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. 4, 2013

Applying State Contingency Fee Caps in Multidistrict Litigation (MDL) Settlements*
I. IntroductionAn attorney signs a retainer agreement to represent a Connecticut resident allegedly harmed by taking a new prescription drug manufactured by a New York drug company. The attorney will charge a 40% contingency fee according to the agreement....
Dream On: The Obama Administration's Nonenforcement of Immigration Laws, the DREAM Act, and the Take Care Clause
I. IntroductionAs a candidate in the 2008 presidential election race, Barack Obama vigorously denounced the Bush Administration for what he argued were extreme and indefensible assertions of executive power.1 As President, however, he has frequently...
In the Interests of Avoiding Further Federal "Quackery"
In the Interests of Avoiding Further Federal "Quackery" CORPORATE GOVERNANCE AFTER THE FINANCIAL CRISIS. By Stephen M. Bainbridge. New York, New York: Oxford University Press, 2012. 283 pages. $65.00.IntroductionProfessor Stephen M. Bainbridge's Corporate...
Legal Realism Untamed
IntroductionLaw is not only about hard cases. There are easy ones as well, and understanding law requires awareness not only of litigated and then appealed disputes, but also the routine application of legal rules and doctrine.1 Upon leaving the courthouse...
Property Taxes and Community Land Trusts: A Middle Ground*
When Robert Swann first articulated his new approach to land ownership in 1972, he described a system wherein the user owns any buildings or improvements he places on the land, but leases the land itself from a nonprofit entity. Swann and his associates...
Shleifer's Failure
Shleifer's Failure THE FAILURE OF JUDGES AND THE RISE OF REGULATORS. By Andrei Shleifer. Cambridge, Massachusetts: MIT Press, 2012. 352 pages. $40.00.I. IntroductionAndrei Shleifer is undoubtedly among the world's most important economists. By standard...
Sublime Myths: An Essay in Honor of the Shareholder Value Myth and the Tooth Fairy
Sublime Myths: An Essay in Honor of the Shareholder Value Myth and the Tooth Fairy THE SHAREHOLDER VALUE MYTH: HOW PUTTING SHAREHOLDERS FIRST HARMS INVESTORS, CORPORATIONS, AND THE PUBLIC. By Lynn Stout. San Francisco, California: Berrett-Koehler Publishers,...
Targeted Killings from Many Perspectives
Targeted Killings from Many Perspectives TARGETED KILLINGS: LAW AND MORALITY IN AN ASYMMETRICAL WORLD. Edited by Claire Finkelstein, Jens David Ohlin & Andrew Altman. Oxford, United Kingdom: Oxford University Press, 2012. 496 pages. $190.00.This...
Time out of Joint
Time Out of Joint WAR TIME: AN IDEA, ITS HISTORY, ITS CONSEQUENCES. By Mary L. Dudziak. New York, New York: Oxford University Press, 2012. 221 pages. $24.95.The eminent legal historian Mary L. Dudziak has written a book on the meaning of time in war....