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Louisiana State University Law Center

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Articles 1 - 30 of 5932

Full-Text Articles in Law

Cover, Masthead & Contents Nov 2018

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


The Organization Of American States’ Model Law On Simplified Corporations, Francisco Reyes Villamizar Nov 2018

The Organization Of American States’ Model Law On Simplified Corporations, Francisco Reyes Villamizar

Journal of Civil Law Studies

Colombian Law 1258 of 2008 introduced the Simplified Corpo-ration (Sociedad por Acciones Simplificada or SAS). This type of business entity included modern corporate law features such as sim-plified incorporation proceedings, full-fledged limited liability for its shareholders, and broad freedom of contract for the definition of housekeeping and governance rules. It also reduced old-fashioned prohibitions pertaining to shareholders and managers activities and reduced transaction costs. The SAS’s “opt-in” approach also has allowed for private parties to draft the most suitable agreements. The enabling provisions of Law 1258 have been the starting point for the preparation of at least three Model ...


Canada’S Legal Traditions: Sources Of Unification, Diversification, Or Inspiration?, Rosalie Jukier Nov 2018

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 ...


Early 20th Century Perceptions Of Civil Law-Common Law Difference: F.L. Joannini’S Spanish-English Civil Code Translations In Context, Seth S. Brostoff Nov 2018

Early 20th Century Perceptions Of Civil Law-Common Law Difference: F.L. Joannini’S Spanish-English Civil Code Translations In Context, Seth S. Brostoff

Journal of Civil Law Studies

The proper method for translating Spanish and Portuguese civil law concepts into English was a topic of debate among civil law scholars and comparatists at the turn of the last century. This article examines the translation approaches of three Americans (Clifford Walton, F.L. Joannini, and Joseph Wheless) who independently translated the Spanish, Colombian, Argentine, and Brazilian Civil Codes during the period 1899-1920. Specifically, Walton’s (1899) Spanish Civil Code translation’s use of common law English is con-trasted with Joannini’s Colombian (1905) and Argentine (1917) Civil Codes translations’ preference for a “civilian” legal lexicon, including substantial borrowing from ...


The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso Nov 2018

The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso

Journal of Civil Law Studies

Globalisation has seen the development of a body of autono-mous legal rules of international trade that bridge the gap between the two main legal families (common law and civil law). These new rules focus on the function rather than on the dogmatic origin or legal tradition behind a particular norm or principle. In Europe, there are various texts that harmonize private law and which con-form to this model, such as the PECL, the DCFR or the CESL. Within the European Union, this process of informal and decentral-ized rulemaking has not yet resulted in the enactment of a European Civil Code ...


Central America - A First Approach To Tort Liability In The Central American Civil Codes, Claudia María Castro Valle Nov 2018

Central America - A First Approach To Tort Liability In The Central American Civil Codes, Claudia María Castro Valle

Journal of Civil Law Studies

No abstract provided.


Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier Nov 2018

Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier

Journal of Civil Law Studies

No abstract provided.


Dan E. Stigall, The Santillana Codes: The Civil Codes Of Tunisia, Morocco, And Mauritania, Agustín Parise Nov 2018

Dan E. Stigall, The Santillana Codes: The Civil Codes Of Tunisia, Morocco, And Mauritania, Agustín Parise

Journal of Civil Law Studies

No abstract provided.


Complete V.11 No.1 Nov 2018

Complete V.11 No.1

Journal of Civil Law Studies

No abstract provided.


No.44 - September 2018, Center Of Civil Law Studies Sep 2018

No.44 - September 2018, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


July 2018 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions Jul 2018

July 2018 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.


For Thanassi, Robert Thibeaux May 2018

For Thanassi, Robert Thibeaux

Louisiana Law Review

The poem "For Thanassi" by Robert Thibeaux is presented. First Line: Aeschylus found many truths in justice; Last Line: Like the Romans, law's origins, law's odes.


Bond For Deed In Louisiana: 99 Problems But Being A Sale Ain’T One, Endya L. Hash May 2018

Bond For Deed In Louisiana: 99 Problems But Being A Sale Ain’T One, Endya L. Hash

Louisiana Law Review

The article focuses on how parties use bond for deed contracts and treatment of a bond for deed contract as a sale protects the parties, clarifies applicable law, and gives effect to the true nature of this contract in Louisiana.


In Memoriam: Professor A.N. Yiannopoulos, Elizabeth R. Carter May 2018

In Memoriam: Professor A.N. Yiannopoulos, Elizabeth R. Carter

Louisiana Law Review

No abstract provided.


Thanassi Yiannopoulos: Reminiscences Of A Life Well Lived, Katherine Shaw Spaht May 2018

Thanassi Yiannopoulos: Reminiscences Of A Life Well Lived, Katherine Shaw Spaht

Louisiana Law Review

The article focuses on the work of law professor Thanassi Yiannopoulos such as revision of the Louisiana Civil Code, revision of community property law in 1978 and mentions his intellectual ability.


A Tribute To Thanassi: The Influence Of Justinian On American Common Law Property, Sally Brown Richardson May 2018

A Tribute To Thanassi: The Influence Of Justinian On American Common Law Property, Sally Brown Richardson

Louisiana Law Review

In this article, the author discusses the contribution of law professor A.N. Thanassi Yiannopoulos towards property law and mentions civil law's impact on American property law and fluidity of property rights.


What Law Governs Forum Selection Clauses, Symeon C. Symeonides May 2018

What Law Governs Forum Selection Clauses, Symeon C. Symeonides

Louisiana Law Review

The article focuses on the laws regarding forum selection clauses present in choice-of-law question and systems require the chosen court to undertake a choice of-law analysis for selecting the state when law of the forum state.


Good Faith In Louisiana Property Law, John A. Lovett May 2018

Good Faith In Louisiana Property Law, John A. Lovett

Louisiana Law Review

The article focuses on role of good faith with a prerequisite to the establishment of a predial servitude benefiting the owner of a building that encroaches on the property of a neighbor and immovable property without a valid title.


Demystifying Enrichment Without Cause, Nikolaos A. Davrados May 2018

Demystifying Enrichment Without Cause, Nikolaos A. Davrados

Louisiana Law Review

The article examines the characteristic features, and underlying principles of enrichment without cause as a source of obligations and a special expression of the more general principle of unjustified enrichment and application of enrichment without cause in Louisiana law.


Brainstorming Solutions To Rainstorms: State Liability For Construction In Flood Zones, Derbigny Willis May 2018

Brainstorming Solutions To Rainstorms: State Liability For Construction In Flood Zones, Derbigny Willis

Louisiana Law Review

The article focuses on state and federal roles in flood mapping, flood insurance, and regulations in flood zones and examines the East Baton Rouge Parish Metropolitan Council, Louisiana and amended building code in response to the August 2016 flood.


Alexander V. Express Energy Operating Services, L.P.: The Fifth Circuit’S Voyage Away From Reality And The Seamen Renounced In Its Wake, Colton V. Acosta May 2018

Alexander V. Express Energy Operating Services, L.P.: The Fifth Circuit’S Voyage Away From Reality And The Seamen Renounced In Its Wake, Colton V. Acosta

Louisiana Law Review

The article focuses on the decision of the U.S. Fifth Circuit Court of Appeals in the case Alexander v. Express Energy Operating Services, L.P. wherein the Court held that the employee work on board a vessel for determining seaman status and exposes employers to greater liability.


Policing Hate: The Problematic Expansion Of Louisiana’S Hate Crime Statute To Include Police Officers, Savannah Walker May 2018

Policing Hate: The Problematic Expansion Of Louisiana’S Hate Crime Statute To Include Police Officers, Savannah Walker

Louisiana Law Review

The article focuses on purpose of hate crime laws of Louisiana through historical context and analyzes the inconsistencies in the Blue Lives Matter amendment, and predicts the consequences the amendment will have on hate crime.


What Are Courts For? Have We Forsaken The Procedural Goldstandard?, Arthur R. Miller Apr 2018

What Are Courts For? Have We Forsaken The Procedural Goldstandard?, Arthur R. Miller

Louisiana Law Review

The article focuses on procedural gold standard in the civil justice system with stop signs such as personal jurisdiction, class actions and summary judgment and mentions privatization of civil dispute resolution.


Revisiting The “Content-Of-Laws” Enquiry In International Arbitration, Soterios Loizou Apr 2018

Revisiting The “Content-Of-Laws” Enquiry In International Arbitration, Soterios Loizou

Louisiana Law Review

No abstract provided.


A New Natural Law Reading Of The Constitution, Santiago Legarre Apr 2018

A New Natural Law Reading Of The Constitution, Santiago Legarre

Louisiana Law Review

The article focuses on how natural law can factor into constitutional interpretation in subtle but significant ways and mentions natural law has two different levels of presence in constitutional law.


Stranger Than Fiction: How Lawyers Can Accurately Andrealistically Tell A True Story By Using Fiction Writers’Techniques That Make Fiction Seem More Realistic Than Reality, Cathren Page Apr 2018

Stranger Than Fiction: How Lawyers Can Accurately Andrealistically Tell A True Story By Using Fiction Writers’Techniques That Make Fiction Seem More Realistic Than Reality, Cathren Page

Louisiana Law Review

The article focuses on how attorneys can make their true stories actually appear to be so by using some of the same techniques that fiction writers use to make fiction seem real and concept of verisimilitude and outlines some of the traits of the concrete.


Doing Aweigh With Uncertainty: Navigating Jones Act Seamen’Sclaims Against Third Parties, Sara B. Kuebel Apr 2018

Doing Aweigh With Uncertainty: Navigating Jones Act Seamen’Sclaims Against Third Parties, Sara B. Kuebel

Louisiana Law Review

The article focuses on Jones Act as per which seaman may recover punitive damages from a third-party non-employer and law should afford seamen and non-seafarers the same protections under general maritime law against non-employer and protecting seamen as the wards of admiralty.


“Bring Your Gun To Work” And You’Re Fired: Terminatedemployees’ Potential Rights For Violations Of Parking Lot Laws, Malerie Leigh Bulot Apr 2018

“Bring Your Gun To Work” And You’Re Fired: Terminatedemployees’ Potential Rights For Violations Of Parking Lot Laws, Malerie Leigh Bulot

Louisiana Law Review

The article focuses on constitutionality of Parking Lot laws and tort of wrongful discharge with public policy and whistleblower and the issues regarding gun-storing employee's right of action against a former employer who violated a state's Parking Lot law.


You Sell Molly, I’Ll Sell Holly: Prosecuting Sex Trafficking In Theunited States, Tiffany Dupree Apr 2018

You Sell Molly, I’Ll Sell Holly: Prosecuting Sex Trafficking In Theunited States, Tiffany Dupree

Louisiana Law Review

The article focuses on facets of sex trafficking and addresses common misconceptions related to the crime and by making sex trafficking a strict liability crime and implementing innovative prosecution strategies equips the U.S. to abolish sex slavery.


Criminalization Of Cyberbullying: The Constitutionality Of Creatingan Online Neverland For Children Under A Tinker-Bell Analysis, Randall Morgan Briggs Apr 2018

Criminalization Of Cyberbullying: The Constitutionality Of Creatingan Online Neverland For Children Under A Tinker-Bell Analysis, Randall Morgan Briggs

Louisiana Law Review

The article focuses on criminal cyberbullying statute of Louisiana and significance of the fundamental right of free speech in the U.S. and exceptions to First Amendment protections recognized by the U.S. Supreme Court and changes to constitutional protection for children.