Legislative Reference Library

Current Articles list for January 29, 2015

The Legislative Reference Library produces a weekly list of current journal articles for members of the legislative community. New lists are available most Thursdays at 3pm. The most recent list is below.

"A 'duty' to continue selling medicines." By William M. Janssen. American Journal of Law & Medicine, Volume 40, Number 4, 2014, pp. 330-392 (Note Length)
Explores whether pharmaceutical manufacturers have a legal duty to continue supplying their medications to patients. Examines relevant case law and federal statutory law on the question.

"What is an achievement school district?" By Monty Exter. ATPE News (Association of Texas Professional Educators), Winter 2014, pp. 12-14
Details Achievement School Districts (ASDs), a new approach to managing low-performing schools, supported by Governor Greg Abbot. Highlights SB 1718, 83rd Legislature, Senator Royce West's legislative attempt to create an ASD in Texas. Reports Tennessee and Louisiana have already implemented similar models.

"Why Carthage ISD is arming employees to keep kids safe." By G. Elaine Acker. ATPE News (Association of Texas Professional Educators), Winter 2014, pp. 20-23, 40
Profiles Carthage Independent School District and its authorization of select staff members to carry concealed weapons on campus under the "Guardian Plan." Compares the "Guardian Plan" with the more restrictive "School Marshal Plan" which was enacted during the 83rd Legislature. Quotes Representative Joe Picket.

"Future of public-private highway partnerships under more scrutiny." By Kimberly Reeves. Austin Business Journal, January 23, 2015, p. 15
Considers whether public-private highway partnerships, known as comprehensive development agreements in Texas, can draw the necessary resources to make them fiscally sound options for financing road construction projects. Includes comments by Senator Robert Nichols.

"An innovation district for the city of ideas." By Chad Swiatecki. Austin Business Journal, January 16, 2015, pp. 4-5
Considers how a proposed innovation district around the Dell Medical School at the University of Texas and Seton's teaching hospital will impact Austin's economy.

"Behind campus rape statistics, research questions persist." By Marc Parry. Chronicle of Higher Education, January 16, 2015, p. A4
Discusses the challenges of measuring sexual violence on campuses. Suggests often repeated statistics need to be used in better context and with more careful wording. Dissects several of the assertions that have been used in the discussion about campus rape.

"Colleges' new sex-assault policies draw fire from all sides." By Katherine Mangan. Chronicle of Higher Education, January 16, 2015, p. A6
Highlights the current state of policies and standards for investigating sexual assault complaints on campuses. Summarizes the effect of Title IX requirements. Reviews how campuses are navigating between protecting victims but also being fair to the accused parties.

"Hospital safety: how not to get sick(er) in the hospital." Consumer Reports, February 2015, pp. 32, 34-37
Discusses a recent survey of hospitalized people that found a link between respectful treatment and patient safety. Includes a list of top- and bottom-scoring hospitals for safety and respect.

"Canada's immigration policy: no country for old men." Economist, January 10th-16th, 2015, pp. 31-32
Discusses Canada's "Express Entry system," which ranks immigrants seeking permanent residency on a 1,200-point scale that favors people with a job offer or a nomination under one of several immigration plans aligned with job vacancies. Notes concerns that the employer-led system is subject to fraud and discrimination.

"Tesla, Texas?" By Scott Nishimura. Fort Worth Business Press, January 19-25, 2015, p. 11
Identifies geography, Texas Enterprise Fund restrictions, and the Texas law barring car makers from selling directly to the public as contributing factors in Tesla Motor's decision not to build its battery factory in Texas. Includes comments by David Berzina, Executive Vice President of Economic Development with the Fort Worth Chamber of Commerce.

"Dallas or bust: bullet train will mean big changes for Houston." By Nicholas Sakelaris. Houston Business Journal, January 16-22, 2015, pp. 16-17
Discusses the proposed high-speed rail system linking Dallas and Houston and why it is a point of debate among Texas residents and business owners.

"Closing the energy-demonstration gap." By Richard K. Lester and David M. Hart. Issues in Science and Technology, Winter 2015, pp. 48-54
Examines approaches to minimize the risk of demonstrating new clean energy technologies. Explains that demonstration projects can cost millions of dollars, a price tag that can deter private investors and squelch innovation. Points out where states can lead the way to incentivizing new clean energy.

"The implications of marijuana legalization in Colorado." By Andrew W. Monte, Richard D. Zane, and Kennon J. Heard. JAMA (Journal of the American Medical Association), January 20, 2015, pp. 241-242
Examines marijuana policy in Colorado.

"Legislative prescriptions for controlling nonmedical vaccine exemptions." By Y. Tony Yang and Ross D. Silverman. JAMA (Journal of the American Medical Association), January 20, 2015, pp. 247-248
Looks at legislative approaches states may try to curb outbreaks of vaccine-preventable illnesses.

"Health information technology workforce needs of rural primary care practices." By Susan M. Skillman, et al. Journal of Rural Health, Winter 2015, pp. 58-66
Assesses the needs of the rural primary care workforce with regard to health information technology and electronic health records. Finds that existing staff in the rural health care workforce will need more staff training to implement the new technology.

"State and local tax concerns regarding digital currency." By James K. Smith and Judith Hora. Journal of State Taxation, Winter 2014, pp. 29-33, 56
Explores potential state tax issues with digital currency such as Bitcoin, and explains how Bitcoin works. Addresses sales tax issues of anonymity of Bitcoin purchasers, and whether Bitcoin is subject to sales tax.

"Ted Cruz: loose cannon or libertarian reformer?" By Glenn Garvin. Reason, February 2015, pp. 18-24
Summarizes U.S. Senator Ted Cruz's background and examines his views on various prominent issues. Considers his potential 2016 presidential run.

"Texas is getting a whiff of legal marijuana debate." By Kimberly Reeves. San Antonio Business Journal, January 9, 2015, p. 10
Discusses the various states that have some kind of legislation regarding recreational or medicinal marijuana. Discusses financial and non-financial implications legalized marijuana presents to those states that have legalized its use.

"Marijuana's medical future." By David Noonan. Scientific American, February 2015, pp. 32, 34
Explores potential medical uses of marijuana. Notes that 23 states and the District of Columbia allow the use of medical marijuana to treat some conditions.

"Appeals court finds some court costs unconstitutional." By Brenda Sapino Jeffreys. Texas Lawyer, January 19, 2015, p. 9
Highlights recent court opinion by the First Texas Court of Appeals in Houston, Peraza v. Texas, which challenged the constitutionality of court fees paid by criminal defendants because the fees do not directly benefit the court system. Notes that 35 percent of the revenue collected from the DNA record fee assessed under Texas Code of Criminal Procedure Article 102.020(a)(1) is deposited in the state treasury to the credit of the state highway fund and 65 percent of the funds to the credit of the criminal justice planning account in the general revenue fund.
Related information at:http://www.search.txcourt ...
Related information at:http://www.statutes.legis ...


"House committee: we need law to curb 'patent abuses'." By Angela Morris. Texas Lawyer, January 19, 2015, p. 5
Discusses the Texas House Technology Committee's December 2014 interim report, which notes the committee's findings and recommendations for its study of whether abuses in the patent system interfere with the goal of expanded opportunity and innovation for Texas businesses and whether actions by the state can address such abuses.
Report at: http://www.lrl.state.tx.u ...


"City property taxes: tremendous bang for the buck." Texas Town & City, January 2015, pp. 14-15
Examines Texas cities' reliance on property tax revenue, and provides possible actions to reduce cities' dependence on property taxes.

"Reverse intergovernmental aid: cities partner with the state to support state programs." Texas Town & City, January 2015, pp. 19-23
Examines a variety of programs in which the state and cities work together, both in collecting fees and participation in joint projects.

"Yours, mine or ours?" By Judon Fambrough. Tierra Grande, January 2015, pp. 2-5
Reviews recent Texas case law involving the rule of capture and oil, gas, and groundwater production, as well as the trespassing of injected wastewater from hydraulic fracturing. Highlights law from the 83rd Legislature that addresses the treatment and recycling of oil drilling wastewater.
See:http://recenter.tamu.edu/ ...


"The cost of cheap gas." By Alex Altman, et al. Time, February 2, 2015, pp. 32-39
Explores ramifications of declining oil prices on the United States and the world. Identifies both economic losers and winners. Details how lower oil prices are affecting shale-oil and -gas producers, jobs, and communities in Texas. States the shale boom is over for the Lone Star State. Quotes Ray Perryman.

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