Louisville Law Examiner
Serving The University of Louisville School of Law Community
Volume 5, Number 4 Louisville, Kentucky, February 1, 1980 Circulation 4100
Moot Court Board
Improves Program
by John B. Wright, Jr.
Traditionally, the comment is made that
the Moot Court program is the most mem­orable
experience for the first year student.
Each year the Moot Court Board, consist­ing
entirely of upper class students, has the
responsibility for insuring that at least the
potential for such an experience exists.
Bill Kenealy, Vice President of"the Moot
Court Board, explained, "While Professor
Ragan does a tremendous job of providing
guidance, virtually all of the planning and
decision making is left to the students."
The Moot Court program this year is
basically unchanged from previous years.
The Moot Court Handbook has been almost
completely adopted from last year. How­ever,
the Board has implemented several
important improvements.
The mentors now have "problem con­sultants"
to turn to for assistance in answer­ing
questions from mentees. Mr. Kenealy
stated, "This year we thought why not have
the four people who have worked with each
problem the longest available for special
consultation, thereby upgrading the com­petence
of the individual group mentors."
In addition to improving the overall
quality of "mentoring," the Board has at­tempted
to equalize the amount and kind
of assistance given to the mentees. "Last
year we did have some inconsistencies;
this year we have worked toward elimina­ting
these. I'm not saying that last year's
methods were bad but we did have some
complaints," Mr. Kenealy said.
Another area in which improvement
has been made is in problem selection. The
first year students are now working on one
of four completely different problems rela­ting
either to tort, contract, property, or
constitutional law. Mr. Kenealy stated,
"We have eliminated any bifurcation of
problems, that is, one group taking one
issue and a second group taking another
issue related to the same problem. Last
year there was some overlapping which
resulted in confusion. Now every group has
a separate problem which has again elimi­nated
just a small amount of that con­fusion."
These changes, however, are slight in
comparison to those made in the oral argu­ment
portion of the Moot Court program.
In the past only the winners of the required
first round were allowed to continue in the
competition. Now there will be a voluntary
second round for any student who wishes
to continue in the competition. According
to Mr. Kenealy, this will make the first
round like a "dry run" and relieve some of
the pressure on those who want to compete.
Also, the Board has decided to have the
entire competition completed during the
Spring semester rather than the traditional
procedure of holding the finals in the Fall
so that the incoming students could observe
an oral argument. Next year's freshman
class will have the chance to witness an oral
argument with the cooperation of the Na­tional
Moot Court team. These arguments
would be presented before actual judges
rather than students or faculty. Mr. Kenealy
stated, "The freshmen next year will have
to have something so why not show them
the best? This will benefit both the new stu­dents
and give the national team additional
preparation before judges and a crowd."
Previous National Moot Court teams
have been selected from a limited number
of students with little or no intra-school
competition. Mr. Kenealy hopes that the
changes made this year will encourage more
student interest and thereby improve the
quality of the National Moot Court com­petitors
who represent U of L.
Art Peter of the First Kentucky Trust Company explained simple will drafting during
the first "Lawyer's Club" lecture, held in the Allen Courtroom on January 22.
Mentor Sharon Conyer discusses moot court problems with a group of first-year stu­dents.
Seated clockwise are Ms. Conyer, Carol Teitelbaum, Stephen Wheatly, Tawana
Powell and Jeff Wade.
Attorneys To Provide
Practical Information
by Greg Yopp
If events go as currently planned, the·
University of Louisville School of Law will
have a new student· organization by the end
of this spring semester. The planned organ­ization,
which is the brainchild of Professor
Marlin M. Volz and third year law student
Grover S. Cox, will, through a series of
informal lectures by practicing attorneys,
provide interested students with practical
information concerning the legal profession.
Referred to as a "lawyers club" by Prof.
Volz, the lectures will be aimed primarily
at seniors but will be open to all law stu­dents.
Current plans call for an organiza­tional
meeting with the junior class some­time
after spring break where there will be
an election of officers and drafting of by­laws.
By following these formalities, said
Prof. Volz, "If it turns out to be a good
idea it will continue almost in perpetuity."
Explaining the purpose of the planned
organization, Prof. Volz said, "It tries to
bridge the gap between law school and the
practicing profession through a lecture pro­gram
wherein law students are acquainted
with the procedures for handling routine
matters in the law office such as drafting
legal documents, probating estates, organ­izing
partnerships and corporations, and in­vestigating
and trying in court."
Being a completely voluntary program,
the lecture series will carry no credit and
"does not detract from the learning of the­ory,"
said Prof. Volz, adding, "it would
provide the senior with some of the tools
the lawyer uses in practice, such as forms.
Students can carry out with them some
very valuable material. In some cases, all
you need to handle a routine matter.''
"These lectures are not going to replace
any classes," said Mr. Cox, "they are going
to be supplemental. In a way, we will supply
the current call for legal internships."
Mr. Cox said current plans call for every­one
who wants to hear a fellow attorney
talk about practical aspects of a legal prac­tice
to attend the lectures. "It reduces some
of your fears about what it's like out there,"
said Mr. Cox. As a practical matter, the
organization will be directed towards seniors
since the same topics will most likely be
repeated next year. Also, seniors should
have a higher interest since they will shortly
be leaving the academic aspect of the law
for the actual practice of law.
"It's really an outgrowth of the senior
seminar held last year," said Mr. Cox,
referring to a two part seminar concerning
resume preparation and employment inter­views
held at the law school last December.
"I have very positive feelings about it since
we got great reviews from the students
about the previous seminar. It's almost too
good to be true. We are relying on the gen­erosity
and interest of practicing attorneys
to share their knowledge with the students."
Mr. Cox envisions three fundamental
goals of the organization and its lecture
(continued on page 7)
1 Louisville Law Examiner, February 1, 1980
0
Commentary
Glimpse of Supreme Court Jolts Public Trust
Like a journalistic Toto undraping the
only Wizard of Oz left untouched by Korea­gate
and •Watergate, the authors of The
Brethren have created what may well be
the ultimate Legal Methods textbook with
their revelations concerning judicial deci­sion-
making by the Supreme Court.
Although it is strictly People Magazine
fare in places and hints of a National En­quirer
mentality, The Brethren has upset
the public perception of courts and of jus­tice
while proving again that few institu­tions
can emerge unscathed when the cur­tains
of privacy and confidentiality sur­rounding
them have been drawn.
Allegations of a leadership crisis on the
(;ourt have generated much of the hoopla
attending release of the book. For instance,
Chief Justice Warren E. Burger is described
as "a product of Richard Nixon's taste­less
White House, distinguished in appear­ance
and bearing, but without substance or
integrity." To assure readers that such con­clusions
are worthy of the name "jour­nalism,"
the authors rely heavily upon senti­ments
expressed by other Justices. "If an
associate in my law firm had done this,"
declares Justice Powell in reference to the
written quality of a Burger opinion, "I'd
fire him." And when the late Justice Doug­ias
is asked how he will decide .cases while
bedridden and suffering from failing eye­sight,
he answers, "I'll listen and see how
the Chief votes and vote the other way." In
short, The Brethren, paints an injudicious
portrait of the Court.
Yet more fascinating and more disturb­ing
than behind-the-scenes nitpicking and
name-calling is the actual decision-making
process chronicled in the book. Indeed, Bur­ger's
active criticism of the nation's lawyers
in recent years rings hollow in view of the
unprincipled basis of several Court opinions.
During hearings in the conscientious objector
case involving Muhammed Ali, for example,
Burger initially sided with several Justices
who felt Ali should go to jail. After many
Justices became convinced of Ali's sincerity
and joined for acquittal, however, Burger
followed suit only because he did not want
to appear "racist." One might ask how at­torneys
can be any more or less effective
when arguing before a judge of such whim-sica!
resolve. Commenting in Newsweek,
George F. Will concludes that "the key
question is not whether this is a 'liberal' or
'conservative' Court, but whether, at times,
it is a court at all ." It thus appears obvious
that traditional views of the Court may
have been naive, but until now we did not
know preciselv how naive.
For law students and attorneys who
attempt to analyze Burger Court decisions,
The Brethren reveals why such analysis is
frequently strained. The often petty infight­ing
among Justices is adversely reflected in
their product. In one case, Justice Brennan
is reported to have suddenly switched over
to support a questionable murder convic­tion
merely to curry the favor of Justice
Blackmun. Similar tales sprinkled through­out
the book give an added dimension to
attempts to discern rhyme or reason out of
the flip-flops Justices exhibit in many
instances.
One of the more damning implications
in The Brethren concerns Burger's maneuvers
to delay controversial abortion decisions
such as Roe v. Wade. Because the opinions
were certain to cause a national uproar,
Burger was apparently worried over the rip­pling
effect they might have on the electorate
during the Presidential election year of 1972.
Justice Douglas declared bluntly that "to
prolong these abortion cases into the next
election would in the eyes of many be a
political gesture unworthy of the Court."
Nevertheless, Burger took several weeks to
complete his short concurrence and, in the
meantime, election results had assured Presi­dent
Nixon's victory. (The syllabus for Roe
v. Wade at page 113 of 410 United States
Reports reads: "No. 70-18. Argued Decem­ber
13, 1971 -Reargued October 11, 1972
-Decided January 22, 1973.")
Interestingly enough, the tactic of delaying
opinions for political reasons has recently
been a highly publicized source of anxiety
for the California Supreme Court. The Cali­fornia
Justices were rumored to have delayed
release of a case, People v. Tanner, until
after state-wide elections had determined
the fate of four Justices who were on the
ballot. As predicted, Tanner's subsequent
publication following the election was not
well received since it declared a popular new
law requiring mandatory prison sentences
in certain instances to be unconstitutional.
In an effort to reassure the public that
improper motives had played no part in the
delay, the California Commission on Judicial
Performance held unprecedented televised
hearings on the matter. What then ensued
was an airing of dirty judicial laundry the
likes of which rivals many of The Brethren
revelations. The prestigious California
Supreme Court - perhaps the most re­spected
tribunal in the nation next to the
U.S. Supreme Court- is still reeling from
the hearings. As described in the December
1979 issue of the ABA Journal, the Cali­fornia
Court's problems seem equally appli­cable
to those plaguing the U.S. Supreme
Court: " For good or ill, the public glimpsed
the human beings behind the black robes -
the crusaders, the nitpickers, the philoso­phers,
the pragmatists, and the wheelers
and dealers. The hearings also revealed an
unconscionable pattern of petty bickering,
personal vindictiveness, and suspicion
among members of the Court."
It is either ironic or symptomatic that
both Chief Justice Burger and California
Chief Justice Rose Bird nurture an obsession
for secrecy. Both Justices certainly recog­nize
a necessity for seclusion if the judiciary
is to perform its historic function as an in­dependent
body. Moreover, Cannon 1 of
the Code of Judicial Conduct emphasizes
that " an independent and honorable judi­ciary
is indispensable to justice in our soci­ety."
But while extreme secrecy undoubtedly
breeds ''independence,'' the counterpart
ingredient "honorable" can sometimes get
misplaced. In the final analysis, courts
operate independently and honorably only
so long as the public trust in them endures.
It is precisely this trust which both courts
must now attempt to rebuild. S. B. C.
Louisville Law Examiner
EDITORIAL BOARD
Sam B. Carl, Editor-in-Chief
Greg Yopp, Managing Editor
Elizabeth Ward, Associate Editor
Shaun Esposito, Associate Editor
John B. Wright, Jr., Business Manager
Pat Chism, Photographic Editor
Scott Furkin, Photographer
Gerald "Bear" Schray, Artist
Jeffrey L. Wade, Brandeis Brief Editor
Craig Bell, Articles Editor
Pat Chism, Projects Editor
Judge MARLIN M. VOI.Z, Advisor
STAFF
Andy Altman
Frank Bush
Bill Kenealy
Hall Sanders
Tom Schulz
Prufessur A I. BERT T. QUICK. Cunsullanl
The l.ouiHille I.a..- 1-.xaminer is puhlished eight times during the acadl-mk ~· l'ar in lhl'
inlerl'st of the Universit~· ofl.ouis•·ille Sl·hool of La\\ communit~· . Unsigned editorial opinions
are lhuse representing a maJurit~· vule uf I he editorial huard and du nul nen·ssaril~ e'press llw
views of I he Sl·hnol ufl.aw or the l l niversil~ nfl.ouis•ille .
Arlkles are im·itl'd frnm fan1ll~ mrmhers, sludl'nls, and ml'mhers uf the har "ho "ish In do
freelanl'l' wurk. hut an~ prnposl'd art ide must hl• dl'ared in ad•anl·e "ilh the edilnr as In lnpk
and ll'nglh. This is In U\C>id duplin1linn of l'm·l'ragl' and insurl' thai lhl' arlidl' "ill nul hl'
hl'~ nnd "nrkahll' length fur a ne"'paper formal .
Addrl'ss allcummunil'aliuns tu lhl• l.oui.ITille I.a..- 1-:xaminer, Sl·hnul uf La" , l i ni\ersil~ uf
Lnuis•illl', LuuiS\·illl', Kl'nlul· k~ 4112011. Phnnl' 502-51111-6399.
Louisville Law Examiner, February 1, 1980
Dean 's Dicta
Dean Harold G. Wren
The 1970's will be remembered at
the University of Louisville School of
Law as a decade which began in crisis,
advanced with substantial progress,
but ended with every assurance of
continued improvement in the years
ahead. In 1970, the law school re­ceived
a report from the American
Bar Association, which evaluated the
school as being below accreditation
standards. At that time, U of L had
just changed from a quasi-private in­stitution
with token municipal funding
to a state university, with state sup­port
to be phased in gradually.
Enrollments in the seventies pre­sented
a paradox: In the early years
of the decade, the law schools of
America were inundated by staggering
numbers of well qualified applicants.
Louisville followed the national pat­tern
in nearly every particular. The
increased interest in legal education
was attributed to a number of fac­tors:
(1) The wave of children who
were born shortly after World War
II; (2) the large number of women
who sought a career in law; (3) the
idealistic students who chose law
school as a preparation for a career
wherein they could cure some of soci­ety's
ills; and (4) those who chose law
school in preference to the military,
then engaged in the war in Vietnam.
Of these reasons, only one, the in- .
creased enrollment of women, has had
a lasting effect. Women now make
up approximateoy one-fourth of the
student body at the U of L law school.
During the first half of the decade,
American law schools responded to
application pressures in a variety of
ways. Many law schools built new
facilities and hired additional facility.
Others turned away all but the best
applicants. As an emerging state-uni­versity
law school, the University of
Louisville School of Law admitted as
many qualified applicants as possible,
even though its facilities and budget
were uncomfortably strained.
In 1970, the law school has 409
students and 11 faculty members. In
its report, the American Bar Associa­tion
had been critical of the school's
highly unfavorable student-faculty
ratio. In 1974, enrollment peaked at
a staggering 748, and then, following
national patterns, began to decline.
By 1979, the fall enrollment had sta­bilized
at a figure around 500. With
a full-time faculty of 29, the law
school now has a student-faculty ratio
in line with the high standards of
legal education.
During the latter half of the decade,
the law school concentrated its efforts
on improving its library and its facili­ties.
In 1974, the West Wing was
completed, and dedicated. The Law
Alumni Foundation mounted a suc­cessful
fund drive to increase the
number of book acquisitions. Presi­dent
James G. Miller generously com­mitted
the University to matching
Foundation gifts. The result was that
the library increased annual expendi­tures
for book acquisitions to more
than double what they had been at
the beginning of the decade.
In 1978 and 1979, the school de­voted
its energies to planning the com­pletion
of the law school facilities.
This culminated in an architectural
plan wherein a new East Wing will
be built where the old Law School
Annex formerly stood, the West
Wing will be extended and a new
North Wing will connect all portions
of the school's facilities. In 1979, the
Council on Higher Education ap­proved
the expansion project at a
figure of $5.9 million. The old Law
School Annex has since been razed,
and the site preparation and utility
relocation for the new facilities have
been completed. Construction will
commence in early 1980, and the new
building will be ready for occupancy
in 1982.
The most significant development
of the law school in the 1970's was
the growth and improvement of the
law faculty. The law school has had
a long history of excellence in teach­ing,
dating back to 1846. In the last
half of the decade, a major emphasis
was placed upon the improvement of
the faculty's research and writing.
Books were published by Professors
Abramson, Read, and Volz. During
the 1980's, the law faculty will main­tain
its high standards of productivity
and service to the community.
With the help of a loan from the
Kentucky Bar Association, the law
school has developed a Continuing
Legal Education ("CLE") program
in Kentucky which is second to none.
In view of the possibility that the
Kentucky Bar Association may make
CLE a mandatory requirement for all
members of the Bar, the law school
has made a conscientious effort to
develop a program of the highest
· quality in this area.
Another significant change in legal
education in the 1970's was the devel­opment
of clinical legal education.
During the early 1970's, the law
schools injected into their curricula a
substantial amount of practical work,
to supplement the rigorous academic
training for which American law
schools have long been famous. Work­ing
through such groups as the Public
Defender and the Legal Aid Society,
law students began to perform in clini­cal
settings in both criminal and civil
law. Law Schools instituted new
courses such as Client Counseling
and T'rial Practice, with a view to
training law students in the practical
aspects of the legal profession while
they were still in school. On the na­tional
scene, many prominent jurists,
such as the Chief Justice of the United
States, and the Chief Justice of the
Supreme Court of Kentucky, be­moaned
the poor preparation of law­yers
who appeared in the courts of
our country. Some courts imposed
special requirements on attorneys
who appeared before them, in an
effort to raise the standards of the
trial bar. The University of Louisville
School of Law responded to this situa­tion
by increasing the number of
semester hours required for gradua­tion
from 84 to 90, with the hope
that many law students would be en­couraged
to take additional practical
work while still in law school.
In short, the University of Louis­ville
School of Law has moved into
a period of great stability. It has
eliminated all the discrepancies cited
by the American Bar Association. In
the 1980's the faculty and student
body will remain at about their present
size. When the new facilities are com­pleted,
the school will enter upon a
new period in which it will be able to
provide the highest quality of legal
education for all qualified persons in
the Commonwealth of Kentucky who
desire it.
Essay Contest
Sponsored by ABA
3
WASHINGTON, D.C.- The American
Bar Association's Criminal Justice Section
has announced sponsorship of the 1979-80
Alan Y. Cole Student Essay Contest.
The subject area for this year's contest is
"The Exclusionary Rule: Do We Really
Need It?" The winner, to be announced
in July, will receive a $300 cash award.
Essays will be judged by a three-member
panel of section volunteers.
The contest is open to all students en­rolled
in ABA accredited law schools except
candidates for advanced law degrees and
ABA employees.
Entries may consist of a discussion of
case law, litigation techniques, or any legal
discourse which might further advance this
field of law. Papers prepared for the 1979-
80 school year are eligible, but published
articles or those which have been accepted
for publication are not.
Entries should be postmarked by June
30, 1980, be double- or triple-spaced and
not exceed 50 pages including footnotes.
Entrants should include their names, perma­nent
and temporary addresses and telephone
numbers, name of their law school and
their year in school.
Essays should be mailed to: Coordinator,
Law Student Essay Contest, ABA Criminal
Justice Section, 1800 M Street, N.W., 2n~
Floor South, Washington, D.C. 20036.
For further information, please contact
Marcia Christenson, ABA, Criminal Jus­tice
Section, 1800 M Street, N.W., Wash­ington,
D.C. 20036, (202) 331-2260.
SBA Elections
Slated for Feb. 19
The Student Bar Association will conduct
elections on February 19, 1980, to deter­mine
officers to serve the 1980-81 term. The
positions open are President, Day Vice­President,
Night Vice-President, Treasurer,
Secretary, and ABA/LSD representative.
Honor Council positions will also be on the
ballot with openings for two second-year
students and one alternate and three third­year
students and two alternates. Runoff
elections will be held on February 21 if
necessary. If in any one race no candidate
receives a majority of the votes cast, the
two candidates receiving the highest number
of votes will participate in the runoff election.
The Louisville Law Forum and the SBA
elections committee will sponsor a candidate
debate in the Allen Courtroom at 12:00 on
February 18. Students who are interested
in running for any office may place their
names on a sign-up sheet to be posted on
the SBA bulletin board.
The First Amendment And Obscenity: A Debate
When word got around that Professors
Ronald Eades and Albert Quick planned
to debate the subject of obscenity,
students jammed into the Allen Court­room
to witness the fireworks first­hand.
Prof. Eades, left urged a liberal con­struction
of the first amendment while
Prof. Quick, right, stressed a more
narrow interpretation.
4 Louisville Law Examiner, Februa
''The one absolute, unselfish
friend that man can have in
this selfish world . . . ' '
BURDEN V. HORNSBY
Missouri State Court, 1870
NATURE OF CASE: Appeal from an action
for damages for negligent destruction of
property.
FACT SUMMARY: Burden (P), whose
dog was killed by Hornsby (D), contends
that it was error for the trial court to deny
monetary relief occasioned by loss of his
dog's companionship.
CONCISE RULE OF LAW: A man's best
friend is his dog.
FACTS: Law students glancing over their
canned Casenote Legal Briefs may never
encounter the case of Burden v. Hornsby.
Yet when decided in 1870, !Jurden enjoyed
a notoriety across the country similar to
today's Bakke decisiiln. The case catapulted
attorney George Graham Vest's name into
the national vocabulary and assured forever
a reputation of high respect to the canine
species.
The particular legal dispute involved
arose after Charles Burden's faithful hound
dog, Old D·rum, failed to return to the Bur­den
farm one evening. A subsequent search
located Old Drum's body near neighbor
Leonidas Hornsby's property where it had
died of a bullet wound. When Hornsby
confessed to shooting the beloved dog, Bur­den
filed a suit with the local Justice of the
Peace to recover damages of $150, the maxi­mum
amount then allowable under Missouri
law. Following two unsuccessful trials where
a jury had not been able to reach a ver­dict,
Burilen appealed his cause to the Mis­souri
State Circuit Court and was granted
one last jury trial of the issue.
For the final trial Burden enlisted the
services of George G. Vest as counsel. Mr.
Vest was a prominent attorney in Missouri
who had served as a senator in the Con­federacy
during the Civil War. A native
Kentuckian, he had pursued his education
at Centre College in Danville, Kentucky
and at Transylvania University in Lex­ington.
No one is certain why Mr. Vest agreed to
represent Old Drum's master. One account
credits the oratorical challenge of facing the
formidable legal force that Hornsby had
assembled to defend himself. Another ver­sion
credits Mr. Vest's love of dogs. What­ever
the reason, the courtroom on the day
of that last trial was packed with a curious
local citizenry who had come to witness
the two embittered neighbors engage in legal
battle.
Hornsby's lawyers presented his defense
vigorously and rested their case by confi­dently
asserting that it was "ridiculous to
make so much ado about a dog of such
small value."
Legend has it that a hush fell over the
courtroom as Mr. Vest approached the jury
to present his closing argument. What he
said then is best related by Thomas Critten­den,
one of Horns-by's defense attorneys:
"He quoted more lines of history and poetry
about dogs than I had supposed had been
written. He capped the monument he had
erected by quoting from the Bible about the
dog which soothed the sores of the beggar
Lazarus as he sat at the rich man's gate,
and by giving Motley's graphic description
of how the fidelity of a dog kept William of
Orange from falling into the hands of the
Duke of Alva.
"It was as perfect a piece of oratory as
was ever heard from pulpit or bar. Court,
jury,lawyers, and audience were entranced.
I looked at the jury and saw all were in
tears. The foreman wept like one who had
just lost his dearest friend ."
Following Mr. Vest's impassioned plea,
the jury returned a unanimous verdict and
awarded $550 to Charles Burden for the
loss of Old Drum's companionship (a judge
later reduced that judgment to the $150
limit). Although no record exists of Mr.
Vest's entire speech, a portion of his famous
"Tribute To A Dog" has survived the years:
"Gentlemen of the jury, the best friend a
man has in this world may turn against him
and become his enemy. His son or daughter
whom he has reared with loving care may
prove ungrateful. Those who are nearest
and dearest to us - those whom we trust
with our happiness and good name - may
become traitors in their faith. The money
that a man has he may lose. It flies away
from him, perhaps when he needs it most.
A man's reputation may be sacrificed in a
moment of ill-considered action. The people
who are prone to fall on their knees to do
us honor when success is with us may be the
first to throw the stone of malice when fail­ure
settles its cloud upon our heads. The
one absolute, unselfish friend that man can
have in this selfish world - the one that
never proves ungrateful or treacherous -
is his dog.
"Gentlemen of the jury, a man's dog
stands by him in prosperity and poverty,
in health and sickness. He will sleep on the
cold ground, where the wintry winds blow,
and the snow drives fiercely, if only he can
be near his master's side. He will kiss the
hand that has no food to offer; he will
lick the wounds and sores that come in
encounter with the roughness of the world.
He guards the sleep of his pauper master as
if he were a prince. When all other friends
desert, he remains. When riches take wings
and reputation falls to pieces, he is as con­stant
in his love as the sun in its journey
through the heavens.
"If fortune drives the master forth an
outcast in the world, friendless and home­less,
the faithful dog asks no higher privilege
than that of accompanying him to guard
against danger, to fight against his enemies.
And when the last scene of all comes, and
death takes the master in its embrace, and
his body is laid away in the cold ground,
no matter if all other friends pursue their
way, there by his graveside will the noble dog
be found, his head between his paws, his
eyes sad but open in alert watchfulness,
faithful and true even to death."
ANALYSIS: Several years after Burden v.
Hornsby Mr. Vest was elected to the United
States Senate where his oratorical skills
were utilized effectively in support of nu­merous
causes. Senator Vest was largely
responsible for saving Yellowstone Park
from the hands of private lobbyists who
wanted to exploit the land and the wildlife
which inhabited the area for personal gain.
He also spearheaded a campaign to enact
the Dawes Act of 1887, later to become
known as the "Indian Emancipation Act."
But of all his accomplishments, none could
rival his Eulogy to a Dog in the intensity of
popular acclaim it enjoyed.
MOVING?
Please send us your new address
at least four weeks in ·advance.
~rr, February 1, 1980
Law Student Wins
Photos by Pat Chism and Scott Furkin
The Law School Team: Sam Fritschner, Mike Brooks, John Wright, Mike Luvisi and
Steve Allen.
''Turkey Trot''
Each year the University of Louisville sponsors an intramua·al race
around Belknap campus called the "Turkey Trot." As represen­tatives
of most fraternities, organizations and schools at the
University, the entrants must pace themselves for a grueling two
mile run.
In the photo above, law student John Wright pulls out to an
early lead as the race begins.
Having set a record time to be reflected in the annals of Turkey
Trot history, Mr. Wright ponders the sweet taste of victory.
~ Law student Kevin Renfro checks in at the finish line.
Louisville Law El
le Law Examiner, February 1, 1980 5
Student Legal Research Group
University of Louisville School of Law
-quick
-efficient
-thorough
research suited to your needs
at reasonable rates
For further information, contact Tali a Liebermann
at ((502) 588-6399
School of Law
University of Louisville
Belknap Campus
Louisville, Kentucky 40208
Ne\Vs-in-Brief
The Louisville Law Forum elected new
officers for the 1980-81 year at a board
meeting on January 22, 1980. Those per­sons
elected are: Frank Burnette, President;
Lucille Bateman, Vice-President; Renona
Browning, Secretary; and Hite Nally,
Treasurer.
The Law Forum will soon post announce­ments
of meetings to recruit new members.
All interested students are invited to attend.
• • • • •
From Changing Times Magazine comes
this money-saving tip for students who clerk
for a living: If you would prefer money
now to a tax refund next spring, you may
be able to avoid having federal income taxes
withheld from your earnings. If you didn't
owe any tax last year, you are exempt
from withholding as long as your 1980 in-
. come will be less _than $3,300. To avoid
having taxes subtracted from your pay­checks,
you must claim your exemption on
Form W -4, which should be available from
and filed with your employer.
Gregory L. Price, a third-year day division
student at the University of Louisville School
of Law, was barely defeated in his first
bid for public office. Mr. Price, 25, was the
Republican nominee for State Representa­tive
in the 39th legislative district, which in­cludes
central Louisville. His opponent,
Lawrence Ray Maynard, is a four term
Democrat incumbent. Mr. Price received
approximately 49 percent of the vote in his
district where more than 80 percent of the
voters are registered Democrats. His major
issue during the campaign focused on Rep­resentative
Maynard's attendance record in
the Kentucky General Assembly. Another
important issue in the Price campaign was
his desire to preserve the historic buildings
in the 39th district.
Mr. Price believes that he would have
been elected had it not been for the Gov­ernor's
race which helped to solidify Demo­crat
party support within the 39th district.
He expects to run for elective office again
and feels that he presented a positive image
in this campaign upon which he can build.
SCHOOL OF LAW- UNIVERSITY OF SANTA CLARA
SUMMER LAW STUDY ABROAD- 1980
• TOKYO and KYOTO, JAPAN
Emphasis on U.S.-Japanese Trade. Courses
in Japanese Legal System, Economic Entry
to Japan, Regulation of U.S.-Japanese
Trade. Internships available with Japanese
Law Firms and Corporate Law Depart­ments
. (In conjunction with Notre Dame
Law School.)
• OXFORD, ENGLAND
Students live in 15th Century Oxford Col­lege
and are taught by Oxford Professors
in Oxford Tutorial Method. Course offer­ings
include Jurisprudence, EEC Law, Legal
History, Computers and the Law, and vari­ous
Comparative Courses.
• NEW DELHI, INDIA
• STRASBOURG, FRANCE
Emphasis on International Human Rights.
Public International Law taught by recog­nized
experts from around the world . Affili­ated
with International Institute of Human
Rights . Courses in Law of Treaties, Na­tional
and International Control of Multi­national
Corporations. Internship possi­bilities
following classwork .
• HONGKONG
Commercial focus for China and Southeast
Asia. Courses include Law of PRC, Fi­nancing
and Taxation of International
Transactions. Internship possibilities.
Emphasis on Law in Developing Countries, Academic Program at Indian Law Institute
at Supreme Court of India. Studies will cover Constitutionalism in Economically Dis­advantaged
Countries, Governmental Regulation of the Economy.
For further information, write:
Director, Summer Overseas Programi'­School
of Law - University of Santa Clara
Santa Clara, CA 95053
To reserve your place, please deposil $50.00.
tf, .
6 Louisville Law Examiner, February 1, 1980
CLE Seminar Focuses On
Arbitration Problems In
The Coal Industry
by Elizabeth Ward
A two-day seminar on arbitration in tl.e
coal industry was held at the Holiday Inn
South in Louisville on November 15 and 16,
1979. Under the guidance of Federal Medi­ation
and Conciliation Service (FMCS)
Commissioner Joe M. Kirkham, an impres­sive
list of professors, arbitrators and mem­bers
of labor and management met to dis­cuss
numerous issues pertinent to arbitra­tion.
This seminar focused solely on issues
within the coal industry and was the second
such seminar to be held in the Louisville
area.
The Arbitration Review Board's "Chief
Umpire," Paul Selby Jr., summarized
many of the board's most recent decisions
and directives that integrally affect the Uni­ted
Mine Workers Association (UMWA)
and the Bituminous Coal Operator's Associ­ation
(BCOA). Most coal miners and coal
mine operators belonk to UMW A or BCOA
and many of the board's professional arbi­trators
have come up· from the ranks of
these organizations. Among the decisions
Mr. Selby reviewed included one reinstating
a grievant who had walked off his job and
another upholding the discharge of a grievant
accused of loafing.
Larry Schultz, FMCS Directo of Arbitra­tion
Services, spoke of the industry's view
of arbitrators as being generally negative.
"Arbitration means collective bargaining
has failed ." One of the express purposes of
this and other seminars is to get the UMW A,
BCOA and industry arbitrators into one
<oom in a non-adversarial situation. So that
the industry might function with less need
for arbitrl)tion, sponsors of the seminar
attempted to enlighten participants to the
role arbitrators play by promoting a more
thorough understanding of the entire arbi­tration
process. Commissioner Kirkham
emphasized the need "to create an atmo­sphere
for parties to solve their own prob­lems
so as to avoid arbitration. Hopefully,
someday we won't need these seminars.''
Harvard Law Professor Stephen B. Gold­berg
'praised the publication of past deci­sions
for use in the seminar as a "step in
the right direction." He feels that most
arbitrators desire a thorough reporter system
for all decisions involving the rights and re-
JAMES P. QUEENAN
2509 Savannah Road
Louisville, K Y 40222
(502) 425-2174
THE LAWYERS
CO-OPERATIVE
PUBLISHING COMPANY
II II LCp
sponsibilities of BCOA and UMW A mem­bers
as to precedents and trends in their
respective areas of interest.
In a separate discussion, previous deci­sions
of the Review Board were critically
evaluated according to their ability to pre­dict
future outcomes and by their effects as
policy statements. Earlier decisions defining
"just cause," for example, may or may not
be applicable to a present grievance depend­ing
upon whether or not the parties involved
have had earlier disagreements of a similar
nature. If similar disagreements have in fact
occurred, questions arise concerning whether
the present parties are truly the same and
whether the interests they represent are
sufficiently similar for a prior determina­tion
of "just cause" to apply.
Joseph P . Brennan, President of BCOA,
addressed the future of the coal industry
nation-wide. He predicts great growth for
the industry due to the federal government's
interest in lessening dependency on OPEC
for oil as the major source of fuel. He
favors using seminars as a means to keep
communications open between BCOA and
UMW A because of their common desire for
smooth functioning of the coal industry.
Predicting that the nation will triple coal
production, which in turn would reduce
U.S. need for Arab oil by "two to three
million barrels a day," Mr. Brennan notes
that conflicts of interests will be intensified
as "we balance environmental needs with
energy dependency." He sees "no need for
more federal regulation in the environ­mental
protection area" and hopes for "in­ternal
improvement and enforcement by
agreement with union and management."
Along with increasing production of coal,
the Review Board predicts that future ex­pectations
of mine workers will remain rela­tively
constant. Improved working condi­tions
and more precise definitions of con­tract
terms setting out the types of leaves
and grievance procedures are particularly
important to the miners. Present procedures
available to a grievant in obtaining redress
begin by approaching the job foreman for
relief. If this first step proves inadequate,
the grievant must then present his problem
to a committee made up of mine manage­ment
. supervisors. Thirdly, a union dis-
The Law
in Breadth
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statement of the complete body
of law - state and federal, civil
and criminal, substantive and
procedural. Here you'll find the
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related annotations, forms,
proofs, and trial techniques. Use
it as your first search source in
office consultations, solving tax
problems, trial preparation, brief
writing.
D authoritative treatises on
431 modern legal topics
D cases from all jurisdictions
D practice and ·procedural
coverage
0 Uniform Laws, including the
Uniform Commercial Code
0 federal law - cases and
statutes discussed and
analyzed
0 New Topic service.
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. IL C..V, ~.
P.O. Box 969
Barr Street Statton
lexington, KY 40588
Phone:
lexington: 606/255-2040.
LouiMU.: S(Yl/584-5058
KINTUCKY ..u.LICATIONS:
South Western Reporter
Kentucky Decisions
Kentucky Digest
Kentucky Practice Series:
Probate Practice & Procedure with Forms
.... ,.......c......, Methods of Practice Rules of Civil Procedure
Criminal Practice & Procedore
trict representative will take the grievance
to a panel of labor representatives. Only
then can an unsatisfied party request ar­bitration.
Once the machinery of arbitration is called
into play, various rules for an upcoming
hearing become applicable. Arbitration hear­ings
have evolved into a disciplined and
professional forum in contrast to the rather
informal hearing employed in earlier years. ·
The parties can request a particular arbitra­tor,
but the Review Board will appoint one
if no agreement can be reached. The arbitra­tor
specifies ground rules to give each side
a full and fair opportunity to present its
case. His decision must be rendered within
30 days and all contentions of the losing
party must be considered in his written
opinion.
The parties will be bound by prior griev­ance
decisions unless there is conflicting
authority or unless they have been specific­ally
modified by contract changes. Where
interpretations of contractual terms are
relevant, prior decisions by arbitrators will
be viewed only as persuasive. While the
burden of proof in discipline cases is upon
the company, it rests with the grievant' in
most other instances. Generally all evidence
offered at a hearing by either party will be
accepted and considered by the arbitrator in
reaching his decision. If a party fails to
appear within one-half hour after the
scheduled time for a hearing, the arbitrator
will regard that party as having defaulted
and will proceed to decide the case on the
basis of whatever evidence is presented by
the other party.
In the event that the arbitrator's fee and
expenses are not paid within two months
of his decision, the parties will be severally
liable for the entire amount. An arbitrator
usually receives $300 per hearing day plus
travel time and expenses. Expenses include
secretarial, reproduction and distribution
costs, as well as study and preparation time.
The seminar was co-sponsored by FMCS
and the University of Louisville School of
Law as a featured program in the Continu­ing
Legal Education series.
KBA/LSD Meets At U of L
Several members of the Law Student
Division of the Kentucky Bar Association
(KBA/ LSD) met at the School of Law on
January 26, 1980, to discuss organization
plans and future goals. Each of the three
law schools in Kentucky is represented in
the KBA/ LSD by two members who serve
for one year periods. Representing U of L
are two second-year students Frank
Burnette and Talia Liebermann.
At the recent meeting, representatives
discussed a plan to utilize Professor Leslie
Abramson's study of last year's bar results
at U of L as a guide for similar studies. The
KBA/ LSD hopes to compile state-wide
statistics providing overall figures to be
used for various purposes. The represen­tatives
will send out questionaires to each
law school graduate who plans to take the
Kentucky bar and, based upon the infor­mation
received, generalizations will be
drawn to be submitted to the KBA. Frank
Burnette explains that ''the KBA may use
the studies for correlation purposes
between bar and school officials or to give
bar examiners an idea of areas that are
characteristically well-covered on the
exam."
Ms. Liebermann suggested to other LSD
representatives a project to "survey KBA
members throughout _the state to determine
the need for attorneys in areas other than
Louisville, Lexington and Frankfort." She
states that "such a survey has never been
compiled which would inform law students
of the best locations for the type of law they
intend to practice."
Another meeting of the KBA/LSD is
scheduled at U of L on February 9. Ms.
Liebermann encourages suggestions from
the student body for ideas and concerns it
might like to have the representatives
pursue.
SUMMER
LAW STUDY
in
Guadalajara
London
Oxford
Paris
San Diego
For information: Prof. R. Folsom
U. of San Diego School of Law
Alcala Park, San Diego, CA 92110
. '
Louisville Law Examiner, February 1, 1980 7
Embryonic ' 'Lawyer 's Club ' ' Will
Sponsor Lecture Serie-s
(Continued from page 1)
series: First, to provide informational back­ground
on practical problems relating to
the practice of law. Second, to introduce
law students to fellow practicing attorneys
in the community. And third, to reduce
any fears or anxieties students may have of
practicing law among experienced attorneys
by demonstrating that many practicing at­torneys
are interested in helping new law­yers.
"Basically, we want to present some
practical advice, reduce any fears of prac­ticing
law, and introduce students to cur­rent
lawyers," said Mr. Cox.
Expanding on the goals of the organiza­tion,
Prof. Volz feels that law school will
derive additional benefits from the lecture
series. "The more contacts we can make
with attorneys, the more it helps with place­ment
and our alumni program . And, I think
it makes the senior yeat more interesting,"
said Prof. Volz.
Even though presently there is po formal
organization to sponsor the lectures, Prof.
Volz and Mr. Cox have made plans to go
ahead with the lecture series this semester.
Mr. Cox said the first lecture program should
be held this January. "We've set up the
parameters of what we'll cover this year,"
said Mr. Cox. "After we meet with the stu­dents
and form the organization, we'll
work out a schedule for the year in advance."
Plans call for a series of ten lectures each
semester.
Subjects of lectures planned for this year
include wills, probating the estate, drafting
deeds and mortgages, forming corporations
and partnerships, and office management.
The lectures will be held during the noon
hour and will last approximately 40 minutes.
"The success of the organization," said
Mr. Cox, "all hinges on the student reaction.
We are going to have to generate interest
among the now juniors." Expressing the
same feelings Prof. Volz said, "This could
become a very fine program. It has excellent
possibilities but it will take interest on the
part of the students."
Booklet Describes Career Options
Available To Attorneys
CHICAGO, Nov. 9 - Law graduates
have been moving into a wide variety of
careers in recent years and a new book­let,
Non-Legal Careers: New Opportunities
for Lawyers, describes a number of them.
The booklet, prepared by the Standing
Committee on Professional Utilization and
Career Development of the American Bar
Association, discusses the various possibili­ties.
Brief discussions cover law-related
careers in tax work, employee relations,
financial careers, real estate, government
relations, public affairs, public relations,
traffic, insurance, regulatory compliance,
corporate secretarial, purchasing and con­tract
administration, marketing and
security.
It also covers the pros and cons of a non­legal
career and how to find and get a non­legal
position.
Copies of Non-Legal Careers: New Oppor­tunities
for Lawyers is available for $4.00
per copy by writing to Order Billing Depart­ment,
American Bar Association, 1155 E.
60th Street, Chicago, Ill. 60637.
ABA Publication Simplifies
Federal Income Tax Questions
(Philadelphia)- On January 4-7, 1978,
a conference was held under the sponsor­ship
of The American Law Institute, the
Section of Taxation of the American Bar
Association, and the ALI-ABA Committee
on Continuing Professional Education to
address the problem of complexity in the
tax field and to develop paths toward effec­tive
simplification. Attending this confer­ence
were leading tax practitioners, tax ad­ministrators,
and scholars, each of whom
was invited by the sponsoring organizations
because of his or her interest and involvement
in matters of tax policy and administration.
The full report of this conference has now
been edited and is available as a hardbound
book, Federal Income Tax Simplification.
The volume contains detailed summaries of
each session and the full texts of the nine­teen
papers delivered. The editor, Charles
H. Gustafson, a professor at the George­town
University Law Center, served as
Consultant to the conference's Steering
Committee.
Topics covered include basic considera­tions
in tax simplification; simplification for
individual taxpayers; problems of managing
the complexity of the system; simplification
for business taxpayers; effects of simplifi­cation
of the relationship among federal,
state, and local income tax systems; and the
political process of achieving simplification.
The papers reprinted in the extensive ap­pendixes
discuss many aspects of tax simpli­fication,
including simplification for the
average taxpayer, the viewpoint of the tax
lawyer, the simplification of individual re­turns,
the integration of individual and
corporate returns, the integration of in-dividual
and corporate income taxes, tax
simplification for small businesses, and
piggybacking and conformity.
Federal Income Tax Simplification, Order
No. Tl55, a 573-page hardbound volume,
is priced at $40.00 plus $2.25 for postage
and handling.
To order this publication, please con­tact
ALI-ABA, 4025 Chestnut Street, Phila­delphia,
PA 19104; or telephone (215) 243-
1650. For additional information, please
call (215) 243-1660.
Attorneys and Law Students:
Volunteer to read for the blind.
Recording for the Blind is the only source of textual materials for
post-high school ... !>lind students. They rely solely on volunteer
readers. There is a need for persons to read casebooks and other
legal materials. Your help will be greatly appreciated.
RECORDING FOR THE BLIND, INC.
240 Haldeman A venue
895-9068 (during business hours)
or 205 Strickler Hall
588-5856
"Today we study the day before yesterday, in order that yesterday may not paralyse
today, and today may not paralyse tomorrow."
-Frederic Maitland
WOODY'S TAVERN
&ALE GARDEN
brook & burnett
Bring us this ad and receive $1.50 off
any large pizza purchase.
8 Louisville Law Examiner, February I, 1980
Journal
of
Family Law
Appearing in Vol. 18, Number 1
Articles • "Families with Service Needs": The Newest Euphemism?
. . ........ . . . .... . .. . . . .... . ... . ... . ... by Stanley Z. Fisher
• Defining the "Best Interests": Constitutional Protections in In-voluntary
Adoptions ............ . ...... by Erwin Chemerinsky
Notes • Federal Aid to Postsecondary Students
• Child Maltreatment: An Overview of Current Approaches
Issues Presented by Analysis of a Representative Case:
• Educational Malpractice • Wrongful Death Action by Father
• Veto of Adoption by Unwed of Illegitimate
Father • Requirement that only Fathers
• AFDC Eligibility of Children Pay Alimony
Living with Relatives • Revocation of Consent to Adoption
• Higher Criminal Penalties for Males • Consent by Incompetent to Kid-ney
Transplant
Sltmmaries of 75 Recent Cases in the area of Family Law
0 Vol. 18, No. 1 ($4.00)
Mail to: 0 Vol. 18 ($15.00)
BusineSs Manager Name-----------------­Journal
of Family Law
University of Louisville Address, __________ _
School of Law
Louisville, KY 40208 City ______ State ____ Zip __ _
A Quarterly Publication of the University of Louisville School of Law
Feb. 12
Feb. 13
Feb. 18
Feb.29
March 7-8
March 12
CALENDAR OF EVENTS
Last day to drop or withdraw with a partial refund.
Continuing Legal Education, Marriott Inn, Clarksville, Indiana: Injury and
Disability Claims Under Federal Law.
SBA Elections.
Continuing Legal Education, Commonwealth Convention Center, Louisville,
Kentucky: Workmen's Compensation.
Continuing Legal Education, Owensboro, Kentucky: Child Custody.
Continuing Legal Education, St. Catharine College, Springfield, Kentucky:
Real Estate Law.
Louisville Law Examiner
School of Law
Non-Profit
Organization
University of Louisville
Louisville, Kentucky 40208
U.S. POSTAGE
PAID
Permit No. 769
Louisville, KY
John M. Harlan Louis D. Brandeis
Louisville
Law Examiner
VolumeS
Number4
February 1, 1980
The Moot Court
Board plans
several changes
In the first-year
program
••. Page 1
Law Student
John Wright wins
a first-place
medal in the
"Turkey Trot"
... Pages 4 and 5
University
workmen, right,
prepare the
Law School
cupola for
painting in the
Spring.