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. 5, 2013

Jury Unanimity and the Problem with Specificity: Trying to Understand What Jurors Must Agree about by Examining the Problem of Prosecuting Child Molesters*
IntroductionDebates about jury unanimity in criminal trials currently focus on whether the requirement should be applied to states through the Due Process Clause of the Fourteenth Amendment.1 Although the answer to this has been "no" ever since the Supreme...
Making Sense of the Marriage Debate
Making Sense of the Marriage Debate FROM THE CLOSET TO THE ALTAR: COURTS, BACKLASH, AND THE STRUGGLE FOR SAME-SEX MARRIAGE. By Michael J. Klarman. New York, New York: Oxford University Press, 2013. 276 pages. $27.95.When are courts justified in trumping...
Pursuing Academic Freedom after Garcetti V. Ceballos*
In 1915, the American Association of University Professors' (AAUP) Declaration of Principles sought to usher in an as yet undeveloped notion of academic freedom in the United States.1 Drawing on the traditional notion of Lehrfreiheit, the AAUP proposed...
Remapping the Path Forward: Toward a Systemic View of Forensic Science Reform and Oversight
The 2009 Report of the National Academy of Sciences (NAS) on the state of forensic science in the American criminal justice system has fundamentally altered the landscape for scientific evidence in the criminal process, and is now setting the terms for...
Stirring the Melting Pot: A Recipe for Immigrant Acceptance
Stirring the Melting Pot: A Recipe for Immigrant Acceptance THE IMMIGRATION CRUCIBLE: TRANSFORMING RACE, NATION, AND THE LIMITS OF THE LAW. By Philip Kretsedemas. New York, New York: Columbia University Press, 2012. 232 pages. $28.00.The interstate highway...
The Limits of Antitrust Scholarship
The Limits of Antitrust Scholarship THE GLOBAL LIMITS OF COMPETITION LAW. Edited by Ioannis Lianos & D. Daniel Sokol. Stanford University Press, 2012. 288 pages. $50.00.About thirty years ago, Professor Frank Easterbrook published his seminal article,...
The Wires Go to War: The U.S. Experiment with Government Ownership of the Telephone System during World War I
One of the most distinctive characteristics of the U.S. telephone system is that it has always been privately owned, in stark contrast to the pattern of government ownership followed by virtually every other nation. What is not widely known is how close...
Unsettling the Settled: Challenging the Great and Not-So-Great Compromises in the Constitution
Unsettling the Settled: Challenging the Great and Not-So-Great Compromises in the Constitution FRAMED: AMERICA'S 51 CONSTITUTIONS AND THE CRISIS OF GOVERNANCE. By Sanford Levinson. New York, New York: Oxford University Press, 2012. 448 pages. $29.95.Sandy...
U-Turns on the One-Way Street: Public Rights and Representation Theory in Patent Validity Litigation*
IntroductionBlonder-Tongue1 is a rough "one-way street" for a patent owner.2 If the patent owner loses a judgment on validity just one time, his patent becomes invalid against the world.3 Conversely, if he wins, absentee infringers can challenge the...
What Do We Talk about When We Talk about the Constitution?
AMERICA'S UNWRITTEN CONSTITUTION: THE PRECEDENTS AND PRINCIPLES WE LIVE BY. By Akhil Reed Amar. New York, New York: Basic Books, 2012. 615 pages. $29.99.FRAMED: AMERICA'S 51 CONSTITUTIONS AND THE CRISIS OF GOVERNANCE. By Sanford Levinson. New York, New...