Law Commons^™

F13rs Sgb No. 3 (Budget), Herwig

Student Senate Enrolled Legislation

A Bill

to budget the funds of the Student Government of Louisiana State University and Agricultural and Mechanical College (LSU) for the fiscal year 2013-2014; to appropriate funds for activities, programs, and projects of the Student Government; and to appropriate grants to certain student groups and organizations according to the Constitution and Bylaws of the Student Government.

F13rs Sgb No. 2 (Amend Constitution), Deblieux

Student Senate Enrolled Legislation

A BILL

To amend the LSU Student Government Constitution

F14rs Sgr No. 22 (Hand Sanitizer), Alexander Nay, J Latham

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 21 (Holiday Assignment Policy), J Petit

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 26 (Tiger Cash Kiosk), Dean

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 25 (Testing Center), Wesley Gore

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 27 (Paper Towels In Middleton), Dean, Wesley Gore

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 23 (Lsu Annexation), Andrew Mahtook, Tyler Loga

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 28 (Additional Union Seating), Alexandra De Gravelle

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgr No. 29 (La Constitutional Referendum 1), Petit, Zerkus

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request that students vote “NO” on Constitutional Amendment One in this year’s November 4th statewide election.

F14rs Sgr No. 31 (Graduate Orf Committee), Dunn, Abad, Hauth, Landry, Rempert-Kraeuter

Student Senate Enrolled Legislation

A RESOLUTION

to establish a committee to reevaluate and oversee the allocation of the Graduate Organizational Relief Fund (ORF)

F14rs Sgr No. 30 (La Constitutional Referendum 2), Zerkus, Petit

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request that students vote “NO” on Constitutional Amendment Two in this year’s November 4th statewide election.

F14rs Sgr No. 32 (Tiger Card), Petit

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request LSU Auxiliary Services to redesign the LSU Tiger Card to include a valid signature of the LSU student

F14rs Sgr No. 33 (Tiger Stadium Recycling), Davis

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request the LSU Department of Athletics and the LSU Sustainability Department to place recycling bins throughout Tiger Stadium, the Pete Maravich Assembly Center, and Alex Box Stadium near every trash can

F14rs Sgr No. 24 (Frequently Appealed Academic Policies), Jacob Boudreaux, Smith

Student Senate Enrolled Legislation

No abstract provided.

Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz

Michigan Journal of Race and Law

Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee’s gender, race, or religion? And what if the basis for the employer’s workplace rules and professionalism standards rely on negative racial, ethnic or gender stereotypes that disparately impact some employees over others? Currently, Title VII fails to take into account such forms of second-generation discrimination, thereby limiting statutory protections to phenotypical or morphological bases. Drawing on social psychology and …

Motions 2014 Volume 51 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

A Framework For Advancing Negotiation Theory: Implications From A Study Of How Lawyers Reach Agreement In Pretrial Litigation, John M. Lande

Faculty Publications

The prevailing negotiation theory tries to fit lots of square pegs into just two round holes–adversarial or cooperative bargaining. In the real world, negotiation comes in many different shapes, not just circles and squares. Analyzing law school textbook definitions of the traditional models, this article demonstrates that the two “round holes” in current negotiation theory are poorly defined. It also presents empirical accounts of actual pretrial negotiations to demonstrate that the theoretical models do not fit some real-life negotiations. It argues that it is time to replace the traditional models with a flexible framework that can accommodate virtually all legal …

Good Pretrial Lawyering: Planning To Get To Yes Sooner, Cheaper, And Better, John M. Lande

Faculty Publications

Although the ostensible purpose for pretrial litigation is to prepare for trial, such preparation is inextricably intertwined with negotiation because the expected trial outcome is a major factor affecting negotiation. Indeed, since most litigated cases are settled, good litigators prepare for negotiation at least as much as trial. The lawyers interviewed for this article, who were selected because of their good reputations, described how they prepare for both possibilities. They recommend taking charge of their cases from the outset, which includes getting a clear understanding of clients and their interests, developing good relationships with counterpart lawyers, carefully investigating the cases, …

Reforming High School American History Curricula: What Publicized Student Intolerance Can Teach Policymakers, Douglas E. Abrams

Faculty Publications

This article concerns the way public high schools teach American history under curricula and standards mandated by state law. “We’re raising young people who are, by and large, historically illiterate,” says David McCullough, the dean of American historians.

The article describes three recent nationally publicized incidents in which high school students belittled lynching and the Trail of Tears, evidently without appreciating the episodes’ legal and historical significance to African Americans and Native Americans respectively. Standards and textbooks typically recognize diversity and multiculturalism, but research and surveys indicate that classroom teachers frequently sanitize or avoid discomforting topics that might trigger complaints, …

Conflicting Preferences In Business Bankruptcy: The Need For Different Rules In Different Chapters, Brook E. Gotberg

Faculty Publications

The law of preferential transfers permits the trustee of a bankruptcy estate to avoid transfers made by the debtor to a creditor on account of a prior debt in the 90 days leading up to the bankruptcy proceeding. The standard for avoiding these preferential transfers is one of strict liability, on the rationale that preference actions exist to ensure that all general creditors of the bankruptcy estate recover the same proportional amount, regardless of the debtor's intent to favor any one creditor or the creditor's intent to be so favored. But preference law also permits certain exceptions to strict preference …

Educación Legal En Los Estados Unidos I: Facultades De Derecho Y El Juris Doctor, Maria Elena Cobas Cobiella, M. C. Mirow

University of Miami Inter-American Law Review

Este artículo se presenta en dos partes. La primera parte da una breve historia de la educación legal en los Estados Unidos, una descripción de las facultades de derecho hoy en día, y el contenido de la carrera de grado rofesional de derecho en dicho país, el Juris Doctor, o J.D. La segunda parte, publicada en el volúmen siguiente de esta revista, describe los estudios de postgrados en derecho en los Estados Unidos, la educación continuada para abogados, y algunas consideraciones comparativas, sobre todo con respecto al Plan de Bolonia.

Salvage At Your Own Peril: A Common Law Approach To Maritime Treasure Recovery, Christopher A. Noel

University of Miami Inter-American Law Review

No abstract provided.

Delinking International Environmental Law & Climate Change, Cinnamon Carlarne

Michigan Journal of Environmental & Administrative Law

This Article challenges the existing paradigm in international law that frames global efforts to address climate change as a problem of and for international environmental law. The most recent climate reports tell us that warming is unequivocal and that we are already experiencing the impacts of climate change at the domestic level in the United States. Against this backdrop, much has been written recently in the United States about domestic efforts to address climate change. These efforts are important, but they leave open the question of how the global community can work together to address the greatest collective action problem …

Blueprint For The Great Lakes Trail, Melissa K. Scanlan

Michigan Journal of Environmental & Administrative Law

The Great Lakes are vast yet vulnerable. There is a need to focus the public’s attention on the significance of the lakes for the region as a cohesive, binational whole. To address this need, build on existing water law, and engage the public, this Article provides a blueprint to establish a Great Lakes Trail on the shores of the Great Lakes. The Trail will link together 10,000 miles of coastline and provide the longest marked walking trail in the world. It will demarcate an already existing, yet largely unrecognized, public trust easement and engage the public with their common heritage …

Joseph Sax, A Human Kaleidoscope, Zygmunt Plater

Michigan Journal of Environmental & Administrative Law

Probably more than any other person most of us will ever have the opportunity of knowing, Joe Sax was kaleidoscopic in the way he projected his mind and lived his life as a scholar, teacher, and citizen seer. Shifting his analytical gaze from challenging context to challenging context, he repeatedly threw rich new patterns of perceptive light, thoughts broad and deep, onto a remarkable range of puzzles. Joe’s ability to think broadly and deeply influenced and reshaped the way that his students, friends, colleagues, and readers understood the intricacies, beauty, and challenges of the world around them. Others in this …

Making Ideas Matter: Remembering Joe Sax, Mark Van Putten

Michigan Journal of Environmental & Administrative Law

Joe Sax made his ideas matter. He had consequential ideas that shaped an entire field—in his case, environmental law—both in theory and in practice. His scholarship was first rate and has enduring significance in academia, as evidenced by the fact that two of his law review articles are among the 100 most frequently cited articles of all time. Others are more competent to review the importance of his scholarship; my experience in environmental advocacy is more pertinent to evaluating his impact on environmental policymaking. Here, his ideas have had a greater impact than any other legal academic. As the New …

The Legacy Of Professor Joe Sax, Fred Krupp

Michigan Journal of Environmental & Administrative Law

I grew up as the environmental movement did, in the 1960s and 1970s. In college at Yale, engineering professor Charlie Walker became my mentor and taught me that there are practical solutions for almost all environmental problems. This hopeful point of view inspired me to devote myself to the subject, first as an academic pursuit. As I neared graduation and was trying to decide on a path, Professor Walker handed me a book: Defending the Environment by Joseph Sax.1 That book was visionary in its description of private citizens’ ability to protect and defend the environment through the legal system. …

Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon

Michigan Journal of Environmental & Administrative Law

This Note concerns the legal protection of groundwater-dependent ecosystems in the United States and abroad. By first describing the science and ecology of ecosystems that are dependent on groundwater and then surveying the current American legal system that fails to adequately protect groundwater-dependent ecosystems (GDEs), this Note proposes legal reforms that could vastly improve groundwater management systems. State protection of GDEs is sparse and often only operates indirectly as a result of states’ water policies focused on water quantity upkeep for consumptive purposes. Part I provides an overview of GDEs. Part II discusses state legal protection, including indirect state protection …

Why Full Implementation Is Long Overdue, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

In 1980, the American Bar Association (ABA) promulgated a far-reaching comprehensive body of Juvenile Justice Standards, thereby providing a blueprint for the reform of a system that had serious deficiencies. Developed in partnership with the Institute of Judicial Administration (IJA) at New York University, the standards address the entire juvenile justice continuum, from police handling and intake to adjudication, disposition, juvenile corrections, and ancillary functions. Approximately 300 professionals collaborated for a decade to produce the 23 volumes approved by the ABA House of Delegates.

To this day, the standards remain relevant and reformist. Several have been implemented in whole or …