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. 77, No. 6, May

Burdening the Least of Us: "Race-Conscious" Ethics in Criminal Defense
Introduction At the risk of sounding like an advocate who is engaged in a "practical vocation of limited jurisprudential respectability,"1 is hostile to theory,2 cares more about outcomes than anything else,3 and otherwise has a "crabbed notion" of criminal...
Comments on the Retirement of Dean Keeton
Comments on the Retirement of Dean Keeton^ The decision of Page Keeton, the greatest dean The University of Texas School of Law has ever had, to retire marks the end of an era. His first retirement was from the deanship in 1974, but he continued to teach...
Dean Page Keeton: A Tribute
We were the lucky one hundred. The section in the first year class assigned to Dean Page Keeton. Thirty-five years ago this Fall, I stepped into his class, ready to study at the foot of a legend. His intellect, his voice, his humor, and his energy were...
In Memoriam: Page Keeton, Torts Scholar
Page Keeton never published an article in the Harvard Law Review or the Yale Law Journal. Most of his work appeared in the Texas Law Review' (the majority at a time when TLR had no claim to national prominence) or in even more modest venues such as the...
Institutions and Laws Again
Essay Institutions and Laws Again It is now several years since Ota Weinberger and I first addressed ourselves to presenting a new "institutional theory of law," starting from within the broad tradition of legal positivism, though each of us from different...
"In the Business" of Fencing: Making Sense of Federal Sentencing Enhancements for Dealers in Stolen Goods
"[W]hat you gotta remember is that the fence is a businessman. He knows all about business. The thief don't know nothin' about it. " I. Introduction The dealer in stolen goods (the fence2) is a person who buys stolen property from thieves and resells...
Making Pets: Social Workers, "Problem Group," and the Role of the SPCA-Getting a Little More Precise about Racialized Narratives
Introduction No one (least of all I) could quarrel with the need to attend to the rhetorical meaning of race in trying cases and representing clients.' We need to understand the role of narrative, especially the racialized variety, so that we may (1)...
Page Keeton: A Great Dean-With a 1999 Postscript
Page Keeton has been so closely identified with The University of Texas School of Law for so long, as student, faculty member, and for twenty-five glorious years as dean, that it is hard to recall there being a time when he was not at Texas. When he...
Romancing Stone
WRITTEN IN STONE: PUBLIC MONUMENTS IN CHANGING SOCIETIES. By Sanford Levinson.^ Durham: Duke University Press, 1998. Pp. xiii, 144. $39.95 (cloth); $ 13.95 (paper).^^ One night seven years ago outside KGB headquarters in Moscow, four cranes moved in,...
Secured Financing in Russia: Risks, Legal Incentives, and Policy Concerns
Secured Financing in Russia: Risks, Legal Incentives, and Policy Concerns^ Introduction Secured financing plays a crucial role in a market economy.' In the context of Russia's nascent and struggling market economy, the importance of secured financing...
The Second Coming of Smyth V. Ames
Come Again? The last time a book on regulatory policy caused this great a stir, "Bork" was a proper noun rather than an impertinent verb.' Deregulatory Takings and the Regulatory Contract: The Competitive Transformation of Network Industries in the United...
Why No Judge Should Be a Dworkinian Coherentist
Introduction Preliminaries Since Ronald Dworkin wrote Hard Cases,' coherence has been a pivotal-perhaps the pivotal-explanatory and justificatory concept in theories of law and adjudication.2 Crudely put, Dworkin's view is that a purported proposition...