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  • The Texas Bank Lawyer (archives)

    The Texas Bank Lawyer (access to this collection is restricted to the TTU community. Login with eRaider to access publication archives)

Recent Submissions

  • Preparing for (and Defending Against) a Cyberattack on the Energy Sector 

    Sutton, Vickie; Sutton, Victoria (Rocky Mountain Mineral Law Foundation Special Institute, 2021)
    Law firms have an affirmative duty to provide cybersecurity for their own information as well as client information. Ethics complaints to ceasing the law firm can result from hacking and data breaches. Legal ethics explicitly ...
  • Anatomy of a Conspiracy Theory: Law, Politics, and Science Denialism in the Era of COVID-19 

    Sherwin, Brie D. (Texas A&M Law Review, 2021)
    With COVID-19, we are facing the most serious public health threat of our lifetime. Now, more than ever, we need experts and sound scientific advice to guide critical decision-making during the pandemic. With conspiracy ...
  • Due Process and Judicial Review of Government Kill Lists 

    Murphy, Richard W. (Loyola Law Review, 2021)
    Proposes a procedural experiment that would enable courts to review placements on kill lists while protecting the national security and separation-of-powers concerns that motivate the state-secrets privilege and the political ...
  • The DIY Unitary Executive 

    Murphy, Richard W. (Arizona Law Review, 2021)
    Explores a simple argument for preserving a measure of formal agency decisional independence in the event that the Supreme Court, as Seila Law LLC v. Consumer Financial Protection Bureau seems to portend, adopts an unalloyed, ...
  • UnFoxing Judicial Review of Agency Policy Reversals or "We Were Told to Like the New Policy Better" Is Not a Good Reason to Change 

    Murphy, Richard W. (University of Richmond Law Review, 2020)
    Looks at agency changes in policy based on presidential influence in light of the Fox case. Part I of this Article provides context for the debate over the Fox power by tracing the evolution of leading efforts over the ...
  • The Strange Case of Timothy Hennis: How Should It Be Resolved 

    Loewy, Arnold H. (Texas Tech Law Review, 2020)
    Examines the trials of Timothy Hennis, accused of the murder of Kathryn Eastburn and two of her daughters. After two trials, Timothy Hennis was acquitted of the murders. Hennis went on to have a successful military career ...
  • Stop Before It Starts: Regulating Employee Microchipping in the COVID-19 Era 

    Gonzalez, Jarod S. (Mississippi Law Journal, 2020)
    The focus is on regulating employee microchipping. The important points of this article are as follows. First, the law must prohibit employee microchipping as a condition of employment, penalizing any employee for refusing ...
  • Error Correction Mechanisms for Transactional Script Smart Contracts 

    Christopher, Catherine Martin (University of Kansas Law Review, 2021)
    Explores the implications of transactional scripts used in situations where there is less than total trust between the parties. In particular, this Article asks the question of how parties to these next generation transactional ...
  • Robert Jackson’s Critique of Trump v. Hawaii 

    Casto, William R. (St. John’s Law Review, 2020)
    Examines the case, Trump v. Hawaii in light of Justice Jackson’s view that a Court would go along with a President’s purposeful discrimination against a minority religion. This brief essay explains Trump using Jackson’s ...
  • Foundational and Contemporary Court Confidentiality 

    Benham, Dustin B. (Missouri Law Review, 2021)
    Examines the integrated confidentiality system that now pervades American dispute resolution. This Article first considers the structure and impact of court confidentiality. Much of the current system is driven by inertia, ...
  • The Intersectionality of Law Librarianship & Gender 

    Baker, Jamie J. (Villanova Law Review, 2020)
    Like the legal writing community who has brought this issue to the forefront, it is important for law librarians to be fully included in the discussion surrounding statusXgender is the legal academy. This Article attempts ...
  • Viewing the "Same Case or Controversy" of Supplemental Jurisdiction Through the Lens of the "Common Nucleus of Operative Fact" of Pendent Jurisdiction 

    McFarland, Douglas D. (Texas Tech Law Review, 2012)
    This Article plumbs the meaning and scope of same case or controversy under Article III in § 1367(a) by examining its lineal ancestor: pendent jurisdiction. It examines the major cases defining pendent jurisdiction. It ...
  • Oil and Gas Leases and Pooling: A Look Back and A Peek Ahead 

    Kramer, Bruce M. (Texas Tech Law Review, 2012)
    Provides some historical background on the development and use of the leasehold pooling clause; review interpretational issues that have impacted the clause; review the court-imposed standards of conduct on a lessee's ...
  • Are Twombly & Iqbal Affecting Where Plaintiffs File? A Study Comparing Removal Rates by State 

    Curry, Jill; Ward, Matthew (Texas Tech Law Review, 2012)
    Examines the impact, if any, of the Supreme Court's decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal on civil litigation in the United States federal courts. Predicted that heightened pleading standards ...
  • Federal Taxation 

    Elliot, William D. (Texas Tech Law Review, 2012)
    During the review period, the Fifth Circuit decided five cases involving federal taxation that were selected as worthy of review and comment. Cases in the review period not selected involved whether someone was a responsible ...
  • Evidence Law 

    Howell, Richard A.; Beck, Mallory A. (Texas Tech Law Review, 2012)
    During the period of this survey, July 2011 to June 2012, attorneys adapted to new developments in federal civil procedure law. First, on December 1, 2011, amendments to the Federal Rules of Evidence became effective. ...
  • Environmental Law 

    Billings-Ray, Kellie E.; Neal, Megan Maddox; Smith, Mary E. (Texas Tech Law Review, 2012)
    Survey provides a brief overview of important environmental law decisions of the United States Court of Appeals for the Fifth Circuit that occurred within the survey period, July 2011 through June 2012.
  • Employment Law 

    Schaner, Dean J.; Harper III, A. John (Texas Tech Law Review, 2012)
    Analyzes recent Fifth Circuit Court of Appeals' labor and employment law opinions from July 1, 2011, through June 30, 2012. During this period, the appeals court addressed, in large part, a host of discrimination, sexual ...
  • Criminal Procedure 

    Mateja, William B.; Starkus III, Albert A. (Texas Tech Law Review, 2012)
    Summarizes both reported and unreported Fifth Circuit cases that addressed significant criminal procedural issues during the survey period of July 1, 2011, to June 30, 2012. For convenience of the reader, the cases are ...
  • Commercial Litigation 

    Coale, David S. (Texas Tech Law Review, 2012)
    Surveys the published opinions of the U.S. Court of Appeals for the Fifth Circuit in the area of commercial litigation during the survey period. The court was particularly active in the area of arbitration, as well as ...

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