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Full-Text Articles in Law
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law, Marshall L. Perkins
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law, Marshall L. Perkins
Louisiana Law Review
The article discusses the intent requirement in Louisiana destination law which states that a party claiming predial servitude created by destination must prove the "intent" of the common owner to create the servitude. It analyzes the intent requirement entered into the jurisprudential application of Louisiana civil code and presents a relevant French doctrine on the issue.
The Bp B1 Bundle Ruling: Federal Statutory Displacement Of General Maritime Law, John Costonis
The Bp B1 Bundle Ruling: Federal Statutory Displacement Of General Maritime Law, John Costonis
Journal Articles
Among the many unresolved legal questions posed by BP’s Gulf well blowout are whether and to what extent maritime tort negligence remedies escape displacement by relevant federal statutes, including, principally, the Oil Pollution Act of 1990 (OPA or OPA 90). OPA jurisprudence over two decades holds that OPA displaces these remedies. Contrarily, however, the United States District Court for the Eastern District of Louisiana’s decision in In re Oil Spill by the Oil Rig “Deepwater Horizon” (hereinafter B1 Bundle) insists that general maritime law affords a parallel track to OPA’s remedies for economic and property oil discharge losses suffered by …