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History of the Laws of Louisiana and of the Civil Law

Details: The laws of Spain are contained in various odes, the most c complete of which is known under the name of “ Las Sieté Partidas.” The other codes are the . Fuero JuzgoFuero Viejo, and . Fuero Real: to which may be added the laws regulating the practice of courts, the Royal Ordinances (Ordenancas Reales de …

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Conflict of Laws: Insurance

Details: CONFLICT OF LAWS: INSURANCE The area of insurance presents a unique problem in the law of conflict of laws, since by its nature, insurance blends contract principles with those of tort. For instance, for a plaintiff to recover in a personal injury action from an insurance company for the actions of …

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Conflict of Laws: Contracts and Other Obligations

Details: RESTATEMENT (SECOND) CONFLICT OF LAWS § § 186-207 (1969). 6. See generally 2 J. BEALE, CONFLICT OF LAWS § 332.4 (1935); LEFLAR at 353-72. Professor Leflar notes that Massachusetts is the only state that has consistently ad-hered to this rule. 7. One exception which cuts across all rules of conflicts but is most frequently

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Characterization as an Approach to the Conflict of …

Details: of Laws (2 ed. 1938) 55, § 7.2, dismisses the problem with the statement that in America "all qualifications are determined by the law of the forum." Stumberg, Conflict of Laws (1937) and Goodrich, Conflict of Laws (2 ed. 1938) seem to ignore the problem entirely. There will be occasion later

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Marital Property and the Conflict of Laws

Details: The conflict of laws rules regarding property relations be-tween husband and wife center around two basic principles: (1) the lex rei sitae is applicable to immovables,1 and (2) a change of domicile imports a change of the marital property system.2 These priiciples seem to …

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The History and Development of the Louisiana Civil …

Details: the "laws heretofore in force," which of course were the Spanish laws.' The laws of Spain at that time were multitudinous, composed of eleven different codes, and containing more than 20,000 laws, with many conflicting provisions. Even in Spain there was a great diversity of opinion as to which of these codes or laws

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A Toe in the Water: A Primer on Louisiana Riparian …

Details: the surface water laws in the eastern half of the United States. Louisi-ana's civil cod- traditions combined with the paucity of jurisprudence have nurtured some confusion and speculation over just how to charac-terize Louisiana law on the subject of surface waters. The nagging ques- tion seems to be if and how the common law concept of

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Legal Aspects of Local Planning and Zoning in …

Details: Bettman and Whitten, Model Laws for Planning Cities, Counties and States (Harvard City Planning Studies VII-1935) 43, 89. 11. The state planning act, on the other hand, confers this authority upon the state planning agency. La. Act 38 of 1938, § 6 [Dart's Stats. (1939) § 9664.6]. 1946]

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Theft in the Louisiana Criminal Code of 1942

Details: of laws by reference prohibited by the state constitution., State v. Smith 4 considered and rejected the argument that Article 67 was unconstitutional because it purported to denounce two or more separate and distinct crimes in one provision. It also concluded that prosecution under the

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Why are Employment Discrimination Cases So …

Details: antidiscrimination laws.8 But this picture is grossly distorted, and while there are large numbers of employment discrimination suits-and I have suggested that such claims are generally too easy to file with the Equal Employment Opportunity Commission--these suits are far too difficult, rather than easy, to win.

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Suspension of Laws by Concurrent Resolution of …

Details: suspending laws of this State shall be exercised unless by the Legislature, or by its authority." The court reasoned that as the Legislature of a state, unlike Congress, may do anything which the Constitution does not prohibit and since the Constitu-tion provides no regulations concerning the method by which laws

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CONFLICT OF LAWS, PART ONE: JURISDICTION …

Details: CONFLICT OF LAWS, PART ONE: JURISDICTION AND JUDGMENTS. By Albert A. Ehrenzweig. St. Paul: West Publishing Co., 1959. Pp. XXXIV, 367. $6.00. This is the first part (Jurisdiction and Judgments) of a two-part Treatise on the Conflict of Laws by Professor Albert A. Ehrenzweig. Part One will eventually be republished along with

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The Influence of Spanish Laws and Treatises on the

Details: Based primarily on the Compilation of the Laws of Castile and the Compilation of the Laws of Indies, Spanish law in Louisiana was supplemented by other enact-ments, principally las Siete Partidas. ICitations omittedl. Sec also Batiza, Sources, supra. n. 1. at 645, 645 n.92:

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Louisiana Law Review

Details: laws nonetheless encumber an employer’s ability to ensure workplace safety. 14. and exercise its private property rights. 15. Although Parking Lot laws largely circumscribe an employer’s authority, they are the law in their respective states and govern many companies’ policies. 16. Failure to comply with the statutes carries serious

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Louisiana Loan Laws

Details: LOUISIANA LOAN LAWS We are living in a society geared to a "buy-now-pay-later" plan. Almost any consumer' can finance his goods and services over an extended monthly payment plan. The financing of goods and services is broadly categorized as consumer credit. The ar-rangement for extension of credit may be made by the consumer

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The Choice of Law, State or Federal, in Cases …

Details: "The laws of the several states, except where the Constitu-tion, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common law, in the courts of the United States, in cases where they apply." '4 LL.B., Harvard Law School 1949.

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Artificial Reproduction Technologies and Conflict of …

Details: of Laws: An Initial Approach Anastasia Grammaticaki-Alexiou This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please [email protected]

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Louisiana Law Review

Details: Of the twelve laws set out in theRoman Twelve Tables, the earliest example of written law in western culture, atleast one dealt exclusively with water use. 8. By the late 17th century, when d’Iberville and his explorers made their expedition to Bayou Manchac, European jurists had developed a

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Conflict of Laws

Details: 5. See Currie, Notes on Methods and Objectives in the Conflict of Laws, 1959 Duke L.J. 171, 178, reprinted in B. Currie, Selected Essays on the Conflict of Laws 177, 183-84 (1963). In brief, this methodology may be summarized as follows. All

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Retroactivity of Laws: An Illustration of …

Details: interpretative laws apply both prospectively and retroactively, unless there is a legislative expression to the contrary." 1322 [Vol. 62. specifically the law on disinherison, will provide a civilian analysis to a recurring legal problem that jurists, attorneys, academics, and citizens alike can appreciate.

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Common Walls, Fences, and Ditches: Louisiana and

Details: dealing with common enclosures have been amended in France by the laws of August 20, 1881, February 12, 1921, and May 17, 1960. See Dalloz, CODE CIVIL arts. 653-73 (1974). 4. See, e.g., DIGEST 8.2.8: "One of the two neighbors does not have the right to demolish and rebuild a wall that is common by natural reason

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Article 613 of the Louisiana Children's Code: Child …

Details: of the Social Security Act in the 1930's. Today all states have laws criminaliz-ing abuse and neglect of children,'6 as well as statutes authorizing the removal of an endangered child from his or her parents' custody if necessary to protect the child.'7 The federal government predicates granting funds …

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Louisiana Law Review

Details: the ancient laws of Egypt, Greece, and Babylonia." The Code of Hammurabi, promulgated in Babylonia more than four thou-sand years ago, contained certain features of the community that differ but little from modern law. 12 . The same holds true for the Grecian Code of Gortyn.' 3 . It has been suggested that

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A Private Cause of Action for Violations of Air …

Details: laws and the respective agencies' regulations and findings on the private rights of residents of Louisiana injured by pro-hibited air pollution. 4 The Clean Air Act requires the Administrator of the En-vironmental Protection Agency to set up a regulatory pro-gram for all areas …

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Louisiana Conflicts Law: Two 'Surprises'

Details: Louisiana article, provides in part that "[tihe laws of police and public safety obligate all those inhabiting the territory." This article was used by French courts as the basis for applying the lex loci delicti to both French and foreign torts. See I H. Batiffol & P. Lagarde, Droit international privd 321-36 (7th ed. 1981).

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Fifty Conflict of Laws 'Restatements': Merging …

Details: Fifty Conflict of Laws "Restatements": Merging Judicial Discretion and Legislative Endorsement Shirley A. Wiegand This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons.

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'Universality' in the Conflict of Laws of Contracts

Details: By "dispositive" laws it is intended to describe the rules of law which determine the nature of rights arising from fact-groups, i.e., which determine the terms of the judgment rendered in a particular case. These rules are variously referred to by others as rules of "municipal," "domestic" or "in-

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Louisiana Vagrancy Law

Details: laws.'0 While the making of regulations for the prevention of crime is certainly within the police power of the state, it has often been stated that the power to regulate must be exercised so as not to unjustifiably interfere with protected freedoms.17 In the past, however, the courts have had little reason to

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What is Marriage For

Details: Addressing tax laws that treat married and cohabiting couples differently, Professor Krause concludes: "The rational answer seems 5. Harry D. Krause, Marriage for the New Millennium: Heterosexual, Same Sex, or Not At All?, 34 Farn. L.Q. 271, 276 (2000). 776 [Vol. 62

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Conflict of Laws and Unification of Law by …

Details: conflict of laws by the adoption of choice of law rules designed to safeguard the application of the national law and its stand-ards to bills of lading involving international contacts. 9 The liabilities of the parties thus differed with the standards applied by a fortuitous or selected forum, and as a …

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Civil Commitment Procedure in Louisiana

Details: Louisiana Law Review Volume 31|Number 1 December 1970 Civil Commitment Procedure in Louisiana Larry C. Becnel This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons.

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Choice of Law in Louisiana: Torts

Details: Laws. 28 The lack of a clear set of guidelines for solving choice of law problems has been a source of difficulty for Louisiana courts ever since. The most troublesome aspect of Jagers is that the court vaguely referred to governmental interest analysis and the Restatement Second, two distinct and less than fully compatible choice-of-law

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Only Yesterday: The Rise and Fall of Twentieth …

Details: This Article looks at the history of the sexual psychopath laws. It begins by critically examining the popular belief that there was a sex crime wave. It then discusses different solutions proffered to solve the sex crime problem. Finally it provides an overview of the sexual psychopath laws and discusses the reasons for their demise.

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Some Principles of Texas Community Property Law

Details: 1. Tex. Laws 1840, p. 3, 2 LAws Or TExAs 177 (Gammel 1898). 2. See 1 DE FUNIAK, PRINCIPLES OF COMMUNITY PROPERTY 264 (1943). 3. 1 id. §§ 63, 69. 4. As to reimbursement, see the translations of Spanish commentaries in the second volume of de Funiak's work: Matienzo, 2 id. at 143, 213, 214,

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Conflict of Laws

Details: laws rule embodying the tacit contract theory is: The law of the place of the marriage determines the marital property rights. However, it was unreasonable to apply the laws of the place of the marriage to the property, present and future, of couples who were married in transit, or in some vacation area, and who

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The Piggyback Statute

Details: laws sometimes attending adoption of piggybacking plans. 5 Most taxpayers will pay less state income tax than in previous years because the adoption of the Internal Revenue Code will allow the taxpayer to take advantage of deductions and credits previously un-

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Apportionment of Losses Under Comparative Fault …

Details: laws will reconsider them with a view toward enacting the Uniform Act. And finally, the Uniform Act resolves many issues as to which there is likely to be considerable disagreement, even if agreement could be reached on the pure form of comparative negligence proposed by the Act.

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The Saga of Wiretapping in France: What It Tells Us …

Details: THE SAGA OF WIRETAPPING IN FRANCE been subject to adequate safeguards.3 France's satisfaction is in large part warranted because, as will be seen, the Act does significantly protect

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Louisiana's Law of Trusts 25 Years After Adoption …

Details: The trust laws of the other forty-nine states are fairly uniform but have diverged somewhat from the English law of trusts.' The following is a list of the features of the American trust recognized in the forty-nine states other than Louisiana. Dual Ownership The essential feature of a trust is the duality of ownership between

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Retroactive Application of the Louisiana Products

Details: laws will be applied both prospectively and retroactively unless the legislature has provided otherwise.' A substantive law creates, defines, and regulates rights and obligations.' By contrast, a procedural or in-terpretive law prescribes a method of obtaining redress or enforcing

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The Louisiana Limited Liability Company Law After …

Details: Laws. While a complete analysis of ULLCA is beyond the scope of this article, Part V raises issues that should be considered in determining whether ULLCA is a suitable statute for Louisiana. I. BACKGROUND The former regulations that distinguished a partnership from a corporation

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A Comparative Analysis of Surrogacy Law in the …

Details: states have chosen laws that limit or regulate procreative rights. New Jersey became the first state to address surrogacy in the widely publicized case of In re Baby M.2° The New Jersey Supreme Court ruled that the surrogate motherhood contract was invalid and …

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The Louisiana Codification and Tort Rules of Choice …

Details: of Laws: A Response to the "New Critics, "34 Mercer L. Rev. 593, 635-43 (1983); Robert A. Sedler, Professor Juenger's Challenge to the Interest Analysis Approach to Choice of Law: An Appreciation and a Response, 23 U.C. Davis L. Rev. 865, 891-95 (1990); Robert A. Sedler, A Real World Perspective, supra note 8, at 788-89. 12.

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The Relative Importance of Legislation, Custom, …

Details: The laws of both groups of countries seek the same ideal of justice, but pursue it through different technical pro-cedures. For this reason a full comparison of the laws of the "Common" and "Civil" law countries must be based on their technical aspects, and chiefly on the relative importance of the

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Louisiana Condominium Act of 1974

Details: declaration and by-laws; (2) equal treatment for zoning and subdivision pur-poses of lateral developments using the condominium form of ownership; and (3) availability of a valid lien for common expenses to aid in the collection of the common assessments of the development. 11. La.

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Louisiana's Stop and Frisk Law

Details: Louisiana Law Review Volume 29|Number 3 April 1969 Louisiana's Stop and Frisk Law - A Constitutional Question Stewart E. Niles Jr. This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons.

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Private Rights of Way

Details: Louisiana Law Review Volume 8|Number 4 Symposium on Legal Medicine May 1948 Private Rights of Way John C. Camp This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons.

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