Law Commons^™

Trespassing Through Cyberspace: Should Wireless Piggybacking Constitute A Crime Or Tort Under Louisiana Law?, Grant J. Guillot

Louisiana Law Review

No abstract provided.

Unreasonable And Imperfect: Constitutionality Of The Louisiana Medical Malpractice Act's Limit On Recovery, Allison B. Lewis

Louisiana Law Review

No abstract provided.

Non-Parent Visitation In Louisiana: A Post-Troxel View Of Article 136, William Bradley Kline

Louisiana Law Review

No abstract provided.

The Cultural Analysis Of Class Action Law , Catherine Piché

Journal of Civil Law Studies

No abstract provided.

The Bicentennial Of The Louisiana Civil Code (1808-2008), Olivier Moréteau, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Aux Origines De La Culture Juridique Française En Amérique Du Nord, Jacques Vanderlinden

Journal of Civil Law Studies

Some 400 years ago the French discovered what was to become New France or French North America. Their effort of colonization spread on a vast region stretching from present Nova-Scotia in Canada to the Great Lakes region and down the Mississippi to the Gulf of Mexico in Louisiana. Apart from the latter, the two main northern Atlantic colonies were Acadia and Canada (the name for the present Canadian province of Quebec). French presence lasted in Acadia until 1710 and in the last two

(Canada and Louisiana) until the early years of the 1760’s when the former was transferred to Britain …

The Future Of Civil Codes In France And Louisiana, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Mergers And Acquisitions Comparative Economic Analysis Of Laws: France Vs. Usa , Georges A. Cavalier, Thomas Straub

Journal of Civil Law Studies

No abstract provided.

Gustavus Schmidt, The Civil Law Of Spain And Mexico, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Complete V.2

Journal of Civil Law Studies

No abstract provided.

Caveat Emptor’S Current Role In Louisiana And Islamic Law: Worlds Apart Yet Surprisingly Close, Andrea Borroni, Charles Tabor

Journal of Civil Law Studies

Caveat emptor is one of the most well known maxims of the legal world. Interpreters from different countries have their own understanding of this doctrine. At first glance, Louisiana law and Islamic law have nothing in common. Louisiana, at least superficially, adheres to the great civil law tradition that the legislature is supreme. Its primary sources of law are legislation and custom. Islamic law is divine in origin, a direct manifestation of Allah’s will. Its primary sources of law are the Koran and the wisdom of the Prophet Muhammad. Yet, in practice, these two systems have developed surprisingly similar approaches …

Dealing With The Realities Of Race And Ethnicity: A Bioethics-Centered Argument In Favor Of Race-Based Genetics Research, Michael J. Malinowski

Journal Articles

No abstract provided.

Beyond Black Ink: From Langdell To The Oyez Project--The Voice Of The Past, Paul R. Baier

Journal Articles

No abstract provided.

Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, William Corbett, Matthew W. Finkin, Lea Vander Velde, Stephen F. Befort

Journal Articles

No abstract provided.

Randomization In Criminal Justice: A Criminal Law Conversation, Ken Levy, Michael O'Hear, Bernard E. Harcourt, A. Harel

Journal Articles

No abstract provided.

A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski

Journal Articles

This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.

Fixing Employment Discrimination Law, William R. Corbett

Journal Articles

Employment discrimination law in the United States is "broken." The proof structures that are used to analyze claims,rule on motions, and instruct juries are fraught with crucial uncertainties. The state of disrepair is so bad that lawyers and judges do not know how to analyze any given case. It is time for Congress to repair the proof structures through legislation, and it is a propitious time to do so. This article proposes the repairs that Congress should enact.

Respecting, Rather Than Reacting To, Race In Biomedical Research: A Response To Professors Caulfield And Mwaria, Michael J. Malinowski

Journal Articles

This Commentary is part of a colloquy on race-based genetics research.

A Sprig Of Laurel For Chief Justice Calogero, Paul R. Baier

Journal Articles

No abstract provided.

Recodification In Louisiana And Latin America, Olivier Moreteau, Agustín Parise

Journal Articles

No abstract provided.

Seeing The Global Forest For The Trees: How U.S. Federalism Can Coexist With Global Goverance Of Forests, Blake Hudson, Erika Weinthal

Journal Articles

Both international forest and climate negotiations have failed to produce a legally binding treaty that addresses forest management activities - either comprehensively or more narrowly through carbon capture - due, in part, to lack of US leadership. Though US cooperation is crucial for facilitating both forest and climate negotiations, the role of federalism in constraining these trends has been given scant attention. We argue that, as embodied in the US Constitution, federalism complicates the US’s role in creating any legally binding treaty that directly regulates land uses (e.g. forest management). Because federalism reserves primary land use regulatory authority for state …

Hugo Black And Judicial Lawmaking: Forty Years In Retrospect, Paul R. Baier

Journal Articles

No abstract provided.

International Law And Domestic Legitimacy: Remarks Prepared For Lincoln’S Constitutionalism In Time Of War: Lessons For The Current War On Terror?, Scott Sullivan

Journal Articles

No abstract provided.

The Public And Wildlife Trust Doctrines And The Untold Story Of The Lucas Remand, Blake Hudson

Journal Articles

Government attempts to protect ecosystems on private lands are often thwarted by Fifth Amendment takings claims demanding that “just compensation” be paid to the property owner. In the case of Lucas v. South Carolina Coastal Council, the U.S. Supreme Court found that a state statute could survive a takings claim if the state could prove on remand that “background principles of property law” applied to the subject property. Scholarly works since Lucas have argued that “background principles” includes the public and wildlife trust doctrines. However, on remand, the state failed to assert either doctrine in defense of the statute. Though …

Original Jurisdiction Deadlocks, Michael Coenen

Journal Articles

When a member of the Supreme Court is unable to hear a case, the remaining Justices will occasionally split 4-4 on the case's merits. Normally, such a tie vote translates into a summary affirmance of the lower court ruling, but it remains an open question how the Court should deal with deadlock in the original jurisdiction context, where by definition there is no lower court ruling to affirm. The Court has from its inception lacked a clear and principled approach to original jurisdiction deadlocks (OJDs), and as a result it has dealt awkwardly with those it has confronted in the …

Visits To A Small Planet: Rights Talk In Some Science Fiction Film And Television Series From The 1950s To The 1990s, Christine Corcos

Journal Articles

No abstract provided.

The Interference Of Third Parties In Contractual Relations, A Comparative Study, Olivier Moreteau

Journal Articles

No abstract provided.

No.9 - December 2008, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Power Of Attorney, Christine Corcos

Journal Articles

No doubt exists that the drama/farce Ally McBeal, which ran on the Fox Television Network from 1997 to 2002, was a phenomenal success, at least during its middle years (1998-1999). It sparked numerous fan websites in several countries including one devoted to "fan fiction" (a genre in which devotees of a television series or film try their hands at writing scripts), various product spinoffs, a series spinoff (Ally, a thirty minute version that featured only vignettes, no legal drama) and even a Time magazine article that seriously considered whether Ally represents "the end of feminism." Years after the show went …