Law Commons^™

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 …

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 …

It's A Trap!: Responsible Enforcement Of Texas Disaster Evacuation Orders, William S. Gribble

Student Scholarship

We see emergencies within our lives and communities every day without much fanfare. However, when emergencies impact entire neighborhoods, communities, or regions, they become disasters. Depending on its severity, residents can be forced to flee in search of safety. Texas has had nearly five times the annual average of federal disaster declarations than that of any other state in the union. To manage emergencies and disasters, Texas law affords local governments numerous powers, including the authority to order evacuations. While many states have a single mechanism to enforce evacuation orders, Texas has both a civil (recovery of rescue expenses) and …

Putting Texas Back In Texas Hold 'Em, Scott Sloan

Student Scholarship

Texas takes pride in its unique Western heritage and its adventurously independent spirit. However; the Texas Legislature has spurned a widely popular and uniquely Texan pastime, Texas Hold 'E. Despite praising Texas's cultivation of Texas Hold 'Em, Texas low condemns participation in the game to the secrecy of Texans homes. Tronically, while maintaining an allegedly strict stance against commercial gambling, Texas manages its own lottery and administers pari-mutuel wagering on dog and horse racing tracks.

In a futile attempt to exploit perceived loopholes in Texas's private-gambling exception, some Texans have opened businesses, dubbed "Private Card Rooms" that invite individuals to …