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Foundation Papers

Liability Protection for Carbon Dioxide Sequestration in Texas

2022-This paper explores CCUS statutes enacted in other states and describes the current status of CCUS in Texas, including legal issues, liability protection statutes related to other industries and events, and proposed liability protections that could be adopted in Texas to encourage development of CO₂ sequestration projects.

The Case for Specialized Business Courts in Texas

2021-There have been repeated legislative efforts in recent years to create specialized business courts in Texas. In 2007, TLR Foundation published The Texas Judicial System, Recommendations for Reform, outlining numerous suggestions for changing the structure and operation of Texas’s judicial system, including the creation of complex litigation courts—a concept similar to business courts.

Intermediate Appellate Courts in Texas: A System Needing Structural Repair

2020-Texas has fourteen intermediate appellate courts. The structure of Texas’s intermediate appellate court districts is fraught with defects that create conflicts among the courts, unnecessary burdens on Texas’s two high courts, inefficiencies, and confusion.

Small Claims in a Big State: How Texas Gets It Right

2020–Small claims trials are proceedings in which litigants seek redress in relatively low-dollar amounts, without the complexity of more formal proceedings. The purpose of small claims courts—in Texas and elsewhere—is to provide speedy, simplified, low-cost legal resolutions to small civil disputes.

Evaluating Judicial Selection In Texas: A Comparative Study of State Judicial Selection Methods

2019–Over the past twenty-five years, Texas has led the way in restoring fairness to our civil justice system. We now have the opportunity to lead the way in establishing a stable, consistent, fair, highly qualified, and professional judiciary,

Texas Workplace Injury Compensation Analysis, Options, Impact

2009–The Texas Workplace Injury Compensation study explores the impact of workplace injury compensation of injured workers and businesses that subscribe to the workers’ compensation system.

The Texas Anti-SLAPP Statute

2018–This paper will outline the TCPA’s provisions, discuss appellate court opinions interpreting the statute, review other jurisdictions’ anti-SLAPP statutes, and suggest possible changes to Texas’s statute.

The Story of Asbestos Litigation in Texas & Its National Consequences

2017–An asbestos lawsuit firestorm was kicked off by a 1973 court decision. In the three decades that followed that decision, tens of thousands of asbestos-injury lawsuits were filed nationwide.