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Louisiana Law Review

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Srtma: Reappraising The Bp Well Blowout In Light Of Pippen, Theriot, Doiron, And Grubart, John J. Costonis Apr 2020

Srtma: Reappraising The Bp Well Blowout In Light Of Pippen, Theriot, Doiron, And Grubart, John J. Costonis

Louisiana Law Review

The article discusses the issues on the choice of law and jurisdiction in tortious or contractual events involving binary terrestrial/aquatic oil and gas drilling operations in the U.S.' Outer Continental Shelf (OCS) and the provisions of the Outer Shelf Lands Act (OCSLA).


Teaching Justice-Connectivity, Michael Pinard Mar 2020

Teaching Justice-Connectivity, Michael Pinard

Louisiana Law Review

The author proposes the teaching model which he calls Justice-Connectivity, which will help build in law students the foundation to recognize the various systems, institutions and conditions of their clients, as well as the residents of the communities around law schools.


The Missing Link: Jail And Prison Conditions In Criminal Justicereform, Andrea Craig Armstrong Mar 2020

The Missing Link: Jail And Prison Conditions In Criminal Justicereform, Andrea Craig Armstrong

Louisiana Law Review

The article examines the link between conditions in jails and prisons and broader criminal justice reform efforts.


From Deepsouth To Westerngeco: The Patent Provision Heardaround The World, Sam H. Boyer Mar 2020

From Deepsouth To Westerngeco: The Patent Provision Heardaround The World, Sam H. Boyer

Louisiana Law Review

The article addresses the current state of extraterritoriality in patent law in light of the U.S. Supreme Court's WesternGeco holding.


Fairly Exposed: A Proposal To Improve The Reasonableness Standardfor Digital Forensic Searches At The Border, Caroline V. Mccaffrey Mar 2020

Fairly Exposed: A Proposal To Improve The Reasonableness Standardfor Digital Forensic Searches At The Border, Caroline V. Mccaffrey

Louisiana Law Review

The article proposes to improve the reasonableness standard for digital forensic searches at the U.S. border.


Delegating Care, Evading Review: The Federal Tort Claims Act Andaccess To Medical Care In Federal Private Prisons, Danielle C. Jefferis Mar 2020

Delegating Care, Evading Review: The Federal Tort Claims Act Andaccess To Medical Care In Federal Private Prisons, Danielle C. Jefferis

Louisiana Law Review

The article focuses on the U.S. federal government's invocation of the independent-contractor exception of the Federal Tort Claims Act (FTCA) when faced with federal prisoners' claims of inadequate-contractor exception.


Second Place Isn’T Good Enough: Achieving True Reform Throughexpanded Parole Eligibility, Monica L. Bergeron Mar 2020

Second Place Isn’T Good Enough: Achieving True Reform Throughexpanded Parole Eligibility, Monica L. Bergeron

Louisiana Law Review

The article proposes the expansion of existing geriatric parole statute in Louisiana so as to eradicate the state's practices of unjustified sentencing and mass incarceration.


There Must Be A Better Way: Analyzing Louisiana’S Sales Taxsystem In The Wake Of South Dakota V. Wayfair, Inc., Claire E. Schnell Mar 2020

There Must Be A Better Way: Analyzing Louisiana’S Sales Taxsystem In The Wake Of South Dakota V. Wayfair, Inc., Claire E. Schnell

Louisiana Law Review

The article analyzes Louisiana's sales tax system in the wake of U.S. Supreme Court case, South Dakota versus Wayfair Inc.


Engaging Students In Systemic Change: The Role Of Louisianalaw School Clinics In The State’S Criminal Justice Reformmovement, Robert Lancaster, Maris Mattes Mar 2020

Engaging Students In Systemic Change: The Role Of Louisianalaw School Clinics In The State’S Criminal Justice Reformmovement, Robert Lancaster, Maris Mattes

Louisiana Law Review

The article discusses the role of three Louisiana law school clinics in the state's criminal justice reform movement.


How Trust-Like Is Russia's Fiduciary Management? Answers From Louisiana, Markus G. Puder, Anton D. Rudokvas Jun 2019

How Trust-Like Is Russia's Fiduciary Management? Answers From Louisiana, Markus G. Puder, Anton D. Rudokvas

Louisiana Law Review

The article discusses estate trust management and fiduciary management under the Civil Code of the Russian Federation, its comparison to the trust law in Louisiana and some examples of Russian jurisprudence on the topics.


Empire, Trade, And The Use Of Agents In The 19th Century: The “Reception” Of The Undisclosed Principal Rule In Louisiana Law And Scots Law, Laura Macgregor Jun 2019

Empire, Trade, And The Use Of Agents In The 19th Century: The “Reception” Of The Undisclosed Principal Rule In Louisiana Law And Scots Law, Laura Macgregor

Louisiana Law Review

The article discusses the importance of the undisclosed agency concept in agency law in Scots law and Louisiana law in the 19th century, including its theories of origin, use by agents, and importance in trade.


Custom As A Source Of Law In Louisiana, Gail S. Stephenson Jun 2019

Custom As A Source Of Law In Louisiana, Gail S. Stephenson

Louisiana Law Review

The article discusses the Louisiana Civil Code to examine the intent of the state legislature when it established custom as a main source of law in the 1987 amendment, as well as the historical basis of consuetudinary law and the relationship of custom and jurisprudence.


Palliative Sedation And The Louisiana Natural Death Act, Frederick R. Parker Jr. Jun 2019

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 Jun 2019

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 Jun 2019

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 Jun 2019

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.


Smokin’ Hot: Ethical Issues For Lawyers Advising Business Clients In States With Legalized Medical Or Recreational Marijuana, Michael H. Rubin Apr 2019

Smokin’ Hot: Ethical Issues For Lawyers Advising Business Clients In States With Legalized Medical Or Recreational Marijuana, Michael H. Rubin

Louisiana Law Review

The article examines ethical issues on the responsibilities of lawyers as professional and as officer of the court under the Model Rules of Professional Conduct of the American Bar Association and lawyers obligation to uphold the law in advising business clients in states with legalized use of marijuana.


Overcoming The Surge: How Clark V. City Of Seattle Highlights The Conflicts Between Federal, State, And Local Labor Laws, Brooke C. Bahlinger Apr 2019

Overcoming The Surge: How Clark V. City Of Seattle Highlights The Conflicts Between Federal, State, And Local Labor Laws, Brooke C. Bahlinger

Louisiana Law Review

The article examines the case Clark v. City of Seattle which addresses the advantages of regulating gig workers, particularly rideshare drivers, at the federal level while demonstrating how an amendment to the National Labor Relations Act (NLRA) accomplishes that regulation.


Businesspersons, Governments, And International Law, Halil Rahman Basaran Apr 2019

Businesspersons, Governments, And International Law, Halil Rahman Basaran

Louisiana Law Review

The article sets forth evidence to substantiate the dynamics and tensions among businessperson, governments and international law with particular focus on issues related to controlling the development of cryptocurrencies through taxation, regulation or even prohibition.


Equal Voting Rights Require Removing Race And Partisan Discrimination From Elections And Legislative Gerrymandering, L. Darnell Weeden Apr 2019

Equal Voting Rights Require Removing Race And Partisan Discrimination From Elections And Legislative Gerrymandering, L. Darnell Weeden

Louisiana Law Review

The article challenges the U.S. to reevaluate the fundamental right to vote against racial targeting and urges the U.S. Supreme Court to reject the belief that race should be justified as a factor in legislative gerrymandering because it is too sensitive a factor to be considered when gerrymandering.


The Partisan Ranger Act: The Confederacy And The Laws Of War, Winthrop Rutherfurd Apr 2019

The Partisan Ranger Act: The Confederacy And The Laws Of War, Winthrop Rutherfurd

Louisiana Law Review

The article examines the Partisan Ranger Act as a novel expression of competing legal forces in the history of America's laws of war that John Fabian Witt in his book "Lincoln's Code: The Laws of War in American History" identified but did not explore.


Missing The Forest For The Weeds: Filling The Holes In Louisiana’S Medical Marijuana Statutes To Protect Employees, Catherine Briley Apr 2019

Missing The Forest For The Weeds: Filling The Holes In Louisiana’S Medical Marijuana Statutes To Protect Employees, Catherine Briley

Louisiana Law Review

The article discusses the status, as of May 2019, of marijuana legislation in the U.S. at both federal and state levels, with focus on the state of Louisiana, in the context of employment law, including significant court decisions that either uphold or dismiss statutory protections from wrongful termination for marijuana use.


Playing For Pay Or Playing To Play: Student-Athletes As Employees Under The Fair Labor Standards Act, Christine Colwell Apr 2019

Playing For Pay Or Playing To Play: Student-Athletes As Employees Under The Fair Labor Standards Act, Christine Colwell

Louisiana Law Review

The article analyzes the National Collegiate Athletics Association (NCAA) amateurism principles in relations to the National Labor Relations Act (NLRA) in the lawsuit Berger v. NCAA and proposes a revision of the NCAA amateurism principles to decrease litigation related to the matter.


Faith In Title Vii: It’S A Matter Of Belief, Anna E. Reed Apr 2019

Faith In Title Vii: It’S A Matter Of Belief, Anna E. Reed

Louisiana Law Review

The article examines the challenges inherent in the protection of religious beliefs pursuant to Title VII of the Civil Rights Act of 1964 in the court cases U.S. Employment Commission v. Consol Energy and McCrory v. Rapides Regional Medical Center and explains the benefits of a proper sincerity analysis to the court, employers and employees.


Policy, Principle, Or Values: An Exploration Of Judicial Decision-Making, R.J. Cahill-O’Callaghan, B.J. Richards Feb 2019

Policy, Principle, Or Values: An Exploration Of Judicial Decision-Making, R.J. Cahill-O’Callaghan, B.J. Richards

Louisiana Law Review

The article reveals the values underpinning judicial decisions in three cases in which the complexity and legal uncertainty divided the court and argues that the language of public policy is used to frame a decision based on judicial values.


Table Of Contents Feb 2019

Table Of Contents

Louisiana Law Review

No abstract provided.


Cover Feb 2019

Cover

Louisiana Law Review

No abstract provided.


Appealing Standards: Louisiana’S Constitutional Provision Governing Appellate Review Of Criminal Facts, Scott Crichton, Stuart Kottle Feb 2019

Appealing Standards: Louisiana’S Constitutional Provision Governing Appellate Review Of Criminal Facts, Scott Crichton, Stuart Kottle

Louisiana Law Review

The article offers a look at the Louisiana Constitution and discusses the constitutional provision governing appellate review of criminal cases.


When The First Amendment Compels An Offensive Result: Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, James Hart Feb 2019

When The First Amendment Compels An Offensive Result: Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, James Hart

Louisiana Law Review

The article discusses the court case Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, decided by the U.S. Supreme Court in June of 2018, wherein the plaintiff alleged discrimination based on sexual orientation.


States’ Rights To Protect Gun-Owning Patients From Politicized Physician Speech, Frank Griffin M.D., J.D. Feb 2019

States’ Rights To Protect Gun-Owning Patients From Politicized Physician Speech, Frank Griffin M.D., J.D.

Louisiana Law Review

The article examines the U.S. states' obligations to protect patients' best interests and evaluates physicians' free speech rights in the patient-physician relationship.