This episode examines arguments for why the proposed new system of business courts may not pass muster under Texas' state constitution.
Specifically, it examines the constitutionality of appointing trial-level judges, and of creating a new "Fifteenth Court of Appeals" with statewide jurisdiction over one specific type of questions.
It reviews whether this structure is consistent with an "originalist" understanding of Texas' Reconstruction-era constitution and its vision of highly decentralized state government.
The episode concludes by asking whether it really advances the stated goal of "certainty" in Texas business law to create a new court system whose constitutional legitimacy is sure to be challenged.
Interview with Dr. Ben Voth about James Farmer, Jr.
What is the Fifteenth Court's Precedent?
How Good is Generative AI? ChatGPT and I Co-Author a Tale
Can the Texas Supreme Court do that? "Adminstrative stays" in the state courts of Texas
University Presidents, Calls for Genocide, and Aristotle
Jury Consultant Jason Bloom Returns - The "New Normal" of Jury Selection for 2024
How to Fix Political-Candidate Debates
Slavery and the Republic of Texas Supreme Court: What Can we Learn?
Mifepristone May: Upcoming Argument About "Conservatism"
Interview with ChatGPT
"WWHD"? How should courts use the question: "What Would Hamilton Do?"
Coale Kids on Book Bans, Dress Codes, and Motto Posters
Abortion Access as a Human Right: Interview With Julie F. Kay
The National Motto, the Texas Legislature, and the Southlake Dragons
God, Sex, Life, and Dobbs: Who are the "People's Elected Representatives"?
Abortion Travel Restrictions After Dobbs: Constitutional?
The Administrative State Strikes Back?
Originalism and its Discontents
Cities and Counties as Post-Roe Bulwarks: Who Are the "People's Elected Representatives"?
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