Law Commons^™

Awards

Louisiana Law Review

No abstract provided.

An Inherent Contradiction: Corporate Discretion In Morals Clause Enforcement, Todd J. Clark

Louisiana Law Review

The article focuses on the development and creation of the morals clause as a means to curb various types of expression and historical context of the development of the implied obligation of good faith and public policy considerations influence the enforceability of some contracts.

A Prelude To Jenkins V. Ncaa: Amateurism, Antitrust Law, And The Role Of Consumer Demand In A Proper Rule Of Reason Analysis, Marc Edelman

Louisiana Law Review

The article focuses on prelude to the litigation in Jenkins v. National Collegiate Athletic Association (NCAA) and the underlying antitrust challenges to the NCAA rules in the case O'Bannon v. National Collegiate Athletic Association on the issue of consumer demand.

From Hoodies To Kneeling During The National Anthem: The Colin Kaepernick Effect And Its Implications For K-12 Sports, Laura Rene Mcneal

Louisiana Law Review

The article focuses on prospective path toward safeguarding students' First Amendment free speech rights in K-12 schools and intersection of social activism and sports and the implications of this relationship for public school students and preservation of student freedom of expression rights.

The Medical Malpractice Cure: Stitching Together The Coleman Factors, Sarah Nickel

Louisiana Law Review

The article discusses the enactment of Louisiana Medical Malpractice Act (MMA) and advantages and disadvantages it entails for both health care providers and tort victims and the decision of the Louisiana Supreme Court in the case U.S. Dupny v. NMC Operating Company.

Keeping “I Do” Between Two: A Post-Obergefell Analysis Of A Bigamous Marriage And Its Implications For Louisiana’S Matrimonial Regime, Mclaurine H. Zentner

Louisiana Law Review

The article focuses on the U.S. expansion of individual rights and liberties and the significant ambiguities surrounding the Supreme Court's interpretation of the Due Process and Equal Protection clauses of the Fourteenth Amendment and constitutional analysis of Louisiana's criminal bigamy statute.

Table Of Contents

Louisiana Law Review

No abstract provided.

Memorandum From Student-Athletes To Schools: My Social Media Posts Regarding My Coaches Or My Causes Are Protected Speech—How The Nlrb Is Restructuring Rights Of Studentathletes In Private Institutions, Roger M. Groves

Louisiana Law Review

The article focuses on issue regarding whether student-athletes engaging in social activism are protected under National Labor Relations Act (NLRA) and legal issue when private colleges rules that prohibit or interfere with a student-athlete's speech.

Enhancing “Education”: Rebalancing The Relationship Between Athletics And The University, William W. Berry Iii

Louisiana Law Review

The article focuses on relationship with athletics exerting dominance over the university at many institutions relational shift consistent with the values of the National Collegiate Athletic Association (NCAA) and the college presidents to leverage the economic growth of intercollegiate athletics.

Swinging At The Facts: How Baseball Informs Legal Argument, Josephine (Jo) R. Potuto

Louisiana Law Review

The article focuses on parallels between baseball and litigation and parallels also offer a convenient entree to a discussion of the relationship between baseball hitting and legal argument and parallel between baseball umpires and judges as rule-enforcers, not rule-makers.

Breaking The Seal Of Confession: Examining The Constitutionality Of The Clergy-Penitent Privilege In Mandatory Reporting Law, Caroline Donze

Louisiana Law Review

The article focuses on intersection of mandatory reporting legislation and the clergy-penitent privilege illustrates a conflict between the public policy goal of protecting children and the constitutional right to Free Exercise of religion and negative effects on the reporting of child abuse.

The U.S. Science And Technology “Triple Threat”: A Regulatory Treatment Plan For The Nation’S Addiction To Prescription Opioids, Michael J. Malinowski

Journal Articles

No abstract provided.

The Societal Impacts Of Climate Anomalies During The Past 50,000 Years And Their Implications For Solastalgia And Adaptation To Future Climate Change, Edward P. Richards

Journal Articles

No abstract provided.

Characterizing Constitutional Inputs, Michael Coenen

Journal Articles

No abstract provided.

It's The Ambiance, Thomas C. Galligan Jr.

Journal Articles

In this article, the author discusses his experience of serving at Southeastern Association of Law Schools (SEALS). It informs that he became dean at the University of Tennessee twelve years later and attended his first SEALS conference; his experience of teaching torts to law students; and scholars' workshops offered by SEALS.

Biting The Hands That Feed “The Alligators”: A Case Study In Morbid Obesity Extremes, End-Of-Life Care, And Prohibitions On Harming And Accelerating The End Of Life, Michael J. Malinowski

Journal Articles

Obesity, recognized as a disease in the U.S. and at times as a terminal illness due to associated medical complications, is an American epidemic according to the Centers for Disease Control and Prevention (“CDC”), American Heart Association (“AHA”), and other authorities. More than one third of Americans (39.8% of adults and 18.5% of children) are medically obese. This article focuses on cases of “extreme morbid obesity” (“EMO”)—situations in which death is imminent without aggressive medical interventions, and bariatric surgery is the only treatment option with a realistic possibility of success. Bariatric surgeries themselves are very high risk for EMO patients. …

France - The French Reform Of Contract Law: The Art Of Redoing Without Undoing, Mustapha Mekki

Journal of Civil Law Studies

No abstract provided.

Social Obligations Of Land Rights On Chinese Collective-Owned Land, Zhe Huang

Journal of Civil Law Studies

This article critically examines social obligations on Chinese collective-owned land. Current social responsibilities on Chinese collective-owned land are inadequate, ineffective, and distorted. Rural property right holders do not owe sufficient social burdens to society. As rural land regulators, rural collectives should have the authority to regulate and manage agricultural land use. Because of the vague and weak identity of rural collectives, collectives have limited authority and resources in restricting and regulating rural land use rights. As rural landowners, collectives violate their social responsibilities by misusing agricultural land and harming society. This article argues that for agricultural land, where physical characteristics …

Evelyn L. Wilson, The Justices Of The Supreme Court Of Louisiana 1865-1880, Georgia Chadwick

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Editorial

Journal of Civil Law Studies

No abstract provided.

Louis Victor De La Vergne (1938-2017), Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Notarial Acts As Written Evidence: Towards A Convergence Between Civil Law And Common Law Systems, Angelo Chianale

Journal of Civil Law Studies

This article studies the contrast between civil and common law systems regarding the significance of the notarial act. According to conventional scholarship, in the former, civil procedure requires written evidence and the notarial act is the strongest kind of evidence. In the latter, however, civil procedure requires oral evidence and the notarial act has no specific relevance. This article examines the extent of these two main principles: a) in civil law systems the notarial act is full evidence of the extrinsic and a document can be challenged only with an action for falsity; and b) in common law systems the …

The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu

Journal of Civil Law Studies

One of the defining features of the Uniform Commercial Code Article 9 is the secured creditor’s ability to take possession of the collateral upon the debtor’s default “without breach of peace.” This standard is meant to protect the debtor from abusive secured creditors, the meaning of which has been shaped by courts on a case-by-case basis.

In reforming their secured transactions laws to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement mechanisms, including various forms of self-help repossession. However, the …

What Medical Risks Should Physicians Disclose To Their Patients? Towards A Better Standard In American And French Medical Malpractice Law, Alina-Emilia Ciortea

Journal of Civil Law Studies

This essay discusses the historical and evolutionary back-ground of the doctrine of informed consent in medical malpractice cases in order to provide the reader with a detailed and a unique comparative perspective of the law in the United States and in France, along with some cross-references to other legal systems across the globe.

In order to achieve the desired goal, this paper conducts the analysis based on a hypothetical situation. Starting from these facts, the paper shows how and if the American and the French standards addressing the scope of the physician’s duty to disclose the risks intrinsic to the …

The Interaction Of Good Faith With Contract Performance, Dissolution, And Damages In The Louisiana Supreme Court, Jumoke Dara, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

The Fourth Circuit’S Treatment Of Anunconventional Obligation Inwegmann V. Tramontin, Nathan W. Friedman

Journal of Civil Law Studies

No abstract provided.

Hooper V. Hero Lands Company, Christopher B. Ortte

Journal of Civil Law Studies

No abstract provided.

Complete V.10

Journal of Civil Law Studies

No abstract provided.

A Decade Of Civilian Scholarship: The Role Of The Journal Of Civil Law Studies As A Bridge Between Louisiana And The Civil Law World, Agustín Parise

Journal of Civil Law Studies

No abstract provided.