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Louisiana State University Law Center

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Articles 1 - 30 of 6684

Full-Text Articles in Law

Judicial Fidelity, Caprice L. Roberts Jan 2024

Judicial Fidelity, Caprice L. Roberts

Journal Articles

Judicial critics abound. Some say the rule of law is dead across all three branches of government. Four are dead if you count the media as the fourth estate. All are in trouble, even if one approves of each branch’s headlines, but none of them are dead. Not yet.

Pundits and scholars see the latest term of the Supreme Court as clear evidence of partisan politics and unbridled power. They decry an upheaval of laws and norms demonstrating the dire situation across the federal judiciary. Democracy is not dead even when the Court issues opinions that overturn precedent, upends longstanding …


Cover, Masthead & Contents Dec 2023

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Cueto-Rúa’S Judicial Methods Of Interpretation Of The Law: A Guide For The Future, Olivier Moréteau Dec 2023

Cueto-Rúa’S Judicial Methods Of Interpretation Of The Law: A Guide For The Future, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.


Judicial Methods Of Interpretation Of The Law (Excerpts), Julio C. Cueto-Rúa Dec 2023

Judicial Methods Of Interpretation Of The Law (Excerpts), Julio C. Cueto-Rúa

Journal of Civil Law Studies

No abstract provided.


No Trespassing: The Legal Origins Of Louisiana’S Water Access Dispute, Karly Kyzar Dorr Dec 2023

No Trespassing: The Legal Origins Of Louisiana’S Water Access Dispute, Karly Kyzar Dorr

Journal of Civil Law Studies

Since the birth of the civil law tradition, the public’s right to access and use running waters has been recognized and protected through written legal sources, statutes, and codes. However, although the State of Louisiana is often lauded as the “Sportsman’s Paradise,” the current judicial interpretation of water access rights has restricted the public’s ability to use waterways, in particular running waters, for recreational pursuits such as fishing and hunting. The purpose of this essay is first to highlight the trajectory of the development of the law relative to the public’s right to access and use running waters. The analysis …


Bilingual English-Spanish Louisiana Civil Code, Book Iii, Titles Iii-V, Mariano Vitetta Dec 2023

Bilingual English-Spanish Louisiana Civil Code, Book Iii, Titles Iii-V, Mariano Vitetta

Journal of Civil Law Studies

No abstract provided.


Covid-19 And The Italian Legal System, Laura Maria Franciosi Dec 2023

Covid-19 And The Italian Legal System, Laura Maria Franciosi

Journal of Civil Law Studies

COVID-19 hit Italy with particular violence. Then spreading around Europe and worldwide, the virus raised unprecedented issues requiring the implementation of urgent measures to prevent its propagation. This Article focuses on selected topics of the Italian civil law particularly affected by the rise of COVID-19 and tries to provide brief comparative remarks. Namely, after summarizing the most important events that occurred in Italy––originating from the discovery of the first Italian case of COVID-19 in Codogno––it outlines relevant social and legal scenarios. This Article also concentrates on commercial lease contracts, and subsequently addresses the legal implications of vaccination, with reference to …


Restating The Civil Law Of Quasi-Contract: Negotiorum Gestio And Unjust Enrichment, Nikolaos A. Davrados Dec 2023

Restating The Civil Law Of Quasi-Contract: Negotiorum Gestio And Unjust Enrichment, Nikolaos A. Davrados

Journal of Civil Law Studies

This Article restates the Louisiana civil law of negotiorum gestio and unjust enrichment, one decade after the common-law Third Restatement of Restitution and Unjust Enrichment. The Article first redefines and re-designates the term "quasi-contract" from a false source of obligations to a valid practical term describing the two separate institutions of negotiorum gestio and unjust enrichment. Based on this renewed understanding of quasi-contract, the Article proceeds to a detailed commentary on the revised Louisiana law of negotiorum gestio and unjust enrichment (which includes the special action for payment of a thing not due and the general action for enrichment without …


The 2020 Revision Of The Puerto Rican Civil Code: A Brief Explanation Of Major Changes, Luis Muñiz-Argüelles Dec 2023

The 2020 Revision Of The Puerto Rican Civil Code: A Brief Explanation Of Major Changes, Luis Muñiz-Argüelles

Journal of Civil Law Studies

Puerto Rico is with Louisiana one of the two United States jurisdictions having kept the civil law tradition as the bedrock of its private law. One of the last Spanish colonies, Puerto Rico became a US Territory in 1899. The Spanish Civil Code was replaced by a Puerto Rican Civil Code in 1930. A revision process spanned over a period of 23 years, ending with the adoption of a new Civil Code in 2020. After a presentation of the revision process, this report presents and discusses the changes and innovations in family law, property, contractual obligations, torts, and successions, also …


Forthcoming: Louisiana Civil Code Commentary, Nikolaos A. Davrados Dec 2023

Forthcoming: Louisiana Civil Code Commentary, Nikolaos A. Davrados

Journal of Civil Law Studies

No abstract provided.


Complete V.15 Dec 2023

Complete V.15

Journal of Civil Law Studies

No abstract provided.


No.53 - December 2023, Center Of Civil Law Studies Dec 2023

No.53 - December 2023, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


Constructing Clearer Policy: Reconsidering Louisiana’S Anti-Indemnity Regime For Additional Insured Agreements In Public Construction Contracts, Andrew Hughes Dec 2023

Constructing Clearer Policy: Reconsidering Louisiana’S Anti-Indemnity Regime For Additional Insured Agreements In Public Construction Contracts, Andrew Hughes

Louisiana Law Review

No abstract provided.


July 2023 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions Jul 2023

July 2023 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.


On Three Arguments Against Metaphysical Libertarianism, Ken Levy Jun 2023

On Three Arguments Against Metaphysical Libertarianism, Ken Levy

Journal Articles

No abstract provided.


2023 Lsu Law Commencement Program, Lsu Law May 2023

2023 Lsu Law Commencement Program, Lsu Law

Commencement Programs

No abstract provided.


Look Away: The Impact Of The Lost Cause On Civil Rights, Social Justice And Critical Race Theory, How Storytelling And Mythology Shaped American History, Angela Downes May 2023

Look Away: The Impact Of The Lost Cause On Civil Rights, Social Justice And Critical Race Theory, How Storytelling And Mythology Shaped American History, Angela Downes

LSU Law Journal for Social Justice & Policy

No abstract provided.


Table Of Contents May 2023

Table Of Contents

LSU Law Journal for Social Justice & Policy

No abstract provided.


February 2023 Louisiana Bar Exams, Louisiana Supreme Court Committee On Bar Admissions Feb 2023

February 2023 Louisiana Bar Exams, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.


Continued Conflation Confusion In Louisiana Negligence Cases: Duty And Breach, Thomas C. Galligan Jr. Feb 2023

Continued Conflation Confusion In Louisiana Negligence Cases: Duty And Breach, Thomas C. Galligan Jr.

Journal Articles

Negligence has five elements: duty, breach, cause-in-fact, scope of risk, and damages. Logic dictates that courts, lawyers, scholars, and law students should keep them separate. But they consistently fail to do so. Courts continue to conflate or collapse elements; they combine duty and scope of risk and they combine duty and breach. In combining duty and breach courts purport to determine duty based on the facts of the particular case but, in fact, they are really deciding a question of breach-whether the defendant exercised the care of a reasonable person under the circumstances. In conflating duty and breach courts are …


Rotting Under The Bridge - How False Data Is Polluting Administrative Rulemaking, Nicholas Bryner, Victor B. Flatt Jan 2023

Rotting Under The Bridge - How False Data Is Polluting Administrative Rulemaking, Nicholas Bryner, Victor B. Flatt

Journal Articles

In response to legislative gridlock, Presidents have increasingly relied on policy made by administrative action, leading to major swings occurring when the political party of the presidency changes. These policy disputes have spilled into the third branch with a concomitant increase in legal challenges seeking judicial review of such actions. At the same time, since the 1980s, both Republican and Democratic administrations have made cost-benefit analysis the currency of federal rulemaking in the executive branch.

The combination of cost-benefit analysis requirements and increased litigation over rulemaking has increased the importance of economic and scientific justifications in both the original promulgation …


Criminal Responsibility, Ken Levy Jan 2023

Criminal Responsibility, Ken Levy

Book Sections

No abstract provided.


The Medical/Legal/Human Disconnect In Cure Cases: A Proposal For Reform, Thomas C. Galligan Jr. Jan 2023

The Medical/Legal/Human Disconnect In Cure Cases: A Proposal For Reform, Thomas C. Galligan Jr.

All Scholarship

The obligation of a vessel owner to provide a seaman with cure or medical treatment for injuries or conditions which were either caused by the seaman’s service of the ship or which manifested themselves during that service is of ancient origin. The obligation lasts until the seaman attains what the courts call maximum medical improvement, a medical decision, even if further treatment would ease the seaman’s pain or prevent relapse or degeneration of the seaman’s condition. Under the traditional rules, if medicine could not fix the seaman’s problem, then the obligation to provide cure ceased. These old rules are out …


Seeking Consent And The Law Of Sexual Assault, Lisa Avalos Jan 2023

Seeking Consent And The Law Of Sexual Assault, Lisa Avalos

Journal Articles

This article focuses on two neglected aspects of rape law. First, its tendency to presume sexual consent across a range of social contexts, overlooking the fact that much social life is predicated on a presumption against sexual contact. Second, its tendency to ignore a critical empirical fact: that an overwhelmingly large number of sexual assaults occur during the first-ever sexual contact between the specific parties involved—what I term “First Encounters.” The relationship between these two facets of rape law is crucial. Whereas much of social life operates with an underlying presumption that people have not consented to sex with others …


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 …


Reasonably Accommodating Employment Discrimination Law, William Corbett Jan 2023

Reasonably Accommodating Employment Discrimination Law, William Corbett

Journal Articles

The law of accommodations within employment discrimination law evolved significantly in 2023. The Pregnant Workers Fairness Act (PWFA) was enacted by Congress and signed by President Biden in 2022, and it became effective on June 27, 2023. The Act creates a statutory duty for covered employers to make reasonable accommodations for pregnancy, childbirth, and related medical conditions. Two days after the effective date of the PWFA, the Supreme Court rendered a decision in Groff v. DeJoy in which the Court clarified the meaning of the “undue hardship” limitation on the duty of employers under Title VII to reasonably accommodate religious …


Sales Free And Clear Of An Intellectual Property Licensee's Interests In Bankruptcy -- Looking To In Re Tempnology For Guidance, Summer Chandler Jan 2023

Sales Free And Clear Of An Intellectual Property Licensee's Interests In Bankruptcy -- Looking To In Re Tempnology For Guidance, Summer Chandler

Journal Articles

Uncertainty surrounds many issues that exist at the intersection of bankruptcy law and intellectual property law. Section 363(f) of the Bankruptcy Code permits the debtor to sell assets free of a third party’s interest in such assets, provided one or more preconditions is satisfied. When a debtor rejects a license agreement pertaining to the debtor’s intellectual property, however, § 365(n) of the Bankruptcy Code allows the licensee to choose to retain its rights to use the intellectual property that was the subject of the rejected license agreement. One unsettled question is whether a debtor may sell intellectual property pursuant to …


The Case In Favor Of Waivable Employee Rights: A Contrarian View, William Corbett Jan 2023

The Case In Favor Of Waivable Employee Rights: A Contrarian View, William Corbett

Journal Articles

Most employee rights in U.S. labor and employment law are nonwaivable. Waivable employee rights exist most prominently in the law regarding noncompetes and mandatory arbitration agreements. In recent years, there has been substantial backlash against perceived employer confiscation of workers’ rights in these two areas. On January 5, 2023, the Federal Trade Commission issued a proposed rule prohibiting employers from entering into noncompete agreements with workers. In 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Clearly, the federal government has become concerned with employers’ opportunistic confiscation of employees’ waivable rights and …


Reconciling Property Rights With Carbon Capture And Storage, Keith B. Hall Jan 2023

Reconciling Property Rights With Carbon Capture And Storage, Keith B. Hall

Journal Articles

No abstract provided.


The Under-Enforcement Of Crimes Against Black Women, Lisa Avalos Jan 2023

The Under-Enforcement Of Crimes Against Black Women, Lisa Avalos

Journal Articles

It is well known that over-policing has a severe adverse impact on communities of color. What is less well known is that over-policing is accompanied by a corollary—a pervasive and systemic under-policing of violence against women of color. The refusal to see women of color as victims of crime who are worthy recipients of justice, and to minimize the severity of violence committed against them, are habits that are deeply embedded in the American system of [in]justice. From an 1855 Supreme Court decision refusing to recognize a female slave’s right to sexual autonomy to a prosecutor’s 2021 decision to prosecute …