Recent Submissions

  • Guest Post: Native American Exclusion as a Form of Paper Genocide 

    Sutton, Victoria (Law School Survey of Student Engagement, 2020)
    Discusses a problem in research in which researchers do not collect information specifically about Native Americans. The author states, “To avoid paper genocide, researchers have an obligation to be purposeful in their ...
  • Native Americans and Discriminatory Administration with Facially Neutral Rules 

    Sutton, Victoria (Yale Journal on Regulation, 2020)
    Examines a series of cases where administrative regulations on the face appear to be neutral but in practice are discriminatory. The focus of this blog post is on Native American cases exemplifying this practice.
  • Asynchronous, E-Learning In Legal Education: A Comparative Study With the Traditional Classroom 

    Sutton, Victoria (Syracuse Law Review, 2020)
    There is a lack of information on how online learning compares with the traditional class experience. Prof. Sutton decided to try to begin to fill the gap of empirical knowledge on e-learning in law schools and to formally ...
  • Six Fresh Ideas for a Class Day That Is Looking Stale 

    Soonpaa, Nancy (The Second Draft, 2020)
    Provides six recipes for "class shakes," each grounded in learning theory, wellness practices, and the like. These ideas will help the legal writing instructor to re-energize their class and devise new methods for teaching ...
  • Texas Mental Health Legislative Reform: Significant Achievements With More to Come 

    Shannon, Brian D. (Texas Tech Law Review Online Edition, 2020)
    This Article will discuss recent legislative and judicial initiatives, as well as focus on next steps. In particular, Section II of this Article will analyze several key legislative enactments intended to address some of ...
  • It’s “Executive Power,” Not “Executivish Power” 

    Murphy, Richard (The Journal of Things We Like (Lots), 2020)
    Prof. Murphy discuss how these two articles by Prof. Julian Davis Mortenson briefly explains executive power, what it entails, and what limits the writers of the Constitution may have had in mind. Overall, Prof. Murphy ...
  • Normalizing Struggle 

    Christpher, Catherine Martin (Arkansas Law Review, 2020)
    This Article examines and criticizes the ways legal academia treats law students’ academic struggle as a problem and suggests that legal educators reorient their attitudes toward struggle by forgiving and embracing student ...
  • Developing ALLStAR with Community Participation 

    Baker, Jamie J. (AALL Spectrum, 2020)
    Discusses the challenges, successes, and future of the new library research survey instrument (ALLStAR) and its dependence on law library community support. ALLStAR is a database of law library statistics. The ALLStAR ...
  • Federal Taxation 

    Phelan, Marilyn (Texas Tech Law Review, 1988)
    Examines the Fifth Circuit’s contemporary federal taxation cases, in which the court largely reaffirmed its own precedent and followed the majority of other circuits on these issues. One exception involves the case of ...
  • Federal Income Taxation 

    Phelan, Marilyn E. (Texas Tech Law Review, 1986)
    Survey of all the cases decided by the Fifth Circuit during the survey period involving federal taxation issues. Topics include the abandonment of property as a sale or exchange, limits on the lessor’s depreciation deduction, ...
  • Environmental Law 

    Skillern, Frank F. (Texas Tech Law Library, 1985)
    Analyzes environmental law cases decided by the Fifth Circuit during the survey period. The issues include the application and interpretation of several environmental law statutes, including the National Historic Preservation ...
  • Criminal Law and Procedure 

    Bubany, Charles P. (Texas Tech Law Review, 1985)
    Analyzes criminal cases decided by the Fifth Circuit during the survey period. Topics include the decision to charge, pretrial matters, guilty pleas, the right to counsel, trial rights, evidence, substantive law, and ...
  • On the Edge: The ADA's Direct Threat Defense and the Objective Reasonableness Standard 

    Gonzalez, Jarods S. (Marquette Law Review, 2019)
    One of the most important issues under the Americans with Disabilities Act (ADA) is the appropriate standard for evaluating Title I employment disability discrimination cases where the employer argues that the employee has ...
  • Cyberdamages 

    Black, Stephen T. (Santa Clara High Technology Law Journal, 2020)
    Theft of personal property is easy to consider, but theft of information poses unique problems. Courts and legislatures dealing with victims of data breaches grapple with whether the victim has been harmed – in a manner ...
  • The Continuing Battle with the Performing Rights Societies: The Per Se Rule, the Rule of Reason Standard, and Copyright Misuse 

    Phelan, Marilyn E. (Texas Tech Law Review, 1984)
    Analyzes the case law relating to price fixing and other issues relating to the use of the blanket license. Specifically, tying arrangements and copyright misuse, in an attempt to demonstrate that use of the blanket license ...
  • Leadership Recs 

    Baker, Jamie J.; Sanborne, David; Nejdl, Clanitra Stewart; Young, Eric (AALL Spectrum, 2020)
    A collection of responses from four law library leaders answering the question, “What book would you recommend or wish you had read before taking on a leadership role?” Each author provides a brief recommendation of a book ...
  • A Smarter Way to Make Early and Mid-Career Decisions 

    Drake, Alyson M.; Runge, Franklin L.; Williams, Austin Martin (AALL Spectrum, 2020)
    Provides guidance on some of the factors early and mid-career law librarians should consider when exploring their professional options. This articles encourages law librarians to set priorities, talk to mentors and peers, ...
  • Constitutional Confessions: In Favor of a “Loewy Plus” Approach 

    Pearl, Tracy Hresko (Texas Tech Law Review, 2019)
    Commentators have asked me to reflect on Professor Loewy's writings about confessions in the American criminal justice system. While I am a fan of Professor Loewy's work and agree with virtually everything he has written ...
  • The Changing Landscape of the Texas Citizens Participation Act 

    Prather, Laura Lee; Sherwin, Robert T. (Texas Tech Law Review Online, 2019)
    Courts, scholars, and free speech advocates have dubbed meritless lawsuits targeting the legitimate exercise of the rights to engage in truthful speech, lawful petitioning, and legal association as “Strategic Lawsuits ...
  • Shaping Legal Data Analytics 

    Stouffer, Christine M.; Baker, Jamie J. (AALL Spectrum, 2019)
    Responses from two directors of law libraries (one university and one corporate) to the question, “How are you preparing legal information professionals to incorporate data analytics into their research work product? Are ...

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