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Articles 1 - 30 of 6219
Full-Text Articles in Law
Sparking A Revolution Or Blowing Smoke: Feasibility Of Undergrounding Transmission Lines In Response To Recent Wildfires And The Push Toward Resilient Renewable Energy, Zachary D. Berryman
Sparking A Revolution Or Blowing Smoke: Feasibility Of Undergrounding Transmission Lines In Response To Recent Wildfires And The Push Toward Resilient Renewable Energy, Zachary D. Berryman
LSU Journal of Energy Law and Resources
No abstract provided.
The Impact Of The Inflation Reduction Act On Energy Justice And Green Energy Development In Indian Country, John Beaty
The Impact Of The Inflation Reduction Act On Energy Justice And Green Energy Development In Indian Country, John Beaty
LSU Journal of Energy Law and Resources
In the past two decades, many American Indian Tribes have been experimenting with generating power from renewable sources on reservations. The growth of tribal green energy is a positive step towards energy justice, but current projects are hampered by insufficient funding, jurisdictional confusion, lack of needed infrastructure, and a baroque permitting process that leaves necessary projects languishing. The recent omnibus spending bill, the Inflation Reduction Act (IRA) was trumped by Congress as the largest investment into tribal green energy ever. This Article critically analyzes the impact of the IRA on tribal energy. While the IRA represents a necessary move towards …
Mail Matters: Posting In The “Oil Patch”, Patrick S. Ottinger
Mail Matters: Posting In The “Oil Patch”, Patrick S. Ottinger
LSU Journal of Energy Law and Resources
No abstract provided.
The Road To Hell Is Paved With Good Intentions (And Master Settlement Agreements): Alternatives To Climate Litigation Informed By Cautionary Tales Of Tobacco And Opioid, Natalie Marionneaux
The Road To Hell Is Paved With Good Intentions (And Master Settlement Agreements): Alternatives To Climate Litigation Informed By Cautionary Tales Of Tobacco And Opioid, Natalie Marionneaux
LSU Journal of Energy Law and Resources
No abstract provided.
The Good, The Bad And The Crude: An Analysis Of Trafigura V. United States And The Per-Barrel Crude Oil Export Tax, Adam Guarisco
The Good, The Bad And The Crude: An Analysis Of Trafigura V. United States And The Per-Barrel Crude Oil Export Tax, Adam Guarisco
LSU Journal of Energy Law and Resources
No abstract provided.
Setting The Record Straight: An Analysis Of The Administrative Procedure Act’S “Record Rule” In Harrison County, Mississippi V. U.S. Army Corps Of Engineers, Levin B. Pinho Jr.
Setting The Record Straight: An Analysis Of The Administrative Procedure Act’S “Record Rule” In Harrison County, Mississippi V. U.S. Army Corps Of Engineers, Levin B. Pinho Jr.
LSU Journal of Energy Law and Resources
No abstract provided.
Cueto-Rúa’S Judicial Methods Of Interpretation Of The Law: A Guide For The Future, Olivier Moréteau
Cueto-Rúa’S Judicial Methods Of Interpretation Of The Law: A Guide For The Future, Olivier Moréteau
Journal of Civil Law Studies
No abstract provided.
Judicial Methods Of Interpretation Of The Law (Excerpts), Julio C. Cueto-Rúa
Judicial Methods Of Interpretation Of The Law (Excerpts), Julio C. Cueto-Rúa
Journal of Civil Law Studies
No abstract provided.
No Trespassing: The Legal Origins Of Louisiana’S Water Access Dispute, Karly Kyzar Dorr
No Trespassing: The Legal Origins Of Louisiana’S Water Access Dispute, Karly Kyzar Dorr
Journal of Civil Law Studies
Since the birth of the civil law tradition, the public’s right to access and use running waters has been recognized and protected through written legal sources, statutes, and codes. However, although the State of Louisiana is often lauded as the “Sportsman’s Paradise,” the current judicial interpretation of water access rights has restricted the public’s ability to use waterways, in particular running waters, for recreational pursuits such as fishing and hunting. The purpose of this essay is first to highlight the trajectory of the development of the law relative to the public’s right to access and use running waters. The analysis …
Bilingual English-Spanish Louisiana Civil Code, Book Iii, Titles Iii-V, Mariano Vitetta
Bilingual English-Spanish Louisiana Civil Code, Book Iii, Titles Iii-V, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Covid-19 And The Italian Legal System, Laura Maria Franciosi
Covid-19 And The Italian Legal System, Laura Maria Franciosi
Journal of Civil Law Studies
COVID-19 hit Italy with particular violence. Then spreading around Europe and worldwide, the virus raised unprecedented issues requiring the implementation of urgent measures to prevent its propagation. This Article focuses on selected topics of the Italian civil law particularly affected by the rise of COVID-19 and tries to provide brief comparative remarks. Namely, after summarizing the most important events that occurred in Italy––originating from the discovery of the first Italian case of COVID-19 in Codogno––it outlines relevant social and legal scenarios. This Article also concentrates on commercial lease contracts, and subsequently addresses the legal implications of vaccination, with reference to …
Restating The Civil Law Of Quasi-Contract: Negotiorum Gestio And Unjust Enrichment, Nikolaos A. Davrados
Restating The Civil Law Of Quasi-Contract: Negotiorum Gestio And Unjust Enrichment, Nikolaos A. Davrados
Journal of Civil Law Studies
This Article restates the Louisiana civil law of negotiorum gestio and unjust enrichment, one decade after the common-law Third Restatement of Restitution and Unjust Enrichment. The Article first redefines and re-designates the term "quasi-contract" from a false source of obligations to a valid practical term describing the two separate institutions of negotiorum gestio and unjust enrichment. Based on this renewed understanding of quasi-contract, the Article proceeds to a detailed commentary on the revised Louisiana law of negotiorum gestio and unjust enrichment (which includes the special action for payment of a thing not due and the general action for enrichment without …
The 2020 Revision Of The Puerto Rican Civil Code: A Brief Explanation Of Major Changes, Luis Muñiz-Argüelles
The 2020 Revision Of The Puerto Rican Civil Code: A Brief Explanation Of Major Changes, Luis Muñiz-Argüelles
Journal of Civil Law Studies
Puerto Rico is with Louisiana one of the two United States jurisdictions having kept the civil law tradition as the bedrock of its private law. One of the last Spanish colonies, Puerto Rico became a US Territory in 1899. The Spanish Civil Code was replaced by a Puerto Rican Civil Code in 1930. A revision process spanned over a period of 23 years, ending with the adoption of a new Civil Code in 2020. After a presentation of the revision process, this report presents and discusses the changes and innovations in family law, property, contractual obligations, torts, and successions, also …
Forthcoming: Louisiana Civil Code Commentary, Nikolaos A. Davrados
Forthcoming: Louisiana Civil Code Commentary, Nikolaos A. Davrados
Journal of Civil Law Studies
No abstract provided.
Constructing Clearer Policy: Reconsidering Louisiana’S Anti-Indemnity Regime For Additional Insured Agreements In Public Construction Contracts, Andrew Hughes
Louisiana Law Review
No abstract provided.
Look Away: The Impact Of The Lost Cause On Civil Rights, Social Justice And Critical Race Theory, How Storytelling And Mythology Shaped American History, Angela Downes
LSU Law Journal for Social Justice & Policy
No abstract provided.
Letter By John H. Tucker, Jr. On The 1969 Reprint Of The De La Vergne Volume, John H. Tucker Jr.
Letter By John H. Tucker, Jr. On The 1969 Reprint Of The De La Vergne Volume, John H. Tucker Jr.
Journal of Civil Law Studies
No abstract provided.
Bilingual Korean-English Civil Code Of The Democratic People's Republic Or Korea, Joseph Cho
Bilingual Korean-English Civil Code Of The Democratic People's Republic Or Korea, Joseph Cho
Journal of Civil Law Studies
No abstract provided.
Cole V. Thomas, Macy P. Spencer
Vernon Valentine Palmer, The Lost Translators Of 1808 And The Birth Of Civil Law In Louisiana, Mariano Vitetta
Vernon Valentine Palmer, The Lost Translators Of 1808 And The Birth Of Civil Law In Louisiana, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Penalty Default Rules In Quebec Contract Law, Zackary Goldford
Penalty Default Rules In Quebec Contract Law, Zackary Goldford
Journal of Civil Law Studies
Few would deny that contract law is filled with default rules, but there has been a great deal of scholarly debate about their purposes and functions. Some American scholars have argued that there are default rules that do not align with most parties’ expectations; indeed, they impose a burden on one or both parties if they are not departed from. Departing from these default rules typically requires one or both parties to share information that they might have otherwise kept to themselves. These have been called “penalty default rules.” While there is a significant amount of scholarship on penalty default …
Performatives In Argentine Supreme Court Dissents: A Jurilinguistic Proposal For Civilian Change Based On The American Common Law, Mariano Vitetta
Performatives In Argentine Supreme Court Dissents: A Jurilinguistic Proposal For Civilian Change Based On The American Common Law, Mariano Vitetta
Journal of Civil Law Studies
This article explores a linguistic defect in how Argentine Supreme Court dissents are written. The reader of these dissents has a hard time distinguishing between a majority opinion and a dissenting opinion, because dissents are written “as if” they were deciding the case. The confusion results from the use of performative language in dissents when adherence to reality and a plain-language approach require modal verbs reflecting the language of suggestion. This is actually the way dissents are expressed in the United States, the jurisdiction from which the Argentine Supreme Court copied its constitutional design. To make the case against the …