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Articles 1 - 30 of 90
Full-Text Articles in Law
Harry Dondorp, David Ibbetson, And Eltjo J. H. Schrage (Eds.), Limitation And Prescription: A Comparative Legal History, Benjamin West Janke
Harry Dondorp, David Ibbetson, And Eltjo J. H. Schrage (Eds.), Limitation And Prescription: A Comparative Legal History, Benjamin West Janke
Journal of Civil Law Studies
No abstract provided.
Boothe V. Dotd, Jacque P. Biggs
The Birth Mother’S Assent To Adoption And The Limitation Of Autonomy Of Women’S Will In Spanish Law: A Proposal De Lege Ferenda, María Victoria Mayor Del Hoyo
The Birth Mother’S Assent To Adoption And The Limitation Of Autonomy Of Women’S Will In Spanish Law: A Proposal De Lege Ferenda, María Victoria Mayor Del Hoyo
Journal of Civil Law Studies
Even though in Spanish law the act establishing the adoption is judicial in nature, declarations of will have special relevance in the process, since they are a necessary precondition for the adoption. This work focuses on the assent of the biological mother, who is affected by and has an interest in the adoption process, even if not a party to it herself. In this work, the foundation, configuration, and characteristics of this assent are studied, as well as the form of her declaration of will, and the ability of the mother to offer it. Special attention is paid to the …
Jan Jakob Bornheim, Property Rights And Bijuralism, James Gordley
Jan Jakob Bornheim, Property Rights And Bijuralism, James Gordley
Journal of Civil Law Studies
No abstract provided.
Introduction To Robert A. Pascal’S Memorandum: The Code As A Textbook And A Rule Book, Olivier Moréteau, Robert A. Pascal
Introduction To Robert A. Pascal’S Memorandum: The Code As A Textbook And A Rule Book, Olivier Moréteau, Robert A. Pascal
Journal of Civil Law Studies
No abstract provided.
Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco
Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco
Journal of Civil Law Studies
The codification of the doctrine of imprévision in France and its codification attempt in Belgium is a significant turning point given the historical resistance in both countries towards it. Nevertheless, the fact that the French and Belgian civil codes had remained silent on the issue for more than 200 years poses problems of interpretation, in particular, with the regard to requirements to be met in or-der to trigger imprévision as set forth by new Article 1195 of the French Civil Code and Draft Article 5.77 of Belgian legislative pro-posal No. 3709/1 of April 3, 2019. In the absence of a …
Bilingual English-Spanish Louisiana Civil Code, Book I, Titles Iv-X, Mariano Vitetta
Bilingual English-Spanish Louisiana Civil Code, Book I, Titles Iv-X, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Trilingual Louisiana Civil Code, Book Iv: Conflict Of Laws In English, French, And Spanish, Olivier Moréteau, Mariano Vitetta
Trilingual Louisiana Civil Code, Book Iv: Conflict Of Laws In English, French, And Spanish, Olivier Moréteau, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Public And Private Intermingled: Changes In The Family And Property Laws Of Argentina, Julieta Marotta, Agustín Parise
Public And Private Intermingled: Changes In The Family And Property Laws Of Argentina, Julieta Marotta, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
Leger V. Leger, Jessica Brewer
Confronting The Bias Dichotomy In Jury Selection, Brooks Holland
Confronting The Bias Dichotomy In Jury Selection, Brooks Holland
Louisiana Law Review
The article examines the intractable dichotomy of bias in jury selection in the U.S. and some tips on how to resolve bias like the elimination of peremptory challenges.
The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner
The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner
Louisiana Law Review
Both Montesquieu and Tocqueville thought that an independent judiciary was key to maintaining a moderate government of ordered liberty. But judicial power should not be exercised too openly, or the people would view judges as tyrannical. In Montesquieu's and Tocqueville's view, the jury was an excellent mask for the power of judges. Both Montesquieu and Tocqueville thought that popular juries had many weaknesses in deciding cases. But, as Tocqueville made clear, the firm guidance of the judge in instructions on law and comments on evidence could prevent juries from going astray and make the institution a "free school" for democracy. …
Reasons For The Disappearing Jury Trial: Perspectives From Attorneys And Judges, Shari Seidman Diamond, Jessica M. Salerno
Reasons For The Disappearing Jury Trial: Perspectives From Attorneys And Judges, Shari Seidman Diamond, Jessica M. Salerno
Louisiana Law Review
The article discusses the results of a national survey of U.S. attorneys and judges on the possible reasons behind the disappearing jury trials in the country and the potential system effects on the decline of jury trials.
A Wanted Opioid-Addiction Challenge: How Should Louisiana Allocate Proceeds From Opioid Litigation?, Addison Hollis
A Wanted Opioid-Addiction Challenge: How Should Louisiana Allocate Proceeds From Opioid Litigation?, Addison Hollis
Louisiana Law Review
The article discusses the issues on how the state of Louisiana should allocate the settlement proceeds from opioid litigation and the state's role in the opioid multidistrict litigation (MDL) in the U.S.
An Unbroken Thread: African American Exclusion From Jury Service, Past And Present, Alexis Hoag
An Unbroken Thread: African American Exclusion From Jury Service, Past And Present, Alexis Hoag
Louisiana Law Review
The article examines the historical exclusion and contemporary underrepresentation of African Americans from jury service in the U.S. as of October 2020, and proposes legal and policy solutions to increase their representation in jury pools.
Disentangling Devries: A Manufacturer’S Duty To Warn Against The Dangers Of Third-Party Products, David Judd
Disentangling Devries: A Manufacturer’S Duty To Warn Against The Dangers Of Third-Party Products, David Judd
Louisiana Law Review
The article discusses the ruling by the U.S. Supreme Court in the case Air and Liquid Systems Corp. v. DeVries to examine issues on the product manufacturers' duty to warn against the dangers of third-party products.
Close, But No Cigar: Issues With Louisiana Revised Statutes § 9:2800.27 And The Collateral Source Rule, Andrew G. Jarreau
Close, But No Cigar: Issues With Louisiana Revised Statutes § 9:2800.27 And The Collateral Source Rule, Andrew G. Jarreau
Louisiana Law Review
The article discusses issues on the collateral source rule in Louisiana, the ruling by the state Supreme Court in the case Bozeman v. State, and why the state's Revised Statutes  9:2800.27 contradicts the policy behind tort recovery.
To Impute Or Not To Impute: Independent Insurance Adjuster Liability In Louisiana, Braxton A. Duhon
To Impute Or Not To Impute: Independent Insurance Adjuster Liability In Louisiana, Braxton A. Duhon
Louisiana Law Review
The article discusses issues on the imputation of independent insurance adjuster liability to insurers in Louisiana and the possible legislative and judicial remedies to resolve the ambiguities in state law.
Is The #Metoo Movement For Real? Implications For Jurors’Biases In Sexual Assault Cases, Mary Graw Leary
Is The #Metoo Movement For Real? Implications For Jurors’Biases In Sexual Assault Cases, Mary Graw Leary
Louisiana Law Review
The article discusses the emerging research on the #MeToo movement and its possible effects on the population of potential jurors in the U.S., particularly in sexual assault cases.
Reworking Louisiana’S Private Works Act, L. David Cromwell, Mallory Waller
Reworking Louisiana’S Private Works Act, L. David Cromwell, Mallory Waller
Louisiana Law Review
The article addresses the 2019 revision to the Private Works Act, the culmination of a long history of legislative efforts to protect contractors, laborers, suppliers and others who contribute to the improvement of an immovable, and its significance in Louisiana law.
A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados
A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados
Louisiana Law Review
The article examines the concept of juridical act from both a comparative and Louisiana law perspective to establish the validity of the general theory of juridical acts and to determine the useful components drawn from each system.
A “Modern Family” Issue: Recategorizing Embryos In The 21st Century, Hannah C. Catchings
A “Modern Family” Issue: Recategorizing Embryos In The 21st Century, Hannah C. Catchings
Louisiana Law Review
The article explores the practical consequences that result from Louisiana's human embryo statutory scheme and the language used to define the legal status of pre-implantation embryos.
Will Formalities In Louisiana: Yesterday, Today, And Tomorrow, Ronald J. Scalise Jr.
Will Formalities In Louisiana: Yesterday, Today, And Tomorrow, Ronald J. Scalise Jr.
Louisiana Law Review
The article provides a brief history of wills against the backdrop of the purpose of the form requirements for wills and history of Louisiana's experience with will formalities, the law of yesterday and the law of today.
Permission Granted: The Requirement Of Consent Under The Louisiana Mineral Code, Patrick S. Ottinger
Permission Granted: The Requirement Of Consent Under The Louisiana Mineral Code, Patrick S. Ottinger
Louisiana Law Review
The article addresses the requirement of consent under the Louisiana Mineral Code, which represents the culmination of an effort to codify the law of Louisiana pertaining to mineral rights, including oil and gas.
Let Louisiana’S Bastards Beat The Clock: It’S Time To Amend Article 197, Emily M. Gauthier
Let Louisiana’S Bastards Beat The Clock: It’S Time To Amend Article 197, Emily M. Gauthier
Louisiana Law Review
The article suggests that the Louisiana Legislature can bring clarity to the state's law and provide equity for children born out of wedlock by amending Louisiana Civil Code article 197.
Protecting A Defendant’S Right To Appeal Adverse Judgments Under Louisiana Code Of Civil Procedure Article 966(G), William Bell
Protecting A Defendant’S Right To Appeal Adverse Judgments Under Louisiana Code Of Civil Procedure Article 966(G), William Bell
Louisiana Law Review
The article addresses Louisiana Code of Civil Procedure Article 966(G) about the protection of a defendant's right to appeal adverse judgments.
Le Deuxième Grand Dérangement: Expelling Louisiana’S Taking Of Private Property Through Article 450, Michael C. Schimpf
Le Deuxième Grand Dérangement: Expelling Louisiana’S Taking Of Private Property Through Article 450, Michael C. Schimpf
Louisiana Law Review
The article explains classification of things in Louisiana in relation to water bottom ownership and the state's protection of private property.
October 2020 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
October 2020 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions
Louisiana Bar Exams
No abstract provided.