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Louisiana Law Review

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The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law And Policy, Arthur L. Rizer Iii Dec 2016

The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law And Policy, Arthur L. Rizer Iii

Louisiana Law Review

The article explores the relationship between national security and immigration law in the U.S. with the legal framework of immigration law including provisions of the Immigration and Nationality Act and the need of protecting the borders, population control, and the essence of the rule of law.


Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades Dec 2016

Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades

Louisiana Law Review

The article focuses on the income inequality entirely within the control of governments with the unfair taxation across every state in one fell swoop with the progressive state tax credit (PSTC) and federal income tax deduction for state tax payments and tax policy of constitutional law.


Reorienting Home Rule: Part 1–The Urban Disadvantage In National And State Lawmaking, Paul A. Diller Dec 2016

Reorienting Home Rule: Part 1–The Urban Disadvantage In National And State Lawmaking, Paul A. Diller

Louisiana Law Review

The article focuses on democratic legitimacy of the federal and state lawmaking processes from the perspective of large and densely populated urban areas with the issues such as gerrymandering and the state constitutional home rule doctrine with urban disadvantage.


22nd Time’S The Charm: The 2015 Revisions To Summary Judgment In Louisiana, Garrett Filetti Dec 2016

22nd Time’S The Charm: The 2015 Revisions To Summary Judgment In Louisiana, Garrett Filetti

Louisiana Law Review

The article focuses on the overview of summary judgment, the process for making the motion, and the history of the procedure in both federal and Louisiana state courts and practitioners to make motions for summary judgment an integral part of trial preparation.


Aliens Among Us: Factors To Determine Whether Corporations Should Face Prosecution In U.S. Courts For Their Actions Overseas, Dustin Cooper Dec 2016

Aliens Among Us: Factors To Determine Whether Corporations Should Face Prosecution In U.S. Courts For Their Actions Overseas, Dustin Cooper

Louisiana Law Review

The article examines the unresolved issue of corporate liability under the Alien Tort Statute (ATS) by exploring the holdings of seminal cases with the decision of the U.S. Supreme Court in the case Kiobel v. Royal Dutch Petroleum Co. on presumption against extraterritorial application.


Outkicking The Coverage: The Unionization Of College Athletes, Tim Robinson Dec 2016

Outkicking The Coverage: The Unionization Of College Athletes, Tim Robinson

Louisiana Law Review

The article focuses on two-pronged solution in which the U.S. National Labor Relations Board (NLRB) would recognize scholarship college athletes as employees under the National Labor Relations Act (NLRA) and their rights restricted from collective bargaining.


We Need A Fracking Baseline, Ryan King Dec 2016

We Need A Fracking Baseline, Ryan King

Louisiana Law Review

The article focuses on the theories of liability available to injured landowners and the evidentiary requirements' prevention of an equitable resolution regardless of whether strict liability is imposed on hydraulicfracturing.


The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle Oct 2016

The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle

Louisiana Law Review

The article examines the laws concerning juvenile dispositions and sentences responsible for accountability, victim restoration, and retribution in the U.S. It reports that the U.S. Supreme Court has issued a number of opinions emphasizing that the U.S. Constitution's Eighth Amendment requires that the punishment of children must account for their lesser moral culpability, developmental immaturity, and potential for rehabilitation.


Cell Phone Location Tracking: Reforming The Standard To Reflect Modern Privacy Expectations, Shannon Jaeckel Oct 2016

Cell Phone Location Tracking: Reforming The Standard To Reflect Modern Privacy Expectations, Shannon Jaeckel

Louisiana Law Review

The article examines the history of cell site location information (CSLI) technology and the relevant federal statutes. Topics discussed include mechanics and content of CSLI data; advances in CSLI technology and the importance of this information to law enforcement; and need of Louisiana legislature be proactive in adopting a comprehensive CSLI.


Incomplete Sentences: Hobby Lobby’S Corporate Religious Rights, The Criminally Culpable Corporate Soul, And The Case For Greater Alignment Of Organizational And Individual Sentencing, Kenya J.H. Smith Oct 2016

Incomplete Sentences: Hobby Lobby’S Corporate Religious Rights, The Criminally Culpable Corporate Soul, And The Case For Greater Alignment Of Organizational And Individual Sentencing, Kenya J.H. Smith

Louisiana Law Review

The article explores the history and policies that explain the disparate sentencing treatment of organizations and individuals under the Sentencing Reform Act of 1984 and attendant sentencing guidelines. It reports the Supreme Court's recognition of a business corporation's religious rights in the case "Burwell v. Hobby Lobby Stores, Inc."


The Road To Understanding The Confrontation Clause: Ohio V. Clark Makes A U-Turn, Julien Petit Oct 2016

The Road To Understanding The Confrontation Clause: Ohio V. Clark Makes A U-Turn, Julien Petit

Louisiana Law Review

The article discusses the Confrontation Clause and summarizes the state of the law before the U.S. Supreme Court's decision in the case "Ohio v. Clark." Topics discussed include problems that the decision caused and how these problems affect the admissibility of statements into evidence; and ways in which use of Confrontation Clause teat can eliminate confusion related to issue.


Table Of Contents Oct 2016

Table Of Contents

Louisiana Law Review

No abstract provided.


Slavery Under The Thirteenth Amendment: Race And The Law Of Crime And Punishment In The Post-Civil War South, Peter Wallenstein Oct 2016

Slavery Under The Thirteenth Amendment: Race And The Law Of Crime And Punishment In The Post-Civil War South, Peter Wallenstein

Louisiana Law Review

The article discusses how the Thirteenth Amendment of the U.S. Constitution expressly permitted a recurrence of slavery, provided only that such enslavement constitutes a punishment for violating a criminal statute. It reports new forms of slavery that spread across the South in ways more or less consistent with the language of the Thirteenth Amendment.


Restitution And The Excessive Fines Clause, Kevin Bennardo Oct 2016

Restitution And The Excessive Fines Clause, Kevin Bennardo

Louisiana Law Review

The article offers solutions to further the conversation regarding the U.S. constitution's Eighth Amendment's limits on restitution. Topics discussed include application of Excessive Fines Clause; the case law interpreting the Excessive Fines Clause of the Eighth Amendment; and ways in which Excessive Fines Clause should be applied to restitution in criminal cases.


The Lack Of Money Is The Root Of All Evil: Louisiana’S Ban On Bail Without Surety, Gabriel Loupe Oct 2016

The Lack Of Money Is The Root Of All Evil: Louisiana’S Ban On Bail Without Surety, Gabriel Loupe

Louisiana Law Review

The article presents a historical overview of bail and due process of law in Louisiana. Topics discussed include the Louisiana Code of Criminal Procedure article 334.4 imposes a ban on judges releasing defendants; constitutionality of Article 334.4; and laws aimed to prevent violation of procedural due process, equal protection, and the excessive bail clauses of the Louisiana.


By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials Oct 2016

By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials

Louisiana Law Review

The article argues how states should not allow philosophical exemptions and should either retain or create religious exemptions that meet certain requirements under the Free Exercise Clause, the Due Process Clause, and the Establishment Clause. It reports the U.S. Supreme Court's jurisprudence regarding parental rights in cases 'Jacobson v. Massachusetts' and 'Zucht v. King.'


Civilian Statutes And Judicial Discretion, Symeon C. Symeonides May 2016

Civilian Statutes And Judicial Discretion, Symeon C. Symeonides

Louisiana Law Review

No abstract provided.


United States Discovery And Foreign Blocking Statutes, Vivian Grosswald Curran May 2016

United States Discovery And Foreign Blocking Statutes, Vivian Grosswald Curran

Louisiana Law Review

No abstract provided.


Equalizing The Threat Of Noncompete Agreements: Solutions Beyond Louisiana’S Tangled Web Of Nullity, Kristen Amond May 2016

Equalizing The Threat Of Noncompete Agreements: Solutions Beyond Louisiana’S Tangled Web Of Nullity, Kristen Amond

Louisiana Law Review

No abstract provided.


Coping With The Death Of The Bargain Without Burying The Spirit Of The Law: A “Foundational” Approach To Comparative Law And Its Application To Adhesion Contracts In Louisiana, Parker Smith May 2016

Coping With The Death Of The Bargain Without Burying The Spirit Of The Law: A “Foundational” Approach To Comparative Law And Its Application To Adhesion Contracts In Louisiana, Parker Smith

Louisiana Law Review

No abstract provided.


Classifying And Clarifying Contracts, Ronald J. Scalise Jr. May 2016

Classifying And Clarifying Contracts, Ronald J. Scalise Jr.

Louisiana Law Review

No abstract provided.


Keep Calm And Teach Gaius, Nicholas Kasirer May 2016

Keep Calm And Teach Gaius, Nicholas Kasirer

Louisiana Law Review

No abstract provided.


A Translator’S Toolbox: The Law, Moreau-Lislet’S Library, And The Presence Of Multilingual Dictionaries In Nineteenth-Century Louisiana, Agustín Parise May 2016

A Translator’S Toolbox: The Law, Moreau-Lislet’S Library, And The Presence Of Multilingual Dictionaries In Nineteenth-Century Louisiana, Agustín Parise

Louisiana Law Review

No abstract provided.


The General Principles Of Contract Law In The “Ordonnance” On The Reform Of Contract Law, Mustapha Mekki May 2016

The General Principles Of Contract Law In The “Ordonnance” On The Reform Of Contract Law, Mustapha Mekki

Louisiana Law Review

No abstract provided.


Rewards And Challenges Of Teaching Comparative Law In The Commonwealth Caribbean, Asya Ostroukh May 2016

Rewards And Challenges Of Teaching Comparative Law In The Commonwealth Caribbean, Asya Ostroukh

Louisiana Law Review

No abstract provided.


Mirror, Mirror: Amending Louisiana’S Llc Statutes Related To Personal Liability Of Members To Reflect Corporate Counterparts After Ogea V. Merritt, Thomas Bourgeois May 2016

Mirror, Mirror: Amending Louisiana’S Llc Statutes Related To Personal Liability Of Members To Reflect Corporate Counterparts After Ogea V. Merritt, Thomas Bourgeois

Louisiana Law Review

No abstract provided.


Levasseur, Legal Linguist, John Randall Trahan May 2016

Levasseur, Legal Linguist, John Randall Trahan

Louisiana Law Review

No abstract provided.


Employing A Reservoir Community Analysis To Define And Marshal Correlative Rights In The Oil And Gas Reservoir, David E. Pierce Mar 2016

Employing A Reservoir Community Analysis To Define And Marshal Correlative Rights In The Oil And Gas Reservoir, David E. Pierce

Louisiana Law Review

No abstract provided.


Minimizing Counterparty Bankruptcy Risk, Mitchell E. Ayer Mar 2016

Minimizing Counterparty Bankruptcy Risk, Mitchell E. Ayer

Louisiana Law Review

No abstract provided.


Fracking In Louisiana: The Missing Process/Land Use Distinction In State Preemption And Opportunities For Local Participation, Alex Ritchie Mar 2016

Fracking In Louisiana: The Missing Process/Land Use Distinction In State Preemption And Opportunities For Local Participation, Alex Ritchie

Louisiana Law Review

No abstract provided.