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re: Watching a documentary on occupational licensure law corruption. Louisiana a huge focus
Posted on 9/18/21 at 10:55 pm to HailHailtoMichigan!
Posted on 9/18/21 at 10:55 pm to HailHailtoMichigan!
This is Louisiana 101…everybody knows this. It’s a primary reason why the state will never get above the bottom 10-15% in anything besides fishing. Unfortunate truth
0
Posted on 9/18/21 at 11:13 pm to SuperSaint
quote:
But the huge amounts of money the Louisiana doctors threw at stopping the Nurse practitioner’s Bill was all about public safety
Indeed. It was never about public safety, regardless of what they say. nurse practitioners in louisiana must pay a phyisician simply for the right to work like they are some kind of mob boss. Either that, or work in some big box store.
This thread is just reason number 4353631 I can't wait to get out of here.
Posted on 9/18/21 at 11:24 pm to HailHailtoMichigan!
Let’s not forget about the milk mafia making sure Louisianians pay more for milk
Advocate
Advocate
Posted on 9/18/21 at 11:37 pm to jfw3535
quote:
every state requires an attorney to pass its bar exam to practice in the state.
This is completely false. Many, possibly all, states have reciprocity with many other states. Meaning the bar exam is waived. Unless something has changed recently, Louisiana does not have reciprocity with any state. So a Louisiana lawyer can waive into the Texas bar but not vice versa.
Now, I don’t think Louisiana clings to it’s civil law just to restrict out of state attorneys from coming, but it might be a small reason. It’s certainly results in that outcome.
Frankly there is little difference in Louisiana’s “civil law” in practice. Mostly it’s just terminology but the concepts are about the same.
Posted on 9/18/21 at 11:58 pm to biglego
quote:
Frankly there is little difference in Louisiana’s “civil law” in practice. Mostly it’s just terminology but the concepts are about the same.
The differences in personal injury and contract law aren’t that different from other states, mostly because over time, other states adopted codes that were, in part, inspired by the civil code.
However, our property law system is completely different as is our inheritance system. In my humble opinion, both are VASTLY superior and simpler than the typical common law way of administering property.
Also, most of Louisiana’s civil code comes from the Sieta de Partidas, the Spanishaw dating back to when Spain administered the colony following the French and Indian War. And much of that was word for word Roman Law from the Byzantine era Code of Justinian. There are entire code articles in the Louisiana Civil Code today that are word for word identical to the Institutes of Gaius from over 1400 years ago!
There are very good reasons why Louisiana has maintained it’s unique legal code (besides the fact that Governor Claiborne was threatened with an armed revolt when he tried to replace the code with standard American common law).
Another huge difference between Civil Law and common law is the lack of stare decicis. Stare decicis is the legal principle that long standing “precedent” by a judge can be the end all be all on a given issue, never to be revisited. The Civil Law has no such concept. In the Common Law, when trying to figure out the answer to a legal question, one should go first to judicial precedents, then to legislative intent, and finally to the literal wording of the statute in question. In the Civil Law, one starts with the literal wording of the statute before considering legislative intent and finally judicial precedents as a last resort. As a result, Louisiana courts overturn previous decisions at a far higher rate than courts in other states. This prevents issues from becoming quite so static in the face of rapidly evolving times and public opinion.
This post was edited on 9/19/21 at 12:06 am
Posted on 9/19/21 at 12:13 am to kingbob
quote:
However, our property law system is completely different as is our inheritance system.
These are the main ones and a lot of the differences are terminology.
quote:
Another huge difference between Civil Law and common law is the lack of stare decicis.
In practice, Louisiana courts really on precedent same as common law courts.
Posted on 9/19/21 at 12:26 am to biglego
Except they overturn precedents an order of magnitude more often. So, yeah, it’s functionally very different.
This post was edited on 9/19/21 at 12:27 am
Posted on 9/19/21 at 3:54 am to BeepNode
Posted on 9/19/21 at 6:29 am to biglego
Attorneys have done an awful job of trying to maintain high standards and less competition in this state. A plethora of Law Schools with almost zero admission standards pumping out hundreds of lawyers a year. You want to see protection, try to get into medical school. The medical profession is an elite club who’s members average about $500,000 per year because very few are allowed to get into medical school. There’s your racket.
Posted on 9/19/21 at 7:27 am to HailHailtoMichigan!
The licensure requirements to work menial jobs in Louisiana is one of the reasons I shake my head when people say Louisiana is a red state. Very little about how Louisiana actually operates is conservative.
Posted on 9/19/21 at 7:31 am to kingbob
quote:
quote:
Frankly there is little difference in Louisiana’s “civil law” in practice. Mostly it’s just terminology but the concepts are about the same.
The differences in personal injury and contract law aren’t that different from other states, mostly because over time, other states adopted codes that were, in part, inspired by the civil code.
However, our property law system is completely different as is our inheritance system. In my humble opinion, both are VASTLY superior and simpler than the typical common law way of administering property.
Also, most of Louisiana’s civil code comes from the Sieta de Partidas, the Spanishaw dating back to when Spain administered the colony following the French and Indian War. And much of that was word for word Roman Law from the Byzantine era Code of Justinian. There are entire code articles in the Louisiana Civil Code today that are word for word identical to the Institutes of Gaius from over 1400 years ago!
There are very good reasons why Louisiana has maintained it’s unique legal code (besides the fact that Governor Claiborne was threatened with an armed revolt when he tried to replace the code with standard American common law).
Another huge difference between Civil Law and common law is the lack of stare decicis. Stare decicis is the legal principle that long standing “precedent” by a judge can be the end all be all on a given issue, never to be revisited. The Civil Law has no such concept. In the Common Law, when trying to figure out the answer to a legal question, one should go first to judicial precedents, then to legislative intent, and finally to the literal wording of the statute in question. In the Civil Law, one starts with the literal wording of the statute before considering legislative intent and finally judicial precedents as a last resort. As a result, Louisiana courts overturn previous decisions at a far higher rate than courts in other states. This prevents issues from becoming quite so static in the face of rapidly evolving times and public opinion.
So...who did you have for Civil Law Systems?
Posted on 9/19/21 at 8:37 am to USMCguy121
quote:
nurse practitioners in louisiana must pay a phyisician simply for the right to work like they are some kind of mob boss
NP’s are not doctors but they want to practice medicine. They should be supervised by a physician. I dare say they should be supervised more stringently than what is currently allowed.
Posted on 9/19/21 at 8:39 am to PinevilleTiger
quote:
ou want to see protection, try to get into medical school. The medical profession is an elite club who’s members average about $500,000 per year because very few are allowed to get into medical school. There’s your racket
Dental and veterinary is worse
Posted on 9/19/21 at 8:50 am to HailHailtoMichigan!
quote:
Let me make one thing clear: using the power of govt to restrict entry into your profession, in order to protect your salary, is one of the most corrupt things I can imagine doing.
Let me introduce you to the Automotive Franchisee Associations
Posted on 9/19/21 at 8:54 am to HailHailtoMichigan!
quote:
Let me make one thing clear:
Tell us again that you didn’t vote for biden.
Posted on 9/19/21 at 9:24 am to HailHailtoMichigan!
I've been a big advocate about this. What is troubling is how so many boomer conservatives (mostly ex democrats) support these laws when they're supposed to be pro merit and free markets like most Republicans. They are almost impossible to get rid of once they're made into an official law because it's almost never talked about and there's some bipartisan agreement.
quote:This 100%, Louisiana would be fairly purplish if not for the abortion issue. You see a lot of people here who supported Trump and Bush but voted for JBE, EWE, Clinton, Breaux, and other liberal populist from back in the day.
The licensure requirements to work menial jobs in Louisiana is one of the reasons I shake my head when people say Louisiana is a red state. Very little about how Louisiana actually operates is conservative.
This post was edited on 9/19/21 at 9:30 am
Posted on 9/19/21 at 9:35 am to Limitlesstigers
Louisiana is only conservative on social issues. The state has historically led the way on big government socialism. We were the first to offer free healthcare to the indigent, the first to offer free healthcare to children, the first to have free textbooks for school children, the first to offer free higher education to nearly every student, etc. The state only votes red at the federal level due to social issues and because people don’t like the federal government mucking up our state’s socialism programs.
Posted on 9/19/21 at 9:36 am to HailHailtoMichigan!
Name of movie or link?
Posted on 9/19/21 at 10:33 am to udtiger
quote:
Civil Law Systems?
Moreateu for traditions, carrol for property, lonegrass for sales and obligations, and levasseur for successions.
Posted on 9/19/21 at 10:42 am to HailHailtoMichigan!
Louisiana dropped the flower arranging test over 10 years ago and the monks sued and won and can just make caskets now. Even the interior designers no longer require degrees, apprenticeships and licenses for residential work.
Not saying we are not backwards, but somethings do change.
Not saying we are not backwards, but somethings do change.
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