Law Commons^™

S11rs Sgb No. 7 (Sg Rules), Sellers, Caffarel

Student Senate Enrolled Legislation

A BILL

To amend Article VII, Sections 2 & 3 of the Student Government Rules of Court concerning the procedures for issuing injunctions.

F09rs Sgb No. 11 (Associate Justice Impeachment), Prestridge

Student Senate Enrolled Legislation

No abstract provided.

S09rs Sgb No. 9 (Rules Of Order), Palermo, Gammon, Sellers, Prestridge

Student Senate Enrolled Legislation

A BILL

To amend rules 5.2 and 5.3 of the Student Government Rules of Order to restructure the composition of the Student Senate Committee on Rules.

S09rs Sgb No. 17 (Service On The Shore), Sellers

Student Senate Enrolled Legislation

A BILL

To allocate one thousand nine hundred and eight dollars ($1,908.00) from the Student Senate Contingency Account to Volunteer LSU to help defer the cost of the “Service on the Shore” mission trip.

S09rs Sgb No. 21 (Budget), Sellers

Student Senate Enrolled Legislation

A BILL

to amend the 2008-2009 Student Government Budget.

S09rs Sgb No. 27 (Rules Of Court), Sellers, Palermo

Student Senate Enrolled Legislation

A BILL

To amend the Louisiana State University A&M Student Government Rules of Court as attached.

S09rs Sgr No. 2 (Uhigh), Hart, Sellers

Student Senate Enrolled Legislation

A RESOLUTION

To Urge and request that the Office of Parking, Traffic, and Transportation re-evaluate the University Laboratory School carpool route.

S09rs Sgr No. 8 (Bush), Bonvillain, Boustany, Sellers, Clark

Student Senate Enrolled Legislation

A RESOLUTION

To Commend Former President George W. Bush on eight years of dedicated service to the United States of America.

S09rs Sgr No. 10 (Class Times), Gammon, Barlow, Sellers

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request that classes continue to begin ten (10) minutes after the hour or half hour.

Is Arbitration Under Attack?: Exploring The Recent Judicial Skepticism Of The Class Arbitration Waiver And Innovative Solutions To The Unsettled Legal Landscape, Ramona L. Lampley

Faculty Articles

Courts have become increasingly likely in recent years to find class arbitration waivers in consumer product sales unenforceable due to the lack of incentives for consumers and their attorneys to recover for "low value" claims. This article explores the history of the unconscionability and vindication-of-statutory rights doctrines invoked by those courts. It then analyzes the progression of the class arbitration waiver in the consumer products industry, with emphasis on the third-generation "incentivizing" agreement. This "incentivizing" agreement, if viewed at the time of the purchase agreement, can be mutually beneficial to seller and consumer. Some consumers may wish to forego the …

Warranties In The Box, James J. White

Articles

Thousands of times each day, a buyer opens a box that contains a new computer or other electronic device. There he finds written material including an express "Limited Warranty." Sometimes the box has come by FedEx directly from the manufacturer; other times the buyer has carried it home from a retail merchant. Despite the fact that it is standard practice for the manufacturer to include a limited written express warranty on the sale of such products,' and despite the fact that both the manufacturer and the buyer believe that warranty to be legally enforceable, the law on its enforceability is …

Agenda: Evolving Regional Frameworks For Ag-To-Urban Water Transfers, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Western Water Assessment (Program), Red Lodge Clearinghouse

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

The permanent transfer of water from agricultural users to municipalities has become a common feature of water management in several western states. In many cases, these voluntary market‐based transfers provide significant benefits to both the buyers and sellers, but many third parties—including remaining irrigators, rural businesses and communities dependent upon agricultural economies—have been negatively impacted. While some impacts of these so‐called “buy and dry” transfers are largely unavoidable, many can be lessened by temporary arrangements that only shift water to cities in years when municipal supplies are inadequate, such as drought and post‐drought storage recovery, and by consolidating individual farm‐to‐city …

F08rs Sgb No. 4 (Election Code), Prestridge, Gammon, Edwards, Sellers

Student Senate Enrolled Legislation

A BILL

To amend Article VIII, Section 2 of the LSU Student Government Election Code

F08rs Sgb No. 3 (Gustav Money), Sellers, Upton

Student Senate Enrolled Legislation

A BILL

To allocate a maximum of five hundred ($500.00) dollars from the Senate Contingency Account to provide programming for the student body, faculty, and staff during our campus-wide day of appreciation honoring those who volunteered their time and services in the wake of Hurricane Gustav.

F08rs Sgb No. 6 (Women), Sellers

Student Senate Enrolled Legislation

A BILL

To allocate one thousand two hundred fifty dollars ($1,250.00) from the Senate Contingency Account to the LSU Women’s Center for “Take Back the Night.”

F08rs Sgb No. 5 (Budget), Palermo, Sellers, Bonvillain

Student Senate Enrolled Legislation

A BILL

To Budget the funds of Student Government for the fiscal year 2008-2009; to appropriate funds for activities, projects, and programs of Student Government; to appropriate grants to certain student groups and organizations; according to the constitution and by-laws.

Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Barton “Buzz” Thompson, Perry L. McCarty Director, Woods Institute for the Environment, Stanford University Law School

14 slides

S08rs Sgr No 18 (Tobacco Age), Gammon, Sellers, Blanco, Foley

Student Senate Enrolled Legislation

A RESOLUTION

In opposition of Louisiana State House of Representative Bill No. 240, which would raise the minimum age to buy or possess tobacco from age eighteen (18) to age twenty-one (21).

Chuck And Steve's Peccadillo (Symposium: Threats To Secured Lending And Asset Securitization), James J. White

Articles

Are investors in securitized receivables to be treated as the owners of an asset whose sale has taken it beyond the reach of the trustee in bankruptcy of their sellers? O are they to be treated as holders of a security interest in the transferred asset who have left behind an interest in the sellers' hands that would cause the asset to be subject to claims and interference by the sellers' grasping trustee? By adopting contrasting-arguably conflicting-statements in two subsections of a single section, the drafters of 1999 Article 9 have thrust this issue in the faces of courts and …

Default Rules In Sales And The Myth Of Contracting Out, James J. White

Articles

In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.

Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer

Faculty Publications

The liability of suppliers of raw materials and component parts for harm caused by the product into which the materials have been incorporated poses difficult questions. When the raw material or component part is clearly defective, there is no question that the supplier is liable. Thus, where an ingredient in processed food is contaminated or where a truck tire has a flaw that causes a blowout, the supplier of the ingredient or the tire is liable. The difficult questions arise where the components are not inherently defective, but the finished product is defective because it lacks a safety feature or …

Reverberations From The Collision Of Tort And Warranty (Products Liability Law Symposium In Memory Of Professor Gary T. Schwartz), James J. White

Articles

In his famous Stanford Law Review article, When Worlds Collide,' Professor Marc Franklin foretold the troubles for American law in the impending collision of the tort of strict liability with the warranty of merchantability.2 We daily suffer the reverberations from that collision as courts struggle with the proper application of strict tort liability and breach of warranty in products liability cases. Lawyers who have not studied Article 2 of the Uniform Commercial Code (U.C.C.) are surprised to learn that virtually every buyer who has a strict tort claim for an injury caused by a defective product also has a potential …

Commercial Codification As Negotiation, David Frisch

Law Faculty Publications

Part I of this Article endeavors to put the sales law in perspective by emphasizing its role in the broader system of commercial law. Then, in Part II we focus on a particular example (the buyer's right to recover goods upon the seller's insolvency) to support our general observation that the revision reflects a fatal insensitivity to the need for article 2 to fit with other bodies of commercial codification. Part III demonstrates the revi~ion's failure to come to terms with the role of context and makes the argument that the drafters' shortsightedness is evidenced by the manner in which …

Freeing The Tortious Soul Of Express Warranty Law, James J. White

Articles

I suspect that most American lawyers and law students regard express warranty as neither more nor less than a term in a contract, a term that is subject to conventional contract rules on formation, interpretation, and remedy. Assume, for example, that a buyer sends a purchase order to a seller and the purchase order specifies the delivery of 300 tons of "prime Thomas cold rolled steel." The acknowledgment also describes the goods to be sold as "prime Thomas cold rolled steel." Every American lawyer would agree that there is a contract to deliver such steel and furthermore would conclude that …

Real Estate Brokers: Shouldering New Burdens, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Form Contracts Under Revised Article 2 (Symposium: Consumer Protection And The Uniform Commercial Code), James J. White

Articles

The current draft of section 2-206 in Revised Article 2 of the Uniform Commercial Code ("UCC") entitled "Consumer Contract: Standard Form"1 presents a unique and threatening challenge to the drafters of consumer form contracts. In earlier drafts, one part of the section applied to both to commercial contracts and consumer contracts. It required that "one manifest assent" to any form contract, commercial or consumer, in order for it to be binding.2 Bowing to commercial opposition in the most recent version, the drafters have omitted all reference to commercial contracts. As the section stands, it applies only to consumer contracts.

Ucc Proposals Concerning Consumer Transactions, James J. White

Other Publications

Professor Grant Gilmore once suggested that farmers would like a two section law. Section one would state "It shall be against the law to refuse to lend money to a farmer." Section two would state "It shall be against the law to collect a debt from a farmer." In a similar vein one might state the iron rule of consumer law, namely "No right that has ever been granted to a consumer, however ill considered and unjustified, may thereafter be withdrawn." Believing that some of the proposals for consumer protection that have been added in Revised Article 9 are not …

Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald B. Brown, Thomas H. Thurlow Iii

Faculty Scholarship

No abstract provided.

The Intersection Of Articles 2 And 9, Steven L. Harris, James J. White

Other Publications

I. Standard Form Contracts II. Buyer in Ordinary Course; Prepaying Buyer III. Consignments IV. Seller's Right to Reclaim Delivered Goods

Reforming Article 9 Priorities In Light Of Old Ignorance And New Filing Rules (Symposium: 'Managing The Paper Trail': Evaluating And Reforming The Article 9 Filing System), James J. White

Articles

The other papers in this Symposium demonstrate that we have the technical capacity to build a filing system that will exceed the expectations of Grant Gilmore in every dimension.1 With more thought about what is put into the system and more clever software to get it out, the most sophisticated system possible under current technology will store and produce enough information about a debtor to give the ACLU a fright. All of the issues on improving the filing system are important, but I do not concern myself with any of them directly. I am here discuss a different question. In …