• Abortion Reform

      Richard D. Lamm; Steven G. Davison (1971-01-01)
      All societies have faced the problem of unwanted pregnancy. A recipe for inducing an abortion has been attributed to the Chinese Emperor Shen Nung, who reigned in the 27th century B.C. Egyptian papyri containing information both on birth control and abortion have been found. Views on abortion, however, have varied both between cultures and within the same culture. The Hippocratic oath, which states, "I will not give to a woman an abortive remedy," did not reflect contemporary Greek attitudes, but was derived from the views of Pythagoreans, a minority within the Greek culture. Plato suggested abortion as a method for maintaining the stability of population in his ideal state, _and Aristotle felt that abortion "before she felt life" was the solution when a woman "had the prescribed number of children."
    • Universities and the Police: Force and Freedom on the Campus

      Donald Goodman; Arthur Niederhoffer (1971-01-01)
      In the beginning the student attacks the university. In the end he demands amnesty. He does so because his target, the bureaucratic multiversity, remains underneath it all alma mater-protector as well as enemy; source of rights, privileges and immunities as well as oppressor. Traditionally, in America, the relation of the university to its students has been in loco parentis. Has its heritage transformed the university into a sanctuary that confers immunities and exemptions, or at least protection from sanctions upon the academic community? Are tht: students wrong in expecting freedom from police interference? When the police penetrate the campus, are they comparable to an invading army? A limited right of sanctuary emerged in the medieval universities of Bologna, Paris, and Oxford as a concession wrested from the civil authorities by militant contingents of scholars from many lands, various classes, and divergent cultures. In Bologna, lacking civil rights and consigned to second-class status, they banded together for protection in guilds and "nations." At last, victors in armed clashes with the townspeople, swift to resort to the threat of a strike or an economic boycott, they acquired substantial power within the university and over the city as well.
    • Rent Strikes and the Law: The Ann Arbor Experience

      Stuart Katz (1971-01-01)
      A rent strike, if taken seriously by its proponents and not used solely to attract the attention of sympathetic politicos, can be an extremely powerful weapon. It is a strategy of economic pressure, forcing landlords to accede to specific demands through the only language they understand: the loss of profits and the inability to meet financial commitments. Since January, 1969, tenants in Ann Arbor, Michigan, have, through the Ann Arbor Tenants Union, been conducting a rent strike against several major private property owners and managers. The strike is one of the largest ever organized in the United States-at one point last spring, 1200 strikers had paid more than $140,000 into an escrow fund. The role that law played in the strike is one of the important, and perhaps unique, contributions that the Ann Arbor experience has made io the fast-growing tenants' rights movement and to other major social reform movements as well. My purpose here is to explore that role.
    • Feeding the Poor

      Michael Walsh (1971-01-01)
      We know something today in America that many of us would have vehemently denied several years ago: a large number of Americans are hungry and malnourished. Furthermore, that number is far greater than the number of individuals presently receiving assistance under federal food distribution programs. We also know that closing the "gap" between those who need assistance and those who presently receive it is a difficult task. Even though public awareness of the problem has increased in the last two years, the number of Americans who benefit from Federal food programs has increased but slightly, from 4.8 million in 1966 to 6.4 million in February of 1969.
    • Rent Strikes and the Law: The Limitations of the Ann Arbor Experience

      Myron Moskovitz (1971-01-01)
      The experience of the Ann Arbor rent strikers, as revealed by the preceding article, should be noted with interest by tenant union organizers throughout the country. These tactical uses of the law can stimulate local organizers to think of new ways to use the law to further their efforts in their own communities. It is important to examine, however, factors peculiar to the Ann Arbor situation that tend to make those tactics less universally applicable than might be expected. These peculiarities should be especially important to organizers of low-income tenant organizations in slum neighborhoods. First, the Ann Arbor rent strikers were mostly middle-class college students. This accounts for one of the strongest weapons of the ·strikers, their masses.
    • Jamestown Seventy

      James F. Blumstein; James Phelan (1971-01-01)
      Today, the United States faces nearly insurmountable problems that present structures, institutions and philosophies do not seem able to correct. We find starvation amidst plenty, deeply entrenched racism, rampant technology that threatens man's very existence, alienation not only among more and more young people but also among blue-collar and white-collar workers, an educational system that is a failure, a military industrial complex that is all-powerful and a gigantic bureaucratic government that can no longer be controlled by ordinary people. The short answer to all this-Revolution-is impossible when armed revolt by the citizenry-atlarge would inevitably be put down by the military might at the disposal of those in control. We see the best way out in rededicating this nation to its heritage: re-opening the frontier, where alienated or "deviant" members of society can go to live by their new ideas; providing a living laboratory for social experiment through Radical Federalism; and restoring effective political communication in a multimedia society.
    • How the Law School Fails: A Polemic

      Duncan Kennedy (1971-01-01)
      To the committed empiricist, the pages which follow will seem no more credible than a child's tortured dream. Yet even the committed empirist must recognize that for the time being at least there are areas inaccessible to him, areas where what passes for knowledge must be no more than a network of intuitions and theories dimly grasped. The current "malaise" at the Law School is a subject which lies in such an area. Faculty and student body seem equally affected, but neither seems able to express its feelings in any way except indirectly, in moments of bitterness or disillusionment, in lethargy or a febrile verbalism. It is perhaps because of this elusive quality of the subject that I find myself unable to approach it in any other tone than that of moral exhortation.
    • Can the Law School Succeed? A Proposal

      Robert Borosage (1971-01-01)
      The crisis of the university has finally affected the law school. Its symptoms are evident to all: the growing disaffection among students with traditional teaching methods; the increasing ambivalence of younger faculty and students about the value of studying the law; the spreading boredom in law classes; the escalating protests by students over school issues. To comprehend the sources of the problems, it is necessary to view the law school in its societal context. Law schools have served a definite channeling function in society. Their role has been to train "legal professionals," preparing students for entrance into the corporate law firm and the managerial elite. Nothing better illustrates the bankruptcy of legal education than the pride with which the law school has accepted such an inherently limited role.
    • Lawyers and Revolutionaries: Notes from the National Conference on Political Justice

      Kas Kalba; Jay Beste (1971-01-01)
      The trial of the Conspiracy 8-later-7 has opened a Pandora's box of questions about the American judicial system. Some of these questions concern the revolutionary forces in America. But others strike directly at our thinking about the courts. Where, for example, does the young lawyer, steeped in the tradition of Brown v. Board of Education.fit into the iconoclastic cultural revolution that is occurring around him? Can he cling to notions like legal aid to the poor, school desegregation and civil liberties while the courtroom is being transformed into guerrilla theater? Or, will the radical defendant allow himself to be defended by organizations such as the American Civil Liberties Union? Have his protests gone beyond traditional questions about rights? As Dwight MacDonald notes in the introduction to The Tales of Hoffman, an edited version of the Chicago trial transcript, "In the new style radical courtroom tactics, either the lawyers share the alienation and often the hair style of their clients, or there are no lawyers." The following report on the National Conference on Political Justice, held from March 19 to 21, 1970, may help us to understand some of the legal and emotional issues involved. The conference was held at the University of Pennsylvania, an institution that prides itself on not having undergone any violent student disturbances. But for the most part, the speakers assembled at the University brought to its halls a verbal turbulence that is probably without precedent in the school's lengthy history. Moreover, recent events in Bel Air, Maryland and elsewhere fueled the rhetorical heat of the speeches and gave the conference the air of a minor historical happening.
    • Did You Have a Lawyer When You Went to Court? No, I Had a Public Defender.

      The research reported here was conducted during the winter of 1970-71 in Connecticut and involved seventy two interviews with men charged with felonies. Forty nine of the respondents were inmates in the state prison or in a reformatory for youthful offenders; the remaining twenty-three were not incarcerated, but were on probation or had received dismissals or acquittals. Approximately two-thirds of the men had been represented by Public Defenders; the remainder had been represented either by private attorneys or by a legal services organization in one Connecticut city. The material presented here is excerpted from lengthy interviews with these men (averaging about two hours) which explored their attitudes toward the criminal law and the institutions of criminal justice, with special attention to the plea-bargaining process. The Institute of Law Enforcement and Criminal Justice of the Law Enforcement Assistance Administration and the Social Science Research Council provided financial support for this study. Neither is in any way responsible for nor endorses the arguments advanced here.
    • Juvenile Justice and the Rehabilitative Ideal: A Response to Mr. Stapleton

      Stephen Wizner (1971-01-01)
      In the typical juvenile delinquency case, a child is arrested by a policeman for the alleged commission of a criminal act; taken to a police station where he is interrogated by the arresting officer and others who attempt to extract a confession from him; brought before a judge; accused of committing a crime; prosecuted, and, if found guilty, sentenced to prison or probation. Labeling such a process "civil" rather than "criminal," and asserting that its purpose is the rehabilitation rather than the punishment, deterrence and incapacitation of offenders, does not alter the reality of what happens to the child. A "finding" is a verdict, "involved" means guilty, an "act which if done by an adult would be a crime" is a crime, a "disposition" is a sentence, and a "training school" is a prison.
    • Gault and the "Experimenting Society": A Response to Mr. Stapleton

      Lee E. Teitelbaum (1971-01-01)
      In re Gault was the Supreme Court's initial foray into what Mr. Justice Fortas called "a peculiar system for juveniles, unknown to our law in any comparable context" -the juvenile courts. With becoming modesty, the Court limited its inquiry to one portion of juvenile proceedings, the adjudicatory stage, and passed on only certain aspects of that stage. Starting with the undisputed proposition that the due process clause has "a role to play" in evaluating the juvenile justice system, the Court saw the problem as one of ascertaining the "precise impact" of that requirement on the trial of delinquency cases. Surely, no one doubts that the Gault decision was "constitutional" in nature. And Mr. Stapleton would be the first to point out that the Court could not have rendered a "sociological" decision-if, indeed, such an animal exists. On the other hand, the Court did take account of certain social science materials6 in determining the "precise impact" of the due process clause on delinquency cases. And the importance of these materials and correlatively, of the way in which they were evaluated depends, in large part, on the exact principle upon which the Court based its decision.
    • Pre-Hearing Detention of Youthful Offenders: No Place to Go

      "It is all very well for you to say that you came of unhealthy parents, and had a severe accident in your childhood which permanently undermined your constitution; ... You may say that it is not your fault. The answer is ready enough at hand, and it amounts to this-that if you had been born of healthy and well-todo parents, and had been well taken care of when you were a child, you would never have offended against the laws of your country, nor found yourself in your present disgraceful position. If you tell me you had no hand in your percentage and education, and that it is therefore unjust to lay these things to your charge I answer that whether your being in a consumption is your fault or not, it is a fault in you, and it is my duty to see that against such faults as this the commonwealth shall be protected. You may say that is your misfortune to be criminal; I answer that it is your crime to be unfortunate.''
    • Presumed Guilty: The Pre-Trial Detainee

      The "New Haven Jail", as New Haven's Correctional Center was known in the past, was built in part in 1851.1 The "new" wing of the jail was floated up from SingSing in 1896 when it was declared obsolete in that institution. Legislative commissions constituted in 1932, 1934, 1936 and 1938 decried the inadequacy of the facility and called for the construction of a new plant. But conditions in the jail have remained substantially the same for the last fifty years. There are a total of 300 cells, each about 5' x 8'. Since there are no plumbing facilities in the cells, buckets are used to serve the sanitary needs of the entire population. A few toilets and showers exist at the end of each cell block and are available to inmates when the cells are unlocked. The furniture in each cell consists of an iron cot and the cell bucket. The cells are built in tiers of three. Each cell block has a day room connected to it, with benches, tables and a TV set. Most of the inmates crowd into these day rooms 10:30-11 :30, 1:00-3:50 and 4:45-10:00, their only "free" time. The ·rooms strike the outside observer as grotesque: they are filled with a few card-players, rows of humans of every description lining the walls staring sightlessly into the center of the room and a constant babble of voices cut through by the booming tones of a TV set whose unwinking white eye is always open.
    • Proxies for People: A Vehicle for Involvement

      No Listed Author (1971-01-01)
      Question: What prompted you to start your new organization, Proxies for People, and how will it work? Alinsky: I started thinking about corporate responsibility as an arena for action during my proxy fight with Kodak some years ago. I began to see the political power of proxies when a convention of Unitarians voted to send their Kodak proxies to us-I knew that the instant it hit the newswires, every Senator and Congressman in Washington would turn to his research director and ask, 'How many Unitarians have I got in my district?' and then call Unitarian leaders to ask, 'What can I do for you?'
    • The Contract Buyers League: A View from the Inside

      John R. MacNamara (1971-01-01)
      On June I, 1967, 12 college students and two Jesuit seminarians moved into two apartments in Lawndale, a black ghetto on Chicago's West Side. Their project was planned to last only for the summer. It resulted from the seminarians' previous part-time work in the area, and the students' desire to contribute actively to the solution of the human problems which result from two closely related forces-poverty and race. No one knew what form constructive assistance might take or even whether progress was possible. The urgency of the problems, not the evidence of solutions, was the driving force. There were certain guidelines which the participants set out. The first was that there should be no preconceived ideas regarding what needed to be done. The participants felt these problems continued to exist because all too many people would just sit in offices or on college campuses and theorize about the ghetto's needs or, at the most, move in and impose solutions and programs on the community. They realized that all action must arise from the needs of the particular community involved.
    • Political Trials

      Thomas Emerson (1971-01-01)
      What is a political trial? There have not been many attempts to explain or define the concept. By far the best treatment of the subject is by Otto Kirchheimer in a book titled Political Justice. Yet even Kirchheimer is not entirely clear about what a political trial is: he defines it as a judicial trial which is directly involved with the struggle for political power. That is rather vague. Several weeks ago, Justice Douglas, in a concurring opinion, referred to political trials-one of the first justices ever to mention the term-but he did not explain what they were. Instead, he gave five examples from American history of what he considered to be political trials. Those were: the Haymarket trial; the Debs trial in connecticut with the Pullman strike; the Mooney-Billings case; the Sacco-Vanzetti trial; and the Smith Act prosecution of Dennis. I think that we would probably all agree that those were political trials. Let me, however, go a little beyond the examples and indicate some of the situations in which a political trial occurs.
    • Exclusionary Zoning

      Paul Davidoff; Neil Newton Gold (1971-01-01)
      Present efforts to solve the "urban crisis" tend to restrict solutions to inner-city poverty and ghetto areas. These ghetto and poverty areas have been the locus of nearly all the research and action programs undertaken by both public agencies and private non-profit groups as part of the war on poverty. Job programs have concentrated on finding employment opportunities for ghetto youths in declining areas. Industrial development programs have concentrated on bringing industry into the ghettos. Housing programs have tried to rehabilitate obsolete slum apartments or "renew" ghetto neighborhoods. The Model Cities program-which was aimed at improving the lives of the urban poor-has tended to restrict chances for such improvements to Model Cities areas. These programs all share an underlying strategy which is based on a false assumption: because the problems of race and poverty are found in the ghettos of urban America, the solutions to these problems must also be found there. These ghetto-oriented programs largely ignore the geographic distribution of resources throughout metropolitan regions. The resources needed to solve the urban poverty problem-land, money and jobs-are presently in scarce supply in the inner-city areas. They exist in substantial supply in suburban areas, but they are not being utilized to solve inner-city problems or combat poverty and discrimination. As a result, ghetto residents are denied the income gains and improvements in housing quality that would result from freer access to suburban jobs and land.
    • A Proposal for Political Marketing

      Charles Hampden-Turner (1971-01-01)
      Political marketing offers a new way of assisting the economic development of poor communities and of creating opportunities for integrating political values with daily activities. Central to the concept of political marketing is the belief that the considerable purchasing power and growing political consciousness of liberals and radicals in America can be harnessed to assist in the generation of economic well-being for the poor. Community development corporations represent an attempt to create independent institutions-owned and operated by residents of urban and rural poor communities- for stimulating the economic and social development of the poor. The strategy of political marketing is to urge liberal and radical consumers to provide a guaranteed market for the products and services of community development corporations. Consumer marketing organizations-C.M.O.'s-formed by the consumers would serve as vehicles for consumer expression and thus as a source of guidance to the community development corporations-C .D .C.'s-about their primary market. Through the C.M.O.'s and acts of "political" consumption, the consumers would be provided with new avenues for political expression and for making political values more relevant to their lives.
    • Models of Legal Practice Which Enrich the Soul: A Discussion with Four Activist Lawyers

      Zerkin: Ned, how is the Lawyers' Committee for Civil Rights Under Law attempting to provide legal services for the poor? Wolf : The Lawyers' Committee was founded by two leading representatives of the establishment bar-Bernard G. Segal, now the President of the American Bar Association, and Harrison Tweed-at the request of President Kennedy. Its initial task was to fulfill a traditional charitable lawyer's role. For the first five years, the Lawyers' Committee sent lawyers to represent blacks and civil rights workers in the South.