Recent Print Issues

Articles

The Racial Architecture of Criminal Justice
by Bennett Capers

Beyond Transparency: Police Union Collective Bargaining and Participatory Democracy
by Walter Katz

Reforming State Bail Reform
by Shima Baughman, Lauren Boone, and Nathan Jackson

Power and Procedure in Texas Bail-Setting
by Amanda Woog and Nathan Fennell

Victims’ Rights in the Diversion Landscape
by Kay L. Levine

“Victims’ Rights” and Diversion: Furthering the Interests of Crime Survivors and the Community
by Miriam Krinsky and Liz Komar

The Reform Blindspot
by Irene Oritseweyinmi Joe, Shelly Richter, and Dayja Tillman

Let’s Move Criminal Justice Reforms Upstream: A Perspective from the Bench
by Bridget McCormack

Tributes

Professor Roy Ryden Anderson
by Jennifer M. Collins

Tribute to Professor Roy Anderson
by Timothy Davis

Roy Ryden Anderson: A Tribute to an SMU Legend
by C. Paul Rogers III

Symposia

No Name
by Lawrence M. Friedman

Biology and Illegitimacy
by Douglas NeJaime

Thoroughly Modern Motherhood
by Joanna Grossman

Articles

Federal Jurisdiction as Statutory Interpretation: A Majordomo Purposivist Perspective
by Martin H. Redish, Andrew F. Rodheim, Nicholas Roosevelt

From Protecting Water Quality to Protecting States’ Rights: Fifty Years of Supreme Court Clean Water Act Statutory Interpretation
by Stephen Johnson

Articles

On the Broadness of the Fourth Amendment
by Janine Kim

Taxing Employers for Imposing Mandatory Arbitration, Class Action Waiver, and Nondisclosure of Dispute Provisions
by Rebecca N. Morrow

Using Extrinsic Evidence to Excuse a Liability Insurer’s Duty to Defend
by Douglas R. Richmond

Barring Immoral Speech in Patent and Copyright
by Ned Snow

Articles

Escaping Doctrinal Lockboxes in First Amendment Jurisprudence: Workarounds for Strict Scrutiny for Low-Value Speech in the Face of Stevens and Reed
by Clay Calvert

The Debate over the Permissibility of Selective Privilege Waiver Orders Under Federal Rule of Evidence 502(d): The Crucial Scope Issues
by Edward J. Imwinkelried

The Next “Big Short”: COVID-19, Student Loan Discharge in Bankruptcy, and the SLABS Market
by Samantha L. Bailey and Christopher J. Ryan Jr.

The Risks and Rewards of Shareholder Voting
by Bernard S. Sharfman

Tributes

Tribute to Professor Peter Winship
by Dean Jennifer M. Collins and Bruce Tomaso

Tribute to Professor Peter Winship
by William V. Dorsaneo III

APOLOGIA: A Non-Retirement Tribute to Professor Peter Winship, My SMU Law Colleague of over Four Decades
by Joseph J. Norton

A Tribute to Peter Winship—Academic Lawyer Par Excellence
by C. Paul Rogers III

Articles

Margins: Estimating the Influence of the Big Three on Shareholder Proposals
by Caleb Griffin

The Pathological Perspective and Presidential Election
by Edward A. Hartnett

Machine Learning and the New Civil Procedure
by Zoe Niesel

Distinctly Claiming an Invention
by Karen E. Sandrik

Comments

Genetically Customized Generations—A Need for Increased Regulatory Control over Gene Editing Technology in the United States
by Morgan Mendicino

Beware of the Drug Detection Dog: The Fourth Amendment, Drug Detection Dogs, and State Legalization of Marijuana
by Morgan Smith

Imposing Identity: Why States Should Restrict Infant Intersex Surgery
by Laura Sundin

Off on a Technicality: The Proper Remedy for Improper Venue
by Christopher Thomson

Tweet, Post, Share. . .Get Haled into Court? Calder Minimum Contacts Analysis in Social Media Defamation Cases
by Ellen Smith Yost

 

 

Tributes

Tribute To Professor Vicki Palacios and the “Right to Die”
by Dean Jennifer M. Collins

Vicki Palacios—An Appreciation
by C. Paul Rogers III

Articles

What is Nonmarriage?
by Katharine K. Baker

Down Step by Step—Ratification of Oil and Gas Leases by Royalty Interests in Texas
by Christopher S. Kulander

Jefferson’s Taper
by Jeremy N. Sheff

Case Notes

Up to Interpretation—Highlighting the Texas Supreme Court’s “Ambiguous” Approach to Statutory Construction
by Kyle Gromann

The Sovereign’s Invisible Grasp: Katzin v. United States and the Case for Nonpossessory Physical Takings
by James Kemp

A Particular Social Group in Asylum Proceedings— The Fifth Circuit’s Categorial Ban on Victims of Domestic Violence
by Meagan Maloney

Moving the Goalposts: Why Congress Should Consider Extending the NFL’s Antitrust Exemption to the DirecTV Sunday Ticket Package
by Jack Milligan

 

 

Foreword

Cruzan and the “Right to Die”
by Thomas Wm. Mayo

Articles

First Man and Second Woman: Reflections on the Anniversaries of Apollo 11 and Cruzan 
by George Annas

Cruzan‘s Legacy in Autonomy
by Kathy L. Cerminara

Remaking the “Right to Die”: Give Me Liberty but Do Not Give Me Death
by Janet Dolgin

Beyond Cruzan: Dementia and the Best Interests Standard
by Rebecca Susan Dresser

Cruzan and the Other Evidentiary Standard: A Reconsideration of a Landmark Case Given Advances in the Classification of Disorders of Consciousness and the Evolution of Disability Law
by Joseph J. Fins

A History of the Law of Assisted Dying in the United States
by Alan Meisel

Cruzan and Surrogate Decision-Making
by David Orentlicher

Video Advance Directives: Growth and Benefits of Audiovisual Recording
by Thaddeus Mason Pope

The Legacy of Cruzan: Balancing the Moral Agency of Surrogates and the State
by Margie Hodge Shaw, Timothy E. Quill, and Bernard L. Sussman

 

Tributes

Tribute to Professor Linda Eads
by Jennifer M. Collins

Letter to Linda Eads
by Senator John Cornyn

Tribute to Professor Linda Eads
by Paul McGreal

Tribute to Professor Linda Eads
by Rebecca A. Gregory

Tribute to Professor Linda Eads
by Melinda Arbuckle

Well Done, Professor Linda Eads
by Harriet E. Miers

Articles

Constitutionally Incapable: Parole Boards as Sentencing Courts
by Mae C. Quinn

A Right to Go Dark (?)
by David Gray

Myth of the Attorney Whistleblower
by Carliss N. Chatman

Tempering Bankruptcy Nondischargeability to Promote the Purposes of Student Loans
by John Patrick Hunt

Righting the Ship: What Courts Are Still Getting Wrong About Electronic Discovery
by Tanya Pierce

Comments

Delaware Law, Friend or Foe? The Debate Surrounding Sandbagging and How Delaware’s Highest Court Should Rule on a Default Rule
by Seth Cleary

The Plague of Net Profits Payments: Possible Texas Solutions and Recommendations
by Christopher Gambini

Scoot Over: How Electric Scooters Violate the ADA and What Cities Can Do to Maintain Title II Compliance
by Jo Ann Mazoch

“WWW” Marques the Spot: Privateering as a Solution to Cryptocurrency Theft
by Joshua Parisi

The Blockchain Paradox: Almost Always Reliable, Almost Never Admissible
by J. Collin Spring

Taxing Trades: Proposals to Keep Moneyball Out of Tax Law
by Cody Wilson

Articles

The Lessons of 1919
by Lackland H. Bloom, Jr.

Born in Dissent: Free Speech and Gay Rights
by Dale Carpenter

Inciting, Requesting, Provoking, or Persuading Others to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence
by Larry Alexander

Speech and Exercise by Private Individuals and Organizations
by Kent Greenawalt

The Clear and Present Dangers of the Clear and Present Danger Test: Schenck and Abrams Revisited
by Ronald J. Krotoszynski, Jr.

Dissent in a Crowded Theater
by Mari Matsuda

“And the Truth Shall Make You Free”: Schenck, Abrams, and a Hundred Years of History
by Rodney A. Smolla

Deliberative Democracy, Truth, and Holmesian Social Darwinism
by Alexander Tsesis

Falsity and the First Amendment
by G. Edward White

Originalist Reflections on Constitutional Freedom of Speech
by Christopher Wolfe

Tributes

Professor Maureen Armour
by Jennifer M. Collins

Maureen Armour
by Honorable Jane J. Boyle

Maureen Tribute
by Michael Foreman

In Honor of a Lifetime of Justice Work
by William Halston

Notes from the Basement
by Mary B. Spector

Professor Maureen Noble Armour: The Last Lawyer in Town
by Jake Torres

Tribute to Professor Maureen Armour: A Teacher’s Teacher
by Jessica Dixon Weaver

Articles

Article III, Judicial Restraint, and This Supreme Court
by Joseph S. Diedrich

Delay, Deny, Wait Till They Die: Balancing Veterans’ Rights and Non-Adversarial Procedures in the VA Disability Benefits System
by Hugh McClean

Case Notes

“Show Me the Affidavit”— Ambiguity Persists in the Application of the Common Law Right of Access to Pre-Indictment Records
by Nathaniel Hopkins

Good Faith Concurrent Trademark Use: How the Ninth Circuit Took a Step in the Right Direction for Broad Protection in a Digital Time
by Dominic Riella

Liable for Libel?—The Texas Supreme Court’s Opinion on Opinions and Implications
by Griffin S. Rubin

“Hashing” in the Cloud: The Private Search Defense is Active and Potent
by Tri T. Truong

Tribal Sovereignty and Online Gaming: Fantasy Sports Offer Tribes What Other Games Do Not
by Cody Wilson

Tributes

Professor William J. Bridge
by Jennifer M. Collins

William J. Bridge: University Citizen Par Excellence
by Charles E. Curran

A Tribute to Professor William J. Bridge—Teacher, Mentor, and Friend
by John K. Horany

For My Colleague, Bill Bridge
by Thomas Wm. Mayo

A Friend and Colleague’s Tribute to SMU’s “Mr. Chips,” Prof. William Bridge
by Frederick C. Moss

Bill Bridge: Professor, Mentor, Friend
by Polly Rea O’Toole

Reminiscing About Bill Bridge and His Remarkable Legacy
by C. Paul Rogers III

Articles

Global Platform Governance: Private Power in the Shadow of the State
by Hannah Bloch-Wehba

An Evolutionary Theory of Administrative Law
by Karrigan S. Bork

Antidiscriminatory Privacy
by Ignacio Cofone

Spotify’s Direct Listening: Is It a Recipe for Gatekeeper Failure?
by Brent J. Horton

Articles

RICO Run Amok
by John K. Cornwell

Richard Posner: A Class of One
by Robert C. Farrell

The Icarus Syndrome: How Credit Rating Agencies Lost Their Quasi Immunity
by Norbert Gaillard and Michael Waibel

Policing Narrative
by Tal Kastner

Comments

“Heal Thyself.”—An Argument for Granting Asylum to Healthcare Workers Persecuted During the 2014 West African Ebola Crisis
by Bethany Echols

A Texas Two-Step in the Right Direction—Looking Beyond Recent Legislation to Improve the Provision of Special Education Services in Texas
by Taylor Michals

Avoiding the Alien Tort Statute: A Call for Uniformity in State Court Human Rights Litigation
by Alicia Pitts

Saving Grace: The Role of Religious Organizations in Disaster Recovery and the Constitutionality of Federal Funding to Rebuild Them
by Chelsea Till

Articles

Texas Gulf Sulphur at Fifty—A Contemporary and Historical Perspective
by Marc I. Steinberg

Equal Access to Information: The Fraud at the Heart of Texas Gulf Sulfur
by Stephen M. Bainbridge

From TGS Conservatorships to Sarbanes-Oxley Fair Funds
by Richard M. Buxbaum

Texas Gulf Sulphur: A Case Study on Responding to Market Rumors
by Wendy G. Couture

Seeking an Objective for Regulating Insider Trading Through Texas Gulf Sulphur
by James D. Cox

Texas Gulf Sulphur and Information Disclosure Policy
by Onnig H. Dombalagian

From Equality to Duty: On Altering the Reach, Impact, and Meaning of the Texas Gulf Legacy
by Lisa M. Fairfax

Constructive Ambiguity and Judicial Development of Insider Trading
by Jill E. Fisch

Personal Benefit Has No Place in Misappropriation Tipping Cases
by Merritt B. Fox and George N. Tepe

Insider Trading
by Tamar Frankel

Will Fifty Years of the SEC’s Disgorgement Remedy Be Abolished?
by Roberta S. Karmel

From Texas Gulf Sulphur to Laudato Si’: Mining Equitable Principles from Insider Trading Law
by Michael J. Kaufman

From Texas Gulf Sulphur to Chiarella: A Tale of Two Duties
by Donald C. Langevoort

Thinking Fast and Slow About the Concept of Materiality
by Mark J. Loewenstein

Martoma and Newman: Valid Corporate Purpose and the Personal Benefit Test
by Jonathan R. Macey

Taming Rule 10b-5-1: The Unfinished Business of Texas Gulf Sulphur
by Daniel J. Morrissey

The Statutory Authority for Court-Ordered Disgorgement in SEC Enforcement Actions
by Donna M. Nagy

Texas Gulf Sulphur and the Genesis of Corporate Liability Under Rule 10b-5
by Adam C. Pritchard and Robert Thompson

Unintended Consequences: The Link Between Judge Friendly’s Texas Gulf Sulphur Concurrence and Recent Supreme Court Decisions Misconstruing Rule 10b-5
by Margaret V. Sachs

The Coasian Firm and Insider Trading, Revisited
by James C. Spindler

A Birthday Toast to Texas Gulf Sulphur
by Manning G. Warren III

Disgorgement in Insider Trading Cases: FY2005-FY2015
by Verity Winship

Articles

Quarantine and the Federal Role in Epidemics
by Michael R. Ulrich and Wendy K. Mariner

Panel Effects in Administrative Law: A Study of Rules, Standards, and Judicial Whistleblowing
by Morgan Hazelton, Kristin E. Hickman, and Emerson Tiller

The Enforceability of Consent-to-Assign Provisions in Texas Oil and Gas Leases
by T. Ray Guy and Jason Wright

Monitoring Behavior: Universities, Nonprofits, Patents, and Litigation
by Teo Firpo and Michael S. Mireles

Case Notes

“You’re Not Gonna Reach My Telephone”— The Resurgence of the Fourth Amendment’s Particularity Requirement
by Tammie Beassie Banko

What’s in a Name?: Proving Actual Damages for Reputational Harm in Texas Defamation Cases Will Only Get Harder
by Austin Brakebill

Second Amendment: D.C. Circuit Court Creates Split on the Constitutionality of Good-Reason Laws
by Madeleine Giese

First Amendment Electronic Speech: Ex Parte Reece, a Missed Opportunity to Narrow Texas’s Unconstitutionally Overbroad Anti-Harassment Statute
by Brian Long

Extraterritoriality and the Alien Tort Statute— Narrow Application Preserves Crucial Boundaries
by Alicia Pitts

Cancelled Credit Cards: Substantial Risk of Future Injury as a Basis for Standing in Data Breach Cases
by Jennifer Wilt

Foreword

Foreword: Tribute to Professor Joseph Webb McKnight
by Jennifer M. Collins

Tributes

The Legacy of Professor Joseph Webb McKnight
by Justice Nathan L. Hecht

Joseph Webb McKnight (Obituary originally printed in the Magdalen College Record)
by William Bridge and Gregory Ivy

Joe McKnight and the Oxford Summer Program
by Lackland H. Bloom Jr.

Joseph W. McKnight: Antiquarian Law Book Collector Extraordinaire
by Gregory Ivy

Professor Joseph McKnight, Jurist and Historian
by Alexander McCall Smith

A Library’s Legacy
by Natalie Nanasi

Remembering Professor Joseph McKnight
by Leland L. Coggan

Joe McKnight: Friend, Mentor, Scholar & Legend
by Brian L. Webb

Articles

The Curious Origin of Texas Pleading
by Justice Jason Boatright

Why Do Bad Antitrust Decisions Sometimes Make Good Law? The Alcoa and Brown Shoe Examples
by C. Paul Rogers III

A Curious Parental Right
by Margaret Ryznar

The Changing Tides of Adoption: Why Marriage, Race, and Family Identity Still Matter
by Jessica Dixon Weaver

Memorial Essay in Honor of Professor Emeritus Joseph Webb McKnight: Yet Another Historical Joinder Between Texas and Mexico: The Ongoing NAFTA Saga
by Joseph J. Norton

A Look Back at the Future of UCC Damages Remedies
by Roy Ryden Anderson

Twitter and the #So-CalledJudge
by Elizabeth G. Thornburg

Presenting a Critical Perspective on “Economic Efficiency” in Law and Economics Courses
by Gregory Crespi

Shades of Theology in Suits Affecting the Parent-Child Relationship: A Tribute Honoring the Memory of Professor Joseph W. McKnight
by Dr. Beverly Caro Dureus

The Decline of Anglo-American Civil Jury Trial Practice
by William V. Dorsaneo III

Rethinking Powers of Attorney in Real Estate Transactions
by Julia Patterson Forrester

Articles

Foreword

Alternative Dispute Resolution: A Critical Reconsideration
by Richard Delgado

Articles

The Unbearable Lightness of Alternative Dispute Resolution: Critical Thoughts on Fairness and Formality
by Richard Delgado

Reconsidering Prejudice in Alternative Dispute Resolution for Black Work Matters
by Michael Z. Green

Implicit Bias and Prejudice in Mediation
by Carol Izumi

Negotiating While Female
by Andrea Kupfer Schneider

Do You Believe in Magic?: Self-Determination and Procedural Justice Meet Inequality in Court-Connected Mediation
by Nancy Welsh

Symposium

Free Speech, the Search for Truth, and the Problem of Collective Knowledge
by Frederick Schauer

Articles

Reining in Internet-Age Expansion of Exemption 7(C): Towards a Tort Law Approach for Ferreting out Legitimate Privacy Concerns and Unwarranted Intrusions Under FOIA
by Clay Calvert, Austin Vining, and Sebastian Zarate

The Wrong Decision at the Wrong Time: Utah v. Strieff in the Era of Aggressive Policing
by Julian A. Cook III

Banking on Diversity: Does Gender Diversity Improve Financial Firms’ Risk Oversight
by Kristin N. Johnson

The Social Origins of Innovation Failures
by Laura Pedraza-Farina

Comments

The High Cost of Free-To-Play Games: Consumer protection in the New Digital Playground
by Erik Allison

An Open Field for Professional Athlete Litigation: An Analysis of the Current Application of Section 301 Preemption in Professional Sports Lawsuits
by Morgan Francy

Taxing Prizes and Awards: Proposed Amendments to Section 74 to Treat Meritorious Achievements Equitably
by Tayler Green

When Fingerprints Are Key: Reinstating Privacy to the Privilege Against Self-Incrimination in Light of Fingerprint Encryption in Smartphones
by Efren Lemus

Re-zoning the Sharing Economy: Municipal Authority to Regulate Short-Term Rentals of Real Property
by Cory Scanlon

Articles

The Shadow of Free Enterprise: the Unconstitutionality of the Securities & Exchange Commission’s Administrative Law Judges
by Linda D. Jellum and Moses M. Tincher

Are Validation Notices Valid? An Empirical Evaluation of Consumer Understanding of Debt Collection Validation Notices
by Jeff Sovern and Kate E. Walton

The Carried Interest Standoff: Reaffirming Executive Agency Authority
by Dean Galaro and Greg Crespi

Case Notes

Reaching Across the Threshold of the Fourth Amendment – Why Payton v. New York Should be Interpreted Broadly
by Caroline Hunt

First Amendment Commercial Speech—Swipe Fees Mute Texas Merchants
by Shelby T. Perry

From Blockbuster to Mobile Apps—Video Privacy Protection Act of 1988 Continues to Protect the Digital Citizen
by Ann Stehling

Soggy Debt—The Seventh Circuit Widens the Split on FDCPA Liability for Time-Barred Claims in Bankruptcy
by Elijah C. Stone

Copyright Ownership—Even Iron Man Couldn’t Protect the Work for Hire Doctrine from Third-Party Infringers
by Elizabeth Vinson

Essay

Appearance as a Feminist Issue
by Deborah L. Rhode

Articles

Branded
by Irina D. Manta

Foreword

Foreword: Perspectives on Mortgage Lending Regulation
by Julie Patterson Forrester

Articles

Macroprudential Regulation of Mortgage Lending
by Steven L. Schwarcz

Local Government and Risky Home Loans
by Kathleen C. Engel

The Unfinished Business of Dodd-Frank: Reforming the Mortgage Contract
by Christopher K. Odinet

Essay

Finding a Balance Between Securing Confidentiality and Preserving Court Transparency: A Re-Visit of Rule 76A and Its Application to Unfiled Discovery
by The Honorable Craig Smith, Grant Schmidt, and Austin Smith

Articles

Reconciling the Premium Tax Credit: Painful Complications for Lower and Middle-Income Taxpayers
by Francine J. Lipman and James E. Williamson

The New Affirmative Action after Fischer v. University of Texas: Defining Educational Diversity through the Sixth Amendment’s Cross-Section Requirement
by Adam Lamparello and Cynthia Swann

Are Hedge Funds Still Private? Exploring Publicness in the Face of Incoherency
by Cary Martin Shelby

Irrational Investors and the Corporate Inversion Puzzle
by Gregory R. Day

Comments

Flushed from the Pocket: Daily Fantasy Sports Businesses Scramble Amidst Growing Legal Concern
by Jonathan Bass

Laws for “Aliens and Strangers”: Examining the Foreign Commerce Clause through the Lens of Indian Commerce Clause Law
by Laura Choi

Extraordinary Results in Extraordinary Rendition
by Alexander Turner

Essay

“He Said, She Said”: With a Twist
by Ronen Perry, Oren Gazal-Ayal, and Chen Toubul

Articles

The Anatomy of the Human Rights Framework for Intellectual Property
by Peter Yu

The Family Office Exclusion Under the Investment Advisers Act of 1940
by Nathan Crow and Greg Crespi

Timing Isn’t Everything: Establishing a Title VII Retaliation Prima Facie Case After University of Texas Southwestern Medical Center v. Nassar
by Lawrence Rosenthal

Reconstructing Pregnancy
by Sarudzayi M. Matambanadzo Dr.

Case Notes

Securities Regulation–Ninth Circuit Declines to Follow Narrow Presentation of Novel Insider Trading Interpretation Issued by Second Circuit Securities Law “Experts”
by Jordan Bruns

First Amendment–Student Speech–Why Bell Tolls a Review of Tinker‘s Application to Off-Campus Online Student Speech
by Katherine E. Geddes

Defamation: Environmental Allegations Against Fracking Companies are Defamatory Per Se in Texas
by Jessica Schauwecker

In the Eyes of the President–Supreme Court Holds Executive Branch Has Exclusive Power to Recognize Foreign Sovereignties
by Jennifer Trejo

Patentable Subject Matter: Alice Does Not Permit the Dead to Frolic in a 3D Wonderland
by Hao J. Wu

Study 

Coitus and Consequences in the Legal System: An Experiment Study
by Joni Hersch and Beverly Moran

Articles

The Compensatory Disgorgement Alternative to Restatement Third’s New Remedy for Breach of Contract
by Roy Ryden Anderson

Conflicts of Corporate Laws in Europe – “Utopia Limited; or: The Flowers of Progress”
by Werner F. Ebke

Cultivating Judgment on the Tools of Wrongful Conviction
by Meghan J. Ryan and John Adams

A Tale of Two Inquiries: The Ministerial Exception After Hosana-Tabor
by Brian M. Murray

Tributes

Articles

The Emerging Role of Bylaws in Corporate Governance
by Henry duPont Ridgely

Probability, Confidence, and Twombly’s Plausibility Standard
by Luke Meier

The Spending Power after NFIB: New Direction, or Medicaid Exception?
by Elizabeth Patterson

NSA and DEA Intelligence Sharing: Why it is Legal and Why Reuters and the Good Wife Got it Wrong
by Melanie M. Reid

Promoting Health with Sports: When Should Nonprofits Qualify for Tax Benefits?
by William Drennan

Comments

The Fight over Home Court: An Analysis of the SEC’s Increased Use of Administrative Proceedings
by Ryan Jones

Personalized Medicine in the Information Age: Myriad’s De Facto Monopoly on Breast Cancer Research
by Angela M. Oliver

How the Law Should View Voluntary Child Soldiers: Does Terrorism Pose a Different Dilemma?
by Cristina Martinez Squiers

Articles

Articles

Tributes

Terrible Tools for Prosecutors: Notes on Senator Leahy’s Proposal to Fix Skilling v. United States
by Albert W. Alschuler

Strict Liability in the Shadow of Juries
by Darryl K. Brown

Authority, Ignorance, and the Guilty Mind
by Stephen P. Garvey

Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to Apprendi
by Nancy J. King

Beyond Prosecutor Elections
by Ronald F. Wright

Jurors and Social Media: Is a Fair Trial Still Possible
by Nancy S. Marder

Speech

The Warren Court and the Constitution (with Special Emphasis on Brown and Loving)

Symposia

Articles

Preface

Preface

Foreword

Foreword
by Lee Ann Dauphinot

Articles

Family Law: Husband and Wife
by Joseph W. McKnight and Shanin Turner Brevig

Health Care Law
by Mary Jean Geroulo

Insurance Law
by J. Price Collins, Blake H. Crawford, and William H. Craven

Intellectual Property Law
by David L. McCombs, Phillip B. Philbin, and Hamilton C. Simpson

Oil, Gas, and Mineral law
by Richard F. Brown

Partnership Law
by Jeff Dorrill, Matthew Schindel, and Kelly Bub

Professional Liability
by Kelli M. Hinson, Jennifer Evans Morris, and Debran O’Neil

Real Property
by J. Richard White and G. Roland Love

Securities Regulation
by George Lee Flint Jr.

Survey of Recent Mandamus Decisions of the Texas Supreme Court
by Douglas S. Lang and Rachel A. Campbell

Taxation
by Cynthia M. Ohlenfrost and Sam Megally

Toxic Torts and Mass Torts
by Brent M. Rosenthal

Wills & Trusts
by Gerry W. Beyer

 

Articles

The Economic Purpose of the Contract Clause
by David Crump

Overruling Precedent: A Derelict in the Stream of the Law
by Michael H. LeRoy

Private Rights for the Public Good
by J. Janewa OseiTutu

Sunbeam Offers A Ray of Sunshine for the Licensee when A Licensor Rejects A Trademark License Agreement in Bankruptcy
by Alan Resnick

On Substantive Due Process and Discretionary Traditionalism
by Ronald Turner

Preface

Foreword

Articles

Alapatt Redux: Support for Functional Language in Software Patent Claims
by Andrew Chin

Percolation, Uniformity, and Coherent Adjudication: The Federal Circuit Experience
by Rochelle C. Dreyfuss

The USPTO’s Soft Power: Who Needs Chevron Deference
by John M. Golden

A Case Study Regarding the Ongoing Dialogue between the Federal Circuit and the Supreme Court: The Federal Circuit’s Implementation of KSR v. Teleflex
by Thomas G. Hungar and Rajiv Mohan

A Case Study of Federal Circuit Policy Making
by W. Keith Robinson

Further Reflections on Extinguishing the Fountainhead of Knowledge: A Call to Transition to the “Innovation Policy” Narrative in Patent Law
by Simone Rose

Formalism and Antiformalism in Patent Law Adjudication–Precedent and Policy
by David O. Taylor

Articles

Teaching Contract Law: Introducing Students to a Critical Perspective through Indentured Servitude and Sharecropper Contracts
by Gregory Scott Crespi

Teaching Contract Law through Common Law Analysis: The UCI Law Experiment
by Gregory Scott Crespi

Case Notes

Compelled Commercial Disclosures – The D.C. Circuit Holds Graphic Warning Requirements for Tobacco Products Unconstitutional
by Phillip R. Sanders

Eminent Domain – Texas Supreme Court Requires Common Carrier Pipeline Companies to Demonstrate Reasonable Expectation of Future Public
by Sam Pinkston

First Amendment – Seventh Circuit Expands Establishment Clause in High School Graduation Case
by Renee M. Hunter

Due Process – Fifth Circuit Incorrectly Holds School Lacks Deshaney Special Relationship with Students
by Lindsey Hovland

Copyright Law – A Challenge to the Ninth Circuit’s Fight Applying Laches in Raging Bull Suit
by Jacqui Bogucki

Synthetic Drugs – Emergence, Legislation, and the Criminal and Legal Aftermath of Broad Regulation
by Zunny Losoya

The Unbearable Whiteness of ABC: The First Amendment, Diversity, and Reality Television in the Wake of Claybrooks v. ABC
by Sarah Honeycutt

First Amendment Protection for Political Candidacy of Public Employees
by Ross Staine

Articles

Loneliness in the Crowd: Why Nobody Wants Opt-out Class Members to Assert Offensive Issue Preclusion against Class Defendants
by Antonio Gidi

The Paradox of Legal Equivalents and Scientific Equivalence: Reconciling Patent Law’s Doctrine of Equivalents with the FDA’s Bioequivalence Requirement
by Janet Freilich

Sexting: 21st-Century Statutory Rape
by John K. Cornwell

Technological Intermediaries and Freedom of the Press
by Christina M. Mulligan

Against Neorehabilitation
by Jessica M. Eaglin

Friend or Foe: The Sixth Amendment Confrontation Clause in Post-Conviction Formal Revocation Proceedings
by Esther K. Hong

The Immigrant and Miranda
by Anjana Malhotra

Preface

Preface
by James Bookhout

Tributes

Tribute to Roark Reed
by John B. Attanasio

Roark Reed – Remembering a Colleague
by Maureen N. Armour and Mary Spector

My Hero: Professor Roark Reed
by Jane J. Boyle

Roark Reed: A tribute
by Alexis Gabay

Roark Reed: The Quiet Innovator
by Mike McCollum

Articles

Finding a Forum for North Korea
by Morse H. Tan

The Rejection of the Separate Entity Rule Validates the Separate Entity Rule
by Geoffrey Sant

Empathic Dialogue: From Formalism to Value Principles
by Mitchell F. Crusto

Can We Make Sense of Neutrality in the Religion Clause Cases: Seven Rescue Attempts and a Viable Alternative
by R. George Wright

The New Miranda Warning
by Michael D. Cicchini

Articles

Illegal Emigration: The Continuing Life of Invalid Deportation Orders
by Richard Frankel

Tax Abuse – Lessons from Abroad
by Orly Sulami

Daubert Gatekeeping for Eyewitness Identifications
by Sandra Guerra Thompson

Comments

Attorney Ghostwriting for Pro Se Litigants – A Practical and Bright-Line Solution to Resolve the Split of Authority Among Federal Circuits and State Bar Associations
by Salman Bhojani

Whistleblowers in the Workplace: The Government Employee’s Official Duty to Tell the Truth
by Parker Graham

The Intersection of Religion and Sexual Orientation in the Workplace: Unequal Protections, Equal Employees
by Molly E. Whitman

Preface

Preface
by Justin Wheeler and Ben Nicholson

Foreword

Foreword
by Kerry P. Fitzgerald

Articles

Alternative Dispute Resolution
by Will Pryor

Antitrust and Consumer Protection
by Michael Ferrill, Leslie Sara Hyman, and Soledad Valenciano

Bankruptcy
by Joseph J. Wielebinkski and Davor Rukavina

Business Torts
by Charles M. Hosch, Lauren T. Becker, and Kimberly E. Hodgman

Civil Procedure: Pre-Trial & Trial
by Donald Collelouri, Gary D. Eisenstat, and Bill E. Davidoff

Commercial Transactions
by John Krahmer

Conflict of Laws
by James P. George, Stephanie K. Marshall, and Lisa A. Goodman

Criminal Procedure: Confessions, Searches and Seizures
by Michael E. Keasler and Michael J. Ritter

Environmental Law
by Scott D. Deatherage and James Voelker

Franchise Law
by Deborah S. Coldwell, Iris Gibson, WIlliam D. White, and Laura Warrick

Articles

The Separation of Higher Powers
by Richard Albert

Who is Liable for Attorney’s Fees under Texas Civil Practice & Remedies Code Section 38.001 in breach of Contract Litigation
by Gregory Scott Crespi

Balancing Privacy, Autonomy, and Scientific Needs In Electronic Health Records Research
by Sharona Hoffman and Andy Podgurski

Contract Theory and Some Realism about Employee Covenant Not to Compete Cases
by Daniel P. O’gorman

Case Notes

Civil RICO Liability – The Second Circuit’s Interpretation of the PSLRA Amendment has Broad Implications for Victims of Securities Fraud Conspiracy
by Michael Buscher

Unconstitutional Conditions: The Second Circuit Splits with the D.C. Circuit and Erroneously Finds Anti-Prostitution Pledge Required for HIV/AIDs Funding Unconditional
by Cole Davis

The Fourth Amendment – The Burden of Proof for Exigent Circumstances in a Warrantless Search Civil Action
by Adrienne Lewis

An Eighth Amendment State of Emergency – Prisoner Reduction Order as a Last Resort in Brown v. Plata
by Neil Stockbridge

Tributes

In Memoriam: Professor Daniel W. Shuman
by John B. Attanasio

Working with Dan Shuman: A Remembrance
by Anthony Champagne

Daniel W. Shuman: A Gift for Collaboration
by Liza H. Gold and Robert I. Simon

Daniel W. Shuman: An Extraordinary Scholar Bridging the Disciplines of Law, Psychology, and Psychiatry
by Richard Rogers

A Collaboration over Time
by Alexander McCall Smith

Articles

When Old Meets New: Some Perspectives on Recent Chinese Legal Developments and Their Relevance to the United States (The Importance of Labor Law)
by Louise Willans Floyd

The Dodd-Frank Wall Street Reform and Consumer Protection Act: What Caused the Financial Crisis and Will Dodd-Frank Prevent Future Crises
by Charles W. Murdock

Risk in Sentencing: Constitutionally Suspect Variables and Evidence-Based Sentencing
by J. C. Oleson

Comments

When Have They Paid Enough – The Taxability of Compensation Payments Made to Wrongfully Incarcerated Individuals
by Erin Tyler Brewster

Privacy’s Role in the Discovery of Social Networking Site Information
by Kelly Ann Bub

The Pledge of Allegiance, Croft v. Perry, and the Supreme Court’s Second Chance to Clarify Establishment Clause Jurisprudence
by Carrie Nie

Articles

The History of Intellectual Property Taxation: Promoting Innovation and Other Intellectual Property Goals
by Xuan-Thao Nguyen and Jeffrey A. Maine

Patents, Genetically Modified Foods, and IP Overreaching
by Elizabeth A. Rowe

Unjust Patents & Bargaining Breakdown: When is Declaratory Relief Needed
by Chester S. Chuang

Do as I Say (Not as I Did): Putative Intellectual Property Lessons for Emerging Economies from the Not So Long Past of the Developed Nations
by Llewellyn Joseph Gibbons

Six Secret (and Now Open) Fears of ACTA
by Peter K. Yu

Promoting Indigenous Innovation, Enterprise, and Entrepreneurship through the Licensing of Article 31 Indigenous Assets and Resources
by Danielle M. Conway

The Centrality of Social Justice for an Academic Intellectual Property Institute
by Steven D. Jamar and Lateef Mtima

Intellectual Property, Innovation, and the Future: Toward a Better Model for Educating Leaders in Intellectual Property Law
by Robert W. Gomulkiewicz

Tributes

Tribute to Henry J. Lischer, Jr.
by John B. Attanasio

A Tribute to Hank Lischer
by Linda S. Eads

Hank Lischer: A Friend, a Leader, and an Of Counsel
by Donald J. Malouf

Henry J. Lischer, Jr.: Colleague and Friend
by John J. Mylan

Articles

Twombly and Iqbal Should (Finally) Put the Distinction between Intrinsic and Extrinsic Fraud out of Its Misery
by Dustin B. Benham

A Contractual Deterrence Strategy for User-Generated Copyright Infringement and Subsequent Service Provider Litigation
by Amanda Harmon Cooley

The Health Care Reform Act of 2010 and Medical Malpractice Liability: Worlds in Collision or Ships Passing in the Night
by Thomas L. Hafemeister and Joshua Hinckley Porter

Case Notes

The Americans with Disabilities Act – The Fifth Circuit’s Narrow Interpretation of Services Creates a Split and Burdens the Disabled in Frame v. City of Arlington
by Thomas Conner

The Abdication of Free Association – Elevating the Court above the Constitution in Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez
by Natalie M. Cooley

Sex Offender Registration and Notification Act – Supreme Court Undermines Congress’s Effort to Crack down on Sex Offender Registration
by Andrew Gillman

School Law – The Fifth Circuit Prolongs Educational Inequalities in United States v. Texas
by Cristin Lee Hedman

Employment Law – The Third Circuit’s Holding That Employees’ Unsolicited Internal Complaints are Not Protected under ERISA Stops Whistleblowers in Their Tracks
by Scott W. Thomas

Foreword

Foreword
by Don R. Willett

Articles

Alternative Dispute Resolution
by Will Pryor

Antitrust and Consumer Protection
by A. Michael Ferrill, Leslie Sara Hyman, and Soledad Valenciano

Bankruptcy
by Joseph J. Wielebinski and Davor Rukavina

Business Torts
by Charles M. Hosch and Lauren T. Becker

Civil Evidence
by Luis G. Zambrano

Civil Procedure: Pre-Trial & Trial
by Donald Colleluori, Gary D. Eisenstat, and Bill E. Davidoff

Commercial Transactions
by John Krahmer

Conflict of Laws
by James P. George and Stephanie K. Marshall

Criminal Procedure: Confessions, Searches, and Seizures
by James Taylor Wells and Michael E. Keasler

Employment Law
by Ronald Turner

Environmental Law
by Scott D. Deatherage

Family Law: Husband and Wife
by Joseph W. McKnight

Franchise Law
by Deborah S. Coldwell, Altresha Q. Burchett-Williams, William D. White, and Suzanne A. Loonam Trigg

Health Care Law
by Mary Jean Geroulo and Ray Khirallah

Insurance Law
by J. Price Collins, Blake H. Crawford, and Vanessa Durante

Intellectual Property Law
by David L. McCombs, Phillip B. Philbin, and Nick B. Nelson

Mandamus Decisions of the Texas Supreme Court
by Douglas S. Lang, Pamela D. Koehler, and Genevra M. Williams

Oil, Gas and Mineral Law
by Richard F. Brown

Partnerships
by Steven A. Waters

Personal Tort Law
by Meredith J. Duncan and Jacquelyn Craig

Professional Liability
by Kelli M. Hinson, Jennie C. Bauman, and Lance Currie

Real Property
by J. Richard White and G. Roland Love

Securities Regulation
by George Lee Flint

Taxation
by Cynthia M. Ohlenforst, Sam Megally, and Angela J. Seekins

Toxic Torts and Mass Torts
by Brent M. Rosenthal

Wills and Trusts
by Gerry W. Beyer

Zoning and Land Use
by Arthur J. Anderson

Essay

Avoiding the Thickets of Guesswork: The Delaware Supreme Court and Certified Questions of Corporation Law

Articles

The ILC and the Reconstruction of U.S. Banking
by Mehrsa Baradaran

From Research Conclusions to Real Change: Understanding the First Amendment’s (Non)Response to the Negative Effects of Media on Children by Looking to the Example of Violent Video Game Regulations
by Renee Newman Knake

Reinventing the EEOC
by Nancy M. Modesitt

Take This House and Shove It: The Emotional Drivers of Strategic Default
by Brent T. White

Comments

Patenting the Human Body: The Constitutionality of Gene Patents and Suggested Remedies for Reform
by Olga Bograd

Facing the Future of Oil in U.S. Courts: A Recommendation for Changing the Bremen Doctrine on Enforceability of Forum Selection Clauses
by Mark D. Mutschink

Social Networking in the Workplace: Are Private Employers Prepared to Comply with Discovery Requests for Posts and Tweets
by Lisa Thomas

Right to Counsel in Parental-Rights Termination Cases: How a Clear and Consistent Legal Standard Would Better Protect Indigent Families, The
by Elizabeth Mills Viney

Tributes

Tribute for Frederick C. Moss
by John B. Attanasio

The Non-Musical Career of Fred Moss: A Precis
by William J. Bridge

The Work Praises the Man – An Irish Proverb: A Tribute to Professor Frederick Moss
by Linda S. Eads

Professor Frederick C. Moss, or, the Education of a Junior Colleague
by Jeffrey Kahn

Fred Moss, the Law School’s Unsung Hero
by C. Paul Rogers

Fred Moss, A Personal Reminiscence
by Vincent S. Walkowiak

Essay

What Happened in the English Legal System in the Fourteenth Century and Why Would Anyone Want to Know
by Charles Jr. Donahue

Articles

Financial Instability, Tax Policy, and the Tax Expenditure Concept
by Tim Edgar

Untangling Double Jeopardy in Mixed-Verdict Cases
by Lissa Griffin

How Do (and Should) Competition Authorities Treat a Dominant Firm’s Deception
by Maurice E. Stucke

Foreword

Foreword to the Texas Survey

Tribute

Tribute to Sharon Johnson

Articles

Alternative Dispute Resolution
by Will Pryor

Antitrust and Consumer Protection
by A. Michael Ferrill, Leslie Sara Hyman, and Soledad Valenciano

Bankruptcy
by Joseph J. Wielebinski and Davor Rukavina

Business Torts
by Charles M. Hosch and Lauren T. Becker

Civil Evidence
by Luis G. Zambrano

Civil Procedure: Appellate Practice and Procedure
by LeDawn H. Conway and Devon D. Sharp

Civil Procedure: Pre-Trial and Trial
by Donald Colleluori, Gary D. Eisenstat, and Bill E. Davidoff

Commercial Transactions
by John Krahmer

Conflict of Laws
by James P. George, Wm. Frank Carroll, and Stephanie K. Marshall

Criminal Procedure: Confessions, Searches, and Seizures
by Maine Stephan Goodfellow and Michael E. Keasler

Education Law
by Charles J. Crawford and Justin Graham

Employment Law
by Ronald Turner

Environmental Law
by Scott D. Deatherage, Brendan Lowrey, Christopher Smith, and Ashley Phillips

Franchise Law
by Deborah S. Coldwell, Alresha Q. Burchett-Williams, William D. White, and Suzanne A. Loonam

Health Care Law
by Thomas Wm. Mayo and Hallie Elizabeth Graves

Insurance Law
by J. Price Collins and Blake H. Crawford

Intellectual Property Law
by David L. McCombs, Phillip B. Philbin, and Donald E. Tiller

Oil, Gas and Mineral Law
by Richard F. Brown and Laura L. Hale

Partnerships
by Steven A. Waters and Matthew P. Reinhart

Personal Tort Law
by Meredith J. Duncan

Professional Liability
by Kelli M. Hinson, Jennifer Evans Morris, and Jennie C. Bauman

Real Property
by J. Richard White and G. Roland Love

Securities Regulation
by George Lee Flint

Taxation
by Cynthia M. Ohlenforst, Sam Megally, and Angela Johnson

Toxic Torts and Mass Torts
by Brent M. Rosenthal

Wills and Trusts
by Gerry W. Beyer

Zoning and Land Use
by Arthur J. Anderson and Thomas Mann

Tributes

Tribute for Regis Campfield
by John Attanasio

Tribute to Regis W. Campfield
by Charles O. Galvin

Regis W. Campfield: Friend and Colleague
by Christopher H. Hanna

Regis W. Campfield, My Accomplished Colleague
by Henry J. Lischer Jr.

Regis W. Campfield: Colleague, Mentor, and Friend
by Joshua C. Tate

Articles

Shattering the Equal Pay Act’s Glass Ceiling
by Deborah Thompson Eisenberg

Lawyer Exceptionalism in the Gatekeeping Wars
by Sung Hui Kim

Employee Status and the Concept of Control in Federal Employment Discrimination Law
by Frank J. Menetrez

Insurance Regulation: Lessons from a Small Economy
by Ronen Perry

Case Notes

Employment Law – Fair Labor Standards Act – The Seventh Circuit Holds That Oral Employee Complaints are Not Protected Activity under FLSA
by JoAnn M. Dodson

Double Jeopardy – Supreme Court Denies Relevance of Hung Counts to Collateral Estoppel, Expands Double Jeopardy Clause to Apply within a Single Proceeding
by Jessica Greenwood

Work-Product Doctrine – The First Circuit Further Confuses an Existing Circuit Split in United States v. Textron Inc.
by Sarah Seifert Mallett

Freedom of Speech and the Catch-22 for Public Employees in the Ninth Circuit – Huppert v. City of Pittsburg
by Jody L. Rodenberg

Foreign Sovereign Immunity – Fourth Circuit Disregards Congressional Intent by Holding That the Foreign Sovereign Immunities Act Does Not Apply to Individuals Acting within the Scope of Their Official Duties
by Elizabeth Mills Viney