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Articles 1 - 30 of 289
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Immunity For Me But Not For Thee: Confronting Louisiana’S Problems With Qualified Immunity For Law Enforcement Officers, Nathan Long
Louisiana Law Review
No abstract provided.
Public Accommodations Laws, Free Speech Challenges, And Limiting Principles In The Wake Of 303 Creative, Michael L. Smith
Public Accommodations Laws, Free Speech Challenges, And Limiting Principles In The Wake Of 303 Creative, Michael L. Smith
Louisiana Law Review
No abstract provided.
A Sweep As Broad As Its Promise: 50 Years Later, We Must Amend Title Ix To End Sex-Based Harassment In Schools, Shiwali Patel, Elizabeth X. Tang, Hunter F. Iannucci
A Sweep As Broad As Its Promise: 50 Years Later, We Must Amend Title Ix To End Sex-Based Harassment In Schools, Shiwali Patel, Elizabeth X. Tang, Hunter F. Iannucci
Louisiana Law Review
No abstract provided.
You Can Go Your Own Way: The Failings Of Teague V. Lane And Why Louisiana Should Create Its Own Retroactivity Standard, Emma C. Looney
You Can Go Your Own Way: The Failings Of Teague V. Lane And Why Louisiana Should Create Its Own Retroactivity Standard, Emma C. Looney
Louisiana Law Review
No abstract provided.
Breaking The Chains Of A Habitually Offensive Penal System: An Examination Of Louisiana’S Habitual-Offender Statute With Recommendations For Continued Reform, Harper G. Street
Breaking The Chains Of A Habitually Offensive Penal System: An Examination Of Louisiana’S Habitual-Offender Statute With Recommendations For Continued Reform, Harper G. Street
Louisiana Law Review
No abstract provided.
The Great Escape: Exploring Chapter 11’S Allure To Mass Tort Defendants, Natalie R. Earles
The Great Escape: Exploring Chapter 11’S Allure To Mass Tort Defendants, Natalie R. Earles
Louisiana Law Review
The article explores Chapter 11 bankruptcy proceedings as a defense strategy used by mass tort defendants to escape unfavorable litigation and proposes the U.S. Congress to revise the Bankruptcy Code to disincentivize the misuse of bankruptcy power.
The Underbelly Of The Criminal Justice System: A Critique And Proposed Reforms Of Parole Hearings In Louisiana, Brittany E. Williams
The Underbelly Of The Criminal Justice System: A Critique And Proposed Reforms Of Parole Hearings In Louisiana, Brittany E. Williams
Louisiana Law Review
The article recommends the amendment of laws governing parole hearings in Louisiana to align the procedure with the purpose of parole and to promote the state legislature's goal of focusing prison space on those who pose a serious threat to public safety.
Strangers In A Strange Land: Problems With The Recent Influx Of Ice Detainees Into Louisiana, And What To Do About It, Danielle Grote
Strangers In A Strange Land: Problems With The Recent Influx Of Ice Detainees Into Louisiana, And What To Do About It, Danielle Grote
Louisiana Law Review
The article examines the challenges posed by and solutions to the influx of U.S. Immigration and Customs Enforcement (ICE) detainees into Louisiana.
Towards A New Archimedean Point For Maternal Versus Fetal Rights?, Pnina Lifshitz-Aviram, Yehezkel Margalit
Towards A New Archimedean Point For Maternal Versus Fetal Rights?, Pnina Lifshitz-Aviram, Yehezkel Margalit
Louisiana Law Review
Some experts in the field have defined the year 2019 as “a critical time for abortion rights,” since during the first half of the year alone 19 American states enacted almost 60 abortion restrictions, including 26 abortion bans, and state legislators have introduced many more. This Article reevaluates whether these recent shifts may amount to a real legal tsunami that could yield a new Archimedean point for women’s and fetuses’ rights, or only a temporary and shallow wave, which will probably abate after the Trump presidency. After exploring in a nutshell the recent restrictive as well as liberal developments in …
Reasons For The Disappearing Jury Trial: Perspectives From Attorneys And Judges, Shari Seidman Diamond, Jessica M. Salerno
Reasons For The Disappearing Jury Trial: Perspectives From Attorneys And Judges, Shari Seidman Diamond, Jessica M. Salerno
Louisiana Law Review
The article discusses the results of a national survey of U.S. attorneys and judges on the possible reasons behind the disappearing jury trials in the country and the potential system effects on the decline of jury trials.
Confronting The Bias Dichotomy In Jury Selection, Brooks Holland
Confronting The Bias Dichotomy In Jury Selection, Brooks Holland
Louisiana Law Review
The article examines the intractable dichotomy of bias in jury selection in the U.S. and some tips on how to resolve bias like the elimination of peremptory challenges.
An Unbroken Thread: African American Exclusion From Jury Service, Past And Present, Alexis Hoag
An Unbroken Thread: African American Exclusion From Jury Service, Past And Present, Alexis Hoag
Louisiana Law Review
The article examines the historical exclusion and contemporary underrepresentation of African Americans from jury service in the U.S. as of October 2020, and proposes legal and policy solutions to increase their representation in jury pools.
A Wanted Opioid-Addiction Challenge: How Should Louisiana Allocate Proceeds From Opioid Litigation?, Addison Hollis
A Wanted Opioid-Addiction Challenge: How Should Louisiana Allocate Proceeds From Opioid Litigation?, Addison Hollis
Louisiana Law Review
The article discusses the issues on how the state of Louisiana should allocate the settlement proceeds from opioid litigation and the state's role in the opioid multidistrict litigation (MDL) in the U.S.
Is The #Metoo Movement For Real? Implications For Jurors’Biases In Sexual Assault Cases, Mary Graw Leary
Is The #Metoo Movement For Real? Implications For Jurors’Biases In Sexual Assault Cases, Mary Graw Leary
Louisiana Law Review
The article discusses the emerging research on the #MeToo movement and its possible effects on the population of potential jurors in the U.S., particularly in sexual assault cases.
The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner
The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner
Louisiana Law Review
Both Montesquieu and Tocqueville thought that an independent judiciary was key to maintaining a moderate government of ordered liberty. But judicial power should not be exercised too openly, or the people would view judges as tyrannical. In Montesquieu's and Tocqueville's view, the jury was an excellent mask for the power of judges. Both Montesquieu and Tocqueville thought that popular juries had many weaknesses in deciding cases. But, as Tocqueville made clear, the firm guidance of the judge in instructions on law and comments on evidence could prevent juries from going astray and make the institution a "free school" for democracy. …
Teaching Justice-Connectivity, Michael Pinard
Teaching Justice-Connectivity, Michael Pinard
Louisiana Law Review
The author proposes the teaching model which he calls Justice-Connectivity, which will help build in law students the foundation to recognize the various systems, institutions and conditions of their clients, as well as the residents of the communities around law schools.
The Missing Link: Jail And Prison Conditions In Criminal Justicereform, Andrea Craig Armstrong
The Missing Link: Jail And Prison Conditions In Criminal Justicereform, Andrea Craig Armstrong
Louisiana Law Review
The article examines the link between conditions in jails and prisons and broader criminal justice reform efforts.
Fairly Exposed: A Proposal To Improve The Reasonableness Standardfor Digital Forensic Searches At The Border, Caroline V. Mccaffrey
Fairly Exposed: A Proposal To Improve The Reasonableness Standardfor Digital Forensic Searches At The Border, Caroline V. Mccaffrey
Louisiana Law Review
The article proposes to improve the reasonableness standard for digital forensic searches at the U.S. border.
Second Place Isn’T Good Enough: Achieving True Reform Throughexpanded Parole Eligibility, Monica L. Bergeron
Second Place Isn’T Good Enough: Achieving True Reform Throughexpanded Parole Eligibility, Monica L. Bergeron
Louisiana Law Review
The article proposes the expansion of existing geriatric parole statute in Louisiana so as to eradicate the state's practices of unjustified sentencing and mass incarceration.
Engaging Students In Systemic Change: The Role Of Louisianalaw School Clinics In The State’S Criminal Justice Reformmovement, Robert Lancaster, Maris Mattes
Engaging Students In Systemic Change: The Role Of Louisianalaw School Clinics In The State’S Criminal Justice Reformmovement, Robert Lancaster, Maris Mattes
Louisiana Law Review
The article discusses the role of three Louisiana law school clinics in the state's criminal justice reform movement.
Bailing Out Louisiana: A Proposal To Reform Louisiana’S Money-Based Bail Bond System, Milton J. Hernandez Iv
Bailing Out Louisiana: A Proposal To Reform Louisiana’S Money-Based Bail Bond System, Milton J. Hernandez Iv
Louisiana Law Review
The article offers a background on the bail system in Louisiana and discusses recent developments in bail reform in other jurisdictions around the U.S., particularly in states adopting risk assessment-based systems.
All Rape Is Not Created Equal: A Cure For The Ambiguity Of Consent In Louisiana’S Third-Degree Rape Statute, Jourdan E. Moschitta Curet
All Rape Is Not Created Equal: A Cure For The Ambiguity Of Consent In Louisiana’S Third-Degree Rape Statute, Jourdan E. Moschitta Curet
Louisiana Law Review
The article discusses the development of the current third-degree rape regime in Louisiana, introduces the expansion of the consent clause and examines how consent is defined in Louisiana's courtrooms.
The Plight Of The Unpopular Poor: Sex Offender Registration And Notification Costs To Indigent Offenders In Louisiana, Justin Dicharia
The Plight Of The Unpopular Poor: Sex Offender Registration And Notification Costs To Indigent Offenders In Louisiana, Justin Dicharia
Louisiana Law Review
The article explores the inadequacies to indigent offenders in the sex offender registration and notification laws of Louisiana and recommends solutions to fix them.
“License, Registration, And State Funding, Please”: Overhauling Louisiana’S Traffic-Ticket Funding Scheme Of Public Defenders, Mary Grace Richardson
“License, Registration, And State Funding, Please”: Overhauling Louisiana’S Traffic-Ticket Funding Scheme Of Public Defenders, Mary Grace Richardson
Louisiana Law Review
The article recommends a funding structure for public defenders in Louisiana that eliminates budget shortfalls by substituting the district-level user-pay system, in which all criminal defendants shoulder the cost of indigent defense through court fees and fines, for a centralized, state-funded general revenue stream.
“To This Tribunal The Freedman Has Turned”: The Freedmen’Sbureau’S Judicial Powers And The Origins Of The Fourteenthamendment, Hon. Bernice B. Donald, Pablo J. Davis
“To This Tribunal The Freedman Has Turned”: The Freedmen’Sbureau’S Judicial Powers And The Origins Of The Fourteenthamendment, Hon. Bernice B. Donald, Pablo J. Davis
Louisiana Law Review
The article explores the U.S. Freedmen's Bureau as a significant part of the context of the Fourteenth Amendment's enactment by looking at the Bureau's judicial powers, and their grant, exercise, and political effects.
Policing Hate: The Problematic Expansion Of Louisiana’S Hate Crime Statute To Include Police Officers, Savannah Walker
Policing Hate: The Problematic Expansion Of Louisiana’S Hate Crime Statute To Include Police Officers, Savannah Walker
Louisiana Law Review
The article focuses on purpose of hate crime laws of Louisiana through historical context and analyzes the inconsistencies in the Blue Lives Matter amendment, and predicts the consequences the amendment will have on hate crime.
You Sell Molly, I’Ll Sell Holly: Prosecuting Sex Trafficking In Theunited States, Tiffany Dupree
You Sell Molly, I’Ll Sell Holly: Prosecuting Sex Trafficking In Theunited States, Tiffany Dupree
Louisiana Law Review
The article focuses on facets of sex trafficking and addresses common misconceptions related to the crime and by making sex trafficking a strict liability crime and implementing innovative prosecution strategies equips the U.S. to abolish sex slavery.