BEAUMONT – In July, the Ninth Court Appeals granted a motion to stay a wrongful death lawsuit brought against Entergy Arkansas while justices examined a special appearance issue in the case.
We have seen many examples of an “engaged judiciary” at the state court level, and it isn’t always pretty. Advocates of resuscitated constitutional protection for economic liberties—which were demoted to second-class status during the New Deal with the abandonment of the “substantive due process” doctrine in West Coast Hotel Co. v. Parrish (1937)—often argue in favor of a more rigorous standard of judicial review, across the board, when laws are challenged. This heightened judicial role is some
Like unruly schoolchildren using the presence of a substitute teacher as an opportunity to misbehave, in Veasey v. Abbott, the U.S. Court of Appeals for the Fifth Circuit, sitting en banc, has sent the jurisprudential equivalent of a spitball at the U.S. Supreme Court knowing that the deadlocked Court would probably take no corrective action.
BEAUMONT - The Ninth Court Appeals recently granted a motion to stay a wrongful death lawsuit brought against Entergy Arkansas while justices examine a special appearance issue in the case.
The Jurisprudence of Civil Asset Forfeiture by MARK PULLIAM|Leave a Comment 3 Hand grabbing money bag The seizure by the state of assets connected to crime is a controversial subject. Asset forfeiture’s proponents—mainly law-enforcement agencies—view it as essential to fighting crime (especially the drug trade), because it deprives wrongdoers of the fruits of their illicit activities.
AUSTIN – Two separate opinions have been issued this month by Texas Attorney General Warren Kenneth "Ken" Paxton Jr's office, both in response to separate requests from former Commissioner of Education Michael Williams.
The long-awaited decision from the Texas Supreme Court in the school finance case, Morath v. Texas Taxpayer and Student Fairness Coalition, was issued on May 13, 2016. (The case was argued over eight months earlier.) The court’s jargon-laden 100-page (!) decision can be summarized with this sentence: “Despite the imperfections of the current school funding regime, it meets minimum constitutional requirements.”
