Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Louisiana Law Review

Discipline
Keyword
Publication Year

Articles 241 - 270 of 4178

Full-Text Articles in Entire DC Network

All Rape Is Not Created Equal: A Cure For The Ambiguity Of Consent In Louisiana’S Third-Degree Rape Statute, Jourdan E. Moschitta Curet Feb 2019

All Rape Is Not Created Equal: A Cure For The Ambiguity Of Consent In Louisiana’S Third-Degree Rape Statute, Jourdan E. Moschitta Curet

Louisiana Law Review

The article discusses the development of the current third-degree rape regime in Louisiana, introduces the expansion of the consent clause and examines how consent is defined in Louisiana's courtrooms.


The Plight Of The Unpopular Poor: Sex Offender Registration And Notification Costs To Indigent Offenders In Louisiana, Justin Dicharia Feb 2019

The Plight Of The Unpopular Poor: Sex Offender Registration And Notification Costs To Indigent Offenders In Louisiana, Justin Dicharia

Louisiana Law Review

The article explores the inadequacies to indigent offenders in the sex offender registration and notification laws of Louisiana and recommends solutions to fix them.


Bailing Out Louisiana: A Proposal To Reform Louisiana’S Money-Based Bail Bond System, Milton J. Hernandez Iv Feb 2019

Bailing Out Louisiana: A Proposal To Reform Louisiana’S Money-Based Bail Bond System, Milton J. Hernandez Iv

Louisiana Law Review

The article offers a background on the bail system in Louisiana and discusses recent developments in bail reform in other jurisdictions around the U.S., particularly in states adopting risk assessment-based systems.


“License, Registration, And State Funding, Please”: Overhauling Louisiana’S Traffic-Ticket Funding Scheme Of Public Defenders, Mary Grace Richardson Feb 2019

“License, Registration, And State Funding, Please”: Overhauling Louisiana’S Traffic-Ticket Funding Scheme Of Public Defenders, Mary Grace Richardson

Louisiana Law Review

The article recommends a funding structure for public defenders in Louisiana that eliminates budget shortfalls by substituting the district-level user-pay system, in which all criminal defendants shoulder the cost of indigent defense through court fees and fines, for a centralized, state-funded general revenue stream.


The History Of The Loyal Denominator, Christopher R. Green Jan 2019

The History Of The Loyal Denominator, Christopher R. Green

Louisiana Law Review

This article offers a defense on the view that aims to fit the text and history of the U.S. Constitution, preserve Fourteenth Amendment legitimacy, and clarify the Fourteenth Amendment's author by framing it as an expression of the victorious Union's Republican principles.


State Standing For Equality, Seth Davis Jan 2019

State Standing For Equality, Seth Davis

Louisiana Law Review

The article discusses the U.S. Supreme Court's ruling in Alfred L. Snapp & Son Inc. v. Puerto Rico ex rel. Barez and offers a reading of the case as an equality law case in order to take stock of state standing for equality.


“To This Tribunal The Freedman Has Turned”: The Freedmen’Sbureau’S Judicial Powers And The Origins Of The Fourteenthamendment, Hon. Bernice B. Donald, Pablo J. Davis Jan 2019

“To This Tribunal The Freedman Has Turned”: The Freedmen’Sbureau’S Judicial Powers And The Origins Of The Fourteenthamendment, Hon. Bernice B. Donald, Pablo J. Davis

Louisiana Law Review

The article explores the U.S. Freedmen's Bureau as a significant part of the context of the Fourteenth Amendment's enactment by looking at the Bureau's judicial powers, and their grant, exercise, and political effects.


The Creation And Destruction Of The Fourteenth Amendment Duringthe Long Civil War, Orville Vernon Burton Jan 2019

The Creation And Destruction Of The Fourteenth Amendment Duringthe Long Civil War, Orville Vernon Burton

Louisiana Law Review

The article investigate the creation and destruction of the Fourteenth Amendment during the Civil War and how the U.S. Supreme Court undid most of the gains of the Fourteenth Amendment toward equality and equal rights for black citizens.


A Warranty Expired: Time To Rid Louisiana Of Fitness For Ordinaryuse, Sara Daniel Jan 2019

A Warranty Expired: Time To Rid Louisiana Of Fitness For Ordinaryuse, Sara Daniel

Louisiana Law Review

The article calls for the repeal of the warranty of fitness for ordinary use as a separate warranty in Louisiana which is vital for the preservation of redhibition and for the development of the warranty of fitness for particular use.


Don’T Rock The Boat: Developing A Uniform System Of Maritimepunitive Damages After Baker And Townsend, Josie N. Serigne Jan 2019

Don’T Rock The Boat: Developing A Uniform System Of Maritimepunitive Damages After Baker And Townsend, Josie N. Serigne

Louisiana Law Review

The article argues that although the 1996 U.S. Supreme Court case, Yamaha Motor Corp. v. Calhoun, which involved a minor, Natalie Calhoun, who died in a jet Yamaha, provides an additional avenue to recover punitive damages for non-seamen maritime torts in territorial waters, Baker and Townsend cases have rendered it unnecessary.


Bond For Deed In Louisiana: 99 Problems But Being A Sale Ain’T One, Endya L. Hash May 2018

Bond For Deed In Louisiana: 99 Problems But Being A Sale Ain’T One, Endya L. Hash

Louisiana Law Review

The article focuses on how parties use bond for deed contracts and treatment of a bond for deed contract as a sale protects the parties, clarifies applicable law, and gives effect to the true nature of this contract in Louisiana.


Awards May 2018

Awards

Louisiana Law Review

No abstract provided.


A Tribute To Thanassi: The Influence Of Justinian On American Common Law Property, Sally Brown Richardson May 2018

A Tribute To Thanassi: The Influence Of Justinian On American Common Law Property, Sally Brown Richardson

Louisiana Law Review

In this article, the author discusses the contribution of law professor A.N. Thanassi Yiannopoulos towards property law and mentions civil law's impact on American property law and fluidity of property rights.


What Law Governs Forum Selection Clauses, Symeon C. Symeonides May 2018

What Law Governs Forum Selection Clauses, Symeon C. Symeonides

Louisiana Law Review

The article focuses on the laws regarding forum selection clauses present in choice-of-law question and systems require the chosen court to undertake a choice of-law analysis for selecting the state when law of the forum state.


Brainstorming Solutions To Rainstorms: State Liability For Construction In Flood Zones, Derbigny Willis May 2018

Brainstorming Solutions To Rainstorms: State Liability For Construction In Flood Zones, Derbigny Willis

Louisiana Law Review

The article focuses on state and federal roles in flood mapping, flood insurance, and regulations in flood zones and examines the East Baton Rouge Parish Metropolitan Council, Louisiana and amended building code in response to the August 2016 flood.


Policing Hate: The Problematic Expansion Of Louisiana’S Hate Crime Statute To Include Police Officers, Savannah Walker May 2018

Policing Hate: The Problematic Expansion Of Louisiana’S Hate Crime Statute To Include Police Officers, Savannah Walker

Louisiana Law Review

The article focuses on purpose of hate crime laws of Louisiana through historical context and analyzes the inconsistencies in the Blue Lives Matter amendment, and predicts the consequences the amendment will have on hate crime.


Table Of Contents Apr 2018

Table Of Contents

Louisiana Law Review

No abstract provided.


You Sell Molly, I’Ll Sell Holly: Prosecuting Sex Trafficking In Theunited States, Tiffany Dupree Apr 2018

You Sell Molly, I’Ll Sell Holly: Prosecuting Sex Trafficking In Theunited States, Tiffany Dupree

Louisiana Law Review

The article focuses on facets of sex trafficking and addresses common misconceptions related to the crime and by making sex trafficking a strict liability crime and implementing innovative prosecution strategies equips the U.S. to abolish sex slavery.


Revisiting The “Content-Of-Laws” Enquiry In International Arbitration, Soterios Loizou Apr 2018

Revisiting The “Content-Of-Laws” Enquiry In International Arbitration, Soterios Loizou

Louisiana Law Review

No abstract provided.


Cover Apr 2018

Cover

Louisiana Law Review

No abstract provided.


Awards Apr 2018

Awards

Louisiana Law Review

No abstract provided.


What Are Courts For? Have We Forsaken The Procedural Goldstandard?, Arthur R. Miller Apr 2018

What Are Courts For? Have We Forsaken The Procedural Goldstandard?, Arthur R. Miller

Louisiana Law Review

The article focuses on procedural gold standard in the civil justice system with stop signs such as personal jurisdiction, class actions and summary judgment and mentions privatization of civil dispute resolution.


A New Natural Law Reading Of The Constitution, Santiago Legarre Apr 2018

A New Natural Law Reading Of The Constitution, Santiago Legarre

Louisiana Law Review

The article focuses on how natural law can factor into constitutional interpretation in subtle but significant ways and mentions natural law has two different levels of presence in constitutional law.


Doing Aweigh With Uncertainty: Navigating Jones Act Seamen’Sclaims Against Third Parties, Sara B. Kuebel Apr 2018

Doing Aweigh With Uncertainty: Navigating Jones Act Seamen’Sclaims Against Third Parties, Sara B. Kuebel

Louisiana Law Review

The article focuses on Jones Act as per which seaman may recover punitive damages from a third-party non-employer and law should afford seamen and non-seafarers the same protections under general maritime law against non-employer and protecting seamen as the wards of admiralty.


“Bring Your Gun To Work” And You’Re Fired: Terminatedemployees’ Potential Rights For Violations Of Parking Lot Laws, Malerie Leigh Bulot Apr 2018

“Bring Your Gun To Work” And You’Re Fired: Terminatedemployees’ Potential Rights For Violations Of Parking Lot Laws, Malerie Leigh Bulot

Louisiana Law Review

The article focuses on constitutionality of Parking Lot laws and tort of wrongful discharge with public policy and whistleblower and the issues regarding gun-storing employee's right of action against a former employer who violated a state's Parking Lot law.


Criminalization Of Cyberbullying: The Constitutionality Of Creatingan Online Neverland For Children Under A Tinker-Bell Analysis, Randall Morgan Briggs Apr 2018

Criminalization Of Cyberbullying: The Constitutionality Of Creatingan Online Neverland For Children Under A Tinker-Bell Analysis, Randall Morgan Briggs

Louisiana Law Review

The article focuses on criminal cyberbullying statute of Louisiana and significance of the fundamental right of free speech in the U.S. and exceptions to First Amendment protections recognized by the U.S. Supreme Court and changes to constitutional protection for children.


Making Cle Voluntary And Pro Bono Mandatory: A Law Faculty Testcase, Rima Sirota Mar 2018

Making Cle Voluntary And Pro Bono Mandatory: A Law Faculty Testcase, Rima Sirota

Louisiana Law Review

The article focuses on removing mandatory continuing legal education (CLE) hours with pro bono service hours in teh U.S., and includes regulations protecting the legal profession and free legal representation; eliminating obstacles to CLE; and maintenance of client-attorney relationship.


Granting Chevron Deference To Irs Revenue Rulings: The "Charitable" Thing To Do, Kristin E. Oglesby Mar 2018

Granting Chevron Deference To Irs Revenue Rulings: The "Charitable" Thing To Do, Kristin E. Oglesby

Louisiana Law Review

The article focuses on the applicability of the standards of deference provided by the Chevron U.S.A. v. Natural Resources Defense Council, Inc. court case to U.S. Internal Revenue Service revenue rulings, and includes problems arising out of United States v. Mead Corp. court case.


Awards Mar 2018

Awards

Louisiana Law Review

No abstract provided.


Attacking Tax Shelters: Galloping Toward A Better Step Transactiondoctrine, Jonathan D. Grossberg Mar 2018

Attacking Tax Shelters: Galloping Toward A Better Step Transactiondoctrine, Jonathan D. Grossberg

Louisiana Law Review

No abstract provided.