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Louisville Law Examiner Serving The University of Louisville School of Law Community Volume 6, Number 5 Louisville Law Examiner, January 8, 1981 Circulation 4100 The Supreme Court: A Once in a Lifetime Challenge by Tom Schulz Though an appellate attorney lives with adversary, constantly fielding the probing inquiries of the justice unimpressed with the arguments so carefully constructed, there is something special about confronting this challenge at I First St. NE, Washington, D.C. Or as Kevin McNally, Assistant Public Advocate of the Commonwealth of Kentucky's Office for Public Advocacy, put it: the U.S. Supreme Court "is unlike any other court. It has a sense of history." He reflected upon a visit there to watch an oral argument while still a student at the University of Louisville School of Law. McNally will get a chance to become a part of that "history" on January 14, the tentative date set for the argument in the case of Lonnie Joe Carter v. Commonwealth of Kentucky. It is a chance McNally characterized as "a once in a lifetime," and the challenge is one he readily accepts. Though McNaHy's experience may be considered meager by some standards, he has devoted the four years since passing the bar to almost exclusively appellate work at the Public Advocate's Office. And the U.S. Supreme Court is the kind of challenge "that gets my blood flowing," though it means more in-depth research, a few more hours to put in. Certiorari was granted in the case on one issue, an issue to which, McNally said, the Kentucky Supreme Court did not pay particular attention when the case was there for review. The issue concerns the policy of Kentucky courts to deny a requested jury instruction stating that a criminal defendant's failure to testify cannot be used an an inference of guilt and should not prejudice him in any way. The denial of such an instruction is attacked as a violation of the Fifth Amendment as incorporated by the Fourteenth Amendment. The impetus for this challenge came after the Carter case was assigned to McNally for appeal. He noticed that a "no inference" instruction had been requested and refused. That, coupled with the "chance" finding of a case, Lakeside v. Oregon, in advance sheets brought to light the federal constitutional argument to challenge the Kentucky position. The reasoning presented in Lakeside conflicted with the stand Kentucky was, and still is, maintaining, McNally explained. McNally said the facts of the Carter case illustrated the dangers inherent in the Kentucky position. The case McNally characterized as of the run-of-the-mill variety. Lonnie Joe Carter was arrested in Hopkinsville one night a short distance away Dr. Donald C. Swain Named U of L President Dr. Donald C. Swain, Academic Vice President for Systemwide Administration at the University of California, was named December I to be President of the University of Louisville. The leading candidate for the position following an 11-month nationwide search, Dr. Swain was approved by unanimous vote in a special meeting of the University's Board of Trustees. Woodford R. Porter, chairman of the Board, immediately named a contract committee to meet with Swain. Members of the contract committee are Porter, A. Wallace Grafton Jr., Gene P. Gardner, Steven R. Smith and David A. Jones. "We are most pleased to have been able to select an outstanding educator and administrator to be President of the University of Louisville," Porter said. "Dr. Swain brings an excellent background, exemplary record and fine-honed skills to our University. I am confident he and Mrs. Swain will be wonderful new additions to our community and our institution." "We are delighted and proud to become members of the University of Louisville community," Swain said. "This institution has a long and honorable tradition on which to build. With the assistance of the faculty, students, staff, and of course, the Board of Trustees, I will assume my new duties with confidence and enthusiasm." Swain will replace Dr. James Grier Miller as permanent University president. Miller retired Oct. I to accept a position as chief executive officer of the Center for the Study of Democratic Institutions, an intercampus organization of the University of California. Dr. William F. Ekstrom, Executive Vice President of the University, was named to be Acting President Oct. I. He continued in that position until Swain, 49, was inaugurated on January I, 1981. Swain has held administrative posts with the University of California since 1966, serving as Academic Assistant to the Chancellor at the Davis Campus from 1966-67; as Assistant Vice Chancellor of Academic Affairs and Student Affairs at the Davis Campus from 1972-75. He assumed his current post as Academic Vice President for Systemwide Administration with the University of California System in 1975. In that capacity he recommended budget requests to the state for academic programs of the University of California system, served as the liaison with the Academic Senate and the Student Body Presidents' Council, conducted long range academic planning and academic program review, allocated resources to campuses for academic programs, and oversaw library plans and policies, admissions, financial aid and university extension policies. Swain also dealt with. state agencies, testifying at legislative hearings on the budget and before the California Postsecondary Education Commission. He was responsible for all academic items presented to the Board of Regents and supervised the Outreach and Student Affirmative Action programs, the University Press, the Education Abroad Program and the Instructional Improvement Program. A native of Des Moines, Iowa, Swain . received his bachelor's degree from the University of Dubuque in 1953. He re-· ceived the master's degree in history in 1958 and the doctorate degree in history in 1961 from the University of California at Berkeley. from where two men had been seen in an alley behind a hardware store that was being broken into. After the arrest, Carter rested on his Miranda rights and maintained his silence until trial. When the trial began, Carter's attorney had in his opening statement all but intimated to the jury that Carter would testify. The circumstances of the arrest; being downtown near the scene of a burglary, in possession of a police band radio, and other circumstantial evidence, called for an explanation from Carter, and one he had intended to give. But Carter had one thing going against him, two prior felony convictions. If he testified, these convictions would be used to impeach him, and as he would have to admit their commission upon cross-examination, it would be tantamount to a guilty plea at the Prior Felony Offender hearing. In Kentucky, a person sentenced under the prior f~lony statute is subject to 10 years imprisonment without parole. Taking the stand was not worth the risk, Carter decided. He received 20 years anyway. McNally said the whole point is that there are valid reasons for not testifying, but with the lack of instruction the jury normally perceives the failure to testify as evidence of guilt, especially here where the circumstances warrant explanation. Though Carter had the right to remain silent, a~ McNally stated in his brief, prepared with the assistance of Gail Robinson, also a University of Louisville School of Law alumni and Assistant Public Advocate, "an essential aspect of this right is the necessary correlative principle that the defendant must suffer no penalty for the exercise of that right lest the right itself become meaningless." Kentucky is in the minority of six jurisdictions, more or less, which do not allow such a requested "no-inference" instruction. Despite this fact, McNally had only guarded optimism regarding his odds. "Any time they (the Supreme Court) grant cert, you've got a fighting chance," he said adding that, "only a fool would predict the outcome of a case.'' McNally became interested in criminal law and the Public Advocate's Office through his experience in Vincent Aprile's class. As enjoyable as he found that class, McNally said ''practicing law is a lot more fun than law school." But the excitement and hard work of preparing a case for oral argument before the U.S. Supreme Court is perhaps the second most challenging task he has faced. That is, he added reflectively, "after closing argument in a death penalty case." McNally had just recently won such an argument when in October a new trial and a second jury spared the life of Larry Otis Bendingfield, a client who had previously been exiled to death row. Jack 1-"aust conferred prior to commencement of trial. The two third-year students were plaintiff's allorneys in a personal injury suit. 2 Louisville Law Examiner, January 8, 1981 Louisville L'aw Examiner EDITORIAL BOARD Elizabeth S. Ward, Editor-in-Chief Tom Schulz, Managing Editor Craig Bell, Associate Editor Frank Bush, Associate Editor John B. Wright, Jr., Business Manager STAFF Scott Furkin, Photographic Editor Gerald "Bear" Schray, Artist Jeffrey L. Wade, Brandeis Brief Editor · Mike Brooks, Sports Editor Judge MARLIN M. VOLZ, Advisor Phyllis Malinski JoramSalig John Tate Kevin Ford Roy Wyatt Mike Smither Ann Baribeau 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, Kentucky 40208. Phone 502-588-6398. Letters to the Editor Dear Editor: Although I appreciate the space devoted to my letter to the editor in the November 10, 1980, issue of the Louisville Law Examiner, and although I recognize the right of editors to edit, I feel that the "editing" of my last sentence - the one which remained after I chopped a bit off the end which had condemned one of my fellows for unprogressive views concerning feminine ownership of real property - left a wrong impression. As it was rendered in the publication, it said • 'age thirty should be requisite for admission." What I had said in my letter to you was something like, "at times, I have opined that age thirty ... blah blah blah blah." Something like that. Your version made me seem more harsh than I care to be. While visions of sugar plums dance in my head, let me say that to put things in balance and perspective I will suggest to the rule-writers of the law school that it be age 40 which is mandated for ad-mission. Dear Editor: Sincerely, W. David Strait Fourth Year Night Your article on Kentucky prison litigation left the impression that Ollie Barker was and is lead counsel in the case involv-ing challenges to the conditions of confinement at Eddyville and LaGrange. Such is not the case. Mr. Barber is co-counsel for the Eddyville class with Richard Burr of the Southern Prisoners' Defense Committee in Nashville, Tennessee and Tom Banasynski of Louisville. Co-counsel for the class of inmates at LaGrange are Lloyd Anderson, Joe Elder and Alan Schmitt of the Legal Aid Society and myself. While Mr. Barber certainly has the longest experience with the case, Messrs. Burr, Anderson, Elder and Schmitt are equally responsible for the Consent Decree that was approved by the Court on May 28, 1980. Also, James Baker, Paul Isaacs and Barbara Willett, attorneys-- cur the--Bureau -o eorrections;-have been diligent in their representation of Defendants. Shawn Moore and Adjoa Burrow of the Civil Rights Division of the U.S. Justice Department, as amicus curiae, have refereed and still arbitrate many disputes. Finally, Judge Edward H. Johnstone has devoted hours of study to the issues raised in the case, and has seen personally the unjust conditions under which the Plaintiffs have -lived. A case of these dimensions is not a one-man show! Sincerely, Leslie W. Abramson Professor of Law William Kenealy (left) straightened his tie before addressin~ the jurl as Uell Le'l· his cocounsel, looked on. The two third-year students represented the defendant manufacturer in a products liability case. ~~Brandeis Brief,, Series Emerging Legal Issues Hazardous Waste Regulation in Kentucky by Ronald R. Van Stockum, Jr. Hugh N. Archer Hugh N. Archer is an attorney for the Kentucky Department for Natural Resources and Environmental Protection, Division of Hazardous Materials and Waste Management. A 1976 graduate of the University of Kentucky College of Law, he is a member of the Kentucky and Wisconsin bars. Prior to assuming his present position in the Department, Mr. Archer served as a litigator for the Office of General Counsel and as staff attorney for the Governor's Commission on Hazardous Waste. Ronald R. Van Stockum, Jr. is an attorney for the Kentucky Department for Natural Resources and Environmental Protection, Office of General Counsel. A 1979 graduate of the ,University of Louisville School of Law, he also holds an M.S. and a Ph.D. in biology from the University of Louisville; he received his B.S. from the University of Santa Clara. A member of the Kentucky bar, Mr. Van Stockum is primarily engaged in litigation. (This Brandeis Brief is in two parts. Part I deals primarily with the Federal Resource Conservation and Recovery Act of 1976. Part II, which will appear in our next issue, deals with the new Kentucky legislation and regulations and their interaction with the federal program.) Effective July 1980, the Kentucky General Assembly enacted a wide range of statutes to regulate the generation, transportation, treatment, storage and disposal of hazardous wastes within the Commonwealth. These laws were in response to two potent forces in today's society. The first was the vast public outcry and extraordinary media coverage of improper hazardous waste disposal such as New York's now infamous "Love Canal." In Kentucky the populace had already been faced with the dilemma of nuclear storage at Maxey Flats when national concern exploded at the discovery of 16,000 waste barrels at the "Valley of the Drums" in Bullitt County. Abruptly Louisville's new fifty-five million dollar Morris Foreman Wastewater Treatment Plant was found to be contaminated by the illegally disposed and poisonous pesticides precursers "HEXA" and "OCT A," causing illness in plant employees and shutting the plant down for six months while it was cleaned at a cost of two million dollars. Kentucky citizens were also seemingly faced with a surge of truck and train wrecks releasing hazardous compounds into the neighborhood and environment. The second moving force in the hazardous waste field was the Resource Conservation and Recovery Act (RCRA) of 1976. This monumental act, P .L. 94-580 (42 U .S.C. 6901 et seq.), was passed 369-8 in the House with Senate concurrence just three days later. President Gerald R. Ford signed the Act into law on October 21, 1976. The Act was amended in 1978 by the Quiet Communities Act and more recently by P.L. 96-482, signed by President Carter on October 21, 1980. The Heritage Foundation, a Washington, D.C. research institute preparing analyses and recommendations for President-elect Reagan's transition team, has recognized that the program may be dealing with the most serious environmental issue facing our nation today. The law contemplated "cradle to grave" regulation of hazardous waste and mandated that the Environmental Protection Agency embark on the largest regulatory program ever undertaken by that agency. Furthermore, the law enabled states which promulgated appropriate statutory and regulatory language to operate and enforce the federal program as it applied to hazardous waste. Federal monies were to be made available to encourage state participation. These two fac- . tors, public outcry and the RCRA, are the background upon which the Kentucky General Assembly acted. To effectively ·understand the Kentucky program it is necessary to review the provisions of the Federal Act. Due to the doctrine of pre-emption and to specific federal language, the state program closely mimics its federal counterpart. Until the state program receives "interim authorization" under RCRA to enforce the federal program, both the state and federal programs are in effect in Kentucky. Interim authorization is now expected to be granted in March, 1981. . RCRA is not a prohibition statute. 1 RCRA instead regulates hazardous wastes by imposing certain permitting procedures, performance standards and informational activities. The RCRA categorizes the parties handling hazardous wastes as generators, transportors, and facilities. Under §3010 of RCRA, EPA has registered 46,800 generators, 9,500 transporters and 30,300 facilities handling hazardous waste in the United States. They estimate that 35,000 metric tons of hazardous waste are produced in the United States each year. There are nine subtitles to RCRA.' The Act deals extensively with solid waste. The definitional sections that are most important are reproduced below: §1004 (5) The term "hazardous waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, (See Waste Regulation, page 3) Louisville Law Examiner, January 8, 1981 3 (Waste Regulation, Continuedfrompage1) or infectious characteristics may- (Emphasis added) "(A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or "(B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed." §1004 (27) · The term "solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923). (Emphasis added) It is central to the definition of "hazardous waste" that it is a "solid waste," which is any discarded material or material intended to be discarded whether solid, liquid or contained gaseous. §3001 of RCRA instructed the EPA to promulgate criteria for identifying and listing hazardous wastes. Subsequently EPA was to define its characteristics and list particular wastes. §3002 of RCRA instructed the EPA to regulate generators of hazardous waste by requiring recordkeeping, labeling, appropriate containers, transporter reports, manifests and government reports. Thus the generator's burd~n is informational, and the manifest, a document produced by the generator, must be passed with the waste via the transporter to the disposal site. §3003 of RCRA and the 1980 Amendments instruct both EPA and the Department of Transportation (DOT) to regulate transporters of hazardous waste and hazardous material. For hazardous waste the law requires, at a minimum, recordkeeping, proper labeling, compliance with the manifest, and disposal at a permitted site only. 3 The Act regulates both intra- and interstate transportation and combines regulatory activity already held by DOT through the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et. seq., with those activities contemplated by RCRA. §3004 of RCRA instructs RCRA to promulgate standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities. This section dictates the manner in which these facilities shall operate. At a minimum, regulations are to cover recordkeeping, reporting, monitoring, inspection, and compliance with manifests; operating methods; location design and construction; contingency plans; and qualification plans, including ownership, continuity, training and financial responsibility. This last criterion is tempered by statutory language dictating that entities demonstrating assurances of financial responsibility and continuity of operation shall not be precluded by it. §3005 of RCRA instructs EPA to promulgate regulations concerning permits for the treatment, storage, or disposal of hazardous waste. Note that generators and transporters are not permitted. Six months after the promulgation of regulations on May 19, 1980, (November 19, 1980) there is to be no disposal without a permit or "interim. status." "Interim status" is granted to existing facilities as of November 19, 1980 which have registered with EPA and meet interim performance standards specified at 40 CFR 265 of the regulations. §3008 of RCRA dictates federal powers of enforcement. Basically, penalties are as high as $25,000 a day for civil violations of the requirements of the Act and suspension or revocation of any permit. Criminal sanctions are available against anyone who knowingly a) transports hazardous waste to a non-permitted facility; b) treats, stores or disposes without having a permit; c) makes false statements or repesentations on documents complying with the Act; d) destroys or conceals records concerning hazardous waste. The 1980 amendments have expanded the definition of knowing to those who are (1) aware of the nature of their conduct, (2) aware or believe a circumstance exists, or (3) aware or believe that conduct is substantially certain to cause death or serious injury. These sanctions include fines of $50,000 and one year in prison for the first conviction and $50,000 and two years in prison for subsequent convictions. The 1980 amendments also include a Class E Felony amounting to $250,000 ($1,000,000 if an organization) and up to five years in prison for knowing endangerment, that state of mind where one knows that he places another person in imminent danger of death or serious bodily injury. Subtitle G ("Miscellaneous Provisions") of RCRA incorporates a bundle of legal actions worth noting. 27001, entitled "Employee Protection," details the protection afforded informants. 27002, entitled "Citizens Suits," allows for citizens to sue the government or violators of the act for its enforcement and potentially to receive costs regardless of outcome. 27003, entitled "Imminent Hazard," gives EPA immediate injunctive authority to restrain conditions presenting "an imminent and substantial endangerment to health or the environment ... " 27004, entitled "Petition for Regulations; Public Participation," allows any person to petition for the promulgation, amendment, or repeal of any regulation under the Act. RCRA instructed EPA to promulgate regulations pursuant to the Act within 18 months of the law's enactment. This deadline was missed as EPA struggled with the size and complexity of the new program. The state of Illinois, joined by many environmental and other state organizations, sued EPA to promulgate these regulations, and a compliance schedule was issued in Illinois v. Costle, 12 E.R.C. (See Waste Regulation, page 4) Dean's Dicta At the beginning of a new year (and, indeed, a new decade, according to many), it is appropriate to take stock of our law school's situation. In my view, the "state of the law school" was never better. Consider the following: • Accreditation. We have received an official notice from the Association of American Law Schools (AALS) that we are a "member in good standing." We hope to receive a similar letter from the American Bar Association (ABA) when we report the state of construction of our new facilitiesonApril15, 1981. Wearein nearly full compliance with all ABA standards. We do need some further development in the area of secretarial assistance for the faculty, and hope to receive funds for this purpose during 1981-82. • Faculty. The law faculty maintains the highest standards in the classroom, and is more productive than ever before. We have established a released time program to encourage research and writing, in addition to our established leave policy. Our median faculty salary is $1,014 above the national median of median base salaries, and $381 below the national median of average base salaries. • Library. We have a library staff of three professional librarians and four non-professionals. As of December 31, 1980, we had 106,910 volumes in our library. Upon completion of our new facilities, we will have space for a total of 260,000 volumes. • Bar performance. Our alumni continue to maintain the highest pass rate of any single group taking the Kentucky Bar Examination. Their performance on the last four examinations has been 89.80Jo, 97 .30Jo, 93 .30Jo and 90.60Jo. • Curriculum. The principal change in our curriculum has centered around the development of training in professional skills. In addition to the required first-year course in Basic Legal Skills, we have developed a series of elective courses and seminars to introduce fledgling lawyers to special skills (trial practice, counseling, advocacy, estate planning, etc.) important to their profession. By increasing the number of semester credit hours required for graduation from eighty-four to ninety, we have been careful to retain a fundamentally sound theoretical base in the curriculum. The thirdyear course in Professional Responsibility is required of all students. • Continuing Legal Education. We have fostered the development of a strong continuing legal education (CLE) program. Until its new facilities become available, the CLE program is temporarily operating from Shelby Campus. Dean Harold G. Wren • Placement. We are pleased with the progress of our effective placement program. The vast majority of our graduates are finding employment or establishing their law practice soon after graduation. Many of our students clerk for Louisville law firms while they are in law school. The faculty has recently increased the number of hours that Day Division students are permitted to work from fifteen to twenty hours per week. • Facilities. Our construction program has moved along rapidly, and will be completed during calendar year 1981. The library (west) wing will then be expanded and the entire facility will be renovated in time for the opening of the 1982-83 academi.c year. • Alumni and Development. Our Law Alumni Association remains active with a series of events during the current academic year. In early December, 1980, we conducted our third, and most successful, annual alumni telethon. The trustees of the Law Alumni Foundation advise the Dean on matters relating to development, and hope to lead a major fund drive in conjunction with the completion of our new .facilities. In sum, the School has established a firm foundation and entered into a period of stability. The nineteen eighties will present new opportunites for further development and strengthening of our program. Although our financial resources may be somewhat restricted in the immediate future, _there can be no doubt that, in the long run, the School of Law will move forward in carrying out its mission of providing the best possible legal education for the future lawyers of Kentucky. Yours respectfully, Harold G. Wren Dean Women Face Problems Being Accepted as Full Members Of Law School Faculties ABA Study Says While women appear to be making great strides toward integration into law school faculties, a number of barriers must be removed if they are to become full members of the law school community. That is the conclusion of a report released today by the American Bar Association's Section of Individual Rights and Responsibilities. The study entitled "The Integration of Women Into Law Faculties" was funded by the National Institute of Education and New York Law School. Project members spent a year gathering information from the faculty, administration and students of selected schools. The attitude of students towards women faculty members is one serious problem facing women law professors. Dr. Elizabeth Ashburn, director of the project, said, "Women tend to be viewed as less competent than their male counterparts." Ashburn pointed out that the students seem more likely to challenge women professors. This, she said, put additional performance press!lres on those teachers and often had a "snowball" effect. Copies of the study are available from the ABA's Section of Individual Rights and Responsibilities, 1800 M Street, N. W., Washington, D.C. 20036, (202) 331-2279. - ... .. 4 Louisville Law Examiner, January 8, 1981 Waste Regulation (Continuedfrompage3) 1597 (D.i>.C. 1979). On May 19, 1980, EPA issued the bulk of its hazardoUs waste regulations. • In a discussion of this length it is impossible to effectively deal with the mass of important detail described in the regulations. It has been confirmed in a number of analyses of the RCRA program that it will be more expensive to comply with than all other EPA programs combined and will impose such industry paperwork burdens as to raise EPA to first place in these governmental impositions. It is profitable, however, to discuss in some detail two important and central elements . of the regulations: identification and listing of hazardous waste, and the manifest. "Identification and Listing of Hazardous Waste" is designated 40 CFR Part 261. It reflects the statutory instructions of 23001 of RCRA and is broken into four subparts (A-D) and five appendices (I, II, III, VII, VIII). Subpart C lists the four general characteristics of hazardous waste: ignitability, corrosivity, reactivity and toxicity. Any waste which qualifies under any of these four gener~l characteristics is considered to be hazardous waste. If a waste has been found to be fatal to humans in low doses or in test animals, that waste will be designated as Acute Hazardous Waste. If a waste contains any of the toxic constituents listed in Appendix VIII, it is presumed to be hazardous subject to the demonstration that the ". . . waste is not capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of . . . '' Subpart D provides four lists of hazardous wastes covered by the program, including those already established to have the above-mentioned characteristics. They identify the waste and indicate the reason for its listing: 1) Hazardous waste from nonspecific sources. This list also identifies by number the general chemicals causing the wastes to be listed.' 2) Hazardous waste from specific sources. More specific than the previous list, it is likewise identified to the chemicals causing this classification. 3) Acute hazardous wastes. These specific chemical compounds have been found to be fatal in humans or test animals. 4) Toxic wastes. These specific chemical compounds are listed because they contain hazardous constituents. 6 Subject to a myriad of extensions and limitations, if a waste falls within any of the above general characteristics or lists, it is declared hazardous and subject to stringent RCRA control. On the "manifest" the generator must list all pertinent information describing the hazardous waste. The generator must also designate each transporter and identify the facility to which the hazardous waste is to be shipped. The generator must keep his copy and an executed copy returned to him from the facility for three years. The transporter shall not accept hazardous waste from a generator unless it is accompanied by a manifest, which he must then execute and return a copy to the generator. The facility, upon receipt of the hazardous waste, must also execute the manifest, returning copies to the generator and transporter. At each step the appropriate party swears to the proper legal handling of the shipment. A facility may accept hazardous waste without a manifest, but if it does it must submit a detailed report to EPA within 15 days. Generators and facilities must prepare detailed annual reports of activities and submit them to the EPA. FOOTNOTES I. Congress deals with prohibition through the Toxic Substances Control Act (15 U.S.C. 2601 et. seq.) and the Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 135 et. seq.). 2. The important dispositive subtitles concerning hazardous waste are "Subtitle A - General Provisions (§1001-1008)," "Subtitle C - Hazardous Waste Management (§3001-3013)," and "Subtitle G - Miscellaneous Provisions (§7001-7009). '' 3. There are more limited requirements for "products" such as hazardous materials which would meet hazardous waste definitions if spilled. 4. The following is a key to the parts of the Code of Federal Regulations (CFR) which reflect the sections of RCRA: 40 CFR Part 260- Definitions and General Provisions 40 CFR Part 261 - §3001 , Identification and listing 40 CFR Part 262 - §3002, Generators 40 CFR Part 263- §3003, Transporters 40 CFR Part 264- §3004, Performance standards for Treatment, Storage, Disposal Facilities 40 CFR Part 265- §3004, TSD FAcility Interim Status 40 CFR Parts 122, 124- §3005, TSD Facility's Permit 40CFR Part 123- §3006, Guidelines for Authorized State Programs; §3010, Preliminary Notification. 49 CFR Subchapter C Parts 170-179 - DOT Transportation Regulations 5. The chemical constituents are tabulated in Appendix VII . 6. Tabulated in Appendix VIII. NIGHT and DAY Third-year Burnout: Epidemic Proportions? by Roy Wyatt Evidence of the malady abounds. It was observed early in the semester in the faces of several once conscientious classmates as they stood in queue to buy "cans" at the university bookstore. The effects of the disease could be heard and seen in classes throughout the semester. Students called on to brief cases aloud called out "Pass" with greater frequency than the crowds at Fairgrounds stadium. Empty seats and students with faces that bore empty expressions were seemingly more commonplace than in the previous two years. The malady was diagnosed by one astute classmate as third-year burnout. The realization that I had also fallen prey came one night when I realized that watching a rerun of "Three's Company" provided all the intellectual challenge I desired. Third-year burnout apparently doesn't affect just evening students. Conversations with day students, also known as full-time students, and practicing attorneys indicate the malady is not confined to the evening division or to this law school. It is apparently a common affliction, born of fatigue and frustration, visited upon those who work hard and long for distant objectives. The third-year evening student, however, seems more intensely affected by it and by the accompanying realization that he or she is little more than half through the eight semesters required for graduation. Discussions with fourth Essay Contest Authors wishing to enter the 1981 Federation of Insurance Counsel Foundation Student Essay Contest must submit their entries on or before May I, 1981 with a letter indicating school and eligibility (2nd or 3rd year law student at ADA-accredited school). The subject for the essay is any insurance related subject, including trial practice of insurance litigation. Essays should be about 10,000 to 12,000 words in length and must be an original copy on 8 Y2" x 11" white paper. Footnotes and style should conform to "A Uniform System of Citation." The title, author's name and school should be typed on a separate sheet, and only the title on page 1 of the essay. No essays will be accepted unless prepared solely for this contest by one author, previously unpublished, and not year students, who seem to derive some perverse pleasure from reminding us of their impending graduation, provide little comfort. Neither does the realization that day students who began their law school careers on the same day that we did are now slightly more than one semester from graduation. The difference between the six semesters residence credit requirement for day students and the eight semesters requirement for evening st11dents has never seemed more formidable or arbitrary. Day students can rightfully object that they typically take greater class loads each semester. But many evening students with whom I have discussed this issue, point out that a day student can earn a full semester credit for enrolling in and passing 10 semester hours while an evening student who enrolls in and passes an equal or greater number of hours receives only the equivalent of three-fourths of a semester credit. Many of the same evening students have expressed the view that this disparity implies a difference in the quality of education between the divisions. Equalizing the semester residence requirements by lowering the number required for evening students would not, of course, remove all vestige of that belabored controversy. Nor would it mean all evening students would graduate in less than four years. The increased semester hours required to graduate early would prohibit many from choosing to do so. It would be nice, however, to have that choice. (Roy Wyatt is, obviously, a third year evening student.) submitted in any other contest. By submission each entrant thereby assigns to the Foundation all rights to the essay. It is the policy of the Foundation to return and release the assignment of the rights of all but the three winning essays and any other that the Editor of the Federation of Insurance Counsel Quarterly considers worthy of publication. First prize is $2,000, second prize is $1,000 and third prize is $500. An author of any other essay selected for publication in the Federation of Insurance Counsel Quarterly will receive an award of $250. CALENDAR OF EVENTS February 14 March 14-22 Aprill4 May 10 Valentine's Day Spring break · Last day of classes Commencement --------------------------------------------~ Placement News The following graduates of the Class of '80 have obtained positions . David Black has joined the law firm of Steers & Steers in Franklin, Kentucky. David Bruce Reynolds is a law clerk for Justice Marvin Sternberg. Olivia Fuchs has joined the law firm of Brown, Todd & Hayburn, Louisville. Peter Ostermiller has joined the law firm of Stallings & Stallings. Frances Niccolai has joined the law firm of Mapother & Mapother. David Payne is an attorney in the Public Defender's Office, Prestonsburg, Ky. Murray Porath has opened an office in the Seneca Office Bldg., 1711 Bardstown Rd. Sam Carl is an attorney in the Office of the Court of Appeals. Large TV Screen $1 OFF on 60 oz. Pitcher (with this coupon) ~~~~ l--------------------------------------------~ Louisville Law Examiner, January 8, 1981 . 5 Open Letter to the Law School Community The members of the National Moot Court Team would like to inform the Law School Community of the results of the Region IV competition held recently at T. C. Williams Law School in Richmond, Virginia. One of the teams composed of Sky Olt, Jerry Adair, and Stephanie Miller was defeated in the first two rounds by Duke Universtiy and Wake Forrest University. Their brief was judged the second best in the competition of 23 teams. The other team which consisted of Barbara Hartung, Bill Kenealy, and Charles Mullins, won both preliminarY' rounds, defeating West Virginia and the University of North Carolina. Their brief was fifth in the competition. They were defeated in the quarterfinals by the "A" team of William and Mary - which lost to the William and Mary "B" team in the finals by one-tenth of a point. The only other school to have comparable scores on both briefs was William and Mary, Averaging the brief scores, U of L had the highest school average in the competition. The team would like to recognize and thank the following individuals: 1.) Candy Anderson and Betsy Young for incredible patience, skill, and love in typing up our briefs. · 2.) Professors Read, Lord, and Ewald for assisting in the judging of preliminary orals and advice in general on the arguments. 3.) Those professors who forgot to take attendance on the various deadline days and during the tournament. 4.) Professor Gene · Teitelbaum, who decided the Law Library needed a CCH Commodity Reporter - which was coincidently what the problem this year involved. 5.) The Law School Administrtion for entering the teams in the competition and for their support. 6.) All the people who wished us well and supported us during the last three months. 7 .) And last, and foremost, James J. Ragan, our advisor. He gave us a sense of dedication we thought impossible - but then we'd never been flogged with a spare motorcycle chain or hung by our toes from the ceiling of the Allen Courtroom. Compared to him, the Marquis de Sade looked like Shirley Temple. He also was able to relax us in time for the orals and instill a sense of confidence in us. To those of you are first year students, it's true - you will come to realize Jim Ragan is human. He just doesn't like to admit it. In all seriousness, we feel we owe him a debt of gratitude for his ef- Seminar Gives Students Taste Of Real World Judge Charles Leibson's Courtroom Law and Technique I seminar allows senior law students an opportunity to participate in a series of mock trials. The first two months of the class are devoted to discussions of preparing a case for trial and of proper trial techniques. Each portion of a trial, from voir-dire through closing arguments, is reviewed and the appropriate techniques are outlined. But the time and effort of these first months do not go unrewarded. Come November one mock trial is staged each Saturday with students participating both as lawyers and witnesses. The opportunity to apply the techniques taught, the points raised and discussed, to see how they work "under fire" in the mock trials add a dimension to this seminar lacking in more traditional courses. It gives the student ''a taste of the real world.'' National Moot Court Team Scores High NatioiUll Moot Court Team members (left to right): Chuck Mullins, Jerry Adair, Btubara Hartung, Schykr Olt, Stephank Milkr and Bill Kenealy. · forts. Much of our success was based in large part on the score of our briefs, which reflects well on the legal writing skills program. He was relentless in demanding 'we meet deadlines, prepare thoroughly, and practice often. We came to : believe in ourselves and to demand excellence, both of ourselves and each other. As a result, when we reached the competition, we found we were prepared for almost every situation and question with which we were presented. Both teams performed well, and were defeated by teams which advanced to the quarterfinals and beyond. Without Mr. Ragan's support and encouragement, the results would have been much different. Again, we found it "interesting" to compete with teams from schools which put more time, emphasis, and money into their competition programs - schools which give students release time from class, schools which sponsor students in 5-IO different regional/national programs (expenses paid), schools which have 40-50 students try out for each of the above competitions and who then pool their research. Viewed in this light, we feel Mr. Ragan's accomplishment in developing a competitive team is that much more impressive. In any case, it was a lot of fun and a memorable experience. In truth, we had a six-person team who supported each other and represented the school in a manner of which we hope you are proud. Charles Mullins W. R. Kenealy Barbara Reid Hartung SkyOit Jerry Adair Stephanie R. Miller BRIEF SCORES 88 Campbell University, Petitioner 80 Duke University, Petitioner 87.3 · Duke University, Respondent 87 University of Kentucky, Petitioner 90 University of Kentucky, Respondent 88.5 91 85.5 83 87 83.6 84.6 82.5 91.5 87.5 82.3 82 87.5 79.3 82.5 88.5 89 90.3 University of Louisville, Petitioner University of Louisville, Respondent. University of North Carolina, Petitioner University of North Carolina, Respondent Northern Kentucky University, Petitioner Northern Kentucky University, Respondent University of Richmond, Petitioner University of Richmond, Respondent University of Virginia, Petitioner University of Virginia, Respondent Wake Forest University, Petitioner Wake Forest University, Respondent Washington & Lee University, Petitioner Washington & Lee University, Respondent West Virginia University, Petitioner West Virginia University, Respondent College of William & Mary, Petitioner College of William & Mary, Respondent Kevin Delahanty, co-counsel for defendant in a negligence action, interviewed prospective jurors during voir dire examination. Student lawyers and their classmates looked on. .. - 6 Louisville Law Examiner, January 8, 1981 University of Louisville School of Law Senior Bulletin '1980-81 To the Law School Community: Again it is our privilege to publish the Senior Bulletin, in which we briefly describe the achievements of our senior class. The members of the present class are not only the brightest that we have ever known, but are also the best trained. In recent years, the law school has increased the amount of skills training, as well as instruction in the theory of law which a student will acquire during his three years of professional education. The result is that our graduating seniors are better than they have ever been. We hope you will give serious consideration to the outstanding credentials of these young men and women. To the extent that they may become associated with you in the practice of law, we know that you both will profit in the years that lie ahead. Dean Harold G. Wren Adair, Kenneth J. The Senior Bulletin of the University of Louisville School of Law is published as a service to Kentucky's legal community and the 1980-81 law school graduates. The Student Bar Association is proud of the strong academic and practical legal training available at the University of Louisville. We feel this year's senior class is one of the finest in recent years. The calibre of this class is reflected through their individual academic records, service to the community, and their dedication to the study and practice of law. It is our hope this bulletin will serve to further acquaint you with the School of Law and assist you in employing additional legal •alent. You may contact these individuals dtrecliy, or make your needs known through the Law School's Placement Course. Kevin W. Delahanty President, Student Bar Association Harold G. Wren, Dean Norvie L. Lay, Associate Dean Steven R. Smith, Associate Dean 1910 South Third Street Apt. 190 B.A., Economics, Duke University, 1977; Participated in Mock Trial; News Editor for Louisville Law Examiner; Scholarship Award, Ashland Oil Foundation; Research , Corporate Changes; Work related experience, Ashland Coal, Inc., Office of Public Advocacy, Clerk. Expected graduation: May 1981. Louisville, Ky. 40208 (502) 635-7356 Age 23 Allen, John S. 715 Hunting Park Drive Louisville, Ky. (502) 966-3356 Age 25 Altman, Andrew N. 1217 Kentucky Towers Louisville, Ky. 40202 (502) 583-4286 Age 24 Atkinson, Jane C. 116 West Woodlawn Apt. 19 Louisville, Ky. (502) 367-8318 Age 29 Baker, Jerome Reid Jr. 1515 South Fourth Street Apt. 2 Louisville, Ky. 40208 (502) 634-1340 Age 24 B.A., Psychology, University of Kentucky 1977; Dean's List; Work related experience, U.S. Attorney's Office, law clerk . Expected graduation: May 1981 . B.A., Economics, Union College, Schenectady, New York 1978; Research Staff Editor for Journal of Family Law; Book Award in Contracts II; Staff of Louisville Law Examiner; Related work experience as clerk for Greenebaum, Dol l, and McDonald. Expected graduation: May 1981 . B.A., English and History, Western Kentucky University 1972; Staff Editor. Journal of Family Law; Book Awards. Property II , Contracts I; Scholarship Award 1977 and 1978; Member. Brandeis Society. Expected graduation: May 1981 . B.S., Accounting, University of Kentucky; Preliminary winner Moot Court Oral Arguments; Work related experience Law library, Law Clerk Jefferson County Attorney's Office. Expected graduation: May 1981 . Baker, Susan Bennett 800 South Fourth Street Apt. 1302 Louisville, Ky. 40202 (502) 583-4491 Age30 B.A. Cum Laude, Political Science, Emory University Ballard, Frank E. 424 Kensington Court Apt. 1 Louisville, Ky. 40208 (502) 636- 5885 Age30 Bell, Craig S. 1800 South Second Street Louisville, Ky. 40208 (502) 637-7848 Age 21 B.S., Political Science and History, Murray State Uni- Beyer, David J. 8138 Lake Terrace Louisville, Ky. (502) 426-5263 Age 25 Bowling, David J. 2515 Cottonwood Drive Louisville, Ky. 40222 (502) 425-4735 Age30 Britt, William J. 6103 Fox Hunt Court Louisville, Ky. (502) 228-8834 Age 24 Brooks, Michael E. 1910 South Third Street Louisville, Ky. (502) 637- 6988 Age 24 1971; Board of Directors, Law Forum; Book Awards, Decedents Estates I, Decedents Estates II; Dean's List; Graduate Research Assistant; Work related experience, Law Clerk, Sword, Floyd and Bohannan and U of L Local Government Law Center. Expected graduation: December 1980. B.A., Sociology, Indiana University 1976. Expected graduatidn: December 1980. versity 1978; President, International Law Society; Associate Editor, Louisville Law Examiner; State ViceChairman Kentucky College Republican Federation; Executive Vice-President, University of Louisville College Republicans; American Judicature Society Member. Expected graduation : December 1980. B.S., Police Administration, University of Louisville; Scholarship Award; Dean's List; Journal of Family Law; Work related experience, Nold, Mosly, Clare, Hubbard and Rogers. Expected graduation: May 1981 . M.B.A. , Business, University of Kentucky 1972; B.A., Accounting, Bellarmine College 1971 ; Moot Court Mentor; Work related experience, Tax manager of private firm . Expected graduation: May 1981. B.A., Criminal Justice, University of Florida 1978; Student Bar Association Committee Member; Dean's List; Scholarship Award; Research Assistant. Expected graduation: May 1981 . B.S., Police Administration, University of Louisville 1978; Student Bar Association . Class Representative, Member Honor Counctl; Student Bar Assoc1ation Uniform Gradtng Committee; Work related experience. Clerk, Morris. Garlove. Waterman and Johnson. Expected graduation: May 1981 . ,. Louisville Law Examiner, January 8, 1981 Browning, Renona C. B.A., Government. Western 2014 Highland Avenue Kentucky University 1978; Louisville, Ky. Member, Journal of Family (502) 458-3022 Law; Member/Clerk, Phi Age29 Alpha Delta; Law Forum, Secretary and Board of Directors; Book Awards, Civil Procedure I; Scholarship Award, Academic; Work related experience. Research Assistant. Expected graduation: May 1981 . Burnette, J. Frank Counseling Semi-finalist Box 233, Belknap Campus 1978 Pritle-Washer Com- University of Louisville petition: Louisville Law Louisville, Ky. 40292 Examiner Staff 1978-79; (502) 267- 5792 President Law Forum 1980; Age 29 Scholarship Award, Omicron Delta Kappa; Law B.A., Psychology, Univer- Student Division of Ken-sity of Louisville 1978; Member Phi Alpha Delta: Director, Problem Selec-tion Committee; Problem Coordinator: Judge for Moot Court Board; Client Bush, Frankie Lynn 1217 Kentucky Towers Louisville. Ky. (502) 583-4286 Age 26 Cannon, Alton 7301 Old Glory Court Apt. 2 Louisville, Ky. Age 32 Capasela, Ernest Michael 1910 South Third Street Apt. 380 Louisville. Ky. (502) 637-6988 Age 27 Carby. David W. 2639 Alanmede Road Louisville. Ky. (502) 458- 5081 Age 23 Carroll. Holly D. 4026 Poplar Level Road Apt 3 LOUISVIlle. Ky ( 502) 452- 1236 Aqe 24 tucky Bar Association , Representative 1979-80; Work related experience, Clerk U of L Law Library. Expected graduation: May 1981 . B.A., Psychology, Berea College 1975; Assistant Editor, Louisville Law Ex-aminer 1980-81: Scholarship Award Ashland Oil Foundation; Work related experience. Law Library Clerk. Ex-pected graduation: May 1981 . B.A., German, Western Kentucky University 1971; Moot Court Mentor; Dean's List: Work related experience. Internal Revenue. Expected graduation: December 1980. B.S .. Business Administration , Fairleigh Dickinson University 1975; Master of Public Administration . New York University 1977; Client Counseling 1980: Work related experience. Law Clerk United States Attorney Louisville. Ky . Expected graduation: May 1981 . B.S .. Corrections. Eastern Kentucky University 1977: Member Phi Alpha Delta: Vice-President. University of Louisville Kentucky Young Democrats: Work related experience. Law Clerk. Kentucky Department of Labor: Law Clerk Jefferson County Commonwealth Attorney . Expected graduat1on : May 1981 B.A .. Political Sc1ence. University of Dayton 1977: Journal of Famtly Law. Research Staff Ed1tor: Book Awards. Procedure II . Dean·s List three semesters: BrandeiS Society Scholar: Moot Court Mentor Expected qradur~tton May 1981 Castagno, Philip John 9605 Somerford Court Louisville, Ky. (502) 425-1082 Age 22 Cheek, Alan B. 1110 Forrest Street Louisville, Ky. ~0217 (502) 634-8446 Age 25 Coleman, Lee L. 1447 South Third Street Apt. 5 Louisville, Ky. (502) 634-4048 Age 23 Conyer, Sharon Lee 1823 South Third Street Apt. 6 Louisville, Ky. (502) 635-6118 Age 24 B.A., Speech Pathology, Sophie Newcomb of Tulane University 1978; Member, Journal of Family Law; President Delta Theta Phi; Finalist, Freshman Moot Court; Freshman Representative Student Cory, Lee Troutman Glenview, Ky. (502) 896-2704 Age 24 Cotthoff, David L. 702 Zorn Avenue Apt. 20 Louisville, Ky. (502) 896-6112 Age 24 D'Ambrosio, Joseph G. 930 Milford Lane Louisville, Ky. 40207 (502) 895-6278 Age 27 7 B.A., Economics, Universi-ty of Kentucky 1978; Treasurer of Delta Theta Phi; Moot Court Mentor; Work related experience, Law Clerk for David T. Albers. Expected gradua-tion: May 1981. B.S., Finance, University of Louisville 1977. Expected graduation: May 1981. B.B.A., Business Ad-ministration, University of Kentucky 1978; Scholarship, Boyd County Kentucky Bar Association . Expected graduation: May 1981 . Bar Association; Honor Council Alternate; Dean's List two semesters; PirtleWasher Scholarship for Oral Advocacy; Law School Senator; Languages-Spanish Law Student Representative for American Bar Association; Work related experience, Law Clerk, Curtis, Rose, and Parker; Law Clerk, Tarrant, Combs, and Bullit; Expected graduation: May 1981 . B.A., Political Science, Hollins College 1977; Moot Court Mentor; Work related experience, Clerk for Middleton, Reutlinger, and Baird. Expected graduation: May 1981 . B.S., History, Murray State 1978; Work related experience, Law Clerk, Commissioners of Sinking Fund. Expected graduation : May 1981 . B.A., History, Long Island University 1975; M.P.A., Business/Commerce, New York University 1978; Office in Delta Theta Phi; Work related experience, Legal Analyst in Government Law Center; Law Clerk in Jefferson County Attorney's Office. Expected graduation: May 1981 . ~ ~ --~~-~--~---- ---------------- -------- --------- ---------- 8 Louisville Law Examiner, January 8, 1981 - Delahanty, Kevin William 1501 Iroquois Parkway Louisville, Ky. (502) 368-1726 Age27 Dooley, Mary R. 2724 Aiedling Drive Apt. 1 Louisville, Ky. (502) 895-5969 Age 32 Erickson, J. Steven 4222 South 2nd Street Apt. 4 Louisville, Ky. (502) 367-2556 Age 25 Esposito, Shaun C. 420 Belgravia Court Apt. 1A Louisville, Ky. . (502) 637-2410 Age23 B.A., History, Spalding College 1978; Research Editor, Journal of Family Law: Associate Editor, Louisville Law Examiner; Book Awards Constitutional Law I; Ewen, Allen Campbell 1400 Walnut Lane Anchorage, Ky. 40223 (502) 245- 5373 Age23 Fifer, C. Gregory 44 Arctic Springs Jeffersonville, Ind. (812) 282-9228 Age23 Florman, Phyllis 1902 Tyler Lane Louisville, Ky. (502) 459- 1729 B.S .• Sociology, Portland State 1976; President, Student Bar Association; Preliminary winner Moot Court Oral Arguments; Work related experience, Law Court, Sam Deeb; Law Clerk Jefferson County Attorney's Office. Expected graduation: May 1981 . B.A. , Economics, Hollins College 1969; Moot Court Mentor; Representative Student Bar Association ; Work related experience, Humana Law Department. Expected graduation: May 1981 . B.S., Political Science, S.W. Missouri State University 1977; Work related experience, Investigator Title IVD, Missouri Department Family Services Division of Support Enforcement, Law Clerk for Barnett and Alagia. Expected graduation: May 1981 . Scholarship Award, First year; Moot Court competition First Round Winner, Mentor and Judge; Work related experience, Jefferson County Consumer Protection Department, Jefferson County Commonwealth Attorney's Office, Government Law Center University of Louisville. Expected graduation: May 1981 . B.A., Pol it ical Science, Kenyon College 1978; Journal of Family Law Candidate; Work related experience, Clerk, Ewen, Mackenzie, and Peden. Expected graduation: May 1981. B.A., History, Vanderbilt University 1978; Member Phi Alpha Delta; First year Representative Student Bar Association; Student Bar Association Social Committee; Student Government Association Election Committee; Work related experience, Clerk for Fifer, Vogt, and Lanum. Expected graduation: May 1981 . B.A., History-Government, Russell Sage College 1962; New York University G.S.A.S. 1962- 64; VicePresident Year Round Women's Committee of United Jewish Federation; President of P.T.A.; Coowner antiques business. Expected graduation: May 1981 . Ford, P. Kevin 3209 Robin Road Louisville, Ky. (502) 635-5921 Age 23 Fuson, Laurel 1628 South Third Street Apt. 2 Louisville, Ky. (502) 636- 2706 Age 24 Gardner, Randall L. 316 West Lee Street Apt. 5 Louisville, Ky. (502) 637-7959 Age23 Geoghegan, Terry L. 'A.A. 1 Boston, Ky. (502) 833-4770 Age25 Goodin, Robert Louis, Jr. 1515 South Fourth Street Apt. 2 Louisville, Ky. 40208 (502) 692- 4375 Age 26 Haley, Raymond C. 930 Breckinridge Lane Apt. C Louisville, Ky. 40207 (502) 893- 0976 Age 24 Harris, Ronald Dean 1813 Flintlock Drive Jeffersonville, Ind . 47130 (812) 283- 3194 Age 24 B.A., Political Science, University of Louisville 1978; Book Award, Property I; Dean's List; Moot Court Semifinalist; Student Bar Association Award of Appreciation. Expected graduation: May 1981 . B.A., Engl ish, Vanderbilt University 1976; Won first and second rounds of Moot Court Competition; Work related experience, Clerk City Law Department, Louisville, Ky. ; Law Clerk. Ewen, Mackenzie, and Peden. Expected graduation: December, 1980. B.A., Business Administration , Western Kentucky University 1978; Book Award Civil Procedure II; Work related experience, Clerk, Redford, Redford , and Gardner; Clerk, Tarrant, Combs, and Bullitt. Expected graduation: May 1981 . B. B.A., Business Administration, University of Kentucky 1977; Member of Phi Alpha Delta; Member Honor Council; Work related experience, Law Clerk to County Attorney in Meade County, including work on tax returns. Expected graduation : May 1981 . B. B.A., Business Administration, University of Kentucky 1976; Member Phi Alpha Delta; Book Awards, Tax I; Dean's List; Clerk, Sinking Fund of City of Louisville. Expected graduation: May 1981 . B.S. Zoology, University of Kentucky 1977; Member Delta Theta Phi; VicePresident of Student Bar Association; Dean's List; S.B.A. Student Representative to Faculty Committee; Work experience, General Clerking for Allen and Saunders; General Electric Co. Labor Law Internship. Expected graduation: May 1981. B.A., Political Science, University of Louisville 1977; Book Award, Civil Procedure I; Dean's List, Fall 1978, Spring 1979; Work related experience, Clerk for Robert E. Harris. Expected graduation: May, 1981 . Hartlage, William Edw. 815 Weller Louisville, Ky. (502) 637-4140 Age38 Hartung, Barbara Reid 6804 Cantrell Circle Crestwood, Ky. 40014 (502) 241-9334 Age34 B.A., History, University of Louisville 1967; Editor-in- Chief, Journal of Family Law; Member Phi Alpha Delta; National Moot Court Competition; Mock Trial; Book Awards, Con- Howard, Arthur W., ·Jr. 121 South Hampton Road Louisville, Ky. (502) 425-0631 Age24 Hupp,Randall 409 West Gaulbert Avenue Apt. 10 Louisville, Ky. 40202 (502) 637- 6149 Age 31 Kaukas, Gail 1866 Princeton Drive Louisville, Ky. (502) 451 - 0280 Age36 Kenealy, William A. 2127 Eastern Parkway Apt 4 Louisville, Ky. 40204 (502) 585-2101 Age 27 B.A. History, Ursinus College 1974; Vice- Kerlick, Patricia Ann 1815 Gardiner Lane Louisville, Ky. 40205 (502) 456- 2556 Age 33 Louisville Law Examiner, January 8, 1981 B.A., Business, Bellarmine College 1977; Work related experience, Public Defender. Expected graduation: December 1980. stitutional Law I; Scholarship Award, Pirtle- Washburn Competition; First in Freshman Year; Regional Finalist. Mock Trial Competition; Member, Brandeis Society; Work related experience, Summer Clerkship for Greenbaum, Doll, and Me- Donald. Expected gradua-tion: May 1981 . B.A., Political Science, University of Louisville 1978; Dean's List; Scholarship Award; Work related experience, Clerk-ing in Probate Practice and Real Estate. Expected graduation: May 1981 . B.A., Psychology, Marshall University 1972; M.A., Counseling, Marshall Uni-versity 1974; Dean's List; Military, U.S.M.C.; Work related experience. Ad-judicator, Veterans Ad-ministration (five years) . Expected graduation: May 1981 . A.B. , History, Spalding College 1965; First ViceJustice, Phi Alpha Delta; Board of Directors, Law Forum. Expected graduation: May 1981 . President Moot Court Board 1979-80; President Moot Court Board 1980-81 ; Louisville Law Examiner, Contributing Writer; Student Bar Association, Executive Committee 1980-81; Work related experience, Gittleman, Charney and Barber (Clerk). Expected graduation: May 1981 . B.A., Business, Murray State University 1968; Tribune, Delta Theta Phi; Chairman, Student-Faculty Adviser Committee; Dean's List; Work related experience, Assistant to Judge Marlin Volz, Research Assistant to Professor Ronald Eades. Expected graduation: May 1981 . ~- ---------------------~ Khouri, Michael A. 1401 St. James Court Louisville, Ky. (502) 634-9701 Age 30 · Klausing, Thomas A. 2314 Saratoga Drive Louisville, Ky. (502) 458-7044 Age30 Levy, Udell Barry 2557 Woodbourne Avenue Louisville, Ky. (502) 451-0848 Age23 B.A., History, Washington University 1978; Delta Theta Phi, Bailiff; Student Bar Association. Treasurer Liebermann, Talla 1464 St. James Court Louisville, Ky. (502) 635-7526 Age24 Luckert, Mary Elise 710 Iroquois Avenue Louisville, Ky. (502) 367-2559 Age24 Luken, David A. 3401 Dixie Highway Louisville, Ky. (502) 448-7016 Age 24 Lynch,J.Shannon 1650 Eastern Parkway Apt. 5 Louisville, Ky. (502) 459-8643 Age 26 9 B.A., Economics, Tulane University 1971; Member, Journal Family Law; Member Law Forum; Book Awards, Torts; Work related experience, Law Clerk for the General Counsel of American Commercial Barge Line Company. Expected graduation: December 1980. B.A., English, University of Kentucky 1971 . Expected graduation: December 1980. 1979-80; Ad Hoc Com-mittee for Uniform Grade System; Research Assis-tant; Student Represen-tative on Faculty Com-mittee; Work related ex-perience, Clerk, Missouri Civil Liberties Union (St. Louis); Clerk, Tarrant, Combs, and Bullitt. Ex-pected graduation: May 1981 . B.A., Political Science and Philosophy, Vanderbilt University 1974; Honor Council, Class Represen-tative 1979-80; Director, Student Legal Research Group 1980; Work related experience, Research Assistant. Expected graduation: December 1980. B.A., Political Science, University of Kentucky 1976; Dean's List 1977-78, Summer 1979; Scholarship Award, Recruiting 1977-78, Work Scholarship 1979-80; Work related experience, Faculty Research Assistant. Expected graduation: December 1980. B.A., History, Bellarmine College 1978; Book Award, Commercial Paper; Dean's List; Work related experience, Clerk for Taustine, Post, Berman, Fineman and Kohl. Expected graduation: May 1981 . B.A., Government, Centre College 1976; Work related experience, Clerk for Woodward, Hobson and Fulton. Expected graduation: May 1981 . .... .. 10 -- McBeath, Susan Z. 2304 Wetstein Avenue Louisville, Ky. 40205 (502) 452-9082 Age25 A.B., Russian, Dartmouth College 1976; Member, Delta Theta Phi; Articles Editor, Louisville Law Ex- McCormick, A. Keith 4607 Jo Lynn Drive Louisville, Ky. 40299 (502) 267-0817 Age 28 Marks, ScoH 1603 Gagel Avenue Apt. 8 Louisville, Ky. (502) 368-0703 Age25 Mautner, William S. 1630 South Second Street Apt. 119 Louisville, Ky. (502) 636-5717 Age 26 Miller, Stephanie R. 210 Claremont Avenue Louisville, Ky. 40206 (502) 897-2700 Age28 Myers, Jessie Wr:enn 498 Shoshoni Trail Louisville, Ky. (502) 893-1727 Age 34 Nally, R. Hite 409 Gaulbert Avenue Apt. 10 Louisville, Ky. 40208 (502) 637-6149 Age 29 Louisville Law Examiner, January 8, 1981 aminer 1977 -78; Law Forum Secretary 1977-78; Dean's List; Scholarship Award, Carl Mann; Law School Placement Officer 1977-79; Work related experience, Research Assistant to Professor Marlin M. Volz and Professor William F. Dolson. Expected graduation: December 1980. B.A., Comparative Language, Spanish, University of Kentucky 1974; Work related experience, Jefferson County Police Department, Patrolman and Paramedic; Commonwealth Attorney Internship Program; FOP Legal Aid Committee. Expected graduation: May 1981 . B.S., Police Administration, University of Louisville 1976. Expected graduation: December 1980. B.A., Business Administration, University of Wisconsin 1976; Staff Editor, Journal of Family Law; Member Phi Alpha Delta; SemiFinalist First Year Moot Court Competition; Scholarship Award, Carl Mann. Expected graduation: May 1981. B.S.C., Marketing, University of Louisville 1977; 6th Circuit Competition; Board of Directors, Law Forum; Work related experience, Research for Professor Nathan Lord. Expected graduation: May 1981 . B.A., Education, University of Kentucky 1973; Treas· urer, Phi Alpha Delta; Dean's List. Expected graduation: December 1980. B.A., Math and Accounting, Bellarmine College 1972; Law Forum, Treasurer; Work related experience, General Adjustment Bureau. Manager of Office and five years experience as insurance adjuster. Expected graduation: December 1980. Nitsche, James A. 1306 East Breckinridge Street Apt. 3 Louisville, Ky. (502) 587-1452 Age30 B.A., Business Administration, Geneva College 1971 ; B.S., Accounting, Universi- Nordmann, VIcki Knight 11918 Stevens Avenue Louisville, Ky. (502) 456-6231 Age33 Oehler, Kathlejane 1528 Southgate Avenue Louisville, Ky. 40215 (502) 363-5647 Age26 Olt, Schuyler J. 211-4 Fairfax Avenue Louisville, Ky. (502) 896-0598 Age24 B.A., Government, University of Virginia 1975; Manuscript Editor, Journal of Family Law; Clerk of Exchequer, Delta Theta O'Neill, Patricia Linne 7706-A Sundance Drive Louisville, Ky. (502) 426-7029 Age28 Osborn, John S., Ill 815 Circle Hill Road Louisville, Ky. (502) 896-9828 Age 23 Owen, Royene F. 1606 Ormsby Lane Louisville, Ky. 40222 (502) 425- 2082 ty of Louisville; Manuscripts Editor, Journal of Family Law; Night Moot Court Board Committee Member 1979; Book Awards, Property; Dean's List; Work related experience, Financial and Compliance Audit Supervisor, City of Louisville 1976-Present. Expected graduation: 1981. B.A., Sociology, University of Kentucky 1968; Book Awards, Torts IIA; Dean's List; Scholarship Award, Carl Mann. Expected graduation: May 1981 . B.A., Medical Technology, University of Louisville 1975; Administrative Editor, Journal of Family Law; Member Phi Alpha Delta; Student Bar Association, Second Year Representative; Dean's List. Expected graduation: May 1981. Phi; Mock Trial; Associate Editor, Louisville Law Examiner; Honor Council, Second Year Representative; Book Awards, Torts, Contracts, Criminal Law; Dean's List; Brandeis Scholar; Work related experience, Clerk, Boehl, Stopher, Groves and Deindoerfer. Expected graduation: May 1981 . B.A., Telecommunications, University of Kentucky 1976; Member, Delta Theta Phi; Dean's List; Work related experience, Clerk for Bennett, Bowman, Triplett, and Vittitow. Expected graduation: May 1981. A.B., History, Transylvania College 1978; Work related experience, Clerk for Tarrant, Combs, and Bullitt. Expected graduation: May 1981. B.S. and M.S., Nutrition, University of Illinois 1946; Work related experience, Faculty Member (seven years) , University of Illinois, Urbana, Illinois; Chemistry Teacher (eighteen years) Louisville, Ky. Expected graduation: May 1981 . Parsons, Mary Porter 3219 Marion Cour't Louisville, Ky. (502) 897-1967 Age 23 Pate, Michael T. 247 Pennsylvania Avenue Louisville, Ky. (502) 897-2622 Age 31 Ratliff, Leif c. 1134 Everett Avenue Louisville, Ky. 40204 (502) 451-4875 Age 24 Renfro, Kevin J. 419 Downes Lane Louisville, Ky. (502) 366- 9413 Age 22 B.A., Political Science, University of Louisville Salansky, Timothy J. 1337 South First Street Louisville, Ky. (502) 637-3434 Age 30 B.A., Political Science, North Central College 1972; M.S. English, Illinois State University 1978; Staff Editor, Journal of Family Law; Vice-President Moot Court Board; Moot Court Judge; Moot Court Mentor; Saltsman, John W., Jr. At. 4, Box 229 Bardstown, Ky. 40004 (502) 348-3047 Age38 Schray, Gerald F. 3203 Mildred Drive Louisville, Ky. (502) 448-4394 Age 32 Louisville Law Examiner, January 8, 1981 B.A., Political Science, Georgetown College 19?-P; Night Vice-President Moot Court Board; National Moot Court Competition; 6th Circuit Competition; Work related experience, Legal Department of Federal Land Bank, Internship in Commonwealth Attorney's Office. Expected graduation: May 1981 . B.A., Sociology, Sellarmine College 1973; Work related experience, General Electric Credit Corporation, Collection Coordinator. Expected graduation: May 1981 . B.A. , History, University of Louisville 1978. Expected graduation: May 1981. 1978; Executive Committee, Student Bar Association; Chairman, Honor Council; Moot Court Mentor and Judge; Library Committee; Work related experience, Law School Placement Officer; Clerk for Murphy, Mussier and Marks. Expected graduation: May 1981 . Moot Court Oral Arguments Preliminary Winner; Book Awards, Property I; Dean's List: Scholarship Award, Thomas Mann; Work related experience, VISTA Cook County Legal Assistance Foundation 1972-74; Clerk, Roehl, Stopher, Graves, and Diendoerfer. Expected graduation : May 1981. B.S.C.E., Engineering, Georgia Institute of Technology 1964. Expected graduation: May 1981 . B.A. , Philosophy, St. Joseph's College 1970; Moot Court Board Member; Artist and Writer for Louisville Law Examiner; Work related experience, Clerk, City Law Department. Expected graduation: May 1981 . II Shafer, Carol R. 1427 DeBarr Street Apt. 1 Louisville, Ky. (502) 589-6426 Age 26 Shelby, Linda C. 2107 Village Drive Apt. 6 Louisville, Ky. (502) 454-0508 Age 32 Stauble, Robert J. 3010 Leman Drive Louisville, Ky. (502) 491-0209 Age 23 Strait, W. David University of Louisville Louisville, Ky. 40292 (502) 588- 6588 Age37 Tate, John L. 274 Claremont Avenue Louisville, Ky. (502) 896-8679 Age 27 Thieman, Charles Kevin 3705 Downing Way Louisville, Ky. (502) 458- 3912 Age 24 Tow, Sheila V. 409 Kensington Court Louisville, Ky. 40208 (502) 637-1958 Age 23 B.A., Political Science, Indiana University 1978; Member, Delta Theta Phi; Secretary, Student Bar 11 B.A., Psychology, University of Louisville 1978; Journal of Family Law; Board of Directors, Law Forum. Expected graduation: May 1981 . B.A., English and Psychology, Western Kentucky University 1970; Work related experience, Student Legal Research Group. Expected graduation : May 1981 . B.A., Journalism, University of Kentucky 1978; Member. Phi Alpha Delta; Work related experience, Clerk, Mulhall, Turner, Taylor, and Hoffman. Expected graduation: May 1981 . Ph.D., American Studies, University of Hawaii 1975; B.A., E-nglish, University of Northern Iowa; Dean's List; Work related experience, University of Louisville Administration . Expected graduation: May 1981 . B.A., Literature, Wake Forest University 1969; M.A., Literature, University of Louisville 1971 ; Journal of Family Law, Articles Editor; 1978 Henry Pirtle Moot Court Competition; Dean's List; Brandeis Scholar; Washer Academic Scholarship Award; Moot Court Mentor. Expected graduation: May, 1981. B.A., Business Administration , Bellarmine College 1977; Work related experience, Service Bureau for Doctors. Expected graduation: May 1981. Association ; Dean's List; National Coordinator, Women's Law Caucus; Law Student Division of the American Bar Association; Treasurer of Women's Law Caucus, University of Louisville; Work related experience, Clerk, Allen and Saunders Law Firm. Expected graduation: May 1981 . . 11 .... _ Wainscott, Barbara Goodwin 2033 Eastern Parkway Apt. 1 Louisville. Ky. 40204 (502) 452-9352 Age 23 Ward, Elizabeth S. Route 2 Corydon, Ind. (812) 738-2592 Age 31 B.S., English, Indiana University, 1969; M.A., English, Indiana University, 1972; Vice Dean, Delta Theta Phi; Moot Court Board, Problem Selection Committee and Adviser; Welch, Sharon C. 2009 Terril Lane Apt. 24 Louisville, Ky. 40218 (502) 459-8770 Age35 Whetzel, Stanley W., Jr. 1516 Edgewood Place Louisville, Ky. Louisville Law Examiner, January 8.1981 B.A., Journalism. Wester.n Kentucky University 1976; Work experience. Full-time High School Math teacher, Field Hockey Coach. Expected graduation: May 1981. Editor-in-Chief of Louisville Law Examiner; Book Awards, Contracts II, De· cedents Estates I; Managing Editor of Journal of Law and Education; Scholarship Award, Law School Research Assistant, Delta Kappa Gamma; Work related experience, Intern in Prosecutor's Office and Child Support Investigator. Expected graduation: May 1981 . B.S., Sociology, University of Louisville 1977; Secretary and VicePresident Moot Court Board; Dean's List; Work related experience: Jefferson County Department for Human Services. Expected graduation: May 1981. A.B., English Literature, Duke University 1971 ; Member Moot Court Board; Moot Court Mentor; Honor Council; Work related experience, Faculty Research Assistant. Expected graduation: May 1981. Williams, Helene Gordon 4116 Sanford Avenue Louisville, Ky. (502) 458-6120 Age 28 Wright, John B., Jr. 9084 Timberview Way Louisville, Ky. (502) 636-5036 Age 23 Louisville Law Examiner School of Law University of Louisville Louisville, Kentucky 40208 B.S. Math Education, University of Cincinnati 1974; Treasurer, Moot Court Board; Dean's List; Chairman of Committee for Night Moot Court Program. Expected graduation: May 1981 . B.A., Finance, University of Tennessee 1978; Business Manager. Louisville Law Examiner; Dean's List; Scholarship Award; Assistant Track Coach; Work related experience, Kentucky Department of Labor, City Law Department, IRS Appellate Division. Expected graduation: May 1981 . Non-Profit Organization U.S. POSTAGE PAID Permit No. 769 Louisville, KY John M. Harlan Louis D. Brandeis Louisville Law Examiner Volume6 NumberS January 8, 1981 Dean's State of the Law School Address ... page3 Special Issue: Senior Bulletin ... pages 6-12 In the photo at right Leo Smith, Journal of Family Law candidate, works on a casenote during the holiday break.
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Title | Louisville Law Examiner 6.5, January 8, 1981 |
Alternative Title | Law Student Publications |
Contributors | University of Louisville. School of Law |
Description | The Louisville Law Examiner (1975-1991) was the second of three official University of Louisville School of Law student publications. |
Searchable Text | Louisville Law Examiner Serving The University of Louisville School of Law Community Volume 6, Number 5 Louisville Law Examiner, January 8, 1981 Circulation 4100 The Supreme Court: A Once in a Lifetime Challenge by Tom Schulz Though an appellate attorney lives with adversary, constantly fielding the probing inquiries of the justice unimpressed with the arguments so carefully constructed, there is something special about confronting this challenge at I First St. NE, Washington, D.C. Or as Kevin McNally, Assistant Public Advocate of the Commonwealth of Kentucky's Office for Public Advocacy, put it: the U.S. Supreme Court "is unlike any other court. It has a sense of history." He reflected upon a visit there to watch an oral argument while still a student at the University of Louisville School of Law. McNally will get a chance to become a part of that "history" on January 14, the tentative date set for the argument in the case of Lonnie Joe Carter v. Commonwealth of Kentucky. It is a chance McNally characterized as "a once in a lifetime," and the challenge is one he readily accepts. Though McNaHy's experience may be considered meager by some standards, he has devoted the four years since passing the bar to almost exclusively appellate work at the Public Advocate's Office. And the U.S. Supreme Court is the kind of challenge "that gets my blood flowing," though it means more in-depth research, a few more hours to put in. Certiorari was granted in the case on one issue, an issue to which, McNally said, the Kentucky Supreme Court did not pay particular attention when the case was there for review. The issue concerns the policy of Kentucky courts to deny a requested jury instruction stating that a criminal defendant's failure to testify cannot be used an an inference of guilt and should not prejudice him in any way. The denial of such an instruction is attacked as a violation of the Fifth Amendment as incorporated by the Fourteenth Amendment. The impetus for this challenge came after the Carter case was assigned to McNally for appeal. He noticed that a "no inference" instruction had been requested and refused. That, coupled with the "chance" finding of a case, Lakeside v. Oregon, in advance sheets brought to light the federal constitutional argument to challenge the Kentucky position. The reasoning presented in Lakeside conflicted with the stand Kentucky was, and still is, maintaining, McNally explained. McNally said the facts of the Carter case illustrated the dangers inherent in the Kentucky position. The case McNally characterized as of the run-of-the-mill variety. Lonnie Joe Carter was arrested in Hopkinsville one night a short distance away Dr. Donald C. Swain Named U of L President Dr. Donald C. Swain, Academic Vice President for Systemwide Administration at the University of California, was named December I to be President of the University of Louisville. The leading candidate for the position following an 11-month nationwide search, Dr. Swain was approved by unanimous vote in a special meeting of the University's Board of Trustees. Woodford R. Porter, chairman of the Board, immediately named a contract committee to meet with Swain. Members of the contract committee are Porter, A. Wallace Grafton Jr., Gene P. Gardner, Steven R. Smith and David A. Jones. "We are most pleased to have been able to select an outstanding educator and administrator to be President of the University of Louisville," Porter said. "Dr. Swain brings an excellent background, exemplary record and fine-honed skills to our University. I am confident he and Mrs. Swain will be wonderful new additions to our community and our institution." "We are delighted and proud to become members of the University of Louisville community," Swain said. "This institution has a long and honorable tradition on which to build. With the assistance of the faculty, students, staff, and of course, the Board of Trustees, I will assume my new duties with confidence and enthusiasm." Swain will replace Dr. James Grier Miller as permanent University president. Miller retired Oct. I to accept a position as chief executive officer of the Center for the Study of Democratic Institutions, an intercampus organization of the University of California. Dr. William F. Ekstrom, Executive Vice President of the University, was named to be Acting President Oct. I. He continued in that position until Swain, 49, was inaugurated on January I, 1981. Swain has held administrative posts with the University of California since 1966, serving as Academic Assistant to the Chancellor at the Davis Campus from 1966-67; as Assistant Vice Chancellor of Academic Affairs and Student Affairs at the Davis Campus from 1972-75. He assumed his current post as Academic Vice President for Systemwide Administration with the University of California System in 1975. In that capacity he recommended budget requests to the state for academic programs of the University of California system, served as the liaison with the Academic Senate and the Student Body Presidents' Council, conducted long range academic planning and academic program review, allocated resources to campuses for academic programs, and oversaw library plans and policies, admissions, financial aid and university extension policies. Swain also dealt with. state agencies, testifying at legislative hearings on the budget and before the California Postsecondary Education Commission. He was responsible for all academic items presented to the Board of Regents and supervised the Outreach and Student Affirmative Action programs, the University Press, the Education Abroad Program and the Instructional Improvement Program. A native of Des Moines, Iowa, Swain . received his bachelor's degree from the University of Dubuque in 1953. He re-· ceived the master's degree in history in 1958 and the doctorate degree in history in 1961 from the University of California at Berkeley. from where two men had been seen in an alley behind a hardware store that was being broken into. After the arrest, Carter rested on his Miranda rights and maintained his silence until trial. When the trial began, Carter's attorney had in his opening statement all but intimated to the jury that Carter would testify. The circumstances of the arrest; being downtown near the scene of a burglary, in possession of a police band radio, and other circumstantial evidence, called for an explanation from Carter, and one he had intended to give. But Carter had one thing going against him, two prior felony convictions. If he testified, these convictions would be used to impeach him, and as he would have to admit their commission upon cross-examination, it would be tantamount to a guilty plea at the Prior Felony Offender hearing. In Kentucky, a person sentenced under the prior f~lony statute is subject to 10 years imprisonment without parole. Taking the stand was not worth the risk, Carter decided. He received 20 years anyway. McNally said the whole point is that there are valid reasons for not testifying, but with the lack of instruction the jury normally perceives the failure to testify as evidence of guilt, especially here where the circumstances warrant explanation. Though Carter had the right to remain silent, a~ McNally stated in his brief, prepared with the assistance of Gail Robinson, also a University of Louisville School of Law alumni and Assistant Public Advocate, "an essential aspect of this right is the necessary correlative principle that the defendant must suffer no penalty for the exercise of that right lest the right itself become meaningless." Kentucky is in the minority of six jurisdictions, more or less, which do not allow such a requested "no-inference" instruction. Despite this fact, McNally had only guarded optimism regarding his odds. "Any time they (the Supreme Court) grant cert, you've got a fighting chance," he said adding that, "only a fool would predict the outcome of a case.'' McNally became interested in criminal law and the Public Advocate's Office through his experience in Vincent Aprile's class. As enjoyable as he found that class, McNally said ''practicing law is a lot more fun than law school." But the excitement and hard work of preparing a case for oral argument before the U.S. Supreme Court is perhaps the second most challenging task he has faced. That is, he added reflectively, "after closing argument in a death penalty case." McNally had just recently won such an argument when in October a new trial and a second jury spared the life of Larry Otis Bendingfield, a client who had previously been exiled to death row. Jack 1-"aust conferred prior to commencement of trial. The two third-year students were plaintiff's allorneys in a personal injury suit. 2 Louisville Law Examiner, January 8, 1981 Louisville L'aw Examiner EDITORIAL BOARD Elizabeth S. Ward, Editor-in-Chief Tom Schulz, Managing Editor Craig Bell, Associate Editor Frank Bush, Associate Editor John B. Wright, Jr., Business Manager STAFF Scott Furkin, Photographic Editor Gerald "Bear" Schray, Artist Jeffrey L. Wade, Brandeis Brief Editor · Mike Brooks, Sports Editor Judge MARLIN M. VOLZ, Advisor Phyllis Malinski JoramSalig John Tate Kevin Ford Roy Wyatt Mike Smither Ann Baribeau 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, Kentucky 40208. Phone 502-588-6398. Letters to the Editor Dear Editor: Although I appreciate the space devoted to my letter to the editor in the November 10, 1980, issue of the Louisville Law Examiner, and although I recognize the right of editors to edit, I feel that the "editing" of my last sentence - the one which remained after I chopped a bit off the end which had condemned one of my fellows for unprogressive views concerning feminine ownership of real property - left a wrong impression. As it was rendered in the publication, it said • 'age thirty should be requisite for admission." What I had said in my letter to you was something like, "at times, I have opined that age thirty ... blah blah blah blah." Something like that. Your version made me seem more harsh than I care to be. While visions of sugar plums dance in my head, let me say that to put things in balance and perspective I will suggest to the rule-writers of the law school that it be age 40 which is mandated for ad-mission. Dear Editor: Sincerely, W. David Strait Fourth Year Night Your article on Kentucky prison litigation left the impression that Ollie Barker was and is lead counsel in the case involv-ing challenges to the conditions of confinement at Eddyville and LaGrange. Such is not the case. Mr. Barber is co-counsel for the Eddyville class with Richard Burr of the Southern Prisoners' Defense Committee in Nashville, Tennessee and Tom Banasynski of Louisville. Co-counsel for the class of inmates at LaGrange are Lloyd Anderson, Joe Elder and Alan Schmitt of the Legal Aid Society and myself. While Mr. Barber certainly has the longest experience with the case, Messrs. Burr, Anderson, Elder and Schmitt are equally responsible for the Consent Decree that was approved by the Court on May 28, 1980. Also, James Baker, Paul Isaacs and Barbara Willett, attorneys-- cur the--Bureau -o eorrections;-have been diligent in their representation of Defendants. Shawn Moore and Adjoa Burrow of the Civil Rights Division of the U.S. Justice Department, as amicus curiae, have refereed and still arbitrate many disputes. Finally, Judge Edward H. Johnstone has devoted hours of study to the issues raised in the case, and has seen personally the unjust conditions under which the Plaintiffs have -lived. A case of these dimensions is not a one-man show! Sincerely, Leslie W. Abramson Professor of Law William Kenealy (left) straightened his tie before addressin~ the jurl as Uell Le'l· his cocounsel, looked on. The two third-year students represented the defendant manufacturer in a products liability case. ~~Brandeis Brief,, Series Emerging Legal Issues Hazardous Waste Regulation in Kentucky by Ronald R. Van Stockum, Jr. Hugh N. Archer Hugh N. Archer is an attorney for the Kentucky Department for Natural Resources and Environmental Protection, Division of Hazardous Materials and Waste Management. A 1976 graduate of the University of Kentucky College of Law, he is a member of the Kentucky and Wisconsin bars. Prior to assuming his present position in the Department, Mr. Archer served as a litigator for the Office of General Counsel and as staff attorney for the Governor's Commission on Hazardous Waste. Ronald R. Van Stockum, Jr. is an attorney for the Kentucky Department for Natural Resources and Environmental Protection, Office of General Counsel. A 1979 graduate of the ,University of Louisville School of Law, he also holds an M.S. and a Ph.D. in biology from the University of Louisville; he received his B.S. from the University of Santa Clara. A member of the Kentucky bar, Mr. Van Stockum is primarily engaged in litigation. (This Brandeis Brief is in two parts. Part I deals primarily with the Federal Resource Conservation and Recovery Act of 1976. Part II, which will appear in our next issue, deals with the new Kentucky legislation and regulations and their interaction with the federal program.) Effective July 1980, the Kentucky General Assembly enacted a wide range of statutes to regulate the generation, transportation, treatment, storage and disposal of hazardous wastes within the Commonwealth. These laws were in response to two potent forces in today's society. The first was the vast public outcry and extraordinary media coverage of improper hazardous waste disposal such as New York's now infamous "Love Canal." In Kentucky the populace had already been faced with the dilemma of nuclear storage at Maxey Flats when national concern exploded at the discovery of 16,000 waste barrels at the "Valley of the Drums" in Bullitt County. Abruptly Louisville's new fifty-five million dollar Morris Foreman Wastewater Treatment Plant was found to be contaminated by the illegally disposed and poisonous pesticides precursers "HEXA" and "OCT A," causing illness in plant employees and shutting the plant down for six months while it was cleaned at a cost of two million dollars. Kentucky citizens were also seemingly faced with a surge of truck and train wrecks releasing hazardous compounds into the neighborhood and environment. The second moving force in the hazardous waste field was the Resource Conservation and Recovery Act (RCRA) of 1976. This monumental act, P .L. 94-580 (42 U .S.C. 6901 et seq.), was passed 369-8 in the House with Senate concurrence just three days later. President Gerald R. Ford signed the Act into law on October 21, 1976. The Act was amended in 1978 by the Quiet Communities Act and more recently by P.L. 96-482, signed by President Carter on October 21, 1980. The Heritage Foundation, a Washington, D.C. research institute preparing analyses and recommendations for President-elect Reagan's transition team, has recognized that the program may be dealing with the most serious environmental issue facing our nation today. The law contemplated "cradle to grave" regulation of hazardous waste and mandated that the Environmental Protection Agency embark on the largest regulatory program ever undertaken by that agency. Furthermore, the law enabled states which promulgated appropriate statutory and regulatory language to operate and enforce the federal program as it applied to hazardous waste. Federal monies were to be made available to encourage state participation. These two fac- . tors, public outcry and the RCRA, are the background upon which the Kentucky General Assembly acted. To effectively ·understand the Kentucky program it is necessary to review the provisions of the Federal Act. Due to the doctrine of pre-emption and to specific federal language, the state program closely mimics its federal counterpart. Until the state program receives "interim authorization" under RCRA to enforce the federal program, both the state and federal programs are in effect in Kentucky. Interim authorization is now expected to be granted in March, 1981. . RCRA is not a prohibition statute. 1 RCRA instead regulates hazardous wastes by imposing certain permitting procedures, performance standards and informational activities. The RCRA categorizes the parties handling hazardous wastes as generators, transportors, and facilities. Under §3010 of RCRA, EPA has registered 46,800 generators, 9,500 transporters and 30,300 facilities handling hazardous waste in the United States. They estimate that 35,000 metric tons of hazardous waste are produced in the United States each year. There are nine subtitles to RCRA.' The Act deals extensively with solid waste. The definitional sections that are most important are reproduced below: §1004 (5) The term "hazardous waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, (See Waste Regulation, page 3) Louisville Law Examiner, January 8, 1981 3 (Waste Regulation, Continuedfrompage1) or infectious characteristics may- (Emphasis added) "(A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or "(B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed." §1004 (27) · The term "solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923). (Emphasis added) It is central to the definition of "hazardous waste" that it is a "solid waste," which is any discarded material or material intended to be discarded whether solid, liquid or contained gaseous. §3001 of RCRA instructed the EPA to promulgate criteria for identifying and listing hazardous wastes. Subsequently EPA was to define its characteristics and list particular wastes. §3002 of RCRA instructed the EPA to regulate generators of hazardous waste by requiring recordkeeping, labeling, appropriate containers, transporter reports, manifests and government reports. Thus the generator's burd~n is informational, and the manifest, a document produced by the generator, must be passed with the waste via the transporter to the disposal site. §3003 of RCRA and the 1980 Amendments instruct both EPA and the Department of Transportation (DOT) to regulate transporters of hazardous waste and hazardous material. For hazardous waste the law requires, at a minimum, recordkeeping, proper labeling, compliance with the manifest, and disposal at a permitted site only. 3 The Act regulates both intra- and interstate transportation and combines regulatory activity already held by DOT through the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et. seq., with those activities contemplated by RCRA. §3004 of RCRA instructs RCRA to promulgate standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities. This section dictates the manner in which these facilities shall operate. At a minimum, regulations are to cover recordkeeping, reporting, monitoring, inspection, and compliance with manifests; operating methods; location design and construction; contingency plans; and qualification plans, including ownership, continuity, training and financial responsibility. This last criterion is tempered by statutory language dictating that entities demonstrating assurances of financial responsibility and continuity of operation shall not be precluded by it. §3005 of RCRA instructs EPA to promulgate regulations concerning permits for the treatment, storage, or disposal of hazardous waste. Note that generators and transporters are not permitted. Six months after the promulgation of regulations on May 19, 1980, (November 19, 1980) there is to be no disposal without a permit or "interim. status." "Interim status" is granted to existing facilities as of November 19, 1980 which have registered with EPA and meet interim performance standards specified at 40 CFR 265 of the regulations. §3008 of RCRA dictates federal powers of enforcement. Basically, penalties are as high as $25,000 a day for civil violations of the requirements of the Act and suspension or revocation of any permit. Criminal sanctions are available against anyone who knowingly a) transports hazardous waste to a non-permitted facility; b) treats, stores or disposes without having a permit; c) makes false statements or repesentations on documents complying with the Act; d) destroys or conceals records concerning hazardous waste. The 1980 amendments have expanded the definition of knowing to those who are (1) aware of the nature of their conduct, (2) aware or believe a circumstance exists, or (3) aware or believe that conduct is substantially certain to cause death or serious injury. These sanctions include fines of $50,000 and one year in prison for the first conviction and $50,000 and two years in prison for subsequent convictions. The 1980 amendments also include a Class E Felony amounting to $250,000 ($1,000,000 if an organization) and up to five years in prison for knowing endangerment, that state of mind where one knows that he places another person in imminent danger of death or serious bodily injury. Subtitle G ("Miscellaneous Provisions") of RCRA incorporates a bundle of legal actions worth noting. 27001, entitled "Employee Protection," details the protection afforded informants. 27002, entitled "Citizens Suits," allows for citizens to sue the government or violators of the act for its enforcement and potentially to receive costs regardless of outcome. 27003, entitled "Imminent Hazard," gives EPA immediate injunctive authority to restrain conditions presenting "an imminent and substantial endangerment to health or the environment ... " 27004, entitled "Petition for Regulations; Public Participation," allows any person to petition for the promulgation, amendment, or repeal of any regulation under the Act. RCRA instructed EPA to promulgate regulations pursuant to the Act within 18 months of the law's enactment. This deadline was missed as EPA struggled with the size and complexity of the new program. The state of Illinois, joined by many environmental and other state organizations, sued EPA to promulgate these regulations, and a compliance schedule was issued in Illinois v. Costle, 12 E.R.C. (See Waste Regulation, page 4) Dean's Dicta At the beginning of a new year (and, indeed, a new decade, according to many), it is appropriate to take stock of our law school's situation. In my view, the "state of the law school" was never better. Consider the following: • Accreditation. We have received an official notice from the Association of American Law Schools (AALS) that we are a "member in good standing." We hope to receive a similar letter from the American Bar Association (ABA) when we report the state of construction of our new facilitiesonApril15, 1981. Wearein nearly full compliance with all ABA standards. We do need some further development in the area of secretarial assistance for the faculty, and hope to receive funds for this purpose during 1981-82. • Faculty. The law faculty maintains the highest standards in the classroom, and is more productive than ever before. We have established a released time program to encourage research and writing, in addition to our established leave policy. Our median faculty salary is $1,014 above the national median of median base salaries, and $381 below the national median of average base salaries. • Library. We have a library staff of three professional librarians and four non-professionals. As of December 31, 1980, we had 106,910 volumes in our library. Upon completion of our new facilities, we will have space for a total of 260,000 volumes. • Bar performance. Our alumni continue to maintain the highest pass rate of any single group taking the Kentucky Bar Examination. Their performance on the last four examinations has been 89.80Jo, 97 .30Jo, 93 .30Jo and 90.60Jo. • Curriculum. The principal change in our curriculum has centered around the development of training in professional skills. In addition to the required first-year course in Basic Legal Skills, we have developed a series of elective courses and seminars to introduce fledgling lawyers to special skills (trial practice, counseling, advocacy, estate planning, etc.) important to their profession. By increasing the number of semester credit hours required for graduation from eighty-four to ninety, we have been careful to retain a fundamentally sound theoretical base in the curriculum. The thirdyear course in Professional Responsibility is required of all students. • Continuing Legal Education. We have fostered the development of a strong continuing legal education (CLE) program. Until its new facilities become available, the CLE program is temporarily operating from Shelby Campus. Dean Harold G. Wren • Placement. We are pleased with the progress of our effective placement program. The vast majority of our graduates are finding employment or establishing their law practice soon after graduation. Many of our students clerk for Louisville law firms while they are in law school. The faculty has recently increased the number of hours that Day Division students are permitted to work from fifteen to twenty hours per week. • Facilities. Our construction program has moved along rapidly, and will be completed during calendar year 1981. The library (west) wing will then be expanded and the entire facility will be renovated in time for the opening of the 1982-83 academi.c year. • Alumni and Development. Our Law Alumni Association remains active with a series of events during the current academic year. In early December, 1980, we conducted our third, and most successful, annual alumni telethon. The trustees of the Law Alumni Foundation advise the Dean on matters relating to development, and hope to lead a major fund drive in conjunction with the completion of our new .facilities. In sum, the School has established a firm foundation and entered into a period of stability. The nineteen eighties will present new opportunites for further development and strengthening of our program. Although our financial resources may be somewhat restricted in the immediate future, _there can be no doubt that, in the long run, the School of Law will move forward in carrying out its mission of providing the best possible legal education for the future lawyers of Kentucky. Yours respectfully, Harold G. Wren Dean Women Face Problems Being Accepted as Full Members Of Law School Faculties ABA Study Says While women appear to be making great strides toward integration into law school faculties, a number of barriers must be removed if they are to become full members of the law school community. That is the conclusion of a report released today by the American Bar Association's Section of Individual Rights and Responsibilities. The study entitled "The Integration of Women Into Law Faculties" was funded by the National Institute of Education and New York Law School. Project members spent a year gathering information from the faculty, administration and students of selected schools. The attitude of students towards women faculty members is one serious problem facing women law professors. Dr. Elizabeth Ashburn, director of the project, said, "Women tend to be viewed as less competent than their male counterparts." Ashburn pointed out that the students seem more likely to challenge women professors. This, she said, put additional performance press!lres on those teachers and often had a "snowball" effect. Copies of the study are available from the ABA's Section of Individual Rights and Responsibilities, 1800 M Street, N. W., Washington, D.C. 20036, (202) 331-2279. - ... .. 4 Louisville Law Examiner, January 8, 1981 Waste Regulation (Continuedfrompage3) 1597 (D.i>.C. 1979). On May 19, 1980, EPA issued the bulk of its hazardoUs waste regulations. • In a discussion of this length it is impossible to effectively deal with the mass of important detail described in the regulations. It has been confirmed in a number of analyses of the RCRA program that it will be more expensive to comply with than all other EPA programs combined and will impose such industry paperwork burdens as to raise EPA to first place in these governmental impositions. It is profitable, however, to discuss in some detail two important and central elements . of the regulations: identification and listing of hazardous waste, and the manifest. "Identification and Listing of Hazardous Waste" is designated 40 CFR Part 261. It reflects the statutory instructions of 23001 of RCRA and is broken into four subparts (A-D) and five appendices (I, II, III, VII, VIII). Subpart C lists the four general characteristics of hazardous waste: ignitability, corrosivity, reactivity and toxicity. Any waste which qualifies under any of these four gener~l characteristics is considered to be hazardous waste. If a waste has been found to be fatal to humans in low doses or in test animals, that waste will be designated as Acute Hazardous Waste. If a waste contains any of the toxic constituents listed in Appendix VIII, it is presumed to be hazardous subject to the demonstration that the ". . . waste is not capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of . . . '' Subpart D provides four lists of hazardous wastes covered by the program, including those already established to have the above-mentioned characteristics. They identify the waste and indicate the reason for its listing: 1) Hazardous waste from nonspecific sources. This list also identifies by number the general chemicals causing the wastes to be listed.' 2) Hazardous waste from specific sources. More specific than the previous list, it is likewise identified to the chemicals causing this classification. 3) Acute hazardous wastes. These specific chemical compounds have been found to be fatal in humans or test animals. 4) Toxic wastes. These specific chemical compounds are listed because they contain hazardous constituents. 6 Subject to a myriad of extensions and limitations, if a waste falls within any of the above general characteristics or lists, it is declared hazardous and subject to stringent RCRA control. On the "manifest" the generator must list all pertinent information describing the hazardous waste. The generator must also designate each transporter and identify the facility to which the hazardous waste is to be shipped. The generator must keep his copy and an executed copy returned to him from the facility for three years. The transporter shall not accept hazardous waste from a generator unless it is accompanied by a manifest, which he must then execute and return a copy to the generator. The facility, upon receipt of the hazardous waste, must also execute the manifest, returning copies to the generator and transporter. At each step the appropriate party swears to the proper legal handling of the shipment. A facility may accept hazardous waste without a manifest, but if it does it must submit a detailed report to EPA within 15 days. Generators and facilities must prepare detailed annual reports of activities and submit them to the EPA. FOOTNOTES I. Congress deals with prohibition through the Toxic Substances Control Act (15 U.S.C. 2601 et. seq.) and the Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 135 et. seq.). 2. The important dispositive subtitles concerning hazardous waste are "Subtitle A - General Provisions (§1001-1008)," "Subtitle C - Hazardous Waste Management (§3001-3013)," and "Subtitle G - Miscellaneous Provisions (§7001-7009). '' 3. There are more limited requirements for "products" such as hazardous materials which would meet hazardous waste definitions if spilled. 4. The following is a key to the parts of the Code of Federal Regulations (CFR) which reflect the sections of RCRA: 40 CFR Part 260- Definitions and General Provisions 40 CFR Part 261 - §3001 , Identification and listing 40 CFR Part 262 - §3002, Generators 40 CFR Part 263- §3003, Transporters 40 CFR Part 264- §3004, Performance standards for Treatment, Storage, Disposal Facilities 40 CFR Part 265- §3004, TSD FAcility Interim Status 40 CFR Parts 122, 124- §3005, TSD Facility's Permit 40CFR Part 123- §3006, Guidelines for Authorized State Programs; §3010, Preliminary Notification. 49 CFR Subchapter C Parts 170-179 - DOT Transportation Regulations 5. The chemical constituents are tabulated in Appendix VII . 6. Tabulated in Appendix VIII. NIGHT and DAY Third-year Burnout: Epidemic Proportions? by Roy Wyatt Evidence of the malady abounds. It was observed early in the semester in the faces of several once conscientious classmates as they stood in queue to buy "cans" at the university bookstore. The effects of the disease could be heard and seen in classes throughout the semester. Students called on to brief cases aloud called out "Pass" with greater frequency than the crowds at Fairgrounds stadium. Empty seats and students with faces that bore empty expressions were seemingly more commonplace than in the previous two years. The malady was diagnosed by one astute classmate as third-year burnout. The realization that I had also fallen prey came one night when I realized that watching a rerun of "Three's Company" provided all the intellectual challenge I desired. Third-year burnout apparently doesn't affect just evening students. Conversations with day students, also known as full-time students, and practicing attorneys indicate the malady is not confined to the evening division or to this law school. It is apparently a common affliction, born of fatigue and frustration, visited upon those who work hard and long for distant objectives. The third-year evening student, however, seems more intensely affected by it and by the accompanying realization that he or she is little more than half through the eight semesters required for graduation. Discussions with fourth Essay Contest Authors wishing to enter the 1981 Federation of Insurance Counsel Foundation Student Essay Contest must submit their entries on or before May I, 1981 with a letter indicating school and eligibility (2nd or 3rd year law student at ADA-accredited school). The subject for the essay is any insurance related subject, including trial practice of insurance litigation. Essays should be about 10,000 to 12,000 words in length and must be an original copy on 8 Y2" x 11" white paper. Footnotes and style should conform to "A Uniform System of Citation." The title, author's name and school should be typed on a separate sheet, and only the title on page 1 of the essay. No essays will be accepted unless prepared solely for this contest by one author, previously unpublished, and not year students, who seem to derive some perverse pleasure from reminding us of their impending graduation, provide little comfort. Neither does the realization that day students who began their law school careers on the same day that we did are now slightly more than one semester from graduation. The difference between the six semesters residence credit requirement for day students and the eight semesters requirement for evening st11dents has never seemed more formidable or arbitrary. Day students can rightfully object that they typically take greater class loads each semester. But many evening students with whom I have discussed this issue, point out that a day student can earn a full semester credit for enrolling in and passing 10 semester hours while an evening student who enrolls in and passes an equal or greater number of hours receives only the equivalent of three-fourths of a semester credit. Many of the same evening students have expressed the view that this disparity implies a difference in the quality of education between the divisions. Equalizing the semester residence requirements by lowering the number required for evening students would not, of course, remove all vestige of that belabored controversy. Nor would it mean all evening students would graduate in less than four years. The increased semester hours required to graduate early would prohibit many from choosing to do so. It would be nice, however, to have that choice. (Roy Wyatt is, obviously, a third year evening student.) submitted in any other contest. By submission each entrant thereby assigns to the Foundation all rights to the essay. It is the policy of the Foundation to return and release the assignment of the rights of all but the three winning essays and any other that the Editor of the Federation of Insurance Counsel Quarterly considers worthy of publication. First prize is $2,000, second prize is $1,000 and third prize is $500. An author of any other essay selected for publication in the Federation of Insurance Counsel Quarterly will receive an award of $250. CALENDAR OF EVENTS February 14 March 14-22 Aprill4 May 10 Valentine's Day Spring break · Last day of classes Commencement --------------------------------------------~ Placement News The following graduates of the Class of '80 have obtained positions . David Black has joined the law firm of Steers & Steers in Franklin, Kentucky. David Bruce Reynolds is a law clerk for Justice Marvin Sternberg. Olivia Fuchs has joined the law firm of Brown, Todd & Hayburn, Louisville. Peter Ostermiller has joined the law firm of Stallings & Stallings. Frances Niccolai has joined the law firm of Mapother & Mapother. David Payne is an attorney in the Public Defender's Office, Prestonsburg, Ky. Murray Porath has opened an office in the Seneca Office Bldg., 1711 Bardstown Rd. Sam Carl is an attorney in the Office of the Court of Appeals. Large TV Screen $1 OFF on 60 oz. Pitcher (with this coupon) ~~~~ l--------------------------------------------~ Louisville Law Examiner, January 8, 1981 . 5 Open Letter to the Law School Community The members of the National Moot Court Team would like to inform the Law School Community of the results of the Region IV competition held recently at T. C. Williams Law School in Richmond, Virginia. One of the teams composed of Sky Olt, Jerry Adair, and Stephanie Miller was defeated in the first two rounds by Duke Universtiy and Wake Forrest University. Their brief was judged the second best in the competition of 23 teams. The other team which consisted of Barbara Hartung, Bill Kenealy, and Charles Mullins, won both preliminarY' rounds, defeating West Virginia and the University of North Carolina. Their brief was fifth in the competition. They were defeated in the quarterfinals by the "A" team of William and Mary - which lost to the William and Mary "B" team in the finals by one-tenth of a point. The only other school to have comparable scores on both briefs was William and Mary, Averaging the brief scores, U of L had the highest school average in the competition. The team would like to recognize and thank the following individuals: 1.) Candy Anderson and Betsy Young for incredible patience, skill, and love in typing up our briefs. · 2.) Professors Read, Lord, and Ewald for assisting in the judging of preliminary orals and advice in general on the arguments. 3.) Those professors who forgot to take attendance on the various deadline days and during the tournament. 4.) Professor Gene · Teitelbaum, who decided the Law Library needed a CCH Commodity Reporter - which was coincidently what the problem this year involved. 5.) The Law School Administrtion for entering the teams in the competition and for their support. 6.) All the people who wished us well and supported us during the last three months. 7 .) And last, and foremost, James J. Ragan, our advisor. He gave us a sense of dedication we thought impossible - but then we'd never been flogged with a spare motorcycle chain or hung by our toes from the ceiling of the Allen Courtroom. Compared to him, the Marquis de Sade looked like Shirley Temple. He also was able to relax us in time for the orals and instill a sense of confidence in us. To those of you are first year students, it's true - you will come to realize Jim Ragan is human. He just doesn't like to admit it. In all seriousness, we feel we owe him a debt of gratitude for his ef- Seminar Gives Students Taste Of Real World Judge Charles Leibson's Courtroom Law and Technique I seminar allows senior law students an opportunity to participate in a series of mock trials. The first two months of the class are devoted to discussions of preparing a case for trial and of proper trial techniques. Each portion of a trial, from voir-dire through closing arguments, is reviewed and the appropriate techniques are outlined. But the time and effort of these first months do not go unrewarded. Come November one mock trial is staged each Saturday with students participating both as lawyers and witnesses. The opportunity to apply the techniques taught, the points raised and discussed, to see how they work "under fire" in the mock trials add a dimension to this seminar lacking in more traditional courses. It gives the student ''a taste of the real world.'' National Moot Court Team Scores High NatioiUll Moot Court Team members (left to right): Chuck Mullins, Jerry Adair, Btubara Hartung, Schykr Olt, Stephank Milkr and Bill Kenealy. · forts. Much of our success was based in large part on the score of our briefs, which reflects well on the legal writing skills program. He was relentless in demanding 'we meet deadlines, prepare thoroughly, and practice often. We came to : believe in ourselves and to demand excellence, both of ourselves and each other. As a result, when we reached the competition, we found we were prepared for almost every situation and question with which we were presented. Both teams performed well, and were defeated by teams which advanced to the quarterfinals and beyond. Without Mr. Ragan's support and encouragement, the results would have been much different. Again, we found it "interesting" to compete with teams from schools which put more time, emphasis, and money into their competition programs - schools which give students release time from class, schools which sponsor students in 5-IO different regional/national programs (expenses paid), schools which have 40-50 students try out for each of the above competitions and who then pool their research. Viewed in this light, we feel Mr. Ragan's accomplishment in developing a competitive team is that much more impressive. In any case, it was a lot of fun and a memorable experience. In truth, we had a six-person team who supported each other and represented the school in a manner of which we hope you are proud. Charles Mullins W. R. Kenealy Barbara Reid Hartung SkyOit Jerry Adair Stephanie R. Miller BRIEF SCORES 88 Campbell University, Petitioner 80 Duke University, Petitioner 87.3 · Duke University, Respondent 87 University of Kentucky, Petitioner 90 University of Kentucky, Respondent 88.5 91 85.5 83 87 83.6 84.6 82.5 91.5 87.5 82.3 82 87.5 79.3 82.5 88.5 89 90.3 University of Louisville, Petitioner University of Louisville, Respondent. University of North Carolina, Petitioner University of North Carolina, Respondent Northern Kentucky University, Petitioner Northern Kentucky University, Respondent University of Richmond, Petitioner University of Richmond, Respondent University of Virginia, Petitioner University of Virginia, Respondent Wake Forest University, Petitioner Wake Forest University, Respondent Washington & Lee University, Petitioner Washington & Lee University, Respondent West Virginia University, Petitioner West Virginia University, Respondent College of William & Mary, Petitioner College of William & Mary, Respondent Kevin Delahanty, co-counsel for defendant in a negligence action, interviewed prospective jurors during voir dire examination. Student lawyers and their classmates looked on. .. - 6 Louisville Law Examiner, January 8, 1981 University of Louisville School of Law Senior Bulletin '1980-81 To the Law School Community: Again it is our privilege to publish the Senior Bulletin, in which we briefly describe the achievements of our senior class. The members of the present class are not only the brightest that we have ever known, but are also the best trained. In recent years, the law school has increased the amount of skills training, as well as instruction in the theory of law which a student will acquire during his three years of professional education. The result is that our graduating seniors are better than they have ever been. We hope you will give serious consideration to the outstanding credentials of these young men and women. To the extent that they may become associated with you in the practice of law, we know that you both will profit in the years that lie ahead. Dean Harold G. Wren Adair, Kenneth J. The Senior Bulletin of the University of Louisville School of Law is published as a service to Kentucky's legal community and the 1980-81 law school graduates. The Student Bar Association is proud of the strong academic and practical legal training available at the University of Louisville. We feel this year's senior class is one of the finest in recent years. The calibre of this class is reflected through their individual academic records, service to the community, and their dedication to the study and practice of law. It is our hope this bulletin will serve to further acquaint you with the School of Law and assist you in employing additional legal •alent. You may contact these individuals dtrecliy, or make your needs known through the Law School's Placement Course. Kevin W. Delahanty President, Student Bar Association Harold G. Wren, Dean Norvie L. Lay, Associate Dean Steven R. Smith, Associate Dean 1910 South Third Street Apt. 190 B.A., Economics, Duke University, 1977; Participated in Mock Trial; News Editor for Louisville Law Examiner; Scholarship Award, Ashland Oil Foundation; Research , Corporate Changes; Work related experience, Ashland Coal, Inc., Office of Public Advocacy, Clerk. Expected graduation: May 1981. Louisville, Ky. 40208 (502) 635-7356 Age 23 Allen, John S. 715 Hunting Park Drive Louisville, Ky. (502) 966-3356 Age 25 Altman, Andrew N. 1217 Kentucky Towers Louisville, Ky. 40202 (502) 583-4286 Age 24 Atkinson, Jane C. 116 West Woodlawn Apt. 19 Louisville, Ky. (502) 367-8318 Age 29 Baker, Jerome Reid Jr. 1515 South Fourth Street Apt. 2 Louisville, Ky. 40208 (502) 634-1340 Age 24 B.A., Psychology, University of Kentucky 1977; Dean's List; Work related experience, U.S. Attorney's Office, law clerk . Expected graduation: May 1981 . B.A., Economics, Union College, Schenectady, New York 1978; Research Staff Editor for Journal of Family Law; Book Award in Contracts II; Staff of Louisville Law Examiner; Related work experience as clerk for Greenebaum, Dol l, and McDonald. Expected graduation: May 1981 . B.A., English and History, Western Kentucky University 1972; Staff Editor. Journal of Family Law; Book Awards. Property II , Contracts I; Scholarship Award 1977 and 1978; Member. Brandeis Society. Expected graduation: May 1981 . B.S., Accounting, University of Kentucky; Preliminary winner Moot Court Oral Arguments; Work related experience Law library, Law Clerk Jefferson County Attorney's Office. Expected graduation: May 1981 . Baker, Susan Bennett 800 South Fourth Street Apt. 1302 Louisville, Ky. 40202 (502) 583-4491 Age30 B.A. Cum Laude, Political Science, Emory University Ballard, Frank E. 424 Kensington Court Apt. 1 Louisville, Ky. 40208 (502) 636- 5885 Age30 Bell, Craig S. 1800 South Second Street Louisville, Ky. 40208 (502) 637-7848 Age 21 B.S., Political Science and History, Murray State Uni- Beyer, David J. 8138 Lake Terrace Louisville, Ky. (502) 426-5263 Age 25 Bowling, David J. 2515 Cottonwood Drive Louisville, Ky. 40222 (502) 425-4735 Age30 Britt, William J. 6103 Fox Hunt Court Louisville, Ky. (502) 228-8834 Age 24 Brooks, Michael E. 1910 South Third Street Louisville, Ky. (502) 637- 6988 Age 24 1971; Board of Directors, Law Forum; Book Awards, Decedents Estates I, Decedents Estates II; Dean's List; Graduate Research Assistant; Work related experience, Law Clerk, Sword, Floyd and Bohannan and U of L Local Government Law Center. Expected graduation: December 1980. B.A., Sociology, Indiana University 1976. Expected graduatidn: December 1980. versity 1978; President, International Law Society; Associate Editor, Louisville Law Examiner; State ViceChairman Kentucky College Republican Federation; Executive Vice-President, University of Louisville College Republicans; American Judicature Society Member. Expected graduation : December 1980. B.S., Police Administration, University of Louisville; Scholarship Award; Dean's List; Journal of Family Law; Work related experience, Nold, Mosly, Clare, Hubbard and Rogers. Expected graduation: May 1981 . M.B.A. , Business, University of Kentucky 1972; B.A., Accounting, Bellarmine College 1971 ; Moot Court Mentor; Work related experience, Tax manager of private firm . Expected graduation: May 1981. B.A., Criminal Justice, University of Florida 1978; Student Bar Association Committee Member; Dean's List; Scholarship Award; Research Assistant. Expected graduation: May 1981 . B.S., Police Administration, University of Louisville 1978; Student Bar Association . Class Representative, Member Honor Counctl; Student Bar Assoc1ation Uniform Gradtng Committee; Work related experience. Clerk, Morris. Garlove. Waterman and Johnson. Expected graduation: May 1981 . ,. Louisville Law Examiner, January 8, 1981 Browning, Renona C. B.A., Government. Western 2014 Highland Avenue Kentucky University 1978; Louisville, Ky. Member, Journal of Family (502) 458-3022 Law; Member/Clerk, Phi Age29 Alpha Delta; Law Forum, Secretary and Board of Directors; Book Awards, Civil Procedure I; Scholarship Award, Academic; Work related experience. Research Assistant. Expected graduation: May 1981 . Burnette, J. Frank Counseling Semi-finalist Box 233, Belknap Campus 1978 Pritle-Washer Com- University of Louisville petition: Louisville Law Louisville, Ky. 40292 Examiner Staff 1978-79; (502) 267- 5792 President Law Forum 1980; Age 29 Scholarship Award, Omicron Delta Kappa; Law B.A., Psychology, Univer- Student Division of Ken-sity of Louisville 1978; Member Phi Alpha Delta: Director, Problem Selec-tion Committee; Problem Coordinator: Judge for Moot Court Board; Client Bush, Frankie Lynn 1217 Kentucky Towers Louisville. Ky. (502) 583-4286 Age 26 Cannon, Alton 7301 Old Glory Court Apt. 2 Louisville, Ky. Age 32 Capasela, Ernest Michael 1910 South Third Street Apt. 380 Louisville. Ky. (502) 637-6988 Age 27 Carby. David W. 2639 Alanmede Road Louisville. Ky. (502) 458- 5081 Age 23 Carroll. Holly D. 4026 Poplar Level Road Apt 3 LOUISVIlle. Ky ( 502) 452- 1236 Aqe 24 tucky Bar Association , Representative 1979-80; Work related experience, Clerk U of L Law Library. Expected graduation: May 1981 . B.A., Psychology, Berea College 1975; Assistant Editor, Louisville Law Ex-aminer 1980-81: Scholarship Award Ashland Oil Foundation; Work related experience. Law Library Clerk. Ex-pected graduation: May 1981 . B.A., German, Western Kentucky University 1971; Moot Court Mentor; Dean's List: Work related experience. Internal Revenue. Expected graduation: December 1980. B.S .. Business Administration , Fairleigh Dickinson University 1975; Master of Public Administration . New York University 1977; Client Counseling 1980: Work related experience. Law Clerk United States Attorney Louisville. Ky . Expected graduation: May 1981 . B.S .. Corrections. Eastern Kentucky University 1977: Member Phi Alpha Delta: Vice-President. University of Louisville Kentucky Young Democrats: Work related experience. Law Clerk. Kentucky Department of Labor: Law Clerk Jefferson County Commonwealth Attorney . Expected graduat1on : May 1981 B.A .. Political Sc1ence. University of Dayton 1977: Journal of Famtly Law. Research Staff Ed1tor: Book Awards. Procedure II . Dean·s List three semesters: BrandeiS Society Scholar: Moot Court Mentor Expected qradur~tton May 1981 Castagno, Philip John 9605 Somerford Court Louisville, Ky. (502) 425-1082 Age 22 Cheek, Alan B. 1110 Forrest Street Louisville, Ky. ~0217 (502) 634-8446 Age 25 Coleman, Lee L. 1447 South Third Street Apt. 5 Louisville, Ky. (502) 634-4048 Age 23 Conyer, Sharon Lee 1823 South Third Street Apt. 6 Louisville, Ky. (502) 635-6118 Age 24 B.A., Speech Pathology, Sophie Newcomb of Tulane University 1978; Member, Journal of Family Law; President Delta Theta Phi; Finalist, Freshman Moot Court; Freshman Representative Student Cory, Lee Troutman Glenview, Ky. (502) 896-2704 Age 24 Cotthoff, David L. 702 Zorn Avenue Apt. 20 Louisville, Ky. (502) 896-6112 Age 24 D'Ambrosio, Joseph G. 930 Milford Lane Louisville, Ky. 40207 (502) 895-6278 Age 27 7 B.A., Economics, Universi-ty of Kentucky 1978; Treasurer of Delta Theta Phi; Moot Court Mentor; Work related experience, Law Clerk for David T. Albers. Expected gradua-tion: May 1981. B.S., Finance, University of Louisville 1977. Expected graduation: May 1981. B.B.A., Business Ad-ministration, University of Kentucky 1978; Scholarship, Boyd County Kentucky Bar Association . Expected graduation: May 1981 . Bar Association; Honor Council Alternate; Dean's List two semesters; PirtleWasher Scholarship for Oral Advocacy; Law School Senator; Languages-Spanish Law Student Representative for American Bar Association; Work related experience, Law Clerk, Curtis, Rose, and Parker; Law Clerk, Tarrant, Combs, and Bullit; Expected graduation: May 1981 . B.A., Political Science, Hollins College 1977; Moot Court Mentor; Work related experience, Clerk for Middleton, Reutlinger, and Baird. Expected graduation: May 1981 . B.S., History, Murray State 1978; Work related experience, Law Clerk, Commissioners of Sinking Fund. Expected graduation : May 1981 . B.A., History, Long Island University 1975; M.P.A., Business/Commerce, New York University 1978; Office in Delta Theta Phi; Work related experience, Legal Analyst in Government Law Center; Law Clerk in Jefferson County Attorney's Office. Expected graduation: May 1981 . ~ ~ --~~-~--~---- ---------------- -------- --------- ---------- 8 Louisville Law Examiner, January 8, 1981 - Delahanty, Kevin William 1501 Iroquois Parkway Louisville, Ky. (502) 368-1726 Age27 Dooley, Mary R. 2724 Aiedling Drive Apt. 1 Louisville, Ky. (502) 895-5969 Age 32 Erickson, J. Steven 4222 South 2nd Street Apt. 4 Louisville, Ky. (502) 367-2556 Age 25 Esposito, Shaun C. 420 Belgravia Court Apt. 1A Louisville, Ky. . (502) 637-2410 Age23 B.A., History, Spalding College 1978; Research Editor, Journal of Family Law: Associate Editor, Louisville Law Examiner; Book Awards Constitutional Law I; Ewen, Allen Campbell 1400 Walnut Lane Anchorage, Ky. 40223 (502) 245- 5373 Age23 Fifer, C. Gregory 44 Arctic Springs Jeffersonville, Ind. (812) 282-9228 Age23 Florman, Phyllis 1902 Tyler Lane Louisville, Ky. (502) 459- 1729 B.S .• Sociology, Portland State 1976; President, Student Bar Association; Preliminary winner Moot Court Oral Arguments; Work related experience, Law Court, Sam Deeb; Law Clerk Jefferson County Attorney's Office. Expected graduation: May 1981 . B.A. , Economics, Hollins College 1969; Moot Court Mentor; Representative Student Bar Association ; Work related experience, Humana Law Department. Expected graduation: May 1981 . B.S., Political Science, S.W. Missouri State University 1977; Work related experience, Investigator Title IVD, Missouri Department Family Services Division of Support Enforcement, Law Clerk for Barnett and Alagia. Expected graduation: May 1981 . Scholarship Award, First year; Moot Court competition First Round Winner, Mentor and Judge; Work related experience, Jefferson County Consumer Protection Department, Jefferson County Commonwealth Attorney's Office, Government Law Center University of Louisville. Expected graduation: May 1981 . B.A., Pol it ical Science, Kenyon College 1978; Journal of Family Law Candidate; Work related experience, Clerk, Ewen, Mackenzie, and Peden. Expected graduation: May 1981. B.A., History, Vanderbilt University 1978; Member Phi Alpha Delta; First year Representative Student Bar Association; Student Bar Association Social Committee; Student Government Association Election Committee; Work related experience, Clerk for Fifer, Vogt, and Lanum. Expected graduation: May 1981 . B.A., History-Government, Russell Sage College 1962; New York University G.S.A.S. 1962- 64; VicePresident Year Round Women's Committee of United Jewish Federation; President of P.T.A.; Coowner antiques business. Expected graduation: May 1981 . Ford, P. Kevin 3209 Robin Road Louisville, Ky. (502) 635-5921 Age 23 Fuson, Laurel 1628 South Third Street Apt. 2 Louisville, Ky. (502) 636- 2706 Age 24 Gardner, Randall L. 316 West Lee Street Apt. 5 Louisville, Ky. (502) 637-7959 Age23 Geoghegan, Terry L. 'A.A. 1 Boston, Ky. (502) 833-4770 Age25 Goodin, Robert Louis, Jr. 1515 South Fourth Street Apt. 2 Louisville, Ky. 40208 (502) 692- 4375 Age 26 Haley, Raymond C. 930 Breckinridge Lane Apt. C Louisville, Ky. 40207 (502) 893- 0976 Age 24 Harris, Ronald Dean 1813 Flintlock Drive Jeffersonville, Ind . 47130 (812) 283- 3194 Age 24 B.A., Political Science, University of Louisville 1978; Book Award, Property I; Dean's List; Moot Court Semifinalist; Student Bar Association Award of Appreciation. Expected graduation: May 1981 . B.A., Engl ish, Vanderbilt University 1976; Won first and second rounds of Moot Court Competition; Work related experience, Clerk City Law Department, Louisville, Ky. ; Law Clerk. Ewen, Mackenzie, and Peden. Expected graduation: December, 1980. B.A., Business Administration , Western Kentucky University 1978; Book Award Civil Procedure II; Work related experience, Clerk, Redford, Redford , and Gardner; Clerk, Tarrant, Combs, and Bullitt. Expected graduation: May 1981 . B. B.A., Business Administration, University of Kentucky 1977; Member of Phi Alpha Delta; Member Honor Council; Work related experience, Law Clerk to County Attorney in Meade County, including work on tax returns. Expected graduation : May 1981 . B. B.A., Business Administration, University of Kentucky 1976; Member Phi Alpha Delta; Book Awards, Tax I; Dean's List; Clerk, Sinking Fund of City of Louisville. Expected graduation: May 1981 . B.S. Zoology, University of Kentucky 1977; Member Delta Theta Phi; VicePresident of Student Bar Association; Dean's List; S.B.A. Student Representative to Faculty Committee; Work experience, General Clerking for Allen and Saunders; General Electric Co. Labor Law Internship. Expected graduation: May 1981. B.A., Political Science, University of Louisville 1977; Book Award, Civil Procedure I; Dean's List, Fall 1978, Spring 1979; Work related experience, Clerk for Robert E. Harris. Expected graduation: May, 1981 . Hartlage, William Edw. 815 Weller Louisville, Ky. (502) 637-4140 Age38 Hartung, Barbara Reid 6804 Cantrell Circle Crestwood, Ky. 40014 (502) 241-9334 Age34 B.A., History, University of Louisville 1967; Editor-in- Chief, Journal of Family Law; Member Phi Alpha Delta; National Moot Court Competition; Mock Trial; Book Awards, Con- Howard, Arthur W., ·Jr. 121 South Hampton Road Louisville, Ky. (502) 425-0631 Age24 Hupp,Randall 409 West Gaulbert Avenue Apt. 10 Louisville, Ky. 40202 (502) 637- 6149 Age 31 Kaukas, Gail 1866 Princeton Drive Louisville, Ky. (502) 451 - 0280 Age36 Kenealy, William A. 2127 Eastern Parkway Apt 4 Louisville, Ky. 40204 (502) 585-2101 Age 27 B.A. History, Ursinus College 1974; Vice- Kerlick, Patricia Ann 1815 Gardiner Lane Louisville, Ky. 40205 (502) 456- 2556 Age 33 Louisville Law Examiner, January 8, 1981 B.A., Business, Bellarmine College 1977; Work related experience, Public Defender. Expected graduation: December 1980. stitutional Law I; Scholarship Award, Pirtle- Washburn Competition; First in Freshman Year; Regional Finalist. Mock Trial Competition; Member, Brandeis Society; Work related experience, Summer Clerkship for Greenbaum, Doll, and Me- Donald. Expected gradua-tion: May 1981 . B.A., Political Science, University of Louisville 1978; Dean's List; Scholarship Award; Work related experience, Clerk-ing in Probate Practice and Real Estate. Expected graduation: May 1981 . B.A., Psychology, Marshall University 1972; M.A., Counseling, Marshall Uni-versity 1974; Dean's List; Military, U.S.M.C.; Work related experience. Ad-judicator, Veterans Ad-ministration (five years) . Expected graduation: May 1981 . A.B. , History, Spalding College 1965; First ViceJustice, Phi Alpha Delta; Board of Directors, Law Forum. Expected graduation: May 1981 . President Moot Court Board 1979-80; President Moot Court Board 1980-81 ; Louisville Law Examiner, Contributing Writer; Student Bar Association, Executive Committee 1980-81; Work related experience, Gittleman, Charney and Barber (Clerk). Expected graduation: May 1981 . B.A., Business, Murray State University 1968; Tribune, Delta Theta Phi; Chairman, Student-Faculty Adviser Committee; Dean's List; Work related experience, Assistant to Judge Marlin Volz, Research Assistant to Professor Ronald Eades. Expected graduation: May 1981 . ~- ---------------------~ Khouri, Michael A. 1401 St. James Court Louisville, Ky. (502) 634-9701 Age 30 · Klausing, Thomas A. 2314 Saratoga Drive Louisville, Ky. (502) 458-7044 Age30 Levy, Udell Barry 2557 Woodbourne Avenue Louisville, Ky. (502) 451-0848 Age23 B.A., History, Washington University 1978; Delta Theta Phi, Bailiff; Student Bar Association. Treasurer Liebermann, Talla 1464 St. James Court Louisville, Ky. (502) 635-7526 Age24 Luckert, Mary Elise 710 Iroquois Avenue Louisville, Ky. (502) 367-2559 Age24 Luken, David A. 3401 Dixie Highway Louisville, Ky. (502) 448-7016 Age 24 Lynch,J.Shannon 1650 Eastern Parkway Apt. 5 Louisville, Ky. (502) 459-8643 Age 26 9 B.A., Economics, Tulane University 1971; Member, Journal Family Law; Member Law Forum; Book Awards, Torts; Work related experience, Law Clerk for the General Counsel of American Commercial Barge Line Company. Expected graduation: December 1980. B.A., English, University of Kentucky 1971 . Expected graduation: December 1980. 1979-80; Ad Hoc Com-mittee for Uniform Grade System; Research Assis-tant; Student Represen-tative on Faculty Com-mittee; Work related ex-perience, Clerk, Missouri Civil Liberties Union (St. Louis); Clerk, Tarrant, Combs, and Bullitt. Ex-pected graduation: May 1981 . B.A., Political Science and Philosophy, Vanderbilt University 1974; Honor Council, Class Represen-tative 1979-80; Director, Student Legal Research Group 1980; Work related experience, Research Assistant. Expected graduation: December 1980. B.A., Political Science, University of Kentucky 1976; Dean's List 1977-78, Summer 1979; Scholarship Award, Recruiting 1977-78, Work Scholarship 1979-80; Work related experience, Faculty Research Assistant. Expected graduation: December 1980. B.A., History, Bellarmine College 1978; Book Award, Commercial Paper; Dean's List; Work related experience, Clerk for Taustine, Post, Berman, Fineman and Kohl. Expected graduation: May 1981 . B.A., Government, Centre College 1976; Work related experience, Clerk for Woodward, Hobson and Fulton. Expected graduation: May 1981 . .... .. 10 -- McBeath, Susan Z. 2304 Wetstein Avenue Louisville, Ky. 40205 (502) 452-9082 Age25 A.B., Russian, Dartmouth College 1976; Member, Delta Theta Phi; Articles Editor, Louisville Law Ex- McCormick, A. Keith 4607 Jo Lynn Drive Louisville, Ky. 40299 (502) 267-0817 Age 28 Marks, ScoH 1603 Gagel Avenue Apt. 8 Louisville, Ky. (502) 368-0703 Age25 Mautner, William S. 1630 South Second Street Apt. 119 Louisville, Ky. (502) 636-5717 Age 26 Miller, Stephanie R. 210 Claremont Avenue Louisville, Ky. 40206 (502) 897-2700 Age28 Myers, Jessie Wr:enn 498 Shoshoni Trail Louisville, Ky. (502) 893-1727 Age 34 Nally, R. Hite 409 Gaulbert Avenue Apt. 10 Louisville, Ky. 40208 (502) 637-6149 Age 29 Louisville Law Examiner, January 8, 1981 aminer 1977 -78; Law Forum Secretary 1977-78; Dean's List; Scholarship Award, Carl Mann; Law School Placement Officer 1977-79; Work related experience, Research Assistant to Professor Marlin M. Volz and Professor William F. Dolson. Expected graduation: December 1980. B.A., Comparative Language, Spanish, University of Kentucky 1974; Work related experience, Jefferson County Police Department, Patrolman and Paramedic; Commonwealth Attorney Internship Program; FOP Legal Aid Committee. Expected graduation: May 1981 . B.S., Police Administration, University of Louisville 1976. Expected graduation: December 1980. B.A., Business Administration, University of Wisconsin 1976; Staff Editor, Journal of Family Law; Member Phi Alpha Delta; SemiFinalist First Year Moot Court Competition; Scholarship Award, Carl Mann. Expected graduation: May 1981. B.S.C., Marketing, University of Louisville 1977; 6th Circuit Competition; Board of Directors, Law Forum; Work related experience, Research for Professor Nathan Lord. Expected graduation: May 1981 . B.A., Education, University of Kentucky 1973; Treas· urer, Phi Alpha Delta; Dean's List. Expected graduation: December 1980. B.A., Math and Accounting, Bellarmine College 1972; Law Forum, Treasurer; Work related experience, General Adjustment Bureau. Manager of Office and five years experience as insurance adjuster. Expected graduation: December 1980. Nitsche, James A. 1306 East Breckinridge Street Apt. 3 Louisville, Ky. (502) 587-1452 Age30 B.A., Business Administration, Geneva College 1971 ; B.S., Accounting, Universi- Nordmann, VIcki Knight 11918 Stevens Avenue Louisville, Ky. (502) 456-6231 Age33 Oehler, Kathlejane 1528 Southgate Avenue Louisville, Ky. 40215 (502) 363-5647 Age26 Olt, Schuyler J. 211-4 Fairfax Avenue Louisville, Ky. (502) 896-0598 Age24 B.A., Government, University of Virginia 1975; Manuscript Editor, Journal of Family Law; Clerk of Exchequer, Delta Theta O'Neill, Patricia Linne 7706-A Sundance Drive Louisville, Ky. (502) 426-7029 Age28 Osborn, John S., Ill 815 Circle Hill Road Louisville, Ky. (502) 896-9828 Age 23 Owen, Royene F. 1606 Ormsby Lane Louisville, Ky. 40222 (502) 425- 2082 ty of Louisville; Manuscripts Editor, Journal of Family Law; Night Moot Court Board Committee Member 1979; Book Awards, Property; Dean's List; Work related experience, Financial and Compliance Audit Supervisor, City of Louisville 1976-Present. Expected graduation: 1981. B.A., Sociology, University of Kentucky 1968; Book Awards, Torts IIA; Dean's List; Scholarship Award, Carl Mann. Expected graduation: May 1981 . B.A., Medical Technology, University of Louisville 1975; Administrative Editor, Journal of Family Law; Member Phi Alpha Delta; Student Bar Association, Second Year Representative; Dean's List. Expected graduation: May 1981. Phi; Mock Trial; Associate Editor, Louisville Law Examiner; Honor Council, Second Year Representative; Book Awards, Torts, Contracts, Criminal Law; Dean's List; Brandeis Scholar; Work related experience, Clerk, Boehl, Stopher, Groves and Deindoerfer. Expected graduation: May 1981 . B.A., Telecommunications, University of Kentucky 1976; Member, Delta Theta Phi; Dean's List; Work related experience, Clerk for Bennett, Bowman, Triplett, and Vittitow. Expected graduation: May 1981. A.B., History, Transylvania College 1978; Work related experience, Clerk for Tarrant, Combs, and Bullitt. Expected graduation: May 1981. B.S. and M.S., Nutrition, University of Illinois 1946; Work related experience, Faculty Member (seven years) , University of Illinois, Urbana, Illinois; Chemistry Teacher (eighteen years) Louisville, Ky. Expected graduation: May 1981 . Parsons, Mary Porter 3219 Marion Cour't Louisville, Ky. (502) 897-1967 Age 23 Pate, Michael T. 247 Pennsylvania Avenue Louisville, Ky. (502) 897-2622 Age 31 Ratliff, Leif c. 1134 Everett Avenue Louisville, Ky. 40204 (502) 451-4875 Age 24 Renfro, Kevin J. 419 Downes Lane Louisville, Ky. (502) 366- 9413 Age 22 B.A., Political Science, University of Louisville Salansky, Timothy J. 1337 South First Street Louisville, Ky. (502) 637-3434 Age 30 B.A., Political Science, North Central College 1972; M.S. English, Illinois State University 1978; Staff Editor, Journal of Family Law; Vice-President Moot Court Board; Moot Court Judge; Moot Court Mentor; Saltsman, John W., Jr. At. 4, Box 229 Bardstown, Ky. 40004 (502) 348-3047 Age38 Schray, Gerald F. 3203 Mildred Drive Louisville, Ky. (502) 448-4394 Age 32 Louisville Law Examiner, January 8, 1981 B.A., Political Science, Georgetown College 19?-P; Night Vice-President Moot Court Board; National Moot Court Competition; 6th Circuit Competition; Work related experience, Legal Department of Federal Land Bank, Internship in Commonwealth Attorney's Office. Expected graduation: May 1981 . B.A., Sociology, Sellarmine College 1973; Work related experience, General Electric Credit Corporation, Collection Coordinator. Expected graduation: May 1981 . B.A. , History, University of Louisville 1978. Expected graduation: May 1981. 1978; Executive Committee, Student Bar Association; Chairman, Honor Council; Moot Court Mentor and Judge; Library Committee; Work related experience, Law School Placement Officer; Clerk for Murphy, Mussier and Marks. Expected graduation: May 1981 . Moot Court Oral Arguments Preliminary Winner; Book Awards, Property I; Dean's List: Scholarship Award, Thomas Mann; Work related experience, VISTA Cook County Legal Assistance Foundation 1972-74; Clerk, Roehl, Stopher, Graves, and Diendoerfer. Expected graduation : May 1981. B.S.C.E., Engineering, Georgia Institute of Technology 1964. Expected graduation: May 1981 . B.A. , Philosophy, St. Joseph's College 1970; Moot Court Board Member; Artist and Writer for Louisville Law Examiner; Work related experience, Clerk, City Law Department. Expected graduation: May 1981 . II Shafer, Carol R. 1427 DeBarr Street Apt. 1 Louisville, Ky. (502) 589-6426 Age 26 Shelby, Linda C. 2107 Village Drive Apt. 6 Louisville, Ky. (502) 454-0508 Age 32 Stauble, Robert J. 3010 Leman Drive Louisville, Ky. (502) 491-0209 Age 23 Strait, W. David University of Louisville Louisville, Ky. 40292 (502) 588- 6588 Age37 Tate, John L. 274 Claremont Avenue Louisville, Ky. (502) 896-8679 Age 27 Thieman, Charles Kevin 3705 Downing Way Louisville, Ky. (502) 458- 3912 Age 24 Tow, Sheila V. 409 Kensington Court Louisville, Ky. 40208 (502) 637-1958 Age 23 B.A., Political Science, Indiana University 1978; Member, Delta Theta Phi; Secretary, Student Bar 11 B.A., Psychology, University of Louisville 1978; Journal of Family Law; Board of Directors, Law Forum. Expected graduation: May 1981 . B.A., English and Psychology, Western Kentucky University 1970; Work related experience, Student Legal Research Group. Expected graduation : May 1981 . B.A., Journalism, University of Kentucky 1978; Member. Phi Alpha Delta; Work related experience, Clerk, Mulhall, Turner, Taylor, and Hoffman. Expected graduation: May 1981 . Ph.D., American Studies, University of Hawaii 1975; B.A., E-nglish, University of Northern Iowa; Dean's List; Work related experience, University of Louisville Administration . Expected graduation: May 1981 . B.A., Literature, Wake Forest University 1969; M.A., Literature, University of Louisville 1971 ; Journal of Family Law, Articles Editor; 1978 Henry Pirtle Moot Court Competition; Dean's List; Brandeis Scholar; Washer Academic Scholarship Award; Moot Court Mentor. Expected graduation: May, 1981. B.A., Business Administration , Bellarmine College 1977; Work related experience, Service Bureau for Doctors. Expected graduation: May 1981. Association ; Dean's List; National Coordinator, Women's Law Caucus; Law Student Division of the American Bar Association; Treasurer of Women's Law Caucus, University of Louisville; Work related experience, Clerk, Allen and Saunders Law Firm. Expected graduation: May 1981 . . 11 .... _ Wainscott, Barbara Goodwin 2033 Eastern Parkway Apt. 1 Louisville. Ky. 40204 (502) 452-9352 Age 23 Ward, Elizabeth S. Route 2 Corydon, Ind. (812) 738-2592 Age 31 B.S., English, Indiana University, 1969; M.A., English, Indiana University, 1972; Vice Dean, Delta Theta Phi; Moot Court Board, Problem Selection Committee and Adviser; Welch, Sharon C. 2009 Terril Lane Apt. 24 Louisville, Ky. 40218 (502) 459-8770 Age35 Whetzel, Stanley W., Jr. 1516 Edgewood Place Louisville, Ky. Louisville Law Examiner, January 8.1981 B.A., Journalism. Wester.n Kentucky University 1976; Work experience. Full-time High School Math teacher, Field Hockey Coach. Expected graduation: May 1981. Editor-in-Chief of Louisville Law Examiner; Book Awards, Contracts II, De· cedents Estates I; Managing Editor of Journal of Law and Education; Scholarship Award, Law School Research Assistant, Delta Kappa Gamma; Work related experience, Intern in Prosecutor's Office and Child Support Investigator. Expected graduation: May 1981 . B.S., Sociology, University of Louisville 1977; Secretary and VicePresident Moot Court Board; Dean's List; Work related experience: Jefferson County Department for Human Services. Expected graduation: May 1981. A.B., English Literature, Duke University 1971 ; Member Moot Court Board; Moot Court Mentor; Honor Council; Work related experience, Faculty Research Assistant. Expected graduation: May 1981. Williams, Helene Gordon 4116 Sanford Avenue Louisville, Ky. (502) 458-6120 Age 28 Wright, John B., Jr. 9084 Timberview Way Louisville, Ky. (502) 636-5036 Age 23 Louisville Law Examiner School of Law University of Louisville Louisville, Kentucky 40208 B.S. Math Education, University of Cincinnati 1974; Treasurer, Moot Court Board; Dean's List; Chairman of Committee for Night Moot Court Program. Expected graduation: May 1981 . B.A., Finance, University of Tennessee 1978; Business Manager. Louisville Law Examiner; Dean's List; Scholarship Award; Assistant Track Coach; Work related experience, Kentucky Department of Labor, City Law Department, IRS Appellate Division. Expected graduation: May 1981 . Non-Profit Organization U.S. POSTAGE PAID Permit No. 769 Louisville, KY John M. Harlan Louis D. Brandeis Louisville Law Examiner Volume6 NumberS January 8, 1981 Dean's State of the Law School Address ... page3 Special Issue: Senior Bulletin ... pages 6-12 In the photo at right Leo Smith, Journal of Family Law candidate, works on a casenote during the holiday break. |
Subject |
University of Louisville. School of law University of Louisville--Students University of Louisville--Alumni and alumnae University of Louisville--Faculty University of Louisville--Employees Law students Law & legal affairs Law and legislation--Kentucky Law and legislation--United States Law libraries Legal education Libraries |
Location Depicted |
Louisville (Ky.) Jefferson County (Ky.) |
Date Original | 1981-01-08 |
Object Type | Newspapers |
Source | Various-sized print newspapers published by students of the University of Louisville School of Law. The print edition may be found in the University of Louisville Law Library or the University of Louisville Archives and Records Center. |
Collection | Law Library Collection |
Collection Website | http://digital.library.louisville.edu/cdm/landingpage/collection/law |
Digital Publisher | Law Library of the Louis D. Brandeis School of Law, University of Louisville |
Format | application/pdf |
Ordering Information | The publications digitized in this collection are the property of the University of Louisville School of Law and are not to be republished for commercial profit. To inquire about reproductions, permissions, or for additional information, email lawlibrary@louisville.edu. |
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