SCOPENOTE
texas law review association | spring 2016 | 727 east dean keeton street | austin, texas 78705
TLRA Annual Spring Banquet
The 25th Anniversary Editorial Board: Volume 69 (1990-1991)
The officers and directors of the Texas Law
Review Association and the current members
of the Texas Law Review cordially invite you to
attend our Annual Banquet on April 2, 2016, at
the JW Marriott in Austin, Texas.
Cocktails will begin at 6:00 p.m., followed by
dinner at 7:00 p.m. Our distinguished keynote
speaker will be the Honorable Judge Edward
C. Prado of the United States Circuit Court of
Appeals for the Fifth Circuit. The program will
also include a presentation of note awards and
outstanding editor awards, recognition of the
Volume 94 and 95 editorial boards, and remarks
Back row, from left: Pat Webb, Shelly Clark, Greg Travis, Charles Moody (EiC),
Parker Binion, Charles Kelley, Brad Gammell, Arthur Feldman (ME), Mark Walters
Front row, from left: Elana Broitman, Barbara Griffin, Amy Wright, Michelle Bray, Allison DeKunder, Suzie Chauvin
from the twenty-fifth anniversary editorial
board. The evening will conclude with the Leon
SAVE THE DATE
Green Address, honoring Bill White.
Saturday, April 2, 2016
The Banquet serves as an opportunity for
judges, faculty, attorneys, and both current
and former Review members to meet. This
year is the twenty-five year reunion of the
Support TLRA
Volume 69 editorial board (1990–1991). We will
have a special recognition for these editorial
For alumni practicing 0-3 years, annual dues
board members at the Banquet. The Banquet
are $50. For alumni practicing 3 or more years,
also serves as a celebration of the Review’s
annual dues are $75. Your TLRA membership
continued success. It is a chance to thank the
dues support the Review, its members, and its
current members of the Review working on
programs. TLRA members also receive reduced
Volume 94.
prices on Banquet tickets. Please visit http://
The TLRA encourages members and
law firms to sponsor student tickets. If you
www.texaslrev.com/about-tlr/alumni
for
more
TEXAS LAW REVIEW
ASSOCIATION ANNUAL BANQUET
JW MARRIOTT HOTEL
110 E 2ND ST.
AUSTIN, TEXAS 78701
APRIL 2, 2016
details on membership.
would like to participate, please visit http://
www.texaslrev.com/events/banquet/ or contact
The members of the Review wish to
Key Hemyari, Administrative Editor, at admin@
extend our heartfelt gratitude to the TLRA
texaslrev.com.
COCKTAILS 6PM
for continually encouraging and ensuring the
persistence of the TLR experience.
DINNER 7PM
Scopenote | Spring 2016
1
LEON GREEN AWARD RECIPIENTS
The Leon Green Award, established in 1970 to honor the UT
professor and renowned torts scholar who founded the Review,
honors members of the Texas Law Review Association for
their outstanding contributions to the legal profession. Past
recipients are:
1970 A.W. Walker, Jr.
2016 TLR
SYMPOSIUM
The Constitution and Economic Inequality
1971
Stephen D. Susman
1972
Prof. John Sutton, Jr.
The 2016 symposium was held on Friday, January 29, and Saturday, January
1973
Prof. Parker C. Fielder
30, 2016. Co-hosted by UT Professors Joseph Fishkin and William Forbath,
1974
Dean W. Page Keeton
the event brought together an exceptional lineup of scholars. This event
1975
Hon. Joe Greenhill
pushed the envelope on scholarship that develops and analyzes the constitu-
1976
Hon. Thomas Gibbs Gee
tion as it relates to economic inequality. The papers presented at the event
1977
Albert P. Jones
will be published in Issue 7 of Volume 94 in June 2016.
1978
Marian O. Boner
Symposium Participants
1979
Hon. Joseph T. Sneed
1980
Hon. Walter R. Ely
1981
Hon. Robert Keeton
1982
Prof. W.W. Gibson, Jr.
1983
Law School Foundation Trustees
1984
Hon. William L. Garwood
1985
Hon. John Hill
1986
Hon. Homer Thornberry
1987
Hon. Jack Pope
1988
Wilbur Matthews
1989
Dean Ernest E. Smith, III
1990
Harry Reasoner
1991
Hon. Jerre Williams
1992
Dean Mark G. Yudof
1993
Prof. Charles Alan Wright
1994
Hon. Edith H. Jones
1995
Hon. William Wayne Justice
1996
Hon. Thomas Reavley
1997
Scott J. Atlas
1998
Hon. George P. Kazen
1999
Hon. Barefoot Sanders
2000
Dean Michael Sharlot
2001
Hon. Royal Ferguson
Kate Andrias, University of Michigan Law School
Jack Balkin, Yale Law School
Cindy Estlund, NYU Law School
Joseph R. Fishkin, Texas Law
William Forbath, Texas Law
Cary Franklin, Texas Law
Robert Gordon, Stanford Law School
Mark Graber, University of Maryland Francis King Carey School of Law
David S. Grewal, Yale Law School
Robert Hockett, Cornell University Law School
Olatunde Johnson, Columbia Law School
Jeremy Kessler, Columbia Law School
Ajay Mehrotra, American Bar Foundation
Frank I. Michelman, Harvard Law School
William J. Novak, University of Michigan Law School
James Pope, Rutgers School of Law — Newark
Jed Purdy, Duke University School of Law
K. Sabeel Rahman, Brooklyn Law School
Brishen Rogers, Temple University Beasley School of Law
Reva Siegel, Yale Law School
Ganesh Sitaraman, Vanderbilt University Law School
Zephyr Teachout, Fordham University School of Law
2002
Lee Godfrey
2003
Larry E. Temple
Lawrence Sager, Texas Law
2004
James B. Sales
Sanford Levinson, Texas Law
2005
Hon. Carolyn Dineen King
Mechele Dickerson, Texas Law
2006
President William C. Powers, Jr.
Jay Westbrook, Texas Law
2007
David J. Beck
Karen Engle, Texas Law
2008
Parker C. Folse, III
Jordan Steiker, Texas Law
2009
State Sen. Rodney Ellis
2010
Robin C. Gibbs
SPONSOR
2011
Gregory S. Coleman (posthumous)
Platinum Sponsor
Dean Ward Farnsworth, Texas Law
2012
Hon. Wallace B. Jefferson
2013
Hon. Bea Ann Smith
2014
Hon. Diane Wood
2015
Richard Mithoff
Moderators
Scopenote | Spring 2016
2
FROM THE DESK OF THE EIC
similar interests and scholarly goals. A special
94 Editorial Board has gone above and beyond
Review! The members of Volume 94 have been
thank you to Professors Fishkin and Forbath,
to improve this journal and preserve TLR’s
hard at work selecting, soliciting, and editing
who were both critical in helping us organize
tradition of excellence, and I am incredibly
excellent pieces to publish, as well as training
the event and gather an impressive list of
proud of all that this Board has accomplished.
our new members, hosting a groundbreaking
participants. I am also grateful to Keyavash
Most notably I want to thank our Managing
symposium, and expanding the scope of our
Hemyari, our Administrative Editor, who
Editor, Casey Mathews, without whom the
It’s been a busy year at the Texas Law
The
handled the logistical maze of putting on this
day-to-day operations of TLR would grind to
Editorial Board has carefully chosen twelve
event and coordinating with professors, the
a halt. Casey has given his all to this journal,
articles, eight book reviews, and twelve notes
university administration, and TLR members—
and any success I have had as an EIC would
that will appear in our first six issues. Our
no small task.
online companion journal, See Also.
articles vary across legal disciplines, from
not be possible without his tireless work and
support this year.
I look forward to seeing
Jane Bambauer’s look at the third-party data
Volume 94 of the Texas Law Review
many of you at the 2016 Banquet, where we
doctrine in police investigations, to Eric Posner
extends its sincere thanks and appreciation to
will be introducing the newly selected Volume
and Cass Sunstein’s study of institutional flip-
everyone who has helped us have such a great
95 Editorial Board. They are a stellar group of
flops by various political actors.
Our book
year. The UT Law faculty and staff have been
individuals that will bring both intelligence and
reviews analyze a diverse variety of recently
integral to our success. I would particularly
passion to their leadership of the Review.
published works—including Bryan Stevenson’s
like to thank our Faculty Advisors, Professor
bestseller Just Mercy and Rachel E. Stern’s
John Dzienkowski (Editor in Chief, Volume
Environmental Litigation in China. Rounding
61) and Professor John Golden, for their help
All of the best,
out each issue, this year’s notes demonstrate
and advice over the past year. Teri Gaus,
Kate Marcom
our membership’s diverse range of interests
our editorial assistant, deserves particular
Editor in Chief, Volume 94
from sex stereotyping in single-sex schools to
recognition for providing invaluable assistance
the legal issues associated with wind-energy
and publishing expertise to the day-to-day
systems. See Also has dramatically increased
running of the Review; we would truly be lost
its output in Volume 94, publishing fifteen
without her. Finally, I want to thank all of our
response pieces to articles and book reviews,
alumni for their phenomenal support. Former
three original essays, and two student notes.
TLR members and the TLRA are truly unique,
For this year’s symposium, The
with such an impressive group of alumni. In
Constitution and Economic Inequality, we
particular, I’d like to thank Scott Atlas (Editor in
and I am grateful to work for an institution
partnered with University of Texas Professors
Chief, Volume 53) for going above and beyond
Joseph Fishkin and William Forbath to explore
in his work with the Review. Having his support
the emerging, many-sided problem of economic
has been invaluable throughout this year. It
inequality in constitutional theory, history, and
has been a fantastic year for the Review, and
political economy. With generous support from
the Volume 94 membership thanks all of our
the TLRA and Dean Farnsworth, we were able
alumni for making it possible.
to host twenty-two participants, including
a current candidate for the U.S. House of
I would also like to share how grateful
Representatives and numerous experts in
I am to have worked with such an amazing
their respective fields.
Many symposium
group of individuals on the Volume 94 Editorial
interdisciplinary
Board. They have worked incredibly hard this
nature of the event, noting its ability to bring
year to publish a fantastic volume, and I count
together scholars of various disciplines with
them among my closest friends. The Volume
participants
praised
the
Scopenote | Spring 2016
3
VOLUME 94 EDITORIAL BOARD & MEMBERS
The Volume 94 Editorial Board would like to thank the individuals, professors, and
firms who have contributed to the success of the Review and provided support in so
many ways throughout our time on TLR.
Editorial Board
Scholarship Fund
Editor in Chief
Katherine A. Marcom
Managing Editor
P. Casey Mathews
Administrative Editor
Keyavash Hemyari
and individuals to assist in funding the 2015–16
Chief Articles Editor
Ashley M. Croswell
Editorial Board Scholarships.
Chief Notes Editor
Ian B. Petersen
Book Review Editor
Alethea A. Swift
The Scholarship Fund provides financial assis-
Research Editor
Kelsey R. Chapple
tance to the Editorial Board members who must
Chief Online Content Editor
Emily J. Schomburger
spend part of their summer working exclusively on
Managing Online Content Editor
Emma W. Perry
The Texas Law Review Association invites firms
the Review. The scholarships ensure that financial
considerations do not prevent qualified and moti-
Articles Editors
Articles Editors
Notes Editors
vated members from applying for Editorial Board
positions.
Melissa W. Bailey
Meaghan D. Nowell
Chase A. Cero
Tomas P. Castella
William M. Odom
Alixandra H. Charles
Marta M. Chlistunoff
Lindsey D. Pryor
David B. Springer
If you would like to contribute, please contact Key
Hemyari at [email protected].
Sara C. Clark
ASSOCIATE EDITORS
Garrett S. Brawley
Sarah C. Lacy
Nicholas D. Rice
Nafisa L. Bringe
Paige M. Lager
Jacy M. Selcoe
Hensleigh Crowell
William R. Langley
Jordan L. Sharron
Yaman B. Desai
Marysia Laskowski
Samantha M. Speakmon
Rebecca L. Fine
Katie L. Legband
Brent R. Stewart
Daniel A. Hatoum
Mark E. Neuman-Lee
Emily F. Willis
Jasper S. Hicks
Ryan D. Phelps
by encouraging members to participate in various public
Jordan A. Kazlow
Patrick V. Plassio
interest and pro bono projects.
MEMBERS
Pro Bono & TLR
TLR continues its commitment to serving the community
Last summer, the TLRA awarded stipends to two members
who dedicated their summers to public interest. Hensleigh
Nazia Ali
Kirsten A. Johansson
Jacob R. Porter
Crowell interned at the Southern Center for Human Rights in
Josiah J. Clarke
Rony Kishinevsky
Vincent A. Recca
Atlanta, Georgia, and Daniel Hatoum worked for the American
Christopher C. Cyrus
Steven R. Lackey
Maura L. Riley
Civil Liberties Union’s Prison Project, in Washington, D.C.
Alex S. Devine
Nicole K. Leonard
James A. Sands
This past fall, more than fifteen TLR members volunteered
at the Texas Law Expunction Project. Members helped to
Matthew N. Drecun
Tiffany B. Lietz
Lena U. Serhan
Jamie R. Drillette
Eric S. Manpearl
Matt D. Sheehan
Jessica L. England
William T. Mason
Estefania Souza
Lisa N. Garrett
Andrew D. McCartney
Alex A. Stamm
Joshua A. Gold
Delaney J. McMullan
William S. Stripling
David B. Goode
Ben W. Mendelson
E. Blair Watler
TLR also helped fund two important and innovative
Harold “Tucker” Groendyke
Alex R. H. Muller
Harris Y. Wells
public interest events at UT this past year. TLR contributed
Nicholas K. Gurguis
Gavin P. W. Murphy
Matthew J. Wilkins
to Change It Up!, a one-day event designed to introduce 1Ls
Brendan H. Hammond
Jamie L. Nix
Giulio E. Yaquinto
David L. Hankin
Clark J. Oberembt
Carson D. Young
Ari Herbert
Casey J. Olbrantz
Alexander A. Zendeh
Alexander R. Hernandez
mitigate future harms stemming from arrests that did not result
in criminal convictions by preparing over thirty petitions to
expunge criminal records or obtain orders of nondisclosure.
Members will volunteer in another expunction project this
spring.
to public interest work and connect them to like-minded
students and attorneys. Additionally, TLR contributed funding,
and two TLR members were co-directors, for the first annual
GRITS Conference: Getting Radical in the South, a new twoday conference that brought together students, community
organizers, and practicing lawyers from across the South to
discuss social justice issues in the South, and how to address
them.
Scopenote | Spring 2016
4
ANNOUNCING THE VOLUME 95
EDITORIAL BOARD
The Texas Law Review is pleased to announce the members of the
Volume 95 Editorial Board.
2015–2016
Texas Law Review
Association
Editor in Chief
Vincent A. Recca
Managing Editor
Matt D. Sheehan
Administrative Editor
Rony Kishinevsky
OFFICERS
Chief Articles Editor
Alexander A. Zendeh
Karl G. Dial President
Chief Notes Editor
David B. Goode
Neel Lane Immediate Past-President
Book Review Editor
Delaney J. McMullan
Mark L.D. Wawro President-Elect
Book Review Editor
Estefania Souza
James A. Hemphill Treasurer
Keyavash Hemyari Executive Director/Secretary
Research Editor
Harris Y. Wells
Chief Online Content Editor
Ari Herbert
Managing Online Content Editor
Jessica England
Articles Editors
Articles Editors
Notes Editors
Nazia Ali
Eric S. Manpearl
Alexander R. Hernandez
Christopher C. Cyrus
Alex R. H. Muller
Lena U. Serhan
Jamie R. Drillette
Maura L. Riley
William S. Stripling
Brendan H. Hammond
BOARD OF DIRECTORS
Brandon Allen
R. Doak Bishop
John B. Connally IV
Hon. Gregg Costa
James A. Cox
Alistair B. Dawson
Gwen Dawson
Stephen Fink
TLR’S CHANCELLORS
Membership in Chancellors, the most prestigious honorary society of
UT School of Law, is extended to the 16 students with the highest grade
point averages. This year, there were 19 chancellors because of GPA ties.
TLR is proud to congratulate its 2016 Chancellors:
Mark Giugliano
Charles Hampton
Deanna E. King
Ben L. Mesches
Jessica Pulliam
Michael L. Raiff
Charles Schwartz
Grand Chancellor
Chancellors-at-Large
Adam Schramek
William M. Odom
Kelsey R. Chapple
Hon. Bea Ann Smith
Jasper S. Hicks
Stephen L. Tatum
Vice-Chancellor
Alixandra H. Charles
Hensleigh Crowell
Sarah C. Lacy
Katherine A. Marcom
Keeper of the Peregrinus
Sara C. Clark
Mark E. Neuman-Lee
Emma W. Perry
EX OFFICIO
Scott J. Atlas
Katherine A. Marcom
Ian B. Petersen
Patrick V. Plassio
Lindsey D. Pryor
Jacy M. Selcoe
Brent R. Stewart
Emily F. Willis
Scopenote | Spring 2016
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WHAT’S NEXT FOR
TLR MEMBERS?
Nafisa Bringe, Akin Gump Strauss Hauer & Feld (Dallas)
Marysia Laskowski, Alston & Bird (Dallas)
Alix Charles, Jones Day (Houston)
Katie Legband, Sidley Austin (Dallas)
Chase Cero, Paul, Weiss, Rifkind, Wharton & Garrison (New York)
Casey Mathews, Simpson Thacher & Bartlett (Palo Alto)
Ashley Croswell, Dechert (Austin)
William Mason, Jones Day (Houston)
Yaman Desai, Baker Botts (Dallas)
Emma Perry, Heim, Payne & Chorush (Houston)
Rebecca Fine, Baker Botts (Dallas)
Ryan Phelps, Baker Botts (Houston)
Tucker Groendyke, Andrews Kurth (Austin)
Nicholas Rice, Haynes and Boone (Dallas)
Sarah Lacy, Locke Lord (Austin)
Jacy Selcoe, Vinson & Elkins (Austin)
Paige Lager, Gibson Dunn & Crutcher (Dallas)
Samantha Speakmon, Norton Rose Fulbright (Houston)
Brent Stewart, Baker McKenzie (Dallas)
JUDICIAL CLERKSHIPS
United States
Courts of Appeals
United States
District Courts
Kelsey Chapple
Garrett Brawley
Kate Marcom
Melissa Bailey
Chief Judge McKee
Judge Bennett
Judge Lynn
Chief Justice Martin
3rd Circuit
S.D. Texas
N.D. Texas
North Carolina Supreme Court
Sara Clark
Tomas Castella
Ian Petersen
Jordan Kazlow
Judge Owen
Judge Ezra
Judge DuBois
Chief Justice Hecht
5th Circuit
W.D. Texas
E.D. Pennsylvania
Supreme Court of Texas
Marta Chlistunoff
Hensleigh Crowell
Patrick Plassio
Meaghan Nowell
Judge Prado
Judge Ellison
Judge Rodriguez
Justice Lehrmann
5th Circuit
S.D. Texas
W.D. Texas
Supreme Court of Texas
Mark Neuman-Lee
Daniel Hatoum
Emily Schomburger
David Springer
Judge Owen
Chief Judge Jackson
Judge Boyle
Justice Brown
5th Circuit
M.D. Lousiana
N.D. Texas
Supreme Court of Texas
Will Odom
Jasper Hicks
Anne Swift
Judge Higginbotham
Judge Jackson
Judge Pitman
5th Circuit
D. Colorado
W.D. Texas
Lindsey Pryor
William Langley
Emily Willis
Judge Prado
Judge Lake
Judge Godbey
5th Circuit
S.D. Texas
N.D. Texas
State Supreme Courts
Scopenote | Spring 2016
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2015 BANQUET AWARDS
The following members were recognized at the 2015 TLRA Banquet for
Volume 94 Published Notes
outstanding achievements on the Texas Law Review. We are grateful
to the firms sponsoring these awards.
Michael Hurta: Counting the Right to Vote in the Next
Editor Awards
Census:
Kate Ergenbright
Kelsi Stayart
Reviving Section Two of the Fourteenth Amendment
editor in chief award
outstanding associate
Ian Petersen: Toward True Fair-Chance Hiring:
Susman Godfrey
editor award
Balancing Stakeholder Interests and Reality in Regulating
Jones Day
Criminal Background Checks
William Langley: Go, Fly a Kite:
Steven Seybold
Jasper Hicks
The Promises (and Perils) of Airborne Wind Energy Systems
managing editor award
outstanding new member award
Paige Lager: The Route to Capitalization:
Vinson & Elkins
Jones Day
The Transcendent Registration Exemptions for Securities
Nick Bruno & Alexander Cockerill
Alisa Holahan
Kelsey Chapple: Sports for Boys, Wedding Cakes for Girls:
outstanding editor awards
pro bono award
The Inevitability of Stereotyping in Schools Segregated by Sex
Andrews Kurth
Haynes and Boone
Marysia Laskowski: Nudging Towards Vaccination:
Offerings as a Means to Small Business Capital Formation
A Behavioral Law and Economics Approach to Childhood
Immunization Policy
Note Awards
Hensleigh Crowell: The Writing Is on the Wall:
Katie Kinsey
Ethan Ranis
How the Briseno Factors Create an Unacceptable Risk of
outstanding litigation
outstanding constitutional
Executing Persons with Intellectual Disability
note
law note
Ryan Phelps: Protecting North America’s Past:
Susman Godfrey
Jones Day
The Current (and Ineffective) Laws Preventing the Illicit
Trade of Mexican Pre-Columbian Antiquities and How We
Steven Seybold
Marianne Nitsch
Can Improve Them
outstanding civil rights
outstanding white collar note
Marta Chlistunoff: Expert Testimony and the Quest for
law note
Baker Botts
Reliability:
Akin Gump Strauss Hauer & Feld
The Case for a Methodology Questionnaire
Melissa Bailey: Seduction by Technology:
Angela Daniel
D. Alex Robertson
Why Consumers Opt Out of Privacy by Buying Into the
outstanding regulatory law
outstanding consumer
Internet of Things
note
protection law note
Harold “Tucker” Groendyke: A Renewed Need for
Vinson & Elkins
Baker Botts
Collective Action:
Ryan Staine
Jeff Pettit
Restructurings
outstanding environmental
outstanding intellectual
Jacy Selcoe: Answering the “Call to Service”:
law note
property law note
Encouraging Volunteerism by Protecting Doctors as We
Baker Botts
Norton Rose Fulbright
Protect Ourselves
The Trust Indenture Act of 1939 and Out-of-Court
William Mason: Blackhorse Down:
Do NFL Teams Need Trademark Protection?
Emma Perry: No Room for the Poor—The Blight of Eminent
Domain on America’s Lowest Economic Classes
Scopenote | Spring 2016
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OUR VOLUME 94 SPONSORS
We are very grateful to the following firms for their generous support of the Texas Law Review’s activities throughout the year.
ORIENTATION UNDERWRITERS
Gold Sponsors
Andrews Kurth
Sidley Austin
AZA Law
Simpson Thacher & Bartlett
Baker Botts
Skadden, Arps, Slate, Meagher & Flom
Beck Redden
Thompson & Knight
Bracewell
Vinson & Elkins
Gibbs & Bruns
Weil, Gotshal & Manges
Gibson Dunn & Crutcher
Haynes and Boone
Silver Sponsors
Jackson Walker
Gardere Wynne Sewell
Jones Day
Hunton & Williams
Locke Lord
McKool Smith
Bronze Sponsors
Reynolds Frizzell
Alston & Bird
Scott Douglass & McConnico
Norton Rose Fulbright
MEMBERSHIP SUPPORT
Weekly Breakfasts
Mentoring Program
Andrews Kurth
Akin Gump Strauss Hauer & Feld
Gibbs & Bruns
Vinson & Elkins
TLR Women’s Event
Bracewell
Coffee
Yetter Coleman
Editorial Board Selection
Gibbs & Bruns
BBCC Lunches
Vinson & Elkins
Bound Volumes
Vinson & Elkins
Coffee Mugs
Gibbs & Bruns
HELP US UPDATE OUR ALUMNI DATABASE
Remember to notify the Review of a change of address or a change of employment. If you have TLR friends who are no longer
receiving information from us, encourage them to contact us so that we can update their entry in the TLR alumni database.
Teri Gaus
Address: 727 East Dean Keeton Street, Austin, Texas 78705
Phone: (512) 232.1287
Editorial Assistant
Email: [email protected]
Fax: (512) 471.3282
Texas Law Review
Scopenote | Spring 2016
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