Authors: Alfred A. Lindseth and Eric A. Hanushek
State High Court | Judicial Selection Process | Legal Authority |
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Latest News
- Gregg County judges to meet on court order relaxing COVID-19 protocols - Longview News-Journal
- OP-ED: Liability on the ranch - Orange Leader - Orange Leader
- Some Texans picking up the pieces after the winter storm have sued ERCOT. How likely are they to be successful? - KENS5.com
- Gov. Greg Abbott touts bill to stop Twitter, Facebook from banning Texans - The Texas Tribune
- Texas vaccine distribution gets boost, effect in Waco not yet known - Waco Tribune-Herald
- As Gov. Abbott opens Texas, in-person court proceedings allowed to resume - Houston Chronicle
- Federal COVID-19 Eviction Moratorium Struck Down - The National Law Review
- Texas courts cleared for in-person trials after coronavirus created backlog - The Texas Tribune
- Working From Home, Income Taxes and the Supreme Court | New York Law Journal - Law.com
- Texas Attys Approve Trade Name Shift - Law360
Scholarship & White Papers
Public Opinion Research
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Forum on Selection Methods for State Judges
Dallas Lawyers Chapter, 17 March 2009 – Event Audio/Video
Featuring: Wallace Jefferson, Harold F. See, Jr., Dan Morenoff
Media & Commentary
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Texas Supreme Court Rules in Favor of Private-Property Owners in Case on Public Access to Beaches
In a case of first impression, the Texas Supreme Court recently ruled in Severance v. Paterson1 that the rights of private-property owners trump the public’s right to access beaches on private property. The court held 5-3 that when an act of nature “suddenly and dramatically” pushes back the vegetation line on a beach, the public easement that state law creates on beaches does not move along with it.2 In other words, while easements may change gradually, an avulsion3 does not entitle the state to a drastic expansion of its claim over existing private property.4 This article will describe the background and decision in Severance and examine how this case fits in with coastal-property jurisprudence.
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State Court Challenges to Legislatively Enacted Tort Reforms
Over the past three decades, proponents of civil liability reform have made significant gains.1 Propelled by significant electoral gains in the 2010 cycle, it appears that the trend will continue this year, with 21 states so far enacting civil liability legislation.