Texas Tech School of Law Journals

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12 U.S.C. Section 1821(d)(13)(B) Does Not Give The FDIC The Right To Assert D'Oench, Duhme Defenses For The First Time On Appeal: Larsen v. FDIC. 835 S.W.2d 66 (Tex. 1992)
(Texas Tech Law Review, 1993) Bowles, Jason
Discusses an application of the D'Oench, Duhme defenses and other procedural norms in Larsen v. FDIC, 835 S.W.2d 66 (Tex. 1992). Also discusses other available strategies to assert such defenses post-judgment in a Texas forum. This article also discusses the common law D’Oench, Duhme rule of estoppel, which bars enforcement of an unwritten agreement between a borrower and a financial institution when the agreement is asserted by the borrower against the federal regulator.
The 1970 Clean Air Amendments: Federalism In Action Or Inaction?
(Texas Tech Law Review, 1974) Kramer, Bruce M.
Observes the monumental changes the 1970 amendments made to environmental law. The author praises the dual system of enforcement and variance approval. Moreover, the author believes that a federal presence limits leniency in regulating clean air practices. In fact, the federal government taking control over clean air policies is in response to state and local government failure to ”clean up air.”
The 1975 Amendments to the Texas Business Corporation Act and the Texas Securities Act
(Texas Tech Law Review, 1975) Bateman, Hal M.; Dawson, William B.
Discusses the main amendments to the securities act which include exemptions from registration, rule-making authority for the Texas Securities Board, clarifications of sec 334 of the Act, and a remedy to receivership in certain cases brought by the attorney general. The author believes the 1975 amendments appear to have resolved a number of problems in this area of the law. However, the author foresees future problems that might arise once the amendments are put into practice.
1985 Revisions to Texas Property Code, Chapter 41
(Texas Tech Law Review, 1986)
Provides commentary for title 41 of the Texas Property Code. The commentary starts by providing a brief history and reasoning behind homestead rights and continues with commentary related to applicability and application of several sections of the code.
The 1991 Ethics Reform Legislation - Background
(Texas Tech Law Review, 1992) Bresnen, Steven; Gagen, Joseph; Baccarisse, Louis; Rathgeber, Julia; Reynolds, Carl; Lundquist, Karen; Shivers, Shari
Discusses various background aspects of the 1991 ethics reform legislation. There is an introduction to why ethics reform was needed, a discussion of the Texas Ethics Commission, the Lobby Reform Act of 1991, campaign finance, penal code provisions, personal financial disclosure and conflict-of-interest provisions. Each section was written by a different individual and provides a different point of view and information.
2(B) or Not 2(B)? Whether the Negative Implication of § 502(B) Requires Disallowance of Contractual Post-Petition Attorneys’ Fees in Bankruptcy (And Why There Should Be a New Majority Approach)
(Texas Tech Business & Bankruptcy Law Journal, 2015) Miller, Ronald
This comment discusses the nonuniformity in the application of 502(b) to post-petition attorneys’ fees in bankruptcy. The comment analyzes the Supreme Court decision in Travelers, which avoided resolving the issue of whether post-petition fees are disallowed by the negative implication of § 506(b). The comment further analyzes the Texas majority view in In re Seda France that disallows attorneys’ fees. Finally, the comment explains the growing minority view that post-petition fees are allowable.
2011 Review of Income Taxation
(Texas Tech Law Review, 2011) Elliott, William D.
The July 1, 2010 to June 30, 2011 review period for the Fifth Circuit produced four cases concerning federal income taxation.
2014 Oil & Gas Law Update
(Texas Tech Law Review, 2014) Kulander, Christopher
This Article surveys oil and gas case law in the calendar year of 2014. Examines significant cases and presiding law in various districts and federal courts throughout the state of Texas.
2015 Federal Taxation
(Texas Tech Law Review, 2014) Elliott, William D.
The Fifth Circuit Federal Taxation reporting period was July 1, 2013, to June 30, 2014. During this period, the Fifth Circuit considered more cases involving federal taxation than it has in many prior years, but only seven cases were of interest for purposes of this Survey.
42 U.S.C. 1983 and Social Worker Immunity: A Cause of Action Denied
(1995) Gifford, Eric P.
This article explores the limitations of legal recourse available to individuals claiming harm due to social worker actions under the Civil Rights Act. The article critically examines the application of qualified immunity for social workers in the context of 42 U.S.C. § 1983, highlighting the challenges plaintiffs face in proving constitutional violations. Through a review of relevant case law, the author discusses the implications of this immunity on accountability and the protection of civil rights in social services. The analysis raises concerns about the potential for abuses of power and the erosion of public trust in social welfare systems. Ultimately, the article advocates for a reassessment of immunity standards to better balance the protection of social workers with the rights of individuals they serve.
A Conclusion in Search of a History to Support It
(Texas Tech Law Review Journal, 2010) Morgan Cloud
In this essay, I address the issue of originalism's legitimacy as an interpretive theory by addressing two specific issues. First, I use essays written by two prominent originalists to demonstrate that Justice Scalia, by any measure the most important proponent of this theory, is not himself an originalist. This conclusion alone does not necessarily discredit the theory, but it supplies strong evidence of originalism's true nature as a tool for winning arguments. Second, I compare the historical arguments employed by Justice Souter in a recent search and seizure opinion with Professor Davies' detailed critique challenging the validity of the Court's historical analysis in that case. This critique attempts to demonstrate that originalism generally does not and cannot solve answer-specific, twenty-first century problems arising under ambiguous eighteenth century texts. It argues that originalism's deficiencies are not linked to a particular ideology. In the Fourth Amendment context, for example, its use by those advocating greater government authority and by those favoring greater restrictions on that power is flawed for the same reasons. Both sides in that debate continue to deploy it-not because originalism leads to historical truth, but in the hopes that it will help them prevail in constitutional disputes.
A People Distinct from Others: Race and Identity in Federal Indian Law and the Hispanic Classifications in OMB Directive No. 15
(1994) Toro, Luis Angel
This article explores the intersections of race, identity, and federal Indian law, focusing on the implications of OMB Directive No. 15 regarding Hispanic classifications. It examines how these classifications affect the recognition and rights of Indigenous populations in the United States. Through a critical analysis of legal frameworks, the article highlights the complexities of identity and the impact of racial categorization on marginalized communities. The author argues that federal policies often fail to adequately address the unique status and needs of Native Americans and Hispanic individuals. Ultimately, the piece calls for a reevaluation of existing classifications to promote a more nuanced understanding of race and identity in federal law.
Abandonment of the Surface Destruction Test in Determining Ownership of Unnamed Minerals
(Texas Tech Law Review, 1984) Davis, Richard D., Jr.
In Moser v. United States Steel Corp., the Texas Supreme Court abandoned the surface destruction test for determining the inclusion on unnamed minerals in the severed mineral estate. The Court instead adopted the “ordinary and natural meaning test” and found that uranium was a mineral within the ordinary and natural meaning of the word. Thus, a severance of a mineral interest that included “oil, gas, and other minerals” would include uranium.
The Ability to Exercise Will Is an Element of Mental Capacity
(Texas Tech Law Review, 1975) Hall, Eileen
Analyzes the issue of whether depression counts for lack of mental capacity and if this mental capacity means that a person has a decreased volitional will. The author introduces the court’s new mental capacity instruction that is formulated to include elements of understanding and ability to control conduct. The traditional test was limited, but the new test contains volitional incompetents in the definition of mental capacity.
Absent a Congressional Directive, the Priority of Private Liens and Consensual Liens Arising from Certain Government Lending Programs is to be Determined Under Nondiscriminatory State Laws
(Texas Tech Law Review, 1980) Barnard, Brian
Examines the decision in United States v. Kimbell Foods, Inc., which the author believes it is quite fair. The Court guaranteed protection for private creditors without imposing any new requirements on the federal government. The Court recognized that "’[t]he United States does business on business terms’ and that it does not deserve special status outside of the tax area.” However, the author foresees several problems in the future of this area of law.
Absent Creditor Reliance, A Limited Partner Who Is a Director of the Corporate General Partner Is Not Personally Liable for Partnership Obligations
(Texas Tech Law Review, 1975) Greenhaw, David
Discusses the increase in use of limited partnerships with corporate general partner. This increase is due in part because of the advantages associated with such an arrangement. The author proves this by listing pros and cons of the limited partnership.
Abuse Under Chapter 7 of the Bankruptcy Code: A Rational Approach to Weighing Ability to Pay
(Texas Tech Business & Bankruptcy Law Journal, 2014) Landry, Robert J. III
This article discusses the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) and the creation of the statutory means test to address the perceived abuses in consumer bankruptcy. It summarizes the highly litigated issues surrounding the weight and role of ability to pay under § 707(b)(3). Finally, the article concludes that courts should adopt the Ninth Circuit BAP approach to advance the plain language of the Code and purpose of BAPCPA.
Abusive Relationships and Violent Responses: The Reorientation of Self-Defense in Australia
(Texas Tech Law Review, 2009) Colvin, Eric
The present Article is in three main parts. Part I discusses the difficulties in accommodating violent responses to battering within a traditional scheme of defenses, which is constructed around the distinction between justifications and excuses and designates self-defense as a justification. Part II analyzes recent developments in the law of self-defense in Australia. Self-defense in much of Australia has been effectively reoriented away from the model of a defense of justification. Part III offers some reflections on the significance of this reorientation for theories of exculpatory defenses, which are based on the distinction between justifications and excuses.
Acceleration and Foreclosure on Texas Real Estate
(Texas Tech Law Review, 1983) Baggett, W. Mike
A revised version of the author’s presentation at the Texas Tech University School of Law’s Fifth Annual Banking Law Institute. This study of Texas real estate law presents an examination of both the protections afforded to debtors and the requirements of the creditor in enforcing his rights of acceleration and foreclosure in Texas. It is hoped that this canvass of a complex and evolving area of law will also serve a practical purpose of keeping practitioners abreast as to the elaborate provisions with which they must comply.
Access Denied: Why the Supreme Court's Decision in Shelby County v. Holder May Disenfranchise Texas Minority Voters
(Texas Tech Law Review, 2013) Rolong, Angelica
Aims to address SB 14's faults, and the more important issue of the need for judicial or executive oversight for potential statutory electoral changes. Part II of this Comment introduces a historical perspective of the events that led to the VRA's enactment. Part III introduces § 5 of the Voting Rights Act, the requirements of § 5, and the other sections in the statute relevant to this issue. Part IV considers SB 14, its path through the Department of Justice and the United States District Court for the District of Columbia, and its eventual enactment. Part V traces the history of the VRA's various reauthorizations and a judicial history of § 5, including the Court's historical affirmation of the measure's constitutionality.

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