Law Commons^™

The Pesky Persistence Of Class Action Tolling In Mass Tort Multidistrict Litigation, Jeremy T. Grabill

Louisiana Law Review

No abstract provided.

Case Time And Cost Management For Plaintiffs In Multidistrict Litigation, Leonard A. Davis, Philip A. Garrett

Louisiana Law Review

No abstract provided.

The Land Of Oz: Spoliation Of Evidence In Louisiana, Danielle Borel

Louisiana Law Review

No abstract provided.

Hollywood On The Bayou: An Optimal Tax Approach To Evaluating And Reforming The Louisiana Motion Picture Investor Tax Credit, Amelia Hurt

Louisiana Law Review

No abstract provided.

Predictive Coding: Taking The Devil Out Of The Details, L. Casey Auttonberry

Louisiana Law Review

No abstract provided.

What Is Troubling About The Tortification Of Employment Discrimination Law?, William Corbett

Journal Articles

No abstract provided.

The Danger Of Nonrandom Case Assignment: How The S.D.N.Y'S 'Related Cases' Rule Has Shaped The Evolution Of Stop-And-Frisk Law, Katherine Macfarlane

Journal Articles

The Southern District of New York’s local rules are clear: "[A]ll active judges . . . shall be assigned substantially an equal share of the categories of cases of the court over a period of time." Yet for the past fourteen years, Southern District Judge Scheindlin has been granted near-exclusive jurisdiction over one category of case: those involving wide-sweeping constitutional challenges to the NYPD’s stop-and-frisk policies. In 1999, Judge Scheindlin was randomly assigned Daniels v. City of New York, the first in a series of high-profile and high-impact stop-and-frisk cases. Since then, she has overseen an uninterrupted stream of equally …

A Response To Professor Leff’S Tax Planning “Olive Branch” For Marijuana Dealers, Philip T. Hackney

Journal Articles

No abstract provided.

Louisiana Oil & Gas Update, Keith B. Hall

Journal Articles

No abstract provided.

The Anomalous Interaction Between Code And Statute--Lessor's Warranty And Statutory Waiver, Melissa T. Lonegrass

Journal Articles

No abstract provided.

Institutional Preconditions For Policy Success, Blake Hudson

Journal Articles

Policy failures receive much attention from the public and from policy makers adjusting policy in response to failure. Yet, lessons learned from policy failures are necessarily ex post observations. Not only has the policy failed to achieve its purposes, but a great deal of political, institutional, temporal, and economic capital has been wasted. A new body of literature on policy success undertakes ex ante analysis of successful policy designs, instrument choices, and other policy-making variables to establish a framework for more effective policy making. Though policy success may be inhibited by a variety of procedural, programmatic, or political factors, institutional …

A Second Chance For Innovation--Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa T. Lonegrass

Journal Articles

No abstract provided.

Municipal Identity As Property, Christopher J. Tyson

Journal Articles

No abstract provided.

Morphing Case Boundaries In Multidistrict Litigation Settlements, Margaret S. Thomas

Journal Articles

The boundaries of federal multidistrict litigation (MDL) are blurring, as district courts seek innovative ways to facilitate global settlements to resolve multzjurisdictional, multidimensional, national mass torts. The techniques emerging from the district courts have mostly evaded appellate review and received little scholarly attention, but they raise important challenges to traditional understandings of the nature of MDL and complex litigation. This Article argues that factually similar cases proceeding in multiple court systems in mass tort disputes create a ''federalism problem "for global settlements: global settlements typically benefit from oversight by a single judge, but often there is no single judge who …

Spillover Across Remedies, Michael Coenen

Journal Articles

Remedies influence rights, and rights apply across remedies. Combined together, these two phenomena produce the problem of spillover across remedies. The spillover problem occurs when considerations specific to one remedy affect the definition of a substantive rule that governs in other remedial settings. For example, the severe remedial consequences of suppressing incriminating evidence might generate substantive Fourth Amendment precedents that make other Fourth Amendment remedies (such as damage awards, injunctions, or ex ante denials of search warrants) more difficult to obtain. Or, the rule of lenity might yield a narrowed reading of a statutory rule in a criminal case, which …

Hydraulic Fracturing And The Baseline Testing Of Groundwater, Keith B. Hall

Journal Articles

No abstract provided.

An Outrageous Response To "You're Fired!", William Corbett

Journal Articles

No abstract provided.

Inflation In Enrichment Claims: Reflections On The Brazilian Civil Code, Aimite Jorge

Journal of Civil Law Studies

Inflation can be one of the risks assumed by the parties to a contract. Notwithstanding, contractual terms may provide for monetary corrections to offset that risk in cases of foreseeable inflation. The same may not hold true, however, for claims based on unjustified enrichment. They may find themselves in the position of innocents because the events that brought about the decline of purchasing power of the currency were unconnected to them. This paper analyses the approach recently favoured in the new Brazilian Civil Code on inflation in enrichment claims. Its focus is on article 884 (headed “enriquecimento sem justa causa”), …

Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 15 And 16, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.

Wagoner V. Chevron Ii, Michael Wynne

Journal of Civil Law Studies

No abstract provided.

Trahan V. Kingrey, John H. Leech Jr.

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead, & Contents

Journal of Civil Law Studies

No abstract provided.

A Legal System Based On Translation: The Turkish Experience, Esin Örücü

Journal of Civil Law Studies

No abstract provided.

François Gény In Louisiana, François-Xavier Licari

Journal of Civil Law Studies

No abstract provided.

Criticism Of The Testamentary Undue Influence Doctrine In The United States: Lessons For South Africa?, François Du Toit

Journal of Civil Law Studies

This article analyzes undue influence in the South African law of wills in light of scholarly criticism of the testamentary undue influence doctrine in the United States. The article assesses in particular whether the so-called “undue influence paradox” identified in American scholarship is manifest in the South African law of wills: is testamentary undue influence’s role as guardian of testamentary freedom undermined by the judicial pursuit of family protectionism? The article proceeds, with due recognition of the differences between the American and South African legal traditions, from American scholars’ conceptualization of the paradox and their views on other complexities associated …

Neoconstitutionalism, Rights, And Natural Law, Juan Cianciardo

Journal of Civil Law Studies

Rights are, without a doubt, the most outstanding feature of contemporary legal systems. It can be argued that since the middle of the past century we are immersed in a culture of rights. Neo-constitutionalism is one among other such concepts that has been used to designate and study this phenomenon. The hypothesis we will attempt to address in this paper is that some of the central characters of our culture of rights, here termed as “neo-constitutionalism,” cannot be explained consistently without an explicit reference to natural law.

We will specifically examine the connection between the assertion that there exist natural …

Origins Of The Division Of Servitudes Into Natural, Legal And Contractual, Carlos Felipe Amunátegui Perelló

Journal of Civil Law Studies

No abstract provided.

European Union Law And Gay Rights: Assessing The Equal Treatment In Employment And Occupation Directive And Case Law On Employment Benefits For Registered Same-Sex Partnerships, Jeneba Barrie

Journal of Civil Law Studies

No abstract provided.

Martin V. A-1 Home Appliance Center, Bogdan Buta

Journal of Civil Law Studies

No abstract provided.

Bloxom V. City Of Shreveport, Garrett Condon

Journal of Civil Law Studies

No abstract provided.