-
Louisiana Law Review
- Publisher:
- Paul M. Hebert LSU Law Center
- Publication date:
- 2008-10-01
- ISBN:
- 0024-6859
Description:
Latest documents
- Binding Future Selves
Courts traditionally treat a person entering an agreement as the same person at the time of enforcement notwithstanding the passage of time or an intervening change of mind. For certain agreements between intimates, however, courts have adopted the novel view that the enforcement of a person’s earlier commitment would improperly constrain that person’s will rather than serve as an expression of it. These cases rest on the assumption that an intervening change has created meaningful—and legally significant—differences between the later self (at the time of enforcement) and the earlier self (at the time of commitment) and that the later self deserves protection from the earlier self’s choices. This “different selves” rationale has arisen primarily in the context of agreements pertaining t...
- Promoting 'Inclusive Communities': A Modified Approach to Disparate Impact Under the Fair Housing Act
- Confronting Confrontation in a FaceTime Generation: A Substantial Public Policy Standard to Determine the Constitutionality of Two-Way Live Video Testimony in Criminal Trials
- High-Stakes Word Search: Ensuring Fair and Effective IRS Centralization in Tax Exemption
- Same-Sex Marriages Are Not Created Equal: United States v. Windsor and Its Legal Aftermath in Louisiana
- Contract Law and the Hand Formula
Contract law is largely about negligence. Through the use of a “reason to know” or “reason to believe” standard in many of the black letter rules in the Restatement (Second) of Contracts, contract liability can often be traced to a party’s failure to exercise reasonable care. The Restatement, however, fails to adequately explain when a person has reason to know or reason to believe something. In other words, despite being largely about careless behavior, contract law fails to adequately explain the standard of care expected of parties. Importantly, though, the Restatement at least makes clear that a person might have reason to know or reason to believe something even when a reasonable person would believe the probability of the fact’s existence (or future existence) is less than 50%, as...
- The Strife of Riley: The Search-Incident Consequences of Making an Easy Case Simple
In Riley v. California, the U.S. Supreme Court held that the Fourth Amendment requires police officers to obtain a warrant before searching an arrestee’s cellular phone in a search incident to a lawful arrest. The lauded decision heralds the modernization of the Fourth Amendment to embrace privacy in the digital age. But Riley’s reasoning contains a flaw that only Justice Alito recognized. Evidence gathering—i.e., the need to look for evidence of the arrestee’s crime for use at trial—has long justified law enforcement’s authority to perform incident searches. Indeed, evidence-gathering searches incident to arrest were recognized as legitimate searches over a century before the adoption of the Fourth Amendment. The Riley Court ignored this pedigree, however. Despite the doctrine’s centur...
- Fear of an Undeterrable Other
America is presently fighting a war on terror and a war on sex offenders. In each, the government openly detains hundreds of individuals not for what they have done, but for what they might do. Some warn that this greatest restriction on liberty may expand to other types of people. This Article examines the risk of such expansion by putting our current wars in historical perspective. The two main conclusions are: (1) some categories of people detained in prior periods are not being detained today; and (2) the risk of expansion is real but lower than previously suggested
- 'A Stone of Hope': The Civil Rights Act of 1964 and Its Impact on the Economic Status of Black Americans
- The Long Road to Dignity: The Wrong of Segregation and What the Civil Rights Act of 1964 Had to Change
Featured documents
- Same-Sex Marriages Are Not Created Equal: United States v. Windsor and Its Legal Aftermath in Louisiana
- The Nature of the Form: Legal and Regulatory Issues Surrounding the Bitcoin Digital Currency System
- Arbitral Autonomy
This Article presents concrete proposals to amend the current arbitration law for minimizing court intervention into arbitration proceedings and enforcement of arbitral awards. As a method of dispute resolution, arbitration offers an alternative to litigation. Yet arbitration is frequently...
- Confronting Confrontation in a FaceTime Generation: A Substantial Public Policy Standard to Determine the Constitutionality of Two-Way Live Video Testimony in Criminal Trials
- From Jeopardy! to Jaundice: The Medical Liability Implications of Dr. Watson and Other Artificial Intelligence Systems
- Firing Blanks: Louisiana's New Right to Bear Arms
- High-Stakes Word Search: Ensuring Fair and Effective IRS Centralization in Tax Exemption
- The Uneasy Case for Deferring Banker Pay
- Until Debt Do Us Part: The Need for Revision of Article 2364 Reimbursement Claims for Student Loan Debts
- Your Digital Footprint Left Behind at Death: An Illustration of Technology Leaving the Law Behind