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Journal of Civil Law Studies

No abstract provided.

Evolutions In European Family Law: Towards A Common Core?, Frédérique Ferrand

Journal of Civil Law Studies

This paper examines developments in European family law and considers whether a common core is gradually emerging. The first part is devoted to the European Union. Under the Treaties, substantive law on family matters, including the legal status of persons, falls within the competence of Member States. However, EU regulations govern jurisdiction and the recognition of court decisions and authentic instruments in several areas directly relevant for families and children in cross-border situations. Although these regulations do not directly deal with substantive family law, they can provide indirectly for a certain harmonization via uniform jurisdiction and recognition rules as well …

The Dynamics Of The Louisiana Civil Codes, Olivier Moréteau

Journal of Civil Law Studies

This article presents a historical survey of the codification of Louisiana civil law from a dynamic perspective, aiming to identify why a digest was preferred over a code, only to be replaced by a code intended to be a better digest. Although attempts to codify Louisiana civil law reconnected it with French sources and methodology after the Spanish period and the United States' purchase, the local legal community resisted the force of codification. The abrogation of the ancient laws, a multilingual ius commune with which judges and lawyers were familiar, generated anxiety in a conservative and educated community. Additionally, a …

Printing The Civil Code Of 1825: A Bibliographic Essay, Warren Billings

Journal of Civil Law Studies

No abstract provided.

Complete V. 17

Journal of Civil Law Studies

No abstract provided.

A Bicentennial Approach To An Exegetical School Of Private Law In Louisiana, Agustín Parise

Journal of Civil Law Studies

This paper is an expansion of the 44th Tucker Lecture on Civil Law. It deals with sources of law, codification, and the place of the civil code in the State of Louisiana. It explores to what extent it is possible to speak of the presence of an exegetical school of private law in Louisiana throughout the life of the Louisiana Civil Code. This paper is divided into five parts. First, it deals with foundational aspects of codification and of the Louisiana Civil Code. Second, it offers a conceptualization of exegesis. Third, it presents a periodization to help analyze the degree …

The Sources Of The Definition Of Legislation In The Louisiana Civil Code, Carlos Amunategui

Journal of Civil Law Studies

No abstract provided.

The Myths And Legal Implications Of Cancel Culture, Yekun Zhou

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Religious Employment And The Tensions Between Liberty And Equality, R. Shawn Gunnarson, James C. Phillips, Christopher A. Bates

BYU Law Review

Located in Title VII of the Civil Rights Act of 1964 is an exemption for religious employers that is often misunderstood. Often courts and commentators mischaracterize it as a narrow privilege for religious employers to hire people of the same religion. But the statute’s text says otherwise. This article resolves interpretive debates about the meaning and application of the religious employer exemption through a close textualist reading that discovers a new understanding of the structure of Title VII. Our approach applies the tools of textualism, the prevailing theory of statutory interpretation. Paying attention to the text and structure of Title …

The Mansion That Disney Built: Revitalizing Antitrust Enforcement In The Film Industry, Drew Chandler

BYU Law Review

The Paramount Decrees, for over sixty years, barred the major film studios from anticompetitive practices like vertical integration and block-booking. The Department of Justice’s decision to sunset the Decrees in 2020 came prematurely, with the movie industry today rocked by major mergers, the advent of streaming, the pandemic, lessened output due to industry strikes, and changing consumer tastes. True, the industry has changed since 1948, but those very changes call for regulatory intervention to avoid repeating the problems of the past.

For example, Disney’s recent merger and acquisition activity, together with the dominance of its in-house streaming service Disney+, is …

Economic Sanctions In International Arbitration Proceedings, Admir Muratović

Loyola of Los Angeles International and Comparative Law Review

The world is witnessing the imposition of new economic sanctions on an every-day basis. After the Russian annexation of the Crimean Peninsula in 2014, and in particular with the invasion of Ukraine in February 2022, the issue of economic sanctions received an upsurge of public scrutiny. Russian investors and companies, a number of which are facing economic sanctions, do substantial businesses in States that imposed sanctions targeting them. At the same time, Russian entities have established business relationships with corporations originating in such States. On the other hand, after the Crimea annexation, Russia adopted certain measures to counter the effect …

Plowing With A Pencil: Policy Approaches For States Squaring Agricultural Interests With Select Public Interests, Mary Eichenberger

Journal of Food Law & Policy

From a fifth-generation wheat farmer on the Kansas plains to a cattle rancher in Montana to a beginning peach producer in Georgia, American agriculture produces, provides, and protects sources of food, fiber, fuel, and shelter. American agriculture, once solely supported by rural family farmers and steeped in an agrarian system, now relies heavily on industrialized operations, creating an arena ripe for the clash of diverse policy perspectives. As farmers produce the food enjoyed at dinner tables across the country, the inevitable impacts of agriculture production on the environment have led to policy and legal arguments surrounding the regulation of agriculture. …

Why Food In The United States May (Still) Never Be Safe: A Look Back At My Over Thirty Years Thinking About Food And The Law, Denis Stearns

Journal of Food Law & Policy

This article can serve a function as a concluding section—a kind of coda—for issues addressed in greater depth by the author (Denis Stearns) before.

This article also allows Sterns to return to a central question that prompted his thought-journey in the first place: Why does the food in this country continue to be so unsafe, despite all of the laws, all of the enforcement efforts, all of the food safety advocacy, and all of the lawsuits filed to recover damages on behalf of people injured and killed year after year. What follows, then, are additional and updated conclusions that thirty …

Did Anderson V. Tiktok Get It Right? Holding Social Media Providers Accountable For Harm To Adolescents, Allison Mitton

BYU Law Review

When dangerous social media challenges go viral and cause harm to adolescents and young children, should the platform be held liable for pushing that content? As it currently stands, Section 230 of the Communications Decency Act of 1934 prevents this from happening. However, Anderson v. TikTok—a recent suit brought on behalf of a ten-year-old girl who died after asphyxiating herself while participating in the viral “Blackout Challenge”—seeks to change that.

The Third Circuit court in Anderson held that social media algorithms should be considered first-party speech, or the platform’s own expressive activity, rather than third-party speech, displaying its users’ expressive …

A Soldierly March Towards Freedom: Treading Through The Great Climate War On The Arms Of Amendments And Fiduciary Duty, Karina Zakarian

Villanova Law Review (1956 - )

No abstract provided.

Six More Weeks Of Winter: The Third Circuit Rejects The Second Circuit’S Lenient Sec Asset Freeze Test And Champions Tradition In Sec V. Chappell, Elayna Tsiouplis

Villanova Law Review (1956 - )

No abstract provided.

Indigenous Law Is Real Law: Ending Erasure Through Legal Reform And Recognition, Callie Mobley

University of Cincinnati Law Review

No abstract provided.

An Exception To Prove The Rule: Rebutting The Presumption Of A Consistent And Definitive Construction, Miles C. Skedsvold

Mercer Law Review

Because the State of Georgia has had ten constitutions since declaring independence from Great Britain, the history of those prior constitutions has a lot to do with understanding the Constitution in force today. In particular, when a provision is carried forward from one constitution to the next without material change, the Supreme Court of Georgia’s decisions interpreting that provision under an earlier constitution can be a key piece of evidence for understanding its meaning in the later one.

The Supreme Court of Georgia calls this piece of the historical inquiry the presumption of a consistent and definitive construction: the provision …

The Right To Keep And Bear Arms In Georgia, John R. Monroe

Mercer Law Review

This Article provides a survey of the right to keep and bear arms in Georgia as it has developed from colonial times to the present. While this Article is not about the Second Amendment, references to that amendment cannot be avoided because the two are intertwined.

The Article follows Georgia’s right to keep and bear arms in roughly chronological order, where discreet periods in history can be seen to have heavy influence on laws impacting the right to keep and bear arms. These periods include Colonial, Antebellum, Civil War years, Reconstruction and late nineteenth century, early twentieth century, and finally …

Torts, Kelly Cahill Timmons

Mercer Law Review

2024–2025 was a big year for tort law in Georgia, particularly on the legislative side. Governor Brian Kemp achieved his primary goal for the 2025 legislative session, working with the Georgia General Assembly to enact significant tort reform measures. These measures change Georgia law on the collateral source rule, the relevance of seatbelt evidence, and—most notably—in the area of negligent security. All of these changes benefit tort defendants. The Supreme Court of Georgia also made its mark on tort law during the Survey period, deciding several cases involving the liability of professionals and adopting rules that— more often than not—benefited …

State And Local Taxation, David Greenberg, Alexus Holton

Mercer Law Review

This Article surveys the most critical and comprehensive changes in Georgia law occurring between June 1, 2024, and May 31, 2025. Most notably, this Article discusses changes to tax credits impacting Georgia’s film industry, further clarifications to Georgia’s taxicab tax regulations, important changes to property taxes on conservation properties, and other important state and local taxation topics.

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Survey covers the period from June 1, 2024–May 31, 2025. The Article discusses developments with respect to lawyer discipline, bar admission and reinstatement, malpractice, ineffective assistance of counsel, disqualification of counsel, judicial misconduct and recusal, attorney’s fees and liens, contempt and other sanctions, unauthorized practice of law, attorney-client privilege, prosecutorial misconduct, amendments to the Georgia Rules of Professional Conduct, advisory opinions, one miscellaneous matter, and potential reforms to the delivery of legal services.

A Return To Roots: Guy V. Housing Authority Of Augusta And The Revival Of Common Law Sovereign Immunity, Macyn L. Nasser

Mercer Law Review

In late 2021, a shooting at a housing complex reignited a centuries-old question: when may a municipality claim the sovereign’s shield? In Guy v. Housing Authority of the City of Augusta (“Guy II”), the Supreme Court of Georgia vacated a court of appeals decision that had analogized a housing authority to a state agency and thus found it immune from suit. In its decision, the supreme court explained that such questions must be resolved by examining whether the entity would have been immune under English common law as it existed in 1776. The case was remanded for the lower court …

Rethinking Judicial Power & Remedial Restraint, Caprice L. Roberts

Catholic University Law Review

This Article maintains that groundbreaking Supreme Court cases reshaping judicial power and restraint are frequently remedies centric. The much- anticipated ruling in Trump v. CASA illustrates this correlation. Interpreting traditional equity, the Supreme Court circumscribed federal judicial power to issue universal relief. The Court relied on Marbury v. Madison to bolster its reasoning on the limits of judicial power. Ironically, both cases denied any remedy while enhancing the potential for future judicial power. Whether via judicial review and supremacy power or the Court’s future ability to now be the only federal court able to issue universal remedies—the Court’s role in …

State Constitutional Law: Developments In Georgia Election Law, Bryan P. Tyson, Bryan F. Jacoutot, Diane F. Laross

Mercer Law Review

Since the 2018 election, the election process in Georgia has been subjected to intense scrutiny both on the campaign trail and in the courtroom through a variety of lawsuits. Cases in superior courts and the Supreme Court of Georgia have challenged everything from candidate eligibility to election outcomes to the voting machines used in elections. While much of the highest-profile litigation has been in federal court, state law regarding election administration and post-election contests has developed in significant ways during that time period. This Article reviews some of the most significant cases involving Georgia election law that have made their …

Does Georgia’S Code Have The Force Of Law? Early Codification Practices And Constitutional Questions, Jake Shatzer

Mercer Law Review

In 1858, Georgia’s General Assembly commissioned the state’s first official code. The legislature appointed three men to assemble a lengthy volume that included all the legislative acts that were in force at the time. Besides statutes, the General Assembly also tasked the codifiers with codifying legal principles of the English common law, Georgia Supreme Court decisions, and English statutes that were still in force. As a result, the codifiers inserted hundreds of provisions into the code that they wrote in an attempt to distill these legal principles into statutory form. When the codifiers’ work was done, the General Assembly adopted …

Zoning And Land Use Law, Newton M. Galloway, Steven L. Jones, Joshua Williams

Mercer Law Review

This year’s Georgia Survey on zoning law analyzes new developments in case law and legislation over the Survey period. It analyzes the impact and aftermath of the Supreme Court of Georgia’s opinion in State v. SASS Group, LLC. SASS Group was the first case arising under the 2020 amendment to the Georgia Constitution of 1983, which permitted a limited waiver of the state’s sovereign immunity for declaratory judgment claims alleging that an action of a government official was unconstitutional. Though SASS Group did not factually involve a zoning decision, its holding impacted how and against whom an appeal of a …

Beyond Gary V. State: Paragraph Xiii And The Future Of Georgia’S Exclusionary Rule, Joshua R. Wright

Mercer Law Review

While lawyers across Georgia routinely file motions to suppress evidence in the state’s superior courts, many may never stop to consider what actually affords their clients that right. Practitioners preparing these motions quickly discover one of the most significant recent developments in modern Georgia criminal law: the debate over the scope of a criminal defendant’s constitutional protection against unreasonable searches and seizures and, more importantly, when courts must suppress evidence obtained in violation of those rights. Will the Georgia Supreme Court overturn Gary v. State in full and adopt a good-faith exception? If so, can criminal defense attorneys look to …

The Next Drug Epidemic Is Legal: The Nation's Kratom Problem Is More Complicated—And More Harmful—Than It Seems, Elizabeth Walsh

Capstones

This two-part health and science investigative piece reports how kratom and its offshoots have quietly fueled a lucrative and legal addiction epidemic for the last decade. While kratom’s derivative alkaloid 7-hyrdoxymitragynine made headlines this year and as the DEA is poised to ban the strong derivative, “natural” kratom and other kratom-derived products will remain. This piece tracks the history of the 'gas‑station opioid' crisis in the U.S. over ten years: what was thought to be an innocuous southeast Asian supplement has become multi-billion dollar industry built on gray‑area laws, marketed falsehoods, and regulatory loophooles.

Part 1: The ‘Gas Station Opioid’ …

Two Major Ontario Hospital Labs Bought Research Dogs From U.S. Breeder With Troubled Pastdogs Bred For Scientific And Medical Testing Suffer Abuse As The Scientific Industry Increasingly Turns To Alternatives For Research., Allison Hunter, Mary Beech, Sami Marshak, Kate Morano

Capstones

The purpose-bred dog breeding industry for research is little known. Each year, thousands of dogs are bred for scientific and medical testing, supplied to research facilities by a handful of major commercial breeders. But gaps in enforcement and regulation have allowed abuses to persist, even as the industry increasingly turns to alternatives to animal testing. Animal rights advocates have been decrying the treatment of these dogs. A federal Inspector General report found lax oversight of the industry, raising further concerns about how dogs are treated. This story was reported in collaboration with the Investigative Journalism Bureau, based in Toronto, and …