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Articles 61 - 90 of 6695
Full-Text Articles in Law
No.52 - December 2022, Center Of Civil Law Studies
No.52 - December 2022, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Let's Not Do Responsibility Skepticism, Ken M. Levy
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 …
Statutory Interpretation And Agency Disgorgement Power, Caprice L. Roberts
Statutory Interpretation And Agency Disgorgement Power, Caprice L. Roberts
Journal Articles
What happens when obstacles foreclose claims and threaten to leave parties without adequate relief? Or, when the cause of action escapes conventional classification? Or, when Supreme Court decisions frustrate private litigation causing pressure for public enforcement by agencies? Or, when individuals engage in novel forms of wrongdoing that the law may fail to reach? It becomes hard to resist the siren call of equity and its powerful remedies. This trend includes sweeping national injunctions, constructive trusts, and more. Disgorgement is also one such remedy, and its popularity is rising in terms of private and public applications and challenges. It is …
Multicultural Populations And Mixed Legal Systems In The United States: Louisiana And Puerto Rico, Olivier Moréteau, Luis Muniz Arguelles
Multicultural Populations And Mixed Legal Systems In The United States: Louisiana And Puerto Rico, Olivier Moréteau, Luis Muniz Arguelles
Journal Articles
No abstract provided.
July 2022 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
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
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
Justice For All: Examining Bostock V. Clayton County’S Impact On Louisiana Employment Discrimination Law, Lane Simon
LSU Law Journal for Social Justice & Policy
No abstract provided.
Louisiana’S Criminal Defense Dilemma: Working Toward A Disaster Resistant Future, Tyler Duffy
Louisiana’S Criminal Defense Dilemma: Working Toward A Disaster Resistant Future, Tyler Duffy
LSU Law Journal for Social Justice & Policy
No abstract provided.
Voting Able: Accessible In-Person Voting For Persons With Disabilities, Keiara T. B. Fort
Voting Able: Accessible In-Person Voting For Persons With Disabilities, Keiara T. B. Fort
LSU Law Journal for Social Justice & Policy
No abstract provided.
The Racial Politics Of Fair Use Fetishism, Anjali Vats
The Racial Politics Of Fair Use Fetishism, Anjali Vats
LSU Law Journal for Social Justice & Policy
No abstract provided.
“A Time To Train” The Next Generation Of Legal Professionals To Become Culturally Competent While Practicing Humility, Deleso A. Alford
“A Time To Train” The Next Generation Of Legal Professionals To Become Culturally Competent While Practicing Humility, Deleso A. Alford
LSU Law Journal for Social Justice & Policy
No abstract provided.
Helpless By Law: Enduring Lessons From A Century-Old Tragedy, Raymond T. Diamond, Robert J. Cottrol
Helpless By Law: Enduring Lessons From A Century-Old Tragedy, Raymond T. Diamond, Robert J. Cottrol
Journal Articles
This essay examines questions of violence and self-defense in African American history. It does so by contrasting historical patterns of racist anti-Black violence prevalent in the nineteenth and early twentieth century, as exemplified by the destruction of the Greenwood community in Tulsa Oklahoma in 1921, with the current phenomenon of Black-on-Black violence in modern inner-city communities. Although circumstances have changed greatly in the century since the destruction of Greenwood, two phenomena persist: 1. the failure of authorities to protect Black communities and their residents, and 2. efforts by authorities to use the law or law enforcement to disarm members of …
The Coming Of The Fifteenth Amendment: The Republican Party And The Right To Vote In The Early Reconstruction Era, Earl Maltz
Louisiana Law Review
The year 2020 marked the 150th anniversary of the ratification of the Fifteenth Amendment, the last of the three Reconstruction Amendments that fundamentally transformed both the structure of the Constitution and the nature of American federalism. The Fifteenth Amendment differed
from its predecessors in a number of important ways. First, it was the only one of the Reconstruction Amendments and remains the only part of the entire Constitution to focus explicitly on race. In addition, the amendment became the first provision of the Constitution to limit the power of the state governments to establish the qualifications for voters in elections …
“This Lawsuit Smacks Of Racism”: Disinformation, Racial Coding,And The 2020 Election, Atiba R. Ellis
“This Lawsuit Smacks Of Racism”: Disinformation, Racial Coding,And The 2020 Election, Atiba R. Ellis
Louisiana Law Review
The essay exposes racism in the lawsuit filed by then U.S. President Donald Trump's campaign that led to the 2021 Capitol Insurrection, discusses racial coding and voting rights realism and considers disinformation events and voter fraud myth on racist conduct during the 2020 presidential election.
Voting Rights, Democracy, And The Constitution After January 6, 2021, Paul Finkelman
Voting Rights, Democracy, And The Constitution After January 6, 2021, Paul Finkelman
Louisiana Law Review
The article looks into the history of voter suppression in the U.S. to understand the need for the Voting Rights Act of 1965 and examines the current state of voting rights and democratic system of government in various U.S. states after the January 6, 2021 attack at the Capitol Building.
The Great Escape: Exploring Chapter 11’S Allure To Mass Tort Defendants, Natalie R. Earles
The Great Escape: Exploring Chapter 11’S Allure To Mass Tort Defendants, Natalie R. Earles
Louisiana Law Review
The article explores Chapter 11 bankruptcy proceedings as a defense strategy used by mass tort defendants to escape unfavorable litigation and proposes the U.S. Congress to revise the Bankruptcy Code to disincentivize the misuse of bankruptcy power.
Permitting Gross-Ups For Title Vii Back-Pay Awards: A Gross Tax Issue, Gabrielle Domangue
Permitting Gross-Ups For Title Vii Back-Pay Awards: A Gross Tax Issue, Gabrielle Domangue
Louisiana Law Review
The article details the conflicting opinions of U.S. federal district and circuit courts on whether gross-ups are permitted for Title VII lump-sum back-pay awards and explores the effect of federal income taxation on Title VII awards as well as factors to consider for determining gross-ups.
Tipping The Cap To Practical And Equitable Considerations: The Supreme Court Should Refuse To Apply 11 U.S.C. § 502 (B)(6)’S Cap To Non-Rent Damages, Andrew K. Chenevert
Tipping The Cap To Practical And Equitable Considerations: The Supreme Court Should Refuse To Apply 11 U.S.C. § 502 (B)(6)’S Cap To Non-Rent Damages, Andrew K. Chenevert
Louisiana Law Review
The article argues for the U.S. Supreme Court to refuse to apply Section 502(b)(6) of the U.S. Constitution, which sets a cap on landlord's recoverable damages resulting from termination of a lease of real property, to non-rent damages.
Reigning In Regulatory Overreach: Ferc’S Role In Bankruptcy, Bradley G. Oster
Reigning In Regulatory Overreach: Ferc’S Role In Bankruptcy, Bradley G. Oster
Louisiana Law Review
The article examines points of law governing the role and jurisdiction of the U.S. Federal Energy Regulatory Commission (FERC), including the Federal Power Act's (FPA) field rate doctrine and Mobile-Sierra doctrine and the Bankruptcy Code, in bankruptcy-related litigations.
February 2022 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
February 2022 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
Louisiana Bar Exams
No abstract provided.
Cross-Statute Employment Discrimination Claims And The Need For A "Super Statute", William R. Corbett
Cross-Statute Employment Discrimination Claims And The Need For A "Super Statute", William R. Corbett
Journal Articles
Employment discrimination law is almost sixty years old in the United States. The law has developed under several different statutes enacted by Congress at different times. Congress has amended the statutes over the years, almost always in reaction to Supreme Court decisions with which it disagrees. The Supreme Court and the lower courts then interpret these piecemeal repairs of the law. This approach has produced a body of employment discrimination law in which there are significant asymmetries among the protected characteristics and the several statutes. These asymmetries produce both practical and theoretical problems, creating employment discrimination law that is cumbersome …
Legal Uncertainties: Covid-19, Distance Learning, Bar Exams, And The Future Of U.S. Legal Education, Christine Corcos
Legal Uncertainties: Covid-19, Distance Learning, Bar Exams, And The Future Of U.S. Legal Education, Christine Corcos
Journal Articles
The COVID-19 pandemic forced the U.S. legal academy and legal profession to make changes to legal education and training very rapidly in order to accommodate the needs of students, graduates, practitioners, clients, and the public. Like most of the public, members of the profession assumed that most, if not all, of the changes would be temporary, and life would return to a pre-pandemic normal.
These assumed temporary changes included a rapid and massive shift to online teaching for legal education, to online administration of the bar exam in some jurisdictions, or the option to offer the diploma privilege in others. …
Louisiana Oil & Gas Update, Keith B. Hall
The Corporate Forum, Christina M. Sautter, Sergio Alberto Gramitto Ricci
The Corporate Forum, Christina M. Sautter, Sergio Alberto Gramitto Ricci
Journal Articles
In this response to Professor Jill Fisch’s article "GameStop and the Reemergence of the Retail Investor," we focus on one of the risks associated with the growth of retail investing that Fisch surveys, uncontrolled information sourcing. Drawing on our work on retail investors, we revisit an instrument dear to the U.S. Securities and Exchange Commission, whose potential has not been unleashed so far, the corporate forum. Our response succinctly discusses the main mechanics of the corporate forum, the benefits the corporate forum could provide, and the feasibility hurdles that might undermine the success of corporate forums.