Tulane Law Review
  • Main
  • Issues
    • All Volumes
    • Volume 87
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
    • Volume 86
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5
      • Issue 6
    • Volume 85
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5&6
    • Volume 84
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5
      • Issue 6
    • Admiralty Law Institute
      • 2011
      • 2009
      • 2007
      • 2005
      • 2003
      • 2001
      • 1999
      • 1995
      • 1994
      • 1991
      • 1989
      • 1988
      • 1985
      • 1983
  • Events
  • Masthead
  • History
  • Purpose
  • Submissions
  • Order
    • Subscribe
    • Back Issues
  • Contact
Tulane Law Review
RSSTwitterFacebook
All Volumes

Navigating the Murky Waters of Admiralty and Bankruptcy Law

Stewart F. Peck | Article

When U.S. bankruptcy law converges with federal admiralty law, complex jurisdictional conflicts and constitutional issues arise.  This Article explores the history of how courts have treated the intersection of these two complex bodies of federal law, with a particular focus on Article III of the United States Constitution in the wake of the United States Supreme Court’s decision Stern v. Marshall.  Because this fundamental issue regarding the power of bankruptcy courts to adjudicate admiralty matters may have a significant practical effect on maritime creditors, it is important that maritime practitioners be cognizant of the principles of bankruptcy jurisdiction.  The Article [...]

[Continue Reading...]

Friendship’s Bounty

Shael Herman | Symposium

Sacerrimus intimæ pietatis indagator (“Devoted investigator of profound faithfulness”).

Born April 2, 1936, in Edinburgh, Scotland, John Antony Weir, called “Tony” by friends and colleagues, graduated in 1952 from Fettes College, Edinburgh.  Both polymath and polyglot, he was excused from regular classes in his last year at Fettes to roam through self-designed reading lists.  At age sixteen he won a scholarship to Trinity College, Cambridge.  He deferred enrollment at Trinity for several years so that he could perform military service in the Cameronians, a Scots rifle regiment.

Initially a student of classical languages, Weir switched to law at Trinity and [...]

[Continue Reading...]

Unworthiness to Inherit, Public Policy, Forfeiture: The Scottish Story

John MacLeod and Reinhard Zimmermann | Symposium

The concerns addressed by the civilian rules on unworthiness to inherit (indignitas succedendi) must be addressed by any legal system.  When they arose in Scotland, responses tended to be found by the extension or development of other rules.  Even where there was reference to the idea of unworthiness, as in the Parricide Act 1594 and in Buchanan v Paterson (1704), the result was later re-conceptualized along different lines.  In recent years, the Scottish courts have been more receptive to the public policy principle that no one is to benefit from his or her own wrong, taken from the English common [...]

[Continue Reading...]

Path Dependence and Legal Development

John Bell | Symposium

“Path dependence” is an important explanation in comparative law, but it also recognises that the law does develop by breaking out of the mould cast by the past.  Path dependence affects not only the legal concepts that the law uses to solve problems, but whether the law will intervene in a problem area or not.  Path dependence assumes that there is no ideal solution, but an equilibrium can be found within a particular society between the role of law and that of other social institutions.  The scope for change depends significantly on the extent to which a particular legal approach [...]

[Continue Reading...]

A Friendship in the Law: David Daube and T.B. Smith

Hector L. MacQueen | Symposium

This Article is a study of the relationship between two academic lawyers of the twentieth century, David Daube and Sir Thomas Broun Smith, with particular focus on their period as colleagues at Aberdeen University in Scotland in the early 1950s.  The Article also considers their position in relation to the then-recent experience of World War II and Nazi Germany.  It highlights the importance of the relationship for the development of modern academic law in Scotland.  The Appendices publish the texts of relevant correspondence between the two men.

[Continue Reading...]

English Torts and Roman Delicts: The Correspondence of James Muirhead and Frederick Pollock

John W. Cairns | Symposium

The revival of the study of Roman law in Britain in the second half of the nineteenth century was a complex development not yet fully understood.  It is evident that awareness of German scholarship in Roman law, both systematic and historical, and the development of curricula in the universities were crucial in this revival, which also influenced the writing of treatises on the common law.

This Article focuses on the publication of Erwin Grueber’s textbook on the Lex Aquilia intended for use by students in Oxford.  It places it in context and explores the reaction to it of James Muirhead, [...]

[Continue Reading...]

A Case, a Statute, and Some Thoughts on the Proper Role of Policy

David Johnston | Symposium

This short Article written in memory of Tony Weir considers a broad general theme reflected in his own work: the importance for the development of law, in the face of competing policy arguments, of never losing sight of principle. Case law clearly brings out the tension between principle and policy. But the proper role of policy also underlies issues of statutory interpretation. By way of example the Article looks at one case and one statute. It suggests that before weighing up countervailing policies, it is important to pay close attention to the underlying structure and principles of case law. Similarly, [...]

[Continue Reading...]

Malice in the Jungle of Torts

Elspeth Reid | Symposium

This Article takes as its starting point Tony Weir’s comparative essays on the law of torts.  In particular it examines the circumstances in which requirement to establish malice subsists in the intentional torts and tracks “the staggering march of negligence” first charted by Weir fifteen years ago.  As the conclusion argues, this process is certain to continue unless greater precision can be achieved identifying the element of intention entailed in different wrongs and the interests thereby protected.

[Continue Reading...]

A Clear Case of Tort Gone Wrong: A View From the Other Side of the Pond

Shael Herman | Symposium

Taking a cue from Weir’s observation that law is shaped by cultural preoccupations, perhaps we may profitably examine the march of negligence, at least in defamation actions, in terms of English and American social differences.  Social contrasts between the libel laws of the two jurisdictions are stark.  Committed to free speech protections of the first amendment, an American reader may be surprised that English practice has made a plaintiff’s showing of a defendant’s negligence adequate for their  recovery for libel.  An English lawyer’s dilution of the freedom of speech seems alien to the American counterpart:  “One person’s freedom to speak [...]

[Continue Reading...]

The Method of the Roman Jurists

James Gordley | Symposium

The Roman jurists developed a method that is not like that of Greek philosophy, modern physics, or economics.  Their fundamental concepts were familiar from ordinary experience–for example, possession, fault, and consent.  They were not abstracted from experience like substance and accident, mass and energy, or supply and demand, which are understood only by those who have studied philosophy, physics, or economics.  The Romans refined and identified these concepts by putting concrete cases.  They would move from a concept to its application in a particular case all at once without explaining how they got from the one to the other. In [...]

[Continue Reading...]
  • ← Previous Entries
  • Author Biography

      Senior Partner and Founding Member of Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, Louisiana. J.D. 1977, Order of the Coif, Tulane University School of Law; Member 1977, Board of Editors, Tulane Law Review; A.B. 1974, magna cum laude with distinction, Phi Beta Kappa, Kenyon College.
  • Citation

      87 Tul. L. Rev. 955 (2013)
  • Directory

    • All Volumes
      • Volume 87
        • Issue 1
        • Issue 2
        • Issue 3
      • Volume 86
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
      • Volume 85
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5 & 6
      • Volume 84
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
  • Directory

    • All Volumes
      • Volume 87
        • Issue 1
        • Issue 2
        • Issue 3
      • Volume 86
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
      • Volume 85
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5 & 6
      • Volume 84
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6

Contact

Tulane Law Review
Tulane University Law School
6329 Freret Street
New Orleans, Louisiana 70118-6231
Telephone: (504) 865-5973 or (504) 865-5974
Facsimile: (504) 862-8858
E-mail: lawjournals@tulane.edu

Return to the Tulane website.

© 2012 Tulane Law Review

Search

Topics

Administrative Law Admiralty Jurisdiction Admiralty Law Antiassignment Clauses Antitrust Law Arbitration Child Custody Choice of Law Civil Law Civil Procedure Community Property Comparative Law Constitutional Law Contract Law Corporate Law Criminal Law Deepwater Horizon Oil Spill Employment Law Environmental Law Family Law Federalism and Preemption Federal Preemption of State Law Fourth Amendment Health Care Law Intellectual Property Intercollegiate Athletics International Law Judicial Review Law and Economics Local Government Localism Louisiana's Wetlands Louisiana Noncompete Agreements Louisiana Unfair Trade Practices Act Mixed Jurisdictions Municipal Government Piracy Preemption of State Tort Law Property Law Right to Counsel Roman Law Software Transactions Sports Law Tax Law Tort Law