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Articles 391 - 420 of 4178
Full-Text Articles in Entire DC Network
The Pesky Persistence Of Class Action Tolling In Mass Tort Multidistrict Litigation, Jeremy T. Grabill
The Pesky Persistence Of Class Action Tolling In Mass Tort Multidistrict Litigation, Jeremy T. Grabill
Louisiana Law Review
No abstract provided.
The Land Of Oz: Spoliation Of Evidence In Louisiana, Danielle Borel
The Land Of Oz: Spoliation Of Evidence In Louisiana, Danielle Borel
Louisiana Law Review
No abstract provided.
Hollywood On The Bayou: An Optimal Tax Approach To Evaluating And Reforming The Louisiana Motion Picture Investor Tax Credit, Amelia Hurt
Louisiana Law Review
No abstract provided.
Predictive Coding: Taking The Devil Out Of The Details, L. Casey Auttonberry
Predictive Coding: Taking The Devil Out Of The Details, L. Casey Auttonberry
Louisiana Law Review
No abstract provided.
Slaying The Trojan Horse: Arabie V. Citgo And Punitive Damages Under Louisiana’S Conflict-Of-Laws Provisions, Brooksie L. Bonvillain
Slaying The Trojan Horse: Arabie V. Citgo And Punitive Damages Under Louisiana’S Conflict-Of-Laws Provisions, Brooksie L. Bonvillain
Louisiana Law Review
No abstract provided.
Firing Blanks: Louisiana’S New Right To Bear Arms, K. Connor Long
Firing Blanks: Louisiana’S New Right To Bear Arms, K. Connor Long
Louisiana Law Review
No abstract provided.
Judging From The Wrong Side Of The Tracks: Louisiana’S Theory Of Quasi-Possession And Franks Investment Company L.L.C. V. Union Pacific Railroad Company, Anna Scardulla
Louisiana Law Review
No abstract provided.
Victims In Life, Victims In Death — Keeping Burial Rights Out Of The Hands Of Slayers, Minia E. Bremenstul
Victims In Life, Victims In Death — Keeping Burial Rights Out Of The Hands Of Slayers, Minia E. Bremenstul
Louisiana Law Review
No abstract provided.
Defining “Customer”: A Survey Of Who Can Demand Finra Arbitration, Jason W. Burge, Lara K. Richards
Defining “Customer”: A Survey Of Who Can Demand Finra Arbitration, Jason W. Burge, Lara K. Richards
Louisiana Law Review
No abstract provided.
The Confrontation Clause And Forensic Autopsy Reports — A “Testimonial”, Marc D. Ginsberg
The Confrontation Clause And Forensic Autopsy Reports — A “Testimonial”, Marc D. Ginsberg
Louisiana Law Review
No abstract provided.
An Exclusive License Is Not An Assignment: Disentangling Divisibility And Transferability Of Ownership In Copyright, Christopher M. Newman
An Exclusive License Is Not An Assignment: Disentangling Divisibility And Transferability Of Ownership In Copyright, Christopher M. Newman
Louisiana Law Review
No abstract provided.
Arbitral Autonomy, L. Ali Khan
Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem, Brannon P. Denning
Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem, Brannon P. Denning
Louisiana Law Review
The article offers information related to the dormant Commerce Clause doctrine (DCCD), a legal doctrine that courts in the U.S. have inferred from the commerce clause related to the prohibition of the extraterritorial state legislation. It mentions that the clause expressly grants congress the power to regulate commerce among the several states.
Intentional Killing Without Intending To Kill: Knobe’S Theory As A Rational Limit On Felony Murder, Joseph C. Mauro
Intentional Killing Without Intending To Kill: Knobe’S Theory As A Rational Limit On Felony Murder, Joseph C. Mauro
Louisiana Law Review
Felony murder authorizes maximum criminal punishment, the kind typically reserved for the most ruthless and calculating killers, for defendants who did not even intend to kill. Many retributivist scholars therefore criticize felony murder for abandoning the traditional notion that intent determines culpability and the appropriate degree of punishment. Despite widespread agreement with this criticism, however, felony murder persists in most jurisdictions. Joshua Knobe's empirical research turns this problem on its head by suggesting that intent is not just a mental state. Numerous experiments have shown, in fact, that people are more likely to call an action intentional, regardless of what …
New Wine In An Old Chalice: The Ministerial Exception’S Humble Roots, Blair A. Crunk
New Wine In An Old Chalice: The Ministerial Exception’S Humble Roots, Blair A. Crunk
Louisiana Law Review
In this article, the author offers information related to the ministerial exception, de facto law of the U.S. intended to protect the freedom of religion that exempts institutions from anti discrimination laws in hiring employees. It further discusses the influence of ministerial exception in employment discrimination laws of the U.S.
The Nature Of The Form: Legal And Regulatory Issues Surrounding The Bitcoin Digital Currency System, Joshua J. Doguet
The Nature Of The Form: Legal And Regulatory Issues Surrounding The Bitcoin Digital Currency System, Joshua J. Doguet
Louisiana Law Review
The article offers information related to the legal and regulatory issues associated with the use of Bitcoins, a cryptocurrency. It informs creation and transfer of bitcoins is based on an open-source cryptographic protocol that is independent of any central authority. It informs that in 2008, an enigmatic programmer, known only as Satoshi Nakamoto, first proposed the idea for Bitcoin. It reports the need of new regulatory efforts for the use of bitcoins.
Save Now, Pay Later: The Unfortunate Reality Of Pliva V. Mensing, Fabian Nehrbass
Save Now, Pay Later: The Unfortunate Reality Of Pliva V. Mensing, Fabian Nehrbass
Louisiana Law Review
The article offers information related to the supreme courts decisions in PLIVA v. Mensing court case. It mentions that the court has ruled that generic drug companies cannot be sued under state law over allegations that they failed to provide adequate labeling about side effects. It mentions that the case come before the court as court found that the U.S. Food and Drug administration's regulations require that the labeling on a generic drug should be identical to its brand drug counterpart.
Why Don’T You Take A Seat Away From That Computer?: Why Louisiana Revised Statute 14:91.5 Is Unconstitutional, Eva Conner
Louisiana Law Review
The article analyzes the content of Louisiana Revised Statutes section 14:91.5 which is regarding unlawful use or access of social media and compares it with similar laws across the U.S. It discusses the constitutionality of imposing post-release restrictions on sex offenders who have already completed their sentences. It reflects on Free Speech issues arising from laws restricting Internet access to sex offenders.
The Quest To Implant The Civilian Method In Louisiana: Tracing The Origins Of Judicial Methodology, Vernon Valentine Palmer
The Quest To Implant The Civilian Method In Louisiana: Tracing The Origins Of Judicial Methodology, Vernon Valentine Palmer
Louisiana Law Review
The article presents a speech by the author, who is the Co-Director of the Eason Weinmann Center for Comparative Law, Tulane University, delivered at the 36th Annual Tucker Lecture, held at the Paul M. Hebert Law Center, Louisiana State University on November 17, 2011, in which he discussed Louisiana's civil law and justice administration, and reflected on Roman-Spanish law in this context.
The Birth Of A Real Right: An Overview And Analysis Of The Recent Revision Of Book Iii, Title X Of The Civil Code, Bradley Schwab
The Birth Of A Real Right: An Overview And Analysis Of The Recent Revision Of Book Iii, Title X Of The Civil Code, Bradley Schwab
Louisiana Law Review
The article examines the revised articles in Title X, Book III, of the Louisiana Civil Code which is regarding rents of lands and annuities. It explains the revisions to Chapter 1 and Chapter 2 of Title X, Book III that pertains to the annuity contract and the annuity charge respectively. It discusses some economic benefits created by these new articles including bankruptcy protection and Medicaid benefits.
The Constitutional Authority Giving Our Appellate Courts Jurisdiction Of Fact Should Be Repealed, William E. Crawford
The Constitutional Authority Giving Our Appellate Courts Jurisdiction Of Fact Should Be Repealed, William E. Crawford
Louisiana Law Review
The article discusses the constitutional authority granting appellate courts in Louisiana the jurisdiction to review the record of a civil jury trial as well as to issue its own judgment contrary to the verdict of the jury. It presents several cases in which jury decisions were reversed including Brewer v. J.B. Hunt Transport, Inc., Menard v. Lafayette Insurance Company, and Fontenot v. Patterson.
“Oil In The Family”: Obtaining The Requisite Consent To Conduct Operations On Co-Owned Land Or Mineral Servitudes, Patrick S. Ottinger
“Oil In The Family”: Obtaining The Requisite Consent To Conduct Operations On Co-Owned Land Or Mineral Servitudes, Patrick S. Ottinger
Louisiana Law Review
The article analyzes Louisiana law regulating the circumstances under which oil and gas activities may be conducted on co-owned land or co-owned mineral servitudes. It examines Louisiana law concerning the rights and duties of co-owners generally and reflects on the enactment of the Louisiana Mineral Code in 1975 regulating oil and gas activities of the state.
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law, Marshall L. Perkins
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law, Marshall L. Perkins
Louisiana Law Review
The article discusses the intent requirement in Louisiana destination law which states that a party claiming predial servitude created by destination must prove the "intent" of the common owner to create the servitude. It analyzes the intent requirement entered into the jurisprudential application of Louisiana civil code and presents a relevant French doctrine on the issue.
Opinions Actionable As Securities Fraud, Wendy Gerwick Couture
Opinions Actionable As Securities Fraud, Wendy Gerwick Couture
Louisiana Law Review
This Article proposes a new analytical framework to apply to statements of opinion in securities fraud cases. Although statements of opinion form the basis of some of the most cutting-edge securities fraud claims--such as those asserted against securities analysts and credit rating agencies--statements of opinion do not fit squarely within the elements of securities fraud. In particular, three issues arise: (1) When is a statement of opinion false so as to qualify as a misrepresentation? (2) When is a statement of opinion material? (3) And, for that matter, what is the distinction between a statement of fact and a statement …
The Expansion Of Criminal Registries And The Illusion Of Control, Molly J. Walker Wilson
The Expansion Of Criminal Registries And The Illusion Of Control, Molly J. Walker Wilson
Louisiana Law Review
The American public consistently ranks crime prevention as the single most important objective for the criminal justice system, putting this goal ahead of punishment, enforcement, and rehabilitation. One popular but controversial method recently employed to prevent recidivism is the use of offender registries. The most common type of registry currently in use is the sex-offender registry. Responding to the public's perception that sex offenders pose a particular risk to society, federal legislators--as well as legislators in all 50 states and the District of Columbia-- have enacted legislation creating mandatory sex-offender registries. The primary rationale for tracking and notification requirements was …
The Duty To Think Strategically, Nadelle Grossman
The Duty To Think Strategically, Nadelle Grossman
Louisiana Law Review
Under Delaware corporate law, directors and officers have a duty to oversee their firm's management of risk to limit losses. Corporate law does not, however, require directors or officers to oversee their firm's management of strategy to create gains. Yet, managing both risk and strategy is essential to a firm in creating value. In fact, as I argue in the Article, the current focus by courts and commentators only on risk management to prevent losses could actually undermine a firm's management of its strategy for gains. I therefore propose a model for how Delaware corporate law can drive firms to …
Tortious Tweets: A Practical Guide To Applying Traditional Defamation Law To Twibel Claims, Patrick H. Hunt
Tortious Tweets: A Practical Guide To Applying Traditional Defamation Law To Twibel Claims, Patrick H. Hunt
Louisiana Law Review
The article discusses certain actions and defenses related to Twitter, an online social networking service, and its features which can help in defamation analysis. It explores the ways in which Twitter can be used and discusses measures to resolve claims related to Twibel, a concept which has been introduced to fight people who abuse the power of Twitter. It reflects on the revision of current defamation framework and discusses application of traditional considerations to Twibel claims.
Bad Moon Rising: The Sharia Law Bans, Bradford J. Kelley
Bad Moon Rising: The Sharia Law Bans, Bradford J. Kelley
Louisiana Law Review
The article presents information on the Sharia Law, an Islamic religious law, and other foreign laws in the U.S. courts. It discusses that whether prohibition should be applied to the Sharia Law. It mentions about the impact of this Law in the countries like the U.S. and Great Britain. It informs about the efforts made by the U.S. state legislative to stop use of Sharia Law.
When Will It Finally End: The Effectiveness Of The Rule 10b-5 Private Action As A Fraud-Deterrence Mechanism Post-Janus, Justin Marocco
When Will It Finally End: The Effectiveness Of The Rule 10b-5 Private Action As A Fraud-Deterrence Mechanism Post-Janus, Justin Marocco
Louisiana Law Review
The article discusses the Rule 10b-5 as a private method to limit the fraud-deterrence in the security for sales or purchase under the U.S. Securities Exchange Act. It mentions that the U.S. Supreme Court rejected the rule 10b-5 private actions liability for aiding and abetting. It states that the mutual fund company Janus Distribution LLC is responsible for the limitation of prevention of fraud because of escaping liability to the corporate officers for their unattributed misstatements.