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Louisiana State University Law Center

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Articles 1081 - 1110 of 6749

Full-Text Articles in Law

Denying And Defining Religion Under The First Amendment: Waldorf Education As A Lens For Advocating A Broad Definitional Approach, Michael Rhea Aug 2012

Denying And Defining Religion Under The First Amendment: Waldorf Education As A Lens For Advocating A Broad Definitional Approach, Michael Rhea

Louisiana Law Review

No abstract provided.


July 2012 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions Jul 2012

July 2012 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.


No.22 - July 2012, Center Of Civil Law Studies Jul 2012

No.22 - July 2012, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen Jun 2012

Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen

Journal Articles

Courts confronting First Amendment claims do not often scrutinize the severity of a speaker’s punishment. Embracing a “penalty-neutral” understanding of the free-speech right, these courts tend to treat an individual’s expression as either protected, in which case the government may not punish it at all, or unprotected, in which case the government may punish it to a very great degree. There is, however, a small but important body of “penalty-sensitive” case law that runs counter to the penalty-neutral norm. Within this case law, the severity of a speaker’s punishment affects the merits of her First Amendment claim, thus giving rise …


Stern V. Marshall –– Digging For Gold And Shaking The Foundation Of Bankruptcy Courts (Or Not), Katie Drell Grissel May 2012

Stern V. Marshall –– Digging For Gold And Shaking The Foundation Of Bankruptcy Courts (Or Not), Katie Drell Grissel

Louisiana Law Review

No abstract provided.


The 2011 Diane Sanger Memorial Lecture Protecting Investors In Securitization Transactions: Does Dodd–Frank Help, Or Hurt?, Steven L. Schwarcz May 2012

The 2011 Diane Sanger Memorial Lecture Protecting Investors In Securitization Transactions: Does Dodd–Frank Help, Or Hurt?, Steven L. Schwarcz

Louisiana Law Review

No abstract provided.


Compulsory Licensing Of Intellectual Property As Merger Remedy: A Decision-Theoretic Approach, Jennifer E. Sturiale May 2012

Compulsory Licensing Of Intellectual Property As Merger Remedy: A Decision-Theoretic Approach, Jennifer E. Sturiale

Louisiana Law Review

No abstract provided.


Giving Credit Where Credit Is Due: Applying The Proper Set-Off Rules In Fela And Jones Act Cases After Amclyde, Ayers, And Schadel, Michael Mims May 2012

Giving Credit Where Credit Is Due: Applying The Proper Set-Off Rules In Fela And Jones Act Cases After Amclyde, Ayers, And Schadel, Michael Mims

Louisiana Law Review

No abstract provided.


Crafting An Asbestos Scheduled Compensation Solution For Louisiana And The Nation, Brittan Jackson Bush May 2012

Crafting An Asbestos Scheduled Compensation Solution For Louisiana And The Nation, Brittan Jackson Bush

Louisiana Law Review

No abstract provided.


The Louisiana Doma As An Improper Impediment To The Evolution Of Public Policy Toward Cohabitants, Randy J. Marse Jr. May 2012

The Louisiana Doma As An Improper Impediment To The Evolution Of Public Policy Toward Cohabitants, Randy J. Marse Jr.

Louisiana Law Review

No abstract provided.


No.21 - March 2012, Center Of Civil Law Studies Mar 2012

No.21 - March 2012, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


Picking Up The Pieces: Finding Unity After The Communications Decency Act Section 230 Jurisprudential Clash , Ryan French Feb 2012

Picking Up The Pieces: Finding Unity After The Communications Decency Act Section 230 Jurisprudential Clash , Ryan French

Louisiana Law Review

No abstract provided.


February 2012 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions Feb 2012

February 2012 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.


Bullies On The Bench , Douglas R. Richmond Feb 2012

Bullies On The Bench , Douglas R. Richmond

Louisiana Law Review

No abstract provided.


How And Why Race Continues To Influence The Administration Of Criminal Justice In Louisiana, Robert J. Smith, Bidish J. Sarma Feb 2012

How And Why Race Continues To Influence The Administration Of Criminal Justice In Louisiana, Robert J. Smith, Bidish J. Sarma

Louisiana Law Review

No abstract provided.


Save Ourselves: The Environmental Case That Changed Louisiana, Oliver A. Houck Feb 2012

Save Ourselves: The Environmental Case That Changed Louisiana, Oliver A. Houck

Louisiana Law Review

No abstract provided.


An Uncertain Prescription — Medical Malpractice Actions In Louisiana, Daniel A. Kramer Feb 2012

An Uncertain Prescription — Medical Malpractice Actions In Louisiana, Daniel A. Kramer

Louisiana Law Review

No abstract provided.


Expanded Standing Under The Louisiana Unfair Trade Practices Act And Possible Employee Actions Under The Act, Christopher M. Rhymes Feb 2012

Expanded Standing Under The Louisiana Unfair Trade Practices Act And Possible Employee Actions Under The Act, Christopher M. Rhymes

Louisiana Law Review

No abstract provided.


The Next Financial Hurricane? Rethinking Municipal Bankruptcy In Louisiana , Lauren M. Wolfe Feb 2012

The Next Financial Hurricane? Rethinking Municipal Bankruptcy In Louisiana , Lauren M. Wolfe

Louisiana Law Review

No abstract provided.


Finding Room For Fairness In Formalism--The Sliding Scale Approach To Unconscionability, Melissa T. Lonegrass Jan 2012

Finding Room For Fairness In Formalism--The Sliding Scale Approach To Unconscionability, Melissa T. Lonegrass

Journal Articles

This Article evaluates the sliding scale approach to unconscionability, defends its use, and advocates for its continued and expanded application to consumer standard form contracts. Part I describes the sliding scale approach and its recent popularity in state courts, thereby filling a gap in the scholarly doctrine, which has to date failed to fully examine this trend. Parts II and III defend the sliding scale approach, praising its potential to align the unconscionability analysis with interdisciplinary research regarding consumer behavior and to balance formalist concerns about judicial regulation of unfair terms in standard form contracts. Finally, Part IV calls for …


The Hurricane Katrina Levee Breach Litigation: Getting The First Geoengineering Liability Case Right, Edward P. Richards Jan 2012

The Hurricane Katrina Levee Breach Litigation: Getting The First Geoengineering Liability Case Right, Edward P. Richards

Journal Articles

No abstract provided.


Federal Constitutions: The Keystone Of Nested Commons Governance, Blake Hudson Jan 2012

Federal Constitutions: The Keystone Of Nested Commons Governance, Blake Hudson

Journal Articles

The constitutional structure of a federal system of government can undermine effective natural capital management across scales, from local to global. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain types of natural capital appropriation — such as resources appropriated by private forest management or other land-use-related economic development activities — entrench a legally defensible natural capital commons in those jurisdictions. For example, the same constitution that may legally facilitate poor forest-management practices by private landowners in the southeastern United States may complicate international negotiations related to forest management and climate change. Both the local and international …


Coastal Land Loss And The Mitigation-Adaptation Dilemma: Between Scylla And Charybdis, Blake Hudson Jan 2012

Coastal Land Loss And The Mitigation-Adaptation Dilemma: Between Scylla And Charybdis, Blake Hudson

Journal Articles

Coastal land loss is an inevitable consequence of the confluence of three primary factors: population growth, vanishing wetlands, and rising sea levels. Society may either mitigate coastal land loss by engaging in human engineering projects that create technological solutions or restore natural processes that protect the coastal zone, or it may choose to adapt to coastal land loss by shifting development and other human and economic resources out of areas especially at risk for coastal land loss. This Article first details the primary threats to coastal lands. Next, the Article discusses two primary means of addressing coastal land loss — …


New Life For The Death Tax Debate, Elizabeth Carter Jan 2012

New Life For The Death Tax Debate, Elizabeth Carter

Journal Articles

This article examines the ascendancy of wealth redistribution as the policy underpinning the federal estate tax through the lens of sociology and argues that, by attempting to ensure equal access to the American dream by penalizing only those who have fulfilled its promise, the federal estate tax places fundamental American values in irreconcilable conflict. The reason that the current system does not work, I argue, is rooted more in history and sociology than it is in economics. The solution is not necessarily the repeal of the federal estate tax. Nor is the solution replacing the estate tax with an inheritance …


Localism And Involuntary Annexation: Reconsidering Approaches To New Regionalism, Christopher J. Tyson Jan 2012

Localism And Involuntary Annexation: Reconsidering Approaches To New Regionalism, Christopher J. Tyson

Journal Articles

No abstract provided.


Faculty Jan 2012

Faculty

LSU Journal of Energy Law and Resources

No abstract provided.


All That Is Gold Does Not Glitter In Human Clinical Research: A Law– Policy Proposal To Brighten The Global “Gold Standard” For Drug Research And Development, Michael J. Malinowski, Grant G. Gautreaux Jan 2012

All That Is Gold Does Not Glitter In Human Clinical Research: A Law– Policy Proposal To Brighten The Global “Gold Standard” For Drug Research And Development, Michael J. Malinowski, Grant G. Gautreaux

Journal Articles

This Article challenges the global science standard for putting new drugs on pharmacy shelves. The primary premise is that the “gold standard” of group experimental design is an antiquated extension of drug development’s crude-science past, and is inconsistent with the precision of contemporary genetics— the science that increasingly dominates the drug development pipeline. The Article identifies law– policy options that would raise the standard for human clinical research under the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use.


Government Rx--Back To The Future In Science Funding? The Next Era In Drug Development, Michael J. Malinowski Jan 2012

Government Rx--Back To The Future In Science Funding? The Next Era In Drug Development, Michael J. Malinowski

Journal Articles

The roles of government, industry, and academia in science research have been recast repeatedly since the U.S. began infusing tremendous funding during WWII. Recently, the National Institutes of Health (NIH) proposed a billion-dollar center to intervene in commercial drug development with the objective of lifting it out of a frightening fifteen-year slump in productivity. This article questions the role of the U.S. government in pharmaceutical development after completion of a map of the human genome (the touchstone of the Human Genome Project, HGP), a research undertaking spearheaded by the U.S. Government that spanned more than a decade. Specifically, the article …


Doctors, Patients, And Pills--A System Popping Under Too Much Physician Discretion? A Law-Policy Prescription To Make Drug Approval More Meaningful In The Delivery Of Health Care, Michael J. Malinowski Jan 2012

Doctors, Patients, And Pills--A System Popping Under Too Much Physician Discretion? A Law-Policy Prescription To Make Drug Approval More Meaningful In The Delivery Of Health Care, Michael J. Malinowski

Journal Articles

This article challenges the scope of physician discretion to engage in off-label use of prescription drugs. The discretion to prescribe dimensions beyond the clinical research that puts new drugs on pharmacy shelves has been shaped by two historic influences: a legacy of physician paternalism, solidarity, autonomy, and self-determination that predates the contemporary commercialization of medicine by more than half a century, and regulatory necessity due to the limits of science and innate crudeness of pharmaceuticals prior to the genomics revolution (drug development and delivery based upon genetic expression). Although both factors have changed immensely, the standard for drug approval has …


Adversarial No More: How Sua Sponte Assertion Of Affirmative Defenses To Habeas Wreaks Havoc On The Rules Of Civil Procedure, Katherine Macfarlane Jan 2012

Adversarial No More: How Sua Sponte Assertion Of Affirmative Defenses To Habeas Wreaks Havoc On The Rules Of Civil Procedure, Katherine Macfarlane

Journal Articles

In every federal civil case, a defendant must raise its affirmative defenses in the pleading that responds to a plaintiff's complaint. According to Federal Rule of Civil Procedure 8(c), failure to properly plead, for example, a statute of limitations defense, waives the defense for good. Rule 8(c) does not exempt any category of affirmative defense, nor does it forgive unintentional omissions of certain defenses. It also does not prefer governmental defendants to others. Yet in habeas corpus cases, the most significant affirmative defenses to habeas petitions need not comply with Rule 8(c). Instead, federal courts may raise the affirmative defenses …