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.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
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Title | Louisville Law Examiner 2.8, March 29, 1977 |
Alternative Title | Law Student Publications |
Contributors | University of Louisville. School of Law |
Description | The Louisville Law Examiner (1975-1991) was the second of three official University of Louisville School of Law student publications. |
Searchable Text | .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 |
Subject |
University of Louisville. School of law University of Louisville--Students University of Louisville--Alumni and alumnae University of Louisville--Faculty University of Louisville--Employees Law students Law & legal affairs Law and legislation--Kentucky Law and legislation--United States Law libraries Legal education Libraries |
Location Depicted |
Louisville (Ky.) Jefferson County (Ky.) |
Date Original | 1977-03-29 |
Object Type | Newspapers |
Source | Various-sized print newspapers published by students of the University of Louisville School of Law. The print edition may be found in the University of Louisville Law Library or the University of Louisville Archives and Records Center. |
Collection | Law Library Collection |
Collection Website | http://digital.library.louisville.edu/cdm/landingpage/collection/law |
Digital Publisher | Law Library of the Louis D. Brandeis School of Law, University of Louisville |
Format | application/pdf |
Ordering Information | The publications digitized in this collection are the property of the University of Louisville School of Law and are not to be republished for commercial profit. To inquire about reproductions, permissions, or for additional information, email lawlibrary@louisville.edu. |
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