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.
Podcasting About Podcasting! I interview Todd Smith and Jody Sanders about their "Texas Appellate Law" podcast podcast
Why the Supreme Court is Like a Bowl of Soup: Clarence Thomas + Dobbs = Legitimacy Worries
Randomized SCOTUS Terms: A Cure for Dull Confirmation Proceedings?
Can SB8 be adapted to regulate firearm sales?
My Law Firm Has Reopened: What Now? Interview with design expert Anne Kniffen.
"Can the School Board Ban that Book?"
Juries, Voters, and Acceptance of Responsibility: Jury Consultant Jason Bloom Returns
"Chocolate Is Life": How to Navigate a Global Supply Chain and Eat Well Too!
"SB8: A Terrible Beauty" - November 2021 Baylor Law Presentation, Part Two
"SB8: A Terrible Beauty" - November 2021 Baylor Law Presentation, Part One
The Law of Thanksgiving: How a National Holiday Comes to Be
"In re Debs" - the 1895 railroad-strike case that may control the Texas abortion dispute
Critical Race Theory in Texas Schools: Valuable Tool, Scary Monster, or Something Else Entirely?
Does the Heartbeat Act violate the "Open Courts Clause" of the Texas Constitution?
Treason, or Smart Soldiering?
Interview with Matt Rinaldi, the new Texas GOP Chair
Does the Heartbeat Act violate the Texas Constitution?
Interview with Former Railroad Commission Candidate Chrysta Castaneda -- Why the Lights Went Out in February . . . and Will it Happen Again?
Is the Fifth Circuit More Conservative Than the Roberts Court? Revisited.
No, Donald Trump Can't Be "Reinstated" as President
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