legislative requirement in Louisiana

2014The 1974 Constitution, as this court explained in 12 Chamberlain, now contains in Article XII, Section 10(A) an absolute prohibition against immunity from suit and liability in contract and tort suits, while Section 10(B) continues the requirement that in other suits a legislative waiver, when given, must be both from suit and from liability. 624 So.2d at 881 (citing Hargrave, “Statutory” and “Hortatory” Provisions of the Louisiana Constitution of 1974, 43 La.

2014The 1974 Constitution, as this court explained in Chamberlain , now contains in Article XII, Section 10(A) an absolute prohibition against immunity from suit and liability in contract and tort suits, while Section 10(B) continues the requirement that in other suits a legislative waiver, when given, must be both from suit and from liability. 624 So.2d at 881 (citing Hargrave, “Statutory” and “Hortatory” Provisions of the Louisiana Constitution of 1974, 43 La.

2011Id.

2004Id.

2016In cases such as Walls, where a new substantive law essentially extinguishes a 43 00-2799 (La. 10/16/01), 798 So. 2d 93 . 44 [Walls] at 1271, n. 8. 45 1 M.

2016In cases such as Walls, where a new substantive law essentially extinguishes a 43 00-2799 (La. 10/16/01), 798 So. 2d 93 . 44 [Walls] at 1271, n. 8. 45 1 M.

1975What this security ought to be is the great problem to be solved." (Cooke ed.) The legislative privilege embodied in the Speech or Debate Clause protecting against possible prosecution by an unfriendly executive and conviction by a hostile judiciary was said, in United States v. Johnson, 383 U.S. 169 , 86 S.Ct. 749 , 15 L.Ed.2d 681 (1966), to be one manifestation of the "practical security" for ensuring the independence of the legislature.

1975What this security ought to be is the great problem to be solved." (Cooke ed.) The legislative privilege embodied in the Speech or Debate Clause protecting against possible prosecution by an unfriendly executive and conviction by a hostile judiciary was said, in United States v. Johnson, 383 U.S. 169 , 86 S.Ct. 749 , 15 L.Ed.2d 681 (1966), to be one manifestation of the "practical security" for ensuring the independence of the legislature.

2004R.S. 22:657 as a consumer-protection statute, noting: *1253 The average consumer does not possess the specialized knowledge and skill to analyze insurance rates and charges to know how much he is paying for what protection, and the legislative requirement that the `price' to the consumer must include all charges paid by him is indicative of the legislative concern for his protection in this regard. 79 So.2d at 895 .

2000Rating Comm'n, 79 So.2d 888 (La.App. 1 Cir.1955). [1] In that *1007 case, we treated LSA-R.S. 22:627 as a consumer-protection statute, noting: The average consumer does not possess the specialized knowledge and skill to analyze insurance rates and charges to know how much he is paying for what protection, and the legislative requirement that the `price' to the consumer must include all charges paid by him is indicative of the legislative concern for his protection in this regard. 79 So.2d at 895 .

1979The best single authority may now be United States v. Nixon, 418 U.S. 683, 694-96 , 94 S.Ct. 3090 , 41 L.Ed.2d 1039 (1974).” 2 K.

1979The best single authority may now be United States v. Nixon, 418 U.S. 683, 694-96 , 94 S.Ct. 3090 , 41 L.Ed.2d 1039 (1974).” 2 K.

2023App. 5 Cir. 2/13/02), 812 So.2d 103, 105 , writ denied, 02-791 (La. 5/31/02), 817 So.2d 95 , citing Copsey v. Baer, 593 So.2d 685 (La.

2023App. 5 Cir. 2/13/02), 812 So.2d 103, 105 , writ denied, 02-791 (La. 5/31/02), 817 So.2d 95 , citing Copsey v. Baer, 593 So.2d 685 (La.

2015As observed by the Louisiana Supreme Court, "... [t]he purpose ascribed to the legislative privilege is to assure that no litigant be deprived of his day in court because of a lack of financial means to pay court costs.” Benjamin v. National Super Markets, Inc., 351 So.2d 138, 141 (La.1977), writ denied, 366 So.2d 561 (La.1979).

2009Central Louisiana Electric Co. v. Louisiana Public Service Commission, 377 So.2d 1188, 1195 (La.1979)(''A legislative rule is clearly binding on the agency that issues it."); Maryland Casualty Co. v. United States, 251 U.S. 342 , 40 S.Ct. 155 , 64 L.Ed. 297 (1920)("[A] regulation by a department of government, addressed to and reasonably adapted to the enforcement of an act of Congress, the administration of which is confided to such department, has the force and effect of law if it be not in conflict with express statutory provision.

2009Central Louisiana Electric Co. v. Louisiana Public Service Commission, 377 So.2d 1188, 1195 (La.1979)(''A legislative rule is clearly binding on the agency that issues it."); Maryland Casualty Co. v. United States, 251 U.S. 342 , 40 S.Ct. 155 , 64 L.Ed. 297 (1920)("[A] regulation by a department of government, addressed to and reasonably adapted to the enforcement of an act of Congress, the administration of which is confided to such department, has the force and effect of law if it be not in conflict with express statutory provision.

2009The law is not different with respect to the rules and regulations of a department of a state government.”); Pacific Gas & Electric Co. v. Federal Power Commission, 506 F.2d 33, 38 , 164 U.S.App.

2002In reaching that decision, the Calhoun court cited Tenney v. Brandhove, 341 U.S. 367, 378 , 71 S.Ct. 783, 789 , 95 L.Ed. 1019 (1951); rehearing denied, 342 U.S. 843 , 72 S.Ct. 20 , 96 L.Ed. 637 (1951), which explained that: In times of political passion, dishonest or vindictive motives are readily attributable to legislative conduct and is readily believed.

2002In reaching that decision, the Calhoun court cited Tenney v. Brandhove, 341 U.S. 367, 378 , 71 S.Ct. 783, 789 , 95 L.Ed. 1019 (1951); rehearing denied, 342 U.S. 843 , 72 S.Ct. 20 , 96 L.Ed. 637 (1951), which explained that: In times of political passion, dishonest or vindictive motives are readily attributable to legislative conduct and is readily believed.

2001III, § 8 of the Constitution. [4] In Copsey v. Baer, 593 So.2d 685 (La.App. 1st Cir.1991), writ denied, 594 So.2d 876 (La.1992), the petitioners asked for copies of the work files of two state senators concerning two legislative bills.

2000Further, the Court suggested that any exception to "face-to-face" confrontation "would surely be allowed only when necessary to further an important public policy," but only on "something more than the type of generalized finding [a legislative presumption of trauma] underlying such a statute." Coy, 487 U.S. at 1021 , 108 S.Ct. at 2803 .

2000Further, the Court suggested that any exception to "face-to-face" confrontation "would surely be allowed only when necessary to further an important public policy," but only on "something more than the type of generalized finding [a legislative presumption of trauma] underlying such a statute." Coy, 487 U.S. at 1021 , 108 S.Ct. at 2803 .

1996Co., 238 La. 166 , 114 So.2d 594 (1959), that a legislative waiver of immunity from the filing of suit was not also a waiver of liability.

1996Co., 238 La. 166 , 114 So.2d 594 (1959), that a legislative waiver of immunity from the filing of suit was not also a waiver of liability.

1992(Emphasis added) We have discussed the effects and requirements of the above mentioned article in State v. Bouche, supra at 952: Thus the State may avoid the jury trial requirement for a defendant charged with several misdemeanors by charging them in the same indictment or information.

1991In United States v. Gillock, 445 U.S. 360, 366-67 , 100 S.Ct. 1185, 1190 , 63 L.Ed.2d 454 (1980), the Supreme Court reiterated its prior holdings that "[t]he Clause protects against inquiry into acts that occur in the regular course of the legislative process and into the motivation for those acts." In Miller, 709 F.2d at 524 , the Ninth Circuit was faced with determining whether the legislative privilege attached to prevent the questioning of a congressman regarding the identity of a person who had inserted a magazine article into the congressional record.

1991In United States v. Gillock, 445 U.S. 360, 366-67 , 100 S.Ct. 1185, 1190 , 63 L.Ed.2d 454 (1980), the Supreme Court reiterated its prior holdings that "[t]he Clause protects against inquiry into acts that occur in the regular course of the legislative process and into the motivation for those acts." In Miller, 709 F.2d at 524 , the Ninth Circuit was faced with determining whether the legislative privilege attached to prevent the questioning of a congressman regarding the identity of a person who had inserted a magazine article into the congressional record.

1991In United States v. Gillock, 445 U.S. 360, 366-67 , 100 S.Ct. 1185, 1190 , 63 L.Ed.2d 454 (1980), the Supreme Court reiterated its prior holdings that "[t]he Clause protects against inquiry into acts that occur in the regular course of the legislative process and into the motivation for those acts." In Miller, 709 F.2d at 524 , the Ninth Circuit was faced with determining whether the legislative privilege attached to prevent the questioning of a congressman regarding the identity of a person who had inserted a magazine article into the congressional record.

1988Gros v. Gras, 489 So.2d 1283 (La.App. 2d Cir.), writ denied, 493 So.2d 1222 (La.1986); Dawes v. Dawes, 454 So.2d 311 (La.App. 4th Cir.), writ denied, 457 So.2d 18 (La.1984).

1988Gros v. Gras, 489 So.2d 1283 (La.App. 2d Cir.), writ denied, 493 So.2d 1222 (La.1986); Dawes v. Dawes, 454 So.2d 311 (La.App. 4th Cir.), writ denied, 457 So.2d 18 (La.1984).

1988Gros v. Gras, 489 So.2d 1283 (La.App. 2d Cir.), writ denied, 493 So.2d 1222 (La.1986); Dawes v. Dawes, 454 So.2d 311 (La.App. 4th Cir.), writ denied, 457 So.2d 18 (La.1984).

1988Gros v. Gras, 489 So.2d 1283 (La.App. 2d Cir.), writ denied, 493 So.2d 1222 (La.1986); Dawes v. Dawes, 454 So.2d 311 (La.App. 4th Cir.), writ denied, 457 So.2d 18 (La.1984).

1985See: Vincent v. City of New Orleans, 326 So.2d 401 (4th 1976 [(1975)]); Buse v. City of New Orleans, 349 So.2d 397 (4th 1977); Saling v. City of New Orleans, 398 So.2d 1205 (4th 1981); Lofton v. La.

1985See: Vincent v. City of New Orleans, 326 So.2d 401 (4th 1976 [(1975)]); Buse v. City of New Orleans, 349 So.2d 397 (4th 1977); Saling v. City of New Orleans, 398 So.2d 1205 (4th 1981); Lofton v. La.