Case Note Competition Winners Selected

Congratulations to the six members whose case notes were selected for publication in Volume 88.

• Ben Berman - Maintain a Seaman’s Protection, or Cure a Seaman’s Fraud? Weighing the Proper Balance Between Seamen and Employers in Boudreaux v. Transocean Deepwater, Inc.

• Jeffrey Gelpi - Pociask v. Moseley: The Louisiana Supreme Court Follows the Legislature's Lead and Gives Legal Fathers More Time to Disavow

• Miles Indest - Walking Dead: The Fifth Circuit Resurrects Rational Basis Review in St. Joseph Abbey v. Castille

• Jared Pessetto - In State v. Louisiana Land & Exploration Co., the Louisiana Supreme Court Retreats from Progress in Oilfield Contamination Litigation

• Jacob Whitt - Cell Phones as an Eye of the Government: In re Application of the United States for Historical Cell Site Data

• Bailey Wilson - United States v. Scruggs: The Fifth Circuit Creates a New Method to Determine What Constitutes a "More Serious" Charge

In Memory of Professor Harvey C. Couch

In memory of the late Professor Harvey C. Couch, the Board of Student Editors dedicates Issue 2 of Volume 88 to him for his forty-five years of service to Tulane University Law School and for his support of the Tulane Law Review as Faculty Advisor from 1975 to 1979.

Tributes to William K. Suter

Introduction by Tom Goldstein

SCOTUSblog was deeply honored to have the opportunity to prepare and publish with the Tulane Law Review* this collection of tributes to the Clerk of the Supreme Court, William K. Suter, on his retirement.  Clerk Suter was and remains a towering figure in the Court’s long history.  We commonly think of the great Chief Justices.  But it is often the Clerk of the Court who both ensures the institution’s smooth operation and personally represents the Court in important functions.

I also have a deep personal fondness for Clerk Suter.  He presided over the sessions for each of my oral arguments at the Court, amounting in essence to my entire legal career to this point. Before each argument session, the Clerk meets with the advocates to explain the process and answer any questions. Like all the members of the Bar, I will miss terribly those sessions and the opportunity to talk with him about goings-on at the Court.  Each of us sends him our deep thanks and best wishes.

A Salute to the General: William K. Suter, Chief Justice John G. Roberts, Jr.

Tribute to William K. Suter, Solicitor General Donald B. Verrilli

Tribute to William K. Suter, Theodore B. Olson

Tribute to William K. Suter, General Hugh Overholt

Bill Suter: General, Ambassador, Tulanian, Dean David D. Meyer

Tribute to William K. Suter, President Dennis A. Ahlburg

Bill Suter and the Court's Press Corps, Lyle Denniston

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*These tributes were originally published on SCOTUSblog in July 2013 and are reproduced here with minor alterations to form.

Announcing Volume 88 Junior Members

Zachary D. Banks

Ben Berman

Katherine V. Burke

Chloe M. Chetta

Jeffrey Gelpi

Robert J. Giglio

James H. Gilbert

Maximilian T. Hass

Zane E. Hilton

Miles O. Indest

Lindsey M. Jaquillard

Jeffrey D. Karas

Justine A. Keel

Alyssa J. Leary

Andrea J. Longworth

Meghan Marchetti

Elizabeth B. McIntosh

Kyle K. Oxford

Alden N. Paras

Jared Pessetto

Austin N. Priddy

Talbot M. Quinn

Tegan Rymer

Elan Silver

Spencer C. Sinclair

Alston L. Walker

Lance W. Waters

Jacob T. Whitt

Leon H. Whitten

Bailey C. Wilson

Kristen L. Wilson

Special Thanks to Our Banquet Sponsors

The Law Review is grateful to those who contributed to the annual banquet held on April 18, 2013.

The 2013 Tulane Law Review Annual Banquet is Proudly Sponsored by:

Patrons

Flanagan Partners L.L.P.

Jones Walker

Krebs Farley & Pelleteri P.L.L.C.

Liskow & Lewis

Lugenbuhl, Wheaton, Peck, Rankin & Hubbard

Slattery, Marino & Roberts

Stone Pigman Walther Wittmann L.L.C.

Susman Godfrey L.L.P.

Warren Burns

Benefactors

Fishman Haygood Phelps Walmsley Willis & Swanson L.L.P.

Gordon Arata McCollam Duplantis & Eagan L.L.C.

Phelps Dunbar L.L.P.

Stanley, Reuter, Ross, Thornton & Alford, L.L.C.

 Sponsors

Adams and Reese L.L.P.

Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C.

Veron, Bice, Palermo & Wilson L.L.C.

2012-13 Tulane Law Review Award Recipients

Sarah Schindler, Kara McQueen-Borden, Annalisa Cravens, Kathryn Munson, Paul Stevens, Jr., Chris Hilton, and Andrew Kingsley received awards at the Tulane Law Review's annual banquet on April 18, 2013.

John Minor Wisdom Award for Academic Excellence in Legal Scholarship

Awarded to the author of the best lead article in the current volume.

[sc:sc]Sarah B. Schindler[sc:/sc]

Robert E. Friedman Law Review Award

Established in honor of Robert E. Friedman, a 1935 graduate of Tulane Law School and Editor in Chief of the Tulane Law Review in 1934-35. He was a member of Phi Beta Kappa and Order of the Coif. He was a Navy veteran of World War II and was a former member of the U.S. Department of the Interior. He retired as head of the legal department of Mobil Oil of California. It is awarded annually on the nomination of a committee to the student submitting the best comment appearing in the current volume of the Tulane Law Review.

[sc:sc]Kara K. McQueen-Borden[sc:/sc]

Gertler Law Review Award

This award was established by Judge David Gertler (graduate of Tulane Law School). It is offered annually on the nomination of a faculty committee to the first-year member of the student Board of Editors of the Tulane Law Review who published the best case note in the current volume.

[sc:sc]Annalisa L. Cravens[sc:/sc]

Charles Janvier II Award

Awarded to the junior and senior members of the Review who have made the most significant contributions to production excellence.

[sc:sc]Kara K. McQueen-Borden[sc:/sc]

[sc:sc]Kathryn W. Munson[sc:/sc]

Class of 2000 Law Review Award

To be awarded to that senior member of the Board of Student Editors of the Tulane Law Review who in the judgment of their fellow members has most effectively contributed to the success of the year’s publication program and whose writing has most significantly improved in professional quality.

[sc:sc]Christopher D. Hilton[sc:/sc]

Conrad Meyer III Law Review Award

The Conrad Meyer III Law Review Award is presented in honor of Conrad Meyer III (who served with distinction as Chairman of the Advisory Board for twelve years) at the Banquet each year to the member who has consistently exhibited outstanding leadership skills and dedication.

[sc:sc]Paul S. Stevens, Jr.[sc:/sc]

Class of 2000 Academic Leadership Award

The Academic Leadership Award is given at the Banquet each year to the outgoing Editor in Chief, in appreciation for their work in leading the Review for the year.

[sc:sc]Andrew Burke Kingsley[sc:/sc]

Author Weighs in on Medical Credit Card Abuse

An author exploring the role of doctors as money lenders to their patients in an article published in Volume 84 again weighed in on a similar issue (that is, medical credit cards) in a recent Fox Business article. Fox Business discussed the potential risks of seeking a credit card that is exclusively for medical and dental costs, including higher interest rates than those of traditional credit cards, in Medical Credit Cards: Treatment Today, Payment Headaches Tomorrow, published on March 25, 2013.

In the article, Jim Hawkins, a professor at the University of Houston Law Center, explained that medical credit cards are not covered by the Truth in Lending Act, unlike other credit cards, meaning that medical providers are not required to disclose why they chose a particular financial institution in offering medical credit cards.

The article then cites Hawkins' work in the Review to explain that without proper oversight, patients may mistakenly believe they are taking a loan directly from the doctor instead of a third-party financial institution.

Hawkins' article, Doctors as Bankers: Evidence From Fertility Markets, explored the potential of abuse of the doctor-patient relationship when doctors discuss financing options to cover medical costs with the patient, particularly where such practice is not currently subject to regulation.[1. Jim Hawkins, Doctors as Bankers: Evidence From Fertility Markets, 84 [sc:sc]Tul. L. Rev.[sc:/sc] 841 (2010).]

As Hawkins elaborated in both his article and for Fox Business, this potential for abuse is compounded when the doctor does not make clear who will provide the credit: the doctor directly or a third party.[2. Id.]

Tulane Faculty Member and Former Review Advisor Honored in Paris

Tulane law faculty member Vernon Palmer, as a former advisor of the Review, will be awarded an honorary doctorate from the Université Paris-Dauphine in Paris, France. The honor is known as the Honoris Causa and is one of the most prestigious the university can bestow, requiring approval from the French Foreign Affairs Ministry.

Professor Palmer has devoted his career to the study of civil and comparative law and teaches courses at Tulane in comparative law, obligations, European legal systems, products liability, and sales and leases in addition to serving as director of Tulane's Institute of European Legal Studies in Paris. This honor is not the first bestowed upon him in recognition of his contributions to the legal community of France; Professor Palmer was also knighted as a chevalier in the French Legion of Honor in 2006.

According to the law school. Professor Palmer will receive the honor in recognition of his contributions throughout the world to the field of comparative law. The Review would like to congratulate Prof. Palmer on this honor.

Symposium Article Selected to Appear in Intellectual Property Law Review

An article published in volume 86 of the Tulane Law Review discussing the tension between trademark protections and licensing of the intellectual property of sports teams has been selected for publication in the annual Intellectual Property Law Review. In selecting From Dallas Cap to American Needleand Beyond: Antitrust Law's Limited Capacity to Stitch Consumer Harm from Professional Sports Club Trademark Monopolies by Professor Matthew J. Mitten, the Intellectual Property Law Review's Editor Karen B. Tripp noted that the article represented "one of the best law review articles related to intellectual property law published within the last year."

Professor Mitten wrote the article for the Review's symposium issue on sports and antitrust law issues. Specifically, Professor Mitten examined the United States Supreme Court decision of American Needle, Inc. v. NFL, and its impact on "increasing legal protection for sports team trademarks" and "collective exclusive licensing of professional sports team trademarks."[1. Matthew J. Mitten, From Dallas Cap to American Needle and Beyond: Antitrust Law's Limited Capacity to Stitch Consumer Harm from Professional Sports Club Trademark Monopolies, 86 Tul. L. Rev. 901 (2012).]

Ultimately, Professor Mitten concluded that extending trademark protection amounted to consumer harm, requiring "the collective granting of exclusive product category licenses . . . be invalidated under the quick-look rule of reason because this restraint has clear anticompetitive effects that are not necessary to achieve legitimate procompetitive justifications and/or which may be achieved by a substantially less restrictive alternative."[2. Id.]

The reprinting of Professor Mitten's Article will appear in the 2013 edition of the Intellectual Property Law Review. The full text is also available online via Westlaw, LexisNexis, and HeinOnline (links are available here.)

Article Published in the Review Selected for Professional Responsibility Award

An article published in Volume 86 of the Tulane Law Review analyzing the “boundary claim,” or the idea that lawyers must represent clients zealously but within the bounds of the law, was selected as the winner of the third annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility. The Boundary Claim's Caveat: Lawyers and Confidentiality Exceptionalism, by University of Denver Professor Rebecca Aviel, centers on the asserted caveat to the "boundary claim": the legal profession's unwillingness to comply with the law if such compliance would result in a disclosure of client confidences. [1. Rebecca Aviel, The Boundary Claim's Caveat: Lawyers and Confidentiality Exceptionalism, 86 Tul. L. Rev. 1055 (2012 ).] The Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility is a peer-reviewed competition, and the prize will be awarded at the 2013 annual meeting of the Association of American Law Schools.