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Louisiana Law Review

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Louisiana Law Review

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“This Lawsuit Smacks Of Racism”: Disinformation, Racial Coding,And The 2020 Election, Atiba R. Ellis Mar 2022

“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.


The Coming Of The Fifteenth Amendment: The Republican Party And The Right To Vote In The Early Reconstruction Era, Earl Maltz Mar 2022

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 …


Voting Rights, Democracy, And The Constitution After January 6, 2021, Paul Finkelman Mar 2022

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 Mar 2022

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.


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 Mar 2022

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.


Permitting Gross-Ups For Title Vii Back-Pay Awards: A Gross Tax Issue, Gabrielle Domangue Mar 2022

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.


Reigning In Regulatory Overreach: Ferc’S Role In Bankruptcy, Bradley G. Oster Mar 2022

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.


In Defense: New York Times V. Sullivan, Matthew L. Schafer Dec 2021

In Defense: New York Times V. Sullivan, Matthew L. Schafer

Louisiana Law Review

The article discusses the U.S. Supreme Court case New York Times v. Sullivan which deals with the actual-malice requirement, the common law of libel, and public-official and public-figure libel plaintiffs.


The Zoom Paradox: Schrodinger’S Witness, Christopher J. Vidrine Dec 2021

The Zoom Paradox: Schrodinger’S Witness, Christopher J. Vidrine

Louisiana Law Review

The article explains the role of the common law and federal civil statutes in the evolution of convenience concept in civil procedure through the development of videoconferencing technology.


The “Nature” Of Seaman Status After Sanchez, Thomas C. Galligan Jr. Dec 2021

The “Nature” Of Seaman Status After Sanchez, Thomas C. Galligan Jr.

Louisiana Law Review

The article discusses a U.S. Supreme Court case involving welder Gilbert Sanchez who filed a complaint against his employer, Smart Fabricators of Texas LLC, after he sustained an injury at work, including information on pre-en banc proceedings and the application of seaman status jurisprudence.


Overruling Louisiana: Horizontal Stare Decisis And The Concept Of Precedent, Santiago Legarre, Christopher R. Handy Dec 2021

Overruling Louisiana: Horizontal Stare Decisis And The Concept Of Precedent, Santiago Legarre, Christopher R. Handy

Louisiana Law Review

The article discusses two U.S. Supreme Court cases, Ramos v. Louisiana and June Medical v. Russo, which deal with the concept of stare decisis that approached horizontal precedent and overruling.


The Limits Of Executive Power In Crisis In The Early Republic: Martin V. Mott—An Old Gray Mare—Reexamined Through Its Own History, Joshua E. Kastenberg Dec 2021

The Limits Of Executive Power In Crisis In The Early Republic: Martin V. Mott—An Old Gray Mare—Reexamined Through Its Own History, Joshua E. Kastenberg

Louisiana Law Review

The article discusses the structure of the militia under the U.S. Constitution including the political and military character of the War of 1812 and the analysis of the court case Martin v. Moth based on the circumstances surrounding the war.


Omnipotent Doctrine Of Law: The Ministerial Exception After Our Lady Of Guadalupe School V. Morrissey-Berru, Madeleine Breaux Dec 2021

Omnipotent Doctrine Of Law: The Ministerial Exception After Our Lady Of Guadalupe School V. Morrissey-Berru, Madeleine Breaux

Louisiana Law Review

The article discusses the U.S. Supreme Court case Our Lady of Guadalupe School v. Morrissey-Berru which deals with the ministerial exception, the Civil Rights Act of 1964, and the separation of the church and the state.


It’S What You Said And How You Said It: The Nlrb’S Attempt To Separate Employee Misconduct From Protected Activity In General Motors Llc, Casey Thibodeaux Dec 2021

It’S What You Said And How You Said It: The Nlrb’S Attempt To Separate Employee Misconduct From Protected Activity In General Motors Llc, Casey Thibodeaux

Louisiana Law Review

The article discusses a court case involving automobile company General Motors LLC which deals with the company's obligations under the National Labor Relations Act, antidiscrimination laws, and the application of employee discipline cases relating to protected activities.


The Qui Tam Question: Proper Pleading Requirements For Relators Under The Fca, P. Cullen Mcdonald Dec 2021

The Qui Tam Question: Proper Pleading Requirements For Relators Under The Fca, P. Cullen Mcdonald

Louisiana Law Review

The article offers information on the provisions of the False Claims Act in the U.S. including its history and complexities relating to lawsuits and pleading requirements.


Proceed With Caution: Readjusting The Procedural Requirements For Prenuptial Agreements Post-Acurio V. Acurio, Emily Hickman Jun 2021

Proceed With Caution: Readjusting The Procedural Requirements For Prenuptial Agreements Post-Acurio V. Acurio, Emily Hickman

Louisiana Law Review

The article discusses the need to amend the procedural requirements for prenuptial agreements under the Louisiana Civil Code following the Supreme Court's decision in Acurio v. Acurio which held that acknowledgment of an act under private signature must take place before the marriage.


Presumption Junction, What’S That Function: Louisiana Marriage And Parenthood Laws Post-Obergefell, Laura Tracy Jun 2021

Presumption Junction, What’S That Function: Louisiana Marriage And Parenthood Laws Post-Obergefell, Laura Tracy

Louisiana Law Review

The article proposes that the redrafting of article 185 of the Louisiana Civil Code would ensure that filiation laws are constitutionally sound under the Supreme Court's decision in Obergefell v. Hodges and guarantee that children of same-sex couples are given equitable standards under the law.


Portalis And Pound: A Debate On “Codification”, Alain A. Levasseur Jun 2021

Portalis And Pound: A Debate On “Codification”, Alain A. Levasseur

Louisiana Law Review

The article explores the views of jurist Jean-Etienne-Marie Portalis and legal scholar Roscoe Pound regarding the codification of law, and shows that Pound had accurately understood and appreciated the originality, inner wisdom, and drafting technique of the process of codification.


All Good Things Must Come To An End: The Launch, Life, And Loss Of A Mineral Servitude, Patrick S. Ottinger Jun 2021

All Good Things Must Come To An End: The Launch, Life, And Loss Of A Mineral Servitude, Patrick S. Ottinger

Louisiana Law Review

The article explores the various ways in which prescription accruing against a mineral servitude operates, and how extinguishment of the servitude might be avoided.


Fairness And The Putative Spouse, Mark Strasser Jun 2021

Fairness And The Putative Spouse, Mark Strasser

Louisiana Law Review

The article explains the differences among the U.S. states with respect to their treatment of putative spouses, with topics that include sincerity of belief, presumptions of good faith, and how the non-putative spouse should be treated.


Legal Education In Argentina: A Plea For Comparative Law In A Multicultural Environment, Agustín Parise Jun 2021

Legal Education In Argentina: A Plea For Comparative Law In A Multicultural Environment, Agustín Parise

Louisiana Law Review

The article explores multiculturalism and comparative law within law schools in Argentina, and includes an overview of the legal education and the challenges that education faces in the country.


Moral Truth And Constitutional Conservatism, Gerard V. Bradley Jun 2021

Moral Truth And Constitutional Conservatism, Gerard V. Bradley

Louisiana Law Review

Conservative constitutionalism is committed to "originalism," that is, to interpreting the Constitution according to its original public understanding. This defining commitment of constitutional interpretation is sound. For decades, however, constitutional conservatives have diluted it with a methodology of restraint, a normative approach to the judicial task marked by an overriding aversion to critical moral reasoning. In any event, the methodology eclipsed originalism and the partnership with moral truth that originalism actually entails. Conservative constitutionalism is presently a mélange of mostly unsound arguments against the worst depredations of Casey's Mystery Passage. The reason for the methodological moral reticence is easy to …


Let It All In? Expert Witness Qualification In Medical Malpractice Lawsuits, Benjamin M. Parks Jun 2021

Let It All In? Expert Witness Qualification In Medical Malpractice Lawsuits, Benjamin M. Parks

Louisiana Law Review

The article discusses expert witness qualification under Louisiana Revised Statutes Section 9:2794, and proposes that state legislature should revise statute to promote clarity and consistency for medical malpractice litigants.


The Underbelly Of The Criminal Justice System: A Critique And Proposed Reforms Of Parole Hearings In Louisiana, Brittany E. Williams Jun 2021

The Underbelly Of The Criminal Justice System: A Critique And Proposed Reforms Of Parole Hearings In Louisiana, Brittany E. Williams

Louisiana Law Review

The article recommends the amendment of laws governing parole hearings in Louisiana to align the procedure with the purpose of parole and to promote the state legislature's goal of focusing prison space on those who pose a serious threat to public safety.


Striving For Simplicity: Updates To Regulation S-K Items 101 And 105, John D. Frey Apr 2021

Striving For Simplicity: Updates To Regulation S-K Items 101 And 105, John D. Frey

Louisiana Law Review

The article discusses the amendments implemented by the U.S. Securities and Exchange Commission (SEC) to its Regulation S-K regulating the disclosure of non-financial statements for the benefits of both registrants and investors.


Multijurisdictional Practice And Transactional Lawyers: Time For A Rule That Is Honored Rather Than Honored In Its Breach, James Geoffrey Durham, Michael H. Rubin Apr 2021

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.


Sexual Misconduct By Louisiana Lawyers, N. Gregory Smith Apr 2021

Sexual Misconduct By Louisiana Lawyers, N. Gregory Smith

Louisiana Law Review

The article discusses how the Louisiana Supreme Court is disciplining state lawyers due to sexual misconduct and the implementation of the American Bar Association's (ABA) Model Rules of Professional Conduct rule 1.8(j) to Louisiana lawyers.


Properly Limiting The Lost Chance Doctrine In Medical Malpractice Cases: A Practitioners’ Rejoinder, Michael C. Mims, Richard S. Crisler Apr 2021

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.


Ashes To Ashes—The Coronavirus, Ebola, And The Erosion Of Liberty And Property Interests In The Fight Against Communicable Diseases, Casey C. Dereus Apr 2021

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.