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Lino Graglia: The Happy Warrior Soldiers On

My law school years (1977-80) at the University of Texas were, in hindsight, close to idyllic. I loved my first-year professors, tuition at UT was dirt cheap, Austin was a wonderful place to live, and I reveled in the “college town” ambience, which was new to me. (Prior to arriving at UT, I had never attended a college football game. During my first year—when the Longhorns went undefeated in the regular season and Earl Campbell won the Heisman Trophy–I had season tickets on the 50-yard line at UT’s gigantic Memorial Stadium, for a pittance that even a broke law student could afford.) The post-game victory spectacle—honking horns on the Drag and the Tower lit up in orange—formed indelible memories.

Will the Janus Case Strike the Deathblow to Public Sector Unions?

The Supreme Court will hear oral argument today [February 26] in one of the term’s most important—and highly publicized—cases, Janus v. American Federation of State, County, and Municipal Employees, Council 31. As many readers are aware, the case involves the constitutionality of “agency shop” arrangements in public sector collective bargaining agreements, which compel non-member employees to make payments in lieu of union dues as a condition of their employment. Agency shop clauses are commonly used in public-sector labor contracts, enabling powerful unions representing teachers and other government employees to collect large sums of money from workers who never consented to such exactions (and who, for that matter, never voted in favor of union representation).

The Steep Costs of Judges as Institutional Reform Advocates

This is the first installment of a two-part post on the long-running lawsuit involving Texas’ foster care system, styled M.D. v. Abbott. I begin with an overview of the numerous problems for democratic governance that are created by “institutional reform litigation.”

Usual Suspects: Lawyers used to getting their way in MDL process to lead opioid litigation

Legal Newsline

CLEVELAND (Legal Newsline) - There will be a lot of familiar faces in U.S. District Judge Dan Polster’s courtroom in Cleveland on Jan. 31, when lawyers gather for a hearing on multidistrict litigation against the nation’s opioid manufacturers and distributors.

Prosecutorial Collusion in the Fourth Estate: Anatomy of a Witch Hunt, Part 4

Mark Pulliam analyzes the baseless and politically-motivated prosecution of Texas Attorney General Ken Paxton, exploring the disturbing collusion between the news media and the special prosecutors.

None Dare Call It Politics: Anatomy of a Witch Hunt, Part 3

On November 4, 2014, when the 51-year-old Ken Paxton was triumphantly elected Attorney General of Texas, defeating his Democrat opponent, the euphoniously named Sam Houston, by over 20 percentage points, the conservative movement in the Lone Star State had a new rising star. Paxton’s enemies were worried; the Tea Party favorite, an impressive University of Virginia law school graduate, seemed bound for the Governor’s mansion, a prospect that made the state’s centrist GOP Establishment aghast. Paxton’s political career had been nothing short of meteoric. First elected to public office in 2002 with the support of grass-roots activists and evangelicals, Paxton represented his suburban Dallas district in the Texas House of Representatives for a decade before winning a coveted promotion to the exclusive 31-member Texas Senate in 2012.

League City property buyers allege seller failed to disclose home's defects

GALVESTON – The buyers of a League City property allege they have incurred significant out-of-pocket costs to repair defects in the property that the seller failed to disclose.

Anatomy of a Witch Hunt

Part 1: The indictment of Texas Attorney General Ken Paxton was procured through deception.

Bedspread in aisle posed ‘unreasonable risk of harm,’ suit against Kohl’s alleges

BEAUMONT – A bedspread placed in an aisle of a Kohl’s Department Store nearly two years ago “posed an unreasonable risk of harm” to shoppers, according to a recently filed lawsuit.

Woman seeks more than $1 million after fall in Houston parking lot

HOUSTON – A Harris County woman alleges a rock caused her to fall and break both legs in a Houston parking lot.

Op-Ed: It's Time for Pharma to Take Responsibility for Opioid Deaths

There is much blame to be shared, but why the delay for judgment?

African-American real estate agent alleges discriminatory treatment from Concierge Auctions

HOUSTON – An African-American real estate agent in the Houston metro area alleges that she was damaged by a Florida-based company's discriminatory practices.

Houston resident sues debt-collection agency for deceptive practices

BROWNSVILLE — A consumer has filed a class-action lawsuit against Continental Service Group Inc., a collection agency that does business as ConServe, alleging deceptive debt-collection practices.

Pennsylvania consumer sues debt collector

HOUSTON — A Pennsylvania resident is suing LTD Financial Services LP, a debt collector, citing alleged deceptive debt collection practices.

Johnson & Johnson 'remains committed' in battle against hip implant lawsuits

DALLAS – Medicinal-pharmaceutical corporate giant Johnson & Johnson Co. continues to battle more than 8,000 lawsuits made against the company over an allegedly defective hip implant device, and attorneys for the firm insist they are in the right despite continuing setbacks in a case that seems to have no end.

Lone Star Chamber

Texas’s top law officer, Ken Paxton, faces an unjustified legal gauntlet.

Ninth Court affirms SJ wins for Chase, Pleasure Pier HOA

BEAUMONT – The Ninth Court of Appeals recently affirmed that a trial court was right in awarding summary judgment to JP Morgan Chase and the Pleasure Pier Homeowners Association in a wrongful foreclosure lawsuit.

Consumers allege Bournview Recovery Group violated debt collection laws

SHERMAN – A Van Alstyne resident and an Anna resident have filed a class action suit against a New York debt collector over allegations that it violated collection laws.

Our Living (That Is, Amendable) Constitution

Proponents of “living constitutionalism” or other non-originalist theories of constitutional law sometimes argue that our now 230-year-old Constitution wasn’t designed for current social conditions. Prevailing attitudes on a variety of subjects have changed dramatically since 1787, critics of originalism say. Judges must be allowed to augment or update the Constitution to keep it “relevant.”

NFL appoints arbitrator to hear appeal by Dallas Cowboys star Elliott

DALLAS – Noted case arbitrator Harold Henderson will hear an appeal by Dallas Cowboys star running back Ezekiel Elliott to have a six-game suspension reduced after the football player was accused of domestic violence in a case that is pitting the NFL against its players union.