Louisville Law Examiner
 Serving The University of Louisville School of Law Community Volume 4, Number 8
 Two Alumni
Make Building
Suggestions 
This is the second of a two-part series
investigating architectural and other
barriers which confront a physically handicapped 
law student.
by Tim Salansky, Elizabeth Ward, and 
John Wright 
The last issue of the Examiner dealt with
problems some of our law student have
encountered with the physical plant as well
as the rigors of law school multiplied by the
presence of a handicap. For this issue
 alumni J. Chase Forrester and Alan Farber 
were contacted so they could relay their
experiences both during and after law
school. We also wanted to know their
recommendations for the law school as it
prepares to add the new wing.
While obstacles remain for the law
school's handicapped, conditions now are
 greatly improved according to 1969 graduate 
J. Chase Forrester. Mr. Forrester, a 
victim of polio which affected both his 
arms and legs, was recently chosen from 90 
applicants as executive director of the
Jefferson County Community Develop­ment
Agency by County Judge Mitch
McConnell.
Mr. Forrester stated, "The law school
now, with the ramp leading to the breeze­way
and the elevator service is like a dream
compared with what I used to have to go
through." When Mr. Forrester was an
undergraduate and a law student at U of L,
very little consideration was given to his
handicap. There were no special parking
facilities and classes were not rescheduled
in any manner. He said, "I had to have
assistance to go from class to class or to the
library; as a result, it almost excluded me
from library activities. The library was then
located in what is now the Cox classroom.
I had to find people sometimes to carry me
up three floors.
Mr. Forrester's wife, Maureen, accom­panied
him to school along with a hired
attendent and Maureen atter.ded most of
his classes as a note taker. "As a result," he
stated, "she also learned quite a bit of law
and the professors were always making her
nervous by jokingly threating to call on
her."
Upon leaving U of L Mr. Forrester
searched in vain for a position with a
Louisville law firm. After a year of looking
he finally started his own trial practice
with the assistance of his wife. This ar­rangement
continued for three years until
his wife had a baby, at which time she
retired and Mr. Forrester hired a clerk.
Mr. Forrester had several suggestions for
the law school, such as a ramp leading into
the front of the building and lower hand­rails
on the existing ramps. He explained,
"If you look at the handrails you can see
that they were constructed for persons who
are walking. The rail is too high to be of
much use to a person in a wheelchair."
Since leaving law school Mr. Forrester
has found tremendous improvements
downtown due to the curb cuts. However,
he said, "A lot of the curb cuts are at bad
locations, sometimes they dump you right
in the middle of traffic. Some are done
improperly so that there is a one-inch drop
at the bottom."
Mr. Forrester explained another problem
that faces the handicapped, "The parking
facilities that are marked handicapped are
almost always filled with unauthorized
vehicles." (Continued on page 7)
Serving The University of Louisville School of Law Community
Louisville, Kentucky, April17, 1979 Circulation 3800
The Examiner slaff rtacled wilh characlerislic poise and diRnily lo lhe news lhallhey had rettived a Medalisl Award from lhe Columbia Scholaslk: Press
Association. The above photograph was taken during a recenl staff meeling held in the Examiner's posh suite of offices located in lhe soon-to-be-razed
Poverly Annex. Beginning with the genlleman sealed in lhe fofeRround and proceedinR clockwise are: Bruce Dudley, Bill Kenealy, Pat Chism, Frank
Burnelle, Ken Golliher, Andy Allman, Craig Bell, John Greenup, Facully Consullanl Alberl Quick, Sam Carl, Slephen Wolford, Shaun Esposito, and
Valerie Salven. The person sealed allhe desk and holding lhe ruler (which was being used as a net for "balloon volleyball") is Susan Barnett.
Examiner Wins Medalist A ward
The Columbia Scholastic Press Associa­tion
(CSPA), a non-profit membership
organization of school publications which
is sponsored by Columbia University, has
awarded the Louisville Law Examiner its
First Place Medalist Award for outstand­ing
student journalism. This award is con­sidered
to be the most prestigious in the
field of university newspapers.
A handbook published by the CSPA
states that the Medalist Award "is granted
publications selected from First Place
ratings for special quali.ties evident to the
judges, characterized as the personality,
spirit, or creative excellence of the entry ."
No specific score is attached to the
Medalist Award, and less than 10 percent
of the entries in the competition receive this
award.
The CSPA Newspaper Contest/Critique
is run by a 60-member Board of Judges in­cluding
publications advisors, professional
journalists and college professors from
across the nation. Judging of this year's
contest was based on all issues of each
entering newspaper published from
January through December, 1978.
Kenneth W. Golliher was editor-in-chief
of the Examiner during the spring semester
of 1978 and Susan Turner Barnett and
Valerie L. Salven served as co-editors of
the publication during the fall semester of
1978. Professors Marlin M. Volz and
Albert T. Quick are the faculty advisor and
consultant, respectively, tot he Examiner.
Ratings of publications entered in the
CSPA competition are comparative, and
reflect how a publication stands compared
to other publications produced under
similar conditions. The ratings were an­nounced
at CSPA's Spring Convention in
New York on March 16, but the scorebook
and critique sheets for the Examiner had
not been returned to the school before
publication deadlines for this issue.
Issues of the Examiner published during
the 1978-79 academic year are eligible for
competition in another newspaper contest
sponsored by the Law Student Division of
the American Bar Association. Results of
the ABA/ LSD competition will be an­nounced
at the ABA convention to be held
in Dallas, Texas, this August.
The 1978-79 academic year marked the
fourth consecutive year of publication for
the Examiner. Its .operating budget is
primarily derived from three sources: The
Law Alumni Foundation of the University
of Louisville, the Student Bar Association,
and state funds. Some revenue is also
received from advertising.
New editors for the 1979-80 academic
year were chosen by the Examiner staff at a
recent election meeting. The new editorial
board members are: Sam Carl, editor-in­chief;
Greg Yopp, managing editor; Bruce
Dudley and Shaun Esposito, associate
editors; and John Wright, business
manager. The new staff editors are: An­drew
Altman, news editor; Frank Burnette,
city editor; Elizabeth Ward, projects
editor; and Craig Bell, articles editor.
Plans For Expansion
Approved by Council
The state Council on Higher Education
has approved the proposed $5.9 million
addition to the law school.
The Council's action, on April 12, clears
the way for U of L to seek bids for the
77,000 square foot addition, which will
include a new east wing located where the
annex now stands, expansion of the west
wing, a structure connecting the two wings,
and remodeling of existing structures.
Further council action will be necessary
only if the bids received exceed the $5.9
million by I 5 percent.
Tentative plans call for work to begin in
June and be completed by May 1981.
Inadequate facilities have threatened the
law school's accreditation by the American
Bar Association since an inspection in
1976.
Dean Harold G. Wren commented about
the Council's action, "Hopefully this will
be the beginning of the new era. It's a
·major step in the history of the law
school.''
l Louisville Law Examiner, Aprill7, 1979
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Editorial Criticized
Dear Editors and future members of the
press,
"Wise men are not always silent-but
know when to be"-author unknown. By
writing this letter, I may not be letting my
wisdom be known, however, I do not think
the editors of the Law Examiner displayed
wisdom by printing their editorial in the
March 27, 1979 edition with half-inch
headlines that portrayed that the Dean
needed to display respect for students .
Letters to the Editors
No one will ever be able to truthfully say
that I have anything but the deepest faith
and respect for the Constitution and in par­ticular
the Bill of Rights, but one must
always remember that the bottom line on
any legal theory is reasonableness. And a
newspaper editor that is also trained in the
law and ethical considerations should be
even more alert to the reasonable limitation
that should be put on any of the constitu­tional
rights including freedom of speech
and the press that may be asserted.
After reading this article it was not
shocking to me that the editors feel they are
treated with disrespect, because even the
most temperate judge when provoked can,
on occasion, display retaliation to parties
who do not give the deference to the court
room that justice mandates.
I have had personal discussions with the
Dean and the Assistant Deans on numerous
occasions and I have never even seen a hint
of disrespect or annoyance with any issue I
care to discuss; but the secret is that this is
usually a mere result of one treating
another fellow man with respect of his or
her feelings or rights that are just as much
due as are mine. In my opinion the Dean
and his Assistant are the punctilio of
leaders and gentlemen.
In the article, the attitude revealed was
one of "give me all of my rights and
privileges or I'll assert them regardless, but
you don't get any."
The Dean did not have to make the
speech to the students and his doing so only
displays his_ concern for the students_~_n~
his efforts to let a little sunshine mto the
closed, smoke-filled rooms where everyone
complains that policy is usually made
without an opportunity to voice their
opinion. The students should have shown
appreciation. Instead, with the malicious
attack made on the Dean, he will probably
think twice before he makes a decision to
address the student body again concerning
policy decisions.
What really was so ironic was the
editors' allusion to the fact that the speech
was really an unenlightening "slick presen­tation"
and then they got upset because
they couldn't write about "nothing" in
their paper. (I did not hear the presenta­tion,
so I have no opinion as to the sub-stantive
issues.) They also seemed upset
because they couldn't write about ''tough
quest ions with inadequate answers."
I realize prior restraint was very
prevalent on the minds oft he scriveners of
the Bill of Rights and that the First Amend­ment
is one of the most cherished of these
rights, but we all have our moments of
aberrations. Rather than flying into a rage
and smearing the aber-rant's name in a half
page article, I think it would ha~e shown
more responsibility on the part of the
editors to calmly sit down and discuss with
the Dean, who was gratuitously giving the
address for the students' benefit, and try to
understand why he felt as he did and try to
persuade him of the editors' viewpoint and
therefore reach an understanding. War
very rarely settles anything but suppresses
animosity and misunderstanding, which
later erupts again.
Everyone knows that officials have to
take care in what they say else someone will
misunderstand or misquote or give grossly
slanted views, and this can possibly lead to
very disasterous results for someone who
otherwise had the listener at heart. Since
the speech was for the students' benefit, it
is only fair that the student paper give a
clear and unopinionated synopsis of it in a
later edition if the paper also had the
student in mind. Therefore, I see nothing
wrong with the Dean's desire to make sure
twisted, slanted or incomplete versions
were not presented for the benefit of those
students who could not appear. And further,
if the Dean was as much assured of the
courtesy, responsibility and respect on the
part of the school paper as the paper
desires assurance from the Dean, then this
whole mess would probably not even have
occurred.
But if this past article is any indication of
the usual professionalism displayed by the
sfaff Oft he paper ,1 cannorumlersnrnctwh
they are so bewildered that someone would
act irrationally with them.
This newspaper desires all its free speech
rights, rather, demands these rights, but
does not seem to care or realize that other
people would like to exercise the ability to
freely discuss problems with a dean without
being restrained by the fear of being mis­quoted
or ridiculed by a newspaper, or the
ability to listen freely to the discussion or
the concern for another's right of privacy.
Another example of their disconcern for
other's rights, in that same paper issued
was an article in the paper of my being a
member oft he Brandeis Society. However,
if school records are to be kept secret for
Louisville Law Examiner
Winner /979 Medalist A ward,
First Place-Columbia Scholastic Press Association
EDITORIAl. BOARil
Susan Turner Barnell, Co-Editor-in Chief
Valerie Salven, Co-Editor-in-Chief
Shaun Esposito, Associate Editor
Elizabeth Ward, Business Manal(er
STAFF
Greg Yopp, City Editor
Bruce Dudley, Brandeis Brief Editor
Jerry Adair, News Editor
Sam Carl, Projects Editor
Rick Masters, Articles Editor
Jerome A. Mirabito, Executive Editor
Pat Chism, Photographer
Gerald F. "Bear" Schray, Artist
John Greenup, Asst. Business Manal(er
And~- Altman
Crail( Bell
!-'rank Rurnt>ltt'
Kt>nnt>th Golliht>r
Bill Kt>nt>ab
Tim Salansk~
John Wril(ht
Judge MARLIN M. VOLZ, Advisor Proft>ssor A 1.81-:RT T. QUICK, Consultant
The Louisville Law Examiner is publisht>d t>ight timt>s durin!( tht> academic ~t>ar in the
interest of the University of Louisville School of taw communi!). Unsil(ned t>ditorial opinions
are those representing a majority vote of tht> t>ditorial board and do not net·t>ssaril~- exprt>ss the
views of the School of Law or tht> Univt>rsity of touisville.
Articles are invited from faculty mt>mbt>rs, students, and memht>rs of the har who wish In do
freelance work, but any propost>d articlt> must be cleared in advant·e with the editor as to topk
and length. This is to avoid duplication of coveral(e and insure that the artide will not he
beyond workable length for a newspaper format.
Address all communications- to the Louisville Law Examiner, School of Law, Universil) of
. Louisville, Louisville, Kentucky _40208. Phone 502-588-6399.
the protection of a student's right of
privacy where did they get this informa­tion?
I don't remember being asked if I
cared to be the topic of an article.
Although this was not derogatory, would
they also publish a list of people who
flunked out of school if by happenchance
they stumbled across the list? Probably so,
since the editors are demanding they freely
assert their First Amendment rights
without any prior restraint whatsoever.
N0r do I think it was merely fortuitious
that the layout of the page of the paper that
attacked the Dean also happened to have a
letter from a professor on leave of absence
who was commendtng the paper "as the
best ever seen. "
To a reader who is not as enlightened on
school affairs as we, this may look as if
Professor Leibson was inCittng or
stimulating or commending the student's
attack on the Dean. But then again those
enlightened may not even have given a
second thought to the professor's opinion.
And others may not have even correlated
the two articles . But to me, the positioning
of these articles could have caused
misunderstanding that the paper seemed to
have ignored or maybe deliberated.
I don't want to end my first and pro­bably
last dissertation to a newspaper on a
bad note, so I want to commend all
students and the paper's staff who take
time and energy out of their busy schedules
and devote it to public or student causes.
But in the profession we have chosen (or
that chose us) we should practice
temperance and reasonableness and always
remember that there is more than one side
to any issue, right or privilege. Therefore,
we should seek answers to problems that
are rational and just, and not solutions in­cited
by revenge.
"Fine Eloguence consists in sa ing all
that should be, not all that could be said."
-author unknown
Respectfully,
Lucy B. Richardson
Third-year student
Edilors' No1e: No reference was made /o
either of 1he associate deans at any point in
the March 27 editorial, and no reference 10
!hem was in/ended. The lis! of new
Brandeis Society members was published at
the requesl 1![ !he president of !he Brandeis
Society.
Editorial Supported
Dear Editors,
I'm writing to commend the Examiner's
co-editors for their excellent editorial of
March 27 concerning Dean Wren's less than
solicitous attitude toward the First Amend­ment.
The occasion of a State of the Law
School address offers one of the clearest
reasons imaginable why the First Amend­ment
enjoys - or should enjoy - an
elevated status in our hierarchy of legal
values. Dean Wren's subject matter -
accreditation, the fate of the night school,
minority recruiting, work regulations,
etc. - carried critically important implica­tions
for everyone in this institution, both
now and in the future.
It was critical enough, in fact, to require
not only his best individual speech efforts,
but also his candid and satisfactory
responses to attendees' questions - ques­tions
most of which, in the best traditions
of adversary jurisprudence, were pressed in
a probing, determined search for the whole
truth.
Unfortunately, a great many of us were
unable to attend - I, for example, was
occupied with the SBA polling place - and
hence were depending upon the Examiner
and its supposed First Amendment right to
inquire and print to inform us of events
profoundly affecting our future. Dean
Wren's preemptory command to the
Examiner's reporter to shut off the tape
machine was a totally baseless and indefen-sible
act of administrative paranoia. It not
only invaded the Examiner's right to report
the results of the question period using the
most accurate means available, but it also,
ironically enough, destroyed the only 100
percent accurate record of the question
period, one which the Dean himself could
have sorely missed later were he to feel
misquoted.
Freedom of assembly for a few is no aid
to democracy when restrictions on press
freedom restrict the right of the many to
know. None of the narrowly-framed
judicial exceptions to the First Amend­ment's
normal broad sweep were evident in
the Allen Courtroom that day - certainly
nothing which could justify Dean Wren's
action to a calm, reflective mind. At the
risk of sounding naive, I would suggest
that justice- or at least some sensitivity to
the Bill of Rights - should begin in the
Law School and, regarding the school
itself, in the mind and heart of the Dean.
The "30-minute gap" is hardly an illustri­ous
step toward this ideal.
The contrast between Dean Wren's
conduct and the sober and balanced
analysis of the Examiner's editorial speaks
volumes for the quality and courage of this
newspaper. Those of us whose devotion to
First Amendment values extends past the
Constitutional Law U exam have good
reason to commend its staff, and much to
look forward to next year.
Hal Sanders
Second-year Student
Final Analysis
Dear Editors:
The first year of law school is all but
over for the Cfa~soPSI.Alreai:ly a~great
many changes are IHlticeable. The en­thusiasm
and optimism have disappeared
and have been replaced by apathy and an
appreciation of 1 he system which engulfs
us. It is unfortunate.
The transition was not without provoca­tion.
Far from praiseworthy bar scores, ac­creditation
scares, lower than anticipated
first term grades and rumors of arbitrary
grade alterations have all played their part
in draining the spirit from us. A type of
learned helplessness is now prevalent
among our ranks and no relief is in sight.
The grapevine has it that grades will be
even lower for us this term, which means
that a sizeable port ion of the class will not
return in the fall.
One cannot help but think that we are
puppets and that those pulling the strings
derive some kind of pleasure from 1 heir
almost complete control over our futures. I
personally resent 1 hat for several reasons. I
sense 1 he same resentment and resulting
fear in many of my peers.
I think I can safely say that we all came
here to learn a profession, not to be
manipulated or insulted because we are
"only students." I have 1w desire to
challenge the administration of this school.
I am here to learn-to acquire the best legal
education this institution can pr<wide. It
disturbs me that so many petty obstacles
get in the way oft hat goal. ·
My vested interest is in this University;
comparisons with other law schools really
seem irrelevant to me. Quite frankly I
could care less about UK, or Harvard for
that matter. I will admit my perspective is
limited, but I see no fatal flaw in that.
Accordingly, I feel that I should do
whatever I can tn improve the quality of
education I obtain here. If that sounds
pretentious, so be it. Nt,ne of us got here
because we lacked intelligence or drive.
Furthermore, if there' is any truth in the
libretto of a lawyer's role in the com­munity,
we have no right to be timid.
It has been said that unless you are part
oft he solution you are part of the problem .
If I am to be categorized I prefer the
f,
Louisville Law Examiner, April17, 1979 3
former. With that in mind I submit what I
hope is a constructive suggestion.
It is a fantastic understatement to say
there is a lot of anxiety centered around
exams. Certainly some of this is reason­able
and even beneficial. However, after
exa~s are graded this anxiety should be
released. Feedback would seem to be the
key, but that is only available in small
quantities at present.
For me at least, there is no value in
looking at a graded exam when there is no
standard of comparison. The grade is com­pletely
arbitrary unless you are aware of
your deficiencies and proficiencies. I fail to
see how one can be expected to improve,
ostensibly for the bar, unless his per­formance
is critiqued, and not simply
criticized.
There must be a happy medium between
total academic freedom and externally im­posed
standards. I am willing to work
toward tt)at middle ground. I see no reason
to expressly or impliedly challenge
anyone's integrity in the process. In other
words, I don't want to oppose "the
system ," :I want to change it from within.
When exam questions are written the
professor must have in mind an outline of
what he expects the students to submit in
response. There will be more than one pro­per
response to any question, but there are
obviously certain factors that separate a
"good" response from an "average" one.
All these factors are not subjective.
I do not think it would unduly infringe
on a professor's academic freedom to re­quire
him to prepare .some type of outline
of what he expects the student to cover in
his answer. Such an outline need not be ex­haustive
to be valuable, for the purpose is
feedback,. not evaluation of the professor.
Clearly the professor is capable of prepar­ing
an ideal response that would be im­possible
to emulate.
There would still be latitude for such fac­tors
as writing style and additional relevant
points no't originally considered by the pro­fessor,
but some standard of performance
would be readily discernible. Certainly a
student would not complain because he was
awarded :points for coverage the professor
had not anticipated. Conversely, he could
easily determine why the answer was not
given ful.l credit.
Some professors currently prepare a list
of "buzz words" with their exams, and
make this list available to the interested
student. This provides some objectivity to
the ordeal as well as the much desired feed­back.
At the very least, some self­confidence
would be promoted through
knowing where you were correct in your
analysis oft he problems presented.
Unfortunately, .as students we are in no
position to require anythi11? of the faculty
or the administration. Anyone who thinks
the SBA can ~ake demands is not being
realistic. We can only request.
However, a concerted effort may be per­suasive.
If I may borrow another's
thought-we must all hang together, or in­deed
we shall all hang separately .
Although it may sound trite, I want to be
proud of the time I spend here and of the
people I meet along the way. And even
though we may not change "the system,"
through working together at least we will
be ~ble to say that we didn't let it beat us
down.
A member of the Class of '81
(Name withheld by request)
Goals of the SBA
Dear Editors:
We are writing to take exception to
several of the statements made by SBA
President Matt Welch in your March 27
-
"'" --'r-;:;>--------
'·· -·· --:;::>
--~
issue. The major thrust of the interview,
and presumably of his tenure in office, is to
encourage the faculty to "build the egos"
of the U of L students. Perhaps many
students feel this is a proper goal-we do
not. Rather than the nurturing of egos,
legal education is more properly dedicated
to learning. Whether the administration
and the faculty "tear down and make the
srudents feel inferior" is open to debate,
but any resulting belief on the part of
students in their own inferiority would
hardly be justified. If this is truly the cause
of the school's pass rate on the bar exam,
as suggested by Mr. Welch, the proper
preparation for the exam would include in­struction
on the power of positive thinking!
Mr. Welch cites with approval the fact that
Chase and UK make their st uden ts "feel"
that they know the law- a fact probably
unknown to those students. "Feeling" that
one knows the law and knowing the law are
obviously two different things, and it is dif­ficult
to see the relevance of the former to
passing the bar exam.
It is possible that Mr. Welch has
mistakenly called for more " positive rein­forcement"
when what st uden ts need, and
are rightly demanding from the faculty,
administration and from each other (in­cluding
elected representatives). is
RESPECT. Rather than an effort being
made to "tear down and make students feel
inferior," there is, if anything, a neglect of
students' needs due to a lack of respect and
communication. Rarely, if ever, is student
opinion sought on issues directly affecting
students' professional preparation. Un­fortunately,
it is unlikely that that opinion
will be sought from the one channel osten­sibly
open if Mr. Welch persists in ap­proaching
his duties with the attitude that
the faculty "wants to get rid of us."
"The mutual confidence on which all else depends can be maintained only by an
open mind and a brave reliance on free discussion."
-Learned Hand
Let us know your point of view.
Letters to the editors ~hould be typed and signed. The editors reserve the right to
edit letters for space considerations and for clarity.
:::......_ __ --~
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..:...=..-..---------- ----. ~
-- · -· · · -~
Finally, we question the accuracy, if not
the wisdom, of Mr. Welch's claim that the
SBA is "working towards the goal of
abolishing the bar exam in Kentucky for
residents of Kentucky who graduate from a
Kentucky law school." By what mandate
and through what channels is the SBA
dedicating itself to that goal? Investigation
of bar exam results on a statewide basis is
being pursued, but it is impossible for us to
see how the bald elimination of the bar
exam of itself would improve "the quality
of instruction and learning at the law
school." Such a proposal borders on their­responsible
and we call upon Mr. Welch to
consider the voices he represents before
lending the name and prestige of his office
and this school to such a cause.
Sincerely,
Matthew Livingood, Second-year student
Tip Richmond , Second-year student
Moot Court Praised
Dear Editors:
I would like to take this opportunity to
publicly commend this year's freshman
Moot Court competition. When an exercise
within this school is conducted with the
degree of professionalism and skill that this
competition was, I feel it is important to
recognize those people who contributed
their time and efforts to insure the pro­gram's
success. Jim Seiffert · and Jerry
Mirabito are deserving of special recogni­tion
. Although they would be the first to
point out that the program could not have
been successful without the voluntary ef­forts
of the student mentors, faculty, and
practicing attorneys, the planning and time
that these two individuals gave to the pro­gram
was substantial and essential to its
ultimate success. As a member of the law
school student body, I thank them for this
bright example of the fruits of personal
dedication and cooperation between
students and faculty.
I challenge the new Moot Court Board to
build and improve upon this year's pro- ·
gram in a way that further establishes the
positive role that moot court competition
can play in legal education. The student
mentors, the Moot Court Board, the ,par-llctpating
faculty, and the attorneys and
students who acted as judges, have served
us well. We, as students, owe them our
gratitude. ·
. Sincerely,
Tip Richmond
Second-year student
Funds Sought
For Placement
by Sam Carl
After declaring a new student placement
office to be a top priority for the coming
year (March Examiner), SBA President
Matthew Welch has announced that some
progress toward that goal has already been
made. "The outlook is bright for having a
salaried placement director within a year.
SGA President John Gardner has promised
us his support for funding this position and
Dean (Norvie) Lay has granted two tuition­remtsston
scholarships for student
assistants who will work in the office."
Both Dean Lay and Mr. Welch regard a
salaried position for the placement office
director as essential. Dean Lay explains,
however, that "there is no money in the
present budget for a salaried position and
such funds must come from the central ad­ministration.
The present operation of the
placement office has been run on a shoe­string."
He estimates that $7,500 to
$15,000 would be needed to attract some­one
to the position.
Professor Marlin Volz has overseen
placement office activities in the past by
employing his office staff to handle in­quiries
and the posting of job related
notices. Bob McBeath, a clerk for Pro­fessor
Volz, presently coordinates much of
the placement work incidentally to his
other duties. According to Mr. McBeath,
organization of career night has been the
office's major project each year.
4 Louisville Law Examiner, April17, 1979
'Practice' Makes Perfect
Dressed in crisp, conservative suits and
armed with file folders and legal pads, the
attorneys arrived at the courtroom in the
Jefferson Hall of Justice to argue The Big
Case. The plaintiff was a woman suing for
damages resulting from the alleged
negligence of · the defendants which
culminated in a stillbirth. The defendants
were her attending physician and the
hospital.
But this was not quite your typical
medical negligence trial. Opening
statements began at 4:30 p.m., an hour
when acttvtues in the Jefferson Hall of
Justice are usually winding down. And the
man seated behind a nameplate inscribed
"JUDGE CHARLES M. LEIBSON" was
actually attorney Gary M. Weiss, a part­time
instructor at the University of
Louisville School of Law.
And the case itself, although based
upon an actual occurrence, was only
hypothetical.
The courtroom scene was all part of the
final assignment for students enrolled in
the Trial Practice course at the School of
Upper left: Third-year student Rob Littlefield condul·ts a crnss examination of the defendant physi­cian,
role-played by allorney/ instructor Gar~· M. Weiss.
Above: Third-year student David Scholl questions the "defendant" about the. plaintiff's medical
records. Other members of the Trial Practices class served as jurors.
At left: Third-year student Elizabeth Graham and second-year student Jal·kie Schrnerinl( listen intent­ly
to the proceedin~s frnm the counsel table.
Below: David Scholl is interrupted durin~ his cross examination by an objel·tion made b~· third-~·ear
student James Thomas, ri~ht .
Law. After spending the first part of the
course in the classroom di scussing trial
techniques and procedures, the class began
meeting downtown in late March to con­duct
a mock trial and to practice what they
had learned . Each of the 21 students was
assigned a certain part of the trial in which
he or she would participate as an attorney
on voir dire, opening statement , a direct
examination or cross examination of a
witness, or closing argument.
Mr. Weiss handled the duties of judge
during the proceedings, ruling on objec­tions
and sometimes interrupting the trial
to note when an objection should have been
made by the students but was not.
On occasion, Mr. Weiss would demon­strate
a direct or cross examination for
the class to compare with the student
performance.
No "winner" was declared in the trial,
and the pace of the proceedings would not
have measured up to "Perry Mason" stan­dards,
but hopefully, the mistakes made by
the future attorneys during the mock trial
will serve an important purpose: Future
clients will benefit and will not have to
watch these mistakes being made during a
real trial in which the students will one day
participate.
Loulsvillr Law Examiner, Aprill7, 1979 5
Appearing in the
·Journal of Family Law
Volume 17, Number 2
Articles
THE EFFECT OF UNMARRIED COHABITATION BY A FORMER SPOUSE
UPON HIS OR HER RIGHT TO CONTINUE TO RECEIVE ALIMONY
By J. Thomas Oldham
The author discusses the effects that unmarried cohabitation by a divorced person
has and should have upon that person's right to continue to receive alimony from
the former spouse. Recent judicial and legislative approaches to this question are
presented and evaluated. In addition, the author considers factors affecting the
right of a divorced person to receive support payments from a former spouse or a
former cohabitant upon termination of unmarried cohabitation.
CHILD CUSTODY DETERMINATION-A BETTER WAY!
By Sheldon G. Kirshner
The author proposes an alternative to the present system of child custody deter­mination.
Traditional tools and a proposed legal-social service integrative approach
and methodology are explored against a backdrop of two fact patterns typical of
both common and complicated custody matters.
Legal Essay
The essay presents an historical overview of bigamy and a survey of the current
criminal law statutes in the Uniteci States. The author offers a commentary on the
decriminalization of bigamy which he suggests has incurred in fact, despite the laws
"on the books."
Notes
NATURAL CHILDBIRTH: RIGHTS AND LIABILITIES OF THE PARENTS
Many of the legal issues associated with the prepared childbirth movement are
discussed in this Note; i.e., the right of support persons to be in the delivery room,
the mother's right to refuse certain drugs and procedures, potential liability of
childbearing centers, the legal risks of the professional who attends a homebirth,
and the status of midwives.
RACIAL MATCHING AND THE ADOPTION DILEMMA: ALTERNATIVES
FOR THE HARD-TO-PLACE
" Discretionary" adoption agency policies and judicial reluctance to overrule
them have apparently resulted in the classification of a disproportionately large and
growing number of minority race children as ~' hiud-to-place . " These children are
condemned to a childhood of institutionalized cart> or successive foster home
placements while a "black market" in white babies is thriving. The Not:! discusses
this recent phenomenon and the potentially irreversible harms which may result,
and surveys current law, practice, trends and controversies surrounding the
appropriate use of racial considerations in adoption determinations.
Case Notes
The following issues are presented and analyzed in the Case Note section: The
constitutionality of Alabama constitutional and statutory provisions which denied
men, but not women, the right to vote upon conviction for "assault and battery on
the wife;" includability in employee's gross income, as compensation, of educa­tional
benefits, where the employer paid sums to a trustee who paid high school
educational expenses of employee's children; retroactivity of a statute granting
wives the right to damages for loss of consortium where no such right existed at
common law; compliance with an antisuit injunction issued by a sister state's court;
authority of a court to award child support where the petition for divorce contained
no prayer for child support; constitutionality of a municipal corporation's policy of
not employing spouses of current employees as applied to a cohabiting couple.
Recent Cases
Over fifty recent cases are summarized in this issue of the Journal.
Bankruptcy Class Held
ALl/ ADA-Philadelphia-The course and their client s. The course will emphasize
of study entitled The New Federal the in-court and out-of-court techniques
Bankruptcy Code will be held June 14-16 in and tactics which will constitute the art of
San Francisco . Three more presentations practicing under the new law. Corporate
are scheduled between July 1979 and and commercial lawyers will benefit from
January 1980. This program is sponsored an in-depth discussion of the effect of the
by the American Law Institute-American code on lending and leasing to solvent and
Bar Association committee on Continuing insolvent businesses.
Professional Education (ALI-ABA). Topic content covers organic changes in'
The new code, which becomes effective bankruptcy administration, substantive
on October I, 1979, represents the first law changes, liquidation, adjustment of
complete revision o[ the bankruptcy laws · debts of individuals with regular income,
of the United States in 40 years. In addi- partnerships, special tax provisions, and
tion, the legislation significantly modifies business reorganizations.
or affects tax laws, securities laws, and The registration fee for the program i~
many other laws encountered by an $265 which includes a reception, three
attorney in corporate practice. Familiarity luncheons, and a set of specially prepared
with the new bankruptcy code is indispens- study materials.
able not only for bankruptcy and commer­cial
lawyers but for corporate and real
estate practitioners as well. ··
This course is designed to emphasize the
practical and offer a thorough understand­ing
of how the law will affect practitioners
For further information, or to register
for the course, please contact the Registrar,
ALI-ABA, 4025 Chestnut Street, Phila­delphia,
PA 19104; or telephone (215)
387-3000.
Commonwealth's Attorneys
Oversee Special Programs
by Shaun Esposito
The Jefferson County Commonwealth's
Attorney's Office does more than just pro­secute
suspected criminals in the traditional
manner. The office administers several
special programs which augment its basic
role.
The Career Criminal Bureau was
established to identify and expeditiously
prosecute repeat felony offenders. The
bureau, established in 1976, screens people
who are arrested on charges which meet the
Bureau's criteria: murder, rape, robbery,
burglary, assault, sale of narcotics, and
kidnapping. The office then attempts a
speedy prosecution of the habitual
offender.
Statistics indicate that the Career
Criminal Bureau has obtained convictions
in 98 percent of its cases. The average
length of sentence received is 15 years.
The bureau is directed by Assistant
Commonwealth's Attorney Geoffery Morris.
The Commonwealth's Attorney's Diver­sion
Program, directed by Assistant Com­monwealth's
Attorney Paul S. Gold, pro­vides
an alternative to prosecuting certain
first-time felony offenders. It is the first
federally funded program of its kind in the
state. The program offers certain non­violent
felony and misdemeanor offenders
rehabilitative counseling as an alternative
to prosecution. Prior arrest records are
closely screened before a client is accepted
into the program. If the accused is a known
narcotics user or trafficker, or is currently
charged with a violent crime, he may not
enter the program. further, persons with
extensive juvenile records, or more than
five misdemeanor convictions, or those
who have previously participated in such a
program are ineligible.
The Economic Crime Unit, directed by
Maurice A. Byrne, deals with a wide
variety of "white collar crime" ranging
from consumer fraud to bribery and com­mercial
kickbacks. The goal of the unit is
to identify, investigate, and prosecute
economic criminals. Primary emphasis is
placed on business crimes and frauds.
Statistics furnished by the department in­dicate
that, of 173 cases handled by the unit
during its first year of funding, convictions
were obtained in 91 cases, with 77 left pen­ding.
Over $227,346 in restitution was
ordered by the court.
The Commonwealth's Attorney Track­ing
and Case History System (CATCH) is
supervised by William Chiquelin, Systems
Administrator. The system keeps more
than 150 items of information for every
case in its computer memory. Information
about the crime itself, the defendant, the
progress of the case, and victims and
witnesses are kept on hand for swift refer­ral.
A defendant's past criminal record can
be quickly obtained from information pro­vided
by the FBI and the National Crime
Information Center. An IBM 370/155
computer is used for the system.
The Victim Information Program (VIP),
conceived by Commonwealth's Attorney
David Armstrong, provides a variety of ,
services for crime victims. The program,
headed by Ms. Pat Thacker, notifies vic­tims
by letter and telephone of the status
and dispostion of their cases. Babysitting,
transportation and numerous social ser­vices
are provided for victims.
Ms. Thacker said the purpose of the pro­gram
is to let the victims know there is a
program helping them to follow through
and prosecute. She also plans an increased
public education program to inform groups
about the services offered by the program.
Student Legal Research Group
• memoranda of law • trial briefs •appellate briefs
For further information concerning the Group's services
please write or call:
University of Louisville
School of Law
Louisville, Ky. 40208
(502) 588-6399
MICHIE~€?
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 lawyer­editors
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 Schultz
Sales Representative
821 Skylark Drive
Louisville, Kentucky 40223
(502) 583-887 4 or 425·0834
6
The annual Ball on the
will be held Tuesday, May 8.
Belle of Louisville will cruise th
Ohio from 8 to 12 p.m., while
Tren-dells provide
Louisville Law Examiner, April 17, 1979
Student Bar Association
dent Matthew Welch said the
on the Belle is the one big
raiser for the SBA. It
money for the smokers
hout the year.
All students, faculty,
tration and staff are invited.
Welch said, "Hopefully, a lot
alumni will attend also."
Tickets are $10 a couple
are available from SBA
and a number of students.
and set ups will be provided.
Black tie is optional. Last
dress ranged from
tuxedoes.
Brandeis Society Proposes Award
problem.,; Among the possible sources of
funding mentioned were the Dean's dis­cretionary
fund and contributions from
alumni.
The project is still in its formative stages.
The precise details will not be available un­til
after final approval by the administra­tion
oft he School of Law.
Auxiliary Plans
Commencement
On May 13th
Commencement exercises for August and
December 1978 and May 1979 graduates
will be held Sunday, May 13 at Belknap
Campus.
Commencement activities are being
planned by the Law Auxiliary, an organiza­tion
of spouses of law students. The
Auxiliary, headed by Carolyn McCarty, has
"really worked hard and done a terrific job
of planning," according to third-year
student Rookie Medaris, liaison for
commencement.
A luncheon for graduates will be held
May 13 at noon in the Cox Classroom.
Each graduate may bring three guests.
Reservations are necessary and may be
made by signing up with Margaret Allen in
the Dean's office or calling 588-6358
between 8:30 and 4:30. Presently there are
no plans to allow graduates more than
three guests because of space considera­tions.
University commencement exercises will
follow at 1:30 p.m. on the Oval in front of
the law school.
A reception will be held at 3 p.m. in the
Cox Classroom, followed by the law school
commencement at 4 p.m. on the lawn
behind the school. There is no limit on the
number of guests for the commencement
exercises, although the Auxiliary requests
that graduates estimate the number that
they will invite when they make their
luncheon reservations. Invitations should
be available the week of Aprill6.
In case of rain, the exercises will be held
at Dupont Manual High School.
The Brandeis Society was founded in the
spring of 1977 for the purpose of giving
recognition to University of Louisville
School of Law students who excel academ­ically.
The current president of the
Brandeis Society, Alan Parsons, speaks of
it as a hopeful forerunner of a local chapter
of the Order of the Coif, a national
organization which recognizes academic
excellence.
Membership in the Brandeis Society is by
selection and is predicated upon comple­tion
of at least 45 credit hours. To be
eligible for selection one must also be in the
top five percent of his respective class
scholastically. The Brandeis Society
presently has 29 active members.
serious consideration is the awarding of a
medal by the Brandeis Society "to recog­nize
the accomplishments of an individual
who represents 'Brandeisian' qualities .. .
an individual noted for scholarly at­tainments
and dedication to education and
law." Mr. Parsons indicated that the first
recipient has not yet been selected since the
project is still in its infancy, but that
several prominent individuals are being
considered.
The details of the expected presentation
are not yet known. It is rather certain that
the actual presentation will be at the School
of Law. Mr. Parsons explained, "Besides
recognizing the man, we are hopefully
bringing recognition to the University ."
~evvs-Un-13rief
The election of officers for the upcoming
year was held recently. Officers for the
1979-80 academic year are: Matthew
Livingood, president; Don Becher, vice­president;
Karen Aldl!rdice, secretary­treasurer.
Mr. Parsons mentioned that the
Brandeis Society has under considera tion
means of promoting academic excellence at
the School of Law. A tutoring service for
law students was proposed. Although the
rendering of such a service has not been
ruled out, it has been temporarily shelved.
Another project currently under very
Estimates of the costs involved in the in ­itial
striking of the medal are roughly
$1 ,000, with the cost of subsequent is­suances
being substantially lower. The cost
is directly proportional to the type of metal
employed. Mr. Parsons added that the
awa rd may not be given annually, but
rather as circumstances dictate, and that he
hopes to get an endowment for that pur­pose
in the future.
Dean Steven Smith indicated his support
of the proposed award in a brief discus­sion.
"This is a project of such clear
merit ... fu nding will not be a major
Associate Professor Albert T. Quick,
will moderate the Juvenile Constitutional
Safeguards Workshop at the National Con­ference
on Juvenile Justice to be held in
Louisville. The conference, sponsored by
the Juvenile Just ice Committee of the
Young Lawyers Division of the American
Bar Association, will be held May 7-10.
Barb Kibler has been elected chair of the
Women's Law Caucus for 1979-80.
There will be another new registration
procedure for fall semester, according
to Student Bar Association President
Matthew Wel.ch.
All law students except those entering
WOODY'S TAVERN
&ALE GARDEN
broo & burnett
their first year, will register July 24 from I
to 6 p.m. Students should · go directly to
Strickler Hall . Only law students will
register at that time.
Students who live outside a 50-mile
radius from Louisville may regis ter by
mail. Any eligible student who wishes to do
so must sign up in the Records Office.
Students may regis ter la te any time that
the registration li nes are open for the
University.
Registration packets will be mailed to
students before July 24.
First year students will register August
20, at II a.m.
In the last issue of the Examiner we
reported that the starting date for the
Louisville session of the Professional
Lecturing Services Kentucky Bar Review
had been set for May 21 . At the request of
52 U of L seniors, the starting date for the
Louisville course was set earlier than usual
to correspond with the starting date for the
Lexington course.
Ironically, now 70 percent of the Univer­sity
of Kentucky seniors have requested that
the starting date for the Lexington course
be set back to May 29 because they felt that
three weeks is too long a time between the
end of the course and the exam. Profes­sional
Lecturing Services has complied with
this request also.
In a letter to Student Bar Association
President Matthew Welch, Donald H.
Smith, president o( Professional Lecturjng
Services, said, "It has been our position
that classes in the Bar Review should end
approximately a week and a half to two
weeks before the examination so as not to
give the students too much time to forget
the information imparted to them through
our course as well as to insure that there is a
regimentation to the study habits of all
students from the beginning date of the
class ."
Louisville Law Examiner, April17, 1979 ,
Two Alumni Offer Suggestions
(Cominuedfrom paf!.e /)
Alan Farber entered U of L Law school
in 1965; he passed the Kentucky Bar in 1969
and is presently a Commonwealth Attor­ney.
Mr. Farber has been active in grand
jury investigations of architectural barriers ·
in the Louisville area.
Mr. Farber was not handicapped when he
started law school. He was involved in a -
severe accident during his third year which
left him in a wheelchair.
All my friendships and ties were made;
the steps were an inconvenience, but not a
problem. I did not have the psychological
problems most handicapped students
have," Mr. Farber said.
Regarding his job hunting after grad­uation,
Mr. Farber said, "I was very lucky
in getting a job. I spent one year at the
University of Chicago; then I went directly,
sight unseen, wheelchair under arm to
Catholic University where I taught for a
year. Then I came back to Louisville as a
Commonwealth Attorney. The job struggle
was not hard for me, but I was atypical.
Other people have had problems. I even felt
some reluctance when I looked into the
corporate arena where modification of the
physical facilities would have been neces­sary."
He continued, "The one area I find a
very serious problem is that courtrooms are
not designed at all for attorneys practicing
in wheelchairs. The lawyer ends up looking
up at the witnesses .- a poor psychological
effect. In courtroom simulations, this
problem should be looked into more care­fully."
Mr. Farber discussed plans for law school
expansion. He said, "Most important in
building the new facilities, the planning
committee should try to bring handicapped
students on campus to sit down with the
architect. Otherwise the new facilities may
meet regulations and specifications but not be
utilitarian. The committee should look at
the differences between a handicapped
person who has full use of his hands versus
partial use, and so forth. I've seen a lot of
money thrown away on equipment that
looks functional, but isn't. When I was a
U of L student, I was there at a stage where
they tailored everything for me. My class­mates
even built a ramp at the back of the
building for me. I was living in a world that
was not the real world for handicapped
students in law schools. If I can be helpful
in any way in terms of design, I would
like to and would make the time."
Over $10 million are available in Ken­tucky
in federal funds for the use at any
educational level in removing architectural
barriers in the educational facilities for the
benefit of handicapped persons. A tax
incentive (which expires in 1980) is available
to all institutions which begin such projects.
Public Law 94-142 requires that any
educational institution receiving federal
funds for its programs must provide access
and opportunity for all handicapped
persons to participate.
Title V (1973) of the Rehabilitation Act,
with the 1976 addition (Regulation 504:
prohibits discrimination against handi·
capped persons in educational facilities.
A new state agency has been established
to protect the educational rights of students
who have developmental disabilities. The
Protection and Advocacy Division of the
Office for Public Advocacy was set up a
year ago to make sure that handicapped
students receive non-discriminatory evalua­tion
and placement in educational pro­grams,
as well as protecting other legal
rights of handicapped Kentuckians. The
office estimates that over 180,000'people in
the state have autism, cerebral palsy
epilepsy, or other conditions referred to as
"developmental disabilities."
Grievance Procedure
Available to Students
by Andrew Altman
and Craig Bell
Although copies of the law school
academic grievance procedure are available
at the law school records office, few
students are aware of the proper method
for presenting such a grievance. The pro­cedure
is as follows:
To initiate the procedure, the aggrieved
student must meet with the person or group
with whom there is a potential grievance in
an attempt to resolve the conflict mutually.
This must occur within 30 days after a per­son
feels he has been unfairly or unrea­sonably
treated.
If the conflict is not settled during the
preliminary meeting, the aggrieved student
has 60 days from the discovery of the
alleged unfair or unreasonable treatment to
file a formal grievance statement with the
dean's office. The statement must describe
the facts upon which the grievance is based
and state the relief sought. The grievance is
then assigned to an associate dean who is to
notify the person against whom the
grievance is filed and invite him to respond
within a specified time.
The associate dean will investigate the
matter and at his discretion may hold a
hearing. A decision will be rendered by the
associate dean and announced to the par­ties
involved, as well as to the dean. If the
associate dean feels the grievance is without
merit, he may summarily dismiss it.
Within 10 days of the associate dean's
decision, either party may appeal the deci­sion
to the dean. The dean's decision may
in turn be appealed within 10 days to the
law school qudent grievance committee
which is comprised of all full-time law
school faculty members who are not the
subject of the grievance. The grievance
committee decides whether to grant a hear­ing.
In the event that no hearing is granted,
the dean shall announce the reasons for
such denial and his decision shall be final
(provided he is not the subject of the
grievance).
When the dean is the subject of the
grievance, the grievance committee's deci­sion
will be referred to the vice president
for academic affairs for a final resolution.
Should a hearing be granted by the
grievance committee, the dean shall specify
a date for such a hearing. The grievance
committee will file a report with the dean
listing its recommendations. The dean is
free to accept or reject the committee's
recommendations, but if he rejects them,
he shall explain his reasons for doing so.
In the case of an appeal regarding a
grade, the appropriate dean or the
grievance committee may suggest to the
faculty member involved that a certain
grade be awarded. If the faculty member
chooses not to follow the recommendation,
and the committee deems it necessary to
avoid an injustice, the dean may order the
student be given a "pass" or an "ad­ministrative
withdrawal" from the course.
At the present time there is a University­wide
non-academic grievance procedure
which is available for use by law school
students. However, Student Bar Associa­tion
President Matthew H. Welch told the
Examiner that the law school is considering
adopting a non-academic grievance pro­cedure
of its own. This would involve ap­pointing
a student grievance officer who
will hear complaints from other students.
He will meet with a faculty grievance of­ficer
and attempt to resolve all controver­sies.
A similar plan was in effect during the
1940's and 1950's.
First-year student David Allen frequently views his duses ill the Allen Court Room from this pre­carious
position at the top of the ramp.
Firm Cures Legalese
by Greg Yopp
Let's face it. The legal profession is not
known for clear and concise writing. The
fact is, quite a few of the briefs, contracts,
memos and other legal documents drafted
everyday are difficult to read. But the
language of the law may be changing. New
York state has passed a plain English law
requiring all contracts with consumers to
be written in everyday language. Law
schools across the country have added legal
writing courses to their programs. And, a
California law firm has joined the plain
English movement in a very active way­they
have hired an editor.
Fadem, Berger & Norton, an innovative
Santa Monica law firm has hired a full­time
editor charged with the unusual task
of transforming legal jargon into
understandable English. The firm wanted
someone without any legal training to fill
the position and decided on Alexandra
Seros. Ms. Seros' educational background
is in theatre history and film and she is cur­rently
planning a career as a film director.
"I thought it was ridiculous. What could
I do there?" said Ms. Seros explaining her
reaction to the job offer from Jerry Fadem.
As it turns out, she can and has done plenty.
"I edit-that doesn't mean proofread­everything
that goes out of here," said Ms.
Seros. She edits every piece of paper, every
brief, legal argument, and even the smallest
letter before it leaves the firm. "I try to use
perception, intuition, logic, and feelings,"
said Ms. Seros. She edits for audience,
clarity, form, language and vagueness. All
the while she keeps an eye out for overkill,
sarcasm, and often asks herself how that
person "is going to feel when he gets this."
If she doesn't understand what the
lawyer has written, then there's a good
chance that the judges, other attorneys,
and the client won't understand it either.
To ensure an understandable work pro­duct,
everything written in the firm is
brought to Ms. Seros for editing. Once
she's gone through the item, it's passed on
to Mr. Fadem for further editing and then
back to Ms. Seros for final editing. Once
editing is complete, the draft is sent back to
the author who, according to Ms. Seros,
"in many ways has the final say."
It all sounds nice, but what do the
attorneys think? At first, there was some
friction at the firm. "They did n't know
what I could do," said Ms. Seros, "but
they just tried me out. Those secure in their
writi ng learned they could rely on me.
Those insecure fought it and saw me as a
log jam. Today, I'm seen as a help, not a
law exam or anything."
Besides editing, Ms. Seros tries to
package the work att ractively. She leaves
plenty of white space on each page by using
fewer and smaller words. The result is an
easier to read and eye catching document.
The technique also helps a lawyer unders­tand
what he is doing, said Ms. Seros,
"because it's harder to write using little
words."
On occasion, to emphasize a point, she
might add a cartoon to an appeal brief or
underscore key sentences so a judge won't.
overlook their importance. But whatever
packaging is done, it is tasteful. "We are
just trying to make sure whoever reads it
will understand it," said Ms. Seros.
Explaining why the editing is necessary,
Ms. Seros places part of the blame on the
law schools. "Some magic words are
necessary, but not to the extent . being
used." Offering support for the use of an
editor in his law firm, Mr. Fadem said in
an article appearing in the Courier­Journal,
that clear writing and packaging
does help win cases. "We never know for
sure that our well written briefs are im­portant,
but a number of judges have said
our written work is the best they've ever
seen."
The use of an editor has improved the
writing quality in Fadem, Berger & Norton.
Noting the firm's library has no form
books, Ms. Seros said, "The quality out of
this office is astounding. We don't invent
the wheel or anything, but the stuff looks
so good.:'
So the lawyers in one law firm have ac­cepted
and welcomed the red pencil of an
editor. But, despite their success, Mr.
Fadem says the idea is not catching on in
Southern California. "I talk about it in
lawyer circles and people just don't believe
me. The idea is really unthinkable," he
said.
Unthinkable or not, it has happened in
California and the plain language move­ment
is on.
Louisville Law Examiner. April 17, 1979
News Notes
The second round of the Freshman Moot
Court Competition was held March 29 and
30. Quarter-finalists are: Suzanne Erb,
William Mautner, Frank Burnette, Sharon
Conyer, Barbara Hartung, and Kevin
Ford.
JAMES P. QUEENAN
2509 Savannah Road
Louisville, KY 40222
(502)425·2174
THE LAWYERS
CO-OPERATIVE
PUBLISHING COMPANY
II II LCp
Phi Alpha Delta legal fraternity has
elected new officers for 1979-80. They
are: David Barber, justice; Doug U'Sellis,
first vice-justice; Tom McDonald, second
vice-justice; Doug Dowell, clerk; Jessie
Myers, treasurer; Janice Martin, marshall;
and Olivia Anne Morris Fuchs, reporter.
Drafting Legal
Documents
AM JUR LEGAL FORMS 2d -
The thousands of busine~, and
legal forms in this set are grouped
logically under 268 topic~ ami
carefully indexed under both
fact-words and legal concerts.
Drafting aids, hints, cautions and
observations enable you to tailor
your document to fit any situa­tion
. The Federal Tax Guide To
Legal Forms, a separate volume,
provides the federal tax implica­tions
of the instrument you are
drafting.
0 forms tied to the law in Am
Jur 2d and ALR
0 hundreds of optional clause~
give flexibility
[J numerous checklists guard
against omissions
0 form drafting guides offer
detailed practical help for
each form or group of forms
April17
April20-21
CALENDAR OF EVENTS
Last day for classes.
Continuing Legal Education, College of Law, University of
Kentucky: Workman's Compensation.
Aprii21-May 4 Examination period.
April27
Mc:.y8
Mayl1,12
May 15
July 24
Continuing Legal Education, University of Louisville: Trial
Court Practice: Jurisdictional and Venue Problems, Executive
Inn West, Louisville.
"Ball on the Belle." Departure time: 8 p.m. Return time: 12 a.m.
Tickets are $10.00 per couple. Sponsored by the SBA.
Continuing Legal Education, University of Louisville: Practical
Handling of Domestic Relations Matters, Ramada Inn,
Henderson, Ky.
Summer school begins.
Registration for fall semester, 1-6 p.m., Strickler Hall.
Louisville Law Examiner
School of Law
University of Louisville
Louisville, Kentucky 40208
John M. Harlan Louis D. Brandeis
Louisville
Law Examiner
Volume4
NumberS
April17, 1979
Examiner
wins journalism
award
.... page 1
Brandeis
Society plans
to offer
medal to
national figure
.... page6
In the photo at
right, Jackie
Schroering
presents an open·
ing statement
before "Judge"
GaryM. Weiss in
a trial staged by
students in Trial
Practice class
...• page4