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. 83, No. 4, March

Culture War
Over the last ten years, much of copyright and patent has come under attack from those who suggest that capture by private interests has had a pernicious influence on public policy in this field. In the related areas of telecommunication spectrum management...
Disparate Impact Legislation and Abrogation of the States' Sovereign Immunity after Nevada Department of Human Resources V. Hibbs and Tennessee V. Lane*
I. IntroductionTitle VII of the Civil Rights Act of 1964, considered the "centerpiece of federal employment discrimination law,"1 prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin in making employment...
Do Patents Facilitate Financing in the Software Industry?
This Article is the first part of a wide study of the role of intellectual property in the software industry. Unlike previous papers that focus primarily on software patents-which generally are held by firms that are not software firms-this Article provides...
Property, Intellectual Property, and Free Riding/Comment/Reply
Mark A. Lemley*Intellectual property protection in the United States has always been about generating incentives to create. Thomas Jefferson was of the view that "[inventions . . . cannot, in nature, be a subject of property;" for him, the question was...
The Future of Copyright
The Future of Copyright FREE CULTURE: HOW BIG MEDIA USES TECHNOLOGY AND THE LAW TO LOCK DOWN CULTURE AND CONTROL CREATIVITY. By Lawrence Lessig.[dagger] New York: The Penguin Press, 2004. Pp. xvii, 346. $24.95.Somebody once said: "Information wants to...
What Should We Do with the Fire Defense, Late in the Evening?*
In 1851, Congress passed a law, which is still in force . . . .1-Oliver Wendell Holmes, The Common LawI. IntroductionThe 1851 law to which Justice Holmes referred-the Limitation of Shipowners' Liability Act2-is now over 150 years old and it "is still...
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