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Full-Text Articles in Law

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.


Real Rights Of Noncompetition: Louisiana Public Policy And The Civil Tradition, Alex Hotard May 2017

Real Rights Of Noncompetition: Louisiana Public Policy And The Civil Tradition, Alex Hotard

Louisiana Law Review

The article focuses on the enforceability of real rights of noncompetition in Louisiana, and discusses background of Louisiana real rights and personal obligations; role of Louisiana courts in embracing certain real rights of noncompetition; and its impact on public policy.


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.


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.


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.


Reorienting Home Rule: Part 2–Remedying The Urban Disadvantage Through Federalism And Localism, Paul A. Diller May 2017

Reorienting Home Rule: Part 2–Remedying The Urban Disadvantage Through Federalism And Localism, Paul A. Diller

Louisiana Law Review

The article focuses on the impact of the urban disadvantage on federal preemption in Louisiana, and discusses remedying the urban disadvantage through federalism and localism; and use of constitutional home rule for helping urban disadvantage that exists in state legislatures.


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.


A First Amendment Deference Approach To Reforminganti-Bullying Laws, Emily Suski Mar 2017

A First Amendment Deference Approach To Reforminganti-Bullying Laws, Emily Suski

Louisiana Law Review

The article focuses on the problems of bullying among students and the use of U.S. First Amendment deference approach for reforming anti-bullying laws in the U.S., it also mentions effects of bullying; First Amendment anti-bullying law doctrine on overbreadth; and deferential standards.


Seeking A Definition Of Medical Futility With Reference To The Louisiana Natural Death Act, Frederick R. Parker Jr. Mar 2017

Seeking A Definition Of Medical Futility With Reference To The Louisiana Natural Death Act, Frederick R. Parker Jr.

Louisiana Law Review

The article focuses on the issues of medical futility with respect to Louisiana Natural Death Act, and mentions concept of personhood and the right of a severely incapacitated patient to accept or refuse treatment; and conceptual issues of the medical futility.


Inconsistency With The Internal Consistency Test, Mackenzie Catherine Schott Mar 2017

Inconsistency With The Internal Consistency Test, Mackenzie Catherine Schott

Louisiana Law Review

The article examines the constitutionality of a Maryland tax law focusing on the U.S. Supreme Court case Comptroller of the Treasury of Maryland v. Wynne, and mentions history of state taxation under the dormant Commerce Clause; and use of internal consistency test by the Supreme Courts in Wynne.


Mind The Gap: Bridging Gender Wage Inequality In Louisiana, Katilyn Hollowell Mar 2017

Mind The Gap: Bridging Gender Wage Inequality In Louisiana, Katilyn Hollowell

Louisiana Law Review

The article focuses on issues of gender wage inequality in the U.S., and mentions history of the gender wage gap; federal and state statutory frameworks governing wage discrimination; and federal and state laws governing equal pay rights and unlawful employment practices.


Domestic Drone Surveillance: The Court’S Epistemic Challengeand Wittgenstein’S Actional Certainty, Robert Greenleaf Brice, Katrina L. Sifferd Mar 2017

Domestic Drone Surveillance: The Court’S Epistemic Challengeand Wittgenstein’S Actional Certainty, Robert Greenleaf Brice, Katrina L. Sifferd

Louisiana Law Review

The article focuses on the domestic drone surveillance in the U.S. and mentions U.S. Fourth Amendment and the different legal standards of proof that might apply to law enforcement for the use of drones; and role of U.S. Supreme Court in determining epistemic challenge of privacy.


Unveiling Management’S Crystal Ball, Eric R. Harper Mar 2017

Unveiling Management’S Crystal Ball, Eric R. Harper

Louisiana Law Review

The article focuses on the item 303 disclosures of U.S. Securities and Exchange Commission for preventing private securities fraud causes of action by the companies, and mentions reporting companies to disclose information about the companies' plans for the future of their businesses.


Precarious Possession, John A. Lovett Mar 2017

Precarious Possession, John A. Lovett

Louisiana Law Review

The article focuses on the precarious possession cases in Louisiana, and mentions acquisitive prescription in civil law; issues of bad-faith acquisitive prescription overcoming the rights of formal titleholders; and Louisiana Supreme Court case Boudreaux v. Cummings case on same.


Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades Dec 2016

Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades

Louisiana Law Review

The article focuses on the income inequality entirely within the control of governments with the unfair taxation across every state in one fell swoop with the progressive state tax credit (PSTC) and federal income tax deduction for state tax payments and tax policy of constitutional law.


The Legality Of Extraterritorial Application Of Competition Law And The Need To Adopt A Unified Approach, Thanh Phan Dec 2016

The Legality Of Extraterritorial Application Of Competition Law And The Need To Adopt A Unified Approach, Thanh Phan

Louisiana Law Review

The article focuses on the international law and the foundation of the extraterritorial application of competition law (EACL) and proposes a unified approach for all countries to use when considering the extraterritorial application of competition law.


22nd Time’S The Charm: The 2015 Revisions To Summary Judgment In Louisiana, Garrett Filetti Dec 2016

22nd Time’S The Charm: The 2015 Revisions To Summary Judgment In Louisiana, Garrett Filetti

Louisiana Law Review

The article focuses on the overview of summary judgment, the process for making the motion, and the history of the procedure in both federal and Louisiana state courts and practitioners to make motions for summary judgment an integral part of trial preparation.


Aliens Among Us: Factors To Determine Whether Corporations Should Face Prosecution In U.S. Courts For Their Actions Overseas, Dustin Cooper Dec 2016

Aliens Among Us: Factors To Determine Whether Corporations Should Face Prosecution In U.S. Courts For Their Actions Overseas, Dustin Cooper

Louisiana Law Review

The article examines the unresolved issue of corporate liability under the Alien Tort Statute (ATS) by exploring the holdings of seminal cases with the decision of the U.S. Supreme Court in the case Kiobel v. Royal Dutch Petroleum Co. on presumption against extraterritorial application.


We Need A Fracking Baseline, Ryan King Dec 2016

We Need A Fracking Baseline, Ryan King

Louisiana Law Review

The article focuses on the theories of liability available to injured landowners and the evidentiary requirements' prevention of an equitable resolution regardless of whether strict liability is imposed on hydraulicfracturing.


The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law And Policy, Arthur L. Rizer Iii Dec 2016

The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law And Policy, Arthur L. Rizer Iii

Louisiana Law Review

The article explores the relationship between national security and immigration law in the U.S. with the legal framework of immigration law including provisions of the Immigration and Nationality Act and the need of protecting the borders, population control, and the essence of the rule of law.


Reorienting Home Rule: Part 1–The Urban Disadvantage In National And State Lawmaking, Paul A. Diller Dec 2016

Reorienting Home Rule: Part 1–The Urban Disadvantage In National And State Lawmaking, Paul A. Diller

Louisiana Law Review

The article focuses on democratic legitimacy of the federal and state lawmaking processes from the perspective of large and densely populated urban areas with the issues such as gerrymandering and the state constitutional home rule doctrine with urban disadvantage.


Outkicking The Coverage: The Unionization Of College Athletes, Tim Robinson Dec 2016

Outkicking The Coverage: The Unionization Of College Athletes, Tim Robinson

Louisiana Law Review

The article focuses on two-pronged solution in which the U.S. National Labor Relations Board (NLRB) would recognize scholarship college athletes as employees under the National Labor Relations Act (NLRA) and their rights restricted from collective bargaining.


The Lack Of Money Is The Root Of All Evil: Louisiana’S Ban On Bail Without Surety, Gabriel Loupe Oct 2016

The Lack Of Money Is The Root Of All Evil: Louisiana’S Ban On Bail Without Surety, Gabriel Loupe

Louisiana Law Review

The article presents a historical overview of bail and due process of law in Louisiana. Topics discussed include the Louisiana Code of Criminal Procedure article 334.4 imposes a ban on judges releasing defendants; constitutionality of Article 334.4; and laws aimed to prevent violation of procedural due process, equal protection, and the excessive bail clauses of the Louisiana.


The Road To Understanding The Confrontation Clause: Ohio V. Clark Makes A U-Turn, Julien Petit Oct 2016

The Road To Understanding The Confrontation Clause: Ohio V. Clark Makes A U-Turn, Julien Petit

Louisiana Law Review

The article discusses the Confrontation Clause and summarizes the state of the law before the U.S. Supreme Court's decision in the case "Ohio v. Clark." Topics discussed include problems that the decision caused and how these problems affect the admissibility of statements into evidence; and ways in which use of Confrontation Clause teat can eliminate confusion related to issue.


Cell Phone Location Tracking: Reforming The Standard To Reflect Modern Privacy Expectations, Shannon Jaeckel Oct 2016

Cell Phone Location Tracking: Reforming The Standard To Reflect Modern Privacy Expectations, Shannon Jaeckel

Louisiana Law Review

The article examines the history of cell site location information (CSLI) technology and the relevant federal statutes. Topics discussed include mechanics and content of CSLI data; advances in CSLI technology and the importance of this information to law enforcement; and need of Louisiana legislature be proactive in adopting a comprehensive CSLI.


Incomplete Sentences: Hobby Lobby’S Corporate Religious Rights, The Criminally Culpable Corporate Soul, And The Case For Greater Alignment Of Organizational And Individual Sentencing, Kenya J.H. Smith Oct 2016

Incomplete Sentences: Hobby Lobby’S Corporate Religious Rights, The Criminally Culpable Corporate Soul, And The Case For Greater Alignment Of Organizational And Individual Sentencing, Kenya J.H. Smith

Louisiana Law Review

The article explores the history and policies that explain the disparate sentencing treatment of organizations and individuals under the Sentencing Reform Act of 1984 and attendant sentencing guidelines. It reports the Supreme Court's recognition of a business corporation's religious rights in the case "Burwell v. Hobby Lobby Stores, Inc."


Slavery Under The Thirteenth Amendment: Race And The Law Of Crime And Punishment In The Post-Civil War South, Peter Wallenstein Oct 2016

Slavery Under The Thirteenth Amendment: Race And The Law Of Crime And Punishment In The Post-Civil War South, Peter Wallenstein

Louisiana Law Review

The article discusses how the Thirteenth Amendment of the U.S. Constitution expressly permitted a recurrence of slavery, provided only that such enslavement constitutes a punishment for violating a criminal statute. It reports new forms of slavery that spread across the South in ways more or less consistent with the language of the Thirteenth Amendment.


Restitution And The Excessive Fines Clause, Kevin Bennardo Oct 2016

Restitution And The Excessive Fines Clause, Kevin Bennardo

Louisiana Law Review

No abstract provided.


The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle Oct 2016

The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle

Louisiana Law Review

The article examines the laws concerning juvenile dispositions and sentences responsible for accountability, victim restoration, and retribution in the U.S. It reports that the U.S. Supreme Court has issued a number of opinions emphasizing that the U.S. Constitution's Eighth Amendment requires that the punishment of children must account for their lesser moral culpability, developmental immaturity, and potential for rehabilitation.


By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials Oct 2016

By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials

Louisiana Law Review

The article argues how states should not allow philosophical exemptions and should either retain or create religious exemptions that meet certain requirements under the Free Exercise Clause, the Due Process Clause, and the Establishment Clause. It reports the U.S. Supreme Court's jurisprudence regarding parental rights in cases 'Jacobson v. Massachusetts' and 'Zucht v. King.'