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Full-Text Articles in Law

Srtma: Reappraising The Bp Well Blowout In Light Of Pippen, Theriot, Doiron, And Grubart, John J. Costonis Apr 2020

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 Oct 2019

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 Jan 2014

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 Jan 2014

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 May 2013

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 Jan 2013

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 Aug 2012

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 Jan 2012

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 Nov 2011

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 Nov 2011

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 Jan 2011

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 Jan 2010

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 Feb 1998

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 Sep 1993

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 Mar 1987

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 Sep 1983

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 Aug 1981

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 Aug 1980

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 Aug 1975

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 Jun 1968

Civil Procedure - Reconventional Demand - Amount In Dispute, James R. Pettway

Louisiana Law Review

No abstract provided.


Bankruptcy - Summary Jurisdiction, Carl E. Heck Jr. Feb 1967

Bankruptcy - Summary Jurisdiction, Carl E. Heck Jr.

Louisiana Law Review

No abstract provided.


Foreword Feb 1966

Foreword

Louisiana Law Review

No abstract provided.


Jurisdiction In Personam - The Due Process Framework And The Louisiana Experience, David E. Soileau Feb 1966

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. Feb 1966

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 Feb 1966

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. Jun 1965

Civil Procedure - Filing Suit In Court Of Incompetent Jurisdiction, Charles S. Mccowan Jr.

Louisiana Law Review

No abstract provided.


Civil Procedure, Henry G. Mcmahon Dec 1964

Civil Procedure, Henry G. Mcmahon

Louisiana Law Review

No abstract provided.


Civil Procedure - Jurisdictional Requirements For Divorce And Separation Actions In Louisiana, David S. Bell Apr 1963

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 Dec 1962

Conflict Of Jurisdiction, James Wm. Moore

Louisiana Law Review

No abstract provided.


Labor Law - The Perennial Preemption Problem, Charley Quienalty Dec 1958

Labor Law - The Perennial Preemption Problem, Charley Quienalty

Louisiana Law Review

No abstract provided.