Law Commons^™

Removing The Risk From Risk Allocation: Reforming Louisiana’Soilfield Anti-Indemnity Act, Katherine Fruge Corry

Louisiana Law Review

The article discusses the risks faced by oil and gas firms in their operational contracts like master service agreements (MSA) and why the Louisiana legislature should copy the Texas Oilfield Anti-Indemnity Act (TOIA) to amend the Louisiana OIA (LOIA) to protect contractors and service firms.

Strangers In A Strange Land: Problems With The Recent Influx Of Ice Detainees Into Louisiana, And What To Do About It, Danielle Grote

Louisiana Law Review

The article examines the challenges posed by and solutions to the influx of U.S. Immigration and Customs Enforcement (ICE) detainees into Louisiana.

Leger V. Leger, Jessica Brewer

Journal of Civil Law Studies

No abstract provided.

Boothe V. Dotd, Jacque P. Biggs

Journal of Civil Law Studies

No abstract provided.

To Impute Or Not To Impute: Independent Insurance Adjuster Liability In Louisiana, Braxton A. Duhon

Louisiana Law Review

The article discusses issues on the imputation of independent insurance adjuster liability to insurers in Louisiana and the possible legislative and judicial remedies to resolve the ambiguities in state law.

Close, But No Cigar: Issues With Louisiana Revised Statutes § 9:2800.27 And The Collateral Source Rule, Andrew G. Jarreau

Louisiana Law Review

The article discusses issues on the collateral source rule in Louisiana, the ruling by the state Supreme Court in the case Bozeman v. State, and why the state's Revised Statutes  9:2800.27 contradicts the policy behind tort recovery.

Reworking Louisiana’S Private Works Act, L. David Cromwell, Mallory Waller

Louisiana Law Review

The article addresses the 2019 revision to the Private Works Act, the culmination of a long history of legislative efforts to protect contractors, laborers, suppliers and others who contribute to the improvement of an immovable, and its significance in Louisiana law.

The Encyclopedist Code: Ancien Droit Legal Encyclopedias And Their Verbatim Influence On The Louisiana Digest Of 1808, Seth S. Brostoff

Journal of Civil Law Studies

This Article identifies nearly one hundred articles and provisions in Louisiana’s first civil code, the Digest of 1808, which were copied verbatim or almost verbatim (that is, literally or almost literally) from three French legal encyclopedias popular during the Ancien Régime: Lerasle’s Encyclopédie méthodique: Jurisprudence (8 vols., 1782–89), Jean-Baptiste Denisart’s Collection de décisions nouvelles (1st ed., 6 vols., 1754–56), and Joseph-Nicolas Guyot’s Répertoire de jurisprudence (2d ed., 17 vols., 1784–85). As the Appendix indicates, verbatim and almost verbatim extracts from Lerasle, Denisart, and Guyot constitute approximately five per cent of the Digest’s source material. This Article therefore serves as a …

Radcliffe V. Burger, Jessica Brewer

Journal of Civil Law Studies

No abstract provided.

Recognizing The Need To Recognize: A Proposed Foreign Judgment Recognition Statute And A Procedure For Enforcement In Louisiana, Elias M. Medina

Louisiana Law Review

The article discusses a proposed foreign judgment recognition law, the procedure for enforcement in Louisiana, and the state's Uniform Enforcement of Foreign Judgments Act (EFJA).

Revitalizing Louisiana's Lost Chance Doctrine: Burchfield V. Wright Sheds Light On The Need For Medical Expenses, Madeleine K. Morgan

Louisiana Law Review

The article discusses the Louisiana Supreme Court case "Burchfield v. Wright" to examine the use of the 'lost chance doctrine' in medical malpractice lawsuits under the Louisiana Medical Malpractice Act (MMA).

Let The Jury Decide! A Plea For The Proper Allocation Of Decision-Making Authority In Louisiana Negligence Cases, Thomas C. Galligan Jr.

Journal Articles

No abstract provided.

A Budgetary Life Raft: An Analysis Of Louisiana's State And Local Sales Tax, Hayden O. Bigby

Louisiana Law Review

The article discusses the state and local sales taxes in Louisiana, including their history, functions in local government administration, as well as the exemptions and exclusions.

Palliative Sedation And The Louisiana Natural Death Act, Frederick R. Parker Jr.

Louisiana Law Review

The article discusses such topics as palliative sedation, assisted suicide, and euthanasia, as well as their legal implications under the Louisiana Natural Death Act.

Lagniappe Liability: Limiting Employer's Vicarious Liability For Punitive Damages In Louisiana, Thomas C. Naquin

Louisiana Law Review

The article discusses the issue of vicarious liability for punitive damages in Louisiana, particularly the liability of employers for compensatory damages and punitive damages caused by tortfeasors under their employment.

The Best Defense Is No Offense: Reforming Louisiana's Security For Court Costs Statute, Bradley C. Guin

Louisiana Law Review

The article discusses the security for court costs statute in Louisiana, as well as its history including its use in the early English common law, its comparison to other international jurisdictions, as well as some proposals for reform.

The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu

Journal of Civil Law Studies

One of the defining features of the Uniform Commercial Code Article 9 is the secured creditor’s ability to take possession of the collateral upon the debtor’s default “without breach of peace.” This standard is meant to protect the debtor from abusive secured creditors, the meaning of which has been shaped by courts on a case-by-case basis.

In reforming their secured transactions laws to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement mechanisms, including various forms of self-help repossession. However, the …

Three Strikes And You’Re Out: Louisiana’S Alternative Fuel Usage Tax Credit Whiffs Tax Policy . . . Again, Timothy Mcgibboney

LSU Journal of Energy Law and Resources

No abstract provided.

Model Business Corporation Act As Adopted In Louisiana, Glenn G. Morris

Louisiana Law Review

The article looks at the adoption of customized version of the Model Business Corporation Act in Louisiana, replacing Louisiana Business Corporation Law (LBCL) as of January 1, 2015. It informs that Model Act is the product of the Committee on Corporate Laws of the Section of Business Law of the American Bar Association. It mentions the Model law address set of rules for the execution, filing, and reduces the number of required documents for creating corporation.

Sanctions For Frivolous Civil Appeals In Louisiana, Gail S. Stephenson

Louisiana Law Review

The article offers information related to sanctions for frivolous civil appeals under Louisiana Code of Civil Procedure article 2164 in Louisiana. Topics discussed include court case of Parker v. Interstate Life & Accident Insurance Co., penalties for frivolous appeal will not be imposed unless clearly due, and creating an exception to the rule.

Vendor’S Privilege: Adheret Visceribus Rei, L. David Cromwell

Louisiana Law Review

The article offers information on the vendor's privilege on the mortgage debt as stated by the Louisiana Supreme Court. Topics discussed include failure of timely transcription of the mortgage do not affect the vendor's privilege, effectiveness for failure of timely reinscription, and formulation of vendor's privilege law traces back to Code Napoléon.

Compensation For Nonpecuniary Loss: Revising Louisiana Civil Code Article 1998 To Reflect Litvinoff’S Damage-Based Approach, Molly L. Csaki

Louisiana Law Review

The article looks at the revising of Louisiana civil code article 1998 to reflect litvinoff's damage-based approach and for addressing compensation for non-pecuniary damages. Topics discussed include recovery of non-pecuniary damages for the breach of conventional obligations, availability of non-pecuniary damages in Louisiana, and decision of court case Meador v. Toyota of Jefferson Inc.

Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes

Louisiana Law Review

The article focuses on remedial doctrines applied by the U.S. courts in resolving issues of testamentary formalism. Topics discussed include analysis of the substantial compliance doctrine in Louisiana jurisprudence, laws signifying the importance of attestation and presence of witness, and the law for limiting validation of testator's intent through minimis errors.

Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham

Louisiana Law Review

The article focuses on the co-ownership principles and nature of the mineral servitude in Louisiana. Topics discussed include the importance of implementing reforms in the Mineral Code, solutions for equitable remedies for surface co-owners, and the judicial opinion of the Supreme Court of Louisiana on the case Frost-Johnson Lumber Co. v. Sailing's Heirs.

A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert

Louisiana Law Review

The article discusses development in the laws for concealed handgun permit in the U.S. Topics discussed include legal history of gun laws in Louisiana, the constitutionality of laws in context of the First Amendment of the U.S. Constitution, and various laws banning the permit of handgun in Louisiana.

Better Safe Than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against The Double-Sided Coin Of Voter Disenfranchisement, Julia D'Hemecourt

Louisiana Law Review

The author comments on the importance of strengthening voter identification laws in Louisiana. Topics discussed include the occurrence of voter disenfranchisement in the state, the implication of voter fraud for political elections, and the legislation concerning voter's identification and protection of voter's rights.

A Binding And Perpetual Obligation: Protecting Louisiana’S Sixteenth Section Land As A Natural Resource, Zachary Howser

LSU Journal of Energy Law and Resources

No abstract provided.

The Perils Of Primacy: Successor Liability For Lenders Turned Declarants In Louisiana Common Interest Communities, Christopher K. Odinet

Louisiana Law Review

The article discusses successor liability for lenders turned declarants in Louisiana Common Interest Communities. Topics discussed include common interest communities and the declaration of covenants, conditions, and restrictions (CCR), Louisiana's security devices interfacing with CCR collateral and potential successor liability of lenders who foreclose on CCR declarations and Louisiana courts utilizing various legal theories, doctrines, and related statutes in successor liability case.

Louisiana Lignite Mining In The Wake Of The Haynesville Shale, Bobby S. Gilliam, Jonathan P. Mccartney

LSU Journal of Energy Law and Resources

No abstract provided.

Mineral Lease Division Revisited - An Old Doctrine With New Applications, Randall S. Davidson, Andrew D. Martin

LSU Journal of Energy Law and Resources

No abstract provided.