“Alvin B. Rubin and the Good Judge Ideal” Focus of Remarks by Chancellor Jack Weiss at Annual Rubin Symposium

“What can we learn from Alvin Rubin about what it means to be a good judge,” asked LSU Law Chancellor Jack Weiss to a standing-room only crowd as he presented at the 22nd Annual Judge Alvin B. Rubin Symposium on April 17 at the U.S. District Court for the Eastern District. Weiss’ presentation, Alvin B. Rubin and the Good Judge Ideal, focused on three of the many important lessons to be gained from Judge Rubin’s example: a good judge can’t be fooled, a good judge is a good teacher, and a good judge considers “all information relevant to a just result.”

Sponsored by the New Orleans Chapter of the Federal Bar Association, the symposium is an annual discussion on aspects of federal law or federal practice held as a living memorial to Judge Alvin B. Rubin’s contribution to federal jurisprudence and legal scholarship.

“My first lesson about good judging a la Alvin Rubin: a good judge can’t be fooled,” said Chancellor Weiss. “Other than partiality or corruption, there is nothing more disturbing than to appear before a judge who can readily be sold a legal or factual bill of goods—for example, an argument that has surface plausibility but on closer examination just won’t hold up, leads to patently unacceptable consequences, or is founded on mischaracterized facts or precedent.”

“A lawyer might hope to fool Judge Rubin, but could never expect to do so,” Weiss said.

“A good judge is a good teacher,” said Weiss. “Good judges demand, and bring out, the best in the lawyers who practice before them. They are accessible to lawyers to help them shape or resolve their cases and subtly guide well-meaning and less adept or rookie lawyers when they are in need of help. They are unstinting in their praise for those who meet their expectations, and encourage those who do their best to meet his expectations. But they have no tolerance for sloppiness or chicanery.”

Weiss summarized, “. . . good judges as good teachers actively and energetically enhance and adorn the judicial process. They are demanding, but not overbearing; persistent, but not rude. They elevate the work of the lawyers who appear before them, the work of their own judicial colleagues, the quality of their deliberations, and, overall, the quality of justice meted out by the Court on which they sit. This, too, was quintessentially Alvin B. Rubin.”

Chancellor Weiss concluded his presentation with the third and most complex respect in which Judge Rubin provides a model for good judges present and future.
“He himself said that it is important for a judge to consider ‘all information relevant to a just result’,” shared Weiss. “When a judge engages in statutory or constitutional interpretation, it means that a judge must remain open to the consideration of context, purpose, and consequence. He or she eschews formulaic and other hidebound approaches to judicial decision making. The good judge understands that the highest and most sensitive part of the judge’s job is to reconcile competing social interests consistent with constitutional or legislative purpose in the face of inevitable ambiguity and the multiple meanings that facts may bear. The good judge weighs the consequences of alternative dispositions of a case, using his or her own “good judgment” and taking into account “the nation’s needs” in cases implicating them. A judge who “considers all information relevant to a just result” also demonstrates attention to factual detail, a discerning eye, common sense, and human understanding derived from experience. In other words, a good judge is keenly aware that his or her decisions are only as good as the completeness, accuracy, and relevance of the facts marshaled in support.”

“Judge Rubin was unusually gifted at reconciling competing societal interests through clear-eyed assessment of constitutional or legislative purpose, context, and consequence,” Weiss said. “He was also a master of penetrating factual analysis grounded in experience and understanding. To use a simple analogy: he had the good sense to look out of the courthouse window and the sharp vision necessary to make appropriate use of what he saw.”

Chancellor Weiss said he has no doubt that, “we can and should place Judge Rubin squarely within the centrist or “consequentialist” tradition of Justices Souter, Breyer, and their judicial forebears from Holmes and Brandeis to Learned Hand to Felix Frankfurter to William Brennan, Byron White, Potter Stewart, Lewis F. Powell, and Sandra Day O’Connor, just to name a few.”

Posted in Uncategorized | Comments Off

LSU Law Center Chancellor Jack Weiss to Present at 22nd Annual Judge Alvin B. Rubin Symposium

LSU Law Center Chancellor Jack Weiss will present a lecture on “Alvin B. Rubin and the Good Judge Ideal” at the 22nd Annual Judge Alvin B. Rubin Symposium sponsored by the Federal Bar Association, New Orleans chapter, on Thursday, April 17. The lecture will take place at 2:00 p.m. in the Ceremonial Courtroom at the Eastern District of Louisiana. The symposium is an annual discussion on aspects of federal law or federal practice held as a living memorial to Judge Alvin B. Rubin’s contribution to federal jurisprudence and legal scholarship.

Chancellor Weiss will discuss several respects in which Judge Rubin embodied the qualities of a “good judge.” He will explain how “good judges” provide a structured and demanding framework within which lawyers may excel. Chancellor Weiss also will discuss Judge Rubin’s approach to constitutional judging and will relate that approach to current debates over interpretation of the U.S. Constitution.

“As a young law clerk and later as a practicing lawyer, I had the privilege of knowing Judge Rubin and of observing first hand his extraordinary qualities as a judge and as a human being,” said Weiss. “Judge Rubin was the very first Distinguished Alumnus whom LSU Law recognized for truly rare achievement in the law. He left his mark as one of the greatest Louisiana judges of all time. I’m extremely honored to participate in this annual program recognizing one of the noblest Tigers of them all.”

Judge Rubin was born in Alexandria, Louisiana in 1920, and received a B.S. from Louisiana State University in 1941. He started at Louisiana State University Law School in 1940. When World War II broke out, he enlisted in the U.S. Army, was assigned to General Patton’s “Big Red 1,” and served in the European Theatre of Operations in England, France, Belgium, and Germany, rising to the rank of Captain and serving as an Assistant Judge Advocate. After the war ended he returned to Baton Rouge for law school in an accelerated post-war program for returning war veterans. He graduated first in his law school class in 1942 and was Editor-in-Chief of the Louisiana Law Review.

After his graduation, he began practicing law in Baton Rouge with J.Y. Sanders and Ben Miller Sr., and after several years the firm of Sanders, Miller, Downing, Rubin and Kean was formed. Judge Rubin specialized in tax law, corporate transactions, and trust and estates law. He also was an arbitrator and mediator. Beginning in 1942, Judge Rubin taught a variety of subjects continuously at the LSU Law Center until 1989.

In 1963, Judge Rubin and Dean Henry George McMahon co-authored Louisiana Pleadings and Judicial Forms Annotated. For over 20 years, Judge Rubin continued the annual updates for this vital resource used by Louisiana attorneys. Before 1960, Louisiana civil law prohibited the establishment of Trusts. Judge Rubin was instrumental in the creation of a Trust Code for Louisiana, which was adopted by the Louisiana Legislature in 1960. In 1966 he and his wife, Janice, co-authored the Louisiana Trust Handbook, and later, he wrote Louisiana Wills and Trust: A Drafting System (with Professor Gerald LeVan).

Judge Rubin practiced law until 1966 when President Johnson nominated him to a new seat on the United States District Court for the Eastern District of Louisiana. He served at an important time in the Court’s history, hearing many of the desegregation and civil rights cases in the 1960’s. After eleven years as a judge on the federal district court, Judge Rubin was nominated in 1977, by President Jimmy Carter to fill a seat on the United States Court of Appeals for the Fifth Circuit vacated by John Minor Wisdom. Judge Rubin assumed senior status on July 1, 1989, and served in that capacity until his death in 1991 in Baton Rouge.

Posted in Faculty, Student, Uncategorized | Comments Off

LSU Law Center to Host U.S. Army War College, April 23

14 Eisenhower War College flier (2)The LSU Law Center will host the U.S. Army War College Eisenhower Series College Program on Wednesday, April 23, 2014 at 3:30 p.m. in the McKernan Auditorium at the Law Center. This is the fourth year the Law Center has hosted the U.S. Army War College on its campus. The event is free and open to the public.

The U. S. Army War College, located in Carlisle Barracks, Pennsylvania, represents the highest level of education offered by the military services, according to program literature. The Eisenhower Series College Program is designed to encourage dialogue on national security and other public policy issues between students of the Army’s senior educational institution and the public at colleges and universities throughout the United States.

Topics to be discussed include:

• Cyber Security-Whose Responsibility Is It?
• Targeting Terrorists after Afghanistan
• U.S. Asia-Pacific Strategy
• Energy Security: What is DoD Pursuing and Why
• Sexual Assault and the Military

Date: Wednesday, April 23, 2014

Time: 3:30 p.m.

Location: LSU Law Center, 1 East Campus Drive (corner of East Campus Drive and Dalrymple)
McKernan Auditorium
Paid parking is available in LSU Union Square Garage, located at the corner of East Campus Drive and Raphael Semmes.

Questions: 225-578-8645

Posted in Student, Uncategorized | Comments Off

Louisiana Bar Foundation Honors Professor William Corbett and LSU Law Alum Frank Neuner, Jr. (’76)

The Louisiana Bar Foundation honored Professor William Corbett as Distinguished Professor and Frank Neuner, Jr. (’76) as Distinguished Attorney at the 28th Annual Fellows Gala on April 11, 2014. The gala was held at the Hyatt Regency New Orleans.

Recognition is given to those individuals who, by reason of his or her professional activities, have distinguished themselves in their chosen profession and have brought credit and honor to the legal profession.
Professor William Corbett is the Frank L. Maraist and Wex S. Malone Professor of Law at the LSU Law Center. He has been a faculty member at LSU Law since 1991, and teaches and writes primarily in the areas of labor and employment law and torts. Professor Corbett served as Vice Chancellor for Academic Affairs at the Law Center from 1997 through 1999. He has served as the executive director of the Louisiana Association of Defense Counsel since 2001 and served as executive director of the Louisiana Judicial College from 1998 through 2000. Professor Corbett earned his B.A. from Auburn University and his law degree from the University of Alabama School of Law, where he was editor in chief of the Alabama Law Review and a member of the Order of the Coif. Before coming to the LSU Law Center, he practiced labor and employment law in Birmingham, Alabama with Burr & Forman.

Frank Neuner, Jr. is a founder and the managing partner of NeunerPate, a corporate defense firm based in Lafayette. He received a Juris Doctor in 1976 from LSU Law and in 2008, was named the LSU Law Center’s Distinguished Alumnus of the Year. He has served as President of the Louisiana State Bar Association, Chair of the Louisiana Public Defender Board and President of the Louisiana Client Assistance Foundation. He is a member of Louisiana, Texas and American Bar Associations, the Louisiana Association of Defense Counsel, the Defense Research Institute, the Maritime Law Association of the United States and the Federation of Defense and Corporate Counsel. He is also a Fellow of the International Society of Barristers and serves as the ABA State Delegate for Louisiana. Mr. Neuner is a long-time member of the LSU Law Center’s Chancellor’s Council and the Law Center’s Board of Trustees.

Posted in Alumni, Faculty, Uncategorized | Comments Off

Symposium Opens Students’ Eyes to Careers in Energy Law

The LSU Laborde Energy Law Center and the Institute for Energy Law (IEL) co-hosted the 2014 Hartrick Symposium, “Career Paths for Young Attorneys in the Energy Sector,” on April 4 and 5 at the Law Center. Students from across the country attended the event. The Hartrick Symposium is an annual program of the IEL and the Center for American and International Law, a nonprofit institution dedicated to the continuing education of lawyers, prospective lawyers and law enforcement officials in the United States and throughout the world.

“The Hartrick Symposium was a great success,” said Professor Keith Hall, co-chair of the symposium. “Nearly 100 students from 17 different law schools attended. They heard top-flight energy law attorneys from five states discuss the great variety of career paths available to individuals who practice energy law, including career paths in litigation, transactional work, international work, and in regulatory and compliance work. The speakers included attorneys from government, law firms, and corporations. They did a great job and we have received very favorable feedback from the students. One student told me that the speakers really opened her eyes to the great variety of work available in energy law. I could not be happier with how things went,” added Hall.

A welcome reception was held Friday, April 4, during which Marc Dupuy, Jr., of Dupuy Land Company and Dupuy & Didier Law Firm, received the Louisiana Mineral Law Institute’s first annual Distinguished Service in Energy Law award.

Posted in Energy Law, Student | Comments Off

Spring 2014

LSU Law Visiting Professor Paul Finkelman was recently interviewed by National Public Radio regarding Schuette v. Coalition to Defend Affirmative Action.

Professor Jeffrey Brooks was recently quoted in the Baton Rouge Business Report article, “Do Not Delete.”

Professor William Corbett will be honored by the Louisiana Bar Foundation as the 2013 Distinguished Professor at their annual gala on April 11. Recognition is given to those individuals who, by reason of his or her professional activities, have distinguished themselves in their chosen profession and have brought credit and honor to the legal profession.

On April 15, Professor Philip Hackney will present at the 15th Annual Nonprofit Law Conference 2014 of Massachusetts Continuing Legal Education on “Medical Marijuana Dispensaries: Tax-Exempt or Not.”

On April 4, Professor Hackney presented his paper Should the IRS never “Target” taxpayers? An Examination of the IRS Tea Party Affair at Money in Politics: The Good, The Bad, and The Ugly, a law review symposium at Valparaiso Law.

Professor Hackney’s essay, “A Response to Professor Leff’s Tax Planning “Olive Branch” for Marijuana Dealers”, has been published in the Iowa Law Review Bulletin.

On March 21, Professor Hackney presented his paper, Business Leagues, the Collective Action (Non) Problem and Tax Exemption at the Tulane Tax Roundtable.  He was a discussant for the paper, Taxing Human Equity, by Tulane Professor Shu-Yi Oei.

Professor Hackney has been invited to serve on Independent Sector’s 2014 Ethics and Accountability Advisory Committee.  This committee will provide guidance and direction on Independent Sector’s ethics and accountability portfolio, which supports and promotes the highest standards of governance, transparency and accountability in the nonprofit and philanthropic community.  Independent Sector is the leadership network for nonprofits, foundation and corporate giving programs committed to advancing the common good in America and around the world.

Teaching Fellow and Assistant Professor of Professional Practice Katherine Macfarlane’s article “Analyzing the SDNY’s Amended Related Case Rule” will appear this summer in the NYU Annual Survey of American Law.

Professor Kenneth Mayeaux’s op-ed, Immigration Detainees are in Legal Limbo, was recently published in the Times-Picayune.

 

Posted in Scholarship & Service | Comments Off

Robert B. Barnett, “Attorney to the Nation’s Most Influential People,” to Deliver 2014 LSU Law Commencement Address

Robert Barnett, 2014 LSU Law Commencement Speaker

Robert B. Barnett, 2014 LSU Law Commencement Speaker

Robert B. Barnett, the noted Washington, D.C. attorney who has represented Presidents Barack Obama, Bill Clinton, and George W. Bush, along with a host of other government officials and media and television celebrities, will deliver the 2014 LSU Law Commencement address scheduled for Friday, May 30 at the LSU Pete Maravich Assembly Center, according to LSU Law Chancellor Jack M. Weiss.

Considered by many as “the attorney to the nation’s most influential people,” Barnett has a diverse practice, representing individuals and national and international corporations on issues ranging from publishing and media relations to litigation, contracts and crisis management. In addition, Barnett has worked to prepare presidential and vice presidential candidates for televised debates in eight national presidential campaigns.

“Bob Barnett occupies a unique niche among the nation’s lawyers,” said Chancellor Weiss. “He is a trusted counselor to dozens of globally-known clients on their most sensitive matters. It’s a great honor to welcome Bob as our 2014 graduation speaker,” Weiss said.

A partner of the highly regarded Washington law firm of Williams & Connolly LLP, Barnett is one of the world’s premier representatives of authors and their written and published works. His clients include three of the nation’s Presidents, Hillary Rodham Clinton, former Prime Minister Tony Blair, The Prince of Wales, and many others, including journalists, novelists, business leaders, sports stars, and politicians. He is also one of the leading representatives of television news correspondents and producers, anchors in many major television markets, and producers of virtually every major broadcast on network and cable television. Barnett is also known for his work with former government officials as they transition to the private sector. In addition to former Presidents and Cabinet members, many former Senators and Congressmen are on his client list.

A 2010 profile in the Washington Post said that Barnett’s “specialty is the birth, life and death of Washington careers — then he works on the afterlife….He ushers the powerful to Washington, tries to make their lives fruitful while they’re here, then helps them launch second acts elsewhere.”

Among the corporations that Barnett represents are McDonald’s, General Electric, Comcast, Newsweek/Daily Beast, JM Family Enterprises, and Sunbeam. During his thirty years of practice, Barnett has represented clients before almost every executive department and administrative agency in Washington, DC. Barnett also specializes in negotiating executive compensation agreements for senior officers at such companies as AT&T, The Carlyle Group, Fannie Mae, McDonald’s Corporation, the Recording Industry Association of America, the Air Transport Association, the Motion Picture Association of America, and Deutsche Bank. He also represents several university presidents, deans, and professors.

Barnett was ranked Number One on Washingtonian magazine’s list of “Washington’s Best Lawyers” and as one of “The 100 Most Influential Lawyers in America” by The National Law Journal. He was also named one of the one hundred most powerful people in the entertainment industry by Entertainment Weekly Magazine.

Barnett joined Williams & Connolly LLP in 1975 and has been a partner since 1978. He is a member of the firm’s Executive Committee. He was a presidentially appointed member of the Board of Trustees of the John F. Kennedy Center for the Performing Arts from 1994 to 2004 and currently serves as Senior Counsel. Mr. Barnett served as a Law Clerk to Judge John Minor Wisdom of the United State Court of Appeals for the Fifth Circuit from 1971 to 1972. He was a United States Supreme Court Clerk to Justice Byron R. White from 1972 to 1973 and was a Legislative Assistant to United States Senator Walter F. Mondale from 1973 to 1975.

In 1971, Mr. Barnett received his J.D., cum laude, from the University of Chicago Law School. He graduated with honors from the University of Wisconsin in 1968. He is married to Rita Braver, the longtime correspondent with CBS News.

The LSU Law Center’s commencement ceremonies will take place on Friday, May 30, at 9:30 a.m. in the Pete Maravich Assembly Center on the LSU campus. For more information, contact Karen Soniat at 225-578-8645 or karen.soniat@law.lsu.edu.

Posted in Alumni, Faculty, Student | Comments Off

French Influences on the Civil Law in English to be the topic for the Tucker Lecture, April 10

The Center for Civil Law Studies (CCLS) of the LSU Paul M. Hebert Law Center will present the 37th John H. Tucker, Jr. Lecture in Civil Law on Thursday, April 10 at 6:00 p.m. in the McKernan Auditorium at the LSU Law Center. Judge Nicholas Kasirer of the Court of Appeal of Quebec will present, “That Montreal Sound: The Influence of French Legal Ideas and the French Language on the Civil Law Expressed in English.” Drawing on insights taken from scholarship in comparative law, legal bilingualism and translation studies, the speaker seeks to evaluate the variable character of the phenomenon on the Civil Law in English within the French legal tradition.

A reception will follow the lecture. To register, please email ccls@law.lsu.edu or call 225-578-7831.

Nicholas Kasirer is a graduate of University College (B.A. (hons)) at the University of Toronto, McGill University (Bachelor of Civil Law and Bachelor of Laws) and the Université de Paris I (Panthéon-Sorbonne) (D.E.A. 3e cycle). A member of the Bar of Québec since 1987, he was appointed to the Court of Appeal on July 29, 2009.

Judge Kasirer began his career as a law clerk to Justice Jean Beetz of the Supreme Court of Canada. In 1989, he joined the Faculty of Law at McGill University and was appointed the James McGill Professor of Law in 2002. In 2003, Nicholas Kasirer was appointed Dean of the Faculty of Law at McGill and served in that position until his appointment to the bench in 2009.

Over the course of his career, he was awarded several prizes including the Prix de la Fondation du Barreau, the Hessel Yntema Prize of the American Society of Comparative Law, the David Johnston Medal from McGill University and the John W. Durnford Teaching Prize from its Faculty of Law. He was elected a Titular Member of the International Academy of Comparative Law in 2006 and received an honorary doctorate from the University of Sherbrooke in 2012. Justice Kasirer is a Fellow of the Royal Society of Canada.

The LSU Law Center’s Tucker Lecture Series is held each year in honor of Colonel John H. Tucker, Jr., a notable legal scholar and philanthropist. Professor Olivier Moréteau, Director of the Center of Civil Law Studies and Russell B. Long Eminent Scholars Academic Chair, guides the series. The CCLS was established in 1965 to promote the study of the civil law system – its history, structure, and principles. The mission is to facilitate a better understanding of civil law jurisdictions in Louisiana and continental Europe and Latin America. The CCLS also promotes legal education by sponsoring foreign students who wish to avail themselves of the opportunity to study a mixed legal system and American students who wish to expose themselves to other legal systems.

The 37th John H. Tucker, Jr. Lecture in Civil Law will be the keynote of a two-day international conference organized by the CCLS on April 10-11, discussing, in English and in French, The Louisiana Civil Code Translation Project: Enhancing Visibility and Promoting the Civil Law in English. This event, sponsored by the Partner University Fund, will attract world specialists of jurilinguistics. The Tucker Lecture and the conference papers will be published in the Journal of Civil law Studies.

Posted in Faculty | Comments Off

Summer Access to Bloomberg Law, Lexis Advance & Westlaw

Bloomberg Law – returning students have unlimited summer access to Bloomberg Law for academic OR work purposes and graduating students have unlimited access to Bloomberg Law for 6 months after graduation. To register for a Bloomberg Law account go to http://about.bloomberglaw.com/lawschools/overview/  (you do not need an activation code to sign up)

Lexis Advance – returning students have unlimited summer access to Lexis Advance for academic OR work purposes and graduating students have unlimited access until August 1, 2014. Graduating students can extend their access even further beyond graduation; go to www.lexisnexis.com/grad-access for more information.

Westlaw- returning students must extend their passwords for summer use and can only use Westlaw for academic purposes during the summer. Graduating students’ passwords expire 6 months after graduation. Go to http://lawschool.westlaw.com/shared/marketinfodisplay.asp?code=MI&id=322 for more information.

 

Posted in Library | Comments Off

LSU Law Student Awarded McGlinchey Stafford 2014 1L Diversity Fellowship

McGlinchey Stafford has awarded LSU Law student Mahogane D. Reed the 2014 1L Diversity Fellowship award, an honor given each year to a first year law student. Reed was chosen for the award because of her high academic honors and her dedication to the law. She is a member of the Black Law Student Association, the Public Interest Law Society, and has worked as a legal advocate with the Iris Domestic Violence Center.

A native of Austin, Texas, Reed is a graduate of LSU A&M where she majored in Political Science. While in college, Reed was on the Dean’s list, named a National Black Scholar and was a member of the National Society of Collegiate Scholars.

The 2014 Diversity Fellowship includes a six week paid summer associate position in the firm’s Baton Rouge office, a $5,000 scholarship and formal mentoring by McGlinchey Stafford attorneys throughout the recipient’s law school career. As the 2014 Diversity Fellow, Reed will also participate in the Leadership Council on Legal Diversity (LCLD) Scholars Retreat which brings together diverse law students from around the country to learn about interview skills, transitioning from law school into practice, and the state of diversity in the legal profession. The program also focuses on the value of networking, building relationships and interacting with general counsel and managing partners of the LCLD member organizations nationwide.

Posted in Student | Comments Off