justinian code primary source
339 U.S. 725 (1950), 4, United States v. Gerlach Live Stock Co.
... As long ago as the Institutes of Justinian, running waters, like the air and the sea, were ... . in the Napoleonic Code and in Spanish law. This conception passed into he common law. From these sources, but largely from civil law sources, the ...The primary natural asset was land, and the run-off in ...
- Demystifying Enrichment Without Cause
- Classifying and Clarifying Contracts
PUBLIC RIGHTS AFTER OIL STATES ENERGY.
... turned on legal concepts that occupied Justinian, (9) Matthew Hale, (10) William Blackstone, (11) ...It is to identify the source of the PTO's power to adjudicate an action. . ... act of wrong, redress of wrongs being the primary concern of the common law. Private wrongs are the ...The AIA is codified in Title 35 of the U.S. Code. . (19) Oil States, 138 S. Ct. at 1379. . (20) It ...
- Louisiana's Natural Servitude of Drain
Formalizing gratuitous and contractual transfers: a situational theory.
... might acquire later from some identified source--is ineffective, even if the donor wishes to ... similar expedients within the other primary categories of transfer. In the realm of ...(209) Finally, under the Uniform Probate Code's provision, codified in twenty-one states, ... more adroitly: Under the Code of Justinian, gifts causa mortis required multiple witnesses. ...
- Keep Calm and Teach Gaius
- Give the People What They Want? The Onshoring of the Offshore
- Coping with the Death of the Bargain Without Burying the Spirit of the Law: A 'Foundational' Approach to Comparative Law and Its Application to Adhesion Contracts in Louisiana
60 U.S. 393 (1857), Dred Scott v. Sandford
... and deliberate preparation of their revised code published in 1836. This code forbids any person ... acquire territory. Whichever may be the source from which the power is derived, the possession ...; and the reason or instinct of Justinian completed the simple form of an absolute ... as these questions are intrinsically of primary interest and magnitude, and have been elaborately ...
The story of Jewish polygamy.
... and connected, with Israel as the accepted source of authority. In the Amoraic period, as ..., even outside of Israel, because in 537 Justinian issued a novel ruling that granted an exemption ... and Rav Nachman had trouble with their primary wives, they would take a secondary "wife for a ..., as they developed, the early legal codes. . Before we shift to Babylonia, however, it is ...
THE RIGHT TO APPEAL IN COMPARATIVE PERSPECTIVE.
... comparison, Section II will put the primary aspects of appellate review at second instance in .... The current code of criminal procedure in France expressly ...-seeking, and the relationship between the sources of law and appellate review. . A. Decisionmaking ... origins are in the old Roman Code of Justinian and the laws of the Germanic tribes." HARRY R. ...
__ U.S. __ (2019), 17-646, Gamble v. United States
... in his or her possession." Ala. Code § 13A-11-72(a). (2015); see § ...-sovereignty rule, or a more authoritative source. The. United States is a federal republic; ... that the primary role of federal courts today is to interpret. ... Social Policy 2-3 (1969); Digest of Justinian: Digest. 22.214.171.124, translated in 11 S. ...
__ U.S. __, 17-387, Upper Skagit Indian Tribe v. Lundgren
... branches rather than judges have held primary. responsibility for determining when ... the immovable property exception was the source of "the. disagreement that led us to take ... Justinian Code. See Bartolus, Conflict of Laws 29 (J. ...
DOWN THE FINAL STRETCH: STATE SOCIETAL SETTLEMENTS' RES JUDICATA REPERCUSSIONS.
... American and Continental European civil codes invariably recognize the contractual nature of an ... comparing causes of action is whether the primary right and duty or wrong are the same in each ...Title 23 of Book 47 of the Justinian Code, Corpus Juris Civilis, which deals with such ..., unless the plaintiff is "an original source of the information." Id. . (105) Satsky v. ...
An economic analysis of civil versus common law property.
... for obvious reasons cannot handle civil codes in every country. In this Part, we will use civil ... in property, legislatures have taken the primary role in major changes in the property system, ... the system that the Code is the exclusive source of legal obligation. (197) . What is the ..., and actions) of the Institutes of Justinian. See MERRYMAN & PEREZ-PERDOMO, supra note 118, at ...
A blast from the past: the public trust doctrine and its growing threat to water rights.
... accumulation in the Olympic Mountains, the source of a significant amount of the water flowing into ...The primary natural asset was land, and the run-off in ...As long ago as the Institutes of Justinian, running waters, like the air and the sea, were ... commentators and embodied in the Napoleonic Code and in Spanish law. This conception passed into ...
THE SEMICOMMONS AND WISCONSIN WATER QUALITY.
...Nonpoint Source Pollution B. Non-Native Species C. Groundwater ... Nation's waters," (60) and serves as the primary source of federal authority over water pollution. ...See Wis. Admin. Code DNR [section] NR 820.12(2)-(4) (2017) (defining ... ancient Roman law and the Institutes of Justinian. Juliana v. United States, 217 F. Supp. 3d 1224, ...
527 U.S. 706 (1999), 98-436, Alden v. Maine
... a substantial portion of the Nation's primary sovereignty, together with the dignity and ...We turn first to these sources. Article I, § 8, grants, ... of Baldus on the statute Digna vox in Justinian's Code 1.14.4, Lectura super Codice folio 51b ...
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...
... recent amendments to the Louisiana Civil Code, 14 the supreme court, instead, injected further ... 26 . The Emperor Justinian included such "Aedilician" rules in his Digests. ... redhibitory vices is one of the two primary warranties inherent in every sale. 36 The law of ... on whether focus is placed on the cause or source of solidarity versus the effects of solidarity. ...
Incorporating Analysis of Sea-Level Rise Into Environmental Impact Reports.
...Sea-Level Rise in the Public Resources Code and the OPR Guidelines B. Ballona Wetlands and ...The primary effect that sea-level rise can have on the ... limited, and consist of a series of sand sources (such as rivers, streams, and eroding coastal ...3d at 257. . (62.) Caesar Flavius Justinian, The Institutes of Justinian, 2.1.1 (J.B. Moyle ...
- Commerce, Commonality, and Contract Law: Legal Reform in a Mixed Jurisdiction
- 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.
... of the common law, with roots in the Justinian Code of ancient Rome, where it was called the jus ... land, water, air, minerals and energy sources, and shall promote the development and ... Submerged Lands Act, (72) they are the primary regulators of tidelands within three miles of ...