Authors: Alfred A. Lindseth and Eric A. Hanushek
State High Court | Judicial Selection Process | Legal Authority |
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Latest News
- Fisher Investments moving HQ from Camas to Texas - The Columbian
- Ruling In Favor Of Washington State Capital Gains Tax, A Big Win For Progressives, Is An Outlier In The Overall Trend - Forbes
- AG Yost Pushes Back on Biden’s Attempt to Rescind Protection for ... - Ohio Attorney General
- Kansas court to review pair of unenforced abortion laws - KWCH
- Paxton Defends Pro-Life West Virginia Law Against a Challenge ... - Texas Attorney General (.gov)
- Netanyahu neutering the Supreme Court - POLITICO - POLITICO
- Joan Biskupic's Barely-There Exclusives - Reason
- Op-Ed: The Supreme Court says good guys with guns save lives - The Center Square
- Most back legal abortion as state high court weighs limits: Iowa Poll - Des Moines Register
- Biden's student loan forgiveness program faces a new threat from Senate Republicans - CNN
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.