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. 2, 2012

Assembly Resurrected
Assembly Resurrected LIBERTY'S REFUGE: THE FORGOTTEN FREEDOM OF ASSEMBLY. By John D. Inazu. New Haven, Connecticut: Yale University Press, 2012. 288 pages. $55.00.After a long period triggered by 9/11 and the Bush Administration's response to it, when...
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Blowing the Whistle on Civil Rights: Analyzing the False Claims Act as an Alternative Enforcement Method for Civil Rights Laws*
Traditional antidiscrimination laws do not effectively deter or remedy civil rights violations by local governments and related entities. The federal government lacks the resources to litigate more than a limited number of large discrimination cases...
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Exchanging Information without Intellectual Property
Contracting over information is notoriously difficult. Nearly fifty years ago, Kenneth Arrow articulated a "fundamental paradox" that arises when two parties try to exchange information. To complete such a transaction, the buyer of information must be...
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Henry Friendly: As Brilliant as Expected but Less Predictable
Henry Friendly: As Brilliant as Expected but Less Predictable HENRY FRIENDLY: GREATEST JUDGE OF HIS ERA. By David M. Dorsen. Cambridge, Massachusetts: Harvard University Press, 2012. 512 pages. $35.00.We are fortunate that David Dorsen is Henry Friendly's...
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Henry Friendly: The Judge, the Man, the Book
Henry Friendly: The Judge, the Man, the Book HENRY FRIENDLY: GREATEST JUDGE OF HIS ERA. By David M. Dorsen. Cambridge, Massachusetts: Harvard University Press, 2012. 512 pages. $35.00.Reviewed by Mary Coombs*For those of us who neither live in the rarefied...
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On Becoming a Great Judge: The Life of Henry J. Friendly
On Becoming a Great Judge: The Life of Henry J. Friendly HENRY FRIENDLY: GREATEST JUDGE OF HIS ERA. By David M. Dorsen. Cambridge, Massachusetts: Harvard University Press, 2012. 512 pages. $35.00.Reviewed by Frederick T. Davis*In writing a biography...
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Recovering the Assembly Clause
Recovering the Assembly Clause LIBERTY'S REFUGE: THE FORGOTTEN FREEDOM OF ASSEMBLY. By John D. Inazu. New Haven, Connecticut: Yale University Press, 2012. 288 pages. $55.00.IntroductionI recall driving to work one day several years ago and listening...
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Setting Examples, Not Settling: Toward a New SEC Enforcement Paradigm*
I. IntroductionImagine a world where the only punishment for breaking the law is the payment of a negotiated fine. Imagine further that after paying this fine, you do not even have to admit to being guilty of the crime, no matter how staggering the evidence...
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Solving the Patent Settlement Puzzle
Courts and commentators are sharply divided about how to assess "reverse payment" patent settlements under antitrust law. The essential problem is that a PTO-issued patent provides only a probabilistic indication that courts would hold that the patent...
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What Is the Essential Fourth Amendment?
What Is the Essential Fourth Amendment? MORE ESSENTIAL THAN EVER: THE FOURTH AMENDMENT IN THE TWENTY FIRST CENTURY. By Stephen J. Schulhofer. New York, New York: Oxford University Press, 2012. 216 pages. $21.95.I. IntroductionTo the average American,...
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