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Full-Text Articles in Law

What Are Courts For? Have We Forsaken The Procedural Goldstandard?, Arthur R. Miller Apr 2018

What Are Courts For? Have We Forsaken The Procedural Goldstandard?, Arthur R. Miller

Louisiana Law Review

The article focuses on procedural gold standard in the civil justice system with stop signs such as personal jurisdiction, class actions and summary judgment and mentions privatization of civil dispute resolution.


Stranger Than Fiction: How Lawyers Can Accurately Andrealistically Tell A True Story By Using Fiction Writers’Techniques That Make Fiction Seem More Realistic Than Reality, Cathren Page Apr 2018

Stranger Than Fiction: How Lawyers Can Accurately Andrealistically Tell A True Story By Using Fiction Writers’Techniques That Make Fiction Seem More Realistic Than Reality, Cathren Page

Louisiana Law Review

The article focuses on how attorneys can make their true stories actually appear to be so by using some of the same techniques that fiction writers use to make fiction seem real and concept of verisimilitude and outlines some of the traits of the concrete.


Criminalization Of Cyberbullying: The Constitutionality Of Creatingan Online Neverland For Children Under A Tinker-Bell Analysis, Randall Morgan Briggs Apr 2018

Criminalization Of Cyberbullying: The Constitutionality Of Creatingan Online Neverland For Children Under A Tinker-Bell Analysis, Randall Morgan Briggs

Louisiana Law Review

The article focuses on criminal cyberbullying statute of Louisiana and significance of the fundamental right of free speech in the U.S. and exceptions to First Amendment protections recognized by the U.S. Supreme Court and changes to constitutional protection for children.


Doing Aweigh With Uncertainty: Navigating Jones Act Seamen’Sclaims Against Third Parties, Sara B. Kuebel Apr 2018

Doing Aweigh With Uncertainty: Navigating Jones Act Seamen’Sclaims Against Third Parties, Sara B. Kuebel

Louisiana Law Review

The article focuses on Jones Act as per which seaman may recover punitive damages from a third-party non-employer and law should afford seamen and non-seafarers the same protections under general maritime law against non-employer and protecting seamen as the wards of admiralty.


Revisiting The “Content-Of-Laws” Enquiry In International Arbitration, Soterios Loizou Apr 2018

Revisiting The “Content-Of-Laws” Enquiry In International Arbitration, Soterios Loizou

Louisiana Law Review

No abstract provided.


A New Natural Law Reading Of The Constitution, Santiago Legarre Apr 2018

A New Natural Law Reading Of The Constitution, Santiago Legarre

Louisiana Law Review

The article focuses on how natural law can factor into constitutional interpretation in subtle but significant ways and mentions natural law has two different levels of presence in constitutional law.


“Bring Your Gun To Work” And You’Re Fired: Terminatedemployees’ Potential Rights For Violations Of Parking Lot Laws, Malerie Leigh Bulot Apr 2018

“Bring Your Gun To Work” And You’Re Fired: Terminatedemployees’ Potential Rights For Violations Of Parking Lot Laws, Malerie Leigh Bulot

Louisiana Law Review

The article focuses on constitutionality of Parking Lot laws and tort of wrongful discharge with public policy and whistleblower and the issues regarding gun-storing employee's right of action against a former employer who violated a state's Parking Lot law.


You Sell Molly, I’Ll Sell Holly: Prosecuting Sex Trafficking In Theunited States, Tiffany Dupree Apr 2018

You Sell Molly, I’Ll Sell Holly: Prosecuting Sex Trafficking In Theunited States, Tiffany Dupree

Louisiana Law Review

The article focuses on facets of sex trafficking and addresses common misconceptions related to the crime and by making sex trafficking a strict liability crime and implementing innovative prosecution strategies equips the U.S. to abolish sex slavery.


Making Cle Voluntary And Pro Bono Mandatory: A Law Faculty Testcase, Rima Sirota Mar 2018

Making Cle Voluntary And Pro Bono Mandatory: A Law Faculty Testcase, Rima Sirota

Louisiana Law Review

The article focuses on removing mandatory continuing legal education (CLE) hours with pro bono service hours in teh U.S., and includes regulations protecting the legal profession and free legal representation; eliminating obstacles to CLE; and maintenance of client-attorney relationship.


Stronger Than The Storm: Disaster Law In A Defiant Age, Alexander B. Lemann Mar 2018

Stronger Than The Storm: Disaster Law In A Defiant Age, Alexander B. Lemann

Louisiana Law Review

The article focuses on the laws governing disaster in the U.S., and includes rebuilding after flood; enactment of Disaster Mitigation Act for addressing the same; and Lucas v. South Carolina Coastal Council court case on the same.


Attacking Tax Shelters: Galloping Toward A Better Step Transactiondoctrine, Jonathan D. Grossberg Mar 2018

Attacking Tax Shelters: Galloping Toward A Better Step Transactiondoctrine, Jonathan D. Grossberg

Louisiana Law Review

No abstract provided.


Ain't No Sunshine When It's Gone: The Future Of The Louisianasolar Initiative After The Demise Of The Solar Energy Income Taxcredit, Michael Seibert Mar 2018

Ain't No Sunshine When It's Gone: The Future Of The Louisianasolar Initiative After The Demise Of The Solar Energy Income Taxcredit, Michael Seibert

Louisiana Law Review

The article focuses on the impact of demise of the solar energy income tax credit in the U.S. on the future of the Louisiana solar initiative, and includes Louisiana's solar panel incentive structure; solar incentive legislation; and Louisiana's contribution to greenhouse gas emission.


Granting Chevron Deference To Irs Revenue Rulings: The "Charitable" Thing To Do, Kristin E. Oglesby Mar 2018

Granting Chevron Deference To Irs Revenue Rulings: The "Charitable" Thing To Do, Kristin E. Oglesby

Louisiana Law Review

The article focuses on the applicability of the standards of deference provided by the Chevron U.S.A. v. Natural Resources Defense Council, Inc. court case to U.S. Internal Revenue Service revenue rulings, and includes problems arising out of United States v. Mead Corp. court case.


Over-Manipulated And Under-Funded: Louisiana's Pension Problem And Its Impact On Public Employees, Alyssa Depew Mar 2018

Over-Manipulated And Under-Funded: Louisiana's Pension Problem And Its Impact On Public Employees, Alyssa Depew

Louisiana Law Review

The article focuses on challenges surrounding Louisiana's pension system, and its impact on public employees, and includes enactment of Social Security Act and Pension Protection Act for addressing the same; Louisiana State Employees' Retirement System; and offering benifits to public employees.


A Vote Against State Nonresident Contribution Limits, Ben Wallace Mar 2018

A Vote Against State Nonresident Contribution Limits, Ben Wallace

Louisiana Law Review

The article discusess history of federal campaign finance law in the U.S., and includes enactment of Federal Election Campaign Act for addressing the same; Buckley v. Valeo court case on the same; and state nonresident contribution limits.


Negating The Cost Of "I Do": Ending The United States Tax Code's Family Penalty Through Permissive Joint Filing, Christine D. Allie Mar 2018

Negating The Cost Of "I Do": Ending The United States Tax Code's Family Penalty Through Permissive Joint Filing, Christine D. Allie

Louisiana Law Review

No abstract provided.


Breaking The Seal Of Confession: Examining The Constitutionality Of The Clergy-Penitent Privilege In Mandatory Reporting Law, Caroline Donze Jan 2018

Breaking The Seal Of Confession: Examining The Constitutionality Of The Clergy-Penitent Privilege In Mandatory Reporting Law, Caroline Donze

Louisiana Law Review

The article focuses on intersection of mandatory reporting legislation and the clergy-penitent privilege illustrates a conflict between the public policy goal of protecting children and the constitutional right to Free Exercise of religion and negative effects on the reporting of child abuse.


From Hoodies To Kneeling During The National Anthem: The Colin Kaepernick Effect And Its Implications For K-12 Sports, Laura Rene Mcneal Jan 2018

From Hoodies To Kneeling During The National Anthem: The Colin Kaepernick Effect And Its Implications For K-12 Sports, Laura Rene Mcneal

Louisiana Law Review

The article focuses on prospective path toward safeguarding students' First Amendment free speech rights in K-12 schools and intersection of social activism and sports and the implications of this relationship for public school students and preservation of student freedom of expression rights.


An Inherent Contradiction: Corporate Discretion In Morals Clause Enforcement, Todd J. Clark Jan 2018

An Inherent Contradiction: Corporate Discretion In Morals Clause Enforcement, Todd J. Clark

Louisiana Law Review

The article focuses on the development and creation of the morals clause as a means to curb various types of expression and historical context of the development of the implied obligation of good faith and public policy considerations influence the enforceability of some contracts.


Swinging At The Facts: How Baseball Informs Legal Argument, Josephine (Jo) R. Potuto Jan 2018

Swinging At The Facts: How Baseball Informs Legal Argument, Josephine (Jo) R. Potuto

Louisiana Law Review

The article focuses on parallels between baseball and litigation and parallels also offer a convenient entree to a discussion of the relationship between baseball hitting and legal argument and parallel between baseball umpires and judges as rule-enforcers, not rule-makers.


A Prelude To Jenkins V. Ncaa: Amateurism, Antitrust Law, And The Role Of Consumer Demand In A Proper Rule Of Reason Analysis, Marc Edelman Jan 2018

A Prelude To Jenkins V. Ncaa: Amateurism, Antitrust Law, And The Role Of Consumer Demand In A Proper Rule Of Reason Analysis, Marc Edelman

Louisiana Law Review

The article focuses on prelude to the litigation in Jenkins v. National Collegiate Athletic Association (NCAA) and the underlying antitrust challenges to the NCAA rules in the case O'Bannon v. National Collegiate Athletic Association on the issue of consumer demand.


Enhancing “Education”: Rebalancing The Relationship Between Athletics And The University, William W. Berry Iii Jan 2018

Enhancing “Education”: Rebalancing The Relationship Between Athletics And The University, William W. Berry Iii

Louisiana Law Review

The article focuses on relationship with athletics exerting dominance over the university at many institutions relational shift consistent with the values of the National Collegiate Athletic Association (NCAA) and the college presidents to leverage the economic growth of intercollegiate athletics.


The Medical Malpractice Cure: Stitching Together The Coleman Factors, Sarah Nickel Jan 2018

The Medical Malpractice Cure: Stitching Together The Coleman Factors, Sarah Nickel

Louisiana Law Review

The article discusses the enactment of Louisiana Medical Malpractice Act (MMA) and advantages and disadvantages it entails for both health care providers and tort victims and the decision of the Louisiana Supreme Court in the case U.S. Dupny v. NMC Operating Company.


Keeping “I Do” Between Two: A Post-Obergefell Analysis Of A Bigamous Marriage And Its Implications For Louisiana’S Matrimonial Regime, Mclaurine H. Zentner Jan 2018

Keeping “I Do” Between Two: A Post-Obergefell Analysis Of A Bigamous Marriage And Its Implications For Louisiana’S Matrimonial Regime, Mclaurine H. Zentner

Louisiana Law Review

The article focuses on the U.S. expansion of individual rights and liberties and the significant ambiguities surrounding the Supreme Court's interpretation of the Due Process and Equal Protection clauses of the Fourteenth Amendment and constitutional analysis of Louisiana's criminal bigamy statute.


Memorandum From Student-Athletes To Schools: My Social Media Posts Regarding My Coaches Or My Causes Are Protected Speech—How The Nlrb Is Restructuring Rights Of Studentathletes In Private Institutions, Roger M. Groves Jan 2018

Memorandum From Student-Athletes To Schools: My Social Media Posts Regarding My Coaches Or My Causes Are Protected Speech—How The Nlrb Is Restructuring Rights Of Studentathletes In Private Institutions, Roger M. Groves

Louisiana Law Review

The article focuses on issue regarding whether student-athletes engaging in social activism are protected under National Labor Relations Act (NLRA) and legal issue when private colleges rules that prohibit or interfere with a student-athlete's speech.


Out Of House And Home: The Disparate Application Of Louisiana’S Eviction Laws To Mobile Home Owners, Jared A. Clark May 2017

Out Of House And Home: The Disparate Application Of Louisiana’S Eviction Laws To Mobile Home Owners, Jared A. Clark

Louisiana Law Review

The article focuses on the mobile home eviction laws in Louisiana and discusses disparate application of Louisiana's eviction laws to mobile home owners, background on mobile homes and the demographics of the people who own these homes; and problems caused by these laws to mobile home owners.


To Kill A Cuckoo Bird: Louisiana’S Dual Paternity Problem, Henry S. Rauschenberger May 2017

To Kill A Cuckoo Bird: Louisiana’S Dual Paternity Problem, Henry S. Rauschenberger

Louisiana Law Review

The article focuses on the Louisiana's law of filiation and the way it has given rise to the doctrinal problem of dual paternity, and discusses Department of Children and Family Services ex rel. A.L. v. Lowrie court case on same; and problem of forced dual paternity.


Boudreaux V. Cummings: Time To Interrupt An Erroneous Approach To Acquisitive Prescription, Cody J. Miller May 2017

Boudreaux V. Cummings: Time To Interrupt An Erroneous Approach To Acquisitive Prescription, Cody J. Miller

Louisiana Law Review

The article offers information on Louisiana Supreme Court case Boudreaux v. Cummings, focusing on problems that arise from the Court's failure in distinguishing between a servitude and the underlying land and incompetency of Court's application of civilian interpretation of the Civil Code.


The Def’S Of Liga: An Update To The Abc’S Of Liga, Stephanie B. Laborde, James E. Moore Jr., Heather Landry May 2017

The Def’S Of Liga: An Update To The Abc’S Of Liga, Stephanie B. Laborde, James E. Moore Jr., Heather Landry

Louisiana Law Review

The article offers information on ABC's of Louisiana Insurance Guaranty Association (LIGA), and discusses its role in interpreting and understanding the law applicable to the LIGA, and discusses its benefits to legal practitioners.


Solidarity In Overlapping Insurance Coverage: Rethinking Hoefly, Alex Robertson May 2017

Solidarity In Overlapping Insurance Coverage: Rethinking Hoefly, Alex Robertson

Louisiana Law Review

The article focuses on the Louisiana Civil Code on solidarity and its interpretation of solidarity arising from the law and its application in the insurance and discusses Hoefly v. Government Employees Insurance Company court case on same.