Ulmer, S. Sidney

English

University of Kentucky

Kentucky Law JournalVolume 54 | Issue 4 Article 181966Lawyers and Judges by Joel GrossmanS. Sidney UlmerUniversity of KentuckyFollow this and additional works at: https://uknowledge.uky.edu/kljRight click to open a feedback form in a new tab to let us know how this document benefitsyou.This Book Review is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky LawJournal by an authorized editor of UKnowledge. For more information, please contact UKnowledge@lsv.uky.edu.Recommended CitationUlmer, S. Sidney (1966) "Lawyers and Judges by Joel Grossman," Kentucky Law Journal: Vol. 54 : Iss. 4 , Article 18.Available at: https://uknowledge.uky.edu/klj/vol54/iss4/18BooK PEviEwsThe book does not limit itself to a detailed exposition of theSwedish procedural code of 1942 and, related laws. It contains agreat deal of information about the administration of justice inSweden and about judicial statistics. It has a special chapter on inter-national co-operation in litigation. The appendix contains many sampleforms and documents in English of proceedings in lower courts andjudgments. This last part offers the reader a real insight into aSwedish civil case file. A long table of statutes, decrees and treatises,a table of cases, as well as an index carefully prepared by M.G.Pimsleur contribute to more effective use of this great book. Anextensive bibliography of references in Swedish and English lacks noitem of importance. The only non-positive remark which this reviewerhas concerns several sections within the book which disclose, by thelanguage used, that they were not originally written in English. Givingfull credit to the notorious difficulty involved in translating foreignlegal materials, one cannot disregard the sizable number of legal termsand expressions in the book which may sound strange to lawyersschooled in the language of the common law.In the preface to the book Professor Hans Smit, editor of theProject on International Procedure, has enumerated some of the ob-jectives of a study of foreign civil procedure. This book gives specialattention to the second of these: "they are designed to permit criticalevaluation of domestic procedure in the light of foreign proceduralinstitutions." The United States profited enormously by a wise use offoreign assets in the field of medicine, technique, fine arts. In con-trast, foreign influence in the field of law has been negligible. It isto be hoped that the publication of books like Ginsburg-Bruzelius'Civil Procedure in Sweden may in due time lead to a reception bysome legislatures of new procedural devices of proven usefulness tostreamline and to expedite some stages of our own procedure.Jurif Fedynskyj*LA W AND JD GEsBy Joel Grossman (1965).In Lawyers and judges, political scientist Joel Grossman reportsthe results of his research on the influence of the organized bar in theselection of federal judges. While one chapter is devoted to an over-view of the selection process, most of the book focuses on the Ameri-*Assistant Law Librarian and Research Scholar in Law, Indiana University.19661KENTucKY LAw JoRNAL[V.can Bar Association's Committee on Federal Judiciary (CFJ). Thuschapters are included on 'The Development of the ABA's Role inJudicial Selection" (historical and chronological treatment); "TheCommittee on Federal Judiciary" (selection, background of commit-tee members, procedures and roles); "The Committee and the At-torney General" (expectations on both sides, conflict and cooperation);and "The Committe and the Senate" (politics from two perspectives).Sidestepping the question of "better judges," the success of theCFJ is evaluated in terms of its own stated goals. In that frameworkthe CFJ is rated successful in (1) blocking "unqualified" judges, (2)reducing the age of nominees for federal judicial office, (3) gettingbetter educated judges, (4) decreasing the number of "political".udges who get nominated, and (5) increasing the percentage oflaywers from private practice who become judges. The CFJ has not,however, gotten appreciably more judges with prior judicial ex-perience.As long as Grossman is describing what the CFJ has accomplishedin the past, there is little in his analysis with which to quarrel. But,of course, few authors are willing to settle for mere description. Gross-man is certainly no exception to such a generalization. It is theauthor's view that the influential and checking role of the Committeeon Federal Judiciary has now been "institutionalized." While its ef-fectiveness was established during the administrations of PresidentsEisenhower and Kennedy, the party or person of the President is notexpected in the future to loom as a dominant variable in shaping therole which the Committe will continue to play. This reflects the viewthat the various interest groups supporting the ABA and the CFJhave sufficient political power to discourage a President from nomi-nating or a Senate from approving nominees who do not satisfy theexpectations of the CFJ and its supporters.The test of such a hypothesis, of course, lies with future Presidentsand Senates. For if the influential role of the CFJ is now meaningfully"institutionalized," then personnel changes in the executive and legisla-tive branches should not appreciably affect the Committee's power.This assumes, of course, that the support of interests outside govern-ment is maintained. Given the same assumption, changes in thecomposition of the CFJ and in the person serving as its chairmanshould not be of major consequence. Obviously, all this remains to beseen. President Eisenhower was friendly to the ABA; President Ken-nedy was not unfriendly. The chairman of the CFJ during both ad-ministrations was Bernard Segal, a highly effective advocate for thegoals which the Committee sought. With a less concerned President or[Vol. 54,BooK REviEwsSenate or with a less effective Committee Chairman, a regression ofinfluence is not beyond the realm of imagination.Undoubtedly, some will view the recent case of Francis X. Mor-risssey as vindicating the author's optimism. For the CFJ opposed theMorrissey nomination and it was eventually withdrawn. But severalfactors suggest caution in evaluating this episode as evidence for theGrossman hypotheses. The President, after all, did nominate Morrisseyover opposition of the CFJ, a step which John Kennedy was unwillingto take. As for the Senate, the matter did not come to a vote. Whilethis failure undoubtedly reflected the belief that sufficient votes toaffirm were not available, we cannot say that the Committee's standwas the "cause." Equally likely is the possibility that the Republicanparty under the leadership of Everett Dirkson knew a "good issue"when it saw one, an issue on which it could take a stand and win andby so doing embarrass Lyndon Johnson. Given the infrequency ofsuch issues in recent months, it should not be surprising to see theRepublicans leap to such an opportunity. Thus we must wait to seewhether the role which the CFJ has carved for itself in recent years isa temporary phenomenon dependent on time, place and circumstanceor "a way of doing things" destined to endure.S. Sidney Ulmer*Professor and Chariman of the Political Science Department, University ofKentucky.

Lawyers and Judges by Joel Grossman

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Lawyers and Judges by Joel Grossman

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