Judicial Fidelity

Judicial critics abound. Some say the rule of law is dead across all three branches of government. Four are dead if you count the media as the fourth estate. All are in trouble, even if one approves of each branch’s headlines, but none of them are dead. Not yet.Pundits and scholars see the latest term of the Supreme Court as clear evidence of partisan politics and unbridled power. They decry an upheaval of laws and norms demonstrating the dire situation across the federal judiciary. Democracy is not dead even when the Court issues opinions that overturn precedent, upends longstanding constitutional rights, leaks confidential drafts, and countenances judicial failures to recuse despite questionable impartiality. Assuming all these claims are true, not all of them are inherently bad for democracy and the rule of law. Rather, democracy has seen and survived overruling of precedent, counter-majoritarian rulings, and a pendulum of opinions steeped in politics. It has survived ethical failings. Some of these occurrences are measurably bad for the federal judiciary and society, and threaten democracy, but ultimately, the rule of law will survive. It must.For its survival, ink must be spilled, reforms must flow, partisan advocates must be careful what they wish for, and judges themselves must do better. The measure of a person is what one does in the face of a crisis. This article asserts that this crisis is not unprecedented, but it is nonetheless real and serious. Perhaps it is a genuine moment to look to higher powers and within ourselves to “save this honorable court” and, in turn, save democracy.This article defines and promotes novel conception of judicial fidelity. Judges must answer to a duty beyond pure individualistic or tribal motives. Judicial fidelity requires aiming towards judicial ideals such as judicial humility, a balance of heart and mind, transparent reasoning, respect for coordinate branches, fairness towards litigants, and good-faith decisionmaking. This work offers positive and negative examples in recent Supreme Court cases from high-visibility constitutional cases to low-visibility remedial and procedural cases. We are past the claim of neutral principles devoid of any normative wants, but judges can transparently show their reasoning, values, and favored interpretive methods. Accountability must increase for thoughtful critics to promote meaningful reform. Ideally, each party’s judicial nominations will be better stewards of this sacred role federal judges play individually and collectively. A well-functioning federal judiciary must perform its essential functions under Article III with healthy separation-of-powers tension with other government branches, basic procedural checks visibly in place and operating, well-reasoned opinions, and the wise exercise of discretion where the case or its remedy dictate a pivot in the law. Otherwise, those tears in the fabric of democracy will continue to fray and the very foundational constitutional rights at stake will lose their force. With a renewed fidelity to judicial ideals by all actors, the federal judiciary can do its part to protect the rule of law and serve democratic values

Louisiana Law of Obligations in General: A Précis

The fifth edition of Louisiana Law of Obligations in General, A Précis is a student edition of a comprehensive treatise with the same title. The treatise and the student version are the only existing resources available on the market offering an all-inclusive, doctrinal, and practical explanation of this fundamental subject matter. In addition, the reader will be introduced to the civil law methodology in which, according to Roscoe Pound, the civilian is at his best in interpreting, developing, and applying written texts. Although written with students in mind, this Précis is also an ideal resource for legal professionals, judges, and lawyers. The language used is concise and straightforward, but technical where necessary, making this book an easily accessible and effective tool for quick study or as a reference.https://digitalcommons.law.lsu.edu/books/1119/thumbnail.jp

Louisiana Law of Contracts and Quasi-Contracts: A Précis

This new Précis replaces the previous Louisiana Law of Conventional Obligations. With a sharpened focus and clear, concise language, Louisiana Law of Contracts and Quasi-Contracts makes the law and doctrine surrounding this complex legal concept easily accessible to legal practitioners and students alike. The reader is introduced to the civil law methodology through a straightforward analysis by preeminent legal scholars in the civil law, with illustrative examples that clarify both how the law works in a practical way, and why. Features include a new section covering the area of quasi-contracts; appendices with all the pertinent articles from the Civil Code and Code of Civil Procedure; appendix of illustrative cases for each chapter covered; and a convenient and portable softbound format.https://digitalcommons.law.lsu.edu/books/1120/thumbnail.jp

Covid-19 and the Italian Legal System

COVID-19 hit Italy with particular violence. Then spreading around Europe and worldwide, the virus raised unprecedented issues requiring the implementation of urgent measures to prevent its propagation. This Article focuses on selected topics of the Italian civil law particularly affected by the rise of COVID-19 and tries to provide brief comparative remarks. Namely, after summarizing the most important events that occurred in Italy––originating from the discovery of the first Italian case of COVID-19 in Codogno––it outlines relevant social and legal scenarios. This Article also concentrates on commercial lease contracts, and subsequently addresses the legal implications of vaccination, with reference to the consent of incapacitated persons