Law Commons^™

Second Place Isn’T Good Enough: Achieving True Reform Throughexpanded Parole Eligibility, Monica L. Bergeron

Louisiana Law Review

The article proposes the expansion of existing geriatric parole statute in Louisiana so as to eradicate the state's practices of unjustified sentencing and mass incarceration.

There Must Be A Better Way: Analyzing Louisiana’S Sales Taxsystem In The Wake Of South Dakota V. Wayfair, Inc., Claire E. Schnell

Louisiana Law Review

The article analyzes Louisiana's sales tax system in the wake of U.S. Supreme Court case, South Dakota versus Wayfair Inc.

Engaging Students In Systemic Change: The Role Of Louisianalaw School Clinics In The State’S Criminal Justice Reformmovement, Robert Lancaster, Maris Mattes

Louisiana Law Review

The article discusses the role of three Louisiana law school clinics in the state's criminal justice reform movement.

Describing Law, Raff Donelson

Journal Articles

Legal philosophers make a number of bold, contentious claims about the nature of law. For instance, some claim that law necessarily involves coercion, while others disagree. Some claim that all law enjoys presumptive moral validity, while others disagree. We can see these claims in at least three, mutually exclusive ways: (1) We can see them as descriptions of law's nature (descriptivism), (2) we can see them as expressing non-descriptive attitudes of the legal philosophers in question (expressivism), or (3) we can see them as practical claims about how we should view law or order our society (pragmatism). This paper argues …

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

Louisiana Bar Exams

No abstract provided.

Explorations With Charlie Sullivan: Theorizing A Different Universe Of Employment Discrimination, William Corbett

All Scholarship

No abstract provided.

"You're Fired!": The Common Law Should Respond With The Refashioned Tort Of Abusive Discharge, William R. Corbett

Journal Articles

An at will prerogative without limits could be suffered only in an anarchy, and there not for long--it certainly cannot be suffered in a society such as ours without weakening the bond of counter balancing rights and obligations that holds such societies together. Thus, while there may be a right to terminate a contract at will for no reason, or for an arbitrary or irrational reason, there can be no right to terminate such a contract for an unlawful reason or purpose that contravenes public policy. A different interpretation would encourage and sanction lawlessness, which law by its very nature …

A Historical Review Of The State Police Powers And Their Relevance To The Covid-19 Pandemic Of 2020, Edward P. Richards

Journal Articles

No abstract provided.

Delaware As Deal Arbiter, Christina M. Sautter

Journal Articles

Most would agree that the Delaware courts are the leading jurists in the resolution of corporate conflicts, particularly in the Mergers & Acquisitions (M&A) context. Arguably a greater role that Delaware plays is that of a norm setter, both with respect to the expectations of management conduct in the M&A process and with respect to deal terms, particularly deal protection devices. Like in any relationship, there is a "give and take" between practitioners and Delaware. That is, practitioners are "on the front lines," often innovating with respect to new deal structures and deal terms. After some time, Delaware has the …

Decommissioning Of Offshore Oil And Gas Facilities In The United States, Keith B. Hall

Journal Articles

No abstract provided.

Transaction Cost Economics & Maes: The Dealmaker's Crystal Ball, Christina M. Sautter

Journal Articles

No abstract provided.

James R. Maxeiner, Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives, Scott J. Burnham, Markus G. Puder

Journal of Civil Law Studies

No abstract provided.

Tracie F. V. Francisco D., Kourtney Benton

Journal of Civil Law Studies

No abstract provided.

Vekic V. Popich, George Day

Journal of Civil Law Studies

No abstract provided.

Guffey V. Lexington House, Adam Laliberte

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Changes In The Legal System: A Comparative Essay Based On The Hungarian Experience, Attila Harmathy

Journal of Civil Law Studies

This article is an attempt to understand the development of law, more particularly the civil law, in a country under constant changes, addressing history, sociology, economics, political science, lan-guages, literature, arts, and, most importantly, civil law itself. The country’s history starts from the foundation of the Hungar-ian state in the 11th century, in the middle of Europe, trying to be independent between strong Western kingdoms and the Byzantine Empire, and creating legal rules based on Christian values. This aim was pursued under the domination of different empires: Tatar, Turk, Austrian, Russian, and German. Political history helps understand the slow economic …

The Digest Online Project: A Resource To Disseminate The Legal Heritage Of Louisiana, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Ledet V. Fabianmartins Construction Llc, Jeremy Carter

Journal of Civil Law Studies

No abstract provided.

Fashion Plantation Estates Prop. Owners Ass'n V. Sims, Lindsay Rich

Journal of Civil Law Studies

No abstract provided.

Yaëll Emerich, Conceptualising Property Law: Integrating Common Law And Civil Law Traditions, John A. Lovett

Journal of Civil Law Studies

No abstract provided.

Tamar Herzog, A Short History Of European Law: The Last Two And A Half Millennia, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Complete V.12 No.2

Journal of Civil Law Studies

No abstract provided.

Scotland - Brexit, Boris Johnson And The Nobile Officium, Stephen Thomson

Journal of Civil Law Studies

No abstract provided.

Doty V. Goauto Insurance, Stephanie Wartelle

Journal of Civil Law Studies

No abstract provided.

A Cacophony Of Speech, Law, And Persona: Battling Against The Vortex Of #Metoo In France And The U.S., Anne Wagner, Sarah Marusek

Journal of Civil Law Studies

The pervasive proliferation of rumors, through #MeToo and #BalanceTonPorc, communicates meaningful and meaningless-making processes on misconducts both in the French and U.S. con-texts. Such rumors have transformed the online practices by culti-vating both verbal and non-verbal hate speech free and/or free speech. This cacophony of speech, law, and persona has led to a debate relayed on social media platforms, exposing people to a dan-ger zone mostly based as shame, hate, fear, or even destruction, as anonymity and due process no longer prevail.

The Words Of Comparative Law, Olivier Moréteau

Journal Articles

While the word "comparative" refers to a cognitive and intellectual activity supposing that there are several elements to compare, the word "law" is used in the singular, as if law was to be compared to itself The whole phrase indicates that comparison takes place within the study of the law, but the use of the singular does not point to a pluralistic approach: what do we mean by law? Should we not talk about "comparing the laws" or "legal comparison"? With a reflection on the words of the law as a starting point, this paper visits the corpus of comparative …

Hazing Laws In Louisiana: Criminal Penalty Masquerading Under The Guise Of Punitive Damages, Brittney Esie

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

From La Beauce To Le Bayou: A Transsystemic Voyage, Rosalie Jukier

Journal of Civil Law Studies

This paper is an adaptation of the Tucker Lecture that I delivered in October of 2017. Its title depicts two iconic places, one in the Canadian province of Quebec, from where I hail, and the other in Louisiana, the locale of my audience. La Beauce, an enchanting part of Quebec, stretches along the Chaudière River and is located about thirty minutes south of Quebec City. Le Bayou refers to the low-lying wetlands found primarily in the southern part of Louisiana, a defining feature of this part of the United States.

In this paper, I attempt to guide an allegorical voyage …