Junior Associates Selected for Publication in Volume 82 Announced!

The Louisiana Law Review Volume 81 Board of Editors is proud to announce the Junior Associates selected for publication in Volume 82. The decision process was extremely difficult this year because of the number of well-written student pieces.

Since 1938, the Louisiana Law Review has served as Louisiana’s flagship legal journal and has become a vibrant forum for scholarship in comparative and civil law topics. The Law Review currently ranks in the top 200 student-edited journals, and among the top 50 journals for the highest number of cases citing to a law review. Louisiana Law Review scholars have been recognized around the world for their contributions to both common and civil law doctrine. Publication with the Louisiana Law Review is an incredible honor, and we congratulate those selected for publication. 

Heidi Bieber – Leaving it up to Chance: Problems with the H-2B Statutory Cap on Visas

Madeleine Breaux – Omnipotent Doctrine of Law: The Ministerial Exception after Our Lady of Guadalupe School v. Morrissey-Berru

Andrew Chenevert – Tipping the Cap to Practical and Equitable Considerations: Should the Fifth Circuit Apply 11 U.S.C. § 502(b)(6)’s Cap to Non-rent Damages?

Gabrielle Domangue – Permitting Gross Ups for Title VII Back Pay Awards: A Gross Tax Issue

Natalie Earles – The Great Escape: Exploring Chapter 11’s Allure to Mass Tort Defendants

Sara Grasch – Resolving Louisiana’s Precarious Position on the Sale of Movable Things by Precarious Possessors

Olivia Guidry ­– Res Judica-duh! The Preclusion Revolution: Does Louisiana Code of Civil Procedure Article 425 Operate as a Claim Preclusion Device that Allows Defendants to Avail Themselves of Judgments to Which They Were Not a Party?

Emma Looney – You Can Go Your Own Way: The Failings of Teague v. Lane and Why Louisiana Should Create Its Own Retroactivity Standard

Cullen McDonald ­– The Qui Tam Question: Proper Pleading Requirements for Relators Under the FCA

Victoria Montanio ­– Finally, Some Clarity: Why Statutory Withholding Orders are not Final Orders of Removal Under the Nasrallah v. Barr Analysis

Chaz Morgan – TOPSy-Turvy: The Taylor Opportunity Program for Students Homeschool Discrimination Contradiction

Brad Oster – Reigning In Regulatory Overreach: FERC’s Role In Bankruptcy

Harper Street – Breaking the Chains of a Habitually Draconian Penal System: An Examination of Louisiana’s Habitual Offender Statute with Recommendations for Continued Reform

Casey Thibodeaux – It’s What You Said and How You Said It: The NLRB’s Attempt to Separate Employee Misconduct from Protected Activity in General Motors LLC

Christopher Vidrine – The Zoom Paradox: Schrodinger’s Witness

Andrew Young – Enough with this B-S Standard: Resolving Louisiana Courts’ Problematic Application of a Burden-Shifting Standard in Slip-and-Fall Cases Against Medical Institutions

2019-20: We the Jury

Program Description

On Friday, January 31, 2020, the Louisiana Law Review and the Pugh Institute for Justice will present We The Jury: Conversations on the American Jury’s Past, Present, and Future in the McKernan Auditorium at the LSU Law Center.

The Louisiana Law Review’s 2020 Symposium explores the American jury’s history, contemporary challenges, and future role. Legal practitioners and scholars from across the country, as well as locally, will discuss and analyze a variety of issues relating to the history of the jury, jury selection and representation, the Sixth Amendment and non-unanimous juries, as well as the role of the jury as a political and cultural institution.

The Symposium features renowned scholars and academics, including Professor Shari Seidman Diamond, Professor Paul Finkelman, Professor Daniel S. Harawa, Professor Alexis Hoag, Professor Brooks Holland, Professor Mary Graw Leary, Professor Renée Lettow Lerner, Professor Nancy S. Marder, Professor Gregory Parks, Paula Hannaford-Agor, C. Renée Manes, and local judges and lawyers, including Judge Piper D. Griffin, Harry J. “Skip” Philips, Jr., J.E. Cullens, Jr., William Snowden, and Sam Crichton. LSU Law Center professors will moderate panels of scholars and practitioners in addressing these issues.

The Law Review Symposium is free and open to the public and can count for up to 7.5 hours of CLE Credit (CLE Course Title: We the Jury: Conversations on the American Jury’s Past, Present, and Future; Course #: 5170200131).

Registration Link: https://www.law.lsu.edu/forms/symposium/
LSU Law Symposium Website Link: https://www.law.lsu.edu/symposium/

Registration and Breakfast 8:00 – 8:20 A.M.
Opening Remarks – Lee Ann Wheelis Lockridge, LSU Law Interim Dean, David Weston Robinson Professor of Law, and McGlinchey Stafford Professor of Law 8:20 – 8:30 A.M.
Panel 1 – Historical Perspectives

Moderated by Professor Raymond T. Diamond, Jules F. and Frances L. Landry Distinguished Professor of Law and James Carville Alumni Professor of Law, LSU Law Center

PRESENTERS:

Paul FinkelmanPresident of Gratz College

Renée Lettow Lerner, Donald Phillip Rothschild Research Professor of Law, George Washington University Law School

8:30 – 9:30 A.M.
Break 9:30 – 9:40 A.M.
Panel 2 – “An Impartial Jury”

Moderated by Professor Melissa T. Lonegrass, Harriet S. Daggett – Frances Leggio Landry Professor of Law, Bernard Keith Vetter Professor in Louisiana Civil Law Studies, and Wedon T. Smith Professorship in Civil Law, LSU Law Center

PRESENTERS:

Alexis HoagPractitioner-in-Residence, Eric H. Holder Jr. Initiative for Civil and Political Rights, Lecturer, Columbia Law School

Gregory ParksProfessor of Law, Wake Forest University Law School

Daniel S. HarawaAssistant Professor of Practice, Director, Appellate Clinic, Washington University School of Law

Brooks HollandProfessor of Law, Donald J. and Va Lena Scarpelli Curran Faculty Chair in Legal Ethics and Professionalism, Director, Global Legal Education, Gonzaga University School of Law

Sam CrichtonAssistant District Attorney, Caddo Parish

9:40 A.M. – 12:10 P.M.
Lunch 12:10 – 12:50 P.M.
Panel 3 – The Jury as a Political and Cultural Institution

Moderated by Associate Professor of Law Raff Donelson, LSU Law Center

PRESENTERS:

Shari Seidman DiamondHoward J. Trienens Professor of Law, Professor of Psychology, Director, JD/PhD program, Northwestern University, Pritzker School of Law

Nancy S. MarderProfessor of Law, Director, Justice John Paul Stevens Jury Center, Chicago-Kent College of Law

Paula Hannaford-AgorDirector, Center for Jury Studies, National Center for State Courts, Adjunct Professor of Law, William & Mary Law School

Mary Graw LearyProfessor of Law, Catholic University of America, Columbus School of Law

12:50 – 2:50 P.M.
Break 2:50 – 3:00 P.M.
Panel 4 – Perspectives on Ramos v. Louisiana

Moderated by Professor Robert E. Lancaster, J. Nolan and Janice D. Singletary Professor of Professional Practice, Judge Earl E. Veron Professor of Law, and Director of Clinical Legal Education, LSU Law Center

PRESENTERS:

William SnowdenDirector, Vera Institute of Justice, New Orleans Office

C. Renée ManesAssistant Federal Public Defender, Office of the Federal Public Defender, District of Oregon

3:00 – 4:00 P.M.
Panel 5 – Louisiana’s Civil Jury Threshold: A Roundtable Conversation

Moderated by Judge Guy P. Holdridge, Louisiana First Circuit Court of Appeal, Adjunct Professor of Law, LSU Law Center

PRESENTERS:

Piper D. GriffinJudge, Civil District Court, Orleans Parish

Harry J. “Skip” Philips, Jr.Partner, Taylor, Porter, Brooks & Phillips, L.L.P., Adjunct Professor of Law, LSU Law Center

J.E. Cullens, Jr.Member, Walters, Papillion, Thomas, Cullens, LLC, Adjunct Professor of Law, LSU Law Center

4:00 – 5:00 P.M.

Junior Associates Selected for Volume 80

We would like to extend our congratulations to the Louisiana Law Review, Volume 80 Junior Associates. It is a great honor to be selected as a Junior Associate, and we are very excited to introduce Volume 80 to LSU Law faculty, staff, and students.

The Louisiana Law Review Editorial Board and Senior Associates welcome the following:

Ani Boudreaux

Kristyn Couvillion

Andrew Crayden

Kendall Dicke

Emiley Dillon

Braxton Duhon

John Frey

Katherine Fruge

Danielle Grote

Mallory Guillot

Emily Hickman

Addison Hollis

Elyce Ieyoub

Andrew Jarreau

David Judd

Zachary Lester

Braedon Morrow

Benjamin Parks

Hayden Presley

Luke St. Germain

Max Sternberg

Virginia Stewart

Melanie Tate

Laura Tracy

Brittany Williams

Louisiana’s Lorax: The Timber Trespass Statute

by Kyle Townsley, Senior Associate

I. Introduction[1]

Two neighbors share a property line that is demarcated by a line of trees, bushes, and other foliage. The neighbors live at peace until one day when one neighbor (“Neighbor A”) clears the trees, bushes, and other foliage located on the property line without giving notice or obtaining permission from the other neighbor (“Neighbor B”). As one might imagine, Neighbor B was taken by surprise and upset about the removal of the natural barrier separating his property from that of his neighbor. Neighbor B measures his property and has it surveyed. Neighbor B determines that portions of the natural barrier of trees and bushes that Neighbor A cut were located within the boundaries of his property. Out of Neighbor B’s animosity toward Neighbor A, Neighbor B files a lawsuit against Neighbor A for the clearing of the natural property barrier. Unbeknownst to Neighbor A, he may be liable for triple the amount of damages typically associated with cutting such foliage and attorneys’ fees because of the Louisiana Timber Trespass Statute (“Timber Statute” or “the statute”).[2] At the conclusion of the lawsuit, Neighbor A is held liable for treble damages for the foliage that he destroyed.[3]

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Get Ready for an Intervention: Expanding the Right to Intervene in Proceedings to Terminate Parental Rights

by Emily Gauthier & Henry S. Rauschenberger

Introduction: One of Many

When he was only eight years old, the State of Louisiana placed Rashaad Piper in foster care, removing him from an abusive home. From age 8 to 18, Rashaad remained under the care of multiple foster parents until he aged out of the foster care program. Rashaad is one of many Louisiana children who suffer abuse at the hands of his parents before the State is able to bring an action to terminate the parents’ rights.[1] But, what if the State was not the party to bring the action to terminate parental rights? If Rashaad’s foster parents were the party to bring the original action, could the State intervene in the case as an interested party?

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