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Articles 361 - 390 of 4178
Full-Text Articles in Entire DC Network
Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham
Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham
Louisiana Law Review
The article focuses on the co-ownership principles and nature of the mineral servitude in Louisiana. Topics discussed include the importance of implementing reforms in the Mineral Code, solutions for equitable remedies for surface co-owners, and the judicial opinion of the Supreme Court of Louisiana on the case Frost-Johnson Lumber Co. v. Sailing's Heirs.
Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes
Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes
Louisiana Law Review
The article focuses on remedial doctrines applied by the U.S. courts in resolving issues of testamentary formalism. Topics discussed include analysis of the substantial compliance doctrine in Louisiana jurisprudence, laws signifying the importance of attestation and presence of witness, and the law for limiting validation of testator's intent through minimis errors.
A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert
A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert
Louisiana Law Review
The article discusses development in the laws for concealed handgun permit in the U.S. Topics discussed include legal history of gun laws in Louisiana, the constitutionality of laws in context of the First Amendment of the U.S. Constitution, and various laws banning the permit of handgun in Louisiana.
When Remand Is Appropriate In Multidistrict Litigation, Edward F. Sherman
When Remand Is Appropriate In Multidistrict Litigation, Edward F. Sherman
Louisiana Law Review
The article focuses on the need of remand in multidistrict litigation under the 1968 Multidistrict Litigation Act (MDL Act). Topics discussed include transfer of multiple cases with common facts to the same federal judge for pretrial proceeding under the MDL Act, transfer of cases without any consideration of personal jurisdiction, and the need of resolving MDL cases favoring aggregation.
State V. Louisiana Land & Exploration Co.: Louisiana Revised Statutes Section 30:29 And Its Effect On The Amount Of Remediation Damages Available To Plaintiffs, Julia L. Taylor
Louisiana Law Review
The article discusses land contamination litigation at oil and gas exploration sites State v. Louisiana Land & Exploration Co. Topics discussed include claims for remediation of environmental damages, laws for mineral leases and remediation damages, and the judicial opinion of the Supreme Court of Louisiana on the cases related to environmental damages.
The Strife Of Riley: The Search-Incident Consequences Of Making An Easy Case Simple, Leslie A. Shoebotham
The Strife Of Riley: The Search-Incident Consequences Of Making An Easy Case Simple, Leslie A. Shoebotham
Louisiana Law Review
No abstract provided.
Contract Law And The Hand Formula, Daniel P. O'Gorman
Contract Law And The Hand Formula, Daniel P. O'Gorman
Louisiana Law Review
No abstract provided.
Confronting Confrontation In A Facetime Generation: A Substantial Public Policy Standard To Determine The Constitutionality Of Two-Way Live Video Testimony In Criminal Trials, J. Benjamin Aguiñaga
Confronting Confrontation In A Facetime Generation: A Substantial Public Policy Standard To Determine The Constitutionality Of Two-Way Live Video Testimony In Criminal Trials, J. Benjamin Aguiñaga
Louisiana Law Review
No abstract provided.
High-Stakes Word Search: Ensuring Fair And Effective Irs Centralization In Tax Exemption, Heath C. Dejean
High-Stakes Word Search: Ensuring Fair And Effective Irs Centralization In Tax Exemption, Heath C. Dejean
Louisiana Law Review
No abstract provided.
Fear Of An Undeterrable Other, Fredrick E. Vars
Fear Of An Undeterrable Other, Fredrick E. Vars
Louisiana Law Review
No abstract provided.
Binding Future Selves, Kaiponanea T. Matsumura
Binding Future Selves, Kaiponanea T. Matsumura
Louisiana Law Review
No abstract provided.
Promoting “Inclusive Communities”: A Modified Approach To Disparate Impact Under The Fair Housing Act, Cornelius J. Murray Iv
Promoting “Inclusive Communities”: A Modified Approach To Disparate Impact Under The Fair Housing Act, Cornelius J. Murray Iv
Louisiana Law Review
No abstract provided.
Same-Sex Marriages Are Not Created Equal: United States V. Windsor And Its Legal Aftermath In Louisiana, Mallory Chatelain
Same-Sex Marriages Are Not Created Equal: United States V. Windsor And Its Legal Aftermath In Louisiana, Mallory Chatelain
Louisiana Law Review
No abstract provided.
Beyond The Civil Rights Act Of 1964: Confronting Structural Racism In The Workplace, William M. Wiececk, Judy L. Hamilton
Beyond The Civil Rights Act Of 1964: Confronting Structural Racism In The Workplace, William M. Wiececk, Judy L. Hamilton
Louisiana Law Review
Since 1967, sociologists have produced a compelling body of literature on structural racism that explains why severe racial disparities persist throughout American society in all social domains: employment, education, residential patterns, wealth accumulation, and so on. Structural racism perpetuates the effects of past, overt discrimination because it does its work through organizational procedures and social policies that appear to be race neutral. Dealing with structural racism requires us to focus on social structure instead of the intentions of bigoted individuals. In this Article, we link the disciplines of sociology and constitutional history to demonstrate that the U.S. Supreme Court has …
“A Stone Of Hope”: The Civil Rights Act Of 1964 And Its Impact On The Economic Status Of Black Americans, Jenny Bourne
“A Stone Of Hope”: The Civil Rights Act Of 1964 And Its Impact On The Economic Status Of Black Americans, Jenny Bourne
Louisiana Law Review
The article offers the author's insights regarding the Civil Rights Act of 1964 in the U.S. and its effect on African American's economic status. Topics discussed by the author include the Fair Employment Practices Commission (FEPC), significance of Title VII in the improvement of African American's experience in labor market, and segregation. Also mentioned are the earnings, unemployment, and education African American men.
Sackett V. Epa: Does It Signal The End Of Coercive Cercla Enforcement?, David A. Safranek
Sackett V. Epa: Does It Signal The End Of Coercive Cercla Enforcement?, David A. Safranek
Louisiana Law Review
The author comments on the U.S. Supreme Court case Sackett v. EPA, which deals on the alleged violation of the U.S. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Topics discussed include the CERCLA's non-reviewable Unilateral Administrative Orders (UAOs), the coercive enforcement of the CERCLA among businesses and individuals, and the aspects of due process rights under the U.S. Fifth Amendment.
The Supreme Court Chipping Away At Title Vii: Strengthening It Or Killing It?, Henry L. Chambers Jr.
The Supreme Court Chipping Away At Title Vii: Strengthening It Or Killing It?, Henry L. Chambers Jr.
Louisiana Law Review
The article discusses Title VII of the 1964 Civil Rights Act. It mentions that Title VII focuses on giving equal opportunity in the workplace which enables individuals to rise or fall depending on their talent. It adds that Title VII restricts covered employers from discriminating employee's terms, conditions, or privileges of compensation or employment due to an employee's race or national origin.
The Long Road To Dignity: The Wrong Of Segregation And What The Civil Rights Act Of 1964 Had To Change, Paul Finkelman
The Long Road To Dignity: The Wrong Of Segregation And What The Civil Rights Act Of 1964 Had To Change, Paul Finkelman
Louisiana Law Review
The article focuses on the segregation in the U.S. and the passage of the Civil Rights Act of 1964 under the administration of U.S. President Lyndon Johnson. Topics include the personal battle and triumph of Johnson in passing the legislation to address the segregation in the country, the beginning of civil rights and the joint committee on reconstruction, and the response of the legislators and judiciary to southern terrorism.
Better Safe Than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against The Double-Sided Coin Of Voter Disenfranchisement, Julia D'Hemecourt
Better Safe Than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against The Double-Sided Coin Of Voter Disenfranchisement, Julia D'Hemecourt
Louisiana Law Review
The author comments on the importance of strengthening voter identification laws in Louisiana. Topics discussed include the occurrence of voter disenfranchisement in the state, the implication of voter fraud for political elections, and the legislation concerning voter's identification and protection of voter's rights.
The Perils Of Primacy: Successor Liability For Lenders Turned Declarants In Louisiana Common Interest Communities, Christopher K. Odinet
The Perils Of Primacy: Successor Liability For Lenders Turned Declarants In Louisiana Common Interest Communities, Christopher K. Odinet
Louisiana Law Review
The article discusses successor liability for lenders turned declarants in Louisiana Common Interest Communities. Topics discussed include common interest communities and the declaration of covenants, conditions, and restrictions (CCR), Louisiana's security devices interfacing with CCR collateral and potential successor liability of lenders who foreclose on CCR declarations and Louisiana courts utilizing various legal theories, doctrines, and related statutes in successor liability case.
Rethinking The Doctrine Of Nullity, Ronald J. Scalise Jr.
Rethinking The Doctrine Of Nullity, Ronald J. Scalise Jr.
Louisiana Law Review
The article discusses the concept or the doctrine of Nullity in Louisiana applied beyond the limited realm of contract law. Topics discussed include the history of the doctrine of nullity from Roman times to modem Louisiana law, an aspect of the law of nullity commonly ignored by the traditional scheme, a new category of mixed nullities. It also discusses the Louisiana court of appeal case J.C. Yochim Co. Inc. v. Piper's Esta and several cases based on family law and property obligations.
Recent Developments: Louisiana Medical Malpractice Law, Natalie J. Dekaris, Michael C. Mims
Recent Developments: Louisiana Medical Malpractice Law, Natalie J. Dekaris, Michael C. Mims
Louisiana Law Review
The article discusses the Louisiana Supreme Court's decision in case Oliver v. Magnolia Clinic, and explores developments in Louisiana medical malpractice law related to prescription, expert witnesses and summary judgment. Topics discussed include damages for medical malpractice actions under the Medical Malpractice Act (MMA), the prescriptive period applicable to medical malpractice actions under the Louisiana Revised Statutes, and the Patient's Compensation Fund (PCF).
On The Bicentenary Of The Louisiana Supreme Court: Chronicle Of The Creation Of A Unique And Beautiful Legal Tradition, A. N. Yiannopoulos
On The Bicentenary Of The Louisiana Supreme Court: Chronicle Of The Creation Of A Unique And Beautiful Legal Tradition, A. N. Yiannopoulos
Louisiana Law Review
The article presents a speech by professor Athanassios N. Yiannopoulos, delivered at the bicentenary of the Louisiana Supreme Court. Topics discussed include fusion of the Greco-Roman civilian tradition with the Anglo-Saxon common law, the historical interaction of the Louisiana Supreme Court with the Louisiana Civil Code and the development of the distinct Louisiana civilian tradition. Other topics include customary law or jurisprudence, and the role of judicial decisions.
Recent Developments: Broussard V. State And The Not So Obvious Application Of The Open And Obvious Doctrine, John M. Church
Recent Developments: Broussard V. State And The Not So Obvious Application Of The Open And Obvious Doctrine, John M. Church
Louisiana Law Review
The article discusses Louisiana Supreme Court tort case Broussard v. State based on the open and obvious doctrine. Topics discussed include procedural history of Broussard case, Court case Murray v. Ramada Inns Inc. and the U.S Second Circuit Court of Appeals opinion in case Michalski v. Home Depot. It informs that the open and obvious doctrine eliminates landowner liability to business visitors resulting from open and obvious dangers restatement.
#Serviceofprocess @Socialmedia: Accepting Social Media For Service Of Process In The 21st Century, Keely Knapp
#Serviceofprocess @Socialmedia: Accepting Social Media For Service Of Process In The 21st Century, Keely Knapp
Louisiana Law Review
No abstract provided.
The Bp Oil Spill Settlement And The Paradox Of Public Litigation, Samuel Issacharoff, D. Theodore Rave
The Bp Oil Spill Settlement And The Paradox Of Public Litigation, Samuel Issacharoff, D. Theodore Rave
Louisiana Law Review
No abstract provided.
Common Benefit Fees In Multidistrict Litigation, Eldon E. Fallon
Common Benefit Fees In Multidistrict Litigation, Eldon E. Fallon
Louisiana Law Review
No abstract provided.