The Fragmentation of Standing

Richard H. Fallon, Jr.

93 Texas L. Rev. 1061

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The application of the doctrine of standing has become less and less predictable since the Supreme Court’s adoption of a tripartite test for standing in the 1970s. Professor Fallon analyzes the Court’s decisions in standing cases in order to discern patterns in the Court’s application of this test. Fallon concludes that the Supreme Court and legal scholars should embrace the fragmentation of the doctrine of standing and look to discernable patterns in the cases to find general rules of application for different contexts.

Does “Public Use” Mean the Same Thing It Did Last Year?

Mark A. Lemley

93 Texas L. Rev. 1119

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The America Invents Act (AIA) brought significant change to America’s patent system by moving from a “first to invent” to a “first to file” system. Some commentators have argued that the AIA also redefined the meaning of “public use” such that secret commercial uses by the inventor are no longer considered prior art. Professor Lemley contends that this assertion is unfounded as a matter of statutory interpretation. Furthermore, Lemley argues that reading the AIA in this way would be an unwise policy decision.

The Many American Constitutions

Aziz Rana

93 Texas L. Rev. 1163

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Professor Rana reviews Professor Tsai’s book on the history of alternative constitutions in the United States.

Executing Justice

Robert Weisberg

93 Texas L. Rev. 1179

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Professor Weisberg reviews Professor Liebman’s book on the criminal investigation and subsequent conviction and execution of Carlos DeLuna.

Avoiding the Anchor: An Analysis of the Minimum-Payment and 36-Month Disclosures Mandated by the CARD Act and How to Improve Cardholder Repayment Patterns

Angela K. Daniel

93 Texas L. Rev. 1201

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Many credit card users find themselves in insurmountable credit card debt. In an attempt to help consumers avoid such situations, the Credit Card Accountability Responsibility and Disclosure Act of 2009 requires that credit card issuers disclose the total costs of paying off a debt by paying the minimum payment each month and by paying the debt off in 36 months. Ms. Daniel explores the effectiveness of these disclosures in helping consumers get out of debt and concludes that these provisions could be improved in order better to protect consumers.

Fine Tuning Nutrition Disclosures: A Behavioral Law and Economics Critique of the Menu-Labeling Provision of the Affordable Care Act

Kathryn W. Bailey

93 Texas L. Rev. See Also 103

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Obesity is one of the biggest health problems currently facing the United States. In order to combat this growing epidemic, a provision was added into the Affordable Care Act that would require restaurants to provide calorie and other health information to consumers. In this Note, Ms. Bailey analyzes this new provision against the back drop of behavioral law and economics (BLE). She then discusses possible improvements to the new federal menu-labeling law based on BLE concepts. She finally examines other possible policy solutions to the obesity epidemic.

Assessing Asymmetries

Wendy E. Wagner

93 Texas L. Rev. See Also 91

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Professor Wagner responds to Professor Wasserman’s new article, which identifies deference asymmetries inherent to the administrative process.

Congratulations to the Volume 94 Editorial Board!

The Texas Law Review is proud and excited to announce the Editorial Board for Volume 94. The members of Volume 93 are happy to pass the torch to such a fantastic group of people. A copy of the masthead for the Volume 94 Editorial board can be found here.

TLR Alumni Score the Top Grades on the Texas Bar Exam

The Texas Law Review would like to congratulate two of its Volume 92 alumni for achieving the top two scores on the July 2014 Texas Bar Exam. Jamie Yarbrough, who served as the Research Editor on Volume 92′s editorial board, had the top score followed closely by Michael Kelso, an Articles Editor on Volume 92′s editorial board. Mr. Yarbrough is currently working as an associate for Baker Botts in Houston while Mr. Kelso is clerking for Judge Carolyn King of the Fifth Circuit Court of Appeals.


Congratulations to Volume 93 New Members!

The Texas Law Review is proud to announce its volume 93 membership!  Congratulations to all our new members, and welcome to TLR!

The Masthead is now available for download:

PDF Document

Congratulations Volume 92 New Members!

The Texas Law Review is proud to announce its volume 92 membership!  Congratulations to all our new members, and welcome to TLR!

The Masthead is now available for download:

PDF Document