The Intellectual Origins of (Modern) Substantive Due Process

Joshua D. Hawley

93 Texas L. Rev. 275

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Almost fifty years after the Supreme Court revived the doctrine, substantive due process remains a puzzle. In this Article, Professor Hawley excavates the intellectual origins of modern substantive due process and relates that history to the doctrine’s development. Ultimately, he offers a thoroughly revised account of the modern doctrine’s beginnings, development, and meaning. This revised account challenges a good deal of conventional wisdom, including the claims of recent Lochner revisionists who argue that modern substantive due process is in one way or another an intellectual extension of the Lochner era. It further challenges the claims that the modern doctrine can be linked directly to the Constitution’s original meaning. Instead, this Article shows modern substantive due process for what it is: an original, modern, and controversial reading of liberty.

The Political Economy of Local Vetoes

David B. Spence

93 Texas L. Rev. 351

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As the controversy over fracking continues to sweep the nation, many local communities have enacted ordinances banning the practice, creating conflicts between these ordinances and statewide regulation schemes. This has given rise to state–local preemption challenges within state courts. In this Article, Professor Spence analyzes these conflicts, focusing on the best way to distribute the costs and benefits of fracking and how courts have attempted to address these distributional concerns. He begins by describing the conflicts between state law and local ordinances and the court decisions that have resolved these preemption issues. He next discusses how future takings claims would affect the distribution of the costs and benefits of fracking.

Bottlenecks and Antidiscrimination Theory

Samuel R. Bagenstos

93 Texas L. Rev. 415

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Professor Bagenstos reviews Professor Fishkin’s arguments for switching the focus of antidiscrimination law towards an antibottleneck theory.

Safe to Swipe?: Why Congress Should Amend the EFTA to Increase Debit Card User Protection

D. Alex Robertson

93 Texas L. Rev. 505

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In this age of electronic payments, the use of debit cards has nearly exceeded that of credit cards and checks combined. Despite this popularity, debit cards are still subject to legislation passed in the 1970s, leaving users open to expansive liability in the event of fraud. In this Note, Mr. Robertson analyzes the Electronic Fund Transfer Act, which currently governs debit card usage, and suggests major revisions to better reflect the current market. He concludes that new legislation is needed to best protect debit card users from losses associated with fraud.

CREZ II, Coming Soon to a Windy Texas Plain Near You?: Encouraging the Texas Renewable Energy Industry Through Transmission Investment

R. Ryan Staine

93 Texas L. Rev. 521

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As the world’s energy needs continue to increase, wind power is estimated to become a more prevalent source of renewable energy. However, there are many problems facing this emerging industry. In this Note, Mr. Staine analyzes how Texas, through the CREZ program, has tried to address one of these problems: transmitting wind generated power to customers. He evaluates the success of the CREZ program and provides suggestions for how it can be refined to further promote the wind power industry. Ultimately, Mr. Staine provides a framework for CREZ II, his proposed sequel to the original program.

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:

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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