Louisiana Law Review

from July 2000
Last Number: January 2015

Paul M. Hebert LSU Law Center
ISSN 0024-6859

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Nbr. 75-1, January 2015


Fear of an Undeterrable Other

America is presently fighting a war on terror and a war on sex offenders. In each, the government openly detains hundreds of individuals not for what they have done, but for what they might do. Some warn that this greatest restriction on liberty may expand to other types of people. This Article examines the risk of such expansion by putting our current wars in historical perspective. The two main conclusions are: (1) some categories of people detained in prior periods are not being detained t...

The Strife of Riley: The Search-Incident Consequences of Making an Easy Case Simple

In Riley v. California, the U.S. Supreme Court held that the Fourth Amendment requires police officers to obtain a warrant before searching an arrestee’s cellular phone in a search incident to a lawful arrest. The lauded decision heralds the modernization of the Fourth Amendment to embrace privacy in the digital age. But Riley’s reasoning contains a flaw that only Justice Alito recognized. Evidence gathering—i.e., the need to look for evidence of the arrestee’s crime for use at trial—has long...

Binding Future Selves

Courts traditionally treat a person entering an agreement as the same person at the time of enforcement notwithstanding the passage of time or an intervening change of mind. For certain agreements between intimates, however, courts have adopted the novel view that the enforcement of a person’s earlier commitment would improperly constrain that person’s will rather than serve as an expression of it. These cases rest on the assumption that an intervening change has created meaningful—and legall...

Contract Law and the Hand Formula

Contract law is largely about negligence. Through the use of a “reason to know” or “reason to believe” standard in many of the black letter rules in the Restatement (Second) of Contracts, contract liability can often be traced to a party’s failure to exercise reasonable care. The Restatement, however, fails to adequately explain when a person has reason to know or reason to believe something. In other words, despite being largely about careless behavior, contract law fails to adequately expla...


Confronting Confrontation in a FaceTime Generation: A Substantial Public Policy Standard to Determine the Constitutionality of Two-Way Live Video Testimony in Criminal Trials

Promoting 'Inclusive Communities': A Modified Approach to Disparate Impact Under the Fair Housing Act

High-Stakes Word Search: Ensuring Fair and Effective IRS Centralization in Tax Exemption

Same-Sex Marriages Are Not Created Equal: United States v. Windsor and Its Legal Aftermath in Louisiana

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