LSU Law - The Civilian, October 2016

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THE

CIVILIAN CIVILIAN

A STUDENT PUBLICATION FOR THE LSU LAW CENTER COMMUNITY OCTOBER 2016 | VOLUME 13 | ISSUE 2

When Officer Darren Wilson, having just tended to a baby with breathing problems, spotted Michael Brown and Dorian Johnson on August 9, 2014, the murder statistics Jacob Longman in New York City Staff Writer were on their way down to a record low: 330.[1] [2] “Unit 21. Put me on Canfield with two.” Wilson radioed. “And send me another car.” Seconds later, Brown, hit six times, lay dying in the street and the United States faced its toughest racial litmus test in decades. In the wake of Brown’s death, a divergent effect on criminal activity has emerged. While crime in general has continued

to fall, violent crime has risen. The “Ferguson Effect,” as it has been dubbed by law enforcement officials, academics, and criminologists, encompasses the theory that increased police scrutiny following highly publicized killings like Brown’s has led to less proactive policing, and thus contributed to this marked rise in violent crime. As F.B.I. Director James Comey described it: “There’s a perception, after speaking with police officials, that police are less likely to do the marginal additional policing that suppresses crime – the getting out of your car at two in the morning and saying to a group of guys, ‘Hey, what are you doing here?’ ” [3] Heather Mac Donald, a Stanford Law School graduate and a fellow at the Manhattan Institute, was one of the

earliest proponents of the Ferguson Effect. Mac Donald believes that “violent crime is up in many American cities because officers are backing off of proactive policing.”[4] [5] Writing for the Wall Street Journal, Mac Donald quoted an officer in New York City; “Any cop who uses his gun now has to worry about being indicted and losing his job and family. Everything has the potential to be recorded. A lot of cops feel that the climate for the next couple of years is going to be non-stop protests.”[6] Mac Donald, and other Ferguson Effect proponents, believes that proactive policing was the primary weapon law enforcement used to reign in the all-out chaos that embodied the crack-cocaine epidemic. CONTINUED ON PAGE 4...


THE CIVILIAN | OCTOBER 2016

COSTUME CHRONICLES

How to Conquer HAL-LAW-WEEN IN style October is finally here and for PMH students this means the annual Halloween party is just around the corner. For many of us, this yearly ritual marks a turning point in the semester, our Torri Watson one last hurrah before Staff Writer finals hibernation season kicks in. Much of the excitement surrounding the Halloween party stems from the annual costume contest. With the party just weeks away, it is time to begin planning your winning costumes. In every law student there is an overachiever just itching to break through. What better time to showcase your inner gunner than the beginning of finals season? Here are some ideas to get those creative juices flowing: Justice Antonin Scalia Dress: How the justices were originally intended to dress: traditional Supreme Court attire. Black and red robe, wig and all. Drink: Your refreshment of choice, out of a silver goblet. Act: Should your costume fail to catch the attention of the judges, aggressively dispute the outcome. Compose a 12page paper outlining the reasoning behind your disagreement, complete with biting analogies and crafty insults. Sit back and admire your work. Pokemon Go Trainer Dress: Jeans, a baseball cap, and a fanny pack filled with balls of red netting. Drink: Raspberry cocktails. 2

Act: Pick a spot at the bar. Burn some incense. Wait. When you see someone you haven’t met yet, retrieve a ball of netting from your bag. Attempt to capture your target. Repeat this process until the party ends, or you run out of netting.

Donald Trump’s Tax Documents Dress: Whatever your multi-million dollar heart desires, under a large trench coat. Drink: Corona with lime. Act: In the weeks leading up to the party, let everyone know just how HUGE your costume will be. Announce to the student body that you will win the contest by a landslide. Arrive at the party wearing a large coat over said costume. When the judges ask to see your costume, inform them that it is not quite ready yet, but they can take your word for it: it’s awesome. Every other competitor is a total loser. Sit and wait for them to hand you the prize. You’re going to make Halloween great again. Class Gunner Dress: Your best suit and tie. There is no such thing as over-dressed. Drink: Find out what the judges are drinking. While they are in earshot, loudly order the exact same thing. Act: Show up to the party half an hour early. Make sure to get a seat at the front of the bar. Research the judges. Find them immediately. Let them know how thrilled you are to be here. Stay close to them throughout the event. Compliment them. Remind them that you are a contestant. Inform other party-goers that you are extremely prepared to win this contest. CONTINUED ON PAGE 5..

The Civilian Staff 2016-2017

Editorial Board Editor-in-Chief: Alaina Richard News Editor: Annie Beckstrom Columns Editor: Elizabeth Wong Production Editor: Taylor Degruise Web Director: Halee Maturin Staff Writers Annie Beckstrom Robert Glueck Brooklee Hurst Kathryn Jakubak Stacy Liere Jacob Longman Halee Maturin Cody “Tick” McElroy Megan Rials Tori Watson Elizabeth Wong Columnists Annie Beckstrom Halee Maturin Hunter Odom Patrick Schmidt Emily Schwab Elizabeth Wong


THE CIVILIAN | OCTOBER 2016

LETTER FROM THE EDITOR Dear Reader: It’s possible that the spookiest part about Halloween, aside from those bizarre creepy clown sightings, is the knowledge that finals week is looming ominously in the near future. The epic Hal-LAW-een party coming up at the end of the month Alaina Richard, Editor-in-Chief marks a shift in the semester. It’s the time in the semester when the territory struggle in the library gets a little more heated and outlines are being meticulously perfected in preparation for full-blown study season. In this issue we hope to lighten up law school life a bit with some fun Halloween-inspired articles. This issue features an especially terrifying redux on an Edgar Allan Poe poem, costume suggestions for you and your pup, and a look at one of the Baton Rouge area’s haunted houses.

On the other end of the spectrum, the staff at The Civilian also tackled a range of hot-button issues facing both our local and national communities. Inside this issue you’ll find an investigative exposé on our parent-laden parking lot, a tounching confessional from one of our writers on the importance of recognizing mental health issues in the legal community, and a thoroughly researched cover story looking at the “Ferguson Effect” theory. We hope you enjoy our “Halloween” issue, and as always, GEAUX TIGERS! Best wishes, Alaina Richard Editor-in-Chief, The Civilian

SBA S T A T E O F A F FA I R S PMHers, The SBA has an event filled month just before everyone gets into finals mode. First off, congratulations to our newly elected 1L Class Officers: Devin Vallier, Class President; Ellie Kousoulas, Vice-President; Trenton Ball, SBA President Michael Edmonson, Section 1 Representative; Jon Stanley, Section 2 Representative; and Brooke Delaune, Section 3 Representative. The 1Ls have hit the ground running to get our annual HalLAWeen party planned. This year’s party will be on Saturday, October 29th at Baton Rouge’s Hottest Nightclub, Club 1913 from 8-11 P.M. If you are looking for a great way to kick off your Halloween weekend, come out to the Baton Rouge Bar Association’s annual “Belly Up with the Bar” fundraiser on Friday, October 28th. This event is an annual Brew Fest and cookoff competition between the local firms and Baton Rouge law schools. All proceeds from the fundraiser benefit the Baton Rouge Bar Foundation’s award-winning Youth Education programs. This year, Brady McMillin will lead the LSU Law team. Come out and enjoy some great food and live music

while raising money for a good cause. To purchase tickets, email Brady at bmcmil6@lsu.edu. The Powderpuff Flag Football Game between the 2L and 3L ladies will be on October 14th at 2 P.M. Prior to the game, we will host a tailgate to raise money for those affected by the flooding in Baton Rouge. A donation gets you a bowl of jambalaya and good karma. Come witness this annual battle royale for some Friday afternoon entertainment. After the game, we will have a charity Auction at Uncle Earls from 7-10 P.M. Auction items will include date nights, gift baskets, and even immunity passes from professors. Lastly, the Student Bar Association will be hosting the first annual “Brews and Barristers” event on Thursday, November 10th. Come join students and Young Alumni of the LSU Law Center for a social gathering at the Draft House in downtown Baton Rouge. The event is free to attend and will take place from 6-9 P.M. Dress is business casual and drink specials shall be announced in the weeks prior to the event. SBA hopes to see you there! Trenton Ball SBA Executive President

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THE CIVILIAN | OCTOBER 2016

FERGUSON CONTINUED...

Policing is primarily divided into two types of activity: proactive and reactive. Proactive police work, of the kind advocated for by Mac Donald, involves officers making proactive movements in the community. For narcotics enforcement, these activities are primarily traffic stops and “Terry Stops” and pat-downs. Violent crime enforcement typically involves community engagement and “stop and frisk” – an extension of Terry stops where officers detain individuals on the grounds of reasonable suspicion and pat them down to see if they have weapons or narcotics. While empirical evidence was initially lacking, the violent crime spike in the United States in 2015 – and the ongoing spike in murders in urban areas in 2016 – bolster Ferguson Effect supporters, at least initially. There is no doubt that murder rates rose in 2015 in certain urban areas, specifically the country’s fifty six largest cities, and that they are continuing to rise in 2016. [11] [12] [13] [14]

Taken together, this evidence serves as a reasonable foundation for the basic premise behind the Ferguson effect: videos of policing shootings lead to scrutiny of police and the resulting exposure results in more violent crime. Whether or not this is the result of less aggressive policing or a decline in officer proactivity, however, is much murkier. Correlation is not always causation, as any law student well knows. All of the cities listed, with the possible exception of Baton Rouge, were already in the middle of a rise in homicides before the police shooting.[17] While this trend did accelerate after the videos went viral, it is worth noting. Further, a lack of proactive policing doesn’t necessarily mean officers are scared. Often it is a simple realignment of resources, a strategic shift in law

enforcement strategy ordered by the department in the wake of a shooting and in preparation for the resulting protests. “An immediate realignment of resources to protest policing generally requires that you reassign all of your proactive units – i.e., narcotics units, detectives units and other headquarters units,” Ronald Serpas, formerly police chief of the New Orleans Police Department, said in an interview.[18] Bolstering Serpas’s point is the fact that roughly six months after the death of Brown, narcotics enforcement in St. Louis had resumed to its approximate pre-shooting level.[19] At face value, this seems problematic. If the Ferguson Effect isn’t the result of a decline in officer proactivity, then what does cause it? Until recently, part of the problem has been a lack of CONTINUED ON NEXT PAGE...

Major Cities with Rising Murder Rates

Strengthening the theory of a Ferguson Effect even further is a concurring drop in narcotics arrests in at least four major cities following viral videos of police shootings. Baton Rouge, Chicago, Baltimore, and St. Louis all saw marked declines in the enforcement of drug laws following the protests of officers’ actions.[15] All four, with the possible exception of Baton Rouge, also saw a notable rise in murders.[16] [1] http://www.stltoday.com/news/multimedia/special/darren-wilson-s-radio-callsshow-fatal-encounter-was-brief/html_79c17aed-0dbe-514d-ba32-bad908056790. html [2] http://www.nytimes.com/2015/01/01/nyregion/new-york-city-murders-fall-butthe-police-arent-celebrating.html [3] http://www.nytimes.com/2016/05/12/us/comey-ferguson-effect-police-videos-fbi. html [4] https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/07/20/theferguson-effect/?utm_term=.5ccf458e3cff [5] http://www.vox.com/2016/1/7/10730564/ferguson-effect-heather-mac-donald [6] http://www.wsj.com/articles/the-new-nationwide-crime-wave-1432938425 [7] http://www.vox.com/2016/1/7/10730564/ferguson-effect-heather-mac-donald [8] http://www.nytimes.com/1992/01/03/nyregion/preliminary-1991-figures-showdrop-in-homicides.html [9] http://www.nytimes.com/1991/04/23/nyregion/new-york-killings-set-a-recordwhile-other-crimes-fell-in-1990.html

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[10] Id. [11] https://www.washingtonpost.com/news/post-nation/wp/2016/09/26/violentcrime-and-murders-both-went-up-in-2015-fbi-says/?utm_term=.9c0d22069bce [12] http://www.nytimes.com/2015/09/01/us/murder-rates-rising-sharply-in-manyus-cities.html?_r=1 [13] http://www.nytimes.com/2015/12/27/nyregion/anxiety-aside-new-york-seesdrop-in-crime.html?hp&action=click&pgtype=Homepage&clickSource=storyheading&module=first-column-region&region=top-news&WT.nav=top-news&_r=0 [14] http://www.npr.org/2016/06/15/482123552/murder-rate-spike-attributed-toferguson-effect-doj-study-says [15] http://fivethirtyeight.com/features/baton-rouge-drug-enforcement-hasplummeted-since-police-killed-alton-sterling/ [16] Id. [17] Id. [18] Id. [19] Id.


THE CIVILIAN | OCTOBER 2016

Congrats

COSTUME CONTINUED...

Practice your best hand-raising motion for the moment they announce your name. Elle Woods

New JCLS Graduate Student Editors

Clarisse Baugier Jumoke J. Dara Bryan Dupree

Nathan Friedman Barlow Holley Chris Ortte

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methodologically sound data. Three recently released reports, however, may shed some light on the problem. The first, titled “Police Violence and Citizen Crime Reporting in the Black Community” and published in the American Sociological Review, is an exhaustive survey of “crime related 9-1-1 calls in the wake of one of Milwaukee’s most publicized cases of police violence against an unarmed black man: the beating of Frank Jude in October of 2004.”[20] [21] Jude’s story is tragic and worth repeating, but the space in this article is simply insufficient. Suffice it to say that Judge was a) unarmed, b) black, and c) beaten badly by the police, and that d) this beating was widely publicized.[22] For over a year after the beating, the study found members of the black community simply did not call 9-1-1. The result was a loss of “approximately 22,200 9-1-1 calls, a 17 percent reduction in citizen crime reporting, compared to the expected number of calls.”[23] The reason for this decline, the authors concluded, correlates to a loss of trust. For many

Josie Serigne Kat Stephens Sebastian Telecan

black Americans, “their trust in the justice system was in tatters.”[24] The second study was conducted by a legal scholar named Stephen Rushin and an economist named Griffin Edwards. Soon to be published in the Cornell Law Review and titled “De-Policing” the paper examines “what happens to local crime rates when police departments come to the attention of the federal government for systematically violating civil rights, or, in more extreme cases, become subject to federal oversight and reform.”[25] [26] Because such investigation is a form of scrutiny, and such oversight is a form of criticism, it “offers a test case of the thesis that increased scrutiny of the police leads to more crime.” [27] The results of the paper confirm the conclusions of the sociologists in Milwaukee. Out of 61 agencies that were investigated by the federal government, 30 of them were cleared.[28] In these communities, the researchers found no change in crime rate.[29] The scrutiny of the department itself does not appear to have resulted in a change in crime rate. The thirty-one other investigations, however, either resulted

[20] http://asr.sagepub.com/content/current [21] http://www.nytimes.com/2016/10/01/opinion/why-dont-you-just-call-the-cops. html [22] Id. [23] Id. [24] Id. [25] http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2757809 [26] http://www.nytimes.com/2016/10/02/opinion/sunday/is-there-a-ferguson-effect.

Dress: That bunny costume from undergrad you’ve been dying to wear again. Extra points if you bring your dog Drink: Bring your own merlot. Act: Navigate the party like the social butterfly you are. Wear your costume with pride. Should it be met with disapproval, hold that head high. Let criticism fuel your motivation to CALI every class. Solve a high-profile murder, while you’re at it. Who needs a costume contest, anyway? Have fun, stay safe, and good luck to all! in consent decrees – where the federal government effectively set the policies of the agency regarding use of force and citizen complaints, among other policies – or settlements.[30] In those cities, crime temporarily spiked. [31] The conclusion: when the police are being scrutinized, evidence suggests that crime rises. Whether or not that is the result of less aggressive policing is less settled and in fact appears not to be the case. Taken together, the most recent, sound evidence, implies that when communities lose faith in their police officers, they not only stop reporting violations of the law but they may also simply stop following it. In short, it’s not that the Ferguson Effect does not exist. It’s just that the underlying causes of the effect may be different than what its supporters originally thought.

html?_r=0 [27] Id. [28] http://www.nytimes.com/2016/10/02/opinion/sunday/is-there-a-ferguson-effect. html?_r=0 [29] Id. [30] Id. [31] Id.

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THE CIVILIAN | OCTOBER 2016

The Price to Pay: A Look at Sentencing Following People v. Turner

Many have questioned the fairness and competency of the justice system as national media outlets shined a spotlight on the recent Brock Turner case. Turner, a swimmer at Stanford Brooklee Hurst University, was found Staff Writer guilty of sexually assaulting an unconscious, intoxicated victim and he received a short six-month sentence in county jail for his offenses. He was later released after serving only three months of that six-month sentence. The brief sentence outraged many, yet some may be comforted by sentencing statistics and jurisprudence that indicate Turner’s short punishment falls outside of the sexual assault sentencing “norm.” Statistics from the Rape, Abuse & Incest National Network show that out of every 1,000 rapes that are reported, 994 perpetrators will walk free. However, the majority of perpetrators that are convicted receive prison sentences. The Bureau of Justice’s most recent analysis of America’s 75 largest counties show that 84% of convicted rapists are sentenced to prison, 5% are sentenced to jail, and the remaining 11% receive probation. State statutes set forth appropriate punishments for offenses, but judges are given discretion to examine any aggravating or mitigating circumstances before declaring a final sentencing decision. Louisiana’s criminal code imposes punishments for sexual assault ranging from life imprisonment to imprisonment for not less than five years, depending 6

on whether the offense falls within the classification of first, second, or third degree rape. The rape of an intoxicated victim, like in Turner’s case, is classified as third degree rape in Louisiana, and includes a sentence of not more than 25 years imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. State v. Williams is a Louisiana case similar to Turner’s in which Cameron Williams sexually penetrated an intoxicated victim without her consent. The Williams’ court adhered to the criminal code and sentenced Williams to the maximum sentence of twenty years imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. Under the California Penal Code, the law of Turner’s jurisdiction, a conviction of felony sexual assault carries a possible sentence of several years in state prison, or time in county jail, depending on the circumstances of the case. In the Turner case, the Santa Clara County Probation Department recommended the court exercise discretion and make a finding of “unusual circumstances” in order for Turner to be sentenced to county jail, rather than state prison. Judge Aaron Perksy, the presiding judge in Turner’s case, considered many factors like Turner’s youth, lack of criminal record, and level of intoxication on the night of the assault before sentencing. Given the totality of the circumstances, Persky followed the Probation D e p a r t m e n t ’s

recommendation and sentenced Turner to a brief sentence in county jail. Persky received harsh criticism for Turner’s lenient sentence and faced accusations of bias towards the privileged, white, male defendant. However, a review of Persky’s previous rulings reveals he previously sentenced a Caucasian male defendant, Michael Simpson, with no criminal record to over thirty years in prison for rape. The difference in Persky’s rulings highlights how each case is determined on a caseby-case basis and outcomes can vary depending on what a court views as aggravating or mitigating circumstances. This previous ruling may indicate a lack of bias on Persky’s part, yet many continue to view Persky’s decision as an abuse of judicial discretion. The outrage following the Turner case led to the introduction of a new bill in CONTINUED ON NEXT PAGE...


THE CIVILIAN | OCTOBER 2016

STUDENT

ELENA “ELLIE”

Spotlight

KOUSOULAS

Ellie, Ellie, bo-ba-lee. Bo-na-na fan-na, fofe-lee Fee fi mo-mel-ee Ellie! Got to love the name game. Nostalgia aside, Patrick Schmidt next up on the student Columnist spotlight is 1L Class Vice President Ellie (Elena) Kousoulas. This interview was conducted via the telephone game so it is accurate-ish. Year: 1L Section: 2 Hometown: Baton Rouge, LA Q: What attracted you to law school and/or LSU? A: I’ve always grown up around this area and my dad actually works for LSU’s main campus. Just going to games and everything, I’ve always loved the school.

a member of SBA? A: I hope to unite the entire 1L class. Because we are put into sections, we don’t get a chance to meet everybody. Q: What do you enjoy doing outside of law school? A: I travel and cook, that’s about it. Q: So I heard that in your “free time”, you are creating an app. Tell me about it. A: It is a free app to help students who are disaster victims. I created the app because I wanted to find a way to help people. With the recent flooding that happened, I knew a lot of people were affected, especially in the LSU Law community, so I just didn’t know how to more efficiently do that other than just

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California requiring longer sentences in state prison for the assault of unconscious victims. No longer will judges be able to cite “extraordinary circumstances” in order to issue shorter sentences to sexual offenders. This bill is a step towards limiting judicial discretion in order to avoid situations such as State of Montana v. Rambold, where a teacher served only 31 days in jail after raping a 14-year old student, who the judge described as “looking older than her years.” Fortunately, the national media attention surrounding the Turner case shed light on the nature of sexual assault sentencing in California, helping to ensure new offenders will receive a sentence fitting the severity of their offense. create something where I can provide help and assistance. Q: What was your major in undergrad? A: I was actually a biology major. I was going to apply to medical school, but I volunteered in the ICU one summer and decided it was not for me. I always liked the law and decided that was something I would like to do instead. Q: What is your favorite place to go to in Baton Rouge? A: Velvet Cactus. They have great food and awesome margaritas.

Q: What has been surprising about your law school experience so far? A: It’s pretty much what I expected… hard work, making friends.

Q: What is the first thing you do on a Saturday morning? A: I go running. I actually tore my ACL a while back so I try not to push it, but I enjoy it.

Q: What class do you most look forward to? Why? A: Probably Torts with Professor Corbett. I’m kind of accident-prone so I kind of relate more to it.

Q: What is your favorite meal of the day? What are you having? A: Breakfast, waffles.

Q: What do you hope to accomplish as

Q: Do you do the frozen waffles? A: No, I’ve actually never had frozen food. CONTINUED ON PAGE 8... 7


THE CIVILIAN | OCTOBER 2016

Take A Knee: Speech Considerations in the NFL Colin Kaepernick, a quarterback for the San Francisco 49ers NFL football team, has chosen to kneel rather than stand during the national anthem every game this season. Several Cody McElroy other players in the Staff Writer NFL have joined in this protest, opting to take a knee as well. These actions have sparked heated debates on patriotism and have also drawn attention to the reason Kaepernick and others are protesting: police brutality and racial oppression in the United States. Disdain over NFL players’ protests of a treasured American custom has many citizens debating the limits of our right to free speech. Under the First Amendment, the U.S. government, or any government entity, may not punish a private citizen for exercising an act of constitutionally protected free speech. Free expression of unpopular speech is not only tolerated in American culture, it is considered a core societal value to be protected and defended. However, this fierce protec-

tion only extends to government actions, which begs the question: can a private employer, such as the NFL, restrict a player’s right to protest? The NFL Players’ Association (“NFLPA”), a labor organization representing professional football players in the NFL, works with the NFL every few years to create a collective bargaining agreement (“CBA”). The CBA is a labor agreement that reflects the negotiations between leaders of the NFLPA and NFL team owners. It covers matters such as off-season workouts, salaries, medical care and treatment, and even extends to endorsements, attire, and public statements. The CBA protects players from team interference in several ways. For example, team officials are prohibited from interfering with the footwear or gloves athletes choose to wear, except in a context of “safety or competitive considerations.” Although these guidelines seem to protect freedom of symbolic speech through apparel choice, the NFL Playing Rules tell a different story. One NFL rule states that players may not, “wear, display, or otherwise convey messages…which relate to political activities

or causes.” While the CBA parameters attempt to afford protection for political displays, heavy regulations under the NFL Playing Rules seem to drown out their efficacy. Several players find themselves in violation of speech related policies every season. Many fans remember the example embodied by former Seattle Seahawks running back, Marshawn Lynch. The NFL’s Media Access Policy requires that “star players” must speak with the media during the practice week, in addition to general post-game media access. Lynch was fined $75,000 for his silence following the Seattle Seahawk’s NFC championship win against the Green Bay Packers. Perhaps the most publicized implementation of the Media Access Policy came in form of Lynch’s remarks during Super Bowl XLIX media day, in which he responded to every press question for five straight minutes with the remark, “I’m just here so I won’t get fined.” While the NFL regulates player speech through a variety of restrictions, NFL and CBA guidelines are noticeably silent in regard to the action in controversy, standing for the national anthem. CONTINUED ON PAGE 11...

SPOTLIGHT CONTINUED...

Q: What is your favorite travel destination? A: I am a little biased. It would have to be Greece. I am actually Greek. Q: Where in Greece is your family from? Do they use donkeys for transportation like in the movies? A: My mom is from this little island in between Italy and Greece. It’s called Kefallonia and I go there every summer. And no, they don’t actually use donkeys; it’s just for the tourists. 8

Q: What is the first thing you do when you arrive in a new city? A: I find the closest restaurant. I am always hungry. Q: What is your favorite meal to cook? A: Homemade pizza. I tried tossing the bread one time and it did not work out. Q: What was your cheap college meal? A: Anything my friends had to eat. Q: What have you liked the most since school has started? A: Probably Friday night gifs. I like how

we are doing them downtown right now, so that you can go out afterwards. Q: What would you be doing right now, if you didn’t go to law school? A: Honestly, I did not have a backup plan. Sink or swim. Q: Where do you see yourself in 10 years? A: I don’t know, as long as I am happy and making money in some form. *This interview was not conducted via the telephone game.


THE CIVILIAN | OCTOBER 2016

TRIALS & TRIBULATIONS LAW SCHOOL IN REVIEW

Football is back, and with that comes the time honored tradition of tailgating. Now, I will preface this article by saying there is no right or wrong way to tailgate. There is more than one way to skin a cat. (Side note, why is that a saying? I refuse to believe there was a time when skinning cats was so common, it needed to become the measuring stick for the options at one’s Patrick Schmidt disposal. Anyway, back to tailgates…) I Columnist have compiled a list of do’s and don’ts for tailgating that you can either utilize or disregard entirely.

Do

eat the food. It is usually good, except for the occasional times when the food comes from Izzo’s, and you are not quite sure what to do with the taco meat that has been baking in the sun, sizzling and seasoning to perfection with each passing second. You should not be drinking sodas on an empty stomach anyway, and the fine people responsible for putting on the tailgates each week have done all the work for you.

Don’t

spend all of your time at another tailgate. Clearly everyone knows people outside of the law school and will want to go to other tailgates that are not exclusively occupied by future attorneys. I am not suggesting you bail on those other tailgates that anxiously countdown until your arrival each Fall Saturday. I am not even suggesting you don’t spend the majority of your time at another tailgate, if you so wish. I am saying that you should at least stop by the law school tailgate. Hang out for a bit. I can assure you, no one is ‘too cool’ for that.

Don’t

show up without a bathroom plan. Know where the nearest port-o-potties are located (or the place that rhymes with funnel). You WILL use them. You do not want to be that lost soul wandering around the parade grounds with only a hope and an enlarged bladder.

Do

wear your colors. Even if you are rooting for another school, throw your hat in the ring. I do not necessarily want to hear about how your team is going to win, even if that may be true this year, but ultimately football is the reason everyone is out there and you should represent your school in peaceful protest. And obviously the Tigers need you out there in your purple and gold.

Don’t

sleep on the games. Everyone knows about the classics in beer pong and flip cup, but have you heard about this finger game that is taking PMH by storm? How it works: everyone starts by putting one finger around the same cup. Then on the count of 3, everyone chooses to either remove their finger or leave it on the cup. The person whose turn it is has to guess, at the same time, how many fingers will be left on the cup. Needless to say, it is one emotional rollercoaster that you will not soon forget. I hope some of this was helpful. Maybe you just wasted the last 3 minutes of your life. Either way, I feel good about it.

Geaux Tigers!

Do

wear shorts. Having made the pants mistake on one too many occasions, I can state with absolute certainty that wearing shorts is the go-to move until November. It is hot out there. No amount of baby powder or breezy undergarments is going to make that reality change. You are on the move on tailgate day, so do yourself a favor and let those tree trunks breathe. I would not claim to know what goes into a game day outfit for girls, so no comment there. 9


THE CIVILIAN | OCTOBER 2016

RACE to the

White House A Guide to the Presidential Election of 2016 Robert Glueck Staff Writer

As a law student, you’ve undoubtedly mastered the art of sounding much more intelligent than you really are, but let’s face it: you know less than you’re willing to let on about the upcoming election. Allow The Civilian to help. While each candidate’s views largely track their party’s philosophy, below you will find a more detailed summary of both Republican nominee Donald Trump and Democratic nominee Hillary Clinton’s platforms on several key issues for the upcoming election:

Job Growth According to Clinton, income inequality is the primary obstacle standing between our country and job growth. She plans to raise the minimum wage and cut middle class taxes while increasing taxes for the wealthiest Americans. Beyond this, she also plans to invest in job training and community college education.

Higher Education and Student Debt Both candidates agree our government should place greater emphasis on the borrower rather than the lender when issuing student loans. Trump believes in holding schools accountable for unpaid student debt, while Clinton has proposed a plan which would refinance loans for current borrowers and forgive loans for young entrepreneurs. Clinton has also proposed a “debt free college” plan which would allow students from middle and lower class families to attend public colleges without paying tuition.

Immigration

Trump, on the other hand, plans to cut taxes, reduce regulations, and re-establish America’s role as a leader in the global economy. Specifically, he wants to reduce imports and curb immigration, and renegotiate NAFTA (the North American Free Trade Agreement), which he calls “the worst trade deal ever.” Unsurprisingly, NAFTA was negotiated by Clinton’s husband, former president Bill Clinton.

Unless you live under a “yuge” rock, you know about the “The Wall.” In addition to building an “impenetrable, physical, tall, powerful, beautiful, southern border wall” between the U.S. and Mexico, Trump initially claimed he would deport all illegal aliens and even proposed banning Muslims from entering the U.S. in the wake of the San Bernardino attacks. Although he has backed away from these initial comments, he remains adamant that we are going to build a wall and that Mexico will pay for it. Trump’s rationale is that illegal immigration is partly responsible for our country’s alleged demise. Therefore, by building a wall, we will take an important step towards “Making America Great Again.”

Both candidates also used the recent debate as an opportunity to take shots at their opponent’s economic plan. Clinton criticized Trump’s plan as a poor imitation of Reagan’s economic plan, referring to it as “Trumped Up Trickle Down Economics.” Trump accused Clinton of being a globalist who seeks to diminish America’s role in the global economy.

Clinton, in contrast, wants to overhaul immigration laws to help eligible persons become naturalized citizens. She has also pledged to support President Obama’s executive order— which blocked deportation of nearly 4 million immigrants—if Congress refuses to act on this issue. In response to Trump’s plans, Clinton calls the wall “a fantasy.”

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THE CIVILIAN | OCTOBER 2016

Abortion

National Security

Similar to immigration, the two candidates are also diametrically opposed on abortion. Trump opposes government-funded abortions except under rare circumstances (e.g. rape, incest, health of the mother), whereas Clinton has promised to continue funding Planned Parenthood and supports women’s access to a safe, legal abortion. In essence, Trump characterizes himself with as “pro-life, but with some caveats,” while Clinton is pro-choice.

Both candidates agree that terrorism poses a grave threat to our nation, but disagree on how to combat it. Trump supports tactics such as waterboarding and has preached unpredictability in the fight against terrorism. When asked about recent terror attacks in Europe, Trump also states that he would not be opposed to using nuclear weapons against terrorists.

Crime and Safety Although both candidates promote safety for all Americans, Trump has dubbed himself the “law and order” candidate. Citing New York under former mayor Rudy Giuliani as an example, Trump strongly supports stop and frisk policies and pledges increased support for law enforcement agencies. Clinton, in contrast, seeks to reform law enforcement by improving officer accountability. Clinton also aims to end mass incarceration by investing in job training and education. KNEE CONTINUED...

Clinton, in contrast, proposes a more diplomatic approach to combatting terrorism. She emphasizes preventing terrorists from acquiring “the tools they need to carry out the attacks” and does not support the use of nuclear weapons to combat terrorism. Clinton has also preached cooperation between the U.S. and its allies in the fight against terror organizations. Trump and Clinton have two more opportunities to face off on their respective platforms. The next presidential debates will take place on October 9th and will be moderated by Anderson Cooper of CNN. The final debate will air October 19th, moderated by Chris Wallace of Fox News. Election Day is November 8th, so be sure to exercise your voting rights and head to the polls!

However, other sports organizations have penalized this activity in the past. In 1996, Mahmoud Abdul-Rauf, a former LSU basketball star, was suspended for one game by the NBA and hit with a $32,000 fine when he refused to stand during the national anthem. Abdul-Rauf cited his Muslim faith and protest of racial oppression as reasons for his behavior. The difference between the NBA’s decision to take action against a player and the NFL’s permission of this form of protest stems from regulation. In Comment H-2 of the NBA Rules, there exists an explicit requirement for players to stand during the national anthem.

vate sector practices. Section seven[1] states that employees may, among other things, “engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”

Although the protests have been contentiously debated, the NFL or any individual team owner has yet to mandate any punishment against a player for their refusal to stand. The question remains: what happens if their employers begin to implement penalties for this behavior, lacking a specific regulation?

As a practical matter, team owners and NFL executives often avoid this dilemma by simply saying silent on the issue. The 49ers have made it clear that Kaepernick is free to behave how he chooses during the national anthem. Termination of players who have recently exhibited forms of protest could leave the organization vulnerable to liability, especially if the released player was previously sanctioned or publically reprimanded for such behavior.

Private employers generally have discretion to fire employees for any number of reasons, controversial displays included. However, Professor William Corbett of the LSU Law Center says there is a small window for an actionable claim in this situation. “When employers get angry with employees and fire them, they are in risk of violating section seven of the National Labor Relations Act. The employee’s action could be construed as a concerted activity for mutual aid or protection,” Corbett stated. The NLRA’s purpose is to encourage bargaining, protect employees and employers, and curtail certain pri-

Corbett states that these protests might be interpreted as discussion on general safety in the working place, covered by “mutual aid or protection.” Retaliatory punishment of this action could possibly violate section seven of the NLRA, although he admits the interpretation would be a stretch. “What the players are really doing is speaking out on political issues.”

Whether the NFL will begin to regulate game day activities associated with the national anthem and other political expressions remains to be seen. The decision to exercise more control over players’ speech hinges less on the fear of legal liability and more on concern for how these regulations would play out in the ever powerful, court of public opinion. 11


THE CIVILIAN | OCTOBER 2016

I suffer with depression. It’s the reason I withdrew from school last fall. Mental illness is something nobody chooses. It’s a chemical imbalance. It’s often genetic. In short, Stacy Liere it’s something that is Staff Writerr beyond your control. Learning how to cope with depression and anxiety is an important step, but actually understanding the disease lays a foundation on which to build. I’ve chosen to share my struggle in hopes that explaining the complexities of mental illness will breed compassion and validation, which can ease the burden for those suffering. My depression is not my fault, but it is a reality that I have to deal with every day. I have learned, however, that I am not alone in my struggle. Many law students and lawyers cope with stress, anxiety, and depression. Unfortunately, the stig-

ma associated with mental illness often prevents those suffering from seeking help, and conversely prevents others who don’t suffer from understanding what coping with a mental illness is like. This is my attempt to break that cycle. Andrew Solomon, writer and Professor of Clinical Psychology at Columbia University, explains that there is more than meets the eye when it comes to depression. “We know depression in metaphors. Books, movies, paintings, songs. But unless you have a mental illness, you cannot fully grasp the hold it has over you. Depression, anxiety, or other mental illnesses are invisible diseases. Logically, people can’t understand something they can’t see. It’s hard for non-depressives to understand that it’s more than just having a bad day.”[1] Further, Bethanne Patrick, a writer for Elle Magazine, describes how depression affects your brain and distorts your thinking: “When you can’t see the black-

[1] Andrew Solomon. “Depression. The Secret We Share.” TED. October 2013. Web. 1 September 2016. [2] Bethanne Patrick. Double Depression – “I Lived With Depression Almost Every Day of my Life.” Elle. 28 September 2016. Web. 29 September 2016.

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board in your classroom, you know that your eyes need help; you don’t think that the board itself is the problem. When you can’t see the good in your life, you think that your life is all wrong. Depression tells you that there is no help to be had, no quarter for refuge, no hand to hold. Depression tells you that resistance is futile..”[2] Statistics show that struggles with depression and anxiety run rampant among law school students and lawyers. According to the Dave Nee Foundation, 96 percent of law school students suffer from stress, as compared to 70 percent of medical students and 43 percent of other graduate students. Entering law school, students have a psychological profile paralleled to that of the general public. After law school, 20-40 percent of students report to suffer from a psychological ailment of some variety. Additionally, lawyers are commonly the most depressed occupational group in

[3] “Lawyers and Depression.” The Dave Nee Foundation. Web. 2 October 2016.


THE CIVILIAN | OCTOBER 2016 the country, being 3.6 times more likely to suffer from depression than non-lawyers. Lawyers rank 5th in incidents of suicide by occupation.[3] The reality of those statistics are jarring and particularly discouraging for anyone already struggling with the disease. However, acknowledging that this issue is prevalent in our profession and creating an open dialogue can lead to valuable support. The shame of being stigmatized by our peers or society creates an obstruction, preventing those struggling from seeking help. This stigma is destructive by furthering isolation and misunderstanding. No one wants to be judged for admitting that they have a mental illness. No one wants to be avoided or labeled as unstable. No one wants his or her opportunities to practice as an attorney to be thwarted because of a diagnosis. Often, people suffering from depression or mental illness already have shameful thoughts about their diagnosis, and the stigma surrounding mental illness only serves to validate that negativity. Rather than isolate our peers, let’s try to understand and sympathize with what they are dealing with and offer ways to help. What can be done? How can we prevent these staggering statistics? The answer is simple: awareness. Be aware of the signs and symptoms of depression and anxiety in yourself and those close to

you. If someone is not behaving like himself or herself, have an honest discussion with that person and offer support and encouragement. Oftentimes, the key to helping a friend is just showing up. Simply standing by someone during his or her darkest hour can make all the difference. Acceptance also plays a crucial role. Accepting your condition and seeking treatment early is essential to establishing healthy coping mechanisms. Ignoring symptoms and sweeping things under the rug can lead to detrimental results down the road. Having the courage to admit that you are struggling and taking the necessary steps to become a healthy person is not shameful in any sense. It’s a brave move that may inspire others who are dealing with the same issues to seek help as well. Ultimately, your wellbeing should take precedence over the fear of becoming part of the stigma. Treating depression, anxiety, and other forms of mental illness is not a one-dimensional solution. Symptoms can be managed with medication, talk therapy, or a combination of the two. However, there are alternative ways to help manage stress outside of the doctor’s office. Exercise, yoga, meditation, and mindfulness aid in releasing brain chemicals called endorphins, which work to counter anxious or sullen behavior.

The stress of law school is taxing on all of us at some point in our three years at PMH. Relieving that stress sometimes requires stepping out of it. Take a break from the library and do something completely unrelated to schoolwork. Go see a movie, grab dinner with a friend, treat yourself to a Sunday Funday once in awhile. Disengaging from the pressure allows you to gain perspective and recharge. Spinning your wheels to the point of complete exhaustion is not only counterproductive; it can magnify anxiety, trigger depression, and make the situation worse. The goal of sharing my battle with depression is not a plea for sympathy, but a push for awareness. Understanding the context behind the diagnosis leads to compassion and acceptance. If you see a friend or acquaintance coping poorly, don’t turn a blind eye or reject them. Listen. Ask them what’s on their plate and suggest ways to help. There’s a quote that speaks to the consequences and triumphs of this disease, “Sometimes it takes an overwhelming breakdown to have an undeniable breakthrough.” It’s true. Depression is a hell of a fight and it’s not for the faint of heart. Overcoming is not easy, but there are always ways to rebuild. It is possible to lead a fulfilling life whilst having depression or anxiety, and every single good day is worth the fight.

Health and Wellness in the Legal Profession Presented by the David Nee Foundation

1:00pm

|

Room 110

| light lunch will be served

The program will be presented by Dr. Katherine Bender, Ph.D. with brief remarks by Buddy Stockwell, Executive Director of The Judges and Lawyers Assistance Program. This is a program that educates law students about depression, its prevalence in the legal profession, and the availability and effectiveness of treatment. Students will become aware of mental health issues in the field of law and they will also learn wellness practices. 13


THE CIVILIAN | OCTOBER 2016

THE GALLIGAN AGE Newly appointed LSU Law Dean, Thomas Galligan, Jr., began his inaugural semester with a full plate. The Great Flood hit the week before classes were set to begin, ravaging a substantial Annie Beckstrom portion of the Baton News Editor, Staff Rouge area. Resuming Writer classes with a school full of flood affected students and faculty presented a logistical nightmare. Weary and shell shocked, we trekked to campus, unsure of how to approach a fresh set of classes in the wake of the wreckage. However, a message of reassurance quickly appeared in our inbox.

willing to help, and pledged his full support as we attempted to return to normalcy.

Although a new voice to most, Dean Galligan’s words felt familiar, rallying the troops in a way reminiscent of the Cheney Joseph era of PMH. Dean Galligan worked diligently with the faculty to coordinate relief efforts, connected affected students with peers

Growing up the son of an attorney, Dean Galligan figured his path would likely lead to law school, but he also fostered a keen interest in creative writing. At the ripe age of nineteen, he swore off the legal world, proclaiming that he never wanted to be a lawyer. Like many

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As the first taste of cooler weather approaches, the waters have calmed. The hastened pace of a fall semester packed with classes, competitions, and events is evident as the hallways buzz with activity. While LSU Law has largely transitioned past recovery mode, Dean Galligan’s steady presence is still apparent. On any given day, he may be spotted conversing with students about anything from LSU football to concerns on campus. Rather than issue decrees from the ivory tower of the fourth floor, he makes an effort to relate to the trials and tribulations of law school life. He seems to remember that he was once in our shoes.

young adults, his rebellion eventually wore thin. When faced with a decision between a law degree and a masters in creative writing, he chose not spend his life wondering “what if.” He enrolled in the University of Puget Sound School of Law (now Seattle University) and recalls contentment in his choice three weeks in to classes. “It was like being at the dinner table because I had been conditioned as a child,” Dean Galligan remembered. “I loved the questions. As an undergraduate political science major, I would read a book a week and I would listen to what somebody else thought about it. As a law student, I would read 15-20 pages a night per class and it would be up to me to figure out what I thought about it.” The dean still winces at memories of an immense workload and one-shot exams. A typical law student is familiar with the format of one final exam per class, each semester. Now imagine if professors only issued one exam, per year. Dean Galligan faced this reality during his 1L


THE CIVILIAN | OCTOBER 2016

year, likening his first finals season to a fever dream.

to bleed the way they did back then,” he states in jest.

“Civil Procedure was last. I remember sitting on the floor of my apartment with the rules, my outline, and my casebook. I think I finally fell asleep sometime in March.”

When questioned about his administrative strategy, Dean Galligan reveals that his philosophy for leadership centers on the tenets of shared governance and transparency.

Despite the grueling schedule, Galligan graduated summa cum laude, first in his class, and entered private practice in the Seattle area.

“I try my best to listen and be accessible and available. I want faculty and staff to participate in what the future of the institution is. I try to seek advice and process feedback as much as possible.” He also stands by his objectivity, remarking, “I always tell people, ‘I want to like your friends but don’t make me hate your enemies, just because they’re your enemies.’ ”

Although it may be his first year at the helm, Dean Galligan is no stranger to LSU Law. He taught Torts and Admiralty courses at PMH for twelve years and was deemed “Favorite Professor” by the LSU State Bar Association a record six times. He notes several improvements since his last residency at the Law Center. “When I was here, there were no clinics or externships. The experiential learning program and the trial advocacy program were just getting started. It is a much more diverse institution and the student organizations seem more vibrant. When I left, I think almost thirty percent of the first year class, even in 1997, didn’t come back in the fall of 1998. The statistics now show an amazing change for the better.” While he concedes that the curriculum is still demanding, the community is much more supportive. “The walls don’t seem

In regard to the future of LSU Law, Dean Galligan envisions strengthening the practice ready aspect already instilled in the J.D. program. “We provide outstanding legal education that is both theoretical and practical at the same time. Our students understand legal theory but can adroitly, ably, and ethically solve real world legal problems.” He also strives to capture and communicate the wide array of opportunities available to LSU Law students. “We’ve got a great moot court program, clinics, excellent class instruction, strong legal writing training, esteemed

guest speakers and adjunct professors. We’ve got the D.C.L. degree and the energy certificate. We need to shape our central messages to encapsulate all those strengths and say ‘this is LSU Law,’ without building bureaucratic structures that waste our time and slow us down.” Any football fan would acknowledge that one of the perks of moving back to Baton Rouge would be the chance to soak in Saturdays at Tiger Stadium. While Dean Galligan fondly recalls days spent at his alma mater venue, Stanford Stadium, he admits there truly is no place like Death Valley. He recently made his Law Tailgate debut when he valiantly led the Class of 2017 in their Hat and Canes champagne toast. Hat on, cane in hand, his message to the soon to be graduates showcased his ability to unite and inspire our close knit community.

“Let us raise our glasses. Let us honor all who have gone before you. Let us celebrate a today better than yesterday. Let us dream of a tomorrow better than today. And to you, the outstanding, incredible, one-of-a kind, one and only, Class of 2017 - HERE HERE!” If his passion for our future serves as any indication, LSU Law is fortunate to be in very capable hands. 15


THE CIVILIAN | OCTOBER 2016

The D G Days are over

YAPPY HALLOWEEN COSTUMES FOR YOUR PMH PUP Halloween is a time of frivolity and excess. It’s truly one of the last good excuses we have left for assembling embarrassing outfits and sporting them in public (unless of course you have fallen victim to the trend of lamp-shading… but I digress.) If you’re at all like me, you’ve also starting maniacally planning how you’re going to embarrass your dog this Halloween with a costume for all the Baton Rouge dog-friendly Halloween events. You can take your dog to the “Trick & Treat” doggy costume contest at the Raising Cane’s Dog Park (October 21st from 6-8 PM) or even just bring him out for a casual trip to The Bulldog. Either way, the sight of dogs wearing costumes is a win and a delight for all.

Alaina Richard Editor-in-Chief

We’re all aware that dogs are not permitted on campus here at LSU Law (#PoopGate2016), so you can’t bring your pooch to class in his costume. However, it occurred to me while researching ideas for my puppy’s costume that just because we can’t bring the dogs to PMH, that doesn’t mean we can’t bring PMH to the dogs! If you want to pay homage to your favorite professors this Halloween season, consider dressing up your pup in one of the following prof-inspired costumes:

Professor Levasseur If your pooch has a certain je ne sais quoi, and his or her sass rivals the gallant airs of the French, take some inspiration from PMH’s most ardent Civilian, Professor Alain Levasseur. Poodles can rock this look especially well, but it’s quite simple and chic – all you need is a suit, a well-quaffed hair-do and a French flag to wave triumphantly.

Professor Devlin Does your dog have an impressive beard, a deceptively jolly demeanor, and a nose with a knack for sniffing out fear? It sounds like your pooch has what it takes to impersonate the king of the Socratic method, Professor John Devlin. The costume requires a button-down shirt with rolled up sleeves, a tie, and a “Right Result?” speech bubble sign.

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THE CIVILIAN | OCTOBER 2016

Professor Church This costume is perfect for the dog whose bark bears a striking resemblance to the lilting tenor of Tom Hanks’ voice. All that is required to impersonate Professor John Church is a casual suit, a paper cup containing a mysterious substance, and a confident swagger.

Professor Smith If your canine is a staunch rule follower, he or she may have the chops to portray Professor Gregory Smith. This is also an easy costume to assemble – just print out a couple “No Alcohol Allowed” and “No Dogs Allowed” signs and stick them on a couple tongue depressors to parade around. This costume is only fit for a dog with a dry sense of humor. If you have a cat in need of a costume as well, a Prof. Smith and George “the Cat” Pelloquin group costume is also an option.

Professor Baier If your pup has lustrous locks that give him a“Prince-Caspian-esque” majestic aura, he or she may have what it takes to portray Professor Paul R. Baier. This costume is really designed for the doggy with a dramatic flair and the ability to stand up on his hind legs in court (literally). Your pup will need a pristine double-breasted suit complete with ruff, ahem, cuff links, a copy of “The Pocket Constitutionalist,” a portrait of Fredrick Bernays Wiener, and a “Reserved for Justice Scalia” nameplate.

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THE CIVILIAN | OCTOBER 2016

It is a truth universally acknowledged that an LSU law student in possession of a Law Center parking tag must be in want of a place to park. Kathryn Jakuback We’re all familiar Staff Writer with the nauseating combination of rage and panic that accompanies the useless circuits around the parking lot, hunting for any open space to leave our vehicles so we don’t get another absence. We’ve all seen the cars mockingly flaunt Zone 2 tags as their owners enjoy a cup of coffee in the bookstore. We’ve engaged in arguments with parents who see our spaces as their Manifest Destiny. We’ve left notes, called the towing company, and screamed every swear word in our lexicons.

students have paid to park there and they should be able to get what they pay for.” “Should” being the operative word. Mr. Campbell went on to describe the trouble that he has experienced keeping the Parking Office staffed for the last few years. He has attempted to compensate for this imbalance by staying in communication with the administration of U-High. “We’ve never been so proactive with the Lab School

In January of last semester, the administration sent an email blast to parents and students stating, “Parents dropping off and picking up students should go through the carpool line on East Campus Drive. Carpoolers should not be parking in the Law Center lot, parking in the law school entrance way, or cutting through the parking lot.”

On September 20th, a second email signed by “ULS Administration” informed parents that LSU Parking asked them to convey some issues - JEFF CAMPBELL, LSU LAW PARKING DIRECTOR regarding parking on and around campus. The email as we have this year. We have asked went on to warn parents that they “are the administration to send out emails to parents, giving them notice that this isn’t using the law school parking lot in the vicinity of the Law Center and as their lot.” such are preventing law students from While preferring to remain off the entering and parking in designated areas record, the U-High administration did for which they pay.”

“The Problem Is U-High Parents

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The problem? LSU Law Parking Director, Jeff Campbell, says it’s not the law students. Mr. Campbell confirmed what each of us has long suspected. “The problem is U-High parents,” he opined in a phone interview. “At the Parking Office we acknowledge that law

give notice that they were aware of the complications arising from congestion in the LSU Law lot. The administration declined to comment specifically but provided access to a copy of two emails that they sent to parents regarding parking.

The email went on to notify parents that anyone parking in the Law Center lot would be “ticketed and no appeals would be available.” Mr. Campbell said that the fines for a ticket vary depending on which zone you park in, but generally CONTINUED ON PAGE 21...


THE CIVILIAN | OCTOBER 2016

SUNDAY FUNDAY Last week’s escapades included two things that are very near and dear to my heart: a major motion picture, commemorating the worst environmental disaster off the coast of Louisiana Emily Schwab in history, and drink Columnist service at the push of a button. That’s right, I went see “Deepwater Horizon” at the Baton Rouge Movie Tavern. If you have yet to see this “doc”-buster, put down your WA2s, grab your study buddy, and head to Citiplace because this movie is an absolute must see. Although I did feel initial pangs of guilt for cheating on my go-to Perkins Rowe theater, when I was handed the enormous food and drink menu at the ticket checkin counter, I realized this visit to the Movie Tavern was the perfect Sunday Funday decision. Fearing the notorious germs that lurk in movie

theater chairs, I have a strict hoodie and long-pants uniform that in theory keeps me clean from whatever organisms live inside your typical theater. However, the moment I laid eyes on Movie Tavern’s plush leather reclining chairs, I knew I had found a place I could safely take off my hat, kick back, and relax. Within moments of finding my reserved seat, an angel from God appeared at my side and asked if I would like to order anything from the bar. Upon a quick inspection of the full-scale menu, I chose their signature strawberry margarita, a steak salad, and a margherita flatbread. There was soon a steady flow of dishes being delivered to my side while I was sprawled out at a 45-degree angle enjoying this cinematic masterpiece. Furthermore, the flatbread was absolutely to die for; it tasted as though it had been cooked on a woodfire oven, the crust was crispy, and the mozzarella tasted fresh! What really topped off this experience was the fact that I simply had to press a button on the side of my tray table to order another drink and theater-style popcorn mid movie. The Tavern’s twist on dinner and a movie is truly a slice of heaven.

with Schwab

because the beaches were littered with oil. Because of devastating effects like these, South Louisianans were wildly outraged after learning about BP’s gross negligence and total disregard for safety, which was the cause of the explosion. When you take into account the actual devastation and Hollywood’s typical hyperbolic representation of real life events, the creators portraying the events leading up to that fateful day had a seemingly insurmountable task. Having personally witnessed the tar balls still washing up on Grand Isle’s shore a mere 2 or 3 years ago, I was incredibly skeptical of how the disaster would be portrayed. Not only were the creators CONTINUED ON PAGE 21...

On a more serious note, because I hail from a town 40 miles from the Gulf of Mexico, I experienced first-hand just how severely the BP oil spill devastated the region. Not only were 11 workers tragically killed in the rig explosion but the economic effects stemming from this catastrophe were disastrous and long lasting. Shrimpers and fisherman were stripped of their livelihood for years due to the mass amounts of oil in the water that killed off the usually bountiful marine life. Coastal vacation towns were completely desolate 19


THE CIVILIAN | OCTOBER 2016

WHAT’S NEW BATON ROUGE

MR. Hunter Odom Columnist

The 13th Gate is where your worst nightmares become reality. Known for its ultra-realism and extreme detail, this haunted house has become notorious as the scariest in America as recognized by MTV, Travel Channel, and other reviewers. In fact, a recent poll through the world’s largest haunted house directory, Hauntworld.com, found the attraction to be the scariest Halloween event in the country. Even Playboy magazine says, “This haunted house will scare the $#%^ out of you.” The experience consists of 13 indoor and outdoor areas that are created by a professional movie industry construction crew each year. Expect your adrenaline to be pumping while trying to run from the 160 professional actors dressed and trained to resemble all of your childhood villains, but watch your step when crossing the rickety bridge over the Louisiana swamp filled with hundreds of hungry, hissing real-life snakes… Isabella Mallow, LSU senior and forensic anthropology major, began working as an actor at the 13th Gate this fall and relishes the opportunity to create unique characters every week. Mallow wears haunting makeup and costumes every night in order to completely submerge into the dark fantasy world created at the haunted house. “The 13th Gate is so incredibly well designed and has so many intricacies, entering it is like entering another dimension,” Mallow described. “Even the air smells convincingly frightening,” she continued. “That is what sets it apart from most of the other haunted attractions in the nation. You can 20

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walk onto the set all alone with the lights on and still feel utterly fascinated by what surrounds you.” If you manage to survive the 13th Gate, be sure to check out Necropolis 13, which is located across the street from the haunted house. Covering an entire city block, it is a haunted New-Orleans style cemetery that is roamed by zombies from the 400 crypts on the premises. After descending 13 steps into dark, underground catacombs, it’s a half-mile terror-filled trek to the exit. If paying to have people scare you is not really your style, try out the 13th Gate’s newest interactive “escape” experience. Similar to the concept in the Saw movies, you (or your group) are trapped in one of several themed rooms and have sixty minutes to use logic, instinct, and critical thinking to find secret passages, solve puzzles, crack codes, and uncover hidden mysteries that will ultimately lead to your escape. The 13th Gate and Necropolis 13 are now open Thursdays, Fridays, and Saturdays from 6:30- 11:30 pm until November 5 (not open on November 3). Additionally, they will be open every day from October 23- 31. The attractions are located at 832 Saint Philip Street downtown next to the Belle Casino and Pastime Restaurant. Free parking is available underneath the I-10 overpass. General Admission for the 13th Gate is a little steep at $25 online and $30 at the box office, but coupons are available and easy to find. Admission for Necropolis 13 is a little cheaper at $20 both online and at the box office. Check out midnightproduction. com for group and special pricing and more information.


THE CIVILIAN | OCTOBER 2016

SUNDAY CONTINUED...

of the movie responsible for accurately explaining the extremely technical details, but these Hollywood-ites had the added duty of making sure they didn’t turn a real and genuinely catastrophic event into some shallow thriller. However, both Kurt Russell and “Marky” Mark Wahlberg excelled under the direction of the producer Peter Berg. They both delivered incredibly moving performances that

not only paid homage to the hard working oilmen, but called BP out on its egregious mistakes. Writers did a great job juxtaposing these gallant men with the unscrupulous actions of BP execs.

well intended, but I felt this factual deviation was a poor choice. Despite this, the producers and writers gave the oilmen characters a sincerity that overshadowed this simplification.

My only bone-to-pick with Berg, the producer, is that he could have explored the widely documented corners that were cut by the BP executives as well as the “negative pressure test” failure. His aim to simplify the complexity of the situation might have been

Overall, Deepwater Horizon was extremely well done. From beginning to end, the film kept the audience engaged and informed, all the while never letting us forget the severity of the potential dangers associated with working in such a high risk field.

POWDERPUFF FOOTBALL | 2L vs 3L Friday, October 14th | 2 PM | Parade Grounds

TAILGATE

AUCTION

Free bowl of jambalaya with donation (proceeds to help those affected by the flood)

Charity auction at Uncle Earl’s from 7:00-10:00 PM

ZONES CONTINUED...

start at $30. He stated that for cars that are not registered on campus, the fines hover around $100. For Lab School parents lacking parking registration, these tickets don’t serve as nearly enough incentive to stay away from Law Center spots. “There’s a statute in Louisiana that states we can’t send tickets to collections agencies. If a parent just throws the ticket away, there’s nothing I can do about it,” Mr. Campbell explained. The legislative history behind this statute features a senator’s wife in the 1950s who received a ticket when she parked at LSU. Enraged, she convinced her

husband to pass legislation that forbade the LSU Parking Center from hunting down violators of the parking policy. This tale has taken on something of a mythical quality in the Parking Office, being passed down from director to director. As a result of this policy, LSU Parking is denied anywhere from six to fourteen thousand dollars of ticket revenue per year. Dean Galligan expressed that congestion had always been a problem, but was surprised to learn students had been missing classes due to an inability to find parking. He resolved to step in on behalf of PMH. “We will call Parking Services and request assistance in making sure

cars that do not belong in our student parking lot are not there. Please keep us informed about progress or continued problems.” Both Dean Galligan and the LSU Parking Director expressed caution against self-enforcement of parking issues. “We don’t want students getting in fights in the parking lot. Students are always welcome to call us and we’ll get a tow truck out there as soon as we can,” Mr. Campbell said. Dean Galligan echoed this sentiment stating, “The fourth floor is always open if students need to report something. We ask that students be diligent around drop off and pick up times at U-High so they can report parents who are loitering in our lot.” 21


THE CIVILIAN | OCTOBER 2016

aven R THE

By: Megan Rials

Once upon a test night dreary, while I pondered, weak and weary Over many a dry and tedious volume of forgotten law— While I nodded, nearly napping, suddenly there came a tapping, As of someone gently rapping, rapping at my study’s door. “Tis the storm,” I muttered, “tapping at my study door— Only this and nothing more.” Ah, distinctly I remember it was in the bleak November, And each separate dying outline wreaked its havoc upon my mind poor. Distinctly I dreaded the morrow—vainly I had sought to borrow From old outlines knowledge—knowledge for the test tomorrow For the rare and radiant 4.0, which the top students claimed for— The endless 3L year, my saving grace was that law school was almost nevermore. And the sulky, sad, certain tapping of each passing minute Unnerved me—raised my fantastic terrors I’d felt before; So that now, to still the racing of my mind, I flung open the door: “You, visitor entreating entrance at my study door— Some late visitor disrupting my studies at this 3L’s door— Cease your rapping, evermore!” Open wide I threw the door, when, with many a flirt and flutter, 22

In there stepped a portly raven of my nightmares from high school yore, When I read, terrified, Poe; and without hesitation He flew to my computer and perched upon the keyboard— Perched, and sat, and tapped some more. Then I remembered what a prophet Poe had said the bird to be, And asked a question of what might be: “Though your crest is long and limp, now,” I said, “you are no coward To disturb a 3L on the eve of a test, from the nightly shore— Tell me my fate in law school on this night’s Plutonian fore!” Quoth the Raven: “Evermore.” Shocked I was to hear it speak, but still its word shocked me more; To hear it better I edged closer across the floor, “Am I cursed to download twice a year a new version of Exam Four? To repeat the Pitre factors and policy and thus my family bore? To memorize Evidence rules and panic when I’ve forgotten one more?” Quoth the Raven, “Evermore.” I seized my Con Law book and waved it high, And when he budged not I added my Successions book worn, “Am I cursed to cite every sentence I write for Law Review and my memos torn When I find mistakes, and to question all I knew before?

To parse every sentence, argue every angle, and see not two sides to an argument, but four?” Quoth the Raven, “Evermore.” He flapped his wings and danced so merry Glee written in his every move on my keyboard, I went still and wondered if his answer contained more Than I suspected; my worst nightmare I remembered: a chill went through my core, As I considered “Evermore.” “Prophet!” said I, “thing of evil!— prophet still, if bird or devil! Whether sent by God or Satan, or washed here by the storm ashore, Do you mean that in these walls I am cursed to roam here poor, To repeat 3L year, and never after the bar on a job soar?” Quoth the Raven, “Evermore.” “Be that our sign of parting, bird or fiend!” I screamed, upstarting— “Return to the storm and to your common-law horror shore!” But the next morning, the Raven, never flitting, still is sitting, still is sitting Watching me from his perch upon my keyboard, And the test never came; and classes repeated, with his shadow always darkening my floor… And I never went past 3L year, never a graduation robe wore, I shall be trapped here—Evermore!


THE CIVILIAN | OCTOBER 2016

Hal-LAW-Ween party

10/29/2016

8:00PM-11:00PM

Club 1913

23


THE CIVILIAN | OCTOBER 2016

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THECIVILIANLSU@GMAIL.COM. 24


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