Articles

Changing Structures in the Practice of Law

I. Introduction II. Specialization A. Balkanization B. Obsolescence III. Significance For The Structure of Law Firms IV. Conclusion

Chief Judge Melvin Shortess: A Pencil Sketch from Life

I. II. III. IV. V. VI. VII.

Class Action Settlements in Louisiana

Introduction I. The Nuts And Bolts of Settlement Practice Under The Federal Rules of Civil Procedure A. An Introduction To Rule 23(E) B. The Settlement Agreement C. The Preliminary Hearing D. Notice of the Settlement E. Final Approval and the Fairness Hearing 1. Scrutiny of the Negotiation Process a. Negotiating Class Counsel's Fees b. Non-Pecuniary Settlements c. Reverse Auctions d. Pre-Certification Settlements 2. Analysis of The Settlement Agreement a. Judicial Risk Analysis b. The Role of...

Equality and Affiliation as Bases of Ethical Responsibility

I. Introduction II. Equality In Kantian Ethics And Bentham s Political Philosophy III. The Concept Of Affiliation IV. Questioning Equality V. Affiliation As A Basis Of Ethics VI. Equality Versus Affiliation As A Basis Of Ethics

Missed Opportunities: Louisiana s Version of the Rules of Professional Conduct

I. Introduction II. How We Got To This Point A. Emergence of The Model Rules of Professional Conduct 1. The Model Rules Contrasted With Earlier ABA Codes of Ethics a. The Canons of Professional Ethics b. The Model Code of Professional Responsibility c. The Model Rules of Professional Conduct B. The Emergence of Louisiana's Rules of Professional Conduct 1. The Task Force And Its Charge 2. The Omitted Materials 3. Completion of The Task III. A Closer Look At The Omitted Materials A. Inclusion o...

Of Envelopes and Legends: Reflections on Tort Law

I. Introduction And Explanation II Statutes, Contracts And Tort Law III. The General Risks IV. The Specific Risk V. The Bottom Line VI. The Roles of Judge And Jury In The Process VII. Summation VIII. The Future

Comments

A "Primer"

I. Introduction II. Background III. Role of States To Prescribe Curriculum And Maintain A Sound Learning Environment IV. Students' Rights A. Freedom of Speech B. Due Process V. Parental Rights IV. Conclusion

The Biased Expert Witness in Louisiana Tort Law: Existing Mechanisms of Control and Proposals for Change

I. Introduction II. The Expert Witness And The Jury III. Existing Methods of Control A. Judicial Oversight 1. Standards for Admissibility of Expert Testimony 2. The Impact of Daubert B. The Role of the Attorney IV. The Effectiveness of Existing Safeguards A. Case Illustration: Rowe V. State Farm Mutual Automobile Insurance Co. B. Cross-Examination V. Proposals For Change A. Court-Appointed Experts: Louisiana Code of Evidence Article 706 B. Liability in Tort for Improper Expert Testimony 1. De...

Notes

A Common Law Intrusion into the Civil Law: Carriere v. Bank of Louisiana

I. Introduction II. Evaluation A. Right of Occupancy versus Obligation to Pay Rent 1. When is it Proper to Separate the Right from its Obligation? 2. What is a "Leasehold" in Louisiana? a. The Conveyance Approach b. New York Approach c. California Approach B. Judicial Control: When is it Properly Applied? III. Effects of Carriere, Relegation To Contract Law, And How To Avoid The Result of Carriere v. Bank of Louisiana IV. Conclusion

City of Monterey v. Del Monte Dunes at Monterey: Drawing the Battle Lines Clearly

I. Introduction II. Facts of Del Monte Dunes III. Holding In Del Monte Dunes47 A. Discussion of the Regulatory Takings Standard From Dolan B. Examination of Public Land-Use Policy C. The Role of the Jury IV. Analysis A. The Right To A Jury B. The Regulatory Takings Standard 1. Background a. Regulations that Compel a Physical Invasion b. Regulations that Destroy All Economic Use c. Regulations that Condition Approval on Exactions d. Regulations that Merely Interfere with Property ...

The Better Part of Wisdom is Deference: Judicial Review of an office of Conservation Order in Yuma Petroleum Co. v. Thompson

I. Introduction II. Facts And Holding of Yuma Petroleum Co. v. Thompson III. The Louisiana Supreme Court's Analysis A. Judicial Review B. Step One of the Analysis: Statutory Interpretation of "Owner" C. Step Two of the Analysis: Did the Commissioner abuse his discretion? 1. The Operator Liability Doctrine in the Federal Jurisprudence 2. The Operator Doctrine in Louisiana IV. Comparison of Yuma With Federal Administrative Law V. Judicial Deference And Other Administrative Law Doctrines A. Prim...