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. 5, April

Apprendi V. New Jersey: A True "Watershed" Ruling
I. Introduction Late one night in 1998, R.C. asked Jay Grossman to give her a ride home from a bar, which he agreed to do.1 She did not know Grossman, but she was intoxicated and had been left at the bar by her ride.2 R.C. remembered Grossman driving...
No Time for Silence
The "right to remain silent" is on life-support, and its death, should the Court so decree it, will not be quick or painless. This moribund right was enshrined in the Court's most famous criminal procedure case, Miranda v. Arizona,1 when the privilege...
The Price of Discrimination: The Nature of Class Action Employment Discrimination Litigation and Its Effects
I. Introduction The last decade has seen an explosion of employment discrimination class action lawsuits that have been resolved through record breaking settlements. The best known of these cases is the $176 million settlement involving Texaco, one that...
The Rise of the Personal Animosity Presumption in Title VII and the Return to "No Cause" Employment
1. Introduction A prima facie case under McDonnell Douglas raises an inference of discrimination only because we presume these acts, if otherwise unexplained, are more likely than not based on the consideration of impermissible factors.... And we are...