Tulane Law Review Online
The Tulane Law Review is committed to providing a forum for robust analysis on the evolution of the law within Louisiana and on the Review’s masthead topics. In that vein, Tulane Law Review Online provides timely discussion of recent legal developments.
Comment by Luke G. LaHaye
Luke G. LaHaye's comment explores the history of land banking legislation in the United States and argues that the New Orleans Redevelopment Authority is the entity best suited to address abandonment and blight in New Orleans.
Comment by Ryan Niedermair
In this comment, Ryan Neidermair compares the evolution of custodial requests for counsel in United States Supreme Court jurisprudence and particular state court systems. He ultimately argues that states should decline to follow Davis and instead adopt approaches that are more protective of defendants' rights.
Case Note by Gabrielle A. Ball
Gabrielle A. Ball's case note examines the Louisiana Supreme Court's decision in Eaglin v. Eunice Police Department, 2017-1875, p. 1 (La. 6/27/2018); 2018 WL 3154744, where the court held that the prescriptive period for a false imprisonment claim begins to run on the date of arrest.
Case Note by Matthieu Robert
In this case note, Matthieu Robert explores Valero Marketing & Supply Co. v. M/V Almi Sun, Sun, 893 F.3d 290, 291, 2018 AMC 1564, 1565 (5th Cir. 2018), in which the Fifth Circuit held that, under Commercial Instruments and Maritime Liens Act, Valero had not furnished necessaries to the vessel on order of the owner or person authorized by the owner and thus was not entitled to a maritime lien.
Comment by Thomas Steinfeldt
This comment examines critical challenges facing the U.S. nuclear power industry, and analyzes legal doctrine and recent jurisprudence in order to identify obstacles facing the industry as well as paths forward to help temper market risks.
Note by Oliver Atticus Kaufman
This note examines the Fifth Circuit’s recent decision in Panetti v. Davis, 863 F.3d 366 (5th Cir. 2017), where the court held that a petitioner must be granted appointed counsel and funds for expert assistance to prepare for a federal habeas petition under a theory of incompetency.
Note by Gabriel J. Winsberg
This note examines the Louisiana Supreme Court’s recent decision in State v. Howard, 2015-1404 (La. 5/3/17); 226 So. 3d 419, and the analysis used to distinguish possession from possession with intent to distribute.
Note by Christopher A. Hebert
This note examines the Louisiana Supreme Court’s decision to deny certiorari in State v. Demesme, 228 So. 3d 1206 (La. 10/27/17). This Note analyzes the court’s decision denying a defendant his Miranda right to counsel based upon the defendant's choice of vocabulary.
Note by Collin S. Buisson
This note explains and analyzes the Louisiana First Circuit Court of Appeals decision in Juneau v. State ex rel. Department of Health and Hospitals, 2015-1382 (La. App. 1 Cir. 7/7/16);197 So. 3d 398. The First Circuit held that the nieces and nephews of a personal injury claimant who died while his claim was still pending could not recover proceeds from his suit, since their mother—the claimant's sister—predeceased the claimant.
Note by Marjorie P. Dennard
This note explores the United States Court of Appeal for the Fifth Circuit's decision in Texas v. EEOC, 827 F.3d 372 (5th Cir. 2016), in which the Court held that the state of Texas had standing to challenge the EEOC's recent Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.