Current Issue

Spring 2021

Articles

Covid-19, Civil Liberties, & Jacobson: The Case Against Pandemic-Law

Covid-19, Civil Liberties, & Jacobson: The Case Against Pandemic-Law

By: Ian M. Swenson

This article argues that courts have misread Jacobson by ignoring the cases on which Jacobson relies. When read with the proper context, Jacobson is far from a radical case and instead stands for the uncontroversial proposition that a public health crisis is a compelling interest that can justify state action within existing constitutional frameworks. This article further argues that courts need not be afraid of holding the state to the standards set by the Constitution during a public health crisis. Rather, by taking a sophisticated view of what it means for government action to be narrowly tailored during a crisis by considering what is possible under evolving circumstances, courts can properly balance public safety and individual rights and can do so within the law as it stands.

This article may be cited as:

Ian M. Swenson, Covid-19, Civil Liberties, & Jacobson: The Case Against Pandemic-Law, UNT DALL. L. REV. ON THE CUSP, Spring 2021, at 1, [insert cited pg. no.].

Justice Ruth Bader Ginsburg: Asking No Favors, But Insisting On Justice

Justice Ruth Bader Ginsburg: Asking No Favors, But Insisting On Justice

By: Prof. Loren Jacobson

This article may be cited as:

Loren Jacobson, Justice Ruth Bader Ginsburg: Asking No Favors, But Insisting On Justice, UNT DALL. L. REV. ON THE CUSP, Spring 2021, at 1, [insert cited pg. no.].

The Illusory Precedent Of McGrain v. Daugherty

The Illusory Precedent Of McGrain v. Daugherty

By: Daniel Epstein

This article may be cited as:

Daniel Epstein, The Illusory Precedent Of McGrain v. Daugherty, UNT DALL. L. REV. ON THE CUSP, Spring 2021, at 1, [insert cited pg. no.].

The Texas Citizens Participation Act Enters A New Era

The Texas Citizens Participation Act Enters A New Era

By: John P. Atkins and Nicole Williams

This article may be cited as:

John P. Atkins and Nicole Williams, The Texas Citizens Participation Act Enters A New Era, UNT DALL. L. REV. ON THE CUSP, Spring 2021, at 1, [insert cited pg. no.].

Determining Coronavirus Liability Under The Rule Of Law: Should China Be Held Liable For The Covid-19 Pandemic Under International Or State Law?

Determining Coronavirus Liability Under The Rule Of Law: Should China Be Held Liable For The Covid-19 Pandemic Under International Or State Law?

By: Channa Weiss

This article may be cited as:

Channa Weiss, Determining Coronavirus Liability Under The Rule Of Law: Should China Be Held Liable For The Covid-19 Pandemic Under International Or State Law?, UNT DALL. L. REV. ON THE CUSP, Spring 2021, at 1, [insert cited pg. no.].

 

Notes

Texas Civil Service Personnel Files: Officer Privacy vs. Transparency

Texas Civil Service Personnel Files: Officer Privacy vs. Transparency

By: Aaron Huddleston

This article may be cited as:

Aaron Huddleston, Texas Civil Service Personnel Files: Officer Privacy vs. Transparency, UNT DALL. L. REV. ON THE CUSP, Spring 2021, at 1, [insert cited pg. no.].

 

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Fall 2020

Articles

Recycling "Justice": From LRW to CLE

Recycling "Justice": From LRW to CLE

By: Peter C. Alexander

This article describes a Legal Research & Writing exercise the author created for a law school class, but that he repurposed as a 2-act drama used to educate lawyers in a CLE program. The piece challenges other law faculty to repurpose their many law school assignments for the benefit of members of the legal profession outside of law schools. The author hopes that the article inspires faculty members to collaborate with CLE providers around the country to teach judges and lawyers in fun and entertaining ways.

This article may be cited as:

Peter C. Alexander, Recycling "Justice": From LRW to CLE, UNT DALL. L. REV. ON THE CUSP, Fall 2020, at 1, [insert cited pg. no.].

It's All in the Details: Making Texas Local Rules Accessible, Helpful, and Sensible

It's All in the Details: Making Texas Local Rules Accessible, Helpful, and Sensible

By: Elizabeth M. Fraley

Counties created local rules to facilitate access to courts and allow judges, attorneys, and parties to adapt to the local customs and practices. Unfortunately, the network of local rules has become difficult to access and contains potential traps for unwary litigants. Adding structure and a uniform organization to local rules, along with mandatory electronic disclosure of the local rules, will help ease the problems created by the current system. Local rules can be a useful process but only when readily accessible.

This article may be cited as:

Elizabeth M. Fraley, It's All in the Details: Making Texas Local Rules Accessible, Helpful, and Sensible, UNT DALL. L. REV. ON THE CUSP, Fall 2020, at 1, [insert cited pg. no.].

 

The information and opinions published by On The Cusp are offered for educational purposes only and should not be construed as legal advice.