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01/18/2011 | How the Wind Blows: Solving the Texas Windstorm Insurance Association's Funding Crisis
Written by Jon Platt
In the early 1970s, the Texas Legislature created the Texas Windstorm Insurance Association (TWIA), which was designed to provide owners of coastal property with windstorm and hail insurance when such insurance was unavailable in the market. The TWIA, however, no longer serves as an insurer of last resort. Recent hurricanes have caused tremendous liability to private insurers, and many of those insurers have now ceased from issuing policies in coastal regions.
01/18/2011 | Two Constitutional Wrongs Don’t Make Forfeiture Right: Does Section 41(e) of the Texas Probate Code Violate the Texas Constitution?
Written by Elizabeth Henderson
Forfeiture is “[t]he loss of a right, privilege, or property because of a crime, breach of obligation, or neglect of duty.” At common law, a felon’s conviction effectively removed title to any property the felon stood to inherit, and courts prevented title from passing to the felon’s heirs by the corruption of blood doctrine.
01/18/2011 | The Waiver of Inadmissibility Pursuant to Section 212(a)(9)(B)(v) of the Immigration and Nationality Act: A Case Study
Written by David N. Strange
In this article, David N. Strange provides a poignant case study of an American family torn apart and forced into poverty. When a U.S. consular officer denied the father’s application for a waiver of inadmissibility pursuant to §212(a)(9)(B)(v) of the Immigration and Nationality Act, his hope of returning to his wife and daughter-both U.S. citizens-vanished.
01/18/2011 | Thrown Off Balance: Texas's Unique Approach to Confrontation Clause Issues in Child Abuse Cases
Written by Angela M. Clark
In this thought-provoking comment, Angela M. Clark examines the unique problem child abuse cases present under Crawford, which revolutionized the way courts looked at the Confrontation Clause and set clear guidelines for courts to follow. The comment explores how children are often unavailable to testify because either they are incompetent to testify due to their age or they are emotionally unable to be in the courtroom with the defendant.
01/18/2011 | Raising Healthy Child Support Laws: The Growing Pains Created by Texas Senate Bill 617
Written by Julie C. Caskey
In this comment, Caskey discusses the potential negative consequences of recently passed Texas Senate bill 617. Senate Bill 617 amended several sections of the Texas Family Code and § 377 of the Texas Probate Code in an attempt to prevent a parent from depriving a minor child of necessary support upon his or her death. In effect, S.B. 617 makes the obligor’s estate liable for future child support obligations that are based on a court order.
02/05/2011 | The Ace Fell Out of their Sleeve: The Interest Owner's Security Interest Under Revised U.C.C. Article 9
Written by Bryan Dotson
Carl Brentwood (Carl) is a cotton farmer in the Texas panhandle who suspected that there are oil reserves underneath his land. Lacking the technical abilities to extract the minerals himself, Carl executed an oil lease with Lowry Drilling Company (Lowry) to explore the land and extract any minerals it finds. Lowry indeed found an oil reserve and soon had a well that produced a considerable amount of oil. To dispose of this oil, Lowry contacted several local refineries and intermediaries who regularly purchase oil from other producers in the region.
03/03/2011 | More Money, More Problems: The Case for Expanding Federal and State Protection Against Sex-Based Wage Discrimination
Written by Jillian Gordon
When asked whether women have achieved equality in the 21st century, the average American would probably answer with an emphatic “yes.” Women are now the majority on college campuses, and there are more female CEOs of Fortune 500 companies than ever before. It may surprise many people to discover t...
03/19/2012 | The FCC Is Not “F-ing” Around Anymore: A Discussion of the Constitutional Issues Surrounding the FCC’s New Indecency Standard Regarding Fleeting Expletives on Broadcast Media
Written by Nathan White
This Comment analyzes two major issues brought about by the Second Circuit’s review of the FCC’s current indecency standard in Fox Television Stations, Inc. v. FCC: (1) why the rationale for applying a lesser level of constitutional scrutiny to broadcast media restrictions no longer holds true, and (2) why the current FCC indecency standard regarding a single fleeting expletive is a violation of the First Amendment.
03/26/2012 | The Pickett Split: United States v. Pickett and the Circuit Divide on The Border Search Exception to the Fourth Amendment
Written by Allie J. Hallmark
Samantha’s summer vacation involves a five day trip to the Florida coast: shopping, dining, sunbathing, and sailing. Samantha flies from her New Orleans home to her vacation spot in Miami. She is unaware that she is under investigation for a copyright violation—illegally downloading music online.
06/17/2011 | The “F-Word” That No Bank Wants to be Called: A Commentary on The Imposition of Fiduciary Duties on Texas Banks
Written by Frank T. Messina
Recently, the burdensome “F-Word” has been injected into the banking industry—“FIDUCIARY.” Ambitious plaintiff attorneys, in the pursuit of deeper pockets, have attempted to label banks as fiduciaries, thus exposing banks to a greater chance of liability. Plaintiff attorneys have chosen a perfect ...
08/01/2011 | Opening Governments or Committing Espionage?: An Overview of WikiLeaks’s Rise to International Notoriety and an Analysis of the United States’ Available Methods to Counter WikiLeaks
Written by Keith Drennan
The black-and-white footage shot from an Apache helicopter over Baghdad appears innocuous at first. The footage, narrated by United States military personnel, begins by showing nondescript buildings and a black van. Seconds later, however, the pilot identifies targets on the ground and acknowledg...
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