The Harvard Law Review is expected next month to grant retroactive membership to a former law student they spurned following his leftist activities at Cornell and his use of the Fifth Amendment when questioned by a Congressional panel investigating "subversion and education" in 1953.

Though the case of Jonathan W. Lubell's rejection from the review has been discussed by review boards in the past, this is the first year the review will officially attempt to rectify the decision of the 1954 board.

Twins

A member of the Law Record and Legal Aid Bureau, Lubell, and his twin brother, David G. Lubell, also a member of the Law Record, faced a Congressional panel investigating subversive activities in education because they had been sympathetic to communist doctrines while at Cornell.

David Lubell, currently a member of the law firm Cohn, Glickstein, Lurie, Ostrin and Lubell with his brother, said yesterday he and his brother organized "procommunist" rallies and petitions as students at Cornell in the early '50s but were not "disruptive."

Pled the Fifth

During their testimony to the Congressional panel in the spring of 1953, the Lubell brothers used the Fifth Amendment to avoid self-incrimination then returned to the Law School only to be expunged from their respective positions with the Law Record and Legal Aid Bureau.

One year later, the Law Review rejected Johnathan Lubell though his grades met the requirements for admission.

No Comment

President Bok was a member of the Law Review board that rejected Lubell in 1954. Bok refused to comment last spring, saying he did not remember the details of the case.

Andrew L. Kaufman, a professor of Law, trustee of the Law Review, and president of-the Law Review at the time of Lubell's rejection, refused to comment on the Law Review's decision, adding that he has made sure the board members are dealing with the correct facts.

Phillip E. Areeda, also a professor of Law and a member of the 1954 board, refused to comment on the Law Review's decision to grant Lubell a retroactive membership.

"It's a good sign when institutions, as well as people, take action to alter a past mistake," David Lubell said.