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Louisiana State University Law Center

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Articles 1 - 30 of 5909

Full-Text Articles in Law

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 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 ...


Cover, Masthead & Contents Nov 2018

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


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.


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 ...


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.


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.


“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.


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.


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.


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.


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.


Negating The Cost Of "I Do": Ending The United States Tax Code's Family Penalty Through Permissive Joint Filing, Christine D. Allie Mar 2018

Negating The Cost Of "I Do": Ending The United States Tax Code's Family Penalty Through Permissive Joint Filing, Christine D. Allie

Louisiana Law Review

No abstract provided.


Stronger Than The Storm: Disaster Law In A Defiant Age, Alexander B. Lemann Mar 2018

Stronger Than The Storm: Disaster Law In A Defiant Age, Alexander B. Lemann

Louisiana Law Review

The article focuses on the laws governing disaster in the U.S., and includes rebuilding after flood; enactment of Disaster Mitigation Act for addressing the same; and Lucas v. South Carolina Coastal Council court case on the same.


Making Cle Voluntary And Pro Bono Mandatory: A Law Faculty Testcase, Rima Sirota Mar 2018

Making Cle Voluntary And Pro Bono Mandatory: A Law Faculty Testcase, Rima Sirota

Louisiana Law Review

The article focuses on removing mandatory continuing legal education (CLE) hours with pro bono service hours in teh U.S., and includes regulations protecting the legal profession and free legal representation; eliminating obstacles to CLE; and maintenance of client-attorney relationship.


Ain't No Sunshine When It's Gone: The Future Of The Louisianasolar Initiative After The Demise Of The Solar Energy Income Taxcredit, Michael Seibert Mar 2018

Ain't No Sunshine When It's Gone: The Future Of The Louisianasolar Initiative After The Demise Of The Solar Energy Income Taxcredit, Michael Seibert

Louisiana Law Review

The article focuses on the impact of demise of the solar energy income tax credit in the U.S. on the future of the Louisiana solar initiative, and includes Louisiana's solar panel incentive structure; solar incentive legislation; and Louisiana's contribution to greenhouse gas emission.


A Vote Against State Nonresident Contribution Limits, Ben Wallace Mar 2018

A Vote Against State Nonresident Contribution Limits, Ben Wallace

Louisiana Law Review

The article discusess history of federal campaign finance law in the U.S., and includes enactment of Federal Election Campaign Act for addressing the same; Buckley v. Valeo court case on the same; and state nonresident contribution limits.


Granting Chevron Deference To Irs Revenue Rulings: The "Charitable" Thing To Do, Kristin E. Oglesby Mar 2018

Granting Chevron Deference To Irs Revenue Rulings: The "Charitable" Thing To Do, Kristin E. Oglesby

Louisiana Law Review

The article focuses on the applicability of the standards of deference provided by the Chevron U.S.A. v. Natural Resources Defense Council, Inc. court case to U.S. Internal Revenue Service revenue rulings, and includes problems arising out of United States v. Mead Corp. court case.


Over-Manipulated And Under-Funded: Louisiana's Pension Problem And Its Impact On Public Employees, Alyssa Depew Mar 2018

Over-Manipulated And Under-Funded: Louisiana's Pension Problem And Its Impact On Public Employees, Alyssa Depew

Louisiana Law Review

The article focuses on challenges surrounding Louisiana's pension system, and its impact on public employees, and includes enactment of Social Security Act and Pension Protection Act for addressing the same; Louisiana State Employees' Retirement System; and offering benifits to public employees.


Attacking Tax Shelters: Galloping Toward A Better Step Transactiondoctrine, Jonathan D. Grossberg Mar 2018

Attacking Tax Shelters: Galloping Toward A Better Step Transactiondoctrine, Jonathan D. Grossberg

Louisiana Law Review

No abstract provided.


Cover, Masthead & Contents Mar 2018

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu Mar 2018

The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu

Journal of Civil Law Studies

No abstract provided.


What Medical Risks Should Physicians Disclose To Their Patients? Towards A Better Standard In American And French Medical Malpractice Law, Alina-Emilia Ciortea Mar 2018

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

No abstract provided.