Author: John A. Lovett
Release Date: 2014-10-09
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 Quebec, 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).
Author: John Randall Trahan
Release Date: 2012-06-25
Louisiana Law of Property: A Précis, focuses on the Louisiana Civil Code as it applies to Property Law. This user-friendly book provides a basic understanding of the principles and rules governing the law of property. The Précis format allows for a brief and specific explanation of the main issues of the civil law of contracts, and is an essential and original resource for Louisiana law students and the legal profession in general.
Author: Vernon Palmer
Publisher: Edinburgh University Press
Release Date: 2009-10-15
Returning to a theme featured in some of the earlier volumes in the Edinburgh Studies in Law series, this volume offers an in-depth study of 'mixed jurisdictions' - legal systems which combine elements of the Anglo-American Common Law and the European Civil Law traditions. This new collection of essays compares key areas of private law in Scotland and Louisiana. In thirteen chapters, written by distinguished scholars on both sides of the Atlantic, it explores not only legal rules but also the reasons for the rules, discussing legal history, social and cultural factors, and the law in practice, in order to account for patterns of similarity and difference. Contributions are drawn from the Law Schools of Tulane University, Louisiana State University, Loyola University New Orleans, the American University Washington DC, and the Universities of Aberdeen, Strathclyde and Edinburgh.
Author: Janet Allured
Publisher: University of Georgia Press
Release Date: 2015-12-30
Genre: Biography & Autobiography
Highlights the significant historical contributions of some of Louisiana's most noteworthy and also overlooked women from the eighteenth century to the present. This volume underscores the cultural, social, and political distinctiveness of the state and showcases how these women affected its history.
Author: Gregory W. Rome
Publisher: Quid Pro Books
Release Date: 2011-07-15
With obscure terms like 'emphyteusis' and 'jactitation,' the language of Louisianais 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 paralegal assistants. 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' is different from 'usufruct.' And since the civil law dominates the world's legal systems, this book will find a home with libraries and scholars the world over, anywhere there is a need to compare civil law terms with those of the common law.Quality ebook formatting from Quid Pro Books features active contents, linked notes and URLs, and hundreds of linked cross-references for ready association of related topics. Print editions are available of this valuable resource, yet the ebook format is not just a textual replication of the print book or a PDF; instead, the ebook is carefully designed to take full advantage of the digital ereader's optimal arrangements and hyperlinking. "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'
Author: Frank L. Maraist
Release Date: 2017-11-03
Thoroughly updated, Lousiana Tort Law is the first book to treat comprehensively tort theory and practice in Louisiana. Cited over 140 times in Louisiana case law and law reviews over the last 4 years, the publication provides discussion and analysis of all significant post-1996 jurisprudence on Louisiana's civil justice reform. Covering all major areas of tort theory and practice in the state, the authors include detailed coverage of intentional torts, negligence, strict liability, absolute liability, and defenses. This eBook features links to Lexis Advance for further legal research options.
Author: Michael H. Rubin
Release Date: 2011-06-02
Any decision about Louisiana collateral, financing, lending, mortgages, guarantees, liens and privileges, and collection procedures must take into account that Louisiana is the only state in the nation with civil law (rather than common law). Louisiana's Civil Code, with rules that trace back to the Napoleonic Code, and related statutes are the key to understanding this area of law. The Precis series of titles provides a comprehensive view of all of these topics and more. Areas covered by Louisiana Law of Security Devices include: • Suretyship and guarantees, including rules pertaining to Louisiana's categories of commercial, legal, and ordinary sureties; • Mortgage lending, including creation of mortgage, the types of Louisiana mortgages (conventional, legal and judicial), necessary provisions for a valid mortgage and desirable provisions for judicial execution on mortgages, and mortgage ranking; • Louisiana's law of registry and public records; • Title examination; • The interrelationship of the U.C.C. with Louisiana mortgage laws; • Securing interests in leases, in a rental income stream, and in leased property; • Judicial and non-judicial foreclosure rules, including the Louisiana Deficiency Judgment Act; • Louisiana liens and privileges, including general privileges as well as special privileges on both movable and immovable property; and • The Louisiana Private Works Act, governing materialmen's liens. Louisiana Law of Security Devices contains, in easy-to-understand, non-legalese language: • A detailed discussion of all of the key Civil Code articles and other statutes • Numerous examples of how these rules interrelate; • Examples of how to resolve complex issues of ranking security devices • Practical "how to" tips for practitioners; and • Warnings of potential traps for the unwary in drafting and negotiating lending documents.
Author: William M. LANDES
Publisher: Harvard University Press
Release Date: 2009-06-30
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
Author: Stephen E. Covell
Publisher: Pelican Publishing Company
Release Date: 2012-07-18
"Designed to allow residents to navigate a unique legal system, this is the only book on Louisiana law written for laymen. Frequently asked questions and a glossary of terms are also included. From buying a home to writing a will to starting a business, Louisiana residents will save time, money, and worry with this do-it-yourself guide that incorporates essential information. Topics include: Why Louisiana law is different from that of the other forty-nine states ; Here you should file: federal court, district court, city court, small claims court, or justice of the peace court ; How to write a will, create a marriage contract, change your name, form a corporation, protect assets, recover a debt, recover a rent deposit, use the Lemon Law, fight for custody, settle a small estate, deal with a bankruptcy, protect yourself in a divorce, and more" --from the publisher.