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John M. Harlan Louis D. Brandeis Louisville Law Examiner Serving The University of Louisville Law School Community Volume 2 Number 3 Louisville, Kentucky, October 19, 1976 SAC Commander Dougherty Comes Home by Sara Scott Moore Gen. Russell E. Dougherty, Commander-in-Chief of the Strategic Air Command and Director of Strategic Target Planning, will be the first speaker of the Louisville Law Forum's Brandeis Lecture Series tomorrow night at 8: 15 p.m. at the Law School. His address will be entitled "The Future of Strategic Deterrence." A native of Kentucky, Gen. Dougherty was born in Glasgow and received his general education there. He obtained an undergraduate degree from Western Kentucky University and a J.D. from U of L Law School. During his early life, Gen. Dougherty's main ambition was to become an attorney. He held the attorneys in Glasgow in highest esteem and aspired to their positions of prominence. World War II interrupted the course of his life, and having resigned his position with the FBI, he entered into active military service. He was a member of the 123rd Calvary of the Kentucky National Guard. When he completed flight training, he received his pilot wings and a commission as second lieutenant in the Army Air Corps Reserve. During WWII, he was an instructor pilot in the Air Training command, and he later served in the Third Air Force in crew and instructor pilot duties, as a B-17 pilot, and on a B-29 combat crew. In 1946, he entered Law School. After receiving his degree, he realized that he missed the Air Force, and in 1948, he went into active duty again. Following his appointment into regular duty, Gen. Dougherty coupled his ambition for a legal career and his passion for military duty. His post WWII assignments encompassed various duties i n op e rational , maintenance , administrative, political, military affairs and command duties in the Air Force, joint, and international assignments. In 1 94 7 he served as a Unit Instructor with the Air Force Reserve at Standiford Field, and in 1948 was transferred to the Far East Air Forces (FEAF). While flying with the 19th Bombardment Wing, he served as Staff Judge Advocate for the wing and later as Assistant Staff Judge Advocate for the Twentieth Air Force. In April of 1950, he became the Assistant Staff Judge Advocate for FEAF headquarters in Japan. At the outbreak of the Korean War, he was assigned to temporary duty in Intelligence with FEAF. Gen. Dougherty returned to the United States in 1951. He was assigned to Air Materiel Command (AMC) at Wright-Patterson Air Force Base as Chief of the Appeals and Litigatio~ Division, and as the Assistant U.S. Air Force trial attorney for litigation pertaining to Air Force procurement and contractual activities. In 1952, Gen. Dougherty left the Judge Advocate General's Department for assignment to Strategic Air Command (SAC). He began successive assignments in SAC as operations officer for the 303rd Air Refueling Squadron; Commander of the 303rd Armament and Electronics Squadron; Deputy Chief of Operations, 303rd Bombardment Wing; and Commander, 358th Bombardment Squadron, all at Davis-Monthan Air Force Base in Arizona. Gen. Dougherty was assigned to Headquarters Fifteenth Air Force, SAC, as Chief of the Operations Division, where he planned the B-52 round-the-world flight, Operation Power Flite. He was later promoted as Deputy Director of Operations, Headquarters Fifteenth Air Force. He attended the National War College in 1959 and 1960 and following graduation, he was assigned duty in Headquarter U.S. Air Force in the office of the Deputy Director for War Plans. In 1961, he was appointed Deputy Assistant Director of Plans for Joint Matters, and later became the Assistant Director for Plans for Joint and National Security Council Matters. Gen. Dougherty has had four assignments in joint and international duties. Those positions included the Deputy Director for Plans and Operations Headquarters U.S. European Command in Paris, France, where he was the U.S. planner for the successful U.S./Belgian Rescue Operation at Stanleyville in the Congo. He returned to Washington as Director, European Region, Office of the Secretary of Defense. From 1967 until 1969, he served as Director, Headquarters U.S. European Command, Stuttgart, Germany. He returned to Headquarters U.S. Air Force to serve as the Assistant Deputy Chief of Staff, Plans and Operations, and was soon promoted Deputy Chief of Staff. He was assigned as Commander, Second Air Force, SAC, in April 1971. The U.S. Air Force's largest numbered force consisting of the majority of SAC's B-52 bombers and KC-135 tankers were under his command. On May 1, 1972, Gen. Dougherty was promoted to his four-star grade and assigned as Chief of Staff, Supreme Headquarters Allied Powers Europe, the headquarters of NATO's Allied Command Europe. He returned to the U.S. in 1974 to become the eighth Commander of SAC. Circulation 3500 Forum Hosts Shapiro by Don Pearcy E. Donald Shapiro, the second guest lecturer in the Evelyn Crady Adams Visiting Lectures Series, will be at the Law School Nov. · 4 and 5. Several seminars will be conducted by Mr. Shapiro during his two-day stay at the Law School with his major address to be delivered at 8:30p.m. on Thursday, Nov. 4. All topics will be related to the medico-legal field. Mr. Shapiro was born in 1931. He received his A.B. from Dickinson College, his J.D. from Harvard in 1956 and his LL.D. from New York Law School in 1973. Although Mr. Shapiro was admitted to practice in Michigan, Pennsylvania and Washington, D.C. he has dedicated most of his postgraduate years to scholarly research and teaching. He was an instructor at Boston College of Law; professor and lecturer of Social Welfare Law at the University of Michigan School of Social Work; associate dean of the State-Wide Ed. Continuing Legal Education at the University of Michigan; director of the Practicing Law Institute of New York City and adjunct professor of Social Work at Fordham University. Mr. Shapiro also has served as President of the New York Law Journal from 1971 to 1972 and has been dean of the New York Law School since 1973. Among the subjects taught by Mr. Shapiro in his career are Criminal Law, Law and Medicine and a Legal Medicine Trial Workshop. Mr. Shapiro is the author of Law, Medicine and Forensic Science which is currently used as a textat the Law School. His credentials are well founded in the medico-legal field due to his memberships in the American College of Legal Medicine; the American Academy of Forensic Sciences; and the American Society of Law and Medicine. On the Inside Brandeis Brief ••••..•••...••••••.• p. 2 SBA Report ..•••..•.••••••••..••• p. 3 Letters to Editor .••.•••..•.•.••.•• p. 3 Moot Court Team · ••••••••••••••••• p. 4 Faculty Raids •••••••••••••••••••• p. 4 Prof. Levy Publishe~ ••••••••••••••• p. s LRPC •..••.•...•.•.••••••..••••• p.S AU/ABA News •...•••..••••.•••.• p.8 Calendar of Events •..•••.•.•••••••• p. 8 News in Brief ..••.•••.•••...••••.. p. 8 Brandeis Brief On page two, Mr. Billy Shipp and Ms. Sally Mann discuss nuclear waste water systems and the environment. [ I l • • f I t • l 2 Louisville Law Examiner, October 19; 1976 1JJnuiiiuillr iLaw iExamiuer DONALD W. PEARCY Editor-in-Chief RUSSELL L. CRUSOIT MaMging Editor LEE J. CALARIE Business MaMger CHARLEST.RANDALL Associate Editor Joseph Castlen Brandeis Brief Editor Christopher Rivers Photography Editor Judge MARUN -M. VOLZ Advisory Board Staff Kenneth Golliher Ed Mann Sara S. Moore Valerie Salven Harry Sanders Prof. LESUE W. ABRAMSON Editorial On the Record In the past several weeks we have observed that a handful of dissidents have begun to criticize some student leaders. Specifically, a miniscule number of critics have suggested that this year's Student Bar Association (SBA) has been guilty of elitism, gross neglect and inaction. Some of this criticism has been aimed at Bill Bardenwerper, President of the SBA. ' While it has not been our custom to single out individual students for their service to the Law School, we nevertheless feel compelled to depart from our usual editorial policy and speak out, not in defense, but in praise of the one student who has worked unselfishly and tirelessly to revitalize the Law School. The person of whom we speak is Bill Bardenwerper. From the inception of his term in office, Mr. Bardenwerper has chosen to lead, not through confrontation as did last year's SBA President, but rather through persuasion, cooperation and carefully calculated accommodation. During his association with the Law Examiner last year he had the foresight to recognize that the Law School is one community comprised of faculty, students and alumni with a common objective - the offering of a superior legal education and law school experience to students. We find his ideas and his approach refreshing. Perhaps the most obvious way to demonstrate Mr. Bardenwerper's effectiveness is to cite a few of his tangible accomplishments and programs. Before taking office, he founded (and served as Editor-in-Chief) ·of the Law Examiner. While some students still doubt the propriety of a professional newspaper for all segments of the Law School community, we trust those doubts will subside as students and alumni begin to take more pride in their school and in turn bestow their financial and moral support. During his campaign for office Mr. Bardenwerper pledged a reorganization and revitalization of the Law School's speaker program. Already, the Louisville Law Forum, the product of Mr. Bardenwerper's planning, is well on its way to becoming one of the nation's best speaker's organizations. Without Mr. Bardenwerper and Board members such as Charles Musson, the speaker program at the Law School might still be in the dark closet it so long occupied. In addition, there are other equally impressive accomplishments of the Bardenwerper Administration. Mr. Bardenwerper ingeniously arranged a summer visit by Assoc. Justice Byron White to dedicate the Brandeis and Harlan rooms at the Law School. What better way to begin to build a foundation of prestige than to bring a U.S. Supreme Court Justice to the Law School? This year's freshman orientation was touted by those staff members who have been here for decades as the "best in the history of the Law School." But there are other SBA accomplishments which we observe: the sponsoring of a Trial Practice Seminar ; the acquumg of lockers, vending machines, telephones; conducting voter registration; the procuring from the Student Government · Association of $11,000; the computerizing of the faculty evaluation system come immediately to mind. In the past, a few students have felt uncomfortable with what they perceived as a closed system of student participation and involvement. However, having watched Mr. Bardenwerper for two years, we know that to be a false perception. He is now, as he has always been, open to anyone who wants to volunteer his ideas, criticism or time. The Louisville Law Examiner is published every three weeks on Tuesdays during the academic year except during holidays and examination periods in the interest of the University of Louisville Law School community. The Louisville Law Examiner does not necessarily express the views of the University. Editorial opinions are those representing a majority vote of the managing board. Any article appearing herein may be reprinted provided that credit is given to both the Louisville Law Examiner and the author. Reproduction of a Brandeis Brief column, however, requires written pgmission. Address all ·communications to the Louisville Law Examiner, Room 1-09, Schd31 of Law Annex, University of Louisville, Louisville, Kentucky 40208, or phone: (502) SSS-6399 Brandeis Brief Nuclear Power Series Wastewater Systems Guard Our Environment Mr. Shipp received his B.S. with honors in Chemistry from the University of Central Arkansas in 1968, his M.S. in Radiation Science from the University of Arkansas in 1969, and his Doctorate in Bionucleonics from Purdue University in 1972. Currently Mr. Shipp is employed as Assistant Director for Health Protection, Safety Division for the Chicago Operations Office of the U.S. Energy Research and Development Administration. After receiving her B.S. in Animal Science in 19 72 and her MS. in Bionucleonics in 1973, Ms. Mann received her Doctorate in Bionucleonics in 1975 from Purdue University. Ms. Mann is cu"ently employed as a Health Physicist in the Safety Division, Chicago Operations Office, U.S. Energy Research and Development Administration. by Billy D. Shipp, Ph.D. and Sally A. Mann, Ph.D. Commercial nuclear power plants must receive a construction permit prior to any construction and must be licensed prior to operation. The complicated licensing procedure is preceded by extensive analyses and evaluations of many parameters, including aspects concerning environmental protective measures. Standards limiting emissions of radionuclides from the plants have been developed by the Nuclear Regulatory Commission (NRC) based on recommendations of the International Commission on Radiological Protection (ICRP), the National Commission on Radiological Protection (NCR), and the Federal Radiological Commission. (FRC).l •2 The Environmental Protection Agency (EPA) also has authority to set standards for protection of the general environment from radioactive materials. The licensee is required to keep extensive records of all releases of radioactive wastes and to develop an environmental surveillance program to adequately characterize the effluents, determine the potential effects from operation of the plant, and comply with appropriate regulations. Surveillance is also performed intermittently and independently by the individual states, U.S. Public Health Service, and NRC. Regulations governing reactor operations and associated liquid effluents are presented in 10 CFR 20. 3 In 1970, the philosophy of limiting releases to "as low as practicable" was incorporated into these regulations.4 The current descriptive term for this is "as low as is reasonably achievable". Operating data indicated that the practice of this philosophy was already prevalent in reactor operating procedures. Three radioactive materials are present in liquid effluents from nuclear power plants. These are fission products, activated corrosion products and tritium.5 Fission products are the principal radioactive material formed in the fission process. Most of them remain in the fuel element; a small percentage, however, can escape through minute openings which may develop during operation in the protective shield (cladding) surrounding the fuel. Fission products may also escape the cladding by diffusing through it. The quantity of fission products in the fuel element and, therefore, the potential for varying release quantities, is determined by the operating power levels of the reactor, the period of time during which the fuel remains in the core and the elapsed time for radioactive decay. Corrosion products are particles circulating due to chemical attack (rusting) on the metal parts of the reactor. They can become activated and, therefore, radioactive. Impurities in the fuel can also become activated and are generally included in this terminology. Tritium, a radioactive form of hydrogen,is formed when water is used as the core coolant, or as a result of neutron interaction with boron when it is used in the coolant water. The reactor type will determine potential radionuclides to be discharged in liquid effluents. Two types of light water reactors are Boiling Water Reactors (BWR) and Pressurized Water Reactors (PWR). (Continued on page 6) Louisville Law Examiner, October 19, 1976 3 Midpoint of Term Bardenwerper Reviews SEA Progress -- By Don Pearcy "A professional school, distinct as it is from an undergraduate school, should be run for the students with administrations anticipating student problems and concerns. Due to the nature of the serious academic work involved in professional education, students have little, and necessarily should have little, time to concern themselves with problems which should be anticipated and remedied for them. Unfortunately, this is not the case here at Louisville.Thus, the Student Bar Association [ SBA] has been very active in areas of providing student services, lobbying for such things as grade appeals procedures, course switching and grade system change." So came the words of SBA President William Bardenwerper when asked. recently to reflect on his position at the Law School. According to Mr. Bardenwerper, the SBA is currently. working with the faculty on a new grade system proposal and is soon to begin work on a grade appeals system as well as a student/faculty code of responsibility. Mr. Bardenwerper said that one of the most important things. that the SBA administration must do (and has done) is to establish a good working relationship with the administration and faculty of the Law School. "The relationship last year was in total shambles because they [SBA] seemed to work through confrontation rather than friendly persuasion and cooperation," he explained. As a result of this feeling of renewed mutual respect which Mr. Bardenwerper senses, the SBA was successful in acquiring a suite of Annex offices for various student organizations and in persuading the administration to establish a more permanent, rather than an ad hoc, placement service, Mr. Barden werper emphasized. Letters to the Editor Several SBA accomplishments which Mr. Bardenwerper listed include: the sponsoring of a Trial Practice Seminar over the past summer; publication of a 100 plus page Freshman Orientation Handbook; the acquiring of lockers, new vending machines and telephones; and a revamping of the faculty evaluation form and simplification of the tabulating process through use of computers. Mr. Bardenwerper also noted the establishment of the Louisville Law Forum by giving the existing speaker's programs to that organization; and the securing of $11 ,000 from the Student Government Association (SGA) for use by the SBA which is more than ever received before by the Law School and is also more than any other school at U of L received. Other SBA ·accomplishments include: bringing Supreme Court Justice Byron White to the Law School to dedicate the Harlan Room and to honor Justice Brandeis; persuading the Dean's office to hold night office hours one night per week to aid the night school students; conducting a voter registration drive for the national elections; conducting a Law Student Division (LSD) membership drive to try to secure 20 per cent of the student body as members which would make the Law School eligible for up to $1 ,000 from the American Bar Association (ABA) for projects. According to Mr. Bardenwerper, internally the SBA now has a better bookkeeping system and has worked out a uniform procedure for student organizations to obtain funding. SBA President Bardenwerper (left) conducting recent noon-time meeting. As to projects which Mr. Bardenwerper hopes that the SBA will have accomplished or initiated by the end of his term, Mr. Bardenwerper enumerated such ideas as: bettering the Placement Service program by surveying potential employers to see if they would be willing to conduct on-campus interviews; creation of a Placement Brochure and a Senior Placement Bulletin; working with the Dean's office on a change of the Law School's committee structure by establishment of parallel student/faculty committees such as recruitment and admissions; a joint committee with the Honor Council to revamp and revitalize the Honor Code; several social functions including a Second Annual Ball on . the Belle; and the possibility of allowing students to switch sections or classes within sections. Mr. Bardenwerper said that the Executive Committee is still trying to get the ABA Accreditation Committee Report released. He expressed hope that the Committee on Legal Education will take up the matter at its next meeting. Again, Mr. Bardenwerper said that he would like to see the current administration begin to anticipate future problems and resolve them so that students can "pursue more the reason why they are here." The Law School "should be run and must be run this way so that students will leave [the Law School] with the feeling that the school actually did something for them and with the understanding that the Law School faculty and administration finally came to understand that the Law School should be run for students with their welfare predominantly in mind," emphasized Mr. Bardenwerper. He concluded that future SBA's should continue more as "service organizations" which "should be their natural function." Readers React to Coughlin Brandeis Brief Dear Editor: First let me compliment you on your choice of topics for your Brandeis Brief Series. Whether or not to develop nuclear energy is a vital issue which must be resolved soon. I am an Indiana native who plans to return and practice there after law school. Because of Mr. Coughlin's position as Vice-President - Nuclear of Public Service Indiana, his article was of particular interest to me. I must disagree with his conclusions however. The development of nuclear power has serious effects far beyond the questions of economics and energy supply. Nuclear power may appear cheaper in the short run, but the total long-term impact of nuclear power presents serious problems that Mr. Coughlin did not address in a meaningful manner. There are some of the facts of nuclear power that Mr. Coughlin failed to mention or discus_s: , I) A typical nuclear power plant contains an amount of radioactive material equal to the radioactive fallout from thousands of Hiroshima-size weapons. The fear is not that these plants will explode like an atom born b. But much of this radioactive material is gaseous and could easily be carried by the wind for many miles if accidentally released. 2) One accident - from one plant - could kill as many as 45,000 people, cause $17 billion in property damage, and contaminate an area the size of Pennsylvania. In the next 25 years, the nuclear industry expects to construct almost I ,000 such plants. 3) The basic safety system in nuclear plants designed to prevent such accidents - known as the Emergency Core Cooling System (ECCS) - has never actually been tested under real conditions. When it was tested on small-scale laboratory models, this system consistently failed to function properly. 4) The serious long-range costs of environmental effects of waste disposal were not discussed, e.g. the costs of cleaning up the 115,000 gallons of hi~rh IP.vP.I ,.,.,t;n,.,.t;.,., waste which leaked from an Atomic Energy storage tank at Hanford, Washington in June, 1973. These are just a few examples of facts that have an economic cost which were not discussed in the article. Finally, before deciding whether or not to develop nuclear energy I suggest reading "Energy Strategy: The Road Not Taken?" by Amorty Lovins, Foreign Affairs, Vol. 55 No. 1, October, 1976. The decision is not merely economic, rather it is essentially political and must be understood in political terms. , Sincerely, Stephen Laudig Editor- The Woolsack School of Law University of San Diego (Hopefuly by now you have received our second installment of the Brandeis Brief in which Mr. Fred Hauck expressed many of your concerns. We appreciate your interest - ed.} Dear Editor: Your editorial on page two of the Sept. 14 issue is excellent, and far superior in style to the Coughlin article. The Coughlin article skates on thin ice. It is probably the best he could do. Fred Hauck's article is excellent, authentic, and, I think a fine contribution to what promises to be an excellent concept in approach to the problem of nuclear power. Very truly yours, Harold G. Cassidy Professor-At-Large Hanover College (Thank you for your letter expressing your opinion in regards to the Brandeis Briefs presented to date. There are five installments left and we feel sure that each one will be as informative and controversial as the previous ones. - ed.) 4 Louisville Law Examiner, October 19, 1976 Primed For Advocacy Mooters Compete in Regionals Moot Court team members t:litt Travis, Honnie Hrown and Dee Hill. by Ken Golliher "Of all the skills courses, moot court is more like the real thing than anything else we've got. . . I'm afraid too many of our students overlook the value of participation in National Moot Court Program for resume purposes." These are the words of Nathan S. Lord, Professor of Law and advisor to the Law School's . National Moot Court Team. The National Moot Court Competition is an annual event sponsored by the Young Lawyers Committee of the Association of the Bar of the City of New York and the American College of Trial Lawyers. Competition consists of written and oral advocacy at the regional level with the winning teams advancing to the finals in New York City. Dee Hill, third year student and senior member of the team, concurred with Mr. Lord's opinion. She said, "After you have stood before the judges the first time it gets much easier. Because of my National Moot Court experience, I'm much more confident about my ability to work in a real courtroom." The Law School's National Moot Court Team has been selected for this year. Ms. Hill is the only team member who is competing for the second year. First year members are Cliff Travis and Bonnie Brown, both second year students. Ms. Hill was selected for membership on the basis of her previous year's participation and Ms. Brown and Mr. Travis were chosen as a result of the written briefs they submitted for consideration. All team members receive a $250 scholarship and two hours of course credit for their efforts. Competition in the National Moot Court Program will begin Oct. 28 when the Law School team will travel to the University of Richmond at Richmond, Va. for the regional meet. Other schools represented will include the University of North Carolina at Chapel Hill, West Virginia University, the University of Richmond, William and Mary, the University of Virginia, Duke, Wake Forest, North Carolina Central, the University of Kentucky, Chase Law School at Northern Kentucky and Washington and Lee. In compliance with the first part of the program, the U of L team has already submitted their 35-page brief on this year's problem case. The hypothetical case concerns a situation in which a corporation has not complied with state statutes regulating tender offers. The case presents a variety of issues for agumentation. The second part of the program will consist of oral arguments in which the Law School team will support their brief as petitioner. Finally, the team will switch sides to represent the respondents, a process Ms. Hill described as "easier than you might think. After all the work we've put in on the question we have a pretty good idea of what the opposition will say. We also have access to the briefs that the respondent schools have filed . We generally pick the one we think is best and use it as a flexible guide in our ·arguments." All of the research is done on a team basis, but only Ms. Hill and Mr. Travis will be handling the oral arguments. Ms. Brown has been primarily responsible for the written brief. Last year's team was eliminated in the regional competition after making a good showing in the oral arguments. Ms. Hill explained that a rule change had forced them to submit a written brief that was merely considered a rough draft at the time and not ready for submission. She said that · the brief itself accounts for about 50 per cent of the total points and the low score received on the brief eliminated the team from competition. According to Mr. Lord, the Law School's teams have been traditionally strong in the oral competition. However, the fundamental problem with the teams of recent years has been in brief writing. He indicated that allowing beginning second year students to dominate the National Moot Court teams has put the students at a disadvantage since they have not had certain classes that are usually helpful, especially Federal Jurisdiction. The Law School is eligible to enter two teams in the national competition, but there has not been enough student interest in recent years to furnish two teams. Again, brief writing is the problem. "Students just don't wish to engage in the brief writing competition when there is no credit for those who don't make the team," Mr. Lord explained. Mr. Lord said that there are programs currently under consideration, however, which would elevate the desirability of participation in the program. He forsees the introduction of an appellate advocacy seminar in which students could get two hours of credit and fulfill the writing requirement for graduation. From the interested participants the best brief writers could be considered for participation on the National Moot Court Team. Mr. Lord explained that this writing experience, coupled with the Law School's continued participation in the Sixth Circuit Competition for oral argument would supply seasoned participants for the national competition. Mr. Lord cited the value of the exposure that a strong team gives the Law School. Ms. Hill added that, "In many schools the National Moot Court Competition carries as much emphasis and prestige as the law journal." Experience is the key to a successful moot court program and the Law School is moving toward the introduction of programs encouraging student participation in the activity. Faculty Raid Possibility Anticipated by Chuck Randan·. As the faculty recruitment committee bo+ prooo" of "qu;,mg two Dean Smith additional faculty members for next year, Asst. Dean Steven R_. Smith is expressing concern that the Law School faculty may be becoming a target for raiding. He said that a number of faculty members have been receiving offers from other schools, and the four professors who have taken leave this year to become visiting professors at other schools represent an abnormal degree of participation in the program by the Law School. "When you begin to get a lot of professors taking leaves of absence it's a sign that you may be becoming a target," explained Mr. Smith. After acquiring a faculty with many outstanding professors, the Law School must make an effort to remain competitive with other schools in order to retain them, he added. Mr. Smith noted that the Law School has been able to retain a fine faculty -in the past because "it's such a nice place to work." The backbiting and feuding that he has witnessed elsewhere is not present here, the physical surroundings are agreeable and the emphasis is on teaching at the Law School. According to Mr. Smith, these factors have made a decision to leave less inviting in the past. Although personal circumstances and geographical location are important factors in a professor's choice of work, Mr. Smith maintains that the main reason that the Law School may be becoming a target relates to salaries and budget oriented factors such as the number of teaching days and the secretarial facilities for faculty. He noted that at least two of the visiting professors are receiving substantial increases over their U of L salaries from their host schools. Law School Dean Harold G. Wren somewhat discounted the possibility that the Law School is ripe for raiding by indicating that it is "a concern, not a worry" and that the situation is improving. He said that salaries are only one consideration and not the principal one in a professor's decision to accept another position. The Dean maintains that usually schools become a target because of a malaise among the faculty (Continued on page 7) Dean Wren Louisville Law Examiner, October 19, 1976 s LRPC Contemplates Law School Problems by Valerie Salven The Long Range Planning Committee (LRPC) does not yet have a reputation for improving the facilities at the Law School or for influencing its policies and goals. But Committee chairman, Dennis Williams, is optimistic about its future status. "Hopefully by next year we will have laid a foundation that will allow the ap propriate [administrative] bodies to take action," Mr. Williams said recently. 'We attempt to fill a need that everyone agrees exists," he added. The need that the LRPC attempts to ha ndle is stated in the by-laws of the Committee: "To generate, preserve, encourage, and pursue ideas beneficial to the Law School, wi t h t he goal o f recommending definite courses of action." Mr. Williams described the LRPC as a "study group" where suggestions from students, faculty and alumni are analyzed by ad hoc committees within the LRPC which try to determine if a specific idea could or should be used by the school. Last year, the Committee's first year of existence at the Law School, the LRPC surveyed the student body to determine student sentiment about such matters as classroom facilities, curriculum, placement services, scheduling of exams and clinical education Levy Publishes Front, L. to R. Chamnan Dennis Williams, Robert Lee, Ann Payne, Joan Henderson, Tom Yolk, Rear, L. to R Prof. Leslie Abramson, Bryan LeSieur, Jan Baker, Joe Neary, Prof. Albert Quick, Prof. Robert Stenger, Pat Owen. programs. Mr. Williams indicated that on the basis of that survey, the Committee is working on various proposals for long range future improvements in the school. Some of the problems which the LRPC is currently considering include: what the optimum number of students enrolled in the Law School should be; what should be the ceiling on the number of out-of-state students admitted; f a culty response to proposed clinical education programs; the fe asibility of publishing class schedules three semesters in advance; and long-term placement service policy. Mr. Williams characterized the LRPC as a "conglomerate" of people and interests, and Stressed the need for continuing faculty and student support. Presently there are 15 students and four faculty members on the Committee. Mr. Williams indica,ted that participation by first-year students would be especially welcomed. Any interested student or faculty member can participate on a purely ad hoc basis if he wants to work only on one particular need or problem. "Our goal is to be objective" Mr. Abortion, Gay Rights Putative Fathers Studied by Don Pearcy Assoc. Prof. Martin R. Levy has admittedly been more active in legal scholarship recently than one might suspect from seeing him teach an occasional class. Anyone who spends more time around the Law School than just what is needed to attend class, has seen the door open and the lights burning well into the night in Mr. Levy's office. The reason behind this is that in the past year and one-half, Mr. Levy has either published or has been researching four separate legal works. Mr. Levy was sought by Law School professor, Judge Marlin M. Volz, last year to write the 1975 supplement to West's Federal Practice Manual section on Patent Law of which Judge Volz is the editor. Now that the 1975 Supplement is completed, Mr. Levy is working on the 197 6 edition. A second recent work by Mr. Levy is entitled " Asserting Jurisdiction Over Non-resident Putative Fathers in Paternity Actions" which has been accepted for publication in the University of Cincinnati Law Review in its summer issue Number !!, Vol. 45, which should be out soon. Mr. Levy explained that the research for the endeavor was prompted by an actual case that a friend of his had in his practice. The friend called Mr. Levy socially rather than professionally and asked his opinion. Mr. Levy was aided in his research by then second year law student, Chris Stewart, but Cincinnati refused to publish a work co-authored by a student. Consequently, Mr. Levy is listed as the sole author but Mr. Stewart is credited for his work in a footnote to the article. The study concerns itself with how to gain service over a putative father who has left the state in which he impregnated a woman. According to Mr. Levy, most long-arm statutes do not work. There is generally " insufficient bases to reach him in most jurisdictions so he is free of process," explained Mr. Levy. Mr. Levy considers this to be a definitive work because he has explored all devices used now and puts forth recommendations for future cases. The third article, of which Mr. Levy expresses most pride, is entitled "The Impact of Roe v. Wade on Paternal Support Status: A Constitutional Analysis" which has been accepted to the Family Law Quarterly of the American Bar Association. It is being published this fall. Mr. Levy was assisted in his work by co-author Elaine Duncan who was at the time a third-year student but has since graduated. The question involved in the work was - since a woman has the ultimate decision to bear or abort (Roe decision), should the man responsible for conception be held liable for support? According to Mr. Levy, this involves an Equal Protection problem and an irrebutable presumption Due Process problem. Mr. Levy examined the quest.ion from the angles of tort, criminal law, and contract law analogies and concluded that the father should be required to pay support. Concerning the tort analysis, Mr. Levy said that he could not at first get around the "last clear chance" doctrine. "However," he continued, "if this were accepted, we would presume that there is a duty to avoid birth." But he explained that the cases are unanimous that "birth · is a blessing with no duty to avoid so the last clear chance doctrine did not stand." As to the criminal law theory, Mr. Levy explained that simply because the victim had the opportunity of seeing the approaching danger and did not avoid it, the man is still liable. By way of analogy, Mr. Levy pointed out that in a recent English case a man stabbed a Jehovah's Witness who refused a blood transfusion and subsequently died. The assailant was still found guilty of murder. Finally, Mr. Levy indicated that in contract law theory there is an implied· Williams said. "This is not just a student, or faculty, or alumni organization." The committee_plans to eventually seek alumni participation and input although the alumni are not presently involved in the operations of the LRPC. Mr. Williams said that Law School alumni would be consulted on some proposals and gradually would be made a part of the LRPC. Presentlv the Committee is not _working at an optimum level, Mr. Williams pointed out. He said that the group considers "what the school should be like 1 0 to 15 years from now." The group is currently composed entirely of volunteers, but he suggested that the "function is important enough that it should be handled by someone who can give it full-time consideration." Anyone who has a suggestion or proposal for the committee to consider, or who would like to join the committee, may do so by contacting Mr. Williams or any of the other LRPC members. The Committee's membership includes Professors Leslie W. Abramson, Albert T. Quick, Robert L. Stenger, and Martin L. Levy. Student members are Dennis Williams, Ann Payne, Pat Owen, Jim Stevens, Juanita Christian, Joe Neary, Bryan LeSieur, Freda Morris, Randy Gibson, Robert Lee, Greg Burton, Tom Volk, Jan Buker, Bill Shouse and Joan Henderson. sexual contract between the unmarried persons that there be no birth as a result of the sexual union. "However, sexual contracts between unmarrieds are void by law because the relationship is meritricious," Mr. Levy explained so this will not stand. Mr. Levy's immediate plans are to publish an article on homosexuality decisions of the Supreme Court which recently have held that states may make homosexuality a crime. This will be studied in light of Eisenstadt v. Baird and · Stanley v. Georgia~ which are "right of privacy" cases. - - --- -- -- - --~ - ~ Mr. · Levy expressed a desire to continue teaching Family Law and Juvenile Law at the Law School but admitted that, "Like every good lawyer, I dream of having my one big ACLU case before the Supreme Court." 6 Louisville Law Examiner, October 19, 1976 Nuclear Power Series Protecting Against Radioactive Pollution (Continued from page 2) Generally, the BWR liquid effluent consists of fission products and activated corrosion products. These concentrations, in decreasing order are Tritium, Cobalt-58, Strontium-89, Strontium-90, Iodine-131, Cesium-134, and Sodium-140. The total activity prior to dilution may typically be 2 x IQ-3 microcuries per milliliter. Exposure from this level after dilution would not be measurable. Constituents of the PWR liquid effluents are similar to those of the BWR.1 •5 Other potenti¥ radionuclides in the effluents are Carbon-14, Chromium-51, Phosphorus-32, Manganese-54, Iron-55, Nickel-63, and Zirconium-95.6,7 The release rates of the corrosion and fission products may be somewhat less for PWR; however, tritium release rates may be as high as 100 times greater from PWR's than from BWR's.8 The presence of specific nuclides in the effluents is not only determined by the reactor type, but also by the particular waste treatment system utilized at the plant. Four basic treatments exist for radioactivity reduction :1•5 (I) Delay - By allowing additional retention time, radionuclides with short half-lives will decay as they move through the system. This will not, however, significantly reduce the levels of long-lived nuclides. (2) Filtration -This allows for the removal of particles in the liquid. It is also used in conjunction with other treatment methods as a pre- or post-treatment process. (3) Evaporation -This process allows for the separation of water for non-volatile dissolved and insoluble radioactive wastes. It provides a method for concentration and volume reduction for materials other than substances that will evaporate. ( 4) Demineralization -Acting as "magnets" to capture particular constituents, this method employs the use of ion-exchange columns. Pre-treatment of liquids using filtration reduces the percent of dissolved and suspended solids, thus increasing the efficiency and life-term of the resins. Amendments to 10 CFR 50 in 1970 provided guidance in applying the "as low as is reasonably achievable" standard by requiring the inclusion of waste treatment handling techniques and equipment in the design of LWR (10 CFR 50.43a). It also specified that operating procedures developed for effluent control must be established and followed and that equipment installed in the radioactive waste treatment system must be maintained and used during operation. Another procedure utilized in the handling of liquid wastes for discharge preparation is that of dilution. In the strictest sense it is not a treatment process since it does not reduce total radioactivity. However, it does perform a primary function of decreasing the relative concentration of the activity. Low-level effluents are held and diluted, and then tested to assure permissible radioactivity concentration levels prior to discharge. Levels of radioactivity in the water discharge can be reduced by preliminary treatment methods, temporary delay periods and dilution prior to discharge. The "as low as is reasonably achievable" philosophy governs the release of liquid from reactors to ensure that exposure to a person in an unrestricted area is far less than that of a normal chest x-ray over a period of a full year.9 The radioactivity level of a typical nuclear power plant's waste discharge (gas and liquid combined) is approximately 1-10 picocuries per liter. Tests that characterize specific contaminants are not routinely performed for environmental surveillance. After initial identifi~ation of possible constituents, total radioactivity release levels are determined. This is compared to the maximum permissible concentration for any mixture of fission and corrosion products. Providing an additional conservative factor, the standard used is determined by assuming all nuclides have the highest concentration limit. In addition to this, concentrations actually discharged are generally much lower than the conservative allowable limits. Usually, this is only one per cent of the standard.l 0 Release rates of ttitium are greater than those for other nuclides. However, they are still just small fractions of the applicable limits and .... only a small percentage of the tritium normally present as background radiation.1 In fact, the concentration of tritium in water discharged at present levels do not even approach one per cent of levels considered acceptable for continuous human use.11 Factors other than levels of radioactivity must also be considered in determining potential biological hazards from liquid effluents. Formulation of standards are based Prof. Charles Whitebread of the University of Virginia recently visited the Law School as a featured speaker of the Louisville Law Forum's Evelyn Crady Adams Visiting Lecture Series. In an evening address attended by over_lOO law students, Mr. Whitebread highlighted the fmdings of his eight year research project in which he investigated drug laws and the history of the use of marijuana in the United States. Mr. Whitebread is author of a book entitled, The Marijuana O:mnection. In addition to his evening speech, Mr. Whitebread conducted several seminars in which an estimated 100 students participated. on several parameters relative to radionuclide toxicity, such as half-life, biological concentration potential, physical properties, etc. In the case of tritium, its rapid dilution and low energy make it less biologically hazardous than many other nuclides in spite of its longer half-life. The potential for reconcentration is minimal; it is not retained in preference to other hydrogen atoms. Therefore, concentration in tissues is not likely to be greater than the surrounding water. Thus, the risk of exposure from tritium in the environment is relatively minirnal.l 1 However, releases of some nuclides are potentially hazardous. The release of a radionuclide with a long half-life, high biological reconcentration factor and considerable human toxicity would pose a potential threat to public safety if released at levels grossly exceeding applicable standards for that material. Continued research in these areas is necessary to fully comprehend the potential risks and to eliminate unnecessary conservatism in determining adequate limitations. Quantities of reactor liquid coolants are so large that the quantities of radioactivity released results in very small concentrations compared to regulation limits. Generally, the quantities of activity released are too small to result in exposures to the public that are even measurable. Radioactive liquid effluents of nuclear power reactors are insignificant. 8 Actual exposure to humans is lower than standards set by the International Commission on Radiological Protection by several orders of magnitude. Such exposures are believed to be minimal and insignificant as compared to natural background radiation. It is probable that the exposures from liquid effluents could be increased many fold without exposing surrounding populations to even one per cent of the permissible dose. Conclusive statements from numerous sources indicate favorable attitudes toward the handling of radioactive liquid wastes and the success of reactor operations in minimizing releases of the activity to the "as low as is reasonably achievable" levels. Note also that accidental releases of large quantities of radioactive materials are highly improbable. No adverse environmental effects have been attributable to nuclear power plant operations. The minimal hazards from liquid effluents are based on the miniscual quantities and short half-lives of most of the materials, as well as treatments, dilution, and conservative release limits. Releases are below the levels of significant environmental or human health effects. Reactor design criteria for containment and operating procedures limit the probability of accidental releases. It is also notable to mention that the release rates of fission and corrosion products from both types of reactors declined over the period from 1967-1972, as did release rates of tritium. 8 Present and future research in reactor design 'and operating criteria should continue to provide additional improvements and safeguards. Radioactive liquid effluents will, however, require continued close monitoring to assure the performance characteristics as good as they have been to date. BIBUOGRAPHY 1. IAEA-SM-146/55, "Review of U.S. Power Reactor Operating Experience," Presented at the International Atomic Energy Agency Symposium on Environmental Aspects of Nuclear Power Stations, August 14, 1970, United Nations Headquarters, New York, New York. 2. "Techniques for Monitoring External Environmental Radiation Around Nuclear· Facilities," Harold L. Beck, U.S. Energy Research and Development Administration, Health and Safety Laboratory, Presented at 8th Annual Conference on Nuclear Safety Research, Tokyo, Japan, May 12-13, 1975. 3. IAEA-SM-146/8, "U.S. Regulations for the Control of Releases of Radioactivity to the Environment in Effluents from Nuclear Facilities," Lester Rogers and Carl C. Gamertsfelder, Division of Radiation Protection Standards, U.S. Atomic Energy Commission. 4. "Reactor Effluents: As Low As Practicable Or As Low As Reasonable?," Andrew P. Hull, November 1972. 5. "Nuclear Power and the Environment," International Atomic Energy Agency, Vienna, 1973. 6. Safety Series No. 10, "Disposal of Radioactive Wastes Into Fresh Water," Internal Atomic Energy Agency, Vienna, 1963. 7. "Impacts of Nuclear Releases Into the Aquatic Environment," Proceedings of a Symposium, Otaniemi, June 30-July 4, 1975, International Atomic Energy Agency, Vienna, 1975. 8. "Comparing Effluent Releases From Nuclear and Fossil-Fueled Power Plants, Andrew P. Hull, Aprill974. . 9. "Nuclear Power and the Environment: Questions and Answers," Published by the American Nuclear Society, 1976 Edition, Second Printing, June 1976. 10. "The Public and Radiation From Nuclear Power Plants," Dr. Victor Bond, Brookhaven National Laboratory, APril 1970. 11. "Environmental Impact of Tritium Release." I:Oiiisville Law Examiner, October 19, 1976' 7 0 # •••• ••••• • -. • • • .. ... - • • - - -.... ~ Deans Discuss Faculty Recruitment Plans (Continued from page 4) and asserts that there is no malaise on the Law School faculty. The problem for the last three years was one of instability and lack of leadership due to the absence of a permanent dean, he explained. Although there have been significant changes in salaries. in the past four years, and because of a Council on Public Higher Education (CPHE) policy, salaries are now on parity with the U. K. Law School, Mr. Smith said that U. K. has not been making a good effort to keep its salaries in line with comparable schools in recent years. The Law School's salaries are expected to be at approximately the national median this year and slightly above the median regionally. But, as a school with a goal of improving the quality of its programs and obtaining greater regional recognition, Mr. Smith said that the Law School needs to be in the top third. While acknowledging the importance of maintaining competitive faculty salaries, Dean Wren noted that lawyers do not generally become law professors for fmancial reasons. onetheless, he said that the Law School is striving to improve the financial situation of the faculty through the budgeting process and outside sources. Both the Law School administration and the central University administration ha e discretion o alter salaries within the limi of he budget. Dean Wren said that · I conhnue o rationalize the faculty ries according to experience, ability, and seniority in order to correct an inequity which developed a few years ago ·e for ne faculty wereraised to attract higher quality professors without a commensurate increase in the salaries of existing faculty. Dean Wren explained that in this rationalizing process no salaries are being cut. Instead, future salary increases will be made solely on the basis of merit . The Dean also hopes to add another faculty secretary next year with an eventual goal of one faculty secretary for every four professors. He indicated that this ratio is in accord with the American Bar Association (ABA) and the Association of American Law Schools (AALS) standards of "adequate secretarial services." The faculty recruitment committee will employ a variety of methods to find the best prospects for faculty additions. In December the committee will attend a nationally oriented convention in Chicago organized by the ABA in which law school representatives can meet with prospective professors. The committee, which includes Dean Wren, the assistant deans, and a faculty panel, will invite a selectee to the Law School to meet the entire faculty if it is contemplated that an offer will be made. New faculty is also solicited by word of mouth, personal contacts, and direct application to the Law School, within the requirements of Affirmative Action. Ultimate approval must come from the Board of Trustees through the central administration. Dean Wren indicated that the best choice of additional faculty has to be related to obtaining the objectives of the Law School. While he noted that it is important to develop a sound theoretical basis in the law among students, he plans to introduce more skilled training in the curriculum through clinical programs, simulated trial work and problem work. The Dean hopes to have "one truly clinical law professor" on the faculty, and wants to acquire more faculty members who relate courses to the day to day practice of law. Dean Wren said that additional funds for faculty salaries may come from the Council on Legal Education for Professional Responsibility, Inc. The Dean explained that the Law School may be in line for a two year non-recurring grant from the foundation which is a spin off from the Ford foundation and provides funds to law schools to enable them to improve their programs by making them more relevant to community needs and giving students greater contact with the reality of legal practice. The Dean is also discussing with the Alumni Development Office the possibility of establishing an endowed chair at the Law School. The Law For Members Of Alumni Foundation is also considering giving funds for the project. But the problem with an endowed chair, said Dean Wren, is that it takes so much money. He explained that usually a chair is funded by a single donor, who lends his name to the chair; Presently the Bernard Flexner chair is the only endowed chair at the Law School. It is currently held by former Dean Merritt. · UNIVERSITY OF LOUISVILLE LAW SCHOOL ALUMNI And Their Immediate Families 7 nights in Lima, Peru at the Mira flares Cesar's Hotel carnival Live An Enthralling Week In The Modern Capital Of An Ancient Civilization! Come to the land of the Incas ... a country with some of the world's most spectacular ruins. Come to Lima ... the City of Kings . .. a thriving metropolis built upon a centuries-old Spanish tradition . Th~ is your chance to spend a different kind of vacation in a place that few other destinations can match. Swtm the Pacific. Sun on golden beaches. Travel as far up in the sky as 12,000 feet. The list is endless. There's a vast amount to see and do and all of it is unforgettable. Here's What's Included! • Round trip jet flights with food and beverages served aloft • Transfers by deluxe motorcoach • Luggage handling (tips included} • Deluxe accommodations • Informative briefings • Host escort • Hotel and airport taxes • Optional dining plan available • Pre-registration • NO REGIMENTATION (Your time is your own!} Meal Option $60: Includes 5 Continental breakfasts and 4 full course , Dine-Around dinners at your choice of some of Lima's finest restaurants DEPARTING ON DEC. 29, 1976 FROM LOUISVILLE AND RETURNING ON JAN. 6, 1977 $399 per person doub1e occupancy plus 15% tax and servtces University of Louisville Law Alumni M. C. Meuter, Travel Chairman 5330 South 3rd Street Suite 106 Louisville, KY 40214 Enclosed please find $ ___ as deposit 0 as payment in full 0 (502) 361-2466 0 Meal Option-$60 per person for ___ number of person(s) Make check or money order payable to : PERUVIAN CARNIVAL $399 per person double occupancy plus 15% tax and services. $100 mmtmum deposit per person required . Final payment due 35 days · pnor to departure. Please print. and if more than one couple. attach a separate list with complete information as below. FULLNAME(S) ________________________________________________________________________ _ STREET _______________________________________________ ~ PHONE ( ) ----------------- CAB regulatrons requtre that your phone number be grven CITY _________________________________________ STATE _______________ ZIP ________________ __ DEPARTURE POINT ___LO__U_IS_V_IL_L_E_ ____ DEC. 29, 1976 ~-----------DEPARTUREDATE __________________________ __ 0 Name of person shanng wrth If remtttmg separately ___ __ State closest maJOr atrport for stattsttcal purposes only ------- Return thtS reservatton tmmedtately to tnsure space Reserva· !tons lrmtted Rates are based on double occupancy There ts no stngle . tnple or chtld rate AITS reserves the nght whenever neces· sary to substttute comparable hotel accommodattons and atrcraft equtpment n [ r r r r r r,, .. r r r r r ( ,,. r ,r r r r ( r r r r I" ~ r r r I ( I r r r r r r' r (' ~ ( ( r r r r r r r r r r ,r ( ; , , ~ ( 8 Louisville Law Examiner, Octo'Jer 19, 1976 ALI-ABA New England Antitrust Conference (Philadelphia) The Tenth New\ England Antitrust Conference has been scheduled for Nov. 19-20, 1976, at the Sheraton-Boston Hotel in Boston. The course is cosponsored by Massachusetts Continuing Legal Education - New England Law Institute, Inc., the Antitrust Committee of the Boston Bar Association, and the American Law Institute-American Bar Association Committee on Continuing Professional Education. Representing corporate clients in the prosecution of government and private antitrust suits will be the focus of the conference, designed to be of interest not only to those involved in the preparation for and the trial of the "big case," but also to those engaged in antitrust counseling, which has as its primary goal the avoidance of antitrust litigation. Main topics of discussion will be avoidance of antitrust litigation; meeting the demands of corporate clients if and when litigation begins; anticipation of and dealing with the stratagems of defense counsel discussed during a previous lecture; and an analysis of proposed antitrust legislation to be considered by the new Congress. In addition to these topics, each registrant may attend one of three workshops during the first afternoon. The three areas of discussion will be private antitrust litigation; government investigations and settling government cases; and distributing, franchising, and licensing, the perennial sources of litigation. UCC Seminar (Philadelphia) - An in-depth analysis of the Uniform Commercial Code and applicable case law will be the focus of a Course of Study entitled Bank Defense of Negotiable Instrument Cases. Sponsored by the American Law Institute-American Bar Association Committee on Continuing Professional Education (ALI-ABA), the program will be held at the Fairmont Hotel in New Orleans, On Nov. 18-20, 1976. The entire program is planned for the lawyer who must negotiate a claim for the bank and try the law suit. The speakers and panelists will draw on extensive litigation experience in the field to recommend strategies and tactics in the application of the law to the handling of claims and the conduct of a trial. Among the topics which will be considered are: forged checks, forged indorsements, imposter and fictitious payee rules, forgery and government Examiner Staff Needed The Louisville Law Examiner is a student organization that is open to all students of the Law School Cu"ently, there are several staff positions available incb.tdin_g editorships. While experience is desired, it is not necessary.J]ze cu"ent.. editors and staff will provide the guidance and training on an individual basis. All interested students are encouraged to attend the regular meetings in the Examiner office in the Annex on Tuesdays at 12:15 or see any editor or staff member for information. Oct. 20: Oct. 21: Oct. 21: Oct. 25: Oct. 25: Oct. 29-30: Oct. 30: Nov.1: Nov.2: Nov. 4-5: Nov. 5-6: Nov.8: Nov. 12-13: Nov.15: Nov.18: ' Nov.-25: Dec. 9-11: Dec. 29- Jan. 5: CALENDAR OF EVENTS Brandeis Lecture Series, Gen. Russell E. Dougherty, Middleton Auditorium, Strikler Hall, Belknap Campus, 8:15p.m. Lunchtime Speaker Series, Congressman Ramano Mazzoli, Allen Courtroom, Main Law School Bldg., Belknap Campus 12:05 p.m. Career Night Law School, 6:50-8:00 p.m. Veteian's Day Bread and Butter Luncheon, "The Drafting of Wills and Trust Instruments," Rodeway Inn, 12-1:30 p.m. Practical Skills Seminar,. "Domestic Relations Problems," Middleton Auditorium, Strikler Hall, Belknap Campus, 1 p.m. Law Alumni Homecoming Luncheon, Masterson's, 11:30 a.m.-1 :00 p.m. Bread and Butter Luncheon, "1976 Legislative Changes in Garnishment, Attachment, and Exemptions," Rodeway Inn, 12-1:30 p.m. Election Day Evelyn Crady Adams Visiting Lecture Series, Dean Donald E. Shapiro, ADen Courtroom, Main Law School Bldg., Belknap Campus, 8:30 p.m. Practical Skills Seminar, "Will Drafting and Probate," KenLake State Park. Bread and Butter Luncheon, "New Circuit Court Procedures," Rodeway Inn, 12-1:30p.m. Practical Skills Seminar, "Will Drafting and Probate," Barren River State Park. Bread and Butter Luncheon, "Suggestions to Lawyers from the United States Magistrate," Rodeway Inn, 12-1:30 p.m. Brandeis Lecture Series, Atty. Leonard Boudin, (time and place to be announced) Thanksgiving Day Annual Kentucky Tax Institute, Galt House. Law School Alumni "Peruvian Carnival" Tour. drafts, altered instruments, stopping payment, wrongful dishonor, late return of items and the kite, lost cashier's checks, time certificates of deposit, duty of depositary bank in cashing checks and accepting deposits, check of principal given by agent for agent's benefit, and compensated surety defense. For further information or to register for the course, please contact the Registrar, ALI-ABA, 4025 Chestnut Street, Philadelphia, Pa. 191 04; or telephone (215) 387-3000. Cong. Ramano Mazzoli (right) will address the student body on Oct. 21. · News-In-Brief Alumni Homecoming Planned The Annual U of L Law Alumni Homecoming Seminar will be conducted on Oct. 29-30. This year's topic is Domestic Relations. The Semihar will be held at Middleton Auditorium in Strikler Hall at U of L's Belknap Campus. Friday's program begins at 1:30 p.m. and ends at 5:30 p.m. Topics to be discussed Friday include: interviewing and counseling the client, fee arrangements, ethical considerations; motion and rule practice; assignment of non-marital property and division of marital property. Saturday's program begins at 8:45 p.m. and concludes at 11:30 a.m. Topics to be discussed on Saturday include: child custody matters; the non-resident spouse; maintenance for wife and support for child; tax aspects. Following Saturday's program will be a luncheon from 11:30 a.m. to 1:00 p.m. at Masterson's Restaurant, 1830 S. Third Street. After the luncheon, everyone is invited to attend the U of L versus Tulsa football game at 1:30 p.m. at the Fairgrounds Stadium. The Registration fee for the Seminar is $20.00 and includes a handbook and one luncheon (additional luncheon tickets are $3.25). Interested parties should contact Mrs. Maria Meuter at the U of L Law School. Phone: (502)588.Q360. Rape Awareness Susan Brownmiller, author of the best-selling and critically acclaimed book, Against Our Will: Men, Women and Rape, will speak on the same topic at U of L on Oct. 25. The lecture will be delivered at 8 p.m. in Middleton Theatre in Belknap Campus' Strickler Hall. Her book, which was published in 1975, has been called by reviewers "a landmark work in the literature of awareness," "one of the most significant books to emerge in this decade" and "the most comprehensive and intelligent study of rape ever undertaken." Speaker Wanted Law students are needed by the Jefferson County School System to speak in high school classes as part of a social studies program entitled, "The Youth and the Law." Some of the topics the School System wants law students to discuss are as follows: student rights, consumer law, equal employment opportunities, juvenile delinquents and due process of law and the Equal Rights Amendment. Students interested in being guest speakers for this program should contact the Local Government Law Center. Phone: 588-6508. 11Jnuisuillt maw &mnintr Louisville Law Examiner School of law University of Louisville Louisville, Kentucky 40208
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Title | Louisville Law Examiner 2.3, October 19, 1976 |
Alternative Title | Law Student Publications |
Contributors | University of Louisville. School of Law |
Description | The Louisville Law Examiner (1975-1991) was the second of three official University of Louisville School of Law student publications. |
Searchable Text | John M. Harlan Louis D. Brandeis Louisville Law Examiner Serving The University of Louisville Law School Community Volume 2 Number 3 Louisville, Kentucky, October 19, 1976 SAC Commander Dougherty Comes Home by Sara Scott Moore Gen. Russell E. Dougherty, Commander-in-Chief of the Strategic Air Command and Director of Strategic Target Planning, will be the first speaker of the Louisville Law Forum's Brandeis Lecture Series tomorrow night at 8: 15 p.m. at the Law School. His address will be entitled "The Future of Strategic Deterrence." A native of Kentucky, Gen. Dougherty was born in Glasgow and received his general education there. He obtained an undergraduate degree from Western Kentucky University and a J.D. from U of L Law School. During his early life, Gen. Dougherty's main ambition was to become an attorney. He held the attorneys in Glasgow in highest esteem and aspired to their positions of prominence. World War II interrupted the course of his life, and having resigned his position with the FBI, he entered into active military service. He was a member of the 123rd Calvary of the Kentucky National Guard. When he completed flight training, he received his pilot wings and a commission as second lieutenant in the Army Air Corps Reserve. During WWII, he was an instructor pilot in the Air Training command, and he later served in the Third Air Force in crew and instructor pilot duties, as a B-17 pilot, and on a B-29 combat crew. In 1946, he entered Law School. After receiving his degree, he realized that he missed the Air Force, and in 1948, he went into active duty again. Following his appointment into regular duty, Gen. Dougherty coupled his ambition for a legal career and his passion for military duty. His post WWII assignments encompassed various duties i n op e rational , maintenance , administrative, political, military affairs and command duties in the Air Force, joint, and international assignments. In 1 94 7 he served as a Unit Instructor with the Air Force Reserve at Standiford Field, and in 1948 was transferred to the Far East Air Forces (FEAF). While flying with the 19th Bombardment Wing, he served as Staff Judge Advocate for the wing and later as Assistant Staff Judge Advocate for the Twentieth Air Force. In April of 1950, he became the Assistant Staff Judge Advocate for FEAF headquarters in Japan. At the outbreak of the Korean War, he was assigned to temporary duty in Intelligence with FEAF. Gen. Dougherty returned to the United States in 1951. He was assigned to Air Materiel Command (AMC) at Wright-Patterson Air Force Base as Chief of the Appeals and Litigatio~ Division, and as the Assistant U.S. Air Force trial attorney for litigation pertaining to Air Force procurement and contractual activities. In 1952, Gen. Dougherty left the Judge Advocate General's Department for assignment to Strategic Air Command (SAC). He began successive assignments in SAC as operations officer for the 303rd Air Refueling Squadron; Commander of the 303rd Armament and Electronics Squadron; Deputy Chief of Operations, 303rd Bombardment Wing; and Commander, 358th Bombardment Squadron, all at Davis-Monthan Air Force Base in Arizona. Gen. Dougherty was assigned to Headquarters Fifteenth Air Force, SAC, as Chief of the Operations Division, where he planned the B-52 round-the-world flight, Operation Power Flite. He was later promoted as Deputy Director of Operations, Headquarters Fifteenth Air Force. He attended the National War College in 1959 and 1960 and following graduation, he was assigned duty in Headquarter U.S. Air Force in the office of the Deputy Director for War Plans. In 1961, he was appointed Deputy Assistant Director of Plans for Joint Matters, and later became the Assistant Director for Plans for Joint and National Security Council Matters. Gen. Dougherty has had four assignments in joint and international duties. Those positions included the Deputy Director for Plans and Operations Headquarters U.S. European Command in Paris, France, where he was the U.S. planner for the successful U.S./Belgian Rescue Operation at Stanleyville in the Congo. He returned to Washington as Director, European Region, Office of the Secretary of Defense. From 1967 until 1969, he served as Director, Headquarters U.S. European Command, Stuttgart, Germany. He returned to Headquarters U.S. Air Force to serve as the Assistant Deputy Chief of Staff, Plans and Operations, and was soon promoted Deputy Chief of Staff. He was assigned as Commander, Second Air Force, SAC, in April 1971. The U.S. Air Force's largest numbered force consisting of the majority of SAC's B-52 bombers and KC-135 tankers were under his command. On May 1, 1972, Gen. Dougherty was promoted to his four-star grade and assigned as Chief of Staff, Supreme Headquarters Allied Powers Europe, the headquarters of NATO's Allied Command Europe. He returned to the U.S. in 1974 to become the eighth Commander of SAC. Circulation 3500 Forum Hosts Shapiro by Don Pearcy E. Donald Shapiro, the second guest lecturer in the Evelyn Crady Adams Visiting Lectures Series, will be at the Law School Nov. · 4 and 5. Several seminars will be conducted by Mr. Shapiro during his two-day stay at the Law School with his major address to be delivered at 8:30p.m. on Thursday, Nov. 4. All topics will be related to the medico-legal field. Mr. Shapiro was born in 1931. He received his A.B. from Dickinson College, his J.D. from Harvard in 1956 and his LL.D. from New York Law School in 1973. Although Mr. Shapiro was admitted to practice in Michigan, Pennsylvania and Washington, D.C. he has dedicated most of his postgraduate years to scholarly research and teaching. He was an instructor at Boston College of Law; professor and lecturer of Social Welfare Law at the University of Michigan School of Social Work; associate dean of the State-Wide Ed. Continuing Legal Education at the University of Michigan; director of the Practicing Law Institute of New York City and adjunct professor of Social Work at Fordham University. Mr. Shapiro also has served as President of the New York Law Journal from 1971 to 1972 and has been dean of the New York Law School since 1973. Among the subjects taught by Mr. Shapiro in his career are Criminal Law, Law and Medicine and a Legal Medicine Trial Workshop. Mr. Shapiro is the author of Law, Medicine and Forensic Science which is currently used as a textat the Law School. His credentials are well founded in the medico-legal field due to his memberships in the American College of Legal Medicine; the American Academy of Forensic Sciences; and the American Society of Law and Medicine. On the Inside Brandeis Brief ••••..•••...••••••.• p. 2 SBA Report ..•••..•.••••••••..••• p. 3 Letters to Editor .••.•••..•.•.••.•• p. 3 Moot Court Team · ••••••••••••••••• p. 4 Faculty Raids •••••••••••••••••••• p. 4 Prof. Levy Publishe~ ••••••••••••••• p. s LRPC •..••.•...•.•.••••••..••••• p.S AU/ABA News •...•••..••••.•••.• p.8 Calendar of Events •..•••.•.•••••••• p. 8 News in Brief ..••.•••.•••...••••.. p. 8 Brandeis Brief On page two, Mr. Billy Shipp and Ms. Sally Mann discuss nuclear waste water systems and the environment. [ I l • • f I t • l 2 Louisville Law Examiner, October 19; 1976 1JJnuiiiuillr iLaw iExamiuer DONALD W. PEARCY Editor-in-Chief RUSSELL L. CRUSOIT MaMging Editor LEE J. CALARIE Business MaMger CHARLEST.RANDALL Associate Editor Joseph Castlen Brandeis Brief Editor Christopher Rivers Photography Editor Judge MARUN -M. VOLZ Advisory Board Staff Kenneth Golliher Ed Mann Sara S. Moore Valerie Salven Harry Sanders Prof. LESUE W. ABRAMSON Editorial On the Record In the past several weeks we have observed that a handful of dissidents have begun to criticize some student leaders. Specifically, a miniscule number of critics have suggested that this year's Student Bar Association (SBA) has been guilty of elitism, gross neglect and inaction. Some of this criticism has been aimed at Bill Bardenwerper, President of the SBA. ' While it has not been our custom to single out individual students for their service to the Law School, we nevertheless feel compelled to depart from our usual editorial policy and speak out, not in defense, but in praise of the one student who has worked unselfishly and tirelessly to revitalize the Law School. The person of whom we speak is Bill Bardenwerper. From the inception of his term in office, Mr. Bardenwerper has chosen to lead, not through confrontation as did last year's SBA President, but rather through persuasion, cooperation and carefully calculated accommodation. During his association with the Law Examiner last year he had the foresight to recognize that the Law School is one community comprised of faculty, students and alumni with a common objective - the offering of a superior legal education and law school experience to students. We find his ideas and his approach refreshing. Perhaps the most obvious way to demonstrate Mr. Bardenwerper's effectiveness is to cite a few of his tangible accomplishments and programs. Before taking office, he founded (and served as Editor-in-Chief) ·of the Law Examiner. While some students still doubt the propriety of a professional newspaper for all segments of the Law School community, we trust those doubts will subside as students and alumni begin to take more pride in their school and in turn bestow their financial and moral support. During his campaign for office Mr. Bardenwerper pledged a reorganization and revitalization of the Law School's speaker program. Already, the Louisville Law Forum, the product of Mr. Bardenwerper's planning, is well on its way to becoming one of the nation's best speaker's organizations. Without Mr. Bardenwerper and Board members such as Charles Musson, the speaker program at the Law School might still be in the dark closet it so long occupied. In addition, there are other equally impressive accomplishments of the Bardenwerper Administration. Mr. Bardenwerper ingeniously arranged a summer visit by Assoc. Justice Byron White to dedicate the Brandeis and Harlan rooms at the Law School. What better way to begin to build a foundation of prestige than to bring a U.S. Supreme Court Justice to the Law School? This year's freshman orientation was touted by those staff members who have been here for decades as the "best in the history of the Law School." But there are other SBA accomplishments which we observe: the sponsoring of a Trial Practice Seminar ; the acquumg of lockers, vending machines, telephones; conducting voter registration; the procuring from the Student Government · Association of $11,000; the computerizing of the faculty evaluation system come immediately to mind. In the past, a few students have felt uncomfortable with what they perceived as a closed system of student participation and involvement. However, having watched Mr. Bardenwerper for two years, we know that to be a false perception. He is now, as he has always been, open to anyone who wants to volunteer his ideas, criticism or time. The Louisville Law Examiner is published every three weeks on Tuesdays during the academic year except during holidays and examination periods in the interest of the University of Louisville Law School community. The Louisville Law Examiner does not necessarily express the views of the University. Editorial opinions are those representing a majority vote of the managing board. Any article appearing herein may be reprinted provided that credit is given to both the Louisville Law Examiner and the author. Reproduction of a Brandeis Brief column, however, requires written pgmission. Address all ·communications to the Louisville Law Examiner, Room 1-09, Schd31 of Law Annex, University of Louisville, Louisville, Kentucky 40208, or phone: (502) SSS-6399 Brandeis Brief Nuclear Power Series Wastewater Systems Guard Our Environment Mr. Shipp received his B.S. with honors in Chemistry from the University of Central Arkansas in 1968, his M.S. in Radiation Science from the University of Arkansas in 1969, and his Doctorate in Bionucleonics from Purdue University in 1972. Currently Mr. Shipp is employed as Assistant Director for Health Protection, Safety Division for the Chicago Operations Office of the U.S. Energy Research and Development Administration. After receiving her B.S. in Animal Science in 19 72 and her MS. in Bionucleonics in 1973, Ms. Mann received her Doctorate in Bionucleonics in 1975 from Purdue University. Ms. Mann is cu"ently employed as a Health Physicist in the Safety Division, Chicago Operations Office, U.S. Energy Research and Development Administration. by Billy D. Shipp, Ph.D. and Sally A. Mann, Ph.D. Commercial nuclear power plants must receive a construction permit prior to any construction and must be licensed prior to operation. The complicated licensing procedure is preceded by extensive analyses and evaluations of many parameters, including aspects concerning environmental protective measures. Standards limiting emissions of radionuclides from the plants have been developed by the Nuclear Regulatory Commission (NRC) based on recommendations of the International Commission on Radiological Protection (ICRP), the National Commission on Radiological Protection (NCR), and the Federal Radiological Commission. (FRC).l •2 The Environmental Protection Agency (EPA) also has authority to set standards for protection of the general environment from radioactive materials. The licensee is required to keep extensive records of all releases of radioactive wastes and to develop an environmental surveillance program to adequately characterize the effluents, determine the potential effects from operation of the plant, and comply with appropriate regulations. Surveillance is also performed intermittently and independently by the individual states, U.S. Public Health Service, and NRC. Regulations governing reactor operations and associated liquid effluents are presented in 10 CFR 20. 3 In 1970, the philosophy of limiting releases to "as low as practicable" was incorporated into these regulations.4 The current descriptive term for this is "as low as is reasonably achievable". Operating data indicated that the practice of this philosophy was already prevalent in reactor operating procedures. Three radioactive materials are present in liquid effluents from nuclear power plants. These are fission products, activated corrosion products and tritium.5 Fission products are the principal radioactive material formed in the fission process. Most of them remain in the fuel element; a small percentage, however, can escape through minute openings which may develop during operation in the protective shield (cladding) surrounding the fuel. Fission products may also escape the cladding by diffusing through it. The quantity of fission products in the fuel element and, therefore, the potential for varying release quantities, is determined by the operating power levels of the reactor, the period of time during which the fuel remains in the core and the elapsed time for radioactive decay. Corrosion products are particles circulating due to chemical attack (rusting) on the metal parts of the reactor. They can become activated and, therefore, radioactive. Impurities in the fuel can also become activated and are generally included in this terminology. Tritium, a radioactive form of hydrogen,is formed when water is used as the core coolant, or as a result of neutron interaction with boron when it is used in the coolant water. The reactor type will determine potential radionuclides to be discharged in liquid effluents. Two types of light water reactors are Boiling Water Reactors (BWR) and Pressurized Water Reactors (PWR). (Continued on page 6) Louisville Law Examiner, October 19, 1976 3 Midpoint of Term Bardenwerper Reviews SEA Progress -- By Don Pearcy "A professional school, distinct as it is from an undergraduate school, should be run for the students with administrations anticipating student problems and concerns. Due to the nature of the serious academic work involved in professional education, students have little, and necessarily should have little, time to concern themselves with problems which should be anticipated and remedied for them. Unfortunately, this is not the case here at Louisville.Thus, the Student Bar Association [ SBA] has been very active in areas of providing student services, lobbying for such things as grade appeals procedures, course switching and grade system change." So came the words of SBA President William Bardenwerper when asked. recently to reflect on his position at the Law School. According to Mr. Bardenwerper, the SBA is currently. working with the faculty on a new grade system proposal and is soon to begin work on a grade appeals system as well as a student/faculty code of responsibility. Mr. Bardenwerper said that one of the most important things. that the SBA administration must do (and has done) is to establish a good working relationship with the administration and faculty of the Law School. "The relationship last year was in total shambles because they [SBA] seemed to work through confrontation rather than friendly persuasion and cooperation," he explained. As a result of this feeling of renewed mutual respect which Mr. Bardenwerper senses, the SBA was successful in acquiring a suite of Annex offices for various student organizations and in persuading the administration to establish a more permanent, rather than an ad hoc, placement service, Mr. Barden werper emphasized. Letters to the Editor Several SBA accomplishments which Mr. Bardenwerper listed include: the sponsoring of a Trial Practice Seminar over the past summer; publication of a 100 plus page Freshman Orientation Handbook; the acquiring of lockers, new vending machines and telephones; and a revamping of the faculty evaluation form and simplification of the tabulating process through use of computers. Mr. Bardenwerper also noted the establishment of the Louisville Law Forum by giving the existing speaker's programs to that organization; and the securing of $11 ,000 from the Student Government Association (SGA) for use by the SBA which is more than ever received before by the Law School and is also more than any other school at U of L received. Other SBA ·accomplishments include: bringing Supreme Court Justice Byron White to the Law School to dedicate the Harlan Room and to honor Justice Brandeis; persuading the Dean's office to hold night office hours one night per week to aid the night school students; conducting a voter registration drive for the national elections; conducting a Law Student Division (LSD) membership drive to try to secure 20 per cent of the student body as members which would make the Law School eligible for up to $1 ,000 from the American Bar Association (ABA) for projects. According to Mr. Bardenwerper, internally the SBA now has a better bookkeeping system and has worked out a uniform procedure for student organizations to obtain funding. SBA President Bardenwerper (left) conducting recent noon-time meeting. As to projects which Mr. Bardenwerper hopes that the SBA will have accomplished or initiated by the end of his term, Mr. Bardenwerper enumerated such ideas as: bettering the Placement Service program by surveying potential employers to see if they would be willing to conduct on-campus interviews; creation of a Placement Brochure and a Senior Placement Bulletin; working with the Dean's office on a change of the Law School's committee structure by establishment of parallel student/faculty committees such as recruitment and admissions; a joint committee with the Honor Council to revamp and revitalize the Honor Code; several social functions including a Second Annual Ball on . the Belle; and the possibility of allowing students to switch sections or classes within sections. Mr. Bardenwerper said that the Executive Committee is still trying to get the ABA Accreditation Committee Report released. He expressed hope that the Committee on Legal Education will take up the matter at its next meeting. Again, Mr. Bardenwerper said that he would like to see the current administration begin to anticipate future problems and resolve them so that students can "pursue more the reason why they are here." The Law School "should be run and must be run this way so that students will leave [the Law School] with the feeling that the school actually did something for them and with the understanding that the Law School faculty and administration finally came to understand that the Law School should be run for students with their welfare predominantly in mind," emphasized Mr. Bardenwerper. He concluded that future SBA's should continue more as "service organizations" which "should be their natural function." Readers React to Coughlin Brandeis Brief Dear Editor: First let me compliment you on your choice of topics for your Brandeis Brief Series. Whether or not to develop nuclear energy is a vital issue which must be resolved soon. I am an Indiana native who plans to return and practice there after law school. Because of Mr. Coughlin's position as Vice-President - Nuclear of Public Service Indiana, his article was of particular interest to me. I must disagree with his conclusions however. The development of nuclear power has serious effects far beyond the questions of economics and energy supply. Nuclear power may appear cheaper in the short run, but the total long-term impact of nuclear power presents serious problems that Mr. Coughlin did not address in a meaningful manner. There are some of the facts of nuclear power that Mr. Coughlin failed to mention or discus_s: , I) A typical nuclear power plant contains an amount of radioactive material equal to the radioactive fallout from thousands of Hiroshima-size weapons. The fear is not that these plants will explode like an atom born b. But much of this radioactive material is gaseous and could easily be carried by the wind for many miles if accidentally released. 2) One accident - from one plant - could kill as many as 45,000 people, cause $17 billion in property damage, and contaminate an area the size of Pennsylvania. In the next 25 years, the nuclear industry expects to construct almost I ,000 such plants. 3) The basic safety system in nuclear plants designed to prevent such accidents - known as the Emergency Core Cooling System (ECCS) - has never actually been tested under real conditions. When it was tested on small-scale laboratory models, this system consistently failed to function properly. 4) The serious long-range costs of environmental effects of waste disposal were not discussed, e.g. the costs of cleaning up the 115,000 gallons of hi~rh IP.vP.I ,.,.,t;n,.,.t;.,., waste which leaked from an Atomic Energy storage tank at Hanford, Washington in June, 1973. These are just a few examples of facts that have an economic cost which were not discussed in the article. Finally, before deciding whether or not to develop nuclear energy I suggest reading "Energy Strategy: The Road Not Taken?" by Amorty Lovins, Foreign Affairs, Vol. 55 No. 1, October, 1976. The decision is not merely economic, rather it is essentially political and must be understood in political terms. , Sincerely, Stephen Laudig Editor- The Woolsack School of Law University of San Diego (Hopefuly by now you have received our second installment of the Brandeis Brief in which Mr. Fred Hauck expressed many of your concerns. We appreciate your interest - ed.} Dear Editor: Your editorial on page two of the Sept. 14 issue is excellent, and far superior in style to the Coughlin article. The Coughlin article skates on thin ice. It is probably the best he could do. Fred Hauck's article is excellent, authentic, and, I think a fine contribution to what promises to be an excellent concept in approach to the problem of nuclear power. Very truly yours, Harold G. Cassidy Professor-At-Large Hanover College (Thank you for your letter expressing your opinion in regards to the Brandeis Briefs presented to date. There are five installments left and we feel sure that each one will be as informative and controversial as the previous ones. - ed.) 4 Louisville Law Examiner, October 19, 1976 Primed For Advocacy Mooters Compete in Regionals Moot Court team members t:litt Travis, Honnie Hrown and Dee Hill. by Ken Golliher "Of all the skills courses, moot court is more like the real thing than anything else we've got. . . I'm afraid too many of our students overlook the value of participation in National Moot Court Program for resume purposes." These are the words of Nathan S. Lord, Professor of Law and advisor to the Law School's . National Moot Court Team. The National Moot Court Competition is an annual event sponsored by the Young Lawyers Committee of the Association of the Bar of the City of New York and the American College of Trial Lawyers. Competition consists of written and oral advocacy at the regional level with the winning teams advancing to the finals in New York City. Dee Hill, third year student and senior member of the team, concurred with Mr. Lord's opinion. She said, "After you have stood before the judges the first time it gets much easier. Because of my National Moot Court experience, I'm much more confident about my ability to work in a real courtroom." The Law School's National Moot Court Team has been selected for this year. Ms. Hill is the only team member who is competing for the second year. First year members are Cliff Travis and Bonnie Brown, both second year students. Ms. Hill was selected for membership on the basis of her previous year's participation and Ms. Brown and Mr. Travis were chosen as a result of the written briefs they submitted for consideration. All team members receive a $250 scholarship and two hours of course credit for their efforts. Competition in the National Moot Court Program will begin Oct. 28 when the Law School team will travel to the University of Richmond at Richmond, Va. for the regional meet. Other schools represented will include the University of North Carolina at Chapel Hill, West Virginia University, the University of Richmond, William and Mary, the University of Virginia, Duke, Wake Forest, North Carolina Central, the University of Kentucky, Chase Law School at Northern Kentucky and Washington and Lee. In compliance with the first part of the program, the U of L team has already submitted their 35-page brief on this year's problem case. The hypothetical case concerns a situation in which a corporation has not complied with state statutes regulating tender offers. The case presents a variety of issues for agumentation. The second part of the program will consist of oral arguments in which the Law School team will support their brief as petitioner. Finally, the team will switch sides to represent the respondents, a process Ms. Hill described as "easier than you might think. After all the work we've put in on the question we have a pretty good idea of what the opposition will say. We also have access to the briefs that the respondent schools have filed . We generally pick the one we think is best and use it as a flexible guide in our ·arguments." All of the research is done on a team basis, but only Ms. Hill and Mr. Travis will be handling the oral arguments. Ms. Brown has been primarily responsible for the written brief. Last year's team was eliminated in the regional competition after making a good showing in the oral arguments. Ms. Hill explained that a rule change had forced them to submit a written brief that was merely considered a rough draft at the time and not ready for submission. She said that · the brief itself accounts for about 50 per cent of the total points and the low score received on the brief eliminated the team from competition. According to Mr. Lord, the Law School's teams have been traditionally strong in the oral competition. However, the fundamental problem with the teams of recent years has been in brief writing. He indicated that allowing beginning second year students to dominate the National Moot Court teams has put the students at a disadvantage since they have not had certain classes that are usually helpful, especially Federal Jurisdiction. The Law School is eligible to enter two teams in the national competition, but there has not been enough student interest in recent years to furnish two teams. Again, brief writing is the problem. "Students just don't wish to engage in the brief writing competition when there is no credit for those who don't make the team," Mr. Lord explained. Mr. Lord said that there are programs currently under consideration, however, which would elevate the desirability of participation in the program. He forsees the introduction of an appellate advocacy seminar in which students could get two hours of credit and fulfill the writing requirement for graduation. From the interested participants the best brief writers could be considered for participation on the National Moot Court Team. Mr. Lord explained that this writing experience, coupled with the Law School's continued participation in the Sixth Circuit Competition for oral argument would supply seasoned participants for the national competition. Mr. Lord cited the value of the exposure that a strong team gives the Law School. Ms. Hill added that, "In many schools the National Moot Court Competition carries as much emphasis and prestige as the law journal." Experience is the key to a successful moot court program and the Law School is moving toward the introduction of programs encouraging student participation in the activity. Faculty Raid Possibility Anticipated by Chuck Randan·. As the faculty recruitment committee bo+ prooo" of "qu;,mg two Dean Smith additional faculty members for next year, Asst. Dean Steven R_. Smith is expressing concern that the Law School faculty may be becoming a target for raiding. He said that a number of faculty members have been receiving offers from other schools, and the four professors who have taken leave this year to become visiting professors at other schools represent an abnormal degree of participation in the program by the Law School. "When you begin to get a lot of professors taking leaves of absence it's a sign that you may be becoming a target," explained Mr. Smith. After acquiring a faculty with many outstanding professors, the Law School must make an effort to remain competitive with other schools in order to retain them, he added. Mr. Smith noted that the Law School has been able to retain a fine faculty -in the past because "it's such a nice place to work." The backbiting and feuding that he has witnessed elsewhere is not present here, the physical surroundings are agreeable and the emphasis is on teaching at the Law School. According to Mr. Smith, these factors have made a decision to leave less inviting in the past. Although personal circumstances and geographical location are important factors in a professor's choice of work, Mr. Smith maintains that the main reason that the Law School may be becoming a target relates to salaries and budget oriented factors such as the number of teaching days and the secretarial facilities for faculty. He noted that at least two of the visiting professors are receiving substantial increases over their U of L salaries from their host schools. Law School Dean Harold G. Wren somewhat discounted the possibility that the Law School is ripe for raiding by indicating that it is "a concern, not a worry" and that the situation is improving. He said that salaries are only one consideration and not the principal one in a professor's decision to accept another position. The Dean maintains that usually schools become a target because of a malaise among the faculty (Continued on page 7) Dean Wren Louisville Law Examiner, October 19, 1976 s LRPC Contemplates Law School Problems by Valerie Salven The Long Range Planning Committee (LRPC) does not yet have a reputation for improving the facilities at the Law School or for influencing its policies and goals. But Committee chairman, Dennis Williams, is optimistic about its future status. "Hopefully by next year we will have laid a foundation that will allow the ap propriate [administrative] bodies to take action," Mr. Williams said recently. 'We attempt to fill a need that everyone agrees exists," he added. The need that the LRPC attempts to ha ndle is stated in the by-laws of the Committee: "To generate, preserve, encourage, and pursue ideas beneficial to the Law School, wi t h t he goal o f recommending definite courses of action." Mr. Williams described the LRPC as a "study group" where suggestions from students, faculty and alumni are analyzed by ad hoc committees within the LRPC which try to determine if a specific idea could or should be used by the school. Last year, the Committee's first year of existence at the Law School, the LRPC surveyed the student body to determine student sentiment about such matters as classroom facilities, curriculum, placement services, scheduling of exams and clinical education Levy Publishes Front, L. to R. Chamnan Dennis Williams, Robert Lee, Ann Payne, Joan Henderson, Tom Yolk, Rear, L. to R Prof. Leslie Abramson, Bryan LeSieur, Jan Baker, Joe Neary, Prof. Albert Quick, Prof. Robert Stenger, Pat Owen. programs. Mr. Williams indicated that on the basis of that survey, the Committee is working on various proposals for long range future improvements in the school. Some of the problems which the LRPC is currently considering include: what the optimum number of students enrolled in the Law School should be; what should be the ceiling on the number of out-of-state students admitted; f a culty response to proposed clinical education programs; the fe asibility of publishing class schedules three semesters in advance; and long-term placement service policy. Mr. Williams characterized the LRPC as a "conglomerate" of people and interests, and Stressed the need for continuing faculty and student support. Presently there are 15 students and four faculty members on the Committee. Mr. Williams indica,ted that participation by first-year students would be especially welcomed. Any interested student or faculty member can participate on a purely ad hoc basis if he wants to work only on one particular need or problem. "Our goal is to be objective" Mr. Abortion, Gay Rights Putative Fathers Studied by Don Pearcy Assoc. Prof. Martin R. Levy has admittedly been more active in legal scholarship recently than one might suspect from seeing him teach an occasional class. Anyone who spends more time around the Law School than just what is needed to attend class, has seen the door open and the lights burning well into the night in Mr. Levy's office. The reason behind this is that in the past year and one-half, Mr. Levy has either published or has been researching four separate legal works. Mr. Levy was sought by Law School professor, Judge Marlin M. Volz, last year to write the 1975 supplement to West's Federal Practice Manual section on Patent Law of which Judge Volz is the editor. Now that the 1975 Supplement is completed, Mr. Levy is working on the 197 6 edition. A second recent work by Mr. Levy is entitled " Asserting Jurisdiction Over Non-resident Putative Fathers in Paternity Actions" which has been accepted for publication in the University of Cincinnati Law Review in its summer issue Number !!, Vol. 45, which should be out soon. Mr. Levy explained that the research for the endeavor was prompted by an actual case that a friend of his had in his practice. The friend called Mr. Levy socially rather than professionally and asked his opinion. Mr. Levy was aided in his research by then second year law student, Chris Stewart, but Cincinnati refused to publish a work co-authored by a student. Consequently, Mr. Levy is listed as the sole author but Mr. Stewart is credited for his work in a footnote to the article. The study concerns itself with how to gain service over a putative father who has left the state in which he impregnated a woman. According to Mr. Levy, most long-arm statutes do not work. There is generally " insufficient bases to reach him in most jurisdictions so he is free of process," explained Mr. Levy. Mr. Levy considers this to be a definitive work because he has explored all devices used now and puts forth recommendations for future cases. The third article, of which Mr. Levy expresses most pride, is entitled "The Impact of Roe v. Wade on Paternal Support Status: A Constitutional Analysis" which has been accepted to the Family Law Quarterly of the American Bar Association. It is being published this fall. Mr. Levy was assisted in his work by co-author Elaine Duncan who was at the time a third-year student but has since graduated. The question involved in the work was - since a woman has the ultimate decision to bear or abort (Roe decision), should the man responsible for conception be held liable for support? According to Mr. Levy, this involves an Equal Protection problem and an irrebutable presumption Due Process problem. Mr. Levy examined the quest.ion from the angles of tort, criminal law, and contract law analogies and concluded that the father should be required to pay support. Concerning the tort analysis, Mr. Levy said that he could not at first get around the "last clear chance" doctrine. "However," he continued, "if this were accepted, we would presume that there is a duty to avoid birth." But he explained that the cases are unanimous that "birth · is a blessing with no duty to avoid so the last clear chance doctrine did not stand." As to the criminal law theory, Mr. Levy explained that simply because the victim had the opportunity of seeing the approaching danger and did not avoid it, the man is still liable. By way of analogy, Mr. Levy pointed out that in a recent English case a man stabbed a Jehovah's Witness who refused a blood transfusion and subsequently died. The assailant was still found guilty of murder. Finally, Mr. Levy indicated that in contract law theory there is an implied· Williams said. "This is not just a student, or faculty, or alumni organization." The committee_plans to eventually seek alumni participation and input although the alumni are not presently involved in the operations of the LRPC. Mr. Williams said that Law School alumni would be consulted on some proposals and gradually would be made a part of the LRPC. Presentlv the Committee is not _working at an optimum level, Mr. Williams pointed out. He said that the group considers "what the school should be like 1 0 to 15 years from now." The group is currently composed entirely of volunteers, but he suggested that the "function is important enough that it should be handled by someone who can give it full-time consideration." Anyone who has a suggestion or proposal for the committee to consider, or who would like to join the committee, may do so by contacting Mr. Williams or any of the other LRPC members. The Committee's membership includes Professors Leslie W. Abramson, Albert T. Quick, Robert L. Stenger, and Martin L. Levy. Student members are Dennis Williams, Ann Payne, Pat Owen, Jim Stevens, Juanita Christian, Joe Neary, Bryan LeSieur, Freda Morris, Randy Gibson, Robert Lee, Greg Burton, Tom Volk, Jan Buker, Bill Shouse and Joan Henderson. sexual contract between the unmarried persons that there be no birth as a result of the sexual union. "However, sexual contracts between unmarrieds are void by law because the relationship is meritricious," Mr. Levy explained so this will not stand. Mr. Levy's immediate plans are to publish an article on homosexuality decisions of the Supreme Court which recently have held that states may make homosexuality a crime. This will be studied in light of Eisenstadt v. Baird and · Stanley v. Georgia~ which are "right of privacy" cases. - - --- -- -- - --~ - ~ Mr. · Levy expressed a desire to continue teaching Family Law and Juvenile Law at the Law School but admitted that, "Like every good lawyer, I dream of having my one big ACLU case before the Supreme Court." 6 Louisville Law Examiner, October 19, 1976 Nuclear Power Series Protecting Against Radioactive Pollution (Continued from page 2) Generally, the BWR liquid effluent consists of fission products and activated corrosion products. These concentrations, in decreasing order are Tritium, Cobalt-58, Strontium-89, Strontium-90, Iodine-131, Cesium-134, and Sodium-140. The total activity prior to dilution may typically be 2 x IQ-3 microcuries per milliliter. Exposure from this level after dilution would not be measurable. Constituents of the PWR liquid effluents are similar to those of the BWR.1 •5 Other potenti¥ radionuclides in the effluents are Carbon-14, Chromium-51, Phosphorus-32, Manganese-54, Iron-55, Nickel-63, and Zirconium-95.6,7 The release rates of the corrosion and fission products may be somewhat less for PWR; however, tritium release rates may be as high as 100 times greater from PWR's than from BWR's.8 The presence of specific nuclides in the effluents is not only determined by the reactor type, but also by the particular waste treatment system utilized at the plant. Four basic treatments exist for radioactivity reduction :1•5 (I) Delay - By allowing additional retention time, radionuclides with short half-lives will decay as they move through the system. This will not, however, significantly reduce the levels of long-lived nuclides. (2) Filtration -This allows for the removal of particles in the liquid. It is also used in conjunction with other treatment methods as a pre- or post-treatment process. (3) Evaporation -This process allows for the separation of water for non-volatile dissolved and insoluble radioactive wastes. It provides a method for concentration and volume reduction for materials other than substances that will evaporate. ( 4) Demineralization -Acting as "magnets" to capture particular constituents, this method employs the use of ion-exchange columns. Pre-treatment of liquids using filtration reduces the percent of dissolved and suspended solids, thus increasing the efficiency and life-term of the resins. Amendments to 10 CFR 50 in 1970 provided guidance in applying the "as low as is reasonably achievable" standard by requiring the inclusion of waste treatment handling techniques and equipment in the design of LWR (10 CFR 50.43a). It also specified that operating procedures developed for effluent control must be established and followed and that equipment installed in the radioactive waste treatment system must be maintained and used during operation. Another procedure utilized in the handling of liquid wastes for discharge preparation is that of dilution. In the strictest sense it is not a treatment process since it does not reduce total radioactivity. However, it does perform a primary function of decreasing the relative concentration of the activity. Low-level effluents are held and diluted, and then tested to assure permissible radioactivity concentration levels prior to discharge. Levels of radioactivity in the water discharge can be reduced by preliminary treatment methods, temporary delay periods and dilution prior to discharge. The "as low as is reasonably achievable" philosophy governs the release of liquid from reactors to ensure that exposure to a person in an unrestricted area is far less than that of a normal chest x-ray over a period of a full year.9 The radioactivity level of a typical nuclear power plant's waste discharge (gas and liquid combined) is approximately 1-10 picocuries per liter. Tests that characterize specific contaminants are not routinely performed for environmental surveillance. After initial identifi~ation of possible constituents, total radioactivity release levels are determined. This is compared to the maximum permissible concentration for any mixture of fission and corrosion products. Providing an additional conservative factor, the standard used is determined by assuming all nuclides have the highest concentration limit. In addition to this, concentrations actually discharged are generally much lower than the conservative allowable limits. Usually, this is only one per cent of the standard.l 0 Release rates of ttitium are greater than those for other nuclides. However, they are still just small fractions of the applicable limits and .... only a small percentage of the tritium normally present as background radiation.1 In fact, the concentration of tritium in water discharged at present levels do not even approach one per cent of levels considered acceptable for continuous human use.11 Factors other than levels of radioactivity must also be considered in determining potential biological hazards from liquid effluents. Formulation of standards are based Prof. Charles Whitebread of the University of Virginia recently visited the Law School as a featured speaker of the Louisville Law Forum's Evelyn Crady Adams Visiting Lecture Series. In an evening address attended by over_lOO law students, Mr. Whitebread highlighted the fmdings of his eight year research project in which he investigated drug laws and the history of the use of marijuana in the United States. Mr. Whitebread is author of a book entitled, The Marijuana O:mnection. In addition to his evening speech, Mr. Whitebread conducted several seminars in which an estimated 100 students participated. on several parameters relative to radionuclide toxicity, such as half-life, biological concentration potential, physical properties, etc. In the case of tritium, its rapid dilution and low energy make it less biologically hazardous than many other nuclides in spite of its longer half-life. The potential for reconcentration is minimal; it is not retained in preference to other hydrogen atoms. Therefore, concentration in tissues is not likely to be greater than the surrounding water. Thus, the risk of exposure from tritium in the environment is relatively minirnal.l 1 However, releases of some nuclides are potentially hazardous. The release of a radionuclide with a long half-life, high biological reconcentration factor and considerable human toxicity would pose a potential threat to public safety if released at levels grossly exceeding applicable standards for that material. Continued research in these areas is necessary to fully comprehend the potential risks and to eliminate unnecessary conservatism in determining adequate limitations. Quantities of reactor liquid coolants are so large that the quantities of radioactivity released results in very small concentrations compared to regulation limits. Generally, the quantities of activity released are too small to result in exposures to the public that are even measurable. Radioactive liquid effluents of nuclear power reactors are insignificant. 8 Actual exposure to humans is lower than standards set by the International Commission on Radiological Protection by several orders of magnitude. Such exposures are believed to be minimal and insignificant as compared to natural background radiation. It is probable that the exposures from liquid effluents could be increased many fold without exposing surrounding populations to even one per cent of the permissible dose. Conclusive statements from numerous sources indicate favorable attitudes toward the handling of radioactive liquid wastes and the success of reactor operations in minimizing releases of the activity to the "as low as is reasonably achievable" levels. Note also that accidental releases of large quantities of radioactive materials are highly improbable. No adverse environmental effects have been attributable to nuclear power plant operations. The minimal hazards from liquid effluents are based on the miniscual quantities and short half-lives of most of the materials, as well as treatments, dilution, and conservative release limits. Releases are below the levels of significant environmental or human health effects. Reactor design criteria for containment and operating procedures limit the probability of accidental releases. It is also notable to mention that the release rates of fission and corrosion products from both types of reactors declined over the period from 1967-1972, as did release rates of tritium. 8 Present and future research in reactor design 'and operating criteria should continue to provide additional improvements and safeguards. Radioactive liquid effluents will, however, require continued close monitoring to assure the performance characteristics as good as they have been to date. BIBUOGRAPHY 1. IAEA-SM-146/55, "Review of U.S. Power Reactor Operating Experience," Presented at the International Atomic Energy Agency Symposium on Environmental Aspects of Nuclear Power Stations, August 14, 1970, United Nations Headquarters, New York, New York. 2. "Techniques for Monitoring External Environmental Radiation Around Nuclear· Facilities," Harold L. Beck, U.S. Energy Research and Development Administration, Health and Safety Laboratory, Presented at 8th Annual Conference on Nuclear Safety Research, Tokyo, Japan, May 12-13, 1975. 3. IAEA-SM-146/8, "U.S. Regulations for the Control of Releases of Radioactivity to the Environment in Effluents from Nuclear Facilities," Lester Rogers and Carl C. Gamertsfelder, Division of Radiation Protection Standards, U.S. Atomic Energy Commission. 4. "Reactor Effluents: As Low As Practicable Or As Low As Reasonable?," Andrew P. Hull, November 1972. 5. "Nuclear Power and the Environment," International Atomic Energy Agency, Vienna, 1973. 6. Safety Series No. 10, "Disposal of Radioactive Wastes Into Fresh Water," Internal Atomic Energy Agency, Vienna, 1963. 7. "Impacts of Nuclear Releases Into the Aquatic Environment," Proceedings of a Symposium, Otaniemi, June 30-July 4, 1975, International Atomic Energy Agency, Vienna, 1975. 8. "Comparing Effluent Releases From Nuclear and Fossil-Fueled Power Plants, Andrew P. Hull, Aprill974. . 9. "Nuclear Power and the Environment: Questions and Answers," Published by the American Nuclear Society, 1976 Edition, Second Printing, June 1976. 10. "The Public and Radiation From Nuclear Power Plants," Dr. Victor Bond, Brookhaven National Laboratory, APril 1970. 11. "Environmental Impact of Tritium Release." I:Oiiisville Law Examiner, October 19, 1976' 7 0 # •••• ••••• • -. • • • .. ... - • • - - -.... ~ Deans Discuss Faculty Recruitment Plans (Continued from page 4) and asserts that there is no malaise on the Law School faculty. The problem for the last three years was one of instability and lack of leadership due to the absence of a permanent dean, he explained. Although there have been significant changes in salaries. in the past four years, and because of a Council on Public Higher Education (CPHE) policy, salaries are now on parity with the U. K. Law School, Mr. Smith said that U. K. has not been making a good effort to keep its salaries in line with comparable schools in recent years. The Law School's salaries are expected to be at approximately the national median this year and slightly above the median regionally. But, as a school with a goal of improving the quality of its programs and obtaining greater regional recognition, Mr. Smith said that the Law School needs to be in the top third. While acknowledging the importance of maintaining competitive faculty salaries, Dean Wren noted that lawyers do not generally become law professors for fmancial reasons. onetheless, he said that the Law School is striving to improve the financial situation of the faculty through the budgeting process and outside sources. Both the Law School administration and the central University administration ha e discretion o alter salaries within the limi of he budget. Dean Wren said that · I conhnue o rationalize the faculty ries according to experience, ability, and seniority in order to correct an inequity which developed a few years ago ·e for ne faculty wereraised to attract higher quality professors without a commensurate increase in the salaries of existing faculty. Dean Wren explained that in this rationalizing process no salaries are being cut. Instead, future salary increases will be made solely on the basis of merit . The Dean also hopes to add another faculty secretary next year with an eventual goal of one faculty secretary for every four professors. He indicated that this ratio is in accord with the American Bar Association (ABA) and the Association of American Law Schools (AALS) standards of "adequate secretarial services." The faculty recruitment committee will employ a variety of methods to find the best prospects for faculty additions. In December the committee will attend a nationally oriented convention in Chicago organized by the ABA in which law school representatives can meet with prospective professors. The committee, which includes Dean Wren, the assistant deans, and a faculty panel, will invite a selectee to the Law School to meet the entire faculty if it is contemplated that an offer will be made. New faculty is also solicited by word of mouth, personal contacts, and direct application to the Law School, within the requirements of Affirmative Action. Ultimate approval must come from the Board of Trustees through the central administration. Dean Wren indicated that the best choice of additional faculty has to be related to obtaining the objectives of the Law School. While he noted that it is important to develop a sound theoretical basis in the law among students, he plans to introduce more skilled training in the curriculum through clinical programs, simulated trial work and problem work. The Dean hopes to have "one truly clinical law professor" on the faculty, and wants to acquire more faculty members who relate courses to the day to day practice of law. Dean Wren said that additional funds for faculty salaries may come from the Council on Legal Education for Professional Responsibility, Inc. The Dean explained that the Law School may be in line for a two year non-recurring grant from the foundation which is a spin off from the Ford foundation and provides funds to law schools to enable them to improve their programs by making them more relevant to community needs and giving students greater contact with the reality of legal practice. The Dean is also discussing with the Alumni Development Office the possibility of establishing an endowed chair at the Law School. The Law For Members Of Alumni Foundation is also considering giving funds for the project. But the problem with an endowed chair, said Dean Wren, is that it takes so much money. He explained that usually a chair is funded by a single donor, who lends his name to the chair; Presently the Bernard Flexner chair is the only endowed chair at the Law School. It is currently held by former Dean Merritt. · UNIVERSITY OF LOUISVILLE LAW SCHOOL ALUMNI And Their Immediate Families 7 nights in Lima, Peru at the Mira flares Cesar's Hotel carnival Live An Enthralling Week In The Modern Capital Of An Ancient Civilization! Come to the land of the Incas ... a country with some of the world's most spectacular ruins. Come to Lima ... the City of Kings . .. a thriving metropolis built upon a centuries-old Spanish tradition . Th~ is your chance to spend a different kind of vacation in a place that few other destinations can match. Swtm the Pacific. Sun on golden beaches. Travel as far up in the sky as 12,000 feet. The list is endless. There's a vast amount to see and do and all of it is unforgettable. Here's What's Included! • Round trip jet flights with food and beverages served aloft • Transfers by deluxe motorcoach • Luggage handling (tips included} • Deluxe accommodations • Informative briefings • Host escort • Hotel and airport taxes • Optional dining plan available • Pre-registration • NO REGIMENTATION (Your time is your own!} Meal Option $60: Includes 5 Continental breakfasts and 4 full course , Dine-Around dinners at your choice of some of Lima's finest restaurants DEPARTING ON DEC. 29, 1976 FROM LOUISVILLE AND RETURNING ON JAN. 6, 1977 $399 per person doub1e occupancy plus 15% tax and servtces University of Louisville Law Alumni M. C. Meuter, Travel Chairman 5330 South 3rd Street Suite 106 Louisville, KY 40214 Enclosed please find $ ___ as deposit 0 as payment in full 0 (502) 361-2466 0 Meal Option-$60 per person for ___ number of person(s) Make check or money order payable to : PERUVIAN CARNIVAL $399 per person double occupancy plus 15% tax and services. $100 mmtmum deposit per person required . Final payment due 35 days · pnor to departure. Please print. and if more than one couple. attach a separate list with complete information as below. FULLNAME(S) ________________________________________________________________________ _ STREET _______________________________________________ ~ PHONE ( ) ----------------- CAB regulatrons requtre that your phone number be grven CITY _________________________________________ STATE _______________ ZIP ________________ __ DEPARTURE POINT ___LO__U_IS_V_IL_L_E_ ____ DEC. 29, 1976 ~-----------DEPARTUREDATE __________________________ __ 0 Name of person shanng wrth If remtttmg separately ___ __ State closest maJOr atrport for stattsttcal purposes only ------- Return thtS reservatton tmmedtately to tnsure space Reserva· !tons lrmtted Rates are based on double occupancy There ts no stngle . tnple or chtld rate AITS reserves the nght whenever neces· sary to substttute comparable hotel accommodattons and atrcraft equtpment n [ r r r r r r,, .. r r r r r ( ,,. r ,r r r r ( r r r r I" ~ r r r I ( I r r r r r r' r (' ~ ( ( r r r r r r r r r r ,r ( ; , , ~ ( 8 Louisville Law Examiner, Octo'Jer 19, 1976 ALI-ABA New England Antitrust Conference (Philadelphia) The Tenth New\ England Antitrust Conference has been scheduled for Nov. 19-20, 1976, at the Sheraton-Boston Hotel in Boston. The course is cosponsored by Massachusetts Continuing Legal Education - New England Law Institute, Inc., the Antitrust Committee of the Boston Bar Association, and the American Law Institute-American Bar Association Committee on Continuing Professional Education. Representing corporate clients in the prosecution of government and private antitrust suits will be the focus of the conference, designed to be of interest not only to those involved in the preparation for and the trial of the "big case," but also to those engaged in antitrust counseling, which has as its primary goal the avoidance of antitrust litigation. Main topics of discussion will be avoidance of antitrust litigation; meeting the demands of corporate clients if and when litigation begins; anticipation of and dealing with the stratagems of defense counsel discussed during a previous lecture; and an analysis of proposed antitrust legislation to be considered by the new Congress. In addition to these topics, each registrant may attend one of three workshops during the first afternoon. The three areas of discussion will be private antitrust litigation; government investigations and settling government cases; and distributing, franchising, and licensing, the perennial sources of litigation. UCC Seminar (Philadelphia) - An in-depth analysis of the Uniform Commercial Code and applicable case law will be the focus of a Course of Study entitled Bank Defense of Negotiable Instrument Cases. Sponsored by the American Law Institute-American Bar Association Committee on Continuing Professional Education (ALI-ABA), the program will be held at the Fairmont Hotel in New Orleans, On Nov. 18-20, 1976. The entire program is planned for the lawyer who must negotiate a claim for the bank and try the law suit. The speakers and panelists will draw on extensive litigation experience in the field to recommend strategies and tactics in the application of the law to the handling of claims and the conduct of a trial. Among the topics which will be considered are: forged checks, forged indorsements, imposter and fictitious payee rules, forgery and government Examiner Staff Needed The Louisville Law Examiner is a student organization that is open to all students of the Law School Cu"ently, there are several staff positions available incb.tdin_g editorships. While experience is desired, it is not necessary.J]ze cu"ent.. editors and staff will provide the guidance and training on an individual basis. All interested students are encouraged to attend the regular meetings in the Examiner office in the Annex on Tuesdays at 12:15 or see any editor or staff member for information. Oct. 20: Oct. 21: Oct. 21: Oct. 25: Oct. 25: Oct. 29-30: Oct. 30: Nov.1: Nov.2: Nov. 4-5: Nov. 5-6: Nov.8: Nov. 12-13: Nov.15: Nov.18: ' Nov.-25: Dec. 9-11: Dec. 29- Jan. 5: CALENDAR OF EVENTS Brandeis Lecture Series, Gen. Russell E. Dougherty, Middleton Auditorium, Strikler Hall, Belknap Campus, 8:15p.m. Lunchtime Speaker Series, Congressman Ramano Mazzoli, Allen Courtroom, Main Law School Bldg., Belknap Campus 12:05 p.m. Career Night Law School, 6:50-8:00 p.m. Veteian's Day Bread and Butter Luncheon, "The Drafting of Wills and Trust Instruments," Rodeway Inn, 12-1:30 p.m. Practical Skills Seminar,. "Domestic Relations Problems," Middleton Auditorium, Strikler Hall, Belknap Campus, 1 p.m. Law Alumni Homecoming Luncheon, Masterson's, 11:30 a.m.-1 :00 p.m. Bread and Butter Luncheon, "1976 Legislative Changes in Garnishment, Attachment, and Exemptions," Rodeway Inn, 12-1:30 p.m. Election Day Evelyn Crady Adams Visiting Lecture Series, Dean Donald E. Shapiro, ADen Courtroom, Main Law School Bldg., Belknap Campus, 8:30 p.m. Practical Skills Seminar, "Will Drafting and Probate," KenLake State Park. Bread and Butter Luncheon, "New Circuit Court Procedures," Rodeway Inn, 12-1:30p.m. Practical Skills Seminar, "Will Drafting and Probate," Barren River State Park. Bread and Butter Luncheon, "Suggestions to Lawyers from the United States Magistrate," Rodeway Inn, 12-1:30 p.m. Brandeis Lecture Series, Atty. Leonard Boudin, (time and place to be announced) Thanksgiving Day Annual Kentucky Tax Institute, Galt House. Law School Alumni "Peruvian Carnival" Tour. drafts, altered instruments, stopping payment, wrongful dishonor, late return of items and the kite, lost cashier's checks, time certificates of deposit, duty of depositary bank in cashing checks and accepting deposits, check of principal given by agent for agent's benefit, and compensated surety defense. For further information or to register for the course, please contact the Registrar, ALI-ABA, 4025 Chestnut Street, Philadelphia, Pa. 191 04; or telephone (215) 387-3000. Cong. Ramano Mazzoli (right) will address the student body on Oct. 21. · News-In-Brief Alumni Homecoming Planned The Annual U of L Law Alumni Homecoming Seminar will be conducted on Oct. 29-30. This year's topic is Domestic Relations. The Semihar will be held at Middleton Auditorium in Strikler Hall at U of L's Belknap Campus. Friday's program begins at 1:30 p.m. and ends at 5:30 p.m. Topics to be discussed Friday include: interviewing and counseling the client, fee arrangements, ethical considerations; motion and rule practice; assignment of non-marital property and division of marital property. Saturday's program begins at 8:45 p.m. and concludes at 11:30 a.m. Topics to be discussed on Saturday include: child custody matters; the non-resident spouse; maintenance for wife and support for child; tax aspects. Following Saturday's program will be a luncheon from 11:30 a.m. to 1:00 p.m. at Masterson's Restaurant, 1830 S. Third Street. After the luncheon, everyone is invited to attend the U of L versus Tulsa football game at 1:30 p.m. at the Fairgrounds Stadium. The Registration fee for the Seminar is $20.00 and includes a handbook and one luncheon (additional luncheon tickets are $3.25). Interested parties should contact Mrs. Maria Meuter at the U of L Law School. Phone: (502)588.Q360. Rape Awareness Susan Brownmiller, author of the best-selling and critically acclaimed book, Against Our Will: Men, Women and Rape, will speak on the same topic at U of L on Oct. 25. The lecture will be delivered at 8 p.m. in Middleton Theatre in Belknap Campus' Strickler Hall. Her book, which was published in 1975, has been called by reviewers "a landmark work in the literature of awareness," "one of the most significant books to emerge in this decade" and "the most comprehensive and intelligent study of rape ever undertaken." Speaker Wanted Law students are needed by the Jefferson County School System to speak in high school classes as part of a social studies program entitled, "The Youth and the Law." Some of the topics the School System wants law students to discuss are as follows: student rights, consumer law, equal employment opportunities, juvenile delinquents and due process of law and the Equal Rights Amendment. Students interested in being guest speakers for this program should contact the Local Government Law Center. Phone: 588-6508. 11Jnuisuillt maw &mnintr Louisville Law Examiner School of law University of Louisville Louisville, Kentucky 40208 |
Subject |
University of Louisville. School of law University of Louisville--Students University of Louisville--Alumni and alumnae University of Louisville--Faculty University of Louisville--Employees Law students Law & legal affairs Law and legislation--Kentucky Law and legislation--United States Law libraries Legal education Libraries |
Location Depicted |
Louisville (Ky.) Jefferson County (Ky.) |
Date Original | 1976-10-19 |
Object Type | Newspapers |
Source | Various-sized print newspapers published by students of the University of Louisville School of Law. The print edition may be found in the University of Louisville Law Library or the University of Louisville Archives and Records Center. |
Collection | Law Library Collection |
Collection Website | http://digital.library.louisville.edu/cdm/landingpage/collection/law |
Digital Publisher | Law Library of the Louis D. Brandeis School of Law, University of Louisville |
Format | application/pdf |
Ordering Information | The publications digitized in this collection are the property of the University of Louisville School of Law and are not to be republished for commercial profit. To inquire about reproductions, permissions, or for additional information, email lawlibrary@louisville.edu. |
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