93 Texas L. Rev. 789
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.
Andrew J. Wistrich, Jeffrey J. Rachlinski & Chris Guthrie
93 Texas L. Rev. 855
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.
June Carbone & Naomi Cahn
93 Texas L. Rev. 925
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.
I. Glenn Cohen
93 Texas L. Rev. 953
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.
Marianne W. Nitsch
93 Texas L. Rev. 1009
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.
Steven D. Seybold
93 Texas L. Rev. 1029
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.
Jill E. Fisch, Sean J. Griffith & Steven Davidoff Solomon
93 Texas L. Rev. 557
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.
Melissa F. Wasserman
93 Texas L. Rev. 625
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.
Joanna L. Grossman
93 Texas L. Rev. 681
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.”
Linda C. McClain
93 Texas L. Rev. 705
Professor McClain reviews Professor Huntington’s book on the impact that family law has on family relationships.