Reminder: Louisiana’s “Jungle Primary” Election Day is Sat., Oct. 22
C I V I L I AN The
A Student Publication for the LSU Law Center Community October 2011 Volume 8 Issue 3
Obama appoints PMH Alumnae to fill judicial vacancies
Casey Neale Staff Writer
President Barack Obama nominated two distinguished Law Center alumnae to fill vacancies in the United States District Court in the Eastern District of Louisiana. Jane Triche-Milazzo, member of the class of 1992, was nominated this past March to fill the vacancy left by Mary Ann Vial Lemmon, who took senior status in January. Susie Morgan, graduate of 1980, was nominated this past June, to fill the vacated seat left by Judge Thomas Porteous’ impeachment. Both were recommended to the President by Sen. Mary Landrieu.
Jane Triche-Milazzo Triche-Milazzo, a native of Napoleonville, La., attended Assumption High School and earned a B.A. from Nicholls State University in 1977, graduating magna cum laude. She began her career as an elementary school teacher, but shifted career paths and worked as a law clerk while attending law school. Upon graduating, she immediately went into practice with her family at the Law Offices of Risley “Pappy” Triche, her father and a 1951 Law Center alumnus. From 1992 to 1998, Triche-Milazzo served as an associate at the firm and from 1998 to 2008, she was a partner. On August 1, 2008, Triche-Milazzo was sworn into office as the first female judge elected to the 23rd Judicial District Court. Since her graduation, Triche-Milazzo has been a continued supporter of the Law Center. “She cares deeply about the law school and is still very involved to this day,” said Karen Soniat, director of Communications and External Relations for the Law Center. Triche-Milazzo has been a member of the Law Center Board of Trustees since 2003 and is a member of the Chancellor’s Council. Susie Morgan Susie Morgan received her B.A. in 1974 and her M.A. in 1976 from Northeast Louisiana University (now known as the University of Louisiana Judges cont. on page 2
Tulane University Law School admits 1L with murder conviction PMH faculty, administration weigh in on consequences Bruce Reilly has quite an impressive resume. The first-year Tulane University Law School student has screenwriting experience, is an advocate for prisoner’s rights, and was the recipient of a Dean’s Natalie Messina Merit Scholarship and a Chief Copy Editor NAACP Legal Defense Fund scholarship. The 38-year-old is also a member of Direct
Action for Rights & Equality and a steering committee member of the Formerly Incarcerated and Convicted People’s Movement, according to Unprison.com, of which Reilly is the primary blogger. A visit to Reilly’s blog reveals that his advocacy work includes trying to improve the criminal justice system, in part, by stopping prisoner abuses. Reilly knows about these abuses because he spent 12 years in prison for second degree murder after stabbing a college professor to death.
According to The Times-Picayune writer Bruce Nolan, police said that in 1993, 58-yearold Charles Russell, an English professor, picked up Reilly hitchhiking on I-95. Russell took him to his home, where Reilly robbed and stabbed him to death. Reilly told The Times-Picayune that he completed five years’ probation last year. When AboveTheLaw.com, a legal website with news, commentary and opinions, exposed Reilly’s murder conviction this past month, Reilly quickly became notorious among his law Tulane cont. on page 8
INSIDE: T he C ivilian ’ s S cheduling G uide A ppendix
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THE CIVILIAN • October 2011
Editor’s Note For upperclassmen, October is the most tumultuous “calm before the storm” imaginable. It’s the buffer zone of the semester before many law students start locking down into exam study mode. But OCI, advocacy competitions, seminar writing assignments and great SEC football have us all bouncing between whirlwinds while grasping hopelessly for any moment of stability and serenity. Will Harris A common axiom one hears at PMH is “start Editor-in-Chief studying hard after the Halloween party.” Most people can fit a “3-2-1” study plan into the weeks between the costume bash and exam season (as many know, my “6-54-3-2-1” plan started in August), and in this era of widely-distributed outlines, you are probably right to think that you can do just as well as anyone by starting to lock down at the beginning of November. One thing I am disappointed about this month is the lack of story suggestions we’ve received from students. While I assume this is because The Civilian is doing a great job of providing coverage of all student interests, I think there is greater potential for the student body to be talking back to its student publication about matters of interest. Let me take this opportunity to remind you that you can always email or Gchat TheCivilianLSU@gmail.com. We get very few suggestions, so anything
hat s going on at
Send your October 13-14 Reading Days upcoming club or organization events to October 17-18 Tullis Preliminary Rounds TheCivilianLSU@gmail.com. October 20-25 Tullis Advanced Rounds October 22 LSU v. Auburn, Primary Elections October 24 Judge Kolakowski speaks at OUTLaw meeting October 27 Tullis Final Rounds, Federal Clerkship Panel Other Events to look forward to this Fall: November 5 LSU at Alabama November 12 LSU v. Western Kentucky November 19 LSU at Ole Miss
Judges cont. from page 1 at Monroe) before graduating, Order of the Coif, from the Law Center. After receiving her law degree, Morgan worked for 24 years at the law firm of Wiener, Weiss & Madison in Shreveport, La. She joined the firm as an associate in 1981 and became partner in 1985. In 2005, Morgan moved to New Orleans to work for Phelps Dunbar, where she became a partner in 2009. Morgan, too, has remained a strong supporter of the Law Center since her graduation. She has been a member of the Law Center Board of Trustees since 2004, is a member of the Chancellor’s Council, and was an integral part of the Law Center’s “Forever LSU” campaign. Soniat said that she has a reputation as a woman of integrity, and she cares deeply about the Law Center.
you send in will probably get some coverage. For example, 75 percent of the suggestions I got this month were about fashion (and, yes, we have that covered), but 80 percent of those suggestions came solely from Molly Ann Lawrence. My point is: if you suggest a topic, it is incredibly likely that we will cover the issue. Another thing I want to focus on this month is increasing visibility for student organizations and opportunities for involvement. We have articles, photos and calendar information for events held by OUTLaw, PILS, the Environmental Law Society and CASA. One function of The Civilian is to increase campus and community involvement by increasing the visibility of those opportunities, so I encourage you to let us know about those, as well. Finally, this issue includes the ever-popular scheduling appendix. We have tried to include reviews of as many professors and classes as possible from the submissions we received. We have also tried to include, when possible, information on the type of exam or paper typically offered and information on whether the professor usually allows the use of laptops in class. I personally think the information on laptop usage is a fact that should be highlighted on official scheduling documents, but since it does not, we’ll try to do our best to let you know in our reviews. I hope this helps, and I hope you all will continue to contribute reviews to this section in the future.
“The nominations of both Judge Triche-Milazzo and Morgan are terrific,” Soniat said. “It really shows the leadership being fostered here and the quality of education offered at the Law Center.” Chancellor Jack M. Weiss was also very pleased to hear of the two nominations. “We’re very proud of these outstanding LSU Law alumnae and look forward to their distinguished service on the federal bench,” Weiss said. “Both women are shining examples of the leadership roles for which we aim to prepare our graduates. I hope that their careers will inspire our current students and more recent alums to follow in their footsteps.” Both are awaiting approval of their nomination by the Senate.
L S U PAU L M . H E B E RT L AW C E N T E R
SBA State of Affairs
Let me begin by saying thank you to all those who came to the SBA Town Hall Forum. It was great to hear concerns directly from the student body. If you were unable to make it, you can always email me at email@example.com or speak to any of your SBA representatives. We are here for you, and your positive feedback and appreciation is what makes our position truly special. Also, a very special thank you to the 3L Class Officers for a wonderful Hats n’ Canes celebration! We truly enjoyed the weekend you planned for us. Although having an 11:21 a.m. kickoff time was less than ideal, it was interesting to begin tailgating before the sun came up. Kaamil Khan Phi Alpha Delta’s Bus Trip will be Wednesday, Oct. 12. For all 1Ls who SBA President started to freak out because it’s a school night, relax, it’s also Fall Break so you have a four-day weekend. Some may think this will be a great time to begin outlining and you’re right, but if you have four days off, you really can spare a night just for yourself. This year’s theme is Destination Unknown and only three people on the entire campus know the bus’ final location. It’s an amazing time; although, I will always be trying to repress the memory of what Elliot Duhon did to that stripper pole on last year’s bus for the rest of my life. Our beloved Bayou Bengals will be pummeling Florida on Saturday, Oct. 8, and Auburn in the Tiger Bowl on Saturday, Oct. 22. The LSU Law Tailgate will of course be in full force. With all sorts of delicious gumbo and burgers as well as plenty of frosty beverages, you’ll be back at halftime because Coach put Jordan Jefferson in as QB. Students who are not members may purchase single-game passes. For price information, email firstname.lastname@example.org. Fellow students, please always make sure that the beer is full for whoever gets stuck behind the grill that week. It’s the least we can do for the Tailgate Leadership Council’s great service. Also, more of you need to start dancing. Executive Order! Get out the short-shorts: it’s time for the Mango’s Beach Volleyball Classic! The SBA Athletics Committee has organized a great volleyball tournament for us on Friday, Oct. 7. The single ladies especially do not want to miss it because George Napier plays without a shirt. You’ll find the registration form in my Weekly Email, but for more information email email@example.com. All the foodies get ready for Belly up to the Bar held Friday, Oct. 21. This is the Baton Rouge Bar Association’s annual food cook-off. In addition to being a great networking event, it’s also an all-you-can-eat-and-drink extravaganza. Many of our clubs will be sponsoring a cooking team such as L.A.W.’s Dessert Team and BLSA, who won Best Sauce at last year’s event. Good luck to Cochon de Law as they return to defend their title as Best Law School Team! For all you intellectuals or if you just like free pizza, the student organizations have organized another spectacular slate of speakers for you. • Oct. 3: America Constitution Society (ACS) discussion on Foreign Internet- Based Companies and IPJ • Oct. 6: ACS’s discussion on Anti-Trust Law • Oct. 10: Intellectual Property Law Association (IPLA) will host Elizabeth Townsend for a discussion on the Supreme Court case, Golan v. Holder, which covers the issues of copyright restoration and duration. • Oct. 10: Tax Club’s LLM Panel with various practitioners and professors • Oct. 11: Bennett Prosecutorial Society and LACDL Forum with Chief District Attorney Hillar Moore and Chief Public Defender Mike Mitchell • Oct. 20: Energy Law Society will host J. Lanier Yeates, incoming director of the Louisiana Mineral Law Institute and former Chairman and Trustee of the LSU Foundation • Oct. 27: ACS discussion on Human Trafficking and Corporate Accountability: A South African Perspective • Oct. 27: IPLA will co-sponsor a symposium on “Intellectual Property Issues in the Louisiana Motion Picture Industry” at Celtic Media Centre. • Oct. 31: Environmental Law Society and ACS will host a speaker from the Corps of Engineers to discuss the Clean Water Act. Finally, thank you, Civilian, for spelling my name correctly in this issue and allowing me to turn in this sloppy article after the content deadline. You’re alright!
The Civilian Staff Editorial Board
Editor-in-Chief: Will Harris Managing Editor: Joseph Cefalu Associate Managing Editors: Jessica Allain & Lisa Martinez Chief Copy Editor: Natalie Messina
Megan Bice Anna Brown Melissa Buza Zach Capra Morgan Hargrove Brad Kelley Casey Neale Lauren Ross Jess Smith Ross Tuminello
Will Carter Jade Forouzanfar Brithney Gardner Sarena Gaylor Dr. Love RJ Marse Chanell McGaughy Carlos Posas William Priestley
Field Reporter Linda Matta
Hayne Beatrous Josh Doguet Kristen Rowlett
Sarah Aycock Timothy Brinks Brent Cobb Sasha Dittmer Kristen Guidry Ashley Schexnayder
Disclaimer: Views expressed in The Civilian, a designated public forum for student expression, do not necessarily reflect those of the editors, the LSU Law Center or its student body. If you are interested in contributing to a topic or wish to provide us with corrections, please email TheCivilianLSU@gmail.com or speak to a member of the editorial staff. http://sites.law.lsu.edu/Civilian
THE CIVILIAN • October 2011
Elections take center stage, PMH alumnus runs for insurance commissioner
I. National Politics The national political scene is dominated by our country’s recurring financial troubles and the upcoming campaign season. In late September, there was renewed talk of a government Bradford Kelley shutdown after disagreeStaff Writer ment involving disaster aid. A last minute agreement, however, averted a shutdown as congressional leaders finally agreed on FEMA funding. In addition, President Barack Obama recently announced a $447 billion jobs plan that aims to cut payroll taxes and increase infrastructure projects. This plan has been met with a great deal of criticism by conservative Republicans who argue that the plan is just another failed stimulus attempt. The bad economy sets the backdrop for the 2012 election cycle and Obama is certainly vulnerable. The recent Republican victory in a special election in a New York City congressional race acutely demonstrates Obama’s vulnerability; the district had been in Democratic control since 1923 and Democrats outnumber Republicans in the district three to one. Obama’s approval rating is anywhere between 39 and 45 percent. Perhaps a more instructive number, however, is his disapproval rating which averages at a staggering 51 percent. Voter turnout in the 2012 elections will be a decisive factor, and the anti-Obama sentiment seems more fired-up than his supporters.
Obama supporters can find comfort, however, in a seemingly weak and fluid Republican primary. The current field of viable candidates includes Texas Gov. Rick Perry, former Massachusetts Gov. Mitt Romney, Texas Rep. Ron Paul, businessman Herman Cain and Minnesota Rep. Michele Bachmann. Perry’s entry in August shook up the race, but his quick rise to the top of the polls has taken a hit due to his lackluster debate performances and liberal stances on immigration. These weaknesses have allowed Romney to gain on Perry in recent polls, which will likely continue. Although it is late in the election season, it is entirely possible, albeit doubtful, that new candidates may join the race, most notably New Jersey Gov. Chris Christie or Sarah Palin. II. State Politics The Louisiana campaign season this year is largely uneventful as barely any races are competitive. Republican Gov. Bobby Jindal is on track to win re-election easily this November as no major Democrat has announced a run against the well-funded incumbent. Jindal made national headlines in September when he announced his support for Perry’s presidential run. Jindal likely made this endorsement to fuel speculation that he would be on Perry’s vice presidential short list. The stronger possibility is that Jindal made the endorsement in the hopes to be named to a cabinet-level position in a possible Perry administration, most likely Secretary of Health and Human Services. There is a heated race for the Republican nomination for lieutenant governor between incumbent Jay Dardenne and Plaquemines
Parish President Billy Nungesser. The result of this election will determine the next lieutenant governor since no Democrat has entered the race. The Secretary of State election also features a fight for the Republican nomination between incumbent Tom Schedler (who took over the position after Dardenne won the lieutenant governor race last year) and House Speaker Jim Tucker. Again, no Democrat has entered the race, thus proving that the Democratic Party in Louisiana has become increasingly irrelevant in recent years. This theory is supported by the fact that Attorney General Buddy Caldwell and Treasurer John Kennedy, both incumbent Republicans who switched party affiliations in recent years, are running unopposed. Furthermore, the only Democrat holding state-wide office is U.S. Sen. Mary Landrieu. “This election cycle will prove that Louisiana is still a two-party state,” said John Maginnis, Louisiana political guru. “There’s the Republican Party and the Tea Party.” LSU Law alumnus Donald Hodge recently announced that he is running for Insurance Commissioner. “The legal analysis I learned at LSU Law prepared me a great deal for how to research what other states are doing in the area of insurance so as to take positions on how we should change things in Louisiana,” Hodge said. Interestingly, one of Hodge’s campaign platforms is to abolish the position for which he is running in order to make it an appointed position. It is highly unlikely that Hodge stands even a remote chance against well-funded Republican incumbent Jim Donelon.
On Thursday, Sept. 15, students in Prof. Paul R. Baier’s Advanced Appellate Advocacy Seminar were treated to an extraordinary experience. Baier, along with co-teacher Kyle Duncan, the Appellate Chief for the State of Louisiana, enhanced the classroom experience with special guest lawyers. Legendary Louisiana attorney and LSU Law graduate Joe Waitz sat with students at the AAA table to discuss Downer v. Siegel, a case he submitted for a writ of certiorari to the Supreme Court of the United States. His passion for the law, and that case, were most evident as he spoke about how lawyers are never to quit when faced with injustice. His message, though simple, reminds us all of the high calling we are charged with as advocates. Contributed by Stephen Magyar 4
L S U PAU L M . H E B E RT L AW C E N T E R
CASA offers meaningful, needed volunteer opportunities In 1977, a Seattle juvenile court judge was with one child or a small sibling group depending on their current concerned that he was making life-changing placement and the volunteer’s comfort level. The time commitment is 10 to 15 hours monthly, and the initial decisions without knowing all of the background facts of the case. He decided that there should be phase is focused on understanding why the child came into care. A people outside of the case who volunteered to get volunteer must make court appearances twice a year, and must fill out that information. So began the Court Appointed monthly reports and court reports. There are also family team conferences where the volunteers sit with the foster care worker, the child’s Special Advocates (CASA) movement. Today, there are 955 programs nationwide attorney, the biological parents and the foster caretaker and review a Lauren Ross that prepare and support volunteers who speak case plan that details what changes need to be made before the child Staff Writer on behalf of abused and neglected children, can be reunited with their parent. Every volunteer has an advocate supervisor who can stand in if there is a need. representing their best interests. Being a CASA advocate for children in the court system would be The East Baton Rouge Parish CASA program is looking for volunteers to help the children that come into care. I began training to a good fit for any law student because most of the time spent includes become a CASA volunteer in September. Becoming a volunteer involves determining what’s best for the child and letting the judge and lawyers attending a 45-minute orientation and filling out an application. Once know. It provides valuable experience working within the court system the initial paperwork is processed, there is an interview, training and a and working with the parties that are privy to a case. If your schedule final post-interview. It is during the post-interview that volunteers say allows it, this is a wonderful program to be a part of. It is a rewarding what age group they are most comfortable working with. The ages of experience for both the volunteer and the child. For interested students, the children range from infancy to 18 years. Each volunteer is matched the next training session is in January. “Mark worked his case for 10 years because he felt compelled to stay with Lloyd from the time that he was in foster care until he aged out of care. Lloyd came into care because his mother was severely mentally ill, and Mark really worked with Lloyd on trying to help the mother take better care of her children so that Lloyd could go home. Mark worked with the mother, teaching her things like how her food stamps would be better used at Wal-Mart than little side stores. He encouraged Lloyd to try for the job corps where he could learn a trade, and Mark also worked with Lloyd’s older brother until he aged out of care; both boys went back to their mother after they turned 18. This is typical of most of the children who have been released from the foster care system because they don’t have anywhere else to turn, so they go back to what they know.” -Courtney Thompson, CASA recruitment coordinator
Constitution Day 2011 On Saturday, Sept. 17, an SBA-sponsored bus trip took students from the LSU Law Center and Southern University Law Center to Thibodaux, La., to visit the historic home of Chief Justice Edward Douglass White. The students also attended a performance of Father Chief Justice, a play about White’s life and career written by Paul R. Baier, George M. Armstrong, Jr., Professor of Law. Photos by Will Harris
THE CIVILIAN • October 2011
L aw & O rder
Fashion Victim’s Unit
IL Swag...or Lack Thereof wearing is a nice pair of khaki pants or shorts. “Nice” means no cargo pockets.
Are you a 1L? Do you wear running shorts to class more than once a week? Does the thought of tossing out old fraternity or sorority shirts make your soul die? If you answered “yes” to two or more of these questions, do you realize you’re in professional school? I know how difficult the transition from undergraduate to professional school can be, but we’re talking about clothes, people. At some point in your life, you’ll need to look like a respectable grownup; today seems like Sarena Gaylor a good day for me. Mom jeans aren’t required, but leave Columnist the Fred’s gear for the weekend. Seriously, I don’t want to see your butt while I enjoy my morning escalator ride, and maybe you didn’t get the memo, but it’s 45 degrees in this school. Let’s class-up this joint. Sorry ladies, but the dreaded walk of shame is no longer an excuse for a fashion faux pas; if I can make it to an 8 a.m. with Cheney Joe looking so fresh and so clean, you can too. Girls, your go-to piece is the cardigan. It’s sophisticated, comes in every color imaginable and keeps you warm all at the same time. Amazing, right? The best feature of the cardigan, however, is that you can wear it with everything. It dresses up a t-shirt and jeans and tones down that scandalous “sundress.” While it seems fool proof, I know someone can and will ruin it for everyone else, so as a warning, stay away from patterns. I would really hate for someone to look like an actual zebra roaming around PMH. Keep a solid cardigan in the car along with a hair tie and gum, and you’ll be good to go. Guys, let’s get real. Basketball shorts look heinous on basketball players, so why do you think they’re going to look good on you? What you ought to be
Granted, I know law students need a ton of highlighters and pens, but your shorts are not the place to store them. Also, the short-shorts problem doesn’t pertain strictly to girls; last time I checked, a hairy, pale mid-thigh was not the hottest part of a guy’s body. (See Michael Steven Heier or my locker for a visual.) Like the cardigan, khaki shorts and pants can be paired with anything from a t-shirt to a [ironed] button down. This takes you from class straight to the bar. If you think khakis make you look like an old man, look for styles that aren’t pleated or cuffed. If you’re worried about looking too frat-tastic, try wearing a shirt that doesn’t have Greek letters or isn’t pastel pink. For the fashion “gunners” of the 1L class, I’ve noticed an increase in the number of heels lately. If you’re not coming from an externship/job or heading to an interview, leave the stilettos at home. The occasional wedge is acceptable but keep it at a reasonable height. Moral of the rant: looking nice is one thing, showing up to class overly dressed is just obnoxious. Speaking of being obnoxious, what is the obsession with running shorts on this campus? Workout clothes belong in the gym, not in public. If you’re actually going to or coming from the gym during the school day, kudos to you; I struggle walking to my car, so you deserve to wear those shorts. For everyone else, beware: I may actually hit you with said car to knock some sense into you. Those shorts look sloppy and don’t do a thing for your figure. On top of that, no one will believe you’re old enough to be in law school. This can be a problem when you’re fighting the U-High moms in the law school parking lot. So, boys and girls, I hope to see less ass and more sass. Prove the upperclassmen wrong and work the hall like it’s a runway; I’ll totally give you a high-five for fabulousness.
New associate director of admissions to travel, promote Law Center
Beth Loup, former associate director of Admissions, retired this year after more than 30 years at the Law Center. Though the PMH community will miss Loup dearly, the Law Center has a Megan Bice new associate director Staff Writer that is just as warm and kind. Jenifer Finney replaced Loup in the Admissions Office just in time for recruiting season. To form the class of 2015, Finney is traveling to universities across the country to recruit students and promote the Law Center. Jake T. Henry III, director of Admissions, and Daphne James, assistant director of Admissions, will also be making similar trips. The trio tries to coordinate their travel so that at least one
of them is in the office at all times. “The Law Center is an easy sell because it has such a good reputation and impressive faculty,” Finney said. She said that getting questions from prospective students has helped her learn a lot about the Law Center in a short amount of time. Finney is a native of Bluefield, W. Va., and attended West Virginia University for both college and law school. During college, Finney worked for the university’s admissions office, which inspired her to pursue her current career. After graduating from law school, she served as the director of Admissions for the University of Idaho College of Law for two years. She later seized the opportunity to move to Baton Rouge and work with the Law Center. This is not Finney’s first go-round in Baton Rouge, however, and she is no
stranger to LSU pride. She fondly remembers “purple and gold Fridays” during her summer clerkship at Jones Walker law firm in Baton Rouge during law school. She cheered on her alma mater this past month when they played LSU in Morgantown, W. Va. Though she will always be loyal to her alma mater, maybe we can get her to root on the Tigers, too. Although Finney has changed locations quite a bit throughout the past few years, one thing has remained constant in her life: her cat, Bailey. They have moved everywhere together. With the busyness of traveling and recruiting, she said that it is always nice to come home to an old friend. There is no doubt Finney will help to bring another outstanding class to the Law Center next year. If you have not met Finney yet, go introduce yourself—she loves meeting new people.
L S U PAU L M . H E B E RT L AW C E N T E R
Life Outside of PMH
because keeping up with life inside is hard enough... Google continues its world domination with the introduction of Google Wallet software. The basic goal is to replace credit cards and cash. The New York Times reported that the software, which requires the use of near field communication (NFC) , is available only on Sprint’s Google Nexus S cell phone. The technology is compatible with any credit card machine that takes Citibank MasterCard. About 150,000 companies have currently installed the NFC technology and are accepting Google Wallet as a form of payment. These stores include CVS, RadioShack, Sports Authority and Footlocker. Google expects Jade Forouzanfar Subway, Macy’s, Walgreens and Bloomingdale’s to Columnist begin using Google Wallet in the coming weeks. So, Google Wallet is basically meant to function as though it were a copy of your credit card? Great. I can kill two birds with one stone. Now, I can lose my phone and credit cards all at once! In other Google news, Tulane Law got more than they bargained for when rumors about 1L, Bruce Reilly, led them to run a particular query: “Bruce Reilly murderer.” As you can imagine, they were not too pleased with the search results. On Sept.14, “Above the Law,” a news and commentary blog focusing on legal issues, broke the story of Reilly’s second degree murder conviction and subsequent prison stint. The blog reported that in 1993, Reilly, then 20, was picked up while hitchhiking by Charles Russell, 58. The pair got into an argument at Russell’s home during which Reilly allegedly beat and stabbed Russell to death and stole his car and wallet. Reilly plead no contest and served 12 years in prison. How do you suppose students reacted to the news? If you guessed that they calmly expressed concerns about their safety or Reilly’s rehabilitation efforts, you’d be wrong. Students were outraged because Reilly is occupying a spot that could have gone to someone with a better shot at NCBE board approval. We will now observe a moment of silence for the 2Ls freaking out about their NCBE applications. Have fun trying to find the number of the apartment you lived in for two months six years ago! Tulane
added insult to injury when they awarded Reilly a scholarship. I mean, one less competitor in the job market is a good thing, but I can see why students would be angry when funding was provided to a convicted felon. At least I have a positive development to report in world news. Women in Saudi Arabia have finally been given the right to vote! Praise Allah! (i.e. “Praise God” for those of you who couldn’t appreciate the reference). Well, technically, they have been given the right to participate in municipal elections. In Saudi Arabia, these consist of public polls used to elect local councils. Only half of a council is elected with the remaining half being appointed by the government and the councils themselves exercise very little power. I know it doesn’t sound like much, but it’s a start considering this year’s elections are the second of their kind to take place in Saudi Arabia. King Abdullah officially announced his decision during the opening session of the Shura Council, whose members serve as advisors to the King. He further announced his intent to permit the appointment of women to the Council, which is the most influential body in Saudi Arabia. The King has reportedly been pressing for reform, but has had to do so slowly because of Saudi Arabia’s stringent adherence to Sunni Islamic law. In random news, there was a show on TLC called “My Big Fat Gypsy Wedding” that fascinated me for about two hours once. The program showcases a group known as Irish Travelers. Travelers live in large communities and tend to associate only with each other. Currently, one of these communities is facing eviction from the former scrap yard they have called home for the past 10 years. Approximately 400 Travelers make up the 86 families that live on Dale Farm in Basildon, England, located about 15 miles east of London. The Travelers bought the land 10 years ago, and the Basildon Town Counsel has been trying to evict them ever since. The Counsel almost got their chance in mid-September, but was delayed when a high court judge agreed to hear the case. In Britain, Travelers are given the legal right to pursue their seminomadic lifestyles, but they often end up being denied the requisite zoning applications. The Travelers face potential eviction because half of their land is zoned “greenbelt” making it protected from development.
2011 Distinguished Alumni Award
The Honorable Helen “Ginger” Berrigan and Oliver “Rick” Richard III were presented with the LSU Law Center’s Distinguished Alumni of the Year award by Chancellor Jack M. Weiss at the LSU Union on Sept. 23. The award is given annually to an alumnus or alumna who exemplifies the highest quality and ethical standards of the legal profession. It also recognizes personal and professional achievements, as well as loyalty to the Law Center. For the first time in the 25-year history of selecting a distinguished alumnus or alumna, the Law Center selected two distinguished alumni, rather than one. “This is the first time we have had two honorees, and I am delighted to claim Rick and Ginger as our own,” Chan. Weiss said. “It’s a great pair, and they bring honor to our school as the latest in a long line of distinguished alumni to receive this award. Both have distinguished themselves in their diverse professional careers—Rick as a business leader in the energy field and Ginger as a highly respected member of the federal judiciary. Rick and Ginger know that legal education isn’t just about learning rules. . . it has to do with a much broader preparation for service to the community in many different ways. We couldn’t have picked two better people for this award.” from Staff Reports
THE CIVILIAN • October 2011 Tulane cont. from page 1 school peers—he was more than just another 1L in the class. A first-year Tulane Law School student, who agreed to speak to The Civilian on the condition of anonymity, said that everyone knew who Reilly was after AboveTheLaw.com published an article about him. “He is in two of my classes,” the first-year student said. “He is very soft-spoken, and you wouldn’t notice him if you didn’t know to look for him.” The student said that news of Reilly’s past triggered controversy about whether the Tulane Admissions Department made the right decision in admitting Reilly. “I could never exactly tell if it was more that people were scared, or if they were mad that he was admitted, and they didn’t want to be competing with him,” the first-year student said. “I got a sense it was more of anger than genuine fear.” Tulane University Law School Dean David Meyer gave the following statement about the school’s decision: “We evaluate each law school applicant as an individual, taking into account all available information bearing on their character, life story and academic qualifications. Our admission process also allows for exceptional circumstances if the prospective student’s experience and background will contribute to his and his peers study and appreciation of various aspects of the law.” Would PMH Admit a Convicted Murderer? Jake T. Henry III, director of Admissions for the Law Center, said no one factor acts as an automatic disqualifier for LSU Law admission. Henry said that it would be unfair for him to say that the LSU Law Admissions Committee would admit or deny an applicant based on a criminal conviction. The committee, which is made up of Henry and five professors, does a complete review of every applicant’s file. A student is accepted if they receive a majority vote from the committee. While some schools evaluate based primarily on an applicant’s education and testing scores, the Law Center does not. “We take everything in the file into consideration when evaluating whether the person should be admitted,” Henry said. “If it’s included in the file, it will be considered. Naturally, if a student has been convicted of murder that would raise an obvious flag.” Henry said that the Admissions Committee would take into consideration any rehabilitation that the applicant undertook. N. Gregory Smith, Professional Ethics Professor of Law and member of the LSU Law Admissions Committee, said that the committee,
when evaluating a candidate with a record of criminal misconduct, considers the seriousness of the offense, when the offense occurred, the presence of rehabilitation and other factors. He said that if the committee feels like the candidate’s explanation for a particular offense is inadequate, the committee will ask for more information. The committee may deny admission, even if the applicant has good scores. Smith said that he would be pretty hard pressed to say yes to admission of a person with a murder conviction. “To some extent, the admission of one student precludes the admission of another student,” Smith said. “That could be a concern for the law school community.” Jenifer Finney, associate director of LSU Law Admissions, does not have a vote on the Admissions Committee, but she participates in committee meetings and provides statistical information. “When you are in admissions, you are doing more than simply enrolling students who want to become attorneys,” Finney said. “You are engaging in active community building. Even if a person has rehabilitated him or herself, it still may have the effect of making other students feel uneasy.” Finney said she would be concerned about how such an admission would play into the community building aspect. She said law school admissions committees tend to think about it a step further than just law school. “If this person does become licensed, do you want to put them in that client situation?” she said. When asked if LSU Law would admit an applicant with a murder conviction on their record, Chancellor Jack M. Weiss released the following statement: “At LSU Law, a faculty committee makes admissions decisions based on review of an applicant’s overall record, experience and potential contribution to his or her class. Although this case is certainly unusual, and I can see why it may be controversial, I don’t know the full story and in any event would not want either to second guess Tulane’s admission process or to speculate about how our own committee would handle a hypothetical case.” While the case may indeed be “unusual,” Henry said that he has spoken to a man with a homicide conviction who considered applying to law school. Henry also met with a man in prison who thought about applying to law school once his sentence ended. To Henry’s knowledge, neither man ever applied to law school.
Henry informed the men that it was in their best interest to contact the state bar they were interested in applying to in order to learn about any possible challenges. Applying to the Bar as a Convicted Murderer To practice law, a law school graduate must be admitted to a state bar. Each state bar has its own character, fitness and other qualifications for admission. Henry said that all students and potential students should research the requirements of the state or states in which they want to practice. For admission to the Louisiana bar, the applicant “bears the burden of proving his or her good moral character and fitness to practice law by clear and convincing evidence,” according to the Louisiana Supreme Court Committee on Bar Admissions. Smith said that there have been some cases where law school graduates with a murder record have applied for bar admission. One such case is In re Hamm, where the Arizona Supreme Court in 2005 denied Hamm, who had committed murder many years earlier, admission to the Arizona bar. The Court discussed how it can be virtually impossible to show rehabilitation “in the case of extremely damning past conduct.” Smith said that evidence of rehabilitation and the passage of time are very important to character and fitness committee members. If there is not enough evidence of rehabilitation, Smith said that the committee may decline to certify a candidate for admission to the bar. Smith referenced In re Hinson-Lyles, a 2003 Louisiana Supreme Court decision involving denial of bar admission to an applicant who had been convicted of a felony sexual offense before she had gone to law school. The applicant had been a high school teacher, and she had undertaken a sexual relationship with one of her students. She was not admitted to the practice of law. “The interesting thing, for this purpose, is that that some of the justices had quite different views about whether the applicant should have been admitted,” Smith said. “One justice, for example, thought that the applicant had been rehabilitated, and that she should have been conditionally admitted to practice. Another thought that she should never be admitted. Another thought that the Court’s approach to character and fitness decisions was in need of an upgrade.” Smith said that one conclusion that might be drawn from the split is that reasonable people can disagree about how to handle character and fitness decisions.
L S U PAU L M . H E B E RT L AW C E N T E R
OUTLaw offers activity-packed semester for LGBT students, allies One of the Law Center’s newest student organizations is the Lesbian, Gay, Bisexual, and/ or Transgender (LGBT) group, known as OUTLaw. OUTlaw seeks not only to achieve equality in the legal LGBT community, but also advocates for equality Melissa Buza in conjunction with a wide Staff Writer array of minority groups and interests. One example of OUTLaw’s involvement beyond the LGBT community includes the event they will host with the Office of Multicultural Affairs and The American Constitution Society on Oct. 24. Together, the three organizations will welcome Judge Victoria Kolakowski to the Law Center. Judge Kolakowski, who serves in the Alameda County Superior Court in Oakland, Ca., is widely renowned as being the first openly transgender trial judge elected to serve in the United States. As a graduate of the Law Center, her experience as a transgender student was extremely difficult. She has a compelling story to tell about her openness and honesty regarding her gender identity, including the fact that she was forced to use the chancellor’s own private bathroom while at the Law Center. In partnering with organizations such as the Office of Multicultural Affairs and the American Constitution Society, OUTLaw has cemented
their commitment to appealing to those students who call themselves “allies.” Allies are individuals who support LGBT issues but do not fall under the categories of gay, lesbian, bisexual or transgender. Allies serve an extremely important function to OUTLaw because their participation helps to turn the tide of society. In a world that has historically perceived heterosexual members of LGBT organizations as “gay by association,” allies enable those who have not experienced LGBT stigmatization or discrimination personally to join in the fight for equality. More than half of the members of OUTLaw are allies, including the organization’s vice president of support and programming. Recently, OUTLaw hosted a margarita mixer at Mestizo Mexican Restaurant, at which an overwhelming number of attendees were allies supporting their LGBT colleagues. OUTLaw’s mission is far more complex than any other organization that seeks to gather individuals with specific interests. OUTLaw aims to provide a comfortable environment and an open forum for individuals to discuss issues that are important to them because LGBT issues spread across many different interest groups. Participation in OUTlaw is not about your mindset or who you are. It is about what you want to do. This organization is making serious strides by hosting major events that have drawn local media despite being a relatively new organization. If you’re interested in learning more about OUTlaw or would like to join the fight for equality, their general meeting will be held Oct. 5 at 12:40 p.m. in room 110.
If These Halls Could Talk...
In writing this edition of “PMH Says the Darndest Things,” I began to realize something… you guys are bananas (myself included). I don’t know about you, but when I first came to the Law Center, I expected everyone to be uptight and all about their studies. WRONG. Around PMH, I’ve overheard people mention everything from class assignments to money to nearly being arrested for public intoxication at 11 p.m. thanks to the latest Chanell McGaughy GIF. Last week, I heard a girl say she was so broke Columnist she had to drink water. She was serious. Really, dude? After another month of hearing you intelligent people talk, I’ve noticed that there are things some people really need to let go. One day while sitting in the lounge during the lunch rush, everyone was discussing their upcoming birthday plans. A fellow colleague blurted out, “I remember when I was 27.” When I looked at him, I thought I saw a glow in his eye. When I looked closer, I noticed he was tearing up. He’s a 3L. Now,
I love my “older” people, (yes, I consider people older than 30 to be old) and we are all aware of the vast age range at PMH, but if I’m discussing my plans for my 23rd birthday extravaganza, I do not want to hear your depressing stories about how life is so much harder when you get older or your rendition of the “good ole days.” I love y’all, but I have to say it. Let it go! You are officially in your last days, so don’t go ruining the last of my youth with your sob stories. Ok, ok, I’m just kidding. You’re not in your last days, just close to them; enjoy what’s left of your life. This brings me to my next point. This is law school, we are all adults, and your momma ain’t here! I’m talking to everyone from the 21-year-olds who are still “wet behind the ears” to the 40-year-old momma’s boys. So, next time you’re walking to your next class or having some down time chatting with friends and you feel the urge to revert to your habits of days gone by, remember: this is a new chapter of your life. You may no longer be a young whippersnapper or have your family catering to your every need, but this is nothing to be sad about. Embrace your newfound independence and leave the things of the past in the past. In the words of Dr. Seuss, “Don’t cry because it’s over; smile because it happened.”
THE CIVILIAN • October 2011
Louisiana Saturday Night As the final seconds of the Kentucky game on Oct. 1 wound down, the main storyline was not how the LSU football team had beaten an SEC opponent by four touchdowns courtesy of yet another stifling defensive performance. It was not about how the Tigers had not only just survived a tough September gauntlet of a schedule that included three ranked teams on the road, but thrashed it. It was not even about how this year’s version of the Tigers have impressed people across the country enough to be on the short list of Will Carter BCS National Championship contenders. No, the storyline was quite simple, yet extremely Sports Writer complex: the return of Jordan Jefferson. During the first month of the season, LSU blew out media darling Oregon and made quick work of in-state FCS foe Northwestern State. LSU then went on the road to Starkville, Miss., and grinded out a workman-like 19-6 win. In their last game of September, LSU used a solid offensive performance to overcome their worst defensive outing of the season to blow out a solid West Virginia team. Over the course of these games, the LSU defense emerged as one of the best in the country. Sophomore Tyrann Mathieu established himself as one the best playmakers in the country, and senior quarterback Jarrett Lee steadied a passing game that was one of the worst in the country last year. All of those storylines, however, quickly fell by the wayside. On Wednesday, Sept. 28, the Grand Jury found no true bill of information regarding the charges of reserve linebacker Josh Johns and found a true bill of information for simple battery for Jefferson, a misdemeanor. Jefferson had been arrested on charges of second degree battery, a felony, so this reduction in charges was huge for him. LSU Coach Les Miles immediately reinstated him and Johns to the team. Both fans and media had mixed reactions as to what kind of role
Jefferson should play on the team. Given the success of the offense in the first month of the season, many people feel that he should be the backup quarterback and come in only in the event of a Jarrett Lee injury (knock on wood) or an LSU blowout. The other thought is to use Jefferson as a “change of pace” quarterback to come in for his running ability in certain situations. As it turns out, Coach Miles opted for a mix of those two plans against Kentucky. On LSU’s first scoring drive, after Lee drove the Tigers down the field, Miles sent in Jefferson on fourth and one to run a quarterback sneak. Appearing to a chorus of polite applause and a smattering of boos, Jefferson calmly took the snap and dove into the end zone for LSU’s first touchdown. Jefferson did not reappear until the game was in hand and he came in as the backup quarterback. Coach Miles took the right approach with Jefferson. On the fourth down play, he put in the player who he thought gave them the best chance to get a yard and get the score. Using Jefferson in situations like that gives the best chance to maximize Jefferson’s potential as a playmaker for the Tigers. LSU has found something with the smashmouth, play-action approach with Lee as the quarterback and does not need to mess with that style. However, Jefferson can provide a spark with his legs when needed. If nothing else, it does not take a genius to know that in the violent Southeastern Conference, it never hurts to have experienced upperclassmen waiting on the sidelines just in case. One thing is for certain: LSU is a better team with Jefferson on the roster. By all accounts, his teammates love him, and it never hurts to have experience and depth at the most important position on the field. Even with the difficult schedule the Tigers played in September, it will only get harder as they dive into conference play this month. Look for the Tigers to remain undefeated this month en route to the Nov. 5 showdown against Alabama.
It’s not that he’s hurt, he’s just not into you Dear Dr. Love,
I have been seeing this guy for more than six months, and I need to know how to make him more serious about me. He has been really hurt before so he’s scared to commit. HELP! Sincerely, Hopeless
Dear Hopeless, Listen, guys aren’t like girls. They aren’t mysterious or emotional. Your guy isn’t refusing to commit because he’s “scared of getting hurt.” He just isn’t ready to settle yet . . . for you. No matter what a guy tells you: “I love you,” “you’re not like other girls,” “I can’t imagine being without you,” “I just need time”—whatever—he’s just saying these
things to go where I’m sure plenty of guys have gone before. Did you really fall for the “I was screwed over, and now I’m scared” line? Seriously? You’re better than that. If I have any advice for guys this month it would be to do what this guy did. Always, always, always tell a girl when you first meet her that you have been hurt before. Preferably when you’re drunk because all girls have been suckered into believing that a guy’s true feelings come out when he’s drunk. Girls will automatically use the “he’s been hurt” excuse to rationalize your d-bag behavior. Better yet, she will probably tell her friends. The only thing better than making excuses for your bad behavior is getting her friends to do it for you. To you, idiot female, stop making this rookie mistake. “Oh, he didn’t call for five days after we hung out and then ignored me in the bar.” “We had a really great time, so he’s probably scared of
his feelings.” Yeah, honey, he’s scared—so scared that he can’t muster up the courage to call you again until 3 a.m. the following Friday. Sure, your guy is different. He’s sensitive. He “respects you and your boundaries.” Uh huh, yeah. Well, that could be true. But then again, guys in Bogie’s could be disease-free. He wants action, babe, and he knows he can’t get any girl better than you. No guy is stupid enough to walk away from this set-up. So it’s in his best interest—or in his better appendage’s best interest—to play nice to the girls he can get, girls with low self-esteem like you. This relationship isn’t complicated; you’re making it complicated so you don’t have to face reality. Every man will commit; this one just doesn’t want to commit to you. Now, don’t go into a corner and cry. This doesn’t mean you suck as a person; it just means he thinks you do. Don’t take it personally . . . just take a hike.
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Andrew Bivona AGE: 26 HOMETOWN: Shreveport UNDERGRAD: Professional Aeronautics (EmbryRiddle Aeronautical University)
15 Minutes If you were to be remembered for 1 thing, what would it be? My smile.
I would rather [blank] instead of law school. Stumble upon a duffle bag of diamonds.
Your most interesting job? Acting as the government’s slave for 6 years.
If you could be invisible for a day, what would you do? Ride an elevator all day and press all of the buttons every time someone got in it.
Your house is burning down. Besides people and pets, what is the first thing you grab as you escape? My wallet so I don’t have to wait in line at the DMV again.
Your favorite word? “…it’s the bee’s knee’s.”
In your humble opinion, which LSU Law professor has the most swagger? Professor Diamond’s swagger is too legit to quit!
How would you spend your ideal day? Drinking Scotch while watching old movies as Ina Garten cooks. What 1 person would you want with you? Natalie Portman. If you could be another person for a day, who would it be and why? John Travolta; I want to fly his planes and spend money like it’s water. Law School is...just a way to fill my time between the GIFS and tailgates from weekend to weekend. Your most interesting job? Legally, I can’t talk about it. How would you spend your ideal day? Drinking piña coladas and getting caught in the rain.
Catherine Cocciara AGE: 23 HOMETOWN: Scottsdale, AZ (don’t let anyone tell you differently) UNDERGRAD: The University of Arizona
What 3 things would you bring with you if you were deserted on an island? Tanning Lotion, a fully charged ipod, and a stack of magazines/books. If you could be another person for a day, who would it be and why? Joshua McDiarmid. Did yall know he CALI’d CivPro?!
Law School is... the perfect remedy for my OCD. Your most interesting job? Dry cleaning Cowboy Cut Wranglers. What 3 things would you bring with you if you were deserted on an island? Tanning oil, champagne and running shoes.
Ashley Bynum AGE: 24 HOMETOWN: No comment UNDERGRAD: LSU
Law School is... just like I remember High School, except everyone is smarter here.
What 1 person would you want with you? Ryan French, my onagain, off-again bf. If you could be another person for a day, who would it be and why? Ariel (pre-legs), aka “The Little Mermaid,” for all the obvious reasons.
If you could spend a day with four famous people, who would it be and what would you do? Richard Branson, Denzel Washington, Gerard Arpey, & Ruth Bader Ginsburg; parachute into North Korea for Korean BBQ.
Anything else you want to tell us? I don’t believe in sunglass straps… unless I find myself fishing while white water rafting on a sunny afternoon.
If you were to be remembered for 1 thing, what would it be? My awesome hair-flip, have you seen it?
If you could be invisible for a day, what would you do? Pull the fire alarm in the library, just to watch all the 1L’s and gunners freak out.
Your favorite word? L’hippopotame (Compliments of Katie Cicardo. Thank you for teaching me the only French word I remember) If you could spend a day with four famous people, who would it be and what would you do? 1) Dierks Bentley, so he could serenade me all day long. 2) Kyle, from the Real Housewives of Beverly Hills, she could be my shopping buddy. 3)
Mark Whalberg, just so I can learn about his life firsthand as opposed to online during Legal Professions (he wouldn’t be too bad to look at either). 4) Kate Middleton, I’d make her let me wear her tiara. Besides people and pets, what is the first thing you grab as you escape? Seriously…my pocket Civil Code, duh! No one has time for the comments. In your humble opinion, which LSU Law professor has the most swagger? My opinion is not that humble, but its definitely a toss up between the Silver Fox himself, Professor Alain Levasuure and VC Cheney Joe…dance off to determine the ultimate winner?
If you were to be remembered for 1 thing, what would it be? Smuggling tanning pills back to the states.
If you could be invisible for a day, what would you do? Enormous “shopping spree.”
Your favorite word? Levasseur’s pronunciation of: “Yin-an-op-o-lis” If you could spend a day with four famous people, who would it be and what would you do? Roundtable discussion with Selena Gomez, Miley Cyrus, T-Swift and Bobby Kennedy. If Heaven exists, what would you like to hear God say when you
arrive at the Pearly Gates? Please stop asking me to bring crispy M&Ms back to America. Your house is burning down. Besides people and pets, what is the first thing you grab as you escape? I’d go down with the house choosing between my fav pumps and my handwritten outlines. Anything else you want to tell us? Fun Fact: 99% of all pumpkins sold in the U.S. become Jack-OLanterns. HAPPY HALLOWEEN! If I wasn’t in law school, I’d be… knocked up and living in a storage unit with my high school boyfriend.
THE CIVILIAN • October 2011
... is the scariest thing about law school?
The 15 min & What Do You Think sections compiled by Civilian Field Reporter Linda Matta
That organization meetings will run out of food before I get to eat. Josh Doguet, 2L
Sifting through the endless amounts of canned outlines and briefs, answers and explanations, student-made outlines, etc finding the BEST way to study amid all the options. Tripp Roy, 1L
Starting to refer to the law library as home Katelin Williamson, 2L
Quinn Salmon in a dance-off” Eli Abad, 3L
Devlin during moot court tryouts Michael Heier, 2L
The Hangover @ PMH: Part 2 of 3 A fictional account of one crazy morning after law school
“I was right,” burps Johnny L. Student, still balled up in the backseat of a Nissan Xterra parked behind PMH. “The Halloween GIF left no survivors.” All of a sudden, Johnny is just happy to be alive. He nearly reaches a Zen-like understanding of law school existence when the outbursts of his friends, arguing just outside the vehicle, bring him back to reality. “Not at the Table” “Of course, that broad is missing,” howls Sally Carlos Posas ‘Closet’ Gunner, still ranting in her so-called ‘Sexy Columnist Ninja Turtle’ costume. “We partied too hard last night, and she got separated from the group! Like the weakest of the herd.” The morning sun is finally up, and its rays warm Sally’s gratuitously bare midriff. “I hate Halloween,” she says. “Crystal is not missing,” says Ethnic Williams. “And quit calling
her a broad.” Ethnic has a soft spot for Crystal ‘Party’ Girl. Sparks flew when they met at the first tailgate of their 1L year: he danced with her to Miley Cyrus, and she didn’t barf on him from all the spinning. The memory brings Ethnic comfort and regret, like when you put on an old sweater from the attic: comfort because it’s still warm but regret because you haven’t washed it, and things are crawling all over you. Ethnic and Crystal have developed a great rapport throughout the years, but he’s never had the nerve to exploit it for something more… you know, like getting in her pants. Not one to stand idly by while her friend wallows in a stream of consciousness, Sally mocks Ethnic. She calls on her powers of imitation to do so, nailing Ethnic’s voice but with a high-enough pitch to make him sound like a pansy. Her excellence in mockery comes from a disdain for what she and popular vernacular call ‘haters.’ After all, Sally embodies the law school lady triple-threat: beauty, intelligence Hangover cont. on next page
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Brithney Gardner Columnist
Dear FUQS Reporter: Man, it seems like since I’ve been in law school every event is centered in some way around drinking. GIFs—alcohol. Tailgates—alcohol. “Study sessions”—alcohol! What are we, alcoholics in training? -currently buzzed
Answer: Correction: FUNCTIONING alcoholics in training. In a semi-inebriated state we are still able to get to class on time and actively participate in class as if we actually know what is going on. Dear FUQS Reporter: What on earth is the deal with people and the Internet? I am trying to be the best gunner I can be, while the girl in front of me is purchasing a new dress with matching shoes on eBay. The boy on the side of me is checking football stats on ESPN. It gets even worse when 60 percent of the class is on Facebook! Shouldn’t we be focused on the professor? -the only student without ADHD
Answer: PMH admits some of the top multitaskers in the country. The task of staying on top of fashion, staying up to speed on football and staying in other people’s business is no challenge for our law students. You may even witness the ultimate multi-tasker who is able to do all of these things while still drunk from the night before. Keep gunning and don’t worry, these students will still somehow earn a law degree. Dear FUQS Reporter: I thought this was a professional law school. Why are students dressed in pajama pants, cut-off shorts and halter tops? -advocate for law school uniforms Answer: Why change out of your pajamas when you are going back to sleep right after class? Why not wear your cut-off shorts when you know you need to look good at the bar after you leave the library? Why not wear halter tops? Because it makes you feel better inside to imagine that the season hasn’t changed from summer to fall? Dear FUQS Reporter: Who the hell controls the classroom temperature in this building?!? Half of the time, I don’t know whether to take notes or use the paper to light a campfire. I’m freezing to
Hangover cont. from previous page and ambition. Such a heady brew tends to draw haters of all stripes, both within and without the walls of PMH. (Or so I’m told.) Johnny has tired of listening to his friends bicker from the backseat of a Japanese SUV that looked out-of-date the day it rolled off the lot. He bursts triumphantly from the Xterra and plants his feet shoulders’ width apart, arms akimbo and demanding respect. Snagging his feet in the folds of his Snuggie, Johnny tumbles gracelessly from the vehicle, face-plants on hard asphalt, and summarily parts the green wig he was wearing. “Damn Lemmings costume,” he mutters. To nobody’s surprise, the car alarm goes off like sorority girls wailing and reminds our dear posse why it is never a good idea to shoot tequila at Bogie’s. Ever. Ethnic staves off the sensation of having his head split by a size 12 Nike (too soon?) and realizes that he can’t find his car keys. Full-body gorilla suits don’t typically accommodate pockets. By the time Ethnic pops the hood and disables the alarm manually, the damage has been done and the local wildlife traumatized. Also, a new figure has emerged: namely, That Married Guy Who Parties Too Hard. “Y’all are in bad shape,” he says. “I told you to go easy on the Bear Attacks.” “Bear Attacks?!” hollers Johnny in a way that is sure to elicit a definition. “Yeah,” replies That Married Guy. “A Bear Attack is when you take a Jaëger bomb right after you take an Irish car bomb. Y’all had, like, three a piece last night. By the way, where’s Crystal?” To find out, dear reader, stay tuned. Same Civilian time. Same Civilian channel.
death in class! -my heart goes out to all Alaska Natives Answer: Freezing classrooms in law school have prompted 15 percent of students to drop out each year. It is one of the many methods used to separate the men from the boys and the strong from the weak. Basically, it is a legal form of hazing. Good luck. Dear FUQS Reporter: I’m going to be honest, I don’t think I’ve ever been invited to so many parties in my life! Who knew that this would happen for me in law school? -newfound respect for Paris Hilton Answer: Oh, no! You’ve fallen into the trap of thinking that you are popular all of a sudden. Beware of the PMH party planners and promoters! Their M.O. is to throw parties so that you won’t study along with them. Your presence is desired solely for the fact that it makes them feel less guilty for not studying and keeps you from getting smarter at the same time! Side note: It’s not a coincidence that you tend to see the same group of people each time at these parties.
Keep your stuff safe!
Never leave your belongings unattended. If you see suspicious activity, report it right away. LSUPD: (225) 578-3231 13
THE CIVILIAN • October 2011
Scheduling Guide Appendix: Spring 2012 Spring 2012 Upperclass Courses Alphabetical Des Course ^ Accounting for Lawyers # Admin Criminal Justice II # Administrative Law ^ Admiralty ^ Advanced Copyright American Family Law ^ Anti-Trust Law ^ Bankruptcy ^ Biotechnology - Law, Bus & Reg # Business Associations I # Business Associations II ^ Capital Punishment ^ Civil Rights Litigation ^ Coastal Adaptaion & Global Warming # Commercial Paper ^ Common Law Propery §1 ^ Common Law Propery §2 ^ Comparative Labor Law ^ Conflicts of Law # Constitutional Law II ^ Corporate Finance ^ Elder Law ^ Employmnet Discrimination ^ Estate Planning # Evidence Federal Complex Litigation ^ Federal Courts ^ BP Oil Spill & Federal Nat. Res ^ First Amendment Law ^ Gaming Law ^ Hazardous Waste ^ Immigration Law # Income Taxation I # Insurance ^ International Criminal Law ^ Int'l Intellectual Property PI Intro au droit Francais ! # Labor Law ^ Law and Economics ^ Legal Profession, The § 1 ^ Legal Profession, The § 2 # La. Civil Procedure I § 1 # La. Civil Procedure I § 2 ^ La. Civil Procedure II ^ La. Security Devices Survey # Matrimonial Regimes Media Law ^ Partnership Taxation ^ Patent Law Real Estate Development # Sales and Real Estate Transactions # Sales and Real Estate Transactions ^ Securities Regulations ^ Security Devices §1 ^ Security Devices §2 ^ Tax Exempt Organizations ^ Tax Planning for Corporate Transactions ^ Toxic Torts ^ UCC Security Devices ^ U.S. Foreign Affairs Law LLM Research Workshop
10:15 AM9/30/2011 Crs # 5312 5401 5402 5417 5335 5209 5405 5710 5456 5300 5301 5542 5606 5337 5304 5309 5309 5452 5705 5421 5303 5463 5422 5503 5605 5650 5603 5730 5334 5336 5433 5442 5501 5308 5447 5462 5480 5403 5432 5721 5721 5701 5701 5702 5707 5202 5430 5500 5509 5531 5204 5204 5314 5704 5704 5516 5514 5800 5320 5773
Professor (Seats) Pietruszkiewicz (75) Simien (40) Richards (75) Sutherland (40) Lockridge (75) McGough (75) Diamond (75) Phillips, L (40) Malinowski (75) Sautter (75) Morris (75) Boren (40) Joseph (75) Richards (12) Holmes (75) Tyson (75) Costonis (75) Corbett (75) Johnson (75) Baier (75) Morris (75) Goring (75) Corbett (75) Carter (75) Fontham (75) Thomas (75) Devlin (75) Costonis (40) Weiss (75) West (20) Ellis (40) Goring (75) Rossi (40) McKenzie (40) Levy (75) Lockridge (75) Moreteau (75) Garrard (40) Bowers (75) Philips (40) Smith (75) Holdridge (40) Johnson (75) Crawford (75) Trahan (75) Carter (75) Corcos (75) Hackney (75) Primeaux/Meroney (40) Tyson (75) Levasseur (75) Lonegrass (75) Sautter (75) Crawford (75) O'Brien(40) Hackney (75) Adams (16) Church (75) Willenzik (40) Sullivan 75) Moreteau
Time 1:30 - 3:30 T 7:30 - 9:00 MW 9:50 - 11:20 TTh 5:30 - 7:00 MW 1:15-2:45 TTh 10:20 - 11:20 MWF 10:20 - 11:20 MWF 8:00 - 9:30 TTH 9:50 - 11:20 TTh 1:50- 2:50 MWTh 9:10 - 10:10 MW; 1:50 - 2:50 Th 4:30 - 6:30 Th 1:50-2:50 MW 2:00 - 4:00 T 9:10 - 10:10 MWF 11:30 - 1:00 MW 1:50 - 3:20 TTh 10:20 - 11:20 MW 10:20 - 11:20 MW, 1:50 - 2:50 Th 10:20 - 11:20 MWF 1:50 - 2:50 MW 11:30 - 12:30 MW 8:00 - 9:00 MWF 12:40 - 2:10 TTh 5 - 6:30 M; 8 - 9:30 T 10:20 - 11:50 TTH 11:30-12:30 MWF 4:00 - 6:00 Th 9:50 - 11:20 TTh 5:00 - 7:00 T 5:00 - 6:30 TTh 9:10 - 10:10 MWF 7:30 - 9:00 TTh 3:00 - 5:00 T 1:50 - 2:50 TTh 9:50 - 11:20 TTh 1:50 - 2:50 MW 7:30 - 9:00 TTh 8:00 - 9:00 MWF 8:00 - 9:00 WF 11:30 - 12:30 TTh 4:30 - 6:00 MW 9:50 - 11:20 TTh 8:00 - 9:30 MW 9:10-10:10 MF; 9:50-10:50 TTH 1:50 - 2:50 MW 3:00 - 5:00 M 11:30 - 1:00 MW 3:30 - 5:00 MW 9:50 - 11:20 TTH
10:20 - 11:20 MW; 11:30 - 12:30 T
Cancelled 10:20 - 11:20 MW; 11:30 - 12:30 Th
8:00 - 9:00 TThF 8:00 - 9:30 MW 11:30 - 12:30 TTh 1:15 - 3:15 W 1:50 - 3:20 MW 3:00 - 5:00 Th 11:30-1:00 MW 11:30-1:00 F
14 LLM Research Workshop is a non credit course required for all LLM candidates.
Room 2 3 3 3 3 3 3 3 3 3 3 2 2 2 3 3 3 2 3 3 2 2 3 3 3 3 3 2 3 2 3 3 3 2 2 3 1 3 3 2 2 3 3 3 4 2 2 3 3 3 3 3 3 3 3 2 2 3 2 3
Exam 27-Apr 25-Apr 24-Apr 28-Apr 27-Apr 26-Apr 26-Apr 30-Apr 24-Apr 4-May 23-Apr 5-May 4-May 1-May 23-Apr 2-May 1-May 26-Apr 26-Apr 26-Apr 4-May 2-May 25-Apr 27-Apr 30-Apr 24-Apr 2-May 5-May 24-Apr 5-May 5-May 23-Apr 30-Apr 1-May 1-May 24-Apr TBD 30-Apr 25-Apr 25-Apr 3-May 28-Apr 24-Apr 25-Apr 23-Apr 4-May 28-Apr 2-May 28-Apr 24-Apr 26-Apr 27-Apr 26-Apr 30-Apr 25-Apr 3-May No Exam 4-May 5-May 2-May
L S U PAU L M . H E B E RT L AW C E N T E R Spring 2012
Clinics- Students must complete an application to be considered. Applications on the web. Des Course Crs # Professor (Seats) Time !^ Pi Civil Mediation Clinic 5620 Breaux (6) 10:20 - 12:20 F !^ Pi Family Law Clinic Practicum 6001 Lancaster/Stehr (8) 10:30 - 5:00 W !^Pi Famliy Law Clinic Course 5621 Lancaster/Stehr (8) 3:00 - 5:00 Th !^Pi Family Mediation Clinic 6002 Lancaster/Gaspard (6) 2:00 - 4:00 F !^Pi Immigration Clinic Practicum 6005 Mayeaux (8) 1:30 - 3:30 F !^Pi Immigration Clinic Course 5623 Mayeaux (8) 2:00 - 4:00 Th !^Pi Juvenile Defense Clinic Practicum 5858 Linares/Harrison (8) 2:00 - 3:00 W !^Pi Juvenile Defense Clinic Course 5624 Linares/Harrison (8) 3:00 - 5:00 W
Cr 2 -3 2-3 2 2 2 -3 2 2-3 2
Externships - Students must complete an application to be considered. Applications on the web Des Course Crs # Professor (Seats) Time !^ Judicial Externship 6003 Brooks (25) 6:30 - 7:30 T !^ Public Interest & Not for Profit Externship 6006 Mayeaux (15) 5:30 - 6:30 T !^ Governmental Externship 6004 Brooks (25) 5:30-6:30 T !^ Indivdual Supervised Externship 5905 Brooks (TBD) TBA
Cr 2-3 2-3 2-3 1-2
Skills Courses (Graded on Pass/Fail Basis) Des Course !# Advanced Legal Research !+ Advanced Trial and Evidence !+ Business Plan & Transaction Practicum !+ Criminal Litigation Practice !+ Law Office Practice !+ Legal Negotiations !+ Litigation Practice (Pre-Trial) §1 !+ Litigation Practice (Pre-Trial) §2 !+ Litigation Practice (Advanced)
Time 3:00 - 5:00 M 5:00 - 7:00 T 2:00 - 4:00 Th 4:30 - 6:30 Th 5:00 - 7:00 Th 1:50 - 3:50 W 5:00 - 7:00 T 5:00 - 7:00 W Cancelled
Cr 2 2 2 2 2 2 2 2 2
Time 3:00-5:00 M 1:50 - 3:50 Th 5:15 - 7:15 T 4:30 - 6:30 W 2:00 - 4:00 W 4:00 - 6:00 M 5:30 - 7:30 T 2:00 - 4:00 T 3:00 - 5:00 M 5:30 - 7:30 W 5:15 - 7:15 M 1:50 - 3:50 T 3:00 - 5:00 W 3:30 - 5:30 T
Cr 2 2 2 2 2 2 2 2 2 2 2 2 2 2
Crs # 5610 5826 5883 5884 5823 5822 5881 5881 5882
Professor (Seats) Gragg (20) Walters/Patterson (20) Bowers (8) Daley (20) DeCuir (20) Bodin (30) David/Arsenault (20) Conque (20) deGravelles (20)
Seminars - Seminars satisfy the Upperclass Legal Writing Requirement. Des Course Crs # Professor (Seats) !^ Adv Topics in Criminal Law Seminar 5866 Levy (20) !^ Adv Topics in Intellectual Prop Seminar 5857 Church (20) !^ Advanced Torts Litigation Seminar 5811 Brown (20) !^ Bankruptcy Reorganization Seminar 5808 Dodd (20) !^ Comparative Health Law Seminar 5837 Malinowski (20) !^ Corporate Governance Seminar 5877 Donofrio (20) !^ Ethics in Litigation Seminar 5869 Rubin, M (20) !^ Family Law Seminar 5843 Carroll (20) !^ Int'l Law in US Courts Seminar 5888 Sullivan (20) !^ La. Consitutional Law Seminar 5834 Kennedy (20) !^ Environmental Law Seminar 5802 Ketchum (20) !^ Privacy Law Seminar 5894 Corcos (20) !^ Sem in Comparative Refugee Law 5878 Kim (20) !^ Urban Land Use &Development Sem 5806 Tyson (20) Clinics and Externships - permission of instructor only. Applications available on web.
Explanations: + Denotes "senior only" course ^ Denotes "senior preference" course # Denotes "junior preference" course PI - Permission of Instructor ! Denotes that after the first day of class, you may not drop the course without approval from Vice Chancellor Joseph.
!Law 5480 Intro au droit Francais - Moreteau - Permission of Instructor Class - 12 one hour class meetings - 1:50 - 2:50 MW Classes begin Monday, January 9 and end Monday, February 20 with - no class Monday, Jan 16. Oral exam will be given during week of February 27th based on student and professor schedule.
PLEASE NOTE: This list is probably already obsolete. You must check online for changes or updates to this schedule. Students: Please refer to the current Law Center catalog for detailed course information before planning your next -- ClickPrerequisite on “Current Students,” then “Course Schedules” schedule. Overlappinghttp://www.law.lsu.edu courses are listed in the catalog. courses are listed as suggested background courses for particular courses. If you do not have the course(s) listed as a prerequisite you should seek approval of the faculty member teaching the course.
THE CIVILIAN • October 2011
Upperclass Course and Professor Reviews Accounting for Lawyers Pietruszkiewicz There are required group assignments for virtually every class, however, these help you prepare for the final. Prof. P moves slightly quickly through the material, but he does a good job of answering all of your questions. He is always willing to meet with you individually. Good review of basic accounting principles and is useful for those who may go into solo practice. Also, if you took a certain number of accounting classes in undergrad, you will not get class credit for this class, so check it out before signing up. Administration of Criminal Justice II Simien Although it is touted as a class that can be winged on the bar exam, ACJ II may be the most interesting bar class. Simien is a no-BS adjunct who used to be a full-time professor at LSU, and that is how he teaches. Expect to be called on, but expect to be thoroughly taught the material. The class will cover all of the criminal procedure law that you didn’t get to in ACJ I, such as post-arrest constitutional rights, trial errors, double jeopardy and constitutional jury selection requirements. If you liked ACJ I, but wish it had more of a structure, you will like ACJ II with Simien. If you care, the final is pretty standard with no surprises. Administrative Law Richards The bulk of this class centers around Prof. Richards expressing his opinion on various governmental agencies and actions. If you are into government and the complex system it operates under, this class is for you. For those of you who aren’t, take the class anyway. A few weeks before the exam, Prof. Richards gives you an inordinate amount of questions from which to study from. The perk: these questions are verbatim on the exam. The downside: some of the answers are impossible to find. Admiralty Law Sutherland Jurisdiction; maritime liens, bottomry, and respondentia obligations; general average, salvage, maritime torts; limited liability; modern statutes affecting maritime rights and admiralty proceedings; procedure in admiralty Advanced Copyright Lockridge This course examines copyright law in detail, with a principal focus on the Copyright Act of 1976 and its recent amendments, such as the DMCA (Digital Millennium Copyright Act). Students will gain an in-depth understanding of U.S. copyright law, including its purposes, scope, and the nature of protection, as well as certain international issues and copyright’s applicability or inapplicability to changing technology. (Introduction to Intellectual Property (5434) recommended.) American Family Law
Law, including constitutional law, impacting on persons and the family.The course covers: marriage, separation, and divorce; filiation, including adoption; paternal authority; emancipation; interdiction; tutorship; curatorship of interdicts; commitment of the insane and others; support and other intrafamily rights and obligations.
Applicable antitrust legislation, patent and copyright laws; monopoly power, horizontal and vertical restraints, mergers, price discrimination, price controls by private agreement under fair-trade laws and patent licensing; problems of labor unions under the antitrust legislation; and direct governmental controls over prices and production.
Bankruptcy Phillips Former Judge Phillips teaches this class and is definitely brilliant on the subject of bankruptcy. He acts scary during the first week of class, but he actually was really cool and called on people rarely. He keeps his homework assignments light, but the best part about this class is his exam. The final seems intimidating because it is a very long fact pattern but he goes over a previous year’s final with you before the test which is almost identical to the one you will be taking. Also, you can bring anything (notes, outlines, old tests, etc.) with you to use in the exam, and he gives you an unofficial extra hour to take the test. Biotechnology - Law, Business and Regulation Malinowski This class is pretty laid back. Prof. Malinowski gets really excited about the material and can be repetitious. He assigns a lot of reading, but he explains it all in class so at most only a cursory reading is necessary. The final is take home and pretty expansive, but you have all the material as a reference so it’s not too bad. Business Associations I Sautter This class is very straightforward and will prepare you adequately for the Business Entities section of the bar exam. Professor Sautter is very methodical and teaches slowly enough that it’s quite easy to write down everything important that she says. Sautter loves class participation and will give participation points on the student’s final grade. The reading is fairly light, but Sautter will cover each case in excruciating detail, so come to class prepared. The exam is fair and likely won’t provide any nasty surprises. Business Assocations II Morris Morris puts the fun into Contracts and Business Associations. He covers a lot but is very thorough and clear. Unlike some classes you're never left wondering, 'what just happened in there?' I highly recommend both BA II and Corporate Finance with Morris. His exams and grading system are extremely fair, and he's always super helpful if you have questions.
L S U PAU L M . H E B E RT L AW C E N T E R Captital Punishment Boren This course is a study of the constitutional and systemic issues related to the death penalty, including: jury selection; restrictions on death-eligible crimes and offenders; aggravating and mitigating evidence in penalty proceedings; victim impact evidence; the appellate process and collateral attack; methods of execution; clemency; and international issues in death penalty cases, such as the application of treaty law and extradition issues. Civil Rights Litigation Joseph Civil Rights litigation, for the most part, concerns claims brought under 42 USC 1983. Like any class with Joseph, you get out of it what you put in. He will let you sit there and do nothing, but if you engage yourself in the conversation, it makes for a much better class. It is normally a small group, so keep up, and learn a lot, if you are self-motivated. It is a great companion course to take with Constitutional Law II, and considering Vice Chan. Joseph has held various positions, as a lawyer and judge, for the state and the city of Baton Rouge, he has defended many 1983 actions, and consequently has lots of first-hand knowledge and experience to impart. Coastal Adaptation and Global Warming Richards The Indonesian Tsunami and Hurricane Katrina reminded the world that coastal regions are subject to catastrophic destruction. Global warning will exacerbate that risk by increasing the severity of hurricanes and by reducing the buffer zones between metropolitan areas and open ocean surge. This course introduces the legal issues that arise from disaster response and mitigation, and from the long term restructuring of coastal development in adaptation to rising ocean level and storm intensity. The course will include two or three weekend field trips to critical coastal environments and infrastructure. Commercial Paper Holmes If you love the UCC and want to find out almost every detail about how banks work, this class is for you. Prof. Holmes knows more about Commercial Paper than you could ever hope to learn. The class is somewhat fast paced and detailed. However, Prof. Holmes is receptive to questions and is willing to meet with you for additional help. Register for this class if you feel you’ll ever deal with negotiable instruments. Common Law Property Costonis Prof. Costonis avoids most of the archaic history of common law property and keeps it very practical. He took last year’s class on a field trip to the courthouse to do some title searches. Awesomely, he schedules the days you are expected to participate at the beginning of the semester. His exam is a true issue spotter that will require some mental toughness, because of its long and intense fact pattern. This is a must take class for anyone who plans on practicing outside of Louisiana. Comparative Labor Law
The course will describe prominent characteristics and trends in labor and employment law and industrial relations in industrialized market economics. The labor and employment regimes of the United States, European countries and the European Union, and Japan will be emphasized.The course also will consider the International Labor Organization and its role in shaping labor law.The course will consider basic rights, collective labor relations and individual employment rights.
Conflicts of Laws Johnson A study of the problems encountered when a transaction or occurrence cuts across state or national boundaries.The course explores the principles underlying the choice of the law applicable to multistate problems in the sphere of private law; federal constitutional limitations on state choice-of-law decisions; interstate and international jurisdiction; and recognition and enforcement of sister-state and foreign-country judgments. Constitutional Law II Baier From the moment you walk in on the first day, your Constitutional Law experience will be second to none. Prof. Baier’s classes are filled with history of the Court, class discussions and real life Supreme Court experiences. If you haven’t heard, he went to Harvard Law and worked at the Supreme Court. He might make you feel an inch tall in class, (I know) yet he finds a way to make you appreciate the witty abuse. The end result is knowledge above and beyond the “black letter law.” You’ll never get tired of hearing him talk; he has some fascinating stories. Best advice is to read the handouts and write like he writes -- in the “Grand Manner” -- and you will be happy with your grade. Corporate Finance Morris If you’re considering doing any sort of transactional work, you should absolutely take this class, particularly if you do not have a business background. Prof. Morris teaches things that you will actually need to know. The class covers a variety of topics, but Prof. Morris still is able to delve far enough into each that you are able to gain a comprehensive understanding of the subject matter. Elder Law Goring Elder Law is laid back, enjoyable and the content is easy. Goring is a great teacher who explains the material. She shows plenty of videos, and there is no textbook. An added bonus is that you have a choice of writing a paper or a take-home final exam. This is one of the best two-hour courses at the law center. Employment Discrimination Corbett Corbett is an absolute expert on the material, and the class is one of the more interesting classes to be taken in law school. Corbett is a fantastic teacher, but if you’re someone who doesn’t like his long and intense tests, you won’t like this one either. If you want to know the ins and outs of discrimination, sexual harassment and other important workplace discrimination laws, this class is for you.
THE CIVILIAN • October 2011
Estate Planning Carter A study of the basic estate planning considerations and techniques for individuals with an emphasis on both tax and non-tax planning. Coverage will include living wills, planning for incapacity, wills, trusts, non-probate assets, business succession issues, Louisiana specific issues, and applicable federal and state tax statutes. Normally, completion of Successions and Donations or Decedent Estates is required, along with completion of or co-registration in Income Tax. Evidence Fontham Prof. Fontham is your alternative to taking Prof. Maraist for Evidence (in case you don’t want to learn where your Porsche is parked). A partner at Stone Pigman in New Orleans. Fontham drives in Monday nights and stays for Tuesday morning class. Although his grades might seem a little higher than Prof. Maraist’s, his class is no breeze. Federal Complex Litigation
This advanced civil procedure course addresses topics essential to modern federal civil litigation when cases involve high stakes, multiple parties, or multiple tribunals. Building on the knowledge of the 1L civil procedure course, it will focus on procedural devices that relate to handling multiple parties and multiple claims, as well as the policy implications and strategic considerations for attorneys litigating such cases. The course will explore how these devices are being deployed by federal courts in Louisiana in the Gulf oil spill litigation. Topics considered will include class actions (and the Class Action Fairness Act), multi-district litigation, joinder, and preclusion. Additionally, we will explore the increasing use of arbitration as an alternative approach to resolving complex cases.
Federal Courts Devlin This class is widely regarded as being difficult, but it’s important if you see yourself practicing in situations where you’ll frequently be in federal court. It is also a great way to familiarize yourself with the federal system. Students who have had Devlin in their first year know about his cutthroat, relentless Socratic style and should be assured that nothing changes in upperclass courses. BP Oil Spill and Federal Natural Resources Costonis Professor Costonis has adapted this class to address the legal issues of the BP Oil Spill. The class does a great job of combining environmental, administrative, and natural resources law. The material promises to be very useful for anyone interested in mineral, coastal, or public land law. Professor Costonis is extremely knowledgeable in this area of law and often offers the opportunity to write a final paper instead of taking an exam. First Amendment Law Weiss This course will explore a wide range of issues arising from the protection that the First Amendment affords freedom of expression. Pertinent topics include an overview of the history and philosophy of free expression; content-based restrictions on dangerous or harmful speech (e.g., subversive speech, incitement, threatening speck, fighting words); restrictions on the disclosure of true, but arguably harmful confidential speech (e.g., the Landmark Communications case); the overbreadth, vagueness, and prior restraint doctrines; constitutional limitations on defamation and invasion of privacy actions; commercial speech; obscenity and indecency regulation; hate speech; content-neutral regulation of speech; the public forum doctrine;symbolic speech; the regulation of political contributions and expenditures; freedom of association; freedom from compelled speech; student and public employee speech; and whether freedom of the press provides special protection for the “press”, however defined, that is distinct from the general constitutional protection for freedom of speech. Gaming Law West You’ll never look at a casino the same way after a semester of Gaming Law with Paul West. West is an expert in Louisiana’s gaming industry, representing some of its major players. This course takes you through the ins and outs of gaming regulations in Louisiana with a few field trips to the Louisiana Gaming Board meetings and guest speakers. West’s class is still fairly new, so outlines are slim. While the class is somewhat slow moving (lots of regulations to read), the exam has been open-book/take-home. Hazardous Waste Ellis Ellis is an adjunct professor who practices at McGlinchey Stafford, prefers to be called Charlie, and runs an extremely laid-back class. Most of the time he tells war stories, and he’ll occasionally bring in guest speakers. There’s no book, and it can be difficult to figure out what you’re actually supposed to do for class. One exam in the spring was open notes, but he has been known to give excruciatingly long take-homes, too. Immigration Law Goring Prof. Goring feels very strongly about Immigration law and policy so if you take this class you need to be prepared to read and be ready each day. The class is driven by a lot of statutory construction discussion and policy debates. It’s an enjoyable class if you do the work; however, if you slack she will definitely call you out, and you will dread walking into the room. Good class for everyone thinking about doing this type of work. It’s very eye-opening into world of the American immigrant experience. Income Taxation I Substantive and procedural aspects of federal income taxation.
L S U PAU L M . H E B E RT L AW C E N T E R
Insurance McKenzie W. Shelby McKenzie is an attorney at Taylor Porter where he practices primarily in insurance law, university law and litigation. Prof. McKenzie is one of the the premier lawyers in insurance law and has taught this class at LSU Law Center since 1971. The class covers insurance policies and insurance coverage. The exams each year are very similar and are definitely manageable. This is a good class to take considering insurance is involved in almost all aspects of litigation these days because they are the ones with the money! International Criminal Law Levy This course will offer a basic introduction to the subjects of international criminal law: international criminal tribunals, transnational crime (e.g., organized crime, trafficking in persons and drugs, and terrorism), and international crime (e.g., crimes against humanity, genocide, war crimes, torture, and sexual violence. Levy has a background in philosophy focused on the theory of criminal law and is sure to bring this viewpoint into class. This professor is all about discussion. Levy is laid back, but he wants active discussion and participation. He’s not there to police you and test what you know; he wants to know what you think. International Intellectual Property Lockridge IIP is a great way to earn 3 international credits if you have the prerequisites (either Intro. to IP, 2 IP courses, or professor’s permission). The class focuses on legal and economic implications of international treaty arrangements for copyright, patents, and trademark. The reading assignments can be lengthy, but Prof. Lockridge takes volunteers. Final grades are a weighted average of scores on the final and an in-class presentation on a current intellectual property issue in a country of the student’s choice. Introduction ad droit Français Moreteau This course is a brief survey of the French legal system, covering the major points of France’s legal history, constitutional law, court system, criminal and civil procedure, and civil rights issues. Professor Moreteau conducts this class entirely in French, so at least a foundational understanding of the language is a must (he doesn’t insist on students speaking fluently, and he is very patient and appreciates a good try). The reading assignments were very manageable, and the oral final exam takes place in early March. Though tackling “legalese” in French was pretty challenging, Prof. Moreteau was very gracious and did a great job with the material, which is his expertise. Labor Law Garrard Prof. Garrard is undoubtedly one of the nicer teachers here. In his Labor law class, he doesn’t attempt to intimidate or confuse you. You are assigned certain cases to be prepared for and are notified of the cases well in advance, making class participating easier to manage. The class’s only downfall is that it’s at 7:30 in the morning, but worth taking if you can get up. Law and Economics Bowers Introduction to the basic tools of economic reasoning, their use in the analysis of legal rules, and their application in private law practice. The Legal Profession § 1 Philips I would definitely recommend taking this mandatory class with Skip Philips. As a former general in the army and a long-time Baton Rouge attorney at Taylor Porter, he’s long been involved in the attorney disciplinary process. Amid all the Rules of Professional Conduct, he will regale you with war stories about attorneys getting into trouble and tries to bring in guest speaker from time to time. It’s an evening class, but he tends to let people out a bit early on some days and usually gives a break half-way through. The Legal Profession § 2 Smith Blah blah blah . . . lawyers have to be ethical and upstanding members of society. But let’s be honest - people only take this class because it’s required (and because it’s very helpful to take before taking the MPRE). So if we have to suffer through it, why not do it with Professor Smith, whose humor is so dry you have to apply lotion as soon as you leave class. He is an expert in the field of Legal Professions, and after his class you’ll have a firm grasp on the ABA rules, judicial precedent, and the structure for the MPRE (in fact, Professor Smith uses old MPRE questions on his final exam). His exam is closed book and features a mix of short-answer questions, multiple-choice questions, and longer hypotheticals that are all based on the hypothetical situations discussed in class. Louisiana Civil Procedure I Holdridge/Johnson Procedure in the trial and appellate courts of Louisiana; the La. Code of Civil Procedure, pertinent constitutional and statutory provisions, applicable rules of court, doctrinal material, and leading Louisiana cases; original jurisdiction of the Louisiana courts, pleading (the petition, exceptions, rules and motions in the nature of exceptions, the answer, and incidental demands), procedure for procuring evidence, and trial procedure. Louisiana Civil Procedure II Crawford An expert on La. Civil Procedure, Prof. Crawford will teach you the ins and outs of this course. His teaching style is heavily based on lectures peppered with grizzled war stories of the practice of law in our fair state. He rarely calls on people except for the days where the class discusses problems. Prof. Crawford is determined to prep you for the Bar Exam. So all you people planning to stay in this glorious state, sign up. Louisiana Security Devices Survey Trahan Why take this class instead of regular old Security Devices? Prof. Trahan gives you a 2 for 1 deal covering both La. Security Devices and all the intricacies of the common law, including the UCC. Four days a week may seem intense, but Prof. Trahan provides his usual UP policy. When it comes to the exam, he’ll be sure to weed through the enormous amount of material that was covered and tell you exactly what to focus on for the exam. Just remember: If he says it’s going to be on the exam, it WILL be on there.
THE CIVILIAN • October 2011
Matrimonial Regimes Carter Patrimonial rights and obligations between husband and wife. Includes community property, separation of property, marriage contracts, comparisons with other matrimonial regime laws of civil and Anglo-American systems. Media Law Corcos Corcos divides the final grade into a written assignment and a paper/final. Extra credit options throughout the course. Low-key in-class environment. Partnership Taxation Hackney Federal taxation of partnerships and pass-through entities, including Sub S corporations and real estate investment trusts. Normally, completion of the course in Federal IncomeTaxation is a prerequisite. Patent Law Primeaux / Meroney This is one of the few classes in law school where you gain practical knowledge. Adjunct Profs. Primeaux and Meroney will share their vast experience in patent law through examples, exercises, and personal anecdotes. If you don’t have a technical degree ( i.e. a PhD in BioElectrical Horticulture), then some of the cases will be difficult to understand. However, the exam contains simplified fact patterns which allow even the least technical to show what they learned during the course. If anything, there is usually a class party with copious amounts of margaritas. Real Estate Development Tyson This course will be use recent transactions involving large-scale real estate development projects, including mixed use developments, public-private and sports stadiums to illustrate the legal techniques, financial issues and general challenges involved in project development and project financing, Class discussion will include the key documents used to develop, construct, acquire and finance projects. Students will participate in contract negotiation and drafting exercise in a simulation of designated parties to a transaction. Coverage will include sources of financing, project and construction management issues, marketing and project delivery issues. The course will utilize both legal and business case methods related to actual projects to understand the processes and issues surrounding large scare, complex real estate development projects. Sales and Real Estate Levasseur Louisiana Civil Code provisions relating to sales, leases, and other particular contracts; comparison of foreign law and the Uniform Commercial Code. Securities Regulations Sautter Securities Regulations is one of the tougher classes that you'll takel, but for any business-minded student, it's necessary to have a foundation regarding securities. It's a small class, and I found Sautter did a very good job of compartmentalizing the material in a presentable manner. His method allowed students to better grasp the material. If you want to be involved in transactional deals, work for in-house counsel for a larger company or want to use a law degree for business purposes, you should consider taking this class. Sautter is a very fair grader, so don't allow the subject matter to scare you off. Security Devices § 1 Crawford Prof. Crawford’s Security Devices is a lecture class. Crawford rarely calls on anyone to help him out. He passes out an old test since none of his tests are on file. His final is closed book, and he does not allow computers for his exams. Remember to study the old test he gives you and keep your own exam answers short and to the point. Security Devices § 2 O’Brien Participation counts, but don’t worry about being ambushed. He tells you who he will be calling on the following day. Be ready that day and slack off all you want when you’re not on the hot seat. His questioning resembles Devlin (there’s a lot of ambiguous Why? questions). Outlines abound, he’s even nice enough to provide you with a pretty good one. Tax Exempt Organizations Hackney This course presents the organizational and operational requirements for organizations exempt from United States federal income tax, as well as state tax, corporate and other laws relevant to nonprofits with special attention to those of the state of Louisiana. Particular attention will be paid to charitable organizations described in section 501(c)(3) of the Internal Revenue Code, such as churches, schools and hospitals, but the course will also examine a host of other organizations exempt from Federal income tax such as business leagues, social clubs and credit unions. The course will cover formation, governance, compensation, public charities and private foundations, unrelated business income tax, lobbying and political activities, fundraising, joint ventures and other issues. Income Taxation I (Law 5501) is a pre- or co-requisite course. Tax Planning for Corporate Transactions Adams Prerequisite credit in Law 5501 Income Tax I and Law 5502 Corporate Tax or permission by the instructor – Students will work on teams to resolve complex, cutting edge, practice-oriented problems in structuring transactions to accomplish business goals of a client as well as optimizing the tax posture of a client. Students will be provided facts and objectives, and will be required to determine what steps should be taken to achieve those objectives. Problems will be supplemented by lectures and discussion of tax issues and relevant legal authority. The seminar is structured to immerse students in approaching problems from a transactional perspective. The solutions to the problems will be presented orally and in writing and will primarily focus on corporate tax issues. No exam is required.
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Toxic Torts Church A detailed discussion of the special issues presented in the litigation of toxic torts and the role of torts in environmental protection.Topics include the use of risk-based evidence, certification and use of class actions and other procedural devices, and the role of government enforcement actions in private civil litigation. UCC Security Devices Willenzik Students cannot take Louisiana Security Devices (5707) and this course. A detailed discussion of Article 9 of the Uniform Commercial Code dealing with security interests in movable property, with some comparisons with the Louisiana law of security devices. US Foreign Affairs Law Sullivan This course examines the legal framework and influences on how the United States conducts foreign relations under U.S. Law. In particular, we will use current events and ongoing controversies in U.S. foreign policy to assess the distribution of foreign affairs powers among the three branches of government, the degree of integration of international law as part of U.S. law, the relationship between the federal and state (and local) governments in the realm of foreign affairs, and the interaction of international institutions (such as the UN) and domestic lawmaking bodies.We will also contend with the difficulty of hard delineations of what is “foreign” or “domestic” and how these soft substantive borders effect the doctrinal operation of U.S. law.The final will be an in-class exam.
Advanced Legal Research Gragg This skills course covers traditional and electronic methods of advanced legal research. Enrolled students are taught research skills while resolving factual scenarios in a lawyer/ client setting.The course builds on basic research skills by including sources not covered in Legal Research and Writing. Advanced Trial and Evidence Walters / Patterson This course is taught by two very successful local attorneys: Mike Patterson a local attorney and President of the Louisiana Bar Association, and Mike Walters a partner of his own law firm in BR. The course is a year long journey through a civil case, starting with all of the pretrial issues and ending with a full blown trial. You’ll learn to introduce evidence, direct, cross, and every other element of a civil case. The class is a lot of work, and the professors expect a lot from you. Be prepared to spend anywhere from 1-3 hours a week preparing if you want to make the professors happy. Winging it will get you by, but these professors can spot it, and will call you out on it. Business Plan & Transaction Practicuum Bowers Enrollment will be by application to Prof. Bowers, the instructor, only, will be open to a maximum of 8 law students, and 8 Graduate School of Business students. The law students will be formed into simulated law firms who will represent simulated “client” firms whose managers are business school students. Criminal Litigation Practice Daley Senior Only. The course focuses on the pretrial phase of the criminal litigation process, and will treat jury selection as well. Topics will include arrest warrants and probable cause affidavits, charging procedures, bail and bonds, discovery, motion practice, and plea bargaining. Law Office Practice DeCuir Techniques in legal writing and preparation of legal instruments; problems involving preparation of contracts, wills, trusts, pleadings, legal opinion, and other documents used in practice; discussion of techniques to be used in solving the problem and critical analysis of the form, style, and substance of the documents; lectures on law office management methods and practice. Legal Negotiations Bodin Selected readings and written work focused on different aspects of and techniques used in the negotiation process, with concepts amplified by guest lecturers and class discussion; an opportunity to perfect an individual’s own negotiation style in six to nine simulated legal negotiations, each involving a different area of the practice of law.Throughout the course, a special emphasis is placed on the Rules of Professional Responsibility as they apply to negotiations and on the lawyer’s duty to conduct himself or herself during negotiations in a professional manner. Litigation Practice (Pre-Trial) § 1 - David/Arsenault, § 2 - Conque Senior Only. Prerequisites: Evidence;Trial Advocacy. Students cannot take this course and Law 5826 or Law 5827. Exclusive emphasis on the pretrial phase of the litigation process: (1) drafting of pleadings and pretrial motions; (2) discovery issues; (3) preparation and use of expert witnesses; and (4) pretrial conference and pretrial order. Litigation Practice (Advanced) § 1 - Holdrige, § 2 - Brown Senior Only. Prerequisites: Evidence;Trial Advocacy. Students cannot take this course and Law 5826 or Law 5827. Further development of the advocacy skills introduced during the intersession Trial Advocacy program. Focus will be on other basic skills and techniques utilized during the trial of cases (both civil and criminal), such as jury selection techniques, opening arguments, use of demonstrative evidence; presentation of documentary evidence, charts, summaries, developing a theory of the case and organizing the “fact witnesses” — direct examination, presentation of expert testimony, use of different types of experts, cross examination of opposing experts, closing argument, and jury instruction.
THE CIVILIAN • October 2011
Seminars* Advanced Topics in Criminal Law Seminar Levy This professor is all about discussion. Levy is laid back, but he wants active discussion and participation. He’s not there to police you and test what you know; he wants to know what you think. Take him for a seminar, and you will be glad you did. Louisiana Constitutional Law Kennedy Cigar-wielding Prof. Kennedy serves as our State Treasurer. He is a political insider with much to cover, complain and argue about. This just makes class interesting as the class tackles controversial issues. Not everyone will love his personality, but his humor and teaching style keep the class’s attention. Privacy Law Corcos This course will examine common law, constitutional and statutory rights to privacy within the context of current society and new technology. Balancing privacy rights and societal values is becoming increasingly different in this age of Google, social networking, advanced technology, and threats to national security. These changes create also shifts in our notions, definitions, and expectations of privacy. Consequently, some members and institutions of society are allowing a shift of the pendulum toward less, rather than more privacy. Students in this seminar discuss concepts and readings, lead a class discussion, write an original paper on a topic they and the instructor choose together, and present the results of the research on their paper to the class. Comparative Refugee Law Kim This will count in the Global, Comparative and Civil Law Basket. This seminar explores the various forms of forced migration, including refugee flight, asylum, internal displacement, and trafficking. It examines the institution of asylum as an instrument for international human rights protection. We will consider in detail the definition of a refugee in international law and how that definition has been implemented in the domestic courts of the United States, Europe, Asia, and Africa. Other topics include gender persecution, asylum protection for victims of non-state actors, the criminalization of forced migration, and the refugee exclusion for terrorist, genocidaires, and freedom fighters. Urban Land Use and Development Tyson The increasing urbanization of the nation has brought with it many social, economic, environmental and land use challenges related to redevelopment and planning in cities. This seminar will explore existing and emerging legal problems related to increased urbanization in addition to the land use policies and decisions that have shaped contemporary urban American. The seminar will involve interdisciplinary methodology and content and will culminate in a major piece of written work and seminar presentation. Environmental Law Ketchum It’s a special topics environmental law course, and is upperclass only. It’s also a paper course which will satisfy the upperclass writing requirement. This is my first year teaching it (it was previously taught by Ken Murchison). We’ll talk a lot about practicality in environmental law (the development of citizen suits and the public trust doctrine, the spread of citizen enforcement of environmental laws to other countries, etc.). We’re also going to highlight a decades old strugge in Ducktown Basin, one of the hotbeds of air pollution litigation, which pits sovereign interests of the federal government, several States, various citizen groups, and the Cherokee Nation against one another.
*Additional Seminars: Advanced Topics in Intellectual Property (Church), Advanced Torts Litigation (Brown), Bankruptcy Reorganization (Dodd), Comparative Health Law (Malinowski), Corporate Governance (Donofrio), Ethics in Litigation (Rubin, M.), Family Law (Carroll), International Law in US Courts (Sullivan)
SPECIAL NOTES -- You cannot schedule 15 credit hours and get onto a waitlist for a course that does not have a conflicting time. -- You can perform a degree audit via your PAWS account. If you are a graduating senior and have questions related to degree requirements, email Ms. Emily Saleh. -- If you would like to take 16 hours, please email Vice-Chancellor Joseph before Monday, October 17. --You can select additional services such as parking, meal plans, and insurance via PAWS beginning Thursday, October 20.
The Civilian would like to warmly thank all who submitted reviews for this section. Please continue this tradition in the future and keep this guide helpful for future generations of students. 22
L S U PAU L M . H E B E RT L AW C E N T E R PRO BONO EVENTS Street Law • Street Law is a program that PILS is thrilled to introduce. Local high schools allow law students to come for an hour a week for six weeks. Law students teach them basic fundamentals about the legal system, leadership skills, and common occurrences in the justice system. Founded at Georgetown in the 70’s, it has grown into a nationally recognized program that has been successful across the country.
COMMUNITY SERVICE Volunteers in Public Schools • A project through Volunteers in Public Schools where law students are paired with a local 1st, 2nd, or 3rd grader and meet with them for one-on-one reading and/or math time. • Volunteers meet with their reading or math buddy at least once a month for 45 minutes at the child’s school. Habitat for Humanity (Builds and the Re-Store) • Students volunteer to build homes for those in need. Builds can include everything from hammering and framing the walls of the home, to painting and landscaping. Next build: Nov 5. • The Re-Store invites law students to come help inventory, label and organize. Habitat for Humanity uses the funds earned from selling donated furniture and building materials to continue their good work in the community. Next Re-Store: Oct 15. Pet Therapy • The Pet Therapy Program is one of the newest programs under PILS Community Service. Pet Therapy is designed to give you and your dog the chance to visit with nursing home residents in the greater Baton Rouge area. • Visits take place on Saturday mornings at 10 AM. Students will meet at 9 AM at the LSU Law Center and carpool to the various Nursing Homes that will be visited. • The visits are informal. You will visit with the residents and let them interact with the animals. The visits will only last an hour. Feel free to bring your camera to snap a few photos with your pet and the residents as well. Next date: Oct. 29 • There are a few dog requirements: - Current on all vaccinations - Controllable on a leash - Get along with other animals - Gentle with the residents The Angel Tree (Upcoming) • Students pick a child in need and donate various gifts of their choosing. Sometimes the donations from LSU are the only presents these children will receive for the holidays. One of our most popular service events.
For more information, please visit the home page of PILS: http://sites.law.lsu.edu/pils
Ask a Lawyer • Ask a Lawyer is a free walk in legal clinic sponsored by the Baton Rouge Bar Association. Students who volunteer for this pro bono initiative will assist area attorneys with the interviewing of persons coming to the clinic for legal assistance. Every walk in is guaranteed legal assistance, and if they meet federal indigency guidelines can be referred to a pro bono attorney. • Individuals from your community can take advantage of these free legal counseling sessions from local attorneys on a first-come, first-served basis for confidential, one-on-one, 15-minute sessions of legal advice. Thirst for Justice • Thirst for Justice is a legal clinic where the underprivileged in the Baton Rouge community will have the opportunity to consult with an attorney. It provides legal referral services to needy men and women who often don’t know where to turn for assistance in legal matters. • Once an attorney has assessed the client’s situation, the client may be referred to an agency that will possibly place the case with a volunteer attorney. To qualify, the individual’s household income must be below the federal guidelines for poverty. Baton Rouge Bar Foundation Board and staff members work closely with staff and Board leadership at St. Vincent de Paul to make the project a success. Law students who assist with intake play an integral part of this pro bono initiative. In addition to helping those in need, students get to see up-close the common legal issues facing the poor in our community by sitting in on the consultations. Live Help Online Navigator • Hands-down the most convenient way to get your pro bono hours. Individuals seeking legal assistance can ask you questions that help them find information on the www.lawhelp.org/LA site. LiveHelp and its navigators cannot give legal advice. LSU Law Clinic Pro Bono Work • Perhaps the second most convenient way: Students will be directing people who call in to the clinic (Basement of the Law Center) to legal resources and suggesting other possible agencies to contact. Pro Bono while you study! SSI/SSDI Claims • PILS is currently developing a partnership with Southeastern Legal Services on Supplemental Security Income and Social Security Disability Insurance Claims. Student volunteers would have an opportunity to work with local attorneys on pending SSI/SSDI claims. Family Pro Se Help Desk • Perform intake and conduct interviews for low-income families that have contact with family court. • Begins October 11. Every Tuesday and Thursday, 10 am to 12 pm, 1 pm to 3 pm.
CHECK OUT THE NEW CIVILIAN WEBSITE: http :// sites . law . lsu . edu / civilian 23
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