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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Junior Associates Selected for Publication in Volume 80

The Louisiana Law Review Volume 79 Board of Editors is proud to announce the Junior Associates selected for publication in Volume 80. Because we received many well-written student pieces this year, the decision process was very difficult. Publication with the Louisiana Law Review is an incredible honor, and we congratulate those selected for publication.

 

Luis Balart –  Having Your Cake and Eating It, Too: Using FRCP 53 Special Masters in Daubert Hearings to Encourage Scientific Analysis of Scientific Methodology

Will Bell –  Why Louisiana Code of Civil Procedure Article 966(G) Creates Absurd Results Regarding A Defendant’s Right to Appeal Adverse Judgments

Monica Bergeron –  Second Place Isn’t Good Enough: Achieving True Reform through Expanded Parole Eligibility

Sam Boyer –  From Deepsouth to WesternGeco: How Narrow Loopholes in Patent Law Stem from Humble Beginnings and Continue to Mystify the Nation’s Highest Court

Hannah Catchings – Recategorizing Embryos in the 21st Century: A “Modern Family” Issue

Emily Gauthier – Let Louisiana’s Bastards Beat the Clock: It’s Time to Amend Article 197

Harrison Martin –  Please Hold Your Applause: How Clapper v. Amnesty International USA Deters Data Breach Litigants from Seeking a Judicial Remedy

Caroline McCaffrey – Fairly Exposed: A Proposal to Improve the Reasonableness Standard for Digital Forensic Searches at the Border

Elias Medina –  Recognizing the Need to Recognize: A Proposed Foreign Judgment Recognition Statute and a Procedure for Enforcement in Louisiana

Madeleine Morgan –  Rehabilitating Louisiana’s Lost Chance Doctrine: Burchfield v. Wright and the Need for Medical Expenses

Delery Perret –  An Unforeseen Problem: How Gertz Failed to Account for Modern Media and What to Do Now

Michael Schimpf –  Le Deuxieme Grand Derangement: Expelling Louisiana’s Taking of Private Property Through Article 450

Claire Schnell –  There Must be a Better Way: Analyzing Louisiana’s Sales Tax System in the Wake of South Dakota v. Wayfair Inc.

Steven Spires –  Misuse of the “Reasonably Anticipated Use” Standard in Louisiana Products Liability Act Jurisprudence

Cecilia Vazquez –  The Sharing Revolution: Changing Times Calls for Clarifying Tort Liability

Meredith Will –  Screeches from the Red Hen: Public Accommodations Laws and Political Affiliation Discrimination in the United States and Louisiana