Louisville Law Examiner
Serving the University of Louisville School of Law Community
Volume 4 Number 1 Louisville, Kentucky, September 12, 1978 Circulation 3700
 Not everyone in attendance at last month's orientation program for incoming first-year students at the
 School of Law was enthralled by the steady stream of student speakers during one part of the program. 
See story on first-year student orientation on page 4.
 ABA to Re-inspect in October
 Two U of L Students Hold
National Student Offices
by Susan Turner Barnett
Two University of Louisville students
hold offices in two national associations
representing law students as a result of ac­tion
taken at the annual convention of
the Law Student Division (LSD) of the
American Bar Association, (ABA) held in
New York Citv on Aug. 4-8.
Mark Little, a second-year day sruaent,
was appointed lieutenant governor for the
sixth circuit of LSD. Stephen Carson, also
a second-year day student, was elected
sixth circuit coordinator of the National
Association of Student Bar Associations.
In elections held last spring at the law
school, Mr. Little was elected LSD
representative and Mr. Carson was elected
day vice-president of the Student Bar
Association.
Other officers elected to positions in the
LSD include: Bureon Ledbetter of
Cumberland School of Law, president; N.
Kay Bridger-Riley of University of Tulsa
College of Law, vice-president; Charles
Guerin of Bates College ot Law, secretary­treasurer;
Sharon D. Meyers of Vermont
Law School and Sunny M. Wise of Loyola
University School of Law, division
delegates to the ABA; Diane Smith of
Thomas M. Cooley Law School, National
Women's Caucus coordinator; and Pamela
Lambert of Ohio Northern University, Pet­tit
College of Law, sixth circuit governor.
At the convention, the division offered
programs covering a wide variety of topics
including lawyer advertising, public in­terest
law, affirmative action, admission to
the bar and entertainment law. Ralph
Nader, consumer advocate, the Honorable
Maynard Jackson. mavor of Atlanta, and
Jay G. Foonberg, author of How to Start
and Build a Law Practice, were featured
speakers. The division also sponsored a job
fair and a seminar for law school
newspaper editors.
The aspect of the convention which at­tracted
the most attention was a resolution
introduced in the LSD assembly supporting
censure of the outgoing LSD president,
Michael R. Holli ~ of UniversitY of Virgima
School of Law, for alleged unethical ac­tivities
while in office. The eighth circuit in­itiated
the resolution, which included six
charges and was supported by an 80-page
report.
After deciding either that censure was
too strong a measure or that it was a
measure which an ABA division could not
accomplish without a hearing to ensure due
process requirements, the assembly voted
to reprimand Mr. Hollis. The charges were
expunged from the record.
To the surprise of many, the law students
voted to refuse to allow counsel for Mr.
Hollis to speak in his behalf at the
assembly.
The division passed resolutions sup­porting
generous government funding for
legal services programs for the poor, con­demning
restraint of the law school press
(in recognition of the First Amendment),
changing the requirements for division fun­ding
of law school programs and sup­porting
a requirement that law school
curricula reflect the ethical dilemmas of to­day's
lawyers.
Also attending the convention from the
University of Louisville were Valerie
Salven and Susan Barnett, co-editors of the
Louisville Law Examiner.
Questions Remain Concerning Accreditation
Commentary
This article contains the opinions and
conclusions of the author.
by Ken Golliher
Almost three years ago U of L's School
of Law was the subject of a routine inspec­tion
by an American Bar Association
(ABA) accreditation team. The evaluation
that the observers submitted to the Ac­creditation
Committee of the ABA's Sec­tion
of Legal Education and Admissions to
the Bar was far less than favorable.
Citing the law school for nine major
violations of the ABA's standards for ap­proved
law schools, the report itself
became an issue. Student leaders clamored
for its release. Dean Wren asked the ABA
for permission to release the report to the
students, but the Association refused for
policy reasons.
Now, the fact that the ABA has not of­ficially
reported that U of L has corrected
the deficiencies is having as deleterious an
effect on legal education at U of L as any
of the faults which the original report cited.
At least one administrator feels that the
law school's recruitment efforts have been
impeded by the recurring and sometimes
incomplete news coverage attending the
report. Students currently enrolled in the
school are concerned that tl}e value of their
Juris Doctorate from U of L may be mini­mized
by potential employers due to con­cern
over the actual quality of the law school.
Procedurally, the ABA does not remove
a law school's citation for violation of
ABA standards until the schnol has been
re-inspected. School of Law Dean Harold
G. Wren has repeatedly said that of the
nine violations cited by the inspection team
only one, the lack of adequate physical
facilities, has yet to be corrected. However,
as far as the accrediting body is concerned
the violations cited in the last report still
represent conditions in the law school.
They will be removed only if a subsequent
inspection shows that they no longer exist.
Although under normal conditions an
ABA approved law school is only inspected
once every seven years, U of L will have a
special inspection in October. The interim
between the January 1976 inspection and
the impending re-inspection has seen some
success in correcting the deficiencies, but
law school administrators are still work­ing
on some of the named shortcomings.
According to a synopsis of the 1976
report prepared by James P. White, the
ABA's professional consultant on legal
education, the law school was guilty of:
(1) violation of Standards 201, 209, 402
and 403, in that the School of Law,
with a full-time faculty of 20, for 701
students, did not provided teaching
services adequate for its program and,
in particular, provides inadeouate
faculty services for its part-time
students;
(2) violation of Standard 403 , in that
teaching services and computation of
course credit were not provided equal­ly
to part-time students:
(3) violation of Standard 605, in that a pro­fessional
library staff of two persons,
with one non-professional, full-time
assistant, was not sufficient for the
provision of minimal library services;
(4) violation of Standards 604 and 605, in
that persons not enrolled in the School
of Law were allowed, in significant
numbers, to compete with law
students for library space;
(5) violation of Standards 304 and 405, in
that the scheduling of classes sup­ported
and encouraged inadequate at­tention
to the full-time study and
teaching of law;
(6) violation of Standard 402, in that the
School of Law was hampered by the
lack of a dean;
(7) violations of Standards 201 and 209,
in that physical facilities at the School
of Law were not sufficient for a pro­gram
of legal education;
(8) violation of Standard 404, in that
teaching loads were riot equivalently
distributed among members of the law
faculty; and
(9) violations of Standards 209 and 211,
in that the School of Law lacked ade­quate
resources for law student finan­cial
aid.
(A copy of the synopsis and U of L's of­ficial
response to the report is on reserve
behind the desk in the law school library.)
The standards which the law school is
said to have violated consist basically of
amorphous statements which are im­plemented
by specific regulations and
glossed by rulings, all of which are provid­ed
by the ABA.
Since the complete report was never fully
publicized, it's nearly impossible for
anyone who is not privy to its specifics to
evaluate the School of Law's efforts at
compliance in subjective areas such as ade­quacy
of facilities, but some information is
available:
-When the report was made it noted the
unacceptability of the then current student­faculty
ratio of 35-1. According to the
same method of calculation used by the in­spection
team, the current student-faculty
ratio is now about 24-1.
-The law school never accepted the
ABA's criticism of equal course work. The
official response assumes that the inspec­tion
committee was confused by the ABA's
second requirement for graduation, the ac­cumulation
of residency points. (It's
understandable that the committee was
confused, few of U of L's law students,
those bound by the residency point system,
understand the method wh i~h U of L uses
{C..:ontinued on pap. I)
_. ....... . .. ..... . ..................... ......... .. ........... AIL• . . .. o • •&
2 Louisville Law Examiner, September 12, 1?78
Louisville Law Examiner
EDITORIAL BOARD
Valerie L.Salven, Co-Editor-in-Chief
usan Turner Barnett, Co-Editor-in-Chief
Phillip R. Warf, Associate Editor
Ginny Hamm, Business Manager
STAFF
Mark Little, New Editor
Greg Y opp, City Editor
Bruce Dudley, Brandei Brief Editor
Jerome A. Mirabito, Executive Editor
Pat Chism, Photographer
Jerry Adair
Judge MARLIN M. VOLZ, Advisor
Shaun Esposito
Kenneth W. Golliher
Schuyler 011
Elizabeth Ward
Sherry Willman
Professor ALBERT T. QUICK, Consultant
The Louisville Law Examiner is published nine times during the academic year in the interest
of the niversity of Louisville chool of Law community. Unsigned editorial opinions are those
representing a majority vote of the editorial board and do not necessarily expres the views of
the chool of Law or the niversity of Louisville.
Articles are invited from faculty members, students, and members of the bar who wish to do
freelance work, but any proposed article must be cleared in advance with the editor as to topic
and length. This i to avoid duplication of coverage and insure that the article will not be
beyond workable length for a newspaper format.
Addres all communications to the Louisville Law Examiner, School of Law, University of
Louisville, Louisville, Kentucky 40208. Phone 502-588-6399.
Editorial
We All Need to
Accreditation, or the law school's im­pending
loss of it, has again become the
topic of news stories and hallway conversa­tions.
And, to put it mildly, the students
are ill-informed and confused.
s one story goe , the lav. chool i
precariously baJanced on the ac reditauon
precipice and will at any moment faJl - the
wrong way. Another story has it that
everything is peachy-keen, that all the prob­lems
have been corrected, and that the a -
creditation team, the villian here, just
can't seem to see how wonderful thing are.
Every conceivable story in between has
been circulated too. And, of course, most
of them are nonsense.
At least it appears that the majority of
students care enough to talk about ac­creditation.
This is perhaps a good first
step, particularly for those who have been
too engrossed in Gilbert's to realize that
there are questions and problems in the law
school and even in the rest of the world. To
those who have not yet considered the im­pact
of the accreditation issue, think of this:
When the law school's accreditation is
questioned, the credibility of your degree is
questioned. To say nothing, of course, of
the quality of the educational experience.
And the one who is going to make all this
worthwhile, The Potential Employer, is not
deaf.
The problem with these nebulous discus­sions
of the accreditation situation is that
they are not based on the facts. How could
they be? The facts have been misconstrued
by various seemingly reliable sources, and
those who have accurate information have
not set the record straight for the public
and, worse, for the students. The result of
allowing inaccurate and incomplete in­formation
to persist has been that an un-
Communicate
necessarily dismal picture has been painted.
That this can only be detrimental is ob­vious.
A number of students are seriously
considering transfer; some of the top pros­pects
for the first year class imply went
el ev. here. It i not unreasonable to as ume
that fa ulty and poteotiaJ fa ulty have
similar thoughts.
So, who knows the facts of the accredita­tion
situation? Who, indeed. Obviously the
admini tration knows the full tory. It is
time that the deans di u the i ue v.ith
the tudent face-to-face ansY.ering any
question and di pelling hatever confu­sion
exists. It is even concei able that the
student body may have suggestions for
dealing with whatever problems exist. To
fail to clarify this matter is a disservice to
the school and to the students.
The administration cannot take all the
blame for failure to inform the students.
Perhaps the deans would have already done
so, had they been asked. Why haven't the
students demanded answers with regard to
this crucial matter? The response that the
administration probably wouldn't give
straight answers anyway is unfair in this in­stance
and an irresponsible excuse for the
students' not taking the initiative. The
deans were open and cooperative in discus­sions
with an Examiner reporter; besides,
the opportunity to be candid with the
students should be presented. The standard
law school cop-out- "I don't have time to
worry about it" - presumably does not
apply.
What student has not experienced the
harrowing classroom situation in which the
red-faced professor bellows, "I want the
FACTS!"? It's the student body's chance
to turn the tables. After all, a little student­fac
ulty-administration communication can
only be beneficial, now and in the long run.
Moving?
Please send us your new address
four weeks in advance.
((Brandeis Brief'' Series
The Legal Profession
Incompetent Lawyers.?
A Trial Judge's Perspective
Senior United States District Judge
James F. Gordon was born May 18, 1918,
at Madisonville, Kentucky. He was
educated at Georgia Military Academy and
the University of Kentucky, graduating
from the latter with an LL.B. degree in
1941. After military service in World War
II, he began private practice in Madison­ville
with his family's law firm and con­tinued
such until his appointment to the
federal bench by President Johnson in
1965. During the years 1956-60 Judge Gor­don
served as Chairman of the Kentucky
Public Service Commission.
by The Hon. James F. Gordon
Lawyers and judges everywhere across this country were jarred off their pro­verbial
sackcloths some months ago when our revered Chief Justice, Mr. Burger,
went public with his stinging indictment of lawyers as incompetent trial
advocates.
That pronouncement ha produ ed a rain of verbiage pro and on, casting
blame hither and yon for the ondition existent against the only logical targets
within reasonable range, i.e., the bar, law schools, bar examiners and trial
judges.
Perhaps too much has already been said about the matter, but upon invitation
from your Brandeis Brief Editor I welcomed the opportunity to " put my oar in"
and e pre s my view from the perspective of a trial judge.
our Chief, at the time, must have well known would happen - for when
Caesar pea all men listen - the mediajumped upon his pronouncements and
soon the general populace, as a result of the media's overkill to increase circula­tion
through ensationalism, possessed the fixed impression that all lawyers are
incompetent, the legal educational system is a dismal failure, and the entire pro­fession
is in a shambles. Further, the do-gooders and the bleeding hearts, who
always lo e ight of the convicted defendant's guilt, took up the hue and cry that
our prisons were filled with the innocent, resulting from failure of the judiciary to
protect them from the incompetence of their defense trial counsel.
Further, the Chief's public pronouncement created such a tempting national
whipping boy that it became attractive for politicians on white horses to charge
upon the field and to lay their failures and frustrations at the feet of our
profession - for everyone knows that criticizing lawyers has been "safe territory"
since Shakespeare reported Jack Cade in Henry VI as saying, "The first thing we
do, let's kill all the lawyers."
The point I am trying to make is that however well intended the Chief was, or
however laudable his purpose in calling our attention to our shortcomings, if they
even in fact exist in this instance, so that we might strive to improve our profes­sional
posture, it was poor judgment to publicly hold the profession up for
ridicule by the lay populace. It will now take us years to repair our lost public
confidence.
I am certain Mr. Burger felt that the "shock" approach was the only means of
awakening us to what he considers to be a "serious problem" in our profession.
However, the manner and tenor of his pronouncement were a mistake in two
respects: first, his desires could have been accomplished within the profession
quietly and without passion just as he has accomplished so many other worth­while
objects since becoming Chief Justice and, second, there is just no
"serious problem" worth the damage that has been done to the public's con­fidence
in the legal profession.
One might more than suspect that had he to do the thing over, in view of what
has happened, the Chief Justice would not shoot from the hip, but follow other
more quiet, reserved, and I am sure, more productive means in identifying the ex­tent
of the problem and the measures necessary to its correction.
Quite frankly, I was not aware of a problem as serious as announced by Mr.
Burger - one-half of all trial advocates being incompetent. Such has not been my
experience in 14 years as a federal trial judge. My initial reaction to Mr. Burger's
pronouncement was that perhaps I had not been a good judge of the competency
of the hundreds of attorneys who had appeared before me; however, after the in­itial
shock had subsided, I realized that perhaps the problem was not so serious as
portrayed by Mr. Burger.
I am not maintaining that there is no problem at all with trial advocacy, for
there are, of course, always problems about everything in the affairs of mortal
man - from good plumbers leaving dripping faucets to well-meaning filling station
(Continued on page 11)
Louisville Law Examiner, September 12, 1978 3
Law Examiner Invites
Ideas, Readers and Writers
The Louisville Law Examiner, the stu­dent/
alumni newspaper for the University
of Louisville School of Law, enters its
fourth year of continuous publication with
the printing of this issue. The Examiner is
the only law school publication of its kind
in the Commonwealth of Kentucky.
The Examiner got its start when Bill
Bardenwerper, a former college newspaper
editor and a first-year student at the School
of Law in the academic year 1974-75
recognized the need for a publication
covering news in the law school community
to fill the void left by the failure of an
earlier student publication, the Louisville
Lawyer. He obtained $350 from the Stu­dent
Bar Association (SBA) to produce a
"trial balloon" issue of the newspaper,
with no assurances that funding would be
provided for more than one issue.
The first issue was a success, however,
with both the student body and the alumni,
and the newspaper staff was then able to
enlist further support from both the SBA
and the Law Alumni Foundation of the
hool of Law.
Currently the Examiner is published
eight times during the academic year and
utiliz funds from several sources. The
La Alumni Foundation has renewed its
commitment of $2,500 to the Examiner's
annual budget, and the SBA has allocated
1.6 0 to be used in the publication of the
n paper. The Examiner also receives
1790 in state monies from the Com­mon
eaJth and receives some revenue from
ad\erti ing.
The taff of the Examiner presently
numbers 16 and includes members of each
clas of the day division of the School of
Law. But new staff members are always
welcomed and the Examiner is especiaJly
inter ted in en ouraging greater participa-t
tr m emn t\ I-n
tudent . ( n evening divi ion tudent
who wrote for the Examiner last year, Greg
Yopp, has transferred to the day division
this year.) Any interested student is invited
to join the staff and special arrangements
will be made to accommodate the schedules
of first-year and evening division members.
There are no grade or hour requirements
for working on the Examiner. Its office is
located on the first floor of the law annex
building.
The Examiner is entirely student-run and
this year, for the first time in its short
history, bas elected co-editors to oversee
its publication. Last year's Editor-in-Chlef,
Ken Golliher, has decided to return to the
position of staff writer so that he will have
time to clerk during his final year in law
school. Mr. Golliher has also been selected
to be an associate editor of the Litigation
News, a publication of the ABA.
Total circulation of the Examiner is
about 3, 700 copies. The bulk of this figure
is accounted for by the alumni of the U of
L School of Law and the Jefferson School
of Law. The latter institution merged with
the U of L School of Law in 1950 and their
combined alumni number about 3,000.
Student circulation accounts for about 600
copies.
An additional I 00-plus copies of the
newspaper are sent out to various persons
and institutions. The Examiner is mailed to
about 40 other law schools as part of a
newspaper exchange sponsored by the Law
Student Division of the ABA. It is also
mailed to the Governor of Kentucky and
each of the congressmen representing Ken­tucky.
It is circulated as well to public of­ficials
in Louisville and Jefferson County
and to the deans and SBA presidents at
Northern Kentucky University and the
University of Kentucky.
Articles are invited from students, facul­ty
members and members of the bar who
wish to do freelance work. The topic must
be cleared in advance with one of the co­editors,
however, to insure that there is no
duplication of coverage and that the article
wiU not be beyond workable length for a
newspaper format.
Law Auxiliary
Tours School
by Jerry Adair
The Law School Auxiliary held an orien­tation
or the pou es of tills year's incom­ing
law students. On registration day the
husbands and wives of the new students
were given tours of the law school and J .B.
Speed Art Museum. The spousc;s also
listened to speeches given by Chief Justice
John Palmore and Assistant Professor Linda
Ewald. A dinner was held the following
Sunday enabling the couples new to the law
school community to meet other couples.
The Auxiliary held a business meeting on
September lO in the Cox classroom.
Carolyn McCarty, president of the Aux­iliary,
says there are also plans to hold a
supper sometime in November. The
spouses' organization, said Mrs. McCarty,
is to provide those married to law students
an opportunity to meet and socialize with
each other.
''Brandeis Brief'' Series
to Anaryze Legal Profession
By Bruce K. Dudley
The topic for the 1978-1979
"Brandeis Brief" is "The Changing
Image of the Legal Profession". In
years past, the topics of the
"Brandeis Brief" have been fairly
specific. This year, however, the
staff concluded that a subject of
more general interest might be better
received by law students and the legal
community.
In addition, it seems that the legal
profession is going through a period
of growing pains. Legal advertising,
the presence of cameras in the court­room,
and Chief Justice Burger's in­famous
remarks concerning the com­petency
(or lack thereof) of
America's trial lawyers. are but a few
of the issues which have caused con­troversy.
within the legal profession.
These "problems" should in no way
be a cause of embarrassment to the
profession. They are, perhaps, simp­ly
manifestations of a maturing pro­cess,
one which may be somewhat
overdue. Nevertheless, it could be
said that it is better to grow up at a
late date than to never grow up.
To conclude, it should be mentioned
that the Examiner staff welcomes
feedback from its readers. Some of
this year's articles, because of their
controversial nature, may be pro­vocative
of criticism, both positive
and negative. What could be a better
forum for a presentation of opinions
than your own school newspaper?
'l1le Law Alumlli Foundation's donation of $130,000 was instrumental in expanding the total
number of volumes in the library, but purchasing of pocket parts remains a problem.
More Help Needed
Law Alumni Funds Aid Library
by Mark Little
Concerns about the accreditation of the
University of Louisville School of Law
have stimulated new interest in the critical
problems faced by the law library. One
group that has attempted to alleviate these
deficiencies is the Law Alumni Founda­tion,
according to Terry McBrayer, a
member of the class of 1962.
According to Associate Professor Gene
Teitelbaum, head librarian, "Our total
library budget is $76,000 per year which is
less than half the national median of
$180,000 per year which the .American Bar
Association has designated as the proper
level. Fortunately, we have been able to ac­quire
additional money from other sources
on an ad hoc basis so that last year, our
total budget was about $200,000. But every
year, we have to search for additional
sources of income to supplement our
meager budget which as a result makes it
extremely difficult to plan for expansion
and special projects.''
Acc~rding to Mr. McBrayer, a primary
reason for the library's "meager" budget
has been a general lack of funds brought
about because "for a long time, the law
school has not been among the top priorities
within the University of Louisville ad­ministration
and the Council for Higher
Education. Now, with the help of Dean
Wren, the law school in general and the
library in particular have begun to receive a
more equitable share of the University
budget, but the school still has a way to
go."
Mr. McBrayer also stated, "The Foun­dation
has attempted to increase the
number of volumes in circulation as well as
to improve the quality of reference
materials. The law library is critical to the
law school's maintaining its accreditation
plus improving the overall reputation and
quality of the law school."
Mr. McBrayer, who recently resigned as
the Commissioner of Commerce for the
Commonwealth of Kentucky, explained
that the Alumni Foundation raised the
money in an attempt to catalyze the growth
of the law library: "We were delighted that
we could raise the money and we hoped
that it would serve as a shot in the arm for
the law library, but in terms of continued
long-term growth, the library must have a
consistent sizeable budget. Otherwise
growth and expansion will be haphazard at
best."
Last year, the Law Alumni Foundation
donated $130,000 to the law library. Ac­cording
to Prof. Teitelbaum, this large
donation was instrumental in expanding
the total number of volumes in the library
but, he said, "we still have the major pro­blem
of maintaining the volumes and pur­chasing
second sets. By maintenance I
mean purchasing the pocket parts for all
the Reporter and Shepard series plus mend­ing
and repairing volumes that are
damaged by normal wear and tear. Addi­tionally,
each series that we currently have
publishes about a volume per month which
we must purchase. This major maintenance
which we must do takes about 80 percent of
our total budget."
At present, the U of L law school library
budget is about half that of the other two
law schools in the Commonwealth. Salmon
P. Chase College of Law received $135,000
(Continued on pqe 5)
,_
•. 4
First- Year Students Arrive, Get Oriented
First-year shldents Robert Stauble, left, and Charles Thieman fill outfei' tration cards at orientation.
New Students Receive
Plethora of Advice
by Valerie Salven
Lots of advice, some informational
literature, a visit to the Student Bar
Association (SBA) book exchange and a
free lunch were among the highlights of the
orientation program for incoming first­year
students held at the University of
Louisville School of Law on Monday,
August 21.
The featured speaker at the orientation
program, Chief Justice JohnS. Palmore of
the Kentucky Supreme Court, cautioned
the 158 neophyte la students that "the
fir t year is the hardest year. If you get on
top of it the first year, it will make the next
two years easy. If you don't get on top of it
the first year, it will probably never be
easy." Justice Palmore stressed the im­portance
of being competent in the use of
the English language - "It's your basic
tool" - and also suggested that a lawyer
"should have a rudimentary knowledge of
accounting and bookkeeping.''
Justice Palmore listed several books
which first-year students should consider
buying. At the top of his recommended list
was a good legal dictionary. Other recom­mended
additions for the students' private
libraries were: The Common Law by Oliver
Wendell Holmes; The Nature of the
After a busy morning of buying books,
listening to speeches and taking notes
of the first posted class assignments,
the new law students were treated to a
picnic lunch on the oval in front of
the School of Law. Since the first­year
students followed an abbreviated
registration procedure, they were able
to get home early and get a headstart
on their studying.
Judicial Process by Benjamin Cardozo;
and An Introduction to the Philosophy of
Law by Roscoe Pound.
At the conclusion of his prepared
remarks, Justice Palmore fielded questions
from the audience. The first question was
broad - "What i the legal profession all
about?"
"The purpose of the legal profession -
like that of the medical profession - is
helping people," Justice Palmore replied.
One tudent asked the justice whether the
quality of the legal profession i declining.
Justice Palmore prefaced his answer to
that question with the remark that "every
time I comment on that, I get quoted in a
paper. But they only print the final quote
and not the background" for his conclu­sion,
he said. He then went on to give his
opinion - complete with background -
on the quality of the legal profession.
In addition to the advice given them by
Justice Palmore, the students were given
words of encouragement by Dean Harold
G. Wren. Dean Wren told the group that if
they keep up with their classwork that "the
light will come on" and the material in the
casebooks will begin to make sense by the
end of the semester.
SBA president Stephen M. Arnett served
JohnS. Palmore, the Chief Justice of the Kentucky Supreme Court, urged the ne• Ia•
"get on top of thing " their first year.
as both a moderator and a speaker during
part of the program intended to acquaint
the neY. tudents with various tudent
group and a ti\ities. member of the
Honor Coun il gave a brief ynop i of the
Honor Code of the S hool of Law: "Don't
lie, cheat or steal." A student who was
enrolled in the evening division last year
warned the 55 new evening division
students that they would have problems
and pressures in addition to tho e en­countered
by day division student . "In
fact, I found the pressures so great that I
have transferred to the day division this
year, so maybe I shouldn't even be talking
to you," he told them.
t one point in the orientation program
the first-year students were split up into
mall groups and assigned to a second- or
third-year student "orienta tor", who then
ga e the group more advice about law
school "from one who has been there", as
\\ell as a tour of the chool and a top at the
BA book e change.
fter a full morning of orientation ac­tl\
nies the ne\\ tudent , orne pro~ ors
and the econd- and third-year tudent
"orientators" adjourned to the front lawn
of the School of Law for a picnic lunch.
Since the first-year students were able to
pre-register this year, the luncheon con­cluded
what was one of the shortest orien­tation/
regi tration programs in recent
memory.
After lunch, the first-year students packed
up their newly-purchased casebooks,
copied down their first class assignments
from the school bulletin boards, and head­ed
for the library, home, or perhaps the
tennis courts or a bar.
And they began the long vigil which
could be euphemistically described as
"waiting for the light to come on."
' Louis-viii~ Law Exarilhtet, September· I~·. 1978 . 5
J.D. Is Not A
Guarantee of Fortune?
Attorneys and Law Students: Law Library
NEW YORK/ ABA - The organized
bar must do all it can to place young
lawyers in law-related jobs and counter a
weak legal job market, the president-elect
of the American Bar Association said at the
association's convention in New York City.
Volunteer to read for the blind.
Recording for the Blind is the only source of textual materials for
post-high school blind students. They rely solely on volunteer
readers. There is a need for . persons to read case books and other
legal materials. Your help will be greatly appreciated.
(Continued from p? 3)
last year and the University of Kentucky
College of Law received $165,000. Ac­cording
to Prof. Teitelbaum, "The money
for these schools came totally from univer­sity
funds . In terms of personnel, Chase
employed ~six professional librarians and
six and a half clerks, while UK maintained
a staff of four professional and five clerks.
We at U of L employ only two profes­sionals
and four clerks."
Speaking to the ABA's Law Student
Division, S. Shepherd Tate of Memphis
warned that a legal degree today is "not a
guarantee of fortune and financial in­dependence."
He said a likely excess of law
graduates over legal jobs and uncertain in­come
prospect are of concern to old, new
and future lawyers alike.
RECORDING FOR THE BLIND, INC.
240 Haldeman A venue
895-9068 (during business hours)
or "05 Strickler Hall
588-5856 Both Mr. McBrayer and Prof. Teitel­baum
noted that with the present situation,
the law library must struggle to maintain
its present level. Unless significant and con­sistent
increases in funding from the Uni­versity
occurs, improvement in the overall
quality of the law library will be difficult to
achieve. "Moreover," McBrayer added, "it
"it would be a shame to allow the law
school's excellent reputation to be tarnished
because of the lack of adequate funding.''
However, according to Tate, the pro­blem
of a crowded legal job market cannot
be solved by attempting to "close the door
on new lawyers." This course of action, he
said, could bring on antitrust problems and
would involve a rejection by lawyers of
both the American tradition of free access
to career and the free operation of the
marketplace.
Tate, who became president - the
235,000-member ABA at the conclu\.vn of
its centennial annual meeting August 10,
called for bar programs to "set forth the
realities of lawyering to those who would
enter the profession." At the same time, he
said, the bar has "a moral duty to offer
new lawyers, and prospective lawyers, the
same opportunity we expected in my
generation- an equal opportunity to enter
and advance in the profession on the basis
of individual merit."
Emerging fields of law, non-legal
employment and careers in which legal
training is helpful but not required, Tate
noted, will help provide jobs for law school
graduates beyond those in the traditional
legal market. ·
Use of Computers Can Compensate For Poor Student-Faculty Ratio
Chicago/ ABA - Combined with the in­il!.
hts of recent research in educational
p -ychology, the computer offers a unique
opportunity to provide indi idualized in­tru
tion without altering the tudent­faculty
ratio, reports a new tudy appear­ing
m the current issue of the American Bar
Foundation Research Journal.
In "Computer-Aided Instruction in
Law: Theories, Techniques, and Trepida­tion
, " Roger Park, Profe or of Law at
the niver ny of !linn ota, and Russell
Burri , Prof~ or and Director of the Con-ulung
Group on Instructional Design at
the Univer ity of Minnesota, examine the
development of programmed workbooks in
legal education to assess the potential role
of computers.
The dangers frequently cited in conjunc­tion
with computer-aided instruction, point
out Park and Burris, stem more from a
narrow and questionable approach to the
learning process itself than from the com­puter
technology. Recent research on pro­grammed
learning has shown that instruc­tion
eliciting an active response is more ef­fective
than instruction allowing the stu­dent
to maintain a passive role, that feed­back
to the student is desirable, and that
programmed materials need not follow the
rigid linear model of many early efforts.
Park and Burris urge designers of
computer-aided teaching programs to
break from the tradition of rote memoriz­ing
and formalistic legal analysis, and they
suggest ways to develop creative and
challenging problems involving a com­puter.
Several advantages the computer has
over workboo~s include the ability to res­pond
differentially to students' responses,
the capacity for rapid processing, and a
voluminous storage capacity for feedback
to students, teachers, and designers of
teaching programs.
According to several studies conducted
over the past five years, students have
responded favorably to computer-based in­struction
in law. The computer should not,
however, be seen as a replacement of the
professor, who with lectures and guidance
in classroom discussion is still viewed by
students as the most valuable component in
legal education.
Moreover, Park and Burris conclude, it
is up to law professors to individually and
collectively develop the techniques to make_
effective use of the computer in legal
education.
Park and Burris, both Affiliated
Scholars of the American Bar Foundation,
undertook their study as part of the Foun­dation
Research Program in Legal Educa­tion.
As wi 1 1ll works published by the
Foundation, .ne analysis and conclusions
are those of the authors alone. Subscrip­tions
to the American Bar Foundation
Research Journal ($15.00 a year) or single
copies ($4.50) are available from the Foun­dation
at 1155 East 60th Street, Chicago,
Illinois 60637, 312/667-4700.
Good News For July '79 Bar Exam Takers • • •
FMA="'CIS, KAZI::J:: A~l> FR • .o\::"CJS
130 ('Ql"RT STJU: rr
PRESTO:"\SRl"RG. Kt;:oo;Tl"C'KY ·UIS;)3
nt"P C . PNA$"MM Tt:l .f:I"IIUSKlCo --·.-:s•• .... .au, D. a. IL\1-KC
W'ILL.l.Alol G. PKA~I["ltlo
•"1-U .I.A)ol aJ. KIC:SOKIC"K
June 29, 1978
Dean Harold Wren
University of Louisville
Law School
Louisville, Kentucky 40201
Dear Dean Wren:
Our May conference was certainly co~structive and
informative to us as Bar Examiners. I hope that we can
hold our meetings at least twice a year and discuss our
common problems which, I am sure, ~o~ld lead to a
resolution of any difficulties we ~ig ht have .
You will recall, we discussed the changes in the Rules
for taking the Bar Examination by the addition of other
subjPct matter. The Rule states that the new subject
matter would be included in the Exanination to be held
in July of 1979. However this may be, the Order of the
Court was signed too late for this new subject matter to
be included in the schedule of the students who would take
the 1979 Bar Examination. l~e have, therefore, concluded
that these new subjects will not be included in the 1979
July Examination, but will be 1ncluced and enforced for
the July 1980 Exam1nat1on. I am sure that th1s 1nformation
will be welcomed by a large number of your students.
With kindest personal regards, I am
WIL !>OOOI W . -¥ .. 00, :S. .. .
., ,.h•U • W . G•fi•OON
..-o .. c•r \. . SLOSS WYA'n. GRAfTO;-.J G SLOSS
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•ustoCL\. ... ••<Oo;.s
TWENiY-E ICHTH HO~it· CITIZENl P'i..AZA
L O~ ,_WILLE. Hl'IOTUC~Y ~0202
A . ... ALI,..&CC c•.o.•t'ON • .t•.
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0\.D .. ATOOCIIt
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OON c . 0'"AC'I'C"'
't'NOMAS ... .. CC"C"'
Dean Harold l~ren
University of Louisville
Law School
Louisville, Kentucky 40208
Dear Dean wren:
August 9, 1978
Hs. Rita Siegwald called me asking for clarification
relating to the p6sition of the ne~ers of the Board of Bar
Examiners relating to the new subjects that because of the
amendment of Rule 2. 090 of the Suprene Court will be inclu<le<l
in the future bar examinations. Fred G. Francis, Esq., Chairman
of the Board of Bar Examiners previously ,.,rote you on June 29
that because the Order of the court a~e~~ing the rule was
signed at a rather late date it is not t~e intention of the
r:oard of Bar Examiners to include these ne\< subjects in the
1979 July examination but rather to include the~ for the first
time in the July 1980 examination.
Ms. Siegwald has pointed out to me that some doubt exists
as to whether the postponement to the July 1980 examination
applies also to the requirement that a candidate in the fu·ture ·
certify that he has successfully completed a course of study
in lal< school in the subject of ethics. Unless the supreme
Court of Kentucky should direct us othendse, an action that
we do not expect, I can inform you that it is ngt our intention
to enforce this provision until the July 1980 examination.
A copy of this letter ,is being sent to ~lr. Steve Arnett,
President of ·the Student Law Association. He recently ~alled
me about the concern of some students ~1ho realized the possibility
of getting a failing grade in the February 1979 examination
·and l<hO \oiOUld then want to sit for the July 1979 examination
but ~1ho \<OUld not have completed a course in professional ethi~s.
I believe this response to ~Is. Siegwald' s inquiry also serves
as an answer to ~tr. Arnett's inquiry.
6
Right-:- Consumer advocate Ralph Nader spoke
to the Law Student Division about a new public
interest organization called the Eq ual Justice
Foundation.
Far right- Representatives from the University
of Louisville School of Law who attended the
ABA Centennial Meeting included, from left:
Susan Barnell , co-editor of the Examiner;
Stephen Carson, SBA vice president; Mrs.
Marlin M. Volz; Professor Marlin M. olz; and
Mark Lillie, LSD representative.
Over 11,000 of the ABA's 235,000 members attended the Centennial Annual Meeting in New York City August 3-9.
of the meeting, held in the Grand Ballroom of the New York Hilton Hotel.
Below- The "Lawyer's Expo" at the BAcon­vention
featured exhibits on the late 1 in com­puterized
research, legal periodical and office
equipment.
ABA Celebrates Centennial at New York Meeting
Story and Photos
by Valerie Salven
A noticeable theme at the Centennial An­nual
Meeting of the American Bar Associa­tion,
held in ew York City August 3-9,
was an emphasis on the future goals and
aspirations of the legal profession in
general and the ABA in particular. Several
prominent convention speakers voiced con­cern,
but al o optimi m, about the public
image of lav yer .
enator Edward 1. Kenned}. the ond
ran ing member of the enate Judi.:iary
Committee and hairman of the ub"om­miuee
on Antitru t and Monopoly of the
Judiciary, aid in his address to the opening
a embly of the AB that he rejected the
notion that "all of the problem and defi­ciencie
of the sy tern can be laid at the
door of lawyers. To blame la\v yer for
every law too many, or too few, or too
wrong is like blaming themes enger for the
bad news he brings.''
"If we are 'over lawyered' and 'over­Jawed',
then Congre s, the executive
branch, and the courts must share the
re pon ibility," he added.
Senator Kennedy advocated a reduction
in the level of government regulation im­posed
on bu iness and individuals, as well
as finding ways to increase the power of in­dividual
citizens and small business to deal
with large public and private institutions.
"We must also find ways to reduce the
burdens and delays associated with
litigation - which inevitably work the
greate t hardship on individuals and small
business," Senator Kennedy stated, "and
part of the answer lies with associations
like the ABA in providing lawyers with a
forum that transcends the interests of par­ticular
clients and promotes the search for
The Co-Editors of the
Louisville Law Examiner
would like to thank the
staff and friends of
Equitas, the newspaper
of the New York Law
School, for the hospi­tality
extended to us dur­ing
the ABA Centennial
Meeting. Best wishes
for another successful
year with your publi­cation.
ways to make the legal system work for the
individual rather than against him."
In his welcoming remarks to the opening
assembly, ew York Governor Hugh L.
Carey expressed the opinion that most of
the continuing effort to improve the
American sy tern of ju tice "has come
from the men and women who e daily lives
are de oted to the practice and to the ad­vancement
of the Ia'' ." nd the outgoing
B prddent. Wilham B. pann, Jr .
told the a mbly that r ent riti · m of
th I _al pr f i n r not urpn mg
be·au e "we ha'e ahva) been the har he t
critics of the American system of justice. It
is the lawyers of America - both bench
and bar - who grapple daily and inti­mately
with the ju ti e y tern and know it
trength and'' ea ·ne e . "
Concern about one perceived weakne
in the merican y tern of ju tice- that of
the a'ailabilit} and u e of legal coun el by
on! a mall egment of the population -
''a C\ iden ed by the publications and pro­gram.
offered to convention-goers by
everal of the B sections.
The ection on Criminal Justice
di tributed pamphlet de cribing "Project
dvo ate". an effort tO encourage local
bar a oc1ation tO launch volunteer pro­ject
to pro' ide coun cling and assi tance
with civil Ia'' matter to ex-criminal of-fender
. "A lawyer's help can ... restore
to the offender some sense of hope, and
an under tanding that the law can help as
well puni h," the pamphlet explained.
oth r obj tive of the project is to pre­\
ent the pri on gate from becoming a
"re,ohing door" with offenders doing "a
Iif ntence on the installment plan" and
the offender' family becoming a burden
on ci ty, the pamphlet stated.
n th r pro bono activit wa d cribed
- n urn r ad,ocate Ralph a er at a
m · n_ o th La' tu nt Di'i ion. 1r.
, ader urged Ia'' tudent to be orne in­volved
in a new public interest organization
called the Equal Justice Foundation, an
organization which hopes to establish suffi­cient
financial backing by per uading
lawyer to pledge at lea t one percent of
their gro employment in orne per . ear to
the foundation. Literature di tributed b\
Mr. ader at the meeting des ribed the
purpose of the foundation as ' impro,ing
citizen and public interest group a e to
justice."
Although Mr. Nader and his supporter
have been soliciting pledges to the founda­tion
since last fall, one of the three ne
legal newspapers which published pilot
issues for distribution at the convention
reported that so far only 160 lawyers have
pledged to contribute.
Senator Edward M. Kennedy of Massachusetts, Chairman of the Subcommittee on Antitrust and Monopoly of the Judiciary and second ranking m~mber
of the Senate Judiciary Committee, gave the main address at the opening assembly.
You Don't Say.
"I would like to ask you for one
brief moment to picture the law
school experience as a roa t beef
sandwich. Let us iniTially COIISider
the 84 units of regular classroom in­srrucrion
as being the meal of rhe
sandwich. . . ow let us consider
rhe admission process to law school
as being one piece of bread. Let us
also COIISider the functions of the law
school placement office as being the
econd piece of bread in that legal
education sandwich. The toTality of
rhe nourishment to the law students
re. t/{lnf! from the ingestion of this
ndwtch would be greater if the
communi!} of legal scholars could
bnn the quality of rhe two pieces of
bread on the outside up to the quality
o the roast beef on the inside." -
Fr m text of remarks prepared for
ether~ b~ Charles W. Sherrer, Divi­
·on Coun el for the South Pacific
01\i ion of the U.S. Army Corps of
Engmeer , to the Section on Legal
Education during a program on "Ex-hange
Programs between Law
Schools and Law Firms."
Louisville Law Examiner, September 12, 1978 7
In his remark before the law student
gathering at the convention, Mr. Nader
criticized the Burger Supreme Court for
narrowing a e to the courts in order to
alleviate the o erload of cases on the
Supreme Court. "You don't alleviate the
burden on court by putting it on people
who need to use the courts," he said. He
also suggested that "it is time to ask if we
need an expansion of the judiciary.''
Attorney General Griffin B. Bell also ex­pressed
concern about the need to expand
the judiciary during his remarks at an ABA
tun on \l r. Bell urged upport of the
Om u J u _ e h1p Bill ·urreml} being
studied by Congre , which would create
!52 new judgeships for the federal courts.
The suggestion that entry into the legal
profession should be restricted to a greater
extent than it presently is was rejected by
ABA President-elect S. Shepherd Tate,
who told the Law Student Division that
such an action would be unfair and in­consistent
with the merican belief in a
free marketplace, as well as a probable
violation of amitru t law . It would be dif­ficult
to predict what the demand for
lawyer services will be in the future, Mr.
Tate said, and there are at o opportunities
for law-trained person in non-legal or
non-traditional legal career .
"The Socratic method - a game
in which only one can play. "-Con­sumer
advocate Ralph ader, peak­ing
at a program on "Acce s to
Justice" sponsored by the Law Stu­dent
Division.
"Cloning gives you an exact
replica of yourself - that 's sick, I
don't want to see it in my society."
- Ethan Signer, professor of
Biology at the Massachusetts In­stitute
of Technology, speaking at a
program on "The Implications of
Cloning" sponsored by the Section
of Individual Rights and Responsi­bilities.
"Lawyers ... are privileged per­sons
in our society. Although never
ranking high in popularity polls, we
occupy a place of influence that is
unique. But we have no divine right
to enjoy that place. We must con­tinue
constantly to merit it by effec­Tive
leadership both in making our
system of justice serve our people
and in providing responsible leader­ship
as citizens."- Lewis F. Powell,
Jr., Associate Justice of the U.S.
Supreme Court, speaking at a con­vention
prayer breakfast.
A change in the current method of
educating future lawyers was suggested
once more by the Chief Justice of the
United States, Warren E. Burger, during
the convention week. "We are long over­due
in recognizing what the medical profes­sion
recognized near the turn of the century
- that a degree from a medical school does
not qualify a person to engage in the prac­tice
of medicine, either as a general practi­tioner
or in specialties such as surgery. The
trial of cases is the 'surgery' of our profes­sion,"
the chief justice stated.
Ju tice Burger claimed that " a consensus
has now emerged that we must do more in
the educational process of lawyers," refer­ring
to the results of a recent "Law Poll"
taken of the ABA membership. He added
that this meant that "we must require some
form of internship before lawyers claim a
right to represent clients in the trial
courts."
The topic of advertising by lawyers as a
means of encouraging a broader segment
of the American population to take ad­vantage
of various legal services was once
again a popular subject of convention pro­grams
and discussions, but this year the
emphasis was on what type of advertising
lawyers should engage in rather than
whether they should be allowed to advertise
at all.
A controversial resolution to add televi­sion
to_ the list of media approved by the
ABA for lawyer advertising was passed by
the ABA House of Delegates. In a panel
discussion on advertising held during the
convention, the Chairman of the ABA
Committee on Advertising, Roger
Broshan, explained that "the purpose of
advertising is not to make more bucks for
lawyers, but to inform the public" about
what situations require the services of a
lawyer and how to go about selecting a
lawyer.
An advertising agency can be a great help
to the lawyer who is trying to write an
advertisement, Mr. Broshan said, since
''talking in short communications is not
something lawyers do naturally." But he
cautioned lawyers not to "turn the adver­tising
agency loose" since "they don't
know about the legal profession" and can­not
handle every aspect of the ad, either.
Mr. Broshan reminded lawyers that
"advertising only accelerates the success or
failure of a product" and is not in itself
determinative of the success of an at­torney's
practice or the number of clients
he or she attracts over a long period of
time.
For those at the convention who decided
to attend progra .JS conducted by non­lawyers,
the agenda included such notables
as anthropologist Margaret Mead discuss­ing
the changing form of the family; Gail
Sheehy, author of Passages: Predictable
(Continued on page 11)
The four student representatives who attended the ABA Centennial Meeting in New York en­countered
an unwelcome delay on the return trip to Louisville when the alternator on the state car they
were using went out at 3 a.m. as they were driving along a stretch of highway 43 miles north of Colum­bus,
Ohio.
8 Louisviile Law ·Examiner, September 12, 1'978
Library Assistant Miriam Williams and friend.
Ms. Williams discovered this abandoned and
somewhat sorry-looking feline loitering around
the law school shortly after the end of summer
school. She began feeding it occasionally and
finally arranged to place it in a good home. But,
then she discovered why this particular cat had
such a voracious appetite; "it" had four kittens
secreted away underneath the annex. Now Cat
and Kittens have at least 10 surrogate parents;
law students and secretaries from the education
building, along with Ms. Williams, feed the
brood regularly. Would anybody like a kitten?
Alumni Elect
Law School Does Self Study: Prepares For ABA Visit New Officers
(Continued from page I)
to compute residency points}.
-Competition for library space between
law students and non-law students who use
the law library's facilitie a a study hall is
not so fierce a it wa at the time of the
report. But Ia t year it was the ubject of
many omplaint from Ia tudent . The
admini tration has posted signs saying that
the use of the law library is restricted to
tho e persons who are actually using law
book . Student security guard , on duty
between 10 p.m. and 7 a.m., regularly e ict
violators.
-Currently the library staff consists of
two professional librarians and four non­professionals.
-Class scheduling has been changed to
the five-day week instead of the four-day
week that was in effect at the time of the in­spection.
-The long standing vacancy in the
Dean's office was filled when Harold G.
Wren assumed the position in 1976.
-According to the official response to
the report U of L's full time law faculty
members have always carried a normal
teaching load in compliance with ABA
standards. (The citation on this point as
well as the one regarding equal credit for
evening students probably does not repre­sent
actual differences of opinion between
the law school administration and the
ABA, but only the accreditation team's
misinterpretation of law sc~ool policy.)
-Financial aid is a sore point. The
University of Louisville's central ad­ministration
promised the ABA that in the
academic years 1976-77 and 1977-78 a total
of approximately $108,300 would be
available for financial aid to law students.
Over that two year period U of L was over
$20,000 short of that promise.
This year only $40,279,96 is available for
law student financial aid. At this year's an­nual
convention in New York ABA o-f­ficials
noted that an acceptable level of fun­ding
would offer financial aid to 10-20 per­cent
of the law school student body. When
fully dispersed the figure noted above
would assist considerably less than 10 per­cent
of the current student body of the
School of Law.
-As regards a lack of adequate
facilities, a new wing on the law school is in
the planning stages. Hearings were held
last November and several U of L and law
school administrators testified before ABA
representatives on their progress on the
new wing up to that point.
In the period between the initial report
and the present, correspondence between
the School of Law and Mr. White has been
frequent and hea ily laced with the stilted
language of the ABA standards. Hearings
have been held and progre s reports filed.
Hoy,ever, Ia t June Dean Wren and
niver ity of Loui ville Pre idem Jame
G. Miller received a four page letter from
Mr. White notifying them of an Accredita­tion
Committee report on U of L's School
of Law. The report was primarily concern­ed
ith the Jack of adequate physical
facilities at the School of Law as reported
by the 1976 accreditation team. One of the
committee's findings was that the subse­quent
reports submitted by the law school
did not indicate that "appropriate" pro­gress
was being made toward meeting the
ABA's space standard, '"plans for con­struction
in themselves do not constitute
compliance with the Standards." The
report concluded that the School of Law
was not in compliance with ABA standards
and that the ABA's hearing procedure
should be instituted.
Although the unfavorable 1976 report
had received extensive local publicity, the
subsequent dealings between the University,
the School of Law and the ABA had re­mained
largely confidential. But some of
the contents of the above-mentioned letter
were evidently leaked to the Courier Jour­nal
by an unnamed source in Frankfort.
The ensuing article said that U of L was
again begin criticized by the ABA for its
. lack of space. It also said that the law
school's accreditation might be jeopardized
if the deficiencies were not corrected quickly
and that an upcoming Section meeting in
Denver (which Dean Wren was to attend)
might resolve the threat to accreditation.
No follow-up article was published regar­ding
the outcome of the Denver meeting.
However, Dean Wren's persuasive efforts
in Denver were successful to a certain ex­tent.
Rather than recommending that ac­creditation
be removed, the Council
adopted a motion directing a complete re­inspection
of the School of Law in the fall
of 1978 and required that the School of
Law furnish specific information substan­tiating
that bonds have been sold by the
underwriters and that building plans have
been completed for the new physical
facilities for the School of Law by July 1,
1979.
Commenting on the effect of the publicity,
Dean Wren said, "It hurt us. There's no
question about it. Shortly after the article
appeared in the middle of the summer we
lost students who had enrolled as freshmen
for the upcoming year. They were some of
the best students we had admitted and there
is no doubt in my mind that they simply
transferred their registration to the Univer­sity
of Kentucky."
In an effort to prepare for the ABA's
return this fall As ociate Dean Steven
Smith is preparing a self-study of the law
school which he hopes to be able to submit
to the faculty and administration early in
October. Dean Smith delayed a sabbatical
which he was to begin early this fall in
order to prepare the self-study and assist in
the planning of the new wing.
Dean Smith's job is to use his experience
on the ABA accreditation teams along with
his knowledge of the law school's programs
to create a report which will anticipate the
report of the inspection team. Deficiencies
cited in the self-study will put the ABA
team on notice that the law school is aware
of any problems it may have and that it is
attempting to cope with them. Also, the
report should better enable the faculty and
administration to respond to any criticism ·
which the ABA team might offer.
Dean Wren is optimistic about the up­coming
inspection. "In my own view all
previous deficiencies, other than those
dealing with facilities, have been corrected,
but we've never officially been let off the
hook. I'm confident in every respect that
we should get a clean bill of health," he
said.
by Greg Yopp
Members of the University of Louisville
School of Law Alumni Association elected
their new officers at the recent Kentucky
Bar Association convention. Morris B.
Horowitz, Louisville, Kentucky, was
elected president of the Alumni Associa­tion.
For the first time, the Association's vice­presidents
were elected from each of Ken­tucky's
seven judicial districts. The reason
for the change, explained Mr. Horowitz,
"is to extend the reach of the Association
throughout the state."
Elected as vice-presidents were: First
District, Robert 0. Miller, Murray, Ky.;
Second District, Tom Emberton, Ed­monton,
Ky.; Third District, Nancy
Scoville, Lily, Ky.; Fourth District, David
K. Karem, Louisville, Ky.; Fifth District,
Louie B. Nunn, Lexington, Ky.; Sixth
District, Ben P. Coomes, New Castle, Ky.;
Seventh District, Harold E. Kelly,
Ashland, Ky.; At Large, Owen Voigt, Jef­fersonville,
Ind.
Subsequent to this year's election of of­ficers,
members of the Association's Ex­ecutive
Committee have been appointed.
Recently appointed to this committee by
Mr. Horowitz were: Doug Farnsley, Retta
Tusia, Harry Herren, Stewart Conner,
Alan T. Slyn, Aubrey Williams, Lee Sitl­inger,
John L. Knopf, Sr., Frank P.
Doheny, Jr., and Steve Arnett, all of the
greater Louisville area.
You are invited to a party given by the
Delta Theta Phi Law Fraternity on
September 29, 1978 at 8:00p.m. in the
party room at Westbury Harbor, junction
of Lyndon and Herr Lanes.
We invite all our alumni.
RSVP 454-0364
Lqtiisville Law . ~xaminer, September 12, 1978 :9
BALSA Gets
Booklet Grant
by Jerry Adair
The Black American Law Student's
Association (BALSA) announced that it
became the first organization of the law
school to receive a grant from the Law
School Services Fund sponsored by the
American Bar Association's Law Student
Division.
The $250 that BALSA received on a
matching-grant basis (the other money be­ing
provided by the Student Bar Associa­tion)
will be used to publish a booklet en­titled
A Black Perspective on Law School.
The booklet's goal is hopefully to stimulate
more blacks into pursuing a law career.
Topics to be included in the booklet are the
admissions process of law schools, what
skills are necessary to be a good law student
and lawyer, and how to overcome the law
school pressures unique to minority
students. The booklet should be completed
in December.
Alphonso White, chairperson of
BALSA, said that with the booklet
"BALSA is trying to lay the foundation for
a more comprehensive recruitment pro­gram."
This year the law school accepted
five black students, less than three percent
of the incoming class.
Any law school organization may apply
to the Law School Services Fund for such a ·
project grant. Over $35,000 are available
with 25 percent earmarked for "minority­related"
affairs.
Seniors Defeat Faculty
in Softball Match-up
r Six More Students on Journal l
It~
mtmben in a lo and h rd·fought ft·
ball game held last May after spring exams
were over. In the photograph above, Pro­res
or Marlin Volz is shown heading for
first base as catcher David Niehaus and
umpire teve Arnett look on. (Mr. Arnett
n · thi year' 8 pre ident when he
n t u ~ umpann oftball gam .) In the
photograph below, A ociate Professor
Albert T. Quick models the latest in high·
fashion softball game attire. Prof. Quick
was given the t-shirt by members of his
Constitutional Law II class last year.
~en~~·~-.~~~----
by Jerry Adair
The Journal of Family Law announced
last May the addition of six candidates for
taff member hip. Stephen Berg, Editor-in­Chief,
said the second selection last school
year will hopefully enable the Journal to in­crease
its membership to the levels kept by
other law reviews. The May selection,
which also considered second semester
grades, opened the Journal experience to
more students without sacrificing the high
standards maintained by the law review.
The students receiving this honor are
Priscilla Diamond, Olivia A.M. Fuchs,
Cheryl C. Havens, John M. McCarty,
Richard Osler, and Peter Ostermiller.
Mr. Berg also announced that an ac-
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celerated candidate program has been in­itiated
for this year. This accelerated pro­gram
will hopefully alleviate the staff short­age
problem to be caused by the graduation
of several editors in December. Those
students who have been working in the ac­celerated
program this summer must com­plete
it by Sept. 30. This will allow three
months to train the accepted candidates for
duties as staff editors beginning in
January. Students in their final year who
are accepted as candidates normally finish
the candidacy program just prior to gradu­ation
and thus cannot serve as staff editors.
However the accelerated program will pro­vide
them an opportunity to serve in the
spring.
Drafting
Pleadings
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exhaustive indexing for the entire set
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forms carefully selected from
:ourt records and the files of
qualified practitioners in every
jurisdiction
0 concise text statements of
governing legal principles
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statutes and procedural rules
10 Louisville Law Examiner, September 12, 1978
Law School Welcomes Returning Faculty
te Professor Leslie W. AbralllSOD
Prof. Abramson
After spending the prior academic year
completing the requirements for his LL.H.
at the niver ity of Wi con in, ociate
Profes or Leslie W. Abramson returned to
the School of Law faculty for the 1978
summer session.
While at Wisconsin, Prof. Abramson
concentrated his efforts on the fields of
criminal procedure and correctional law.
Prof. Abramson was primarily engaged in
independent research and studied under the
tutelage of Frank Remington, a noted
authority in the field of criminal pro­cedure.
Prof. Abramson compared the academic
atmosphere of Wisconsin to that of
Louisville. He noted that the Wisconsin
Bar recognizes the "diploma privilege",
which briefly means that any Wisconsin
resident who passes certain courses at an
accredited law school in the state of
Wisconsin is automatically admitted to the
Wisconsin Bar upon graduation. The
"diploma privilege" alleviates the pressure
that is generally felt by law students, Prof.
Abramson said, especially during the
freshman year.
In further commenting on this point,
Prof. Abramson stated that since only 60
hours need be completed to meet the
Wisconsin "diploma privilege" this allow­ed
the students to take 30 hours worth of
electives. This tended to "loosen up the
curriculum" and created greater flexibility,
which was also conducive to students who
ought to specialize in one area of law
without having to worry about taking bar
courses. Overall, he was impressed with the
"good attitude toward academics" at
Wisconsin, Prof. Abramson said.
In noting that Wisconsin offered 10 to 12
practical clinical programs, ,Prof. Abram­son
was especially impressed with one
eight-hour course offered to seniors only.
In this course, the students were exposed to
a different practical legal problem each
week. It was the students' task to research
the problem, advise the "client" and argue
the problem on a professional basis. The
course was "student structured" and
"oriented to practical skills." The school
also brought in a practicing attorney who
was familiar with the area of law with
which the problem dealt to grade the
students.
Prof. Abramson received his under­graduate
degree from Cornell University in
1968, his J.D. from the University of
Michigan in 1971 and was admitted to the
Kentucky Bar in 1971. He worked as an
associate under local criminal attorney
Frank E. Haddad from 1971 to 1973. He is
presently teaching courses in criminal law
and antitrust law.
Alumni Certificates Awarded
Six Louisville lawyers are among
12 alumni of the University of Louis­ville
School of Law who received
Distinguished Alumni Certificates
for 1978.
The .Louisvillians are: James E.
Fahey, Indian Hills; Bernard S.
Goldstein, 1713 Dundee Way; Ralph
H. Logan, 1589 Parson Place; George
B. Ryan, 4210 Dolphin Road; Allen
Schmitt, 1222 Park Hills Drive; and
Samuel R. Wells, 3811 Washington
Square.
Others to receive the honor are:
S.E. Begley, Richmond, Ky.; J.D.
Buckman, Jr., Shepherdsville, Ky.;
Wiater L. Catinna, Frankfort, Ky.;
Henry A. Federa, Houston, Texas;
Malcolm Johnson, Bronxville, N.Y.;
and J. Milton Luker, London, Ky.
• • • , t 4 • f \ t f t t ' I .. 4 f t } t f I f t • - _II' .. r- , _ .a. o. '0. .. _a , 1 t, 'J 11 • • ' • • 'f 'W ' • 'f t 't 'll • • • ' -. • 4
Prof. Richardson
Returning to the School of Law faculty
this semester is Assistant Professor Judith
G. Richardson. Prof. Richardson spent the
last academic year at Yale, where she worked
toward completion of her LL.M. She con­centrated
her course of study in subjects
specifically related to the teaching of law.
She hopes to finish the requirements for
her LL.M. by the end of December.
Prof. Richardson received her bachelor's
degree in zoology from the University of
Kentucky in 1967. She obtained her J.D.
from the U of L School of Law in 1973.
Currently Prof. Richardson is teaching
courses in property and real estate' trans­actions.
When asked why she had a special
interest in property-related law, Prof.
Richardson stated that she enjoyed it im­mensely.
Prof. Richardson related that
prior to commencing teaching duties at the
School of Law in 1973, she was a partner in
the firm of Richardson and Richardson.
While in private practice, Prof. Richardson
did extensive work in property law. She
observed that it "helps to have the practical
experience to be able to draft real life pro­blems
for the class."
When asked what her future aspirations
are, Prof. Richardson stated that she
"hoped to practice on a part-time basis in
the future," and concluded that she didn't
feel it was necessary to leave teaching in
order to practice.
The small-group format used at Yale for
first-year students impressed Prof.
Richardson, and she stated that it was
"highly beneficial" to the freshmen. She
also observed that the quadrangular shape
of the law chool comple at Yale made it
Assistant Professor Judith G. Richardson
easier for students to' congregate and
socialize about legal theories.
In conclusion, Prof. Richardson said she
hoped that U of L could improve its
physical facility. She suggested that an ef­fort
should be made to provide more space
for students to study law on both an in­dividual
and a group basi .
Assistant Professor Linda S. Ewald
Prof. Ewald
Assistant Professor Linda S. Ewald
returns to the faculty after spending the
summer at New York University, where she
worked toward completion of her LL.M.
Originally from Schenectady. New York,
Prof. Ewald moved to Louisville prior to
commencing work for her undergraduate
degree at U of L. She graduated from U of
L's School of Law in 1972 and was admit­ted
to the Kentucky Bar in 1973.
Upon being asked to comment on the
program at N.Y.U., Prof. Ewald stated
that she was generally impressed with the
quality of education there. She said that the
physical plant was "beautiful" and noted
that this is the area in which U of L needs
the most improvement.
Prof. Ewald was also impressed with the
structure of the curriculum at N.Y. U. She
noted that the upper-division courses were
mostly offered on a two-hour basis, thus
giving students more opportunities to take
electives. Prof. Ewald said that the faculty
members at N.Y. U. were highly specialized
and genuine experts in their respective
fields.
Prof. Ewald called it "very enlightening
and healthy" for a faculty member to be
placed in the role of a student. She feels
that her experience during the summer will
help her to become a more effective
educator. Prof. Ewald is currently teaching
civil procedure in the day division and ad­ministrative
law in the evening division.
Although she will be returning to N.Y. U.
during the spring semester to complete re­quirements
for her LL.M., Prof. Ewald ex­pressed
a desire to remain at U of L for a
long time to come. In prior years, Prof.
Ewald has been instrumental in changing
and improving the moot court program at
the School of Law.
I , 't• ,· • · } l I J '.' • . . ' •' I I • • - • • l, , I .
• • • • • ~ w • • • • • • • • • • • • .. • • • • • • • • .. .. . ..... . . . - ....... . - -
Louisville Law Examiner, September 12, 1978
Judge Gordon's Response to Burger
( o tia eel r rom page 2)
attendants failing to replace gas tank caps. Yet we do not damn those trades as in­competent
for their failures. I just say certainly the problems of the legal profes-ion
do not justify the highest legal figure in America making such pro-noun
ements. I am reminded of the words of Butler in Hudibras:
T'expose their trade to disputation,
or make the busy rabble judges
of all their secret piques and grudges.
In which, whoever wins the day,
the whole profession's sure to pay.
In my judgment Mr. Burger would not have been so cnt1cal of the legal profes-ion
had he anticipated the full public impact of his remarks and had he realized
the very limited magnitude of lawyer incompetency witnessed by the majority of
judges and confirmed by re ent empirical studies. Who should know more about
the adequacy of coun el than the judges who actually try the cases and hear the
appeals?
Recent! , federal trial and appellate judges were canvassed by the Federal
J udi ial Center in a tudy to assess the quality of advocacy in the federal courts.
The Center' reoort, published in March of this year, established that the majori­ty
of federal trial judges "believe there is not a serious problem of inadequate
trial advocacy in their courts .. . " A substantial minority (about two-fifths)
believer! there existed a serious problem; however, the percentage of inadequate
perform nces reported by this group was only about 13 percent - a far cry
from Mr. Burger's 50 percent. Additionally, this 13 percent figure may be
tempered somewhat by the Center's observation that the minority of judges who
thought that there was a problem are, as a group, more critical of individual
lawyer performance than the majority of judges who believed there was no prob­lem.
Had lawyer performance been evaluated by only those judges who do not
believe a serious problem exists, the percentage of inadequate trial advocates
reported might be as low as SIX percent.
As for the survey report on the appellate le el "the appellate judges who
believe there is a serious problem of inadequate appellate ad ocacy in their courts
regarded 9.7 percent of the performances as inadequate while those who believe
there is not a serious problem regarded only 4.2 percent as inadequate.''
A far cry from Mr. Burger's 50 percent, and these percentages are supplied by
those who actually witness lawyer performance. The more interesting study, I
would enture to speculate, would be the lawyers' performance apprai al of the
JUdges. How would the judges fare? Would their percentages be as low? This
po e yet another interesting perspective from which to view the problem; that is
what is the relationship between how a judge views his role within the judicial
ystem and how he views the lawyer's performance.
To the t o-fifth of m colleagues who belie e a erious problem exists in ad-m
uti an to great re traint
n na nng a tnal ad\(x-ate performan e. Re ognition should always be
gn.. en to the fact that all lawyers do not project the same skills or image though
they may possess equal devotion and diligence and achieve equal goals and
results. Advocates many times do not phrase their questions or lay their tactical
plans in the same manner as perhaps the judge would do, or would like to hear, or
ee, but that does not make them inadequate - though some judges are quick to
consider it so. I have found "Know-it-all-ism" to be a serious contagious disease
among judg eldom fatal but with no known cure, and which can only be
arrest ith large daily do of restraint.
We judg must remember it ' easy to it in the "cat-bird's seat" and second
gues a Ia ·er' overaJJ performance in comparison to the result achieved. A
judge must remember he pas e ses no inside knowledge of the problems that face
the trial ounsel in the development of his case - tactical problems of proper
pre entation of dangerous factual situations or the control of hostile, ignorant or
recalcitrant " imes es. It's a simple thing to pass judgment on a tactical move
after it fail or ba fires.
Be it remembered b the critical two-fifths of my brothers that every partici­pant
in a lawsuit ha an obligatory role. The judge is supposed to do some work.
The trial judge has orne obligation in the trial other than to umpire- he is a par­ticipant
and should mo e into the proceedings himself to correct anything that
smacks of inadequacy to such significance as would produce injustice.
I fear the critical two-fifths ha e confused their own preferences as to presenta­tion
with inadequacy of presentation, and they are a far cry from one another.
It is my considered judgment that a good judge allows a lawyer to try his case
his way instead of spending the Court's judicial time "making book" on the
lawyer's short-comings of presentation; he keeps his judicial attention to the fact­ual
and legal developments of the trial, to provide for and preserve the fairness of
the outcome- not necessarily the perfection of presentation.
As I see it, if trial judges will meet their obligation, then few, if any, great in­justices
will occur from inadequate advocacy.
U of L Contingent at Convention
(Continued from page 7)
Crises of Adult Lives, discussing profiles in
lawyers' lives; and NBC commentator Tom
Brokaw discussing search and seizure of
the media.
A "lawyer's expo" - a room full of ex­hibits
on new research aids, books and of­fice
equipment - brought lawyers at the
convention up-to-date on the latest wares
available to the legal profession.
The convention marked the IOOth an-niversary
of the first ABA meeting conven­ed
in Saratoga Springs, New York. Ap­proximately
II ,000 lawyers attended the
meeting this year, a record for the
organization which also boasts a record
number of members this year- 235,000.
The University of Louisville School of
Law was represented at the convention this
year by Associate Dean Norvie L. Lay,
Professor Marlin M. Volz and Professor
William F. Dolson.
r Privacy Conflicts with Crime Control l NEW YORK/ ABA -While undercover
agents and detectives with accounting
training have been enlisted in a stepped-up
effort against white-collar crime, proposals
aimed at protecting personal privacy
threaten to thwart those efforts, Federal
Bureau of Investigation Director William
Webster told a committee on lawyers in
government during the American Bar
Association's annual meeting.
Financial institutions which cooperated
with investigations in the past by opening
their files to agents have " drawn back"
their assistance recently in fear of violating
privacy protections, Webster related.
"There has been a carryover of fear con­cerning
individual privacy from govern­ment
record-keeping institutions to private
industry," Webster said. "We have to
strike a reasonable balance between per­sonal
privacy and the need of law enforce­ment
agencies to investigate and prosecute
white collar crime.''
Proposals to limit the use and transfer of
financial information from one institution
to another also threaten white-collar crime
investigation efforts which Webster has
made an agency priority, he said. About
770 agents backgrounded in accounting
have been assigned to investigate
frauc:!ulent financial practices in govern­ment
and private institutions, according to
Webster. Those men represent 17 percent
of the FBI's field manpower, he related.
"We're willing to be accountable for
what we do in delving into areas considered
private but it has come to a question of
how much damage is being done to the
system as a whole by limiting our access,"
Webster commented. "We ought to ask
ourselves if we're extending the Marquis of
Queensberry rules to those 'who cheat and
steal."
"Much of this proposed privacy legisla­tion
represents unnecessary and irrelevant
encroachment on the efforts of law en­forcement
agencies to investigate and pro­secute,"
he concluded.
Armstrong Comments on Quinlan Case
NEW YORK/ ABA- The case of Karen
Ann Quinlan challenged the American
public "to reach a deeper understanding of
the sacredness of human life," said the
lawyer who argued for court permission to
"pull the plug" on the woman's life-sup­port
medical systems.
Paul Armstrong of Bedminster, N.J.,
told members of the American Bar
Association during their annual meeting,
that the 1976 ruling by the New Jersey
Supreme Court allowing withdrawal of
those systems "vindicated the love, faith
and courage of her father, mother, ·bro­ther
and sister," Miss Quinlan, age 22
when the court granted her parents final
authority to decide whether artificial
respirators should be withdrawn, remains
in an irreversible coma, medically describ­ed
as a "persistent vegetative state," said
Armstrong.
While Miss Quinlan has periods of ap­parent
wakefulness and sleep, moves her
head, opens her mouth, blinks and
grimaces, she has no awareness of herself
or surroundings, Armstrong said. He con­tinues
to represent her and her family in all
legal matters.
The state high court permitted Mr. and
Mrs. Joseph Quinlan to withdraw their
daughter's life-support systems on privacy
grounds, rooted in the First Amendment to
the Constitution, Armstrong commented.
In an interview after his speech, he said,
many of the same issues are present in a
case currently pending in New York in a
civil suit against a doctor for destruction of
a "test tube" embryo.
Complex technical or medical questions,
which are present in both cases, are not
beyond the competence of the courts and
legislatures, and are not examples of
leaders ''playing God,'' said Armstrong.
But resolution of such cases may become
even more complex with the addition of
political considerations. One factor that he
said will increase that potential is the move­ment
for a government program of na­tional
health insurance.
"Insurance is a method of funding"
such expenses as medical care, and imposes
another decision-making layer in deciding
what care will be given, said Armstrong.
"It is conceivable that the individual and
his wishes will be lost," he said. But Arm­strong
predicted that the courts will not
permit "that type of dictation" to prevail
in a "clash with individual rights." 1- ---------------------I I WELCOME I I I
1 BACK 1
I I
II Whether you're an old friend or a new friend we haven't met, you'll 1
enjoy the pleasant atmosphere at Masterson's. I I We're just a few minutes walk from U of L's School of Law and we 1
invite you for cocktails and dining with us. 1 I Law students and faculty presenting this ad and a U of L ID are en- I I titled to a 50% DISCOUNT with the purchase of their first two drinks. I
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1l Louisville Law Examiner, September 12, 1978
MICHIE ;: ~ 71
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Bobbs-Merrill publishes the Official Edition of the
Kentucky Revised Statutes which is professionally
presented in 20 permanently bound volumes reflecting
the highest standards and tradition of law book
publishing.
Its extensive and easy to use annotations, which are
read by the judges, were written by experienced lawyer­editors
who carefully checked every statute to insure
that all cases which have cited, applied or construed
that statute are annotated under the text of the statute.
Any student who will practice law in the state of Ken­.
tucky may have the entire set for no more than ten
dollars per month with no interest or carrying charge.
Similar terms are available for all attorneys.
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Sales Representative
821 Skylark Drive
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j
CALENDAR OF EVENTS
Sept. 15, 16 Continuing Legal Eoucation: Current Problems Facing the Legal
Profession. Masterson's Restaurant, Louisville, Kentucky. (Annual
District Bar Banquet held in connection with this seminar.)
Sept. 22, 23 Continuing Legal Education: Trial Practice and Procedure. College of
Law, University of Kentucky.
Sept. 29, 30 Continuing Legal Education: Trial Tactics, Strategy and Advocacy.
Holiday Inn, Mayfield, Kentucky. (Sponsored by University of
Louisville and Murray State University.)
Oct. 3 Address by George Atkins, Auditor of Public Accounts in Kentucky
and candidate for governor. At noon in the Allen Courtroom, School
of Law, University of Louisville. Sponsored by the Law Forum.
Oct. 18 Career Night. School of Law, University of Louisville, 6:50p.m. to
8:00p.m.
Oct. 20, 21 Continuing Legal Education: Mineral Law. College of Law, University
of Kentucky.
Oct. 27, 28 Continuing Legal Education: Practicing Disabilities Law, with emphasis
on Rights of Handicapped Persons as to Schooling, Employment,
Treatment and Benefits. Masterson's Restaurant, Louisville,
Kentucky.
Louisville Law Examiner
School of Law
University of Louisville
Louisville, Kentucky 40208
Address Correction Requested
Chief Justice of the Uuited States Warren E. Burger, left, and Supreme Court Associate Jusdce Lewis F. Powell, Jr., center, greeted
England's Lord Chief Justice Widgery at the ABA Centennial Meeting in New York last month. The three justices were present at a
ceremony to unveil a plaque commemorating the first co11.vening of the United States Supreme Court in 1790. See ABA convention story
onpage6.
Volume 4, Number 1
September 12, 1978