regular librarian in chargeof the collection. This was Mrs.Sophie M. Briggs, who was to re-main in charge for thirty years.

Although the official descriptionsof the old stone law building con-tinued to speak glowingly of its "ac-comodations," it was not long be-fore its occupants discovered thatthe building was not designed toaccommodate a growing book collec-tion.

The second floor room that wasthe Law Library had built-in shelv-ing around its semi-circular walls.These and a few added free-stand-ing stacks soon proved inadequate,so a balcony was built on one sideand this, too, was quickly filled.

By the time Dean Lloyd Garrisonarrived in 1932, the situation wasalmost impossible. The books spilledout into the corridors, which soonbecame book-lined, and then on in-to faculty offices.

THE GARGOYLE XI

In 1937 Mrs. Briggs retired andan energetic young librarian andlawyer from Milwaukee, Philip G.Marshall, replaced her as Law Li-brarian.

During these depression years thestate had no money to build. TheLaw School was not to be deniedits need, however, faced as it wasby an unceasing inundation ofbooks, and with a loan from the Vi-las Trust to match a federal PWAgrant, a five story library wing wasconstructed on the east side of theLaw School.

Several generations of later lawstudents have reason to rememberthe Vilas Trust loan, for a ten dol-lar special library fee had to beadded to law tuition to repay it. Itwas not until the 1960's that themoney was repaid and the extracharge abolished.

Once the building was ready, thewhole Law School pitched in tomove the books on a Saturday mov-ing bee in the winter of 1939. Thecrowd was led by the Dean in oldclothes and rubber sneakers. Seven-

XII

ty-one-year-old "Herbie" Page wasthere as well as over two hundredlaw students and their dates. In thatone day 40,000 books were moved.

The new library wing was morethan a mere book storage area tothe School. It had what everyonethought was a most adequate read-ing room of 150 seats. It had a BurrJones Room furnished with WPAhandicrafted lounge furniture andintended for use as a recreationalreading area.

Not the least of its attractions wasa Ladies' Lounge, something com-pletely lacking in the old building.

Access to the stacks was limitedto faculty and Law Review editors.Since there were several faculty of-fices on the fourth level, admissionto this area was through a door thatcould be unlocked only by a loudlybuzzing device that aroused every-one on the floor.

With new quarters and new en-thusiasm, the Law Library addeda full-time cataloger and started re-cataloging its treatise collection. Atthe instigation of the librarian thelibrary became the principal recip-

ient of a flood of federal documentsfrom the Government Printing Of-fice.

In 1941, a scaffolding wasstretched across the north end ofthe reading room and artist-in-res-idence, John Steuart Curry, sat orwalked on it while painting hisgiant mural "The Freeing of theSlaves." Underneath, surroundedand enfolded by painter's dropcloths, the circulation and reservedesk attendants carried on businessas usual. Funds for this spectacularpainting were donated in honor ofJudge Augustus Backus of Milwau-kee.

Suddenly the country was inWorld War II and the draft de-pleted the student body. The librarystaff left to take war-connected jobs.When Miss Verna E. Baertschy ar-rived to become acting librarian, afew students were running the shop.

After the war ended, Mr. Mar-shall went into the practice of lawand Miss Baertschy became theLaw Librarian. The library resumedits pre-war activities with the returnof the veterans and the rejuvena-

THE GARGOYLE

tion of the Law School.

However, as the law student pop-ulation of returned veteransclimbed to 800, it became obviousthat something -more was neededin the way of space for studying andresearch. In addition, that old bug-aboo of librarians became evidentin the stacks. Where was the librarygoing to put all the books? Thestacks built to accommodate over100,000 volumes were beginning toget crowded.

In the more affluent years of the1950's, money was made availableso that a new large wing was at-tached to the south end of the now"old" library in 1961.

Potential book capacity was nowtripled. The Law Library became"open" to student use and all levelscould be utilized for studying andresearch. Twenty-two enclosed car-rels were built along the walls; thenew building also included a num-ber of offices. Throughout the addi-tion, over three hundred new studyspaces for students became avail-

able, though many will eventuallybe replaced by stacks.

The library staff had scarcelytime to move into its own newquarters in the addition before theold Law School was demolishedand the faculty and staff moved in-to the library until a new school wasbuilt.

The new basement was dividedbetween the Dean's administrativeoffices and the student lounge andlocker facilities. Every available of-fice as well as two typing rooms be-came faculty offices. The secondfloor study space was used for tem-porary offices.

A few classes were even held inthe old reading room behind asound-proof curtain. It was a com-pliment to the construction of theold reading room that sound car-ried so badly there that a temporarypublic address system was needed toenable the students in the back tohear the instructor.

It was only after the Law Schoolfaculty and staff moved into thenew Law Building in 1965 that the

library was able to utilize many ofits facilities for student and re-search use. The former home of theadministrative staff in the librarybasement became the offices of theWisconsin Law Review. The typingrooms were reinstated. A long rangewater law project of the U.S. De-partment of Agriculture moved in.

A new degree program, Masterin Legal Institutions, brought a con-tinuing occupancy of research car-rels and offices by foreign graduatestudents and scholars.

Within the last year the old BurrJones Room, its former function re-placed by other facilities, becamefive new offices. Here are presentlylodged the various shifts from theUniversity of San Marcos in Lima,Peru, engaged in a Ford Founda-tion sponsored project to adapt thelegal education system of the UnitedStates for use in Peru.

New programs in the LawSchool as well as other factors be-yond the control of the library be-gan to have other noticeable effectsupon us. It had been obvious for

THE GARGOYLE XIII

Gloria Hob, Circulation Librarian and Maurice D. leon, librarian

years that legal research of law-in-action was no longer exclusivelylimited to traditional legal materi-als. The library began to acquire re-lated materials in economics, soci-ology, psychology, government andbusiness.

A strong but narrow interest inforeign law was developed by twospecialists on the law faculty. Tohandle the carefully controlled ac-quisition program, a Foreign LawLibrarian was added. She is nowcataloging much of this materialand foreign law titles are now rep-resented in both the Law Libraryand in Memorial Library's Unioncatalog.

An increased student body andan expanding development of sem-inars brought increased pressuresfor not only more kinds of booksbut for more copies of importantreporters and law reviews. Newareas of legal education and re-search have been developed in thefields of criminal justice, poverty,environmental law as well as inother aspects of federal, state andlocal administration.

Financial aid from the Wiscon-sin Council on Criminal Justice cre-ated a Criminal Justice Referenceand Information Center in thebasement of the Law Library.Manned by its own personnel, theCenter has the task of collectingthe multifarious and highly fugitivematerial in the field, and indexingit so that it can be found and usedby both the School's researchersand law enforcement personnelthroughout the state. A large bibli-ography and supplement, listing bysubjects the available pamphlets,periodicals, books and documents inthe Center, was compiled and dis-tributed to. interested officials andagencies throughout the state.

The most exciting current subjectarea today is the ballooning field ofenvironmental law. Through Exten-sion Law and cooperating facultywe were able to hire in 1970 a halftime Environmental Law Librarianto ride herd on the outpouring oflegal and related materials in thisfield and spot those items most use-ful for our faculty and students.

In August of 1969 Miss VernaBaertschy retired as Law Librarian.

XIV

Her place was taken by MauriceLeon, Associate Librarian since1956.

While the latter developmentsand changes occured, the Librarymoved quietly into a methodolog-ical change that will have permanenteffect upon its collection.

Although large legal librariescame into existence and expandedin the last one hundred years, noall-subject classification scheme de-vised ever provided an adequatecoverage for law. After intensiveprodding by law librarians, the Li-brary of Congress finally began a"Law" schedule in 1968. The U.W.Law Library immediately adoptedthe plan.

This means that within severalyears every book in our entiretreatise collection will have its ownnew call number which will locatesimilar subjects together on theshelves. The retrospective catalog-ing of the Library of Congress hasaided enormously, making it possi-ble for us to reclassify titles at aminimum of cost and time.

The Law Library is also slowlyand carefully inching its way intothe use of micro-reproduction. Careis required because technologicaldevelopments radically changeprocesses and machines every fewyears.

Before World War II the 35 mm.roll film was standard for reducingand storing information. Thencame opaque microcards and mi-croprint using various sized cardsand much smaller reductions. To-day cameras are busy putting up to1000 pages of books on small sheetsof film, microfiche, from whichhard copy can be reproduced. Weknow, however, that lawyers andstudents continue to have a strongbias in favor of solid, full-sizedbooks that can be spread out infront of them on a table.

Yet, with the continued prolifer-tion of print and near-print, theproblem of both accessibility andstorage will weigh more and moretowards buying the little used itemsin microreproduction or storing thenow out-dated cases and documentsin similar form in filing cases. Mod.ern print-out machines that pro-duce hard copy of microreproducedmaterial are on the market. Smalllap-size viewers with glare lessscreens are also available.

Libraries must consider how of-ten they can ask for more and moremoney to build larger and largerbuildings to house books. A favoritestatistic used in the library world isthat research libraries double theirholdings every fifteen to twentyyears. The U.W. Law Library,though a relatively small library

THe GARGOYLE

among rnajor law schools, now has131,000 accessioned volumes andthousands of additional unboundand uncounted documents.

A Law School Library such asours is a service facility. Space forbooks competes with space forstudying, research, typing, leisurereading, conferences, bull sessions,job interviews, faculty and researchoffices, carrels and seminars. Therewill come a time when many lesser-used books will have to be reducedin size because the life-sized copywill be an expensive luxury.

The most vexing and constantproblem facing the Law Libraryover the last years has been its bookbudget. Although the University ofWisconsin Law School has the sec-ond largest enrollment among theBig Ten Law Schools, it stands atthe bottom in money spent for lawbooks whether in total or perstudent.

In 1969 our actual expendituresfor Law Library books was $103per full time student. The next low-est expenditure per law student wasby Illinois with $157. Ohio Statespent the most, $261 per law stu-dent.

In recent years, the Law Libraryhas been caught in the inflation-ary spiral. Its book budget has re-mained constant for about sevenyears, while law book prices haverisen about 50% and are reportedby the Association of Law Librariesto be continuing to rise at 10%per year.

The library must preserve andcontain the useful past record of thelaw and must be able to obtain cur-rent works describing the operationof the law today. If legal researchmust, in Dean Oliver Rundell'swords, be ... "very largely thinkingin terms of the more or less indef-inite future," the Library must beguided by faculty discernment aswell as budgetary restrictions. Newsubject areas, old subjects revisited,changes in Library technology, aswell as new methods of servicingour patrons, will all play their rolein the future of the Law Library.

THE GARGOYLE

Save The Day"

Saturday, May 1f 1971law School's AnnualSPRING PROGRAM

9:00 A.M.-MOOT COURT FINAL ARGUMENTSWISCONSIN SUPREME COURT

9:00 A.M.-WLAA BOARD OF DIRECTORSAND BOARD OF VISITORS

11:45 A.M.-ALUMNI LUNCHEON AND CLASS REUNIONSClasses of: 1921, 1926, 1931, 1936,1941, 1946, 1951,1956, 1961, 1966.

Special Reunion Classes: 1931, 1946.Distinguished Faculty and Alumni Awards,Wisconsin Center.

4:00 P.M.-AWARDS PRESENTATION ANDRECEPTION FOR AWARD WINNERS

Room 225, Law School

6:00 P,M.--COCKTAIL PARTIES, HOLIDAY INN #2

7: 30 P.M.-DINNER DANCE, HOLIDAY INN #2

ALL STUDENTS, ALU.MNI AND GUESTS

WelCOMEMAKE RESERVATIONS FOR

LUNCH AND DINNER, ROOM 209

LAW SCHOOL

JOIN THE vVISCONSIN LAW ALUMNI ASSOCIATION

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