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Articles 1021 - 1050 of 6749
Full-Text Articles in Law
Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret S. Thomas
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 …
What We Talk About When We Talk About Tax Exemption, Philip T. Hackney
What We Talk About When We Talk About Tax Exemption, Philip T. Hackney
Journal Articles
Certain nonprofit organizations are granted exemption from federal income tax (“tax exemption”). Most theories assume tax exemption is a subsidy for organizations such as charities that provide some underprovided good or service. To make the subsidy case, these theories assume that there should be a tax on nonprofit organization income but provide no justification for this assumption. This article contributes to the literature by considering corporate income tax rationales as a proxy for why we might tax nonprofit organizations. The primary two corporate tax theories hold that the corporate tax is imposed to: (1) tax shareholders (“shareholder theory”), and (2) …
Auction Theory And Standstills: Dealing With Friends And Foes In A Sale Of Corporate Control, Christina M. Sautter
Auction Theory And Standstills: Dealing With Friends And Foes In A Sale Of Corporate Control, Christina M. Sautter
Journal Articles
A fundamental issue in Delaware mergers & acquisitions (M&A) law is the extent to which a target company’s board of directors may restrict a sales process to extract value from bidders and grant a “winning bidder” certain deal protections to protect a transaction from being overbid. Standstill agreements are one such form of deal protection. Standstills prevent bidders from making or announcing a bid for the target without the target’s consent both during the sales process and for a period after the sales process is completed and the target has executed an agreement with a “winning bidder.” Recent 2011 and …
Louisiana Oil & Gas Update, Keith B. Hall
In The Civic Republic: Crime, The Inner City, And The Democracy Of Arms - A Disquisition On The Revival Of The Militia At Large, Raymond T. Diamond, Robert J. Cottrol
In The Civic Republic: Crime, The Inner City, And The Democracy Of Arms - A Disquisition On The Revival Of The Militia At Large, Raymond T. Diamond, Robert J. Cottrol
Journal Articles
No abstract provided.
Hydraulic Fracturing: Trade Secrets And The Mandatory Disclosure Of Fracturing Water Composition, Keith B. Hall
Hydraulic Fracturing: Trade Secrets And The Mandatory Disclosure Of Fracturing Water Composition, Keith B. Hall
Journal Articles
No abstract provided.
The American Takings Revolution And Public Trust Preservation: A Tale Of Two Blackstones, Blake Hudson
The American Takings Revolution And Public Trust Preservation: A Tale Of Two Blackstones, Blake Hudson
Journal Articles
The U.S. Constitution was forged out of a revolution that both rejected and embraced aspects of English legal tradition. The Takings Clause and its subsequent jurisprudential interpretation represents a rejection of what the Framers at the time and constitutional Reframers since that time viewed as central government over-reaching and improper interference with private property rights. The Framers left fully intact — and a different set of constitutional Reframers are increasingly seeking to use — the English common law doctrine of public trust to prevent private property rights from trumping the public’s interest in certain resources, especially in the coastal zone. …
Hydraulic Fracturing Contamination Claims: Problems With Proof, Keith B. Hall
Hydraulic Fracturing Contamination Claims: Problems With Proof, Keith B. Hall
Journal Articles
Hydraulic fracturing is controversial. Many people believe that hydraulic fracturing has caused contamination of groundwater and that the process should be prohibited because it is likely to cause additional contamination if it continues to be used. Many other people believe that hydraulic fracturing has not caused contamination and that little additional regulation is needed because fracturing is a useful process that poses little risk. Notably, this disagreement is not merely a difference of opinion regarding how society should balance economic development and environmental protection. Instead, the disagreement concerns facts – whether fracturing already has caused contamination and how much risk …
Uncommon Approaches To Commons Problems: Nested Governance Commons And Climate Change, Blake Hudson, Jonathan Rosenbloom
Uncommon Approaches To Commons Problems: Nested Governance Commons And Climate Change, Blake Hudson, Jonathan Rosenbloom
Journal Articles
Natural capital resources crucial to combatting climate change are potentially subject to tragic overconsumption absent a requisite degree of vertical government regulation of resource appropriators and/or horizontal collective action among resource appropriators. In federal systems, these vertical and horizontal approaches may (or may not) take place in any one of four scales — local, state, national, and global — “nested” one within another. Prior research has described how natural capital in federal systems of government, though privatized and/or subject to government regulation, may nonetheless remain in a tragic plight due to the allocation of governance authority in federal systems — …
Calling On Congress: Take A Page From Parliament's Playbook And Fix Employment Discrimination Law, William Corbett
Calling On Congress: Take A Page From Parliament's Playbook And Fix Employment Discrimination Law, William Corbett
Journal Articles
No abstract provided.
No.24 - December 2012, Center Of Civil Law Studies
No.24 - December 2012, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
From The Courts To The Code: The Origin And Development Of The Law Of Louisiana On Mineral Rights, Patrick S. Ottinger
From The Courts To The Code: The Origin And Development Of The Law Of Louisiana On Mineral Rights, Patrick S. Ottinger
LSU Journal of Energy Law and Resources
No abstract provided.
The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time, J. Peter Byrne
The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time, J. Peter Byrne
Louisiana Law Review
No abstract provided.
We Won’T Take “No” For An Answer: The Validity Of Louisiana’S No-Refusal Policy, Katherine L. Cicardo
We Won’T Take “No” For An Answer: The Validity Of Louisiana’S No-Refusal Policy, Katherine L. Cicardo
Louisiana Law Review
No abstract provided.
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Louisiana Law Review
No abstract provided.
Sea-Level Rise And Its Impact On Vulnerable States: Four Examples, Ann Powers
Sea-Level Rise And Its Impact On Vulnerable States: Four Examples, Ann Powers
Louisiana Law Review
No abstract provided.
No.23 - November 2012, Center Of Civil Law Studies
No.23 - November 2012, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Sea-Level Rise And The Endangered Species Act, Dave Owen
Sea-Level Rise And The Endangered Species Act, Dave Owen
Louisiana Law Review
No abstract provided.
The Big Man In The Big House: Prisoner Free Exercise In Light Of Employment Division V. Smith, Joseph Thomas Wilson
The Big Man In The Big House: Prisoner Free Exercise In Light Of Employment Division V. Smith, Joseph Thomas Wilson
Louisiana Law Review
No abstract provided.
All In The Family: Examining Louisiana’S Faulty Birth Order-Based Discrimination, Taylor Gay
All In The Family: Examining Louisiana’S Faulty Birth Order-Based Discrimination, Taylor Gay
Louisiana Law Review
No abstract provided.
The Perfect Fit: Lessons For Renewable Energy Subsidies In The World Trade Organization, Daniel Peat
The Perfect Fit: Lessons For Renewable Energy Subsidies In The World Trade Organization, Daniel Peat
LSU Journal of Energy Law and Resources
No abstract provided.
Using Governmental Incentives To Finance Solar Renewable Energy Projects: Alternative Investments For High-Net-Worth Individuals, Michael Cole
LSU Journal of Energy Law and Resources
No abstract provided.
Six Years Later: Louisiana Legacy Lawsuits Since Act 312, Loulan Pitre Jr.
Six Years Later: Louisiana Legacy Lawsuits Since Act 312, Loulan Pitre Jr.
LSU Journal of Energy Law and Resources
No abstract provided.
Coastal Land Loss And The Mitigation – Adaptation Dilemma: Between Scylla And Charybdis, Blake Hudson
Coastal Land Loss And The Mitigation – Adaptation Dilemma: Between Scylla And Charybdis, Blake Hudson
Louisiana Law Review
No abstract provided.
And Not A Drop To Drink: Admiralty Law And The Bp Well Blowout, John Costonis
And Not A Drop To Drink: Admiralty Law And The Bp Well Blowout, John Costonis
Louisiana Law Review
No abstract provided.