Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Law

Sieracki Lives: A Portrait Of The Interplay Between Legislation And The Judicially Created General Maritime Law, Thomas C. Galligan Jr. Jan 2023

Sieracki Lives: A Portrait Of The Interplay Between Legislation And The Judicially Created General Maritime Law, Thomas C. Galligan Jr.

Journal Articles

In American maritime law, the interplay between the courts and Congress is complex and iterative. A significant body of American admiralty law, the general maritime law, has been judicially created and developed. But Congress has also enacted a number of important statutes governing maritime commerce and the rights of maritime workers, such as the Longshore and Harbor Worker’s Compensation Act (“LHWCA”). The back and forth between the courts and Congress in interpreting those statutes and gauging their impact on and consistency with the general maritime law is ongoing. One important area where the courts development of the general maritime law …


Hidden Law: Taking The Comments More Seriously, Melissa T. Lonegrass Nov 2017

Hidden Law: Taking The Comments More Seriously, Melissa T. Lonegrass

Journal Articles

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.


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.


From Wedding Bells To Working Women: Unmasking The Sexism Resulting From “Illicit Concubinage” In Louisiana’S Jurisprudence, Brittanie Wagnon May 2016

From Wedding Bells To Working Women: Unmasking The Sexism Resulting From “Illicit Concubinage” In Louisiana’S Jurisprudence, Brittanie Wagnon

Louisiana Law Review

No abstract provided.


Oil And Gas Mineral Leasing And Development On The Outer Continental Shelf Of The United States, Anthony C. Marino, C. Jacob Gower Nov 2015

Oil And Gas Mineral Leasing And Development On The Outer Continental Shelf Of The United States, Anthony C. Marino, C. Jacob Gower

LSU Journal of Energy Law and Resources

No abstract provided.


Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron Nov 2014

Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron

LSU Journal of Energy Law and Resources

No abstract provided.


Common Benefit Fees In Multidistrict Litigation, Eldon E. Fallon Feb 2014

Common Benefit Fees In Multidistrict Litigation, Eldon E. Fallon

Louisiana Law Review

No abstract provided.


Addressing Climate Change: Have The Political Winds Shifted In Favor Of A Carbon Tax?, Jesse Reiblich Nov 2013

Addressing Climate Change: Have The Political Winds Shifted In Favor Of A Carbon Tax?, Jesse Reiblich

LSU Journal of Energy Law and Resources

Policymaking to combat climate change has been almost nonexistent despite the scientific community’s consensus that the time to act is now. Regardless, climate change remains a volatile political issue that divides our nation and its legislators. Advocates of reducing carbon emissions have traditionally endorsed several tools available to policymakers and administrative agencies in order to curb climate change: rulemaking under the Clean Air Act, capand-trade, and carbon taxes. Carbon tax legislation has gained traction after endorsements from both sides of the political aisle, and because it could be used to raise funds to reduce the United States’ deficit. Even policymakers …


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 …


Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret S. Thomas Jan 2013

Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret S. Thomas

Journal Articles

The doctrine for deciding when to apply the Federal Rules of Civil Procedure to state claims heard in federal court has become a quagmire of exceptions and ephemeral distinctions, in large measure due to the persistent difficulty courts have in separating substantive rules from procedural ones in an era where special procedural rules are often used as an essential regulatory tool in state governance. This article examines the power of Federal Rules of Civil Procedure to displace contrary state law in diversity cases by focusing on the limited functional competence of the Supreme Court and its Advisory Committee to displace …


From Sunshine To Moonshine: How The Louisiana Legislature Hid The Governor's Records In The Name Of Transparency, Kevin M. Blanchard Feb 2011

From Sunshine To Moonshine: How The Louisiana Legislature Hid The Governor's Records In The Name Of Transparency, Kevin M. Blanchard

Louisiana Law Review

No abstract provided.


Terrorism Finance, Business Associations, And The "Incorporation Transparency Act", J. W. Verret May 2010

Terrorism Finance, Business Associations, And The "Incorporation Transparency Act", J. W. Verret

Louisiana Law Review

No abstract provided.


Detaining Combatants By Law Or By Order? The Rule Of Lawmaking In The War On Terrorists, Peter Raven-Hansen Aug 2004

Detaining Combatants By Law Or By Order? The Rule Of Lawmaking In The War On Terrorists, Peter Raven-Hansen

Louisiana Law Review

No abstract provided.


The Still Questionable Role Of Private Legislatures, Alan Schwartz Aug 2002

The Still Questionable Role Of Private Legislatures, Alan Schwartz

Louisiana Law Review

No abstract provided.


Measures For Malaise: Recent French "Law And Order" Legislation, George W. Pugh, Jean H. Pugh Aug 1982

Measures For Malaise: Recent French "Law And Order" Legislation, George W. Pugh, Jean H. Pugh

Louisiana Law Review

No abstract provided.


A University Service To Legislation: Columbia's Legislative Drafting Research Fund, John M. Kernochan Jun 1956

A University Service To Legislation: Columbia's Legislative Drafting Research Fund, John M. Kernochan

Louisiana Law Review

No abstract provided.


The Louisiana Legislature, Robert A. Ainsworth Jun 1956

The Louisiana Legislature, Robert A. Ainsworth

Louisiana Law Review

No abstract provided.


The Role Of The Louisiana State Law Institute In Law Improvement And Reform, J. Denson Smith Jun 1956

The Role Of The Louisiana State Law Institute In Law Improvement And Reform, J. Denson Smith

Louisiana Law Review

No abstract provided.


The Louisiana Legislative Council, Emmett Asseff Jun 1956

The Louisiana Legislative Council, Emmett Asseff

Louisiana Law Review

No abstract provided.


A Symposium On Legislation, Paul M. Hebert Jun 1956

A Symposium On Legislation, Paul M. Hebert

Louisiana Law Review

No abstract provided.


A University Legislative Research Center: Michigan's Legislative Research Center, Samuel D. Estep Jun 1956

A University Legislative Research Center: Michigan's Legislative Research Center, Samuel D. Estep

Louisiana Law Review

No abstract provided.


Aids To Drafting Of Local Ordinances, Arvo Van Alstyne Jun 1956

Aids To Drafting Of Local Ordinances, Arvo Van Alstyne

Louisiana Law Review

No abstract provided.


Forum Juridicum: Juridical Legislation, George W. Hardy Jr. Dec 1945

Forum Juridicum: Juridical Legislation, George W. Hardy Jr.

Louisiana Law Review

No abstract provided.