the review of the College of Law Alumni Association University of . Inc. Fall·Winter 1978

Archibald Cox vifitsCol1egeof Law .•. (captivates attention cr students durjngthi, discussion period. (See page 4.)

INSIDE THIS IsSUE: Impact of the New eLE Rule in Kentucky Alumni Recognition of Merit Awards Construction Progress on New Addition Board of Directors, Announcing Law Alumni 1979 RECOGNITION OF MERIT AWARDS

Association sponsored by the COLLEGE OF LAW ALUMNI ASSOCIATION,INC. OFFICERS,1978-79

Charles E. English, President Arloe W. Mayne, Vice President Nominations may now be made for the first Annual Recognition Carroll D. Stevens, Secretary of Merit Awards. The 'Board of Directors of the College of Law Marilyn S. Daniel, Treasurer Alumni Association has established the following award categories:

BOARD OF DIRECTORS

Stephen l. Beshear Outstanding Service to the College of Law Lexington, Kentucky Distinguished Public Service Marilyn S. Daniel Superior Professional Achievement Lexington, Kentucky Outstanding Achievement by a Young Lawyer Charles E. English Bowling Green, Kentucky

Hugh B. Hall, Jr. A maximum of four awards will be made at the annual meeting of Pikeville, Kentucky the Association May 24, 1979. All nominations require a minimum John G. Heyburn, II of five sponsors and must be supported by documentation of Louisville, Kentucky nominee achievement. Nominations will be reviewed by the Recognition of Merit Committee for recommendation to the full Lowell T. Hughes Board. Ashland, Kentucky

Laramie L. Leatherman louisville, Kentucky Nomination materials should be submitted by April1, 1979 to: Arloe W. Mayne Chair, Recognition of Merit Committee Ashland. Kentucky College of Law Alumni Association John D. McCann University of Kentucky Lexington, Kentucky Lexington, Kentucky 40506

John T. McGarvey Louisville, Kentucky

Alfred A. Naif Hopkinsville, Kentucky

Neville Smith Manchester, Kentucky Letter from the Editor R. William looms london, Kentucky Response to the last issue of The Review was by far the best evert Howard E. Trent, Jr. We at the College of Law are striving to keep our alumni informed, Frankfort, Kentucky and appreciate your comments or suggestions concerning our efforts. J. Quentin Wesley We thank those who sent words of praise, but we also want to Morganfield, Kentucky encourage any ideas our readers have which they think would im- prove our publication. Many changes are occuring within the LawSchool and every effort is being made to report on these changes. There are, Our best wishes are extended to you for 1979. however, a great many other developments, both within and without the Law School, that are of interest to alumni, friends, faculty and students. Readers are therefore en- Linda Carnes couraged to submit items of general lnterst, of either news or Editor, The Review commentary value, for publication

2 Archibald Cox, top, a special guest of the Col- lege of law this fall, graciously gave of his time and wisdom to both students and facul- ty. During the evening lecture, top right, Cox spoke primarily of ethical problems lawyers face, saying, "Every lawyer is engaged in help- ing people live together, and often must sub- stitute reason for power." At lower right the nationally recognized law authority is shown before the cameras at a news conference held for the media.

Archibald Cox Delivers First Swinford Lecture

In a day-long meeting with students, in the field of law," said Dean Thomas lewis. He is concerned about the overcrowded faculty and members of the Kentucky Bar B. M, Westberry, president of the Kentucky dockets in our courts, the expense of Association, Archibald Cox, professor at , in his introductory remarks litigation, and the tendency to file more and Harvard law School, espoused his views at the evening lecture, said the series is "a more lawsuits, but offered no concrete about matters ranging from the recent Bakke living memorial (to Judge Swinford) which solutions. Cox did suggestthat voluntary, do- decision to the role of the lawyer in today's would somehow inspire all of us to do bigger it-yourself methods may be an answer to society. and greater things." In addition, Westberry some of the legal problems today, but said Cox, who visited and lectured at the said the lectures "are more fitting in his honor that more participation and responsibility is College of law on October 19, was the first than any tangible memorial." needed by members of the neighborhood. "We must rebuild the old idea that man is not guest in the Judge Mac Swinford lecture Cox spoke primarily about the ethical only responsible for himself, but for his Series. He began the day by talking with problems lawyers face, and encouraged neighbors also." students and faculty in the student lounge attorneys to "preserve the independence to A great lawyer comes to understand men and later held a press conference with the consider both what the client thinks (he) and women better than they may know local media. He concluded his visit with an 8 wants and what the other, long-term interests themselves, Cox said. liThe artist can see p.m. lecture in Memorial Hall for students, are-for the client and others." faculty and membersof the Kentucky Bar. cathedrals in the clouds, but can't build a Cox said he is "proud of our profession, and church without the mechanics. The lawyer The lecture series,sponsoredjointly by the convinced that each of us can aspire to live must also be an architect and engineer. His College of law and the Kentucky Bar within the law. In my view, the role of the unique tools are the capacity for logical Association, is named in honor of the late lawyer is that of a conscious expert. Every development and pragmatic attention to Judge Mac SWinford, who was U.S. District lawyer is engaged in helping people live solve the problems," Court Judge for the Eastern and Western together, and (he or she)often must substitute But Cox said he is aware that in describing Districts of Kentucky beginning September reasonfor power." the lawyer's role, he must consider the 11,1937. The theme for all the lectures, to be The best lawyers, Cox said, specialize in breakdowns and the power plays. "Yet, I think held biannually, will be "professional close, imaginative analysis. He encouraged our ideal of the lawyer tells us what we are responsibility". attorneys to use creativity in their work, and trying to do. Our aspirations are a part of us. "Cox was selected as the first lecturer said that past and contemporary history is If our reach exceeds our grasp, then to live becauseof his vast experience and knowledge filled "with the creativity of which I speak." greatly in the iaw lies in the endeavor."

3 College News

An Up-Date on the Progress of Our Building

Construction of the College of law addition been "very good natured and understanding James said. Whenever feasible, the library is is moving along as scheduled, consequently in the less-than-perfect scheduling." also purchasing material in microform, such changing life at the law school considerably. The addition, which will contain needed as U.S. Supreme Court Records and Briefs for A few recent changes include moving the library space and some additional classroom full opinion cases and U.S. Congressional student lounge to the vending area in the and office space, will add about 25,200 gross bills. basement, abolishing the faculty lounge, and square feet to the law builidng. Constructed "In addition, for the first time, the library moving the first-year lockers into the former at a cost of more than $1.75 million, it is will have adequate office and work space for Student Bar Association office. scheduled for completion in August 1979. the library staff," James said. The library has on request a book theft In addition, alterations have been made in The new portion is being added to the detection system which is expected to be the Spring class schedule which call for a southern side of the building and will include installed in the remodeled library. The number of classes to be held early in the a front entrance which will face Limestone University library has requested funds to morning and late in the afternoon. "Class Street. The additional space will be used to install an automated circulation system. As a scheduling had to be changed because rooms increase the library by about one-third, add part of that network, the law library will 215, 217 and 218 will not be usable," said one classroom and one seminar room, as well participate in this system when it becomes Assistant Dean Paul Van Booven. as student and faculty office space. available. "The acquisition of these systems Because of the room shortage, several law The added 9,000-10,000 square feet of will help the library improve its service to school classes are being held outside the law library space will increase total seating users," James said. building during the Spring semester. The capacity above the American Association of "Colors to be used in the law building Commerce Building, the Agricultural Ex- Law Schools' recommendation of 65 percent, addition, which were selected by the ar- periment Station and the former Porter said William James, College of law librarian. chitects, include shades of browns, tans and Memorial Church, all of which are less than a There will be 95 locked carrels, 38 open whites, Van Booven said. Orange carpet will five-minute walk from the law school, are carrels, and table seating for182 people. Also, be used in the student lounge, faculty lounge being used for classes. the library will have a new volume capacity of and on the first floor of the library. Grey Van Booven said he hopes that all Spring 173,173. carpet has been chosen for the basement. In semester finals can be held at the law school, In efforts to increase shelving space, the addition, two wall murals of suede-like however. library has begun a policy of replacing little- material will be hung in the lobbies of the So far, Van Booven said, students have used hard copy material with microforms, ground and flrst floor."

l---'------4_Despite the bad weather, the Law addition takes shape as construction moves along on schedule. Completion is targeted for August. Changes made in Student Achievements Law Journal A law student tutorial program and a of the previous SBA programs, such as the Candidacy Program telephone pledge drive to solicit funds for weekly noon forum, but hopes to add some scholarships are among programs planned by programs to benefit the community. His ideas The current editorial board of the Kentucky the new Student Bar Association ad- include holding seminars to help educate the Law Journal has substantially altered the Law ministration. community on the law, and instituting a Journal's candidacy program. Both programs, like others planned by the prison book drop. Fall 1978 candidates were required to write new officers, are geared toward helping Installed on October 18, the new SBA a short comment on a case selected by the students, said SBA President Shirley Cun- officers are: Keith Shannon, vice president; Comments Editor, John Wharton, instead of ningham, a second-year student from Cadiz, Karen Caldwell, secretary; Wendy Bryant, the. traditional "comment" Writing a Ky. treasurer; John Felde, first-year represen- traditional comment required each candidate "We were elected to represent the students tative; Paul Calico, second-year represen- to select his or her own topic. and we want to do as many things as possible tative; and Jim Harralson, third-year to benefit the most students," Cunningham representative. Approximately four candidates write on the said. "We also want to become a more in- Terrie A. Issac, a third-year student from same case, and since the exercise is used tegrated organization involving the whole lexington, has been appointed one of three solely to determine the applicant's research student body and direct students into ABA lieutenant Governors for the law and analytical skills, any or all of the can- something other than study:' Student Division Sixth Circuit. The position didates could be chosen. The candidates are Cunningham, who served as student involves significant administrative duties and required to research sources relevant to the government president at Tennessee State periodic travel around the Circuit, represent- case and write a "case comment" with an University, said he intends to continue many ing the Division. absolute 1G-page maximum. "The page limit forces candidates to be concise:' said Drake Cutini, editor-in-chief, "and emphasis is placed on critical thinking." Total time for the candidacy program has been reduced from seven weeks to three. Candidacy comments are not considered for publication. "The new method provides us with a reliable indicator of the student's writing and research ability, while simultaneously reducing the burden on the candidates and the waste involved in the prior method," Cutini said. In connection with the change in the candidacy program, the writing requirement also has been changed for students already on the Journal. In the past, students were Members of the 1978 - 79 National Moot Court Team are, from left, Darlene Ross, Ashland; required to write one note and two comments, Mike Kown, Carterville, III.; Sara Donaldson. Eminence; Cindy Cecil, Louisville; Jon Ohlman. one of the being the candidacy comments Louisville; and Debbie Poore, Hodgenville. comment. Since the candidacy comment has been eliminated, each student is required to write one comment and one note, Cutini said. This year the Journal is trying to publish all CALENDAR Of CLf I'ROGIIAMS-1979 student works in an attempt to create more Date Subject Oat<> Subject student participation and to improve the B1b,16-17 l"dafn<:hriiques2;lltf Evide~ AUlf24-2:5 8aDktQptcy.1.;aw.INl!W) educational function of the Journal, Cutini said. Each student will be closely supervised March') WOrkshop for. Le~jjf5ecfetaMs s~t 1'+15 1nafAdvOtacy by the student editors. Topics must be ap- Apti12:O":21 WOfkmeil'~Compei'ls"tJon Oct.12·U Mlr'ler:il Law proved before the students begin writing and J uee r ~16 Civ'iJrroc:~re: NOv.i2-) Ap~Jlate:Piaciice aM Pr~~ a formal system of re-writing ensures that De<. 1;1014 Oentr8JPrjcdet! SkiU'$ each student will re-write his or her own ar- July1~14 £~~tePlannm,(L&xin8ft;)fi) ticle. Juty27~8 Estate PlamJibg(PaOOcatij

Second-year students recently selected as fXcept'iiitd,q~ted~.aUprogtamfw;iUbeMldjnthe.C~o1 thetaw81J;ldi~ members of the Journal include: William Birdwhistell, Craig Bradley, Philip Collier, Steven Connelly, Catherine Cundiff, Kay Donoho, Kim Greene, Goeffrey R, Morgan, Jeff Ockerman, Nancy Ray, William Rigsby, ERRATA Tom Skalmoski, Bill Spicer and Carl Stich.

In the Class of 1977 listing in the Summer issue. we mistakenly listed Lee Oliphant as working with the firm of Lowry and Linblad in Paducah. Neal Oliphant, whose name was omitted, is actually with that firm. Lee works for Central Kentucky Legal Services in lexington. We regret the error.

5 Faculty Notes

GERALD G. ASHDOWN, Assistant Professor kENNETH B. GERMAIN, Associate Professor lectured in October on evidence and of law of Law criminal law at the Circuit Judges' Judicial Article: "Media Reporting and Privacy Article: "SearsCornpco Revisited: May College in louisville. Claims- Decline in Constitutional Protection Products and Packages Be 'Simulated' in the for the Press," 66 Kentucky Law Journal 759 late Seventies]." 1978 American Patent law JOHN LEATHERS,Associate Professor of law (1978). Association Bulletin 160. Administration Law Judge for the Depart- Article: Kentucky Law Survey-"Torts" ment for Natural Resources. The position (with Paula Hoskins), Volume 67, Kentucky ALVIN LEE GOLDMAN, Professor of law includes hearing cases involving violation of Law Journal, Spring1979. Book: Labor Law and Industrial Relations in strip mine laws and surface effects of deep Participated in Medical Ethics Conference the U.S.A. To be published by Kluwer mines. sponsored by Medical Center and Ephraim Publishers in December. The material in this McDowell Career Research Center, October book also will be published by the same LINDA I. PELTIER, Assistant Professor of 1978. company as the monograph on American Law employment law in the International En- Panelist and panel moderator at a cyclopedia for Labour Law and Industrial JOHN R. BATT, Professor of Law workshop on Ethical Problems and Decisions Relations. Article: With Dr. William Weitzel, "The in Cancer Patient Care, Saturday, October 21, Lecture: "Recent Decisions of the NLRB Persuasion of Law Students to a Psychiatric 1978. and the General Counsel," delivered on Perspective." To be published in the Bulletin Work in progress: Co-authoring Kentucky November 17 to the 1978 Midwest labor law of the Academy of Law and Psychiatry. law Survey article on Commercial law (with Conference in Cincinnati, Ohio. Article: With Dr. Cornelia Wilber and Dr. SusanColeman). Cerald Drew, "The Etiology of Multiple WILLBURT D. HAM, Professorof law Personality." JOHN ROGERS,Assistant Professor of law Article: "Corporations," Kentucky Law Presented oral argument before the Fifth Survey, Vol. 66. Circuit in New Orleans on October 11 on CAROLYN S. BRATT, Assistant Professor of behalf of the Secretary of HEW in Alabama Law WILLIAM JAMES AND JOHN R. BATT,Co- Hospital Association v. Califano, a case Article: "Homestead Exemptions and authoring dealing with federal jurisdiction and asserted Cooperative Apartments:' Issue No.4, Article: "The Family law Decision-Making due process rights for hospitals in Medicare University of Illinois Law Forum (to be Process: An Annotated law, Psychiatry and coverage disputes. published). Policy Science Bibliography," to be Member: Special Advisory Committee to published STEPHENJ. VASEk, Associate Professor of Revise the Kentucky Constitution. Law Spoke at a conference sponsored by the UK ROBERT G. LAWSON, Professor of law Speaker: Estate Planning for Farmers Semi- Department of Philosophy under a grant from Recently completed: final four chapters of nar, Spindletop Hall, November 30, 1978. the Kentucky Humanities Council on Por- Handbook on Kentucky Evidence Law, to be Article: "Hidden Penalty for Failure to nography and the Community (October 12, published about November 1. Withhold and Payover Taxes on Employee 1978). Article: "Presuming lawyers Competent to Wages", to be published in next issue of Protect Fundamental Rights: Is it an Af- Kentucky Law Journal. RUTHEFORD B. CAMPBELL, Associate Pro- fordable Hctlont," 66 Kentucky Law Journal Article: "Sales of Property as an Estate fessor of law 459 (1978). Planning Technique," in progress. Article: "Voluntary Recapitalization, Article: "Evidence," appeared in liThe Participant: ABA Seminar on East-West Fairness and Rule 10b-5: life Along the Trail Kentucky Law Survey", 66 Kentucky Law Detente, New York City, August, 1978; ABA of Sante Fe," 66 Kentucky Law Journal 267 Journal 583. Seminar on Contemporary International (1977). Member: Committee for Revision of the Relations: "The Challenge to International Article: "The Plight of Small Issues Under Criminal Rules of Procedure, initiated by the law," San Diego, December, 1978. the Securities Act of 1933: Practical Kentucky Judicial Conference and appointed Foreclosure from the Capital Market," 1977 by the Chief Justice of the State Supreme CARROLL D. STEVENS,Assistant Dean for Duke Law Journa11139. Court. The committee is in the process of College Relations Testified in April, 1978 before the Securities considering proposals for wholesale amend- Lecture: "Recruiting, Compensating and and Exchange Commission during the ment to criminal rules. Training the New Associate," Seminar on law Commission's hearings on the special Speaker: "Important Judicial Decisions Office Management, UK College of law, problems of small companies, Under the Kentucky Penal Code," delivered November1978. June16,1978, at a seminar for the Continuing Lecture: "Trends in the legal Profession," JOHN H. GARVEY,Assistant Professor of law Legal Education program at the UK College of Western Kentucky University, October, 1978. Article: "The Attorney's Affidavit in Law. Appointments: National Consulting Litigation Proceedings," 31 Stanford L. Rev. Testified before the Statutes-Judiciary Faculty, National Association for law No 2 (1979) Committee of the Kentucky General Placement; Committee on New lawyers, Article: "Judicial Consideration of the Assembly, at the Committee's request, to American Bar Association General Practice Delegation of Legislative Powerto Regulatory discuss with committee members the ad- Section; Task Force on Accreditation Stan- Agencies in the Progressive Era," 12 Indiana visability and feasibility of adopting for dard 212, American Bar Association Young Law Journal No.1 (October 1978). Kentucky a code of evidence law. lawyers' Division.

6 DEAN'S BRIEF

Life at the College of Law has been dominated this Fall by work on the building addition. Events more pleasant than this have been numerous-for example, the inauguration of the Judge Mac Swinford lectures; the annual meeting of the Southeastern Conference of the Association of American Law Schools, for which we were host; the baptism into law teaching of four excellent new faculty members, and an alumni reception during homecoming that] believe set new records for attendance and conviviality. But the ever-present work on the building has dominated all else. Progress has been visible and impressive almost on a day-to- day basis. But faculty, staff and students have had a trying semester as the workers unavoidably create noises and disruptions which make teaching difficult and general working conditions lessthan ideal. If you can imagine someone sledge-hammering from outside- in on your office wall you will have an idea of my meaning. Nevertheless, all have borne the difficulties in reasonably good humor, and all but our special victims of timing-the third-year students-can at least find comfort in the very substantial im- provement the addition will make in the school's environment. As you may know, the bulk of our expanded quarters will be given over to our growing library. The expansion is not to ac- commodate a larger student body, but to accommodate adequately-and in accordance with accreditation standards- Thomas P, Lewis, Dean, College of Law the existing student enrollment which has been held at a roughly constant level for several years. The library had become critically short of space both for The library has not been immune to the plague of inflation. Indeed, book costs have been rising at a greater rate than general student seating and book shelving. The seating problem goes back to an expansion of student enrollment many years ago; the living costs. This has placed new acquisitions under special book shelving problem is an inevitable product of recorded law's pressure as available funds are more and more needed simply to keep the existing collection up to date. But we remain dedicated growth and development. to the proposition that every effort must be made to permit the Some of you who have not toured the College of Law's Evans Library may not fully appreciate the major operation that it has library to continue its steady qualitative growth. become. Many of you can remember with me a library lovingly The Evans Library represents a tremendous past and con- managed by Dorothy Salmon, and housed in a space smaller tinuing financial commitment. While it provides the core of the than one level of the existing library. She assembled a carefully College's educational function, the library is a valuable resource chosen collection that has since been tripled by equally careful for the Commonwealth as well. It is by any measurement the management. Technological advances have made possible other most complete legal research center in Kentucky and members of improvements and services that were unknown to even the largest the Bar are invited and welcome to use it-and to call upon its earlier libraries. Examples are installation of a Lexis terminal for professional staff for assistance when confronted with problems computerized research and a strong media library. that out-distance normally available resources. The current budget of the library is $326,291 and its staff numbers nine, including four professional librarians. Some idea of the law's growth is provided by the fact that 85 percent of the book acquisition budget has been needed to keep existing ( materials current! - Some idea of the management required by the library is provided by knowing that volumes exceed 159,000 and that an Thomas P. Lewis annual growth of over 5,000 volumes is essential to the currency Dean of the collection. To conserve space, material that is necessary but infrequently used is now obtained in a micrographic format when available. The total volume equivalent of our micrographics is 33,500. With this kind of reliance on micrographics we hope the enlarged library will be adequate to house continuing growth for at least 12 to 15 years.

7 The Impact of Kentucky's New CLE Rule

By Linda Carnes John K. Hickey, above, UK Director of Continuing Legal Education, said "The voluntary program is much like a mandatory one that was considered by the KBA's Board of Governors in July, 1976."

For a number of years Kentucky lawyers have debated through the KBA's Board of Governors after being recom- whether or not some form of continuing legal education mended by the Continuing legal Education Committee, should be made mandatory for members of the bar. chaired by UK Dean Thomas Lewis. Hickey said he had hoped The pros and cons of such a program are quite obvious. On the voluntary plan would increase the interest of Kentucky's the one hand, it is argued that lawyers must keep abreast of lawyers in attending continuing legal education seminars, but changes in the law in order to adequately serve their clients, so far, he pointed out, there has been little increase in par- and that a mandatory program is the only effective means of ticipation at such seminars conducted by UK's Continuing achieving such a goal. On the other hand, many lawyers balk Legal Education Program. at the thought of having to attend classes in order to continue practicing law. "Good Response to Our Program" Because of this divergence of opinion on the subject, "We think there has been good response to our program, Kentucky has been reluctant to pass a strict requirement for but we would like to reach lawyers we never hear from. I its lawyers, even though a 1977 survey of the state's attorneys don't know how those lawyers can keep up with changes revealed that 58 percent favored "requiring all lawyers, with unless they do a lot of self-study. Our experience has been certain exemptions for age, etc., to obtain annually a that the better prepared lawyers seek out education, while determined number of hours of continuing legal education to the poorest prepared lawyers tend not to attend anything," retain a law license." Hickey said. "It's difficult to generalize about the attendance at UK's "Voluntary" Continuing Education Program continuing legal education seminars," Hickey said, "because However, as a compromise, the Supreme Court of Ken- attendance varies according to the particular program tucky- pursuant to the recommendations of the Board of subject, from 35 to 250 people. But we do not reach- as many Governors and the Continuing Legal Education Committee of lawyers as we would like." (There are approximately 6,500 the Kentucky Bar Association-has adopted a detailed members of the Kentucky bar.) "voluntary" continuing legal education program for mem- bers of the Kentucky bar. The program became effective on Lawyers Must Keep Up With Change Julyl,1978. "There are so many fields that are changing that lawyers Details of the program are contained in the new Supreme can't afford to practice unless they keep up with those Court Rules 3.610 - 3.690, which provide for a Continuing changes. Those who don't keep up are running a real hazard," Legal Education Commission under the direction of the Hickey said. Supreme Court and the KBA's Board of Governors. The In addition to UK's monthly continuing legal education commission is made responsible for regulating the continuing programs, the University of Louisville law School offers legal education programs for members of the bar. several programs during the Spring and Fall, and Chase law The voluntary program is much like a mandatory one that School offers occasional programs. was considered by the KBA's Board of Governors in July, At UK's seminars, the approach is generally the current 1976, said John K. Hickey, UK Director of Continuing Legal state of the law, he said. "We've found that attorneys don't Education. want to hear a speech, but want to learn something they can Hickey said the resistance to the mandatory plan was use in their offices within the next month." Instructors for the surprising to him, but that the voluntary plan breezed seminars are predominantly practicing lawyers who are

8 experienced practitioners in the area. yet been made mandatory, but Hickey predicts that it may be UK began a formalized series of programs and courses in in the future. continuing legal education in August, 1973, with the first "Our recently adopted voluntary plan could be made seminar, on bankruptcy, held on October 12·13, 1973. In mandatory by changing a few words in the rule. I think the November, 1973, Hickey and a small staff were employed to thinking of bar association members was that the voluntary direct UK's continuing legal education program. plan would be tried first and then the response could be At the time of the program's inception, then Dean of the gauged to determine whether a mandatory plan is needed." UK College of Law George W. Hardy, said in an article The newly appointed Continuing legal Education Com- published in the April, 1976 edition of Bench & Bar, that two mission of the Kentucky Bar Association will probably help post-admission needs of lawyers must be met by continuing make such decisions. The Commission, under the policy legal education. direction of the Supreme Court and the KBA Board of Governors, is now responsible for regulating continuing legal Need for Currency in Basic Law Areas education programs for membersof the Kentucky bar. "One is the need for currency or keeping abreast of change Commission members appointed on September 7 are: in basic areas of the law. In Kentucky we have only to reflect William D. Overbey, Murray; Reford H. Coleman, upon fairly recent changes and developments in the law of Elizabethtown; Walter Patrick, lawrenceburg; William P. 'no fault' divorce, 'no fault' insurance, a new criminal code, Mulloy, louisville; W. R. Patterson, j r., lexington; Arnold S. corporation law, bankruptcy, federal rules of evidence and Taylor, Covington; and Henry D. Stratton, Pikeville, chair- pension reform to impress the urgency of this consideration man. upon us:' Hardy pointed out. "Second, there exists a high degree of de facto New Supreme Court Rules specialization in modern law practice. Whether we formally The new Supreme Court Rules creating a voluntary con- recognize this development by the creation of specialty tinuing education program for membersof the bar residing in boards, recertifications or designation, as has been in some and outside the Commonwealth provide: states, we nevertheless must not refuse to see what is hap- • The continuing legal education commission shall consist pening. lawyers in Kentucky do specialize, sometimes of sevenattorneys one of whom shall be from each appellate knowingly and deliberately, but often by chance. In any district of the state and appointed by the Court from a list event the specialist hasa particular need for continuing legal submitted by the Board of Governors. education which must be met if he or she is to compete ef- • The commission shall be staffed with an assistant fectively with other qualified specialists." director for continuing legal education and sufficient ad- Then, and now, Kentucky is not the only state to be con- ministrative and secretarial assistants appointed by the cerned with continuing legal education. More than 40 states Board of Governors. have organized statewide programs of continuing legal • The commission, subject to approval by the Court and education. Their organization, scope, duration and ex- Board of Governors, shall inquire into and establish perience vary but a common denominator may be found in satisfactory procedures to ascertain the quality of courses, the fact that they are active, viable, centrally-directed sponsors of courses, and standards observed in continuing programs dedicated to the common objective of "promoting legal education offered to members of the Association as legal competence." well as: Seven states, including Iowa, Wyoming, Minnesota, -Accredit, or deny accreditation to, for the purpose of Wisconsin, Washington, North Dakota, and Colorado have meeting attendance standards of these rules, any in- adopted mandatory continuing legal educational require- stitution or continuing legal education course conducted ments for their attorneys. within or without the Commonwealth. -Foster and encourage the offering of quality courses of Three Types of Organization continuing legal education by qualified sponsors to Organization of state continuing legal education entities members of the Association at reasonable tuition or generally falls into one of three types, although some registration fees. variations are found. In some states the • Each member of the Association who shall attend a directs and operates the program. Examplesof this type may minimum of 60 hours of approved CLE within a three-year be found in Arizona, Idaho, Florida, Kansas, and Texas. period shall qualify for the Continuing legal Education Nonprofit institutes have been successfully utilized in a Recognition Award consisting of a dignified certificate which number of states including California, Illinois, Ohio, New attests to the educational accomplishment. Jerseyand Pennsylvania. • Each member who holds a valid, unexpired award shall Another organizational arrangement commonly employed receive a 25 percent discount of the normal registration fee is for one or more law schools to develop a statewide for the Kentucky Bar Association Annual Convention. program in cooperation with the State Bar Association. This is • Annually the Association may publish in the Kentucky the approach taken in Iowa, louisiana, Michigan, Minnesota Bench & Bar and leading daily newspapers of general cir- and Wisconsin. culation throughout the state an announcement of the Hickey said no particular organizational structure seems members who during the preceding educational year have obviously superior to another. Each seemsto work well in a earned the Continuing legal Education Recognition Award. particular environment provided there is cooperation and • Members who have qualified for the Continuing legal support by other existing legal entities, particularly the State Education Recognition Award by attending approved courses Bar Association. in a specialized area of law may announce their achievement Although Kentucky, like a number of other states, has in a paid classified advertisement in the Kentucky Bench and established a continuing legal education program, it has not Bar. 9 Alumni News

had responsibility for legislation affecting procedure in the federal courts. On Jan. 31, 1941, Senator Miller was nominated by President Franklin D. Roosevelt as District Judge for the Western District of Arkansas, succeeding the late Heartsill Ragon. Judge Miller has been honored widely by civic, educational and bar institutions for his long and dedicated public service. He has honorary Doctor of laws degrees from the University of Arkansas and Harding College. The Sebastian County (Arkansas) and the - have awarded him special commendations, as have the International Academy of Trial lawyers and the Southwestern legal Foundation. In December 1963, he was presented the Distinguished Alumni Award by the University of Kentucky Alumni Association. Judge Miller assumed the status of Senior U.S. District Judge in February of 1967 and still serves in that capacity. The position of John E. Miller Clarence E. Barnes respect he enjoys in the Southwest is a source of pride to UK lawyers everywhere. John E. Miller '12, Senior United States Tax Court litigation, General litigation, District Judge for the Western District of Refund Litigation and Criminal Tax matters. Arkansas, is one of the oldest living alumni of He supervises approximately 20 attorneys Oliver Walter Cain '23, has been granted the College of law. His career has included a engaged in trial work and other tax activities honorary lifetime membership in the number of remarkable professional and connected with representation of the Kentucky Bar Association. Mr. Cain is a political achievements. Commissioner of Internal Revenue. He is also graduate of Richmond College, now Eastern Born in 1888 in Stoddard County, Missouri, responsible for coordination of federal tax Kentucky University. He served as Miller began teaching in local rural schools at matters with the United States Attorneys in superintendent of Johnson County Schools the age of 16. He attended Valparaiso Southern Ohio and the State of West Virginia University in Indiana before enrolling in the from 1926 until 1930 when he became an Barnes, who received a B.A. degree from University of Kentucky's Law Department (as investigator for the Civil Service Commission UK in 1947, is a member of the Kentucky Bar it was then called). in Washington, D.C. He returned to Paintsville Association. and is admitted to practice Shortly after graduation from Law School in 1959, where he still maintains an active before the Supreme Court of the United in 1912. Judge Miller began practicing law in practice. States. He served in World War II as a flier (B- Searcy, Ark. He was soon ejected City At- 24s)in the South Pacific. torney and was chosen as White County's He lectures frequently on federal tax Delegate to the Arkansas Constitutional The Cincinnati law firm of Kyte, wuls!n and subjects at various law schools in Kentucky, Convention of 1917-18. In 1919 he took office Vogeler has merged with Frost and Jacobs of Ohio, Michigan, Indiana, and West Virginia. as prosecuting attorney for Arkansas' First that city. The new firm will bear the name of He has been Regional Counsel's represen- Judicial District Frost and Jacobs. Alan Vogeler '40, J. Leland tative for local and state Bar Liaison activities In 1930 his career began to focus on Brewster II '57 and Gary L. Herfel '69 are in Cincinnati for approximately 10 years. national affairs, when he ran for and was members of the firm. Prior to being appointed District Counsel, elected to the U.S. House of Representatives Barnes was Staff Assistant to the Regional from the Second Congressional District of Counsel in Cincinnati, handling large Tax Arkansas. He rose to important positions on Court cases and other assignments in that Robert F. Houlihan '41 has joined Stoll, the House Committees on Banking and five-state region. His assignments included Keenon and Park as a partner and Lee G. Currency, Claims, Insular Affairs, and the teaching as lead instructor in a trial training Langston 71 as an associate. Houlihan was Judiciary, and authored several bills that later program held bi-annually in Washington, D.C formerly General Counsel for the Kentucky became law, notably on matters of flood for new IRStrial attorneys. Department of Banking and Securities. control. Prior to his appointment as a Chief Counsel When Arkansas Senator and Democratic attorney in 1965, he was a Judge Advocate Floor leader Joe 1. Robinson died in 1937, Officer in the U.S. Air Force. His assignments Representative Miller was chosen in a special Clarence E. Barnes '50 has been appointed included United States representative on election to succeed him. In the Senate, he District Counsel in Cincinnati, for the Internal NATO, Status of Forces matters in london, served on the Judiciary Committee, the Revenue Service. He has responsibility for England, Executive Officer to the Judge Committee on Rules and the Committee on handling the legal aspects of federal tax Advocate General of the Air Force at the Banking and Currency. He ultimately became administration for Southern Ohio and the Pentagon, and Associate Professor of Law for chairman of a Judiciary sub-committee that State of West Virginia. This includes federal (Continued) 10 ------,;------=1

Alumni (continued) five years at the U.S. Air Force Academy in Deaths Colorado. Hugh Kelley '13, August 14, 1978, in los Courtney C. Wells '37, Hazard, Kentucky. Ed is a native of Louisville and is married to Angeles, California. the former Wanda Clay Scrivner of lexington. They have a married son and a married daughter and another son in high school. Dale R. Booth '46, a U.S. Magistrate for the John S. Deering '16, Nicholasville, Kentucky, Western District of Kentucky, died suddenly C. McChord Carrico '66, formerly an Assistant November 1978. August7, 1978, in louisville. General Counsel for Iowa Southern Utilities, has been named General Counselor for leggett and Platt in Winchester, Kentucky, Alvin Lisanby '20, December 21, 1977, in Gladney Harville '50, a partner in the Princeton, Kentucky. Mr. Lisanby was Lexington firm of Stoll, Keenan and Park, and Morell Eugene (Gene) Mullins '67 is currently Princeton city attorney and Caldwell County a member of the Kentucky Board of Bar Associate Solicitor for the Mine Safety and attorney for six years, and the Examiners, in Lexington following a lengthy Health Division of the u.s. Department of Commonwealth's Attorney for the 4th Judicial illness. labor in Washington, D.C. He was a lecturer District for 24 years. at the recent seminar on Mineral Law. • Gerald E. Benzinger '69 was awarded the Sims served as Robertson County attorney status of Diplomate of the Court Practice from 1930-1933. In 1933 he joined with two Institute following an August Trial Advocacy other Harrison County practitioners to form Seminar in Chicago. the law firm of SWinford, Swinford & Sims. His partners were the late M.e. SWinford and the David G. Powell 70 has been named late Judge Mac Swinford. At the time of his Executive Assistant to S. David Freeman, death, he was associated with Ron Mahoney, Chairman of the Board of the Tennessee David Melcher and John Swinford in Valley Authority. Cynthiana. His law partner in Mount Olivet was a nephew, John David Sims. Rosemary Faith Center '76 has been ap- A member of the Harrison County Bar Thaxter Sims pointed Wolfe County Attorney. As far as we Association, the Kentucky Bar Association, can determine, she is Kentucky's first woman the ABA and the Cynthiana Rotary Club, Sims County Attorney. J. Thaxter Sims '27, prominent Robertson was also active for years on the Harrison County and Harrison County attorney, died County Democratic Committee. He served as Daniel C. Hicks '76, former law clerk to Judge October 17 in lexington following a brief delegate to the National Democratic J. Gregory Bruce of the U.S. Tax Court, is now illness. Convention in 1932, 1960, 1964 and 1968. associated with the Hopkinsville, Kentucky firm of Keith and Myers.

John Stewart '76 has been named an Assistant Commonwealth's Attorney in Jefferson WASHINGTON AREA LAW ALUMNI GATHER County. On May 19, several Washington, D.C. area attended the reception held in the UK lawyers attended a reception for Dean Washington offices of Ashland Oil, Inc. on Thomas L. Rouse '78 is now associated with lewis and Professor Oberst who were in Connecticut Avenue. Harry D. Williams '66 is Conner, Purdon, Ashcraft, McCoy, Williams Washington for the Annual Meeting of the Director of that office. and Rouse, P.S.c. in Erlanger, Kentucky. American Law Institute. About 40 persons

LAW FUND ACTIVITY GETS BOOST FROM GIFTS AND BEQUESTS

At the end of November, College of Law "The enthusiasm of these volunteers has Fund totals are markedly ahead of those been overwhelming," said John Heyburn, who registered at the same time last year, is coordinating Class Agent efforts. "Their according to 1978 Fund Chairman Charles work is chiefly responsible for this year's Adams. The number of donors is up almost 40 successes." percent and the total dollars given almost In another development involving gifts to $3S()(). the law school, Dean Thomas P. lewis "We fully expect December and January to recently announced the receipt of a sizeable be our most successful months, as they were gift from the Roy W. Moreland estate to last year," Adams said. "If we continue the establish a Moreland Scholars Fund for the present rate of increase over last year, we benefit of needy law students. The College might well hit the $50,000 mark." The College also has been recently bequeathed the library of Law Fund Steering Committee, composed of the late James W. Smith of Middlesboro, a of Chairman Adams, Law Alumni President graduate of the old Cumberland School of Charles English, Cawood Smith, Dick Bush Law in Tennessee. and John G. Heyburn, II, is assisted this year College of law Fund books close at the end by over 80 volunteers serving as Class and of January. A comprehensive report will be John G. Heyburn II Area Agents. published in the next issueof the Review.

11 Board Reviews Several Topics During Homecoming

On Saturday morning, November11, during Homecoming, the Board of Directors of the Law Alumni Association met to discuss annual projects and hear Dean Lewis review the recently received report of the ABA-AAlS Visiting Committee. The Board agreed on a method to recruit Area Agents for the Fund drive, established an Alumni Achievement Recognition Committee, and formed a group to plan the 1979 Annual Meeting program, which will be held May 24 at the Hyatt Regency in lexington. The program will honor Professor Paul Oberst who retires in the Spring of 1979.

Present at the Board meeting were Directors Steven L. Beshear, Marilyn S. Daniel, Charles E. English, Hugh B. Hall, Jr., John S. Heyburn, II, ArloeW. Mayne, John D. McCann, John D. McGarvey, Alfred A. Naff, J. Quentin Wesley makes a point to the other Law Alumni Directors including William Tooms, R. William Tooms, Howard E. Trent, lr.. J. at his left with back to camera; Howard E. Trent [r., across table; John D. McCann, right, and Quentin Wesley and Carroll D. Stevens. Assistant Dean Paul C. Van Booven, at end of table.

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