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. 88, No. 3, February

Don't Mess with Houston, Texas: The Clean Air Act and State/Local Preemption*
I. IntroductionIf a city determines that the state is not doing enough to regulate air pollution, what steps may the city take to ensure that its citizens breathe clean air? This is the central question in BCCA Appeal Group v. City of Houston} a case...
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Fiduciary Administration: Rethinking Popular Representation in Agency Rulemaking
Do administrative agencies undermine popular sovereignty when they make federal law? Over the last several decades, some scholars have argued that rulemaking by unelected agency officials imperils popular sovereignty and that federal law should resolve...
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Principles for Patent Remedies
Once a joint domain of inertia and arcana, questions about remedies for patent infringement now generate heated public debate. A recent Supreme Court decision has spawned conflicting answers from courts and commentators about when courts should issue...
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Rollover, Rollover: A Behavioral Law and Economics Analysis of the Payday-Loan Industry*
On February 26, 2009, two different, but financially related, deals commenced. Somewhere in America, Jamie Johnson, a young married mother of two, walked into a payday-loan store in her neighborhood to get a cash advance on next week's paycheck, thinking...
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