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Louisiana Law Review

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Article Iii Standing But Add A Little Bit Of 21st Century Spice: How Data Breaches Illuminate The Continuously Contradictory Rulings Of The Supreme Court, Emily A. Martin Mar 2023

Article Iii Standing But Add A Little Bit Of 21st Century Spice: How Data Breaches Illuminate The Continuously Contradictory Rulings Of The Supreme Court, Emily A. Martin

Louisiana Law Review

No abstract provided.


Commander-In-Chief Authority And The Religious Rights Of Service Members In Crisis Times: The Vaccine Mandate As A Call For Reincorporating The Standing Army Fears In Jurisprudence And Depoliticizing The Bench, Joshua E. Kastenberg Dec 2022

Commander-In-Chief Authority And The Religious Rights Of Service Members In Crisis Times: The Vaccine Mandate As A Call For Reincorporating The Standing Army Fears In Jurisprudence And Depoliticizing The Bench, Joshua E. Kastenberg

Louisiana Law Review

No abstract provided.


Mommy Issues: Louisiana’S Gap In Parental Rights For Unmarried, Same-Sex Couples, Lily Pavy Dec 2022

Mommy Issues: Louisiana’S Gap In Parental Rights For Unmarried, Same-Sex Couples, Lily Pavy

Louisiana Law Review

No abstract provided.


Uneggspected: Louisiana’S Scrambled Approach To Ownership Of Frozen Embryos After Dissolution Of Marriage, A. Brooke Reedy Dec 2022

Uneggspected: Louisiana’S Scrambled Approach To Ownership Of Frozen Embryos After Dissolution Of Marriage, A. Brooke Reedy

Louisiana Law Review

No abstract provided.


Understanding Self-Imposed Limitations On The Executive As Meaningful Restrictions On Authorizations For The Use Of Military Force (Aumfs), Fallon A. Voltolina Dec 2022

Understanding Self-Imposed Limitations On The Executive As Meaningful Restrictions On Authorizations For The Use Of Military Force (Aumfs), Fallon A. Voltolina

Louisiana Law Review

No abstract provided.


The Law Of Defamation, The First Amendment, And Justice William H. Rehnquist’S Attempts To “Hold The Balance True”: A Framework For Assessing The Continuing Viability Of New York Times V. Sullivan, David Elder Dec 2022

The Law Of Defamation, The First Amendment, And Justice William H. Rehnquist’S Attempts To “Hold The Balance True”: A Framework For Assessing The Continuing Viability Of New York Times V. Sullivan, David Elder

Louisiana Law Review

No abstract provided.


Heads You Stay; Tails You Go: Arbitrariness In Asylum Proceedings And How A Slight Procedural Speedbump May Help, Jay Newman Dec 2022

Heads You Stay; Tails You Go: Arbitrariness In Asylum Proceedings And How A Slight Procedural Speedbump May Help, Jay Newman

Louisiana Law Review

No abstract provided.


Growing Up With Popular Culture In The Time Of Title Ix, Christine A. Corcos Dec 2022

Growing Up With Popular Culture In The Time Of Title Ix, Christine A. Corcos

Louisiana Law Review

No abstract provided.


Topsy-Turvy: The Taylor Opportunity Program For Students’ Homeschool Discrimination Contradiction, Chaz Morgan Jun 2022

Topsy-Turvy: The Taylor Opportunity Program For Students’ Homeschool Discrimination Contradiction, Chaz Morgan

Louisiana Law Review

No abstract provided.


Putting An End To This B-S Standard: Resolving Louisiana Courts’ Problematic Application Of A Burden-Shifting Standard In Slip-And-Fall Cases Against Medical Institutions, Andrew B. Young Jun 2022

Putting An End To This B-S Standard: Resolving Louisiana Courts’ Problematic Application Of A Burden-Shifting Standard In Slip-And-Fall Cases Against Medical Institutions, Andrew B. Young

Louisiana Law Review

No abstract provided.


Secured Interests In Louisiana Mineral Rights, Patrick S. Ottinger Jun 2022

Secured Interests In Louisiana Mineral Rights, Patrick S. Ottinger

Louisiana Law Review

No abstract provided.


Recovery For Emotional Distress Under International Air Transportation As Developed By The Common Law Courts, Abdulla Hassan Mohamed Jun 2022

Recovery For Emotional Distress Under International Air Transportation As Developed By The Common Law Courts, Abdulla Hassan Mohamed

Louisiana Law Review

No abstract provided.


Res Judica-Duh! The Impermissible Expansion Of Claim Preclusion Through Louisiana Code Of Civil Procedure Article 425, Olivia Guidry Jun 2022

Res Judica-Duh! The Impermissible Expansion Of Claim Preclusion Through Louisiana Code Of Civil Procedure Article 425, Olivia Guidry

Louisiana Law Review

No abstract provided.


Non-Refoulement, Withholding, And Private Persecution, Dyllan Moreno Taxman May 2022

Non-Refoulement, Withholding, And Private Persecution, Dyllan Moreno Taxman

Louisiana Law Review

No abstract provided.


You Can Go Your Own Way: The Failings Of Teague V. Lane And Why Louisiana Should Create Its Own Retroactivity Standard, Emma C. Looney May 2022

You Can Go Your Own Way: The Failings Of Teague V. Lane And Why Louisiana Should Create Its Own Retroactivity Standard, Emma C. Looney

Louisiana Law Review

No abstract provided.


Comparative Property Law And The Pandemic: Vulnerability Theory And Resilient Property In An Age Of Crises, Marc L. Roark, Lorna Fox O’Mahony May 2022

Comparative Property Law And The Pandemic: Vulnerability Theory And Resilient Property In An Age Of Crises, Marc L. Roark, Lorna Fox O’Mahony

Louisiana Law Review

Political and property crises present vital new questions for property theorists, and analyses of state responses to these crises cast new light on how property systems, and property law, adapt and evolve to meet complex challenges—while remaining institutionally resilient themselves. The novel coronavirus pandemic was an extreme, exceptional, unexpected, significant “shock” event, with financial, economic, social, cultural, and political impacts on a scale not experienced since at least the 1930s. The pandemic posed an unexpected, unpredictable, and urgent threat to human life that demanded immediate action, delivered under intense public scrutiny. The challenges were “wicked”: governments were compelled to act, …


Breaking The Chains Of A Habitually Offensive Penal System: An Examination Of Louisiana’S Habitual-Offender Statute With Recommendations For Continued Reform, Harper G. Street May 2022

Breaking The Chains Of A Habitually Offensive Penal System: An Examination Of Louisiana’S Habitual-Offender Statute With Recommendations For Continued Reform, Harper G. Street

Louisiana Law Review

No abstract provided.


Welcome To The Burn Pit: Where The Black Goo Oozes And The Green Ponds Glow, Carlissa R. Carson May 2022

Welcome To The Burn Pit: Where The Black Goo Oozes And The Green Ponds Glow, Carlissa R. Carson

Louisiana Law Review

Studies estimate that millions of servicemen and women were involuntarily exposed to toxic burn pits while deployed overseas to countries such as Uzbekistan and Afghanistan. A growing number of these servicemembers have developed severe health complications because of this exposure. Long after lacing up their last combat boot, these servicemembers are battling a bloated bureaucracy while suffering with war wounds. They are being denied healthcare and disability benefits despite this nation’s promise to care for veterans injured during their time in service. These pits, used in the absence of waste management alternatives, were often doused with jet propellant 8 and …


Finally, Some Clarity: Why Statutory Withholding Orders Are Not Final Orders Of Removal Under The Nasrallah V. Barr Analysis, Victoria Montanio May 2022

Finally, Some Clarity: Why Statutory Withholding Orders Are Not Final Orders Of Removal Under The Nasrallah V. Barr Analysis, Victoria Montanio

Louisiana Law Review

No abstract provided.


Table Of Contents Mar 2022

Table Of Contents

Louisiana Law Review

No abstract provided.


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.


“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 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.


Cover Mar 2022

Cover

Louisiana Law Review

No abstract provided.


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.


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.


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.


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.


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.