Volume 91 | Online

Juneau v. State ex rel. Dep’t of Health and Hospitals—Killed by the Calendar: A Seemingly Unfair Result But a Correct Action

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.

Courts Address the Finality Requirement To Determine Whether an Agency’s Action Is Ripe for Review

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.

Vicarious Complaints and Normative Diversity: A Reply to Sage

Essay by Nicolas Cornell

In Third-Party Beneficiaries and the Nature of Contract, Nicholas W. Sage raised some concerns with the proposal for revising our understanding of contractual obligation championed by Nicolas Cornell's Article The Puzzle of the Beneficiary’s Bargain. In this reply, Cornell responds to Sage's response essay.