Faculty News

Judge-in-Residence

Justice Bill Cunningham will be the Law School's judge-in-residence on Monday, August 23.  Students, staff, and faculty are invited to attend a community-wide forum from 11:30 to 12:15 in room LL75.   Pizza will be provided.
  
Please join us in welcoming Justice Cunningham to the Law School and making the most of his visit.

Professor Marcosson Quoted in "Time" Magazine

Professor Marcosson was recently quoted in a Time magazine article, "Why California's Gay-Marriage Ban Was Upended" (August 5, 2010).

"The opinion is strong, first because it is carefully grounded in the factual record made by the parties," constitutional scholar Samuel Marcosson of the Louis D. Brandeis School of Law tells TIME. "Judge Walker used the combination of fundamental rights and equal-protection analysis. I don't think there is a better federal constitutional argument to be made. The question is whether we currently have a Supreme Court truly prepared to rule in favor of these arguments."

The article was written by Michael A. Lindenberger, a 2006 graduate of the University of Louisville's Louis D. Brandeis School of Law.

Notice of UofL's Smoke-Free Campus Policy

***Starting Tuesday, June 1, 2010, the designated smoking areas ceased to exist and the policy will be fully enforced on all campuses.

On November 19, 2009 the University of Louisville instituted a policy that prohibits smoking on all campuses.

There are many reasons why we've instituted this policy:

- Public health: Smoking harms both the smoker and people around the smoker.
- Employee satisfaction: More and more UofL employees are complaining about walking through smoke to enter buildings and about cigarette butt litter.
- Inequity: Many employees also have pointed out the inequity in having a smoking ban only on one campus.

Smoking is an individual choice. This, however, may be an opportunity for many of you who want to stop smoking. Both our Get Healthy Now employee health management initiative and our Campus Health Center can connect you with classes and products that can help you quit. Humana has made a generous offer to partially cover the costs of smoking cessation support, so we will offer an array of products, including pills, patches and gum, as well as behavioral support to people who want to quit. 

Shirley Willihnganz
University Provost

Annual BLSA Back to School Cookout

You're invited to the Annual Black Law Students Association Back to School Cookout!

Saturday August 14, 2010
12-5 PM
Thurman Hutchinson Park on River Road

RSVP to Courtney Phelps and indicate the number of guest coming.

Law Student Appointed to Council for Postsecondary Education

Governor Steve Beshear has appointed Aaron Price, 3L, to serve on the Council for Postsecondary Education, following his nomination by SGA President Sana Abhari. Student body presidents made four nominations to fill a vacant post; two of those went to Beshear for consideration. This appointment will allow Price to present a student voice on the many issues the CPE board handles. Price received his bachelor's degree from UofL and is enrolled in the Brandeis School of Law.

Full Story: Student Aaron Price appointed to Council for Postsecondary Education  (UofL Today, August 5, 2010)

 

Law Student Receives Prestigious National Security Scholarship

Five University of Louisville students and an alumnus recently earned national security related scholarships. Most of the winners will travel to other countries as part of the scholarship award.

Jeffrey Benedict, now a second-year law student and 2008 Mitchell scholar, is one of two students that received National Security Education Program David L. Boren scholarships for the 2009-10 academic year. Participants must complete a national security-related service requirement for the Boren Fellowship.

Since 2005, 10 UofL students or graduates have received Boren scholarships. The scholarship funds between three months and two years of study in a country of national security interest for students studying languages and subjects of particular national security relevance. Benedict is studying intensive intermediate-level Turkish and regionally-focused law classes while completing his fellowship in Istanbul this summer.

Benedict earned a Master of Arts degree from the National University of Ireland, Maynooth in Musicology with First-Class Honors. He graduated summa cum laude from Vanderbilt University in 2007, where he received many awards for his research on the practice of espionage by musicians throughout European history. Benedict is a First Lieutenant in the Army Reserves and looks forward to being placed in the Army Judge Advocate General's Corps upon completion of law school. He will return to school on August 24.

Source: Six students receive prestigious national security scholarships (May 14th, 2009)

From Error Toward Quality: A Federal Role in Support of Criminal Process

The American Constitution Society for Law and Policy invites you to read:

From Error Toward Quality: A Federal Role in Support of Criminal Process
An Issue Brief by: James M. Doyle
 
ACS is pleased to distribute "From Error Toward Quality: A Federal Role in Support of Criminal Process," an Issue Brief by James M. Doyle. Mr. Doyle is a lawyer in private practice with the Boston law firm of Carney & Bassil and the former head of the Public Defender Division of the Massachusetts Committee for Public Counsel Services, which is the statewide public defender agency.

Mr. Doyle begins his Issue Brief by observing that "[c]ontemporary medicine is experiencing a vibrant quality reform movement born in the aftermath of horrific reports of fatal medical errors." Based on the reform experience in medicine, which is a team-oriented effort built on learning from routine human errors to improve practices and "prevent those inevitable errors from ripening into tragedies," he sees an opportunity for the federal government to "catalyze the willingness of criminal justice practitioners and stakeholders to learn from their own mistakes . . . and lay the groundwork for a continuous quality improvement initiative in America's criminal justice systems." With the federal government's help in designing a common template for assessing errors in the system, serving as a clearinghouse for collecting and sharing the analyses of errors performed at the local level, and providing other modest technical and financial support, Mr. Doyle believes that this effort could "set in motion a cultural shift that improves criminal justice, not by imposing top-down federal micro-management, but by exploiting the talents and insights of local systems' frontline practitioners." He also believes that it could "change a culture to one that routinely, every day, concentrates on improving the reliability of the criminal process for the victims, the accused, and the public."

Mr. Doyle's Issue Brief is the second in a series that ACS will be publishing focused on ideas about a possible role that the federal government can play in improving indigent defense systems in states around the country. Attorney General Eric Holder, Congress, and many other federal policymakers have taken notice of the crisis in indigent defense that has existed since 1963 when the U.S. Supreme Court held in Gideon v. Wainwright that each state has an obligation under the Sixth Amendment to the U.S. Constitution to provide a criminal defendant with an attorney when he or she cannot afford one, and they have specifically identified reform of the system as a priority. Mr. Doyle's systemic approach to criminal justice reform, which he believes will help identify problems that undermine compliance with the Sixth Amendment, offers another recommendation as to what the U.S. Department of Justice, Congress, and other parts of the federal government do to help bring about reform.

University of Louisville Yearbooks

Full-text searchable digital versions of University of Louisville Yearbooks from 1909 to 1950 are now available online. Others (through the final edition in 1982) will be added in the coming months.  

University of Louisville students produced their first yearbook, The Colonel, in 1909. The Colonel apparently ceased publication after the 1912 edition, leaving a gap in the documentation of student life until 1922, when its successor, The Kentucky Cardinal, began monthly publication during the school year, with the June edition serving as a de facto yearbook. By 1924, the school year-end annual edition of The Kentucky Cardinal had been renamed The Thoroughbred, a title which lasted until 1972, despite a somewhat sporadic publishing record (no issues were produced in 1932, 1934-1938, 1943, 1945-1946, and 1970-1971).

During and after World War II two small publications were created to fill the gap while The Thoroughbred was on hiatus: The Key (1943) and The Class Cards (1946). The Thoroughbred Magazine briefly replaced the yearbook from 1969-1971, with multiple issues (four the first year and three thereafter) including poetry in addition to photographs. The Thoroughbred yearbook reappeared in 1972 for one last time, then, after another year without a yearbook (1973), it was replaced by The Déjà Vu (1974-1976). After another gap (1977-1978), the last major attempt at a UofL yearbook, Minerva, was produced from 1979-1980 and again in 1982 (there is no 1981 yearbook).

This digital collection contains full-text searchable digital versions of University of Louisville yearbooks. The yearbooks are being scanned in chronological order, and the digital collection will be updated in phases as groups of scans are completed and cataloged. Magazines (such as The Kentucky Cardinal monthly publications and The Thoroughbred quarterly publications) and yearbooks for individual schools (such as the School of Dentistry’s Plugger and the School of Law’s Jeffersonian) are not intended for inclusion at this time.

The collection includes several images of the law school building and photographs from the aforementioned yearbooks and publications. The best means for locating these items is to visit the collection's homepage and enter "law" in the search box labeled "Search the Yearbooks", then click Go.

Eastern Pkwy Reopens

Kentucky's Transportation Cabinet will embark upon a three-phase construction project to some of the main thoroughfares on the eastern and southern borders of Belknap Campus. Construction will begin in late August and is expected to be completed by the end of December. Enhancements to the area will include bike lanes, structurally enhanced bridges, increased safety, better signage, and a landscaped median. 

The law school will be most impacted by Phase II that involves a major redesign of the portion of Eastern Parkway nearest Third Street. During that period, access along Eastern Parkway will be restricted. Visitors are encouraged to approach from either Third Street (west) or Cardinal Boulevard (north). Some of the spaces in the red, green, and blue parking lots will be temporarily relocated. TARC bus #29 will be rerouted at Crittenden Drive. The Black Loop will not be impacted.

Update, 6/21: Eastern Parkway between Third Street and the entrance to the Speed School of Engineering parking lot will be blocked off Tuesday morning, June 22, from about 10 a.m. to 10:30 a.m. for the dedication and opening of the renovated Eastern Parkway bridge. The lot is accessible via Brook and Warnock streets during the ceremony. Gov. Steve Beshear, U.S. Rep. John Yarmuth, Metro Louisville Mayor Jerry Abramson and other state and local officials will join UofL President James Ramsey for the ribbon-cutting ceremony. UofL Provost Shirley Willihnganz and student Preston Bates also will represent the university at the event. Eastern Parkway will be opened for traffic immediately following the ceremony. Old Eastern Parkway, which runs under the bridge, will remain closed until about July 1.


Additional Resources:

 

 

Disorderly (mis)Conduct: The Problem with "Contempt of Cop" Arrests

The American Constitution Society for Law and Policy invites you to read:

Disorderly (mis)Conduct: The Problem with "Contempt of Cop" Arrests
An Issue Brief by Christy E. Lopez
 
ACS is pleased to distribute "Disorderly (mis)Conduct: The Problem with 'Contempt of Cop' Arrests," an Issue Brief by Christy E. Lopez, a civil rights attorney with a practice focusing on police and criminal justice reform. Almost a year ago, the issue of "contempt of cop" arrests was thrust into the national news when Harvard University Professor Henry Louis Gates, Jr., was arrested by Cambridge Police Department Sergeant James Crowley. Sergeant Crowley was responding to a 911 caller who had reported a burglary in progress at Professor Gates's home, which is where the two encountered each other. As the events unfolded - Crowley's investigation of the burglary call and Gates's response to the Crowley's questions and actions - the situation escalated, and led to Sergeant Crowley arresting Professor Gates for disorderly conduct in the middle of the day just outside the front door to his house. The charges were later dropped, and after President Obama waded into the whole affair by saying that he thought the police acted "stupidly," the President later hosted a "beer summit" with both Gates and Crowley at the White House to help resolve the situation.

Ms. Lopez argues that "Sergeant Crowley's decision to arrest Professor Gates may or may not have been stupid. It may or may not have been consistent with Cambridge Police Department policy. But, if the facts are as Crowley asserted in his arrest report, the arrest was unlawful." She describes the law, and contends that, however loud, rude, or obnoxious Gates was, his behavior "falls squarely in the realm of speech protected by the First Amendment," and he should not have been arrested. Ms. Lopez continues that, "[d]espite its illegality, the arrest of Professor Gates was not unusual. This scenario - an individual being arrested after responding obstreperously to perceived police misconduct - is one that plays out routinely across the United States, albeit without the Ivy League backdrop or culminating in conflict-resolution-through-beer."

In this Issue Brief, Ms. Lopez asserts that there is "widespread misunderstanding of police authority to arrest individuals who passively or verbally defy them" and that there is "abundant evidence that police overuse disorderly conduct and similar statutes to arrest people who 'disrespect' them or express disagreement with their actions." She believes that "abusive arrests cause direct and significant harm to those arrested and, more generally, undermine the appropriate balance between police authority and individual prerogative to question the exercise of that authority." To fully explore this issue, Ms. Lopez discusses the relevant law governing these types of arrests, and several investigations of problems in police departments around the country. She then details her reasons for asserting that "the harm caused by improper arrests and threats of arrest for disorderly conduct far outweighs the justification given by some police and pundits for the aggressive (overly-aggressive, some would say) use of these statutes," and concludes by proposing "a roadmap for legislators, advocates, law enforcement officials, and others seeking to address this problem."