“Damages are designed, not only as a satisfaction to the injured person, but likewise as a punishment to the guilty, to deter from any such proceeding for the future, and as a proof of the detestation of the jury to the action itself.”[1] This assertion is emblematic of the importance of, and the policies underlying, the remedy of legal damages by implicating both the economic and the corrective justice theories of damages.[2] The economic analysis of damages posits that damages are intended to deter misconduct by imposing a monetary penalty upon the defendant.[3] The corrective justice analysis states that it is not the defendant’s payment that is paramount, but the vindication of the plaintiff’s rights and making the plaintiff whole so far as money can.[4]Continue reading →
Congress passed the Fair Labor Standards Act (FLSA) in 1938 to combat “labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers.”[1] The Act established minimum wage, overtime pay, record keeping, and child labor standards that affect full-time and part-time workers in the private sector and in federal, state, and local governments.[2] The FLSA also established an enforcement arm—the Wage and Hour Division of the United States Department of Labor (DOL).[3] Courts have long viewed the FLSA as congressional action to “protect the rights of those who toil [and] who sacrifice a full measure of their freedom and talents to the use and profit of others.”[4] On January 10, 2024, the DOL issued a final rule titled “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (Current Independent Contractor Rule) that governs the classification of workers as employees or independent contractors under the FLSA. [5] This rule became effective on March 11, 2024 and replaced its 2021 predecessor.[6]Continue reading →
Louisiana law imposes strict formalities on the creation of a last will and testament, which often results in litigation over whether the testator sufficiently complied with Louisiana law when making his or her testament. There are two types of testaments in Louisiana—olographic and notarial.[1] Generally, an olographic testament is one that is entirely written, dated, and signed in the testator’s handwriting.[2] For a notarial testament, the testator must be able to read and physically sign his or her name; the testament must be written, dated, and signed at the end of the testament and on each other separate page in the presence of a notary and two competent witnesses; the testator must declare that the instrument is his testament; and the testament must contain a proper attestation clause acknowledging that the form requirements have been met.[3] If the formalities for an olographic or notarial testament are not met, the testament is absolutely null, meaning it can have no effect.[4]Continue reading →
Laissez les bons temps rouler![1] Every year, people of all ages get to experience a riot of colors and an explosion of energy for a fun-filled weekend, or maybe even a whole week, of revelry to celebrate the tradition of Mardi Gras in New Orleans, Louisiana. People all over the South view this carnival tradition as a carefree time accompanied by a symphony of music, strings of beads, larger-than-life floats, beverages, food, friends, and family. The parade-goers experience community like no other in the United States. People of all backgrounds and ages share this experience every year and create lasting memories for all who partake in the festivities. Continue reading →
The COVID-19 pandemic brought on events thought impossible. Stay-at-home orders, mask mandates, and other restrictions that seemed unimaginable became a part of everyday life for all Louisianians. Arguably, no other group was affected more than health care professionals, who saw a substantial increase in demand for their services coupled with a dramatic spike in hospitalizations.[1] With this increased pressure and workload came an increased chance of malpractice.[2] Given the particularly daunting battle medical professionals were fighting, Governor John Bel Edwards implemented emergency protocols which seemingly barred malpractice actions.[3]Continue reading →
LLR Lagniappe:
The Online Companion of the Louisiana Law Review
The LLR Lagniappe, formerly known as the “Digital Digest,” is the official blog of the Louisiana Law Review.
The LLR Lagniappe features short commentaries of legal developments in Louisiana and across the country. Our blog seeks to harness valuable scholarly insight that may otherwise not fit within the traditional limitations of the printed Louisiana Law Review.
The LLR Lagniappe is currently limited to Law Review members, legal practitioners, and faculty members. Submissions from these sources are reviewed by the Board and accepted for publication subject to the Board's discretion. If you would like to write for the LLR Lagniappe, please contact Maggie Sternberg at mstern6@lsu.edu.
The LLR Lagniappe is managed by the Online Editor and the Editorial Board of the Louisiana Law Review at the Paul M. Hebert Law Center.
