Louisville Law Examiner
Serving The University of Louisville School of Law Community 
Volume 7, Number 5 Louisville, Kentucky, January 25, 1982 Circulation 4200
 LBA's First Annual
Palmore Addresses
Bar Association Convention
By Gail Dopf
Justice John S. Palmore, Chief
Justice of the Commonwealth of
Kentucky addressed members of the
Louisville Bar Association at the
awards luncheon of the association!s
first Annual Convention held
January 15-16 at the Convention
Center and at the Hyatt Regency.
Justice Palmore called the last four
years "the most important for the
judicial branch of government in
Kentucky.'' He cited establishment of
a new judicial system and particularly
the establishment of the district
courts as "the biggest change" and
the beginning of "the building of a
bridge from the past to the future.''
"It is most vital to the health of the
judicial system that the district court
work," said Justice Palmore, who
admitted that he would have left this
provision establishing the district
courts out of the judicial amendment,
thinking that it would defeat the suc­cess
of the amendment.
Justice Palmore criticized the
Domestic Relations Commissioner
system as an unhealthy situation.
"It's not a good policy for one lawyer
in practice to be sitting in judgment
of another lawyer's case. Ninety-nine
percent of the time it won't matter
but it could if the lawyers were at
odds in another case, he added.
Over Budget Cuts
"In the long run this institution
should be ended," he stressed. "It ex­ists
because there are not enough
judges to do this work. In the past the
legislature has been too stingy on
judges. I don't envision every having
enough judges," he added. "Though
overall, I can't complain about the
treatment we've received from the
General Assembly," he said.
The Domestic Relations Commis­sioner
saves the judge time and he
may get the case finished more ex­peditiously
than a judge; though, the
commissioner's job could be done by
an administrative assistant or a clerk
who actually works for the taxpayer
or the state and is not a part-time
position, Justice Palmore explained.
Justice Palmore said he will suggest
to the legislature that more ad­ministrative
support personnel be
hired to deal with the administrative
details which consume so much of a
judge's time. "Each Circuit Court
judge costs the state about $100,000 a
year between salary, secretary and
retirement. Four or five support per­sonnel
could be hired for that.
Judge's work should be confined to
adjudiciation, not administrative
details," he stressed.
Justice Palmore also told LBA
members that the circuit judges in
Louisville handle nearly 1 ,000 cases a
Photo by Scott Furkin
Kentucky Supreme Court Chief Justice John S. Palmore was the featured
speaker at the awards luncheon for the Louisville Bar Association's first An­nual
Convention.
year which would require them to
dispose of more than three a day to
keep up. As a result there's a delay in
adjudication of cases. He emphasized
"We must speed up our time for
litigation - perhaps do away with
some of the formalities. If we don't
do something, eventually the
legislature will provide ways and
means for the people to solve their
problems outside the court system
and lawyers will be kept out of it."
Justice Palmore sees the high costs
of litigation as one of the great pro­blems
facing the legal profession. A
lawyer charges fees based on the
amount of time he spends on the case.
In order for lawyer's services to cost
(Continued on page 7, col. 3)
Tough Challenges Confront Governor's Counsel
By Tom Schulz
Every two years Kentucky's
political focus shifts from local cam­paigning
to Frankfort. But this year
the economic realities tint a bleaker
and more serious view for legislating
and executiving during the 1982
General Assembly.
"It is a very tough time to be in
public service," said Carol Kunk
Butt, General Counsel to Governor
John Y. Brown, Jr., assessing the
political atmosphere at the
Statehouse.
However, for the governor's at­torney
it is also an exciting and
challenging time. With un­precedented
shortages in state
revenue occasioned by our national
economic malady, ''the governor has
had to make very, very tough deci­sions
on where to cut back." It is
superfluous to note that such deci­sions
have made not a few enemies.
Some have even gone so far as to sue
the governor over them, which before
now had been a rare occurence.
"It is a time when the governor's
powers are under attack," Ms. Butt
explained.
Not only has the governor been
sued over some of his budget deci­sions
and over his reorg~_nization of
some state agencies and departments,
but also several bills have been in-
Carol Kunk Butt
traduced in the 1982 General
Assembly which seek to cut the gover­nor's
powers or to more fully clarify
them. And Ms. Butt readily admits
that in some areas the law needs
clarification, but she also cautioned
that one must be careful not to do
damage to the state constitution when
"clarifying."
"We worked with the Attorney
General's Office and obtained opi­nions
beforehand (making certain
budget and reorganization decisions).
But the fact that we were sued showed
that reasonable attorneys can
disagree on these points," she said.
"It is very interesting," she said
noting that her office is closely
monitoring the brewing constitu­tional
debate.
Keeping tabs on legislative activity
is but one of many functions Ms. Butt
serves as the governor's general
counsel. Perhaps one of the major
responsibilities she and her small staff
handle is reviewing every paper of a
legal nature which the governor signs.
This is no small number during an
average week.
"It can be anything from making
appointments to federal contracts
such as was involved with the (Feb.
13, 1981 Louisville) sewer explosion
or the Taylorsville Dam project. Or it
can be a major reorganization or a
deed which requires the governor's
signature," she explained.
"It's not always routine," she con­tinued.
"We're the last checkpoint. It
is the last chance to review the docu­ment
from a legal, historical, political
standpoint."
Monitoring personal service con­tracts
for legal representation also
falls within Ms. Butt's sphere of
responsibility. Though some con­tracts
came under fire recently for
paying $150 an hour for some services
by Greenebaum, Doll & McDonald of
Louisville and Stoll, Keenon & Park
of Lexington, Ms. Butt explained that
was for just the senior trial attorneys
and that the overall firm average is
$65-$75 an hour. Besides, she con­tends,
the representation was
necessary for complicated issues
which could not be handled "in­house"
by the Attorney General
because of the expertise required.
Overall the personal service co'ntracts
have been trimmed down, much now
being handled by the Attorney
General ' s Office "in-house."
Overall, money is being saved.
"The decision is figured on what
kind of defense you need. And you
pay what you have to pay," she said.
"No one is tighter than the governor
when it comes to attorney's contracts.
"Incidently neither firm has yet billed
at $150 an hour."
Legal research, dealing with a
myriad of legal questions and points
of law every week and serving as the
governor's stand-in when the gover­nor
is unable to attend public func­tions
are also juggled into her duties.
"It does require long hours. It 's
not the conventional bureaucratic
position," Ms. Butt said.
But despite what is a hectic
schedule it pales in comparison with
the high energy and intense nature of
(Continued on page 4, col. 1)
..
2-Louisville Law Examiner, January 25, 1982
Louisville Law Examiner
EDITORIAL BOARD
D. Scott Furkin, Editor-in-Chief
. Tom Schulz, Managing Editor
Mike Smither, Associate Editor Mike Milby, Associate Editor
Richard J. Head, Business Manager
STAFF EDITORS
Gail Dopf, Projects Editor Mark Ashburn, Photographic Editor
Joram Salig, Articles Editor John Peabody, Night Column Editor
Nick Riggs, Brandeis Brief Editor Bill Savarino, Sports Editor
CONTRIBUTING WRITERS
Ruth Ann Cox
Linda Thomas
Ed Branham
Jeffrey Wade
Judge MARLIN M. VOLZ, Advisor
Rich Milster
Mary Ross Terry
Bob Hatfield
Keith Evans
Professor LAWRENCE W. KNOWLES, Consultant
T~e 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.
"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
edillitters for space considerations. and for cia rill'·-~---~---
NIGHT and DAY
Column Editor Sounds Off
By John Peabody
Well, here I am. They asked for an fewer seats in room 080 than there are
evening student who was interested in in room 075. Ruth had to sit on the
working on the Law Examiner. I floor. Hello ERA.
volunteered. There was a mock elec- The point is that evening students
tion and because of my charm, wit, should be respected. At present they
reputation, and lack of opposition, I have to endure certain teachers who
won. Where is the energy? espouse the inferiority of evening
The Law Examiner had a recent students. The administration still
meeting. It was during the day. I tests students' tolerance level. Some
could have taken off from work, but day students talk as if life is a book.
why bother? The editor hadn't made This is the end of my sixth con-any
effort to see what my schedule secutive year of night graduate
was or to give me an advance notice school. My odyssey has shown to me
about this meeting. When questioned that there are some legitimate com-about
this lack of consideration, I got plaints about evening students. Due
a "Jimmy Carter grin ." "Why not to the lack of energy/time, there is a
write about it?", he questioned? lack of comradery. There was also a
Scott, are your reading .. . ? proportionally higher percentage of
The point is coming. bar failure by the evening students.
Some of our classrooms are com- However, faculty and day students
pleted. Wow! They look and smell need to learn that life isn't a book.
new. You can even hear the teacher. It's likely that having to learn to allot
Someone, however, is still playing the one's energy/time will enable evening
same old head games. Federal Taxa- students to better cope with life as an
tion II is in room 075 the first two attorney. .
nights. Everyone comfortable? Now Let's hear it for evening students.
move class to room 080. There are Yea!!
(The writer is a fourth-year student in the Evening Division)
Editor's Note - Mr. Peabody received the same notice of the staff meeting
that all staff members received: fifteen printed notices placed conspicuously
throughout the law school. As to scheduling of the meetings, every effort is
made to accommodate the conflicting schedules of staff members. Experience
has shown that the lunch hour is the most convenient time for the eighteen
membe.rs___oi the taff who are students in the Da Division as well as Mr.
Peabody, who is the only member of the staff from the Evening Division.
STAFF POSITIONS
are available on the Louisville Law Examiner.
If you are interested in writing or working with us, stop by our office
on the second floor of the New Wing, Room 265.
No previous journalism experience is required.
Law Director Seeks More Services, Less Politics
By Ruth Ann Cox
Saving costs and time in the City of
Louisville Law Department are the
goals of its new director Frank
Quickert.
Quickert, a 1967 graduate of the
University of Louisville's Law
School, entered his now job this
month after his appointment by
mayor Harvey Sloane. He views his
duties as insuring quality and prompt
legal services to the city. If there is
one word to describe Quickert's goal
in his new position it is "efficiency."
He believes costs and time involved
with the department's services can be
conducted more efficiently by
eliminating two time honored
customs.
One is to phase out the need for
public service contracts to attorneys
outside of the department. He
believes more of the work done by
these contracted attorneys can be
completed by staff attorneys at a con­siderable
savings. Attorneys inside
the office are paid about $22 an hour
for legal services while public service
contract attorneys receive $50 an
hour for the same work. Quickert
would like to eliminate that extra
cost.
Another area Quickert sees room
for improvement is the custom
whereby staff attorneys have private
offices outside of the department. He
would like to see more of the staff at­torneys
working full-time for the city
which means 35 hours a week in the
department's offices.
Acting both in an organizational
and a legal capacity, Quickert sees his
job as a buffer between various
municipal agencies and the Law
Department attorneys. He hopes to
help others understand the functions
of the Law Department.
A "space crunch" in the Law
Department's office on the second
floor of City Hall has dictated
physical changes in the office
assignments, including relocating a
portion of the department's large
library.
Quickert has named three major
assistants from his staff of attorneys.
Deputy Law Director Tina Heavrin
will head the agencies department
which encompases the Community
Development office. James Highfield
will oversee the litigation department
including tax collection, unemploy­ment
and workmen's compensation.
Finally, Paul Guagliardo will take
charge of special projects which in­cludes
handling lobbying efforts bet­ween
the City and the General
Assembly.
A 1967 graduate of the University
of Louisville's Law School, Quickert,
a native Louisvillian, studied at St.
Meinrad College in Indiana where he
was in the monastery for two and a
half years. He also studied at
Louisville's St. Thomas Seminary in
the early 1960's. Quickert noted that
when he finished college, he was torn
between attending law or medical
school, but concluded that "lawyers
are more interesting."
Quickert comes to head the Law
Department leaving behind an
association he began with
Greenebaum, Doll, & McDonald in
1967 where his duties involved
. securities work. However, Quickert
found securities to be "awfully bor­ing"
and soon became active in an
area he loves - politics. He served as
State Representative from the 36th
District to the 1973 General Assembly
and was reelected to the 1974 session.
Frank Quickert
That particular year he was also
Chairman of the House Judiciary
Committee. Quickert maintained a
private practice from 1971-1973
before returning to Greenebaum and
served for eight years as a Legislative
District Chairman on the Democratic
City-County Executive Committee.
"Brandeis Brief" Series
With this issue, the Law Examiner presents the first in a series of articles on
the future of collective bargaining. The selection of a Labor Law topic was
prompted by a recent flurry of interest among faculty and students at the law
school. This interest is reflected in the establishment of the new Labor
Relations Forum, the appearance of two nationally known labor figures in the
last semester, the fielding of a moot court team in the upcoming Wagner
Labor Law Competition and the presence of several active arbitrators on the U
of L law faculty.
The "Brandeis Brief" Series is an exclusive feature of the Law Examiner.
The Future of
Collective Bargaining
One Employers, Perspective
By Bob Hatfield
The writer is a fourth-year student in the Evening Division and Labor
Relations manager of the Marley Company.
In the popular book The Third Wave, writer Alvin Toffler divides civiliza­tion
into three phases: "First Wave" as the agricultural phase; "Second
Wave" as the industrial phase; and a "Third Wave" as the phase that we are
now entering. We are also entering a new era in the area of collective bargain­ing
and labor relations, which will hold in store for us things with which we are
not currently comfortable.
Collective bargaining, that dynamic process defining the essential relation­ships
between employer and employee bargaining unit, commands front-page
attention almost daily. We are all aware of the stormy period in our history
where our parents and grandparents read of the shameful violence associated
with the earliest large-scale union organizational attempts. Election, and basic
recognition were the objectives in this initial period of the bargaining era we
are only now concluding. American , and indeed the world, read of, and were
affected by crippling labor strikes, large and small. By 1958 unions claimed
28% of the American labor force, after the Great Depression, the Wagner Act,
and the widespread lack of sophistication of employers. Workers' needs were
not being met by their employers or the workplaces their capital provided .
More recently we all read stories of fantastic wage and benefit settlements.
We became comfortable with the CPI, COLA, and comprehensive health in­surance,
as workers hoped to blue shield .themselves from insecurity and
poverty. Affluent employers were able to satisfy these tangible demands as
they merged into the monolithic organizations so often criticized, if not
divested, due to their possible reach. Tides of legislation and governmental ac­tions
flowed with the action in these headlines.
However, todays headlines indicate that a new day is dawning, as it must, in
the area of collective bargaining. We read today of unions reopening their
unexpired formal labor agreements to make concessions to faltering
employers. Not only has huge GM promised to lower car prices to reflect the
increases Auto Workers have promised to forgo, but news of such innovations
hit at home. Here we read of Fischer's Meats, Armour Packing, and other
employers discussing and working out concessions with their employees and
unions to maintain employment.
Caught in the thinking typical of the existing era, employers, unions, and
employees were not prepared for staggering unemployment, runaway infla­tion,
but perhaps least prepared for world competition. In this period of adap­tation,
parties are jockeying for positions in new era industry. The consuming
world public is frowning on American industry - especially highly unionized
industries. Auto companies are sinking under the quicksand of paying $1,000
more in per car labor costs. New era consultants are trying to synthesize the
labor methods of the competitive foreign competitors, but more is needed.
Successful employee relations, like marital relations, will not be attained by
seeking "victory" over the other party. As Professor Carl Warns continually
stresses to Labor Law students, collective bargaining is based upon a continu­ing
relationship between the parties. Now we must not only realize that all five
parties must live together on one boat, but government, employers, their
counsel/representatives, employees, and their counsel/representatives must
realize that the boat is only one of many lifeboats in an ever changing sea.
Communication and honesty from "Big Business" employers and "Big
Union" leaders must be stressed if we are to survive economically in this new
era and climate. The old guard labor and corporate persons and personalities
are now changing. The use of video, print, news media, and personal contact
between the five parties has increased . We are finally realizing that humai:IS,
and therefore, employees and employers can deal amazingly well when given
the proper information. The wedge between employers and employees is an ex­aggerated
wedge that can be extricated in the new era by opening up the con­stricted
information and communication storehouses.
Creativity and new conceptions of relationships also must flourish in the
new era of collective bargaining. As the parties gain the information relevant
to their worklines, and as parties mature from the useless "us" and "them"
approach which had been a required strategy for initial union organization and
management control, old barriers the parties created in the passing era must be
burst and new formulations be borne and accepted. We are seeing examples of
this where union employees are accepting profit-sharing in the place of COL,
where labor-management committees agree on absentee controls, and where
union officials sit on the employer's board of directors. Management must be .
· Louisville Law Examiner, Januacy 25, 1982-3
instigators of this creative approach. Unions must bring along their member­ships,
and change their traditional union thinking. Last year almost every ma­jor
union held merger talks with other unions, with the logical result being on­ly
about seven international unions. This is useless old-era thinking.
Communication and creativity must be joined with a decentralization in
bargaining. Today over 900Jo of labor agreements are either multi-employer or
pattern-making/following in scope. With the centralization of employers,
unions, and contracts, individuals feel isolated, and today only 20% of the
labor force is union. Both parties must decentralize and provide local em­phasis,
or both will slip faster, due to their struggle, into the international
market quicksand. Workers care most about their own workplace. From a
pure profit perspective, satisfied workers are more productive workers.
The continuation of a five party collective bargaining process must be built
upon realistic, honest thinking of all parties as we are borne uncomfortably in­to
a new, more mature era. Profits, productivity increases, and wages must be
directly related. The eighties could be the first slap on the newborne system's
posterior.
A Labor Viewpoint
By Keith Evans
The writer is a fourth-year student in the Evening Division and has held
various union positions including Chairman of G.E. -I. A.M. Negotiating and
Grievance Committee, Pres. of Machinists Lodge 2409, and Sec'y.-Treas. of
Ky. State Council of Machinists.
Mr. Justice Brandeis, dissenting in Duplex Printing Press Co. v. Deering,
254 U.S. 443 (1921) recognized that the obvious self-interest of the American
worker is in-itself justification for a common-law rule acknowledging the right
to withhold labor in order to effectuate collective objectives. Further, Justice
Brandeis recognized that growing acceptance of this principle was not a result
of effective legislation but rather was due to the Court's "better realization of .
the facts of industrial life." An extension of this philosophy to the federal
legislative body, to the public in general and most importantly to subsequent
Supreme Court analysis has, indeed, concretized the common right of the
American worker to collectively withhold labor and collectively negotiate
wages, working hours and conditions of employment.
The point being that neither Congress nor the Court created "collective
bargaining." What they have jointly created, through recognition and defini­tion,
is a formalized institution which is in-itself the legalized process of collec­tive
bargaining. A process which sustains the principle because it is the most
effective means of promoting "industrial peace." A process which must
balance and protect the rights of the individual, the rights of the collective ma­jority
of employees (Labor's object function), the rights of the employer and
the rights of the public in general to enjoy a free flow of commerce. From
Labor's point of view, the present inadequacies and imbalances in the institu­tional
process predicate a future of substantial change, ideally through
political action.
Labor accepts the certainty that political sympathies inevitably fluctuate
between special interest entities as administrations change. The problem, from
Labor's standpoint is that we are not into the fourth consecutive administra­tion
which has proven unsympathetic to the needs of Labor in the area of col­lective
bargaining. The result is a continuing frustration in unsuccessful at­tempts
at statutory reform and a growing frustration in across-the-table
bargaining·.
Generally, practitioners agree that the Labor-Management bargaining rela­tionship,
at least in major industry, is developing along a cooperative course.
In the face of present day economic uncertainty and intense competitive
pressures, cooperation between Labor and Management appears to be essen­tial.
However, cooperative collective bargaining necessarily implies a good
faith ef~ort which extends beyond the test prescribed in Section 8 (d) of the
Act, as mterpreted by the Court in N.L.R.B. v American National Insurance
Co., 343 U.S. 395 (1952). Cooperative bargaining requires that both parties
make a good faith effort to fashion and accept unique approaches to the
bargaining process. Frustration at the bargaining table, in the immediate
future, can best be averted through this method.
The auto industry serves as a good overview of this theory. When Chrysler
could no longer survive as a corporation, it pleaded for support from the
government and from the United Auto Workers Union. As a result, U.A.W.
workers gave up valuable consideration, in the form of reduced wages and
benefits, while the Chrysler Corporation made no real concessions. This 'buy­back'
of jobs cannot be considered cooperative bargaining. While it may have
served the short-term problem, this 'take-away' bargaining creates frustrated
negotiators, frustrated workers, and, in the long run, a frustrated bargaining
relationship.
More recently the Ford Motor Company and the U .A. W. entered into con­tract
negotiation with the purpose of reducing labor cost to produce a more
competitive product. The U.A.W. made a counter-proposal that Ford
guarantee that wage concessions would be passed along to the consumer in the
form of reduced prices. This uniquely fashioned approach offers Ford the
chance to demonstrate its good faith and allows the worker and union
negotiators to retain that critical virtue - integrity.
Labor expects to see a continuation of the phenomenon experienced in the
auto industry. Plant closings and pleas for downward adjustments in wages of­fer
unique challenges to the collective bargaining process. However, a reversal
of the phenomenon can only occur through a legislative removal of the attrac­tion
which lures industry away from industrially populated areas - namely,
Section 14 (b) of the Act. As long as Congress allows individual states to pass
anti-union legislation which makes agency and union shops illegal, collective
bargaining will not reach fruition as a national policy.
In general terms the future of collective bargaining rests in the ability of the
N.L.R.B. to formulate a remedial process to cope with non-responsive
employers who are dedicated to "union busting." Political pressures to sup­port
this much needed statutory reform will develop as Labor becomes increas­ingly
victimized by present imbalances in the institutional process.
4-Louisville Law Examiner, January 25, 1982
Construction Enters Final Phase
By Bill Savarino
Finally ... the big move to the new
wing! After months of hectic
scrambling and seemingly unending
disruptions, students are at last reap­ing
the benefits of all the inconve­niences
they've had to endure for past
years. This semester's classes are in
the far end of the new wing. Students
and faculty agree the new rooms with
better acoustics represent a marked
inprovement over the ancient rooms.
The comfortable surroundings of
the new classrooms have boosted
morale among the student body
which had to endure the severest of
·classroom conditions in past
semesters. Many of the smaller new
rooms provide an intimate at­mosphere
for class discussion which
the old rooms lacked.
The faculty, too, have been im­pressed
with the new facilities which
includes new offices and a soon to be
completed faculty lounge. However,
problems with the heating system
have resulted in sub-arctic conditions
in many of the new offices and pro­fessors
are looking forward to the day
when thermal underwear isn't re­quired
dress.
All is not completed, though, as
workmen continue to finish the re­mainder
of the old building's renova­tion.
The library staff is waiting their
return to the original first floor of­fice,
although no one knows when the
move will take place.
Governor's
Counsel
(Continued from page I)
working on the legislative side of the
ledger where 135 individuals com­press
their work into 60 days every
two years. Ms. Butt speaks from ex­perience
having served as a legislative
analyst for majority leader (now
House Speaker) Bobby Richardson
during the 1979 Special Session.
"It (work in the governor's office)
is a little more relaxed; not quite so
hectic. I can plan ahead and set
policies and goals in a little bit more
relaxed atmosphere."
Ms. Butt, a 1976 alumnus of the
University of Louisville School of
Law, had served as Deputy General
Counsel to the Governor prior to
becoming General Counsel in
August, 1981. She had also served as
legislative assistant to the governor
and was a member of the staff for the
John Y. Brown Jr. for Governor
Campaign.
Though Ms. Butt's duties require
her to be in Frankfort she prefers to
live in Louisville. The 50 minute
door-to-door drive may not sound
appealing but ''it gives me a chance to
think and get organized and catch up
on the news. On the way home I can
use the time to rejuvenate." That is
not a bad idea considering that she
becomes a full-time mother to her
15-month-old son Billy when she ar­rives
home.
Perhaps the driving will cease in
1983. That's when Governor Brown's
term expires. Because the position re­quires
"the trust and confidence of
an individual governor," she explain­ed
that she does not anticipate conti­nuing
in the position after that.
"It's been a great opportunity and
a great experience. It's prepared me
for a number of opportunities," she
said.
"But I'll move onto something
else. I love new challenges."
ABOVE - In the summer of 1980, contractors began excavating around
existing structures of the law school in preparation for the construction
which was to follow.
File Photos
ABOVE - A dismantled Allen Courtroom was but one of the rooms that
had to be abandoned while renovation of the old building continues.
ABOVE - By the summer of
classroom/courtroom. Studen
Phase
ABOVE- During the first quarter of 1981, the east wing began to take shape and observers
got the first glimpses of what the new law annex would look like.
ABOVE - By the summer of 1981, workers were applying the finishing touches to the copper roof of an expanded central
classroom/ courtroom. Students and faculty began to long for the day when they could occupy the new facilities.
RIGHT - Late in 1981, workers prepared a new
classroom for the installation of tables and chairs.
This classroom is now being used by students in
the 1982 spring semester.
Louisville Law Examiner, January ~5, 1982-5
Dean's Dicta
January 5th marked the beginning
of the spring semester and the oc­cupancy
of the classrooms in the new­ly
constructed east wing. In the past
eight years we have experienced un­precedented
growth in our physical
facilities and for the first time in re­cent
history the law school communi­ty
will work and study in comfortable
surroundings. No longer will students
strain to hear contracts lectures over
the roar of the air conditioning in the
East Basement or suffer from the
continuous dripping of pipes in the
West Basement. Professors will not
be forced to compete with band prac­tice
in the old Music Building nor
with the wasps who adversely possess­ed
the "Poverty Annex." Only time
will tell whether these adversities built
character and made better lawyers.
The total construction project in­volved
substantial renovation of the
main building and the west wing and
the addition of the north and east
wings. The building truely was
designed for the students. There are
eighteen student offices and meeting
rooms. The Journal of Family Law,
which has been housed in a variety of
closets in recent years, now has a six
room suite. There are two student
lounges with kitchen facilities and a
vending area. Throughout the new
building there are numerous study
rooms for group study use. Within
the library there are several rooms for
use by students who wish to type. For
the first time we will have adequate
classroom space which will permit the
use of a variety of teaching formats.
There are four classrooms with fixed
seating which will accommodate sixty
to one hundred forty students. In ad­dition
there are several rooms to be
used by seminars and smaller classes.
After the renovation is complete, the
west wing will be occupied exclusively
by the Law Library. No longer will
the library staff be cramped into the
reference area. The law librarians will
have individual offices as will the
technical staff. The library portion of
the north wing will span five floors
and provide shelf space for an addi­tional
175,000 volumes. In addition,
the new wing has more than forty
faculty and staff offices.
Dean Ewald
We have many people to thank for
our new facility. Without the con­tinued
support of our alumni,
faithful friends, and university of­ficials
none of this would been possi­ble.
We are particularly grateful to
those faculty who worked so diligent­ly
to get the project off the ground
and to the five classes of students who
suffered through the dust and drilling
and continuous dislocation. Finally,
the move to the new building could
not have been accomplished without
the cooperation of Physical Plant and
our faculty, staff and students who
spent untold hours moving books and
furnishings. Professor Teitelbaum
and his staff have continued to
operate the library efficiently from
numerous temporary locations.
Books seem to change location daily
yet the staff has continued to be pa­tient
and courteous throughout the
ordeal.
While we will not be completely
settled for several months we
welcome visitors at any time and hope
all those who have an interest in the
School of Law will have an oppor­tunity
to see our new facility very
soon.
Sincerely,
Linda Sorenson Ewald
Acting Associate Dean
. . 6-:-Lo~\svilte Law. Examin.et; Janmny ~5; . 1982
Married Couples Share Lives and Law School
By Jeff Wade
Photos by Scott Furkin
For ten U of L law students, law
school is truly a family affair. The ten
represent five married couples that
are enrolled here.
It's common knowledge that law
school can add considerable stress to
a marital relationship. It is doubly
stressful when both spouses are law
students?
"It wasn't a big problem, but we
saw that it could become one even­tually,"
said Jessica. Unlike Babs and
Bob, Peter and Jessica are nearly
always together at school - ap­parently
in mind as well as body.
"In our freshman courses we got
the same grades in practically
everything. And we study well
together," they agreed.
The time demands of law school
have not required Peter and Jessica to
BOB STEINMETZ AND BABS ELLIOT
"No," sayd Babs Elliot, a second­year
day student who is married to
classmate Bob Steinmetz.
"With both of us in law school,
each of us can really understand the
pressures on the other, and we can en­courage
each other to keep working
when we would rather be doing other
things.''
Have they found the demands of
law school to be detrimental to their
relationship?
"Not really," says Bob. "It cer­tainly
puts stress on us individually,
but not on our relationship ."
Their impressions are echoed by
other ·couples. Unlike some other
couples, however, Bob and Babs are
not study partners.
''We think very differently," said
Babs, "so it doesn't work very well
for us to review or make outlines
together.''
"We want to maintain our in­dividual
identities. We have tried to
maintain our separate friendships and
avoid having the problem of everyone
seeing us as one person."
Classmates Jessica Swim and Peter
Ervin have encountered that pro­blem.
That is one reason why Jessica
-who was Jessica Ervin during their
freshman year - decided to begin us­ing
her maiden name again.
make the drastic adjustments that
many students must make.
"In fact it's been the easiest time of
our marriage," said Jessica.
Peter agrees. "When we entered
law school, we both quit work. It was
the first time during our marriage
that we had not worked and gone to
school. We've really enjoyed having ­more
time to spend together."
In their ninth year of marriage,
Peter and Jessica find they are able to
spend more than adequate time with
their seven-year-old son, Brooks.
With a younger child, however, it
can be a different story.
Jim and Julie Green - also
second-year students - have a baby
girl, born last November. The added
demands of an infant have added
stress as well as joy to the Green
household. In order to be with their
daughter during the day, Julie
transferred to the Evening Division.
Now while Jim works and attends
classes, Julie studies and cares for the
baby. At night the roles are reversed.
Jim finds that reading and rocking
don't mix. "I have time to study if
she sleeps during the evening, but she
usually doesn't. I enjoy her and I
wouldn't take a million dollars for
her, but I wouldn't advise any law
student to have a baby during the
JESSICA SWIM AND PETER ERViN
~-l.. .f I'
JULIE AND JIM GREEN
middle of the semester.''
Paul and Alice Harrington were
'law school classmates for two years
before they got married. Tht>y agree
that being married to a fellow student
is less stressful than one might
suspect. They cite as advantages the
ability to emphasize with each other
as well as the opportunity to share
time together.
How does being married to a
classmate compare to dating one?
law is not really a hot topic of conver­sation
among these couples.
Sharp & Sharp - freshmen Don
and Anne - still discuss legal topics
frequently. Like most other couples,
they see being married to a classmate
as very advantageous. But do they
have children? "No, just a dog."
Clearly, a law student couple's life
is much less complicated when their
family does not include a pre­schooler.
Other factors that appear to
ALICE AND PAUL HERRINGTON
"It's easier," says Paul. "Dating
and talking on the phone take a lot
more time."
Alice agrees and notes that one
ease the burden for most of these
couples include having parents who
are very supportive, and having a
source of income (hooray for student
DON AND ANNE SHARP
reason it's easier is that they divide
household chores evenly. "Paul's a
good cook; chili is his specialty."
Harrington & Harrington have no
difficulty finding topics of conversa­tion
not related to the law. In fact it
seems that after their freshman year,
loans). It is evident that, with a bit of
help, marriage between law students
does not necessarily lead to double
trouble. In fact, one who finds law
school too stressful might do well to
follow these examples and marry a
classmate!
News-In-Brief
December graduates of the law
school included: Robert Astorino,
Jude Clark, Daryl Coffey, John F.
Faust Jr., David Luken, Leslye Mur­ray,
Royene Owen, Jack Steiner Jr.,
Tommie Lee Weatherly and Roy
Wyatt.
* * *
The International Law Society held
its Spring organizational meeting
January 18 to recruit members with
an interest in Comparative and Inter­national
Law. Anyone interested in
joining this organization should con­tact
Tom Roma, Howard Scalone or
faculty advisor Lydia Morgan Jones.
* * *
Members of the Wagner Trial
Competition Team include: Carol
Teitelbaum, Mike Luvisi and Chuck
Mullins. Kenny Mudd is an alternate
member. Prof. William Dolson is the
faculty advisor for this competition
which entails a labor law problem.
The team will travel to New York
March 24-27 for competition at the
New York University School of Law .
• • •
The Women's Law Caucus held its
Spring organizational meeting
January 18 to discuss distribution of
T -shirts ordered last semester, to elect
new officers and to outline its list of
programs and speakers for the Spring
semester. Watch the Law Examiner
Calendar of Events for upcoming
programs.
Professors Enjoy First Year
By Mike Kirk
Two full-time professors have
reached the mid-point in their first
year of teaching at the School of
Law. Professors Claudine Levy and
Lydia Morgan Jones joined the facul­ty
at the beginning of the school year
and recently had occasion to reflect
upon their first semester here.
Claudine Levy is a visiting pro­fessor
from the University of Leeds in
England where her title is senior lec­turer,
professor being the next and
final status she could achieve as a
Leeds faculty member. Before
teaching Professor Levy was a
research assistant at Oxford and later
a member of Legal Services, which
serves the Commission of the Euro­pean
Economic Community. She is a
Swiss citizen and a specialist in
French Public Civil Law and Euro­pean
Economic Community Law.
When asked to compare the law
schools at the University of Louisville
and Leeds, Levy described the
schools' facilities as "frighteningly
alike." She noted, however, that the
buildings here are open twenty four
hours which is not true at Leeds or
anywhere else in Europe. As for
teaching methods, Levy pointed out
that compulsory university courses
cover one school year at Leeds and
are taught by straight lecture. When
at Leeds Levy prim,arily teaches op­tional
courses sinylar to electives here
and she uses th_eSocratic method with
little straighf iecture. She finds U of
L's students generally older in age
and · much less self-conscious .
"English students are much more in­hibited
due to peer pressure. It is a
struggle to get them to talk in class,"
she said.
Levy will return to Leeds in the
spring at the conclusion of her
teaching duties here.
Lydia Morgan Jones graduated
from Columbia Law School in 1971
and was a staff attorney for the
Bedford-Stuyvesant Legal Services
Corporation until 1973. The follow­ing
year she was a General Attorney
(Trade Regulation) for the New York
Regional Office of the Federal Trade
Commission and then an Assistant
United States Attorney for the
Southern District of New York.
Professor Jones described her first
semester at U of L's law school as
"vastly different" from her Colum­bia
law school experience. She finds
the faculty and staff here warm and
supportive and more easily accessible
to students. She noted that the
faculty-student relationship here is
particularly good. "Perhaps most
striking,'' she said, ''is the great sense
of community in the school."
Jones enjoys her relationship with
U of L's student community and
finds law students very ambitious in
the organizations and positions they
hold outside of class. She believes
that students work in earnest on such
organizations as Moot Court Board
and Mock Trial and not just to fill a
line on a resume. Jones says she has a
"great degree of job satisfaction"
and considers the feedback from
students rewarding. She noted that it
is much easier to detect student
responses in class than to detect a
judge's reaction to an argument in a
courtroom.
Louisville Law Examiner, January 25, 1982~7
• Photo by Scott Furkin
Palmore Addresses Bar
Association Convention
(Continued from page 1)
less, less time needs to be consumed
on a case and the number of cases
handled increased so the income will
be the same but the cost of each case
will be lessened, Justice Palmore sug­gested.
"We must do something to
make it possible for more people to
get in and out of courts, to save the
future of the legal profession.
"For the 43 years I have been a
lawyer, 23 of them on the h~ghest
court of the state, I have maintamed a
reverance for our profession,''
Justice Palmore said. "We must be
concerned about the profession of
tomorrow. We are the keepers of the
citadel. We must administer justice to
see that the legal profession of tomor­row
is still the keeper of justice."
Following his remarks, Justice
Palmore installed the LBA 1982 of­ficers:
Paul Tobin, president; George
Schuhman, president-elect; Fred
Simon, vice president; Joe White,
secretary and Dick Clay, treasurer.
The 1981 Committee Chairmen were
also honored at the luncheon and
four special recognition awarps were
given. The "Gavel Award", which is
JIM QUEENAN
9010 Bingham Drive
Loui•viUe, Ky. 40222
15021425-2174
THE LAWYERS
CO-OPERATIVE
PUBLISHING COMPANY
II II
LCp
giVen to the person who had the most
to do with spotlighting attorneys in
the news in 1981, was given to
Carolyn Colwell, a news reporter for
the "Courier Journal", for her story
on attorney's fees.
Distinguished Service Awards for
attorneys who served the LBA in an
extra capacity, were given to: Sheryl
Snyder and to Frank Mascagni. The
Distinguished Judicial Service Award
was given to Judge Kenneth Corey
for his outstanding work for the
LBA.
Dr. Loretta Malandro, assistant
professor of communications at
Arizona State University, carried the
convention theme "Communicate to
Win" in her Saturday speech "First
and Lasting Impressions.'' She spoke
about " the critical first four minutes
of a client interview and suggested
methods for refining the use of non­verbal
skills in presenting a winning
first impression.
The Convention closed with a din­ner
honoring Justice Palmore and Dr.
Malandro's closing speech "Your
Every Move Talks."
The Law
in Breadth
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8-Louisville Law Examiner, January 25, 1982
LEGAL ARTS
ONE BLOCK FROM COURT HOUSE
FROM 600 to 5000 SQUARE FEET AVAILABLE
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TO SUIT YOUR NEEDS
FOR INFORMATION CALL:
896-0980
~-~
Calendar of Events
January 25
January 28
February 5
February 12
February 18
February 22
Louisville Law Examiner
School of Law
University of Louisville
Louisville, Kentucky 40208
- -
Women's Law Caucus: Jim Seiffert, "Tax
Aspects of Dissolution of Marriage, Noon,
Room 075.
SBA: "Legalese," Red Barn, 8:30p.m.
CLE: Estate Planning and Administration:
Commonwealth Convention Center (Free)
CLE: Acquisition Planning and Selected Con­siderations;
Commonwealth Convention
Center ($40 preregistration)
Last Day to Apply for a Degree
Women's Law Caucus: Robert L. Burton,
Special Agent, FBI, "Recruitment of Female
Special Agents for the FBI." Noon, Room
075.
John M. Harlan Louis D. Brandeis
Louisville
Law Examiner
Volume 7
Number 5
January 25, 1982
LBA
Convention
... page 1
"Brandeis Brief"
Series Spring
Premiere
... page 3
Married
Couples of the
Law School
... page 6