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. 89, No. 4, 2011

I'm a Laycockian! (for the Most Part)
I'm a Laycockian! (for the most part) RELIGIOUS LIBERTY, VOLUME ONE: OVERVIEWS & HISTORY. By Douglas Laycock. Wm. B. Eerdmans Publishing Co., 2010. 888 pages. $35.00.You know you've made it, scholarly-wise speaking, when a major publishing house...
Lawyering Religious Liberty
Lawyering Religious Liberty RELIGIOUS LIBERTY, VOLUME ONE: OVERVIEWS & HISTORY. By Douglas Laycock. Wm. B. Eerdmans Publishing Co., 2010. 888 pages. $35.00.Douglas Laycock has been the preeminent lawyer-scholar of religious freedom over the last...
Laycock's Legacy
Laycock's Legacy RELIGIOUS LIBERTY, VOLUME ONE: OVERVIEWS & HISTORY. By Douglas Laycock. Wm. B. Eerdmans Publishing Co., 2010. 888 pages. $35.00.Douglas Laycock is a towering figure in the law of religious liberty. He has been a path-breaking scholar,...
Quality Care for Queer Nursing Home Residents: The Prospect of Reforming the Nursing Home Reform Act*
I. IntroductionThe U.S. population is steadily aging: while currently comprising only 12% of the population, adults over the age of sixty-five will likely grow to comprise one-fifth of the populace in the next twenty-five years.1 In about forty years,...
Reviews of a Lifetime
Reviews of a Lifetime RELIGIOUS LIBERTY, VOLUME ONE: OVERVIEWS & HISTORY. By Douglas Laycock. Wm. B. Eerdmans Publishing Co., 2010. 888 pages. $35.00.Thomas Berg, Steven Smith, and Jay Wexler have offered reviews that are at once extraordinarily...
The Consensus Constitution
An ascendant view within constitutional law contends that the Supreme Court almost inevitably interprets the Constitution in a manner that reflects the "consensus" beliefs of the American public. Given that many of the Constitution's key provisions contain...
The Signaling Function of Religious Speech in Domestic Counterterrorism
A wave of attempted domestic terrorism attacks in 2009 and 2010 has sharpened attention to the threat of domestic-source terrorism inspired or directed by al Qaeda. Seeking to preempt that terror, governments face an information problem. They must separate...
Two Problems with the Value of Participation in Democratic Theory and Copyright*
I. IntroductionAmong the theories used both to justify and to change substantive copyright doctrine is democratic theory. Democratic theorists seek to use copyright to bring society, individuals, or both closer to some articulated ideal, such as a well-functioning...
Why the Enforcement Agencies' Recent Efforts Will Not Encourage Ex Ante Licensing Negotiations in Standard-Setting Organizations*
I. IntroductionFairtrade-certified coffee,1 an elevator's alarm button,2 a teddy bear's button nose,3 the supersonic Concorde4-all of these products incorporate standards: "set[s] of characteristics or quantities that describe[] features of a product,...