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85 Tul. L. Rev. 635 (2010-2011)

handle is hein.journals/tulr85 and id is 641 raw text is: Did You Ever Hear of the Napoleonic Code, Stella? A Mixed Jurisdiction Impact Analysis from Louisiana's Law Laboratory Markus G. Pudert This Article develops the themes of history language, and culture in the art of mired juisdiction inpact analysis. It showcases a specific law (former article 177 of the Louisiana Civil Code) governig the liability of the building master for things thmwn out of the house into the stret or public road Our case study gives real meaning to the Romanist mixit6 wrought mto Loisiana civiian core. The rader is not only invited to take a seat on the time machine fora journey through Louisiana k codal triad back to Roman law with stops i MedevalSpanish law and Pre-Napoleonic French law but also encouraged to reflect on present-day alternatives for construing and applying the law I. PROLOGUE ................................ ............. 636 II. TRAILER: LITIGATION OF A BIZARRE LIABILITY QUESTION.......639 Hl. ROMANIST MAIN FEATURE: JUDGE WISDOM AND LOUISIANA M I7T ................................ 640 A. Judge Wisdom & Identification of the Crucial Links in the MHstorical Derivadon ofAticle 177........................640 1. Point of Departure: The de la Vergne Volume......... 642 2. First Stop: Castilian Medieval Law...... .....645 3. Next Stop: Classical Roman Law ...........647 4. Final Stop: French Precodal Authority ... .....649 B. Mired Jisdiction ImpactAnalysis of the Derivation Yield...........................650 1. Analysis of the Historical Sources in Their Original Contexts ......................651 * This Article derives from a keynote at the Festive Proceedings To Celebrate Ten Years of Summer School European Private Law at the Faculty of Law of the University of Salzburg on July 6, 2009. The author wishes to thank Professor Michael Rainer, Director of the Summer School Program of the University of Salzburg, for his generous hospitality. Special gratitude is extended to Professors Dominique M. Custos, Antonio Guarino, David Gruning, John A. Lovett, and James Etienne Viator for offering their comments. All foreign sources, including laws, court rulings, and Internet sources are on file with the author. f O 2011 Markus G. Puder. Associate Professor of Law, Loyola University New Orleans College of Law. First Legal State Examination, Ludwig-Maximilians University, Munich, Germany; Second Legal State Examination, Munich Upper Regional Court of Appeals; LL.M., Georgetown University Law Center; Ph.D. in Law, Ludwig-Maximilians University. Member of the New York State Bar and the United States Supreme Court Bar. Admission to the practice of law in the Federal Republic of Germany. 635

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