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On Regulatory Arbitrage

Jordan Barry 89 Texas L. Rev. See Also 69 Professor Barry evaluates Professor Fleischer’s analytical framework developed in Regulatory Arbitrage, which addresses how actors respond generally to...

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Solar Rights for Texas Property Owners

Sara C. Bronin 89 Texas L. Rev. See Also 79 In response to Jamie France’s note, A Proposed Solar Access Law for the State of Texas, Professor Bronin urges future commentators to focus on three...

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Agency-Specific Precedents: Rational Ignorance or Deliberate Strategy

Kristin E. Hickman 89 Texas L. Rev. See Also 89 Administrative law scholars have debated the seeming paradox of a field with general legal principles applied to a diverse group of agencies.  Professor...

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The Law Professor as Counterterrorist Tactician

Lawrence Rosenthal 89 Texas L. Rev. See Also 113 Scholars have long sought to identify an optimal counterterrorist strategy, particularly in light of the September 11 attacks.  Professor Rosenthal...

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The Continuing Relevance of the Establishment Clause: A Reply to Professor...

Caroline Mala Corbin 89 Texas L. Rev. See Also 125 Professor Richard C. Schragger has identified current underenforcement of the Establishment Clause.  However, he may not have identified the right...

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Give ‘Em Enough Rope: Optimal Design of Executive Pay and Rent Extraction

Simone M. Sepe 89 Texas L. Rev. See Also 143 Due to recent debates concerning executive compensation, incentive structures are increasingly scrutinized.  Professor Sepe reponds to Professor Fried’s...

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The Still-Elusive Quest to Make Sense of Veil-Piercing

David Millon 89 Texas L. Rev. See Also 15 Prof. Millon argues that while Prof. Oh’s empirical study offers a valuable contribution to veil-piercing scholarship by analyzing cases of fraud as a distinct...

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“Two Paths, One Result”: A (Heavily Qualified) Defense of Consensus...

Mark Tushnet 89 Texas L. Rev. See Also 157 Professor Tushnet responds to Professor Driver’s skepticism toward consensus constitutionalism, or the view that the Supreme Court “inscribes into...

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Agency Hygiene

Nicholas Bagley 89 Texas L. Rev. See Also 1 Prof. Bagley notes that reshaping captured agencies using the structural reforms suggested by Prof. Barkow may be politically infeasible and offers an...

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Resourceful Relators: The Rise of Qui Tam Suits Under the False Claims Act...

Chris S. Stewart 89 Texas L. Rev. See Also 169 Mr. Stewart responds to the 2010 amendments to the False Claims Act (FCA) and identifies how these amendments equip potential relators “with the tools...

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A Comprehensive Theory of Deal Structure: Understanding How Transactional...

Michael S. Knoll & Daniel M. G. Raff 89 Texas L. Rev. See Also 35 Professors Knoll and Raff argue that Professor Fleischer’s theory that transactional lawyers produce an optimal transactional...

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The Establishment Clause: Political Metaphor or Guarantor of Rights?

Laura S. Underkuffler 89 Texas L. Rev. See Also 49 In this piece, Professor Underkuffler responds to Professor Schragger’s The Relative Irrelevance of the Establishment Clause.  Schragger argues that...

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Taking It to the Streets

Stuart P. Green 89 Texas L. Rev. See Also 61 Blackmail criminalizes the threat to do something that would not be criminal if one actually did it.  It is seemingly paradoxical that it should be a crime...

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Give ‘Em Enough Rope: Optimal Design of Executive Pay and Rent Extraction

Simone M. Sepe 89 Texas L. Rev. See Also 143 Due to recent debates concerning executive compensation, incentive structures are increasingly scrutinized.  Professor Sepe reponds to Professor Fried’s...

View Article

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The Still-Elusive Quest to Make Sense of Veil-Piercing

David Millon 89 Texas L. Rev. See Also 15 Prof. Millon argues that while Prof. Oh’s empirical study offers a valuable contribution to veil-piercing scholarship by analyzing cases of fraud as a distinct...

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“Two Paths, One Result”: A (Heavily Qualified) Defense of Consensus...

Mark Tushnet 89 Texas L. Rev. See Also 157 Professor Tushnet responds to Professor Driver’s skepticism toward consensus constitutionalism, or the view that the Supreme Court “inscribes into...

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