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This book is written to assist attorneys, law students, paralegals, librarians, and others in researching legal materials effectively and efficiently. While focused on Louisiana law, the book provides the reader with information necessary to research federal law as well as the law of other jurisdictions. The book is user-friendly, providing information about legal research in a straightforward, practical format. The book is a must for anyone conducting legal research in Louisiana and is an excellent guide for legal research novices. In addition to discussing research techniques, sources, and strategies, the book explains the primary legal traditions in the United States and the basic structure of court systems in the United States. Against this backdrop, the book highlights the unique characteristics of the Louisiana legal system, including the State's reliance on the Civil Code, statutory law, and the value of precedent in Louisiana. The book also provides specific information on both electronic and print sources for locating law and gives guidance to the researcher on which sources are most efficiently used to research various types of information. The book touches on strategies for presenting legal arguments and provides information on citing legal sources in accordance with Louisiana custom as well as The Bluebook and the ALWD Guide to Legal Citation. The book even provides its readers with a bit of lagniappe (lanyap), a word used in Louisiana to mean something extra or an unexpected gift. Louisiana lagniappe text boxes found throughout the book provide readers with interesting, historical facts relevant to the sources being discussed. This book is part of the Legal Research Series, edited by Suzanne E. Rowe, Director of Legal Research and Writing, University of Oregon School of Law.
Louisiana Property Law: The Civil Code, Cases, and Commentary is the first new case book in its field in more than a generation. Authored by three experienced scholars from Louisiana, this book presents classic and current cases in a rich contextual setting informed by contemporary property scholarship from the United States and abroad. After introducing the origins and sources of Louisiana property law, each chapter situates Louisiana property jurisprudence in its codal and doctrinal context. In addition to explaining the history, structure, and meaning of relevant provisions of the Louisiana Civil Code and ancillary statutes, the book introduces readers to property texts from mixed jurisdictions such as Québec, South Africa, and Scotland, and compares Louisiana and common law property institutions. In light of this comparative approach, the book will appeal to scholars interested in alternative regulatory models for the law of property. Specific topics include: Sources of Louisiana Property Law (Chapter 1); Ownership, Real Rights, and the Right to Exclude (Chapter 2); The Division of Things (Chapter 3); Classification of Things--Of Movables and Immovables, Corporeals and Incorporeals (Chapter 4); Voluntary Transfers of Ownership (Chapter 5); Accession (Chapter 6); Acquisition of Ownership through Occupancy (Chapter 7); Possession and the Possessory Action (Chapter 8); Acquisitive Prescription with Respect to Immovables (Chapter 9); Vindicating Ownership through Real Actions (Chapter 10); Co-Ownership (Chapter 11); Usufruct (Chapter 12); Natural and Legal Servitudes (Chapter 13); Conventional Predial Servitudes (Chapter 15); Limited Personal Servitudes--Habitation and Right of Use (Chapter 15); and Building Restrictions (Chapters 16).
In 1808 the legislature of the Louisiana territory appointed two men to translate the Digest of the Laws in Force in the Territory of Orleans (or, as it was called at the time, simply the Code) from the original French into English. Those officials, however, did not reveal who received the commission, and the translators never identified themselves. Indeed, the “translators of 1808” guarded their secret so well that their identities have remained unknown for more than two hundred years. Their names, personalities, careers, and credentials, indeed everything about them, have been a missing chapter in Louisiana legal history. In this volume, Vernon Valentine Palmer, through painstaking research, uncovers the identity of the translators, presents their life stories, and evaluates their translation in the context of the birth of civil law in Louisiana. One consequence of the translators' previous anonymity has been that the translation itself has never been fully examined before this study. To be sure, the translation has been criticized and specific errors have been pointed out, but Palmer's study is the first general evaluation that considers the translation's goals, the Louisiana context, its merits and demerits, its innovations, failures, and successes. It thus allows us to understand how much and in what ways the translators affected the future course of Louisiana law. The Lost Translators, through painstaking research, uncovers the identity of the translators, presents their life stories, and evaluates their translation in the context of the birth of civil law in Louisiana.
A path-breaking and masterly study of Louisiana slave law, this fascinating study offers an examination of the complex French, Spanish, Roman and American heritage of Louisiana's law of slavery and its codification, a profile of the first effort in modern history to integrate slavery into a European-style civil code, the 1808 Digest of Orleans, a trailblazing study of the unwritten laws of slavery and the legal impact of customs and practices developing outside of the Codes, an analysis that overturns the previous scholarly view that Roman law was the model for the Code Noir of 1685, a new unabridged translation (by Palmer) of the Code Noir of 1724 with the original French text on facing pages. "A very useful addition to the growing literature on the law of slavery, this book is particularly important in helping understand the complexity of the Louisiana Code Noir and its impact on American slave law. Palmer's discussion of how the Code came to be written will surprise and educate those who read this book. " --Paul Finkelman, John Hope Franklin Visiting Professor of American Legal History Duke University School of Law and President William McKinley Distinguished Professor of Law, Albany Law School "When it comes to demystifying slave law in Louisiana, Vernon Palmer is practically peerless. It's probably because he is equally comfortable in the weeds of lived experience as he is poring over the pages of classical learning. These masterful essays on the Code Noir's origins, plus Louisiana's 150-year interplay between custom and legal practice, belong on the shelf of anyone with the faintest curiosity about human bondage and the laws fashioned to make it work." --Lawrence N. Powell, Professor Emeritus, Department of History, Tulane University "Slavery remains a current social and political problem, and Vernon Palmer s brilliant work illuminates its history, showing its legal and social complexity through a study primarily of Louisiana, where slavery was included in the first civil codes. Beautifully written, humane and insightful, this monograph will promote reflection on the fascinating legal history of Louisiana as well as on the famous Tannenbaum thesis." --John W. Cairns, FRSE, Chair of Legal History, University of Edinburgh "Palmer has written a path-breaking and splendid account of how Louisianians, newly under American rule, wrote the first modern codes that incorporated slavery in a systematic way into their civil law. Until now, ignored by scholars, these codifications moved slavery from the edges of the legal system to the very center stage in Louisiana courtrooms. The redactors of these codes implanted provisions about slavery into the law of persons, property, successions, sales and prescription, producing a unique Atlantic World slave law of incomparable richness and complexity unseen in other legal systems." --Judith Kelleher Schafer author of Slavery, the Civil Law and the Supreme Court of Louisiana and Becoming Free, Remaining Free: Manumission and Enslavement in New Orleans, 1846-1862
Through a mix of different historiographical methods, a broad understanding of legal and social history, and the lens of plural comparative contexts, this collection tells us much about continuity and change in a critical transition period (1763-1848) for Louisiana and the Floridas, as well as for the modern era.
Louisiana Law of Sale and Lease is a concise yet thorough casebook for students of Louisiana's Civil law whose authors have taught the subject for many years. By using a direct and straightforward approach, it will help students understand the articles of the Civil Code that govern sale and lease and the judicial decisions that interpret and apply them. The book includes classic cases, newer cases applying the recent revisions of the law, as well as questions and comments that guide the student to an understanding of the Civil Code articles on sale and lease and their place within the law of contract as a whole.
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.
With obscure terms like 'emphyteusis' and 'jactitation, ' the language of Louisiana's civil law can sometimes be confusing for students and even for seasoned practitioners. But the 'Louisiana Civil Law Dictionary' can help. It defines every word and phrase contained in the index to the Louisiana Civil Code, plus many more - in clear and concise language - and provides current citations to the relevant statutes, code articles, and cases. Whether you are a student, researcher, lawyer, or judge, if you deal with Louisiana and its laws, this volume will prove indispensable. It is also a valuable resource for notaries and paralegals. No doubt common law practitioners in other states, too, will find ready uses for a dictionary that translates civil law terminology into familiar concepts; they will know how 'naked ownership' differs from 'usufruct.' And since the civil law dominates the world's legal systems, this book will find a home with libraries and scholars in many countries, anywhere there is a need to compare civil law terms with those of the common law. "Rome and Kinsella have done a huge service to legal scholarship by assembling the 'Louisiana Civil Law Dictionary' - a splendid resource for those seeking to understand the rich vocabulary of Louisiana law." - Bryan A. Garner, President, LawProse, Inc.; and Editor in Chief, 'Black's Law Dictionary' "For ready reference on the desk or in a personal or law firm library, in the office of a civilian of any walk of practice or intellectual endeavor, this enormously helpful dictionary is a must. This scholarly reference is essential to the study of the civil law tradition; the 'Louisiana Civil Law Dictionary' serves as a gateway to understanding the civil law system embraced by the majority of legal systems in the world." - J. Lanier Yeates, Member, Gordon Arata McCollam Duplantis & Eagan, LLC
For the first time, readers will find here in one place a clear and up-to-date discussion of the four primary "security devices" in Louisiana law: the Louisiana version of Article 9 of the Uniform Commercial Code, mortgages, statutory liens ("privileges"), and personal guarantees ("suretyship"). The discussion is written to be easily accessible to non-experts. It offers both a basic introduction and a detailed but concise explanation of the operation of each of the available security devices, including the complex rules for determining priority among the various devices when they compete with each other, with a trustee in bankruptcy, or with the Internal Revenue Service. This book is designed to allow students and lawyers to solve difficult problems with minimal effort, guided by a logically structured and detailed table of contents, as well as simple illustrations of particularly complex topics. By bringing all of this material together in a clear and focused framework, this book is intended to reduce study and research time for complex secured transactions questions and to increase students' and lawyers' confidence in the resolution of often complex and confusing commercial law problems in the unique environment of Louisiana law. This second edition has been updated to reflect recent changes in the law, especially the complete overhaul of the rules governing agricultural collateral, the filing rules for Orleans Parish, and the expanded application of the certificate of title perfection rules to certain boats and motors.