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Articles 1 - 30 of 46
Full-Text Articles in Law
Omnipotent Doctrine Of Law: The Ministerial Exception After Our Lady Of Guadalupe School V. Morrissey-Berru, Madeleine Breaux
Omnipotent Doctrine Of Law: The Ministerial Exception After Our Lady Of Guadalupe School V. Morrissey-Berru, Madeleine Breaux
Louisiana Law Review
The article discusses the U.S. Supreme Court case Our Lady of Guadalupe School v. Morrissey-Berru which deals with the ministerial exception, the Civil Rights Act of 1964, and the separation of the church and the state.
The “Nature” Of Seaman Status After Sanchez, Thomas C. Galligan Jr.
The “Nature” Of Seaman Status After Sanchez, Thomas C. Galligan Jr.
Louisiana Law Review
The article discusses a U.S. Supreme Court case involving welder Gilbert Sanchez who filed a complaint against his employer, Smart Fabricators of Texas LLC, after he sustained an injury at work, including information on pre-en banc proceedings and the application of seaman status jurisprudence.
Overruling Louisiana: Horizontal Stare Decisis And The Concept Of Precedent, Santiago Legarre, Christopher R. Handy
Overruling Louisiana: Horizontal Stare Decisis And The Concept Of Precedent, Santiago Legarre, Christopher R. Handy
Louisiana Law Review
The article discusses two U.S. Supreme Court cases, Ramos v. Louisiana and June Medical v. Russo, which deal with the concept of stare decisis that approached horizontal precedent and overruling.
In Defense: New York Times V. Sullivan, Matthew L. Schafer
In Defense: New York Times V. Sullivan, Matthew L. Schafer
Louisiana Law Review
The article discusses the U.S. Supreme Court case New York Times v. Sullivan which deals with the actual-malice requirement, the common law of libel, and public-official and public-figure libel plaintiffs.
The Limits Of Executive Power In Crisis In The Early Republic: Martin V. Mott—An Old Gray Mare—Reexamined Through Its Own History, Joshua E. Kastenberg
The Limits Of Executive Power In Crisis In The Early Republic: Martin V. Mott—An Old Gray Mare—Reexamined Through Its Own History, Joshua E. Kastenberg
Louisiana Law Review
The article discusses the structure of the militia under the U.S. Constitution including the political and military character of the War of 1812 and the analysis of the court case Martin v. Moth based on the circumstances surrounding the war.
It’S What You Said And How You Said It: The Nlrb’S Attempt To Separate Employee Misconduct From Protected Activity In General Motors Llc, Casey Thibodeaux
It’S What You Said And How You Said It: The Nlrb’S Attempt To Separate Employee Misconduct From Protected Activity In General Motors Llc, Casey Thibodeaux
Louisiana Law Review
The article discusses a court case involving automobile company General Motors LLC which deals with the company's obligations under the National Labor Relations Act, antidiscrimination laws, and the application of employee discipline cases relating to protected activities.
The Zoom Paradox: Schrodinger’S Witness, Christopher J. Vidrine
The Zoom Paradox: Schrodinger’S Witness, Christopher J. Vidrine
Louisiana Law Review
The article explains the role of the common law and federal civil statutes in the evolution of convenience concept in civil procedure through the development of videoconferencing technology.
The Qui Tam Question: Proper Pleading Requirements For Relators Under The Fca, P. Cullen Mcdonald
The Qui Tam Question: Proper Pleading Requirements For Relators Under The Fca, P. Cullen Mcdonald
Louisiana Law Review
The article offers information on the provisions of the False Claims Act in the U.S. including its history and complexities relating to lawsuits and pleading requirements.
Firing Employment At Will And Discharging Termination Claims From Employment Discrimination: A Cooperative Federalism Approach To Improve Employment Law, William Corbett
Firing Employment At Will And Discharging Termination Claims From Employment Discrimination: A Cooperative Federalism Approach To Improve Employment Law, William Corbett
Journal Articles
The article focuses on employment at will and employment discrimination law-and explores how each encroaches upon and weakens the other. It mentions federal-state cooperative approach to "firing" employment at will and discharging termination claims from the federal employment discrimination laws. It also mentions cooperative federalism approach to improve employment law and basics of a wrongful discharge statute.
Corporate Governance Gaming: The Collective Power Of Retail Investors, Christina M. Sautter, Sergio Alberto Gramitto Ricci
Corporate Governance Gaming: The Collective Power Of Retail Investors, Christina M. Sautter, Sergio Alberto Gramitto Ricci
Journal Articles
The GameStop saga and meme stock frenzy have shown the pathway to the most disruptive revolution in corporate governance of the millennium. New generations of retail investors use technologies, online forums, and gaming dynamics to coordinate their actions and obtain unprecedented results. Signals indicate that these investors, whom we can dub wireless investors, are currently expanding their actions to corporate governance. Wireless investors' generational characteristics suggest that they will use corporate governance to pursue social and environmental causes. In fact, wireless investors can set in motion asocial movement able to bring business corporations to serve their original partly-private-partly-public purpose. This …
July 2021 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
July 2021 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
Louisiana Bar Exams
No abstract provided.
Fairness And The Putative Spouse, Mark Strasser
Fairness And The Putative Spouse, Mark Strasser
Louisiana Law Review
The article explains the differences among the U.S. states with respect to their treatment of putative spouses, with topics that include sincerity of belief, presumptions of good faith, and how the non-putative spouse should be treated.
Legal Education In Argentina: A Plea For Comparative Law In A Multicultural Environment, Agustín Parise
Legal Education In Argentina: A Plea For Comparative Law In A Multicultural Environment, Agustín Parise
Louisiana Law Review
The article explores multiculturalism and comparative law within law schools in Argentina, and includes an overview of the legal education and the challenges that education faces in the country.
Let It All In? Expert Witness Qualification In Medical Malpractice Lawsuits, Benjamin M. Parks
Let It All In? Expert Witness Qualification In Medical Malpractice Lawsuits, Benjamin M. Parks
Louisiana Law Review
The article discusses expert witness qualification under Louisiana Revised Statutes Section 9:2794, and proposes that state legislature should revise statute to promote clarity and consistency for medical malpractice litigants.
Presumption Junction, What’S That Function: Louisiana Marriage And Parenthood Laws Post-Obergefell, Laura Tracy
Presumption Junction, What’S That Function: Louisiana Marriage And Parenthood Laws Post-Obergefell, Laura Tracy
Louisiana Law Review
The article proposes that the redrafting of article 185 of the Louisiana Civil Code would ensure that filiation laws are constitutionally sound under the Supreme Court's decision in Obergefell v. Hodges and guarantee that children of same-sex couples are given equitable standards under the law.
All Good Things Must Come To An End: The Launch, Life, And Loss Of A Mineral Servitude, Patrick S. Ottinger
All Good Things Must Come To An End: The Launch, Life, And Loss Of A Mineral Servitude, Patrick S. Ottinger
Louisiana Law Review
The article explores the various ways in which prescription accruing against a mineral servitude operates, and how extinguishment of the servitude might be avoided.
Proceed With Caution: Readjusting The Procedural Requirements For Prenuptial Agreements Post-Acurio V. Acurio, Emily Hickman
Proceed With Caution: Readjusting The Procedural Requirements For Prenuptial Agreements Post-Acurio V. Acurio, Emily Hickman
Louisiana Law Review
The article discusses the need to amend the procedural requirements for prenuptial agreements under the Louisiana Civil Code following the Supreme Court's decision in Acurio v. Acurio which held that acknowledgment of an act under private signature must take place before the marriage.
Portalis And Pound: A Debate On “Codification”, Alain A. Levasseur
Portalis And Pound: A Debate On “Codification”, Alain A. Levasseur
Louisiana Law Review
The article explores the views of jurist Jean-Etienne-Marie Portalis and legal scholar Roscoe Pound regarding the codification of law, and shows that Pound had accurately understood and appreciated the originality, inner wisdom, and drafting technique of the process of codification.
Moral Truth And Constitutional Conservatism, Gerard V. Bradley
Moral Truth And Constitutional Conservatism, Gerard V. Bradley
Louisiana Law Review
Conservative constitutionalism is committed to "originalism," that is, to interpreting the Constitution according to its original public understanding. This defining commitment of constitutional interpretation is sound. For decades, however, constitutional conservatives have diluted it with a methodology of restraint, a normative approach to the judicial task marked by an overriding aversion to critical moral reasoning. In any event, the methodology eclipsed originalism and the partnership with moral truth that originalism actually entails. Conservative constitutionalism is presently a mélange of mostly unsound arguments against the worst depredations of Casey's Mystery Passage. The reason for the methodological moral reticence is easy to …
The Underbelly Of The Criminal Justice System: A Critique And Proposed Reforms Of Parole Hearings In Louisiana, Brittany E. Williams
The Underbelly Of The Criminal Justice System: A Critique And Proposed Reforms Of Parole Hearings In Louisiana, Brittany E. Williams
Louisiana Law Review
The article recommends the amendment of laws governing parole hearings in Louisiana to align the procedure with the purpose of parole and to promote the state legislature's goal of focusing prison space on those who pose a serious threat to public safety.
Striving For Simplicity: Updates To Regulation S-K Items 101 And 105, John D. Frey
Striving For Simplicity: Updates To Regulation S-K Items 101 And 105, John D. Frey
Louisiana Law Review
The article discusses the amendments implemented by the U.S. Securities and Exchange Commission (SEC) to its Regulation S-K regulating the disclosure of non-financial statements for the benefits of both registrants and investors.
Ashes To Ashes—The Coronavirus, Ebola, And The Erosion Of Liberty And Property Interests In The Fight Against Communicable Diseases, Casey C. Dereus
Ashes To Ashes—The Coronavirus, Ebola, And The Erosion Of Liberty And Property Interests In The Fight Against Communicable Diseases, Casey C. Dereus
Louisiana Law Review
The article examines how national and state governments in the U.S. are exercising their authority to stop the spread of communicable diseases like COVID-19 and Ebola and their impacts on the rights of physical liberty and property rights of Americans.
Properly Limiting The Lost Chance Doctrine In Medical Malpractice Cases: A Practitioners’ Rejoinder, Michael C. Mims, Richard S. Crisler
Properly Limiting The Lost Chance Doctrine In Medical Malpractice Cases: A Practitioners’ Rejoinder, Michael C. Mims, Richard S. Crisler
Louisiana Law Review
The article discusses the basic fairness issues over the lost chance doctrine in medical malpractice lawsuits, and why the Louisiana Second Circuit Court of Appeal is wrong and the Louisiana Supreme Court is right in the case Burchfield v. Wright.
A Modern-Day Gold-Rush: Applying Property Principles To Data Using Mineral Rights Concepts And The Rule Of Capture, Andrew Crayden
A Modern-Day Gold-Rush: Applying Property Principles To Data Using Mineral Rights Concepts And The Rule Of Capture, Andrew Crayden
Louisiana Law Review
The article discusses how to apply the principles of mineral rights, particularly the rule of capture, and property framework in the development of data privacy regulations to protect against data breaches and other internet crimes.
Multijurisdictional Practice And Transactional Lawyers: Time For A Rule That Is Honored Rather Than Honored In Its Breach, James Geoffrey Durham, Michael H. Rubin
Multijurisdictional Practice And Transactional Lawyers: Time For A Rule That Is Honored Rather Than Honored In Its Breach, James Geoffrey Durham, Michael H. Rubin
Louisiana Law Review
Model Rule 5.5 of the American Bar Association’s Model Rules of Professional Conduct1 addresses two interrelated issues: the unauthorized practice of law, which applies to lawyers and nonlawyers alike, and multijurisdictional practice, which applies to lawyers who are licensed to practice in one state but whose work may involve or take them to states where they are not licensed.
Sexual Misconduct By Louisiana Lawyers, N. Gregory Smith
Sexual Misconduct By Louisiana Lawyers, N. Gregory Smith
Louisiana Law Review
The article discusses how the Louisiana Supreme Court is disciplining state lawyers due to sexual misconduct and the implementation of the American Bar Association's (ABA) Model Rules of Professional Conduct rule 1.8(j) to Louisiana lawyers.
Frederick Bernays Wiener: Master Of Advocacy, Jed S. Rakoff
Frederick Bernays Wiener: Master Of Advocacy, Jed S. Rakoff
Louisiana Law Review
No abstract provided.
Removing The Risk From Risk Allocation: Reforming Louisiana’Soilfield Anti-Indemnity Act, Katherine Fruge Corry
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.
Context Is Key, Limits Are Crucial: Understanding The Scope Of Implied Rights Of Action For Rescission Of Investment Contracts Under The Investment Company Act Of 1940, Luke St. Germain
Louisiana Law Review
The article discusses the scope of the implied rights of action covering the rescission of investment contracts under the Investment Company Act of 1940 (ICA) in the U.S. to prevent fraud and mismanagement.
The Impact Of Municipal Fiscal Crisis On Equitable Development, Christopher J. Tyson
The Impact Of Municipal Fiscal Crisis On Equitable Development, Christopher J. Tyson
Journal Articles
The article focuses on how redevelopment authorities and land banks (RALBs) are especially vulnerable to municipal fiscal distress given investment and coordination necessary to bring about meaningful, impactful equitable development require a level of resource deployment most local governments. It mentions powers of public finance authority, distressed property management, code enforcement and blight elimination. It also mentions resources necessary to do urban planning, community engagement.