LH 21 | Post-war Lawyering

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LH 21 | Post-war Lawyering

  1. 1. Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />
  2. 2. Post-war Lawyering, 1945-1960<br />
  3. 3. Lawyers and the new world order<br />
  4. 4. Green Hackworth and the ICJ<br />
  5. 5. Drafting Japan’s constitution<br />
  6. 6. Charles Kades<br />
  7. 7. Heading stateside<br />
  8. 8. A lawyering boom<br />
  9. 9. 1940 179,567<br />1948 169,489<br />1950 212,605<br />1951 221,605<br />1954 241,514<br />1957 262,320<br />1960 285,933<br />More lawyers<br />
  10. 10. Solo practitioner Partner<br />1947 $4,194 $10,497<br />1957 $6,550 $16,480<br />More income<br />
  11. 11. Big firms<br />
  12. 12. Big firms<br />
  13. 13. Jewish firms<br />
  14. 14. Legal aid… <br />
  15. 15. …or “socialized law”?<br />
  16. 16. More law students<br />
  17. 17. New educational requirements<br />
  18. 18. Night schools in eclipse<br />
  19. 19. Fall of the House of Archer<br />
  20. 20. Suffolk under siege<br />
  21. 21. Archer ostracized<br />
  22. 22. Suffolk accredited<br />
  23. 23. Birth of the LSAT<br />
  24. 24. The dark side<br />
  25. 25. The Cold War<br />
  26. 26. Anti-communism<br />
  27. 27. Anti-communist lawyers<br />
  28. 28. Tom Clark<br />
  29. 29. Herbert Brownell<br />
  30. 30. Joseph McCarthy<br />
  31. 31. A target<br />
  32. 32. Philip Jessup<br />
  33. 33. Anti-communist judges<br />
  34. 34. Judge Musmanno, Court of Common Pleas, Allegheny County: ―Before we proceed in this case, I want to interrogate, and my duties require that I interrogate, counsel for the plaintiff. . . . Hymen Schlesinger, have you ever been a member of the Communist Party . . . Are you a member of the Civil Rights Congress . . . Did you or did you not form the Civil Rights Congress, which is a communist Front Organization, in your office—the Civil Rights Congress which is a part of the movement to overthrow the Government of the United States by force and violence?<br /> <br />Attorney Schlesinger refused to answer these questions. <br /> <br />Judge Musmanno: ―We have formally adjudged you unfit to try a case in this Court as of today, morally unfit. You do not possess an allegiance to the United States. <br />
  35. 35. Bar associations divided<br />
  36. 36. The ABA and loyalty oaths<br />
  37. 37. [W]ithin a reasonable time and periodically thereafter, to file an<br />affidavit stating whether he is or ever has been a member of the<br />Communist party, or affiliated therewith, and stating also whether he<br />is or ever has been a member or supporter of any organization that<br />espouses the overthrow, by force or by any illegal or unconstitutional<br />means, of the United States Government, or the government of any<br />of the states or territories of the United States; and in the event such<br />affidavit reveals that he is or ever has been a member of said<br />Communist Party, or of any such organization, that the appropriate<br />authority promptly and thoroughly investigate the activities and<br />conduct of said member of the Bar to determine his fitness for<br />continuance as an attorney.<br />- Proceedings of the ABA House of Delegates, 1950<br />The ABA called on lawyers…<br />
  38. 38. The National Lawyers Guild attacked<br />
  39. 39. The NLG and HUAC<br />
  40. 40.
  41. 41. The gutting of the Guild<br />
  42. 42. Opposition within the ABA<br />
  43. 43. “The black silence of fear”<br />
  44. 44. “Fear has driven more and more men and women in all walks of life either to silence or to the folds of the orthodox. Fear has mounted: fear of losing one's job, fear of being investigated, fear of being pilloried. This fear has stereotyped our thinking, narrowed the range of free public discussion, and driven many thoughtful people to despair. This fear has even entered universities, great citadels of our spiritual strength, and corrupted them. We have the spectacle of university officials lending themselves to one of the worst witch-hunts we have seen since early days.”<br />
  45. 45. The Army-McCarthy hearings<br />
  46. 46. Joseph Welch<br />
  47. 47. Beginning of the end<br />
  48. 48. Beginning of the end<br />
  49. 49. Civil rights and race<br />
  50. 50. The Warren Court<br />
  51. 51. Retreat <br />
  52. 52. The ABA and Warren<br />
  53. 53. Another critic<br />
  54. 54. The profession and power<br />
  55. 55. What circumstances encouraged the development of the LSAT after World War II?<br />How did big firm lawyering change in the late 1940s and 1950s?<br />Why did Archer’s vision of Suffolk finally collapse after World War II?<br />Why did the established bar become so vigorously anti-Communist in the early Cold War era, and why did it ultimately backtrack?<br />Review questions<br />
  56. 56. Tomorrow…Lawyering in the Great Society!<br />
  57. 57. Post-war Lawyering, 1945-1960<br />
  58. 58. Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />

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