The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property

Orly Lobel

93 Texas L. Rev. 789

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Contemporary law is expanding into the area of “cognitive property,” leading to the commodification of intellectual intangibles, including human capital. In this Article, Professor Lobel explores this phenomenon, focusing on the the increase in trade secret protection and the so-called “talent wars.” She uncovers the harms of this new cognitive property and analyzes these effects through the lens of new economic research about endogenous growth, labor-market search, and innovation networks. She argues that this rise in cognitive controls should be understood as the Third Enclosure Movement, which propertizes the intangibles of the human mind and stifles potential innovations.

Heart Versus Head: Do Judges Follow the Law or Follow Their Feelings?

Andrew J. Wistrich, Jeffrey J. Rachlinski & Chris Guthrie

93 Texas L. Rev. 855

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It is well established that juries are apt to convict or acquit a defendant based on how much sympathy they feel for the accused, but are Judges also susceptible to similar emotions? They certainly routinely espouse the adoption of a dispassionate perspective on litigants. In this Article, for the first time, experimental research is used in an attempt to measure whether judges allow their feelings to bias their decisions. Judge Wistrich and Professors Rachlinski and Guthrie collect data on over 1,800 state and federal trial judges and ultimately conclude that feelings do bias judges’ decisions.

Whither/Wither Alimony

June Carbone & Naomi Cahn

93 Texas L. Rev. 925

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Professors Carbone and Cahn review Professor Starnes’s book on alimony in current family law and how it should be analyzed like a modern partnership.

My Body, My Bank

I. Glenn Cohen

93 Texas L. Rev. 953

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Professor Cohen reviews Professor Swanson’s book on the history of the banking industries in milk, blood, and sperm in America from 1908 to the present.

Fraud on the Classroom: Why State False Claims Acts Are Not the Solution to All Fraud on State and Local Governments

Marianne W. Nitsch

93 Texas L. Rev. 1009

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As a result of the success of the federal False Claims Act, states have begun to enact their own versions of false claims acts. However, despite this increased legislation, states are still ineffective at combating some forms of fraud against state and local governments. In this Note, Ms. Nitsch surveys state false claims acts and discusses their effectiveness at combating a particular kind of fraud, fraud in public-education data reporting. She concludes that these new state laws are ineffective at preventing educators from participating in fraud.

Somebody’s Watching Me: Civilian Oversight of Data-Collection Technologies

Steven D. Seybold

93 Texas L. Rev. 1029

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As police departments have increasingly embraced emerging data collection technologies, questions have arisen as to how we can protect citizens’ privacy and prevent police abuse of these technologies. One suggestion has been to use civilian oversight mechanisms to regulate these techniques and provide much needed transparency. In this note, Mr. Seybold discusses these civilian oversight mechnisms, focusing on the Loyal Opposition Policy Review Board, in order to determine their efficacy as constraints on police power.

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