Law Commons^™

Franchise Law, Deborah S. Coldwell, Kristina Pierre-Louis, Wes Dutton, Sam Mallick, Alexander Clark, Wilson Miller, Joe Pinto

SMU Annual Texas Survey

The 2022 Annual Texas Survey on Franchise Law presents an assortment of novel and familiar legal issues in Texas state and federal courts. This year’s Survey period contains decisions favorable to franchisors, franchisees, and third parties associated with franchised businesses on disputes involving intellectual property rights, enforceability of forum selection clauses, the essential elements of common law and statutory claims, and remedies available to franchise parties involved in litigation, among other issues. As in prior years, the Survey showcases developments in franchise law that serve as helpful reminders to practitioners advising parties involved in any stage of a franchise relationship.

Family Law, Joanna L. Grossman, Christine P. Leatherberry

SMU Annual Texas Survey

More than 300,000 new family law cases were filed in Texas in 2022; more than a third of those were divorces (and there were more divorces in Texas than in any other state). Tens of thousands of children live in households that are involved in family court proceedings in any given year. Family law remains one of the areas with the greatest unmet legal need—more than half of litigants are pro se in cases with enormous stakes. The work of lawyers, judges, and other professionals in this area should not be underestimated. In this Article, we will try to lighten …

Front Matter

SMU Annual Texas Survey

No abstract provided.

Insurance Law, J. Price Collins, Janet Tolbert, Ashley Gilmore

SMU Annual Texas Survey

This Article describes and analyzes major developments in insurance law that occurred in Texas between December 1 and November 30 of 2022.

Professional Liability, Josh Sherman, Abbie Baker

SMU Annual Texas Survey

This Article describes and analyzes major developments in professional liability law that occurred in Texas between December 1 and November 30 of 2022.

Bankruptcy & Commercial Law, Sally M. Henry

SMU Annual Texas Survey

This Article analyzes and discusses cases—arising from the U.S. Court of Appeals for the Fifth Circuit, the Bankruptcy Courts in Texas, the Texas Supreme Court, and the Texas Courts of Appeals—that resolved some fascinating and important issues in the areas of bankruptcy and commercial law during this Survey period.

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

SMU Annual Texas Survey

This Article identifies, categorizes, and analyzes the most impactful cases in the area of civil procedure decided by the Texas Supreme Court and the Texas Courts of Appeals during the Survey period.

Criminal Procedure: Confessions, Searches, Seizures & Suppression Issues, Honorable Barbara Parker Hervey, Carson Guy

SMU Annual Texas Survey

This Article analyzes and discusses the most impactful Texas Court of Criminal Appeals cases involving the law of criminal procedure decided during this Survey period. Broadly, this Article addresses two of criminal procedure’s main subject areas—confessions and searches and seizures.

Oil, Gas & Mineral Law, Austin W. Brister, Logan Jones

SMU Annual Texas Survey

This Article summarizes, sorts, and discusses the most impactful cases relating to oil, gas, and mineral law in Texas decided by the Texas Courts of Appeals and the Texas Supreme Court during the Survey period.

Partnership Law, Troy Christensen, Jeff Dorrill, Matthew Schindel, Madeline Ballard, James Barnett

SMU Annual Texas Survey

This Article describes and analyzes major developments in partnership law that occurred in Texas between December 1 and November 30 of 2022.

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

SMU Annual Texas Survey

No abstract provided.

Real Property, J. Richard White, Amanda Grainger

SMU Annual Texas Survey

This Article covers Real Property cases from Southwestern Reporter (Third) volumes 633 through 652 and federal cases during the Survey period that the authors believe are noteworthy to the jurisprudence on the applicable subject.

A number of significant cases, mostly from the Texas Supreme Court, have been handed down during this survey period. The due process requirements for the scope of inquiry for substituted service have been promulgated in MAP Resources. Additional procedural issues for service on financial institutions, which were decided differently by various state and federal courts, were resolved in Moss. The Texas Supreme Court provided helpful guidance …

Wills & Trusts, Gerry W. Beyer

SMU Annual Texas Survey

This article discusses developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters during the Survey period of December 1, 2021, through November 30, 2022. The reader is warned that not all cases decided during the Survey period are presented, and not all aspects of each case are analyzed. You must read and study each case’s full text before relying on it or using it as precedent. The discussion of most cases includes a moral, that is, the important lesson to be learned from the case. By recognizing situations that resulted in time-consuming …

Getting Gideon Right, Andrew L.B. Davies, Blane Skiles, Pamela R. Metzger, Janelle Gursoy, Alex Romo

Deason Criminal Justice Reform Center

In Gideon v. Wainwright, the U.S. Supreme Court held that the government must provide a criminal defense lawyer for any accused person who cannot afford one. But for too many people, Gideon's promise remains unfulfilled. In Texas, there are no statewide guidelines about who is entitled to a court-appointed lawyer. Instead, counties create their own rules that create serious gaps in constitutional protection. Getting Gideon Right investigates the financial standards that determine an accused person's eligibility for appointed counsel in Texas county courts. The report reveals a patchwork of county court policies that are both complex and severe.

Bankruptcy, Honorable Harlin D. Hale, Grayson Williams

SMU Annual Texas Survey

No abstract provided.

Front Matter

SMU Annual Texas Survey

No abstract provided.

Annual Review Of Texas Law: Commercial Law, Sally Mcdonald Henry

SMU Annual Texas Survey

No abstract provided.

Oil, Gas, And Mineral Law, Austin W. Brister

SMU Annual Texas Survey

No abstract provided.

Real Property, J. Richard White, Amanda Grainger

SMU Annual Texas Survey

No abstract provided.

Family Law, Joanna L. Grossman, Christine P. Leatherberry

SMU Annual Texas Survey

No abstract provided.

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

SMU Annual Texas Survey

No abstract provided.

Franchise Law, Deborah S. Coldwell, Sally Dahlstrom, Taylor Rex Robertson, Wes Dutton, Alicia Pitts, Alexander Clark, Wilson Miller

SMU Annual Texas Survey

No abstract provided.

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

SMU Annual Texas Survey

No abstract provided.

Insurance Law, J. Price Collins, Aaron G. Stendell

SMU Annual Texas Survey

No abstract provided.

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

SMU Annual Texas Survey

No abstract provided.

Partnership Law, Troy Christensen, Jeff Dorrill, Matthew Schindel, Chelsea Abii, Madeline Ballard

SMU Annual Texas Survey

No abstract provided.

Professional Liability, Sven Stricker, Jordan Brownlow, Tania Sethi

SMU Annual Texas Survey

No abstract provided.

Wills & Trusts, Gerry W. Beyer

SMU Annual Texas Survey

No abstract provided.

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

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 …