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Articles 1 - 30 of 68
Full-Text Articles in Law
Sieracki Lives: A Portrait Of The Interplay Between Legislation And The Judicially Created General Maritime Law, Thomas C. Galligan Jr.
Sieracki Lives: A Portrait Of The Interplay Between Legislation And The Judicially Created General Maritime Law, Thomas C. Galligan Jr.
Journal Articles
In American maritime law, the interplay between the courts and Congress is complex and iterative. A significant body of American admiralty law, the general maritime law, has been judicially created and developed. But Congress has also enacted a number of important statutes governing maritime commerce and the rights of maritime workers, such as the Longshore and Harbor Worker’s Compensation Act (“LHWCA”). The back and forth between the courts and Congress in interpreting those statutes and gauging their impact on and consistency with the general maritime law is ongoing. One important area where the courts development of the general maritime law …
Close, But No Cigar: Issues With Louisiana Revised Statutes § 9:2800.27 And The Collateral Source Rule, Andrew G. Jarreau
Close, But No Cigar: Issues With Louisiana Revised Statutes § 9:2800.27 And The Collateral Source Rule, Andrew G. Jarreau
Louisiana Law Review
The article discusses issues on the collateral source rule in Louisiana, the ruling by the state Supreme Court in the case Bozeman v. State, and why the state's Revised Statutes  9:2800.27 contradicts the policy behind tort recovery.
Consortium And Workers’ Compensation: The Demolition Of Consortium, Michael Green, David M. Layman
Consortium And Workers’ Compensation: The Demolition Of Consortium, Michael Green, David M. Layman
Louisiana Law Review
The article discusses issues on spousal consortium claims and workers' compensation in the U.S., including the aspects of compensation for accidental injuries and tort claims.
The Structure Of Torts, Thomas C. Galligan Jr.
The Structure Of Torts, Thomas C. Galligan Jr.
Journal Articles
Tort law consists of a number of different causes of action which are seemingly unrelated except that all involve civil wrongs, other than mere breaches of contract. The various torts have different elements; some, like the nominate or intentional torts, very specific; others, like negligence, more general and vague. There is no apparent, coherent, or consistent structure applicable to all torts. This Article articulates just such a unified structure for all torts: one that arises out of and is based upon the elements of negligence. All torts involve the judicial delineation of the defendant's duty or legal obligation. All torts …
Finding A Better Way Around Employment At Will: Protecting Employees' Autonomy Interests Through Tort Law, William Corbett
Finding A Better Way Around Employment At Will: Protecting Employees' Autonomy Interests Through Tort Law, William Corbett
Journal Articles
No abstract provided.
The Medical Malpractice Cure: Stitching Together The Coleman Factors, Sarah Nickel
The Medical Malpractice Cure: Stitching Together The Coleman Factors, Sarah Nickel
Louisiana Law Review
The article discusses the enactment of Louisiana Medical Malpractice Act (MMA) and advantages and disadvantages it entails for both health care providers and tort victims and the decision of the Louisiana Supreme Court in the case U.S. Dupny v. NMC Operating Company.
The Bp B1 Bundle Ruling: Federal Statutory Displacement Of General Maritime Law, John Costonis
The Bp B1 Bundle Ruling: Federal Statutory Displacement Of General Maritime Law, John Costonis
Journal Articles
Among the many unresolved legal questions posed by BP’s Gulf well blowout are whether and to what extent maritime tort negligence remedies escape displacement by relevant federal statutes, including, principally, the Oil Pollution Act of 1990 (OPA or OPA 90). OPA jurisprudence over two decades holds that OPA displaces these remedies. Contrarily, however, the United States District Court for the Eastern District of Louisiana’s decision in In re Oil Spill by the Oil Rig “Deepwater Horizon” (hereinafter B1 Bundle) insists that general maritime law affords a parallel track to OPA’s remedies for economic and property oil discharge losses suffered by …
Unmasking A Pretext For Res Ipsa Loquitur: A Proposal To Let Employment Discrimination Speak For Itself, William R. Corbett
Unmasking A Pretext For Res Ipsa Loquitur: A Proposal To Let Employment Discrimination Speak For Itself, William R. Corbett
Journal Articles
Has too much tort law been incorporated into the case law under the federal employment discrimination statutes? The debate on this issue has been reinvigorated by the Supreme Court’s decision in Staub v. Proctor Hospital, 131 S. Ct. 1186 (2011). In Staub the Court referred to the Uniformed Services Employment and Reemployment Rights Act, a federal employment discrimination statute, as a “federal tort.” The Court then adopted the tort doctrine of proximate cause as the standard for evaluating subordinate bias (or “cat’s paw”) liability. Staub was not the first case in which the Court has suggested that a federal employment …
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, …
Convergence In Contort: Landlord Liability For Defective Premises In Comparative Perspective, Melissa T. Lonegrass
Convergence In Contort: Landlord Liability For Defective Premises In Comparative Perspective, Melissa T. Lonegrass
Journal Articles
No abstract provided.
A Closer Look At Iraqi Property And Tort Law, Dan E. Stigall
A Closer Look At Iraqi Property And Tort Law, Dan E. Stigall
Louisiana Law Review
No abstract provided.
Dual Drilling Co. V. Mills Equipment Investments, Inc. - A Statement About Conversion Or A Statement About The Concept Of Fault?, Mark Fernandez
Dual Drilling Co. V. Mills Equipment Investments, Inc. - A Statement About Conversion Or A Statement About The Concept Of Fault?, Mark Fernandez
Louisiana Law Review
No abstract provided.
Comparative Fault & Solidary Delictual Obligations: On Further Consideration, William D. Grimley
Comparative Fault & Solidary Delictual Obligations: On Further Consideration, William D. Grimley
Louisiana Law Review
No abstract provided.
Of Incidents, Activities, And Maritime Jurisdiction: A Jurisprudential Exegesis, Thomas C. Galligan Jr.
Of Incidents, Activities, And Maritime Jurisdiction: A Jurisprudential Exegesis, Thomas C. Galligan Jr.
Louisiana Law Review
No abstract provided.
Breland V. Schilling: Louisiana's Approach To "Injuries Expected Or Intended From The Standpoint Of The Insured", Leland Redding Gallaspy
Breland V. Schilling: Louisiana's Approach To "Injuries Expected Or Intended From The Standpoint Of The Insured", Leland Redding Gallaspy
Louisiana Law Review
No abstract provided.
Butler V. Baber:' Absolute Liability For Environmental Hazards, John C. Anjier
Butler V. Baber:' Absolute Liability For Environmental Hazards, John C. Anjier
Louisiana Law Review
No abstract provided.
Intentional Interference With Visitation Rights: Is This A Tort? Owens V. Owens, Eve Kahao Gonzalez
Intentional Interference With Visitation Rights: Is This A Tort? Owens V. Owens, Eve Kahao Gonzalez
Louisiana Law Review
No abstract provided.
Recovery Of Economic Loss Absent Physical Damage To A Proprietary Interest: Does Testbank Dim The Bright-Line?, Tamara Dixon
Recovery Of Economic Loss Absent Physical Damage To A Proprietary Interest: Does Testbank Dim The Bright-Line?, Tamara Dixon
Louisiana Law Review
No abstract provided.
Recovery In Louisiana Tort Law For Intangible Economic Loss: Negligence Actions And The Tort Of Intentional Interference With Contractual Relations, David W. Robertson
Recovery In Louisiana Tort Law For Intangible Economic Loss: Negligence Actions And The Tort Of Intentional Interference With Contractual Relations, David W. Robertson
Louisiana Law Review
No abstract provided.
We Say What We Mean, And We Mean What We Say: The 1984 Amendments To Sections 904 And 905 Of The Lhwca, Kraig Thomas Strenge
We Say What We Mean, And We Mean What We Say: The 1984 Amendments To Sections 904 And 905 Of The Lhwca, Kraig Thomas Strenge
Louisiana Law Review
No abstract provided.
Reminiscing About The Great Ruminator, Alston Johnson
Reminiscing About The Great Ruminator, Alston Johnson
Louisiana Law Review
No abstract provided.
Tilting Against Windmills: A Solidary Rejoinder, Bruce V. Schewe
Tilting Against Windmills: A Solidary Rejoinder, Bruce V. Schewe
Louisiana Law Review
No abstract provided.
The Standard Of Disclosure By Physicians To Patients: Competeing Models Of Informed Consent, Patrick D. Halligan
The Standard Of Disclosure By Physicians To Patients: Competeing Models Of Informed Consent, Patrick D. Halligan
Louisiana Law Review
No abstract provided.
Thrasher V. Leggett: Judicial Restraint In The Imposition Of Liquor Vendor Liability, Clay Morgan Allen
Thrasher V. Leggett: Judicial Restraint In The Imposition Of Liquor Vendor Liability, Clay Morgan Allen
Louisiana Law Review
No abstract provided.
A Codified Law Of Tort - The French Experience, André Tunc
A Codified Law Of Tort - The French Experience, André Tunc
Louisiana Law Review
No abstract provided.
Problems In The Application Of Duty-Risk Analysis To Jury Trials In Louisiana, Mark Meyers
Problems In The Application Of Duty-Risk Analysis To Jury Trials In Louisiana, Mark Meyers
Louisiana Law Review
No abstract provided.
Louisiana's Useful Class Action: Williams V. State, Guy Holdridge
Louisiana's Useful Class Action: Williams V. State, Guy Holdridge
Louisiana Law Review
No abstract provided.
Vicarious Liability And Intentional Torts: Lebrane Redefined, Billy Joseph Domingue
Vicarious Liability And Intentional Torts: Lebrane Redefined, Billy Joseph Domingue
Louisiana Law Review
No abstract provided.
Abuse Of Rights In Dutch Law, Chris J. H. Brunner
Abuse Of Rights In Dutch Law, Chris J. H. Brunner
Louisiana Law Review
No abstract provided.
Diminution Of Property Values As Compensable Damage Absent Fault Or Physical Damage, Hal Clayton Welch
Diminution Of Property Values As Compensable Damage Absent Fault Or Physical Damage, Hal Clayton Welch
Louisiana Law Review
No abstract provided.