Law Commons^™

July 2022 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.

The Importance Of Looking Under The 'Administrative Hood': A Case Study Of The National Waters Protection Rule, Nicholas S. Bryner, Victor Byers Flatt

Journal Articles

In an era of legislative gridlock, policy by administrative action has expanded, with 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, both Republican and Democratic Administrations have made cost-benefit analysis the currency of federal rulemaking in the executive branch.

The combination of the expansion of cost-benefit analysis and the increased litigation over rulemaking has increased the importance of economic and scientific justifications in both the promulgation and revision of administrative actions. …

Justice For All: Examining Bostock V. Clayton County’S Impact On Louisiana Employment Discrimination Law, Lane Simon

LSU Law Journal for Social Justice & Policy

No abstract provided.

Louisiana’S Criminal Defense Dilemma: Working Toward A Disaster Resistant Future, Tyler Duffy

LSU Law Journal for Social Justice & Policy

No abstract provided.

Voting Able: Accessible In-Person Voting For Persons With Disabilities, Keiara T. B. Fort

LSU Law Journal for Social Justice & Policy

No abstract provided.

Faculty

LSU Law Journal for Social Justice & Policy

No abstract provided.

Masthead

LSU Law Journal for Social Justice & Policy

No abstract provided.

Table Of Contents

LSU Law Journal for Social Justice & Policy

No abstract provided.

Cover

LSU Law Journal for Social Justice & Policy

No abstract provided.

The Racial Politics Of Fair Use Fetishism, Anjali Vats

LSU Law Journal for Social Justice & Policy

No abstract provided.

“A Time To Train” The Next Generation Of Legal Professionals To Become Culturally Competent While Practicing Humility, Deleso A. Alford

LSU Law Journal for Social Justice & Policy

No abstract provided.

Helpless By Law: Enduring Lessons From A Century-Old Tragedy, Raymond T. Diamond, Robert J. Cottrol

Journal Articles

This essay examines questions of violence and self-defense in African American history. It does so by contrasting historical patterns of racist anti-Black violence prevalent in the nineteenth and early twentieth century, as exemplified by the destruction of the Greenwood community in Tulsa Oklahoma in 1921, with the current phenomenon of Black-on-Black violence in modern inner-city communities. Although circumstances have changed greatly in the century since the destruction of Greenwood, two phenomena persist: 1. the failure of authorities to protect Black communities and their residents, and 2. efforts by authorities to use the law or law enforcement to disarm members of …

Permitting Gross-Ups For Title Vii Back-Pay Awards: A Gross Tax Issue, Gabrielle Domangue

Louisiana Law Review

The article details the conflicting opinions of U.S. federal district and circuit courts on whether gross-ups are permitted for Title VII lump-sum back-pay awards and explores the effect of federal income taxation on Title VII awards as well as factors to consider for determining gross-ups.

“This Lawsuit Smacks Of Racism”: Disinformation, Racial Coding,And The 2020 Election, Atiba R. Ellis

Louisiana Law Review

The essay exposes racism in the lawsuit filed by then U.S. President Donald Trump's campaign that led to the 2021 Capitol Insurrection, discusses racial coding and voting rights realism and considers disinformation events and voter fraud myth on racist conduct during the 2020 presidential election.

The Great Escape: Exploring Chapter 11’S Allure To Mass Tort Defendants, Natalie R. Earles

Louisiana Law Review

The article explores Chapter 11 bankruptcy proceedings as a defense strategy used by mass tort defendants to escape unfavorable litigation and proposes the U.S. Congress to revise the Bankruptcy Code to disincentivize the misuse of bankruptcy power.

The Coming Of The Fifteenth Amendment: The Republican Party And The Right To Vote In The Early Reconstruction Era, Earl Maltz

Louisiana Law Review

The year 2020 marked the 150th anniversary of the ratification of the Fifteenth Amendment, the last of the three Reconstruction Amendments that fundamentally transformed both the structure of the Constitution and the nature of American federalism. The Fifteenth Amendment differed

from its predecessors in a number of important ways. First, it was the only one of the Reconstruction Amendments and remains the only part of the entire Constitution to focus explicitly on race. In addition, the amendment became the first provision of the Constitution to limit the power of the state governments to establish the qualifications for voters in elections …

Voting Rights, Democracy, And The Constitution After January 6, 2021, Paul Finkelman

Louisiana Law Review

The article looks into the history of voter suppression in the U.S. to understand the need for the Voting Rights Act of 1965 and examines the current state of voting rights and democratic system of government in various U.S. states after the January 6, 2021 attack at the Capitol Building.

Tipping The Cap To Practical And Equitable Considerations: The Supreme Court Should Refuse To Apply 11 U.S.C. § 502 (B)(6)’S Cap To Non-Rent Damages, Andrew K. Chenevert

Louisiana Law Review

The article argues for the U.S. Supreme Court to refuse to apply Section 502(b)(6) of the U.S. Constitution, which sets a cap on landlord's recoverable damages resulting from termination of a lease of real property, to non-rent damages.

Reigning In Regulatory Overreach: Ferc’S Role In Bankruptcy, Bradley G. Oster

Louisiana Law Review

The article examines points of law governing the role and jurisdiction of the U.S. Federal Energy Regulatory Commission (FERC), including the Federal Power Act's (FPA) field rate doctrine and Mobile-Sierra doctrine and the Bankruptcy Code, in bankruptcy-related litigations.

February 2022 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.

Cross-Statute Employment Discrimination Claims And The Need For A "Super Statute", William R. Corbett

Journal Articles

Employment discrimination law is almost sixty years old in the United States. The law has developed under several different statutes enacted by Congress at different times. Congress has amended the statutes over the years, almost always in reaction to Supreme Court decisions with which it disagrees. The Supreme Court and the lower courts then interpret these piecemeal repairs of the law. This approach has produced a body of employment discrimination law in which there are significant asymmetries among the protected characteristics and the several statutes. These asymmetries produce both practical and theoretical problems, creating employment discrimination law that is cumbersome …

Never Look Back: Non-Regression In Environmental Law, Nicholas S. Bryner

Journal Articles

Deregulatory advocates often frame environmental protection and economic well-being as a zero-sum tradeoff. During times of economic crisis, including the long-term fallout from the global covid-19 pandemic, policymakers may seek to withdraw or roll back environmental laws and regulations in an attempt to accelerate economic recovery. In order to safeguard the interests of vulnerable populations that suffer from pollution and other environmental harms, it is imperative to retain environmental regulations, removing or relaxing them only when there is a clear justification for doing so.

Built in environmental legal frameworks in both international and domestic law is a principle of non-regression—no …

Legal Uncertainties: Covid-19, Distance Learning, Bar Exams, And The Future Of U.S. Legal Education, Christine Corcos

Journal Articles

The COVID-19 pandemic forced the U.S. legal academy and legal profession to make changes to legal education and training very rapidly in order to accommodate the needs of students, graduates, practitioners, clients, and the public. Like most of the public, members of the profession assumed that most, if not all, of the changes would be temporary, and life would return to a pre-pandemic normal.

These assumed temporary changes included a rapid and massive shift to online teaching for legal education, to online administration of the bar exam in some jurisdictions, or the option to offer the diploma privilege in others. …

The Corporate Forum, Christina M. Sautter, Sergio Alberto Gramitto Ricci

Journal Articles

In this response to Professor Jill Fisch’s article "GameStop and the Reemergence of the Retail Investor," we focus on one of the risks associated with the growth of retail investing that Fisch surveys, uncontrolled information sourcing. Drawing on our work on retail investors, we revisit an instrument dear to the U.S. Securities and Exchange Commission, whose potential has not been unleashed so far, the corporate forum. Our response succinctly discusses the main mechanics of the corporate forum, the benefits the corporate forum could provide, and the feasibility hurdles that might undermine the success of corporate forums.

Louisiana Oil & Gas Update, Keith B. Hall

Journal Articles

No abstract provided.

Overruling Louisiana: Horizontal Stare Decisis And The Concept Of Precedent, Santiago Legarre, Christopher R. Handy

Louisiana Law Review

The article discusses two U.S. Supreme Court cases, Ramos v. Louisiana and June Medical v. Russo, which deal with the concept of stare decisis that approached horizontal precedent and overruling.

In Defense: New York Times V. Sullivan, Matthew L. Schafer

Louisiana Law Review

The article discusses the U.S. Supreme Court case New York Times v. Sullivan which deals with the actual-malice requirement, the common law of libel, and public-official and public-figure libel plaintiffs.

It’S What You Said And How You Said It: The Nlrb’S Attempt To Separate Employee Misconduct From Protected Activity In General Motors Llc, Casey Thibodeaux

Louisiana Law Review

The article discusses a court case involving automobile company General Motors LLC which deals with the company's obligations under the National Labor Relations Act, antidiscrimination laws, and the application of employee discipline cases relating to protected activities.

Omnipotent Doctrine Of Law: The Ministerial Exception After Our Lady Of Guadalupe School V. Morrissey-Berru, Madeleine Breaux

Louisiana Law Review

The article discusses the U.S. Supreme Court case Our Lady of Guadalupe School v. Morrissey-Berru which deals with the ministerial exception, the Civil Rights Act of 1964, and the separation of the church and the state.

The Limits Of Executive Power In Crisis In The Early Republic: Martin V. Mott—An Old Gray Mare—Reexamined Through Its Own History, Joshua E. Kastenberg

Louisiana Law Review

The article discusses the structure of the militia under the U.S. Constitution including the political and military character of the War of 1812 and the analysis of the court case Martin v. Moth based on the circumstances surrounding the war.