Land Use Law Commons^™

Location, Location, Mis-Location: How Local Land Use Restrictions Are Dulling Halfway Housing's Criminal Rehabilitation Potentia, Michael J. Mcgowan

Student Scholarship

Part I of this Article begins with a brief historical explanation of halfway houses as a model of criminal rehabilitation. Part II addresses why recidivism rates provide the most appropriate metric gauging halfway houses' success and how they apparently have failed to improve recidivism rates. Part III then delves into the body of scholarship that explains how an individual's likelihood of landing back behind bars is to some extent demonstrably tied to their location, meaning their surrounding cultural, economic, and criminogenic environment. Part IV discusses the sparse data on the sorts of neighborhoods where halfway houses ultimately end up and …

Easement Come, Easment Go - The Cemetery Access Easement: The Exemption To The Right To Exclude Whose Time Has Come To Facilitate The Preservation Of Nineteenth-Century Texas Family Cemeteries, J. Dwight Tom

Student Scholarship

This Article discusses the cemetery access easement and access agreements under the lens of an emerging modern theoretical approach—the Social Morality Theory of Property Law. Part II reviews the history of public and private memorials in Texas, preservation efforts of nineteenth-century cemeteries, and other significant Texas historical sites. Part III discusses the cemetery access easement under current Texas law and regulatory schemes. Part IV discusses the obstacles of awareness and access as the greatest threats to the current and future status of nineteenth-century Texas family cemeteries on rural private land. Finally, Part V proposes incentives, approaches, and recommendations to strengthen …

Come And “Take” It: Whooping Cranes, Texas Water Rights, Endangered Species Act Liability, And Reconciling Ecological Scientific Testimony Within The Context Of Proximate Causation, Brett A. Miller

Student Scholarship

Tension between science and the law is a pervading feature of Endangered Species Act (ESA) jurisprudence. Incorporating the scientific discipline of ecology within the legal landscape presents distinct challenges, particularly in comparison with more traditional laboratory sciences. Within the realm of Endangered Species Act liability, the intricacies of nature exacerbate already complicated links of causation, challenging the ability to prove violations of the “take” prohibition. Because uncertainties permeate scientists’ ability to understand complex ecosystem processes, courts should rely on the overarching practicality of common law principles when reviewing ecological testimony.

When evaluating claims that allege violations of the “take” prohibition, …