• Texas Review of Law & Politics

University of Texas, Austin, School of Law Publications, Inc.
Publication date:
First document:
Vol. 8 Nbr. 2, April 2004
Last document:
Vol. 13 Nbr. 2, April 2009
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Latest documents

  • Preface
  • The Supreme Court's Perversion of Equality
  • Pakistan's Ultimate Nightmare Scenario: Preventing Islamic Extremists From Acquiring Nuclear Weapons

    [...] Islamic extremists will require real-time information identifying the precise location of Pakistan's nuclear weapons components. [...] Islamic extremists desiring to steal a Pakistani nuclear weapon must have sufficient intelligence to differentiate between storage sites that house shields and storage sites that house the fissile cores.

  • Identity Burglary

    [...] the methods and manifestations of identity theft are ever increasing in their diversity. THE FAMILIAR MODEL OF TRADITIONAL THEFT CRIME CLASSIFICATION In order to effectively make the case that identity theft statutes should be re-crafted to more closely resemble the framework by which traditional theft crimes are delineated, it is first necessary to note the basic classifications delineated by that framework and the basis upon which those delineations are made.\n68 Another benefit lies in the fact that society at large - i.e., citizens oüier dian defendants - enjoys a greater predictability in criminal law, as imprecision largely precludes predictability.69 By imprecisely labeling an identity-related crime &quot;theft&quot; when it meets traditional requirements for, and may be more accura...

  • The Invisible Constitution

    Taking up the issue of the Twenty-Seventh Amendment -proposed by Congress to the states in 1789, but unratified until 1992- Tribe posits that it is controversial even what is included in the written document.12 Tribe adduces Justice Antonin Scalia's (to judge by Tribe's account, apparently capricious) statement that the TwentySeventh Amendment did not become part of the Constitution upon the thirty-eighth state's ratification, in illustration of Tribe's own point that there is not general agreement even as to what the written Constitution is.13 For his part, as Tribe explored in A Matter of Interpretation, he believes that the Amendment was validly ratified because its ratification by thirty-eight states was the product of timeless communities, not a reflection of a national consensu...

  • On the Freedom of a Congregation: Legal Considerations When Lutherans Look to Change Denominational Affiliation

    On a multitude of other resolutions regarding homosexual clergy and the blessing of same-sex relationships, the Assembly voted to defer the questions to the next convention,10 maintaining a status quo that prohibits ordained ministry by actively homosexual persons11 and the blessing of same-sex relationships.12 At the upcoming 2009 Churchwide Assembly, to be held in Minneapolis, the delegates will vote on a long-awaited Social Statement on Human Sexuality.13 Both liberals and conservatives expect significant debate, and the vote could go either way.14 If conservatives lose the votes, it is very likely that some congregations will choose to leave the ELCA, either for a smaller, more orthodox Lutheran denomination, a new association with other like-minded congregations, or total nonasso...

  • Rluipa and Eminent Domain: How a Plain Reading of a Flawed Statute Creates an Absurd Result

    RLUIPA focuses on governmental action that involves land use regulation.\n214 This Article argues that no substantial burden existed in St. John's because the city did not simply offer compensation to the cemetery; the city actually began a long process of relocating the cemetery and found suitable new land for it. [...] even under the proposed RLUIPA statute, the city of Chicago would have been able to expand O'Hare airport by using eminent domain to take land owned by a church and cemetery.

  • Not All Violence Is Commerce: Noneconomic, Violent Criminal Activity, Rico, and Limitations On Congress Under the Post Raich Commerce Clause
  • Original Intent, Timetables, and Iraq: The Founders' Views On War Powers

    The left claims to be protecting the Constitution's separation of powers.7 The Right claims fidelity to the I. INTRODUCTION Sixty-three percent of Americans oppose the war in Iraq.1 Democratic President-elect Barack Obama described America's decision to go to war as careless and promised to remove almost all combat troops within sixteen months of taking office.2 Eight Democratic members of the House of Representatives sponsored legislation impeaching President Bush for executing a calculated and wide-ranging strategy to deceive the citizens and Congress of the United States ... to falsely justify the use of the United States Armed Forces against the nation of Iraq . . . . The left claims to be protecting the Constitution's separation of powers.7 The Right claims fidelity to the1 INTROD...

  • Federalism, Abortion, and the Original Meaning of the Fourteenth Amendment Enforcement Power: Can Congress Ban Partial-Birth Abortion After Carhart?

    Those reasons, according to the judgment of Congress and most of the populace, alleviate or remove altogether her blameworthiness. Because a physician who performs a partial-birth abortion does not face the same personal health and emotional difficulties that a pregnant woman faces when considering an abortion, attaching liability to the physician makes more sense.

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