Publications

• Papers of the First World Congress in New Orleans in November 2002, “Salience and Unity in the Mixed Jurisdiction Experience”, Tulane Law Review Volume 78 December 2003 Nos. 1 & 2 (view summaries of the papers).

Papers of the Second World Congress in Edinburgh in June 2007, “The Boundaries of Unity: Mixed Systems in Action”, published as volume 12.1, Electronic Journal of Comparative Law, www.ejcl.org (to access the individual papers, see below)

• The Law of Remedies in a Mixed Jurisdiction: The Israeli Experience
  Gabriela Shalev and Yehuda Adar


• Foreign Influences in Israeli Banking Law
  Ricardo Ben-Oliel


• Three of a Kind? Positive Prescription in Sri Lanka, South Africa and Scotland
  David L. Carey Miller


• How Mixed Must a Mixed System Be?
  Ignazio Castellucci


• Oriental and Occidental Laws in Harmonious Co-existence: The Case of Trusts in Sri Lanka
  Anton Cooray


• ‘Our laws are as mixed as our language’: Commentaries on the Laws of England and Ireland, 1704-1804
  Seán Patrick Donlan


• The Codification of Private International Law in Europe: Could the Community Learn from the Experience of Mixed Jurisdictions?
  Aude Fiorini


• The Navajo Nation: A Three-Ingredient Mix
  Dale Beck Furnish


• The Publicity Right in Israel: An Example of Mixed Origins, Values, Rules, Interests and Branches of Law
  Tamar Gidron


• Mixed Jurisdictions in the Commonwealth Caribbean: Mixing, Unmixing, Remixing
  Jane Matthews Glenn


• Liability for the Mass Publication of Private Information in South African Law: NM and others v Smith and others (Freedom of Expression Institute as Amicus Curiae)
  Helen Scott


• The Louisiana Code of Practice (1825): A Civilian Essai Among Anglo-American Sources
  Shael Herman


• The Louisiana Code of Practice (1825): A Civilian Essai Among Anglo-American Sources - Part II (October 2008 supplement)
  Shael Herman


• The Louisiana Code of Practice (1825) - Part III: The Uses of Analogia Iuris (December 2008 supplement)
  Shael Herman


• Creating and Controlling Private Land Use Restrictions in Scotland and Louisiana: A Comparative Mixed Jurisdiction Analysis
  John Lovett


• Recodification of Criminal Law in a Mixed Jurisdiction: The Case of Puerto Rico
  Dora Nevares-Muñiz


• What is a Mixed Legal System: Exclusion or Expansion?
  Esin Örücü


• Two Rival Theories of Mixed Legal Systems
  Vernon V. Palmer


• Tales of the Unexpected: Procedural Rule Changes and Their (Unintended) Consequences
  David Parratt


• Beyond the Usual Suspects: Application of the Mixed Jurisdiction Jurisprudence to International Law and Beyond
  Colin B. Picker


• The Inclusivity of Communal Land Tenure: A Redefinition of Ownership in Canada and South Africa?
  Gerrit Pienaar


• South African Common and Customary Law of Intestate Succession: A Question of Harmonisation, Integration or Abolition
  Christa Rautenbach


• Recodification of Civil Law in Puerto Rico: A Quixotic Pursuit of the Civil Code for the New Millennium
  Marta Figueroa-Torres


• Economic Development and Private Ownership of Immovable Property: A comparison of Louisiana and Haiti
  Winston W. Riddick


• Mixed Jurisdictions: Lessons for European Harmonisation?
  Jan M. Smits


• The Landlord’s Hypothec in Comparative Perspective
  Andrew J.M. Steven


• The Adaptation of the Institution of Apartment Ownership to Civilian Property Law Structures in the Mixed Jurisdictions of South Africa, Sri Lanka and Louisiana
  C.G. van der Merwe


• Contract in Employment: Weathering Storms in Mixed Jurisdictions? Some Comparative Thoughts
  Marlize Ingrid van Jaarsveld


• A Common Frame of Reference for European Private Law - Academic Efforts and Political Realities
  Christian von Bar


• Customary Law v Common Law Marriages: A Hybrid Approach in South Africa
  Marissa Herbst and Willemien du Plessis

Papers of the Bicentennial of the Louisiana Digest of 1808, in Vol. 24, Tulane European and Civil Law Forum, pp 1-263, (2009)

• George Dargo, The Digest of 1808: Historical Perpectives


• John Cairns, The de la Vergne Volume and the Digest of 1808


• Vernon Valentine Palmer, The Strange Science of codifying slavery—Moreau Lislet and the Louisiana Digest of 1808


• Rebecca J. Scott, “She …refuses to Deliver Up Herself as the Slave of Your Petitioner”: Emigres, Enslavement and the 1808 Louisiana Digest of the Civil Laws


• Peter J. Kastor, “Adapted to Its Present System of Government”: Legal Change, National Reorganization, and the Louisiana Civil Law Digest


• Florence M. Jumonville, “Formerly the Property of a Lawyer”—Books That Shaped Louisiana Law


• James Gordley, Louisiana and the Common Law: Le Jour de Gloire, Est-il Passé?


• Shael Herman, The Code of Practice of 1825: The Adaptation of Common Law Institutions


• Jorge Sanchez Cordero, The Reception of Legal systems in the Americas: Diversities and Convergence

Papers from the recent Stellenbosch Conference “Mixed Jurisdictions as Models? Perspectives from Southern Africa and Beyond”, May 2009, are forthcoming in Volume 25, Tulane European and Civil Law Forum (spring 2010). The authors and tentative titles are as follows:

• Xavier Blanc-Jouvan, The Encounter Between Traditional Law and Modern Law in French-Speaking Africa: A Personal Reflection


• Claire Dickerson, OHADA on the Ground: Harmonizing business Laws in Three Dimensions


• Charles Fombad, Mixed Systems in Southern Africa: Divergences and Convergences


• Hector MacQueen, The Common Frame of Reference in Europe


• Christa Roodt, Conflicts Between Courts and Arbitral Tribunals in Africa: An Argument for Harmonization


• Chuma Himonga, State and Individual Perspectives of a Mixed Legal System in Southern Africa Context with Special Reference to Personal Law


• Enyinna Nwauche, The Constitutional Challenge of the Integration and Interaction of Customary Law and the Received English Common Law in Nigeria and Ghana


• Martha Tumnde, Harmonization of Business Law in Cameroon: Issues, Challenges and Prospects

Other Resources

• Bibliography of Puerto Rican Law


• Bibliography of South African Law


• Bibliography of Louisiana Law


• Book Review --- Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland (VV Palmer and EC Reid eds) (Edinburgh University Press 2009)