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Articles 361 - 390 of 6749
Full-Text Articles in Law
Appealing Standards: Louisiana’S Constitutional Provision Governing Appellate Review Of Criminal Facts, Scott Crichton, Stuart Kottle
Appealing Standards: Louisiana’S Constitutional Provision Governing Appellate Review Of Criminal Facts, Scott Crichton, Stuart Kottle
Louisiana Law Review
The article offers a look at the Louisiana Constitution and discusses the constitutional provision governing appellate review of criminal cases.
When The First Amendment Compels An Offensive Result: Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, James Hart
Louisiana Law Review
The article discusses the court case Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, decided by the U.S. Supreme Court in June of 2018, wherein the plaintiff alleged discrimination based on sexual orientation.
States’ Rights To Protect Gun-Owning Patients From Politicized Physician Speech, Frank Griffin M.D., J.D.
States’ Rights To Protect Gun-Owning Patients From Politicized Physician Speech, Frank Griffin M.D., J.D.
Louisiana Law Review
The article examines the U.S. states' obligations to protect patients' best interests and evaluates physicians' free speech rights in the patient-physician relationship.
All Rape Is Not Created Equal: A Cure For The Ambiguity Of Consent In Louisiana’S Third-Degree Rape Statute, Jourdan E. Moschitta Curet
All Rape Is Not Created Equal: A Cure For The Ambiguity Of Consent In Louisiana’S Third-Degree Rape Statute, Jourdan E. Moschitta Curet
Louisiana Law Review
The article discusses the development of the current third-degree rape regime in Louisiana, introduces the expansion of the consent clause and examines how consent is defined in Louisiana's courtrooms.
The Plight Of The Unpopular Poor: Sex Offender Registration And Notification Costs To Indigent Offenders In Louisiana, Justin Dicharia
The Plight Of The Unpopular Poor: Sex Offender Registration And Notification Costs To Indigent Offenders In Louisiana, Justin Dicharia
Louisiana Law Review
The article explores the inadequacies to indigent offenders in the sex offender registration and notification laws of Louisiana and recommends solutions to fix them.
Bailing Out Louisiana: A Proposal To Reform Louisiana’S Money-Based Bail Bond System, Milton J. Hernandez Iv
Bailing Out Louisiana: A Proposal To Reform Louisiana’S Money-Based Bail Bond System, Milton J. Hernandez Iv
Louisiana Law Review
The article offers a background on the bail system in Louisiana and discusses recent developments in bail reform in other jurisdictions around the U.S., particularly in states adopting risk assessment-based systems.
“License, Registration, And State Funding, Please”: Overhauling Louisiana’S Traffic-Ticket Funding Scheme Of Public Defenders, Mary Grace Richardson
“License, Registration, And State Funding, Please”: Overhauling Louisiana’S Traffic-Ticket Funding Scheme Of Public Defenders, Mary Grace Richardson
Louisiana Law Review
The article recommends a funding structure for public defenders in Louisiana that eliminates budget shortfalls by substituting the district-level user-pay system, in which all criminal defendants shoulder the cost of indigent defense through court fees and fines, for a centralized, state-funded general revenue stream.
February 2019 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
February 2019 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
Louisiana Bar Exams
No abstract provided.
The Bp Mdl And Its Aftermath: Whither Opa's Displacement Jurisprudence?, John Costonis
The Bp Mdl And Its Aftermath: Whither Opa's Displacement Jurisprudence?, John Costonis
Journal Articles
No abstract provided.
The History Of The Loyal Denominator, Christopher R. Green
The History Of The Loyal Denominator, Christopher R. Green
Louisiana Law Review
This article offers a defense on the view that aims to fit the text and history of the U.S. Constitution, preserve Fourteenth Amendment legitimacy, and clarify the Fourteenth Amendment's author by framing it as an expression of the victorious Union's Republican principles.
No Act Of God Necessary: Expanding Beyond Louisiana’S Force Majeure Doctrine To Imprévision, Christopher R. Handy
No Act Of God Necessary: Expanding Beyond Louisiana’S Force Majeure Doctrine To Imprévision, Christopher R. Handy
Louisiana Law Review
The article discusses the strict implementation of force majeure doctrine in Louisiana and offers a realistic solution to the states's inflexible approach to force majeure which requires a legislative revision of the Louisiana Civil Code.
State Standing For Equality, Seth Davis
State Standing For Equality, Seth Davis
Louisiana Law Review
The article discusses the U.S. Supreme Court's ruling in Alfred L. Snapp & Son Inc. v. Puerto Rico ex rel. Barez and offers a reading of the case as an equality law case in order to take stock of state standing for equality.
“To This Tribunal The Freedman Has Turned”: The Freedmen’Sbureau’S Judicial Powers And The Origins Of The Fourteenthamendment, Hon. Bernice B. Donald, Pablo J. Davis
“To This Tribunal The Freedman Has Turned”: The Freedmen’Sbureau’S Judicial Powers And The Origins Of The Fourteenthamendment, Hon. Bernice B. Donald, Pablo J. Davis
Louisiana Law Review
The article explores the U.S. Freedmen's Bureau as a significant part of the context of the Fourteenth Amendment's enactment by looking at the Bureau's judicial powers, and their grant, exercise, and political effects.
The Creation And Destruction Of The Fourteenth Amendment Duringthe Long Civil War, Orville Vernon Burton
The Creation And Destruction Of The Fourteenth Amendment Duringthe Long Civil War, Orville Vernon Burton
Louisiana Law Review
The article investigate the creation and destruction of the Fourteenth Amendment during the Civil War and how the U.S. Supreme Court undid most of the gains of the Fourteenth Amendment toward equality and equal rights for black citizens.
A Warranty Expired: Time To Rid Louisiana Of Fitness For Ordinaryuse, Sara Daniel
A Warranty Expired: Time To Rid Louisiana Of Fitness For Ordinaryuse, Sara Daniel
Louisiana Law Review
The article calls for the repeal of the warranty of fitness for ordinary use as a separate warranty in Louisiana which is vital for the preservation of redhibition and for the development of the warranty of fitness for particular use.
Don’T Rock The Boat: Developing A Uniform System Of Maritimepunitive Damages After Baker And Townsend, Josie N. Serigne
Don’T Rock The Boat: Developing A Uniform System Of Maritimepunitive Damages After Baker And Townsend, Josie N. Serigne
Louisiana Law Review
The article argues that although the 1996 U.S. Supreme Court case, Yamaha Motor Corp. v. Calhoun, which involved a minor, Natalie Calhoun, who died in a jet Yamaha, provides an additional avenue to recover punitive damages for non-seamen maritime torts in territorial waters, Baker and Townsend cases have rendered it unnecessary.
Law And Norms And Will & Grace, Christine Corcos
Law And Norms And Will & Grace, Christine Corcos
Journal Articles
No abstract provided.
Deaning Redux -- Walking It Back, Thomas C. Galligan Jr.
Deaning Redux -- Walking It Back, Thomas C. Galligan Jr.
Journal Articles
An interview with Thomas C. Galligan, dean of Louisiana State University Paul M. Hebert Law Center, is presented. Among the issues he discussed include the reason behind his decision to seek and accept a deanship after spending 10 years as a college president, his teaching experience, and how he prepared to becoming a law school dean again.
Are Premarital Agreements Really Unfair?: An Empirical Study, Elizabeth Carter
Are Premarital Agreements Really Unfair?: An Empirical Study, Elizabeth Carter
Journal Articles
The article focuses on unfair treatment of premarital agreements and data of the people who entered into premarital agreements including age at marriage, race, and political affiliation. It mentions substance of the premarital agreements including how the agreements divide property and whether the agreements waive spousal support. It also mentions premarital agreements involve the waiver of property rights.
Data Ownership—A Property Rights Approach From A European Perspective, Andreas Boerding, Nicolai Culik, Christian Doepke, Thomas Hoeren, Tim Juelicher, Charlotte Roettgen, Max V. Schoenfeld
Data Ownership—A Property Rights Approach From A European Perspective, Andreas Boerding, Nicolai Culik, Christian Doepke, Thomas Hoeren, Tim Juelicher, Charlotte Roettgen, Max V. Schoenfeld
Journal of Civil Law Studies
Data has become one of the most important resources in post-modern information society. However, European civil law does not reflect this development adequately. In fact, so far, European civil law seems to struggle with handling data as a legal entity. Against this background, the article provides a transnational overview and a comprehensive analysis of the legal situation in Europe. It discusses why data ownership is widely perceived as a problem on this side of the Atlantic and how this perception can be overcome by a fundamental property law approach. Taking into account economic realities, we argue that European property law …
Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley
Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley
Journal of Civil Law Studies
No abstract provided.
Alchemistic Metaphors In Comparative Law: Mixed Legal Systems, Reception Of Laws And Legal Transplants, Andreas Rahmatian
Alchemistic Metaphors In Comparative Law: Mixed Legal Systems, Reception Of Laws And Legal Transplants, Andreas Rahmatian
Journal of Civil Law Studies
The terms “mixed legal systems” and “legal transplants” are used frequently in comparative law. What they denote exactly, is difficult to ascertain: what does the mixité consist of, what are its ingredients or building blocks; which types of mixité exist, how are legal transplants transformed in the receiving legal system? Comparative lawyers often resort to metaphors when they try to describe and explain these complex phenomena: metaphors from cooking, music, horticulture or biology. Whenever there are mixtures, trans-formations, or transmutations, metaphors from the philosophical concepts of alchemy are at least equally illuminating. This article discusses the different problems of conceptualising …
Mcgraw V. City Of New Orleans, Marcus D. Sandifer
Mcgraw V. City Of New Orleans, Marcus D. Sandifer
Journal of Civil Law Studies
No abstract provided.