Tale of the Monkey Trials: Chapter Three

I. Brief History Of The Freiler Case A. Troubles With The Freiler Decision B. Historical Origins Of The Establishment Clause II. The Establishment Clause Tests III. Tale Of The "Monkey Trials" IV. Substance Of The Fifth Circuit's Decision V. Justice Scalia's Dissent VI. The Fifth Circuit Misapplied The Lemon Test VII. Choosing The Right Test: Lemon, Endorsement And Coercion VIII. Forming A New Test-Reevaluating Freiler IX. Conclusion

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Bijuralism A Supreme Court of Canada Justice s Perspective

I. Introduction II. Legal Education III. Bilingualism III. History IV. Federal Harmonization V. Precedent In Québec VI. Conclusion: Bijuralism And Transnational Commercial Law

On the Borderlands of Chevron s Empire: An Essay on Title VII, Agency Procedures and Priorities, and the Power of Judicial ReviewAgency Procedures and Priorities, and the Power of Judicial Review

I. Introduction II. Agency Interpretations Of Law Before And After Chevron III. The Problem Of The "Early" Right-To-Sue Letter A. Section 706 Of Title VII B. The Commission's Early Practice And Regulation 1601.28(A)(2) C. The Question Of Consistency IV. The Several Phases Of Case Law A. Early Cases And Commentary Under The 1964 Act: Exploring The Power Of Technical Defenses B. Pre-Regulation Cases Under The 1972 Amendments: Exploring The Commission's "Duty To Investigate" And The Purposes...

Report and Recommendation of the Louisiana State Law Institute to the House Civil Law and Procedure Committee of the Louisiana Legislature Relative to the Reinstatement of Fault as a Prerequisite to a Divorce

I. The Task II. Purpose Of Proposal III. Statistical Data-Is Marriage In Louisiana In Trouble? A. The Divorce Rate IV. Perspective A. History Of Divorce And Separation 1. Egypt 2. Rome 3. Hebrews 4. Greece 5. Athens 6. Germany 7. England 8. United States V. National Historical Development Of No-Fault Divorce VI. Historical Review Of Fault As A Cause For Divorce In Louisiana VII. Louisiana No-Fault Divorce Legislation VIII. Commentaries A. Surveys B. Other Possible Solutions IX. Conclusion App...

The History of the Woman s Suffrage Movement in Louisiana

I. The Origin Of The Woman's Movement In Louisiana A. The Beginning of the Woman's Suffrage Movement in Louisiana B. Women's Rights and Obligations under Louisiana Law in 1879 1. The Rights and Obligations of Husband and Wife 2. The Dowry 3. The Paraphernal Property 4. The Community of Acquets and Gains 5. Relief from Legal Disabilities C. The Formative Years of the Woman's Suffrage Movement 1. The Cause of Suffrage Resumed 2. The Constitutional Convention of 1898 II. Woman's Suffrage In Loui...

The "Rambo" Problem: Is Mandatory CLE the Way Back to Atticus?

I. Introduction II. "Professionalism"-Is It Just Ethics Under A New Rubric? III. The Perceived Need For The Organized Bar To Be Directly Involved In The Efforts In Enhancing Standards Of Civility And Courtesy At The Bar IV. Rambo V. Judge Rambo VI. Arguments Against Involvement By The Organized Bar In Efforts To Enhance Standards Of Civility"The Civility Police"? Zealous Advocacy? VII. Have We Become A Business, Not A Profession? Technology Rules? VIII. So We Have A Problem-What Are We Doing ...

Comments

Unwed Birthfathers and Infant Adoption: Balancing a Father s Rights with the States Need for a Timely Surrender Process

I. The Adoption Process A. Generally B. United States Supreme Court Decisions C. Louisiana Supreme Court Decisions II. Analysis Of Potential Legislative Proposals A. Putative Father Registry B. Rape C. Statutory Rape III. Recommendation And Conclusion

Notes

Digital Dilemma: Could the Digital Millennium Copyright Act Have Inadvertently Exempted Napster And Its Progeny From Liability?

I. Napster, INC. II. Traditional Theories Of Copyright Infringement A. Brief History Of Copyright Law In America B. Direct Infringement C. Contributory Infringement D. Vicarious Liability III. The DMCA A. Who Are Service Providers Under The Dmca? B. Additional Requirements C. The Relevant "Safe Harbor" Provision 1. Information Location Tools IV. Napster's Liability Under Traditional Theories A. Direct Infringement B. Contributory Infringement C. Vicarious Liability V. Does Napster Qualify Fo...