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Articles 1 - 30 of 46
Full-Text Articles in Law
Aliens Among Us: Factors To Determine Whether Corporations Should Face Prosecution In U.S. Courts For Their Actions Overseas, Dustin Cooper
Aliens Among Us: Factors To Determine Whether Corporations Should Face Prosecution In U.S. Courts For Their Actions Overseas, Dustin Cooper
Louisiana Law Review
The article examines the unresolved issue of corporate liability under the Alien Tort Statute (ATS) by exploring the holdings of seminal cases with the decision of the U.S. Supreme Court in the case Kiobel v. Royal Dutch Petroleum Co. on presumption against extraterritorial application.
The Legality Of Extraterritorial Application Of Competition Law And The Need To Adopt A Unified Approach, Thanh Phan
The Legality Of Extraterritorial Application Of Competition Law And The Need To Adopt A Unified Approach, Thanh Phan
Louisiana Law Review
The article focuses on the international law and the foundation of the extraterritorial application of competition law (EACL) and proposes a unified approach for all countries to use when considering the extraterritorial application of competition law.
22nd Time’S The Charm: The 2015 Revisions To Summary Judgment In Louisiana, Garrett Filetti
22nd Time’S The Charm: The 2015 Revisions To Summary Judgment In Louisiana, Garrett Filetti
Louisiana Law Review
The article focuses on the overview of summary judgment, the process for making the motion, and the history of the procedure in both federal and Louisiana state courts and practitioners to make motions for summary judgment an integral part of trial preparation.
Outkicking The Coverage: The Unionization Of College Athletes, Tim Robinson
Outkicking The Coverage: The Unionization Of College Athletes, Tim Robinson
Louisiana Law Review
The article focuses on two-pronged solution in which the U.S. National Labor Relations Board (NLRB) would recognize scholarship college athletes as employees under the National Labor Relations Act (NLRA) and their rights restricted from collective bargaining.
The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law And Policy, Arthur L. Rizer Iii
The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law And Policy, Arthur L. Rizer Iii
Louisiana Law Review
The article explores the relationship between national security and immigration law in the U.S. with the legal framework of immigration law including provisions of the Immigration and Nationality Act and the need of protecting the borders, population control, and the essence of the rule of law.
Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades
Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades
Louisiana Law Review
The article focuses on the income inequality entirely within the control of governments with the unfair taxation across every state in one fell swoop with the progressive state tax credit (PSTC) and federal income tax deduction for state tax payments and tax policy of constitutional law.
We Need A Fracking Baseline, Ryan King
We Need A Fracking Baseline, Ryan King
Louisiana Law Review
The article focuses on the theories of liability available to injured landowners and the evidentiary requirements' prevention of an equitable resolution regardless of whether strict liability is imposed on hydraulicfracturing.
Reorienting Home Rule: Part 1–The Urban Disadvantage In National And State Lawmaking, Paul A. Diller
Reorienting Home Rule: Part 1–The Urban Disadvantage In National And State Lawmaking, Paul A. Diller
Louisiana Law Review
The article focuses on democratic legitimacy of the federal and state lawmaking processes from the perspective of large and densely populated urban areas with the issues such as gerrymandering and the state constitutional home rule doctrine with urban disadvantage.
Incomplete Sentences: Hobby Lobby’S Corporate Religious Rights, The Criminally Culpable Corporate Soul, And The Case For Greater Alignment Of Organizational And Individual Sentencing, Kenya J.H. Smith
Louisiana Law Review
The article explores the history and policies that explain the disparate sentencing treatment of organizations and individuals under the Sentencing Reform Act of 1984 and attendant sentencing guidelines. It reports the Supreme Court's recognition of a business corporation's religious rights in the case "Burwell v. Hobby Lobby Stores, Inc."
The Road To Understanding The Confrontation Clause: Ohio V. Clark Makes A U-Turn, Julien Petit
The Road To Understanding The Confrontation Clause: Ohio V. Clark Makes A U-Turn, Julien Petit
Louisiana Law Review
The article discusses the Confrontation Clause and summarizes the state of the law before the U.S. Supreme Court's decision in the case "Ohio v. Clark." Topics discussed include problems that the decision caused and how these problems affect the admissibility of statements into evidence; and ways in which use of Confrontation Clause teat can eliminate confusion related to issue.
Restitution And The Excessive Fines Clause, Kevin Bennardo
Restitution And The Excessive Fines Clause, Kevin Bennardo
Louisiana Law Review
The article offers solutions to further the conversation regarding the U.S. constitution's Eighth Amendment's limits on restitution. Topics discussed include application of Excessive Fines Clause; the case law interpreting the Excessive Fines Clause of the Eighth Amendment; and ways in which Excessive Fines Clause should be applied to restitution in criminal cases.
Slavery Under The Thirteenth Amendment: Race And The Law Of Crime And Punishment In The Post-Civil War South, Peter Wallenstein
Slavery Under The Thirteenth Amendment: Race And The Law Of Crime And Punishment In The Post-Civil War South, Peter Wallenstein
Louisiana Law Review
The article discusses how the Thirteenth Amendment of the U.S. Constitution expressly permitted a recurrence of slavery, provided only that such enslavement constitutes a punishment for violating a criminal statute. It reports new forms of slavery that spread across the South in ways more or less consistent with the language of the Thirteenth Amendment.
Cell Phone Location Tracking: Reforming The Standard To Reflect Modern Privacy Expectations, Shannon Jaeckel
Cell Phone Location Tracking: Reforming The Standard To Reflect Modern Privacy Expectations, Shannon Jaeckel
Louisiana Law Review
The article examines the history of cell site location information (CSLI) technology and the relevant federal statutes. Topics discussed include mechanics and content of CSLI data; advances in CSLI technology and the importance of this information to law enforcement; and need of Louisiana legislature be proactive in adopting a comprehensive CSLI.
The Lack Of Money Is The Root Of All Evil: Louisiana’S Ban On Bail Without Surety, Gabriel Loupe
The Lack Of Money Is The Root Of All Evil: Louisiana’S Ban On Bail Without Surety, Gabriel Loupe
Louisiana Law Review
The article presents a historical overview of bail and due process of law in Louisiana. Topics discussed include the Louisiana Code of Criminal Procedure article 334.4 imposes a ban on judges releasing defendants; constitutionality of Article 334.4; and laws aimed to prevent violation of procedural due process, equal protection, and the excessive bail clauses of the Louisiana.
The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle
The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle
Louisiana Law Review
The article examines the laws concerning juvenile dispositions and sentences responsible for accountability, victim restoration, and retribution in the U.S. It reports that the U.S. Supreme Court has issued a number of opinions emphasizing that the U.S. Constitution's Eighth Amendment requires that the punishment of children must account for their lesser moral culpability, developmental immaturity, and potential for rehabilitation.
By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials
By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials
Louisiana Law Review
The article argues how states should not allow philosophical exemptions and should either retain or create religious exemptions that meet certain requirements under the Free Exercise Clause, the Due Process Clause, and the Establishment Clause. It reports the U.S. Supreme Court's jurisprudence regarding parental rights in cases 'Jacobson v. Massachusetts' and 'Zucht v. King.'
United States Discovery And Foreign Blocking Statutes, Vivian Grosswald Curran
United States Discovery And Foreign Blocking Statutes, Vivian Grosswald Curran
Louisiana Law Review
No abstract provided.
The General Principles Of Contract Law In The “Ordonnance” On The Reform Of Contract Law, Mustapha Mekki
The General Principles Of Contract Law In The “Ordonnance” On The Reform Of Contract Law, Mustapha Mekki
Louisiana Law Review
No abstract provided.
The French Reform Of Contracts: An Opportunity To Tie Together The Community Of Civil Lawyers, Michel Séjean
The French Reform Of Contracts: An Opportunity To Tie Together The Community Of Civil Lawyers, Michel Séjean
Louisiana Law Review
No abstract provided.
Coping With The Death Of The Bargain Without Burying The Spirit Of The Law: A “Foundational” Approach To Comparative Law And Its Application To Adhesion Contracts In Louisiana, Parker Smith
Louisiana Law Review
No abstract provided.
Civilian Statutes And Judicial Discretion, Symeon C. Symeonides
Civilian Statutes And Judicial Discretion, Symeon C. Symeonides
Louisiana Law Review
No abstract provided.