John M. Harlan Louis D. Brandeis
Louisville Law Examiner 
Volume I, Number 4
Bar Results
By Russ Crusott
A total of 120 U of L law graduates
took the July Kentucky Bar Exam. Of
those, 101 passed, or 84.1 per· cent. But
what is revealing are the academic
credentials of those 19 who failed.
The following statistics are those
available on the 18 recent graduates. The
mean Law School Admission Test
(LSAT) score for that group was 530.9 in
a range of from a high of 649 to a low of
392. Law School grade-point averages
(GPA's) spanned from a high of 2.5 to a
low of 2.0 (on a 4.0 scale), with the
average being to 2.197. The average class
rank of those available was 103 out of
125. Of the 18, six spent at least one
semester on probation.
Those failing also recorded an average
of 8.38 semesters to complete their law
studies. Of those graduates, seven of 18
took nine semesters or more to complete
school. The only graduate to complete
law school in the normal six semesters
was a Day student, whose education was
interrupted by two years of military
service; one Night student completed his
studies in the regular eight semesters
required to finish Night School.
News-In-Brief
Serving The University of Louisville Law School Community
Louisville, Kentucky, November 25, 1975 Circulation 3400
LSD Publication
Survey Finds Law
Resources Lacking
Dean James R. Merritt
Significantly, nine of the 18 mixed
night and day semesters. Graduates of the
Day division registered five failures, while
the Night School had four failures. There
were two repeaters from previous exams.
The most controversial figure is that
concerning summer graduates. Of those
l 0 graduating in July and taking the July
Bar, seven failed the exam. Commenting
on that figure, Dean James R. Merritt has
speculated whether it is not unfair to
allow a student to place himself in the
position of not allowing adequate review
time.
(Continued on Page 6)
By Russ Crusott
Dean James R. Merritt recently
responded to an article survey in the
November issue of the Student Lawyer
entitled "How Does Your Law School
Measure Up?" Commenting on U of L's
unimpressive ranking, Dean Merritt
explained that funding has been increased
since the publication's study and that
requests have been made for more faculty
positions, volumes and increased services.
The article, written by Charles D.
Kelso in an American Bar Association
Law Student Division (LSD) publication,
compared the resources (i.e., books and
teachers) of the member schools of the
Association of American Law Schools
(AALS).
Using six criteria based on 1974-75
data, a numerical score from one to eight
which corresponded to a ratio or
quantitative number was assigned in each
category. A lower mark represented
higher quality.
Dean Merritt said that for fiscal
1975-76 funding has been substantially
increased over fiscal 1974-75. Most of the
$200,000 budget inqease,, he indicated,
though, has gone for salary increases and
set-up funds for the new dean.
President James G, Miller's one time
shot-in-the-arm of $119,000 and the
remaining $150,000 in funds solicited by
the Law Alumni Foundation during the
library fund drive have been made
available for the library. The library is
currently spending $10,000 per month on
just books, bindings and supplies.
Dean Merritt stressed, however, that
"These are one shot, catch-up funds,
needed to bring in a new quality and
make up for the past neglects." If these
funds are used for the every day
expenses, he emphasized, their entire
purpose is defeated ..
He summed up that, "the on-going
budget is clearly insufficient."
Belle Ball Planned
The categories designated were: (a)
number of students; (b) student/volume
ratio; (c) student/faculty ratio; (d)
number of faculty; (e) faculty/volume
ratio; and (f) volumes in library.
The .Law School had an overall total
score of 29 (out of a maximum 48),
placing it at the group 5 (B) level (out of
seven possible groups), the same level in
which Salmon P. Chase Law School
ranked.
Dean Merritt expressed hope that the
current 3 5: 1 student/faculty ratio will
also improve. Presently there are 23
full-time professors and 19 part-time
instructors. An unfilled faculty position
exists which may be filled during the
December recruiting conference in
Chicago, he indicated.
A group of graduating law students
have organized to arrange a "Ball on the
Belle" party following Commencement
exercises next spring. The "Ball" to be
held in May on the Belle of Louisville will
be open to all law students, faculty and
administration. Tickets are now being
sold for $10 per couple. Any unsold
tickets by Feb. 1 will be made available
to friends, family and alumni.
Third-year student Malcolm Starr,
unofficial coordinator of the "Ball," said
the organizers have "felt for a long time
that the Law School needed a suitably
ausp1c10us social event to celebrate
graduation." He said that this is the "first
such attempt" at organizing such an
activity. "The Belle people need to have a
commitment by Feb. 1," he said, "hence
the reason for the early sales." ·
Ticket purchases are available through
the following students: Frank Stivers,
Debby Becker, Jeff Skora, Carol Kunk,
Del Bartlett, Kevin Smith, Ike Conley,
George Perry, Joe Hamilton and Tom
Mercer.
Registration
Although pre-registration has been
held at the Law School, students are
reminded that in order to make their
selections "official" they must report to
the Allen Courtroom to complete the
registration process on Monday, Jan. 5,
1976. Day students must register between
the hours of 9 a.m. and 3 p.m. Evening
students should report from 5:30 to 6:30
p.m.
Identification cards, Veterans' reports,
and schedules will be validated and
completed in the Registrar's Office in
Bigelow Hall. The process must be
completed on January 5.
Classes will begin on Tuesday, Jan. 6,
with book lists and classroom assignments
posted in the Law School.
PAD
The Fred M. Vinson Chapter of Phi
Alpha Delta Law Fraternity initiated nine
new members on Friday, October 31, in
ceremonies in the courtroom of Jefferson
Circuit Court Judge George Ryan. The
initiates include: Juanita L. Christian;
Anthony Elgin; Reid C. James; Ann B.
Price; Rex Dunn; Kathleen Cord; Kirk
Neidhardt; Douglas Lapidus; and William
Henderson.
Presiding over the initiation was PAD
Justice R. Ray Schindler. A party was
held afterwards at the home of PAD
member Alan Sears. '
Elections were held the following
Thursday, on November 6. Parvin Price
was selected as Justice, Larry Saunders
and Don Pearcy as Vice Justices, Reid
James as Clerk, Juanita Christian as
Reporter, Alan Sears as Marshall and Tom
Karageorge as Treasurer.
The University of Kentucky College of
Law, on the other hand, had an overall
total score of 18, placing it in Group
2(A), three points above New York
University Law School and four above
Vanderbilt, both considered prestigious
schools.
Our Thanks
The editors and staff of the
Louisville Law Examiner would like
to express their belated
appreciation to the Law School
Alumni Foundation for its generous
financial support.
Our gratitude is also extended to
the Law School's Student Bar
Association and the University
Office of Alumni Development for
the groups' support without which
publication of this newspaper
would have been impossible.
Delts
Delta Theta Phi Legal Fraternity
initiated four new members on November
7 in ceremonies in the Law School's Allen
Court Room. The initiates included: Greg
Burton, Terry Fox, Mike Hymson and
Roger Lindsey.
Elections were also held. Roger
Lindsey was elected Dean.
Dean Merritt has requested five new
faculty positions per year until a total of
40 full-time faculty members is achieved.
This would bring the Law School in line
with the recommended AALS guideline
of 15 students to every one faculty
member, once the student population is:
stabilized at 555. (Current enrollment is
over 700).
(Continued on Page 6)
On The Inside
Recent Grads Elected
to Political Office • • . • • • .. • . . • • • p. 3
The "Fat 8" versus Lean C . • • • • • . . • p. 4
Placement Series - Grads Find
Interesting Jobs . • • • • . • • • • • . • • • p. 5
Minorities Cite Problems • • • . . • . • • • • p. 6
Brandeis Bnef
On page two, Ohio State law student
Robert C. Tucker talks about Congre~
sional Legislation attempting to restrict ,
the disclosure of tu returns.
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l . . . .. . . .. . .. .. . . . .. .. . ... .. ~:.oUisVille.r:&~ t~inM~:November. is; 197.5:: .. .
fjouisuillr 14aw tExaminer
WILUAM B. BARDENWERPER
DONALD W. PEA1lCY Editor-in-Chief THOMASG.KARAGEORGE
AsJOCiate Editor
Peggy Bruce
News Editor Staff
Business Manager
Abraham Hoffmann
Photography Editor
LeeCalarie
Features Editor
David Bell
JamesFama
(}aig 1bielke
Douglas Lapidus
Articles Editor
Ruaell Cnllott
City Editor
Photographer
William Burkhead
Clwles Randall
Projects Editor
JudF MARUN M. VOLZ Advi:rory Board Prof. LESUE W. ABRAMSON
Editorial
''Fat B'' illusion
The article appearing herein on the
••Fat B" is not intended as a piece in
advocacy for a change in our present
grading system. Bit it should set one to
thinking just what an approach such as
Virginia's (and other prestigious law
schools) means to the ultimate
professional success of its graduates.
Asst. Dean Steven R. Smith suggests
that ••grades [at placed like Virginia] are
not meaningful to employers." Quite the
contrary, though. Interviewing fums are
literally flocking _to those schools in
numbers never before achieved. · Some
7500 interviews were conducted on the
Grounds of the Virginia Law School by
nearly 350 interviewing firms this past
year. This fall interviewers even had to be
turned away. Even more impressively,
students are gaining summer clerking
employment at weekly rates of $250+
leading to permanent positions upon
graduation with salaries pushing $20,000
per year. The jobs aren't going to law
review candidates alone, either, but to
students ranked in the middle of the class
and below.
Significantly, as mentioned in the
article appearing on page 4, prospective
employers are provided with neither
grade point average (GPA) nor class rank
of the student. The attorney sees only the
student's grades, most of which are
generally A's, some B's (if in the middle
of the class) and few, if any, C's. The
result is a pretty impressive record which
the student has to flaunt. His U of L
counterpart, on the other hand, must try
to impress the employer with a record of
B's and bevy of C's and maybe (if he's
lucky) an A or two. He doesn't have a
prayer.
Another distinct advantage of the
''Fat B" system is, as claimed by the
Virginia Law School's Education Policy
Committee, that it does not create
"student disincentives to take courses or
professors thought to be interesting or
stimulating but considered to be risky to
a student's overall academic record."
Maybe we don't have to worry about
such a phenomena here since C's . and
often D's are never in short supply. But
more than an occasional student has been
known to disappear to Night School
where the competition is alleged to be
less heated. And students might tend to ·
avoid Bar courses or shell out extra
dollars for a course during the summer
_sessionJ.n_or_dedo avoid a "tough grader"
teaching solely during the regular fall and
spring schedule.
It might be argued by the "Fat B" law
school faculties (and by a few
self~steemed students) that the grades
are inflated solely as a reflection of the
students abnormal intellect and unusual
promise. To be sure, not as much is
required academically of the entering U
of L student. But the students at these
schools already have their schools'
prestige names behing them; so why the
further and undeserved advantage?
The "Fat B" law schools are not about
to turn what is in fact proving a real
fringe benefit to their disadvantage by
popularizing their approach. But some
lesser schools such as Wayne State have
already .caught on to an extent, lessening
if only slightly the benefit Michigan
graduates have heretofore enjoyed in
monopolizing the local job market.
Granted, our competition here is not
as severe. But someday U of L graduates
may cease looking totally to downtown.
And even now in Louisville most of the
better jobs are going to graduates of the
"prestige" schools.
The whole point becomes one of
manipulating the facts to best serve your
purpose. Schools like Virginia seem to
appreciate this art. The effect may be one
of mere illusions. But U of L might
consider this, easing, if only slightly, its
students' job-prospecting burdens.
The _Louisville lAw Exa'!'iner is published every three weeks on Tuesdays dming the
_acadermc year except dunng holidays and examination periods in the interest of the
University of Louisville Law School community. The Louisville lAw Examiner does not
nec:e~Y express the views of the University. Editorial opinions are those representing a
rnajonty vote of the managing board.
~y article appear~ herein may be reprinted provided that credit is given to both the
Loursville lAw Exa1111ner and the author. Reproduction of a Brandeis Brief column,
however, requires written per,mission. Address aU communications to the Louisville lAw
Examiner, Room 109, School of Law Annex, University of Louisville, Louisville, Kentucky
40208, or phone: (502) 636-4858. Copyright 1975, Louisville Law Examiner.
Brandeis Brief
• Right of Privacy Series
Congress Works to Rein IRS
Info Flow; Legislation Pending
Robert Carl Tucker is a third-y-ear law
student at Ohio State University College
of Law. He is also a graduate of WiUiams
College.
Last spring, Mr. Tucker worked for
Senator Charles McC Mathias (R-Md.)
and followed the legislation to restrict
disclosure of tax return information
introduced in the U.S. Senate.
(This article was written exclusively
for the "Right of Privacy" series of the
Brandeis Brief.)
By Robert C. Tucker
Concern with the extent to which the federal government intrudes upon areas in
which Americans maintain a reasonable expectation of privacy has prompted Congress
to propose reform legislation designed to further limit the disclosure of Federal tax
returns. One commentator has wryly described the present confidentiality of tax
returns as preserved by a statute that has all the containing qualities of a sieve.
Few computer systems contain more sensitive or more extensive records than those
maintained by the Internal Revenue Services (IRS). As IRS Commissioner Alexander
stated before a House subcommittee earlier this year:
We have a goldmine of information in our tax system. We have more information
about more people than any agency in the country.
The events of the past several years reveal the frightening and real potential for
political abuse and victimization of individuals through the use of IRS records in an
unlawful manner. The Senate Watergate Committee, the House Judiciary Committee,
the 1974 Oversight Hearings of the Senate Appropriations Committee, and the Senate
Seled Committee on ..Jntelligence all uncovered numerous flagrant abuses of the
confidentiality of citizens' tax returns. No less than fifteen federal agencies, ranging
from the Securities and Exchange Commission (SEC) to the Department of
Agriculture to the Department of Justice, requested and received copies of returns
from the IRS in 1973; addition, present law permits the inspection of federal returns
by state and local tax officials as well as by numerous committees of Congress.
Last year alone the IRS provided information from the returns of 63 million
taxpayers to their home states and made the returns of 8,210 taxpayers available to a
dozen federal agencies. Clearly such widespread disclosure of an individual's fmancial
records invites misuse by those with access to the information. In 1973 the IRS
investigated ftfty-eight cases in which there were alleged to have been illegal disclosures
of tax return information to outside persons; in 1974 the number jumped to 103, and
at the end of only three months in 197 5, the figure had already topped 109. The
Nixon tapes reveal the alarming abuse of tax information within the White House,
while recent disclosures of the use of tax information by the CIA and the FBI to
harass and diSrupt the ·fund-raising of Martin Luther King's Southern Christian
Leadership Conference in 1964 illustrate how the availability of return information to
law enforcement agencies can be abused.
The debate within Congress concerning access of the various agencies to tax
information collected by the IRS necessarily centers upon the ~nderlying function of
the IRS. A convincing argument advanced by the sponsors of legislation limiting
disclosure accepts as a basic premise that Congress intended the IRS to operate solely
as a revenue collecting agency; it follows therefrom that information included by an
individual in his return should go no further than the Department of the Treasury,
except in the case of disclosure to the Justice Department for tax enforcement. On the
other side, proponents of disclosure cite the expense and inefficiency that would
necessarily result should the agencies have the IRS cut off as a source of information;
they reason that privacy interests must be balanced against compelling and legitimate
law enforcement and agency needs.
Both sides agree, however, that our unique tax mechanism of self-assessment
requires the confidence of Americans in the basic integrity and fairness of government,
a confidence perceived by many to be on the wane. Senator Montoya, a sponsor of
several pieces of legislation to liptit disclosure, believes that Americans "conjure up
visision of a secret police group more commonly associated with authoritarian
governments" when dealing with the IRS. No doubt exists that governmental intrusion
into areas of privacy reasonably assumed by Americans to be inviolable has sown the
seeds of a malaise into American life - the apprehension that "Big Brother" watches
all and the resultant chilling effect on individual action that such a fear breeds.
The statutory limitations upon the disclosure of tax return information are now
embodied in 26 U.S.C. Section 6103 and its coordinate enforcement :section 26
U.S.C. Section 7213. Generally speaking, Section 6103(a) makes tax returns a matter
of public records, open to inspection, however, only upon order of the President and
under rules and regulations prescribed by the Secretary of the Treasury and approved
by the President; the applicable regulations are set forth in 26 CFR Section 301.6103
et. seq.
(Continued on Page 7)
3
Election '75
of L Law Grads Taste Victo
By Chuck Randall
Law School Alumni were well
represented by young graduates who
sought political offices in the recent
election campaign. Candid comments
were solicited from five victorious
candidates about their experience at the
Law School, their years since graduation,
and their beliefs as to how the Law
School might improve its services to
better prepare the student as a future
public servant.
David Armstrong
David L. Armstrong, 34, elected
Commonwealth Attorney, began his
political involvement in Jefferson County
while in law school. He served as the Law
School representative in the University
Student Senate, was Dean of Delta Theta
Phi, in 1966 was an election day worker,
and served as an editor of the Louisville
Lawyer.
Coming to Louisville from Arkansas,
Mr. Armstrong and his wife cultivated
friendships both within the Law School
and in the community, and soon
developed deeper roots in Louisville than
many who have spent their lives here.
Working at the library desk, Mr.
Armstrong was greeted one day by
Wendell Ford, who was then seeking the
governorship, and was asked where the
students were. So Armstrong escorted
Ford around the campus and
subsequently worked in his campaign.
Upon graduation, Mr. Armstrong,
although "dead broke," declined an offer
to work in a prestigious local firm where
he would not have handled his own cases
for a year. Instead he secured appointive
cases from judges, took collection cases;
and handled extra work from other
lawyers. Within six months he had
developed a reputation for thorough and
consciencious work and was making his
own way.
Shortly thereafter he was appointed
Police Court prosecutor apd later held the
appointive positions of juvenile court
judge and administrative law judge
successively. Concurrently he has
developed a civil practice which presently
employs two attorneys.
Through law school courses such as
Legislation and Administrative Law, Mr.
Armstrong became more aware of the
legal profession's influence in
government, and how the two are
intertwined. While the activities he
participated in were political as well as
social in nature, he said that "law school
is not a proving ground for politicians."
He contends that law school teaches the
student a philosophy and can make him
idealistic, but politics quickly brings him
off that idealistic throne.
In dealing with a wider spectrum of
people in the political world the art of
compromise becomes crucial. He adds,
"you find that people may not like many
of your ideas, and that you have to blend
the idealism with realism to accomplish
things."
As commonwealth attorney, Mr.
Armstrong believes that the law school
could contribute to greater quality in
public servants by developing a post
graduate program in the form of a
judiciary college which would train judges
and prosecutors. He cites the presence of
the Brandeis collection and the Brandeis
philosophy of relating law to social
realities as reasons why this would be a
good location for initiating such a
concept.
George Siemens
At 25, George R. Siemens, Jr., is the
youngest leg isla tor in Frankfort.
Although he is a May I 97 5 graduate, he
has been involved with the legislature for
a number of years. As an undergraduate,
he participated in a legislative internship
program in Frankfort.
Mr. Siemens comes from a politically
active family, his father having served as a
legislator for 1 0 years. While in law
school he read and summarized legislation
for his father, in addition to writing most
of the elder Siemens' bills. Mr. Siemens
found himself too busy with politics and
campaigns to become involved in law
school activities.
When his father resigned his seat to
take another job a year ago, several
expressed interest in the vacated seat,
then decided against it, and so Mr.
Siemens ran and won the special election.
Having grown up in his district with
politicians he has known for 15 years, Mr.
Siemens emphasized. that he "didn'tjust
walk onto the scene." He has known most
of his constituents for some time.
Mr. Siemens said that although his
opponent made an issue of his age, the
criticism was counter-productive,
especially with older people who didn't
appreciate the age argument and wanted
to give the young man a chance.
Mr. Siemens maintains that a law
background doesn't give him an edge with
I
(;:l
voters, but the fact that he has an
education does. He points out that many
good legislators are non-lawyers.
However, he said that his legal education
helps him better understand bills and
their language. Courses in Workman's
Compensation and Property Law have
proved most helpful since Mr. Siemens is
presently involved with legislation in
those areas. The young legislator
commented while his legislation class was
"nice," it has had no practical usefulness.
Recognizing that legislators could
make more use of law students, Mr.
Siemens suggests that because legislators
have some 1,300 to 1,400 bills to read,
students could read and summarize them,
and assist in drafting bills and
amendments which legislators could then
present to the Legislative Research
CommisSion. Jefferson County politicians
would, ·in Mr. Siemens opinion, welcome
such an innovation.
Creighton Mershon
Creighton E. Mershon, 33, has been
reelected to the Board of Aldermen. In
law school, he was affiliated with the
Journal of Family Law and was in a
fraternity.
While working for the Attorney
General in Frankfort during the summer
following his second year he met people
who enhanced his political interests and
his involvement in politics increased.
Fellow law students also encouraged Mr.
Mershon's political involvement. He
worked with the McCarthy for President
people who were then involved in the
reorganization of the Democratic party.
The "New politics" was to change
legislative district chairmanships and
inaugurate the open primary system. Mr.
Mershon worked for Judge Todd
Hollenbach and in Frank Burke's mayoral
campaign. Upon graduating he joined a
large local (irm, and shortly thereafter
was asked to work for newly elected
Mayor Burke as a special assistant.
Subsequently, he ran for alderman on the
ticket with current Mayor Harvey Sloane.
Politics go "hand in glove" with law in
Mr. Mershon's estimation, and it is
important for a young lawyer to be
interested in politics. He stresses that
attorneys often have to advise clients
about government and new legislation.
And because government involves law, law
school provides an appropriate
background for politicians as well as
lawyers. As voters are taking more time
to assess the qualifications of political
candidates, Mr. Mershon believes
experience in law is becoming an
increasingly important consideration.
Skills in speaking and writing are
essential whether a lawyer is representing
a client or a constituency, said Mr.
Mershon, and he feels that the moot
court program provides effective
development of skills in articulating
another's needs and positions. He adds
that law school becomes a selection
·procedure as well as a training ground for
lawyers.
Law school, according to Mr. Mershon,
can provide a future politician with
important contacts. For students
interested in city politics, clerking for the
city law department is advantageous, he
adds.
David Karem
David K. Karem, 32, elected to the
state senate, has long been active in
politics. He began assisting his mother,
who was a precinct captain, during his
undergraduate school days. At age 22, he
became a precinct captain himself, and
was active in district politics.
As a married man working evenings at
a restaurant while in law school, Mr.
Karem had little time for the school's
extra-curricular activities.
During his second year in law school,
he decided to run for the House. Mr.
Karem entered a three way primary race
for the Democratic nomination. A
lengthy newspaper article on the other
two obscured his candidacy, but after an
intensive door-t<rdoor campaign, he
finished a strong second. Through he
campaign he gained new friends and
moved up in the party.
In 1 971 , he ran unopposed in the
priniary, and won the general election
with another door-to-door effort. When
the democratic senator from Karem's
district declined to seek reelection this
term, Karem decided to run for the seat.
An opponent filed against him in the
primaries, but most precinct captains
were already committed to Mr. Karem.
Mr. Karen believes that a law
background doesn't necessarily make a
person a better politician. A major part of
a politician's job involves being a voiee
for the people he represents, he says, and
one doesn't have to be a lawyer to do
that. Nonetheless, he thinks many people
believe legislators ought to be lawyers,
considers it a better· label, and finds it
(Continued on Page 8)
4 ,LQqjsy;ille Law. ~:p.ntiner, November 25,.1975
' ' Fat .B's'' Feast on Favorable
Future Lean C Seeks Leftovers
By Douglas Lapidus
and Bill Bardenwerper
As an above-average student, you
should. have . a grade • point average
(G.P.A.) of about 3.40 by the end of
your second year of law school. Most of
your peers will have never received a "C"
in any course, and certainly none with
·whom you would wish to associate have
received a "D" or worse.
Sound strange? Not if you are a
student at one of the more prestigious
Eastern law schools, the University of
Virginia (U.Va.) for example. Although
the traditional grading system ("A"
through "F") does exist there (with
pluses and minuses placed on the
transcripts), since 1972 the faculty has
utilized a general gradjng guideline which
recommends grading along a "B" curve.
Prior to that year, Virginia was on a
three-passing grade sy!;tem (High-pass,
Pass, Low-Pass and Fail) which was found
to be unsatisfactory. Recognizing the
various competing interests in the
formulation of any grading system, a Law
School Educational Policy Committee
memorandum to Virginia's Faculty
suggested that grades create
student disincentives to take courses of
professors thought to be interesting or
stimulating, but considered to be risky to
a student's overall academic record." The
memorandum then articulated a
suggested policy of grading which placed
heavy reliance on a "B" balanced curve.
The memorandum stated that this
system had the added advantage of
breaking up the student body into smaller
grading segments, which ostensibly reflect
a greater accuracy in reflecting academic
performance. ·
What the t:ommittee hoped to achieve
was a method by which the school could
identify students not worthy of
graduation and also having enough
specificity "to encourage conscientious
student course work. . . " The
Committee further believed that the
system would be "inclusive enough to
persuade employers who want to use
grades in employment decisions that it is
worth their while to visit the school.
Finally, the Committee added that such a
system was neither so specific nor so
inclusive as to create such a competitive
atmosphere that even good students
would make course and professor
selections on the basis of likely impact on
their grades, rather than on the basis of
their interest in the teacher or course."
In a follow-up study dated May 4,
1975, the Student Curriculum Committee
reported that there was little evidence to
indicate that the grading guidelines (as
presented in the Educational Policy
Grade Transcript
Third-Year Student at U.Va. Ranking in Upper Middle of Class
FIRST YEAR
Course Title Hours Credit Grade
Civil Procedure 3 B
Contracts 3 B+
Legislation/ Administrative Law 3 B+
Property 3 A-Torts
3 B+
Civil Procedure 3 B-Contracts
3 B+
Legislation/ Administrative Law 3 B
Property 3 A
Evidence 3 B
Legal Writing 2 A-SECOND
YEAR
Constitutional Law 3 B+
Criminal Law 3 B+
Law & Medicine 3 A+
Trusts and Estates 4 A-Criminal
Procedure 4 A-Family
Law 3 B+
Fed. Income Tax I 3 P/F
Law & Psychiatry 3 A
Legal Philosophy 2 A+
CUMULA'I'IVE GRADE POINT AVERAGE (GPA)------ 3.42 (on a 4.0 scale)
Committee's 1972 Memorandum) were
being followed . As an example, the report
stated that 16 of the 1 7 first year courses
which were outside the guidelines gave
fewer "B minuses" than recommended.
Looking to the upperclasses, the report
noted that "all those outside the guides
gave less than the suggested percentage of
'B minuses. . . and, in all but a few
cases, 'C', 'D', and 'F' were used
infrequently."
The report noted, however, that any
variations were for the most part within a
very narrow range of grades, i.e., "A
minus, "B plus" and "B."
0 ne up per classman recently
commented that "The students here (at
Va.) are very pleased with the system, on
the whole. They benefit greatly in the
interviewing process because most
interviewers are more concerned about
seeing a lot of 'A's on a transcript than in
figuring out where that student stands in
his class. "
Significantly, cumulative grade point
averages and rank-in-class statistics are
not computed by the University of
Virginia Law School. Thus, the only
information which a prospective
employer will see regarding a student's
academic performance will. be the grades
earned in each class of which very few, if
any, will be below the "B-minus"
category.
Reacting to the Virginia grading
statistics, Assistant Dean Steven R. Smith
said "This is a prime example" of grade
inflation which has been hitting the law
schools. It reminds me of graduate school
distributions."
Mr.Smith added that"The students get
hurt with this system The grades are not
meaningful to employers, who must then
make determinations on totally irrational
criteria such as race, sex, connections, or
first impressions."
Other prestigious law schools are also
apparently using the high grading .system.
Wayne State University's law
newspaper, The Advocate, recently
endorsed higher grading norms so that
Wayne graduates could "more effectively
compete with Michigan. . . " Michigan
reportedly grades on a "B" curve.
Informality seems to be the
cornerstone of the grading system at U
of L Law School. Dean Smith said that
"There is no stated curve here. For the
newly-hired professor who needs
guidelines, consulting with other
professors is usually the method."
Grade Transcript
Third-Year Student at U of L Ranking in Upper Middle of Class
FIRST YEAR
Course Title Hours Credit Grade
Civil Procedure 3 c
Contracts 3 c
Property 3 B
Torts 3 A
Criminal Law 2 c
Civil Procedure 3 B
Contracts 3 c
Property 3 c
Torts 3 A
Criminal Law 2 c
SECOND YEAR
Constitutional Law 2 B
UCCI 3 B
Domestic Relations 3 B
Taxation I 3 c
Evidence 4 c
Constitutional Law II 2 B
Corporations 4 B
Admiralty 3 B
Trial Practice 2 B
Taxation II 3 B
CUMULATIVE GRADE POINT AVERAGE (GPA) - ·-- · • 2.53 (on a 4.0 scale)
By Don Pearcy
and Peggy Bruce
In the third installment in its series on
placement, the Louisville Law Examiner
solicited remarks {rom six recent
gradwtes of the Law School, concerning
their jobs, how they got them and what
factors were _instrumental in their
selections.
Those graduates interviewed attest to
the fact that a young attorney can begin a
legal career of his choosing and in varied
settings without resorting to a "firm
downtown."
Douglas .Myers
Upon graduation, Doug Myers was
"not ready for the big firm setting" yet
didn't know just what he did want to do
with his law degree. It was brought to his
attention that the newly elected Justice
to the Kentucky Court of Appeals,
Marvin R. Sternberg, would be in need of
a clerk.
Mr. Myers explained that it was
through a combination of an interview
and a recommendation of Assistant Dean
Steven R. Smith that he was able to
acquire the position. The requirements
for the job were not based strictly on
grades but on such factors as writing
ability, pre-law work, ·academics and
personality, explained Mr. Myers. He
further said that the Court of Appeals
justices prefer law students with a good
academic background and do not hire for
political reasons.
Mr. Myers stated that a clerkship is a
one year appointment (usually September
to September), but since Justice
Sternberg took office in the middle of
that period, Mr. Myers has the option of
serving beyond the one year period.
Mr. Myers expwnea mat atthough
the work is enjoyable, he is "anxious to
go on." He said that the benefits tend to
diminish after the first six months.
As to his duties, Mr. Myers explained
that the duties tend to vary from justice
to justice. Mr. Myers reads briefs,
researches cases, and prepares memos. He
said that the clerk should try to make the
memo "as good as an opinion" because
often times the justice will use the memo
with very little (if any) change from that
as prepared by the clerk.
LouiSvilie Law E'iaminer; November 25) 1975.
Placement Series
Legal Roots: Law
Careers Grow
After discussion of the case, it goes to
a "division" of judges, consisting of two
justices, a commissioner, and a clerk for
each. Here they are further discussed
before being decided by all of the
justices. Mr. Myers stated that the bulk
of the work is done in these divisions.
Mr. Myers said that very few cases are
orally argued because of the sheer bulk of
the case load, but, he concluded that this
will probably change with the institution
of the Kentucky Supreme Court which is
to be created as a result of the judicial
reform.
Marcia Koebbeman
Marcia Koebbeman visits Federal
Circuit Judge Charles M. Allen's
courtroom and chambers several times
each day for consultation. But it is for
her own "enlightenment," rather than for
the defense or prosecution of her client.
Ms. Koebbeman is currently employed
as Judge Allen's clerk, her initial legal
position after graduation from the Lav
School. As valedictorian of her 1975 Law
School graduating class, Ms. Koebbeman
sought a position in the field of
environmental law. However, tnrough
another law student, Ms. Koebbeman
heard that a federal clerkship was
available. The position required a great
deal of research, which she enjoys, so
upon selection she took the job.
Although the position can last no
longer than two years, Ms. Koebbeman
feels that in her capacity as law clerk to a
federal judge, she will have the
opportunity to learn the mechanics of the
federal government.
Clerking for a federal judge has also
given Ms. Koebbeman the chance to
scrutinize the briefs of attorneys who
appear before Judge Allen. This
experience "helps you learn research
before you're expected to do it," · she
explained. Her own research on the case
is often followed by a recommendation
of how the case should be decided. "But,
she explains,"Judge Allen does his own
thing" with regard to actual
decisions.
Laura Jones
As a May 1974 graduate, Laura Jones
sent out resumes a year prior to
graduation. But her position as a
corporate attorney with Standard Oil
Corporation is the result of her inquiry
regarding a note on a bulletin board in
the Law School.
Although Ms. Jones sent an
application to Standard several months
before her interview, the correspondence
. stirred no response. When she saw the
note announcing an opening with
Standard Oil on the bulletin board, Ms.
Jones called and arranged an interview.
As Ms. Jones discovered two weeks later,
the interview was a success and Standard
offered her the position.
At the time, Ms. Jones had an offer to
practice with a private firm in Louisville.
- With a 4 year old son to consider, Ms.
Jones felt that the position with a
corporation would allow her more time
with her son.
Although her job is demanding, Ms.
Jones leaves her work behind at the office
at the end of the day. The security of a
salary was attractive to Ms. Jones, who
claims her present salary probably
exceeds the earnings of her classmates
who have been in private practice since
tlteir graduation.
As a corporate attorney, Ms. Jones
works with other Standard Oil attorneys
in anticipating possible law suits, or
anticipating aspects of an on-going suit.
Since the company monitors legislatures
for laws relating to the oil industry, Ms.
Jones is responsible for gathering
information on consumer legislation, a
job which will take her to Tampa,
Florida, and Atlanta, Georgia in
November.
s
At any conscientious corporation,
there are no "glamour positions," Ms.
Jones insisted. "You must indicate your
readiness to work and be on your toes,"
she explained.
Bill Radigan
Just six months out of law school, Bill
Radigan has been named Assistant Public
Defender at Frankfort, Ky. In Mr.
Radigan's words, he is an assistant "grade
one" which is at the "bottom of the
heap."
According to Mr. Radigan, his father is
the senior partner of a prestigious 13 man
firm in Arlington, Virginia. His father had
set aside an office in anticipation that his
son would practice with him when he
graduated. Mr. Radigan explained that
rather than taking that position, he opted
for the much lower paying job of state
public defender because it is more to his
liking and philosophy. "My father thinks
I'm a nut for not taking a chance like
that," he said, "but he has respect for my
decision."
Mr. Radigan began his career with the
Public Defender while still in law school,
commuting to Frankfort two days a
week. He was awarded his full time
position by "persistance." Grades were
not of primary importance.
Mr. Radigan explained that his job
consists of 75 per cent appellate work and
25 per cent trial practice. He concluded
that he enjoys his work so much that he
could consider making his career that of a
public defender.
Kathy Hodge
Kathy Hodge decided to go into
private practice right out of law school.
She explained that she did interview with
several firms but really preferred the idea
of her own practice. She said the idea of
being her own boss was appealing. "I can
do what I want to do, when I want to do
it, with limitations, of course."
(Continued on Page 8)
GRADE DISTRIBUTION (PERCENTAGE) GRADE DISTRIBUTION (PERCENTAGE)
Fall Semester 1974 FaD Semester 1974
The Univenity of Virginia law School The University of Louisville law School
Course A's D's C's D's F's P/F Course A's D's C's D's F's P/F
Criminal Law 43.0 56.0 1.0 0.0 0.0 Criminal Law 1.7 34.1 44.9 12.5 6.8
Evidence 42.0 55.0 1.0 0.0 0.0 2.0 Evidence 13.2 34.7 40.7 8.4 3.0
Family Law 20.0 74.0 4.0 0.0 0.0 2.{) Domestic Relations• 13.5 34.6 40.4 11.5 0.0
Federal Income Tax 25.0 68.0 2.0 0.0 0.0 5.0 Federal Income Tax 1.3 8.8 22.6 7.5 1.9 57.9
Juvenile Courts 53.0 44.0 0.0 0.0 0.0 3.0 Law, Language, & Ethics 7.4 25.4 48.5 10.2 8.5
Legal Philosophy 61.0 36.0 0.0 0.0 0.0 3.0 Decedents Estates 5.6 39.8 48.0 5.1 1.5
Trusts & Estates 40.0 56.0 0.0 0.0 0.0 4.0 Constitutional Law I 10.5 37.1 37.9 9.7 4.8
Constitutional Law 36.7 56.2 5.7 1.4 0.0
Civil Procedure 6.1 27.8 55.6 6.4 4.1
Civil Procedure 26.9 66.1 4.6 1.8 0.6 Contracts 4.8 4.7 55.8 4.1 0.6
Contracts 35.6 62.8 1.0 0.6 0.0 Property 7.9 29.6 49.8 8.9 3.8
Property 37.0 58 ~ 0 4.0 1.0 1.0 Torts 12.6 37.5 43.0 5.2 1.7
·Torts 32.8 64.0 2.57 0.06 0.03
*Offered Spring, 1975
CAVEAT: The grade distribution provides for pluses and minuses, but for the
purpose of comparison they were grouped together under a single
letter grade classification.
-
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6 Louisville Law Examiner, November 25, 1975
Minorities Seek Opportunities Through Law;
Cite Many Problems In Legal Education
By Lee Calarie
(This article is the second of a
two part series dealing with the
problems encountered by minority
students in entering the legal
profession. The minority
admissions process was discussed in
the last issue. This installment looks
at the problems faced by minority
students once admitted.)
The first black student was
admitted to the Law School in the
early 1950's. For the next twenty
years only a few minority students
were enrolled in each class. Only
since 1970 has a significant number
of minority students been enrolled
at U of L.
Currently there are 31 !Jlinority
students out of a total of 701
students ( 4.5 per cent) at the Law
School. Thirteen of those students
attend the day division composed
of 484 students, a~<J . l8 attend the
Edwin Lest«
night division composed of 217
students. There are 30 black
minority students; the other is
Oriental.
Several black students were
questioned as to their views of the
problems facing minority students
in Jaw school. Those interviewed
were second year student Edwin
Lester, chairman of the Black
American Law Student Association
(BALSA) ; second-year student
Mitchell Payne, acting head of the
Black Affairs Office of the
University; third-year student
James Marshall; and first-year
student Jacqueline Ponder.
Mr. Lester explained that
BALSA is a national organization
for black law students developed in
the late 1960's. One of BALSA'S
prime goals is to increase black
enrollment in law schools. The U of
L chapter was started four years
ago. The group meets monthly and
has initiated a tutorial program as
one of its main services to its
members. Mr. Lester noted that
BALSA is presently seeking funding
through the University.
The consensus of those
interviewed was that not enough is
being done for minority students at
the Law School. Although
enrollment has increased, a lack of
acknowledgement by the Law
School of minority student
problems was cited.
Mr. Paine indicated that getting
through law school is a case of
"individual survival." He indicated
that many blacks are married and
hold full or part-time jobs that add
to the burdens of law school.
Because blacks have little
exposure to the legal profession,
Mr. Lester said there is "no
awareness that the opportunity is
available." Civil rights work and
educational opportunities have
been the primary contact points for
many blacks.
Although many white students
come from a long line of family
lawyers, most blacks are the first of
their family attending law school.
Mr. Lester noted that because of
limited educational opportunities,
many blacks have to prove
themselves in positions of
responsibility (jobs, graduate
school, etc.) in order to gain
admission to law school.
Several areas presented special
problems according to the group.
Lack of a positive program by the
Law School to increase enrollment
was one. Positive steps are needed,
according to Mr. Lester, in order to
• provide "equality in education."
Lack of a black faculty member
and the absence of courses directed
towards minority problems in the
legal field were also cited as areas
that need attention.
The group felt that most
students are unaware of the special
problems blacks face in law school.
Mr. Lester stated that although
some professors appreciate the
problems blacks face in law school,
!Survey Results I !Bar Exam I
(Continued from Page 1)
As of July l this year, the library
housed some 73,907 volumes. This
number included those books still housed
in the Reynolds warehouse building.
However, once the basement level is
vacated in the administrative offices, the
library capacity will swell to 88,000
volumes Dean Merritt observed. Though
he requested a 200,000 volume capacity
library while in the planning of the
recently constructed facility, he said, the
present space will be completely utilized
by 1978.
Dean Merritt emphasized that the need
to plan new Law School space this
biennium instead of the next is therefore
critical. He hopes to get the Law School
immediately into the University's 10 year
plan which might give its needs more
attention.
(Continued from Page 1)
He is reluctant, however, to absolutely
forbid that student from taking the first
available Bar Exam. As he indicates, the
problem is one of "the chicken or the
egg" dimensions. He doesn't know
whether those summer graduates failing
the Exam did so as a result of their
summer studies or because that they were
in Summer School as they had performed
poorly during the regular term.
Concerning the fact that most of the
failures were in the bottom 1 0 percent of
the class, Dean Merritt said he does not
want to be like the railroad which, noting
that most personal injuries occured in the
last car, decided to take the last car off
each train.
He indicated that he would take up
the figures with the faculty to try to
discover "why did this kid get here?"
this appreciation does not extend
to every professor. Some professors
are avoided because of the way
they grade black students' exams.
Even though the law school has
been plagued with problems, Mr.
Lester thought that in the past
blacks were "always last to be
looked at." He felt this should be
corrected.
Mr. Marshall said there are not
enough black lawyers, hence there
is a "wide area in which to prove
yourself' as a black lawyer. He also
said that a black attorney could be
a "motivative force in the
community." Ms. Ponder added
that there is a need for "black
lawyers for black people." She felt
that a black lawyer's job was like
"one person tilting windmills."
Mr. Lester indicated that law
"opens up political opportunities"
for blacks. He stated that the legal
profession can put "blacks in
positions of making and interpreting
the Ia w." After graduation blacks
face the additional problem of
choosing between a well paying job
in a large corporation or the self
satisfaction gained by working in
the black community.
Dean James R. Merritt stated
that blacks are treated like other
students at U of L. Because the
"same legal skills are required" of
all lawyers, all students are basically
treated alike in law school, he
indicated.
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Dean Merritt noted several areas
in which black students received
special attention. He said the black
applicant who meets the minimal
requirements for admission is
usually given preference over the
white applicant whose application
shows similar qualifications because
of cultural deprivations the black
faces. Financial aid was also an area
cited by Dean Merritt where blacks
have received generous treatment,
although the need is generally
greater.
The small number of black
applicants was attributable in part
to the small number of black
college graduates according to Dean
Merritt. He also indicated that since
opportunities in all fields of
endeavor are better than ever for
blacks, the idea of spending three
more years in school was
discouraging to some blacks. The
Dean noted that two years ago
black students from U of L toured
state colleges to encourage blacks
to enter law school but were
disappointed by the lack of
interest .
Dean Merritt said that unlike
undergraduate school there was no
trend towards an ·area of black
studies in law school. Even areas
such as poverty law are losing
attention across the country, and
black students at U of L haven't
been overly interested in the
courses offered here. Dean Merritt
said U of L has been seeking a black
(Continued on Page 8)
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Congress Strives to Stem
Tax Return Disclosures
(Continued from Page 2)
.;
Section 6103(b) permits inspection by the states, upon request of the governor, for
purposes of state and local tax enforcement. Section 6103(c) entitles shareholders to
examine corporate returns, while section 6103(d) authorizes inspection of returns by
various Congressional committees. Section 61 03(f) compels the Secretary or his
delegate to reveal to any inquirer whether or not an individual filed a return for a
particular year.
Section 7213(a) imposes penalties upon any federal officer or employee who makes
an unlawful disclosure of tax information and upon any person who unlawfully prints
or publishes tax return information. Section 7213(b) imposes corresponding penalties
upon officers or employees of the states.
Congressional Bills Introduced
Over the past eighteen months, Congress has had introduced before it in excess of
twenty-five bills, varying in formutation,yet all designed to limit the disclosure of tax
return information. The Subcommittee on the Administration of the Internal Revenue
Code of the Committee on Finance conducted hearings in April, 1975, on bills
introduced by Senators Weicker and Bentsen; the hearings have spawned further
proposals from Senators Montoya, Magnuson, Dole and a host of other legislators, bills
presently being considered by committees in the House and Senate. For purposes of
illustration, let us exanline one such program, S.199 introduced by Senator Weicker
last spring, and the subsequent cirticism voiced by a number of federal agencies and
Departments.
S.199, co-sponsored by twenty-seven Senators, eliminated the provisions for
making return information public records. The bill intended to limit the use of tax
returns to the purpose for which the taxpayer filed the return - the reporting of his
income for the purpose of assessing a tax against himself. The only persons to whom
tax information could be released were: (1) the taxpayer himself, (2) officers and
employees of the IRS and the Department of Treasury, (3) the Department of Justice
solely for the purposes of administration and enforcement of the tax laws, ( 4) state
tax officials, upon written request of the agency head, solely for tax purposes, (5) the
Joint Committee on Internal Revenue Taxation, and ( 6) in certain circumstances and
under certain conditions, the President.
Furnishing Information
The Commissioner could furnish information derived from the returns to the Social
Security Administration and the Railroad Retirement Board. Upon request of the head
of a federal agency, the bill authorized the Commissioner to furnish statistical studies
and information dervied from the returns to the agency, except that no information so
furnished could disclose the identity of any taxpayer, and the information had to be
compiled by the IRS. S.199 also amended Section 7213, making unlawful disclosure a
felony and increasing the maximum penalties to $10,000 and five years imprisonment.
Senator Weicker quite candidly admitted that he anticipated howls of protest from
the agencies - and he received them. The Department of Justice testified before the
Subcommittee that the proposed legislation would unduly restrict the availability and
use of tax information in criminal investigations and prosecutions not involving the tax
laws. Present law provides for returns to be open to inspection by the Justice
Department where necessary in the performance of official duties. Copies of returns
may be furnished to the Justice Department without the necessity of written
application if the controversy involves the enforcement of the tax laws. In all
proceedings before a United States grand jury, or in litigation in any court if the
United States is interested in the result, or for use in preparation for such proceedings
or litigation, returns may be furnished upon written request to the Commissioner. See
26 CFR Sections 301.6103(a)-l(g),(h).
Justice Dept. Complains
The Justice Department propounded that the legislation's restrictions upon the use
of returns rendered the enforcement of laws against corruption and organized crime
practically impotent. While the sponsors of the bill clearly intended to divorce the IRS
from the remainder of the federal investigative community, the Justice Department
argued that such a severence lessened the investigative efficiency of the federal
government. The Department adopted the position that the IRS serves not merely as a
revenue collecting agency; when weighing the right to privacy against efficiency in
governmental investigation, Justice found S.199 tipped too far in favor of privacy.
The Justice Department was not alone in its condemnation of the bill. The Bureau
of Census and the Bureau of Economic Analysis, both within the Department of
Commerce, vigorously contended that enactment of S.l99 would materially
deteriorate the reliability of critical economic tools like the GNP, force the
discontinuation of current economic indicators, and increase the costs of inferior
statistical and economic analysis. The Commerce Department cited the non-existence
of a single abuse of tax information turned over to these essentially
statistically-oriented agencies. Furthermore, provisions which permitted the
compilation by the IRS of statistics for the Department failed to serve as a workable
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substitute for direct access by the Bureaus to selected tax return information. The
indispensible nature of the statistical studies justified. tipping the balance away from
privacy and toward dissemination.
While criticisms advanced by the proponents of disclosure appear persuasive and
responsible, undoubtedly they also reflect the fact that the legislation limiting the
dissemination of returns pricks an agency nerve of self-interest. Examples abound of
the difficulty encountered by Congress when attempting to enact legislation restricting
an authority already granted. For years the Bureaus of Census and Economic Analysis
solicited directly the saine information derived from tax returns, yet the Bureaus now
fmd the direct canvas method to be burdensome and "unnecessarily" duplicative.
Legislation introduced subsequent to the Subcommittee hearings has attempted to
mollify agency apprehensions in various ways. Senator Weicker's revamped bill, S.
2380, provides for disclosure to certain specified agencies but only if the Secretary is
satisfied that established procedures have been implemented to prevent disclosure of
return information. Senator Magnuson's S. 2342, Senator Dole's S. 2324, and Senator
Montoya's S. 1511 permit the Justice Department access to an individual's tax return
for non-tax investigation upon securing a warrant issued by a judicial authority
following a showing of probable cause. Certainly privacy interests outweigh the
dissemination of tax information where the Department of Justice is unable to put
forth evidence of probable cause to believe that a criminal offense has occurred; the
fourth amendment guarantees no less.
Problems exist - and will continue to exist - as Congress attempts to formulate
legislation to restrict access to tax information. It remains unclear, for example, how
the proposals will mesh with the Freedom of Information Act, legislation designed to
open, not close, the doors of government.
Yet the time has arrived for procedural reform of our tax laws; Justice Douglas
some years ago emphasized the importance of procedure when he stated:
It is not without significance that most of the provisions of the Bill of Rights are
procedural. It is procedure that spells the difference between rule of law and rule by
whim or caprice. Joint Anti·FacistRefugeeCommittee v. McGrath, 341 U.S. 123,179
(1950) (Douglas, J. concurring).
The procedural guarantees of the Bill of Rights reflected the experience of the
Cons~itutional framers with governmental excesses. The legislation designed to
restnct the dissemination of tax return information reflects our recent experiences
with governmental excesses as well.
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,( 8 Louisville Law Examiner, November 25, 1975
Election '7 5
(Continued from Page 3)
helpful in discussing, negotiating, and
arguing for a bill.
Because many lawyers are going to be
involved in some kind of legislative
drafting sometime in their careers, Mr.
Karem suggests that the Law School
might do more in conjunction with
seminars on legislative drafting. He also
said that the Law School ought to offer
some practical psychology training to
enable students to better deal with
clients. This would also benefit future
public servants·. Mr. Karem noted in this
regard that there is now a trend in
medical schools to develop a student's
ability to handle patients.
Robert Benson
Robert P. Benson, Jr., 33, has been
elected to his second term in the state '·
legislature. When his involvement with
the Young Democrats began in Law
School, Bensen was holding down a job
with the Courier Journal and was active
in law school activities. Republicans had
been in office and a movement to
revitalize the Young Democrats was
gaining momentum among law students
and young attorneys.
Mr. Benson participated in "lead
meetings" organized by Todd Hollenbach
and others. Later during the McGovern
and Wendell Ford campaigns he worked
for candidates · in his legislative district.
When the district representative resigned,
Mr. Benson had much of the party behind
him and won by campaigning
door-to-door.
Working for a legislator for a semester
is more beneficial political training than
anything in law school, in Mr. Benson's
estimation. -He says that there are now
opportunities such as working in the
commonwealth attorney's office and the
city law department that were not
available when he was in law school. He
insists that one has to go back further
than his law school years to find the
source of his political skills and abilities
to deal with people.
Mr. Benson, although active in student
affairs, points out that he did not gain
much speaking experience from them.
Political abilities, he maintains, come
from dealing with clients and representing
them in the courtroom. One of the most
beneficial aspects of law school to his
future political career was the
opportunity to make acquaintances with
other students who have since become
important political figures in this area.
Mr. Benson was in law school with
Messrs. Mershon, Karem, Armstrong,
among others.
Mr. Benson emphasized that too many
lawyers who go into politics think of
themselves primarily as lawyers. If they
behave in an elitist fashion "this turns
lots of people off," he says. People may
respect you because you are a lawyer, but
they vote for you because they know
you, according to Mr. Benson.
Consequently, he finds that knocking on
doors with basic abilities to communicate
with people and to convey sincerity are
most essential.
Minority
Problems
(Continued from Page 6'
faculty members, but hasn't been
able to meet the salary demands of
the candidates who were
considered. He added that the
search was continuing.
There is no limitations on the
black student's opportunity to
excel in law school according to
Dean Merritt. Everyone has the
same opportunity to work hard, ask
questions and wiite good exams.
The Dean added that there was
equal opportunity to pass the bar
once out of law school. There is
"no restraint to the able person,"
concluded Dean Merritt.
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Ms. Hodge explained that if she had
gone with a firm, she would only have
stayed for a short time, and no matter
when she would decide to establish her
own practice, she would be starting from
zero. "Clients usually go with the firm
and not the attorney," she said. For this
reason, she realized that it would be best
to begin alone early in her career.
Ms. Hodge explained that she took a
net loss her first year of practice, but.
with the help of many local attorneys
(through client referral) she is in the
position after only one year of practice
that she did not expect to attain until
after at least two years.
According to Ms. Hodge, the biggest
shock to her clients is her age and not her
sex. She said that the majority of her
clients are men and that all of her
corporate clients have been back at least
once. Presently she has about 50 clients.
Ms. Hodge admonished that unless the
law graduate is from Louisville and
consequently knows many local people,
or unless they know other Louisville
attorneys from whom to get
encouragement (and client referrals), he
should not make an attempt at private
practice right out of law school.
Bill McAnulty
A mere 18 months after graduation
from U of L, Bill McAnulty finds himself
involved not only with a thriving law
practice, but also sitting on the bench at
times.
While a student, Mr. McAnulty clerked
with the city law department, which
eventually led to a position in the Safety
Department. From working within city
government, Mr. McAnulty received the
background experience which led to his
recent appointment as Juvenile Court
Judge.
. As a ~ember of a small (five member)
pnvate frrm, Mr. McAnulty finds time to
practice civil cases and fulfill his duties as
Juv~nile Court Judge. An Indianapolis
nahve, Mr. McAnulty declined offers
from several large private firms elsewhere
to stay in Louisville. "I got a lot of
breaks," he explained, "and took the one
I liked."
"Law school prepares you to change
your image from lay to lawyer," Mr.
McAnulty explained. But students should
make every attempt to expose themselves
to those in the profession before gradu­ation
from Law School. "Learn to play
the game," says Mr. McAnulty. "You de­pend
on fellow practitioners a lot."
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