Comment by David L. Hoskins
In the summer of 1978 the Supreme Court of Louisiana decided the case of Welch v. Crown Zellerbach Corp., striking down the common law doctrine of collateral estoppel and mandating strict adherence to the doctrine of res judicata embodied in article 2286 of the Louisiana Civil Code.
In the current academic atmosphere, the decision seems likely to be celebrated for its fidelity to the Civil Code and its contribution to what has been called the "civilian renaissance" in Louisiana. Any such celebration, however, should be tempered by an awareness of the fundamental danger inherent in that trend and exemplified by this decision: there is a point beyond which a valid interest in preserving unique tradition lapses into chauvinism and engenders decisions which, like Welch, are little more than kneejerk reflexes in a civilian mode.
About the Author
David L. Hoskins.
Citation
53 Tul. L. Rev. 875 (1979)