Articles

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 Law System. 6. Summary of Common Law System. C. Basic Origins, Precepts and Characteristics of the ...

Covenant Marriage Seven Years Later: Its as Yet Unfulfilled Promise

I. Introduction. II. Same-Sex Marriage and "Marriage-Lite": Controversial Results of European Experiments. III. What is Covenant Marriage?. IV. Obstacles to Its Implementation: Clergy and Civil Servants. V. Nock's Research: What Distinguishes Covenant Couples from Other Married Couples?. VI. Completing the Vision of Marriage Within Covenant Marriage. VII. The Threat of Lawrence v. Texas and the Ability of Covenant Marriage to Withstand the Threat. VIII. Conclusion. Appendix A. Appendix B.

Lawyer Ethics Reform in Perspective: A Look at the Louisiana Rules of Professional Conduct Before and After Ethics 2000

I. Introduction. II. The Codification of Legal Ethics in Louisiana: A Retrospective. III. The 2004 Revisions to Louisiana Rules of Professional Conduct: A Contemporary Perspective. A. Preamble, Scope, and Terminology. 1. Preamble. 2. Scope. 3. Rule 1.0-Terminology. B. The Lawyer-Client Professional and Financial Relationship. 1. Commencement, Nature, and Termination. 2. Fees and Client Funds. 3. Confidentiality. 4. Loyalty and Conflicts of Interest. C. Lawyer as Counselor. D. Lawyer as Advoca...

Production in

I. Introduction. II. Jurisprudential Test. A. Historical Approach Developed by Jurisprudence. B. First "Prong"-The Objective Standard. C. Second "Prong"-The Subjective Standard. III. Application of the Second "Prong" of the Test. A. Introduction. B. Contrary Interests of the Lessor and of the Lessee. C. Source of Relevant Data. D. What Period of Time Is to be Considered?. E. What Expenses Are to be Considered?. 1. Capital Costs. 2. Labor, Equipment, and Material Costs. 3. Depreciation. 4. Dis...

The Sources of Law and the Value of Precedent: A Comparative and Empirical Study of a Civil Law State in a Common Law Nation

I. 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.

Comments

Intercontinental Identity: The Right to the Identity in the Louisiana Civil Code

Introduction. I. The Divergence of Privacy and Publicity in the United States. A. Early Developments and the Initial Separation of the Rights. 1. The Right of Publicity Versus Appropriation Privacy. 2. The Current State of American Identity Rights. II. Identity Rights in Civilian France. A. The Civilian Understanding of Personality Rights. B. Sources of Law for French Identity Rights. C. The Origin of Identity Rights: The Right of Privacy in The Rachel Affaire. D. From Privacy to Patrimony: T...

To Stop and Presume: Balancing a Per Se Right to Frisk Suspected Narcotics Traffickers on the Fourth Amendment Scales

I. Introduction. II. Background. III. Terry v. Ohio. IV. The Per Se Rule. A. The Louisianian Origins of the Per Se Right to Frisk. B. The Per Se Right to Frisk and the "Plain Feel" Doctrine. C. Supreme Court Case Law and the Per Se Right to Frisk. i. The Impact of Richards v. Wisconsin. ii. The Implications of Florida v. J.L.. V. Conclusion.

Notes

Achieving the Proper Remedy for a Dissenting Shareholder in Todays Economy: Yuspeh v. Koch

Introduction. I. Yuspeh v. Koch. A. Factual and Procedural Background. B. Summary of the Defendants' Arguments. C. Summary of the Louisiana Court of Appeal's Decision. i. Argument that the Trial Court Failed to Rule that Louisiana Revised Statutes 12:131w as the Minority Shareholders' Sole Remedy. ii. Argument of No Cause of Action for Fraud or Breach of Fiduciary Duty. iii. The Court of Appeal's Determination of the Value of the Stock. II. Pertinent History of Dissenters' Rights. A. Cumberso...

Smith v. Lasers: The Louisiana Supreme Court Adjusts a Legislative Miscalculation

Introduction. I. Retirement Power Struggles: The Factual and Statutory Background of Smith v. LASERS. A. The Plaintiffs: One-Hundred-Sixty-One Department of Corrections Workers. B. The Defendant: The Louisiana State Employees' Retirement System. C. Louisiana Revised Statutes 11:416: Designating Benefits for Retired State Employees who Reenter State Service. 1. Pre 2001: Options for Employees Choosing to Reenter State Service. 2. Act 455: Providing a Generous Opportunity for Retired State Emp...