Law Commons^™

A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk

St. Mary's Law Journal

No abstract provided.

The U.S. Government Taking Under Eminent Domain: When Just Compensation Is Unjust (Comment), Michael Perez

The Scholar: St. Mary's Law Review on Race and Social Justice

The true effects of private takings do not occur in a vacuum and are not solely academic in nature. The consequence of losing property implicates loss of income, loss of value in residual property, and loss of familial land. The importance of protecting the rights of individual land-owners becomes increasingly apparent when analyzing the effect of the taking.

This comment will explore how the government’s taking of private property occurs—including how the government has loosened restrictions and procedural hurdles. The analysis will focus specifically on processes, policies, and statutes, created and used by the federal government to facilitate takings necessary …

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.

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.

Unlimited Liability For Banks: Deposits As Fraudulent Transfers, Katherine Zampas

St. Mary's Law Journal

One of a trustee’s most valuable resources in bankruptcy proceedings is his avoidance powers. A trustee is charged with the duty to recover and recapture any property wrongfully removed from the estate by way of fraudulent transfer or preference. In some cases, a trustee has attempted to treat a debtor’s deposit into a bank account as a transfer, rendering it subject to his avoidance powers. Such a result will leave banks collaterally responsible as a transferee for a debtor’s conduct despite their lack of culpability and control over the funds.

The definition of transfer within the Bankruptcy Code is comprehensive …

Lee Hargis Lytton Iii: A Most Extraordinary, Interesting And Instructive Life, Robert Summers

St. Mary's Law Journal

Tribute to Lee Hargis Lytton III, a professor at St. Mary's University School of Law in San Antonio, Texas.

Not Everybody Loves Raymond: How The Case Of Raymond V. Raymond Made A Shambles Of Interspousal Gift Presumptions And The Parol Evidence Rule In Matters Of Texas Community Property, Pamela E. George

St. Mary's Law Journal

Abstract forthcoming

Municipal Annexation Reform In Texas: How A Victory For Property Rights Jeopardizes The State’S Financial Health, Julie Polansky Bell

St. Mary's Law Journal

Municipal annexation is the expansion of city boundaries. The greatest motivator behind municipal annexation is maintaining and improving economic prosperity of the annexing authority. The issue of annexation involves a balance of rights between property owners and municipalities of the state. Historically, Texas cities had broad annexation authority under an involuntary annexation scheme. However, in recent years the power has shifted as lawmakers have given property owners greater control over the annexation process. This trend culminated in the passage of the Municipal Annexation Right to Vote Act (MARVA) by the 85th Texas Legislature, which severely limits annexation authority.

Texas municipalities …

Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty, Katerina P. Lewinbuk

St. Mary's Journal on Legal Malpractice & Ethics

Lawyers have increasingly become subject to liability under various legal theories, ranging from traditional legal malpractice or negligence liability claims to various third-party actions. Most recently, state and federal courts across the country have recognized attorney liability for aiding and abetting a client’s breach of fiduciary duty. This Article will address the current status of the cause of action for a lawyer’s aiding and abetting her client’s breach of fiduciary duty, explain the commonalities and distinguish nuances as outlined by particular states, examine recent decisions by federal courts that have recognized the cause of action, and culminate in its conclusion …

The Limited Duties Of Lawyers To Protect The Funds And Property Of Nonclients, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Issues arise daily in law practice about the duties owed by lawyers to nonclients with respect to funds or property entrusted to them. In resolving those issues, care must be exercised when interpreting state versions of Model Rule 1.15, the American Bar Association’s pattern ethics rule on safekeeping of funds and property. Otherwise, a lawyer’s duties to third persons may too readily encroach on the performance of obligations owed to clients, as well as on the legitimate interests of lawyers themselves.

As numerous authorities have recognized, lawyers are obliged to protect the property interests of third persons only if they …

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Getting Local Governments Where They Need To Go Without Taking Taxpayers For A Ride: "Cabs," Why They Are Used, And What Can Be Done To Prevent Their Misuse, Heather G. White

St. Mary's Law Journal

Abstract forthcoming

Time To Repair The Chain: Void Deeds, Subsequent Purchasers, And The Texas Recording Statutes, Richard E. Flint

St. Mary's Law Journal

Abstract forthcoming.

The Constriction Of Rights: A Property Law Approach To City-Based Immigration Initiatives That Place Rental Bans On City Ballots., Margaret Mcentire

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Contracts As Commodities: Issues And Approaches In Regard To Commercial Real Estate Earnest Money And Option Contracts - A Texas Lawyer's Perspective., Bille J. Ellis Jr., Bennett I. Abramowitz

St. Mary's Law Journal

Abstract Forthcoming.

Introduction Symposium - Selected Topics On Land Use Law., Henry G. Cisneros

St. Mary's Law Journal

No abstract provided.

Perspectives On Urban Homestead Exemptions - Texas Amends Articles Xvi, Section 51 Symposium - Selected Topics On Land Use Law - Comment., Julie B. Schroeder

St. Mary's Law Journal

No abstract provided.

Contract Language Stating No Warranties, Express Or Implied, Is Effective Disclaimer Of Implied Warranty Of Fitness And Habitability In Sale Of New House By Builder-Vendor Symposium - Selected Topics On Land Use Law - Case Note., Judy K. Lytle

St. Mary's Law Journal

No abstract provided.

Home Rule Cities And Municipal Annexation In Texas: Recent Trends And Future Prospects Symposium - Selected Topics On Land Use Law., Robert R. Ashcroft, Barbara Kyle Balfour

St. Mary's Law Journal

No abstract provided.

Private Land Restrictions In Texas: A Need For Greater Legislative Control Symposium - Selected Topics On Land Use Law - Comment., Michael S. Goodrich

St. Mary's Law Journal

No abstract provided.

Title To Substances Determined To Be Minerals As A Matter Of Law Is Held By Owner Of The Mineral Estate., Harry Skeins

St. Mary's Law Journal

Abstract Forthcoming.

Introduction Symposium - Real Estate Finance - An Emphasis On Texas Law - Introduction., James H. Wallenstein

St. Mary's Law Journal

Abstract Forthcoming.

Coping With Texas Mechanics' Liens: A Lender's Guide To Priorities Symposium - Real Estate Finance - An Emphasis On Texas Law., Eldon L. Youngblood

St. Mary's Law Journal

Abstract Forthcoming.

Foreign Investment In U.S. Real Estate Symposium - Real Estate Finance - An Emphasis On Texas Law., Stephen P. Jarchow

St. Mary's Law Journal

Abstract Forthcoming.

Truth In Lending Simplification And Reform Act: Changes Affecting Disclosure Requirements In Home Mortgage Transactions., Susan C. Shank

St. Mary's Law Journal

Abstract Forthcoming.

Variable Rate Mortgages: Texas Savings &(And) Loan Associations Authorized To Offer Flexible Financing Alternatives., Scott R. Worthern

St. Mary's Law Journal

Abstract Forthcoming.

New Developments In Real Estate Financing Symposium - Real Estate Finance - An Emphasis On Texas Law., Jesse B. Heath Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Equity Participation Arrangements Between Institutional Lenders And Real Estate Developers Symposium - Real Estate Finance - An Emphasis On Texas Law., J. Cary Barton, Robert E. Morrison

St. Mary's Law Journal

Abstract Forthcoming.

Ulta And Non-Judicial Mortgage Foreclosure In Texas., Patricia E. Rant

St. Mary's Law Journal

Much of the current law governing secured land transactions remains closely akin to common law practices of feudal England. Consequently, certain aspects of the law in this area are provincial, anachronistic, and ill-suited to the needs of the modern borrower and lender. Even a cursory examination of Texas mortgage foreclosure law demonstrates certain shortcomings of the existing system. The Uniform Land Transactions Act (ULTA) professes to simplify, modernize, and unify state laws relating to real estate transactions. ULTA expects to accomplish these various purposes through uniformity in foreclosure proceedings. ULTA suggests several distinct advantages not currently available under Texas law. …

Basics Of Real Estate Syndications Symposium - Real Estate Finance - An Emphasis On Texas Law., John C. Andrews

St. Mary's Law Journal

Abstract Forthcoming.