Are "Business Courts" Acceptable Under the Texas State Constitution? - podcast episode cover

Are "Business Courts" Acceptable Under the Texas State Constitution?

Mar 26, 20239 minSeason 3Ep. 8
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Episode description

This episode examines arguments for why the proposed new system of business courts may not pass muster under Texas' state constitution. 

Specifically, it examines the constitutionality of appointing trial-level judges, and of creating a new "Fifteenth Court of Appeals" with statewide jurisdiction over one specific type of questions.

It  reviews whether this structure is consistent with an "originalist" understanding of Texas' Reconstruction-era constitution and its vision of highly decentralized state government. 

The episode concludes by asking whether it really advances the stated goal of "certainty" in Texas business law to create a new court system whose constitutional legitimacy is sure to be challenged. 

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