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A Law Library of Louisiana FREE CLE
Reflections on Buck v. Bell: What Have We Learned?
A Panel Discussion by
Dr. Derek Warden, Dane S. Ciolino, and Clare S. Roubion
Monday, September 19, 2022 11:30 a.m. – 12:30 p.m.
In-person at the Louisiana Supreme Court
400 Royal Street, 4th Floor, New Orleans, LA
Or virtual via Zoom
1.0 Hour Ethics CLE credit
The panel will consider a concrete historical example of a truly unethical case, Buck v. Bell, 274 U.S. 200 (1927) (the infamous forced sterilization case) to teach participants about the importance of following modern ethical rules. The panel will focus on the actions and words of two individuals involved in the case—attorney Irving Whitehead who represented Ms. Buck, and Justice Oliver Wendell Holmes, who wrote the opinion. It will examine why, from a modern perspective, each had severe ethical failings in the case, including conflicts of interest and inability to be a fair and impartial judge. The content is important to modern lawyers and judges because Buck has never been overruled and forced sterilization statutes still exist.
Dr. Derek Warden currently serves as a career law clerk to Justice Piper Griffin on the Louisiana Supreme Court. He has published dozens of law review articles across the nation focusing on disability rights and constitutional law. In addition to holding a Juris Doctor and Graduate Degree in Comparative Law from LSU, he also holds the LL.M. and Doctor of Juridical Science degrees from Tulane. Prior to joining the Louisiana Supreme Court, he worked on federal and state complex litigation, including multiple disability rights class actions.
Dane S. Ciolino serves as the Alvin R. Christovich Distinguished Professor of Law at Loyola University New Orleans College of Law. His current scholarly and teaching interests at Loyola include professional responsibility, evidence, advocacy, and criminal law. Professor Ciolino graduated cum laude from Rhodes College in 1985, and magna cum laude from Tulane Law School in 1988. Professor Ciolino engages in a limited law practice and in law-related consulting, principally in the areas of legal ethics, lawyer discipline, judicial discipline, and federal criminal law.
Clare S. Roubion graduated cum laude from Louisiana State University in 2011, and magna cum laude from Louisiana State University Law Center in 2014. After graduation, she worked as a public defender for the Fifteenth Judicial District Court in Lafayette Louisiana and the Research and Writing Attorney for the Office of the Federal Public Defender for the Middle and Western District of Louisiana. Clare now practices with Louisiana Legal Ethics, LLC.
Disclaimer: The views expressed are the views of the presenters and not necessarily those of the Louisiana Supreme Court or its Justices.
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