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All free speech cases decided by the United States Supreme Court are hard cases; and, if they do not, according to the old saw, make bad law, they do make law which is both fragile and fascinating. Wrapped up inside the kernel of each of these cases are many of the most troublesome problems which confront a democratic government: the relation of majority rule to minority rights, the necessity of peace and order but the equally imperative necessity of open discussion, and, not least, the paradoxical role of an appointive judiciary in curbing, in the name of democracy and freedom, popularly elected legislative and executive officials. In the determination of this area of public policy, legal precedent is more shadow than substance; and the political philosophy of the individual justice becomes a matter not only of interest, but of paramount importance.

Speech given at the Statewide Civil Rights Informational Meeting reflecting on the passage of the Civil Rights Act of 1964 ; 2. He spoke of the economics of the situation and those of you who have had access to his speech will recall that he charted the advantages to be gained from admitting the Negroes of Arkansas to a larger participation in our economic and educational life. The whole tone of our society-would be improved. "While he stressed economic considerations, I felt as I told him later, that something of his Methodism came shining through, I do not believe that we can separate altogether the economic and moral phases of this basic problem. The other comment that I had in mind was in a conversation in another State between one of my fellow lawyers and a business man from Mississippi. My Arkansas friend was very critical of the Federal Government's participation in the 1957 experience. To this, the Mississippian said "But there are two things to remember - since we have lost the battle, the Nation has decided that we must change and I see no other course. Second, I must say as a Mississippian holding pretty much the same general feelings about race relations and accustomed to the old pattern that I can not in good conscience say that the Nation is wrong". We have reached the stage in Southern life in which the cooperative approach, as distinguished from the paternalistic approach, is to be preferred in our Region. Southern people on the whole have always had a kindly attitude toward the minority race but this kindness has had an individual emphasis and we have been slow to respond to the Negro's aspirations as a race. We have done things for him, now we must find ways of doing things with him.

Typed speech with handwritten annotations and strikethroughs given by Brooks Hays at his testimonial dinner ; -3- There are procedural standards to be rigidly defended in attaining government by consent of the governed. I have cheerfully accepted several defeats because I acknowledge the principle of majority rule. That rule will be frustrated, however, unless the people are given an opportunity to secure and deliberate upon the facts and the issues. That is the reason we have filing dates that give candidates time to defend themselves and legal restric¬tions regarding use of money and libelous material in campaigns. And through¬out the structure of popular government there must be such respect for the minority that public policy is built on wisdom and justice in representative functions, not on the sophistry that the majority's judgment is always wise and best for the people. Congressional rules devised long ago have protected minority rights of every kind. I might add that if we moderates are a minority we are still conforming to our region's cherished tradition in asking that majorities not be indifferent to this principle. In the 1958 campaigning I was not trying to ride a popular idea – I was trying to popularize an idea that had become so much a part of me I could not rid myself of it if I had tried. The third imperative is disciplined freedom. This embraces the right' to maintain private schools at private expense, not as a substitute for public,education but as a privilege in American life that not only adds to our cultural enrichment but helps to preserve the independence of viewpoint that makes freedom possible. This principle grants to both the proponents and opponents of proposed changes the right to organize, and their rights are not forfeited by methods and manners that are not admirable so long as they are illegal. Finally there must be a due concern for the generation of our common faith, the faith which sustains our position of world leadership. If there were not other and higher motivations we would still be inspired to bind up the nation's wounds by the knowledge that a ruthless force is loose in the world and that our failures at this point would be exploited. The door that religion alone can open leads to a sure passageway of peace and justice.

An exhilarating breath of fresh air has blown into the musty halls of political theory with the publication of Robert Dahl's Walgreen lectures, A Preface to Democratic Theory. We now know that discussion of minority rights and majority rule can be carried on with lucidity and serious attention to some of the intriguing intellectual puzzles which arise, as well as with reasonable rigor and a genuinely remarkable economy of expression.For all his clarity and conciseness, however, Professor Dahl has paid a fourfold philosophical price:1. His case against "Madisonian" democracy is procedural and perhaps more peripheral than profound.2. The neo-Spinozistic endeavor to formalize political ideology appears premature.3. His confessed epistemological perplexity over the ground of "intensity" judgments is peculiar.4. His refusal to wrestle with ethical issues—a refusal he shares with most "empirically oriented" political scientists—leaves them not only open and unresolved, but even unexplored. Yet, in an important sense, these issues seem to be the central ones.Following Dahl's example, I shall try to set forth these caveats as concisely as possible, leaving aside qualifications and positive theory construction.

Speech reflecting on recent Congressional election defeat ; -11- moderate label. While Governor Faubus has said that public education must be sacrificed if necessary to preserve segregation, the moderate view is that we must save our public schools. Our public school system must be preserved because without it, the freedom that flowers from an educated citizenry would perish. James Madison put it succinctly: "Without popular education, popular government will be a farce or a tragedy, perhaps both." The reaction of fair-minded people in the South to the recalcitrance of Alabama election officials is another omen that bears attention. A basic constitutional guarantee is that no one should be denied the right to vote because of race, creed or color, and certainly Negro citizens who meet the qualifications for electors should be enfranchised. The entire membership of the Civil Rights Commission, a distinguished body of three Northerners and three Southerners, was shocked at the unrebutted testimony that there were counties in Alabama where no Negro voted and those who tried were always unsuccessful . We know that there can be no government of and for the people without government by the people. Minority rights should not be lost sight of in the recognition of the principles of the majority rule, and the South's case for free debate in the Senate rests on the same logic. No Southerner can support the position that rule 22 must be upheld or only slightly modified, and then defend white majority control of the election machinery

Does a stockholder have a right, at common law, to dissent and have his stock repurchased when his corporation purchases the assets of another business? If he does, is this a common law attribute of corporations? What other common law attributes may there be? To what extent has a legislature power to alter or modify these attributes, or to authorize alteration or modification by the holders of a majority of a corporation's stock? The discussion will be directed first to what attributes a corporation has apart from those bearing on its relations with its stockholders; next, to what attributes are connected with that relationship; then, to what powers the legislatures may have to affect those attributes; and thereafter, to consider whether the two cases introducing this article are in conflict and how legitimate complaints of minority stockholders might better be handled.

Antitrust Law--Restraint of Trade-Supreme Court Suggests A New Reading of Section 3 of the Clayton Act ============================== Civil Rights--Abatement and Revival--State Survival and Wrongful Death Statutes Adopted in Federal Civil Rights Act Suits =============================== Constitutional Law--Tenth Amendment-the Estate of A Veteran Dying Intestate Without Heirs May Constitutionally Escheat to the Federal Rather Than State Government =============================== Due Process of Law--A State May Deny An Applicant Admission to the Bar for Refusing To Answer Questions About His Advocacy of Subversive Organizations Or Objectives =============================== Federal Courts--State Security for Expenses Statute Inapplicable in Federal Equity Action Under Securities Exchange Act =============================== Federal Rules of Civil Procedure--Intervention--A Member of An Association Is Denied Intervention As of Right in A Government Antitrust Suit Against the Association =============================== Foreign Corporations--Promotional Activities May Subject Foreign Corporation to State Qualification Statute =============================== Labor Law--Labor Unions-A Minority Union May Be Disestablished for Attempting To Exercise the Rights of An Exclusive Bargaining Agent =============================== Limitation of Actions--In A Malpractice Action the Statute of Limitations Does Not Begin To Run Until the Patient Knows or Has Reason To Know of His Injury =============================== Taxation--Income Tax--Embezzled Funds Held Includable in Gross Income ================================ Workmen's Compensation--Compensation Granted For Heart Attack Induced By Mental and Emotional Stress

It would appear that the treaty-making procedure, long considered too cumbersome and too difficult, has suddenly become too easy. Almost from the beginning, the system whereby one-third plus one of the Senate membership can block any treaty, has been denounced as "undemocratic," and as "government by minority." In fact, as late as 1945 the House of Representatives approved a Constitutional Amendment to permit the approval of any treaty by a mere majority vote of the two Houses.

Article 1 of the Convention on Certain Questions Relating to the Conflict of Nationality Laws permits "each state to determine under its own law who are its nationals." It is precisely because the loss and acquisition of nationality is a matter of unilateral state action that statelessness under certain conditions does occur. The loss of nationality is sometimes closely related to the methods by which nationality is acquired. Most common among these methods of acquisition are: (1) by birth, (2) by minority, (3) by marriage.

This collection of notes contains thoughts on how the Navajo Government needs to support enterprise initiatives, permanent jobs and creating childcare centers so that Navajo women can work. BIOGRAPHICAL NOTE: Raymond Nakai, a Navajo Indian, was born in 1918 in Lukachukai, Arizona, on the Navajo Reservation. Raymond Nakai is noted as being the first modern Navajo political leader serving as Chairman of the Navajo Nation from 1963-1971. As chairman, the issues most important during his tenure were self determination in Navajo Education, reservation unemployment, developing Navajo economy, further development of the tribal government and improving relations with the federal government and surrounding states. Nakai had much unprecedented success as Navajo Tribal Chairman: In 1967 the Navajo Nation Bill of Rights was created, in 1968 Navajo Community College opened being the first tribally controlled community college, the Tribal Scholarship Trust was developed, relations with off reservation natural resource companies began, he was supportive of religious freedom of the Native American Church on the Navajo Reservation. Raymond Nakai led an active personal and political life and was an innovative leader for the Navajo People. The Raymond Nakai Collection contains material documenting his activities as Chairman of the Navajo Nation from 1963 - 1971.

U.S.-Japanese joint ventures are by far the most important form of direct foreign investment in Japan. For unlike most advanced governments elsewhere in the world, Japanese officialdom has, with precious few exceptions, denied validation under the Law Concerning Foreign Investment to all enterprises wholly-owned or even majority-owned by foreigners. Furthermore, it was basic Japanese policy not to validate even a minority equity in a Japanese enterprise unless the foreigner possessed essential technology which he would not make available to Japanese industry by straight patent or know-how licensing arrangements. Since before July 1963 validation only meant the right to repatriate capital and earnings in foreign currency, many foreign firms had chosen to forego validation and operate a wholly-owned or majority-owned Japanese corporation for yen only, but even this opportunity for an unapproved and underprivileged majority holding was foreclosed on July 1, 1963, when the Japanese Government declared that the so-called "yen operation" could no longer be established without official validation.