Louisiana Law Review - page 3
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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 Louisiana DOMA as an Improper Impediment to the Evolution of Public Policy Toward Cohabitants
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The Medical Malpractice Cure: Stitching Together the Coleman Factors
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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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Confronting Confrontation in a FaceTime Generation: A Substantial Public Policy Standard to Determine the Constitutionality of Two-Way Live Video Testimony in Criminal Trials
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No Act of God Necessary: Expanding Beyond Louisiana's Force Majeure Doctrine to Imprévision
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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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From Deepsouth to WesternGeco: The Patent Provision Heard Around the World
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Commercialization Considerations for Individualized Diagnostic and Drug Therapies Resulting from Pharmacogenomics
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Angel Investor Tax Credit v. CAPCO: More Bang for the Buck?
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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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'To This Tribunal the Freedman Has Turned': The Freedmen's Bureau's Judicial Powers and the Origins of the Fourteenth Amendment
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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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Bowen v. Amoco: Contracting for Expanded Judicial Review under the Federal Arbitration Act
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Criminalizing Endangerment-A Comment
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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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Hall v. Nalco Co.: Redefining Female Infertility
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Save Ourselves: The Environmental Case That Changed Louisiana
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Protecting a Defendant's Right to Appeal Adverse Judgments Under Louisiana Code of Civil Procedure Article 966(G)
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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 Surprising Views of Montesquieu and Tocqueville about Juries: Juries Empower Judges
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Disentangling DeVries: A Manufacturer's Duty to Warn against the Dangers of Third-Party Products
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Saving Private Development: Rescuing Louisiana from Its Reaction to Kelo
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Conciliation of Laws in the NAFTA Countries
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Risk Prediction for Common Diseases
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Sale or Collection of Assets Levied Upon
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Precarious Possession
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Error-Centricity, Habeas Corpus, and The Rule of Law as The Law of Rulings
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Privacy Issues Affecting Employers, Employees, and Labor Organizations
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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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Aliens Among Us: Factors to Determine Whether Corporations Should Face Prosecution in U.S. Courts for their Actions Overseas
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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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A Budgetary Life Raft: An Analysis of Louisiana's State and Local Sales Tax
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The American Covenant Marriage in the Conflict of Laws
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Missed Opportunity: Waiver, Race, Data and Policy Reform
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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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From Judge to Dean: Reflections on the Bench and the Academy
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The Right to Redemption: Juvenile Dispositions and Sentences
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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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Covert Capture: Hydraulic Fracturing and Subsurface Trespass in Louisiana
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Bias, Batson, and "Backstrikes": Snyder v. Louisiana Through a Glass, Starkly
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Domestic Drone Surveillance: The Court's Epistemic Challenge and Wittgenstein's Actional Certainty
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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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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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A Vote Against State Nonresident Contribution Limits
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The Pope's Copyright? Aligning Incentives with Reality by Using Creative Motivation to Shape Copyright Protection
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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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Policing Charitable Organizations: Whose Responsibility Is It?
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The Jaws That Bite, the Claws That Snatch
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Stopping Short of Justice: Hamilton and Notice Requirements for the Redemption Period of Tax Sales
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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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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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Inconsistency with the Internal Consistency Test
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What Kind of Law Making in a Global World? The Case of Africa
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Case Time and Cost Management for Plaintiffs in Multidistrict Litigation
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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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Hey! That's My LLC!: The Importance of Looking to Facts, Not Initial Reports, to Resolve Membership Disputes in Louisiana Member-Managed LLCs
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Life Away From Work
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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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The Nature of the Form: Legal and Regulatory Issues Surrounding the Bitcoin Digital Currency System
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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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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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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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The Perils of Primacy: Successor Liability for Lenders Turned Declarants in Louisiana Common Interest Communities
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The Pro Se Dilemma: Can Too Many Rights Make a Wrong?
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The Louisiana Legislatures Attempt to Reduce Auto Insurance Rates with No Pay, No Play: The Answer, A Step in the Right Direction, or Completely Useless?
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Having Your Cake and Eating It, Too: Using Special Masters in Daubert Hearings to Promote Scientific Analyses of Expert Testimony
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A Wolf in Sheep's Clothing: Dressing-Up Substantive Legislation to Trigger the Interpretive Exception to Retroactivity Violates Constitutional Principles
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A Common Lawyer's Perspective on the European Perspective on Punitive Damages
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The Biased Expert Witness in Louisiana Tort Law: Existing Mechanisms of Control and Proposals for Change
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Challenges Facing State Constitutions in the Twenty- First Century
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A "Primer"
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Slicing & Dicing of Individual Disparate Treatment Law
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The Legal Definition of Parenthood: Uncertainty at the Core of Family Identity
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FDA Policy on Pharmacogenomic Data in Drug Development
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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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Privacy for the Working Class: Public Work and Private Lives
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Defining 'Customer': A Survey of Who Can Demand FINRA Arbitration
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A Closer Look at Iraqi Property and Tort Law
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From Ballots to Bullets: District of Columbia v. Heller and the New Civil Rights
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Population Participation and Other Factors that Impact the Compilation and the Utility of Resulting Databases
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Incomplete Law
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Slavery Under the Thirteenth Amendment: Race and the Law of Crime and Punishment in the Post-Civil War South
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Is the United Nations Convention on the International Sale of Goods Achieving Uniformity?
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Abuse of Right in Quebec: Some 40 Years Later
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Sackett v. EPA: Does It Signal the End of Coercive CERCLA Enforcement?
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Hedge Funds: Their Advisers Do Not Have to Register with the SEC, but More Information and Other Alternatives are Recommended
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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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Smokin' Hot: Ethical Issues for Lawyers Advising Business Clients in States with Legalized Medical or Recreational Marijuana
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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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Comparative Jury Procedures: What a Small Island Nation Teaches the United States About Jury Reform
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Your Digital Footprint Left Behind at Death: An Illustration of Technology Leaving the Law Behind
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Fear of an Undeterrable Other
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Rideau v. Whitley: Lack of Evidence or Lack of Understanding?
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Development of a New Legal System in the People s Republic of China
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Dissociation of a Member from a Louisiana Limited Liability Company: The Need for Reform
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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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District of Columbia v. Heller: The Second Amendment Shoots One Down
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Unveiling Management's Crystal Ball
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Dura Pharmaceuticals, Inc. v. Broudo: Not Really a Loss Causation Case
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A Court's Guide on How to Gut Precedent by Relying on it: Halliburton IPs Puzzling Effect on Securities-Fraud Class Actions
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Silencing Chicken Little: Options for School Districts After Parents Involved
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A 'Modern Family' Issue: Recategorizing Embryos in the 21st Century
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Le Deuxième Grand Dérangement: Expelling Louisiana's Taking of Private Property Through Article 450
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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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Policy, Principle, or Values: An Exploration of Judicial Decision-Making
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Engaging Students in Systemic Change: The Role of Louisiana Law School Clinics in the State's Criminal Justice Reform Movement
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Why the Rule of Law?
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Capitant Lecture
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Does Parental Autonomy Require Equal Custody at Divorce
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You Sell Molly, I'll Sell Holly: Prosecuting Sex Trafficking in the United States
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The Louisiana Hydrocarbon Processing Tax
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Non-Parent Visitation in Louisiana: A Post-Troxel View of Article 136
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The Sharing Revolution: Changing Times Call for Clarifying Tort Liability
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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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Judicial Power and the Administrative State
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Second Place Isn't Good Enough: Achieving True Reform Through Expanded Parole Eligibility
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Criminalization of Cyberbullying: The Constitutionality of Creating an Online Neverland for Children Under a Tinker-Bell Analysis
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Arbitral Autonomy
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Louisiana Future Advance Mortgages: A 20-Year Retrospective
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Secured Interests in Louisiana Crops: The 2010 Legislative Revision
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The Louisiana Legislature s Response to SWAT 24 Shreveport Bossier, Inc. v. Bond: The Noncompete Pendulum Swings Toward Debt Peonage. Will the Judiciary s Answer Achieve the Fragile Employer-Employee Balance?
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Kyllo v. United States: Something Old, Nothing New; Mostly Borrowed, What To Do?
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Real Rights of Noncompetition: Louisiana Public Policy and the Civil Tradition
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Riding the Fence on Collective Scienter: Allowing Plaintiffs to Clear the PSLRA Pleading Hurdle
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Courts Flailing in the Waters of the Louisiana Conflicts Code: Not Waving but Drowning
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Enhancing 'Education': Rebalancing the Relationship Between Athletics and the University
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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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Delegating Care, Evading Review: The Federal Tort Claims Act and Access to Medical Care in Federal Private Prisons
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Firing Blanks: Louisiana's New Right to Bear Arms
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The State Of State Constitutions
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Money in the Bank and Boots on the Ground: A Law-Policy Proposal to Make the Affordable Care Act Work in Louisiana
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Reflections on Justice Thurgood Marshall and Shelby County v. Holder
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Contract Law and the Hand Formula
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Eliminating Landlord Retaliation in England and Wales?Lessons from the United States
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Kennedy v. Sheriff of East Baton Rouge: A Hollow Victory for Louisiana Defamation Plaintiffs?
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Businesspersons, Governments, and International Law
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100 Years of LSU Law, 1906-2006: A Centennial Gloss
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The Pedagogical Code
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New Wine in an Old Chalice: The Ministerial Exception's Humble Roots
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Missed Opportunities: Louisiana s Version of the Rules of Professional Conduct
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In Memoriam: Professor A.N. Yiannopoulos
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Civil Rights and the
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An Inherent Contradiction: Corporate Discretion in Morals Clause Enforcement
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The State of Mental Health Care in Post-Katrina New Orleans
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A Common Law Intrusion into the Civil Law: Carriere v. Bank of Louisiana
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Forty Years Later: Chronicling the Voting Rights Act of 1965 and its Impact on Louisiana's Judiciary
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Warranting Rightful Claims
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Model Business Corporation Act as Adopted in Louisiana
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Essay: Shakespeare s Contribution to the Teaching of Comparative Law-Some Reflections on The Merchant of Venice
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Better Safe than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against the Double-Sided Coin of Voter Disenfranchisement
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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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Levasseur, Legal Linguist
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A Wanted Opioid-Addiction Challenge: How Should Louisiana Allocate Proceeds from Opioid Litigation?
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The Louisiana 'Explanatory Exception': Faithfulness to Louisiana?s Hearsay Framework or Mere Storytime with the Prosecution?
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The Louisiana Judicial System and the Fusion of Cultures
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Conflicts Theory for Dummies: Après le Deluge, Where Are We on Producers Liability?
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The Next Financial Hurricane? Rethinking Municipal Bankruptcy in Louisiana
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Beyond Misrepresentations: Defining Primary and Secondary Liability Under Subsections (a) and (c) of Rule 10b-5
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License, Registration, and State Funding, Please': Overhauling Louisiana's Traffic-Ticket Funding Scheme of Public Defenders
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Fear of a Paper Tiger: Enforcing Louisiana s Procedural and Statutory Rules in the Wake of Harmless Error Analysis
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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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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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Why are Employment Discrimination Cases So Hard to Win?
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Loosening the Wrapper on the Sandwich Generation: Private Compensation for Family Caregivers
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Criminalizing Endangerment
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Admissibility of Expert Testimony at Summary Judgment in Louisiana: Examining the Embers of Independent Fire Insurance Co. v. Sunbeam Corp.
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Class Action Settlements in Louisiana
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A Testament to Inefficacy: Louisiana s New Legislation Allowing for the Admissibility of Videotape Evidence in the Probate Process
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The Troxel Aftermath: A Proposed Solution for State Courts and Legislatures
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Picking up the Pieces: Finding Unity after the Communications Decency Act Section 230 Jurisprudential Clash
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François Gény s libre recherche scientifique as a Guide for Legal Translation
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Taking Genomics to the BioBank: Access to Human Biological Samples and Medical Information
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Successions & Donations
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The Partisan Ranger Act: The Confederacy and the Laws of War
