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Articles 181 - 210 of 4178
Full-Text Articles in Entire DC Network
Wait Or Discriminate? Implications Of Tennessee Wine & Spirits Retailers Ass’N V. Thomas On The Alcohol Market, Kendall Dicke
Wait Or Discriminate? Implications Of Tennessee Wine & Spirits Retailers Ass’N V. Thomas On The Alcohol Market, Kendall Dicke
Louisiana Law Review
The article examines the implications of the U.S. Supreme Court decision in Tennessee Wine & Spirits Retailers Association v. Thomas for the regulation and function of the alcoholic beverage industry.
There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.
There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.
Louisiana Law Review
In Exxon Shipping Co. v. Baker, the U.S. Supreme Court recognized the right to recover punitive damages in admiralty cases and held that punitive damages in the case before it could not exceed the amount of the compensatory damages awarded plus the amount of settlements in related cases. In so holding, the Court reviewed many studies related to punitive damages and said that in a case where the defendant’s conduct was reckless but not worse, where the damages awarded were substantial, and where the defendant was not motivated by profit a 1:1 ratio of punitive to compensatory damages was appropriate. …
Confronting The Bias Dichotomy In Jury Selection, Brooks Holland
Confronting The Bias Dichotomy In Jury Selection, Brooks Holland
Louisiana Law Review
The article examines the intractable dichotomy of bias in jury selection in the U.S. and some tips on how to resolve bias like the elimination of peremptory challenges.
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.
An Unbroken Thread: African American Exclusion From Jury Service, Past And Present, Alexis Hoag
An Unbroken Thread: African American Exclusion From Jury Service, Past And Present, Alexis Hoag
Louisiana Law Review
The article examines the historical exclusion and contemporary underrepresentation of African Americans from jury service in the U.S. as of October 2020, and proposes legal and policy solutions to increase their representation in jury pools.
Is The #Metoo Movement For Real? Implications For Jurors’Biases In Sexual Assault Cases, Mary Graw Leary
Is The #Metoo Movement For Real? Implications For Jurors’Biases In Sexual Assault Cases, Mary Graw Leary
Louisiana Law Review
The article discusses the emerging research on the #MeToo movement and its possible effects on the population of potential jurors in the U.S., particularly in sexual assault cases.
The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner
The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner
Louisiana Law Review
Both Montesquieu and Tocqueville thought that an independent judiciary was key to maintaining a moderate government of ordered liberty. But judicial power should not be exercised too openly, or the people would view judges as tyrannical. In Montesquieu's and Tocqueville's view, the jury was an excellent mask for the power of judges. Both Montesquieu and Tocqueville thought that popular juries had many weaknesses in deciding cases. But, as Tocqueville made clear, the firm guidance of the judge in instructions on law and comments on evidence could prevent juries from going astray and make the institution a "free school" for democracy. …
Reasons For The Disappearing Jury Trial: Perspectives From Attorneys And Judges, Shari Seidman Diamond, Jessica M. Salerno
Reasons For The Disappearing Jury Trial: Perspectives From Attorneys And Judges, Shari Seidman Diamond, Jessica M. Salerno
Louisiana Law Review
The article discusses the results of a national survey of U.S. attorneys and judges on the possible reasons behind the disappearing jury trials in the country and the potential system effects on the decline of jury trials.
A Wanted Opioid-Addiction Challenge: How Should Louisiana Allocate Proceeds From Opioid Litigation?, Addison Hollis
A Wanted Opioid-Addiction Challenge: How Should Louisiana Allocate Proceeds From Opioid Litigation?, Addison Hollis
Louisiana Law Review
The article discusses the issues on how the state of Louisiana should allocate the settlement proceeds from opioid litigation and the state's role in the opioid multidistrict litigation (MDL) in the U.S.
Permission Granted: The Requirement Of Consent Under The Louisiana Mineral Code, Patrick S. Ottinger
Permission Granted: The Requirement Of Consent Under The Louisiana Mineral Code, Patrick S. Ottinger
Louisiana Law Review
The article addresses the requirement of consent under the Louisiana Mineral Code, which represents the culmination of an effort to codify the law of Louisiana pertaining to mineral rights, including oil and gas.
Protecting A Defendant’S Right To Appeal Adverse Judgments Under Louisiana Code Of Civil Procedure Article 966(G), William Bell
Protecting A Defendant’S Right To Appeal Adverse Judgments Under Louisiana Code Of Civil Procedure Article 966(G), William Bell
Louisiana Law Review
The article addresses Louisiana Code of Civil Procedure Article 966(G) about the protection of a defendant's right to appeal adverse judgments.
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.
Le Deuxième Grand Dérangement: Expelling Louisiana’S Taking Of Private Property Through Article 450, Michael C. Schimpf
Le Deuxième Grand Dérangement: Expelling Louisiana’S Taking Of Private Property Through Article 450, Michael C. Schimpf
Louisiana Law Review
The article explains classification of things in Louisiana in relation to water bottom ownership and the state's protection of private property.
A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados
A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados
Louisiana Law Review
The article examines the concept of juridical act from both a comparative and Louisiana law perspective to establish the validity of the general theory of juridical acts and to determine the useful components drawn from each system.
Will Formalities In Louisiana: Yesterday, Today, And Tomorrow, Ronald J. Scalise Jr.
Will Formalities In Louisiana: Yesterday, Today, And Tomorrow, Ronald J. Scalise Jr.
Louisiana Law Review
The article provides a brief history of wills against the backdrop of the purpose of the form requirements for wills and history of Louisiana's experience with will formalities, the law of yesterday and the law of today.
Let Louisiana’S Bastards Beat The Clock: It’S Time To Amend Article 197, Emily M. Gauthier
Let Louisiana’S Bastards Beat The Clock: It’S Time To Amend Article 197, Emily M. Gauthier
Louisiana Law Review
The article suggests that the Louisiana Legislature can bring clarity to the state's law and provide equity for children born out of wedlock by amending Louisiana Civil Code article 197.
A “Modern Family” Issue: Recategorizing Embryos In The 21st Century, Hannah C. Catchings
A “Modern Family” Issue: Recategorizing Embryos In The 21st Century, Hannah C. Catchings
Louisiana Law Review
The article explores the practical consequences that result from Louisiana's human embryo statutory scheme and the language used to define the legal status of pre-implantation embryos.
Please Hold Your Applause: How Clapper V. Amnesty International Usa Deters Data Breach Litigants From Seeking A Judicial Remedy, Harrison M. Martin
Please Hold Your Applause: How Clapper V. Amnesty International Usa Deters Data Breach Litigants From Seeking A Judicial Remedy, Harrison M. Martin
Louisiana Law Review
The article presents the U.S. Supreme Court case Clapper v. Amnesty International USA to discuss issues on data breach litigations and the remedies used by the courts to confer standing for litigants.
Having Your Cake And Eating It, Too: Using Special Masters In Daubert Hearings To Promote Scientific Analyses Of Expert Testimony, Luis Balart
Louisiana Law Review
The article discusses issues on the admissibility of scientific evidence in federal court trials in the U.S., and the use by judges of court-appointed experts and advisors to help in making evidentiary decisions requiring technical or scientific knowledge.
Environmental And Economic Pitfalls Of Interstate Water Transfers, Micah Goodwin
Environmental And Economic Pitfalls Of Interstate Water Transfers, Micah Goodwin
Louisiana Law Review
The article discusses the environmental and economic issues related to interstate water transfers in the U.S. and other topics like surface water regimes, groundwater management, and water supply management.
Consortium And Workers’ Compensation: The Demolition Of Consortium, Michael Green, David M. Layman
Consortium And Workers’ Compensation: The Demolition Of Consortium, Michael Green, David M. Layman
Louisiana Law Review
The article discusses issues on spousal consortium claims and workers' compensation in the U.S., including the aspects of compensation for accidental injuries and tort claims.
Valuing Community Property Businesses: The Good, The Bad, And The Ugly Of Louisiana Law, Sally Brown Richardson
Valuing Community Property Businesses: The Good, The Bad, And The Ugly Of Louisiana Law, Sally Brown Richardson
Louisiana Law Review
The article discusses the law in Louisiana on the valuation of community property businesses in divorce proceedings and other topics like fair market value and the ruling by the Louisiana Second Circuit of Appeal in the 2003 case Ellington v. Ellington.
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).
Screeches From The Red Hen: Public Accommodations Laws And Political Affiliation Discrimination In The United States And Louisiana, Meredith N. Will
Screeches From The Red Hen: Public Accommodations Laws And Political Affiliation Discrimination In The United States And Louisiana, Meredith N. Will
Louisiana Law Review
The article discusses issues on public accommodations laws and political affiliation discrimination in the U.S. and Louisiana, as well as the provisions of the Louisiana Constitution and the U.S. Constitution on public accommodation.
Fiduciary Litigation In Louisiana: Mandataries, Succession Representatives, And Trustees, Elizabeth R. Carter
Fiduciary Litigation In Louisiana: Mandataries, Succession Representatives, And Trustees, Elizabeth R. Carter
Louisiana Law Review
The article discusses fiduciary relationships and litigation issues on the estate-planning setting in Louisiana, as well as the roles of mandataries, trustees, and succession representatives.
An Unforeseen Problem: How Gertz Failed To Account For Modern Media And What To Do Now, Delery H. Perret
An Unforeseen Problem: How Gertz Failed To Account For Modern Media And What To Do Now, Delery H. Perret
Louisiana Law Review
The article discusses how the U.S. Supreme Court failed to modernize defamation law to include the use of social media and online sources in its decisions in the cases Gertz v. Robert Welch and New York Times Co. v. Sullivan.
Arbitration Clauses In Seafarers' Employment Contracts In The Fifth Circuit, Martin Davies
Arbitration Clauses In Seafarers' Employment Contracts In The Fifth Circuit, Martin Davies
Louisiana Law Review
The article examines the interpretation by the U.S. Court of Appeals for the Fifth Circuit of the New York Convention's article II(2) on arbitration clauses in seafarers' employment contracts in the case Sphere Drake Insurance PLC v. Marine Towing, Inc.
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).
Misuse Of The "Reasonably Anticipated Use" Standard In Louisiana Products Liability Act Jurisprudence, Steven E. Spires
Misuse Of The "Reasonably Anticipated Use" Standard In Louisiana Products Liability Act Jurisprudence, Steven E. Spires
Louisiana Law Review
The article examines the application of the 'reasonably anticipated use' standard in Louisiana Products Liability Act (LPLA) jurisprudence, and offers proposed jurisprudential rules that should be adopted by the Louisiana Supreme Court to guide lower courts on the standard.
The Sharing Revolution: Changing Times Call For Clarifying Tort Liability, Cecilia G. Vazquez
The Sharing Revolution: Changing Times Call For Clarifying Tort Liability, Cecilia G. Vazquez
Louisiana Law Review
The article discusses the need to reform tort liability laws in the U.S. to resolve the legal ambiguities with respect to the liabilities of sharing-economy companies and other players in the industry.