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Summer 2016, Vol. 5, No. 4

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Summer 2016, Vol. 5, No. 4 Columns Executive Director’s Page Lead Articles By Pat Nester Immediate Past President’s Farewell The director of the Clearing the Docket By Ben L. Mesches Medina County Museum By Chief Justice Nathan L. Hecht Working on behalf noted my connection to Last year, the Texas of the Society has the Society. “Oh, so you Supreme Court decided been one of the most might be interested in all argued cases before fulfilling professional legal documents?” he the end of June. I am experiences of my legal said. Read more... Pat Nester fairly certain this had career. Read more... Ben L. Mesches not been done in any other year since 1945. Chief Justice Hecht Fellows Column Read more... Message from the Incoming President By David J. Beck By Macey Reasoner Stokes At the SBOT Annual In my first message, I Meeting the Fellows The American Law Institute: would like to tell you hosted a reenactment Stating, Restating, and Shaping about some of the of Johnson v. Darr, exciting projects that argued to the 1925 All- American Law Since 1923 the Society has planned Woman Texas Supreme By Justice Evelyn Keyes for the coming year. Court. Read more... David J. Beck Did the founding of Read more... Macey Reasoner the Institute in 1922, Stokes with its mission of Executive Editor’s Page synthesizing and rationalizing state law, By David A. Furlow make any difference to In this issue, the Journal Justice Keyes Texas? Read more... examines the governing rules of law and how they change. Read more... “Justice for All Men”: David A. Furlow Clarence Borel v. Fibreboard Paper Products Corporation, the Landmark Case in Asbestos Litigation By Robert J. Robertson and Robert Q. Keith The Borel case was the first litigation in the U.S. to test the application of Section 402A of the Restatement of the Law of Torts (Second) (1965) Plaintiff to asbestos materials. Clarence Borel Read more... A Brief History of the Texas Book Reviews News & Announcements Supreme Court Clerk’s Office By Tiffany S. Gilman Book Review: Edmund J. Davis: Civil In Memoriam: and Blake Hawthorne War General, Republican Leader, Karen R. Johnson, 1944-2016 The Clerks of the The former President Texas Supreme Court Reconstruction Governor of the Texas Supreme have come from many By Patrick Judd Court Historical Society’s backgrounds, and in a Carl H. Moneyhon has Board of Trustees died way their history reflects written a near definitive at her home in Austin the history of our state. The Court’s first account of one of Clerk, William on June 5. Read more... Read more... Fairfax Gray the most maligned Karen R. Johnson and reviled political personalities in Texas Edmund J. Davis The Evidence Playbook history. Read more... Former U.S. Solicitor General Paul By Rachel Hooper Clement Will Keynote Hemphill Dinner A clear playbook is The Honorable Paul essential because it Andrea White’s Book Emeline Clement will be the allows litigants the Tells a Wonderful Story principal speaker at the opportunity to become Society’s 21st Annual By Laura Gibson familiar with the rules. John Hemphill Dinner on From Peter Gray’s Enjoy this telling of Read more... Laws of Texas Friday, September 9th. Texas Supreme Court Read more... Hon. Paul Clement Justice Peter Gray’s pro bono representation of Theodora Hemphill’s Guide to the Emeline, a free woman of color Gray freed from All-Woman Court Ruled the Texas Constitution, Part IV Emeline and her slavery’s bonds. son as illustrated By David A. Furlow Read more... by Dan Burr State Bar Annual Meeting The story of the older By David A. Furlow daughter of Texas The Society’s reenact- Supreme Court Chief ment of oral argument Justice John Hemphill Texas’s Constitutional History before the 1925 All- and the Texas Constitu- Begins Not in 1836 But in 1824 Woman Texas Supreme tion reaches its final Theodora’s father, Court was the hit of the Chief Justice John A review of Manuel González Oropeza’s and chapter. Read more... Hemphill 2016 State Bar Annual The All-Woman Jesús Francisco de la Teja’s Actas del Congreso Meeting. Read more... Court reenactors Constituyente de Coahuila y Texas de 1824 a 1827 By David A. Furlow This two-volume treatise provides historians, DAR Honors Judge Mark attorneys, jurists, and Davidson’s Preservation of Texas’s the public with primary records, secondary Courthouse History authorities, and in- By David A. Furlow depth analysis of the The National Society Constituent Convention. of the DAR recognized Read more... Judge Davidson’s lifelong contributions to the preservation of Texas’s unique legal heritage. Judge Davidson at the DAR Read more... conference Justice Bob Gammage’s Son HBA President Gibson Recognizes Barbarians Rising: Sworn-In to the Bar Teach Texas Committee Leaders Interview with David Furlow The late Texas Supreme At the HBA’s Annual By TSCHS Journal Staff Court Justice Bob Meeting in May, In June, the History Gammage’s son Sam outgoing president Channel aired an eight- recently became a Laura Gibson presented hour documentary, member of the Texas the President’s Award Barbarians Rising, with bar. Read more... Sam Gammage to the four leaders of commentary by TSCHS the organization’s Teach Laura Gibson at Board member and the event Barbarians Rising Texas Committee. Journal Executive Editor graphic Miranda: More than Words— Read more... David Furlow. Read more... the Fiftieth Anniversary of the Ruling in Miranda v. State of Arizona Houston Bar Receives State Bar’s Membership & More By Carmen Roe Star of Achievement Award The Houston Bar Calendar of Events Association’s 2016 for Teach Texas Officers, Trustees & Court Liaison Law Day event served By Lynne Liberato to remind us that Outgoing HBA president 2016-17 New Member List few, if any, Supreme Laura Gibson accepted Join the Society Court decisions are the 2016 Star of Achieve- as important to us as Reenactment of ment Award for Teach oral arguments Miranda. Read more... for HBA’s Law Day Texas from the State Bar Visit the Society on Twitter and Facebook! of Texas at its annual The Taming Texas meeting. Read more... book cover @SCOTXHistSocy FB: Texas Supreme Court Historical Society © 2016 Texas Supreme Court Historical Society Immediate Past President’s Farewell Ben L. Mesches y term as President of the Texas Supreme Court Historical Society has Mrecently come to an end, but fortunately that does not mean my time with the organization will. Working on behalf of the Society, with our talented and dedicated staff, and alongside an energetic and creative board has been one of the most fulfilling professional experiences in my legal career. I thank you all for the opportunity to have played a role in the continued growth of the Society. I thought I would use this brief “farewell” to talk about what we have all achieved together in the last year. Membership. Our membership efforts havebeen energized, and our ranks continue to grow. Strategic Planning. Under the leadership of Warren Harris, we have embarked on a long- term strategic plan that will sustain the organization in the years to come. Publications and Online Communications. Our unsurpassed Journal continues to shine, and our enhanced social media presence is gaining strength. Fellows Program and the Launch of the Taming Texas Program. Seizing on an opportunity to advance a core mission in educating the public on the state court system, our Taming Texas project has launched, already benefitting more than 9,000 seventh graders at Houston-area middle schools. Hemphill Dinner. We look forward to another successful Hemphill Dinner in September, which will support investments in the Society’s core mission in the years to come. I can’t end this column without thanking our tremendous staff: Executive Director Pat Nester; Consulting Editor Marilyn P. Duncan; and Administrative Coordinator Mary Sue Miller. The Society is in great hands, and I am certain—under Macey Stokes’s strong leadership—it will continue to thrive in the year ahead. I look forward to seeing you all at the Hemphill Dinner in September. BEN L. MESCHES is a partner with Haynes and Boone, LLP in Dallas, where he co-chairs the firm’s litigation department. Return to Journal Index 1 Message from the Incoming Macey Reasoner President Stokes am honored to serve as the Society’s President for 2016–17. Thanks to the I hard work of my predecessor, Ben Mesches, we are well positioned to continue fulfilling our mission to preserve the Court’s history and educate the public about that history. In my first message as President, I would like to tell you about some of the exciting projects that the Society has planned for the coming year. Our year started off with a bang, with the very well-received Reenactment of Oral Argument before the All-Woman Texas Supreme Court, held June 16 at the State Bar Annual Meeting in Fort Worth. This was a reenactment of the legendary 1925 oral argument in Johnson v. Darr, known as the “Woodmen of the World” case, when all three male justices of the Court had to recuse themselves and Governor Pat Neff appointed three women to hear the case. David Furlow, Warren Harris, and Lynne Liberato planned this entertaining and informative program. We appreciate our participants, Chief Justice Nathan Hecht, Justices Debra Lehrmann and Eva Guzman, Fifth Circuit Judge Jennifer Walker Elrod, former Justice David Keltner, and Doug Alexander for volunteering their time. Our next event will be the 21st Annual John Hemphill Dinner, to be held Friday, September 9 at 6:30 p.m. at the Four Seasons Hotel in Austin. Our keynote speaker is Paul Clement, former Solicitor General of the United States and an engaging speaker.
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