State Institute Recognizes 70-Year Milestone: Origin, History and Accomplishments

By William E. Crawford & Cordell H. Haymon

ol. John H. Tucker, Jr. and Dean Paul M. Hebert of the Loui- siana State University (LSU) Law School, in 1938 and 1951, Crespectively, memorialized the origin of the Louisiana State Law Institute. Col. Tucker said:

This organization originated in a movement, initiated here at the LSU Law School in 1933, to es- tablish an institute dedicated to law revision, law reforms and legal re- search. Due to economic reasons, that project was postponed until April 1938, when the Board of Supervisors authorized its revival, under its present name. The Legis- lature, later in the year, chartered, created and organized it as “an of- ficial, advisory law reform- com mission, law reform agency and legal research agency of the State of Louisiana.”

The purposes of the institute are de- clared by the Legislature to be: “to promote and encourage the clarifica- tion and simplification of the law of Louisiana and its better adaptation to present social needs; to secure the John H. Tucker, Jr. Photo provided by the Louisiana State Law Institute. better administration of justice and to carry on scholarly legal research and scientific legal work.” . . . This Law Institute. In the speech, he further with the Law School, of a research is the first time in the history of this made note of the official pronouncement organization to be known as the State that Legislative recognition by then-LSU President James Monroe Louisiana State Law Institute. This has been given to a long recognized Smith at the dedication of the Law School action of the Board amounts to a need and an adequate organization on April 7, 1938: revival of a similar project which established to meet it. was considered and approved in I am happy to announce that the 1933, but which was delayed for Col. Tucker made these statements at Board of Supervisors has approved lack of proper facilities to carry on the first meeting of the Louisiana State the establishment, in connection the work.

Louisiana Bar Journal Vol. 56, No. 2 85 Then, 13 years later, Dean Hebert wrote the follow- APPENDIX A ing: Past Presidents of the Louisiana State Law Institute The basic idea for the formation of the Louisi- ana State Law Institute originated with members On Jan. 28, 1939, the Council of the Louisiana State Law Institute elect- of the law faculty of Louisiana State University ed its first president, John H. Tucker, Jr.1 With the exception of several who sensed a need for a more organized attack years during World War II when Daniel Debaillon served as president, upon the problems of legislation and codification Tucker served as president of the Law Institute from January 1939 until related to Louisiana law.1 Professor James Bar- 2 December 1964. After he requested that he not be re-elected president, clay Smith, while a member of that law faculty the Council amended the by- of the Law Institute to create the posi- in 1932, advanced a plan, modeled in part on the tion of chair.3 Tucker then served as chair from December 1964 until December 1981. After Tucker requested that he not be re-elected chair, American Law Institute, for the establishment of the Council elected him to the honorary post of Animateur of the Law a legal research foundation to be devoted primar- Institute.4 He served in this position until his death on May 22, 1984. ily to the improvement and preservation of Loui- Mr. Tucker is considered to be the father of the Law Institute.5 It was his siana’s unique legal heritage — the and initiative, vision and drive that made possible the reopening of the Law In- the system of codified law. The idea gained mo- stitute project by the Board of Supervisors of Louisiana State University.6 mentum in discussions with members of the law He was a leading member of the committee that drafted the legislative faculties in Louisiana and enthusiastic interest and bill that became Act 166 of the 1938 Regular Session of the Louisiana 7 assistance from the profession early manifested it- Legislature. As president, his unselfish devotion to the Law Institute, his self. After numerous conferences with individual hard work and his relationships with the law schools in Louisiana and the practicing bar made the Law Institute an effective organization.8 members of the bench and bar, with the working The following individuals have served as president: counsel of such leaders as the late Henry P. Dart, Sr., John H. Tucker, Jr., who later became the John H. Tucker, Jr...... Jan. 28, 1939-May 1, 1942 President of the Institute, Cecil C. Bird, Charles Daniel Debaillon...... May 1, 1942-Nov. 25, 1944 E. Dunbar, Jr., and the late Horace H. White, a John H. Tucker, Jr...... Nov. 25, 1944-Dec. 31, 1964 preliminary plan of organization was developed LeDoux R. Provosty...... Jan. 1, 1965-Dec. 31, 1968 which was to have been carried out by perfecting Leon Sarpy...... Jan. 1, 1969-March 23, 1974 the organization as early as 1933. The economic J.J. Davidson, Jr...... March 23, 1974-Dec. 31, 1976 depression, however, claimed these plans among Oliver P. Stockwell...... Jan. 1, 1977-Dec. 31, 1979 M. Truman Woodward, Jr...... Jan. 1, 1980-Dec. 31, 1981 its casualties, but not before the basic ideals and T. Haller Jackson, Jr...... Jan. 1, 1982-Dec. 31, 1984 purposes of the Institute had been well formu- Edgar H. Lancaster, Jr...... Jan. 1, 1985-Dec. 31, 1985 lated. Jack C. Caldwell...... Jan. 1, 1986-Dec. 31, 1990 Frank Voelker, Jr...... Jan. 1, 1991-Dec. 31, 1994 In fact, invitations setting forth the objective and LeDoux R. Provosty, Jr...... Jan. 1, 1995-Dec. 31, 1995 details of a preliminary plan were actually advanced Robert L. Curry III...... Jan. 1, 1996-Dec. 31, 1998 to the point of preparation of letters to members of Max Nathan, Jr...... Jan. 1, 1999-Dec. 31, 2001 the bar who were to participate in the formation of the Emmett C. Sole...... Jan. 1, 2002-Dec. 31, 2003 Institute. It was decided, however, in May 1933, that Thomas M. Bergstedt...... Jan. 1, 2004-Dec. 31, 2005 Marilyn Maloney...... Jan. 1, 2006-Dec. 31, 2007 it would be advisable to postpone these plans to a later Cordell H. Haymon...... Jan. 1, 2008 to present date. The letter of invitation summarizes the ideas giv- ing rise to the Institute: FOOTNOTES 1. The minutes of the Council meeting of the Louisiana State Law Institute held on The University proposed to establish a research Jan. 28,1939. foundation, to be known as The Louisiana State 2. Paul M. Hebert, “The Louisiana State Law Institute,” as presented in Volume 17 West’s Louisiana Statutes Annotated; Revised Statutes; Sections 24:1 to 31:End, Law Institute, to promote the clarification and (West Publishing Co., St. Paul, Minn., 1951), pages 35-52, at page 41. (This Article simplification of the law of Louisiana and its was not carried forward in subsequent editions of Volume 17.) better adaptation to social needs, to secure the 3. The minutes of the Council meeting of the Louisiana State Law Institute held in better administration of justice, and to carry on December 1964. 4. The minutes of the Council meeting of the Louisiana State Law Institute held in scholarly and scientific legal work. The Board December 1981. of Supervisors has approved and adopted for 5. Leon Sarpy, “Vignettes of the Louisiana State Law Institute,” on page 7 of a The Louisiana State Law Institute the organiza- written copy of the speech that he gave at the 50th Anniversary Address of the tion and purposes expressed herein. Louisiana State Law Institute, held in March 1988. 6. Hebert, at p. 39. 7. Id. These ambitious plans remained dormant until 1938. 8. Id. At the dedication of the new law school building at Louisiana State University on April 7, 1938, it was an-

86 August / September 2008 nounced that the Board of Supervisors had APPENDIX B the federal judiciary, the Louisiana at- approved the revival of the project and the torney general, the executive counsel establishment of the Institute was to be Abstract of the Minutes of the to the Governor, and members from the made a reality. The announcement stated: First Council Meeting Louisiana Senate and House of Repre- sentatives; the president of the Louisiana ...The Board of Supervisors has State Bar Association and the chair of the approved the establishment, in Young Lawyers Section; the deans of the connection with the Law School, four Louisiana law schools; the officers of a research organization to be of the Institute; and Louisiana lawyers known as the Louisiana State Law serving on the Council of the American Institute. This action of the Board Law Institute, on the Board of Governors amounts to a revival of a similar of the American Bar Association and in project which was considered and the House of Delegates of the American approved in 1933, but which was Bar Association. delayed for lack of proper facilities The Institute’s officers are president, to carry on the work. vice presidents, chair emeritus, chair, di- rector, secretary, assistant secretary, trea- The legislative recognition was forth- surer and assistant treasurer. coming with the adoption by the Leg- The elected membership is made up of islature of Act No. 166 of 1938, which three faculty members from each of the chartered and created the Louisiana State four law schools, 19 practicing attorneys in Law Institute as “an official advisory law Louisiana, and senior officers (members of revision commission, law reform agency the Council who have served 12 years in an and legal research agency of the State of elected position). (See Appendix E.) Louisiana.” The legislation was prepared The general membership of the Insti- by a committee composed of John H. tute consists of 150‑175 lawyers licensed Tucker, Jr., of the Shreveport bar, and the to practice in Louisiana and who have author who was, at that time, dean of LSU practiced at least 10 years, elected by the Law School. It was the initiative, vision tion taken by the newly formed Council Council. There are also inactive, ex-offi- and drive of Tucker which made possible of the Institute. Among the reports on cio, junior and honorary members of the the reopening of the project and his sus- projects were: the Compilation of Codes, general membership. tained leadership has constituted the veri- by Joseph Dainow; the Compilation of An Executive Committee, consisting of table lifeblood of the Institute. (See Ap- Statutes, by Harriet S. Daggett; the Mod- the officers of the Institute and the chairs pendix A for a list of the presidents of the el Non-Profit Corporation Act, by John of the standing committees, oversees the Institute.) Tucker’s unselfish devotion of Minor Wisdom; and the Translation of business of the Institute when the Coun- a large part of his time to this work, aug- Plainol, by Pierre Crabites. cil is not in session. mented by his superior attainments as an Standing Committee reports were re- outstanding scholar of the civil law, have ceived on the Civil Law, Walter Suthon; The Law Institute Process provided the essential links between the , Jay Fair Hardin; Proce- law schools and the profession required dural Law, Henry G. McMahon; Statu- Most of the Law Institute revision pro- to make the Institute an effective organi- tory Revision, George Wilson; and Pub- posals have originated in a request from zation. Hon. Gaston L. Porterie, judge of lications, Eugene Nabors. the Legislature, as was the case with the the District Court for the (For a complete list of the Council Code of Procedure and the Civil Code. Western District of Louisiana and then members and Committee members as The idea may come from any source, attorney general of Louisiana, was active of March 16, 1940, see the replication of however, as long as the Council thinks in his support of the project and in secur- the program of the first annual meeting in it a good idea worthy of the Institute’s ing passage of the necessary legislation. Appendix D.) investment and suitable in nature for our The organizational meeting of the Insti- type of work. tute followed on Jan. 28, 1939. The mem- Organization and Structure First, a reporter is secured, generally bers of the Council of the Institute present someone from the faculty or from the are shown in Appendix B, an abstract of The governing body of the Institute is practicing bar who is deemed an expert in the minutes of the first Council meeting. its Council, composed of both ex‑officio the subject. An advisory committee of 10 The first annual meeting of the -Insti members and elected members. Ex‑of- to 15 members of the practicing bar, the tute was held on March 16, 1940. (Those ficio members are from the Louisiana Legislature and the judiciary is formed to present are shown on Appendix C.) The Supreme Court, the Louisiana courts serve with the reporter. A research assis- program reflected the quick move to ac- of appeal, the Louisiana district courts,

Louisiana Bar Journal Vol. 56, No. 2 87 Members of the Louisiana State Law Institute Council at the March 16, 1995, meeting. Front row from left, Emmett C. Sole, Stanford L. Raborn, A.N. Yian- nopoulos, William E. Crawford, Julio Romanach, Jr., Monica T. Suprenant, Robert L. Curry III and Richard Moreno. Standing from left, T. Haller Jackson, Jr., James E. Ayres, Herschel Richard, Jr., D. Ryan Sartor, Jr., Guyton Watkins, Dian A. Arruebarrena, Kent Beard, Cynthia A. Samuel, James A. Babst, Edgar H. Lancaster, Jr., Leon Sarpy, Anna L. Simon, J. Huntington Odom, Howard B. Gist, Jr., Katherine B. Jeter, Thomas Bergstedt, Wedon Smith, Daniel T. Murchison, William D. Hawkland, Ron J. Landry, Dorrell Brister, F.A. Little, Jr., Kenneth Rigby, Marilyn Maloney, Robert M. Fleming and LeDoux R. Provosty, Jr. Photo provided by the Louisiana State Law Institute.

APPENDIX C tant from the Institute staff is assigned Council, it is presented in the form of to work with the reporter to the con- a legislative bill and tendered to the Minutes from March 16, 1940 clusion of the project. (See Appendix appropriate legislative committee. F, Reporters of the Institute.) Any number of legislators may sign The reporter will ordinarily formu- the bill as sponsors and introduce it late his/her own ideas of the substan- into the legislative process. Tradition- tive content of the project. This is ally, the bill has the identifying cap- discussed and clarified with the advi- tion: “On Recommendation of the sory committee and the results of their Louisiana State Law Institute.” combined consideration is submitted When the bill is scheduled for com- to the Council in a “principle and pol- mittee hearing, the reporter appears icy question” session to determine the to explain the bill — why it is nec- general direction of the project. essary; why it is a good proposal The substantive work proceeds in substantively — and to defend the much the same fashion, with the re- specific provisions of the proposal. porter formulating basic draft propos- It is this presentation and defense by als first for the committee's consider- the reporter that constitute the entire ation, then for the Council. effort of the Institute to have its pro- After the Council has debated and posals adopted. There is no lobbying approved the proposal, the Seman- in the traditional sense of address- tics Committee and the Coordinat- ing specific legislators and enlist- ing Committee (if it is a Civil Code ing their specific aid in support of matter) review the work and make the bill. The same process would be necessary corrections. If the Coordi- followed whether it was an entirely nating Committee finds there is seri- new proposed substantive work of ous conflict within the work itself or law or whether it was the correction between the work and other existing or amendment of an existing body of portions of the Civil Code, it may be law, such as the amendment of the necessary to go back to the Council to Mineral Code to accommodate pro- settle the conflict. visions for the mining of lignite. Once the proposal has been com- pletely reviewed and approved by the

88 August / September 2008 APPENDIX D First Annual Meeting Program

The Overall Process of Code and all interested groups the opportunity In due course, the Institute imple- Revision by the Institute to review the work and report to the Leg- mented the legislative mandate by islature in committee hearings their feel- the creation of a Civil Law Section In 1976, when the Institute tendered to ings and reactions to the revision. The and by the appointment of Report- the Legislature for its consideration the Legislature in the session immediately ers and Advisory Committees. proposed revision of the Civil Code title following adopted the entire revision. covering , use and habitation, Viewing the desire of the Legislature Faced with the responsibility of Code it reflected the thinking that, as long as to study intimately the provisions of revision, the Louisiana State Law Insti- completed segments of the revision were the Obligations revision, together with tute considered two possible approaches. severable from the balance of the code, the subsequent successful and virtually One possibility would be an effort at the revision should be presented to the unanimous adoption of the revision, the bringing the text of the Code up to date Legislature for adoption so Louisiana judgment of the Institute in going for- in light of judicial and spe- citizens will see the benefit of the revised ward with each segment of code revision cial legislation bearing on civil law mat- and improved law as early as possible. as it is completed is fully vindicated. ters. Modifications in language and style This general approach has been used Professor A.N.Yiannopoulos, one of the could be worked out but with no major for the subsequent completed segments scholars in the revision effort, has described changes in organization and policies. The of the revision. It was a difficult decision the Institute’s Civil Code revision: alternative was substantial revision of to continue with this approach once the the Civil Code with regard to structure, massive work of revising the provisions In 1908, the Louisiana Legislature determination of policies and drafting relating to Obligations was completed appointed a commission of three of new provisions. Redrafting the Loui- under Professor Saul Litvinoff, of the prominent attorneys and charged siana Civil Code as a whole, however, LSU faculty, as reporter. It was decided them with the task of preparing appeared to be a task of such magnitude that the assimilation and integration of a revision of the Civil Code. A that it might well await a new generation the new law of Obligations would be Code proposed by this commis- of Louisiana lawyers. Attention was thus more difficult if only portions of it were sion, however, was rejected by focused on the possibility of partial revi- enacted and, hence, the entire revision the Legislature at the insistence of sion, namely, revision of the law govern- project was tendered to the Legislature as the Bar Association. In 1948, the ing certain institutions that might qualify a single proposal. The Legislature in its Louisiana State Law Institute, an for independent consideration. Although wisdom, once viewing the massiveness official law reform agency for the a civil code is an integrated piece of leg- of the proposal, held it over for a year to state, was specifically instructed by islation and, in principle, does not lend allow the Legislature, the Bar, the public the Legislature to prepare a project itself to piecemeal adoption or revision, for the revision of the Civil Code. there are examples in history which tend

Louisiana Bar Journal Vol. 56, No. 2 89 to confirm the effectiveness of partial re- of Professor Eugene A. Nabors of Tulane vision. Moreover, concentration on spe- APPENDIX E University Law School, Professor Leon cific areas of interest has often resulted Current Senior Officers (2008) Sarpy of Loyola University Law School, in the drafting of comprehensive legisla- Judge Sam E. LeBlanc and Messers. E.E. tion designed to replace obsolete rules. In Dubuisson and Sidney L. Herold, as advi- NAME DATE FIRST ELECTED light of these considerations, the Louisi- TO THE COUNCIL sors, and a research staff of the Law Insti- ana State Law Institute decided to pro- Glenn B. Ansardi...... 1-1-08 tute worked on this project for four years. ceed with the revision of individual titles Thomas M. Bergstedt...... 2-1-72 The first half of this work was published in and chapters of the Civil Code. Bernard E. Boudreaux, Jr...... 1-94 1940 and the remainder was published in The entire Book II of the Civil Code, Jimmy N. Dimos...... 7-10-82 1942. The Compiled Edition achieved the “Things and the Different Modifications Lawrence E. Donohoe...... 1-1-88 task of making available to the legal profes- of Ownership,” consisting of Titles I David M. Ellison, Jr...... 1-1-88 sion the essential codal provisions required (Things), II (Ownership), III (Personal Frank Foil...... 1-1-74 to trace the legislative history of particular Howard B. Gist, Jr...... 1-1-70 Servitudes), IV (Predial Servitudes), V Thomas A. Harrell...... 9-1-81 articles of the . (Building Restrictions) and VI (Bound- Katherine B. Jeter...... 1-1-78 aries), was revised by a series of legis- Richard F. Knight...... 12-1-58 Louisiana Statutes Related lative acts between 1976 and 1979. Title Ron J. Landry...... 9-1-76 to the Civil Code (1942) VII, Chapter 2 (Of Legitimate Children), Walter I. Lanier...... 4-1-83 Dr. Harriet S. Daggett was selected as of Book I of the Civil Code was revised Thomas B. Lemann...... 1-1-62 reporter by the Council of the Law Insti- in 1976. The Preliminary Title (General F.A. Little, Jr...... 1-1-68 tute, assisted by Judge Renea Viosca and Dispositions) and Title I (Of Succes- Saul Litvinoff...... 10-6-78 Messers. C.C. Bird, Jr., Wilburn V. Lunn sions), Chapters 1, 2, and 3, of Book III Edward F. Martin...... 1-1-91 and Sumter D. Marks, as advisors, to William M. Meyers...... 1-1-78 of the Civil Code were revised in 1981. Daniel T. Murchison...... 1-1-88 make a compilation of all of the statutes Titles III (Obligations in General) and IV L.D. “Buddy” Napper...... 1-1-71 dealing with matters covered by the Lou- (Conventional Obligations or ) George W. Pugh...... 1-1-55 isiana Civil Code but not actually inte- of Book III were revised in 1984. Title VI William W. Pugh...... 1-1-88 grated into the Civil Code. Dr. Daggett’s (Matrimonial Regimes) was revised in Herschel Richard, Jr...... 4-1-91 thorough knowledge of the Civil Code 1979. Title XI (Partnership) was revised Kenneth Rigby...... 1-1-88 and related statutory materials within the in 1980. Title XXIII (Occupancy and D. Ryan Sartor, Jr...... 1-1-70 scope of the compilation resulted in the Possession) was revised in 1982. Title Frank P. Simoneaux...... 1-1-73 collection into one volume of the statutes XXIV (Prescription) was revised partly Monica T. Surprenant...... 1-1-84 that were related to the Civil Code. This Thomas W. Tanner...... 1-1-87 in 1982 and partly in 1983. George J. Tate...... 1-1-91 compilation was extremely useful during Partial revision does not necessarily Charles S. Weems III...... 1-1-86 the creation of Title 9 of the Louisiana commit itself to the preservation of the Jacques L. Wiener, Jr...... 1-1-68 Revised Statutes of 1950. present organization of the Louisiana Civil Code. For example, a revised law of prop- The Louisiana Revised Statutes erty may well fit in any scheme that might Accomplishments of the of 1950 be adopted later. The main advantage of Louisiana State Law Institute The attorneys who practiced prior to this approach is that it enables the Institute 1950 recall the major task involved in to proceed to revision immediately, with- Compiled Edition of the researching the statutes applicable in any out fruitless deliberations on the abstract Louisiana Civil Codes (1940) case. The only previous revision of leg- question of the form of the Civil Code. By Pursuant to the legislative Act No. 165 of islative statutes was in 1870. Therefore, the time a limited project is completed, it 1938, the Editorial Committee, appointed it was necessary for lawyers to search will be for the Institute to decide whether by the Governor under Act No. 286 of the acts of each and every session from recommendation should be made to the 1936, requested that the Louisiana State 1871 to 1949 to determine which rules Legislature for immediate adoption or Law Institute undertake as its first major had been amended or repealed. Since the whether recommendation should be de- project the preparation and publication of adoption of the Revised Statutes of 1950, layed until completion of other interre- a Compiled Edition of the Louisiana Civil the practicing bar and the courts have lated projects. It may be expected that the Codes. This compilation contained the text been able to rely upon an organized set whole work will be the product of evolu- of the Revised Civil Code of 1870, the cor- of statutes. (See Appendix G for those as- tion; it will rest on tested values and will responding provisions of the Civil Code of signed to this task.) retain the accumulated wisdom of the past 1825, and the Civil Code of 1808 in both within the scheme of a modern, scientific, French and English, together with the cor- The Criminal Codes comprehensive and comprehensible orga- responding source articles or provisions of The Law Institute’s first attempt at codi- nization of the subject matter. the Code Napoleon. Professor Joseph Dain- fication began with the Criminal Code. ow of LSU Law School, with the assistance Professor Dale E. Bennett of LSU, Clar-

90 August / September 2008 ence Morrow of Tulane University and • Book I, Title V, Divorce, revised by Acts APPENDIX F Leon Sarpy of Loyola University worked 1990, Nos. 1008 and 1009; Acts 1993, on the project for three years. The Louisi- Nos. 108 and 261; and Acts 1997, No. Reporters of the Committees ana Criminal Code was enacted by Acts 1078. (1938 to December 2007) 1942, No. 43. • Book I, Title VI, Of Master and Servant, Bennett, Dale E. To facilitate the application of the new repealed in part by Acts 1990, No. 705. Code of , Criminal Code substantive law, the Law Institute drafted a • Book I, Title VII, Parent and Child, Bergstedt, Thomas M. new Code of Criminal Procedure. Profes- Chapters 1, 2, and 3, revised by Acts Limitation of State Liability sor Dale E. Bennett of LSU, Leon D. Hu- 2005, No. 192. bert, Jr. of Tulane University and Adrian • Book I, Title IX, Persons Unable to Care Blackman, John C. Business Trust Code Duplantier of Loyola University worked for Their Persons or Property, revised by on the project for the Law Institute. The Acts 2000, 1st Ex.Sess., No. 25. Breaux, Marie Uniform Computer Information Transactions Code of Criminal Procedure was enacted • Book I, Title X, Of Corporations, re- Act (UCITA) by Acts 1966, No. 310. pealed in part by Acts 1987, No. 126. • Book II, Title I, Things, revised by Acts Bugea, James A. Revised Statutes of 1950 The Louisiana Code of 1978, No. 728. In Acts 1948, No. 335, the Louisiana • Book II, Title II, Ownership, revised by Carroll, Andrea B. Legislature instructed the Louisiana Acts 1979, No. 180. Reimbursement Rights State Law Institute to prepare revisions • Book II, Title III, Personal Servitudes, Ciolino, Dane S. to the Code of Practice of Louisiana and revised by Acts 1976, No. 103. Curatorship, Emancipation, Tutorship Procedure the Civil Code of Louisiana. The Law In- • Book II, Title IV, Predial Servitudes, Cromwell, L. David stitute began the project to draft the Loui- revised by Acts 1977, No. 514. Component Parts, Security Devices siana Code of Civil Procedure in 1950. • Book II, Title V, Building Restrictions, Daggett, Harriet S. Professor Henry George McMahon of revised by Acts 1977, No. 170. Compilation of Statutes Related to the Civil LSU, Leon D. Hubert, Jr. and Leon Sarpy • Book II, Title VI, Boundaries, revised Code (1942), Revised Statutes of 1950 were selected to revise the old 1825 Code by Acts 1977, No. 169. Dainow, Joseph of Practice. The project took 10 years • Book II, Title VII, Ownership In Indivi- Compiled Edition of the Civil Codes of the State to complete. In that time, they traveled sion, enacted by Acts 1990, No. 990. of Louisiana (1940), Revised Statutes of 1950 around Louisiana explaining their proj- • Book III, Title I, Of Successions, Chap- deBessonet, Cary ect and seeking support. The Louisiana ters 1, 2, and 3, revised by Acts 1981, Coordinating, Virtual Law Legislature enacted the Louisiana Code No. 919; Chapters 4, 5, 6 and 13, re- Downs, Karen D. of Civil Procedure by Acts 1960, No. 15. vised by Acts 1997, No. 1421. Visitation • Book III, Title II, Donations, Chapter 2, Duplantier, Adrian G. The Louisiana Civil Code revised by Acts 1991, No. 363; Chapter Code of Criminal Procedure In the 1970s, the Law Institute began 3, revised by Acts 1996, 1st Ex.Sess., Force, Robert the revision of the Louisiana Civil Code No. 77; Chapter 6, revised by Acts Code of on a title-by-title basis. In the decades 1997, No. 1421 and Acts 2001, No. Forrester, William R. that have followed, dozens of reporters 573. Code of Civil Procedure and hundreds of people have participated • Book III, Title III, Obligations in Gen- Gray II, James A. in the ongoing revision process. Several eral, revised by Acts 1984, No. 331. Bail Bond Procedure of the reporters, who have given years of • Book III, Title IV, Conventional Obli- Grodner, R. Marshall work in the revision of the Civil Code, gations or Contracts, revised by Acts Adjudicated Properties are living legends, including A.N. Yian- 1984, No. 331. Hardy, III, George W. nopoulos and Saul Litvinoff. • Book III, Title V, Obligations Arising Mineral Code As of early 2006, the following Titles Without Agreement, Chapters 1 and 2, of the Civil Code have been revised in revised by Acts 1995, No. 1041. Harrell, Thomas A. Mortgages, Registry, Suretyship accordance with recommendations from • Book III, Title VI, Matrimonial Re- the Law Institute: gimes, revised by Acts 1979, Nos. 709 Harrison, Milton M. • Preliminary Title, revised by Acts 1987, and 710. Revised Statutes of 1950 No. 124; and Acts 1991, No. 923. • Book III, Title VII, Sale, revised by Hawkland, William D. • Book I, Title I, Natural and Juridical Per- Acts 1993, No. 841. Mortgages, Suretyship, The sons, revised by Acts 1987, No. 125. • Book III, Title IX, Lease, Chapters 1-4, • Book I, Title III, Absent Persons, re- revised by Acts 2004, No. 821. Haymon, Cordell H. vised by Acts 1990, No. 989. • Book III, Title XI, Partnership, revised Lease • Book I, Title IV, Husband and Wife, re- by Acts 1980, No. 150. vised by Acts 1987, No. 886. • Book III, Title XII, Loan, revised by Continued next page

Louisiana Bar Journal Vol. 56, No. 2 91 APPENDIX F, Continued Acts 2004, No. 743. The Translation of French • Book III, Title XIII, Deposit and Seques- Commentators Reporters of the Committees tration, revised by Acts 2003, No. 491. In 1938, the legal community in Loui- (1938 to December 2007) • Book III, Title XV, Representation and siana realized that it needed additional Herman, M. Shael Mandate, revised by Acts 1997, No. doctrinal writings relative to Louisiana’s Semantics, Style and Publications 261. civil law. Because of this need, the Loui- Hubert, Jr., Leon D. • Book III, Title XVI, Suretyship, revised siana Legislature directed the Law Insti- Code of Civil Procedure, Code of Criminal Proce- by Acts 1987, No. 409. tute “to make available translations of dure, Revised Statutes of 1950 • Book III, Title XXII, Mortgages, re- civil law materials and commentaries and Joseph, Cheney C. vised by Acts 1991, No. 652; and Acts to provide by studies and other doctrinal Criminal Code and Code of Criminal Procedure 1992, No. 1132. writings, materials for the better under- Knight, Richard F. • Book III, Title XXII-A, Of Registry, re- standing of the civil law of Louisiana and Banking Act, Rights of Public Access to vised by Acts 2005, No. 169. the philosophy upon which it is based.” Non-Navigable Waters • Book III, Title XXIII, Occupancy and To fulfill this duty, the Law Institute Lanier, Jr., Walter I. Possession, revised by Acts 1982, No. began a program to translate the various [Disposition of] Pornographic Evidence, 187. works of French commentators, including Postponement of Taxes • Book III, Title XXIV, Prescription, Planiol, Aubry and Rau, Baudry, Lacon- Lazarus, Carlos E. Chapters 1, 2 and 3, revised by Acts tinerie and Tissier. These translations from Revised Statutes of 1950 1982, No. 187; Chapter 4, revised by French into English have made available Litvinoff, Saul Acts 1983, No. 173. the texts of many French commentators. Bond for Deed, Conventional Obligations, • Book III, Title XXV, Of the Significa- Translations provided by the Law Institute Exchange, Obligations In General, Sales, Transaction or Compromise, Uniform tion of the Sundry Terms of Law Em- are frequently cited by the courts. Commercial Code 2 and 2A ployed in This Code, revised in part by Acts 1999, No. 503. Martin, Patrick H. The Louisiana Code of Evidence DEQ Procedure, Mineral Code • Book IV, Conflict of Laws, revised by A void in the law of Louisiana for many Acts 1991, No. 923. years was the lack of a Code of Evidence. McAulay, John J. Revised Statutes of 1950 Professor George Pugh of LSU, Profes- The Louisiana Trust Code sor Robert Force of Tulane University McCollam, John M. In the early 1960s, Louisiana bankers, Arbitration and Professor Gerald Rault of Loyola attorneys and businessmen called for University conducted the drafting of the McDonald, Jesse a reform of Louisiana’s first trust laws Louisiana Code of Evidence. The Loui- Products Liability as provided in Acts 1920, No. 107. The siana Legislature enacted this Code by McGough, Lucy drafting of the Louisiana Trust Code was Acts 1988, No. 515. Children’s Code troublesome because the civil law of McMahon, Henry George France had always been against the basic The Private Works Act Code of Civil Procedure, Revised Statutes of 1950 concepts of trusts. In addition, the people In 1922 and 1926, the Louisiana Leg- Mengis, Warren who called for the reforms disagreed on islature enacted legislation that made a Tax Sales what should be the new rules. The Loui- comprehensive revision and consolida- Morris, Glenn siana Legislature enacted the Law In- tion of the law regulating the rights and Single Business Enterprise stitute’s recommendations, prepared by liabilities of persons who for the Morrow, Clarence J. Professor Leonard Oppenheim of Tulane improvement or modification of an- im Criminal Code University Law School as reporter, by movable. The amendments after 1926 Murchison, Kenneth M. Acts 1964, No. 338. were not always consistent with other DEQ Administrative Law Procedure provisions of law or did not satisfactorily Nathan, Jr., Max The Louisiana Mineral Code resolve the problems they addressed. The Donations, Partnership, Successions The Louisiana Mineral Code was the re- Louisiana State Law Institute, under the sult of a study begun by the Louisiana State leadership of reporter Thomas A. Harrell, Oppenheim, Leonard Trust Code Law Institute with the concurrence of the revised the Private Works Act. The Loui- Mineral Law Section of the Louisiana State siana Legislature enacted this revision by Papale, A. E. Bar Association. Professor Eugene Nabors Acts 1981, No. 724. Revised Statutes of 1950 of Tulane University and George W. Hardy Pugh, George W. III worked on the project for several years. The Uniform Commercial Code Code of Evidence After the Code was approved by the Coun- The Law Institute devoted a consider- cil of the Louisiana State Law Institute, the able amount of time into studying how Louisiana Legislature enacted the Code by to mesh the Uniform Commercial Code Continued next page Acts 1974, No. 50. with Louisiana’s civil law. Conflicting

92 August / September 2008 statutes had to be repealed, terminol- its report on the Phillips Petroleum case APPENDIX F, Continued ogy changed, and important policy deci- and cited it as the primary reason for the sions made before the uniform act could enlightened discussions that led to the Reporters of the Committees be integrated into Louisiana law. Under passage of Acts 1992, No. 998. The pur- (1938 to December 2007) the able leadership of James A. Stuckey pose of that Act was to confirm that the Rault, Jr., Gerard A. of the bar, who replaced Phillips case has not affected land titles Code of Evidence Professor William Hawkland after his in Louisiana. Rigby, Kenneth retirement, the Law Institute was able to Coordinating, Semantics, Style and Publications complete the project in a timely fashion. Rights of Public Access to Divorce Law The Louisiana Legislature enacted the Non-Navigable Waters Samuel, Cynthia A. Law Institute recommendation by Acts After the Law Institute’s work relative Charitable Trust Law, Trust Code 2001, No. 128. to the Phillips case, Senator Nunez, in Sarpy, Leon August 1992, requested that the Law In- Code of Civil Procedure, Criminal Code The Children’s Code stitute conduct an additional study on all Simien, Jr., Eulis The initial enactment of the Children’s aspects of the right of the public to lands Son of Sam Code was not a project of the Louisiana covered by non-navigable waters. Sole, Emmett C. State Law Institute. However, in Acts A special committee, under the able Attorney’s Fees 1991, No. 235, the Louisiana Legislature leadership of Richard Knight of the requested that the Law Institute prepare Bogalusa bar, began working on a report Spaht, Katherine S. Husband and Wife, Marriage-Persons, comments for the Children’s Code and to the Louisiana Legislature detailing Parent and Child provided that the Law Institute shall di- what rights members of the public have Stuckey, James A. rect and supervise the continuous revi- to the non-navigable waters of the state. The Uniform Commercial Code sion of the Children’s Code. Under the The committee examined the issues of direction of reporter Lucy McGough, the navigability, public trust and expropria- Symeonides, Symeon Conflicts, Lease Law Institute prepared comments for the tion in determining to what extent the Children’s Code. Since 1991, the Law general public may use the waterways of Wisdom, John M. Revised Statutes of 1950 Institute has presented several bills to the this state. Extensive research into Louisi- Legislature recommending revisions. ana law, federal law and the law of other Wolbrette, Dorothy Dowling states was completed and the Law Insti- Revised Statutes of 1950 Non-Navigable Waterbottoms tute submitted a complete report to the Woodruff-White, Lisa HCR No. 145 of the 1991 Regular Ses- Louisiana Legislature in 1995. Child Support sion of the Louisiana Legislature directed Yiannopoulos, A.N. the Louisiana State Law Institute to study Oil and Gas Well Privilege Statute Absent Persons, Boundaries, Building Re- Louisiana law with respect to the owner- Under the leadership of Professor strictions, Community Property,Deposit and Sequestration, Domicile, Loan, Matrimonial ship of inland, non-navigable waterbodies Thomas A. Harrell, a committee of lead- Regimes, Natural and Juridical Persons, subject to tidal influence in light of the ing oil and gas lawyers worked on revis- Obligations Arising Without Agreement United States Supreme Court decision ing the complex area of oil and gas well (Quasi-Contracts), Occupancy and Posses- in Phillips Petroleum v. Mississippi, 484 liens. The Law Institute’s comprehensive sion, Of Corporations, Of Master and Servant, [Of] Rents and Annuities, Of the Signification U.S. 469, 108 S.Ct. 791, 98 L.Ed.2d 877 revision of the entire body of law was of the Sundry Terms of Law Employed in This (1988). Immediately upon receipt of this designed to bring consistency, certainty Code, Ownership, Ownership In Indivision, legislative mandate, the Law Institute es- and simplicity to this important area of Personal Servitudes, Predial Servitudes, tablished a special committee to perform Louisiana’s law. The project received fa- Preliminary Title, Prescription, Property, Representation and Mandate, Things the necessary research and do the required vorable Council approval and was enact- study. Under Chairs Lawrence Donohoe ed by the Louisiana Legislature by Acts and Patrick Tracy, prominent members 1995, No. 962. study all aspects of bail bond procedure of the Lafayette bar, the committee devel- The committee then continued its work and to formulate any revisions deemed oped a consensus on the basic issues. Sub- on revising Louisiana’s laws relative to appropriate. Professor Cheney Joseph sequently, Donohoe and Tracy prepared the privilege on the operation of oil wells. was named the chair of the committee a detailed written opinion, extensively The committee's work was approved by and Eulis Simien served as reporter. The debated at the Council meetings of Dec. the Council and enacted by the Louisiana committee submitted a comprehensive 13, 1991, and Jan. 17, 1992. The Law In- Legislature by Acts 1997, No. 1040. revision of bail bond procedure, which stitute then prepared an advisory opinion was introduced during the 1995 Regular that was submitted to the Louisiana Legis- Bail Bond Procedure Revision Session as H.B. 1745. lature in February 1992. SR No. 56, passed during the 1992 The committee continues its work un- In August 1992, Senate President Sam- Regular Session of the Louisiana Leg- der the leadership of a new reporter, my Nunez thanked the Law Institute for islature, requested that the Law Institute James Gray.

Louisiana Bar Journal Vol. 56, No. 2 93 APPENDIX G “Son of Sam” Committee SCR No. 157 of the 1993 Regular Ses- Revised Statutes of 1950 (Acts 1950, Ex. Session, No. 2) sion of the Louisiana Legislature request- ANNEX 3 - Revision Organization ed that the Law Institute study the state's laws dealing with crime victims’ repara- 1. LOUISIANA STATE LAW INSTITUTE Joseph Dainow tions, escrow accounts and other related Title 39. Public Finance MEMBERSHIP areas, with particular emphasis on the ef- 2. COUNCIL OF INSTITUTE Title 41. Public Lands and Property 3. GENERAL REVISION COMMITTEE Title 42. Public Officers and Employees fect of the 1991 United States Supreme John H. Tucker, Jr., Chairman Title 43. Public Printing and Advertisements Court decision in the Simon & Schuster Title 44. Public Records and Recorders J. J. Davidson; Dan Debaillon (Deceased); case (502 U.S. 105, 112 S.Ct. 501, 116 F. L. Hargrove ; Alvin O. King; Monte M. Title 46. Public Welfare and Assistance Lemann; H. F. Madison, Jr.; Charles J. Rivet; Title 49. State Administration L.Ed.2d 476) which invalidated New H. C. Sevier; J. Denson Smith; Grove Stafford; Research Assistants: Cyrus A. Greco, Charest York’s “Son of Sam” law. Senator Nunez D. Thibaut, Jr., half-time. Walter Suthon, Jr.; Ben B. Taylor also asked the Law Institute to propose 4. SPECIAL COMMITTEE ON STYLE Advisors: Richard Anderson, Arthur B. Ham- AND SEMANTICS. mond, Eldon Lazarus, W. C. Perrault, Ashton legislation that would pass muster under L. Stewart. Le Doux Provosty, Chairman Simon & Schuster. C. C. Bird, Jr.; Charles J. Rivet; Alex F. Smith After numerous meetings, the commit- 5. SPECIAL COMMITTEE ON MILTON M. HARRISON Title 1. General Provisions tee concluded not only that the state's CONTINUOUS REVISION Title 2. Aeronautics John H. Tucker, Jr., Ex-officio current law was unconstitutional, but Title 3. Agriculture and Animals C. C. Bird, Jr.; Leon Hubert; Monte M. Lemann; also that it could result in the state being Research Assistants: Hale Walker, half-time, LeDoux Provosty; Leon Sarpy; March-July, 1946. liable for substantial damage awards. The Wade O. Martin, Jr., Special Consultant CO-ORDINATOR committee also determined that, without Dale E. Bennett LEON HUBERT guidance from additional jurisprudence, Title 14. Criminal Law ASSISTANT CO-ORDINATORS Title 15. Criminal Procedure the Law Institute would not be able to Milton M. Harrison (Until September 1, 1948) Title 16. District Attorneys draft a proposal that would pass muster Carlos E. Lazarus (From. July 1,1948) Title 38. Public Contracts, Works and Improvements Special Assistants in Final Preparation of under Simon & Schuster. The commit- Title 52. United States General Statute Plant: John L. Avant; Neil Title 53. War Emergency tee, therefore, proposed the repeal of the Dixon; Camille F. Lastrapes; Patricia B. Price; Research Assistant: Miss Carol Byrns state's law, La. R.S. 46:1831-1839. The A. J. Tillery Advisors: E. A. Campbell, John T. Carpenter, Louisiana Legislature enacted that pro- J. H. Henderson, C. C. Wood; Harry V. Booth, 7. REPORTERS Bentley Bymes, M. E. Culligan, and Herve posal by Acts 1997, No. 888. Racivitch for Titles 14, 15, and 16. James A. Bugea Tax Study Committee Title 4. Amusements and Sports CARLOS E. LAZARUS Title 5. Auctions and Auctioneers Title 17. Education Pursuant to SCR No. 88 of the 1999 Title 6. Banks and Banking Title 21. Hotels and Lodging Houses Regular Session, the Law Institute creat- Title 7. Bills and Notes Title 23. Labor and Workmen’s Compensation ed a Legislative Tax Study Committee to Title 18. Elections Title 24. Legislation and Laws Title 56. Wildlife and Fisheries Title 25. Libraries and Museums study the tax laws of Louisiana. In 2000, Research Assistants: Robert I. Broussard, May Title 32. Motor Vehicles and Traffic Regulations the committee presented its report to the 1-Dec. 1,1946; James D. McGovem, Jr., begin- Title 34. Navigation and Shipping Louisiana Legislature. ning Dec. 1, 1946. Title 35. Notaries Public and Commissioners Advisors: Sumter Cousin, E. Wayles Brown Title 47. Revenue and Taxation Included in the report were recommen- (deceased), Stuart S. Kay; Francis Doyle Research Assistants: Neil Dixon, part-time, for dations for a state sales tax reduction offset and Malcolm Monroe for Title 6 only. incorporation of 1948 legislation in Title 17; John by income tax adjustments; elimination of L. Avant, part-time, for Title 32. Harriet S. Daggett Advisors: Thomas W. Leigh, George T. federal deductibility and excess itemized Title 8. Cemeteries Madison, J. B. Nachman, Oliver Stockwell, deductions; adjustment of the state tax Title 9. Civil Code Ancillaries, including W. C. Yancey; Normand Edwards for Title 17; rates and brackets; an alternative business Insolvency, Marital and Domestic Relations, Grove Stafford for Title 24; Lamar F. Miller and Mortgages and Privileges, Partnerships Stephen Rodi for Title 47. tax structure that included a minimal VAT Title 28. Mental Health with appropriate business tax reduction [a Title 29. Military, Naval and Veterans Affairs JOHN J. McAULAY minority report in opposition was includ- Title 30. Minerals, Oil and Gas Title 37. Professions and Occupations ed]; rejection of an Oil & Gas processing Research Assistants: Thomas M. Wade, III, for Title 45. Public Utilities and Carriers Titles 8, 9, 28, 29; John L. Avant, part-time, for Title 51. Trade and Commerce tax; elimination of the gift tax; rejection of Title 30; David Garrett, Jr., part-time, helping on Research Assistants: Clarence M. East, half- "sin taxes" as part of long-term tax reform; Privileges part of Title 9. time, October, 1946 to June, 1948; Joseph taxation of non-resident income of part- Advisors: Theo Cangelosi, Val Irion, W. T. B. Henderson, half-time from October, 1946, McCain, Wm. F. Meadors, LeDoux Provosty; full-time since June 1, 1948. nerships and LLCs; lowering of the home- James R. Fuller, Cecil Morgan, Leiand Richard- Advisors: Robert I. Garrett, John Madison, Victor stead exemption with automatic millage son for Title 30. A. Sachse. adjustments; and limitation of the 10-year industrial tax to five years.

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94 August / September 2008 Institute review issues relative to the FOOTNOTE APPENDIX G, Continued limitation of state liability. Tom Berg- 1. For background in problems of Louisiana Revised Statutes of 1950 (Acts stedt chaired a committee that studied law and codification, see Morrow, “Louisi- ana Blueprint: Civilian Codification and Legal 1950, Ex. Session, No. 2) the subject. During the 2003 Regular Method for State and Nation,” 17 Tulane L.Rev. Session, four bills (HB 424, 428, 983 351, 537 (1943); Morrison, “The Need for a Re- ANNEX 3 and 1094) were filed with the Louisi- vision of the Louisiana Code,” 11 Tulane L.Rev. Revision Organization ana Legislature. HB 424 was enacted by 213 (1937); Ireland, “Louisiana’s Legal System Reappraised,” 11 Tulane L.Rev. 585 (1937); HENRY GEORGE McMAHON Acts 2003, No. 1295 to provide a consti- Comment, “Stare Decisis in Louisiana,” 7 Tu- Title 13. Courts and Judicial Procedure tutional amendment. lane L.Rev. 100 (1932); Symposium, (Daggett, Research Assistants: Ronnie Bounds, Dainow, Hebert, McMahon): A Reappraisal Ap- John S. Simonton, J. Luther Jordan, all Maintenance and Organization of praised: A Brief for the Civil Law of Louisiana, part-time prior to May, 1948; Martha C. 12 Tulane L.Rev. 12 (1937); Morrow, “The Innes, full-time beginning February 9, the Laws of Louisiana Proposed Louisiana Criminal Code–An Oppor- 1948. tunity and a Challenge,” 15 Tulane L.Rev. 415 Advisors: Hollingworth Barret, W. H. Bron- The Law Institute maintains the Re- son, Donald Labbe, Sumter Marks, Leon vised Statutes and other laws of Louisi- (1941); Morrow, “The Louisiana Criminal Code O’Quin, Leon Sarpy, Walter Suthon. ana pursuant to the continuous revision of 1942–Opportunities Lost and Challenges Yet Unanswered,” 17 Tulane L.Rev. 1 (1942); authority of La. R.S. 24:251 et seq. After A. E. PAPALE Morrow, “The 1942 Louisiana Criminal Code Title 22. Insurance each legislative session, the staff, under in 1945: A Small Voice From the Past,” 19 Tu- Title 26. Liquors-Alcoholic Beverages the direction of the Revisor of Statutes, lane L.Rev. 483 (1945); Rivet, “Thoughts on the Title 40. Public Health and Safety reviews each Act and adopted Resolu- Legislative Process in Louisiana,” 6 La.L.Rev. Title 48. Roads, Bridges and Ferries 63 (1944). For an extensive bibliography of Title 50. Surveys and Surveyors tion, sorts them by Title and Code, cor- materials on history and early development of Title 54. Warehouses rects errors, identifies conflicting provi- Louisiana law, see Dainow, Civil Code of Loui- Title 55. Weights and Measures sions, and designates and redesignates siana (1947) at pp. XXXI-XXXVI; see, also, Research Assistants: Frank L. Micholet, sections of the Revised Statutes and Groner, “Louisiana Law, Its Development in half-time to Dec. 31, 1946; Thomas J. the First Quarter Century of American Rule,” 8 Meunier, full-time beginning December articles of the Codes as necessary for an La.L.Rev. 350 (1948); Oppenheim, “Louisiana’s 17, 1946. orderly disposition of the laws, all done Civil Law Heritage,” 42 L.Lib.J. 249 (1949). Advisors: Solomon S. Goldman, Charles Phillips, Frank Purvis, Stephen Rodi. in preparation for the printing of the Revised Statutes and Codes. Between Professor William JOHN M. WISDOM legislative sessions, the Law Institute E. Crawford has Title 12. Corporations and Associations Research Assistant: Paul 0. H. Pigman, works closely with the Capitol staff and been a member of half-time. with the publishers to keep the printed the faculty of Loui- Advisors: C.I. Chappuis, Louis B. Claverie, statutes as up-to-date as possible and to siana State Univer- Charles E. Dunbar, Jr., A. K. Goff, Jr., H. L. Hammett, C. Ellis Henican, R. Emmett ensure the accuracy of interim publica- sity Paul M. Hebert Kerrigan, W. L. Martin, R. E. Milling, Alex tions of the laws of Louisiana. Law Center since Smith. 1965 and director of the Louisiana DOROTHY DOWLING WOLBRETTE Conclusion Title 33. Municipalities and Parishes State Law Institute Research Assistants: Ralph M. Jackson, It must be noted that the members of since 1978. (Louisiana State Law Insti- Lester Sarpy, assisting at different times tute, LSU Paul M. Hebert Law Center, with parts of the title. the Council and the various committees Advisors: Wood Brown, Frank Peterman, receive no compensation for the impor- Room W127, University Station, Baton A. M. Pybum. tant services they render. In a typical Rouge, LA 70803-1016) year, more than 5,000 lawyer-hours of service through Council and committee Cordell H. Haymon, LUETA (Louisiana Uniform meetings alone are donated to the state. an attorney in Baton Electronic Transactions Act) The members of the Council and the Rouge, is a 1968 Acts 2001, No. 244, adopting LUETA graduate of Louisi- in Louisiana, instructed the Law Institute committees are reimbursed on a limited basis for expenses relative to hotel ac- ana State University to prepare comments to the Louisiana Paul M. Hebert Law version. Professor Henry Gabriel com- commodations, meals and travel. The reporters of the committees receive a Center. He has been pleted the comments in October 2001 a member of the and presented them to the Council during modes honorarium for their prodigious work. In light of the accomplishments Louisiana State Law the February 2002 meeting of the Coun- Institute for more cil of the Law Institute. of the Louisiana State Law Institute, it is clear that the expenditure of these funds than 35 years and is currently serving as is well justified. president. (725 Main St., Baton Rouge, Limitation of State Liability LA 70802) HCR No. 41 of the 2002 First Extraor- dinary Session requested that the Law

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