Florida Parishes by Joel Gardner
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Historical Background of Florida Law James Milton Carson
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Miami School of Law University of Miami Law School Institutional Repository University of Miami Law Review 2-1-1949 Historical Background of Florida Law James Milton Carson Follow this and additional works at: http://repository.law.miami.edu/umlr Recommended Citation James Milton Carson, Historical Background of Florida Law, 3 U. Miami L. Rev. 254 (1949) Available at: http://repository.law.miami.edu/umlr/vol3/iss2/6 This Article is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. HISTORICAL BACKGROUND OF FLORIDA LAW* * JAMES MILTON CARSON ' I THE NATURE AND ORIGIN OF LAW All law must derive from the psychology of the people of each particular jurisdiction, and when we speak of the psychology of the people we mean the controlling, or "mass," or "mob" psychology of the people in any particular jurisdiction. Clarence Darrow in an.article in the American Mercury,1 went very deeply into the history of the influence of the masses of the people upon laws sought to be imposed from above, and demonstrated that even in countries whose governments are considered despotic or monarchical, the people them- selves must support the laws, or else they fall into disuse and are finally re- pealed. Since law must depend upon the psychology of the people in the particular jurisdiction, it becomes essential in trying to trace the development of law in a state such as Florida to consider the different influences which enter into the formation of the so-called "mob" psychology of the people. -
Analyzing Louisiana's Sales Taxsystem in the Wake of South
Louisiana Law Review Volume 80 Number 1 Fall 2019 Article 13 3-3-2020 There Must Be a Better Way: Analyzing Louisiana’s Sales TaxSystem in the Wake of South Dakota v. Wayfair, Inc. Claire E. Schnell Follow this and additional works at: https://digitalcommons.law.lsu.edu/lalrev Part of the Law Commons Repository Citation Claire E. Schnell, There Must Be a Better Way: Analyzing Louisiana’s Sales TaxSystem in the Wake of South Dakota v. Wayfair, Inc., 80 La. L. Rev. (2020) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol80/iss1/13 This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. There Must Be a Better Way: Analyzing Louisiana’s Sales Tax System in the Wake of South Dakota v. Wayfair, Inc. Claire E. Schnell* TABLE OF CONTENTS Introduction .................................................................................. 248 I. Origins of the Physical Presence Requirement ............................ 251 A. Why “Use Taxes”? ................................................................ 251 B. History of the Physical Presence Requirement ...................... 252 1. National Bellas Hess v. Department of Revenue of Illinois: The Seminal Case on the Physical Presence Requirement ..................................................... 253 2. Complete Auto Transit, Inc. v. Brady: Introduction of “Substantial Nexus” ............................... 254 3. Quill Corp. v. North Dakota: The Physical Presence Requirement Lives on in the Digital Age ........ 254 4. Congressional Inaction in the Wake of Quill .................. 255 5. Direct Marketing Concurrence: Tides Turning on the Physical Presence Requirement ........................... -
Important Things to Remember When Using Forest Herbicides
Bossier Parish Office Post Office Box 370 Benton, LA 71006-0370 Courthouse, 4th Floor 204 Burt Boulevard (318) 965-2326 Fax: (318) 965-3712 Timber Tales No. 143 News and Ideas for Forest Landowners from Ricky Kilpatrick, Area Forestry Agent 1st Quarter 2013 Important Things to Remember When Using Forest Herbicides Here are a few ideas that may be helpful if you use forest herbicides in your forest management work. 1. It is much safer to bring your water to the site and add it to your spray rig and chemical. Mixing at the water source can contaminate your well water from spillage. Putting a hose in the spray tank can and will often result in back-siphoning of the chemical into the well or water source. If this happens, you have got serious problems! 2. Always keep records of any forest herbicides you apply. This is required by law for any federally registered restricted use pesticides, but it is a good idea to do this for the others also. This is also a good way to keep track of costs for tax purposes. The Extension Service has a Field Diary for Recording the Application of Restricted Use Pesticides. Contact your county agent for a copy. 3. Anytime you apply forest herbicides, you should triple rinse your sprayer after completing the job. The rinsing should be done on the target site also. 4. For more information on spray equipment wastewater disposal, pesticide container disposal or pesticide regulations, contact your county agent. If you are unsure about anything regarding pesticides, be sure and call. -
A Confusion of Institutions: Spanish Law and Practice in a Francophone Colony, Louisiana, 1763-Circa 1798
THE TULANE EUROPEAN AND CIVIL LAW FORUM VOLUME 31/32 2017 A Confusion of Institutions: Spanish Law and Practice in a Francophone Colony, Louisiana, 1763-circa 1798 Paul E Hoffman* I. INTRODUCTION ..................................................................................... 1 II. THE ECONOMIC SYSTEM AND LOCAL LAW AND ORDER .................... 4 III. SLAVERY ............................................................................................. 13 IV. CONCLUSION ...................................................................................... 20 I. INTRODUCTION French Louisiana had been a thorn in the flank of Spain’s Atlantic Empire from its founding in 1699. Failure to remove that thorn in 1699 and again in 1716, when doing so would have been comparatively easy and Spanish naval forces were positioned to do so, meant that by 1762 the wound had festered, so that the colony had become what La Salle, Iberville, Bienville, and their royal masters had envisioned: a smuggling station through which French goods reached New Spain and Cuba and their goods—dye stuffs and silver mostly—reached France and helped to pay the costs of a colony that consumed more than it produced, at least so 1 far as the French crown’s finances were concerned. * © 2017 Paul E Hoffman. Professor Emeritus of History, Louisiana State University. 1. I have borrowed the “thorn” from ROBERT S. WEDDLE, THE FRENCH THORN: RIVAL EXPLORERS IN THE SPANISH SEA, 1682-1762 (1991); ROBERT S. WEDDLE, CHANGING TIDES: TWILIGHT AND DAWN IN THE SPANISH SEA, 1763-1803 (1995) (carries the story of explorations). The most detailed history of the French colony to 1731 is the five volumes of A History of French Louisiana: MARCEL GIRAUD, 1-4 HISTOIRE DE LA LOUISIANA FRANÇAISE (1953-74); 1 A HISTORY OF FRENCH LOUISIANA: THE REIGN OF LOUIS XIV, 1698-1715 (Joseph C. -
Baton Rouge, Louisiana
BATON ROUGE, LOUISIANA STEADY RENT GROWTH PROJECTED AS LOCAL TRADE ECONOMY EXPANDS MARKET TRENDS While payrolls shrank by close to 30,000 jobs in EFFECTIVE RENT AND OCCUPANCY 2020, jobs recovery will be a major trend in 2021 $1,050 98% and ultimately will be critical in buoying demand for apartments in Baton Rouge. Positive momen- tum is expected in the construction and the trade and transportation industries thanks to major $1,020 96% expansions at ports that act as vital economic hubs. In October 2020, port officials entered into a lease agreement with Houston-based renew- $990 94% able energy company Greentech Materials. The tech firm aims to develop a 164-acre diesel fuel plant that would create 500 jobs during construc- $960 92% tion and dozens of high-paying tech jobs fol- lowing completion. Likewise, energy giant Shell is considering a $1.2 billion investment into its Geismar plant that would create approximately $930 90% * ** ** 150 permanent positions and 1,500 construction ’16 ’17 ’18 ’19 ’20 ’21 ’22 Effective Rent Occupancy jobs. Despite the negative pressure on the econ- omy caused by pandemic restrictions, pent-up ABSORPTION AND DELIVERIES demand for apartment housing encouraged 2021 MARKET AT A GLANCE operators to increase effective rent 0.8% during 4,000 2020 as occupancy rose 140 basis points annually OCCUPANCY RATE to 93.1%. Effective rent should continue increasing in 2021 and 2022 with the expectation that the 93.0% Down 10 bps YOY diversifying economy and low cost of living will 2,000 continue to attract new renters to the area as it fully recovers from the pandemic. -
Northern and Louisiana Waterthrushes in California
CALIFORNIA BIRDS Volume 2, Number 3, 1971 NORTHERN AND LOUISIANA WATERTHRUSHES IN CALIFORNIA Laurence C. Binford INTRODUCTION No thorough summaryof the Californiastatus of the Northern Waterthrush Seiurus noveboracensis and the Louisiana Waterthrush S. rnotacillahas been publishedsince 1944 (Grinnelland Miller). Since then the statusof the LouisianaWaterthrush has not changed,there still beingonly one recordfor the state. For the Northern Waterthrush, on the other hand, the increasein number and sophisticationof birdershas producedmany additional records, from which certain trends begin to emerge. One problem that rendersthese new data difficult to interpret is "observerbias." Field ornithologiststend to be selectivein their birding habits in respectto localitiesand dates. As a result, large areas of the state remain virtually unworked, and other localities are visited only at certain times of the year. My remarksconcerning the statusof the Northern Waterthrushin Californiaare thereforelargely speculative. Calif. Birds2:77-92, 1971 77 WATERTHRUSHES IN CALIFORNIA NORTHERN WATERTHRUSH The Northern Waterthrush breeds from north-central Alaska and the tree line in northern Canada south to central British Columbia and the northern tier of states from Idaho eastward. In winter it occursprimarily from southernMexico, the Bahamas,and Bermuda south through Central America and the West Indies to northern South America. It winters in smaller numbers on both coasts of Mexico north to San Luis Potosi,Sinaloa (rare), Nayarit (common), and southern Baja California, and casuallyin southeasternUnited States(Alden, 1969; AmericanOrnithologists' Union, 1957; Miller, et al., 1957). Althoughthis speciesmigrates principally through central and eastern United States and acrossthe Gulf of Mexico, it is known to be a regular but rather uncommon transient through eastern Arizona(Phillips, et al., 1964). -
Immigrant Detention in Louisiana, Mississippi, and Alabama, and the COVID-19 Pandemic
WEBINAR Immigrant Detention in Louisiana, Mississippi, and Alabama, and the COVID-19 Pandemic May 6, 2020 2:30pm – 4pm EDT 1:30pm – 3pm CDT Featured Speakers DONALD KERWIN Executive Director Center for Migration Studies HIROKO KUSUDA Clinic Professor and Director of the Immigration Law Section Loyola University New Orleans College of Law AMELIA S. MCGOWAN Immigration Campaign Director Mississippi Center for Justice Adjunct Professor Mississippi College School of Law Immigration Clinic MARK DOW Author of American Gulag: Inside US Immigration Prisons US Immigrant Detention System ● Genesis of Webinar: A Whole of Community Response to Challenges Facing Immigrants, their Families, and Communities in Louisiana, Mississippi, and Alabama ● The US Immigrant Detention System: Size, Growth, “Civil” Detention Population, Privatization, and Diversity of Institutional Actors ● Immigrant detainees v. persons serving time. ● Louisiana has always been one of the states with the most immigrant detainees. ICE Detention Facility Locator: https://www.ice.gov/detention-facilities COVID-19 and US Immigrant Detention System ● “Confirmed” COVID-19 Cases: (1) March 27 (no “confirmed” cases among detainees), (2) April 20 (124 confirmed cases), (3) May 4 (606 confirmed cases in 37 facilities, and 39 cases among ICE detention staff). Source: https://www.ice.gov/coronavirus ● These figures do not count: (1) former detainees who have been deported, (2) ICE contractors (private, state and local, and others); and (3) non-ICE prisoners/detainees held with ICE detainees. ● ICE detention population: March 21 (38,058), April 25 (29,675). ● Social distancing is “nearly impossible in immigration detention.” As a result, ICE should “implement community-based alternatives to detention to alleviate the mass overcrowding in detention facilities.” Open letter to ICE Acting Director Matthew T. -
New Orleans in 1810
New Orleans in 1810 As the Crescent City begins a new decade, it is worthwhile exploring what this glittering gem on the Mississippi was like 210 years ago. 1810 marked seven years after the Louisiana Purchase but two years before Louisiana achieved statehood. The city of Memphis, Tennessee, was not yet founded until nearly a decade later. In fact, that summer was the first public celebration of the Fourth of July in Louisiana at the St. Philip Theatre (Théâtre St. Philippe). Built in 1807 on St. Phillip Street, between Royal and Bourbon streets, the theatre could accommodate 700 people. With a parquette and two rows of boxes, the Théâtre St. Philippe was the rendezvous of all the fashionable people of New Orleans. The gala performance held that July 4, 1810, was in honor of the Declaration of Independence and the proceeds were devoted to the relief of victims of a giant fire on July 1 that had destroyed twenty-five houses. Haitian rebels battle the French in the Saint-Domingue Revolution (1791 – 1804) The revolution in Saint-Domingue brought about the second republic in the Western Hemisphere. Not all were happy or safe with the new leadership, and many Haitian refugees would make their way to New Orleans. The 1809 migration brought 2,731 whites (affranchis), 3,102 free persons of African descent (gens de couleur libres) and 3,226 slaves to the city. While Governor Claiborne and other American officials wanted to prevent the arrival of free black émigrés, French Creoles wanted to increase the French-speaking population. In a few months between 1809 and 1810, 10,000 Saint-Domingue refugees poured into the Territory of Orleans, after they were no longer welcome in Cuba. -
The Spanish Conquistadores and Colonial Empire
The Spanish Conquistadores and Colonial Empire Treaty of Tordesillas Columbus’s colonization of the Atlantic islands inaugurated an era of aggressive Spanish expansion across the Atlantic. Spanish colonization after Columbus accelerated the rivalry between Spain and Portugal to an unprecedented level. The two powers vied for domination through the acquisition of new lands. In the 1480s, Pope Sixtus IV had granted Portugal the right to all land south of the Cape Verde islands, leading the Portuguese king to claim that the lands discovered by Columbus belonged to Portugal, not Spain. But in 1493, Spanish-born Pope Alexander VI issued two papal decrees giving legitimacy to Spain’s Atlantic claims over the claims of Portugal. Hoping to salvage Portugal’s holdings, King João II negotiated a treaty with Spain. The Treaty of Tordesillas in 1494 drew a north-to-south line through South America. Spain gained territory west of the line, while Portugal retained the lands east of the line, including the east coast of Brazil. Map of the land division determined by the Treaty of Tordesillas. Image credit: Wikimedia Commons Conquistadores and Spanish colonization Columbus’s discovery opened a floodgate of Spanish exploration. Inspired by tales of rivers of gold and timid, malleable native peoples, later Spanish explorers were relentless in their quest for land and gold. Spanish explorers with hopes of conquest in the New World were known as conquistadores. Hernán Cortés arrived on Hispaniola in 1504 and participated in the conquest of the Island. Cortés then led the exploration of the Yucatán Peninsula in hopes of attaining glory. -
1698: a Prelude to Louisiana
1698: A PRELUDE TO LOUISIANA Forests of odd-looking trees. Marshes and prairies of waving grasses. Water everywhere… lakes, bayous, a spectacular river, and soggy swamps. Insects galore. Half-naked Indians with strange customs. Strange foods. Unpredictable, unmerciful weather. LaSalle had passed through this landscape in 1682 and claimed it all for France. None of his countrymen, though, made it back until an expedition under the LeMoyne brothers of Canada arrived in 1699. This is the prelude to what they would find as they paddled and slogged through the land that would eventually become New Orleans. It was largely due to these very elements - good and bad – that the City of New Orleans is what it is today. Understanding the original inhabitants and the basic geography of this area is key to understanding how New Orleans came into existence in the first place, and why it is still such a dynamic and economically important city today. The Native Americans By 1650, Spain, Britain, and France had divvied up North America among themselves. No thought, of course, was given to the people who actually lived here. After all, they had no guns, were often migratory, living off the bounty of the earth in cooperation with the needs and requirements of the land. Besides, there were not a whole lot of them. To the European mind, therefore, the American continents were vast, empty lands upon which to plant their civilization. It appears that the French, as opposed to the other Powers, saw the natives as a bit more than half-naked savages. -
Llttroduction the Section of Louisiana
area between the two northe111 boundaries \llhich the English had established was in dispute between the new United States and Spain, who again owned the rest of llTTRODUCTION Flo~ida - both East and West - as a result of the lat est Treaty of Paris. This dispute continued until 1798, when the United States waS finally put in The section of Louisiana known today as the pos~ession of the area to the thirty-first parallel "Florida Parishes" -- consisting of the eight (the lower boundary line), which waS re-established parishes of East and West Feliciana, East Baton Rouge, as the northern boundar,y of West Florida. st. Helena, Livingston, Tangipahoa, Washington, and When the United States purchased from France in St. Tammany -- was included in the area known as the 1803 the real estate west of the Mississippi River province of I1Louisiana" claimed by France until 1763· kno"m as the "Louisiana Purchase," the United States Under the terms of the Treaty of Paris which in that mad~ feeble claims on the area of West Florida re year ended the Seven Years War, or the French and maining to Spain. Indian Wax, this territory became English along with Meantime, several abortive attempts at all the territory east of the Mississippi River ex reb~llion against Spain were made within the area. cept the Isle of Orleans*. Even the Spanish province On 23 September 1810 a successful armed revolt of "Florida" (approximately the present state of OCC1.trred, and for a short time the "Republic of Florida) became English at that time. -
Louisiana 2013 Uniform Reporting System Mental Health Data Results
Louisiana 2013 Mental Health National Outcome Measures (NOMS): CMHS Uniform Reporting System Utilization Rates/Number of Consumers Served U.S. State U.S. Rate States Penetration Rate per1,000 population 7,242,764 11.12 22.77 58 Community Utilization per 1,000 population 7,024,249 10.83 22.09 58 State Hospital Utilization per 1,000 population 147,853 0.40 0.47 54 Other Psychiatric Inpatient Utilization per 1,000 population 368,266 - 1.34 42 Adult Employment Status U.S. State U.S. Rate States Employed (Percent in Labor Force)* 559,640 25.9% 36.5% 57 Employed (percent with Employment Data)** 559,640 14.0% 17.0% 57 Adult Consumer Survey Measures State U.S. Rate States Positive About Outcome 76.9% 70.6% 53 Child/Family Consumer Survey Measures State U.S. Rate States Positive About Outcome 63.4% 67.6% 51 Readmission Rates:(Civil "non-Forensic" clients) U.S. State U.S. Rate States State Hospital Readmissions: 30 Days 9,248 2.9% 8.6% 48 State Hospital Readmissions: 180 Days 21,397 7.3% 19.8% 49 State Hospital Readmissions: 30 Days: Adults 8,744 3.1% 8.8% 48 State Hospital Readmissions: 180 Days: Adults 20,186 7.5% 20.3% 49 State Hospital Readmissions: 30 Days: Children 499 0.0% 5.7% 21 State Hospital Readmissions: 180 Days: Children 1,197 2.4% 13.8% 25 Living Situation U.S. State U.S. Rate States Private Residence 4,130,253 87.7% 83.3% 57 Homeless/Shelter 162,654 4.0% 3.3% 53 Jail/Correctional Facility 102,191 2.8% 2.1% 53 Adult EBP Services U.S.