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Full-Text Articles in Law
Removing The Risk From Risk Allocation: Reforming Louisiana’Soilfield Anti-Indemnity Act, Katherine Fruge Corry
Removing The Risk From Risk Allocation: Reforming Louisiana’Soilfield Anti-Indemnity Act, Katherine Fruge Corry
Louisiana Law Review
The article discusses the risks faced by oil and gas firms in their operational contracts like master service agreements (MSA) and why the Louisiana legislature should copy the Texas Oilfield Anti-Indemnity Act (TOIA) to amend the Louisiana OIA (LOIA) to protect contractors and service firms.
Strangers In A Strange Land: Problems With The Recent Influx Of Ice Detainees Into Louisiana, And What To Do About It, Danielle Grote
Strangers In A Strange Land: Problems With The Recent Influx Of Ice Detainees Into Louisiana, And What To Do About It, Danielle Grote
Louisiana Law Review
The article examines the challenges posed by and solutions to the influx of U.S. Immigration and Customs Enforcement (ICE) detainees into Louisiana.
Close, But No Cigar: Issues With Louisiana Revised Statutes § 9:2800.27 And The Collateral Source Rule, Andrew G. Jarreau
Close, But No Cigar: Issues With Louisiana Revised Statutes § 9:2800.27 And The Collateral Source Rule, Andrew G. Jarreau
Louisiana Law Review
The article discusses issues on the collateral source rule in Louisiana, the ruling by the state Supreme Court in the case Bozeman v. State, and why the state's Revised Statutes  9:2800.27 contradicts the policy behind tort recovery.
To Impute Or Not To Impute: Independent Insurance Adjuster Liability In Louisiana, Braxton A. Duhon
To Impute Or Not To Impute: Independent Insurance Adjuster Liability In Louisiana, Braxton A. Duhon
Louisiana Law Review
The article discusses issues on the imputation of independent insurance adjuster liability to insurers in Louisiana and the possible legislative and judicial remedies to resolve the ambiguities in state law.
Reworking Louisiana’S Private Works Act, L. David Cromwell, Mallory Waller
Reworking Louisiana’S Private Works Act, L. David Cromwell, Mallory Waller
Louisiana Law Review
The article addresses the 2019 revision to the Private Works Act, the culmination of a long history of legislative efforts to protect contractors, laborers, suppliers and others who contribute to the improvement of an immovable, and its significance in Louisiana law.
Recognizing The Need To Recognize: A Proposed Foreign Judgment Recognition Statute And A Procedure For Enforcement In Louisiana, Elias M. Medina
Recognizing The Need To Recognize: A Proposed Foreign Judgment Recognition Statute And A Procedure For Enforcement In Louisiana, Elias M. Medina
Louisiana Law Review
The article discusses a proposed foreign judgment recognition law, the procedure for enforcement in Louisiana, and the state's Uniform Enforcement of Foreign Judgments Act (EFJA).
Revitalizing Louisiana's Lost Chance Doctrine: Burchfield V. Wright Sheds Light On The Need For Medical Expenses, Madeleine K. Morgan
Revitalizing Louisiana's Lost Chance Doctrine: Burchfield V. Wright Sheds Light On The Need For Medical Expenses, Madeleine K. Morgan
Louisiana Law Review
The article discusses the Louisiana Supreme Court case "Burchfield v. Wright" to examine the use of the 'lost chance doctrine' in medical malpractice lawsuits under the Louisiana Medical Malpractice Act (MMA).
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.
Model Business Corporation Act As Adopted In Louisiana, Glenn G. Morris
Model Business Corporation Act As Adopted In Louisiana, Glenn G. Morris
Louisiana Law Review
The article looks at the adoption of customized version of the Model Business Corporation Act in Louisiana, replacing Louisiana Business Corporation Law (LBCL) as of January 1, 2015. It informs that Model Act is the product of the Committee on Corporate Laws of the Section of Business Law of the American Bar Association. It mentions the Model law address set of rules for the execution, filing, and reduces the number of required documents for creating corporation.
Sanctions For Frivolous Civil Appeals In Louisiana, Gail S. Stephenson
Sanctions For Frivolous Civil Appeals In Louisiana, Gail S. Stephenson
Louisiana Law Review
The article offers information related to sanctions for frivolous civil appeals under Louisiana Code of Civil Procedure article 2164 in Louisiana. Topics discussed include court case of Parker v. Interstate Life & Accident Insurance Co., penalties for frivolous appeal will not be imposed unless clearly due, and creating an exception to the rule.
Vendor’S Privilege: Adheret Visceribus Rei, L. David Cromwell
Vendor’S Privilege: Adheret Visceribus Rei, L. David Cromwell
Louisiana Law Review
The article offers information on the vendor's privilege on the mortgage debt as stated by the Louisiana Supreme Court. Topics discussed include failure of timely transcription of the mortgage do not affect the vendor's privilege, effectiveness for failure of timely reinscription, and formulation of vendor's privilege law traces back to Code Napoléon.
Compensation For Nonpecuniary Loss: Revising Louisiana Civil Code Article 1998 To Reflect Litvinoff’S Damage-Based Approach, Molly L. Csaki
Compensation For Nonpecuniary Loss: Revising Louisiana Civil Code Article 1998 To Reflect Litvinoff’S Damage-Based Approach, Molly L. Csaki
Louisiana Law Review
The article looks at the revising of Louisiana civil code article 1998 to reflect litvinoff's damage-based approach and for addressing compensation for non-pecuniary damages. Topics discussed include recovery of non-pecuniary damages for the breach of conventional obligations, availability of non-pecuniary damages in Louisiana, and decision of court case Meador v. Toyota of Jefferson Inc.
A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert
A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert
Louisiana Law Review
The article discusses development in the laws for concealed handgun permit in the U.S. Topics discussed include legal history of gun laws in Louisiana, the constitutionality of laws in context of the First Amendment of the U.S. Constitution, and various laws banning the permit of handgun in Louisiana.
Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham
Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham
Louisiana Law Review
The article focuses on the co-ownership principles and nature of the mineral servitude in Louisiana. Topics discussed include the importance of implementing reforms in the Mineral Code, solutions for equitable remedies for surface co-owners, and the judicial opinion of the Supreme Court of Louisiana on the case Frost-Johnson Lumber Co. v. Sailing's Heirs.
Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes
Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes
Louisiana Law Review
The article focuses on remedial doctrines applied by the U.S. courts in resolving issues of testamentary formalism. Topics discussed include analysis of the substantial compliance doctrine in Louisiana jurisprudence, laws signifying the importance of attestation and presence of witness, and the law for limiting validation of testator's intent through minimis errors.
Better Safe Than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against The Double-Sided Coin Of Voter Disenfranchisement, Julia D'Hemecourt
Better Safe Than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against The Double-Sided Coin Of Voter Disenfranchisement, Julia D'Hemecourt
Louisiana Law Review
The author comments on the importance of strengthening voter identification laws in Louisiana. Topics discussed include the occurrence of voter disenfranchisement in the state, the implication of voter fraud for political elections, and the legislation concerning voter's identification and protection of voter's rights.
The Perils Of Primacy: Successor Liability For Lenders Turned Declarants In Louisiana Common Interest Communities, Christopher K. Odinet
The Perils Of Primacy: Successor Liability For Lenders Turned Declarants In Louisiana Common Interest Communities, Christopher K. Odinet
Louisiana Law Review
The article discusses successor liability for lenders turned declarants in Louisiana Common Interest Communities. Topics discussed include common interest communities and the declaration of covenants, conditions, and restrictions (CCR), Louisiana's security devices interfacing with CCR collateral and potential successor liability of lenders who foreclose on CCR declarations and Louisiana courts utilizing various legal theories, doctrines, and related statutes in successor liability case.
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law, Marshall L. Perkins
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law, Marshall L. Perkins
Louisiana Law Review
The article discusses the intent requirement in Louisiana destination law which states that a party claiming predial servitude created by destination must prove the "intent" of the common owner to create the servitude. It analyzes the intent requirement entered into the jurisprudential application of Louisiana civil code and presents a relevant French doctrine on the issue.
The Constitutional Authority Giving Our Appellate Courts Jurisdiction Of Fact Should Be Repealed, William E. Crawford
The Constitutional Authority Giving Our Appellate Courts Jurisdiction Of Fact Should Be Repealed, William E. Crawford
Louisiana Law Review
The article discusses the constitutional authority granting appellate courts in Louisiana the jurisdiction to review the record of a civil jury trial as well as to issue its own judgment contrary to the verdict of the jury. It presents several cases in which jury decisions were reversed including Brewer v. J.B. Hunt Transport, Inc., Menard v. Lafayette Insurance Company, and Fontenot v. Patterson.
We Won’T Take “No” For An Answer: The Validity Of Louisiana’S No-Refusal Policy, Katherine L. Cicardo
We Won’T Take “No” For An Answer: The Validity Of Louisiana’S No-Refusal Policy, Katherine L. Cicardo
Louisiana Law Review
No abstract provided.
All In The Family: Examining Louisiana’S Faulty Birth Order-Based Discrimination, Taylor Gay
All In The Family: Examining Louisiana’S Faulty Birth Order-Based Discrimination, Taylor Gay
Louisiana Law Review
No abstract provided.
Cyberbullying: Louisiana’S Solution To Confronting The Latest Strain Of Juvenile Aggression, Brittany Layne Stringer
Cyberbullying: Louisiana’S Solution To Confronting The Latest Strain Of Juvenile Aggression, Brittany Layne Stringer
Louisiana Law Review
No abstract provided.
Love, Loyalty And The Louisiana Civil Code: Rules, Standards And Hybrid Discretion In A Mixed Jurisdiction, John A. Lovett
Love, Loyalty And The Louisiana Civil Code: Rules, Standards And Hybrid Discretion In A Mixed Jurisdiction, John A. Lovett
Louisiana Law Review
No abstract provided.
Waterproofing The New Fracking Regulation: The Necessity Of Defining Riparian Rights In Louisiana's Water Law, Laura Springer
Waterproofing The New Fracking Regulation: The Necessity Of Defining Riparian Rights In Louisiana's Water Law, Laura Springer
Louisiana Law Review
No abstract provided.
Sex Offender Assessment Panels: A Failed Attempt To Protect The Public From Louisiana's Most Violent Predators, Brock Skelley
Sex Offender Assessment Panels: A Failed Attempt To Protect The Public From Louisiana's Most Violent Predators, Brock Skelley
Louisiana Law Review
No abstract provided.
No Trifling Matter: Forms, Bulletins, And Administrative Rulemaking In Louisiana After Gingles V. Dardenne, Michael J. Fagan Jr.
No Trifling Matter: Forms, Bulletins, And Administrative Rulemaking In Louisiana After Gingles V. Dardenne, Michael J. Fagan Jr.
Louisiana Law Review
No abstract provided.
Faith On The Farm: An Analysis Of Angola Prison's Moral Rehabilitation Program Under The Establishment Clause, Roy L. Bergeron Jr.
Faith On The Farm: An Analysis Of Angola Prison's Moral Rehabilitation Program Under The Establishment Clause, Roy L. Bergeron Jr.
Louisiana Law Review
No abstract provided.