Law Commons^™

Home Sweet Homestead? Not If You Are Subject To A Mandatory Homeowners' Association!, Bridget M. Fuselier

Bridget M Fuselier

While Texas homestead law has provided a great degree of protection for homeowners in the past, the rising power of the Homeowners' or Property Owners' Association is placing that protection in jeopardy. Over the past 20 years, associations have grown in number and power. Currently homestead property may be foreclosed on in a non-judicial foreclosure process for non-payment of HOA dues despite the fact that is not one of the liens constitutionally permissible to attach to homestead property. This problem must be remedied, especially in light of stories such as that of Captain Clauer who had his $300,000 home foreclosed …

The Wisdom Of Solomon: Why We Can't Split The Pre-Embryo, Bridget M. Fuselier

Bridget M Fuselier

Due to the fact that there are at least 500,000 cryo-preserved pre-embryos and a very small amount of common law or statutes to provide guidance, legislators need to act and take steps to guide the people impacted by these problems.

This article promotes modifications to property concepts that protects the special dignity of the pre-embryo while also recognizing the autonomy of the individual gamete providers. The article proposes a form of ownership that would prevent the pre-embryos from passing through wills and by intestate succession. It would also eliminate the possibility of ending up with a multitude of owners for …