UNCLAIMED TREASURE: GREATER RULE-OF-LAW BENEFITS FOR THE TAKING IN TEXAS.

Long ago Texas lawmakers introduced a quirky feature into the state's court structure, one that would change both its design and its output. The seemingly innovative move laid the groundwork for a system that undercuts stare decisis, diminishing treasured rule-of-law benefits. The quirky feature, unique to Texas, creates disparate outcomes for litigants in like circumstances. It weakens the adjudicative process. And, it brings uncertainty to the law. For decades, Texans and the courts that serve them have experienced firsthand these and other unintended (and unwelcome) consequences of the flawed design. In this Article, a court insider who has studied the troubling effects on the delivery of justice unpacks the problem, examines the options, and makes the case for a simple solution. [ABSTRACT FROM AUTHOR]