Louisiana Property Law

Louisiana Property Law

Author: John A. Lovett

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781611630770

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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).


The Lost Translators of 1808 and the Birth of Civil Law in Louisiana

The Lost Translators of 1808 and the Birth of Civil Law in Louisiana

Author: Vernon Valentine Palmer

Publisher: University of Georgia Press

Published: 2021-02-01

Total Pages: 158

ISBN-13: 0820358320

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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.


The Louisiana Purchase and American Expansion, 1803–1898

The Louisiana Purchase and American Expansion, 1803–1898

Author: Sanford Levinson

Publisher: Rowman & Littlefield

Published: 2023-06-14

Total Pages: 271

ISBN-13: 1461644682

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The 1803 purchase of the Louisiana Territory was a watershed event for the fledgling United States. Adding some 829,000 square miles of territory, the Louisiana Purchase set a striking precedent of Presidential power and brought to the surface profound legal and constitutional questions. As the nation continued to expand westward and into the Pacific and Caribbean, critical social, political and constitutional questions arose that greatly tested American resolve and reshaped the nation's founding premises. In this exciting collection, Sanford Levinson and Bartholomew Sparrow bring together noted scholars in American history, constitutional law, and political science to examine role that the Louisiana Purchase played in shaping both the expansionist policies of the nineteenth century and critical interpretations of the Constitution. The Louisiana Purchase and American Expansion, 1803–1898 provides a fascinating overview of how the U.S. Constitution and the American political system is inextricably tied to


Legal Traditions in Louisiana and the Floridas 1763-1848

Legal Traditions in Louisiana and the Floridas 1763-1848

Author: Seán Patrick Donlan

Publisher: Talbot Publishing

Published: 2019

Total Pages: 0

ISBN-13: 9781616195847

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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.


Native America, Discovered and Conquered

Native America, Discovered and Conquered

Author: Robert J. Miller

Publisher: Bloomsbury Publishing USA

Published: 2006-09-30

Total Pages: 241

ISBN-13: 0313071845

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Manifest Destiny, as a term for westward expansion, was not used until the 1840s. Its predecessor was the Doctrine of Discovery, a legal tradition by which Europeans and Americans laid legal claim to the land of the indigenous people that they discovered. In the United States, the British colonists who had recently become Americans were competing with the English, French, and Spanish for control of lands west of the Mississippi. Who would be the discoverers of the Indians and their lands, the United States or the European countries? We know the answer, of course, but in this book, Miller explains for the first time exactly how the United States achieved victory, not only on the ground, but also in the developing legal thought of the day. The American effort began with Thomas Jefferson's authorization of the Lewis & Clark Expedition, which set out in 1803 to lay claim to the West. Lewis and Clark had several charges, among them the discovery of a Northwest Passage—a land route across the continent—in order to establish an American fur trade with China. In addition, the Corps of Northwestern Discovery, as the expedition was called, cataloged new plant and animal life, and performed detailed ethnographic research on the Indians they encountered. This fascinating book lays out how that ethnographic research became the legal basis for Indian removal practices implemented decades later, explaining how the Doctrine of Discovery became part of American law, as it still is today.


Our Documents

Our Documents

Author: The National Archives

Publisher: Oxford University Press

Published: 2006-07-04

Total Pages: 257

ISBN-13: 0198042272

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Our Documents is a collection of 100 documents that the staff of the National Archives has judged most important to the development of the United States. The entry for each document includes a short introduction, a facsimile, and a transcript of the document. Backmatter includes further reading, credits, and index. The book is part of the much larger Our Documents initiative sponsored by the National Archives and Records Administration (NARA), National History Day, the Corporation for National and Community Service, and the USA Freedom Corps.


The Louisiana Purchase

The Louisiana Purchase

Author: Thomas Fleming

Publisher: Wiley

Published: 2003-10-07

Total Pages: 192

ISBN-13: 0471484407

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From The Louisiana Purchase Like many other major events in world history, the Louisiana Purchase is a fascinating mix of destiny and individual energy and creativity. . . . Thomas Jefferson would have been less than human had he not claimed a major share of the credit. In a private letter . . . the president, reviving a favorite metaphor, said he "very early saw" Louisiana was a "speck" that could turn into a "tornado." He added that the public never knew how near "this catastrophe was." But he decided to calm the hotheads of the west and "endure" Napoleon's aggression, betting that a war with England would force Bonaparte to sell. This policy "saved us from the storm." Omitted almost entirely from this account is the melodrama of the purchase, so crowded with "what ifs" that might have changed the outcome-and the history of the world. The reports of the Lewis and Clark expedition . . . electrified the nation with their descriptions of a region of broad rivers and rich soil, of immense herds of buffalo and other game, of grassy prairies seemingly as illimitable as the ocean. . . . From the Louisiana Purchase would come, in future decades, the states of Arkansas, Missouri, Iowa, Nebraska, South Dakota, and large portions of what is now North Dakota, Montana, Wyoming, Minnesota, Colorado, and Louisiana. For the immediate future, the purchase, by doubling the size of the United States, transformed it from a minor to a major world power. The emboldened Americans soon absorbed West and East Florida and fought mighty England to a bloody stalemate in the War of 1812. Looking westward, the orators of the 1840s who preached the "Manifest Destiny" of the United States to preside from sea to shining sea based their oratorical logic on the Louisiana Purchase. TURNING POINTS features preeminent writers offering fresh, personal perspectives on the defining events of our time.