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Articles 1 - 30 of 41
Full-Text Articles in Law
Srtma: Reappraising The Bp Well Blowout In Light Of Pippen, Theriot, Doiron, And Grubart, John J. Costonis
Srtma: Reappraising The Bp Well Blowout In Light Of Pippen, Theriot, Doiron, And Grubart, John J. Costonis
Louisiana Law Review
The article discusses the issues on the choice of law and jurisdiction in tortious or contractual events involving binary terrestrial/aquatic oil and gas drilling operations in the U.S.' Outer Continental Shelf (OCS) and the provisions of the Outer Shelf Lands Act (OCSLA).
French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden
French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden
Journal of Civil Law Studies
During the second half of the 17th century of French formally institutionalized colonial power in Acadia, the province was in an interesting state of jurisdictional complexity insofar as French colonists were concerned. While native Amerindians, mostly Malecites and Micmawqs, carried their precolonial political order and jurisdictional organisation without almost any interference of the colonial power, imported normative systems derived from feudalism, the Catholic Church, French colonial order, French provincial customs and family organisation were juxtaposed and interacted, each of them were a well-known part of the Western legal tradition. Yet—and this is the most interesting—the state power, which was prevalent …
The Danger Of Nonrandom Case Assignment: How The S.D.N.Y'S 'Related Cases' Rule Has Shaped The Evolution Of Stop-And-Frisk Law, Katherine Macfarlane
The Danger Of Nonrandom Case Assignment: How The S.D.N.Y'S 'Related Cases' Rule Has Shaped The Evolution Of Stop-And-Frisk Law, Katherine Macfarlane
Journal Articles
The Southern District of New York’s local rules are clear: "[A]ll active judges . . . shall be assigned substantially an equal share of the categories of cases of the court over a period of time." Yet for the past fourteen years, Southern District Judge Scheindlin has been granted near-exclusive jurisdiction over one category of case: those involving wide-sweeping constitutional challenges to the NYPD’s stop-and-frisk policies. In 1999, Judge Scheindlin was randomly assigned Daniels v. City of New York, the first in a series of high-profile and high-impact stop-and-frisk cases. Since then, she has overseen an uninterrupted stream of equally …
The Anomalous Interaction Between Code And Statute--Lessor's Warranty And Statutory Waiver, Melissa T. Lonegrass
The Anomalous Interaction Between Code And Statute--Lessor's Warranty And Statutory Waiver, Melissa T. Lonegrass
Journal Articles
No abstract provided.
The Constitutional Authority Giving Our Appellate Courts Jurisdiction Of Fact Should Be Repealed, William E. Crawford
The Constitutional Authority Giving Our Appellate Courts Jurisdiction Of Fact Should Be Repealed, William E. Crawford
Louisiana Law Review
The article discusses the constitutional authority granting appellate courts in Louisiana the jurisdiction to review the record of a civil jury trial as well as to issue its own judgment contrary to the verdict of the jury. It presents several cases in which jury decisions were reversed including Brewer v. J.B. Hunt Transport, Inc., Menard v. Lafayette Insurance Company, and Fontenot v. Patterson.
Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret S. Thomas
Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret S. Thomas
Journal Articles
The doctrine for deciding when to apply the Federal Rules of Civil Procedure to state claims heard in federal court has become a quagmire of exceptions and ephemeral distinctions, in large measure due to the persistent difficulty courts have in separating substantive rules from procedural ones in an era where special procedural rules are often used as an essential regulatory tool in state governance. This article examines the power of Federal Rules of Civil Procedure to displace contrary state law in diversity cases by focusing on the limited functional competence of the Supreme Court and its Advisory Committee to displace …
Love, Loyalty And The Louisiana Civil Code: Rules, Standards And Hybrid Discretion In A Mixed Jurisdiction, John A. Lovett
Love, Loyalty And The Louisiana Civil Code: Rules, Standards And Hybrid Discretion In A Mixed Jurisdiction, John A. Lovett
Louisiana Law Review
No abstract provided.
Federal Constitutions: The Keystone Of Nested Commons Governance, Blake Hudson
Federal Constitutions: The Keystone Of Nested Commons Governance, Blake Hudson
Journal Articles
The constitutional structure of a federal system of government can undermine effective natural capital management across scales, from local to global. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain types of natural capital appropriation — such as resources appropriated by private forest management or other land-use-related economic development activities — entrench a legally defensible natural capital commons in those jurisdictions. For example, the same constitution that may legally facilitate poor forest-management practices by private landowners in the southeastern United States may complicate international negotiations related to forest management and climate change. Both the local and international …
How Community Property Jurisdictions Can Avoid Being Lost In Cyberspace, Sally Brown Richardson
How Community Property Jurisdictions Can Avoid Being Lost In Cyberspace, Sally Brown Richardson
Louisiana Law Review
No abstract provided.
Distribution Of Marital Assets In Community Property Jurisdictions: Equitable Doesn't Equal Equal, James R. Ratner
Distribution Of Marital Assets In Community Property Jurisdictions: Equitable Doesn't Equal Equal, James R. Ratner
Louisiana Law Review
No abstract provided.
The Macondo Well Blowout: Taking The Outer Continental Shelf Lands Act Seriously, John J. Costonis
The Macondo Well Blowout: Taking The Outer Continental Shelf Lands Act Seriously, John J. Costonis
Journal Articles
Choice of law issues in marine pollution events engage federal admiralty/general maritime law, federal environmental legislation and the reserved powers of the states to protect their natural resources and economic welfare. Admiralty and general maritime law enjoyed center stage throughout the first two thirds of the last century. Federal marine pollution statutes were few and weak, and state initiatives were typically deemed preempted in all but the so-called “marine but local” cases. The equilibrium began to shift in favor of state police powers and federal environmental values in the mid-1960’s in consequence of the Supreme Court’s solicitude for the former, …
Closing The Loop On Guantanamo, Scott Sullivan, Joshua Colangelo-Bryan
Closing The Loop On Guantanamo, Scott Sullivan, Joshua Colangelo-Bryan
Journal Articles
No abstract provided.
Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley
Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley
Louisiana Law Review
No abstract provided.
The Left-For-Dead Fiction Of Corporate "Presence": Is It Revived By Burnham?, Steven Mathew Wald
The Left-For-Dead Fiction Of Corporate "Presence": Is It Revived By Burnham?, Steven Mathew Wald
Louisiana Law Review
No abstract provided.
Burger King Corp. V. Rudzewicz: A Whopper Of An Opinion, John C. Davidson
Burger King Corp. V. Rudzewicz: A Whopper Of An Opinion, John C. Davidson
Louisiana Law Review
No abstract provided.
Charted Territory: The Louisiana Experience With The Uniform Child Custody Jurisdiction Act, Lucy S. Mcgough, Anne R. Hughes
Charted Territory: The Louisiana Experience With The Uniform Child Custody Jurisdiction Act, Lucy S. Mcgough, Anne R. Hughes
Louisiana Law Review
No abstract provided.
Jurisdiction Over Persons, Things And Status, Kenneth M. Murchison
Jurisdiction Over Persons, Things And Status, Kenneth M. Murchison
Louisiana Law Review
No abstract provided.
Forum Juridicum: The First Two Years After Shaffer V. Heitner, John R. Leathers
Forum Juridicum: The First Two Years After Shaffer V. Heitner, John R. Leathers
Louisiana Law Review
No abstract provided.
Child Custody: Paternal Authority V. Welfare Of The Child, Douglas W. Truxillo
Child Custody: Paternal Authority V. Welfare Of The Child, Douglas W. Truxillo
Louisiana Law Review
No abstract provided.
Civil Procedure - Reconventional Demand - Amount In Dispute, James R. Pettway
Civil Procedure - Reconventional Demand - Amount In Dispute, James R. Pettway
Louisiana Law Review
No abstract provided.
Bankruptcy - Summary Jurisdiction, Carl E. Heck Jr.
Bankruptcy - Summary Jurisdiction, Carl E. Heck Jr.
Louisiana Law Review
No abstract provided.
Jurisdiction In Personam - The Due Process Framework And The Louisiana Experience, David E. Soileau
Jurisdiction In Personam - The Due Process Framework And The Louisiana Experience, David E. Soileau
Louisiana Law Review
No abstract provided.
Jurisdiction In Personam Over The Nonresident Tortfeasor, Howard W. L'Enfant Jr.
Jurisdiction In Personam Over The Nonresident Tortfeasor, Howard W. L'Enfant Jr.
Louisiana Law Review
No abstract provided.
Jurisdiction In Personam Over Contracts With Nonresidents, Alex Williams Rankin
Jurisdiction In Personam Over Contracts With Nonresidents, Alex Williams Rankin
Louisiana Law Review
No abstract provided.
Civil Procedure - Filing Suit In Court Of Incompetent Jurisdiction, Charles S. Mccowan Jr.
Civil Procedure - Filing Suit In Court Of Incompetent Jurisdiction, Charles S. Mccowan Jr.
Louisiana Law Review
No abstract provided.
Civil Procedure, Henry G. Mcmahon
Civil Procedure - Jurisdictional Requirements For Divorce And Separation Actions In Louisiana, David S. Bell
Civil Procedure - Jurisdictional Requirements For Divorce And Separation Actions In Louisiana, David S. Bell
Louisiana Law Review
No abstract provided.
Conflict Of Jurisdiction, James Wm. Moore
Labor Law - The Perennial Preemption Problem, Charley Quienalty
Labor Law - The Perennial Preemption Problem, Charley Quienalty
Louisiana Law Review
No abstract provided.