Article I, Section 33(d) Bars Private Suits to Enforce Texas’s Constitutional Open-Beaches Right (and Courts Must Test “Facial Validity” Before Finding an Immunity Waiver) 1. Introduction This...
Texas Constitution Article I, Section 33(d) Bars Private Enforcement of the Public-Beach Right I. Introduction This consolidated Supreme Court of Texas decision (Nos. 24-0237, 24-0407, 24-0457)...
Out-of-Time Appeals in Texas Parental-Termination Cases Based on Ineffective Assistance of Counsel 1. Introduction Case: In the Interest of J.D.H., a Child (Supreme Court of Texas, June 19, 2026)....
No Extra-Textual Materiality for Medicaid-Fraud Omissions Under TEX. HUM. RES. CODE § 36.002(2): “Permits” Means Causation, Not Common-Law Fraud Materiality 1. Introduction This dissenting opinion by...
Out-of-Time Appeals for Ineffective Assistance in Parental-Rights Termination Accelerated Appeals I. Introduction Case: In the Interest of J.D.H., a Child, No. 25-0588 (Tex. June 19, 2026) (per...
Chapter 21 Repurchase Actions as a Waiver of Texas Sovereign Immunity (and the Limits Urged by the Hawkins Dissent) I. Introduction In The State of Texas and Kyle Madsen in his Official Capacity as...
Texas “No-Contact” Rule and Pro Se Lawyers: Majority Carve-Out, Concurrence Warns, and Reliance on Ethics Guidance as a Bar to Discipline I. Introduction William W. Ruth v. Commission for Lawyer...
Failure to Submit Local Government Corporation Notes to the Attorney General Eliminates Incontestability—It Does Not Void the Financing Transaction Case: RIVER CREEK DEVELOPMENT CORPORATION AND CITY...
Chapter 21 Repurchase Claims Proceed Against the State: Placement in Texas’s Eminent-Domain Code as a Clear Waiver of Sovereign Immunity Case: The State of Texas and Kyle Madsen in his Official...
Texas Rule 4.02 No-Contact Rule Does Not Apply to Lawyers Appearing Pro Se Introduction In WILLIAM W. RUTH v. COMMISSION FOR LAWYER DISCIPLINE (Tex. June 12, 2026), the Supreme Court of Texas...
Texas Sovereign Immunity Does Not Bar Property Code Chapter 21 Repurchase Suits; Condemnation Filing Triggers “Through Eminent Domain,” Partial Repurchase Permitted, and County Courts at Law Share...
No Automatic Voidness for Unsubmitted Chapter 431 Debt; PID Assessments May Indirectly Reimburse Out-of-State Bond-Issuance Costs Introduction In RIVER CREEK DEVELOPMENT CORPORATION AND CITY OF...
UCCJEA Temporary Emergency Jurisdiction Is Not Subject-Matter Jurisdiction (Preservation Required) and Endangerment Requires Child-Linked Proof Case: In the Interest of K.N., K.L., K.L., and K.L.,...
Dissenting Rule: Legal-Sufficiency Review Must Defer to the Jury in Termination Best-Interest Findings When a Parent Knowingly Re-Exposes Children to Domestic Violence and Ongoing Drug Use Case: In...
Oral §263.401(b) Extension Must Be Rendered in the Presence of a Court Reporter; Setting Trial After the Deadline Does Not Preserve Jurisdiction (Lehrmann, J., dissenting) I. Introduction This Texas...
Texas Parental-Termination Deadline: No Jurisdiction Past § 263.401(a) Without a Timely Rendered Extension Order 1. Introduction Case: In the Interest of C.S. Jr. and Z.S., Children, No. 25-0008...
Texas Constitutional Challenges Must Target the Enforcing Officer or Real Adversary—Not “The State of Texas” Generally Introduction The State of Texas v. City of McAllen, et al. (Tex. June 5, 2026)...
Texas Supreme Court: The State May Not Condition Parental Rights on Divorce; Best-Interest Must Be Proven With Clear-and-Convincing Evidence, and § 263.401 Extensions Are Required When Extraordinary...
Post-Removal Misconduct and Constructive Abandonment as Endangerment Evidence—and the Duty to Reach Alternative Termination Grounds (Justice Bland’s Partial Dissent) 1. Introduction Case: In the...
Texas Home-Equity Loan Forfeiture Is Limited to Breaches of Article XVI, Section 50(a)(6) Constitutional Obligations I. Introduction Janice C. Staub and Parker D. Young v. BBVA USA is a Texas...