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Professor Ferrand delivering the Tucker LectureOn February 6, 2024, Professor Frédérique Ferrand, Professor at University Jean Moulin Lyon 3, Director of the Edouard Lambert Institute of Comparative Law, and Honorary Professor at the University of Augsburg, Germany, presented on Evolutions in European Family Law: Towards a Common Core, at the LSU Law Center. This was the 43rd John H. Tucker, Jr. Lecture in Civil Law, organized by the Center of Civil Law Studies of the Louisiana State University Paul M. Hebert Law Center.

Dean Alena Allen opened the event, reminding the audience of Colonel Tucker’s influence on the evolution of the Civil Law of Louisiana. Professor Olivier Moréteau introduced the speaker, pointing to her vast scholarship in comparative civil procedure and family law, and her prominent role in worldwide harmonization of civil procedure and European harmonization of family Law.

In a well-structured and splendidly delivered lecture, Professor Ferrand presented on the current trends in European family law, including recent cooperation on family matters within the European Union and the emerging trend of harmonizing national European family laws on matters like jurisdiction and choice-of-law for divorce, while continuing different national approaches to certain sensitive issues.

One issue that the European countries continues to take separate approaches on is surrogacy and the rules on the transfer of parenthood. Because each individual member state has its own rules on family law matters, the European Union has a limited role when it comes to such matters.

A lively discussion followed, with questions from scholars and from the many family law students who attended the Lecture. Students tried to better grasp the reasons why leading European jurisdictions oppose surrogacy, considering it contrary to public policy, while showing great tolerance towards same-sex unions and pluralistic models of family arrangements.

Click here to view the recording of the 43rd Tucker Lecture.

Professors and students after the Tucker Lecture

From left to right, Prof. Etienne Viator, Prof. Frédérique Ferrand, Drake Brignac, Prof. Olivier Moréteau, Prof. Adam Fuglinszky, Charline Perez, Lou Boursault, Domitille Braule, Prof. Nikolaos Davrados

Dean Alena Allen opens the Tucker Lecture Professors Moreteau and Ferrand listening to Dean Allen's introductory speech Professor Ferrand smiling during Professor Moreteau's introduction Professor Ferrand answering to questions The Tucker Lecture audience, captivated by Prof. Ferrand's remarks.

With Professor Agustín Parise and the late Jacques Vanderlinden, Professor Olivier Moréteau contributed the final chapter of A Companion to Western Legal Traditions, featuring the contemporary period (1900-present):

A Companion to Western Legal Traditions

From Antiquity to the Twentieth Century

Series:

Cover of the A Companion to Western Legal Traditions book

Legal History Library, Volume: 65

Volume Editors: Aniceto Masferrer, C.H. van Rhee, Seán Donlan, and Cornelis Heesters

This volume offers an extensive introduction to Western legal traditions from antiquity to the twentieth century. Drawing from a variety of scholarly writings, both in English and in translation, thirteen leading scholars present the current state of western legal history research and pave the way for new debates and future study. This is the ideal sourcebook for graduate students, as it enables them to approach the key questions of the field in an accessible way.

First page of the last chapter, Contemporary Period (1900-Present)

Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.

Copyright Year: 2024

Publication: 28 Dec 2023

The Center of Civil Law Studies of the LSU Law Center presents the

43rd John H. Tucker, jr. Lecture in Civil Law

Evolutions in European Family Law: Towards a Common Core

Given by Professor Frédérique Ferrand

University Jean Moulin – Lyon 3 – France,

University of Augsburg – Germany

Tuesday, February 6, 2024 at 12:40 p.m.

Louisiana State University, Law Center

McKernan Auditorium, W200

Reception to follow in the Entrance Hall

THE SPEAKER

FrédériPhoto of Professor Frederique Ferrandque Ferrand is a full professor in the Faculty of Law at the Université Jean Moulin Lyon 3, France, where she has been teaching German law, European, Comparative and French civil procedure and enforcement law since 1990. She is the Director of the Institute of Comparative Law Édouard Lambert (IDCEL) which celebrated its 100th anniversary in 2021. She has been Honorarprofessorin at the University of Augsburg, Germany, since 2001 where she teaches French family law, contract law, and tort law.

Professor Ferrand’s area of research are European, comparative, and French civil procedure and enforcement law as well as comparative family law. She is a founding member of the Commission on European Family Law (CEFL), which was established in 2001, and she is one of the seven members of its Organising Committee. The CEFL is a fully independent entity whose main goal is to launch pioneering work on the harmonization of family law in Europe through the drafting of European Principles of Family Law in several fields.

She has been a Visiting Professor at several universities, including Athens, Augsburg, Beijing, Humboldt (Berlin), Freiburg im Breisgau, Hamburg, Helsinki, Munich, Münster, Tokyo, and Turin.

She is a Titular Member of the International Academy of Comparative law and of the Société de Législation Comparée. She has participated in several international and European research programs (CEFL, ELI, UNIDROIT) and is a member of the editorial board or committee of several German and international law journals. She is the author of numerous publications.

THE LECTURE

“European family law” includes the national family laws of European States and designates the uniform family law provisions enacted by the European Union in the context of cross-border situations. Moreover, this area of the law is significantly influenced by the jurisprudence of the European Court of Human Rights, which has triggered significant family law reforms in numerous member states of the Council of Europe. For a long time, it was mainly assumed that family law was so deeply rooted in national cultures and traditions that it would be impossible, first, to observe clear common tendencies between different jurisdictions, and second, to strive for and to reach a certain degree of harmonization. Is this still the case? Or can common tendencies be acknowledged in the family laws of the various European jurisdictions?

This lecture will present the current trends in European family law from two angles. First, with regard to the judicial cooperation in family matters within the European Union, its achievements and new projects. Second, from the main trends in the convergence of national European family laws in various fields such as divorce, as well as the continuing different approaches to certain sensitive issues.

Image of Book cover of the Research Handbook on JurislinguisticsProfessors Olivier Moréteau (LSU Law) and Mariano Vitetta (Austral University, Buenos Aires) just published a book chapter titled Translating the Civil Code of Louisiana into French and Spanish: A Jurilinguistic Exercise. The text is published in the Research Handbook on Jurilinguistics (Anne Wagner and Aleksandra Matulewska eds., Edward Elgar, 2023).

Mariano Vitetta, LL.M. LSU 2020, a former Research Associate of the LSU Center of Civil Law Studies, has completed the Spanish translation of the Code, partly published on the Louisiana Civil Code Online database and in the Journal of Civil Law Studies. The French translation is available online and in print.

The CCLS and International Law Society present a conversation with Dan Stigall, alumnus of LSU, DOJ attorney (National Security Division). He will discuss current issues in national security and national security careers, Friday, October 20, at 12:40 PM, Room 212.

After wrapping up a virtual presentation to a group of LLM students at LSU Law about internship and career opportunities with Air France, Lionel Bros—who earned his LLM at the Paul M. Hebert Law Center in 1997 and serves as general counsel for the global airline—was asked by a student to talk a little bit about how his Master of Laws degree from LSU Law has benefitted his career.Photo of Lionel Bros taken at LSU Law in 2022

“It has really provided me with a lot of leverage in my career for a number of reasons,” Bros responded. “Firstly, I was not a native English speaker, so it was very valuable for me to get first-hand experience with the language. Having the opportunity to study a mix of civil and common law was also very important, because most international transactions fall under common law jurisdiction and if you don’t have experience studying it as a law student it can be very difficult to do international law.”

As valuable as the legal education he received at LSU Law was for launching and advancing his career, Bros said the time he spent at the Paul M. Hebert Law Center was equally important in his personal development.

“Studying internationally gives you invaluable opportunities to experience life in another country and interact with people from many different cultures,” he said. “And it also requires you to be far away from your family, likely for the first time in your life, which really opens up the world to you in a way that is important for your personal and professional development.”

Bros earned his law degree at Aix-Marseille University in Lyon, France, which has been the host university of the LSU Law Summer in France program for decades. After earning his LLM from LSU Law in 1997, Bros launched his career in the Paris offices of Linklaters, one of the oldest international business law firms in France. He would go on to work for LeBoeuf, Lamb, Greene & MacRae, Alstom Holdings, and Thales Defense Mission Systems before joining Air France in late 2019.

“I spent many years working in Amsterdam, Switzerland, and the U.S., with people from more than 50 countries who had different values, culture, and lifestyles,” Bros said. “My LLM and experience studying at LSU Law was good preparation for that kind of environment.”

Bros was also asked about the importance of soft skills in career advancement and professional development.

“With your LLM from LSU Law, you will be among the top of your peers in terms of your legal studies and preparedness,” he said. “So, that expertise will be key to your success, but after you get years and years into your career you will find that if you don’t have good soft skills, it will be very difficult for you to interact and work alongside people in a way that instills confidence or loyalty.”

Last year, Bros visited LSU Law in person to speak about internship opportunities with LLM students, as it was the first year that a new Air France internship was offered to an LLM student at the Paul M. Hebert Law Center through a tripartite agreement between LSU Law, Aix-Marseille University, and the airline.

“It’s wonderful to have you share your experience, and our students in the LLM program are so lucky to have this exposure,” Professor Olivier Moréteau, who serves as Assistant Dean for International Programs, told Bros at the conclusion of the students’ visit with him. “I just wish that I would have had opportunities like this when I was in law school.”

Lila Tahidousti, who earned her LLM from LSU Law in December 2021, was the first to land an internship through the tripartite agreement and she is currently working for Air France USA in New York. Sigrid Soetaert, a Norway native who is currently completing her LLM at LSU Law, has been selected for the next Air France internship through the  agreement.

Steve Sanoski 

Louisiana is the topic of an international conference organized in Lyon, March 20 and 21, 2023, by the Institut international pour la francophonie, University Jean Moulin. Click here to access the program. 

Dans le cadre du mois de la Francophonie, le Service Général des Relations Internationales de l’Université Jean Moulin Lyon 3 et l’Institut international pour la Francophonie vous invitent à célébrer la Francophonie les 20 et 21 mars 2023. Cette année, la Louisiane est à l’honneur !

Professor Olivier Moréteau will present on the Louisiana Civil Code, addressing its French substance, also showing how the French language shapes the civil law English terminology used in the current Civil Code and how French comes back via the Code recent translation, accessible here.

Professor Olivier Moréteau: Bonjour Noémie, thank you for visiting LSU Law where you joined us as an LL.M. candidate in 2018-2019, graduating in May 2019. Tell us what you have accomplished in the meantime.

Portrait photo of Noemie Le ColleterNoémie Le Colleter: After graduating, I took advantage of the academic training program under the J1 visa, which allows you to stay in the US for employment for up to 18 months. I was hired by a capital defense law firm in Baton Rouge. For a year and a half, I assisted attorneys with the litigation of death penalty cases in Louisiana trial courts, which is with no doubt the most impactful experience I’ve had so far.

After moving back to France, I took the New York bar exam and was admitted as an attorney in October 2021.

Wanting to finish my legal education in France, I pursued a Master’s degree in Human Rights at Université Grenoble Alpes with the intention of working for an international organization or NGO.

I had the chance to be selected for an internship with the United Nations Office on Drugs and Crime to work on combatting human trafficking and migrant smuggling issues, and after with the Organization for Security and Co-operation in Europe (OSCE) Office of the Special Representative and Coordinator for Combating Trafficking in Human Beings. I am hoping to continue working on human rights and criminal justice issues at the international level.

OM: Did the LL.M. help you in any of these great ventures?

NLC: I am convinced that the LL.M. and the doors it has opened for me after graduation played a big part in where I am now. As an LL.M. student, I had the opportunity to intern with the Public Defender’s office in Baton Rouge during my second semester, and to take several classes related to criminal law and criminal justice, including on capital punishment. Those were of a great help when I started working on capital cases. While I’m not practicing law at the moment, there are many skills I gained thanks to the LL.M. that prove useful every day from being able to analyze cases and pieces of legislation, and adapting to different legal systems, to skills like organization and handling a heavy workload.

OM: Is there a particular memory that you would like to share?

NLC: Prior to studying at LSU, I never visited the Southern United States. I cherish many memories from my time in Louisiana, from meeting new friends, exchanging with great Professors, and enjoying Louisiana food and culture. Mardi Gras is an experience not to be missed! But coming to the LL.M. program, I remember the trip to to New Orleans during Orientation, to visit the Supreme Court of Louisiana with Professor Moréteau. There, we were given a tour of the courthouse and the library, where I could hold in my hands the original edition of the French Code Civil, an experience I never had in France!

 

Noemie Le Colleter at the Louisiana Law Library in New Orleans, holding an original copy of the French Civil Code

OM: Do you have a message or advice to prospective candidates who may hesitate to apply?

NLC: The LL.M. at LSU is a small program compared to other law schools, which allows for students to bond relatively quickly. The sense of solidarity I developed with other LL.M. students made a great difference in my overall experience. The LL.M. program at LSU Law offers great opportunities that candidates may not think of. If you are interested in gaining experience in legal practice, you can combine classes with a part time internship or participate in one of the legal clinics offered. Just like me, you can also decide to stay after graduating for a substantial professional experience. The LL.M. prepares you really well for the New York Bar Exam while making room for classes you are really interested in. The agreement LSU has with Université Grenoble Alpes (my home university) helped tremendously and I am ever so grateful for the opportunity to study at LSU Law.

THE JUDGE ALLEN M. BABINEAUX INTERNATIONAL CIVIL LAW SYMPOSIUM

Fleur de lys

“Commemoration of the Tricentennial of New Orleans Being Named the Capital of the Louisiana Colony (1723-2023)”

On February 1, 2023 from noon to 5 pm, the Francophone Section of the Louisiana State Bar Association, will celebrate the Commemoration of the Tricentennial of New Orleans Being Named the Capital of the Louisiana Colony (1723-2023) at the Eason Weinmann Center for International and Comparative Law, Tulane Law School, 6329 Freret St., New Orleans, LA.

Featured topics and presenters will include:

  • Civil Codes: Ten Interesting Things You Probably Didn’t Know by Tulane Law Prof. Vernon Palmer
  • The Multiple Languages of the Louisiana Civil Codes: Connecting Past and Future by LSU Law Prof. Olivier Moreteau
  • Recent Developments Between Louisiana and the Francophone World By the Honorable Lieutenant Governor William “Billy” Nungesser
  • The History of the Capital of the La. Colony by Howard Margot, Archivist The New Orleans Historic Collection
  • Who was Bienville? By Jason Berry, investigative reporter, author of City of a Million Dreams: A History of New Orleans at Year 300, and documentary filmmaker.
  • The symposium will conclude with a panel discussion on mediations by Stacey Marcel and Maurice Hebert led by moderator Louis R. Koerner Jr.

To register or become a sponsor of the event, email Warren Perrin at perrin@plddo.com or call (337) 456-7729.

Sponsors for the event are: Canadian Consulate of Dallas, Eason Weinmann Center International and Comparative Law Tulane Law School, Perrin Landry deLaunay Law Firm; Acadian Museum; Louis Koerner Law Firm; Andrepont Printing; Parlons Café LLC/Edwin Fleischmann, PDG; Karsman, McKenzie & Hart; Broussard & David, LLC; and Gachassin Law Firm.

The Journal of Civil Law Studies, Volume 14 (2021-2022) is now online.

In a three-page Avant-Propos, the Editor-in-Chief explains:

Volume 14 of the Journal of Civil Law Studies is published one year behind schedule, proving the fragility and the resilience of the operation. Fragility, as it was hit by a series of events, such as the COVID pandemic that paralyzed many human ventures all over the world. Fragility, because human causes impacted the personal life of its major actors, such as the Editor-in-Chief’s unexpected long-time leave and the Managing-Editors moving to other places. Resilience, because editing continued thanks to devoted LL.M. graduates who answered the call and joined the Center of Civil Law Studies as Research Associates. Resilience, because the team did not give up and the venture is too successful to fail. Volume 14 of 2021 comes out as Volume 14 of 2021-2022. After Volume 15 of 2022-2023, the Journal will try to come back to two annual issues matching the calendar year.

Articles:

  • In Penalty Default Rules in Quebec Contract Law, Zackary Goldford brings a civil law voice to a U.S. conversation of default rules that thus far focused on economic analysis.
  • In Performatives in Argentine Supreme Court Dissents: A Jurilinguistic Proposal for Civilian Change Based on the American Common Law, Mariano Vitetta uses the U.S. experience to improve the publication of Argentine Supreme Court dissents.
  • David Marrani uses his experience as former dean of the Jersey Law Institute to enrich a philosophical discussion of legal education in micro jurisdictions.
  • Mariusz Fras connects business associations and civil liability in a comparative discussion of the doctrine of veil-piercing liability in Poland and Selected Countries.

Civil Law Translations:

  • The entire Book II of the Civil Code of Louisiana (Things and the Different Modifications of Ownership) is published in English and Spanish.
  • The Civil Code of the Democratic People’s Republic of Korea is published in Korean and in English with an Introductory Note by Joseph Cho, the translator.

Civil Law in the World features three national reports:

  • Codification of Civil Law in Azerbaijan: History, Current Situation and Development Perspectives, by Natig Khalilov
  • Natural and Artificial Neural Networks: The Chilean Legal Framework, by Carlos Amunátegui Perelló
  • The Constitutional Reshaping of South Africa’s Succession Laws, by François du Toit

Rediscovered Treasures of Louisiana Law publishes a letter by Colonel John H. Tucker, jr., on the 1969 Reprint of the de la Vergne Volume (Digest of 1808), with an introduction by Olivier Moréteau and Agustín Parise.

Three case notes by LSU Law graduates are published in the Civil Law in Louisiana feature, and two book reviews complete the volume.

Click here to access the Journal of Civil Law Studies.

Click here to access the CCLS December 2022 Newsletter.

The Journal of Civil Law Studies welcomes submissions for volume 15: email moreteau@lsu.edu.