Articles

Deficiency Judgments: A Louisiana Overview

I. Introduction. II. In Louisiana, A Debtor Retains Title To Collateral; The Creditors Merely Get A Right To Seize And Sell The Asset And Get A Privilege On The Proceeds Of The Sale. III. Louisiana Has Traditionally Required A Creditor To Use Judicial Process To Sell The Collateral Which Secures A Loan. IV. Judicial Sales. V. The Origins Of Louisiana's Deficiency Judgment Act And Its Relationship To Executory Process. VI. The Louisiana Deficiency Judgment Act Is A Procedural Rule. VII. Calcul...

The English Fox in the Louisiana Civil Law Chausse- Trappe: Civil Law Concepts in the English Language; Comparativists Beware!

I. Introduction. II. The Louisiana Civil Code Or Digest Of 1808: Two Hundred Years Of Civil Law In English. A. History. B. The Digest or Code of 1808: Language of Policy, Legal Language, and Legal Culture. 1. The "Manifest" and the Legal Culture of the Civil Law in the Louisiana of 1808. 2. The English Language and the Civil Law Legal Culture of the Louisiana Codes of 1808 and 1825. III. The Avant-Projet Catala: A Civil Law Text Confronts The English Language. A. The Louisiana Objectives and ...

The Troxel Aftermath: A Proposed Solution for State Courts and Legislatures

I. The Debate Over The Federalization Of Family Law. II. The History Of Parental Rights. III. The History Of Third-Party Visitation Statutes. IV. Troxel v. Granville. A. Facts. B. Procedural History. C. The Decision. D. Issues Troxel Addressed But Left Open. V. Building A Uniform Third-Party Visitation Statute. A. State Responses to Troxel. B. Questions a Visitation Statute Should Answer. 1. Definitions of Familial Relationships. 2. Standing and Procedures for Petition. 3. Standard. 4. Parent...

Twenty Years After Bowen v. Massachusetts- Damages or Restitution: When Does It Still Matter? When Should It?

I. Introduction. II. Background. III. The Meaning Of "Compensatory," "Restorative," "Substitutionary," And "Specific" Relief. IV. Bowen In The Twenty-First Century. A. Does the Court of Federal Claims Have Jurisdiction?. B. Whether or Not There Is Liability for Relief Sought. V. Conclusion.

Unresolved Issues Regarding Passthrough Entities, Community Property, and Federal Tax Law Create Headaches for Spouses in Louisiana

I. Classification Of Interests In And Income Of A Disregarded Entity, Partnership, S Corporation, Or Llc As Community Property Or Separate Property And The Federal Tax Treatment Of Such Income. A. Undistributed Income of a Partnership. B. Undistributed Income of an S Corporation. C. Undistributed Income of a Disregarded Entity. D. Should the Undistributed Income of a Passthrough Entity Be Treated as Separate Property or Community Property?. II. Right To Reimbursement For Taxes Paid On Undistr...

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Grass Roots Immigration Reform

I. Introduction. II. Background. A. Supremacy Clause. B. Case Law: Municipal Ordinances Challenged Upon Preemption Grounds. 1. Lozano v. City of Hazleton. 2. Valley Park, Missouri. 3. Farmers Branch, Texas. 4. Arizona. III. Analysis. A. Employer Provisions Analysis. 1. Express Preemption. 2. Field Preemption. 3. Conflict Preemption. B. Tenancy Provisions Analysis. 1. Field Preemption. 2. Conflict Preemption. IV. Policy. V. Recommendations. VI. Conclusion.

Louisiana's New Public Defender System: Origins, Main Features, and Prospects for Success

I. Introduction. II. Background And Origins Of The New System. A. The First Round of Reform: Gideon's Aftermath in Louisiana. B. The Second Round of Reform: A New Constitution, Expanded Local Funding, and a Stillborn State Board. C. The Third Round of Reform: The Louisiana Supreme Court Tries to Force Change. 1. Peart, the Start of State Funding, and a Permanent State Board. 2. The Fate of the Peart8Era Reforms. D. The Current Round of Reform: National Attention, a Renewed Push by the Louisia...