LSU Law - The Civilian, February 2017

THE

CIVILIAN CIVILIAN

A STUDENT PUBLICATION FOR THE LSU LAW CENTER COMMUNITY FEBRUARY 2017 | VOLUME 13 | ISSUE 4

Battle

of the

Barristers VS. purple

On February 5, 2017, the football season reached its peak during Super Bowl XLI when the New England Patriots edged the Atlanta Falcons in a thrilling comeback victory. On February 18, 2017, the season will hit rock bottom when Purple Team takes on the Gold Team in the annual pillow fight known as Barrister’s Bowl. Sponsored by the LSU Law Football Club, this year’s Robert Glueck contest will take place at Memorial Stadium Staff Writer (located at N 17th St, Baton Rouge, LA 70802) and kicks off just past high noon. This year’s matchup also features a clash of coaching titans with Coach Jack Zeri-

gold ngue leading the Purple Team into battle opposite Coach E.J. Vincent of the Gold Team.

Though the Gold Team is currently enjoying a two year winning streak, Coach Zeringue likes his team’s chances this year. “They were robbed last year, and they know it,” he says, but “[this year] they’re primed and ready to go.” Although Zeringue was hesitant to reveal Purple Team’s game plan, he stressed his desire to get the ball to Andrew Rabalais in open space. “He’s only one move away from a touchdown on every touch,” says Zeringue. The Purple Team’s fearless leader is also pleased with his team’s line and linebacker depth, though he expressed disappointment toward Chase Texada’s inability to anchor the defensive line. To compensate for Texada’s failCONTINUED ON PAGE 4...

THE CIVILIAN | FEBRUARY 2017

Editorial

Law Students Deserve a Conducive Study Environment Every November and April the mood around PMH shifts as every student begins to realize that finals are fast approaching and that it’s time to set up camp on the third floor of the library.

Some even take it to the next level and wander onto the desolate fourth floor.

But for the past 3 years, while we have tried to understand the nuances of our classes, a problem has persisted.

Ask almost any student and one of the major complaints you’ll hear during these months is that our library and school become overrun with undergraduate students who do not respect us, our stress level, or our school. The undergraduates who come in with their calculators and textbooks with pictures talk loudly on the quiet floors of the library, occupying the much-needed tables on the first and second floors, all while the student lounge is teaming with students who have never even sat through a Professor Church cold call.

Every semester the SBA tries to ease the stress of finals by providing snacks for PMHers. During these designated snack times, it feels like the Law Student lounge is the food court of the mall.

More undergrads show up attempting to get snacks than law students seeking a much needed extra jolt of caffeine.

Many students search for a classroom to study in as a reprieve from the Law Library which begins to resemble Middleton more than our sacred study place, only to find that the undergraduate students have taken over them as well. All of this at a time when the last thing we need to be worrying about is the stress of finding a quiet, productive place to study.

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The Student Academics Committee, for the past two years this has brought up this issue in meeting after meeting.

The Committee has acknowledged that posting a paper sign on the sliding doors entering the library is about as effective trying to find warmth in the old building.

Last semester the library tried something new and put signs on each individual table on the first floor. Again, this did not deter undergraduates. And even worse, the hours that undergrad students could permissibly use our library got extended from the 3 P.M. of the previous two years to 5 P.M. By the time 5 P.M. rolls around, the library staff has left for the day, and the only person sitting at the desk is a student worker, usually an undergrad. Leaving us with no one in a position of authority to kindly escort the intruders out.

The Academics Committee has proposed multiple solutions in an attempt to protect our right to study. Each of these pleas has fallen on deaf ears. Students respect that the Law Library is a public library available to the community as a whole. But like any other public library, the library closes to the public around 5 or 6. We do not even seek to limit access to our library during certain hours year-round, only during the height of our study period.

The willingness of the faculty to ignore our frustrations is growing old. It’s time for law students to feel comfortable and respected in our own library. Much like the undergraduates who flock to our library, we will no longer be silent.

The Civilian Staff 2016-2017

Editorial Board Editor-in-Chief: Alaina Richard News Editor: Annie Beckstrom Columns Editor: Elizabeth Wong Production Editor: Taylor Degruise Web Director: Halee Maturin Staff Writers Annie Beckstrom Robert Glueck Brooklee Hurst Kathryn Burke Stacy Liere Jacob Longman Halee Maturin Cody “Tick” McElroy Megan Rials Tori Watson Elizabeth Wong Columnists Annie Beckstrom Halee Maturin Hunter Odom Patrick Schmidt

In hopes of a new semester,

Emily Schwab

Sally Richards

Elizabeth Wong

THE CIVILIAN | FEBRUARY 2017

LETTER FROM THE EDITOR Dear Reader: We are only two months into 2017 and so much has already happened. Keeping up with the news of the day feels about as stressful as preparing for a Professor Devlin cold-call 1L year. We wanted to briefly address some of those hot news topics in Alaina Richard, this issue and how they affect the law, but Editor-in-Chief we also wanted to provide some muchneeded levity with our coverage of the “Battle of the Barristers.”

Additionally, you’ll notice on the adjacent page to my letter we have published an *anonymous* letter to the editor.

Ms. Sally Richards wrote us about a wide-felt concern in the PMH student community – the infiltration of LSU un-

dergrads into our precious library. The editorial board decided we would publish this anonymous letter this month, and then next month we will follow up with an investigative look at what can be done to resolve this problem.

We encourage students to let us know about problems they are facing or stories they would like told so that we can take a closer look. We are also gearing up for our best “April Fools” issue yet. This issue is satirical, similar in style to The Onion. Please feel free to email us story ideas and suggestions for our satirical April issue or our March issue at thecivilianlsu@gmail.com.

Best wishes, Alaina Richard Editor-in-Chief, The Civilian

SBA S T A T E O F A F FA I R S PMHers, We will have a busy Spring semester here at PMH! 1Ls, mark your calendars for LSU Law Family Weekend. Invite your parents to attend class with you on Friday, March 24th. On Saturday night, March 25th, the 1L Officers will be planning a social event for 1L students and their parents. More details to come!

On March 14th, the SBA is pairing with the Young Lawyers Section of the Baton Rouge Bar Association to put on our second Brews and Barristers networking event. We have the Tin Roof Brewery reserved from 5pm-9pm and there will be a food truck present for a portion of the event. This is a great opportunity for students to meet members of the Baton Rouge Bar Association. We hope to see you all there!

Don’t forget to purchase your tickets for the annual LSU Law Barrister’s Ball, which will be held on Friday, March 10th.

The event will be held at Club XO in downtown Baton Rouge from 8pm-12am. The SBA will be selling tickets in the weeks

leading up to the event. Thanks to the 2L Officers for planning this event!

3Ls and LLMs, our time here at PMH is winding down! Be sure to update your calendars with the following events to get the most out of your last semester!

February 18th: Barristers Bowl February 22nd: 100 Days to Graduation Party March 10th: Barristers Ball March 18th: St. Patrick’s Day Parade March 20-21: Grad Fair/Composite Photos April 8th: Assault and Flattery April 13th: 50 Days to Graduation Party June 2nd: Graduation As always, feel free to reach out to me or any other SBA members with any questions or concerns you may have.

Trenton Ball SBA Executive President

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THE CIVILIAN | FEBRUARY 2017

BARRISTERS CONTINUED...

ure, Zeringue says the players have “some inter-locker room side bets going” but stopped short of comparing himself to former New Orleans Saints coordinator Gregg Williams.

On the opposite end, Coach Vincent had little to say except for one word: “Three-peat.” Taylor Hunter, Chairman of the Barrister’s Bowl Committee and player/coach for the Gold Team, adds that “Nothing will make me happier than beating Jack Zeringue.” As a parting shot, Hunter also claims that “Jack eats crawfish with a bib.”

On a lighter note, should you feel the need to avert your eyes from the abomination between the lines, the Barrister’s Bowl cheerleaders will be on hand to provide sideline entertainment. Add a few pre-game mimosas and these classy ladies will most definitely steal the show. In addition, despite the absurd lack of on-thefield talent, Hunter notes that the competitors’ love for their community is second to none.

As in years past, the game’s proceeds will be donated to the American Cancer Society, and for the second year in a row the donation will be made in honor of Law Center legend, Cheney J. Joseph, who was a driving force behind the very first Barrister’s Bowl. As always, the cost of admission for the game is a donation to this charity in the form of cash or a check.

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fessor Corbett, and lunch at Bocage with Professor Levasseur (tennis racket optional). Other prizes include bourbon and cigars with Professor Trahan and wine tasting in Lyon with Professor Church. Like the game, all are invited to join, and all proceeds from the auction will be donated to the American Cancer Society.

The spring semester’s festivities draw to a close with the annual Barrister’s Ball. This year’s Ball will be held on Friday, March 10 at Club XO in downtown Baton Rouge. Tickets should be purchased ASAP as they are currently are on sale for $40 per person but will increase to $45 and $50 at the door.

Attire for the ball is semiformal to formal, i.e. a tux or suit for guys and a long dress or cocktail dress for girls. If you can’t make the game or the auction, you certainly won’t want to miss this. Unless Zeringue and the Purple Team can pull off the upset of the century, the Ball will likely serve as a quasi-celebration for Gold Team’s third straight victory. As for the rest of us, the Ball is a perfect opportunity to drown out the memory of witnessing law students attempt to relive their glory days.

The things we do for charity.

Jack eats crawfish with a bib. Taylor Hunter

Once the game draws to a merciful close, the real fun begins with the Barrister’s Bowl Auction. This year’s auction will take place at Uncle Earl’s and features choice prizes including tex mex and ‘ritas with Professor Brooks and Associate Dean Carroll, shots with Professor Levy, a Tsunami dinner with Pro4

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THE CIVILIAN | FEBRUARY 2017

Constitutional Conflict Trump’s Battle with the Emoluments Clause

A mere three days into his presidency, Donald Trump was struck with a lawsuit that targeted his vast and complex corporate kingdom. The Citizens for Responsibility and Ethics Kathryn Burke (CREW) in WashingStaff Writer ton D.C. charged in their complaint, that the intersection of President Trump’s ascent to the presidency and his preexisting business interests creates a violation of the Foreign Emoluments Clause. This clause, despite its recent presence in the media, is relatively untraversed legal territory and reflects grave concerns that the Framers had of a leader that could be swayed by foreign inducements. The plain text of the Emoluments Clause is prohibitive of any “Person holding any Office of Profit or Trust under [the United States]” accepting any “present, Emolument, Office, or

Title, of any kind whatever, from any King, Prince, or foreign state….without the Consent of Congress.”1 Given the surprising lack of legal research on this area of the Constitution, the Civilian asked Professor Coenen, Constitutional law scholar, to weigh in. “‘Emolument’ in this context equates to a ‘thing of value,’ Professor Coenen explained. “In other words, a monetary or nonmonetary contribution that the recipient regards as desirable. The clause was included in Article I to address concerns about foreign states buying and exercising outside influence over decisionmaking within the executive branch.”

In their complaint, CREW alleges that Donald Trump’s refusal to abandon his properties and business interests “poses a grave threat to the United States and its citizens.”2 CREW specifically listed violations in connection with transactions involving New York’s Trump Tower, Trump International Hotel,Washington D.C., and the television show “The Ap-

1. Foreign Emoluments Clause. Article 1, Section 9, Clause 8 2. Citizens for Responsibility and Ethics in Washington v. Donald J. Trump, https://assets.documentcloud.org/documents/3402976/CREWvTrump.pdf

prentice.”

The blustering thirty-seven page complaint details the injury this alleged violation has caused CREW and demands relief in the form of an injunction enjoining President Trump from violating the clause. CREW argues that Donald Trump’s violations of the Foreign Emoluments Clause “have required CREW to divert and expend its valuable resources specifically to counteract those violations, impairing CREW’s ability to accomplish its mission.”3 This expenditure of resources, CREW claims, has impeded their mission of keeping the public informed.

The Administration’s attorneys remain adamant that the Constitution does not require the President to take action in regard to his business claims. “The socalled Emoluments Clause,” they claim “has never been interpreted...to apply to fair value exchanges that have absolutely nothing to do with an office holder.”4 Given the lack of guiding jurisprudence CONTINUED ON PAGE 9...

3. Id at 23.

4. Id at 5.

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THE CIVILIAN | FEBRUARY 2017

Seven Black Robes Riding Circuit With the Louisiana Supreme Court

To the average citizen, the words “Supreme Court” will likely spark images of nameless, faceless figures and black robes. But to the average law student, influenced by countless hours spent reading hundreds of pages of opinions and dissent, the court takes on a whole new meaning.

Last month, students at the LSU Law Center had the unique opportunity to witness Tori Watson the Louisiana Supreme Court in action. On Staff Writer January 23rd, the highest court in the state heard oral arguments in our very own Robinson Courtroom, for the first time since 1998.

At 2:00 p.m., the seven justices entered the courtroom and took their places, from left to right: Justice Genovese, Justice Hughes, Justice Guidry, Justice Johnson, Justice Weimer, Justice Clark, and Justice Crichton. Unlike the United States Supreme Court, justices of the Louisiana Supreme Court are elected, not appointed, and serve 10-year terms, rather than lifetime tenure. Of the seven current justices, six received their law degree from the LSU Law Center. Education aside, each justice brings his or her own unique talents and experiences to the court. Justice Greg G. Guidry studied classical civilizations and Roman law in South Africa; Justice Scott J. Crichton co-hosts a radio program; Justice James T. Genovese was a four-year college tennis player; and Justice Marcus R. Clark started his career working in his family’s Laundromat, just to name a few.

Over the next few hours, the court heard arguments on two cases. Nick Alegro is a 1L student at LSU who was present in the courtroom throughout the afternoon. He noticed that the justices were cognizant of the fact that students were present, making sure to address the audience with explanations of complex legal processes and judicial jargon as needed. The first case, a medical malpractice suit, involved the wrongful death of a baby who had been admitted to the hospital with possible respiratory issues. The second, a murder case, involved a district attorney who allegedly failed to follow through on a deal he had made with the defendant. 2L student Ben Wallace described the experience as an exciting one.

“The bench was hot. It was really interesting to see the backand-forth between the bench and the attorneys,” Wallace noted. “Almost every judge got involved at some point.”

Following arguments, the justices joined the students and faculty in the lounge for a reception. Mr. Alegro notes that this part of the afternoon was his favorite.

“What I found to be the most interesting is the stark contrast between how the justices behaved while sitting for oral arguments and how they conducted themselves after the arguments were complete,” Alegro said.

He continued, “While sitting on the bench, they all have a strong, stern presence. It would seem however, that once those robes came off, they were all really fun and interesting people.”

Alegro even had an opportunity to interact with several the justices one-on-one.

“Justices Genovese, Crichton, and Clark were telling stories and jokes while enjoying some beers. Justice Weimer was very nice and wanted to know more about us.”

Overall, the reaction of LSU Law students to this real-life encounter with the Louisiana Supreme Court proved to be inspirational.

Mr. Wallace agrees. “Watching some of the attorneys struggle to answer the questions was a bit encouraging. The takeaway was that even people who have been in practice for a long time can struggle under the pressure of seven black robes.” https://www.lasc.org/about_the_court/faq.asp https://www.lasc.org/about_the_court/justices_bio.asp

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THE CIVILIAN | FEBRUARY 2017

Changing Tides in Immigration Campaign promises became reality when President Trump signed executive orders calling for immediate action towards strengthening our nation’s borders. President Trump cites an Brooklee Hurst influx of narcotics and Staff Writer gang-related activity coming from Mexico and other South American countries, as well as potential threats posed by the acceptance of Syrian refugees, to support his “rather safe than sorry” approach to our national security. However, President Trump’s executive orders received vehement backlash from a vast number of Americans.

Many view President Trump’s orders as an attack on the fundamental principles upon which our nation was founded.

Professor Darlene Goring, a professor of immigration law at the Paul M. Hebert Law Center, notes that his orders are inconsistent with the way our country has historically welcomed immigrants. Goring explains that our immigration policies have been neutral in regards to race and ethnicity since the mid-1900s, and it is troubling that President Trump is taking our policies back to a time where race and ethnicity are considered. According to Goring, there is an appropriate way to regulate the status of undocumented persons and grant them amnesty, but President Trump’s adversarial approach raises concern. Goring does not doubt that some aspects of his immigration orders may be lawful, but portions of the edict have already conflicted with

established law, leading the new administration to backtrack from some of their hardline policies.

On January 27th, President Trump signed an executive order, entitled "Protecting the Nation from Foreign Terrorist Entry into the United States," which temporarily halted immigration into the United States. The order stipulates that citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen who hold nonimmigrant visas or immigrant visas are not allowed entry into the United States for a period 90 days, with the exception of diplomats and officials travelling to the United Nations. Refugees from anywhere in the world are not allowed entry for 120 days while the government strengthens screening processes in order to safeguard the nation against possible terrorists. In addition, the order places an indefinite ban on refugees from Syria. Individuals with legal residency in the United States will be allowed to board flights and will be processed for a waiver upon their arrival. His order also requires interviews for all visa applicants at U.S. Embassies and consulates around the world.

On January 28th, the American Civil Liberties Union filed a writ of habeas corpus on behalf of two brothers with Iraqi visas who were detained in John F. Kennedy International Airport in New York City. In response to the suit, U.S. Federal District Judge Ann Donnelly granted an emergency stay on the immigration ban, ruling that individuals detained nation wide could not be forced back to their original destinations. On February 3rd, in response to a separate

suit involving detainees, U.S. Federal District Judge James Robart issued a restraining order to halt President Trump’s order nationwide and allow travel to proceed as it did before the immigration ban was executed.

The Department of Justice subsequently filed an appeal with Ninth Circuit Court of Appeals in San Francisco. On February 9th, a three judge panel presiding over the Ninth Circuit unanimously ruled to deny the Department of Justice’s request for an emergency stay, holding that the government failed to provide evidence that immigrants from the seven affected countries carried out terrorist attacks on U.S. soil. It remains to be seen if the Administration will further appeal the block on President Trump’s travel ban to the Supreme Court.

One of President Trump’s main focuses during his campaign was the construction of a physical wall between the US and Mexico borders. The President kept his promise and within a month of his presidency ordered the homeland security secretary to take steps to immediately plan, design, and construct a physical wall. As he vowed on the campaign trail, President Trumps intends to build the wall using federal funds, but later receive reimbursement from Mexico for its construction. In addition to the wall, the President has ordered the Department of Homeland Security to hire 5,000 additional border patrol agents and 10,000 additional immigration officers. These officers will be trained to detain, arrest, and search for believed non-citizens or non-nationals. CONTINUED ON PAGE 9...

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THE CIVILIAN | FEBRUARY 2017

LSU LAW HLSA welcomes LSU Law recently welcomed a burgeoning new organization to campus. The Hispanic Law Student Association (HLSA) was formed by a group of 3L students, Elisa Samaniego, Christian Ornelas, and Andrew Whall, who recognized a need for a Hispanic organization at the Law Center.

HLSA aims to encourage the participation of Hispanic law students in the legal comCody McElroy munity through professional development Staff Writer and networking opportunities. In addition, the organization holds events throughout the semester to foster the discussion of legal issues affecting the Hispanic community.

HLSA was in its early stages of conception when its current president, Tatiana Torres, 2L, inherited leadership of the organization in the spring of 2016. She subsequently completed the organization’s charter for submission and HLSA gained official status in the fall semester of 2016. HLSA is currently composed of approximately twenty members, and three officers: President Tatiana Torres, Vice President Carolina De La Pena, and Secretary Matthew Boles.

According to Torres, HLSA harbors two main goals: awareness and integration. Awareness involves the task of educating HLSA members and the PMH community about the federal, state, and local role in the Hispanic legal realm. Integration involves assimilating law students into the Hispanic legal community, especially those Spanish speakers who can utilize their bilingual abilities. Torres emphasizes that there are several upcoming HLSA events and encourages all students to attend, not just club members.

One such event took place on Monday, February 6th when HLSA hosted a presentation regarding the abolishment of the United States’s “Wet-Foot, Dry-Foot” Cuban immigration policy. Doctoral student Liz Lebron from LSU’s main campus presented compelling research on the history and repercussions of the legislation, which stipulated that Cubans intercepted at sea were to be sent back to Cuba, but allowed those who reached land to stay.

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On February 20th, HLSA will host a round table discussion with LSU Law’s Professor Aronson and Professor Goring on recent changes to immigration policies in the United States.

Torres explained that these events intend to expand awareness beyond national headlines, highlighting Louisiana’s state and local role in immigration.

Torres described a conference entitled, “The Louisiana and Cuba Connection,” hosted by the Petroleum Club of Lafayette last October as evidence of Louisiana-Cuban intimacy. The conference focused on re-establishing Louisiana-Cuban relations after the recent easing of relations between the United States and Cuba.

The pressing need for Spanish speakers in the legal community was evident in the lack of communication during disaster relief efforts for Katrina and the recent Baton Rouge floods.

Torres explained that undocumented aliens worked as day laborers in rebuilding efforts and many workers were not paid at all for their labor. Due to a lack of English proficiency and legal understanding, they were afforded no recourse in claims of unpaid wages. Torres emphasizes the need for Spanish speaking lawyers and law students to lend aid in these situations.

Torres also plans to work with the Hispanic Lawyers’ Association of Louisiana (HLAL) and Hispanic organizations at Tulane and Loyola in order to promote integration within the Hispanic legal community.

HLSA also hosts “Que Pasa?” events. Similar to Professor Moreteau’s bi-weekly, French-speaking meetings, Que Pasa’s are informal meetings held every two weeks to practice Spanish, at all levels. Torres brings Cuban coffee and “pan dulce” (sweet bread), writes a couple phrases on the board for the day, and picks a topic on a Spanish-speaking country for discussion. Que Pasa’s were held on Fridays at lunchtime in room W326B, but have moved to Mondays in room 108.

Membership to HLSA is open to all LSU Law students and the ability to speak Spanish is not a requirement. For additional information on HLSA and upcoming events, visit the HLSA Facebook page, send an email to HLSA at hlsalsulaw@gmail. com or stop by the organization’s website at http://sites.law. lsu.edu/hlsa/.

THE CIVILIAN | FEBRUARY 2017 IMMIGRATION CONTINUED...

This major dismantling and restructure of the nation’s immigration policies raises many questions and apprehensions. One question in particular concerns the policies regulating immigration from Cuba, specifically the ‘Wet-foot/dry-foot’ policy.

Under the old approach, any Cubans apprehended at sea by the Coast Guard were returned to the island (unless they made a credible case for asylum), while those who reached the shore were allowed to stay in the United States, enabling them to receive green cards after one year. Under the new policy, Cuban immigrants will be considered for asylum if they request it, but if not (or if they have no credible case), they will be deported to Cuba or kept in detention pending the resolution of their case.

and be placed on an accelerated path to citizenship, a privilege not granted to other immigrants who attempt entry without a visa. The notion of ‘illegality’ and the rhetoric surrounding the term historically has not applied to Cubans. In response to the abolishment of ‘Wet-foot/dry-foot,’ Many Cuban immigrants are now looking to President Trump to reenact the policy in order gain asylum in America, with the benefits previously afforded to them under prior administrations. In light of President Trump’s recent immigration policies, it is unclear how he will regulate the issue of Cuban immigration going forward.

President Trump’s swift implementation of his immigration agenda represents his first major battleground in a larger plan to reinvent Washington politics. While the initial wave of policy change triggered unrest across the country, the strength of the orders remains to be seen in context of three courtroom defeats. The fate of President’s Trumps immigration order will likely fall to our nation’s highest court, reserving the ultimate check of power to the independent judiciary branch.

Just days before President Trump’s inauguration, President Obama repealed the ‘Wet-foot/dry-foot’ policy. President Obama reasoned that improved relations with Cuba allowed Cuban immigrants to be treated the same as immigrants from around the world. Since 1995, the policy has afforded Cubans who reach American shores the right to stay in the country

April

FOOLS

We’re getting ready for our annual April Fool’s edition of the Civilian. Got an idea for a satirical story? Send your suggestions

EMOLUMENTS CONTINUED...

on the subject, President Trump’s attorneys may be entirely correct.

Professor Coenen speculated as to why the Emoluments Clause has not been contentious, historically speaking.

“My guess is that most prior presidents (and other executive officials) haven’t seen any upside to pushing the envelope on this issue, so there’s never arisen the opportunity for the courts to weigh in on the Emoluments Clause’s meaning.”

“It’s also worth noting,” Coenen continued, “that executive branch officials other than the president also have to comply with a variety of statutory conflict of interest restrictions.

Most past presidents, I suspect, would have wanted to avoid transactions that might give rise to even the faintest suspicion of foreign influence. Trump just doesn’t seem to care about the politics of the issue.”

In addition to the lack of guidance from the courts, the CREW complaint faces another hurdle. “I suspect the CREW case

to thecivilianlsu@gmail.com. will be dismissed for lack of Article III standing,” Professor Coenen explains.

For those of you who skipped that day in Con Law 1, Article III standing requires 1) injury in fact 2) causal nexus between conduct and injury 3) reasonable likelihood that injury will be redressed by favorable court decision.

“CREW’s theory of injury strikes me as too abstract and selfmanufactured to suffice under current Supreme Court case law,” Coenen explained.

Professor Coenen noted that all is not lost for those seeking to raise an Emoluments Clause challenge.

“I’d note that other parties, such as business competitors with the Trump Organization, would have a stronger claim of standing than the CREW plaintiffs, so it’s quite possible that some court will get to the merits of the Emoluments Clause issue, even if not in this case.”

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THE CIVILIAN | FEBRUARY 2017

SUNDAY FUNDAY Welcome back, PMHers! As you may have noticed, this edition of the Civilian is covering all things Valentine’s Day, so naturally my assignment was to embark on a pre-V-day date and review all the places and sweet gestures that went into making the most romantic date night ever! Whether you are going on your first date or four hundredth, there are always subtle things you can do to show that special someone just how much they mean to you.

Because V-day falls on a Tuesday this year, it’s likely that you too are opting to celebrate on a day other than the actual holiday. Honestly, I almost rather this; not only does it take a little of the cheese factor out of the whole outing, but it also opens up many more options reservation-wise. Because my boyfriend is on call the 14th, he had a massive flower arrangement delivered to my house asking if I would like to celebrate early.

Needless to say, I immediately said yes and was in major swoon-land all week.

However, if you’re in a long term relationship and find yourself sending flowers all the time, a great alternative is to pick up a gift card to your girlfriend’s favorite boutique and bring it over with a box of chocolates and a note telling her to go buy something nice for your upcoming date. This is a guaranteed

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with Schwab

winner because it not only shows that you actually listen when she babbles on about the best shopping spots in BR, but she’ll also have an afternoon of fun spending your money. What girl doesn’t love that!?

After settling on a night we had no other obligations and could have an entire evening to ourselves, our own personal Valentine’s Day finally arrived! My boyfriend spent the morning golfing which gave me the perfect opportunity to bop around town and find the perfect date night outfit. As always, I visited Rodéo, Posh, and Hemline, but ended up finding an amazing little navy Keepsake dress from Lukka, a boutique which is now a staple in the fashion community after coming under new management within the last year. Of course, I had to celebrate this shopping victory with a mani/ pedi at ZaZa, my all-time favorite nail salon which is located right across from Ivar’s. After flitting about town all day, I went home to get ready and wait on my sweet date to arrive.

Our first stop was for drinks at the Gregory, a restaurant and bar located in the brand new Watermark Hotel. The architecture and design of this building is both historic and unique as it was converted from an old bank to this new hotel and restaurant. The dramatically high

ceilings, opulent marble walls, and hand painted ceiling murals create a great atmosphere to imbibe pre-dinner. In keeping with the bougie feel of the Gregory, the drinks were small, strong, and unpriced. As they say, if you have to ask, you can’t afford it, so I wouldn’t recommend this place for those of us living on a budget.

After a tour of the building, we left the Watermark and walked down about 0.2 miles to Little Village where we had reservations. The key to dining at Little Village is requesting a window table as it is more private than the overcrowded wall booth at which they often try to seat young people. As always, my boyfriend ordered the same bottle of wine we had on our first date. This makes me giddy every time I see it being brought to the CONTINUED ON PAGE 11...

THE CIVILIAN | FEBRUARY 2017

FAKE Alternatives to

NEWS Alternative Facts There are very few things as American as the Bill of Rights.

The first of its kind, it has been quintessentially American.

Encapsulated in the Bill is everything that Jacob Longman made—and continues Staff Writer to make—this country the greatest nation on the planet. Notable, then, is the fact that the first of these Amendments deals explicitly with freedom of speech.

After the Presidential election, this has proven to be a serious issue. The true

effect that fact news had on the outcome of the election remains up for debate.1 What is not is the following: in the months running up to the election fake news stories outperformed real ones, generating almost a million more shares on social media than those written by organizations who employed factcheckers.2 In the run up to the election, conservative news consumers were the target. Post November 8th, liberals have become the new target audience.34 “There’s a lot of confusion and people are profiting from the confusion on all sides of the continuum,” Brooke Binkowski, the managing editor of Snopes, said in

1. https://www.washingtonpost.com/news/wonk/wp/2017/01/24/real-research-suggests-we-should-stop-freaking-out-over-fake-news/?utm_term=.66a8e92256a1 2. https://www.buzzfeed.com/craigsilverman/viral-fake-election-news-outperformed-real-news-on-facebook?utm_term=.qlWGQVXgv#.ohpvO69Zx 3. https://www.theatlantic.com/technology/archive/2017/02/viva-la-resistance-

an interview.5 Snopes, for those who may not know, is rumor debunking site.

Like most things that depend on veracity for credibility, Snopes relies on the fact that it cites its sources—in public—to prove to users that the website itself is reliable. As a hard line rule, this is also the difference between major news organizations, such as the Associated Press, Wall Street Journal, New York Times, and NPR and other “news” websites. It’s why corrections are published in their editions and why fact checkers have jobs on their payroll. This distinction makes information in traditional news outlets inherently more credible than informa CONTINUED ON PAGE 13...

content/515532/ 4. http://www.npr.org/sections/alltechconsidered/2016/11/23/503146770/npr-findsthe-head-of-a-covert-fake-news-operation-in-the-suburbs 5. https://www.theatlantic.com/technology/archive/2017/02/viva-la-resistancecontent/515532/

TIPS TO SPOT FAKE NEWS Check the URL SUNDAY FUNDAY CONTINUED...

Look for quotes

table because it reminds me of those two lovesick puppies we once were. Although we have dined at Little Village a thousand times, coming to this downtown spot never gets old but, really for only for one reason: THE VILLAGE BREAD. If you haven’t had it, you haven’t lived. This famous garlic and tapenade breaded appetizer is really what the place is known for, and honestly, I would get my own personal loaf and order a salad for my main entrée if Drew, my boyfriend, would let me. However, if your date would rather you order “real” food like mine, I recommend a classic Italian pasta or chicken dish. Because the steak and fish here is very hit and

Reverse Image Search

miss, I tend to steer clear of both.

If you aren’t nauseated by the cuteness already, the rest of the date certainly will make you sick, so I’ll just end it here.

Regardless of how you choose to spend this special celebration of love, all that really matters is you make it special and personal to your own relationship. Because I subscribe to the belief that all types of love should be celebrated all days of the year, I find that there’s something about tapping into your creative and thoughtful side that is actually really fun. Have at it, people!

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THE CIVILIAN | FEBRUARY 2017

WHAT’S NEW BATON ROUGE

MR.

With Hallmark’s favorite holiday around the corner, one can expect to see PMH’s finest dining across Baton Rouge’s favorite restaurants. While many couples will choose a favorite or Hunter Odom often-frequented spot, Columnist some will, undoubtedly, be at the mercy of their significant other’s choice and might find themselves in the unknown territory of an unfamiliar restaurant.

Ordering at an unfamiliar restaurant is a lot like sailing in uncharted waters-- it can be exhilarating, but also extremely dangerous. The fate of a passage or evening can depend on a proper course heading or wise menu selection.

Choosing the wrong course is a sure way to running the evening aground. Absent prior experience with a restaurant, one must rely on secondhand knowledge and his own intuition to keep the night afloat.

It can be a daunting experience. Alas, take comfort in employing the safe-harbor provisions below to ensure a proper track through the uncharted waters of an unfamiliar restaurant’s menu.

1. Ask around It is never too early to start thinking about what to order at a restaurant. Tripadvisor, Urbanspoon, etc. are all great resources to employ prior to a dining experience. However, keep in mind that restaurants can just as easily Google and 12

create their own bogus reviews. It is safer to ask those sailors you know are worth their salt and have experienced the restaurant firsthand.

2. Check your surroundings From the moment you arrive at the scene, climb the mast to the crow’s nest and start scanning the restaurant for tell tail signs. Like shoals breaching the water’s surface, keep a weather eye for window stickers, street signs, and chalkboard specials. Leave no stone unturned.

Once seated, make sure to analyze each page of all available literature. Don’t feel confined to just those menus served to you. Look around for bar or brunch menus and waiter trays being served to other tables. If you see a dish that looks like a winner, don’t be afraid to shout at the guy to ask what he ordered. There is no bigger compliment to a sailor than asking him which heading he chose.

3. Look to the “Pole Position” A proper compass heading moves a ship quickly and safely through a narrow passage. After becoming familiar with all potential choices a restaurant has to offer, one must begin to narrow them down. Be careful to take into account all considerations.

Like channel markers, menu items are strategically placed

?

to dictate which direction a ship should travel. First, look for those selections in the “pole position.” Often front-andcenter, these are traditionally the dishes that are the most popular and the safest bets. However, being the most popular does not necessarily mean a certain choice is the best. One must consider the motivation for a restaurant placing an item in its menu’s most coveted spot.

Agreed, it makes sense for a restaurant to place their best dishes in the spot most likely to catch a patron’s eye, but one must also consider what a restaurant stands to gain by that item’s selection. A patron must remain wary of profit margins, shelf lives, and prep time for each item. For example, seafood pasta is an item often found in a menu’s pole position. While it may seem like a deadlock, pasta lasts forever and costs a restaurant almost nothing to make.

This leads to wide profit margins, especially when one can count on two hands the number of shrimp tails floating in the sea of fettuccini noodles.

THE CIVILIAN | FEBRUARY 2017

FAKE NEWS CONTINUED...

tion procured from less traditional or alternative ones.

Fake news, like traditional, or actual news, is a business. A recent NPR story found that the owner of NationalReport makes between 10,000 and 30,000 dollars a month in advertising revenue.6 News was not always a business. Before 24 hours news networks, the “Big Three” dominated television news.7 ABC, CBS, and NBC all produced prime-time news of the day—at a loss.8 At the time, it was the major network’s business model to subsidize the news division with their entertainment ones.

With the introduction of shows like “60 Minutes” all of this changed.10 Now news programs were expected to compete for viewers, similar to the entertainment division.11 This emphasis on the bottom line has driven sensationalized coverage and resulted in a 24 hours news cycle that jumps from crisis to crisis.

Despite the divisive nature of media and the emergence of fake news outlets, there are still ways to sift through the political double talk. Although citizens may have to take a more active role in analyzing their media intake, there are several sources, which give Americans the power to drown out the click bait.

At a minimum, if a claim raised in a news article seems overblown or suspicious, run it by a fact checking website. Politifact won a Nobel Prize for its coverage of the 2008 election and primarily checks political claims made by politicians at the local, state, and federal level. Other reputable sites include Factcheck.org, the Sunlight Founda-

6. http://www.npr.org/sections/alltechconsidered/2016/11/23/503146770/npr-finds-the-head-of-acovert-fake-news-operation-in-the-suburbs 7. http://niemanreports.org/articles/the-transformation-of-network-news/ 8. Id. 9. Id.

tion, Open Secrets, and Snopes.

It is important to remain alert when reading an article from a questionable source. Melissa Zimdars, assistant professor of communication and media at Merrimack College, and Alexios Mantzarlis, director of the International FactChecking Network at Poynter, agree on a few best practices to employ when reading online articles.12 First, pay attention to the domain and the URL. Sites with such endings like ‘.com.co’ should raise red flags. Often times, fake news sites will closely copy a legitimate news source, only changing the URL slightly (i.e. abcnews.com v. abcnews. com.co). In addition, look for quotes.

Most news outlets have multiple sources for an article who are professionals or hold expertise in the topic at issue. If quotes are lacking and the claim is serious or controversial, more research is required.

Another skill to implement is the reverse image search. The writers of fake news stories are not likely to take their own pictures to accompany the article.

Reverse image search the picture by right-clicking on the image and choosing to search Google for it. If the image is appearing on a lot of stories about several different topics, there’s a good chance it’s not actually an original image of what it purports to be in the article.13 While it may seem impossible to slow down the influx of fake news stories, readers can arm themselves with the tools to decrease the spread of this false content. As goes the proverb, “If it seems too good to be true, it usually is.”

10. Id. 11. Id. 12. http://www.npr.org/sections/alltechconsidered/2016/12/05/503581220/fake-or-real-how-to-selfcheck-the-news-and-get-the-facts 13. Id.

WHAT’S NEW CONTINUED...

4. Ask the guy who has a vested interest Before adjusting your sails and setting your course, ask your waiter for his/her opinion. Some recommend asking servers to identify the most popular dishes, but I have found that asking their personal preference is more beneficial for many reasons. First, they almost always volunteer the “most popular” dish upon this inquiry. Second, showing interest in his opinion puts you on his good side, which usually leads to a more pleasant and efficient serving experience. Third, his tip is riding on you enjoying your dining experience so the dude has a vested interest in making sure you receive good food.

Fourth, and most importantly, this guy works here and most likely has spent more time exploring and experimenting with each menu item than even the most frequent regulars. He is not confined to just the menu selections. He can suggest combinations of courses or off-themenu items, which often prove to be the best option (exhibit A: $1 Rodeo Burger at Burger King).

5. Trust your intuition Jimmy Buffett once said, “forget that blind ambition and learn to trust your intuition.” At the end of the day, no one knows a ship better than its captain. Thus, the captain knows the best route for his ship, so trust your gut.

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THE CIVILIAN | FEBRUARY 2017

STUDENT

Spotlight SHAREDALAL

SOHIL

Sohil Sharedalal (Share-da-lawl) had never been to Louisiana before he came for 1L orientation.

His unbridled enthusiasm for the law and excitement to start the Patrick Schmidt next chapter of his life Columnist was met with the worst flooding the Baton Rouge area has received in years. To continue that warm welcome, he sat down with me for an interview.

A: I’d probably say ACJ. It’s very interpretative of the law and it’s not very straightforward. There’s not always a clear-cut answer, which I like.

Year: 1L Section: 3 Relationship Status: in a relationship Hometown: Queens, NY

Q: When did you learn to drive?

A: We took the train everywhere. I learned how to drive when I was 17, but I didn’t actually drive full-time until I was a junior in college.

Q: What attracted you to law school and/or LSU? A: Because I wanted to, I’m a pretty random person.

Q: What is the biggest difference liv-

Q: What has been surprising about your law school experience so far?

A: It’s sometimes pretty easy to be lulled into a sense of security. You will wake up one day thinking law school is not that bad, but then the next day you will go to class and be completely lost. Definitely not used to studying as much as I have had to do.

Q: What class do you most look forward to? Why? 14

Q: What do you enjoy doing outside of law school?

A: I’m big into music. Coming from New York, I have a lot of friends in the media industry. I played the cello until I started college. I had to make the decision between playing full time or swimming in college so I ended up putting cello on the back burner for a little bit, but I hope to get back into it.

ing in the south versus up north?

A: For starters, the fact that we can sit outside right now in shorts, and definitely the Cajun food here that you can’t get in New York.

Q: Whose accent do you prefer?

A: Well I like New York rap more than Southern rap, but I don’t think I really have a preference.

Q: What was your major in undergrad?

A: I started out at Buffalo as a business major, but then transferred to Binghamton and majored in philosophy with a pre-law focus.

Q: How did you get into swimming?

A: In my sophomore year in high school, I took a class and got really into it. I joined a club team the following summer and eventually got recruited for college.

Q: Lochte or Phelps?

A: Definitely Phelps, he’s the GOAT. Q: Where is your favorite place to go to in Baton Rouge?

A: Happy’s downtown. There is a big patio in the back that reminds me of my favorite beer garden back home.

Q: Do you have any special Valentine’s Day plans?

A: Might get my girlfriend Chipotle.

Might even add guac, knowing full well it’s extra.

CONTINUED ON PAGE 15...

THE CIVILIAN | FEBRUARY 2017

WITH PREJUDICE If there is one thing that the New England Patriots have taught us, it is that you need to run the football. Whether you are at the goal line with seconds left and have a skittles-craving beast in your backfield or are up a score in field goal range in the fourth, you need to run the football. Being ever-diligent law students, the members of LSU Law’s football club will take those lessons learned to the gridiron come high noon on February 18 at Memorial Stadium for the annual Barrister’s Bowl.

In this titanic clash of the purple and gold squads, there will be winners and losers.

It can be a statistic-driven game and the most miniscule of details can determine the outcome. So to help those gamblers out there avoid having to coach an innercity baseball team to recoup their losses on the game, I have developed a highly complex football algorithm that has been refined and meticulously tested through the twelve previous years of the game’s existence. It is akin to the NFL’s passer rating statistic in that there are several memorable factors that comprise it, but no one is really sure how it is calculated or what to make of it. The below listed categories are multiplied, added, and square-rooted with a little SOHCAHTOA calculation somewhere in there to allow us to finally arrive at each team’s SPOTLIGHT CONTINUED...

Q: What is the most romantic thing you’ve ever done?

A: Probably hold a girl’s hair while she threw up, and tell her it’ll be alright.

Q: What is the worst pickup line you’ve ever used?

A: I “accidentally” left my laptop in

SCARS rating. Every player that participates in the annual game, whether they would like to admit it to themselves or not, falls into one of these categories similar to a Myers Briggs Personality Test.

Serviceable Role Players:

This is the heart of the team right here.

These are your unsung heroes, who show up to practice and do their job. Yea, they are not going to get any glory, but these guys are critical.

Cuz I’m a 3L:

Then you have the guys that are going to see the field just because they know more people. The better 1L and 2Ls are not going to say anything to them, but everybody knows what is going on.

These guys usually occupy one of T.O.’s personalities in that they can be team cancer or just really love their quarterback.

Athletes:

There are guys who did not play much tackle football when they were younger, but are athletes and can still go make something happen out there. This is the category that 99% of players place themselves; unfortunately, law school has taught us many things but selfawareness is not always one of them.

Refined Athletes:

Contrary to popular belief, there are some actually good football players that participate in the game. These are guys that played several years of football, were pretty good in their day, and have somehow managed to not fall completely out of shape or have fallen out of shape but can still manhandle a bunch of law students.

Sure I’ll Play:

Lastly, each team has a few guys who do not seem that into it. They know and you know that they are not going to be playing much, if at all. Reasons for playing could include boredom, camaraderie, resume building, who really knows, but they are there.

No matter what category each guy falls in, they should be commended for participating. It is not always convenient to go to practice at 7pm every night and many people will have “The Bachelor” realization at some point that this might not have been for them after all. Regardless, it is one last shot to relive the glory days and perhaps seriously injure yourself in front of your family and friends.

What more could you ask for? The winning team will have the higher SCARS rating and will likely have figured out what Atlanta and Seattle could not. You need to run the football.

my now girlfriend’s apartment.

days.

Q: What would you be doing right now, if you didn’t go to law school?

A: I actually told my parents one time that I’d be fine with disappearing and being a fish farmer in Cancun if all else fails. Still an option I consider on bad

Q: Where do you see yourself in 10 years?

A: Hopefully living something like Ari Gold’s lifestyle. I want to go into sports entertainment and media law.

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THE CIVILIAN | FEBRUARY 2017

How Do I Loathe Thee?

(A Common Hatred in a Civil-Law School) Megan Rials Staff Writer

How do I loathe thee? Let me count the ways.

I loathe thee in the classroom, as we duck from cold-calling.

I loathe thee to the breadth and scope and might

I loathe thee with the rage Levasseur reserves

My exam lengths can reach, when feeling out of fight To the ends of my being and from our hurried pace.

I loathe thee to the depths of every day’s Most draining reads, by weak morning sun and late into each night.

I loathe thee in the library, as my classmates for coffee strive.

For Civil Code comments and Louisiana common lawyers.

I loathe thee with a hatred I thought I would lose After 1L year’s misery was not lost. I loathe thee and the cases, Briefs, outlines, of my law school life; and, if Dean Galligan signs my certificate, I shall but loathe thee more after I graduate.

Megan Rials

Barrister’s

Ball Friday, March 10th 8pm-12am

Club XO 16