Louisville Law Examiner Serving the University of Louisville School of Law Community
Volume 16, Number 1 Louisville, Kentucky - September 1990 Circulation 4,800
School Of Law
Welcomes New Dean
by Stephen Waltrip
Managing Editor
The School of Law is proud to
announce the arrival of our new Dean,
Donald L. Burnett, Jr. Judge Burnett
comes to Louisville with an impressive
resume of professional achievements,
including service as an appellate judge, as
a practicing attorney and state bar
president, and in teaching law in several
different areas. In choOsing the new. dean
from a non-traditional background, the
law school expects his vast and varied
experience in the law outside academia
will bring welcomed insight, leadership,
and enthusiasm to the position.
Judge Burnett was born in Pocatello,
Idaho, in 1946. He attended Harvard
University on a scholarship, graduating
in 1968 with a B.A. degree magna cum
laude in economics. He then received a
scholarship from the University of
Chicago Law School, where he earned his
J.D. degree in 1971. He recently earned
an LL.M. degree from the University of
Virginia School of Law in 1990.
Judge Burnett began his legal career as
a judicia1 clerk to the Chief Justice of the
Idaho Supreme Court. He then served as
an assistant attorney general for the state
of Idaho, and he subsequently entered the
private practice of law at Pocatello.
During his practice, he served as executive
director of the Idaho Judicial Council,
and he became the president of the Idaho
State Bar. In 1982, he was appointed to
the newly formed Idaho Court of
Appeals: In 1986, he was retained in
office by Idaho voters for a six-year term.
In, ~-ay -J 9.?.P. a p.e~~s?-~~:~ poll Q,~. Id~~o
lawyers gave Judge Burnett the highest
rating of any state or federal appellate
judge. On July 16, 1990, he became the
Dean of the University of Louisville
School of Law.
Judge Burnett is the national editor and
chief author of "Remand," a quarterly
publication of the Appellate Judges
Conference of the American Bar
Association. He also is an author and
editor of the Idaho Appellate Handbook,
a comprehensive manual on state and
federal appellate practice which has been
cited as a model for other jurisdictions.
Judge Burnett has served as an adjunct
faculty member at the University of Idaho
College of Law, and has lectured to the
National Judicial College. He is a
frequent speaker at continuing education
programs for the Bar and the judiciary.
As a Major in the Judge Advocate
General's Corps, United States Army
Reserve, Judge Burnett serves on an
international law team. He also is a
member of the Judge Advocate. General's
Legal Assistance Advisory Committee.
Judge Burnett is married and has two
sons, one of whom is an undergraduate
at the University of Virginia. His other
son will attend junior high this fall at a
Jefferson County public school. His wife,
Karen, also a Pocatello native, is a
graduate student in English literature. She
holds a B.A. degree in English from the
University of Chicago and a B.A. degree
in music from Idaho State University.
Karen is just finishing her master's degree
in English and will be interested in a
Ph.D. program somewhere in the
immediate area quite soon.
(continued on page 7)
," .:_ 't I' J. ~ \._ • t ' • -
Library Reorganized
by Harry B. O'Donnell, IV
Over this past summer, the Law
Library was extensively re-arranged and
refurbished in order to improve access
and services for both law students and the
local legal community.
According to head law librarian David
Ensign, over a year's worth of advance
planning went into the major changes
implemented during the summer. This
extensive planning was directed to
arranging the library so that the most used
materials and services are more readily
accessible, establishing a well-lit central
study area for students, and allowing for
future growth of the library's collection.
The changes are obvious. All of the old
state reporters have been relocated from
the front room of the first floor and this
is now a well-lit study area with tables and .
new chairs. Just to the left as one enters
the front room is a new reference desk,
staffed by a librarian during peak hours.
The basic reference volumes are located
in low shelves at the front of this section.
Throughout the library, the collection
has been moved and re-arranged in a
more logical manner to allow for growth.
Significant changes in the location of
materials and equipment include:
1. The entire periodical collection (law
journals and other periodical publica­tions)
have been relocated from the
basement mezzanine to the front section
of the second floor. The second copies of
some journals that used to be located in
the northeast back section of the second
floor have been integrated into the
primary copies of the same titles in the
front section of the second floor. The
indexes to the periodicals are now located
on the first set of shelves on the second
floor.
2. Form books are no longer located on
the federal side of the back area of the
first floor. The form books have all been
classified and are now located within the
classified books in the front section of the
basement. The more popular form books
are generally located at classification KF
170. To locate a specific set of form
books, you can use the computerized
(continued on page 6)
Plloto by Frank Demp!14!y
Orientation Helps First-Year
Students To Adjust
by Christopher Klein
· On August 17, 1990 nearly 100 first­year
law school students gathered outside
the Allen Courtroom at the University of
Louisville School of Law to begin their
dreaded "first year." The students,
unusually quiet and somber, stood in
small groups as they scanned their fellow
students, searching for familiar faces or
college friends. Conversations consisted
mainly of how each student's summer had
been spent. Interestingly, most students
spoke as though the summer was
officially over and a new season of "fear
and questions" loomed on the horizon.
Every student came to the School of
Law with a pre-conceived notion of how
the first year would be spent. A majority
of students were acquainted with the
humbling experiences set forth in l L by
Scott Turow of his first year at Harvard
Law School. Other students have heard
the traditional horror stories of various
law school professors that have been past
down from class to class. Whether these
stories and experiences are true does not
matter to the ordinary student, but to the
180 first-year law students, each story
only served to send the anxiety and stress
levels skyrocketing.
The orientation to law school, held
before the beginning of each new class,
is designed to identify the fears and
questions of the students and to help
establish fact from fiction, reality from
myth. The program's ultimate goal is to
prepare the students for the transforma-tion
from the undergraduate studies to the
rigorous study of law. This year's
orientation lasted two days - August 17
and August 20. The extra day was added
to enable the first year students to receive
as much information and instruction
concerning the day-to-day operations of
law school as possible.
J. Michael Brown, Director of Law for
the City of Louisville and the current
president of the Louisville Bar
Association, was this year's main speaker.
Mr. Brown gave the students an overall
view of the law school experience. He
stressed the basic principle of hard work
and dedication as being the key to one's
success at the University of Louisville.
Mr. Brown also spoke of the sudden lack
of contr.ol the first year students will face.
Suddenly, students no longer have the
privilege of selecting courses, dodging
professors, or scheduling late morning
classes, but are thrust into a section where
everyone starts on an equal level.
The always popular and energetic Dr.
Thomas L. Owen, Associate Archivist
and Historian, followed Mr. Brown and
provided the students with the history of
the University of Louisville School of
Law. His speech enabled the students to
grasp a sense of identity of the School of
Law, as well as the historical perspective
of the roots of the school.
The session on "How To Brief A
Case," demonstrated by Professors
Kathy Bean, Cathy Blackburn and Jim
(continued on page 3)
Louisville Law Examiner
EDITORIAL BOARD
Frank L. Dempsey
Editor-In-Chief
Brent Hall
Hal Fri~dman
Day Associate Editors
Brett Oppenheimer
Brandeis Brief Editor
A. Whitney Thacker
Lay-Out Editor
Stephen E. Waltrip
Managing Editor
Harry B. O'Donnell IV
Night Associate Editor
Curtis TbornbUI
Photography Editor
David Strite
Sports Editor
Richard A. Nunnelly
Business Manager
Mark Broadus
Eric Saltbe
Derrick Wilson
~berry Dorner
STAFF
Finn Cato
Erin Brown
Andrew N. Clooney
Chris Klein
Professor LAURENCE C. KNOWLES, Consultant
Professor RONALD EADES, Consultant
The Louisville Law Examiner is published six times during the academic year
in the interest of the University of Louisville School of Law community.
Articles are invited from faculty members, students and members of the bar
who wish to do freelance work. Any proposed article should be cleared with
the Editor as to topic and length.
Address all communications to The LouisviJie Law Examiner, School of Law,
University of Louisville, Louisville, KY 40292. Phone: (502) 588-6399.
Plloto •r C.tlq T••
Some of tbe new Law Examiner editors take In some son between potting out lssu~s.
On tbe firing line are, standing, Hal Friedman, Whitney Thacker and Steve Waltnp.
Sitting, Frank Dempsey.
W6LL $1._ . .. J'M
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.
Humor
Towards A New
National Agenda
by Derrick Wilson
and Sherry Durner
negotiation of sports contracts and draft
picks. All of the students proclaim that
they are sincerely interested in this aspect
Our new dean has brought an exciting of the law and that pecuniary gain has
and important message with him - our little to do with the exercise. But certain
school is on its way towards being a problems with their chosen site still exist.
national law school. All of us recognize For example, there will be no on-campus
the importance of this goal, but the parking, but the University of Louisville
question remains, "How can I make our students should be used to this by now.
school a national law school?" Submitted Chairs- A national law school needs
are a few informal proposals with this a nationally recognized chair. A chair is
question in mind. An informal discussion a symbol of the support needed by law
with' other students has brought forth students throughout their impressionable
several solutions. years. The "Agent Orange" chairs we
Satewllite Campuses-A national law currently have in the library do not
school needs to have more than just one project that all important and inviting
campus. Multiple campuses reflect impression. White swivel chairs, however,
diversity, depth and hopefully, tasteful project a certain amount of confidence
architecture. Although I've heard that and, yes, cockiness which all students
American University has their Beirut need. A recent survey of students indicate
campus on sale for rock-bottom price, the · that overall morale has declined by
climate is much too hot and students approximately 29 percent after removal
would be unable to tailgate at University of the chairs. According to one student,
-of Louisville football games. after removal of the chairs. he suffered
Dave Strite and Bill Haynes have withdrawal which left him unable, for
suggested a bold idea - the Granville some reason, to get to sleep at night.
campus. As envisioned by these two Curriculum -As our dean has already
designers, the Granville campus would mentioned, our school needs more depth
host a D.U.I. clinic and the Journal of in its curriculum. In the pursuit of this
Sports Law. The clinic would provide goal, we have encountered several
students an opportunity to examine first- setbacks. The proposed Sports Law and
hand potential D.U.L clients. The journal Securities TranSactions seminars will not
wouldprovide a me'!!l~s for.sports fans to be offered in ·. the spring because the
.fulfill the writing requirement while professors who were to teach these
watching the NFL every ~onday. Right ~lasses, Profes~<;>~s ~e~~~~ B,q~~f.Y· are
now, a test , p~ogr;: is b;in!Jc~ndu~~ef: " :.~'?~~(.! ~p in~'1fr:.~iY\\_i}:..s._q.1flW»'~ax
by! . &e-~c iStU . .. UlV . VIP . , _ ;.-.~ n;~ . h3 (c91J,MJ.if.Ci~ !h/l~KF,3f;l« ~
Editorial
Summer Brings Many
Changes To Law School
The summer brought a wealth of
changes to the School of Law. An eager
new class of law students, new professors,
a new librarian and, most noticably, a
new dean. As new staffers at the Law
Examiner, we welcome all these changes.
The freshman class of 1990 comes to
law school with the highest LSA T scores
and grade-point averages ever. They
represent the cream of the large crop of
applicants and we're sure they'll make
great contributions to the law school. We
wish them luck and offer them support
and friendship.
The administration continues to recruit
the finest available scholars for the
INTESTATE!!
faculty. Bringing nationally recognized
professors to the University of Louisville
can only help raise the academic
standards around the School of Law.
A new librarian, David Ensign, has also
brought change to the law school. An
inventive and likely helpful new
arrangement for the stacks should be a
welcome aid to all who use the library for
research and study - especially students, as it often seems we spend much of our
lives there. After we find our way around
the new floor plan, the changes should be
more than helpful.
Surely the most important new face
around this fall is new Dean Judge Don
Burnett. We believe that his fresh
experience will bring innovation and
positive change to the law school. His
work outside the academic sphere should
give him the perspective and the new
point of view the University of Louisville
School of Law needs to make the vital
changes necessary to enter the 21st
century as a national rather than regional
law school.
We look forward to this year and the
changes that are sure to ensue.
· .' .; ''" ..... · ~ ~ ·· ·"'··· .. ~:Events· A·ftd.-..---........... -.. k . ... ~ • • • ••
Plloto 'r Frut IJeiiJp!leT
Louisville Attorney Herb Segal awards first-year student Chris Moses a $5,000
scholarship from the ADA's committee on la~or law. The scholarship is named for
former labor law committee chair BUIIsaacsOia. Segal fs now dmlr ortbt·tommftt'M.
Moses is a graduate of St. Xavier High School aad attended Duke University before
receiving his degree from the University of LoulsvUie.
Orientation
(continued from page 1)
Jones, provided the students hands-on
information for the preparation of a daily
class. This year's case, Fisher v. Carousel
Motor, centered on whether the snatching
of a plate from soneone's hand meets the
elements of a battery.
After a picnic on the Oval, students
, attended afternoon seminars. Topics such
as "Handling Stress," "Dealing With
Differences On A College Campus," and
the always popular "How To Study"
seminar, given by Brandeis Society
President Jo Lawless, sought to identify
· the traditional law school problems and
' provide advice. The remainder of the
afternoon was spent obtaining books,
lockers, and I.D. cards. Unfortunately,
the bookstore, located in the new Student
Activities Center, was not in full
operation. However, Associate Dean
Jackie Kanowitz was able to work out a
deal allowing the first-year students an
opportunity to obtain their books.
The orientation continued on Monday,
August 20, 1990. The school's newest
addition, Judge Donald L. Burnett, fresh
from the Idaho State Court of Appeals,
gave an enthusiastic talk to the students.
Judge Burnett became the Dean of the
School of Law on July 16, 1990. He
already has begun taking steps to
,.._ transform the School of Law into a more
competitive and dynamic program. The
morning was completed with presenta­tions
on "Personal Safety,"
"Professionalism," and the services of
the "Placement Office."
The last scheduled event for the day
was the first-year students meeting with
their student advisors. The advisee­advisor
program is strictly a voluntary
service provided by second-, third- and
fourth-year students. They are paired up
with first-year students to dispense sage
advice and wisdom. It is hoped the
relationship between these students will
last for the year and into the future. This
program allows the first-year student to
receive the practical day-to-day informa­tion
that is needed to make the first year
a bit more enjoyable. The student
advisors are to be commended for their
involvement and contribution to the first­year
students.
The orientation was officially
completed after the annual cocktail party
held this year at the Louisville Bar
Association on Main Street. Various
judges and respected attorneys attended,
as well as many of the faculty members.
For the second straight year, the cocktail
party was held during Louisville's
Straussenfest. This may have caused a
problem with parking, but it allowed
everyone the opportunity to rub elbows
with ajudge, attorney, or professor and
then grab ll hot brat and a "glow in the
dark" mug of cold beer.
The SBA would like to thank Charlene
· Taylor and Mary Jo White whose hard
work and assistance made the orientation
a success.
Announcements
The Continuing Legal Education
Institute of the University of Louisville
School of Law and the Louisville Bar
Foundation are sponsoring the second
annual Ralph Petrilli Seminar on Friday,
October 5, 1990 in the Allen Courtroom
-at the School of Law. ·
This year's topic is "The Use Of
Contempt Sanctions In Family Law
Cases." Speakers will include Maryland
Assistant Attorney General Ralph S.
Tyler; Professor Susan Apel of the
Vermont Law School; Judge John Potter;
Vernon C. Rickert, Jr., Director of
Programs and Services for the Family and
Children's Agency; and David Cathers,
Director of the Child Support Division
for the Jefferson County Attorney's
Office.
Tuition is $55 for Louisville. Bar
Association members and $75 for non­members.
Participants will earn 4.5
Kentucky or West Virginia CLE hours or
4.0 Ohio or Indiana CLE hours.
To register, send your check to the
Louisville Bar Foundation, 707 West
Main Street, Louisville, KY 40202.
Delta Theta Phi has announced its
activity schedule for the fall schedule.
Events will include tailgate parties at
home football games, a ride with
policemen on the annual Police Beat, a
trip to the Home of the Innocents, a Road ·
Rally, and Homecoming Cocktail Party
and Initiation in November. Alumni,
student members and interested new
students are encouraged to attend.
..OMWiiQ.J~ta pr · 1eld
at the Law School.
The Christian Legal Society (CLS) is
being formed by and for members of the
law school community this year. CLS is
a Christ-centered service organization
which seeks to provide opportunities for
Christian fellowship, community service
and personal growth. Membership is open
to law students, attorneys, judges, pre­law
students and non-professionals.
There will be formal bi-weekly meetings,
informal weekly Bible discussions and
occasional guest speakers.
Service activities being considered
include a food drive for the homeless,
working with the CASA program and
developing a_ network of Christian
attorneys willing to assist poor persons in
need of legal services.
If you would like to know more about
CLS, please drop a note in the CLS
mailbox at the Student Bar Association
Office.
This year's Career Night will be
conducted in the School of Law on
Wednesday, September 26, 1990. Fifty or
more representatives from law firms,
corporations, federal, state and local
governments, will be present from 6:50
p.m. until 8:00 p.m. (and longer if the
student interest is great enough) to visit
with interested students about their
particular areas of employment.
Environmentalism is everywhere you
turn these days. It's on television. It's in
your grocery store. It's in Congress and
state legislaatures across this country. It's
under your bathroom sink. Is it any
wonder that Environmental Law is
identified as one of the major growth
areas for the 90s?
If you have a specific interest in the
practice of Environmental Law, or if you
are interested in discovering how
Environmental Law affects us all on a
daily basis, or if you just like associating
with environmentally-concerned citizens,
the Environmental Law Caucus is for
you.
Any interested law student should place
his/her name on the sign-up sheet located
on the bulletin board adjacent to the SBA
office. If you collectively express
sufficient interest, you will be notified
individually of the time and place of the
organizational meeting.
The SBA is sponsoring a Homecoming
Dance for students and alumni on
Saturday, October 27. Tickets are $20.00
per person and food and drinks are
provided. The dance will run from 9:00
p.m. to 1:00 a.m. and the location is to
be announced. Call the SBA office at
588-6398 for more information.
Jamieson G. McPherson, a partner in
the Louisville law offices of Stites &
Harbison, has been electec to the
American College of Trust and. Estate
Counsel (formerly the American College
of Probate Counsel). ·
The American College of Trust and
Estate Counsel is an international
association of lawyers who have been
recognized as outstanding practitioocn in
the laws of wills, trust, estate planning
and estate administration. The College
actively pursues improvements 1n 'lhe
administration in our tax and judicial
systems in these areas of law, in addition
· to providing programs of continuing legal
education for its Fellows. Membership is
by invitation of the Board of Regents.
Mr. McPherson, a graduate of the
University of Louisville and the
University of Louisville School of Law,
has practiced with Stites & Harbison since
1978. He has made presentations to the
Kentucky Medical Association,
"Planning For Retirement," the Estate
Planning Councils of Louisville and
Lexington, "Marital Deduction" and the
University of Kentucky CLE, "Computer
Applications In Estate Planning And
Administration." His thesis, "The Gift
In Contemplation Of Death," was
accepted in connection with Stonier
Graduate School of Banking at Rutgers
University.
, ,
. THE l:.AW EXAMINER
ENCOURAGES All
STUDENTS, FACULTY
AND STAFF TO WRITE
AND VOICE YOUR VIEW
OR OPINION!
THE <SPORTS PAGE
Photo by Curtis Thomh/11
Summer Sports
by Dave Strite
The indoor version of the Law School
soccer team, who again donned their
traditional yellow "Pro Bonor" jerseys,
continued their slow and gradual
improvement in the summer league at the
Mockingbird Valley Soccer Club. The
squad did get the season off to a solid
start by beating "The Blades" 3-1. This
was a special victory for the team for two
reasons. First, it was the only time in the
club's history that the team had a winning
record. Also, Robert Podgursky (class of
'90) played for the opposition, which
made for some good ribbing after the
game.
In the next match, the team rolled to
_ the most lop-sided game (victory, that is)
in the team's history. Many fans in
attendance seemed to downplay the 8-0
victory because the opponents were a
bunch of 12 year old kids. "We are happy
with a win, no matter who we are
playing,'' said team organizer Ken
O'Brien after the game.
Sandwiched in between the next seven
losses was one last win. A 6-4 victory was
highlighted by a hat trick (a term we
should all be learning now that
professional hockey is on its way to
Louisville) by Marcus Jacobsen (second
year) and a stellar defensive performance
by recent graduate Neil Kunkel (class of
'90). In a fitting end to Neil's soccer
career at law school, he was ejected from
the game in the final minutes for "slightly
bumping" an opposing winger into the
boards.
The low point of the season was a 10-0
in front of the largest crowd of fans out
all summer to see the team play. Among
those in attendance were Professor Les
Abramson and his three little boys, as well
as Law Examiner photographer Curtis
Thornhill. "Luckily, no one can tell the
score from the pictures anyway," quipped
Examiner editor and fullback Frank
Dempsey (third year). In line with true
team tradition, post-game strategy talks
with Charlie at the Granville Inn were
instrumental in keeping up the team
spirit. The team will be playing in the fall
intramural league and is interested in
finding anyone wjth any kind of soccer
skill. If you watched the World Cup on
television or own black soccer cleats, you
are possibly over qualified.
In other news, a summer softball team
organized by Daryl Issaccs (third year)
competed in a summer league at the
Jewish Community Center. The team. at
times, looked very impressive in the field
and at the plate. The play of Jeff Mosely
(class of '90) at shortstop was sparkling.
David Sage (third year), David Dupps
(third year), and Sam Bach (second year)
anchored down the outfield, while Chris
Klein (third year) and Billy Haynes (third
year) managed to keep the scores down
with their solid pitching. Brent Hall (third
year), Jim Organ (third year), David
Strite (third year), and John Grieve
(second year) were usually not much of
a threat to take an extra base, but along
with the rest of the team came up with
enough timely hitting and defense to
qualify for the league play-offs.
The low points of the season were a
close loss to Professor Les Abramson's
team (who, by the way, 001&1 show up
for some unexplained reason) and a
trouncing by the team that Mark Rosen ~
(third year) opted to play for instead of
the law school team.
The season ended in the first round of
the play-offs on the dreaded ten run
"mercy rule." Many players at the game
attributed the loss to the fact that Frank
Dempsey showed up to take pictures for
the Law Examiner (remember the ten­goal
loss from the soccer when the
Examiner came to take pictures?)
Coincidence? You be the judge. -
Possibly, the most exciting news to hit
law school sports is the arrival of Craig
Hawley (first year). The former
University of Louisville basketball guard
could be just what the doctor ordered if
the law school is to break the medical
school streak of four straight graduate
men's league basketball titles. Law school
teams have been ousted in the semi-finals
the past three years to the medical school.
It sure would be nice to beat the doctors
in something other than malpractice
claims and the ongoing graffiti war in the
law library men's bathroom on the second
floor.
There are some important events that
everyone should be watching out for. The
annual SBA intra-class football game is
scheduled again for this fall, which should
provide for some exciting action. As
always, it will be the first years against the
second years and the winner will go on to
face the third years in the Championship
game. Also, the SBA golf scramble is
tentatively scheduled for September 23.
Everyone, regardless of ability, is
encouraged by the SBA to come out and
participate.
Photo ·by Curtl11 Tbomh/11
..
Photo by F,..,lc Dempsey
Student Bar Association Catalog
A. GOLF CAP
White with stitched School of Law logo ............................ ......... ..... $10.00
B. BEACH TOWEL
Black with stitched 2 color Louisville logo ........................................ $25.00
C. GOLF TOWEL
White with silk screen School of Law logo ........................................ $ 5.00
D. WINDOW DECAL
Large window decal with School of Law logo ..................................... $ 2.00
E. GOLF SHIRT .
100% Cotton Golf Shirt Choose Either:
(1) Red with Golfer logo or
(2) White with U of L School of Law (red stitch)
Available in Small, Medium, Large and Extra Large.
Please Specify Type and Size .................................................... $20.00
ORDERS: University of Louisville Student Bar Association
School of Law #180
Louisville, Kentucky 40292
** Please include Name, Address, and payment. If out of local
area, please include $5.00 Shipping and Handling. Allow 6-8
weeks for delivery.
t!lnibe~~itp of Zoui~ille
Cb60l ·Of :l&a
F1rst Annual
Dean's lOK Challen~e
The School of Law is invitinq runners and walkers of the leqal comaunity to
participate in th~ "First Annual Dean's lOK Challenge".
This race will be run as part of the
University's Ho•eco•ing lOK on Saturday, October 6, at 9:30 a.•.
The startinq line is near the Red Barn on the Belknap ca.pus.
Till ATTACHED HQMECQMIHG lOK REGISTRATION FORM AND FEE IS REQUIRED TO
PABTICIPATB IN THIS EVENT•
If you wish to run individually or with a team of three to five members to
compete for the Dean's Trophy, simply complete this form and return to:
Dean's lOK Challenge
School of Law
2301 South Third Street
Louisville, Kentucky 40292
(502) 588-6362
DEAH'S lOK CHALLENGE AWABDS
Team Awards*
-Dean's Trophy - OVerall Winninq Team
-cateqory Winners:
First overall Faculty/Staff
First Overall Student
First Overall Attorney
Individual Awards
-1st overall, Male & Female
-2nd overall, Male & Female
-3rd Overall, Male & Female
-Oldest Law School Alumnus(a)
-'iounqest Law School Alumnus(a)
-Runner Most Likely to Improve
• Team rankinqs are determined by addinq place finishes of first three team
members. The lowest total score wins. All Dean's lOK prizes are in addition
to Homecoming lOK awards.
COME OUT AHD JOIN US FOR A MORNING OF fRIENPLY COMPETITION! !
Name: Age: __ _ Sex:
Address:
___________________________________ Tele. No.
Cateqory: __ Faculty/Staff Student __ Attorney
Team Members:
Team Name or organization:
·V . ,
1990 Cardinal
·10 HoffieCOming Run
and 1 Mile Run/Walk
The University of louisville Alumni Association invites you
to join in the celebration of Town and Gown ·week .
THE COURSES
The Cardinal Homecoming 1 OK Run is a flat. certified 1 0.000
meters (6.2 miles) starting and finishing near the School of
Business on U of L's Belknap Campus.
Water stations will be placed along the course and time splits
will be given at every mile.
The Run/Walk is a one mile course that will take you around
the U of L campus.
ENTRY INFORMATION
$10.00 prior to October 6; $12.00 on race day.
For further inlormaiion contact Dale Ramsay. 581H>707.
Make checks payable to: University of Louisville.
NO REFUNDS
TO ENTER
Please complete the entry form, and mail it with your entry lee
to Intramural Sports Department, Student Activities Center,
University of Louisville, Louisvtlle. KY 40292.
ENTRY FORM Please Print
uotname Flrsl name
I I I I
Address
I I
REGISTRATION
You may pick up your number on race day beginning at 8:00
a.m. at the Red Bam.
T·SHIRTS
All runners completing the 1 OK Race or Run/Walk wilt
receive a 50% cotton/50% polyester colored !-shirt.
AWARDS
10K Race
Trophies will be awarded to the top three mate and female
finishers in each age group. Each entrant will also be eligible
lor prizes, which will be drawn lor alter the race.
Run/Walk
Trophies will be awarded to the top three finishers. All partici­pants
in the Run/Walk will receive a U of L item and be
eligible lor the prize drawing.
DRAWING
All registrants will be eligible lor several prizes including two
tickets to the U of L-UK Basketball Game.
WAIVER
u
C;ty
I I
State Zip
Cardinal Homecoming Run
Watverofl~bllrly-tnconsderatiOrlotandasarondition
of my p<u11Ctp.1b0n m the CardtNI!I Homecoming Run,
Octobef 6. 1990, tor myseJI, my heus. eutwtors. and
adrrun•slfaiOfs. Wilrvtt iU'd re!Nse any d•ms ~I
the I.JnNltfSity of lo\Msvtle, Metro Pfts Department.
and any and all partiCipation sponsotS and supporters
lor all d atms and damages, ~nds ot actiOnS
whatsoever '" any manner. as a result of my lraveting
to and from my partcpation in said Run. 1 anest anc1
venty that I am physiCIIty 5t and have surticiently
tra.ned Sot the completion of the ~. FUI'thef, I
hentby gr~nt lull petrniSSO'l to any and aM of lht
foregOing to use my It!(~ fof any publiCity ancllor
promobOAAI purpose without obtigatiOn or kablfty tO
T ·ohlrt slzo: 0 S Small 34-36
0 M Medtum 38- -40
0 L La•ge 42-44
0 XL X·Large 46
Btrth
Dahl
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Year Month Day Sox www u
D RUN·WALK D 10KRACE
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Date-------------------
Pllolo br &II Rogus, III
Third-year students Dave Strite and Bill Haynes help two Stanley Steemer men clean
some swivel chairs that used to be in the library. Strite and Haynes are among several
students who are concerned about the removal of the comfortable swivel chairs from
the library.
Mo·ck· Trial -Offers - .~~\fr·
Practical Experience
The School of Law will hold its annual
mock trial competition on Saturday,
October 20, 1990, and Saturday,
November 3, 1990. Each team will
complete two trials during the initial
rounds on October 20, one in the morning
and another in the afternoon. The
winning competitors from the initial
rounds , will then advance to the final
rounds on November 3, 1990. The ·
winners of the final rounds will compete
on the national mock trial team.
Each team will consist of two advocates
and two witnesses. Students may choose
their own teams, their own advocates,
their own witnesses, or sign up
individually. The School will pair
advocates and witnesses who do not sign
up as a pair or a team.
Each advocate must prepare the
following portions of the trial: either
opening statement or closing argument,
one direct examination of a witness, and
one cross examination of a witness. Each
witness must prepare the testimony of one
witness. During both trials of the initial
rounds, each team will represent either the
plaintiff or the defendant. During the
final rounds, individual advocates or
witnesses may have to switch sides and
represent the other party.
Each advocate and witness will be
judged individually by practicing
attorneys. The School will then add the
scores, and those students with the highest
scores will advance to the final rounds.
The students w.ith the highest scores
during the final rounds will advance to the
final round. The judges for the final
round and Professor Blackburn will
choose the winners of the competition,
who will become the members of the
national mock trial team.
Materials for the competition are
available from Professor Blackburn in
room 262. For more information, consult
Professor C. Blackburn. Students who
wish to enter the mock trial competition
must sign up by Friday, September 21,
1990. Students who sign up for the
<:9mpetition must co~pete on October 20.
Library Reorganization
(continued from page 1)
Minerva index syStem (terminals are
located on all floors of the library with
a printer attached to the two terminals
the first floor). Minerva allows a search
for form books or any other classified
ma1crials by title, author, subject, or
keywords.
3.The copy machines have been
relocated to be closer to the parts of the
collection that need to be copied. One
copier remains in the small copy room
between the front and back sections of the
first floor. A second copier is located on
the federal side of the back section of the
first floor. The third copier is near the top
of the steps on the second floor
(convenient to the periodical colleciton).
The remaining copier has been relocated
under the staircase in the front basement
area. The copy cost remains five cents per
page.
The copy machines were all recently
replaced and will accept change, one
dollar bills, or Vendacorder cards. A
change machine for $Sand $10 bills and
a Vendacorder card machine are located
in the front lobby of the library.
Additionally, the library has implemented
a paper recycling effort. Recycling boxes
are located near each of the copy
machines.
4. The loose leaf services have been
relocated to the northeastern back section
of the second floor (where the second
copies of the journals were formerly
located). The current loose leaf pages are
located together with all bound volumes
and/or transfer binders of the same
services within this section. As before,
this section does not include the
labor/employment or tax loose leaf
services (which remain located in the
northwestern back section of the second
floor).
S. The Federal Register has been
relocated to the basement mezzanine
from its prior location on the second
floor.
One of the primary -rmrpos!CS' of.1he
extensive rearrangement of the library
was to allow for future growth of the
collection. Ensign points out that in a law
library essentially everything is a serial.
Because of this, there must be shelf space
readily available for the growth of the
collection near all current materials.
Following the re-arrangement the most
rapidly expanding sections of the library's
collection are now located near empty
shelving sections.
While Ensign concedes there have been
some negative comments on the new
lay-out of the law library, overall
response has been quite positive. He
noted that part of the refurbishing of the
library included a new coat of paint to
brighten things up and the cleaning or
replacement of all carpeting. Some of the
painting and carpet work has already
been completed with the rest scheduled
for completion in the next several weeks.
To give both students and the local
legal community increased access to the
refurbished library, Dean Donald L.
Burnett recently budgeted funds to keep
the facility open extended hours. The Law
Library's hours through the end of this
semester are: Monday through Friday, 9
a.m.-12 midnight, Circulation Desk and
Reading Rooms; Saturday, Circulation
Desk, 9 a.m.-S p.m.; Reading Rooms, 9
a.m.-12 mdinight; and Sunday, Circula­tion
Desk, 1 p.m.-12 midnight; and
Reading Rooms, 9 a.m.-12 midnight.
The library security poeple are
currently conducting a survey of the
number of patrons that use the library
during the later evening hours. The
extended hours will probably be re­evaluated
at the end of the semester. As
usual the library will be open 24 hours a
day during the period of final exams.
If you need further information
regarding the new lay-out of the library
you can obtain ,a ~py_ of , ,new~ .users
guide at the front desk. According to
assistant law librarian Robin Harris this
guide is currently being proofread and
should be available in the next few weeks.
The users guide will include a roadmap
. o.f: he new library-lay-out.. ,you-need
further information, contact the law
library, 588-6392.
Plloto br Ftaalc Dempser
.. This large well-lit study area is a new addition to the first floor of the library.
Warren Named Professor Of Law
by Stephen Waltrip
Manning Gilbert Warren II has been
named the Harold Edward Harter
Professor of Law. Warren is a graduate
. of the George Washington University
National Law Center and the University
of Alabama. ·
Warren's previous experience includes
teaching at the University of London,
Emory University, George Washington
University, and the University of
Alabama. He practiced as a partner at
Ritchie, Rediker ahd Warren and as an
associate at Bradley, Arant, Rose, and
White in Birmingham, Alabama. He also
served as Law Clerk for U.S. District
Judge Seybourn H. Lynne (N.D.
Alabama).
Warren has published· several books,
including Securities Regulation In The
Co:nmon Market and seven volumes of
the Southeast Litigation Guide with Judge
Sidney 0. Smith, Jr. and Bill Colson. He
has also printed numerous articles in
several law journals, including the
Harvard International Law Journal,
Business Lawyer, and the Boston College
Law Review.
Two Students Attend
XBA/LSD Convention
by Christopher Klein
With its buildings reaching endlessly
into the sky, its street crammed in the
maze of cars and pedestrians and its many
restaurants, bars and places of interest
packed with city dwellers, as well as out­of-
town guests, Chicago has to be the
premier~ lqq~tion. fqr a convention.
' 1 h-''-''~' f,jf'R-}'} l.;w: A.u"~'"m·~' f.'.2 ...-'..<... ', .".C. ~,l{!.' ~~gQ.IJ.~ a, x,ee,l ·.h,_o st
-TP t~ 'J\BA:UW 5tu'dettr Divislon·.Amrual
" ''Meehn&? 'Tit~·)sdiool ot 'Law sen(Finn
Cato, ABA/LSD representative, and
Christopher Klein, SBA Vice-President,
to the convention to participate in the
LSD Assembly.
The ABA/LSD Assembly is similar to
the proceedings that occur at the ABA
Assembly. There are a series of
resolutions that are placed before the 15
circuit assembly. Each circuit is composed
of the various law schools in the region.
The resolutions are student proposals
addreSsing various points within the legal
profession in an effort to improve the
overall practice, purpose and image of
attorneys. Some of the resolutions voted
upon were: encouraging the ABA to use
non-sexist language in its documents,
. _publications and i correspondence;
studying the feasibility of withdrawing all
·' .. :4fn:t.S:.ftFprf};S ,l,~,Q $;OJ,Il ~gy~!i~e,ll},~nts
· hom ABA/LSD publications because of
tnlAimed Fd'rces discrimination agafnst
homosexuals; and recommending the
ABA support self-determination and
democratic movements throughout the
Soviet Union.
There were some two dozen other
resolutions presented before the
ABA/LSD Assembly. The resolutions
that passed were taken by two ABA/LSD
delegates to the ABA Assembly to be
introduced as recommendations.
Kentucky Bar Exam Results
To Be Available Earlier
by Stephen Waltrip
Managing Editor
For the most recent graduates of the
University of Louisville School of Law,
the months spent waiting for the results
of the July Kentucky Bar Exam are often
as tense as they are long. Many of these
"just-J .D.s" are delayed in finding a job,
starting their new careers, or at least being
paid an attorney's salary until the license
(or bad news) comes.
Well, according to Pat Durrum,
Director of the Kentucky Board of Bar
Examiners, this news will come a few
weeks earlier this year. Over the past
several years, examinees have had to wait
until late October ·for the results. This
year, however, the results will be out at
the first of October.
While most states give the exam
sometime in July, the times for the results
vary widely. According to BAR/BRI,
about 27 states get their results out in
August or September, 16 or so in
October, and about 7 states and the
District of Columbia receive their results
as late as November. Iowa gets the results
posted quickest, actually within 36 hours.
While Kentucky may never come close
to the Iowa standard, it might expedite
the results further in the coming year.
Durrum said alternative methods of
grading procedure are being discussed
between she and the other Board
members. The present procedure involves
six practicing attorneys who grade the
exams after their working hours and on
weekends. Durrum said the method used
by several other states, that of locking the
examiners in for a week (or until all exams
are graded), was not feasible in this state
since the attorneys all have practices to
run.
Whatever course the Board may take
in the future, they have made an effort
to get the results out at least a few weeks
earlier this year.
New Dean Welcomed
Dean Burnett has the primary objective
of bringing the University of Louisville
School of Law into national prominence
in the coming years. Burnett discussed
this formidable goal: "One of the
ambitions we have here at Louisville ...
is to identify areas of strength in the
school that will begin to gain for us the
kind of national recognition we think the
talent of our faculty and our students
warrant, because this school has been
improving without the outside world
appreciating the degree of improvement.''
"This is a school that really is poised
on the threshold of national prominence,
and I view one of my jobs being to
strengthen our external relations so that
the alumni, and the supporters of the
school, as well as potential employers and
the bench and bar, will begin to give
Louisville its due in terms of appreciation
of its quality."
"This is really a very excellent school
and I think it has the capability (for
national prominence), particularly in
areas of health care law, in the area of
public service law, and in other areas
where the faculty have already done
significant writing. We have an
opportunity to move past competence,
into a margin of excellence that will
attract national recognition."
Burnett went on to note several more
of his initial objectives, including
"identifying areas of emerging national
prominence, organizing symposia and
additional course offerings in those areas,
and working on an interdisciplinary basis
with the other departments of the
University." The new Dean expressed the
"'" dairc:-10 ·'init:i_at~'JlT'Qi{am~ bet~_n the
law school and such other colleges as the
Business School, the College of Urban
and Public Affairs (CUPA), and the
Medical School. Judge Burnett was
particularly interested in improving and
expanding the joint M.B.A./J.D.
program.
"Another primary objective will be to
assure that the law school is responsive,
as the entire university must be, to
concerns about minority recruitment and
retention. We are going to be putting
more attention and resources into
retention so that when we get good
students here we make sure that they leave
here with a degree and not otherwise."
When asked if he perceived any
problems in the law school upon his
arrival as the new dean, Judge Burnett
replied, "Our faculty are underpaid
compared to other benchmark schools
and compared to the national median
figures for similarly situated schools.
However, the university administration is
aware of that and is supporting efforts to
obtain better pay equity, not only for
professors in the law school, but for
faculty members in other departments
that have similar problems. We want to
compensate our faculty at national levels
so that we can demand from them
national quality work. They welcome that
challenge and I want to reflect our
aspirations for them in the compensation
that we pay them."
Judge Burnett has an idealistic view of
his newly chosen job, as was evident in
his response when asked why he decided
to become a law school dean. "My
interest in education led me to think that
many legal pr.oblems require in-depth and
comprehensive approaches, rather than
case-by-case adjudication ... and I think
I felt that the judging role, as vital an'
important as it is, was not giving me aJ
opportunity to write an·d to thinl
comprehensively about legal issues."
"My perception is that law schools ar~
not narrow transmission belts for receive&
learning. Law schools today help make
and develop the law ... Scholars. still neec
a legislator or a judge to agree with therr
before things can be written into the law
but nevertheless, the source comes frorr
the world of ideas, the world o:
scholarship.''
''This is really
a very excel,ent
school and I think
it has the capability
for national
prominence. . • ''
"My career has moved simply from
one area of impact on the law to a
different perspective, but still impact on
the law." The well-scholared and highly
articulate former judge continued to
convey his enthusiasm about the law
school's potential. "I also welcome the
opportunity to administer a dynamic
institution. I think it is exciting to work
with students and faculty who have
manifested their desire to take what
historically was a local institution and
(was then) transformed into a regional
.. riostitution,. and are now readf to take the
next step and mak~ it a truly national
institution."
The new Dean wants to give increased
substantiality to the degrees held by all
our alumni by bringing the law school
·into national prominence. He encourages
input from any alumnus ·who has ideas
which may help improve the school, and
he would like such people to write or call
his office and communicate with him
personally. Judge Burnett plans to deepen
the relationship between the law school
and the K.B.A. and L.B.A. He will be
personally attending all of the district Bar
Association meetings around the state this
fall, as well as a number of louisville Bar
Association functions. He will also
participate in a continuing education
program, and will be writing a periodic
column in an L.B.A. publication.
Burnett ended the interview on a
positive note. "I think the alumni will be
proud and will have a right to be excited
by the school's dynamism these days, and
its forthright statement of intent to
become one of the best urban law schools
in the United States."
Do You Have Something
You Want The Entire
Law School Community
To Know About?
If So, We Want To Help You Get
The Word Out! Give Us A Call
Or Drop Us A Line At
THE LAW EXAMINER
588-6399
School Of Law To
Welcome Notable Speakers
by Frank L. Dempsey
The School of Law is welcoming two
nationally recognized speakers this fall.
United States Attorney General Richard
Thornburgh and Harvard Law School
Professor Derrick Bell are both coming
to speak at the School of Law.
Bell will speak as part of the University
of Louisville's "Celebration Of
Diversity," which will run from
September 12-18 and include lectures,
activities promoting human dignity and
other activities promoting an appreciation
for the culture and racial variety found
in American society.
Bell will speak on Tuesday, September
18, at 4:00p.m., in the Allen Courtroom
in the School of Law. He will address
issues of diversity in legal education.
-Immediately following his address
there will be a reception for Professor Bell
in the Cox Lounge. All are invited to
attend the speech and the reception.
Attorney General Richard Thornburgh
will speak as part of the annual Brandeis
Lecture Series. His speech will be open to
the public and will be on October 2, 8:00
p.m. Thornburgh will speak at the
University's new Student Activities
Center.
The School of Law is proud to welcome
both speakers to the University of
Louisville and encourages anyone
interested to attend.
00®~~-©®~~~~ [p)~~©~
SATURDAY, OCTOBER 27
9:00 P.M. - 1 :00 A.M.
$2QOO PER PERSON
FOOD AND DRINKS PROVIDED!
SPONSORED BY THE SBA
CALL THE SBA OFFICE, 588-6398
FOR MORE INFORMATION!
Towards A New National Agenda
(continued from page 2)
course, "Tax For Underdeveloped
Students," will be available. In this
exciting course, students learn to read the
instructions for filling out various 1040
forms. The final exam will entail
completion of a 1040EZ for a four-year­old
child of very impoverished parents.
"Introduction To Corporate
Bankruptcy" will be taught by Donald
Trump (provided the finance committee
can negotiate his salary to less than five
figures).
A new course in criminal procedure will
be offered by Professor Dotson entitled
"The Rights Of Criminals: Guilty Or
Non-Innocent." Also, a new course on
public univerSity litigation will be offered .
called "Making Money While At School
Or Fill In The Blank." A course in legal
malpractice entitled "Making Money Off
Your Friends" has been cancelled due to
the inability to find a willing professor.
Other new courses and activities
include National Mute Court, where both
Louisville Law Examiner
School of Law
University of Louisville
Louisville, Kentucky 40292
teams attempt to sit in front of judges for
20 minutes without making arguments or
raising objections; the Pirtle-Washing
Competition, where frantic students try
to maintain several clean suits for
upcoming on-camous interviews; a
seminar on Problems Of The Very
Wealthy with-special emphasis on getting
children into "The Best Schools;" and an
international seminar on drafting: "How
To Avoid It In The Middle East." A well­known
Louisville attorney will present a
lecture of personal injury practice
entitled, "One Man's Pain, Another
Man's Pleasure." In addition, the career
placement office will hold special sessions
on cocktail conversation and graceful
grovelling and begging. ·
In all seriousness, we all should try to
focus on the positive opportunities this
law school has to offer and to support our
new dean in his efforts. Dean Burnett's
profound enthusiasm towards our school
is a model for the faculty and the student
body.
· I
-.. ,.
Non-Profit
Organization
U.S. POSTAGE
PAID
Permit No. 769
Louisville, KY
Louis D. Brand~is • .
·~· . .
~ , Lo"~R ille \._ ~/'
Law Examiner
Volume 16
Law Library
Gets Facelift
Page 1
New Students
Learn The
Ropes
Page 1
Students'
Summer Sports
Spectacular
Page 4
Cover Photo:
New Dean
Don Burnett
Speaks To
Students,
Faculty &
Staff At A
Reception Held
In His Honor
September, 1990 Number 1
Photo by Frank Dempsey