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Full-Text Articles in Law

Legislative Exactions And Progressive Property, Timothy M. Mulvaney Dec 2016

Legislative Exactions And Progressive Property, Timothy M. Mulvaney

Faculty Scholarship

Exactions — a term used to describe certain conditions that are attached to land-use permits issued at the government’s discretion — ostensibly oblige property owners to internalize the costs of the expected infrastructural, environmental, and social harms resulting from development. This Article explores how proponents of progressive conceptions of property might respond to the open question of whether legislative exactions should be subject to the same level of judicial scrutiny to which administrative exactions are subject in constitutional takings cases. It identifies several first-order reasons to support the idea of immunizing legislative exactions from heightened takings scrutiny. However, it suggests …


Restoring Hope For Heirs Property Owners: The Uniform Partition Of Heirs Property Act, Thomas W. Mitchell Nov 2016

Restoring Hope For Heirs Property Owners: The Uniform Partition Of Heirs Property Act, Thomas W. Mitchell

Faculty Scholarship

For well over 125 years, many Americans have lost their tenancy-in-common property involuntarily in various legal proceedings. For example, courts throughout this country have often resolved partition actions, a legal proceeding in which a tenant in common seeks to exit a tenancy in common, by ordering a forced, partition sale of the property even when these courts could have ordered a remedy that would have preserved the property rights of the tenants in common. Though partition sales have negatively impacted a broad cross section of people in this country, the sales have particularly impacted poor and disadvantaged African-Americans, Hispanics, white …


Location, Location, Mis-Location: How Local Land Use Restrictions Are Dulling Halfway Housing's Criminal Rehabilitation Potentia, Michael J. Mcgowan Mar 2016

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 …


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 Feb 2016

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, …


Hollywood Blackout: Impact Of New Architectural Copyright Laws On The Filming Industry Jan 2016

Hollywood Blackout: Impact Of New Architectural Copyright Laws On The Filming Industry

Texas A&M Journal of Property Law

This Article will focus on particular emerging copyright laws and their effect on the film industry. Section II will begin with a brief overview of the film industry as well as a brief discussion of the reasons people watch films. The Section will then proceed with a discussion on the importance of filming locations, as well as how the industry has changed in its perception of filming locations. Section III will detail what the current copyright law is, as well as exceptions the courts have used in determining copyright infringement. Section IV will then describe the Freedom of Panorama laws …


How The Government Can ‘Come And Take It’: Asset Forfeiture And How Texas Should Change Its Practice Jan 2016

How The Government Can ‘Come And Take It’: Asset Forfeiture And How Texas Should Change Its Practice

Texas A&M Journal of Property Law

As a model of review, this Comment will use Texas’s laws—juxtaposed against state laws that are providing more protections—to compare what Texas is doing wrong in light of what other states are doing right. First, this Comment will give a brief history of asset forfeiture in general and provide the status of civil asset forfeiture in the twentyfirst century. Part II will discuss the benefits of some asset forfeiture programs while highlighting the shortcomings and burdens that civil asset forfeiture brings. Part III will show state legislation aimed at curtailing civil asset forfeiture and the factors that make Texas’s laws …


Red-Handed Without A Defense: Avoiding Civil Forfeiture When Leasing To Lawful Marijuana Tenants Jan 2016

Red-Handed Without A Defense: Avoiding Civil Forfeiture When Leasing To Lawful Marijuana Tenants

Texas A&M Journal of Property Law

Lawful marijuana tenants (“LMT”), or tenants who lease property for the purpose of operating a marijuana-related business in compliance with the applicable marijuana provisions of their state, are demanding property and offering big bucks—leaving property owners in a precarious situation. This Article discusses the problem faced by property owners wishing to lease premises to growers, processors, and sellers of marijuana in states that have adopted marijuana provisions and established regulatory frameworks. In these states, marijuana provisions do not alter the respective state’s landlord-tenant statutes, despite the various property-related requirements marijuana businesses must adhere to for licensure to operate. Licensing requirements …


Blood & Money: A Conflict In Texas Statutes Regarding Adoptees’ Inheritance Rights From And Through Biological Parents Jan 2016

Blood & Money: A Conflict In Texas Statutes Regarding Adoptees’ Inheritance Rights From And Through Biological Parents

Texas A&M Journal of Property Law

In Texas, the statutes are in conflict as to whether an adopted person is emphatically given the right to inherit intestate through and from their biological parents. This Note will delve into the history of adoption law, the adoption law process, differences in the statutes, and suggest how the Texas Legislature can mend these statutes to be in harmony with each other. For the purposes of this Note, when adoptee is mentioned it only refers to a child who was adopted as a minor.


Show Me The Money: How Registered Sex Offenders Affect Property Tax Revenue And What Governments Can Do To Recover The Losses Jan 2016

Show Me The Money: How Registered Sex Offenders Affect Property Tax Revenue And What Governments Can Do To Recover The Losses

Texas A&M Journal of Property Law

Many people have written scholarly articles highlighting the pros and cons of SORs. Some have taken the analysis a step further by pointing out the impact SORs have on the values of homes in the vicinity of a registered sex offender (“RSO”). While these studies have pointed out the impact the presence of an RSO can have on the property value for an individual homeowner, research regarding the impact RSOs have on property tax revenue for taxing districts is nonexistent. This Article highlights the correlation between the depressive effect the presence of RSOs has on property values, the impact this …


It’S Up In The Air! Potential Criminal Liabilities For Drone-Associated Issues In The Great State Of Texas Jan 2016

It’S Up In The Air! Potential Criminal Liabilities For Drone-Associated Issues In The Great State Of Texas

Texas A&M Journal of Property Law

“Look! Up in the sky! It’s a bird! It’s a plane!” No, it’s a drone! Private and commercial drone use is expanding as quickly as the technology can be developed to fulfill the various needs of different users. As new ways to use drones are conceived every day, the potential for conflict is ever increasing. This Article will argue that, in the absence of any real federal guidance on the subject, the state of Texas must apply its current criminal law framework to any drone-related conflicts that may arise. This will provide clear guidelines for resolving the multitude of issues …


Doctoring Up Cybersecurity Standards: A Solution To Adequate Internet Security Measures Post Wyndham Jan 2016

Doctoring Up Cybersecurity Standards: A Solution To Adequate Internet Security Measures Post Wyndham

Texas A&M Journal of Property Law

In today’s technological world, it is common for corporations and individuals alike to enjoy and exploit the benefits of cloud computing. These advancements, however, come with a price as the modern technological age continues to grow. By its very nature, the normal course of business has changed drastically. From private entrepreneurial websites to conglomerates like Amazon, Inc., making purchases online has never been easier. Rather than traveling to your products, consumers today simply create an account with a certain business, enter personal credentials, provide a credit or debit card number for the transaction, and give an address for the shipment …


Fixed Vs.Floating Non-Participating Oil & Gas Royalty In Texas: And The Battles Rage On . . ., Christopher S. Kulander Jan 2016

Fixed Vs.Floating Non-Participating Oil & Gas Royalty In Texas: And The Battles Rage On . . ., Christopher S. Kulander

Texas A&M Law Review

The author discusses fixed and floating non-participating oil and gas royalty in Texas and concludes that royalty cases will continue to be heard by the courts.