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CURRENT LOCATION: Publications - Latest Releases and News - SEPTEMBER 2007 THRU AUGUST 2008

September 1, 2007 thru August 31, 2008

What's New at University of Texas School of Law Publications


August, 2008

August 29, 2008
Texas Journal on Civil Liberties and Civil Rights Write On Competition—Friday, September 12 at 5:00 PM

The Texas Journal on Civil Liberties and Civil Rights invites you to participate in its fall 2008 write-on competition.
We are seeking 1Ls and 2Ls with outstanding writing and editing skills and a demonstrated interest in civil liberties
and civil rights.

Membership on the Journal provides students with a valuable opportunity to develop and hone their legal research
and writing skills. In addition, the Journal provides a unique forum for students to gain exposure to the practice of
civil liberties and civil rights law.

This past spring, we hosted a symposium entitled the Roberts Court and the Future of the Fourth Amendment,
featuring panel discussions between judges, litigators, and constitutional scholars from across the country.  We also
hosted a discussion with James Yee, a Muslim Army chaplain falsely accused of espionage while working at
Guantanamo Bay.

This semester we will be hosting a series of brown bag lunches featuring a variety of civil rights practitioners. This
spring we will host a symposium examining the timely issue of election law.

If you are interested in applying for a position on the Journal, please pick up an application at the circulation desk
in the atrium.  The application deadline is Friday, September 12 at 5:00 PM.  

If you have any questions please contact Spencer Wilson or Todd Bellaire at TxJCLCR@law.utexas.edu.


 

 

 

Contents

Developers See Green and Neighbors See Red: A Survey of Incentives and Mandates for the
Development of Alternative Energy and the Unfolding Challenges, 117
Girard P. Miller

Sparking a Spread?: Regulatory Efforts to Stimulate Independent Power in Nigeria, 151
Keith D. Larson

(When) to Build or Not to Build?: The Role of Uncertainty in Nuclear Power Expansion, 174
Lynne Holt, Paul Sotkiewicz, and Sanford Berg

Recent Developments in United States and International Energy Law

Edited by Melissa M. Potapova

Liquefied Natural Gas, Can We Stand the Heat?: Compatibility Issues with Liquefied Natural Gas
in the United States Natural Gas Infrastructure, 220
Jason Melvin

Minority Shareholder Protection in Connection with Transfers of Subsoil Use Rights, 233
Natalya Morozova and Maria Shangina

Note & Comment

Energy From Above and Below: Who Wins When a Wind Farm and Oil & Gas Operations Conflict?, 240
Becky H. Diffin


 

 

 

Articles

Likelihood of Dilution by Blurring: A Circuit Comparison and Empirical Analysis, 385
Keith C. Rawlins

Time-Varying Compulsory License: Facilitating License Negotiations for Efficient Post-Verdict Patent
Infringement, 427
Eric Keller

The Video Game Industry and Video Game Culture Dichotomy: Reconciling Gaming Culture Norms With the
Anti-Circumvention Measures of the DMCA, 453
Corinne L. Miller

Counting the Beans: Unjust Enrichment and the Defendant's Overhead, 483
George C. Roach

State Bar Section News, 593


 

 

Symposium: Harnessing the Power of Information for the Next Generation of Environmental Law

Foreword: Making Sense of Information for Environmental Protection, 1347
Douglas A. Kysar & James Salzman

I. Collection and Construction of Information

Bridging the Data Gap: Balancing the Supply and Demand for Chemical Information, 1365
John S. Applegate

Bottlenecks and Baselines: Tackling Information Deficits in Environmental Regulation, 1409
Bradley C. Karkkainen

Hazardous Air Pollutants, Migrating Hot Spots, and the Prospect of Data-Driven Regulation of Complex
Industrial Complexes, 1445
Thomas O. McGarity

Harnessing the Power of Information Through Community Monitoring: Insights from Social Science, 1493
Christine Overdevest & Brian Mayer

Harnessing the Power of Science in Environmental Law: Why We Should, Why We Don't, and How
We Can, 1527
Mary Jane Angelo

II.Use and Abuse of Information

Harnessing the Power of Information to Protect Our Public Natural Resource Legacy, 1575
Alyson C. Flournoy, Heather Halter & Christina Storz

Scientific and Political Integrity in Environmental Policy, 1601
Holly Doremus

Modeling Climate Change and Its Impacts: Law, Policy, and Science, 1655
Daniel A. Farber

Emerging Science, Adaptive Regulation, and the Problem of Rulemaking Ruts, 1701
Lynn E. Blais & Wendy E. Wagner

Capture, Accountability, and Regulatory Metrics, 1741
Sidney A. Shapiro & Rena Steinzor

III. Access and Dissemination of Information

Information Access—Surveying the Current Legal Landscape of Federal Right-to-Know Laws, 1787
David C. Vladeck

Using Tort Litigation to Enhance Regulatory Policy Making: Evaluating Climate-Change Litigation in Light of
Lessons from Gun-Industry and Clergy-Sexual-Abuse Lawsuits, 1837
Timothy D. Lytton


 

 

July, 2008

 

ARTICLES

When the Bell Can't Be Unrung: Document Leaks and Protective Orders in Mass Tort Litigation, 565
William G. Childs

The Pharmacist's Duty to Warn in Texas Reconsidered Within a National Framework, 607
Alison G. Myhra

An Empirical Study of Amici Curiae in Federal Court: A Fine Balance of Access, Efficiency, and Adversarialism, 669
Linda Sandstrom Simard

NOTES

Wide Scope of Liability for Intentional Tortfeasors: A Doctrinal Rationale Applied to Alien Tort Statute Defendants, 713
Aaron M. Johnson

The Need and Means to Restrict Spectators From Wearing Buttons at Criminal Trials, 733
Scott Kitner

Voices of the Victims: Capital Punishment and A Declaration of Life, 769
William R. Peterson


 

 

 

Articles

Legal Integration of NAFTA Through Supranational Adjudication, 349
Jay Lawrence Westbrook

The Convergence of Renewed Nationalization, Rising Commodities, and "Americanization" in International
Arbitration and the Need for More Rigorous Legal and Procedural Defenses, 359
Kevin T. Jacobs & Matthew G. Paulson

The Choice-of-Law Rules of the European Community Regulation on the Law Applicable to Non-Contractual
Obligations: Simple and Predictable, Consequences-Based, or Neither? 401
Russell J. Weintraub

Food Safety Regulation in the European Union: Toward an Unavoidable Centralization of Regulatory Powers, 429
Emilie H. Leibovitch

Questioning Civilian Immunity, 453
Aaron Xavier Fellmeth

Comment

No Direction Home: Nationalism and Statelessness in the Baltics, 503
Annelies Lottmann

SGS v. Philippines and the Role of ICSID Tribunals in Investor-State Contract Disputes, 523
Matthew Wendlandt


 

 

 

ARTICLES

Taking the Detour Around Defending Protected Activity: How Burlington Northern & Santa Fe Railway Co. v.
White
Unnecessarily Complicates Litigation of Retaliation Claims, 333
Rachel K. Alexander

The Triumph of Equity: Equitable Estoppel in Modern Litigation, 377
T. Leigh Anenson

NOTES

Vacating Arbitration Awards for Mistakes of Fact, 441
Amina Dammann

Reviving Lenity: Prosecutorial Use of the Rule of Lenity as an Alternative to Limitations on Judicial Use, 513
Conrad Hester

Trying to Touch the Untouchables: The Challenges Faced by Texas Plaintiffs Asserting Failure-to-Protect
Suits Against Police Departments, 539
Stefanie T. Scott


 

 

June, 2008

 

Articles

Consumer Over-Indebtedness: A U.S. Perspective, 135
A. Mechele Dickerson

Making Trade Liberalization Work for the Poor: Trade Law and the Informal Economy in Columbia, 161
Kevin J. Fandl

The Solitude of Latin America: The Struggle for Rights South of the Border, 185
Angel R. Oquendo

Upholding Human Rights in the Hemisphere: Casting Down Impunity Through the Inter-American Court of
Human Rights, 243
Morse H. Tan

Clientelism in Argentina: Piqueteros and Relief Payment Plans for the Unemployed—Misunderstanding the Role of
Civil Society, 287
Ramiro Salvochea

Comment

The Result of Disparate Treatment of Third-Country Alien Employees in Multinational Enterprises: A Class
Distinction, 325
Erin Murdock


 

 

 

Articles

The Historical and Legal Norms Governing the Detention of Suspected Terrorists and the Risks Posed by
Recent Efforts to Depart from Them, 223
[full text]
Paul Taylor

Consideration as Contract: A Secular Natural Law of Contracts, 267 [full text]
Nicholas C. Dranias

Three Perversities of Indian Law, 329 [full text]
Jacob T. Levy

Flipping the Act of State Presumption: Protecting America's International Investors from Foreign
Nationalization Programs, 369
[full text]
Frank Walsh


 

The 2007 Federalist Society National Lawyers Convention
Corporations: Is the U.S. Legal Regime Undermining American Competitiveness?

Nondiscrimination or Deregulation: A U.S.-E.U. Comparison, 405 [full text]
Douglas W. Kmiec

The Dangers of "Investor Protection" in Securities Markets, 411 [full text]
Richard A. Epstein

Impediments to Commercial Risk-Taking, 425 [full text]
George J. Terwilliger, III

Overall, Sarbanes-Oxley is Good for U.S. Competitiveness, 433 [full text]
David D. Aufhauser


 

The Federalist Society and the Heritage Foundation
United Nations Convention of the Law of the Sea (UNCLOS): Should Conservatives Support or
Oppose Ratification?

The Controversial Part XI, 443 [full text]
Edwin D. Williamson

UNCLOS Needed for America's Security, 445 [full text]
William D. Baumgartner

All Conservatives Should Oppose UNCLOS, 453 [full text]
Baker Spring

UNCLOS Key to Increasing Navigational Freedom, 459 [full text]
John Norton Moore

U.N.'s Larger Role in UNCLOS Is Bad for American Interests, 469 [full text]
Frank J. Gaffney, Jr.

Book Review

Did the Right Make America a Lawsuit Nation?, 477 [full text]
Theodore H. Frank


 

 

June 23, 2008
Texas Law Review Manual on Usage & Style, 11th edition (2008), available now!

Click here for details.


 

 

 

ASSOCIATION OF AMERICAN LAW SCHOOLS, ANNUAL MEETING
WORKSHOP ON REMEDIES: JUSTICE AND THE BOTTOM LINE

INTRODUCTION

Symposium, Remedies: Justice and the Bottom Line
Introduction to Part Two, 155
David C. Currie, Editor in Chief

REMEDIES AS A FIELD

How Remedies Became a Field: A History, 161
Douglas Laycock

Remedies as a "Capstone" Course, 269
Russell L. Weaver & David F. Partlett

REPARATIONS

At the Heart of the Law: Remedies for Massive Wrongs, 281
Natsu Taylor Saito

DAMAGES REVISITED

Part of the Whole: Tort Law's Compensatory Failures Through a Wider Lens, 307
Ellen S. Pryor


 

 

June 6, 2008
Texas Review of Law & Politics secure, online credit card donations now available!

The Review can now accept tax-deductible credit card donations. Click here for details.


 

 

June 5, 2008
Texas Hispanic Journal of Law & Policy secure, online credit card donations now available!

The Journal can now accept tax-deductible credit card donations. Click here for details.


 

 

June 4, 2008
American Journal of Criminal Law secure, online credit card donations now available!

The Journal can now accept tax-deductible credit card donations. Click here for details.


 

 

June 4, 2008
Texas Intellectual Property Law Journal secure, online credit card donations now available!

The Journal can now accept tax-deductible credit card donations. Click here for details.


 

 

June 3, 2008
The Review of Litgation secure, online credit card donations now available!

At long last, the Review can now accept tax-deductible credit card donations. Click here for details.


 

 

May, 2008

May 21, 2008
Texas Law Review Manual on Usage & Style 11th. edition (2008) now available for pre-order!

Click here for details.


 

 

May 15, 2008
The University of Texas School of Law Publications 2008-2009 Price List is now available!

Prices for all our titles for the coming 2008-2009 academic year are now available. Click here for details.


 

 

 

Articles

Creative Malpractice: The Cinematic Lawyer, 231
William G. Hyland, Jr.

A Proper Analysis of the National Football League Under Section One of the Sherman Act, 281
Nathaniel Grow

Notes

The Dixie Chicks: A Case Study for the Politics of Hollywood, 307
Jeffrey Gilbert

Whose Stats Are They Anyway? Analyzing the Battle Between Major League Baseball and
Fantasy Game Sites, 335
Stacey B. Evans


 

 

May 13, 2008
Texas Journal of Oil, Gas & Energy Law secure, online credit card donations now available!

At long last, the Journal can accept tax-deductible credit card donations. Click here for details.


 

 

 

Articles

Technology and Antitrust, 1159
Daniel A. Crane

Standards, Testing, and School Finance Litigation, 1223
James E. Ryan

Book Review

Of Cabbages and Kings: A Review of Our Undemocratic Constitution by Sanford Levinson, 1263
Charles D. Kelso & R. Randall Kelso

reviewing
Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People
Can Correct It)

Notes

Remedying Daubert's Inadequacy in Evaluating the Admissibility of Scientific Models Used in
Environmental-Tort Litigation, 1281
Matthew W. Swinehart

Standing Up for Justice: A Case for Amending a Rule that Unreasonably Restricts Who May Sue for
Injury to Real Property, 1327
Claire B. Chandler


 

 

April, 2008

 

Articles

Introduction to ERCOT's Jurisdictional Status, 1
Foreword by David B. Spence

ERCOT's Jurisdictional Status: A Legal History and Contemporary Appraisal, 4
Jared M. Fleisher

Safeguarding the Energy Pipeline Transportation System & the PIPES Act of 2006, 22
Brigham A. McCown & Dawn Whalen Theiss

Right of Way Issues in the 80th Legislative Session (2007), 50
James Mann

Note & Comment

An Overview of the Changes Made by the Energy Tax Incentives Act of 2005, 64
Della Bauserman, CPA, MT

Recent Developments in Texas and United States Energy Law

Edited by Melissa M. Potapova, 94
Contributions from the Editorial Staff of the Texas Journal of Oil, Gas, & Energy Law


 

 

 

Articles

Equal Access to Public Education: An Examination of the State Constitutional & Statutory Rights of
Nonpublic Students to Participate in Public School Programs on a Part-Time Basis in North Carolina
& Across the Nation, 1
John T. Plecnik

The Often Illusory Protections of "Biology Plus:" On the Supreme Court's Parental Rights Jurisprudence, 31
Mark Strasser

Notes

Identifying the Identified: The Census, Race, and the Myth of Self-Classification, 85
Manav Bhatnagar

Preventing the New Internment: A Security-Sensitive Standard for Equal Protection Claims in the
Post-9/11 Era, 117
Rashad Hussain


 

 

 

Articles

The Role of Precedent in Constitutional Adjudication: An Introspection, 929
David L. Shapiro

The Virtue of Judicial Statesmanship, 959
Neil S. Siegel

Book Review Essay

Understanding the New Politics of Judicial Appointments, 1033
David R. Stras

reviewing
Confirmation Wars: Preserving Independent Courts in Angry Times
and
Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court

Notes

Forum Non Conveniens: Whose Convenience and Justice?, 1079
Finity E. Jernigan

Go Shops: A Ticket to Ride Past a Target Board's Revlon Duties?, 1123
Joseph L. Morrel


 

 

April 14, 2008
TRESL Spring Write-ON (Correction) — DEADLINE: Monday, April 21

Stop by the Student Affairs office to pick up an application to join the Texas Review of Entertainment & Sports Law.
Applications are due Monday April 21st and should be placed in the TRESL mailbox at the communications desk.

For further information contact Anne Shapere at anne.shapere@gmail.com.


 

 

April 11, 2008
Write-on for AJCL Summer Staff — DEADLINE: April 18, 12 noon

The American Journal of Criminal Law is now accepting write-on applications for summer staff.  Please submit your resume and either

1) a transcript showing that you earned an A or A+ in Criminal Law or
2) a short writing sample (approx. 5 pages)

to the AJCL mailbox in the Communications Center by noon on Friday, April 18.
Offers will be extended on April 23 and orientation will be held Friday, April 25.

If you have any questions, please contact Nick Lealos at managing.ajcl@gmail.com.


 

 

 

ASSOCIATION OF AMERICAN LAW SCHOOLS, ANNUAL MEETING
WORKSHOP ON REMEDIES: JUSTICE AND THE BOTTOM LINE

INTRODUCTION
Symposium, Remedies: Justice and the Bottom Line, 1
Douglas Laycock

DAMAGES
Reflections on Remedies and Philip Morris v. Williams, 9
Keith N. Hylton

Damages in Tort Litigation: Thoughts on Race and Remedies, 1865-2007, 37
Jennifer B. Wriggins

INJUNCTIONS
The Trial Judge's Equitable Discretion Following eBay v. MercExchange, 63
Doug Rendleman

The Continued Vitality of Prophylactic Relief, 99
Tracy A. Thomas

From Status to Contract and Back Again: Consent Decrees in Institutional Reform Litigation, 115
Ross Sandler & David Schoenbrod

RESTITUTION
Quantum Meruit and the Restatement (Third) of Restitution and Unjust Enrichment, 127
Candace Saari Kovacic-Fleischer

Unjust Enrichment and Creditors, 141
Emily Sherwin


 

 

April 5, 2008
University of Texas Law Journal Mastheads may now be found at TexasLawPublications.com!

The University of Texas School of Law journal mastheads and editorial boards can all be found now from the Publications website.
See the new "Mastheads" link in the Quick Categories links at the top of this page? It's new!
For more details, click here.


 

 

April 4, 2008
Texas International Law Journal presents Professor Jacob Ziegel to speak on April 7

You are invited to join Professor Jay Westbrook and the Texas International Law Journal in welcoming Professor Jacob Ziegel.
Prof. Ziegel, from the University of Toronto, is a leading expert on Canadian insolvency law. Prof. Ziegel will be speaking at 11:30a.m.
on Monday, April 7 in the Sheffield Room, on "Global Trends in Insolvency Law and the Impact on Reform in Canada."

Lunch will be provided with an RSVP to tiljrsvp@gmail.com by Friday evening.
More information on Prof. Ziegel can be found at www.tilj.org.


 

 

March, 2008

 

Articles

Who Took My IP?—Defending the Availability of Injunctive Relief for Patent Owners, 187
Paul M. Schoenhard

Remixing Obviousness, 237
Joseph Scott Miller

Poaching Profits: An Examination of the Ability of a Trademark Owner to Recover an Infringer's Profits Under the
Lanham Act as Amended in 1999, 257
Blake R. Bertagna

Revisiting the Compromise of 36 U.S.C. § 287(c), 299
Leisa Talbert Peschel, Ph.D.

Enough is Enough: Time to Eliminate Design Patents and Rely on More Appropriate Copyright and Trademark Protection
for Product Designs, 325
Daniel H. Brean

State Bar Section News, 383


 

 

March 31, 2008
Texas International Law Journal presents Ian Fletcher Speech

You are invited to join Professor Jay Westbrook and the Texas International Law Journal in welcoming Professor Ian Fletcher
this Thursday, April 3 at 11:30am in the Sheffield room.

Prof. Fletcher, from the University College London, is the world's preeminent scholar on international and comparative insolvency
law. Prof. Fletcher will be speaking on "Elusive Quest for Global Consensus on International Bankruptcy: Interim Progress Report
on the Global Principles Project."

Lunch will be provided with an RSVP to tiljrsvp@gmail.com by Tuesday evening.
More information on Professor Fletcher can be found at www.tilj.org.


 

 

March 31, 2008
Texas Journal of Women and the Law secure, online credit card donations now available!

At long last, the Journal can accept tax-deductible credit card donations. Click here for details.


 

 

March 24, 2008
The Review of Litigation Symposium: Terror on Trial: Civil Litigation and the War in Terror

The Review of Litigation will host a symposium this Thursday and Friday, March 27 and 28, to explore issues surrounding civil litigation
and terrorism. The symposium, Terror on Trial: Civil Litigation and the War in Terror, hopes to start a new conversation about the war on
terror-moving away from Guantanamo and Habeas Corpus and toward traditional claims for damages.

We will be bringing together renowned scholars, practitioners, and judges in the field for what promises to be an exciting event.
The symposium will take place in the Eidman Courtroom at The University of Texas School of Law.

For more information, please check the TROL website http://www.utexas.edu/law/journals/trol/sym/index.html.



 

 

March 21, 2008
Inside Guantanamo with James Yee, now available online!

James Yee discussed his observations and experiences as a U.S. Army Officer and Chaplain at Guantanamo Bay on Thursday,
March 20 at 6:00 p.m. in The University of Texas Law School Auditorium. Although recognized twice for outstanding performance
as a minister to detainees on behalf of the U.S. Army, Chaplain Yee was arrested and held in solitary confinement for 76 days in
2003. He was accused of spying, espionage and aiding prisoners at the Guantanamo Bay detention camp but was subsequently
exonerated of all charges, given an honorable discharge and commended for his service.

Audio and images from the conference, click here.


 

 

March 21, 2008
Texas Law Review secure, online credit card donations now available!

At long last, the Review can accept tax-deductible credit card donations. Click here for details.


 

 

March 19, 2008
Texas International Law Journal Applications Now Available

The Texas International Law Journal will be interviewing first and second year students for summer staff positions April 2nd thru April 4th.
If you would like information on the journal, we invite you to stop by our table in the Atrium on Monday, March 24th thru Wednesday,
March 26th between 10AM and 1PM to speak with current journal members and pick up an application.

We look forward to meeting you and kicking off another successful year!


 

 

March 18, 2008
2008 TILJ Symposium: "Transport Law for the 21st Century: The New UNCITRAL Convention"

On Friday, March 28, the Texas International Law Journal and the U.S. State Department will present a symposium entitled
"Transport Law for the 21stCentury: The New UNCITRAL Convention." This symposium will bring together a group of government
and United Nations officials, academics, and practitioners from around the world for an open discussion on issues related to the
ratification of the new Convention on the Carriage of Goods by Sea, which will take place January 14-25, 2009, in Vienna.

Presentations from the conference will provide a rare opportunity for commentary and notes on the articles of the convention from
the drafters themselves. Indeed, papers published from the conference will serve as one of the primary sources for interpreting and
explaining the new convention.

The event will be held in the Law School's Sheffield Room. Admission is free and open to the public, and registered attendees may
obtain 5 CLE credit hours. For more information, please visit www.tilj.org/symposium.



 

March 17, 2008
Inside Guantanamo with James Yee

Texas Journal on Civil Liberties & Civil Rights, the Individual Rights & Responsibilities Section of the State Bar of Texas, the
Robert Strauss Center for International Security and Law
, Mayer Brown LLP, the National Security and Human Rights Clinic
at the University of Texas School of Law present:

Chaplain James Yee: An Inside Look at Guantanamo: A Muslim Chaplain's Struggle for Justice
Thursday, March 20, 2008 @ 6:00 pm ? 7:30 pm, Charles I. Francis Auditorium, room 2.114,(Law School room map)

James Yee will discuss his observations and experiences as a U.S. Army Officer and Chaplain at Guantanamo Bay. Although recognized
twice for outstanding performance as a minister to detainees on behalf of the U.S. Army, Chaplain Yee was arrested and held in solitary
confinement for 76 days in 2003. He was accused of spying, espionage, and aiding prisoners at the Guantanamo Bay detention camp but
was subsequently exonerated of all charges, given an honorable discharge and commended for his service.

James Yee is a third-generation Chinese American who, after graduating from West Point, converted to Islam in April of 1991 and served
in the U.S. military for over a decade. He has been featured on a variety of news programs, including The O'Reilly Factor and MSNBC's
Hardball, and has spoken at college campuses around the country.
James Yee also tells his story in For God and Country: Faith and Patriotism Under Fire and will sign copies brought to the event.
His book is available at UT Co-Op East.

Sponsored by the Texas Journal on Civil Liberties & Civil Rights, the Robert Strauss Center for International Security and Law,
Mayer Brown LLP
, the National Security and Human Rights Clinic at the University of Texas School of Law and the Individual Rights
& Responsibilities Section of the State Bar of Texas.

Additional information:
http://www.robertstrausscenter.org/news/article/23
http://www.utexas.edu/law/journals/tjclcr/symposia/Yee_03202008.html

All participating sponsors are nonpartisan and take no institutional position on any issue. All statements of fact and all expressions of
opinion at the event are the sole responsibility of the speaker.
For more information about the event, please e-mail tjclcr@law.utexas.edu or call (512) 232-1278.


 

 

 

Articles

The Strange, Ironic Career of Section 5 of the Voting Rights Act, 1965-2007, 667
J. Morgan Kousser

Rethinking Treaty Interpretation, 777
Scott M. Sullivan

Book Review Essay

Law and Governance in the 21st Century Regulatory State, 819
Jason M. Solomon

reviewing
Law and New Governance in the EU and the US
and
The Regulatory and Administrative State: Materials, Cases, Comments

Notes

Classifying the Right to Rental Payment Streams Stripped Off a Lease: An Examination of the Issues Not
Discussed in Commercial Money Center, 857
Anthony N. Kaim

Eliminating Public Disclosures of Government Information from the Reach of the Espionage Act, 889
Judson O. Littleton


 

 

March 4, 2008
2008 TJCLCR CLE Symposium Keynote and Panels now available online!

Texas Journal on Civil Liberties & Civil Rights 2008 symposium:

"The Roberts Court and the Future of the Fourth Amendment"
Monday, March 3, 2008.

The symposium addressed developments in Fourth amendment jurisprudence since the appointment of Chief Justice Roberts, the
ramifications of those developments, and what clues those developments may provide as to which direction the Court may take in
the future. It also provided an opportunity for students interested in pursuing careers in criminal justice or constitutional law to
meet lawyers and judges practicing in this area.

 

Video from the conference:
Keynote (audio only, WMA)
http://realaudio.cc.utexas.edu:8080/asxgen/law/depts/media/Reels/TJCLCR/TJCLCRKeynote3-3-08.WMA
Panel 1 (audio/video, WMV)
http://realaudio.cc.utexas.edu:8080/asxgen/law/depts/media/Reels/TJCLCR/TJCLCR3-3-08.wmv
Panel 2 (audio/video, WMV)
http://realaudio.cc.utexas.edu:8080/asxgen/law/depts/media/Reels/TJCLCR/TJCLCR3-3-08a.wmv


 

 

March 3, 2008
The Review of Litigation’s Spring 2008 Symposium: “Terror on Trial:  Civil Litigation and the War on Terror”

The Review of Litigation will host its annual symposium on March 27 and 28 in the Eidman Courtroom at the University of Texas
School of Law. 

The symposium will explore a variety of issues surrounding civil litigation and terrorism.  The Review is bringing together renowned scholars,
practitioners, and judges in the field, in hopes of starting a new conversation about the war on terror—moving away from Guantanamo and
Habeas Corpus and toward traditional claims for damages.

The Keynote address will be given by the Honorable John J. Gibbons, Former Chief Judge of the U.S. Court of Appeals for the Third Circuit. 

Additional speakers include:
Steven Watt, American Civil Liberties Union
Jon Hafetz, Brennan Center for Justice
Maria LaHood, Center for Constitutional Rights
Beth Van Schaack, Santa Clara University School of Law
Elizabeth Wilson, Baach, Robinson & Lewis PLLC
Jeffrey Addicott, Center for Terrorism Law
Jules Lobel, The University of Pittsburgh School of Law
John Murphy, Villanova School of Law
Sahar Aziz, Muslim Advocates
Gabor Rona, Human Rights First
Tina Foster, International Justice Network.

Submissions by the participants will be published in The Review of Litigation in Issue 1 of Volume 28 (Fall 2008).

Presentations are free and open to the public. 
The symposium also offers 7.5 hours of CLE credit. The registration fee for CLE credit is $150.

For more information about the symposium speakers and topics,
please visit http://www.utexas.edu/law/journals/trol/sym/index.html
If you have any additional questions about the event, you can email The Review of Litigation at TheReview@law.utexas.edu.


 

 

February, 2008

February 29, 2008
Texas International Law Journal secure, online credit card donations now available!

At long last, the Journal can accept tax-deductible credit card donations for General and Event sponsorship. Click here for details.


 

 

February 27, 2008
Environmental Law Journal Applications

Friday, February 29th is the deadline for applications to the Texas Environmental Law Journal. Prospective members should submit an
application form, resume, and writing sample (1L memos, seminar papers, and small section papers are all acceptable). Application packages
should be submitted at the information booth in the Atrium.

For extra application forms or other questions, email Robert Rogers at rogersrg@gmail.com.



 

February 27, 2008
TJOGEL Editorial Board Applications

The Texas Journal of Oil, Gas, and Energy Law is pleased to announce the opportunity to apply for 2008-2009 Executive and Editorial Board.
Applications can be picked up at the communications desk and must be turned into the TJOGEL mailbox behind the communications desk no
later than 5:00 pm on Wednesday, March 5. Interviews will be held on Thursday, March 20.

The application process is open to all first and second year students.
For an electronic copy of the application, please email info@tjogel.org.


 

 

February 26, 2008
TJCLCR CLE Symposium on the 4th Amendment . . . . Monday, March 3, 2008

Texas Journal on Civil Liberties & Civil Rights annual symposium:

"The Roberts Court and the Future of the Fourth Amendment"
Monday, March 3, 2008.
Free to the public.
CLE attendees for 4.75 hours credit: $50. register here

The symposium will address developments in Fourth amendment jurisprudence since the appointment of Chief Justice Roberts, the
ramifications of those developments, and what clues those developments may provide as to which direction the Court may take in
the future. It will also provide an opportunity for students interested in pursuing careers in criminal justice or constitutional law to
meet lawyers and judges practicing in this area.

 

Lunch and Keynote Address: 11:30 am in Sheffield Room, 2.111, (room map)
with Tom Goldstein, Akin Gump Strauss Hauer & Feld, LLP, SCOTUSblog

Panel: "Hudson and Moore: The Roberts Court Takes On the Exclusionary Rule", 1:00-2:30 pm in Eidman Courtroom, 2.306, (room map)
Panelists:
Prof. George Dix
, The University of Texas School of Law
Tom Goldstein, Akin Gump Strauss Hauer & Feld, LLP, SCOTUSblog
Prof. Luke Milligan, Louisville School of Law

Panel: "Privacy and the Roberts Court", 2:45-4:15 pm ? Eidman Courtroom, (room map)
Panelists:
Judge Michael Keasler
, Texas Court of Criminal Appeals
Prof. Ronald S. Sullivan, Harvard Law School
Prof. Andrew E. Taslitz, Howard University School of Law

 

Please visit www.txjclcr.org to register for this event.


 

 

February 26, 2008
Apply for TIPLJ (IP Journal) Summer Staff -- DEADLINE WEDNESDAY, MARCH 5, 12 NOON . . . .

To all interested 1Ls and 2Ls: The Texas Intellectual Property Law Journal (TIPLJ) is seeking Summer Staff Editors!

Applicants for TIPLJ must be in good academic standing and either a 2L or a 3L at the University of Texas School of Law during the 2008-09
academic year. There are many advantages and opportunities for joining, not the least of which is no write-on requirement. Joining TIPLJ
through our summer staff application process does not prevent you from joining any other journal and does not require that you be in Austin
during the summer.

Applications for Summer Staff Editors may be picked up at the TIPLJ office (Room 4.134B, map) or the Susman Godfrey Atrium
Communications Center (Room 2.101, map).

Applications are due Wednesday, March 5, 2008 at 12:00pm in the TIPLJ office or the TIPLJ Mailbox in the Atrium Communications Center.

Feel free to come by the office or e-mail membership@tiplj.org if you have any questions.
Also, you can check out our website at http://www.utexas.edu/law/journals/tiplj/.


 

 

February 20, 2008
New TILJ Website

The Texas International Law Journal is pleased to announce the debut of its new website: www.tilj.org. The new TILJ website features
a growing archive of our articles, mastheads, and symposia information, all in PDF format where available. It also features the new TILJ
Forum, an online companion to our printed volumes, which publishes short works by practitioners, scholars, and judges, as well as responses
to scholarship printed in the Texas International Law Journal.

We invite you to visit our new home and learn about the latest TILJ news and events, including our upcoming symposium, entitled,
"Transport Law for the 21st Century: The New UNCITRAL Convention".

For more information about the Texas International Law Journal, please visit our table on Wednesday, February 20, in the Atrium.


 

 

February 15, 2008
Texas Journal on Civil Liberties & Civil Rights secure, online credit card donations now available!

At long last, the Journal can accept tax-deductible credit card donations for General and Event sponsorship. Click here for details.


 

 

February 15, 2008
Texas Environmental Law Journal info booth in Atrium next Tues (2/19), Wed (2/20)

The Texas Environmental Law Journal will have an informational booth set up in the atrium this coming Tuesday and Wednesday.
There will be journal members on hand to answer questions about early write-on opportunities and membership benefits.

Also, don't miss out on the Environmental Law Happy Hour this Wednesday, February 20th, at Scholtz's Beer Garden.
The event is sponsored by the Environmental section of the Texas State Bar.

For more information, stop by the Environmental Law Journal booth on Tuesday or Wednesday.


 

 

 

Articles

Caging the Beast: Formulating Effective Evidentiary Rules to Deal with Sexual Offenders, 1
Charles H. Rose, III

Is it Time to Kill the Death Penalty?: A View from the Bench and the Bar, 39
Lupe S. Salinas

Note

Fulfilling the Promise of Kent: Fixing the Texas Juvenile Waiver Statute, 109
Sarah Steward-Lindsey


 

 

 

Articles

Beyond Usury: A Study of Credit-Card Use and Preference Among Low-Income Consumers, 451
Angela Littwin

Gone in Sixty Milliseconds: Trademark Law and Cognitive Science, 507
Rebecca Tushnet

Book Review

Torture, with Apologies, 569
Thomas P. Crocker

reviewing
Terror in the Balance: Security, Liberty, and the Courts
and
Not a Suicide Pact: The Constitution in a Time of National Emergency

Notes

Giving Nature Constitutional Protection: A Less Anthropocentric Interpretation of Environmental Rights, 615
Joshua J. Bruckerhoff

Is an Absolute Ban on Reverse Payments the Appropriate Way to Prevent Anticompetitive Agreements
Between Branded- and Generic-Pharmaceutical Companies?, 647
Sheila Kadura


 

 

February 8, 2008
Ninth Annual IP Law Symposium, TODAY, “Bridging the Gap to Future Innovations”

MEDIA ALERT
To Editors/Reporters/Producers: The Ninth Annual Intellectual Property Law Symposium takes place today (Feb. 8, Friday) at The University
of Texas School of Law. See the release below.

The Texas Intellectual Property Law Journal is sponsoring the Ninth Annual Intellectual Property Law Symposium, “Bridging the Gap to Future
Innovations,” on Friday, Feb. 8, in The University of Texas School of Law’s Eidman Courtroom. The symposium presentations are free and
open to the public. Meals, parking passes, and CLE credit (7.25 hours of CLE credit, including 1 hour of ethics credit) require registration and
a $175 fee. To register online go to: www.ipsymposium.com.

The symposium’s keynote address, “Ethical rules governing pre-filing investigations in patent cases and the consequences of failing to
perform an adequate investigation,” will be given by Sid Leach, a partner in the law firm of Snell & Wilmer, LLP, in the firm’s Phoenix,
Arizona office. Leach has more than 28 years of experience litigating patent infringement actions, including proceedings before the
International Trade Commission, and the Patent and Trademark Office. He was selected for inclusion in the 2007 edition of “The Best
Lawyers in America in the specialty of Intellectual Property Law.”

The event will also feature a panel on “Optimizing Patent Litigation” with speakers Judge David Folsom, Judge Lee Yeakel, Judge John
Love, Judge Chad Everingham, UT Law Professor John Golden, and attorneys Rick Rambo and Margaret Sampson. Additional symposium
speakers include Anthony Peterman, the legal director for patents for Dell, Inc.; Harry Susman, a partner at Susman Godfrey in Houston;
Professor Jeffrey Lefstin
, a patent and contract professor at the University of California Hastings School of Law; and attorneys from
Wilson Sonsini Goodrich & Rosati
, Vinson & Elkins, Fulbright & Jaworski, Sidley Austin, and Akin Gump Strauss Hauer & Feld.

For more information on the symposium speakers and topics go to: www.ipsymposium.com.

Event contact: Rene Dimetman, UT Law, Texas Intellectual Property Law Journal, Executive Symposium Editor, 512-749-2262.


 

January, 2008

January 31, 2008
ENVIRONMENTAL PAPERS WANTED

The Texas Environmental Law Journal is accepting submissions of student notes for its upcoming edition. Notes must be related to a
current environmental topic and have particular applicability to Texas or the Gulf Coast region.

Papers can be submitted online to telj@law.utexas.edu or dropped off at TNH 4.128.

We accept submissions year-round, but if you think you have a qualifying paper please submit it ASAP.



 

January 30, 2008
Texas Law Review Symposium Feb. 1-2, 2008
(Fri & Sat)

Leading scholars in the fields of environmental law, administrative law, risk assessment, science, and sociology will gather in Austin on
February 1 and 2, 2008 for the annual Texas Law Review Symposium,"Harnessing the Power of Information for the Next Generation
of Environmental Law
."

The Symposium will highlight technological and scholarly breakthroughs in information technology and regulation and evaluate the
implications of these breakthroughs for the future of environmental regulation. It is co-hosted by University of Texas Law Professors
Lynn Blais
, Thomas McGarity, Gerald Torres, and Wendy Wagner.

Participants include (click names for faculty bio's)

David E. Adelman, University of Arizona James E. Rogers College of Law
Mary Jane Angelo
, University of Florida Levin College of Law
John S. Applegate, Indiana University School of Law
Holly Doremus
, UC Davis School of Law
Daniel A. Farber
, UC Berkeley Boalt Hall School of Law
Alyson C. Flournoy, University of Florida Levin College of Law
Bradley C. Karkkainen
, University of Minnesota Law School
Douglas A. Kysar
, Cornell Law School
Timothy D. Lytton
, Albany Law School
Christine Overdevest, University of Florida
James Salzman
, Duke Law School
Rena Steinzor
, University of Maryland School of Law
David C. Vladeck
, Georgetown University Law Center

Submissions by the participants will be published in the Texas Law Review in Issue 7 of Volume 86 (June 2008).

CLE: This conference offers 8.75 hours of CLE credit.

For maps and directions, please visit http://www.utexas.edu/law/about/parking.html.
Related link: Texas Law Review, http://www.utexas.edu/law/journals/tlr/

Contact: Texas Law Review, (512) 232-1280.



 

January 27, 2008
Ninth Annual IP Law Symposium

The Ninth Annual Intellectual Property Law Symposium, sponsored by the Texas Intellectual Property Law Journal (TIPLJ), will be held
February 8, 2008
, in the Eidman Courtroom at the University of Texas School of Law. The event will earn participants 7.25 hours of
CLE credit, including 1 hour of ethics credit.

The keynote address, "Ethical Rules Governing Pre-filing Investigations in Patent Cases and the Consequences of Failing to Perform an
Adequate Investigation," will be given by Sid Leach, a partner in the law firm of Snell & Wilmer, L.L.P. Mr. Leach has over 28 years of
experience litigating patent infringement actions, including proceedings before the International Trade Commission, and interference
proceedings before the Patent and Trademark Office. He was selected for inclusion in the 2007 edition of "The Best Lawyers in America
in the specialty of Intellectual Property Law."

The event will also feature a panel on "Optimizing Patent Litigation." Panel participants include Judge David Folsom, Judge Lee Yeakel,
Judge John Love, Judge Chad Everingham, and attorneys Rick Rambo and Margaret Sampson.

Additional speakers include Anthony Peterman, the Legal Director for Patents for Dell, Inc.; Harry Susman, a partner at Susman Godfrey in
Houston, Texas; Professor Lefstin, a patent and contract professor at the University of California Hastings School of Law; and attorneys
from Wilson Sonsini Goodrich & Rosati, P.C., Vinson & Elkins, LLP, Fulbright & Jaworski, LLP, Sidley Austin LLP,
Akin Gump Strauss Hauer & Feld.

For more information on the Symposium speakers and topics, please visit us at http://www.ipsymposium.com. If you have any questions
about the event, please email TIPLJ's Executive Symposium Editor, Rene Dimetman, at rene.dimetman@gmail.com.



 

January 24, 2008
TJOGEL Spring Write-On

Interested in oil, gas, and energy law?
Interested in joining a journal?
If so, then the Texas Journal of Oil, Gas, and Energy Law is looking for you!

The Texas Journal of Oil, Gas, & Energy Law is currently holding its spring write-on competition. The write-on is open to all first and second
year students and applications are available at www.tjogel.org. Completed applications should be turned in to the TJOGEL box at the
communications desk no later than noon on January 30. Please contact Lisa Miller at miller.lisag@gmail.com with any questions.


 

 

January 23, 2008
TJWL Spring Write-On

The Texas Journal of Women and the Law is holding its Spring 2008 Write-On. All students are welcome to participate! Applications are
available at the Communications desk. The deadline for submission is Friday, February 8th at 5:00p.m.
Please turn in completed applications to the TJWL box at the Communications desk.

Questions? Please contact TJWL at tjwl@law.utexas.edu



 

Articles

Outcomes and Alternatives for Universal Telecommunications Service: A Case Study of Texas, 1 [full text]
Jerry Ellig & Joseph Rotondi

The Constitutionality of Religious Symbolism After McCreary and Van Orden, 93 [full text]
Douglas G. Smith


 

Essay

Brennan's Epiphany: The Necessity of Invoking State Constitutions to Protect Freedom, 137 [full text]
Clint Bolick


 

Testimonies

Birthright Citizenship, the Fourteenth Amendment, and the Texas Legislature, 161 [full text]
James C. Ho

Born in the U.S.A.?
Rethinking Birthright Citizenship in the Wake of 9/11, 167 [full text]
John C. Eastman


 

Book Reviews

An Inconvenient Truth: Conservatives Behaving Charitably, 181 [full text]
Don R. Willett

Equal Billing:
On Religion, Washington's Views Should Be Considered, Too, 207 [full text]
Nathan A. Forrester, Jr.


 

 

 

Articles

Stopping the Obscenity Madness 50 years after Roth v. United States, 1
Clay Calvert & Robert D. Richards

Regulation or Prohibition? The Troubled Legal Status of Internet Gambling Casinos, 39
Benjamin B. Nelson

Content on the Fly: The Growing Need for Regulation of Video Content Delivered Via Cellular Telephony, 67
Jacob Chapman

Tackling the Competitive Sports Doctrine: a New Proposal for Sports Injuries in Texas, 85
Griffin Toronjo Pivateau

Fair Game: Ethical Considerations in Negotiation by Sports Agents, 123
Melissa Neiman

Notes

This Land is Not Your Land: Second Life, CopyBot, and the Looming Question of Virtual Property Rights, 141
Kurt Hunt

Paparazzi, Tabloids, and the New Hollywood Press, 175
Keith D. Willis

Meeting the Challenges of International Brand Expansion in Professional Sports: Intellectual Property Rights
Enforcement in China, 203
Jeffrey F. Levine


 

 

January 7, 2008
AJCL Spring Write-On

The American Journal of Criminal Law will begin accepting write-on applications on Monday, January 14. We will accept applications
until noon on Friday, January 25. Membership offers will be extended no later than Wednesday, January 30 and a mandatory
orientation will be held on Friday, February 1.

If you are interested, please submit 1) your resume and 2) either A) a writing sample or 2) an unofficial transcript showing that you
received an A in first year criminal law.
Applications should be submitted to the American Journal of Criminal Law mailbox in the communications center.
1Ls are welcome to apply.

If you have any questions, please do not hesitate to contact Deirdre Ewing at managing.ajcl@gmail.com.



December, 2007

December 31, 2007
"Publish Your Work"

The Texas Journal on Civil Liberties and Civil Rights is looking for papers for a special "In Texas" issue to be published in Spring 2008.
Submissions addressing any aspect of "civil liberties and civil rights" in the state of Texas are welcome. Topics might include,
but are not limited to: voters' rights and redistricting; education; the death penalty and criminal rights; sex, marriage, and children's
rights; speech and religion; gun ownership and possession; refugees and immigration.

Papers of an interdisciplinary nature are of particular interest.
Articles, notes, and comments will be considered.
Electronic submission (via ExpressO or regular email) is required.

Please send a CV/resume along with the paper itself to the address listed below. MSWord is preferred.

Also, please indicate that your submission is intended for the "In Texas" issue.
Submissions should be sent to TJCLCR@law.utexas.edu.


 

 

 

Articles

Harmonizing the International Law of Business Method and Software Patents: Following Europe's Lead, 1
Robert E. Thomas and Larry A. DiMatteo

The Contract in the Trade Secret Ballroom—A Forgotten Dance Partner?, 47
Alan J. Tracey

Countering the Unfair Play of DRM Technologies, 91
Nicola Lucchi

Life After Moseley: The Trademark Dilution Revision Act, 125
Marc L. Delflache, Sarah Silbert, and Christina Hillson

YouTube or YouLose: Can YouTube Survive a Copyright Infringement Lawsuit?, 151
Jason C. Breen

State Bar Section News, 183


 

 

 

Articles

Democracy and Decriminalization, 223
Darryl K. Brown

The Constitutional Right to Make Medical Treatment Decisions: A Tale of Two Doctrines, 277
B. Jessie Hill

Book Review

On Misshapen Stones and Criminal Law's Epistemology, 347
Michael S. Pardo

reviewing
Truth, Error, and Criminal Law: An Essay in Legal Epistemology

Notes

A Legislative Solution: Solving the Contemporary Challenge of Forced Waiver of Privilege, 385
Robert Zachary Beasley

Rights and Regulations: Academic Freedom and a University's Right to Regulate the Student Press, 421
Lauren E. Tanner


 

November, 2007

 

Articles

Defining Unlawful Enemy Combatants: A Centripetal Story, 1
Allison M. Danner

Schizophrenic Treaty Law, 15
David Sloss

Questioning the Jurisdictional Moorings of the Military Commissions Act, 29
Geoffrey S. Corn

Standards and Procedures for Classifying "Enemy Combatants": Congress, What Have You Done?, 41
Kristine A. Huskey

From the "Constitution of the Maritime Safety Committee" to the "Constitution of the Council": Will the IMCO Experience
Repeat Itself at the IMO Nearly Fifty Years On? The Juridical Politics of an International Organization, 55
Ademum-Odeke

Comment

Adding Tools to the Arsenal: Options for Restitution from the Intermediary Seller and Recovery for Good-Faith
Possessors of Nazi-Looted Art, 115
Kiesha Minyard


 

 

 

Articles

Inventing Invention: A Case Study of Legal Innovation, 1
John F. Duffy

A Theory of Justiciability, 73
Jonathan R. Siegel

Book Review

In Search of Argument, 141
Danny Priel

reviewing
Is Democracy Possible Here?: Principles for a New Political Debate

Notes

Conflict of Interest and the EPA's Science Advisory Board, 165
Joe G. Conley

Wilbur's Conundrum: Property in the DNA of Selectively Bred Animals, 191
David S. Mader


 

October, 2007

October 19, 2007
Immigration Activist Ray Ybarra to Speak at UT Law

When: Monday, October 22
Time: 5:30 p.m.
Place: Room 3.125

Join the Texas Hispanic Journal of Law & Policy and CHLSA in welcoming Ray Ybarra, a graduate of Stanford Law School and
immigrant rights activist who will speak on Immigration Law and Immigrant Rights. A Q&A session will immediately follow.
Food will be provided.

Ray Ybarra is a human rights activist, writer, filmmaker, photographer, and public speaker. Ybarra co-wrote and co-produced
the award-winning documentary, "Rights on the Line: Vigilantes at the Border," was instrumental in bringing about a major
civil rights lawsuit against one of the vigilantes, and created and coordinated the Legal Observer Project during the Minutemen's
operations. He has trained hundreds of volunteers and spent months following the Minutemen as they patrolled along the
U.S.-Mexico Divide.

Ybarra has written about and given numerous talks on vigilantism, the militarization of the border and the
growing immigrant's rights movement at numerous universities including Stanford, Harvard, University of California at Berkeley,
and the Universidad Nacional Autsnoma de Mixico and to community groups from Washington to Iowa. In addition to receiving
awards for his commitment to social justice, Ybarra has testified in front of local and state bodies as well as having his work
quoted at the United Nations.

Ybarra is frequently quoted in both the national and international media and his work has been profiled in the Intelligence Report,
Stanford Lawyer, and in a documentary that premiered at the 2006 Sundance Film Festival, 'Crossing Arizona.' Ybarra spent a
year volunteering at a migrant center in Agua Prieta, Sonora, Mexico assisting with cleaning, preparing food, and conducting
human rights discussions amongst the migrants.

Ybarra attended Cochise Community College in Douglas, AZ and graduated Summa Cum Laude from Arizona State University in
2002 and from Stanford Law School in 2007.


 

 

October 19, 2007
Texas Review of Entertainment and Sports Law (TRESL) is accepting applications from interested 1Ls and 2Ls

The Texas Review of Entertainment and Sports Law (TRESL) is accepting applications from interested 1Ls and 2Ls. Stop by their
table in the atrium and pick up an application on Monday and Tuesday of next week (October 22nd and 23rd) from 10 AM to 3 PM.
1Ls, note that you'll be able to include TRESL participation on resumes sent out (on December 1st) to
employers for summer '08 clerkships.


 

 

 

Number 1 Articles
The Legality of The NSA Wiretapping Program, 1
Evan Tsen Lee
Public Law as a Whole and Normative Duality: Reclaiming Administrative Insights in Enforcement Review, 43
Michael Tamir

Notes
Self-Determination in a Gender Fundamentalist State: Toward Legal Liberation of Transgender Identities, 101
Laura K. Langley
Guarding the Ivory Tower: The Duty of the University to Defend and Indemnify Faculty Publications, 133
Julie H. Margetta

Number 2 Article
Government Effectiveness and Efficiency? The Minority Language Assistance Provisions of the VRA, 163
James Thomas Tucker & Rodolfo Espino

Notes
The Cruel and Unusual Criminalization of Homelessness: Factoring Individual Accountability Into the Proportionality
Principle, 277
Elizabeth M. M. O'Connor
Privilege Through Prayer: Examining Bible-Based Prison Rehabilitation Programs Under the Establishment Clause, 277
Nathaniel Odle


 

 

October 4, 2007
Latest Journal News
Click the journal names to learn more and to order.

  • All UT Law foreign subscriptions now shipping through Global Mail at no additional cost. This will greatly speed up foreign
    deliveries and will allow limited tracking. This new service began last June.
  • American Journal of Criminal Law anticipates the release of their long-awaited V.34:1 by late October.
  • Texas Hispanic Journal of Law & Policy is currently accepting articles. Click here for the Journal's mission statement and
    click here for submissions information.
  • Texas Journal on Civil Liberties & Civil Rights is increasing its frequency from two issues to three issues per volume beginning with
    their upcoming V.13:1-3 (2007-2008). Subscription rates are also increasing from $30/Volume to $40/Volume.
  • Texas Review of Entertainment & Sports Law is increasing its frequency from one issue to two issues per volume beginning with
    their upcoming Volume 9:1-2 (2007-2008). Subscription rates will not increase.

 

September, 2007

 

Articles
Cold Comfort Pharmacy: Pharmacist Tort Liability for Conscientious Refusals to Dispense Emergency Contraception, 149
Kristen Marttila Gast
Parental Involvement Laws for Abortion in the United States and the United Nations Conventions on the Rights of the
Child: Can International Law Secure the Right to Choose for Minors?, 185
Katie Hatziavramidis
The Meaning of "Life": The Morning-after pill, the Question of When Life Begins, and Judicial Review, 205
Jason M. Horst

Note
The Family Violence Option in Texas: Why it is Failing to Aid Domestic Violence Victims on Welfare and What to do
about it, 241
Laurie Pompa


 

 

September 17, 2007
Student Organization Re-Registration

All UT Law student organizations and journals must re-register with the Student Activities and Leadership Development office
on main campus by Friday, September 21. Any organization who fails to re-register will lose priveleges including the ability to
reserve UT Law facilities and access to Share Point and Law Mail. Re-Registration materials can be found online
at: http://deanofstudents.utexas.edu/sald/. Questions can be directed to the Student Affairs Office.


 

 

September 17, 2007
TJWL Fall 2007 Write-On

The Texas Journal of Women and the Law is holding their Fall 2007 Write-On. ALL students (1L, 2L, and 3L) are welcome to
participate! Applications are available at the Communications Desk.

The deadline for submission is Friday, September 28 at 5:00 p.m.

Questions? Please contact TJWL at tjwl@law.utexas.edu.


 

 

September 14, 2007
Last call for AJCL Fall Write-On Submissions

If you are interested in joining the American Journal of Criminal Law this fall, please submit
1) your resume
2) either
A) a 5-10 page legal writing sample or
B) a copy of your transcript if you got an A or A+ in Criminal Law your first year.

Submit write-on materials to the AJCL mailbox in the Communications Center before noon on Friday, September 21.
If you have any questions, email Deirdre Ewing at managing.ajcl@gmail.com.


 

 

September 13, 2007
Law School Catalog Updates for Student Organizations

The Student Affairs Office requests that all Student Publications and Registered Student Organizations submit their
Law School Catalog description by 4:30 PM on Friday, September 14. Copies of the descriptions from the 2006- 2008
catalog were placed in individual organization mailboxes at the beginning of the semester.

New organizations will need to submit a description if they wish to be included in the 2008-2010 Law School Catalog.


 

 

 

Preface
Preface, Products Liability: Litigation Trends on the 10th Anniversary of the Third Restatement, ix
Paul J. Neufeld, Editor in Chief

Articles
Punctuated Equilibrium: Why Section 402A Flourished and the Third Restatement Languished, 799
George W. Conk
Has the Fat Lady Sung? The Future of Mass Toxic Torts, 883
Deborah R. Hensler
The Bulk Supplier, Sophisticated User, and Learned Intermediary Doctrines Since the Adoption of the Restatement
(Third) or Torts,
927
Jeffrey W. Kemp & Lindsy Nicole Alleman
The Evolution of Products Liability Law, 955
David G. Owen
Liability for Drugs in the U.S. and EU: Rhetoric and Reality, 991
Jane Stapleton
Warning: You May Possess Continuing Duties After the Sale of Your Product! (An Evaluation of the Restatement
(Third) of Torts: Products Liability's
Treatment of Post-Sale Duties), 1035
Tom Stilwell
The Principles of Products Liability, 1067
Richard W. Wright


 

 

September 13, 2007
DUE TOMORROW - Texas Journal on Civil Liberties & Civil Rights Journal Write-On Application Due

The Texas Journal on Civil Liberties and Civil Rights invites you to participate in its Fall 2007 write-on competition.
We are seeking 1Ls and 2Ls with outstanding writing and editing skills and a demonstrated interest in civil liberties and civil rights.

The Texas Journal on Civil Liberties and Civil Rights publishes articles that examine the intersection of law, politics, and society
within the area of civil liberties and civil rights. These articles are written by judges, lawyers, professors, and students and
published in conjunction with the Individual Rights and Responsibilities Section of the State Bar of Texas.
Originally founded in 1992, the journal is now one of the nations most cited specialty law journals on human rights by courts.

Membership on the journal provides students with a valuable opportunity to develop and hone their legal research and writing skills.
Further, members enjoy a number of other activities including a spring symposium, social events, and opportunities to network with
professionals in the community.

If you are interested in applying for membership on the Journal, please contact Lydia Zakhari at lzakhari@mail.utexas.edu or pick up
an application at the circulation desk in the atrium. The application deadline is TOMORROW September 14, 2007 at 5:00 PM.


 

 

September 13, 2007
Environmental Journal Seeking New Member

Attention 2L's and 3L's:
The Texas Environmental Law Journal is seeking additional members. To apply, send a resume and writing sample to
telj@mail.law.utexas.edu
or bring a copy by our office at TNH 4.128.
Applications must be received by Saturday, September 15th.
The journal will have its first meeting on Monday, September 17th at 5pm in room 2.124.



 

International Academy of Commercial and Consumer Law
Changing Law for Changing Times, 13th Biennial Meeting

Introduction, 369
Jay Lawrence Westbrook

Proportionality: WTO Law: in Comparative Perspective, 371
Mads Andenas and Stefan Zleptnig
(Comparative Law, International Business, and Competition Law)

The Modernization of European Competition Law: A Story of Unfinished Concepts, 429
Jürgen Basedow
(International Business, Competition Law, and European Union)

Corporate Gatekeeper Liability in Canada, 441
Stephanie Ben-Ishai
(Comparative Law and Corporate)

Harmonization and Modernization in UNCITRAL's Legislative Guide on Insolvency Law, 475
Susan Block-Lieb and Terence Halliday
(International Business and Insolvency)

Property Rights, Collateral, Creditor Rights, and Insolvency in East Asia, 515
Douglas W. Arner, Charles D. Booth, Paul Lejot, Berry F.C. Hsu
(Comparative law, Legal Institutions, and Secured Lending/Securitization)

Negotiation in Letter of Credit Practice and Law: The Evolution of the Doctrine, 561
James E. Byrne
(Payment Systems)

Theorizing Transnational Commercial Law, 597
Ross Cranston
(International Business and Legal Theory)

Developing a New Commercial Court in Ghana, 619
Kofi Date-Bah
(Legal Institutions)

Developing Global Transnational Harmonization Procedures for the Twenty-First Century: The Accelerating Pace of
Common and Civil Law Convergence, 625
Louis F. Del Duca
(Comparative Law and Legal Theory)

Canadian Preference Law Reform, 661
Anthony Duggan and Thomas G.W. Telfer
(Insolvency)

Recent International Developments in the Law of Negotiable Instruments and Payment and Settlement Systems, 685
Benjamin Geva
(Comparative Law, International Business, Payment Systems, and European Union)

Secured Lending and Its Poverty Reduction Effect, 727
Boris Kozolchyk
(Comparative Law and Secured Lending/Securitization)

Securitization in Israel, 751
Shalom Lerner
(Secured Lending/Securitization)

Japan's Personal Insolvency Law, 765
Junichi Matsushita
(Insolvency and Consumer Law)

The Landmark 2005 Hague Convention on Choice of Court Agreements, 773
Ved P. Nanda
(International Business)

Banking Law Reform and Users-Consumers in Developing Economies: Creating an Accessible and Equitable Consumer
Base from the "Excluded", 789
Joseph J. Norton
(Comparative Law and Consumer Law)

Group Insolvencies—Some Thoughts About New Approaches, 819
Christoph G. Paulus
(International Business and Insolvency)

Legal Mercantile Evolution from the Twentieth Century to the Dawning of the Twenty-First Century, 831
Arcelia Quintana-Adriano
(Comparative Law)

The Agricultural Exemption in Antitrust Law: A Comparative Look at the Political Economy of Market Regulation, 843
Arie Reich
(Comparative Law and Competition Law)

Disclosure as a Public Policy Instrument in Global Capital Markets, 875
Janis Sarra
(International Business)

Avoidance of Pre-Bankruptcy Transactions in Multinational Bankruptcy Cases, 899
Jay Lawrence Westbrook
(International Business and Insolvency)

The Disappearing Divide Between Property and Obligations: The Impact of Aligning Legal Analysis and Commercial
Expectation, 917
Sarah Worthington
(Legal Theory)


 

 

September 9, 2007
TJCLCR Call for Articles, Notes, or Comments

The Texas Journal on Civil Liberties and Civil Rights is looking for papers for a special "In Texas" issue to be published in Spring 2008.
Submissions addressing any aspect of "civil liberties and civil rights" in the state of Texas are welcome. Topics might include, but are
not limited to:

voters' rights and redistricting
education
the death penalty and criminal rights
sex
marriage
children's rights
speech and religion
gun ownership and possession
refugees and immigration.

Papers of an interdisciplinary nature are of particular interest. Articles, notes, and comments will be considered.

Electronic submission (via ExpressO or regular email) is required. Please send a CV and a brief cover letter that includes a description
or abstract of the paper, along with the paper itself. MSWord is preferred. Also, please indicate that your submission is intended for
the "In Texas" issue.

Submissions should be sent to TJCLCR@law.utexas.edu.
The deadline for submission is January 1, 2008.

Please direct any questions to Jason Steed, Submissions Editor, Texas Journal on Civil Liberties & Civil Rights. profsteed@gmail.com.


 

 

September 9, 2007
REMINDER: Texas Journal of Civil Liberties & Civil Rights Fall Journal Write-On Competition

The Texas Journal on Civil Liberties and Civil Rights invites you to participate in its Fall 2007 write-on competition. We are seeking
1Ls and 2Ls with outstanding writing and editing skills and a demonstrated interest in civil liberties and civil rights.

The Texas Journal on Civil Liberties and Civil Rights publishes articles that examine the intersection of law, politics, and society
within the area of civil liberties and civil rights. These articles are written by judges, lawyers, professors, and students and
published in conjunction with the Individual Rights and Responsibilities Section of the State Bar of Texas.
Originally founded in 1992, the journal is now one of the nation s most cited specialty law journals on human rights by courts.

Membership on the journal provides students with a valuable opportunity to develop and hone their legal research and writing skills.
Further, members enjoy a number of other activities including a spring symposium, social events, and opportunities to network with
professionals in the community.

If you are interested in applying for membership on the Journal, please contact Lydia Zakhari at lzakhari@mail.utexas.edu or pick up
an application at the circulation desk in the atrium. The application deadline is this Friday September 14, 2007 at 5:00 PM.



 

September 5, 2007
American Journal of Criminal Law Fall Write-on

The American Journal of Criminal Law is seeking new members. If you are interested in joining, please submit a resume and
writing sample to the Journal before noon on 9/21. Submissions should be delivered to the AJCL mailbox in the
Communications Center.

If you have any questions, please contact Deirdre Ewing at managing.ajcl@gmail.com.


 

 

September 5, 2007
Texas Hispanic Journal of Law & Policy First Meeting Today

Hi Everyone,
Just a reminder that today Texas Hispanic Journal of Law & Policy is having it's first meeting for this year.
Please join us to meet the members of the Journal and discuss the plans for this year.
If you are not a member of the Journal, but are interested in joining, please come.

The meeting will be at the Journal's office (Room 4.13a) and will be relatively short. After the meeting we'll head over to Posse East.

If you cannot attend the meeting, please contact Roland (roland.j.garcia@gmail.com).