justinian code primary source
339 U.S. 725 (1950), 4, United States v. Gerlach Live Stock Co.
... ago as the Institutes of Justinian, running waters, like the air and ... . in the Napoleonic Code and in Spanish law. This conception ...From these sources, but largely from civil law sources, ...The primary natural asset was land, and the ...
__ U.S. __, 17-387, Upper Skagit Indian Tribe v. Lundgren
... rather than judges have held primary. responsibility for ... property exception was the source of "the. disagreement that led ... Justinian Code. See Bartolus, Conflict of Laws ...
- Classifying and Clarifying Contracts
Upper Skagit Indian Tribe v. Lundgren, 052118 FEDSC, 17-387
The Upper Skagit Indian Tribe purchased land and commissioned a boundary survey, which convinced the Tribe that about an acre of its land lay on the other side of a boundary fence between its land and land owned by the Lundgrens. The Lundgrens filed a quiet title action in Washington state court, arguing adverse possession and mutual acquiescence. The Washington Supreme Court rejected the Tribe’s
... have held primary responsibility for determining when ... property exception was the source of. "the disagreement that led ... Justinian Code. See Bartolus, Conflict of Laws ...
- Keep Calm and Teach Gaius
Article III Judicial power, the adverse-party requirement, and non-contentious jurisdiction.
... Law Library for help with sources; to Kevin Arlyck, Steve Calabresi, ... Law, including a Model Probate Code 388-91 (1946). . (82.) See infra ... argues that pleas became the primary method of disposing of criminal ...Coquillette, Justinian in Braintree: John Adams, Civilian ...
DOWN THE FINAL STRETCH: STATE SOCIETAL SETTLEMENTS' RES JUDICATA REPERCUSSIONS.
... and Continental European civil codes invariably recognize the contractual ... of action is whether the primary right and duty or wrong are the same ... Title 23 of Book 47 of the Justinian Code, Corpus Juris Civilis, which ... the plaintiff is "an original source of the information." Id. . (105) ...
Time-bars: RICO-criminal and civil-federal and state.
... Court is also an important source of general principles applicable to .... Georgia Code [section] 16-14-8 provides: . ...Certainly, the primary purpose of the private right of ... that of a major source for Justinian's Code, see id. at 44. They include ...
A Model Litigation Finance Contract
Litigation financing is nonrecourse funding of litigation by a non-party for a profit. It is a burgeoning and controversial phenomenon that has penetrated the United States in recent years. Since "most of the important phenomena of modern litigation are best understood as results of changes in the financing and capitalization of the bar," it is not surprising that litigation financing...
60 U.S. 393 (1857), Dred Scott v. Sandford
... preparation of their revised code published in 1836. This code .... Whichever may be the source from which the power is derived, the ... the reason or instinct of Justinian completed the simple form of an ... are intrinsically of primary interest and magnitude, and have ...
- Demystifying Enrichment Without Cause
Contemplating a Civil Law Paradigm for a Future International Commercial Code
I. 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...
... a delicate juxtaposition of the two primary legal systems of the world-the civil law and the ...Land was the sole source of substance and the sole condition of wealth. ...100 Justinian's great codification in the sixth century A.D. is ...
- Louisiana's Natural Servitude of Drain
Lexis nexus complexus: comparative contract law and international accounting collide in the IASB-FASB revenue recognition exposure draft.
... Connecticut Uniform Commercial Code (UCC) as the law governing the ...(231) The ultimate source of authority on sources of Italian ... to the transaction, Malev's primary motive was the purchase of jet ... das gemeine Recht (the Justinian Roman common law), which is the most ...
A blast from the past: the public trust doctrine and its growing threat to water rights.
... in the Olympic Mountains, the source of a significant amount of the water ...The primary natural asset was land, and the ... ago as the Institutes of Justinian, running waters, like the air and ... and embodied in the Napoleonic Code and in Spanish law. This conception ...
527 U.S. 706 (1999), 98-436, Alden v. Maine
... portion of the Nation's primary sovereignty, together with the ...We turn first to these sources. Article I, § 8, ... the statute Digna vox in Justinian's Code 1.14.4, Lectura super Codice ...
All for One or Every Man for Himself? What Is Left of Solidarity in Redhibition
I. Introduction. II. Background On Redhibition And Solidarity. A. Roman and French Legal History of Redhibition. B. Redhibition and Solidarity in the Louisiana Civil Code. C. Louisiana Jurisprudence Concerning Solidarity in Redhibition. III. The Current State Of Jurisprudential Discord. A. Third Circuit: An Illustration of Intra-Circuit Incongruity. B. First Circuit: Continuation of Internal...
... to the Louisiana Civil Code, 14 the supreme court, instead, ... 26 . The Emperor Justinian included such "Aedilician" rules in ... vices is one of the two primary warranties inherent in every sale. ... is placed on the cause or source of solidarity versus the effects of ...
Formalizing gratuitous and contractual transfers: a situational theory.
... later from some identified source--is ineffective, even if the donor ... expedients within the other primary categories of transfer. In the realm ..., under the Uniform Probate Code's provision, codified in twenty-one ...: Under the Code of Justinian, gifts causa mortis required ...
- Ruminations, 14 VTBJ, Summer 2014-#2
The public trust doctrine, private water allocation, and Mono Lake: the historic saga of National Audubon Society v. Superior Court.
... law, with roots in the Justinian Code of ancient Rome, where it was ..., air, minerals and energy sources, and shall promote the development ... Lands Act, (72) they are the primary regulators of tidelands within three ...
__ U.S. __ (2019), 17-646, Gamble v. United States
...Code § 13A-11-72(a). (2015); see ... rule, or a more authoritative source. The. United States is a ...primary role of federal courts today is to ... 2-3 (1969); Digest of Justinian: Digest. 188.8.131.52, translated ...
- Give the People What They Want? The Onshoring of the Offshore
- Commerce, Commonality, and Contract Law: Legal Reform in a Mixed Jurisdiction
Stare decisis and the rule of law: a layered approach.
... does its work alongside some source of law that is not itself based on ... rely instead on a legislated code. (33) Others--more committed than he ... intervening periods, like Justinian brought to life again at Amalfi." ...This, I believe, is a primary obligation that she has under the ...
- Precarious Possession