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Articles 31 - 60 of 5639
Full-Text Articles in Law
Frederick Bernays Wiener: Master Of Advocacy, Jed S. Rakoff
Frederick Bernays Wiener: Master Of Advocacy, Jed S. Rakoff
Louisiana Law Review
No abstract provided.
Properly Limiting The Lost Chance Doctrine In Medical Malpractice Cases: A Practitioners’ Rejoinder, Michael C. Mims, Richard S. Crisler
Properly Limiting The Lost Chance Doctrine In Medical Malpractice Cases: A Practitioners’ Rejoinder, Michael C. Mims, Richard S. Crisler
Louisiana Law Review
The article discusses the basic fairness issues over the lost chance doctrine in medical malpractice lawsuits, and why the Louisiana Second Circuit Court of Appeal is wrong and the Louisiana Supreme Court is right in the case Burchfield v. Wright.
A Modern-Day Gold-Rush: Applying Property Principles To Data Using Mineral Rights Concepts And The Rule Of Capture, Andrew Crayden
A Modern-Day Gold-Rush: Applying Property Principles To Data Using Mineral Rights Concepts And The Rule Of Capture, Andrew Crayden
Louisiana Law Review
The article discusses how to apply the principles of mineral rights, particularly the rule of capture, and property framework in the development of data privacy regulations to protect against data breaches and other internet crimes.
Multijurisdictional Practice And Transactional Lawyers: Time For A Rule That Is Honored Rather Than Honored In Its Breach, James Geoffrey Durham, Michael H. Rubin
Multijurisdictional Practice And Transactional Lawyers: Time For A Rule That Is Honored Rather Than Honored In Its Breach, James Geoffrey Durham, Michael H. Rubin
Louisiana Law Review
Model Rule 5.5 of the American Bar Association’s Model Rules of Professional Conduct1 addresses two interrelated issues: the unauthorized practice of law, which applies to lawyers and nonlawyers alike, and multijurisdictional practice, which applies to lawyers who are licensed to practice in one state but whose work may involve or take them to states where they are not licensed.
Ashes To Ashes—The Coronavirus, Ebola, And The Erosion Of Liberty And Property Interests In The Fight Against Communicable Diseases, Casey C. Dereus
Ashes To Ashes—The Coronavirus, Ebola, And The Erosion Of Liberty And Property Interests In The Fight Against Communicable Diseases, Casey C. Dereus
Louisiana Law Review
The article examines how national and state governments in the U.S. are exercising their authority to stop the spread of communicable diseases like COVID-19 and Ebola and their impacts on the rights of physical liberty and property rights of Americans.
There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.
There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.
Louisiana Law Review
In Exxon Shipping Co. v. Baker, the U.S. Supreme Court recognized the right to recover punitive damages in admiralty cases and held that punitive damages in the case before it could not exceed the amount of the compensatory damages awarded plus the amount of settlements in related cases. In so holding, the Court reviewed many studies related to punitive damages and said that in a case where the defendant’s conduct was reckless but not worse, where the damages awarded were substantial, and where the defendant was not motivated by profit a 1:1 ratio of punitive to compensatory damages was appropriate. …
I Declare Bankruptcy! Clearing The Jurisdictional Bar On Social Security Claims In Bankruptcy Courts, Elyce Ieyoub
I Declare Bankruptcy! Clearing The Jurisdictional Bar On Social Security Claims In Bankruptcy Courts, Elyce Ieyoub
Louisiana Law Review
The article explains the necessity for a legislative amendment to harmonize administrative law and bankruptcy jurisdiction on social security claims in the U.S.
A Historical Perspective On Public Access To Private Canals— Vermilion Corp. V. Vaughn, Jason P. Theriot
A Historical Perspective On Public Access To Private Canals— Vermilion Corp. V. Vaughn, Jason P. Theriot
Louisiana Law Review
No abstract provided.
Chain Of Fools: Why The Admissibility Bar Should Be Raised For Drug Evidence, Charles White
Chain Of Fools: Why The Admissibility Bar Should Be Raised For Drug Evidence, Charles White
Louisiana Law Review
No abstract provided.
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 …
A Universal Problem: The Universal Injunction, Hayden D. Presley
A Universal Problem: The Universal Injunction, Hayden D. Presley
Louisiana Law Review
The article discusses the appropriateness of and alternatives to the imposition of universal injunction in cases and controversies involving executive orders in the U.S.
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.
Wait Or Discriminate? Implications Of Tennessee Wine & Spirits Retailers Ass’N V. Thomas On The Alcohol Market, Kendall Dicke
Wait Or Discriminate? Implications Of Tennessee Wine & Spirits Retailers Ass’N V. Thomas On The Alcohol Market, Kendall Dicke
Louisiana Law Review
The article examines the implications of the U.S. Supreme Court decision in Tennessee Wine & Spirits Retailers Association v. Thomas for the regulation and function of the alcoholic beverage industry.
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.
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.
Disentangling Devries: A Manufacturer’S Duty To Warn Against The Dangers Of Third-Party Products, David Judd
Disentangling Devries: A Manufacturer’S Duty To Warn Against The Dangers Of Third-Party Products, David Judd
Louisiana Law Review
The article discusses the ruling by the U.S. Supreme Court in the case Air and Liquid Systems Corp. v. DeVries to examine issues on the product manufacturers' duty to warn against the dangers of third-party products.
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.
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.
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. …
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.
A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados
A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados
Louisiana Law Review
The article examines the concept of juridical act from both a comparative and Louisiana law perspective to establish the validity of the general theory of juridical acts and to determine the useful components drawn from each system.
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.
Le Deuxième Grand Dérangement: Expelling Louisiana’S Taking Of Private Property Through Article 450, Michael C. Schimpf
Le Deuxième Grand Dérangement: Expelling Louisiana’S Taking Of Private Property Through Article 450, Michael C. Schimpf
Louisiana Law Review
The article explains classification of things in Louisiana in relation to water bottom ownership and the state's protection of private property.
Let Louisiana’S Bastards Beat The Clock: It’S Time To Amend Article 197, Emily M. Gauthier
Let Louisiana’S Bastards Beat The Clock: It’S Time To Amend Article 197, Emily M. Gauthier
Louisiana Law Review
The article suggests that the Louisiana Legislature can bring clarity to the state's law and provide equity for children born out of wedlock by amending Louisiana Civil Code article 197.
A “Modern Family” Issue: Recategorizing Embryos In The 21st Century, Hannah C. Catchings
A “Modern Family” Issue: Recategorizing Embryos In The 21st Century, Hannah C. Catchings
Louisiana Law Review
The article explores the practical consequences that result from Louisiana's human embryo statutory scheme and the language used to define the legal status of pre-implantation embryos.
Will Formalities In Louisiana: Yesterday, Today, And Tomorrow, Ronald J. Scalise Jr.
Will Formalities In Louisiana: Yesterday, Today, And Tomorrow, Ronald J. Scalise Jr.
Louisiana Law Review
The article provides a brief history of wills against the backdrop of the purpose of the form requirements for wills and history of Louisiana's experience with will formalities, the law of yesterday and the law of today.
Permission Granted: The Requirement Of Consent Under The Louisiana Mineral Code, Patrick S. Ottinger
Permission Granted: The Requirement Of Consent Under The Louisiana Mineral Code, Patrick S. Ottinger
Louisiana Law Review
The article addresses the requirement of consent under the Louisiana Mineral Code, which represents the culmination of an effort to codify the law of Louisiana pertaining to mineral rights, including oil and gas.
Protecting A Defendant’S Right To Appeal Adverse Judgments Under Louisiana Code Of Civil Procedure Article 966(G), William Bell
Protecting A Defendant’S Right To Appeal Adverse Judgments Under Louisiana Code Of Civil Procedure Article 966(G), William Bell
Louisiana Law Review
The article addresses Louisiana Code of Civil Procedure Article 966(G) about the protection of a defendant's right to appeal adverse judgments.