Texas Review of Law & Politics

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

Articles from Vol. 4, No. 1, Fall

Antitrust Analysis in High-Tech Industries: A 19th Century Discipline Addresses 21st Century Problems
One of the most interesting sets of issues facing policy makers today concerns the appropriate application of the antitrust laws to high-tech industries. Most would agree that balanced antitrust enforcement-- challenges to monopoly, cartels and practices...
Antitrust Enforcement in the Information Age
I strongly support the antitrust laws and believe that the general principles established by our antitrust laws are of great and abiding importance toward ordering a competitive economy. One of the most important developments of modern times is globalization--the...
Antitrust in the Global Technology Era: Will the System Crash?
The free market is supposed to work as follows. Independent firms offer interchangeable products and services to purchasers and consumers. In the struggle to win customers and in the pursuit of profit, as consumers exercise the ability to choose among...
Antitrust's Continuing Relevance in the 21st Century
It is important to approach this subject with care, for two reasons. First, although many important industries are hightech, many are not. So when we think about antitrust policy, we have to think about whether and how much we want to change it in response,...
Balancing Our Civil Liberties with Our National Security Interests in Cyberspace
America enjoys a juridical separation between our law enforcement and our national security establishments that has historically protected our civil liberties while giving us the ability to effectively respond to what we perceive to be national security...
Crime in the Computer Age: The Law Enforcement Perspective
Computer crime is a result of new technologies that are bringing increasing benefits to personal communications, financial transactions, medical care, and many other areas. These same new technologies are often used to threaten the safety of each of...
Cyberspace versus Property Law?
The prospect of applying the ordinary law of intellectual property-which many associate with the technology of Johannes Gutenberg-to twenty-first century innovations bothers many people. Why be tied to the past? Why not achieve a new and better future...
Evolving Patent Law in the New Age of Biomedical Science
The United States Constitution gives us a clear purpose for the patent system: to promote the progress of science.1 We live in an unprecedented age of medical science, which is extremely fortunate. With the discovery of new pathogenic viruses, such as...
Free Trade and National Security
Think back to a challenge that existed in the 1920s when the Soviet Union first came into existence after the Bolshevik Revolution. Winston Churchill had to participate in a decisionmaking process about whether to approve a proposed loan by Britain to...
Genetic Privacy
INTRODUCTION We have witnessed in this decade a veritable explosion in both our understanding of genetics and our exposure to genetic information.1 From Dolly the cloned sheep2 to DNA testing in criminal and paternity cases3-including the recent foray...
Genetic Privacy: There Ought to Be a Law
If you don't believe in privacy, you probably don't believe in genetic privacy. I believe in privacy, including the constitutional right of privacy. But my interest is not to persuade you to believe in privacy, but rather to expose the major issues involved...
Patent Law's Impact on Invention and Innovation
I am a small-time inventor and innovator who has several patents.1 I wish to give you my viewpoint, as an inventor, of the value of the U.S. patent system. Misconceptions are common about where important inventions come from and about the actual processes...
Privacy and Confidentiality in the Age of Genetic Engineering
This session might be better entitled Privacy and Confidentiality in the Age of Genetic Engineering. The omission of the word "confidentiality" reflects the trend, at least in popular usage, to blur the distinction between two concepts that have very...
Regulating Technology for Law Enforcement
I will introduce this topic by talking about the policy issues that have arisen in the area of technology and law enforcement and what they will be over the next few years. There are two or three issues that have come to public attention that are creating...
Regulation's Impact on Pro-Competitive Policies
The irony is not lost on me that when James Madison and others drafted the Constitution 210 years ago, it was in part to create a weak central government, precisely because of the efforts of the British government to impose, at times, monopolies on the...
The Challenges of Biology for Law
Our topic is the problems our society and, indeed, our species must grapple with because of the rapid advance of the biological sciences. As lawyers, we are by no means uniquely qualified, or perhaps even adequately qualified, to address the complex...
The Ends of Second Amendment Jurisprudence: Firearms Disabilities and Domestic Violence Restraining Orders
A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. The Second Amendment I. INTRODUCTION Divorce can be an extraordinarily painful and unsettling experience....
The Nature of Man According to the Supreme Court
INTRODUCTION America has carried out one of the most successful and longlived experiments in self government and human freedom in history. Much of its success is attributable to the fortunate circumstance that our Framers acted upon principles supporting...
The Power of the Federal Government in the Electronic Age
There is a solid consensus in the scientific, business, and privacy communities that strong encryption is vital for the continued growth of electronic commerce. Without strong encryption, online commerce will leave users far too vulnerable to thieves,...
Whither the Family and Family Privacy?
I. INTRODUCTION Whither the notion of family privacy? That the question can be taken seriously is probably sufficient evidence that family privacy is in jeopardy. Somehow, its appeal and our appreciation of it seem to be at cross-purposes. Thus, while...
Why Treating Genetic Information Separately Is a Bad Idea
Let us assume for a minute that genetic information is unique. Ought we to regulate it separately and protect it separately from other medical information? I think the answer is, no. It is impossible to do so for two practical reasons. First, it is impossible...
Why We Should Ban the Cloning of Human Beings
"To clone or not to clone a human being" is no longer a fanciful question. Success in cloning first sheep, then cows, and most recently, great success in cloning mice makes it perfectly clear that a fateful decision is now at hand: should we welcome...