Coale Mind
Hosted by leading Texas appellate lawyer David Coale, each "Coale Mind" episode offers concise, lively, and practical exploration of today's hot-button constitutional issues.
Coale Mind
Are "Business Courts" Acceptable Under the Texas State Constitution?
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David Coale
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Season 3
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Episode 8
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.