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CURRENT LOCATION: Publications - Latest Releases and News - SEPTEMBER 2008 THRU AUGUST 2009


September 1, 2008 thru August 31, 2009
What's New at The University of Texas School of Law Publications

August, 2009



August 26, 2009
Student Organization Fair on September 1st!
The SBA's Student Organization Fair will be held in the atrium on September 1st from 11:30 to 1:30! Come meet representatives from the all the student organizations and have some free pizza! for questions contact Michael [email].





August 24, 2009
Texas Journal on Civil Liberties & Civil Rights [more info]
Fall Write-On
The Texas Journal on Civil Liberties and Civil Rights will be accepting fall write-on applications for journal membership. 1Ls, 2Ls, and 3Ls are all welcome to apply. Applications are due September 4th at 5 p.m. and should include a writing sample (a non-legal writing sample is fine), resume, and one-paragraph statement of interest. Applications may be submitted at the Communications Center or the TJCLCR office, TNH 4.302.For questions, please contact Kaitlin Farrell [email] or Maggie Brock [email], Editors in Chief.






American Journal of Criminal Law [more info]
Volume 35, Number 2, Spring 2008 - click here to order this issue.
Toward a Viable Policing Model for Closed Religious Communities, 107
Tamara N. Lewis Arredondo

An Overdose of Dangerousness: How "Future Dangerousness" Catches the Least Culpable Capital Defendants and Undermines the Rationale for the Executions It Supports, 145
Meghan Shapiro

Conquering Peace: Military Commissions as Lawfare Strategy in the Mexican War, 201
Erika Myers




Texas Environmental Law Journal [more info]
Volume 38, Number 4, June 2009 - click here to order this issue.
The "Public Interest" Factor in Waste Disposal Well Permitting, 229
David Frederick, Tracy Franklin, and Emily Collins
When Silence Speaks 1,000 Words: Negative Commerce Clause Restrictions on Water Regulations and the Case of Tarrant Regional Water District v. Herrmann, 239
Kristen Maule
Recent Developments

Air Quality, 269
John B. Turney, Holley Simons

Natural Resources, 271
Aileen M. Hooks, Emily Sysak

Solid Waste, 276
Ali Abazari, Tyler Vance Water

Quality & Utilities, 279
Emily Rogers, Simone Salloum

Water Rights, 281
Howard S. Slobodin, Julie Urice

Casenotes: Federal, 283
Deborah Clarke Trejo, Adrian Shelley

Casenotes: State, 286
Howard S. Slobodin, Cleve Burke

Publications, 289
Timothy A. Wilkins, Rebecca Brice

State Bar Section News, 293




July, 2009


Texas Hispanic Journal of Law & Policy [more info]
Volume 15, Number 1, Spring 2009 -
click here to order this issue.
Latino Focus
Pablo Javier Almaguer, 1
Veronica Reyes
Rethinking Equality: National Identity and Language Rights in the United States, 7
Tamar Brandes

Am I my Brother's Keeper?: Immigration Law Reform and the Liberty that is America
(A Legal, Theological and Ethical Observation on the Debate of Allowing Immigration Amnesty), 51

Rev. Craig Kyle Hemphill, Esq.

Racial Profiling: Who is the Executioner and Does He Have a Face?, 71
Michal Tamir
Tierra Sin Dueños: The Effect of Cuba's Foreign Investment Scheme on United States' Certified Property Claims, 93
Megan Elizabeth Haas




Texas Law Review
Volume 87, Number 7, June 2009.

What, If Anything, Do We Know About Constitutional Design?

Foreword: "I Read the News Today, Oh Boy?": The Increasing Centrality of Constitutional Design, 1265
Sanford Levinson

I. Theories of Constitutional Design

Constitutional Horticulture: Deliberation-Respecting Judicial Review, 1273
William N. Eskridge, Jr. & John Ferejohn

Designing a Constitution: Of Architects and Builders, 1303
Walter F. Murphy

The "Design Sciences" and Constitutional "Success", 1339
Ran Hirschl

II. Presidentialism, Parliamentarism, and the Role of Opposition Parties

Making Presidential and Semi-presidential Constitutions Work, 1375
José Antonio Cheibub

The Second American Revolution in the Separation of Powers, 1409
David Fontana

III. Designing a Judiciary

Ancillary Powers of Constitutional Courts, 1431
Tom Ginsburg & Zachary Elkins

The Strange Cases of Marbury and Lochner in the Constitutional Imagination, 1463
Miguel Schor

IV. Constitutional Change

Constitutional Workarounds, 1499
Mark Tushnet

Malleable Constitutions: Reflections on State Constitutional Reform, 1517
Bruce E. Cain & Roger G. Noll

V. Lessons of Experience in the Enterprise of Constitutional Design

The Anatomy of a Conservative Court: Judicial Review in Japan, 1545
David S. Law

Constitutions, Elections, and Election Law, 1595
Peter C. Ordeshook

A Constitution Without Constitutionalism: Reflections on Iraq's Failed Constitutional Process, 1627
Feisal Amin Rasoul al-Istrabadi

Constitutionalism Before Constitutions: Burma's Struggle to Build a New Order, 1657
David C. Williams





Texas Review of Law & Politics
Volume 13, Number 2, Spring 2009 - click here to order this issue.


Not All Violence is Commerce: Noneconomic, Violent Criminal Activity, RICO, and Limitations on Congress Under the
Post Raich Commerce Clause, 187
Kenton J. Skarin

Pakistan's Ultimate Nightmare Scenario: Preventing Islamic Extremists from Acquiring Nuclear Weapons, 223
Vikram Jagadish

The Supreme Court's Perversion of Equality, 283
Robert E. Hayes

RLUIPA and Eminent Domain: How a Plain Reading of a Flawed Statute Creates an Absurd Result, 311
Kenneth G. Leonczyk, Jr.

On the Freedom of a Congregation: Legal Considerations when Lutherans Look to Change Denominational Affiliation, 365
Daniel R. Suhr

Identity Burglary, 401
Michael J. Stephan, Shane Pennington, Guha Krishnamurthi & Jon Reidy

Book Review

Book Review, 419
Kevin R. C. Gutzman

The Invisible Constitution
Laurence H. Tribe.
Oxford University Press, 2008. Pp. 278. $19.95.





Texas Journal on Oil, Gas, & Energy Law
Volume 4, Number 2, 2008-2009 - click here to order this issue.


A Primer on Oil and Gas Law, 155
George A. Bibikos and Jeffrey C. King

Why Have Developers Been Powerless to Develop Ocean Power? 195
Sarah McQuillen Tran

Financing of Oil and Gas Transactions, 223
Jeffrey S. Muñoz

Project Financing & Political Risk Mitigation: The Singular Case of the Chad-Cameroon Pipeline, 269
Stephen V. Arbogast

The Implied Covenant to Market: A Few Years Later, 299
Scott Lansdown

Note & Comment

Texas Tug of War: A Survey of Urban Drilling and the Issues on Operator Will Face, 337
Billie Ann Maxwell

Recent Developments

Recent Developments in Texas and United States Energy Law, 363
Contributions from
Diana M. Liebmann
Philip H. Peacock
James M. Prince
Evan N. Turgeon





Texas Law Review   [more info]
Volume 87, Number 6, May 2009
The Limits of Administrative Guidance in the Interpretation of Tax Treaties, 1063
Michael S. Kirsch

Rethinking Adequacy of Representation, 1137
Jay Tidmarsh
The Vanishing Book Review in Student-Edited Law Reviews, 1205
Sanford Levinson
Institutional Rights, Individual Litigants: Standing to Sue Under the Press Clause, 1223
Russell H. Falconer

Ripping Holes in the Dragnet: The Failings of U.C.C. § 9-204(c) as Applied to Consumer Transactions, 1249
Ryan A. Hackney




June, 2009

June 23, 2009
The University of Texas School of Law Publications 2009-2010 Price List is now available!

Prices for all our titles for the coming 2009-2010 academic year are now available. Click here for details.







The Trouble With Putting All of Your Eggs in One Basket: Using a Property Rights Model to Resolve Disputes Over
Cryopreserved Pre-Embryos, 143
Bridget M. Fuselier

Nowhere to Hide: Overbreadth and Other Constitutional Challenges Facing the Current Designation Regime, 193
Ilya Podolyako


When Money is Tight, is Strict Scrutiny Loose?: Cost Sensitivity as a Compelling Governmental Interest Under the Religious Land
Use and Institutionalized Persons Act of 2000, 237
Aaron K. Block

Check Your Identity-Baggage at the Firm Door: The Ethical Difficulty of Zealous Advocacy in Bias-Ridden Courtrooms, 261
Elina Tetelbaum






The Right of Trial by Jury in Patent Infringement Cases, 735
B.D. Daniel

Approaching the Global Arbitration Table: Comparing the Advantages of Arbitration as Seen by Practitioners in East Asia and the West, 791
Shahla F. Ali

Choice of Forum in Securities Class Actions: Confronting "Reform" of the Securities Act of 1933, 845
Matthew O'Brien


Exclusive Separability? Arbitrability and the Contract Formation Defense, 913
Michael H. Brady

Deliberate Indifference Under §1983: Doe the Courts Really Care?, 953
Gavin Justiss

Approximating Due Process, 983
Chris Scaperlanda



May, 2009


Reasonableness and Objectivity: A Feminist Discourse of the Fourth Amendment, 153
Dana Raigrodski

The Path to Gender Justice in the Inter-American Court of Human Rights, 227
Patricia Palacios Zuloaga


Coming Out of the Water Closet: The Case Against Sex Segregated Bathrooms, 297
Alex More

the Case for Pro-Choice Participation in Drafting Fetal Homicide Laws, 317
Mary Beth Hickcox-Howard





Corporate Groups and Cross-Border Bankruptcy, 521
Harry Rajak

Oversight and Financing of Cross-Border Business Enterprise Group Insolvency Proceedings, 547
Janis Sarra

Of Herring and Sausage: Nordic Responses to Banking Crisis as Examples for the United States, 577
William F. Stutts & Wesley C. Watts

Anti-Offshoring Legislation and United States Federalism: The Constitutionality of Federal and State Measures Against Global
Outsourcing of Professional Services, 629
Amar Gupta & Deth Sao


the Other Establishment Clause: The Misunderstood Minimum Threshold for Recognition, 665
Travis Wofford






Conditions and Covenants in License Contracts: Tales From a Test of the Artistic License, 335
Robert W. Gomulkiewicz

Finding a Foundation: Copyright and the Creative Act, 363
Darren Hudson Hick

Inequitable Conduct: Shifting Standards for Patent Applicants, Prosecutors, and Litigators, 385
Kate McElhone, Ph.D.

Of Mice and Men: Why an Anticommons Has Not Emerged in the Biotechnology Realm, 413
Chester J. Shiu

State Bar Section News, 457






Standing Mute at Arrest as Evidence of Guilt: The "Right to Silence" Under Attach, 1
Frank R. Herrmann & Brownlow M. Speer

Creating Sex Offender Registries: The Religious Right and the Failure to Protect Society's Vulnerable, 23
Steven R. Morrison


Prosecuting Batterers in the Wake of Davis and Hammon, 91
Deirdre Ewing





U.S. Participation in Private International Law Negotiations: Why the UNICITRAL Convention on Contracts for the International
Carriage of Goods Wholly or Partly By Sea Is Important to the United States, 269
Mary Helen Carlson

Uniform Law for International Transport at UNCITRAL: New Times, New Players, and New Rules, 277
Jose Angelo Estrella Faria

The UNCITRAL Convention on Carriage of Goods by Sea: Harmonizing or De-Harmonization, 321
Johan Schelin

The Liability of the Contracting Carrier, 329
Alexander von Ziegler

The Comprehensive Coverage of the New Convention: Performing Parties and the Multimodal Implications, 349
Tomotaka Fujita

Chapter 10 of the Rotterdam Rules: Control of Goods in Transit, 375
Gertjan van der Ziel

Electronic Commerce Provisions in the UNCITRAL Convention on Contracts for the International Carriage of Goods Wholly or
Partly by Sea, 387
Manuel Alba

Forum Selection and Arbitration in the Draft Convention on Contracts for the International Carriage of Goods Wholly or
Partly by Sea, or the Definition of Fora Conveniens Set Forth in the Rotterdam Rules, 417
Chester D. Hooper

Modernizing and Reforming U.S. Maritime Law: The Impact of the Rotterdam Rules in the United States, 427
Michael F. Sturley


The Okinawa Dugong and the Creative Application of U.S. Extraterritorial Environmental Law, 457
Lauren Jensen Schoenbaum


Resolution Adopted by the General Assembly, United Nations Convention on Contracts for the International Carriage
of Goods Wholly or Partly by Sea ("Rotterdam Rules"), 479



April, 2009


Breakfast Tacos from TRoLP in the atrium this Thursday!

The Texas Review of Law & Politics [homepage] is handing out breakfast tacos in the atrium this Thursday from 10 AM to noon. All students interested in
joining TRoLP next year should come by to get information about the optional TRoLP-specific write-on, which has a later deadline than the All-Journal write-on.
Students may also apply to join TRoLP through the All-Journal write-on competition.

The Texas Review of Law & Politics is one of the most influential conservative/libertarian legal journals in the nation. The US Supreme Court cited a TRoLP article
in D.C. v. Heller, and UT's two most recent US Supreme Court clerks were members of TRoLP while in law school.

Who: Texas Review of Law & Politics [homepage].
What: Journal members will be handing out breakfast tacos and taking questions about journal membership.
When: Thursday, April 30, 2009.
Where: Susman Godfrey Atrium 2.100 [Law School map].





The Sound of Silence: Holding Batterers Accountable for Silencing Their Victims, 857
Tom Lininger

Putting Probability Back into Probable Cause, 913
Max Minzner
Book Review
Three Theories of Religious Equality . . . and of Exemptions, 963
Abner S. Greene
Liberty of Conscience: In Defense of America's Tradition of Religious Equality Religious Freedom and the Constitution Culture and Equality: An Egalitarian Critique of Multiculturalism
The Need for a Refined Balancing Approach When American Discovery Orders Demand the Violation of Foreign Law, 1009
Keith Y. Cohen

Current Case: American Council of the Blind v. Paulson—U.S. Currency and Disability-Discrimination Law, 1045
Emily Baker Falconer






What's New in Asbestos Litigation?, 501
Mark A. Behrens

International Investor-State Arbitration: An Empirical Analysis of ICSID Decisions on Jurisdiction, 559
Kathleen S. McArthur and Pablo A. Ormachea

Lessons that Wrongful Death Tort Law Can Learn from the September 11th Victims Compensation Fund, 595
Brian Walker


Rethinking Selective Waiver: The Argument for Mandatory Disclosure, 629
Matthew Altemeier

Parallel Litigation in Foreign and Federal Courts: Is Forum Non Conveniens the Answer?, 659
Kimberly Hicks

Liability of Catholic Parishes in America: What Went Wrong and How to Fix It, 707
Paul Madrid




  • American Journal of Criminal Law
    Grade-on/Write-on. DEADLINE: Wed, April 29, 2009, 3:00PM.

    The American Journal of Criminal Law (AJCL) [homepage] is accepting applications for Summer Staff. Students may apply by submitting their resume
    and a writing sample (memos written for 1L classes are fine). Students who received an A or higher in Criminal Law may apply by submitting their
    resume and unofficial transcript and will automatically receive offers.

Applications are due by 3:00 PM on Wednesday, April 29, and should be e-mailed to Lauren Weiser at

Who: American Journal of Criminal Law [homepage].
What: Applications accepted for Summer, 2009 editorial staff.
When: Deadline is Wednesday, April 29, 2009. 3:00pm.
Where: e-mailed to Lauren Weiser at

For more information about AJCL, please visit our web site at





  • Texas Law Review
    All Journal Write-On Information Session—Tuesday, April 21st at 3:30 P.M. in the Auditorium (2.114).

    There will be an information session next Tuesday, April 21st at 3:30 P.M. in the Auditorium (2.114) for 1Ls and 2Ls interested in joining a journal
    through the write-on. Although this meeting is not mandatory for participation in the write-on, there will be useful information about the logistics
    and timing of the process.

Each journal will have a representative to talk about what it is like being a member of their journal.

Who: Texas Law Review [homepage].
What: Annual Information Session for 1L's and 2L's interested in joining a journal.
When: Tuesday, April 21, 2009. 3:30pm.
Where: Charles I. Francis Auditorium 2.114 [Law School map].

Questions, please contact Guha Krishnamurthi (




  • Texas Environmental Law Journal
    Join TELJ Early! DEADLINE: Thursday, April 23

    The Texas Environmental Law Journal [info] is taking applications for members who would like to join this summer. This is a chance to join TELJ
    before the summer write on. We have an ambitious plan for TELJ next year, and we’re all really excited about it. Journal experience is also great
    to have on a resume.

Anyone who is interested should submit:

-Writing Sample (1Ls, send your LRW discussion section)
-Short statement of why you’d like to join TELJ

To me, Adrian Shelley,

If you join now, you have an opportunity to be on the summer staff, and you don’t have to do the write on. Sounds like a pretty good deal.
Also, anyone who becomes a member now has the chance to apply for an Associate Editor position that begins this summer.
Applicants must be living in Austin this summer.

Let me know if you are interested in the position. Current members may apply as well.

Please submit you application by Thursday, April 23.





Scrutinizing the "Scorpion Problematique": Arguments in Favor of the Continued Relevance of International Law and a
Multidisciplinary Approach to Resolving the Nile Dispute, 1
Fasil Amdetsion

State Responsibility and Antitrust in the Energy Charter Treaty: Socialization vs. Liberalization in Bilateral Investment Relations, 45
Theocharis N. Grigoriadis

Civilian Military Contractors on Trial: The Case for Upholding the Amended Exceptional Jurisdiction Clause of the Uniform Code of
Military Justice, 65
David Snyder


The Modern-Day Slave Trade: How the United States Should Alter the Victims of Trafficking and Violence Protection Act in Order
to More Effectively Combat International Sex Trafficking, 99
Melissa Holman



Sovereign Impunity: Does the Foreign Sovereign Immunities Act Bar Lawsuits Against the Holy See in Clerical Sexual Abuse Case?, 123
Lucian C. Martinez, Jr.

The Emergence of Terrorism as a Distinct Category of International Law, 157
Daniel Moeckli

Credibility Assessments and the REAL ID Act's Amendments to Immigration Law, 185
Scott Rempell


The Mouse That Roared: Implications of the WTO Ruling in US-Gambling, 233
Mitchell E. Kilby








Women of TLR Roundtable meeting Tuesday, April 14, 2009, 5:00pm to 7:00pm (free dessert!)

The women of Texas Law Review [homepage] will host a roundtable event for women interested in the write-on process and membership on law review.
There will be casual conversation about our experiences on TLR. 1Ls and 2Ls interested in becoming members of law review can come ask questions of
and talk to current members between 5:00 and 7:00 P.M. on Tuesday, April 14th in the Tom Clark Lounge.

Attendance at this event is not mandatory for participation in the write-on competition, it is intended to be purely a social event for those interested in law review.

Dessert will be provided.

Who: Texas Law Review [homepage].
What: Women of TLR Roundtable meeting with 1L's and 1L's interested in becoming law review members. Informal, casual.
When: Tuesday, April 14, 2009.
Where: Tom Clark Lounge 2.103 [Law School map].

Questions? Please contact Kat Hacker at






Antitrust Law and Regulatory Gaming, 685
Stacey L. Dogan & Mark A. Lemley

Understanding Legal Realism, 731
Brian Z. Tamanaha

Book Review

To Here from Theory in Election Law, 787
Michael S. Kang

The Democracy Index: Why Our Election System is Failing and How To Fix It


The OCC's Exclusive Visitorial Authority over National Banks After Clearing House Ass'n v. Cuomo, 811
Matthew J. Nance

Threading the Needle: Intermediate-Scope Broadening Reissue Claims and the Recapture Rule, 827
Anthony M. Petro






Carbon Capture and Storage Project Development: An Overview of Property Rights Acquisition, Permitting, and Operational
Liability Issues, 169
Thomas A. Campbell, Robert A. James, and Julie Hutchings


Massachusetts v. EPA: Standing Up for States' Rights in the Battle over Climate Change, 187
Cleve Burke

Recent Developments

Solid Waste, 211
Ali Abazari, Emily Meador

Water Quality & Utilities, 213
Emily Rogers, Thomas Appleman

Water Rights, 215
Robin Smith, Kelly Davis

Casenotes: Federal, 218
Deborah Clarke Trejo, David DeLaCerda

Casenotes: State, 221
Howard Slobodin, Jeffrey J. Russell

Publications, 223
Timothy Wilkins, Julie Urice

State Bar Section News, 227




March, 2009


The Texas Environmental Law Journal (TELJ) is accepting applications! APPS DUE: FRIDAY, APRIL 3, 2009.

The Texas Environmental Law Journal [homepage] is still accepting applications for the 2009-2010 (Summer, Fall, Spring) school year, including summer staff.

Please submit an application with the following to the TELJ box in the Communications Center by Friday, April 3rd:
1. Resume (including email and phone number)
2. Writing sample (up to 10 pages)
3. Paragraph detailing your interest in joining the Journal.

Please direct questions to the Journal,





"If You Don't Aim to Please, Don't Dress to Tease" and Other Public School Sex Education Lessons Subsidized by
You, the Federal Taxpayer, 1
Jennifer L. Greenblatt

The Twenty-Sixth Amendment: Resolving the Federal Circuit Split Over College Students' First Amendment Rights, 27
Kelly Sarabyn


After PICS: Making the Case for Socioeconomic Integration, 95
Nancy Conneely

Analysis: The Religious Viewpoints Antidiscrimination Act, 127
Argyrios Saccopoulos





The Texas International Law Journal [homepage] is now accepting applications from 1Ls for its summer staff.  TILJ is the second largest and second
oldest UT law journal, and it is the fourth oldest student-run international law journal in the nation.  TILJ is well known for its relaxed atmosphere and
fun social events.

Stop by the TILJ table in the atrium during the week of March 23 to learn more about the journal and pick up an application.  
Applications and more information are currently available in the TILJ office, room 4.129 [Law School map].  
Applications are due Monday, March 30 at 5:00, and applicants should sign up for an interview in the TILJ office after turning in their applications.

Contact with questions.





Unpatentable Drugs and the Standards of Patentability, 503
Benjamin N. Roin

Recidivism as Omission: A Relational Account, 571
Youngjae Lee

Book Review

Violent Science, 623
Lisa Heinzerling

Bending Science: How Special Interests Corrupt Public Health Research


Weak Courts on Steroids: Improving Weak-Form Judicial Review, 639
Brett max Kaufman

Foreign Direct Investment and National Security Post-FINSA 2007, 663
Christopher M. Weimer





The Texas Environmental Law Journal [homepage] invites you to participate in their Spring Write On. Please submit a resume, writing sample up to 10 pages, and a
paragraph on your interest in the journal by Wednesday, March 11th at 3pm to the TELJ box in the Communications Center. If you're interested in learning more
about the Journal, please visit

Please direct questions about the Journal and the application process to Courtney Davis,








Applicants for TIPLJ [homepage] must be in good academic standing and either a 2L or a 3L at the University of Texas School of Law during the
2009-10 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) [Law School map] or the Susman Godfrey Atrium's
Communications Center 2.101 [Law School map]
or downloaded from our website at (Membership > Join TIPLJ).

Applications are due Friday, March 13, 2009 at 12:00pm in the TIPLJ office 4.134B or the TIPLJ Mailbox in the Atrium Communications Center.
Feel free to come by the office or e-mail if you have any questions.





Please join us for the Texas Journal on Civil Liberties and Civil Rights’ 2009 Symposium, "Voting Rights in a New Administration." The Symposium will be
held on Monday, March 9, 2009, at the University of Texas School of Law, and will provide an opportunity to examine recent and upcoming election law
cases before the Roberts Court, as well as preview the impact that the Obama administration and a new Department of Justice will have on election law
and voting rights issues.

The Symposium schedule is as follows:

Lunch and Keynote Address
11:30 am - Sheffield Room, 2.111 [Law School map]
Speaker: Robert Kelner, Chair of Covington and Burling’s Election and Political Law Practice Group [bio]

Panel: "Crawford, Texas Redistricting, and Beyond: Are Facial Challenges Dead in Election Law?”
1:00-2:30 pm - Eidman Courtroom, 2.306 [Law School map]
Robert Kelner, Covington and Burling, [company profile]
Joshua Douglas, Law Clerk for Judge Edward Prado, 5th Circuit
Renea Hicks, Austin practitioner
Moderated by Stefanie Lindquist, The University of Texas School of Law

Panel: "Northwest Austin Municipal Utility District No. 1 and the Future of the Voting Rights Act"
2:45-4:15 pm - Eidman Courtroom, 2.306 [Law School map]
Steve Bickerstaff, The University of Texas School of Law [homepage]
Christian Ward, Yetter Warden and Coleman, LLP [company profile]
Moderated by Stefanie Lindquist, The University of Texas School of Law

CLE credit: 3 hours.
For more information, please visit our website at

We look forward to seeing you!





The Texas Intellectual Property Law Journal (TIPLJ) [homepage] is offering interested 1L and 2L students the opportunity to avoid the write-on application
process by joining TIPLJ as a Summer Staff Editor. Summer Staff Editors are responsible for helping in all aspects of the editing and publishing process,
performing special projects related to the Journal and IP Law at UT, and assisting in planning speaker series, social events, and the Eleventh Annual
Intellectual Property Law Symposium (to be held in 2010).

For those students interested in writing onto the Journal, TIPLJ will still participate in the traditional write-on process at the conclusion of finals.

The application can be downloaded at:







Terror on Trial: Civil Litigation and the War on Terror, 295


Commentary on the Terror on Trial Symposium, 297
John J. Gibbons


Civil Litigation Against Terrorists and the Sponsors of Terrorism: Problems and Prospects, 315
John F. Murphy

The Political Question Doctrine and Civil Liability for Contracting Companies on the "Battlefield", 343
Jeffrey F. Addicott

Stretching Precedent Beyond Recognition: The Misplaced Reliance on World War II Cases in the "War on Terror", 365
Jonathan Hafetz

Finding the Tort of Terrorism in International Law, 381
Beth Van Schaack

Extraordinary Rendition and the Constitution: The Case of Maher Arar, 479
Jules Lobel






Trade Secret Prices and High-Tech Devices: How Medical Device Manufacturers are Seeking to Sustain Profits by
Propertizing Prices, 187
Annemarie Bridy

The Search Engine Advertising Market: Lucrative Space or Trademark Liability?, 223
Jonathan J. Darrow and Gerald R. Ferrera

Global Warming Trend? The Creeping Indulgence of Fair Use in International Copyright Law, 267
Richard J. Peltz

Plain Language Patents, 289
Robin Feldman

If You Ain't Cheating You Ain't Trying: "Spygate" and the Legal Implications of Trying Too Hard, 305
Samuel J. Horovitz

State Bar Section News, 333




February, 2009


TJCLCR invites all students and members of the UT Law Community to attend our 15th Annual Symposium, being held Monday, March 9,
in the Sheffield Room and Eidman Courtroom. This year's symposium will focus on recent and upcoming developments in election law, including the
Texas redistricting case, voter identification laws, and the challenge to the preclearance requirement in Section 5 of the Voting Rights Act.

Who: Texas Journal on Civil Liberties and Civil Rights [homepage].
What: 2009 Symposium, "Voting Rights in a New Administration".
When: Monday, March 9, 2009.
Where: (11:30 am) Sheffield Room 2.111 and (1:00-4:30 pm) Eidman Courtroom 2.306 [Law School map].
CLE Credit: 3 hours- 2 panels

Speaker and registration information can be found at




  • Texas Review of Entertainment and Sports Law
    Applications due by Friday, February 27 at 5:00 p.m.

    The Texas Review of Entertainment and Sports Law [homepage] is now accepting applications for those wishing to become Staff Editors for the 2009-2010
    school year.
    Applications are available at the Communications Center in the Atrium or at Please submit them either to the TRESL mailbox in the
    Communications Center or via e-mail to Applications are due by Friday, February 27 at 5:00 p.m.





Is There a Relationship Between Guns and Freedom? Comparative Results from Fifty-Nine Nations, 1
David Kopel, Carlisle Moody & Howard Nemerov

The Protect America Act of 2007: A Framework for Improving Intelligence Collection in the War on Terror, 43
Jeffrey F. Addicott & Michael T. McCaul

Original Intent, Timetables, and Iraq: The Founders' Views on War Powers, 73
Michael Sevi

Federalism, Abortion, and the Original Meaning of the Fourteenth Amendment Enforcement Power: Can Congress Ban
Partial-Birth Abortion After Carhart? 105
Keith S. Alexander

A Matter of Life and Death: Statutory Authority Enabling Sobriety Checkpoints to Effectively Fulfill Their Public Safety Role, 139
Christopher J. Bodnar

Book Review

Book Review, 163
Leslie H. Southwick

The Appeal







  • Texas Intellectual Property Law Journal
    February 6 (Fri), 10am - through the afternoon.

    TIPLJ [homepage] invites all students to attend the 10th Annual IP Symposium being held this Friday in Eidman Courtroom and Jamail Pavilion.
    There are many great talks lined up, including Judge Farnan from the US District Court of Delaware. You can come and go as you please — you might even
    network with some attorneys during breaks (10:35 AM - 10:45 AM, 11:55 AM - 12:05 PM, 1:05 PM - 1:15 PM, 3:15 PM - 3:25 PM).

The reception at 5:30 at 219 West is for TIPLJ members only, as is the luncheon at 12:05. Aside from that, the event is open to everybody.
Business casual attire would be appropriate. More information, including speaker biographies, can be found at

vWho: Texas Intellectual Property Law Journal.
What: 10th Annual IP Symposium.
When: February 6, 2009 (Fri).
Where: Eidman Courtroom 2.306 and Jamail Pavilion 2.300 [Law School map].
Cost: FREE! Reception and luncheon are available for student journal members only.
For more information about this event, please contact the Journal at




  • Texas International Law Journal
    February 5 (Thurs) 2:30-5pm.

    Professor Jay Westbrook [profile] and the Texas International Law Journal [homepage] present:

    "An International Boatload of Trouble: Multinational Enterprise Groups in Financial Distress"

Leading international insolvency experts, Professor Janis Sarra, University of British Columbia, Director of the National Centre for
Business Law [profile] and Harry Rajak, Emeritus Professor, Sussex Law School [profile] will discuss the complex and important problems that arise
when a multinational enterprise with subsidiaries in dozens of countries (e.g. Lehman, GM) seeks reorganization or the sale of the global business.

Who: Professor Jay Westbrook and TILJ host Professors Janis Sarra and Harry Rajak.
What: Discussing problems arising from multinational reorganization or sale.
When: February 5, 2009 (Thurs).
Where: Sheffield Room 2.111 [Law School map].
Cost: FREE! Coffee and pastries will be available.
For more information about this event, please contact the Journal at



January, 2009



Twombly: The Demise of Notice Pleading, the Triumph of Milton Handler, and the Uncertain Future of Private Antitrust Enforcement, 1
Edward D. Cavanagh

The Enigma of Standing Doctrine in Texas Courts, 35
William V. Dorsaneo, III

Rigorous Analysis of the Class Certification Expert: The Roles of Daubert and the Defendant's Proof, 71
Heather P. Scribner

The Curious Appellate Judge: Ethical Limits on Independent Research, 131
Elizabeth G. Thornburg


Changing With the Times: How the Government Must Adapt to Prevent the Publication of Its Secrets, 203
Doug Meier

Patent Claim Construction: A Sliding-Scale Standard of Review, 241
Laura Mullendore






The American Journal of Criminal Law [homepage] is pleased to announce the Spring 2009 write-on/grade-on , beginning Wednesday, January 21 and
ending Friday, January 30. Applying for membership can be accomplished through grading on (for those who received a Grade of A or higher in the
1L Criminal Law class, simply submit your unofficial transcript and a resume) or writing on (by submitting a resume and a writing sample).

All documents should be submitted to

The American Journal of Criminal Law offers early opportunities for advancement. New staff members will have the chance to gain editorial board positions
before Fall OCI. We are also a respected criminal law journal, and we have been cited by the U.S. Supreme Court as late as last year.

Any questions regarding the write-on/grade-on process can be directed to






The Growing Demand for Oil and Gas and The Potential Impact Upon Rural Land, 1
Ernest E. Smith

Carbon Dioxide Sequestration—Transportation, Storage, and Other Infrastructure Issues, 27
Larry Nettles and Mary Conner

Arbitration of Venezuelan Oil Contracts: A Losing Strategy?, 55
Emily A. Witten

Note & Comment

Social and Regulatory Control of Wind Energy—An Empirical Survey of Texas and Kansas, 89
Ryan Thomas Trahan

Recent Developments

Recent Developments in Texas, United States, and International Energy Law, 111
Contributions from Commissioner Victor G. Carrillo, Pablo A. Ormachea, Steve Zhang and Paul Saydak




December, 2008




The Separation and Overlap of War and Military Powers, 299
Saikrishna Bangalore Prakash

Intellectual Privacy, 387
Neil M. Richards
Book Review
What Consequences Do Ideas Have? 447
Mark Tushnet
The Rise of the Conservative Legal Movement: The Battle for Control of the Law
The Military, Freedom of Speech, and the Internet: Preserving Operational Security and Servicemembers' Rights
of Free Speech, 463
Danley K. Cornyn

When is a Dog Really a Duck?: The True-Sale Problem in Securities Law, 487
Michael Gaddis





Latino Focus

In Recognition of Nina Perales: Southwest Regional Counsel, MALDEF, 1
Edward Sandoval


Criminal Gangs in Latin America: The Next Great Threat to Regional Security and Stability?, 7
Luz E. Nagle

Los Derechos Reproductive de las Latinas y los Acuerdos Comerciales de Maternidad Subrogada, 29
Glenda Labadie-Jackson

The Reproductive Rights of the Latinas and Commercial Surrogacy Contracts—English Translation, 49
Glenda Labadie-Jackson


Municipal Overreaching: Federal Preemption as it Applies to Town Ordinances Outlawing the Rental of Housing to Undocumented Aliens, 69
Hayden O'Byrne






An Indelicate Imbalance: A Critical Comparison of the Rules and Procedures for Military Commissions and Courts-Martial, 315
David J.R. Frakt

To Panetti and Beyond—Defining and Identifying Capital Offenders Who Are Too "Insane" to be Executed, 369
Peggy M. Tobolowsky


Dictation Method: Do Dictated Handwriting Exemplars Provide for Testimonial Evidence Protected by the Fifth Amendment? 433
Yamil Farid Yunes




December 8, 2008
2009 Texas Journal of Oil, Gas & Energy Law Symposium, Thurs-Fri, January 22-23.

Who: Texas Journal of Oil, Gas & Energy Law [symposium homepage].
What: Presentations by leading oil, gas, and energy attorneys as well as the faculty of The University of Texas School of Law.
When: January 22-23, 2009 (Thurs, Fri).
Where: Thompson Conference Center [Campus map]. Across the street from The Law School.

CLE Credit: 12 hours, including 1 ethics hour.
Cost: FREE! Breakfast and lunch provided bother days.
For more information about this event, please contact the Journal at




Jacobus tenBroek Law Symposium
National Federation of the Blind Jernigan Institute
Baltimore, Maryland

Keynote Address

Jacobus tenBroek Law Symposium Keynote Address, 157
Marc Maurer


Jacobus tenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, 167
Michael Ashley Stein & Janet E. Lord

The ADA Amendments Act of 2008, 187
Chai R. Feldblum, Kevin Berry & Emily A. Benfer

Restoring the ADA and Beyond: Disability in the 21st Century, 241
Robert L. Burgdorf, Jr.

"The Right to Live in the World": Disability Yesterday, Today, and Tomorrow, 367
Peter Blanck


Strategic Advocacy in Fulfilling the Goals of Disability Policy: Is the Only Question How Full the Glass Is? 403
Laura Rothstein

"Through the Wild Cathedral Evening": Barriers, Attitudes, Participatory Democracy, Professor tenBroek, and the Rights
of Persons with Mental Disabilities, 413
Michael L. Perlin




November, 2008


In Memoriam: Professor Roy Mersky

Tribute to Professor Roy Mersky, 1
Ernest E. Smith


Individual Rights Under State Constitutions when the Fourteenth Amendment Was Ratified in 1868: What Rights Are Deeply Rooted in
American History and Tradition? 7
Steven G. Calabresi & Sarah E. Agudo

Misbehavior and Mistake in Bankruptcy Mortgage Claims, 121
Katherine Porter

Book Review

What Do Judges Want? 183
Frank B. Cross

How Judges Think


Globalization's Erosion of the Attorney—Client Privilege and What U.S. Courts Can Do to Prevent It, 235
Stephen A. Calhoun

"A Meaningless Ritual": How the Lack of a Postconviction Competency Standard Deprives the Mentally Ill of
Effective Habeas Review in Texas, 267
Hannah Robertson Miller






The Future of Inline Web Designing After Perfect 10, 1
Lee Burgunder and Barry Floyd

Fragging the Patent Frags: Restricting Expressed Sequence Tag Patenting Using the Enablement-Commensurate-In-Scope-With-The-Claims
Requirement, 49
Kevin T. Kelly

Dumb Investors Rejoice: How Daiichi Sankyo v. Apotex Violated the Federal Patent Statute, 81
Nicholas J. Gingo

Goldilocks and the Three Federal Dilution Standards: An Empirical Review, 101
Justin J. Gunnell

State Bar Section News, 183




November 18, 2008
Breakfast tacos in the Susman Godfrey Atrium!
—Tuesday, November 18, 10:00am to 12:00noon

The Texas Review of Law & Politics [homepage] will have breakfast tacos in the Susman Godfrey Atrium 2.100 [map] from 10 am to noon on Tuesday, November 18th,
in connection with its Winter write-on. All 1Ls and 2Ls interested in joining one of the foremost conservative/libertarian law journals in the country are welcome to
find out more about the TRoLP write-on process.




November 11, 2008
Final Liberty Lunch with Jim Harrington!
—Monday, November 17, 11:30am to 12:20pm—Dessert Provided!

The Texas Journal on Civil Liberties and Civil Rights [events] invites you to participate in the next installment of its brown bag lunch series entitled Liberty Lunches.
These lunches will feature local attorneys who practice in the areas of civil liberties and civil rights. These informal discussions afford students the opportunity to
interact with practitioners from the non-profit, government, and private sectors that have made a career out of protecting individuals’ liberties.

Next week’s speaker is Jim Harrington, the Director of the Texas Civil Rights Project [bio], which he founded in 1990. The Texas Civil Rights Project is a statewide
community-based, non-profit civil rights foundation, promoting social, racial, and economic justice and civil liberty, through the legal system and public education,
for low income and poor persons. TCRP has offices in Austin, San Juan, Odessa, and El Paso. Mr. Harrington has spent his thirty-five years as a lawyer in
civil rights work, handling landmark cases involving grand jury discrimination, police miscon¬duct, privacy, voting rights, free speech and assembly, farm worker
organizing, and the rights of persons with disabilities.

Please bring your lunch on November 17 and be prepared for a lively discussion of Mr. Harrington’s work as a civil rights attorney. Dessert will be provided.

Who: Jim Harrington [bio].
What: Lively discussion about Mr. Harrington’s practice.
When: 11:30- 12:20, November 17, 2008.
Where: TNH 3.125 [Law School map].

For more information about this event or the Liberty Lunch series, please contact the Journal at

Liberty Lunches are sponsored through a generous grant from the University Co-op [homepage].



November 10, 2008
Invitation: Dine with Steve Bright, Capital Defense & Human Rights Lawyer, November 13, 2008 12-12:30pm. (FREE PIZZA).
Sponsored by the American Journal of Criminal Law [homepage].

Stephen B. Bright [bio], Leading Capital Defense and Human Rights Lawyer, will speak on November 13th at Symposium Celebrating 20th Anniversary of
The University of Texas School of Law's Capital Punishment Clinic [homepage].

Everyone is invited to attend “Capital Defense Lawyering and Practice – A Celebration of the 20th Anniversary of the Capital Punishment Clinic.” The symposium will
begin with a speech by Steve Bright, founder and president of the Southern Center for Human Rights [homepage] and a long-time leader in the capital defense field.

Bright is a dynamic speaker and should not be missed.

– please join us!!

Who: The Southern Center for Human Rights' own Stephen B. Bright [bio].
What: Hear Steve speak on the 20th anniversary of The University of Texas School of Law's Capital Punishment Clinic [homepage].
When: Thursday, November 13th, 12:30-5:15 (Bright’s speech is at 12:45). Lunch served from 12:00-12:30.
Where: outside Eidman Courtroom 2.306 [Law School map].
More info:



November 7, 2008
Liberty Lunch with the Legal Director of the ACLU of Texas, Lisa Graybill!
—Monday, November 10, 11:30am to 12:20pm—Dessert Provided!

The Texas Journal on Civil Liberties and Civil Rights [homepage] invites you to participate in the next installment of its brown bag lunch series entitled Liberty Lunches.
These lunches will feature local attorneys who practice in the areas of civil liberties and civil rights.

These informal discussions will afford students the opportunity to interact with practitioners from the non-profit, government, and private sectors that have made a
career out of protecting individuals’ liberties.

This week’s speaker is Lisa Graybill, the Legal Director for the ACLU of Texas [homepage].

Please bring your lunch on Monday, November 10 and be prepared for a lively discussion of Ms. Graybill’s work as a civil rights attorney. Dessert will be provided.

Who: Lisa Graybill
What: Lively discussion about Ms. Graybill’s practice
When: 11:30- 12:20, November 10, 2008
Where: TNH 3.125 [Law School map]

For more information about this event or the Liberty Lunch series, please contact the Journal at

Liberty Lunches are sponsored through a generous grant from the University Co-op [homepage].



November 4, 2008
Free lunch-Dix and Wellborn Uncensored! —Thursday, Nov 13, 12:30am to 1:30pm—Lunch provided!

Come hear Professors George E. Dix, George R. Kilam, Jr. Chair of Criminal Law, [bio] and Olin G. Wellborn, William C. Liedtke, Sr. Professor, [bio] tell some of
the most outrageous stories they have encountered in the field of criminal law.

You can also learn how to become a member of one of UT Law's most cited journals by Spring OCI with the possibility of an editorial board position by Fall OCI!
Lunch provided.
Location: Francis Auditorium.

Who: The University of Texas School of Law's own Professors George E. Dix [bio] and Olin G. Wellborn [bio].
What: Hear some of the most outrageous stories they have encountered in almost 80 years of combined experience in the field of criminal law.
When: Thursday, November 13, 12:30-1:30 pm.
Where: Francis Auditorium [Law School map]

Sponsored by the American Journal of Criminal Law [homepage].



October, 2008



The Economics of Alternative Energy: Decisions Following the IPCC's Report on Climate Change, 73
Brett Buchheit


The Hard Road: NEPA Review of the Trans-Texas Corridor after SEP-15 and SAFETEA-LU § 6005, 125
Bina Reddy

Recent Developments

Air Quality, 143
John Turney, John Heintz

Natural Resources, 146
Aileen Hooks, Simone Salloum

Solid Waste, 148
Ali Abazari, David De La Cerda

Water Quality & Utilities, 151
Emily Rogers, Melissa Downey

Water Rights, 153
Robin Smith, Margaret Emily Meador

Casenotes: Federal, 155
Deborah Clarke Trejo, Cleveland R. Burke

Casenotes: State, 157
Howard Slobodin, Jeffrey J. Russell

Publications, 159
Timothy Wilkins, Jake Arechiga

State Bar Section News, 165




October 27, 2008
Liberty Lunch Series - Amy Magee
—Thursday, Oct 30, 11:30am to 12:30pm—(dessert provided).

The Texas Journal on Civil Liberties and Civil Rights [homepage] invites you to participate in the next installment of its
brown bag lunch series entitled Liberty Lunches. These lunches will feature local attorneys who practice in the areas
of civil liberties and civil rights.

These informal discussions will afford students the opportunity to interact with practitioners from the non-profit,
government, and private sectors that have made a career out of protecting individuals’ liberties.

This week’s speaker is Amy Magee [bio], a Senior Attorney for the Texas Association of School Boards (TASB) [homepage].
TASB is a voluntary, nonprofit, statewide educational association that serves and represents local Texas school districts.

Amy served with TASB as a law clerk for two years and as a staff attorney for almost two years. She has developed
her expertise in school law with an emphasis on constitutional law, student issues, governance, and business issues.
She also provides consultation and local policy review to the organization’s members, including all of the state’s school
districts, community colleges, and education services centers.
In addition, Amy has developed several publications and training materials including the training DVD and
program entitled Bullying and Harassment in Schools distributed nationally and the upcoming Religion in the Public
Schools training DVD and program.

Please bring your lunch on October 30 and be prepared for a lively discussion of Ms. Magee’s work as a civil rights attorney.
Dessert will be provided.

Who: Amy Magee
What: Lively discussion about Ms. Magee’s practice
When: 11:30- 12:20, October 30, 2008
Where: TNH 3.126 [Law School map]

For more information about this event or the Liberty Lunch series, please contact the Journal at [email].

Liberty Lunches are sponsored through a generous grant from the University Co-op [homepage].





Wily Patients, Welfare Queens, and the Reiteration of Race in the U.S., 1
Khiara M. Bridges

Protecting Women: A Feminist Legal Analysis of the HPV Vaccine, 67
Micah Globerson


Several Steps Sideways: International Legal Developments Concerning War Rape and the
Human Rights of Women, 109
Katie C. Richey

Why Are Divorced Mothers Economically Disadvantaged? And What Can Be Done About It?, 131
Elizabeth Steiner





"It's Like Deja Vu All Over Again": Williams v. Taylor, Wiggins v. Smith, Rompilla v. Beard and a
(Partial) Return to the Guidelines Approach to the Effective Assistance of Counsel, 127
John H. Blume, Stacey D. Neumann

Guidelines and Standards for Texas Capital Counsel: The Dilemma of Enforcement, 165
Catherine Greene Burnett

A Reflection on Furman, 199
Patrick E. Higginbotham

Moving Forward: A Map for Meaningful Habeas Reform in Texas Capital Cases, 207
Andrea Keilen, Maurie Levin

Capital Post-Conviction Representation Models: Lessons from Florida, 277
Mark E. Olive

Improving Representation in Capital Cases: Establishing the Right Baseline in Federal Habeas to
Promote Structural Reform Within States, 293
Jordan M. Steiker





The Very Big Fuss Over Very Small Things: Advising on the State of Regulation of Nanotechnologies, 1
Nathan Block


Save Our Right to Petition: A Proposal for Anti-SLAPP Legislation in Texas, 23
Clint Hansen

Recent Developments

Air Quality, 47
John Turney, Anna Diemoz

Natural Resources, 49
Aileen Hooks, Selena Soucedo

Solid Waste, 50
Ali Abazari, Jaime Herrero

Water Quality & Utilities, 53
Emily Rogers, Tom Appleman

Water Rights, 56
Holley Simons

Casenotes: Federal, 59
Deborah Clarke Trejo, Kelly Davis

Casenotes: State, 62
Howard Slobodin, Chris Creel

Publications, 64
Timothy Wilkins, Kristen Maule

Washington Update, 67
Laura LaValle, Courtney Davis

State Bar Section News, 69





September, 2008


September 10, 2008
Liberty Lunch Series - David Gonzalez
—Thursday, Sept 18, 12:30pm to 1:30pm—(dessert provided).

The Texas Journal on Civil Liberties and Civil Rights invites you to participate in the first of its brown bag lunch series
entitled Liberty Lunches.  These lunches will feature local attorneys who practice in the areas of civil liberties and civil rights.  
These informal discussions will afford students the opportunity to interact with practitioners from the non-profit, government,
and private sectors that have made a career out of protecting individuals’ liberties.

The first speaker in our series will be David Gonzalez, a criminal and juvenile defense attorney with Sumpter & Gonzalez, LLP (click for bio).
In recognition of his extensive work in state, federal, and district court, The Austin Young Lawyers Association recognized
Mr. Gonzalez as the 2008 Young Lawyer of the Year. He has appeared before the Court of Criminal Appeals, the 3rd and
10th Courts of Appeal, and written successful petitions for discretionary review resulting in lower court decisions being overturned.

Please bring your lunch on September 18 and be prepared for a lively discussion of Mr. Gonzalez’s work as a civil rights attorney.  
Dessert will be provided.

Who:            David Gonzalez (click for bio)
What:           Lively discussion about Mr. Gonzalez’s practice
When:           12:30- 1:30, September 18, 2008
Where:          TNH 3.124 (click for School map)

For more information about this event or the Liberty Lunch series, please contact the Journal at


September 9, 2008
Texas Journal of Women and the Law 2008 Fall Write-On

All law students are invited to participate. Applications are available in the Journal office (4.134A) or the Communications Center in the law school atrium.
Applicants should submit an application, a resume, and a writing sample.  

The deadline is Friday, September 26th.  Turn in applications to the TJWL mailbox inside the Communications Center or to Rm 4.134A.  
For more information contact the Journal at