The “green book” — the Texas Rules of Form style guide for Texas citations — is up for revision, and its editors at the Texas Law Review want your input.
Comments should be sent to Rex Mann at the law review. His contact information is here. Comments are requested by October 31, 2009.
Some ideas that warrant discussion:
A way to cite unpublished cases in Texas outside of a paid research service. When not all courts in Texas even buy the same service, it would sure be nice to be able to cite those (precedential) opinions from their web locations. (I wrote before about researching those unpublished opinions online.)
The future role of Texas’s unique system of subsequent history. The Texas Supreme Court in practice does not use “petition refused” (which would bless the court of appeals opinion as its own), and “petition denied” status does not make the lower court’s decision binding on any other courts. (( In fact, in the modern petition for review system, there’s no way to tell from “pet. denied” what issue was even presented to the Supreme Court, so there’s no way to know the Court was even asked about the proposition of law you’re citing that case for. )) Yet practitioners go through a remarkable amount of effort to pick out just the right flavor of subsequent history. (( The more subtle differences may affect future litigation between the parties actually involved in that case, but they rarely affect the precedential status of an opinion for nonparties. ))
If you have ideas that you want to see explored more on this blog, please put them in the comment threads (or email them to me privately).