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Full-Text Articles in Law

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.


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.


Centripetal Forces: Multidistrict Litigation And Its Parts, Catherine R. Borden, Emery G. Lee Iii, Margaret S. Williams Dec 2014

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.


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.


Symposium Panelist Transcripts Dec 2014

Symposium Panelist Transcripts

Louisiana Law Review

No abstract provided.


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.


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 Dec 2014

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.


Awards Dec 2014

Awards

Louisiana Law Review

No abstract provided.


The Perma Project Dec 2014

The Perma Project

Louisiana Law Review

No abstract provided.


When Remand Is Appropriate In Multidistrict Litigation, Edward F. Sherman Dec 2014

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.


Same-Sex Marriages Are Not Created Equal: United States V. Windsor And Its Legal Aftermath In Louisiana, Mallory Chatelain Nov 2014

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 Strife Of Riley: The Search-Incident Consequences Of Making An Easy Case Simple, Leslie A. Shoebotham Nov 2014

The Strife Of Riley: The Search-Incident Consequences Of Making An Easy Case Simple, Leslie A. Shoebotham

Louisiana Law Review

No abstract provided.


Binding Future Selves, Kaiponanea T. Matsumura Nov 2014

Binding Future Selves, Kaiponanea T. Matsumura

Louisiana Law Review

No abstract provided.


Fear Of An Undeterrable Other, Fredrick E. Vars Nov 2014

Fear Of An Undeterrable Other, Fredrick E. Vars

Louisiana Law Review

No abstract provided.


Contract Law And The Hand Formula, Daniel P. O'Gorman Nov 2014

Contract Law And The Hand Formula, Daniel P. O'Gorman

Louisiana Law Review

No abstract provided.


High-Stakes Word Search: Ensuring Fair And Effective Irs Centralization In Tax Exemption, Heath C. Dejean Nov 2014

High-Stakes Word Search: Ensuring Fair And Effective Irs Centralization In Tax Exemption, Heath C. Dejean

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 Nov 2014

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.


Promoting “Inclusive Communities”: A Modified Approach To Disparate Impact Under The Fair Housing Act, Cornelius J. Murray Iv Nov 2014

Promoting “Inclusive Communities”: A Modified Approach To Disparate Impact Under The Fair Housing Act, Cornelius J. Murray Iv

Louisiana Law Review

No abstract provided.


Better Safe Than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against The Double-Sided Coin Of Voter Disenfranchisement, Julia D'Hemecourt Aug 2014

Better Safe Than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against The Double-Sided Coin Of Voter Disenfranchisement, Julia D'Hemecourt

Louisiana Law Review

The author comments on the importance of strengthening voter identification laws in Louisiana. Topics discussed include the occurrence of voter disenfranchisement in the state, the implication of voter fraud for political elections, and the legislation concerning voter's identification and protection of voter's rights.


Table Of Contents Aug 2014

Table Of Contents

Louisiana Law Review

No abstract provided.


Faculty Aug 2014

Faculty

Louisiana Law Review

No abstract provided.


The Long Road To Dignity: The Wrong Of Segregation And What The Civil Rights Act Of 1964 Had To Change, Paul Finkelman Aug 2014

The Long Road To Dignity: The Wrong Of Segregation And What The Civil Rights Act Of 1964 Had To Change, Paul Finkelman

Louisiana Law Review

The article focuses on the segregation in the U.S. and the passage of the Civil Rights Act of 1964 under the administration of U.S. President Lyndon Johnson. Topics include the personal battle and triumph of Johnson in passing the legislation to address the segregation in the country, the beginning of civil rights and the joint committee on reconstruction, and the response of the legislators and judiciary to southern terrorism.


Beyond The Civil Rights Act Of 1964: Confronting Structural Racism In The Workplace, William M. Wiececk, Judy L. Hamilton Aug 2014

Beyond The Civil Rights Act Of 1964: Confronting Structural Racism In The Workplace, William M. Wiececk, Judy L. Hamilton

Louisiana Law Review

Since 1967, sociologists have produced a compelling body of literature on structural racism that explains why severe racial disparities persist throughout American society in all social domains: employment, education, residential patterns, wealth accumulation, and so on. Structural racism perpetuates the effects of past, overt discrimination because it does its work through organizational procedures and social policies that appear to be race neutral. Dealing with structural racism requires us to focus on social structure instead of the intentions of bigoted individuals. In this Article, we link the disciplines of sociology and constitutional history to demonstrate that the U.S. Supreme Court has …


Sackett V. Epa: Does It Signal The End Of Coercive Cercla Enforcement?, David A. Safranek Aug 2014

Sackett V. Epa: Does It Signal The End Of Coercive Cercla Enforcement?, David A. Safranek

Louisiana Law Review

The author comments on the U.S. Supreme Court case Sackett v. EPA, which deals on the alleged violation of the U.S. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Topics discussed include the CERCLA's non-reviewable Unilateral Administrative Orders (UAOs), the coercive enforcement of the CERCLA among businesses and individuals, and the aspects of due process rights under the U.S. Fifth Amendment.


Masthead Aug 2014

Masthead

Louisiana Law Review

No abstract provided.


The Supreme Court Chipping Away At Title Vii: Strengthening It Or Killing It?, Henry L. Chambers Jr. Aug 2014

The Supreme Court Chipping Away At Title Vii: Strengthening It Or Killing It?, Henry L. Chambers Jr.

Louisiana Law Review

The article discusses Title VII of the 1964 Civil Rights Act. It mentions that Title VII focuses on giving equal opportunity in the workplace which enables individuals to rise or fall depending on their talent. It adds that Title VII restricts covered employers from discriminating employee's terms, conditions, or privileges of compensation or employment due to an employee's race or national origin.


“A Stone Of Hope”: The Civil Rights Act Of 1964 And Its Impact On The Economic Status Of Black Americans, Jenny Bourne Aug 2014

“A Stone Of Hope”: The Civil Rights Act Of 1964 And Its Impact On The Economic Status Of Black Americans, Jenny Bourne

Louisiana Law Review

The article offers the author's insights regarding the Civil Rights Act of 1964 in the U.S. and its effect on African American's economic status. Topics discussed by the author include the Fair Employment Practices Commission (FEPC), significance of Title VII in the improvement of African American's experience in labor market, and segregation. Also mentioned are the earnings, unemployment, and education African American men.


Until Debt Do Us Part: The Need For Revision Of Article 2364 Reimbursement Claims For Student Loan Debts, Ashley L. Gill May 2014

Until Debt Do Us Part: The Need For Revision Of Article 2364 Reimbursement Claims For Student Loan Debts, Ashley L. Gill

Louisiana Law Review

The article focuses on the need for revision of Article 2364 reimbursement claims for student loan debts. Topics discussed include the statistics surrounding education, marriage, and student loan debt in the U.S and community property law in Louisiana, Louisiana's approach to handling reimbursement claims, as well as claims specifically dealing with student loan debt, and student loan debt as an exception to the general rule allowing reimbursement claims.