Briefs October 2023

Congratulations to Mitchell F. Boomer, who was recognized by The Best Lawyers in America in the Litigation – Labor and Employment Category. Boomer is the Austin Office Managing Principal at Jackson Lewis PC. Congratulations to James Matthew Dow, who was recently named a “Texas Super Lawyer” in the area of Business Litigation. Dow has held this distinction since 2006. Dow …

Readability of Briefs: Two Empirical Studies

This column discusses two studies of appellate-brief writing that reached different conclusions and call for different explanations. The first study scored nearly every brief submitted to the U.S. Supreme Court from 1969 to 2004 using four readability-assessment tools, two of which are described here. The Flesch Reading Ease Scale uses sentence and word length to assess readability and assigns a …

Austin Bar’s Got Talent

On Nov. 2, 2023, the Austin Bar Association will host a talent show, and you’re invited to perform or watch! What: Austin Bar’s Got TalentWhen: Nov. 2, 2023, 6:30-8:30 p.m.Where: East Lawn, Hilgers House, 712 West 16th St.Why: It’s fun! Register here. Whether you’re a musician, comedian, dancer, magician, or have a unique talent to share, you’re invited to perform. …

Get Ready for the Annual AYLA Tailgate!

Ah, football season in Austin, Texas—a time when the air gets a little crisper, flannel shirts make their annual appearance, and on weekends sprawling parking lots transform into bustling hubs of camaraderie, grill smoke, and a whole lot of team spirit. But let’s face it: We’re not just here for the sport; we’re here for the age-old American tradition of …

Invest in Your Network: Attend Docket Call Happy Hour

Are you looking to expand your network?  Or just looking for lawyer friends to help you celebrate and commiserate?  Make the commitment to attend AYLA’s monthly happy hours, appropriately called “Docket Call.” One of AYLA’s most popular member benefits, Docket Call is a monthly gathering of AYLA members, with free drinks (thanks to our sponsors) and great conversation. Docket Calls …

Federal Civil Update October 2023

The following are summaries of opinions issued by the Fifth Circuit in August 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Petitioners did not need to be “aggrieved parties” to challenge grant of license as ultra vires; Nuclear Regulatory Commission lacked authority to license private storage of nuclear waste. Texas v. …

Third Court of Appeals Civil Update October 2023

The following are summaries of selected civil opinions issued by the Third Court of Appeals during August 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of September 11, 2023. FAMILY LAW: Court reverses appellate fees awarded after conclusion of the appeal. Morris v. Veilleux, No. 03-22-00178-CV (Tex. App.—Austin Aug. 25, 2023, no pet. …

Third Court of Appeals Criminal Update October 2023

The following are summaries of selected criminal opinions issued by the Third Court of Appeals from April 2023.  The summaries are overviews; please review the entire opinions.  The subsequent history is current as of Sept. 5, 2023. EVIDENTIARY SUFFICIENCY – DRUG POSSESSION: Evidence was sufficient to prove that defendant possessed methamphetamine. Sumrall v. State, No. 03-21-00402-CR (Tex. App.—Austin Apr. 6, …

Decriminalizing Mental Health in Travis County: Part 3

This is the third in a series of eight articles about the Travis County Forensic Mental Health Project. The Travis County Forensic Mental Health Project delivered its recommendations to the Travis County Commissioners in March 2023. The goal of these recommendations is to provide solutions other than jail to address mental health and substance abuse disorders in the county. Recommendation …

Austin Bar Members Give Oral Arguments to SCOTX

The Supreme Court of Texas convened for the first time in six months the week of Sept. 11, 2023, and heard oral arguments from several Austin Bar members. In the Interest of R.R.A., H.G.A., H.B.A., Children, Bill Davis of the Office of the Attorney General argued for the petitioner, the Department of Family and Protective Services. The department sought to …