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Academic

University of Houston Law Center Faculty Blog

Facilitates dialogue and debate about law-related topics and issues being pursued by faculty Members
By University of Houston Law Center

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Last Entry: July 27, 2010 at 12:47:55

Justice Denied

Posted on July 19, 2007
George W. Bush became governor of Texas in 1994, when he upset the popular incumbent, Ann Richards. The following September, my client, Carl Johnson, was scheduled for execution. Johnson had killed a security guard during a holdup of a convenience store...

E-Commerce should not be over-regulated

Posted on July 19, 2007
We wake up one morning and discover that a question we have been asking for the last decade or two may now be the wrong one. The question was: how can we use law to enable businesses to use e-commerce? The question now seems to be: how can we shape law to support e-commerce without over-regulating it?Here’s how things have changed over the years about the idea of “electronic commercial law...

Saving The Environment, One Transaction At A Time

Posted on April 02, 2007
Can you be an environmentalist and a business supporter at the same time? Environmental groups believe it’s possible, even after decades of litigation and open warfare with business interests. But a multi-billion-dollar deal in the works in Texas suggests that a new era may be dawning, with the private sector finally willing to take important measures to protect the environment...

Response to David Crump

Posted on February 08, 2007
Dear David, Of course the DOJ had clients. We called them “the people.”I suppose my quibble is about what I view to be a false dichotomy between intellectual endeavors and practice endeavors. For example, in my line of work, fact development is not done in a vacuum...

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Hole vs. Donut: A response to Darren Bush

Posted on February 08, 2007
Darren, the Stracher piece is a mild call for a corrective to a skewed educational system. Yes, there are occasions for intellectual debate in the law. But they are rare, compared to other things.They are possible in larger doses for people in the Justice Department or academia because they are in a rarified atmosphere; they don’t have clients and can afford “wasted meetings” that other lawyers could not...

Being a lawyer is NOT about intellectual debate??

Posted on February 08, 2007
I read Stracher’s piece this morning, and was devastated to discover that being a lawyer is not about intellectual debate. I guess it explains a lot of wasted meetings at Justice. It also explains why I incessantly get calls asking me to file amicus briefs—lawyers don’t engage in intellectual debate, they instead run to the halls of academe to provide it! (link to Stracher’s piece)With respect to the proposal of postgraduate work (also known as the articling process), in the daze of my youth I wrote a piece entitled “why have a bar exam?” calling for the abolishment of the bar exam...

We need Federal Law to Protect Gays and Lesbians from Discrimination

Posted on November 21, 2006
With the Democrats retaking the House and Senate, the gay and lesbian community, like many interest groups, is hoping that issues important to it will be addressed. Though gay marriage seems to be the issue “du jour” for our community; in reality we should be paying attention to protection from employment discrimination...

Election 2006 - Has Houston's Environment Finally Become a Political Issue?

Posted on November 08, 2006
While Democrats celebrate their national victory and talk of a change in direction in Iraq, another important issue may have been decisive in the race for State District 134 here in Houston. Despite winning two previous terms in a Republican leaning state district, Republican Representative Martha Wong was decisively turned out of office on Nov...

Separate is NEVER Equal -- Even in Jersey

Posted on November 08, 2006
The New Jersey Supreme Court might have thought it was dropping a bombshell when it ruled that gay and lesbian committed couples deserved the same legal benefits as heterosexual married couples under the state’s constitution. But the justices achieved something else: they fired off a dud...

Reverse engineering is not an inviolate right

Posted on November 06, 2006
Reverse engineering is not an inviolate right Actually, contracts control. I can have a privilege to do something, but then can waive that privilege. So too the privilege to make limited copies for purposes of some forms of reverse engineering...

It's Easy and Wrong to Blame Immigrants for Crime

Posted on November 02, 2006
The airline industry has a term for what Houston wants to do about illegal immigrants and the crimes they commit. When pilots make the wrong decisions because of a real or perceived need to rush through their tasks, they are said to have experienced the “hurry-up syndrome...

Antitrust in Dallas

Posted on November 02, 2006
A letter to four ranking Congressmen gets to the heart of the antitrust issues surrounding the supercharged plans involving airfields in Dallas. September 13, 2006 The Honorable Arlen Specter, Chairman Committee on the Judiciary United States Senate 711 Hart Building Washington, DC 20510 The Honorable Patrick J...

Innocence as a Death-Penalty Distraction

Posted on November 02, 2006
For too many years now, death penalty opponents have seized on the nightmare of executing an innocent man as a tactic to erode support for capital punishment in America. Innocence is a distraction.EARLIER this week, the Supreme Court decided, in a 5-to-3 opinion, that a Tennessee prison inmate named Paul G...

An Unsafe Harbor On Detainee Treatment

Posted on November 02, 2006
Unsafe Harbor: The GOP 'Compromise' on Detainee Treatment Congressional adoption of the recent “compromise” between three Republican Senators and President Bush does not provide proper legal guidance to U.S. interrogators, and adherence merely to its standards would place the United States in violation of common Article 3 and other provisions of the 1949 Geneva Conventions, not to mention similar provisions in several other international treaties and instruments and customary international law...

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