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. 76, No. 5, April

A Lawyer's Tribute to Judge Will Garwood
Tex Lezar* An outstanding judge's movement from active to senior status is always a bittersweet occasion. On the one hand, it marks an end to an era; on the other, it provides an opportunity to recognize and celebrate at least some of those qualities...
A Note about a Colleague
Patrick E. Higginbotham* Judge Garwood has been a valued colleague for more than sixteen years, and I continue to see him as an outstanding judge by all measures. I cannot in a few pages defend this judgment. However, with two cases I can point the reader...
Challenging Selective Enforcement of Traffic Regulations after the Disharmonic Convergence: Whren V. United States, United States V. Armstrong, and the Evolution of Police Discretion
Challenging Selective Enforcement of Traffic Regulations After the Disharmonic Convergence: Whren v. United States, United States v. Armstrong, and the Evolution of Police Discretion^ I. Introduction Once upon a time, being black and behind the wheel...
Dissonant Disability Policies: The Tensions between the Americans with Disabilities Act and Federal Disability Benefit Programs
Matthew Diller* I. Introduction Americans have contradictory attitudes toward individuals with disabilities. We respond to disability with a mixture of pity, admiration, paternalism, fear, bigotry, and stigmatization.1 At times, we view people with disabilities...
In Praise of a Modest and Scholarly Colleague
E. Grady Jolly* There are many reasons to admire Will Garwood. In constitutional law, he is renowned, among other reasons, as the judge who found the unfindable in United States v. Lopez.1 In Texas history, he will surely figure prominently as the first...
Justifying Racial Reform
Davison M. Douglas* [African Americans] want what is due them, rather than pity and sympathy. They think that if you have to make people look bad or broken up before you can get the country to give them what they should have by right, then that's the...
One Leg to Stand On: The Treaty Power and Congressional Authority for the Endangered Species Act after United States V. Lopez
One Leg to Stand On: The Treaty Power and Congressional Authority for the Endangered Species Act After United States v. Lopez^ "I have a question for you," said a young associate at a law firm where I clerked during the summer of 1996. "Can you explain...
Public Service as a Calling
ARCHIBALD COX: CONSCIENCE OF A NATION. By Ken Gormley. Reading, Mass.: Addison-Wesley, 1997. Pp. xxii, 585. $30.00^^ Reviewed by Louis Fisher* From forebears to offspring, the life of Archibald Cox epitomizes service to one's country. Over a half century...
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