Louisville Law Examiner
Serving The University of Louisville School of Law Community
Volume 4 Number 3 Louisville, Kentucky, October. 24, 1978
Delta Theta Phi Legal Fraternity is currently running a tutorial program for first year students. Tutors Scott Preston and Kevin Lett, shown sitting on
table above. help freshmen through their first semester.
Federal Judge Suggests Internship
by Ken Golliher
"But, for me, it is more important to in­fluence
people than to win friends." Ap­parently,
Warren Burger means what he
says. Last year when the Chief Justice of
the United States impugned the competence
of American trial attorneys he drew a
volley of high-powered criticism from
lawyers and their organizations.
But, in the months that followed, those
initial remarks and Judge Burger's continu­ing
comments on that same theme have
also had a positive influence on legal
education.
Riding on the coat-tails of the Chief
Justice's criticism and a formal proposal he
delivered in a speech before the American
Law Institute (ALI) last spring, several
schools and individuals are proposing
changes. And some bastions of legal educa­tion
are even dusting off the 19th century
practice of legal apprenticeships and offer­ing
them as a welcome gift of practical ex­perience
to the lawyers of tomorrow.
A senior judge of the U.S. Customs
Court and a life member of the Kentucky
Bar Association is advocating a similar ap­prentice
program for the law schools of the
Commonwealth.
Judge Samuel Rosenstein, now living in
Florida, graduated from the University of
Cincinnati School of Law and practiced in
Kentucky for over 40 years. A few weeks
ago he met with Ovid Lewis, the acting
Dean of the Chase College of Law at Cov­ington,
Harold G. Wren and Tom Lewis,
the Deans of the law schools at the Univer­sity
of Louisville and the University of
Kentucky respectively.
What Judge Rosenstein proposed to
these administrators was a partial return to
the. methods of yesteryear-an effort to
- --- -- - --- - - - - --
insure competence in the advocates of
tomorrow.
Although his ideas have not been reduced
to a written proposal, Judge Rosenstein's
basic plan calls for reducing the
undergraduate studies to a three year pro­gram
and awarding a bachelor's degree
after admittance to and the successful com­pletion
of the first year of legal study.
Judge Rosenstein said, "Removing one
year from the liberal arts program would
not extend the total years of schooling or
increase the costs involved. Actually, a law
student's out-of-pocket expenses would be
partially reduced by his earnings from his
internship . .. "
Under his plan the second and third
years of legal education are of a conven­tional
nature. The fourth year is practically
&iented, largely modeled after the intern­ship
program used in teaching medicine.
"It is my hope that we can restructure a
substantial portion of the senior year,"
Judge Rosenstein said, "during which a
qualified law student could serve as an ap­prentice
with a government agency, corpo­ration,
trial lawyer or office lawyer.''
Judge Rosenstein said that the three law
school deans in Kentucky appeared inter­ested
in studying and exploring his pro­posal.
"Nobody can question the value of
giving students as much practical as well as
theoretical knowledge as possible," he
said.
However, he did foresee some difficulty
with the ABA standard which says that full
time law students should not be allowed to
work more than 15 hours per week. "Some­where
along the line these accreditation
agencies have gotten the idea into their
head that law students can't work more
than 15 hours per week. If a student has the
ability to work 25 hours per week and still
do his school work he should be allowed to
do so,'' he said.
While this concept is still in the proposal
stage here, a parallel effort is a reality in six
law schools in southern New York.
According to an article in Equitas, the
student newspaper at the New York Law
School (NYLS), their program there is the
first of its kind in the country. The plan for
this iJiiOt effort was drawn by Chief Judge
David N. Edelstein of the U.S. District
Court for the Southern District of New
York and a committee of leaders in the
organized bar.
Participating students will come from all
of the law schools in the Southern District:
NYLS, Benjamin N. Cardozo, Columbia
University, Fordham University, NYU and
Pace University.
Unlike the Kentucky proposal, New
York's experiment does not alter the
undergraduate/ law school relationship or
feature an entire year devoted to practical
training.
Senior students participating in New
York's Special Training Program work 15
hours per week in the offices of parti­cipating
law firms. Assignments emphasize
actual trial work and encourage student ex­posure
to seasoned litigators preparing for
and actually trying cases. Some third-year
students are also able to serve their intern­ships
as clerks for federal judges in that
district.
The New York program suggests the
adoption of a local court rule allowing
students participating in this program to
practice before the Southern District Court
under the direction of a qualified attorney.
Inexperienced lawyers who have already
been admitted to the bar are also included
in this plan. They would be allowed to gain
(Continued on page 5)
Circulation 3800
SBA Votes
to Cancel
Faculty
Evaluations:
by Shelby Lee
A recent overwhelming vote by the ex­ecutive
committee of the Student Bar
Association (SBA) ended the faculty
evaluation program initiated by students of
the late 1960s and early 1970s. Under the
program, evaluation forms were prepared
and distributed in each class by the SBA.
Results were tallied through the use of a
University computer. Copies were then filed
with each professor, the library reserve
desk, and the SBA office. Dissatisfaction
with the project had resulted in its suspen­sion
during Fall 1977 although it was briefly
revived for Spring 1978.
Steve Arnett, SBA president and a pro­ponent
of reinstating the program, believes
that in suspending and then terminating the
student-sponsored distribution of faculty
evaluation forms, the executive committee
reflected the concern that "they were not of
any value, that they were not being used,
and that it was misrepresentation to the
students."
Associate Dean Norvie Lay rejected that
position. "Nothing could be further from
the truth. In fact in all our promotions,
contract renewals, and tenure considera­tions
since I've been here, evaluation forms
have played an important role. I thought it
was a good idea; I still think it is. They are
used."
Dean Lay explained that in considering
the faculty evaluations the administration
places emphasis "on the ranking process a,s
to whether this person was or was not
within the top one-third." Concerning
classroom performance, stress is placed
"number one on whether a professor
understands the material itself an~,
number two, on whether he tan convey it!"
Effective adjustments have been madet py
transferring a teacher to another class;
however, if he proves totally incompetent,
he's out, Dean Lay said.
Frequently problems can be resqlved
simply by bringing classroom problems to
a professor's attention. Dean Lay recalled
two instances in which he believes tenured
faculty members, "who may or may not
now be here," never really recognized the
things that aggravated the class until they
reviewed the evaluations. Both changed their
methods to a great extent; it was simply
that the trouble areas had never before
been pointed out to them.
Under current Redbook guidelines, Mr.
Arnett indicated, each college of the Uni­versity
of Louisville will be required to con­duct
evaluations of professors. Both Mr.
Arnett and Dean Lay are concerned, how­ever,
that if the program is conducted by
the administration, "it almost looks
suspect." Mr. Arnett explained, "Presently
the only function the administration plays
is fiscal, the administration has paid for it ·
the past two years.'' '
(Confusion exists regarding the source of
payment. Dean Lay stated, '';My'
understanding is that the SBA was picking
up the entire cost. I volunteered that if that
was the real hangup, simply being wor~ied
(Continued on page;I2)
2 Louisville Law Examiner, October 24, 1978
Louisville Law Examiner
EDITORIAL BOARD
Valerie L. Salven, Co-Editor-Chief
Susan Turner Barnett, Co-Editor-in-Chief
Phillip R. Warf, Associate Editor
Ginny Hamm, Business Mana~er
STAFF
Greg Yopp, City Editor
Bruce Dudley, Brandeis Brief Editor
Jerome A. Mirabito, Executive Editor
Pat Chism, Photographer
Gerald F. "Bear" Schray, Artist
Jerry Adair
Frank Burnette
Jud~e MARLIN M. VOLZ, Advisor
Shaun Esposito
Kenneth W. Golliher
Shelby Lee
Rick Masters
Schuyler 011
Charles Walden
Elizabeth Ward
Sherry Willman
Professor ALBERT T. QUICK. Consultant
The Louisville Law Examiner is published ei~ht times durin~ the academic ~- ear in the
interest of the University of Louisville School of Law community. Unsi~ned editorial opinions
are those representin~ 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 len~th. This is to avoid duplka.10n of covera~e and insure that the article will not be
beyond workable len~th for a news~aper format.
Address all communications to the Louisville Law Examiner. School of Law, University of
Louisville, Louisville, Kentucky 40208. Phone 502-588-6399.
Editorial
Bar Application Needs Update
Law students planning to take Ken­tucky's
February bar examination are now
deeply involved in filling out the applica­tion.
They are being exposed to the
organized bar-their organized bar-for
the first time through its paperwork.
Reactions to the document are largely
uniform.
Only three legal-size pages, the applica­tion
appears to be fairly routine, but the in­structions
note: "Be Specific. If space is in­adequate
attach separate sheet."
Question number two says: "State every
residence you have had." Suddenly, the
bubble bursts. They realize that what had
been budgeted as a two-hour job will pro­bably
take most of the day. (Damn, what
was my house number that summer I lived
on Mulberry Street in Muncie!?)
If the applicants think they can squeeze
by without adding "a" separate sheet, just
wait until they reach question number 7.
There they are to list all memberships in
clubs, churches, social, fraternal or civic
organizations with which they have been
affiliated since the age of 16. The follow-up
punch is a requirement that for each
organization listed the applicants are to
give the name and address of a minister or
head of the organization at the time they
~ere members.
: (Quick, who was the president of the
Honor Society when you were in high
school, your sorority when you were in col­lege,
and the Welcome Wagon when you
lived in Ohio?)
(Quicker, who cares?)
The application, used mainly for review
by the Character and Fitness Committee
and as a permanent record of the applicants,
also inquires as to marital status. That's no
problem except for the fact that divorced
applicants are to attach a sheet " ... giving
complete information as to court, dates,
grounds for divorce, etc." Aside from be­ing
somewhat xtrar to the issue of
having character and Illness requisite to the
practice of law, the question seems odd
when it is asked in a state which has
codified no-fault divorce.
The question regarding arrests or cita­tions
for "law violations" expressly re­quests
the disclosure of any juvenile pro­ceedings
in which the applicants were
involved.
General averments required on the ap­plication,
the signing of which is to be
witnessed by a notary, include:
a) I am a citizen of the United States.
b) I am not a Communist and do not ad­vocate
the overthrow of Government by
force.
Lack of United States citizenship was
ruled as an improper basis for denial of ad­mission
to the bar in In re Griffiths, 413
u.s. 717 (1973).
The two-tier question in (b) would ex­clude
applicants who believed in com­munism,
without regard to whether they had
actually done anything in furtherance of
those beliefs. Aside from the fact that this
policy denies a privilege on the basis of
thought alone, it raises serious first amend-ment
problems, as noted in Baird v. Stare
Bar of Arizona 401 U.S. I (1971). (The
Kentucky Supreme Court removed its rule
prohibiting communists from being admit­ted
to the bar earlier this year, but the ap­plication
remains unchanged.) The second
clause literally requires that the applicants
not advocate the overthrow--of any govern­ment
by force. Thomas Jefferson would
have had a tough time signing that one.
Also, according to In Re Stolar, 401 U.S.
23 (1970), applicants cannot be denied ad­mission
to the bar for refusal to answer a
question like number 7. The question's
chilling effect on freedom of association is
self-evident.
Over the last few years most law students
have only complained to one another about
the questionnaire's unreasonable requests.
They just swallow their pride, assume an
invertebrate position and hope that they
remembered to list their high school glee
club on question number 7.
It's difficult to say just what kind of a
comment that is on the people filling in the
blanks. But, the fact that such requests are
made certainly undermines the integrity of
the character and fitness process itself. It
also adds credence to the argument that the
bar examination and the character and
fitness investigation amount to little more
than the "hazing of the pledges."
We are not making an ad hominem argu­ment
against the people who read or in­vestigate
these applications. No one here is
aware of any situation where this type of
information has been misused or an appli­cant
treated unfairly.
If anything, the blame for failing to up­date
and revise a document such as this one
should be placed on those practictioners
who have done nothing to improve the ad­missions
process since they were admitted,
those people who have no idea what pro­cess
their future brethren at the bar must
participate in to gain admittance.
What we would like to see is a revision of
this application. Its main thrust should be
to gather only information relevant to the
actual character and fitness of the appli­cants.
It should avoid asking questions
which require the recitation of endless
streams of data which will never be verified
in any way. Finally, it should recognize
that the would-be lawyers have the same
constitutional protections which are af­fatded
to the populace in general.
((Brandeis Brief'' Series
The Legal Profession
Problems Encountered by
Today 's Black Lawyers
Martha Fleetwood was born in New
York City in 1952. She graduated from
Mission Bay Senior High School in San
Diego, California in 1970, and received her
B.A. in Comparative Cultures in 1974
from the University of California at Irvine.
She received her Juris Doctor in 1977 from
Harvard Law School, and was admitted to
the State Bar of California that same year.
She was employed at the Department of
Justice through the Honors Program as a
trial attorney in the Civil Division before
becoming the Special Assistant to the .
Solicitor General, a position in which she
now serves. Ms. ·Fleetwood is a member of
the American Bar Association, the Na­tional
Bar Association, the National Con­ference
of Black Lawyers, the National
Association for the Advancement of Colored
Peoples, and Amnesty International. She is
active in the area of civil rights and interna­tional
human rights.
by Martha Fleetwood
Although the last ten years has seen an increase in the relative number of
minorities enrolled in the nation's law schools, the percentage of black Americans
in the legal profession remains lower than their presence in any other major pro­fession
except engineering. According to the 1970 United States Census, there
were only 3,236 black lawyers and judges, out of the total number of 260,066.
Therefore, although black Americans constitute over 11 percent of the general
population, they are just one and one-half percent of the lawyer population. As a
result, 'there is only one black attorney for every 5,736 black Americans, while
there is one white attorney for every 631 white citizens.
One reason for this under-representation, beyond the threshold problem of law
school admissions, is the difficulty that minorities have passing the bar exam.
Since 1970 there has been an increasing amount of attention focused on this issue.
At least 21 lawsuits have been filed in state and federal courts, challenging the ex­ams
on a variety of bases, but none has yet been successful. The thrust for these
suits has been the disparate passing percentage-rates between white and black ap­plicants.
For instance, in Ohio from 1969 to 1972, 82 percent of white applicants
passed the bar, compared to 37 percent of black applicants. In South Carolina,
from 1968 to 1972, 95 percent of white applicants passed the exam, while only 56
percent of the black applicants were successful. In Oregon, the pass rate for
whites from 1974 to 1978 was 81 percent, while the rate for blacks was 50 percent.
In Pennsylvania, from 1955 to 1970, 67 percent of all applicants passed the exam,
yet only 27 percent of the black candidates did so.
There has been little research done to identify the cause of this problem.
However, many of the explanations that have been posed were recently presented
in the August/September 1978 issue of Juris Doctor. One such untested explana­tion
is that the bar exams, like most tests applied to wide segments of the popula­tion,
are "culturally-biased", that they reward those skilled in majority culture
exam-taking techniques rather than in substantive knowledge. Another theory at­tacks
the exam itself, asserting that it tests for far more than a lawyer need know
to be a competent practitioner, making it "irrelevant" to the practice of law, and
creating an unnecessarily high threshold. Other explanations question the
preparedness of minority students admitted to law schools who do not receive any
remedial academic assistance while enrolled, and the economic conditions that re­quire
a high percentage of black students to work at non-legal jobs, both while in
school and while studying for the exam. Whichever theory may ultimately be
identified as the cause of the high failure rate among minorities, there is no doubt
that it is a significant factor which contributes to the small number of black
lawyers in the United States. The National Bar Association has recently been
awarded an LEAA grant to investigate this problem, and it is hoped that they will
be able to propose some solutions.
For those black Americans who survive the rigors of law school and do pass the
bar exam, the under-representation problem is not solved. It must now be con­fronted
in the search for suitable employment, as black lawyers are drastically
under-represented i11 the nation's law firms. Even the major New York, Los
Angeles, and Washington law firms have not hired more than a few black
attorneys, and these few are predominantly graduates of the nation's top-ranked
law schools. This under-representation is closely-linked to the lingering racial
biases of individuals. The attorney hiring process is a very intimate one, relying
on interviews and personal perceptions more than on objective data. Because
"race" is still a virulent issue in America, it is not a neutral factor in an interview.
(Continued on pa~e 9)
Louisville Law Examiner, October 24, 1978
A Letter to the Editors
Ladies and Gentlemen:
May I compliment you on your
editorial concerning the rule limiting
outside employment by law students.
It is hard to tell which makes the
least sense, the rule or the procedure
the School of Law is employing to
enforce it.
Over the years of my private prac­tice,
both my law firm and the title
insurance business, Lawyers Title of
Kentucky, with which I was asso­ciated,
employed law students on a
part-time basis. Exactly how many
were so employed escapes me, but it
was probably about two dozen or
more. All of them seemed to feel that
the work was a desirable supplement
to their study of law and furnished
valuable practical experience. Three
of them became my partners at one
time or another. The stupid rule
limiting outside employment denies a
student this sort of opportunity.
The University really ought to
make an effort to get the rule changed
by the accreditation authorities,
whoever they are. It is ·hard for me to
believe that substantial support
against the rule could not be organized.
The only reason I have ever heard for
the rule is to allow the students more
time to study. If more study is
desirable, then attack the problem
directly and require more study.
Nothing is necessarily gained by
eliminating other activities on the un­founded
assumption that time so
created would be used by the student
as study time. If the approach of
eliminating other activities is sound,
why not make the student certify that
he doesn't go out at night, doesn't
spend an unreasonable amount of
time eating and sleeping, and reads
nothing but law books. In a more
serious vein, there are many good
potential lawyers who simply have to
have the income from part-time
employment in order to be in law
school at all.
For my part, I would like to see a
law school have the guts to simply
tell the accreditation authorities to
go jump in the lake, and explain that
they refuse to downgrade their pro­cedures
to the point where it would
qualify for accreditation.
Hang in there! You may ac-complish
something.
Sincerely,
Richard C. Oldham
Judge, Jefferson Circuit Court
Second Division, Chancery
Branch
Local Abortion Ordinance
Prompts Panel Discussion
by Jerry Adair
The U of L Women in Medicine and the
Women's Law Caucus held a panel discus­sion
on the ordinance regulating abortion
recently passed by the Jefferson County
Fiscal Court. The discussion of the or­dinance
was organized for informative pur­poses,
but at times it verged upon becom­ing
an unprofessional rally for personal
opinions and attacks. It was obvious from
the catcalls and interruptions directed to
the "pro-life" speakers that the predomin­antly
female audience was against the or­dinance
from the start. The four panel­ists,
all male, were Dr. Frank Simon, Pro­fessor
Robert Stenger, Dr. Walter Wolfe,
and attorney Robert Heleringer.
Robert Heleringer, chairman of the
Lawyers for Life and one of the drafters of
the ordinance, said that the primary pur­pose
of the ordinance is to provide in­formation
to the pregnant woman, to her
husband if she is married, and to her
parents if she is a minor. It was noted that
this is for persuasive purposes only. The
woman seeking the abortion has the final
decision.
Mr. Heleringer, a graduate of U of L
School of Law, rattled a few cages when he
said that if the medical profession cannot
police themselves in the abortion practice,
then the legal profession will do it.
Dr. Simon, who specializes in internal
medicine, primarily attacked abortion on
his own religious grounds. He stated in his
"testimony" that since the time he was
"born again," God has directed him to
work against abortion. Dr. Simon's com­ment
on the reported miniscule death rate
due to illegal abortions in Kentucky evoked
visible anger and an immediate rebuttal
from his colleague, Dr. Wolfe.
Dr. Wolfe, who referred to this business
as the "abortion industry," pointed out
that the ordinance section prohibiting
abortion after the first trimester is a bit
troublesome because doctors are unable to
determine the time during gestation as ex­actly
as the lawyers and legislatures are
able to do.
Professor Stenger, who has taught con­stitutional
law at the U of L School of Law
for five years, avoided the controversial
moral issue of abortion, but soundly at­tacked
the legal ramifications of the or­dinance.
He noted that since the Kentucky
Supreme Court has held that counties can­not
create felonies, the ordinance will pro­bably
be challened because it contains
some penalties of up to $5000 in fines and
up to 20 years in prison.
Prof. Stenger also pointed out that the
required .filing of an individual abortion
report may be an invasion of the woman's
privacy. The report is to include such in­formation
as the patient's number, zip
code of the woman's residence, age, race,
number of previous abortions, and years of
her education.
The ordinance adopted by Jefferson
County is a modified version of one passed
in Akron, Ohio.
"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 pQint of view.
Letters to the editors should be typed and signed. The editors reserve the right to
edit letters for space consi.derations and for clarity.
There's a duty your books to replace
And failure's a breach on its face.
But now if you're slack,
And don't put them back,
Your name from the rolls they'll erase.
~W~rJLL
WOULD ANYONE LIKE SOME LEFf -OVER CAT FOOD?
... the last of a three part series.
In the last two issues of the Examiner, we have
asked our readers to provide homes for four kit­tens,
and their mamma, who had been living by
the law school annex for several weeks.
We are happy and relieved to announce that
homes have been found for each of the five felines.
There is still a bag of cat food left in the Examiner
office, however. If any of the new pet-owners
would like some extra cat chow, please stop by
the Examiner office some afternoon.
PROFESSIONAL
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Professional Lecturing Services, Inc., Suite No. 202, 310 West Liberty Street,
Louisville, Kentucky 40202
or call: (502) 584-6915
3
·-
4 Louisville Law Examiner, October 24, 1978
Is Reading for the Law
Making a Comeback?
by Greg Yopp
By now everyone knows that there is a
School of Law prohibition against day
students being gainfully employed for more
than 15 hours per week. But there are alter­natives
for those who feel the need to work
in excess of the allowable hours.
The most obvious alternative is the even­ing
division of the law school. Evening
division law students can work full-time
and still graduate from an ABA accredited
school. But there is still another alter­native,
though not as well known. Instead
of attending law school, it is possible to
enter the legal profession by "reading for
the law."
Students who read for the law in essence
become law clerks. Law readers apprentice
themselves to established attorneys, work
in various paralegal and administrative
areas, and read cases in their spare time.
Thus the term reading for the law. Follow­ing
the apprenticeship, the reader takes the
state bar exam along with those who have
graduated from law school. There is one
catch - reading for the law is not permit­ted
in Kentucky and 4i other states.
Prior to 1870, the "reading" method
was the road most attorneys took to enter­ing
the legal profession. (Thirty-one presi­dents
and 13 Supreme Court justices took
the reading approach into the legal profes­sion.)
In 1892, the American Bar Associa­tion
recommended a two-year course of
study. Five years later, the ABA changed
their recommendation to a three-year course
of study. By 1951, 35 states allowed students
to read for the law. In 1976, there were on­ly
II states that permitted some method of
reading for the law. Today, there are eight
states that allow a form of clerkship in lieu
of a law school degree. Five states, Califor­nia,
Mississippi, Vermont, Virginia, and
Washington, allow one to read for the law
entirely in place of attending law school.
Maine, New York, and Wyoming require
some law school attendance in addition to a
program of clerking.
Proponents of the reading method feel
there is a great need for apprentice pro­grams.
They suggest there is no training
ground in law school and that schools
don't teach students how to represent
clients.
There are many critics of the appren­ticeship
method, as evidenced by the many
states which have disallowed it as a method
of legal education. Whitney North
Seymour, Jr., the former chairman of the
Joint Conference on Legal Education and ·
former president of the New York State
Bar Association contends that office prac­tice
is not teaching. He, and other critics of
law reading programs, feel that legal
education as it should be is too complex
and specialized to be gained through
routine office work. The law involves so
much more today than it did when the
reading method was popular. Reading for
the law, says Seymour, is a dying method
that is out of date.
Critics of the reading method point to
statistics to show that over a 13 year period
in New York state, 89 law readers took the
bar exam and 26 passed. That was a 290Jo
pass rate for law readers. Over 75% of the
law school graduates during the same
period passed the bar exam. In Mississippi,
over the same 13 years, 350 people petition­ed
to read for the law, 28 eventually took
the bar exam, and only 14 passed. In 1973,
of the 29,903 total people admitted to the
bar, seven read for the law.
Even though not many law readers are
passing bar exams, the number of people
interested in reading for the law is growing.
In Virginia, there were 13 apprentices in
1971 and 65 in 1976. In Vermont, there
were two reading for the law in 1969 and 58
in 1976. The increase may be due to the
rapidly rising costs of law school and the
large number of law school applications.
Presently, those who manage to gain ad­mittance
to the bar following a reading
program find themselves limited to practic­ing
in the states that allow that approach to
legal study. However. there is a chance that
things may change.
Marc Feldman, a Virginia attorney,
wants to re-open the legal profession to the
system he followed. Feldman passed the
Virginia bar exam in I976 after following a
program of reading for the law. He has
recently brought suit to gain admittance to
the District of Columbia bar, which is closed
to him and other law readers as well as
graduates of law schools not accredited by
the ABA.
Feldman currently works for a District
of Columbia law firm, but maintains an of­fice
in Virginia since he is not allowed to
practice in the district. In June 1977,
Feldman petitioned the D.C. Court of Ap­peals
and he requested to be admitted to the
bar, or to be permitted to take the bar ex­am.
Eventually, his request was denied and
in June of this year, Feldman filed suit
against the Committee of Admissions for
the D.C. Court of Appeals.
The complaint alleges that the court's
refusal to admit Feldman unconstitutionally
deprived him of due process and equal pro­tection
of the law in that it dis­criminates
against those who have become
fit to practice law without acquiring an
ABA approved law degree. The complaint
also states a second cause of action - that
the Committee of Admissions for the D.C.
Court of Appeals is monopolizing the prac-
In the pictures above are SBA President Steve Arnett and the winners of the 1977-78 SBA Tennis
Tournament. Professor William Dolson is shown at top accepting his awards from Mr. Arnett. In
the bottom picture is Professor Albert T. Quick accepting his trophy.
tice of law and is restraining trade, both of
which are illegal under antitrust laws, by
limiting admission to the D.C. bar to
graduates of ABA accredited law schools.
If the Committee on Admissions is
found to have wrongfully monopolized the
practice of law, Feldman's suit could open
the door for those training in law offices
and unaccredited schools.
Following are the states that permit
reading for the law and their general ad­mission
citation:
• California requires a four year
program which can be entirely a
clerkship, or a combination of law
school and working. Cal. Bus. &
Prof. Code Section 6060.
• Maine requires two-thirds com­pletion
of ari ABA approved law
school plus one year in a law
office. Me. Rev. Stat. tit. 4, Sec­tion
801.
• Mississippi requires two years of
office study. Miss. Code Ann. Sec­tion
73 .5, 10.3, 1.
• New York requires at least one year
in an approved law school, for a
total of four years study. 22
NYCRR 520.1.
• Vermont requires a total of four
years of study, all of which can be
in a law office. Vt. Stat. Ann.
Section 901.
• Virginia requires three years of law
office study. Va. Code Section
54-42.
• Washington state requires four
years of study, all in an office or a
combination of office and school.
Wash. Rev. Code Ann. Section
2.48.010.
• Wyoming requires one year of law
school and two years of office
study. Wyo. Stat. Ann. Section
33-5-101.
In the next edition, we examine the other
end of the spectrum for admissions to the
bar-the diploma privilege.
Sue Boone
Runs Through
Law School
by Charles Walden
First, there's the paper chase. Then it's
serious running for Sue Boone, a third-year
U of L law school student who now has
26.2 miles of Chicago lakeshore under her
running shoes and new hope of putting the
Boston Marathon's heartbreak hill to heel
in 1980.
There's no room in her final year of law
school for the three hours of training each
day that she would need to prepare for the
Boston run next April.
Instead, there will be short races like the
six-miler through New Albany and Louis­vi
lle on Oct. 29. At least one other law
school student, Reggie Van Stockum, is
entered in that race.
Ms. Boone can handle the shorter runs
with an hour of training three times a week
with a longer weekend run of about 10
miles. Sometimes she trains with Van
Stockum, Karen Conrad or Alan Parsons,
who also are law school distance runners.
But usually it is a lonely run from her
Old Louisville home to either Iroquois or
Cherokee Park and back: a fun distance
when you know you can go out against the
pack in Chicago-8,500 runners-and
come back with an unofficial 17th place
fini sh among the 400 women entered.
That's what Ms. Boone did Sept. 24.
It was her fir st marathon though she had
some practice runs of 17 and 20 miles.
"I didn't hit that wall runners talk
about," Ms. Boone said, referring to the
overwhelming fatigue that many distance
runners experience about 20 miles into a
marathon.
"There was no all-the-sudden tiredness.
The first 18 miles or so were fun. Then I
realized I was in a race instead of just run­ning.
Somewhere after that there just seemed
to be a gradual drain of energy.
"I still feel a little sluggish when I'm run­ning,"
Ms. Boone said. "I didn't even run
the first week I was back. My knees were
sore."
The knees had required half an hour of
ice packs after the race, the first time she
had noted such pain from a race.
Louisville Law Examiner, October 24, 1978
Sue Boone, a third year student, is shown diligently practicing for her upcoming marathon compe·
titions.
But now she is pushing the five and six
mile training runs for speed, trying for a
solid pace between six and seven minutes
for each mile covered .
She set an 81/z -minute mile pace for
herself at Chicago, finishing in three hours
and 40 minutes. She'll have to trim that
some to qualify for Boston. No woman can
run there who hasn't run a 3:30 marathon.
Right now, however, the three extra
hours with the law books is more important
than the training time needed to trim the I 0
minutes to Boston. And she must add two
hours a night of sleep to her regular six
when she is training for the marathon .
The closest she's come to giving up on
running came after her first conscious
effort to become a jogger. That was a
barefoot run once around the U of L gym
in the spring of 1977, her first year in law
school.
But instead of quitting she bought a
good pair of running shoes and before long
was turning the mile at the outdoor track
with bored ease. She headed for longer
distances and changing scenery.
She was surprised by her own stamina­never
tested while a farm girl growing up
near Bardstown in Nelson County nor in
the male-centered sports program at Sellar­mine
where she received her BA in English
in 1972.
Even the once physically demanding
regime of the Peace Corps had been
modified by the time she entered. The em­phasis
had shifted to sharpening profes­sional
skills which she then applied to her
two years of teaching English in a Thai
5
government school on the Gulf of Thailand
south of Bangkok.
She was back from Bangkok, in law
school and uptight.
"It had been a hard winter, and I was
looking for exercise and a way to keep my
sanity in law school,'' she said.
She got serious about running that sum­mer.
Her first competition came in the fall of
I 977 ,_ a six mile race in Shelbyville. Ms.
Boone isn't sure where she finished­competition
and numbers still aren't her
main goals in running-but she knows she
averaged about 7 V2 minutes a mile.
Next was the New Albany Harvest
Homecoming where she was the only
woman to finish the six-mile event (two
others dropped out), and the 10-mile run in
Cincinnati with 500 women among the
3,000 runners. By then she was averaging
seven minutes a mile.
Her only other run before Chicago was
this year's Derby mini-marathon in which
she covered the 13 V2 miles in an hour and
35 minutes.
She began to think marathon, but not
Boston. That changed when the ice packs
came off in Chicago.
"I want to really compete when I go to
Boston," she said. "I would like to be run­ning
between six and seven minutes by
then. I want to run seven minute miles in
Boston."
That would put her well up in the pack
with a time near three hours.
She hopes to qualify in the Louisville
marathon next November. That means
she'll be training hard by late summer when
running in Louisville has the added pro­blem
of air pollution and humidity. There
are other problems.
Early in the morning it can be tight
muscles. At night it can be harassment
from tight people along the route.
"There is a lot of verbal harassment, and
there has been one incident of a person at­tacking
me."
She can outrun most of those. The air
pollution is different.
"Sometimes I just have to go to the farm
to run," Ms. Boone said. "You just gefthe
sensation you can't breath the stuff.
Sometimes I get a pain in my side when the
air pollution is real bad."
In her short career, the five-foot-three­inch
Ms. Boone has discovered that late
race fatigue is accompanied with the feeling
that her legs are getting shorter and
shorter.
"Sometimes my legs feel about three in­ches
long. I just think tall," she said. "And
lam."
Federal Judge Advocates Practical Experience
(Continued from page t)
experience through assisting attorneys who
have been appointed to assist indigent
defendants in the district court.
"This is directly the kind of program I
have been advocating," Chief Justice
Burger wrote to Judge Edelstein concern­ing
the Special Training Program. " I hope
it will lead other courts to study the pro­gram
and to consider programs of their
own."
None of the ideas above are truly new .
"Reading law" and apprenticeships were
an integral part of legal education until
some time early in the 20th century. Their
current popularity as teaching methods
arises out of concern over the alleged
decline in lawyers' practice skills.
Law schools, according to the lawyers
they produce, just don't cut it. A survey
often quoted by Mr. Burger and recently
reprinted in the Journal of Legal Education
(See Baird, A Survey of the Relevance of
Legal Trainin!!. to Law School Graduates,
29 J. Leg. Ed. 264 (1978) yielded the
following results:
I. Of the 1600 lawyers surveyed, 44 per­cent
said that law school was noi helpful in
training them to draft legal documents.
2. More than 60 percent of the lawyers
responding said that their education had
not prepared them to investigate and deal
with the facts.
3. According to 69 percent of those
surveyed, law school had not taught them
how to deal with clients.
4. Law school had not prepared them to
deal wi~h the problems of negotiating settle­ments
according to 77 percent of those
surveyed .
Justice Burger crystalized his recommen­dations
in an address presented before the
ALI last May. He urged an experiment
wherein law schools would cover the fun­damentals
within the first two years and
devote the final year to teaching the skills
of advocacy.
Under Mr. Burger's proposal the final
year of law school would be twelve months
long and require that the legal intern be
placed in a supervised working position,
again closely resembling the medical in­ternship
model. These interns would be ex­posed
to every phase of the legal process
from the initial client interview through
trial preparation and trial. They would
regularly interview witnesses and clients,
prepare statements and write motions and
memoranda.
Also, the third-year students would view
and critique actual trials under the supervi­sion
of their practicing and faculty mentors.
The University of Louisville School of
Law heard a similar suggestion in 1974,
long before criticizing the competence of
the trial court bar came into vogue. The
detailed proposal was included in a report
on the law school given to University Presi­dent
James G. Miller by a specially ap­pointed
"blue-ribbon" panel headed by
former Louisville mayor, Frank Burke.
Noting the inadequacy of U of L's
clinical program (the program now is
basically unchanged since 1974) the Burke
report suggested a supervised clerkship in­volving
10 hours per week in a law office,
court or government agency. All clerks
were to spend an additional two hours per
week with their working supervisor. This
work would be combined with a three hour
class requirement in which the student
would receive specialized formal instnic­tion
centered around the problems he was
dealing with in the internship downtown
and requiring substantial writing efforts. A
total of seven credit hours were to be given
for each semester of participation.
The Burke report noted that this was only
one suggestion out of many possible varia­tions
on the same theme and urged the
adoption of some kind of working intern-ship
at U of L. But, no such action was ever
taken.
Dean Wren was quoted in a Courier­Journal
article as being " . . . very much in
sympathy with what the judge (Samuel
Rosenstein) proposes," and saying that
such a proposal would likely be discussed
by the law school's curriculum committee.
So, possibly the Burke proposal or the
Rosenstein proposal or a hybrid of the two
will become the subject of debate, interest
and implementation at U of L.
U of L could distinguish itself by making
an advance beyond the norm of the
American law school, a path touted by the
Burke report:
"Langdell's pattern of the modern law
school is followed with extraordinary
regularity by the 150 American schools.
Even changes in the standard model- pro­blems
as well as cases, seminars as well as
large classes, investigation of the social and
economic significance of legal rules, and
most recently the various activities labeled
"Clinical"- have achieved legitimacy at
the "national" schools and then have gain­ed
acceptance elsewhere. The uniformity of
legal education in the United States may
pay more tribute to elitism and lack of im· .
agination than to the appropriateness of
the common model.''
6 Louisville Law Examiner, October 24, 1978
Students recently rode with Louisville police officers in a program sponsored by Phi Alpha Delta
legal fraternity.
ABOVE - Before starting his shift, Second
District Patrolman Mont Taylor goes over his
clipboard.
RIGHT - The Second District includes the area
around Market and Third where adult enter­tainment
theatres may be found. Here, officers
Taylor and Hart talk with a man in keeping an
eye on the downtown night life.
BELOW - After making the same patrol nu­merous
times, the patrolmen come to know all
the local waitresses. Here, Officers Taylor and
Hart banter with the waitresses at a restaurant
where they frequently stop.
Sponsored h\' PAD
Ride with Police Sparks
Rude Awakening in Student
Photos by
Pat Chism
by J. Frank Burnette
Phi Alpha Delta annually sponsors a
program allowing law students to ac­company
a city police officer in the per­formance
of his regular duties. The osten­sive
purpose of this mixing of disciplines is
to afford the prospective attorney the op­portunity
to acquire some firsthand
knowledge of the first step in the ad­ministration
of justice. The practical value
of t,his admittedly limited exposure seems
rather obvious to any student remotely in­terested
in criminal law.
I was one of many students who recently
took advantage of this opportunity, and as
a result feel duly enlightened. The ex­perience
brought to my attention several
tidbits of information, or pearls of wisdom
if you will, that I shall not soon forget. It is
hoped that this account of that experience
will induce the reader to sign up for one of
the rides next year.
On the evening in question I reported to
the 5th District station house as requested.
I haven't been consciously aware of so
many uniforms since I responded to a cor­dial
invitation from my local draft board.
My first impression was that there was no
way at least one of the "men in blue"
would fail to notice the spurious emana­tions
generated by my muffler.
Paranoia set in rapidly. I found myself
to be as nervous as a long-tailed cat in a
room full of rockers. "Yes sir" and "no
sir" seemed to be the only utterances
within my power, and I hastily devised a
defense for the hair that had grown down
to my collar.
My fears were unfounded, for soon I
found myself in a patrol car with two
uniformed figures who somehow seemed
rather human. After they made sure all the
necessary equipment was present, we were
on our way.
I immediately began screening everyone
we passed, making a great effort to take
mental notes of all suspicious and obnox­ious
personages. I wanted to make sure
that the officers would be appropriately
impressed with my astute powers of obser­vation
when the first violator was en­countered.
We didn't encounter so much as a
double-parked tricycle for quite some time,
so being a conscientious reporter I started
asking questions. After the press con­ference
became a casual conversation one
of the officers made a remark that failed to
register instantaneously. I later became
aware of the truth in it.
"A good portion of our job is public
relations," he said. He went on to talk
about situations that fell into that category
such as fights between spouses
neighborhood squabbles, bar brawls and s~
forth.
Frequently the police are called for the
sole purpose of bringing calm to confusion.
There may not be an actionable violation
of the law, and if there is, the odds are fair
that charges will not be brought by the
ABOVE-In the late afternoon, a downtown
employee left work to find his c~r window
broken and his .CB radio stolen. Off1cer Taylor
and the victim survey the damage.
BELOW RIGHT - At 10:00 p.m. a call comes
through telling the officers that an emergency
blood run is needed. Officer Taylor picks up the
blood and dispatches it to a county officer,
who then transfers it to where it is needed.
damaged party. The police are called upon
to prevent the flow of events from creating
a front page story. They can only do this by
interjecting an element of authority where
the deified power of human reasoning has
broken down.
The officer could have truthfully stated
that his job was an exercise in applied
psychology. Often a victim's pride is more
seriously injured than his person or property,
and he somehow manages to forget the
reference he made to the offender's
ancestry or sexual preferences. The of­fender
never forgets such remarks, and he
could not care less what Prosser says about
"mere words". If the officer can separate
the combatants long enough for their
pugilistic instincts to yield to reason he may
not need to exercise his legal authority
directly. Can there be any doubt that he has
earned his pay? I think not.
In the course of our conversation the
other officer stated that every call to res­pond
is potentially dangerous. I naturally
thought of the dangers involved in respond­ing
to a burglar alarm, a gang rumble or
some other inherently dangerous set of cir­cumstances.
No doubt such situations are
volatile and justify apprehension, but I was
honestly amazed to learn of the extent to
which the remark was applicable.
Our first call concerned a prowler with a
weapon. That could be anything from an
octogenarian walking through an alley with
a flashlight to a psychopath with a butcher
knife stalking adolescents. The officer has
no way of determining which possibility ex­ists
until he responds to the scene. Some
sense of prudence must be exercised, but
the officer has the responsibility of respond­ing
as rapidly as possible.
Although our particular call turned out
to be a false alarm, the element of danger
was nonetheless real. We responded
without a siren, but the blue lights were
flashing brightly all the while. In a six
block stretch of straight highway four cars
abruptly pulled out in front of us and
another refused to move to the side! You
just cannot stop and deal with these people
when responding to a call.
I prayed to two divine beings, cursed in
three languages and, in general, became
rather excited. My heart pounded pro­gressively
louder as it jumped into my
throat and my nervous system got more ex­ercise
in two minutes than in the past year.
I regained my equanimity a few minutes
later and was terribly embarrassed when in­formed
that we had not exceeded 50 miles
per hour. I later discovered that this har-rowing
experience was shared by other
students in my position.
When the shift was over I exchanged
pleasantries with the two officers and walk­ed
to my car. I stopped for a moment to
watch the new shift commencing as the
earlier one had done. A lone officer was
driving away in the cruiser we had just
vacated. As he turned north onto 4th Street
I silently wished him luck.
Defamation
Law Text
Published
7
(Philadelphia)-The American Law Insti­tute-
American Bar Association Committee
on Continuing Professional Education
(ALI-ABA) has established a new library
in the field of Torts, and the first .of
these books has just been released.
Modern Defamation Law, by Clarence
Morris Professor Emeritus at the University
of Pen~sylvania Law School, treats a diffi- ·
cult subject, concisely, practically, and
authoritatively.
Professor Morris, an advisor to The
:American Law Institute in its formulation
of Restatement of the Law of Torts, Second,
and a foremost expert in this field, pro­vides
a historical over'view and analysis of
our modern defamation law. He examines
the evolution of the laws pertaining to libel
and slander, presenting landmark Supreme
Court decisions against the background of
the common law that they displace.
Beginning with a review of "The Ab­solute
Privileges"-the freedom from lia­bility
or slander accorded to, among others,
state and federal legislators-the book pro­ceeds
to explore "The Constitutional Revo­lution
in Defamation Law." Among those
cases considered are "New York Times v.
Sullivan," which sets forth the concept'of
"actual malice" to cases involving "public
figures" as well as to those involving "public
officials," and "Gertz v. Welch," which
determined that private persons, too, must
establish the fault, a fault at least as great
as negligence, on the part of their defamers.
The latter half of the book deals with the
practical aspects of defamation law: the
matter of retractions and the counseling of
claimants. Concluding with a discussion of
salient "Policy Considerations."
Modern Defamation Law, 1978, Order
No. M146, a 76-page paperbound volume,
costs $7.00 plus $.48 for postage and hand­ling.
For further information or to order this
publication, please contact ALI-ABA, 4025
Chestnut Street, Philadelphia, PA 19104;
or telephone (215) 387-3000.
Pension and
Profit-Sharing
Series Out
(Philadelphia) - The American Law
Institute-American Bar Association Com­mittee
on Continuing Professional Education
(ALI-ABA) is publishing a comprehensive
series entitled Pension and Profit Sharing
Plans. The series is being published in
paperbound folios prepared by acknowl­edged
authorities in their fields. The first
eleven of forty-four folios are now available.
Edited by David C. Rothman, the series
will constitute a complete and authoritative
reference work on the laws applicable to
qualified pension and profit-sharing plans.
Almost every chapter, each prepared as a
folio, was the work of a practicing expert
in that field. The folios were subsequently
reviewed on the highest level.
The first eleven folios now available are
as follows: (I) Benefit Accrual Requirements,
(2) Integration of Pensions with Social
Security, (3) Qualified Joint and Survivor
Annuities, (4) Funding, (5) Accounting and
Auditing Problems in Employee Benefit
Plans, (6) Tax Treatment of Plans and
Participants, (7) Vesting, (8) Administration
and Enforcement of Titles I and II of
ERISA, (9) Rules Against DiscriminatJV .. ,
(10) Participation Requirements, and (II)
The Effect of ERISA upon Nonqualified
Deferred Compensation Arrangements.
For further information and prices, please
contact ALI-ABA, 4025 Chestnut Street,
Philadelphia, P A 191 04; or telephone (215)
387-3000.
8 Louisville Law Examiner, October 24, 1978
New Evidence Rules Due.?
FRA KFORT, KY.-A legislative
judiciary panel last month heard Robert
Lawson, professor of law at the University
of Kentuck y, testify that it would be a
" erious mi take" to adopt new federal
rules of evidence as state rules.
Lawson, an expert in the field, told the
Interim Joint Committee on Judiciary
Statutes that adoption of the federal rules
would lead to subtle but significa nt prob­lems
arising from differences between state
and federal law.
Lawson agreed that omething should be
done to make Kentucky rules of evidence
more accessible, since they currently are
" buried in hundreds of cases." He said a
committee of the bar was formed to look
into the problem, but ran into a controversy,
coupled with the desirability of allowing
"time necessary to absorb the changes of
the judicial article." Lawson said this
might not be the best time to make other
basic changes in the \yqem.
The panel voted to a uthori ze Rep. Jim
Lancaster (D-Lexington), committcL· . :. · . .
man, to approach the state Supreme Court
on the subject of exploratory work on
changing Kentucky rules of evidence.
In related action the committee approved
a motion to question the courts to deter­mine
possible difficulty related to the
sta te's 1978 "rape shield" law . Rep. Mark
Fitzgerald (D-Cynthiana) questioned the
possibility of inequity arising from situa­tions
in rape trials where evidence related
to an alleged victim's sexual background is
excluded, but where such evidence about a
defendant may be admitted.
Approval of the motion wa made over
the objection of Rep. Mary Ann Tobin (D­Irvington),
one of two women on the 23-
member committee. Tobin said she didn ' t
think the two areas of inquiry were com­parable.
News-In-Brief
An amendment to· the Kentucky Bar
Association By-Laws v.as approved this
year which provides for tv.o student
representatives from each accredited law
school in Kentucky to become e"<-officio
members of the KBA House of Delegates.
The Law Student Division representative
are not allowed to vote, but may parti­cipate
m all meetings of the Hou e and
erve as liaison between the student bod~
of the law school and the House of Dele­gates.
Louisville's two tudent repre en­tative
were elected at a recent Student Bar
A soc1ation meeting b} the Executive Com-mittee
of the SBA. The two new reprc~en­tatives
are \econd-ycar \ludent\ Matt Li,·­ingood
and Ken Ka.,aca,age.
The recommendation of the School of
Law Curriculum Committee that the
number of credit hour; required for
graduation be e\tendcd from 84 to 90 was
approved '~ithout opposition at the faculty
meeting held on October 4. The new re­quirement
\\ill apply to tran fer tudent
who enter the hool of Law in Januar~
19 9, and to fir t-year student '' ho enter
in the fall of 19 9.
STUDENT COUNSELING AND HEALTH CENTER
2207 Brook Street
(in the small , one-story building
near the Red Barn)
Hours: 8:00a.m.- 4:30p.m.
PHONE
Mental Health: 588-6585
Medical Health: 588-6479
These services are free of charge to all U of L students.
JAMES P. QUEENAN
2509 Savannah Road
Louisville. KY 40222
(502) 425·217 4
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Appearing • the Ill
Journal of Family Law
Volume 16, Number 4
Articles
THE TENDER YEARS DOCTRINE: SURVEY AND ANALYSIS
By Cathy J. Jones
The author discusses the tender years doctrine and the extent of its application
in child custody decisions. The article contains a state-by-state survey of statutes
and judicial decisions indicating the standards applied in each jurisdiction in making
custody awards. The author presents a challenge to and analysis of the constitu­tionality
of the doctrine applying U.S. Supreme Court standards developed in the
areas of due process and equal protection.
THE CHILD ADVOCATE IN PRIVATE CUSTODY DISPUTES:
THE WISCONSIN EXPERIENCE
By Marvin C. Holz
The article responds to the need for the representation of children in custody
disputes by providing an example of how the child's right to be heard can be
effected. The author presents guidelines developed in Wisconsin to assist attorneys
appointed as guardians ad litem . The guidelines, illustrating how Wisconsin has
implemented the legal rights of minor children of divorcing parents, address the
role of the guardian ad litem , use of social service report s. examination of the child,
custody determinants and compensation.
Notes
FOSTER CARE AND ADOPTION REFORM: AN OVERVIEW
The inadequacy of the present foster care system is recognized through the
analysis of recent federal legislative developments designed to prevent the need for
foster care and to increase the level of funding. Proposed legislation instituting
adoption subsidization is also examined.
FEDERAL I COME TAX CONSEQUENCES OF DIVORCE AND SEPARATION
The Tax Reform Act of 1976 made significant changes in tax law which directly
affect the federal income tax consequences of divorce and separation. This Note is
a valuable guide to the practitioner who, in seeking to maximize tax benefits, must
apply tax considerations to divorce and separation settlements.
THE LAW A DTHE PROBLEM PARE T: CUSTODY AND PARENTAL
RIGHTS OF HOMOSEXUAL, MENTALLY RETARDED, MENTALLY ILL
A Dl CARCERATEDPARENTS
The legal problems encountered by homosexual parents as parents, parents clas­sified
as mentally retarded, parents classified as mentally disturbed, and parents im­prisoned
after conviction of crimes are examined and evaluated through recently
reported custody decisions.
Case Notes
The following issues are presented and analyzed in the Case Note section: the
validity of an antenuptiAl agreement obtained by the husband through design, cogni­tive
planning, and concealment; disinterment of spouse's remains and removal to
another burial site over the objection of blood relatives; imposition of fines or orders
of resti tution as conditions of probation under the Federal Youth Corrections Act;
legality of an employer's policy compelling married female employees to use their
hu band's surnames on their personnel folders; and a cause of action brought for
wrongful death of an unborn child.
Recent Ca es
Over 50 recent cases are summarized in this issue of the Journal.
Indexes
Two indexes are included in this issue of the Journal of Family Law. Volume 16
is indexed by title, author, and by subject. A comprehensive subject index covering
Volumes 12-15 has been added as a new feature of the Journal. Both the subject
index of Volume 16 and the index of Volumes 12-15 have been expanded to include
Case Notes as well as Articles, Notes, and Book Reviews.
Freshman Statistics
by Schuyler Olt
This year's entering class to the school of
law generally reflects the school's desire to
elevate its academic stature and reduce its
physical size. The class registered 158 per­sons,
substantially less than previous years.
Of these, 55 were registered in the evening
division.
According to Dean Harold G. Wren, the
size of this year's class was reduced in
order to meet the standards of the previous
year. The faculty had authorized a class
size of 180, of which 158 eventually enrolled.
Of the 158 entering students, 131 were
Kentucky residents. However, a number of
students have since been able to gain
residency status, thereby bringing the law
school in line with the IOo/o limit on out-of­state
students. There were 41 women regis­tered
in the entering class.
Scholastically, the class carries a mean
grade point average (GPA) of 3.03 on the
4.0 scale, and a mean LSA T score of 589,
with a writing ability score of 56. By com­parison,
the entering class of 1977-78 had a
mean GPA of 3.03, and an LSAT score of
587 . Apparently the remarkable similarity
of the two years is not mere coincidence.
Finally, the evening division became the
first division in a number of years to post
an LSA T score above 600, its mean being
603 .
Louisville Law Examiner, October 24, 1978 9
Black Lawyers Under-utilized.?
(Continued from pa~e 2)
For instance, an aspiring black attorney may seek employment in a firm or
corporate legal office that has never before hired an attorney who happens to be
black. In this all-too-frequent situation, the firm openly considers such questions
as how clients will react to being represented by a black attorney, or how the
black attorney will be accepted on a social basis within the firm. The answers may
be negative, in which case the firm must decide whether to hire this competent
black attorney in a context where it perceives a potential business loss or other
discomforts stemming from such action. As long as skin color remains a
characteristic that is evaluated equally with writing and advocacy skills, black at­torneys
will face problems in the hiring process.
In firms where a black attorney has previously been employed, the interviewee
will be compared with this "other black attorney", who may or may not still be
employed by the firm. Again, "blackness" becomes a distinct criteria to be
evaluated equally with more relevant characteristics as "our last Michigan
graduate", "our other Rhodes scholar", or "our labor lawyers." The distinction
of "blackness" should have, obviously, little relevance to a lawyer's talents, and
it is certainly the one over which black individuals have the least control. The
solution to this problem, therefore, remains with the firms and offices who are
doing the hiring. It is incumbent on the interviewer to neutralize this factor, to
evaluate the applicant as an attorney on the basis of quality and skill, not race.
Racial jokes, racial stereotypes, and racial comparison have no place in the inter­viewing
process, where they are, unfortunately, frequently found, but they can
only be remo ed by he who has heretofore injected them-the interviewer.
Today's black lawyers face a further problem once they secure employment,
v hether it be with a private firm, business or the government. The overwhelming
issue then becomes one of "under-utilization". Under-utilization occurs in a
variety of ways and is accompanied by a variety of excuses, but its effect is always
the same. Black lawyers who are hired may find themselves being paid to perform
tasks that require little skill, or that are repetitive and eventually become boring,
like document searches, cite-checking, drafting answers, or filing court
documents. Each of these tasks is something that all attorneys must know how to
do, and should have experience with. Yet many black attorneys report that they
are repeatedly given the e imple assignment , while their white peers are asked to
perform more complex duties.
nder-utilization also occurs when a black attorney is assigned to one major
piece of litigation that will occupy his hours for months, preventing him from
receiving a variety of legal experience. A further problem that is frequently en­countered
by a newly-hired black attorney is that he will be given very little to do
at .all, or he will be assigned to some race-related matter, like employment
di crimination litigation or other ci il-rights work. The consequences of these
biased a ignment i two-fold. First, the young black attorney does not gain the
legale perien e or acumen that should be a consequence of his employment. Real
legal training is only gained by observation and practice. Therefore under-utiliza­tion
results in inexperienced black attorneys remaining inexperienced.
ond. and more in idiou , i the p ychological trauma that accompanies being
ignored in a law office. There is certainly no lack of legal work in any law office,
and to be looked-over when assignments are given to other lawyers is often inter­preted
by the attorney as a negative evaluation of his as-yet-untested abilities. His
self-confidence is easily undermined in this process, although his ability relative
to other attorneys in the office is not the real cause of his being passed over.
Thi under-utilization is caused by the same invidious reasons that cause under­employment:
negative racial images and lack of prior experience with black
attorneys. An as ignment partner or litigation supervisor to whom an attorney's
race is a factor to be noted equally with legal ability may casually pass over the
black attorney, because his race adds an extra element of the unknown when
assessing his ability to perform legal skills. When, as is frequently the case, the
supervising attorney has had no prior experience with black attorneys, he may
lack confidence in the ability of the newly-hired attorney, and therefore delegate
MICHIE.C?'
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
(S02) 583-8874 or 425-0834
to him only minor tasks until he feels that the black lawyer has "proven" his
ability. Where there is a presumption that the young white attorney is capable,
there is a question about the ability of the black lawyer.
These questions of ability are pervasive, for they must also be directly con­fronted
by the black attorney who wishes to start his own law practice. In a small
law office, the number of clients a practitioner can attract becomes critical. As
long as race is a factor that is evaluated along with ability black lawyers will not
be hired on an equal basis through retainers from corporations, or as outside
counsel by government agencies. The majority of black Americans are still poor,
so they cannot be turned to as a viable source of income for any sizeable number
of black practitioners. The small practitioner therefore may have little opportunity
to improve his skills beyond domestic relations or criminal defense work, if he is
unable to attract more demanding clients.
This quick survey of the problems confronting today's black attorney makes it
clear that as long as "race" is an issue in American life, it will create problems-for
black Americans. Becoming an attorney does not elevate a black American above
the problems that confront the black American community. Rather, each step
that he must take as an attorney is permeated by his skin color, so that what may
otherwise be a problem that all young attorneys face becomes especially signifi­cant
due to the black attorney's race. When a black lawyer fails the bar exam, he
must wonder not only whether he is really less-intelligent than those who passed,
but whether he need be more-intelligent than they are to achieve the same scores,
in order to compensate for the possible cultural-bias in the exam. When an aspir­ing
black lawyer applies for a legal position, he must not only worry about his
attractiveness to the potential employer on the basis of his skills, but he must also
question whether his race will be a negative factor, and how he can compensate
for it. Once hired, or ensconced in his own firm, the black attorney must query
whether his assignments and clients are providing him with an adequate variety
and quantity of experience, or whether his race is a factor in his being quietly
ignored. Race may be a factor that prevents a black attorney within a firm from
becoming a partner, or otherwise being promoted. It may be a factor in receiving
poor service in the courthouse, which creates an additional problem for the black
attorney who is seeking to competently represent his client.
The solutions to these problems are two-fold. As has been suggested, one solu­tion
is for those who are responsible for injecting race into the evaluation process
to remove it. The other is for black attorneys to confront the shadows of racism
wherever they may be lurking. As long as the bar-passing percentages are so
disparate, black aspirants should continue to file legal challenges to the process
and to search for the root causes of the problem. If an interviewer makes overt
racial comments and comparisons to an applicant, then he should be confronted
on an individual basis by the interviewee. If a black attorney is not receiving his fair
share of legal assignments, then he should actively demand more work, and use
his otherwise spare hours to participate in pro bono work and bar organization
activities. With conscious effort on the part of all members of the legal community,the
problems confronting black attorneys today could diminish rapidly before the
passing of many more tomorrows.
Where There's a Will. ..
(The Last Will and Testament of Herman Oberweiss, as offered for probate at the June,
1934 term, County Court of Anderson County, Texas. Reprinted from The Judicial
Humorist, edited by William L. Prosser.)
I am writing of my will mineselj that des lawyir want he should have to much
money he ask to many answers about the family. First think i dont want my
brother Oscar to get a god dam thing i got he is a mumser and he done me out of
four dollars fourteen years since.
I want it that Hilda my sister she gets the north sixtie akers of at where i am
homing at now i bet she dont get that loafer husband of hers to brake twenty
akers next plowing. She cant have it if she lets Oscar live on it i want i should have
it back if she does.
Tell mama that six hundret dollars she has been looking for ten years is berried
from the bakhouse behind about ten feet down. She better let little Fredrick do
the digging and count it when he comes up.
Pastor Ticknitis can have three hundret if he kisses the book he wont preach no
more dumhead talks about politics. He should a roof put on the meeting house
with and the elders should the bills look at.
Mama should the rest get but i want it so that Adolph should tell her what not
she should do so no more slick irishers sell her vaken cleaner they noise like hell
and a broom dont cost so much.
I want it that mine brother Adolph be my executer and i want it that the judge
should please make Adolph plenty bond put up and watch him like hell. Adolph
is a good bisness man but only a dump ph would trust him with a busted pfennig.
I want dam sure the schlaimial Oscar dont nothing get. Tell Adolph he can
have a hundret dollars if he prove judge Oscar dont nothing get that dam sure fix
Oscar. (Signed) Herman Oberweiss
10 Louisville Law Examiner, October 24, 1978
Jayes Award Established
To Memorialize )75 Grad
by Rick Masters
A number of the student prizes and
awards which are briefly described in the
Law School Bulletin represent tributes to
everal distingui hed U. L. law alumni who
have honorably served the legal profession.
One such award is the Memorial to the
late Robert C. Jaye, a 1975 graduate of
the U. of L. School of Law and member of
the Massachusetts State Bar who was
tragically killed in an auto accident near
Boston, Massachusetts in February of
1976. Mr. J aye ha been described by one
of his law chool clas mates as a man
whose personality wa characterized by an
abiding concern for the welfare of those
around him, whether his fellow students or
the people with whom he worked in the
community through his invol ement with
the Legal Aid Society and other comrn"'lity
activities.
As an expression of the high regard for
Mr. Jayes held by his law school class­mates,
his family and his friends, the
Robert C. Jayes Memorial Fund Account
was initiated in 1976 in conjunction with
the University of Louisville. The proceeds
of this fund were designated as an annual
cash award to the graduating senior from
the law school who best exemplifies the ,
qualities of friendship, concern, and
humanitarian perspective on the law, which
Mr. Jayes possessed . The award recipient is
selected by an awards committee, appointed
by the Dean's office and is presented in
May of each year.
White Award Honors Student
Who Attended School in '30's
by Valerie Salven
Robert Gabriel White did not fmish his
studies at the University of Louisville
School of Law. He never got the chance to
do so, because he was one of the many who
did not return ·from World War II.
When Robert's older brother Beverly
returned from the war, he decided that an
annual award to a graduating student at the
School of Law "would be the thing to do"
to honor the memory of the brother with
whom he had hoped to practice law one
day. The Robert G. White Award, a cash
award of 100 to a graduating enior, wa
establi hed. nd Be erly White reque ted
that the award " hould go to people who
are not necessarily good students, but who
seem to enjoy life, and enjoy school."
Robert White ' as born in Lexington,
Kentucky, on May 15th, 1920. He had two
brothers: Gilbert, who was 18 year hi
senior, and Beverly, who was II years
older than Robert.
Robert received his early schooling in
Powell County, where his father had at
various times served as circuit clerk, county
clerk, and sheriff. Robert's father was a
member of the bar, but never practiced
law.
When Robert was ready to enter high
school, the family decided that it would be
best for him to attend a high school in
Louisville. Gilbert, a mechanical engineer,
resided in Louisville at that time. Robert
lived in Gilbert's home while he attended
St. Xavier High School.
After graduJ.'i"n from high school,
Robert decided tv attend the University of
Louisville, and he hoped to enter law
school eventually.
He had completed a year at the School of
Law when it became apparent that the
United States might be headed for war.
There were rumors that a draft would be
started, so Robert discussed the situation
with his family when he went home for the
summer that year.
"Bob decided that he wanted to go into
the Naval Reserve Officer's Training
Corp," Beverly White explains, "and he
did so." Robert received his preliminary
training on a ship based at New York City,
and was eventually commissioned as an en­sign
in the naval reserve. He was im­mediately
assigned to active duty.
"His permanent assignment was with the
Asiatic Fleet," Beverly White recalls. "He
went to Manila in January of 1941. Of
course he had not been back to law school,
but intended to go back and graduate and
eventually practice with me. We had dis­cussed
that a number of times. He served
on some ship in Manila for a while and
then was assigned to a minesweeper-it was
a converted Chinese Riverboat-named the
'Penguin.' lt was based at Guam.
" 1 don't know how long Bob was based
at Guam, but certainly he went t0 ·':1e
'Penguin' in the spring of 1941 . We had a
lot of mail from him. They had two or
three typhoons and went to sea to ride them
out, and it was pretty rough going. It was
pretty obvious from Bob's letters-after
awhile they were censored-that the ten­sion
was getting to be great, and he had
mentioned that he had seen some of his
classmates at the reserve officer's school,
who had been assigned to other ships out
there. One of them was really in a very bad
frame of mind, and about to break up and
all of that because they were expecting
omething to happen. Everyone e pected it
except Franklin D. Roo evelt, I think.
''So, on the day that war broke out, Bob
was the gunnery officer on this little
minesweeper. It was in the harbor at
Guam. When the Japanese planes came
over, Bob and one of the seamen went on
deck and manned their machine guns, try­ing
to shoot at the Japane e plane . Bob
was shot down by the machine-gun fire
fro.m one of the Japanese planes and died
instantly. The seaman was wounded but
did not die at that time-! don't know
whether he eventually recovered or not.
The ship was bombed and .started sinking.
They were in the harbor, and they all got to
land there at Guam, and they took Bob's
body ashore. It was buried there in a
cemetery at Agana. All of the people on the
'Penguin', and in fact, all of the people
that he knew at Guam, were taken
prisoner.''
Two naval nurses were later e changed
for some Japanese diplomats, and the two
nurses talked to Robert's parent about the
events on Guam which led to Robert's
death.
In July of 1943 , four new dormitories
for Navy Trainees were dedicated on the
University of Louisville Belknap Campus.
The structures were named in honor of
four former students who were among the
first to be killed in action in the war. The
wood-frame buildings, which still stand on
the campus, were named Leopold Hall, Ot­ter
Hall, Menges Hall, and White Hall.
Beverly White served in the Army in
Europe during World War II. He resumed
his law practi(.:e in Winchester, Kentucky,
shortly after he returned from overseas
and later decided to initiate the Robert G:
White Award as an appropriate way to
honor his brother. Although records at the
School of Law do not indicate when the
award was started, Mr. White guessed that
he began giving the award in 1948.
Mr. White continues to practice in Win­chester
today, as senior partner in the firm
of White, McCann & Stewart. He received
his law degree from the University of Ken­tucky
in 1933, and one of his four
daughters, who also received her law
degree from UK, is a partner in his firm. A
second daughter is currently enrolled at the
UK 0'1lege of Law.
On Oct ? be~ 3rd the Lou isv~ll e Law Forum sponsored a noontime speech by George Atkins.
Mr. Atkms IS currently campa1gning for governor on the Democratic ticket.
The University of Louisville School of Law Placement
Office is available to assist you with your employment needs
either full-time or clerking. '
The Placement Office can arrange for on-campus inter­views
or the posting of a notice describing the firm and the
position available.
Clerking _______ or Full-Time _ ____ _
Firm Name Date -------
Address Phone --------
Person to Contact ___________ _ _ __ _
Job Description ________________ _
Hours _______ Salary ______ _
Job Qualifications _______ Begins _____ _
How to Apply _____ __________ _
Please contact:
Placement Office
University of Louisville
School of Law
Belknap Campus
Louisville, Ky. 40208
(502) 588-6638 or
(502) 588-6358
-
Louisville Law Examiner, October 24, 1978
Pictured from lefllo right are the semi-finalists "in the Moot Court Oral Competition: John Anderson, Lisabeth Hughes, John Tate and Kent Sub­lett.
Miss Hughes was the winner of the competition.
Lisa Hughes Wins Moot Court Orals
b~ Schu~ ler J. 011
Lisabeth Hughes has won this year's
Henry Pirtle Moot Court Competition.
The fina l rounds of the competition were
held October 7, 1978, in the Allen Court
Room at the School of Law. As winner of
the competition, h . Hughes wi ll receive a
fu ll scholarship for one ~cme~ter. Her op­ponent
in the finals, Kent Sublett. will
receive a half '>cholarship for one ~c mcqcr .
This year's case was Walkovik Brewing ,
Inc., v. Nickels Machine1:v, Inc. Walkovik
Brewing was a small, local, family -owned
brewery. In anticipation of the summer
season, the brewery decided to purchase a
new and faster bottle canning machine.
They chose a machine of the defendant's
which was capable of bottling 1000 bottles.
per hour. Defendant, a national manufac­turer
of such machines, sold Walkovik the
machine, adhering to the customary prac­tice
of the industry in selling the machine
"as is." The machine subsequently failed
to cap 1000 bottles per hour. Walkovik
brought suit seeking recovery on the basis
of strict liability in tort, negligence, and
breach of implied warranty. Summary
judgment was gra nted in favor of the
de fendant and Walkovik appealed .
Ms. Hughes argued for appellant in both
the fina ls and the semi finals . The basis of
her argument that strict products liabi lity
should apply in cases where the only loss
was economic loss unaccompanied by per­sona
l injury or property damage was three­fold:
that strict liability recovery should be
granted because the risk of defect was fo rced
onto plaintiff; that the "nature of transac­tion"
test should govern ; and that policy
considerations supported extension of
liability to defendant.
Mr. Sublett argued for the appellee in
both rounds of the competition, basing his
arguments on the Uniform Commercial
Code rules of warranty, and that strict
liability as sought would impinge on the
freedom of contract.
Professors James Raga n, Martin Levy,
and Leonard Jaffee heard and decided the
semifinal rounds, the first round being be­tween
Ms. Hughes and John Tate. John
Anderson faced Mr. Sublett in the second
round of the semifinals. Approximately 20
persons, mostly first-year students, attended
the two rounds.
The final round was heard by Dean
Harold Wren, Professor Nathan Lord, and
Professor Laurence Knowles. Dean Wren,
in announcing the split decision, praised
the four semifi nali sts for their success. He
referred to the decision as being very dif­ficult,
and one between "two superlative
arguments." Over 35 persons attended the
final round.
Professor Ragan, faculty advisor of the
Moot Court Board, was genera lly pleased
with the competition, and felt that the com­petitors
were well prepared to demonstrate
the background knowledge of the broad
policy aspects surrounding the case.
The competition was perhaps the last
vestige of the previous winter. According
to Professor Ragan, the quarterfinals were
carried over to this Fall because of the
delay caused by the University being closed
and on limited scheduling. Professor
Ragan has decided to hand out moot court
assignments to the first-year class on the
last day of classes this semester in order to
relieve the necessity of holding quarterfinal
competition in the Fall rather than the
Spring. It is not known at this time if
scholarship funds will be available for the
coming competition.
Professors Martin Lev~· and Leonard Jaffee judged the Moot Court Oral Competition semi-finals which were held in the Allen Court Room on Satur­day,
October 7th.
vee Seminar
Scheduled for
New Orleans
(Philadelphia)-New Orleans will be the
site of a Course of Study for lawyers on
Fundamentals of Secured Transactions. The
program is scheduled for November 9-10
and will be sponsored by the American Law
Institute-American Bar Association Com­mittee
on Continuing Professional Educa-tion
(ALI-ABA). '
This program is a basic course designed
for the lawyer or businessman who has
begun a career in commercial financing,
banking, leasing, factoring, creditors' rights
or bankruptcy in the past several years, and
for the experienced lawyer who practices
general business lliw or corporate law. It
will present a basic, thorough, and well­structured
review of the 1962 and 1972
official text of Article 9 of the UCC. The
review will include close statutory analysis
and an examination of the effect that Article
9 has had on commercial practice and pro­cedure.
Among the topics which will be considered
are: validity of the security agreement and
the rights of parties thereto; perfection of
security interests; filing, including where
and how to perfect a security interest by
filing a financing statement; rights of third ·
parties and rules of priority with respect to
perfec.ted security interests; and default.
The registration fee for the course is $185
and includes a reception, two luncheons,
and a specially prepared set of study materials.
For further information, or to register
for the course, please contact the Regis­trar,
ALI-ABA, 4025 Chestnut Street, Phil­adelphia,
PA 19104; or telephone (215)
387-3000.
New UCC
Text Emphasizes
· Practical Aspects
(Philadelphia)-The American Law In­stitute-
American Bar Association Com­mittee
on Continuing Professional Educa­tion
(ALI-ABA) has just published a de­finitive,
authoritative textbook entitled
Secured Transactions, by William B. Daven­port
and Daniel R. Murray.
The book is intended to .assist practi­tioners
in mastering the law of secured
transactions, as codified in Article 9 of
the Uniform Commercial Code. Article 9
has many complexities that frequently prove
to be pitfalls for the uninitiated. The text is
designed to lead to an understanding of the
organization and theoretical framework
that underlie Article 9 in ord,er to mini­mize
these complexities.
The organization of the volume generally
conforms to the structure of the ALI-ABA
Practice Handbook Secured Transactions­II
(Henson and Davenport, 1966). Two
chapters, however, have been added to
treat choice-of-law problems in greater
detail from both geographical (Chapter 5)
and chronological (Chapter 8) perspectives.
Chapters 2 and 3 devote considerable at­tention
to the several classifications of col­lateral
and to the special rules that apply to
each classification. Chapter 4 deals with
methods of perfection, with special emphasis
on the practical problems of the practi­tioner.
Chapter 6 discusses the rapidly
evolving case law dealing with rights on de­fault.
Chapters 7 and 8 consider priorities
and transitional problems respectively.
Secured Transactions, 1978, Order No.
U049, a 457-page hardbound volume, costs
$40 plus $1.75 for postage and handling.
For further information or to order this
publication, please contact ALI-ABA, 4025
Chestnut Street, Philadelphia, PA 19104;
or telephone (215) 387-3000.
12 Louisville Law Examiner, October 24, 1978
SBA Votes to Cancel
Faculty Evaluations
(Continued from pajle 1)
about expenses, I told them I would find
the money." The cost is about $20.00 per
semester.)
Mr. Arnett would prefer for SBA to con­tinue
to develop the forms and to be
responsible for distribution. However, he
acknowledged that "the evaluation process
involves a lot of time; it takes time to co­ordinate,
about ten minutes for each and
every class. That was a big complaint of the
executive committee although the major
factor was that they just didn't think it was
worth doing."
No file remains of the originators' con­siderations;
all that is available is a copy of
the first form used. Consequently, in work­ing
towards re-establishing the evaluation
program, Mr. Arnett in many ways, is
beginning from scratch. Part of his efforts
has been to work through the National
Association of Student Bar Associations,
an information-gathering service. From
them Mr. Arnett has requested about 100
sample forms used by other law schools "in
order to improve our evaluation process so
that it would be valuable to students."
In addition, Mr. Arnett believes that the
appointment of an evaluation committee to
co-ordinate the results and return them to
professors sooner would alleviate many of
the problems previously encountered. (The
April 1978 survey, for example, was not
available until earlier this month.)
Dean Lay indicated that if by majority
vote the executive committee doesn't act to
reinstate the program, the administration
will need to adopt its own procedure by late
Spring 1979.
Mr. Arnett would like to have the SBA
involved in distributing forms again as early
as the current semester's close, right before
finals; however, he recognizes that "the
outlook right now is not very good." When
his motion for reconsideration was put
before the executive committee, he was
unable to get a seconding vote.
Attorneys and Law Students:
Volunteer to read for the blind.
Recording for the Blind is the only source of textual materials for
post-high school blind students. They rely solely on volunteer
readers. There is a need for persons to read casebooks and other
legal materials. Your help will be greatly appreciated.
RECORDING FOR THE BLIND, INC.
240 Haldeman A venue
895-9068 (during business hours)
or 205 Strickler Hall
588-5856
Oct. 27
Oct. 27-28
Nov. 10-11
Nov. 17-18
Dec. 1-2
Dec. 2-16
Dec. 15-16
CALENDAR OF EVENTS
Louisville Bar Association Luncheon, Rodeway Inn; Recent
Developments in Creditors' Rights.
Continuing Legal Education, University of Louisville School of
Law, Masterson's Restaurant; Practicing Disabilities Law­Rights
of Handicapped Persons as to Schooling, Employment,
Treatment and Benefits.
Continuing Legal Education, University of Louisville School of
Law; Holiday Inn, Mayfield, Kentucky; The Practicalities of Tax­ation
As Applied to Wills and Trust Drafting, Post- Death Elec­tions,
and Tax Return Preparation.
Continuing Legal Education, University of Kentucky College of
Law; Law Office Management.
Continuing Legal Education, University of Louisville School of
Law, Masterson's Restaurant; Practical Labor Law.
Exam period.
Continuing Legal Education, University of Kentucky College of
Law; Domestic Relations.
Louisville Law Examiner
School of Law
Non-Profit
Organization
University of Louisville
Louisville, Kentucky 40208
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PAID
Permit No. 769
Louisville, Ky.
John M. Harlan Louis D. Brandeis
Louisville
Law Examiner
Volume4
Number3
October 24, 1978
Lisabeth Hughes
wins Moot Court
Competition
... page 11
Federal judge
advocates
legal internship
... pagel
The last will
and testament
of Herman
Oberweiss
... page 9