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Edinburgh Studies in Law

Mixed Jurisdictions ComparedPrivate Law in Louisiana and Scotland

Edited by Vernon Palmer and Elspeth Reid

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Published 31 October 2026

About this book

A comparative study of the 'mixed jurisdictions' of Scotland and Louisiana

Returning to a theme featured in some of the earlier volumes in the Edinburgh Studies in Law series, this volume offers an in-depth study of ‘mixed jurisdictions’ – legal systems which combine elements of the Anglo-American Common Law and the European Civil Law traditions. This new collection of essays compares key areas of private law in Scotland and Louisiana. In 13 chapters, written by distinguished scholars on both sides of the Atlantic, it explores not only legal rules but also the reasons for the rules, discussing legal history, social and cultural factors, and the law in practice, in order to account for patterns of similarity and difference. Contributions are drawn from the Law Schools of Tulane University, Louisiana State University, Loyola University New Orleans, the American University Washington DC, and the Universities of Aberdeen, Strathclyde and Edinburgh.

Table of contents
Preface; List of Contributors; List of Abbreviations; Table of Cases; 1. Praedial Servitudes, Kenneth G C Reid; 2. Title Conditions in Restraint of Trade, John A Lovett; 3. Servitudes: Extinction by Non-Use, Roderick R M Paisley; 4. Inheritance and the Surviving Spouse, Ronald J Scalise Jr; 5. Ownership of Trust Property in Scotland and Louisiana, James Chalmers; 6. The Legal Regulation of Adult Domestic Relationships, Kenneth McK Norrie; 7. Impediments to Marriage in Scotland and Louisiana: An Historical - Comparative Investigation, J-R Trahan; 8. Contracts of Intellectual Gratification - A Louisiana-Scotland Creation, Vernon Valentine Palmer; 9. The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law, Laura Macgregor; 10. Hunting Promissory Estoppel, David V Snyder; 11. Unjustified Enrichment, Subsidiarity and Contract, Hector L MacQueen; 12. Causation as an Element of Delict/Tort in Scots and Louisiana Law, Martin A Hogg; 13. Personality Rights: A Study in Difference, Elspeth Christie Reid.
About the contributors

Vernon Palmer

Vernon Valentine Palmer is Thomas Pickles Professor of Law, and Co-Director of the Eason-Weinmann Center of Comparative Law at Tulane University Law School.

Elspeth Reid

Elspeth Reid is Professor of Scottish Private Law at the University of Edinburgh. She has published extensively in Scotland and abroad on comparative private law themes, including in particular the law of delict/tort. She is the Series Editor of the Edinburgh Studies in Law monograph series.

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