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Table Of Contents

Louisiana Law Review

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Louisiana Law Review

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Faculty

Louisiana Law Review

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The Constitutional Authority Giving Our Appellate Courts Jurisdiction Of Fact Should Be Repealed, William E. Crawford

Louisiana Law Review

The article discusses the constitutional authority granting appellate courts in Louisiana the jurisdiction to review the record of a civil jury trial as well as to issue its own judgment contrary to the verdict of the jury. It presents several cases in which jury decisions were reversed including Brewer v. J.B. Hunt Transport, Inc., Menard v. Lafayette Insurance Company, and Fontenot v. Patterson.

“Oil In The Family”: Obtaining The Requisite Consent To Conduct Operations On Co-Owned Land Or Mineral Servitudes, Patrick S. Ottinger

Louisiana Law Review

The article analyzes Louisiana law regulating the circumstances under which oil and gas activities may be conducted on co-owned land or co-owned mineral servitudes. It examines Louisiana law concerning the rights and duties of co-owners generally and reflects on the enactment of the Louisiana Mineral Code in 1975 regulating oil and gas activities of the state.

The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law, Marshall L. Perkins

Louisiana Law Review

The article discusses the intent requirement in Louisiana destination law which states that a party claiming predial servitude created by destination must prove the "intent" of the common owner to create the servitude. It analyzes the intent requirement entered into the jurisprudential application of Louisiana civil code and presents a relevant French doctrine on the issue.

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LSU Journal of Energy Law and Resources

No abstract provided.

Table Of Contents

LSU Journal of Energy Law and Resources

No abstract provided.

Biomass-Based Diesel: Fueling The Renewable Fuel Standard, Brent J. Hartman

LSU Journal of Energy Law and Resources

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Faculty

LSU Journal of Energy Law and Resources

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Recent Ferc Efforts To Remedy Inadequate Transmission Capacity And The Implications For The Development Of Wind Power, Brian M. Bowman

LSU Journal of Energy Law and Resources

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Preface, Keith Hall

LSU Journal of Energy Law and Resources

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Prevention And The Pillars Of A Dynamic Theory Of Civil Liability: A Comparative Study On Preventive Remedies, Alexandru-Daniel On

Research Papers

The purpose of this study is to draw the coordinates and identify the main vectors for the development of a comprehensive theory of prevention in the law of torts.

No.25 - April 2013, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Faculty

Louisiana Law Review

No abstract provided.

Elementary Pleading, Charles B. Campbell

Louisiana Law Review

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Opinions Actionable As Securities Fraud, Wendy Gerwick Couture

Louisiana Law Review

This Article proposes a new analytical framework to apply to statements of opinion in securities fraud cases. Although statements of opinion form the basis of some of the most cutting-edge securities fraud claims--such as those asserted against securities analysts and credit rating agencies--statements of opinion do not fit squarely within the elements of securities fraud. In particular, three issues arise: (1) When is a statement of opinion false so as to qualify as a misrepresentation? (2) When is a statement of opinion material? (3) And, for that matter, what is the distinction between a statement of fact and a statement …

The Expansion Of Criminal Registries And The Illusion Of Control, Molly J. Walker Wilson

Louisiana Law Review

The American public consistently ranks crime prevention as the single most important objective for the criminal justice system, putting this goal ahead of punishment, enforcement, and rehabilitation. One popular but controversial method recently employed to prevent recidivism is the use of offender registries. The most common type of registry currently in use is the sex-offender registry. Responding to the public's perception that sex offenders pose a particular risk to society, federal legislators--as well as legislators in all 50 states and the District of Columbia-- have enacted legislation creating mandatory sex-offender registries. The primary rationale for tracking and notification requirements was …

The Duty To Think Strategically, Nadelle Grossman

Louisiana Law Review

Under Delaware corporate law, directors and officers have a duty to oversee their firm's management of risk to limit losses. Corporate law does not, however, require directors or officers to oversee their firm's management of strategy to create gains. Yet, managing both risk and strategy is essential to a firm in creating value. In fact, as I argue in the Article, the current focus by courts and commentators only on risk management to prevent losses could actually undermine a firm's management of its strategy for gains. I therefore propose a model for how Delaware corporate law can drive firms to …

Table Of Contents

Louisiana Law Review

No abstract provided.

Masthead

Louisiana Law Review

No abstract provided.

Tortious Tweets: A Practical Guide To Applying Traditional Defamation Law To Twibel Claims, Patrick H. Hunt

Louisiana Law Review

The article discusses certain actions and defenses related to Twitter, an online social networking service, and its features which can help in defamation analysis. It explores the ways in which Twitter can be used and discusses measures to resolve claims related to Twibel, a concept which has been introduced to fight people who abuse the power of Twitter. It reflects on the revision of current defamation framework and discusses application of traditional considerations to Twibel claims.

Bad Moon Rising: The Sharia Law Bans, Bradford J. Kelley

Louisiana Law Review

The article presents information on the Sharia Law, an Islamic religious law, and other foreign laws in the U.S. courts. It discusses that whether prohibition should be applied to the Sharia Law. It mentions about the impact of this Law in the countries like the U.S. and Great Britain. It informs about the efforts made by the U.S. state legislative to stop use of Sharia Law.

When Will It Finally End: The Effectiveness Of The Rule 10b-5 Private Action As A Fraud-Deterrence Mechanism Post-Janus, Justin Marocco

Louisiana Law Review

The article discusses the Rule 10b-5 as a private method to limit the fraud-deterrence in the security for sales or purchase under the U.S. Securities Exchange Act. It mentions that the U.S. Supreme Court rejected the rule 10b-5 private actions liability for aiding and abetting. It states that the mutual fund company Janus Distribution LLC is responsible for the limitation of prevention of fraud because of escaping liability to the corporate officers for their unattributed misstatements.

Closing The Floodgates: Defining A Class Of Third-Party Plaintiffs For Title Vii Retaliation Claims, Laura Blair Naquin

Louisiana Law Review

The article offers information on the law related to retaliation claims made under Title VII of the U.S. Civil Rights Act of 1964. It mentions the third-party plaintiffs' class which is eligible to file retaliation claims. It expresses the need to set standards for third party retaliation claims. It informs that a third party plaintiff who files a claim should have pretext, direct retaliation evidence, and a proof that retaliation is the only cause for an employer's action.

Cold Comfort: Sec. 1983 As The Exclusive Damages Remedy For Violations Of Sec. 1918 By State Actors, Darlene Goring

All Scholarship

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Networking Customary Law, Scott Sullivan

Journal Articles

In United States v. Jones, the U.S. Supreme Court considered whether gathering four weeks of GPS information capturing a suspect’s movement on public roads constituted an unlawful search under the Fourth Amendment of the U.S. Constitution.

In two separate concurring opinions, Justices Alito and Sotomayor rejected the notion that all of a citizen’s movements in public were free from the Amendment’s protection. A unifying theme for both justices was the power of contemporary technology to aggregate isolated acts into a comprehensive knowledge of a person’s private life. Justice Alito writing on behalf of four Justices notes that, over time, the …

The Bp B1 Bundle Ruling: Federal Statutory Displacement Of General Maritime Law, John Costonis

Journal Articles

Among the many unresolved legal questions posed by BP’s Gulf well blowout are whether and to what extent maritime tort negligence remedies escape displacement by relevant federal statutes, including, principally, the Oil Pollution Act of 1990 (OPA or OPA 90). OPA jurisprudence over two decades holds that OPA displaces these remedies. Contrarily, however, the United States District Court for the Eastern District of Louisiana’s decision in In re Oil Spill by the Oil Rig “Deepwater Horizon” (hereinafter B1 Bundle) insists that general maritime law affords a parallel track to OPA’s remedies for economic and property oil discharge losses suffered by …

Unmasking A Pretext For Res Ipsa Loquitur: A Proposal To Let Employment Discrimination Speak For Itself, William R. Corbett

Journal Articles

Has too much tort law been incorporated into the case law under the federal employment discrimination statutes? The debate on this issue has been reinvigorated by the Supreme Court’s decision in Staub v. Proctor Hospital, 131 S. Ct. 1186 (2011). In Staub the Court referred to the Uniformed Services Employment and Reemployment Rights Act, a federal employment discrimination statute, as a “federal tort.” The Court then adopted the tort doctrine of proximate cause as the standard for evaluating subordinate bias (or “cat’s paw”) liability. Staub was not the first case in which the Court has suggested that a federal employment …

Promises Made To Be Broken? Standstill Agreements In Change Of Control Transactions, Christina M. Sautter

Journal Articles

Many promises are made in the negotiation of a merger but not all promises are necessarily enforceable or consistent with a board of directors’ fiduciary duties. This article explores the enforceability of one such promise: the buyer’s standstill agreement. When a publicly traded company explores a sale, that company, the target, customarily requires each potential buyer to execute a standstill agreement. A typical standstill prevents potential buyers from publicly making or announcing a bid for the target during the sale process without the target’s prior consent and for a period of approximately twelve to eighteen months from the conclusion of …