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.