Louisiana Law Review - page 3
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The BP Spill and the Meaning of 'Gross Negligence or Willful Misconduct
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Merrill Lynch v. Dabit: The Case of the Scorned Broker and the Death of the State Securities Fraud Class Action Suit
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Is the United Nations Convention on the International Sale of Goods Achieving Uniformity?
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Victims in Life, Victims in Death - Keeping Burial Rights Out of the Hands of Slayers
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On the Principle of Legal Certainty in the Louisiana Civil Law Tradition: From the Manifesto to the Great Repealing Act and Beyond
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Closing the Floodgates: Defining a Class of Third-Party Plaintiffs for Title VII Retaliation Claims
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From Wedding Bells to Working Women: Unmasking the Sexism Resulting from 'Illicit Concubinage' in Louisiana's Jurisprudence
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A Problem in Need of Repair: Louisiana's Subsequent Remedial Measures Rule
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Revitalizing Louisiana's Lost Chance Doctrine: Burchfield v. Wright Sheds Light on the Need for Medical Expenses
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The Irony of Intent: Statutory Interpretation and the Constitutionality of Section 2 of the Voting Rights Act
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From Hoodies to Kneeling During the National Anthem: The Colin Kaepernick Effect and Its Implications for K-12 Sports
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Knowing When To Walk Away: An Analysis of Gambling Debts Under Louisiana Law in Light of Telerecovery of Louisiana, Inc. v. Major and Telerecovery of Louisiana, Inc. v. Gaulon
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Close, but no Cigar: Issues with Louisiana Revised Statutes § 9:2800.27 and the Collateral Source Rule
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When the Clouds Hung Oppressively Low in the Heavens: Unhealthy Cost-Cutting in France and in the U.S.
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And Not a Drop to Drink: Admiralty Law and the BP Well Blowout
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FOIA and Fighting Terror: The Elusive Nexus Between Public Access and Terrorist Attack
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Creating and Organizing CC 73
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Terrorism Finance, Business Associations, and the "Incorporation Transparency Act"
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The Lack of Money is the Root of All Evil: Louisiana's Ban on Bail Without Surety
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From Deepsouth to WesternGeco: The Patent Provision Heard Around the World
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Breaking the Seal of Confession: Examining the Constitutionality of the Clergy-Penitent Privilege in Mandatory Reporting Law
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Playing for Pay or Playing to Play: Student-Athletes as Employees Under the Fair Labor Standards Act
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No Act of God Necessary: Expanding Beyond Louisiana's Force Majeure Doctrine to Imprévision
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A New Natural Law Reading of the Constitution
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Report and Recommendation of the Louisiana State Law Institute to the House Civil Law and Procedure Committee of the Louisiana Legislature Relative to the Reinstatement of Fault as a Prerequisite to a Divorce
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The History of the Woman s Suffrage Movement in Louisiana
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From Baton Rouge to Baghdad: A Comparative Overview of the Iraqi Civil Code
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On the Borderlands of Chevron s Empire: An Essay on Title VII, Agency Procedures and Priorities, and the Power of Judicial ReviewAgency Procedures and Priorities, and the Power of Judicial Review
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For Thanassi
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Can Congress Make a President Step Up a War?
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Lawlessness Revealed: The Supreme Court's Man of Liberty Transcends Tort Law
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Demystifying Enrichment Without Cause
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Punitive Damages and the Constitution
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Stopping Short of Justice: Hamilton and Notice Requirements for the Redemption Period of Tax Sales
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Natural Law: Voegelin and The End of [Legal] Philosophy
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Ruminations on the Louisiana Law of Pledge
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Marry Me, Bill: Should Cohabitation Be the (Legal) Default Option?
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Digital Dilemma: Could the Digital Millennium Copyright Act Have Inadvertently Exempted Napster And Its Progeny From Liability?
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A Federal Tête-à-Tête? The Multiparty, Multiforum Trial Jurisdiction Act and Hurricane Katrina: Past, Present, and Future Considerations
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Please Hold Your Applause: How Clapper v. Amnesty International USA Deters Data Breach Litigants from Seeking a Judicial Remedy
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Punitive Damages and Class Actions
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Time for a New Plan: The LLC Is a Better Option for Estate Planning After Cannon v. Bertrand
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What Went Wrong on the World Wide Web: The Crossroads of Emerging Internet Technologies and Attorney Advertising in Louisiana
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Angel Investor Tax Credit v. CAPCO: More Bang for the Buck?
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The Intersection of Louisiana Succession Law and Mineral Code Article 190: Quantum Resources v. Pirate Lake Oil
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Trespassing Through Cyberspace: Should Wireless Piggybacking Constitute a Crime or Tort Under Louisiana Law?
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Eliminating Landlord Retaliation in England and Wales?Lessons from the United States
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Runaway Train-The Retaliation Scene After Burlington Northern v. White
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Maximizing Expectations: The IDEA, Louisiana, and the Assessment of Students with Disabilities
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Reforming Labor Law by Reforming Labor Law Preemption Doctrine to Allow the States to Make More Labor Relations Policy
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To Stop and Presume: Balancing a Per Se Right to Frisk Suspected Narcotics Traffickers on the Fourth Amendment Scales
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Grass Roots Immigration Reform
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Appealing Standards: Louisiana's Constitutional Provision Governing Appellate Review of Criminal Facts
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Unresolved Issues Regarding Passthrough Entities, Community Property, and Federal Tax Law Create Headaches for Spouses in Louisiana
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Considerations Concerning Harmless Error in Louisiana Criminal Cases
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Community Property in Bankruptcy: Laws of Unintended Consequences
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Employee E-mail Privacy Still Unemployed: What the United States Can Learn from the United Kingdom
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The European Union and Electronic Commerce
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Bowen v. Amoco: Contracting for Expanded Judicial Review under the Federal Arbitration Act
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Kennedy v. Sheriff of East Baton Rouge: A Hollow Victory for Louisiana Defamation Plaintiffs?
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Delegating Care, Evading Review: The Federal Tort Claims Act and Access to Medical Care in Federal Private Prisons
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Beyond the Civil Rights Act of 1964: Confronting Structural Racism in the Workplace
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Arbitration Clauses in Seafarers' Employment Contracts in the Fifth Circuit
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Vattel s Doctrine on Territory Transfers in International Law and the Cession of Louisiana to the United States of America
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Payday Lending in Louisiana, Mississippi, and Arkansas: Toward Effective Protections for Borrowers
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Bones of Contention: A Comparative Examination of Law Governing Human Remains from Archaeological Contexts in Formerly Colonial Countries
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Introduction
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The Legality of Extraterritorial Application of Competition Law and the Need to Adopt a Unified Approach
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The Plight of the Unpopular Poor: Sex Offender Registration and Notification Costs to Indigent Offenders in Louisiana
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Model Business Corporation Act as Adopted in Louisiana
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Disentangling DeVries: A Manufacturer's Duty to Warn against the Dangers of Third-Party Products
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A Wanted Opioid-Addiction Challenge: How Should Louisiana Allocate Proceeds from Opioid Litigation?
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Levasseur, Legal Linguist
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Reputation and the Rules: An Argument for a Balancing Approach under Rule 8.3 of the Model Rules of Professional Conduct
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Warranting Rightful Claims
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Risk Prediction for Common Diseases
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Sale or Collection of Assets Levied Upon
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Domestic Drone Surveillance: The Court's Epistemic Challenge and Wittgenstein's Actional Certainty
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Ambiguities in the Foreign Corrupt Practices Act: Unnecessary Costs of Fighting Corruption?
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Thanassi Yiannopoulos: Reminiscences of a Life Well Lived
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The Education Article of the Louisiana Constitution
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Bias, Batson, and "Backstrikes": Snyder v. Louisiana Through a Glass, Starkly
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Offer at Your Own Risk: Why Louisiana Employers Who Withdraw an Offer of Employment May Find Themselves Liable Under Civil Code Article 1967
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Introduction: Essays by Dean David F. Levi and Chancellor Jack M. Weiss
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Closing the Deal in the Bayou State: The Purchase and Sale of Producing Oil and Gas Properties
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Civil Rights in the Post 911 World: Critical Race Praxis, Coalition Building, and the War on Terrorism
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The French Connection and The Spanish Perception: Historical Debates and Contemporary Evaluation of French Influence on Louisiana Civil Law
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Child Visitation and Performance: The Evidence
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Iqbal 'Plausibility' in Pharmaceutical and Medical Device Litigation
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Current Challenges to the Federal Judiciary
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The Gay Man and His Civil Code
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Permission Granted: The Requirement of Consent Under the Louisiana Mineral Code
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Class Competition and American Health Care: Debating the State Children's Health Insurance Program
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Suire v. Lafayette City-Parish Consolidated Government and Detrimental Reliance: Transforming Lightning into a Lightning Bug
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New Labor Law Reform Variations on an Old Theme: Is the Employee Free Choice Act the Answer?
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Whose Motive Matters?: Discrimination in Multi-Actor Employment Decision Making
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Memorandum from Student-Athletes to Schools: My Social Media Posts Regarding My Coaches or My Causes Are Protected Speech?How the NLRB Is Restructuring Rights of Student-Athletes in Private Institutions
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Designing a Combined Reporting Regime for a State Corporate Income Tax: A Case Study of Louisiana
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The Power Politics of Juvenile Court Transfer: A Mildly Revisionist History of the 1990s
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Alexander v. Express Energy Operating Services, L.P.: The Fifth Circuit's Voyage Away from Reality and the Seamen Renounced in Its Wake
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Foreword: Punitive Damages Today and Tomorrow
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Error-Centricity, Habeas Corpus, and The Rule of Law as The Law of Rulings
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Why Don't You Take a Seat Away from that Computer?: Why Louisiana Revised Statute 14:91.5 Is Unconstitutional
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Discrimination and Dignity
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Stronger Than the Storm: Disaster Law in a Defiant Age
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The Normalization of Homeland Security After September 11: The Role of the Military in Counterterrorism Preparedness and Response
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Aliens Among Us: Factors to Determine Whether Corporations Should Face Prosecution in U.S. Courts for their Actions Overseas
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The Jaws That Bite, the Claws That Snatch
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Policing Charitable Organizations: Whose Responsibility Is It?
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A Trap for the Unwary: The Sixth Amendment Right to Counsel After Montejo v. Louisiana
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Cell Phone Location Tracking: Reforming the Standard to Reflect Modern Privacy Expectations
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The American Covenant Marriage in the Conflict of Laws
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Nailing Down Occurrence Triggers for Property Damage in the Wake of Redevelopment--Why a Distinction Should Be Made Between First and Third Party Policies
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Confronting the Bias Dichotomy in Jury Selection
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Too Strange to be Just Fiction: Legal Lessons from a Bioterrorist Simulation, the Case of TOPOFF 2
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The Pope's Copyright? Aligning Incentives with Reality by Using Creative Motivation to Shape Copyright Protection
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Faith on the Farm: An Analysis of Angola Prison?s Moral Rehabilitation Program Under the Establishment Clause
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Keep Calm and Teach Gaius
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Are We Allowing the Thing to Speak for Itself? Linnear v. CenterPoint Energy and Res Ipsa Loquitur in Louisiana
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The Missing Link: Jail and Prison Conditions in Criminal JusticeReform
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Tortious Tweets: A Practical Guide to Applying Traditional Defamation Law to Twibel Claims
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Minimizing Counterparty Bankruptcy Risk
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Bijuralism as an Assimilation Tool: Lord Durham s Assessment of the Louisiana Legal System
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Compensation for Nonpecuniary Loss: Revising Louisiana Civil Code Article 1998 to Reflect Litvinoff's Damage-Based Approach
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Summers v. Earth Island Institute: Overhauling the Injury-in-Fact Test for Standing to Sue
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Bijuralism A Supreme Court of Canada Justice s Perspective
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License, Registration, and State Funding, Please': Overhauling Louisiana's Traffic-Ticket Funding Scheme of Public Defenders
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Criminalizing Endangerment
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The Uneasy Case for Deferring Banker Pay
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Proposed Legislation for Safely Regulating the Increasing Number of Living Organ and Tissue Donations by Minors
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No Trifling Matter: Forms, Bulletins, and Administrative Rulemaking in Louisiana After Gingles v. Dardenne
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Why are Employment Discrimination Cases So Hard to Win?
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Reorienting Home Rule: Part 2?Remedying the Urban Disadvantage Through Federalism and Localism
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The Next Financial Hurricane? Rethinking Municipal Bankruptcy in Louisiana
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The Birth of a Real Right: An Overview and Analysis of the Recent Revision of Book III, Title X of the Civil Code
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Is Anyone Listening to Me?: Bartnicki v. Vopper
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Revolution and Evolution in Conflicts Law
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Conflicts Theory for Dummies: Après le Deluge, Where Are We on Producers Liability?
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Liability Issues in Pharmacogenomics
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Topics of Procedure in the Venezuelan 1998 Act on Private International Law
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At the Breaking Point: Adapting Louisiana Employment Noncompete Law to the Information Age
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A Rock, a Hard Place, and a Reasonable Suspicion: How the United States Supreme Court Stripped School Officials of the Authority to Keep Students Safe
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Boudreaux v. Cummings: Time to Interrupt an Erroneous Approach to Acquisitive Prescription
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Slaying the Trojan Horse: Arabie v. CITGO and Punitive Damages Under Louisiana's Conflict-of-Laws Provisions
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Foreword: Is Civil Rights Law Dead?
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The Principle of Juridical Certainty and the Discontinuity of Law
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Retroactivity of Laws: An Illustration of Intertemporal Conflicts Law Issues through the Revised Civil Code Articles on Disinherison
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The Struggle for Civil Rights: The Need for, and Impediments to, Political Coalitions Among and Within Minority Groups
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Cyberbullying: Louisiana's Solution to Confronting the Latest Strain of Juvenile Aggression
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A Warranty Expired: Time to Rid Louisiana of Fitness for Ordinary Use
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What Kind of Law Making in a Global World? The Case of Africa
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Slicing & Dicing of Individual Disparate Treatment Law
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The Existing Indian Family Exception to the Indian Child Welfare Act: The States' Attempt to Slaughter Tribal Interests in Indian Children
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Authority and Contemporary International Arbitration
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Catch You on the Flip Side: A Comparative Analysis of the Default Rules on Withdrawal from a Louisiana Limited Liability Company
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From Ballots to Bullets: District of Columbia v. Heller and the New Civil Rights
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A "Primer"
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Workplace Blogs and Workers' Privacy
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Bond for Deed in Louisiana: 99 Problems but Being a Sale Ain't One
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FDA Policy on Pharmacogenomic Data in Drug Development
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Limits on Borrowing and Donations in the Louisiana Constitution of 1975
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Defendant Indeterminacy: New Wine into Old Skins
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Reworking Louisiana's Private Works Act
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Privacy for the Working Class: Public Work and Private Lives
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Fracking in Louisiana: The Missing Process/Land Use Distinction in State Preemption and Opportunities for Local Participation
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The Private International Law Rules of the New Special Administrative Region of Macau of the People s Republic of China
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Mixed Jurisdictions: A Model for the XXIst Century?
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All in the Family: Examining Louisiana's Faulty Birth Order-Based Discrimination
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A Causerie on Selecting Law Deans in an Age of Entrepreneurial Deaning
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States' Rights to Protect Gun-Owning Patients from Politicized Physician Speech
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'A Stone of Hope': The Civil Rights Act of 1964 and Its Impact on the Economic Status of Black Americans
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The Louisiana DOMA as an Improper Impediment to the Evolution of Public Policy Toward Cohabitants
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The Biased Expert Witness in Louisiana Tort Law: Existing Mechanisms of Control and Proposals for Change
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From Judge to Dean: Reflections on the Bench and the Academy
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Beyond Misrepresentations: Defining Primary and Secondary Liability Under Subsections (a) and (c) of Rule 10b-5
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Be Quick-but Don't Hurry: Competing Purposes of the Federal Arbitration Act and Hall Street Associates v. Mattel
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A Catalyst in the Cotton: The Proper Allocation of the Goodwill of Closely Held Businesses and Professional Practices in Dissolution of Marriages
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The Big Man in the Big House: Prisoner Free Exercise in Light of Employment Division v. Smith
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Faith in Title VII: It's a Matter of Belief
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Don t Fence Me In: Louisiana s Fourth Circuit Expands
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Achieving the Proper Remedy for a Dissenting Shareholder in Todays Economy: Yuspeh v. Koch
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When Is the Use of Foreign Law Possible? A Hard Case: The Protection of Privacy in Europe and the United States
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Legislatively Capping an Energy Lawsuit: Problems Posed by Stripping a Pending Suit Against Ninety-Seven Oil and Gas Companies
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State v. Louisiana Land & Exploration Co.: Louisiana Revised Statutes Section 30:29 and Its Effect on the Amount of Remediation Damages Available to Plaintiffs
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Jones v. Robbins: The Rhyme and Reason of Duty-Risk
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The Best Defense is No Offense: Reforming Louisiana's Security for Court Costs Statute
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Dedication of Louisiana Law Review, Volume 62, Issue 1, to Professor Lee Hargrave
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Twenty Years After Bowen v. Massachusetts- Damages or Restitution: When Does It Still Matter? When Should It?
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Sea-Level Rise and Its Impact on Vulnerable States: Four Examples
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A Methodological Critique of The Louisiana Supreme Court in Question: An Empirical and Statistical Study of the Effects of Campaign Money on the Judicial Function
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Tale of the Monkey Trials: Chapter Three
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Of Envelopes and Legends: Reflections on Tort Law
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Apparently Not: The Status of Apparent Authority after Holloway v. Shelter Mutual Insurance
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Challenges in Law Making in Mass Societies
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A 'Modern Family' Issue: Recategorizing Embryos in the 21st Century
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Death in the City: Gorman's Flawed Application of the Direct Action Statute to Insured Political Subdivisions
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Rideau v. Whitley: Lack of Evidence or Lack of Understanding?
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Smokin' Hot: Ethical Issues for Lawyers Advising Business Clients in States with Legalized Medical or Recreational Marijuana
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A Global Concept of Justice Dream or Nightmare? Looking at Different Concepts of Justice or Righteousness Competing in Today s World
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The Sharing Revolution: Changing Times Call for Clarifying Tort Liability