Legislative Reference Library

Current Articles list for April 23, 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.

"States of same-sex marriage." By Mark Walsh. ABA Journal: The Lawyer's Magazine, April 2015, pp. 19-20
Provides an overview of the same-sex marriage cases to be heard by the United States Supreme Court in late April. Explains there are two issues to be addressed: 1) does the 14th Amendment require a state to license a marriage between two people of the same sex, and 2) does the amendment recognize the same-sex marriage of couples who were legally married in other states that recognize same-sex marriage.

"The decreasing affordability of public flagships, in one chart." By Goldie Blumenstyk, Lance Lambert, and Beckie Supiano. Chronicle of Higher Education, April 10, 2015, pp. A26, A28
Investigates affordability at public flagship universities. Concludes in nearly four out of five states, the average net price of the flagship university now makes up a greater proportion of the median household income for state residents than five years ago. Includes Texas in a group of three states offering the best combination of circumstances — median incomes up and average net prices down.

"Texas cancer center, releasing private report, strikes back at AAUP." By Peter Schmidt. Chronicle of Higher Education, March 27, 2015, p. A19
Reports on a disagreement M.D. Anderson Cancer Center has with the American Association of University Professors (AAUP) over a pending investigative report looking at cases of two faculty members whose contracts were not renewed, and a third who was reassigned to an administrative position. Refers to recent steps by faculty members to bring attention to their difficulties with the center's executive leadership.
Related information at:http://www.aaup.org/media ...


"Universities consider what to disclose about researchers' backing." By Paul Basken. Chronicle of Higher Education, April 10, 2015, p. A8
Examines recent requests from across the political spectrum for information about sources of university researchers' financial support and information about their scientific work. Discusses the difficulty with balancing academic freedom and public accountability. Suggests a possible solution might be adding financial disclosure of researcher income to the accreditation process.

"Texas Whistleblower Act." By Vanessa A. Gonzalez. County Progress, April 2015, pp. 46-47
Reviews two major cases in which the Texas Supreme Court decided on the applicability of Texas Whistleblower Act protections, with a focus on the questions used to determine if protections are appropriate.

"Move by insurer beefs up its Texas operation." By Bill Hethcock. Dallas Business Journal, April 17, 2015, pp. 4-6
Discusses Liberty Mutual's decision to consolidate a variety of operations in a new Plano campus that will bring 5,000 jobs to the area. Considers the impact of recent corporate relocations on the Plano and Dallas Fort Worth economies.

"Central America: stemming the migrant tide." Economist, April 18th-24th, 2015, pp. 31-32
Discusses the Obama Administration's proposed aid package to foster economic development and bolster job-creating industries in Guatemala, El Salvador and Honduras. Notes that while the numbers of unaccompanied minors have decreased, more than 15,000 were caught crossing the US–Mexico border in the past six months.

"Yes, no, maybe so: uncertainty in Texas groundwater withdrawal for hydraulic fracturing." By Yong Eoh. Houston Law Review, Volume 52, Number 4, pp. 1227-1253 (Note Length)
Begins with background regarding the basic drilling process, fracking, and the relevance of groundwater in this contest. Provides a summary of Texas water law and focuses on groundwater law as developed by the courts, the state, and regulatory agencies. Offers alternative frameworks that might promote certainty in Texas groundwater law as it relates to fracking.

"Estimating tax savings from homestead exemptions and property tax credits." By Adam H. Langley. Internet Resource, April 2015, pp. 1-18
Examines tax savings from statewide property tax exemption and credit programs in the United States. Presents estimates for each state for 2012 on the Lincoln Institute of Land Policy's Significant Features of the Property Tax website. Includes the total amount of tax savings statewide, the share of homeowners that are eligible, the median level of tax relief, and an analysis of how eligibility and tax savings vary across the income distribution.

"Undocumented immigrants' state and local tax contributions (2015)." By Matthew Gardner, Sebastian Johnson, and Meg Wiehe. Internet Resource, April 2015, pp. 1-20
Provides state-by-state and national estimates of the state and local tax contributions of the 11.4 million undocumented immigrants living in the United States as of 2012. Projects the increase in tax contributions if all undocumented immigrants were granted lawful permanent residence, and the increase in contributions of the 5.2 million immigrants directly affected by President Obama's executive actions in 2012 and 2014.
See:http://www.itep.org/pdf/u ...


"Improving lifetime health by promoting behavioral health." By Thomas F. Boat. JAMA (Journal of the American Medical Association), April 21, 2015, pp. 1509-1510
Examines how behavioral disorders in children affect their overall health outcomes.

"Race, poverty, and medicine in the United States." By Howard Bauchner. JAMA (Journal of the American Medical Association), April 14, 2015, p. 1423
Considers how race and income are associated with disparities in health care. Recognizes that no simple solutions exist to achieve equity in medicine.

"Law and order in Texas." Journal of the Texas Supreme Court Historical Society, Spring 2015, pp. 53-58
Reviews the various ways the Texas judiciary has been organized through the years and how criminal appeals have been handled.
See:http://www.texascourthist ...


"Six constitutions over Texas: law and political identity in Texas, 1845-1861." Journal of the Texas Supreme Court Historical Society, Spring 2015, pp. 18-29
Analyzes the 1846 and 1861 Texas Constitutions as artifacts that illuminate the political ideologies and cultural identities of the time and puts them in historical context. Suggests the 1845 Constitution displayed a preoccupation with the white yeoman farmer ideal and a mistrust of banks and commercial interests. Discusses the changes made in 1861 to reflect the changing state of affairs with secession and the thematic shift of fear — from Indians and the Mexican government to slaves and the Northern government.
See:http://www.texascourthist ...


"Measles — United States, January 4–April 2, 2015." By Nakia S. Clemmons, et al. Morbidity and Mortality Weekly Report (MMWR), April 17, 2015, pp. 373-376
Reviews measles cases in the United States for 2015. Notes that one outbreak that started in a California theme park accounts for 70 percent of all measles cases this year.
See:http://www.cdc.gov/mmwr/p ...


"The rule of history." By Jill Lepore. New Yorker, April 20, 2015, pp. 83-86, 88
Reviews the history of the Magna Carta and its symbolism and role in American government. Suggests its significance has been overstated and its meaning distorted, but that it remains an important icon.
See:http://www.newyorker.com/ ...


"ESEA at 50." By Jack Jennings. Phi Delta Kappan, April 2015, pp. 41-46
Reviews the history of the Elementary and Secondary Education Act of 9165 (ESEA), the main source of federal aid to states and local school districts and the beginning of broad federal involvement in the daily operation of schools. Suggests the act has had an overall positive effect on education, but that a new direction and new objectives are needed.

"Businesses a bit ambivalent about tax cuts." By Kimberly Reeves. San Antonio Business Journal, April 17, 2015, p. 22
Examines Texas business leaders' reactions to tax cut legislation proposed by both the state Senate and House of Representatives.

"Lawmakers tasked to keep up tech momentum." By Kimberly Reeves. San Antonio Business Journal, April 10, 2015, p. 16
Discusses alternatives to the state's Emerging Technology Fund (ETF) that the Texas Legislature may consider. Mentions Representative Angie Chen Button, and HB26, 84th Legislature, R.S., as the omnibus bill on incentive funds that aims to replace the ETF.

"How will longer lifespans affect state and local pension funding?" By Alicia H. Munnell, Jean-Pierre Aubry, and Mark Cafarelli. State and Local Pension Plans (Center for Retirement Research at Boston College), April 2015, pp. 1-16
Considers whether public pensions will face cost increases due to improved longevity of employees and retirees. Examines public plan liabilities and funded ratios under two alternative scenarios: a new mortality table designed for private sector plans, and full incorporation of expected future mortality improvements. Includes estimates for Employees Retirement System of Texas, Teacher Retirement System of Texas, Texas County & District Retirement System, and Texas Municipal Retirement System.
See:http://crr.bc.edu/wp-cont ...


"Bracing for headwinds." By Craig R. McMahen and Mike Zimmerman. Texas Banking, April 2015, pp. 14-17
Looks at the effect of energy prices, stock price declines, the IPO market, and the regulatory environment on banking mergers and acquisitions (M&A) activity in Texas.

"Halftime report." By Celeste Embrey. Texas Banking, April 2015, pp. 12-13
Presents an update on banking issues halfway through the 84th Legislature. Mentions HB1208, 84th Legislature, R.S., by Representative Cecil Bell, regarding lender notice to contractors about construction loan or financing defaults.

"Senators, witnesses pummel insurance reform bill." By Angela Morris. Texas Lawyer, April 13, 2015, p. 11
Points out concerns about possible unintended consequences that could result from a proposed bill that aims to rein in property insurance litigation over hail damage, SB1628, 84th Legislature, R.S. Includes comments by Senators Larry Taylor, Rodney Ellis, and Kirk Watson.

"Surface tension." By Judon Fambrough. Tierra Grande, April 2015, pp. 20-24
Clarifies the Accommodation of Estates Doctrine or "alternative means doctrine," rules used to balance the rights of surface owners and mineral lessees' use of the surface to explore and produce minerals. Highlights case law relating to the application of the doctrine.

"Texas triangle: economic engine of the Southwest." By Robert W. Gilmer and Samuel Redus. Tierra Grande, April 2015, pp. 10-13
Reports the Texas Triangle, composed of Dallas-Fort Worth, Houston, San Antonio, and Austin, is the economic heart of Texas, representing 68 percent of jobs in the state and 73 percent of the state's income. Suggests these Triangle cities, rather than competing, function as one economic entity with complementary roles. Compares this economic entity with other large U.S. metropolitan areas.

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