Publications
Publications by Robert W. Higgason
Legal Articles:
Summary Judgment Affidavits: Averting a
Move Toward Fundamental Error,
41 The Houston Lawyer No. __ (forthcoming 2004) (with Chief Justice Adele
Hedges)
A History of Texas Appellate Courts: Preserving
Rights of Appeal Through Adapations to Growth: Part 2: Intermediate Appellate
Courts,
40 The Houston Lawyer No. 1, 12 (Jul/Aug 2002)
A History of Texas Appellate Courts: Preserving
Rights of Appeal Through Adaptations to Growth: Part 1 of 2: Courts of Last
Resort,
39 The Houston Lawyer No. 5, 20 (Mar/Apr 2002)
Professionalism in Summary Judgments: Finality
and Appealability,
39 The Houston Lawyer No. 4, 10 (Jan/Feb 2002) (with Lionel M. Schooler)
Appeals From Temporary Injunctions in State
and Federal Courts,
35 The Houston Lawyer No. 1, 23 (Jul/Aug 1997)
The Truth About Defamation,
34 The Houston Lawyer No. 4, 16 (Jan/Feb 1997)
Identifying the Frivolous Appeal,
X The Appellate Advocate No. 2, 11 (Feb 1997)
Non-Jury Appeals in Federal Court,
III The Appellate Lawyer No. 2, 6 (Win 1997)
The Attorney-Client Privilege in Joint Defense
and Common Interest Cases,
34 The Houston Lawyer No. 1, 20 (Jul/Aug 1996)
This article has been by a New York federal court
and by other legal commentators:
-
The United States Bankruptcy
Court for the Southern District of New York: Securities Investor Protection
Corp. v. Stratton Oakmont, Inc., 213 B.R. 433, 437 n.5 (Bankr. S.D.N.Y.
1997);
-
The South Texas Law Review:
Lynne Liberato and Kent Rutter, Reasons for Reversal in the Texas Courts
of Appeals, 44 S. Tex. L. Rev.
431, 452 n. 161 (Spring 2003);
-
The Arizona State Law Journal:
George S. Mahaffey, Jr., All for One and One for All? Legal Malpractice
Arising from Joint Defense Consortiums and Agreements, The Final Frontier
in Professional Responsibility, 35 Ariz.
St. L.J 21, 27 n.19 (Spring 2003); and
-
The University of Texas Review
of Litigation: James M. Fischer, The Attorney-Client Privilege Meets
the Common Interest Arrangement: Protecting Confidences While Exchanging
Information for Mutual Gain, 16 Rev.
Litig. 631, 640 n.28 (Summer 1997).
Videotaped Statements of Facts on Appeal:
Parent of the Thirteenth Juror?
33 The Houston Lawyer No. 1, 24 (Jul/Aug 1995) (with Justice Adele
Hedges)
This article has been cited by a Tennessee appellate
court and by commentators on appellate practice:
-
The Tennessee Court of Appeals
in Nashville: Mitchell v. Archibald, 971 S.W.2d 25, 30 n.6
(Tenn. App.–Nashville 1998); and
-
The Journal of Appellate Practice
and Process: Robert C. Owen and Mellissa Mather, The Decisionmaking Process:
Thawing Out the “Cold Record”: Some Thoughts on How Videotaped Records May
Affect Traditional Standards of Deference on Direct and Collateral Review,
2 J. App. Prac. & Process
411, 415 n.10 (Spring 2000).
Case Summaries:
Keeping Up With Standards of Review:
Motions Before and After Summary Judgment,
40 The Houston Lawyer No. 5, 43 (Mar/Apr 2003)(analysis of Carpenter v.
Cimarron Hydrocarbons Corporation, 46 Tex.
Sup. Ct. J. 305 (Dec. 31, 2002) (opinion on rehearing))
Keeping Up With Defamation,
39 The Houston Lawyer No. 1, 41 (Jul/Aug 2001) (analysis of Turner v. KTRK-Television,
Inc., 38 S.W.3d 103 (Tex. 2000))
Keeping Up With The Racketeer Influenced
and Corrupt Organizations Act,
39 The Houston Lawyer No. 2, 43 (Sep/Oct 2001) (analysis of Cedric
Kushner Promotions, Ltd. v. King, 533 U.S. __, __ S.Ct. __ (June 11, 2001))
Keeping Up With Disqualification of Counsel,
38 The Houston Lawyer No. 6, 40 (May/Jun 2001) (analysis of In re George,
28 S.W.3d 511 (Tex. 2000))
Keeping Up With False Advertising Under
the Lanham Act,
38 The Houston Lawyer No. 6, 41 (May/Jun 2001) (analysis of Pizza Hut,
Inc. v. Papa John’s International, Inc., 227 F.3d 489 (5th
Cir. 2000))
Book Reviews:
Non-Fiction:
The Language Police: How Pressure Groups Restrict
What Students Learn, by Diane Ravitch (Alfred A. Knopf 2003)
41 The Houston Lawyer No. __, ___ (forthcoming 2004)
Lawyer: My Trials and Jubilations, by Joe
Jamail with Mickey Herskowitz (Eakin Press 2003)
41 The Houston Lawyer No. 3, 48 (Nov/Dec 2003)
Mean Justice, by Edward Humes (Simon &
Schuster 1999)
38 The Houston Lawyer No. 1, 49 (Jul/Aug 2000)
Fiction:
The Second Chair: A Novel, by John Lescroart
(Dutton 2004)
41 The Houston Lawyer No. 4, __ (Jan/Feb 2004)
The First Law: A Novel, by John Lescroart
(Dutton 2003)
40 The Houston Lawyer No. 5, 38 (Mar/ Apr 2003)
Ties That Bind (A Novel), by Phillip Margolin
(HarperCollins 2003)
40 The Houston Lawyer No. 5, 40 (Mar/Apr 2003)
Deadlock (A Novel), by Malcolm Macpherson
(Simon & Schuster 1998)
36 The Houston Lawyer No. 2, 49 (Sep/Oct 1998)
Balance of Power: A Novel, by James W.
Huston (Morrow 1998)
35 The Houston Lawyer No. 1, 42 (Jul/Aug 1999)
Dark Horse (A Novel), by Doug Richardson
(Avon Books 1997)
35 The Houston Lawyer No.2, 45 (Sep/Oct 1997)
Judgment Day: A Novel, by Patrick Reinken
(Simon & Schuster 1996)
36 The Houston Lawyer No.2, 45 (Sep/Oct 1997)
Interviews:
The Billionaire Everyman: An Interview with
Joe Jamail
41 The Houston Lawyer No. 3, 49 (Nov/Dec 2003)
John Lescroart (novelist, Davis,
California)
40 The Houston Lawyer No.5, 39 (Mar/Apr 2003)
Claude Treece (attorney, Partner,
Gardere Wynne Sewell LLP, Houston, Texas)
40 The Houston Lawyer No. 3 (Nov/Dec 2002)
From Circuit Riding to the Bench: An Interview
with Michael H. Schneider, Chief Justice of the First Court of Appeals
(Houston, Texas)
30 The Houston Lawyer No. 2 (Sep/Oct 2001) (with Reggie Snyder)
History and Justice: An Interview with J.
Harvey Hudson, Justice of the Fourteenth Court of Appeals (Houston,
Texas)
39 The Houston Lawyer No. 6, 51 (May/Jun 2002) (with Karen Lister)
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