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Articles 601 - 630 of 6749
Full-Text Articles in Law
No.37 - November 2016, Center Of Civil Law Studies
No.37 - November 2016, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
The Constitution As Code: Teaching Justinian’S Corpus,Scalia’S Constitution, And François Gény, Louisiana Andbeyond—Par La Constitution, Mais Au-Delà De La Constitution, Paul R. Baier
Journal of Civil Law Studies
No abstract provided.
Postscript To The Constitution As Code By Paul R. Baier, Nicholas Kasirer
Postscript To The Constitution As Code By Paul R. Baier, Nicholas Kasirer
Journal of Civil Law Studies
No abstract provided.
The Duty Of Good Faith Taken To A New Level:An Analysis Of Disloyal Behavior, Thiago Luís Sombra
The Duty Of Good Faith Taken To A New Level:An Analysis Of Disloyal Behavior, Thiago Luís Sombra
Journal of Civil Law Studies
By focusing on improving the role of certain mechanisms for controlling private autonomy under a crisis of liberal values, contract law has reached an objective and straight dimension. The prohibition of disloyal or inconsistent behavior, also known as venire contra factum proprium in Roman Law, constitutes one of the concepts that is renowned for protecting the trust relationship. The prohibition of disloyal behavior lies in avoiding contradictory behaviors regarding previous manifestations of will that are based on good faith and that can cause damages. This article aims to challenge the main reason why disloyal behavior should be limited by good …
Traduction Ou Trahison, Vivian Grosswald Curran
Traduction Ou Trahison, Vivian Grosswald Curran
Journal of Civil Law Studies
No abstract provided.
International Trade V. Intellectual Property Lawyers:Globalization And The Brazilian Legal Profession, Vitor Martins Dias
International Trade V. Intellectual Property Lawyers:Globalization And The Brazilian Legal Profession, Vitor Martins Dias
Journal of Civil Law Studies
In the context of globalization, this work analyzes a distinctive characteristic of the Brazilian legal profession. Namely, intellectual property (IP) lawyers, who played important roles in opening the Brazilian economy and who were key players in cross-border transactions, are now losing ground to their peers with respect to expertise in international trade. The thesis of this article is that the manner in which Brazilian lawyers are being educated is problematic. Generally, Brazilian legal education has become degraded and provincial. Yet, Brazilian international trade lawyers, unlike Brazilian IP lawyers, have overcome their deficient legal training by seeking legal education abroad. By …
Langages Du Droit Et Styles En Traduction :Common Law Vs. Droit Civil : An Odd Couple ?, Jean-Claude Gémar
Langages Du Droit Et Styles En Traduction :Common Law Vs. Droit Civil : An Odd Couple ?, Jean-Claude Gémar
Journal of Civil Law Studies
No abstract provided.
A Space In-Between—Legal Translation As A ‘Third Space’, Anne Wagner
A Space In-Between—Legal Translation As A ‘Third Space’, Anne Wagner
Journal of Civil Law Studies
No abstract provided.
Pourquoi Traduire Un Code, Hier Et Aujourd’Hui ?, Sylvie Monjean-Decaudin
Pourquoi Traduire Un Code, Hier Et Aujourd’Hui ?, Sylvie Monjean-Decaudin
Journal of Civil Law Studies
No abstract provided.
The Louisiana Civil Code Translation Project:A Libertarian View On The Possible Destinyof A Trilingual “Footnote”, François-Xavier Licari
The Louisiana Civil Code Translation Project:A Libertarian View On The Possible Destinyof A Trilingual “Footnote”, François-Xavier Licari
Journal of Civil Law Studies
No abstract provided.
The Louisiana Civil Code In French:Translation And Retranslation, Olivier Moréteau
The Louisiana Civil Code In French:Translation And Retranslation, Olivier Moréteau
Journal of Civil Law Studies
The first codes of Louisiana (1808 and 1825) were written in French and translated into English. When the Civil Code was revised in 1870, it was written in English only. Recent revisions, all in English, aim at promoting a civilian vocabulary that differs from that of the common law. This article discusses the translation of the Louisiana Civil Code from English to French in the context of the steep decline and limited revival of the French language usage in Louisiana. It explores the purpose and the implementation process of the translation project, detailing every step, and identifying linguistic and legal …
Revision And Translation: The Louisiana Experience, Alexandru-Daniel On
Revision And Translation: The Louisiana Experience, Alexandru-Daniel On
Journal of Civil Law Studies
No abstract provided.
The Concordancias Of Saint-Joseph: A Nineteenth-Centuryspanish Translation Of The Louisiana Civil Code, Agustín Parise
The Concordancias Of Saint-Joseph: A Nineteenth-Centuryspanish Translation Of The Louisiana Civil Code, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
Québec, Canada - Loyalty In Québec Private Law, Caroline Le Breton-Prévost
Québec, Canada - Loyalty In Québec Private Law, Caroline Le Breton-Prévost
Journal of Civil Law Studies
This paper provides an overview of the duty of loyalty in Québec private law. It dispels uncertainty regarding the duty’s nature and then analyzes the duty of loyalty in the Civil Code of Québec. In doing so, this paper takes into account the mixed origins of the duty by establishing certain parallels with the common law. Ultimately, this paper suggests that the duty of loyalty arises when a legal actor has the power to act within the legal sphere of another
The Struggle For European Private Law:A Critique Of Codification, Agustín Parise
The Struggle For European Private Law:A Critique Of Codification, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle
The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle
Louisiana Law Review
The article examines the laws concerning juvenile dispositions and sentences responsible for accountability, victim restoration, and retribution in the U.S. It reports that the U.S. Supreme Court has issued a number of opinions emphasizing that the U.S. Constitution's Eighth Amendment requires that the punishment of children must account for their lesser moral culpability, developmental immaturity, and potential for rehabilitation.
Cell Phone Location Tracking: Reforming The Standard To Reflect Modern Privacy Expectations, Shannon Jaeckel
Cell Phone Location Tracking: Reforming The Standard To Reflect Modern Privacy Expectations, Shannon Jaeckel
Louisiana Law Review
The article examines the history of cell site location information (CSLI) technology and the relevant federal statutes. Topics discussed include mechanics and content of CSLI data; advances in CSLI technology and the importance of this information to law enforcement; and need of Louisiana legislature be proactive in adopting a comprehensive CSLI.
Incomplete Sentences: Hobby Lobby’S Corporate Religious Rights, The Criminally Culpable Corporate Soul, And The Case For Greater Alignment Of Organizational And Individual Sentencing, Kenya J.H. Smith
Louisiana Law Review
The article explores the history and policies that explain the disparate sentencing treatment of organizations and individuals under the Sentencing Reform Act of 1984 and attendant sentencing guidelines. It reports the Supreme Court's recognition of a business corporation's religious rights in the case "Burwell v. Hobby Lobby Stores, Inc."
The Road To Understanding The Confrontation Clause: Ohio V. Clark Makes A U-Turn, Julien Petit
The Road To Understanding The Confrontation Clause: Ohio V. Clark Makes A U-Turn, Julien Petit
Louisiana Law Review
The article discusses the Confrontation Clause and summarizes the state of the law before the U.S. Supreme Court's decision in the case "Ohio v. Clark." Topics discussed include problems that the decision caused and how these problems affect the admissibility of statements into evidence; and ways in which use of Confrontation Clause teat can eliminate confusion related to issue.
Slavery Under The Thirteenth Amendment: Race And The Law Of Crime And Punishment In The Post-Civil War South, Peter Wallenstein
Slavery Under The Thirteenth Amendment: Race And The Law Of Crime And Punishment In The Post-Civil War South, Peter Wallenstein
Louisiana Law Review
The article discusses how the Thirteenth Amendment of the U.S. Constitution expressly permitted a recurrence of slavery, provided only that such enslavement constitutes a punishment for violating a criminal statute. It reports new forms of slavery that spread across the South in ways more or less consistent with the language of the Thirteenth Amendment.
Restitution And The Excessive Fines Clause, Kevin Bennardo
Restitution And The Excessive Fines Clause, Kevin Bennardo
Louisiana Law Review
The article offers solutions to further the conversation regarding the U.S. constitution's Eighth Amendment's limits on restitution. Topics discussed include application of Excessive Fines Clause; the case law interpreting the Excessive Fines Clause of the Eighth Amendment; and ways in which Excessive Fines Clause should be applied to restitution in criminal cases.
The Lack Of Money Is The Root Of All Evil: Louisiana’S Ban On Bail Without Surety, Gabriel Loupe
The Lack Of Money Is The Root Of All Evil: Louisiana’S Ban On Bail Without Surety, Gabriel Loupe
Louisiana Law Review
The article presents a historical overview of bail and due process of law in Louisiana. Topics discussed include the Louisiana Code of Criminal Procedure article 334.4 imposes a ban on judges releasing defendants; constitutionality of Article 334.4; and laws aimed to prevent violation of procedural due process, equal protection, and the excessive bail clauses of the Louisiana.
By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials
By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials
Louisiana Law Review
The article argues how states should not allow philosophical exemptions and should either retain or create religious exemptions that meet certain requirements under the Free Exercise Clause, the Due Process Clause, and the Establishment Clause. It reports the U.S. Supreme Court's jurisprudence regarding parental rights in cases 'Jacobson v. Massachusetts' and 'Zucht v. King.'