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Louisiana State University Law Center

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Articles 211 - 240 of 6749

Full-Text Articles in Law

A Wanted Opioid-Addiction Challenge: How Should Louisiana Allocate Proceeds From Opioid Litigation?, Addison Hollis Dec 2020

A Wanted Opioid-Addiction Challenge: How Should Louisiana Allocate Proceeds From Opioid Litigation?, Addison Hollis

Louisiana Law Review

The article discusses the issues on how the state of Louisiana should allocate the settlement proceeds from opioid litigation and the state's role in the opioid multidistrict litigation (MDL) in the U.S.


Close, But No Cigar: Issues With Louisiana Revised Statutes § 9:2800.27 And The Collateral Source Rule, Andrew G. Jarreau Dec 2020

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.


Permission Granted: The Requirement Of Consent Under The Louisiana Mineral Code, Patrick S. Ottinger Nov 2020

Permission Granted: The Requirement Of Consent Under The Louisiana Mineral Code, Patrick S. Ottinger

Louisiana Law Review

The article addresses the requirement of consent under the Louisiana Mineral Code, which represents the culmination of an effort to codify the law of Louisiana pertaining to mineral rights, including oil and gas.


Protecting A Defendant’S Right To Appeal Adverse Judgments Under Louisiana Code Of Civil Procedure Article 966(G), William Bell Nov 2020

Protecting A Defendant’S Right To Appeal Adverse Judgments Under Louisiana Code Of Civil Procedure Article 966(G), William Bell

Louisiana Law Review

The article addresses Louisiana Code of Civil Procedure Article 966(G) about the protection of a defendant's right to appeal adverse judgments.


Reworking Louisiana’S Private Works Act, L. David Cromwell, Mallory Waller Nov 2020

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.


Le Deuxième Grand Dérangement: Expelling Louisiana’S Taking Of Private Property Through Article 450, Michael C. Schimpf Nov 2020

Le Deuxième Grand Dérangement: Expelling Louisiana’S Taking Of Private Property Through Article 450, Michael C. Schimpf

Louisiana Law Review

The article explains classification of things in Louisiana in relation to water bottom ownership and the state's protection of private property.


A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados Nov 2020

A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados

Louisiana Law Review

The article examines the concept of juridical act from both a comparative and Louisiana law perspective to establish the validity of the general theory of juridical acts and to determine the useful components drawn from each system.


Will Formalities In Louisiana: Yesterday, Today, And Tomorrow, Ronald J. Scalise Jr. Nov 2020

Will Formalities In Louisiana: Yesterday, Today, And Tomorrow, Ronald J. Scalise Jr.

Louisiana Law Review

The article provides a brief history of wills against the backdrop of the purpose of the form requirements for wills and history of Louisiana's experience with will formalities, the law of yesterday and the law of today.


Let Louisiana’S Bastards Beat The Clock: It’S Time To Amend Article 197, Emily M. Gauthier Nov 2020

Let Louisiana’S Bastards Beat The Clock: It’S Time To Amend Article 197, Emily M. Gauthier

Louisiana Law Review

The article suggests that the Louisiana Legislature can bring clarity to the state's law and provide equity for children born out of wedlock by amending Louisiana Civil Code article 197.


A “Modern Family” Issue: Recategorizing Embryos In The 21st Century, Hannah C. Catchings Nov 2020

A “Modern Family” Issue: Recategorizing Embryos In The 21st Century, Hannah C. Catchings

Louisiana Law Review

The article explores the practical consequences that result from Louisiana's human embryo statutory scheme and the language used to define the legal status of pre-implantation embryos.


Reversing The Decriminalization Of Sexual Violence, Lisa Avalos Oct 2020

Reversing The Decriminalization Of Sexual Violence, Lisa Avalos

Journal Articles

Sexual violence has largely been decriminalized in the United States through disbelief of victims, apathy on the part of law enforcement officers, and inaction on the part of institutions. Indeed, these mechanisms are so effective at burying the problem that most people are not aware of the extent of unprosecuted sexual violence, the woefully deficient law enforcement response, and the need for sweeping reform. The Article proceeds in two parts. Part I maps the extent of this problem and argues that the weakest link in the societal response to sexual assault lies at the juncture between victim and law enforcement. …


No.50 - October 2020, Center Of Civil Law Studies Oct 2020

No.50 - October 2020, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


October 2020 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions Oct 2020

October 2020 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.


Cover, Masthead & Contents Sep 2020

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Uruguay : New Developments In The Civil Law Of The Eastern Republic Of Uruguay In 2019 And 2020, Walter Howard Sep 2020

Uruguay : New Developments In The Civil Law Of The Eastern Republic Of Uruguay In 2019 And 2020, Walter Howard

Journal of Civil Law Studies

No abstract provided.


Rodrigo Momberg & Stefan Vogenauer (Eds.), The Future Of Contract Law In Latin America: The Principles Of Latin American Contract Law, Alberto L. Zuppi Sep 2020

Rodrigo Momberg & Stefan Vogenauer (Eds.), The Future Of Contract Law In Latin America: The Principles Of Latin American Contract Law, Alberto L. Zuppi

Journal of Civil Law Studies

No abstract provided.


The European Court Of Justice At Work: Comparative Law On Stage And Behind The Scenes, Michele Graziadei Sep 2020

The European Court Of Justice At Work: Comparative Law On Stage And Behind The Scenes, Michele Graziadei

Journal of Civil Law Studies

The European Court of Justice (ECJ) has often been hailed as an engine of European integration. Entrusted with the task of securing the uniform interpretation of the law of the European Union—among other functions—the ECJ makes use of comparative law for a variety of purposes. The very composition of the Court and its peculiar linguistic regime make the Court a major comparative law laboratory. Under the Treaties, the Court is explicitly authorised to resort to comparative law as a method of judicial interpretation with regard to certain aspects of European law. But comparative law is an essential tool for the …


Medical Civil Liability Without Deterrence: Preliminary Remarks For Future Research, Emiliano Marchisio Sep 2020

Medical Civil Liability Without Deterrence: Preliminary Remarks For Future Research, Emiliano Marchisio

Journal of Civil Law Studies

The traditional deterrence-based paradigm of civil liability may be understood as indirect market regulation, as the risk of incurring liability for damages provides an incentive to invest in safety. Such an approach, however, has proven to be inappropriate in medical civil liability. Extensive literature shows that the increase in the asymmetric protection of patients by extending medical civil liability beyond a certain limit does not improve safety; instead, that strategy determines the adoption of “defensive” techniques (the so-called “defensive medicine”). Paradoxically, this approach leads to a reduction in market efficiency and overall patient safety. The traditional paradigm of medical civil …


Colloquium : The Opportunities Of Distance Teaching Sep 2020

Colloquium : The Opportunities Of Distance Teaching

Journal of Civil Law Studies

No abstract provided.


Louisiana Civil Code -- Código Civil De Luisiana Sep 2020

Louisiana Civil Code -- Código Civil De Luisiana

Journal of Civil Law Studies

No abstract provided.


Radcliffe V. Burger, Jessica Brewer Sep 2020

Radcliffe V. Burger, Jessica Brewer

Journal of Civil Law Studies

No abstract provided.


Complete V.13 No.1 Sep 2020

Complete V.13 No.1

Journal of Civil Law Studies

No abstract provided.


A Brief Introduction To The Louisiana Civil Code Spanish Translation Project, Mariano Vitetta Sep 2020

A Brief Introduction To The Louisiana Civil Code Spanish Translation Project, Mariano Vitetta

Journal of Civil Law Studies

No abstract provided.


The Encyclopedist Code: Ancien Droit Legal Encyclopedias And Their Verbatim Influence On The Louisiana Digest Of 1808, Seth S. Brostoff Sep 2020

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 …


Toc Sep 2020

Toc

LSU Journal of Energy Law and Resources

No abstract provided.


Please Hold Your Applause: How Clapper V. Amnesty International Usa Deters Data Breach Litigants From Seeking A Judicial Remedy, Harrison M. Martin Sep 2020

Please Hold Your Applause: How Clapper V. Amnesty International Usa Deters Data Breach Litigants From Seeking A Judicial Remedy, Harrison M. Martin

Louisiana Law Review

The article presents the U.S. Supreme Court case Clapper v. Amnesty International USA to discuss issues on data breach litigations and the remedies used by the courts to confer standing for litigants.


Having Your Cake And Eating It, Too: Using Special Masters In Daubert Hearings To Promote Scientific Analyses Of Expert Testimony, Luis Balart Sep 2020

Having Your Cake And Eating It, Too: Using Special Masters In Daubert Hearings To Promote Scientific Analyses Of Expert Testimony, Luis Balart

Louisiana Law Review

The article discusses issues on the admissibility of scientific evidence in federal court trials in the U.S., and the use by judges of court-appointed experts and advisors to help in making evidentiary decisions requiring technical or scientific knowledge.


Environmental And Economic Pitfalls Of Interstate Water Transfers, Micah Goodwin Sep 2020

Environmental And Economic Pitfalls Of Interstate Water Transfers, Micah Goodwin

Louisiana Law Review

The article discusses the environmental and economic issues related to interstate water transfers in the U.S. and other topics like surface water regimes, groundwater management, and water supply management.


Consortium And Workers’ Compensation: The Demolition Of Consortium, Michael Green, David M. Layman Sep 2020

Consortium And Workers’ Compensation: The Demolition Of Consortium, Michael Green, David M. Layman

Louisiana Law Review

The article discusses issues on spousal consortium claims and workers' compensation in the U.S., including the aspects of compensation for accidental injuries and tort claims.


Valuing Community Property Businesses: The Good, The Bad, And The Ugly Of Louisiana Law, Sally Brown Richardson Sep 2020

Valuing Community Property Businesses: The Good, The Bad, And The Ugly Of Louisiana Law, Sally Brown Richardson

Louisiana Law Review

The article discusses the law in Louisiana on the valuation of community property businesses in divorce proceedings and other topics like fair market value and the ruling by the Louisiana Second Circuit of Appeal in the 2003 case Ellington v. Ellington.