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. 80, No. 4, March

Do Racial Preferences Cause Rather Than Remedy the Black Academic-Performance Gap?
Do Racial Preferences Cause Rather Than Remedy the Black Academic-Performance Gap? LOSING THE RACE: SELF-SABOTAGE IN BLACK AMERICA. By John H. McWhorter.^ New York: The Free Press, 2000. Pp. xv, 285. $24.00.^^ Our nation was born in glory, founded on...
Losing the [Understanding of the Importance of] Race, Evaluating the Significance of Race and the Utility of Reparations
Professor John H. McWhorter inhabits a strange world. Professor McWhorter, one of the leading linguistics scholars in this country, first came to national prominence in the Ebonics debate of the late 1990s. He argued the controversial-but understandable1-position...
Our Supermajoritarian Constitution
Articles I. Introduction For many years now, constitutional scholars have been developing theories of the Constitution. These theories generally make both descriptive and normative claims. Descriptively, the theories argue that the Constitution promotes...
"Sorry! What the Regulation Really Means Is.": Administrative Agencies' Ability to Alter an Existing Regulatory Landscape through Reinterpretation of Rules
Few legal terms of art are as well utilized in politics, criminal justice, and civil jurisprudence as "rule of law." At its most elemental, the term acknowledges that men are not above the law and consequentially requires the subordination of political...
Thinking outside the Little Boxes: A Response to Professor Schlunk
Herwig Schlunk, in his article, "Little Boxes: Can Optimal Commodity Tax Methodology Save the Debt-Equity Distinction,"' addresses a problem that I think is key to much tax policymaking. The problem, which goes well beyond the debt-equity distinction,...