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. 84, No. 5, April

ERISA Preemption and MCO Liability: The Court's Search in Aetna Health Inc. V. Davila for Congress's Elusive Intent*
Health care in America is a topic that provokes a considerable amount of debate and distress in political, legal, and business circles. Many commentators have pointed to the troubled state of American health care, and it is rare to read a major newspaper...
Seeing beyond the Limits of International Law
Seeing Beyond the Limits of International Law THE LIMITS OF INTERNATIONAL LAW, Jack L. Goldsmith[dagger] & Eric A. Posner.[double dagger] Oxford: Oxford University Press, 2005. Pp. 226. $29.95.If the 1990s were for many a time of optimism about the...
The Commerce Power and Criminal Punishment: Presumption of Constitutionality or Presumption of Innocence?
The Constitution requires that the facts that expose an individual to criminal punishment be proved to a jury beyond a reasonable doubt. In recent years, the Supreme Court has taken pains to ensure that legislatures cannot evade the requirements of proof...
The Court against the Courts: Hostility to Litigation as an Organizing Theme in the Rehnquist Court's Jurisprudence
Previous commentators on the Rehnquist Court's history, seeking an overarching explanation for the Court's cases, have focused their attention primarily on a revitalized "federalism," an agenda-driven "conservatism," and a constitutionally fixated "judicial...
Unflagging Television Piracy: How Piracy of Japanese Television Programming in East Asia Portends Failure for a U.S. Broadcast Flag*
It may be that "combating piracy" is not the only way to promote a flourishing entertainment world.1While the battle against music and film piracy has played out sensationally in the media-punctuated by lawsuits against individual pirates and the shutdown...
"Who Shall Interpret the Constitution?"
"Who Shall Interpret the Constitution?" CONGRESS AND THE CONSTITUTION. Neal Devins[dagger] and Keith E. Whittington,[double dagger] eds. Durham: Duke University Press, 2005. Pp. vi, 320. $23.95."Who Shall Interpret the Constitution" is a question the...