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State and Local Government Law Commons™
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Articles 1 - 9 of 9
Full-Text Articles in State and Local Government Law
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Don Colleluori, Andrew C. Whitaker
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Don Colleluori, Andrew C. Whitaker
SMU Annual Texas Survey
No abstract provided.
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Don Colleluori, Andrew C. Whitaker
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Don Colleluori, Andrew C. Whitaker
SMU Annual Texas Survey
No abstract provided.
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Timothy A. Daniels, Amber D. Reece
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Timothy A. Daniels, Amber D. Reece
SMU Annual Texas Survey
No abstract provided.
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Andrew C. Whitaker, Timothy Daniels, Amber D. Reece
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Andrew C. Whitaker, Timothy Daniels, Amber D. Reece
SMU Annual Texas Survey
No abstract provided.
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Timothy Daniels, Andrew C. Whitaker, Amber D. Reece
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Timothy Daniels, Andrew C. Whitaker, Amber D. Reece
SMU Annual Texas Survey
No abstract provided.
The History Of Texas Civil Procedure, William V. Dorsaneo Iii
The History Of Texas Civil Procedure, William V. Dorsaneo Iii
Faculty Journal Articles and Book Chapters
The promulgation of rules of court by the Texas Supreme Court has been the principal mechanism for the regulation of proceedings in Texas courts. This article provides a historical overview of the development of these rules, the rule-making process, the impact of procedural rule-making on the administration of justice in Texas courts, and the continuing need for revision and reorganization of the Texas Rules of Civil Procedure. This article also acknowledges the enormous debt that is owed to the Texas judges, lawyers, and professors who have participated in the rule-making process, mostly without plaudits or even public recognition. In a …
The Enigma Of Standing Doctrine In Texas Courts, William V. Dorsaneo Iii
The Enigma Of Standing Doctrine In Texas Courts, William V. Dorsaneo Iii
Faculty Journal Articles and Book Chapters
This Article examines federal and Texas standing doctrine and makes recommendations for the principled application of the traditional non-jurisdictional approach of the procedural defense of standing under Texas law for common law claims and statutory rights of action and for the concomitant restriction of the jurisdictional aspects of standing to litigation brought by private persons and governmental units to enforce public rights or compel the performance of public duties. This Article also explains how the concepts of standing and capacity can be reconciled and harmonized.
Judges, Juries, And Reviewing Courts, William V. Dorsaneo Iii
Judges, Juries, And Reviewing Courts, William V. Dorsaneo Iii
SMU Law Review
The purposes of this paper are to evaluate the standard and scope of appellate evidentiary review of fact findings made by juries and trial judges under Texas law, and to describe and to criticize the recent treatment of the duty and causation issues in tort litigation by the Texas Supreme Court. The court has not acknowledged that the standards of evidentiary review applied to jury findings have been changed and one prominent scholar has concluded otherwise, but an examination of the court's recent jurisprudence reveals that significant changes have been made in the application of the no-evidence standard of review …
Revision And Recodification Of The Texas Rules Of Civil Procedure Concerning The Jury Charge, William V. Dorsaneo Iii
Revision And Recodification Of The Texas Rules Of Civil Procedure Concerning The Jury Charge, William V. Dorsaneo Iii
Faculty Journal Articles and Book Chapters
The primary purpose of this article is to discuss and explain why the Texas Rules of Civil Procedure concerning the trial court's charge to the jury should be replaced by a new set of procedural rules initially developed by a Jury Charge Task Force appointed by the Texas Supreme Court in 1991. As seminared, amended, and recommended for adoption to the Texas Supreme Court by the Supreme Court Advisory Committee in 1996, these proposed rules, or comparable ones,should be promulgated by the Texas Supreme Court. Revision of the jury charge rules is desirable because the procedures for preserving complaints about …