Texas Law Review

Edited and published by the students at the University of Texas School of Law, the Texas Law Review is a leading publication of legal scholarship. Texas Law Review contains articles by professors, judges, and practitioners, in addition to reviews, essays, commentaries, and student notes.

Articles from Vol. 81, No. 6, May

Adrift in the Harbor: Ambiguous-Amphibious Controversies and Seamen's Access to Workers' Compensation Benefits[dagger]
Despite the best (or worst) efforts of the Supreme Court, maritime workers tend to find their way into state workers' compensation. To the untrained eye, this is unlikely to raise any suspicions, but anyone with any familiarity with admiralty law realizes...
Federal Bankruptcy Law and State Sovereign Immunity
Although state governments are major players in the bankruptcy proceedings of private debtors,1 they have received relatively little attention in bankruptcy scholarship. Scholars of bankruptcy policy tend to view state governments-if they consider them...
Is the Sky Falling on the Federal Government? State Sovereign Immunity, the Section Five Power, and the Federal Balance
NARROWING THE NATION'S POWER: THE SUPREME COURT SIDES WITH THE STATES. By John T. Noonan, Jr.[dagger] Berkeley: The University of California Press, 2002. Pp. ix, 203. $24.95.[double dagger]Judge John T. Noonan, Jr. is worried about America. The Supreme...
The Congressional Competition to Control Delegated Power
I. IntroductionWhen passing legislation, Congress routinely delegates considerable discretionary authority to administrative agencies. To control its grant of power, Congress relies primarily on two instruments: statutory language limiting agency discretion...
The New International Law in an Old Age of Indeterminacy
THE SHIELD OF ACHILLES: WAR, PEACE, AND THE COURSE OF HISTORY. BY Philip Bobbitt.* New York: Alfred A. Knopf, 2002. Pp. xxxiii, 919. $40.[dagger]This is an audacious book. The subtitle tells the tale, for Philip Bobbitt has crafted a conspectus of modern...
The Silent Treatment: Perpetual In-School Suspension and the Education Rights of Students[dagger]
When we are asked, "What have you done for America's children?" we should be prepared to respond not with dollar figures or excuses but with pride: . . . . We made sure that every child learned.1I. IntroductionMaria2 is an eighth-grader who has spent...
Thinking outside the "Black Box": Tailored Enforcement in Environmental Criminal Law[dagger]
I. IntroductionA longstanding debate in environmental law centers around the best way to achieve corporate compliance with the many complicated provisions of environmental statutes and regulations. Effective enforcement of environmental laws against...