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.
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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
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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.
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Louisville Law Examiner
School of law
University of Louisville
Louisville, Kentucky 40208