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Articles 1 - 30 of 43
Full-Text Articles in Law
Empire, Trade, And The Use Of Agents In The 19th Century: The “Reception” Of The Undisclosed Principal Rule In Louisiana Law And Scots Law, Laura Macgregor
Empire, Trade, And The Use Of Agents In The 19th Century: The “Reception” Of The Undisclosed Principal Rule In Louisiana Law And Scots Law, Laura Macgregor
Louisiana Law Review
The article discusses the importance of the undisclosed agency concept in agency law in Scots law and Louisiana law in the 19th century, including its theories of origin, use by agents, and importance in trade.
Custom As A Source Of Law In Louisiana, Gail S. Stephenson
Custom As A Source Of Law In Louisiana, Gail S. Stephenson
Louisiana Law Review
The article discusses the Louisiana Civil Code to examine the intent of the state legislature when it established custom as a main source of law in the 1987 amendment, as well as the historical basis of consuetudinary law and the relationship of custom and jurisprudence.
How Trust-Like Is Russia's Fiduciary Management? Answers From Louisiana, Markus G. Puder, Anton D. Rudokvas
How Trust-Like Is Russia's Fiduciary Management? Answers From Louisiana, Markus G. Puder, Anton D. Rudokvas
Louisiana Law Review
The article discusses estate trust management and fiduciary management under the Civil Code of the Russian Federation, its comparison to the trust law in Louisiana and some examples of Russian jurisprudence on the topics.
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.
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.
Businesspersons, Governments, And International Law, Halil Rahman Basaran
Businesspersons, Governments, And International Law, Halil Rahman Basaran
Louisiana Law Review
The article sets forth evidence to substantiate the dynamics and tensions among businessperson, governments and international law with particular focus on issues related to controlling the development of cryptocurrencies through taxation, regulation or even prohibition.
Smokin’ Hot: Ethical Issues For Lawyers Advising Business Clients In States With Legalized Medical Or Recreational Marijuana, Michael H. Rubin
Smokin’ Hot: Ethical Issues For Lawyers Advising Business Clients In States With Legalized Medical Or Recreational Marijuana, Michael H. Rubin
Louisiana Law Review
The article examines ethical issues on the responsibilities of lawyers as professional and as officer of the court under the Model Rules of Professional Conduct of the American Bar Association and lawyers obligation to uphold the law in advising business clients in states with legalized use of marijuana.
Equal Voting Rights Require Removing Race And Partisan Discrimination From Elections And Legislative Gerrymandering, L. Darnell Weeden
Equal Voting Rights Require Removing Race And Partisan Discrimination From Elections And Legislative Gerrymandering, L. Darnell Weeden
Louisiana Law Review
The article challenges the U.S. to reevaluate the fundamental right to vote against racial targeting and urges the U.S. Supreme Court to reject the belief that race should be justified as a factor in legislative gerrymandering because it is too sensitive a factor to be considered when gerrymandering.
The Partisan Ranger Act: The Confederacy And The Laws Of War, Winthrop Rutherfurd
The Partisan Ranger Act: The Confederacy And The Laws Of War, Winthrop Rutherfurd
Louisiana Law Review
The article examines the Partisan Ranger Act as a novel expression of competing legal forces in the history of America's laws of war that John Fabian Witt in his book "Lincoln's Code: The Laws of War in American History" identified but did not explore.
Overcoming The Surge: How Clark V. City Of Seattle Highlights The Conflicts Between Federal, State, And Local Labor Laws, Brooke C. Bahlinger
Overcoming The Surge: How Clark V. City Of Seattle Highlights The Conflicts Between Federal, State, And Local Labor Laws, Brooke C. Bahlinger
Louisiana Law Review
The article examines the case Clark v. City of Seattle which addresses the advantages of regulating gig workers, particularly rideshare drivers, at the federal level while demonstrating how an amendment to the National Labor Relations Act (NLRA) accomplishes that regulation.
Missing The Forest For The Weeds: Filling The Holes In Louisiana’S Medical Marijuana Statutes To Protect Employees, Catherine Briley
Missing The Forest For The Weeds: Filling The Holes In Louisiana’S Medical Marijuana Statutes To Protect Employees, Catherine Briley
Louisiana Law Review
The article discusses the status, as of May 2019, of marijuana legislation in the U.S. at both federal and state levels, with focus on the state of Louisiana, in the context of employment law, including significant court decisions that either uphold or dismiss statutory protections from wrongful termination for marijuana use.
Faith In Title Vii: It’S A Matter Of Belief, Anna E. Reed
Faith In Title Vii: It’S A Matter Of Belief, Anna E. Reed
Louisiana Law Review
The article examines the challenges inherent in the protection of religious beliefs pursuant to Title VII of the Civil Rights Act of 1964 in the court cases U.S. Employment Commission v. Consol Energy and McCrory v. Rapides Regional Medical Center and explains the benefits of a proper sincerity analysis to the court, employers and employees.
Playing For Pay Or Playing To Play: Student-Athletes As Employees Under The Fair Labor Standards Act, Christine Colwell
Playing For Pay Or Playing To Play: Student-Athletes As Employees Under The Fair Labor Standards Act, Christine Colwell
Louisiana Law Review
The article analyzes the National Collegiate Athletics Association (NCAA) amateurism principles in relations to the National Labor Relations Act (NLRA) in the lawsuit Berger v. NCAA and proposes a revision of the NCAA amateurism principles to decrease litigation related to the matter.
Appealing Standards: Louisiana’S Constitutional Provision Governing Appellate Review Of Criminal Facts, Scott Crichton, Stuart Kottle
Appealing Standards: Louisiana’S Constitutional Provision Governing Appellate Review Of Criminal Facts, Scott Crichton, Stuart Kottle
Louisiana Law Review
The article offers a look at the Louisiana Constitution and discusses the constitutional provision governing appellate review of criminal cases.
Policy, Principle, Or Values: An Exploration Of Judicial Decision-Making, R.J. Cahill-O’Callaghan, B.J. Richards
Policy, Principle, Or Values: An Exploration Of Judicial Decision-Making, R.J. Cahill-O’Callaghan, B.J. Richards
Louisiana Law Review
The article reveals the values underpinning judicial decisions in three cases in which the complexity and legal uncertainty divided the court and argues that the language of public policy is used to frame a decision based on judicial values.
When The First Amendment Compels An Offensive Result: Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, James Hart
Louisiana Law Review
The article discusses the court case Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, decided by the U.S. Supreme Court in June of 2018, wherein the plaintiff alleged discrimination based on sexual orientation.
All Rape Is Not Created Equal: A Cure For The Ambiguity Of Consent In Louisiana’S Third-Degree Rape Statute, Jourdan E. Moschitta Curet
All Rape Is Not Created Equal: A Cure For The Ambiguity Of Consent In Louisiana’S Third-Degree Rape Statute, Jourdan E. Moschitta Curet
Louisiana Law Review
The article discusses the development of the current third-degree rape regime in Louisiana, introduces the expansion of the consent clause and examines how consent is defined in Louisiana's courtrooms.
The Plight Of The Unpopular Poor: Sex Offender Registration And Notification Costs To Indigent Offenders In Louisiana, Justin Dicharia
The Plight Of The Unpopular Poor: Sex Offender Registration And Notification Costs To Indigent Offenders In Louisiana, Justin Dicharia
Louisiana Law Review
The article explores the inadequacies to indigent offenders in the sex offender registration and notification laws of Louisiana and recommends solutions to fix them.
States’ Rights To Protect Gun-Owning Patients From Politicized Physician Speech, Frank Griffin M.D., J.D.
States’ Rights To Protect Gun-Owning Patients From Politicized Physician Speech, Frank Griffin M.D., J.D.
Louisiana Law Review
The article examines the U.S. states' obligations to protect patients' best interests and evaluates physicians' free speech rights in the patient-physician relationship.