|
small (250x250 max)
medium (500x500 max)
Large
Extra Large
large ( > 500x500)
Full Resolution
|
Louisville Lawyer Published by The University of Louisville School of Law VOL. XII LOUISVILLE, KY .. DECEMBER, 1966 No. I Pictured above are team members Don Heavrin (le ft ) and Vincent Aprile, Jules Lloyd was absent when picture was taken. Law & The Great Society: LEGAL AID OR JUDICARE? By Charles Chaney The Office of Ecorromic Opportunit) Legal ·ervice Program has won indorsement of the American Bar Association. The Louisville Bar Association has reque ted a grant from the O.E.O. to upport a judicare experiment here in the city. The enate has been asked to appropriate 0\'er fiftymillion dollar for legal aid to the indigent. In a country where one-fifth of the population is cia ilied as poverty triken, and unable to obtain legal counsel, the need of legal assistance is evident. There have been two major approaches to solving this need. One has been the legal aid societies. Their approach has been to establish neighborhood law offices and hire full-time counsel to staff them. Because of their location, the legal aid societies are able to not only supply counsel to those in need, but can inform those who never have had an opportunity to deal with an attorney about their legal rights. The attorney who specializes in this field becomes familiar with the needs of the poor and becomes more adapt in handling those types of cases. Last year the Legal Aid Clinic in Louisville, had 5,500 persons ask for help. Of these, approximately onefifth were assisted in legal matters. The guidelines for determining eligibility vary somewhat. However, these two considerations are foremost: ( 1) Whether there is a chance that a contingent fee could be arranged so that the case could be handled privately; and ( 2) the indigent person must make less than fifty dollars per week. The Society does not handle criminal case . Defenses are in civil matters, mostly in controversies in magistrate courts, in addition to some probate and guardianship matters. The second approach, which now is on a trial basis, is Judicare. Its operation is similar to the English System which has been in use in that country for several years. Under the plan an eligible client must apply for and receive a "Judicare card." He then can present the card to the lawyer of his choice and obtain the needed legal services. In tl1e Wisconsin Judicare experiment the attorney may be paid up to eighty per cent of the recommended minimum bar fee or $300.00, whichever is less. The most a lawyer may receive during a twelve-month period is three-thousand dollars. Under Judicare the individual would be able to select an attorney in the same manner as a paying client. The program would be more economical in smaller communities and rural areas where a full-time legal aid staff could not be used efficiently. Both programs are not without criticism. Legal aid centers tend to be- MOOT COURT FINALISTS WIN REGIONAL; NEW YORK NEXT On November 17, 1966 the University of Louisville School of Law sent a three man team to Lincoln Nebraska to compete against eleven other schools in the Regional Finals of the National Moot Court Competition. For the second time in the history of the school the team emerged victorious, and will now travel to New York in mid December to compete in the ational Finals against twenty one other schools. Student Bar Assn. Plan Activities As another school year gets under way, the executive committee of ilie SBA has started making plans to provide you wiili co-curricular activities to supplement the legal education you are receiving in the class rooms. The school year started off with the SBA sponsoring orientation week for new students. New students were enlightened during iliis week as to the student organizations of ilie law school, how to brief cases, and what outside information was available to law students with recommendations as to ilie information students s h o u 1 d use in succeeding in law school. Orientation week was capped off wiili a play ilie "Caine Mutiny Court Martial." All of the members of the cast were fellow students. The convocation committee has already started work on ilie speakers program for the coming semester. Two of these programs have already .been presented. The first one consisted of speeches from the candidates for Congress from ilie Third Congressional District of Kentucky and ilie second program was a speech by the President of ilie American Bar Association, Orison S. Marden. More programs are (Continued on Page 3) come isolated parts of ilie profession and tend to remove themselves from the mainstream of ilie law. Judicare is attacked on ilie grounds iliat since most law offices are located in areas away from ilie poor, legal services are inaccessible because the poor have been found to be highly immobile. Attorneys in private practice are generally not experienced in the technical areas of the law wherein the poor must frequently encounter difficulty. Of tl1e two systems, ilie neighborhood law office seems to be the better choice. It is more easily adapted to the use of professional investigators, social workers, and rehabilitation experts iliat assure maximum efficiency in use of ilie lawyer's ·time. This year marked the Seventeenth Anniversary of the National Moot Court Competition, and the inauguration of a new school policy of giving scholarships to the three local winners. The problem that was argued dealt with whether a state statute that established a warrant procedure for the installation of electronic listening devices was constitutional. In the case the mythical state of Erewhon passed a statute that authorized state officers to install electronic evesdropping equipment if there was probable cause to believe that a crime had been committed. Pursuant to this statute, the police obtained a warrant, entered the office of a bribery suspect, and planted a recording device. At the trial the recorded conversations were introduced into evidence over the objection of the defendant, and he was convicted. On appeal to the United States Supreme Court, the Appellant claims that his First, Fourth, Fifth, and Fourteenth Amendment rights under the Constitution were violated. The judges for the final round of the local competition were Judge Paul Keith, Robert Metrey, and Robert Hastings. Mr. Heavrin, who represented the University of Louisville in last year's regional tournament, and Mr. Aprile won in the final round. Mr. Lloyd, who was the champion in 1964 finished third and was ilie team alternate. In the National Competition tlle Law School drew a bye in the first round. In ilie second round, iliey met a tough University of Ceighton team, and lost ilie oral argument on a split decision. However ilieir brief score was higher ·tllan Creighton's which gave iliem more total points, and advanced them into ilie semi-final round against the University of Kansas. In this round the Law School faced an up hill battle because Kansas had produced a slightly better brief. However the team won ilie oral argument by enough points to off set ilie brief score, and advanced to ilie final round against St. Louis University. In tllis argument ilie team not only won the brief score, but rolled over St. Louis in ilie oral argument and won the Regional Finals by more ilian twenty points. In ilie last round, Aprile was awarded ilie trophy for outstanding oral argument. Two THE LomsVJLLE LAWYER Erona The Editors ~ Desk THE NEED IS NOW In this column last year the question was asked whether the University of Louisville Law School was overcrowded. A year later and with approximately seventy-five more law students enrolled the answer is definitely in the affirmative. There is currently a desperate need for new facilities. A good illustration of this need is the present Junior and Freshman classes. Both classes are over one hundred and because of this number the regular classroom~ are not large enough to accommodate the students. Thus, many of their classes are held in the Allen Courtroom, a beautiful law school courtroom but not suitable at all for a classroom. t one point last year there were only two classrooms for three classes. Until very recently the faculty had to share offices and only by converting a classroom into office space was this problem alleviated. There is no official student lounge unless you can call two couches and a table with four chairs in the middle of two classrooms a lounge. Then there is the library. The library is composed of three rooms including the librarian's office. With classes of one hundred or more in the Junior and Freshman classes and with fifty in the Senior class there sometimes is difficulty finding a place to sit. And an time you try to fi!ld a reporter, you must ask someone to roo e their chair up to allow you to slide b and find your book. Another frustrating aspect of the 193 Law School Building is the lack of room for student organization. The Family Law Journal is the only present organization that has an office of its own and it i not large enough to have meetings in. The staff members of The Louisville La\ er meet in whatever clas room is available. Becau e of thi cramped atmo phere there has been no way for the tudent Bar Association, The Louisville Lawyer and the fraternities to keep an accurate record of past affairs. There is growth all over the University of Louisville campus, particularly in the medical and dental schools. Yet there has not been a change in the structure of the Law School since 1938. Granted, a new wing has been planned but it has been so for years. The Board of Trustees must be aware of the predicament the Law School is in. We are bulging at the seams. Schroer et al. v. S. B. A. On September 16, 1966 one, Dave Schroer, under threat of being denied a vote in the Student Bar Association, paid to the treasurer of this organization his $3.00 dues. Schroer, a freshman law student, then began pleasantly asking various upperclassmen what the S.B.A. did. The answers he received ranged from the gentle shrug of a seasoned senior, to the ripping cynicism of an out-raged junior, to the careful denial and avoidance of a prominent officer. ow, after extensive research on the topic, Schroer brings a constitutional case before the Student Bar Court. The plaintiff Schroer will probably establish 'standing to sue" by declaring that he is a representative of the student body as a whole, who has suffered a real monetary injury by being taxed by a dormant organization. In addition, Schroer is expected to demand that further relief is due him from the severe loss of reputation that he has suffered from being represented by such an organization as the S.B.A. Schroer will probably attempt to prove that the S.B.A. has not (Continued on Page 4) The Dean's Corner by James R. Merritt In 1784, Judge Tapping Reeve, a Connecticut lawyer, founded the first law school in the United States. In some ways this Leitchfield School was the first attempt at the systematic teaching of law anywhere in the common law world. Previously lawyers were largely self-taught or came to the profession from the ranks of articled clerks. Although the clerk of a busy practitioner knew intimately the workings of the law office from the first visit of client to the final billing and although the clerk often knew his way around the court house his theoretical knowledge was often sketchy and sometimes shockingly incomplete. From the beginning, the superiority of the systematic training of the Leitchfield school was apparent in actual competition at the bar. Out of some 900 men who eventually graduated from the school, 28 became United States senators, 101 members of Congress, 34 State Supreme Court Justices, 14 Governors of States, 10 Lieutenant Governors, 3 Vice Presidents of the United States, 3 United States Supreme Court Justices and 6 members of the cabinet. It was not long until law schools were established within the major universities. Although training by clerkship and self-study lingered on for many years they have now ceased to be avenues through which students may enter the legal profession. Almost everyone recognizes some virtue to legal education within a community of university scholars but there is a persistent and somewhat unsettling notion that somehow the emerging law student lacks "practicality" and upon emerging from the sheltered confines of the law choolis JlQt qualified .lor immediat practice. There is much truth in this statement but the difficult question is when and how this "practicality" should be acquired. Although I believe that the practical aspects of a lawyers education are readily acquired after formal training, the question must be faced how the transition from law school to law practice can best be accomplished. New Jersey experimented with a compulsory clerkship program which proved unworkable. Other states have tried similar ventures. Many schools have "practice" courses. Indeed our own experimental Saturday seminars give great promise of establishing a beneficial dialogue between student and practitioner. A summer internship may give a useful glimpse into practice. Perhaps there is no single way of transition which is demonstrably superior to all others. Are there some ways of acquiring practicality which are clearly pernicious? It would seem wrong to regress completely to the old clerkship system and even a partial retreat is not without danger. One thing which seems clear from (Continued on Page 4) Q!q.e illnuisuill.e 11Ja:wy.er Published by the University of Louisville School of Law Student Bar Association two times a year for School of Law students, faculty, and alumni. This issue is mailed to the Kentucky Bar Association members. Editor-in-Chief .............................................................. ...... Eugene L. Mosley Faculty Advisor ........ . ........ ............................................ W. Scott Thompson Assistant Editor ........................................................................ Donald Heavrin Placement Editor .................................................................... George Walton Feature Editor .............. ........... .................................................. Allen Farber Circulation Editor .................................................................. Charles Chaney Reporters ...................................................... Burt Deutsch, Thomas McAdam THE LoUIS\'lLU: LAWYER LOUISVILLE ATTORNEYS VIEW Painter vs Bannister The Iowa Supreme Court in its decision February 6, 1966 gave cu tody of an eight year-old boy to his maternal grandparents agajnst the wishes of the boy's father. On November 14, 1966, the upreme Court of the Urnted States refused to review the decision. ~1r. Ralph H. Logan and Mr. James A. Hubbs, members of the Louisville Bar, discuss the pro and the con of the Iowa Court's decision. PRO belie,·e the Court was right. \ hen this child came to the Bannister home, he was disoriented and ill-disciplined. But the love of a dependable, stable and well-educated home in a mid-we t community, afforded marked improvement and fmther provided a solid foundation for opportunity, security and moral development. His grandfather became the "father-figure" a child so desperately needs. The romantic Painter home offered boundless freedom of conduct and thought, and would be more exciting and challenging, lacking in dependability and stability. The agno tic father had roamed the country as a writer of sorts, from one job to another, offering dreamy alibis for his obvious mediocrity. His insatiable des ire to be an individualst cannot be categorcally criticized; however, the Court found that this Bohemian character ( California vintage) was just a little too "far-out." For instance: Before his wife's funeral, he moved the casket to the basement and conducted a service with noboby else present. Later, he attended the customary funeral in a sports shirt and weater. For a seven-year-old child, the Court found that stability and security are far more important than intellectual stimulation. The two environments are obviously poles apart. To uproot this child from a table and dependable atmosphere and transplant him to an uncertain and artificially strange surroundings would jeopardize his delicate personality for a lifetime. Whatever the rights of the natmal fatl1er may be, the child has a far greater right not to be moved around as a pawn in a chess game and subjected to the whim ical change of either party to his everlasting detriment. And our Courts should protect that right. - James A. Hubbs CON Painter v. Bannister 0 0 0 0 has moved it eli into a position with great deci-ions in history, although bad. The recognized custody of a child is with its mother against most odds. Fathers, under this case, seem to be less important. The mother of .Moses, for reasons unknown to history, parted witl1 her son, and he arose to great heights under the care of a foster parent, and is known to us all only by the intervention of Almighty God. STUDENT BAR ACTIVITIES (Continued from Page 1) being scheduled and if any of you that you will only contact those perhave suggestions for a convocation sons representing fields you are parthat law students would be interested ticularly interested in. in, contact Tim Dorch, Chairman of The Social Committee has made ilie C~nvocation Committee. . plans for the Annual Fall Semester Drn:mg the summer .ilie library dinner-dance. This was held Saturday, committee undertook getting the stu- December 3 1966 at Stauffer's Inn. dent bar typewriters in the reference ' room of the library cleaned and re- As stated earlier, ilie SBA is a co-paired. curricular organization. We are al- The placement committee is busy ways looking for projects to enhance working on a program for Monday your stay at ilie law school. If any of evening, December 5, 1966. This pro- you have any projects that you feel gram will consist of having attorneys might fall within the scope of the from every branch of ilie legal profes- SBA feel free to contact me or Joe sion in and having tl1em available to Golden, the Vice-President of the discuss wiili us their particular field. SBA. These attorneys will be assigned to different rooms in the law school so C. G. Lamb President, SBA Mr. Ralph H. Logan Solomon made a judicial determination of custody without the benefit of a psychiatrist and established what mav be considered the natural law of child possession. Apparently, even the State of Iowa recognizes the presumption of parental preference by statute. Its highest Court has now established the doctrine of the "father figure" and ilie "biological father." The Court adopted what is an accepted principle on the question that the "primary consideration is the best interest of the child." The Court has substituted for the established, traditional and proven Finciple of law the metaphysical opinion of a psychologist, a recognized uncertain field of medicine. The Court by its own statement placed a "great deal of reliance on the testimony" of a child psychologist. Whether or not the child psychologist is the same person described by the Court as tl1e psychiatrist who examined ll'!r. Painter, is not shown; however, the reasoning given causes it to appear iliat they must be two different people. The statement attributd to the psychiatrist in describing P a i n t e r stated "the philosophies of life are entirely different," and in speaking of the difference in the ways of life between Painter and Bannister, he said, "There is no evidence that psychiatric instability is involved. Rather, these divergent life patterns seem to represent alternative normal adaptions." The Court said, "There is no suggestion in the record that Mr. Painter is morally unfit." The Court points out the Bannisters are 60 years old, and that the child is seven years old, and seems to overlook an often quoted principle that the ways of a child are generally fixed by the time it is five years old, and that older parents for younger children make for a poor family. The child psychologist states that his field is less concerned about natural parents than any other professional group. The Court criticises Painter for placing his interest and purpose in life above monetary consideration for jobs. The Court likewise criticizes on THREE the ground that he is an agnostic or atheist, and has no concern for formal religious training. The Court is critical of the two funerals which Painter had for his wife; one in the basement of his home where he alone was present, and the other in a church for public services. He who weeps alone is not to be condemned. Many people are critical of public funerals. Who can say which shows the greatest love and respect for the deceased? Even the Court conceded that they related facts of Painter's life not as a criticism of his conduct or way of life and sense of values; the Court acknowledged, "An individual is free to choose his own values, within bounds, which are not exceeded here." The Court has set a dangerous precedent which could well permit the child psychologist to remove many of th e children in .this nation from the home of its natural parents to others of devoted grandparents. The award of a child to his grandparents, because the father does not act in all respects the way a Court thinks he should, is a dangerous precedent. No attempt is made to cite the many decisions that favor a natural parent in the ways of custody. -Ralph H. Logan ?'tatelt~eitf! 1teettd- The PADS After a round of stag parties starting with the Tavern Club and ending with a combined alumni-active dinner for the rushees, Phi Alpha Delta has concluded a most successful rush season. We were honored by the presence of Dr. Charles Zinn, Counsel for the House Judiciary Committee, as guest speaker for the dinner. PAD has sponsored "How to Succeed in Law School," "How to Prepare for Moot Court," and will sponsor a legal film series including WIGMORE ON EVIDENCE. The DELTS The function of the fraternity is the furilierance of professional responsibility and Brotherhood. This can be most effectively accomplished through cooperation and coordination between the fraternities and internal organizational stimulation of interest of Delta Theta Phil. In the first month of the 1966-1967 school year the students and faculty were honored to hear the former President of the Louisville Bar Association, Frank Haddad and Chief Justice Palmore of the Kentucky Court of Appeals. Delta Theta Phi is determined to implement its program of cooperation in the planning and staging of social and professional programs with the other fraternity in the Law School. The emphasis of the fraternity on social functions and the creation of interest in the school will help elect officers who truly represent the school and will help the Law School in the community, the State and the nation to become recognized as the great institution it should be. THE LoUISVILLE LAWYER Mr. Richard M. Cummings Mr. Herbert I. Lazerow TWO NEW MEMBERS ADDED TO FACULTY Two new professors have joined the faculty of the University of Loui ille School of Law this semester: Richard M. Cummings and Herbert I. Lazerow. Although his chief specialty is international law, 1r. Cummings is presently conducting classes in Constitutional Law and Jurisprudence while 1r. Lazerow is teachin onflict of La\ and Property. Both men are married and have no children. Intereste in po ·tics, . . Lazero found Louisville a rewarding post from which to ob erve the tangle of Kentucky partisan activities in the last election, though he felt considerably "more heat than light was generated." \ ith a taste for American folk music, Mr. Cummings has taken advantage of Louisville's proximity to do field work in Harlan County and in the Cumberlands. Following is a short biographical sketch of each of the ne~ faculty member : Richard M. Cumming -Born in • ew York in 1938, be received hi .B. from Princeton in 1959 and his L.L.B. in 1962 from Columbia, where he was a Kent cholar and on the Board of Editors of the law review. t Cambridge University in England in 1964 he achieved his M.Litt. A member of the ew York bar, Mr. ummin s has prac ·ced "'i Breed, Abbot & ~1organ there and has been as ociated with the Office of General Counsel of the Agency for International Development in \Vashington, D.C. Herbert I. Lazerow-Though born in Baltimore in 1939, he considers Washington, D.C. his home. A Phi Beta Kappa from the University of Pennsylvania, Mr. Lazerow was awarded his A.B. in history there in 1960, his L.L.B. from Harvard Law chool in 1963, and his L.L.M. from George Washington Univer ity the next year. He has worked for the Internal Revenue Service in the area of legislative drafting and negotiating income tax treatie_s with foreign countries and has been admitted to practice before the District of Columbia and Kentucky bars. JOURNAL STAFF INCREASES MEMBERSHIP AND EDITIONS Prior to June 1, 1966 memb\mhip on the staff of the ]oumal of Family Law required a minimal quality point average of 2.00. As of June 1, a new policy of publication was instituted by the Journal : the number of publications is to be doubled from two to four per year, additional student notes are to presented, and there is to be a dramatic expansion of the current events section. In order to meet the increased research requirements it has been necessary to provide a larger staff membership, As of June 1, 1966 classes have been ranked according to quality point average and beginning at the top of the list and progressing downward invitations have been issued offering membership on t be journal staff. Under the new policy of organization more individual production is required of members and is determinative of the members tenantcy on the staff. In Re Schroer (Continued from Page 2) fulfilled its constitutional duty "to advance the aims and purposes of the Law School." He is expected to question whether the S.B.A. can possibly be carrying out its constitutional functions under its present organization. He may point out that the S.B.A. has not had one general meeting this year, that most of the committees of the organization have not even met once this year, and that many of the elected officers of the S.B.A. are at a loss to remember what committee they represent. In short, Schroer is expected to ask the court to determine if the 52 elected and appointed officers of the Student Bar, the 21 member Executive Committee, and the eight "Action" Committees and three Appointive Committees do anything substantial to fulfill their constitutional duty to "advance the aims and purposes of the Law School." If the Court finds that the S.B.A. has not fulfilled its basic constitutional duties, he will ask the Court to rescind his dues to the organization, and to declare the present S.B.A. unconstitutional by its own Constitution. It can be anticipated that the plaintiff Schroer will suggest that the very nature of the elective process in tl1e Student Bar defeats the stated purpose of the organization to be representative of the student body. Presently, nominations for the S.B.A. offices come from the fraternities. The fraternities then bloc vote with the majority fraternity taking nearly all offices. The main problem in the case may arise from a simple service of summons. To whom would one deliver it? And where? The Dean's Corner (Continued from Page 2) the increasing and staggering complication of the law is that the theoretical training of the student mu t not be diluted. A law student is anxious to try out his newly acquired knowledge on some practical problem and this desire is normal and natural but if the necessity of acquiring a theoretical background is properly understood the law student will act as a student, learn the things which a student must learn and pass over the temptation to gain a superficial professional gloss at the expense of the only time in his life he can devote himself to mastering the basic arts of his profession. He will have the rest of his life to perfect this polish but only a very brief time, comparatively speaking, to master the basic theory of his profession. Ideally the law student would confine his employment to summer work in law related jobs. If he must work during the regular session he should seek to limit his employment to law related jobs and to bear in mind constantly, that his practical work is a mere adjunct of his theoretical training. If the emphasis is the other way around the student is in danger of seriously impairing the basic arts of his life-long profession. It is often pointed out that some outstanding students of former years have been employed on lengtl1y schedules. This is true but in almost every instance, the student sacrificed the opportunity of doing really distinguished work for the convenience of the moment. When law firms inquire about law graduates with a view of their employment the questions are in terms of law school achievements and potential and not in terms of outside employment. "An Irishman, a Welshman, an Italian, and a Scot." Best of Luck to our ALL AMERICAN MOOT COURT TEAM AT THE FINALS IN NEW YORK mnuisuillt ~Jawytr Published by The University of Louisville School of Law LOUISVILLE, KY .. DECEMBER. 1966 TO THE ALUMNI AND FRIENDS OF THE SCHOOL Of LAW: It is my honor to present the class of 1967. These graduates represent the end product of 172 applications for admission to the School of Law. The faculty has endeavored to give each student a sound legal education and to inculcate in him a zest for the future pursuit of knowledge. At the same time the faculty has been concerned also with instilling in each student ideals of professional responsibility. We hope that this issue of the Louisville Lawyer will assist you in finding one of our graduates to fill any opening that you may have or any opening that may come to your attention. If you want mere information about any of these graduates or wish to interview any of them, either contact the graduate in which you are interested or direct any inquiry to me at the law school. We are thankful for your continued interest in our graduates and have endeavored to present a high quality product. We do not believe you will be disappointed in any member of this graduating class. MICHAEL H. APPLEBAUM 1524 E. Barringer St. Philadelphia, Penn. Age: 24 College : Temple Univ. Activities : Business Manager of Law Review, Chairman. Civil Rights Council, Treasurer of Delia Theta Phi. Honor Code. Convocation CommiUee, S .B.A. Pref e rence : Tax Law DONALD K. BLAIR R.R. I , St. Mary's Rd. Floyds Knobs, Ind. Age: 24 College: Univ. of Tampa Activities: WHO'S WHO IN AMERICAN COLLEGES & UNIVERSITIES Preference: General Praclice ROBERT L. BAIRD 200 Crescent Ave. Louisville. Ky. 40206 Age: 24 College: U. of L. Activities: Phi Alpha Delia Outstanding Freshman Award, Family Law Journal, Briefing Service, Placement CommiUee, S.B.A.. Phi Alpha Delia Preference: Corporation or Labor Law THOMAS C. BRITE Hardinsburg, Ky. Age: 25 College: Univ. of Kentucky Activities: Moot Court, Phi Alpha Delia Preference: General Practice ALBERT R. BARRET 608 Wataga Drive Louisville, Ky. Age: 24 College: Kenyon College Activities: Phi Alpha Delia, College Student Council Preference: Business or Private Practice KENETH L. BURHANS 9001 Shelbyville Road Louisville, Ky. Age: 24 College: William Jewell Activities: Phi Alpha Della, Student Bar Association Preference: General or Corporate Practice Cordially, James R. Merritt, Dean ROBERT J. BAUGHMAN 3703 Nanz Ave. Louisville, Ky. Age: 29 College: U. of L. Activities: President University Student Senate, President Delia Theta Phi fraternity, Executive Commitfee Student Bar Association. ODK Honorary fraternity Preference: General Practice BOBBY D. BURNS 3703 Downing Way Louisville, Ky. Age: 23 College: U. of L. Activities: Law Journal (Jr. Year) Preference: Corporative Taxation JOHN. M. BENSINGER, JR. 2328 Saratoga Drive Louisville, Ky. Age: 24 College: Kenyon College Activities: Phi Alpha Delia Preference: Tax ROBERT LEROY CATLETT 3013 BeUyLane Louisville, Ky. Age: 24 College: University of Kentucky Activities: Family Law Journal, Briefing Service, Social Comm. S.B.A., P.A.D. Preference: General Practice ROCCO J . CELEBREZZE 10200 Ballardsville Rd. Louisville, Ky. Age: 24 College: U. of L . Activities: Vi c e President, President of Moot Cour! C I u b , Faculty Relations, Membership, and Executive Committees of S.B.A.. National Moot Ct. Participant Preference: General Practice with trial work MILES H. FRANKLIN 1816 Overlook Terrace Louisville, Ky. Age: 24 College: Vanderbilt Activities : Phi Alpha Delta Preference: General Practice JOHN B. HAGAN 4200 Medallion Court Louisville, Ky. Age: 30 College: Spring Hill College Activities: S.B.A. Building Committee, Delta Theta Phi, Moot Ct. Judge Preference: General Practice FRANCIS W. CORYELL 616 West Southern Heights Louisville, Ky. Age: 27 College: U. of L. Activities: Book Award-Taxation. Louisville Lawyer, Treasurer Delta Theta Phi, S.B.A. Executive Committee, Vice-President, M o o t Court, Omicron Delta Kappa Preference: General Practice CHARLES D. FULKS 3708 Wheeler Avenue Louisville, Ky. Age: 37 College: U. of L . Activities: Delta Theta Phi Preference: General Practice DANIEL R. HAGEMEISTER 1273 Ash Street Louisville, Ky. Age: 24 College: Wilmington (Ohio) College Activities: Law Journal, Bail Project, Delta Theta Phi Preference: Corporate Law THE LOUISVILLE LAWYER GEORGE L. DRURY 5055 Poplar Level Rd. Louisville, Ky. Age: 26 College: Bellarmine College Activities: Treasurer S.B.A., Delta Theta Phi Preference: General Practice GARY L. GARDNER 1160 Castlevale Drive Louisville, Ky. Age: 25 College: Western Ky. Univ. Activities: Tribune D e I I a Theta Phi, Moot Ct. Judge Preference: General Practice DONALD M. HEAVRIN 2019 Woodbourne Ave. Louisville, Ky. Age: 26 College: U. of L . Activities: Book Award Bankruptcy, Justice, ViceJustice Phi Alpha Delta, National Moot Court Representative, Associate Editor Louisville Lawyer Preference: General Practice JOSEPH FERGUSON 8509 Bayou Way Louisville, Ky. Age: 34 College: Rutgers Univ. Activities: Moot Ct. Judge Preference: Management JOSEPH J. GOLDEN 1316 S. Brook St. Louisville, Ky. Age: 25 College: U. of L. Activities: V i c e President, Student Bar. Honor Code Committee, D e a n ' s List, Book Award Commercial Transaction Preference: General Practice or Government Agency ROBERT W. HENSLEY 1895 Douglass Blvd. Louisville, Ky. Age: 24 College: U. of L. Activities : P.A.D.. Moot Ct. Judge Preference: General Practice LARRY B. FRANKLIN 1915 South First Street Louisville, Ky. Age: 29 College: U.S. Naval Academy Activities: Delta Theta Phi, Moot Court Judge "!'reference.: General Practice GERALD G. GRATTAN 3108 Klonway Drive Louisville, Ky. Age: 27 College: U. of L. Activities: Book Award- Insurance and Code Pleading. Delta Theta Phi, Moot Ct. Judge Preference: Management BILLY Y. HOPKINS 101 North Street Carlisle, Ky. Age: 24 College: Centre College Activities: Jefferson County Bail Project Preference: Gov'l. Agency or Corporate Work GAYLE GLENN HUFF 126 Southland Blvd. Louisville, Ky. Age: 26 College: Cumberland College Activities: Moot Court Preference: General Practice CHARLES G . LAMB 4902 Ginev Road Louisville, Ky. Age: 31 College: Univ. of Tennessee Activities: President S.B .A .. DeUa Theta Phi. Moot Ct. Judge Preference: Paten! or Labor Law GERALD F . McDANIEL 534 Forum Avenue Louisville, Ky. Age: 30 College: U. of L . Activities: Moot Ct. Judge Preference: General Practice ERNEST A. JASMIN 907 47th Street Louisville. Ky. Age: 32 College: Florida A&M Activities : P.A.D. Preference: General T r i a I Practice & Criminal Law EDWARD E . LANHAM 438 Amy Avenue Louisville, Ky. Age: 24 College: Brescia College Activities: Briefing Service. Secretary of S.B.A.. Secretary of Moot Ct. Club, Chief Justice of Judiciary Committee SAVAS G. MAL LOS Age: 25 College: U. of K. Activities: Bail Bond Project, Phi Alpha Della Preference: General Practice THE LOUISVILLE LAWYER FOSTER V. JONES, JR. 1832 Eastern Parkway Louisville, Ky. Age: 25 College: Murray Stale Col. Activities : Moot Ct. Judge '!'reference : General Practice LESLIE E . LENN 794 Marcella St. Versailles, Ky. Age: 28 College: Eastern Ky. Stale Activities: Customer Engi-neering, Quality Assurance Preference: FBI, Treasury Department GALEN A . MARTIN 1208 Meadow Lane Frankfort, Ky. Age: 39 College: Berea College Activities: Moot Court Preference: Government JACQUELINE R. KANOVITZ 1571 Parsons Place Louisville, Ky. Age: 23 College: Purdue & U. of L. Activities: Journal of Family Law, President, Kappa Bela Pi Sorority Preference: Law Office in New York Area STEPHEN A. LINKER 2345 Village Drive Louisville, Ky. Age: 24 College: Univ. of Michigan Activities: Dean's List, Book Awards Evidence Preference: Corporate or General Practice EUGENE L. MOSLEY 200 Crescent Avenue Louisville. Ky. Age: 25 College: Bellarmine College Activities: Editor Louisville Lawyer, Justice, Phi Alpha Della, Secretary, Moot Court Preference: General Practice JOSEPH C. OLDHAM 3941 Elmwood Ave. DENNIS M. O'CONNOR Louisville, Ky. 1715 Brenlmoor Lane Age: 24 Anchorage, Ky. Age: 31 College : Wilmington College Activities: Social Chairman, Vice President Della Theta Phi, Chairman Placement Committee, C h a i r m a n Building Committee of S. B.A.. Evecutive Committee S.B.A. Preference: Corporate or General Practice College: U. of Va. Activities: Chairman Briefing Service, Law Journal Preference: Corporate and Estate Work BASIL KTSANES Louisville, Ky. Age: 26 Colle!'fe: Northwestern Univ. Activities: National Moot Ct. Representative Preference: General Practice ROBERT G. LOHMAN, JR. 426 Sprite Road Louisville, Ky. Age: 24 College: Davis Elkins Activities : Social Committee, Chairman Library Commitlee of S.B.A., Della Theta Phi Preference: Trial Lawyer ' JOHN R. MUELLER 412 Miller Hall - U. of L. Louisville, Ky. Age: 24 College: Bellarmine College Activities: Bail Bond Project Chairman Preference: General Practice FRANK OUICKERT, JR. !l02 E. Breckinridge Ln. Louisville, Ky. Age: 25 College: St. Meinrad Activities : Law J o u r n a I. Chairman of Briefing Service, Student Bar Executive Committee Preference: General Practice LARRY J . SCHAD 831 Calherine Place Louisville, Ky. Age: 25 College: U. of K . Activities: Mortgage Loan Dept. Floyd County Bank Preference: Banking Law RICHARD L . TAYLOR 212 Pleasanlview Age: 25 College: U. of K . ActiviJies : Briefing Service, Bail Project Preference: General Practice CARL A. PALLO 2909 Iris Way Louisville, Ky. Age: 31 College: Norwich Univ. Activities: Moot Court Preference: Management and Corporate Law RICHARD H. SCHULTEN 4705 Bellevue Louisville, Ky. Age: 24 College: Bellarmine College Activities : National Mer i l Scholarship Winner Preference: General Practice or Corporate Tax THOMAS P. TAYLOR 2205 Glenview Ave. Louisville, Ky. Age: 23 College: U. of North Carolina Activities: P .A.D. Preference: General Practice NORMAN L. WAGNER 3501 Illinois Avenue, A-ll Louisville, Ky. 40213 Age: 26 College: Bellarmine College Activities : International Ac-countants Society, Inc. Preference: General Practice THE LOUISVILLE LAWYER CLAUDE W. REED 7101 Wesboro Road Louisville, Ky. Age: 47 College : U. of L. Activities: Phi Alpha Della Preference: General Practice DORIS FRANCES SCHMIDT 502 Woodview Circle Middletown, Ky. Age: College: U. of L. Activities: Law Journal Contributor, Secretary C i vi I Rights Counsel. Chairman S.B.A., Social Committee Preference: General Practice ROBERT C. WESSELL 2530V2 Parthenia Street Louisville, Ky. Age: 24 College: Bellarmine College Activities : Staff Accountant wllh Grover, Greweling & Co. Preference: General Practice DONALD I. RENAU 613 Rudy Lane Louisville, Ky. Age: 30 College: Principia College Activities: Moot Court Preference: General Practice GEO. R. SIMPSON, JR. 8701 Bayberry Place Louisville, Ky. Age: 24 College: Centre College Activities: Book Award-Evi· dence, O.D.K. Honorary Fraternity, S.B.A. Convocation Committee Preference: General Practice JOSEPH L. WHITE 1909 Claremoor Drive Anchorage, Ky. Age: 32 College: U. of L. Activities: Book Award, VicePresident, Moot Court, Della Theta Phi Preference: Corporate Labor Relations Law FRANK YATES 1431 Nightingale Rd. Louisville, Ky. Age: 29 College: Murray Slate Activities: National Moo! Cl. Trials, Moot Cl. Judge, Della Theta Phi Preference: General Practice, Western Kentucky JOSEPH L. ROSENBERG 1730 Marlow Drive Louisville, Ky. Age: 24 College: U. of L. Activities: Moot Court Preference: General Practice RUSSELL C. SCOTT 23 North Hill Drive New Albany, Ind. Age : 34 College: U. of L. Activities: Moot Court Preference: General Practice or Labor Law JAMES W. WINSLOW 2304 So. Webster Street Kokomo, Ind. Age: 28 College: Indiana Univ. Activities: Execulive Editor Law Journal, Dean's List, Book Awards in Contracts, T r u s t s , and Taxation, Treasurer of Della Theta Phi Preference: General Practice
Click tabs to swap between content that is broken into logical sections.
Title | Louisville Lawyer 12.1, December 1966 |
Alternative Title | Law Student Publications |
Contributors | University of Louisville. School of Law |
Description | The Louisville Lawyer (1955-1974) was the first of three official University of Louisville School of Law student publications. |
Searchable Text | Louisville Lawyer Published by The University of Louisville School of Law VOL. XII LOUISVILLE, KY .. DECEMBER, 1966 No. I Pictured above are team members Don Heavrin (le ft ) and Vincent Aprile, Jules Lloyd was absent when picture was taken. Law & The Great Society: LEGAL AID OR JUDICARE? By Charles Chaney The Office of Ecorromic Opportunit) Legal ·ervice Program has won indorsement of the American Bar Association. The Louisville Bar Association has reque ted a grant from the O.E.O. to upport a judicare experiment here in the city. The enate has been asked to appropriate 0\'er fiftymillion dollar for legal aid to the indigent. In a country where one-fifth of the population is cia ilied as poverty triken, and unable to obtain legal counsel, the need of legal assistance is evident. There have been two major approaches to solving this need. One has been the legal aid societies. Their approach has been to establish neighborhood law offices and hire full-time counsel to staff them. Because of their location, the legal aid societies are able to not only supply counsel to those in need, but can inform those who never have had an opportunity to deal with an attorney about their legal rights. The attorney who specializes in this field becomes familiar with the needs of the poor and becomes more adapt in handling those types of cases. Last year the Legal Aid Clinic in Louisville, had 5,500 persons ask for help. Of these, approximately onefifth were assisted in legal matters. The guidelines for determining eligibility vary somewhat. However, these two considerations are foremost: ( 1) Whether there is a chance that a contingent fee could be arranged so that the case could be handled privately; and ( 2) the indigent person must make less than fifty dollars per week. The Society does not handle criminal case . Defenses are in civil matters, mostly in controversies in magistrate courts, in addition to some probate and guardianship matters. The second approach, which now is on a trial basis, is Judicare. Its operation is similar to the English System which has been in use in that country for several years. Under the plan an eligible client must apply for and receive a "Judicare card." He then can present the card to the lawyer of his choice and obtain the needed legal services. In tl1e Wisconsin Judicare experiment the attorney may be paid up to eighty per cent of the recommended minimum bar fee or $300.00, whichever is less. The most a lawyer may receive during a twelve-month period is three-thousand dollars. Under Judicare the individual would be able to select an attorney in the same manner as a paying client. The program would be more economical in smaller communities and rural areas where a full-time legal aid staff could not be used efficiently. Both programs are not without criticism. Legal aid centers tend to be- MOOT COURT FINALISTS WIN REGIONAL; NEW YORK NEXT On November 17, 1966 the University of Louisville School of Law sent a three man team to Lincoln Nebraska to compete against eleven other schools in the Regional Finals of the National Moot Court Competition. For the second time in the history of the school the team emerged victorious, and will now travel to New York in mid December to compete in the ational Finals against twenty one other schools. Student Bar Assn. Plan Activities As another school year gets under way, the executive committee of ilie SBA has started making plans to provide you wiili co-curricular activities to supplement the legal education you are receiving in the class rooms. The school year started off with the SBA sponsoring orientation week for new students. New students were enlightened during iliis week as to the student organizations of ilie law school, how to brief cases, and what outside information was available to law students with recommendations as to ilie information students s h o u 1 d use in succeeding in law school. Orientation week was capped off wiili a play ilie "Caine Mutiny Court Martial." All of the members of the cast were fellow students. The convocation committee has already started work on ilie speakers program for the coming semester. Two of these programs have already .been presented. The first one consisted of speeches from the candidates for Congress from ilie Third Congressional District of Kentucky and ilie second program was a speech by the President of ilie American Bar Association, Orison S. Marden. More programs are (Continued on Page 3) come isolated parts of ilie profession and tend to remove themselves from the mainstream of ilie law. Judicare is attacked on ilie grounds iliat since most law offices are located in areas away from ilie poor, legal services are inaccessible because the poor have been found to be highly immobile. Attorneys in private practice are generally not experienced in the technical areas of the law wherein the poor must frequently encounter difficulty. Of tl1e two systems, ilie neighborhood law office seems to be the better choice. It is more easily adapted to the use of professional investigators, social workers, and rehabilitation experts iliat assure maximum efficiency in use of ilie lawyer's ·time. This year marked the Seventeenth Anniversary of the National Moot Court Competition, and the inauguration of a new school policy of giving scholarships to the three local winners. The problem that was argued dealt with whether a state statute that established a warrant procedure for the installation of electronic listening devices was constitutional. In the case the mythical state of Erewhon passed a statute that authorized state officers to install electronic evesdropping equipment if there was probable cause to believe that a crime had been committed. Pursuant to this statute, the police obtained a warrant, entered the office of a bribery suspect, and planted a recording device. At the trial the recorded conversations were introduced into evidence over the objection of the defendant, and he was convicted. On appeal to the United States Supreme Court, the Appellant claims that his First, Fourth, Fifth, and Fourteenth Amendment rights under the Constitution were violated. The judges for the final round of the local competition were Judge Paul Keith, Robert Metrey, and Robert Hastings. Mr. Heavrin, who represented the University of Louisville in last year's regional tournament, and Mr. Aprile won in the final round. Mr. Lloyd, who was the champion in 1964 finished third and was ilie team alternate. In the National Competition tlle Law School drew a bye in the first round. In ilie second round, iliey met a tough University of Ceighton team, and lost ilie oral argument on a split decision. However ilieir brief score was higher ·tllan Creighton's which gave iliem more total points, and advanced them into ilie semi-final round against the University of Kansas. In this round the Law School faced an up hill battle because Kansas had produced a slightly better brief. However the team won ilie oral argument by enough points to off set ilie brief score, and advanced to ilie final round against St. Louis University. In tllis argument ilie team not only won the brief score, but rolled over St. Louis in ilie oral argument and won the Regional Finals by more ilian twenty points. In ilie last round, Aprile was awarded ilie trophy for outstanding oral argument. Two THE LomsVJLLE LAWYER Erona The Editors ~ Desk THE NEED IS NOW In this column last year the question was asked whether the University of Louisville Law School was overcrowded. A year later and with approximately seventy-five more law students enrolled the answer is definitely in the affirmative. There is currently a desperate need for new facilities. A good illustration of this need is the present Junior and Freshman classes. Both classes are over one hundred and because of this number the regular classroom~ are not large enough to accommodate the students. Thus, many of their classes are held in the Allen Courtroom, a beautiful law school courtroom but not suitable at all for a classroom. t one point last year there were only two classrooms for three classes. Until very recently the faculty had to share offices and only by converting a classroom into office space was this problem alleviated. There is no official student lounge unless you can call two couches and a table with four chairs in the middle of two classrooms a lounge. Then there is the library. The library is composed of three rooms including the librarian's office. With classes of one hundred or more in the Junior and Freshman classes and with fifty in the Senior class there sometimes is difficulty finding a place to sit. And an time you try to fi!ld a reporter, you must ask someone to roo e their chair up to allow you to slide b and find your book. Another frustrating aspect of the 193 Law School Building is the lack of room for student organization. The Family Law Journal is the only present organization that has an office of its own and it i not large enough to have meetings in. The staff members of The Louisville La\ er meet in whatever clas room is available. Becau e of thi cramped atmo phere there has been no way for the tudent Bar Association, The Louisville Lawyer and the fraternities to keep an accurate record of past affairs. There is growth all over the University of Louisville campus, particularly in the medical and dental schools. Yet there has not been a change in the structure of the Law School since 1938. Granted, a new wing has been planned but it has been so for years. The Board of Trustees must be aware of the predicament the Law School is in. We are bulging at the seams. Schroer et al. v. S. B. A. On September 16, 1966 one, Dave Schroer, under threat of being denied a vote in the Student Bar Association, paid to the treasurer of this organization his $3.00 dues. Schroer, a freshman law student, then began pleasantly asking various upperclassmen what the S.B.A. did. The answers he received ranged from the gentle shrug of a seasoned senior, to the ripping cynicism of an out-raged junior, to the careful denial and avoidance of a prominent officer. ow, after extensive research on the topic, Schroer brings a constitutional case before the Student Bar Court. The plaintiff Schroer will probably establish 'standing to sue" by declaring that he is a representative of the student body as a whole, who has suffered a real monetary injury by being taxed by a dormant organization. In addition, Schroer is expected to demand that further relief is due him from the severe loss of reputation that he has suffered from being represented by such an organization as the S.B.A. Schroer will probably attempt to prove that the S.B.A. has not (Continued on Page 4) The Dean's Corner by James R. Merritt In 1784, Judge Tapping Reeve, a Connecticut lawyer, founded the first law school in the United States. In some ways this Leitchfield School was the first attempt at the systematic teaching of law anywhere in the common law world. Previously lawyers were largely self-taught or came to the profession from the ranks of articled clerks. Although the clerk of a busy practitioner knew intimately the workings of the law office from the first visit of client to the final billing and although the clerk often knew his way around the court house his theoretical knowledge was often sketchy and sometimes shockingly incomplete. From the beginning, the superiority of the systematic training of the Leitchfield school was apparent in actual competition at the bar. Out of some 900 men who eventually graduated from the school, 28 became United States senators, 101 members of Congress, 34 State Supreme Court Justices, 14 Governors of States, 10 Lieutenant Governors, 3 Vice Presidents of the United States, 3 United States Supreme Court Justices and 6 members of the cabinet. It was not long until law schools were established within the major universities. Although training by clerkship and self-study lingered on for many years they have now ceased to be avenues through which students may enter the legal profession. Almost everyone recognizes some virtue to legal education within a community of university scholars but there is a persistent and somewhat unsettling notion that somehow the emerging law student lacks "practicality" and upon emerging from the sheltered confines of the law choolis JlQt qualified .lor immediat practice. There is much truth in this statement but the difficult question is when and how this "practicality" should be acquired. Although I believe that the practical aspects of a lawyers education are readily acquired after formal training, the question must be faced how the transition from law school to law practice can best be accomplished. New Jersey experimented with a compulsory clerkship program which proved unworkable. Other states have tried similar ventures. Many schools have "practice" courses. Indeed our own experimental Saturday seminars give great promise of establishing a beneficial dialogue between student and practitioner. A summer internship may give a useful glimpse into practice. Perhaps there is no single way of transition which is demonstrably superior to all others. Are there some ways of acquiring practicality which are clearly pernicious? It would seem wrong to regress completely to the old clerkship system and even a partial retreat is not without danger. One thing which seems clear from (Continued on Page 4) Q!q.e illnuisuill.e 11Ja:wy.er Published by the University of Louisville School of Law Student Bar Association two times a year for School of Law students, faculty, and alumni. This issue is mailed to the Kentucky Bar Association members. Editor-in-Chief .............................................................. ...... Eugene L. Mosley Faculty Advisor ........ . ........ ............................................ W. Scott Thompson Assistant Editor ........................................................................ Donald Heavrin Placement Editor .................................................................... George Walton Feature Editor .............. ........... .................................................. Allen Farber Circulation Editor .................................................................. Charles Chaney Reporters ...................................................... Burt Deutsch, Thomas McAdam THE LoUIS\'lLU: LAWYER LOUISVILLE ATTORNEYS VIEW Painter vs Bannister The Iowa Supreme Court in its decision February 6, 1966 gave cu tody of an eight year-old boy to his maternal grandparents agajnst the wishes of the boy's father. On November 14, 1966, the upreme Court of the Urnted States refused to review the decision. ~1r. Ralph H. Logan and Mr. James A. Hubbs, members of the Louisville Bar, discuss the pro and the con of the Iowa Court's decision. PRO belie,·e the Court was right. \ hen this child came to the Bannister home, he was disoriented and ill-disciplined. But the love of a dependable, stable and well-educated home in a mid-we t community, afforded marked improvement and fmther provided a solid foundation for opportunity, security and moral development. His grandfather became the "father-figure" a child so desperately needs. The romantic Painter home offered boundless freedom of conduct and thought, and would be more exciting and challenging, lacking in dependability and stability. The agno tic father had roamed the country as a writer of sorts, from one job to another, offering dreamy alibis for his obvious mediocrity. His insatiable des ire to be an individualst cannot be categorcally criticized; however, the Court found that this Bohemian character ( California vintage) was just a little too "far-out." For instance: Before his wife's funeral, he moved the casket to the basement and conducted a service with noboby else present. Later, he attended the customary funeral in a sports shirt and weater. For a seven-year-old child, the Court found that stability and security are far more important than intellectual stimulation. The two environments are obviously poles apart. To uproot this child from a table and dependable atmosphere and transplant him to an uncertain and artificially strange surroundings would jeopardize his delicate personality for a lifetime. Whatever the rights of the natmal fatl1er may be, the child has a far greater right not to be moved around as a pawn in a chess game and subjected to the whim ical change of either party to his everlasting detriment. And our Courts should protect that right. - James A. Hubbs CON Painter v. Bannister 0 0 0 0 has moved it eli into a position with great deci-ions in history, although bad. The recognized custody of a child is with its mother against most odds. Fathers, under this case, seem to be less important. The mother of .Moses, for reasons unknown to history, parted witl1 her son, and he arose to great heights under the care of a foster parent, and is known to us all only by the intervention of Almighty God. STUDENT BAR ACTIVITIES (Continued from Page 1) being scheduled and if any of you that you will only contact those perhave suggestions for a convocation sons representing fields you are parthat law students would be interested ticularly interested in. in, contact Tim Dorch, Chairman of The Social Committee has made ilie C~nvocation Committee. . plans for the Annual Fall Semester Drn:mg the summer .ilie library dinner-dance. This was held Saturday, committee undertook getting the stu- December 3 1966 at Stauffer's Inn. dent bar typewriters in the reference ' room of the library cleaned and re- As stated earlier, ilie SBA is a co-paired. curricular organization. We are al- The placement committee is busy ways looking for projects to enhance working on a program for Monday your stay at ilie law school. If any of evening, December 5, 1966. This pro- you have any projects that you feel gram will consist of having attorneys might fall within the scope of the from every branch of ilie legal profes- SBA feel free to contact me or Joe sion in and having tl1em available to Golden, the Vice-President of the discuss wiili us their particular field. SBA. These attorneys will be assigned to different rooms in the law school so C. G. Lamb President, SBA Mr. Ralph H. Logan Solomon made a judicial determination of custody without the benefit of a psychiatrist and established what mav be considered the natural law of child possession. Apparently, even the State of Iowa recognizes the presumption of parental preference by statute. Its highest Court has now established the doctrine of the "father figure" and ilie "biological father." The Court adopted what is an accepted principle on the question that the "primary consideration is the best interest of the child." The Court has substituted for the established, traditional and proven Finciple of law the metaphysical opinion of a psychologist, a recognized uncertain field of medicine. The Court by its own statement placed a "great deal of reliance on the testimony" of a child psychologist. Whether or not the child psychologist is the same person described by the Court as tl1e psychiatrist who examined ll'!r. Painter, is not shown; however, the reasoning given causes it to appear iliat they must be two different people. The statement attributd to the psychiatrist in describing P a i n t e r stated "the philosophies of life are entirely different," and in speaking of the difference in the ways of life between Painter and Bannister, he said, "There is no evidence that psychiatric instability is involved. Rather, these divergent life patterns seem to represent alternative normal adaptions." The Court said, "There is no suggestion in the record that Mr. Painter is morally unfit." The Court points out the Bannisters are 60 years old, and that the child is seven years old, and seems to overlook an often quoted principle that the ways of a child are generally fixed by the time it is five years old, and that older parents for younger children make for a poor family. The child psychologist states that his field is less concerned about natural parents than any other professional group. The Court criticises Painter for placing his interest and purpose in life above monetary consideration for jobs. The Court likewise criticizes on THREE the ground that he is an agnostic or atheist, and has no concern for formal religious training. The Court is critical of the two funerals which Painter had for his wife; one in the basement of his home where he alone was present, and the other in a church for public services. He who weeps alone is not to be condemned. Many people are critical of public funerals. Who can say which shows the greatest love and respect for the deceased? Even the Court conceded that they related facts of Painter's life not as a criticism of his conduct or way of life and sense of values; the Court acknowledged, "An individual is free to choose his own values, within bounds, which are not exceeded here." The Court has set a dangerous precedent which could well permit the child psychologist to remove many of th e children in .this nation from the home of its natural parents to others of devoted grandparents. The award of a child to his grandparents, because the father does not act in all respects the way a Court thinks he should, is a dangerous precedent. No attempt is made to cite the many decisions that favor a natural parent in the ways of custody. -Ralph H. Logan ?'tatelt~eitf! 1teettd- The PADS After a round of stag parties starting with the Tavern Club and ending with a combined alumni-active dinner for the rushees, Phi Alpha Delta has concluded a most successful rush season. We were honored by the presence of Dr. Charles Zinn, Counsel for the House Judiciary Committee, as guest speaker for the dinner. PAD has sponsored "How to Succeed in Law School," "How to Prepare for Moot Court," and will sponsor a legal film series including WIGMORE ON EVIDENCE. The DELTS The function of the fraternity is the furilierance of professional responsibility and Brotherhood. This can be most effectively accomplished through cooperation and coordination between the fraternities and internal organizational stimulation of interest of Delta Theta Phil. In the first month of the 1966-1967 school year the students and faculty were honored to hear the former President of the Louisville Bar Association, Frank Haddad and Chief Justice Palmore of the Kentucky Court of Appeals. Delta Theta Phi is determined to implement its program of cooperation in the planning and staging of social and professional programs with the other fraternity in the Law School. The emphasis of the fraternity on social functions and the creation of interest in the school will help elect officers who truly represent the school and will help the Law School in the community, the State and the nation to become recognized as the great institution it should be. THE LoUISVILLE LAWYER Mr. Richard M. Cummings Mr. Herbert I. Lazerow TWO NEW MEMBERS ADDED TO FACULTY Two new professors have joined the faculty of the University of Loui ille School of Law this semester: Richard M. Cummings and Herbert I. Lazerow. Although his chief specialty is international law, 1r. Cummings is presently conducting classes in Constitutional Law and Jurisprudence while 1r. Lazerow is teachin onflict of La\ and Property. Both men are married and have no children. Intereste in po ·tics, . . Lazero found Louisville a rewarding post from which to ob erve the tangle of Kentucky partisan activities in the last election, though he felt considerably "more heat than light was generated." \ ith a taste for American folk music, Mr. Cummings has taken advantage of Louisville's proximity to do field work in Harlan County and in the Cumberlands. Following is a short biographical sketch of each of the ne~ faculty member : Richard M. Cumming -Born in • ew York in 1938, be received hi .B. from Princeton in 1959 and his L.L.B. in 1962 from Columbia, where he was a Kent cholar and on the Board of Editors of the law review. t Cambridge University in England in 1964 he achieved his M.Litt. A member of the ew York bar, Mr. ummin s has prac ·ced "'i Breed, Abbot & ~1organ there and has been as ociated with the Office of General Counsel of the Agency for International Development in \Vashington, D.C. Herbert I. Lazerow-Though born in Baltimore in 1939, he considers Washington, D.C. his home. A Phi Beta Kappa from the University of Pennsylvania, Mr. Lazerow was awarded his A.B. in history there in 1960, his L.L.B. from Harvard Law chool in 1963, and his L.L.M. from George Washington Univer ity the next year. He has worked for the Internal Revenue Service in the area of legislative drafting and negotiating income tax treatie_s with foreign countries and has been admitted to practice before the District of Columbia and Kentucky bars. JOURNAL STAFF INCREASES MEMBERSHIP AND EDITIONS Prior to June 1, 1966 memb\mhip on the staff of the ]oumal of Family Law required a minimal quality point average of 2.00. As of June 1, a new policy of publication was instituted by the Journal : the number of publications is to be doubled from two to four per year, additional student notes are to presented, and there is to be a dramatic expansion of the current events section. In order to meet the increased research requirements it has been necessary to provide a larger staff membership, As of June 1, 1966 classes have been ranked according to quality point average and beginning at the top of the list and progressing downward invitations have been issued offering membership on t be journal staff. Under the new policy of organization more individual production is required of members and is determinative of the members tenantcy on the staff. In Re Schroer (Continued from Page 2) fulfilled its constitutional duty "to advance the aims and purposes of the Law School." He is expected to question whether the S.B.A. can possibly be carrying out its constitutional functions under its present organization. He may point out that the S.B.A. has not had one general meeting this year, that most of the committees of the organization have not even met once this year, and that many of the elected officers of the S.B.A. are at a loss to remember what committee they represent. In short, Schroer is expected to ask the court to determine if the 52 elected and appointed officers of the Student Bar, the 21 member Executive Committee, and the eight "Action" Committees and three Appointive Committees do anything substantial to fulfill their constitutional duty to "advance the aims and purposes of the Law School." If the Court finds that the S.B.A. has not fulfilled its basic constitutional duties, he will ask the Court to rescind his dues to the organization, and to declare the present S.B.A. unconstitutional by its own Constitution. It can be anticipated that the plaintiff Schroer will suggest that the very nature of the elective process in tl1e Student Bar defeats the stated purpose of the organization to be representative of the student body. Presently, nominations for the S.B.A. offices come from the fraternities. The fraternities then bloc vote with the majority fraternity taking nearly all offices. The main problem in the case may arise from a simple service of summons. To whom would one deliver it? And where? The Dean's Corner (Continued from Page 2) the increasing and staggering complication of the law is that the theoretical training of the student mu t not be diluted. A law student is anxious to try out his newly acquired knowledge on some practical problem and this desire is normal and natural but if the necessity of acquiring a theoretical background is properly understood the law student will act as a student, learn the things which a student must learn and pass over the temptation to gain a superficial professional gloss at the expense of the only time in his life he can devote himself to mastering the basic arts of his profession. He will have the rest of his life to perfect this polish but only a very brief time, comparatively speaking, to master the basic theory of his profession. Ideally the law student would confine his employment to summer work in law related jobs. If he must work during the regular session he should seek to limit his employment to law related jobs and to bear in mind constantly, that his practical work is a mere adjunct of his theoretical training. If the emphasis is the other way around the student is in danger of seriously impairing the basic arts of his life-long profession. It is often pointed out that some outstanding students of former years have been employed on lengtl1y schedules. This is true but in almost every instance, the student sacrificed the opportunity of doing really distinguished work for the convenience of the moment. When law firms inquire about law graduates with a view of their employment the questions are in terms of law school achievements and potential and not in terms of outside employment. "An Irishman, a Welshman, an Italian, and a Scot." Best of Luck to our ALL AMERICAN MOOT COURT TEAM AT THE FINALS IN NEW YORK mnuisuillt ~Jawytr Published by The University of Louisville School of Law LOUISVILLE, KY .. DECEMBER. 1966 TO THE ALUMNI AND FRIENDS OF THE SCHOOL Of LAW: It is my honor to present the class of 1967. These graduates represent the end product of 172 applications for admission to the School of Law. The faculty has endeavored to give each student a sound legal education and to inculcate in him a zest for the future pursuit of knowledge. At the same time the faculty has been concerned also with instilling in each student ideals of professional responsibility. We hope that this issue of the Louisville Lawyer will assist you in finding one of our graduates to fill any opening that you may have or any opening that may come to your attention. If you want mere information about any of these graduates or wish to interview any of them, either contact the graduate in which you are interested or direct any inquiry to me at the law school. We are thankful for your continued interest in our graduates and have endeavored to present a high quality product. We do not believe you will be disappointed in any member of this graduating class. MICHAEL H. APPLEBAUM 1524 E. Barringer St. Philadelphia, Penn. Age: 24 College : Temple Univ. Activities : Business Manager of Law Review, Chairman. Civil Rights Council, Treasurer of Delia Theta Phi. Honor Code. Convocation CommiUee, S .B.A. Pref e rence : Tax Law DONALD K. BLAIR R.R. I , St. Mary's Rd. Floyds Knobs, Ind. Age: 24 College: Univ. of Tampa Activities: WHO'S WHO IN AMERICAN COLLEGES & UNIVERSITIES Preference: General Praclice ROBERT L. BAIRD 200 Crescent Ave. Louisville. Ky. 40206 Age: 24 College: U. of L. Activities: Phi Alpha Delia Outstanding Freshman Award, Family Law Journal, Briefing Service, Placement CommiUee, S.B.A.. Phi Alpha Delia Preference: Corporation or Labor Law THOMAS C. BRITE Hardinsburg, Ky. Age: 25 College: Univ. of Kentucky Activities: Moot Court, Phi Alpha Delia Preference: General Practice ALBERT R. BARRET 608 Wataga Drive Louisville, Ky. Age: 24 College: Kenyon College Activities: Phi Alpha Delia, College Student Council Preference: Business or Private Practice KENETH L. BURHANS 9001 Shelbyville Road Louisville, Ky. Age: 24 College: William Jewell Activities: Phi Alpha Della, Student Bar Association Preference: General or Corporate Practice Cordially, James R. Merritt, Dean ROBERT J. BAUGHMAN 3703 Nanz Ave. Louisville, Ky. Age: 29 College: U. of L. Activities: President University Student Senate, President Delia Theta Phi fraternity, Executive Commitfee Student Bar Association. ODK Honorary fraternity Preference: General Practice BOBBY D. BURNS 3703 Downing Way Louisville, Ky. Age: 23 College: U. of L. Activities: Law Journal (Jr. Year) Preference: Corporative Taxation JOHN. M. BENSINGER, JR. 2328 Saratoga Drive Louisville, Ky. Age: 24 College: Kenyon College Activities: Phi Alpha Delia Preference: Tax ROBERT LEROY CATLETT 3013 BeUyLane Louisville, Ky. Age: 24 College: University of Kentucky Activities: Family Law Journal, Briefing Service, Social Comm. S.B.A., P.A.D. Preference: General Practice ROCCO J . CELEBREZZE 10200 Ballardsville Rd. Louisville, Ky. Age: 24 College: U. of L . Activities: Vi c e President, President of Moot Cour! C I u b , Faculty Relations, Membership, and Executive Committees of S.B.A.. National Moot Ct. Participant Preference: General Practice with trial work MILES H. FRANKLIN 1816 Overlook Terrace Louisville, Ky. Age: 24 College: Vanderbilt Activities : Phi Alpha Delta Preference: General Practice JOHN B. HAGAN 4200 Medallion Court Louisville, Ky. Age: 30 College: Spring Hill College Activities: S.B.A. Building Committee, Delta Theta Phi, Moot Ct. Judge Preference: General Practice FRANCIS W. CORYELL 616 West Southern Heights Louisville, Ky. Age: 27 College: U. of L. Activities: Book Award-Taxation. Louisville Lawyer, Treasurer Delta Theta Phi, S.B.A. Executive Committee, Vice-President, M o o t Court, Omicron Delta Kappa Preference: General Practice CHARLES D. FULKS 3708 Wheeler Avenue Louisville, Ky. Age: 37 College: U. of L . Activities: Delta Theta Phi Preference: General Practice DANIEL R. HAGEMEISTER 1273 Ash Street Louisville, Ky. Age: 24 College: Wilmington (Ohio) College Activities: Law Journal, Bail Project, Delta Theta Phi Preference: Corporate Law THE LOUISVILLE LAWYER GEORGE L. DRURY 5055 Poplar Level Rd. Louisville, Ky. Age: 26 College: Bellarmine College Activities: Treasurer S.B.A., Delta Theta Phi Preference: General Practice GARY L. GARDNER 1160 Castlevale Drive Louisville, Ky. Age: 25 College: Western Ky. Univ. Activities: Tribune D e I I a Theta Phi, Moot Ct. Judge Preference: General Practice DONALD M. HEAVRIN 2019 Woodbourne Ave. Louisville, Ky. Age: 26 College: U. of L . Activities: Book Award Bankruptcy, Justice, ViceJustice Phi Alpha Delta, National Moot Court Representative, Associate Editor Louisville Lawyer Preference: General Practice JOSEPH FERGUSON 8509 Bayou Way Louisville, Ky. Age: 34 College: Rutgers Univ. Activities: Moot Ct. Judge Preference: Management JOSEPH J. GOLDEN 1316 S. Brook St. Louisville, Ky. Age: 25 College: U. of L. Activities: V i c e President, Student Bar. Honor Code Committee, D e a n ' s List, Book Award Commercial Transaction Preference: General Practice or Government Agency ROBERT W. HENSLEY 1895 Douglass Blvd. Louisville, Ky. Age: 24 College: U. of L. Activities : P.A.D.. Moot Ct. Judge Preference: General Practice LARRY B. FRANKLIN 1915 South First Street Louisville, Ky. Age: 29 College: U.S. Naval Academy Activities: Delta Theta Phi, Moot Court Judge "!'reference.: General Practice GERALD G. GRATTAN 3108 Klonway Drive Louisville, Ky. Age: 27 College: U. of L. Activities: Book Award- Insurance and Code Pleading. Delta Theta Phi, Moot Ct. Judge Preference: Management BILLY Y. HOPKINS 101 North Street Carlisle, Ky. Age: 24 College: Centre College Activities: Jefferson County Bail Project Preference: Gov'l. Agency or Corporate Work GAYLE GLENN HUFF 126 Southland Blvd. Louisville, Ky. Age: 26 College: Cumberland College Activities: Moot Court Preference: General Practice CHARLES G . LAMB 4902 Ginev Road Louisville, Ky. Age: 31 College: Univ. of Tennessee Activities: President S.B .A .. DeUa Theta Phi. Moot Ct. Judge Preference: Paten! or Labor Law GERALD F . McDANIEL 534 Forum Avenue Louisville, Ky. Age: 30 College: U. of L . Activities: Moot Ct. Judge Preference: General Practice ERNEST A. JASMIN 907 47th Street Louisville. Ky. Age: 32 College: Florida A&M Activities : P.A.D. Preference: General T r i a I Practice & Criminal Law EDWARD E . LANHAM 438 Amy Avenue Louisville, Ky. Age: 24 College: Brescia College Activities: Briefing Service. Secretary of S.B.A.. Secretary of Moot Ct. Club, Chief Justice of Judiciary Committee SAVAS G. MAL LOS Age: 25 College: U. of K. Activities: Bail Bond Project, Phi Alpha Della Preference: General Practice THE LOUISVILLE LAWYER FOSTER V. JONES, JR. 1832 Eastern Parkway Louisville, Ky. Age: 25 College: Murray Stale Col. Activities : Moot Ct. Judge '!'reference : General Practice LESLIE E . LENN 794 Marcella St. Versailles, Ky. Age: 28 College: Eastern Ky. Stale Activities: Customer Engi-neering, Quality Assurance Preference: FBI, Treasury Department GALEN A . MARTIN 1208 Meadow Lane Frankfort, Ky. Age: 39 College: Berea College Activities: Moot Court Preference: Government JACQUELINE R. KANOVITZ 1571 Parsons Place Louisville, Ky. Age: 23 College: Purdue & U. of L. Activities: Journal of Family Law, President, Kappa Bela Pi Sorority Preference: Law Office in New York Area STEPHEN A. LINKER 2345 Village Drive Louisville, Ky. Age: 24 College: Univ. of Michigan Activities: Dean's List, Book Awards Evidence Preference: Corporate or General Practice EUGENE L. MOSLEY 200 Crescent Avenue Louisville. Ky. Age: 25 College: Bellarmine College Activities: Editor Louisville Lawyer, Justice, Phi Alpha Della, Secretary, Moot Court Preference: General Practice JOSEPH C. OLDHAM 3941 Elmwood Ave. DENNIS M. O'CONNOR Louisville, Ky. 1715 Brenlmoor Lane Age: 24 Anchorage, Ky. Age: 31 College : Wilmington College Activities: Social Chairman, Vice President Della Theta Phi, Chairman Placement Committee, C h a i r m a n Building Committee of S. B.A.. Evecutive Committee S.B.A. Preference: Corporate or General Practice College: U. of Va. Activities: Chairman Briefing Service, Law Journal Preference: Corporate and Estate Work BASIL KTSANES Louisville, Ky. Age: 26 Colle!'fe: Northwestern Univ. Activities: National Moot Ct. Representative Preference: General Practice ROBERT G. LOHMAN, JR. 426 Sprite Road Louisville, Ky. Age: 24 College: Davis Elkins Activities : Social Committee, Chairman Library Commitlee of S.B.A., Della Theta Phi Preference: Trial Lawyer ' JOHN R. MUELLER 412 Miller Hall - U. of L. Louisville, Ky. Age: 24 College: Bellarmine College Activities: Bail Bond Project Chairman Preference: General Practice FRANK OUICKERT, JR. !l02 E. Breckinridge Ln. Louisville, Ky. Age: 25 College: St. Meinrad Activities : Law J o u r n a I. Chairman of Briefing Service, Student Bar Executive Committee Preference: General Practice LARRY J . SCHAD 831 Calherine Place Louisville, Ky. Age: 25 College: U. of K . Activities: Mortgage Loan Dept. Floyd County Bank Preference: Banking Law RICHARD L . TAYLOR 212 Pleasanlview Age: 25 College: U. of K . ActiviJies : Briefing Service, Bail Project Preference: General Practice CARL A. PALLO 2909 Iris Way Louisville, Ky. Age: 31 College: Norwich Univ. Activities: Moot Court Preference: Management and Corporate Law RICHARD H. SCHULTEN 4705 Bellevue Louisville, Ky. Age: 24 College: Bellarmine College Activities : National Mer i l Scholarship Winner Preference: General Practice or Corporate Tax THOMAS P. TAYLOR 2205 Glenview Ave. Louisville, Ky. Age: 23 College: U. of North Carolina Activities: P .A.D. Preference: General Practice NORMAN L. WAGNER 3501 Illinois Avenue, A-ll Louisville, Ky. 40213 Age: 26 College: Bellarmine College Activities : International Ac-countants Society, Inc. Preference: General Practice THE LOUISVILLE LAWYER CLAUDE W. REED 7101 Wesboro Road Louisville, Ky. Age: 47 College : U. of L. Activities: Phi Alpha Della Preference: General Practice DORIS FRANCES SCHMIDT 502 Woodview Circle Middletown, Ky. Age: College: U. of L. Activities: Law Journal Contributor, Secretary C i vi I Rights Counsel. Chairman S.B.A., Social Committee Preference: General Practice ROBERT C. WESSELL 2530V2 Parthenia Street Louisville, Ky. Age: 24 College: Bellarmine College Activities : Staff Accountant wllh Grover, Greweling & Co. Preference: General Practice DONALD I. RENAU 613 Rudy Lane Louisville, Ky. Age: 30 College: Principia College Activities: Moot Court Preference: General Practice GEO. R. SIMPSON, JR. 8701 Bayberry Place Louisville, Ky. Age: 24 College: Centre College Activities: Book Award-Evi· dence, O.D.K. Honorary Fraternity, S.B.A. Convocation Committee Preference: General Practice JOSEPH L. WHITE 1909 Claremoor Drive Anchorage, Ky. Age: 32 College: U. of L. Activities: Book Award, VicePresident, Moot Court, Della Theta Phi Preference: Corporate Labor Relations Law FRANK YATES 1431 Nightingale Rd. Louisville, Ky. Age: 29 College: Murray Slate Activities: National Moo! Cl. Trials, Moot Cl. Judge, Della Theta Phi Preference: General Practice, Western Kentucky JOSEPH L. ROSENBERG 1730 Marlow Drive Louisville, Ky. Age: 24 College: U. of L. Activities: Moot Court Preference: General Practice RUSSELL C. SCOTT 23 North Hill Drive New Albany, Ind. Age : 34 College: U. of L. Activities: Moot Court Preference: General Practice or Labor Law JAMES W. WINSLOW 2304 So. Webster Street Kokomo, Ind. Age: 28 College: Indiana Univ. Activities: Execulive Editor Law Journal, Dean's List, Book Awards in Contracts, T r u s t s , and Taxation, Treasurer of Della Theta Phi Preference: General Practice |
Subject |
University of Louisville. School of Law University of Louisville--Students University of Louisville--Alumni and alumnae University of Louisville--Faculty University of Louisville--Employees Law students Law & legal affairs Law and legislation--Kentucky Law and legislation--United States Law libraries Legal education Libraries |
Location Depicted |
Louisville (Ky.) Jefferson County (Ky.) |
Date Original | 1966-12 |
Object Type | Newspapers |
Source | Various-sized print newspapers published by students of the University of Louisville School of Law. The print edition may be found in the University of Louisville Law Library or the University of Louisville Archives and Records Center. |
Collection | Law Library Collection |
Collection Website | http://digital.library.louisville.edu/cdm/landingpage/collection/law |
Digital Publisher | Law Library of the Louis D. Brandeis School of Law, University of Louisville |
Format | application/pdf |
Ordering Information | The publications digitized in this collection are the property of the University of Louisville School of Law and are not to be republished for commercial profit. To inquire about reproductions, permissions, or for additional information, email lawlibrary@louisville.edu. |
Rating |
|
|
|
A |
|
C |
|
F |
|
G |
|
H |
|
I |
|
J |
|
K |
|
L |
|
M |
|
O |
|
R |
|
S |
|
U |
|
V |
|
|
|