Recent Submissions

  • The Sisyphean Task of Interpreting Mineral Deeds and Leases: An Encyclopedia of Canons of Construction 

    Kramer, Bruce M. (Texas Tech Law Review, 1993)
    Focuses on mineral conveyances and the canons of construction for deeds in Texas. Canons of construction can be useful in assisting a court in making "good sense" of inartful drafting. Hence, good drafting can resolve many ...
  • The Reach For Repose: Have the Texas Courts Gone Awry? 

    Shannon, Brian D. (Texas Tech Law Review, 1993)
    Examines the Texas statute of repose relating to persons who construct or repair improvements to real property in the context of both the decided cases and with regard to the intentions of the legislature in enacting the ...
  • Securities Law 

    Zanglein, Jayne; Myhra, Alison (Texas Tech Law Review, 1992)
    During the survey period, the Fifth Circuit did not make any significant advances into previously uncharted areas of securities law. This article will not examine every securities case issued during the survey period. ...
  • 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 ...
  • 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 ...
  • Civil Procedure 

    Floyd, Daisy Hurst (Texas Tech Law Review, 1992)
    During this survey period, June 1, 1990 through May 31, 1991, the Fifth Circuit decided a number of cases in which it established new rules or clarified existing law. The decision discussed represent the court’s activity ...
  • Nothing Changes—It All Remains the Same: Modern Capital Punishment (Human Sacrifice by a Different Name) 

    Metze, Patrick S. (Texas Tech Law Review, 2014)
    The idea of ritualized human sacrifice---often public, always moral, and never of the innocent-that guides the article's discussion. Conveys how often in history and throughout the world, the execution of humans has frequently ...
  • Unintentional Killings 

    Loewy, Arnold H. (Texas Tech Law Review, 2014)
    Reviews the concept of criminalizing unintentional homicides. Examines the gamut of unintentional killings and assess the wisdom of various courts' treatment of them.
  • Federal Taxation 

    Phelan, Marilyn E. (Texas Tech Law Review, 1991)
    Reviews the decisions of the fifth circuit involving federal taxation during the survey period. The cases dealt with procedure issues and tax evasion. The author found that the courts decisions were more favorable to ...
  • Federal Taxation 

    Phelan, Marilyn E. (Texas Tech Law Review, 1990)
    Discusses the Fifth Circuit opinions on federal taxation cases for the survey period. The cases involved a variety of tax concepts such as “innocent spouse” and “sham transactions”. It also dealt with some unprecedented issues.

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