Recent Print Articles
Volume 73 (2020)
Volume 73, Issue 1 - "Right to Die" Symposium Issue
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
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
Volume 72 (2019)
Volume 72, Issue 4
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
Volume 72, Issue 3 – 100th Anniversary of Schenck and Abrams
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
Volume 72, Issue 2
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
Volume 72, Issue 1
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
Volume 71 (2018)
Volume 71, Issue 4
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
Volume 71, Texas Gulf Sulfur 50th Anniversary Symposium Issue
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
Volume 71, Issue 2
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
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
Volume 71, Issue 1
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
Volume 70 (2017)
Volume 70, ADR Symposium Issue, Part 2 of 2
Articles
Critical Procedure: ADR and the Justices’ “Second Wave” Constriction of Court Access and Claim Development
by Eric K. Yamamoto
Does Alternative Dispute Resolution Facilitate Prejudice and Bias? We Still Don’t Know
by Gilat J. Bachar and Deborah R. Hensler
Contextual Analysis in Arbitration
by Pat K. Chew
The Lost Promise of Arbitration
by Sarah Rudolph Cole
Do Alternative Dispute Resolution Procedures Disadvantage Women and Minorities?
by Charles Craver
Dispute System Design and Bias in Dispute Resolution
by Lisa Blomgren Amsler, Alexander B. Avtgis, and Michael Scott Jackman
Volume 70, ADR Symposium Issue, Part 1 of 2
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
Volume 70, Issue 2
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
Taxing Prizes and Awards: Proposed Amendments to Section 74 to Treat Meritorious Achievements Equitably
by Tayler Green
Re-zoning the Sharing Economy: Municipal Authority to Regulate Short-Term Rentals of Real Property
by Cory Scanlon
Volume 70, Issue 1
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
Volume 69 (2016)
Volume 69, Issue 4
Essay
Appearance as a Feminist Issue
by Deborah L. Rhode
Articles
Branded
by Irina D. Manta
Parens Patriae and The States’ Historic Police Power
by Margaret S. Thomas
Rethinking Deference: How the History of Church Property Disputes Calls Into Question Long-Standing First Amendment Doctrine
by Eric G. Osborne and Michael D. Bush
Volume 69, Issue 3
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
Volume 69, Issue 2
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
Volume 69, Issue 1
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
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
Volume 68 (2015)
Volume 68, Issue 4
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
Volume 68, Issue 3
Tributes
In Honor of Professor Alan Bromberg
by Marc I. Steinberg
Alan R. Bromberg Curriculum Vitae (CV) & Photo
Some Observations on Corporate or Business Tax Reform
by Christopher H. Hanna
Reflections on “In the best interest of the corporation” and “Corporate Social Responsibility”: An Essay Honouring the Memory of Professor Alan R. Bromberg
by Joseph J. Norton
Professor Alan R. Bromberg’s Rule 10b-5
by Marc I. Steinberg
Drafting General Partnership Laws on the “Aggregate” or “Entity” Theory
by Peter Winship
“Make” Means “Make”: Rejecting the Fourth Circuit’s Two-Headed Interpretation of Janus Capital
by C. Steven Bradford
An Essay for Professor Alan Bromberg: Removing the Taint from Past Illegal Offers and Sales
by Douglas M. Branson
The Tax-Transparent Entity in the International Conflict of Laws
by Richard M. Buxbaum
“Loser Pays”: The Latest Installment in the Battle-Scarred, Cliff-Hanging Survival of the Rule 10b-5 Class Action
by John C. Coffee, Jr.
Professor Alan R. Bromberg and the Scholarly Role of the Treatise
by Wendy G. Couture
“We’re Cool” Statements after Omnicare: Securities Fraud Suits for Failures to Comply with the Law
by James D. Cox
Regulating Information Flows in Capital Markets
by Onnig H. Dombalagian
Globalizing Up Corporate Law
by Franklin A. Gevurtz
The Law on Insider Trading Lacks Needed Definition
by Roberta S. Karmel
The Bromberg Balance: Proper Portfolio-Monitoring Agreements in Securities Class Actions
by Michael J. Kaufman and John M. Wunderlich
Equity and Corporate Law
by Mark J. Loewenstein
SEC Policy Change Re Settlements with Admissions of Wrongdoing
by Lewis D. Lowenfels and Michael J. Sullivan
The Ties That Bind: LLC Operating Agreements as Binding Commitments
by Joan MacLeod Heminway
Managing the Wealth of Nations: What China and America May Have to Teach Each Other About Corporate Governance
by Daniel J. Morrissey
Reflections on the Securities Broker as a Fiduciary
by Norman S. Poser
Dirks and the Genesis of Personal Benefit
by Adam C. Pritchard
The New Financial Order: An Essay for Alan Bromberg
by Joel Seligman
Publicly-Traded LLCs: The New Kid on the Exchange
by Mary Siegel
The False Promise of Publicly Offered Private Placements
by Manning Gilbert Warren III
Contracting Around Securities Litigation: Some Thoughts on the Scope of Litigation Bylaws
by Verity Winship
Volume 68, Issue 2
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
Volume 68, Issue 1
Articles
Same-Sex Cynicism and the Self-Defeating Pursuit of Social Acceptance Through Litigation
by James Dwyer
Distinguishing Lay From Expert Opinion: The Need to Focus on the Epistemological Differences Between the Reasoning Process Used by Lay and Expert Witnesses
by Edward J. Imwinkelried
The Supreme Court’s New Approach to Personal Jurisdiction
by Bernadette Bollas Genetin
Acupressure: The Emerging Role of Market Ordering in Global Copyright Enforcement
by Eric Priest
Hobby Lobby and Social Justice: How the Supreme Court Opened the Door for Socially Conscious Investors
by Michele Benedetto Neitz
Case Notes
Psychology’s Role in Law: A Discussion of How the Supreme Court Views the Role of the DSM-V in Hall v. Florida
by Bryant Buechele
Federal Criminal Procedure–Guilty Plea Satisfaction Guaranteed
by T. J. Hales
Enforcement of Patent Rights: Expanding the Potential for Patent Owners to Face Antitrust Liability
by Angela Oliver
Construction Law–Texas Supreme Court Shields Design Professionals from Economic Liability in Negligent Misrepresentation Suits
by Grant Robinson
Employment Law–Hobby Lobby’s Narrow Holding Guards Against Discrimination
by Cristina Squiers
Volume 67 (2014)
Volume 67, Issue 4
Articles
Foreword
by Sandra Day O’Connor
Dedication
by Guido Calabresi
The Kadi Saga and the Rule of Law within the EU
by Koen Lenaerts
The National Judge as EU Judge: Some Constitutional Observations
by Allan Rosas
Ineffable Intuition and Unreasonable Suspicion: Our Rule of Law Failure
by John Sexton, Justin Sommerkamp, and Justin Martin
The American Bar Association and the Rule of Law
by James R. Silkenat
Clues of Integrity in the Legal Reasoning Process: How Judicial Biographies Shed Light on the Rule of Law
by Harvey Rishikof and Bernard Horowitz
The Imperfections of the Rule of Law
by William E. Nelson
Rule of Law, Standards of Law, Discretion and Transparency
by Eleanor M. Fox
Rule of Legal Rhetoric
by Geoffrey C. Hazard Jr.
The Nacirema Revisited
by Jeffrey Kahn
The Exclusionary Rule as a Symbol of the Rule of Law
by Jenia Iontcheva Turner
A Brief Primer on the Rule of Law in Multistate Systems
by Anthony J. Colangelo
Volume 67, Issue 3
Tributes
Professor Sarah McQuillen Tran: A Portrait of Perseverance and Courage
by Julie Patterson Forrester
Remembering Sarah McQuillen Tran: A Scholar, Teacher, Mother, Friend
by Cheryl Nelson Butler
For Sarah
by Christopher Dolder
Eulogy for Sarah Tran
by Holly Roberson
Sarah Tran’s Inspiring Optimism
by Peter Menell
Articles
The 2014 SMU Criminal Justice Colloquium: An Introduction
by Meghan J. Ryan and Jenia Iontcheva Turner
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)
by Akhil Reed Amar
Volume 67, Issue 2
Symposia
Foreword: A Short Biography of the Civil Rights Act of 1964
by Kenneth W. Mack
Language Rights as a Legacy of the Civil Rights Act of 1964
by Ming Hsu Chen
Intersectionality, Multidimensionality, Latino Immigrant Workers, and Title VII
by Leticia M. Saucedo
When Is a Change Going to Come: Separate and Unequal Treatment in Health Care Fifty Years after the Title VI of the Civil Rights Act of 1964
by Ruqaiijah Yearby
Article
Making the Grade: The U.S. TIP Report & the Fight against Domestic Child Sex Trafficking
by Cheryl Nelson Butler
Comments
After Kiobel: An Essential Step to Displacing the Presumption against Extraterritoriality
by Bryan M. Clegg
America, Land of the Free and Home of the Bullies: An Argument for Workplace Bullying Laws in Professional Sports
by Cathryn Copeland Wood
Volume 67, Issue 1
Articles
Unteachable: Shelby County, Canonical Apostasies, and a Way Forward for the Voting Rights Act
by Kareem Crayton and Terry Smith
Will the Income-Based Repayment Program Enable Law Schools to Continue to Provide Harvard-Style Legal Education
by Gregory Scott Crespi
Empiricism, Experimentalism, and Conditional Theory
by Victoria Frances Nourse and Gregory C. Shaffer
Case Notes
Patent Law – System Claim Patent-Eligibility after Accenture Global Services, GmbH v. Guidewire Software, Inc.
by Samuel Bragg
Immigration Law – Ninth Circuit Decision Allow for Aliens to Be Penalized for Exercising Their Right to Appeal
by Kelli Gavin
The Fourth Amendment-Are Mobile Phones Now Governmental Tracking Devices?
by James M. Lucas
Qualified Immunity and Privacy-The Fifth Circuit Finds that Students Have no Clearly Established Right to Confidentiality in their Sexual Orientation
by Michael Sheetz
Volume 66 (2013)
Volume 66, Annual Texas Survey
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
Volume 66, Issue 4
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
Volume 66, Issue 3
Preface
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
Formalism and Antiformalism in Patent Law Adjudication–Precedent and Policy
by David O. Taylor
Volume 66, Issue 2
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
Volume 66, Issue 1
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
Volume 65 (2012)
Volume 65, Issue 4
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
Volume 65, Issue 3
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
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
Volume 65, Annual Texas Survey
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
Volume 65, Issue 1
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
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
Volume 64 (2011)
Volume 64, Issue 4
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
Volume 64, Issue 3
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
Volume 64, Issue 2
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
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
Volume 64, Annual Texas Survey
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
Volume 63 (2010)
Volume 63, Issue 4
Essay
Articles
The ILC and the Reconstruction of U.S. Banking
by Mehrsa Baradaran
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
Volume 63, Issue 3
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
Volume 63, Annual Texas Survey
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
Volume 63, Issue 1
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
To view all articles prior to 2010, please visit the full SMU Law Review archives.