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Louisville Law Examiner Serving The University of Louisville School of Law Community Volume 4 Number 2 Louisville, Kentucky, October 3, 1978 Circulation 3800 Kentucky Experiments with Law-Related Education by Valerie Salven \l ith encouragement from individual lawyers as well as state and local bar associations, Kentucky educators are taking a clo e look at a relatively new approach to social studies programming in the public schools this year. This new approach is usually referred to by the broad label of "law-related education," and has earned increasingly widespread acceptance and popularity throughout the United States in the pa t few years. Law-related education attracted the support of the American Bar Association in 1971 when the Special Committee. on Youth Education for Citizenship (YEFC) was formed "to foster and further high quality program for the teaching of the legal processes in America's primary and secondary schools." A 1975 report published by the YEFC on law-related education in America explained that "Law-related education seeks to improve the citizenship skills and attitudes of American youngsters by providing them with an understanding of law, the legal process and the legal system." Isidore Starr, an attorney and retired educator who is now a consultant on lawrelated education, has explained the purpose of law-related education courses as being to "teach students to cope properly with the problems of society'' and to understand basic law-related concepts that affect them daily - such as what an installment contract means, what is the role of police and the courts. The proponents of law-related education are quick to point out that the goal of such instruction is not to produce lawyers, although some students may become more interested in pursuing legal studies as a result of the courses. The YEFC emphasizes that law-related education projects - which often involve students in role-playing and mock trials - help students to develop analytical abilities, learn how to structure a persuasive argument, and gain skill in gathering evidence to support a point. The YEFC report quotes poet/lawyer Archibald MacLeish, who said, "What law tries to do is impose on the disorder of experience the kind of order which enables us to live with the disorder of experience." teacher said, when they actually observed a legislative session. The teacher had to explain to the class later why certain behavior is unacceptable in a classroom when legislators had been observed propping their feet up on desks and blowing bubblegum bubbles. Despite such experiences, many teachers shared favorable comments about attempts to bring law-related education into their classes. Increase zn Hours for Graduation Recommended A statewide awareness conference on lawrelated education in Kentucky was held on June 26 and 27, 1978, on the Eastern Kentucky University campus in Richmond, Kentucky. There were 118 persons who registered for the conference, and this number included teachers, college and law school students, lawyers, judges, law enforcement officials, and others interested in the topic of law-related education in Kentucky public schools. The conference was organized primarily through the efforts of the social studies consultant on program development for the Kentucky Department of Education, Helen Worthington. One well-attended workshop dealt with a program which uses the label "street law" to describe its subject matter. The "street law" program was begun under a project at Georgetown University in which law students taught law-related courses in District of Columbia public high schools, juvenile and adult correctional institutions, and in community-based programs. The program is now six years old and is run by the National Street Law Institute, which has published a textbook on street law for use in high school classes. The "Street Law" textbook defines "street law" as law that can be of practical use to people in their everyday lives, law that has practical application "on the streets." The introduction to the "street law" text also cautions the reader that "sometimes a person will need a lawyer to handle the problem (for example, the seller will not let the consumer out of an unfair contract). Throughout the course it is hoped that you will be able to recognize when a lawyer is needed and know how to go about getting one." The textbook includes sections on consumer law, criminal law, housing law and family law. b} haun E po ito "The ommittee voted to recommend to the full facult~ that the number of credit hour required for graduation be extended from the pre ent 84 to 90 hours, effective Jan. I, 1979." On September 8, 1978 the Curriculum Committee of the Law School approved the above statement ' hich is contained in the minutes of that meeting. Tho e contemplating graduation will be happy to know that this requirement, if pas ed by the faculty, will not apply to students currently enrolled, according to committee chairman Professor Ralph S. Petrilli. The recommendation apparently passed with little discussion or opposition. Assistant Professor Ronald W. Eades, another committee member, said that he "doesn't re all extensive discussion" on the matter. The idea had been discussed in the past in the School of Law on numerous occasions according to Prof. Petrilli. Extensive discus ion at the meeting was therefore not neces ary, he said. The only question discussed at length, and hich till remains to be resolved, concern notice to those entering after Jan. l, 1979. Prof. Petrilli indicated that Mrs. dah Lovesee, Admissions Officer, will "ink in" the new requirements in any catalogs sent to potential students if the full faculty approves the recommendation. Mrs. Lovesee added that upon approval the recommendation will become effective either in the Fall of 1979 or Jan. 1980 for transfer students. The question of when the requirement becomes effective will have to be resolved at a faculty meeting. Most of those interviewed agreed that the change in the number of hours required for graduation is the result of the growing complexity of the law. Steven Berg, a student representative to the Curriculum Committee explained that since additional courses were recently approved by the Bar Examiners for inclusion on the 1980 Bar Exams, a student will need to take 84 hours just to be prepared for the Bar. Prof. Eades stated that because the law is becoming much more complex "84 hours doesn't begin to give a student enough time to take all he needs." Increasing the graduation req_uirement to 90 hours seemed to be the best way to deal with growing curriculum requirements, he said. Prof. Petrilli noted that many other law schools already require 90 hours for graduation and many more are contemplating similar moves. ''There is increasing con-cern throughout the country that the law students need a small amount of additional training," Prof. Petrilli said. All of those interviewed believed that the decision to increase the requirement is a good one. Steven Berg felt that it is " not a bad move and probably needed." The extra hours could be a "valuable part of the preparation to b om a Ia \'Y r." It main drawback, Mr. Berg said, is that it will be very difficult for students to graduate in less than three years. Those who graduate in the normal three years probably will not feel an added burden, he said. As a final note Prof. Petrilli added that "if there are any unknown objections" to the recommendation students can channel their comments through student representatives. Student representatives to the Curriculum Committee are second-year student Tippy Richmond and third-year student Steven Berg. During one part of the conference, participants were given a chance to attend two work hop out of 10 Y.hich ere offered concurrently, and teaching strategies as well as potential problems with law-related programs were discussed. At one workshop on legislative lobbying, participants discussed plans for instructing pupils in the lobbying process with a lobbyist for the Kentucky Medical Association and a former state legislator. One teacher noted that her civics class had been excited about learning about how a bill becomes law and looked forward to a visit to Frankfort while the legislature was in session. However, the students' enthusiasm was dampened, the One feature of the Georgetown street law program that has gained widespread attention is the use of mock trials to teach students about the legal system, with the students taking on roles as witnesses, lawyers, jurors, and so on. The institute sponsors a city-wide mock trial competition for the District of Columbia in which a local judge (Continued on page 7) "I believe tripe should be read with the speed of light and, let us say, Toynbee's 'A Study of History' with tortoise deliberation. And most books are nearer to tripe than to Toynbee.''-FADIMAN, Clifton, as quoted in the article by Lawrence Galton, ''2,000 W.P.M. -But is it Reading?" in New York Times Magazine, August 27, 1961, p. 66. l Louisville Law Examiner, October 3, 1978 Editorial "The situation- spacewise-has grown so desperate that I'm almost willing to go to a tent in Bullitt County," moaned Prof. James Merritt in November, 1970, while he was serving as dean of the School of Law. Space problems have continued since that time, only temporarily abated by the addition of the new wing in 1974. Now, the law school's accreditation is threatened by the lack of space. An inspection team from the American Bar Association is due in October, and a large tent has appeared on campus near the law school. Coincidence, or did Prof. Merritt foresee the plans for new facilities? Rule Limiting Outside Employment Receives Excessive Emphasis may lie and still be allowed to work as much as they wish, the heat comes only if they tell the truth. If the law school administration spends its time policing this area what other, more valuable, areas are left neglected? Finally, what if someone says that he is not working more than 15 hours per week when he is in fact, and the administration is aware of the violation? There are some circumstances that lead us to believe that the violation may be toler" Come along and sing a song and join ated on the basis of who the guilty party is. our jamboree . . La yer may rna ·e their Jj, ing b) interpreung or arguing "the rule , " but bureaucracy? Well, it sub ists on the rule themselves. This year the law school administration seems to be emphasizing the importance of one rule above all others, its prohibition against day students being gainfully employed for more than 15 hours per week. Lest we hear from someone who wants to point out that this is a ABA requirement imposed on those fortunate enough to be accredited, we would like to note that the ABA sets minimum standards for accrediting Jaw schools. It doesn't write our law school catalogue (would that it did) nor does it dictate enforcement mechanisms. There are situations in which some Jaw schools have departed from these standards, either to exceed or to minimize, because they see fit to do so. ABA pronouncements, although they come from Olympus, do not dictate that law schools adopt or codify their every breath in a faculty resolution or law school policy in order to retain accreditation. The 15-hour rule depends on a homogeneous student body for its working logic. No such adjective is applicable to the student body of this law school or any other. Some people truly cannot work more than 15 hours per week and get a good legal education. Others can raise families, work, be active in student activities, and still make the Dean's list for six consecutive semesters. Still others_ need to have an interesting job at least a couple of days a week just in order to be able to stomach the narrowing process of legal education. Working also provides the one truly essential catalyst for legal education, money. It is well established that the financial aid available to law students at U of L is inadequate. Saying that people who can't afford to go to school full-time should go to night school is the equivalent of saying, "Let them eat cake." Most "first-years" arrive here after at least 16 year of formal education. For the mo 1 pan their undergraduate in titution and htgh chool did not have an) rules a to ho\\ many hour they could work per week. Being committed to the precept that "bureaucratic ineptitude is the basis of all human freedom," we believe that this is probably just an oversight at the lower levels. But, why does it receive such emphasis in a law school? Rules like this one are noxious, but not inflammatory in their passive state. Thi one is no longer passive. Some students registering this fall were either honest or misguided enough to admit that they were working more than 15 hours per week. Others did not fill in the blank on the registration card that said how many hours they were working. They all received letters from the associate deans shortly after registration. The letters, relying jointly on the rules of the law school and the ABA for their authority, informed the offenders that they " ... appear(ed) to have registered in violation of these rules.'' The letters gave the offenders a deadline by which they were to submit a signed statement that they would not work in excess of 15 hours in any week. Failure to do so would result in the cancellation of registration. According to the law school catalogue, failure to report or dishonest reporting of employment may result in exclusion from the law school. So far they've caught all the honest people. The administration has now guaranteed that some day students who are working more than 15 hours per week aren't going to tell anyone. They may even lie about it if asked. Possibly they need the money. Possibly they just don't think it's any of the law school's damn business how much they work. There are still a few people who don't recognize the law school as being in loco parentis. Now, what about those who were less than candid? They can be ignored or their averments an be checked by simply calling their employer for verification. At what point the inquiry becomes an in asion of privacy - when the que tion is a ked or when it is answered - is academic. We do not anticipate any professional policing agency actively checking on these people when they're practicing law. No one will call up their clients and say, "Are you sure that Lawyer Y isn't breaking the rules in some way?" The implication of such police activities is that the subject of the call is already suspect in some way. This type of tactic has no place in any profession . The inanity of this entire escapade is that it neither helps nor protects anyone. People What we are dealing with is a ridiculous rule which is made even more ludicrous by the fact that it is unenforceable, short of a major police action by the administration. If this law school is to suddenly acquire a fetishist's reputation for meeting ABA standards, perhaps there are other, more beneficial, areas in which to expend our energies. Isn't there a rule in there somewhere that says that full time faculty members should be just that, rather than being heavily involved in private practice or spending very few hours in their offices? Maybe the administration will enforce this rule next. You will, won't you? Louisville Law Examiner EDITORIAL BOARD Valerie L.Salven, Co-Editor-in-Chief Susan Turner Barnett, Co-Editor-in-Chief Phillip R. Warf, Associate Editor Ginny Hamm, Business Manager Greg Y opp, City Editor Bruce Dudley, Brandeis Brief Editor Jerome A. Mirabito, Executive Editor Pat Chism, Photographer Jerry Adair Frank Burnette Judge MARLIN M. VOLZ, Advisor STAFF Shaun Esposito Kenneth W. Golliher Shelby Lee Schuyler Olt Charles R. Walden Elizabeth Ward Sherry Wilt man Professor ALBERT T. QUICK, Consultant The Louisville Law Examiner is published eight times during the academic year in the interest of the University of Louisville School of Law community. Unsigned editorial opinions are those representing a majority vote of the editorial board and do not necessarily express the views of the School of Law or the University 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 is to avoid duplication of coverage and insure that the article will not be beyond workable length for a newspaper format. Address all communications to the Louisville Law Examiner, School of Law, University of Louisville, Louisville, Kentucky 40208. Phone 502-588-6399. Louisville Law Examiner, October 3, 1978 3 Law and Theology Degrees Available at U of L by Elizabeth Ward A dual degree program is available to all law tudents at U of L and seminary students at Presbyterian Theological Seminary. The two schools have arranged that a dual competency can be earned through a rigorou concurrent enrollment plan. The candidate for this dual degree must be separately admitted to each school fol lowing exactly the same procedures as single degree candidates. Generally the procedure is as follows: the student enrolls at the seminary for his first year; in the fall of that year he applies to U of L Law School, takes the LSA T, and gains admission through the usual methods. His second and third years are spent at the law school condensing the three years into two years and two summers. His fmal year is spent back at seminary. Thus, he is able to earn special certificate of his dual competency in four years as opposed to six years. If he needs an extension of time to complete his cour es, as much as one year can be added. The seminary accepts 27 credits from the law school toward the seminary degree. However, the law school cannot accept any eminary credits due to strict regulation by the ABA in the supervision required over activities of studies away from the law school, according to Associate Dean Steven R. Smith. V hy would anyone want a dual competency in the ministry and the law? Dean Gray on Tucker at Presbyterian said the program aro e as a re ult of the growing awarene in the late 60's of the Church' need to deal with social issues and recognition of the need of low income areas for legal advice. Initially it was hoped that group of churches would emplo) a oun el m ommon, if unable to retain a full-time lawyer. The dual competency seemed a natural olution to a church's need for both a pastor and a lawyer. The program was created to accommodate this need. Doe the dual competency program meet this expectation? Unfortunately, no. Only five per ons have completed the program since its availability in 1970. Presently only two students are enrolled . Some stu-dents have pursued the two degrees independently and others have failed to complete the last year of seminary. Of the five students who have completed the program, one is using theology fulltime, three are practicing law fulltime, and only has combined the two degrees for pay. The church has assumed a sideline role, usually on a volunteer basis. Only Gary Gall, now located in St. Louis, has found a position which combines his dual degree into a fulltime position. Dick Dolan, Rick Wyatt, and Mark Robinson practice law fulltime in the metropolitan area. Mr. Robinson at one time was an assistant pastor and educational director for a local church. Donna Morton-Stout, director of the Ecumenical Center, is technically not a graduate of the dual competency program since she had finished her law degree before she enrolled in the seminary. However, she was able to apply the 27 hours of law credits to her seminary degree. The deficiencies of the dual competency program involve the necessity of the candidate to make his own job. Steve Cross, presently enrolled in the program, says that although generalized benefits are espoused, no direct positions are available anywhere. The student must have a place in mind before he gets into the program. Students should not enroll in the program expecting a guarantee of a position. But Mr. Cross says the dual competency does increase the arena of job potential to exciting proportions for a candidate who already has a strong, combined interest in law and ethics. Although a program is available at U of L for a dual competency in law and theology, the pra tical opportunities pre ented upon its completion are quite limited. Only students with definite plans or a definite position in mind should even apply. However, if you are interested, more information about the program can be obtained from Dean Smith at the School of Law, Dean Tucker at the seminary, or Ms. Ada Lovesee in Admissions Office of the School of Law. "The mutual confidence on which all else depends can be maintained only by an open mind and a brave reliance on free discussion." -Learned Hand Let us know your point of view. Letter to the editor hould be typed and igned. The editor re erve the right to edit letters for space considerations and for clarity. Journal of Family Law Volume Sixteen, Number Four featuring: • "The Tender Years Doctrine: Survey and Analysis" by Cathy J. Jones • Federal Income Tax Consequences of Divorce and Separation • Indexes Volumes 12-16 Journal of Family Law University of Louisville School of Law Louisville, Kentucky 40208 Please send me the following issues of the Journal: 0 Vol. 16, No.1 ($4) 0 Vol. 16, No.3 ($4) 0 Vol. 16, No.2 ($4) 0 Vol. 16, No.4 ($4) 0 Vol. 16, Nos. 1·4 ($16) Name ____________________________ __ Address --------------------------- City _________ State ___ Zip __ __ ~M]II!fl'~ ... ::--::-::--~- Susan Fisler, a coordinator of the Supreme Court briefs project from the University of Kentucky, listens as Vince Eiden explains some of his research for the project. U of L Briefs Used zn Project Since the 1930's, the University of Louisville School of Law has received copies of briefs submitted to the U.S. Supreme Court free of charge because of a request made by Justice Louis D. Brandeis. This year, the briefs are being put to good use in a project designed to provide some insight into the criteria used by Supreme Court justices in deciding whether to hear a case on certiorari. S. Sidney Ulmer, an alumni professor in the Department of Political Science at the University of Kentucky, has received a grant from the National Science Foundation to cover the costs of a two-year project examining the types of cases which the Supreme Court ha accepted and rejected for review during a 30-year period ending in 1976. Prof. Ulmer explained that in a given term, the Supreme Court may deny review of 4,000 to 5,000 cases and give plenary treatment to only 150 cases. "Most cases are simply dismissed," Prof. Ulmer said, "and the bar is not in any better position than political scientists to guess when the court will accept or reject a case ... the rules don't explain it." Prof. Ulmer said that 20 people are currently at work on the project, including nine University of Louisville law students. The U of L students are being used to work with the Supreme Court briefs because the UK law library does not receive the briefs in letter press form. The students are going through a sampling of all the writs for review that have been submitted to the court during the 30-year period, and are "looking for factors ... that seem to correlate with acceptance or rejection" of a particular case for review, Prof. Ulmer said. One of the factors examined by the project is "the extent to which plaintiff's attorneys are alleging conflict with Supreme Court precedent or circuit court prece- . dent," Prof. Ulmer added. Although the U of L students initially encountered problems with gaining access to the briefs, which are stored in the library attic, on weekends and evenings, a student liaison for the project has been given a key to the attic so that the briefs may be used during hours when the library staff is not present. Assistant Law Librarian Martha Rush said that restrictions on the use of the briefs were necessary because "we lost 20 volumes in a couple of years" before the briefs were locked in the attic. Anyone else who wishes to use the briefs may do so by contacting a member of the libraty staff during regular library hours, she said. MICHIE~ BOBBS-MERRILL 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 Kentucky 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. Jim Schultz Sales Representative 821 Skylark Drive Louisville, Kentucky 40223 (502) 583·8874 or 425·0834 4 ·Louisville Law Examiner, October 3, 1978 Professor#Volz Continues Service to School, Community by Susan Barnett "One of my attributes is an inability to say 'No,' and that's led to some interesting adventures you might say." This modest statement by Professor Marlin M. Volz in a recent interview was hardly an appropriate prelude to the story of his outstanding career in legal education and his contributions to legal scholarship. Prof. Volz is generally recognized at the U of L School of Law as a pleasant and congenial man, willing to help students in whatever way he can. What many students may not realize is the impact that he has had in establishing and maintaining numerous programs of benefit to the students, the law school, and the legal community as a whole. He's an exceptionally hard-working man, and he has had some fascinating experiences. Prof. Volz came to the School of Law as dean in 1958, succeeding Prof. William B. Peden who had been acting dean since the resignation of Dean A.C: Russell the previous year. He was experienced for the job, having served in administrative capacities at three different law schools. Having received hiS B.A., LL.B. and S.J .D. degrees from the University of Wisconsin, Prof. Volz joined the Wisconsin Law School faculty in 1941. During World War II he served as an attorney for the War Production Board in Washington, D.C., and as an enlisted man in an infantry training camp. He returned to the Wisconsin faculty following the war, and he remained there until 1950. During his last two years there, he served as an assistant to the dean. Prof. V olz left Wisconsin to become dean of the University of Kansas City School of Law. During his eight-year tenure there, that law school increased its admission requirements, raised its graduation requirement, established a graduate program leading to the LL.M., expanded and modernized its curriculum, began a legal aid clinic, instituted a nationallyrecognized legal education program, and pioneered work in the production of visual aids in law teaching. From Kansas City, he carne to Louisville. While at Kansas City, Prof. Volz enjoyed what must be a unique honor - he was dean of two law schools at one time. Prof. Volz explained it this way: "I was invited to work with the law school in Puerto Rico. I think I was invited in part because I was the dean of the (Kansas City) law school, but secondly because President Truman was an alumnus of our law school and Cap (J .A.) Krug was my brother-in-law. Of course, President Truman was President of the United States and my brother-in-law was Secretary of the Interior when Puerto Rico gained its commonwealth status, so they were the two Puerto Rican heroes of the time. I know when I went down to Puerto Rico to teach law and otherwise in the summers, I would generally be introduced as Marlin Volz, the dean of President Truman's law school and the brother-in-law of Cap Krug! "Anyway, I was made dean of San Juan School of Law and I served, I guess, for two or three years in that capacity. I would go down periodically, but mostly I'd handle the deanship through the mail. I'd handle admissions and would go down there about once every semester and hold a rather long faculty meeting to get everything organized." When he arrived at U of L as dean, Prof. Volz found student enrollment in the day and night divisions totalled about 200 students; there were about I 0 full-time faculty members and one and one-half secretaries. In November 1954, Prof. Volz discussed his objectives in the Louisville Lawyer. He wrote: "The law school recognizes its responsibilities and opportunities as an urban law school. It believes it has a three-fold mission: first to train competent lawyers; secondly, to inculcate in each graduate a fervent desire for a lifetime of learning and to provide the opportunities therefor, and thirdly, to lead in the improvement of law and the administration of justice by encouraging and sponsoring scholarly research and investigation.'' Prof. Volz set out as dean to help the law school carry out this mission. In 1960, the law school announced publication of its first national law review, the Journal of Family Law. Prof. Volz remembers that the establishment of the journal was in response to a need expressed by the Association of American Law Schools; on his suggestion the faculty decided that it would be a fine project for U of L. The next year the law school received a grant of $25,000 from the Ford Foundation to establish a three-year program of seminars in family law, a program acclaimed by students. From this developed the Family Law Center in 1963. Also in 1963, the Local Government Law Center was established and funded by the university, the city of Louisville, and Jefferson County. Additional faculty members were employed to teach courses in municipal law, conduct workshops for local government officials and draft legislation~ During his seven years as dean, Prof. Volz also saw the faculty exchange program with the University of Leeds in England initiated, with the first visiting professor being Philip James, an authority on torts. The Continuing Legal Education program was begun and an Alumni Foundation was established. The first career day and the first Brandeis Lecture were held. Student participation in the Legal Aid Society was encouraged, and a number of research grants and scholarship funds were set up. groups, particularly those concerned with juvenile delinquency, youth problems and corrections. He was the first chairman of the Human Relations Commission in Louisville during the demonstrations in the 1960's in the city at the time of the passage of an effective public accommodations ordinance, one of the first such ordinances passed in the United States. Continued improvement in human relations and the importance to the community of a good educational system were key points in Prof. Volz' campaign. Louisville Mayor William Stansbury was his running mate for Jefferson County judge. Prof. Volz lost the election after a close race, and he returned to the faculty of the law school. He said, "Really, I think the voters kept me out of a lot of trouble by the way the vote turned out." When asked whether he would consider another political race, perhaps again for mayor, Prof. Volz said, "Certainly, so long as the voters will guarantee me the same results as they gave me the last time." The only entry into the political arena for Prof. Volz since his mayoral candidacy resulted from Jefferson County Judge Todd Hollenbach's appointment of him as county judge pro tern in 1969. In that parttime position he presided over the eight commissioners on Probate Court and served as a liaison between the university ·and county government, as well as standing in for the county judge in his absence. At that time at least two dozen former students of Prof. Volz, including Hollenbach, occupied administrative or judicial positions in city-county government. Apparently Prof. Volz impressed upon his students his regard for public service, and they must have agreed with him. "A good lawyer," Prof. Volz explained in an interview with a Courier-Journal reporter at that time, "ought to have a broad interest in rendering service to the public. And he ought to make himself available for public office when the occasion demands.'' Today, as a faculty member, Prof. Volz continues to support activities which were important to him while he was dean. In 1970, he was designated director of Law Alumni Relations and director of Continuing Legal Education by the board of trustees of the university, positions which he has maintained. Shortly after that he was appointed chairman of the Louisville Bar Association's Continuing Legal Educa- Asked about his unsuccessful bid for the mayor's seat, Prof. Volz said, "Really I think the voters kept me out of a lot of trouble by the way the vote turned out." As dean, Prof. Volz was also instrumental in developing the Juris · Doctorate program which was designed to stress the practical aspects of a legal education. Plans for building expansion were considered during his tenure, although Prof. Volz says that he did not have to bear the burden of meeting the expansion to the extent that his successors have had to because the enrollment while he was dean remained on a plateau. Prof. Volz prefers a faculty role rather than an administrative role in the law school, but he says of his term as dean, "It was a rather happy situation. We've always had good morale on the faculty - no divisions, no splits, not much dissension. Certainly vigorous debate and split votes, but everybody is agreeable with each other, and that was certainly the case the seven and one-half years I was dean.'' On May I, 1965, Prof. Volz resigned his post as dean to run for mayor of Louisville on the Democratic ticket. Although he had never held public office, he agreed to oppose Republic Kenneth A. Schmied if asked to do so by the party executive com-tion committee. He continues to be involved extensively with the placement office, more so than any other faculty member outside the dean's office. He serves on a number of faculty committees and is advisor to student organizations. Prof. Volz is also active in the organized bar associations, both national and state. He serves on three committees of the Kentucky Bar Association, the Continuing Legal Education committee, the Legal Assistants committee, of which he is chairman of a subcommittee to draft a code of ethics for legal assistants, and the Probate Laws committee, of which he is currently chairman. Of course, these interests are in addition to his writing. To the majority of students, for whom writing a seminar paper or a moot court brief is a monumental task, the accomplishments of Prof. Volz, once called West Publishing Company's most prolific writer, are phenomenal. .. _mittee. Prof. Voi~ speaks at the ~edic:-tion cere'!'OIIies of. tile~ oh~ M. Harlan Conference Room in Prof. Volz had held numerous positions 1976. Behmd Prof. Volz 1s Byron R. Wh1te, associate JUStice of the U.S. Supreme Court. on government committees and advisory Prof. Volz' writing career began in 1946, while he was at the University of Wisconsin, in response to the request of students for copies of his extensive notes of meetings of the Embryo Lawyers Club, a student group which met weekly to discuss handling legal matters such as probating estates, drafting deeds and mortgages, and e. amining ab tra ts of title. He compiled hi note , checked citation and expanded his material through "telephone research" with practicing attorneys. The result was a 200-page book which became known as the "Bible" at Wi n P bli m_ ompan} liked the "Bible" and it \\a expanded to become a I 000-page desk manual for routine matters, Wisconsin Practice Methods. Using the Wisconsin text as a guide, Prof. Volz then assisted in the preparation of similar manual for Iowa, Kansas and Mis ouri. an outgrowth of the e manual , in 1954 Prof. olz organized, as general editor, a staff of 25 federal practice experts to write the three-volume set, West's Federal Practice Manual. The first edition was published in 1960, and was soon expanded to even volumes. Prof. Volz still serve a general editor and principal author. ithin the next few month , the et will be expanded to II olume . He now ha a taff at the law school to assi t him with thi work. Prof. Volz was at o responsible for a 250-page pamphlet for the American Law Institute on drafting partnership agreements, which is now in its seventh edition. In collaboration with two Wisconsin education professors, he ha authored a book on school law, now in its econd edition. With the assistance of Assistant Professor Linda Ewald, Prof. Volz has recently completed a manual for probate practice in Kentucky, which is being published by Banks-Baldwin and should be released soon. The book is geared to practice in the new district court systems. Prof. Volz is also presently rewriting work they have done on the small claims division. Currently, Prof. Volz and Prof. Ewald are continuing their efforts to improve their civil procedure text, which is used in the day division first-year class. Prof. Volz hopes to clear his schedule enough in the future to be able to do further work on this text, perhaps incorporating more of a problem approach, with an eye to publishing it someday. He is also involved in the preparation of a four-volume set on federal taxation problems and the pocket parts for his manuals. Since Prof:' Volz is only involved in teaching, working wit)1 the various organizations and committees, and writing, he 'Louisville Law Examiner; October 3, 1978 5 spends his free time in labor arbitration. He got into this area somewhat accidentally while he was in Kansas City. An arbitrator for a case called in sick and recommended that Prof. Volz take his place. He r i on-th -job training, and a a r uh of thi experience he continued his work in the field, expanding his practice to the point that he now has to limit the cases that he takes, since the offers he receives exceed the time he has available. One of his most interesting positions is as arbitrator for the ational Football League. He al o arbitrate for the Detroit new paper , the hoe and gla industrie , and the Tenne ee Valle Authority. He recently was involved in the ettlement of the ew Albany, Indiana, police dispute. For relaxation, Prof. olz pends five weeks a year at his home in Wisconsin where, besides writing, he and his wife enjoy family reunion and hiking in the woods. He a! o play golf - nine holes a year. Of hi golf game, Prof. Volz said, "l have a perfect game. That is, it's not good enough for me to want to go back out right away, but it's not bad enough that I want to throw away my daughter-in-law's clubs\\ hich he loaned me." As to the future, Prof. Volz plans to continue doing ju t what he is doing now. In order that he can continue to update his ever-increasing volumes of law books, he thinks it may be neces ary for him to further limit his arbitration activities, possibly concentrating on work in the public ector and in education. He foresees few changes in his faculty role, except that he would like to see an increased emphasis on district court practice since he considers that to be the most important court. In the manner of a good lawyer, teacher and author, Prof. Volz summarized, "I've had a rather interesting life really, I think brought about largely bequse of having this inability to say 'No.' Not saying 'No' got me to run for mayor ... to run down to Puerto Rico about seven times to teach law .. . to be chairman of the Human Relations Commission in Louisville, and just all sorts of these outside things. "I've viewed life as an adventure made up of experiences. The more experiences you have, the bigger the adventure." We at the law school and in the legal community are grateful that Prof. Volz has just that view of life. Amidst his office, filled with reference works, Prof. Volz and Judge Tom Merrill exchange stories of their days behind the bench. ON THE COVER ... Prof. Volz took time from his law book writing to serve as catcher for the faculty team in a game with graduating seniors last May. Despite his efforts, the faculty lost. Slim Turnout for Election In an election notable for its meager turnout, stud nt at the law hool re ently selected officers and class representatives to the Student Bar Association (SBA). In the election held Sept. 12, these class representatives were elected in the day division: Sharon Conyers and Greg Fifer for the first-year class; Lisa Lindeman and Camille King for the second-year class (in a run-off); and Lee Hoefling for the thirdyear class. In the night division, Mimi Jolicoeur was elected to represent the first-year class, Kent Sublett to represent the third-year class, and Ste e Yader to represent the fourth-year clas . David Payne was elected secretary of the organization, and Phil Resch was elected night vice-president. These positions were vacant due to transfers of students elected to these offices last spring. In order to fill vacancies still remaining after the elections, the SBA executive committee appointed Jerry Mirabito to represent the third-year day division and Keith Runyon to represent the second-year night division. The poor voter turnout was exemplified by the fact that there were only three votes cast in the night division. As a result of the voter response to the elections, conflict has developed between the Honor Council and the SBA as to where the responsibility for publicizing and carrying out the elections should fall. In the past, the Honor Council has administered the elections. An amendment to the SBA constitution is contemplated to clarify these issues and to create a workable solution to problems encountered recently, according to SBA President Steve Arnett. WOULD ANYONE LIKE A KITTEN: PART TWO-There are still three homeless, nine-week-old kitties living under the law school annex. One is a lively yellow male and the other two are grey and white and of undetermined sex. Please help the kittens, and their mamma, find a home before cold weather sets in. Phi Alpha Delta Law Fraternity ''Good Luck Party'' Friday, October 13 8:00p.m. At 2238 Village Drive Louisville All interested students, faculty and alumni welcome. 6 Louisville Law Examiner, October 3, 1978 Law Professor Argues Two Cases Before U. S. Supreme Court by Shelby Lee When the family of J. Vincent Aprile II, gathered at the United States Supreme Court in ovember 1977, it was expected that Aprile's appearance in oral argument for Bordenkircher v. Hayes, 98 S. Ct. 663 (1978) would be a once-in-a-lifetime opportunity. o one, least of all Aprile, anticipated that within months he would return to present the landmark defense appeal in Taylor v. Commonwealth, 98 S. Ct. 1930 (1978). Aprile, director of the appellate division of the State Public Defender's Office and lecturer at the University of Louisville School of Law, was reversed in Hayes on the issue of vindictive prosecution; that is, whether a state prosecutor violates the Due Process Clause of the Fourteenth Amendment through a threat made during plea negotiations to reindict a defendant on more serious charges if he does not enter a guilty plea on the original charg.e. Hayes, having served six years of his life sentence at Eddyville, is subject to parole considerations in November; however, Aprile remains involved in the constitutional aspects of his case. Currently, he is appealing to the Sixth Circuit the second issue of the case, whether giving a person with two prior felony convictions a mandatory life sentence for the forgery of a $88.30 check, an offense normally covered by a two- to ten-year term of imprisonment, ccnstitutes cruel and unusual punishment under the Eighth Amendment. Taylor successfully challenged fifty year of Kentucky ca e law in e tabli hing that a defendant in a riminal trial i entided, uoon requ t. to ha e the JUT)' mformed of ht con utuuonal right to be presumed innocent unless and until be has been pro,·en guilty by competent evidence ond a reasonable doubt. prile feel that "We won Taylor the wa)· we \\anted to in Taylor. ' Considering the language of Justice Powell's 7-2 majority opinion indicating that due process was violated on the facts to be misleading, Aprile interprets the decision in light of the Kentucky procedure with instructions, when there is no other instruction that does what the presumption of innocence and strong, fair reasonable doubt instructions are to do, there is a denial of due process. There are no "magic words" to be used; however, the jury must be informed in some manner that a man is to be presumed innocent until proven otherwise. Aprile rejects the position represented by Justice Clayton of the Supreme Court of Kentucky and others who assert that Taylor is yet another example of the United States Supreme Court's attempt to impose on the states, through case law, federally-structured rules of criminal procedure. Rather, he believes that the Court is acknowledging that there are minimum constitutional standards to be met and that within that framework the states retain great flexibility in establishing their own procedures. Regarding double jeopardy, for example, Kentucky for years held that jeopardy did not attach when a reversal was achieved through an appeal based on insufficiency of the evidence. It was only a logical application of Supreme Court reasoning, Aprile observes, that determined that if the evidence is insufficient at the trial level, thereby requiring the granting of a motion for a directed verdict, which would preclude retrial, the appellate process should not be free from the protection of double jeopardy. Such does not impose a shroud of national uniformity over criminal procedure but rather insures minimum constitutional protection. Aprile cites the double jeopardy situation also as an example of the manner in which one can "miss important issues by being involved but by not thinking the right way at the right time.'' While serving in the Judge Advocate General's Corps of the Army, he followed military procedure in dismissing the indictment of one whose conviction was reversed by insufficiency of the evidence. Returning to practice in Kentucky with the State Public Defender's Office, Aprile won numerous reversals bas.ed on evidentiary insufficiency but accepted without question the Commonwealth's procedure of subsequent retrial. "Never once did I take one on up to the Supreme Court to say that the remedy is wrong, he is entitled to have the case dismissed on the grounds of double jeopardy. It is very easy to miss important issues.'' Presenting a case to the United States Supreme Court requires not only extensive research but also an element of strategy. Self-admittedly, Aprile is no trained Supreme Court watcher; however, prior to Hayes he spent over a week observing Court procedures from the Lawyers' Section . During this period he was able to discover, for example, that Justice Marshall has the ability to put an attorney at ease through a deceptively simplistic line of questioning, then quake him severely through a final incisive inquiry going to the rudiments of his position. Familiarity with those justices still on the court who have written important opinions on one's position offers support in presenting a case, Aprile notes. In assessing his chances with Hayes, for example, Aprile looked to the fact that Powell had written in the area, giving him an opportunity to tailor his arguments in a manner designed to win his upport; Powell voted with Hayes. However, uch background kno' ledge does not alway a urate!} predi t pre ent attitudes. Potter Stewart had written key decisions on vindictive prosecution; con-equently, he eemed to be omeone not only that Aprile had to get but a! o one whom he had a good change of getting. Yet, tewart \HOle again t him, \\hich carried the Court 5-4 in rejecting Haye ' position. Immediately prior to Taylor, the Court ruled that it is improper for a judge to give over defense counsel's objection the preventive instruction that the jury is not to consider in any way the fact that the defendant did not take the stand. Aprile felt that it was a favorable sign that Justice Stevens in dissent stressed the importance of the presumption of innocence. Stevens, nevertheless, joined with Justice Rehnquist in dissenting to Taylor, a case based on that very point. When asked about Chief Justice Burger's recent charge that over fifty percent of all trial attorneys lack proper skill , Aprile responded that "In many instances the level of representation for criminal defendants is substandard and unacceptable. The system does nothing after law school to stop that from happening. The real problem is that the law has expanded into so many areas that it is virtually impossible to keep up, to be an expert in all fields." Consequently, Aprile feels that it will become necessary to go to a form of certification, perhaps one in which one would be required to keep up in his primary area of practice and be limited to only basic work in other aspects. "It is virtually an art to be a good trial or appellate attorney. To learn those two things and also criminal law, one can't also be an expert in domestic relations, family law, and tax. The big law firms are already demonstrating this through their internal specializations.'' In considering the role of an advocate, Aprile stressed that "not guilty" is a term of art, one that has nothing to do with moral culpability. The accused is entitled to at least one advocate committed fully to his interests as defined by concepts of legal and ethical practices; his interest is to be paramount and "cannot be compromised by considerations of what is best for society." Should the client confess, "I killed my J. VINCENT APRILE II mother, and if I had another mother I'd like to kill her too," counsel must represent him to the fullest extent possible. "If they can't prove him guilty, then there is something wrong with the system. The system should see that exposed and take care of it. It is not my job to be an involved citizen. When the trial is over, I may go out and campaign hard for a change of laws in certain areas or for better procedure," but during representation the client takes precedence. Aprile, who has received state and national attention through participation in training workshops and seminars concerning advocacy, received the B.A. in English from Bellarmine, the J.D. from the University of Louisville, and the LL.M. in Law, Psychiatry, and Criminology from George Wa hington University. At the University of Louisville he conducts eminars in Written Advocacy, focusing on the use of the written document from trial motions to appellate briefs as a tool of advocacy, argumentation and per ua ion, and Criminal Defen e-Theory and Practice, empha-izing the di tinct and unique problems and challenges which confront the criminal defense attorney from ethics to trial tactics. In these he asks, "Don't take my ideas and use them. Rather, realize that the only limitation you have is your own ingenuity." Through such an approach, Aprile hopes to facilitate the transition from the academic context of the law school to the pragmatic practice of law. JAMES P. QUEENAN 2509 Savannah Road Louisville, KY 40222 (502) 425-217 4 THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY II II LCp Law School Career Night Planned for October 18 by Jerry Adair The Law School Placement Service is providing a variety of services this year to aid students and alumni in their search for new and different types of employment. An upcoming event is the Career Night program scheduled for Wednesday, October 18. This program will provide students an opportunity to meet and discuss career possibilities with representatives from various fields of the law. The Placement Service also aids students and graduates by providing a list of available clerking and full time legal positions. Other services offered include counseling in the preparation of resumes and for interviews, providing a permanent filing service of resumes and recommendation letters, and providing a small library of informative pamphlets and booklets. Prospective employers have scheduled on-campus interviews for the year through the Placement Service. The Placement Service also publishes a monthly newsletter, Going Places, providing information on available legal positions. Any alumnus interested in receiving this free newsletter should contact the Placement office. Susan McBeath, of the Placement Service, said that additional help has been employed and they are now in the process of contacting recent alumni in order to compile statistics as to their current employment, salary ratio, and location. This information will be available to the Examiner and all interested persons soon. The National Association for Law Placement has released their report on 1977 law graduates who actively sought employment. The report states that 93.6 percent (or 19,939) of those graduates contacted had found jobs. Fifty-three percent of those employed entered private practice, 16.7 percent were employed in the government, 10.1 percent were employed by business, 8.9 percent found judicial clerkships, 5.3 percent were working in the public interest and indigent field, 3.3 percent found jobs in the academic community, and 1.8 joined the military. The Law in Breadth AMERICAN JURISPRUDENCE 2d - An encyclopedic A-Z text statement of the complete body of law - state and federal, civil and criminal, substantive and procedural. Here you'll find the principles of law plus direct leads to the supporting cases, related annotations, forms, proofs, and trial techniques. Use it as your first search source in office consultations, solving tax problems, trial preparation, brief writing. D authoritative treatises on 431 modern legal topics D cases from all jurisdictions D practice and procedural coverage D Uniform Laws, including the Uniform Commercial Code D federal law - cases and statutes discussed and analyzed D New Topic service. Jane Hop on, one of the creator of THE K . "T . KY J ROR, in peel part of the !ide how. The juror-orientation program, pon ored by the Louisville Bar ociation, i now hown to all local circuit court jury pool . Louisville Law Examiner, October 3, 1978 7 ''Kentucky Juror'' Makes World Premiere byGregYopp It was a world premiere. There wasn't one Hollywood star or even a hint of pushing crowds of fans. Not even limousines and spotlights at the door. Nevertheless, the critics loved it. On September 13, Frank P. Doheny, Jr., president of the Louisville Bar Association presented THE KENTUCKY JUROR to the critics ... the 16 judges of Jefferson Circuit Court. You won't see THE KENTUCKY JUROR in any local theatres because it's not a commercial film. In fact, it's not a film at all but a sophisticated slide show which serves as a jury orientation program for the Jefferson Circuit Court jury pool. THE KE TUCKY JUROR is a two projector 15 minute presentation, complete with recorded narration and musical score. A blend of custom photographs and artwork, the show consists of 160 slides. The entire presentation was funded by the Louisville Bar Association and the special equipment used to show it was funded by the Louisville Bar Association Auxiliary. Since the adoption of the jury pool, judges, local attorneys, and the Louisville Bar Association have considered various type of orientation for jurors. The Louisville Bar ociation, through its Public Information Committee, undertook the task of taking what had been considered and making it reality. The committee established the folJowing goals for the orientation program: • to explain the mechanics of the jury process to the jurors, • to inform jurors of their role in the trial, and • to educate the general public about the importance of jury duty and to explain the duty of all persons involved in the jury system. FolJowing an extensive study of similar presentations from such places as Detroit, ew Jersey, and Virginia, Jane Hopson, Executive Director of the Louisville Bar Association, wrote a first draft of the program's script. "It was a composite of the various other presentations we viewed," she said. "After seeing the others, I knew what I wanted and what I didn't want." The first draft was presented to an informal committee made up of various local attorneys and judges. "We wanted the committee to be a good cross-section. We wanted to insure it (the program) would be straightforward ... to make sure the language wasn't slanted," said Ms. Hopson. After criticizing and revising the script, THE KENTUCKY JUROR was produced by a local production company at a total cost of about $3,000. The $3,000 represents the cost of the original show and two copies. When the Bar Association decided to go with the show, the Executive Committee authorized the expenditure of up to $4,000 for the jury orientation slide program. The orientation program is a fast paced multi-image production. Throughout the show, there are two slides being projected simultaneously, always attracting the viewer's eye. But it's more than a slick production designed to grab attention and hold it for 15 minutes ... it's really an educational experience. The show "explains the responsibility of the juror and what he'll encounter. It essentially tells them how to behave, how to act, and what to expect," said Ms. Hopson. THE KENTUCKY JUROR is presented every other Tuesday when a new jury pool reports. However, Ms. Hopson said it may be possible to schedule some general showings and the Bar Association wants to send it into the community as part of the Association's speakers' bureau. Groups interested in viewing the orientation program should contact Ms. Hopson at the Louisville Bar Association. Kentucky Educators Examine ((Street Law ''Courses ( ontinued from pagt J) selec the ""inner" from the championship team entered b} local hi h hoo taff mem o the 'ational Street La" In titute explain that moe· trial help give the tudents an "in ider' " per pective from which to Jearn courtroom procedures, and that this knowledge will be valuable if the tudent hould be imol ed in a triaL It al o e y or -relat on pt uch authOnt} and fairness, and helps students to obtain "a basic understanding of the legal mechanism through which society chooses to resolve many of its disputes" according to one article written by Institute staff members. At the Kentucky conference, a member of the ationa1 Street Law Institute staff Jed participants through everal basic exercises designed to orient the student to the subject and to help the student realize the "law is there to help" as well as to punish. In one exercise, the leader gave a brief autobiography and told the participants to top him whenever he said something of legal ignificance. He was topped frequently. Hi name i recorded on a birth certificate, a legal document. His age i important in determining legal rights and responsibilities. His address is important for purposes of taxation and census data, participants noted. A highlight of the EKU conference was a dinner session which had as featured speakers John S. Palmore, the Chief Justice of the Kentucky Supreme Court, and Scott M. Matheson, chairman of the ABA 's special committee on Youth Education for Citizenship and governor of Utah. Justice Palmore noted that recent polls had shown that 37 percent of the people in the United States were under the impression that the defendant in a criminal case had the burden to prove innocence, and that many people were opposed to concepts contained in the Bill of Rights when those concepts were stated without attribution to their source. Justice Palmore told the conference participants that "The democratic way of life is a fragile thing. And it is being run by some hundreds of millions of people who haven't had any schooling whatever on what they're doing. To me, that 's absurd. I'm so glad that educators are beginning to wake up, to understand that it's ju t as important for children to Jearn the e fundamental, philosophical things about their government as it is that they Jearn how to brush their teeth and take care of themselves hygienically.'' Governor Matheson told the audience that "citizenship education, helping students gro'' up to be kno\\ ledgeable, active, conerned citizen , i really at the heart of the ba i purpo e of merican education." Governor Mathe on told the audience about an event that happened at a school his child attended to illustrate the way that law-related education could help students get interested in learning: "We became interested in the program several year ago in a junior high chool one of our children was attending. We found out that the social studies program had very little to offer in the way of stimulation or knowledge. We came across a lawrelated education program and they put a pilot program in that junior high school that year, and one of the things that one of the teachers decided to do was to have a mock triaL I was invited to come down and be the judge. We had 50 minute to try the case, instruct the jury, have the jury deliberate, and have the jury reach a verdict. By the time that the 50 minute had elapsed, the case had ju t been completed but the defen e Ja"1er had not had a chan e to addre the JUC). But the teacher of the cia aid, 'v e've got to have a verdict! Becau e it' over. Jury, go over in the corner and come back \ ith a verdict promptly.' And the jury went over in the corner and came back with a verdict promptly. And the defendants were found guilty of stealing a senior citizen's purse. "The next morning, the defense lawyer, who was also in about the fifth grade, was so upset about the way that case had been handled and he thought he had been treated so unfairly that he went up to the teacher and implored the teacher to re-establish the case, let him argue the case to the jury and let them deliberate. And the teacher allowed it, and the jury deliberated and they brought in a verdict of 'not guilty.' The great part of the story is, I had not been a party to the second day's activities. But I was home that night and this smalJ boy called me up and told me, he said, 'Mr. Matheson, I want to tell you what happened.' And he did. He said, 'I knew you would want to know as judge, that a better verdict was arrived at.' Now that's law-related education." Pilot programs on Jaw-related education are being encouraged by the Kentucky Department of Education on a voluntary basi . The programs that are established this year will be evaluated at the end of the year and educators will decide what direction to take with law-related education after that point. Speakers at the EKU conference stressed that the "pilot programs" are not actualJy new course offerings, but rather a new approach to traditional civics and government classes. None of the three law schools in Kentucky are at this point actively involved in law-related education programs in the communities in which they are located, but the Chase Center for Study of Public Law, a non-profit organization associated with the Chase College of Law at Northern Kentucky University, is currently examining the possibility of having law students at Chase work with teachers in the public schools in an attempt to use a "team teaching" format for conducting law-related classes in schools around Covington. Professor Bart Craig, a faculty member at the Chase College of Law, said that an advisory committee would probably determine how to implement this program by the end of the year. Current plans are to either give academic credit or pay law students who participate in the program. The Kentucky Bar Association has approved efforts by the Kentucky State Lawyers' Auxiliary to promote Jaw-related education in Kentucky, according to C' Allen Chauvin, the current president of KSLA. The Auxiliary has planned several activities (Continued on page 8) WOODY'S TAVERN &ALE GARDEN brook & burnett NOTE·~';~ P. . \I"'¥~ wooDY 8 Louisville Law Examiner, October 3, 1978 Laymen's Edition of State Laws Being. Compiled for Kentucky (Continued from page 7) to promote law-related education in Kentucky, Mrs. Chauvin said, that include the following: 1. The KSLA plans to send letters to each of 15 regions in Kentucky in order to identify a KSLA and Kentucky Education Association liaison for each region. 2. KSLA plans to advise parent-teacher associations that the law-related programs are available and that KSLA members can help coordinate the new programs. 3. KSLA plans to contact the state librarians' association to remind them that 40 libraries throughout the state currently have a supplement published by the ABA which lists law-related materials that are available for classroom use. If a teacher wishes to order materials from the ABA publication, Mr . Chauvin said, KSLA will ~ry to get the materials for the teacher if funds cannot be obtained through the school system. 4. In March, KSLA plans to sponsor a booth promoting law-related education at the annual meeting of the Kentucky Educator ' Association. The booth will feature exhibits on law-related education programs, including programs to introduce law-related education into courses such as science and math. "When you study any new development in science - such as test tube babies - then you are running across laws,'' Mrs. Chauvin said. In math courses, she said, teachers could discuss what the responsibilities of having a checkbook are, as well as how to balance a checkbook. "It doe n't anything and it doesn't need a upple-ment - e JU ant tea h to tre tht all the way through," Mr . Chauvin ~d. 5. hopes to make the ornmunity more aware of the availability of such courses by having its members speak to various community groups and clubs about law-related education in Kentucky. KSLA wants to encourage parents, teachers, lawyers and other individuals to become involved in lawrelated education, Mrs. Chauvin said. KSLA has tried to work with the schools on law-related progams in Jefferson County, Mrs. Chauvin said, but so far they feel as though they are "all dressed up with no place to go." The only way in which they have been asked to assist area schools with law-related instruction has been to draw up a directory of Kentucky lawyers who would be willing to speak to public school classes. KSLA is currently working on the directory. A staff trainer for Jefferson County schools, Dale Redford, explained that one reason why Jefferson County schools are not doing more with law-related education at this time is that there is currently a moratorium on any new programs or additions to the curriculum in Jefferson County. Mr. Redford noted that a ninth-grade course called "Youth and the Law" has been taught in Jefferson County for the past four or five years, however, using the "street law" text developed by the National Street Law Institute. There are 55 teachers in Jefferson County currently teaching the course, Mr. Redford added. KSLA is presently recruiting retired lawyers to write a booklet of Kentucky laws, stated in everyday language, patterned after a booklet prepared by the Ohio State Bar on "general and everyday law affecting Ohio citizen . " It is anticipated that this booklet ill be circulated throughout communitie a well a in the public schools, and the Kentucky booklet should be ready for publication in April. Oct. 5 Oct. 13 Oct. 18 Oct. 20 CALENDAR OF EVENTS Louisville Bar Association Luncheon, Rodeway Inn; Recent Developments in Tort Law. Louisville Bar Association Luncheon, Rodeway Inn; Developments of Interest in Practicing Before U.S. District Court. Career Night, School of Law, University of Louisville, 6:50p.m. to 8:00p.m. Louisville Bar Association Luncheon, Rodeway Inn; Recent Court Decisions Involving Construction Contractors and Implications Under the Model Procurement Code. Oct. 20-21 Continuing Legal Education, University of Kentucky, College of Law; Mineral Law. Oct. 27 Louisville Bar Association Luncheon, Rodeway Inn; Recent Developments in Creditors' Rights. Oct. 27-28 Continuing Legal Education, University of Louisville School of Law, Masterson's Restaurant; Practicing Disabilities Law- Rights of Handicapped Persons as to Schooling, Employment, Treatment and Benefits. Louisville Law Examiner School of Law University of Louisville Louisville, Kentucky 40208 John M. Harlan Louis D. Brandeis Louisville Law Examiner Volume 4 umber 2 October 3, 1978 Who is the man behind the mask ... pages 4-5. Change in requirements for graduation proposed . . . . page 1. Profe sor argues before U.S. Supreme Court - again . . . . page 6.
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Title | Louisville Law Examiner 4.2, October 3, 1978 |
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 | Louisville Law Examiner Serving The University of Louisville School of Law Community Volume 4 Number 2 Louisville, Kentucky, October 3, 1978 Circulation 3800 Kentucky Experiments with Law-Related Education by Valerie Salven \l ith encouragement from individual lawyers as well as state and local bar associations, Kentucky educators are taking a clo e look at a relatively new approach to social studies programming in the public schools this year. This new approach is usually referred to by the broad label of "law-related education," and has earned increasingly widespread acceptance and popularity throughout the United States in the pa t few years. Law-related education attracted the support of the American Bar Association in 1971 when the Special Committee. on Youth Education for Citizenship (YEFC) was formed "to foster and further high quality program for the teaching of the legal processes in America's primary and secondary schools." A 1975 report published by the YEFC on law-related education in America explained that "Law-related education seeks to improve the citizenship skills and attitudes of American youngsters by providing them with an understanding of law, the legal process and the legal system." Isidore Starr, an attorney and retired educator who is now a consultant on lawrelated education, has explained the purpose of law-related education courses as being to "teach students to cope properly with the problems of society'' and to understand basic law-related concepts that affect them daily - such as what an installment contract means, what is the role of police and the courts. The proponents of law-related education are quick to point out that the goal of such instruction is not to produce lawyers, although some students may become more interested in pursuing legal studies as a result of the courses. The YEFC emphasizes that law-related education projects - which often involve students in role-playing and mock trials - help students to develop analytical abilities, learn how to structure a persuasive argument, and gain skill in gathering evidence to support a point. The YEFC report quotes poet/lawyer Archibald MacLeish, who said, "What law tries to do is impose on the disorder of experience the kind of order which enables us to live with the disorder of experience." teacher said, when they actually observed a legislative session. The teacher had to explain to the class later why certain behavior is unacceptable in a classroom when legislators had been observed propping their feet up on desks and blowing bubblegum bubbles. Despite such experiences, many teachers shared favorable comments about attempts to bring law-related education into their classes. Increase zn Hours for Graduation Recommended A statewide awareness conference on lawrelated education in Kentucky was held on June 26 and 27, 1978, on the Eastern Kentucky University campus in Richmond, Kentucky. There were 118 persons who registered for the conference, and this number included teachers, college and law school students, lawyers, judges, law enforcement officials, and others interested in the topic of law-related education in Kentucky public schools. The conference was organized primarily through the efforts of the social studies consultant on program development for the Kentucky Department of Education, Helen Worthington. One well-attended workshop dealt with a program which uses the label "street law" to describe its subject matter. The "street law" program was begun under a project at Georgetown University in which law students taught law-related courses in District of Columbia public high schools, juvenile and adult correctional institutions, and in community-based programs. The program is now six years old and is run by the National Street Law Institute, which has published a textbook on street law for use in high school classes. The "Street Law" textbook defines "street law" as law that can be of practical use to people in their everyday lives, law that has practical application "on the streets." The introduction to the "street law" text also cautions the reader that "sometimes a person will need a lawyer to handle the problem (for example, the seller will not let the consumer out of an unfair contract). Throughout the course it is hoped that you will be able to recognize when a lawyer is needed and know how to go about getting one." The textbook includes sections on consumer law, criminal law, housing law and family law. b} haun E po ito "The ommittee voted to recommend to the full facult~ that the number of credit hour required for graduation be extended from the pre ent 84 to 90 hours, effective Jan. I, 1979." On September 8, 1978 the Curriculum Committee of the Law School approved the above statement ' hich is contained in the minutes of that meeting. Tho e contemplating graduation will be happy to know that this requirement, if pas ed by the faculty, will not apply to students currently enrolled, according to committee chairman Professor Ralph S. Petrilli. The recommendation apparently passed with little discussion or opposition. Assistant Professor Ronald W. Eades, another committee member, said that he "doesn't re all extensive discussion" on the matter. The idea had been discussed in the past in the School of Law on numerous occasions according to Prof. Petrilli. Extensive discus ion at the meeting was therefore not neces ary, he said. The only question discussed at length, and hich till remains to be resolved, concern notice to those entering after Jan. l, 1979. Prof. Petrilli indicated that Mrs. dah Lovesee, Admissions Officer, will "ink in" the new requirements in any catalogs sent to potential students if the full faculty approves the recommendation. Mrs. Lovesee added that upon approval the recommendation will become effective either in the Fall of 1979 or Jan. 1980 for transfer students. The question of when the requirement becomes effective will have to be resolved at a faculty meeting. Most of those interviewed agreed that the change in the number of hours required for graduation is the result of the growing complexity of the law. Steven Berg, a student representative to the Curriculum Committee explained that since additional courses were recently approved by the Bar Examiners for inclusion on the 1980 Bar Exams, a student will need to take 84 hours just to be prepared for the Bar. Prof. Eades stated that because the law is becoming much more complex "84 hours doesn't begin to give a student enough time to take all he needs." Increasing the graduation req_uirement to 90 hours seemed to be the best way to deal with growing curriculum requirements, he said. Prof. Petrilli noted that many other law schools already require 90 hours for graduation and many more are contemplating similar moves. ''There is increasing con-cern throughout the country that the law students need a small amount of additional training," Prof. Petrilli said. All of those interviewed believed that the decision to increase the requirement is a good one. Steven Berg felt that it is " not a bad move and probably needed." The extra hours could be a "valuable part of the preparation to b om a Ia \'Y r." It main drawback, Mr. Berg said, is that it will be very difficult for students to graduate in less than three years. Those who graduate in the normal three years probably will not feel an added burden, he said. As a final note Prof. Petrilli added that "if there are any unknown objections" to the recommendation students can channel their comments through student representatives. Student representatives to the Curriculum Committee are second-year student Tippy Richmond and third-year student Steven Berg. During one part of the conference, participants were given a chance to attend two work hop out of 10 Y.hich ere offered concurrently, and teaching strategies as well as potential problems with law-related programs were discussed. At one workshop on legislative lobbying, participants discussed plans for instructing pupils in the lobbying process with a lobbyist for the Kentucky Medical Association and a former state legislator. One teacher noted that her civics class had been excited about learning about how a bill becomes law and looked forward to a visit to Frankfort while the legislature was in session. However, the students' enthusiasm was dampened, the One feature of the Georgetown street law program that has gained widespread attention is the use of mock trials to teach students about the legal system, with the students taking on roles as witnesses, lawyers, jurors, and so on. The institute sponsors a city-wide mock trial competition for the District of Columbia in which a local judge (Continued on page 7) "I believe tripe should be read with the speed of light and, let us say, Toynbee's 'A Study of History' with tortoise deliberation. And most books are nearer to tripe than to Toynbee.''-FADIMAN, Clifton, as quoted in the article by Lawrence Galton, ''2,000 W.P.M. -But is it Reading?" in New York Times Magazine, August 27, 1961, p. 66. l Louisville Law Examiner, October 3, 1978 Editorial "The situation- spacewise-has grown so desperate that I'm almost willing to go to a tent in Bullitt County," moaned Prof. James Merritt in November, 1970, while he was serving as dean of the School of Law. Space problems have continued since that time, only temporarily abated by the addition of the new wing in 1974. Now, the law school's accreditation is threatened by the lack of space. An inspection team from the American Bar Association is due in October, and a large tent has appeared on campus near the law school. Coincidence, or did Prof. Merritt foresee the plans for new facilities? Rule Limiting Outside Employment Receives Excessive Emphasis may lie and still be allowed to work as much as they wish, the heat comes only if they tell the truth. If the law school administration spends its time policing this area what other, more valuable, areas are left neglected? Finally, what if someone says that he is not working more than 15 hours per week when he is in fact, and the administration is aware of the violation? There are some circumstances that lead us to believe that the violation may be toler" Come along and sing a song and join ated on the basis of who the guilty party is. our jamboree . . La yer may rna ·e their Jj, ing b) interpreung or arguing "the rule , " but bureaucracy? Well, it sub ists on the rule themselves. This year the law school administration seems to be emphasizing the importance of one rule above all others, its prohibition against day students being gainfully employed for more than 15 hours per week. Lest we hear from someone who wants to point out that this is a ABA requirement imposed on those fortunate enough to be accredited, we would like to note that the ABA sets minimum standards for accrediting Jaw schools. It doesn't write our law school catalogue (would that it did) nor does it dictate enforcement mechanisms. There are situations in which some Jaw schools have departed from these standards, either to exceed or to minimize, because they see fit to do so. ABA pronouncements, although they come from Olympus, do not dictate that law schools adopt or codify their every breath in a faculty resolution or law school policy in order to retain accreditation. The 15-hour rule depends on a homogeneous student body for its working logic. No such adjective is applicable to the student body of this law school or any other. Some people truly cannot work more than 15 hours per week and get a good legal education. Others can raise families, work, be active in student activities, and still make the Dean's list for six consecutive semesters. Still others_ need to have an interesting job at least a couple of days a week just in order to be able to stomach the narrowing process of legal education. Working also provides the one truly essential catalyst for legal education, money. It is well established that the financial aid available to law students at U of L is inadequate. Saying that people who can't afford to go to school full-time should go to night school is the equivalent of saying, "Let them eat cake." Most "first-years" arrive here after at least 16 year of formal education. For the mo 1 pan their undergraduate in titution and htgh chool did not have an) rules a to ho\\ many hour they could work per week. Being committed to the precept that "bureaucratic ineptitude is the basis of all human freedom," we believe that this is probably just an oversight at the lower levels. But, why does it receive such emphasis in a law school? Rules like this one are noxious, but not inflammatory in their passive state. Thi one is no longer passive. Some students registering this fall were either honest or misguided enough to admit that they were working more than 15 hours per week. Others did not fill in the blank on the registration card that said how many hours they were working. They all received letters from the associate deans shortly after registration. The letters, relying jointly on the rules of the law school and the ABA for their authority, informed the offenders that they " ... appear(ed) to have registered in violation of these rules.'' The letters gave the offenders a deadline by which they were to submit a signed statement that they would not work in excess of 15 hours in any week. Failure to do so would result in the cancellation of registration. According to the law school catalogue, failure to report or dishonest reporting of employment may result in exclusion from the law school. So far they've caught all the honest people. The administration has now guaranteed that some day students who are working more than 15 hours per week aren't going to tell anyone. They may even lie about it if asked. Possibly they need the money. Possibly they just don't think it's any of the law school's damn business how much they work. There are still a few people who don't recognize the law school as being in loco parentis. Now, what about those who were less than candid? They can be ignored or their averments an be checked by simply calling their employer for verification. At what point the inquiry becomes an in asion of privacy - when the que tion is a ked or when it is answered - is academic. We do not anticipate any professional policing agency actively checking on these people when they're practicing law. No one will call up their clients and say, "Are you sure that Lawyer Y isn't breaking the rules in some way?" The implication of such police activities is that the subject of the call is already suspect in some way. This type of tactic has no place in any profession . The inanity of this entire escapade is that it neither helps nor protects anyone. People What we are dealing with is a ridiculous rule which is made even more ludicrous by the fact that it is unenforceable, short of a major police action by the administration. If this law school is to suddenly acquire a fetishist's reputation for meeting ABA standards, perhaps there are other, more beneficial, areas in which to expend our energies. Isn't there a rule in there somewhere that says that full time faculty members should be just that, rather than being heavily involved in private practice or spending very few hours in their offices? Maybe the administration will enforce this rule next. You will, won't you? Louisville Law Examiner EDITORIAL BOARD Valerie L.Salven, Co-Editor-in-Chief Susan Turner Barnett, Co-Editor-in-Chief Phillip R. Warf, Associate Editor Ginny Hamm, Business Manager Greg Y opp, City Editor Bruce Dudley, Brandeis Brief Editor Jerome A. Mirabito, Executive Editor Pat Chism, Photographer Jerry Adair Frank Burnette Judge MARLIN M. VOLZ, Advisor STAFF Shaun Esposito Kenneth W. Golliher Shelby Lee Schuyler Olt Charles R. Walden Elizabeth Ward Sherry Wilt man Professor ALBERT T. QUICK, Consultant The Louisville Law Examiner is published eight times during the academic year in the interest of the University of Louisville School of Law community. Unsigned editorial opinions are those representing a majority vote of the editorial board and do not necessarily express the views of the School of Law or the University 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 is to avoid duplication of coverage and insure that the article will not be beyond workable length for a newspaper format. Address all communications to the Louisville Law Examiner, School of Law, University of Louisville, Louisville, Kentucky 40208. Phone 502-588-6399. Louisville Law Examiner, October 3, 1978 3 Law and Theology Degrees Available at U of L by Elizabeth Ward A dual degree program is available to all law tudents at U of L and seminary students at Presbyterian Theological Seminary. The two schools have arranged that a dual competency can be earned through a rigorou concurrent enrollment plan. The candidate for this dual degree must be separately admitted to each school fol lowing exactly the same procedures as single degree candidates. Generally the procedure is as follows: the student enrolls at the seminary for his first year; in the fall of that year he applies to U of L Law School, takes the LSA T, and gains admission through the usual methods. His second and third years are spent at the law school condensing the three years into two years and two summers. His fmal year is spent back at seminary. Thus, he is able to earn special certificate of his dual competency in four years as opposed to six years. If he needs an extension of time to complete his cour es, as much as one year can be added. The seminary accepts 27 credits from the law school toward the seminary degree. However, the law school cannot accept any eminary credits due to strict regulation by the ABA in the supervision required over activities of studies away from the law school, according to Associate Dean Steven R. Smith. V hy would anyone want a dual competency in the ministry and the law? Dean Gray on Tucker at Presbyterian said the program aro e as a re ult of the growing awarene in the late 60's of the Church' need to deal with social issues and recognition of the need of low income areas for legal advice. Initially it was hoped that group of churches would emplo) a oun el m ommon, if unable to retain a full-time lawyer. The dual competency seemed a natural olution to a church's need for both a pastor and a lawyer. The program was created to accommodate this need. Doe the dual competency program meet this expectation? Unfortunately, no. Only five per ons have completed the program since its availability in 1970. Presently only two students are enrolled . Some stu-dents have pursued the two degrees independently and others have failed to complete the last year of seminary. Of the five students who have completed the program, one is using theology fulltime, three are practicing law fulltime, and only has combined the two degrees for pay. The church has assumed a sideline role, usually on a volunteer basis. Only Gary Gall, now located in St. Louis, has found a position which combines his dual degree into a fulltime position. Dick Dolan, Rick Wyatt, and Mark Robinson practice law fulltime in the metropolitan area. Mr. Robinson at one time was an assistant pastor and educational director for a local church. Donna Morton-Stout, director of the Ecumenical Center, is technically not a graduate of the dual competency program since she had finished her law degree before she enrolled in the seminary. However, she was able to apply the 27 hours of law credits to her seminary degree. The deficiencies of the dual competency program involve the necessity of the candidate to make his own job. Steve Cross, presently enrolled in the program, says that although generalized benefits are espoused, no direct positions are available anywhere. The student must have a place in mind before he gets into the program. Students should not enroll in the program expecting a guarantee of a position. But Mr. Cross says the dual competency does increase the arena of job potential to exciting proportions for a candidate who already has a strong, combined interest in law and ethics. Although a program is available at U of L for a dual competency in law and theology, the pra tical opportunities pre ented upon its completion are quite limited. Only students with definite plans or a definite position in mind should even apply. However, if you are interested, more information about the program can be obtained from Dean Smith at the School of Law, Dean Tucker at the seminary, or Ms. Ada Lovesee in Admissions Office of the School of Law. "The mutual confidence on which all else depends can be maintained only by an open mind and a brave reliance on free discussion." -Learned Hand Let us know your point of view. Letter to the editor hould be typed and igned. The editor re erve the right to edit letters for space considerations and for clarity. Journal of Family Law Volume Sixteen, Number Four featuring: • "The Tender Years Doctrine: Survey and Analysis" by Cathy J. Jones • Federal Income Tax Consequences of Divorce and Separation • Indexes Volumes 12-16 Journal of Family Law University of Louisville School of Law Louisville, Kentucky 40208 Please send me the following issues of the Journal: 0 Vol. 16, No.1 ($4) 0 Vol. 16, No.3 ($4) 0 Vol. 16, No.2 ($4) 0 Vol. 16, No.4 ($4) 0 Vol. 16, Nos. 1·4 ($16) Name ____________________________ __ Address --------------------------- City _________ State ___ Zip __ __ ~M]II!fl'~ ... ::--::-::--~- Susan Fisler, a coordinator of the Supreme Court briefs project from the University of Kentucky, listens as Vince Eiden explains some of his research for the project. U of L Briefs Used zn Project Since the 1930's, the University of Louisville School of Law has received copies of briefs submitted to the U.S. Supreme Court free of charge because of a request made by Justice Louis D. Brandeis. This year, the briefs are being put to good use in a project designed to provide some insight into the criteria used by Supreme Court justices in deciding whether to hear a case on certiorari. S. Sidney Ulmer, an alumni professor in the Department of Political Science at the University of Kentucky, has received a grant from the National Science Foundation to cover the costs of a two-year project examining the types of cases which the Supreme Court ha accepted and rejected for review during a 30-year period ending in 1976. Prof. Ulmer explained that in a given term, the Supreme Court may deny review of 4,000 to 5,000 cases and give plenary treatment to only 150 cases. "Most cases are simply dismissed," Prof. Ulmer said, "and the bar is not in any better position than political scientists to guess when the court will accept or reject a case ... the rules don't explain it." Prof. Ulmer said that 20 people are currently at work on the project, including nine University of Louisville law students. The U of L students are being used to work with the Supreme Court briefs because the UK law library does not receive the briefs in letter press form. The students are going through a sampling of all the writs for review that have been submitted to the court during the 30-year period, and are "looking for factors ... that seem to correlate with acceptance or rejection" of a particular case for review, Prof. Ulmer said. One of the factors examined by the project is "the extent to which plaintiff's attorneys are alleging conflict with Supreme Court precedent or circuit court prece- . dent," Prof. Ulmer added. Although the U of L students initially encountered problems with gaining access to the briefs, which are stored in the library attic, on weekends and evenings, a student liaison for the project has been given a key to the attic so that the briefs may be used during hours when the library staff is not present. Assistant Law Librarian Martha Rush said that restrictions on the use of the briefs were necessary because "we lost 20 volumes in a couple of years" before the briefs were locked in the attic. Anyone else who wishes to use the briefs may do so by contacting a member of the libraty staff during regular library hours, she said. MICHIE~ BOBBS-MERRILL 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 Kentucky 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. Jim Schultz Sales Representative 821 Skylark Drive Louisville, Kentucky 40223 (502) 583·8874 or 425·0834 4 ·Louisville Law Examiner, October 3, 1978 Professor#Volz Continues Service to School, Community by Susan Barnett "One of my attributes is an inability to say 'No,' and that's led to some interesting adventures you might say." This modest statement by Professor Marlin M. Volz in a recent interview was hardly an appropriate prelude to the story of his outstanding career in legal education and his contributions to legal scholarship. Prof. Volz is generally recognized at the U of L School of Law as a pleasant and congenial man, willing to help students in whatever way he can. What many students may not realize is the impact that he has had in establishing and maintaining numerous programs of benefit to the students, the law school, and the legal community as a whole. He's an exceptionally hard-working man, and he has had some fascinating experiences. Prof. Volz came to the School of Law as dean in 1958, succeeding Prof. William B. Peden who had been acting dean since the resignation of Dean A.C: Russell the previous year. He was experienced for the job, having served in administrative capacities at three different law schools. Having received hiS B.A., LL.B. and S.J .D. degrees from the University of Wisconsin, Prof. Volz joined the Wisconsin Law School faculty in 1941. During World War II he served as an attorney for the War Production Board in Washington, D.C., and as an enlisted man in an infantry training camp. He returned to the Wisconsin faculty following the war, and he remained there until 1950. During his last two years there, he served as an assistant to the dean. Prof. V olz left Wisconsin to become dean of the University of Kansas City School of Law. During his eight-year tenure there, that law school increased its admission requirements, raised its graduation requirement, established a graduate program leading to the LL.M., expanded and modernized its curriculum, began a legal aid clinic, instituted a nationallyrecognized legal education program, and pioneered work in the production of visual aids in law teaching. From Kansas City, he carne to Louisville. While at Kansas City, Prof. Volz enjoyed what must be a unique honor - he was dean of two law schools at one time. Prof. Volz explained it this way: "I was invited to work with the law school in Puerto Rico. I think I was invited in part because I was the dean of the (Kansas City) law school, but secondly because President Truman was an alumnus of our law school and Cap (J .A.) Krug was my brother-in-law. Of course, President Truman was President of the United States and my brother-in-law was Secretary of the Interior when Puerto Rico gained its commonwealth status, so they were the two Puerto Rican heroes of the time. I know when I went down to Puerto Rico to teach law and otherwise in the summers, I would generally be introduced as Marlin Volz, the dean of President Truman's law school and the brother-in-law of Cap Krug! "Anyway, I was made dean of San Juan School of Law and I served, I guess, for two or three years in that capacity. I would go down periodically, but mostly I'd handle the deanship through the mail. I'd handle admissions and would go down there about once every semester and hold a rather long faculty meeting to get everything organized." When he arrived at U of L as dean, Prof. Volz found student enrollment in the day and night divisions totalled about 200 students; there were about I 0 full-time faculty members and one and one-half secretaries. In November 1954, Prof. Volz discussed his objectives in the Louisville Lawyer. He wrote: "The law school recognizes its responsibilities and opportunities as an urban law school. It believes it has a three-fold mission: first to train competent lawyers; secondly, to inculcate in each graduate a fervent desire for a lifetime of learning and to provide the opportunities therefor, and thirdly, to lead in the improvement of law and the administration of justice by encouraging and sponsoring scholarly research and investigation.'' Prof. Volz set out as dean to help the law school carry out this mission. In 1960, the law school announced publication of its first national law review, the Journal of Family Law. Prof. Volz remembers that the establishment of the journal was in response to a need expressed by the Association of American Law Schools; on his suggestion the faculty decided that it would be a fine project for U of L. The next year the law school received a grant of $25,000 from the Ford Foundation to establish a three-year program of seminars in family law, a program acclaimed by students. From this developed the Family Law Center in 1963. Also in 1963, the Local Government Law Center was established and funded by the university, the city of Louisville, and Jefferson County. Additional faculty members were employed to teach courses in municipal law, conduct workshops for local government officials and draft legislation~ During his seven years as dean, Prof. Volz also saw the faculty exchange program with the University of Leeds in England initiated, with the first visiting professor being Philip James, an authority on torts. The Continuing Legal Education program was begun and an Alumni Foundation was established. The first career day and the first Brandeis Lecture were held. Student participation in the Legal Aid Society was encouraged, and a number of research grants and scholarship funds were set up. groups, particularly those concerned with juvenile delinquency, youth problems and corrections. He was the first chairman of the Human Relations Commission in Louisville during the demonstrations in the 1960's in the city at the time of the passage of an effective public accommodations ordinance, one of the first such ordinances passed in the United States. Continued improvement in human relations and the importance to the community of a good educational system were key points in Prof. Volz' campaign. Louisville Mayor William Stansbury was his running mate for Jefferson County judge. Prof. Volz lost the election after a close race, and he returned to the faculty of the law school. He said, "Really, I think the voters kept me out of a lot of trouble by the way the vote turned out." When asked whether he would consider another political race, perhaps again for mayor, Prof. Volz said, "Certainly, so long as the voters will guarantee me the same results as they gave me the last time." The only entry into the political arena for Prof. Volz since his mayoral candidacy resulted from Jefferson County Judge Todd Hollenbach's appointment of him as county judge pro tern in 1969. In that parttime position he presided over the eight commissioners on Probate Court and served as a liaison between the university ·and county government, as well as standing in for the county judge in his absence. At that time at least two dozen former students of Prof. Volz, including Hollenbach, occupied administrative or judicial positions in city-county government. Apparently Prof. Volz impressed upon his students his regard for public service, and they must have agreed with him. "A good lawyer," Prof. Volz explained in an interview with a Courier-Journal reporter at that time, "ought to have a broad interest in rendering service to the public. And he ought to make himself available for public office when the occasion demands.'' Today, as a faculty member, Prof. Volz continues to support activities which were important to him while he was dean. In 1970, he was designated director of Law Alumni Relations and director of Continuing Legal Education by the board of trustees of the university, positions which he has maintained. Shortly after that he was appointed chairman of the Louisville Bar Association's Continuing Legal Educa- Asked about his unsuccessful bid for the mayor's seat, Prof. Volz said, "Really I think the voters kept me out of a lot of trouble by the way the vote turned out." As dean, Prof. Volz was also instrumental in developing the Juris · Doctorate program which was designed to stress the practical aspects of a legal education. Plans for building expansion were considered during his tenure, although Prof. Volz says that he did not have to bear the burden of meeting the expansion to the extent that his successors have had to because the enrollment while he was dean remained on a plateau. Prof. Volz prefers a faculty role rather than an administrative role in the law school, but he says of his term as dean, "It was a rather happy situation. We've always had good morale on the faculty - no divisions, no splits, not much dissension. Certainly vigorous debate and split votes, but everybody is agreeable with each other, and that was certainly the case the seven and one-half years I was dean.'' On May I, 1965, Prof. Volz resigned his post as dean to run for mayor of Louisville on the Democratic ticket. Although he had never held public office, he agreed to oppose Republic Kenneth A. Schmied if asked to do so by the party executive com-tion committee. He continues to be involved extensively with the placement office, more so than any other faculty member outside the dean's office. He serves on a number of faculty committees and is advisor to student organizations. Prof. Volz is also active in the organized bar associations, both national and state. He serves on three committees of the Kentucky Bar Association, the Continuing Legal Education committee, the Legal Assistants committee, of which he is chairman of a subcommittee to draft a code of ethics for legal assistants, and the Probate Laws committee, of which he is currently chairman. Of course, these interests are in addition to his writing. To the majority of students, for whom writing a seminar paper or a moot court brief is a monumental task, the accomplishments of Prof. Volz, once called West Publishing Company's most prolific writer, are phenomenal. .. _mittee. Prof. Voi~ speaks at the ~edic:-tion cere'!'OIIies of. tile~ oh~ M. Harlan Conference Room in Prof. Volz had held numerous positions 1976. Behmd Prof. Volz 1s Byron R. Wh1te, associate JUStice of the U.S. Supreme Court. on government committees and advisory Prof. Volz' writing career began in 1946, while he was at the University of Wisconsin, in response to the request of students for copies of his extensive notes of meetings of the Embryo Lawyers Club, a student group which met weekly to discuss handling legal matters such as probating estates, drafting deeds and mortgages, and e. amining ab tra ts of title. He compiled hi note , checked citation and expanded his material through "telephone research" with practicing attorneys. The result was a 200-page book which became known as the "Bible" at Wi n P bli m_ ompan} liked the "Bible" and it \\a expanded to become a I 000-page desk manual for routine matters, Wisconsin Practice Methods. Using the Wisconsin text as a guide, Prof. Volz then assisted in the preparation of similar manual for Iowa, Kansas and Mis ouri. an outgrowth of the e manual , in 1954 Prof. olz organized, as general editor, a staff of 25 federal practice experts to write the three-volume set, West's Federal Practice Manual. The first edition was published in 1960, and was soon expanded to even volumes. Prof. Volz still serve a general editor and principal author. ithin the next few month , the et will be expanded to II olume . He now ha a taff at the law school to assi t him with thi work. Prof. Volz was at o responsible for a 250-page pamphlet for the American Law Institute on drafting partnership agreements, which is now in its seventh edition. In collaboration with two Wisconsin education professors, he ha authored a book on school law, now in its econd edition. With the assistance of Assistant Professor Linda Ewald, Prof. Volz has recently completed a manual for probate practice in Kentucky, which is being published by Banks-Baldwin and should be released soon. The book is geared to practice in the new district court systems. Prof. Volz is also presently rewriting work they have done on the small claims division. Currently, Prof. Volz and Prof. Ewald are continuing their efforts to improve their civil procedure text, which is used in the day division first-year class. Prof. Volz hopes to clear his schedule enough in the future to be able to do further work on this text, perhaps incorporating more of a problem approach, with an eye to publishing it someday. He is also involved in the preparation of a four-volume set on federal taxation problems and the pocket parts for his manuals. Since Prof:' Volz is only involved in teaching, working wit)1 the various organizations and committees, and writing, he 'Louisville Law Examiner; October 3, 1978 5 spends his free time in labor arbitration. He got into this area somewhat accidentally while he was in Kansas City. An arbitrator for a case called in sick and recommended that Prof. Volz take his place. He r i on-th -job training, and a a r uh of thi experience he continued his work in the field, expanding his practice to the point that he now has to limit the cases that he takes, since the offers he receives exceed the time he has available. One of his most interesting positions is as arbitrator for the ational Football League. He al o arbitrate for the Detroit new paper , the hoe and gla industrie , and the Tenne ee Valle Authority. He recently was involved in the ettlement of the ew Albany, Indiana, police dispute. For relaxation, Prof. olz pends five weeks a year at his home in Wisconsin where, besides writing, he and his wife enjoy family reunion and hiking in the woods. He a! o play golf - nine holes a year. Of hi golf game, Prof. Volz said, "l have a perfect game. That is, it's not good enough for me to want to go back out right away, but it's not bad enough that I want to throw away my daughter-in-law's clubs\\ hich he loaned me." As to the future, Prof. Volz plans to continue doing ju t what he is doing now. In order that he can continue to update his ever-increasing volumes of law books, he thinks it may be neces ary for him to further limit his arbitration activities, possibly concentrating on work in the public ector and in education. He foresees few changes in his faculty role, except that he would like to see an increased emphasis on district court practice since he considers that to be the most important court. In the manner of a good lawyer, teacher and author, Prof. Volz summarized, "I've had a rather interesting life really, I think brought about largely bequse of having this inability to say 'No.' Not saying 'No' got me to run for mayor ... to run down to Puerto Rico about seven times to teach law .. . to be chairman of the Human Relations Commission in Louisville, and just all sorts of these outside things. "I've viewed life as an adventure made up of experiences. The more experiences you have, the bigger the adventure." We at the law school and in the legal community are grateful that Prof. Volz has just that view of life. Amidst his office, filled with reference works, Prof. Volz and Judge Tom Merrill exchange stories of their days behind the bench. ON THE COVER ... Prof. Volz took time from his law book writing to serve as catcher for the faculty team in a game with graduating seniors last May. Despite his efforts, the faculty lost. Slim Turnout for Election In an election notable for its meager turnout, stud nt at the law hool re ently selected officers and class representatives to the Student Bar Association (SBA). In the election held Sept. 12, these class representatives were elected in the day division: Sharon Conyers and Greg Fifer for the first-year class; Lisa Lindeman and Camille King for the second-year class (in a run-off); and Lee Hoefling for the thirdyear class. In the night division, Mimi Jolicoeur was elected to represent the first-year class, Kent Sublett to represent the third-year class, and Ste e Yader to represent the fourth-year clas . David Payne was elected secretary of the organization, and Phil Resch was elected night vice-president. These positions were vacant due to transfers of students elected to these offices last spring. In order to fill vacancies still remaining after the elections, the SBA executive committee appointed Jerry Mirabito to represent the third-year day division and Keith Runyon to represent the second-year night division. The poor voter turnout was exemplified by the fact that there were only three votes cast in the night division. As a result of the voter response to the elections, conflict has developed between the Honor Council and the SBA as to where the responsibility for publicizing and carrying out the elections should fall. In the past, the Honor Council has administered the elections. An amendment to the SBA constitution is contemplated to clarify these issues and to create a workable solution to problems encountered recently, according to SBA President Steve Arnett. WOULD ANYONE LIKE A KITTEN: PART TWO-There are still three homeless, nine-week-old kitties living under the law school annex. One is a lively yellow male and the other two are grey and white and of undetermined sex. Please help the kittens, and their mamma, find a home before cold weather sets in. Phi Alpha Delta Law Fraternity ''Good Luck Party'' Friday, October 13 8:00p.m. At 2238 Village Drive Louisville All interested students, faculty and alumni welcome. 6 Louisville Law Examiner, October 3, 1978 Law Professor Argues Two Cases Before U. S. Supreme Court by Shelby Lee When the family of J. Vincent Aprile II, gathered at the United States Supreme Court in ovember 1977, it was expected that Aprile's appearance in oral argument for Bordenkircher v. Hayes, 98 S. Ct. 663 (1978) would be a once-in-a-lifetime opportunity. o one, least of all Aprile, anticipated that within months he would return to present the landmark defense appeal in Taylor v. Commonwealth, 98 S. Ct. 1930 (1978). Aprile, director of the appellate division of the State Public Defender's Office and lecturer at the University of Louisville School of Law, was reversed in Hayes on the issue of vindictive prosecution; that is, whether a state prosecutor violates the Due Process Clause of the Fourteenth Amendment through a threat made during plea negotiations to reindict a defendant on more serious charges if he does not enter a guilty plea on the original charg.e. Hayes, having served six years of his life sentence at Eddyville, is subject to parole considerations in November; however, Aprile remains involved in the constitutional aspects of his case. Currently, he is appealing to the Sixth Circuit the second issue of the case, whether giving a person with two prior felony convictions a mandatory life sentence for the forgery of a $88.30 check, an offense normally covered by a two- to ten-year term of imprisonment, ccnstitutes cruel and unusual punishment under the Eighth Amendment. Taylor successfully challenged fifty year of Kentucky ca e law in e tabli hing that a defendant in a riminal trial i entided, uoon requ t. to ha e the JUT)' mformed of ht con utuuonal right to be presumed innocent unless and until be has been pro,·en guilty by competent evidence ond a reasonable doubt. prile feel that "We won Taylor the wa)· we \\anted to in Taylor. ' Considering the language of Justice Powell's 7-2 majority opinion indicating that due process was violated on the facts to be misleading, Aprile interprets the decision in light of the Kentucky procedure with instructions, when there is no other instruction that does what the presumption of innocence and strong, fair reasonable doubt instructions are to do, there is a denial of due process. There are no "magic words" to be used; however, the jury must be informed in some manner that a man is to be presumed innocent until proven otherwise. Aprile rejects the position represented by Justice Clayton of the Supreme Court of Kentucky and others who assert that Taylor is yet another example of the United States Supreme Court's attempt to impose on the states, through case law, federally-structured rules of criminal procedure. Rather, he believes that the Court is acknowledging that there are minimum constitutional standards to be met and that within that framework the states retain great flexibility in establishing their own procedures. Regarding double jeopardy, for example, Kentucky for years held that jeopardy did not attach when a reversal was achieved through an appeal based on insufficiency of the evidence. It was only a logical application of Supreme Court reasoning, Aprile observes, that determined that if the evidence is insufficient at the trial level, thereby requiring the granting of a motion for a directed verdict, which would preclude retrial, the appellate process should not be free from the protection of double jeopardy. Such does not impose a shroud of national uniformity over criminal procedure but rather insures minimum constitutional protection. Aprile cites the double jeopardy situation also as an example of the manner in which one can "miss important issues by being involved but by not thinking the right way at the right time.'' While serving in the Judge Advocate General's Corps of the Army, he followed military procedure in dismissing the indictment of one whose conviction was reversed by insufficiency of the evidence. Returning to practice in Kentucky with the State Public Defender's Office, Aprile won numerous reversals bas.ed on evidentiary insufficiency but accepted without question the Commonwealth's procedure of subsequent retrial. "Never once did I take one on up to the Supreme Court to say that the remedy is wrong, he is entitled to have the case dismissed on the grounds of double jeopardy. It is very easy to miss important issues.'' Presenting a case to the United States Supreme Court requires not only extensive research but also an element of strategy. Self-admittedly, Aprile is no trained Supreme Court watcher; however, prior to Hayes he spent over a week observing Court procedures from the Lawyers' Section . During this period he was able to discover, for example, that Justice Marshall has the ability to put an attorney at ease through a deceptively simplistic line of questioning, then quake him severely through a final incisive inquiry going to the rudiments of his position. Familiarity with those justices still on the court who have written important opinions on one's position offers support in presenting a case, Aprile notes. In assessing his chances with Hayes, for example, Aprile looked to the fact that Powell had written in the area, giving him an opportunity to tailor his arguments in a manner designed to win his upport; Powell voted with Hayes. However, uch background kno' ledge does not alway a urate!} predi t pre ent attitudes. Potter Stewart had written key decisions on vindictive prosecution; con-equently, he eemed to be omeone not only that Aprile had to get but a! o one whom he had a good change of getting. Yet, tewart \HOle again t him, \\hich carried the Court 5-4 in rejecting Haye ' position. Immediately prior to Taylor, the Court ruled that it is improper for a judge to give over defense counsel's objection the preventive instruction that the jury is not to consider in any way the fact that the defendant did not take the stand. Aprile felt that it was a favorable sign that Justice Stevens in dissent stressed the importance of the presumption of innocence. Stevens, nevertheless, joined with Justice Rehnquist in dissenting to Taylor, a case based on that very point. When asked about Chief Justice Burger's recent charge that over fifty percent of all trial attorneys lack proper skill , Aprile responded that "In many instances the level of representation for criminal defendants is substandard and unacceptable. The system does nothing after law school to stop that from happening. The real problem is that the law has expanded into so many areas that it is virtually impossible to keep up, to be an expert in all fields." Consequently, Aprile feels that it will become necessary to go to a form of certification, perhaps one in which one would be required to keep up in his primary area of practice and be limited to only basic work in other aspects. "It is virtually an art to be a good trial or appellate attorney. To learn those two things and also criminal law, one can't also be an expert in domestic relations, family law, and tax. The big law firms are already demonstrating this through their internal specializations.'' In considering the role of an advocate, Aprile stressed that "not guilty" is a term of art, one that has nothing to do with moral culpability. The accused is entitled to at least one advocate committed fully to his interests as defined by concepts of legal and ethical practices; his interest is to be paramount and "cannot be compromised by considerations of what is best for society." Should the client confess, "I killed my J. VINCENT APRILE II mother, and if I had another mother I'd like to kill her too," counsel must represent him to the fullest extent possible. "If they can't prove him guilty, then there is something wrong with the system. The system should see that exposed and take care of it. It is not my job to be an involved citizen. When the trial is over, I may go out and campaign hard for a change of laws in certain areas or for better procedure," but during representation the client takes precedence. Aprile, who has received state and national attention through participation in training workshops and seminars concerning advocacy, received the B.A. in English from Bellarmine, the J.D. from the University of Louisville, and the LL.M. in Law, Psychiatry, and Criminology from George Wa hington University. At the University of Louisville he conducts eminars in Written Advocacy, focusing on the use of the written document from trial motions to appellate briefs as a tool of advocacy, argumentation and per ua ion, and Criminal Defen e-Theory and Practice, empha-izing the di tinct and unique problems and challenges which confront the criminal defense attorney from ethics to trial tactics. In these he asks, "Don't take my ideas and use them. Rather, realize that the only limitation you have is your own ingenuity." Through such an approach, Aprile hopes to facilitate the transition from the academic context of the law school to the pragmatic practice of law. JAMES P. QUEENAN 2509 Savannah Road Louisville, KY 40222 (502) 425-217 4 THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY II II LCp Law School Career Night Planned for October 18 by Jerry Adair The Law School Placement Service is providing a variety of services this year to aid students and alumni in their search for new and different types of employment. An upcoming event is the Career Night program scheduled for Wednesday, October 18. This program will provide students an opportunity to meet and discuss career possibilities with representatives from various fields of the law. The Placement Service also aids students and graduates by providing a list of available clerking and full time legal positions. Other services offered include counseling in the preparation of resumes and for interviews, providing a permanent filing service of resumes and recommendation letters, and providing a small library of informative pamphlets and booklets. Prospective employers have scheduled on-campus interviews for the year through the Placement Service. The Placement Service also publishes a monthly newsletter, Going Places, providing information on available legal positions. Any alumnus interested in receiving this free newsletter should contact the Placement office. Susan McBeath, of the Placement Service, said that additional help has been employed and they are now in the process of contacting recent alumni in order to compile statistics as to their current employment, salary ratio, and location. This information will be available to the Examiner and all interested persons soon. The National Association for Law Placement has released their report on 1977 law graduates who actively sought employment. The report states that 93.6 percent (or 19,939) of those graduates contacted had found jobs. Fifty-three percent of those employed entered private practice, 16.7 percent were employed in the government, 10.1 percent were employed by business, 8.9 percent found judicial clerkships, 5.3 percent were working in the public interest and indigent field, 3.3 percent found jobs in the academic community, and 1.8 joined the military. The Law in Breadth AMERICAN JURISPRUDENCE 2d - An encyclopedic A-Z text statement of the complete body of law - state and federal, civil and criminal, substantive and procedural. Here you'll find the principles of law plus direct leads to the supporting cases, related annotations, forms, proofs, and trial techniques. Use it as your first search source in office consultations, solving tax problems, trial preparation, brief writing. D authoritative treatises on 431 modern legal topics D cases from all jurisdictions D practice and procedural coverage D Uniform Laws, including the Uniform Commercial Code D federal law - cases and statutes discussed and analyzed D New Topic service. Jane Hop on, one of the creator of THE K . "T . KY J ROR, in peel part of the !ide how. The juror-orientation program, pon ored by the Louisville Bar ociation, i now hown to all local circuit court jury pool . Louisville Law Examiner, October 3, 1978 7 ''Kentucky Juror'' Makes World Premiere byGregYopp It was a world premiere. There wasn't one Hollywood star or even a hint of pushing crowds of fans. Not even limousines and spotlights at the door. Nevertheless, the critics loved it. On September 13, Frank P. Doheny, Jr., president of the Louisville Bar Association presented THE KENTUCKY JUROR to the critics ... the 16 judges of Jefferson Circuit Court. You won't see THE KENTUCKY JUROR in any local theatres because it's not a commercial film. In fact, it's not a film at all but a sophisticated slide show which serves as a jury orientation program for the Jefferson Circuit Court jury pool. THE KE TUCKY JUROR is a two projector 15 minute presentation, complete with recorded narration and musical score. A blend of custom photographs and artwork, the show consists of 160 slides. The entire presentation was funded by the Louisville Bar Association and the special equipment used to show it was funded by the Louisville Bar Association Auxiliary. Since the adoption of the jury pool, judges, local attorneys, and the Louisville Bar Association have considered various type of orientation for jurors. The Louisville Bar ociation, through its Public Information Committee, undertook the task of taking what had been considered and making it reality. The committee established the folJowing goals for the orientation program: • to explain the mechanics of the jury process to the jurors, • to inform jurors of their role in the trial, and • to educate the general public about the importance of jury duty and to explain the duty of all persons involved in the jury system. FolJowing an extensive study of similar presentations from such places as Detroit, ew Jersey, and Virginia, Jane Hopson, Executive Director of the Louisville Bar Association, wrote a first draft of the program's script. "It was a composite of the various other presentations we viewed," she said. "After seeing the others, I knew what I wanted and what I didn't want." The first draft was presented to an informal committee made up of various local attorneys and judges. "We wanted the committee to be a good cross-section. We wanted to insure it (the program) would be straightforward ... to make sure the language wasn't slanted," said Ms. Hopson. After criticizing and revising the script, THE KENTUCKY JUROR was produced by a local production company at a total cost of about $3,000. The $3,000 represents the cost of the original show and two copies. When the Bar Association decided to go with the show, the Executive Committee authorized the expenditure of up to $4,000 for the jury orientation slide program. The orientation program is a fast paced multi-image production. Throughout the show, there are two slides being projected simultaneously, always attracting the viewer's eye. But it's more than a slick production designed to grab attention and hold it for 15 minutes ... it's really an educational experience. The show "explains the responsibility of the juror and what he'll encounter. It essentially tells them how to behave, how to act, and what to expect," said Ms. Hopson. THE KENTUCKY JUROR is presented every other Tuesday when a new jury pool reports. However, Ms. Hopson said it may be possible to schedule some general showings and the Bar Association wants to send it into the community as part of the Association's speakers' bureau. Groups interested in viewing the orientation program should contact Ms. Hopson at the Louisville Bar Association. Kentucky Educators Examine ((Street Law ''Courses ( ontinued from pagt J) selec the ""inner" from the championship team entered b} local hi h hoo taff mem o the 'ational Street La" In titute explain that moe· trial help give the tudents an "in ider' " per pective from which to Jearn courtroom procedures, and that this knowledge will be valuable if the tudent hould be imol ed in a triaL It al o e y or -relat on pt uch authOnt} and fairness, and helps students to obtain "a basic understanding of the legal mechanism through which society chooses to resolve many of its disputes" according to one article written by Institute staff members. At the Kentucky conference, a member of the ationa1 Street Law Institute staff Jed participants through everal basic exercises designed to orient the student to the subject and to help the student realize the "law is there to help" as well as to punish. In one exercise, the leader gave a brief autobiography and told the participants to top him whenever he said something of legal ignificance. He was topped frequently. Hi name i recorded on a birth certificate, a legal document. His age i important in determining legal rights and responsibilities. His address is important for purposes of taxation and census data, participants noted. A highlight of the EKU conference was a dinner session which had as featured speakers John S. Palmore, the Chief Justice of the Kentucky Supreme Court, and Scott M. Matheson, chairman of the ABA 's special committee on Youth Education for Citizenship and governor of Utah. Justice Palmore noted that recent polls had shown that 37 percent of the people in the United States were under the impression that the defendant in a criminal case had the burden to prove innocence, and that many people were opposed to concepts contained in the Bill of Rights when those concepts were stated without attribution to their source. Justice Palmore told the conference participants that "The democratic way of life is a fragile thing. And it is being run by some hundreds of millions of people who haven't had any schooling whatever on what they're doing. To me, that 's absurd. I'm so glad that educators are beginning to wake up, to understand that it's ju t as important for children to Jearn the e fundamental, philosophical things about their government as it is that they Jearn how to brush their teeth and take care of themselves hygienically.'' Governor Matheson told the audience that "citizenship education, helping students gro'' up to be kno\\ ledgeable, active, conerned citizen , i really at the heart of the ba i purpo e of merican education." Governor Mathe on told the audience about an event that happened at a school his child attended to illustrate the way that law-related education could help students get interested in learning: "We became interested in the program several year ago in a junior high chool one of our children was attending. We found out that the social studies program had very little to offer in the way of stimulation or knowledge. We came across a lawrelated education program and they put a pilot program in that junior high school that year, and one of the things that one of the teachers decided to do was to have a mock triaL I was invited to come down and be the judge. We had 50 minute to try the case, instruct the jury, have the jury deliberate, and have the jury reach a verdict. By the time that the 50 minute had elapsed, the case had ju t been completed but the defen e Ja"1er had not had a chan e to addre the JUC). But the teacher of the cia aid, 'v e've got to have a verdict! Becau e it' over. Jury, go over in the corner and come back \ ith a verdict promptly.' And the jury went over in the corner and came back with a verdict promptly. And the defendants were found guilty of stealing a senior citizen's purse. "The next morning, the defense lawyer, who was also in about the fifth grade, was so upset about the way that case had been handled and he thought he had been treated so unfairly that he went up to the teacher and implored the teacher to re-establish the case, let him argue the case to the jury and let them deliberate. And the teacher allowed it, and the jury deliberated and they brought in a verdict of 'not guilty.' The great part of the story is, I had not been a party to the second day's activities. But I was home that night and this smalJ boy called me up and told me, he said, 'Mr. Matheson, I want to tell you what happened.' And he did. He said, 'I knew you would want to know as judge, that a better verdict was arrived at.' Now that's law-related education." Pilot programs on Jaw-related education are being encouraged by the Kentucky Department of Education on a voluntary basi . The programs that are established this year will be evaluated at the end of the year and educators will decide what direction to take with law-related education after that point. Speakers at the EKU conference stressed that the "pilot programs" are not actualJy new course offerings, but rather a new approach to traditional civics and government classes. None of the three law schools in Kentucky are at this point actively involved in law-related education programs in the communities in which they are located, but the Chase Center for Study of Public Law, a non-profit organization associated with the Chase College of Law at Northern Kentucky University, is currently examining the possibility of having law students at Chase work with teachers in the public schools in an attempt to use a "team teaching" format for conducting law-related classes in schools around Covington. Professor Bart Craig, a faculty member at the Chase College of Law, said that an advisory committee would probably determine how to implement this program by the end of the year. Current plans are to either give academic credit or pay law students who participate in the program. The Kentucky Bar Association has approved efforts by the Kentucky State Lawyers' Auxiliary to promote Jaw-related education in Kentucky, according to C' Allen Chauvin, the current president of KSLA. The Auxiliary has planned several activities (Continued on page 8) WOODY'S TAVERN &ALE GARDEN brook & burnett NOTE·~';~ P. . \I"'¥~ wooDY 8 Louisville Law Examiner, October 3, 1978 Laymen's Edition of State Laws Being. Compiled for Kentucky (Continued from page 7) to promote law-related education in Kentucky, Mrs. Chauvin said, that include the following: 1. The KSLA plans to send letters to each of 15 regions in Kentucky in order to identify a KSLA and Kentucky Education Association liaison for each region. 2. KSLA plans to advise parent-teacher associations that the law-related programs are available and that KSLA members can help coordinate the new programs. 3. KSLA plans to contact the state librarians' association to remind them that 40 libraries throughout the state currently have a supplement published by the ABA which lists law-related materials that are available for classroom use. If a teacher wishes to order materials from the ABA publication, Mr . Chauvin said, KSLA will ~ry to get the materials for the teacher if funds cannot be obtained through the school system. 4. In March, KSLA plans to sponsor a booth promoting law-related education at the annual meeting of the Kentucky Educator ' Association. The booth will feature exhibits on law-related education programs, including programs to introduce law-related education into courses such as science and math. "When you study any new development in science - such as test tube babies - then you are running across laws,'' Mrs. Chauvin said. In math courses, she said, teachers could discuss what the responsibilities of having a checkbook are, as well as how to balance a checkbook. "It doe n't anything and it doesn't need a upple-ment - e JU ant tea h to tre tht all the way through," Mr . Chauvin ~d. 5. hopes to make the ornmunity more aware of the availability of such courses by having its members speak to various community groups and clubs about law-related education in Kentucky. KSLA wants to encourage parents, teachers, lawyers and other individuals to become involved in lawrelated education, Mrs. Chauvin said. KSLA has tried to work with the schools on law-related progams in Jefferson County, Mrs. Chauvin said, but so far they feel as though they are "all dressed up with no place to go." The only way in which they have been asked to assist area schools with law-related instruction has been to draw up a directory of Kentucky lawyers who would be willing to speak to public school classes. KSLA is currently working on the directory. A staff trainer for Jefferson County schools, Dale Redford, explained that one reason why Jefferson County schools are not doing more with law-related education at this time is that there is currently a moratorium on any new programs or additions to the curriculum in Jefferson County. Mr. Redford noted that a ninth-grade course called "Youth and the Law" has been taught in Jefferson County for the past four or five years, however, using the "street law" text developed by the National Street Law Institute. There are 55 teachers in Jefferson County currently teaching the course, Mr. Redford added. KSLA is presently recruiting retired lawyers to write a booklet of Kentucky laws, stated in everyday language, patterned after a booklet prepared by the Ohio State Bar on "general and everyday law affecting Ohio citizen . " It is anticipated that this booklet ill be circulated throughout communitie a well a in the public schools, and the Kentucky booklet should be ready for publication in April. Oct. 5 Oct. 13 Oct. 18 Oct. 20 CALENDAR OF EVENTS Louisville Bar Association Luncheon, Rodeway Inn; Recent Developments in Tort Law. Louisville Bar Association Luncheon, Rodeway Inn; Developments of Interest in Practicing Before U.S. District Court. Career Night, School of Law, University of Louisville, 6:50p.m. to 8:00p.m. Louisville Bar Association Luncheon, Rodeway Inn; Recent Court Decisions Involving Construction Contractors and Implications Under the Model Procurement Code. Oct. 20-21 Continuing Legal Education, University of Kentucky, College of Law; Mineral Law. Oct. 27 Louisville Bar Association Luncheon, Rodeway Inn; Recent Developments in Creditors' Rights. Oct. 27-28 Continuing Legal Education, University of Louisville School of Law, Masterson's Restaurant; Practicing Disabilities Law- Rights of Handicapped Persons as to Schooling, Employment, Treatment and Benefits. Louisville Law Examiner School of Law University of Louisville Louisville, Kentucky 40208 John M. Harlan Louis D. Brandeis Louisville Law Examiner Volume 4 umber 2 October 3, 1978 Who is the man behind the mask ... pages 4-5. Change in requirements for graduation proposed . . . . page 1. Profe sor argues before U.S. Supreme Court - again . . . . page 6. |
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 | 1978-10-03 |
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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