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Full-Text Articles in Law

The Interest Convergence Of Education Reform And Economic Development: A Response To "The State Of Our Unions", Jonathan C. Augustine Dec 2012

The Interest Convergence Of Education Reform And Economic Development: A Response To "The State Of Our Unions", Jonathan C. Augustine

Jonathan C. Augustine

No abstract provided.


Environmental Justice In The Deep South: A Golden Anniversary Reflection On Stimulus And Change, Jonathan C. Augustine Dec 2012

Environmental Justice In The Deep South: A Golden Anniversary Reflection On Stimulus And Change, Jonathan C. Augustine

Jonathan C. Augustine

2013 marks the 50th anniversary of Letter From Birmingham Jail written by the late Reverend Dr. Martin Luther King, Jr. (“King”). After being arrested on Good Friday in Birmingham, Alabama, King wrote the famous letter as an indictment against the state of racial injustice in the Deep South. Indeed, for King, the American Civil Rights Movement (“the Movement”) was born in response to the legal system’s contradiction between ideals of law and justice and the reality of racial discrimination. In the fifty years since King wrote Letter From Birmingham Jail, much has changed in America. In addition to the Movement …


The Theology Of Civil Disobedience: The First Amendment, Freedom Riders, And Passage Of The Voting Rights Act, Jonathan C. Augustine Mar 2012

The Theology Of Civil Disobedience: The First Amendment, Freedom Riders, And Passage Of The Voting Rights Act, Jonathan C. Augustine

Jonathan C. Augustine

In 2011, usage of the term “civil disobedience” resurged in the American lexicon for at least two reasons: (1) there was widespread civil protest in Egypt; and (2) America observed the fiftieth anniversary of the now-celebrated Freedom Rides. Both reasons demonstrate the continued relevance of the twentieth century American Civil Rights Movement (“the Movement”). American media widely covered Egyptian citizens’ nonviolent acts of civil disobedience as Egyptians peacefully protested governmental corruption in demanding free and fair elections. Further, since 2011 marked the golden anniversary of the Freedom Rides in the United States, Americans were reminded of the nonviolent civil disobedience …


America's New Civil Rights Movement: Education Reform, Public Charter Schools And No Child Left Behind, Jonathan C. Augustine Mar 2012

America's New Civil Rights Movement: Education Reform, Public Charter Schools And No Child Left Behind, Jonathan C. Augustine

Jonathan C. Augustine

In Brown v. Board of Education, the Supreme Court placed access to educational opportunities at the heart of the twentieth century Civil Rights Movement. Moreover, in Grutter v. Bollinger, a case decided almost 50-years after Brown, the Court affirmed this time-honored philosophical position. While the concept of education reform is not new, the socioeconomic realities of recent years beg the question of whether the Court’s philosophical position has been compromised by so-called failing public schools. Indeed, from an African-American perspective, education reform has become America’s new civil rights movement. As January 2012 marked the 10-year anniversary of the No Child …


The Faith That Divides Us: Lines Of (In)Division Between Religion & Politics (Reviewing Hijacked: Responding To The Partisan Church Divide By Mike Slaughter & Charles E. Gutenson, With Robert P. Jones)), Jonathan C. Augustine Dec 2011

The Faith That Divides Us: Lines Of (In)Division Between Religion & Politics (Reviewing Hijacked: Responding To The Partisan Church Divide By Mike Slaughter & Charles E. Gutenson, With Robert P. Jones)), Jonathan C. Augustine

Jonathan C. Augustine

No abstract provided.


A National Model For Disaster Recovery: Growing Green Jobs In The Age Of Energy Efficiency, Jonathan C. Augustine Dec 2011

A National Model For Disaster Recovery: Growing Green Jobs In The Age Of Energy Efficiency, Jonathan C. Augustine

Jonathan C. Augustine

No abstract provided.


Environmental Justice And Eschatology In Revelation, Jonathan C. Augustine Dec 2011

Environmental Justice And Eschatology In Revelation, Jonathan C. Augustine

Jonathan C. Augustine

The concept of environmental justice is not new. While some scholars and activists trace its origins as part of the ongoing American Civil Rights Movement—a movement which emerged within the interdisciplinary connection of law and religion—this Essay argues that the concept of environmental justice has deep origins in the Holy Bible. With a foundation in the Old Testament Hebrew scriptures, this Essay combines the disciplines of law and religion by arguing that the Book of Revelation should be read ecologically, as a clarion call to protect the environment in anticipation of the time the triune God will return to live …


Grading The Graders And Reforming The Reform: An Analysis Of The State Of Public Education Ten Years After No Child Left Behind, Jonathan C. Augustine, Craig M. Freeman Dec 2010

Grading The Graders And Reforming The Reform: An Analysis Of The State Of Public Education Ten Years After No Child Left Behind, Jonathan C. Augustine, Craig M. Freeman

Jonathan C. Augustine

Congress overwhelmingly passed the No Child Left Behind Act of 2001(“NCLB”), bipartisan legislation intended to bring about substantive reform in public education. The purpose of this article, written ten years after NCLB’s enactment, is to analyze the practical effects of NCLB’s theoretical solutions to public education’s systemic problems. Using Louisiana’s public education system as the real-world model for the law’s application, the authors ultimately recommend specific solutions for the president and Congress to consider as they contemplate changes to NCLB. The authors, like other education advocates referenced in this article, support a triparate partnership approach to educating public school children. …


Forty Years Later: Chronicling The Voting Rights Act Of 1965 And Its Impact On Louisiana's Judiciary, Jonathan C. Augustine, Hon. U. Gene Thibodeaux Dec 2005

Forty Years Later: Chronicling The Voting Rights Act Of 1965 And Its Impact On Louisiana's Judiciary, Jonathan C. Augustine, Hon. U. Gene Thibodeaux

Jonathan C. Augustine

Congress passed the Voting Rights Act of 1965 (VRA), pursuant to its Thirteenth Amendment constitutional authority. While the Act was significant in building upon the previous year’s Civil Rights Act of 1964, the VRA’s impact on the judiciary was not evidenced until almost thirty years later. After years of protracted litigation, the Supreme Court finally ruled the VRA applied to judicial elections. This Article was written in celebration of the VRA’s fortieth anniversary and in tribute to Bernette Joshua Johnson, the only African American justice of the Louisiana Supreme Court. This Article argues the VRA’s application to the judiciary was …


Louisiana Appellate Practice & Procedure: An Overview For Legal Practicioners, Jonathan C. Augustine Sep 2005

Louisiana Appellate Practice & Procedure: An Overview For Legal Practicioners, Jonathan C. Augustine

Jonathan C. Augustine

Appellate practice and procedure is a specialized field. In several ways, the written and oral advocacy skills essential for success in appellate practice are very different from those used by trial court practitioners. This Article’s was written to highlight some of those differences and to recommend strategies for success in appellate practice. This Article, written by a seasoned appellate advocate and former Louisiana Supreme Court law clerk, provides a practical perspective on keys to successful appellate advocacy, using the governing rules and procedures of Louisiana’s judicial system as case study. In addition to detailing the various standards of review under …


Other States Should "Get With The Program" And Follow Louisiana's Lead: An Examination Of Louisiana's Direct Action Statute And Its Application In The Marine Insurance Industry, Jonathan C. Augustine Dec 2001

Other States Should "Get With The Program" And Follow Louisiana's Lead: An Examination Of Louisiana's Direct Action Statute And Its Application In The Marine Insurance Industry, Jonathan C. Augustine

Jonathan C. Augustine

Generally speaking, an insurance agreement is a contractual obligation between two parties, the insured, who pays a premium for the benefit of coverage, and its insurer, who receives the payment and issues a guarantee against loss. Accordingly, by strict definition, the contract of insurance and the insured’s consequential ability to recover for sustained damages is limited as a two party agreement. The Louisiana legislature has been forward thinking in the field of insurance. The state enacted a “direct action statute,” allowing aggrieved third parties to proceed directly against insurers in either tort or contract, for the recovery of damages, when …