Academic Privilege Is Seen as Balance of Interests
By MYLA STARR
Kansan Staff Writer
University of Kansas law and political science professors interviewed this week have expressed differing opinions on the case, a common immunity from grand jury testimony.
The issue came to a head last week with the jailing of Samuel Popkin, assistant professor of government at Harvard, for his role in the discovery of a grandient research sources to a crucial jurial event.
Popkin had claimed "scholar's privilege" under the First Amendment guarantee of
Most of the KU professors interviewed agreed that determination of academic privilege is a matter of balancing individual and societal interests, but differed in their opinions about blanket immunity for scholars in grand jury investigations.
HERMAN LUJAN, associate professor of political science, said that the professional relationship recognized between doctor and patient, and lawyer and client should also be honored for scholars and their research subjects.
"We are certainly as professional as doctors and lawyers," he said, "and a scholar cannot do research unless he can guarantee anonymity to his sources. If he is unable to do this, most people will not talk to him."
Lujan said that he thought the term academic privilege" coloned by professor Patterson.
"The right not to divulge sources is not a privilege but an accepted norm," he said. According to Lujan, forcing a scholar to divulge confidential information is not necessary and is a denial of his individual rights.
LUJAN SAID,"The burden of proof lies with the government. They should obtain the information without legally requiring scholars to reveal their sources.
"The question is, should you, in pursuit of one or two crooks, treat with treachery the enemy? How much will you pay?"
University attorney Charles Oldfather, supporting the claim of scholar's privilege, agreed that the term "privilege" was misleading.
He said, "Bona fides professional research should carry with it the ability to keep sources confidential, but I would not call this a privilege.
"I would call it the freedom to do research and protect sources when the research is uncovered."
The fact that the law does not currently recognize academic privilege is the first major change in the law.
fidentiality of sources, according to Frances Helfer, professor of political science at Texas A&M.
HELLER SAID, "In keeping with the present state of the law, the Supreme Court is likely to draw lines narrowly in these cases.
David Culp, assistant professor of law,
agreed that blanket immunity for scholars
"By refusing to hear professor Popkin's appeal, the Supreme Court has let the law become a joke."
"There is also the question of pertinence of the inquiry to the investigation. No one
should be required to give information not related to the subject under investigation."
Earl Ehrling, chairman of the political science department, said that a scholar's refusal to disclose confidential sources was not a Constitutional right.
"AN ACADEMIC never has a right not to say anything," Nehring said. "Our Constitution is not predicated on absolute rights, and the rights that are dominant in a certain situation."
That the degree of immunity granted a scholar is a mere matter of interests and not of race. Older African Americans areOlder African Americans are
"Legal rules are a balancing of societal interests," said Heller. "An individual may feel that the law violates his ethics, but he can also be more balanced in the interest of society as a whole."
According to Oldfather, confidential privileges are few.
Popkins, who was released Tuesday from the Norfolk County jail in Dedham, Mass., was cited for contempt of court for refusing to pay taxes. The county has released the once-secret Pentagon Papers.
"IN CERTAIN narrow areas, such as doctor-patient, lawyer-client relationships, there is clearly recognized privileged communication," he said. "In all other cases of a master of balancing the interests of law enforcement and confidentiality."
Popkins has researched U.S. involvement in Vietnam and was an associate of Daniel Ellsberg, a professor at Massachusetts Institute of Technology and one of two men on trial in connection with the Pentagon Papers publication.
A LITTLE WARMER
83rd Year, No. 64
The University of Kansas—Lawrence Kansas
Thursday, November 30. 1972
KU Grad To Pilot Apollo 17
Qualifications For Director Kept Secret
See story page 6
By PHIL McLAUGHLIN Kansan Staff Writer
The search committee to recommend candidates for athletic director at the University of Kansas formulated their qualifications for athletic director candidates at their first meeting Wednesday, but declined to make them public.
Henry Shenk, professor of physical education and chairman of the committee, said the committee decided to limit until the search process was in a later stage.
Shenk said that the committee spent several hours going over some names for the job, but it was just an introductory effort.
"We want to canvass the field fairly
down to interviewing people," he said.
The committee has received between 30 and 35 applications already, but 38 have been submitted.
According to Shenk, the committee has not limited their search to any geographical area. He said that generally they were looking for someone who could effectively manage the department and who would be acceptable to students, faculty and alumni.
The committee will meet for the second time sometime next week. Shenk said at that time the committee would review some of the applications.
There has been no deadline set for the search committee's recommendations by either Chancellor Raymond Nichols, who has given special appointment, or the committee itself.
The assumption has been that the committee would submit only one name for the chancellor's consideration, but Shenk said that if there were several candidates with different names, the committee might submit more than one and let the Chancellor decide among them.
On the committee with Shenk are Kenneth Anderson, professor of education; Skipper Williams, Lawrence businessman; J. Roy Holliday, Kansas City area businessman, and David Dillon, Hutchinson senior and student body president.
Kansan Staff Photo by T. DEAN CAPLE
Visual Arts Students Design Monumental Building .. Kansas Jayhawk main theme for complex class project ...
Unionist Nominated As Labor Secretary
WASHINGTON (AP)—President Nixon said Wednesday he would nominate "hardtud" union leader Peter J. Brennan to be the next president in 20 years to be kicked for the post.
In relaying the surprise announcement to newsmen, press secretary Ronald L. Leonard said in an interview that his chief, James D. Hodgson, had told Nixon he wanted to return to private life. However, Ziegler said Dhodgson was weighing a Nixon job offer — not specified — in the international area.
The Brennan selection was announced at Camp David, Md., before Nixon returned to Washington to meet a South Vietnamese envoy.
Berman, president of New York City and State Building and Construction Trades Council for the past 15 years, was described by a reporter as "a man who worked hard for Nixon's re-election."
The President first met Brennan after the labor leader led a 1970 mass march of construction workers and longshoremen to protest against Nixon's Vietnam policies.
Ziegler said the Breman nomination, subject to confirmation by the Senate, had the blessing of AFL-CIO President George Meany and the Teamsters' president. The 54-year-old Breman conferred with Nixon secretly at Camp David Tuesday.
Breman's choice by Nixon is viewed in labor circles as an overture toward Meeny who has supported Nixon in Vietnam but who is critical of administration economic policies.
The last union leader to serve as secretary of Labor was Martin Durkin who held the post in the early months of the Eisenhower administration.
Prior to the meeting, some diplomatic sources said Dac would propose a summit between Iran and Israel.
Indochina Peace Reviewed
★ ★ ★
White House press secretary Ronald L. Ziegler said the two-and-a-half-hour meeting was a framed detailed exchange of information, and discuss any of the substance of the talk.
WASHINGTON (AP) - President Nixon held a lengthy meeting Wednesday with special South Vietnamese envoy Nguyen Xuan to review the Indochina peace efforts.
Ziegler, who was not at the meeting, said he had no personal knowledge that Duc had proposed a meeting and that no meeting was planned at this time.
Zingier told reporters earlier Wednesday that the two previous meetings between Nikki and her husband, Jack.
namesse President Nguyen Van Thieu in December.
But he added, "Obviously I cannot rule out a meeting between President Nixon and President Thieu sometime in the near future."
Also attending the Wednesday meeting
NEW YORK (AP)—When construction workers' unions began rallying in public demonstrations of support for President Nikon's Vietnam policy, no "hardhat" was named by Peter J. Brennan, named by the President Wednesday to be the next secretary of labor.
StudEx Passes Proposal to Trim Student Bus Levy by 50 Per Cent
Brennan was back of the controversial New York Plan" for getting more blacks on the streets.
Kansan Staff Writer
The cut was recommended by David Dillon, Hutchinson senior and student body president, and Ken Reeves, Lawrence second-year law student and co-chairman of the Housing Committee, which administers the campus bus system.
By JOHN PIKE
Kansen Staff Writer
The Student Executive Committee (StudEx) voted Wednesday night to recommend that the Student Senate cut the student loan from $24 in student each semester to $1.
The recommendation will be submitted to Chancellor Raymond Nichols Dec. 5, the deadline for agencies to request a levy in the college fee charged to all students at enrollment.
At a news conference following his nomination by Nixon, Brennan lost his cool once—when asked about charges that construction unions bar blocks. He denied it and told he was all for admitting minority workers to unions, and urged: "Look at the book."
Minority groups, however, shouted "fraud" and "phony" when it was adopted with Gov. Nelson A. Rockefeller's and Mayor John V. Lindsay's blessing in 1970. Black leaders haven't changed their minds about the plan or Brennan.
The record shows that over the years, Brennan has made repeated public statements that the unious were improving in their job performance and solving the reluctant few into doing better.
Duc was accompanied by South Vietnamese Ambassador Tran Khan Phuong. The two Vietnamese officials continued to train Gangger after the session with the President.
were presidential adviser Henry A. Lewis's deputy, Gen Alexander M. Hainz
DILLION ANNOUNCED subsidizing the bus service was costing the Senate an average of $1,300 a week. From the first week, the Senate collected $30,000. About $24,000 a week.
The council he has led is composed of more than forty unions with about 250,000 members.
silver-haired Breman says the people he
silvers for "always make out that we keep me
Revees said a charge of $1 a student, added to the funds remaining from this semester, would give the system just enough to operate next semester.
The cut in the levy was proposed because the bus service will have a surplus of $6,000 at the end of this semester that can be applied to next semester's operations, Dillon said.
Ziegler said Nixon will hold no further talks with Duc.
Gus DZerega, Wichita graduate student,
announced at the meeting that he and
Richard MacKenzie, Hutchinson second-
year law student, would introduce a bill to
the Dec. 6. Student Senate meeting to end
the student subsidy of the campus bus system.
DIZEREGA'S BILL would discontinue the subsidy after this semester. He said students could form car pools from distant apartment complexes and that on-campus bus service was not essential because the bus route would not far enough to warrant the cost of buses.
Funds for the rent charge were allocated to the BSU last year. When they mistakenly used unused they reverted to this year's contingency fund, Dillon said.
Revees then he preferred that the system be forced to work within a tight budget rather than start the semester with more resources; it needed and no pressure to economize.
Dillon said the $1 proposal to the Chancellor would carry a notation that the $1 request would be withdrawn if the Senate voted to suspend the subsidy of the system.
Reeves told StudEx that the University should establish a definite policy toward the bus system, then work within the guidelines of that policy, whether it was the present contract system or one in which the University leased or bought its buses.
"Peter J. Brennan represents the most reactionary section of organized labor," said James Shanklin, president of NAACP. "His appointment as secretary of labor by President Nixon is one more in a long line of political payoffs to the enemies of black people and has direct implication for his policy."
recent controversy over the BSU's food allocation.
Duane Vann, Lawrence sophomore, appeared as a representative from the group.
StudEx decided the only legal way to manage the payment was to allocate the $798 from the contingency fund to an increase in Vann's SBU salary and have him then transfer the money to Hope Plaza to pay the bill.
The BSU has been criticized for buying doughnuts and coffee with what was termed "bread and butter."
StudEx accepted a proposal by Dillon that the problem be taken to the senate at its next meeting for a vote whether the national" limitation should appear in the act.
StudEx also voted to pay an overdue bill for rent by the BSU for space in Hope Plaza. The senate failed to pay the bill last year through a procedural mistake.
VANN ARGUESD that although the final copy of the act allocating the funds specified that the treasurer should approve only those expenditures for "nutritional" foods, no mention was made of the "nutritional" bill. The act was voted on by the senate last year.
Saigon has demanded a written pledge by Taoichi to withdraw all its forces from the conflict, acknowledged it has troops below the demilitarized zone and this has led to a refusal to make any direct mention of the manpower situation in the prospective war.
In South Vietnam, Foreign Minister Tran
Lam said the summit report,
"We have succeeded."
U. S. sources say, however, Hanol has indicated it may accept a tacit accord to at least reduce its forces, estimated at about 145,000 men.
But he added, "This summit meeting between the two leaders at any moment is always necessary in order to coordinate their policies."
However, American officials say Nixon, after first refusing to see Duc, changed his mind in order to tell the Saigon envoy that he was not a concessions that can reasonably be expected.
Brennan, who started his life in unionism as an apprentice painter after finishing high school, personally gave the President a construction man's hard hat and one another a whiteboard. White House formally acknowledged its gratitude for the support of the unionists.
The main problem holding up a final peace settlement is thought to be the continuing presence of North Vietnamese troops in South Vietnam.
Sunday Kisangier will leave for Paris to
visit her brother and fiancee. Due The
Dat were interrupted last Saturday.
Therefore, these sources say, use the Wednesday meeting was sought so Duc could try to convince Nixon this is not the time for a peace agreement.
A good mixer who moves effortlessly among sometimes antagonistic groups and is at ease as a formal speaker, Breman was a natural choice to be a spokesman of proadministration unionists. A husky figure at 205 pounds, and just under 6 feet tall, the
The South Vietnamese government kept to its public stand Wednesday that it will accept nothing less than a total and immediate withdrawal of all North Viet-
Reports varied about the purpose of the Nixon-Duc meeting. South Vietnamese sources in Paris and Saigon claim there has been no relaxation by North Vietnam of its demands in the private talks between Henry A. Kissinger and Le Duc Tho.
At his news conference, Breennan denied his nomination was a political payoff for his run in the governor's race.
Holiday Trim
The appearance of Christmas decorations only days after Thanksgiving vacation.
GAME GAMES by LOS ANGELES
Bronchart, Building 108 and his assistant, the arrangement of the decorations is right on schedule. The lights, expected to be turned on Dec. 5, are a reminder that only twelve days remain until final exams and Christmas break.