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State and Local Government Law

Southern Methodist University

2021

Articles 1 - 18 of 18

Full-Text Articles in Law

Fewer, Not Fairer, Victoria Smiegocki, Pamela R. Metzger, Andrew L.B. Davies Nov 2021

Fewer, Not Fairer, Victoria Smiegocki, Pamela R. Metzger, Andrew L.B. Davies

Deason Criminal Justice Reform Center

In 2019, police across Dallas County asked the District Attorney to prosecute fewer marijuana cases than the year before. This report examines whether the racial disparity in those cases improved at the same time. Fewer, Not Fairer shows that while the number of referrals declined, police were still more likely to refer a Black person for marijuana prosecution than a non-Black person. However, some cities achieved more fairness when their police departments almost entirely stopped requesting marijuana prosecutions altogether.


The Texas Legislature Has Significantly Broadened The Statute Governing Recovery Of Attorney's Fees In Breach Of Contract Cases, Gregory Scott Crespi, West Menefee Bakke Aug 2021

The Texas Legislature Has Significantly Broadened The Statute Governing Recovery Of Attorney's Fees In Breach Of Contract Cases, Gregory Scott Crespi, West Menefee Bakke

SMU Law Review Forum

Texas recently enacted amendments that significantly expand the scope of section 38.001 of the Texas Civil Practice & Remedies Code, a statute that awards attorney’s fees to successful claimants in breach of contract cases. Under the new amendments, which take effect September 1, 2021, the prevailing party may recover reasonable attorney’s fees from most forms of business organizations, including partnerships and limited liability companies—not just from individuals and corporations, as the statute previously provided. And although there has been some confusion on this point, the amended statute continues to protect governments and governmental agencies from attorney’s fees liability. Additionally, the …


Budding Change, Pamela R. Metzger, Victoria Smiegocki, Kristin Meeks Jul 2021

Budding Change, Pamela R. Metzger, Victoria Smiegocki, Kristin Meeks

Deason Criminal Justice Reform Center

Budding Change explores what happened when Dallas County District Attorney John Creuzot (DA Creuzot) radically changed his office’s policies about the prosecution of first-time misdemeanor marijuana cases. The report concludes that DA Creuzot’s 2019 policies were associated with significant reductions in police enforcement of marijuana misdemeanor laws. As a result, marijuana screening caseloads within the District Attorney’s Office declined substantially. Budding Change shows that prosecutorial policies can have a profound impact on policing behaviors.


The Abcs Of Racial Disparity, Pamela R. Metzger, Kristin Meeks, Victoria Smiegocki, Kenitra Brown Jul 2021

The Abcs Of Racial Disparity, Pamela R. Metzger, Kristin Meeks, Victoria Smiegocki, Kenitra Brown

Deason Criminal Justice Reform Center

Data show that Black and White people use marijuana at roughly equal rates. Yet in 2018, in six of Dallas County's biggest cities, Black people were vastly overrepresented in the enforcement of low-level drug crimes. With a look at enforcement trends before the election of District Attorney John Creuzot, this study launches a series of reports about how his reforms have impacted Dallas County.


The Rural Texas Sheriff, Andrew L.B. Davies, Valeria Liu, Elisa Torossian Apr 2021

The Rural Texas Sheriff, Andrew L.B. Davies, Valeria Liu, Elisa Torossian

Deason Criminal Justice Reform Center

The Rural Texas Sheriff reports on a focus group conducted in conjunction with the Deason Center's 2019 Rural Criminal Justice Summit. The report places rural Texas sheriffs and their agencies in a national context. It also offers insight into the focus group's perceptions of rural law enforcement and jail management. With first-hand accounts of these sheriffs’ experiences, the report offers a compelling look at the personal and professional lives of Texas’ rural sheriffs.


Civil Procedure: Pretrial & Trial, Amanda Sotak, Don Colleluori, Andrew C. Whitaker Jan 2021

Civil Procedure: Pretrial & Trial, Amanda Sotak, Don Colleluori, Andrew C. Whitaker

SMU Annual Texas Survey

This article is a survey of the relevant developments in civil procedure law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.


Front Matter Jan 2021

Front Matter

SMU Annual Texas Survey

No abstract provided.


Criminal Procedure: Confessions, Searches, And Seizures, Honorable Barbara Parker Hervey, Carson Guy, Alexander R. Comsudi Jan 2021

Criminal Procedure: Confessions, Searches, And Seizures, Honorable Barbara Parker Hervey, Carson Guy, Alexander R. Comsudi

SMU Annual Texas Survey

This article is a survey of the relevant developments in criminal procedure law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.


Insurance Law, J. Price Collins, John I. Goodwin Iii, Keira Hornyak Jan 2021

Insurance Law, J. Price Collins, John I. Goodwin Iii, Keira Hornyak

SMU Annual Texas Survey

This article is a survey of the relevant developments in insurance law from December 1, 2019, through November 30, 2020. The article focuses predominantly to Texas law.


Partnership Law, Troy Christensen, Jeff Dorrill, Matthew Schindel, Mary Claire Cranford, Christopher Neal Jan 2021

Partnership Law, Troy Christensen, Jeff Dorrill, Matthew Schindel, Mary Claire Cranford, Christopher Neal

SMU Annual Texas Survey

This article is a survey of the relevant developments in partnership law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.


Survey Of Recent Mandamus Decisions Of The Texas Supreme Court, Honorable Douglas S. Lang Jan 2021

Survey Of Recent Mandamus Decisions Of The Texas Supreme Court, Honorable Douglas S. Lang

SMU Annual Texas Survey

This article is a survey of the relevant developments in Texas’s mandamus jurisprudence from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.


Bankruptcy, Honorable Harlin D. Hale, Grayson W. Williams Jan 2021

Bankruptcy, Honorable Harlin D. Hale, Grayson W. Williams

SMU Annual Texas Survey

This article is a survey of relevant developments in bankruptcy law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.


Oil, Gas, And Mineral Law, Austin W. Brister, Michael G. Szymanski Jan 2021

Oil, Gas, And Mineral Law, Austin W. Brister, Michael G. Szymanski

SMU Annual Texas Survey

This article is a survey of the relevant developments in oil, gas, and mineral law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.


Real Property, J. Richard White, Amanda Grainger Jan 2021

Real Property, J. Richard White, Amanda Grainger

SMU Annual Texas Survey

This article is a survey of the relevant developments in real property law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.


Securities Regulation, Bill Banowsky, Jessica Magee Jan 2021

Securities Regulation, Bill Banowsky, Jessica Magee

SMU Annual Texas Survey

This article is a survey of the relevant developments in securities regulation law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.


Professional Liability, Chelsea Glover, Sven Stricker, Stephanie Assi Jan 2021

Professional Liability, Chelsea Glover, Sven Stricker, Stephanie Assi

SMU Annual Texas Survey

This article is a survey of the relevant developments in professional liability law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.


Wills & Trusts, Gerry W. Beyer Jan 2021

Wills & Trusts, Gerry W. Beyer

SMU Annual Texas Survey

This article is a survey of the relevant developments in law of wills and trusts from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.


Franchise Law, Deborah S. Coldwell, Sally L. Dahlstrom, Taylor Rex Robertson, Wes Dutton, Samuel Mallick Jan 2021

Franchise Law, Deborah S. Coldwell, Sally L. Dahlstrom, Taylor Rex Robertson, Wes Dutton, Samuel Mallick

SMU Annual Texas Survey

This article is a survey of the relevant developments in franchise law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.