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. 91, No. 1, 2012

Address
This evening I plan to say a few words about four exceptionally fine lawyers with ties to both The University of Texas School of Law and the U.S. Court of Appeals for the Seventh Circuit on which I served from 1970 until 1975. I plan also to make a brief...
Faith and Fidelity: Originalism and the Possibility of Constitutional Redemption
CONSTITUTIONAL REDEMPTION: POLITICAL FAITH IN AN UNJUST WORLD. By Jack M. Balkin. Cambridge, Massachusetts: Harvard University Press, 2011. 304 pages. $35.00.LIVING ORIGINALISM. By Jack M. Balkin. Cambridge, Massachusetts: The Belknap Press of Harvard...
How Do We Redeem the Time?
How Do We Redeem the Time? CONSTITUTIONAL REDEMPTION: POLITICAL FAITH IN AN UNJUST WORLD. By Jack M. Balkin. Cambridge, Massachusetts: Harvard University Press, 2011. 304 pages. $35.00.LIVING ORIGINALISM. By Jack M. Balkin. Cambridge, Massachusetts:...
Luddites No Longer: Adopting the Technology Tutorial at the Supreme Court*
I. IntroductionThe average Supreme Court Justice is appointed to the Court at age fifty-three.1 Modern Justices remain at the Court significantly longer than their ancestors did, retiring at an average age just short of seventy-nine.2 A Justice appointed...
Reconstruction and Resistance
CONSTITUTIONAL REDEMPTION: POLITICAL FAITH IN AN UNJUST WORLD. By Jack M. Balkin. Cambridge, Massachusetts: Harvard University Press, 2011. 304 pages. $35.00.LIVING ORIGINALISM. By Jack M. Balkin. Cambridge, Massachusetts: The Belknap Press of Harvard...
Resolving the Circuit Split on Defense Witness Immunity: How the Prosecutorial Misconduct Test Has Failed Defendants and What the Supreme Court Should Do about It*
I. IntroductionThis Note discusses the near impossibility of obtaining immunity for defense witnesses in federal criminal cases. It provides a statistical overview suggesting that the "prosecutorial misconduct" standard used in ten of the twelve circuits...
Speaking Truth to Firepower: How the First Amendment Destabilizes the Second
When the Supreme Court in District of Columbia v. Heller declared that the Second Amendment protects an individual right to keep and bear arms, it set atop the federal judicial agenda the critical task of elaborating the right's scope, limits, and content....
The Supreme Court's Contemporary Silver Platter Doctrine
In a line of cases beginning with United States v. Calandra, the Court has created a series of exceptions to the Fourth Amendment exclusionary rule that permit illegally seized evidence to be admitted in litigation forums collateral to criminal trials....