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Articles 961 - 990 of 6749
Full-Text Articles in Law
Andrus V Hillman, Ross Tuminello
Spanish Law In 2010-2012: The Influence Of European Union Law And The Impact Of The Economic Crisis, Juana Marco Molina
Spanish Law In 2010-2012: The Influence Of European Union Law And The Impact Of The Economic Crisis, Juana Marco Molina
Journal of Civil Law Studies
No abstract provided.
Hoover Tree Farm V. Goodrich Petroleum, Marion P. Roy Iii
Hoover Tree Farm V. Goodrich Petroleum, Marion P. Roy Iii
Journal of Civil Law Studies
No abstract provided.
Petrie V. Michetti, Morgan Romero
Mccarthy V. Entergy Gulf States, Leigh G. Hill
Mccarthy V. Entergy Gulf States, Leigh G. Hill
Journal of Civil Law Studies
No abstract provided.
Peña V. Simeon, William Gaskins
Short V. Short, Taheera S. Randolph
Short V. Short, Taheera S. Randolph
Journal of Civil Law Studies
No abstract provided.
Semantics And Legal Interpretation: A Comparative Study Of The Value Of Embryonic Life Under Argentine And U.S. Constitutional Law, María Del Pilar Zambrano, Estela B. Sacristán
Semantics And Legal Interpretation: A Comparative Study Of The Value Of Embryonic Life Under Argentine And U.S. Constitutional Law, María Del Pilar Zambrano, Estela B. Sacristán
Journal of Civil Law Studies
No abstract provided.
Transfer Of Immovable And Systems Of Publicity In The Western World: An Economical Approach, Luz M. Martínez Velencoso
Transfer Of Immovable And Systems Of Publicity In The Western World: An Economical Approach, Luz M. Martínez Velencoso
Journal of Civil Law Studies
This paper aims to analyse the norms pertaining to the transfer and publicity of property rights from an economic perspective. It is a characteristic of this analysis that it puts the rules that regulate these rights in relation with their associated negotiation costs. This offers a new approach to the examination of the definition, content, and transfer of these rights. Legal norms that minimize the problem of conflicts of ownership increase the value of property in the hands of its owners. One of the instruments oriented to reduce uncertainties of this type is the Land Register, which promotes the exchange …
Anything But Common: The Role Of Louisiana’S Civilian Tradition In The Development Of Federal Civil Rights Jurisprudence Under The Fourteenth Amendment, Jared Bianchi
Journal of Civil Law Studies
The famed Slaughterhouse Cases were the first cases to interpret the Fourteenth Amendment. Those cases arose from a Louisiana controversy. This essay suggests that Fourteenth Amendment jurisprudence, including Substantive Due Process, is rooted in the civilian private law tradition as received in Louisiana and as argued by the butchers in the Slaughterhouse Cases. The essay explores the civil law roots of the Privileges and Immunities Clause, beginning with the Twelve Tables and the Code of Justinian. The essay explores how those early codes were appreciated by subsequent Louisiana jurists, and how the civil law approach became an integral part …
Horton V. Browne, Brian Flanagan
The Uneasy Case For Deferring Banker Pay, Eric D. Chason
The Uneasy Case For Deferring Banker Pay, Eric D. Chason
Louisiana Law Review
The article offers information related to banker-pay regulation in the context of overall financial regulation in the U.S. state Louisiana. In mentions that the primary goal of financial regulation is to reduce systemic risk associated with the economic conditions of the state. It mentions that the regulations should be framed for preventing risk associated with extraordinary and external costs of distress of banks and financial firms.
Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem, Brannon P. Denning
Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem, Brannon P. Denning
Louisiana Law Review
The article offers information related to the dormant Commerce Clause doctrine (DCCD), a legal doctrine that courts in the U.S. have inferred from the commerce clause related to the prohibition of the extraterritorial state legislation. It mentions that the clause expressly grants congress the power to regulate commerce among the several states.
Intentional Killing Without Intending To Kill: Knobe’S Theory As A Rational Limit On Felony Murder, Joseph C. Mauro
Intentional Killing Without Intending To Kill: Knobe’S Theory As A Rational Limit On Felony Murder, Joseph C. Mauro
Louisiana Law Review
Felony murder authorizes maximum criminal punishment, the kind typically reserved for the most ruthless and calculating killers, for defendants who did not even intend to kill. Many retributivist scholars therefore criticize felony murder for abandoning the traditional notion that intent determines culpability and the appropriate degree of punishment. Despite widespread agreement with this criticism, however, felony murder persists in most jurisdictions. Joshua Knobe's empirical research turns this problem on its head by suggesting that intent is not just a mental state. Numerous experiments have shown, in fact, that people are more likely to call an action intentional, regardless of what …
From Jeopardy! To Jaundice: The Medical Liability Implications Of Dr. Watson And Other Artificial Intelligence Systems, Jessica S. Allain
From Jeopardy! To Jaundice: The Medical Liability Implications Of Dr. Watson And Other Artificial Intelligence Systems, Jessica S. Allain
Louisiana Law Review
In this article, the author offers information on need of reframing the laws that can encourage innovative technology's growth to overcome the healthcare shortages and enhance the quality of patients care. It suggests that an approach of law for assessing the liability against artificial intelligence systems and robotics for advanced health care is required in the U.S.
New Wine In An Old Chalice: The Ministerial Exception’S Humble Roots, Blair A. Crunk
New Wine In An Old Chalice: The Ministerial Exception’S Humble Roots, Blair A. Crunk
Louisiana Law Review
In this article, the author offers information related to the ministerial exception, de facto law of the U.S. intended to protect the freedom of religion that exempts institutions from anti discrimination laws in hiring employees. It further discusses the influence of ministerial exception in employment discrimination laws of the U.S.
The Nature Of The Form: Legal And Regulatory Issues Surrounding The Bitcoin Digital Currency System, Joshua J. Doguet
The Nature Of The Form: Legal And Regulatory Issues Surrounding The Bitcoin Digital Currency System, Joshua J. Doguet
Louisiana Law Review
The article offers information related to the legal and regulatory issues associated with the use of Bitcoins, a cryptocurrency. It informs creation and transfer of bitcoins is based on an open-source cryptographic protocol that is independent of any central authority. It informs that in 2008, an enigmatic programmer, known only as Satoshi Nakamoto, first proposed the idea for Bitcoin. It reports the need of new regulatory efforts for the use of bitcoins.
Save Now, Pay Later: The Unfortunate Reality Of Pliva V. Mensing, Fabian Nehrbass
Save Now, Pay Later: The Unfortunate Reality Of Pliva V. Mensing, Fabian Nehrbass
Louisiana Law Review
The article offers information related to the supreme courts decisions in PLIVA v. Mensing court case. It mentions that the court has ruled that generic drug companies cannot be sued under state law over allegations that they failed to provide adequate labeling about side effects. It mentions that the case come before the court as court found that the U.S. Food and Drug administration's regulations require that the labeling on a generic drug should be identical to its brand drug counterpart.
Collision Course: How Federal Rule Of Civil Procedure 23(F) Has Silently Undermined The Prohibition On American Pipe Tolling During Appeals Of Class Certification Denials, Kevin Welsh
Louisiana Law Review
The article offers information on the court case Calderon v. Presidio Valley Farmers Association (PVFA). It mentions that court ruled in favor of the Mexican farmworkers that sued the Presidio Valley Farmers Association and its grower members for breach of their employment agreement and numerous violations of the Farm Labor Contractor Registration Act. It reports that The PVFA had hired the workers during the 1977 and 1978 harvest seasons.
July 2013 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
July 2013 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
Louisiana Bar Exams
No abstract provided.
Lock-Up Creep, Christina M. Sautter, Steven M. Davidoff
Lock-Up Creep, Christina M. Sautter, Steven M. Davidoff
Journal Articles
The article discusses a reported increase in the number of merger agreement lock-ups that have occurred as of June 2013, focusing on the causes of lock-up creep and its potential impact on the takeover market. It states that lock-up creep is a phrase that is used to describe a rise in the number and type of merger agreement contractual devices that buyers and sellers negotiate in an acquisition agreement. Attorney negotiations, bidders, and various legal cases are examined.
Constitutional Privileging, Michael Coenen
Constitutional Privileging, Michael Coenen
Journal Articles
“Constitutional privileging” occurs when courts treat the constitutional status of a legal claim as a reason to afford it specialized procedural or remedial treatment — in effect providing to that claim a greater degree of judicial care and attention than its nonconstitutional counterparts receive. Though seldom scrutinized by courts and commentators, this practice occurs within a variety of doctrinal settings. For example, a stricter standard of harmless error review governs constitutional claims; district court findings of facts (and mixed findings) are subject to a stricter form of appellate review in constitutional cases; collateral relief from federal court judgments is more …
The Frac-As Over Property Taxation Of Louisiana Oil And Gas Wells, Andrew M. Heacock
The Frac-As Over Property Taxation Of Louisiana Oil And Gas Wells, Andrew M. Heacock
LSU Journal of Energy Law and Resources
No abstract provided.
Why Don’T You Take A Seat Away From That Computer?: Why Louisiana Revised Statute 14:91.5 Is Unconstitutional, Eva Conner
Louisiana Law Review
The article analyzes the content of Louisiana Revised Statutes section 14:91.5 which is regarding unlawful use or access of social media and compares it with similar laws across the U.S. It discusses the constitutionality of imposing post-release restrictions on sex offenders who have already completed their sentences. It reflects on Free Speech issues arising from laws restricting Internet access to sex offenders.
The Arithmetic Of Shale Gas, Robert Ames, Anthony Corridore, Joel N. Ephross, Edward A. Hirs Iii, Paul W. Macavoy, Richard Tavelli
The Arithmetic Of Shale Gas, Robert Ames, Anthony Corridore, Joel N. Ephross, Edward A. Hirs Iii, Paul W. Macavoy, Richard Tavelli
LSU Journal of Energy Law and Resources
No abstract provided.
The Quest To Implant The Civilian Method In Louisiana: Tracing The Origins Of Judicial Methodology, Vernon Valentine Palmer
The Quest To Implant The Civilian Method In Louisiana: Tracing The Origins Of Judicial Methodology, Vernon Valentine Palmer
Louisiana Law Review
The article presents a speech by the author, who is the Co-Director of the Eason Weinmann Center for Comparative Law, Tulane University, delivered at the 36th Annual Tucker Lecture, held at the Paul M. Hebert Law Center, Louisiana State University on November 17, 2011, in which he discussed Louisiana's civil law and justice administration, and reflected on Roman-Spanish law in this context.
The Birth Of A Real Right: An Overview And Analysis Of The Recent Revision Of Book Iii, Title X Of The Civil Code, Bradley Schwab
The Birth Of A Real Right: An Overview And Analysis Of The Recent Revision Of Book Iii, Title X Of The Civil Code, Bradley Schwab
Louisiana Law Review
The article examines the revised articles in Title X, Book III, of the Louisiana Civil Code which is regarding rents of lands and annuities. It explains the revisions to Chapter 1 and Chapter 2 of Title X, Book III that pertains to the annuity contract and the annuity charge respectively. It discusses some economic benefits created by these new articles including bankruptcy protection and Medicaid benefits.