.John M. Harlan Louis D. Brandeis
Louisville Law Examiner
Serving The University of Louisville Law School Community ..
Volume 2 Number 8 Louisville, Kentucky, March 29, 1977 Circulation 4000
Armstrong Eyes
Juvenile Court Space
Interior of the Hall of Justice at its dedication Aug. 5 of last yean.
Journal Elections
by Julie Williams and San Moore
It has been less than a year since the
occupants of the Hall of Justice moved into
their new offices and courtrooms and
already space is a scarcity. '
Some of the space allocated . for the
Juvenile Court, which has not moved into
the Hall of Justice, has been requested by
the Commonwealth Attorney's office. ·
Since the building was designed, the
Commonwealth Attorney's office has
employed full-time prosecutors, imple­mented
three new programs, and created 31
new positions.
The space for the Commonwealth
. Attorney's offices in the Hall of Justice is
not adequate to house all of the additional
the Legal Arts Building on the corner of 7th
and Market Sts.:and the Hall of Justice.
The new r ederally funded programs are
the Carter Criminal Bureau, PROMISE
and the Economic Crime Bureau. The
Commonwealth Attorney's office has
requested that the Economic Crime Bureau,
which is concerned with white collar crimes,
and PROMISE, a computer records sys­tem,
be allocated space in the Hall of
Justice. It is necessary for these two pro­grams
to stay together to facilitate manage­ment
and to keep from diversifying the
Commonwealth Attorney's office. ·
The Career Criminal Bureau, which is
involved with the habitual offender, will
stay at its present location in the Legal Arts
Building.
Fuller Selected Editor-in-Chief
by Jeannie Baker
The Law School's Journal of Family
Law recently elected Dan Fuller as
Editor-in-Chief for the 1977-78 term. Mr.
Fuller, a second year student, holds a B.S.
in business administration from George­town
University. The new editor stated that
this year's Journal Board plans to carry on
the excellence and professionalism of the
out-going staff. He said that the Journal
was in terrible shape when last year's Board
assumed their positions, but that the 76-77
Editorial Board was probably the "best"
that the Journal has ever had. "They
turned over a journal that can be built
upon," he stated.
Mr. Fuller's responsibilities as Editor-in­Chief
are mainly two-fold: administrative
and editorial. The administrative duties
include not only acting as liason between
the Journal and the administration and
faculty, but also supervision over the jobs
of the other editors as well.
His editorial duties will consist of final
editing and approval of all materials
published in the Journal and planning the
content of each issue.
The only change in the actual format of
the Journal, Mr. Fuller stated, will be to
include "recent developments." He ex­plained
that the Journal now consists of
articles, notes, casenotes, book reviews,
and sometimes commentaries.
Recent developments will be written by
the Journal's candidates and will consist of
"a squib" of the more important recent
cases. Since the Journal is used by legal
practitioners, this will make recent
developments of particular importance.
Mr. Fuller has already encountered
frustrations with his new position. He
explained that this year scholarships have
been taken away from the Journal. He
protested, "It's maddening because we
need good people for the Journal and if
they can go downtown and make $2,000 to
$3,000 a year, some will do so."
However, Mr. Fuller pointed out the
benefits of working on the Journal. He
emphasized that working on the Journal
gives the law student writing experience
that cannot be obtained elsewhere in the
Law School, since the school does not offer
a-course in legal writing. "Experience with
the Journal teaches the student to
analyze," he said.
Mr. Fuller explained that another benefit
which accompanies Journal work is "that
you get to publish something you write."
A publication is particularly valuable to the
student when he or she applies for a job, he
said.
In addition, completion of a publishable
note fulfills the Law School's writing
requirement which is necessary for
graduation. Furthermore, because Journal
work is academic work, credit hours can be
earned.
The Journal's influence extends beyond
the Law School as well. At present, the
Journal has subscribers in all 50 states, the
District of Columbia, the United States
Territories, and 36 foreign countries.
The single nature of this journal provides
it not only with a vast number of
subscribers, but with a ready accessibility to
lead articles which "general" law reviews
do not enjoy. Authors in the field of family
law .are aware of the Journal's existence
and seek it out as a source to publish their
(Continued on page 4)
The location of the Economic Crime
Bureau and Promise has not been
determined. Charles Horton, administra­tive
assistant to the Commonwealth's
Attorney Dave Armstrong indicated that
ideally the entire office should be together
because it is difficult to have effective
management when the office is located in
various places.
As it currently stands, on Apr. 8- the
Juvenile Court offices will move to their
new facilities on the second floor of the
Hall of Justice.
Sue Bond, Court Administrator for the
Juvenile Court headed by Chief Judge
Richard Fitzgerald, cited two major
reasons why the move into the specially
designed area is so important.
The first is the improved holdover
facilities. This is for the "high risk" child
who must be securely detained while
awaiting his or her court appearance. The
new holdovers will be out of an area of
public access as opposed to the present
facilities which are near a public hallway.
In addition to the two units separating
males and females, there are two smaller
areas designed for housing individual
offenders. This will provide extra security,
but primarily will afford an area for private
client-attorney conferences which pre­viously
had often been conducted in the
hallway area shared with court witnesses
and spectators.
While the area specified for the
holdovers is not in dispute with the
Commonwealth Attorney's office, that
office did raise some objections as to the
route by which the child will be transferred
to the facility. In the original plan, the
young offenders would be brought through
the basement where the booking area for
adults is located. There was some concern
about the exposure between the two
groups. However, this mixing has been
eliminated by an alternative plan which
(Continued on page 8)
On the Inside
Brandeis Brief .............••• p. 2
Law Forum Elections ... • •.. •.. p. 3
LEXIS . • ....•.•.••...•...•.. p.3
Clinical Course ..•.•....•..... p. 4
Honor Society Formed ..•.•.•.. p. 4
Alumni Remembers ....•.•..•• p. 5
English Legal System • • • • . • . • . • p. 5
Dean's Dicta .•.....•.• : • .•... p. 6
Summer Studies Abroad •.. .' .•. p. 6
Book Review ..•..•.•.••••.••. p. 7
Moot Court Results ..••.•.••.•. p. 8
PAD Program •.•... ; ......... p. 8
Brandeis Brief
On page two, Minx Auerbach presents
a consumerist's view of nuclear power.
2 , Louisvillt: Law Examiner, March 29, 1977
~nuisuillt ~aw £xamintr
18. 46
DONALD W. PEARCY
Editor-in-Chief
CHRISTOPHER P. RIVERS
Mllnqing Editor
KENNETH GOLLIHER
A110Citlte Editor
Sin Scott MooR
City Editor
AlaD l'lnDol
Fet~tures Editor
Ed \1ann
(;eor~:e \1oss
Chri~topher Seaman
LEE J. CALARIE
Business Mtlnager
VALERIE SALVEN
Associtlte Editor
I
Staff I Julie Williams
Susan Zimmerman
Jeannie Baker
Judge MARUN M. VOLZ Advwr
Editorial
Trashy Editorial
On two separate occasions the Examiner
has editorialized (once by words and the
other by photo) on the quickly deteriorat­ing
condition of our newly renovated main
law building. We are happy to report that
some of the "scuffed" walls are now being
cleaned.
Another form of blight has come to our
attention. Whereas the heel marks on the
walls were unintentional and carelessly
inflicted, this new form of depreciation is
so frequently seen that one begins to
wonder if it is not an organized conspiracy
to purposely despoil our school of its
beauty.
That destruction of which we speak is
purely and simply, litter. Look into any
classroom at the end of a school day and
see the multifarious pieces of garbage
cluttering the desks and floors - drink
cans, potato chip bags, coffee cups and
more. Such a cavalier attitude to cleanliness
should not be taken simply because a
"clean-up crew" comes in each night. More
respect should be given to a fellow student
who will use the room next period - he
should not have to wade through another's
fllth to fmd a seat.
We do not advocate the banning of
drinks and snacks from the classrooms.
Nor could rules to such end be easily
enforced. We would ask, however, that
each student have the courtesy to police
himself and clean up his own debris.
Another prime culprit is the cigarette
whose smoke invades the curtains leaving
an odor, whose burn marks can be seen on
various surfaces where a thoughtless
smoker laid it down and forgot it and
whose butt, more often than not, winds up
on the floor.
The litter, like the scuff marks on the
walls, is probably the result of thoughtless
students who unintentionally forget to
retrieve their refuse on their way from the
classroom. However, one form of visual
pollution is intentionally place before us by
the student - that of the wall sign.
Students are never satisfied with one
poster centrally located for easy accessbil­ity.
Instead, dozens of identical placards
are literally strewn about the walls often
within a few feet of one another.
.While the signs hand, they form an
unsightly mess on the doors and walls.
When they are removed, most often pieces
of tape are left to bear witness to their
previous existence. And sometimes, a piece
of paint may be lifted from the surface.
Part of the fault lies with the
administration for its failure to provide a
central bulletin board on which students
and organizations may post their notices. A
board had hung across from the library
desk but was removed to cut down on the
noise of the students stopping to read it and
chatting. This bulletin board was placed in
a little used nook in the basement which is
anything but conducive to its purpose of
dissemination of information. As a result,
we now have marred walls, congested
passageways (as students stop to read the
notices pasted to the doors) and a generally
run-down appearance to our law school.
Howev~r. much of the blame lies with
each and everyone of us who use the
building. We must take it upon ourselves to
post notice of events adequate to inform
the reader but not deform his environment.
Most of these suggestions are minor in
nature but if each were adopted, the result
would be a major step in creating and
retaining a school of distinction and beauty
of which we all could be proud for years to
come.
The Louisville Law Examiner is published every three weeks on Tuesdays during the
academic year except during holidays and examination periods in the interest of the University
of Louisville Law School community. The Louisville . Law Examiner does not necessarily
express the views of the University. Editorial opinions are those representing a majority vote
of the managing 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.
requins written permission. Address all communications to the Louisville Law Examiner, Room
109, School of Law Annex, University of Louisville, Louisville, Kentucky 40208, or phone:
(502) 588-6399.
Brandeis Brief
Nuclear Power Series
Private Profit or
Public Interest?
Minx M. Auerbach is the director of
the Department of Consumer Affairs
and has been since its inception July I,
1974. Appointed by Mayor Harvey I.
Sloane, she was the first woman ever to
head a department in city government.
Prior to her appointment she was
active in community and civic affairs
and sat on many boards and chaired
many of them.
Mrs. Auerbach was asked by Mayor
Sloane to research information on the
Marble Hill Plant, and arranged a
public debate in March 1976 between
national nuclear experts on both sides
of the issue.
by Minx M. Auerbach
In spite of the fact that reams of print have been published about nuclear
power, both pro and con, it is little understood by the general population. I say
that because I am convinced that if more people were aware of the consequences
of a "Plutonium Society," there would be great protest demonstrations all over
the country.
I am not a scientist, engineer or economist. But, I have listened carefully to
what many of them are saying about the dangers and exaggerated economics of
nuclear power. I am a consumer advocate, and I am aware of how industry can
and does influence government to make decisions that will reap great monetary
rewards for special interest even if it is harmful to the public good. Somehow, we
have muddled through it all, but the trade-off for nuclear power is much too
great to even consider "business as usual."
I don't mean to say that the whole nuclear controversy is one of just excessive
profits to a few. It is much more complex than that. Our whole society is built on
the consumption of energy. We constitute less than six per cent of the world's
population, yet we consume 40 per cent of the world's energy. Utility rates are
predicated on the large consumption of energy (i.e., the more used, the lesser
rate). Our whole economy is built on consumption of everything, and continued
growth of consumption.
We are running out of the finite fuels used to stoke those fires of consumption
(oil, gas, and coal).
The proponents of nuclear power think it necessary to develop a system of
nuclear reactors by the year 2000 to sustain this overconsumption, regardless of
the risks involved. The proponents are part of what Richard Falk, professor of
International Law and Practice at Princeton University calls "the
nuclear-industrial complex" which he asserts is built on the military-industrial
complex. While this new complex purports to be working for the public interest,
it is really working for the profits of a rather small sector of American society.
The Nuclear Regulatory Commission (NRC), which is supposed to regulate
nuclear plants, is part of that complex, and, instead of protecting the public,
pursues a policy of advancing the nuclear industry. This was very apparent at the
hearing the NRC held in Madison, Indiana on the proposed Marble Hill Plant.
There are strict limitations on the kinds of questions that may be raised and even
who may raise them. · ,•
The City of Louisville and Jefferson County governments have been denied
full intervention status because the application to be an intervener was received
six months after the deadline. Even though both agencies documented creditable
reasons for this delay in the appeal that was filed, the request was still denied. The
NRC does not want to delay the process that will hurry this plant to fruition.
NRC has never denied any plant a construction permit, even though there were
safety questions posed by their own staff. Robert Pollard, a project manager for
NRC resigned because he was convinced the Federal Government was far more
interested in seeing nuclear plants built quickly than it was in seeing them built
safely. He says that none of the 55 plants now in existence can be operated with
confidence in their safety. At any given time, up to one-third of these plants are
shut down due to "technical difficulties."
Last fall21 plants were ordered to close down to investigate possible leaks in
their reaction cooling systems. Should the cooling system of a reactor break
down, the core of radioactive fuel would overheat into a large uncontainable
radioactive mass, melting the entire plant and producing a lethal, radioactive
cloud which would leave thousands of square miles contaminated and
uninhabitable.
A typical nuclear power plant contains an amount of radioactive material equal
to the radioactive fallout from thousands of Hiroshima-size weapons. This
gaseous cloud could be carried by the wind for many miles.
(Continued on page 7)
Louisville Law Exarniner,'M'arc'h 29. 1977 3
Musson Promises Expanded Law Forum
by AI Parsons
Spring weather brought more than
warmer temperatures as the majority of
Law School organizations held their
perennial elections this month. One of
those organizations hoping to capitalize on
new officers and innovative ideas is the
Louisville Law Forum. In double elections,
the Law Forum selected both its new board
and subsequently the board selected its
officers. ·
On Mar. 10, Charles Musson, a graduate
of the University of Virginia majoring in
history, assumed the role as board
president. Anne Payne was selected as
vice-president and Cynthia Greene became
treasurer. Ms. Payne is a graduate of U of
L with a B.A. with Honors in humanities
and is currently a Masters candidate in the
same field.
Ms. Greene received a B.S. in retail
merchandising from University of Ken­tucky
and an M.B.A. from U of L.
Rounding out the officer slate is Susie
Zimmerman, a graduate of Dartmouth
University's Russian Department, who was
elected to fill the new post of secretary.
That position had been· previously
combined with the treasurer's post.
The remaining board members, elected
Mar. 2 by the general membership of the
Law Forum, were Joe Neary, Kevin Smith,
Tim Pfister, Bob McBeth, Leslie Richard­son
and Ken Plotnik.
When interviewed, the new president
indicated that the primary emphasis at this
point would be in improving organization
within the Forum. Other goals included an
expansion of both membership and
programs presently sponsored by the
forum.
(Left to right) Charles Musson, Susan .l1mmerman, Joe Neary, Anne Payne,
Cynthia Green, Bob McBeath, Leslie Richardson.
In the membership area, the new board
plans to conduct a major campaign to
attract incoming first-year Jaw students
this fall. In the latter area, several ideas are
presently being considered. One possibility
consists of a film series on practical legal
topics available through the American Bar
Association (ABA). The films would be
shown at noon as a possible adjunct to the
Lunch Speakers program.
Another idea being seriously considered
is the implementation of a Law Day,
probably centered around the late Supreme
Court Justice, Louis D. Brandeis. A full
day of activities aimed at both student and
alumni participation would be planned,
concluding with a dinner or dance in the
evening.
Other ideas include possible sponsorship
of a "Libel Show," student characteriza­tions
of the Law School's more colorful
deans and professors, and a limited oral
advocacy program on the order of point­counterpoint
debates. Mr. Musson hopes to
see the board sponsor one main event a
month during the school year.
Although a final plan of next year's
activities has yet to be completed, the fresh
Automated Short-Cut
ideas coupled with a continuation of the
various speakers programs organized by the
Forum, entails a very ambitious under­taking.
Mr. Musson identified two key
limiting factors on future plans; the
number of members available to plan and
supervise the programs, and financial
support.
The Brandeis Lecture series which
brought Gen. Russell E. Dougherty and
Leonard Boudin to the campus is presently
funded by the Student Bar Association
(SBA). The Forum's Evelyn Crady Adams
Visiting Lecture Series that has brought
four leading professors in various fields of
law to the Law School is funded by an
endowment. However, an expanded
program will demand new financial
sources, Mr. Musson explained.
The new president feels that the
programs put on by the retiring board were
by and large a success but that much
improvement was needed to realize the
Forum's full potential. He cited scheduling
difficulties that need to be overcome,
difficulties that left first-year students
unable to attend a majority of the
scheduled lectures. Program publicity was
mentioned as another deficiency, especially
in the area of notice to law alumni.
The program to date has been based on a
broad appeal to students, faculty and
alumni. While the benefits for students are
obvious, those accruing to the alumni and
faculty are often overlooked. The latter two
groups are afforded an opportunity to
acquire the latest in innovative ideas,
teaching techniques, theories and practical
legal tools from experts from throughout
the country. The crux of success of the
planned program · will be the increased
participation by all three groups, Mr.
Musson reiterated.
New Research System Due
By Way of Explanation. , ,
In the last issue of the Examiner
(Mar. 1) there appeared an editorial
entitled "Dark Shadows" which
created quite a stir among the student
body. For the first time in nearly two
years of publication, an editorial was
initialed. A word of explanation is in
order.
Like many Supreme Court deci­sions,
that editorial had concur­rence,
dissent and even one concur/
dissent in part. True, it was not
a majority decision of the Editorial
Board but it was something which I
felt had to be said. Although a
majority of the Board did not agree
with its content, they did "acqui­esce"
to its in~lusion (in deference to
my position). In no way did I usurp
the power of the Editorial Board and
print something against their knowl­edge.
The initials appeareo with the
agreement of the Board to show that
it was not a clear majority opinion.
One other point I would like to
make. In no way did I intentionally
implicate the Preston supporters as
being faithless to their candidate. I
strongly support and recognize those
who earnestly worked for and voted
for Scott Preston. I intended only to
lash out at those who had merely
used Mr. Preston as a means by
which to accommodate their own
ends.
Don Pearcy
Editor-in-Chief
by Chris Seaman
LEXIS will be introduced to the Law
School this fall as proof that there is a more
humane way to deal with legal research.
The most valuable thing to an attorney is
time and much of this time is consumed in
legal research. Now, LEXIS, a computer­assisted
legal research system, will enable
one to become more effective while
utilizing liis time more profitably.
LEXIS is being acquired by the Law
School through the Mead Data Central
Co., Inc. for approximately $8,500 per
year. Local law firms pay , between seven
and eight times this amount for the use of
this system in their firms. Presently it is the
only system available to lawyers in private
practice in the U.S. U of L will be the first
law school in Kentucky to acquire this
computerized research system.
The LEXIS user will exercise control of
the system through the research terminal,
which will be located in the library and is
transmitted by telephone to the central
computer in Dayton, Ohio. The research
terminal includes an electronic keyboard, a
video screen, and a hard-copy printer from
which a user may obtain a permanent
record of materials appearing on the video
screen.
Although computerized legal research
may be the most efficient aid to lawyers
since the advance sheet, it still has its
limitations. One can research only the law
that has been put into the computer's
memory. As of this writing the materials
listed below are available in full text.
1. A general federal library, consisting
of all reported decisions of the U. S.
Supreme Court from 1938 to the present;
the U. S. Circuit Courts of Appeals from
1959 to the present; the Federal District
Courts from 1970 to the present; and the
United States Code.
2. A federal tax library consisting of the
Internal Revenue Code and Regulations;
the Cumulative Bulletin since 1954; all tax
decisions of the federal courts, from
various dates (differing from court to
court) and complete to the present (for
example, from the Supreme Court since
1913); and legislative history materials
related to the 1954 Code and subsequent
tax legislation.
3. A federal securities library, consisting
of the relevant statutes and regulations,
cases and no-action letters.
4. A federal trade regulation library,
consisting of federal court cases and
Federal Trade Commission decisions.
5. Libraries of the statutory and case law
of New York, Ohio, Missouri and Texas.
An Illinois library is in the works.
According to Asst. Dean Steven R.
Smith, the hours, rules and regulations for
LEXIS will be set up on an experimental
basis until a sound program can be
established. Training programs, said Mr.
Smith, will be scheduled on a limited basis
with the time and place announced at a
future date.
Students will be given top priority and
the program will be established with their
interest in mind. Subsequent programs, if
feasible, will be broader and may include
persons outside the Law School.
Mr. Smith commented that he has
"lusted" for this computerized research
system for four years. He stated that the
system has unlimited potential in legal
research and will augment the students'
legal education greatly.
LEXIS is one of the most innovative
methods of legal researching in existence
today. U of L, courtesy of Mr. Smith.
Law School Dean Harold G. Wren and
others, is staying abreast of other quality
law schools in providing "its law students
with an excellent modern and · practical
legal education.
4 l.ouis,·ille l.aw Examiner, March 29. 1977
Israel to
Lecture
Jerrold H. Israel, professor of law at the
University of Michigan will be the
Louisville Law Forum's fourth and fmal
Evelyn Crady Adams Lecturer for 1976-77.
Mr. Israel was born in 1934 and received
his B.B.A. from Western Reserve
University and his LL.B. from Yale. He
served as a law clerk to Justice Potter
Stewart from 1959-61.
His teaching career began at Michigan in
1961 and he has since taught at Stanford
Law School and the University of Florida
as a visiting professor.
As a law professor at Michigan, Mr.
Israel has taught criminal law, criminal
procedure, constitutional law, and clinical
law. He has also participated in various
police, prosecutor defense counsel, and
judicial training conferences.
Mr. Israel is presently serving as
executive secretary to the Michigan Law
Revision Commission. His other profes­sional
activities have included serving as
chairman for the Michigan Bar Committee
for the Implementation of the President's
Crime Commission Report, and as
co-reporter to the National Conference of
Commissioners on Uniform State Laws,
Committee to Revise the Unifrom Rules of
Criminal Procedure.
Mr. Israel has published numerous
articles and textbooks. He co-authored
Basic Criminal Procedure, Modern Crimi­nal
Procedure, and Criminal Procedure in a
Nutshell, and has also written documenta­ries
which have been filmed in order to help
train police in the legal aspects of crime
fighting.
Mr. Israel will conduct a series of
Prof. Jerrold H.lsrael
seminars and deliver a major address
during his visit at the Law School. On
Thursday, March 31, his topic for
discussion in a morning seminar will be
"The Exclusionary Rule." Later that
evening at 8:30 p.m. in the Allen Court
Room of the Law School, Mr. Israel will
deliver a major address entitled "Access to
Federal Courts".
On Friday, Apr. 1, between 9:25 a.m.
and 12:15 p.m., Mr. Israel will conduct two
seminars. The first discussion will focus on
"Gag Rules" and the later topic will be
"Grand Juries".
Mr. Israel will also meet with the Journal
of Family Law and various members of the
faculty and the administration during his
visit.
The seminars and address are open to the
general public and the Law Forum urges all
to attend.
Journal Staff Changes
(Continued from page 1)
works, whereas many "general" law
reviews must actively recruit lead article
contributions.
Mr. Fuller, along with Meg Eggington,
last year's Editor-in-Chief, Susan Krutzler,
Managing Editor for the new board and
Greg Seelig, one of the new board's notes
editors will attend the National Conference
of Law Reviews in Cleveland, Mar. 25-28.
Most of the law reviews in the country will
be represented. The speaker for the
conference will be former Supreme Court
Justice Tom C. Clark.
Mr. Fuller said that the members of the
board hope to get an "interchange of
ideas" from the conference. The program
will consist of several seminars in which
specific journal topics will be discussed as
well as the publication of the journals
themselves.
Other editors elected to serve on the
Board for the 1977-78 term include Mike
Warren who will serve as Executive Editor
and Randy Gibson who will act as Articles
Editor. Mr. Warren holds both A.B. and
M.A. degrees in history from Morehead
State University. Mr. Gibson received an
A.B. in political science from Miami
University.
Selected as Managing Editor was Susan
Krutzler, a history major from the
University of Kentucky. The Notes Editors
are Anne Payne, Mark Dobbins, Chris
Bryant, and Greg Seelig.
Ms. Payne majored in humanities at U of
Land is an M.A. candidate. Mr. Dobbins is
a political science major from Emory
University. Mr. Bryant completed his
undergraduate work in government at
Centre College. Mr. Seelig holds a B.A. in
economics from U of L.
Also selected were Cliff Travis and
Dennis Shaw to serve as Associate Editors.
Mr. Travis holds two degrees, an A.B. in
. political science from U of L and an M.A.
in speech communications from the
University of Oklahoma. Mr. Shaw
received a B.Ch.E. in chemical engineering
from U of L.
A banquet was held Friday, Mar. 4 in
honor of the newly elected Board at
Stouffer's. Among those attending were
Law School Deans Norvie Lay and Steven
Smith, Prof. William Reed and their wives.
l.efl lo righl, standing, Mark Dobbins, Cliff Travis, Dennis Shaw, Mike Warren, Greg Seelig; sil­ling;
J\nne Payne, Susan Krulzler, Randy Gibson, Dan Fuller, Chris Bryanl.
Clinical
Course
Offered
by Susie Zimmerman
As a former Kentucky native once
remarked, "A lawyer's time and advice are
his stock in trade." These words are
enshrined in almost every law office you
enter. Great theory, but how can we make
it apply?
The Law School faculty has recently
approved a civil clinical course under the
direction of Asst. Prof. Lloyd C. Anderson
to instruct students in the "lawyering
process."
To be offered each semester for three
credits, the program will consist of a once
per week seminar, using textbook and
videotape materials, and the actual practice
of cases, secured through the Legal Aid
Society and supervised by Mr. Anderson
and staff attorneys of the Society.
The weekly seminar will center on
theory: what the necessary skills are, how
they may be acquired and implemented,
and what outside sources might be useful to
the lawyer should special problems arise.
The textbook to be used, Conflict,
Resolution and the Lawyering Process by
Prof. Gary Bellow, will be published for
this first time this fall by Foundation Press.
"It's one of the first books of its kind
because it covers all phases of the lawyering
process," Mr. Anderson noted.
The textbook will consist largely of
excerpts from writings by lawyers,
historians, psychologists, newspaper
writers and similar specialists in social
behavior. "They all have something to
offer lawyers in the lawyering process,"
Mr. Anderson explained. "The historian,
for example, is an expert at reconstructing
events in logical order. The journalist is an
expert at interviewing people. The
psychologist is an expert in negotiation."
Every student will be required to "star"
in a videotape of some aspect of the
lawyering process, including interviews,
counseling sessions, negotiations with the
other side and trials. The videotapes will be
tied into the theoretical material as well.
"I hope to use the videotapes as
illustrations of all the different phases of
being a lawyer. Body movements, manner
of speech - they all affect the way you do
your job," Mr. Anderson said.
For the first year, the enrollment will be
strictly limited to 15-16 students with third
year status. These limitations arise due to
the other phase of the program: actually
practicing law.
Only third year students can receive
certification by the Supreme Court of
Kentucky to practice under supervision.
The number of cases each student will
handle will be strictly limited to about three
or four per semester, to be supervised by
Mr. Anderson or a staff attorney with the
Legal Aid Society.
"We want the student to have a high
quality experience - to be able to do a
thorough job on each case," Mr. Anderson
explained. "The Legal Aid Society will
provide the clients. The student will go
downtown at a particular time and
interview the client who comes in. From
that point on the student takes responsi­bility
for the case."
There will be no remuneration from the
cases other than "experience, three credits
and developing skills as an attorney." The
course will center on a general practice of
civil cases, including landlord/tenant,
consumer, welfare, probate and domestic
law. No personal injury or criminal cases
will be handled.
"I hope that every student will have at
least one opportunity for a trial, with a
judge and witnesses. The student will learn
how to file a case, make motions, and use
discovery methods," Mr. Anderson said.
"It's an opportunity to put all facets of the
academic experience together."
There are no prerequisites for the course
other than third-year status. Mr. Anderson
indicated, however, that the seminar on
"Law of the Poor" would be a good
introduction for students interested in the
course.
As the program is still in the stage of
initial growth, Mr. Anderson welcomes all
student suggestions.
Honor Society Formed
by Don Pearcy
Through the tireless efforts of Asst.
Dean Steven R. Smith and third-year law
student George Moss, an honorary
scholastic society has been established at
the Law School. Its official designation
shall be the "Brandeis Society" and its
members will be known as "Brandeis
Scholars."
According to Mr. Moss, he and Mr.
Smith had discussed the possibility of
establishing a chapter of the Order of the
Coif (national academic legal honor
society) at the Law School last spring. After
communicating with Coif officials it was
decided that application to the society
should be postponed temporarily due to the
strict standards for admission required by
the Coif.
Upon his arrival, Dean Harold G. Wren
"suggested that we attempt to set up a local
honor society at the Law School with the
objective of making an application to Coif
in three or four years," explained Mr.
Moss. This would be after completion of
the new wing to the Law School.
The next step was to select a
constitutional drafting committee. The
members chosen to the committee were
students Dan Fuller, Dean Hunt, Bill
Shouse and Mr. Moss with Asst. Dean
Smith acting as advisor. According to Mr.
Moss, several drafts were made before the
fmal constitution was ratified by the faculty
on Mar. 8, 1977.
Eligibility to membership will be
restricted to any student who has completed
at least 40 semester hours of law study in
non-pass/fail courses and who at the time
rank in the top five per cent of their class.
Also eligible will be students who have
completed at least 60 semester hours of
work in non-pass/fail courses and rank in
the upper 10 per cent of their class.
Determination of eligibility will be made
by the Dean's Office on Feb. I of each
academic year and those students eligil]le
will be notified immediately thereafter.
According to the new society's constitu­tion,
the Society will have the option of
electing one full-time faculty member per
year who "has exhibited qualities of
scholarship consistent with the objectives
of the Society."
In like manner, a member of the legal
profession may be initiated each year if he
"enjoys high distinction for scholarly
attainments."
Mr. Moss explained, "A vacuum existed
at the Law School before this year - we
had no way of recognizing and encouraging
legal scholarship. The new Brandeis Society
will hopefully fill that vacuum."
The society will not only honor the
students admitted, but will also encourage
legal scholarship, emphasized Mr. Moss.
He further stated, "Members on the
constitutional drafting committee hope that
the Society will supply needed tutorial
services and also assist the faculty in
operating the legal writing program."
Those students eligible for membership
are currently being notified by the Dean's
Office said Mr. Moss.
LouisYille Law Examiner, March 29, 1977
jefferson Law Graduate
Recalls 55- Year Practice
by Valerie SalYen
In 1913, a young man named Brent C.
Overstreet graduated from the Jefferson
School of Law (which merged with the U of
L School of Law in 1950). By the time the
"roaring twenties" arrived he had begun to
establish an enviable reputation as a
criminal lawyer. But, as he recalled in a
recent interview, getting started in the
practice of law in Louisville at that time
was not always easy, and building a career
could be slow going.
"The first few years I practiced law,
things were very rough," Mr. Overstreet
remembered. "I went many a day without
food and walked five miles each day to and
from the courthouse." Mr. Overstreet
began to specialize in criminal law, he
explained, "when the court appointed me
to represent indigent defendants."
From that start, Mr. Overstreet went on
to defend a number of alleged criminals
who were widely known and publicized in
the newspapers of the day, including AI
"Scarface" Capone, "Pretty Boy" Floyd,
"Baby Face" Nelson, and "Killer" Burke.
Mr. Overstreet defended 148 people for
murder, and won 102 times. ("Pardon my
braggadocio," he added, "but I had a
national reputation as a criminal lawyer.
They came from all over the U. S. to
employ me.")
He also represented clients who were not
so well known to the public, and theorized
that "the majority of all murder cases are
brought on by whiskey and women.'' Many
times, he explained, he would visit a· client
in jail who "was drunk, under the influence
of too much whiskey. Often when I arrived
at the jail I had to tell them why they were
there."
None of the people represented by Mr.
Overstreet in murder trials received the
death penalty, he pointed out. He had
"made up my mind that if [one of my
clients] ever got the death penalty, I
wouldn't take another case." One time,
Mr. Overstreet had a "narrow escape." A
man he was defending was sentenced to
death, but the verdict was later set aside
and the defendant was given a sentence of
life imprisonment instead.
"Although I fought hard to keep my
clients from the death penalty," Mr.
Overstreet said, ''with crime as rampant as
it is, I am in favor of the death penalty, but
against the form [of execution]." He said
that has witnessed the death of six
convicted felons by hanging, and five by
electrocution. He opposes both of these
methods, supporting instead a painless
method of execution where "the prisoner is
not aware of it."
Mr. Overstreet defended AI Capone, the
prol1ibition-era Chicago gang leader,
several times. Mr. Overstreet observed that
the government could never prove anything
against Capone except income tax evasion.
That conviction for tax evasion, he said,
"was very unjust. For although he
(Capone) made his money on vice, he spent
all his money on soup kitchens for the poor
in Chicago."
Inevitably, Mr. Overstreet was often
asked if he believed that clients such as
Capone were actually innocent of the
charges against them. "During my 55 years
of criminal law practice," he explained, "I
never asked a client if he was guilty or
innocent. I never cared. It was my duty to
defend them."
In criminal cases, Mr. Overstreet
suggested, "the lawyer is on trial as much
as his client. Whenever you are trying a
criminal case and some evidence comes out
that is very detrimental to your client, don't
pay any attention to it. Don't twist and
squirm, run your hand through your hair,
or talk to your client and ask him, 'did you
really say that?' " while the jury is present.
The best approach, Mr. Overstreet said, is
to remain calm and to ignore it.
In addition to his appearances in court as
a trial lawyer, Mr. Overstreet also served as
an interim judge from time to time after
1922. Although such is not the rule now, he
noted, at that time if a judge was not
available for trial, a lawyer would be
nominated to serve in his place. This
eliminated the necessity of granting a
continuance for a case and prolonging the
trial of a case.
It is important, Mr. Overstreet obserVed,
that a judge watch out for errors committed
during the course of a trial, since seemingly
minor aberrations could cast doubt upon a
trial court verdict. He noted, for example,
5
the rule that no one is allowed to enter the
jury room without the defendant being
present after the jury has retired to
deliberate. He recalled one case in which
the trial court judge had told the sheriff to
knock on the juryroom door and ask the
jurors which restaurant they want to eat at
that night. The case was later reversed on
appeal, since the defendant was not present
during that incident.
The trial of criminal cases today, Mr.
Overstreet said, is a different kind of event
from that of past years. "Years ago,
hundreds :- sometimes .thousands - of
people would be around the courthouse
door fighting to hear the trial," he said.
.But he believes that the lack of huge crowds
at most murder trials today "shows that the
public has a better frame of mind on
murder.''
He recalled that it was once a common
practice for newspapers to publish "extra"
editions covering the progress of a murder
trial, but this type of coverage is not
accorded such trials today.
Mr. Overstreet, who is 87 years old, is
retired now and lives at Kentucky Towers in
downtown Louisville. He remains in­terested
in the field of criminal law,
however, and is not reluctant to voice an
opinion on the reorganization of the
Kentucky judiciary which is now in
progress. "I am not in favor of this
procedure in any way whatsoever,'' he
remarked, in reference to the new judicial
set-up in which judges will be authorized to
try any type of case in each court. "In my
experience very few criminal court judges
have been able to try common-law or civil
cases, and very few civil judges have been
able to try criminal cases."
Tradition Rules English Legal System
Allison Wolfgarten is a visiting
professor from University of Leeds,
England (see related story in the
Examiner, Vol. two, Issue two, Oct.
5, 1976).
Being a Barrister herself, she was
asked by the Examiner to write a
brief synopsis of the English system
to enlighten us as to the legal training
of our English counterparts.
by Allison Wolfgarten
England and the United States
have much in common in their legal
background, substantively and pro­cedurally.
However, the lawyers who
run the systems undergo very
different educations, and, in
England, there are two professions
within the law, that of Barrister and
the solicitor. How does the English
lawyer become qualified?
Law, like medicine, is taught as an
undergraduate discipline in England,
and, in traditional schools, little or
no provision is made for the stUdy of
liberal arts, science or any other field
of knowledge.
At age 18 the student is thrown
into the exclusive study of Contracts,
Torts and other basic legal subjects.
The courses undertaken are of a
year's length, the grade usually being
entirely dependent on the three hour
examination taken each summer.
After three years, having taken some
12-15 courses, the student is
graduated LL.B.
However, the new graduate has a
long way to go before he can call
himself a professional lawyer. His
next step will be to decide what kind
of lawyer he wishes to be. In
England, trial work of all kinds in
courts of record is the reserve of the
Barrister. This small profession (the
bar of England and Wales had only
recently increased to · 4,000 for a
population of about 50 million)
handles the drafting of pleadings and
advises on complicated matters of
law of all types, from crime or
divorce to tax or shipping law, as well
as the making of oral arguments in
court. He has very little contact with
his client, frequently not meeting him
until the day of trial; the solicitor acts
as a "go-between" preparing state­ments
by the client and his witnesses
and assembling technical and medical
reports for the brief to the Barrister,
and deals with the client on a day to
day basis.
The Solicitor also handles all
matters not closely related to
litigation or prospective litigation,
and in particular, has a monopoly of
the lucrative practices of transfer of
real property and probate.
If the graduate lawyer feels that his
talents lie in the fields of research or
advocacy, he will want to become a
barrister. He joins· one of the four
ancient Inns of Court in London and
has to take another year of study of a
more practical type than he has been
accustomed to at University, at the
Inns of Court School of Law.
Concurrent with his attendance at
lectures and seminars, the prospec­tive
Barrister has to "eat dinners."
This tradition predates any kind of
formal legal education; .the student
dines with fellow students and senior
members of the Bar of his Inn and is
supposed to absorb, by some sort of
osmosis, the traditions of good
fellowship and integrity that charac­terize
the English Bar.
Hundreds of years ago, listening to
lawyers discuss their cases over
dinner and discussing legal points
with his peers, along with attendance
at court as a spectator, was the only
way in which a young man could gain
legal knowledge. Nowadays the
conversation is more likely to be
sustained criticism of the food and
wines provided by the Inn.
On eating 36 dinners over 12
"dining terms," a process which can
be accelerated from the usual three to
one year, and on successfully passing
the Bar examinations, the student
robed and bewigged for the first
time, is "called to the Bar." By
shaking the hand of the Treasurer
and signing his name in a log, he
enters the brotherhood of the Bar; no
diploma or certificate is awarded, as
the English set no store by the
possession of pieces of paper
decorating an office wall.
There is one more step to take
before the Barrister can practice as
such, and, again, it is one that dates
back centuries; he attaches himself to
a senior member of the Bar for a year
as an unpaid assistant; indeed,
som.etimes he pays for the privilege
of working for nothing. After six
months he may take his own cases,
under the eye of his "master," and
finally, five years after starting his
undergraduate studies, he is deemed
fit to practice.
The graduate who prefers to
become a solicitor, that is to work in
the office or meet clients - the
family lawyer - will go to one of
three or four professional Colleges of
Law in England to take a rigorous set
of examinations over a six month
course; few succeed in the required
six or seven courses at first attempt.
He must pass the examinations
within three years of beginning his
professional studies, and spend two
years of this time working under a
· "Principal," a senior solicitor.
Herein lies a significant reason for
choice of a career as a solicitor; the
young lawyer will be paid for his
work as a solicitor, and has the
chance of buying himself into a
profit-making partnership.
The barrister is always self­employed
and may have to wait for
five years before he starts to make a
profit - that is, an income - for
himself. Although some are highly
paid, averaged out over the years the
average Barrister could perhaps earn
as much in government or commerce
or industry; a large part of his reward
lies in his independence and the lack
of routine in a job which brings him
different work in a different place
almost every day.
6 . .. .. ... . . • . . . .
· · · · · · • · · · · J,oitisvilre·Law Examiner, March 29, 1977
Dean 's Dicta
Dean Harold G. Wren
The most important single respon­sibility
of any law school dean is the
building of a strong faculty. We are
proud of our faculty, as we believe
that they are, without exception,
outstanding classroom teachers.
This is the sine qua non for every
law faculty. In addition, our faculty
is highly productive in research and
wntmg. Since there is insufficient
space here to catalog our faculty's
publications, suffice it to say that the
listing in the Dean's Annual Report
to the President will testify to their
productivity.
In addition to teaching and
research and writing, members of the
faculty devote a substantial portion
of their time to service to the Law
School administration, the Univer­sity's
central administration, and to
the general public.
The criteria of classroom perform­ance,
scholarship, and service are the
major considerations for all promo­tions,
awarding of tenure, and merit
increases of salary. While the Law
School has a reasonably flexible
policy with respect to the timing of
promotions and tenure, one starting
out at the "entry level" (i.e., as an
Assistant Professor of Law), might
expect to be at this level for about
three years, at which time he would
be promoted to Associate Professor
of Law. He might then remain at this
rank for three years, at which time he
would normally be promoted to the
rank of Professor of Law and
awarded tenure.
Since our Law School has a
balanced faculty, from the stand­point
of age and experience, the
faculty recruitment committee re­solved
this year to look primarily for
candidates at the entry level. We shall
fill two additional permanent posi­tions
in 1977-78, and a number of
other appointments as visiting
professors.
In recruiting faculty, the faculty
recruitment committee seeks to find
those persons best able to communi­cate
ideas and stimulate thought.
More often than not, though not
necessarily, there is a high correlation
between an individual's law school
performance and these qualities. The
fact that a candidate has a good law
school record and is highly articulate
are factors that the comittee deems
particularly important in its recruit­ing
efforts. The committee also feels
that to the extent that a candidate has
done additional academic work
beyond the J.D. degree, he or she has
demonstrated a high degree of
motivation to pursue an academic
career.
By the same token, the Law
School's personnel committee, when
considering a candidate for promo­tion
or tenure, may feel that it would
be desirable for him or her to take
additional academic work at another
institution. It is not uncommon .for
our school, like most other law
schools, to have a number of its
faculty on leave each year, with each
law teacher seeking his own
intellectual stimulation and academic
achievement.
While a graduate degree in law is
not essential for one to be a good law
teacher, experience shows that
graduate programs are of great value
in broadening the individual's
intellectual capacity. Our law
school's personnel committee has
often encouraged younger members
of the faculty to pursue an advanced
degree in law for this reason.
In the years that lie ahead, we shall
continue to recruit the best possible
talent for the law faculty. To be
effective in this effort, it is essential
that our law faculty salaries be
competitive with other law schools in
the nation, as well as in our region.
Hence, the improvement of faculty
salaries is the number one priority
item in our budgeting for the years
that lie immediately ahead.
Legal Study Abroad: A Summer Alternative
by Lee Calarie
Start packing your bags. It's not too late
to spend an exciting summer abroad
studying law and traveling.
Detailed information on two dozen
summer law programs abroad is listed in
the Feb. 1977 issue of the American Bar
Association's Law Student Division's
(ABA/LSD), monthly magazine, the
Student Lawyer. These programs spon­sored
by American colleges and universities
are held in a variety of countries, including:
Austria, Brazil, England, France, Ghana,
Greece, Israel, Italy, Japan and Mexico.
The Student Lawyer includes information
on locations, dates, courses, tuition,
deadlines and addresses of where to write
for information.
Unfortunately, about one-half of the
programs have deadlines on or before April
I. However, it's not too early to begin
planning for next summer.
Dean Harold G. Wren, in a recent
interview, said that the Law School was
"thinking" about establishing a summer
program at the University of Leeds in
England. Although no formal planning has
taken place, Dean Wren indicated that
University of Leeds officials were very
receptive to the proposal. He hopes the
program can be planned over this summer
and fall, with the program beginning in the
summer of 1978.
Must reading for anyone considering
attending a summer law program abroad is
an article written by Frank Grasso entitled,
"A once a year chance! Europe on $100 a
day! Don't panic. Summer law programs
abroad are cheaper than you think," in the
February 1977 issue of the Student Lawyer.
Mr. Grasso's article tells what to expect
from summer law programs abroad, the
value that these programs have and some
good information about foreign travel.
All the courses are taught in English. The
course selection is not limited to foreign or
international law. Many programs contain
the same courses taught in American law
schools.
Most programs openly admit that they
are designed around a study/travel format.
Weekends are usually free for travel, and
many courses have preplartned weekend
tours. One program js offered on a cruise
ship which travels throughout the
Mediterranean for five weeks.
Transfer of credits from these courses
needs prior approval of the Dean's Office.
According to Assoc. Dean Nomie L. Lay,
credit will be given for any courses which
are in "areas of study comparable to those
given at the Law School." The Law
School's policy is that any transferred
hours will be given pass/fail credit.
Cost is a major concern for the student
interested in pamcipating in a summer law
program abroad. Tuition varies a great deal
between the courses. The average cost of
tuition and room and board for a six to
eight credit program is around $800. Mr.
GraSso's article pointed out that Veteran's
Administration aid is available and that
Federally Insured Loan Lenders often will
lend money for foreign summer law
programs.
These programs offer a good alternative
to going to summer school in the United
States. Not only does the student receive
academic credit for the courses taken, but
he also gets to meet new people, travel and
experience new cultures. One must
remember that for the first several years of
law practice, he will probably not have the
time or money to take two or three months
off and travel abroad.
Two U of L students, Andrew and Rose
Thomas, spent the past summer in England
in the College of William and Mary's
Marshall-Wythe School of Law's program
held at the University of Exeter. The
University is located in the city of Exeter
and County of Devon in southwestern
England. The summer was more like a visit
to home for Mr. Thomas since he is a native
of England. Both the Thomas's agreed that
the program was very well conducted.
The Thomas's said that the program
lasted six weeks during July and the first
part of August, and was attended by 110
American law students representing 50 law
schools.
There were two types of courses offered
at the program. First there were American
courses taught by American law professors.
Secondly, there were English law courses
taught by English law professors. The
Thomas's took three of the English
courses: European Economic Community
Law; International Business Transactions
and International Law. These courses were
taught in the typical English manner, that
of the lecture.
The Thomas's explained that the classes
were small with between 20 and 30 people.
Classes lasted half the day and met five
days a week. Assignments were never given.
The students were expected to keep up with
the work covered in the lectures. Professors
were readily available because they lived in
the dorms with the students. The exams
were the same as at U of L.
Since English schools don't have summer
classes, the Thomas's said they didn't have
much contact with English students.
They thought the program was very
"well organized" and that the organizers
had "thought of everything." The program
provided information on side trips,
bookstores, theatres, pubs, etc. There were
special lectures by members of the English
Bar. The program also included a weekend
in London with visits to the "Inns of
Court" and "Old Bailey."
according to the Thomas's. They purchased
a car while in England so they weren't
bound by the limits and schedules of public
transportation. Mr. Thomas noted that you
can't rent a car in England unless you have
an English drivers license. They also
indicated that transportation is not a
problem when the programs are conducted
in metropolitan areas. They added that you
wouldn't want to be stuck at a university
too far removed from a city.
It was agreed that England is ideal for a
summer law program because the country is
small enough so that the student can see a
great deal of it during his stay over the
summer. They also recommended that time
be spent traveling before and after the
program is conducted.
Rose and Andrew Thomas
According to the Thomas's, the program
was set up so that participants could get the
maximum benefit of travel. They said that
there wasn't a weekend when groups of
students didn't travel throughout England
or to the continent. Exeter is located in the
heart of England's sourthern coast vacation
country, so there was much to do in the
local area.
Transportation can pose some problems
The Thomas's thought the program they
attended was a "good deal." They
estimated that the airfare, tuition, room
and board cost about $1,000. They added
that now that advanced booking charters
were available (ABC's), that airfare will be
less of a problem.
Both said that the program was
"worthwhile" and that it w~ "a good way
to have a good time."
Louisville Law Examiner, March 29. 1977
7
Nuclear Power Series
A Consumer's View
(Continued from page 2)
Proponents of nuclear power say this is unlikely, yet the unthinkable almost
happened at the Brown's Ferry, Alabama plant. An accidental fire knocked out
most of the safety systems, and Robert Pollard maintains it was only the skill of
the engineers at the plant, and sheer luck that prevented a melt-down. Obviously,
not all plants will have engineers with superb skills.
McKinley Olsen, in his book "Unacceptable Risk," says that mishaps occurred
at the rate of four a day in 1975. Safety violations were noted in one of every
three nuclear plants inspected.
The basic safety system in nuclear plants designed to prevent accidents -
known as the Energy Core Cooling System (ECCS) - has never been tested
under real conditions. When it was tested on small-scale laboratory models, this
system consistently failed to function properly. This information comes from the
Union of Concerned Scientists, a group of 1,300 scientists who organized to alert
the country to the dangers of nuclear power.
Plant safety becomes an almost minor issue measured against the enormous
problems of transportation and disposal of spent fuel.
No safe way has yet been found to dispose of the millions of gallons of lethal
nuclear waste. These radioactive wastes, created when spent fuel is removed from
reactors, are among the most dangerous cancer-causing substances known to
man. Radioactive wastes remain harmful for 250,000 years!
Spent fuel is accumulating in water-filled concrete tanks lines with stainless ·
steel in all of the 55 plants now in operation. These are temporary storage areas
that in themselves are creating problems. In Miami at the Turkey-Run plant, the
steel liners are leaking. Some plants have run out of the temporary storage area
and will have to close down, unless NRC grants permission to prepare additional
space.
No one knows how to safely store this material which, by the year 2000, will
. accumulate 330,000 cubic feet of solidified waste from power plants and 11
million cubic feet produced by the military establishment.
Just 10 years ago, scientists believed that buried radioactive waste "would not
migrate for hundreds of years." This was the theory when the disposal plant at
Maxey Flats, Ky. wa opened. Only "low-level" waste was buried there- not the
highly to ic wa te reated by reactors. Yet, barely 10 years later, the stuff has
Book Review
Getting Started
I
How to Start and Build a Law Practice
by Jay Foonberg
by Lee Calarie
A concern of every law student is fmding
employment in an overcrowded job
market. Many law students believe the only
way to fmd job security is to work for an
established law firm.
What can the recent graduate do if he
can't fmd a job, or if he doesn't want to
tied to the rigor and routine of working for
someone else? The answer is to start his
own law practice according to Jay
Foonberg's book, How to Start and Build a
Law Practice.
Ignoring the advice of a friend that,
"You're doing it the hard way," Mr.
Foonberg opened an office shortly after he
was admitted to the California bar in 1964.
Today he is the president, Chairman of the
Board and principal shareholder of a law
corporation employing over 50 people with
offices in Los Angeles and San Francisco.
He notes that, "Whether you make it or
not you'll never regret having tried." And
Mr. Foonberg strongly suggests that if you
follow the advice given by the "nuts-and­bolts"
approach of his book that you will
make it on your own.
The book leaves few stones untumed in
outlining the procedures for starting and
building a law practice. Everything is
covered from where to place your pencil on
your desk, to touchy issues of professional
responsibility.
Law schools rarely teach students how to
start a law practice. But ·getting off on the
right foot can mean the difference between
success and failure. Mr. Foonberg says, "If
you can keep your doors open for a year,
you'll probably make it ... "
The location of your office is an
important consideration. Mr. Foonberg
tells of an attorney who found it
advantageous to open his office across the
street from a busy bus depot.
Joint ventures by new attorneys can lead
to disaster. Mr. Foonberg says, " ... two
new. lawyers getting together will accom­plish
very little except proving that two can
starve as fast as one."
Obtaining new clients is a concern of new
attorneys. Mr. Foonberg says that, " ...
friends and relatives will be the beginning
of your legal practice." He tells how to use
the "family discount" to avoid problems
with fees of family and friends.
Once the office door is open, a law
practice doesn't grow automatically. Mr.
Foonberg explains how to fmd clients and
cases and how to say "no" to clients and
cases.
Fees are something new attorneys know
little of. Learning how to tell a person who
earns $35 a day that his legal fees will be
$60 an hour is outlined by Mr. Foonberg.
He explains the importance of getting
advice on paper. Mr. Foonberg notes,
"The client can understand paying for
paperwork. He often can't understand
paying for 'advice'."
Office management can mean, "the
difference between earning 'a living' and
earning 'a good living'," according to Mr.
Foonberg.
The book outlines how to organize your
desk in order to make more money. Mr.
Foonberg says that a picture of your
growing child in front of you will remind
you of the increasing cost of food. A clock
"reminds you that time is a 'wasting
asset'."
Even such seemingly minor things as the
quality of stationary is discussed. Accord­ing
to Mr. Foonberg, "Legal services, like
jewelry, are a relatively expensive commod­ity
to the consumer and, . . . , should be
well packaged when sent out."
Mr. Foonberg says that professional
ethics and responsibility can't be empha­sized
too much to the young attorney
starting his o\vn practice. He says that the
migrated several feet. It is getting into streams and possibly contaminating water
supplies of the many dairy farms nearby. No OQ.e knows why it is migrating.
It is disturbing then, when the same scientists say "Trust us, we'll find a
solution to the disposal problems. We'll bury it in salt mines in the middle of the
desert. Or, we'll bury it in the ocean - or, e~en, heaven help, shoot it into
space!" !
How will this deadly fuel be transported? PSI plans to ship it down the Ohio
River (to where?) by barge from the Clark Maritime Post, which has not yet
received construction permits. ,
How will it be protected from sabotage, terrorists, and acCidents while it is
being transported? We will become a society that looks to armed guards
everywhere just to safeguard us from these disasters.
Who will really benefit by this Faustian bargain? Nuclear proponents advocate
nuclear power/as "cheap power"- safe and unlimited. Have they included the
cost of all this needed protection in their calculations? I doubt it. Have health
costs and sOcial costs been calculated? · ·
Excluding these incalculable costs, many of the assumptions that nuclear
pow..er is cheap have been challenged on the basis of mere construction and
operation. A study at MIT shows that the capital costs of large light water
reactors are climbing at alarming rates and states that "Nuclear construction
costs have far outdistanced both fossil plant and oil refinery costs." Southern
California Edison has two units under construction south of San Clemente. The
cost is estimated to be $905 per kilowatt (KW). Other plants are projecting $1,025
per KW.
The cost of uranium which was $5 a pound five years ago is now $40 per pound
and probably will be $100 per pound or more in another few years.
Nuclear power is neither safe nor cheap.
Yet, we do need energy. Worldwatch Institute, founded through the Federal
Energy Administration, researched a conservation study. The conclusions drawn
are worth noting: "The amount of energy wasted in the United States every year
is staggering. Half the energy the nation uses - more fuel than consumed by
two-thirds of the world's population - could be saved through conservation.
Not only is conservation the cheapest source of energy, it also lessens the
environmental threats posed by new energy technologies. The study goes on to
say, "Energy consumption levels have pushed, pulled, shoved, and kicked
upward by every trick and tactic known to the contemporary science of mass
marketing. To encourage growth, fuel prices have been kept artificially low and
utility rate structures have rewarded waste. Environmental costs and health costs
have been ignored."
Those in the nuclear industry denigrate energy conservation and continue to set
forth pdiicies for the country that are leading us down a disasterous path.
Trashy doorway, see editorial, page 2.
new attorney must ". . . understand the
interrelation of ethics and licensing."
The author explains why an attorney can
solicit work from another attorney and not
from the public. He notes that the improper
handling of a client's funds is one of the
easiest ways to get disbarred. And he adds
that there are an increasing number of
disciplinary actions against attorneys for
not keeping up communications with
clients.
A principle which Mr. Foonberg applied
to the very first case he handled (and every
case since then) is that if you're going to do
something, then do it right. He suggests
that every new attorney build his practice
around this advice.
Although the book is geared toward the
new attorney establishing his own practice,
the book has information valuable to every
attorney.
One of the book's drawbacks is the lack
of specific information for setting up a
practice in a rural area. Mr. Foonberg
began his practice in an urban area.
Most rural areas aren't as overcrowded
by attorneys as are urban areas. And many
attorneys who practice in rural areas are
sole practitioners. Several chapters devoted
to starting a law pr:~ctice ~ a rural area
would be a valuable asset to the book.
The book also leaves th~1 ead~r with the
feeling that if the su estions aren't
followed to the letter that e new attorney
is doomed to failure. Although many of the
suggestions may be tried and proven, the
reader should keep in mind that some of the
suggestions need to be changed or modified
to meet the needs of particular circum­stances.
The book can be read in a few hours, but
it is a valuable reference that can be used
for years. Many of the suggestions will take
years to master and become part of the
routine of a law practice.
One of the most valuable assets of /low
to Start and Build a Law Practice is the
confidence it instills in a young attorney
unsure of his future. In an Horatio Alger
kind of way the reader is left with the
feeling that he can start and build a
successful law practice on his own.
A paperbound edition of the book can be
obtained from the American Bar Associa­tion,
Order Billing Dept., 1155 E. 60th St.,
Chicago, Ill. 60637 for $10.00, including
· shipping. Members of the Law Student
Division can obtain the book at a reduced
price of $5.00, including shipping.
8 Louisville Law Examiner, March 29, 1977
Juvenile
Court
Controversy
(Continued from page I)
The Commonwealth Attorney's office in
its search for more space, has proposed a
switch exchanging the smaller offices of the
Commonwealth Attorney for the larger
ones of the Juvenile Division. That plan
would negate the advantage of the move for
the Assessment Workers because they
would not have the space necessary to
conduct the family conferences. That
proposal was refused by Joe Tolan,
supervisor for the assessment personnel.
In addition to the larger office space
there will be additional private offices for
visiting workers and five conference rooms
as opposed to the four somewhat "public"
ones available for use now.
Not all of the Juvenile Court staff will be
moving, and the increased conference and
office space will be necessary to
accommodate those people · from the
Probation, Protective Services and Intake
Divisions, and the Department of Human
Resources (DHR).
This will be the second move for the staff
since the fall of 1975 when the Court
crossed Jefferson Street from offices which
have since been demolished. Among those
moving to the new Hall of Justice facilities
will be Judge Fitzgerald, the four Trial
Commissioners, 15 Clerks, approximately
28 MSSD Assessment Workers and a Court
Administrator.
The Court Clerk, Records, and Cashier
services, which have experienced acute
growing pains on Fifth Street, will also be
making the move just in time to expand.
The area designated for the Juvenile
Court in the new Hall of Justice has unique
specifications in the wiring, furnishing and
arrangement. There are three courtrooms
which are smaller than the normal
courtroom due to the confidentiality of the
hearing, and, markedly different, have no
formal bench.
Along with the desirable physical
improvements experienced by the move, the
entire procedure should provide a new aura
of reverence and respect not found in the
crowded "circus-like" atmosphere of the
old building. As Mrs. Bond said, "All of
the courts are here (in the Hall of Justice)
and there is a more orderly courtroom
Hall of Justice
atmosphere that leaves the child in awe.
Before, they were not going to the
courthouse, but just to the Juvenile
Court."
would 'bring the juveniles in through a
sub-basement, thus bypassing the booking
area.
The present facility has no such security
provisions, and the children are unloaded
from a van on the public street and ushered
in within the view of the courtroom crowd.
Two private detectives will increase the
security measures and a request has been
made for additional sheriffs.
The court's second reason for anxiously
anticipating the move involves an increased
area of private offices used by the
Metropolitan Social Services Department
(MSSD) assessment personnel. This is also
the area in dispute with the Commonwealth
Attorney's office.
At the present facilities in the old First
National Bank building the workers have
only cubular dividers providing no privacy
or space. This conflicts with the Assessment
Worker's job of counseling the children
and their families because they can neither
see the entire . group nor ensure them
privacy or confidentiality.
CALENDAR OF EVENTS
March 31,
April I:
April I:
April3:
April IS, 16
Aprill9:
April 20-22:
Evelyn Crady Adams Lecture Series, Jerrold Israel, distinguished author
and professor, University of Michigan School of Law, "Access to Federal
Courts," Allen Courtroom, Belknap Campus, 8:30p.m.
Student Bar Association Smoker, Red Barn, Belknap Campus, 4-7 p.m.
Student Bar Association Picnic.
Consumer Credit and Protection, Middleton Auditorium, Strickler Hall,
Belknap Campus.
Last Day of Classes.
Reading Days.
April22-23: Eminent Domain, University of Kentucky College of Law, Continuing
Legal Education Program.
April 23-May 6: Exams.
April29, 30:
May8:
May 11-13:
May IS:
May20,21:
May 20,21:
June3, 4:
Appellate Court Practice, Murray State University.
Ball-on-the-Belle, 8 p.m.
Kentucky Bar Association Annual Convention, Executive Inn East and
West, Louisville, Ky.
Commencement.
Public Employee Labor Relations, University of Kentucky College of Law.
Appellate Court Practice, Downing Center, Western Kentucky State Uni­versity,
Bowling Green, Ky.
Unifonn · Commercial Code, Middleton Auditorium, Strickler Hall,
Belknap Campus.
/
Moot Court
National Team Results
by Ed Mann
The Law School's expanded participa­tion
in the various Moot Court competi­tions
met with limited success this year, but
the effort has apparently stimulated keen
interest to see that next year the Law School
does even better.
John Miller, who along with Angela
Koshewa, participated in the Jessup
International Competition, stated, "I am
eager to try again next year. With the
experience we have now, and a little more
hustle, I have great hopes of winning the
region." Mr. Miller and Ms. Koshewa were
victorious over the University of Kentucky
and Indiana University, but lost to the
University of Georgia and Wayne State
University, who place third and first in the
competition respectively.
Joe Neary, a member of the Client
Counseling Competition team which
traveled to Chicago, said, "I found the
PAD Program
whole set up professionally done. We were
judged fairly, and the whole experience was
very pleasant." U of L lost in the first
round to Wayne State who won the
regional competition.
Mr. Neary stressed the value of what
could be learned in the competition because
training in client counseling isn't readily
learned in class. He praised Prof. Lloyd
Anderson's advisory efforts as a "super
job."
Bonnie Brown, a member of the
Appellate Advocacy Competition team
stressed how worthwhile the competition is
to students considering participation next
year. Team member Dennis Conniff
suggested that now the team would be
better prepared since they would have a
better idea of what to expect. This year's
experience will be invaluable next year,
according to Mr. Conniff.
Students Sit on the Bench
Spearheaded by Chief Jefferson Circuit
Court Judge Michael McDonald, and
participated in by nine other Jefferson
Circuit Judges, the Phi Alpha Delta Law
Fraternity's (PAD) "Spend-a-Day-with-a­Judge"
program has allowed more than 50
Law School students to sit on the bench
with the judges during trials and motion
days.
Judge Marlin Volz has served as the
unofficial faculty advisor for the program.
The program presents law students with
an in depth look at the judicial process
from a unique . vantage point, with the
added luxury of being able to listen in on
those "hushed side-bar conferences."
Conferences in the judges' chambers are
attended by the student as well. This part of
the program provides the opportunity for
the student to ask follow up questions
about points not understood completely
while in court.
The lawyers practicing before the courts
have been helpful also, both in allowing the
students to hear sometimes privileged or
confidential information and by graciously
answering student inquiries. The students
are of course held to the same standard of
confidence as the judge and attorney.
The judge visit program is the flrst of its
kind in this area, and with the positive
reactions from the professors at the Law
School and the downtown legal com­munity,
it should become a regular ongoing
event.
The program is open to all second and
third year law students who are not on
probation and will continue through Apr.
15. Interested students should leave their
names and phone numbers on the list
posted on the PAD bulletin board in the
Law School basement.
Newcomers
Phi Alpha Delta Law Fraternity
International (PAD) held its spring
initiation Feb. 26, 1977 in the old
courtroom of Judge George B. Ryan in the
Jefferson County Courthouse.
PAD Justice Reid James officiated at the
ceremony in which 12 new members were
initiated. Judge Marlin Volz delivered the
welcome address to the new members from
the PAD Alumni.
The initiates include: R. Keith Bond,
Richard F. Casey, Vince Eiden, Randy
Gibson, Joseph Kirwan, James Lee Knight,
Dana R. Kolter, Joanne S. Linn, Frank C.
Medaris, Norman Roelke, Elizabeth
Shipley and W. Clifton Travis.
A party was held afterwards at the
Mallgate Apartments which was attended
by some 60 or so members and guests.
11Jnni!iuillt
&w &mtintr
Louisville Law Examiner
School of Law
University of Louisville
Loui~e,Kentucky 40208