On Liberty and the Fourteenth Amendment: The Original Understanding of Lockean Natural Rights Guarantees

Steven G. Calabresi & Sofia M. Vickery

93 Texas L. Rev. 1299

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The Supreme Court has taken the position that the Fourteenth Amendment protects rights that are deeply rooted in this country’s history and tradition. In this Article, Professor Calabresi and Ms. Vickery seek to understand which rights this includes. For that purpose, Calabresi and Vickery examine how states’ Lockean Natural Rights Guarantees were understood at the time of the adoption of the Fourteenth Amendment.

Sovereign and State: A Democratic Theory of Sovereign Immunity

Corey Brettschneider & David McNamee

93 Texas L. Rev. 1229

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The doctrine of sovereign immunity is riddled with different interpretations and criticisms, ranging from monarchical defenses to populist rejections. In this Article, Professor Brettschneider and Mr. McNamee reject the dominant views of sovereign immunity in favor of a theory that uses democratic principles to explain why and when sovereign immunity is necessary. Brettschneider and McNamee conclude that such a theory must distinguish between “state action” and “sovereign action.”


Adrian Vermeule

93 Texas L. Rev. 1547

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Professor Vermeule seeks to answer the question Professor Hamburger posited in his book title: Is Administrative Law Unlawful?

Agency for International Development v. Alliance for Open Society International: An Alternative to Aid in Analyzing Free Speech Concerns Raised by Government Funding Requirements

Nicholas Bruno

93 Texas L. Rev. 1569

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In 2003, Congress created the Leadership Act, which allowed federal funding to be given to NGOs in order to battle HIV/AIDS. This act contained a requirement that funding could only be given to NGOs that explicitly oppose prostitution. In Agency for International Development v. Alliance for Open Society International, the Supreme Court held that this requirement violated NGOs freedom of speech and held it invalid. In light of this decision, Mr. Bruno proposes a new way of analyzing restrictions on freedom of speech that are required to gain access to federal funding. Mr. Bruno concludes that such requirements should be allowed unless the potential recipient of the funding would have no opportunity to engage in the proposed speech without federal funding.

Theorizing Disability Discrimination in Civil Commitment

David D. Doak

93 Texas L. Rev. 1589

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The decision to involuntarily commit a person to a mental health facility has weighty consequences for that person’s life, including consequences after release from the facility. In this Note, Mr. Doak examines discrimination against people with mental health illnesses in both the decision to involuntarily commit them as well as failure to accommodate these mental illnesses in mental health facilities. Mr. Doak explores current ways to protect people from this discrimination under the Americans with Disabilities Act as well as improvements that could be made to current law.

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.

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