Louisiana Law Review

I. Introduction . II. Identifying the Framework . III. Background . A. The Demise of in Loco Parentis and the Rise of Students' Rights on the Public University Campus. B. The First Amendment on Campus. C. The Problem of Hate Speech on Campus . D. The Post 9/11/01 University; the War on Terrorism. E. The Litigious Climate. F. The Public University and its Relationship with Students. IV. Analysis . V. Conclusion .

Why the Rule of Law?

I. Introduction . II. Argument . A. Decisions Made by the Flip of a Coin. B. To Maintain Continuity or Break with the Past. C. Commitments as a Member of a Group. D. The Public Meanings of Legal Decisions. III. Conclusion .

Lawlessness Revealed: The Supreme Court's Man of Liberty Transcends Tort Law

I. Liberty an Intrinsic Good . II. Lawlessness Revealed . III. Balancing Liberty and Care . IV. Care Authorizing Liberty .

Rediscovering Subjectivity in Contracts: Adhesion and Unconscionability

Illustration One. I. A Brief Overview of Objectivity and Subjectivity . Illustration Two. Illustration Three. II. The Need for Subjectivity to Limit Objectivity in Formation . Illustration Four. III. Adhesion: a Sign that Objectivity has not Fully Digested the Subjectivity Meal . Illustration Five. Illustration Six. IV. Unconscionability as a Possible Emetic After the Overindulgence . V. Unconscionability as Administered by the Courts . VI. Application:Armendariz and Carnival Cruise Lines. I...

Comments

The Constitutional Infringement Zone. Protest Pens and Demonstration Zones at the 2004 National Political Conventions

Introduction . I. Legal and Historical Background . II. Facts and Conclusions of Law in the 2004 Convention Cases . A.Coalition to Protest the Democratic National Convention v. City of Boston. B. Stauber v. City of New York. III. Analysis: Problems Applying the Rock Against Racism Test . A. Content Neutrality. B. Significant Government Interest and Convention Security Concerns. 1. Boston: Triumph of Fear Over Freedom. 2. Stauber: A Rational Approach. C. Narrowly Tailored: A Standard i...

Garnishing the Congressional Intent: Protecting Debtor Wages in Bank Accounts Under the Federal and Louisiana Wage Garnishment Exemption Statutes

Introduction . I. The Federal Statute: Restriction on the Garnishment of Wages . A. Federal Statute Background. B. The Federal Jurisprudence. 1.Dunlop v. First National Bank of Arizona . 2. Melby v. Anderson . C. Interpreting the Federal Statute in a Different Light. D. Suggestions to Congress. II. The Louisiana Statute: Exemptions from the Garnishment of Wages . A. Case Analysis from Other States . 1. Miller v. Monrean . 2.Midamerica Savings Bank v. Miehe . B. The Louisiana Statute. 1. Com...

The Status of Bystander Damage Claims in Louisiana: A Less-Than-Perfect Fit in the Tort Puzzle

I. Introduction . II. Bystander Damage Claims: 135 Years in Waiting . III. The Independent Duty Owed to the Bystander . A. The Bystander as a Derivative Victim: An Erroneous Assumption. B. The Distinguishing Features of Bystander Damage Claims . C. The Bystander Claim: A Tort in a Class all its Own . III. A Bystander's Place in the Insurance Scheme . A. A Passenger Standing By. B. The Bystander: Another Person Entitled to Reasonable Care . C. The Bystander's Exclusion from Workers' Compensa...

Notes

Apparently Not: The Status of Apparent Authority after Holloway v. Shelter Mutual Insurance

I. Introduction. II. The Development of Apparent Authority in Louisiana. A. Apparent Authority Before January 1, 1998. B. La. Acts 1997, No. 261: Revision of the Articles On Mandate. C. Post-Revision Jurisprudence . III. Holloway, in its Many Forms. A. Facts and Procedure . B. Line Upon Line: The Third Circuit Opinion. C. Article 2993: The Right Result for the Right Reason. IV. A Case for Clarity . V. Conclusion .