Louisville Law Examiner
Serving The University of Louisville Law School Community
Volume 3 Number 9 Louisville, Kentucky, April 11, 1978 Circulation 3700 
The Legal Methods Debate Goes On ... and On ... and On 
by Susan Barnett
 As the curriculum for next year is being 
finalized, the question is being raised, at
lea 1 among orne students, whether Legal
Method should be retained as a first-year
cour e. Involved with the issue is another
que tion: What is the course all about? 
Many tudent who have completed Legal
Methods feel that question has never been
 answered. As
ociate Dean Norvie Lay said in an
inter iew that more students are expressing 
disatisfaction with Legal Methods than 
with any other first-year course, and that
the problems are not with the faculty but
with the course as a whole. He noted that
most of the criticisms have come within the
last few weeks, and students voicing those 
criticisms have generally come to his office 
for another purpose. "It's sort of a 
situation where a student says, 'While I'm 
here, let's talk about Legal Methods."'
((The Ball
Tickets for the SBA's third annual year­end
dance, "The ~all on the Belle," are
now on sale.
The event, held on the "Belle of Louis­ville,"
is scheduled for May 1l, with
boarding time from 7:30 until 8:00 p.m.
Dean Lay pointed out that students ap­peared
unsure about the goals of the
course.
Associate Professor Robert Stenger said,
"There ought to be one course taught in
the first semester of the first year whereby
an incoming student is confronted with
questions. What is law? How does the
whole process work?" Along with Prof.
William Read, Prof. Stenger taught Legal
Methods in the day division in fall, 1977.
Asst. Prof. Lloyd Anderson taught the
course in the night division.
Prof. Stenger continued, "Students tend
to think that law is deductive, black and
white, and there are eternal principles. This
slot-machine jurisprudence is what Aldisert
(author of the text used in 1977) attacks.
The single unifying factor in the book is the
essay by Cardozo in which he says law is
history, values, custom, and so forth. The
goal of the course is to realize that.''
The Legal Methods course deals with
such topics as the nature of law , the judge's
role as lawmaker, the use of logic, history
and custom in decision making, the sub­jective
influences which affect the judge's
decision, justifying the decision, fact­finding,
judicial discretion, and the
doctrine of precedent. Essays of nearly I 00
authorities are compiled in the text,
Aldisert's The Judicial Process, along with
cases which are to be analyed in light of
the theoretical materials. A lecture and
discussion group format was used in the
day division; the night division did not
have discussion groups.
Student criticism of the course is by no
means unanimous. Henry Sanders, a first­year
student in the day division, agreed
with the premise, if not completely with the
form, of the course. His views are shared
by a number of students who adamantly
support retaining the course as a
requirement.
Mr. Sanders. described the course as
Photograph courtesy of Kentucky Dept. of Public Information.
- on the Belle'' Scheduled
with return scheduled for midnight. The
voyage, or four-hour trip "down around
Sixmile Island," costs $10 per couple,
including beer and chips.
Music will be presented by "Crisis," a
band which regularly plays at Joe's Palm
Room, and whose music Steve Downey
terms "funky."
Students to contact for tickets are:
Scott Preston, Steve Downey, Steve
Arnett, Ginny Hamrn, Jeff Kirk, Sally
Noyes, Grover Cox, and Paula Johnson.
valuable, and fascinating because it
allowed him to read the thoughts of judges
and legal scholars to find out what is
important to them, how their minds work,
and why they decide or abstain from
deciding a case. He said, "I thought the
goals of the course were two: to find out
what a decision really means and how it
came about, and to learn to be better able
to predict what a court will do in the
future.''
Mr. Sanders agreed with views expressed
by Dean Lay and Prof. Stenger that the
course should complement the other first­year
courses and provide some
cohesiveness. In explaining why he thought
Legal Methods should be a requirement.
Mr. Sanders said, "Unless you are aware
of your surroundings, you are un­necessarily
vulnerable. The mastery of
concepts and analysis, the big picture view.
is very important if it is well done. But,
employment-related skills are also impor- ·
tant. We can't waste time on Legal Methods..
If properly taught, it could give more ap­preciation
of Jaw and analysis.''
Greg Price, another first-year student, did
not think that Legal Methods provides
the cohesiveness it should. He saitl, "It
didn't provide .direction, it confused
people. I don't know if first semestec
students are ready for the theoretical. They
need something practicaL They need to
(Continued on page 7)
Journal
Candidates
Announced
The 25 first and second year students
selected March 25 as candidates for edi­torial
positions on the Journal of Family
Law staff will undergo the traditional
one-year qualifying program.
However, the scholarly publication wiU
reflect a new editorial posture.
Editor-in-Chief Stephen Berg, recog­nizing
the esteem placed on Journal can­didacy,
emphasized the extent of im­partiality
in the selection process. The
writing sample submitted by each of the 41
applicants was evaluated anonymously by
the editorial board, Mr. Berg said.
Following favorable action by three or
more editJ)rs, the student numbers on the
samples were matched with names and
grade point averages. Grades, the second
evaluation criterion, were not grounds for
formal adjustment or advantage in the
selection of writing samples. Mr. Berg
noted, however, that a definite correlation
seemed evident between writing ability and
class performance.
According to Mr. Berg, the initiates wiD
still perform the routine tasks of cite
checking, proof reading and writing on re­cent
developments in case law. They will
write the two traditional in-depth case
(Continued on pageJ)
Editorial
Law School Graduate
''Cannonized''
You hear talk about the " Canons of
Professional Ethics" when you start law
school, but somehow you never expect
anything quite like this.
Our resident artist has created a
photographic rendition of what we think
the new cannon in the oval will look like.
Dedicated to an 1851 graduate of the
Law School who served in the Union
army, the cannon will be officially im­planted
the day before graduation. (We're
surprised that they didn't combine the
dedication with graduation ceremonies in
order to assure a captive audience.)
The idea of honoring a distinguished
graduate is certainly laudable. But if this
method serves as a precedent we shudder to
think what a Strategic Air Command
(SAC) bomber will look like in the front
yard if the Law School ever honors Gen.
Russell E. Dougherty, one of our most
distinguished graduates and the retired
Commander in Chief of the SAC.
Now, of course, the question is which
way will the artillery be aimed?
We have a suggestion.
(See related stories on page 6.)
Louisville Law Examiner
EDITORIAL BOARD
Susan Turner Barnett and Valerie Salven, Co-Editors-in-Chief
Valerie Salven, Editor-in-Chief for this issue and Fa111978
Susan Turner Barnett, Editor-in-Chief for Spring 1979
Stephen Wolford, Associate Editor Phillip R. Warf, Associate Editor
Ginny Hamm, Business Manager
Kenneth W. Golliher, Consulting Editor
Mark Little, News Editor
Gregg Y opp, City Editor
Bruce Dudley, Brandeis Brief Editor
Jerome A. Mirabito, Executive Editor
Pat Chism, Photographer
Jeannie Baker
Susan Baker
Judge MARLIN M. VOLZ, Advisor
Christopher P. Rivers, Senior Editor
STAFF
Kevin Callahan
Judy Kidwell
Rookie Medaris
Alan Parsons
Christopher Seaman
David F. Smith
Sherry Willman
Professor ALBERTT. QUICK, Consultant
The Louisville Law Examiner is published nine times during the academic year in the in­terest
of the University of Louisville Law School community. Unsigned editorial opinions
are those representing a majority vote of the editorial board and do not necessarily express
the views of the School of Law or the University of Louisville.
Articles are invited from faculty members, students, and members of the bar who wish to
do freelance work, but any proposed article must be cleared in advance with the editor as
to topic and length. This is to avoid duplication of coverage and insure that the article will
not be beyond workable length for a newspaper format.
Address all communications to the Louisville Law Examiner, School of Law, University
of Louisville, Louisville, Kentucky 40208. Phone 502-588-6399. . .
Photo- fantasy by Chris Rivers
To the Editors ...
To the editors of the Law Examiner:
There seems to be a recurring
debate within the law school over the
need for a "perspective" course in
the first semester schedule of
freshman law students. Several years
ago the course was entitled Law,
Language, and Ethics, but it has
since been replaced by Legal
Method. It is now rumored that
Legal Method will be eliminated
from the first year curriculum - if
not next year, the following year. Be­ing
one who has a certain fear of the
unknown I am curious as to the
reasons for this possible course of ac­tion.
Does the possible elimination
stem from a dislike of Legal Method
specifically, its subject matter or in­structors?
Is there a disenchantment
with the perspective-type course in
general, whether it be Law,
Language, and Ethics, or Legal
Method? Characteristic of this line
of thought are the comments, "It's
a waste of time," and "It is not on
the Bar. " Or are there other
reasons yet to be articulated?
Central to this question of whether
a perspective course is needed in the
first year curriculum is the role of a
law school and the purpose of a legal
education. The purpose of a legal
education is not limited to the
presentation .of subject matter, the
knowledge of which will enable the
student to pass the state bar ex­amination.
The role of the law
school is broader and the word
"perspective" is appropriate as it in­dicates
a necessary and vita/function
of a law school. The law student,
whether by choice or requirement,
should have an appreciation for the
wide scope of the law and its role in
society, the subtleties of "justice,"
and the nature of the judicial
decision- making process. The Legal
Method course fulfills these impor­tant
obligations of the law school
and also facilitates the exchange of
ideas between students in a relaxed,
seminar-type atmosphere. These are
significant accomplishments which
should not be taken lightly or
dismissed as relatively unimportant.
Undoubtedly the critics of the
Legal Method course, or a perspec­tive
course in general, will point to a
student survey which indicates that
the students are dissatisfied with
such a course and believe that it
should be eliminated. The view of
Robert Hutchins, the University of
Chicago educator, is appropriate
here:
Educators ought to know bet­ter
than the pupils what an
education is. If educators do
not, they have wasted their
lives. The art of teaching con­sists
in large part of interesting
people in things that ought to
interest them, but do not. The
task of educators is to discover
what an education is and then
to invent the methods of in­teresting
the students in it.
I urge that an examination of the
curriculum result in agreement on
1) Why the Legal Method course or
another perspective course has been
included in the first year curriculum,
2) Whether such a course is
necessary to fulfill the obligation of
the law school to its students, the
legal profession, and society, and
3) Assuming that serious considera­tion
is being given to eliminating the
course, the reasons for such con­siderations.
Tippy Richmond
Mr. Richmond is a first-year student
and will be a member of the Law
School Curriculum Committee as of
July 1.-Ed.
3
Forthcoming in the Journal of Family Law
Volume 16, Number 3
Articles
PREGNANCY DISCRIMINATION- PURPOSE, EFFECT, AND NASHVILLE
GAS CO. v. SA TTY
By John M. Barkett
This article examines in depth the issue of pregnancy discrimination. The author
analyzes every important case involving this issue as well as the bills pending in the
House and the Senate which hope to answer the problem. By offering these analyses
in the same article, the author attempts to put a continuing problem in perspective for
the practitioner. This article should prove to be a primary authority in the country on
this subject.
SEX-BASED FRINGE BENEFITS- ANNUITIES AND LIFE INSURANCE
By Particia M. Lines
The author points out that while a few courts and commentators have found sex­based
benefits to violate Title VII, the use of sex-based actuarial tables remains
widespread among private insurance companies, public insurance and retirement pro­grams,
and insurance companies serving public employees. The author examines
the legality of such sex-based fringe benefits. Her analysis is enlightening, and serves
as a complement to the preceding article on pregnancy discrimination.
THE LEGAL IMPLICATIONS OF HLA TESTING FOR PATERNITY
This brief comment serves as a foreword to the following article. In this comment
the author provides a legal framework for the use by a court of the blood testing
technique discussed in the following article.
RESOLUTION BY HLA TESTING OF 1000 PATERNITY CASES NOT
EXCLUDED BY ABO TESTING
by Paull. Terasaki
Trial Practice Seminar
by Ann Payne
The "Trial Practice Seminar"
taught by attorneys icholas King
and Larry Franklin is tentatively
scheduled to be held the last week of
July this year on the Centre College
campus in Danville. The cost is
around $50.00. Persons interested in
finding out more about the seminar
should contact Mr. King or Mr.
Franklin at 2356 First National
Tower, Louisville, 40208. Phone:
(502) 582-2270. The following story
is an account of last year's seminar
by a third-year student who par­ticipated
in it, Anne Pay ne.
Last summer I was among eight
second- and third-year U of L law
students who took part in a trial
practice seminar conducted by
Louisville attorneys Larry Franklin
and Nicholas King.
Meals and dormitory rooms were
provided through Georgetown College,
which pleased the economy-minded
as well as anyone nostalgic for such
aspects of dorm life as the communal
bathroom at the end of the corridor.
In addition to a four-day change
of pace in a bucolic setting, par­ticipants
were given a broad over­view
of the processes involved in trial
advocacy. We worked through prob­lems
in voir dire, opening statement,
direct and cross examination, and
closing statement. The problems
were drawn from actual cases tried
by Mr. Franklin. Perhaps the most
marked effect of tackling thorny
problems of trial procedure was a
heightened conciousness of the con­stant
pressure not to risk losing the
jury on some emotional ground
hile at the arne time building a case
that is legally and analytically sound.
The seminar was followed, several
days after our return to Louisville,
by a mock trial. The preparations for
the trial involved mapping out a
strategy and preparing witnesses and
exhibits. The trial itself was held in
the Hall of Justice before District
Judge George Ryan and a "jury" of
individuals procured by the "at­torneys."
The mock trial provided a realistic
simulation of the motions which a
trial lawyer must go through. Even
more valuable was the opportunity,
unknown in the "real world," to
discuss with the jury the processes by
which it reached its verdict. It is
unlikely that any of the participants
will forget that the jury based its con­clusion
on an assumed "fact" which
was neither in evidence nor true.
A well-conducted trial practice
seminar such as this program allows
potential trial lawyers to learn from
mistakes with no risk to the life,
liberty or property of an actual
client.
Journal Staff makes Plans for Future
(Continued from page I)
studies and a major research paper in the
field of family law.
The Journal will reflect the attitudes of the
new Editorial Board members, who are con­cerned
with increased visibility, circulation,
and the addition of a proposed section of
abstracts of recent books in . the area of
Family Law. The abstracts, submitted by
publishers in accordance with Journal
standards, will substantially increase
the depth of coverage by the publication.
An additional innovation, proposed by
the Law Forum, would be a seminar
involving nationally-recognized family law
authorities. This concept, the fitst joint ef­fort
of the Forum and Journal, would pro­vide
both a valuable interaction with the
scholars for the student body and increase
national recognition of the publication,
the Law School and the Forum.
The new candidates join the editorial
board as recipients of the Law School's
highest academic honor. They are Jane At­kinson,
Patricia Ballard, Susan Barnett,
Ralph Beck, John Michael Brown, Mari­anna
Caperton, Stephen Carson, Rodger
Cox, Doug Dowell, Jan Glasgow, Frank
Goodwyn, Donald Guier, Michael Hance,
Lisabeth Hughes, Michael Jarboe, Jeffrey
Kirk, Jerry Mirabito, Nancy Neiderman,
Nancy Osborne, Alan Parsons, Jennifer
Payton, Henry Richmond, Stephanie Smith
John Tate and Eileen Walsh.
Mr. Berg commented that he thought the
new candidates were well-qualified and
that the editorial board is looking forward
to working with them.
The author presents data on the largest series of cases to date in which HLA typing
was performed, after having followed the recently issued joint AMA-ABA
Guidelines. This data is clear evidence of the value of such testing in paternity cases.
Note
HOUSING DISCRIMINATION AGAINST CHILDREN: THE LEGAL STATUS
OF A GROWING SOCIAL PROBLEM
The seriousness of this problem and the need for developing solutions to it were
made evident on a recent 60 Minutes program. This article offers a complete analysis
of the problem and examines various legal solutions to it.
Book Review
Professor Albert T. Quick reviews The Rights of Young People, by Alan Sussman.
This book deals with the change from advocating certain rights of minors to the
actual conferring of those rights. Also included in the book is an appendix which
serves as a reference to such questions as the age of majority and the age jurisdiction
of juvenile courts, as well as the ages at which one can consent to medical treatment,
choose to marry, vote, serve as a juror, and obtain a driver's license.
Case Notes
The following are just some of the issues presented and analyzed in the Case Notes
section of this issue: the constitutionality of state statute requiring secrecy of the
original birth certificate of any child who is adopted; propriety of nunc pro tunc
judgment and property settlement rendered in divorce action after death of husband;
implied consent to entry by news photographer of fire-damaged residence; habeas
corpus as a proper judicial process for determining custody of illegitimate child; doc­trine
of tender years as an inappropriate criterion for determination of best interests
of children in custody disputes.
Recent Cases
Over 50 recent cases are summarized in this issue of the Journal.
Commencement Act£v£t£es
Graduation ceremonies for the School of
Law this year will be different from the
ceremonies of prior years, with less empha­sis
on the ceremony held at the School of
Law and more emphasis on the main Uni­versity
commencement proceedings and an
informal luncheon beforehand.
A luncheon for all graduates of the
School of Law and six invited guests of
each graduate will be held in the Cox
Classroom beginning at II :30 a.m. on May
14. A quartet from the Louisville Orchestra
is expected to provide music during the lunch­eon.
The graduates are being encouraged to
attend the university commencement at
I :30. The law graduates will be excused
from the university ceremonies ·at 2:45,
after the opening ceremonies are completed
and the main address has been given by
this year's commencement speaker, his­torian
Arthur Schlesinger.
From 3:00p.m. until4:00 a reception for
the Jaw graduates will be held at the School
of Law, and at 4:00 the Jaw school com­mencement
ceremonies begin on the back
lawn of the School of Law. After opening
remarks by Dean Harold Wren and the
presentation of academic honors and
awards by Associate Dean Steven Smith,
the diplomas will be awarded. The
ceremony is expected to be shorter than last
year's since the graduates will not be in­dividually
"hooded" upon receiving their
diplomas.
Bar Examiners Hold Meetings
Meetings between the Kentucky State
Board of Bar Examiners and several can­didates
who took the February Bar
Examination were held at the School of
Law Friday, March 31, beginning at noon
in the Dean's Conference Room. The
Examiner was denied permission to send a
staff member to the meetings due to
scheduling conflicts. The subject of the
meetings was not disclosed.
SPECIAL INTRODUCTORY OFFER
Journal of Family Law
Volume Sixteen, Number Two
Regularly $4.00 Now $2.00
Featuring:
"Spousal Rights in Retirement and Pension
Benefits''
by Henry H. Foster, Jr. and Doris Jonas Freed
Journal of Family Law
University of Louisville
School of Law
Louisville, Kentucky 40208
Please Send Me The Following
lssues(s) of the Journal.
0 Vol. 16, No. 2 ($2)
0 Vol. 16, No. 3 ($4)
0 Vol. 16, No.4 ($4)
0 Vol.17, Nos.14($15)
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City ________ State __ Zip ____ _
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4 Louisville Law Examiner, Aprilll, 1978
·Practical Skills, as Well as Theory, Taught in Classes
by Ken Golliher
Commentary
The first year they scare you to death and
the second year they work you to death.
Tire third year they just bore you to death.
This graffiti-style description of law
school is not unique to U of L. but this
school may have something to fight that
third year boredom and turn out a better
equipped crop of graduates in the process.
There are currently no required courses
after the first year of law school at U of L.
However, students are generally afraid to
pmble away their precious and few hours
of electives and they concentrate on bar
courses during their first two years. Now
the Law School is offering more "skill
courses" that are aimed generally at
seniors. There has been no pronouncement
that the administration is mounting a drive
to eradicate boredom from third year
students - the goal seems to be much more
realistic, simply to turn out better lawyers.
Interest in broadening the skills pro­grams
has probably been engendered by a
IIUmber of events:
Some of the credit for the upsurge, here
and other places, might be attributable to
e criticisms of the trial capabilities of
wyers by judges at the state and national
level. The ultimate responsibility for the
education and instruction of lawyers rests
on the law schools.
Another source of incentive to bolster
sk:ills programs is the promise of federal
funding for law school practice programs
that meet certain standards.
Finally, law students and recent law
school graduates have habitually complained
about the lack of practical instruction in
their curriculum.
All in all, the impetus for such offerings
- strong.
Law School Dean, Harold G. Wren,
oted the school's concern with the prac­tical
side of the profession and its desire to
pve its graduates a competitive edge in the
job market. He said, "My major concern is
pedagogy - turning out the best possible
lawyers. I feel that with some exposure to
legal skills courses our graduates have a
significant advantage ... they hit the street
already running."
"I want our graduates to be well trained
'and totally prepared," Dean Wren said.
The only Law School requirements
which are aimed at skill development are
the newly instituted Basic Legal Skills
course, the moot court program and Legal
Bibliography, all of which are mandatory
for first-year students. The Law School
also has a writing requirement under Which
a student must complete a two-hour
seminar paper or serve on the Journal of
Family Law prior to graduation.
Chairman of the faculty curriculum
committee, David Leibson, said that the
first year Legal Skills course " ... was im­plemented
because the faculty felt that
many students were coming into law school
unable to write well. Since our (first-year)
moot court program was not administered
by a single individual, not all students were
benefitting equally." He noted that it was
too early to gauge the effects of the new
course, but that the comments he had heard
from the students and faculty were
favorable. ·
Prof. Leibson remarked that the cur­riculum
currently contains several skills
courses, many of which had been around
for some time and that no major cur­riculum
revision was planned in the
immediate future.
Dean Wren said the Law School actively
seeks "experts" to teach skills courses.
"We're looking for lawyers who are ex­perts
in those areas and we're blessed by
being located in a city which has both a
strong bar and many lawyers who are will­ing
to devote their time and energy to our
students."
Not all agree as to just which offerings
are properly classified as skills courses, but
this writer picked the following as a
representative sampling of some of the
courses and instructors available:
Written Advocacy - A two-hour
seminar which concentrates on the im­provement
of legal writing skills. Demand
for this course was so great last semester
that three sections of 10-15 students were
established.
The instructors were William T. Warner,
a private practitioner in L9uisville, Joseph
1 Eckert, a Circuit Court judge in Louisville,
and J. Vincent Aprile, attorney for the
Public Defender's Office in Frankfort.
(Mr. Aprile has had two cases before the
U.S. Supreme. Court this year, one of
which was the subject of an Examiner arti­cle
this fall.)
Prof. Ronald Eades
Trial Practice - A three-hour class
which studies the use of procedural devices
(exclusive of those relating to pleading and
evidence) available for use during the
course of litigation. This class was taught
both semesters by Ronald Eades, a full­time
faculty member and a former staff
attorney for the Tennessee Valley Authority.
Mr. Eades was heavily involved in trial
work until he came to U of Lin 1977 _
A Student Bar Association poll on
classes requested for next year shows that
interest in this course has doubled and two
sections may be necessary to accommodate
all of those interested.
Courtroom Law and Technique - A
two-semester seminar totalling four credit
hours. It is described as a comparative in­vestigation
of the use of demonstrative
evidence and other devices in personal
injury suits.
The instructor for this course this year is
Charles M. Leibson, a former president of
the Kentucky Association of Trial
Lawyers, member of the International
Academy of Trial Lawyers and the Inner
Circle of Advocates and now a Jefferson
Circuit Court judge.
Seminar in Legal Counseling - A two­hour
seminar dealing with the problems in
actually advising clients. Judge Marlin
Volz, a former Jefferson County Judge
Pro Tern, and the Dean of U of L's School
of Law from 1958 to 1965, taught this
seminar last fall.
These are just a few of the 8-12 courses
which might be classified as "skills"
oriented.
At present, a U of L law student who
takes all of the courses on the Kentucky
Bar Examination plus U of L's required
classes will need about 86 hours of
classroom instruction, two hours more
than that required for graduation. It is this
factor that makes it difficult for students to
take skills courses - all of which are elec­tive
after the first year.
Dean Wren noted that since the bar re­quirements
have been expanded the
scheduling problems facing law students
are more difficult. "But," he said, "we've
decided that every student who wants
exposure to the practical aspects of the pro­fession
would be able to get it here. The
Kentucky Trial Lawyers Association
(KTLA) has volunteered their help in this
area and we're grateful."
Dean Wren was contacted by David V.
Scott, the KTLA's president, shortly after
Kentucky Supreme Justice John S. Palmore
was quoted in an Examiner article as being
critical of the litigation-related competency
of practicing lawyers. Mr. Scott offered the
association's assistance in forming student
chapters (of the . organization) and in
obtaining nationally known speakers.
Prof. Leibson also recognized that the
increased coverage of the bar examination
had put more pressure on students in
choosing their courses. But he also expressed
the view that many students had the self­discipline
and intelligence to learn certain
subjects on their own, without taking ac­tual
classroom instruction.
Prof. Leibson acknowledged the exis­tence
of a rumor that the curriculum com­mittee
might increase the required number
of hours for graduation. Many law schools
now require the completion of 90 semester
hours compared to U of L's 84. While he
said that he personally would not be in
favor of raising the number of hours re­quired
for graduation simply as a response
to the changing requirements for the bar
examination, "If there were educationally
valid reasons for doing so I would consider
it ... we're not here just to teach the bar
courses."
Judge Proposes Commission
to Monitor Institutions
ABA - Chicago
U.S. Appeals Court Judge Shirley M.
Hufstedler, Los Angeles, has proposed
creation of federal-state commissions to
monitor public inmate institutions.
"The conditions in many of these institu­tions
are not merely inhumane, but
.downright inhuman," Judge Hufstedler
said in an article written for the March
American Bar Association Journal.
She pointed out. that inmates "are our
most helpless citizens. They have no
political voice, and society does not even
like to acknowledge that they exist - a
sentiment that, if not shared, is at least
readily perceived by legislators.''
The judge said lawsuits have been about
the only way in which plight of the inmates
is revealed and pressure brought to
improve their conditions.
But, Hufstedler said, "It must be
seriously questioned whether litigation is a
desirable means of attacking many of our
social ills.''
Contending that judicial systems were
visory tasks, the judge said courts "can
prod, not appropriate. Many public institu­tions
are dismal by reason of impoverish­ment,
and litigation does not make them
any richer."
The judge said her proposal would keep
the issue out of the courts and place it in
the hands of 15 national commissions, each
with territorial jurisdiction over public in­stitutions
within not less than two states.
Covered would be such facilities as
prisons, public mental hospitals, convales­cent
homes for the aged, the senile, and
chronically ill, and institutions "that are
supposed to take care of neglected and
abandoned children."
Commission chairpersons would be ap­pointed
by the President and members
would be appointed, half by Congress and
half by state legislatures.
,_.,e Charles M. LleiJioll:·(left) ev ... ates a stlldellt presentadon during a semina_r at the Law School. not designed to perform extensive super-
Powers entrusted to the commission
would include on site inspection and re­quiring
the administration of the institution
to devise a plan or plans for improvement.
It also would be authorized to request the
institution to apply for funds to achieve the
improvements stated in its plan.
· Kilpatrick-
Quick Debate:
State's Rights
v.
Federal Control
photo~raphs b~
Pat Chism
by Bruce Dudley
James J. Kilpatrick was the guest lec­turer
of the Louisville Law Forum on
March 28. In an informal seminar entitled,
"Excesses Committed Under the 14th
Amendment," Mr. Kilpatrick and
Associate Professor Albert Quick voiced
their opinions on the Supreme Court's
interpretation of the 14th Amendment. As
one might expect, the format was similar to
that of' 'Point/Counterpoint."
dmittedly a strict constructionist, Mr.
Kilpatrick said, "I have never taken the
view that the Constitution should be
ab olutely fixed." He pointed out, though,
that the 14th mendment has been so
greatl~ e panded that it no~ even covers
uch ubject a miscegenation and
desegregation in the loan of textbooks.
Mr. Quick's main contention was that
the rights guaranteed in the Civil Rights
t rt: rd~ o illu tration, not
limitation. To this, Mr. Kilpatrick quip­ped,
"My distinguished friend's agrument
seems to be all sail and no anchor." He
continued, "The 14th Amendment was
never intended to cover what it covers
today. Only the Civil Rights Act of 1866
was intended to be spread to the states."
"Congress' main concerns were with the
Black Codes and powerless minorities,"
Mr. Quick pointed out. He added that
Louisville Law Examiner, Aprilll, 1978 5
Mr. Kilpatrick's seminar titled "Free Press - Fair Trial: Connicts Between the First and Sixth Amendments", was originally sdledaled for a library
conference room but was moved to the courtyard in back of the Law School to accommodate the larxe turnout.
"Political pragmatism may have been the
reason for wording the 14th Amendment so
broadly."
Mr. Kilpatrick retorted, "Thaddeus
Stevens, where are you now?" He pointed
out that "The legislative record of the 39th
Congress was perfectly clear."
Mr. Quick seemed to say that the
Supreme Court's work under the 14th
Amendment was justified. In this light, he
asked, "If we say, listen minorities, you
have to go to the states to have your rights
protected ... would they get a hearing at
all?" He intimated that they might not. But
Mr. Kilpatrick couldn't find justification
for the expansion of the rights protected
under the 14th Amendment. He attributed
the broadened interpretation to ''the judges
imposing their personal stamps on the
Constitution."
, tr. Kilpatri k ubmitted that, "At some
point we ought to let Congress enforce the
provisions of the 14th Amendment, or let
the States do it." He added that "It is not
up to the Supreme Court to remedy all
injustices of the world." In summarizing
his position, Mr. Kilpatrick emphasized,
"What is needed is more legislative
responsibility and less judicial personality.
This is something we should all think
about, be conscious of."
Prof. AlbertT. Quick James J. KUpatrlck
any young lawyer who has
made it through law school and
passed the bar deserves the best
There are no finer law books than West books. They are edited and printed for the
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always offer maximum ease of movement from one publication to another through
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O.K. CURRY
representing
.WEST
PUBLISHING
COMPANY
Mr. Kilpatrick responds to a question from the crowd. 584-5058
!
(
I..Ou'iSvifle Law Exanifner ,'April 11, 1'9'78
John Logan: Soldier, Scholar and Politician
by Cbris Rivers
John Alexander Logan was one of ·the
~est and most distinguished law
»aduates of the University of Louisville.
He graduated in 1851, just five years after
the founding of the "Law Department."
Logan was born in 1826, on a farm near
Murphrysboro, Illinois, of Scotch-Irish
immigrant parents. He was a volunteer
lieutenant in the Mexican War of
1847-1848. After returning to Jackson
County, Illinois, he was the county court
clerk while studying law with an uncle.
Logan must have realized the value of a
legal education even though it wasn't then
considered a necessity. He left his
position to attend U of L.
Upon returning to Illinois, Logan was
admitted to the bar in 1852 and entered
politics. His eloquent oratory aided in
his election as prosecuting attorney and to
four terms in the Illinois Legi Iature. He
was a Democratic supporter of Stephan
Douglas in 1856 and 1860, but despite
charges that he wa a Southern sym­pathizer,
his loyalty to the Union never
waivered. He was elected twice to the U.S.
House of Representatives as a Democrat,
but resigned his seat in i861 to join the
Union war effort.
General John A. Logan
At Bull Run, Logan carried a musket as
an enlisted volunteer before returning to
Illiniois to raise a volunteer regiment of
which he was elected colonel. He and his
troops served with distinction, following
Grant and Sherman at Fort Henry, Fort
Donalson, Vicksburg, Port Hudson and
Atlanta. He rose to corps commander as a
major general of volunteers. Logan was
described by President Rutherford B.
Hayes as "clearly the most eminent and
distinguished of the volunteer soldiers''.
Although Logan was unquestionably
gallant and effective on the battlefied,
Sherman had him removed from his com­mand
in 1864 along with other non­professional
soldiers who hadn't attended
West Point. This decision was probably
also affected by Logan's lack of knowledge
of logistics necessary for a high-level com­mander
and his habit of leaving the war
zone to attend to politics in Illinois.
John Logan was elected to the House for
three more terms as a Republican, where he
was one of the managers of the impeach­ment
of President Andrew Johnson. He
didn't serve his last term in the House as
the Illinois legislature elected him to the
U.S. Senate in 1871. While in Congress, he
had no other means of support and was
hard pressed financially when temporarily
out of the Senate in 1878-1879. He did
practice law in Chicago then, which was
apparently not as financially rewarding as
it is now. Logan was elected twice more to
the Senate and served there until his death
in 1886. He was the unsuccessful candidate
for vice-president in 1884, on the ticket with
James G. Blaine. In the Senate he was a
stalwart Republican. He supported aid to
veterans who were disabled or over 62 years of
age. He also displayed a strong dislike for
West Point. Blaine said of John Logan,
"He did not quail before public opinion
when he had once made up his mind, any
more than he did before the guns of the
enemy ... In debate he was aggressive and
effective ... while there have been more
illustrious military leaders in legislative
halls, there has been no man in this country
who has combined the two careers in so
eminent a degree."
General Logan was a founder and
three-time commander-in-chief of the
Grand Army of the Republic, a Union
veterans' organization. In 1868, he
proposed and saw established May 30 as
Decoration Day, now called Memorial
Day.
Cannon Dedicated To Logan
by Chris Rivers
The oval in front of the Law School will
oon be graced by a replica of a Civil War
cannon because of Dr. John A. Dillon's
avocation for history. Dr. Dillon, the
University Vice--President for Academic
Affairs, likes to promote the University
and to erect monuments. The cannon will
be the main feature of a memorial to John
A. Logan, an 1851 Law graduate of the
University of Louisville and later a Union
Army general in the Civil War.
The monument project was started last
year when Dr. Dillon's history studies and
am.versations with retired registrar John
M. Houchans led him to realize that
General Logan was a distinguished
graduate of the University, and well
deserving of this "retroactive honor."
1be cannon itself came about through
the help of Marine Corps Colonel Richard
E. Hawes, a professor of naval science at
the University who also serves at the Naval
Ordnance Station in Louisville. Using
origmal blueprints, and employees working
on their own time, the Ordnance Station
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cast a precise, but non-functioning, replica
of a three-inch Parrot rifle which was
widely used in the Civil War. The cannon
was donated to the University. Dr. Dillon
found antique wagon wheels for the
carriage.
The cannon will be securely mounted on
a mound which is to be constructed next to
the flag pole in front of the Law School's
main entrance. The barrel will be ap­propriately
pointing South (toward.
Brigman Hall).
The monument to General Logan will be
dedicated in a ceremony at I :30 p.m.,
Saturday, May 13. An Army band from
Fort Knox will be present and it is hoped
that General Russell E. Dougherty will give
an address. General Dougherty graduated
from the Law School in 1948, ap­proximately
a century after General Logan
did. He is recently retired from the Air
Force, having been the commander of the
Strategic Air Command and is to be
presented an honorary degree by the
University in graduation ceremonies on c---.dn caUH sits Ia Nam Sdellce BalldiiiJ awalti111 emplacement in front of the Law
May 14. Scllool.
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Louisville Law Examiner;.Aprilll, ·1-918 .
Legal Methods Course Still Source of Debate
(Continued from pal(e I)
know where they are going. We need
omething like "Legal Orientation" in
place of Legal Methods, something which
tell u what is involved, for instance, in
riminallaw, in civil law. We need to know
hat all of this is leading to.''
Dana Kolter agreed that the course
hould not be taught the first semester. Mr.
Kolter, a second-year student, pointed out,
"I thought the course was good, but the
time and place were wrong. If you don't
know what the law is, how can you discuss
the metaphysics? Maybe by the second
emester of the second year students are
ready to use reflective insight. Freshmen
can't; it's all too traumatic. Maybe we need
it in our senior year, because by then we are
too used to case law."
With regard to the goals expressed by
Prof. Stenger, Mr. Price said, "We find
out the fir t week that there are no black
and white an wers. We are constantly
bothered by _the lack of black-letter law.
Sure, this needs to be stressed, but we don't
need a whole course for it."
Scott Preston called his the
" pragmati t's view." Mr. Preston favors
aboli hing the cour e and questioned
whether the kind of thinking that the
cour e i intended to timulate can be
taught in a erne ter. He explained, "The
cour require a lot of effort, and the
benefit '' ould hO\\ up \\ hether you took
the cour e or not. This material can be
learned in the other first-year courses.
nyway, legal philosophy can't be taught
to that depth in that cour e. You can't
force all thi thin ing into a erne ter. It'
m to put an egg through the top
tt e. i ha to be learned
almo t by a proces of o mo i . "
"Three hours in addition to the bar
course , the usefulness of which is
debatable, i not efficient and it i not
h1 I ad on th
This concern for the crowded curriculum
is shared by students and some faculty
members. Since a course on Professional
Responsibility is now required for the bar
exam, it was suggested at a faculty meeting
that Professional responsibility be com­bined
with Legal Methods. But, the
students interviewed felt that Professional
Responsibility should definitely be taught
in the third year, and that the types of
problems discussed in that course are
quite different from the Legal Methods
material.
Prof. Stenger said he appreciates the
criticism expressed by students and realizes
there are problems with the course. He also
noted, "I would be less than fair if I didn't
point out there is strong faculty opposition
to the course, strong both quantitatively
and qualitatively. But, a majority of the
faculty is committed to a course of this
sort, in the first semester of the first year."
Dean Lay said, however, that there is some
concern that the course may cover only
jurisprudence, and that was not what the
faculty expected.
It appears that Legal Methods will be in
the first year curriculum in 1978-79. A
present faculty member ha been ap­proached
to replace Prof. Anderson, who
has tendered hi resignation. Prof. Stenger
aid he hope that all three teachers can
work together in the course, and thilt the
lecture/group discussion format can be
extended to the night division.
The AJrusert text will probably be used
again. oting that this is the fourth text
tried in fi e year , Prof. tenger aid, "I
think it i a good book, at least by process
of elimination." On this point, even
tudents who favor the course tend to
disagree with him. On the evaluations done
at the end of the fall semester of 1977, of
the day students responding, fewer than 4
per cent thought the text was e cellent
on 1denng the nature of the course.
Fewer than 17 per cent thought it was
Lecturer Honors Brandeis
b) Valerie alven
Prai ing former Supreme Court Ju tice
Loui D. Brandeis as "the great appellate
judge, ' Dr. Melvin I. Urofsky presented a
lecture on "The Liberalism of Mr. Justice
Brandeis" on March 27, in the Middleton
Auditorium on the U of L campus.
Mr. Urofsky, a professor of rustory and
department chairman at Virginia
Commonwealth University and author of a
five-volume work on Justice Brandeis' cor­respondence,
noted that Brandeis regarded
himself as a conservative. Mr. Urofsky
added that Brandeis was not, however, the
Dr. Melvin I. Urofsky praised Justice Brandeis
during the annual Herman G. Handmaker
Memorial Lecture Series speech on Brandeis.
kind of conser ative who shuns progress
and has a blind loyalty to the past.
The audience of about 40 was told that
what may have been Brandeis' most
famous contribution to the practice of law,
the "Brandeis brief," "was at heart
not rung more than an educational tool."
The first "Brandeis brief," was written in
1908, whe~ Brandeis ~as arguing in favor
of an Oregon law concerning work stan­dards
for women. The brief contained only
a few pages of di cussion on the law
involved in the case and over 100 pages
discussing the sociological and economic
repercussions of long working hours for
women. This manner of writing a brief has
since become a standard practice in the
legal profession.
There were many who criticized
Brandeis' use of statistics and factual
material in writing legal opinions when he
later sat on the bench, Mr. Urofsky noted,
and the critics suggested that Brandeis
should make his opinions read "less like a
brief." But his ability to make sense out of
a broad mass of data, Mr. Urofsky said,
"made Brandeis one of the great lawyers of
our time.''
Although it has been 62 years since
Brandeis was appointed to the Supreme
Court by President Woodrow Wilson, Mr.
Urofsky indicated that Brandeis' belief in
the individualism of the states and the
benefits of experimentation by the states
with new statutes and programs was a kind
of federalism that has not become out­dated
or impractical. "Rather than use
states as social laboratories, Washington
(D.C.) has insisted on launching ex­perimentation
on a national scale - with
sometimes disastrous results," Mr.
Urofsky said.
good. Nearly 56 per cent classified the
text as either poor or unsatisfactory. Mr.
Sanders called the text "a nightmare."
According to Prof. Stenger, the
changes that have come about in the
course, notably a change in text and in
format, have come at the instigation of
students through the SBA. Prof. Stenger
suggested that students could again make
their concerns heard. Dean Lay said that
students are always welcome to discuss
any course with him or with Assistant
Dean Steven Smith. Steve Berg represents
the students on the curriculum committee.
Tippy Richmond will also join the com-mittee
on July I as a student represen­tative.
In the preface to his text, Aldisert says,
"(E)specially there should be value here
to those who see in the lawyer's noble
role a primary responsibility to mold the
product of the judicial process, law." But
in 1977, when asked to respond to the
statement "The (Legal Methods) course
has played a useful or meaningful part of
my overall legal education," of the day
division students responding, 13.3 per
cent said yes, 14.3 per cent said probably,
49.5 per cent said maybe, 12.4 per cent
said probably not, and 10.5 per cent
said no.
Ann R. Vick, a former Law School employee, is opening her own business, Helpmates Secretarial
ervices.
Ms. Vick Starts
Secretarial Service
Ann R. Vick, a Law School employee
for 14 years and the subject of an earlier
Examiner story on blindness, is opening
up her own business. A victim of
histoplasmosis, Ms. Vick is legally blind
and has only marginal vision in one eye.
Her new business venture is dubbed
Helpmates Secretarial Services. "I am starting
out mainly as a secretarial service," she
said, "but I hope to eventually specialize
as a legal secretarial service."
Helpmates' offices, located in the Jeffer­sontown
Professional Building, are about
20-25 minutes from downtown Louisville.
They will be opening for business on
May 15.
Ms. Vick has already received com­mitments
from several experienced typists
who will go to work for her when the work
load reaches a certain level. If her initial
efforts are successful she hopes to expand
to a bookkeeping and mailing service as
well.
Some of her office equipment is more
highly specialized than might be found in
the most well-equipped law office.
Although not all of her equipment has. ar­rived,
she has been assured that it will all be
delivered by the opening day. Her business
cards list the services she will offer: Xerox­ing,
notary, typing and transcription.
Helpmates' address is: Jeffersontown
Professional Building, 10516 Watterson
Trail, Louisville, Ky. 40299. The phones
are: Business 267-1364, Residence
267-6585.
Ms. Vick agonized over the decision
whether to start her own business or to
return to U of L. She finally decided that
although her emotional ties to the Univer­sity
and especially the Law School were
strong, running her own business would
give her greater autonomy.
Ms. Vick is anxious to open for business,
but right now she is at the Guiding Eyes for
the Blind center in Yorktown Heights, New
York, where she is training with what will
become her first assistant, a guide dog. She
said, "After I've gone through the training
at Guiding Eyes the six minute walk from
my home to the office will be even easier
. .. I 'II be completely independent."
8 Louisville Law Examiner, Aprilll, 1978
Law Forum News
'{he Ll?uisville Law Forum will conclude
its activities for the '77-'78 year with the
film "Witness for the Prosecution,"
starring Marlene Dietrich, Tyrone Power,
and Charles Laughton. The movie will be
shown Wednesday, April 12, :it 8:50p.m.
in the Allen Courtroom.
JAMES P. QUEENAN
2509 Savannah Road
Louisville, KY 40222
(502)425·2174
THE LAWYERS
C~PERATIVE
PUBLISHING COMPANY
II II LCp
The Law Forum recently held an election
to name new officers for the 1978-79 aca­demic
year. They are: Bob McBeath, Presi­dent;
Jim Seifert, Vice-President; Cynthia
Green, Treasurer; and Mark Davis, Sec­retary.
Drafting
Pleadings
AM JUR PLEADING AND PRACTICE
FORMS, Revised. Here are model
practice forms for every stage of a
proceeding, from pre-trial through
jury instruction to appeal. The forms
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exhaustive indexing for the entire set
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CALENDAR OF EVENTS
Apr. 14 Continuing Legal Education: No Fault Insurance. Owensboro. Kentuck~· .
Apr. 21, 22 Practice in the New Kentucky District Courts. Rough River Dam State Resort
Park, Falls of Rough, Kentucky.
Apr. 22-May 6 Final Examination Period.
Apr. 28,29 Continuing Legal Education: Tactics, Strategy and Advocacy. University of
Louisville, Belknap Campus, Strickler Hall, Louisville, Kentucky.
May14
May 19,20
May26, 27
June2, 3
June9, 10
Commencement, School of Law, University of Louisville.
Continuing Legal Education: Kentucky District Court Practice. College of
Law. University of kentucky.
Continuing Legal Education: Rules of Evidence and Practical Courtroom
Application. Bowling Green Arena (Co-sponsor: Western Kentuck~·
University).
Continuing Legal Education: Federal Tax Reform Act. Kentucky Wesleyan
College, Owensboro, Kentucky.
Continuing Legal Education: Review of 1977 Developments in the Law.
University of Louisville. Belknap Campus, Strickler Hall.
Louisville, Kentucky.
Louisville Law Examiner
School of Law
University of Louisville
Louisville, Kentucky 40208
-
John M. Harlan Louis D. Brandeis
Louisville
Law Examiner
Volume3,
umber9
Aprilll , 1978
JamesJ.
Kilpatrick
speaks at
Law School
... page 5
Law Journal
candidates named
... page 1
Cannon to be
placed near
Law School
to honor
19th-century
graduate
... page 6