Law Commons^™

Restating The Civil Law Of Quasi-Contract: Negotiorum Gestio And Unjust Enrichment, Nikolaos A. Davrados

Journal of Civil Law Studies

This Article restates the Louisiana civil law of negotiorum gestio and unjust enrichment, one decade after the common-law Third Restatement of Restitution and Unjust Enrichment. The Article first redefines and re-designates the term "quasi-contract" from a false source of obligations to a valid practical term describing the two separate institutions of negotiorum gestio and unjust enrichment. Based on this renewed understanding of quasi-contract, the Article proceeds to a detailed commentary on the revised Louisiana law of negotiorum gestio and unjust enrichment (which includes the special action for payment of a thing not due and the general action for enrichment without …

Legal Education In Argentina: A Plea For Comparative Law In A Multicultural Environment, Agustín Parise

Louisiana Law Review

The article explores multiculturalism and comparative law within law schools in Argentina, and includes an overview of the legal education and the challenges that education faces in the country.

The European Court Of Justice At Work: Comparative Law On Stage And Behind The Scenes, Michele Graziadei

Journal of Civil Law Studies

The European Court of Justice (ECJ) has often been hailed as an engine of European integration. Entrusted with the task of securing the uniform interpretation of the law of the European Union—among other functions—the ECJ makes use of comparative law for a variety of purposes. The very composition of the Court and its peculiar linguistic regime make the Court a major comparative law laboratory. Under the Treaties, the Court is explicitly authorised to resort to comparative law as a method of judicial interpretation with regard to certain aspects of European law. But comparative law is an essential tool for the …

The Words Of Comparative Law, Olivier Moréteau

Journal Articles

While the word "comparative" refers to a cognitive and intellectual activity supposing that there are several elements to compare, the word "law" is used in the singular, as if law was to be compared to itself The whole phrase indicates that comparison takes place within the study of the law, but the use of the singular does not point to a pluralistic approach: what do we mean by law? Should we not talk about "comparing the laws" or "legal comparison"? With a reflection on the words of the law as a starting point, this paper visits the corpus of comparative …

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

Journal of Civil Law Studies

No abstract provided.

Canada’S Legal Traditions: Sources Of Unification, Diversification, Or Inspiration?, Rosalie Jukier

Journal of Civil Law Studies

Quebec, the only province within Canada to follow the civil law tradition, is an ideal microcosm for the study of unity and diversity within legal orders. The question of whether Quebec’s civilian legal tradition should be interpreted and applied so as to be in unity with the common law or, rather, adhere to its own distinct legal culture has pervaded doctrine and jurisprudence for over a century. Inter-estingly, the pendulum has swung widely. Quebec has seen moments when the philosophy of the Supreme Court of Canada was one of unification and harmonization of Quebec law with the common law tradition, …

What Medical Risks Should Physicians Disclose To Their Patients? Towards A Better Standard In American And French Medical Malpractice Law, Alina-Emilia Ciortea

Journal of Civil Law Studies

This essay discusses the historical and evolutionary back-ground of the doctrine of informed consent in medical malpractice cases in order to provide the reader with a detailed and a unique comparative perspective of the law in the United States and in France, along with some cross-references to other legal systems across the globe.

In order to achieve the desired goal, this paper conducts the analysis based on a hypothetical situation. Starting from these facts, the paper shows how and if the American and the French standards addressing the scope of the physician’s duty to disclose the risks intrinsic to the …

China: Fragmented Rights And Tragedy Of Anticommons:Evidence From China’S Coastal Waters, Bing Shui

Journal of Civil Law Studies

The ownership of, and rights to, coastal waters are exhibited on a cumulative scale ranging from commons-like to private use. As an example of a natural resource with complex and interlinked ecosystems, coastal waters give rise to many kinds of legal norms and pol-icy instruments. As shown by my investigation of China’s coastal waters, people are willing to pay for legal rights which guarantee exclusive access, regardless of the relatively high cost. The statistical data further reveals that, when coastal waters are divided, there is a negative correlation between fragmentation of the seas and sea-based production. Therefore, based on the …

Rewards And Challenges Of Teaching Comparative Law In The Commonwealth Caribbean, Asya Ostroukh

Louisiana Law Review

No abstract provided.

Advice And Consent Vs. Silence And Dissent? The Contrasting Roles Of The Legislature In U.S. And U.K. Judicial Appointments, Mary L. Clark

Louisiana Law Review

No abstract provided.

When The Clouds Hung Oppressively Low In The Heavens: Unhealthy Cost-Cutting In France And In The U.S., Pierre Loiseau

Louisiana Law Review

No abstract provided.

Convergence In Contort: Landlord Liability For Defective Premises In Comparative Perspective, Melissa T. Lonegrass

Journal Articles

No abstract provided.

Punitive Damages - A European Perspective, Helmut Koziol

Louisiana Law Review

No abstract provided.

Dusting Off The Code: Using History To Find Equity In Louisiana Contract Law, Charles Tabor

Louisiana Law Review

No abstract provided.

Revisiting Contra Non Valentem In Light Of Hurricanes Katrina And Rita, Benjamin West Janke

Louisiana Law Review

No abstract provided.

Policing The Compensation Of Victims Of Catastrophes: Combining Solidarity And Self-Responsibility, Olivier Moreteau

Journal Articles

No abstract provided.

Opening Remarks, Olivier Moreteau

Louisiana Law Review

No abstract provided.

A Global Concept Of Justice - Dream Or Nightmare? Looking At Different Concepts Of Justice Or Righteousness Competing In Today's World, Stathis Banakas

Louisiana Law Review

No abstract provided.

What Kind Of Law Making In A Global World? The Case Of Africa, Jacques Vanderlinden

Louisiana Law Review

No abstract provided.

When Is The Use Of Foreign Law Possible? A Hard Case: The Protection Of Privacy In Europe And The United States, James Gordley

Louisiana Law Review

No abstract provided.

Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.

Louisiana Law Review

No abstract provided.

Mixed Legal Systems... And The Myth Of Pure Laws, Vernon Valentine Palmer

Louisiana Law Review

No abstract provided.

Closing Remarks, Saúl Litvinoff

Louisiana Law Review

No abstract provided.

Post Scriptum To Law Making In A Global World: From Human Rights To A Law Of Mankind, Olivier Moreteau

Louisiana Law Review

No abstract provided.

Unitary Law Re-Form, Pluralistic Law Re-Substance: Illuminating Legal Change, Roderick A. Macdonald

Louisiana Law Review

No abstract provided.

Development Of A New Legal System In The People's Republic Of China, Volker Behr

Louisiana Law Review

No abstract provided.

Law Making In The European Union: On Globalization And Contract Law In Divergent Legal Cultures, Jan M. Smits

Louisiana Law Review

No abstract provided.

From Baton Rouge To Baghdad: A Comparative Overview Of The Iraqi Civil Code, Dan E. Stigall

Louisiana Law Review

No abstract provided.

No Longer The Ugly Duckling: The European Courtof Human Rights Recognizes Transsexual Civil Rights In Goodwin V. United Kingdom And Sets The Tone For Future United States Reform, Betty C. Burke

Louisiana Law Review

No abstract provided.

The Gay Man And His Civil Code, Michael Mcauley

Louisiana Law Review

No abstract provided.