Bench & Bar

NOV 2013

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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COLUMNS U of L The first memories of Louis Brandeis, for whom our law school is named, were his mother serving food and coffee to Union soldiers on the front yard of his Louisville home. It is fitting that I focus my commentary during November, when Veterans Day is observed, on the University of Louisville Louis D. Brandeis School of Law and its attention to those who are serving and who have served in the military. The growth of our law school was significantly affected by the return of soldiers from World War II. The enrollment of women began in 1911, and the enrollment of male students dropped dramatically during World War II, but resumed when the war ended. Today many of our enrolled students have served in the military, and with the return of soldiers from the Middle East, we expect that number to increase. 1L Students Who Served in the Military We welcomed seven 1L students with military experience this year. All of their stories are fascinating! This class includes among others a paratrooper in the 82nd Airborne Division, an Infantry Team Leader as a Sergeant in the Army, a 35N (signals intelligence analyst), and a 5811 (military policeman). I wanted to share some of their answers to my question about how their service prepared them for law school: It's quite difficult to state whether my military experience actually prepared me for law school. However, I do concede that it has changed my mindset. First, I don't have the overwhelming fear of professors that I hear exists from my peers. I am not saying that I don't care if I get cold called and give the wrong answer, but I served four years in a branch of service that does far more screaming at you then talking to you. I can handle the pressure. 18 I've learned how to get to work and accept horrible working conditions. I'm not sure how to word this better. I guess I realize that just because something seems miserable at the time (reading 8000 pages) does not mean I cannot or will not complete it. Though I'm only a few weeks into law school, military service during a time of B&B; • 11.13 war is excellent preparation for any high-stress, high-workload lifestyle. The military prepared me for law school in several ways. Service as a paratrooper instilled great tenacity, discipline, and contributed to my deeply ingrained sense of duty. In essence, I 'bought into' the military ethos, and it continues to serve me well. I would add that my life experiences are more varied than a more traditional student, and this has given me a leg up in keeping the law school experience in perspective. I hope you will have the opportunity to meet these fine young men soon. Curriculum Opportunities Not only do we have wonderful students with military connections but our curriculum is expanding to include collaborations with the military. Also several courses incorporate veterans' issues into their discussions. For example, courses explore disability discrimination issues facing returning vets in higher education and the challenges they face in getting medical benefits. Fort Knox Externships In 2011, University of Louisville President James Ramsey made a commitment to strengthen the university's relationship with Fort Knox and to develop joint initiatives. As a result, Col. (ret) Renee Finnegan, executive director for military initiatives and partnerships, is working with the law school to develop a partnership involving externship and public service placements for law students at Fort Knox. The population supported by Fort Knox is approximately 100,000, including a workforce comprised of military, civilian, and student/trainee personnel, as well as family members, retirees and others. The legal needs of this community are many and varied, and are provided through legal offices in three units: the U.S. Army Cadet Command, the U.S. Army Recruiting Command, and the U.S. Army Human Resources Command. Beginning in the 2013-14 academic year, law students are being placed in the Office of the Staff Judge Advocate (OSJA) of the U.S. Army Cadet Command. OSJA employs approximately 30-35 attorneys (SJAs or civilian attorneys) who provide a wide variety of legal services. Placements in the Cadet Command OSJA will offer students a broad range of opportunities. For example, externs may be assigned tasks involving a broad range of substantive law and admin- istrative law issues, including contract, labor, investigations, ethics, environment or military personnel law. Or, they may have opportunities to assist with civil law issues commonly faced by individuals and families, or with civilian misdemeanor prosecution. National Security Course In addition to these externships, the Brandeis School of Law offered a "National Security Law" course in 2012. The instructor, Peter Hill, is a retired army judge advocate general who continues to practice law for the U.S. Army at Fort Knox. The course covered many legal topics which seem to have been the lead topics in much of the news recently, and was described as a study of the allocation of national security, war-making, and military authority between the president and Congress under the U.S. Constitution and such statutes as the War Powers Resolution; the standards and procedures for detaining, prosecuting, and punishing enemy combatants, detainees, or suspected terrorists in Article III courts and other tribunals such as military commissions; the domestic effect of some international law; the federal framework for the detection, monitoring, investigation, and prevention of terrorist activities, including electronic monitoring; the restrictions on disclosing national security information; and the domestic use of military resources in law enforcement and other activities. Besides their traditional use of a case book, the students engaged in role playing in two practical exercises in which they assumed roles such as counsel to the president, counsel to the House Armed Services Committee, general counsel of the U.S. Department of Defense, or counsel to an anti-war organization. The students then analyzed the strengths and weaknesses of their positions in a briefing to the other students. One of the practical exercises involved a possible American intervention in Syria, with students examining the constitutional and statutory constraints on executive power and the commitment of military resources. In addition to courses, professors are also writing about issues facing the military. Be sure to read Professor Jamie Abrams' excellent article, Modern Challenges for Military Families, in the July Louisville Bar Association's Bar Briefs.

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