<strong>Guild</strong> Notes ▪ Summer/Fall 2009Doris Brin Walker: a celebration of 90 yearsby Terry Koch“The NLG should pay more attentionto global warming.”This is where my conversation withDoris Brin Walker (Dobby) started ona July afternoon, just a few weeks afterher 90th birthday celebration.As a 16 year-old in Dallas in 1935,Dobby’s parents decided that she wouldstart college in Austin, Texas. Criticalpolitical understandings occurred whenthe Texas House Unamerican ActivitiesCommittee subpoenaed her geologyprofessor. She later transfered to Universityof Southern California, but aftertaking the train there with her father andlooking at the school, she said, “Notfor me.” She crossed town to the publicschool, University of California-LosAngeles (UCLA).When asked who she looks up to,Dobby replies: “Larry Sperber. Wemet at UCLA and he made me a Marxist.”While at UCLA, Dobby attended apeace demonstration, her first politicalactivity. She took philosophy withProf. Piatt and became an atheist. Shethen joined Alpha Epsilon Phi, married(and later divorced) a member of ZetaBeta Tau, and learned to love music(especially Bach), which she says “hasmade an enormous difference in mylife, having grown up without music athome.”On a train from Los Angeles toTexas, Dobby picked up a discardedcopy of The Nation and had an epiphanywhile reading an article about theACLU. It was then that she decided tobecome a lawyer. After she graduatedPhi Beta Kappa from UCLA, she wasaccepted to UC Berkeley―Boalt Hall,graduating in 1942. She was the onlywoman in her law school class.After her graduation from Boalt,the Office of Price Administration hiredher. Once she was sworn in as an attorney,Dobby joined the Communist Party(CP-USA). In 1944, she moved on towork at the Gladstein labor law firm.By 1946, she had joined her comradeJessica Mitford as an organizer for theFederal Workers Union.In Oakland, she worked in theHeinz, Del Monte, and Gerber canneries;she was consistently fired for hernon-surreptitious and blatant organizingactivity. Cutter Laboratories hiredDoris Brin Walker and Marjorie Cohn atDoris’ 90th birthday party. Photo courtesyof Marjorie Cohn.her as a clerk-typist in 1947 and firedher after a strike in 1949. That incidentgave rise to her status as a namedplaintiff in the 1956 Supreme Courtcase, Black v. Cutter Labs. Cutter Labsostensibly fired her from her positionin 1949 because she did not discloseher past union activity on her application.In truth, she was fired for herunion activity at Cutter Labs, a practicethat is still prohibited and yet stillhappens all the time.Dobby’s appeal was not upheld bythe Court, but Justice Hugo Black wrotean eloquent dissent supporting her position.By the time the Supreme Courtrendered its verdict in her case, she hadbeen a litigator for six years in the SanFrancisco Bay area, one of only twowomen doing such work.Also, by 1956, the Office and ProfessionalWorkers Association/Unionhad succumbed to the Landrum-GriffinAct’s anti-communism. For Dobby, discriminationand persecution for politicalbeliefs subsumed the discriminationwhich occurred because of gender. Althoughshe has never viewed her statusas a woman as a handicap, Dobby didencounter problems of gender discriminationwithin the CP-USA.Some of her favorite cases are thePowell Sedition Case, Nancy Stoller’sUC Santa Cruz tenure case, the successfuldefense of Professor Angela Davisfrom a charge of murder, and a CaliforniaSupreme Court victory in Edwardsv. Steele.Throughout her life, dialecticshave helped her understand differentsides of cases, and she would like to beremembered as honest and a “left-wingradical.”Dobby gets her news by readingthe San Francisco Chronicle, the NewYork Review of Books, the Guardian,The Nation, and the internet. She doesnot watch television, but got her firstcomputer at the age of 88.She continues her NLG activitiesyearly at the Conference of Delegatesmeeting. Still an active debater, shewas honored by diverse bar groups andcounty associations for more than 50years of participation in the conference.At the 1970 convention in WashingtonD.C., Dobby became the firstwoman president of the NLG. At thetime, a young man speaking from thefloor called her “a man in a woman’sskirt,” and no NLG member, man orwoman, said anything. A bitter memoryof this occasion still remains withher after nearly 39 years. This shouldremind people that politics, more thangender, divides people. □▪ 28 ▪
Notes-worthy NewsMourning the loss of an NLG legend: firstfemale president diesby Marjorie CohnLong-time NLG member and first woman president ofthe <strong>Guild</strong>, Doris “Dobby” Brin Walker, died on August 13at the age of 90. Doris was a brilliant lawyer and a tenaciousdefender of human rights. The only woman in her Universityof California Berkeley law school class, Doris defied the oddsthroughout her life, achieving significant victories for laborand political activists. She was beloved by <strong>Guild</strong> memberswho would hear Doris’ passionate, principled, and compellingvoice at and between conventions.Doris’ legal and political activism spanned several decadesand some of the most turbulent but significant periodsin U.S. history. She organized workers, fought against JimCrow and McCarthyism, was active in the civil rights andanti-Vietnam War movements, and actively opposed the currentwars in Iraq and Afghanistan.At UCLA, Doris became a Marxist. After she was swornin as a member of the California State Bar, Doris joined theCommunist PartyUSA, remaininga member untilher death. Upongraduation fromlaw school, Dorisbegan practicinglabor law; but afew years later, she went to work in California canneries asa labor organizer. When Cutter Labs fired Doris in 1956, thecase went to the Supreme Court. Although the Court refusedto hear the case, Justice Douglas, joined in dissent by ChiefJustice Warren and Justice Black, wrote, “The blunt truth isthat Doris Walker is not discharged for misconduct but eitherbecause of her legitimate labor union activities or because ofher political ideology or belief. Belief cannot be penalizedconsistently with the First Amendment . . . The Court todayallows belief, not conduct, to be regulated. We sanction aflagrant violation of the First Amendment when we allowCalifornia, acting through her highest court, to sustain Mrs.Walker’s discharge because of her belief.”Doris returned to the practice of law and representedpeople charged under the Alien Registration Act of 1940(the Smith Act) in California. The Act required all residentaliens to register with the government, enacted procedures tofacilitate deportation, and made it a crime for any person toknowingly or willfully advocate the overthrow of the governmentby force or violence. The work of Doris and other <strong>Guild</strong>lawyers led to Yates v. United States, in which the SupremeCourt overturned the convictions of Smith Act defendants in1957. After Yates, the government never filed another prosecutionunder the Smith Act.During the McCarthy era, Doris was called to testifybefore the House Un-American Activities Committee andshe also represented several HUAC witnesses. From 1956 to1961, Doris successfully defended William and Sylvia Powell,who faced the death penalty, against Korean War seditioncharges. The U.S. government charged that articles Powellhad written reporting and criticizing U.S. biological weaponsuse in Korea were false and written with intent to hinder thewar effort. When a mistrial ended the sedition case, the governmentcharged the Powells with treason. Attorney GeneralRobert Kennedy dismissed the case in 1961.A partner with the <strong>Guild</strong> firm of Treuhaft & Walkerin Oakland, California from 1961 to 1977, Doris’ practicefocused on civil rights, free speech and draft cases during theVietnam War. She also defended death penalty cases. Perhapsbest known for her defense of Angela Davis, Doris was partof a legal team that secured Angela’s acquittal on charges ofmurder, kidnappingand conspiracy. Inthat case, whichHarvard ProfessorCharles Ogletree in2005 called “clearlythe trial of the 20thcentury, and onethat exemplified the vast and diverse talents of the true DreamTeam of the legal profession,” the defense pioneered the useof jury consultants.Doris was elected president of the <strong>Guild</strong> in 1970 after abruising battle during which one opponent labeled her “a manin a woman’s skirt.” She paved the way for the election offive women <strong>Guild</strong> presidents in the ensuing years.Serving as Vice President of the International Associationof Democratic <strong>Lawyers</strong> from 1970 to 1978, Doris supportedthe struggles of victims of U.S. imperialism throughout theworld and was instrumental in the development of internationalhuman rights law. In 1996, Doris served as one ofeight international observers at the South African Truth andReconciliation Commission hearings led by Desmond Tutu.In 2004, Doris submitted a resolution on behalf of the<strong>National</strong> <strong>Lawyers</strong> <strong>Guild</strong> Bay Area Chapter to the Conferenceof Delegates of the California Bar Association asking for aninvestigation of representations the Bush administration usedto justify the war in Iraq, for possible impeachment.Noted writer Jessica Mitford and Doris were close friendsfor years; Jessica was married to Robert Truehaft, Doris’ lawpartner. When Doris invited Jessica to join the CommunistDoris was elected president of the <strong>Guild</strong> in 1970 after abruising battle during which one opponent labeled her“a man in a woman’s skirt.” She paved the way for theelection of five women <strong>Guild</strong> presidents in the ensuingyears.▪ 29 ▪