The Texas Lawbook

Free Speech, Due Process and Trial by Jury

Janet Elliott

Janet has deep knowledge of Texas government, including the Texas Legislature and Texas Supreme Court. Her policy expertise includes public and higher education funding and policy, civil justice, pension and investment funds, and state budget. Janet's news media career has also included stops at the Houston Chronicle, The Wall Street Journal and Texas Lawyer.

History Rhymes as Tension Between Executive and Judicial Branches Climbs

An American president denounces the judiciary, accusing courts of usurping power and judges of being politically motivated. His supporters warn of judicial tyranny.

The political figures being described were President Thomas Jefferson, Alexander Hamilton and Samuel Chase, an associate justice of the Supreme Court.

“Fooled you, didn’t I? You thought I was talking about another day,” Nathan Hecht told an audience at the University of Houston Law Center.

Janet Elliott

Hot-Button Issues Shaped Kyle Hawkins’ Advocacy

Before he was appointed as a justice on the state’s highest court in October, Kyle Hawkins argued five cases before the U.S. Supreme Court and nine at the Texas Supreme Court. His advocacy included cases targeting abortion, the Affordable Care Act and New York’s school vaccination law. Hawkins’ appointment came shortly after he argued a tobacco tax case before the court he now sits on.

Janet Elliott

Former SCOTX Chiefs Make Case for Judicial Independence

Nathan Hecht, Wallace B. Jefferson and Thomas Phillips held court in a large tent on Austin’s Congress Avenue last weekend to discuss issues related to the Third Branch of government. They fielded questions about a recent constitutional amendment that gave the governor greater authority over judicial discipline and the rise of claims under the Texas Constitution.

Janet Elliott

Legal Aid Work Celebrated at Luncheon with SCOTX

Real world stories related by legal services lawyers highlighted the impact of Texas Access to Justice Foundation funding at this year’s event. Justice Brett Busby presented awards to Greenberg Traurig and the Texas Department of Housing & Community Affairs.

Janet Elliott

Newest SCOTX Justice Tries for Federal Bench

Justice James P. Sullivan has interviewed to become a U.S. District Court Judge in Austin. It would be a fast track for Sullivan, who joined the Texas Supreme Court in January. Federal Magistrate Judge Dustin Howell also is said to be under consideration for the bench once held by Lee Yeakel.

Janet Elliott

Justice Boyd Leaves a Legacy of Judicial Restraint

After more than a dozen years on the Texas Supreme Court, Justice Jeff Boyd is leaving his spacious office and balcony where the justices decompressed after sometimes-heated case conferences. The author of 72 majority opinions and 62 dissents is considering how he can educate the public about the need for judicial independence in an era of extreme political polarization. He reflected on his role as the court’s chief dissenter in a recent interview with The Texas Lawbook.

Janet Elliott

Trade Secrets Case Offers a Roadmap on Preemption, Jury Charges

The lawyer who represents a dozen former DNOW employees said a recent opinion by the Fourteenth Court of Appeals reversed a significant trial award and reshapes the legal landscape in Texas for trade secret and fiduciary duty claims. The appeal resulted in more than $2 million in attorneys’ fees and costs for the ex-employees, who were accused of conspiring to steal DNOW’s trade secrets.

Janet Elliott

Lease Operator Owns ‘Produced Water,’ SCOTX Says

The Texas Supreme Court addressed ownership of “produced water,” an oilfield byproduct made increasingly valuable by new treatment methods. Absent a specific conveyance, the court said in a closely watched case, a surface estate does not retain ownership of the water separated from hydrocarbons during hydraulic fracturing operations.

Janet Elliott

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