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Louisville Law Examiner Volume 4, Number 4 Method of Class Ranking Questioned by Shelby Lee Over the past decade spiralling grade inflation has permeated the Aq1erican education system. This trend is of particular concern to the student from a C-curve institution, such as the University of Louisville School of Law, when competing for employment with an individual from a Bcurve school. The prospective employer no longer is able to assess accurately a student's performance through a consideration of his grade point average (G.P.A.) alone. A partial solution to this has been found in greater reliance on class rankings. Associate Dean Steven R. Smith feels that "big city employers have more of a tradition of paying attention to rank. I think government practices would probably follow the same pattern of placing emphasis on class rank. One of the reasons is that in a lot of schools there is such grade inflation that you can't tell anything." For purposes of class standings at the U of L Law School, there are currently two separate rankings maintained. One is for day students, the other for evening. Within each, students are measured against those with a comparable number of hours: One-28 hours, 29-56 hours, and 57-84 hours. Each graduate is gauged against others completing law school at that time, again divided into day and evening tables. Dean Smith disclosed that ''There has been some discussion of combination, but we haven't gone to a generally combined schedule yet. We have talked about it to the point that we are very serious about it, but it just has not been implemented." He views the ranking procedure as essentially an administrative function among the three Deans (Wren, Lay, and Smith); however, "as with virtually any administrative decision the faculty can override." Several students have recently voiced concern to the administration that before merger is put into effect there should be examination of consistency between day and evening standards. As one interested student indicated, "this is not a question of resentment between day and night students if consistency exists. However, day students compete against each other for three years; sections are changed annually to give the day person an exposure to a weater number of students than in the evening division. For the most part, evening students are in direct competition only among themselves. Therefore, unless consistency of all standards can be shown, questions remain regarding the legitimacy of merger.'' Another mentioned that "everybody is ranked, so it affects everybody. In many instances getting a job depends on class rankings. To us it's our economic welfare." In response, Dean Smith emphasized, "if there is one law school here, why should rankings be calculated separately Serving The University of Louisville School of Law Community Circulation 3800 { .. .,~-- ... ~-- .. Agle Justus" , a lonJ bloqrass band composed mainly of law studeats, lias made regular appearances at Woody's Tavern tills faD. Tile balld -bers are, from left: Jeff Wade, Rick Receveur, Reggie Van Stockum, Garrett Fowles, and Chris Perkins. D. Todd Littlefield, not pictured, recently joined the group. regarding students with the same number of hours? If we are running two in terms of grading standards-and that has yet to be discovered-it is totally unacceptable; that is a very serious problem." One area in which the lists have been melded is that of scholarships. Associate Dean Norvie Lay indicated that during the summer the Scholarship Committee addressed the problem of allocating scholarship funds in the most equitable manner. "It was the feeling of the committee that instead of separate scholarships based on being number one or number two irrespective of whether they had completed this in the day or evening division." The merger was done "for scholarship purposes and scholarship purposes alone." Dean Lay observed that "the committee felt that this treated all people the same and alleviated all problems from previous years. Apparently we just multiplied them. This really hasn't satisfied anyone in the sense that there are separate lists for day and night academic purposes, and yet we combine them for purposes of scholarships." He also stressed that "the two divisions must not only_ be comparable but they must offer the same quality of legal education. The American Bar Association (ABA) requires that they be run and treated the same. If they are not, then we have a real problem." "I think," Dean Lay continued, "it is a simple question of what reflects the true state of affairs. I want as much input from the students as I can possibly get before we make any determination whether to wed the two or keep them apart. After all, they are your grades; they are your ranks. I would be opposed to any change unless I knew exactly what the student body wants. It is not for me to make that assessment." Students Participate on Faculty Committees by Sam Carl and Susan Barnett A system o) committees operates at the law school through which the faculty participates in decision-making for the school. There is at least one student representative on nine of these committees, and a recent self-study report on the law school states that this "traditional involvement of students in the faculty deliberative process" is one of the strengths of the school. But, holding a vote on a committee is not necessarily the same as having a viable role in determining policies of the school. Can a student representative sway faculty members on issues before a committee"? Is the faculty attentive to the views expressed by the students, or are the student representatives seen as intruders? How can a student representative voice the "student body'' viewpoint? To explore these questions, we interviewed some of the students who serve on faculty committees. Not surprisingly, experiences varied from one committee to another. Steve Arnett serves on four faculty committees by virtue of his office as Student Bar Association president, and he appointed most of the other student representatives to committees. In appointing students, Mr. Arnett said, "I try to get a diversity of students, not the same students over and over; I might appoint students because they are interested in certain areas. But, I tell them they're there to voice student concerns, not just their own views." He also said that he tries to get a cross-section of the student body to serve on committees, but that it is difficult to get a proper mixture of men and women, day and evening division students, and so forth. Mr. Arnett serves on the Financial Aid, Scheduling and Building committees as well as on the Faculty committee. (The Faculty committee is comprised of the entire law school faculty and its decisions are binding on the faculty. Some other committees are really advisory sub-committees of this larger body.) His role, he says, is to voice the students' viewpoint, as he perceives it. "For example," Mr. Arnett said, "on the Building committee, I'm lobbying for the student facilities building. If there weren't a student on this one, we'd have no input at all. As it is, I'm the only person on the committee who has taken the initiative on the student facilities building." While Mr. Arnett believes that the faculty is interested in student views when he pr::sents them, it appears that he feels he has less impact on the Financial Aid and Faculty committees than on the other two. "On Financial Aid, they turn to me a lot to find out who a student is." He questioned whether he could make much difference in the decisions of that committee, but he said, "I've tried to get the committee to devise a system more equitable to the students. This summer, applications came in all summer, and we decided on them one at a time. I got them to institute a deadline, so all the applications are in front of us at one time." Louisville Law Examiner Letters To The Editor EDITORIAL BOARD Valerie L.Salven, Co-Editor-in-Chief Susan Turner Barnett, Co-Editor-in-Chief Phillip R. Warf, Associate Editor Ginny Hamm, Business Manager STAFF Greg Y opp, City Editor Bruce Dudley, Brandeis Brief Editor Jerome A. Mirabito, Executive Editor Pat Chism, Photographer Gerald F. "Bear" Scbray, Artist Jerry Adair Frank Burnette Sam Carl J udge MARLIN M. VOLZ, Advisor Shaun Esposito · Kenneth W. Golliher Shelby Lee Rick Masters Schuyler Ott Charles Walden Elizabeth Ward Sherry Willman Profe sor ALBERT T. QUICK, Consultant The Louisville Law Examiner is published eight times during the academic year in the interest of the University of Louisville chool of Law community. Unsigned editorial opinions are those representing a majority vote of the editorial oard and do not necessarily express the views of the chool of Law or the University of Louisville. Articles are invited from faculty members, students, and members of the bar who wish to do freelance work, but any proposed article must be cleared in advance with the editor as to topic and length. This is to avoid duplication of coverage and insure that the article will not be beyond workable length for a newspaper format. Address all communications to the Louisville Law Examiner, School of Law, University of Louisville, Louisville, Kentucky 40208. Phone 502-588-6399. Dean Brian Hogan of the University of Leeds School of Law, spoke at the law school on November 8. Dean Hogan's topic was "Insanity as a Defense." School of Law History Written You and your colleagues might find yourselves between the covers of the Official History of the University of Louisville School of Law (and the Jeffer-on School of Law) which will be released during the upcoming year to commemorate the groundbreaking for the school's new wing. Chapters will track the development of the school from its beginnings in 1846 and will include scandal, intrigue, war, mysLery and sex. You'll want to reaa about ' y Daddy's Hanging," "The Yellow Dog Scandal," "Why We Sided With the South," and "The Bourbon Bar Exam." There will be something of interest for everyone-especially the serious historian. Over two years of scholarly research has gone into the preparation of this book and the manuscript is about to be completed. If you or members of your family have any letters, anecdotes, diaries, pictures or other memorabilia pertaining to the University of Louisville School of Law or the Jefferson School of Law, please send them to NANCY TAYLOR FRANK, c/o P.O. Box 70118, Louisville, Kentucky 40270. Terry McBrayer, gubernatorial candidate, addressed the law school student body on November IS, 1978. I Dear Editors: I commend your editorial stance concerning the Rule limiting outside employment while attending the Day Division of Law School. I entered in the Fall Semester, 1970, and I finished in December, 1972. During that two and one-half years, I worked 40 hours per week for an employer whose management was enlightened enough to realize that as long as I could perform the duties expected of me, it did not matter when I did them. In other words, if Law School did not interfere with my job, Law School was of no concern to my employer. Would that ABA and the Law School Administration were now so enlightened!?! As I recall, I graduated in the top fifteen percent of my class. 1 am now serving as the Barren County Attorney, in addition to maintaining my private practice. My usual work week is 60-75 hours, and I am sure that one of the reasons I can handle this workload is because I learned to plan and set priorities during my "Full Time Law School/ Full Time Employment" experience. Keep up the good work (no pun inalthough at times I felt like a referee among the panelists, and between some members of the panel and the audience. Dear Editor, Nancy Osborne Chair, Women's Law Ca~cus Issue must be taken with Jeffy Adair's inaccurate and inexact reporting, in your October 24th edition, of the panel discussion that was co-sponsored by The U of L Women in Medicine and The Women's Law Caucus. The goal or purpose of the panel discussion was to provide an informative setting and an opportunity to discuss the Jefferson County Abortion Ordinance with various members of this community. The panel was composed completely of men, which was unfortunate. Nancy Osborne served as a very capable and extremely visible moderator. tended). Jerry Adair reported that "at times it (the panel discussion) verged upon becoming an unprofessional rally for personal opinions and attacks." The audience, as a group, treated the panel members and one another with respect and courtesy, the same behavior was not William Thomas Klapheke II exhibited by all panel members. Law '72 The quote that was particularly offen- Dear Editors: sive read: "It was obvious from the eat- On behalf of the Women's Law Caucus calls and interruptions directed to the and other interested persons, I am pro-life speakers that the predominantly responding to a recent article in the female audience was against the ordinOctober 24th issue of the Louisville Law ance from the start." Adair's use of Examiner entitled "Local Abortion the word catcalls indicates to me that he Ordinance Prompts Panel Discussion." subscribes to an outdated stereo type that The article contained some factual errors, inherently views women as back biting, opm10ns, and misrepresentations that nail clawing beings, certainly not capable might have raised some false images. of logical thought. In reference to the au- The article expressly stated that the dience's philosophical makeup there were panel consisted of all males, which is in a significant number of representatives error since I was the panel moderator. from the pro-life block present and their The panel was organized strictly for voices were heard in the form of questions educational purposes (I wonder if the directed at various panel members. The article's autrfor read tre- oTilinancer)- orr-remaining-preblem- wi-t-h-the above-quote -~ request of the Women in Medicine. The deals with the physical makeup of the au- 120-plus members of the audience dience. Given the following facts concernrepresented men and women from various ing the panel discussion: it was organized disciplines of the University including in less than two weeks, it was sponsored law, medicine, psychology and sociology by two professional women's groups, the and the community in general. The audience turn out was highly predictable. "interruptions" that did occur emanated After all who should be more concerned from panel members, and male and with an ordinance that will legislate female members of the audience alike and reproductive freedom than women? were expressions of sentiments both for The women at both the medical and and against the ordinance. law schools should be commended for On the positive side, this was the first their joint efforts in dealing with the Jefmajor event sponsored by a law student ferson County Abortion Ordinance. organization in conjunction with another Reporter Adair should be reminded that professional group outside of our disci- the job of good competent reporting pline in recent years. The general au- demands that the writer provide his dience should be commended for their readers with accurate information and active participation in the discussion. It descriptions of events that are void of speaks highly of our student body that we personal bias and editorial slurs. have so many persons interested in dis- David E. Eilers cussing contemporary issues rather than Teacher, Jefferson County School System merely operating in the detached environ- Mr. Adair's article should have been ment of law school. labeled "commentary" but was not, due Given the nature of the topic, the to an editing error. Thank you for writing. discussion proceeded reasonably smoothly, - Ed. An ad hoc committee of the SBA is considering establishing a student research service. Students interested in earning money doing legal research would be matched with attorneys or judges needing questions researched. Advantages to students would be the possibility of earning money while tailoring their work hours to their class schedules and assuming as much or as little work as suprly and school/ ABA regulations permit. While fees have not yet been determined, students will be able to earn more than most clerking jobs offer. For attorneys, the advantage of having individual questions researched in a library more extensive than most lawyers have access to, without the need to hire a clerk full time, should prove worthwhile. In attempting to assess the interest of students and of lawyers in participating in such a program, the ad hoc committee would like you to indicate such interest by filling in name, ~ddre~s and phone numbers below and returning it to the committee. This is not an obligatiOn to work or use the service, but rather a testing of interest. Name Address Phone No. Return to the SBA Office, U of L School of Law, Belknap Campus, Louisville, Ky. 40208 . Louisville ~aw Exa~iner, N oyefll~ef 2 ~, ~ ~7~ .. . , 3 • Students Seroe on Faculty Committees (C~ ntinued from page I) About the Faculty committee, Mr. Arnett said, "I didn't know till recently that I had a vote. It doesn't matter much anyway, since students are outnumbered by faculty more than 10 to one. I use the Faculty committee to find out what's going on, what's coming down the pike in the future. I voice students' concerns; sometimes it makes a difference. Since I've been on it, they haven't voted on anything earthshattering.'' Ken Golliher also serves on the Faculty committee, as the at-large representative of the student body. He was recently appointed by Mr. Arnett, but he has attended meetings of this committee for three years. Like Mr. Arnett, Mr. Golliher is skeptical about the impact that the student representatives have on a large faculty committee. "We start out at ground zero. I don't think the faculty members are more difficult to work with than any other group. Mr. Arnett and Mr. Preston (Scott Preston, past SBA president) are excellent at it. I tend to be more impatient. We probably have as much chance of getting a program accepted as any other two members of the 25 member committee do." Mr. Golliher indicated that one difficulty in swaying faculty opinion is that the faculty members have discussed issues among themselves prior to a meeting. He said, "Prior to the time a question is voted on, there is already a consensus. Hotly debated questions don't come to a vote . .. About all student representatives can hope to do is add another perspective. I doubt that there will ever be a vote on the Faculty committee that will be decided by the votes of the student representatives." One difficulty Mr. Golliher has experienced in representing students is that he cannot adequately prepare for meetings because he does not know in advance what will be discussed. He explained, "There has been a r~curring problem in obtaining the agenda prior to the beginning of a meeting. However, Dean (Harold G.) Wren has said that this was due to an oversight on the part of his secretary. He has assured us that we will receive the agendas and other information for future meetings at approximately the same time the rest of the committee members do." "As an example, when the Faculty committee voted on the self-study that Dean (Steven) Smith prepared for the ABA, we didn't receive a copy prior to the vote. In my opinion, the self-study made the student body at least a partial scapegoat for the law school's problems. I would have voted against its adoption." Summing up his experiences with the Faculty committee over three years, Mr. Golliher remarked, "Observing the faculty at a meeting is an educational experience in itself." Steve Berg's experience with the Curriculum committee seems to have been similar to that of the representatives on the Faculty committee. Mr. Berg, as editor-in-chief of the Journal of Family Law, was appointed to the committee by the Dean. An at-large representative, Tippy Richmond, was appointed by Mr. Arnett. The 14-member Curriculum committee, which Mr. Berg said meets often, makes recommendations to the Faculty committee. Mr. Berg said, "The votes generally go against the position I've taken. The faculty is attentive to what I say. Whether it makes any difference I don't know, because there are preconceived notions a lot, but not always . . .I have as viable a role as any member of the committee. I get a vote. I get a chance to speak. They won't turn a deaf ear to a good argument." He continued, "The faculty is a closed group. They discuss things among themselves. Then there are two interlopers. I can't remember a close vote." The Curriculum committee is conscientious, Mr. Berg said, and !)as responded with interest to the remarks of Chief Justice Warren Burger and Kentucky Supreme Court Chief Justice John Palmore. They _!!lso are concerned about the recently released results of the Kentucky bar exam--=ination. Mr. Berg believes the committee is receptive to what the student body thinks. It is sometimes difficult to kriow what view to present to the committee, Mr. Berg explained. "I don't necessarily feel that I am an advocate for what the student body as a whole feels, because I'm not sure there is one feeling. Maybe there are just vocal minorities. I'm not going to argue strenuously for something I disagree with." To find out student opinions about clinical programs, Mr. Berg conducted a survey. He said that he will submit proposals or questions to the Curriculum committee when they are brought to his attention, preferably in writing. He commented, "Students have to tell me what the problem is and articulate their reasons. General complaints have no weight. There's no reason they should have weight." Student participation on a faculty committee is probably most evident and maybe most effective in the ad hoc committee investigating the results of the bar examination. Jim Seiffert was one of three students appointed by Mr. Arnett to this committee, which is chaired by Associate Professor Leslie Abramson. Twelve other students volunteered to poll students who passed the examination. (Faculty members called those who failed.) The committee's work should be completed by the end of the semester. Preliminary results were presented to the students yesterday. Students on the committee contributed questions to be asked of those who took the exam and participated in the compilation of results. With regard to getting student input, Mr. Seiffert said, "There was no problem, especially with present seniors who have naturally shown great interest by inquiries and suggestions." Student concern about the work of this committee has been particularly high. As Mr. Seiffert explained, "This is the first time anything has been done to establish a pattern of pass/ fail rates. The results might help to influence future admissions and curriculum changes. This should have a positive effect in the long run." Peggy Lyndrup serves on the other ad hoc faculty committee. The ad hoc committee on Academic Excellence has not met sin~e Ms. Lyndrup was appointed, so she did not feel that she could comment on the committee's duties or her role on the committee. Professor Leonard Jaffee, committee chairman, provided information about the scope of the committee's duties. In a memo to Prof. Jaffee, Dean Wren charged the committee with investigating the level of performance of students at the law school, comparing student performance with academic credentials upon entrance into law school, and investigating changes in the attitudes of the student body during the past several years. In the same memo, Dean Wren authorized Prof. Jaffee to appoint the student member to the committee. Prof. Jaffee is considering discussing with Dean Wren whether to appoint an evemng division student to the committee also. Prof. Jaffee explained, "The committee will investigate such items as: A) grading disparities between various professors and the different sections, B) differences between day and night students' grades, C) whether present grading procedure is adequate; that is, should there be curves, and D) overall student enthusiasm in class." Prof. Jaffee is concerned that student preparedness, qualitatively rather than quantitatively, has fallen off dramatically over the last two years. "Thus," he said, "the committee is seeking, in general, to find a method of grading consistently and a way to improve student preparedness." It will be up to Ms. Lyndrup to solicit student opinions if she thinks that solicitation is important, Prof. Jaffee said. Four students appointed by Mr. Arnett serve on the Placement committee. One of them, Rob~rt Russell, de~cribed the com-mittee's activities: "Its main function is to provide Career Night. This involves calling prospective employers, such as law firms, corporations and government agencies. The committee is also in charge of giving a · banquet for the guest employers, which is held on Career Night." No future meetings of this committee are planned. However, Mr. Russell remarked, "We have discussed working in some way with the Placement Office in the future, but no real plans have been made. The committee and the Placement Office work hand-in-hand. Of course, Judge (Marlin) Volz is very involved in our work. " The only other faculty committee on which students serve is the Library committee. This committee has not been active, according to Ken Kasacavage and Lee Hoefling, two of the three student representatives. According to Mr. Hoefling, who was appointed to the committee last year as well as this year, there have been no meetings of the committee in two years. The student representatives asked Librarian Gene Teitelbaum, who chaired the committee, to scpedule a meeting last year, but it was never done. Mr. Kasacavage noted that the student members of the committee have spoken together informally several times to identify problems which should be directed to the full committee. Professor Scott Thomson, who now heads the committee, has not resisted calling a committee meeting. In fact, a meeting was held on Wednesday, Nov. 15. The results of that meeting were not available before the deadline for this issue. The job of the committee, according to Mr. Kasacavage, is not to decide on acquisitions but to "designate problem areas of the library and to attain full use of the facilities with a view toward making the ··· ······· ··· ·· library a better place for students in the future." The strong and weak points of the library, the limited access to restricted areas on weekends and at night, and the attitudinal problems of students using the library, evidenced by their failure to reshelve books, are matters that he feels ought to be discussed. Mr. Hoefling agreed that these are the types of problems that the cqwmittee should be discussing. He seriously questioned, however, whether discussion would make any difference. Mr. Hoefling pointed out, "I'm totally disenchanted. There's no future in it. The committee has no binding power, as it was explained to me. It is purely advisory. The law librarian could ignore what the committee says. If our role is just advisory, to some extent that has happened. That is, we've told Mr. Teitelbaum what we think. If there is supposed to be true involvement in policy-making, I haven't seen it." "It's Mr. Teitelbaum's library," Mr. Hoefling continued. "Nobody can tell him what to do with it. He can't expect us to come into his library and obey his rules if he never asks what we think. There will be books on the tables, trash all around, until students feel that it is their library. It's an attitude problem, maybe on both sides." Mr. Kasacavage said that students who have questions that they would like to bring to the attention of the Library committee should contact one of the student representatives or use the library complaint book. There are presently no students serving on the Admissions, Continuing Legal Education, Development, Faculty Recruitment, Personnel, and Reinstatement and Probation committees. Mr. Arnett said that he would like to have a student appointed to the Adrrissions committee and to get a student involved in the panel which rules on grievances. ABA Inspection Team Visits An American Bar Association inspection team was at the School of Law from October 25 to October 28. The members of the inspection team were Willard D. Lorensen, Dean of the West Virginia University College of Law; Michael Jon Kindred, Associate Dean of the Ohio State University College of Law; and Ruth Wright Wilkins, Librarian of the University of Utah College of Law. During their visit to the school, the team members toured the facilities and met with the deans, faculty members, school alumni, student representatives, and university officials. The team also held a forum which was open to all interested members of the student body. The inspection team will report their fmdings to the Accreditation Committee of the Council of the Section on Legal Education and Admissions to the Bar of the ABA. This report will then be considered at the Accreditation Committee's meeting in February 1979. MICHIE 71ft~ BOBBS-MERRILL . Bobbs-Merrill publishes the Official Edition of the Kentucky Revised Statutes which is professionally presented in 20 permanently bound volumes reflecting the highest standards and tradition of law book publishing. Its extensive and easy to use annotations, which are read by the_ judges, were written by experienced lawyer-editors who carefully checked every statute to insure that all cases which have cited, applied or construed that statute are annotated under the text of the statute. Any student who will practice law in the state of Kentucky may have the entire set for no more than ten dollars per month with no interest or carrying charge. Similar terms are available for all attorneys: Jim Schult~ ' · Sales Represent tive 821 Skylark Dr ve Louisville, Kentuc y 40223 (502) 583-887 4 or 425-0834 • 4 Louisville Law Examiner, November 21, 1978 Faculty Engages I• n Wide Range of Legal Writing by Elizabetb Ward Schuyler Olt and Greg Yopp Have you ever stopped to consider what faculty members of a law school do when they are not preparing for and instructing a class? As it turns out, quite a few faculty members of the University of Louisville School of Law spend a great deal of their "extra" time doing legal research and writing . When presented with an open question concerning publishing by the law faculty, Dean Harold Wren said that law faculty publishing is very important to the school and that he is anxious for every member to produce as much as possible. He added, however, that U of L is not a "publish or perish" school. "It's a matter of priorities. Teaching comes first, we want to make it the best we can. Beyond that, we want to encourage as much creativity as we can.'' Dean Wren went on to say that he is very proud of the faculty's research and writing efforts, "but that is not to say we are satisfied. Some day we'll get to the point where we'll be known for our research as well as our teaching." Following is a brief summary of current and recent writing projects undertaken by faculty members of University of Louisville School of Law. Prof. Abramson Last May, Associate Professor Leslie W. Abramson completed a manuscript on criminal detainers. The manuscript is presently untitled, but has been accepted for publishing by both West Publishing Company and Ballinger Books, a subsidiary of Harper and Row. Prof. Abramson said he has not decided who will be the publisher. Prof. Abramson has also recently completed a book review of Exclusionary I justice, by Steven R. Schlesinger. The review is to be published in "Crime and Delinquency" next year. Prof. Abramson, with the help of his research assistant Matt Livingood, is currently doing research for two more articles. One article, according to Prof. Abramson, will examine about six decisions of the Supreme Court handed down last June that concern the Fifth Amendment prohibition on double jeopardy. The other project involves a review and analysis of cases decided during the last three years under the Speedy Trial Act of 1974. Dean Lay Associate Dean Norvie L. Lay has recently completed a paper entitled "Federal Tax Impact on Estate Planning Affecting Land Holding." Dean Lay presented the paper to the Lincoln Institute of Land Policy Colloquium on Federal Taxation and Land Use at Cambridge, Mass. Dean Lay described the gathering as a "symposium of lawyers and economists." The paper will be published in the proceedings of the institute, which should be available this month. Prof. Levy Associate Professor Martin R. Levy is currently writing four separate articles for various law reviews. The articles deal with topics ranging from the proposal of a new statute concerned with childnapping, to the extension of husband-wife evidentiary privilege to unmarried couples. "Psychological Parentage: A Natural Right," written with the assistance of Jack Meunch, a graduate of the School of Law, is slated as the lead article of an upcoming edition of the Villanova Law Review. The article is concerned primarily with the removal of children from foster homes by their natural parents. This has been an area of slowly evolving case law, and it is hoped that the article will provide impetus for court action. Prof. Levy is also working with Debbie Zegart on an article about child-napping by parents out of custody. The article proposes a new uniform statute which makes child-napping analagous to a charge of possession of stolen goods. The article is entitled, "Child-Napping: A Continuous Offense" and will be submitted to the Family Law Quarterly. Prof. Levy's third article, "Juvenile Waiver of Miranda Rights," will be published in the Pepperdine Law Journal. The article was written with the help of William Danner and Larry Phillips. It deals with the waiver of Miranda rights by juveniles, arguing that there should be no waiver of such rights without consultation with an adult or counsel. "Extending the Husband-Wife Evidentiary Privilege to Unmarried Couples" is to be published by the Family Law Quarterly. Mike Morris is aiding Prof. Levy on the project. Prof. Levy characterizes his work as being "a creative type law reform with little compilation,'' and says he works "when the ideas come." Prof. Volz Professor Marlin Volz is co-author and General Editor of Volumes 8 and 9 of West's Federal Practice Manual. These two volumes, along with Volume 10, will be published by West in 1979. Prof. Volz is also currently completing the rewriting of Volume 7 of West's Federal Practice Manual, which will also be published in 1979. Prof. Volz is co-author of Peterson, Rossmiller & Volz, The Law and Public School Operation, and the edition which was published by Harper and Row earlier this year. In addition to these efforts, Prof. Volz has contributed a chapter on "Health and Medical Issues in Arbitration" for a book to be published by the Bureau of National Affairs, completed a 250 page manuscript on Kentucky probate practice to be published by Banks-Baldwin, and has written a chapter on the smaU claims division · of the Kentucky district courts which will be included in a volume to be published by Banks-Baldwin in late 1978 or early 1979. Prof. Read Professor William Read has written a 750-page manuscript called Corporate Officers and Directors~ Deskbook with Model Documents, Agreements, and Forms. It is currently being published by Prentice-Hall and will be available in the spring of next year for $40. Prentice-Hall asked Prof. Read to write this book for use with their textbook to promote understanding in the field of corporations. The books are also intended for use by officers and directors of business organizations preparing to make legal and ethical decisions. The manuscript is written in a practical form and has no footnotes. It includes model documents and appendices, and a checklist at the end of each chapter to permit self-evaluation and provide an easy reference. · The book is an outgrowth of Prof. Read's teaching in corporations and business torts. Prof. Read stated that the profits he received from his writing are not all monetary: "The percentage I receive from the sales is not as important. .. I wanted to get down on paper what I've learned of the various experiences I've had, and to sharpen my own thinking. The writing was profitable because of the satisfaction I've gotten. Things we care about, we do because we want to, not for the money. It's a happy situation where you can enjoy what you're doing and get money for it · " Prof. Warns Professor Carl Warns and his research assistant, Anne Payne, are ~urrently coauthoring an article for the Kentucky Law Journal on the role of boards of inquiry in national emergency dispute settlements. The article is about half completed and should be published sometime next year. Earlier this year, President Carter named Prof. Warns to the three-member board of inquiry to advise him about invoking the Taft-Hartley~ Act to end the coal strike. When the strike was over, Prof. Warns said that UK contacted him about doing this specific article because of his "having been intimately involved." In the article, Prof. Warns stresses that some revision in the role of the board of inquiry is necessary, indicating they should be "brought up to date in light of our development in this area." Prof. Petrilli Professor Ralph S. Petrilli is currently completing a manuscript for a volume to be called Tax Aspects of Divorce Settle-ments. Prof. Petrilli is doing half of the volume on the income tax aspect of the divorce settlement and Professor Wenig, · a law professor at St. John's University in New York, is preparing half of the volume on transfer of property, community property and various other aspects. The completed volume will be part of a set to be published by West Publishing Company. Prof. Volz is the overall editor of the set. Prof. Petrilli has also recently completed his 1977 supplement to his book, Kentucky Family Law. The Family Law book was written before the no-fault dissolution statute, and the latest supplement discusses the statute and its affects on family law. "I'm pleased with its reception," said Prof. Petrilli. "It was the first academic critical analysis of the no-fault statute; the one place lawyers could look in Kentucky (for guidance).'' When asked about writing in general, Prof. Petrilli replied, "You make time if you are going to write a book. We are encouraged to write with the suggestion that it is part of our professional responsibility to do some writing of some sort. A certain indirect pressure is there but not 'publish or 'perish.' You simply decide to write something and fit it in, an hour here and there, in between classes." "You get royalties, but royalties are generally small unless the book hits the national market, becomes a best seller. Royalties aren't large enough to say you'd write for the money. I write partly for the money ... for status in the profession, and as part of my professional responsibility to become known. But primarily (I write) to increase the quality of the school and its image through the nation." Parking Refunds December graduates and other students who do not return for the spring semester can get a $10.00 refund on parking stickers which were purchased this fall. To get the refund, scrape the sticker off the car and take the pieces to the office of the U of L Department of Public Safety. Make note of the sticker number before scraping it off. Requests for refunds will be taken between Dec. I, 1978 and Jan. 15, 1979. Refunds will be returned by mail. BALSAS Bakke Seminar Panel discusses impact of decision on school admission unn:t,uur·r~. From left to right: Dean Harold G. Wren; Prof. Albert T. Quick; Mr. Gerald Neal; Ms. and Prof. Martin Levy. Not Pictured: Panel member Mr. MacArthur Darby. Louisville Law Examiner, November 21, 1978 5 Aquatic Excellence via Socratic Method by Charles Walden (The following is a fair transcription of a Law Examiner Staff interview conducted at pool side with world famous swimming coach Socraticus Oblique Blackrock who gave up law professing 10 years ago to test his theory that probing questions can be used to teach even basic physical skills. He calls his approach the "Socratic Method." The interview is edited only for length.) EXAMINER STAFF QUESTION (ESQ): Tell us, coach, is that a life jacket you're wearing? SOCRATICUS OBLIQUE BLACKROCK (SOB): That question is both irrelevant and time consuming. We have more important things to talk about. ESQ: But is it true that you teach swimming but can't swim? SOB: Please. If you must pursue that line of questioning see me after class. It is enough to say that one need not necessarily have to be able to swim to teach s·wimming. One need never have swum. One need know only how to teach. I know how to teach. I search only for that student who can learn as I teach. . . · ESQ: Thank you. Is this a new class you have here? SOB: If you mean the word "this" to describe the group of young men and women around the pool, then I have them here. If you mean the word "new" to describe the relative inexperience with the Socratic Method the "this" you referred to has, then "new" is a proper modifier. If you use the word "class" to mean some organized association dedicated to a single purpose-that of learning to swim then I might (note that I said might rather than hall or would) argue that each may think that is why he or she is here, and in that meaning each taken together is a class. But, as each he and she will soon discover under my probing questions, each is an individual subject to individual fears, frailties, flatulence, and each will fail or succeed as an individual with .. . ESQ: Are you trying to say yes? SOB: That's a good question, but you should perhaps ask ... ESQ: Please explain your basic Socratic Method for teaching swimming. SOB: It is quite simple. I seek out individuals who each believe that he or she wants to swim, who each believe that he or she is capable of learning to swim and who each place his or her faith in my abilities to teach each to swim. Given these factors, I simply place each individual in a situation where he or she must swim or sink. Or is that sink or swim? No matter. .. News-in-Brief The Editorial Board of the Journal of Family Law has elected the following students to Staff Editor positions: J. Michael Jarboe and John McCarty, Assistant Notes Editors; Jerome A. Mirabito, Assistant Recent Cases Editor; and Jennifer M. Payton, Assistant Articles Editor. The School of Law will conduct a telethon to raise money for the school during the week after Thanksgiving. A group of 12 "captains" have begun to recruit callers, including students, to contact U of L School of Law alumni across the country. Donors will be able to designate money to be used for specific purposes; otherwise, donations will go into a fund to be used at the dean's discretion. University officials have assured the law school· that these donations will not result in a reduction of funds given to the School of Law from general university sources, Dean Harold G. Wren said. good. Now, let's swim. First, I want you to take a deep breath. That's good, Holmes. But do you think it might be more effective to breathe with your head above water? Let me restate your problem. You are approximately five-feet-ten-inches tall. The water is 10 feet deep. You are now lying"'on the bottom of the pool with the air approximately nine-and-one-half feet above where your head wobbles on the current. Can you think of any way to get closer to the air? That's correct. Now that you are standing on the bottom, how far do you think you are from air? A little more than four feet, I believe would be more exact, Mr. Holmes. Good kick, Holmes, very good. You almost made it. Ms. Fegenbush? Is Ms. Fegenbush here? Voice: I'm not prepared. SOB: (growing weary) Is anyone prepared? Voice: Me. I am. I cando.it. SOB: Well, okay. Splash! splash! splash!. .. etc. SOB: Very good. See class. See Law Examiner Staff Questioners. See how well individuals can learn by examining the tentative efforts of others and by each questioning his or her self under my guidance cut to the very essence of swimming. You, in the water, you may give me your name after class for extra credit. ,. ( ( ' ' ) ' ) ) ) Voice: It's Spitz, sir. Mark Spitz. il ESQ: Maybe you could show us before it gets dark. SOB: That's the beauty of my system. It makes no difference whether it is day or night so long as each individual can hear my voice, respond to my questions ... ESQ: Maybe you could show us before the Johnny Carson Show. SOB: Certainly. Smith. Is Smith here? Gooct". Jump. Voice from darkness: I'm sorry. I don't think I'm prepared. SOB: You mean, don't you Smith, that you will not learn to swim? Cartwright. Splash! SOB: Very good, Cartwright. Now that you are over your head in 10 feet of water, what do you think you should do next? Cartwright: Don't make waves. SOB: Wrong. That would be a proper answer if you were on your tiptoes and chin deep in a urinal. You are over your head in 10 feet of clean, chlorinated water. Carter. Is Carter here? Splash! SOB: Very good, Carter. Holmes: I'm not Carter. I'm Holmes. Some bastard pushed me. SOB: Perhaps you should be more interested in the immediate problem than in your particular identity crisis. Names, after all, are only labels. Tell me, person labeled Holmes, what do you think you should do next? Holmes: Kill the bastard who pushed me in. SOB: That might do as a long range objective, Holmes. But how do you propose to kill this individual you allege is a bastard while you are over your head in 10 feet of water; you cag't swim; and your unnamed adversary is quite safe and standing here on concrete five feet from the water's edge? Holmes: It was you, you SOB. You pushed me. SOB: Very good, Holmes. Very, very SOB: Very good, Spitz. But don't you think you should kick your legs separately and move your arms kind of like you are crawling instead of lurching out like that with both arms at the same time? ESQ: Excuse me, coach. But wouldn't you consider this something of a disaster? At least two of your young students have drowned during the first session, and most of the others are either sobbing outright or cringing behind the beach balls. SOB: I know what you're talking about. I've run into that survival rate S) home before. But I'll tell you one thing f, sure. Those who learn to swim by the S" ... ratic . Method know how to swim. That's a perfect syllogism. Just look at that Spritz go, even if he is moving his arms wrong and kicking with his legs together like some dolphin. At least he's learned to breathe in the water, and that is very important. ESQ: But he is an Olympic champion. He won seven gold medals for swimming at the 1972 Olympics. SOB: I believe that proves my point. And as further proof I would suggest. .. Splash! And thus concludes an exclusive ESQ interview with Coach Blackrock bobbing off into the sunrise, his life jacket tucked ever so comfortably under his chinny-chin-chin. WOODY'S TAVERN &ALE GARDEN brook & burnett ~ J.JJI'. ~~ ~" ~/ ~WOOD'( • • 6 Loui ille _t~w' Exami nh;N ove'mber'21, :i978 '' ;, i Committee Studies Bar Results A special ad hoc commitee has been established at the School of Law to analyze the performance of U of L graduates on the July 1978 Kentucky Bar Examination. The failure rate for U of L graduates on the July 1978 examination was 30 percent, the highest failure rate in recent years for U of L graduates and the highest failure rate among the state's three law schools on the most recent examination. The chairman of the committee is Associate Professor Leslie W. Abramson. Other members of the committee are Associate Professor Albert T. Quick, Associate Dean Steven R. Smith, secondyear students Bruce Dudley and Jim Seiffert, and third-year student Scott Preston. Prof. Abramson said that the short-term goal of the committee is to give U of L students who plan to take the February examination "as clear an indication as possible what they should and should not do" to prepare for the examination. Beyond that, the committee hopes to arrive at some conclusions based on data they are currently compiling and to recommend changes, if appropriate, to the faculty concerning the admissions process and/ or legal education process at the School of Law, according to Prof. Abramson. A group of about a dozen second- and third-year students are assisting the committee by placing telephone calls to U of L School of Law graduates who took the J uly examination and asking the graduates questions about their preparation for the ~am, the number of hours per week they worked in outside employment both during school and prior to taking the exam, how well their education at the School of Law prepared them for the exam, and what they found to be surprising about the exam. The committee hopes to draw correlations between the responses of the applicants and their performance on the bar examination. The conclusions reached by the committee will be reported in the Examiner next semester as soon as they are made available. Any U of L graduate who took the July bar examination but has not yet been contacted by the committee is requested to contact Prof. Abramson at the School of Law. Office telephone: (502) 588-6385. Counseling Center Service Rarely Used by Law Students by Rick Masters or wives seem to place studies first on their list of priorities." He went on to say that, Although the University of Louisville "The divorce rate in graduate school is maintains a free comprehensive counsel- unusually high." ing facility staffed by a clinical psycholo- Due to the high concentration of prob-gist, two Ph.D. psychologists and two !ems in this area the Counseling Center of-psychiatrists, law students in general have fers a variety of pre-marital and marital not taken advantage of its program. counseling. programs for individuals as well According to Michael Meuler, a clinical as couples, who are married or seriously psychologist at the Counseling Center, over dating, with advice directed toward learna recent three-year periocl fewer than 10 ing_how to cope-.with..the inevitable adjust= law students have made use of the variety ment problems which arise. A program of services offered. In contrast, during the along these lines was presented by the same period over twice as many dental stu- Counseling Center staff to law student dents and more than one hundred medical spouses earlier in the semester. students visited the Center. Mr. Meuler Since final exams are just around the cited several possible reasons to explain corner, I asked Mr. Meuler for some this difference as well as the relatively general information concerning the avoidmoderate use of the facility by under- ance of test anxiety. He commented that graduates. He stated that, "The rather an important goal in preparing to taken an strict religious backgrounds of many area examination is relaxation and anxiety students are incompatible, in their minds, control. He says these are learned skills with the whole idea of psychological like any others and that with practice one counseling, at least on the surface." He can improve his/her ability. Mr. Meuler said, "Many students have the mistaken says that many students approach exams view of the psychotherapist as one who ad- telling themselves that they won't know vises you to do everything your religious the answers and won't be able to respond convictions tell you not to do. • • when they take the exams, and sure enough, Another factor which perhaps accounts they react just as planned. He emphasizes, for the majority of decisions not to use the "We must realize that it is not the stress counseling services cited by Mr. Meuler is which is the problem, but our reaction to the basic misconception most people still it." seem to hold about the nature of psycho- The Counseling Center is located at 2207 logical counseling. Mr. Meuler said he South Brook Street next to the University thinks, "Many students believe you have to Post Office. It is open Monday through be a nut to seek counseling." Friday from 8: 30a.m. to 4:30 p.m. with Mr. Meuler stated that the Counseling after-hours emergency service available by Center has made extensive use of the calling 555-61 11. media, including radio and television ads, in efforts to encourage student participation, all with little success. He went on to say that occasionally the Center has been " overcrowded" with regard to certain programs, but that such heavy usage is sporadic. For instance, it is very difficult for the Center to arouse much student interest in a U of L Alumni Salutes Law School byGregYopp test anxiety control group in the early part The University of Louisville Alumni of the semester, but interest increases with Association will be saluting the School of the realization of the inevitable. Law and its alumni during the University When asked about the primary types of of Louisville v. Idaho basketball game on problems for which law students sought help December 9. The game is set for 8:00p.m. from the Counseling Center, Mr. Meuler at Freedom Hall. replied that he couldn't get too specific, for Ron Saunders of the University's Alumni fear of violating the strict confidentiality Services Office said this is a new program maintained with regard to all students who that "will provide visibility for the visit the Center. However, he did point out School." Highlights of the salute include a that law students, like the majority of reception before the game for key figures in ·graduate students, experience most of their the Alumni Association, an article concerndifficulties in the area of marital problems. ing the School of Law in the game program, He said, "Usuall}::.the.~Oll&eS .of g.raquat.e _ ;~n,d .. a radio. interview with Dean Harold students feel cheated because the husbands Wren at half-time. Summer 1978 Bar Results People Taking Number Percentage Bar Exam Passing Passing University of Louisville School of Law 116 82 70 Salmon P. Chase College of Law 86 66 76 University of Kentucky College of Law 99 85 85 Out of State Law Schools 54 44 81 TOTALS 355 277 78 U of L Graduates Admitted to the Bar Stuart Edgar Alexander, III Larry Ray Anderson Robert Gates Bardin David Alvin Bell Gary Allen Benford Bennett Lee Bertoli Michael Lee Boylan Robert Joseph Brand Bonnie Maryetta Brown Gary Wayne Brown William Rodes Brown Christopher Duncan Bryant Kathryn Burke John Gregory Burton Richard N. Bush Lynn Marie Bynum David Larkin Chenault Vivian S. Clingenpeel Travis Lee Cochran Dennis Joseph Conniff Jeffrey Paul Consolo Donald Wesley Cottrell Elgin Lewis Crull Kathleen Cunningham Gus G. Daleure, Jr. Mark Wesley Dobbins Steven Douglas Downey Mary Camille Erwin Thomas E. Ewen John Reed Fendley Daniel Richard Fuller David Randall Gibson Thomas Larkin Gilmore Guy Mil wee Graves Bruce Patrick Hackett Julia Peters Hagan Evelyn S. Harris Charles Thomas Hectus Douglas Craig Holland Cheryl S. Karp Marshall F. Kaufman, III JAMES P. QUEENAN 2509 Savannah Road Louisville, KY 40222 (502) 425-2174 THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY II II LCp Daniel Carroll Kelly, III David Randall Kemplin William David Kiser Robert Mark Klein Susan S. Krutzler Robert Ashton Lee Edwin C. Lester Marcia Louise MacHarg Raymond Dale McCall Joseph G. McCauley Bryan Scott McCoy Mary Alice Maple Mark Louis Miller Allen Lloyd Morris Thomas Arnold Mulhall Charles S. Musson Joseph F. Neary William Kenneth Nevitt James David Niehaus John Douglas Nunn Dorothy Elder O'Brien William P. O'Brien Ruth Gibson Oliphant Theodore Michael Pappas Anne Tilford Payne Kenneth Craig Plotnik Tommy David Price Constance Elaine Rev lett William Brent Rice Christopher Peel Rivers Dennis Howard Shaw Richard Howard Shuster Ronald Steven Smith William Kevin Smith Arthur J . Steil berg, J r. Patricia Gail Walker HalM. Warheim Michael Dawson Warren Virginia C. Whittinghill Stephen Read Zollner Drafting Pleadings AM JUR PLEADING AND PRAC· TICE FORMS, Revised. Here are model practice forms for every stage of a proceeding, from pretrial through jury instruction to appeal. The forms - over 27,000 of them - are grouped under 361 modern legal topics. A fact-word index in each volume and a General Index provide exhaustive indexing for the entire set. .. so you can find the right form in minutes. 0 forms carefully selected from court records and the files of qualified practitioners in every jurisdiction 0 concise text statements of governing legal principles. 0 hundreds of jury instructions 0 references to pertinent local statutes and procedural rules Loui~>ville Law E"iaminer, November 21, l978. 1 7 ; Diploma Privilege Recognized by Susan Barnett To all of you who are looking with dread at the impending bar exam, to all of you who are worried because of the failure rate on the last Kentucky bar, to all of you who have said at least once, "I hope I can learn something about that in the bar review," here's a cheery thought: There are states that do not require a bar examination for admission to the practice of law. Unfortunately, Kentucky is not one of them. either is Indiana. In fact, there are only five states that have a "diploma privilege" or a waiver of the bar exam for law school graduates. They are Mississippi, Montana, South Dakota, West Virginia and Wisconsin. Before you rent a U-Haul and head out for the state of your choice, consider the hitch to this deal. You're going to have to take law school o er again to be able to qualify for the diploma privilege. ~ orth it? You be the judge. It ought to be less hassle the second time. You've already got outlines, from someone. The five states which have a diploma privilege limit it to graduates of schools within their borders. The choices are University of Mississippi, University of Montana at MissOllla, University of South Dakota, West Virginia University or any law school in Wisconsin which is accreditated by the American Bar Association at the time of graduation. In four of the states, the diploma is all you will need to satisfy the educational requirement for admission. But, in Wisconsin there eems to be some feeling that the~e are certain things a lawyer should no". The tatute there spell out certain subjects which must be completed successfully and others which may be included. e t onsm tatute al o allows a law school to require practical training as a prerequisite to certification for admission on the diploma privilege. Imagine giving a law school the power to require it graduates to know how to practice Ia before being admitted to practice! By the way, waiver of the bar exam does not include waiver of the requirement of good moral character. In 1890, 16 states had a diploma privilege. But these five states are not just stubbornly hanging on to a si'mpler time. In fact, South Dakota first adopted its dioloma privilege in 1973. That the wisdom of using the bar exam as the criterion for admission to practice is still in question was displayed this summer in New York City at a meeting of the Law Student Division of the American Bar Association. At that meeting there was a panel discussion entitled, "The Future of the Bar Examination." All the panelists, who were law school professors, deans or bar examiners, agreed that the exam had a future. Not everyone agreed that's good. Basically, these were the arguments against the bar examination: First, there is a direct relation between performance in law school and performance on the bar. The bar is therefore essentially redundant. If law schools will crack down on students, only those who are qualified to be admitted to the bar will graduate. If that's too much to swallow, a compromise position was suggested. Let the top 50 percent of the class have a diploma privilege. One professor indicated it would be refreshing to see students coming to class again, prepared, competing for the top 50 percent ranking. Second, the bar exam is designed and graded in many states by people who know nothing about testing. Third, related to the first argument, the same can be accomplished in a fairer and less burdensome way. More can be required of the law schools through accreditation requirements, which will assure qualified graduates. And fourth, the bar exam is an inexcusable, high-pressure "hazing of the pledges" which proves nothing. Also, illness or other temporary condition might cause failure. The majority, to no one's surprise or pleasure, favored the bar exam. Here are the a_rguments: Danny Karem, member of the CONTRABAND, running with the football during a recent graduate league intramural football game. The league championship was won by the FORECLOSURES, another law school team captained by Norm "Stormin' Norman" Roelke. Alumni Plan Trip to Game The Alumni Association of the School of Law is planning a bus trip to Cincinnati for the University of Louisville v. Cincinnati basketball game on January 18, 1979. Two chartered coaches will leave Fairgrounds Stadium about 2:30 p.m. The cost per person is $19.00 which includes transportation, game ticket, and dinner at Stouffer's in downtown Cincinnati. There will be a cocktail reception with cash bar at 5:00 p.m., dinner at 6, and the game starts at 8:00. The buses will return to Louisville following the game. _ To make reservations for the trip to Cincinnati, contact Kathy Carpenter at the . University's Alumni Services Office, (502) 588-6186. Reservations must be made by January 8. The Kentucky Department of Education rec:;;; ~ponsored a seminar on Law-Related Education in which U of L law school students assisted. Mark Sullivan is shown here directing a mock trial. Also participating was Alphonso O'Neill-White. First, the profession requires certain minimum standards of its participants that law schools may not require. The focus of the law schools is different from that of the profession. Not all law schools are the same. The profession· is also concerned that law graduates be able to assimilate all the small parts they have learned into the whole called legal thinking. Second, to tell the law schools how to run their businesses is an infringement on academic freedom. No one can force a torts professor to teach assumption of risk if he thinks it's not important. But the bar wants to be sure that its members know about the doctrine. Third (developed from the second), the bar exam, when well-designed, will be a learning experience. Try very hard to remember that! Finally, there is nothing wrong with pressure. The bar exam is less pressure than the actual practice of law. Of course, if you don't pass the bar you'll never know whether that's true. But don't think about that. Think of all the education you are getting because you are allowed to take a bar exam. Of course, the reason we have a bar exam in Kentucky may be a little different. In 1968, a bill was introduced in the House which would have abolished the bar exam for UK and U of L law graduates. The bill, H.B. 169, was introduced by Rep. Will K. Peace (R.-Williamsburg), who was acting in behalf of a veteran who had graduated from UK in 1966 and twice failed the bar.· As reported at the time in the U of L law school newspaper, The Louisville Lawyer, H.B. 169 was tabled by the "voices of reaction and fear." The House rejected an argument by Speaker Pro Tempore Terry McBrayer (D.-Greenup) that law professors, after three years of observing the student, have a better foundation on which to judge who is qualified to practice law than bar examiners can get in a few days of testing. Maybe distrust of law professors was at work! One report in The Louisville Lawyer · seemed to think so. (Admittedly, the report was written by a student. The other article in the issue on the subject, written by· Dean James Merritt, did not mention this_ as a reason for the bill's failure. Choose your own authority.) In the story headed "Commie Plot Beaten," the newspaper quoted a declaration of Rep. I.C. James (D.-Harrodsburg), who said, "As long as these professors are a bunch of Communists and counsel our students to break the laws of our great country, we don't want them deciding who our lawyers are going to be." We all know- that the reference is not to U of L professors. U of L has an outstanding faculty, according to a study recently approved by the faculty. Rep. James apparently referred to a UK law professor who had been counseling draft-eligible men on their legal rights. Now that really gives you something to think about while you ponder the impending doom. The Key Number System takes you from one case in any law book to all cases in point Take a cited opinion . Check the Table of Cases in your Key Number Digest. There you'll find the Key Number that classifies that case and all others in point. And this method works even when you begin with cases from books not based on the Key Number System. That's one way the compatible Key Number System makes your library more valuable, more useful. Find out how you can put it to work too, today. 0. K. CURRY, JR. B. S. University of Kentucky J. D. University of Kentucky WEST PUBLISHING COMPANY Sales Representative Phone: 502/584/5058 • 8 Louisville Law Examiner, November 21, 1978 Edwin 0. Davis Awards Honor Top Scholars by Valerie Salven Mrs. Edwin 0 . Davis remembers her husband as a man who was "always interested in young people, as students, putting out so much effort to become attorneys." After Edwin 0. Davis died of a stroke in 1972, Mrs. Davis and daughter, Lisa Davis Egger, decided that giving an award each year to students who excel in the classroom while at the School of Law would be an appropriate way to memorialize Mr. Davis and his concern for law students. In 1974 the Edwin 0. Davis awards were established, and as a result the valedictorian and salutatorian of each graduating class of the School of Law now receive $100 and $50 respectively, in recognition of their scholastic achievement. Edwin 0. Davis was born on April 1, 1913, in Paducah, Kentucky. His father was the owner of a hosiery mill in Paducah, and was credited with the invention of a device called the "Hepworth Looper." (The "Hepworth Looper'.' turned the heel in stockings mechanically; this job formerly had to be done by hand.) After graduation from Paducah Tilghman High School, Mr. Davis worked as a commercial artist in Louisville until the flood of 1937 destroyed his office. At that point, he decided that he might as well pursue his ambition to become an attorney, and he enrolled in the Jefferson School of Law. Mr. Davis continued to maintain a substantial work schedule while he was in law school, and worked as an engineer for the Work Progress Administration (WPA) during his first year of law school. He passed the bar examination during his second year of law school (students were permitted to take the bar examination prior to graduation at that time), and he then began taking on legal work and research from other attorneys. The following year, 1940, he graduated Cum Laude from the Jefferson School of Law and went into private practice in the law offices of Edward J. Hogan. In 1944, he entered into a partnership with two brothers, Leland M. Mahan and Armer H. Mahan, under the firm name of Mahan, Davis and Mahan. Mr. Davis also taught the subjects of insurance and torts at the Jefferson School of Law until it merged with the University of Louisville School of Law in 1950. Mr. Davis continued his practice in the firm of Mahan, Davis and Mahan, specializing in civil trial work. He was asked to become a fellow of the American College of Trial Attorneys in 1965. The firm name was changed to Davis and Mahan after Leland's death in 1953, and the firm continues under that name today. Mr. Davis married Mary Handlin Duely in 1941. Mrs. Davis described her husband as someone who was "always busy." He read extensively, she said, and accumulated a sizeable library in their home. When he left his law office, Mr. Davis pursued a number of interests. He taught himself woodworking, Mrs. Davis said, and made many pieces of furniture- including desks, chairs, sofas and chestsfor their Jefferscn County home. He also designed and worked on most of the interior of their home. Photography was another hobby that interested Mr. Davis, and his photographs could be found on display throughout his house. Mr. Davis' sister, the present Mrs. Ernest F. Turnbow, still lives in Louisville, as do his daughter and Mrs. Davis. The Edwin 0 . Davis Awards, Mrs. Davis said, were established as a way to "recognize excellence," and to gjve recognition to students who "worked so hard and accomplished so much." CALENDAR OF EVENTS Nov.17-18 Continuing Legal Education: University of Kentucky College of Law; Law Office Management. Nov. 23-26 Thanksgiving Holiday Dec. 1 Continuing Legal Education: University of Louisville School of Law; Federal Wage and Hour-Unemployment Compensation, The Galt House, Louisville, 9:00a.m. to 5:30p.m. Dec. 2-15 Examination Period Dec. 8 Continuing Legal Education: University of Louisville School of Law; Twenty-First Annual Tax Institute Dec. 8 Continuing Legal Education: University of Louisville School of Law; Right to Speedy Trial and Prosecuting and Defending Drug Cases, The Galt House, Louisville, 9:00 a.m. to 5:30p.m. Dec. 15-16 Continuing Legal Education: University of Kentucky College of Law; Domestic Relations. Louisville Law Examiner School of Law University of Louisville Louisville, Kentucky 40208 j .... v !5 0 John M. Harlan Louis D. Brandeis Louisville Law Examiner Volume 4 umber 4 ovember 21, 1978 Class Rankings cause confusion .. . page 1 Learn to Swim by the Socratic Method .. . page 5 The annual University of Louisville School of Law "Career Night" was held at the School of Law this year on Wednesday, October 18. Over 45 representatives of private law firms, banks, corporations and government agencies visited the School of Law to talk to students about the job opportunities in their respective areas of specialization. At right, Ferd Lotz discusses job opportunities with the Internal Revenue Service.
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Title | Louisville Law Examiner 4.4, November 21, 1978 |
Alternative Title | Law Student Publications |
Contributors | University of Louisville. School of Law |
Description | The Louisville Law Examiner (1975-1991) was the second of three official University of Louisville School of Law student publications. |
Searchable Text | Louisville Law Examiner Volume 4, Number 4 Method of Class Ranking Questioned by Shelby Lee Over the past decade spiralling grade inflation has permeated the Aq1erican education system. This trend is of particular concern to the student from a C-curve institution, such as the University of Louisville School of Law, when competing for employment with an individual from a Bcurve school. The prospective employer no longer is able to assess accurately a student's performance through a consideration of his grade point average (G.P.A.) alone. A partial solution to this has been found in greater reliance on class rankings. Associate Dean Steven R. Smith feels that "big city employers have more of a tradition of paying attention to rank. I think government practices would probably follow the same pattern of placing emphasis on class rank. One of the reasons is that in a lot of schools there is such grade inflation that you can't tell anything." For purposes of class standings at the U of L Law School, there are currently two separate rankings maintained. One is for day students, the other for evening. Within each, students are measured against those with a comparable number of hours: One-28 hours, 29-56 hours, and 57-84 hours. Each graduate is gauged against others completing law school at that time, again divided into day and evening tables. Dean Smith disclosed that ''There has been some discussion of combination, but we haven't gone to a generally combined schedule yet. We have talked about it to the point that we are very serious about it, but it just has not been implemented." He views the ranking procedure as essentially an administrative function among the three Deans (Wren, Lay, and Smith); however, "as with virtually any administrative decision the faculty can override." Several students have recently voiced concern to the administration that before merger is put into effect there should be examination of consistency between day and evening standards. As one interested student indicated, "this is not a question of resentment between day and night students if consistency exists. However, day students compete against each other for three years; sections are changed annually to give the day person an exposure to a weater number of students than in the evening division. For the most part, evening students are in direct competition only among themselves. Therefore, unless consistency of all standards can be shown, questions remain regarding the legitimacy of merger.'' Another mentioned that "everybody is ranked, so it affects everybody. In many instances getting a job depends on class rankings. To us it's our economic welfare." In response, Dean Smith emphasized, "if there is one law school here, why should rankings be calculated separately Serving The University of Louisville School of Law Community Circulation 3800 { .. .,~-- ... ~-- .. Agle Justus" , a lonJ bloqrass band composed mainly of law studeats, lias made regular appearances at Woody's Tavern tills faD. Tile balld -bers are, from left: Jeff Wade, Rick Receveur, Reggie Van Stockum, Garrett Fowles, and Chris Perkins. D. Todd Littlefield, not pictured, recently joined the group. regarding students with the same number of hours? If we are running two in terms of grading standards-and that has yet to be discovered-it is totally unacceptable; that is a very serious problem." One area in which the lists have been melded is that of scholarships. Associate Dean Norvie Lay indicated that during the summer the Scholarship Committee addressed the problem of allocating scholarship funds in the most equitable manner. "It was the feeling of the committee that instead of separate scholarships based on being number one or number two irrespective of whether they had completed this in the day or evening division." The merger was done "for scholarship purposes and scholarship purposes alone." Dean Lay observed that "the committee felt that this treated all people the same and alleviated all problems from previous years. Apparently we just multiplied them. This really hasn't satisfied anyone in the sense that there are separate lists for day and night academic purposes, and yet we combine them for purposes of scholarships." He also stressed that "the two divisions must not only_ be comparable but they must offer the same quality of legal education. The American Bar Association (ABA) requires that they be run and treated the same. If they are not, then we have a real problem." "I think," Dean Lay continued, "it is a simple question of what reflects the true state of affairs. I want as much input from the students as I can possibly get before we make any determination whether to wed the two or keep them apart. After all, they are your grades; they are your ranks. I would be opposed to any change unless I knew exactly what the student body wants. It is not for me to make that assessment." Students Participate on Faculty Committees by Sam Carl and Susan Barnett A system o) committees operates at the law school through which the faculty participates in decision-making for the school. There is at least one student representative on nine of these committees, and a recent self-study report on the law school states that this "traditional involvement of students in the faculty deliberative process" is one of the strengths of the school. But, holding a vote on a committee is not necessarily the same as having a viable role in determining policies of the school. Can a student representative sway faculty members on issues before a committee"? Is the faculty attentive to the views expressed by the students, or are the student representatives seen as intruders? How can a student representative voice the "student body'' viewpoint? To explore these questions, we interviewed some of the students who serve on faculty committees. Not surprisingly, experiences varied from one committee to another. Steve Arnett serves on four faculty committees by virtue of his office as Student Bar Association president, and he appointed most of the other student representatives to committees. In appointing students, Mr. Arnett said, "I try to get a diversity of students, not the same students over and over; I might appoint students because they are interested in certain areas. But, I tell them they're there to voice student concerns, not just their own views." He also said that he tries to get a cross-section of the student body to serve on committees, but that it is difficult to get a proper mixture of men and women, day and evening division students, and so forth. Mr. Arnett serves on the Financial Aid, Scheduling and Building committees as well as on the Faculty committee. (The Faculty committee is comprised of the entire law school faculty and its decisions are binding on the faculty. Some other committees are really advisory sub-committees of this larger body.) His role, he says, is to voice the students' viewpoint, as he perceives it. "For example," Mr. Arnett said, "on the Building committee, I'm lobbying for the student facilities building. If there weren't a student on this one, we'd have no input at all. As it is, I'm the only person on the committee who has taken the initiative on the student facilities building." While Mr. Arnett believes that the faculty is interested in student views when he pr::sents them, it appears that he feels he has less impact on the Financial Aid and Faculty committees than on the other two. "On Financial Aid, they turn to me a lot to find out who a student is." He questioned whether he could make much difference in the decisions of that committee, but he said, "I've tried to get the committee to devise a system more equitable to the students. This summer, applications came in all summer, and we decided on them one at a time. I got them to institute a deadline, so all the applications are in front of us at one time." Louisville Law Examiner Letters To The Editor EDITORIAL BOARD Valerie L.Salven, Co-Editor-in-Chief Susan Turner Barnett, Co-Editor-in-Chief Phillip R. Warf, Associate Editor Ginny Hamm, Business Manager STAFF Greg Y opp, City Editor Bruce Dudley, Brandeis Brief Editor Jerome A. Mirabito, Executive Editor Pat Chism, Photographer Gerald F. "Bear" Scbray, Artist Jerry Adair Frank Burnette Sam Carl J udge MARLIN M. VOLZ, Advisor Shaun Esposito · Kenneth W. Golliher Shelby Lee Rick Masters Schuyler Ott Charles Walden Elizabeth Ward Sherry Willman Profe sor ALBERT T. QUICK, Consultant The Louisville Law Examiner is published eight times during the academic year in the interest of the University of Louisville chool of Law community. Unsigned editorial opinions are those representing a majority vote of the editorial oard and do not necessarily express the views of the chool of Law or the University of Louisville. Articles are invited from faculty members, students, and members of the bar who wish to do freelance work, but any proposed article must be cleared in advance with the editor as to topic and length. This is to avoid duplication of coverage and insure that the article will not be beyond workable length for a newspaper format. Address all communications to the Louisville Law Examiner, School of Law, University of Louisville, Louisville, Kentucky 40208. Phone 502-588-6399. Dean Brian Hogan of the University of Leeds School of Law, spoke at the law school on November 8. Dean Hogan's topic was "Insanity as a Defense." School of Law History Written You and your colleagues might find yourselves between the covers of the Official History of the University of Louisville School of Law (and the Jeffer-on School of Law) which will be released during the upcoming year to commemorate the groundbreaking for the school's new wing. Chapters will track the development of the school from its beginnings in 1846 and will include scandal, intrigue, war, mysLery and sex. You'll want to reaa about ' y Daddy's Hanging," "The Yellow Dog Scandal," "Why We Sided With the South," and "The Bourbon Bar Exam." There will be something of interest for everyone-especially the serious historian. Over two years of scholarly research has gone into the preparation of this book and the manuscript is about to be completed. If you or members of your family have any letters, anecdotes, diaries, pictures or other memorabilia pertaining to the University of Louisville School of Law or the Jefferson School of Law, please send them to NANCY TAYLOR FRANK, c/o P.O. Box 70118, Louisville, Kentucky 40270. Terry McBrayer, gubernatorial candidate, addressed the law school student body on November IS, 1978. I Dear Editors: I commend your editorial stance concerning the Rule limiting outside employment while attending the Day Division of Law School. I entered in the Fall Semester, 1970, and I finished in December, 1972. During that two and one-half years, I worked 40 hours per week for an employer whose management was enlightened enough to realize that as long as I could perform the duties expected of me, it did not matter when I did them. In other words, if Law School did not interfere with my job, Law School was of no concern to my employer. Would that ABA and the Law School Administration were now so enlightened!?! As I recall, I graduated in the top fifteen percent of my class. 1 am now serving as the Barren County Attorney, in addition to maintaining my private practice. My usual work week is 60-75 hours, and I am sure that one of the reasons I can handle this workload is because I learned to plan and set priorities during my "Full Time Law School/ Full Time Employment" experience. Keep up the good work (no pun inalthough at times I felt like a referee among the panelists, and between some members of the panel and the audience. Dear Editor, Nancy Osborne Chair, Women's Law Ca~cus Issue must be taken with Jeffy Adair's inaccurate and inexact reporting, in your October 24th edition, of the panel discussion that was co-sponsored by The U of L Women in Medicine and The Women's Law Caucus. The goal or purpose of the panel discussion was to provide an informative setting and an opportunity to discuss the Jefferson County Abortion Ordinance with various members of this community. The panel was composed completely of men, which was unfortunate. Nancy Osborne served as a very capable and extremely visible moderator. tended). Jerry Adair reported that "at times it (the panel discussion) verged upon becoming an unprofessional rally for personal opinions and attacks." The audience, as a group, treated the panel members and one another with respect and courtesy, the same behavior was not William Thomas Klapheke II exhibited by all panel members. Law '72 The quote that was particularly offen- Dear Editors: sive read: "It was obvious from the eat- On behalf of the Women's Law Caucus calls and interruptions directed to the and other interested persons, I am pro-life speakers that the predominantly responding to a recent article in the female audience was against the ordinOctober 24th issue of the Louisville Law ance from the start." Adair's use of Examiner entitled "Local Abortion the word catcalls indicates to me that he Ordinance Prompts Panel Discussion." subscribes to an outdated stereo type that The article contained some factual errors, inherently views women as back biting, opm10ns, and misrepresentations that nail clawing beings, certainly not capable might have raised some false images. of logical thought. In reference to the au- The article expressly stated that the dience's philosophical makeup there were panel consisted of all males, which is in a significant number of representatives error since I was the panel moderator. from the pro-life block present and their The panel was organized strictly for voices were heard in the form of questions educational purposes (I wonder if the directed at various panel members. The article's autrfor read tre- oTilinancer)- orr-remaining-preblem- wi-t-h-the above-quote -~ request of the Women in Medicine. The deals with the physical makeup of the au- 120-plus members of the audience dience. Given the following facts concernrepresented men and women from various ing the panel discussion: it was organized disciplines of the University including in less than two weeks, it was sponsored law, medicine, psychology and sociology by two professional women's groups, the and the community in general. The audience turn out was highly predictable. "interruptions" that did occur emanated After all who should be more concerned from panel members, and male and with an ordinance that will legislate female members of the audience alike and reproductive freedom than women? were expressions of sentiments both for The women at both the medical and and against the ordinance. law schools should be commended for On the positive side, this was the first their joint efforts in dealing with the Jefmajor event sponsored by a law student ferson County Abortion Ordinance. organization in conjunction with another Reporter Adair should be reminded that professional group outside of our disci- the job of good competent reporting pline in recent years. The general au- demands that the writer provide his dience should be commended for their readers with accurate information and active participation in the discussion. It descriptions of events that are void of speaks highly of our student body that we personal bias and editorial slurs. have so many persons interested in dis- David E. Eilers cussing contemporary issues rather than Teacher, Jefferson County School System merely operating in the detached environ- Mr. Adair's article should have been ment of law school. labeled "commentary" but was not, due Given the nature of the topic, the to an editing error. Thank you for writing. discussion proceeded reasonably smoothly, - Ed. An ad hoc committee of the SBA is considering establishing a student research service. Students interested in earning money doing legal research would be matched with attorneys or judges needing questions researched. Advantages to students would be the possibility of earning money while tailoring their work hours to their class schedules and assuming as much or as little work as suprly and school/ ABA regulations permit. While fees have not yet been determined, students will be able to earn more than most clerking jobs offer. For attorneys, the advantage of having individual questions researched in a library more extensive than most lawyers have access to, without the need to hire a clerk full time, should prove worthwhile. In attempting to assess the interest of students and of lawyers in participating in such a program, the ad hoc committee would like you to indicate such interest by filling in name, ~ddre~s and phone numbers below and returning it to the committee. This is not an obligatiOn to work or use the service, but rather a testing of interest. Name Address Phone No. Return to the SBA Office, U of L School of Law, Belknap Campus, Louisville, Ky. 40208 . Louisville ~aw Exa~iner, N oyefll~ef 2 ~, ~ ~7~ .. . , 3 • Students Seroe on Faculty Committees (C~ ntinued from page I) About the Faculty committee, Mr. Arnett said, "I didn't know till recently that I had a vote. It doesn't matter much anyway, since students are outnumbered by faculty more than 10 to one. I use the Faculty committee to find out what's going on, what's coming down the pike in the future. I voice students' concerns; sometimes it makes a difference. Since I've been on it, they haven't voted on anything earthshattering.'' Ken Golliher also serves on the Faculty committee, as the at-large representative of the student body. He was recently appointed by Mr. Arnett, but he has attended meetings of this committee for three years. Like Mr. Arnett, Mr. Golliher is skeptical about the impact that the student representatives have on a large faculty committee. "We start out at ground zero. I don't think the faculty members are more difficult to work with than any other group. Mr. Arnett and Mr. Preston (Scott Preston, past SBA president) are excellent at it. I tend to be more impatient. We probably have as much chance of getting a program accepted as any other two members of the 25 member committee do." Mr. Golliher indicated that one difficulty in swaying faculty opinion is that the faculty members have discussed issues among themselves prior to a meeting. He said, "Prior to the time a question is voted on, there is already a consensus. Hotly debated questions don't come to a vote . .. About all student representatives can hope to do is add another perspective. I doubt that there will ever be a vote on the Faculty committee that will be decided by the votes of the student representatives." One difficulty Mr. Golliher has experienced in representing students is that he cannot adequately prepare for meetings because he does not know in advance what will be discussed. He explained, "There has been a r~curring problem in obtaining the agenda prior to the beginning of a meeting. However, Dean (Harold G.) Wren has said that this was due to an oversight on the part of his secretary. He has assured us that we will receive the agendas and other information for future meetings at approximately the same time the rest of the committee members do." "As an example, when the Faculty committee voted on the self-study that Dean (Steven) Smith prepared for the ABA, we didn't receive a copy prior to the vote. In my opinion, the self-study made the student body at least a partial scapegoat for the law school's problems. I would have voted against its adoption." Summing up his experiences with the Faculty committee over three years, Mr. Golliher remarked, "Observing the faculty at a meeting is an educational experience in itself." Steve Berg's experience with the Curriculum committee seems to have been similar to that of the representatives on the Faculty committee. Mr. Berg, as editor-in-chief of the Journal of Family Law, was appointed to the committee by the Dean. An at-large representative, Tippy Richmond, was appointed by Mr. Arnett. The 14-member Curriculum committee, which Mr. Berg said meets often, makes recommendations to the Faculty committee. Mr. Berg said, "The votes generally go against the position I've taken. The faculty is attentive to what I say. Whether it makes any difference I don't know, because there are preconceived notions a lot, but not always . . .I have as viable a role as any member of the committee. I get a vote. I get a chance to speak. They won't turn a deaf ear to a good argument." He continued, "The faculty is a closed group. They discuss things among themselves. Then there are two interlopers. I can't remember a close vote." The Curriculum committee is conscientious, Mr. Berg said, and !)as responded with interest to the remarks of Chief Justice Warren Burger and Kentucky Supreme Court Chief Justice John Palmore. They _!!lso are concerned about the recently released results of the Kentucky bar exam--=ination. Mr. Berg believes the committee is receptive to what the student body thinks. It is sometimes difficult to kriow what view to present to the committee, Mr. Berg explained. "I don't necessarily feel that I am an advocate for what the student body as a whole feels, because I'm not sure there is one feeling. Maybe there are just vocal minorities. I'm not going to argue strenuously for something I disagree with." To find out student opinions about clinical programs, Mr. Berg conducted a survey. He said that he will submit proposals or questions to the Curriculum committee when they are brought to his attention, preferably in writing. He commented, "Students have to tell me what the problem is and articulate their reasons. General complaints have no weight. There's no reason they should have weight." Student participation on a faculty committee is probably most evident and maybe most effective in the ad hoc committee investigating the results of the bar examination. Jim Seiffert was one of three students appointed by Mr. Arnett to this committee, which is chaired by Associate Professor Leslie Abramson. Twelve other students volunteered to poll students who passed the examination. (Faculty members called those who failed.) The committee's work should be completed by the end of the semester. Preliminary results were presented to the students yesterday. Students on the committee contributed questions to be asked of those who took the exam and participated in the compilation of results. With regard to getting student input, Mr. Seiffert said, "There was no problem, especially with present seniors who have naturally shown great interest by inquiries and suggestions." Student concern about the work of this committee has been particularly high. As Mr. Seiffert explained, "This is the first time anything has been done to establish a pattern of pass/ fail rates. The results might help to influence future admissions and curriculum changes. This should have a positive effect in the long run." Peggy Lyndrup serves on the other ad hoc faculty committee. The ad hoc committee on Academic Excellence has not met sin~e Ms. Lyndrup was appointed, so she did not feel that she could comment on the committee's duties or her role on the committee. Professor Leonard Jaffee, committee chairman, provided information about the scope of the committee's duties. In a memo to Prof. Jaffee, Dean Wren charged the committee with investigating the level of performance of students at the law school, comparing student performance with academic credentials upon entrance into law school, and investigating changes in the attitudes of the student body during the past several years. In the same memo, Dean Wren authorized Prof. Jaffee to appoint the student member to the committee. Prof. Jaffee is considering discussing with Dean Wren whether to appoint an evemng division student to the committee also. Prof. Jaffee explained, "The committee will investigate such items as: A) grading disparities between various professors and the different sections, B) differences between day and night students' grades, C) whether present grading procedure is adequate; that is, should there be curves, and D) overall student enthusiasm in class." Prof. Jaffee is concerned that student preparedness, qualitatively rather than quantitatively, has fallen off dramatically over the last two years. "Thus," he said, "the committee is seeking, in general, to find a method of grading consistently and a way to improve student preparedness." It will be up to Ms. Lyndrup to solicit student opinions if she thinks that solicitation is important, Prof. Jaffee said. Four students appointed by Mr. Arnett serve on the Placement committee. One of them, Rob~rt Russell, de~cribed the com-mittee's activities: "Its main function is to provide Career Night. This involves calling prospective employers, such as law firms, corporations and government agencies. The committee is also in charge of giving a · banquet for the guest employers, which is held on Career Night." No future meetings of this committee are planned. However, Mr. Russell remarked, "We have discussed working in some way with the Placement Office in the future, but no real plans have been made. The committee and the Placement Office work hand-in-hand. Of course, Judge (Marlin) Volz is very involved in our work. " The only other faculty committee on which students serve is the Library committee. This committee has not been active, according to Ken Kasacavage and Lee Hoefling, two of the three student representatives. According to Mr. Hoefling, who was appointed to the committee last year as well as this year, there have been no meetings of the committee in two years. The student representatives asked Librarian Gene Teitelbaum, who chaired the committee, to scpedule a meeting last year, but it was never done. Mr. Kasacavage noted that the student members of the committee have spoken together informally several times to identify problems which should be directed to the full committee. Professor Scott Thomson, who now heads the committee, has not resisted calling a committee meeting. In fact, a meeting was held on Wednesday, Nov. 15. The results of that meeting were not available before the deadline for this issue. The job of the committee, according to Mr. Kasacavage, is not to decide on acquisitions but to "designate problem areas of the library and to attain full use of the facilities with a view toward making the ··· ······· ··· ·· library a better place for students in the future." The strong and weak points of the library, the limited access to restricted areas on weekends and at night, and the attitudinal problems of students using the library, evidenced by their failure to reshelve books, are matters that he feels ought to be discussed. Mr. Hoefling agreed that these are the types of problems that the cqwmittee should be discussing. He seriously questioned, however, whether discussion would make any difference. Mr. Hoefling pointed out, "I'm totally disenchanted. There's no future in it. The committee has no binding power, as it was explained to me. It is purely advisory. The law librarian could ignore what the committee says. If our role is just advisory, to some extent that has happened. That is, we've told Mr. Teitelbaum what we think. If there is supposed to be true involvement in policy-making, I haven't seen it." "It's Mr. Teitelbaum's library," Mr. Hoefling continued. "Nobody can tell him what to do with it. He can't expect us to come into his library and obey his rules if he never asks what we think. There will be books on the tables, trash all around, until students feel that it is their library. It's an attitude problem, maybe on both sides." Mr. Kasacavage said that students who have questions that they would like to bring to the attention of the Library committee should contact one of the student representatives or use the library complaint book. There are presently no students serving on the Admissions, Continuing Legal Education, Development, Faculty Recruitment, Personnel, and Reinstatement and Probation committees. Mr. Arnett said that he would like to have a student appointed to the Adrrissions committee and to get a student involved in the panel which rules on grievances. ABA Inspection Team Visits An American Bar Association inspection team was at the School of Law from October 25 to October 28. The members of the inspection team were Willard D. Lorensen, Dean of the West Virginia University College of Law; Michael Jon Kindred, Associate Dean of the Ohio State University College of Law; and Ruth Wright Wilkins, Librarian of the University of Utah College of Law. During their visit to the school, the team members toured the facilities and met with the deans, faculty members, school alumni, student representatives, and university officials. The team also held a forum which was open to all interested members of the student body. The inspection team will report their fmdings to the Accreditation Committee of the Council of the Section on Legal Education and Admissions to the Bar of the ABA. This report will then be considered at the Accreditation Committee's meeting in February 1979. MICHIE 71ft~ BOBBS-MERRILL . Bobbs-Merrill publishes the Official Edition of the Kentucky Revised Statutes which is professionally presented in 20 permanently bound volumes reflecting the highest standards and tradition of law book publishing. Its extensive and easy to use annotations, which are read by the_ judges, were written by experienced lawyer-editors who carefully checked every statute to insure that all cases which have cited, applied or construed that statute are annotated under the text of the statute. Any student who will practice law in the state of Kentucky may have the entire set for no more than ten dollars per month with no interest or carrying charge. Similar terms are available for all attorneys: Jim Schult~ ' · Sales Represent tive 821 Skylark Dr ve Louisville, Kentuc y 40223 (502) 583-887 4 or 425-0834 • 4 Louisville Law Examiner, November 21, 1978 Faculty Engages I• n Wide Range of Legal Writing by Elizabetb Ward Schuyler Olt and Greg Yopp Have you ever stopped to consider what faculty members of a law school do when they are not preparing for and instructing a class? As it turns out, quite a few faculty members of the University of Louisville School of Law spend a great deal of their "extra" time doing legal research and writing . When presented with an open question concerning publishing by the law faculty, Dean Harold Wren said that law faculty publishing is very important to the school and that he is anxious for every member to produce as much as possible. He added, however, that U of L is not a "publish or perish" school. "It's a matter of priorities. Teaching comes first, we want to make it the best we can. Beyond that, we want to encourage as much creativity as we can.'' Dean Wren went on to say that he is very proud of the faculty's research and writing efforts, "but that is not to say we are satisfied. Some day we'll get to the point where we'll be known for our research as well as our teaching." Following is a brief summary of current and recent writing projects undertaken by faculty members of University of Louisville School of Law. Prof. Abramson Last May, Associate Professor Leslie W. Abramson completed a manuscript on criminal detainers. The manuscript is presently untitled, but has been accepted for publishing by both West Publishing Company and Ballinger Books, a subsidiary of Harper and Row. Prof. Abramson said he has not decided who will be the publisher. Prof. Abramson has also recently completed a book review of Exclusionary I justice, by Steven R. Schlesinger. The review is to be published in "Crime and Delinquency" next year. Prof. Abramson, with the help of his research assistant Matt Livingood, is currently doing research for two more articles. One article, according to Prof. Abramson, will examine about six decisions of the Supreme Court handed down last June that concern the Fifth Amendment prohibition on double jeopardy. The other project involves a review and analysis of cases decided during the last three years under the Speedy Trial Act of 1974. Dean Lay Associate Dean Norvie L. Lay has recently completed a paper entitled "Federal Tax Impact on Estate Planning Affecting Land Holding." Dean Lay presented the paper to the Lincoln Institute of Land Policy Colloquium on Federal Taxation and Land Use at Cambridge, Mass. Dean Lay described the gathering as a "symposium of lawyers and economists." The paper will be published in the proceedings of the institute, which should be available this month. Prof. Levy Associate Professor Martin R. Levy is currently writing four separate articles for various law reviews. The articles deal with topics ranging from the proposal of a new statute concerned with childnapping, to the extension of husband-wife evidentiary privilege to unmarried couples. "Psychological Parentage: A Natural Right," written with the assistance of Jack Meunch, a graduate of the School of Law, is slated as the lead article of an upcoming edition of the Villanova Law Review. The article is concerned primarily with the removal of children from foster homes by their natural parents. This has been an area of slowly evolving case law, and it is hoped that the article will provide impetus for court action. Prof. Levy is also working with Debbie Zegart on an article about child-napping by parents out of custody. The article proposes a new uniform statute which makes child-napping analagous to a charge of possession of stolen goods. The article is entitled, "Child-Napping: A Continuous Offense" and will be submitted to the Family Law Quarterly. Prof. Levy's third article, "Juvenile Waiver of Miranda Rights," will be published in the Pepperdine Law Journal. The article was written with the help of William Danner and Larry Phillips. It deals with the waiver of Miranda rights by juveniles, arguing that there should be no waiver of such rights without consultation with an adult or counsel. "Extending the Husband-Wife Evidentiary Privilege to Unmarried Couples" is to be published by the Family Law Quarterly. Mike Morris is aiding Prof. Levy on the project. Prof. Levy characterizes his work as being "a creative type law reform with little compilation,'' and says he works "when the ideas come." Prof. Volz Professor Marlin Volz is co-author and General Editor of Volumes 8 and 9 of West's Federal Practice Manual. These two volumes, along with Volume 10, will be published by West in 1979. Prof. Volz is also currently completing the rewriting of Volume 7 of West's Federal Practice Manual, which will also be published in 1979. Prof. Volz is co-author of Peterson, Rossmiller & Volz, The Law and Public School Operation, and the edition which was published by Harper and Row earlier this year. In addition to these efforts, Prof. Volz has contributed a chapter on "Health and Medical Issues in Arbitration" for a book to be published by the Bureau of National Affairs, completed a 250 page manuscript on Kentucky probate practice to be published by Banks-Baldwin, and has written a chapter on the smaU claims division · of the Kentucky district courts which will be included in a volume to be published by Banks-Baldwin in late 1978 or early 1979. Prof. Read Professor William Read has written a 750-page manuscript called Corporate Officers and Directors~ Deskbook with Model Documents, Agreements, and Forms. It is currently being published by Prentice-Hall and will be available in the spring of next year for $40. Prentice-Hall asked Prof. Read to write this book for use with their textbook to promote understanding in the field of corporations. The books are also intended for use by officers and directors of business organizations preparing to make legal and ethical decisions. The manuscript is written in a practical form and has no footnotes. It includes model documents and appendices, and a checklist at the end of each chapter to permit self-evaluation and provide an easy reference. · The book is an outgrowth of Prof. Read's teaching in corporations and business torts. Prof. Read stated that the profits he received from his writing are not all monetary: "The percentage I receive from the sales is not as important. .. I wanted to get down on paper what I've learned of the various experiences I've had, and to sharpen my own thinking. The writing was profitable because of the satisfaction I've gotten. Things we care about, we do because we want to, not for the money. It's a happy situation where you can enjoy what you're doing and get money for it · " Prof. Warns Professor Carl Warns and his research assistant, Anne Payne, are ~urrently coauthoring an article for the Kentucky Law Journal on the role of boards of inquiry in national emergency dispute settlements. The article is about half completed and should be published sometime next year. Earlier this year, President Carter named Prof. Warns to the three-member board of inquiry to advise him about invoking the Taft-Hartley~ Act to end the coal strike. When the strike was over, Prof. Warns said that UK contacted him about doing this specific article because of his "having been intimately involved." In the article, Prof. Warns stresses that some revision in the role of the board of inquiry is necessary, indicating they should be "brought up to date in light of our development in this area." Prof. Petrilli Professor Ralph S. Petrilli is currently completing a manuscript for a volume to be called Tax Aspects of Divorce Settle-ments. Prof. Petrilli is doing half of the volume on the income tax aspect of the divorce settlement and Professor Wenig, · a law professor at St. John's University in New York, is preparing half of the volume on transfer of property, community property and various other aspects. The completed volume will be part of a set to be published by West Publishing Company. Prof. Volz is the overall editor of the set. Prof. Petrilli has also recently completed his 1977 supplement to his book, Kentucky Family Law. The Family Law book was written before the no-fault dissolution statute, and the latest supplement discusses the statute and its affects on family law. "I'm pleased with its reception," said Prof. Petrilli. "It was the first academic critical analysis of the no-fault statute; the one place lawyers could look in Kentucky (for guidance).'' When asked about writing in general, Prof. Petrilli replied, "You make time if you are going to write a book. We are encouraged to write with the suggestion that it is part of our professional responsibility to do some writing of some sort. A certain indirect pressure is there but not 'publish or 'perish.' You simply decide to write something and fit it in, an hour here and there, in between classes." "You get royalties, but royalties are generally small unless the book hits the national market, becomes a best seller. Royalties aren't large enough to say you'd write for the money. I write partly for the money ... for status in the profession, and as part of my professional responsibility to become known. But primarily (I write) to increase the quality of the school and its image through the nation." Parking Refunds December graduates and other students who do not return for the spring semester can get a $10.00 refund on parking stickers which were purchased this fall. To get the refund, scrape the sticker off the car and take the pieces to the office of the U of L Department of Public Safety. Make note of the sticker number before scraping it off. Requests for refunds will be taken between Dec. I, 1978 and Jan. 15, 1979. Refunds will be returned by mail. BALSAS Bakke Seminar Panel discusses impact of decision on school admission unn:t,uur·r~. From left to right: Dean Harold G. Wren; Prof. Albert T. Quick; Mr. Gerald Neal; Ms. and Prof. Martin Levy. Not Pictured: Panel member Mr. MacArthur Darby. Louisville Law Examiner, November 21, 1978 5 Aquatic Excellence via Socratic Method by Charles Walden (The following is a fair transcription of a Law Examiner Staff interview conducted at pool side with world famous swimming coach Socraticus Oblique Blackrock who gave up law professing 10 years ago to test his theory that probing questions can be used to teach even basic physical skills. He calls his approach the "Socratic Method." The interview is edited only for length.) EXAMINER STAFF QUESTION (ESQ): Tell us, coach, is that a life jacket you're wearing? SOCRATICUS OBLIQUE BLACKROCK (SOB): That question is both irrelevant and time consuming. We have more important things to talk about. ESQ: But is it true that you teach swimming but can't swim? SOB: Please. If you must pursue that line of questioning see me after class. It is enough to say that one need not necessarily have to be able to swim to teach s·wimming. One need never have swum. One need know only how to teach. I know how to teach. I search only for that student who can learn as I teach. . . · ESQ: Thank you. Is this a new class you have here? SOB: If you mean the word "this" to describe the group of young men and women around the pool, then I have them here. If you mean the word "new" to describe the relative inexperience with the Socratic Method the "this" you referred to has, then "new" is a proper modifier. If you use the word "class" to mean some organized association dedicated to a single purpose-that of learning to swim then I might (note that I said might rather than hall or would) argue that each may think that is why he or she is here, and in that meaning each taken together is a class. But, as each he and she will soon discover under my probing questions, each is an individual subject to individual fears, frailties, flatulence, and each will fail or succeed as an individual with .. . ESQ: Are you trying to say yes? SOB: That's a good question, but you should perhaps ask ... ESQ: Please explain your basic Socratic Method for teaching swimming. SOB: It is quite simple. I seek out individuals who each believe that he or she wants to swim, who each believe that he or she is capable of learning to swim and who each place his or her faith in my abilities to teach each to swim. Given these factors, I simply place each individual in a situation where he or she must swim or sink. Or is that sink or swim? No matter. .. News-in-Brief The Editorial Board of the Journal of Family Law has elected the following students to Staff Editor positions: J. Michael Jarboe and John McCarty, Assistant Notes Editors; Jerome A. Mirabito, Assistant Recent Cases Editor; and Jennifer M. Payton, Assistant Articles Editor. The School of Law will conduct a telethon to raise money for the school during the week after Thanksgiving. A group of 12 "captains" have begun to recruit callers, including students, to contact U of L School of Law alumni across the country. Donors will be able to designate money to be used for specific purposes; otherwise, donations will go into a fund to be used at the dean's discretion. University officials have assured the law school· that these donations will not result in a reduction of funds given to the School of Law from general university sources, Dean Harold G. Wren said. good. Now, let's swim. First, I want you to take a deep breath. That's good, Holmes. But do you think it might be more effective to breathe with your head above water? Let me restate your problem. You are approximately five-feet-ten-inches tall. The water is 10 feet deep. You are now lying"'on the bottom of the pool with the air approximately nine-and-one-half feet above where your head wobbles on the current. Can you think of any way to get closer to the air? That's correct. Now that you are standing on the bottom, how far do you think you are from air? A little more than four feet, I believe would be more exact, Mr. Holmes. Good kick, Holmes, very good. You almost made it. Ms. Fegenbush? Is Ms. Fegenbush here? Voice: I'm not prepared. SOB: (growing weary) Is anyone prepared? Voice: Me. I am. I cando.it. SOB: Well, okay. Splash! splash! splash!. .. etc. SOB: Very good. See class. See Law Examiner Staff Questioners. See how well individuals can learn by examining the tentative efforts of others and by each questioning his or her self under my guidance cut to the very essence of swimming. You, in the water, you may give me your name after class for extra credit. ,. ( ( ' ' ) ' ) ) ) Voice: It's Spitz, sir. Mark Spitz. il ESQ: Maybe you could show us before it gets dark. SOB: That's the beauty of my system. It makes no difference whether it is day or night so long as each individual can hear my voice, respond to my questions ... ESQ: Maybe you could show us before the Johnny Carson Show. SOB: Certainly. Smith. Is Smith here? Gooct". Jump. Voice from darkness: I'm sorry. I don't think I'm prepared. SOB: You mean, don't you Smith, that you will not learn to swim? Cartwright. Splash! SOB: Very good, Cartwright. Now that you are over your head in 10 feet of water, what do you think you should do next? Cartwright: Don't make waves. SOB: Wrong. That would be a proper answer if you were on your tiptoes and chin deep in a urinal. You are over your head in 10 feet of clean, chlorinated water. Carter. Is Carter here? Splash! SOB: Very good, Carter. Holmes: I'm not Carter. I'm Holmes. Some bastard pushed me. SOB: Perhaps you should be more interested in the immediate problem than in your particular identity crisis. Names, after all, are only labels. Tell me, person labeled Holmes, what do you think you should do next? Holmes: Kill the bastard who pushed me in. SOB: That might do as a long range objective, Holmes. But how do you propose to kill this individual you allege is a bastard while you are over your head in 10 feet of water; you cag't swim; and your unnamed adversary is quite safe and standing here on concrete five feet from the water's edge? Holmes: It was you, you SOB. You pushed me. SOB: Very good, Holmes. Very, very SOB: Very good, Spitz. But don't you think you should kick your legs separately and move your arms kind of like you are crawling instead of lurching out like that with both arms at the same time? ESQ: Excuse me, coach. But wouldn't you consider this something of a disaster? At least two of your young students have drowned during the first session, and most of the others are either sobbing outright or cringing behind the beach balls. SOB: I know what you're talking about. I've run into that survival rate S) home before. But I'll tell you one thing f, sure. Those who learn to swim by the S" ... ratic . Method know how to swim. That's a perfect syllogism. Just look at that Spritz go, even if he is moving his arms wrong and kicking with his legs together like some dolphin. At least he's learned to breathe in the water, and that is very important. ESQ: But he is an Olympic champion. He won seven gold medals for swimming at the 1972 Olympics. SOB: I believe that proves my point. And as further proof I would suggest. .. Splash! And thus concludes an exclusive ESQ interview with Coach Blackrock bobbing off into the sunrise, his life jacket tucked ever so comfortably under his chinny-chin-chin. WOODY'S TAVERN &ALE GARDEN brook & burnett ~ J.JJI'. ~~ ~" ~/ ~WOOD'( • • 6 Loui ille _t~w' Exami nh;N ove'mber'21, :i978 '' ;, i Committee Studies Bar Results A special ad hoc commitee has been established at the School of Law to analyze the performance of U of L graduates on the July 1978 Kentucky Bar Examination. The failure rate for U of L graduates on the July 1978 examination was 30 percent, the highest failure rate in recent years for U of L graduates and the highest failure rate among the state's three law schools on the most recent examination. The chairman of the committee is Associate Professor Leslie W. Abramson. Other members of the committee are Associate Professor Albert T. Quick, Associate Dean Steven R. Smith, secondyear students Bruce Dudley and Jim Seiffert, and third-year student Scott Preston. Prof. Abramson said that the short-term goal of the committee is to give U of L students who plan to take the February examination "as clear an indication as possible what they should and should not do" to prepare for the examination. Beyond that, the committee hopes to arrive at some conclusions based on data they are currently compiling and to recommend changes, if appropriate, to the faculty concerning the admissions process and/ or legal education process at the School of Law, according to Prof. Abramson. A group of about a dozen second- and third-year students are assisting the committee by placing telephone calls to U of L School of Law graduates who took the J uly examination and asking the graduates questions about their preparation for the ~am, the number of hours per week they worked in outside employment both during school and prior to taking the exam, how well their education at the School of Law prepared them for the exam, and what they found to be surprising about the exam. The committee hopes to draw correlations between the responses of the applicants and their performance on the bar examination. The conclusions reached by the committee will be reported in the Examiner next semester as soon as they are made available. Any U of L graduate who took the July bar examination but has not yet been contacted by the committee is requested to contact Prof. Abramson at the School of Law. Office telephone: (502) 588-6385. Counseling Center Service Rarely Used by Law Students by Rick Masters or wives seem to place studies first on their list of priorities." He went on to say that, Although the University of Louisville "The divorce rate in graduate school is maintains a free comprehensive counsel- unusually high." ing facility staffed by a clinical psycholo- Due to the high concentration of prob-gist, two Ph.D. psychologists and two !ems in this area the Counseling Center of-psychiatrists, law students in general have fers a variety of pre-marital and marital not taken advantage of its program. counseling. programs for individuals as well According to Michael Meuler, a clinical as couples, who are married or seriously psychologist at the Counseling Center, over dating, with advice directed toward learna recent three-year periocl fewer than 10 ing_how to cope-.with..the inevitable adjust= law students have made use of the variety ment problems which arise. A program of services offered. In contrast, during the along these lines was presented by the same period over twice as many dental stu- Counseling Center staff to law student dents and more than one hundred medical spouses earlier in the semester. students visited the Center. Mr. Meuler Since final exams are just around the cited several possible reasons to explain corner, I asked Mr. Meuler for some this difference as well as the relatively general information concerning the avoidmoderate use of the facility by under- ance of test anxiety. He commented that graduates. He stated that, "The rather an important goal in preparing to taken an strict religious backgrounds of many area examination is relaxation and anxiety students are incompatible, in their minds, control. He says these are learned skills with the whole idea of psychological like any others and that with practice one counseling, at least on the surface." He can improve his/her ability. Mr. Meuler said, "Many students have the mistaken says that many students approach exams view of the psychotherapist as one who ad- telling themselves that they won't know vises you to do everything your religious the answers and won't be able to respond convictions tell you not to do. • • when they take the exams, and sure enough, Another factor which perhaps accounts they react just as planned. He emphasizes, for the majority of decisions not to use the "We must realize that it is not the stress counseling services cited by Mr. Meuler is which is the problem, but our reaction to the basic misconception most people still it." seem to hold about the nature of psycho- The Counseling Center is located at 2207 logical counseling. Mr. Meuler said he South Brook Street next to the University thinks, "Many students believe you have to Post Office. It is open Monday through be a nut to seek counseling." Friday from 8: 30a.m. to 4:30 p.m. with Mr. Meuler stated that the Counseling after-hours emergency service available by Center has made extensive use of the calling 555-61 11. media, including radio and television ads, in efforts to encourage student participation, all with little success. He went on to say that occasionally the Center has been " overcrowded" with regard to certain programs, but that such heavy usage is sporadic. For instance, it is very difficult for the Center to arouse much student interest in a U of L Alumni Salutes Law School byGregYopp test anxiety control group in the early part The University of Louisville Alumni of the semester, but interest increases with Association will be saluting the School of the realization of the inevitable. Law and its alumni during the University When asked about the primary types of of Louisville v. Idaho basketball game on problems for which law students sought help December 9. The game is set for 8:00p.m. from the Counseling Center, Mr. Meuler at Freedom Hall. replied that he couldn't get too specific, for Ron Saunders of the University's Alumni fear of violating the strict confidentiality Services Office said this is a new program maintained with regard to all students who that "will provide visibility for the visit the Center. However, he did point out School." Highlights of the salute include a that law students, like the majority of reception before the game for key figures in ·graduate students, experience most of their the Alumni Association, an article concerndifficulties in the area of marital problems. ing the School of Law in the game program, He said, "Usuall}::.the.~Oll&eS .of g.raquat.e _ ;~n,d .. a radio. interview with Dean Harold students feel cheated because the husbands Wren at half-time. Summer 1978 Bar Results People Taking Number Percentage Bar Exam Passing Passing University of Louisville School of Law 116 82 70 Salmon P. Chase College of Law 86 66 76 University of Kentucky College of Law 99 85 85 Out of State Law Schools 54 44 81 TOTALS 355 277 78 U of L Graduates Admitted to the Bar Stuart Edgar Alexander, III Larry Ray Anderson Robert Gates Bardin David Alvin Bell Gary Allen Benford Bennett Lee Bertoli Michael Lee Boylan Robert Joseph Brand Bonnie Maryetta Brown Gary Wayne Brown William Rodes Brown Christopher Duncan Bryant Kathryn Burke John Gregory Burton Richard N. Bush Lynn Marie Bynum David Larkin Chenault Vivian S. Clingenpeel Travis Lee Cochran Dennis Joseph Conniff Jeffrey Paul Consolo Donald Wesley Cottrell Elgin Lewis Crull Kathleen Cunningham Gus G. Daleure, Jr. Mark Wesley Dobbins Steven Douglas Downey Mary Camille Erwin Thomas E. Ewen John Reed Fendley Daniel Richard Fuller David Randall Gibson Thomas Larkin Gilmore Guy Mil wee Graves Bruce Patrick Hackett Julia Peters Hagan Evelyn S. Harris Charles Thomas Hectus Douglas Craig Holland Cheryl S. Karp Marshall F. Kaufman, III JAMES P. QUEENAN 2509 Savannah Road Louisville, KY 40222 (502) 425-2174 THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY II II LCp Daniel Carroll Kelly, III David Randall Kemplin William David Kiser Robert Mark Klein Susan S. Krutzler Robert Ashton Lee Edwin C. Lester Marcia Louise MacHarg Raymond Dale McCall Joseph G. McCauley Bryan Scott McCoy Mary Alice Maple Mark Louis Miller Allen Lloyd Morris Thomas Arnold Mulhall Charles S. Musson Joseph F. Neary William Kenneth Nevitt James David Niehaus John Douglas Nunn Dorothy Elder O'Brien William P. O'Brien Ruth Gibson Oliphant Theodore Michael Pappas Anne Tilford Payne Kenneth Craig Plotnik Tommy David Price Constance Elaine Rev lett William Brent Rice Christopher Peel Rivers Dennis Howard Shaw Richard Howard Shuster Ronald Steven Smith William Kevin Smith Arthur J . Steil berg, J r. Patricia Gail Walker HalM. Warheim Michael Dawson Warren Virginia C. Whittinghill Stephen Read Zollner Drafting Pleadings AM JUR PLEADING AND PRAC· TICE FORMS, Revised. Here are model practice forms for every stage of a proceeding, from pretrial through jury instruction to appeal. The forms - over 27,000 of them - are grouped under 361 modern legal topics. A fact-word index in each volume and a General Index provide exhaustive indexing for the entire set. .. so you can find the right form in minutes. 0 forms carefully selected from court records and the files of qualified practitioners in every jurisdiction 0 concise text statements of governing legal principles. 0 hundreds of jury instructions 0 references to pertinent local statutes and procedural rules Loui~>ville Law E"iaminer, November 21, l978. 1 7 ; Diploma Privilege Recognized by Susan Barnett To all of you who are looking with dread at the impending bar exam, to all of you who are worried because of the failure rate on the last Kentucky bar, to all of you who have said at least once, "I hope I can learn something about that in the bar review," here's a cheery thought: There are states that do not require a bar examination for admission to the practice of law. Unfortunately, Kentucky is not one of them. either is Indiana. In fact, there are only five states that have a "diploma privilege" or a waiver of the bar exam for law school graduates. They are Mississippi, Montana, South Dakota, West Virginia and Wisconsin. Before you rent a U-Haul and head out for the state of your choice, consider the hitch to this deal. You're going to have to take law school o er again to be able to qualify for the diploma privilege. ~ orth it? You be the judge. It ought to be less hassle the second time. You've already got outlines, from someone. The five states which have a diploma privilege limit it to graduates of schools within their borders. The choices are University of Mississippi, University of Montana at MissOllla, University of South Dakota, West Virginia University or any law school in Wisconsin which is accreditated by the American Bar Association at the time of graduation. In four of the states, the diploma is all you will need to satisfy the educational requirement for admission. But, in Wisconsin there eems to be some feeling that the~e are certain things a lawyer should no". The tatute there spell out certain subjects which must be completed successfully and others which may be included. e t onsm tatute al o allows a law school to require practical training as a prerequisite to certification for admission on the diploma privilege. Imagine giving a law school the power to require it graduates to know how to practice Ia before being admitted to practice! By the way, waiver of the bar exam does not include waiver of the requirement of good moral character. In 1890, 16 states had a diploma privilege. But these five states are not just stubbornly hanging on to a si'mpler time. In fact, South Dakota first adopted its dioloma privilege in 1973. That the wisdom of using the bar exam as the criterion for admission to practice is still in question was displayed this summer in New York City at a meeting of the Law Student Division of the American Bar Association. At that meeting there was a panel discussion entitled, "The Future of the Bar Examination." All the panelists, who were law school professors, deans or bar examiners, agreed that the exam had a future. Not everyone agreed that's good. Basically, these were the arguments against the bar examination: First, there is a direct relation between performance in law school and performance on the bar. The bar is therefore essentially redundant. If law schools will crack down on students, only those who are qualified to be admitted to the bar will graduate. If that's too much to swallow, a compromise position was suggested. Let the top 50 percent of the class have a diploma privilege. One professor indicated it would be refreshing to see students coming to class again, prepared, competing for the top 50 percent ranking. Second, the bar exam is designed and graded in many states by people who know nothing about testing. Third, related to the first argument, the same can be accomplished in a fairer and less burdensome way. More can be required of the law schools through accreditation requirements, which will assure qualified graduates. And fourth, the bar exam is an inexcusable, high-pressure "hazing of the pledges" which proves nothing. Also, illness or other temporary condition might cause failure. The majority, to no one's surprise or pleasure, favored the bar exam. Here are the a_rguments: Danny Karem, member of the CONTRABAND, running with the football during a recent graduate league intramural football game. The league championship was won by the FORECLOSURES, another law school team captained by Norm "Stormin' Norman" Roelke. Alumni Plan Trip to Game The Alumni Association of the School of Law is planning a bus trip to Cincinnati for the University of Louisville v. Cincinnati basketball game on January 18, 1979. Two chartered coaches will leave Fairgrounds Stadium about 2:30 p.m. The cost per person is $19.00 which includes transportation, game ticket, and dinner at Stouffer's in downtown Cincinnati. There will be a cocktail reception with cash bar at 5:00 p.m., dinner at 6, and the game starts at 8:00. The buses will return to Louisville following the game. _ To make reservations for the trip to Cincinnati, contact Kathy Carpenter at the . University's Alumni Services Office, (502) 588-6186. Reservations must be made by January 8. The Kentucky Department of Education rec:;;; ~ponsored a seminar on Law-Related Education in which U of L law school students assisted. Mark Sullivan is shown here directing a mock trial. Also participating was Alphonso O'Neill-White. First, the profession requires certain minimum standards of its participants that law schools may not require. The focus of the law schools is different from that of the profession. Not all law schools are the same. The profession· is also concerned that law graduates be able to assimilate all the small parts they have learned into the whole called legal thinking. Second, to tell the law schools how to run their businesses is an infringement on academic freedom. No one can force a torts professor to teach assumption of risk if he thinks it's not important. But the bar wants to be sure that its members know about the doctrine. Third (developed from the second), the bar exam, when well-designed, will be a learning experience. Try very hard to remember that! Finally, there is nothing wrong with pressure. The bar exam is less pressure than the actual practice of law. Of course, if you don't pass the bar you'll never know whether that's true. But don't think about that. Think of all the education you are getting because you are allowed to take a bar exam. Of course, the reason we have a bar exam in Kentucky may be a little different. In 1968, a bill was introduced in the House which would have abolished the bar exam for UK and U of L law graduates. The bill, H.B. 169, was introduced by Rep. Will K. Peace (R.-Williamsburg), who was acting in behalf of a veteran who had graduated from UK in 1966 and twice failed the bar.· As reported at the time in the U of L law school newspaper, The Louisville Lawyer, H.B. 169 was tabled by the "voices of reaction and fear." The House rejected an argument by Speaker Pro Tempore Terry McBrayer (D.-Greenup) that law professors, after three years of observing the student, have a better foundation on which to judge who is qualified to practice law than bar examiners can get in a few days of testing. Maybe distrust of law professors was at work! One report in The Louisville Lawyer · seemed to think so. (Admittedly, the report was written by a student. The other article in the issue on the subject, written by· Dean James Merritt, did not mention this_ as a reason for the bill's failure. Choose your own authority.) In the story headed "Commie Plot Beaten," the newspaper quoted a declaration of Rep. I.C. James (D.-Harrodsburg), who said, "As long as these professors are a bunch of Communists and counsel our students to break the laws of our great country, we don't want them deciding who our lawyers are going to be." We all know- that the reference is not to U of L professors. U of L has an outstanding faculty, according to a study recently approved by the faculty. Rep. James apparently referred to a UK law professor who had been counseling draft-eligible men on their legal rights. Now that really gives you something to think about while you ponder the impending doom. The Key Number System takes you from one case in any law book to all cases in point Take a cited opinion . Check the Table of Cases in your Key Number Digest. There you'll find the Key Number that classifies that case and all others in point. And this method works even when you begin with cases from books not based on the Key Number System. That's one way the compatible Key Number System makes your library more valuable, more useful. Find out how you can put it to work too, today. 0. K. CURRY, JR. B. S. University of Kentucky J. D. University of Kentucky WEST PUBLISHING COMPANY Sales Representative Phone: 502/584/5058 • 8 Louisville Law Examiner, November 21, 1978 Edwin 0. Davis Awards Honor Top Scholars by Valerie Salven Mrs. Edwin 0 . Davis remembers her husband as a man who was "always interested in young people, as students, putting out so much effort to become attorneys." After Edwin 0. Davis died of a stroke in 1972, Mrs. Davis and daughter, Lisa Davis Egger, decided that giving an award each year to students who excel in the classroom while at the School of Law would be an appropriate way to memorialize Mr. Davis and his concern for law students. In 1974 the Edwin 0. Davis awards were established, and as a result the valedictorian and salutatorian of each graduating class of the School of Law now receive $100 and $50 respectively, in recognition of their scholastic achievement. Edwin 0. Davis was born on April 1, 1913, in Paducah, Kentucky. His father was the owner of a hosiery mill in Paducah, and was credited with the invention of a device called the "Hepworth Looper." (The "Hepworth Looper'.' turned the heel in stockings mechanically; this job formerly had to be done by hand.) After graduation from Paducah Tilghman High School, Mr. Davis worked as a commercial artist in Louisville until the flood of 1937 destroyed his office. At that point, he decided that he might as well pursue his ambition to become an attorney, and he enrolled in the Jefferson School of Law. Mr. Davis continued to maintain a substantial work schedule while he was in law school, and worked as an engineer for the Work Progress Administration (WPA) during his first year of law school. He passed the bar examination during his second year of law school (students were permitted to take the bar examination prior to graduation at that time), and he then began taking on legal work and research from other attorneys. The following year, 1940, he graduated Cum Laude from the Jefferson School of Law and went into private practice in the law offices of Edward J. Hogan. In 1944, he entered into a partnership with two brothers, Leland M. Mahan and Armer H. Mahan, under the firm name of Mahan, Davis and Mahan. Mr. Davis also taught the subjects of insurance and torts at the Jefferson School of Law until it merged with the University of Louisville School of Law in 1950. Mr. Davis continued his practice in the firm of Mahan, Davis and Mahan, specializing in civil trial work. He was asked to become a fellow of the American College of Trial Attorneys in 1965. The firm name was changed to Davis and Mahan after Leland's death in 1953, and the firm continues under that name today. Mr. Davis married Mary Handlin Duely in 1941. Mrs. Davis described her husband as someone who was "always busy." He read extensively, she said, and accumulated a sizeable library in their home. When he left his law office, Mr. Davis pursued a number of interests. He taught himself woodworking, Mrs. Davis said, and made many pieces of furniture- including desks, chairs, sofas and chestsfor their Jefferscn County home. He also designed and worked on most of the interior of their home. Photography was another hobby that interested Mr. Davis, and his photographs could be found on display throughout his house. Mr. Davis' sister, the present Mrs. Ernest F. Turnbow, still lives in Louisville, as do his daughter and Mrs. Davis. The Edwin 0 . Davis Awards, Mrs. Davis said, were established as a way to "recognize excellence," and to gjve recognition to students who "worked so hard and accomplished so much." CALENDAR OF EVENTS Nov.17-18 Continuing Legal Education: University of Kentucky College of Law; Law Office Management. Nov. 23-26 Thanksgiving Holiday Dec. 1 Continuing Legal Education: University of Louisville School of Law; Federal Wage and Hour-Unemployment Compensation, The Galt House, Louisville, 9:00a.m. to 5:30p.m. Dec. 2-15 Examination Period Dec. 8 Continuing Legal Education: University of Louisville School of Law; Twenty-First Annual Tax Institute Dec. 8 Continuing Legal Education: University of Louisville School of Law; Right to Speedy Trial and Prosecuting and Defending Drug Cases, The Galt House, Louisville, 9:00 a.m. to 5:30p.m. Dec. 15-16 Continuing Legal Education: University of Kentucky College of Law; Domestic Relations. Louisville Law Examiner School of Law University of Louisville Louisville, Kentucky 40208 j .... v !5 0 John M. Harlan Louis D. Brandeis Louisville Law Examiner Volume 4 umber 4 ovember 21, 1978 Class Rankings cause confusion .. . page 1 Learn to Swim by the Socratic Method .. . page 5 The annual University of Louisville School of Law "Career Night" was held at the School of Law this year on Wednesday, October 18. Over 45 representatives of private law firms, banks, corporations and government agencies visited the School of Law to talk to students about the job opportunities in their respective areas of specialization. At right, Ferd Lotz discusses job opportunities with the Internal Revenue Service. |
Subject |
University of Louisville. School of law University of Louisville--Students University of Louisville--Alumni and alumnae University of Louisville--Faculty University of Louisville--Employees Law students Law & legal affairs Law and legislation--Kentucky Law and legislation--United States Law libraries Legal education Libraries |
Location Depicted |
Louisville (Ky.) Jefferson County (Ky.) |
Date Original | 1978-11-21 |
Object Type | Newspapers |
Source | Various-sized print newspapers published by students of the University of Louisville School of Law. The print edition may be found in the University of Louisville Law Library or the University of Louisville Archives and Records Center. |
Collection | Law Library Collection |
Collection Website | http://digital.library.louisville.edu/cdm/landingpage/collection/law |
Digital Publisher | Law Library of the Louis D. Brandeis School of Law, University of Louisville |
Format | application/pdf |
Ordering Information | The publications digitized in this collection are the property of the University of Louisville School of Law and are not to be republished for commercial profit. To inquire about reproductions, permissions, or for additional information, email lawlibrary@louisville.edu. |
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