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Louisiana State University Law Center

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Articles 781 - 810 of 6749

Full-Text Articles in Law

Commerce, Commonality, And Contract Law: Legal Reform In A Mixed Jurisdiction, Christopher K. Odinet May 2015

Commerce, Commonality, And Contract Law: Legal Reform In A Mixed Jurisdiction, Christopher K. Odinet

Louisiana Law Review

The article offers information on the history, purpose and significant need for reform to commerce, commonality, and contract law in the mixed jurisdiction of Louisiana. Topics discussed include the significance of the bijural character of the common law government in developing a mixed legal systems, the comparison between the compatibility of doctrines of civil law and common law, and the role of former governor William C. C. Claiborne in maintaining the integrity of traditional civil law.


Exploring Unexplored Frontiers: The Private Right Of Action Under The Louisiana Securities Law, Stephen Miles May 2015

Exploring Unexplored Frontiers: The Private Right Of Action Under The Louisiana Securities Law, Stephen Miles

Louisiana Law Review

The article offers information on the history, development and significant interpretation of provisions of the private right of action by Courts in the wake of global financial crisis and recession under the securities law of Louisiana. It analyzes the significance of the federal securities anti-fraud laws formed under the Securities Act of 1933 and the Securities and Exchange Act of 1934. It discusses the judicial decision of the U.S. Supreme Court in the cvase of Gustafson v. Alloyd Co. Inc..


The Intersection Of Louisiana Succession Law And Mineral Code Article 190: Quantum Resources V. Pirate Lake Oil, Alexander Baynham May 2015

The Intersection Of Louisiana Succession Law And Mineral Code Article 190: Quantum Resources V. Pirate Lake Oil, Alexander Baynham

Louisiana Law Review

The article offers information on the e intersection of the succession law of Louisiana and the article 190 of the Louisiana Mineral Code as applied to the judicial decision of Louisiana Fifth Circuit Court of Appeal in Quantum Resources v. Pirate Lake Oil case. Topics discussed include the concept of forced heirship, the usufructs of surviving spouse including mineral rights, and difference between testate or intestate succession.


Covert Capture: Hydraulic Fracturing And Subsurface Trespass In Louisiana, Caleb Madere May 2015

Covert Capture: Hydraulic Fracturing And Subsurface Trespass In Louisiana, Caleb Madere

Louisiana Law Review

No abstract provided.


Sharp Curves Ahead: Analyzing Dedications To Public Use In Louisiana After Webb V. Franks Investment Co., Ben Jumonville May 2015

Sharp Curves Ahead: Analyzing Dedications To Public Use In Louisiana After Webb V. Franks Investment Co., Ben Jumonville

Louisiana Law Review

The article offers information on the history, purpose and significance application of the dedication law by Louisiana courts in transfer ownership case of Webb v. Franks Investment Co. It discusses the judicial decision of the Louisiana Supreme Court in the case of St. Charles Parish School Board v. P & L Investment Corp. applied the presumption for formal dedications transfer ownership of land to the public use.


Of Butchers, Bakers, And Casket Makers: St. Joseph Abbey V. Castille And The Fifth Circuit’S Rejection Of Pure Economic Protectionism As A Legitimate State Interest, Allison B. Kingsmill May 2015

Of Butchers, Bakers, And Casket Makers: St. Joseph Abbey V. Castille And The Fifth Circuit’S Rejection Of Pure Economic Protectionism As A Legitimate State Interest, Allison B. Kingsmill

Louisiana Law Review

The article offers information on the significance of the constitutional principles of the due process and equal protection clauses of the Fourteenth Amendment in offering pure economic protectionism as a legitimate state interest. It discusses the judicial decision of the Fifth Circuit of the U.S. Court of Appeals in the case of St. Joseph Abbey v. Castille, in which the Court applied the Lochnerian principles and judicial activism in context to economic legislation in Louisiana.


The Tipping Point: The Failure Of Form Over Substance In Addressing The Needs Of Unaccompanied Immigrant Children, Lauren R. Aronson Apr 2015

The Tipping Point: The Failure Of Form Over Substance In Addressing The Needs Of Unaccompanied Immigrant Children, Lauren R. Aronson

Journal Articles

No abstract provided.


The Future Of The Foreign Commerce Clause, Scott Sullivan Mar 2015

The Future Of The Foreign Commerce Clause, Scott Sullivan

Journal Articles

The Foreign Commerce Clause has been lost, subsumed by its interstate cousin, and overshadowed in foreign relations by the treaty power. Consistent with its original purpose and the implied, but unrefined view asserted by the judiciary, this Article articulates a broader and deeper Foreign Commerce power than is popularly understood. It reframes doctrinal considerations for a reinvigorated Foreign Commerce Clause--both as an independent power and in alliance with other coordinate foreign affairs powers--and demonstrates that increasing global complexity and interdependence makes broad and deep federal authority under this power crucial to effective and efficient action in matters of national concern.


No.32 - February 2015, Center Of Civil Law Studies Feb 2015

No.32 - February 2015, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


February 2015 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions Feb 2015

February 2015 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.


Our Constitutional Commons, Blake Hudson, Brigham Daniels Jan 2015

Our Constitutional Commons, Blake Hudson, Brigham Daniels

Journal Articles

While much has been written about the U.S. Constitution, very little, if anything at all, has been said about the ways in which the Constitution shares attributes with the commons. This article examines the Constitution and the efforts to influence the shape and scope of its application through the lenses developed by scholars for assessing both common good and public good resources. Focusing on these interrelated lenses provides a unique perspective on both the U.S. Constitution and those attempting to influence its text and its interpretation. The synergy and interaction between the common good and public good dimensions of the …


Structural Environmental Constitutionalism, Blake Hudson Jan 2015

Structural Environmental Constitutionalism, Blake Hudson

Journal Articles

Environmental constitutionalism is of increasing importance as both national and subnational governments seek to facilitate environmental protection through constitutional provisions. Most environmental constitutionalism scholarship focuses on textual constitutional provisions protecting fundamental substantive or procedural citizen rights to a quality environment — what might be termed “fundamental environmental constitutionalism.” Yet another type of environmental constitutionalism is of equal or perhaps even more importance — that is, “structural environmental constitutionalism.” This form of environmental constitutionalism regards the allocation of environmental regulatory authority among levels of government, a particularly salient issue in federal systems of government. This article describes the key attributes of …


Isolated Wetland Commons And The Constitution, Blake Hudson, Michael Hardig Jan 2015

Isolated Wetland Commons And The Constitution, Blake Hudson, Michael Hardig

Journal Articles

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …


Charitable Organization Oversight: Rules V. Standards, Philip T. Hackney Jan 2015

Charitable Organization Oversight: Rules V. Standards, Philip T. Hackney

Journal Articles

Congress has traditionally utilized standards as a means of communicating charitable tax law in the Code. In the past fifteen years, however, Congress has increasingly turned to rules to stop fraud and abuse in the charitable sector. I review the rules versus standards debate to evaluate this trend. Are congressional rules the best method for regulating the charitable sector? While the complex changing nature of charitable purpose would suggest standards are better, the inadequacy of IRS enforcement and the large number of unsophisticated charitable organizations both augur strongly in favor of rules. Congress, however, is not the ideal institution to …


Taxing The Unheavenly Chorus: Why Section 501(C)(6) Trade Associations Are Undeserving Of Tax Exemption, Philip T. Hackney Jan 2015

Taxing The Unheavenly Chorus: Why Section 501(C)(6) Trade Associations Are Undeserving Of Tax Exemption, Philip T. Hackney

Journal Articles

No abstract provided.


Should The Irs Never "Target" Taxpayers? An Examination Of The Irs Tea Party Affair, Philip T. Hackney Jan 2015

Should The Irs Never "Target" Taxpayers? An Examination Of The Irs Tea Party Affair, Philip T. Hackney

Journal Articles

This article is part of a symposium held at Valparaiso University Law School entitled "Money in Politics: The Good, the Bad and the Ugly."

In 2013, the Treasury Inspector General for Tax Administration faulted the Internal Revenue Service for the appearance of impartiality because it used names and policy positions such as “Tea Party” and conservative ideology to pick applications for tax-exempt status for greater scrutiny. The Inspector General's review came after members of Congress accused the Service of "targeting" conservative organizations. This Article finds the Inspector General's claim lacks a firm foundation. The use of names to select organizations …


Breaking Forever Families, Andrea B. Carroll Jan 2015

Breaking Forever Families, Andrea B. Carroll

Journal Articles

No abstract provided.


The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter Jan 2015

The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter

Journal Articles

The article focuses on the equal management laws in the community property reform for the well-being and future prosperity of the family. Topics discussed include separate property regime and the community property regime in the U.S., examines the history of the reform era and argues that equality was not the primary goal of the legal reform and examines how spouses actually managed their money in the pre-1970s era.


Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William Corbett Jan 2015

Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William Corbett

Journal Articles

The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees, and the other does not require such accommodations. In Young v. United Parcel Service, Inc., the Supreme Court held that in some cases employees may be able to prove intentional pregnancy discrimination based on an employer's failure to make accommodations for the pregnant employee when the employer makes accommodations for other disabled employees. Rather than reaching this result by interpreting the statute to require reasonable accommodations, however, the Court held that plaintiffs with "indirect evidence" of …


Does Situationism Excuse? The Implications Of Situationism For Moral Responsibility And Criminal Responsibility, Ken Levy Jan 2015

Does Situationism Excuse? The Implications Of Situationism For Moral Responsibility And Criminal Responsibility, Ken Levy

Journal Articles

Criminal responsibility is almost universally thought to require moral responsibility. Using the psychological theory of "situationism,'" however, I will argue that criminal responsibility can survive-and therefore that defendants can be justly punished-without moral responsibility.


Le Code Civil De Louisiane En Francais: Traduction Et Retraduction, Olivier Moreteau Jan 2015

Le Code Civil De Louisiane En Francais: Traduction Et Retraduction, Olivier Moreteau

Journal Articles

No abstract provided.


Remanding Multidistrict Litigation, Elizabeth Chamblee Burch Dec 2014

Remanding Multidistrict Litigation, Elizabeth Chamblee Burch

Louisiana Law Review

The article focuses on the procedural, substantive, and communal benefits of remanding multidistrict litigation (MDL). Topics discussed include efforts of plaintiff's lawyer in increasing their fees by implementing various fee provisions in settlement, the views of Judge John G. Heyburn on remand of MDL, and the importance of remanding MDL cases in dispute resolution.


Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham Dec 2014

Difficulties With Sharing: A Proposal To Define The Voluntary Unit And Protect The Rights Of Surface Co-Owners And Mineral Servitude Holders In Louisiana, W. Drew Burnham

Louisiana Law Review

The article focuses on the co-ownership principles and nature of the mineral servitude in Louisiana. Topics discussed include the importance of implementing reforms in the Mineral Code, solutions for equitable remedies for surface co-owners, and the judicial opinion of the Supreme Court of Louisiana on the case Frost-Johnson Lumber Co. v. Sailing's Heirs.


Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes Dec 2014

Testamentary Formalism In Louisiana: Curing Notarial Will Defects Through A Likelihood-Of-Fraud Analysis, George Holmes

Louisiana Law Review

The article focuses on remedial doctrines applied by the U.S. courts in resolving issues of testamentary formalism. Topics discussed include analysis of the substantial compliance doctrine in Louisiana jurisprudence, laws signifying the importance of attestation and presence of witness, and the law for limiting validation of testator's intent through minimis errors.


A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert Dec 2014

A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert

Louisiana Law Review

The article discusses development in the laws for concealed handgun permit in the U.S. Topics discussed include legal history of gun laws in Louisiana, the constitutionality of laws in context of the First Amendment of the U.S. Constitution, and various laws banning the permit of handgun in Louisiana.


Table Of Contents Dec 2014

Table Of Contents

Louisiana Law Review

No abstract provided.


Masthead Dec 2014

Masthead

Louisiana Law Review

No abstract provided.


Awards Dec 2014

Awards

Louisiana Law Review

No abstract provided.


The Perma Project Dec 2014

The Perma Project

Louisiana Law Review

No abstract provided.


Symposium Panelist Transcripts Dec 2014

Symposium Panelist Transcripts

Louisiana Law Review

No abstract provided.