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. 6, 2013

Can Insurgent Courts Be Legitimate within International Humanitarian Law?*
I. IntroductionOver the past few decades, several armed groups involved in noninternational armed conflicts (NIACs) have set up courts and conducted trials.1 These trials have ranged from prosecutions of individuals for war crimes to civil trials concerning...
Changing the Litigation Game: An Ex Ante Perspective on Contractualized Procedures
I. IntroductionThe practice of parties agreeing on the procedures that will govern the resolution of their dispute is an inherent characteristic of various private mechanisms for dispute resolution, such as arbitration and mediation. In these processes,...
Coercion, Compulsion, and the Medicaid Expansion: A Study in the Doctrine of Unconstitutional Conditions
IntroductionThe Supreme Court's feverishly anticipated decision in National Federation of Independent Business v. Sebelius1 ("the Health Care Decision" or "NFIB") regarding the constitutionality of the Patient Protection and Affordable Care Act (colloquially...
Constitutional Adjudication, Free Expression, and the Fashionable Art of Corporation Bashing
Constitutional Adjudication, Free Expression, and the Fashionable Art of Corporation Bashing BRANDISHING THE FIRST AMENDMENT: COMMERCIAL EXPRESSION IN AMERICA. By Tamara R. Piety. Ann Arbor, Michigan: University of Michigan Press, 2012. 342 pages. $70.00.I....
Copyright's Cultural Turn
Copyright's Cultural Turn CONFIGURING THE NETWORKED SELF: LAW, CODE, AND THE PLAY OF EVERYDAY PRACTICE. By Julie E. Cohen. New Haven, Connecticut: Yale University Press, 2012. 352 pages. $55.00.IntroductionHow ironic that the scholarship on the area...
Deference Lotteries
When should courts defer to agency interpretations of statutes, and what measure of deference should agencies receive? Administrative law recognizes two main deference doctrines-the generous Chevron standard and the stingier Skidmore standard-but Supreme...
No Mere "Matter of Choice": The Harm of Accent Preferences and English-Only Rules*
IntroductionNative-born members of democracies-perhaps driven by fears of economic and cultural usurpation-have long resented and felt threatened by immigrants.1 Even the United States, a country famously built by immigrants, has a history of hostility...
Purposive Hopes for Better IP
Purposive Hopes for Better IP CREATION WITHOUT RESTRAINT: PROMOTING LIBERTY AND RIVALRY IN INNOVATION. By Christina Bohannan & Herbert Hovenkamp. New York, New York: Oxford University Press, 2012. 440 pages. $45.00.In Creation Without Restraint,1...
Taking Hearers Seriously
Taking Hearers Seriously BRANDISHING THE FIRST AMENDMENT: COMMERCIAL EXPRESSION IN AMERICA. By Tamara R. Piety. Ann Arbor, Michigan: University of Michigan Press, 2012. 342 pages. $70.00.Introduction1Once upon a time, vigorous Supreme Court enforcement...
Voluntary Incentive Auctions and the Benefits of Full Relinquishment*
I. IntroductionIn February 2012, Congress passed the Middle Class Tax Relief and Job Creation Act, authorizing the Federal Communications Commission (FCC) to use voluntary incentive auctions to repurpose electromagnetic spectrum.1 These auctions give...