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Louisiana Law Review

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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.


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.


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.


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 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.


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.


Cover Jun 2021

Cover

Louisiana Law Review

No abstract provided.


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.


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.


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.


Table Of Contents Jun 2021

Table Of Contents

Louisiana Law Review

No abstract provided.


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.


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 …


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.


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.


A Modern-Day Gold-Rush: Applying Property Principles To Data Using Mineral Rights Concepts And The Rule Of Capture, Andrew Crayden Apr 2021

A Modern-Day Gold-Rush: Applying Property Principles To Data Using Mineral Rights Concepts And The Rule Of Capture, Andrew Crayden

Louisiana Law Review

The article discusses how to apply the principles of mineral rights, particularly the rule of capture, and property framework in the development of data privacy regulations to protect against data breaches and other internet crimes.


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.


Frederick Bernays Wiener: Master Of Advocacy, Jed S. Rakoff Apr 2021

Frederick Bernays Wiener: Master Of Advocacy, Jed S. Rakoff

Louisiana Law Review

No abstract provided.


Removing The Risk From Risk Allocation: Reforming Louisiana’Soilfield Anti-Indemnity Act, Katherine Fruge Corry Apr 2021

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.


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.


Context Is Key, Limits Are Crucial: Understanding The Scope Of Implied Rights Of Action For Rescission Of Investment Contracts Under The Investment Company Act Of 1940, Luke St. Germain Apr 2021

Context Is Key, Limits Are Crucial: Understanding The Scope Of Implied Rights Of Action For Rescission Of Investment Contracts Under The Investment Company Act Of 1940, Luke St. Germain

Louisiana Law Review

The article discusses the scope of the implied rights of action covering the rescission of investment contracts under the Investment Company Act of 1940 (ICA) in the U.S. to prevent fraud and mismanagement.


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.


Chain Of Fools: Why The Admissibility Bar Should Be Raised For Drug Evidence, Charles White Mar 2021

Chain Of Fools: Why The Admissibility Bar Should Be Raised For Drug Evidence, Charles White

Louisiana Law Review

No abstract provided.


Towards A New Archimedean Point For Maternal Versus Fetal Rights?, Pnina Lifshitz-Aviram, Yehezkel Margalit Mar 2021

Towards A New Archimedean Point For Maternal Versus Fetal Rights?, Pnina Lifshitz-Aviram, Yehezkel Margalit

Louisiana Law Review

Some experts in the field have defined the year 2019 as “a critical time for abortion rights,” since during the first half of the year alone 19 American states enacted almost 60 abortion restrictions, including 26 abortion bans, and state legislators have introduced many more. This Article reevaluates whether these recent shifts may amount to a real legal tsunami that could yield a new Archimedean point for women’s and fetuses’ rights, or only a temporary and shallow wave, which will probably abate after the Trump presidency. After exploring in a nutshell the recent restrictive as well as liberal developments in …


Strangers In A Strange Land: Problems With The Recent Influx Of Ice Detainees Into Louisiana, And What To Do About It, Danielle Grote Mar 2021

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.


I Declare Bankruptcy! Clearing The Jurisdictional Bar On Social Security Claims In Bankruptcy Courts, Elyce Ieyoub Mar 2021

I Declare Bankruptcy! Clearing The Jurisdictional Bar On Social Security Claims In Bankruptcy Courts, Elyce Ieyoub

Louisiana Law Review

The article explains the necessity for a legislative amendment to harmonize administrative law and bankruptcy jurisdiction on social security claims in the U.S.


A Universal Problem: The Universal Injunction, Hayden D. Presley Mar 2021

A Universal Problem: The Universal Injunction, Hayden D. Presley

Louisiana Law Review

The article discusses the appropriateness of and alternatives to the imposition of universal injunction in cases and controversies involving executive orders in the U.S.


A Historical Perspective On Public Access To Private Canals— Vermilion Corp. V. Vaughn, Jason P. Theriot Mar 2021

A Historical Perspective On Public Access To Private Canals— Vermilion Corp. V. Vaughn, Jason P. Theriot

Louisiana Law Review

No abstract provided.