Louisville Law Examiner Serving the University of Louisville School of Law Community
Volume 12, Number 1 Louisville, Kentucky- October, 1986 Circulation 5,400
U of L Begins Drug Testing Student Athletes
by Tom Lukins
"It's an unreasonable search and
seizure and an invasion of privacy,"
Suzy Post said. "It's sad how willing
people are to put up with this. The
athletes should resist.''
Post, Executive Director of the
Kentucky Civil Liberties Union, was
referring to the University of
Louisville's new mandatory drug testing
program. Adopted by the University of
Louisville Athletic Association in July
and now in effect, the program requires
athletes in all 17 of the University's
intercollegiate sports to consent to
random urine tests to determine the
presence of NCAA-banned drugs.
Under the program, an athlete is
subject to testing at any time while he
or she is enrolled on athletic scholarship
or participating in intercollegiate
athletics. The athlete is handed a
notification card stating the date, time
and place of the test. Refusal to
participate bars an athlete from
participating in University of Louisville
athletics.
If the first test is positive, the head
coach is notified and the athlete is
required to see a professional drug
counselor. ·
A second positive test results in the
Director of Athletics and the President
of the University also being informed.
Mandatory counseling continues, and
the athlete may be suspended "for a
period of time necessary to prevent
possible harm to the athlete or team and
to rehabilitate the student-athlete."
A third positive test requires suspen­sion
from the team and possible
non-renewal of the athlete's scholarship.
This determination is made by the
University of Louisville Financial Aid
Committee upon the recommendation
of the coach and team physician. The
athlete has a right to a hearing before
the committee.
Prospective athletes are to be given a
copy of the policy prior to committing
to compete for the University of
Louisville. Also, no athlete may engage
in competition without first signing a
form consenting to the tests and to the
release of the results to University
athletic officials and to the athlete's
parents and spouse.
While stressing that she opposes any
prophylactic drug testing of students,
Post criticized the University for singling
out athletes. "It's a case of the Univer­sity
protecting its investment. Athletes
generate a profit; the rest of the students
don't. If the rationale is to protect
athletes from drugs, the University is
assigning a lesser value to other
students."
Post also has fears about the
confidentiality of the test results. "How
long will these records be kept? Will
they affect an athlete's future employ­ment?
Why wouldn't prosecutors want
access to this information?"
Acting University Counsel Thomas
Lyons, however, defended the testing
and said that the program contains
adequate confidentiality provisions.
Lyons said that the strongest justifica- ,
tion for the program is that it will ·
increase safety during competition.
"Athletes on drugs are more likely to
injure themselves and others," he said.
Also, Lyons said that drug testing will
reduce the "lurid gossip" regarding
drug use by athletes. "Athletes have
very high public visibility and are looked
upon as role models. We want to defeat
the presumption that all college athletes
abuse drugs. Even an unfounded allega­tion
or suspicion that an athlete is on
drugs is very damaging to the athlete."
As for confidentiality, Lyons said he
Photo by Todd Bolus
didn't know how long records of test
results would be retained. But he said
that the records would be identified by
code number only, and that there is no
.... open records" right of access to the
information. He also said that the
University "will never comment affir­matively
or negatively if asked for test
results."
Would the University of Louisville's
program survive a court challenge?
"That's a good question," Lyons said.
Although there are recent cases
Continued on Page 2
Students find Law School a Trying Experience
Photo by Todd Bolus
Ron Hines
by Ron Hines
"Good trial lawyers are few and far
between!" We've all heard that cliche,
but now the Univer~ity of Louisville
Law School is beginning to do
something about it.
For several years the Law School has
offered two seminars in trial advocacy
each semester: Courtroom Law and
Technique, taught by attorneys Nick
King and Larry Franklin, and Trial
Practice, taught by attorneys Gerald
Kirven, Ann· Oldfather and Joseph
Leibson. The seminars were designed to
augment the standard curriculum and
provide interested students with limited
exposure to the practical skills of their
craft. The innovative administrators
who initially had the sense and sensiti­vity
to respond positively to students'
requests for such programs and the
intestinal fortitude to recruit outstand­ing
adjunct professionals have
themselves admitted that the response
by students has been surprisingly over­whelming.
In fact, student demand was
so great in 1983-84 that another section
of the trial practice class was added.
That was only the beginning.
In addition to being excellent role
models, helping law students refme their
occupational focus, and sharing insights
which could not be obtained elsewhere
in the curriculum, the influence of these
adjunct professionals has spanned a
plethora of related activities
complementing the foundation they
have laid.
Most notable of these is the Student
Trial Lawyers Association. An affiliate
of A TLA (the American Trial Lawyers
Association) and KAT A (the Kentucky
Academy of Trial Attorneys). The
STLA vigorously promotes the art of
trial advocacy. The organization
sponsored by Professor Russell Weaver
has a small but growing collection of
audio cassettes and video cassettes on all
aspects of trial techniques. The tapes are
available to all STLA members to
enhance their personal skills and
knowledge of trial advocacy and to
supplement the information
disseminated in the seminars. The STLA
plans to purchase a modern VCR unit
(if funds can be found) to be used both
in-house and at national competitions to
better enable students to analyze,
critique and hone their advocacy skills.
There are numerous national trial
competitions each year and the Law
School has been admirably represented
in a few, including the National Mock
Trial. However, funding has been· a
perennial impediment. In order to
participate in several of the prestigious
competitions, the students themselves
have either had to recruit outside
financing or pay their own way. In the
A TLA competition last year, for
example, there were no school funds
made available to defray expenses.
Through the help of Louisville attorney
Harley Blankenship, the KAT A
contributed monies to send the three
participants to the Detroit competition.
The expense was certainly worthwhile.
The team won "best brief" for the
entire competition and made it to the
semi-finals before being defeated by a
technical local-rule-of-court error.
Similarly, the three teams which
participated in the National Mock Trial
competition in Memphis received high
praise from the judges for their perfor­mances,
as did the advocates of the
Wagner Trial Competition.
Continued on Page 2
2 Louisville Law Examiner, October, 1986
Louisville Law Examiner
EDITORIAL BOARD
Thomas Ransdell
Editor-in-Chief
Paula Douglas
Ron Hines
Tom Lukins
Associate Editors
Todd Bolus
Photography Editor
Benjamin Johnson
Bill Wilson
Managing Editors
Ron Brumleve
Night Associate Editor
Sandra Carroll
Brandeis Brief Editor
David Fuller
Keith Kamenish
Douglas Moore
Karl Truman
Carol Blakely
STAFF
Jennifer Miller
Bart Darrell
Susan Schelling
Randy Strause
Kristin Dawson
Rosemary Lane
Greg Catron
Mason Trenaman
Theresa Brown
Professor LAURENCE W. KNOWLES, Consultant
The Louisville Law Examiner is published six times during the academic
year in the interest of the University of Louisville School of Law community.
Articles are invited from faculty members, students, and members of the
bar who wish to do freelance work. Any proposed article should be cleared
with the Editor as to topic and length.
Address all communications to The Louisville Law Examiner, School of
Law, University of Louisville, Louisville, Kentucky 40292. Phone: (502)
588-6398.
University Begins Drug Tests
Continued from Page 1
involving high school students and
professional athletes, Lyons called the
drug testing of college athletes an
"uncharted area."
Last year a New Jersey state court
struck down a high school's policy of
requiring all students to submit urine
samples for drug testing, holding that
the policy violated the students' Fourth
Amendment right to be free from
unreasonable searches and seizures. The
court applied a balancing test to assess
the reasonableness of the search and
concluded that the students' privacy
interests exceeded the school's need for
the tests, especially since school policy
already provided for the punishment of
students found to be involved in drug
activity.
On the other hand, this past July, the
Third Circuit Court of Appeals upheld
random drug testing of jockeys by the
New Jersey State Racing Commission.
The state's strong interest in the wager­ing
public's confidence in the industry
out-weighs the jockeys' expectation of
privacy, the court held.
University of Louisville Law
Professor Albert Quick said that if the
University's program were challenged,
a court might engage in a similar test,
balancing the importance of public
News Briefs
Career Night Planned
The Placement Office invites all
students to attend Career Night,
Wednesday, October 1. The program,
which runs from 7:00 to 8:00 p.m., is
held annually in the Law Building.
The Placement Office expects
approximately 50 attorneys representing
various fields of practice to be on hand
to discuss career opportunities, career
paths, and procedures for obtaining
employment.
For students who have never attended
a Career Night, the attorneys are
supplied with offices in the Law School.
Students are given a list, in advance,
stating where a particular attorney will
be stationed, and what area of practice
he/she represents. A student is then able
to talk to attorneys representing a field
in which the student is interested.
Past Career Nights have been a huge
success. Students are able to investigate
areas of the law in which they might be
interested and develop a workable career
plan toward achieving their goals. It is
also an excellent opportunity to make
contacts and begin networking.
Johnson's Reign
of Uncertainty Ends
by Douglas "Scoop" Moore
Friday, September 5, 1986 marked the
...end_offien_lohnson's term of office as
leader of one of the law school's most
prestigious law fraternities, the Vinsom
Chapter of Phi Alpha Delta (PAD).
This coup, instigated by one Charla
McNally, brought to a close the reign of
confusion and disarray that had begun
following the exit of Michael Campbell
as Justice. Johnson, who was to replace
Campbell under the fraternity by-laws,
was ousted when a majority vote was
obtained in favor of suspending those
same by-laws in order that a new
election could take place.
Johnson has been seen by this
reporter pacing aimlessly outside the
PAD office with a dazed and confused
expression on his face, muttering to
himself, "I'm scandalized! "
This reporter has but one question:
Without by-laws, is there a fraternity?!
confidence in intercollegiate athletics
against athletes' interest in privacy. But
it's more likely, said Quick, that a court
decision would turn on the issue of
consent.
Refusal to sign a consent form bars
an athlete from competing for the
University of Louisville. Such a conse­quence
"could very well be considered
a coercive factor" in the athlete's
decision whether to sign, said Quick. "If
a penalty is attached to a decision not
to consent, is the consent truly volun­tary?
This is the issue."
Lyons called the question of consent
"less of an issue than you might think.
It will be rendered moot by the fact that
Law Examiner Wins Award
The Louisville Law Examiner shared
top honors in the 1985-1986 Law School
Newspaper Competition sponsored by
the Law School Division of the
American Bar Association. The Law
Examiner received the Award for
Excellence for entire newspaper,
reporting over the year, Class A along
with Juris Doctor, a newsmagazine
published by the Duquesne Law School.
Class A law schools are those with fewer
than 700 students. This marks the fourth
time since 1979 the Law Examiner has
won the Award of Excellence in the
entire newspaper category.
The competition officials judge the
entire newspaper category based on the
submission of two issues of the publica­tion.
The Law Examiner submitted
Issues 3 and 4 of Volume 11.
The cover page of Volume 11, Num­ber
3 was reproduced in the September,
1986 issue of Student Lawyer magazine.
According to Student Lawyer, around
50 newspapers and magazines entered
this year's competition.
'Trying' Experience
Continued from Page 1
This year, the Mock Trial Teams,
under the supervision of Associate
Professor Renardo Hicks as well as_tb.e__
A TLA trial team, are expected to reach
the finals. With the support of KAT A
and the continuing development of the
trial advocacy programs at the Law
School, it is conceivable that in the very
near future, the state as well as the Law
School could attain national recognition
as a training ground for superb trial
lawyers.
The texts of the competitions alter­nates
each year. Last year civil cases
were argued. This year criminal cases
are to be argued. This year criminal
cases are to be argued. Anyone
interested in further information about
KAT A, STLA or the competitions may
contact Professors Russell Weaver or
Renardo Hicks or Ron Hines.
soon, because of NCAA mandate, all
universities will test athletes for drugs.
"We think we're doing the right thing,"
Lyons said.
Letters to the Law Examiner are
encouraged. If possible, letters
should be typed, double-spaced, and
limited to 300 words. Longer letters
will be considered, but the Law Ex­aminer
reserves the right to edit any
letters submitted for publication.
Letters must contain a complete
name and address, as well as the
author's phone number (address will
not be published, if requested).
Louisville Law Examiner, October, 1986 3
ABA Membership Benefits Students
by Jennifer Miller
When the words "ABA Journal" and
"Student Lawyer" are mentioned, The
American Bar Assocation Law Student
Division (ABA-LSD) immediately
comes to mind. Although these two
magazines are an important benefit and
part of the ABA-LSD, the ABA-LSD
stands for much more. The benefits of
ABA-LSD membership include, in
addition to the magazines, eligibility for
reasonably-priced health and life
insurance, PMBR review discounts,
special MasterCard charge accounts,
and membership in the ABA profes­sional
sections at greatly reduced rates.
Furthermore, if you're of a competitive
nature, you can participate in The Client
Counseling Competition or the National
Appellate Advocacy Competition. You
can also run for a national or circuit
office or local office like that of
ABA-LSD Representative of your
school.
Each AHA-approved law school
selects a law student to serve as the Law
Student Division Representative during
the course of every year. At the
University of Louisville, a new
ABA-LSD Representative is elected
every February by the student body and
seyves as part of the Student Bar
Association Executive Committee.
As ABA-LSD Representative for the
1986-87 school year, I'd like to take this
opportunity to wdcbme all the first-year
students to the University of Louisville
Law School, as well as cordially invite
all law students to join or renew their
membership to the ABA-LSD.
Kentucky, Ohio and Michigan make
up the Sixth Circuit. As ABA-LSD
Representative, I am responsible for the
promotion of Division Membership in
our school. In order to increase
membership, I attend circuit meetings,
along with the SBA President Vicki
Carmichael. The meetings include the
Fall Round Table, the Spring
Conference, and the Summer Caucus.
The location of the meetings vary
because each school takes a turn at being
the host school. At each of these
meetings we discuss membership goals
and strategy. Throughout the day we
attend workshops and seminars. Of
course, we always find time to do a little
sightseeing, as well as celebrating of the
day's accomplishments.
The Fall Round Table, which will be
held in Cincinnati, Ohio, is the first
opportunity for the new ABA-LSD
Representatives, SBA Presidents, and
other special interest group officers to
meet one another and to become fully
acquainted with the purpose, programs,
and organizational structure of the Law
Student Division. The Spring
Conference has two major functions:
the election of a new Circuit Governor
(who is in charge of every circuit
meeting) and preparation for the
Annual Meeting. The Summer Caucus
which was held this past June in
Windsor, Canada, served the purpose of
discussing individual schools' resolu­tions
and fmalizing arrangements for the
Annual Meeting.
The Annual Meeting, which met this
past August, was held in New York
City. At this time, both the American
Bar Association and the Law Student
Division assembled. It was quite an
interesting and unique experience
because it provided an opportunity to
meet both students and lawyers from
throughout the United States. The
Annual Meeting also provided an
excellent opportunity to become better
acquainted with members of our circuit,
as well as make new friends in the other
circuits. The agenda included
workshops, circuit meetings, special
interest seminars, and sightseeing tours.
The weekend was topped off with a
formal dinner/dance.
I hope that each and every one of you
will join the ABA-LSD. The price is
small; there is a $10.00 fee, but the
benefits are great in number. The way
you approach your legal education now
will improve your future in the legal
profession. As a Law Student Division
member of the ABA, you will learn
about your profession, make career
decisions, and have a voice in issues
affecting law students today.
Compliment your legal education
through membership in the Law Student
Division and receive the many benefits
offered to you as a member. Remember,
for the lawyer you'll be tomorrow ... the
resources you need today.
•
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Photo by Todd Bolus
Above: Lou Velasco selling items to raise money to fund SBA events.
Below: Faculty and students enjoy SBA sponsored football game.
Staff photo
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4 Louisville Law Examiner, October, 1986
Brandeis Brief:
Specialization: An Idea Whose Time Has Come
William J. Haynes
William S. Haynes received a
Bachelor of Arts in Government and
Economics from Western Kentucky
University in 1966. He then served as a
First Lieutenant in the U.S. Army
during the Vietnam War, where he
received three Bronze Stars for heroism
in combat. Upon leaving the Army, he
entered the University of Louisville
School of Law, and received his Juris
Doctor degree in 1972. He was admit­ted
to practice in Kentucky in 1973 and
practiced for over ten years, during
which time he was a-generally recog­nized
authority in the area of Kentucky
Worker's Compensation. He is author
of seven volumes of Kentucky
Jurisprudence: Civil Procedure,
Criminal Law, Domestic Relations,
Worker's Compensation, Contracts,
and Corporations. The first four
volumes mentioned above are currently
available and the fifth, Worker's
Compensation, will be available in
October, 1986.
by William S. Haynes
The concept of legal specialization is
not new in Kentucky. In the larger urban
areas of this state, specialization is
widespread, not only in the larger law
firms, but among the smaller firms and
individual practitioners. According to a
joint survey made in 1967 by the
Kentucky Bar Association and the
University of Kentucky, 300/o of the
lawyers in Kentucky specialize in one or
more areas of the law. The Kentucky
Bar Association has for many years had
a Specialization Committee; however,
on each occasion that a plan for
specialization has been presented by that
committee to the Board of Governors
the plan has been rejected. It should be
noted that the most recent plan for
specialization was rejected by the Board
of Governors by only one vote during
its April 1986 meeting.
In the Code of Professional Respon­sibility
it is stated that one of the
important functions of the legal profes­sion
is "to facilitate the process of
intelligent selection of lawyers."' While
Lawyer Referral Services to some extent
assist laymen in selecting a qualified at­torney,
it is submitted that the failure to
adopt a plan of specialization in Ken­tucky
and by permitting attorneys the
unlimited right to advertise that they are
"concentrating in" a number of legal
areas has served only to confuse the
public in their efforts to intelligently se­lect
a qualified attorney.
How do laymen
perceive attorney
advertisements?
For example, during a recent late­night
commerical television break, an
attorney's advertisement appeared on
the screen which represented to the
viewing public that he "concentrated
in" such legal matters as Worker's
Compensation, Social Security, personal
injury, bankruptcy, criminal law, and
several more diverse types of cases. That
legal commercial concluded by the
proper disclaimer: "Kentucky law does
not certify specialties of legal practice. " 2
While most attorneys understand the
legal difference between the terms
"concentrating in" and "specializing
in," as those terms are used in the
Kentucky Rules of the Supreme Court
and the Kentucky Code of Professional
Responsibility, the logical question
arises: "How does the person, who is in
need of legal representation, perceive
such advertisements.?"
After conducting a very informal poll
of non-lawyer friends, I was somewhat
surprised that the general impressions of
those individuals who had seen the
advertisement was that the advertising
attorney was, to some extent, a specialist
in all of the named areas. Thus, the
disclaimer required by the Rules of the
Supreme Court did not serve its intend­ed
purpose of alerting the public to the
fact that the phrase "concentration in"
does not equate with legal competence.
Effectively, the result is that attorneys
are permitted by SCR 3.135 to state in
public advertisement "any limitation or
concentration of practice" without first
securing the prior approval of the
Attorney's Advertising Commission, so
long as the other requirements of SCR
3.135(3) are compiled with.
As there currently exists no method
by which it can be ascertained if those
advertising attorneys are indeed profi­cient
or competent to practice in those
areas of concentration, even the most
incompetent of attorneys may legally
advertise that his practice is "limited to"
or that he is "concentrating in" any
number of legal subjects. Since the
general public has failed to distinguish
between the use of the terms "concen­trating"
and "specializing," the public
ability to "intelligently" select a
qualified attorney has been significant-­ly
impaired.
Other states
perJnitspeciaHzation
In an article written by Joe C. Savage,
current chairman of the Specialization
Committee and President-Elect of the
Kentucky Bar Association, entitled
"Report On Specialization" 3 it was
noted that South Carolina, Florida,
New Jersey, California, Texas, and
Arizona have adopted specialization
plans. While the space allotted to this
Brief does not permit a discussion of
each individual plan adopted by the
aforementioned states, generally,
according to President-Elect Savage,
those adopted plans have the following
common characteristics:
1) Administration. Initially, a plan of
specialization must be approved by the
Supreme Court of Kentucky, because
the adoption of such a plan involves
changes in the rules relating to the
practice of law. After the adoption of
a plan of specializaiton, a Commission
is established whose function is to define
the areas in which a specialist may be
certified, establish the requirements for
certification and recertification, and
operationalize the plan within the limits
imposed by the Supreme Court of
Kentucky. The cost of Administration
are derived from fees generated upon
certification and recertification of the
specialists, as opposed to being funded
by the Bar as a whole.
2) Voluntariness. All of the plans
adopted permit an attorney to elect
whether or not he or she will seek cer­tification.
However, upon the certifica­tion
of specialist, that attorney is not
permitted to engage in other areas of the
law. This particular feature of speciali­zation
plans was devised as a method by
which "general practicioners" in the
smaller communities of a state would be
protected against any competitive disad­vantage.
Therefore, if an attorney elects
not to become a certified specialist, that
attorney is permitted to practice any
type of case without any restrictions or
limitations.
3) Advertisement. Perhaps the most
solvent and practical characteristic of
the plans adopted by the aforemention­ed
states is the fact that certified
specialists are permitted to notify the
general public of that fact: As a
corollary to that right, those attorneys
who are not certified are prohibited
from advertising that their practice is
limited or that they "concentrate in" a
particular area of the law. This prohibi­tion
against uncertified attorneys
advertising would obviously serve to
allievate the confusion which exists in
the minds of the general public regard­ing
the distinction between "concen­trating
in" and "specializing in" a given
area of the law.
The question has often been asked:
"Why do we need specialization?"'That
question was perhaps best answered in
a 1974 report of the Specialization
Committee of the Kentucky Bar
Association where in it was stated: "The
public both needs and has _a right to
expect of the legal profession. some
method by which a prospective client is
afforded such infoirnation as will enable
him to wisely choose an attorney with
respect to a) the attorney's chosen field
of practice and b) the attorney's
competency in that field; so the public
interest would be served by the recogni­tion
and regulation identification of
specialists."
In President-Elect Savage's article in
the Kentucky Bench and Bar• the
following four arguments for certifica­tion
of legal specialties were set forth:
1) Certification will give to the public
the information necessary to select an
attorney qualified to perform in a given
-area.
2) Certification will increase the
competency of attorneys because it will
require proof of competency in an area,
foster competition among attorneys to
become certified, and will create profes­sional
goals of achievement.
3) Certification will clarify lawyer
advertising. Advertising may be
regulated, and may be prohibited if it is
misleading. Lawyer advertising that
suggests extra competence in certain
areas will be misleading where the
lawyer has an opportunity to become
certified and does not.
4) Certification will foster CLE.
Where mandatory CLE for all attorneys
is rejected, mandatory CLE voluntarily
accepted by those wishing certification
or recertification will encourage and
foster CLE.
Conditions have
changed
It is important to note that even the
Kentucky Code of Professional Respon­sibility
recognizes that, while formally
potential clients usually knew the
reputations of local lawyers for
competency and integrity, conditions
have changed over the years, which have
impaired this traditional selection
process. In a statement of principle
found at Ethical Considerations 2-7, the
following quotation is found: "Often
the reputations of lawyers are not
sufficiently known to enable laymen to
make intelligent choices. The law has
Continued on Page 7
Louisville Law Examiner, October, 1986 5
CLE UNDER THE SUN:
A Modest Proposal For· A
U of L Law Alumni Trip
To the Other Mallorca*
by Lawrence W. Knowles
For well over a decade I've spent my
summers on the island of Mallorca,
Spain. Not in the large and crowded city
of Palma, but in the valley and port of
Soller, where the mountains and the
Mediterranean meet. Because Soller is
a tortuous hour's drive from
metropolitan Palma, it remains unem­battled
by invading tourist armies. I
believe it is a perfect place for a law
alumni jaunt, along with an on-site CLE
program. On the other hand, for the
rustic beauty of pine trees; and the 800
year old towns, we will have to do
without some things. To start:
The hotels will not be American plan.
We shall have to do without the
compulsory daily three pasta-laden
meals. We may even skip meals,
bringing on. the danger of weight loss.
Another problem with meals is that we
are without McDonald's, Burger King,
Shoneys or the like. We shall have to be
content with fresh, no-coloring, no­chemical
vegetables, local oranges and
olives, non-industrial compressed
chicken, pork, and lamb. (Spanish steak
is more suited for repairing tires than
eating.) Other everyday local dishes are
calamares', canicoles2
, lengosta3
,
pescado•, lechona 5
, conej o con
cebollas', and other alien fare.
Another sorry loss will be all-night
discos and all-night drunks. (The discos,
and there are several, close at 2:00.) For
the aficionados and aficionadas of
tauromachy, there is a splendid old bull
ring in Palma, a lovely one-hour train
trip away. And corridas every Sunday
afternoon. Palma also sports jai lai,
somewhat more of an even match than
a bull fight.
Some hotels are without pools, so the
Mediterranean, a full 300 feet away, will
have to suffice.
You will have to do without a
welcome cocktail party with the tradi­tional
tepid-tasting champagne in
styrofoam cups.
There is no Rotary Club.
Waiters will not speak English
better'n you.
And finally, we will have to do
without the titillation of terrorism.
What I would like at present is for
those interested in such a trip to drop
me a line at the law school indicating
your interest and the number of people
accompanying you.
Secondly, I would like to have the
advice of several interested law alumni
on various options I hope to make
available to the group, including a CLE
credit package, an overnight boat trip
to Barcelona and the like. I hope anyone
interested in helping me a little will drop
me a note to that effect here at the law
school.
The tentative dates for this rought-it
safari are June 8-22, 1987.
'Squid, 2Snails, 3Lobster, •Fish,
5Roast Suckling Pig, and 'Rabbit With
Onions.
a
Photo by Todd Bolus
Patricia Anderson
*The Romans conquered Mallorca fn
the year 123 A.D., and together with the
neighboring islands, made it into a
Roman colony. In the fifth century,
Mallorca was invaded by Vandals and
in the sixth century, it was incorporated
into the Byzantine Empire of Constan­tinople.
In the tenth century, Mallorca
fell into the hands of the Arabs and,
after a series of incidents, was
conquered in 1229 by King Jaime I, who
made the island part of the Aragon
Kingdom. At this King's special request,
Mallorca was granted independence
until the fourteenth century when it was
once again incorporated into the Aragon
Kingdom by King Pedro IV. Later on,
the island was made part of the Spanish
Kingdom when Fernando II of Aragon
married Donna Isabel of Castilla,
founders of the united nation.
Mallorca is the largest of the Spanish
Balearic islands, which are situated in
• the Mediterranean, off the Spanish
mainland. It has an area of 3,640 square
'kilometers and it has a population of
460,000 inhabitants. Agriculture is very
i_mportant, and worth mentioning are
the almond trees, which are of incom­parable
beauty when in bloom during
the mopths of January and February,
and the gnarled olive trees which also
form part of the landscape.
Of great importance are the factories
where the manufacturing of shoes,
liquors, furniture, artificial pearls and
leather articlesois carried otit, as well as
work done by the craftsmen of the.
island (in olive wood, . wrought iron
raffia and palmetto, artistic glassware,
and embroidery). Palma is the capital of
the . province of Baleares (Balearic
Islands) and' has a population of 311 ,200 ·
· inhabitants.
• . .
. Law School Hires .New Librarian
by David Fuller
One of the more noticeable · changes
around the Law School this year is the
addition of Patricia Anderson, the new
librarian.
Anderson, a self-proclaimed Air
Force brat, was born in Decatur,
Illinois, but has also lived in Egypt and
Libya;
Although this is her first position as
head librarian, she has a strong library
background. Among her credits she lists
a Bachelor of Arts degree in rhetoric
from the University of Illinois at
Champaign-Urbana in 1969, a Masters
degree in library science from the same
institution in 1970, and a !uris Doctt>r
degree from the University of Toledo in
1981.
Anderson worked extensively in the
public library systems of Decatur and
Toledo from 1970 to 1976 when she
· began law school.
After law school, she taught as a full­time
instructor of legal ·research and
writing at the University of Toledo.
Since 1983, she has been Associate
Director of the St. Louis University Law
Library . .
Anderson's all-consuming. outside
interest is breeding her seven Arabian
horses. She owns the horses in partner­ship
with another woman. For now the
horses remciin in St. Louis witli the part­ner,
but Anderson is actively hunting for
a suitable farm to lease in Louisville,
lamenting, "I.,miss them very niuch."
Professor Anderson says the most
significant changes will be in improved
computer services. The library plans
ultimately fo do its own book catalog­ing,
labeling, and. call numbering for
more accurate card cataloging and to
draw subject areas more closely together
within the library.
The card catalog system is to be
replaced by an internal computer
catalog system ·called N.O.T.I.S. The
system will be terminal operated. The
terminals will most likely be .where the
drawer files are now.
The Lexis ancl Westlaw computers
will be relocated to a more accessible
area, and will no longer be locked up
when not in use. Westlaw recently
confirmed the school's purchase of an
additional computer. Professor
Continued on Page 8
6 Louisville Law Examiner, October, 1986
Photo by Todd Bolus
Gwenyth Pitt
Faculty Notes: Publications,
Peregrinations and Pastimes
The Spring and Summer Months
Harold Wren has completed Tax
Aspects of Marital Dissolution, to be
published by Callahan and Company in
November . . . Bob Stenger has been
catapulted into the ether of campus -
politics [Editor's Note: the ambiguity
perhaps intended?] by being elected Vice
Chairperson of the Faculty Senate and
will serve additionally as Chairperson
(ex officio) of the Faculty Senate
Executive Committee . . . Marlin Volz
spent much of last summer stabilizing
the porch railing (with his legs) of his
Wisconsin lake front cottage ... Ralph
Petrilli completed the research and has
started writing an article on loss of
parental consortium. He also painted his
daughter's bedroom ... Barbara Lewis
managed to shake off the relentless tedia
of deaning and attended a workshop on
budget management at Stanford Univer­sity.
Dean Lewis' observation was, "If
we had a budget like Stanford, we
wouldn't have to worry about managing
it." ... AI Quick and Brenda Walts,
University of Louisville Law, 1985, were
married August 9 ... Bill Biggs began his
retirement years by teaching this past
summer at Southwestern University
School of Law in Los Angeles. Bill will
continue his retirement by teaching
Legislation at the University of
Louisville this fall ... Noi-vie Lay spoke
at the University of Southern California
Tax Institute, and further away yet, at
an International Symposium on
Property Tax in Copenhagen, Denmark
. . . Larry Knowles spent an arduous
summer surveying the cafes and bodegas
of Mallorca to determine the most ap­propriate
watering holes for University
of Louisville alumni (see page 5) ...
Rick Hicks lectured at the National In­stitute
of Trial Advocacy (NIT A) in
Philadelphia ... Kathy Bean delivered a
paper at the 37th Annual Convention
Conference on College Composition
and Communication in New Orleans,
Louisiana ... Nate Lord went directly
from summer school teaching in
Louisville to watching the whales in
Nantucket.
Faculty Exchange Brings
English Teacher to U of L
by Bill Wilson
Gwenyth Pitt is one of two professors
who are visiting the University of
Louisville this year from the University
of Leeds. She is teaching Decendents'
Estates I and a seminar in Comparative
Law this fall and will be teaching Labor
Law in the Public Sector and a class on
the English Legal System in the spring.
Pitt, who has been teaching since
1977, is altering her teaching style for
American students. "I'm using the case
method," she commented. Pitt noted
that the traditional teaching method in
England is by lecture. This is
supplemented by dictorials which are
class discussions of materials and
problems previously prepared by
students.
The path to a law degree in Britain is
similar to the American procedure.
''There are three years of study in which
14 classes are taken." First year subjects
include Constitutional Law and
Contracts. Upper level courses are also
similar to those offered at the University
of Louisville.
Once the three year program has been
completed, additional study is required
for those who desire to become a
solicitor or a barrister. This consists of
another year of school, more exams and
an apprenticeship under a practitioner.
Around 350 students attend Leeds. "I
would say that's average to large," com­mented
Pitt in comparing the school to
others in England.
Professor Pitt seems to enjoy her stay
in Louisville so far, but noted some
differences between Leeds and the
University of Louisville. "The library is
somewhat larger than what we have,"
she noted.
"I am especially impressed by your
collection of periodicals and reports.
You even have one or two British
periodicals which we don't have at
Leeds."
Next Issue: An interview with the
other visitor, Professor Davies.
Photos by Todd Bolus
Louisville Law Examiner, October, 1986 7
Brandeis Brief:
The Effect of Stress
Specialization •••
Continued from Page 4 including, for example, complex tax
matters, administrative proceedings,
products liability , litigation,
sophisticated estate planning, criminal
law, as well as the myriad of other areas
of today's jurisprudence. on the Immunity System become increasingly complex and
specialized. Few lawyers are willing and
competent to deal with every kind of
legal matter, and many laymen have
difficulty in determining the competency
of lawyers to render different types of
legal services.
by Paula DeMuth Douglass
Good health can play an important
role in being successful. It's difficult to
concentrate lOOOfo on your studies if you
have the flu. Some recent scientific
studies on the effect of stress on the
immune system have implications for
the law student who wants to remain
healthy through law school.
Excessive stress which is not properly
channeled depletes the immune system.
This, in turn, can leave the body
vulnerable to invasion by
microorganisms.
The significant effect that stress has
on the immune system was first
recognized in the second century by
Greek physician Galen. He ascertained
a direct correlation between anxiety­prone
women and their incidence of
breast cancer. _
Greater understanding of
immunology proved the accuracy of
Galen's findings . Drs. R. L. Horne and
R. S. Picard of the Cochran and
Shreveport, Louisiana Veterans
Administration Hospitals and
Washington School of Medicine
analyzed the risk of lung cancer by
evaluating psychological factors such as
emotional repre.ssion. Based on
psychological determinants, Horne and
Picard accurately predicted 73% of the
men who would develop cancer. They
further found that psychological factors
were one to two times more important
than smoking history in determining the
development of lung cancer.
While most studies have focused on
the stress-induced growth of cancer cells
or other psychosomatic disorders such
as hypertension, it is the entire immune
system that is at risk.
Stress causes the body to release
adrenaline, corticosteroids, and other
hormones which put the body in a high
alert modality and prepare it to "fight
or flee" the perceived danger.
The response was advantageous in the
days when human beings were regularly
pitted against saber-toothed tigers, but
is anachronistic today when most people
work in situations that do not allow
them to fight or flee.
An example is the relentless stress of
academics, particularly of law school.
Caught ·in a Socratic system where
answers must follow a sometimes
endless battery of questions, even the
most calm and astute student must
experience smne stress. The student is
allowed no psychological respite from
his studies until semester's end. One
must, therefore, develop creative ways
of managing stress since escape is
usually not possible and "fighting
back" is not socially acceptable.
The problem is that the adrenalin and
corticosteroids not metabolized by
fighting or fleeing remain in the body.
Unmetabolized, these hormones lead to
supression of the immune system, which
then increases susceptibility to disease.
Not all stress can be avoided. Further,
some stress can be beneficial in that
most of us need a certain amount of
pressure to perform well.
The solution is to mediate the body's
reaction to stress.
One response is to relax through
meditation. Relaxing has the opposite
effect of fighting or fleeing in that it
slows heart and breathing rates, lowers
blood pressure, reduces tension, and
re-establishes healthy hormone control.
Exercise is also effective in promoting
a healthy immune system. It stimulates
the brain to release endorphins and
enkephalins which reduce anxiety and
create a sense of euphoria. They also
increase macrophages and T cells as well
as interleukin-1 and interferon, all of
which strengthen the immune system.
Another antidote against stress is
visualization: the summoning of certain
images to the mind. Young cancer
patients who play the "Killer T Cell"
video game exemplify visualization. The
object: to destroy cancer cells. It works.
Academic-induced stress can be
similarly dispersed through some
combination of visualization, exercise,
and meditation. If you won't do it for
your mind, do it for your immune
system.
C OP/#6-
It is submitted that the aforemention­ed
quote realistically recognizes the state
of affairs in the legal profession today;
and that of principle services as the most
concise answer to the question of why
Kentucky needs a plan of specialization.
In an article written by Robert Joe
Turley entitled "A Realistic Route To
Recognition Of Specialization In
Kentucky, " 5 it was stated: "Much of the
public will no longer accept the implica­tions
of omnicompetence; and
experience has amply demonstrated that
the intricacy of many of today's legal
problems often demands the services of
those who have developed some special
expertise. None of us can conscientious­ly
say that any licensed lawyer
competently and economically
represents his clients in all cases,
It is indeed true that a lawyer's
primary function is to represent the best
interest of the client, then it·is strongly
suggested by this writer that both the
Kentucky Bar Association and the
Supreme Court of Kentucky has the
obligation to adopt and operationalize
a plan of specialization for the
recognization and certification of legal
specialists in Kentucky. By doing so, the
quality of the legal services which an
attorney offers could be intelligently
evaluated by the potential client before,
as opposed to after, the client selects his
or her attorney; and, the quality of the
legal services rendered by certified legal
specialists to a client world, in all
probability, would significantly
increase.
FOOTNOTES:
I) SCR 3.135(5)
2) Kentucky Bench and Bar, October, 1976.
3) id., January, 1983.
4) id.
5) E. C. 2-1.
"The mutual confidence on which all else depends can be maintained only by an
open mind and a brave reliance on free discussion. "
-Learned Hand
Let us know your point of view.
Letters to the editors should be typed and signed. The editors reserve the right
to edit letters for space considerations and for clarity.
P.FS
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8 Louisville Law Examiner, October, 1986
CURRENT PUBLICATIONS
SCHOOL OF LAW
UNIVERSITY OF LOUISVILLE
Leibson and Nowka, The Uniform Commerical Code of
Kentucky, The Michie Co . .... .. ..... . . ... .. ..... . ...... . ... . $ 75.00
Merritt, Kentucky Practice (Probate Practice, Vols. 1 and 2)
West Publishing Co .. .. . ... . . . .. . . . ... ..... . .......... . ..... $125.00
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Eades, Wrongful Death: The Law in Kentucky,
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Knowles and Eades, Law for ~sphalt Athletes: A Legal Guide For
Hikers, Runners, and Bicyclists ....... . ... ... . . . .. ....... . .. .. $ 3.25
Eades, Products Liability: The Law in Kentucky,
Harrison Publishing Co ....... . .................... . .. . .. . ... $ 22.50
Journal of Family Law, (four issues per year) .. . . .................. $ 15.00
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(four issues per year) .. . .. . .... .. ........ . .. . . ... ... .. . . .. ... $ 33.50
Kanovitz and Kotter, Constitutional Law 4th edition,
Anderson Publishing Co ........... .. .. . . ... . . .... . .......... $ 25.95
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All publications may be obtained through the
OFFICE OF CONTINUING LEGAL EDUCATION
SCHOOL OF LAW
UNIVERSITY OF LOUISVILLE
Louisville, Kentucky 40292
Law School Librarian
Continued from Page 5
Anderson said the computer should ar­rive
"within the next few months."
Professor Anderson is negotiating a
contract with Westlaw which will
authorize attorneys, and their clerks, to
use the Westlaw system. The school will
charge firms the commercial use amount
for the service, about $160 per hour.
Anderson expects smaller firms and solo
practitioners to jump at the new service.
She stresses that the existing rules
regarding food and drink will continue,
and be more strictly enforced than in the
past. She is adamant in her stance
towards food, but is "open to discus-
Louisville Law Examiner
School of Law
U Diversity of Louisville
Louisville, Kentucky 40292
sion" regarding drinks. A tentative
proposal would allow them under two
conditions: that they . be in non­disposable
containers, to deter litter,
and that anyone drinking do so while
they are using their own materials, not
library books. As a reminder, she add­ed
that the conference rooms are not for
individual study; groups have priority in
using them provided they close the door
and keep the noise level low.
Professor Anderson anticipates no
staff changes. There is no current need
for additional student assistants,
although five of six available federally
funded work-study positions remain
open.
John M. Harlan Louis D. Brand~is , .
. ·~· . .
Louisville~---
Law Examiner
Volume 12
U of L
Starts
Drug-Tests
Page 1
Law Examiner
Wins Award
Page 2
Attorney
Specialization
Discussed
Page 4
Interview
With
Gwenyth Pitt
Page 6
October, 1986 Number 1
Photo by Nancy Morgan
..