Introduction

100 Years of LSU Law, 1906-2006: A Centennial Gloss

Articles

Glossae on the New Law of Filiation

"Opening the Barbarians' Gate" or Watching the Barbarians from the Coliseum: A Requiem on the Nomos of the Louisiana Civil Law

I. Institutional Identity Versus Nomos. II. Louisiana Narratives. III. Why a Nomos.

The Supreme Court, Justinian, and Antonin Scalia: Twenty Years in Retrospect

I. Columbus Day, 1986, Address to the American Justinian Society of Jurists. II. Scalia-Twenty Years in Retrospect.

Who's Your Momma, Who Are Your Daddies? Louisiana's New Law of Filiation

I. Introduction. II. Identification of Mother. III. Presumption Applied to First and Second Husbands: Disavowal and Resurrection of Presumption. IV. Contestation Action by The Mother: New but Limited. V. Legitimation by Subsequent Marriage Becomes a Presumption of Paternity. VI. Formal Acknowledgment as a Presumption: Depends Upon Age of Child and The Issue Litigated. VII. Limited Recognition of Dual Paternity When Asserted by The Father. VIII. Federalization of Family Law. IX. Conclusion. Ap...

Comments

A Wolf in Sheep's Clothing: Dressing-Up Substantive Legislation to Trigger the Interpretive Exception to Retroactivity Violates Constitutional Principles

I. Introduction. II. Background: Recognizing Constitutional Problems and Uncovering the Reasoning Behind Existing Classification Policies. A. Legislative Abuse: Constitutional Consequences. B. The Civilian Exception: French Foundation of Louisiana Tradition. C. Existing Legal Regime: Classification Rules and Judicial Techniques. 1. Legislative Intent. 2. Interpretive or Substantive?: Applying Jurisprudential Tests. III. Analysis. A. Optimal Characteristics of a Proposed Definition. 1. Periphe...

Angel Investor Tax Credit v. CAPCO: More Bang for the Buck?

I. Introduction-Louisiana's Business Climate. II. The First Effort at Stimulating Growth-CAPCO Program. A. How It Works. B. Problems Associated with the CAPCO Program. III. Louisiana's Most Recent Effort-the Angel Investor Tax Credit. A. How It Works. B. Improvements over CAPCO?. C. Potential Shortcomings. IV. Is the Aitc Worth It?. V. Conclusion.

Opening the Can of Worms and Putting Them Back in: An Analysis of New Louisiana Civil Code Article 2695

Introduction. I. The Pre-revision Law of Lease: Chaos Created by Cross-reference to the Law of Accession. A. Accession in General. B. The Accession Articles' Rules of Ownership. 1. Is Separate Ownership Possible?. 2. Distinguishing Between Things That Can Be Owned Separately and Things That Cannot. C. The Remedies Provided by the Accession Articles. 1. An Overlap Revisited. 2. A Gap for Improvements for Which Consent Was Not Given. D. Interplay Between Ownership and Remedies: The Evolution of...

Presumption Junction: Honey, You Weren't Part of the Function - A Louisiana Mother's New Right to Contest Her Husband's Paternity

I. Introduction. II. Background: Rebutting the Marital Presumption Prior to 2005. III. Introducing Article 191: A Mother's Paternity Action. A. Comparative Sources of a Similar Right: Foreign Civil Code Jurisdictions. B. Comparative Sources of a Similar Right: The Uniform Parentage Act. IV. Article by Article Commentary of a Mother's New Right. A. Article 191. B. Article 192. C. Article 193. D. Article 194. V. Assessing the New Law: Is it Good For the Child?. VI. Conclusion.

The Legal Fiction of "Clear Text" in Willis-Knigthon v. Caddo-Shreveport Sales and Use Tax Comission

I. Introduction. II. Background on Civilian Methodology. A. What is "Civilian"?. B. The Domain of Interpretation. 1. Exegetical Method. a. Grammatical Interpretation. b. Logical Interpretation. c. Historical Interpretation. i. Legislative History and Preparatory Works. ii. Historical Sources of Legislation. 2. Teleological Method. 3. The Influence of Secondary Sources of Law. a. Jurisprudence. b. Doctrine. III. The Court's Analysis in Willis-Knighton. IV. Problems With the Willis-Knighton App...