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The Center of Civil Law Studies of the LSU Law Center presents the

42nd John H. Tucker, jr. Lecture in Civil Law

The European Court of Justice at Work:

Comparative Law on Stage and Behind the Scenes

Given by

Professor Michele Graziadei

University of Turin — Italy

Thursday, September 5, 2019 at 12:40 p.m.

Louisiana State University, Law Center

Robinson Courtroom, 201

Reception to follow in the Student Lounge

TuckerLecture_Poster

The Speaker

Michele Graziadei is a full professor in the Department of Law at the Università di Torino, where he has been teaching comparative law since 2008.

Professor Graziadei graduated with a law degree (cum laude) from the Università di Torino in 1984. He began his career at the Università di Trento and taught civil and comparative law at the Università dell’Insubria (Como), and at the Università del Piemonte Orientale, where he was the head of the law department. He has been a Visiting Professor at Cornell Law School, Université Paris 2 Panthéon Assas, Université Jean Moulin Lyon 3, Université du Luxembourg. He is a Past President of the European Association of Law Schools (ELFA), a Titular Member of the International Academy of Comparative law, and the President of the Società italiana per la ricerca nel diritto comparato. He has participated in several international and European research programs and is the author of over a hundred publications. His recent publications include: Comparative Property Law: Global Perspectives (M. Graziadei & L. Smith eds., 2018); Personal Autonomy in Plural Societies: A Principle and its Paradoxes (M-C. Foblets, M. Graziadei & A.D. Renteln eds., 2018).

The Lecture

The European Court of Justice (ECJ) has often been hailed as an engine of European integration. Entrusted with the task of securing the uniform interpretation of the law of the European union—among other functions—the ECJ makes use of comparative law for a variety of purposes. The very composition of the Court and its peculiar linguistic regime make the Court a major comparative law laboratory. Under the Treaties, the Court is explicitly authorised to resort to comparative law as a method of judicial interpretation with regard to certain aspects of European law. But comparative law is an essential tool for the Court in several other contexts as well. This lecture will be the occasion to take a closer look at the role that comparative law plays in the development of the jurisprudence of the Court, and to showcase some salient applications of it. Quite often, the Court limits references to comparative law arguments to a few lines in its judgements. Nonetheless, comparisons that go far beyond the merely technical aspects of the law are part and parcel of the everyday business of the Court. Even when the language of comparative law is not overtly spoken, those comparisons define the ethos of the European union, and show how the Union sets out to challenge, and change, the laws of the member states.

Friday, August 9, 2019, marked a highlight in the LL.M. Orientation, with a field trip to New Orleans including a visit to the Supreme Court of Louisiana, located in the superbly renovated court building at 400 Royal Street. With five J.D. students driving our international students, team-building opportunities were optimal, and even improved as a former LL.M. and a group of legal interns from France and Quebec joined the group both for lunch and a walking tour of the French Quarter.

LSU Law thanks Trina Vincent and Robert Gunn for the tour of the Museum and Court Building, Miriam Child, Director of the Law Library of Louisiana, for the visit of the Rare Books Room, and David Rigamer for the photos.

The LLM Group with JD students and Prof. O. Moreteau in front of Chief Justice E.D. White statue and the Louisiana Supreme Court building in the background. Library Director Miriam Child presenting rare law books to LLM students Library Director Miriam Child presenting rare law books to LLM students LLM and JD students behind the old Bench at the Louisiana Supreme Court Museum LLM and JD students with Prof. Moreteau in the Louisiana Supreme Court Courtroom LLM students marveling at a rare book Professor Moreteau with two lawyers from Argentina in the Rare Book Room Six French students from the LLM, one of them holding the original edition of the 1804 Code Napoleon The group perusing old law books in the rare book room Students looking at old law books in the rare book room

Monday, August 5, 2019 marked the beginning of a two-week orientation program for our 2020 LL.M. in Comparative Law class. With eleven candidates, this is the largest class, only equaled in 2006-2007 in over 80 years of existence of the program. Candidates from Argentina, Ecuador, France, Nigeria, and Venezuela met the first time and sit side by side to be introduced to the United States Law School experience and life at LSU and Louisiana. The orientation includes visits to New Orleans (Supreme Court of Louisiana, walking tour of the French Quarter) and Downtown Baton Rouge (State Capitol, Capitol Park Museum, Old State Capitol). LSU Law proudly welcomes these fine and enthusiastic international law students.

A photo of the 11 candidates of the 2020 LL.M. Class on the steps of the Law School, Old Building

The 2020 LL.M. Class

A photo of 10 candidates of the 2020 LL.M. Class posing with Prof. Olivier Moreteau on the steps of the Law School, Old Building

Professor Olivier Moréteau with the 2020 LL.M. Class

Four LL.M. Candidates standing in front of Prof. Paul Baier who educates them on Geny, Ihering, and the German Civil Code

Prof. Paul Baier educates four French LL.M. candidates on Geny, Ihering, and the German Civil Code

On July 11, The Prime Minister of Canada, Justin Trudeau, announced the nomination of the Honorable Nicholas Kasirer to the Supreme Court of Canada.

From the Prime Minister website, “Justice Kasirer has led an exceptional career as a judge and professor, earning the esteem of his peers in Canada and around the world. He served for a decade as a judge of the Court of Appeal of Quebec, where he was appointed in 2009. Prior to that, he led a twenty-year career as a professor of law at McGill University, including as dean of the Faculty of Law. Justice Kasirer is perfectly bilingual.”

On July 25, 2019, Justice Kasirer gave a glorious introductory speech to members of the House of Commons Standing Committee and of the Senate’s Legal and Constitutional Affairs Committee, and answered questions. Here is a link to the video recording.

Justice Nicholas Kasirer is a great friend of LSU Law. A Founding Board Member of the Journal of Civil Law Studies, he is published in the Louisiana Law Review and gave the 37th Tucker Lecture  in Civil Law in April 2014. He sends greetings to all his friends at LSU who express warmest congratulations and encouragements.

Professor Olivier Moréteau was Professor Michel Séjean’s special guest at an international and interdisciplinary symposium on The Sea and the Seashore as Commons (Mer et littoral : un bien commun?), organized by the University of South Brittany in Lorient and Vannes, 17-18 June, 2019. In Lorient, he presented on Who Defines the Commons? Who is Liable and to Whom? Ethical and Legal Perspectives (in French). The next day in Vannes, he discussed Louisiana and Global Perspectives on the Ecology of Law (also in French).

In order to strengthen and showcase its maritime identity, the University of South Brittany (UBS) has created the Citizen Institute for Maritime and Coastal Studies, named ARCHIPEL, to serve both its community and territory and, more widely, the Sea and the Littoral. The seminar The Sea and the Seashore as Commons, from 17 to 19 June 2019, was the ARCHIPEL’s first international scientific event. Efforts will be made to intensify links with LSU Law and LSU Coastal Studies.

To learn more click here and there.

Poster of the seminar Mer et Littoral: Un bien Commun?

Group photo of all seminar attendees Photo of five law professors and attendees at first legal session. general view of seminar presenters and attendees Professor Olivier Moreteau at the microphone

Sofia Bentrari (France), Florencia Ibanez Bergeron (Argentina and U.S.A.), Gabriel Colombani (France), Sandrine Coutaud (France), Henri Haguet (France), Noemie Le Colleter (France), Nancy Alexandre Maurice (France) and Giovanna de Assis Barreira Silva (Brazil) were awarded the LL.M. in Comparative Law degree at the LSU Law Commencement ceremony on May 24, 2019.

The Louisiana state legislature honored longtime LSU Law professor George W. Pugh on Wednesday with a commendation passed during the regular session.

The resolution was filed by senators Dan Claitor, John Alario, Conrad Appel, Gerald Boudreaux, Norby Chabert, Page Cortez, Jack Donahue, Ryan Gatti (’99), Ronnie Johns, Gerald Long, Jay Luneau, Daniel Martiny, John Milkovich (’82), Fred Mills, J.P. Morrell, Barrow Peacock, Gary Smith, Gregory Tarver, Michael Walsworth, Rick Ward, and Mack Bodi White and Representative Franklin Foil.

A 1950 graduate of LSU Law, George began full-time teaching at the Law Center in 1952, and he remained on the faculty until his retirement in 1994. LSU Law’s George W. and Jean H. Pugh Institute for Justice was named after him and his wife.

Professor Pugh facing the Senate Chamber Professor George Pugh with family in the Senate Chamber Professor Pugh and family at the Louisiana Capitol Building Professor Pugh and family at the Louisiana Capitol Building

The full text of the Resolution is below:

Senate Concurrent Resolution No. 135

To commend George W. Pugh, Professor of Law, upon his lengthy and distinguished career as an outstanding educator at the Paul M. Hebert Law Center at Louisiana State University as a prolific legal researcher and as the compiler of the Louisiana Code of Evidence.

WHEREAS, it is with great pride that the Legislature of Louisiana acknowledges the lifetime of legal expertise conveyed by the brilliant intellectual and legal scholar, George Willard Pugh; and

WHEREAS, a Julius B. Nachman Professor of Law at LSU, Professor Pugh remains a towering figure in the realm of Louisiana law; known as the “intellectual father” of the Louisiana Code of Evidence, his codification of the subject matter required gleaning evidentiary principles dispersed throughout constitutions, codes, statutes, and case law, and crafting those concepts into a comprehensive reference; and

WHEREAS, he was the coordinator and coreporter, along with fellow coreporters, who confected the Code of Evidence for the Louisiana State Law Institute, using the Federal Rules of Evidence as its model; it was enacted into state law in 1988; and

WHEREAS, the Louisiana Code of Evidence has proved to be an invaluable resource for judges, district attorneys, and other legal professionals; and

WHEREAS, he began his studies at LSU in 1942, nonetheless, George volunteered for military duty and was deployed to France during World War II; in 1946 at the age of twenty-one he returned to LSU, and after three semesters entered LSU Law School; and

WHEREAS, he would earn a Juris Doctor in 1950, however, during his last semester, he substituted for an ailing professor and taught the evidence course to his classmates; his teaching abilities were of an exceptional quality and noted by Dean Paul M. Hebert; and

WHEREAS, his law school counselor, Professor Harriet S. Daggett, encouraged him to attend her alma mater, Yale Law School, on scholarship; he obtained a Doctor of Juridical Science in 1952; his thesis on the history of sovereign immunity was published in the Louisiana Law Review; and he rejoined the LSU Law School faculty in the Fall of 1952 as an assistant professor; and

WHEREAS, these were exciting times at LSU Law School and George Pugh had the distinct privilege to be in the company of numerous titans of Louisiana law; and

WHEREAS, after his appointment to the Judicial Council and serving for two years as the state’s first Judicial Administrator for the Louisiana Supreme Court, he resumed his teaching position, became a full professor, and remained at LSU until 1994, having provided forty-three years of extraordinary instruction to nearly three generations of legal professionals; and

WHEREAS, during his tenure at LSU, Professor Pugh produced voluminous and influential writings in the areas of Evidence, Criminal Justice, Federal Jurisdiction and Procedure, and Comparative Law; and

WHEREAS, in the classroom, his Socratic method prodded novices to prepare thoroughly, to think logically and critically when called upon to summarize a case or defend a position, and to communicate succinctly as proficient attorneys-at-law; it was a “think on your feet” scenario, similar to the demands of litigation in court; there were the quick and the dead; and

WHEREAS, many graduates recall his penetrating interrogation in his law review seminar when authors were required to defend their articles before publication; and

WHEREAS, no matter how relentless and foreboding Professor Pugh may have appeared to his class, he was greatly admired for his command of evidence law, his reverence for “the facts”, and his enthusiasm for jurisprudence; and

WHEREAS, his former students also recall his compassion and availability; he often shared informal brown bag lunches with students which were peppered with lively discussions; and

WHEREAS, Professor Pugh often initiated stimulating conversations with his colleagues as well to encourage a closer examination of an issue and to propose broader alternatives; and

WHEREAS, his profound knowledge of the law led to service on the bench as a judge ad hoc for the Louisiana Court of Appeal, presiding over one thousand sixty cases and as a member of the Council of the Louisiana State Law Institute; and

WHEREAS, George Pugh was an active member of the Baton Rouge, the Louisiana, and the American Bar associations and chaired several select committees; he was also a member of American Law Institute; and

WHEREAS, his teaching abilities and scholarship garnered invitations to teach as a visiting professor at law schools in Virginia, Texas, Belgium, Greece, and France; and

WHEREAS, Professor Pugh was selected as one of six law professors chosen to coordinate special studies of judicial administration in twenty countries; and

WHEREAS his field research projects and scholastic pursuits took him abroad to France, South Africa, Vietnam, and the Philippines; and

WHEREAS, he received the “Hub” Cotton Faculty Excellence Award at LSU and an honorary doctorate of law from the University of Aix-Marseille III in France, named a Sterling Fellow at Yale Law School, and listed in Who’s Who in America; and

WHEREAS, George met the beautiful Jean Hemphill on a return train trip to Yale; they were married within a year; their partnership was one of love, romance, and abstract legal thought; an honors graduate from Vassar and an attorney in her own right, Jean was his confidante, his helpmate, and his eyes when his sight failed, and his collaborator for endless discussions on all manner of law; it was a marriage made in heaven that lasted sixty
years; and

WHEREAS, together they established the George W. and Jean H. Pugh Institute for Justice in 1998, to promote justice for individuals in the administration of criminal and civil justice systems in the state of Louisiana and elsewhere; she remained a strong proponent for criminal justice research until her death in 2012; and

WHEREAS, their union was blessed with four sons, William, George Jr. “Rusty”, David, and James; three sons became attorneys and the latter became an architect; and

WHEREAS, born on Bayou Lafourche near Napoleonville in 1925, and the son and grandson of physicians, George Pugh has always exhibited exceptional scholarship; and

WHEREAS, in 1950, Professor Pugh began his teaching career at LSU Law Center and retired, having taught approximately 4000 students; and

WHEREAS, upon his retirement in 1994, the Louisiana Law Review dedicated its January publication to Professor Pugh; he had been its editor, associate editor, and a longtime faculty editor of the review; and

WHEREAS, he is a dependable friend and consultant to trial and appellate judges who seek his counsel; and

WHEREAS, George W. Pugh is a legal theorist without par and one of Louisiana’s most influential legal scholars; his expertise reshaped Louisiana evidence law and his teaching has produced multiple generations of law professionals, attorneys, judges, and professors; and

WHEREAS, for George W. Pugh, the compilation of the Louisiana Code of Evidence was his passion; he has garnered the respect and praise of his peers, both nationally and internationally; he is admired by his former students and his legal fellows for his intellectual brilliance; and he is treasured as a mentor, colleague, and friend.

THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby commend George W. Pugh upon his distinguished career as a professor of law at Paul M. Hebert Law Center at LSU and does hereby  acknowledge his legacy of scholarship and his many contributions made for the betterment of the legal system of Louisiana.

Click here to access the original post. 

On May 6, 2019, Professor Emeritus Attila Harmathy (Eötvös University, Budapest, Hungary), who delivered the 41st Tucker Lecture in November 2018, received the golden medal of the Hungarian Academy of Sciences, at the session of the general assembly. The medal is awarded once a year to one person elected from all branches of sciences. More than two hundred members of The Academy (scientists, medical scientists, historians, etc.) could see a short film made on some aspects of his life including some pictures of the lecture held in Baton Rouge (at minute 4:40 of the YouTube footage).

The 41st Tucker Lecture titled “Comparative Law and the Development of Civil Law in a Country Under Transformation” can now be heard online from the following link.

Professor Attila Harmathy delivering the 41st Tucker Lecture, with Prof. Olivier Moréteau on his side

The LSU Internationalization Grants Committee recommended for funding Professor Lisa Avalos‘ proposal entitled “She must be lying to us! Rape, Disbelieved Victims, and the Politics of Charging Victims with False Reporting (England).” The proposal was recommended under the category “LSU International Scholar Research/Arts & Performance Grant.” Funding will support her collaborative research on rape crimes in London, England. The Committee feels that by interviewing rape victims and others involved in these cases, and by building international strategic collaborations with global partners, she will be able to fiercely contribute to further globalize the curriculum at the Law School and provide students with experiential learning opportunities that will enhance their life-long learning.

Portrait photo of Professor Lisa AvalosProfessor Avalos focuses her research on international human rights with an emphasis on women’s human rights, gender-based violence, and sexual violence. She works with international nongovernmental organizations to develop policy solutions that address persistent human rights violations such as rape, child marriage, forced marriage, and honor-based violence. Her teaching interests include criminal law, international human rights, and gender-based violence.

Avalos previously served as Assistant Professor of Law at Arkansas. She earned her J.D. from New York University School of Law. She also holds a Ph.D. and M.A. in sociology Northwestern University, and a B.A. in psychology from Northwestern University.

Banner of the Law Library of Louisiana

A Law Library of Louisiana Free CLE
Co-sponsored by the Supreme Court of Louisiana Historical Society

 
Pierre Soulé:  Advocate of Liberty

Painted Portrait of Pierre Soulé

Presented by Dr. Olivier Moréteau
Thursday, April 25, 2019
11:30 a.m. – 12:30 p.m.
Courtroom, Louisiana Supreme Court, 400 Royal Street

One hour CLE

On Thursday, April 25th, the Law Library of Louisiana and the Supreme Court of Louisiana Historical Society will co-sponsor a free CLE program, Pierre Soulé: Advocate of Liberty, at the Louisiana Supreme Court. Professor Olivier Moréteau will discuss the complicated and peripatetic life of French-born Pierre Soulé (1801-1870), a New Orleans attorney and U.S. Senator from Louisiana who studied law in Paris, and was imprisoned for a time for publishing revolutionary articles. He escaped to England and made his way to the United States via Haiti, eventually settling in New Orleans in 1825. Soulé was elected to the U.S. Senate in 1849, and took an appointment as U.S. Minister to Spain in 1853. He drafted the controversial Ostend Manifesto in his ministerial role, for which he was roundly criticized. Soulé resumed the practice of law in New Orleans after the controversy. Though opposed to secession, he abided by the decision of his state. He was arrested and imprisoned in Fort Lafayette, New York upon the Union capture of New Orleans. When he was paroled, Soulé fled to Boston, and then to the Bahamas. He travelled to Richmond, Virginia, to aid the Confederacy, and moved to Havana after the war. Soulé eventually returned to New Orleans, where he died.
Speaker

Dr. Olivier Moréteau is a Professor of Law and the first holder of the Russell B. Long Eminent Scholars Academic Chair at the LSU Paul M. Hebert Law Center. He joined LSU in 2005. He is the Director of the Center of Civil Law Studies, the Editor-in-Chief of the Journal of Civil Law Studies, and the Assistant Dean for International Programs. He earned his Doctorate in Law summa cum laude at the Université Jean Moulin, 1990, after research conducted in Cambridge with a British Council scholarship. He has authored and edited books in French and in English, and written over a hundred articles, chapters, notes, and reviews in various languages, published in international periodicals or books, on the civil law, common law, comparative law, law and languages, legal translation, tort law, the law of obligations, codification, and legal education.

Email CLE@lasc.org to reserve a seat.  For more information, please contact Gail Bragg via email at GBragg@lasc.org  or phone (504-310-2411).