Setember 2018

THE

CIVILIAN CIVILIAN

A STUDENT PUBLICATION FOR THE LSU LAW CENTER COMMUNITY SEPTEMBER 2018 | VOLUME 16 | ISSUE 1

PEACE BE WITH YOU? Angry Catholics across the globe are calling for Pope Francis to resign after recent allegations have come to light that the Pope knew about and aided in a coverup of sexual abuse.

McCarrick. Viganò claimed he told Francis that McCarrick had “corrupted generations of priests.”

In an 11-page letter published by The National Catholic Register and Lifesite News, retired Italian Archbishop Carlo Maria Viganò alleged that Pope Francis Kerith Willard lifted unconfirmed sanctions already in place Staff Writer on Washington D.C. Archbishop Theodore McCarrick. The letter detailed the cover-up by Pope Francis and his predecessor Pope Benedict XVI.

McCarrick was removed from active ministry in June of this year after a U.S. investigation found the sexual abuse allegations against him to be credible. He resigned in July.

Viganò stated that Pope Benedict XVI had previously sanctioned McCarrick to a lifetime of penance and prayer back in 2009-2010. He was not to travel, give lectures or publicly celebrate Mass.

Viganò alleged that Francis knew about the sanctions back in 2013, and he even asked Viganò about the accusations against

Shortly after the alleged 2013 conversation, the sanctions against McCarrick seemed to have been lifted as he began to travel and enjoy public mass.

He is accused of sexually abusing generations of Junior Seminarians and young priests in New Jersey, as well as having sexually abused at least two minors.

Barry Coburn, McCarrick’s attorney has said, “These are serious allegations, but McCarrick, like any other person, has a right to due process. He looks forward to invoking that right at the appropriate time.”

McCarrick is one of the highest ranking church officials to be accused of sexual abuse. Since his resignation in July, another man has come forward to say he was molested, as well as a few other former seminarians. continued on page 2...

THE CIVILIAN | SEPTEMBER 2018 Pope continued...

He is currently facing an internal trial and has been ordered by the Vatican to remain in penitential seclusion until that time. He currently faces no criminal proceedings because of the statute of limitations, which raises its own set of issues.

Viganò ended his 11-page letter with a call to Pope Francis and all those involved in the cover-up to resign.

The letter was published while Francis was traveling in Ireland. After facing thousands of protestors, the pope touched on the allegations, stating that he “won’t speak a word about it” but may choose to speak “when some time passes.”

He additionally stated that “it is an act of trust” for journalists to report on the issue and get it right.

During his time in Ireland, Francis begged for forgiveness of the church and admitted that the hierarchy had been guilty of cover-ups and a failure to show compassion.

Calls for the pope’s resignation have become more frequent in frequent months, especially with the recent scandal out of Pennsylvania in which a grand jury report found that 300 priests had abused more than 1,000 children over the course of 70 years.

Conservative members of the Catholic Church are calling on Francis to resign because they believe he is culpable for the abuse. Gerard Mannion, professor of Catholic Studies at Georgetown

University went even further in an article for Times Magazine, stating that not only should the pope resign, but all U.S. bishops should also resign.

However, supporters of Pope Francis believe that conservative Catholics are using the scandal to weaken Francis’s pro-progressive views within the church.

Only a handful of popes have resigned before, and having him resign so quickly after Pope Benedict XVI’s resignation could damage the centuries long bond of the church, showing that the papacy is no longer a lifelong role.

Viganò himself is no stranger to controversy within the church. An archconservative, he is known for his anti LGBTQ views. Earlier this year he spoke at a gathering of anti-Francis dissenters. In his letter he mentions “homosexual networks” within the church that are to blame and states that, “the seriousness of homosexual behavior must be denounced.”

Pope Francis has been a more accepting member of the church, telling a gay man earlier this year that “God made you like that and loves you like that.” For many, he is a welcome breath of fresh air within the church, gradually eroding teachings on sexuality.

It is unlikely that Francis will resign, but if he chooses to do so there will be a transitional period between popes.

There will be a “Papal Conclave” where the College of Cardinals will convene to elect a new pope.

iN MEMORY OF

ADAM DOWS

class of 2019

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The Civilian Staff 2018-2019 Editorial Board 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 Zack Gonzalez Victoria Heyer Melanie Richard Kerith Willard

Columnists Prof. Jeff Brooks Bret Guepet Quintele Jackson Sean Patrick King Candace Square

THE CIVILIAN | SEPTEMBER 2018

Professor Spotlight:

Madalyn K. Wasilczuk This year, the Paul M. Hebert Law Center at LSU has welcomed many new faculty members. One of them is Madalyn K. Wasilczuk. We took some time to get to know her and learn about the great things she’s doing this year at LSU. 1) So, what were you doing before you came to LSU Law?

Melanie Richard I arrived at LSU Law from Cornell Staff Writer

Law School, where I was the inaugural Clinical Teaching Fellow at the Center on the Death Penalty Worldwide. As a fellow, I taught in the International Human Rights Clinic and Capital Punishment Clinic and supervised students working on human rights advocacy projects and death penalty cases in the U.S. and sub-Saharan Africa. I also trained capital defense attorneys from sub-Saharan Africa for the Makwanyane Institute, the Center’s intensive, simulationbased capital defense training.

Before transitioning to academia, I practiced as a public defender at The Defender Association of Philadelphia, representing indigent clients at all stages of felony and misdemeanor trials and juvenile delinquency proceedings.

My job at the Defenders was my first after graduation from NYU Law, where I was a student advocate in the Global Justice Clinic and a student attorney in the Federal Defender Clinic. During law school, I also interned at International Justice Mission in Nairobi, Kenya, Open Society Justice Initiative, and the Metropolitan Public Defender of Nashville & Davidson County.

2) What brought you to LSU? I came to LSU to direct the Juvenile Defense Clinic. For me, the Clinic is an exciting opportunity to make a difference for kids in East Baton Rouge Parish.

3) Can you tell us about you role here?

Along with my colleagues Professor Jack Harrison and Professor Lakita Leonard, I teach students to represent young people who are charged with delinquent acts in East Baton Rouge Parish zealously and effectively. We train students through hands-on simulations and discussions. Students also have the opportunity to represent clients directly in

Juvenile Court. That means that students are responsible for interviewing their clients, investigating their cases, and preparing the case for trial. My role is to help students devise creative and persuasive ways to investigate and present their cases. I also serve as a safety net for student attorneys so that clients get the very best representation possible—while the clinic is a class, a client’s case can be life-changing and our number one priority must always be fighting hard to get him/ her/them the best results possible.

4) What excites you the most about LSU Law? The small size of East Baton Rouge Parish’s Juvenile Public Defender’s Office means that the clinic can make a big difference in the quality of representation young people receive in the parish. I’m also very excited by all the excellent work my clinical colleagues do—you, yes you, reading this— should take a clinic! Clinics were the best experience of my law school career, and they’re where I learned most of the skills with which I embarked on my career as a defender. I can’t recommend the experience highly enough.

5) What is the best piece of advice you can give to current law students?

Take a clinic! I know I’m repeating myself, but I do think it’s the most challenging, rewarding and educational experience of law school (not to diminish what all my fine colleagues do in the classroom, of course). Also, your dedication to your clients and your ability to work with all different types of people are underemphasized in law school, but will be all-important in practice. Hone your work ethic and people skills now.

If you don’t mind, share with us a little about your life outside of the Law Center.

1) What is your favorite thing about living in Louisiana?

It’s a little soon to say, I think, but I’m looking forward to Louisiana’s warm winters.

2) What do you like to do in your free time?

I enjoy trying out new vegetarian recipes, traveling, practicing and teaching yoga, and cuddling with my cats.

Responses provided by Asst. Prof. Madalyn K. Wasilczuk

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THE CIVILIAN | SEPTEMBER 2018

review: DEVILSH FUN WITH A DEVILISH NUN When “The Conjuring” was released in 2013, I doubt even the most avid horror fans suspected this sleeper-hit to spawn its own devilish cinematic universe. After the financial success of two spin-off/prequels featuring an absolutely adorable little doll by the name of Annabelle, “The Conjuring” cinematic universe has returned to terrify Sean Patrick King audiences with its fifth—and certainly not Columnist last—installment, “The Nun”. Margarita in hand, I braced myself for what was billed to be the “darkest chapter in ‘The Conjuring’ universe.”

To be honest, the early reviews of “The Nun” had prepared me for an absolute train wreck of a film featuring dimly-lit corridors, dreary jump scares, and only a shortchange of appearances by our beloved title character. With a Rotten Tomatoes score of 27%, this presumed Razzie contender had set the bar far below its predecessors, a bar “Annabelle” likely does demonic pull-ups on for breakfast. However, after a tense and atmospheric opening scene featuring The Bar Exam the demon Valak hunting down a rather young looking Rose McGowan nun and leading her to an untimely demise, I was pleasantly surprised, a little bit spooked, and ready for a second margarita.

“The Nun” tells the story of Sister Irene (Taissa Farmiga, sister of Vera Farmiga who stars in the original Conjuring films), an almost-nun who has yet to take her vows. Along with Father Burke (Demián Bichir), a sometimes-successful exorcist, Sister Irene is contacted by the Vatican to investigate the incident from the opening scene. What follows is approximately 86 minutes of people being buried alive, praying while crying, and running around screaming. It makes for a fun, yet bumpy, ride.

For what the film lacks in plot and character development, “The Nun” makes superb use of creepy and gothic cinematography.

In fact, the movie’s Hitchcock-inspired aesthetic serves as possibly the most interesting and compelling aspect of the movie, besides our demonic Nun-friend. The main action of the film takes place in 1952 at the secluded and very hauntedlooking Cârța Monastery in the Transylvania region of Romania, because of course it does. Creepy corridors abound,

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the Abbey seems to be the prime location for the inaugural season of Ryan Murphy’s Romanian Horror Story. With plenty of opportunities to float through long hallways, torment nuns in perpetual adoration, and dwell in a cellar scrawled with the Latin phrase “Finit hic deus” (for those who don’t remember from Legal Traditions, “God Ends Here”), it is no wonder our title character calls this place home.

The nun, also known as the demon Valak, the defiler, the profane, the marquis of snakes, khaleesi of the great grass sea, protector of the realm, lady regnant of the seven kingdoms, breaker of chains, and mother of…wait, that’s someone else…looks unquestionably stunning in a floor-length black gown designed by Lucifer himself. The outfit includes an exquisite monochrome tunic with a pair of Spring/Summer ‘17 Saint Laurent YSL Black Logo Espadrilles. My soul was SNATCHED each time Valak made a sickening appearance on screen.

While the film attempts to provide Valak with some backstory by explaining Valak was summoned in the Dark Ages by a clearly problematic Duke, the writers are most certainly setting the stage for another Valak spin-off set in the Dark Ages. One can only hope this inevitable tale will provide Valak with far more opportunities to petrify moviegoers.

Even though “The Nun” is, ultimately, a forgettable tale which fails to conjure up the terror of its predecessors—as well as this year’s horror masterpiece, “Hereditary”—”The Nun” provided for a somewhat satisfying horror experience that had me ready for the Halloween season.

Final Rating: three out of five stars. While you definitely won’t walk out of the theater feeling as if you’ve wasted $12.00 on a movie ticket, this is a film best enjoyed from Redbox.

What to Drink While Watching: Strawberry Lemon Spritzer, because just because you’re in law school doesn’t mean it isn’t still summer…or something like that.

* 3 oz. Moscato * 2 oz. Sparkling Mineral Water * 2 Cut Strawberries * Lemon Garnish * For an Extra Kick – 1 oz. Belvedere Vodka

THE CIVILIAN | SEPTEMBER 2018

MONEY & MIDTERMS Polling places will be opening their doors once again this November. Now two years out from the 2016 Presidential Election, the Midterm Elections take their place at the center of American politics. At stake in these elections is a host of congressional, state and local positions.

Taylor Falcon Staff Writer

All six of Louisiana’s US House Districts will be up for re-election this fall. Still, the opposition to incumbents seems fairly sparse.

At the moment, the most interesting of the races is in the Third District. Republican Clay Higgins of Port Barre is the only incumbent to face a challenge from within his own party.

While Higgins has managed to raise just over $200,000 with the help of President Donald Trump, Republican Josh Guillory of Lafayette has received significant contributions from Trump’s lawyer, Rudy Giuliani. At around $95,000, Guillory’s current funding puts him on somewhat-equal footing compared to the larger disparity in the five other districts.

interesting ballot initiatives. In the context of the legal profession, Louisiana Amendment 2 proposes unanimous jury verdicts for felony trials.

Currently, felony convictions require 10 out of 12 jurors to agree. This amendment would require all 12 jurors to vote in favor of conviction. Ultimately, the amendment may make it more difficult for the state to convict for felony crimes.

Louisiana is currently one of two states which still allow for felony conviction without unanimous agreement. The only other state to do so is Oregon.

The U.S. Supreme Court has already ruled on this issue in Apodaca v. Oregon (1972). In its holding, the court found that federal criminal trials must be unanimous in nature, but that states were not bound within their own courts.

Louisianians will also be electing a number of officials on the state and local level. One of the positions to be voted on during the midterm elections is a Louisiana Supreme Court position.

Louisiana is one of 38 states that feature an election to decide who will hold a spot on the state Supreme Court.

In the First District, Republican incumbent Steve Scalise is competing in a much more lopsided contest. As of July, Scalise was reported to have close to $2 million in available funding.

With the five other candidates in the race having a combined $30,000, Scalise appears to have an insurmountable advantage going into the general election.

Realistically though, the most hard-fought battles will be on the local level, as members of the community vie for the few district judge and school board positions.

Republican incumbent Garrett Graves of Baton Rouge finds himself in a similar situation in the Sixth District. Graves, who has around $1.9 million in funding, will be competing against three candidates whose combined total fundraising amount is just over $5,000.

While the Louisiana congressional races are largely inconsequential in terms of power in Washington, the effects of elections in other states hold the very real possibility of a power shift. This shift, of course, would be in relation to control of the two Congressional Houses, which Republicans currently hold.

More so than anything, the congressional races show the importance of party and corporate endorsement. Without it, many candidates find themselves without the adequate funding to compete on any meaningful level.

While Louisiana is largely devoid of funding to opposition candidates, other states have seen the injection of funds into their congressional races as political leaders and corporate influencers have taken notice of potential political battlegrounds.

Beyond the congressional races, there are also some very

As a whole, these state and local races are often overshadowed by the larger congressional races in battleground states, though this is not without good reason.

However, some districts who voted for President Trump in the 2016 election, like Kentucky, West Virginia and North Carolina, have seen competitive activity from Democrats,.

Still, as 2016 showed, districts may at times swing more conservative or liberal depending on voter turnout and priority issues.

Regardless of the result, the consequences of the Midterm Elections stand to affect not just national politics, but also our very own communities.

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THE CIVILIAN |OCTOBER 2017

Kristian Fulton:

The Fighting Tiger

The LSU football program has long referred to it itself as “DBU” (Defensive Back University) and contains a hallowed lineage of Tiger cornerbacks and safeties who have paved their way into the highest level of professional football in the National Football League. Kristian Fulton, hailing from Metairie, Louisiana, was hoping to continue the trend as the latest talented cornerback to emerge from Zachary Gonzalez LSU. Staff Writer After playing in just three games as a true freshman, the former five-star cornerback was poised for a bigger role in the secondary with the loss of both safety Jamal Adams and cornerback Tre’Davious White to the 2017 NFL Draft. Unfortunately, Fulton’s collegiate career would suffer a major setback when it came time for him to submit to an NCAA Performance Enhancing Drug (PED) test on February 2, 2017.

In the early hours of that Friday morning, Fulton was caught using the urine of somebody else as he thought the test was one for street drugs (i.e. heroin, marijuana, synthetic cannabinoids, etc.) instead of PEDs. The test administrator noticed Fulton attempting to fill a specimen cup with urine from a small bottle he’d brought in with him. When Fulton was confronted, he emptied the cup’s contents into a urinal and filled it with his own urine.

Six days later, the NCAA hit Fulton with a violation of Section 3.4 of the NCAA Drug-Testing Program Protocol. In short, the provision states that a person who tampers with a NCAA drug-test sample will be suspended for two seasons. Fulton appealed his suspension, but on March 8, 2017, the NCAA appeals committee rejected his request.

For the entire 2017 season, Kristian Fulton could do nothing but watch as the Tigers posted a 9-4 (6-2 SEC) record without him.

Though LSU put up quality defensive numbers in 2017, Fulton’s suspension was a blow to their secondary as he was the No. 22 overall recruit in the country and the No. 1 prospect in the state of Louisiana when he committed to the Bayou Bengals. To make a bad situation worse, the Tigers lost out on an entire season to develop Fulton into the team’s next potential star cornerback.

Despite having to miss what would have been his sophomore season, Fulton did not give up his legal battle. He reached out to Alabamabased sports attorney Don Jackson, who played college baseball at Alabama State University before obtaining his law degree from the University of Virginia.

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Jackson took up Fulton’s case in the summer of 2017 and began to look more closely into the circumstances surrounding the drug test and suspension. In his yearlong investigation, Jackson discovered that the appropriate drug-testing protocol had not been adhered to during Fulton’s screening.

On May 31, 2018, a New York forensics panel concurred with Jackson and Fulton that the correct drug-testing procedures had not been complied with. This brought up chain of custody issues regarding how the urine specimen was handled and transferred.

Section 7.5 of the NCAA Drug-Testing Program Protocol states, “If chain of custody is broken at any point in the process, the NCAA may collect another specimen.” With this new evidence, Jackson filed a motion for reconsideration on July 27, 2018, and the NCAA reopened Fulton’s case.

A week later, LSU sent a letter to the NCAA reconsideration committee arguing for Fulton’s eligibility, but the NCAA came back with yet another denial six days later. However, the University would not quit in its fight for Fulton’s collegiate career as a Tiger.

On August 17, 2018, LSU athletic director Joe Alleva wrote a fourpage letter to the NCAA interpretation panel stating that Fulton had been erroneously punished. Alleva claimed that instead of tampering, Fulton should have been charged with “urine substitution”.

This distinction is huge, as urine substitution carries only a one-year suspension as opposed to the two-year suspension associated with tampering.

Upon reviewing Alleva’s argument, the NCAA interpretation panel agreed with him and ruled that Fulton was to be immediately reinstated. After a 19-month battle, Fulton was able to once again don the purple and gold.

This was a huge legal victory for both Fulton and the LSU team as a whole. After finishing the 2017 campaign 9th in Team Passing Efficiency Defense (110.89), 12th in Total Defense (316 Yards Per Game), 21st in Passing Yards Allowed (187.6), and 54th in Passes Intercepted (12), LSU’s defense will look to improve upon these numbers with Fulton’s return.

On September 2, 2018, the underdog No. 25 LSU Tigers kicked off their season against the No. 8 Miami Hurricanes in the 2018 Advocare Classic in Arlington, Texas and Kristian Fulton took the field for the first time since December 31, 2016. He registered three total tackles (two of them were solo) with two passes defended as the Tigers stunned the Hurricanes in a 33-17 upset.

THE CIVILIAN | SEPTEMBER 2018

The Law School Survival Guide The first year of law school can be a tough experience. Here, PMH’s best and brightest give you advice to get through it:

Victoria Heyer Staff Writer

Samantha Kennedy, 2L – “Laminate your flashcards and bring them to tailgates! In all seriousness, my biggest advice would be to never take yourself too seriously, stay humble and stay human. You’re never too good for hard work. However, take time off to be with family and friends—it is time well spent.

A smart law student is a kind law student. Life will happen in law school, so be kind to everyone you meet here and you will have an excellent support system behind you when you need it—and you will. I had a dear friend get sick last semester and if it wasn’t for the support of my classmates I’m not sure I could’ve stayed sane.”

Carmen Guidry, 3L – “Make a schedule and stick to it so as not to get overwhelmed. Designate a different subject for every day to study. While it’s early in the semester, read your notes and focus on getting to understand your classes. The big picture will come in the last few weeks of the semester, so make sure you start going over your notes early in the semester, because you don’t want to get to November and realize you don’t understand basic principles you learned in August.”

Wesley Davis, 3L – “Law school may seem impossible at times, but I assure you it is quite the opposite. Finding success in law school is an achievable goal. Law school is challenging and, quite frankly, stressful. It is not insurmountable. Your success is entirely dependent on how you prioritize your class preparation and time commitment to law school.

Early to mid-semester, my advice is to stay on top of your readings and class preparation. Don’t skip out on reading your assigned cases each day or fail to take notes as you read.

Highlighting words in your text book, without anything else, doesn’t get you much other than colored ink on expensive paper.

Take notes as you read, brief complicated cases as you read, and have your brief on hand during class discussion. Pay attention in class. It will make the outlining, reviewing, and studying process much easier later in the semester when you

are preparing for your first law school exams. Class preparation and reading every day will also save you a significant amount of stress later in the semester when the intensity of final exams rear their ugly head.”

MJ Hernandez, 3L – “I’d say it’s important to schedule in time for relaxation; however each particular student chooses to relax. Whether you spend time with your significant other, watch Netflix, read, workout, whatever it is. You need to physically schedule the time in or else it won’t happen, or, will happen too much which could also be a bad thing if you’re not getting the material well enough. Also, it’s always important to keep in the back of your mind that you (as a 1L) made it into this law school for a reason. That means that you have the potential to succeed here. You can handle the work load, and many other people, just like you, have come into law school and made it out the other side as successful attorneys.”

Carlos Coro, 3L – “To succeed as a 1L, the first thing you should do is check the outline database on the SBA website! I moved to Louisiana from out of state, and had to learn to make friends. That was hard. You should be social and outgoing – no need to be negative.

I felt like what I really missed out on was the access we have to Westlaw and Lexis. We have access to online supplements like the Civil Law Treatise series (link to this on the SBA website).

You should actually use these resources for class – it’s much easier to outline from and so useful.

You should learn to be disciplined. To remain disciplined, just take the first step. Make your bed in the morning and then you might as well put the dishes away. Do the hard work…even when you don’t want to. If you want to be knowledgeable, de disciplined.

Most importantly, do what works for you! Don’t worry about what everyone else is doing and compare yourself to them.

Don’t feel bad if you don’t know something – everybody learns differently. And check the SBA website – everybody can benefit from that!”

Briana Reid, 2L – “The best law school advice is be wary of advice. People have good intentions, but not every method works for everyone. So don’t be alarmed if something works for someone else and not for you. You will figure yourself out.

Because at the end of the day, you know yourself best.”

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THE CIVILIAN | SEPTEMBER 2018

Kavanaugh’s Confirmation Hearings: a Display of Political Grandstanding

Cavett Feazel Columns Editor

Following Justice Kennedy’s announcement on June 27, 2018, that he would be retiring from the Supreme Court at the conclusion of the 2017 term, President Trump and company began the replacement search. Having compiled a list of potential nominees during the 2016 presidential election, the President stated that it would be someone from that list. Brett Kavanaugh, a 12year veteran of the U.S. Court of Appeals for the District of Columbia, was on that list and on July 9th was announced as the nominee.

Supreme Court confirmation hearings offer a rare chance for our lawmakers to question the country’s greatest legal minds on constitutional theory and legal analysis. While some insight is gleaned, the divisive nature of politics tends to obstruct any open discussion from the nominees. Of course, as now Justice Elena Kagan put it in 1995, confirmations hearings have become a “vapid and hollow charade.” The temperament and rhetoric surrounding Judge Kavanaugh’s nomination has been inimical and often puerile in fashion. This shouldn’t be surprising as appointment of the next Justice will not only shape the legal landscape for decades to come but is likely to sway the Court right of center, something Democrats fear will result in a reversal of the progressivism accomplished over the past few decades. This unruliness was demonstrated by the more than 200 arrests on Capitol Hill during the hearings.

To be clear, the uncouth nature of today’s confirmation hearings is not a partisan issue; it affects all citizens and demands a return to respect for the nomination process, courtesy to the other side of the

aisle, and a restoration of principled and honest inquiry. The hearings of modern times have all but turned into political grandstanding.

Senator Corey Booker (D-NJ) and Senator Kamala Harris (D-CA), both rumored frontrunners for the Democrat presidential candidacy, are two prime examples observed during these hearings.

Senator Harris asked Kavanaugh if he “ever discussed special counsel Mueller or his investigation with anyone,” or “anyone at Kasowitz Benson & Torres, the law firm founded by. . .President Trump’s personal lawyer?” On its face this is a valid question attempting to delve into whether Kavanaugh’s personal views on the Russian treasure hunt account for his nomination. However, the interaction between the Senator and Judge reveal that Harris’ intention wasn’t a sincere inquiry into the Judge’s qualifications or personal relationship with the President. Rather, her intention was political gain. When asked by the nominee for a roster of those who work at the law firm, Senator Harris replied, “I don’t think you need to know. I think you need to know who you talked with.” What a helpful retort. The Senator, fully aware that it’s precedent for nominees to not offer up their personal views in fear of being “borked,” a reference to Robert Bork’s failed nomination to the Court, continued to press the nominee on his personal views on whether certain cases were decided correctly so that she could later tweet about his refusal to answer, knowing full well no nominee, conservative or progressive, in that seat would oblige those questions.

Senator Booker’s show of theatrics is worthy of a Razzie from Rotten Tomatoes, although his supporters may believe an Oscar is in order. Either way, it’s clear he was using these hearings to drum up political support. During the continued on page 9...

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Clinic Corner.Immigration Clinic Each semester, the Immigration Law Clinic allows 2Ls and 3Ls to gain experience in a growing field. In addition to its day-to-day work, the clinic also encourages school-wide participation events like Citizenship Day, Adjustment of Status Day, and DACA Day, where non-citizens can receive the assistance they need by filling out various forms including work authorization and asylum.

Carmen Guidry, 3L, described the Immigration Alex Geissman Law Clinic as an incredible way to experience Staff Writer real-life legal work while also helping people in the community with their immigration needs. Guidry, who participated in the clinic last year, said the clinic has taught her about more than the law — it’s taught her how to be an effective advocate for her clients. Other students have described the immigration clinic as their best law school experience so far.

Lana Georgiou, 3L, said the clinic is humanitarian-driven and requires a certain passion and empathy. Georgiou, had no immigration law

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experience before participating in the clinic. She said that the clinic helped realize her true calling as a law student.

One of Georgiou’s most memorable experiences occurred when a desperate man came in to the clinic the night before his case presentation in need of help. Georgiou said the clinic team stayed late to put together a case file and, by working together as a team, ultimately helped the man get granted asylum. Victories like these can be provide motivation to clinic students.

Georgiou said working in the field of immigration law, students are faced with some intense situations. For example, Georgiou said, last year they fought to help a man obtain legal status. While the government did not deport him, it did not grant him legal status either.

This meant that he could never leave the U.S. or return to his home country where his family was still living. He had to choose whether he wanted to return home and be killed or never see his family again.

The man made the tough decision to stay in the U.S. because he felt would be of more help to his family alive. Georgiou said emotional continued on page 10...

THE CIVILIAN | SEPTEMBER 2018

with

(BR) unch (BR) ooks

Every law professor has their area of expertise. For some, it’s civil procedure.

For others, it’s evidence. For me, it’s brunch. I am excited and honored to return to The Civilian this Prof. Jeff Brooks year as your guide Columnist to Baton Rouge’s brunching and lunching scene. I have bravely faced more plates of French toast than you can imagine in service of bringing you, the reader, my opinions of the best places in this city to enjoy the greatest meal of the week.

For this first column, I decided to do a starter guide to four top Baton Rouge brunch options, all of which are within easy reach of the Paul M. Hebert Law Center.

The Chimes Where: 3357 Highland Road When’s Brunch: Saturdays Sundays from 11 am to 2 pm

and

The Brooks Bite: The Chimes brunch is a Baton Rouge institution, which means it comes with a particularly long wait for Sunday Brunch – especially on home game weekends. (The wait is worth it, though!) This is my go-to place to bring out-of-town visitors for a classic Baton Rouge brunch experience. My favorites include the Grits & Grillades ($13, a Creole classic of braised beef or pork rounds in a thick

gravy ladled over a bowl of grits), the poached eggs Pontchartrain ($14), and a truly excellent Irish Coffee ($6.50).

The Ruby Slipper Café Where: 3535 Perkins Road When’s Brunch: Every day from 7 am to 2 pm (3 pm on weekends) The Brooks Bite: Ruby Slipper is a New Orleans-based franchise catered around serving classic brunch options. It’s a solid brunch menu, featuring plenty of sweet and savory entrée options, and the restaurant serves surprisingly large portions. I do find myself wishing that the drinks options were a bit more reasonably priced, and you definitely want to make a reservation through their app because it gets crowded quickly, but these are minor critiques of a really solid brunch restaurant. Personal favorites include the Eggs Cochon ($14, Eggs Benedict meets pulled pork biscuit), the Migas ($12, a spicy cheesy egg scramble served with tortilla chips), and the bananas foster pain perdu ($12, pain perdu is “French toast” made with French bread, and they don’t stint on the caramelized bananas).

The Overpass Merchant Where: 2904 Perkins Road When’s Brunch: Sundays from 11 am to 4 pm The Brooks Bite: Overpass Merchant is a great brunch option for those seeking a hearty “true” brunch – late morning to

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Kavanaugh continued... hearings Senator Booker threatened to release Committee Confidential documents proclaiming himself Spartacus with a straight face. He went on to release the documents and proclaim to the press, “I broke the rules yesterday. . .whatever the consequences are, here I stand.” Unimpressive pomp.

It’s unsurprising that Senator Booker used these hearings to bolster his political fame; remember that this is the same man who cried “tears of rage” over President Trump.

At least Senator Harris displays some sincerity; Booker doesn’t even attempt to feign it.

After all is said and done, Judge Kavanaugh will occupy the chair four seats to the left of Chief Justice Roberts on Monday, October 1st when the Court’s 2018 term begins.

Those who support a progressive judiciary may be mortified that President Trump will have placed two Justices on the Court before the halfway mark of his first term, but those who favor a more conservative approach to judicial interpretation are soaring with joy. Justice Gorsuch and soon-to-be Justice Kavanaugh will stand as President Trump’s most important act as the 45th President of the United States.

Note: After the writing of this article allegations of sexual assault against Judge Kavanaugh arose. Christine Blasey Ford, a professor of Clinical Psychology at Palo Alto University, penned a letter detailing the alleged event to Senator Dianne Feinstein (D-CA) requesting anonymity. The sexual assault is said to have taken place in 1982, while both parties were in high school.

It should be noted that Senator Feinstein maintained Ford’s anonymity until a news report detailing the existence of the letter surfaced. Democrats on the Senate Committee on the Judiciary were then given copies of the letter, requesting that Feinstein reach out to the FBI. Professor Ford only came out publicly after the haphazard release of her letter became public. These events prompted a delay on the confirmation vote. Professor Ford has stated she will not testify before the Senate Judiciary Committee without an FBI investigation; Kavanaugh will be the next Justice to sit on the bench of the highest court in the United States.

Editorial Note: All columns in The Civilian are opinions of the individual writers.

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THE CIVILIAN | SEPTEMBER 2018

Dear Dr. L Dear Dr. Love,

ve

I’ve been single for a while and now I’m just starting law school. I think I’m ready to get back into the dating game and find the one. How do I balance dating and law school?

Sincerely, Hopeless Romantic Law Student Hopeless Romantic Law Student, You’ve asked an important question. You’ll soon learn, law school is hard. Dating is an adventure. Dating while in law school…now that’s some *insert poop emoji*. A law school relationship isn’t like a typical relationship. It requires a different level of maturity and commitment. You’ll either be dating someone that is or isn’t in law school. We’ll start with the latter.

Quintele Jackson Dating someone who isn’t in law school while being in law school is a challenge. It can be done but a challenge Columnist nonetheless. Law school requires a heavy amount of time, emotion and energy – similar to a relationship. Because law school is so demanding and time consuming, your partner is likely to start feeling neglected and as though they are not a priority. The best way to combat this is to ensure that your significant other knows they are important to you. When you finish for the day, set aside some time to talk to them. Not just texting but an actual phone call (or FaceTime if applicable).

Equally important, take an interest in their day and what they have going on. You will be surrounded by the study of law ALL DAY, so when you’re with them try to not talk about law school. Most importantly, it’s the little things that count. Little surprise gifts like their favorite candy, a scented candle, a neck tie, or even a t-shirt of their favorite tv show or band. You want your partner to know they are appreciated.

Little signs of affection go a long way Dating someone who is in law school is an entirely different ballgame. There are plenty of Do’s and Don’ts. If you can manage to land an upperclassman kudos to you! It’s likely you’ll be dating someone in your section or one of the other sections. First, law school is just like high school. Your business will not stay secret for too long. The more you hang out in public, the sooner people will jump to the conclusion that you two are dating. Dating someone in your section is a delicate endeavor. Here is a person that you will be around nearly CONSTANTLY. There won’t be room for “wyd” or “what did you do today?” It will take more to get to know them.

But, I understand. The heart wants what the heart wants. If you plan on dating someone in your section, it’s important to give your partner their space. You don’t have to constantly be around them. A major DON’T…it is imperative that you do not date them and sit next to them in class. If you do then you will be placing yourself around this person at all times, seemingly never giving them any room to breathe. You have to give that person space while also making the effort to get to know them, and at the same time manage the heavy weight of law school.

First ask yourself, are you truly emotionally ready to take on the task of furnishing and maintain a new relationship? Dating while in law school is tough, but getting over a breakup while in law school is hard beyond compare. It can leave you feeling depressed, alone, and wanting to give up on law school. So, before you begin ask yourself if are you truly ready.

-Dr. Love Clinic continued... situations of this magnitude present students with two options — be sad or take action. The clinic, led by Professor Lauren Aronson, takes the latter approach.

During the Spring 2018 semester, the Immigration Law Clinic took on 13 clients, 11 of which were either granted asylum, green card status or lawful permanent resident status.

Georgiou described Aronson as “amazing” with clients — she knows them each by name and they can talk like best friends.

“When students enroll in the [clinic], they are contributing to the most effective and immediate solution to our country’s immigration crisis by providing representation to those who lack the resources or skills to represent themselves,” explained Aronson.

Immigration Law is constantly changing, and students’ education has to change along with it. For example, Georgiou said, in the past the clinic has dealt with asylum claims based on persecution, political opinion claims and even claims involving domestic abuse, gang violence and rape.

But that all changed this summer when a major case was overturned.

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Now the United States no longer recognizes the threat of private actors as reason for asylum. This means that unless someone is being persecuted by a government-backed group, they will not be granted asylum. Georgiou said this change has affected the type of clients and claims that seek help in the clinic.

The clinic also provides students with the opportunity to work with other professions and can lead to other experiences and job opportunities. M.J. Hernandez, 3L, said the clinic prepares participants for those future experiences by allowing them to work in a real-world environment with clients, deadlines, cases and meetings.

“It’s full of ups and downs of real life law practice,” he said.

For Georgiou, the clinic has opened the door to awesome job opportunities like an internship at the Sex Workers Project at the Urban Justice Center in New York, where she worked mostly on LGBT asylum-based claims and sex trafficking visas. Thanks to her work with the clinic, Georgiou said, she was prepared to start working immediately.

THE CIVILIAN | SEPTEMBER 2018

The Diversity and Professionalism Column ------------------------------------------------------------------------Considering National Hispanic Heritage Month and Learning from Diversity

This September we celebrate the LSU Law Center’s commitment to diversity by recognizing National Hispanic Heritage Month.

While this article focuses on honoring our Hispanic faculty and students, it is important that it does so while acknowledging the context of our current national dialogue. From the polarizing debates around immigration and Candace Square diversity initiatives to the ineffective response to the crisis in Puerto Rico, our Hispanic Columnist population is central to many of the current conversations and policy debates regarding freedom, fairness and equity. Like the Hispanic community itself, these issues are both global and local; which is why it is so important that we take the time to learn from the small portion of that community here at PMH. One of our newest faculty members, Professor Lisa Avalos, is committed to making a difference in the lives of all disenfranchised people. She also values her Afro-Cuban background and feminist upbringing as important pieces of her identity. She earned a B.A., M.A. and Ph.D all from Northwestern University and went on to earn her J.D. from New York University. Her research involves international human rights with a focus on women’s humanrights, gender-based violence and sexual violence. She is now a treasured part of the LSU Law family, teaching Criminal Law and Legal Professions as well as ACJ and a gender-violence based course in the spring. Although Professor Avalos recognizes that there are still disparities in the number of colored students applying to and graduating from law school, she believes that when students of diverse backgrounds are included in homogenous spaces they make a positive impact. It is most important for Professor Avalos that inclusion leads us all to recognize our common humanity and that we maintain a willingness to engage in dialogue and educate our peers.

Brunch continued...

early afternoon – as opposed to a breakfast-y brunch. (TL/DR: A great place to nurse a post-game-day headache.) I prefer their outdoor patio seating to the interior, as indoors tends to get loud and crowded. Personal menu favorites include the house mix Bloody Mary ($5, and the best in Baton Rouge, in my opinion), and the truly massive Buttermilk Biscuit basket ($9, and seriously, it could be an entrée by itself).

Bistro Byronz Where: 5412 Government Street When’s Brunch: Sundays from 11 am to 3 pm The Brooks Bite: Bistro Byronz has by far the largest and most varied brunch menu of my preferred haunts, and it is

Another new addition to PMH is Professor Lécia Vicente. Professor Vicente, a Portugal native, is a world traveler who speaks several languages including Portuguese and Spanish. She notes that while Portuguese culture is distinct, many people of Portuguese descent relate well to Spain, Latin America, and the Community of Portuguese Language Countries (CPLP) like Brazil, Angola, Cape Verde and Mozambique. Professor Vicente earned a B.A. from the Catholic University of Portugal and a Ph.D. and Master of Laws from the European University Institute. With a background in international law, comparative law and experience working with United Nations, she is now contributing a fresh perspective to the Law Center and her Legal Traditions class. As an educator, Professor Vicente appreciates student participation and believes that each student adds a valuable and unique contribution. She also emphasizes the importance of endurance while in law school and advises students to seek out mentorship to create a support system that will help them achieve their goals.

Not only are our new faculty members cultivating a legacy of pride and purpose, but so are our students. Hispanic Law Students Association President, Samantha Kennedy, embodies those purposive values. She is a graduate of LSU and is currently a 2L at PMH. She also serves as Publicity Chair of the Public Interest Law Society. Samantha is of Honduran descent and takes great pride in her Hispanic heritage despite a rising anti-immigrant sentiment.

As a leader in both HLSA and PILS, Samantha is committed to addressing issues of poverty, diversity, and is especially interested in helping immigrants. She is always striving for more inclusion and hopes to practice immigration law in the future. Like Professors Avalos and Vicente, she believes each of us brings a unique perspective to PMH that stems in part from our heritage, and that it is important that we embrace our differences in order to learn from one another.

definitely the most “savory” (as opposed to sweet and pastryheavy) of the brunch options on this list. My brunch go-tos are the Poché Etoufée ($12.95, which is a classic eggs Benedict combined with a crab meat etoufée), the Bread Pudding Bitez ($5.95, a starter sampler of bits of bread pudding with dipping sauces, definitely satisfies the sweet tooth), and the Brunch Burger ($11.95, a burger served with a poached egg on top and lots of hash browns). I round this out with a frozen mimosa ($5.50 for a glass or $20 for a pitcher).

In future columns, I and some “mystery diners” will do indepth reviews of Baton Rouge brunch hotspots – if you’d like to join in on one of these excursions, or if you have tips of places we should try, you can reach me at jeffbrooks@lsu.edu

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THE CIVILIAN | SEPTEMBER 2018

HENRY

PITTMAN

Q: To build on that, what’s your allSection: 3 (no one time favorite smell?

A: I like when I get my car washed and cares anymore) Relationship Status: they put that little vanilla wafer in there.

Year: 3L

Taken

Bret Guepet Columnist

Hometown: Metairie (He tried to say New Orleans but I called him out)

Undergrad Political Science (useless)

Major:

Q: Might want to snag a tetanus shot.

You’re dating someone in law school, correct?

A: Yeah. Going pretty well. She gives me Q: I have no idea what you’re talking all of her notes and stuff, so. about. If you had to go on America’s Q: I would never do that… She’s Got Talent, and your life depended on definitely smarter than you are, right? making it to the next round, what sort A: Yeah, way smarter. of act would you put on?

Q: Has anyone ever told you that you A: I’m like a really good singer. look like the child of Macaulay Culkin Q: What would you sing? and Haley Joel Osment?

A: What’s that..uh..I’ve been working A: No, but I’ve gotten Elton John a few on “These Eyes” by Guess Who [sings a times. It’s really offensive though…all of It was a fantastically humid Friday little snippet for me] them. afternoon. I parked my vehicle at the Law Center, and began my stroll to the Q: Changing directions – I notice Q: So there’s some talk about you Chimes Restaurant around the corner. you’ve got a small gold hoop earring. stealing Johnston Burkhardt’s look.

Would you like to comment on that?

About halfway there, a black Jeep blew Taking the criminal defense route? by me heading in the same direction. The A: Yes. I feel like I can really relate to my A: Yeah it’s like Johnston, then me, then driver was a golden-topped young man clients with this look. That’s why I got it Jeff Brooks all rocking that look. Have people really been talking about that? with a pair of round, harry-potter-esque in Cozumel. glasses. Turns out, it was the man I was Q: Moving on. Would you rather smell heading to interview: Henraldo Pittfire a fart at all times that no one else (Henry Pittman for short). He suggested smelled, or smell like a fart at all times we sit at the bar; I obliged. The following that you can’t smell? interview was the product of soggy french A: Oh dude, smell a fart at all times. I fries and half a beer. don’t want to smell like a fart.

Q: I just got a haircut before I came to Q: Gross. Finally, do you have any interview you. Did you notice? really good bad advice for the 1L’s?

A: Really? It looks great.

A: Only use your absences on Fridays so Q: You’ll be a good lawyer. How does that you can go to Earl’s on Thursdays. it feel to be in your final year of law Also, don’t even worry about OCIs school? because you’re going to want to go to France this summer. Jobs are not that A: Pretty good, dude. Taking a lot of easy important. classes. Some tough classes. Feels pretty good, dude.

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