John M. Harlan Louis D. Brandeis Louisville Law Examiner Serving The University of Louisville Law School Community
Volume 2, Number 6 Louisville, Kentucky, February 8, 1977 Circulation 3500
New Kentucky Appeals
Court Convenes
by Alan Parsons
It took the citizens of Kentucky 26
years of reform efforts to establish a
uniform court system with an appellate
court between the trial and Supreme
Court levels. After five months of actual
operation it would appear that the new
court under the direction of Chief Judge
Boyce Martin Jr., is intent upon making
up for lost time. On Jan. 1, 1977, the
new court went into full operation, but
the task of clearing the backlog of
Supreme Court cases filed with the old
Court of Appeals began long before.
The present Court of Appeals was
established June 18, 1976, with Gov.
Julian Carroll appointing the 14 member
judges in late August of the same year.
The appointments were made on the
stipulation that the appointee's would
run in the November elections for a full
eight year term. Four members of the
court ran unopposed and immediately
began hearing appeals assisted by the
other judges as their campaigns
permitted.
The case load figures indicate that the
lack of a permanent central office and
court room facilities has been no
obstacle to immediate operation. As of
Dec. 31, 1976, 615 appeals had been filed
with the Court of Appeals under the new
system. The court also drew 260 cases
from the Supreme Court docket giving
priority to the oldest cases. Of the
former, 200 cases will have been heard by
the end of February of this year, with the
remainder being not yet ready for hearing
due to incomplete files. A total of 230
cases have been decided fmm both
groups.
Chief Judge Martin listed three main
goals of the Court of Appeals. The court
will immediately move to eliminate the
present backlog of cases, reduce cost of
appeals and hear appeals in the locality in
which they arose. When asked why the
court was placing more emphasis on
operation than detailed organization, the
Chief Judge replied that the court is
determined to be an action court at the
appellate level and intends to show voters
that their support for judicial reform was
not misplaced.
Organization of the court has not been
ignored but has instead been developed
concurrently with the court's operation.
The dearth of written rna terial on the
establishment of intermediate courts was
overcome by the study of similar judicial
reforms in neighboring states. Learning
from an unfortunate experience in
lichigan, the court decided to accept
backlog cases only as they could be
heard.
· Chief Judge Martin also cited the help
of Kentucky's Supreme Court and the
Administrative Office of the Courts for
their technical and administrative
assistance. The Supreme Court's Clerk
also serves the lower court in the same
capacity until a Court of Appeals Clerk
can be obtained.
The 14 judges are arranged into four
panels of three. The presiding judge is
responsible for production of the
opinion. Since the bulk of appeals is
anticipated to come from the Jefferson
County and Frankfort areas, permanent
panels will sit in those two regions.
The two remaining panels have been
designated the Eastern and Western
Kentucky Panels and will hear appeals
throughout their respective areas. To date
they have held hearings in over 30 cities.
The panel in Jefferson County is
expected to handle 20-25 appeals per
{Continued on page 8)
Only the squirrels made it to registration as the University closed due to inclement
weather.
Jan. 28, 1977 marked the 61st anniversary of the appointment of Louis D. Brandeis
to the U. S. Supreme Court by President Woodrow Wilson. Mr. Justice Brandeis, a
native Louisvillian, thought friahly of the University of Louisville and especially of
the Law School (See related story on page S).
News-In-Brief
Alumni To Meet
The University of Law Alumni
Foundation announced that its annual
Washington Day Luncheon will be held
Feb. 21, 1977 at the Rodeway Inn, 101
E. Jefferson Street, Louisville, Kentucky.
The luncheon, featuring as guest
speaker the Hon. Michael 0. McDonald,
chief judge of the Jefferson County
Circuit Court, will begin at noon. In
addition to conducting the business
affairs of the law alumni and the Law
Alumni Foundation, election of the
Foundation trustees will be held. Dean
Harold G. Wren will deliver a report on
the state of the Law School.
Tickets for the luncheon are $5.
Reservations may be made by calling Mrs.
Maria Meuter or Judge Marlin M. Volz at
588-6368. All alumni are encouraged to
attend.
LSD Conference
The Law Student Division of the
American Bar Association (LSD/ABA)
will hold its annual Sixth Circuit Spring
Conference Mar. 6 and 7, 1977. The
conference will be held at the University
of Dayton School of Law, Dayton, Ohio.
The two day Conference will feature
regional competition for the National
Appellate Advocacy Competition. The
main event Saturday will be a LSD/ABA
sponsored Labor Law Symposium.
The LSD/ ABA will also sponsor a
Symposium on Housing and Urban
Development on -Sunday morning.
Sunday afternoon will includ~ a
discussion of Jay Foonberg's book, How
to Start and Build a Law Practice. Later
in the afternoon a new Circuit Governor
will be elected and the Ohio, Michigan
(Continued on page 8)
On the Inside
Brandeis Brief ..•.•.•..•..•• p.2
Boolcstore Investigation ...... p.3
Abramson Study •••.•.••••. p.3
Faculty Arbitrations ......••• p.4
Supreme Court Briefs .••.•••• p.S
Legal Writing Awards ...•.••• p.S
Journal Plans .............. p.S
LBA Gridiron Dinner .••..... p.6
Forum Speaker ••.•.••••••.• p.S
Humanities Seminars .....•. p.IO
Brandeis Brief
On page two, Frank L Stanonis
advises caution before accepting
nuclear generation
2 Louisville Law Examiner, February 8,'1977
iLouisuille iLaw 1Examiner
18 46
DONALD W. PEARCY
Editor-in-Chief
CHRISTOPHER P. RIVERS
Managing Editor
KENNETH GOLLIHER
Associate Editor
Sara Scott Moore
City Editor
Alan Parsons
Features Editor
LEE J. CALARIE
Business Manager
VALERIE SALVEN
Associate Editor
Staff
Ed Mann
George Moss
Julie Williams
Judge MARUN M. VOLZ Advisory Board Prof. LESUE W. ABRAMSON
Editorial
Singing the Blues
What this law school needs is a good
10 cent bluebook. Even that seems too
dear a price for the luxury of taking an
exam. After laboring through a class for
some 16 weeks or so, spending grueling
hours ingesting tests and other aids in
order to show a semblence of authority in
the chosen field of study and fretting
about keeping up that God-awful grade
point average, we as students of the Law
School must actually pay extra for the
opportunity of earning our grades.
First, it seems preposterous that paper
from a legal pad cannot be used on which
to record examination answers since
every law student usually possesses a
healthy supply of such paper.
However, we can understand the
necessity of a stytem of uniformity and .
neatness afforded to the procedure which
may only be attained by use of a
bluebook. But, if bluebooks are required,
why must we use what seems the most
expensive to be found?
The students at Chase Law School are
given their bluebooks free of charge.
Although the use of the smaller sized
·book may seem cumbersome, no one can
quibble about the price.
UK Law School, on the other hand,
uses the more appealing larger sized
bluebook. What makes theirs most
appealing, however, is the 10 cent cost.
When informed of the cheaper
bluebook, Jim O'Brien, manager of the U
of L Campus Bookstore, immediately
commenced research in to the possible
acquisition of that book. Although we
praise the quick responsive action taken
by Mr. O'Brien, we criticize it as being
about two years too late, especially when
viewed in light of the fact that . the
bluebook is offered for sale by the same
company which is currently supplying the
smaller sized bluebook to the U of L
bookstore. Proper research in the outset
should have revealed this. •
If, on the other hand, Mr. O'Brien in
good faith actually believed he was
supplying the lowest cost book, why did
the bookstore boost the price nearly 33
per cent before placing that book on its
shelves for sale?
Mr. O'Brien claimed that 19 cents of
each 25 cent bluebook sale must go to
the printer for the cost of manufacture.
Even if that is the case, how can the
bookstore justify the extra six cents it
tacks onto each book before sale? Figure
at 600 law students using an estimated
average of five books each per exam
period, the bookstore draws a "profit" of
some $180 on those sales alone.
·It will be up to the Law School faculty
to decide if we· may adopt the bluebook
currently in use at UK. That book has
white pages. Another difference is t~at its
cover is devoid of costly printing.
Our bluebook has yellow pages and
bears the name of our school and the
"seven deadly sins" finely inscribed on its
cover. Since we all know what school we
are attending and have read or don't care
to read the rules because prior to
administering the exam each professor
spends several minutes laying down his
own set of regulations, that seems to
leave only the color of the pages in
dispute. Hopefully the faculty will not
deprive the students of a savings of 15
cents per ·book because of the color of its
pages!
Even if the Law School faculty should
decide to adopt the 10 cent bluebook,
judging from the performance of the
bookstore in regards to the pricing of
other volumes (see related story, this
issue), the UK 10 cent bluebook would
most likely find its way to the U of L
shelves wearing a 15 cent price tag.
The Louisville Law Examiner is published eva:y three weeks on Tuesdays -4aring the
academic year except during holidays and eumiRati~ ~,in the · interest of the
University of Louisville Law School community. The LOuisville Law Examiner deH ROt
necessarily express the vi""'"S of the University. Editorial opinions are those representing a
majority volt lU~WdO\M~_Q.g board.
Any article appearing herein may be reprinted provided that-credit is given to both the .
Louisville Law Examiner and the author. Reproduction of a Brandeis Brief column,
however, requires written permission. Address all communications to the Louisville Law
Examiner, Room _109, School of Law Annex, University of Louisville, Louisville, Kentucky
49208, or phone: (SOl) 588-6399
Brandeis Brief
Nuclear Power Series
Contemplate Before
You Generate ...
Frank L. now
University of Indiana, _was, until recently,
commissioner of the Bureau of
Environmental Protection of the
Department for Natural Resources and
Environmental Protection of the
Commonwealth of Kentucky. He received
his Bachelors Degree in mathematics and
Masters Degree in geology from the
University of Kentucky and Ph.D. in
mineralogy from Pennsylvania State
University.
Mr. Stanonis was formerly President of
the International Pollution Control, Inc.
of Houston, Texas, a subsidiary of
Petrolite Corporation of St Louis,
Missouri He is a member of the
Geological Society of America, a charter
member of the Association of
Professional Geological Scientists and
president of the Indiana-Kentucky
Geological Society.
Presently, Mr. Stanonis is on leave of
absence from Indiana State University,
Evansville, Indiana, where he is a
professor of geology and geography and
chairman of the Division of Science and
Mathematics.
by Frank Stanonis
Last year in a nationwide television debate before an attentive Swedish audience,
Prime Minister Olof Palrne faced Thorbjorn Falldin. Mr. Falldin spoke with rare
emotion.
"Olof Palme," he said, "can you stand here this evening on this platform and
guarantee that you give to the generation of today, to coming generations, a better
society when you want to give them a nuclear power society? Can you give this
guarantee this evening?" Mr. Palrne said nothing.
On October 4, 1976, for the first time in 44 years, a non-Socialist coalition came to
power in Sweden with Mr. Thorbjorn Falldin, as the new Prime Minister. The silence
of Mr. Palme that evening was the turning point in the political campaign which was to
lead to his decisive defeat in September, ending the term of the longest serving Prime
Minister in Western Europe. Why was Mr. Palme silent? Only because there are many
unanswered questions concerning nuclear power, especially in the area of managing
radioactive wastes. Because these questions have not been adequately answered, a
country which derives a large amount of its electricity from nuclear generations has
decided to abandon an energy policy based on nuclear power.
Mr. Falldin has said that he would eventually shut down Sweden's five nuclear
reactors and kill the government's program to maintain a total of 13 reactors by 1985.
The government's nuclear program was designed to supply 40 per cent of Sweden's
electricity within a decade, making the nation one of the world's biggest per capita
consumers of nuclear energy.
Mr. Falldin's opposition to Mr. Palrne's ambitious nuclear-power program began to
develop when he met the 1970 Swedish Nobel Laureate in physics, Hans Alfen. Mr.
Falldin said that the physicist told him of growing skepticism among scientists about
the possibility of mastering the disposal of nuclear waste and preventing sabotage of
power stations. Since then Mr. Falldin has staked his career on the issue. It made him
Prime Minister.
The ~wedish response to nuclear power development is not an isolated
phenomenon. A few days after the Swedish Socialists were defeated, a British royal
commission on environmental pollution urged that further expansion of nuclear
energy in Britain "be postponed as long as possible."
"Let us not develop a reliance on nuclear power before we can do it in an
acceptable manner," said Sir Brian Flowers, one of the founders of !lritain's
nuclear-weapons and power-reactor programs and a renowned nuclear physicist. "That
doesn't mean stop. It means, for heaven's sake, stop to think!" he urged.
Let us examine the development of one of the problems of nuclear power that has
generated world-wide concern, the issue of nuclear waste disposal.
The development of the first atomic bomb by the United States involved many
uncertainties. To help minimize the chance offailure, it was decided to use uranium as
the fuel for one of the prototype bombs and plutonium for the other.
Uranium is a naturally occurring material. The ores of uranium are actually a
mixture of two different forms, or isotopes, of the element. The predominant form is
uranium-238, which cannot be used as a fuel. Uranium-235, the fuel component of the
mixture, represents less than one per cent of the total weight of the uranium.
(Continued on page 9)
to·uiiville uw·Examiner, Febnwy 8, 1977 3
News Analysis
· Bookstore Investigated
by Don Pearcy
It seems almost traditional for the U
of L Bookstore to raise the price of the
law school blue book with each exam
period. Last semester the 14 page
examination booklet cost 25 cents
whereas one semester prior it cost only
20 cents. Even that was a five cent
increase over the previous year.
Believing this to be an outrageous and
somewhat peculiar price spiral, the
Examiner decided not only to examine
the U of L Campus Bookstore pricing
scheme but also to investigate Kentucky's
other two law schools to see if they, too,
are subjected to the unmerciful
requirement of having to pay 25 cents for
the privilege of taking their exams .
A phone call was placed to Student
Bar Association (SBA) Vice President
Garry Baumgartner at Chase Law School
of Northern Kentucky State University.
Mr. Baumgartner informed us that the
bluebooks at Chase are given out free of
charge to the students on examination
day. Although he was unsure why such a
policy had been adopted, Mr.
Baumgartner said that it · had been an
administrative decision and that the cost
of the books is absorbed by the
Administration.
Assoc. Dean Martin Huelsmann of
Chase explained that the bluebooks had
been sold to the students until about five
years ago. Mr. Huelsmann said that in the
interest of completely anonymous
grading and to reduce the possibility of
cheating, the professors now pass out the
books along with the examinations.
According to Mr. Huelsmann, in the
past some professors would also place
limits on the amount to be written by
each student (at least one bluebook, no
more than one bluebook, etc.). The
students would arrive with different sized
bluebooks which would generate
controversy. Thus, another reason for
Chase's decision to give out the books.
Chase has chosen to use the smaller of
the two sizes available (about five by
seven inches). Mr. Huelsmann said that
Chase is currently paying $604 for
15,000 books which is a cost of about
four cents each.
Also contacted were SBA President
Bob Jaffe and one of the deans (name
withheld upon request) at the University
of Kentucky School of Law. According
to the dean, the books had been
distributed free of charge to UK law
students until two or three years ago.
However, this placed such a strain on
UK's law school budget that the policy
was discontinued. Now the SBA sells the
books to the students at a modest price.
Mlo. Jaffe explained that the SBA
purchases the bluebooks in quantity for
nine cents each and resells them to the
students for 10 cents. The book is the
larger sized version (about eight by 10
inches) which is used by U of L's Law
School. UK's book, however, has 16
pages as opposed to U of L's 14 page
model. Two other distinguishing features
set UK's book apart from U of L's - it
has white pages instead of yellow and its
cover is not imprinted with the school's
name.
When informed of U of L's bluebook
price, Mr. Jaffe expressed amazement. He
even offered to purchase extra quantities
through UK and resell them to U of L.
Upon confronting James O'Brien,
manager of the U of L Campus
Bookstore, with the question of why the
Law School has to pay such an inflated
price while UK can procure their
bluebooks for 10 cents, Mr. O'Brien
responded, "I don't believe that!" He
explained that the bookstore must pay 19
cents each for the larger sized book due
to printing costs.
Mr. O'Brien said that the bookstore
carefully shops the printing companies,
always seeking the lowest price possible
and that the book sold in the bookstore
was the least expensive found. He
volunteered, however, to call the printing
company from which UK buys and
research the cheaper bluebook.
The next day, Mr. O'Brien contacted
the Examiner and reported that he had
been mistaken and indeed a l 0 cent
bluebook could be purchased from UK's
source. He said that he had requested that
the printing company send him a few
copies to submit to the Law School
faculty and administration for approval,
and if such approval is given, he will
gladly purchase the lower priced book.
While researching the extravagant
bluebook prices at U of L's Campus
Bookstore, further questions were raised
concerning the mark up on other books
used at the Law School. Mr. O'Brien was
recently quoted in The Louisville
Prof. Leslie W. Abramson
Number
Name
Subjecc of Examination
Date of Euminatlon
UNIVERSITY OF LOUISVILLE
LAW SOHOOL EXAMINATION BOOK
1. Do DOt repeat. the atatement of facti of que~tioDL
a. ~ iD all - muat be . ~Ten with autlcient talbleu to make clear tbe
prblclplea IDvolftd and their applleation to the fac:ta. No grade will be giTeD for a .
mere decialon of a cue or for &DIWen merely statiq that there is a eo1111iet of
authority reprd!Dc the rule of law lnvolTed, unaeeomparlied by a statement of the
eo1111iet rulea &lid the reaaou urulerlJill&' each.
4. Write &~~~wva lqibly, CODCiaely &lld neatly.
· 6. You m&J' write OD both aidea of the pace, but clo DOt write in the margina.
7. Be aure to write out &lid alp tbe pleclce.
UNIVERSITY OF LOUISVILLE
° CAMPUSSTORE
Cardinal as saying, "I realize that the
book prices are high, but we don't set the
prices. The publisher sets them."
In order to · check the validity of Mr.
O'Brien's remark, Mr. Baumgartner at
Chase and Mr. Jaffe at UK were once
again contacted. A list of 15-20 books
(mostly textbooks) was given to each to
compare U of L's law book prices to
those at the other two law schools. The
results showed that the book prices were
usually identical at the three schools and
in some cases, U of L even proved
cheapest.
Bluebo.ok Courtesy of George Moa
However, three volumes in particular
(for which no comparison figures were
available at the other schools) still seem
to sport unreasonably high mark up
prices.
The first book is entitled Trial Manual
3 for the Defense of Criminal Cases. The
book is an American Law Institute -
American Bar Association (ALI-ABA)
student editiot in paperback of a much
more expensive work. It can be found
advertised on page 57 of the Oct. 1976
edition of the Student Lawyer as selling
(Continued on page 10)
Abramson Updates
Attorney Study
by Ken Golliher
Would-be attorneys seeking to
establish a statistical base for their job
market paranoia are in luck. A recent
study conducted by Law School Prof.
Leslie . W. Abramson indicates that
Kentucky may have a 75 per cent surplus
of lawyers by the end of the century.
Prepared for the Kentucky Council on
Public Higher Education (CPHE), the
study is an update of a report which Mr.
Abramson prepared for the Council in
1975. (See 63 Kentucky Law Journal
323).
Both current and potential legal
practitioners in the Commonwealth are
considered in the study which is a 50
page synopsis of the current and
projected supply and demand curves for
legal services in Kentucky. The article is
replete with tables and demographic
statistics and any attempt to boil it down
to a simplistic condensation would
probably end up with _all bones and no
meat. But, the method and results deserve
some explanation.
Kentucky was divided into 15
geographic units, Area Development
Districts (ADD's) by a 1974 statute for
the purposes of land use planning. Mr.
Abramson has adopted these geographic
areas as the base units for his study.
Projections are broken down by
ADD's and then aggregated to form a
complete projection for the
Commonwealth. Hence, if a potential
· practitioner has an idea of the geographic
area where he wants to practice he could
use the report to establish the current and
projected job market statistics for that
locale.
Lawyer-population ratios serve as the
base statistic for the demand curve. For
example: the Jefferson ADD (which
includes metropolitan Louisville) has a
projected 1977 ratio of one lawyer for
every 424 residents. If the ratio were to
remain static and population were to
increase according to currently projected
trends, about 737 more lawyers would be
required by the turn of the century. At
that time there would be 2, 710 lawyers in
the Jefferson ADD. However, the current
ratio is not necessarily the optimum ratio,
now or in the year 2000.
Need for legal assistance is based on a
variety of circumstances within the
(Continued on pqe 9)
/
4 • • LouisYiiJeuw Examiner,.Febniary 8,1!n7
Practical Experience
Faculty Mixes Teaching With Arbitration
by Valerie Salven
and Lee Calarie
What do the skylab project, the
National Football League (NFL), and the
coal mining industry in Kentucky have in
common?
Two t -hings: Con tract disputes
between labor and management and the
help of an arbitrator who is a faculty
member at the U of L School of Law to
settle some of their disputes.
There are six Law School faculty
members currently involved in some type
of arbitration work, and three of these
are members of the National Academy of
Arbitrators (NAA), an organization
which, accorcling to the statement of
academy purposes and aims, was founded
"to establish and foster high standards
and competence among those engaged in
the arbitration of labor-management
disputes on a professional basis."
Prof. Carl Warns, Jr., the most
experienced of the arbitrators on the Law
School faculty and a member of the
NAA, explained that. the idea of using
arbitration to solve problems between
two parties is not new. "We have had
arbitrators since Solomon. And
arbitrators were used in 15th and 16th
century England to settle party disputes,"
he said.
In the United States, arbitration as a
means of settling labor contract
disagreements "was not a very active
process before World War II," Mr. Warns
explained. Strikes were prohibited under
the war emergency laws, so the War
Labor Board was established to arbitrate
grievances and contract disputes.
After World War II, some companies
and businesses continued to use these
arbitrators on a voluntary basis. The
arbitrators from the War Labor Board
then founded the NAA, Mr. Warns said,
"on the theory of having their own elite
group." He explained that before
membership is granted in the Academy,
the candidate's background is investigated
and he or she must have
recommendations from company and
wtion personnel as well as a wide range of
experience in arbitration. New members
have usually arbitrated at least 50 cases
prior to joining the N AA.
Today, "Arbitration is a private
process," Mr. Warns said. "There are no
federal laws governing arbitration ... it \
is a creature of til-e union contract," and
is the last step in a grievance procedure.
Mr. Warns has just finished a three
year "tour of duty" on the board of
governors of the NAA. The number of
faculty. members at the Law School that
are NAA members is greater than most
law schools, he indicated. Harvard, for
example, has only two NAA members on
its law faculty. At most schools, Mr.
Warns observed, either the dean or a labor
law instructor is an arbitrator.
"A pure law [background] as such
does not necessarily qualify one as an
arbitrator," explained Mr. Warns. He
noted that a number of economists are
arbitrators, and his wife, Marian, who has
a Ph.D. in Psychology, is also one.
Mr. Warns became interested in
labor-management early in his career. He
was director of personnel for Seagram's &
Sons, Inc. prior to World War II, and was
in charge of labor contracts for all
Seagram's plants until he entered the
military in 1942. After World War II he
gradually became involved with
arbitration work, hearing his first case in
1948.
When a . person enters the field of
arbitration, he explained, "it takes years
before [the work load) gets beyond a
sporadic basis . . . 'it is a very speculative,
sporadic thing untn you reach the stage
where you are known nationally, then it
is as regular as you want to make it."
Most of the cases handled by Mr.
Warns require a four to five hour meeting
with the parties in dispute at a location
agreeable to both parties. He then returns
home to do some research and write an
opinion for the case, which usually
requires two or three days. The fact that
Mr. Warns is an airplane pilot facilitates
this cross-country travel.
Prof. Carl Warns, Jr.
One of the cases that Mr. Warns has
handled was a disagreement which arose
while a crew was fueling the Skylab. Mr.
Warns has been permanent unpire (an
arbitrator named in a union-management
contract as one acceptable to both sides
to settle any future disputes) for the
companies and unions of B. F. Goodrich,
the U.S. Postal Service, Union Carbide,
Southern Airways and Greyhound Bus
LYles, among others.
Having NAA members at U of L
benefits the school in two basic ways,
accorcling to Mr. Warns: "This is
prestigious for the University in- the
business community because to be a
successful arbitrator, you must be
respected - and this spills over from the
business community to the school." The
second benefit, he emphasized, is realized
if the arbitrator teaches a labor law
course, he can then "weave his
experiences" into class discussions of
casebook materials.
Prof. William Dolson, another NAA
member, also believes that his NAA work
is advantageous in his teaching. In his
collective bargaining class, for example,
Mr. Dolson has his students study and
analyze case transcripts from cases that
he has arbitrated. The students write
briefs, argue the case and cross-examine
witnesses and then reach a decision on
the case and compare it to the one
actually given by Mr. Dolson. ("In effect,
the students present cases based on real
cases that I have decided," he said.) ·
Mr. Dolson deals mairily with cases
involving the coal mines in Kentucky and
surrounding states. He is permanent
umpire under the current contract
between the Bttummous Coal Operators
Association, Inc. ana the United Mine
Workers of America. Mr. Dolson accepts
cases, he explained, only "to the extent
that they don't interfere with my
teaching. Whenever I find it ina-eases
beyond what I want, I make myself
unavailable for arbitration.''
There ·are basically two "classes'· of
arbitrators in the Academy, Mr. Dolson
explained. There are the full-time
arbitrators - "generally lawyers who
spend 90 per cent of their time
arbitrating and 10 per cent on general law
work" and there are the part-time
arbitrators - "generally acaaemicians,
law professors, of economics professors."
Mr. Dolson became interested in
arbitration when he took a course in
labor law taught by Nathan Fin.esinger, a
permanent umpire for General Motors
Corporation. Mr. Dolson was teaching
part time at the Business School when the
dean of the school, a public member of
the Louisville Labor-Management
Committee ' (LLMC) , talked him into
joining the panel of the Committee.
"Louisville is a good place to start" in
arbitration work, Mr. Dolson said,
because it is "actually in the center of the
industrial part of the United States," and
there are numerous labor contracts with
which to work.
Gradually, Mr. Dolson gained
experience and took on more cases, but
he observed, a career as an arbitrator is
something where you "start out very
slowly. It is something you can't predict,
it all hinges on your acceptability to two
adversaries."
Judge Marlin M. Volz, the third
Academy member at the Law School, got
his start in arbitration work accidentally
while at the University of Kansas City.
An arbitrator who knew Judge Volz
became ill just before he was to hear a
case. The arbitrator recommended that
Judge Volz be allowed to substitute since
the parties had already gathered for the
hearing, and Judge Volz pointed out, "an
average arbitration case is larger than the
average court case" Judge Volz had "a
quick cup of coffee with an
[experienced] arbitrator" who told him
how to conduct a hearing, and he then
went on to arbitrate his first dispute.
Since that time, Judge Volz has
arbitrated cases including everything from
a grievance 1by the janitors at Ball State
(Indiana) University, t o disagreements
within the NFL. . ·
Although it takes about 50 cases to
qualify for membership in the Academy,
Judge Volz said that once an arbitrator is
established, "he may hear that· many
cases in one year. The hard thing is
getting started."
"To be an arbitrator, you must be
neutral," he explained. Faculty members
are good candidates for such work
because "academic people usually meet
As director of alumni relations at the
Law School, Judge Volz has found his
travel while engaged in arbitration work,
to be beneficial in that he may contact
alumni in a given town while he is in their
area to arbitrate a case. This way, he
explained, "I can carry on alumni
relations at no expense to the Law
School."
The other three faculty members who
are not NAA members work on an ad hoc
basis through various local and national
services. The national services are the
Federal Mediation and Conciliation
Service (FMCS) and the American
Arbitration Association (AAA).
A person may become a member of
the FMCS and the AAA after gaining
experience in areas related to labor,
corporate and contract law. He need not
be an attorney.
Most cases requiring arbitration are
labor disputes. Usually the contract
between the company and the union
specifies that once a dispute arises, an
arbitrator from the FMCS or the AAA
will be called in to render a decision
which is binding on both sides. The
service which is used supplies an odd
number list of names, usually seven. Each
side has three 'strikes' and the name
remaining will arbitrate the case.
A hearing is set and the arbitrator sits
as judge and jury. He renders a formal
decision based on the evidence presented.
The formality of the cases may vary
depending on the parties and the issues.
At times the disputes can become quite
heated.
Cases range from minor employee
grievances to multimillion dollar contract
disputes. Minor cases can be dispensed
with in several hours, while complex cases
may require several days to hear the
evidence.
Arbitrators set their own fees within
guidelines established by the services. The
average fee is between $200 and $300 a
day plus expenses.
Prof. Edwin R. Render has been a
member of the FMCS for seven years. He
is also a member of the Louisville
Labor-Management Commission (LLMC),
a local arbitration service. Mr. Render
said that he normally hears two or three
cases a month. Most cases, he said, can be
heard in a half a day.
Mr. Render explained that being an
arbitrator is beneficial to his teaching at
the Law School. He applies the practical
experience to the courses he teaches,
Evidence and Trial Practice.
"It is a private process . . . there are no federal
laws governing arbitration . . . it is a creature
of the union contract. ''
the neutrality requirement." The parties
involved will often make "a good deal of
inquiry" into the background of a
potential arbitrator "Because they are
picking their own judge," he added.
It takes about two and one-half hours
to hear most of the cases he is associated
with, Judge Volz estimated. He said that
he does not work on arbitration cases
while at the Law School, but writes up
his opinions at home on the weekends.
Some of these opinions are published, if
the parties agree to it, and some opinions
are simply given from the bench without
an accompanying written explanation of
the reasons for the decision.
-Prof Warns
The job requires continuous review of
arbitration advance sheets. Mr. Render
noted that this has helped him keep
abreast of current trends in labor and
corporate law. Mr. Render added that
many arbitrators are labor law professors
and the same people will be seen at
arbitrators' symposiums and labor law
conferences.
The newest member of the faculty to
become an arbitrator is Prof. W. Scott
Thomson. Mr. Thomson has been an
arbitrator for four years and is a member
of the FMCS, the AAA and the LLMC.
(Continued on paae 12)
' s
Brandeis Influence Continues
Collection is a ''Jewel''
by Sara S. Moore
On January 28, 1916, Louis D.
Brandeis was appointed to the U.S.
Supreme Court by President Woodrow
WilSGn. From his position on the Court,
Mr. Justice Brandeis contributed to the
development of the University of
Louisville's Law School.
Born and educated in Louisville, Mr.
Justice Brandeis was concerned with the
cultural and educational life of the city.
He stated that the University's library was
the root from which U of L and the
community could cultivate higher goals.
With this approach, he became
accutely interested in the Law School. ·
Having given his Supreme Court briefs to
the University of Chicago , Mr. Justice
Brandeis requested of Mr. Justice Sanford
that he designate the Law School as the
recipient of his briefs. Beginning with the
1925-1925 term, the Law School began
to receive the Supreme Court briefs.
The collection was continued by Mr.
Justice Sanford's successor Mr. Justice
Owen J. Roberts. Since 1930, the briefs
have been distributed by order of the
Court instead of request by the Justices.
It became customary to continue a set
once designated; therefore, the Law
School continued to receive the briefs.
The briefs are described as a "jewel of
a collection" by Law School Librarian
Gene Teitelbaum. Presumably, the briefs
are the best in the country in that they
provide an overall picture of a Supreme
Court case by giving the basis for the
attorney's argument and the focus of the
Court's decision. An argument might be
supported by one or more premises and
the Court may use any, all or none of
those premises as the basis for its
decision.
Unlike other law schools which must
purchase the briefs in microfiche or
microfilm, U of L's Law School receives
them cost free, three times a year and in
letter press form. Once a decision has
been rendered, the briefs are released.
Mr. Teitelbaum explained that the
briefs are not used very often even
though they are av~able to everyone.
Their use is primarily by students and a
few faculty members.
Having used them on numerous
occasions, Prof. William Biggs stated,
"they are a good starting point for
research, especially with respect to recent
cases."
n~ ~()lat!l¢1~" )t}"·tnt"'
Mil k~N I=' lon$U, U.tA~N-~S « tllft 5J.,f~t::ml' (~H~ (lf. tbt 1-ll~·.. m l s~:-;;.u,.
u a m,emtxl:ll toth&-t<IIW""'Hl.,S. K<:n~d;h~'~ '<l'h\\ fu\:~
~"'t J-uii:k~of tht:1fupt~:n'lit"CAA · !'f:-t>('ht" (Jnrtd SI:Mti;
MJI. .. jl-m~: 1\ itPJMAo~ Tot:~ H~6~HS,':6
.M .. Jt-Sl~tf kVb~il.l TMbtt>~l!, t8.:'7·ltOS"
Mtt:)\!i!:fl(.f SA~Vllt F. MU:t Ut, lSM~l~
ML Jt~tt't! )ffltY:M HAtn.A~. t.ij';:!"l~H
-:;_;M.Iliv Jt~U(.J~ HO*M't H, J,tl_J.'J"q('i. fl)IH)•l.'J-ll
Awards Offered to Encourage Legal Writing -
Samuel Greenbaum Award for
Outstanding Student Writing
Money was recently set aside by the
widow of noted Louisville attorney,
Samuel Greenbaum, to establish an award
at the Law School bearing the name of
the late Mr. Greenbaum.
According to Ron Ray, an attorney in
the firm of Greenbaum, Doll, Matthews
and Boone, and coordinator of the
awards program, " Mr. Greenbaum was a
stickler for good [legal] writing." Thus
t he establishment of the Samuel
Greenbaum Award for Outstanding
Student Writing.
Mr. Ray said that a law school has
three basic functions - to teach the
student to think, speak and write like an
attorney. He indicated that there are
many opportunities for the student to
learn to think and speak in legal terms
but, unfortunately, most schools are
deficient in teaching students to write.
"Any type of legal writing, even law
review [will be accepted"] , said Mr. Ray.
The main idea is "to encourage legal
writing." Mr. Ray emphasized that
customarily only law journal people
develop expertise in legal writing.
Therefore, while journal meml:ers are not
discouraged from participating in the
program, the intent of the award is to
encourage non-journal members to write.
The recipient of the award will receive
$1 00 cash and have his name engraved on
a permanent plaque which will hang in
the Law School. The award was first
given to Robert Weich in May; 1976.
Since the award is made on graduation
day, Mr. Ray said that they would prefer
to have papers written the "year of
consideration" which would be from May
graduation to May graduation. However,
he emphasized that they would not refuse
papers which were written prior to the
period.
Memos, law journal notes, seminar
papers and others will be considered.
Judging will be done by either Law
School Dean Harold G. Wren or a panel
of faculty members which he may
appoint.
All entries should be submitted to
Asst. Dean Steven R. Smith no later than
April 15, 1977 to be considered for this
year's award. Any questions may be
directed to either Mr. Ray at 589-4200 or
!Q._Mr. Smith.
Family Law Prize
To create a greater interest in the field
of Family Law among all law students,
the Howard C. Schwab Memorial Award
Essay Contest is conducted annually by
the Family Law Section of the American
Bar Association (ABA) in cooperation
with the Toledo Bar Association (TBA)
and the Ohio Bar Association (OBA) as a
memorial to their deceased leader. The
prizes are awarded from a memorial fund
created by the TBA and administered by
the OBA Foundation.
Mr. Schwab was chairman-elect of the
Family Law Section of the ABA at the
time of his death on Feb. 24, 1969. He
was a past president of the TBA and a
past chairman of the Family Law
Committee of the OBA.
All second and third year students
enrolled in ABA approved law schools are
eligible to compete, except employees of
the ABA. Each entry shall be the work of
a single individual.
The winners of first, second and third
places as selected and announced by the
judges, will be presented with cash awards
in the amounts of $500, $300 and $200
respectively.
Subject may be any aspect of Family
Law which the contestant chooses.
Suggested length is about 3,000 words,
Selection delayed
though not limited to that number.
Essays scheduled to be published, and/or
essays which have previously been
published are ineligible for consideration.
Entries will be judged on the basis of
timeliness of subject, practicality,
originality, quality of research and clarity
of style.
Students desiring to enter the contest
should write to Howard C. Schwab
Memorial Award Essay Contest, Section
of Family Law, American Bar
Asseciation, 1155 East 60th St., Chicago,
Ill. 60637, requesting an entry form
which must be completed and returned
with the essay.
Journal Transition Planned
by George Moss
Meg Egginton, editor-in-<:hief of the
Law School's Journal of Family Law,
recently announced Journal plans for the
selection of the new editorial board and
new candidates. Ms. Egginton indicated
that the selection of editors will be made
Feb. 27th. Selection will be made from
those second year students who have
completed the requirements of the
candidate program.
Traditionally, the Journal has accepted
applications for new candidates
immediately after it received first
semester grades of first year students. The
current editorial board, however, delayed
its candidate selection until March of last
year. In addition, the board rrurle another
selection after receiving students' second
·semester grades. Thus, Ms. Egginton
explained that the editorial board will not
be considering applications for admission
to its candidate program until later in the
semester and/or after the second
semester."
Ms. Egginton stated that the
responsibility for choosing the new
candidates would fall on the incoming
editorial board. However, she indicated
that th.e candidate program would be
open to first year day and second year
night students. Previously students have
been evaluated on the basis of a writing
sample and academic standing.
A detailed explanation of the writing
sample and candidate program will be
made available by the incoming editorial
board at a later date. Ms. Egginton
el..Jl.phasized, however, that any student
·who is interested in further information
at this time can inquire. in the Journal
offices on the second floor of the Annex.
I
I
J~
1
l ' l
I
I
l
Mary Nash, U of L Alumnus Richard Nash Jr., Judge Marlin Volz_
KBA President Hemy D. Stratton, Lois Stratton, William B. Stansbury.
Judge Michael McDonald, .. Jurist of the Year.''
--------~ -~~~ -
Gridir<
NewC
by Chris Rivers
Saturday, Jan. 15, the Louisville Bar
Association (LBA) met at the Executive
Inn West for its annual awards dinner,
officer installation and Gridiron Roast.
Approximately 300 members, spouses
and guests braved the ice and cold for the
donated cocktail hour, simple but
flavorful steak dinners and mellow dance
music.
Those in attendance included the
Honorable Todd Hollenbach, Jefferson
County Judge ; Commonwealth's Atty.
Dave Armstrong; Mitch McConnel,
candidate for county judge; and mayoral
candidates William Stansbury and
Milburn Maupin. Also present were
Kentucky Bar Association (KBA)
President Henry D. Stratton, KBA
President-Elect Frank Haddad and
Richard Remma-s, past president of the
LBA.
After dinner, Jay Fowler presented the
LBA's annual awards. Media awards went
to David Robinson of WAVE-TV for his
expose on white collar crime and to Jim
Russell of the Courier-Journal and Times,
Frankfort Bureau, for his stories on the
new judicial article to the state
constitution.
Judge Michael McDonald, chief judge
of the Jefferson County Circuit Court,
was named the "Juristofthe Year." The
Lawyer's Service Award was presented to
Col. Paul Tobin, the Jefferson District
Public Defender. A special award was
given to Judge Hollenbach in recognition
of the work done by him and others in
building the new Jefferson Hall of
Justice.
Chief Judge of the Kentucky Court of
Appeals, Boyce Martin, swore in the LBA
officers for 1977. The officers include:
William W. Lawrence, president; Frank
Doheny, Jr., president-elect; Larry B.
Franklin, vice president; Edmund P.
Karem, secretary and Harley N.
Blankenship, treasurer.
Finally, a skit was presented which
depicted a group of noted local attorneys
having an afternoon meeting at Holly's
Tavern and an improbable meeting of the
County Fiscal Court.
--- ~ - -------------- - ~----------~ ---~ -------------------'
Louisville Law Examiner; February 1977
n Dinner : LBA Installs
___· c ers and Bestows A wards
1111111 I[JIIII
Media award winner David Robinson of WAVE-TV.
HOLLY'S TAVERN
(Tune of There is a Tavern in the Town)
Holly's is the place downtown, place downtown
Where all the lawyers gather round, gather round
To brag and boast and talk about their fees
In "bull", they're standing to their knees.
Triplett's here to plead his case, plead his case
Jim Tom comes by to say the grace, say the grace
Still the busses roll back and forth across the town
While Henry ~rins, Jim Tom Just frowns.
If you're looking for your lawyer,
You may find him here at Holly's
Where they're hiding from the judges and the press, the press.
7
··- ...,....-__ _
Gridiron skit roasts the Fiscal Court. • Media award winner Jim Ru.eU of the Courier-Journal
& Times.
---~---~
8 • ; Louisville-Law E-xamiRer, February 8, 1977 _
1250 Appeals Expected
(Continued from page 1)
month; the caseload at Frankfort should
be somewhat heavier.
Panel composition will rotate every
month with the court operating on a 14
month term; the first term running from
Jan. 1977 to Mar. 1978. This will allow
the judges to rotate through each of the
panels and sit with the other judges.
The judges not assigned to a panel in
any one month will be free to conduct
legal research and will sit in for absent
judges on an emergency basis. The judges
will also get a one month vacation period
during the term.
The entire court mrets on the first
Tuesday of each month to receive panel
and case assignments and to solve any
administrative or scheduling difficulties.
Presently these meetings take place in a
Frankfort warehouse office, its only cited
convenience being its proximity to the
expressway.
r---~·---------------~
· The scheduled January meeting was
held in late December at which the March
Panels were designated. Notices of
hearing dates were planned to be
distributed to attorneys on Jan. 24.
The main emphasis of the Court of
Appeals will be on the correction of
procedural error in the trial court
proceedings rather than on the
interpretation of substantive law. Judge
Martin explained that the latter was more
properly the function of the Supreme
Court.
--- In some cases, opm10ns will be
published but only when there has been a
complete change in the law or the court
interprets a decision made more than 20
years prior. Even then the opinion must
pass a stringent selective process with
final publication approval coming from
the Kentucky Supreme ·Court. The
purpose of restricting publication is to
avoid confusion caused by the profusion
of multi-level court opm1ons and
promoting consistency in the law.
Criticism that the new appellate court
is judicially uneconomical and fails to
render finality to appeals, appears to be
groundless. Based on the experience to
similar state judicial systems, the Chief
Judge predicted that of the
approximately 1250 appeals to be
decided in the first year of operation,
nearly 90 per cent will be terminated at
the appellate court level on the basis of
established Kentucky law. It is expected
that the Supreme Court will grant review
in less than 150 appeals thus rendering
final the remaining appellate decisions.
Although the Supreme Court receives
certain cases directly from the trial court
level, this elimination of a great number
of cases in the Court of Appeals will
allow the highest state court time to
adequately develop judicial policy on
major issues of the day such as
comparative negligence, Judge. Martin
explained.
The lack of permanent facilities does
not appear to be the biruiest problem
facing the new court. Chief Judge Martin
stated that there are numerous public and
private facilities going unused throughout
the state. The establishment of a central
court building would be contra to the
enumerated goals of local hearing and
appeal economy, he explained.
Each of the judges has an 'office in his
own Appellate Division of the state.
Judge Martin is using office and court
room facilities in the Louisville Fiscal
Court Building, with the cooperation of
the County Government.
When asked about the establishment
of court room dignity for a hearing
conducted in an isolated meeting room,
Judge Martin replied, "The dignity of the
court will be dependent on the . work
produced, not on physical adornments."
He emphasized that it is more important
at this stage to use appropriated money
for the most vital things required for
efficient and productive operation of the
court.
The increased volume of appeals
precipitated by a change in the state
constitution -allowing appeals as a matter
of right in all types -of cases, appears to be
the greatest challenge ahead. This matter
· of right is without regard to fmancial
ability.
Judge Martin indicated that the
expected increase could be as much as 15
per cent per year. At present each judge
has the responsibility of deciding 80 cases
per year. Once filing reaches 100 cases a
year per judge, a backlog will develop
unless the court receive~ additional aid.
The Chief Judge explained that the
additional help need not be in the form
of increasing the size of the appellate
court. He urged the adoption of
innovative techniques such as the
"appellate settlement conference." The.
News-In-Brief
title is somewhat of a misnomer since the
cases are not settled but, instead, a single
judge meets with attorneys from
opposing sides to limit the controversy to
the most critical issues. Delimiting the
issues can cut by as much as two-thirds
the time required for a decision.
The Court of Appeals has made great
strides in becoming operative and,
although there are some things remaining
to be accomplished, the main task of
hearing appeals has begun. The filling out
of the administrative and legal staffs is
largely completed, and the court is also
seeking to improve certain rules of
appellate procedure.
The Kentucky voters have established
a youthful and energetic court unafraid
to break with the traditional to imP"ove
judicial efficiency. To critics, the uniform
court system may not yet be a decided
issue, but the aggressive attitude of the
Court of Appeals and the success of
similar state judicial reforms indicate that
the new system is here to stay.
LSD/ ABA Spring Conference
(Continued from page 1)
and Kentucky Bar Associations will make
presentations concerning student
involvement within the state bars.
Registrations are due Feb. 12, 1977.
They can be rna de through Peter M.
Simmons, Sixth Circuit Governor, 300
College Park, Dayton, Ohio 45469. A
registration fee of $30, payable to the
University of Dayton School of Law,
covers five meals, speakers fees and
handout materials.
Bill Analysis
At' the request of the Jefferson County
Legislative Delegation, the Local
Government Law Center continued its
bill analysis service through the 197 6
Special Session of the General Assembly.
Such service was provided to these
legislators during the 1976 regular session
of the General Assembly.
Every piece of legislation introduced
during the Special Session was analyzed,
and these analyses were distributed daily
to the Delegation. The purpose of this bill
analysis program was to indicate to the
legislators the actual effect and impact of
each piece of legislation.
The analysis staff was headed by Law
School Prof. Dee Akers, Director of the
Local Government Law Center. The bills
were analyzed by six analysts: four
attorneys and two graduate assistants.
Law School Prof. William Biggs served
as Legislative Relations Director.
Farnsworth To Give
Specific Performance
Prof. Edward A. Farnsworth, of
Columbia School of Law, and author of
the contracts textbook used at the Law
School, will be the third in the series of
Evelyn Crady Adams lecturers sp·onsored
by the Louisville Law Forum.
Mr. Farnsworth received his B.S.
from University of Michigan in 1948; his
M.A. from Yale in 1949; and his LL.B.
from Columbia in 19 52. He was admitted
to the Washington, D.C. bar in 1952 and
the New York bar in 1956.
Mr. Farnsworth joined the faculty of
Columbia Law School in 1954 and
became a professor in 1959.
Several law textbooks have been
authored by Mr. Farnsworth including:
An Introduction to the Legal System of
the United States; Cases and Materials on
Commercial Law (with J. Honnold);
Cases and Materials on Contracts (with W.
F: Young, Jr. and H. W. Jones); and Cases
and Materials 'on Commercial Paper.
During his two-day visit, Mr.
Farnsworth will conduct seminars on
"Contract History" and "The Uniform
Commercial Code and Contracts." His
major address will be delivered at 8:30
p.m. on Thursday, Feb. 8, in the Allen
Courtroom at the Law School. The topic
will be "United Nations Contracts" and
will be open to the public.
Also, while at the Law School, Mr.
Farnsworth will meet with selected
student organizations and dine with
interested faculty members.
Prof. Edward A. Farnsworth
·\ lOuisville Law Examiner~ February&; 19'77
Winter Vengeance.
Photographs by
Christopher Rivers
or
I I
Icy Beauty
. 9
10 LouisYDle Law Examiner, February 8, 1977
Humanities Endowment Plans Summer Seminars
Washington, D.C. - The National
Endowment for the Humanities
announces five one~month humanities
seminars for practicing lawyers and judges
to be held in the summer of 1977. Law
practitioners will be brought together
with distinguished humanists from the
fields of law, philosophy, and history for
the month of full-time study which will
be devoted to such topics as the· social
and intellectual context of seminal legal
cases, the nature of argument, the
meaning of justice, differing conceptions
of human rights, and the legal profession
and social justice.
Two additional seminars open to law
professionals will bring them together
with leaders from the fields of medicine,
public administration, school
administration, business, and labor to
study value conflict and the ethical
dimension in contemporary society.
Up to 15 participants will attend each
seminar tuition free and will receive a
$1,200 stipend to cover expenses, plus
reimbursement for travel up to a $300
maximum. Participants may be
accompanied by members of their
families, but the stipend will not be
increased.
Jerold S. Auerbach, Professor of
American History at Wellesley College in
Wellesley, Massachusetts will conduct a
June 27~July 22 seminar at Harvard
University on the relationship between
~e legal profession and social justice in
America.
David Lyons, Professor of Philosophy
at Cornell University, will hold a seminar
at Cornell June 6-30. The seminar will
examine a variety of problems that fall
under the heading of justice. It · will
attempt to familiarize legal professionals
with some of the most important
theoretical work on principles that bear
on their practice and to explore the
relation between such principles and
public policy.
Jeffrie G. Murphy, Professor of
Philosophy at the University of Arizona,
will direct a seminar to be held at his
university July 5-29. The seminar will
examine both classical and contemporary
philosophical literature dealing with
various kinds of rights - legal, moral,
natural, and human.
G. Edward White, associate professor
at the University of Virginia School of
Law, will direct a June 1~July 8 seminar
at Virginia. Focusing on the hypothesis
that judicial decision~making has been
limited by underlying intellectual
assumptions as to the nature and place of
man in society, the seminar will explore
this hypothesis by studying seminal legal
cases in American history in their social
and intellectual context.
James B. White, Professor of Law at
the University of Chicago, will conduct a
seminar at his university Aug. 8~Sept. 2.
The seminar will examine the nature of
argument about matters of public value.
John E. Smith, Professor of
Philosophy at Yale University, will hold
an interprofessional seminar on Yale's
Inflated Prices Noted
(Continued from page 3)
for $10.48. This price includes all postage
and handling. The U of L Campus
Bookstore sells the same volume for an
inflated price of $12:50.
The second book is entitled ·
Corporation Laws of Kentucky and is
published through the office of the
Secretary of State in Frankfort. A phone
call to Asst. Sec'y. of State Clinton
Newman revealed that the book was
designed to be sold for $4 and may be
purchased for that price by anyone, even
peop1e from out of state. The campus
Bookstore sells the book for $5, a 25 per
cent mark up.
The remaining book is entitled
Kentucky Penal Code and is published by
the Legislative Research Commission
(LRC) in Frankfort. The price of $5 is
clearly imprinted on the cover. The
Campus Bookstore, however, hides the
price by affixing its own sticker label
bearing a priceoof $6.50. When contacted,
Kathren Koellin of the LRC was aghast at
the price increase but not surprised.
These three books (and there probably
are others) clearly seem to demonstrate
some degree of price setting by someone
other than the publisher.
Remodeled library basement is now open; shelves are being filled.
campus June 27-July 22. Proceeding from
the premise that the current erosion of
moral sensitivity in contemporary society
follows from a loss of understanding of
the meaning of the ethical dimension is
and what it means.
Melvin M. Tumin, Professor of
Sociology and Anthropology at Princeton
University, will conduct an
interprofessional seminar at Princeton
July 19~Aug. 13. His seminar will deal
with the value conflict in contemporary
American society posed by emergent,
new values and ideologies: equality vs.
inequality of opportunity and reward; the
"system" vs. individual responsibilty for
life chances; and others.
Applications are invited from lawyers
in all sectors of legal employment,
including private firms, the judiciary,
administrative agencies and ·the various
levels of government, corporate legal
staffs, and community organizations.
Applicants should have at least five years
of professional experience. Lawyers with
full~time academic appointments are
ineligible. Selection of participants will be
made by the seminar directors with the
advice of selection committees.
The application deadline for the
seminars directed by Profs. Lyons, Smith,
and Tumin is April 15 with selections to
be announced about April 25. The
application deadline for Profs. Auerbach,
Murphy, G. E. White, and J. B. White is
May 1 ; selections will be announced
about May 10.
Further information, including a
leaflet describing the seminars in greater
detail and application forms, may be
obtained from:
Prof. Jerold S. Auerbach
Department of History
Wellesley College
Wellesley, Massachusetts 02181
Prof. David Lyons
Department of Philosophy
Cornell University
Ithaca, New York 14853
Prof. Jeffrie G. Murphy
Department of Philosophy
University of Arizona
Tuscon, Arizona 85721
Prof. G. Edward White
School of Law
University of Virginia
Charlottesville, Virginia 22903
Prof. James B. White
University of Chicago Law School
1111 East 60th Street
Chicago, Illinois 60637
Prof. John E. Smith
Clark Professor of Philosophy
1562 Yale Station
New Haven, Connecticut 06520
Prof. Melvin M. Tumin
Department of Sociology
2-N-2 Green Hall
Princeton University
Princeton, New Jersey 08540
In an editorial published- in the Examiner, Volume
Two, Number Four dated Nov. 9, 1976, the careless
degradation of the newly renovated building was noted
and a plea was made to students and administration
alike to treat our facilities with more care. Now, three
·months later, the same dirty walls and chipped
/
woodwork are not only still evident but seem to be
worse. Like a cancer this blight must be remedied at
an early stage or 'the ruin will reach a point where no
one any longer gives a damn.
Again, we urge the administration to begin
cosmetic surgery before the point of corrective
surgery is reached. What kind of image do we project
to the legal community? What image do we project to
. ourselves?
- - ------ ---
I.:Ouisville Law E'xam-iiler~ February '8, i 911 11
Nuclear Power Series
Many Un~nswered Questions
(Continued from page 2)
The conventional nuclear power plants that exist today are fueled with uranium in ­which
the uranium-235 has been enriched to the necessary level that will cause a chain
reaction to occur. At this level of enrichment, the reactit¥1 does not proceed at a rate
that could result in a nuclear explosion.
In a chain reaction, neutrons released by the splitting of the uranium-235 atoms
split others in a continuous cycle. Some of the neutrons encounter the neutral
uranium-238 and convert it to plutonium-239. Many other "new" atoms are created
by this spray of neutrons and by the splitting of uranium atoms.
As 'the enriched amount of uranium-235 decreases by being "used up," the spent
fuel must eventually be removed. It may then be reprocessed and ~parated into its
components. These are chiefly plutonium-239, uranium-235 and 238 and a residual of
radioactive waste products. The disposition of these very potent wastes is one of the
principal environmental concerns.
The uranium-235 and plutonium can be refmed to fuel-grade or with further
refming can be brought to the level of bomb-grade material. Thus, uranium may be
utilized as reactor fuel or in bomb production. Plutonium is also used as fuel in
experimental breeder reactors designed to convert large amounts of uranium-238 into
plutonium and utilize some of the latter in the "burn."
Radioactive wastes are classified as either of a "high-level" or "low-oevel" form.
High-level wastes are those which result from expending nuclear fuel. Low-level wastes
are all other radioactive garbage generated by nuclear facilities. Those wastes designed
as "low-level" may be either transuranic or nontransuranic in character. The
distinction is that transuranic wastes have been measured or are assumed to contain
more than a specified concentration (e.g. 10 nanocuries of alpha emitters per gram of
waste) of transuranic elements (i.e., elements with atomic number larger than 92).
Nontransuranic wastes are any radioactive waste material in which concentrations of
all radiation-emitting isotopes are small.
Included in the category of "low-level" garbage are those materials that have been
contaminated through contact with or close proximity to radioactive isotopes. These
materials may be sludges, test tubes, balances, tools of all types, construction materials
and a variety of other objects.
The current method of "disposal" of this class of waste is burial. Six such
commercial burial sites have been in operation at various times over the past several
years in the United States. Several of these are in operation at this time. Additionally,
an unknown number of active and abandoned burial sites have been utilized by federal
nuclear facilities. Operating practices at all these sites have come under ever increasing
scrutiny in recent months and there is growing concern about the efficacy of this
disposal approach as it has been practiced.
The chief problem in the management of radioactive waste arises from its potency
and persistence. Because a chemical reaction involves only the electron cloud of an
atom and not the nucleus, the radioactive danger remains no matter what chemical
combination of atoms may occur. While the persistence measured by half-life may
only be a matter of seconds for some nuclei, others are measured in millions of years.
For about 35 nuclei, there is great concern eit}\er because of powerful radiation or
long half lives. These include argon-41 with a half-life of only two hours; iodine-131
with a half-life of eight days; cobalt-60, five years; krypton-85, 11 years, tritium, 12
years; cesium-137, 30 years; plutonium-239, 24,000 years; and uranium-235, 710
million years. Elemental argon, krypton, and tritium are gases; the others are solids.
They may, however, occur in solutions or in a variety of chemical compounds.
Highly radioactive waste materials are commonly solidified in concrete or absorbed
in minerals such as zeolite or vermiculite and packaged in 55 gallon drums. Large
volumes of high-level radioactive waste, in the order of 100 million gallons, are
currently stored in underground tanks at governmental facilities at Savannah River,
South Carolina; Hanford, Washington; and the Idaho Nuclear Reactor Testing Station.
Two basic avenues of disposal of radioactive wastes are theoretically possible. One
is disposal by extreme dilution and dispersal; the other is by concentration into a srriall
mass. A problem with the former method is the way dilute radioactive wastes are
Attorney Surplus Explained
(Continued from page 3)
populace. Any optimum figure for the
Jefferson ADD would consider not only
the number of persons per lawyer, but
the frequency of their need for
representation as well. Mr. Abramson
discusses such variables in the demand
curve as the effect of no-fault divorce
laws, economic growth, the use of legal
assistants, the advent of group legal
services, and the growth in need of
representation for indigents.
The future supply of lawyers
generated by Kentucky's three law
schools and those persons who will come
from other states to practice in Kentucky
is also based on projections. Although
allowances are made for attrition of those
persons currently practicing, the supply
equation still yields a figure of 11,960
lawyers in Kentucky by 2000, a year
when the Commonwealth's projected
need will be for 6,765legal practitioners.
Mr. Abramson concludes his report
with a note that this type of forecasting is
an imprecise science due to the number
of independent variables involved. But, in
a recent interview he expressed
satisfaction with the report's accuracy
considering these unknowns.
"All that we're really trying to figlli-e ­out
is whether a young lawyer is going to
be able to make a living," explained Mr.
Abramson. Based on his findings, Mr.
Abramson recommends in the conclusion
of his report that educational planners
move to restrict the future supply of
lawyers in order to avoid ". . . the
economic harshness that market place
controls will impose."
Copies of the report may be obtained
for a nominal fee by contacting the
Office of the Council on Public Higher
Education at Capital Plaza Office Tower,
Frankfort, Kentucky, 40601.
reconcentrated by biological processes or by selective physical absorption. Fallout
from nuclear atmospheric tests was scattered by hemispheric dispersions of
cesium-137, yet concentration of cesium-137 in snow resulted in widespread
cesium-137 buildup in lichens growing in northern latitudes. This is the principal
forage for caribou, which in turn form a large part of the Eskimo diet.
Strontium-90 and cesium-137_ are absorbed by clays and thereby concentrated in
mud deposits of streams and from there into the biologic cycle. If solid or solidified
wastes are disposed by concentration, the heat produced tends to raise the thermal
gradient, to heat up ground waters, and generally increase chemical and physical
activity in the storage area. If heat builds up faster than it can be conducted away,
there is a possibility that the radioactive and contaminated materials could be melted
to create a molten mass of mobile material. In one demonstration, 40,000 curie of
mixed radioactive materials in 350 gallons of waste were converted into phosphate
glass; the decay of radioactive materials in the glass generated 1500 watts of heat.
Today there exists no effective means of ultimate disposal for these highly active
and/or long lived radioactive isotopes. There have been suggestions to bury them in
salt formations; to rocket them into outer space; to transport them to polar regions; to
transmute them to harmless elements; and to deposit them in oceanic deeps. Some of
these suggestions would require international agreements. Others would require
technologies that don't exist at this time.
Even reprocessing of spent fuel has encountered problems. Recently, the operator
of the long-idle nuclear fuel reprocessing plant at West Valley, N.Y. said that even
under the most optimistic circumstances, he expected that it woudl take more than a
dozen years and more than $600 million of additional capital to bring the facility back
into production. It was also noted that additional costs of reactivating the West Valley
plant, projected to 1988, would make the contract price $1.1 million a metric ton,
more than 20 times the highest 1970 contract price. He concluded that these and
other "stark facts" made the plant commercially impractical.
As a matter of fact, there does not exist today a non-government operating
reprocessing plant. All spent fuel rods must be placed in storage, usually but not
necessarily at the reactor site, until such facilities become available.
Temporary storage is the only option available today. Initially, the problem is one
of the practicality and legality of temporary storage techniques. Ultimately it is one of
defming the physical capacity of the environment for safe storage and the morality of
creating dangerous materials whose handling may exceed the technical and economic
competency of our present society.
A few of the unanswered non-technical questions involving storage are: Who owns
and is responsible for the waste that is stored? What is the community-state-federal
relationship in the selection of repositories? If transportation accidents contaminate
large areas of land or if spills occur within cities, who is to bear the cost of
decontamination or abandonment of these areas?
Because three-fourths of the remaining fossil fuel resources of the world are owned
by one-third of the world's population, much of Western Europe, Africa and Japan
could be very dependent on nuclear energy by the end of this century. Estimates are
that from 25-50 per cent of U.S. electricity might be generated by nuclear processes
by the year 2000. The number of domestic nuclear reactors may increase from the
existing 50 or so to five times that generating capacity over the next 24 years. Can we
effectively cope with the technical and the social problems involved with nuclear waste
disposition in this brief time span?
If our national record of inertia and ineptitude as demonstrated in the disposal of
toxic and hazardous chemical waste is a prologue to the radioactive waste program, we
will soon follow the Swedish example. Our negligence will result in the loss of what
could have been a viable part of our ~nergy mix.
While we seek solutions to the waste problem, our immediate and ongoing response
to the energy problem must be a meaningful and all inclusive conservation program.
Innovative technology evolving from sound basic research in the areas of energy
conversion from solar radiation and more effective storage and transmission of
electrical energy can greatly lessen our need for the generation of more electricity by
conventional means.
The world cannot allow itself to blindly depend on significant energy from nuclear
sources during this century. There are too many unanswered questions. "That doesn't
mean stop. It means, for heaven's sake, stop to think!"
John Filiatreau (left), Courier-Journal investigative reporter, spoke on priaon
reform and relations between lawyers and the press in a lunchtime talk.
12 Louisville Law Examiner, February 8, 1977
Feb. 10, 11:
Feb.l2:
Feb.22:
Feb.25:
Feb. 25,26:
MarchS, 6:
March 11:
CALENDAR OF EVENTS
Evelyn Qady Adams Lecture Series, Edward A. Farnsworth, Distinguished
author and Professor Columbia University School of Law, Allen Courtroom,
Belknap Campus, 8:30p.m.
Student Bar Association Dance.
Lunchtime Speaker Series, Russel McDaniels, Jefferson County Police Chief,
Allen Courtroom, Belknap Campus, 12:10 p.m.
Student Bar Association Smoker, Red Barn, Belknap Campus, 4-7 p.m.
The Federal Tax Reform Act of 1976 (f:state and Gift Tax) Cochran
Auditorium, Strickler Hall, Belknap Campus.
LSD/ ABA 6th Circuit Spring Conference, University of Dayton School of
Law, Dayton, Ohio.
Student Bar Association Smoker, Red Barn, Belknap Campus, 4-7 p.m.
Mudl 11, 12: No-Fault Auto Insuraltce, Ky. Dam Village State Park.
Much 18, 19: No-Fault Auto Insurance, Rough River State Park.
Mardl20-27: Mid-term Vacation.
Mardl 25, 26: The Federal Tax Reform Act of 1976, Middleton Auditorium, Strickler Hall,
Belknap Camp~s.
Mardl 31, Evelyn Crady Adams Lecture Series, Jerrold Israel, Distinguished author and
Feb. l: Professor University of Michigan School of Law (times and places to be
announced).
April I: Student Bar Association Smoker, Red Barn, Belknap Campus, 4-7 p.m.
April3: · Student Bar Association Picnic.
April IS, 16: Consumer Credit and Protection, Middleton Auditorium, Strickler Hall,
Belknap Campus.
April19: Last Day of Classes.
April 20-22: Reading Days.
April 23-May 6: Exams.
Apri129, 30: Appellate Court Practice, Murray State University.
May 8: Ball-on-the-Belle, 8 p.m.
May ll-13: Kentucky Bar Association Annual Convention, Executive Inn East and West,
Louisville, Ky.
May IS : Commencement.
Examiner Staff Needed
The Louisville L.aw Examiner is a student organization that is open to all
students of the Law School. Currently, there are several staff positions available
including editorships. While experience is desired, it is not necessary. The cu"ent
editors and staff will provide the guidance and training on an individual basis. All
interested students are encouraged to attend the regular meetings in the
EXIlminer of}rce in the Annex on Tuesdays at 12:15 or 'See any editor or staff
member for information.
takes you from one case in any law book to all cases in point. Take a cited
opinion. Check the Table of Cases in your Key Number Digest. There you'll
find the Key Number that classifies that case and all others in point. And this
method works even when you begin with cases from books not based on the
Key Number System. That's one way the compatible Key Number System
makes your library more valuable, more useful. Find out how you can put it
to work too, today.
liEIE PFLUiiHAUPT
B.S. Northwestern University
LL.B. Southern Methodist University
WEST
PUILISIIII Cll~lll
louisville- 584-5058
Shelbyville- 633-6615
How to Cross-Examine a
Life Insurance Salesman
Begin by Asking Him the Price
Sponsored by the. Law Student Division of the American Bar
Association through the Minnesota Mutual Life Insurance Company,
$75,000 of term life insurance is offered exclusively to law students at
a nominal annual fee of $162.50.
For additional information
contact the law School's
representative:
James A. Hoyer, C.L.U.
549 Starks Building_
Louisville, Ky. 40202
583-5500 (office)
896-1408 (home)
Jim will be glad to answer your questions and provide you with a free
brochure.
Faculty Arbitrators
(Continued from page 4)
It took several years to build up a
reputation in order to be chosen for
regular arbitration work, Mr. Thomson
said. Mter becoming established most
arbitrators tend to specialize either by
choice or because of the type of cases
they are regularly chosen to hear, he
explained.
Arbitrators usually work within several
hundred miles of their home. However,
Mr. Thomson said that a large number of
his cases have been in the Cincinnati and
Columbus regions.
According to Mr. Thomson, contract
law is the heart of arbitration work. He
explained that grievances usually arise
over the interpretation of a clause in the
labor contract. Some of.these disputes are
complex and require interpretation of
intricate contract terms. Mr. Thomson
said some of his recent cases have taken
several days to hear and have involved
substantial amounts of money.
Mr. Thomson said that his arbitration
work keeps him on his toes because he
has to meet deadlines just as law students
have to keep up with their work. He
believes that arbitrating is an invaluable
aid to his classroom preparation.
Dean Harold G. Wren has been a
member of the FMCS since 1958.
Because of his administrative duties over
the past several years he has not been as
active as he once was.
Having six arbitrators on the faculty is
"as many as any school" in the country
according to Dean Wren. He explained
that this is purely coincidental. Dean
Wren said he "personally feels good"
about the number of arbitrators at the
Law School and considers it to be an
asset. He expressed hope that the Law
School will be able to draw on the
expertise of these arbitrators more in the
future. llnuisuillt
Louisville Law Examiner
School of Law
University of Louisville
Louisville, Kentucky 40208
Non-Profit
Organization
U.S. POSTAGE
PAID
Permit No. 788
Louilrille, Ky.