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Louisiana Law Review

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Stronger Than The Storm: Disaster Law In A Defiant Age, Alexander B. Lemann Mar 2018

Stronger Than The Storm: Disaster Law In A Defiant Age, Alexander B. Lemann

Louisiana Law Review

The article focuses on the laws governing disaster in the U.S., and includes rebuilding after flood; enactment of Disaster Mitigation Act for addressing the same; and Lucas v. South Carolina Coastal Council court case on the same.


Negating The Cost Of "I Do": Ending The United States Tax Code's Family Penalty Through Permissive Joint Filing, Christine D. Allie Mar 2018

Negating The Cost Of "I Do": Ending The United States Tax Code's Family Penalty Through Permissive Joint Filing, Christine D. Allie

Louisiana Law Review

No abstract provided.


A Vote Against State Nonresident Contribution Limits, Ben Wallace Mar 2018

A Vote Against State Nonresident Contribution Limits, Ben Wallace

Louisiana Law Review

The article discusess history of federal campaign finance law in the U.S., and includes enactment of Federal Election Campaign Act for addressing the same; Buckley v. Valeo court case on the same; and state nonresident contribution limits.


Over-Manipulated And Under-Funded: Louisiana's Pension Problem And Its Impact On Public Employees, Alyssa Depew Mar 2018

Over-Manipulated And Under-Funded: Louisiana's Pension Problem And Its Impact On Public Employees, Alyssa Depew

Louisiana Law Review

The article focuses on challenges surrounding Louisiana's pension system, and its impact on public employees, and includes enactment of Social Security Act and Pension Protection Act for addressing the same; Louisiana State Employees' Retirement System; and offering benifits to public employees.


Ain't No Sunshine When It's Gone: The Future Of The Louisianasolar Initiative After The Demise Of The Solar Energy Income Taxcredit, Michael Seibert Mar 2018

Ain't No Sunshine When It's Gone: The Future Of The Louisianasolar Initiative After The Demise Of The Solar Energy Income Taxcredit, Michael Seibert

Louisiana Law Review

The article focuses on the impact of demise of the solar energy income tax credit in the U.S. on the future of the Louisiana solar initiative, and includes Louisiana's solar panel incentive structure; solar incentive legislation; and Louisiana's contribution to greenhouse gas emission.


Awards Jan 2018

Awards

Louisiana Law Review

No abstract provided.


An Inherent Contradiction: Corporate Discretion In Morals Clause Enforcement, Todd J. Clark Jan 2018

An Inherent Contradiction: Corporate Discretion In Morals Clause Enforcement, Todd J. Clark

Louisiana Law Review

The article focuses on the development and creation of the morals clause as a means to curb various types of expression and historical context of the development of the implied obligation of good faith and public policy considerations influence the enforceability of some contracts.


A Prelude To Jenkins V. Ncaa: Amateurism, Antitrust Law, And The Role Of Consumer Demand In A Proper Rule Of Reason Analysis, Marc Edelman Jan 2018

A Prelude To Jenkins V. Ncaa: Amateurism, Antitrust Law, And The Role Of Consumer Demand In A Proper Rule Of Reason Analysis, Marc Edelman

Louisiana Law Review

The article focuses on prelude to the litigation in Jenkins v. National Collegiate Athletic Association (NCAA) and the underlying antitrust challenges to the NCAA rules in the case O'Bannon v. National Collegiate Athletic Association on the issue of consumer demand.


From Hoodies To Kneeling During The National Anthem: The Colin Kaepernick Effect And Its Implications For K-12 Sports, Laura Rene Mcneal Jan 2018

From Hoodies To Kneeling During The National Anthem: The Colin Kaepernick Effect And Its Implications For K-12 Sports, Laura Rene Mcneal

Louisiana Law Review

The article focuses on prospective path toward safeguarding students' First Amendment free speech rights in K-12 schools and intersection of social activism and sports and the implications of this relationship for public school students and preservation of student freedom of expression rights.


The Medical Malpractice Cure: Stitching Together The Coleman Factors, Sarah Nickel Jan 2018

The Medical Malpractice Cure: Stitching Together The Coleman Factors, Sarah Nickel

Louisiana Law Review

The article discusses the enactment of Louisiana Medical Malpractice Act (MMA) and advantages and disadvantages it entails for both health care providers and tort victims and the decision of the Louisiana Supreme Court in the case U.S. Dupny v. NMC Operating Company.


Keeping “I Do” Between Two: A Post-Obergefell Analysis Of A Bigamous Marriage And Its Implications For Louisiana’S Matrimonial Regime, Mclaurine H. Zentner Jan 2018

Keeping “I Do” Between Two: A Post-Obergefell Analysis Of A Bigamous Marriage And Its Implications For Louisiana’S Matrimonial Regime, Mclaurine H. Zentner

Louisiana Law Review

The article focuses on the U.S. expansion of individual rights and liberties and the significant ambiguities surrounding the Supreme Court's interpretation of the Due Process and Equal Protection clauses of the Fourteenth Amendment and constitutional analysis of Louisiana's criminal bigamy statute.


Table Of Contents Jan 2018

Table Of Contents

Louisiana Law Review

No abstract provided.


Enhancing “Education”: Rebalancing The Relationship Between Athletics And The University, William W. Berry Iii Jan 2018

Enhancing “Education”: Rebalancing The Relationship Between Athletics And The University, William W. Berry Iii

Louisiana Law Review

The article focuses on relationship with athletics exerting dominance over the university at many institutions relational shift consistent with the values of the National Collegiate Athletic Association (NCAA) and the college presidents to leverage the economic growth of intercollegiate athletics.


Swinging At The Facts: How Baseball Informs Legal Argument, Josephine (Jo) R. Potuto Jan 2018

Swinging At The Facts: How Baseball Informs Legal Argument, Josephine (Jo) R. Potuto

Louisiana Law Review

The article focuses on parallels between baseball and litigation and parallels also offer a convenient entree to a discussion of the relationship between baseball hitting and legal argument and parallel between baseball umpires and judges as rule-enforcers, not rule-makers.


Breaking The Seal Of Confession: Examining The Constitutionality Of The Clergy-Penitent Privilege In Mandatory Reporting Law, Caroline Donze Jan 2018

Breaking The Seal Of Confession: Examining The Constitutionality Of The Clergy-Penitent Privilege In Mandatory Reporting Law, Caroline Donze

Louisiana Law Review

The article focuses on intersection of mandatory reporting legislation and the clergy-penitent privilege illustrates a conflict between the public policy goal of protecting children and the constitutional right to Free Exercise of religion and negative effects on the reporting of child abuse.


Solidarity In Overlapping Insurance Coverage: Rethinking Hoefly, Alex Robertson May 2017

Solidarity In Overlapping Insurance Coverage: Rethinking Hoefly, Alex Robertson

Louisiana Law Review

The article focuses on the Louisiana Civil Code on solidarity and its interpretation of solidarity arising from the law and its application in the insurance and discusses Hoefly v. Government Employees Insurance Company court case on same.


The Def’S Of Liga: An Update To The Abc’S Of Liga, Stephanie B. Laborde, James E. Moore Jr., Heather Landry May 2017

The Def’S Of Liga: An Update To The Abc’S Of Liga, Stephanie B. Laborde, James E. Moore Jr., Heather Landry

Louisiana Law Review

The article offers information on ABC's of Louisiana Insurance Guaranty Association (LIGA), and discusses its role in interpreting and understanding the law applicable to the LIGA, and discusses its benefits to legal practitioners.


Reorienting Home Rule: Part 2–Remedying The Urban Disadvantage Through Federalism And Localism, Paul A. Diller May 2017

Reorienting Home Rule: Part 2–Remedying The Urban Disadvantage Through Federalism And Localism, Paul A. Diller

Louisiana Law Review

The article focuses on the impact of the urban disadvantage on federal preemption in Louisiana, and discusses remedying the urban disadvantage through federalism and localism; and use of constitutional home rule for helping urban disadvantage that exists in state legislatures.


Out Of House And Home: The Disparate Application Of Louisiana’S Eviction Laws To Mobile Home Owners, Jared A. Clark May 2017

Out Of House And Home: The Disparate Application Of Louisiana’S Eviction Laws To Mobile Home Owners, Jared A. Clark

Louisiana Law Review

The article focuses on the mobile home eviction laws in Louisiana and discusses disparate application of Louisiana's eviction laws to mobile home owners, background on mobile homes and the demographics of the people who own these homes; and problems caused by these laws to mobile home owners.


Boudreaux V. Cummings: Time To Interrupt An Erroneous Approach To Acquisitive Prescription, Cody J. Miller May 2017

Boudreaux V. Cummings: Time To Interrupt An Erroneous Approach To Acquisitive Prescription, Cody J. Miller

Louisiana Law Review

The article offers information on Louisiana Supreme Court case Boudreaux v. Cummings, focusing on problems that arise from the Court's failure in distinguishing between a servitude and the underlying land and incompetency of Court's application of civilian interpretation of the Civil Code.


To Kill A Cuckoo Bird: Louisiana’S Dual Paternity Problem, Henry S. Rauschenberger May 2017

To Kill A Cuckoo Bird: Louisiana’S Dual Paternity Problem, Henry S. Rauschenberger

Louisiana Law Review

The article focuses on the Louisiana's law of filiation and the way it has given rise to the doctrinal problem of dual paternity, and discusses Department of Children and Family Services ex rel. A.L. v. Lowrie court case on same; and problem of forced dual paternity.


Real Rights Of Noncompetition: Louisiana Public Policy And The Civil Tradition, Alex Hotard May 2017

Real Rights Of Noncompetition: Louisiana Public Policy And The Civil Tradition, Alex Hotard

Louisiana Law Review

The article focuses on the enforceability of real rights of noncompetition in Louisiana, and discusses background of Louisiana real rights and personal obligations; role of Louisiana courts in embracing certain real rights of noncompetition; and its impact on public policy.


Seeking A Definition Of Medical Futility With Reference To The Louisiana Natural Death Act, Frederick R. Parker Jr. Mar 2017

Seeking A Definition Of Medical Futility With Reference To The Louisiana Natural Death Act, Frederick R. Parker Jr.

Louisiana Law Review

The article focuses on the issues of medical futility with respect to Louisiana Natural Death Act, and mentions concept of personhood and the right of a severely incapacitated patient to accept or refuse treatment; and conceptual issues of the medical futility.


Domestic Drone Surveillance: The Court’S Epistemic Challengeand Wittgenstein’S Actional Certainty, Robert Greenleaf Brice, Katrina L. Sifferd Mar 2017

Domestic Drone Surveillance: The Court’S Epistemic Challengeand Wittgenstein’S Actional Certainty, Robert Greenleaf Brice, Katrina L. Sifferd

Louisiana Law Review

The article focuses on the domestic drone surveillance in the U.S. and mentions U.S. Fourth Amendment and the different legal standards of proof that might apply to law enforcement for the use of drones; and role of U.S. Supreme Court in determining epistemic challenge of privacy.


Unveiling Management’S Crystal Ball, Eric R. Harper Mar 2017

Unveiling Management’S Crystal Ball, Eric R. Harper

Louisiana Law Review

The article focuses on the item 303 disclosures of U.S. Securities and Exchange Commission for preventing private securities fraud causes of action by the companies, and mentions reporting companies to disclose information about the companies' plans for the future of their businesses.


Hey Employer, Did You “Notice” My Text Message?, Melissa J. Shaffer Mar 2017

Hey Employer, Did You “Notice” My Text Message?, Melissa J. Shaffer

Louisiana Law Review

The article reports on the issues of Family Medical Leave Act (FMLA) in the U.S., and mentions federal laws focusing on the purpose of the 2009 revisions of the FMLA; ambiguous language of the FMLA notice provisions; and implications of the current laws on employers and employees.


Inconsistency With The Internal Consistency Test, Mackenzie Catherine Schott Mar 2017

Inconsistency With The Internal Consistency Test, Mackenzie Catherine Schott

Louisiana Law Review

The article examines the constitutionality of a Maryland tax law focusing on the U.S. Supreme Court case Comptroller of the Treasury of Maryland v. Wynne, and mentions history of state taxation under the dormant Commerce Clause; and use of internal consistency test by the Supreme Courts in Wynne.


Precarious Possession, John A. Lovett Mar 2017

Precarious Possession, John A. Lovett

Louisiana Law Review

The article focuses on the precarious possession cases in Louisiana, and mentions acquisitive prescription in civil law; issues of bad-faith acquisitive prescription overcoming the rights of formal titleholders; and Louisiana Supreme Court case Boudreaux v. Cummings case on same.


A First Amendment Deference Approach To Reforminganti-Bullying Laws, Emily Suski Mar 2017

A First Amendment Deference Approach To Reforminganti-Bullying Laws, Emily Suski

Louisiana Law Review

The article focuses on the problems of bullying among students and the use of U.S. First Amendment deference approach for reforming anti-bullying laws in the U.S., it also mentions effects of bullying; First Amendment anti-bullying law doctrine on overbreadth; and deferential standards.


Mind The Gap: Bridging Gender Wage Inequality In Louisiana, Katilyn Hollowell Mar 2017

Mind The Gap: Bridging Gender Wage Inequality In Louisiana, Katilyn Hollowell

Louisiana Law Review

The article focuses on issues of gender wage inequality in the U.S., and mentions history of the gender wage gap; federal and state statutory frameworks governing wage discrimination; and federal and state laws governing equal pay rights and unlawful employment practices.