Kentucky Lawyer, 1994
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KENTUCKY UNIVERSITY OF KENTUCKY COLLEGE OF LAW -1994 CONGRATULATIONS TO OUR FIRST TWO BERT COMBS SCHOLARS!! Amy D. Cubbage of Leitchfield and Charles M. Grayson, III of Crescent Springs Article, Page 56 T @jTHEDEAN Dear Alumni and Friends: exams. Quite a few schools suffered serious growth II II here =PO law ""00" in ill' U nited States accredited by the American Bar pains in the late 1960s and early 1970s. Some schools Association, and I have taught at five of have always enjoyed a collegial atmosphere while T them -- South Carolina, William & Mary, others have a reputation for warring factions and divi- Ohio State, Mississippi, and now Kentucky. I have sive opinions. inspected a number of schools for the ABA and have I have learned a great deal about the UK College of taken several busman' s holidays on trips around the Law's culture and history during the past year. Sharing country; I like to walk the halls, look at the class- morning coffee with Paul Oberst and Fred Whiteside rooms, check the library, read the notices on the bulle- provides a fine education. Elvis Stahr has vivid recol- tin boards, and envy the large parking lots. I am a bit lections of his service over forty years ago as dean. of a law school junky who enjoys finding out how The faculty, with three former deans, offers a wealth of other schools handle particular matters and deal with knowledge and experience. Moreover, every graduate I things like budget and personnel problems. have met in the last year enjoys talking about his or her My daughter, who is starting eighth grade this fall days in law school. You like to discuss the personali- and enjoys picking on me, often says that I have a keen ties of professors and classmates, pranks, the politics of sense of the obvious. She is right. Nevertheless, I am the time, and so on. I enjoy listening and usually wish struck by the many similarities among law schools I carried a tape recorder. such as: Admissions standards go up every year, and In some ways we are much like other state sup- many applicants are disappointed. Curriculums gener- ported law schools, but I am very impressed by many ally look alike, and there are always plenty of ideas attributes which make us stand out -- characteristics from lawyers and judges about what schools ought to which make us an excellent law school. For example, be teaching. All law schools have some truly out- our students are not only very bright (great LSATs and standing teachers, many have several highly regarded GPAs), they also are friendly and active. They are the scholars, the majority are trying hard to make the best life of the school because of their interest and involve- use of limited funds and discover innovative ways to increase resources, and all law schools are becoming increasingly dependent on financial support from their alumni and friends. These generalizations apply to UK About this Issue This issue was published in cooperation with UK and every other school I know. Photographic Services and UK Publishing Services. There are, of course, many differences between institutions. Each law school has its own culture and Editor, Kentucky Lawyer magazine: history. For instance, some schools have a very stable Drusilla V. Bakert faculty, while others seem to have constant turnover. There are commuter schools where the students disap- Editor, Development Report: pear right after classes as well as schools where all the Deborah A. Wells students are heavily involved in a wide range of activi- All applicants meeting the appropriate requirements and technical ties. Private schools do not worry about the legislature standards shall be considered equally for admission to any aca- demic program regardless of race, color, religion, sex, marital and the state budget. Many law libraries are always status, sexual orientation, national origin, age, beliefs, or disability. crowded while some are almost empty -- even during THE DEAN You, the College of Law's alumni and friends, also make this a very special institution. All of us at the school are especially grateful for your loyalty and generosity. The College's endowments are growing, membership in the Lafferty Society is increasing, par- ticipation in alumni activities is strong, and alumni everywhere are eager to get involved by volunteering to judge moot court, lecture to classes, speak to student groups, and in many other ways. This has been a very busy year, and next year should be no different. We are excited about the hir- Dean David E. Shipley with his mother, Dorothy Shipley, and ing of Assistant Professor Darlene Goring and Associ- his wife, Jenny Coleman, at the College of Law Awards Night reception. ate Professor Herb Cihak, the new Director of the Law Library. The first-year class starting this fall will be ment in the school's Moot Court Board, Trial Advo- excellent and it will include our first two Bert Combs cacy Board, SBA, SPILF, KLJ, JNREL, ABLS, the Scholars. We are proud that Professor John Rogers is Women's Law Caucus, the Barristers' Ball, the Libel returning to China on a Fulbright. On the other hand, I Show, and much more. They keep me and my col- hate to mention Professor John Garvey's move to leagues challenged. Notre Dame. He has done so much for the intellectual UK has more than its fair share of truly outstanding life of this school since 1976. His departure is a major teachers and I want it to stay that way. The student loss, but it also presents one of several challenges and evaluations always contain statements such as "Profes- opportunities we will face. sor is the best ever!" or "I will take him I am confident that with your help, the College of or her for everything they teach!" or "Awesome!" Law can meets its challenges, and take advantage of Such statements are made about a dozen different pro- all its opportunities, in the coming year. After a11,the fessors, not just two or three. Speaking from experi- history of this law school shows we always are meet- ence (that is, after reading my own evaluations), a ing challenges and doing the right things to become a middle of the road, average sort of teacher at UK Law better law school. like me, would be regarded as one of the best at most other law schools. This talented faculty also has more than its share of Sincerely, nationally regarded scholars. Everyone is doing re- search and writing major works like treatises, texts, 9..ifl{~ and casebooks. The subject areas include the history ~'J £. of perjury, federal arbitration law, federal criminal law, David E. Shipley labor law, housing law, trial ethics, corporate tax, indi- Dean vidual taxation, Kentucky domestic relations, and Ken- tucky criminal law. The faculty'S articles, book re- views and commentaries during the last year make a very long list. 2 .. ~ALUMNI~rrm The Happy Return of John Wesley Hatch By Paul Oberst, Professor of Law Emeritus be compelled to ask the Court to uphold the validity of II II 0 the Spring of ,,,",."" Hatch was I finishing his second year at Kentucky the Day Law to its full extent. State College in Frankfort and decided he At this point, the College of Law became inventive. would like to become a lawyer. He ap- It proposed that John Hatch be admitted to the Univer- plied to the University of Kentucky for admission to sity of Kentucky and the College of Law for instruction the College of Law. The Registrar referred his applica- by the regular, full time faculty, but that the instruction tion to President Donovan, who referred it to the Board be given on the campus of Kentucky State College in of Trustees, who instructed him to refer it to the Attor- order to satisfy the restrictions of the Day Law. ney General. So it came to pass that beginning in September, The problem? In 1904 the Kentucky legislature 1948, the first year instructors met with their classes had enacted the Day Law "to prohibit white and col- twice; once in Lexington with a class of over 90, and ored persons from attending the same school". The once at Kentucky State with a class of one. The statute provided for an initial $1,000 fine for a viola- courses offered were Torts, Contracts, Property, Crimi- tion and $100 per day for each day it continued. In- nal Law, Domestic Relations, Agency and Common structors were subject to the same fines,- and students Law Pleading. The instructors were seven members of were liable for $50 per day for attending. Berea Col- the eight man faculty of 1948-49: Professors Roy lege, integregated from the beginning, was promptly Moreland, Frank Murray, Paul Oberst, A.B. McEwen, fined in Madison Circuit Court, and on appeal the W.L. Matthews, Maurice Culp, and Dean Elvis J. Stahr. Kentucky Court of Appeals sustained the constitution- Each of the seven courses was offered for two hours ality of the Day Law in a fatuous opinion by Judge Ed. C. O'Rear (Berea College v. Commonwealth, 123 Ky 209,94 WW.623; June 12, 1906). On appeal to the U.S. Supreme Court the decision was affirmed on a procedural technicality over the rousing dissent of Justice John Marshall Harlan (of Danville, Kentucky), who castigated the Court for its refusal to reach the substantive question of violation of the 14th amend- ment (Berea College v. Kentucky, 211 U.S. 45 (1908)) As for John Hatch's application, a letter from the Attorney General informed President Donovan that the Day Law was in effect and if a Negro were to be ad- Dr.