Fall 2013

Teaching Fellow and Assistant Professor of Professional Practice Katherine Macfarlane’s essay “The New York Stop-and-Frisk Appeals Are Still Alive” was recently published by Practicum, the online companion to Brooklyn Law School’s journals.

On December 6, 2013, Vice Chancellor Ray Diamond was a panelist on the subject “Race in the Gun Debate” at the Northeast People of Color Legal Scholarship Conference at the University of Puerto Rico School of Law.  On November 9, 2013, he was a roundtable participant on a panel entitled “Race, Crime, and Stand Your Ground in Historical Perspective,” at the annual meeting of the American Society for Legal History.  These presentations built on his most recently published article, “In the Civic Republic: Crime, the Inner City, and the Democracy of Arms – a Disquisition on the Revival of the Militia at Large” (with Robert J. Cottrol), 45 Connecticut Law Review 1605 (2013).

The Journal of Corporation Law has published Professor Christina Sautter’s article, Lock-Up Creep, which she co-authored with Professor Steven M. Davidoff of The Ohio State University Moritz College of Law.

The Virginia Tax Review has published Professor Philip Hackney’s article “What We Talk About When We Talk About Tax Exemption.”

Chancellor Jack Weiss was the principal speaker on recent developments and trends in Supreme Court First Amendment decisions at the annual Practicing Law Institute program on Communications Law in a Digital Age, held in New York on November 14 – 15.  Joining Weiss on the panel were leading First Amendment attorneys Floyd Abrams, Lee Levine, Paul Smith, former Stanford Law dean Kathleen Sullivan, and Adam Liptak, Supreme Court correspondent of the New York Times.

The Chancellor’s guest commentary, “New Rule a Blow to Moderation,” appeared in The Advocate on November 26.  In the piece, Weiss addresses the recent vote in the U.S. Senate to permit all federal judges except Supreme Court justices to be confirmed by a simple majority vote.  Weiss writes that the move to a simple majority confirmation will lead to the appointment of fewer “centrist” federal judges of both parties. “[L]osing the 60-vote check,” Weiss writes,  “will open the door to the nomination and confirmation of federal judges who come from, and carry with them to the bench, far more hard-core partisan experiences and philosophies than typically have made it through the process before now.”  Weiss urges the leaders of both parties to resume negotiations toward “a judicial confirmation process that provides a reasonable check on hard core nominees of the right and left while permitting the elected president and the Senate majority an appropriate upper hand in the process.” Paraphrasing Thomas Jefferson, Weiss concludes, “[W]hen it comes to securing a credible, impartial judiciary, we are all Democrats, we are all Republicans.”

Professor Philip Hackney has recently been quoted in the following articles: “NFL’s Tax Exemption Faces Scrutiny,” “NFL on Defense with Tax Break“, and “To Tax or Not? The NFL’s Relationship with the IRS.

Teaching Fellow and Assistant Professor of Professional Practice Katherine Macfarlane was introduced as a “Guest Alumni Blogger” on Loyola Law School’s faculty blog “Summary Judgments.”  Her first blog entry, “Procedure Takes Center Stage in Stop-and-Frisk Litigation,” appeared November 18.  Professor Macfarlane’s essay about the fees recovered in New York stop-and-frisk cases appeared in the New York Observer on November 13.

Following a recent decision by the United States Court of Appeals for the Second Circuit in Floyd v. City of New York, a case involving the NYPD’s stop-and-frisk practices, Teaching Fellow and Assistant Professor of Professional Practice Katherine Macfarlane’s paper has garnered national attention. The paper, The Danger of Nonrandom Case Assignment: How the Southern District of New York’s ‘Related Cases’ Rule has Shaped the Evolution of Stop-and-Frisk Law, was quoted in the Wall Street Journal Law Blog, discussed by the Honorable Richard Kopf’s in his blog post “More on ‘Relatedness,’ Judge Scheindlin and the Second Circuit,” and cited by the Civil Procedure and Federal Courts blog. This week, the paper was an SSRN Top Ten download in the Law & Society category.

Professor Blake Hudson was quoted in a recent Law 360 article concerning public trust doctrine climate change litigation.

On October 18, 2013, Professor Keith Hall spoke on the subject of baseline testing of groundwater prior to hydraulic fracturing operations at the University of Richmond Law School’s Allen Chair Symposium on “The Energy-Water Nexus.”

Professor Philip Hackney participated in the panel discussion “Politics Aside, Please: Implications of IRS Scrutiny for 501(c)(3) and (c)(4) Entities” at the American Health Lawyers Association conference on October 21.

Professor Ken Levy will publish “Why Retributivism Needs Consequentialism:  The Rightful Place of Revenge in the Criminal Justice System” in Rutgers Law Review.

Professor Levy presented a paper, “Situationism Shows that Criminal Responsibility Does Not Require Moral Responsibility,” on Sept. 26 at the Western Michigan Medical Humanities Conference and on Oct. 5 at the Central States Law School Association’s 2013 Annual Conference, which was held at the University of Arkansas – Fayetteville.

Claitor’s has published the Golden Anniversary Seventh Edition of Professor Paul Baier’s The Pocket Constitutionalist, which features one-page digests of leading civil rights opinions of the Supreme Court of the United States.  Professor Baier’s “Little book of the Constitution” lists 376 LSU Law alumni in its Table of Authors.  On Constitution Day, September 17, Professor Baier and Justice Harry T. Lemmon presented “Lawyers in the Great Tradition:  The Argument of an Appeal,” to a crowded auditorium at Loyola University College of Law.  This was their eighteenth year of co-teaching in Loyola’s Skills Curriculum.

Professor Baier’s article “Judicial Review in Louisiana:  A Bicentennial Minute Entry” was published in the April/May Louisiana Bar Journal.  As Secretary of the Louisiana Supreme Court Historical Society, Professor Baier assisted his former student, Justice Greg Guidry, in planning the Bicentennial celebration of the Louisiana Supreme Court, on March 1, 2013.  The Louisiana Law Review e-journal published The Book of Peppercorns (May 31, 2013), which opens the door to Professor Baier’s forthcoming biography of Frederick Bernays Wiener entitled Written in Water:  An Experiment in Legal Biography, a collaboration with Jacob A. Stein, Esq., of the District of Columbia Bar.  Messrs. Baier and Stein co-authored “An Evening with Justice Oliver Wendell Holmes and Chief Justice E. D. White” published in Arthur R. Carmody, Jr.’s History Column in The Bar Review (Shreveport Bar Ass’n, March 2013).

The Pace Law Review will publish Professor Elizabeth Carter’s article, Tipping the Scales in Favor of Charitable Bequests: A Critique, in a forthcoming issue.

In October, Professor Carter will conduct a seminar at Tulane University School of Medicine for medical students beginning their clinical rotations. The topic of the seminar is Living Wills, Medical Powers of Attorney, and End of Life Decisions. Professor Carter will present on a similar topic at the LSU Law Estate Planning Institute.

During the summer, Professor Carter was appointed to serve on two Louisiana State Law Institute committees, Successions and Adult Guardianship.

Professor Michael Coenen’s article, Constitutional Privileging, appeared in the June 2013 issue of the Virginia Law Review.  The Minnesota Law Review accepted for publication his article entitled, Spillover Across Remedies.

Professor William Corbett published an essay in the Vanderbilt Law Review En Banc, the online version of the journal.  The essay, Calling on Congress:  Take a Page From Parliament’s Playbook and Fix Employment Discrimination Law, 66 Vand. L. Rev. En Banc ___ (2013), urges Congress to discontinue its incremental approach to fixing the federal employment discrimination laws by overturning Supreme Court cases with which it disagrees, and instead to undertake a comprehensive reform of the law as the Parliament of the United Kingdom did in the Equality Act of 2010.

Professor Corbett will also publish An Outrageous Response to “You’re Fired”, in the North Carolina Law Review Addendum.

On November 15, 2013, Professor Corbett will participate with other torts and employment law scholars at a symposium, Torts and Civil Rights Law:  Migration and Conflict, at the Ohio State University Moritz College of Law.

Professor Christine Corcos published From Agnatic Succession To Absolute Primogeniture: The Shift To Equal Rights of Succession To Thrones and Titles In the Modern European Constitutional Monarchy, 2012 Mich. St. L. Rev. 1588, part of a symposium issue on Gender and the Legal Profession’s Pipeline to Power, held in April of 2012.  In July, she was re-elected Secretary/Treasurer and Member of the Board of Governors of the Law and Humanities Institute, a non-profit devoted to promoting interdisciplinary studies between law and the humanities.

During last year and this summer, Professor Bill Crawford published his article in the Louisiana Law Review entitled “The Constitutional Authority Giving Our Appellate Courts Jurisdiction of Fact Should Be Repealed” (73 LLR, 703, Spring, 2013).  Additionally, during this past summer, Professor Crawford prepared and furnished to his publisher the materials for his 2014 Edition of the Louisiana Code of Civil Procedure; the pocket part for his book “Tort Law” which is Volume 12 of the Louisiana Civil Law Treatise Series; and the pocket parts for Volumes 10, 11, and 12, West’s LSA Civil Procedure.  Also, during the summer, he functioned as Director of the Louisiana State Law Institute, preparing the legislative work of the 2013 session for integration into the revised statutes.

Professors Edward Dawson and Heidi Thompson are listed on the Board of Editorial Advisors for the Third Edition of The Redbook: A Manual of Legal Style.

Professor Edward Dawson’s article, Speak Now or Hold Your Peace: Prearbitration Express Waivers of Evident Partiality Challenges, has been accepted for publication in the American University Law Review.

Vice Chancellor Raymond Diamond appeared on LPB’s “Louisiana: The State We’re In” on June 26 to discuss Shelby v. Holder, which invalidated the preclearance formula of the Voting Rights Act.  On August 30, he appeared on the show to talk about the 50th Anniversary of the March on Washington.  Vice Chancellor Diamond discussed the verdict in State of Florida v. George Zimmerman on MSNBC’s “The Cycle” on July 16.

Vice Chancellor Diamond has been quoted in the following news articles regarding gun control and the right to bear arms:  “Child gun deaths shake Louisiana communities,” The Advocate (July 1, 2013); “New gun law sets stage for conflict,” The Advocate (July 28, 2013); “Marigny shooting case hinges on self-defense law,” The Advocate (August 13, 2013); and “Constitutional amendment leaves gun laws in disarray,” The Advocate (August 13, 2013).

Vice Chancellor Diamond’s article, In the Civic Republic: Crime, the Inner City, and the Democracy of Arms – a Disquisition on the Revival of the Militia at Large (with Robert J. Cottrol) 45 Connecticut Law Review 1605 (2013), will appear in the forthcoming issue of the Connecticut Law Review.

Vice Chancellor Diamond delivered “The Inner City, the Democracy of Arms, and the Revival of the Militia at Large,” at Nova Southeastern School of Law in April 2013, and at Southern University Law Center in February 2013.

Professor Philip Hackney was a panelist for two sessions at the Southeastern Association of Law Schools 2013 Annual Conference: Workshop on Taxation: Tax Policy Discussion Group and Social Engineering and the Tax Code: A Record of Success?

Professor Keith Hall gave a guest lecture entitled “An Overview of the Laws Governing Oil & Gas Exploration and Development” to a LSU Department of Petroleum Engineering graduate student seminar.  He also made a presentation on “Recent Developments in Environmental Issues Relating to Shale Gas Development” at the Institute for Energy Law’s 4th Annual Shale Gas Conference in Fort Worth, Texas.  In addition, he made presentations on legal issues arising from hydraulic fracturing for a webinar sponsored by the American Bar Association’s Real Property, Trusts and Estate Law Section and at a conference in San Destin, Florida organized by the Environmental Law Sections of the Alabama, Louisiana, and Mississippi State Bar Associations.  Finally, he spoke on “Impacts of Shale Development on a Macro Level” at the Texas Bar Association’s Advanced Oil, Gas & Energy Resources Law Course in Houston.

In July 2013, Professor Keith Hall and seven LSU Law School students attended the 59th Annual Rocky Mountain Mineral Law Institute in Spokane, Washington.

Professor Robert Lancaster gave a presentation to the Family Law Section of the Baton Rouge Bar Association on September 19, 2013, entitled “Ethical Responsibilities of Supervising Non-Lawyers in Your Office: An Exploration of Chapter 5 of the Louisiana Rules of Professional Conduct.” The presentation explored lawyer disciplinary actions for failure to properly supervise junior lawyers, paralegals, law student clerks, and other non-lawyers.

Professor Lancaster also participated in SAVA (Sexual Abuse Victims Advocate) training of LSU staff on July 31, 2013, and taught the segment related to civil and criminal orders of protection.

Professor Alain Levasseur edited the 2013 edition of the Louisiana Pocket Civil Code published by LexisNexis and published, as the lead author, a Casebook on European Law (2013 Carolina Academic Press).  Also, he completed the ‘first draft’ of the translation (from French into English) of some 2200 ‘civil law’ words from the Vocabulaire Cornu. LexisNexis Europe will publish what will be the first ‘complete’ dictionary of the civil Law in English. This work is being done under his supervision with JURISCOPE (France).

Professor Levasseur will edit the 2014 Pocket Louisiana Civil Code for LexisNexis, will work on a paper as “US national reporter” for the 2014 meeting of the International Academy of Comparative Law to be held in Vienna in July 2014 and will present a paper at a conference at the French Cour de Cassation in November 2014.

Professor Ken Levy moderated a panel entitled “A Questionable Verdict?  Trayvon Martin, George Zimmerman, and Stand Your Ground Laws.”  Prof. Levy’s two fellow panelists were Prof. Donald Tibbs of Drexel University Earle Mack School of Law and Lewis Unglesby of Unglesby Law Firm.  You may watch the entire panel here.

On September 26, Professor Levy presented a paper, “Situationism Shows that Criminal Responsibility Does Not Require Moral Responsibility,” at the Western Michigan Medical Humanities Conference and on Oct. 5 at the Central States Law School Association’s 2013 Annual Conference, which was held at the University of Arkansas – Fayetteville.

Professor Melissa Lonegrass’ article, Finding Room for Fairness in Formalism—The Sliding Scale Approach to Unconscionability, appeared in print in Volume 44 of the Loyola Chicago Law  Review.  Professor Lonegrass continues to develop her research on consumer standard-form contracts in two works-in-progress: Judicial Degradation in the New Contract Formalism—Causes and Consequences and All that Glitters is Not Gold: Another Look at European Solutions to Unfair Contracts.

Additionally, Professor Lonegrass continued her scholarly research in the area of landlord-tenant law.  Her article, The Anomalous Interaction Between Code and Statute—Lessor’s Warranty and Statutory Waiver was accepted by the Tulane Law Review and will appear in Volume 88 of that publication in the winter of 2014.  Professor Lonegrass was invited to write and speak at the 2013 University of Arkansas at Little Rock Law Review Ben J. Altheimer Symposium, A Question of Balance: 40 Years of the Uniform Residential Landlord and Tenant Act and Tenants’ Rights in Arkansas (Little Rock, Arkansas, February 1, 2013).  Her article, A Second Chance for Innovation—Foreign Inspiration for the Revised Uniform Residential Landlord and Tenant Act, will appear in Volume 44 of the University of Arkansas Little Rock Law Review.

Professor Katherine Macfarlane’s article The Danger of Nonrandom Case Assignment: How the Southern District of New York’s ‘Related Cases’ Rule has Shaped the Evolution of Stop-and-Frisk Law has been accepted for publication in the Michigan Journal of Race & Law.

Professor Michael Malinowski published four law review articles in 2012 that question the global science standard for human clinical research in drug development, and the role of the U.S. government in science funding and regulation of prescription drugs.  He entered into an agreement with West Publishing to write Biotechnology in a Nutshell, and his most recent article addresses access to experimental treatments at the end of life.   Professor Malinowski delivered the B. F. Skinner Keynote Address at the 39th Annual Applied Behavior Analysis International (ABAI) Conference in Minneapolis, Minnesota, which was entitled Regulatory Reform of Drug Development to Raise Responsiveness to the Reality of Human Variability.  He also began service as a member of the French-American Chamber of Commerce Committee on Biotechnology, served as a member of the Louisiana Legislature’s Study Commission on Licensure of Behavior Analysts and helped to establish the Louisiana Behavior Analysis Association (LaBAA), a Louisiana nonprofit professional organization.

Professor Olivier Moréteau presented “Mind the Gap, Mend it or Hide it! What Gap-Filling Reveals about Legal Systems and Cultures,” at a World Society of Mixed Jurisdiction Jurists and Johns Hopkins University Conference in Catania (Italy), May 27, 2013. He presented “Remarks on Academic Formalism in France and the United States,” at the Juris Diversitas Annual Conference, in Lausanne (Switzerland), on June 4, 2013. Professor Moréteau presented  “How Codes Connect to Legal Systems: Revisiting the Concept of Code through a Study of Peripheral Provisions” at a Comparative Legal History Workshop in Lund (Sweden), on August 20. He published, among others, Restating Tort Law: The American and European Styles (with Michael D. Green), 3 Journal of European Tort Law 281-307 (2012) and François-Xavier Martin Revisited: Louisiana Views on Codification, Jurisprudence, Legal Education and Practice, 60 Louisiana Bar Journal 475-479 (2013).

Professor Ed Richards was quoted in the Forbes article Swamp Thing: Lawsuit Blaming Oil Companies for Wetland Loss Might As Well Blame the Plaintiffs.

The Harvard Law School Forum on Corporate Governance and Financial Regulation featured Professor Christina Sautter’s article, Lock-Up Creep, forthcoming in the Journal of Corporation Law.  The feature can be accessed here.  The Forum provides an arena for corporate governance communications and draws over 50,000 readers each month.  The Forum has been cited in leading financial media, including the Wall Street Journal, the Financial Times, and The Economist.  Professor Sautter co-authored this article with Professor Steven Davidoff for the Journal of Corporation Law symposium: Ten Years After Omnicare: The Evolving Market for Deal Protection Devices held at University of Iowa College of Law.

On August 1, 2013, Professor Sautter participated as a panelist on the Self-Promotion in the Mode of Abraham Lincoln-Not P.T. Barnum panel at the Annual Meeting of the Southeastern Association of Law Schools held in Palm Beach, Florida. She presented an essay on the modernization of crown jewel lock-ups at the National Business Law Scholars Conference held in Columbus, Ohio on June 12, 2013.

On September 21, Professor Maggie Thomas presented a work-in-progress, The Scope of the Case or Controversy in Multidistrict Litigation, at the first annual Junior Faculty Works-in-Progress Conference hosted by Marquette Law School. The purpose of the conference was to bring together eight promising young scholars to meet to engage with each other and the Marquette Law School faculty.  Participants were required to provide a substantial draft of their latest work-in-progress and to serve as a commentator on another participant’s paper.  Participants were selected through a competitive process.  Professor Thomas will present the same paper at the Junior Faculty Federal Courts Workshop at Brooklyn Law School the weekend of October 4.

Professor Thomas was quoted in the Reuters article Halliburton Plea May Help BP in Spill Liability Battle.