Introduction. II. The Current Louisiana Institutions: Rules, Origins, And Developments. A. Conflicting Possession. 1. The Possessory Rules and Legal Framework. 2. The Historical "Coming of Age" of Conflicting Possession. B. Prohibited Substitutions. 1. The Rules and Prohibitions on Substitutions. 2. The Historical Mistreatment of Prohibited Substitutions. C. Partition by Co-Owners. 1. The Rules on Partition by Co-Owners. 2. Co-Ownership's Troubled History. III. Overthrowing Louisiana's Ancien Régime: The Need To Reevaluate And Harmonize The Civil Law With Contemporary Public Policies. A. Wetlands and Coastal Conservation. 1. Louisiana's Commitment to Maintaining Wetlands. 2. Revisiting Prohibited Substitutions Through a Conservationist Perspective. B. Creation and Maintenance of Gree...
a look at the new law WHAT IT IS: The Illinois Religious Freedom Protection and Civil Union Act allows same-sex couples to enter into civil unions granting them many rights already afforded married couples. Illinois law will continue to limit marriage to one man and one woman, and civil unions still are not recognized by the federal government. WHAT IT DOES: Civil unions give couples the right to make funeral and end-of-life decisions, the right to share a room in a nursing home, automatic hospital visitation, adoption and parental rights, pension benefits, inheritance rights, the right to decide how to dispose of a partner's remains, and the right not to testify against each other in court. WHEN IT HAPPENS: As of June 1, couples may get a license for a civil union only in the county w...
Introduction. II. The Two Dominant Legal Systems of the World: Common Law and Civil Law. A. The Pervasive Reach of the Two Systems. B. Basic Origins, Precepts, and Characteristics of the Common Law System. 1. Historical Roots. 2. Basic Mechanics of the Common Law System. 3. Legislation in Common Law Systems. 4. Equitable Powers of the Courts. 5. The Role of the Court and Judges in the Common Law System. 6. Summary of Common Law System. C. Basic Origins, Precepts and Characteristics of the Civil Law System. 1. Roman Origins and the Corpus Juris Civilis. 2. Revived European Study of the Corpus Juris Civilis. 3. The Rise of the Nation-State, the Revolution, and the Advent of National Codes. 4. Codification Efforts in England and the United States. 5. The Code in the Modern Civil Law Sys...
A Hypothetical: I. Modern Civil Rights Litigation: Is There Anything Left? II. A Dialectic Tale Of The Demise Of Civil Rights Law III. What Does It Mean? The Paradox Of Civil Rights Law IV. The Symposium's Take On The Questions
Introduction. II. The Louisiana Civil Code Or Digest Of 1808: Two Hundred Years Of Civil Law In English. A. History. B. The Digest or Code of 1808: Language of Policy, Legal Language, and Legal Culture. 1. The "Manifest" and the Legal Culture of the Civil Law in the Louisiana of 1808. 2. The English Language and the Civil Law Legal Culture of the Louisiana Codes of 1808 and 1825. III. The Avant-Projet Catala: A Civil Law Text Confronts The English Language. A. The Louisiana Objectives and Working Method. B. The Henri Capitant Translation: In the Tradition of the Civil Codes of Louisiana and Québec. IV. Conclusion.
This article compares the Polish Mediation Law with the proposed European Union (EU) Mediation Directive. The EU Mediation Directive embodies the fruits of the EU Commission's multi-year research into methods of obtaining better performance in resolving civil disputes in Member States. The Polish Mediation Law introduces mediation as a new option in Polish civil procedure, creating an alternative to the traditional adjudication of civil cases by state courts. Both the Polish Mediation Law and the EU Mediation Directive apply to civil matters, which includes all commercial disputes. Both the EU Directive and Polish Law recognize the importance of confidentiality in mediation but only to a limited extent. The EU Directive has more detailed confidentiality provisions. But, the Polish Media...
Introduction. II. Precedent, Stare Decisis, and Jurisprudence Constante. A. Precedent in Common Law Systems. 1. England. 2. The United States, Other Than Louisiana. B. Precedent in Civil Law Systems. 1. France. 2. Italy. 3. Spain. III. Sources of Law and The Value of Precedent in Louisiana. A. Legislation. B. Custom. C. Equity. D. Judicial Decisions. IV. Survey of Louisiana Judges. V. Comments, Recommendations, and Conclusions. Appendix 1.
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