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Full-Text Articles in Law

Home Sweet Homestead? Not If You Are Subject To A Mandatory Homeowners' Association!, Bridget M. Fuselier Nov 2010

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 ...


Three Suggestions For The Texas Limited Liability Company Law, Val D. Ricks Nov 2010

Three Suggestions For The Texas Limited Liability Company Law, Val D. Ricks

Val D. Ricks

Since I began asking my students to study the Texas Business Organizations Code, I have encountered several provisions that are difficult to explain. In this article, I address the three most bothersome such provisions in the code applicable to limited liability companies: (1) The statute addressing “Transactions Involving Interested Governing Persons” actually does not address such transactions. (2) The statute applicable to agents of limited liability companies overturns nearly the entire common law of agency and leaves us with uncertainty. (3) Against the explicit provisions of the Code, legislative history, and another provision making it almost impossible procedurally, courts apply ...


Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green Oct 2010

Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green

Nora J. Pasman-Green

More than 1.4 million people are arrested annually for drunk driving, a crime that results in over 10,000 fatalities, more than 225,000 non-fatal injuries, and economic costs exceeding $50 billion. Drunk driving has become a major public health problem. This article traces development of the technology – the alcohol ignition interlock – which prevents drunk drivers from operating their vehicles. Ongoing research is underway to equip new automobiles with alcohol detection devices as standard equipment. The article explores the possibility of eliminating drunk driving once all vehicles are manufactured with pre-market interlocks installed. The article examines the impact of ...