Confronting the Peppercorn Settlement in Merger Litigation: An Empirical Analysis and a Proposal for Reform

Jill E. Fisch, Sean J. Griffith & Steven Davidoff Solomon

93 Texas L. Rev. 557

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In recent years, it has become common practice for a company to be sued by its shareholders after every corporate merger. Many of these suits are settled quickly for minor disclosures, and very large fees for the attorneys of the plaintiff-shareholders. In this Article, Professors Fisch, Griffith, and Davidoff provide an empirical analysis on the worth of these disclosures and argue for changes to the current structure of merger litigation in order to prevent these costly merger suits.

Deference Asymmetries: Distortions in the Evolution of Regulatory Law

Melissa F. Wasserman

93 Texas L. Rev. 625

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Administrative agencies and law increasingly play a major role in the government of our society. However, certain legal and institutional aspects of administrative law have created deference asymmetries—differences in the level of deference given to an agency’s judgments based on the ruling of that judgment. These asymmetries have the potential to drive the development of regulatory law in a direction that benefits the entities that agencies are meant to regulate. In this article, Professor Wasserman identifies these asymmetries and explores the implications that they have for administrative law.

Family Law’s Loose Canon

Joanna L. Grossman

93 Texas L. Rev. 681

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Professor Grossman reviews Professor Hasday’s book on the development of the “family law canon.” which Hasday defines as a “series of overriding stories that purport to make sense of how the law governs family members and family life.”

At Sea, Anything Goes? Don’t Let Your Copyrights Sail Away, Sail Away, Sail Away

Jeff Pettit

93 Texas L. Rev. 743

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Cruises are big business, contributing nearly $44.1 billion to the US economy each year. The shows that cruise liners use to entertain their passengers are a major part of that industry. However, these shows are generally performed in international waters, without paying the proper royalties, and arguably outside the reach of the US Copyright laws. In this note, Mr. Pettit addresses this issue by first briefly explaining the relevant copyright and licensing provisions. He then recounts the only attempt to litigate high seas copyrights and applies the predicate-act doctrine to the facts of that case. He then urges the courts and legislators to tighten regulation on cruise ships by closing the many inequitable loopholes that exist.

Loose Constraints: The Bare Minimum for Solum’s Originalism

Ethan J. Ranis

93 Texas L. Rev. 765

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What does or does not constitute originalism continues to be important when drawing lines in legal academic debate. In order to cast some light on this issue, Mr. Ranis examines Lawrence B. Solum’s theory of originalism and seeks to identify the ‘bare minimum’ theory that Solum would consider to be originalist. Mr. Ranis concludes that Solum’s current definition of originalism is too vague to truly capture the state of current constitutional debate.

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