State and Local Government Law Commons^™

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.

Front Matter

SMU Annual Texas Survey

No abstract provided.

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.

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 …

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.

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 …

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.

Getting Gideon Right: Eligibility For Appointed Counsel In Texas Misdemeanor Cases, Andrew L.B. Davies, Blane Skiles, Pamela R. Metzger, Janelle Gursoy, Alex Romo

Deason Center Reports

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.

Justice For All: A Collection Of New Empirical Research On Indigent Defense, Andrew L. B. Davies, Janet Moore

Other Publications

This article is the introduction to a special issue of Justice System Journal focused on empirical research on indigent defense. The introduction summarizes the seven studies included in the issue, which examine indigent defense from the perspectives of clients, defense attorneys, judges, and legal systems. Together, the articles aim to improve understanding of how indigent defense works in practice and how it can better serve the people it is meant to protect.

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.

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

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.

Wills & Trusts, Gerry W. Beyer

SMU Annual Texas Survey

No abstract provided.

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

SMU Annual Texas Survey

No abstract provided.

Bankruptcy, Honorable Harlin D. Hale, Grayson Williams

SMU Annual Texas Survey

No abstract provided.

Real Property, J. Richard White, Amanda Grainger

SMU Annual Texas Survey

No abstract provided.

Professional Liability, Sven Stricker, Jordan Brownlow, Tania Sethi

SMU Annual Texas Survey

No abstract provided.

Access To Counsel For Defendants In Lower Criminal Courts, Alyssa M. Clark, Andrew L. B. Davies, Karise M. Curtis

Other Publications

Criminal defendants unable to afford an attorney are entitled to one for free in the United States, but how and when they obtain access to that lawyer is another question. We examine judicial attitudes and behavior in granting access to counsel in areas where logistics are particularly forbidding. Based on survey responses from 1,091 magistrate judges presiding in lower criminal courts in suburban and rural jurisdictions in upstate New York, we describe both the procedures used to determine defendants' financial eligibility for free counsel, and the logistical challenges that surround securing the physical presence of a lawyer at the first …

Front Matter

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.

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

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.

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

Deason Center Reports

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 …

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

Deason Center Reports

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

Deason Center Reports

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.