Recently added articles from Texas Law Review:
The Separation and Overlap of War and Military Powers
Dec 01, 2008; ... Absent from war-powers scholarship is an account of when war and military powers separate and when they overlap. Making arguments sounding in text, structure, and history, this Article supplies such a theory. Numerous English statutes and practices help identify the meaning of the Constitution's ...
What Consequences Do Ideas Have?
Dec 01, 2008; ... What Consequences Do Ideas Have? THE RISE OF THE CONSERVATIVE LEGAL MOVEMENT: THE BATTLE FOR CONTROL OF THE LAW. By Steven M. Teles. Princeton, N.J.: Princeton University Press, 2008. 339 pages. $35.00. I. Introduction How do you challenge a dominant ideology? If you have a very long ...
Intellectual Privacy
Dec 01, 2008; ... This Article is about intellectual privacy-the protection of records of our intellectual activities-and how legal protection of these records is essential to the First Amendment values of free thought and expression. We often think of privacy rules as being in tension with the First Amendment, ...
The Military, Freedom of Speech, and the Internet: Preserving Operational Security and Servicemembers' Right of Free Speech*
Dec 01, 2008; ... I. Introduction Traditionally, courts have viewed the military as a "specialized society" that entitles servicemembers to fewer free speech rights than civilians.1 Consequently, they have historically deferred to the military, permitting it to restrict the speech of servicemembers as it ...
When Is a Dog Really a Duck?: The True-Sale Problem in Securities Law*
Dec 01, 2008; ... Say you have a dog, but you need to create a duck on the financial statements. Fortunately, there are specific accounting rules for what constitutes a duck: yellow feet, white covering, orange beak. So you take the dog and paint its feet yellow and its fur white and you paste an orange plastic ...
In Memoriam: Tribute to Professor Roy Mersky
Nov 01, 2008; ... In a list of the people who have been instrumental in bringing The University of Texas School of Law and its library to the preeminence they enjoy today, Professor Roy Mersky would be very close to the top. My personal experience with Roy's energy, enthusiasm, and ability to transform an ...
Misbehavior and Mistake in Bankruptcy Mortgage Claims
Nov 01, 2008; ... The greatest fear of many families in serious financial trouble is that they will lose their homes. Bankruptcy offers a last chance for families to save their homes by halting a foreclosure and by repaying any default on their mortgage loans over a period of years. Mortgage companies participate ...
Individual Rights Under State Constitutions when the Fourteenth Amendment Was Ratified in 1868: What Rights Are Deeply Rooted in American History and Tradition?
Nov 01, 2008; ... I. Introduction Much of the academic writing about constitutional law and theory, both in the originalist and non-originalist camps, presumes that the Constitution protects at least some fundamental rights. Most originalists reject substantive due process and argue alongside Justice Hugo ...
What Do Judges Want?
Nov 01, 2008; ... What Do Judges Want? HOW JUDGES THINK. By Richard A. Posner. Cambridge, Mass.: Harvard University Press, 2008. 386 pages. $29.95. Just as the wants of women perplexed Freud, the interests of judges have confounded economists.1 While typical attributes of employment relationships can be ...
Globalization's Erosion of the Attorney-Client Privilege and What U.S. Courts Can Do to Prevent It*
Nov 01, 2008; ... I. Introduction The attorney-client privilege protects the communications of an attorney giving legal advice to a client by preventing courts or adversaries from compelling their disclosure.1 The oldest privilege for confidential communications,2 it has been described as "one of the most ...
"A Meaningless Ritual": How the Lack of a Postconviction Competency Standard Deprives the Mentally Ill of Effective Habeas Review in Texas*
Nov 01, 2008; ... "It is deplorable and outrageous that . . . prisons appear to have become a repository for a great number of . . . mentally ill citizens. Persons who, with psychiatric care, could fit well into society, are instead locked away, to become wards of the state's penal system. Then, in a tragically ...
Foreword: Making Sense of Information for Environmental Protection
Jun 01, 2008; ... We live in the Information Age. We can peer into our neighbors' backyards through satellite imaging, catch the latest Australian cricket scores on our smart phones, track our loved ones' airline flights online, and correspond with people virtually anywhere on earth via e-mail. In the era of ...
Capture, Accountability, and Regulatory Metrics
Jun 01, 2008; ... Aggressive regulation to eliminate threats to health and safety began shortly after the dawn of the twentieth century in the United States, but did not hit its stride for another fifty years. Spurred by the political and cultural changes that the Civil Rights Movement and Vietnam War provoked,1 ...
Information Access-Surveying the Current Legal Landscape of Federal Right-to-Know Laws
Jun 01, 2008; ... "The obligation to endure gives us the right to know."1 I. Introduction This Symposium was convened to assess how, in this new age of environmental law, scholars, advocates, policy makers, journalists, and other interested members of the public can gain access to and harness ...
Harnessing the Power of Information to Protect Our Public Natural Resource Legacy
Jun 01, 2008; ... I. Introduction Over the past century, Congress has enacted numerous laws that recognize the value of the vast store of natural resources under federal control.1 These laws govern the management and use of water and lands, as well as the ecosystems, biodiversity, and minerals found in ...
Using Tort Litigation to Enhance Regulatory Policy Making: Evaluating Climate-Change Litigation in Light of Lessons from Gun-Industry and Clergy-Sexual-Abuse Lawsuits
Jun 01, 2008; ... I. Introduction In recent years, tort litigation has been used to address a variety of social problems. Examples include lawsuits aimed at reducing smokingrelated illness, gun violence, and obesity.1 Reactions to this use of tort litigation to influence regulatory policy-what scholars ...
Scientific and Political Integrity in Environmental Policy
Jun 01, 2008; ... I. Introduction Environmental-policy conflicts characteristically have scientific dimensions. It matters to decisions about addressing global warming how much temperatures will change, how fast, and what consequences warming will have for the natural world. It matters to decisions about ...
Modeling Climate Change and Its Impacts: Law, Policy, and Science
Jun 01, 2008; ... I. Introduction Use of models has become increasingly central to the regulatory process. Modeling is sometimes even explicitly mandated by Congress.1 The potential benefits are manifold. "Computer modeling," according to a leading environmental-law scholar, "narrows the range of ...
Emerging Science, Adaptive Regulation, and the Problem of Rulemaking Ruts
Jun 01, 2008; ... I. Introduction In theory it is hard to deny the power of information revolutions to enhance environmental policy making, but in practice it remains to be seen whether governmental institutions are up to the task of making good use of this new information as it arises. Information ...
Harnessing the Power of Science in Environmental Law: Why We Should, Why We Don't, and How We Can
Jun 01, 2008; ... I. Introduction Environmental law was born out of the new scientific understandings of ecology in the mid-twentieth century. Although science has historically played an important role in environmental law, its role has been more limited than may seem appropriate for an area of law that ...