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Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 23–24 - Livre Iii, Titres 23–24, Center of Civil Law Studies 2019 Louisiana State University Law Center

Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 23–24 - Livre Iii, Titres 23–24, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.


Star Financial Services, Inc. V. Cardtronics Usa, Inc., Nancy A. Maurice 2019 Louisiana State University Law Center

Star Financial Services, Inc. V. Cardtronics Usa, Inc., Nancy A. Maurice

Journal of Civil Law Studies

No abstract provided.


From La Beauce To Le Bayou: A Transsystemic Voyage, Rosalie Jukier 2019 Louisiana State University Law Center

From La Beauce To Le Bayou: A Transsystemic Voyage, Rosalie Jukier

Journal of Civil Law Studies

This paper is an adaptation of the Tucker Lecture that I delivered in October of 2017. Its title depicts two iconic places, one in the Canadian province of Quebec, from where I hail, and the other in Louisiana, the locale of my audience. La Beauce, an enchanting part of Quebec, stretches along the Chaudière River and is located about thirty minutes south of Quebec City. Le Bayou refers to the low-lying wetlands found primarily in the southern part of Louisiana, a defining feature of this part of the United States.

In this paper, I attempt to guide an allegorical voyage ...


The Impact Of European Private Law Upon The Mixed Legal Systems Of Cyprus, Nicholas Mouttotos 2019 Louisiana State University Law Center

The Impact Of European Private Law Upon The Mixed Legal Systems Of Cyprus, Nicholas Mouttotos

Journal of Civil Law Studies

This article attempts to examine the impact of European private law upon the legal system of Cyprus taking into account its mixed elements and whether these elements have contributed towards a smooth reception of EU law. While Nikitas Hatzimihail argued in 2013 that it may still be too early to assess the impact of European Union (EU) law upon the legal system of Cyprus, the financial crisis and its effects render such an assessment possible. Building upon Hatzimihail’s work in his effort at understanding a “unique” legal system by using comparative law theory to understand the doctrinal development and ...


Cover, Masthead & Contents, 2019 Louisiana State University Law Center

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Developing The Civil Law Of Incorporeal Things, Ricardo Bethencourt, Aniceto Masferrer 2019 Louisiana State University Law Center

Developing The Civil Law Of Incorporeal Things, Ricardo Bethencourt, Aniceto Masferrer

Journal of Civil Law Studies

This article offers the legal profession a method to effectuate on behalf of authors, designers, or inventors who are residents of Louisiana (or for Louisiana transactions) the rights recognized by federal law on intellectual property (IP) and unfair competition by activating the civil law on incorporeal things. Additionally, it offers a way to enhance the civil law practitioners’ stock of solutions with the regular notions of property, contracts, and torts in IP and unfair competition law for fascinating results. Also, it enables civil law academia to teach IP and unfair competition law through regular courses such as property, contracts, and ...


French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden 2019 Louisiana State University Law Center

French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden

Journal of Civil Law Studies

During the second half of the 17th century of French formally institutionalized colonial power in Acadia, the province was in an interesting state of jurisdictional complexity insofar as French colonists were concerned. While native Amerindians, mostly Malecites and Micmawqs, carried their precolonial political order and jurisdictional organisation without almost any interference of the colonial power, imported normative systems derived from feudalism, the Catholic Church, French colonial order, French provincial customs and family organisation were juxtaposed and interacted, each of them were a well-known part of the Western legal tradition. Yet—and this is the most interesting—the state power, which ...


Hazing Laws In Louisiana: Criminal Penalty Masquerading Under The Guise Of Punitive Damages, Brittney Esie 2019 Louisiana State University Law Center

Hazing Laws In Louisiana: Criminal Penalty Masquerading Under The Guise Of Punitive Damages, Brittney Esie

Journal of Civil Law Studies

No abstract provided.


Complete V.12 No.1, 2019 Louisiana State University Law Center

Complete V.12 No.1

Journal of Civil Law Studies

No abstract provided.


International Surrogacy Arrangements: A Human Rights Case, Marisa Araújo 2019 Universidade Lusiada

International Surrogacy Arrangements: A Human Rights Case, Marisa Araújo

Conference: The Social Practice of Human Rights

The scientific development in Artificial Reproductive Technology (ART), especially IFV solutions, are promoting the development of our reproductive options. Surrogacy is now one of these solutions and new ethical and legal problems arise.

Domestic Laws have the most different positions. If there are countries that admit surrogacy arrangements, even commercial ones like the Florida State in the USA (and the particular case of India); others criminalize these procedures and others, like the UK (and Portugal), have a middle term position.

Considering the frontier zone in which surrogacy takes its place, the debate is more exuberant since the concrete legal solution ...


Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes 2019 Holmes PLLC

Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes

St. Mary's Law Journal

Article is in draft form. Abstract forthcoming.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Promise And Private Law, Nathan B. Oman 2019 William & Mary Law School

Promise And Private Law, Nathan B. Oman

Nathan B. Oman

This essay was part of a symposium on the thirtieth anniversary of the publication of Charles Fried's Contract as Promise and revisits Fried's theory in light of two developments in the private-law scholarship: the rise of corrective justice and civil-recourse theories. The structural features that motivate these theories-the bilateralism of damages and the private standing of plaintiffs-are both elements of the law of contracts that Contract as Promise sets out to explain. I begin with the issue of bilateralism. Remedies--in particular the defense of expectation damages--occupy much of Fried's attention in Contract as Promise, and he insists ...


Why There Is No Duty To Pay Damages: Powers, Duties, And Private Law, Nathan B. Oman 2019 William & Mary Law School

Why There Is No Duty To Pay Damages: Powers, Duties, And Private Law, Nathan B. Oman

Nathan B. Oman

This Article was part of a symposium on the rise of civil recourse theory. It contributes to this debate by defending a simple but counterintuitive claim: There is no duty to pay damages in either tort or contract law. The absence of such a duty provides a reason for believing that civil recourse provides a better account of private law than does corrective justice. Corrective justice is committed to interpreting private law as creating duties for wrongdoers to compensate their victims. In contrast, civil recourse sees the law as empowering plaintiffs against defendants. My argument is that a careful analysis ...


The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon 2019 William & Mary Law School

The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon

Nathan B. Oman

In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court’s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has been lost in recent years but is currently enjoying something of a revival.

Our argument is that the Supreme Court’s theory of private law has led it down a path that has distorted its doctrine in several areas, including the First Amendment–tort clash in Snyder. In areas that range from punitive damages to preemption, the ...


The Honor Of Private Law, Nathan B. Oman 2019 William & Mary Law School

The Honor Of Private Law, Nathan B. Oman

Nathan B. Oman

While combativeness is central to how our culture both experiences and conceptualizes litigation, we generally notice it only as a regrettable cost. This Article offers a less squeamish vision, one that sees in the struggle of people suing one another a morally valuable activity: the vindication of insulted honor. This claim is offered as a normative defense of a civil recourse approach to private law. According to civil recourse theorists, tort and contract law should be seen as empowering plaintiffs to act against defendants, rather than as economically optimal incentives or as a means of enforcing duties of corrective justice ...


A Theory Of Civil Liability, Nathan B. Oman 2019 William & Mary Law School

A Theory Of Civil Liability, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Significance Of The Corpus Juris Civilis: Matilda Of Canossa And The Revival Of Roman Law, Thomas J. McSweeney, Michéle K. Spike 2019 William & Mary Law School

The Significance Of The Corpus Juris Civilis: Matilda Of Canossa And The Revival Of Roman Law, Thomas J. Mcsweeney, Michéle K. Spike

Thomas J. McSweeney

No abstract provided.


Magna Carta, Civil Law, And Canon Law, Thomas J. McSweeney 2019 William & Mary Law School

Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent 2019 William & Mary Law School

Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent

Evan J. Criddle

No abstract provided.


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