Texas Review of Law & Politics

Texas Review of Law & Politics is a magazine focusing on Law

Articles from Vol. 11, No. 2, Spring

American Exceptionalism: Some Thoughts on Sanchez-Llamas V. Oregon
I. INTRODUCTIONFrom a law enforcement standpoint, Sanchez-Llamas v. Oregon is significant.2 Assuming, without deciding,3 that the Vienna Convention on Consular Relations4 confers judicially enforceable individual rights,5 the Supreme Court held that...
Article 106 of the United Nations Charter
I. INTRODUCTIONMuch has been and will be debated and written about the prospects for reform of the United Nations. The debate and attendant proposals focus on many aspects of the administration and function of the U.N., but they may also extend to fundamental...
Judicializing Federative Power
I. INTRODUCTIONThe intellectual origins of federative power account for the beguiling nature of, and approach to, that subject in American constitutional law and history. Federative power is Locke's description of the state's authority concerning "war...
Judicial Review of Special Interest Spending: The General Welfare Clause and the Fiduciary Law of the Founders
I. INTRODUCTIONIn the 2006 elections, Democrats broke twelve years of congressional Republican rule, taking control of both houses of Congress.1 The Democrats' victory may have been attributable in part to public dissatisfaction with special interest...
Patriot 2005-2007: Truth, Controversy, and Consequences
I. INTRODUCTION For a number of years this nation was immersed in a PatriotAct1 frenzy driven by conservative and liberal politicians, the media, and special interest groups. The frenzy was characterized by sound bites and headlines intended to have...
Preface
In this space last fall, I argued that for Republicans to regain their position as the majority party, it would be necessary to look once again to those core principles that define conservatism. One of those core principles is limited government, a principle...
State Constitutional Rights of Self-Defense and Defense of Property
I. INTRODUCTION"[D]efending life and liberty" and "protecting property," twenty-one state constitutions expressly tell us, are constitutional rights, generally "inalienable" though in some constitutions merely "inherent" or "natural" and God-given. Yet...
The 2006 Federalist Society National Lawyers Convention on "Limited Government"
Professional Responsibility: ABA AccreditationStandards for Law SchoolsPANELISTS:DOUGLAS W. KMIEC, MODERATORTHOMAS D. MORGANJOHN S. BAKER JR.SAUL LEVMOREJOHN A. SEBERTLAW SCHOOL ACCREDITATION: RESPONSIBLE REGULATION OR BARRIER TO ENTRY?Good afternoon,...
Treaty Rights and Remedies: The Virtues of a Clear Statement Rule
I. INTRODUCTION"Treaty law covers every imaginable subject."1 This is hardly surprising given the rapid pace and increasing scope of globalization. While it is certainly true that globalization in one form or another has long been at work in world affairs,2...
Unofficial Official Comments
I. INTRODUCTION"[C]ourts take to the comments like ducks to water."1 In fact, other than precedent directly on point, "courts are more influenced by the Official Comments than by any other thing."2 But despite the great weight courts have given the Official...