Religion Clauses question
noman at mail.netoriginals.com
Fri Jun 4 09:36:28 PDT 2004
Actually it gets even more fun. Louisiana was a French territory when purchased, but for much of its history it was Spainish, so you would need to be able to look at Spainish law as well. Furthermore, the Treaty of Guadalupe Hidalgo contained a similar provision with regard to the territory ceded from Mexico under the treaty (CA, AZ, NM, NV, CO, UT). So Spainish and Mexican law would become relevent for those states. French law might then also be important as a source of persuasive authority, it being another civil law jurisdiction and all.
Hence, it turns out that MOST of the geographical area of the United States has a submerged civil law substratum of one kind or another.
---------- Original Message ----------------------------------
From: ArtSpitzer at aol.com
Reply-To: Law & Religion issues for Law Academics <religionlaw at lists.ucla.edu>
Date: Fri, 4 Jun 2004 12:26:49 EDT
>In a message dated 6/4/04 7:57:29 AM, JMHACLJ at aol.com writes:
>> (except, perhaps, in Louisiana) (since the treaty making final the purchase
>> of the territory guarantees to the residents of the territory all the rights
>> they enjoyed prior to the conveyance).
>You would have to say "except, perhaps, in Louisiana and all or part of
>Missouri, Iowa, North Dakota, Texas, South Dakota, New Mexico, Nebraska, Kansas,
>Wyoming, Minnesota, Oklahoma, Colorado and Montana."
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