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Full-Text Articles in Law
Warranted Exclusion: A Case For A Fourth Amendment Built On The Right To Exclude, Mailyn Fidler
Warranted Exclusion: A Case For A Fourth Amendment Built On The Right To Exclude, Mailyn Fidler
SMU Law Review
Searches intrude; fundamentally, they infringe on a right to exclude. So that right should form the basis of Fourth Amendment protections. Current Fourth Amendment doctrine—the reasonable expectation of privacy test—struggles with conceptual clarity and predictability. The Supreme Court’s recent decision to overturn Roe v. Wade casts further doubt on the reception of other privacy-based approaches with this Court. But the replacement approach that several Justices on the Court favor, what I call the “maximalist” property approach, risks troublingly narrow results. This Article provides a new alternative: Fourth Amendment protection should be anchored in a flexible concept derived from property law—what …
Cross-Border Real Estate, Timur Bondaryev, Olga Ivanova, Felipe Isa Castillo, Avikshit Moral, Apurva Kanvinde
Cross-Border Real Estate, Timur Bondaryev, Olga Ivanova, Felipe Isa Castillo, Avikshit Moral, Apurva Kanvinde
The Year in Review
No abstract provided.
Cross-Border Real Estate, Timur Bondaryev, Bohdan Shmorhum, Felipe Isa Castillo, Anders Forkman, Bruce D. Greenberg
Cross-Border Real Estate, Timur Bondaryev, Bohdan Shmorhum, Felipe Isa Castillo, Anders Forkman, Bruce D. Greenberg
The Year in Review
No abstract provided.
Real Property, J. Richard White, Amanda Grainger
Real Property, J. Richard White, Amanda Grainger
SMU Annual Texas Survey
No abstract provided.
Integrated Nonmarital Property Rights, E. Gary Spitko
Integrated Nonmarital Property Rights, E. Gary Spitko
SMU Law Review
Nonmarital cohabitation has become a mainstream family structure in the United States. Yet despite the increasing prevalence of nonmarital cohabitants, American family property law generally fails to support nonmarital couples. This inequality under the law disproportionately disadvantages persons of color, those with relatively less education, and couples with relatively fewer economic resources. This Article considers the post-Obergefell need for law reform to better support nonmarital families, examines the principles that should ground nonmarital property rights reform, and proposes a novel approach to nonmarital property rights that integrates the law of dissolution with the law of succession, unifies the law …
Real Property, J. Richard White, Amanda Grainger
Real Property, J. Richard White, Amanda Grainger
SMU Annual Texas Survey
This article is a survey of the relevant developments in real property law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.
Real Property, J. Richard White, Amanda Grainger
Real Property, J. Richard White, Amanda Grainger
SMU Annual Texas Survey
No abstract provided.
Real Property, J. Richard White, Amanda Grainger, G. Roland Love
Real Property, J. Richard White, Amanda Grainger, G. Roland Love
SMU Annual Texas Survey
No abstract provided.
Property Rules For Martian Resources: How The Space Act Of 2015 Increases The Likelihood Of A Single Entity Controlling Access To Mars, Tyler Conte
Journal of Air Law and Commerce
No abstract provided.
Real Property, J. Richard White, G. Roland Love, Amanda Grainger
Real Property, J. Richard White, G. Roland Love, Amanda Grainger
SMU Annual Texas Survey
No abstract provided.
Rethinking Powers Of Attorney In Real Estate Transactions, Julia Patterson Forrester Rogers
Rethinking Powers Of Attorney In Real Estate Transactions, Julia Patterson Forrester Rogers
SMU Law Review
The Uniform Power of Attorney Act, adopted in 2006, was designed to address the divergence of various states from the original uniform act and to address problems identified by attorneys practicing in the area. One such problem was the refusal of parties to accept powers of attorney—although a client might execute a durable power of attorney as part of an estate plan to avoid a guardianship, parties would refuse to deal with the agent, thus necessitating a guardianship proceeding. The Uniform Act has now been enacted in some form in more than half of the states, including Texas. The author …
Real Property, J. Richard White, G. Roland Love, Amanda Grainger
Real Property, J. Richard White, G. Roland Love, Amanda Grainger
SMU Annual Texas Survey
No abstract provided.
A Comparative Study Of U.S. And Chinese Environmental Law With A Focus On The Real Estate Industry, Jihong Wang, Paul Kossof
A Comparative Study Of U.S. And Chinese Environmental Law With A Focus On The Real Estate Industry, Jihong Wang, Paul Kossof
The International Lawyer
No abstract provided.
Re-Zoning The Sharing Economy: Municipal Authority To Regulate Short-Term Rentals Of Real Property, Cory Scanlon
Re-Zoning The Sharing Economy: Municipal Authority To Regulate Short-Term Rentals Of Real Property, Cory Scanlon
SMU Law Review
No abstract provided.