Law School of Harvard University

Cambridge 38, Mass.

11 June 1959

Memorandum to: Dr. Henry A. Kissinger
Dr. Harry H. Ransom

At the Air Force Academy the Department of Political Science has prepared three volumes of readings for their Defense Policy Course. The majority of these readings comprise our own stuff. Since the readings are printed they are easier on the eyes than our mimeographed material; furthermore, the Air Force Academy's stuff contains many items which we have not reproduced.

I believe that these readings will be revised this summer and autumn, for use in the Defense Policy Course beginning next February.

I would bet that the Air Force Academy would let us have seventy-five copies of the present readings, and I would be sure that we could get seventy-five copies of the new readings, since they could program their press run to accommodate our needs. They might raise an objection on the ground that they had received permission to print solely for government purposes, but if this objection is raised, I suggest that you turn it over to me for handling.

In view of their heavy reliance upon us, I should think we could rely on them to this extent, and it might save our students some money and our reproduction facilities some difficulties.

W. BARTON LEACH

WBL:has

LAW SCHOOL
MEMORANDUM

From WBL
To HK

8 August 1959

"For info"

22 September 1959

Dear Henry,

I am sure that Harry Ransom has called to your attention the great pressure of applicants for the Defense Policy Seminar. It seems quite clear that we could operate two Seminars with fully qualified students if we had the resources in manpower to give them. In a word you are becoming a victim of your own success. Some of the military officers in the Business School are really putting up a squawk, and it may be well that some of them will complain to their services in Washington. They feel that it does not seem right that the government should send them here, paying full tuition in addition to their pay and allowances, and then that Harvard should exclude them from a course of a military nature that they particularly want to take. I confess that I have no clear answer to this position.

At the Law School we have had a similar problem in relation to the course on Trial Practice. This was originally given as a single Seminar. Then it became necessary to add another section. Then under student pressure we had to import two Boston lawyers to give two more sections. And still the demand increases. But the point is we did increase the faculty manpower, at substantial expense, to meet the student demand.

It rather seems to me that you should make this situation clear to Don Price so that, if the capacity of the DSP to meet the student demand is not increased, it will at least be a conscious administrative decision since the administration of course will have to take the brunt of any pressure or complaints that may arise out of this situation.

WBL:has

Dr. Henry A. Kissinger
Director, Harvard Defense Studies Program
6 Divinity Avenue

HARVARD DEFENSE STUDIES PROGRAM

*Memorandum*

FROM: Kissinger, (via A.P.)

To: Leach

Attached is copy of my last
letter to Norstad.

Do you know - or can you find
out - anything of Norstad's plans?

24 September 1959 - Leach to Kissinger

I know nothing of Norstad's plans. He will
get around to answering your letter in due
time. But bear in mind that he has been
marrying off his daughter (Sept. 17th) and
that this is an exhausting and time-con-
suming business. He also has a few pre-
occupations at SHAPE.

I suggested to Harry that you get in touch
with Hal Harding at Ohio State and see
whether he has any word, since our
Session is tying in with his.

WBL

WBL:has

24 September 1959

Dear Henry,

You will recall that we explored the possi-
bility of bringing Monty here for a week or two but
(a) we would have to wait for money and (b) Monty
didn't feel that he could come to this country in view
of the feud with Ike. Item (b) now seems to have been
eliminated as a result of the dinner of old comrades in
London. If item (a) can be taken care of, I should be
glad to reopen the issue with Monty.

WBL:has

Cambridge 38, Mass.

25 September 1959

Dear Henry,

The 35th Reunion of my Law School Class begins on Friday, October 16. The Class includes Secretary Douglas of the Air Force and former Secretary John L. Sullivan of the Navy. They both attended the 25th Reunion, and it is a fair bet that they will attend this one. I would guess that I could get them to give a joint seminar on Friday at 4 if you should wish it. At least I could try.

Would you like to get General Power of SAC? He is a close friend of mine and I have been doing some work for him which puts him slightly in my debt. Incidentally, he is extremely articulate and would doubtless discuss, not only the problem of SAC as a military force, but the extraordinary personnel problems faced by SAC and other units.

Another possibility is Major General Glen W. Martin who is Deputy Director of Plans of the Air Force. Martin is the prototype of the brilliant young General and would be extremely good.

I do not want to slug you with Air Force people, but you might like to choose from the above. I think a decision on all of these except Douglas and Sullivan could be postponed until we see whether Norstad is really coming.

WBL:has

Dr. Henry A. Kissinger, Jr.
Director, Harvard Defense Studies Program
6 Divinity Avenue

Copy to: Dr. Harry H. Ransom

LAW SCHOOL
MEMORANDUM

FROM Leach
To Kissinger, Ransom, Balch, Feld

Please note item on page 7 recording
activities of Seminar student Zona
Mae Fairbanks.

Should this be posted on Seminar
bulletin board for benefit of
non-law students?

Harvard Law Record

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Thursday, October 22

A. M. Sonnabend, Director and Chairman of the Acquisitions Committee of Studebaker-Packard, will speak on "Progress at Studebaker-Packard," to the BULL and BEAR CLUB at 1:40 in Harkness Commons.

Friday, October 23

The STUDENT BAR ASSOCIATION will present the Honorable Samuel S. Leibowitz giving a talk entitled: "So You Want to be a Trial Lawyer" in the Ames Courtroom at 8 p.m.

Saturday, October 24

An INFORMAL DANCE will be held by the Dormitory Council at Harkness Commons at 8 p.m. Admission is by Dormitory Council Activities Card.

DUPLICATE BRIDGE tournament continues in Holmes Hall at 1 p.m.

Sunday, October 25

The FORD HALL FORUM will present Dore Schary offering "Reflections and Reminiscences on the Theatre, Movies and TV" at 8 p.m. at Jordan Hall, Boston.

Tuesday, October 27

The INTERNATIONAL LAW CLUB will be addressed by Professor Baxter in the Pound Room at 4 p.m.

Wednesday, October 28

The HARVARD LAW WIVES will play Bridge, Canasta, Scrabble and other games with each other for prizes in Harkness Commons at 7:30 p.m.

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2

OCTOBER 22, 1959

NEWS SECTION

# Bok Reviews Steel Strike

Derek Bok

Assistant Professor Derek C. Bok highlighted his exploration of the issues in the steel strike with an exhortation for clear thinking and precise attention to current labor problems by individuals and political groups. He cautioned against falling back upon stereotyped abstractions left over from former political treatments of labor-management difficulties.

Introduced to an enthusiastic overflow meeting of the Harvard Law School Young Republican Club by president William C. Ives, 3L of Aledo, Ill., in the Mallory Smith Room on Wednesday, October 14, he noted that "doctrinaire political shibboleths" would solve nothing, and called for "flexible thinking without delay," on the problems facing the country in this three-month old strike, the longest in our history.

Professor Bok spoke on the "Issues in the Steel Strike" at the first of the Republican Club's series of fall luncheon meetings on the topic of "Labor: 1960." Later speakers scheduled to appear include Dean Roscoe Pound and a monitor of the Teamsters Union.

Professor Bok remarked that the question of the minute concerned the role that government would take in this controversy that had become a "three-cornered drama" with the addition of George W. Taylor of the President's fact finding group to the cast that already headlined industry's Roger Blough and the union's David McDonald. Observing that the steel industry's motives have been difficult to pinpoint, he noted Mr. McDonald's desire to stave off an injunction as long as possible. Winter will freeze the water routes from the Mesabi ore ranges to the steel mills and strengthen the union's bargaining position. Professor Taylor, meanwhile, could score a tremendous personal triumph if he could manage to "hammer out a compromise."

Turning to a consideration of the aims of the two sides, Professor Bok first listed three demands put forward by the union. These included an hourly wage increase, retention of the cost of living escalator, and abandonment by management of its demand for greater work prerogatives. He questioned the industry's stand upon the latter issue. In contrast to former contests when glaring examples of featherbedding have been reported, this time vague generalizations have been steel's main answer to requests for specifics. He further warned of the danger attendant upon rejection of the cost of living escalator. Without that, he observed, a nominal increase in the contract wage might not prevent the shrinking of the actual wage with a rise in the cost of living.

Industry's intentions have been the source of greater speculation. He reported that some say management set out to "bust" the union but asked why strike breakers had not been employed if such were actually the intent of the industry. Another goal might have been that of bringing to an end the easy bargaining that has prevailed since World War II. The formal tough bargaining sessions of today greatly contrast with the easier sessions favored by Mr. Fairless in previous years.

A third goal, and one consistently pro-

HARVARD LAW RECORD

3

fessed by the steel industry, is that of restraining inflation. Roger Blough followed President Eisenhower's lead in professing to act to curb growing inflation, but, Mr. Bok queried, if he actually felt this way why did steel not decrease its prices during the spring of 1959 when profits were high? Finally, the pressure of foreign competition is becoming more strongly felt and the steel industry may have feared that high wages would hinder it in competing with imports of steel. Prolongation of the strike, however, can have the opposite effect of helping foreign imports at least at present.

"The question of 'Who is right?'" said the speaker, "resolves into 'What are the relative weights on each side?'" This has been answered by Secretary of Labor Mitchell and others with the remark that management might go further than it has so far in meeting labor. Its demands have not all been solidly founded or well supported. Thus, high profits

in the six months before the strike detract from management's cry of "inflation." On the other hand, if the history of past settlements is any indication, wage rises are reflected by price rises.

"A victory for steel would be a move away from informal to more rigid bargaining tactics," said Professor Bok. He noted the dilemma present is that "friendly, cooperative labor relations seem to have fostered inflation." Perhaps we can prevent inflation only with tough bargaining. The relation of the strike to collective bargaining in "what is left of a free economy" raised the warning of ever-greater government intervention in wage and price fixing. The end of such intervention might be hard to see. And Professor Bok warned that we should strive to evolve a workable solution before the crisis forced us to an *ad hoc* decision undesired but unavoidable.

— Winslow

## Barnes Runs For Local Office

The academic hat has been tossed into the ring of local politics by Assistant Dean William S. Barnes, Director of the World Tax Series, who is actively campaigning for membership on the Cambridge School Committee. The Dean, running in a non-partisan, proportional representation election, launched his campaign at a Labor Day party held by the Cambridge Central Labor Union and has now accelerated his schedule to three or four speaking engagements each evening.

The School Committee, a part of the city government, is composed of six elected representatives and the mayor. It determines educational policy and chooses administrators with a high degree of autonomy. Dr. Judson T. Shaplin, Associate Dean of the Faculty of Education, is retiring from the Committee, and Dean Barnes is running with his endorsement.

Dean Barnes, the only Harvard faculty member currently seeking elective office, thinks his colleagues have a duty to take an interest in civic affairs. He cites President Nathan M. Pusey's appointment of Charles Whitlock as the University's Assistant for Civic Affairs as an example of the administration's concern with the role of Harvard in the community.

To Dean Barnes, his Harvard affiliation presents no "town-gown" problems. His theory is that it is an asset to enter the local campaign as a qualified educational administrator and with the support of a concerned group of Harvard alumni and staff members. Prior good service by other faculty members in community projects also aids his chances, he believes.

The issues in the campaign are centered around keeping the merit system alive in teacher appointments, around obtaining more efficiency in spending the money the committee receives from the state, and increasing the city's share of those funds. Other issues include the effective use of teachers and the fuller utilization of the schools. Dean Barnes favors a School Committee which will act as a real school lobby on Beacon Hill and a merit award system for excellence in teaching as means to making Cambridge's public schools match the quality of its institutions of higher learning.

This campaign marks Dean Barnes entry into politics. He reports that he has found the whole campaign characterized by a genuine interest on the part of the voters, and by

4

OCTOBER 22, 1959

a cleanly conducted campaign, stemming, he
suggests, from Dr. James B. Conant's obser-
vations on "the school as the cathedral" in
America. He has particularly noted the rev-
erence on the part of some of his constituents
toward education and the part it plays in
the community.

This high regard for the ability of a good
educational system to stimulate many inter-
est is no new truth to the Dean, who, as a
captured World War II fighter pilot, com-
pleted a year's law school work in Stalag-Luft
III.

— White

Leibowitz Speaks Tomorrow

As part of its evening speakers program,
featuring people prominent in their fields, the
Student Bar Association will present Judge
Samuel S. Leibowitz tomorrow night, Friday,
October 23, at 8 p.m. in the James Barr
Ames Courtroom. His topic will be, "So You
Want To Be a Trial Lawyer."

Judge Leibowitz was admitted to the New
York Bar in 1917 and remained in private
practice in New York City until 1941. During
this period he became well known for his
spectacular defenses in the field of criminal
law.

In 1941 the bar lost one of its foremost
criminal lawyers when Mr. Leibowitz was
called to the bench to serve as a judge in
Kings County Court, Brooklyn, N. Y. As a
judge, Mr. Leibowitz has frequently drawn
on his own experience as a trial lawyer to
prevent the use of trickery in his courtroom.

Judge Leibowitz has recently been in the
news concerning some suggestions he alleg-

edly made relating the juvenile delinquency
problem in New York City to the influx of
citizens from Puerto Rico.
— Traum

Samuel S. Leibowitz

Cavers Works With Thinkers

David F. Cavers, Fessenden Professor of
Law, has returned to the frenetic pace of the
Law School this fall after spending nearly
a year in a program designed to allow think-
ers to think uninterruptedly. So imbued with
this objective is the Center for Advanced
Study in the Behavioral Sciences, now com-
pleting its fifth year on the Stanford Univer-
sity campus, that its official program is, in
fact, no program at all. Professor Cavers
was invited to the gathering of fifty-three
scholars as a representative of legal thinking
in the behavioral sciences.

The Center, facetiously called "the leisure
of the theory class," brings together from
leading American universities faculty mem-

bers with special interests in various branches
of human behavior. The principal disciplines
represented last year were anthropology,
psychology, sociology, political science, and
history, with somewhat fewer participants
in the fields of law, literature, philosophy,
economics, linguistics, psychiatry, biology,
mathematics, and pedagogy.

Although the aims of the Center include
the stimulating interchange of ideas among
and within the disciplines, the accent is not
on the joint product approach. Fellows at
the Center engage chiefly in individual re-
search but also join in informal seminars
on topics of interest to groups among the
membership. Thus Professor Cavers took

HARVARD LAW RECORD

ξ

part in seminars in the methods of study of social change and in the implications for social science in the atomic arms race, a subject for which his recent experience at Pugwash conferences was useful. He and Professor Carl Auerbach, LL.B. '38, of the University of Wisconsin Law School, conducted an inquiry into the reaction of the behavioral sciences to the problem of protection of privacy in the law.

Professor Cavers devoted much of his year to individual research in preparation for articles he wrote concerning atomic energy regulation and in assisting in the study of the international aspects of financial protection against nuclear risk completed by a research group at the Law School last year. He also completed work on a new book, of which he is co-author, on electric power regulation in Latin America.

Professor Cavers, the first member of the Law School faculty to attend the Ford Foundation-created Center since it began to include the law as a behavioral science in 1957, remarked that he had acquired "a better understanding of the problems involved for research in law in the relationship between law and other behavioral disciplines." For more than thirty years law teachers have been concerned with the problem of how to enrich legal studies with knowledge derived from fields of human activity upon which the law impinges, Professor Cavers continued. A good deal of progress has been made in certain areas, for example, in criminal responsibility, where law and psychology meet, and in antitrust, where law and economics touch. Generally, however, he stated, the relationship has not developed to the extent law teachers had hoped it would. The problem why the other disciplines haven't directed much attention to the law as a major institution of society is one in which Professor Cavers has been interested since the nine years he edited *Law and Contemporary Problems* while on the faculty at Duke University Law School.

While in the Golden West, Dean Cavers spoke at luncheons for Harvard Law School alumni at the California Bar Convention and in San Francisco. He also spoke in Modesto at the organization dinner of the Harvard Law School alumni group for the Central

6

David F. Cavers

Valley, a vast area extending from Sacramento to Fresno.

— White

## Law School Mixer

More than 300 Boston-area college women graced the annual Law School Mixer last Thursday evening, October 15th. The social event was sponsored by the Law School Committee of Phillips Brooks House. Music was provided by Bob Norris and his orchestra. Ladies from the first and second year classes at the Law School acted as hostesses and served refreshments during the course of the evening.

Until Langdell Library had closed, however, the attendance of gentlemen law students was markedly thin. Alumni will be pleased to note that the jealous mistress is still the local favorite.

## New Dorm Rulers

Walter M. Strine, Jr., 2L of Medina, Pa., was elected president of the Dormitory Council to replace Warren H. Greene, Jr., 3L of Bronxville, N. Y., who resigned because he has moved off campus. Other officers are Rudolph V. Lutter, 3L of Philadelphia, Pa., vice president; Sydney S. Traum, 2L of Belle Harbor, N. Y., treasurer; and Marvin J. Garbis, 2L of Baltimore, Md., acting secretary.

OCTOBER 22, 1959

Local Scrimmage

'But I Can't Just Grab Her'

Although lacking a glee club, the Harvard Law School can boast of an all-girl football team. The "Battery Belles" of Wyeth Hall, led by Zona Mae Fairbanks, 3L (William & Mary '57) have now played two games against all-male opposition.¹

The "Trover Boys" won Tuesday's hour long contest 24 to 12. Both they and the crowd gathered on Cambridge Common were surprised by the spirit and skill of the girls. Initial fear ("Don't you all hurt.") and timidity ("But I can't just grab her.") gave way to more basic athletic drives after the first play.

Down 24-0 after the scoring trio of Dick Coleman 3L, Art Horn 3L, and Asher Rubin 2L, had shown how the game was to be played, the girls literally "snuck" back into the game. Nancy Eastham 1L (Mt. Holyoke '59) passed to Ellen Donovan 1L (Penn State '59) for fifteen yards. Zona Mae swept around right end to the Trover Boys' twelve.

The Captain

¹ The Dean may be comforted to recall that Miss Fairbanks is the lady he gleefully revealed as "Miss Apple Desert Queen of Virginia" in his welcoming address to the Class of 1960.

The "Battery Belles" line up in traditional pose. Gentleman on extreme right is not a member of the team.

HARVARD LAW RECORD

7

At this point Battery Belle line play got very good, giving three backs enough time to conceal the ball 'neath someone's shirt. The male secondary was unable to cope with this expert fakery and Miss Eastham was across the goal before she was detected. Miss Fairbanks was held on the conversion plunge.

In the last quarter, Horn's pass to Coleman (6' 3") was taken by Miss Eastham (5' 5"). It was Donovan the Nittany Lioness this time with a twenty yard pass to Miss Fairbanks who ran to the Trover two. On the next play a massed Battery line pushed their answer to Charley Ravenal across to make it 24 - 12. Again the girls were unable to score after the touchdown.

Early Belle drives were frustrated by the alert pass defense of Peter Clapman 3L. A Belle front office official issued a post-game denial of the rumor that Paula Aronowitz 2L

(Barnard '59) is being traded to Green Bay for dropping a first quarter pass. There was high praise for Belle defensive line work and for Jacky Crawford 2L (Cornell '58) in particular. All this was despite the pre-game loss of Lillian Kim 2L (UCLA '59) who fell (no kidding) down the library steps.

There were few penalties and no poor form was shown save for Rubin's spying in the Belle huddle. He was ejected from the game despite some alibi about keeping warm in the 39° weather.

Other Belle starters were Janet Maleson 1L (Cornell '59), Pat Meloy 1L (Michigan State '59), Joni Lysett 1L (Michigan State '59), Adria Goodkin 1L (Cornell '59), and Betsy Zumwalt 1L (Radcliffe '59).

Prospective opponents are invited to call at Wyeth Hall.
— Hotvedt

It was a tough game but they lost anyway.

OCTOBER 22, 1959

8

FEATURES SECTION

International Tax Program

At right is the "house that tax built." This frame building, called Kendall House, is the site of the International Program in Taxation.

Tax Center

In 1951 the United Nations indicated that a systematic study of various national tax systems would be useful. The Law School responded in 1954 by inaugurating its International Program in Taxation. The Program operates in conjunction with the United Nations (all conclusions and results are submitted to that body), and has the financial backing of some hundred large corporations and foundations. Its headquarters is a large frame building on Massachusetts Avenue called Kendall House.

The Program has three major functions: the training of tax officials from other countries; the production of the World Tax Series, an exhaustive study of foreign tax systems; and research projects aimed at aiding countries with their tax laws.

Mr. Jack Heller, Teaching Fellow assigned to the program trainees, explained the procedure involved in the training of the tax officials.

The Program begins each year with the selection of fifteen to twenty persons by their respective governments as trainees to come to the Law School. Most of them are from

undeveloped countries where it is important to have a smooth running and efficient tax system. These trainees are financed by the International Cooperation Administration, the United Nations, Harvard scholarships, and private funds. Difficulties arising from unfamiliarity with the English language and the American legal process are lessened somewhat by three weeks of instruction given the trainees prior to the commencement of regular classes.

The training program proper lasts the school year. It consists of courses in Tax Administration, Tax Policy, and the regular Law School course in Federal Taxation. There is also a seminar in International Tax Research. In addition, the foreign students are given supplementary tutoring in Federal Taxation and Accounting by members of the Law Review.

At the end of the school year, after receiving a certificate of training, the trainees proceed to Washington, D.C. for two weeks of on-the-spot observation of U.S. tax administration. Following this, there is an additional two-week inspection tour in Canada.

HARVARD LAW RECORD

9

In many instances, foreign governments have made it a general practice to send trainees every year to profit from this tax program.

The second of the three functions of the Kendall House International Tax Center is to produce the World Tax Series. Mr. Henry Gumpel, author of the volumes on Mexico, Brazil, and currently, Germany, explained the system by which the Series is kept authoritative and current. Although each volume is put in final form by a Harvard "author," it is written in conjunction with a foreign "correspondent" who is a tax expert in the country studied. Thus, says Mr. Gumpel, the Series represents not merely book-knowledge but incorporates the practical expert's knowledge of unpublished decisions and prevalent interpretations. The volumes are kept up to date by cumulative supplements.

## Venezuelan Law

The value of such a study to business planners and corporate attorneys is apparent in light of the confused state of much foreign law. Mr. William J. Gibbons, now working on the volume on Venezuela, pointed out that in many South American countries only supreme court decisions are published; there is little or no indexing; and the knowledge an attorney obtains of legal decisions and interpretations is liable to be treated by him as a trade secret. The tax administrators in these countries are equally in the dark and welcome the publishing of the Series.

Mr. Martin Norr, author of the volume on Sweden, believes that the completed Series will constitute an encyclopedia of tax law which can provide the basis for fruitful comparative study. He points out that intelligence is a monopoly of no one nation, and that

good solutions of similar tax problems can often be profitably borrowed from another nation, while solutions which have proved bad can be avoided.

Kendall House Markers

The third aspect of the Kendall House program is continuing research. An example of this is the mission to Colombia last summer, led by Assistant Dean Barnes, Director of the World Tax Series, and Assistant Professor Sander, which studied and made suggestions for improvement in the tax system of that country. Another mission, to Venezuela, included Professor Surrey, Director of the Program, and Assistant Professor Oldman, who is in charge of training. Invitations from other countries are in the offing. This aspect of the Program's work promises to become increasingly significant in the future.

— Fremont-Smith

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10

OCTOBER 22, 1959

## Gallery

Corporations students in Section I this year are studying under one of the newest members of the Harvard faculty. That teacher is Detlev Frederick Vagts, who, by taking his place on the faculty, not only returns to his Alma Mater but follows in the academic footsteps of his father.

The elder Vagts has taught at Harvard College and the Institute for Advanced Studies at Princeton; he is presently retired and devoting most of his time to his writings. One of these writings — a book on United States relations with Germany — brought Mr. Vagts' parents from their home in Germany to Washington, D. C., in 1929. It was during this stay that Mr. Vagts was born. Later the same year the family returned to Germany, where the father was a citizen. In 1933 the Nazi rise forced them to return to the mother's native land, America.

After graduating with an A.B., *summa cum laude*, from Harvard in 1948, Professor Vagts attended the Law School. While here he served on the *Law Review* for Volumes 63 and 64, and was Note Editor during his last year. He graduated, *magna cum laude*, in 1951.

### Graduated With Honors

From 1951 to 1953 and again from 1956 to 1959 Professor Vagts practiced law with the New York firm of Cahill, Gordon, Reindel, and Ohl. The three year hiatus from 1953 to 1956 was devoted to a stint as supply officer at Moses Lake, Washington, AFB and then as legal officer at Everett, Washington, AFB.

During his years of practice, Mr. Vagts specialized in corporate and antitrust matters, with his work also involving a good deal of litigation.

### Return to the Classroom

Mr. Vagts looks upon his return to the Law School with some irony. Partially as a reaction to the scholastic environment in which he had spent most of his formative years, he was anxious to come to grips with an everyday practice of law. He commented that his entire stay in New York, especially his law practice, presented many stimulating and rewarding experiences. However, the city

seemed to lose its initial attractiveness once he faced the prospects of raising a family in the less than satisfactory Manhattan school districts or making the unappealing transition to commuter status.

He expressed the hope that returning to Harvard will place him in a more advantageous environment for considering fundamental legal problems — something the lawyer in

Detlev Vagts

private practice is all too often precluded from doing.

### Finds New Conservatism

Although he hesitated to appraise the student body of the Law School, due to his recent arrival, Mr. Vagts thought he detected an orientation towards the "New Conservatism" described by Vance Packard in his book, *Status Seekers*. The reasons for this trend towards early job security and specialization among young lawyers seem to Vagts to be earlier marriages, realization that expertise in the law is becoming more desirable and remunerative, and time strictures imposed by military service.

On the other hand, he has found more student participation in classes than when he

HARVARD LAW RECORD

11

was a student. He noted that interest in the stock market and related financial matters is particularly acute. However, he pointed out that during the early 1950's many of his contemporaries were subject to the unsettling influence of the Korean conflict.

## Deplores Self-Service

Vagts also observes a basic interest in matters of public concern among the students he has talked with, but he thinks there is also a concomitant desire among students to avoid personal involvement in such affairs. Noting that a similar attitude is present among many young lawyers he has known, he expressed his regret that American lawyers no longer seem to participate in public services to the extent they have in the past. Vagts views this self-serving ratiocination as typical of the times we live in. He would not favor changes in the curriculum, teaching methods, or extra-curricular opportunities of the Law

School to counteract such tendencies. All of these he finds adequate and vital — subject of course to periodic modernization.

Rather he thinks any reorientation of young lawyers must spring from early influences; that is, making public service and government employment more attractive by relying on environmental and pre-graduate level educational factors to condition capable young minds. In that way he feels that young lawyers will tend to gravitate less uniformly away from passivity in public affairs.

Mr. Vagts stressed his desire that students desirous of personal aid feel free to approach him. Though he is wary of attempts to institutionalize student-faculty contacts, he is aware that often the results of student consultation with an instructor can be extremely fruitful.

— Gold

## Alumni Notes

The average age of eight graduates of the Law School who are on the faculty of Hastings College of Law, California is 68.8.

They are Lawrence Vold, A.B. '10, LL.B. '13, S.J.D. '14, born April 11, 1886; Everett Fraser, LL.B. '10, born August 24, 1879; Judson A. Crane, LL.B. '09, S. J. D. '15, born May 7, 1884; Rollin M. Perkins, S.J.D. '16, born March 15, 1898; George E. Osborne, LL.B. '19, S.J.D. '20, born June 11, 1893; Elliott E. Cheatham, LL.B. '11, born July 13, 1888; Calvert Magruder, LL.B. '16, born December 26, 1893; and David E. Snodgrass, A.B. '17, LL.B. '21, born September 11, 1894.

LL.B. '54 — Paul Koenig and Herbert D.

Katz have formed a law firm, Koenig & Katz, with offices at 4146 Southwest 64th Avenue, David, Florida.

LL.B. '50 — Norman S. Fink has become associated with the firm of Sherwood & Garner. They are located at 130 West 42nd Street, New York City.

LL.M. '46 — Joseph O. Tally, Jr., has been elected to the office of President-elect of Kiwanis International. He is the first Kiwanian to hold this newly created office. He will succeed to the Presidency in 1960.

LL.B. '51 — Frank Brenner has moved his office to 39 Broadway, Suite 902, New York 6, New York.

### CLEAN-WAY

LAUNDERMAT — SHIRTS
DRY CLEANING & PRESSING
104 OXFORD ST.
3 Blocks From Dorms

### Rackets Restrung

One Day Service

### TENNIS & SQUASH SHOP

67a Mt. Auburn St. Cambridge
Opp. Lowell House — TR 6-5417

### CHERCHEZ

### LA FLAMME

BARBER SHOP

● EIGHT EXPERT BARBERS
21 DUNSTER ST. EST. 1898

### Second Hand Lawbooks

LAW SCHOOL AIDS
Bought — Sold

### HARVARD BOOK STORE

1248 MASS. AVE., CAMBRIDGE
OPP. LAMONT LIBRARY TR 6-9069

Jack Welcomes You to

### Mike's Club

WHERE YOU CAN ENJOY
THE LARGEST
ROAST BEEF SANDWICH
IN THE SQUARE
OPEN EVERY SUN. — THURS.
'TILL ONE A.M.
FRI. SAT. 'TIL 2 A.M.
Orders to Take Out
EL 4-9625

12

OCTOBER 22, 1959

## Lincoln's Inn

# Social Center Blooms On Follen Street

Founded in 1908, the Lincoln's Inn Society still flourishes as one of the law school's leading social outlets.

The Lincoln's Inn Lamppost

Since its founding in 1908 with the stated purpose of "furthering the interests of the Harvard Law School and maintaining a club house for the use of its members," the Lincoln's Inn Society has provided an off-duty social focus for its membership. And, although the leisurely era of "blue boar tobacco around the coal fire" has given way to the age of the sandwich lunch, the Inn continues to fulfill its vaguely defined but vital function.

The group that was later incorporated under the laws of the Commonwealth governing ""religious, etc., societies" first met in 1908 in the upper rooms of a Dr. Bailey in Cambridge. Hoping to give some sort of recognition to the doctor's hospitality, they styled themselves the "Old Bailey Society"; but when it was decided to organize on a more permanent basis, respectability dictated the present name. The founders, mainly members of the classes of 1909 and 1910, were A-

Perry Osborn, Walton A. Green, John C. White, William D. Bangs, Winthrop W. Aldrich, Richard S. Aldrich, Richmond L. Brown, Ludlow S. Bull, James A. McPyle, William Iselin, Nathaniel C. Nash, Jr., Robert Schurman, Henry E. Sheffield, Walbridge S. Taft, W. Rodman Fay, Fitch Gilbert, Jr., and Harrison Tweed, Jr. The original home of the society was "an extremely rickety house" at 47 Brattle Street.

The Inn is now located in a newly renovated house at 44 Follen Street, adequate to provide dining and social facilities for approximately 250 members from the three present classes in the Law School.

Lunch-eon and dinner are served daily, except Sundays. The recreation room, decorated with panels illustrating various slurs on the law by Gilbert and Sullivan, is open before dinner and on Saturday evenings, when a three-piece combo is provided. Also, once during the fall and again in the spring, the Inn sponsors a formal dance for members and guests.

Among the traditional affairs of

SQUASH RACKETS

Largest Variety in New England
Tennis & Squash Shop

67A Mt. Auburn St., Cambridge
Opp. Lowell House — TR 6-5417

ELSIE'S

Noted for the Best Sandwiches
To Eat in or Take Out
The famous Special Roast
Beef Sandwich

KNACKWURST — BRATWURST
with Sauerkraut
OR POTATO SALAD

71 Mt. Auburn St., Cambridge, Mass.
Elsie & Henry Bauman EL 4-8362

HARVARD LAW RECORD

13

the Inn which persist today is the
annual Christmas dinner, a formal
affair to which members of the
faculty are invited. According to
one professor, a member of the
Inn while a student, the early edi-
tions of the dinner were "scenes of
sprawling intoxication." Present
day repetitions tend to be more up-

right but equally anticipated by
members and faculty.

One of the members' favorite
corners in the Inn is the Lady El-
lesmere Room, where coffee is
served after dinner. The room is
dominated by the portrait of a ju-
dicially disrobed young lady, toggled
up in the more or less full regalia
of the Bench. The picture was do-
nated to the Inn in 1949 after it
spent several hours replacing one
of the portraits in Langdell North,
notably during a class given by
Dean Erwin N. Griswold. The
Dean, engrossed in the Internal
Revenue Code, was not aware that
the full attention of the class was
elsewhere until, as one spectator
put it, "he noticed the reverential
awe and realized that, for the first
time, the class was over his head."

The current officers of the Inn are
Edwin P. Conquest, Jr., 3L of Rich-
mond, Va., president; William H.
Ruffin, Jr., 3L of Durham, N. C.,
vice-president; William D. Ruckel-
shaus, 3L of Indianapolis, Ind., sec-
retary; and Thomas S. Jordan, Jr.,
3L of Pomona, Calif., treasurer.
Members of the board of governors
are Gordon Lang, Jr., 3L of Lake
Forest, Ill.; Eliot D. Hawkins, 3L
of New York City, N. Y.; Frederick
A. O. Schwarz, Jr., 3L of New York
City, N. Y.; John Ritchie IV, 3L of
Evanston, Ill.; P. Cameron DeVore,
2L of Spokane, Wash.; and Alfred
L. Purrington III, 2L of Raleigh,
N. C.

"YOU RING ... WE BRING!"
UN 8-7000

This slogan, featured at the
Original Tower of Pizza opening
Friday (They hope) at 1728 Mass.
Ave. (Between Harvard & Porter
Squares), is fast becoming the
by-word of people who appreci-
ate prompt delivery of late
snacks, particularly pizza. Cam-
bridge residents will soon have
a chance to sample the 21
varieties of pizza to be served
at the new Original Tower of
Pizza.

BRATTLE Theatre
Harvard Sq.
TR 6-4226

Ends Saturday
"HE WHO MUST DIE"

October 25-31
"THE CAPTAIN FROM KOEPENICK"

directed by Helmut Kautner
plus Ham & Hattie cartoon festival

November 1-7
"PATHER PANCHALI"
Grand Prix, Cannes Festival
"A universal experience"
— N.Y. Times

November 8-14
Jacques Tati's
"MY UNCLE"
in color

November 15-21
Joanne Woodward
Lee J. Cobb
"THREE FACES OF EVE"

November 22-28
FERNANDEL
in
"PANTALOONS"

Shows daily at 5:30, 7:30, 9:30
Matinees Sat. & Sun. at 3:30

OPUS 1
Accessories for Everyday Living
1741 Massachusetts Avenue
Camb.
(opposite Linnaean Street)

UNIVERSITY
Harvard Sq. UN 4-4580

Now — Ends Saturday

MGM
presents
Leslie Caron · Dirk Bogarde
in Bernard Shaw's
**THE DOCTOR'S DILEMMA**
MIGRATION · An MGM Release

Also Jack Hawkins in John Ford's
"GIDEON OF SCOTLAND YARD"

PICTURES
PRINTS
Framing On Premises
SCHOENHOF'S
Mass Ave. Opposite Widener

DONUT INN
1695 Mass Ave
3 blocks from the Dorms

STEAK DINNER SPECIAL . . . 85¢
2 Veg and Potato

CHICKEN CLUB SANDWICH .65¢

FRIDAY FISH SPECIALS . . . 65¢
Filet of Sole, or Baked or Stuffed
Haddock

2 Veg and Potato

And many other choices of fresh,
well-cooked meals at student
prices.

Weekend
Entertainment

CAMBRIDGE
BRATTLE — He Who Must Die —
3:30 (Sat), 5:30, 7:30, 9:30
UNIVERSITY — The Doctor's Dil-
emma - 3, 6:15, 9:30; Gideon of
Scotland Yard - 1:30, 4:45, 8

BOSTON
BEACON HILL — Sapphire —
10:10, 12:05, 2:05, 4:05, 6, 8, 10

CAPRI — Sapphire — 2:05, 4:03,
6:01, 7:59, 9:57

EXETER — Power Among Men -
2:15, 4:05, 5:55, 7:45, 9:35

GARY — Big Fisherman — 1:15,
4:15, 8:15

SAXON — Career — 10, 12, 2, 4,
6, 8, 10

TELEPIX — Senechal — 11:30,
1:30, 3:30, 5:30, 7:30, 9:30

UPTOWN — A Hole in the Head -
1:10, 5:20, 9:30; Blue Angel -
11:15, 3:25, 7:45

14

OCTOBER 22, 1959

Letters To The Editor:

Editor's Note: The following let-
ter is here printed as an explanation
of the purpose of the accompanying
story, both sent in by a law school
alumnus.

Enclosed is a little story written
in a facetious vein, but it points
out what I believe to be an in-
equity in section 24 of the Copy-
right Act.¹ This inequity was
observed in the case of Miller Music
Corp. v. Charles N. Daniels, Inc.,
158 F. Supp. 188, (D.C. N.Y. 1957),
the headnote of which states: "An
author's assignment of his renewal
rights in a copyright in the future
may effectively transfer such rights
to the assignee only if the author
survives until commencement of the
28th, or last, year of the original
term, and if the author survives he
becomes vested with an absolute
power to renew under this section,
and the prior contingent assign-
ment in turn vests such renewal
rights in the assignee, but if the
author fails to survive he does not
become vested with any rights of
renewal, and such rights by this
section vest in the author's widow,
children, executor or next of kin,
and there is nothing which can pass
by virtue of the assignment."

This inequity in the statute
makes it difficult for authors to as-
sign renewal rights, because if the

¹ "... the author of such work, if still living, or the widow, widower, or children of the author, if the author be not living, or if such author, widow, widower or children be not living, then the author's executors, or in the absence of a will, his next of kin shall be entitled to a renewal and extension of the copyright in such work for a further term of twenty-eight years when application . . . shall be made . . . within one year prior to the expiration of the original term of copyright."

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NEW YORK

COAST TO COAST
TRAVEL EXHIBITS

HARVARD LAW RECORD

15

author dies before the 28th year of the original copyright, his widow and children take to the exclusion of the assignee. By the time the 28th year comes, the children may be grown up and the widow remarried. Protection for the author's family is needed when the children are young. The statute should be changed to allow an author to assign renewal rights at his convenience, without imposing the condition that he survive until the 28th year.

Sincerely yours,
Richard B. Treanor, '56

In 1925, when Lyman J. Milkweed was seventeen years old, he won a high school prize for a song he wrote entitled "Moonlight and Gardenias." Having a legal mind, he copyrighted same, late at a New Year's Eve party, on January 1, 1926, by selling ten copies to some of the revelers for fifteen cents apiece, with notice of copyright affixed thereon. Thereupon he promptly deposited in the copyright office two complete copies of the best edition thereof.² He secured a publisher for his song, to wit: the ABC Music Company of the state of Ames, and assigned to it his original copyright for the term of 28 years from the date of securing same. He reserved to himself a certain percentage of the royalties. Immediately the song became a sensational hit and was broadcast nationally over the radio (assume they had radios in 1926, *arguendo*³). Clara Bow sang it at Carnegie Hall. Lyman J. Milkweed reaped in the profits, and made so much money that he put himself through Sundown Law School. He married a lovely girl named Gardenia and they soon had a garden of seven little Milkweeds. He could not get a job,⁴ but the royalties kept pouring in, and life assumed a gardenia-colored hue.

² The one with the hearts and gardenias in the margin.

³ Latin for "Let's not get technical."

⁴ Who would want to hire someone named Milkweed?

In the thirties, however, the song lost favor and the royalties dwindled. The little Milkweeds got bigger and hungrier. Gardenia began to wilt. Milkweed had no job and no money. Desperate, in 1939 he turned to the ABC Music Company of the State of Ames and proposed to assign to them his renewal rights in the song. The company knew when they had a Milkweed out in the proverbial pasture, and agreed to pay a lump sum of $5000 for the renewal rights, without any royalties for Lyman. Faced with no alternative but starvation, Milkweed agreed.

## Salvation Army

In the forties, the song continued to do poorly; the $5000 was soon used up; the Milkweeds turned to the Salvation Army and lived in a third floor garret on Massachusetts Avenue.

Then, suddenly, in 1952, Elvis Pelvis made a recording of "Moonlight and Gardenias" which immediately sold five million copies. Milkweed for a few months continued to reap in the royalties from his original copyright.

But alas, the original copyright would run out on December 31, 1953. The ABC Music Company owned all the renewal rights; the Milkweeds would be penniless once more.

Milkweed searched everywhere for a solution to his problems. He visited Sundown Law School's library for hours at a time. Finally, in desperation, but with a crafty and knowing look on his face, he pulled out a revolver, at two minutes to midnight on the night of December 31, 1952 and shot himself. Police searched his apartment, found nothing, and reported the case as a routine suicide.

Gardenia and the little Milkweeds consulted a lawyer who was a Harvard Law School graduate. Instantly he phoned the ABC Music Company, which immediately turned over all the royalties, both

those under the original copyright as well as the renewal royalties, to Gardenia and her crew, who became fabulously wealthy. Gardenia was voted Queen of the Gardenia Bowl on January 1, 1954. And all the little Milkweeds will appear next week on the Ed Solomon show singing, "Moonlight and Gardenias." The Harvard Law School graduate now has a $15,000 a year retainer with a bitter rival of the ABC Music Company of the state of Ames, to wit: the XYZ Music Company of the state of Story.⁵

⁵ "Story," as in, "This is the end of the —."

Copyright 1959, Richard B. Treanor

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16

OCTOBER 22, 1959

November 5, 1959

PERSONAL

Professor W. Barton Leach
Langdell Hall
Harvard

Dear Bart:

As you know I have been extremely disturbed about the future
of the Defense Studies Program and the conversation with Don certainly
did not help matters. The situation seems to me to be this: Even
though the Seminar itself has never had a greater impact, there has
been a constant attrition over the past few years. For all practical
purposes, Maury Feld no longer has any connection with us. We have no
funds at the moment to keep Harry and it seems to me in any case unfair
to leave him in his present uncertain status, reappointing him from
year to year and always at the last moment. On the other hand, without
Harry or somebody like him, it will be absolutely impossible to continue
the Seminar at its present scale or indeed to continue a Seminar of this
nature at all.

I must say that to deal with this problem on an entirely
administrative basis seems to me ridiculous. True, defense matters were
put under the Center administratively, but it is equally correct that
the Advisory Committee on Defense Studies was retained *after* Bowie came
here and I was appointed Director of the DSP *after* the Center came into
existence. I do not know whether the Chairman of a Faculty Committee
can abolish a program without consulting his Committee. And at any
rate, it seems to me that if the program is abolished, it should be done
by deliberate action and not through whittling away.

I have leaned over backwards to be loyal in this matter. For
example, I have taken full responsibility for raising funds and though
it would have been an easy matter for me to obtain the funds within a
framework which kept me in exclusive control, I have made sure that they
were all channelled into the Center. With a measure of good will it would
seem to me that we could keep both Ransom and Feld and the DSP. On the
other hand, I have reached the point where I believe we should either fish
or cut bait. And I am prepared to bring matters to a head on my own responsi-
bility. Before I do so, however, I would like your advice, and therefore
this letter.

16 November 1959

Dear Henry,

While I was in California I saw Bill
Wiseley, and two interesting facts emerged out of
his current employment at Aerojet.

(1) He wants one or more of the graduates of your Seminar to engage in the industrial operations research activity for which Aerojet has employed him. He can pay for a good man (or woman) significantly more than even our best Law School graduates get.

(2) He believes that Dan Kimball, President of Aerojet, would probably accept an invitation to be co-guest with Arleigh Burke. He also believes that Kimball could be induced to put up some annual amount for the Seminar -- perhaps $5000 -- and might seek to get other industrial companies who can use graduates of the Seminar to join him in a cooperative effort. He feels that the flock of defense industries in California might well prove a gold mine to us, especially if we can show him and them that we have the capability of training and motivating people whom they can use.

Dr. Henry A. Kissinger, Director
Harvard Defense Studies Program
6 Divinity Avenue

LAW SCHOOL
MEMORANDUM

FROM Leach
To Kissinger

This is the sort of thing that is
published under academic imprimatur.
Almost any law professor, present or
past, would (should) know this.

B

November 20, 1959

Memorandum to the Faculty,

The Faculty may be interested in this summary of books published out of publication funds of the School over a period of more than 40 years, from 1918 through 1959.

During these years, a total of 34 books have been published out of these funds. (This does not include the World Tax Series, and some other volumes published by the International Program in Taxation.)

Of these books, a total of 36,938 copies have been printed, and 27,395 copies have been sold. On the entire production, the costs have exceeded the receipts by $18,213.82.

Of the total of 34, three have produced receipts sufficient to cover all of their costs. These are Stephens, "Administrative Tribunals and Rules of Evidence," published in 1932; Kelsen, "General Theory of Law and State," published in 1945; and Cook, "Logical and Legal Bases of Conflict of Laws," published in 1943. In addition, Wambaugh, "Cases on Constitutional Law" was given to the Publication Fund, after publication, and has yielded a small return since that time. A number of other books have come quite close to breaking even.

During the past 10 years, we have not published many books through these funds. The most recent have been Haar, "Land Planning in a Free Society," published in 1951; Dodd, "American Business Corporations Until 1860," published in 1954; and "Government Under Law," published in 1956.

At the present time, there is an aggregate of $17,346.53 available in the Publication Fund, which is a revolving fund into which receipts from the publication of these books are put, together with gifts for the purpose, and from which expenses are paid.

Through this Fund, the School is in a position to aid in the publication of worthwhile scholarly works which might not otherwise be able to find a publisher. Presumably the work should have some sort of a Harvard Law School connection, but this is not absolutely essential. Recommendations of materials for publication are always welcome. Professor Howe is Chairman of the Publications Committee, and suggestions should be made to him.

Erwin N. Griswold, Dean

Cambridge 38, Mass.

10 December 1959

Dear Henry,

This simply confirms what I
have told you orally.

Mr. Arthur Barber of the
Cambridge Research Center USAF (Crestview 4-6100,
Extension 3621) states that the Research Center
has upwards of $20,000 for certain studies in
the defense field. He would like to explore the
possibility of contracting for these studies with
the DSP. I have asked him to put on paper a
description of what he is after; and he will do
this.

Barbour is a graduate of the
Seminar.

WBL:has

Professor Henry A. Kissinger
Director, Harvard Defense Studies Program
6 Divinity Avenue

14 December 1959

Dear Henry,

In giving you a list of our former students who are in defense activities, I forgot Peter Ogloblin, a former student and teaching fellow, who is now at the Cambridge Research Center of ARDC.

I enclose a letter from Arthur Barber, Chief of the Systems Analysis Office, Electronics Research Directorate, of the Cambridge Research Center. This is the letter written in response to my request for providing some kind of definition of the project which they would like us to undertake on a contract basis. I think you will find that this "definition" is so broad as to (a) give us little guidance or (b) give us unlimited flexibility -- depending on how you look at it.

Why don't you take this up with Harry and see what you come up with as to, first, a couple of projects defined with reasonable clarity, second, some ideas as to who could do this work and under whose supervision and, third, what price tag we ought to put on the job if we take it.

WBL:has Copy
enclosure - XXXXXX ltr. (undated) to WBL from ABarber

HEADQUARTERS
AIR FORCE CAMBRIDGE RESEARCH CENTER
AIR RESEARCH AND DEVELOPMENT COMMAND
UNITED STATES AIR FORCE
LAURENCE G. HANSCOM FIELD BEDFORD, MASSACHUSETTS

REPLY TO
ATTN OF:

CRRA/3621

SUBJECT:

TO: Professor Barton Leach
Harvard Law School
Cambridge 38, Massachusetts

Dear Professor Leach:

1. Last night at the Defense Seminar there seemed to be general agreement on the part of all concerned that in the absence of a clearly understood military doctrine in national policy, the Bureau of the Budget is exercising a great if not a controlling influence upon our military strategy. One of the principle vacuums has been within the Air Force's Research and Development Command where the vast majority of management personnel both military and civilian have considered new weapons completely apart from the problem of shifting military strategy and changing national objectives. Indeed as my many scars clearly indicate these questions were not merely ignored but positively forbidden. Slowly but surely the Research and Development Command is beginning to realize that its responsibilities extend beyond merely building higher power klystrons, faster computers and better ballistic missiles. The time is now ripe for ARDC to support studies concerning the strategic and policy considerations implied by the new weapons and other equipment which it proposes to build.

2. The following statement is taken from the program document from which funds might be taken:

"This project is an integral part of an applied research program being conducted under TPPD 760B "Surveillance Techniques." In order to maintain effective command control of any military operation, the commander must have pertinent information about the situation for which he is responsible. Under TR 69-58, techniques are being developed to detect and track targets above the surface of the earth. TR 63-58 "Threat Evaluation" established the requirement for the development of concepts and techniques for the positive recognition of the nature of each target, identification of those which are hostile, and the degree and kind of hostility of each. TR 63 also establishes the requirement for the development of concepts and techniques for the complete analysis and evaluation of the threat posed by the hostile objects (including the type and magnitude of threat) and selection of the optimum courses of counter action."

In particular, $500,000 are programmed for studies of this type under TR-63, Threat Evaluation. It is important to note that this document was approved in March 1958 and written somewhat earlier. It was prepared by radar engineers.

3. Since that time a number of things have happened which increase emphasis upon the development of military concepts and strategy. When next year's budget for electronic control systems was submitted to York, he made clear his opinion that the Air Force was mismanaging the program but that it was far too important for him to reject or cut. Therefore, he ordered an intensive study which is to begin in January and is presently called the "Winter Study Group". This is to look primarily at the problems of the communications and data processing required to exercise control of Air Force units with primary emphasis upon SAC.

4. There can be very little disagreement with York's conclusion. For example, Peter Ogloblin represented us on the evaluation of proposals on the Air Force Command Center and considered it a monumental success. This was due to the fact that the Air Force provided considerable guidance on the communications and computers that were required but little or no guidance concerning policy on command concepts for such a center such as the permissibility rules of engagement in a thermonuclear war. Department of Defense or presidential prerogative, etc. While it is extremely unlikely that such policy exists, nevertheless the Air Force's many R&D people feel that we are already late in building the communications and data processing equipment required to effectively exercise control of existing SAC forces let alone the Atlas and Minutemen of the future. For better or for worse a policy will be made, if not by responsible air staff and Defense Department personnel, then by the technicians at the IIBM Corporation who can and will wire policy into their computers.

5. All of this is but to lead to the breadth of the problems which I believe could be legitimately supported under this project.

6. I submit the following merely as examples of the type of study that I think may be of mutual interest:

a. A study of the limits on authority of a military commander in the field with special reference to the policy limitations of military commanders in future limited war situations. For example, at the height of theuez crisis, Jordan needed gasoline; the military operation was run directly from the Pentagon but it took 21/2 days of administering before a decision was reached. It involved possible over flights of Israel, possible diplomatic repercussion in bringing oil from Arabia to Jordan, etc. Could this have been better handled by the military commander in the theater coordinating with a state department advisor on the scene? You might at first say, what does this have to do with communications, but I think that you can see that if every last administrative detail must be cleared with the Pentagon the Air Force world-wide communications requirement becomes extremely high and indeed is designed and planned in a completely different manner than if local commanders are to have considerable authority in the utilization of their forces.

2

b. An analysis of the effects of ballistic missiles and thermonuclear weapons upon congressional prerogative to declare war, the President's authority as Commander in Chief, etc. The present problems of defining the role of the Commander of the Strategic Air Command, the Joint Chiefs of Staff, and the President in the events leading up to and the initiating of a thermonuclear war are extremely difficult. This is nothing when compared to the policy for delegating authority when and if our strategic force is primarily based upon ballistic missiles. Currently many of the personnel within the Air Research and Development Command, for example, believe that the detection of a large number of signals on the BMEWS radar would automatically result in the firing of Atlas and Titan missiles. "We do have time to ask the President." To merely observe that this should be to ignore the fundamental policy problem which must be solved.

7. These are merely suggestions. I am sure studies of this nature can and should be carried out on a completely unclassified basis. The fundamental matter of these problems can be obtained from congressional hearings and other unclassified sources.

8. I believe that if a contract is to be prepared, it should be for a minimum of one year and possibly an initial contract for 18 months so that subsequent contracts might be concurrent with the school year. Thus you could consider doing some work in the spring term or waiting until fall. I think it wise to carry out some work in the spring term. I think it would be well if you propose the studies which you felt were best suited to the available personnel. I suggest that after you have reached some degree in this regard, you give me a call and we can discuss this further.

P.S. These are "off the top of the head comments", and I would appreciate limited distribution.

LAW SCHOOL
MEMORANDUM

FROM Leach

To Kissinger

Please note attached paper from the U.
of Wis. DPS. Page 1 indicates that
they have a nice simple direct top
organization. Might this be useful on
some occasion?

Keep it; you may need it.

June, 1959

SUMMARY OF ACTIVITIES OF THE NATIONAL SECURITY
STUDIES GROUP AT THE UNIVERSITY OF WISCONSIN

Introduction

The National Security Studies Group at the University of Wisconsin is engaged
in instruction, research and public service. This summary covers these three
major activities.

The group conducts its affairs under the general sponsorship of the Division
of Social Studies; C. P. Runge of the law faculty serves as coordinator and the
Law School provides the administrative basis for the program. Faculty members of
the associated departments cooperate in the teaching, conduct research and direct
related graduate work.

The University budgets for the essential needs to the extent of approximately
$25,000.00 per year, and a grant from the Carnegie Corporation of New York provides
a matching amount for a period of three years. The Carnegie grant is used prin-
cipally for graduate fellowships, faculty research and special research projects.
The immediate staff consists of Mr. Runge as coordinator; Captain Francis W.
Laurent, U. S. Navy Retired, Senior Research Associate; a teaching assistant; an
assistant for bibliography and a stenographer. The group maintains a special
collection of books, periodicals, documents and clipping files.

We do not propose to organize a separate and distinct academic entity in the
field of national security studies. Rather, we plan to maintain a modest, central
staff to support and coordinate the inter-disciplinary interest in national
security affairs and to conduct the joint graduate level seminar. The strength
of the program depends upon the participation of competent faculty members from
the several disciplines in the form of teaching, research and the direction of
graduate students.

PART I -- INSTRUCTION

Two courses were offered by the National Security Studies Group during the academic year 1958-59. One was a two-semester graduate seminar entitled Military Policy and Administration in the Postwar World, attended by senior law students and graduate students in the social studies, the other an undergraduate course entitled National Security Policy. Both courses are listed in the University catalogue under Social Studies; the seminar is also cross-listed under Political Science and Law. The undergraduate course may be assumed by the Department of Political Science or at least cross-listed under Political Science.

The graduate seminar is described in more detail in materials following, including the basic Memorandum to Students describing the course and its requirements, a list of seminar topics and guest lecturers, a survey of study materials available to seminar students with assigned readings noted, and a list of student seminar papers. For the undergraduate course there are included a course outline and a list of readings and study materials.

UNIVERSITY OF WISCONSIN
National Security Studies Group

SEMINAR: MILITARY POLICY AND ADMINISTRATION IN THE POST-WAR PERIOD
(Social Studies 195)
1958-59

UNIVERSITY OF WISCONSIN
1958
1 Sept 1958

MEMORANDUM FOR STUDENTS NO. 1
SEMINAR PURPOSE, ORGANIZATION, AND PROCEDURE

To: Students registered for MP & A

1. Purpose

As you are aware, this seminar is a two-semester study of national security policy and the administrative problems of the defense establishment. We shall examine defense policies primarily from the viewpoint of the civilians in executive positions and from the viewpoint of congressmen.

Defense problems are, of course, the prerogative of no single academic discipline, and we have therefore sought an interdepartmental approach, both in terms of faculty and students. It is further expected that many of the students will have service background and that they may be members of the Reserve components.

2. Time and Place

The seminar will meet in the Burr Jones Room, Law School, at 3:30 Pm on Wednesdays, commencing Wednesday, 17th September 1958. Lectures by distinguished guests will be held in Room 101 Law to allow interested members of the University community to attend, but the seminar will move to the Burr Jones Room for the closed discussion period.

3. Staff

The following comprise the staff of the Military Policy and Administration Seminar, and they may be reached at the places and the telephone listings noted:

Coordinator - Professor Carlisle P. Range, Law School, Univ. Tx. 3340

Assistant to Coordinator - Mr. Justin C. Smith, Days Univ. Tx. 3340

Sve. 7-2047

Assistant for Bibliography - Mr. William L. Petrowski G-3265

4. Topics to be Considered

Annex "A" attached is a schedule of the subjects to be covered during the first semester of the seminar. You will note that the first sessions are devoted to background material and that the balance of the year is given over to a consideration of policy and administrative problems. Students will report during the last sessions of the fall and spring semesters. Scheduled dates may be changed in some cases, if required by the prior commitments of guest speakers.

Something more than half of the subjects will be treated by resident members of the faculty. In addition, we plan to bring to the campus leading figures in defense affairs from the executive departments and from academic circles.

UNIVP&A No. 201

1 Sept 1958

## Collective Security - A Strategy for EAU.

At the session where their topic is considered, the team will be
responsible for conducting the initial questioning of the lecturer.

Since the teams will be designated, and topics assigned immediately
after the first meeting (17 September, 1958) you are advised to pursue the
course schedule and pick out at least three areas of interest, in order of
choice, and advise Mr. Smith accordingly so that the topics may be assigned by
the second meeting.

### (b) Research Papers

The primary team task for the year will be the preparation of a
research report. Each team will be designated as the "research staff" for a
senior executive officer of the government and will prepare a report dealing
with a major national security problem for the consideration of such officer.
Assignments will be made as soon as possible in order that research may be
started immediately. A draft of the paper will be due by the end of the first
semester.

At the election of the students involved, research papers may be done
on an individual basis. A staff member will be assigned to each project and
teams or individuals will review pertinent bibliography and source materials
with the staff member early in the first semester. In certain areas, the
purchase of basic work in addition to those noted on page 2, may be indicated.

## 7. Supplementary Reading

The group currently subscribes to leading newspapers and selected
periodicals which form the basis for the clipping file. Clippings of interest
will be posted on the seminar board. The clipping files from previous years
are also available in the Burr Jones Room.

### (a) Study Group Library

We are currently expanding the study group's library of books,
periodicals and documents available in the Burr Jones Room. Bibliographed
guides will be issued shortly covering materials available in the Burr Jones
Room, the Law Library, the Memorial Library and the State Historical Library.

Each student is encouraged to follow one metropolitan newspaper and one
leading periodical as a part of his normal reading assignment.

## 8. Notices

Assignments of interest to the seminar will be posted on the third year
Law School Assignment Board, adjacent to the library in the Burr Jones Room,
Law School.

UWMP&A No. 210
Revision No. 2
May 20, 1959

COURSE SYLLABUS FOR ACADEMIC YEAR 1958-1959

| Session | Topic-Speaker                 |
| :------ | :---------------------------- |
| 1       | Orientation and an Introduction to the Nature of Deterrence. Assistant Dean C. P. Runge, Coordinator, National Security Studies Group, and Justin C. Smith, Instructor in Law. |
| 2       | The Foreign Policy of the United States and its Western Allies. Mrs. Carol Edler Baumen, Instructor in Political Science and Project Associate. |
| 3       | The Foreign Policy of the Soviet Union and Communist China. Professor John A. Morrison, Department of Geography, University of Wisconsin, formerly Deputy Chief, USSR Division, Research and Analysis Branch, OSS, 1941-1945. |
| 4       | International Communism: Policy, Techniques and Operations. Inspector William C. Sullivan, Federal Bureau of Investigation, Washington, D. C. |
| 5       | Department of Defense Organization and the Concept of Civilian Control. Assistant Dean C. P. Runge, Coordinator, National Security Studies Group, and Mr. Francis W. Laurent, Captain, U.S.N. Retired, Research Associate. |
| 6       | The Joint Chiefs of Staff and the Operating Forces. Assistant Dean C. P. Runge, Coordinator, National Security Studies Group. |
| 7       | Executive Organization for Integration of Political, Economic and Military Policy. Professor James L. McCamy, Department of Political Science. |
| 8       | Congress and the Formation of National Security Policy. Dr. Edward Katzenbach, Brandeis University, sometime Director, Harvard Defense Studies Program. |
| 9       | The Role of the Three Armed Services. Assistant Dean C. P. Runge, Coordinator, National Security Studies Group; Francis W. Laurent, Esq., Capt. U.S.N. Retired, Research Associate; Mr. Robert R. Williams, Brig. Gen. U.S.M.C. Retired. |
| 10      | The Scientific Community and the Defense Effort. Dr. Ragnar Rollefson, Chairman, Department of Physics, sometime Chief Scientist, United States Army. |

2.

| Session | Topic - Speaker | Description |
|---|---|---|
| 11 | Budget Procedure and Fiscal Controls. | Professor William H. Young, Chairman, Department of Political Science. |
| 12 | Military Policy and National Strategy. | Dr. Louis Morton, Deputy Chief Historian, Department of the Army. |
| 13 | The Great Debates: Strategic Deterrence vs. Capability for Limited Operations. | Dr. Louis Morton, Deputy Chief Historian, Department of the Army. |
| 14 | The Role of the Army in the Thermonuclear Age. | Dr. Louis Morton, Deputy Chief Historian, Department of the Army. |
|  | END OF FALL SEMESTER |  |
| 15 | Conference on Diverse Systems of World Public Order. | Regional Meeting of the American Society of International Law, sponsored in part by the National Security Studies Group. Speakers: Professor Richard R. Baxter, Law School, Harvard University; Professor Quincy Wright, Law School, University of Virginia; Bruno V. Bitker, Esq., State Bar of Wisconsin. Also, International Security Arrangements. | Professor Normal Gibbs, Chichele Professor of War, All Souls College, Oxford University. |
| 16 | The Mission of the Office of Civil and Defense Mobilization. | Phillip C. Baldwin, Esq., Assistant General Counsel, Office of Civil and Defense Mobilization, Washington, D. C. |
| 17 | The Role of the United States Navy in Submarine Warfare and Anti-Submarine Warfare. | Captain N. H. Ward, Commander H. G. Bradshaw, Office of the Chief of Naval Operations. |
| Open to Seminar Participants | Third Annual Institute on United States Foreign Policy. | Sponsored by Milwaukee Foreign Policy Association and University of Wisconsin-Milwaukee, with cooperation from the National Security Studies Group. Speakers: Mrs. Eleanor Lansing Dulles, Special Assistant to the Director, Office of German Affairs, Department of State; Paul Henry Nitze, President, Foreign Service Educational Foundation, Director of Foreign Policy Association, Director of the United States State Department Policy Planning Staff under former Secretary of State Dean Acheson. |
| 18 | Strategic Forces in Transition. | Major General Edwin D. Broadhurst, Chief of Staff, Strategic Air Command. |

3.

| Session | Topic - Speaker |
|---|---|
| 19 | Domestic Economic Base. Professor Peter Steiner, Department of Economics, sometime Consultant to the Rand Corporation. |
| 20 | International Economic Cooperation. Professor Paul Ellsworth, Department of Economics, sometime Consultant to the World Bank. |
| 21 | An Appreciation of the DOD Budget for FY 1960. Assistant Dean C. P. Runge, Law School, Coordinator, National Security Studies Group. |
| 22 | Strategy for the West Reappraised. Dr. Roger Hillsman, Deputy Director for Research, Legislative Reference Service, Library of Congress. |
| Open to Seminar Participants | The Berlin Crisis. Resident seminar sponsored by the Bureau of Government, University of Wisconsin, and the Johnson Foundation, Racine, Wisconsin, with cooperation from the National Security Studies Group. |
| 23 - 30 | Student Reports |

NATIONAL SECURITY STUDIES GROUP
SEMINAR: MILITARY POLICY, AND ADMINISTRATION IN THE POSTWAR WORLD
Social Studies 195

Study Materials

1. Basic Texts (Purchase required)

Finletter, Thomas, *Foreign Policy, The Next Phase*, 1958.

Osgood, Robert, *Limited War, 1957*.

Garthoff, Raymond, *Soviet Strategy in the Nuclear Age*, 1958.

2. Books in National Security Studies Group Library

Students were assigned readings covering part or all of the books listed below. The Studies Group library, located in the seminar meeting room, contains perhaps four times as many volumes, and the facilities of the University's Memorial Library and of the Library of the State Historical Society are available for research. An extensive bibliography is issued each year as an aid to student research.

Required readings were assigned in the following books and pamphlets:

Acheson, Dean, *Power and Diplomacy*, 1958.

Bush, Vannevar, *Modern Arms and Free Men*, 1949.

Committee for Economic Development, *Soviet Progress vs. American Enterprise*, 1958.

Committee for Economic Development, *The Problem of National Security: Some Economic and Administrative Aspects*, 1958.

Finletter, Thomas K., *Power and Policy: U. S. Foreign Policy and Military Power in the Hydrogen Age*, 1954.

Furniss, Edgar S., Jr., *American Military Policy: Strategic Aspects of World Political Geography*, 1957.

Galloway, George B., *The Legislative Process in Congress*, 1953.

Gavin, James M., *War and Peace in the Space Age*, 1958.

Huntington, Samuel P., *The Soldier and the State: The Theory & Politics of Civil-Military Relations*, 1957.

Huzar, Elias, *The Purse and the Sword: Control of the Army by Congress through Military Appropriations 1933-1950*, 1950.

Kaufman, William W., *Military Policy and National Security*, 1956.

Kintner, William R., *Forging A New Sword: A Study of the Department of Defense*, 1956.

Kissinger, Henry A., *Nuclear Weapons and Foreign Policy*, 1958.

Knorr, Klaus, *The War Potential of Nations*, 1956.

Lee, Asher, *Air Power*, 1955.

Lincoln, George A., *Economics of National Security: Managing America's Resources for Defense*, 1954.

Miller, Helen H., *Needed, A Civilian Reserve, NPA Planning Pamphlet 86*, 1954.

Mosher, Frederick C., *Program Budgeting, Theory and Practice*, 1954.

O'Brien, Terence H., *Civil Defense, RAMO*, 1955.

Overstreet, Harry and Bonaro, *What We Must Know About Communism*, 1958.

Rand Corporation, *Report on a Study of Non-military Defense*, 1958.

Seminar Study Materials -- 2.

Rockefeller Brothers Fund, *International Security - The Military Aspect*, 1958.

Slessor, Sir John, *The Great Deterrent*, 1957.

Slessor, Sir John, *Strategy For The West*, 1954.

Smithies, Arthur, *The Budgetary Process In The United States*, 1955.

Sprout, Harold and Margaret (Eds.), *Foundations of National Powers: Readings on World Politics and American Security*, 1951.

Stanley, Timothy W., *American Defense and National Security*, 1956.

Stimson, Henry L. and Bundy, McGeorge, *On Active Service In Peace and War*, 1947.

Stockwell, Richard E., *Soviet Air Power*, 1956.

White, Howard, *Executive Influence In Determining Military Policy In The United States*, 1925.

### 3. U. S. Government Documents

Emphasis is put on student use of Congressional materials, including Senate and House appropriations hearings and reports for such activities as the Department of Defense and the Mutual Security program; special hearings such as the Symington "Study of Airpower" and the Johnson subcommittee "Inquiry Into Missile and Satellite Programs"; and special committee prints. Since the Law Library is a depository for government documents, pertinent documents are placed with the Group's collection in the seminar meeting room in the Law School's library wing.

Enough copies of specially useful Congressional documents are secured to allow Issue to students; Senate Hearings on Department of Defense appropriations and the 1957 House Document 100, "United States Defense Policies Since World War II" are among the materials so distributed.

Non-Congressional Government documents placed in the Group's collection include such items as the Federal budget, State Department publications on the Mutual Security and other programs, and the reports of such groups as the Hoover, Cordner and Draper committees. Copies of the *Army Information Digest* issues containing articles on "The Army in 1962" were distributed to students.

### 4. Non-U. S. Government Documents

Non-U. S. Government documents in the Group's collection include, among others, documents from the Rand Corporation, the Association of the United States Army, the Committee for Economic Development, NATO, the National Planning Association, and the Foreign Policy Association. A collection of British White Papers on Defence and Defence Statistics from 1954 to date is maintained.

The Group has several sets of the mimeographed serials published by the Harvard Defense Studies Program, which have been of great value. Harvard serials issued to students have included, among others, "The Job of the Service Secretary" by Professor W. Barton Leach, "The Budgetary Process and Defense Policy" by Professors Leach and Ransom, and "The Pentagon and the Hill" by Professor Katzenbach.

Studies on United States defense organization by Captain Francis W. Laurent, USN, Retired, Senior Research Associate of the Group, have been distributed to students.

Seminar Study Materials -- 3.

## 5. Periodicals

The Group maintains subscriptions to *Air Force*, *The Air University Quarterly*, *Armed Forces Management*, *Army*, *The Bulletin of the Atomic Scientists*, *The Economist*, *Foreign Affairs*, *Intelligence*, *International Affairs*, *Military Affairs*, *The Military Review*, *Missiles and Rockets*, *Orbis*, *Ordnance*, *The Reporter*, *The Royal United Service Institution Journal*, *U. S. Naval Institute Proceedings*, *Western World*, *World Politics*, and *French, German and Russian periodicals*. Other periodicals are available in the University's Memorial Library. A bibliography of some 450 selected articles relevant to national security studies, compiled by Captain Francis W. Laurent, USN, Retired, Senior Research Associate, was distributed to students in September, 1958 as an aid in research.

The following articles were required to be read by seminar students during the academic year 1958-1959:

Acheson, "The Illusion of Disengagement" 36 *Foreign Affairs* 371 (Apr., 1958).

Anderson, "The President and National Security" *Atlantic Monthly* (Jan., 1956).

Brodie, "The Anatomy of Deterrence" 11 *World Politics* 173 (Jan., 1959).

Cutler, "The Development of the National Security Council" 34 *Foreign Affairs* 441-458 (1956).

Deutscher, Isaac, "Moscow, Peking, and Arab Nationalism" Reporter (Sept. 5, 1959).

Dillon, "U. S. Foreign Economic Policy" *Department of State Bulletin* (March 31, 1958).

Eliot, "Sea-Borne Deterrent" 82 *U. S. Naval Inst. Proc.* 1143 (1956).

Fox, "Civilians, Soldiers, and American Military Policy" 7 *World Politics* 402-418 (1955).

Galantin, "The Future of Nuclear Powered Submarines" 84 *U. S. Naval Inst. Proc.* 23 (1958).

Katzenbach, "Information as a Limitation on Military Legislation" 83 *J. of Int. Affairs* 196-205.

Katzenbach, "The Pentagon's Reorganization Muddle" Reporter (May 15, 1958).

Kaufman, "The Crisis in Military Affairs" *World Politics* 579-603 (Jul., 1958).

Kennan, "Disengagement Revisited" *Foreign Affairs* (Jan., 1959).

King, "The Berlin Controversy: What Are We Prepared to Defend?" *New Republic* (April, 1959).

Leach, "American Problems of Forces and Organization" *Royal United Service Institute J.* (Feb., 1957).

Livingston, "Decision Making in Weapons Development" *Harvard Bus. Rev.* (Jan., Feb., 1958).

Nitze, "Atoms, Strategy and Policy" 34 *Foreign Affairs* 187-198 (1956).

Orem, "Shall We Junk the Joint Chiefs of Staff?" 84 *U. S. Naval Institute Proc.* 57-60 (1958).

Patterson and Furniss, "NATO: A Critical Summary" Report on a Conference, Princeton, 1957.

Perkins, "Administration of the National Security Programs" 13 *Pub. Admin. Rev.* 80-86 (1953).

Rollefson, "Why So Many Missiles" 13 *Bull. of the Atomic Scientists* 295-301 (1957).

Salter, "Economic Strategy for the West" 36 *Foreign Affairs* 612-632 (1958).

"Science and Military Strategy" *Bull. of the Atomic Scientists* v. 12 (May, 1956) (entire edition).

Silberman, "The Economic Impact of Defense" *Fortune* (June, 1958).

Shulman, Marshall D., "Changing Appreciation of the Soviet Problem" 10 *World Politics* 499-511 (1958).

Seminar Study Materials -- 4.

Speak, "The West in Disarray" *Foreign Affairs* (Jan., 1957).

Strausz-Hupe, Robert, "Protracted Conflict: A New Look at Communist Strategy" 2 *Orbis* 13-38 (1958).

6. Newspapers

The Group subscribes to The New York Times, The Washington Post and Times Herald and The Manchester Guardian. Items pertinent to national security studies are clipped and filed for use in research, while items of particular relevance to a seminar session may be copied for distribution to students.

STUDENT PAPERS FOR MILITARY POLICY
AND ADMINISTRATION SEMINAR, 1958-59

Student papers written during the 1958-59 academic year included the follow-
ing titles:

The Defense Budget and Fiscal Controls.

A Dynamic Doctrine for the Cold War.

The Protracted Conflict.

Russia's Economic Offensive.

Budgetary Controls and the Department of Defense.

The United States Reply to Russia's Current Economic Offensive.

Research and Development: The Role of the Scientific Community.

A Reappraisal of NATO Strategy.

The Air Defense Weapons Controversy.

Civil-Military Relationships in France.

A Reappraisal of United States Relations With Communist China.

India's Participation in United Nations Programs.

Indian Security Problems.

Tort Liability Problems Arising Out of the Civilian Use of Atomic Energy.

American Foreign Assistance Programs.

The Berlin Crisis.

The Lebanese Crisis.

The Office of Civil and Defense Mobilization.

UWMP&A 232

# NATIONAL SECURITY POLICY

## Social Studies 150
(One Semester)

### Course Outline

1. **Traditional American Attitudes Towards The Use of Force:** The American aversion to professional military institutions and the deliberate use of force to secure political objectives; morality militant as a national policy guiding the use of force.

2. **National Sources Of Power:** A comparison of Western and Communist economic and production resources; man power and social philosophies; a consideration of geographic factors influencing grand strategy.

3. **Totalitarian Threats To American Security:** The "protracted conflict" policy of the Communist powers observed in Soviet and Chinese Communist operations since 1945.

4. **Strategic Objectives And Plans:** The containment of international communism through counter-posing political, economic and social strength in the western and neutral states, secured by forces to deter or punish total military aggression and forces capable to deny limited military incursions.

5. **Organization For Defense:** The constitutional division of responsibility, president - congress; the coordination of policy within the executive departments; the current organization of the military establishment.

6. **The Impact Of Technology On Military Planning:** The prodigious accomplishments of modern technology, for example, nuclear energy and rocketry; effects on weapon systems and supporting services; the impact on military forces and doctrine; the related matters of cost, lead time, obsolescence and duplication of effort.

7. **Civil Defense At The Federal And State Levels:** The Office of Civil and Defense Mobilization, the National Plan and proposed Survival Plan and legislation for the State of Wisconsin. (One class session was spent at the Assembly Judiciary Committee hearing on the proposed legislation.)

8. **U.S. Relations With International Organizations:** The U. S. role in United Nations matters related to the maintenance of peace and world order; the U. S. as the principle power in regional security arrangements, NATO, SEATO, Baghdad Pact.

9. **Contribution Of The Mutual Security Program:** The American effort to build positions of military and civil strength in allied and neutral nations by means of military, economic and technical assistance, loans, investments and cultural programs.

10. **University Of Wisconsin Extension Division's Conference On Berlin Crisis:** This conference, held at Madison May 22 and 23, 1959, included addresses by Dr. Hans Morgenthau, Dr. Hans Speler, Dr. Roger Hillsman and Professor C. P. Runge, on policy and military aspects. Attendance by students required.

UWMP&A 253

# NATIONAL SECURITY POLICY

## Social Studies 150
Study Materials

### 1. Basic Text

Mills, Walter -- Arms and the State

### 2. Books and Documents on Reserve (Selected Excerpts)

Acheson, Dean -- Power and Diplomacy

Bush, Vannevar -- Modern Arms and Freedom

Finletter, Thomas K. -- The Next Phase

Furniss, Edgar S. -- American Military Policy

Garhoff, Raymond L. -- Soviet Strategy in the Nuclear Age

Huntington, Samuel P. -- The Soldier and the State

Kaufman, William W. -- Military Policy and National Security

Kissinger, Henry A. -- Nuclear Weapons and Foreign Policy

Lincoln, George A. -- Economics of National Security

Moore, Ben T. -- NATO and the Future of Europe

Osgood, Robert Endicott -- Limited War

Slessor, Sir John -- The Great Deterrent

Sprout, Harold & Margaret -- Foundations of National Power

Stimpson, Henry L. & Bundy, McGeorge -- On Active Service in Peace and War

The Mutual Security Program -- (Dept. of State; Dept. of Defense; International Cooperation Administration)

The North Atlantic Treaty Organization -- (NATO Handbook) Pub. by The North Atlantic Treaty Organization Information Service

Facts About NATO -- pub. by The North Atlantic Treaty Organization Information Service

### 3. Articles and Documents Assigned or Distributed

Kennan, George F. -- Disengagement Revisited -- Foreign Affairs Jan. 1959

Bloomfield, Lincoln P. -- The U.N. and National Security -- Foreign Affairs July 1958

Strausz-Hupe, Robert -- Protracted Conflict: A New Look At Communist Strategy -- Orbis Spring 1958

King, James E., Jr. -- The Berlin Controversy: What Are We Prepared To Defend? -- New Republic April 1959

Ward, Barbara -- Now the Challenge of an Economic Sputnik -- New York Times Magazine Feb. 1959

Montgomery, Field-Marchall The Viscount -- The Present State of the Game in the Contest Between East and West, and the Future Outlook -- excerpts from address before Royal United Service Institution, October 24, 1958

Hillman, Roger -- Strategy for the West Reappraised -- paper before the Military Policy and Administration Seminar April 1959

Laurent, Francis W. -- The Department of Defense -- March 1959

Laurent, Francis W. -- Continuity of Government in the Nuclear Age -- May 1959

Excerpts from Civil Defense in Western Europe and the Soviet Union -- Report of the House Committee on Government Operations, April 1959

Excerpts from the Congressional Record March 9, 1959 -- State of the Nation's Preparedness

Interim Report -- The President's Committee To Study the United States Military Assistance Program -- March 17, 1959

# PART II -- RESEARCH PROJECTS

As an important part of its program for fostering defense-oriented studies, the National Security Studies Group has sponsored research projects in several Departments of the University of Wisconsin, including the Law School and the Departments of History, Political Science and Economics. In addition to four special studies, two masters' and six doctoral dissertations will have been commenced by the early part of the academic year 1959-60. Completion dates for the studies sponsored by the Group extend from the summer of 1959 through the first half of 1961. Studies in progress are briefly outlined below and in addition special projects being carried on in the field of defense studies but not sponsored by the Group are described, including two studies by Professors of Law and one thesis for the Master of Arts in Political Science.

The Group will publish selected parts of the research products in the form of multithreaded monographs.

## PROJECTS SPONSORED BY THE NATIONAL SECURITY STUDIES GROUP

### Organization for Military Defense of the United States, 1989-1959.

This study by Francis W. Laurent, Captain, U. S. Navy, Retired, Senior Research Associate was prepared primarily for the purpose of making available to graduate students, administrators and others a condensation of the large body of information relating to the organizational development of the various components of the Department of Defense (i.e., the military departments, offices and bureaus at the seat of government, the combatant forces and the supporting military installations). Factors in organizational planning over the years are listed and analyzed in the initial chapter. Some proposed alternative arrangements are discussed in the concluding chapter. Now in final draft form, the monograph consists of ten chapters, a preface, and detailed notes. It is planned to publish about 200 copies, of which about half will be reserved for students at the University of Wisconsin; the remainder will be distributed to universities, colleges and other institutions having programs in the national security policy field.

### North Atlantic Treaty, Political Consultation and Policy Coordination

This study, a post-doctoral project by Mrs. Carol Edler Baumann, Research Associate, examines political consultation and policy coordination within NATO, including description of the development of these processes and analysis of their operation, successes and failures in recent years. The study is scheduled for completion during the summer of 1959.

### Bundeswehr, Federal Republic of Germany: West German Rearmament, Strategy and Tactical Doctrine Related to NATO Strategy.

This study, by J. L. Bernheim, Esq., Attorney at Law and military intelligence specialist during and since World War II, will examine the reararmament program of the Federal Republic of Germany and make a general appreciation of the German military effort. German policy on Western European strategy and German tactical doctrine relative to the forward "shield" in West Germany will be investigated and analyzed, considering both official positions and the views of competent private authorities. German strategic policy and tactical doctrine will be compared to NATO pronouncements on these matters. The study will be completed by early 1960.

Part II -- 2.

Strategic Implications of the U. S. Army's Status of Equipment.

This study, by Professor Carlisle P. Runge, Coordinator of the National
Defense Studies Group, will be carried on largely in Washington during the academic
year 1959-60. It will investigate the Army's inventory of equipment available
and programmed, as compared to the types of equipment developed for production and
the levels of equipment required for effective operations. This issue will be
considered in historical perspective, intra-executive and executive-congressional
positions will be examined, and the findings will be related to overall national
security policy.

North Atlantic Treaty, Status of Forces Agreement: Operation of the Non-criminal Provisions in the United Kingdom.

This study, by Zigurds L. Zile, Law Fellow, is a dissertation for the degree of Master of Laws, and surveys the growth of a segment of international law through mutual accommodation, from the point of view of the United States. It stresses the role of pre-established procedures in the prevention and resolution of differences. The study will be completed by August 15, 1959.

Civil Defense, Legal and Constitutional Aspects.

This study, by William K. Chipman, Law Fellow, is a doctoral dissertation in the Law School. It examines such issues as state-Federal relationships and the role of the military acting in aid of the civil authority in the light of a thorough consideration of nationwide attack effects, physical, economic and social, and of the operational requirements thereby posed. A fairly intensive comparative study of British civil defense will be included; this is instructive since while British preparations are inhibited by lack of funds, they do not encounter the further obstacles found in this country of state-Federal division of authority and of a populace which has not had experience of hostilities on this continent since the Civil War. The British study should be published as a National Security Studies Group monograph by September, 1959, and the entire project completed by spring, 1960.

Profits in Defense Industry.

This study, by Richard Pollock, Economics Fellow, will be a doctoral dis-
sertation in the Department of Economics. It will deal with problems arising out
of defense expenditures and government control in the context of an otherwise
market-oriented economy. Defense and non-defense industry profit levels and dif-
ferentials will be evaluated as to their effects on the nature and extent of the
defense effort by the private sector of the economy. Inquiry will be made into
alternative contract and tax devices for securing profit levels which will provide
equitable and effective incentives for defense work in the private sector, with-
out unduly distorting normal market relationships. The study should be completed
in August, 1960.

Command Systems in the Union and the Confederacy.

This study, by Stephen E. Ambrose, History Fellow, will be a doctoral disser-
tation in the Department of History. He will examine the development of systems
of command in both the Union and Confederacy, paying particular attention to the
specific needs of the two nations and the degree to which the military were able
to integrate their command system with prevailing social movements. The study is

Part II -- 3.

hoped to demonstrate the truth of Clausewitz's dictum that a society, to wage war successfully, must erect a military structure in line with the traditions of the society; it is hoped to show that the North complied with this requirement, while in the South the military tried to copy contemporary Northern command arrangements instead of developing systems better adapted to a planter-dominated society. The concluding chapter will discuss command systems in general, with reference to current American problems. Basic research has been proceeding for some five years; specific research will begin in June, 1959 and the project should be completed by June, 1961.

## Pearl Harbor and War Plan ORANGE.

This study, by William R. Petrowski, History Fellow, will be a doctoral dissertation in the Department of History. It will trace the establishment and development of Pearl Harbor as the principal American naval base in the Pacific Ocean and relate this development to the various ORANGE war plans. It will discuss the reactions of local commanders to the several plans, examine differences between the Army and Navy over the plans, and relate the plans to contemporary politics. It is hoped that the major sources for this study will be the papers of the Joint Army-Navy Board. Specific research should begin in September, 1959 with completion scheduled for the academic year 1960-1961.

## Further Doctoral Dissertations in Political Science.

In addition to the four doctoral dissertations just discussed, two more should be finally defined and research commenced in the academic year 1959-1960. These will include projects in the Department of Political Science by George Rueckert on aspects of German rearment, to be carried on in Germany, and by John Lovell on aspects of comparative United States and British defense policies since World War II, and their interactions.

## Revaluation of U. S. Foreign Policy Goals and the Means to Achieve Them.

This study, by Brig. Gen. Robert H. Williams, USMC, Retired, is a dissertation for the degree of Master of Arts in Political Science. Starting with certain basic assumptions with respect to Communism and the Communist Bloc and to the fundamental interests and aspirations of the American people, this paper examines the usefulness and validity of the policy of containment and its supporting means of deterrence. It finds them to have been effective in preserving the status quo and preventing nuclear war thus far, but finds the mere preservation of the status quo unsatisfactory as an ultimate goal. A higher goal is suggested for which means other than military instruments must be employed. The thesis is scheduled for completion during the summer of 1959.

## PROJECTS IN THE DEFENSE STUDIES AREA AT THE UNIVERSITY OF WISCONSIN BUT NOT SPONSORED BY THE NATIONAL SECURITY STUDIES GROUP

### Procurement Law Related to Research and Development.

This study, by Professor John Whelan of the Law School, will revise the portion of the Army Judge Advocate General's School textbook dealing with research and development procurement. The study will discuss background, organization, methods by which research support is provided and development purchased, and current problems. This study, which is not sponsored by the National Security Studies

Part II -- 4.

Group, but rather by the Judge Advocate General's School as a Reserve activity of Professor Whelan, a former member of the School faculty, should be completed in the summen-of 1959.

A New Look at the Law of War: Limited War and Field Manual 27-10.

This paper by Professor Gordon B. Baldwin of the Law School was published in the April, 1959 issue of the *Military Law Review*, and discusses the role of the "Law of Land Warfare" in the context of the operations of so-called limited war.

Basic Factors Influencing Development of United States Defense Policy since the Second World War.

This study by Lt. Bill D. McCann, U. S. Air Force and a former student of the Military Policy and Administration Seminar, was submitted as a thesis for the degree of Master of Science (Political Science) in June, 1959. It discusses total war and the emphasis on air power and on economy in defense, and concludes, among other things, that the United States has not had adequate doctrine or budgets for "limited war" operations.

## PART III -- PUBLIC SERVICE ACTIVITIES OF THE NATIONAL SECURITY STUDIES GROUP

Due to its possession of specialized knowledge and other resources, the National Security Studies Group has been called upon to render various services outside the academic field. These have included the formulation of state legislation making more effective provision for continuity of government after enemy attack on the United States, lectures on military policy at adult education meetings sponsored by the University of Wisconsin Extension Division, and participation in the planning and work of conferences assembled to consider national policy questions.

### Civil Defense Legislation

During the academic year 1958-59 the Group participated in the work of preparing and explaining a series of bills (eight in number) pertaining to the problem of continuity of government in Wisconsin, an aspect of civil defense. The project had been assigned to the Advisory Committee on War Emergency Legislation; and personnel of the Group served either as members of or advisors to the Committee. The following are the subjects of the bills:

(1) Creation and operation of civil defense organization and administration of civil defense and related programs;

(2) Protection and preservation of essential public records;

(3) Designation of an emergency temporary location for the seat of government of the state and provision for the exercise of governmental powers thereat;

(4) Authorization for counties and municipalities to establish emergency temporary locations for the exercise of their governmental powers;

(5) Amendment of the Constitution to empower the Legislature to provide for continuity of civil government in case of enemy action in the form of an attack;

(6) Authorization for counties and municipalities to provide for succession to office, in cases not covered by the Constitution, in the event of enemy action in the form of an attack;

(7) Provision for pre-attack designations of "emergency interim successors", so as to achieve essentially automatic continuity of the Legislature; and

(8) Provision for succession to offices other than those of legislators, in the several branches of government, in the event of enemy action in the form of an attack.

### Adult Education in National Policy Problems

The University of Wisconsin Extension Division conducts adult education classes for the consideration of national policy problems, and Professor C. P. Runge, the coordinator of the National Security Studies Group, serves on the panel of lecturers assigned to this activity. During the academic year 1958-59 he lectured on the subject of national strategy before groups at Appleton, Neenah and Janesville.

### Institute on Germany

The University of Wisconsin Extension Division was one of four sponsors of the Third Annual Institute on United States Foreign Policy, held at the Student

Part III -- 2.

Union of the University of Wisconsin-Milwaukee on February 21, 1959. Professor Runge served as a member of the planning committee. The theme of the meeting was "Focus on Germany". Speakers Included. Paul Nitze, Mrs. Eleanor Lansing Dulles, and Henry Reuss, Member of the House of Representatives.

## Conference on the Berlin Crisis

Professor Runge was one of the participants in a three-day conference on the Berlin crisis sponsored by the University of Wisconsin Extension Division and held at the Wisconsin Center, Madison, on May 21-23, 1959. He spoke on "Review of the Military Factors in the Berlin Situation". Other speakers Included Dr. Hans Speler, Dr. Hans Morgenthau, Dr. Roger Hillsman, and Professor George Mosse, as well as representatives of the Departments of State and Defense.

## Proposed Civil Defense Seminar

Plans and other preparations are being made for a two-day resident seminar on problems of civil defense in Wisconsin, regarded in the context of national strategy and national civil defense policies. The seminar, to be jointly sponsored by the National Security Studies Group and the University of Wisconsin Extension Division, has been tentatively scheduled to be held at Madison, Wisconsin from October 1-3, 1959. Participants would include some 45 persons active in public life in Wisconsin, 15-20 members of the University and State Government staffs active in civil defense matters, and some 20 guests from OCDM, the Rand Corporation, the Services, and academic defense studies groups. Addresses and discussion sessions would cover such areas as physical effects of a nation-wide attack, social effects of such an attack, the relation of civil defense to national strategy, constitutional problems of Federal operational control, Federal Government support of state programs, civil defense tactics, the military and civil defense, civil defense in Western Europe, and civil defense planning and legislation in Wisconsin.

## University of Wisconsin Curriculum Planning - ROTC and Officer Training

The University Committee was asked to make a study of the ROTC program at the University of Wisconsin and to report to the President, the scope of the study to include consideration of the most desirable kind of education and training for military officers, for either reserve or career service. Professor Runge, among others, was requested to assist the University Committee, his assistance including general advice and counsel and indicating what resources of the National Security Studies Group might be employed to supplement the military education program at the University of Wisconsin. The Report of the University Committee, released on May 19, 1959, indicated that the course content of military education could be substantially improved by utilizing such academic resources as those of the National Security Studies Group.

LAW SCHOOL
MEMORANDUM

FROM Leach
To Kissinger

Here are the three men interested in
Aeroject -- and presumably in other types
of work connected with defense.

I would clearly exclude Menkick as a
possibility for a teaching fellow job.

As to Johnson I would have to look
him over. His academic record is
respectable but not brilliant. However,
it is as good as the record of Berry and
Ballard, both of whom turned out well. It
is not as good as the record of Stanley who,
of course, is the best teaching fellow
we've had.