Louisville Law Examiner 
Serving the University of Louisville School of Law Community
 VOLUME 16, NUMBER 2 LOUISVILLE, KENTUCKY- NOVEMBER, 1990 CIRCULATION 4800 
National Leaders Visit Louisville Campus
Attorney General Honors Brandeis Harvard Professor Encourages Equality
United States Attorney General 
Richard Thornburgh railed against
. "flagrant self-dealing in other people's
 money" in his October 2 inauguration of
the Brandeis Lecture series at the new
Student Activities Center.
Thornburgh paid tribute to Louisville's ·
Supreme Court Justice, Louis Brandeis.
 He noted, "We need particularly from
 our rising lawyers a 'Brandeised' diligence 
over other people's money and over the
integrity and vitality of our nation's
institutions and the proud heritage he
helped so brilliantly to build."
The Brandeis Lecture series was
instituted this year to honor Brandeis and·
his contributions to the University, the
School of Law and the City of Louisville .
Thornburgh, the country's 76th 
Attorney General, spoke to a full house. 
He used Justice Brandeis' philosophy as
an example of positive solutions for
today's problems. Today's greatest
problem, he said, is servility.
"And for Brandeis, the great, subtle
enemy of freedom was servility. The
servile were those who enslaved
themselves to various masters, for
whatever, riches or eminence, and did not
(continued on page 3)
Pboto by SteYe Wllltrlp
Pirtle-Washer Moot Court
Competition Tests Students
by David Spenard
The Moot Court Board of the Univer­sity
of Louisville School of Law is pleased
to announce Priscilla Garland as winner
and Michael Mazzoli as runner-up of the
1990 Pirtle-Washer Intraschool Moot
Court Competition.
This year's Pirtle-Washer problem
concerned whether the team "occur­rence"
in a comprehensive general
liability policy requires an insurance
company to imdemnify for federally
imposed environmental clean-up costs
when property damage manifested itself
five years after the burial of hazardous
waste materials. ·
The preliminary rounds were held ort
Saturday, October 6th at the Hall of
Justice. During the preliminary rounds of
the single elimination appellate advocacy
tournament, the student advocates were
judged 'by three person panels composed
of attorneys from the region. Thirty-one
students participated in Pirtle-Washer,
and after the preliminary rounds were
complete, four students, Mat Slechter,
Mark Scott, along with Garland and
Mazzoli, advanced to the semi-finals.
The semi-finals and finals were held on
Friday October-12th-in-the Allen Court~
room at the University of Louisville
School of Law. Judge panny J. Boggs
from the Sixth Circuit Court of Appeals
served as Chief Judge. For the semi-finals
Judge Boggs was joined by Judges:
Michael 0. McDonald and John D.=
Miller from the Kentucky Court of
Appeals. Judge Paul Gudgel from the
Kentucky Court of Appeals joined Judges
Boggs and Miller on the panel that judged
the final. After the final, Dean Donald
Burnett, fqrmer Judge on the ·Idaho
Court of Appeals, sponsored a reception
for the finalists in the Attila Cox Lounge.
by Stephen E: Waltrip
Managing Edit~r
Harvard Law Professor Derrick Bell ·
visited the University during Diversity
Week, and spoke at the Law School on
September 18. Bell has had an impressive
law career, culminating with a tenured
position as the first black Harvard Law
Professor. He is currently on self-imposed
leave from Harvard Law School,
protesting that school's failure to grant
tenure to a black female faculty member.
. Bell gave a thought-provoking lecture
to the crowded Allen Courtroom, which
was filled with law and non-law students
and faculty, as well as some attorneys and
other members of the community. Bell
introduced a radical hypothetical to
preface his message. "The Racial
Preference Act" should be passed by
Congress, Bell presumed, "a bold new
approach to the nation's problem." As
this imaginary statute would work, all
employers could apply for a license to
exclude any person from work based
upon racial preference. The statute would
entail the payment of a sizable fee for the
license which would be put into a fund fRr
minorities. The employer would be
required to put up a large sign professing
its racial prejudice, i.e., "I'm a racist with
a license."
Professor Bell asked the audience what
they thought the effect of this statute
would be. After getting several responses,
Bell said, "My uncertainty is whether,
given those options ... whether we might
end up with less discrimination. No one
wants to be called a racist, not even the
KKK."
Bell went on to discuss the nature of
racial prejudice. "We need a group which
is designated down. As long as we have
this need, maybe none of these civil rights
statutes will work. Maybe that is why the
· success of civil rights statutes is so cyclical
.. . (because of) the underlying need to
have this lower class."
Bell ended the speech with a fitting
analogy.· He spoke of the terminally ill
patient. Such a person reaches a certain
level of acceptance: recognition of -t._he
reality that they are dying. When this
person accepts the reality of death, only
then can they move on.
In the same way, upon realistic
· recognition of the underlying causes of
racism, a society can then proceed. "We
need to look at the sources of these
things,'' the learned scholar argued. ''We
should start with the acknowledgement
that (racism) has been going on for 300
years, and it will continue in the future.·
We've got to face up to this fact, just as
we face up to death. We've got to get
down before we get up."
Professor Bell's inspiring message was
a fitting compliment to Diversity Week at
U of L.
Plloto by Cllrlll Tllon~blU
Pirtle-Wasber runner-up Michael Mazzoli and champion Priscilla Garland.
Louisville Law Examiner
EDITORIAL BOARD
Frank L. Dempsey
Editor-In-Chief
Brent Hall
Hal Friedman
Day Associate Editors
Brett Oppenheimer
Brandeis Brief Editor
A. Whitney Thacker
Lay-Out Editor
Stephen E. Waltrip
Managing Editor
Harry B. O'Donnell IV
Night Associate Editor
Curtis Thornhill
Photography Editor
David Strite
Sports Editor
Richard A. Nunnelly
Business Manager
Mark Broadus
Eric Saltbe
Derrick Wilson
Sherry Dorner
STAFF . ·
Finn Cato
Erin Brown
Andrew N. Clooney
Chris Klein
Professor LAURENCE C. KNOWLES, Consultant
Professor ·RONALD EADES, Consultant
Tbe 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 articl . 1ld be cleared with
the Editor as to topic and length.
Address all communications to The Louisville Law L .niner, School of Law,
University of Louisville, Louisville, KY 40292. Phc. c:: (502) 588-6399.
Dolson Suffers
Heart Attack
Plloto lly Steve Waltdp
Professor and former Associate Dean William F. Dolson bad a heart attack last montb.
This picture, taken tbe day before Dolson's beart attack, shows bim joking with a
Law Examiner photographer. Dolson's recovery bas one well and quickly. He expects
to return to teaching later tbis semester. Professor Wren and Dean Burnett took over
Dolson's two classes in tbe interim. He was teaching an Arbitration seminar and a
Land Use seminar. All of us here at tbe Examiner, as well as everyone at the School
of Law, wish Professor Dolson a fast and easy recovery.
The Law Examiner has received several requests that the
text of Attorney General Richard Thornburgh's Brandeis
Lecture be printed. Due to space and time limitations it
was not possible to include the speech in this issue.
However, the entire text will be reprinted in next month's
Law Examiner. ·
-
Editorial
The Family And The Law
by Martin Levy
Child abuse is a horror. Spouse abuse
is a ·horror. As a culture we are more
aware than ever before of the incidence
of child abuse and spouse abuse. And as
we have become aware of these horrors
we have invoked statutes and regulations
to prevent that type of thing from occur­ing.
The personal· harm done in these
situations is enormous, but I don't think
people have asked themselves whether the
remedy is worse than the disease.
The Courts are becoming the watch­dogs
of the family. We are seeing more
and more intervention in family matters.
The net result is that the government is
taking the role of protecting people in the
family from the family, thus eliminating
the family's role as an intervenor system
between the individual and the state. We
live in a_ very stressful society and it is
important that if we are not to become
just a group of individuals functioning for
and depending on our government, that
a family exists. Yet, in this highly
individualistic culture, where more and
more people are living singly as adults;
and in this culture where more and more
people are divorced, or widowed hi this
Editorial
culture where more and more people are
elderly, we are witnessing a reliance on the
state to a far greater extent than has
existed before.·
While the communist countries are
becoming more capitalistic, we have
become more socialistic. We have become
a caretaker society. A society based on
services, not on productivity. The net
result of that, in.terms of child abuse and
spouse abuse, is that we are abdicating
our personal responsibilities in favor of
security. This security used to be borne
by the family. As the society becomes
more and more stressful and faster paced,
with the advent of computers, with the
breakdown in privacy, with the informa­tion
glut, there is more and more of a
need for the family at the same time that
the family is disintegrating. What
happens to the sick?· What happens to the
elderly? What happens to the abused
child? Can the state really provide, except
in a physical sense, for these people? I
believe the answer is no. I believe that
however imperfect the family, the family
structure and system are a 'necessary
adjunct to a functioning society.
v
(continued on page 6)
Law School Midterms?
by Brett Oppenheimer
and Frank Dempsey
Recent policy changes at the law school
have included midterm examinations in
some first-year classes. Differing points
of view have surfaced as to the wisdom
of installing such tradition challenging
changes. Much can be said both in favor
and opposed to giving midterms to first
years.
The most peneficial attribute of a
system which includes midterms is its
ability to show students how they are
doing and give them a chance to improve.
Students can see how well they've adapted
to the vast undertaking of learning the
law. And they can find out if they are
having trouble in enough time to do
something about it.
Professors also benefit. They can
evaluate their teaching efficiency and
change their methods if necessary. The
administration says the · system will
provide for a lower failure rate as a result
of this "early look."
Midterms alsj) take away some of the
fear and mystery that surrounds the "law
school exam" for first years. Plus, it gives
them a chance to familiarize themselves
with the professors testing and grading
style. •
Of course, those of us who made it
through first year might be jealous that
this class doesn't have to endure the same
tests that we did. The traditional law
school model means one class, one test,
one grade. We wonder if first-year
students aren't missing something by not
having this experience.
Perhaps the most compelling uanti-h
·
midterms" argument stems from the
analogy of "student/exam" to
"attorney /practice." An attorney has
certain amount of time to prepare for any
significant deadline. To this end, the
attorney must choose the pace at which
he will educate and prepare himself.
Much like the attorney, the law student
knows months in advance the date by
which she must be ready to perform.
Grade on midterms can be misleading
to students. A student who gets an A may
assume he has law school licked. Similar­ly,
a student receiving a disappointing
grade may give up too early in his law
school career.
Plus, time spent preparing for
midterms could be spent learning new
material. Instead of preparing new cases,
students are required to spend study time
reviewing earlier material.
There is something to be said for law
school being difficult. Do we really want
to make law school easier? Survival of the
fittest is a harsh concept, but it should
insure competence in the profession.
Quality attorneys should be able to deal
with the problem of having to perform
and risk failure in one shot.
But the inherent problem with this one
final system is that good students
sometimes don't make the cut. Last year's
failure rate shocked us all.
The mid term system does indicate that
the faculty and administration are respon­sive
to what's going on. First year
curriculum changes show their efforts to
improve legal education at U of L. We
· encourage them to continue with their
improvements.
Congress Protects Veterans' Rights
by Robert P. Ford
On November 18, 1988, Congress
enacted into law the Veterans' Judicial
Review Act. That legislation created an
Article I Court with exclusive jurisdiction
to review VA benefit decisions-the Court
of Veterans Appeals. It also provides for
limited Article III court review of
decisions rendered by the newly created
Court of Veterans Appeals. Furthermore,
the Act raises the ten dollar limit on
attorneys' fees. Thus, a whole new area
of law has been opened up to the bar.
In reponse to this new development, the
ALI-ABA Committee on Continuing
Professional Education and The National
Veterans Legal Services Project held a
two day seminar in Chicago on September
13th and 14th. The purpose of the
seminar was to provide a comprehensive
understanding of the benefits available to
veterans, the VA claims process, review
of VA decisions in the new Court of
Veterans Appeals, persons permitted to
practice, and the issue of attorney's fees.
I attended that seminar and hav~ brought
back some highlights from the program.
Claims Procedure: Generally, the
claimant starts the claims process by filing
an original claim for benefits with the VA
Regional Office (the range of benefits
available to veterans is beyond ihe scope
of this article. The claims process describ­ed
herein is primarily applicable to
disability claims)". The Regional Office
then provides notification to the claimant
in the form of an "Award Letter" or a
"Denial Letter". If the claimant is
dissatisfied with the award or has had his
claim denied, then he must next file a
"Notice of Disagreement." It is then for
the Regional Office to review the claim
and either allow the claim OR prepare a
rating decision confirming the denial
along with a "Statement of the Case"
that explains the facts and law relied upon
in denying the claim. Next, the claimant
has 60 days in which to perfect an appeal
to the Board of Veterans Appeals.
Appeals before the Board of Veterans
Appeals are considered de novo, thus,
new documentary evidence and witnesses
may be presented.
The Board is composed of 65 members
and has jurisdiction over all questions on
claims involving benefits ~dministered by
the VA. Practicing before the Board of
Veterans Appeals is substantially similar
to practicing before and Administrative
Law Judge in a Social Security case.
' If a claiQiant is dissatisfied with a
decision rendered . by the Board of
Veterans Appeals, he or she can pursue
one or more of three options. First, the
claimant _can file a "Motion for
Reconsideration" with the Board of
Veterans Appeals. Second, the claimant
can file a reopened claim with the VA
Regional Office (Note: The VA does not
strictly apply res judicata to claims and
such may be reopened at anytime).
Finally, he or she may file a Notice of
Appeal with the Court of Veterans
Appeals (Only the Claimant can file an
appeal with COV A, not the VA).
If either the claimant or the VA is
dissatified with a decision rendered by the
Court of Veterans Appeals, then either
can file an appeal with the Court of
Appeals for the Federal Circuit.
It should be noted at this point that the
above claims process, especially with
regard to judicial review, is a significant
departure from previous law. Congress
has not allowed judicial review of VA
benefit decisions since 1933 when it then
enacted a judicial review preclusion
statute [38 U.S.C. S211 (a)].
The New Court of Veterans Appeals:
The new Court of Veterans Appeals is an
Article I Court based in Washington,
D.C. with exclusive jurisdiction over
Board of Veterans Appeals decisions.
Only claimants can appeal decisions of
the Board of Veterans Appeals - not the
VA. Only claimants who file a notice of
disagreement with the VA regional office
after November 18, 1988 (the effective
date of the Act) and who file an appeal
with the new Court within 120 days of a
Board of Veterans Appeals final decision
are entitled to judicial review under the
Act.
A final decision of the Court of
Veterans Appeals involving a question of
law can be appealed by either the VA or
the claimant, withing 60 days of that
decision, to the Court of Appeals for the
Federal Circuit. Furthermore, Federal
Circuit decisions are appealed to · the
United States Supreme Court by way of
writ of certiorari.
Scope of Review in the Court of
Veterans Appeals: Issues of law decided
by the Board of Veterans Appeals are
reviewed under the "arbitrary or
capricious" or "contrary to statute or
constitutional authority" standards.
Findings of fact are overturned if "clearly
erroneous". It should be pointed out that
any review at this juncture is based
exclusively on the record that was before
Thornburgh Speaks To U Of L
. (cont!nued from page 1)
respond to the flaws in the system. If they
did not exploit 'these flaws, they
acquiesced, claimed not to perceive, even
protected such flaws from exposure. ·
Servility is responsible for the current
economic problems the country faces
today, he said. · ·
"Well into the middle of the decade,
we might have recouped the S & L losses
for something in excess of $100 billion.
But even at that late date, servilify
prevailed" he said.
"Bank officers, even independent
accountants, failed to forewarn of
business calamity. Regulators followed
the exact letter of the new deregulations,
even as they saw the fiscal outlines of
disaster former. Eventually, even the
members of Congress set aside the
warnings."
"So many were subject to so much
power, and the price of their collective
servility now promises to mount as high
as $500 billion," he said.
Brandeis knew, Thornburgh said,
"That true integrity is a stand-up act, and
even in the interests of other people's
money, you may sometimes have to stand
alone."-
the Board of Veterans Appeals. act]. A violation of the fee limitation is
Persons Authorized to Practice: The a felony punishable by a fine of "not
Administrator of the VA may (subject to more than $500 or imprisoned at hard
certain statutory prohitions) "recognize labor for not more than twq years , or
anyindividualasanagentorattorneyfor both." (38 U.S.C. S3405 of the earler
the preparation, presentation, and act].
prosecution of claims under laws Where a notice of disagreement was
administered by the Veterans' filed on or after November 18, i990, no
Administration." [38 U.S.C. S3404 (a)]. fee (not even one penny!) may be charged
Thus, both lawyers and non-lawyers until after the Board of Veterans Appeals
(most notably, representatives from has rendered a final decision. If the Board
veterans service organizations, e.g., the has rendered a final decision and it
American Legion or Veterans of Foreign involves a claim were a "Notice of
Wars) are permitted to practice VA law. Disagreement" was filed after November
However, non-lawyers must first pass a 18, 1990, then an attorney (or accredited
V A-administered exam. non-attorney) who has been retained by
Since most VA claims were handled by the client within one year of the decision
representatives of veterans service may enter into any reasonable fee agree-organizations
before the passage of the ment they wish. The fee agreement can
new Act, Congress entered into a cover services performed for l) re-compromise
measure which also allows opening a case before the VA Regional
non-lawyers to practice before the new Office, 2) moving the Board of Veterans
Court of Veterans Appeals. [38 U.S.C. Appeals for reconsideration, and/or 3)
S4063 (b) (1988 amendment]. However, appealing to the Court of Veterans
non-lawyers may practice before the court Appeals (or the Court of Appeals for the
only if they are under the direct supervi- Federal Circuit, or the United States
sion of ..an attorney or an accredited Supreme Court).
veterans service organization. [Interim In sum, Congress has finally decided to
general rules of practice]. However, it is permit the legal profession and judiciary
not clear whether non-lawyers may of this country to protect the rights of
handle appeals claims in the Court of veterans who have been denied benefits
Appeals for the Federal Circuit or upon under VA law. Such has been accomplish-writ
of certiorari to the United States ed by the creation of the new Court of
Supreme Court. Veterans Appeals and by eliminating the
Fee Limitations: In all cases were a ten dollar limitation on attorneys fees. It
"Notice of Disagreement" was filed with is hoped that these changes will provide
the VA Regional Office before the date those veterans who served our country
of the enactment of the Veterans Judicial with a feeling of fundamental fairness in
Review Act (November 18, 1990 , netflter - the way that their claitm afeiittju cate .
the attorney nor the non-attorney may This fundamental fairness has been long
charge or receive more than a ten dollar overdue to those men and women who
fee paid by the VA Administrator and have fought for their country so as to
deducted from the benefits allowed (38 - preserve such rights of fundamental
U.S.C. SS3402 and 3404 of the earlier fairness for the rest of us.
STLA· Begins
Speaker Series
by C. David Keen
STLA is known to most students as the
organization which presents the "Brown
Bag" Speaker Series. This series is geared
toward enlightening students as to the
variety of career options available to them
upon graduation. Last year, there was an
excellent slate of speakers who addressed
various legal issues while offering down
to earth advice regarding the practice of
law. The 1990-91 STLA Executive Board
has assembled an equally impressive line
up for the Fall. The Spring schedule is in
the works as several well known speakers
are considering making stops here at the
University of Louisville.
Kentucky Supreme Court Justice
Charles M. Leibson kicked off this years
speaker series on Wednesday, October
17th. Justice Leibson, who is up for
re-election this year, took time away from
his campaign and spoke to about 50
students and faculty members on the
importance of proper communication and
preparation to the trial lawyer. Before
becoming a judge, Leibson was a well
respected and high]y successful trial
- attorney. He recounted many of his own
experiences as a trial lawyer which added
life to his lecture and made his point clear.
This year the University of Louisville
Chapter of the STLA is amending its
constitution to broaden the scope of its
purpose to include other major projects.
The main priority is Mock Trial. This
year STLA assisted Professor Cathy
Blackburn with the competition and plans
to assume responsibility for the competi­tion
in a manner similar to the Moot
Court Board's sponsorship of the Pirtle
·washer Competition.
The STLA Executive Board consists of
President Cynthia Orms, Vice-President
Tim Palmquist, Secretary David Keen
and Treasurer Greg Seneff. Anyone
interested in STLA, American Trial·
Lawyers Association or Kentucky
Academy of Trial Attorneys should con­tact
one o.f these officers.
~- -
·Events And· Announcements
This year has been a very successful one On October 19, Sigma Delta Kappa
for Sigma Delta Kappa as far as building volunteered its services to the Louisville
the membership and the execution of Jaycees for Law School Night at the
major fraternity projects. Early in haunted house.
August, Sigma Delta Kappa held its A Christmas party will be held on
National Convention here in Louisville at December 22 at John Lally's house. This
the Seelbach. Delegates from Maryland, will be a pe.rfect occasion to celebrate the
Indiana, Tennessee,· Alabama, Georgia, / graduation of many of our members, the
and California attended. They were end of the semester~ and the holiday
entertained by dinners at Casa Grisanti's, season.
at the Seelbach, and aboard the Star of The officers are currently working on
Louisville. They also enjoyed a trip to Joe the plans for the initiation dinner when
Ley's Antique Mall, sight seeing in our new members will be initiated. This
Louisville, and a dinner dance to wrap will occur early next semester. The follow-everything
up. This was an enriching and ing have been elected as officers of Sigma
enjoyable experience. At the convention, Delta Kappa's Alpha Epsilon Chapter:
2 of the University of Louisville's law Mary Fondrisi - Chancellor, Tom
students were elected to national positions Swicegood - Vice Chancellor, Tom
within the fraternity. John Lally (3e) was Fitzgerald - Treasurer.
elected Grand Chancellor, and Shawn Sigma Delta Kappa is a law fraternity
Herron (4e) was elected Grand Editor. that concentrates on the special needs of
On September 13 the fraternity hosted evening and non-traditional students. All
a party at Moore's Oysters on Preston are welcome to join our organization. If
Highway. This party was successful and you are inter_ested, please contact the
allowed everyone to get together outside officers listed above, or any · other
of class, to relax and meet each other. number, or leave a message in the office
Many new people Joined the fraternity. (Room 082 in the basement).
• •• • • • •
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Chris: Medium Weiaht Sweat In S0/50 Cotton Poly blend. Regular cut with silkscreen
logo. Color red. Sizes S - XL. $20.00 • .
The ABA/LSD intraschool negotia­tions
competition was held on October
6th at 1:00 p.m. at the School of Law.
Participants negotiated one on one,
taking opposing sides to a contract/tenure
dispute. The winners of the intraschool
competition will represent the School of
Law at the regional competition which
will be held at U & L in November.
Professor Ed Render arranged the in­traschool
competition which involved
close to 20 students.
It is the first time that the SBA has
hosted such an event at the School of Law
and it is hoped that there will be a large
turnout. Teams from several states will be
traveling to Louisville to compete. The
winner of the regional competition will
travel to Seattle, Washington in February
to compete in the national competition.
The regional and national dispute
revolves around an issue in employment
discrimination.
The winners in the-intraschool competi­tion
were Teresa Eifler, J. Scott Evans,
Sannie Overly and Derrick Wilson. They
will be paired off into two teams for the
regional competition on November lOth.
• • •
Delta Theta Phi will hold its fall 1990
initiation on Thursday, November 8, 1990
in the Allen Courtroom at 9:30 p.m. All
alumni and members are encouraged to
attend. A reception will follow at Club
Edenside (1610 Edenside). Applications
are being accepted for membership. For
more information, see Delta President
Jennifer Hatfield or Vice-President Dan
Driscoll.
, ,
THE LAW EXAMINER
ENCOURAGES ALL
STUDENTS, FACULTY
AND STAFF TO WRITE
AND VOICE YOUR VIEW
OR OPINION!
SCHOOL OF LAW
SWEATSHIRTS
-MAKE GREAT
CHRISTMAS PRESENTS!
CALL THE SBA OFFICE AT
{502) 588-6398
OR WRITE TO ORDER
IN TIME FOR CHRISTMAS.
PLEASE INCLUDE $5.00
SHIPPING AND HANDLING.
. . The Sports Page
The Law School champion third year football team.
by David Strite
Sports Editor
The annual ABA/LSD flag football
tournament took place again this fall.
Following the traditional format, the first
year team played the second years, with
the winner going on to face the third year
team. •
In the opening game, the first year team
edged out a scrappy, but clearly physically
inferior second year team. The first ·year
offense consisted mostly of quarterback
Craig Hawley dropping back and
launching bomb after bomb to his very
speedy receiving corps. Gary Shaft (lL)
made a spectacular touchdown grab in the
first half to get the first year squad off
to a lead that they would never relinquish.
The first half ended on a play that ·
many observers compared to Franco
Harris's immaculate reception. Hawley
tossed a Hail Mary to the end zone, which
was touched by four people before
landing in the hands of the first year
flanker.
The second year defense did tighten up
a bit in the second half. Cathy Tang (2L)
was an instrumental leader in a furious
pass rush, which forced Hawley to
constantly leave the pocket and hurry
throws. However, the second year offense
never really clicked and the first year team
advanced into the championship game.
In the finals, the third years won their .
first championship in three attempts by
nipping the first years in overtime. The
third years, as usual, looked to Billy
Haynes to le~d the team on both sides of
the line of scrimmage. He quarterbacked
the team to all of their offensive scores
and was a force in the secondary on
defense, breaking up numerous first year
pass plays. He returned a first half kick­off
the length of the field for an easy
touchdown. He even had time to do a
- post-game endorsement for the Granville
Inn. Bill knows.
The regulation time ended with the two
teams deadlocked. Unfortunately (or not)
the established game rules had not been
located by tournament organizer Finn
Cato (3L) before the game. With much
appellate flavor, many rule interpreta­tions
were decided on the field. Professors
Cross and Nowka, posing as an
officiating crew, let many of the calls go
to oral argut.nent. This gave a distinct
edge to the third year team, who have had
Trial Practice (GPA booster? •.. check the
grade profile in the library) and Evidence.
After hearing both sides, the officials
opted for the standard "four downs to
score!' method of resolving the tie.
In the overtime period, the first years
failed to score on their possession. A
crucial fourth down pass went through
the hands of a clearly wide open receiver
who will remain anonymous at this time.
(Oh well, most people have forgotten
about Jackie Smith dropping the ball that
cost the Cowboys the Super Bowl.) The
third years scored on their second play in
overtime. Tailback Chris Klein took a
sweep wide for the five yard score to win
the championship.
The Granville Inn was on hand to
televise the final game. Charlie Highland
did the play-by-play and Jack Goins (2L)
handled the color commentary. After the
game, the SBA sponsored a post-game
party at the Granville and the taped delay
broadcast was aired.
• • • • •
In soccer news, the Pro Bonors
participated once again in the outdoor
season in the graduate mens open "A"
league. Despite never winning an outdoor
game, the team had high expectations
going into the season. The Granville Inn
was so impressed with ~he team's
improvement over the summer that they
decided to sponsor the team. The bar
picked up the tab on the new uniforms
·(designed by team organizer Ken O'Brien,
2L) which were provided to the team and
many of the faithful Bonor supporters at
no cost.
· The regular season consisted of a
forfeit victory over the dental school
team, and two games with the Bonors'
arch nemesis, the Arabian Knights of the
United Arab Emirates.
The first meeting ended up with the Pro
Bonors on the short side of a 4-2 score.
In the second game, the Bonors roared
back from a 2-0 half-time deficit with a
last minute goal by outdoor player I coach
Dan Driscoll (3L), knotting the score at
two. Neither team scored in the overtime
and unfortunately the game went to a
shoot-out. In the shoot-out, the Bonors
failed to convert on two of their kicks
while the "Knights" had little trouble
knocking in all five.
The team did qualify as the last seed of
the play-offs (remember the forfeit
victory counts). Once again the dental
school failed to show, so the team
qualified for the championship..game.
Oddly, the championship game was
against the Arabian Knights. The Bonors
went into the final game with an 0-4
lifetime record against the Knights.
Despite playing as the overwhelming
underdog, the team had high hopes based .
on the close loss in the last meeting.
Unfortunately, the regular period ended
in a 0-0 tie, and neither team could score
in the overtime period. Once again the
game came down to shoot-out; again the
Bonors came up short. The team failed
to convert--on two of its kicks and goalie
David Strite (3L) failed to stop any of the
Knights' attempts.
The fall did bring a huge victory for the
ever-improving soccer team. The medical
school challenged the team to an indoor
match at the Mockingbird Valley Soccer
aub. The match was set up by a few med
students that frequently study in the law
library and got sick of hearing people talk
(continued on page 8)
. " •• · , .. • • •' .'1 Career Night . A Big . Success
by Hal D. Friedman
Associate Editor
On Wednesday, September 26, 1990
the Law School once again sponsored its
annual Career Night. Forty five legal
employers from all over the state were
invited to share with -students their
experiences in different areas of the law.
Career Night affords students an excellent
opportunity to find out what it is like to
work for a particular employer, how a
lawyer in a specific field typically spends
the day, and what law students can do to
enter a specific field.
The evening began with .a reception and
dinner at the Grawemeyer Building to
welcome all of the attorneys who partici-""""
pated in the program. Dean Don Burnett
began the dinner with a speech which
emphasized his appreciation to all of the
participants and stressed his strong com­mitment
to furthering the University's
reputation as an nationally recognized law
school. The evening then continued at the
Law School wpere each attorney was
assigned an office to receive and answer
guestions from students interested in their
particular area of the law.
Phyllis Leibson, Career Placement
Counselor and organizer of the event,
said she felt this year's Career Night was
particularly successful. For one thing "we
had many more first year students turn
out than in the past, and I feel this really
gave them an opportunity to see what
they can do with a legal education." Also,
"we really had just about every area of
the law represented fr.om,AntitrU£t Ul
iegal Aid.'' Nits. Leibson said that she
has since received many letters thanking
her for the opportunity to participate in
the program, and expressing considerable
interest in the University's students.
Potential employers came to the School
of Law from virtually every major city in
Kentucky, including Lexington, Ashland
and Frankfort. This years turnout was
approximately 250 students, one of the
largest ever, with each attorney meeting
on the average about six different
students.
Special thanks are in order to Jan
Konstanzer, Mrs. Leibson's Career Place­ment
Assistant, and to the many students
who pitched in to make the evening a
success: David Spenard, Christi Gill,
Cathy Tang, Hal Friedman, David Lee,
Kris Phillips and Susan Wagner.
Finally, the Law School wishes to
thank each and every attorney who came
to Career Night for volunteering his or
her time in an effort to afford our
students a look into thier professional
careers. Many thanks to: Jessica
Schumacher from Liberty National Bank;
David Luken from Bank of Louisville; J.
Rick Jones of the Ky. Dept. of Financial
Institutions; Rebecca Clark from Profes­sional
Banking Service; Peggy Von Werdt
from Wyatt Tarrant & Combs; Joe
French from the law department at
' Ashland Oil; Steve Spalding from the law
department at Valvoline Oil Co.; Larry
Amos and Louisa Hall from Brown and
Williamson; Laurel Fuson from the legal
department at Capital Holding Corp.;
Patrick McElhone from William M.
Mercer, Inc.; Creighton E. Mershon, Sr.
from South Central Bell; Tom Fitzgerald
from Kentucky Resources Council; Carl
Platt, Dept. of Army Corps of Engineers;
Scott Cox from the U.S. Attorney's
Office; Joe Smith from the FBI; Herbert
Ransdell, III from the Health and Human
SeiJlices Office of eacings & Appeals;
D. Lyndell Pickett from the IRS; Jack
Hanley from the County Attorney's Of­fice;
Bonnie Biemer, Director of the Law
Dept. for City of Louisville; John Stewart
and Glenda Bradshaw from the Com­monwealth
Attorney's Office; Michael
Meeks for the Legislative Research
Commission, Frankfort; Trisha Zeller
Photo by Marcu J•ckobso•
Students discuss job opportunities with employers at last month's Career night.
James from the ·cabinet for Human
Resources, Frankfort; Walter Bedford
from Kentucky Labor Cabinet, Special
Fund; John Gillig, Director of Criminal
Appellate Div ., Office of the Attorney
General, Frankfort; Rob Eggert and. Lea
Smith from the Public Defender's office;
Lisa Mattingly from Legal Aid Society;
Jessica Swim, Jewish Hospital; Joe
Fowler, Staff Council; Kentucky
Supreme Court, Frankfort; John B.
Southard Jr. from U.S. Air Force JAG;
First Lt. Jay Johnson, U.S. Marine
Corps; Dan Hardt, Prudential'Insurance
Co.; H. Neil Houser from General
Electric Co.; James Higgins of Middleton
and Reutlinger; Michael Hatzell; Jphn
Selent from Hirn, Reed, Harper and Eis­inger;
Philip Chance from Map9~~ and
Mapother; J. Christopher Sanders, Segal,­Isenberg,
Sales Stewart and Cutler;
Michael Hance from Franklin and Hance;
L. Jude Clark from Greenbaum, Boone,
Treitz, Maggiolo and Brown; James C.
Stone, III from Hillard Lyons; Louis
Waterman from Goldberg and Simpson;
Mark Blayney from Deloitte Touche.
The Family And T~e Law
(continued from page 2)
To the degree that we rely on the siate
to protect family members from family
members, with spousal rape now espous­ed,
are we going to reach the situation
where parents sue children for leaving a
roller skate on the stairs? If Johnny can
sue his mother for a spanking, can .his
mother sue Johnny for tripping over the
laundry basket, and get a lien against him
for the rest of his life? You see, this could
be reduced to an absurdity and a complete
free-for-all.
Reproductive rights were once con­sidered
legally sacred. Reproductive rights
are not just the rights to have intercourse,
but the right to raise a child. Has the
preSumption of love and protection in the ·
family become so unrealistic that it has
gone out of the window? Have we
become so materialistic and narcissistic in
our objectification of people that we no
longer form bonds?
The best form of government is a
"benevolent dictatorship," ·where ''Big
Daddy" takes care of everything and we
can trust Big Daddy to do right. But we
know from personal experience that Big
Daddy doesn't always do right, and that
he who pays the piper calls the tune. We
also know that rescuers become
persecutors. And when they rescue it is
only from their own anger toward the per­son
they are rescuing. So in this caretaker
society we're going to see a lot of abuse
in the rescuing process itself. And we' have
to ask ourselves whether the price paid in
rescuing the abused child, the way we are
doing it now under the law, is worth the
candle of the abuse that the child will find
in the hands of the system.
The law can be a logic unto itself. And
legal logic is like a zipper. Once you start
it down a little bit, "the fly is all the way
open." We have seen that with the
abortion issue which has matured (or
regressed, as the case may be) into the
living will and the right~to-die cases now
before the Court. Where will child abuse
and spouse abuse solutions lead us? As
an ominous. note, I believe they will lead
us towards tests for parenting, where
reproductive freedom is no longer a fun­
·damental right. r ·.believe it will lead us
toward a system where, in the face of
abortion and birth control pills, sexual
freedom will be permitted, but repro­ductive
freedom will not be. This view in
terms of where I think the society is going
deserves consideration as a possible result
when we pursue child and spousal abuse
in the family setting with a legal
approach.
Ultimately, balancing is necessary.
Balancing the rights of the individual
against the rights of the state. I do not
know any legal system that appropriately
balances. A system outside of. the legal
system to handle these cases that have to
do with abortion, right to die, euthanasia,
and child and spouse abuse would be
desirable. The criminal law is no remedy.
A child who is abused may be angry at
his parent abuser, but I don't think he
would want the abuser in jail, anymore
than I think the child who doesn't get
child support profits from the incarcera­tion
of the defaulting parent.
_A new system is absolutely necessary to
provide responsibility for the family
within the family, not outside the family.
A society where we terminate parental
rights or remove children from the home
is just as sick as a society in which we have
the kind of abuse that we are trying to
correct today.
Do You Have Something
You Want The Entire
Law School Community
To Know About?
If So, We Want To Help You Get
The Word Out! Give Us A Call
Or Drop Us A_ Line At
THE LAW EXAMINER
588-6399
Disabled St-udent Attacks ''Mental Barriers''
by Harry B. O'Donnell, IV
The first semester in law school
requires that any student be prepared to
overcome numerous adversities. For
Charles T. "Chuck" Rogers, Jr. a first
year student in this years evening division,
the challenges are bigger than ever.
Rogers, a native of Louisville, original­ly
enlisted in the U.S. Air Force after he
graduated from Southern High School in
1979. He became a specialist in electronic
systems for F -111 aircraft and was
stationed at Mountain Home Air Force
Base in Idaho. On October 18, 1981 while
traveling off the base Rogers sustained
serious injuries in an auto accident. As a
result of that accident he lost the use of
his legs and a good part of the use of both
of his arms. ·
Fortunately Chuck has the help of his
Veterans Administration benefits to
enable him to put his life back together.
Initially Rogers underwent some nine
months of rehabilitation at the Jefferson
Barracks VA hospital in St. Louis,
Missouri. Chuck learned to use his arms
and hands as much as possible, how to
get around with the aid of an electric
wheelchair and even learned how to drive ·
again (though he was initially reluctant to
reapply for his drivers license). The Air
Force subsequently evaluated the
seriousness of Rogers' injuries and
granted him a retirement including
pension benefits in 1982. ·
Following his r~turn to Louisville,
Rogers took advantage of his VA benefits
and enrolled at the University of
Louisville in 1984. In order to make it
easier to attend classes and with the
encouragement of his friends and family
Chuck started Clriving again in 198S. He
was able to obtain a grant for a specially
equipped Ford van with a side liftgate and
special controls.
In an interview, Rogers indicated that
he has not had any trouble at all with his
driving and really enjoys the extra mobili­ty
it has given him. He currently parks his
van in the reserved area on the far side
of the Quadrangle from the law school ·
and runs his wheelchair around the
sidewalk and up one of the ramps.
The ramps that Rogers uses were added
to the law school along with an elevator
and wheelchair areas in some classrooms
when the new addition was added to the
school in the early 1980s.
Chuck indicated that he believes he is
the first student that uses a wheelchair on
a daily basis that has attended the law
school since these new facilities were put
in. While wheelchair access at the law
school is generally good, Rogers feels
there are a number of imprQvements that
still need to be made. Some of these
changes are simple while others are more
complicated and expensive.
The law school has been very re~pon­sive
to Chuck's comments thus far. A
simple change was to trim the skirting
under some of the tables in the law library
computer lab and mark the area f_or
wheelchair accesss. This enables someone
in. a wheelchair to position the chair com­fortably
in front of the computer
keyboard.
A more expensive improvement that
Rogers would like to see is the addition
of at least one automatic door to the law
scho9l to make it easier to get in and out
of the building. Chuck believes U of L has
been very responsive to qutet diplomacy
by himself and other students in
wheelchairs in developing a plan that has
already added automatic doors to several .
major buildings on the Belknap campus
including Extrom Library, Davidson
Hall, Strickler Hall, The School of
Education, and the School of Business.
During the time that Rogers was
enrolled as an undergraduate student at
U of L he served as chairman and vice­chairman
of SGA's minority project
committee. As a member of that commit­tee,
Chuck was instrumental in
convincing the university administration
to equip the newly completed Student
Activities Center (SAC) with fully
automatic doors for wheelchair access.
Rogers pointed out that the original
designs for the SAC called for special
·light-weight extra wide manual doors for
wheelchair access. In light of the
comments of Chuck and other members
of the committee it was determined that
fully automatic doors would provide
. much better access for someone in a
wheelchair. While the design of the SAC
was changed to include the fully
automatic doors, the redesign away from
the manual doors added extra costs to the
project. Rogers noted that this sort of cost
could be avoided in any project by seek­ing
input from people like himself that
have to use a wheelchair on a daily basis
before the design is created. Chuck feels
that these sort of design problems perhaps
result from mental barriers that able
bodied people have in their minds that
prevent them visualizing the problems
that someone with a physical disability
lC
must overcome. He believes that a key to
allowing disabled people to contribute
fully to our society lies ·in getting able
bodied persons to tear down the mental
barriers as well as the physical barriers
that lock out someone in a wheelchair or
with any other type of disability.
·Chuck Rogers notes that there are
many people who operate as students,
teachers and in a wide variety of other
jobs every day with a physical disability.
However, most of us tend to overlook a
lot of these disabilities. It is only when we
see someone like Chuck coming at us in
his electric wheelchair with his clearly
disabled arms that we take cognizance of
the barriers that can artificially limit the
talent and usefulness of a physically
disabled person. Chuck Rogers is fully
cognizant of the fact that his appearance
alone is a powerful message to people
about physical disabilities and limited
access .
While he was completing his degree in
Psychology, cum laude, Rogers consulted
his friend Bill Cox who then ran U of L's
office of Special Student Services regard­ing
how one could best work to tear down
the barriers that limited the access of the
disabled in the real world. Bill Cox told
Chuck that the best thing he could do
would to be as Chuck puts it: "To go to
law school, know law, how to apply it;
how to fight for issues." Following Cox's.
advice Rogers took the LSAT last
September and was accepted at the law
school In February. .
Chuck Rogers has had to adapt to more
than just the wheelchair access problem
in attending law school. Because he has
limited use of his arms and hands he has
to get his thoughts on paper a bit
differently than most law students. For
his written assignments Chuck uses a
personal computer with a normal
keyboard. By attaching a pencil to each
of his hands with velcro strips, Rogers is
able to type up his legal writing
assignments. For class notes and e)!:ams
the U of L office of Special Student
Services furnishes a writer (an
undergraduate student with absolutely no
legal training) to take down what Chuck
dictates.
Rogers was interviewed for this story
nine years to the day after he suffered the
accident that put him in a wheelchair. He
was to receive the results of this first exam
back ,that evening. Having completed
about ten weeks of law school Chuck had
the f<>llowing impressions: 1) law school
is a lot of work, 2) you really have to
apply yourself to do well in law school,
3) law school is like a mental roller
coaster; one is constantly torn between
the desire to be a good lawyer and the
constant stress and burden of legal
studies. Overall however, Rogers is very
much an optimist about attending law
school "We're all here on earth for a
reason, we need to enjoy life, make the
best of our situations, make a mark on
society." For anyone who thinks that the
first year in law school is tough, the
attitudes of Chuck Rogers can only be an
inspiration.
Fall Sports
(continued from page 5) ·
about Bonor games while they were trying
to read. The law school came out on top
by a score of 3-1.
The annual Student Bar Association
fall golf scramble was held again this fall
at the Sun Valley Golf Course. The noon
starting time proved to be a tad early for
a few that were scheduled to play, but the
overall turnout was better than expected.
A total of nine teams, which consisted of
3 alumni, 31law students (only one first
year), two girlfriends, 2 of Chris Klein's
buddies from high school and.2 represen­tatives
of the Granville Inn, battled it out
in the traditional scramble format.
The tournament turned out to be a two­team
race. In the end, the team of Jack
Goins (2L), Brent Hall (3L), John Grieve
(3L) and Phil Blackmar (2L) came out on
top after posting a score of 4 under par.
The Bruce Blythe (3L), DustiD Meek (3L),
Joe Howard (2L) and David Dupps (3L)
team also posted a 4 under par score, but
lost the title on a match of cards. The next
closest team came in at even par.
Karen Keith came in with the low score
posted by a first year. Tom Scweitz, a
1990 graduate, posted the lowest alumni
score, while Charlie Highland came in
with the low score in the Bartender
Division. The remaining seven team
scores were never completely calculated,
but a good time seemed to be had by all.
Also, the SBA organized a trip to
Riverfront stadium to see the Cincinnati
Reds play the San Diego Padres. The
•
SBA provided a chartered bus and tickets
for a modest price of $15.
The bad news to report from the trip
is: the Reds lost, it rained, only nine
people showed up (there was room for
40), I lost my sunglasses and we had to
see Reds owner Marge Schott do a
celebration dance with her dog.
The good news to report from the trip
is: the Reds clinched the division because
the Dodgers lost during the rain delay, the
rain delay occurred before they quit
selling beer, there was plenty of room to
stretch out on the bus, they were my "")
roommate's sunglasses and it rained on
Marge Schott.
The outing was organized by third year
Dan Oyler who deserves to be
commended for two different reasons.
First, he had the foresight, in the middle
of the summer, to pick a day when the
Reds clinched the division. Also, he
unloaded the 31 unused tickets through
the bus window as the bus was parking.
This possibly could be some sort of all­time
scalping record.
During the fall Homecoming
celebration, the law school sponsored a
lOk race around the Belknap campus. The
"Dean's Challenge" was opened up to
alumni, faculty and students. The overall
low individual score in the law school
division was turned in by first year Bill
Oldham.
An alumni team from Wyatt, Tarrant
and Combs took first place in the law
·school team competition. The Bill
Oldham (1L), Louis Rom (IL) and
Charlie "The Tortoise" Schissel team
were first in the law school student
division (second overall). Second place in
the law ·student 'division was arabbed by
the David Dupps (3L), Mike Kithchen
(3L), Chris Klein (3L) and Patrick
Donovan (3L) team. J. Scott (2L), John
Grieve (2L) and ,Ken O'Brien finished
third. The first place faculty trophy went
out to Ronald Eades, Tom Blackburn and
Dean Don Olson.
Tailgate Review - With six home
Cardinal football games this season, there
was plenty of opportunity for law school
tailgating before and after each Cardinal
victory. The SBA and the Delta Theta Phi
law fraternity alternated planning each
tailgate party. The SBA's parties were
organized by Dan Oyler and Chris Klein,
whereas the Delt's were organized by
Chris Klein and Dan Oyler.
Both Klein and Oyler stressed the
importance of the small details that are
essential to a successful tailgate party.
Oyler stated that early arrival at Cardinal
Stadium was the key to obtaining the
most scenic location to set up the SBA
flagpole. This created a central gathering
point for all law students and guaranteed
plenty of arguments and legal discussion.
Klein's hints for a successful tailgating
party centered more upon the food and
Louisville Law Examiner
School of Law
University of Louisville
Louisville, Kentucky 40292
beer selected to be served. Instead of
getting the usual hot dogs and potato
chips, Klein selected bratwurst,
sauerkraut and hard pretzels with hot
mustard. This add.ed a hint of
Straussenfest to the party.
As for refreshments, both Klein and
Oyler provided a variety of beverages and
soft drinks to those attending. "Usually
people drink whatever is cold," said
Oyler, "so we always try to buy as much
booze for the buck as possible."
The SBA is planning the last tailgating
party for the Boston College game on
November 16. Look for the flagpole
proudly flying the red School of Law flag
and stop by for the late,st gossip
concerning the school.
The sporting events at the School of
Law were numerous this year and the
participation by the students was at an all­time
high. This winter there are several
law student teams scheduled to play in the
intramural basketball and volleyball
leagues. Also, the SBA is currently in its
planning stages for the Second Annual
Ski Trip. Student enthusiasm for this trip
has been overwhelming. Reports of those
events will be featured in the next issue.
Non-Profit
Organization
U.S. POSTAGE
PAID
Permit No. 769
louisville, KY
John M. Harlan Louis D. Brandtis • .
. t{il- .•
Louisville~\-·---
Law Examiner
Volume 16
Attorney General
Thornburgh
·Speaks
A.t U Of L
Page 1
Pirtle-Washer
Moot Court
Competition .
Winners
Page 1
Should
First-Years
Have Midterm
Exams?
Page 2
Cover Photo:
Fall Foliage
Provides
Beautiful
Backdrop For
The Law
School
~ ovember, 1990 Number 2
\
Photo by Frank Dempsey