Volume 68
2007 - 2008
Issue 1, Fall 2007
Articles
Government as Liberty's Servant: The "Reasonable Time, Place & Manner" Standard of Review for All Government Restrictions on Liberty Interests
Michael Anthony Lawrence
Hudson and Samson: The Roberts Court Confronts Privacy, Dignity, and the Fourth Amendment
John D. Castiglione
Behavioral Science and Consumer Standard Form Contracts
Shmuel I. Becher
Comments
Reimbursement for Satisfaction of Community Obligations With Separate Property: Getting What's Yours
Kimberly D. Higginbotham
So You Married a Mismanager: The Inadequacy of Louisiana Civil Code Article 2354
Kelly Kromer Boudreaux
Stopping Short of Justice: Notice and the Right to Redeem in Tax Sales of Immovable Property
Jessica Gladney
Note
Kennedy v. Sheriff of East Baton Rouge: A Hollow Victory for Louisiana Defamation Plaintiffs
Louis Edward Layrisson, III
Issue 2, Winter 2008
Articles
Finding Silver Linings
Sean Reilly
Two Years and Counting: Land Use and Louisiana's Post-Katrina Recovery
John J. Costonis
Hurricane Insurance Litigation: More Than Wind Versus Water
Virginia Y. Trainor
A Whole New Ballgame: Coastal Restoration, Storm Protection, and the Legal Landscape After Katrina
Mark Davis
After Katrina: A Critical Look at FEMA's Failure to Provide Hosuing for Victims of Natural Disasters
John K. Pierre
Gail S. Stephenson
Comments
Revisiting Contra Non Valentem in Light of Hurricanes Katrina and Rita
Benjamin West Janke
Dusting Off the Code: Using History to Find Equity in Louisiana Contract Law
Charles Tabor
Nailing Down Occurrence Triggers for Property Damage in the Wake of Redevelopment - Why a Distinction Should Be Made Between First and Third Party Policies
David T. Grand, Jr.
Saving Private Development: Rescuing Louisiana from Its Reaction to Kelo
Jennie Jackson Miller
A Federal Tête-à-Tête? The Multiparty, Multiforum Trial Jurisdiction Act and Hurricane Katrina: Past, Present, and Future Considerations
Joshua A. Decuir
Volume 67
2006 - 2007
Issue 1, Fall 2006
Articles
Religion in the New Republic
Richard Albert
Hedge Funds: Their Advisers Do Not Have to Register with the SEC, but More Information and Other Alternatives are Recommended
Sue Ann Mota
Matromonial Regimes: Recent Developments
Kenneth Rigby
Comments
The Kelo Effect: Eminent Domain and Property Rights in Louisiana
Scott P. Ledet
A Problem in Need of Repair: Louisiana's Subsequent Remedial Measures Rule
Erin G. Lutkewitte
Notes
Merrill-Lynch v. Dabit: The Case of the Scorned Broker and the Death of the State Securities Fraud Class Action Suit
Melanie P. Goolsby
Dura Pharmaceuticals, Inc. v. Broudo: Not Really a Loss Causation Case
Jacob M. Kantrow
Issue 2, Winter 2007
Introduction
100 Years of LSU Law, 1906-2006: A Centennial Gloss
Paul R. Baier
Articles
Who's Your Momma, Who Are Your Daddies? Louisiana's New Law of Filiation
Katherine Shaw Spaht
Glossae on the New Law of Filiation
J.-R. Trahan
"Opening the Barbarians' Gate" or Watching the Barbarians from the Coliseum: A Requiem on the Nomos of the Louisiana Civil Law
Marc L. Roark
The Supreme Court, Justinian, and Antonin Scalia: Twenty Years in Retrospect
Paul R. Baier
Comments
The Legal Fiction of "Clear Text" in Willis-Knighton v. Caddo-Shreveport Sales and Use Tax Commission
Katie Drell Grissel
Opening the Can of Worms and Putting Them Back in: An Analysis of New Louisiana Civil Code Article 2695
Brad R. Resweber
A Wolf in Sheep's Clothing: Dressing-Up Substantive Legislation to Trigger the Interpretive Exception to Retroactivity Violates Constitutional Principles
Rebecca Barrett Hall
Presumption Junction: Honey, You Weren't Part of the Function--A Louisiana Mother's New Right to Contest Her Husband's Paternity
Lucie R. Kantrow
Angel Investor Tax Credit v. CAPCO: More Bang for the Buck?
Rachel Jenny
Issue 3, Spring 2007
Articles
Aesthetics of Commercial Law--Domestic and International Implications
Heather Hughes
Crazy Eyes: The Discernment of Competence by a Federal Magistrate Judge
Jeffrey Manske
Mark Osler
Defendant Indeterminacy: New Wine into Old SKins
M. Stuart Madden & Jamie Holian
Law, Cognition, and Identity
Eric J. Mitnick
Comments
A Testament to Inefficacy: Louisiana's New Legislation Allowing for the Admissibility of Videotape Evidence in the Probate Process
Alison V. Nunez
Defining "Primary Defendants" in the Class Action Fairness Act of 2005
Amanda Coney
Beyond Misrepresentations: Defining Primary and Secondary Liability Under Subsections (a) and (c) of Rule 10b-5
Kimberly Brame
Employee E-mail Privacy Still Unemployed: What the United States Can Learn from the United Kingdom
Ray Lewis
Suire v. Lafayette City-Parish Consolidated Government and Detrimental Reliance: Transforming Lightning into a Lightning Bug
Stuart T. Welch
Issue 4, Symposium: Law Making in a Global World, Summer 2007
Articles
Opening Remarks
Olivier Moréteau
A Global Concept of Justice--Dream or Nightmare? Looking at Different Concepts of Justice or Righteousness Competing in Today's World
Stathis Banakas
What Kind of Law Making in a Global World? The Case of Africa
Jacques Vanderlinden
When is the Use of Foreign Law Possible? A Hard Case: The Protection of Privacy in Europe and the United States
James Gordley
Challenges in Law Making in Mass Societies
Jeffrey C. Hazard, Jr.
Unitary Law Re-form, Pluralistic Law Re-Substance: Illuminating Legal Change
Roderick A. Macdonald
Development of a New Legal System in the People's Republic of China
Volker Behr
Law Making in the European Union: On Globalization and COntract Law in Divergent Legal Culture
Jan M. Smits
Mixed Legal Systems . . . and the Myth of Pure Laws
Vernon Valentine Palmer
Closing Remarks
Saùl Litvinoff
Post Scriptum to Law Making in a Global World: From Human Right to a Law of Mankind
Olivier Moréteau
Volume 66
2005 - 2006
Issue 1, Fall 2005
Articles
Zoned Out! Examining Campus Free Speech Zones
Carol L. Zeiner
Why the Rule of Law?
Richard K. Greenstein
Lawlessness Revealed: The Supreme Court's Man of Liberty Transcends Tort Law
Nelson P. Miller
Rediscovering Subjectivity in Contracts: Adhesion and Unconscionability
Richard L. Barnes
Comments
"The Constitutional Infringment Zone": Protest Pens and Demonstration Zones at the 2004 National Political Conventions
Susan Rachel Nanes
Garnishing the Congressional Intent: Protecting Debtor Wages in Bank Accounts Under the Federal and Louisiana Wage Garnishment Exemption Statutes
G. Wogan Bernard
The Status of Bystander Damage Claims in Louisiana: A Less-Than-Perfect Fit in the Tort Puzzle
Jessica Coco
Notes
Apparently Not: The Status of Apparent Authority after Holloway v. Shelter Mutual Insurance
Bendel Lee Carr, Jr.
Special Issue, Symposium: The Genomics Revolution? Science, Law and Policy, December 2005
Articles
Introduction
Michael J. Malinowski
Bartha Maria Knoppers
Claude Bouchard
Overview of Law and Policy Changes
J. Michael McGinnis
Risk Prediction for Common Diseases
Paula W. Yoon
Intellectual Property/Ownership Issues
Robert Wells
Population Participation and Other Factors that Impact the Compilation and the Utility of Resulting Databases
Henry T. Greely
FDA Policy on Pharmacogenomic Data in Drug Development
Janet Woodcock
Commercialization Considerations for Individulaized Diagnostic and Drug Therapies Resulting from Pharmacogenomics
Jeffrey L. Moe
Liability Issues in Pharmacogenomics
Mark A. Rothstein
Implications for Existing Law/Regulations
Ellen Wright Clayton
Race, Genetic Variation, and the Haplotype Mapping Project
Pilar N. Ossorio
Issue 2, Winter 2006
Articles
Good Intentions Gone Bad: The Special No-Deference Erie Rule for Louisiana State Court Decisions
John Burritt McArthur
Dissociation of a Member from a Louisiana Limited Liability Company: The Need for Reform
Susan Kalinka
Forty Years Later: Chronicling the Voting Rights Act of 1965 and its Impact on Louisiana's Judiciary
Jonathan C. Augustine
Hon. Ulysses Gene Thibodeaux
Slave Labor in Nuremberg's I.G. Farben Case: The Lonely Voice of Paul M. Hebert
Alberto L. Zuppi
Comments
Limited Liability for General Partnerships: Another Louisiana Anomaly?
Magan Causey
The Louisiana Legislature's Attempt to Reduce Auto Insurance Rates with No Pay, No Play: The Answer, A Step in the Right Direction, or Completely Useless?
Rachel Jenny
Recognizing Error and Fraud in the COntract of Marriage in Louisiana
Emily Latham
Who's Your Daddy?: A Legitimate Question Given Louisiana's Lack of Legislation Governing Assisted Reproductive Technology
Sandi Varnado
Issue 3, Spring 2006
Articles
Current Challenges to the Federal Judiciary
Carolyn Dineen King
A Matter of Life and Death--Why the ADA Permits Mandatory Periodic Medical Examinations of "Remote-Location" Employees
Jarod S. Gonzales
The "Existing Indian Family" Exception to the Indian Child Welfare Act: The States' Attempt to Slaughter Tribal Interests in Indian Children
Cheyañna L. Jaffke
Child Visitation and Performance: The Evidence
William S. Comanor
Comments
Developing Biobanking Policy with an Oliver Twist: Addressing the Needs of Orphan and Neglected Diseases
Brian Su
Reformation of 527 Organizations: Closing the Soft Money Loophole Created by the Bipartisan Campaign Reform Act of 2002
Brandi Cherie Sablatura
Tax Increment Financing: Louisiana Goes Fishing for New Business
John Grand
Note
When Administrative Law Judges Rule the World: Wooley v. State Farm--Does a Denial of Agency-Initiated Judicial Review of ALJ Final Orders Violate the Constitutional Doctrine of Separation of Powers?
April Rolen-Ogden
Issue 4, Symposium: Examining Privacy in the Workplace, Summer 2006
Articles
Foreword: What We Talk About When We Talk About Workplace Privacy
Anita Bernstein
Life Away From Work
Matthew W. Finkin
Consenting Employees: Workplace Privacy and the Role of Consent
Steven L. Willborn
Collective and Individual Approaches to Protecting Employee Privacy: The Experience with Workplace Drug Testing
Pauline T. Kim
Privacy for the Working Class: Public Work and Private Lives
Michael Selmi
Privacy Issues Affecting Employers, Employees, and Labor Organizations
Charles B. Craver
Workplace Blogs and Workers' Privacy
Rafael Gely
Leonard Bierman
Privacy, Power, and Humiliation at Work: Re-Examining Appearance Regulation as an Invasion of Privacy
Catherine L. Fisk
Volume 65
2004 - 2005
Issue 1, Fall 2004
Articles
Fifty Conflict of Laws "Restatements": Merging Judicial Discretion and Legislative Endorsement
Shirley A. Wiegand
The Varying Parameters of Obstruction of Justice in American Criminal Law
John F. Decker
From Baton Rouge to Baghdad: A Comparative Overview of the Iraqi Civil Code
Dan E. Stigall
Unsettling Efficiency: When Non-Class Aggregation of Mass Torts Creates Second-Class Settlements
L. Elizabeth Chamblee
The Future of Legal Science in Civil Law Systems
Horacio Spector
Comments
Carbello v. Iowa Production and the Implications of Restoration Damages in Louisiana: Drilling Holes in Deep Pockets for Thirty-Three Million Dollars
Mary Beth Balhoff
Civil Rights and the "Twinkie" Tax: The 900-Pound Gorilla in the War on Obesity
Sayward Byrd
Root, Root, Root for the Home Team: Is the FANS Act of 2001 Really Good for Baseball Fans?
Jean-Paul A. Escudier
A Reason to Discriminate: Curtailing the Use of Title VII Analysis in Claims Arising Under the ADEA
Katherine Krupa Green
Regulation of the Human Tissue Industry: A Call for Fast-Track Regulations
Michael Leachman
Notes
Atkins v. Virginia: How Flawed Conclusions Convert Good Intentions Into Bad Law
Christopher L. Chauvin
Freethought Society of Greater Philadelphia v. Chester County: The Desirability of a De Minimis Exception to the Supreme Court's Establishment Clause Jurisprudence
Michael L. De Shazo
Book Review
The Pocket Constitutionalist
O. W. Wollensak
Issue 2, Winter 2005
Articles
Lawyer Ethics Reform in Perspective: A Look at the Louisiana Rules of Professional Conduct Before and After Ethics 2000
Dane S. Ciolino
Covenant Marriage Seven Years Later: Its as Yet Unfulfilled Promise
Katherine Shaw Spaht
Production in "Paying Quantities"--A Fresh Look
Patrick S. Ottinger
Contemplating a Civil Law Paradigm for a Future International Commercial Code
Wayne R. Barnes
The Sources of Law and the Value of Precedent: A Comparative and Empirical Study of a Civil Law State in a Common Law Nation
Mary Garvey Algero
Comments
Intercontinental Identity: The Right to the Identity in the Louisiana Civil Code
Patrick N. Broyles
To Stop and Presume: Balancing a Per Se Right to Frisk Suspected Narcotics Traffickers on the Fourth Amendment Scales
Joshua Lewis
Notes
Smith v. LASERS: The Louisiana Supreme Court Adjusts a Legislative Miscalculation
Michael A. Cancienne
Achieving the Proper Remedy for a Dissenting Shareholder in Today's Economy: Yuspeh v. Koch
Stephen J. Paine
Issue 3, Spring 2005
Articles
Criminalizing Endangerment
R. A. Duff
Criminalizing Endangerment--A Comment
Marcelo Ferrante
Criminalizing Endangerment: A Response to Marcelo Ferrante's Comment
R. A. Duff
The Distinctiveness of Domestic Abuse: A Freedom Based Account
Victor Tadros
Avenal v. State: Takings and Damagings in Louisiana
John J. Costonis
GLOSSAE on the New Law of Marital Donations
J.-R. Trahan
On Being Knighted by the Louisiana Bar Foundation: Distinguished Professor 2004
Paul R. Baier
Comments
Getting a Second Chance: The Need for Tax Court Jurisdiction Over IRS Denials of Relief Under Section 66
Adrianne Hodgkins
A Catalyst in the Cotton: The Proper Allocation of the "Goodwill" of Closely Held Businesses and Professional Practices in Dissolution of Marriages
Kelly M. Haggar
Note
Life After Fior D'Italia: A New Proposal
Cole Smith
Issue 4, Symposium: Divorce Reform for the Protection of Children, Summer 2005
Articles
Introduction
The Legal Definition of Parenthood: Uncertainty at the Core of Family Idenitity
June Carbone
Does Parental Autonomy Require Equal Custody at Divorce?
Margaret F. Brinig
Differentiating Types of Domestic Violence: Implications for Child Custody
Nancy Ver Steegh
Rhetoric, Divorce and International Rights: The Limits of Divorce Reform for the Protection of Children
Barbara Stark
Collaborative Practice: A New Opportunity to Address Children's Best Interest in Divorce
Susan Gamache
Will Changing the Process Change the Outcome? The Relationship between Procedural and Systemic Change
Julie Macfarlane
Measuring Up? The Relationship Between Correlates of Children' Adjustment and Both Family Law and Policy in England
Liz Trinder
Michael E. Lamb
Comment
Giving Children a Right to Be Heard: Suggested Reforms to Provide Louisiana Children a Voice in Child Custody Disputes
Rebecca Hinton
Volume 64
2003 - 2004
Issue 1, Fall 2003
Articles
Foreword: Symposium on Harmless Error--Part II
Stuart P. Green
Fear of a Paper Tiger: Enforcing Louisiana's Procedural and Statutory Rules in the Wake of Harmless Error Analysis
James E. Boren
Michael A. Fiser
Considerations Concerning Harmless Error in Louisiana Criminal Cases
Alfred Paul LeBlanc, Jr.
The American "Covenant Marriage" in the Conflict of Laws
Peter Hay
The Pitfalls of a Putative Marriage and The Call for a Putative Divorce
Monica Hof Wallace
Comments
Ambivalence in Equivalents: Problems and Solutions for Patent Law's Doctrine of Equivalents
M. Aminthe Broussard
Doctoring Up the Capital Defense System: Raising the Standards for Louisiana's Death Penalty Lawyers
Julie Hays Kilborn
Personal Injury and the Louisiana Law of Lease
P. Ryan Plummer
Note
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls: Will Louisiana Halt the United States Supreme Court's Continuous Corrosion of Student Fourth Amendment Rights?
Ashley S. Green
Issue 2, Faculty Symposium: Recent Developments in the Law, Winter 2004
Articles
Highlights of the 2003 Jobs and Growth Tax Relief Reconciliation Act: Economic Stimulus or Long-Term Disaster?
Susan Kalinka
Local Government Law
Kenneth M. Murchison
Significant Development in Maritime Personal Injury Law
Dean A. Sutherland
Successions & Donations
J.-R. Trahan
Issue 3, Spring 2004
Articles
Marry Me, Bill: Should Cohabitation Be the (Legal) Default Option?
Margaret F. Brinig
Steven L. Nock
The Gay Man and His Civil Code
Michael McAuley
Of Constitutional Amendments, Human Rights, and Same-Sex Marriages
M. Isabel Medina
Error-Centricity, Habeas Corpus, and The Rule of Law as The Law of Rulings
Roger Berkowitz
Rights and Remedies
Marsha S. Berzon
Bones of Contention: A Comparative Examination of Law Governing Human Remains from Archaeological Contexts in Formerly Colonial Countries
Ryan M. Seidemann
Comments
We Didnt's Start the Fire: The Origins Science Battle Rages on More Than 75 Years After Scopes
Arianne Ellerbe
A Matter of Life and Death: Posthumous Conception
Brianne M. Star
Notes
No Longer the Ugly Duckling: The European Court of Human Rights Recognizes Transsexual Civil Rights in Goodwin v. United Kingdom and Sets the Tone for Future United States Reform
Betty C. Burke
"Jurisprudence Désorientée": The Louisiana Supreme Court's Theory of Jurisprudential Valuation, Doerr v. Mobil Oil and Louisiana Electorate of Gays and Lesbians v. State
Jason Edwin Dunahoe
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?
Daniel S. Terrell
Issue 4, Symposium: Normalizing National Security Law, Summer 2004
Articles
The Normalization of Homeland Security After September 11: The Role of the Military in Counterterrorism Preparedness and Response
William C. Banks
The Role of Military Intelligence in Homeland Security
Stephen Dycus
FOIA and Fighting Terror: The Elusive Nexus Between Public Access and Terrorist Attack
James T. O'Reilly
Detaining Combatants by Law or by Order? The Rule of Lawmaking in the War on Terrorists
Peter Raven-Hansen
The Smallpox Vaccination Campaign of 2003: Why Did It Fail and What Are the Lessons for Bioterrorism Preparedness?
Edward P. Richards
Katharine C. Rathbun
Jay Gold
Too Strange to be Just Fiction: Legal Lessons from a Bioterrorist Simulation, the Case of TOPOFF 2
Joihn D. Blum