a student publication for the lsu law center …feb 08, 2015 · acj ii 5401 daniel & moreau 3...

CIVILIANCIVILIANTHE

A STUDENT PUBLICATION FOR THE LSU LAW CENTER COMMUNITYFEBRUARY 2016 | VOLUME 12 | ISSUE 6

SUPREME COURT CASE OUT OF LOUISIANA TO GIVE YOUNG MURDERERS A SECOND CHANCE AT FREEDOM

MONTGOMERY v. LOUISIANAMONTGOMERY v. LOUISIANA

PICTURED TOP LEFT AND BOTTOM RIGHT, PHOTOS OF HENRY MONTGOMERY FOUND IN BATON ROUGE NEWSPAPER,1963; TOP RIGHT AND SECOND PAGE, ILLUSTRATION OF KYLE DUNCAN AND MARK PLAISANCE, RESPECTIVELY, DURING ARGUMENTS IN MONTGOMERY V. LOUISIANA,

BY SUPREME COURT CARTOONIST OR “COURTARTIST” ARTHUR LIEN; BOTTOM LEFT, PHOTO OF SCOTUS BUILDING BY ALEX BRANDON/AP.

Halee SnellgroveMaturin

Staff Writer

In 1963, here in East Baton Rouge, 17-year-old Henry Montgomery was found guilty of murdering a police officer, Charles Hurt. While he was initially sentenced to death, the judge

declared a mistrial and as a result of this second trial, Montgomery was found guilty without capital punishment. Under then-existing Louisiana law, this verdict required the trial court to impose an automatic sentence of life imprisonment without parole.

Almost 50 years after Montgomery’s life sentence, the United States Supreme Court decided the case of Miller v. Alabama, in which they held that imposing mandatory sentences of life imprisonment without parole for juvenile homicide offenders violates the 8th Amendment’s protection against cruel and unusual punishment. Miller now requires that sentencing courts consider the juvenile’s age, diminished culpability, and heightened capacity for change and reform when determining their sentence.

SCHEDULING GUIDE! FALL 2016

T H E C I V I L I A N | F E B R U A R Y 2 0 1 6

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Once the Court published their opinion in Miller, Montgomery sought collateral review of his life sentence in Louisiana courts. Montgomery argued that Miller should be applied retroactively to his case, as the holding in Miller made his mandatory sentence of life without parole illegal. The Louisiana state trial court and supreme court both denied his motion for collateral review, so the United States Supreme Court granted certiorari. After hearing oral arguments from both parties in October 2015, the Supreme Court, in a 6-3 decision written by Justice Anthony Kennedy and announced on January 25, 2016, held that Miller v. Alabama established a substantive rule of constitutional law and as such, Miller should be applied retroactively to all cases where a juvenile homicide offender was given a mandatory sentence of life without parole.Montgomery v. Louisiana presented two major issues to the Supreme Court: 1) Does the United States Supreme Court have jurisdiction to decide whether the Supreme Court of Louisiana correctly refused to give retroactive effect to Miller? 2) Does Miller adopt a substantive rule that applies retroactively on collateral review to people condemned as juveniles to die in prison?The resolution of the first issue relied on the 1989 case of Teague v. Lane, in which the Supreme Court held that courts must give retroactive effect to new substantive rules of constitutional law. When a new substantive rule of constitutional law controls the outcome of a case, as it would here, the Constitution requires state collateral review courts to give retroactive effect to that rule, regardless of when the conviction in that case became final. A conviction that was imposed in violation of a substantive rule is not just erroneous but is contrary to current law and, as a result, is void. Therefore, if in deciding the second issue, the Court in this Montgomery case decided that the law created in Miller was a substantive

rule, then all state courts would have to enforce it retroactively. As quoted by Justice Kennedy, “there is no grandfather clause that permits States to enforce punishments the Constitution forbids.” Montgomery’s main claim is that Miller announced a substantive constitutional rule, and that the Louisiana courts erred by failing to recognize the rule’s retroactive effect. The majority decided that the Supreme Court has jurisdiction to review the Louisiana courts’ determination and decide whether or not the rule created in Miller is procedural or substantive.The second issue of Montgomery v. Louisiana is centered around what type of rule Miller v. Alabama created – a procedural rule or a substantive one. To answer this, you must first understand the reasoning behind the Court’s holding in Miller. The main logic behind the Court’s banning mandatory sentences for life without parole was that children are constitutionally different from adults for purposes of sentencing. Children lack maturity and have an underdeveloped sense of responsibility, which leads to acting on impulses, increased risk-taking, and recklessness. Children are also more vulnerable to negative influences and pressures, as well as

lacking the ability to remove themselves from crime-producing settings and home life. In addition, a child’s character is not as well formed as an adult, which leads to the conclusion that a child may not be irreparably damaged and depraved and that rehabilitation is more plausible with a child than with an adult.On top of that argument, the Court also found that there was a lack of strong justification for the mandatory sentence of life imprisonment without parole. The argument of retribution is directly linked to the concept of the offender’s blameworthiness, and this concept of blame is not nearly as strong when the offender is a juvenile. The deterrence approach is diminished by the lack of impulse control that children possess, because their impulsivity makes them less likely to consider potential punishment before acting. Finally, the rehabilitation argument is non-existent, since these offenders are going to spend the rest of their lives in prison and therefore have no societal need for rehabilitation. When a punishment has no justification behind it, it cannot be constitutionally enforced. In Miller, the Court rendered life without parole an unconstitutional penalty for a class of defendants because of their


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status as juvenile offenders whose crimes reflect the transient immaturity of youth. Miller is thus retroactive because it necessarily carries a significant risk that a defendant (in this case, a juvenile homicide offender) faces a punishment that the law cannot impose on him. In this case of Montgomery v. Louisiana, Louisiana argued that Miller established a procedural rule, not a substantive one, because it required courts to enact the procedure of considering an offender’s age when sentencing him to life in prison. However, the Court rejected this argument and held that Miller primarily established a substantive rule and, then, as a secondary holding, Miller provided the procedural safeguards to ensure that the substantive rule is met. In deciding the second issue, the Court held that Miller established a substantive rule of constitutional law when it held that the punishment of mandatory life imprisonment without parole violated the 8th Amendment. In retroactively enforcing Miller, the state courts do not have to re-litigate every conviction and sentence in which a juvenile received a mandatory life sentence without parole. Instead, Miller would be satisfied by allowing juvenile homicide offenders to be considered for parole, rather than by resentencing them. This parole consideration ensures that juveniles whose crimes reflected only transient immaturity, and who have since matured, will not be forced to serve a disproportionate sentence in violation of the 8th Amendment. On the other hand, those inmates who have shown an inability to reform will be denied parole and will continue to serve their life sentences. Justices Scalia, Thomas, and Alito joined in their dissent to Montgomery v. Louisiana. Scalia wrote the dissent, arguing that the Supreme Court did not have the jurisdiction to review this case. Scalia stated that the principle of finality of decisions dictates that whether a new constitutional rule will be applied

to a final state court conviction is entirely up to the state. He argued that state courts only need to apply the constitutional rule that existed at the time of conviction, and the Supreme Court does not have jurisdiction to review that decision. Scalia was also of the opinion that the rule created in Miller was a procedural one, not substantive.Despite joining in Scalia’s dissent, Thomas also wrote his own, stating that the question of whether a constitutional right is retroactive asks whether there is an appropriate remedy, not whether the right was violated in the first place. Thomas further argued that because the Supreme Court cannot force state court to apply constitutional rules that were not in existence at the time of conviction, there is no constitutional remedy that would make the constitutional right in question apply retroactively. Overall, the result of Miller v. Alabama and its retroactive application, as set forth in Montgomery v. Louisiana, is that enforcing a mandatory sentence of life in prison without the opportunity for parole against juvenile homicide offenders violates the 8th Amendment’s prohibition against cruel and unusual punishment. As a whole, children are much more susceptible to change than adults, and the Constitution now requires that these juvenile offenders be given the opportunity to demonstrate their changed disposition to the court and thus be considered for parole. One of our second-year law students, Kathryn Jakuback, had the opportunity to work with the East Baton Rouge Public Defender’s Office on this case. “It was really incredible to watch this process evolve from brief to Supreme Court argument and then to a judgment in our favor.” When asked about her opinion on the outcome of the case, Jakuback stated that she “can’t wait to see what this means for Henry Montgomery and for everyone else that this decision affects.”

APPLICATIONS FOR FALL 2016 CLINICS & EXTERNSHIPS ARE DUE FRIDAY, MARCH 4TH AT NOON!

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LETTER FROM THE EDITOR

DEAR READER:February has been quite the banner month around the Paul M. Hebert Law Center. We welcomed a new dean, we watched our boys in purple and gold duke it out on a field of glory for the annual Barristers’ Bowl, and we celebrated a major milestone in criminal law with the Supreme Court’s decision in Montgomery v. Louisiana. However, as February comes to a close, our staff is also looking forward to what the next month holds for the law center. From our annual scheduling guide, to tips for Barristers’ ball, to ways to

get involved during Women’s History Month, we’ve got everything you need to take on March with confidence and style. From all of us at The Civilian, we wish you all the best!

Cheers, Mallory Richard


Mallory RichardEditor-in-Chief

EDITOR IN CHIEF: MACKENZIE SCHOTT

MANAGING EDITOR: GARRETT COOK

ARTICLES EDITORS:

HENRY RAUSCHENBERGERLEAH CANADAY

PRODUCTION EDITOR:

KATILYN HOLLOWELLMEGAN RIALS

EXECUTIVE SENIOR EDITOR: CODY MILLER

SENIOR EDITORS:

KATHERINE COOKDUSTIN COOPER

ERIC HARPERJULIEN PETIT

TIMOTHY ROBINSON

ONLINE EDITOR:WAYNE ZERINGUE

Congratulations to the newly selected Board of Editors for Volume 77 of the Louisiana Law Review!


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SCHEDULING GUIDEF A L L 2 0 1 6

DON’T FORGET

TO SCHEDULE!

IT’S THAT TIME OF YEAR AGAIN!Just as a reminder, classes listed are subject to change. Information has been provided by students who have taken the listed classes.

Only the doctrinal courses have been listed. For more information on skills courses and clinics see LSU’s online course guide.


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COURSE # PROFESSOR HRS EXAM FORMAT READING REQ.OUTLINE

AVAILABILITY

ACJ II 5401 Daniel & Moreau 3 Essay; open Criminal Code Manageable Yes - LSU Law List

ADMIRALTY 5417 Sutherland 3 Essay Manageable, but complex material Yes - older

APPELLATE PRACTICE AND PROCEDURE 5473 Baier 3 Multiple-choice (MC) Manageable No

BANKRUPTCY 5710 L. Philips 3 5-hour, 1 hypo, lengthy essay exam Manageable Yes - old but accurate

BA I 5300 Sautter 3 Standard/MC ???? Yes - use post-2010

COMMON LAW PROPERTY 5309 Goring 3 Essay & MC Manageable Yes - dated

COMMON LAW TRUSTS, ESTATES, & FIDUCIARY

OBLIGATIONS5311 Carter

3Take home Manageable Yes

CON LAW II 5421 Baier3

Essay & MC ManageableYes - study old

multiple-choice exam questions

ENERGY LAW & REGULATION 5400 Hudson 3 Essay, short answer and MC Manageable No

ENTERTAINMENT LAW 5468 Corcos 3 Essay Heavy Yes - dated

EVIDENCE 5605 Thomas 3 Essay & MC Heavy Yes

EUROPEAN UNION I 5438 Corcos 3 N/A Heavy Yes - dated

FAMILY LAW 5208 Carroll 3 Essay Manageable Yes - dated

FED COURTS 5603 Devlin 3 Essay Manageable Yes

HEALTH LAW SURVEY 5466 Malinowski 3 Essay Heavy (at times) Yes - limited

INCOME TAX I 5501 Hackney 3 Essay & MC Heavy (at times) Yes

INSURANCE 5308 H. Philips2

Take homeManageable (only

responsible for the day/topic you sign up for)

Uses McKenzie’s materials

INTERNATIONAL CRIMINAL LAW 5447 Levy 2 Take home Manageable Yes - dated

INTERNATIONAL LAW 5416 Sullivan 3 Essay & short answer Manageable Yes - dated

INTRO TO INTELLECTUAL PROPERTY 5434 Lockridge

3 Essat & short answer; can bring in 1 notecard that is provided

by Pro. LockridgeManageable Yes - LSU Law List

LA CIVIL LAW OF TORTS 5434 Crawford 2 No computers! (hand write) Essay & short answer Manageable Yes

LABOR LAW 5403 Corbett 3 MC & short answer Manageable Yes

LEGAL PROFESSIONS (SEC. 1) 5721 Smith 2 Essay & short answer Manageable Yes - dated/limited

LEGAL PROFESSIONS (SEC. 2) 5721 Walsh

2MC

Manageable (assignments via email,

some cases are long)No

LA CIVIL PROCEDURE I 5701 Crawford 3 No computers! (hand write) Essay & short answer Manageable Yes

LA CIVIL PROCEDURE II 5702 Holdridge 3 Short answer Manageable Yes

LA SECURITY DEVICES 5707 Trahan 3 Essay, short answer and MC Manageable Yes

MAT REGIMES 5202 Carter 3 Essay & MC Manageable Yes

MINERAL RIGHTS 5205 Hall 3 MC (but curved so every answer counts!) Manageable Yes

PAYMENT SYSTEMS 5304 Holmes 3 Essay & short answer Manageable Yes


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COURSEADDITIONAL

ASSIGNMENTSSOCRATIC METHOD

OTHER NOTES

ACJ II No No The course picks up where ACJ I left off, and focuses on criminal law and procedure in court.

ADMIRALTY No No Additional study guides like E&E or in a nutshell will help a lot.

APPELLATE PRACTICE AND PROCEDURE

Yes - several assignments related to brief writing Yes If you are interested in appellate advocacy, this is the doctrinal

alternative to the skills course “Advanced Appellate Advocacy.”

BANKRUPTCY No No Prof. Philips is dynamic and entertaing.

BA I Uses Pub Matierals No *LA Bar Course

COMMON LAW PROPERTY No No N/A

COMMON LAW TRUSTS, ESTATES, & FIDUCIARY

OBLIGATIONSNo No

Beneficial and very useful if you plan on practicing in a common law state. Equivalent of common law “successions.” Class is

usually full, grading is competitive.

CON LAW II No Yes N/A

ENERGY LAW & REGULATION

Likes field trips, are usually optional No *Required for Energy Law Certificate

ENTERTAINMENT LAW No No, unless no one participates N/A

EVIDENCE No Yes N/A

EUROPEAN UNION I No Yes N/A

FAMILY LAW Civil Code Participation encouraged N/A

FED COURTS No Yes N/A

HEALTH LAW SURVEY Yes - from books & posted materials on Moodle No Necessity if you want to practice healthcare law; gives a survey

of all areas of health law practice.

INCOME TAX I No Yes, but follows seating chart N/A

INSURANCE No No N/A

INTERNATIONAL CRIMINAL LAW No Yes N/A

INTERNATIONAL LAW No Participation encouraged N/A

INTRO TO INTELLECTUAL PROPERTY No Yes This is a no-laptops class!

LA CIVIL LAW OF TORTS Uses Pub Materials No N/A

LABOR LAW No Yes N/A

LEGAL PROFESSIONS (SEC. 1) Uses Pub Materials Yes *Required for graduation and to take the MPRE

LEGAL PROFESSIONS (SEC. 2) No No *Required for graduation and to take the MPRE; exam questions

are taken from old MPRE exams

LA CIVIL PROCEDURE I Uses Pub Materials No *LA Bar Course

LA CIVIL PROCEDURE II No No *LA Bar Course

LA SECURITY DEVICESUses Civil Code w/

comments, references frequently

Yes *LA Bar Course

MAT REGIMES Uses Pub Materials No *LA Bar Course

MINERAL RIGHTS No, but many guest speakers

Yes, but will know ahead of time *Required for Energy Law Certificate

PAYMENT SYSTEMS Uses Pub Materials Yes, but will know ahead of time *LA Bar Course


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COURSE # PROF. HRS EXAM FORMAT READING REQ.OUTLINE

AVAILABILITYADD’L

ASSIGN.SOCRATICMETHOD

OTHER

REAL ESTATE TRANSACTIONS

(SEC. 1)5530 Goring 3 Essay Manageable Yes No Yes - but

relaxed N/A

REAL ESTATE TRANSACTIONS

(SEC. 2)5530 Tyson 3 Take home Manageable

NO - however, other prof.’s

are somewhat compatible

No

No - but Prof. Tyson appreciates

class participation

N/A

SALES & REAL ESTATE

TRANSACTIONS5204 Levasseur 3 Essay, short

answer & MC Heavy YesPocket Civil Code w/out comments

Yes - but more relaxed than 1L year

*LA Bar Course

SPORTS LAW 5450 Barton 3Essay; can bring

in 10 pages, front & back

Manageable Yes - limited No

Shoenfeldt will cold-call;

Barton doesn’t, prefers

volunteers

N/A

SUCCESSIONS, DONATIONS &

TRUSTS (SEC. 1)5703 Trahan 4 Essay & MC

Full chapters per week; only meet once per week

YesExpected to work

problems in coursebook

Yes*LA Bar

Course; 3Ls only

SUCCESSIONS, DONATIONS &

TRUSTS (SEC. 2)5703 Lonegrass 4 Essay, short

answer & MC Manageable Yes No Yes - but relaxed

*LA Bar Course; 3Ls

only

U.S. FOREIGN AFFAIRS 5773 Sullivan 3 Essay & short

answerManageable;

some material is complex

Yes - but dated No

Mostly takes volunteers,

but will cold-call if no one participates

N/A

This March, LSU Law Women Law Students Association (WLSA) will be celebrating Women’s History Month by sponsoring several events aimed at providing support, encouragement, and resources for women in law schools. This year the organization, formerly known as the Legal Association of Women, is particularly excited to be hosting these events as it has been inactive for roughly two years before being reestablished by Andi

Neal, the organization’s president, along with her fellow members and Professor Elizabeth Carter, the WLSA’s faculty representative.According to Neal, “Women at the law center needed an organization to give a voice to their concerns and the unique challenges [they] face.” She adds that her goal in reestablishing the organization “was to create an organization for women going through law school to empower and support one another.”Neal also stresses the importance of her organization in light of several issues faced by women in today’s society, including

gender pay inequality. She points out that on average women are paid 79% of what men make for the same work and, as it stands today, this gap won’t close for more than a century. In addition, Neal believes these concerns are particularly relevant in the state of Louisiana, pointing to a Huffington Post article which advises women seeking equal pay for equal work to “steer clear of Louisiana.”In honor of Women’s History Month, the WLSA will be sponsoring several events including Women’s Trivia Night and the Women in the Law Panel. The panel will consist of law professors as well as practicing attorneys and will be followed by a mixer. The WLSA will also be volunteering with Connections for Life, a local nonprofit aimed at helping women. While the organization is dedicated to assisting women as they navigate through law school, its membership is not limited to women. According to the WLSA’s mission statement, “All students are encouraged to join.” For more information on the WLSA and next month’s events, visit the WLSA Facebook page or e-mail Andi Neal at [email protected].

Robert GlueckStaff Writerr

WLSA CELEBRATES WOMEN’S HISTORY MONTH


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After a lengthy period of transition, LSU Law can finally claim a new leader at the helm. The Law Center extends a warm welcome to Thomas Galligan, Jr. who will serve as dean, effective July 1, 2016. Although current students may be unfamiliar with the name, many longstanding faculty members and alumni remember Dean

Galligan fondly from his days as a torts and admiralty professor at LSU Law. He accepted

a position at LSU Law in 1986 and ultimately left Baton Rouge for Knoxville in 1998 to serve as dean of University of Tennessee College of Law. When asked to describe his past experience at PMH, Dean Galligan recalls his tenure with great reverence while acknowledging the challenges of the era and the efforts subsequent faculty made to improve the educational environment.

If one were to poll any PMH alumni from that twelve year span regarding their favorite professor, the answer would likely be unanimous, Professor Galligan. He won the award for Outstanding LSU Professor a record breaking six times and gained widespread admiration for the positive rapport he cultivated with his students. “There were and are some great teachers at LSU so I am more proud of those awards than anything else I have ever done professionally. At the end of the day, I think the students sensed that even though I was the one in the front of the room we were all learning together and while it was often hard, we also tried to have fun with the process.”

While striving to continue his career in academia, Dean Galligan simultaneously fostered the skill set necessary for administrative leadership. He served as dean of University of Tennessee College of Law from 1998 to 2006 while continuing to teach torts and admiralty classes. He accepted a position as president and professor of humanities at Colby-Sawyer College in 2006, still managing to devote a portion of his time to teaching business law and history while bearing the responsibility of managing a university. When asked what he learned about leadership through his roles as dean of UT Law and president of Colby-Sawyer College, Dean Galligan cited teamwork as a key to success. “In order to lead you have to listen and you have to know that you are there to empower the experts to do their job. The leader is the collector of people’s dreams and hopes about the future. After he or she collects the dreams, together you reshape them into a bold but achievable plan, which you enthusiastically implement and adapt. It is all about teamwork and collaboration.”

Annie BeckstromStaff Writer

“I loved it. I was relatively young, unsure of whether I would succeed, unsure if I would be accepted but incredibly excited about the opportunity. Then, as now, the faculty was wonderful and they were fantastic friends and mentors. The students were awesome and understanding. At the same time, LSU was a tough place with a first to second year attrition rate of 30-33%; there was limited diversity at best; and there were only a smattering of skills courses. Today LSU is a better law school. Chancellors Costonis and Weiss and Interim Deans Joseph and Corbett have done a great job along with the faculty and staff to make this a stronger, more welcoming place.”

WELCOME DEAN GALLIGAN!

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Although Dean Galligan has enjoyed an ascending trajectory, he credits part of his success to the foundation he created as a young law student at University of Puget Sound College of Law (now Seattle University). When prompted to describe his experience, a relatable theme arises; hard work. “I had never worked so hard in my life. My first year I had no car, my wife (then, girlfriend) was 1,500 miles away, and I was poor. I had little to do but study so that is what I did. I had worked for one year between college and law school and consequently I treated school like a job and it worked.” Growing up as the son of a lawyer, Dean Galligan unknowingly practiced the Socratic method at home long before he started law school. Every law student can recall the day they were first “grilled” in great detail. For Dean Galligan, doomsday occurred in Contracts. “My first “grilling” was in Contracts and my professor, who was a very kind person, kept me on the hook for about forty minutes. I survived and afterwards realized that being in law school was like being at the dinner table at home. My father was a lawyer and I had been familiar with the Socratic method since birth. I just did not know it until that day in Contracts.” He began to see the fruits of his labor when he graduated summa cum laude, first in his class in 1981. After a stint practicing commercial litigation at the Seattle firm, Lane Powell Moss & Miller, Dean Galligan took a leap of faith to pursue his interest in educating. “I loved practice but I also had a dream of teaching. I realized that if I did not try teaching then, the next twenty years would pass and I would be a partner in a law firm, living in Seattle, and driving a Volvo (the dream car for young professionals in Seattle in the mid-80s). While that seemed fine, I knew I would wonder what if. My wife Susan encouraged me to give teaching a shot so I got an LL.M. at Columbia and started interviewing around. No place came close to LSU in terms of the courses I would get to teach, the place, the people, or the spirit so we came to LSU and never looked back.”Some might say it’s serendipitous that Dean Galligan has returned to the institution that drew him to pursue his passions as a young professional. He remains committed to reinvigorate and strengthen the Law Center he refers to as his “intellectual and educational home.” When questioned about his ultimate goals for LSU Law, his tone reflected optimism and assurance. “Pretty simple: to be one of the best public law schools in America; to be recognized for its incredible strength in bijural legal education; to be an even more welcoming and inclusive place for all faculty, staff, and students; to continue the development of its skills program; to continue the development of the John P. Laborde Energy Center; to explore other programmatic opportunities; and to be the law school of choice for students, faculty, and staff who want to learn and work in a vibrant, collaborative, exciting, and challenging environment.” As a resident of the New Hampshire for the past ten years, Dean Galligan expresses a longing to feast on some Louisiana cooking and partake in various other Baton Rouge activities he enjoyed years ago. A few of his favorite things include: “Teaching a class at the LSU Law Center (preferably in the old building), running around the lakes, going for ice cream at LSU Dairy Science, eating—anywhere; I cannot wait to get back to the food, sitting around the coffee table in the old law building with my colleagues talking about the law or whatever might be the subject of the day, spending time with my mentor, Frank Maraist, and, just like the rest of us, Saturday in Tiger Stadium.” With 24 marathons under his belt, members of the LSU Law Running Club may have a chance to round the lakes with the avid runner. He enthusiastically accepted an invitation to join one of the club’s weekly runs. “I am glad you said jog because I used to run and now if you saw me you might call it shuffling but, absolutely, I would love to join in! When we are done I would offer a toast to my friend the late Cheney Joseph who taught me all about running at LSU and other important life lessons.”

Editorial BoardEditor-in-Chief:Mallory Richard

Managing Editor: Genevieve Leslie

Production Editor: Alaina Richard

Chief Copy/News Editor: Jordan

Gasperecz-McMills

Staff WritersAnnie Beckstrom

Robert GlueckJacob LongmanHalee Snellgrove

MaturinAlaina Richard

Bill SchulzElizabeth Wong

ColumnistsTrials and Tribulations

The Hitchcock Blonde

Cody Grosshart

Megan Kelley

The Civilian Staff

CONTINUED ON NEXT PAGE...

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 [email protected] or speak to a member of the editorial staff.

http://sites.law.lsu.edu/Civilian


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An era of new leadership acts a clean slate, inciting hope for the future but also fear of the unknown. Fortunately for LSU Law, Dean Galligan’s commitment to the growth and prosperity of the Law Center bodes well for the students and faculty of PMH. With a rich history already established in Baton Rouge, his return to LSU resembles a homecoming rather than a fresh introduction. On behalf of the LSU Law community, welcome back Dean Galligan!

GALLIGAN CONTINUED...

Professors are People, Too!

Help, T&T! I saw one of my professors in the grocery store and instantly froze. What do I do the next time I run into one in public?

We’ve all been there: staring down the cheaply illuminated Wal-Mart paper goods aisle at a professor as they put Brawny in their cart. Your heart skips a beat and your palms start to sweat, reminiscent of the times you hear your name being read off the roll sheet to discuss a case you haven’t read. You try to dodge their piercing gaze. You try to cover the seven 1.5 L bottles of wine you have in your cart, but to no avail. They’ve seen you. There is an awkward exchange of smiles and you, emboldened by the idea that your professor is a person, too, decide to interact with your professor outside of the classroom. You approach with an awkward wave and greet your professor with a garbled “Helloprofessor. I’minyourConLawclass.” At this point, if you see a gleam of recognition in their eyes and have been paying attention enough in class, you have permission to bring up class discussion (ex: “That holding in United States v. Darby sure is something, isn’t it?”). Try to keep it short and professional, they probably want to get into a discussion about the Fair Labor Standards Act in Wal-Mart just as much as you do. Remember, professors are people too--but don’t push it.

The Struggle is Real

Dear T&T, I need some good solid advice on how to stay sane during this whole law school experience. How do you keep your cool when the going gets tough?

If you’re like me (a law student), then you know that the struggle, i.e. stress, is real. Whenever writing memos and briefing cases get to be too much, here are some of my tips that make law school less crazy:

1. Make a list. Everything is more manageable when you can see how many things you have to do. Try to keep the tasks you have to do short and allow yourself time for recovery between each (see 2).2. Take some time. Give yourself breaks between your accomplishments; make sure that they’re not long enough that you get distracted but not too short that you’re not resting your brain. 3. Snack. Keep healthy snacks on hand for when you need a quick burst of energy, and avoid overly sugary foods and anything that’s so heavy it will make you sleepy. 4. Don’t push yourself. The burnout struggle is real in law school. Don’t push yourself through tasks that are so monotonous or lengthy that you give up. Stick to small, manageable tasks that won’t overwhelm you. 5. Reward yourself! Whether it’s a wine night with the girls or permission to binge the entire new season of House of Cards, schedule rewards into your schedule. The idea that you’re working towards a fun goal will make the work seem less daunting. 6. It’s a marathon, not a sprint. As tempting as it is to put off reading for class until the week before exams (we’ve all been there), you’re only hurting yourself in the long run. Treat law school like a marathon and train a little bit every day so you’ll have enough energy when the finish line is in sight to get through the year like a champ!

TRIALS & TRIBULATIONS: ADVICE FOR LIFE, LOVE, AND THE PURSUIT OF HAPPINESS


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Time flies when you’re having fun, and that’s how I feel about this Spring semester! I cannot believe we are already entering March, but as usual, Baton Rouge has plenty of fun events to keep your social calendars and stomachs full!

Megan Kelley Columnist

Pull your Mardi Gras masks out again for the 2016 Masquerade themed Barrister’s Ball on March 5th from 8:00 pm-12:00 am at the Lyceum Ballroom, featuring the Lagniappe Brass Band. There will be heavy hors d’oeurves and open bar for the entire ball.

On March 4th – March 6th, Monster Jam will be at the Baton Rouge River Center with tickets affordably priced at only $10! Experience these gigantic trucks up close and meet the drivers at the “Party in the Pits” following the show.

On March 10th, Willie Nelson and family will be performing at the Texas Club. The doors open at 7:30 pm and the show starts at 9:00 pm! If you purchase tickets in advance they are $69.50 and $79.50 at the door.

The Saint Patrick’s Day Parade is March 12th at 10:00 am – 1:00 pm. The route starts at Hundred Oaks Avenue and South Acadian Throughway, then down Eugene, and finally down Perkins Road. After the parade, several surrounding bars always have live music and drink specials so the party lasts all day!

The Cottages of Baton Rouge will be hosting the Crawfish Color Run on March 13th at 11:00 am. There will be free crawfish and a t-shirt included with your registration. The man and woman achieving first place will receive $100.

The Louisiana State Chili Cook-Off will be March 12th-13th at LSU in front of Parker Coliseum from 10:30 am- 4:30 pm each day. There will be live music each day and a spring car show on that Sunday.

Third Eye Blind will be playing at the Varsity Theater on March 30th at 7:00 pm. Tickets, priced at $35, are currently sold out, but keep your eyes open for last minute sales!

Here’s a heads up for some future festivals so you can mark your calendars:

Fest for All is April 2nd and 3rd in the North Boulevard Town Square downtown from 10:00 am to 7:30 pm. This event is hosted by the Baton Rouge Arts Council. Festival-goers can shop for unique jewelry, stained glass, fabric art, metal work, pottery, and other arts and crafts. There will be live music and renowned street dance groups.

Baton Rouge Blues Festival is April 9th from 11:30 am to 10:30 pm and April 10th from 11:15 am to 7:00 pm located in and around Repentance Park and Galvez Plaza. The event is free to the public and will feature internationally recognized and local blues performers.

Since I’m a Ponchatoula girl, I have to promote the Strawberry Festival! This huge festival is April 8th-10th and is just forty-five minutes down the road in Ponchatoula. I never miss this festival because the rides are fantastic, and all of the delicious food on the actual festival grounds (rather than the surrounding streets) is sold for non-profit organizations. The festival grounds are located at Memorial Park and North 6th Street.


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The spring semester is always a milestone for every class. If you are a 1L, then this is your second opportunity to slay the academic beast that is your first year. If you are a 2L, then this marks the true halfway point for your overall career. Finally, if you are a 3L, then I am surprised that you are even reading this piece, or reading anything at all for that matter. No matter what reason you have for being excited

about this semester, I wanted to take this opportunity to provide you with some small nuggets of advice about how best to enjoy it.

This piece will be a break from our normally provided entertainment to offer strictly opinion. So, take what you read with a grain of salt. This advice is not guided towards having a better over all semester and does not focus on any particular aspect like making better grades (nerdz). Without any further ado, please enjoy the following:

My first and most important piece of advice for the spring semester is to just go outside. Go for a walk or a bike ride. Eat lunch under the shade of a tree. Enjoy that cocktail on the patio of the bar. However you prefer just go outside. Fall semester dictates too much time indoors due the combination of poorer weather and charged belief that you’re “really going to buckle down this time.” We are already experiencing beautiful weather, and it does not show any sign of stopping. However, if you spend all semester indoors, you may find yourself exiting your last exam into the blistering sauna that is the Louisiana summer. So, don’t miss the good weather while it is here. Also, taking the time to enjoy the wonderful weather and sunshine can help the lower stress levels and boost your mood. Finally, believe it or not, you can actually study outside, too.

The second key to a good spring is to know when to start studying. Now, there is no set date that will work for everyone and/or every class, but some general guidelines may apply. If you are a 1L, then the chances are that you may still be riding the stress from fall finals. This is

perfectly normal as the winter break is never long enough for anyone to actually unwind and relax. This carry-over stress can lead to the dangerous mistake of starting to study too early. Yeah, I said it, “too much studying.” I know that you are still seeking to prove your worth via your arbitrary grades, but too much work can burn you out before finals show up, and you could end up just spinning your wheels by the end of the semester.

If you are a 2L, then you should just study. At this point I am sure that many of you are already starting to lose steam. This is perfectly normal. 2L year really can be just that busy. However, don’t give up so soon; the work will pay off in the end. I would suggest starting at the beginning of April to get your materials together, but again this is all up to your personal schedule. Who knows, maybe you are still even using the 4-3-2-1 scheduling method.

If you are a 3L, then . . . I have no idea. Personally, I’m jut wingin’ it. Good luck. [Don’t forget about studying for that Bar Exam thing.]

The last piece of advice I have to offer is to give NOT attending social events a try. Although the spring semester does not offer as many school-related social events as the fall, the events in the spring are no joke. Between Barrister’s Ball, Assault & Flattery, and St. Patrick’s Day you could lose your entire semester. Don’t get me wrong; these are great events and great part of the law school experience. However, you will soon be faced with a full summer of opportunities to socialize and have fun (sorry fellow 3Ls). So, my advice is to not push yourself to make every event and save some energy for cutting loose in the summer. Following this advice may even provide you more time to enjoy the sunshine and/or prepare for finals. Personally, I went to every event my 1L year and had a great time and skipped almost every event my 2L year and regret nothing.

Well, I think that is as far as my sage wisdom expands. I’ll go back to exaggerated true stories next issue, but for now, go enjoy your spring semester. Oh, and before I forget, go outside.

Cody GrosshartColumnist

PREJUDICEDISMISSED WITH


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BARRISTER’S BOWL XIISome rivalries stretch across the ages. Invoking images of greatness, the rivals shine brightly, each comparing and contrasting with the other until it becomes impossible to define one without mentioning the other. Their names are legendary: Manning and Brady; Larry Bird and Magic Johnson; and Team Purple and Team Gold.

On Saturday, Feburary 7th, the Purple Perps and the Golden Generals took to the field, steeped in a rivalry that will surely go down in the annals of the Paul M. Hebert Law Center. Absent from the proceedings this year was long time attendee Interim Chancellor Cheney Joseph, who passed away from cancer last semester. All proceeds from the game were donated to the American Cancer Society in his honor. Before descending on the field at 1 p.m. on February 20th, the players had been practicing for weeks. So had the Barrister Bowl Cheerleaders, who performed a half-time routine and cheered their team on from the sidelines. Beginning with t-shirts and exercise shorts, the practices - which took place inside the same practice facility used by the LSU Tiger football team - eventually evolved into full-pad contact practices.No lawyer is content to look like a schlep, even when engaged in a violent contact sport, and the Barrister Bowl players were no exception. Uniforms for both teams consisted of a jersey in their respective team color, emblazoned with white block letters which spell “LSU LAW” worn with black athletic pants and football helmets. This year, the Purple Team had a distinct advantage in veteran depth. In 2015, a lot of the Perps from the year before chose to pursue their athletic endeavors elsewhere. As a result, the 2015 1L draft class disproportionately filled out the roster of the Perps. Last year, that was a distinct disadvantage. This year it paid some serious dividends. Now game-hardened and battle-tested, these 2Ls provided a core depth of leadership and experience that the Team Purple could rely on to move the chains and pound the rock. Though there are no official captains at this time, 3Ls Beau Bourgious and Colin Hotard stepped up, turning their experience into leadership. For the 2Ls, Gus Laggner, Chase Texhada, and

Andrew Rabalais, like Bourgious and Hotard, turned their days of playing high school football into guidance, direction, and leadership on the gridiron. When the Perps hit the field, they did so with a group of players with decades of football experience between them. Team Gold had its fair share of on field leadership as well. Captained by Taylor Crousillac and Chris Carter, the Golden Generals had an advantage in that their returning players remembered the victory of last year. Confidence is contagious, and the Generals had it in spades. When the game was on the line, the Generals knew they had history on their side.Ultimately, despite Team Purple’s veteran line-up, Gold came out on top as the winners of Barrister’s Bowl XII. Congratulations to all who participated, and get ready for Part II of the celebration at Barrister’s Ball on March 5th!

Jacob Longman,Staff Writer


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EMILY BRAUNERLSUNOW


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Barrister’s Ball is around the corner! Like any major event there are do’s, don’ts, and tricks of the trade. GENTLEMEN, you have just enough time to follow this simple checklist for a successful evening at the ball:

Ask your partner sooner rather than later. If you decide that you’re going to match your date, pick him/her up, or grab a bite to eat, you’re going to want to make those plans ahead of time.

Rent your tux. Get on this one, men! The sooner you rent, the better. If you have a tux already, see step 5.

Get your tickets. Decide who is going to purchase and make it happen. Tickets are $45 per person now and $50 at the door. Don’t forget the added upcharge for using a credit card! Plan to use cash or a check to save more!

Make reservations. If you’re planning on grabbing some grub beforehand, make a reservation to be on the safe side. Remember, the whole law school is doing the same thing you are and food is essential for this event. With a 4 hour bar, you’re going to need something in your stomach.

Get your suit/tux dry-cleaned. Wrinkles aren’t cute and you want to look your best for the big event!

Hydrate. Don’t be the sloppy drunk who can’t hang with the best of them less than an hour into the dance. Make sure you drink plenty of water throughout the night to eliminate that hangover nightmare.

Be prepared. Men, get stocked up on your Pedialyte, Gatorade, Advil, and whatever hangover cure you need before the event. There’s nothing worse than waking up the next morning with a hangover that could have been avoided either from preparation or from step 6.

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Elizabeth WongStaff Writer

BARRISTER’S BALLT I P S F O R S U RV I V I N G


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LADIES, there is absolutely no time to spare. As a pageant girl, I know that getting ready is a big ordeal so here are some tips to ensure that you look and feel your best on that special night.

Hope these tips and tricks help both gents and ladies for a successful night. See you at the ball!

Make sure your dress fits. About a week before the event, you should be checking to make sure it still fits because if you need it taken in or out, you have just enough time to annoy a tailor to make that happen.

Schedule your appointments NOW. Nails, spray tans, blowouts, hair appointments, makeup appointments, waxing, whatever else you need…get it on the calendar now before the salons are booked.

Time Manage. Make sure that when you schedule getting ready, your appointments, etc. that you are being realistic about the time each will take you. There is nothing worse than rushing and having anxiety.

Be prepared. See the men’s tip because it also applies here. However, in addition to that, be prepared with any touch-up equipment you may need. Before you leave your dwelling, make sure your clutch, purse, handbag, bra has extra lip gloss, cash, eyeliner, concealer, makeup remover, a toothbrush and a safety pin. It is far better to be prepared than to be out of luck! Plus, you never know where the night will take you.

Break in your shoes!!!!! If you’re not a high heel expert, you need to start wearing your shoes a little bit every day for about a week or week and a half before the event, otherwise, bring on the blisters. If your toes are rubbing against the side, put some athletic tape—preferably the color of your shoe or just cut it so that it doesn’t show—on the side of your foot to avoid it. If your shoes are slick on the bottom, hairspray the base of them before you go out. It will make them sticky so that they will grip better and you won’t be stumbling like a fool before alcohol is even involved.

Eat. Food will only last so long at the ball so make sure you have something in your stomach before you start drinking. Make reservations with your friends beforehand—like NOW—if you’re planning on going out to eat.

Masks. It’s a masquerade this year, so make sure you keep your dress is mind when getting your mask or vice versa. Also, don’t get a mask that will confuse your partner after one too many drinks.

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Preliminary Round 1: Monday, March 7Preliminary Round 2: Wednesday, March 9Octofinal Round: Monday, March 14Quarterfinal Round: Monday, March 21Semifinal Round: Wednesday, March 23

DEAN’S CUP COMPETITION SCHEDULE

Final Round: Wednesday, April 6th at 6:00 pm in the LSU Law Center’s Robinson Courtroom

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Intoxicating to Watch?

Where to Watch:Featured on Netflix

Slow LearnersDirected by Sheena M. Joyce, Don Argott

With Valentine’s Day behind us, I hope we can all revel in our (hopefully) triumphant success in either celebrating it or ignoring it. For those of you who spent Valentine’s Day feeling self-conscious, this is the ultimate confidence-boosting film for you! Nothing is more embarrassing than the two stars in this film. Nothing.Adam Pally and Sarah Burns star as the adorably sad Jeff and Anne. Jeff is a meek, furthest-thing-from-hip guidance counselor. Anne is an equally modest and painfully pitiable librarian. They happen to be nerdy best friends and colleagues at a typical high school and live in an equally typical town. The main issue is that both desperately desire to be cool and confident, two qualities neither possess.Both are facing the post-twenties meltdown: they’re no longer “young and reckless,” and they feel they’ve missed the opportunity to find themselves by being too focused on their careers. Neither has made any risky choice or “bad” decision, and both are feeling the consequences of being a responsible adult too soon in their lives. Both are incredibly passive and utterly infantile in their emotional and personal maturity despite having their life on track on paper. They are amazingly unaware of how to date in the modern world; they’re hopeless brainy romantics who can’t relate to casual dating when all they’ve been waiting for is their Mr. Darcy or Princess Peach. While there is nothing wrong with awaiting a dream, both Jeff and Anne have been living something close to a nightmare without even noticing. Despite the seemingly negative stance I appear to be taking on their plight, I closely associate and relate with the pain they experience from a forced, expedited growing up they must undergo. In my own experiences, it’s been called law school. Their self-journey is critical to the plot, and it ends up being a darkly, hilarious take on the lowest point we’ve all found ourselves in at some point or another. Anne’s desperation and naiveté are touching. Her lacking sense of reality is understandable, especially one that is rooted in her conflicting emotional and physical needs. Jeff is a little dough boy who doesn’t realize that just because his version of being a man isn’t going to be featured on GQ, his charm in rooted in honesty and sincerity, something modern “men” often forget are the most romantic qualities of all.Its “ugly-duckling-to-swan” message is one we can all learn from. After all, the most important relationship we have in our lives is the one we have with ourselves, and this film captures the never-ending self-journey we’ve all taken at some point in the past or yet to take in our futures. Don’t let your insecurities get the best of you! You’re more than enough for yourself and the right people you choose to surround yourself with in your life.

What to Drink: Trader Joe’s “Block Red” Shiraz:I can honestly say this is the best box wine I’ve had in recent years. It lasts forever and is only $10.99 for 3 LITERS of wine, yes 3 LITERS (4 bottles approx.). Now, it’s not going to win any awards any time soon, but seriously, it’s decent red wine that tastes….red. Order some pizza and you’ve got yourself the perfect makings for a Netflix-and-Chill night, regardless if you’ve got a Valentine or not.



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Secret Lives AT PMH COULTERMCMAHEN:

Name: Coulter McMahenClassification: 2L

Q: Where did you transfer from?A: University of Arkansas in Little Rock

Q: What was the hardest part about transferring?A: The hardest

part was leaving behind the professors and students that I developed such great relationships with.

Q: What was the easiest part?A: Coming back to Louisiana. Louisiana’s home and LSU is the place to be.

Q: What extracurricular activities were you involved with in Arkansas?A: I wrote for the Arkansas Real Estate Review. I was invited to be on Law Review which was hard because I didn’t have the opportunity to get on law review here.

Q: What have you been involved in here?A: I participated in Tullis and now I am on the MOOT Court Sports Law team. I’m also doing the Barrister’s Bowl. Purple team is going to finally win a game this year!

Q: Define yourself in three words.A: Outgoing. Personable. Fun.

Q: Where’s the most interesting place you’ve been?A: Probably Hartford, CT this past summer because I was so out of place. I mean it’s in the northeast and I was brand new there. I’ve been told I have a pretty strong accent so I stuck out like a sore thumb. So that was interesting to get the northeast summer experience. I went to the Cape, NYC, Boston, and saw my first Red Sox-Yankee game at Fenway.

Q: Do you think that living in Hartford for a period of time has helped you further your legal career in any way, if so, how?A: Yeah, definitely. First off, being in a different part of the country and getting exposed to a different culture and set of people advances my legal education and career because you’re learning from people that might have different points of view.

Q: What’s something you’d like to do before you die?A: Before I die, I would like to go to Yacht Week in Croatia. When we all pass the bar, my buddies and I are going to do that.

Q: What’s the hardest class you have or are currently taking at LSU?A: Obligations is probably going to be the toughest with Levasseur.

Q: Where do you plan on taking the bar?A: Louisiana

Q: Outside of being an attorney, what would your ideal job be?A: Probably the general manager of the Saints or a collegiate or professional football coach.

Elizabeth WongStaff Writer

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PHOTOS BY EMILY BRAUNER, LSUNOW

a student publication for the lsu law center …feb 08, 2015 · acj ii 5401 daniel & moreau 3...

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