Articles

Bones of Contention: A Comparative Examination of Law Governing Human Remains from Archaeological Contexts in Formerly Colonial Countries

I. Introduction II. Human Remains A. Scientific Uses of Human Skeletal Material B. Arguments Against Research on and Collection of Indigenous Skeletal Remains III. Colonialism A. Early Anthropological Problems B. Recent Problems IV. International Legislation A. United States B. South Africa C. New Zealand D. Australia E. Canada A. UNESCO Conventions B. UNIDROIT Convention C. UN Draft Declaration D. Vermillion Accord on Human Remains VI. Discussion A. Can There be International Consensus on th...

Error-Centricity, Habeas Corpus, and The Rule of Law as The Law of Rulings

I. Introduction II. Error And The Criminal Law III. Error And Justice A. The Constitutional Error Approach B. The Gateway of Innocence Standard IV. Does Error Matter? The Antiterrorism And Effective Death Penalty Act V. Error And Truth: The Victory Of Legitimacy Over Truth VI. Conclusion: Error, Law, And The Possibility Of Justice

Marry Me, Bill: Should Cohabitation Be the (Legal) Default Option?

Introduction I. The Fuzzy Meaning Of Cohabitation II. Is Cohabitation The Functional Equivalent Of Marriage? Evidence From The Social Sciences A. Cohabitation as Courtship and Search B. Search and Fraud in the Marriage Market C. Cohabitation as a Search III. The Uses Of Cohabitation: A Theoretical Analysis IV. Marriage Without Cohabitation V. Mechanisms Of Marriage A. Courtship and Expectations

Of Constitutional Amendments, Human Rights, and Same-Sex Marriages

I. Of Constitutional Amendments II. Of Human Rights And Same-Sex Marriages III. Animus Or Reasonable Regulation? IV. Conclusion

Rights and Remedies

The Gay Man and His Civil Code

I. Introduction II. The Gay Man Is Ordered III. A Civil Code Is Eschatological IV. A Civil Code Is A New Covenant V. The Grave Content Of The Covenant VI. Conclusion

Comments

A Matter of Life And Death: Posthumous Conception

Introduction I. Problems Of Paternity And Inheritance A. The Posthumously Conceived Child is Not a "Child" B. Legal Status to Inherit 1. Testate Inheritance 2. Intestate Inheritance 3. Social Security Benefits II. Louisiana's Legislation: Louisiana Revised Statutes 9:391.1 III. Competing Policies In Posthumous Conception A. State Interests 1. Timely Disposition of Estates 2. Welfare of the Child 3. Public Dependency B. Decedent's Interests C. Child's Interests D. The Balance of Competing Inte...

We Didn t Start the Fire: The Origins Science Battle Rages on More Than 75 Years After Scopes

I. Introduction II. A Hot Topic-Origins Science Instruction A. Debating the Origins of Life B. Defining "Science" III. It Only Takes A Spark-Constitutional Issues In The Academic Setting A. The Establishment Clause B. Academic Freedom C. The Interplay-Preventing Establishment and Promoting Academic Freedom IV. Water Or Gasoline-Can Louisiana "Teach The Controversy?" A. Support at the Federal Level B. The Louisiana Science Curriculum Examined C. Support from Other Louisiana Law Conclusion ...

Notes

Jurisprudence Désorientée: The Louisiana Supreme Court s Theory of Jurisprudential Valuation, Doerr v. Mobil Oil and Louisiana Electorate of Gays and Lesbians v. State

I. Introduction II. The Value Of Precedent Is Unclear In Louisiana Supreme Court Caselaw A. Doerr v. Mobil Oil B. Louisiana Electorate of Gays and Lesbians v. State C. The Two Theories of Precedent 1. Jurisprudence Constante 2. Stare Decisis III. Analysis A. Drawing Distinctions Between Jurisprudence Constante and Stare Decisis B. Mixed Jurisdictions and the Private Law/Public Law Distinction C. The Reality of Practicing Law and Deciding Cases in Louisiana IV. Conclusion

No Longer the Ugly Duckling: The European Court of Human Rights Recognizes Transsexual Civil Rights in Goodwin v. United Kingdom and Sets the Tone for Future United States Reform

Introduction: The Duckling Often Hides Behind His Wing A. Vocabulary B. History and Causes of Transgenderism/Transsexualism I. The Duckling Is No Longer Ugly: Goodwin V. United Kingdom21 Part II. The Path To Beauty: Interpretation Of Articles 8 And 12 And Previous Transsexual Civil Rights Jurisprudence III. From Duckling To Swan: Reinterpreting Articles 8 And 12 In Goodwin V. United Kingdom A. Article 8 Analysis B. Article 12 Analysis IV. Living As A Swan: Implications Of G...

The Louisiana Legislature s Response to SWAT 24 Shreveport Bossier, Inc. v. Bond: The Noncompete Pendulum Swings Toward Debt Peonage. Will the Judiciary s Answer Achieve the Fragile Employer-Employee Balance?

Introduction I. Background: Louisiana's Employment Power Struggles A. Historical Summary of Louisiana Statutory Law on Noncompetition Agreements 1. The 1962 Amendment and Its Judicial Gloss 2. The 1989 Amendment: Predictability Becomes Paramount B. SWAT 24's Appellate Predecessors 1. The Second Circuit's Approach 2. The Third and Fourth Circuits' Approach C. SWAT 24 Shreveport Bossier, Inc. v. Bond 1. The Majority Opinion 2. Justice Traylor's Dissent II. The Amendment: Honorable Intentions Wi...