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On Liberty and the Fourteenth Amendment: The Original Understanding of...
Steven G. Calabresi & Sofia M. Vickery 93 Texas L. Rev. 1299 The Supreme Court has taken the position that the Fourteenth Amendment protects rights that are deeply rooted in this country’s history...
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Defining Death: Getting It Wrong for All the Right Reasons
Robert D. Truog 93 Texas L. Rev. 1885 The “dead donor rule” (DDR) is an implicit rule that controls the procurement of organs by, for instance, forbidding physicians from harvesting vital organs from...
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Science Disputes in Abortion Law
John A. Robertson 93 Texas L. Rev. 1849 Professor Robertson examines several representative disputes in abortion law that require courts to decide the constitutionality of abortion restrictions based...
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Constructing Evidence and Educating Juries: The Case for Modular,...
Jennifer L. Mnookin 93 Texas L. Rev. 1811 Psychological testimony on the actual importance of certain kinds of evidence, such as eyewitness testimony and confession, has grown in the past few decades....
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Science and Policy in Setting National Ambient Air Quality Standards:...
Thomas O. McGarity 93 Texas L. Rev. 1783 Professor McGarity examines the Environmental Protection Agency’s (EPA’s) ozone “rulemakings” in order to better understand the interaction of science and...
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Serviceable Truths: Science for Action in Law and Policy
Sheila Jasanoff 93 Texas L. Rev. 1723 A discussion of the appropriate relationship between science and the law often devolves into discussing how scientific knowledge may be better transmitted into...
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Rethinking Judicial Review of Expert Agencies
Elizabeth Fisher, Pasky Pascual & Wendy Wagner 93 Texas L. Rev. 1681 When generalist courts review agency decisions, they are often faced with the problem of needing to provide judicial oversight...
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Criminal Law’s Science Lag: How Criminal Justice Meets Changed Scientific...
Jennifer E. Laurin 93 Texas L. Rev. 1751 Many people have been convicted of crimes based upon science that was completely discredited after their conviction. Professor Laurin dubs the time between such...
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Where Law and Science (and Religion?) Meet
David L. Faigman 93 Texas L. Rev. 1659 The law is a great borrower, taking as it sees fit findings from science and values and insights of religion. It does so, however, exclusively for reasons...
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The “Right to Try” Investigational Drugs: Science and Stories in the Access...
Rebecca Dresser 93 Texas L. Rev. 1631 Right-to-try laws grant terminally ill patients the right to try investigational drugs. States began enacting these laws in 2014. Professor Dresser analyzes the...
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