Journal article
Intentional acts and the definition of disqualifying conduct in Louisiana unemployment law
Loyola law review, Vol.60(4), pp.781-813
Winter 2014
Abstract
Excerpt - This Article explores the impact that the legislature's amendment to the statute should have made on the definition of misconduct and calls for supreme court review to ultimately resolve the existing circuit split. Specifically, this Article argues that the legislature intended to broaden the scope of misconduct to include some actions that are merely negligent and not intentional. Notably, this Article leaves it to social scientists to decide whether the change to the definition of misconduct is a good idea. Instead, this Article points to simple and well-known maxims of statutory construction to illustrate the inconsistency of the view of the majority of Louisiana appellate courts on misconduct.
Part II of this Article provides background on the unemployment insurance systems in Louisiana and across the nation and explains the state of the jurisprudence pre-amendment and post-amendment. Part III contends that Louisiana courts should broaden their definition of misconduct to comport with the statutory definition and illustrates how decided
cases may have been resolved differently had courts applied the correct standard. Part IV concludes with a call for supreme court action that gives teeth to the statutory definition of misconduct
Details
- Title
- Intentional acts and the definition of disqualifying conduct in Louisiana unemployment law
- Publication Details
- Loyola law review, Vol.60(4), pp.781-813
- Resource Type
- Journal article
- Identifiers
- 99380522596606600
- Academic Unit
- College of Arts, Social Sciences, and Humanities; Criminology, Criminal Justice, and Legal Studies
- Language
- English