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]

Continue reading

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?

Continue reading

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

Season IV, Episode 1 of the Legal Ease Out Now!

Show Description

In the first episode of Season Four, host Catherine Briley takes a chance on discussing Murphy v. National Collegiate Athletics Association, the Supreme Court’s decision holding a federal ban on legalized sports betting unconstitutional, and its potential effects on Louisiana with Paul West, a professor of Gaming Law at the Paul M. Hebert Law Center. She also checks in with MJ Hernandez, the new Editor in Chief of the Louisiana Law Review to discuss his goals for Volume 79.

Music Credit: Professor Wendell Holmes and the Holmes Family Band

Volume 79 Junior Associates Announced!

The Editorial Board of Volume 79 of the Louisiana Law Review is proud to announce and congratulate those students who have been accepted as Junior Associates for Volume 79. We received many excellent applications this year, and we would like to thank all of the students that applied. The following new Junior Associates have demonstrated great talent, and we look forward to working with them this upcoming year. Please join us in congratulating them on their efforts.

Volume 79 Junior Associates

Taylor Ashworth

Luis Balart

William Bell

Monica Bergeron

Sam Boyer

Edward Brummal

Bethany Bunge

Hannah Catchings

Sophie Diloreto

Emily Gauthier

Maci Gauthier

Hunter Hewell

Harrison Martin

Hannah Mayeaux

Caroline McCaffrey

Elias Medina

George Mixon

Madeleine Morgan

Melissa Oakley

Delery Perret

Michael Schimpf

Claire Schnell

Steven Spires

Cecilia Vazquez

Meredith Will