The Failings of Education Reform and the Promise of Integration

Wendy Parker

90 Texas L. Rev. 395

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Professor Parker reviews Five Miles Away, A World Apart by Professor James E. Ryan.  That book examines the persistence of de facto segregation in modern American schools. In this review, Parker summarizes the problems with current education policy that Ryan identifies.  Specifically, she observes how policy makers have taken a “save the city, spare the suburbs” approach to educational reform which has resulted in widening racial and economic disparities between urban and suburban schools. Though Parker recognizes that these policies have harmed urban educational outcomes, she is critical of Ryan’s proposed reform, which calls for implementing a parental-choice voucher system in less affluent school districts. Parker argues that Ryan’s proposal shifts too much responsibility for reintegration to parents and assumes that most parents will have the forethought to value the common good when making decisions about education. Though Parker lauds Ryan’s proposal as “compelling,” her review provides a measure of balanced skepticism against Ryan’s proposal.

Making Room in the Property Canon

Bela August Walker

90 Texas L. Rev. 423

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Professor Walker reviews Integrating Spaces: Property Law and Race, by Professors Brophy, Lopez, and Murray. Professor Walker explores how the book addresses a major problem with most property curriculum—while race is a major issue in property law, it is unaddressed in law school curricula. While Walker commends this monumental effort to confront the intersection of property law and race, she criticizes it slightly for its omission of Cheryl Harris’s Whiteness as Property and its lack of discussion of the concept of whiteness at all. Walker concludes that while this book is an excellent resource and could contribute to any property course, in an ideal world, it would be unnecessary, as such topics would already be a part of a first-year property curriculum.

Moral Rights: Well-Intentioned Protection and Its Unintended Consequences

Lindsey A. Mills

90 Texas L. Rev. 443

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Lindsey A. Mills analyzes the issues and implications surrounding Congress’s enactment of the Visual Artists Rights Act (VARA) in 1990, which, inter alia, provides moral rights protection to creators of artistic work. Although Mills recognizes certain social benefits associated with the protection of moral rights, particularly the incentives to promote artistic creation and society’s right to preserve irreplaceable works of art, she argues that such a law, by taking away ownership rights that purchasers of artwork would otherwise have, diminishes the economic value of the artwork in question and further, to the extent that artistic expression is deemed desirable, harms society as a whole. After weighing these interests against each other, she concludes that moral rights protection has no place in the United States, let alone as part of the Copyright Act.

Not Like an Egyptian: Cybersecurity and the Internet Kill Switch Debate

Karson K. Thompson

90 Texas L. Rev. 465

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In this Note, Mr. Karson Thompson explores the vulnerability of America’s internet networks and the various proposals that have been made to solve the cybersecurity problem. Thompson explores the history of the Internet—from its inception as ARPANET to its current status—and the major security issues that plague it.   He then discusses the role played in maintaining internet security by both the executive and legislative branches of government and proposes a new framework—one that takes power away from the executive as a means of ensuring a stable and transparent cybersecurity policy. Thompson concludes that the existing framework is an ineffective way of ensuring the security of the Internet, and recent events in Egypt should provide an impetus for reform.

The Magic Mailbox of Inga Markovits

Lawrence M Friedman

90 Texas L. Rev. 177

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Professor Friedman reviews Inga Markovits’s Justice in Lüritz: Experiencing Socialist Law in East Germany. Friedman observes how Markovits, an individual who dedicated her early career to the law of the German Democratic Republic, had her field simply vanish. Fortunately for Markovits, she discovered the records of the work of a lower court in a small town in Germany, which she refers to as Lüritz. Friedman describes the profound wealth of information that Markovits was able to glean from these records and present in her book, mixing qualitative and quantitative analyses. Friedman concludes that this book stands out among others regarding socialist law and has few equals in the field of law and society.

On the Value of Jurisprudence

Ian P. Farrell

90 Texas L. Rev. 187

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Professor Farrell reviews and critiques Scott J. Shapiro’s Legality, which concerns analytical jurisprudence and seeks to develop an ambitious theory of law from the tradition of legal positivism. Farrell outlines Shapiro’s “Planning Theory of Law,” and engages in a critique of Shapiro, questioning whether Legality remedies the deficiencies in Shapiro’s earlier work and if it responds adequately to critiques of legal positivism. Farrell also concisely mirrors Shapiro’s overarching exploration of analytical jurisprudence and challenges Shapiro by arguing that there is great value in the field. Farrell concludes that Shapiro’s work contributes greatly to the field of analytical jurisprudence and illustrates the contribution it can make to legal scholarship.

Improving Forensic Science Through State Oversight

Ryan M Goldstein

90 Texas L. Rev. 225

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Mr. Goldstein identifies serious problems with the validity and reliability of forensic science and argues that these problems can best be rectified by state oversight.  While agreeing with many of the criticisms and suggestions made in a 2009 National Academy of Sciences report on forensic science laboratories, Goldstein contends that states are better positioned than the federal government to reform forensic science practices due to states’ traditional oversight of criminal law and ability to experiment with reforms more easily than the federal government.  Goldstein surveys current state-oversight mechanisms and proposes his own mechanism—an independent board of diverse stakeholders that handles quality control and budgeting while leaving investigations to an independent entity.

The Multiplication of Indivisible Injury

Michael T. Raupp

90 Texas L. Rev. 259

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Mr. Raupp examines tort law’s indivisible injury doctrine, starting with a discussion of its background and development.  He proceeds to explain the jury procedure for indivisible injury cases and to identify two important paradoxes that result from its use.  Mr. Raupp’s analysis leads him to conclude that the indivisible injury doctrine should apply more narrowly, prospectively restricting the problems with its current application. vHe proposes that jurisdictions implement stricter requirements for employing the indivisible injury doctrine, and that they should give judges, in addition to juries, the chance to resolve matters before using the current indivisible injury rule.

Originalism and Sex Discrimination

Steven G. Calabresi & Julia T Rickert

90 Texas L. Rev. 1

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Professor Calabresi and Ms. Rickert’s Article challenges the opinions of Justices Scalia and Ginsburg in United States v. Virginia, 518 U.S. 515 (1996) (and secondary literature that has considered the question), arguing that the original public meaning of the Fourteenth Amendment, as informed by the Nineteeth Amendment, bans discrimination based upon gender.

The Pretend Solution: An Empirical Study of Bankruptcy Outcomes

Katherine Porter

90 Texas L. Rev. 103

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Professor Katherine Porter examines whether the one-in-three discharge rate realized in Chapter 13 bankruptcies suggests that Chapter 13 may not be the consumer protection triumph that most bankruptcy experts and legal commentators tout it to be. Porter analyzes the results of an empirical study in which she interviewed debtors who were unable to obtain a Chapter 13 discharge in order to determine whether Chapter 13 dismissals should be considered “successful” outcomes for Chapter 13 debtors. The results show that most debtors whose Chapter 13 cases were dismissed did not achieve the goals they had when filing for bankruptcy and did not reach a permanent solution to their financial distress; nevertheless, a staggering 83% of families she interviewed reported that filing bankruptcy was “a very good or somewhat good decision,” blaming their failure to reach discharge on themselves, their attorneys, or their bankruptcy trustees rather than on the bankruptcy system itself. Porter argues that the reluctance of debtors and policy makers to criticize the bankruptcy system is derived from the fact that Chapter 13 is a “pretend solution”—a social program that does not work, but that is not critiqued or reformed because its flaws are hidden. Porter utilizes the results of her study to propose an overhaul of the existing consumer bankruptcy framework that would trade the current system of broad consumer choice for a simpler, outcome-oriented system of “rough justice.” She concludes by using the lessons learned through her Chapter 13 analysis to identify five characteristics of pretend solutions and to expound upon an approach to policy design that promises to transform pretend solutions into actual solutions.