Texas A&M Law Review

Arguendo

Established in 2018, Arguendo serves as the online extension of ​Texas A&M Law Review print publication. Arguendo features intriguing content on all areas of law, and provides a platform to publish content within weeks of a legal development. 

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Arguendo features short, lightly footnoted pieces on timely and relevant legal issues. While the shorter length and light footnoting policy allows authors to publish responses expeditiously, our rigorous editorial process ensures we maintain the quality of scholarship expected of a print law review.

Arguendo articles, written by scholars, practitioners, and law students alike, feature
  • short expositions of new ideas,
  • analysis of emerging legal topics,
  • dialogues on ongoing legal debates,
  • analysis of upcoming or recently decided high-profile cases, and
  • short responses to already-published scholarship.
If you have questions about Arguendo, or wish to submit a piece to be considered for publication in Arguendo, please contact the Online-Content Editor or use the online submission form.

Articles

February 8, 2018 | 5 Tex. A&M L. Rev. Arguendo 1 (2018)

Honest or Excluded? A Gender Analysis of Foreign Corrupt Practices Act and Chicago City Council Defendants

Juliet S. Sorensen

This article analyzes two corruption data sets through the lens of gender: defendants convicted under the criminal anti-bribery provisions of the Foreign Corruption Practices Act, and defendants convicted of federal anti-corruption crimes while serving on the Chicago City Council. In both instances, the data points to a much larger number of convictions of men than women. While a single cause is difficult to pinpoint, perhaps the most compelling explanation is that social norms associated with gender provide women with fewer opportunities for corruption. By contrast, the homophily of patronage networks, long cited as breeding grounds for corruption, has for generations favored an old boys club that gives rise to more men engaging in corruption than women.

Full Article

February 8, 2018 | 5 Tex. A&M L. Rev. Arguendo 33 (2018)

The NFL Should Stop Trying to Weed Out Marijuana: Why Medical Marijuana Remedies the League’s Misuse of Pain Killers

Stephanie Assi

Is the NFL’s drug-testing policy on medical marijuana out of date? In recent years, the United States has seen a rise in opioid addiction and opioid related deaths. The NFL is not immune from the opioid epidemic, as many current and retired players have addressed the troubled paradigm of needing relief from pain caused by years of playing in the NFL, but the increased risks of opioid use to treat said pain. This article addresses the current NFL policy regarding medical marijuana use and how changing this policy could ultimately benefit the health and safety of the NFL players.

Full Article

February 8, 2018 | 5 Tex. A&M L. Rev. Arguendo 37 (2018)

Letter from a Law Teacher

Dustin B. Benham

The text below is an actual response to a new teacher asking about my approach in the classroom. More than seven years on the job taught me that quality teaching depends on much more than subject-matter expertise and a good PowerPoint.

Full Article

February 8, 2018 | 5 Tex. A&M L. Rev. Arguendo 47 (2018)

Manuel v. City of Joliet: Pursuing a Claim Under the Fourth Amendment

Lynda Hercules Charleson

In Justice Kagan’s majority opinion in Manuel v. City of Joliet, the Supreme Court held that the Fourth Amendment governs a claim sought under 42 U.S.C.A. § 1983 for unlawful pretrial detention, even after the start of the legal process. Following the “broad consensus among the circuit courts,” the Court overturned the Seventh Circuit’s holding that pretrial detention following the start of the legal process was a claim under the Due Process Clause instead of the Fourth Amendment. This note will argue that the Court’s majority opinion correctly held that the Fourth Amendment governs a claim for unlawful pretrial detention both before and after the legal process begins, but the Court incorrectly remanded the statute of limitations issue to the lower court. This note discusses the following: (1) the Fourth Amendment, including its definition, scope, evolution, and remedies; (2) the case at issue; and (3) an analysis of the Court’s holdings.

Full Article

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