Law Commons^™

Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii

St. Mary's Law Journal

Abstract forthcoming.

The Case For The Rodeo: An Analysis Of The Houston Livestock Show And Rodeo's Inverse Condemnation Case Against The City Of Houston, Emilio R. Longoria

Faculty Articles

This Article will explore questions at the frontier of eminent domain law using the Houston Rodeo's 2020 closure as its case study. In doing so, it will attempt to clear the muddied waters of the Court's jurisprudence on compensable takings. Because of the Rodeo's location, and because of the Supreme Court's recent decision in Knick v. Townshjp of Scott, this analysis will be done using both federal and Texas law. However, since many state jurisdictions either parallel federal takings law or have made their respective takings statutes more stringent - finding compensable takings more easily than Texas or the federal …

Fire Losses And Conflicting Judicial Rulings Over Whether Property Insurers Must Indemnify Insureds And Pay Third-Party Claims - Some Implications For Wildfire Litigation In Texas's Courts, Willy E. Rice

Faculty Articles

Wildfires in Texas have generated two interrelated questions: (1) whether insurers have a duty to indemnify residential and commercial property owners if a wild forest, brush, grass, or prairie fire destroys homeowners' property in Texas, and (2) whether insurers have a duty to pay or settle third-party claims in Texas if a property owner starts a fire on her property, which evolves into a wildfire and destroys a third party's residential or commercial property.

Antitrust Implications Of Municipal Land Use Planning, Victoria M. Mather

Faculty Articles

Congress enacted the Local Government Antitrust Act of 1984 in response to outcomes in many well-publicized cases and from widespread criticism of the state action doctrine as applied by the courts. The state action exemption as used by the courts today is riddled with analytical and practical problems. The Local Government Antitrust Act of 1984 shields municipal governments from monetary damage awards for violations of antitrust laws, but the act did not go far enough.

A few state legislatures have either considered or enacted statutes protecting municipalities from state or federal antitrust liability. However, preemption analysis is problematic because it …

The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson

St. Mary's Law Journal

Jurisdictions have reassessed the validity of the common law rule of caveat emptor as it relates to landlord-tenant transactions. Courts have imposed the implied warranty of habitability in the wake of the common law rule’s inapplicability to modern leasing situations. The implied warranty better reflects that the modern tenant seeks the use of a habitable dwelling for a temporary period of time. The inability to provide needed changes to the rule through limited exceptions and modifications provides the backdrop for Texas’ rejection of the common law doctrine of caveat emptor. Moreover, the courts have concerns over the harshness of the …