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65 S.M.U. L. Rev. [i] (2012)

handle is hein.journals/smulr65 and id is 1 raw text is: SMU Law Review VOLUME 65 WINTER 2012 NUMBER 1 © 2012 by Southern Methodist University TABLE OF CONTENTS ARTICLES The Separation of Higher Powers ................ Richard Albert 3 Who Is Liable for Attorney's Fees Under Texas Civil Practice & Remedies Code Section 38.001 in Breach of Contract Litigation? .......... Gregory Scott Crespi 71 Balancing Privacy, Autonomy, and Scientific Needs in Electronic Health Records Research ................... Sharona Hoffman 85 and Andy Podgurski Contract Theory and Some Realism About Employee Covenant Not to Compete Cases ....................... Daniel P. O'Gorman 145 CASENOTES Civil RICO Liability-The Second Circuit's Interpretation of the PSLRA Amendment Has Broad Implications for Victims of Securities Fraud Conspiracy ................. Michael Buscher 205 Unconstitutional Conditions: The Second Circuit Splits with the D.C. Circuit and Erroneously Finds Anti-Prostitution Pledge Required for HIV/AIDS Funding Unconstitutional .......................... Cole Davis 213 The Fourth Amendment-The Burden of Proof for Exigent Circumstances in a Warrantless Search Civil Action .............. Adrienne Lewis 221 An Eighth Amendment State of Emergency- Prisoner Reduction Order as a Last Resort in Brown v. Plata ................ Neil Stockbridge 229

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