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ScHOLAR – Texas Tech School of Law Digital Repository
  • Theory and Practice in Statutory Interpretation 

    Tushnet, Mark (Texas Tech Law Review, 2010)
    This Essay proceeds by examining a recent example of Justice Scalia doing statutory interpretation without theorizing about it. Part III turns to purposive interpretation. Identifies some difficulties with the view that ...
  • The White Fourth Amendment 

    Butler, Paul (Texas Tech Law Review, 2010)
    Reviews how the Fourth Amendment accomplishes its racial project in three parts. First, the jurisprudence rarely mentions race. Next, it grants extraordinary discretion to police and prosecutors. Finally, it constructs the ...
  • The Roberts Court and Criminal Procedure At Age Five 

    Chemerinsky, Erwin (Texas Tech Law Review, 2010)
    On Tuesday, June 29, 2010, the Supreme Court officially concluded its fifth year with John Roberts as Chief Justice, its first year with Justice Sonia Sotomayor, and its thirty-fifth and final year with Justice John Paul ...
  • The Perils and Pitfalls of Practicing Law in a Texas Limited Liability Partnership 

    Miller, Elizabeth S. (Texas Tech Law Review, 2010)
    Statutory provisions applicable to general partnerships (or those applicable to limited partnerships in the case of a limited partnership that has registered as an LLP) continue to apply to a partnership after it registers ...
  • The Majestic and the Mundane: The Two Creation Stories of the Exclusionary Rule 

    Sundby, Scott E.; Ricca, Lucy B. (Texas Tech Law Review, 2010)
    Explores the rhetorical and historical arc of these two competing creation stories. In Part II, we will review the development of the majestic conception of the exclusionary rule from it inception in Boyd on through its ...

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