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Louisiana State University Law Center

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Articles 1 - 30 of 6643

Full-Text Articles in Law

The Under-Enforcement Of Crimes Against Black Women, Lisa Avalos Jan 2023

The Under-Enforcement Of Crimes Against Black Women, Lisa Avalos

Journal Articles

It is well known that over-policing has a severe adverse impact on communities of color. What is less well known is that over-policing is accompanied by a corollary—a pervasive and systemic under-policing of violence against women of color. The refusal to see women of color as victims of crime who are worthy recipients of justice, and to minimize the severity of violence committed against them, are habits that are deeply embedded in the American system of [in]justice. From an 1855 Supreme Court decision refusing to recognize a female slave’s right to sexual autonomy to a prosecutor’s 2021 decision to prosecute …


Seeking Consent And The Law Of Sexual Assault, Lisa Avalos Jan 2023

Seeking Consent And The Law Of Sexual Assault, Lisa Avalos

Journal Articles

This article focuses on two neglected aspects of rape law. First, its tendency to presume sexual consent across a range of social contexts, overlooking the fact that much social life is predicated on a presumption against sexual contact. Second, its tendency to ignore a critical empirical fact: that an overwhelmingly large number of sexual assaults occur during the first-ever sexual contact between the specific parties involved—what I term “First Encounters.” The relationship between these two facets of rape law is crucial. Whereas much of social life operates with an underlying presumption that people have not consented to sex with others …


Performatives In Argentine Supreme Court Dissents: A Jurilinguistic Proposal For Civilian Change Based On The American Common Law, Mariano Vitetta Dec 2022

Performatives In Argentine Supreme Court Dissents: A Jurilinguistic Proposal For Civilian Change Based On The American Common Law, Mariano Vitetta

Journal of Civil Law Studies

This article explores a linguistic defect in how Argentine Supreme Court dissents are written. The reader of these dissents has a hard time distinguishing between a majority opinion and a dissenting opinion, because dissents are written “as if” they were deciding the case. The confusion results from the use of performative language in dissents when adherence to reality and a plain-language approach require modal verbs reflecting the language of suggestion. This is actually the way dissents are expressed in the United States, the jurisdiction from which the Argentine Supreme Court copied its constitutional design. To make the case against the …


The Doctrine Of Veil-Piercing Liability In Poland And Selected Countries: A Comparative Law Study, Mariusz Fras Dec 2022

The Doctrine Of Veil-Piercing Liability In Poland And Selected Countries: A Comparative Law Study, Mariusz Fras

Journal of Civil Law Studies

The separation of a company from its members, based on legal personality, is recognized as one of the fundamental principles of corporate law. It expresses the legal distinction between the two entities. A consequence of the separateness principle is that members are not liable for the debts of their companies, and companies cannot be held liable for the debts of their members. However, such consequences of the principle of mutual autonomy of companies and their members are in sharp contrast with commercial reality, in which intertwined corporate groups operate as a single economic entity. In market transactions, a subsidiary often …


Penalty Default Rules In Quebec Contract Law, Zackary Goldford Dec 2022

Penalty Default Rules In Quebec Contract Law, Zackary Goldford

Journal of Civil Law Studies

Few would deny that contract law is filled with default rules, but there has been a great deal of scholarly debate about their purposes and functions. Some American scholars have argued that there are default rules that do not align with most parties’ expectations; indeed, they impose a burden on one or both parties if they are not departed from. Departing from these default rules typically requires one or both parties to share information that they might have otherwise kept to themselves. These have been called “penalty default rules.” While there is a significant amount of scholarship on penalty default …


Natural And Artificial Neural Networks: The Chilean Legal Framework, Carlos Amunátegui Perelló Dec 2022

Natural And Artificial Neural Networks: The Chilean Legal Framework, Carlos Amunátegui Perelló

Journal of Civil Law Studies

Neuro-law and neuro-rights are emerging legal fields in the intersection of law, ethics, and technology. The aim of this study is to present the legal and scientific foundations of the matter, highlighting the Chilean regulation model on the problem.


Introductory Note To The English Translation Of The Civil Code Of North Korea, Joseph Cho Dec 2022

Introductory Note To The English Translation Of The Civil Code Of North Korea, Joseph Cho

Journal of Civil Law Studies

No abstract provided.


Successions Of Toney, Winston M. Faulk Dec 2022

Successions Of Toney, Winston M. Faulk

Journal of Civil Law Studies

No abstract provided.


Bilingual English-Spanish Louisiana Civil Code, Book Ii, Mariano Vitetta Dec 2022

Bilingual English-Spanish Louisiana Civil Code, Book Ii, Mariano Vitetta

Journal of Civil Law Studies

No abstract provided.


Caroline I.B. Laske, Law, Language And Change. A Diachronic Semantic Analysis Of Consideration In The Common Law, Warren Swain Dec 2022

Caroline I.B. Laske, Law, Language And Change. A Diachronic Semantic Analysis Of Consideration In The Common Law, Warren Swain

Journal of Civil Law Studies

No abstract provided.


Vernon Valentine Palmer, The Lost Translators Of 1808 And The Birth Of Civil Law In Louisiana, Mariano Vitetta Dec 2022

Vernon Valentine Palmer, The Lost Translators Of 1808 And The Birth Of Civil Law In Louisiana, Mariano Vitetta

Journal of Civil Law Studies

No abstract provided.


Complete V.14 Dec 2022

Complete V.14

Journal of Civil Law Studies

No abstract provided.


Cover, Masthead & Contents Dec 2022

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Avant-Propos Dec 2022

Avant-Propos

Journal of Civil Law Studies

No abstract provided.


Bilingual Korean-English Civil Code Of The Democratic People's Republic Or Korea, Joseph Cho Dec 2022

Bilingual Korean-English Civil Code Of The Democratic People's Republic Or Korea, Joseph Cho

Journal of Civil Law Studies

No abstract provided.


Wells Fargo Bank Minn., Nat’L Ass’N V. Holoway, Arthur H. Pearcy Dec 2022

Wells Fargo Bank Minn., Nat’L Ass’N V. Holoway, Arthur H. Pearcy

Journal of Civil Law Studies

No abstract provided.


Letter By John H. Tucker, Jr. On The 1969 Reprint Of The De La Vergne Volume, John H. Tucker Jr. Dec 2022

Letter By John H. Tucker, Jr. On The 1969 Reprint Of The De La Vergne Volume, John H. Tucker Jr.

Journal of Civil Law Studies

No abstract provided.


An Essay On Ideology And Legal Education In Micro Jurisdictions: The Example Of Jersey, David Marrani Dec 2022

An Essay On Ideology And Legal Education In Micro Jurisdictions: The Example Of Jersey, David Marrani

Journal of Civil Law Studies

This article explores the question of legal education in micro jurisdictions using the case of Jersey, a British Crown Dependency, positioned geographically, historically and culturally between two larger jurisdictions, France and the UK. It analyses how Jersey’s legal training is pulled towards those large “big neighbours,” rather than focusing on what makes its specificity and attraction. It questions how legal education in micro-jurisdiction is actually linked to ideology. The article starts with the following question: are we taking micro jurisdictions seriously? It then considers the routes to legal qualification in micro jurisdictions, before focusing specifically on the case of Jersey …


Codification Of Civil Law In Azerbaijan: History, Current Situation And Development Perspectives, Natig Khalilov Dec 2022

Codification Of Civil Law In Azerbaijan: History, Current Situation And Development Perspectives, Natig Khalilov

Journal of Civil Law Studies

The Civil Code is the second most important legal act in the country after the Constitution, and the first in terms of volume. Due to its important role in the lives of citizens, the Civil Code is sometimes informally referred to as the “Economic Constitution.” At the same time, the Civil Code is the main document setting the rules for a market economy. This article is devoted to the processes of codification of civil law in Azerbaijan over the past 100 years. During the twentieth century, through the codification of civil law, Azerbaijan has adopted three Civil Codes, far more …


The Constitutional Reshaping Of South Africa's Succession Laws, François Du Toit Dec 2022

The Constitutional Reshaping Of South Africa's Succession Laws, François Du Toit

Journal of Civil Law Studies

The South African Constitution of 1996 has had a significant im-pact on all the branches of South African law, including its succes-sion laws. The Constitution has transformatively reshaped im-portant aspects of South Africa's succession laws over the past two-and-a-half decades. This Article surveys the reshaping of two such aspects critically, namely (i) the extension of spousal inheritance under the Intestate Succession Act of 1987 and the Wills Act of 1953 as well as the extension of parental inheritance under the former statute; and (ii) the limitation of testamentary freedom. The afore-mentioned developments occurred by and large at the hands of …


Cole V. Thomas, Macy P. Spencer Dec 2022

Cole V. Thomas, Macy P. Spencer

Journal of Civil Law Studies

No abstract provided.


Cover Dec 2022

Cover

Louisiana Law Review

No abstract provided.


Let's Not Do Responsibility Skepticism, Ken M. Levy Nov 2022

Let's Not Do Responsibility Skepticism, Ken M. Levy

Journal Articles

I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminal, exacerbate mass incarcerations, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's 'illusionist' response to responsibility skeptics - that even if responsibility skepticism is correct, society should maintain a responsibility-realist/retributivist criminal justice system - is generally compelling, it would not work if a majority of society were to convert, theoretically and …


July 2022 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions Jul 2022

July 2022 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.


The Importance Of Looking Under The 'Administrative Hood': A Case Study Of The National Waters Protection Rule, Nicholas S. Bryner, Victor Byers Flatt Jul 2022

The Importance Of Looking Under The 'Administrative Hood': A Case Study Of The National Waters Protection Rule, Nicholas S. Bryner, Victor Byers Flatt

Journal Articles

In an era of legislative gridlock, policy by administrative action has expanded, with major swings occurring when the political party of the presidency changes. These policy disputes have spilled into the third branch with a concomitant increase in legal challenges seeking judicial review of such actions. At the same time, both Republican and Democratic Administrations have made cost-benefit analysis the currency of federal rulemaking in the executive branch.

The combination of the expansion of cost-benefit analysis and the increased litigation over rulemaking has increased the importance of economic and scientific justifications in both the promulgation and revision of administrative actions. …


Justice For All: Examining Bostock V. Clayton County’S Impact On Louisiana Employment Discrimination Law, Lane Simon May 2022

Justice For All: Examining Bostock V. Clayton County’S Impact On Louisiana Employment Discrimination Law, Lane Simon

LSU Journal for Social Justice & Policy

No abstract provided.


Louisiana’S Criminal Defense Dilemma: Working Toward A Disaster Resistant Future, Tyler Duffy May 2022

Louisiana’S Criminal Defense Dilemma: Working Toward A Disaster Resistant Future, Tyler Duffy

LSU Journal for Social Justice & Policy

No abstract provided.


Voting Able: Accessible In-Person Voting For Persons With Disabilities, Keiara T. B. Fort May 2022

Voting Able: Accessible In-Person Voting For Persons With Disabilities, Keiara T. B. Fort

LSU Journal for Social Justice & Policy

No abstract provided.


Faculty May 2022

Faculty

LSU Journal for Social Justice & Policy

No abstract provided.


Table Of Contents May 2022

Table Of Contents

LSU Journal for Social Justice & Policy

No abstract provided.