With apologies for the pun, the Fifteenth Court of Appeals faces an “unprecedented” situation.
Unlike the other intermediate courts of appeal in Texas, the newly created Fifteenth Court of Appeals has no immediate predecessor. The Legislature gave it statewide jurisdiction over specific kinds of cases, as opposed to general jurisdiction over cases from a particular geographic area. As a result, that court does not start with an “inherited” body of precedent.
The Fifteenth Court thus faces a novel—and fundamental—question: what is its precedent?
This episode examines five sources of insight for answering that question: (1) English common law (as defined by a Texas statute dating back to the Republic); (2) “vertical” precedent, as described by a 2022 supreme court case; (3) federal practice about the Erie doctrine; (4) generally recognized conflicts-of-laws principles; and (5) historical examples from the 1840s, when the Supreme Court of the Republic of Texas confronted a similar problem with a lack of precedent.
"The socialists are coming!" (Or, are they already here?)
Signs of the Times - Does the First Amendment Protect I-35's Giant Billboards?
Why are you striking those Hispanic jurors?
Can a state require vaccinations? And is the Supreme Court's 1905 answer still good?
Too conservative for the Roberts Court? The 5th Circuit goes to Washington.
"But I Don't Want to Wear a Mask!"
The Case of the Missing Mule
The liberty to sell a slave? An 1843 Republic of Texas court case still has a lot to teach us.
"Cancel Culture" and the First Amendment - lessons from a recent 8-8 Fifth Circuit case
Roger Stone's pardon - two concerns (PILOT)
James Throckmorton - should his statue remain in place? (PILOT)
Chiafolo v. Washington - what do "faithless electors" mean for me? (PILOT)
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