education. Dean Manning will point out how part B, "Improven of Graduate Programs," title III of the Higher Education Am ments of 1968 could facilitate this process were it interprete amended to include legal education, which we consider a part of g uate education.

Besides being concerned with providing the means by which deserving students interested in law as a career can have the op tunity to pursue its study and the increasing research responsibi just mentioned, legal educators are reassessing the fairly uniform riculum and pedagogy which has characterized legal education more decades than most of us care to admit.

CURRICULAR DESIGN

The possibility of law schools pursuing somewhat different ed tional missions and employing markedly different curricular desig being discussed. In addition, there exists the belief that the growth of knowledge relevant to the law makes it essential that teaching techniques, such as programed and computer-assisted ins tion, closed-circuit television and a variety of audio-visual device adapted to legal education.

To do this, new working arrangements between law schools and universities of which they are a part, as well as between law sch will be needed. It is our hope that the provisions establishing the works for knowledge, title IX of the amendments, and the amendm providing for grants for laboratory and special equipment, will assistance in this respect. Carefully supervised clinical experience is another instructional technique to which considerable attenti being given. Prof. William Greenhalgh will speak of this. Ever traditional examination for the bar is not escaping scrutiny. N believe that other means to establish the competence of indivi wishing to practice law should be developed.

In sum, legal education is on the move. The extent to which i realize its dream depends, not only upon the talent and desire of student, teacher, and administrator involved, but also on the exte which resources necessary to carry on the work are made availab

Traditionally, legal education has been inexpensive education this cannot continue to be the case if the plans I have sketched & be implemented. To conduct the kind of programs I have touched many schools will require enormous increases in their research instructional budget. Only a few, without substantial Governmen will be able to achieve these increases. All this recently was recog by the report of the American Assembly on Law and the Cha Society where it was said, "Financial sources now available t schools are inadequate. Additional financial support is required government, foundations, corporations, the legal profession, and sources."

LAW LIBRARY NEEDS

Prof. Morris Cohen will describe the manner in which certain library needs of law schools can be met through title II of the H Education Amendments of 1968.

Dean Scarlett and Dean Lockhart will outline other respects in the resource needs of law schools can be met in part through the ment of the amendments.

In addition, the program of grants and fellowships to improve the education of students in preparation for government and other public service is of great potential importance in the field of legal education, ich is so peculiarly aimed at such training. Dean McKay will describe the extent to which legal education has been neglected by private foundations and the resulting need for governmental assistance. In concluding this introduction to the testimony that those acpanying me will give, let me point out that the management of the Federal participation in higher education would be enhanced if er education were more adequately represented in the various counommittees and boards through which policy is established. It is arten'arly important that the Advisory Council on Graduate Eduaton to be established by section 1001 of title X of the Higher Eduon Amendments of 1968 have representation from legal education, wane legal education is a part of graduate instruction.

The Higher Education Amendments of 1968 should be enacted; all er education, including the law schools, will benefit therefrom. It is clear, however, that this will not provide all the resources that education in the formative period that lies immediately ahead require. It is a step, but only a step, in the right direction. As Lendorse it.

Senator MORSE. Thank you very much, Professor Sneed, for a very introduction. Your prepared statement will appear in the record is point.

You may proceed, Dean Manning. We are glad to have you.

Mr. MANNING. It is a great pleasure to be here. I am Bayless Manning, dean of the Law School at Stanford University. I would to speak quite informally and very briefly, essentially to two * I do so, I may say, with some trepidation. The implicit sug

that anyone on this panel has something to add to what the yor already knows from his earlier experience as a law school at is one which I find difficult to accept. So we are really speaking ore for the record than we are for Senator Morse.

The general acute financial need of legal education in this country The addressed by others who are here at the table with me, and make no reference to the topic beyond that.

What I would like to talk about for a few moments is the increasevident emerging role of law schools and of legal education as Art of the graduate education process.

The prepared statement of Professor Sneed follows:)

PAZD STATEMENT OF JOSEPH T. SNEED, PRESIDENT, ASSOCIATION OF AMERICAN LAW SCHOOLS

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Professor Joseph T. Sneed, President of the Association of American a Retools and Professor of Law at the Stanford University. With me this are Dean Bayless Manning of the Stanford Law School, Dean John of the Law School of the University of South Dakota, Professor Robert of State University of New York at Buffalo, Dean Kenneth Tollett of &rbern Law School, Professor Morris Cohen of the University of Penna Law School, Dean William B. Lockhart of the University of Minnesota bool and President-Elect of the Association of American Law Schools, Robert McKay of New York University Law School, Professor William W. hal of Georgetown University Law Center, and Mr. Michael H. Cardozo, Eve Director of the Association of American Law Schools. We wish to

support the Higher Education Amendments of 1968 and to call attention to tain needs of legal education to which these Amendments either already or could be made to be, responsive.

We believe that law schools are among those institutions to which the P dent's message of February 5, 1968 referred, when he said that "The prosp and well-being of the United States-and thus our national interest--are vit affected by America's colleges and universities, junior colleges and tech institutes," and welcome his assertion that "their problems are not theirs a but the nation's." We believe that this legislation reflects the nation's ai help solve these problems.

Legal education in this country faces many difficult problems. Like Amer society in general, it must come to grips with problems caused by technolo change, high density population centers, the demands of racial minorities full participation in the social, economic and political life of the Nation, the ebbing faith in the utility of reasoned discourse. At the same time it 1 struggle to discharge the heavy responsibility of transmitting to tomor lawyers an appreciation of the civic virtues to which our attention is di when we hear the phrase "the rule of law."

Yes, the burdens of legal education are indeed heavy. There is, howev stirring in the law schools which strongly suggests that preparations are made to meet today's challenges. For example, thoughtful legal educators turning their attention to the high cost of providing quality legal educ and recognizing that this cost cannot be borne by many qualified students, ticularly those from minority groups. Other means of financing must be vided. Professor O'Neil, Dean Tollett and Dean Lockhart will address thems to certain aspects of this problem and Professor O'Neil and Dean Tollett ticularly will call attention to the needs that can be met through the " cational Opportunity Act." Part A, Title IV of the "Higher Education An ments of 1968," and the program to provide special services to disadvant students envisioned by Part C, Title IV of the 1968 Act. Dean Lockhart touch upon Part B, relating to student loans, of Title IV of the 1968 Act. Another instance of creative activity in the law schools is the emergen the now widely held view that research should not be limited to close stu appellate opinions but must extend to what Professor David Cavers of Harvard Law School once described as "research about law." Moreover, as fessor Harry Kalven of the University of Chicago Law School recently remi members of an American Assembly on Law and the Changing Society, the in existence a body of empirical "research about law" that can serve as a r for additional work of this type. I am convinced that this work will be and that in doing so the instruction of advanced law students will be gr enriched and strengthened. In this manner legal education will more c than ever conform to the ideals of excellent graduate education. Dean Ma will point out how Part B, "Improvement of Graduate Programs," Tit of the "Higher Education Amendments of 1968" could facilitate this pr were it interpreted or amended to include legal education.

Besides being concerned with providing the means by which all dese students interested in law as a career can have the opportunity to purs study and the increasing research responsibilities just mentioned, legal edu are reassessing fairly uniform curriculum and pedagogy which has charact legal education for more decades than most of us care to admit. The poss of law schools pursuing somewhat different educational missions and emp markedly different curricular designs is beinng discussed. In addition, exists the belief that the rapid growth of knowledge relevant to the law ma essential that new teaching techniques, such as programmed and con assisted instruction, closed-circuit television and a variety of audio-visual d be adapted to legal education. To do this, new working arrangements betwe schools and the universities of which they are a part, as well as betwee schools, will be needed. It is our hope that the provisions establishing th works for Knowledge, Title IX of the "Amendments," and the amendmen viding for grants for laboratory and special equipment, will be of assista this respect. Carefully supervised clinical experience also is another instru technique to which considerable attention is being given. Professor W Greenhalgh will speak of this. Even the traditional examination for the not escaping scrutiny. Many believe that other means to establish the comp of individuals wishing to practice law should be developed.

In sim. legal education is on the move. The extent to which it can realize its grenz» depends, not only upon the talent and desire of each student, teacher and 5.strator involved, but also on the extent to which resources necessary to aya the work are made available. Traditionally, legal education has been ensive education; but this cannot continue to be the case if the plans I have sted are to be implemented. To conduct the kind of programs I have touched zany schools will require enormous increases in their research and instruc- -4. otdgets. Only a few, without substantial governmental aid, will be able to are these increases. All this recently was recognized by the Report of the tean Assembly on Law and the Changing Society where it was said, Fravial sources now available to law schools are inadequate. Additional al support is required from government, foundations, corporations, the ra, profession and other sources."

fessor Morris Cohen will describe the manner in which certain of the my needs of law schools can be met through Title II of the "Higher Educaet Amendments of 1968." Dean Scarlett and Dean Lockhart will outline other moets in which the resource needs of law schools can be met in part through the ment of the "Amendments." In addition, the program of grants and fellow; to improve the education of students in preparation for government and fer poble service is of great potential importance in the field of legal educawhich is so peculiarly aimed at such training. Dean McKay will describe the Tet to which legal education has been neglected by private foundations and de resalting need for governmental assistance.

Including this introduction to the testimony that those accompanying me r. Eve. let nie point out that the management of the Federal participation in Zer education would be enhanced if legal education were more adequately sected in the various councils, committees and boards through which policy estanished. It is particularly important that the Advisory Council on Graduate idation to be established by section 1001 of Title X of the "Higher Education Lendments of 1968" have representation from legal education.

Higher Education Amendments of 1968" should be enacted; all higher aston, including the law schools, will benefit therefrom. It is clear, however, at this bill will not provide all the resources that legal education in the formapod that lies immediately ahead will require. It is a step, but only a step, night direction. As such I endorse it.

At the first and simplest level, of course, law schools are graduate schools. In ntally all law schools in the United States today, admission is predicated in performance at the undergraduate level, and people who enter law school ate received a degree at the level of A.B. So law schools are in that sense citrate schools to begin with.

E there has been, I think, a certain degree of inherited, and I think almost table, uncertainty about classification of law schools, for the reason that are, and have been, and will continue to be, in part professional schools, and sense are a special category of graduate schools.

the extent that the law schools train lawyers for practice, they are graduate socal schools, and they will continue to be so. To the extent that they are g people for teaching in the law, for socio-legal research and for other of wholarship, they look rather more like the usual conception of doctoral Perans, and of other graduate programs at a university.

Sur the law schools also perform still a different function. That, of course, is arkable contribution which they have made throughout the history of the lease, and will continue to make, to the training of people for public service.

NEED FOR LEGAL EDUCATION

Mr. MANNING. A majority of each of the Houses of Congress, as I and it, a majority, an absolute majority, are themselves a ris of legal education. And the same important presence of awyers may be seen, of course, when one turns to the executive branch, State and Federal, and local levels. Throughout our government, ce can observe the predominant role played by people who have had particular kind of training. So there is a public service component ot legal education which is quite evident.

565 pt 4

Over and above these evident facts, the emerging reality of mo legal education among law schools that are in the vanguard is ch ing, and has changed, quite dramatically. Professor Sneed, presi of the AALS, who is in a unique position to observe this phenome has made reference to it in his statement.

For a long time law schools and legal instruction was prim focused on the accumulation of the accumulated reported wisdo courts and of legislative bodies. Increasingly this kind of focu scholarship is being supplemented, limited only by available resou by intensive empiric examination of the impact of the law in ac We finally are getting ourselves to a point where, through stren ening of the disciplines of the social sciences, we are able to con joint interdisciplinary research work on how the law actually oper what really goes on in the juvenile courts, what are the actual c quences of patterns of zoning, what kinds of criminal sentence imposed upon what kinds of people, and with what consequence. It is apparent that study of this kind, with its heavy policy ori tion is of critical importance for legislative decision and for the ance of administrators and of judges, and that the job of condu such research will fall largely to our law schools.

To move ahead in this direction, our law schools are in need o tooling; they are in need of expansion; they are in need of fa people; they are in need of research funds.

In short, the purposes that are specifically referred to in pa of title III of the proposed bill are precisely responsive to the of legal education as it is emerging in a modern law school.

My second point will be more briefly stated. Again, Professor S has foreshadowed it.

CHANGE

We are at the threshold now of enormous change and very change in our law schools. I am confident of that prediction, and be that most of us in the law teaching profession hold that view.

Law schools have typically had a rather fixed pattern a uni 3-year program, substantially the same kind of curriculum, and a stantial general similarity.

I do not think this will continue to hold. I believe we are in period of quite radical experimentation; experimentation in tra paraprofessionals; experimentation in working directly with communities surrounding the school; experimentation in the dire of the research that I have already referred to, and experimentati teaching law to people who are not within the profession, other of the university and other parts of the community.

These are illustrations but they are only illustrations. The fa the matter is that law schools today are one of the most active, vo vibrant parts of graduate education in a modern university.

I think I will stop at that point, simply saying that we suppo bill. We would prefer to see further clarification and further spec tion of the inclusion within the bill of legal education and rese to make it absolutely clear that it is among the areas of end that are incorporated and included within the bill. With that s modification we stand ready by all means to give it every suppo

can.