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This collection of essays by experts in the field explores the place of the trust in the modern civil law.
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
Mike Rubin¿s numerous writings on security devices are often cited as authoritative by state and federal courts. The latest edition of his Précis, written in plain English, provides a readily-understandable overview of Louisiana¿s unique laws on mortgage, suretyship, lease financing, the Deficiency Judgment Act, the Private Works Act, and traps for the unwary under Louisiana¿s version of U.C.C. art. 9. Much more than a mere overview, however, it also contains an in-depth discussion of each of these areas, accompanied by numerous examples that concisely illustrate the rules and concepts. Completely updated to reflect legislative and jurisprudential changes, this book is a must-have.
Thousands of complaints are filed against Louisiana lawyers each year. Many are caused by simple mistakes and innocent misunderstandings about what the rules of conduct require. For straightforward answers to professional responsibility questions, get Louisiana Legal Ethics: Standards & Commentary (2021), a comprehensive source for Louisiana legal ethics rules, cases, and indispensable practical advice. Updated for 2021 with more than 40 new reported decisions and ethics opinions. Prof. Dane S. Ciolino edits and annotates this book. He serves as the Alvin R. Christovich Distinguished Professor of Law at Loyola University New Orleans College of Law, where he teaches legal ethics, advocacy, and evidence.
Lousiana Law of Torts: A Précis discusses an understanding of the history and development of Louisiana's tort law that helps place the current state of the law in its proper context. This book also touches on concepts such as intentional torts and negligence, wrongful death, immunity, comparative negligence, and strict and absolute liability. These are not terms found in the Louisiana Civil Code; they have been adopted from the common law. But the concepts these terms embody have their foundations in Louisiana tort law, either through the Code or other legislation or jurisprudence, and from both the common law and civil law influences. For more than 200 years, Louisiana law has been developing under these two influences. The eBook version of this title features a link to Lexis Advance for further legal research options.