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Full-Text Articles in Law
Walling Out: Rules And Standards In The Beach Access Context, Timothy M. Mulvaney
Walling Out: Rules And Standards In The Beach Access Context, Timothy M. Mulvaney
Faculty Scholarship
The overwhelming majority of U.S. states facially allocate exclusionary rights and access privileges to beaches by categorically deciding whom to wall in and whom to wall out. In the conventional terms of the longstanding debate surrounding the design of legal directives, such “rules” are considered substantively determinant ex ante and, in application, analogically transparent across similarly situated cases. Only a small number of jurisdictions have adopted “standards” in the beach access context, which—again, on the conventional account—sacrifice both determinacy and transparency for the ability to accommodate ex post the complexities of individual cases. This Article contends that beach access policy …
Expansion Of New Law In Southeast May Stave Off Black Land Loss, Thomas W. Mitchell, Sarah Stein, Ann Carpenter
Expansion Of New Law In Southeast May Stave Off Black Land Loss, Thomas W. Mitchell, Sarah Stein, Ann Carpenter
Faculty Scholarship
Landownership and homeownership are significant contributors to the creation of wealth and thus, drivers of intergenerational economic mobility. However, many people who have inherited family land are unable to realize these opportunities because of the legal effect of their particular form of landownership, often called heirs' property. These landowners are more likely to lose their land through what is known as a partition sale—a property sale resulting from a dispute between co-owners, often ignited by an outside party with an investment interest in the land. This Partners Update article explores the repercussions of heirs' property ownership and examines legislative solutions …
Taking Back The Beach, Lora Naismith
Taking Back The Beach, Lora Naismith
Student Scholarship
The numerous effects of anthropogenic climate change, including sea-level rise, continue to make global changes to our environment. With greenhouse gas emissions come warmer temperatures, melting glaciers, and a higher sealevel. In an attempt to address the rising sea, communities have the option to protect the shoreline, alter structures to be able to remain in the area, or abandon the area as the sea rises. The Texas coast alone is home to roughly 6.5 million people and provides jobs to nearly 2.5 million of those people. As the sea continues to rise, the Texas coast is subject to more severe …
A World Of Distrust, Timothy M. Mulvaney
A World Of Distrust, Timothy M. Mulvaney
Faculty Scholarship
In District of Columbia v. Wesby, the Supreme Court recently considered whether a prudent officer had probable cause to make warrantless arrests at a festive house party. While reactions from scholars of criminal law are beginning to emerge, this Essay is the first to conceive of the decision through the lens of property theory. In this regard, the Essay offers two principal claims. First, on interpretive grounds, it contends that Wesby generated a de facto reallocation of property interests by abolishing both (a) the right held by the general public to access without fear of arrest those properties to which …