John M. Harlan Louis D. Brandeis 
Louisville Law Examiner  Serving The University of Louisville Law School Community
 
Volume 2 Number 4 Louisvllle, Kentucky, November 9, 1976 
United We Stand?
Court Merger -Debated
by Don Pearcy and
Sara Scott Moore
On Monday, Oct. 11, 1976 at 10 a.m.,
a hearing was held in the Kentucky
Supreme Court at Frankfort to decide
one of the most .controversial issues to
· ever come before the Louisville Bar
Association (LBA). A decision was hoped
for and exp.ected by the following Friday
but to date, no ruling has been made.
The issue debated was the proposed
combining of the 16 Jefferson Circuit
Courts into a "unified" court system as
suggested by the Judicial Article which
was voted upon by the people of the
Commonwealth and passed in 1975.
The controversy centers around the
repeal of Section 137 of the Kentucky
Constitution which was enacted in 1891
and specifically authorized any county
with a population of at least 150,000
people to divide its Circuit Court into a
Criminal Division and any other branches
deemed necessary to facilitate
expeditious handling of its caseload.
According to LBA President Rick
Remmers, who is a spokesman for the
unification, section 137 especially
established the Criminal Division. The
other branches would have to be
established by statute or local rule of the
court. These other branches could be
formed as needed which brought about
the divisions of Chancery and Common
Pleas. The Legislature then authorized
new judges for these courts which today
include three Criminal, six Chancery and
seven Common Pleas judgeships.
Mr. Remmers' position is that the
repeal of section 137 by adoption of the
Judicial Article (which repealed sections
109-139, 141 and 143) automatically
invalidated the existence of the Jefferson
Circuit Court's branch system and
established a "truly unified Circuit Court
throughout the Commonwealth."
Judge Charles Leibson of the Third
Division Common Pleas, and a spokesman
against the unification, catagorically
denies this rationale. He agreed that
section 137 has been repealed but said
that the Jefferson Circuit Court is
specifically established by KRS 24.180 so
the repeal of the constitutional provision
did not disturb the branch system within
Jefferson County.
Judge Leibson said that the statute is
in no way related to the constitution. "A
constitutional section was repealed, not a
statute," he explained.
According to Judge Leibson, the only
thing required is that the statute not
conflict with a constitutional provision.
" Nothing in the constitution says that
every circuit court must hear the same
types of cases," he said. "Nor is there
anything which says that a court system
the size of Jefferson should not be
divided into 16 courts."
The main issue suggested by Judge
Leibson is "what will best serve Jefferson
County?" He indicated that it is merely a
question of policy, nothing more.
Regarding the current Supreme Court
battle, Mr. Remmers elaborated that
initially the Supreme Court Chief Justice .
wished to do a way with the branches to
help equalize ·the caseloads. It was felt ·
that the Chancery was working too much
while the Common Pleas cases were
diminishing.
In June, 1976, an order was issued by
the Supreme Court which authorized
Jefferson Circuit Court Chief Judge Mike
MacDonald, to assign all cases as he saw
Circu1ation 3500
Photograph by ClwiltoP'* RW..
fit to equalize the workload and to
provide for prompt disposition of all
cases. Mr. Remmers said that Judge
MacDonald was given lee-way to work
out his own system.
Mr. Remmers conceded that the
majority of the Jefferson Circuit judges
(Continued on page 6)
Profits Out, Bail Bondsmen Bedeviled
by Ch-.ick Randall
When the controversial legislation
prohibiting commercial bail bonding and
imposing criminal sanctions on the
issuance of bail bonds for profit was
passed last February, Kentucky
bondsmen vowed to test the· new statute
in Court. Don Rigazio of A .. A. Bonding
maintained that the legislation was no
more than a personal vendetta by
Governor Carroll against Jimmy Johnson
of Johnson Bonding Co. in Paducah. But
after an initial victory in the Jefferson
· County Circuit Court, the Kentucky
Supreme Court upheld the
constitutionality of the statute and
denied a stay of enforcement pending
appeal to the U.S. Supreme Court.
Consequently, no commercial bail bonds
have been issued since July.
Many local. bonding co~panies already
have had their phones disconnected.
Others are effectively out of business, but
must still produce defendants to protect­their
outstanding liabilities. There have
been no indictments of bondsmen related
to issuance of bail bonds for profit since
the statute took effect.
Johnson Bonding Co. has gone along
with the new law 100 percent, according
to Leroy Hayden, company vice
president. "We don't solicit, but we still
get calls," he said, "and we flatly refuse
to issue new bonds." But the company is
still sending agents into court daily ·to
0
ensure the presence of defendants. The
fact that no money is coming in any
longer doesn't make for a very good
situation, according to Mr. Hayden.
"As vindictive as this nut of a governor
we have is, h e's making us keep in
business until all liabilities are
extinguished," complained Mr. Rigaiio
who has some bonds that will not mature ·
until next November.
Claude Benboe, another local
bondsman, said that he has $200,000 in
liabilities to protect. He explained that he
still has to maintain a place of business,
pay rent and pay the telephone bill, but
has had no money corning in since July.
Mr. Rigazio decided to get out ofthe
legal battle after the Kentucky Supreme
Court handed down its decision. ''The
Governor will make it so rough foi: us
that it won't be worth pursuing," he said.
But other bondsmen are determined to
continue challenging the legislation.
Johnson Bonding Co. and Claude
Benboe have recently retained Atty.
Samuel Manly to pursue the matter. "We
will continue to flgh.t this in court," Mr.
Hayden maintained, "and we have no
intention of forgetting it."
(Continued on pap 8)
On the Inside
Brandeis Brief ••••••••••• : • ••••••• p. 2
Calendar of Events ••••••••••••••••• p. 2
' Leib10n Publishes ••••••••••••••••• p. 3
Quick Publishes •••••••••••••••••• .p. 3
Readmiuions Policy ••••••••••••••• p. 4
Freshman Profile .••••••••••••••••• p. 4
Justice Sternberg ••••••••••••.••••. p. S
Lawyers' Market .••••••.•••••••.•• p. S
Moot Court ••••••••••••.••.•••••• p. 6
Forum's Speaker •••.••••••••.••••• p. 7
ALI-ABA ••••••••••••••••••••••• ,p. 8
Brandeis Brief
On page two, Stephen A. Hubbs discusses
dangers of nuclear waste water.
' .
2 Louisville Law Examiner, November 9, 1976
1!inUt!lume 1/jaw t~aminer Brandeis Brief
D[J [J [J. . . . . .
. . . . . .
EJrJDD
DONALD W. PEARCY
Editor-in-Chief
·RUSSELL L. CRUSOTI'
Ma11ilging_Editor LEE J. CALARIE
Business Manager
CHARLES T. RANDALL
As110ciate Editor
Joseph Castleli
Brandeis Brief Editor
Sara Scott Moore
City Editor
Christophez Rivezs
Photography Editor
K:imneth Golliher
News Editor Staff
Valerie Salven
Articles Editor
Ed Mann
Alan Paraons
Julie Williams
'lUdp MARUN ·M •. VOLZ Advisory Board Prof. LESUE W. ABRAMSON
Editnrial
Accelerated Depreciation
Think back to August. · The law
School opened its year with the usual
bright shiney faces of the freshman class
wandering through the old hallowed halls.
However, the hallowed halls didn't look
. so old and battered. The iacelift that had
lasted more than a year was complete.
The halls were bright, the walls were
clean, everything looked new. Somehow
it made things seem brighter and livelier.
That was in August. Today, after only
three months of shuffling students and
furniture through the renovated halls, the
walls have become scuffed, the doorways
chipped, the door knobs falling off, and
worst, that feeling of brightness has
faded.
Graffiti on walls is as old as the
opposing__ thumb that allowed man to
grip a charcoal stick in his cave. Today
even the bathroom walls of the new wing
have succumbed to the primitive urges of
the school's cavemen.
The students and faculty were forced
to go a full . year without utilizing the
main building in order for the renovation
to be accomplished. We must ask
ourselves. if we can afford to give up the
building for that long again if we cannot
stay ah~ad of wear and tear as it occurs.
The:.· solution lies in two areas:
preventive and remedial. The first lies
with those who use the building; the
second lies with those who are charged
with maintaining the building.
The students must learn to use, not
abuse, the building. Many ofthe- walls are
beginning to look as if they have been
walked on as much as the floor. At least
the floor gets scrubbed every once in
awhile; the walls do not.
The students should act and encourage
others to act in such a manner that
reflects a professional school not a junior
high school.
While much of the destruction that
occurs is unnecessary, the fact is that
much of the damage remains unrepaired
and seemingly unnoticed for months. One
wonders if it will take another major
renovation before a wash bucket is seen
much less a can of paint! The
administration must exercise more
supervision, not only over the facilities
but those charged with maintaining the
building on a daily basis.
Deterioration is like any other fungus!
It starts small, grows quickly and is hard
to stop once it has gained a hold. The
time to do something is n,ow, before too
· much has to be 4one and all is given up
for lost.
i~l~~--~\,~· -------------·--------------------------~---------------, ;:Jl -:1"
'i?~;
Nov. h-13:
;.-.
. !!
Nov. 15:
Nov. 18:
Nov. 19:
Nov. 25:
Dec. 1, 2, 3:
Dec. 4-17:
Dec. 9-11:
Dec. 25:
•Dec. 29-Jan. 5:
. ,.:__ :: ..
CALENDAR OF EVENTS
Practical Sldlls Seminar, "Will Drafting and Ptobate," Barren River
State Park .
Bread and Butter Luncheon, Frank Burke: "Changes in Probate
Practice," Rodeway lnn, 12-1 :30 p.m.
Brandeis Lecture Series, Leonard Boudin, renowned civil
libertarian attorney, Allen Court Room, Belknap Campus, 8:30
p.m.
Student Bar Association Smoker, Masterson's Restaurant, 4-7 p.m .
- , Thanksgiving Day
Reading Days
Examination Period
Annual Kentucky Tax lnstitite, Galt House.
Christmas Day
Law Sell6ol Alumni 'j>eruvian carnival" Tour.
Nuclear Power Series
Look Before You Leap
Waste Needs Study
Stephen A. Hubbs received his MA. b
Engineering from the Speed Scientific
School at U of Lin 1974 after which lu.
'NOrked in Water Quality ControL
From 1974 to 1975, Mr. Hubb~
-worked with Ten Ech Consulting
Engineering, a Louisville based firm. He
has lWJrked with the Louisville Water
Company since August, 1975.
Mr. Hubbs has done extensive study
and research in his field and has published
an article entitled "Sludge Disposal" in
the in the American Waterworks JournaL
by Stephen Hubbs
All currently operating nucleat power plants unavoidably discharge radioactive
elements into the environment. The nature of this discharge is greatly dependent on
thi design, construction, and routine operation of the particular plant under
consideration.
Nuclear power stations currently operating in the United States fall in the generic
category of thermal reactors; specifically, Pressurized Water Reactors {PWR's) and
Boiling Water Reactors (BWR's). Nuclear reactors comprising a second generic
category, the Breeder Reactors, are currently being investigated under experimental
conditions. Although small "Breeder's" have· been built, the successful operation of a
safe, efficient, full scale plant has not been accomplished in the United States.
All nuclear power stations operate similarly to coal-ftred power stations. The major
differences are the heat source used to generate steam and the problems associated
with nuclear contamination of the environment.
Nuclear reactors utilize a strategically arranged matrix of fuel rod "bundles"
containing enriched uranium to generate heat. Heat is evolved from the "splitting" of
large uranium atoms into smaller "fission product" atoms. The fission products
likewise split into smaller "fission product,. atoms. The ftssion products likewise split
into smaller atoms until a stable atom is formed. The time required for certain fission
products to stabilize is in the order of 100,000 years {plutonium). Fission products are
the major concern in environmental discharges from nuclear power plants.
Fission products can become incorporated into the liquid discharge of a nuclear
power plant in several ways. Small, pinhole defects in the cladding surrounding the
fuel rods can leak fission products into the reactor coolant. Even if no pinhole leaks
are found in the fuel rods, neutrons penetrating the cladding can activate corrosion
products and other chemicals in the reactor coolant.
The heat removed from the fuel rods via the coolant (usually water) either directly
or indirectly produces steam to power the electric generators. In order to avoid the
buildup of corrosion products and other unwanted chemicals in the coolant, a certain
percentage of the coolant is replaced regularly with pure coolant. lbis process, termed
blowdown, accounts for a large portion of radioactivity that eventually is discharged
into the environment.
The volume of water resulting in the blowdown depends on the buildup of
unwanted chemicals in the coolant, which is often a function of the quality control
utilized in the construction of the reactor and the fabrication of the fuel rods.
The Radwaste System
The blowdown from the reactor and all other radioactive liquids are channeled to
the Radwaste System where they are treated to reniove radioactivity. If properly
operated, the Radwaste System can reduce the radioactivity from most chemicals to a
fraction of their original value. Certain elements (tritium) however, do not lend
themselves to treatment. Tritium accounts for most of the radioactivity discharged
from a properly operating nuclear power plant.
The Radwaste discharge is diluted with low-radioactivity blowdown water from the
cooling towers. Radwaste discharges can be continuous, cyclic, or irregular. Monitoring
programs devised to access the radioactivity in receiving streams should thus be keyed
to the discharge of the Radwaste system if such programs are to give' accurate
information on discharged radioactivity.
Health Effects of Radioactive Discharges
Once radioactive elements are discharged into the environment it is important to
· trace the path of specific elements to eventual receptors. This pathway is determined
by physical properties of the receiving stream and by biological food chains in the
stream ecosystem. In a stream, water current carries the elements downstream while
ftsh, algae, bacteria, and other organisms take elements into their systems and
concentrate them in tissues, organs, and bones. This process of bioaccumulation is a
natural process in organism development.
(Continued on page 7)
Louisville Law Examiner, November 9, 1976
JFL Article
Leibson Examines
Emotional Distress
by Alan Parsons
Frequently courts have resorted to
arbitrary tests in the determination of
tort liability, more in the interests of
efficiency and expediency, than in the
balancing of the scales of justice. In an
article to be published in the December
issue of the Law School's Journal of
Family Law, Assoc. Prof. David J.
Leibson attacks one of these aribitrary
tests. The article, entitled "Recovery for
Damages for Emotional Distress Caused
by Physical Injury to Another," attempts
to establish an alternative test that more
accurately reflects general tort principles.
Mr. Leibson sets out a hypothetical
situation wherein a defendant's negligent
act results in the death of three children.
The mother of the first ch.ild was a
witness to the accident and within the
zone of danger, The mother of the second
child also witnessed the accident but was
outside the zone of danger, while the
third child's mother learned of the
accident only after its occurrence.
The question becomes whether a duty
is owed to any of these mothers and
whether their · mental distress can be
differentiated in terms of allowing one to
recover and not the others. Mr. Leibson
contends that a duty should extend to
each of the mothers and recovery should
be allowed to each. He enlists the aid of
advancements in medical science especially
in the field of psychiatry to support his .
contentions.
In highlighting the article, Mr. Leibson
stated that the gross unfairness of the
present tests rests on the fact that in an
overwhelming majority of jurisdictions, a
duty would extend only to the frrst
mother and in many of those instances
only if she had suffered "physical
impact." That each mother has suffered
severe emotional distress has always been
recognized by common sense, but only
recently has medical science been able to
document that this distress constitutes a
real and substantial injury.
A key point is that one would suffer
the injury regardless of whether or not
the accident had actually been witnessed.
Medically substantiated, it would seem
reasonable to expect that mental distress
would follow from the serious injury or
death of a close relative and it remains for
the courts to impose a duty to refrain
from acts or omissions that would cause
such injuries.
This duty to refrain from causing
injury is a general tort principle and Mr.
Leibson sees no sound medical or legal
reason to deny its applicability to mental
distress cases. The proposed test would
create a duty to those persons having a
"significant" relationship with the
primary victim of the negligence act.
Although the significant relationship
would normally limit recovery to the
immediate family, Mr. Leibson indicated
that it could be extended in special
circumstances to others as, for example,,
fiancees. Even though proving significant
relationship and mental distress would be
difficult, this is no reason to deny
recovery where such proof is possible, he
explained.
Mr. Leibson's research indicates that in
jurisdictions where the tests are presently
being liberalized, the expected flood of
litigation and fraudulant or frivolous
claims has not materialized. The article
further asserts that criticism based on
such fears represent "policy
considerations" grounded on convenience
for the court system and blind to ·the
ends of justice; Mr. Leibson credits
California and Michigan in taking the lead
in modernizing the tests.
The area of mental distress has been
largely ignored in law journals for the
past several years. In bringing the state of
the law up-to-date, Mr. Leibson remarked
that his main hope was to provide
practical arguments or, at the very least,
encourage the development of viable
alternatives to the present archaic tests.
Through publishing this article in the
Journal of Family Law, Mr. Leibson
explained that he was directing discussion
to practicing attorneys who are in an
ideal position to help accelerate change.
Those who know the Law School
professor might ask, what a Commercial
Code and consumer oriented instructor is
doing in tort law. The answer lies in Mr.
Leibson's Harvard University LL.M. thesis
written on the subject at the request of
an attorney friend.
3
In obtaining medical suppOCt for the
article, Mr. Leibson interviewed
numerous medical specialists in the
Boston and Louisville areas including Dr.
Harry Kozol recently in the news for his
independent psychiatric evaluation of
Patty Hearst.
Mr. Leibson also gave credit to Ann
Oldfather who assisted him in bringing
the research up-to-date. A recent graduate
of the Law School, Ms. Oldfather now
practices with the firm of Wyatt, Grafton
and Sloss.
Mr. Leibson presently teaches the
Uniform Commercial Code (UCC) and
participates as a member of the
University Senate Committee on the
Allocation of Resources and is a member
of the Law School's curriculum
committee. He has authored two previous
articles appearing in the Uniform
Commercial Code Law Journal and the
Akron Law Review, both in the
Commercial Code area.
Quick studies Ky. Criminal Law Decisions
by Julie Williams
Asst. Prof. Albert T. Quick has
analyzed the 197 5-7 6 decisions of the
Kentucky Supreme Court in the area of
criminal procedure for the Kentucky Law
Journal's upcoming Winter edition.
Mr. Quick stated that his job, "Was to
analyze some of the implications of the
decisions. Basically I tried to determine
the direction in which the Court appears
to be moving and raised questions as to
what issues attorneys are most likely to
lose."
This edition of the Journal is written
basically for practitioners. It is intended
to be used as a reference to major trends
and notable decisions expounded upon
by the Court.
The Journal staff annually selects
authors for each of 12 different areas of
the law and pulls out the cases with issues
relating to their respective topics. Mr.
Quick received 58 cases from which he
selected five for major consideration.
"I went through and picked out three
basic areas. These include search and
seizure, harmless error, and the
evidentiary use of similar criminal acts
against the same victim," he explained.
Mr. Quick was particularly concerned
with the "plain view doctrine" and its
relationship to law enforcement. With
experience in training police candidates,
he is well aware of the obstacles officers.
face in the area of search and seizure.
Dissatisfied with the lack of
clarification on the part of the Kentucky
court Mr. Quick said, "I hope to spell out
their [police] participation in order to
have a guide to invoke the plainview
doctrine - spell it out so that we can say
. . ~ .. ·' . .. .
[to the officers] , 'now you know the
criteria and have no reason to encroach
upon Constitutional rights'."
Constitutional rights also played a part
in Mr. Quick's discussion of third party
consent. Citing cases on point, Mr. Quick
added, "since the recognition of a valid
consent can turn aside the protection of
the Fourth Amendment, the Court may
in the future want to assess relative
interests based on the concept of privacy.
It certainly is well-established that an
individual's right to privacy, upon which
he justifiably relies, is protected by the
Fourth Amendment."
However, Mr. Quick indicated· that the
Court only skirted the issues on the topic
of third party consent and suggested that
the Court look more to areas of privacy
and exclusive use.
The Court fared no better in its
dealings with judicial error. "The Court
did not go far and deep enough,"
according to Mr. Quick. "This case
(Taylor v. Commonwealth) brings into
focus the Court's analyzation as to the
.- --·- •• .__ • • -- • ....__., .. "., # ~ _,.. .,.,..,r
nature of the error and th~ appropriate
test to ascertain if the error was harmless.
As to the nature of the error, the Court
had the choice to classify it as simply a
violation of state procedure or law, or as
a violation of a right secured by the
federal Constitution," he emphasized.
"It seems that the Court should have
explore!f this question in light of certain
recent United 'States Supreme Court
decisions," h~ continued. "Here, the
question could have been framed in the
following terms: Did the restrictions
placed on counsel, fall within those that
are prohibited by the Sixth and
Fourteenth Amendments?"
Mr. Quick explained, "I was also quite
concerned with one decision that
establishes what appears to be a new rule
of evidence,. The . Kentucky appellate
court chose not to decide . . . but
· instead took this opportunity to point
the law in a new direction regarding the
evidentiary use of similar criminal acts."
Mr. Quick determined that "[I) f the state
seeks but one conviction out of a series of
similar criminal acts against the same
victim, all of the evidence of all the acts
midtt as well be treated as and called
substantive evidence."
It is Mr. Quick's contention that this
decision will generate controversy on
both a theoretical and practical level
Criticism aside, Mr. Quick indicated
that there was an overall basic
improvement in the application and
analyzation by the new Court. "Of course
I would always like to see the Court
report more facts and have a stronger
analyzation of those facts in relation to
applying ille law," he concluded.
..- .
~
I
.4 Louisville Law Examiner, November 9, 1976
Readmission Process Offers Second Chance
by Ken GolUher
The readmission policy of the
Law School can be found on page
25 of the Law School Bulletin. It
reads as follows:
No student dismissed from the Law
School shall ever be readmitted unless
a committee on readmissions, to be
appointed by the dean, shall fmd that
compelling reasons justify his
readmission. The committee shall
have the · power to set whatever
conditions it considers appropriate on
readmission.
When one reads this as a
potential first-year student, it
probably is not given much
thought. However, few students ,
make it through their first year
without considering the possibility
of disqualification or probation.
When this passage is re-read with a
genuine interest, it sounds rather
ominous.
Any student at the Law School
failing to achieve a grade point
average (GPA) of 2.0 on a 4.0 scale
for any semester, or who's overall
GP A falls below that mark, is
automatically placed on probation.
According to Prof. W. Scott
Thomson, chairman of the
Probation Committee, at one time
academic probation carried little
impact on the student invol~ed.
It was the Committee's
impression that the students
themselves thought probationary
status should carry more impact for
those involved. "Students did not
feel those on probation took it
seriously enough. . . the 'student
rumor mill' had begun to minimize
the seriousness of the matter," he
explained.
Now when a student's grades fall
below the 2.0 mark, he is promptly
informed by letter of his
probationary status and what
performance is required of him
First Year Stats
before he will be returned to good
standing with the Law School.
When probationary students
enroll for classes, their registration
cards must be signed by the
chairman of the Probation
Committee and the students then
receive a second letter telling them
their registration has ·been
approved. Also, students must
check with the Committee twice
during the semester to report their
progress. Mr. Thomson described
the added emphasis on
probationary status as the
Committee's desire". . . to
handle each case before it becomes
a trouble spot."
If a student on probation
receives less than a 2.0 in any
semester, he is dismissed from the
Law School as is any student who's
Fine Frosh Found
by Valerie Salven
A first-year law class, it seems, is looked
upon as being a fairly amorphous
collection of students until after the
results of first semester examinations are
in. Adah Lovesee, admissions director of
the Law School, said of first-year classes.
"They all come in looking about the
same" on paper. She characterized recent .
classes in "excellent," but otherwise
noted that "they haven't changed too
much over the past few years."
The first-year Law School class of
197 6-77 fits into this pattern of recent
years, but the background statistics of the
class show some differences as well as
similarities to previous classes.
The number of students enrolled in
the first-year class, day section, this year
was 143. There are 70 first-year students
in the evening section. The median Law
School Aptitude Test (LSAT) score for
the class was in the range of 580 to 585,
and the median Grade Point Average
(GPA) for previous undergraduate and
graduate-level work was 2.9.
Although only 10 'per cent of the
first-year class is made up of non-resident
students this year, as compared to 15 or
20 per cent out-of-state in pre us years,
'
a wide range of backgrounds are
represented and the class includes alumni
from 62 colleges and universities.
Ms. Lovese said that the average age is
slightly higher than in previous years, 24
for the day section and 28 for the evening
section. About one-third of the members
of the first-year day class are women -
45 out of the total enrollment of
143-and 16 women are enrolled in the
evening division class of 70 members.
History and political science were still
the two most heavily represented
undergraduate majors in the first-year
class, but Ms. Lovesee pointed out that
science and business majors are enrolling
in increasing numbers each year. "It is no
longer the case," Ms. Lovesee said, "that
a student needs to major in political
science or history to enter law
school. . . we look for a good, broad
background."
Asst. Prof. Robert Stenger, a member
of the Law School Admissions
Committee for the last two years, said
that it is difficult to evaluate a class until
after the students have taken their first
- set of examinations. He speculated that
the attitudes of recent law school classes,
however, reflect a trend in higher
education generally. "There is less
interest in public interest law . .. people
overall GPA falls below 1.4. Also, a
student who withdraws from school
while on probation is deemed
dismissed.
Students wishing to be
re-admitted after dismissal must
submit a petition to the Office of
Student Records and then appear
before the Readmissions
Committee for a personal interview.
According to Mr. Thomson,
generally about 15 to 20 students
seek readmission each semester,
most of whom are people who have
spent some time out of school since
their disqualification.
One student who had been
readmitted through this procedure
(a third-year student) was candid
about his experience. He described
the Committee as "Fair, .. they
know they're dealing with people,
now want to work for the corporations."
Mr. Stenger noted the higher
proportion of women and lower
proportion of non-resident students in
this year's freshman class, but said that
any long-run trends would probably
depend on what available students there
are to choose from the total pool of
applicants each year.
It has not yet been decided whether U
of L will attempt to maintain a ceiling of
1 0 per cent on the number of
non-resident students admitted each year,
but a number of factors must be
considered before any policy on the
matter can be made. Mr. Stenger added,
"We are not sure what other law schools
are doing in Kentucky [about
non-resident student
admissions] . . . nor are we sure that it is
constitutional to apply different
standards to non-resident applicants."
Career Night
by Lee Calarie
The annual Law School Career Night
was conducted on Oct. 21. The program
was organized by the Placement Office
with the assistance of Judge Marlin M.
Volz. Career Night is designed to
introduce law school students to . the
broad spectrum of opportunities open to
persons who hold law degrees.
Over forty representatives from
various fields attended the program. The
representatives supplied information and
not used cars." He continued
"They're looking for students
who've shown the aptitude for
success, but who've had personal
problems which they've since
eliminated."
Mr. Thomson, also Chairman of
the Readmissions Committee,
agreed with this assessment. "We
know that the people we deal with
are qualified to graduate from law
school, at least on paper. If they
have been unable to make good
grades there must have been
intervening circumstances."
According to the guidelines, the
reasons for readmission must be
compelling, but no exact formula
exists as to just what constitutes
"compelling" circumstances. "We
handle each case personally," said
Mr. Thomson. The Committee
considers whether the student has
remedied the problem(s) which first
caused his disqualification. Such
things as attitude and ability to
devote a full time effort to law
school are important.
Each of the conditions for
readmission is also a functionary of
the circumstances. Usually students
are only given one semester to
re-coup their GPA deficiency, but
the Committee tries to assign a goal
which the students can reasonably
attain.
The third-year student who
discussed his experience said,
"They only gave me one semester
to bring my accum up and it really
put a lot of pressure on me at the
time. But, I made it!"
Not all those who apply for
readmission succeed on their first
attempt. "But," said Mr. Thomson,
"we never close the door to
anyone. . . they can reapply
later." He concluded, "People can
do a lot of growing up in a year or
two and we've had a lot of good
people come back and just do super
work."
answered . questions about employment
opportunities available in their respective
fields. The program is not designed to
provide personal interviews with
prospective employers. Rather, the main
purpose of the program is to show law
students the great variety of employment
. opportunities available to them.
Several local firms sent representatives,
including Wyatt, Grafton & Sloss;
Greenebaum, Doll, Matthews & Boone;
and Brown, Todd & Heyburn. Also
present were representatives of various
local corporations which included the
Louisville and Nashville Railroad;
Standard Oil of Kentucky; Brown and
Williamson; and Kentucky Fried Chicken.
Representatives from insurance
companies and banks also attended.
Numerous governmental officials were
present to show the variety of
employment opportunities available
outside of private or corporate practice.
Attending were members of federal, state
and local prosecuting offices and a
member of the local legal aid society.
Also present were representatives of the
Federal Bureau of Investigation; Corps of
Engineers; Internal Revenue Service; U.S.
Army's Office of Judge Advocate;
Kentucky Department of Transportation;
and the U.S. District Court and Kentucky
Supreme Court law clerks.
The employment opportunities
available to law students tightens every
year. Career Night enables law students to
explore those areas which might be of
personal iRterest and those areas where
employment opportunities ar~ available.-.
Louisville Law Examiner, November 9, 1976 5
Mirror Image
Sternberg Views Past
by Russ Crusott
Marvin J. Sternberg, Justice of the
Supreme Court of Kentucky, began his
law studies immediately out of high
school. He attended the Jefferson School
of Law at night while trying to sell
National Recovery Act (NRA) Blue Eagle
placards and driving a horse and cart on a
bread route by day.
Graduating in 1933 at the low point oL
the Depression, he struggled along in
private practice taking on such tasks as
collecting grocery accounts, accepting
appointments in Police Court and
whatever else his family and friends could
direct his way. "It was rough," he
remembers. "In Louisville, in 1935, you
did what you could."
Marriage and a dislike for "cut throat
competition" influenced him to move to
Jamestown, Ky. in 1935. With help from
friends, he started his practice while he
and his wife, Lillian, lived in a country
hotel. Justice Sternberg described it as
"one of those old country hotels where
they serve big breakfasts and put it all out .
on the table and · everybody eats
together." But, he complained, "They
charged so much - four dollars per
person per week for room and board."
Justice Sternberg fondly remembers
those days in the country. He learned
that "If you want friends, you have to be
a friend. Rural people are open-hearted,
loving people. During our whole stay in
Jamestown, [from] 1935 to 1942, we
Ky. Fares Well
didn't have to buy a quart of milk or a
pound of butter." He explained that,
"Country practice is much more leisurely
than in metropolitan Louisville."
Although he generally did not like to
take criminal cases, the Justice's first ease
in Jamestown was a murder case at which
he was co-counsel. After winning an
acquittal, the father of the accused told
Justice Sternberg and his co-counsel that
they deserved a fee of some sort, so he
gave them a dollar to split between them.
A few weeks later at another murder
trial he and his co-counsel were given $50
to divide. But he said, "In those days the
fees were lower, $15 for a divorce . . .
people paid what they could."
In f957, he took his first stab at public
office by running for Judge of the
Jefferson Circuit Court, Division Two,
Chancery Branch but was defeated.
Undaunted, he ran for the same position
in 1963 and won. He was re-elected in
1969. He then ran for and was elected to
the Kentucky Court of Appeals in 1975.
With the Judicial Amendment calling
for the creation of the Kentucky
Supreme Court, Mr. Sternberg was
elevated to the position of a justice of
that court. His present term expires in
1983. He responded to the possibility of
his running again. "If I am of the same
mind then as I am now, I am not going to
be a candidate. Mrs. Sternberg and I want
to travel and I want to do some hunting
and fishing."
Bar Results Compared
CHICAGO, Oct. 21 - Bar admissions reached a record high for the sixth
consecutive year in 1975, the National Conference of Bar Examiners (NCBE)
reported today.
The NCBE, an affiliate of the American Bar Association (ABA), said 34,930
persons were granted permission in 197 5 to practice law in the individual states,
the District of Columbia, Guam, Puerto Rico and the Virgin Islands.
Len Young Smith, editor of the NCBE official publication "The Bar
Examiner," said the figure has been climbing steadily since 1971 when the total
was 20,510. "And based on preliminary figures it appears we're headed for
another record year," Mr. Smith said.
The admissions boosted the total number of lawyers in the United States to
more than 400,000, also a record high.
Of the 1975 admissions, 34,144 were by passing a bar examination and 786
were by receiving a diploma. (In five states - Mississippi, Montana, South
Dakota, West Virginia and Wisconsin - state university law school graduates are
automatically admitted to the bar. Marquette University Law School graduates
are also admitted in Wisconsin without taking a bar examination).
The NCBE said an additional 12,000 persons failed to pass state bar
examinations./
California led in the number of adrnittees with 4,905. New York was second •
with 3,413 followed by Florida's 1,933, Illinois' 1,882, Texas' 1,709,
Pennsylvania's 1 ,626, Ohio's 1 ,430, New Jersey's 1,281 and Massachusetts'
1,278.
Job Market Bleak
CHICAGO, Oct. 23 - Newly certified
lawyers looking for jobs face a buyers'
market, an American Bar Association
(ABA) magazine reported today.
"As with most professions, legal
starting salaries are not keeping up with
the cost of living," said James Kilmer of
David J. White and Associates, Inc., a
Chicago-based management firm, in an
article written for "Student Lawyer,"
official publication of the ABA's Law
Student Division.
"Supply and demand is the culprit,"
Mr. Kilmer said. "The lawyer glut is even
causing a reduction in the amount of
money some firms are offering to new
graduates." ··
He said even some of those who
graduated in the top 10 per cent of their
classes are having trouble finding jobs.
In the best position, he said, is the
Spanish-surnamed female who graduated
in the top quarter of her class; worst off
is the white male who graduated in the
lower half of his class or is a night-school
graduate.
Starting salaries this year ranged from
$9,600 for a law firm non-patent post in
Chicago to $28,000 for a corporation
patent position, also in Chicago.
This compares with a low of $11,000
and a high of $28,000 last year.
The article covered Atlanta, Boston,
Chicago, Los Angeles, Milwaukee, New
York City, Philadelphia, Phoenix and
Washington, D.C. ·
"The law has always been an elitist
profession, but it is moving into a definite
legal Darwinism phase regarding salaries,"
said Mr. Kilmer.
On the newjudicial system set up by
the constitutional amendment, Justice
Sternberg sees it as "a new era of judicial
jurisprudence in Kentucky. It will give
the litigant, the people, the opportunity
to come closer to the courts. [It will
also 1 get rid of the backlog of cases"
faced by the appellate courts.
Describing the workings of the new
Supreme Court, Justice Sternbent
outlined how one of the more than 1 ,800
cases a year is handled by the justices. He
explained that after the J:>riefs are filed,
the chief justice assigns individual cases to
each one of the justices including himself.
Each justice then studies his cases and
applicable law and arguments during the
period called a "non-conference week."
Here is a complete tabulation:
Total
Admitted
'Alabama 350
Alaska 112
Arizona 373
Arkansas 204
California 4905
Colorado 561
Connecticut 480
Delaware 50
D.C. 656
Florida 1933
Georgia 917
Guam 15
Hawaii 178
Idaho 119
Illinoia 1882
Indiana 557
Iowa 404
Kansas 343
Kentucky 352
Louisiana 542
Maine 136
Maryland 625
Massachusetts 1278
Michigan 984
Minnesota 640
Mississippi 220
Missouri 651
Montana 97
Nebraska 246
Nevada 102
New Hampshire 94
New Jersey 1281
New Mexico 192
The next week, which is known as a
"conference week," the justice presents
his disposition and statement of the case.
If agreement is reached, he then writes
the opinion which is circulated to each of
the other justices who either adds
comments or signifies his approval on the
"kick back sheet." On Friday of the
conference week the decisions are handed
down. Conference and non conference
weeks alternate throughout the term.
The new system also reduces the
number of cases that can reach the
Supreme Court. Unless an offense carries
a sentence of "20 years plus," or a
motion to by-pass the Court of Appeals is
made and granted, all appealed cases must
first go through the Court of Appeals.
The standard for the granting of a
"motion to bypass" is set out in Rule
1.1 7 5 and says that there must be "great
and immediate public importance."
Justice Sternberg is proud of the Law
School and wants it to "expand to meet
all the standards of the American Bar
Association (ABA) so there will be no
. question as to its standing." He
commented that, "[We] have a good
school, a good faculty and a high class of
students."
Justice Sternberg supports the Law
School strongly and is a director of the
Law Alumni Foundation. Also, two of his
clerks have been graduates of the Law
School.
Justice Sternberg was honored in 1974
by the Louisville Bar Association (LBA)
as the recipient of its Judicial A ward. He
also received the Distinguished Alumni
Award from the U of Lin 1975.
Total Total
Passing Passing Admitted
Examination Percentage By Diploma
350 76 0
112 74 0
373 76 0
204 94 0
4905 56 0
561 80 0
480 81 0
50 52 0
656 65 0
1933 83 0
917 55 0
15 94 0
178 83 0
119 83 0
1882 84 0
557 90 0
404 82 0
343 94 0
352 90 0
542 79 0
136 87 ' 0
625 54 0
1278 70 0
984 89 0
640 91 0
59 30 161
651 89 0
38 78 59
246 87 0
102 72 0
94 67 0
128I 74 0
192 68 0
New York 3413 3413 74 NA
North Carolina 468 468 90 0
North Dakota 69 69 83 u.
Ohio 1430 1430 89 0
Oklahoma 501 501 94 0
Oregon 438 438 83 0
Pennsylvania 1626 1626 81 0
Puerto Rico 411 411 54 0
Rhode Island 112 112 76 0
South Carolina 288 288 93 0
South Dakota 77 13 87 64
Tennessee 476 476 75 0
Texas 1709 1709 90 0
Utah 142 142 89 0
Vermont 75 75 80 0
Virgin Islands 21 21 70 0
Virginia 816 816 77 0
Washington 6<44 644 71 0
West Virginia 138 54 89 84
Wisconsin 548 130 83 418
Wyoming 59 59 92 0
TOTALS 34,930 34,144 . 74 . . 786
6 Louisville Law Examiner, November 9, 1976
Unification Disputed probably make "better all-round judges.''
He explained that specialization tends to
cause one to lose the broad overview of
the law.
(Continued from page 1) ·
were opposed to the consolidation. They
argued, in turn, that Judge MacDonald
was only authorized, not ordered, to
make the unification.
. Consequently, in August, 1976, the
Supreme Court ordered a merger of the
Chancery and Common Pleas divisions
but exempted the Criminal Division. Mr.
Remmers said that no one liked this, so a
request was· made of the Supreme Court
to either order a full merger or to leave
the courts as they are presently
established.
According to Mr. ·Remmers, even
though the LBA Executive Committee
had adopted · a resolution in June which
supported the unification, at the hearing,
he stipulated that 90 per cent of the Bar
would be opposed "because they did not
understand the issue."
Louisville Atty. James Levin, who also
spoke before the Supreme Court in
opposition to the merger, said that he
presented a petition to the Supreme
Court which contained the names of
some 250 attorneys and judges who
opposed unification. He explained that
this was merely a "cross section" and by
no means a complete list.
Mr. Levin said that there are
"probably not 200 lawyers in Louisville
who do 90 per cent of the trial work and
they are almost unanimously against it
[the merger] . "
He aruged that if there are any
inequities in the caseload within the
system, "let us change the inequities, but
not change the whole system."
According to Mr. Levin, the present
system is "so efficient." He said that
Jefferson County handles approximately
40 per cent of all cases filed in Kentucky
with less than 20 per ce]lt of the j_udg~ in
the state. "Why take a good system which
is operating and go to chaos?" he asked.
A main argument of the opponents to
merger is that under the current system,
each judge is a specialist in his field.
Judge Leibson emphasized the need for
this specialization in his argument before
the Supreme Court. He pointed out tha't
the American Bar Association (ABA) and
the Kentucky Bar Association (KBA)
have recognized such need of
specialization in the legal fields.
Each Jefferson Circuit Judge stood for
election in the branch where he
considered himself best trained, said
- Judge Leibson. "Everyone does best what
they know and what they like best," he
explained. He pointed out that on a
particular Friday, his schedule called for a
jury trial and five hearings, one of which
was a divorce pretrial. The divorce
pretrial was "the only task for which I
lacked enthusiasm," he said.
Judge Mike MacDonald of First
Division Common Pleas and a proponent
of merger, questioned the need for
specialization. "We operate under rules
which say there is no distinction between
law and equity," he said. He agreed to a
need for specialization of practice, but
not in the judiciary.
Judge MacDonald explained that at
one time there was a sharp distinction
between law and equity so the Louisville
Equity Court was established. "You had
Chancellors . . . and Criminal judges and
the law made a distinction," he said.
However, today much of this procedure is
antiquated.
According to Judge MacDonald, the
Federal System has no Chancery or
Common Pleas and no distinction is
drafted into the Federal Rules of Civil
Procedure. Jefferson Circuit Court,
however, retains its divisions
while basically using identical rules (Ky.
Rules of Civil Procedure).
When asked for his opinion of the
merger, Seventh Division Common Pleas
Judge Thomas Ballantine said that he sees
"nothing particularly wrong with it." He
indicated, however, that he is "bowing to
the inevitable." He said that he recognizes
the "political facts of life" and explained
. that "If the Supreme Court doesn't merge
us, the Legislature will."
The judge did say that he feels more
comfortable in Common Pleas because
"many of the things I do, I do by rote."
As to the inequity of the caseloads,
Judge Ballantine admitted that in the fall,
winter and spring, the case loads of the
courts are fairly equal.
He indicated that all of the current
judges are competent to go under the
combined system. "Some have been away
so long [from other fields of law] it will
ta.ke time to get them back into it, but
they will come around," he said.
Finally, when posed with. th~ idea of
having to leave the Common Pleas
branch, Judge .Ballantine lamented, "I'll
have to buy me a criminal law book and a
book on divorce and throw away my
Prosser!"
Fourth Division Chancery Judge
Richard Revell, indicated that merger will
Judge Revell said that unification
would "probably help the bench but hurt
the litigants" as far as speedy trials are
concerned. He believes that the Jefferson
Circuit Court is number one in the nation
for the speed of case disposition for state
courts in communities of comparable size
to Louisville.
Judge Revell explained that merger
will probably cause Jefferson to fall
behind this record in that there will be a
tendency to dispose of criminal cases first
and postpone less urgent civil cases.
"There has been a division in Chancery
for a long time," he said. "If the
population was large enough in the early
1800's, then surely today there must be
reason for division in the system."
Judge Revell agrees with the idea of
specialization and said that the "More
judges you have, the more reason to
support division." He said that diversity
of cases which would be caused by
unification, would be interesting,
however, "when one does many things,
he can never operate as efficiently as
when he does only one."
Judge Leibson emphasized the
"assembly line" process of rapidly
turning out cases. ''We are geared to mass
production and have to be," he
explained. "We are absolutely current
with our trials and only a couple of places
in the country are like that." He
credited this to specialization.
By way of explanation, Judge Leibson
said that in 1974, the 16 judges in
Jefferson County disposed of an average
of 970 cases per judge while the judges
throughout the rest of the state handled
only 617 cases per judge.
Judge Leibson said that he was elected
to a specific office created by statute, not
by the Constitution. He explained that
the repealed constitutional section
mandated only that civil and criminal
courts should be separate in Jefferson
County - nothing was said about
separating civil into Common Pleas and
Chancery.
Also, Judge Leibson said that he stood
for a specific office - that of Common
Pleas Third Division. He questions
whether the court by rule can abolish his
office. He explained that Common Pleas
has a specific meaning and describes a.
definite office, not a number as it would
be under the merged system.
Einally, Chief Judge L. T. Grant of the
Fayette Circuit Court was contacted to
explain how their system has been.
operating since its merger in 1972.
Judge Grant explained that until 1972,
there were four divisions in Fayette with
one judge handling criminal cases and
three judges handling civil. As a result,
the wnd jury met only four times per
year.
In 1972, two judges were added to the
Fayette Cir~uit to improve the speed of
the trials. It was agreed by all judges that
each would handle both civil and criminal
cases. Because of this, the grand jury now
meets each month giving each judge two
grand juries per year for which to try all
indictments.
Judge Grant said that Fayette is able
to dispose of criminal trials in 25 to 30
days. "You can pretty well have a trial
when you're ready," he said. '
Apparently the lawyers prefer the new
system, according to Judge Grant. Also,
no difficulty was experienced with the
change.
Judge Grant emphasized that ''What
works here may not work there, so I can't
say it is best for them [Jefferson
Circuit] . "
Each side remains adamant in its
position. Mr. Remmers said that he is
"very hopeful that a prompt decision
[Supreme Court] will be made to
coincide with the move to the new Hall
of Justice." Judge Leibson, on the other
hand, indicated that he believes that the
Supreme Court feels it is without
authority on which to act and instead a
statute will have to be passed. Whatever
the outcome, it certainly cannot be said
that the losing side did not argue well.
Traveling Moot Court Team Competes in Richmond
by Ed Mann
The U of L National Moot Court
Team, comp<>sed of Dee Hill, Cliff Travis,
and Bonnie Brown, represented the Law
School in regional competition this. past
weekend in Riclunond, Virginia. : .
Accompanied by. Prof. Larry Knowles,
substituting for Prof. Nathan Lord:who
was called away due to an illness -in the
family, the · team traveled to T. C.
Williams School of Law at the University
of Riclunond. Competing against teams
from Duke, William and Mary, Kentucky,
West Virginia, North Carolina, Richmond,
Chase, and North Carolina Central in a
double elimination tournament, the U of
L team won in the frrst round, but lost in ·
the second.
Ms. Hill said that the team felt really
good about their frrst victory. The team
brief had been written as a petitioner's
brief, and they had been originally
scheduled to argue the petitioner's side at
6:00 p.m. Thursday evening. A last
minute change by officials forced tJ!e
team to argue the respondent's side at
8:00p.m. against the University of North
Carolina. A frantic two hour session in
· the library. resulted, but thc;ir efforts were
rewarded. A loss to William and Mary the
next day·, however, put an end to their
chances for advancement. :
The C;lse argued by the competitors
concerned a situation · ' in ·which a
. corpbration had not complied with state
sta,tutes regulating tender offers. Duke
placed frrst in the competition and the
Univer"sity of Riclunond took second
place.
The judges for the- competition were
local lawyers, many of whom had
participated in National Moot Court
competition. Unlike some judges in
previous years, Ms. Hill felt that the
judges were very well-informed on the
subject ~-matter Every question asked was
meaningful and indicated excellent
preparation by the judges, according · to
Mr. Travis.
When asked about the value' of moot
court competition to the average law
student, Ms. Hill replied that the moot
court competition is a unique
oppOrtunity to see what appellate
practice is all about.
As a result of his experience Mr. Travis
·,
said, "I feel more confident now of my
ability to handle matters which might
come up in practicing law. It was a totally
different feeling than the one I had in
freshman competition."
. ...... . .. .. - . J - •• • • "' ••••• ••• •• " .. . .. . . ............ · -- ·· ~---·---· ...
' ' o <'- __ .,_ ....... .... ... ..._ ....... ~.I 10. ~ o '* ~ • o ~ • • o., • • ,. ' • ~ • o
Louisville Law Examiner, November 9, 1976 7
Nuclear Power Series
Discharge Data Incomplete
(Continued from page 2)
Often chemicals can be concentrated to several thousands times their concentration
in the environment. If a fish accumulated radioactive chemicals from a nuclear power
plant and that ftsh in turn was eaten by a human, a critical pathway between the plant
and the human population would exist. Such "critical pathways" must be avoided in
locating and operating nuclear power plants.
The specific health effect exerted by a radioactive element is dependent on the
element, its energy levels, and its eventual location within the body. Certain elements
have long biological half-lives; thus they are retained in the body for long periods of
time.
Other elements, such as tritium, pass quickly through the body. Those elements
retained in the body for long periods of time usually seek out particular tissues or
structures and concentrate at that location. ·
Strontium and Radium are bone seekers, and as such are concentrated in the bone.
This site-speciftc concentration is responsible for localiz~d health effects, as radioactive
strontium can be a causitive agent in leukemia, a bone rna-row disease. Radioactive
chemicals responsible for such diseases are tightly regulated by federal agencies.
The physiological effect of radioactive chemicals results from the disintegration of
the chemical in the cell. Once in the body, a radioactive atom may disintegrate,
releasing highly energetic ·particles which ionize other atoms in the host cell.
Depending on the function of the atom and cell, the resulting alteration can be severe
or insignificant.
The location of the radioactive atom in the body primarily determines whether a
disintegration will exert no effect on the cell or will alter the cell in such a way as to
make it malfunction or cease functioning. The eventual fate of the disintegration is a
matter of chance or statistics.
A radioactive element may become incorporated in the reproductive
deoxyribonucleic_ acid (DNA) of the gonads, and upon disintegration alter the genetic
message to either an incoherent or wrong form, resulting in a genetic mutation. A
disintegration may alter the reproductive process in a body cell, resulting in either a
cancerous condition or in a non-cancerous alteration of the cell.
Boudin To Lecture
Leonard Boudin, a noted civil
libertarian and practicing attorney, is
slated as the second speaker of the
Louisville Law Forum's Brandeis Lecture
Series. The address is open to the public
and will be presented on Thursday, Nov.
18 at 8:30 p.m. in Middleton
Auditorium, Strickler Hall, Belknap
Campus.
Mr. Boudin's speech entitled "National
Security and Freedom of Association"
will highlight the suit he filed on behalf
of the Socialist Worker's Party and the
Young Socialist Alliance against the FBI,
CIA and other regulatory agencies.
The suit has resulted in uncovering the
government sponsored COINTELPRO
(counter intelligence disruption program).
Its aim according to government
memorandum received through the suit's
discovery process was "to expose,
disrupt, misdirect, discredit, or otherwise
neutralize" civil rights organizations and
groups opposed to the Vietnam War.
Mr. Boudin's career has included
defending labor unions in the 1930's and
'40s and victims of the McCarthy era
witchhunts. More recently his clients have
included: Dr. Benjamin Spock, charged
with conspiracy to violate selective
service laws; Eqbal Ahamad, in a
successful defense against charges of
conspiracy to kidnap Secretary of State
Henry Kissenger (also indicted for the
same offense were Father Phillip Berrigan
and Sister Elizabeth McAlister); and
Daniel Ellsberg who was prosecuted for
disseminating the celebrated "Pentagon
Papers" to the press.
In addition, Mr. Boudin has argued
numerous cases before the Supreme
Court including the landmark case of
Kent v. Dulles, which guaranteed certain
passport rights.
Miller's 'Reflections'
An exaggerated sense of poverty can
no longer be an excuse for not seeking
academic excellence, U of L President
James G. Miller .said during his annual
· address to the University Senate Oct. 27 ..
Dr. Miller addressed the University
community at the Health Sciences Center
and again at Belknap Campus. His speech
came from the "President's 1976 Annual
Report 'Reflections'," which was also]
distributed during the gatherings of.
University personnel.
"Our budget is now basically
sound. . . . We must recognize that we
can do much to improve our academic
program even within our present
. monetary constraints," Dr. Miller said.
Since U of L is the state's principal
urban university, Dr. Miller said it must
strive to meet particular needs relevant to
the community.
Within the last three years, U of L has
searched for and appointed eight new
deans in degree-granting units. This new
leadership has prompted a new look at
our decision-making process, Dr. Miller
said.
Dr. Miller also looks toward better
relations with U of L alumni in the
future. "The bond we seek with the
citizens of Louisville, Jefferson County
and Kentucky will never be strong if we
cannot form a valued and enduring
association with our alumni," he
explained.
Though U of L is not yet one of the
nation's top 100 universities according to
the ratings of graduate and professional
programs, Dr. Miller said that the
University has made remarkable strides in
recent years .
"We can commit ourselves, once and
for all, to the idea that we owe the
community nothing less than a first-rate
university. Several major state universities
around the · country have demonstrated
that large size and academic excellence
are not incompatible. We, ·too, must
choose excellence," he concluded.
An increase in the inventory of radioactive elements in the environment will
increase the probability of adverse health effects being manifested in· the human
population. Such an increase is unavoidable in the operation of nuclear power plants.
Accidental Discharges
The safety design of nuclear power plants is improving as more is understood about
nuclear power generation. However, safety features are often subjected to the human
element, an element that is critical in the operation of nuclear facilities. Human errors
account for most of the accidents that have occurred in the development of nuclear
technology. However, the demanding conditions that materials in nuclear plants are
subjected to under normal operating conditions can result in failures that the industry
must consider in safety analyses of the plants.
Many safety design features of nuclear power plants are back-up systems that have
never been tested under accident conditions. Thus, to simulate the effectiveness of
critical safety systems, computer models are used. Data generated from these models
indicate that nuclear reactors now being planned will be able to withstand severe
operating accidents. These computer models have never been calibrated against actual
severe accident conditions, and are thus limited in applicability.
The Nuclear Regulatory Commission does not require the nuclear power industry to
consider in its environmental analysis the worst possible situation resulting from a
nuclear power accident; a core meltdown. Such a condition results from the loss of
coolant to the fuel core and the subsequent melting of the fuel rods into a puddle in
the bottom of the reactor. Such a condition destroys the geometry of the fuel
assembly and causes the uncontrollable discharge of radioactivity into the
environment.
The normal operation of nuclear power plants usually causes only a slight increase
in the amount of radioactivity naturally found in the receiving stream. Regulating
federal agencies do not consider this slight increase a threat to public health, based on
the concept that below a certain threshold value, radioactivity has insignificant effects
on the human body.
Some scientists disagree with this concept, arguing that any increase in radioactivity
increases the chance for a radioactive element to generate mutagenic or carcinogenic
changes in body cells. No conclusive data exists to eliminate either concept.
With the continued proliferation of nuclear power plants, the public must accept
the increased probability of a severe nuclear accident and the problems associated with
long term, low level radioactive discharges to the environment.
The law library f'mally near full utilization. The stairway and second floor
areas are to be carpeted to reduce noise and improve the study
environment. Shelves, carrels and a lounge areaaie being installed in the
basement.
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8 Louisville Law Examiner, November 9, 1976
;::AReform Act Seminars !Bondsmen TakeActionl
(Philadelphia) - Changes in the estate
and gift tax law enacted by Congress in
the Tax Reform Act of 1976 require the
reexamination of virtually every estate
plan drafted prior to enactment. In light
of this situation the American Law
Institute-American Bar Association
Committee . on Continuing Professional
Education (ALI-ABA) will offer a new
Course of Study on Estate Planning under
the New Estate and Gift Tax Law. The
program will be presented three times in
early 1977: Jan. 6-7 at the Washington
Hilton Hotel in Washington, D.C.; Feb.
17-18 at the Crown Center in Kansas
City, Mo.; and Mar. 10-11 at the.
Bonaventure in Los Angeles.
This program is designed primarily for
the general practitioner who does some
planning of modest-sized estates, rather
than for the estate planning specialist.
The faculty will address itself to a
discussion of what difference the new law
makes and how the approach to estate
planning will shift to maximize taxpayer
benefits.
The topics examined will be the
substantially larger exemption; the
increased marital deduction; the
unification of estate and gift taxes into
one transfer tax; farms and real property
interests in closely-held and family
businesses; the loss of a stepped-up basis
for inherited property; and new
provtstons for restricting
generation-skipping transfers.
For further information, or to register
for the course, please contact the
Registrar, ALI-ABA, 4025 Chestnut
Street, Philadelphia, PA 19104; or
telephone (215) 387-3000.
The American Law Institute (Continued from page I)
American Bar Association Committee on Mr. Manly is ftling a federal suit in the
Continuing Professional Education
(ALI-ABA) will offer a new course of Western District of Kentucky and is .
study which will examine tax shelters in attempting to get an extension of time in
light of the new Act. Tax Shelters after which to perfect -an appeal of the
the Tax Reform Act of 1976: What Kentucky Supreme Court decision to the
Happened and What's Left? will be held U.S. Supreme Court. The initial difficulty
Dec. 2-3, 1976, at the International Hotel that Mr. Manly foresees in the federal
in New Orleans. court mitiative is the possible res judicata
The purpose of this program is to effect of the state court case, which was
analyze and discuss the various Reform converted to a class action suit at the
Act provisions dealing with shelters and circuit court level. However' if he can
to assess the impact of the Act on
taxpayers. How far has the Act reached? avoid dismissal, he believes that he may
What shelters are covered? What is left by have a good bill of attainder case, and will
way of shelter mecluinisms? What should also raise substantive due process issues.
taxpayers do by yearend 1976? The bonding companies are seeking
All Reform Act areas will be covered: injunctive relief as well as monetary
depreciation recapture, limitations on damages.
deductions, prepaid interest, partnership In appealing to the U.S. Supreme
law changes, the minimum tax, and the Court, Mr. Manley is hampered by time
traditional shelters such as real property, limitations and the absence of federal
farming, motion pictures, and oil and gas. issues raised in the lower courts. Don H.
Additionally, the program will focus
upon current shelters, such as commodity Major, the attorney who handled the
futures (straddles) and coal leasing. successful circuit court case, the appeal to
For further information, please contact the Kentucky Supreme Court, and the
the Registrar, ALI-ABA, 4025 Chestnut i 'plication for a stay of enforcement,
Street, Philadelphia, PA 19104; or
,...te-le_p_h_o_n_e_<2_1_5_)_3_8_7--3_o_oo_. ___ __,/
Did You Know . · . .
1-
explained that he and his colleagues
decided not to raise many federal issues
in the Kentucky courts as a matter of
professional judgment. He said that he
relied very heavily on Kentucky'
constitutional issues in his argument to
the Kentucky Supreme Court.
Mr. Major had not been retained to
appeal to the Supreme Court, but ftled a
notice of appeal with the U.S. Supreme
Court for the limited purpose of
obtaining a stay of enforcement pending
appeal.
In other court action, two parallel suits
were itled in the Eastern District of
Kentucky, one of which was dismissed
but the other is still pending. Atty. Stuart
Lyon has fJ.led a civil rights class action
suit in the U.S. District Court for the
Western District of Kentucky on behalf
of defendants who wish to post
commercial bonds. He recently ftled an
answer to a motion to dismiss and is
currently awaiting a ruling from U.S.
Distric~ Court Judge Charles Allen.
Tax Shelters
Examined
(Philadelphia) - The Tax Reform Act
of 197 6 is the most important tax
legislation since 1969. Because of its
broad impact on the taxpayer, attorneys
are now facing the formidable task of
interpreting and complying with this new
legislation.
The Freedom of Information Act
was originally designed to promote
public knowledge of the operations
of government. Yet 85 per cent of
the lawsujts under the Act are filed
by competitors aiming to get access
to each others' secrets. The
National Labor Relations Board has
recently been bedeviled by parties
utilizing the Act as a substitute for
discovery. There is also much
confusion about where the
Freedom of Information Act ends
and the Privacy Act begins.
(Reprinted from ABA/LSD Bi·weekly
Bulletin, Oct. 15, 1976)
The Louisville Law Examiner is a student organization that is open to all
students of the Law School Currently, there are several staff positions available
including editorships. While experience is desired, it is not necessary. The cu"ent
editors and staff will provide the guidance and training on an individual basis. All
interested students tlTe encouraged to attend the regular meetings in the Examiner
any young lawyer who has made
it through law school and passed
the bar deserves the best
There are 110 finer law books than West books. They are edited and '
printed for the practicing lawyer. They meet practical needs; answer
practical problems, and they always offer maximum ease of movement
from one publication to another through the Key Number System,
citations and library references. If you're a student soon to practice law
or aJready a seasoned practitioner, be sure you give yourself the advantage
·or the best tools an at(omey can have ... West law books. ·
GEIE PFLUGHIUPT
B.S. Northwestern University
LL.B. Southern Methodist University
WEST
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