Louisville Law Examiner 
Serving The University of Louisville School of Law Community 
Volume 6, Number 7 Louisville Law Examiner, March 13, 1981 Circulation 4200 Volz to Head New Public Service Commission
 Professor Martin Volz takes a one year leave of absence from his teaching duties to head a new commission.
 He will continue teaching Procedure II day class for the remainder of the semester. 
By TOM SCHULZ
 Professor Marlin M. Volz was chosen to
head a new three-member Public Service
Commission by Governor John Y. Brown,
Jr. Volz has taken a leave of absence from
his teaching duties at the School of Law in
order to devote his time and service on the
new commission, which began operation
on March 1. The position will be full-time.
The commission will determine utility 
rates in the Commonwealth and will make 
decisions concerning proposed rate in­creases
such as the one recently posed by
South Central Bell. In addition, the com- ·
mission will also deal with the issues raised
by changes in the natural gas, electric and
telecommunications industries.
The new commission replaces both the
Energy Regulation Commission and the
Utility Regulation Commission. It was
created by executive order last November
and recently withstood a legal challenge in
Franklin Circuit Court. It is still subject to
ratification by the Kentucky General
Assembly in 1982.
Volz's appointment is also subject to the
approval of the legislature's interim joint
Committee on State Government. Confir­mation
hearings are expected to be held in
the next few months.
Volz had served as dean of the University
of Louisville School of Law from 1958 to
1965 . After an unsuccessful bid for the
mayor's office in 1965, he returned to
teaching at the School of Law. He has also
served as Jefferson County judge pro tern
and as a probate judge.
Volz was also head of the first city­county
Human Relations Commission, and
a faculty representative on the Board of
Trustees. He has been active in the School
of Law Alumni Association and is a charter
member of the School of Law Alumni
Foundation. He has also worked with the
establishment of a full-time placement of­fice
at the School of Law and in the
organization of the school's Continuing
Legal Education program. Aside from his
teaching and other duties, Volz has
published extensively especially in the field
of federal procedure and jurisdiction.
Volz's appointment points out the
respect he has earned over the years for his
sincere and diligent efforts at improving
the School of Law. His appointment also
makes a good reflection on the school.
The other two members of the three­member
Public Service Commission named
by Brown are Katherine Randall, head of
the now defunct Utility Regulatory Com­mission,
and Dennis Carrigan, executive
director of both the Utility Regulatory
Commission and the old Energy Regula­tion
Commission.
Mike Luvisi elected; sets goals for SBA 1981-82
By MIKE SMITHER
Mike Luvisi will head the newly elected
administration of the Student Bar Associa­tion
as president as a result of the school­wide
election held recently. Luvisi will
oversee the various everyday operations of
the SBA as well as develop long range pro­grams
for the students. Luvisi will bring
with him the experience he gained serving
as Secretary of the SBA this past year. Jon
Webb will assume the position of Day-Vice
President and will work with Luvisi and the
rest of the officers in the development and
organization of the SBA's various pro­JCams
and activities. Harold Stovment,
elected Night Vice- President, will assume
similar responsibilities. Lucy Helm, elected
Secretary, will be responsible for the
various s~cretarial duties of the SBA. Teri
Hasenour, re-elected Treasurer, will bring
last year's experience as Treasurer
with her in handling the SBA's accounting,
budgeting and other financial matters.
Mark Beal was elected Representative to
the Law School Division of the ABA and
will represent the student body at the ABA
Convention in New Orleans, Louisiana this
coming summer.
At a recent interview, Mike Luvisi, the
new President of the SBA, discussed
several topics.
Luvisi was asked what his top priority
was for the SBA in the coming year. "I
want to establish a better relationship with
the administration," he replied. He went
on, "I would like to see the Dean more in
contact with the students. While we get
good cooperation with matters concerning
finances, there is not much involvement
with student organizations." Another top
priority of Luvisi's administration will be
reviewing and reworking the SBA's budget.
"We have a great deal of spending on un­necessary
items. I am going to get the dif­ferent
organizations to give more definite
proposals as to what the money will be used
for," Luvisi said. At the present time, any
monies not used by the organization, if not
redistributed by the SBA, lapses back to
the SGA of the University.
Luvisi would like the SBA to be in a posi­tion
to devote more money to student ac­tivities.
"We finance a great deal of the
Moot Court program, which is required
here. We help finance ·orientation and
graduation. I think these programs should
be budgeted by the Law School and I would
like to see some consistent budgeting funds
from the administration."
Luvisi doesn't expect the recent state
budget cuts to effect the SBA's programs.
"The Student Bar Association is not depen­dent
financially on anything other than stu­dent
fees. I expect our budget to get a
$1,000 to $1,500 raise, due to cost increases
and also due to the fact that our budget
hasn't been raised in the last three or four
years," he said.
Luvisi was asked what can be done to
further upgrade the placement service of­fered
by the Law School. "I am hoping
that the administration will put more
money into it. The placement office is so
vital. Ms. Phyllis Leibson, (Director of the
Placement Office) has some good ideas for
further use of the placement office and its
services, including as expanded format for
the Senior Bulletin. I feel Ms. Leibson is
doing an excellent job."
Turning to a different topic, Luvisi
discussed various policies of the Law
School he feels need to be re-evaluated.
Luvisi felt the major reason the recent
grievance procedure formulated by the
SBA was not approved by the faculty was
that, ''the review of grades by students will
never be accepted by the faculty." Under
the present system, students sit in on the
Grievance Committee meetings, but are
asked to leave when particular cases are
brought forth. "Dean Smith is presently
acting in a capacity as faculty liason on this
issue, and we are hoping for further discus­sion
of the problem," said Luvisi. Luvisi
Newly elected offken of the Student Bar Association (left to right) Mike Luvisi, President; Teri
Hasenour, Treasurer; Harold Storement, Night Vice-President; Lucy Helm, Secretary; John Webb,
Day Vice-President; Mark Beal, ABA/LSD representative.
feels that siudent representation should be Luvisi stated that he believed more could
more substantial on the Readmission Com- be done to improve minority representation
mittee as well. Under the present system, in the law school. Luvisi stated minority
student members are present for general representation is "embarrassingly low. The
discussion, but leave when particular cases school has done a poor job of recruiting
are discussed. "Students should have a say- minority students. I hope to develop pro­so
on that committee. I'm disappointed grams enticing minority applicants," he
that the faculty perceives students as not stated.
capable of respecting the confidences Finally, Luvisi stated he was "really
which are necessary to that committee. happy to see the people who got elected, get
We're not children.'' elected. I think we'll work well together.''
..
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Louisville Law Examiner
EDITORIAL BOARD
Elizabeth S. Ward, Editor-in-Chief
Tom Schulz, Managing 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
Gail Dopf Nick Riggs
Joram Salig Rich Milster
John Tate Linda Thomas
Kevin Ford Mike Smither
Mike Milby Bill Savarino
Ruth Ann Cox
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. '
Editorial
Today finally did it for me! I can no
longer silently watch law students throw
paper wads and paper airplanes during
class time; set ciocks back to confuse pro­fessors;
and sign other students' names to
the roll sheet. I don't expect this editorial
to change such immature, boorish and even
dishonorable behavior, but at least I want
to take a stand against it before I go.
Most of us are television babies; we've
been entertained by cartoons and weekly
shows so long that we expect to be enter­tained
and amused by all professors as
well, Many of our high school and
undergraduate courses were taught by
videotape or films. The lecturers chosen for
those media were always the most colorful
and exciting. Therefore, when we have so­meone
in front o us, we instinctively ex­pect
to be "entertained" as well as taught.
This is not meant to be a defense of all
professors at this law school; I grant freely
that certain ones bore me into a state of
somnolence. However, my being bored by
the lectures does not give me (or anyone
else) the right to be discourteous in the
classroom. Knowledge is valuable, no mat­ter
from who it is gleaned.
I don't think the childish pranks are
centered in any one class, but in persons
with a mind set of 13 or 14 years of age. (I
have seen 5 year olds accomplished in the
art of paper airplanes.)
The most recent embarrassment to me as
a law student occurred when one student
initialed the roll sheet on behalf of an ab­sent
student who neither requested it nor
knew about it - until notified by the pro­fessor
to report to the dean to clear his
name. The professor evinced a look of in­credulity
that a law student would actually,
and in his class, falsely credit another stu­dent
to be present. When one examined the
roll sheet, it was clear that no accident had
occurred. From that incredible moment on
the professor doubted the veracity of all
persons in the room, including mine,
because I too had initialed the roll sheet in
blue ink, as had the culprit.
~1-resent-being_ included-in that-mind se~
of 13 to 14 year olds. I feel a sense of rage
at the person who brought the cloud upon
the integrity of not only the absent student,
but also upon all of us present.
I implore such persons either to grow up,
drop out to return when they are sufficient­ly
mature or take up paper crafts down at
the nearest junior high school. Such
behavior is not in compliance with the
charge to "avoid even the appearance of
impropriety" in the Code of Professional
Responsibility.
Dr. Michael G. Skinner, presently Assistant Professor of Special Education at tbe University of
Louisville, conducts a mini-seminar on Coping with Stress at the School of Law.
Coping in Law School;
Psychologist Stresses Interaction
By LINDA THOMAS
Dr. Michael G. Skinner, presently Assis­tant
Professor of Special Education at the
University of Louisville, holds a B.S.,
M.S., and Ph.D. in the areas of special
education and counseling. He is currently
doing research on student stress and its ef­fects
upon the learning process. On
February 19, 1981, the Law Forum spon­sored
Iris discussion of the symptoms of
stress. Dr. Skinner returned on March 10,
1981 to the Allen Court Room at noon to
discuss methods of stress management.
"Stress," said Dr. Skinner, "is the fric­tion
that results when an organism interacts
with its environment." Stress ·is NOR­MAL;
only when the environment sets ob­jectives
for the individual that he cannot
successfully meet does stress become
debilitating. The opposite of stress is death;
too little stress can be more difficult to
cope with than too much. The physical and
psychological components of stress are in­separable.
"It is impossible , to armor
oneself against stress," Skinner empha­sized,
"it is only possible to learn to cope
with it effectively." There is no such thing
as positive or negative stress; however,
reactions to stress may be positive,
negative, or neutral.
Dr. Skinner rated the three job
categories most subjected to stress as
1) ATTORNEYS, 2) repairmen, and
3) policemen. Eleventh on his most-stressed
occupation list was STUDENTS, especially
graduate and professional school students.
Stress is a series of stages through which
individuals move constantly between nor­mal
and abnormal coping behaviors. Dr.
Skinner characterized these stages as
follows: 1) adjustment, 2) reorganization,
3) disorganization, 4) exhaustion, and
5) collapse. "Adjustment" denotes normal
coping behavior.- ''Reorganization"­denotes
the constant process by which each
individual tries to cope with the demands
of his environment. When the environment
demands more than he can effectively pro­vide,
"dis-organization" ensues. The
hallmark of disorganization is the feeling
of free-floating anxiety probably very
familiar to law students.
Disorganization leads to "exhaustion,"
ennui, burnout; this is when the individual
begins to give up, ceases to care, and feels
he has no power to change hil<>wn life. Dr.
Skinner described this stage as ·the "What­the-
hells." Unless exhaustion is reversed, it
proceeds to "collapse." This is where the
individual "goes ·over the edge." Collapse
can lead to insanity, characterized by Dr.
Skinner as a "total dependency on the en­vironment."
Unchecked, the effects of continued
stress can be disasterous for the human
organism. Stress accelerates aging. It ·
manifests itself in' everything from pimples
to heart attacks. If one fails to do
something about stress in the early stages it
progresses inexorably and in time will
result in death.
The first symptom exhibited by the
stressed individual is irritability, crab­biness.
Other people react by ignoring the
irritable person, and he reacts by becomm­ing
even more irritable. The stressed in­dividual
exhibits constant complaining
behvior. His "scapegoating," blaming
others for his problems, tends to drive
others away. Dr. Skinner sees scapegoating
as a form of cheap self-esteem in that the
individual who blames others excuses
himself from taking responsibility for his
own actions.
Individuals under stress have difficulty
making decisions, especially decisions
about inconsequential matters. Again, the
person who makes no decisions incurs no
· responsibility for decisions.
A stressed individual frequently sinks in­to
boredom and apathy. He doesn't care;
he refuses to do anything about his life. In
a morass of existential despair, the stressed
individual revels in feeling deliciously sorry
for himself. Minor sicknesses such as
colds, allergies, aches and pains are fre­quent
stress warning signs, for the stressed
individual perceives sickness as a societally­condoned
excuse for non-performance.
Finally, the stressed individual is
hypersensitive to criticism. He becomes
vigilent for slights. The hypersensitive per­son
is usually hypercritical of others. This
gives him a sense of control over his peers.
Having recognized several warning
signs, how can one proceed to manage
stress reaction? Dr. Skinner emphasized
that: "Managing stress takes courage; it is
only through reaching out and interacting
with others that we develop the attributes
necessary to solve .. the problem in a
positive, nondestructive manner."
Skinner advocates a 5-pronged approach
to the management of stress. First, the in­dividual
must act to alter his relationship
with his environment. This involves the dif­ficult
tasks of a) identifying the original
stressor and any splinter problems which
may have developed, and b) actively at­tempting
to solve these problems in a
satisfactory manner.
Second, the individual must anticipate
future stressors and attempt to prepare
himself to meet them. One example is to
prepare for fial exams by studying further
in advance for them. A caveat is ap­propriate
for the individual attempting to
manage stress: He should beware of
preparing so diligently for all imagined
problems that he is overwhelmed by the
unexpected simply because he has no plan
for counter measures.
Physical conditioning is the third prong
of Skinner's approach to stress manage­ment.
Good conditioning reduces
detrimental physiological responses to
stress and facilitates active coping
behaviors.
Fourth, realistic goals and life style
should be designed by the stress manager.
Nothing accelerates stress more than hav­ing
no goals, unattainable goals, and living
beyond one's means. Realistic obtainable
goals are a great aid to mental health in
that they give the individual something to
work for, a purpose in life and confidence
to attain it.
Fifth and most important in stress
management is involvement with others.
Involvement with others is the lifeline
which ties people to reality. Isolation of
self through disease, mental illness, drug
dependency, fear of interaction is the
greatest cause of stress today. In contrast,
support of others tends to mediate and
reduce the effects of stress. Talking things
over, compassion, understanding and
forgiveness of others strengthen each in­dividual's
ability and resolve to face
reality, and thus effectively manage stress.
SUMMER
LAW STUDY
in
Guadalajara
London
Oxford
Paris
Russia - Poland
San Diego
For information: Prof. H. Lazerow
U. of San Diego School of Law
Alcala Park, San Diego, CA 92110
Louisville Law Examiner, March 13, 1981
NIGHT and DAY
By DIANE KIMBEL
First Year Night Division Student, and
reporter for the Louisville Times.
We have a saying in the journalism pro­fession:
Get it right, and get it fast. I would
now like to extend that motto to my fellow­suffers
in the evening division, and to sug­gest
there might be a lesson in that for the
faculty and staff of this institution, as well.
When you are working 40-plus hours a
week, as many of us are, and when you
have the responsibilities of a home and a
family, as many of us do, you rapidly learn
the value of getting it right in law school,
and getting it fast.
I entered this place last fall, and I
remember with a smile that borders on
smirk something a student advisor told
some of us during orientation. The way to
crack a brief, he said, was to read each case
once for overview, next for issues, then for
detail. Show me a night student with time
to read each lesson thrice, and I'll show
you an under-employed candidate for the
day division. I venture most of us would
find reading something twice to be a
wasteful luxury; getting through it all once
is a stroke of good planning. We have no
choice but to get it right ... and fast.
It's not that we don't care. ·We wouldn't
be here if we didn't, because - QJ.Jite
frankly - it's too much of a sacrifice
otherwise. I know of one first-year night
student who comes here each night directly
from a demanding job, rushes home by 9
or 9:30 for a precious fifteen minutes with
his toddler, then has an hour to spend with
his wife before she reports to her job on
night shift. In the morning, before his wife
comes home, he takes the child to nursery
school, then reports back to work. And on
and on.
(I'm more fortunate than most in the
class; I married my desk mate. If we want
to communicate, we can always pass
notes.)
Who are we? According to administra­tion
records, the average age of the first
year night student is 28, versus 25 for the
day division. There are 53 of us currently
listed on an attendance sheet that made its
rounds through the class I just attended. I
count 29 men and 24 women. There is one
Army captain in the class, several univer­sity
employees, an couple of bureaucrats, a
number of school teachers, one other jour­nalist,
a trade unionist, some who presently
work in and around the court system, the
comptroller of a local food distribution
firm and an employee of a large corpora­tion
that delivers health care. One of us
holds a CPA, several of us have masters
degrees in other fields, and at least two are
doctoral candidates.
A motley crew, yet each of us is here to
study the law. When asked why, a few re­ply
that their desire to · do this pre-dated
their present professions, but cir­cumstances
forced postponement until
now. Some said their interest was latent,
sparked by contact with the legal profes­sion
in the things they do by day. One
woman said she always wanted to be a
lawyer, but was intimidated by the thought
that only the "very special" could aspire to
such things. She changed her mind - and
enrolled in law school - after meeting a
few lawyers.
So we come here four nights a week and
sit in those unwieldy swivel chairs for up to
three hours at a stretch, not including cof­feebreaks.
We spend our weekends
reading, and worrying about the things we
don't have time to read. And with the addi­tion
this semester of legal research and
writing courses, we spend whatever time we
have left bumping heads over the
Shephard's shelf in the library. War is
Hell, and so is night law school.
All of which brings us to a conclusion -
and one question. We know it's Hell, but
do they? By they, I mean the professors
and administrators of this institution. I
think some do. We have had some instruc­tors
who appear as sincere in imparting an
education as we are in wanting to receive
one.
But some, apparently, do not.
Let me inject, hastily, that this is not a
plea for special treatment of the night stu­dent.
As one professor has pointed out, we
all - in the end - take the same bar exam.
The test is not marked "Night" and
"Day.' But I do think we could all benefit
from more of two things we have the right
to expect: competent instruction and
respect.
I do not know what, in terms of
teaching, awaits us in the coming years. I
do know that of the professors thrown at
us in our first year, a few have been good
- even excellent, but some have been
abysmal. When instruction is poor, passing
finals becomes an exercise in reading the
law ... to oneself. A few of the notebooks
I bought for class notes are empty save for
doodles, and that is not right.
This, then, is a plea for good instruction,
adequate instruction. It's to be valued by
the day student; to their nocturnal counter­parts,
it's essential.
It is also a plea for respect. We have
chosen to come here, we are giving up a lot
to come here,. so why the silly rules? The
''three-cuts-and-your-grade-goes-down''
regulation is particularly annoying, since
the student it is likely to punish is the one
the school should most highly value. Not
the uninterested one, because who would
suffer this if he weren't interested? Instead
it falls upon the active student whose out­side
responsibilities occasionally intrude. (I
might also add that a judicious cut or two
could actually enhance one's law school
education. Time misspent in a badly
presented lecture could be well-spent in the
law school library.)
So to the educators and those in charge
of this institution, I offer a paraphrase of
our motto. Give it to us right, and give it to
us fast. We have little time to waste.
Santa Clara offers study abroad
• TOKYO,JAPAN
Emphasis on U.S.-Japanese Trade.
Courses in Japanese Legal System,
Economic Entry in Japan, Regulation of
U.S.-Japanese Trade. Internships available
with Japanese Law Firms and Corporate
Law Departments.
• OXFORD, ENGLAND
Students live in 15th Century Oxford Col­lege
and are taught by Oxford Professors in
Oxford Tutorial Method. Course offerings
include Jurisprudence, EEC Law, Legal
History, Computers and the Law and
various Comparative Courses.
•STRASBOURG, FRANCE
Emphasis on International Human Rights.
Public International Law taught by
recognized experts from around the world.
Affiliated with International Institute of
Human Rights. Courses in Law of
Treaties, National and International Con­trol
of Multi-national Corporations. In­ternship
possibilities following classwork.
•HONG KONG
Commercial focus for China and Southeast
Asia. Courses include Law of PRC, Finan­cing
and Taxation of International Tran­sactions.
Internship possibilities.
For further information, write:
Director, Summer Overseas Programs
School of Law
University of Santa Clara
Santa Clara, CA 95053
To reserve your place, please include
$50.00 deposit for Strasbourg, Tokyo and
Hong Kong; $100.00 for Oxford.
Dean's Dicta
On February 5 and 6, 1981, I had the
pleasure of attending the midwinter
meeting of the Section of Legal Educa­tion
and Admissions to the Bar of the
American Bar Association, in Houston.
I listened and participated in discussions
of current problems facing legal educa­tion.
Typical of some of the problems
were the following:
Professional skills training. The pro­posal
to amend Standard 302(a) of the
ABA accreditation standards _generated
substantial comment among legal
educators. As amended, the standard
requires that a law school:
1. "offer to all students ... the
core of the law school curriculum;
2. offer to all students at least one
rigorous writing experience;
3. offer training in professional
skills, including trial and ap­pellate
advocacy, counseling,
negotiation and drafting; and
4. require of all candidates for the
first professional degree, instruc­tion
in the duties and respon­sibilities
of the legal profes­sion
... "
The most controversial portion of the
new standard is the italicized language,
which specifies certain specific subjects
to be included in training in professional
skills. Some of the legal educators ob­jected
to the ABA's prescribing par­ticular
courses. Others took the position
that added courses necessitate added ex­pense,
at a time when law schools are
hard presses financially.
For my part, I believe that the new
standard well expresses the objectives of
the law school curriculum. It is quite
consistent with our present program.
We offer among our advanced courses
and seminars Courtroom Law and
Technique, Non-Jury Litigation, Ap­plied
Criminal Justice, Written Ad­vocacy,
Legal Counseling, Business
Planning, Tax Planning, Estate Plann­ing,
and Internship in Legal Aid. Some
of these involve simulated trial ex­perience;
others include participating in
"live client" situations; and still others
center around drafting, counseling, and
negotiation. Moreover, we require that
all students complete the courses in
Basic Legal Skills and Professional
Responsibility, and satisfy a "rigorous
writing experience," typically in con­junction
with a seminar chosen by the
student.
As amended, Standard 302(a) should
present few, if any, problems for our
law school. On the whole, I felt that we
were doing as well, or better, than most
law schools in this area.
Continuing Legal Education (CLE). I
had a similar feeling with respect to our
efforts in continuing legal education.
~ach year we offer a wide variety of
programs both in Louisville and around
the state to help the practicing lawyer
maintain his professional skills. We
have sought to present high quality pro­grams
at relatively low cost. Since the
Kentucky Bar Association's introduc­tion
of the voluntary certification pro­gram
last year attendance has increased
markedly. During 1981-82 we hope to
work even more closely with the KBA
and the Commission on Continuing
Legal Education to provide the best
possible CLE programs for the lawyers
of Kentucky.
In Houston there was a good bit of
discussion with regard to competency
and specializaton of lawyers. Min­nesota,
Iowa, Colorado and a number
of other states require a licensed at­torney
to take from ten to fifteen hours
of CLE each year. Other states, such as
Dean Harold G. Wren
New Jersey, New Hampshire, Rhode
Island, and Montana, have instituted
mandatory ''bridge-the-gap'' programs
or internship requirements for newly ad­mitted
attorneys. Still others, such as
California, Arizona, Florida, New Mex­ico,
and Texas, have developed a variety
of formal specialization procedures,
designed to certify, recognize, or
designate specialized competence. In the
words of Dean Michael J. Kelly of the
University of Maryland School of Law:
"The range of activity in the last
decade directed at improving
competence within the profession
is extraordinary both in terms of
the level of energy and concern as
well as diversity of approach.''
Whatever we do in this area in our state
will be through the Kentucky Bar
Association and the CLB Commission.
We are ready, willing and able to pro­vide
support for the Bar in every way
possible.
Financial Resources. As might be ex­pected,
a major topic of conversation
among the law school deans was the
problem of financial resources at a time
when more is being demanded of the
law school, but financial constraints
constantly increase. As one observer put
it:
"(L)aw school direct cost have in­creased
at a slower rate that the
general rate of inflation. Salaries
are a large share of the law school
budget and these salaries, both in­structional
and supporting staff,
have lagged behind consumer
price index increases."
The obvious danger in this situation is
the ultimate decline in the quality of our
instructional program. For the first
time, law schools are losing outstanding
young law teachers to more lucrative
private practice, simply because the
schools have been unable to keep pace
with the rising cost of living.
Fortunately, there are still able young
persons who aspire to teach law
although their incomes are far less than
their counterparts in the practice of law.
Our school has been successful in retain­ing
its faculty, and in gaining some
salary increases. But as we move into
the nineteen eighties, we must husband
all state resources, and raise as much
money as we can from private sources.
Costs are bound to increase, but by
careful budgeting and management, we
shall make sure that the University of
Louisville School of Law continues to
provide the best possible preparation
for future lawyers of Kentucky, as well
as the best educational support for the
Bar.
Respetfully.
Harold G. Wren
3
.
...
••
4 Louisville Law'Eubllaer, Marc1113, IiNil
Faculty Research and Publication Co,
by Joram Salig
Mike Milby
Richard Milster
GaiiDopf
Frank Bush
Photos by Scott Furkin
Research and publication flourishes at
University of Louisville School of Law
with nine fulltime faculty members and ad­ministrators
authoring a wide variety of
materials over this past year.
The law school administration en­courages
such activity for a number of
reasons: first, the professors keep on top of
their specialized areas, resulting in compe­tent
instruction; second, the reputation of
the School of Law is enhanced by
authoritative publications of their faculty
members.
The subject matter of the latest faculty
and administration research and publica­tions
consist of a "handbook" on the
Uniform Commercial Code, a refernce
book for corporate practitioners, tort law
in Kentucky as it relates to Wrongful Death
and Products Liability, family law on child
snatching and federal taxation aspects of
dissolution, constitutional law for police
and prisoners and accreditation revisited.
Associate Dean Smith
Steven R. Smith, Associate Dean, has
been busy writing and publishing as well.
During the spring semester he will have an
article entitled "Accreditation Revisited:
ABA Reexamination of Approved Law
Schools" published by the Wayne Law
Review. Another article, "Constitutional
Privacy in Psychotherapy," will b'!
published during the spring by the George
Washington Law Review. Dur.ing the fall
semester, he presented a paper to the
American Psychological Association at its
annual meeting which was held in Mon­treal,
Canada on the application of in­decent
exposure laws to exhibitionists.
Constitutional Law for Police and Prisoners
Professor Jacqueline Kanovitz recently
completed the Fourth Edition of the book
Constitutional Law for Police which she
co-authored with John Klotter, Dean of the
School of Police Administration of the
University of Louisville.
Though the book is unrelated to any of
the courses which Prof. Kanovitz teaches,
she has been a co-author of the book since
its First Edition was published in 1977,
when she was a senior law student.
Police Administration was a new field at
the time, she explained, and there were no
textbooks from which to teach. There are
very few textbooks even now .and Klotter
and Kanovitz's book was among the first.
It discusses constitutional decisions
directly affecting police work and ad­ministration
and is of interest to law
students as well. Unlike other police ad­ministration
books, this is a textbook and
not a case book, Kanovitz added.
The authors continue to provide an an­nual
supplement for the book, published
by Anderson Publishing Company and
revise it at three year intervals. Meanwhile,
Prof. Kanovitz also plans some future
writing in the commercial field.
Professor Leslie Abramson has recently
published an article on "Entrapment and
Due Process in the Federal Courts." The
article is co-authored by Lisa Linden'len
and is in the American Journal of Criminal
Law. This area is particularly relevant to
the ABSCAM trials.
Also published, is a chapter on De­tainers,
which has been included in a book
entitled, Prisoner's Rights Sourcebook,
Volume II. This work was edited by Ira
Robbins of American University Law
School.
Other works include two cases outlined
for the Preview of United States Supreme
Court Cases. These cases are completed by
faculty members at various law schools
who received briefs that have been filed,
and then write a summary of the
background and significance of each case
along with the arguments presented.
Professor Abramson also intends to
write an article on Extradition in the near
future to compliment the book he previous­ly
published on Criminal Detainers.
Professor Abramson
Uniform Commercial Code
Providing a practical aid to Kentucky practitioners, students and judges is the goal of
professors David J. Liebson and Richard Nowka as they continue work on their first
book, tentatively titled The Uniform Commercial Code of Kentucky. The book will be
published by the Michie- Bobbs- Merrill Publishing Company and is nearing final draft
form.
Prof. Liebson will be primarily responsible for articles I, II, III, IV, and VI, while
Prof. Nowka will be writing on articles VII and IX. Third year student Sam Fritschner is
authoring article VIII, while local attorney and recent University of Louisville Law School
graduate Lisa Hughes is writing on article V. Prof. Leibson hopes to see the book finished
by the end of the summer with publication before next year.
Written in a "hornbook" style, the book will feature Kentucky cases under the UCC, as
well as cases from other jurisdictions. While the book will analyse all Kentucky UCC
cases, it will also focus on issues with which Kentucky judges have not yet been faced. By
analyzing and comparing decisions in other jurisdictions, professors Liebson and Nowka
will not only explain what the law is in Kentucky, but also have what they believe the law
should be. "In the last four to five years there has been much UCC litigation. "Most local
lawyers are going to be enthusiastic about this book,'' Liebson said.
Professor Nowka Proleuor Lelbson
Corporations Reference Book
In an advertising letter to corporate ex­ecutives,
a spokesman for the publishing
company Prentice-Hall, Inc. describes a
new publication as a vital corporate
reference source which will give corporate
officers and directors quick and concise
legal answers to tough questions concern­ing
corporate law. That reference source is
Corporate Officer's and Director's Desk
Book by William Read of the faculty of the
University of Louisville School of Law.
According to Prof. Read, the hard­bound
blue book is the fruit of an endeavor
which began in 1974 when Prentice-Hall
approached him about doing a corporate
desk book. A contract for the work was
signed in 1975 and the actual writing ex­tended
over the next four years.
The book, which is based on the Model
Business Corporation Act, did not require
a great deal of library research, says Read,
but did require a careful organization of
the material. In writing the book, the
author drew upon his varied life ex­periences
as a valuable resource pool, his
practical experience with a Wall Street law
firm serving primarily corporate clients, his
"insider" experience as a corporate
secretary with the Campbell Soup Com­pany,
and his teaching experience as a pro­fessor
of corporate law, securities regula­tions,
business planning, and professional
ethics.
The text of the book is divided into three
parts: Part I deals with creating and
managing a corporation, Part II with more
complex legal issues confronting an
established and successfully functioning
corporation, and Part Ill with ethical con­siderations
touching both a corporation as
an entity and officers and directors per­sonally.
Specific examples are provided by
the introduction of three imaginary
entrepreneurs-Diggs, Hall, and Doe-whose
activities with a mythical coal mining enter-prise,
Dighaldoe, are traced throughout the
book. The text is followed by an appendix
of model documents, agreements, and
forms.
Corporate Office's and Director's Desk
Book is not a legal book, asserts Prof.
Read; rather, it is a work for non-lawyers,
particularly those involved in corporate
work but who possess little legal
knowledge. It could be used as a textbook.
in teaching a course in corporate law, states
the Professor, but its use in such a manner
would probably be less effective than the
use of a traditonal casebook. Read further
believes that the book, even though geared
for use by those actually involved in cor­porate
work, could nevertheless serve as a
useful aid to a student taking a course in
corporations.
The sale price for the book is $49.95.
The law school library has obtained two
copies which should soon be available for
student use.
Professor Read
Louisville Law Eumiaer, March 13, 1981 5
I r a Wide Variety of Legal Subject Matter
Domestic Relations
Professor Levy
Professor Martin Levy has been very
busy this year writing papers and articles
on one of his favorite topics: family law.
His most recent writing is the position
paper for the National Conference on
Child Support Research and Public Policy
to be held April22-24 in Madison, Wiscon­sin.
This paper re-examines the fundamen­tals
of child support, taking into account
the modern methods of birth control and a
doctrine of "mutually accepted risk" by
sexual partners. Prof. Levy theorizes that
''whoever unilaterally alters the risk (of
pregnancy) should be responsible for child
support.' ~
Following the Conference, Prof. Levy's
and twenty-one other commissioned papers
and an overview paper will be published by
Academic Press in the . Institute for
Research in Poverty Policy Analysis series.
Another recent paper, "Toward a New
Definition of Family Rights" espouses the
theory that the Supreme Court has
"redefined the family." This paper was co­authored
by Prof. Levy and Sara Walter
Gross, a recent School of Law graduate,
and updated by Patricia Linne O'Neill.
Prof. Levy's idea for this work was to put
into coherent form all the Supreme Court
rulings on family law and see if they went
anywhere, he said.
"Most scholars say the Supreme Court
has obliterated the family," said Prof.
Levy, but this paper shows it has given the
family "new shape" and expanded the fun­damental
rights of family within the Con­stitution
to include more people. This has
become necessary to comport to the new
family living patterns of the "extended
family" of the seventies. This paper is now
out to publishing companies for accep­tance.
Together with School of Law students
Murray Porath and Udell Levy, Prof. Levy
wrote the paper "Statute of Limitations in
Paternity Proceedings.' '
Recently submitted to the Legal Essay
Department of the Family Law Journal,
this paper states that such a statute of
limitations is unconstitutional because the
action belongs to the child and the statute
should be tolled during the child's minori­ty.
A limitation period which runs out
before the child can make a reasonable
decision to sue or have the chance to sue is
a violation of substantive due process.
"The child has an innate emotional right
to know his father like an adopted child's
right to know his parents," said Prof.
Levy. There are no statutes of limitations
on an adopted child's chance to learn his
biological parentage and it is a denial of
equal protection to place such short limita-tion
periods on the illegitimate child. This
area is in a state of flux, explained Prof.
Levy.
Prof. Levy co-authored "Childsnatch­ing,"
the cover story of the January­February,
1980 edition of "The Pro­secutor,"
the Journal of the National
District Attorney's Association. Here he
proposes the adoption of uniform criminal
legislation to make childsnatching a
criminal offense. This proposal would give
the state where the snatching parent tries to
obtain custody or any state where the snat­ching
parent has dominion over the child,
criminal jurisdiction over the offending
parent. Furthermore, it leaves to each state
· the legislative determination of the
criminal penalty for snatching children
under age 14. Childsnatching is a topic
which has recently come to national atten­tion
and undoubtedly Prof. Levy will write
about it in t~e future.
Professor Petrilli
Professor Ralph S. Petrilli is in the pro­cess
of putting together one section of what
will become a seven or eight volume set
covering all aspects of federal law. Prof.
Petrilli is responsible for that portion
covering federal income tax aspects of
divorce (dissolution). The volumes are ex­pected
to be aids for the practicing at­torney,
especially in this area where tax
consequences can be "horendous" if not
properly planned. This set is being
assembled from work by various authors,
including Judge Marlin Volz, and will be
published by West Publishing Co.
In the latter part of 1980, a pocket part
to Petrilli's popular Kentucky Family Law
was released by the W.H. Anderson and
Co. of Cinncinnati. Complete with 235
pages of forms and index this publication's
updates the professor's authoritative text
on Family Practice.
With the recent case of surrogate
motherhood gaining national attention,
Petrilli has been collaborating with Katie
M. Brophy, the local attorney who has
handled the legal aspects of the case, on an
article soon to be published. The article will
contain the contract used in the case show­ing
the rights of all the involved parties. In
the wake of a challenge to its legality by the
state's attorney general, the authors will
discuss the substantive issues involved.
A manuscript is also being compiled by
Petrilli that will be part of the Fourth Edi­tion
of Caldwell's Kentucky Form Book.
Experts in different areas, such as Judge
Volz, are co-authoring the text that will be
keyed to Kentucky cases and rules of pro­cedure.
Petrilli will be dealing with the
marriage and divorce text and forms.
Target date for publication is tentatively set
for the end of 1981.
"The mutual confidence on which all else depends can be maintained only by an
open mind and a brave reliance on free discussion." -Learned Hand
Let us know your point of view.
Letters to the editors should be typed and signed. The editors reserve the right to
edit letters for space considerations and for clarity.
Professor Eades
Tort Law
Death Actions; The Law in Kentucky, has
just been released and the second volume
entitled, Products Liability; The Law in
Kentucky, will be available by November,
1981. Both books set forth the existing tort
law as it is interpreted by the Kentucky
courts. Areas of the law, however, that
have not been thoroughly litigated are
discussed in more depth.
Associate Professor Ronald W. Eades
has prepared works in the field of tort law
and constitutional law. Two of his books
are being published by Harrison Publishing
Company of Norcross, Georgia. Wrongful
· A third book, also to be released in
November, 1981, is the product of an ex­tensive
line of research, which was made
possible in part by a grant from the
Academic Excellence Commission. Watson
v. Jones, The Walnut Presbyterian Church
and the First Amendment, deals with a
Louisville church that split into two fac­tions
as a result of the Civil War, and the
constitutional problems which arose as a
result of the property dispute. The publica­tion
goes into the historical background of
the Supreme Court case, and its ramifica­tions
on First Amendment. The publisher is
Archer Editions Press of Danbury, Con­necticut.
They feel the book will be used by
libraries and add some local color in the
Louisville area.
Placement News
The National Association For Law Placement Employment Report on Law School
Graduates in the Class of 1980 is available for review in the Placement
Office as it pertains to University of Louisville School of Law Graduates of 1980.
The overall employment category is as follows;
TOTAL MINORITY WOMEN
A. GRADUATES-EMPLOYMENT
(Men&: Women)
STATUS KNOWN
1. Employed 83 0 17
2. Still seeking employment 1 0 0
3. Did not pass/take bar exam and
because of this are unemployed 6 3
4. Qualified, but not seeking
employment 0 0 0
5. Total employment status known 90 1 20
B) GRADUATE EMPLOYMENT
STATUS UNKNOWN -28 0 5
C) TOTAL GRADUATES IN CLASS 118 1 25
The large.st ~umber. of 1980 graduates, 48, have found positions in private practice, 25
of those 48 m fums w1th 2-10 attorneys; 11 of the 48 who went into private practice of the
class have been employed in the following areas of the law:
Public Defender 2 0 0
Accounting 1 0 0
Banking and financial institutions 4 0 0
Real Estate 1 0 0
Sales Management
Government
Legal:
Federal 1 0 0
State 5 0 1
Local 4 0 2
Non-legal:
Federal 1 0 0
State 2 0 1
Judicial Clerkships:
Federal 1 0 0
State and Local 3 0 1
Military (LAGC):
Army 1 0 0
Navy 2 0 0
Academic:
Law School Faculty, administra-tion,
law librarian 3 0 0
Advanced law degree 2 0 0
Other; Employed, but job category
not identified 0 0
Graduates-Emloyment Status Known 83 0 0
The bulk of the Class of 1980 are located in the Southeast Region of the United States;
40 of the 70 who stayed in Kentucky have jobs in Louisville. One graduate went to Mem­phis,
Tennessee; 1 to Florida; 1 to West Virginia; 4 to Indiana; 1 to Ohio; 1 to California;
1 to a foreign country; 4 to unspecified geographic regions.
Always of great interest to us hopefuls still at law school is the salary earned by a brand
new attorney. In the Class of 1980, the highest salary reported was $36,000 by someone
employed by a banking and financial institution in Louisville.
The rest of the reported salaries ranged from $9,000 to $30,000 with an average salat)r
overall of $17,728. However, only 38 of the 83 employed reported a specified salary.
-
6 \em:ville Law Euminer, March 13, 1981
Pftoto by S«Ht Fwtilr
Catherine Salsbery, Freshman, waits her turn for appellate argument outside the circuit courtroom.
Paper Chase Continues for
Freshman Law Students
By RUTH ANN COX
As surely as Christmas comes once a
year, moot court was here again. The at­mosphere
was quietly tense around 8:30
a.m. in the Jefferson County Hall of
Justice. Small groups of freshmen law
students expressed surprise upon seeing
their peers in suits and dresses as they
waited to begin the climax of nearly two
months of research and preparation - the
moot court oral arguments. Saturday,
March 7 was the day one hundred and
forty-one freshmen had an opportunity to
act as advocates in an actual courtroom
setting.
Five faculty members and forty-three
second and third year students served as
judges in the oral presentations for which
fresht:nen were awarded a grade of either
"pass" or "fail." Six different problem
situations wre used this year due to the in­creased
size of the freshman class. The fact
situations were related to various freshman
courses, although no procedural questions
were presented. "We try to make the
problems within the competence of first
year students," explained Professor James
Ragan who teaches Legal Writing and is
the administrator of the moot court pro­gram.
Professor Ragan explained that the pur­pose
of moot court is two-fold. First,
students are required to write a formal ad­vocacy
brief which helps introduce them to
legal writing, a style which Professor
Ragan maintains is much different from
other writing styles. Secondly, the oral por­tion
of moot court is designed to expose
students to the courtoom atmosphere and
to givet,them an opportunity to present a
legal argument before a panel. Since the
brief and oral argument are necessarily
related, the amount of time spent working
on the problems gives students a good
background and added confidence in fac­ing
the oral presentation.
"It's difficult to fail. You almost have to
work at it," said Professor Ragan who ex­plained
that a student would have to show
almost a complete lack of knowledge of the
problem to fail his or her oral argument.
Furthermore, the judges would have to be
in total and absolute agreement to give a
failing score. Ragan remarked that there
seemed to be a general consensus among
the judges that students had reacted well to
questions posed to them during Saturday's
presentations. Most judges also served as
mentors to several freshmen, guiding them
in preparation of their moot court
problems. Asked if the large number of
student judges had presented any pro­blems,
Professor Ragan explained that use
of upperclassmen as judges "is more a
norm in moot courts around the country
than it is a difference.''
The reactions of freshmen seemed
favorable toward the moot court ex­perience.
Facing over an hour's wait before
her oral argument, Faith Burns said she
was "relieved to know that the work is
completed and all that's left is to go in and
present my case." After finishing his oral
presentation, Don Battcher remarked that,
"Everything they said in the sessions about
the fact that we would know the problem
was true. It seemed to be a test of our
ability to think on our feet."
Optional oral argument rounds for
freshmen are scheduled for Saturday,
March 28. Judge panels will consist of at­torneys,
professors, and upperclassmen.
The same moot court problems will be used
but students must be prepared to argue for
either party in their particular case. Pro­fessor
Ragan said he enceurages the par­ticipation
of freshmen in the optional
rounds because, once over their initial ner­vousness,
students can then further develop
their oral skills and courtroom presence.
Professor Ragan added that the moot court
program is run for the students' benefit
and critiques and suggestions for improve­ment
are always given consideration.
Regional Mock Trial
Competition Requires Flexibility
by KEVIN FORD
On Thursday, March 5, the winning
teams from the U of L Intraschool Trial
Competition traveled to Columbus, Ohio
to compete in the regionals. Neither team
won the competition, but both were in the
final ten. I was fortunate enough to be on
one of the teams, and to say it was an ex­perience
would be an understatement.
The teams were: Team #1 consisting of Bill
Kenealy, Tim Salansky, and Frank
Burnette; Team #2 consisting of Ernest
Caposela, Ray Haley and me. Professor
Ronald Eades was the faculty advisor.
Now, I must admit that things were look­ing
pretty good for both teams the week
before the competition. Five of us were
graduates of Judge Charles Leibson's Trial
Seminar (entitled, "How to be a Lawyer by
the End of the Semester"), and the sixth
had been a participant in Mr. Larry
Franklin and Nick King's Trial Practicum.
Plus, Jefferson Circuit Judge's Eckert and
Leibson had critiqued the teams and of­fered
much, much help. Judge Leibson had
even gone so far as to prepare a few
transparencies and instruct Ernest on how
to properly use them as demonstrative
evidence.
As the day to depart arrived, things
looked like they had fallen apart. The
University allowed us a whopping $3.00 for
breakfast and lunch, and they made Ernie
rent an overhead projector from them for
$15. We knew that Ernie would have done
without food rather than a projector so we;
1) pooled all the food money; 2) rented the
overhead and 3) bought a bucket of peanut
butter and 2 cases of Falls City.
Next, Ray's apartment caught on fire
and he was forced to stay behind to look
for his disco chains in the ruins. One good
thing and one bad thing came out of the
fire. The good thing was that we all got an
extra spoonful of peanut butter and a
swallow of beer. The bad thing was that I
had to do Ray's part. Well, mine is not to
question why ... , so we took to the road.
After five hours on the road, which in­cluded
four stops at McDonalds and eight
stops at the public facilities (Ernie has very
small kidneys) we arrived in Columbus. We
all then napped in our room which was the
backroom of a Columbus pawn shop.
Things were looking good until we arrived
at the organizational meeting for the com­petition.
We were late, so the meeting was in pro­gress
when we arrived. As we stepped off
the elevator and approached the door, we
heard the organizer say that there would be
"no charts, blackboards, pads or
overheads allowed in the courtroom."
Thinking quickly Bill and I grabbed Ernie
before he hit the floor; Tim fanned him
and Frank undid his tie.
It took us a while, but once we carried
Ernie out into the air he was ok. All he
would say was, "I can hear Judge Leibson
right now," "What kind of ! ? * ~ trial
competition is it that won't let you use
demonstrative evidence?" Oh Jesus! Oh,
Jesus! I wish he were here."
You play the game by the rules, so we
junked a van load of demonstrative
evidence (including a valuable overhead)
and went to do battle.
Team #1 clicked in the first round. I did
Ray's part about half as well as Ray would
have while Ernie did a terrific job of cross­examination
and he absolutely nailed his
closing argument. That meant both teams
were in for another day. As an added
bonus, Professor Eades informed us that a
"private donor" had given him enough so
that we could get off the peanut butter and
Falls City. From then on, we were getting
peanut butter and Michelob.
On day two, both teams were knocked
out of the competition in very, very close
voting. The judges were very complimen­tary
of our performances and offered some
helpful advise. Surprisingly, the judges
didn't tell us anything that we hadn't heard
from Judges Eckert and Leibson. I guess it
goes to show you that if you want to learn
about trfals, you don't have to -travel very
far.
The teams would like to send a special
note of thanks to the judges who helped
prepare our teams, to our unnamed
benefactor (the smart money says he is a
softie from Madisonville), Professor Ron
Eades for his time and patience, and to
Ernie for not getting cranky and/or car
sick.
Pfloto by S«Ht Fllrtitt
Paul Roark delivers his appellate argument as Mary Ann Main listens attentively.
Two Alumni Organizations Work to Enhance
School of Law
By NICK RIGGS
The University of Louisville School of
Law has not one, but two alumni organiza­tions
working to enhance the School of
Law's stature as a prominent force in the
legal profession and community. Many law
alumni, as well as many law students, may
not be aware that the Law Alumni Associa­tion
and the Law Alumni Foundation are
two distinct organizations, albeit they have
essentially the same purpose: to promote
and advance the general welfare of the
School of Law. But each has its own way of
furthering these goals.
The Law Alumni Association
The Law Alumni Association concerns
itself mainly with the social interest of the
law alumni. Throughout its long existence,
the Association has sponsored a multitude
of activities designed to provide all alumni
members with the opportunity to par­ticipate
on a variety of levels. The Associa­tion
has sponsored special events, trips and
tours, as well as holding its annual meeting
and most importantly, the Annual Law
Alumni Banquet.
Some of the special events which occur
throughout the year, include everything.
from pre-game and post-game parties dur­ing
U of L's football and basketball
seasons to luncheons, receptions, and din­ners
at which all alumni members can meet
and become reacquainted and generally
have a good time. Even more impressive is
the wide range of trips and tours the Law
Alumni Association has sponsored. These
·have ranged from bus trips to "away"
football and basketball games to exciting
travel tours to Hawaii and the Bahamas.
Such trips again provide the opportunity
for the law alumni to get together on an in­formal
basis and spread the law school's
good name.
The Association's annual meeting con­tinues
to take place in conjunction with the
annual Kentucky Bar Association Meeting.
At the annual meeting the political and
business functions of the association are
conducted. The Association's Officers are
nominated and elected for one year terms
at the meeting. The officers elected at the
meeting include: a President, eight Vice­Presidents
(one representing each judicial
district in Kentucky, and one at-large Vice­President
from outside the Commonwealth
of Kentucky), and a Secretary-Treasurer.
The one function that is probably the
Law Alumni Association's most significant
is the Annual Law Alumni banquet, at
which the Distinguished Alumni Cer­tificates
are presented. By honoring one or
more of its own on an annual basis the
School of Law and the Alumni Association
make the legal community and the public
aware of the accomplishments of not only
the recipient of the award, but of the Law
School itself. The School of Law has thus
exhibited its pride in honoring such
distinguished Jaw alumni as Frank Burke,
Charles Leibson, Marvin Sternberg, and
Wilson Wyatt. By doing so, the Law Alum­ni
Association emphasizes the necessity of
a high quality, community supported Jaw
school.
Beyond these visible social activities and
functions, the Board of Directors of the
Association, in combination with Rodney
Williams, the Director of the University
wide Alumni Services Office, continually
work behind the scenes to assure that the
purposes and scope of the Association cor­respond
to the changing interests and needs
of the Law School and its alumni.
The Law Alumni Foundation, Inc.
The fact that the Law Alumni Founda­tion
has been in .existence for a much
shorter time than the Alumni Association
in no way diminishes its contribution to the
continued growth of the School of Law.
The Alumni Foundation has been in­strumental
in raising large amounts of
money for a number of purposes.
The Foundation was the brainchild of
Professor Marlin Volz during the early
years of his tenure as the Dean of the
School of Law. Professor Volz has stated
that he felt there was a legitimate need for
such a fund-raising organization in order to
get more people involved in achieving cer­tain
specified goals. The specified goals
were incorporated into the Articles of In­corporation
of the Law Alumni Founda­tion:
". . . to establish endowments,
scholarships and funds ... to encourage ...
and implement the continuous education
and activity of alumni .. . (and) to promote
the acquisition of a legal library ... '' From
its beginning the Foundation was quite suc­cessful;
as the following few lines from the
December 31, 1961 edition of the former
"The Alumni News" publication indicates:
The Law Alumni Foundation has
ended its first full year of operation
on a winning note. The amount
raised ($3,669) was the largest
amount the Law Alumni have ever
contributed through annual giving.
As of December 27, 220 alumni gave
an average of $16.68, both of these
figures being record highs.
While the amount raised in the first year
may seem rather small by today's stan­dards,
it did mark the start of several suc­cessful
and progressive fund-raising drives.
One such drive of particular importance
was to raise money for the construction to
the Library addition to the School of Law,
which had become too small to ac­commodate
the increased enrollment of
students. In a relatively short period of
time, the Foundation raised $150,000 for
the library addition. The significance of
such an amount is that it represented the ef­forts
of the Foundation alone. The Foun­dation's
continued efforts were then
surplanted when the University of
Louisville decided to combine all fund­raising
activities of the various schools into
one University-wide operation. But the
ability of the Foundation to raise such an
amount on its own exemplifies the valuable
service the Foundation has performed for
the School of Law and the alumni.
Although the Law Alumni Foundation's
fund-raising role has been reduced, it con­tinues
to provide funds for a number of
scholarships for students and also gives
financial support to various programs
within the Law School. One such program
is the Louisville Law Examiner which
serves to link the School of Law to the legal
community. The Board of Trustees of the
Foundation determines how the organiza­tion's
funds can be allocated for the best
. interest of the School of Law. The current
trustees are prominent figures in the legal
and general community. The Foundation
also has a small elite group of individuals
who have been honored with life member­ship
in the Foundation. They are Professor
Marlin Volz, Professor James Merritt, and
Maria Menter, who is currently the Ex­ecutive
Director of the Continuing Legal
Education Department of the School of
Law.
It is obvious that both the Law Alumni
Association and the Law Alumni Founda­tion
have served the Law School well and
will continue to do so in the future.
However, both organizations need the con­tinued
support of its members and the
future support of every alumnus of the
University of Louisville School of Law.
With such support, the purpose of pro­moting
and enhancing the general welfare
of the School of Law will be achieved.
BALL ON THE BELLE
Semi-Formal
Thursday, May 7, 1981
$15.00 per Couple
Loading Time 8 p.m.
Return 12 midnight
Alumni Welcome Professional Dance Band
~-~ f l 1 ·
News-In-Brief
The Journal of Family Law has selected
34 students to participate in its candidacy
program for the upcoming year. The Jour­nal
editors chose from nearly 70 ap­plicants,
a considerable amount more than
in years past. A larger freshman class and a
lower GPA requirement of 2.5 attributed
to the large response.
Richard Milster
David Perkins
Karen Holt
Gloria Johnson
Scott Whonsetler
James B. Martin
Andrew Stratton
Jerry Bowles
William Jones
Ann L. Bailey
Susan Fry
Dennis Pickett
Kevin Winters
Jacqueline Logsdon
Gary Padgett
Howard Sturm
Donald S. Battcher
•
Mary R. Terry
Sam George
Sally Brooks
Rosemary Taft
Barbara Elliott
Kathy Murphy
Cynthia Crouch
Peter Ervin
Robert Thieman
Porter Watkins
Debra Harris
Rosalyn Jobson
William Perrine
J. Keith Cartwright
Robyn Meadows
Michael Hayes
J. Cohen
• •
The faculty Committee overwhelmingly
rejected an attempt by the SBA to create a
student oriented Judicial panel. The pro­posed
Amendment called for a panel of
two students, to be elected from the student
body and two faculty members represen­ting
the Faculty Committee to hear student
complaints and grievances. If the panel
decided the complaint had merit, they
would assume an advisory role and assist
the student through the necessary Univer­sity
channels. The Faculty Committee
refused to participate in the proposed plan
whi~ would have been under SBA ad­ministration.
Happy
St. Patrick's
Day
I Loainille Law Examiner, March 13, 1911
Wanna be a Judge?
The following are issues to be argued on
March 28, 1981. Alumni, faculty and up­perclass
students who would like to be
judges, please fill out the card below and
send to:
L.THOMAS
Moot Court Board
University of Louisville
3201 S. Third St.
Louisville, KY 40292
Confirmation of Issue
A. Fanning v. Fanning:
Whether an unemancipated minor may
maintain an action in tort for injuries
allegedly caused by the negligence of his
parent?
B. In Re Dellwood:
Whether the first amendment rights of
an adult member of a religious cult bar his
parents' use of temporary conservatorship
proceedings to obtain his release from the
cult?
C. Templeton v. State:
Whether the death penalty for the
violent, but non-fatal, rape of a child
violates the eighth amendment's prohibi­tion
against "cruel and unusual punish­ment"?
D. Allen Post v. Silverman:
Whether a newspaper may be barred
from a criminal trial for the purpose of
securing the defendant's sixth amendment
right to a fair trial?
E. Gonzalez v. I.N.S.
Whether an immigration officer's on­the-
street interrogation of a person he
reasonably believes to be an alien, absent a
belief that the person is illigally in the U.S.,
constitutes an unreasonable seizure in
violation of the fourth amendment to the
U.S. Constitution?
F. Crosby v. Podunc School Board:
Whether the first amendment of the U.S.
Constitution as made applicable to the
states by the fourteenth amendment
precludes a local school board from remov­ing
a book from a school library because
the board beleives the book is unsuitable
for those who use the library?
--------------------------------------,
Name----------------------------------------~-------------
Address ____________________________________________________ _
Phone
I am available to judge 0 morn. 0 p.m.
Pirtle-Washer Competition on 3-28-81.
0 both session(s) of the 1981
My general areas of interest: T
Issues I
---~-~--~-~--~-~---~-~--:-~ _ !9 _______ j
March 16-22
March20
March21
March28
March27
March30
April3
April10
April14
April15-17
Aprii18-May 1
April24-25
May8
May7
May 10
Calendar of Events
Spring Break
CLE; Domestic Relations, Founder's Union Bldg., Shelby Campus,
U ofL.
Bahamas Trip; Louisville Bar Assoc.
CLE; Legal Issues for Bank Counsel; College of Law Courtroom, UK.
General Estate Planning; Louisville Bar Assoc.
Student Legal Services; Tax return seminar; Belknap Campus.
Bench/Bar Media Conference; Kentucky Bar Association; Ad­ministrative
Court Office of Courts.
Applications Due for Kentucky July Bar Examination.
Drafting Wills; Founders' Union Bldg.; Shelby Campus, U of L.
Last Class
Reading Days
Final Exams
CLE Construction Claim Seminar; College of Law Correction, UK.
CLE; Ethics of Law of Management; College of Law Courtroom, UK.
Ball on the Belle; Belle of Louisville; 8 p.m.-12 midnight.
Graduation; The Oval; Belknap Campus, U of L.
Louisville Law Examiner Non-Profit
School of Law Organization
University of Louisville U.S. POSTAGE
Louisville, Kentucky 40208 PAID
Permit No. 769
Louisville, KY
/ FLOOn s - PERron!cm-
John M. Harlan Louis D. Brandeis
Louisv: le OCT 18
L
- E uo1v ot wasnmgton e aw xaffitner
Volume6
Number7
March 13, 1981
Professor
Marlin V olz beads
Public Service
Commission
••. page 1
Faculty
publication
flourishes
•.. pages4-5
In tbe photo at
right, "Judge" Jobn
Webb critiques
aspiring counselor
Steve Durham,
center, and
Richard Head, right.