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Louisiana Law Review

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The Pesky Persistence Of Class Action Tolling In Mass Tort Multidistrict Litigation, Jeremy T. Grabill Feb 2014

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 Feb 2014

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 Feb 2014

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 Feb 2014

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 Nov 2013

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 Nov 2013

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 Nov 2013

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 Nov 2013

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 Nov 2013

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 Nov 2013

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 Nov 2013

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 Nov 2013

Arbitral Autonomy, L. Ali Khan

Louisiana Law Review

No abstract provided.


Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem, Brannon P. Denning Aug 2013

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 Aug 2013

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 Aug 2013

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 Aug 2013

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 Aug 2013

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 May 2013

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 May 2013

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 May 2013

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.


Table Of Contents May 2013

Table Of Contents

Louisiana Law Review

No abstract provided.


The Constitutional Authority Giving Our Appellate Courts Jurisdiction Of Fact Should Be Repealed, William E. Crawford May 2013

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 May 2013

“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 May 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

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 Feb 2013

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.