Scholarship and Service
Professor Christina Sautter's work-in-progress, Auction Theory & Standstill Agreements: Dealing with Friends and Foes in a Sale of Corporate Control, was featured as a poster presentation during the January 2013 American Association of Law Schools Annual Meeting in New Orleans, LA.
Vice Chancellor N. Gregory Smith’s article Judicial Disqualification in America was recently published in volume 2 of the International Journal of Procedural Law.
Professor Bill Corbett’s article, Unmasking a Pretext for Res Ipsa Loquitur: A Proposal to Let Employment Discrimination Speak for Itself, will be published in volume 62:3 of the American University Law Review in early 2013. On January 6, 2013, Professor Corbett will be speaking on a panel with other professors at the AALS Annual Meeting in New Orleans on the topic of “Torts and Compensation Systems - Tort and Compensation Principles in Related Fields.”
Professor Melissa Lonegrass’ article, Finding Room for Fairness in Formalism—The Sliding Scale Approach to Unconscionability, will appear in the upcoming volume of the Loyola University Chicago Law Review. She will participate in a panel titled, Collegiality and Service: A Balance, during the inaugural Beginning & Newer Law Teachers Workshop to be held at the 2013 Southeastern Association of Law Schools Annual Meeting. Professor Lonegrass, who served as Secretary for the Central Law Schools Association during the 2011-2012 academic year, was elected Vice President of the same organization for the upcoming academic year.
Professor Michael Malinowski published four law review articles in 2012 that address prescription drug development and delivery in health care. Two of the articles, Drug Development—Stuck in a State of Puberty? Regulatory Reform of Human Clinical Research to Raise Responsiveness to the Reality of Human Variability, published by the St. Louis University Law Journal, and All that is Gold Does Not Glitter in Human Clinical Research: A Law-Policy Proposal to Brighten the Global “Gold Standard” for Drug Research and Development, published by the Cornell Journal on International Law, question the science standard for human clinical research relied upon by the Food and Drug Administration and its international counterparts. Professor Malinowski extended this argument to challenge the extraordinary reliance the U.S. drug approval process places on the medical profession in Patients, and Pills—A System Popping under Too Much Physician Discretion? A Law-Policy Prescription to Make Drug Approval More Meaningful in the Delivery of Health Care, which was published by the Cardozo Law Review. In Government RX—Back to the Future in Science Funding? The Next Era in Drug Development, published by the University of Louisville Law Review, he proposes a new 21st century role for the federal government in drug development that draws from the U.S. science funding experiences since WWII. Professor Malinowski has been invited to present a keynote address on these articles at the 2013 Association for Behavior Analysis International (ABAI) Conference, which will be held in Minneapolis, Minnesota.
Professor Kevin Bennardo’s article, A Quantity-Driven Solution to Aggregate Grouping Under the U.S. Sentencing Guidelines Manual, will be published in a forthcoming issue of the Florida State University Law Review. The article constructs a ratio by which to test the appropriateness of aggregate grouping of multiple convictions for sentencing purposes, applies the ratio to every offense guideline in the U.S. Sentencing Guidelines Manual, and highlights anomalous offense guidelines. Professor Bennardo presented earlier versions of the article this fall at the Southeastern Law Scholars Conference at the Charleston School of Law and at a roundtable discussion at the ABA Criminal Justice Section & AALS Section on Criminal Justice’s Joint Legal Educators Colloquium in Washington, D.C.
On November 15, Chancellor Jack Weiss joined other authorities for a panel discussion on recent First Amendment decisions of the U.S. Supreme Court at the Practising Law Institute’s annual conference on Communications Law in the Digital Age. The conference, held in New York City each November, is recognized as one of the most comprehensive in the field and covers the latest issues and case law in media, intellectual property, digital communications and privacy law.
Joining Chancellor Weiss on the panel were:
Floyd Abrams, of the New York law firm Cahill Gordon & Reindell, LLP. Mr. Abrams is an expert on constitutional law, having argued numerous cases before the U.S. Supreme Court as it relates to the First Amendment and free speech.
Adam Liptak, a lawyer and the Supreme Court correspondent of the New York Times. Mr. Liptak was the guest speaker at the annual LSU Law Center Chancellor’s Council dinner in March 2012. He was a finalist for the Pulitzer Prize in explanatory reporting.
Paul Smith, of Jenner & Block LLP in Washington, D.C. Mr. Smith is a media and First Amendment attorney. He has argued many U.S. Supreme Court cases involving matters of free speech and civil rights.
The panel was moderated by Lee Levine, one of the nation’s leading media attorneys. Levine taught Comparative Media Law at the LSU Law Center’s program in Lyon in the summers of 2009 and 2010. He is a founding partner of Levine Sullivan Koch & Schultz, LLP in Washington, D.C.
Panelists discussed the FCC’s authority to regulate “indecent” content on broadcast TV and radio after the “fleeting expletive” and “wardrobe malfunction” cases; the application of the First Amendment to false speech in the “Stolen Valor” case; and the new campaign finance legal landscape in the 2012 elections.
Chancellor Weiss presented a review of recent cases involving criminal prosecutions for alleged threats to judges and other public officials.
Professor Keith Hall was named a “Top Lawyer” in two categories of law – Oil and Gas Law and Natural Resources Law – in a study commissioned by New Orleans magazine in which local lawyers were asked which lawyers they would recommend in particular areas of law. Professor Hall was the only person to be listed as a Top Lawyer in both Oil and Gas Law and Natural Resources Law. The study was published in the November 2012 edition of New Orleans. In December 2012, he is scheduled to speak on oil and gas leasing at continuing education events sponsored by the Baton Rouge Bar Association and New Orleans Bar Association, and he is scheduled to speak on legal issues relating to hydraulic fracturing at a continuing education event sponsored by LSU Law Center. Professor Hall is completing his third term as Chair of the New Orleans Bar Association’s Oil & Gas Committee and has agreed to serve as Co-Chair of the Oil & Gas Committee for 2013. He also recently began serving as a member of a Water Law Committee studying water issues for the Louisiana Law Institute.
Professor Hector Linares gave two separate presentations, Juvenile Training Immersion Program: Hearsay and Moving Towards a Presumption of Indigence, at the 2012 Juvenile Defender Leadership Summit. Professor Linares also presented on the topic of Dispositional Advocacy at the 2012 Mississippi Youth Court Defender Conference. The Juvenile Defense Clinic taught by Professor Linares received the 2012 LSBA Children’s Law Award.
Professor Ed Richards will be one of four speakers for the program Law for the End of the World as We Know It: Planning for Dystopia at the AALS Convention on January 6, 2013. The program will examine the importance of risk perception in planning for the next great domestic crisis.
Professor Heidi Thompson will present her poster session, Over the Rainbow: Using Color and Pop Culture to Gently Introduce ILs to the Structure for Legal Analysis, at the 2013 AALS conference in New Orleans in January. Professor Thompson presented this poster at the Southern University Law Center Legal Writing Institute One-Day workshop on December 7.
Professor Grace Barry and Professor Marlene Krousel presented at the Southern University Law Center Legal Writing Institute on December 7. Professors Barry and Krousel discussed the melding of teaching and technology to teach oral advocacy skills. Specifically, they addressed the evolution of technology from VHS tapes to web-based video programs and how teaching oral advocacy has evolved with the technology to enhance the learning experience.
Boston’s Social Law Library, America’s oldest law library, hosted “An Evening with Justice Holmes,” an adaptation of Professor Paul Baier’s play “Father Chief Justice” on Friday, November 9, 2012, in the John Adams Courthouse, Pemberton Square. Baier directed four members of the Massachusetts Supreme Judicial Court who joined him on the stage: Justice Robert Cordy (who played Holmes), Justice Margot Botsford (Fanny Holmes), Justice Francis Spina (Justice Brandeis), and Justice Ralph Gants, who played Chief Justice E. D. White.
The Center of Civil Law Studies recently published Volume 5, No. 1 of the Journal of Civil Law Studies: “200 Years of Statehood, 300 Years of Civil Law: New Perspectives on Louisiana’s Multilingual Legal Experience.” This special issue features articles examining the past and future of the Louisiana Civil Code, and inaugurates a new journal feature, the Civil Law in Louisiana section, with case notes on recent decisions of Louisiana courts, written by LSU Law students under the supervision of their professors. Also showcased is a portion of the translation work of the Louisiana Civil Code presently conducted at the Center of Civil Law Studies, aiming at translating into French, and eventually into Spanish, the current Louisiana Civil Code. Three titles of the Code, featuring the law of obligations, are published in bilingual version. The JCLS also includes a rediscovered treasure of Louisiana law, an article by Thomas J. Semmes, “History of the Laws of Louisiana and of the Civil Law,” originally published in 1873, yet still relevant today.