THE
CIVILIAN CIVILIAN
A STUDENT PUBLICATION FOR THE LSU LAW CENTER COMMUNITY MARCH 2019 | VOLUME 16 | ISSUE 5
‘
DOG: MAN’S LAW STUDENT’S bEST FRIEND ‘
All good law students know that law school is stressful. Lawyers have higher-than-average rates of depression and problems of substance abuse, and students are encouraged to find healthy coping mechanisms early on. These mechanisms range from exercising to meditating to…puppy snuggles. Studies have shown that animals provide many positive benefits to humans. Interaction Victoria Heyer with animals can lower blood pressure, Staff Writer increase cardiovascular health, encourage people to exercise more frequently, reduce loneliness, increase self-esteem, and increase laughter. Cornerstones, a student organization at the Law Center, remains focused on helping students find healthy ways to cope with stress and balance their lives since it was first founded in 2016. The group has hosted yoga sessions, nature hikes, and most recently – therapy sessions with dogs around finals. Cornerstones member and 3L Allena McCain has been instrumental in bringing the dogs to the Law Center to help students relieve stress. McCain said she has a friend at Loyola
Law School who told her about their program which would periodically bring dogs to the library for the students. She thought this was a great idea, particularly since she’s not allowed to bring her own dog to school. Since this program has started, Cornerstones has gotten nothing but positive feedback. Naturally, there was some concern about students with allergies or who don’t like dogs, but McCain said she hasn’t heard any complaints. Students are very excited when they get to walk out of class and see a group of dogs in the hallway. “It definitely changes the atmosphere of the school. Just when things get really tense and overly negative, the dogs come and shake it up, and everyone has a little extra pep in their step,” she said. Even though the dogs are only able to visit for a short period of time, the effects of their visit can last for days. Encouraged by the benefits, some students have discovered ways to play with pups off campus. One way is through the Date-a-Dog program through Companion Animal Alliance, a local animal rescue organization. This program is perfect for the overworked law student who needs continued on page 3...
THE CIVILIAN | MARCH 2019
Much Ado About
Scheduling
DO
DON’T
• Get your experiential hours out of the way
• Take 8 a.m.’s.
early, unless you’re doing skills courses –
• Take multiple hour and a half classes
those are easy, have no final, and are great
back to back.
for 3L spring semester.
• Schedule breaks that are too long for you
• Check your potential exam schedule when
too want to stay on campus, but too short
scheduling classes.
for you to be able to go home or to work.
• Take Administrative Law early on.
• Take a class you’re totally not interested
• Take LA Civil Procedure I before working
in because you heard through a friend of a
at a firm.
friend that it’s an “easy A.”
• Take Common Law Property if you think
• Spot Successions.
there is even a chance you will go out of
• fORGET TO SET AN ALARM FOR YOUR ASSIGNED
state.
REGISTRATION TIME.
• Take summer classes 1L summer if you will
• TAKE A CLASS JUST BECASUE YOU HAVE A GOOD
be in Baton Rouge, even if just one class in
OUTLINE.
the morning before work/externship. • Check out the schedule for the following
• Create your schedule around what classes your friends are taking.
semester too. • Weigh the option of taking a class with a
List content provided by:
harder teacher with having an easier time studying for the bar.
Editor-in-Chief Randee Iles Creative Director Carlos Coro News Editor Rachel Warren Columns Editor Cavett Feazel Production Editor Caitlin Mullaney Web Director Connor Fagan
Staff Writers Taylor Falcon Alex Geissman Zachary Gonzalez Victoria Heyer Wesley Schini Melanie Richard Kerith Willard
Columnists
Bret Guepet
registering.
Quintele Jackson
• consult professors if you have any questions about specific courses.
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Editorial Board
Prof. Jeff Brooks
• Check your degree audit on mylsu before
• Register on time!
The Civilian Staff 2018-2019
Alex Geissman Staff Writer
Sean Patrick King Candace Square
THE CIVILIAN | MARCH 2019
Date-A-Dog continued...
a little stress relief, but cannot own their own pet.
Aliyah Fowler, 3L, has participated in this program and has nothing but wonderful things to say about her experience. Fowler said she always had pets growing up, but knew that she would not have the time to properly care for a dog when she moved across the country to start law school. At the beginning of this semester, she attended Companion Animal Alliance’s orientation despite her fears that she would not be able to bond with a dog and not adopt him or her. Following orientation, she visited with several dogs before choosing Deejay, a beautiful dog who reminded her of her family’s dog, Jameson. After meeting Deejay, Fowler quickly signed him out and the two began their adventures. She bought him toys and the they explored Aliyah’s apartment and took a walk around the lakes before returning Deejay to the shelter. After that first day, Aliyah
said she felt refreshed for the first time in a long time. She cleaned and reorganized her entire apartment and was motivated to get up early and complete her school work so she had more time with Deejay. Date-a-Dog allows you to pick up your furry friend anytime after 10 a.m., as long as you return them before 4:45 p.m. Deejay brought such a positive change to Aliyah’s life that she decided she would adopt him. She even received her parent’s blessing. Unfortunately for Aliyah, another family adopted Deejay while she was in Houston for an external trial competition. As heartbreaking as that was, Aliyah has rebounded. She has since gone back to Companion Animal Alliance and is continuing to participate in the program. “It means a lot to me knowing that I’m making such a huge difference,” Fowler said. “These dogs are only able to get out of their kennels for brief periods of time and they light up as soon
Congratulations John L. Costello National Criminal Trial Competition team won FIRST PLACE at this year’s competition! Pictured with the national championship trophy are coach Lindsay Blouin (‘12), team members Allena McCain, Elise Benezech, and Brooke Delaune, and coach Joshua Newville (‘12).
National Environmental Law Moot Court Competition Team (Patrick Voelker, Molly Reinhardt, and Lindsay Rich) tied for 2nd Place as National Finalists at the 2019 rounds of the NELMCC! The NELMCC team is coached by Karen Blakemore (LSU Law ‘07) of CK Associates Environmental Consulting.
Lefkowitz National Trademark Law Moot Court Competition team won the NATIONAL CHAMPIONSHIPS. Team members Briana Falcon and Joe Heaton took home the First Place Team award, along with the award for Best Oralist Team! The LSU Law Lefkowitz Trademark Law Moot Court team is coached by Prof. Lee Ann Lockridge and Advocacy Fellow Annie Scardulla.
William VanDehei, was named one of the Top Ten Best Individual Oralists at the U.S. South qualifying rounds of the Philip C. Jessup International Law Moot Court Competition!
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THE CIVILIAN | MARCH 2019
Magic at the PMAC The 2018-19 LSU Tigers men’s basketball season has been a campaign for the ages involving seven overtime contests, upset victories, a looming FBI investigation, and the Tigers’ first SEC Regular Season Championship in a decade. At the end of the regular season, LSU was averaging over 80 points per game (81.6) for the first time since the 1993-94 season (80.0) and their position at 10th in the AP Poll is the program’s highest ranking Zachary Gonzalez since reaching 5th in 2006-2007 season. Staff Writer The Bayou Bengals finished the regular season with a 26-5 overall record and will be the No. 1 seed in the SEC Tournament with a 16-2 conference mark. LSU’s 16 conference wins are the second most in school history after the program won 17 games back in the 1980-1981 campaign. After securing the hardware for the regular season, LSU now has a legitimate shot to double down and win their first SEC Tournament Championship since 1980. Assessing their overall record, four of LSU’s victories have come against ranked opponents. In mid-December, they defeated the then No. 24 ranked Furman Paladins 75-57 at home. Given that Furman is 25-6 and third in the Southern Conference standings, this win still looks very good on LSU’s resume. Fast-forward to the third game of conference play in mid-January when an unranked LSU went into Oxford and bested the then No. 18 ranked Ole Miss Rebels 83-69 in mid-January. Even though Ole Miss went on to drop four of their next five after the LSU loss, the Rebels finished sixth overall in the SEC standings and stand at 20-11. The two sweetest Tiger victories of the season would come about a month later. Facing a then No. 5 ranked Kentucky Wildcats team who had won 10 games in a row, LSU relied on a last-second tip-in from Kavell Bigby-Williams to escape with a stunning 73-71 upset win at Rupp Arena. Eleven days later, LSU would again match up against the No. 5 team in the country when the Tennessee Volunteers came to town. Overtime would be needed and last second heroics would again take the forefront. Taking the place of an ill Tremont Waters, freshman Ja’vonte Smart sank two free throws with less than a second remaining to propel LSU to an 82-80 victory. Both games would be difference makers, as Kentucky finished at 26-5 and Tennessee finished at 27-4. Both teams were just one game behind LSU in the SEC standings, giving the Tigers an outright conference championship. Looking at LSU’s five losses, they can be split into “quality losses” and “bad losses”. Let’s look at the quality losses first. In midNovember, the Tigers suffered an overtime loss to the then No.
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14 ranked Florida State Seminoles in the AdvoCare Invitational Semifinal by a score of 79-76. The Seminoles have climbed and fallen in the rankings throughout the year, but currently they sit at No. 14 with a 23-6 overall record. This is not a bad loss. Three games later in mid-December, LSU traveled to Houston and at one point held a 14-point lead on the then No. 24 ranked Cougars before losing 82-76. Houston finished the regular season as the No. 12 ranked team in the nation with a 27-2 record and losses to Temple and UCF. Though the Houston game was one that LSU should have definitely won, this is not a bad loss either. Now the three bad losses for LSU are sprinkled throughout their schedule. After losing a heartbreaker to Florida State, LSU dropped their next game to the Oklahoma State Cowboys by a score of 9077. Oklahoma State wound up second-to-last in the Big 12 with a 12-19 record. After this loss, the Tigers ripped off a 10-game winning streak before falling at home to Arkansas by a score of 9089 due to poor late-game play calling. Arkansas ended the regular season in the bottom five of the SEC with a 17-14 record on the year. Finally, LSU’s last regular season loss came in mid-February when the Florida Gators came into Baton Rouge and shocked the Tigers with an 82-77 overtime win. The Gators finished the regular season 17-14 and are one of the last four teams projected to even make the NCAA Tournament. Despite the tough loss to Florida, LSU remained in the driver’s seat and won their final five games of the regular season to win the SEC. They are now guaranteed to make the NCAA Tournament for the first time since the 2014-15 season. Though much credit should be given to head coach Will Wade in just his second season at the helm (amidst rumors of his alleged connection to the college basketball corruption scandal), the players making the magic happen on the court should not be overlooked. Here’s a quick glance at the team leaders for the Tigers throughout the regular season. In the blocks department, senior forward Kavell Bigby-Williams leads the team with 2.0 blocks per game. In free throw percentage, junior guard Skylar Mays has converted 85.5% of his shots from the charity strike. Sophomore guard Tremont Waters leads the team in a plethora of categories as he is averaging 15.3 points, 6.9 assists, and 3.1 steals per game. Rounding out the group, highly touted freshman forward Naz Reid leads the team with 6.9 rebounds per game. Winning the SEC Tournament would be the next logical step for this LSU team to take. If LSU can rip off six more victories in mid-March going into early-April, then they will bring home the first basketball national championship in school history.
THE CIVILIAN | MARCH 2019
DEMOCRATS GREEN-light a new deal On February 7, Alexandria Ocasio-Cortez, representing New York’s 14th Congressional District, and Senator Edward J. Markey of Massachusetts unveiled a non-binding resolution called the “Green New Deal.” This resolution outlines the growing threat of climate change and promotes environmentallyfriendly and alternative solutions to agriculture, transportation, wages and more.
Based on two major recent reports issued last year by the United Nations and 13 federal agencies, respectively, the Green New Deal (GND) suggests that if current temperatures continue to rise, the world could face an increased threat of droughts, wildfires, and other disasters. More importantly, the reports showed that the US could be negatively impacted by higher temperatures in the form of billions of dollars lost and a shrinking economy. Taylor Falcon Staff Writer
At its heart, the goal of this proposed plan is to have the world achieve “net-zero emissions” by 2050. This means that there would need to be enough carbon removal — like carbon sequestration and improved land management techniques — to offset any carbon emissions into the atmosphere. This also means that the U.S. would be acting as the leader in environmentally-aware practices in both the public and private sector. More than that, the GND aims to offer solutions beyond just technological standards. The plan additionally aims to tackle issues such as racial discrimination and poverty through creation of new higher-paying jobs in the clean energy industry. Critics of the plan worry that it is going to be infeasible and offers solutions that are simply impractical. Proponents say the plan proposes working with different sectors, such as farmers, to develop a less wasteful and more pollution-free method of business. But the plan does have flaws. Mainly, that it is unclear in terms of the details of what it would cost and what kinds of energy it would support. The confusion is partly due to the way that the plan was rolled out
wlsa civics DAY
to the public. A few days after the announcement, staffers pushed out a summary of the GND which was inconsistent with previous descriptions and contained provisions which were not endorsed by Democrats. As it relates to the cost, President Trump has claimed that the price of the plan would be around $100 trillion. Vermont, on the other hand, has initiated its own plan to transition to 90 percent renewable energy by 2050, at a cost of $33 billion. However, the state’s clean energy sector is steadily growing and expects this to spur cost-savings for its customers. In response to budget concerns, Ocasio-Cortez has acknowledged that she believes the plan will be expensive, but urged that the economic growth stimulated by the plan will more than pay for itself. Unfortunately, this plan does not and cannot have the same effect as would proposed legislation though a bill. Instead, this plan, which is submitted in the form of a non-binding resolution, offers a means for members of congress such as Ocasio-Cortez and Markey to express their concern and garner support for a given subject. Additionally, this plan is not poised to be a single piece of legislation. Like the “New Deal” before it, the GND seeks to combine separate proposals together in one neat environmentally friendly package. Still, this non-binding limitation has not stopped some from expressing their intent to bring the package to the floor. Senate Majority Leader Mitch McConnell has stated his intent to try to bring the Green New Deal to a vote by the end of the ongoing session. Other Republicans have showed their support for this as well, stating that the plan shows Democrats are out of touch with how most Americans the issue of energy and the economy. Republicans have already started to run ads that tie certain presidential candidates to the deal in the hopes that fails. Feeling this pressure, some Democratic candidates have focused on language that avoids specifics about the proposals in the plan. Ultimately, the introduction of the Green New Deal and the corresponding reaction to it show that it will be a pivotal platform for debate in the upcoming elections.
april 2, 2019 BLOOD 10 a.M.- 2 P.M. DRIVE
gift of life marrow registry 5
THE CIVILIAN |MARCH 2019
Murder for hire?
TIME TO LET THE JURY DECIDE
Attorneys were able to select a jury Wednesday, March 27 and opening arguments, testimony and closing arguments will take place at the Caitlin Mullaney LSU Law McKernan Production Editor Auditorium at 6 p.m. on Thursday, March 28 in the trial of a man accused of paying to have his wife murdered in November 2014. Conrad Grayson, 34, is set for a onenight trial on one count of solicitation for murder in the violent death of his wife Victoria Grayson, 34. Grayson’s lead attorney Jeffrey Brooks has moved for a dismissal of the charges numerous times on various accounts, each time the prosecutors have objected, and each time Judge Blackwell has denied the motion. Flory Parish Assistant District Attorney Justin DiCharia, the prosecutor in the case, stated, “Our job is to ensure justice for Victoria Grayson and her family. Her husband broke his vows to his wife by hiring Frankie Stevens to kill Victoria. He took away an integral part of this community just for greed.” 6
If Grayson is found guilty for the crime of solicitation of murder he faces up to 20 years of imprisonment at hard labor, with a mandatory five years. This is the first murder for hire trial to ever occur in Flory Parish. Police say that Grayson paid Frankie Stevens $20,000 to kill Grayson’s wife, Stevens has already entered a guilty plea for the second-degree murder of V. Grayson. Stevens had previously been hired by Grayson to do some landscaping at the Grayson house and was working with Grayson on another project on the house at the time of the murder. On November 26, 2014, police were called to the Grayson household at 2340 Ocean Point Drive around 1:50 p.m.; where there were reports of a body floating in the pool, the body later identified as V. Grayson. The call was made by Lydia Davis, who has
since been identified as a neighbor as well as Grayson’s mistress. When they arrived at the scene, police found Grayson and Davis in the backyard near the pool - neither party had attempted to aid the individual in the pool stating it was “obvious there wasn’t anything anyone could do.” Police were notified that Grayson was inside packing a suitcase, while Davis had wandered into the backyard where she discovered the body. CSI discovered a claw hammer covered in what was determined to be V. Grayson’s blood and hair in a bush near the pool, the hammer also contained fingerprints that were matched to Stevens.
Stevens was arrested on November 29, 2014, Stevens confessed to the murder implicating Grayson as the financial backer to his crime. Police believe that financial benefit on the part of Grayson is the 1st Annual Cheney Joseph Memorial predominant motive.
STUDENTS VS. FACULT Y C HARIT Y MOC K TRIAL
Come watch the student team compete against the faculty in a high-stakes game of whodunnit. Using the Fall 2018 Ira S. Flory Mock Trial Competition case packet, students will prosecute faculty to determine who is guilty and who is innocent. Put your name in the hat to sit on the jury! Entry is $1.00. BOA members will be sitting at tables in the lobby March 25th-28th. All proceeds will be donated to the LSU Foundation in the name of Prof. Cheney Joseph. Presented by the LSU Law Board of Advocates.
th 28 March
6:00 PM Auditorium
Grayson has maintained a stance of not guilty The Civilian will be present in the courtroom and will be providing live updates of the trial, make sure to follow along with us on our Facebook page!
THE CIVILIAN | MARCH 2019
Dear Dr. L
Have your eye on a cute 1L? Interested in a dreamy 3L? A 1L/3L relationship doesn’t seem like the best idea, but sometimes it’s just meant to be. If you’re thinking about entering into a 1L/3L Quintele Jackson relationship, you might Columnist want to take a look into a current one to see what it’s all about. The following is an interview with a dynamic duo who recently became enamored with each other.
with wine and Chick-Fil-A in front of her and she said that sounds like a great night. So, I made that happen. I suppose my thoughts were “I hope this isn’t too cheesy” and “I really hope I didn’t mess up by setting a first date on Valentine’s Day.”
Dr. Love: What is it like dating a 1L? 3L?
P: He’s LOUD and knows a LOT of people in the law center.
Nick (3L): It’s good. We have only been seeing each other for a little while but everything has been good so far.
Doc: What goals do you have for your relationship?
Paige (1L): I think you’re looking for an answer about dating older men and how it’s exciting blah blah blah, but he’s not older. It’s nice to have met someone around my age but sucks that he is leaving soon Doc: Who asked whom out first? N: She slid into a friends DMs and asked about my relationship status. This “wingmen to shame all other wingmen” screenshot the convo and sent it my way. After that, I began flirting then slid into the DMs. I would say my first time sliding into DMs worked out well. P: I asked his friend if he was single, and then invited him to come sit with me outside, but after that he slid into my DM’s. All of this after him “flirting” with me for a semester – which went right over my head. Doc: What were you thinking about on your first date? N: Well our first date was on Valentine’s Day. I had joked about sitting in bed alone
P: Bold move asking me on a first date on Valentine’s Day Doc: What is the first thing you noticed about your partner? N: Her intellect. Whenever we talked it was witty, back-and-forth conversation which I really liked.
N: I don’t have goals for the relationship. I just want to live in the present, enjoy the moments we spend together, and let whatever develops come into its own. P: Boss ass lawyer couple rolling in
money.
ve
Doc: Do you study together? N: I’m a 3L who only needs 2 hours to graduate. I don’t really study. But I work on assignments from work while she works through her unnecessary 1L assignments lol. P: We sit outside at school together, one of us is usually studying… it’s me, it’s always me. Doc: What is the most challenging part about dating a first year-student? N: Not getting too involved in her school life. Trying to focus on being supportive and not telling her how and why to do things. Doc: What is the most challenging part about dating a third-year student? P: The unending peer pressure to skip class and knowing he is “leaving” soon. Doc: Does it get overwhelming seeing your partner daily? N: Not really. I enjoy seeing her. P: Not at all, I still get excited when I do. Doc: Could you get over your partner cheating? How? N: Nah. That is one thing I don’t play with. If you cheat, it’s over. No hard feelings, just no more relationship. P: No, I don’t mess with that. Doc: If you had one final day with your partner how would you spend it? N: Cheat day. Go to all the best places to eat everything bad for us. Then go make memories like at the botanical gardens, hiking, taking pictures, etc. P: That’s morbid, who’s dying? If he’s dying, we can do whatever he said, if I’m dying, we’re going to my home in Atlanta and doing all of my favorite thing there – Braves/Atlanta United game, Georgia Aquarium, anything to do with the Dawgs!
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THE CIVILIAN | MARCH 2019
Clinic Corner: Prosecution Clinic The experiential learning spotlight shines on the Prosecution Clinic this month. Participating students are able to serve as special assistant district attorneys under the supervision of acting assistants once they are sworn in as Special Prosecutors under Supreme Court Rule XX. Only 3L are allowed to participate in this clinic. District Attorney Hillar Moore III is extremely Melanie Richard supportive of the Special Prosecutors, as are Staff Writer all the judges of the 19th Judicial District, giving the Prosecution Clinic’s student attorneys an incredible experience.
“Law is about someone’s mistake, negligence, fault or crime, so it is by definition messy,” Fields said. “Without professionalism and ethics—law would not be just.” In addition to zealously representing the State of Louisiana, students have to complete a classroom component. Before beginning their work with the clinic, participating students must attend a weekend orientation.
During the semester, students attend class in the District Attorney’s Office, which often features a guest speaker. The guest speakers cover a wide range of topics from Brady material to the relationship between prosecutors and law enforcement officers. They are also required to spend a minimum of one day per week in the office or in court working under section assistant Melanie Fields, adjunct clinical professor and assistant district district attorneys. Student attorneys devote a minimum of 135 attorney, said she believes the Prosecution Clinic is one of the hours to the clinic. best possible clinical experiences offered at the Law Center. Before taking over, Fields had clinic students placed with her and was a guest lecturer for the class several times. She currently oversees the clinic’s students with Professor Steve Danielson, a fellow assistant district attorney. Prosecution Clinic student attorneys learn the ins and outs of litigation, and each day can be very exciting.
Congratulations TO THE NEW BOARDs OF EDITORS
“Because crimes happen daily, defendants violate conditions of bail probation or parole daily, and victims are often intimidated, in immediate danger and in need of temporary witness protection, the days as a prosecutor are never dull,” Fields said. “The students are sworn prosecutors, so they may attend and participate in grand jury proceedings, motion practice, and may conduct misdemeanor trials on their own,” she said. “They may accompany section attorneys and investigators to active crime scenes, autopsies, witness interviews, and officer trial prep.” Student attorneys conduct interviews, screen misdemeanor and felony files, make court appearances for misdemeanor charges, and more. Fields explained exactly why she thought the work the student attorneys do is important. “Our prosecutors evaluate cases as they enter criminal system and have the ability to formally bill or charge someone—thus, thrusting them into the criminal justice system,” Fields said. “Or, they may choose, based upon the facts and evidence, their conversations with the victim and/or the officers, to nolle prosequi or divert someone—giving them a second chance.” In addition to joining to ranks of other administrators of justice, student attorneys in the Prosecution Clinic learn how important the rules of procedure, evidence and ethics are in litigation. Students interact with the public, the defense bar, the court, assistant district attorneys, and law enforcement, and their professionalism is paramount.
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Louisiana Law Review Vo. 80 Editor-in-Chief Meredith Will Managing Editor Elias Medina Articles Editors Emily Gauthier Steven Spires Production Editors Sam Boyer Bethany Bunge Executive Senior Editor Delery Perret Senior Editors Hannah Mayeaux Caroline McCaffrey Madeleine Morgan Claire Schnell Cecilia Vazquez Online Editor Luis Balart
journal of energy law and resources VO. VIII Editor-in-Chief Rachel Moody Managing Editor Evans Dorroh
Notes and Comments Editor Katelyn Bayhi Senior Articles Editor Daniel Bosch Online Articles Editor Hayley Franklin Production Editors Roya Khosravi Sarah Simmons Senior Editors Elise Benezech Laura Marcantel Beverly Perkins Ashley Randol
THE CIVILIAN | MARCH 2019
HAILEY
LYONNAIS
Q: Do you have a job lined up for the Hometown: West summer? A: Um, well I haven’t applied anywhere Palm Beach, FL Relationship Status: yet, so no. You can’t get rejected if you don’t apply. Non-Existent Class: 2L
Q: Out of the big 3 quintessential qualities in man, which one is most important to you: tall, dark, or handsome?
A: Handsome. He’s got to have good genes. Undergrad Major: Q: You sound like an unemployed Political Science Socrates. Anyway, what kind of music Q: Sounds like you’ve got someone in are you into right now? What were mind. Can you let me in on some 2L (yikes) you listening to when I called? gossip? Bret Guepet As a sharp whip of Columnist lightning cracked A: Well, we were listening to “Today’s A: Um. There’s not really anything going outside my window, I leaned back on my Hits,” but that doesn’t count. Indie music on in the 2L class because everyone is hand-me-down couch and picked up my is kind of my thing lately. It provides a pretty lame. Q: I can tell by that answer. What are phone. For the first time, I was conducting calming background. your favorite and least favorite smells? on over-the-phone Student Spotlight interview. My interviewee was heading A: That’s a weird question. I like the east for the weekend, so we decided to smell of gardenias. I really hate the do this the old fashioned way. Her name: smell of clothes that have been left in the Hardly Mayonnais (Hailey Lyonnais for washing machine too long. short). This interview was the product of Q: Nice, very specific. If you were on skipped classes and carbon emissions. America’s Got Talent, and your life Q: So, you’re currently driving to depended on moving on to the second Oxford, MS, right? What’s going on round, what kind of act would you there? perform? A: We’re going to some negotiation A: I have literally no clue. I’m not competition at Ole Miss’s law school. talented by any means. I guess I would We’re coming back Saturday night. try to come up with some comedy act. It Q: Planning to hit up the parades?
would fail dramatically.
A: Mardi Gras is fun. I’m lying to myself saying that I won’t go Sunday. I have no self-control.
Q: Yes, it would. Finally, do you have any really good, bad advice for the 1Ls going in to summer?
Q: Are you excited to be a 3L?
A: Go to Europe. Don’t stay here. You don’t really have to try on your finals in Europe. The curve is in favor of everyone.
A: Um yeah, but I feel like I’ve had the 3L mindset since fall 1L year.
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THE CIVILIAN | MARCH 2019
SCOTUS Protects Louisiana Women’s Abortion Rights(for now) The Supreme Court of the United States blocked Louisiana’s restrictive abortion law from taking effect on Thursday, February 8. This is the first major abortion-related decision to come from the Court’s new conservative majority.
By a 5-4 margin, SCOTUS blocked the Louisiana Unsafe Abortion Protection Act. The act itself passed back in 2014, but has Kerith Willard never gone into effect. The law requires Staff Writer abortion providers in Louisiana to have admitting privileges in hospitals within a 30-mile radius of their clinics or where the abortion is being provided. The law also requires doctors who perform more than five abortions a year to maintain proper licensing. In 2017, Judge John deGravelles of the Federal District Court in Baton Rouge struck down the law. Over 116 pages, Judge deGravelles pointed to major problems with the law, specifically that it would leave only one doctor in the state who would be able to get the admitting privileges and continue their practice. He estimated that about 10,000 women in Louisiana seek abortions each year, and that for the doctor “even working an implausible seven-day week, it would be impossible for him to expand his practice to meet even half of the state’s need for abortion services.” Judge deGravelles further stated that doctors in the state are often unable to get admitting privileges for reasons unrelated to competency and that the law created an undue burden on women’s constitutional right to abortion. The undue burden standard comes from the Supreme Court decision in Planned Parenthood v. Casey, which asks whether a state abortion regulation has the purpose or effect of imposing an “undue burden,” defined as a “substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.” However, a 2-1 panel of the Fifth Circuit Court of Appeals overturned Judge deGravelles ruling. The Fifth Circuit did not believe that there would be only one abortion provider left in the state and alleged that some providers have not attempted to get the proper license. The Center for Reproductive Rights asked the Supreme Court to step in and put the Fifth Circuit opinion on hold while the center prepared its appeal. The Center represents patients, doctors and clinics in the advancement for women’s reproductive rights. It believes that the law is a thinly veiled attempt to block abortions in the state. The temporary stay by SCOTUS is merely a band-
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aid. The court is likely to hear the case on its merits in the fall.
The Court’s order gave no reasons for the stay. Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh said they would have denied the stay. Chief Justice Roberts joined the Court’s four-member liberal wing in order to form a majority. However, this does not mean that Roberts will not go the other way when the Supreme Court hears the full case on the merits. Justice Kavanaugh published a dissent, acknowledging the precedent and stating he would appreciate more information about the effect of the law. In 2016, the Court struck down an almost identical abortion law in Texas in the case Whole Women’s Health v. Hellerstedt. In a 5-3 ruling led by Justice Stephen Breyer, the court noted that despite arguments that the restrictions were in order to protect women from unsafe abortion practices, “[t]here was no significant health-related problem that the new law helped to cure,” and that the admitting privileges requirement provides few, if any, health benefits for women. Justices Roberts, Thomas, and Alito dissented. The Fifth Circuit noted the similarities of the two laws, but ultimately decided that the benefits of the Unsafe Abortion Protection Act would outweigh the burdens. Judge Jerry E. Smith writing for the majority noted in his opinion that the law “does not impose a substantial burden on a large fraction of women.” The state has held firm on its position that the act is necessary in case of complications and to make sure that abortion providers are competent. However, challengers are adamant that the law is nothing but a front to prevent women in Louisiana from obtaining abortions at all. “The Supreme Court has stepped in under the wire to protect the rights of Louisiana women,” Nancy Northup, the president of the Center for Reproductive Rights, said in a statement. According to the American Journal of Public Health, abortion is one of the safest surgical procedures for women in the United States and is significantly safer than childbirth. Fewer than 0.05% of women obtaining an abortion experience a complication. As of May 1, 2018, certain restrictions on abortion are in effect in Louisiana including state-directed counseling, 24-hour waiting periods, and mandatory ultrasounds for the mother prior to the decision to abort. There are currently three clinics in Louisiana that provide abortions – located in Baton Rouge, New Orleans and Shreveport. Louisiana law allows women to have a surgical abortion up to 20 weeks into the pregnancy, unless the mother or fetus have severe health problems or abnormalities.
THE CIVILIAN | MARCH 2019
The Diversity and Professionalism Column -------------------------------------------------------------------------Ruth Bader Ginsburg: A Women’s Rights Icon
RBG, only three letters are needed to identify one of the most legendary and beloved Supreme Court justices in history. She has been called notorious, fierce and brilliant; all of which accurately describe her general fieriness and strong spirit. Justice Ruth Bader Ginsburg is a trailblazer who set the standard for defenders of equal rights and particularly Candace Square women’s rights.
she was as an attorney. Reading her dissent from the bench, Ginsburg made clear her disapproval of the Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co. (2007) to disallow Lily Ledbetter to sue her employer for being underpaid compared to her male counter parts. The majority reasoned that Ledbetter waited too long to make the claim against her employer, but Ginsburg stated that pay discrimination can happen gradually since, “compensation disparities…are often hidden from sight.”
Ginsburg was the first to submit a brief to the Supreme Court which argued that the Fourteenth Amendment’s Equal Protection Clause rendered laws that preferred males to females unconstitutional. It was Reed v. Reed (1971), in which the Court struck down an Idaho statute that would have allowed Sally Reed’s estranged husband to administer her late son’s estate simply because he was man, that brought Ginsburg to prominence.
She is also a strong advocate for women’s right to choose, sometimes writing solo opinions to defend her stance. She makes no efforts to veil her beliefs with niceties, often wearing an intricate black velvet “dissent color” when she disagrees with the majority opinion.
Columnist
Ginsburg’s fight for equal rights continued when she argued before the Supreme Court in Frontiero v. Richardson (1973). In this case a female member of the U.S. Airforce claimed discrimination based on an Airforce rule that said in order to receive benefits for her dependent husband, she would have to prove he was a dependent, even though men in the Air Force did not have to prove that their wives were dependent on them. The Court found that just as race has no effect on the ability of an individual, neither does gender. Just as she fought for women’s equal treatment under the law, Ginsburg also fought for the equal treatment of men. In Craig v. Boren (1976) Ginsburg argued that an Oklahoma statute which set the age that men could purchase beer at 21 while women were allowed to purchase beer at age 18 was unconstitutional. As a justice, Ginsburg remains the staunch advocate that
It makes sense that Ginsburg speaks loudly for women, since she faced discrimination in her own attempts to gain employment after law school, despite tying for first in her class at Columbia Law School. She was eventually granted a judicial clerkship only after one of her professors threatened to end his professional relationship with the judge if he did not hire Ginsburg. She went on to teach at Rutgers Law School and Columbia Law School. After arguing the above-mentioned cases as an ACLU attorney, Ginsburg was nominated to the Supreme Court by President Bill Clinton in 1993. She was the second woman to ever sit on the Court and is now one of only four women to ever have served as a Supreme Court justice. Ginsburg’s story is a story of resilience and relentlessness. It is a story that shows the power of self determination and refusing to let others diminish your own power simply because they do not believe that you are equally as capable as them. Ginsburg is a pillar of strength, who at 85-years-old continues to serve her country with passion, grace and dignity.
On March 15, the Women Law Students’ Association celebrated Justice Ginsburg’s birthday with an information table about female judges and the Kona Ice Truck.
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THE CIVILIAN | MARCH 2019
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