A Reappraisal Appraised

A Reappraisal Appraised
Author: Harriet Spiller Daggett
Publisher:
Total Pages: 40
Release: 1937
Genre: Civil law
ISBN:

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From Chaos to Continuity

From Chaos to Continuity
Author: Mark Fernandez
Publisher: LSU Press
Total Pages: 168
Release: 2015-06-22
Genre: Law
ISBN: 0807156876

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Historians have long viewed Louisiana as an anomaly in the American judicial system-an eccentric appendage at the mouth of the Mississippi River. The diverse Creole culture and civilian heritage of the state's legal system have led many scholars to conclude that it is an anachronism in American law unworthy of serious attention. Others embrace this tradition and revel in the minutiae of the Pelican State's unique civil law legacy. In From Chaos to Continuity, Mark F. Fernandez challenges both perspectives. Using the innovative methods of the New Louisiana Legal History, he offers the first comprehensive analysis of the role of the courts in the development of Louisiana's legal system and convincingly argues that the state is actually a representative model of American law and justice. Tracing the rise of Louisiana's system from its earliest colonial origins to its closure during Federal occupation in 1862, Fernandez describes the introduction of common law after American takeover of the colony; the chaotic combination of French, Spanish, and Anglo legal traditions; the evolution of that jurisdiction; the role of the courts-especially the state supreme court-in maintaining the mixture; and the judge's proper function in administering justice. According to Fernandez, the challenge of integrating two very different systems of law was not unique to Louisiana. Indeed, most antebellum southern states had legal systems that incorporated important traditional aspects of their colonial legal orders to varying degrees. From Chaos to Continuity liberates Louisiana's legal history from the quirky restraints of the past and allows scholars and students alike to see the state as an integral part of American legal history.

A Law unto Itself?

A Law unto Itself?
Author: Warren M. Billings
Publisher: LSU Press
Total Pages: 248
Release: 2001-01-01
Genre: Law
ISBN: 9780807125830

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Louisiana's legal heritage has long been a source of fascination, curiosity, and sadly, misinformation. Outsiders have viewed the legal system as an anomaly and have shunned its study because of its perceived quirkiness. Moreover, past writings about the state's legal structure have focused on the minutiae of Louisiana's civil law origins, adding to an image of peculiarity. Consequently, Louisiana has been generally ignored in treatments of American or southern legal history. Recently, however, a new vision has emerged the New Louisiana Legal History. A product of an energetic cadre of writers, this rendering explores new methods and areas of research with the aim of integrating Louisiana into the mainstream of American legal history, southern history, and American history in general. The ten essays in this volume -- which address law in the state through the nineteenth century -- mark the coming of age of the New Louisiana Legal History. Grounded in novel research methodologies and underutilized manuscripts, this book links the distinctive history of Louisiana law to the wider contexts of southern and American history and offers an exciting new interpretation of the state's unique past.

LSU Law

LSU Law
Author: W. Lee Hargrave
Publisher: LSU Press
Total Pages: 355
Release: 2023-07-26
Genre: Education
ISBN: 080718134X

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From its founding in 1906, the Louisiana State University Law School has offered its students a truly distinctive legal education. Integrated programs in Louisiana’s unique civil law, in Anglo-American common law and federal law, and in international and comparative law create a global law curriculum recognized for both its academic excellence and its outstanding teaching, research, and public service faculty. In LSU Law, alumnus and professor W. Lee Hargrave chronicles the first seventy years of this institution—from its opening classes to the death of its longtime dean, Paul M. Hebert, and its transformation into an autonomous Law Center. He reveals the faces and forces that have helped to create the special mystique surrounding the school and the significance attached to a law degree from LSU. After an initial discussion of the legal profession in Louisiana before the establishment of formal academic instruction, Hargrave maps the school’s growth and development. He charts the organizational difficulties of the early years, reputation building in the twenties, politically influenced extravagance in the thirties, wartime challenges in the forties, return to normalcy in the fifties, steady growth in the sixties, and overcrowding in the seventies. Throughout, he explores all aspects of the school—its administrators and faculty, student body, shifting admission requirements, curriculum, grading system debates, influence on Louisiana’s legal community and state government, and much more. He also describes how students lived and learned during each era and discusses the effects of outside people and events—including Huey P. Long, World War II, and the civil rights movement—on the school. Hargrave tells the history of the LSU Law School in the context of changes that occurred in legal education throughout the United States, making his work of interest to legal historians and the national law school community. Alumni will also appreciate this detailed study of what has become a Louisiana institution.

Louisiana's Legal Heritage

Louisiana's Legal Heritage
Author: Edward F. Haas
Publisher:
Total Pages: 242
Release: 1983
Genre: Law
ISBN:

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An Uncommon Experience

An Uncommon Experience
Author: Judith Kelleher Schafer
Publisher: University of Louisiana
Total Pages: 894
Release: 1997
Genre: Law
ISBN:

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Explores the resulting mixed jurisprudence that is similar, but also different from that of other Southern states or the nation.

Mixed Jurisdictions Worldwide

Mixed Jurisdictions Worldwide
Author: Vernon V. Palmer
Publisher: Cambridge University Press
Total Pages: 520
Release: 2001-05-03
Genre: Law
ISBN: 9780521781541

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Approximately 150 million people worldwide live in legal systems in which there is both a common law and a civil law content, yet there has been little comparative study of the experience of these 'mixed jurisdictions'. Here, the author considers these jurisdictions in a comparative framework, which includes their founding and raisons d'être, as well as the cultural divisions of the jurists and the evolutionary tendencies of their common and civil law components. In addition, he examines the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. The book argues that the legal systems of such far-flung and diverse cultures as the Philippines, Quebec, Scotland and South Africa have many unique and fruitful points of comparison. The conclusion is that these mixed jurisdictions form a closely related 'Third Legal Family' with cohesive traits and tendencies.

Mixed Jurisdictions Worldwide

Mixed Jurisdictions Worldwide
Author: Vernon Valentine Palmer
Publisher: Cambridge University Press
Total Pages: 727
Release: 2012-06-28
Genre: Law
ISBN: 1139510355

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This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.