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Does “Public Use” Mean the Same Thing It Did Last Year?
Mark A. Lemley 93 Texas L. Rev. 1119 The America Invents Act (AIA) brought significant change to America’s patent system by moving from a “first to invent” to a “first to file” system. Some...
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The Fragmentation of Standing
Richard H. Fallon, Jr. 93 Texas L. Rev. 1061 The application of the doctrine of standing has become less and less predictable since the Supreme Court’s adoption of a tripartite test for standing in the...
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Theorizing Disability Discrimination in Civil Commitment
David D. Doak 93 Texas L. Rev. 1589 The decision to involuntarily commit a person to a mental health facility has weighty consequences for that person’s life, including consequences after release from...
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Agency for International Development v. Alliance for Open Society...
Nicholas Bruno 93 Texas L. Rev. 1569 In 2003, Congress created the Leadership Act, which allowed federal funding to be given to NGOs in order to battle HIV/AIDS. This act contained a requirement that...
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No
Adrian Vermeule 93 Texas L. Rev. 1547 Professor Vermeule seeks to answer the question Professor Hamburger posited in his book title: Is Administrative Law Unlawful?
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The Return of the King: The Unsavory Origins of Administrative Law
Gary Lawson 93 Texas L. Rev. 1521 Professor Lawson reviews Professor Hamburger’s book on the legality of administrative law.
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Lost Ground: Catholic Schools, the Future of Urban School Reform, and...
Michael Heise 93 Texas L. Rev. 1499 Professor Heise reviews Professors Brinig and Garnett’s book on the effects of losing Catholic schools on communities.
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Resistance Songs: Mobilizing the Law and Politics of Community
Anthony V. Alfieri 93 Texas L. Rev. 1459 Professor Alfieri reviews Professor VanderVelde’s book on slaves’ suits for freedom.
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Sovereign and State: A Democratic Theory of Sovereign Immunity
Corey Brettschneider & David McNamee 93 Texas L. Rev. 1229 The doctrine of sovereign immunity is riddled with different interpretations and criticisms, ranging from monarchical defenses to populist...
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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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