Hall, Livingston. Papers, 1947-1973: Finding Aid.

Harvard Law School Library
Cambridge, MA 02138

[link]

Harvard Law School
August, 1976

Summary Information

Repository: Harvard Law School Library, Harvard University
Location: Harvard Depository
Call No.: HOLLIS 601612
Creator: Hall, Livingston, 1903-
Title: Papers, 1947-1973
Quantity: 50 boxes
Abstract: Papers relating to Hall's membership on Massachusetts District Court Survey, Massachusetts Judicial Survey Commission, Massachusetts Judicial Council, Massachusetts Criminal Law Revision, and Governor'S Committee on Law Enforcement and Administration of Criminal Justice.

Processing Information:

Prepared by Virginia Agnew Gartrell, August, 1976.

Acquisition Information:

The papers of Livingston Hall were transferred through gift to Harvard Law School Library in 1975 by Professor Hall.

Access to these papers is governed by the rules and regulations of the Harvard Law School Library. This collection is open to the public, but is housed off-site at Harvard Depository and requires 2 business-day advance notice for retrieval. Consult the Special Collections staff for further information.

Use Restrictions:

The Harvard Law School Library holds copyright on some, but not all, of the material in our collections. Requests for permission to publish material from this collection should be directed to the Special Collections staff. Researchers who obtain permission to publish from the Harvard Law School Library are also responsible for identifying and contacting the persons or organizations who hold copyright.

Scope and Content

The 3000 items in the Papers of Livingston Hall, attorney, educator, and legal scholar, span the years 1947 to 1973.

The collection includes correspondence; reports; memoranda; agenda and minutes of meetings; charts; tables; maps; drafts; forms; legal and other documents; bibliographies; newspaper clippings; and printed items.

The Papers relate to Professor Hall's activities as a member, and frequently chairman, of study groups, surveys, commissions, and councils which were charged with monitoring law enforcement agencies and the judicial system of the Commonwealth of Massachusetts, and with presenting recommendations and/or drafting legislation for the revision of existing laws and codes. Professor Hall participated in specific studies by the following: Massachusetts District Court Survey; Massachusetts Judicial Survey Commission; Massachusetts Judicial Council; Massachusetts Criminal Law Revision Commission; and the Governor's Committee on Law Enforcement and Administration of Criminal Justice. Professor Hall assisted in drafting the Massachusetts District Court reorganization bill of 1953, with its subsequent amendments, and the drafting of the new Massachusetts Criminal Code of 1972.

Correspondence in these papers is minimal and is confined to the scheduling of meetings and other extraneous matters.

Series List

Series I. Massachusetts District Court Survey The District Court Survey was organized in September of 1951 and was sponsored by the law schools of Massachusetts. Livingston Hall chaired the committee, and Lawrence Urbano was director.
The survey committee proceeded with their study in three stages: (1) analyzed published materials on District Courts, (2) conducted a statewide survey to collect facts and opinions, and (3) made recommendations to the General Court for the solution of existing problems and revisions of pertinent laws and codes.
This group of papers is divided into two parts: (1) survey of caseloads,and (2) chronological file.

Series II. Massachusetts Judicial Survey Commission The Judicial Survey Commission was formed by Governor Herter in December of 1954 to make a study of the administration of all the courts in Massachusetts. The commission drafted legislation and made other recommendations for change within the frame of the current Constitution.
The commission was divided into seven subcommittees: on the administration of the courts; district courts; criminal justice; probate courts; land court; supreme judicial court's rule making power, procedure and practice and jury commissioners; and internal operation of the courts.
Livingston Hall served on this commission, and was a member of the subcommittee on administration of the courts, rulemaking power and others.
This group of papers is divided into three parts: (1) official file, (2) subcommittee file which is arranged alphabetically, and (3) unsorted miscellany.

Series III. Massachusetts Judicial Council The Judicial Council is "an official body charged with the duty of continuous study of the judicial system and its functioning, and the devising of methods for the improvement of the system and its adaptation to present day needs." The council was created as an advisory body by the Judicature Commission of 1919-1920, to aid and direct the legislature in making decisions on judicial reform.
Livingston Hall was first appointed a member of the Mass. Judicial Council in August of 1955 by Massachusetts Governor Christian Herter and reappointed for successive terms in 1960, 1964, 1965, and 1969.
The papers consist of minutes and drafts of reports made at committee meetings. [Hall was inconsistent in his use of the terms "items" and "agenda" as indicated by folder headings; both presumably refer to reports made.] Final reports are in two bound volumes in MS box #7, 1951-1967.

Series IV. Massachusetts Criminal Law Revision Commission Livingston Hall served as chairperson of the MCLRC from its inception in May of 1968 to its termination in 1971-1972. This commission was formed by the Attorney General of Massachusetts to help modernize the criminal law. In 1972 the commission filed Senate Bill No. 200 as a proposed revision of the substantive criminal law of Massachusetts.
The work of the commission was done by an Executive committee which Hall served on, and four sub-committees. Each sub-committee had a "Reporter who would draft sections and commentary." Sub-committee A: general principles; sub-committee B: sentence, probation and parole; subcommittee C: offenses against person and property; and sub-committee D: offenses against family, decency and good order.
The first meeting was held on May 27, 1968, and the final draft was approved on November 20, 1971 and filed in 1972.

Series V. Governor's Committee on Law Enforcement and Administration of Criminal Justice Livingston Hall served on various subcommittees of the Governor's committee, such as: Governor's Public Safety Commission; Advisory Committee on Planning, Implementation and Research; and the Governor's Proposal Review Board.
These papers cover the period 1967-1973. They consist primarily of reports made by the committees. [See also: Massachusetts Criminal Law Revision Commission which grew out of the Governor's committee.]

Series VI. Addenda This series contains financial files of the Massachusetts Criminal Law Revision Commission, 1968-1978, which were not originally included in Series IV.

Historical/Biographical Information

Hall, Livingston, professor of law, lawyer.

b. May 5, 1903, Chicago, Ill.

s. James Parker and Evelyn Hallam (Movius) Hall.

Ph.B. University of Chicago, 1923.

LL.B. magna cum laude, Harvard, 1927.

m. Elizabeth Blodgett, September 13, 1930; children: Thomas L., Margaret R., Elizabeth C., and John K.

Admitted to New York Bar, 1934.

Law practice with firm of Rood, Clark, Buckner, Howland, and Ballantine, New York, NY, 1927-1931.

Assistant U.S. attorney Southern District, NY, 1931-1932.

Assistant Professor of Law, Harvard, 1932-1937; Professor of Law, 1937-; Vice Dean, 1938-1958; Acting Dean, 1959.

Regional price and enforcement attorney O.P.A. (on leave from Harvard) Boston, 1942-1943.

Moderator: Town of Weston, 1947-1949, Town of Concord, 1957-1967.

Commissioned Lt. Col. AC, A.U.S. in Manilla P.I., Feb. 1945; served as dep. chief Operations Analysis sects., overseas with 13th and Far East Air Forces, 1943-1945, and in Washington, D.C. with 20th Air Force, 1945.

Awarded Medal of Freedom, 1946.

Member of American and Massachusetts Bar Associations (pres. 1963-1964); Massachusetts Judicial Council; Phi Beta Kappa; Rep. Episcopalian Clubs; Curtis; Social Circle 1782.

Author:

(with Sheldon Glueck) Cases on Criminal Law and Enforcement, 1958.

(with Warren Seavey) Cases on Agency, 1956.

(with Yale Kamisar) Modern Criminal Procedure, 1966.

Additional Index Terms

The following catalog entries represent persons, organizations, and topics documented in this collection. An entry for each appears in the Harvard On Line Library Information System (HOLLIS) and other automated bibliographic databases. THIS IS NOT AN INDEX.

Hall, Livingston, 1903-

Criminal law.

Criminal justice, Administration of.

Court administration.

Court congestion and delay.

Courts -Massachusetts.

Law teachers.

CONTAINER LIST

Series I. Massachusetts District Court Survey 1951-1957, Boxes 1 to 3
- Survey of caseloads, Box 1
  - Order of caseloads Sept. 25, 1953
  - Analysis of caseloads Sept. 29, 1953
  - Motor Tort analysis Sept. 30, 1953
  - District court caseload Oct. 14, 1953
  - County caseloads 1953-memo Jan. 12, 1954
  - Order of caseloads 1953-memo Feb. 12 1954
  - County caseloads and Justices April 14, 1954
  - Caseloads by counties Jan. 27, 1955
  - Order of caseloads Feb. 1, 1955 and Oct. 1955
  - Caseloads by counties Oct. 1955
  - Questionnaires and tabulations 1951-1954
  - Miscellaneous items pulled out and seperated from the files by L. Hall in 1973
    (materials cover the 1953-1954 period)
- Chronological file, Boxes 1 to 3
  - Bibliography July 2, 1951
  - Criticisms- 1947 special commission
  - Questionnaire-forms
  - Preliminary report Aug. 24, 1951
  - County maps 1952
  - Chart I-county facts
  - Chart II-costs (revised 12/2/1952)
  - Preliminary report to Judicial Committee March 1952
  - Draft reorganization plan Oct. 23, 1952
  - Questionnaire 1952-GRAPHIC
  - Press release Dec. 2, 1952 -filing of S#247
  - Harvard Law School Bulletin Feb. 1953
  - Senate Bill #247 Feb. 27, 1953 and state map
  - Notice of hearing March 4, 1953
  - Brief analysis of S#247
  - Press releases March 4, 1953
  - Amendments March 1953
  - Further amendments May 1953
  - Redraft of S#247 June 8, 1953
  - Redraft of S#247 June 8, 1953-changes made by S#784
  - Senate Bill #784 June 30, 1953
  - House Bill #2881 July 22, 1953
  - Administrative Committee-circular letter Aug. 15, 1953
  - District Court reorganization bill in 1953 Mass. legislature-memo Aug. 27, 1953
  - Chart II-costs (revised Sept. 22, 1953)
  - LENS (magazine) Oct. 1953
  - District courts -special Justices- 1951, Oct. 14, 1953
  - Amendments to S#784 Oct. 28, 1953
  - Gradualism redraft Oct. 1953
  - Press release Nov. 17, 1953
  - Massachusetts police association Dec. 3, 1953
  - State map of S#322 of 1954
  - Recess comm. 1954 Drafts of report and bill
  - Recess comm. redraft Jan. 7, 1954
  - Recess comm. hearing-Boston Jan. 8, 1954
  - Fielding act and motor torts-memo Jan. 13, 1954
  - Memo district court reorganization Feb. 16, 1954
  - Redraft- part-time listed courts March 1, 1954
  - Drafts of S#322 of 1954
  - Redraft April 15, 1954
  - Amendments and redrafts of S#322 and S#680 April 16, 1954
  - House Bill#2906 of 1954-Jud. Com. redraft May 19, 1954
  - Juvenile courts draft HR#2917 May 20, 1954
  - Legislature June 1954
  - Massachusetts Bar Assoc. -letter of Oct. 19, 1954
  - 1954 special Justices March 31, 1955
  - Memo on rule making power, Legislative veto Oct. 24, 1955
  - District courts-efficency
  - Legislature 1955
  - District courts 1955 Fielding act figures
  - District courts 1955 Superior court use of Judges
  - District courts Population
  - District courts Research references
  - History- district courts Reorganization 1951-1956
  - Suffolk County motor vehicle tort caseloads as of 1955-memo Feb. 20, 1956
  - Mass Bar Assoc. assigned counsel 1956 Preliminary report May 5, 1956 and interim report Feb. 4, 1957
  - Miscellaneous printed reports and summaries relating to work of District Court Survey Committee

Series II. Massachusetts Judicial Survey Commission 1951-1956, Boxes 3 to 7
- Official file, Boxes 3 and 4
  - Campaign 1956 H.L. Bulletin report
  - Correspondence 1955-1957
  - JSC report committee
  - Final reports
  - Final action-memo Oct. 17, 1956
  - Bills passed 1956
  - Governor's message Feb. 20, 1956
  - Minutes and agenda
  - Superior court congestion
  - Forms revision-Superior court
  - D.C. reorganization memo March 3, 1955
  - Congestion letter March 4, 1955
- Subcommittee file (alphabetical by subcom.), Boxes 4 and 5
  - Administrative subcommittee-Administration of the courts
  - District courts
  - Legal memoranda
  - Probate court
  - Rule making power
  - Superior court
  - Congestion subcommittee
  - Compulsory motor vehicle torts in district courts
  - Engagements of counsel
  - Jury fees
  - Discovery pre-trial
  - Pretrial
  - Salaries and retirement
  - Statistics
  - District Court subcommittee
  - Statistics
  - 1955 Bills
  - Draft act of Governor Feb. 1956
  - Probate subcommittee
  - Supreme court and practice subcommittee
- Miscellany (unsorted), Boxes 5 and 6
  - Judicial system studies published materials
  - Superior court add to congestion
  - Auditors reports
  - Correspondence-Judge Cox chairman of MJSC
  - Rule making-land court
  - Statutes-salaries
  - Reports
  - Pleadings, procedure and fees
  - Reports and misc.
  - Pretrial congestion
  - Misc.
  - District courts
  - Corr. L. Hall, vice dean
  - 1951 Subcommittee reports
  - Misc.
  - Court calendar study
  - Correspondence
  - Executive com.agenda, corr. and misc.
  - Administration of the courts
  - Misc. corr.
  - Statement of Elijah Adlow to MJSC 1955
  - Correspondence
  - Memos
  - Six person jury-jury fee-retirement

Series III. Massachusetts Judicial Council 1955-1973, Boxes 8-14
- Appointments to Judicial Council
- 1962 papers on insanity
- 1962 (retail installment notes)
- 1962 L. Hall bills
- 1963
- 1964 Minutes and agenda
- 1964 Draft reports, Items #1-30
- 1964 Draft reports, Items #31-55
- 1965 General items
- 1965 Minutes
- 1965 Draft report Items #1-15
- 1965 Draft report Items #16-end
- 1966 Minutes and agenda
- 1966 Draft report Items #1-10
- 1966 Draft report Items #11-19
- 1966 Draft report Items #20-end
- 1967, 1968, 1969, 1970 Muldoon salary
- 1967 General minutes and agenda (bound)
- 1967 Minutes and agenda
- 1967 Draft report Items #1-3
- 1967 Draft report Items #4-work release
- 1967 Draft report Items #5-17
- 1967 Draft report Items #18-25
- 1967 Draft report Items #26-end and misc.
- 1968 Minutes and agenda
- 1968 Draft report Items #1-15
- 1968 Draft report Items #16-30
- 1969 Minutes and agenda
- 1969 Draft report Items #1-15
- 1969 Draft report Items #16-31
- 1969-1970
- 1970 Drafts, agenda Items #1-5
- 1970 Drafts, agenda Items #6-15
- 1971 Agenda; minutes; drafts Items #1-5
- 1971 Items #6-31
- 1972 Minutes and Draft report Items #1-31
- 1973 General and draft report Items #1-22
- Two bound volumes-printed reports 27-36 and 37-43 with L. Hall's corrections

Series IV. Massachusetts Criminal Law Revision Commission 1965-1972, Boxes 15 to 30
- Research, Boxes 15 and 16
  - Mass. criminal code revision- summer 1965
  - Mass. criminal code revision- corr. 1965-1967
  - 1966 Mass. penal code- general
  - 1966 Mass. penal code- summaries
  - 1966 Mass. penal code- Mass. non-code summaries
  - 1966 Mass. penal code- Mass. non-code index
  - Mass. criminal law- Joost article 1967
  - Mass. penal code- carbons 1
  - Mass. penal code- carbons 2
  - Article- carbons: Parade of Horribles and Methods of Revision
  - 1966 Mass. penal code- index to Mass. general laws
  - 1966 Mass. penal code- summaries to be copied
  - 1966 Mass. penal code- fine and non-payment
  - 1966 Mass. penal code- Mass. draft articles 1-7
  - 1966 Mass. penal code- article #1
  - Michigan criminal code 1967
  - New Hampshire criminal code 1967
  - 1967 Mass. criminal code- Ohio revisions
  - Mass. revised criminal code 1968- Governor's committee proposal
- Alphabetical file of general Commission matters, Boxes 16 to 19
  - Attorney General (Mass.) 1968
  - Brownsville conference March 21-25, 1971
  - Chairman corr. 1968
  - Early meetings and memos 1968
  - Finances- Harvard 1969
  - Financial- Harvard January-June 1970
  - Financial- Harvard July-December 1970
  - Financial- Harvard January-June 1971
  - Financial- Harvard July-December 1971
  - Finances- general 1969-1970
  - Financial 1971 general
  - For add. financial files, see P. 12: ADDENDA
  - Governor's commission report
  - Grant 1968-1970
  - Grant reports 1970
  - Grant reports 1971
  - Grant reports 1972
  - Mass. drafting seminar
  - Meeting expenses 1968-1972
  - Membership 1968
  - Minutes 1968
  - Miscellaneous 1968
  - Multilith originals 1968-1969
  - Puposes of code revision 1968
  - Reardon and Supreme Judicial Court 1968
  - Reporters 1968
  - Shaw Foundation application 1969-1970
  - Subcommittee assignments 1969-1970
- Subcommittee A, Boxes 19 and 20
  - 1969 general principles
  - first meeting
  - second meeting
  - third meeting
  - fourth meeting
  - fifth meeting
  - sixth meeting
  - 1971 seventhmeeting
- Subcommittee B, Boxes 20 and 21
  - 1969 sentence
  - first meeting
  - second meeting
  - third meeting
  - fourth meeting
  - fifth meeting
  - sixth meeting
  - seventh meeting
  - eighth meeting
  - ninth meeting
  - Final draft subcom. B., Exec. com. and Com. C267
- Subcommittee C, Boxes 21 and 22
  - Person and property
  - first meeting
  - second meeting
  - third meeting
  - fourth meeting
  - fifth meeting
  - sixth meeting
  - seventh meeting
  - eighth meeting
  - ninth meeting
  - tenth meeting
    C274 Offenses against public health, safety and sensibilities April 1971
  - eleventh meeting
- Subcommittee D, Boxes 22 and 23
  - Family, abortion, obscenity and birth control
  - 1970 ch 268 and 269
  - first meeting
  - second meeting
  - third meeting
  - fourth meeting
  - fifth meeting
  - sixth meeting
  - seventh meeting
  - eighth meeting
  - ninth meeting
- Executive Committee, Boxes 23 to 25
  - Members and minutes and agendas 1968-1970 (reverse order)
  - 1968 progress reports
  - 1968 Executive committee
  - Proposed plan for organization of code 1968-1970
  - fourth meeting
  - sixth meeting
  - seventh meeting
  - eighth meeting
  - ninth meeting
  - tenth meeting
  - eleventh meeting
  - twelfth meeting Sept. 15, 1970
  - thirteenth meeting
  - fourteenth meeting
  - fifteenth meeting
  - sixteenth meeting
  - seventeenth meeting
  - eighteenth meeting Feb. 18, 1971
  - ninteenth meeting April 28, 1971
  - twentieth meeting May 10, 1971
  - twenty-first meeting May 18, 1971
  - twenty-second meeting May 25, 1971
  - twenty-third meeting
  - Executive comm. and subcommittee D April, 1971 (notebook)
  - twenty-fifth meeting
  - twenty-sixth meeting
  - twenty-seventh meeting Sept. 1, 1971
  - twenty-eighth meeting Sept. 9, 1971
  - twenty-ninth meeting Sept. 13, 1971
  - thirtieth meeting Sept. 30, 1971
  - thirty-first meeting
- Full committee meetings, Boxes 26 and 27
  - Agenda-minutes of meetings, address list of members July 9, 1968-May 11, 1972 (notebook)
  - second meeting June 27, 1970
  - third meeting Feb. 27, 1971
  - fourth meeting
  - fifth meeting
  - sixth meeting April 14, 1971
  - seventh meeting
  - eighth meeting Oct. 16, 1971
  - ninth meeting Oct. 23, 1971
  - tenth meeting Nov. 3, 1971
  - eleventh meeting Nov. 20, 1971
- Drafts (unbound), Boxes 27 to 30
  - Draft ch. 265 May 1969
  - Tentative draft [#1] June-Oct. 1970
  - Tables cross-reference
  - Ch. 263 text and commentary ( Oct. 1971)
  - Ch. 264 text and comment. ( April 1971)
  - Ch. 265 text and comment. ( June 1970- Oct. 1971)
  - Ch. 266 text and comment. ( March 1971)
  - Ch. 267 text and comment. ( June 16 and July 21, 1971)
  - Ch. 268 text and commentary
  - Ch. 268 A. text and comment. ( Oct. 6, 1971)
  - Ch. 269 text and commentary
  - Ch. 270 text and comment. ( June 30, 1971)
  - Ch. 271 text and comment. ( July 27, 1971)
  - Ch. 272 commentary
  - Ch. 273 text
  - Ch. 273 A. text ( Oct. 14, 1971)
  - Ch. 274 text and comment. §§ 13-28
  - Tentative draft #2 Oct.-Dec. 1971
  - Ch. 263-264 ( Dec. 27, 1971)
  - Ch. 265-266 ( Oct. 28, 1971)
  - Ch. 267-268 ( Oct. 6 & 19 and Nov. 2, 1971)
  - Ch. 270-273 ( Oct. 15 and 23, 1971)
  - Misc. redrafts June 1970- Feb. 1971
  - Misc. original drafts Ch. 270-273
  - Tentative draft #3 Nov.-Dec. 1971
  - Ch. 263-264
  - Ch. 265-266
  - Final draft Dec. 9, 1971
  - Corrections to S202 1971
  - Correspondence regarding distribution of tentative drafts #1 and 2 1970-1972
  - Correspondence regarding publication of Mass. Criminal Code-Lawyers Coop Publ. Co.
  - L. Hall articles about Mass. CLRC- publ. Mass. Law Quarterly

Series V. Massachusetts Governor's Committee on Law Enforcement and Administration of Criminal Justice 1967-1973, Boxes 31 and 32
- Governor's Public Safety Committee 1967, 1970
- Governor's Committee on Law Enforcement and Administration of Criminal Justice: 1968-1969 com. proceedings
- Report: " Nature and Extent of Crime in Mass." April 4, 1969
- Administration of criminal justice April 15, 1969
- 1969-1970 Juvenile delinquents state agency
- 1970 Committee proceedings
- 1970-1971 Proposal review board
- 1972 Committee proceedings
- 1972 Comprehensive plan
- Governor's committee 1972-1973
- Comprehensive plan 1973 (1 folder and three loose items)

Series VI. Addenda, Box 33
- 33-1 to 33-8 Massachusetts Criminal Law Revision Commission, 1968-1978
  - 33-1 Financial - Advances - 1968-1972
  - 33-2 to 33-3 Financial - Harvard - Jan.-June 1972
  - 33-4 Financial - July-Dec. 1972
  - 33-5 Financial - 1973
  - 33-6 Finances, 1974, 1975, 1976, 1977, 1978
  - 33-7 New England Merchants Nat. Bank and Provident
  - 33-8 Price, Waterhouse & Co., 1968-1971, 1978
    For other financial files, see p. 7, MS Box 17

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