Law Review Urged To Delay Program

The Law School faculty will vote today on a proposal which recommends that the Law Review delay implementation of its controversial affirmative action program for one year.

The proposal-authorized by a fourman faculty committee and released yesterday-states that the Review's plan to consider sex and race in its selection process is not "consistent with the basic values of the Law School Community."

However, the committee, created by Albert M. Sacks, dean of the Law School, to consider he issue of affirmative action on the Review, lauds the effort to increase the representation of women and minorities on the journal.

Sources at the Law School said yesterday that the faculty will probably approve the proposal quickly. The rest of the debate will center on whether or not the faculty should endorse the principle of affirmative action, they added.

The Review voted last Friday to delay implementation of their program for one year on the condition that the faculty accept the validity of the principle of affirmative action. Mark B. Helm '78, president of the Law Review, said yesterday. "It is important that any delay that we get not be seen as a repudation of affirmative action at the Law Review," he added.

"The faculty shares the goal of the editors of the Harvard Law Review to achieve greater diversity in student membership," the report says.

But, it adds, "While the gap between the Review position and what we felt we could recommend is not great, if does exist."

Helm declined to comment on whether the Review would accept the committee's recommendations, saying that he would wait until the faculty came to a decision about the Review's plan today.

Selection to the Law Review is currently based on grades and a writing competition. The journal's plan would add a third category in which race and sex could be considered.

The faculty report states that this plan is "not well calculated to achieve the desired results," because it relies upon self identification of minorities and because anonymity could not be maintained.

In addition, the report claims that introduction of a third standard for selection might damage the honor attached to Law Review selection.

"It is noteworthy that the other symbols of status at the Law School-grades, degrees with honors, etc.-are awarded on a basis of performance only, determined without regard to individual characteristics," the report says.

Detlev F. Vagts, professor of Law and chairman of the committee, could not be reached for comment yesterday.

Ruth A. Bourquin, chairman of the Women's Law Association, said yesterday.

"There is a concern that delay without any commitment to increased representation is bad, but we have definite problems with the plan."

The proposal troubles the association because it "pits minorities against women." Bourquin added.

Lorenzo S. Little, president of the Black Law Students Association, said yesterday, "The real problem with the report is that because we don't have the best solution, they are suggesting that nothing be done."

"The vote on this program was close and we are not certain that with 40 new members next year, and the negative publicity the plan has gotten, that there will be the same type of commitment to increased representation next year," Little added