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Articles 181 - 210 of 6749
Full-Text Articles in Law
Strangers In A Strange Land: Problems With The Recent Influx Of Ice Detainees Into Louisiana, And What To Do About It, Danielle Grote
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.
I Declare Bankruptcy! Clearing The Jurisdictional Bar On Social Security Claims In Bankruptcy Courts, Elyce Ieyoub
I Declare Bankruptcy! Clearing The Jurisdictional Bar On Social Security Claims In Bankruptcy Courts, Elyce Ieyoub
Louisiana Law Review
The article explains the necessity for a legislative amendment to harmonize administrative law and bankruptcy jurisdiction on social security claims in the U.S.
A Universal Problem: The Universal Injunction, Hayden D. Presley
A Universal Problem: The Universal Injunction, Hayden D. Presley
Louisiana Law Review
The article discusses the appropriateness of and alternatives to the imposition of universal injunction in cases and controversies involving executive orders in the U.S.
A Historical Perspective On Public Access To Private Canals— Vermilion Corp. V. Vaughn, Jason P. Theriot
A Historical Perspective On Public Access To Private Canals— Vermilion Corp. V. Vaughn, Jason P. Theriot
Louisiana Law Review
No abstract provided.
Wait Or Discriminate? Implications Of Tennessee Wine & Spirits Retailers Ass’N V. Thomas On The Alcohol Market, Kendall Dicke
Wait Or Discriminate? Implications Of Tennessee Wine & Spirits Retailers Ass’N V. Thomas On The Alcohol Market, Kendall Dicke
Louisiana Law Review
The article examines the implications of the U.S. Supreme Court decision in Tennessee Wine & Spirits Retailers Association v. Thomas for the regulation and function of the alcoholic beverage industry.
There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.
There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.
Louisiana Law Review
In Exxon Shipping Co. v. Baker, the U.S. Supreme Court recognized the right to recover punitive damages in admiralty cases and held that punitive damages in the case before it could not exceed the amount of the compensatory damages awarded plus the amount of settlements in related cases. In so holding, the Court reviewed many studies related to punitive damages and said that in a case where the defendant’s conduct was reckless but not worse, where the damages awarded were substantial, and where the defendant was not motivated by profit a 1:1 ratio of punitive to compensatory damages was appropriate. …
The Elusive Zone Of Twilight, Michael Coenen, Scott M. Sullivan
The Elusive Zone Of Twilight, Michael Coenen, Scott M. Sullivan
Journal Articles
In his canonical concurring opinion in Youngstown Sheet & Tube Co. v. Sawyer, Justice Robert Jackson set forth a "tripartite" framework for evaluating exercises of presidential power. Regarding the middle category of that framework, Justice Jackson famously suggested that presidential actions undertaken "in absence of either a congressional grant or denial of authority" implicate "a zone of twilight," within which "any actual test of power is likely to depend on the imperatives of events and contemporary imponderables rather than on abstract theories of law." Since the articulation of this idea some seventy years ago, the Supreme Court has furnished little …
February 2021 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
February 2021 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
Louisiana Bar Exams
No abstract provided.
Louisiana Oil & Gas Update, Keith B. Hall
Beyond Lipstick And High Heels: Three Tell-Tale Narratives Of Female Leadership In The United States, Italy, And Japan, Lécia Vicente
Beyond Lipstick And High Heels: Three Tell-Tale Narratives Of Female Leadership In The United States, Italy, And Japan, Lécia Vicente
Journal Articles
No abstract provided.
Even The Slightest: Causation In Fela And Jones Act Cases, Thomas C. Galligan Jr.
Even The Slightest: Causation In Fela And Jones Act Cases, Thomas C. Galligan Jr.
Journal Articles
No abstract provided.
Trilingual Louisiana Civil Code, Book Iv: Conflict Of Laws In English, French, And Spanish, Olivier Moréteau, Mariano Vitetta
Trilingual Louisiana Civil Code, Book Iv: Conflict Of Laws In English, French, And Spanish, Olivier Moréteau, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Jan Jakob Bornheim, Property Rights And Bijuralism, James Gordley
Jan Jakob Bornheim, Property Rights And Bijuralism, James Gordley
Journal of Civil Law Studies
No abstract provided.
Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco
Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco
Journal of Civil Law Studies
The codification of the doctrine of imprévision in France and its codification attempt in Belgium is a significant turning point given the historical resistance in both countries towards it. Nevertheless, the fact that the French and Belgian civil codes had remained silent on the issue for more than 200 years poses problems of interpretation, in particular, with the regard to requirements to be met in or-der to trigger imprévision as set forth by new Article 1195 of the French Civil Code and Draft Article 5.77 of Belgian legislative pro-posal No. 3709/1 of April 3, 2019. In the absence of a …
The Birth Mother’S Assent To Adoption And The Limitation Of Autonomy Of Women’S Will In Spanish Law: A Proposal De Lege Ferenda, María Victoria Mayor Del Hoyo
The Birth Mother’S Assent To Adoption And The Limitation Of Autonomy Of Women’S Will In Spanish Law: A Proposal De Lege Ferenda, María Victoria Mayor Del Hoyo
Journal of Civil Law Studies
Even though in Spanish law the act establishing the adoption is judicial in nature, declarations of will have special relevance in the process, since they are a necessary precondition for the adoption. This work focuses on the assent of the biological mother, who is affected by and has an interest in the adoption process, even if not a party to it herself. In this work, the foundation, configuration, and characteristics of this assent are studied, as well as the form of her declaration of will, and the ability of the mother to offer it. Special attention is paid to the …
Bilingual English-Spanish Louisiana Civil Code, Book I, Titles Iv-X, Mariano Vitetta
Bilingual English-Spanish Louisiana Civil Code, Book I, Titles Iv-X, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Public And Private Intermingled: Changes In The Family And Property Laws Of Argentina, Julieta Marotta, Agustín Parise
Public And Private Intermingled: Changes In The Family And Property Laws Of Argentina, Julieta Marotta, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
Harry Dondorp, David Ibbetson, And Eltjo J. H. Schrage (Eds.), Limitation And Prescription: A Comparative Legal History, Benjamin West Janke
Harry Dondorp, David Ibbetson, And Eltjo J. H. Schrage (Eds.), Limitation And Prescription: A Comparative Legal History, Benjamin West Janke
Journal of Civil Law Studies
No abstract provided.
Introduction To Robert A. Pascal’S Memorandum: The Code As A Textbook And A Rule Book, Olivier Moréteau, Robert A. Pascal
Introduction To Robert A. Pascal’S Memorandum: The Code As A Textbook And A Rule Book, Olivier Moréteau, Robert A. Pascal
Journal of Civil Law Studies
No abstract provided.
Leger V. Leger, Jessica Brewer
Boothe V. Dotd, Jacque P. Biggs
Disentangling Devries: A Manufacturer’S Duty To Warn Against The Dangers Of Third-Party Products, David Judd
Disentangling Devries: A Manufacturer’S Duty To Warn Against The Dangers Of Third-Party Products, David Judd
Louisiana Law Review
The article discusses the ruling by the U.S. Supreme Court in the case Air and Liquid Systems Corp. v. DeVries to examine issues on the product manufacturers' duty to warn against the dangers of third-party products.
Confronting The Bias Dichotomy In Jury Selection, Brooks Holland
Confronting The Bias Dichotomy In Jury Selection, Brooks Holland
Louisiana Law Review
The article examines the intractable dichotomy of bias in jury selection in the U.S. and some tips on how to resolve bias like the elimination of peremptory challenges.
To Impute Or Not To Impute: Independent Insurance Adjuster Liability In Louisiana, Braxton A. Duhon
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.
An Unbroken Thread: African American Exclusion From Jury Service, Past And Present, Alexis Hoag
An Unbroken Thread: African American Exclusion From Jury Service, Past And Present, Alexis Hoag
Louisiana Law Review
The article examines the historical exclusion and contemporary underrepresentation of African Americans from jury service in the U.S. as of October 2020, and proposes legal and policy solutions to increase their representation in jury pools.
Is The #Metoo Movement For Real? Implications For Jurors’Biases In Sexual Assault Cases, Mary Graw Leary
Is The #Metoo Movement For Real? Implications For Jurors’Biases In Sexual Assault Cases, Mary Graw Leary
Louisiana Law Review
The article discusses the emerging research on the #MeToo movement and its possible effects on the population of potential jurors in the U.S., particularly in sexual assault cases.
The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner
The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner
Louisiana Law Review
Both Montesquieu and Tocqueville thought that an independent judiciary was key to maintaining a moderate government of ordered liberty. But judicial power should not be exercised too openly, or the people would view judges as tyrannical. In Montesquieu's and Tocqueville's view, the jury was an excellent mask for the power of judges. Both Montesquieu and Tocqueville thought that popular juries had many weaknesses in deciding cases. But, as Tocqueville made clear, the firm guidance of the judge in instructions on law and comments on evidence could prevent juries from going astray and make the institution a "free school" for democracy. …
Reasons For The Disappearing Jury Trial: Perspectives From Attorneys And Judges, Shari Seidman Diamond, Jessica M. Salerno
Reasons For The Disappearing Jury Trial: Perspectives From Attorneys And Judges, Shari Seidman Diamond, Jessica M. Salerno
Louisiana Law Review
The article discusses the results of a national survey of U.S. attorneys and judges on the possible reasons behind the disappearing jury trials in the country and the potential system effects on the decline of jury trials.