SmartBrief
Confirm favorite deletion?
Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen
Citation:
952 S.W.2d 454 (1997)Facts
The Texas Legislature in 1993 enacted Subchapter 74D authorizing the Commissioner of Agriculture to certify a nonprofit organization to create the Official Cotton Growers’ Boll Weevil Eradication Foundation. Texas Cotton Producers, Inc. petitioned for certification and created the Foundation as a nonprofit corporation with an initially appointed nine-member board. The Foundation conducted referenda in proposed eradication zones, and upon approval by two-thirds of voting growers or those farming over half the cotton acreage, could levy mandatory assessments to fund eradication programs. The Foundation exercised broad powers including conducting elections, setting assessments, determining eradication programs, borrowing unlimited funds, entering private property without permission, imposing penalties, and recommending crop destruction for nonpayment. In the High Plains Zone, growers approved assessments ranging from $1.25 to over $1.25 per acre plus per-pound charges. In the Lower Rio Grande Valley Zone, after a disastrous 1995 crop failure attributed to the eradication program, growers voted to cancel the program, but the Foundation continued collecting assessments to retire $9 million in debt. Cotton growers from both zones sued challenging the assessments on multiple constitutional grounds.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.