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.

The Intellectual Origins of (Modern) Substantive Due Process

Joshua D. Hawley

93 Texas L. Rev. 275

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Almost fifty years after the Supreme Court revived the doctrine, substantive due process remains a puzzle. In this Article, Professor Hawley excavates the intellectual origins of modern substantive due process and relates that history to the doctrine’s development. Ultimately, he offers a thoroughly revised account of the modern doctrine’s beginnings, development, and meaning. This revised account challenges a good deal of conventional wisdom, including the claims of recent Lochner revisionists who argue that modern substantive due process is in one way or another an intellectual extension of the Lochner era. It further challenges the claims that the modern doctrine can be linked directly to the Constitution’s original meaning. Instead, this Article shows modern substantive due process for what it is: an original, modern, and controversial reading of liberty.

The Political Economy of Local Vetoes

David B. Spence

93 Texas L. Rev. 351

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As the controversy over fracking continues to sweep the nation, many local communities have enacted ordinances banning the practice, creating conflicts between these ordinances and statewide regulation schemes. This has given rise to state–local preemption challenges within state courts. In this Article, Professor Spence analyzes these conflicts, focusing on the best way to distribute the costs and benefits of fracking and how courts have attempted to address these distributional concerns. He begins by describing the conflicts between state law and local ordinances and the court decisions that have resolved these preemption issues. He next discusses how future takings claims would affect the distribution of the costs and benefits of fracking.

Bottlenecks and Antidiscrimination Theory

Samuel R. Bagenstos

93 Texas L. Rev. 415

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Professor Bagenstos reviews Professor Fishkin’s arguments for switching the focus of antidiscrimination law towards an antibottleneck theory.

Safe to Swipe?: Why Congress Should Amend the EFTA to Increase Debit Card User Protection

D. Alex Robertson

93 Texas L. Rev. 505

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In this age of electronic payments, the use of debit cards has nearly exceeded that of credit cards and checks combined. Despite this popularity, debit cards are still subject to legislation passed in the 1970s, leaving users open to expansive liability in the event of fraud. In this Note, Mr. Robertson analyzes the Electronic Fund Transfer Act, which currently governs debit card usage, and suggests major revisions to better reflect the current market. He concludes that new legislation is needed to best protect debit card users from losses associated with fraud.

CREZ II, Coming Soon to a Windy Texas Plain Near You?: Encouraging the Texas Renewable Energy Industry Through Transmission Investment

R. Ryan Staine

93 Texas L. Rev. 521

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As the world’s energy needs continue to increase, wind power is estimated to become a more prevalent source of renewable energy. However, there are many problems facing this emerging industry. In this Note, Mr. Staine analyzes how Texas, through the CREZ program, has tried to address one of these problems: transmitting wind generated power to customers. He evaluates the success of the CREZ program and provides suggestions for how it can be refined to further promote the wind power industry. Ultimately, Mr. Staine provides a framework for CREZ II, his proposed sequel to the original program.

Bankers and Chancellors

William W. Bratton & Michael L. Wachter

93 Texas L. Rev. 1

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The Delaware Chancery Court recently squared off against the investment banking world with two rulings that tie Revlon violations to banker conflicts of interest. In this article, Professors Bratton and Wachter address the controversy stemming from these rulings, offering a sustained look at the banker–client advisory relationship. They begin by giving a detailed explanation of what investment bankers do when a company is sold. They then use economic analysis and a legal framework to examine potential conflicts of interests between bankers and clients, followed by a hard look at the Delaware Chancery Court’s two recent decisions on these issues. They conclude by experimenting with and analyzing various legal regimes that could be used to regulate the  banker–client relationship.