Tulane Law School - Tulane University in Louisiana Law Schools

Tulane University Law School — Detailed Overview 

Tulane Law School, located in New Orleans, Louisiana, is one of the oldest law schools in the United States (founded 1847). Its unique identity stems from Louisiana’s mixed legal heritage (civil law and common law), along with Tulane’s global reputation in admiralty/maritime law, environmental law, sports law, and comparative law.

Institutional Features

Civil & Common Law Training: Louisiana is the only U.S. state with a civil law system (influenced by French and Spanish codes). Tulane is uniquely positioned to teach both traditions, preparing students for practice in Louisiana and globally.

Specializations: Admiralty/Maritime Law, Environmental & Energy Law, Sports Law, Comparative & International Law, and Civil Law.

Programs: J.D., LL.M. (with maritime focus), S.J.D., and joint degrees with business, environment, or international studies.

Clinics: Civil Rights & Federal Practice Clinic, Environmental Law Clinic, Criminal Law Clinic, and Juvenile Law Clinic.

Practical training: Mock trials, externships, and maritime moot courts are core.

Core Case Law Taught at Tulane

Since Tulane is deeply tied to Louisiana’s civil law system and maritime law, students study both U.S. Supreme Court landmark cases and Louisiana-specific or maritime-related precedents.

1. Southern Pacific Co. v. Jensen (244 U.S. 205, 1917)

Facts: A longshoreman was killed unloading cargo in New York. His family sought recovery under a state workers’ compensation statute.

Issue: Can state law govern injuries occurring over navigable waters?

Holding: No. Maritime matters fall under federal admiralty jurisdiction, not state law.

Importance at Tulane: Forms the cornerstone of admiralty law studies. Students learn federal supremacy in maritime matters and how it restricts state law in port cities like New Orleans.

2. United States v. Reliable Transfer Co. (421 U.S. 397, 1975)

Facts: A tanker grounded due to a Coast Guard failure and negligent navigation. The old rule divided damages equally regardless of comparative fault.

Issue: Should maritime damages be divided equally or proportionally?

Holding: Damages are apportioned according to relative fault.

Importance at Tulane: Essential for maritime liability, especially relevant to Gulf of Mexico shipping and Louisiana’s port economy.

3. International Shoe Co. v. Washington (326 U.S. 310, 1945)

Facts: Washington sued an out-of-state company with no physical office there.

Issue: When does a state court have personal jurisdiction over nonresidents?

Holding: A defendant must have “minimum contacts” with the forum state.

Importance at Tulane: Taught in Civil Procedure, it illustrates due process in jurisdiction disputes—critical in Louisiana where many out-of-state companies litigate in New Orleans.

4. Erie Railroad Co. v. Tompkins (304 U.S. 64, 1938)

Facts: A pedestrian injured by a passing train sued in federal court under diversity jurisdiction.

Issue: Should federal courts apply federal common law or state substantive law?

Holding: State substantive law must govern; no “federal general common law.”

Importance at Tulane: Key in the context of Louisiana’s civil law system—students analyze how Erie interacts with Louisiana’s codified laws in federal courts.

5. Brown v. Board of Education (347 U.S. 483, 1954)

Facts: African American students challenged segregated schools.

Issue: Does racial segregation in public schools violate the Equal Protection Clause?

Holding: Yes. Separate educational facilities are inherently unequal.

Importance at Tulane: Louisiana has a deep civil rights history. Tulane clinics often connect Brown to local struggles against segregation in schools and public accommodations.

6. Miranda v. Arizona (384 U.S. 436, 1966)

Facts: Miranda confessed without being told his right to remain silent or to an attorney.

Issue: Are custodial confessions valid without warnings?

Holding: No—Miranda warnings are required.

Importance at Tulane: Studied in Criminal Procedure, especially through Tulane’s Criminal Law Clinic representing indigent defendants in New Orleans.

7. Louisiana-Specific Example: State v. Rodriguez (Louisiana Supreme Court)

Facts: Defendant challenged the use of civil law codal provisions in criminal interpretation.

Holding: Louisiana courts reaffirm that civil law heritage guides private law (contracts, property, obligations), while criminal and constitutional law follow U.S. common law tradition.

Importance at Tulane: Illustrates Louisiana’s hybrid legal system, which Tulane uniquely teaches.

8. Chevron U.S.A. Inc. v. Natural Resources Defense Council (467 U.S. 837, 1984)

Facts: Dispute over EPA’s interpretation of “stationary source” under the Clean Air Act.

Issue: How much deference should courts give to agency interpretations?

Holding: Courts must defer to reasonable agency interpretations when Congress has left ambiguity.

Importance at Tulane: Key for environmental law courses, especially relevant in Louisiana’s energy-intensive industries and pollution litigation along the Mississippi River corridor.

Why Tulane is Unique in Louisiana’s Law School Landscape

Only law school blending civil and common law training (critical for Louisiana practice).

Global reputation in maritime law — shipping, oil & gas, and port-related litigation.

Deep involvement in civil rights and environmental justice in Louisiana communities.

Comparative perspective: Students gain insight into both U.S. common law and European civil law traditions, rare in American law schools.

In summary: Tulane Law School is a national leader in admiralty, environmental, and comparative law, grounded in Louisiana’s civil law heritage. Through study of landmark cases like Southern Pacific v. Jensen, Reliable Transfer, Erie, Brown, and Louisiana-specific rulings, students learn both the doctrinal foundations of U.S. law and the unique Louisiana hybrid system.

LEAVE A COMMENT

0 comments