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Oil, Indifference, And Displacement: An Indigenous Community Submerged And Tribal Relocation In The 21st Century, Jared Munster

American Indian Law Journal

Coastal land loss driven by erosion and subsidence, and amplified by climate change, has forced the abandonment and resettlement of the remote Louisiana Indigenous community of Isle de Jean Charles. This relocation, to a relatively ‘safer’ site inland has led to division among the residents and will inevitably cause irreparable damage to the culture and traditions of the Houma and Biloxi Chitimacha Confederation of Muskogees peoples who called this small, isolated island home. Driven to the water’s edge by European colonization of south Louisiana, this community developed a dynamic subsistence lifestyle based on agriculture, hunting, and fishing which survived undisturbed …

Ramos Retroactivity And The False Promise Of Teague V. Lane, Tori Simkovic

University of Miami Law Review

When the Supreme Court changes course and announces a new rule of constitutional criminal law, the question remains: what happens to those imprisoned by the old practice now deemed unconstitutional? Since 1989, that question has been answered by Teague v. Lane, a restrictive holding that limits retroactivity by prioritizing judicial resources over the constitutional rights of incarcerated people. But should it matter if the old rule has explicitly racist origins?
Convictions by non-unanimous juries emerged in Louisiana and Oregon with the stated intention of rendering Black jurors' votes meaningless. In 2020, the Supreme Court in Ramos v. Louisiana held that …

As Muddy As The Mississippi River: An Examination Of Louisiana Jury Venire Creation Procedures, Kristen M. Vicknair

William & Mary Journal of Race, Gender, and Social Justice

Americans expect their constitutional rights to be respected by the federal, state, and local governments, but a lack of transparency on a government’s behalf prevents Americans from being able to trust their governments fully. This Note demonstrates the astounding lack of transparency in Louisiana parishes’ jury venire creation procedures, which prevent Louisianans from trusting that their communities are represented by a fair cross-section on jury venires. The same lack of transparency restricts any constitutional challenges of the representation on appeal, as the major test for the fair cross-section, the Duren test, requires a showing of systematic exclusion on the government’s …

Removing The Risk From Risk Allocation: Reforming Louisiana’Soilfield Anti-Indemnity Act, Katherine Fruge Corry

Louisiana Law Review

The article discusses the risks faced by oil and gas firms in their operational contracts like master service agreements (MSA) and why the Louisiana legislature should copy the Texas Oilfield Anti-Indemnity Act (TOIA) to amend the Louisiana OIA (LOIA) to protect contractors and service firms.

Strangers In A Strange Land: Problems With The Recent Influx Of Ice Detainees Into Louisiana, And What To Do About It, Danielle Grote

Louisiana Law Review

The article examines the challenges posed by and solutions to the influx of U.S. Immigration and Customs Enforcement (ICE) detainees into Louisiana.

Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman

Touro Law Review

No abstract provided.

Boothe V. Dotd, Jacque P. Biggs

Journal of Civil Law Studies

No abstract provided.

Leger V. Leger, Jessica Brewer

Journal of Civil Law Studies

No abstract provided.

Close, But No Cigar: Issues With Louisiana Revised Statutes § 9:2800.27 And The Collateral Source Rule, Andrew G. Jarreau

Louisiana Law Review

The article discusses issues on the collateral source rule in Louisiana, the ruling by the state Supreme Court in the case Bozeman v. State, and why the state's Revised Statutes  9:2800.27 contradicts the policy behind tort recovery.

To Impute Or Not To Impute: Independent Insurance Adjuster Liability In Louisiana, Braxton A. Duhon

Louisiana Law Review

The article discusses issues on the imputation of independent insurance adjuster liability to insurers in Louisiana and the possible legislative and judicial remedies to resolve the ambiguities in state law.

Reworking Louisiana’S Private Works Act, L. David Cromwell, Mallory Waller

Louisiana Law Review

The article addresses the 2019 revision to the Private Works Act, the culmination of a long history of legislative efforts to protect contractors, laborers, suppliers and others who contribute to the improvement of an immovable, and its significance in Louisiana law.

The Encyclopedist Code: Ancien Droit Legal Encyclopedias And Their Verbatim Influence On The Louisiana Digest Of 1808, Seth S. Brostoff

Journal of Civil Law Studies

This Article identifies nearly one hundred articles and provisions in Louisiana’s first civil code, the Digest of 1808, which were copied verbatim or almost verbatim (that is, literally or almost literally) from three French legal encyclopedias popular during the Ancien Régime: Lerasle’s Encyclopédie méthodique: Jurisprudence (8 vols., 1782–89), Jean-Baptiste Denisart’s Collection de décisions nouvelles (1st ed., 6 vols., 1754–56), and Joseph-Nicolas Guyot’s Répertoire de jurisprudence (2d ed., 17 vols., 1784–85). As the Appendix indicates, verbatim and almost verbatim extracts from Lerasle, Denisart, and Guyot constitute approximately five per cent of the Digest’s source material. This Article therefore serves as a …

Radcliffe V. Burger, Jessica Brewer

Journal of Civil Law Studies

No abstract provided.

Recognizing The Need To Recognize: A Proposed Foreign Judgment Recognition Statute And A Procedure For Enforcement In Louisiana, Elias M. Medina

Louisiana Law Review

The article discusses a proposed foreign judgment recognition law, the procedure for enforcement in Louisiana, and the state's Uniform Enforcement of Foreign Judgments Act (EFJA).

Revitalizing Louisiana's Lost Chance Doctrine: Burchfield V. Wright Sheds Light On The Need For Medical Expenses, Madeleine K. Morgan

Louisiana Law Review

The article discusses the Louisiana Supreme Court case "Burchfield v. Wright" to examine the use of the 'lost chance doctrine' in medical malpractice lawsuits under the Louisiana Medical Malpractice Act (MMA).

Palliative Sedation And The Louisiana Natural Death Act, Frederick R. Parker Jr.

Louisiana Law Review

The article discusses such topics as palliative sedation, assisted suicide, and euthanasia, as well as their legal implications under the Louisiana Natural Death Act.

A Budgetary Life Raft: An Analysis Of Louisiana's State And Local Sales Tax, Hayden O. Bigby

Louisiana Law Review

The article discusses the state and local sales taxes in Louisiana, including their history, functions in local government administration, as well as the exemptions and exclusions.

The Best Defense Is No Offense: Reforming Louisiana's Security For Court Costs Statute, Bradley C. Guin

Louisiana Law Review

The article discusses the security for court costs statute in Louisiana, as well as its history including its use in the early English common law, its comparison to other international jurisdictions, as well as some proposals for reform.

Lagniappe Liability: Limiting Employer's Vicarious Liability For Punitive Damages In Louisiana, Thomas C. Naquin

Louisiana Law Review

The article discusses the issue of vicarious liability for punitive damages in Louisiana, particularly the liability of employers for compensatory damages and punitive damages caused by tortfeasors under their employment.

Pepperdine University School Of Law Legal Summaries, Analise Nuxoll

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Requiescat In Pace: The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann

William & Mary Environmental Law and Policy Review

No abstract provided.

The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu

Journal of Civil Law Studies

One of the defining features of the Uniform Commercial Code Article 9 is the secured creditor’s ability to take possession of the collateral upon the debtor’s default “without breach of peace.” This standard is meant to protect the debtor from abusive secured creditors, the meaning of which has been shaped by courts on a case-by-case basis.

In reforming their secured transactions laws to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement mechanisms, including various forms of self-help repossession. However, the …

The Public Pension Crisis Through The Lens Of State Constitutions And Statutory Law, Kristen Barnes

Chicago-Kent Law Review

No abstract provided.

Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

The Post-Production Costs Issue In Texas And Louisiana: Implications For The Fate Of Implied Covenants And Pro-Lessor Clauses In The Shale Era Oil And Gas Lease., Laura H. Burney

St. Mary's Law Journal

This Article discusses the implications of Heritage Resources, Hyder, and several Louisiana cases on the “post-production costs” issue in gas royalty clauses, as well as the fate of implied covenants in the shale era. To better understand that issue, this Article first provides a background on the interaction of express lease clauses and the doctrine of implied covenants. This discussion reveals that implied covenants are relegated to a minor role in light of extensive express clauses in Shale Era leases because courts frequently view express or “plain” terms as barring implied covenants. The problem, however, as commentators have noted—particularly regarding …

Innovate, Collaborate & Serve: Louisiana’S “Lift” – A Legal Incubator And Accelerator Program Startup Guide, Amy Duncan

Journal of Experiential Learning

No abstract provided.

Three Strikes And You’Re Out: Louisiana’S Alternative Fuel Usage Tax Credit Whiffs Tax Policy . . . Again, Timothy Mcgibboney

LSU Journal of Energy Law and Resources

No abstract provided.

Model Business Corporation Act As Adopted In Louisiana, Glenn G. Morris

Louisiana Law Review

The article looks at the adoption of customized version of the Model Business Corporation Act in Louisiana, replacing Louisiana Business Corporation Law (LBCL) as of January 1, 2015. It informs that Model Act is the product of the Committee on Corporate Laws of the Section of Business Law of the American Bar Association. It mentions the Model law address set of rules for the execution, filing, and reduces the number of required documents for creating corporation.

Sanctions For Frivolous Civil Appeals In Louisiana, Gail S. Stephenson

Louisiana Law Review

The article offers information related to sanctions for frivolous civil appeals under Louisiana Code of Civil Procedure article 2164 in Louisiana. Topics discussed include court case of Parker v. Interstate Life & Accident Insurance Co., penalties for frivolous appeal will not be imposed unless clearly due, and creating an exception to the rule.

Vendor’S Privilege: Adheret Visceribus Rei, L. David Cromwell

Louisiana Law Review

The article offers information on the vendor's privilege on the mortgage debt as stated by the Louisiana Supreme Court. Topics discussed include failure of timely transcription of the mortgage do not affect the vendor's privilege, effectiveness for failure of timely reinscription, and formulation of vendor's privilege law traces back to Code Napoléon.