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. 3, 2013

Arbitration under Siege: Reforming Consumer and Employment Arbitration and Class Actions*
IntroductionAccording to her congressional testimony, when Jamie Leigh Jones arrived in Baghdad to work for Halliburton, she was housed in a barracks with four hundred male coworkers1 and was almost immediately sexually harassed.2 When she complained...
Independence and Accountability in State Judicial Selection
Independence and Accountability in State Judicial Selection THE PEOPLE'S COURTS: PURSUING JUDICIAL INDEPENDENCE IN AMERICA. By Jed Handelsman Shugerman. Cambridge, Massachussets: Harvard University Press, 2012. 400 pages. $35.00.Although in designing...
More Flies with Honey: Encouraging Formal Channel Remittances to Combat Money Laundering*
"An effective [anti-money laundering] program requires sound risk management," a point which I wholeheartedly agree with, but we must also be cautious that in our pursuit of A&L compliance, we do not use such a heavy hand that we end up pushing currently...
Statutes in Common Law Courts
The Supreme Court teaches that federal courts, unlike their counterparts in the states, are not general common law courts. Nevertheless, a perennial point of contention among federal law scholars is whether and how a court's common law powers affect...
The New General Common Law of Severability
The doctrine of "severability" permits a court to excise the unconstitutional portion of a partially unconstitutional statute in order to preserve the operation of any uncontested or valid remainder. Severability figures centrally in a broad array of...
The Relative Concept of Judicial Independence
The Relative Concept of Judicial Independence THE PEOPLE'S COURTS: PURSUING JUDICIAL INDEPENDENCE IN AMERICA. By Jed Handelsman Shugerman. Cambridge, Massachusetts: Harvard University Press, 2012. 400 pages. $35.00.IntroductionShould judicial offices...
The Unrecognized Triumph of Historical Jurisprudence
The Unrecognized Triumph of Historical Jurisprudence LAW'S HISTORY: AMERICAN LEGAL THOUGHT AND THE TRANSATLANTIC TURN TO HISTORY. By David M. Rabban. New York, New York: Cambridge University Press, 2013. 564 pages. $85.00.Historical jurisprudence has...
When History Mattered
When History Mattered LAW'S HISTORY: AMERICAN LEGAL THOUGHT AND THE TRANSATLANTIC TURN TO HISTORY. By David M. Rabban. New York, New York: Cambridge University Press, 2013. 564 pages. $85.00.David Rabban's Law's History: American Legal Thought and the...