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Articles 811 - 840 of 6749
Full-Text Articles in Law
Centripetal Forces: Multidistrict Litigation And Its Parts, Catherine R. Borden, Emery G. Lee Iii, Margaret S. Williams
Centripetal Forces: Multidistrict Litigation And Its Parts, Catherine R. Borden, Emery G. Lee Iii, Margaret S. Williams
Louisiana Law Review
The article focuses on various issues related to multidistrict litigation (MDL). Topics discussed include the regulation of MDL proceedings under the Multidistrict Litigation Act of 1968, the role of the U.S. lawyers in centralized proceedings of tag-along cases, and the role of panel of judges in adjudicating MDL.
When Remand Is Appropriate In Multidistrict Litigation, Edward F. Sherman
When Remand Is Appropriate In Multidistrict Litigation, Edward F. Sherman
Louisiana Law Review
The article focuses on the need of remand in multidistrict litigation under the 1968 Multidistrict Litigation Act (MDL Act). Topics discussed include transfer of multiple cases with common facts to the same federal judge for pretrial proceeding under the MDL Act, transfer of cases without any consideration of personal jurisdiction, and the need of resolving MDL cases favoring aggregation.
State V. Louisiana Land & Exploration Co.: Louisiana Revised Statutes Section 30:29 And Its Effect On The Amount Of Remediation Damages Available To Plaintiffs, Julia L. Taylor
Louisiana Law Review
The article discusses land contamination litigation at oil and gas exploration sites State v. Louisiana Land & Exploration Co. Topics discussed include claims for remediation of environmental damages, laws for mineral leases and remediation damages, and the judicial opinion of the Supreme Court of Louisiana on the cases related to environmental damages.
No.31 - December 2014, Center Of Civil Law Studies
No.31 - December 2014, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Rules Against Rulification, Michael Coenen
Rules Against Rulification, Michael Coenen
Journal Articles
The Supreme Court often confronts the choice between bright-line rules and open-ended standards — a point well understood by commentators and the Court itself. Far less understood is a related choice that arises once the Court has opted for a standard over a rule: May lower courts develop subsidiary rules to facilitate their own application of the Supreme Court’s standard, or must they always apply that standard in its pure, un-“rulified” form? In several recent cases, spanning a range of legal contexts, the Court has endorsed the latter option, fortifying its first-order standards with second-order “rules against rulification.” Rules against …
The Strife Of Riley: The Search-Incident Consequences Of Making An Easy Case Simple, Leslie A. Shoebotham
The Strife Of Riley: The Search-Incident Consequences Of Making An Easy Case Simple, Leslie A. Shoebotham
Louisiana Law Review
No abstract provided.
Contract Law And The Hand Formula, Daniel P. O'Gorman
Contract Law And The Hand Formula, Daniel P. O'Gorman
Louisiana Law Review
No abstract provided.
Confronting Confrontation In A Facetime Generation: A Substantial Public Policy Standard To Determine The Constitutionality Of Two-Way Live Video Testimony In Criminal Trials, J. Benjamin Aguiñaga
Confronting Confrontation In A Facetime Generation: A Substantial Public Policy Standard To Determine The Constitutionality Of Two-Way Live Video Testimony In Criminal Trials, J. Benjamin Aguiñaga
Louisiana Law Review
No abstract provided.
High-Stakes Word Search: Ensuring Fair And Effective Irs Centralization In Tax Exemption, Heath C. Dejean
High-Stakes Word Search: Ensuring Fair And Effective Irs Centralization In Tax Exemption, Heath C. Dejean
Louisiana Law Review
No abstract provided.
Making Cost-Benefit A Political Tool, Roger Meiners, Rafal Czajkowski
Making Cost-Benefit A Political Tool, Roger Meiners, Rafal Czajkowski
LSU Journal of Energy Law and Resources
No abstract provided.
Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy, Jonathan H. Adler
Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy, Jonathan H. Adler
LSU Journal of Energy Law and Resources
No abstract provided.
Fear Of An Undeterrable Other, Fredrick E. Vars
Fear Of An Undeterrable Other, Fredrick E. Vars
Louisiana Law Review
No abstract provided.
Binding Future Selves, Kaiponanea T. Matsumura
Binding Future Selves, Kaiponanea T. Matsumura
Louisiana Law Review
No abstract provided.
Promoting “Inclusive Communities”: A Modified Approach To Disparate Impact Under The Fair Housing Act, Cornelius J. Murray Iv
Promoting “Inclusive Communities”: A Modified Approach To Disparate Impact Under The Fair Housing Act, Cornelius J. Murray Iv
Louisiana Law Review
No abstract provided.
Same-Sex Marriages Are Not Created Equal: United States V. Windsor And Its Legal Aftermath In Louisiana, Mallory Chatelain
Same-Sex Marriages Are Not Created Equal: United States V. Windsor And Its Legal Aftermath In Louisiana, Mallory Chatelain
Louisiana Law Review
No abstract provided.
The Ripple Effect: How A Lawsuit Seeking Cleaner Water May Be Backfiring, Sara Gonzalez-Rothi Kronenthal
The Ripple Effect: How A Lawsuit Seeking Cleaner Water May Be Backfiring, Sara Gonzalez-Rothi Kronenthal
LSU Journal of Energy Law and Resources
No abstract provided.
Introduction, Roger Meiners, Andrew P. Morriss
Introduction, Roger Meiners, Andrew P. Morriss
LSU Journal of Energy Law and Resources
No abstract provided.
Conservation Easements And The Development Of New Energies: Fracking, Wind Turbines, And Solar Collection, Gerald Korngold
Conservation Easements And The Development Of New Energies: Fracking, Wind Turbines, And Solar Collection, Gerald Korngold
LSU Journal of Energy Law and Resources
No abstract provided.
Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron
Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron
LSU Journal of Energy Law and Resources
No abstract provided.
The Energy Wealth Of Indian Nations, Shawn E. Regan, Terry L. Anderson
The Energy Wealth Of Indian Nations, Shawn E. Regan, Terry L. Anderson
LSU Journal of Energy Law and Resources
No abstract provided.
Bayou Fuel, Iman S. Montgomery
Bayou Fuel, Iman S. Montgomery
LSU Journal of Energy Law and Resources
No abstract provided.
The Emperor’S New Clothes: Fracking Legislation In Texas, Kirbie Watson
The Emperor’S New Clothes: Fracking Legislation In Texas, Kirbie Watson
LSU Journal of Energy Law and Resources
No abstract provided.
Up The River Without A Permit: Why The Water Transfers Rule Endangers The Louisiana Wetlands, Michael E. Landis
Up The River Without A Permit: Why The Water Transfers Rule Endangers The Louisiana Wetlands, Michael E. Landis
LSU Journal of Energy Law and Resources
No abstract provided.
A Call For An Interpretive Presumption Against Burdens On Interstate Commerce In The Context Of Interstate Compacts, Claire Murray
A Call For An Interpretive Presumption Against Burdens On Interstate Commerce In The Context Of Interstate Compacts, Claire Murray
LSU Journal of Energy Law and Resources
No abstract provided.
Enlarged State Power To Declare Nullity: The Hidden State Interest In The Chinese Contract Law, Hao Jiang
Enlarged State Power To Declare Nullity: The Hidden State Interest In The Chinese Contract Law, Hao Jiang
Journal of Civil Law Studies
This article is on the hidden state interest that article 52(§1) of the Chinese Contract Law protects and the questionable applicability of freedom of contract to Chinese state-owned enterprises (hereafter “SOEs”). In common law, fraud and duress make a contract voidable. In Western civil law jurisdictions, including Louisiana, fraud and duress make a contract relatively null. Article 52(§1) of the Chinese Contract Law renders a contract induced by fraud and duress absolutely null (null and void if using common law terminology) when state interest is harmed. At the same time, according to article 54 of the Contract Law, fraud and …
Mixed Jurisdiction And The Scottish Legal Tradition: Reconsidering The Concept Of Mixture, Stephen Thomson
Mixed Jurisdiction And The Scottish Legal Tradition: Reconsidering The Concept Of Mixture, Stephen Thomson
Journal of Civil Law Studies
Scotland is typically regarded as a mixed jurisdiction based on an assessment of its combination of civilian and common law traditions. If this narrow definition of “mixture” is opened up, one will find several other traditions which are constituent parts of the Scottish legal tradition. Those range from the seemingly remote Celtic and udal law, through feudal and canon law, to the law of the European Union and the European Convention on Human Rights. An holistic approach to the question of mixture requires that each of these traditions is accounted for, especially because of the difficulties in assessing the legacy …
Civil Status And Civil Registry: Current Trends In Spanish Law, Sofia De Salas Murillo
Civil Status And Civil Registry: Current Trends In Spanish Law, Sofia De Salas Murillo
Journal of Civil Law Studies
Currently, in Spanish Law, civil status is a concept under discussion in regard to its definition, its content, the enumeration of possible civil statuses, and even its very subsistence as a category. The processing given to civil status in the corresponding Laws of the Civil Registry is especially important as precisely this Registry has the main, although not sole, objective to officially verify the “acts” or “facts concerning the civil status of persons,” although other legal facts, which are not classifiable as such, are also recorded. The interdependence of both concepts means that it is advisable to have combined …