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Articles 1 - 12 of 12
Full-Text Articles in Law
Reconciling Property Rights With Carbon Capture And Storage, Keith B. Hall
Reconciling Property Rights With Carbon Capture And Storage, Keith B. Hall
Journal Articles
No abstract provided.
Ashes To Ashes—The Coronavirus, Ebola, And The Erosion Of Liberty And Property Interests In The Fight Against Communicable Diseases, Casey C. Dereus
Ashes To Ashes—The Coronavirus, Ebola, And The Erosion Of Liberty And Property Interests In The Fight Against Communicable Diseases, Casey C. Dereus
Louisiana Law Review
The article examines how national and state governments in the U.S. are exercising their authority to stop the spread of communicable diseases like COVID-19 and Ebola and their impacts on the rights of physical liberty and property rights of Americans.
A Historical Perspective On Public Access To Private Canals— Vermilion Corp. V. Vaughn, Jason P. Theriot
A Historical Perspective On Public Access To Private Canals— Vermilion Corp. V. Vaughn, Jason P. Theriot
Louisiana Law Review
No abstract provided.
Le Deuxième Grand Dérangement: Expelling Louisiana’S Taking Of Private Property Through Article 450, Michael C. Schimpf
Le Deuxième Grand Dérangement: Expelling Louisiana’S Taking Of Private Property Through Article 450, Michael C. Schimpf
Louisiana Law Review
The article explains classification of things in Louisiana in relation to water bottom ownership and the state's protection of private property.
Are Premarital Agreements Really Unfair?: An Empirical Study, Elizabeth Carter
Are Premarital Agreements Really Unfair?: An Empirical Study, Elizabeth Carter
Journal Articles
The article focuses on unfair treatment of premarital agreements and data of the people who entered into premarital agreements including age at marriage, race, and political affiliation. It mentions substance of the premarital agreements including how the agreements divide property and whether the agreements waive spousal support. It also mentions premarital agreements involve the waiver of property rights.
The Societal Impacts Of Climate Anomalies During The Past 50,000 Years And Their Implications For Solastalgia And Adaptation To Future Climate Change, Edward P. Richards
The Societal Impacts Of Climate Anomalies During The Past 50,000 Years And Their Implications For Solastalgia And Adaptation To Future Climate Change, Edward P. Richards
Journal Articles
No abstract provided.
Gay Marriage And The Problem Of Property, Andrea B. Carroll, Christopher K. Odinet
Gay Marriage And The Problem Of Property, Andrea B. Carroll, Christopher K. Odinet
Journal Articles
The Supreme Court's gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as varied as adoption and taxes, a myriad of rights have now descended upon gay couples as a result of the Court's ruling. In this Commentary, we explore the little discussed downsides of the decision when it comes to the property rights and debts of the spouses. This is particularly important when considering the rights of third parties and their settled expectations in the context of retroactivity, as well the ways in which the Court's decision may …
Vendor’S Privilege: Adheret Visceribus Rei, L. David Cromwell
Vendor’S Privilege: Adheret Visceribus Rei, L. David Cromwell
Louisiana Law Review
The article offers information on the vendor's privilege on the mortgage debt as stated by the Louisiana Supreme Court. Topics discussed include failure of timely transcription of the mortgage do not affect the vendor's privilege, effectiveness for failure of timely reinscription, and formulation of vendor's privilege law traces back to Code Napoléon.
Sharp Curves Ahead: Analyzing Dedications To Public Use In Louisiana After Webb V. Franks Investment Co., Ben Jumonville
Sharp Curves Ahead: Analyzing Dedications To Public Use In Louisiana After Webb V. Franks Investment Co., Ben Jumonville
Louisiana Law Review
The article offers information on the history, purpose and significance application of the dedication law by Louisiana courts in transfer ownership case of Webb v. Franks Investment Co. It discusses the judicial decision of the Louisiana Supreme Court in the case of St. Charles Parish School Board v. P & L Investment Corp. applied the presumption for formal dedications transfer ownership of land to the public use.
The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter
The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter
Journal Articles
The article focuses on the equal management laws in the community property reform for the well-being and future prosperity of the family. Topics discussed include separate property regime and the community property regime in the U.S., examines the history of the reform era and argues that equality was not the primary goal of the legal reform and examines how spouses actually managed their money in the pre-1970s era.
Hey! That’S My Llc!: The Importance Of Looking To Facts, Not Initial Reports, To Resolve Membership Disputes In Louisiana Member-Managed Llcs, Emily J. Gill
Louisiana Law Review
The article focuses on membership disputes in Louisiana Member-Managed LLCs. Topics discussed include the organizational documents that can be filed with the secretary of state in the formation and operation of an LLC, unique initial report of the member-managed LLC and the courts' confusion of its probative value, and facts and circumstances in the resolution of ownership disputes in closely held corporations.
The Superior Position Of The Creditor In The Community Property Regime: Has The Community Become A Mere Creditor Collection Device?, Andrea B. Carroll
The Superior Position Of The Creditor In The Community Property Regime: Has The Community Become A Mere Creditor Collection Device?, Andrea B. Carroll
Journal Articles
This article is a first step in an effort to critically examine the continued vitality of the community regime for regulating spousal property. Specifically, the article examines the American community property regimes in light of how they measure up against non-community property states in terms of creditor protection. The results are often surprising. The community regime grants creditors access to a variety of property for all manner of debts. For instance, the entirety of the community property, including the non-debtor spouse's wages, may be seized in some community property states for the other's premarital debts. That the non-debtor spouse has …