Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (33)
- Law and Race (23)
- Constitutional Law (21)
- Legal History (21)
- Civil Rights and Discrimination (17)
-
- Energy and Utilities Law (14)
- Law and Society (13)
- Civil Law (12)
- Environmental Law (12)
- Contracts (9)
- Criminal Law (9)
- Jurisprudence (9)
- Family Law (8)
- Oil, Gas, and Mineral Law (8)
- Social and Behavioral Sciences (8)
- Administrative Law (7)
- Litigation (7)
- Natural Resources Law (7)
- Criminal Procedure (6)
- Fourteenth Amendment (6)
- Human Rights Law (6)
- Legislation (6)
- Torts (6)
- Water Law (6)
- Comparative and Foreign Law (5)
- Environmental Sciences (5)
- Health Law and Policy (5)
- Judges (5)
- Jurisdiction (5)
- Institution
-
- Louisiana State University Law Center (810)
- University of Michigan Law School (41)
- Selected Works (22)
- St. Mary's University (8)
- Touro University Jacob D. Fuchsberg Law Center (6)
-
- University of Colorado Law School (6)
- SelectedWorks (5)
- Seattle University School of Law (4)
- William & Mary Law School (4)
- Pepperdine University (3)
- University of Miami Law School (3)
- Villanova University Charles Widger School of Law (3)
- Chicago-Kent College of Law (2)
- Liberty University (2)
- University of Georgia School of Law (2)
- University of New Mexico (2)
- University of Richmond (2)
- University of the District of Columbia School of Law (2)
- Duke Law (1)
- Florida State University College of Law (1)
- Louisiana State University (1)
- New York Law School (1)
- Northwestern Pritzker School of Law (1)
- Nova Southeastern University (1)
- Penn State Law (1)
- Roger Williams University (1)
- University of Baltimore Law (1)
- University of Cincinnati College of Law (1)
- University of Kentucky (1)
- University of Missouri School of Law (1)
- Publication Year
- Publication
-
- Louisiana Law Review (793)
- Articles (19)
- Michigan Law Review (18)
- LSU Journal of Energy Law and Resources (7)
- Journal Articles (6)
-
- Journal of Civil Law Studies (5)
- Scholarly Works (5)
- Faculty Articles (4)
- P. Raymond Lamonica (4)
- Alain A. Levasseur (3)
- John Randall Trahan (3)
- Journal of the National Association of Administrative Law Judiciary (3)
- Seattle University Law Review (3)
- Touro Law Review (3)
- Book Chapters (2)
- Chicago-Kent Law Review (2)
- Faculty Publications (2)
- Governor Richardson's Task Force on Ethics Reform (2006) (2)
- Michigan Journal of Gender & Law (2)
- St. Mary's Law Journal (2)
- University of Michigan Journal of Law Reform (2)
- University of the District of Columbia Law Review (2)
- Vicenç Feliú (2)
- Villanova Law Review (2)
- Alex T Robertson (1)
- All Faculty Scholarship (1)
- American Indian Law Journal (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Chauncey Brummer (1)
- Cheney C. Joseph, Jr. (1)
- Publication Type
- File Type
Articles 1 - 30 of 943
Full-Text Articles in Law
“Always Said To Be Of Indian Extraction”: Native/African American Freedom Suits In Virginia 1773-1853, Cress Ann Posten
“Always Said To Be Of Indian Extraction”: Native/African American Freedom Suits In Virginia 1773-1853, Cress Ann Posten
Doctoral Dissertations and Projects
Freedom suits of enslaved people in Virginia who claimed liberty based upon matrilineal descent from a Native American woman provide a multi-dimensional lens into social, cultural, and legal aspects of colonial and antebellum considerations of race, kinship, and self-determination. Within records of depositions are detailed transcriptions of questions posed to neighbors, family members, acquaintances of enslavers, and slaveowners themselves. Answers reveal a nuanced and complicated set of opinions concerning who had a right to freedom. Local memory banks overflowed with detailed descriptions of the plaintiff and his or her native ancestress, including skin color, hair texture, and manners. Within isolated …
From Natchitoches To Nuremberg: The Life Of Legal Pioneer Lyria Dickason, Todd C. Peppers
From Natchitoches To Nuremberg: The Life Of Legal Pioneer Lyria Dickason, Todd C. Peppers
Scholarly Articles
Lyria was one of a small handful of women who graduated from a Louisiana law school in the 1930’s. Despite the employment barriers facing female attorneys, she went on to become one of the first female law clerks in both the federal and state judiciary. To date, Lyria’s story has not been told. I have recently discovered, however, that Lyria’s children and grandchildren preserved her letters to her family. They are a treasure trove of information about a woman whose career took her from rural Louisiana to Louisiana’s highest court as well as the post-war ruins of Nazi Germany. The …
Oil, Indifference, And Displacement: An Indigenous Community Submerged And Tribal Relocation In The 21st Century, Jared Munster
Oil, Indifference, And Displacement: An Indigenous Community Submerged And Tribal Relocation In The 21st Century, Jared Munster
American Indian Law Journal
Coastal land loss driven by erosion and subsidence, and amplified by climate change, has forced the abandonment and resettlement of the remote Louisiana Indigenous community of Isle de Jean Charles. This relocation, to a relatively ‘safer’ site inland has led to division among the residents and will inevitably cause irreparable damage to the culture and traditions of the Houma and Biloxi Chitimacha Confederation of Muskogees peoples who called this small, isolated island home. Driven to the water’s edge by European colonization of south Louisiana, this community developed a dynamic subsistence lifestyle based on agriculture, hunting, and fishing which survived undisturbed …
Ramos Retroactivity And The False Promise Of Teague V. Lane, Tori Simkovic
Ramos Retroactivity And The False Promise Of Teague V. Lane, Tori Simkovic
University of Miami Law Review
When the Supreme Court changes course and announces a new rule of constitutional criminal law, the question remains: what happens to those imprisoned by the old practice now deemed unconstitutional? Since 1989, that question has been answered by Teague v. Lane, a restrictive holding that limits retroactivity by prioritizing judicial resources over the constitutional rights of incarcerated people. But should it matter if the old rule has explicitly racist origins?
Convictions by non-unanimous juries emerged in Louisiana and Oregon with the stated intention of rendering Black jurors' votes meaningless. In 2020, the Supreme Court in Ramos v. Louisiana held that …
A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care And Nearly Went Unnoticed., Melissa Carter, Christopher Church, Vivek Sankaran
A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care And Nearly Went Unnoticed., Melissa Carter, Christopher Church, Vivek Sankaran
Articles
This Article argues that juvenile court judges can safely reduce the number of children entering foster care by faithfully and rigorously applying the law. Judges often fail to perform this core functon when a state child welfare agency separates a child from their family. Judges must perform their role as impartial gatekeeper despite the temptation to be "omnipotent moral busybodies".
As Muddy As The Mississippi River: An Examination Of Louisiana Jury Venire Creation Procedures, Kristen M. Vicknair
As Muddy As The Mississippi River: An Examination Of Louisiana Jury Venire Creation Procedures, Kristen M. Vicknair
William & Mary Journal of Race, Gender, and Social Justice
Americans expect their constitutional rights to be respected by the federal, state, and local governments, but a lack of transparency on a government’s behalf prevents Americans from being able to trust their governments fully. This Note demonstrates the astounding lack of transparency in Louisiana parishes’ jury venire creation procedures, which prevent Louisianans from trusting that their communities are represented by a fair cross-section on jury venires. The same lack of transparency restricts any constitutional challenges of the representation on appeal, as the major test for the fair cross-section, the Duren test, requires a showing of systematic exclusion on the government’s …
Removing The Risk From Risk Allocation: Reforming Louisiana’Soilfield Anti-Indemnity Act, Katherine Fruge Corry
Removing The Risk From Risk Allocation: Reforming Louisiana’Soilfield Anti-Indemnity Act, Katherine Fruge Corry
Louisiana Law Review
The article discusses the risks faced by oil and gas firms in their operational contracts like master service agreements (MSA) and why the Louisiana legislature should copy the Texas Oilfield Anti-Indemnity Act (TOIA) to amend the Louisiana OIA (LOIA) to protect contractors and service firms.
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.
Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman
Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman
Touro Law Review
No abstract provided.
Boothe V. Dotd, Jacque P. Biggs
Leger V. Leger, Jessica Brewer
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.
To Impute Or Not To Impute: Independent Insurance Adjuster Liability In Louisiana, Braxton A. Duhon
To Impute Or Not To Impute: Independent Insurance Adjuster Liability In Louisiana, Braxton A. Duhon
Louisiana Law Review
The article discusses issues on the imputation of independent insurance adjuster liability to insurers in Louisiana and the possible legislative and judicial remedies to resolve the ambiguities in state law.
Reworking Louisiana’S Private Works Act, L. David Cromwell, Mallory Waller
Reworking Louisiana’S Private Works Act, L. David Cromwell, Mallory Waller
Louisiana Law Review
The article addresses the 2019 revision to the Private Works Act, the culmination of a long history of legislative efforts to protect contractors, laborers, suppliers and others who contribute to the improvement of an immovable, and its significance in Louisiana law.
The Encyclopedist Code: Ancien Droit Legal Encyclopedias And Their Verbatim Influence On The Louisiana Digest Of 1808, Seth S. Brostoff
The Encyclopedist Code: Ancien Droit Legal Encyclopedias And Their Verbatim Influence On The Louisiana Digest Of 1808, Seth S. Brostoff
Journal of Civil Law Studies
This Article identifies nearly one hundred articles and provisions in Louisiana’s first civil code, the Digest of 1808, which were copied verbatim or almost verbatim (that is, literally or almost literally) from three French legal encyclopedias popular during the Ancien Régime: Lerasle’s Encyclopédie méthodique: Jurisprudence (8 vols., 1782–89), Jean-Baptiste Denisart’s Collection de décisions nouvelles (1st ed., 6 vols., 1754–56), and Joseph-Nicolas Guyot’s Répertoire de jurisprudence (2d ed., 17 vols., 1784–85). As the Appendix indicates, verbatim and almost verbatim extracts from Lerasle, Denisart, and Guyot constitute approximately five per cent of the Digest’s source material. This Article therefore serves as a …
Radcliffe V. Burger, Jessica Brewer
Radcliffe V. Burger, Jessica Brewer
Journal of Civil Law Studies
No abstract provided.
Recognizing The Need To Recognize: A Proposed Foreign Judgment Recognition Statute And A Procedure For Enforcement In Louisiana, Elias M. Medina
Recognizing The Need To Recognize: A Proposed Foreign Judgment Recognition Statute And A Procedure For Enforcement In Louisiana, Elias M. Medina
Louisiana Law Review
The article discusses a proposed foreign judgment recognition law, the procedure for enforcement in Louisiana, and the state's Uniform Enforcement of Foreign Judgments Act (EFJA).
Discerning A Dignitary Offense: The Concept Of Equal 'Public Rights' During Reconstruction, Rebecca J. Scott
Discerning A Dignitary Offense: The Concept Of Equal 'Public Rights' During Reconstruction, Rebecca J. Scott
Articles
The mountain of modern interpretation to which the language of the Fourteenth Amendment of the United States Constitution has been subjected tends to overshadow the multiple concepts of antidiscrimination that were actually circulating at the time of its drafting. Moreover, as authors on race and law have pointed out, Congress itself lacked any African American representatives during the 1866–68 moment of transitional justice. The subsequent development of a “state action doctrine” limiting the reach of federal civil rights enforcement, in turn, eclipsed important contemporary understandings of the harms that Reconstruction-era initiatives sought to combat. In contrast to the oblique language …
Revitalizing Louisiana's Lost Chance Doctrine: Burchfield V. Wright Sheds Light On The Need For Medical Expenses, Madeleine K. Morgan
Revitalizing Louisiana's Lost Chance Doctrine: Burchfield V. Wright Sheds Light On The Need For Medical Expenses, Madeleine K. Morgan
Louisiana Law Review
The article discusses the Louisiana Supreme Court case "Burchfield v. Wright" to examine the use of the 'lost chance doctrine' in medical malpractice lawsuits under the Louisiana Medical Malpractice Act (MMA).
Let The Jury Decide! A Plea For The Proper Allocation Of Decision-Making Authority In Louisiana Negligence Cases, Thomas C. Galligan Jr.
Let The Jury Decide! A Plea For The Proper Allocation Of Decision-Making Authority In Louisiana Negligence Cases, Thomas C. Galligan Jr.
Journal Articles
No abstract provided.
Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer
Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer
Popular Media
No abstract provided.
The Impact Of Edwards V. Aguillard On Science Education In Louisiana Public Schools, Abigail Mcdonough
The Impact Of Edwards V. Aguillard On Science Education In Louisiana Public Schools, Abigail Mcdonough
Senior Honors Theses
The landmark Louisiana case Edwards v. Aguillard ushered in a new era of legislation in which certain ideas are discriminated against because of their religious basis. Due to the Court’s misinterpretation of evidence and employment of a faulty test for a secular purpose, the Court is responsible for disastrous and far-reaching implications. This thesis will examine how the 1987 Supreme Court case Aguillard shifted American science education away from the exploration of multiple competing theories of man’s origins in the classroom. Although America was founded on principles such as freedom of religion and thought which should be protected, the Aguillard …
Cc 73 And The Birth Of The Modern Louisiana Two-Party System, Wayne Parent, Jeremy Mhire
Cc 73 And The Birth Of The Modern Louisiana Two-Party System, Wayne Parent, Jeremy Mhire
Jeremy Mhire
No abstract provided.
A Budgetary Life Raft: An Analysis Of Louisiana's State And Local Sales Tax, Hayden O. Bigby
A Budgetary Life Raft: An Analysis Of Louisiana's State And Local Sales Tax, Hayden O. Bigby
Louisiana Law Review
The article discusses the state and local sales taxes in Louisiana, including their history, functions in local government administration, as well as the exemptions and exclusions.
The Best Defense Is No Offense: Reforming Louisiana's Security For Court Costs Statute, Bradley C. Guin
The Best Defense Is No Offense: Reforming Louisiana's Security For Court Costs Statute, Bradley C. Guin
Louisiana Law Review
The article discusses the security for court costs statute in Louisiana, as well as its history including its use in the early English common law, its comparison to other international jurisdictions, as well as some proposals for reform.
Lagniappe Liability: Limiting Employer's Vicarious Liability For Punitive Damages In Louisiana, Thomas C. Naquin
Lagniappe Liability: Limiting Employer's Vicarious Liability For Punitive Damages In Louisiana, Thomas C. Naquin
Louisiana Law Review
The article discusses the issue of vicarious liability for punitive damages in Louisiana, particularly the liability of employers for compensatory damages and punitive damages caused by tortfeasors under their employment.
Palliative Sedation And The Louisiana Natural Death Act, Frederick R. Parker Jr.
Palliative Sedation And The Louisiana Natural Death Act, Frederick R. Parker Jr.
Louisiana Law Review
The article discusses such topics as palliative sedation, assisted suicide, and euthanasia, as well as their legal implications under the Louisiana Natural Death Act.
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
F18rs Sgr No. 3 (Higher Ed. Funding), Jordan Landry, Edouard D'Espalungue, Jack Green, Catherine Mckinney, Cassidy Riley
F18rs Sgr No. 3 (Higher Ed. Funding), Jordan Landry, Edouard D'Espalungue, Jack Green, Catherine Mckinney, Cassidy Riley
Student Senate Enrolled Legislation
No abstract provided.
Requiescat In Pace: The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann
Requiescat In Pace: The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann
William & Mary Environmental Law and Policy Review
No abstract provided.