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The online companion to the Texas Tech Law Review, featuring timely legal analysis, case summaries, essays, responses, commentaries, book reviews, and other online scholarship.

Texas’s Cap on Damages: Whether and to What Extent the Tort Claims Act Waives Governmental Immunity

Gulf Coast Ctr. v. Curry, No. 20-0856

Vol. 55 March 2023 2022 WL 17998210 (Tex. Dec. 30, 2022)

In Gulf Coast Center. v. Curry Daniel Curry sued Gulf Coast Center (GC Center), a governmental entity that provides various services to the Galveston area, including bus transportation, to recover for personal injuries sustained when Curry was hit by one of GC Center’s busses. Despite Gulf Coast being found negligent, because it is a governmental unit, it is immune from suit and/or liability. The question…

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Changes to Gun Laws Are A-Bruen: Solidifying the Second Amendment in the Fifth Circuit

United States v. Rahimi

Vol. 55 March 2023 59 F.4th 163 (5th Cir. 2023)

After his suspected involvement in five shootings in a Dallas, Texas suburb, police found multiple weapons in Zackey Rahimi’s residence. But, Rahimi was prohibited from owning those weapons because he was subjected to a civil protective order restraining him from contact with his ex-girlfriend and their child. As such, Rahimi was indicted and pled guilty to “possessing a firearm while under a domestic violence restraining order[,] in violation of 18 U.S.C. § 922(g)(8).”…

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HOLD YOUR HORSES, HISA: THE FIFTH CIRCUIT HOLDS THAT THE HORSE INTEGRITY AND SAFETY ACT VIOLATES THE PRIVATE NON-DELEGATION DOCTRINE

Nat’l Horsemen’s Benevolent & Protective Ass’n v. Black

Vol. 55 February 2023 53 F.4th 869 (5th Cir. 2022)

In 2020, Congress enacted the Horse Integrity and Safety Act (HISA) to provide the horseracing industry with standard rules regarding racetrack safety and medication control. Furthermore, HISA empowers the Horseracing Integrity and Safety Authority (Horseracing Authority)—a private entity—with rulemaking authority. Roughly a year later, the National Horsemen’s Benevolent and Protective Association (NHBPA), among other organizations, sued the Federal Trade Commission (FTC) on several constitutional grounds,…

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