The dynamic faculty of Texas Tech University School of Law continually writes books, articles, and other scholarly materials on a wide range of law-related issues. This collection showcases the scholarly publications written by Tech Law faculty members.


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Soumissions récentes

  • Just Like Pulling Teeth: How Dental Education’s Crisis Shows the Way Forward for Law Schools 

    Chiappinelli, Eric A. (Seton Hall Law Review, 2017)
    Nearly all observers of the current law school crisis treat legal education as a unique discipline. In their view, legal education as a whole and individual law schools have nothing to learn from outsiders that would be ...
  • Abandon Chevron and Modernize Stare Decisis for the Administrative State 

    Murphy, Richard W. (Alabama Law Review, 2017)
    Critics including Justices Gorsuch and Thomas have recently condemned the Chevron doctrine, which requires courts to defer to an agency’s reasonable construction of a statute that it administers, for undermining separation ...
  • Fast & Furious: The Misregulation Of Driverless Cars 

    Pearl, Tracy Hresko (N.Y.U. Annual Survey of American Law, 2017)
    Discusses what types of laws should be in place to both further the development and use of driverless cars while providing appropriate legal consequences when things go wrong and there are accidents. Lawmakers who wish to ...
  • Indigenizing Equality 

    Pearl, M. Alexander; Velte, Kyle (Yale Law & Policy Review, 2017)
    The authors discuss one of three ways that marriage equality could become the rule of law in all Indian Tribes just as it has in the United States; (1) through imposition by Congress, (2) through a federal court mandate, ...
  • The Wisdom Of Universal DNA Collection: A Reply To Professor Meghan J. Ryan 

    Loewy, Arnold H. (SMU Science and Technology Law Review, 2017)
    Professor Loewy replies to a commentary written by Professor Meghan J. Ryan in response to the universal collection of DNA. This article’s response addresses several concerns including; of the costs of a universal DNA ...
  • Planning For Incapacity: Helping Clients Prepare For Potential Future Health Crises 

    James, Vaughn E. (Estate Planning and Community Property Law Journal, 2017)
    All people need to plan financially for incapacity. As individuals plan, they will turn to their lawyers-or estate planners and personal financial planners-to help them. This article examines various ways in which these ...
  • Advising Presidents: Private Advice vs. Public Advocacy 

    Casto, William R. (Ohio Northern University Law Review, 2017)
    The focus of this article is on the advisory relationship between General Robert H. Jackson and President Franklin D. Roosevelt. The author was able to examine a wealth of primary materials and gain a focus on the advisory ...
  • Franklin Roosevelt And The Forgotten History Of The Earned Income Tax Credit 

    Camp, Bryan T. (Green Bag 2d, 2017)
    On line 27 of Franklin Roosevelt’s 1934 tax return, he claimed an “Earned income credit” of $1,400. The author was curious about it and discovered a bit of lost history about the never-ending battle between labor and ...
  • The Copyright Box Model 

    Black, Stephen T. (Seattle University Law Review, 2017)
    Discusses the costs and infrastructure associated with developing a world-class ecosystem to attract outside business that is ready and willing to invest research and development (“R&D”) dollars in foreign jurisdictions. ...
  • Wills & Trusts 2017 

    Beyer, Gerry (SMU Annual Texas Survey, 2017)
    This article discusses judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters during the Survey period of December 1, 2015 through November 30, ...
  • Using The Terms Integrative And Distributive Bargaining In The Classroom: Time For Change? 

    Batra, Rishi (Journal of Dispute Resolution, 2017)
    One of the opportunities afforded by the recent "Tower of Babel" symposium was the chance to step back and ask fundamental questions about the structure of negotiation, and how it is taught. The integrative / distributive ...
  • Improving The Uniform Partition Of Heirs Property Act 

    Batra, Rishi (George Mason Law Review, 2017)
    Many times family land is owned among many related individuals a condition known as “heirs property.” This can be a problem when someone wants to sell their portion of the property. This person can legally force a sale of ...
  • A Confused Sea: Vicarious Liability For Punitive Damages Under Maritime Law 

    Watts, John L. (Tulane Law Review, 2017)
    This Article discusses the current circuit split regarding the vicarious imposition of punitive damages in maritime law and explains why the United States Supreme Court or Congress should adopt the more expansive rule ...
  • Punishing Violence Against Women: Seeking The Right Balance 

    Loewy, Arnold H. (Texas Tech Law Review, 2016)
    For much of our history, violence against women has not been taken seriously enough. This is particularly so when the victim is the perpetrator’s wife or girlfriend. Occasionally, however, such perpetrators have been ...
  • Paying-To-Play In Chapter 11 

    Henry, Sally McDonald (Journal of Business & Securities Law, 2017)
    Secured creditors should pay-to-play in Chapter 11. In short, if secured creditors choose to liquidate their collateral in Chapter 11, they must pay all administrative expenses unless the estate has other available assets ...
  • Chapter 11 Zombies 

    Henry, Sally McDonald (Indiana Law Review, 2017)
    Discusses how Chapter 11 bankruptcy is threatened by a corporate zombie apocalypse, where the courts will be haunted by the remains of Chapter 11 zombies that are neither dead nor alive. These are the increasing number of ...
  • The Abiding Importance Of Procrastination In Grading Law-School Final Examinations 

    Casto, William R. (Green Bag 2d, 2017)
    A short explanation as to why it is statistically better to put off grading student’s final exams. The author includes quotes from Einstein and John Maynard Keynes as well as an explanation from the author’s father on the ...
  • 2016 The Year In Review: Estate Planning And Probate Law 

    Beyer, Gerry W. (Texas Bar Journal, 2017)
    A brief update on topics that were explored by Texas courts during 2016. The review covers the major lessons to be learned from the decisions rendered in probate cases during the latter part of 2015 and 2016. Starting ...
  • Wills & Trusts SMU Annual Texas Survey 2016 

    Beyer, Gerry W. (SMU Annual Texas Survey, 2016)
    This article discusses legislative and judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters during the Survey period of November 1, 2014 ...
  • The VW Diesel Emissions Scandal and the Spanish Class Action 

    Weninger, Robert A. (Columbia Journal of European Law, 2016)
    So many countries have adopted class action systems in the past few decades that it can be fairly said that group litigation procedures are now being globalized. A persistent question is whether these new class action ...

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