Cover, Masthead & Contents,
2013
Louisiana State University Law Center
Scalia & Garner’S Reading Law: A Civil Law For The Age Of Statutes?,
2013
Louisiana State University Law Center
Scalia & Garner’S Reading Law: A Civil Law For The Age Of Statutes?, James R. Maxeiner
Journal of Civil Law Studies
In Reading Law: The Interpretation of Legal Texts, U.S. Supreme Court Justice Antonin Scalia and American legal lexicographer Bryan A. Garner challenge Americans to start over in dealing with statutes in the Age of Statutes. They propose “textualism,” i.e., “that the words of a governing text are of paramount concern, and what they convey in their context is what the text means.” Textualism is meant to remedy the American lack of “a generally agreed-on approach to the interpretation of legal texts.” That deficiency makes American law unpredictable, unequal, undemocratic and political. In the book’s Foreword, Chief Judge Frank Easterbrook …
Broussard V. Rogers,
2013
Louisiana State University Law Center
Russian Society And Its Civil Codes: A Long Way To Civilian Civil Law,
2013
Louisiana State University Law Center
Russian Society And Its Civil Codes: A Long Way To Civilian Civil Law, Asya Ostroukh
Journal of Civil Law Studies
No abstract provided.
Québec’S Partnership: Une Société Distincte,
2013
Louisiana State University Law Center
Québec’S Partnership: Une Société Distincte, Alexandra Popovici
Journal of Civil Law Studies
No abstract provided.
Andrus V Hillman,
2013
Louisiana State University Law Center
Spanish Law In 2010-2012: The Influence Of European Union Law And The Impact Of The Economic Crisis,
2013
Louisiana State University Law Center
Spanish Law In 2010-2012: The Influence Of European Union Law And The Impact Of The Economic Crisis, Juana Marco Molina
Journal of Civil Law Studies
No abstract provided.
Hoover Tree Farm V. Goodrich Petroleum,
2013
Louisiana State University Law Center
Hoover Tree Farm V. Goodrich Petroleum, Marion P. Roy Iii
Journal of Civil Law Studies
No abstract provided.
Petrie V. Michetti,
2013
Louisiana State University Law Center
Mccarthy V. Entergy Gulf States,
2013
Louisiana State University Law Center
Mccarthy V. Entergy Gulf States, Leigh G. Hill
Journal of Civil Law Studies
No abstract provided.
Peña V. Simeon,
2013
Louisiana State University Law Center
Short V. Short,
2013
Louisiana State University Law Center
Short V. Short, Taheera S. Randolph
Journal of Civil Law Studies
No abstract provided.
Semantics And Legal Interpretation: A Comparative Study Of The Value Of Embryonic Life Under Argentine And U.S. Constitutional Law,
2013
Louisiana State University Law Center
Semantics And Legal Interpretation: A Comparative Study Of The Value Of Embryonic Life Under Argentine And U.S. Constitutional Law, María Del Pilar Zambrano, Estela B. Sacristán
Journal of Civil Law Studies
No abstract provided.
Transfer Of Immovable And Systems Of Publicity In The Western World: An Economical Approach,
2013
Louisiana State University Law Center
Transfer Of Immovable And Systems Of Publicity In The Western World: An Economical Approach, Luz M. Martínez Velencoso
Journal of Civil Law Studies
This paper aims to analyse the norms pertaining to the transfer and publicity of property rights from an economic perspective. It is a characteristic of this analysis that it puts the rules that regulate these rights in relation with their associated negotiation costs. This offers a new approach to the examination of the definition, content, and transfer of these rights. Legal norms that minimize the problem of conflicts of ownership increase the value of property in the hands of its owners. One of the instruments oriented to reduce uncertainties of this type is the Land Register, which promotes the exchange …
Anything But Common: The Role Of Louisiana’S Civilian Tradition In The Development Of Federal Civil Rights Jurisprudence Under The Fourteenth Amendment,
2013
Louisiana State University Law Center
Anything But Common: The Role Of Louisiana’S Civilian Tradition In The Development Of Federal Civil Rights Jurisprudence Under The Fourteenth Amendment, Jared Bianchi
Journal of Civil Law Studies
The famed Slaughterhouse Cases were the first cases to interpret the Fourteenth Amendment. Those cases arose from a Louisiana controversy. This essay suggests that Fourteenth Amendment jurisprudence, including Substantive Due Process, is rooted in the civilian private law tradition as received in Louisiana and as argued by the butchers in the Slaughterhouse Cases. The essay explores the civil law roots of the Privileges and Immunities Clause, beginning with the Twelve Tables and the Code of Justinian. The essay explores how those early codes were appreciated by subsequent Louisiana jurists, and how the civil law approach became an integral part …
Horton V. Browne,
2013
Louisiana State University Law Center
Closing The Door On The Public Policy Exception To At-
Will Employment: How The Washington State Supreme
Court Erroneously Foreclosed Wrongful Discharge
Claims For Whistleblowers In Cudney V. Alsco, Inc.,
2013
Seattle University School of Law
Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski
Seattle University Law Review
In 2008, Matthew Cudney was terminated from his employment with ALSCO, Inc. a few weeks after reporting to his supervisor and human resources manager that he observed the branch general manager appearing intoxicated at work and driving away in a company vehicle. Cudney brought an action for wrongful discharge in violation of public policy, claiming that he was terminated in retaliation for reporting the manager’s drinking and driving. In a 5–4 decision, the Washington Supreme Court held that Cudney’s tort claim of wrongful discharge in violation of public policy could not proceed. This Note contends that the Cudney court erred …
Costing A Pretty Penny: Online Penny Auctions Revive
The Pestilence Of Unregulated Lotteries,
2013
Seattle University School of Law
Costing A Pretty Penny: Online Penny Auctions Revive The Pestilence Of Unregulated Lotteries, David R. Konkel
Seattle University Law Review
Penny auctions, an online phenomenon imported from Europe, operate by the hundreds in the United States without meaningful oversight from consumer protection agencies. In a penny auction, consumers compete for items one penny at a time. To date, no significant inquiry, either academic or practical, into the legitimacy of the penny auction has occurred. Although marketed as auctions, online penny auctions may actually qualify as lotteries. Unlike the multifarious and confusing definitions of gambling, the long-accepted definition of a lottery consists of three elements: prize, consideration, and chance. If a penny auction satisfies this definition then, under well-established case law …
Statutes Of Ill Repose And Threshold Canons Of
Construction: A Unified Approach To Ambiguity
After San Carlos Apache Tribe V. United States,
2013
Seattle University School of Law
Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee
Seattle University Law Review
Historically, the San Carlos Apache Tribe depended on the Gila River to irrigate crops and sustain a population of around 14,000 tribe members. The river is also sacred to the Tribe and central to the Tribe’s culture and spirituality. Initially, the federal government had recognized the Tribe’s dependence on the Gila River by reserving, under the Winters doctrine, water rights necessary to support the San Carlos Apache Reservation. Acting as the Tribe’s trustee, the United States entered into the Globe Equity Decree (the Decree), which prevented the San Carlos Apache Tribe from claiming water rights under the Winters doctrine and …
The Gay Accent, Gender, And Title Vii Employment
Discrimination,
2013
Seattle University School of Law
The Gay Accent, Gender, And Title Vii Employment Discrimination, Ryan Castle
Seattle University Law Review
While race, religion, ethnicity, and sex will always remain salient social issues in our nation, sexual orientation is currently at the forefront of our national debate and will likely not abate in the foreseeable future. Federal courts, for example, struggle in differentiating sex, gender, and sexuality when adjudicating Title VII employment discrimination claims. Because Title VII does not protect employees from sexual orientation-based discrimination, plaintiffs who are or are perceived to be of a sexual minority have difficulty proving a valid sex-based discrimination claim in federal court. This difficulty arises because one cannot perceive sex, gender, and sexuality without muddling …
