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Full-Text Articles in Law

Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau Sep 2017

Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau

Texas A&M Law Review

In a world where global economies are increasingly interdependent, the United States, and its North American counterparts, Canada and Mexico, are booming sources of international trade. Now, more than ever, global competitiveness necessitates developments in U.S. infrastructure, especially at major border crossings where congestion and poor infrastructure create bottlenecks interfering with the free movement of goods. Questions pertaining to international border crossings circle the debate at the most crucial international border crossing in North America: the Ambassador Bridge, which spans the Detroit River between Detroit, Michigan, and Windsor, Ontario. A legal battle rages over the proposed construction of a new …


Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman Sep 2017

Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman

Texas A&M Law Review

As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought …


Law And Policy Resource Guide: A Survey Of Eminent Domain Law In Texas And The Nation, Caitlyn Ashley, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, Taylor Dennington, Tave Doty, Stacie Dowell, Cameron Frysinger, Jordan Simmons Hayes, Alexandria Hutchison, Hillary Tidwell, Michael Vinson, George Wigington, Christopher Wilkes, Lola Wilson, Shane Wright Jan 2017

Law And Policy Resource Guide: A Survey Of Eminent Domain Law In Texas And The Nation, Caitlyn Ashley, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, Taylor Dennington, Tave Doty, Stacie Dowell, Cameron Frysinger, Jordan Simmons Hayes, Alexandria Hutchison, Hillary Tidwell, Michael Vinson, George Wigington, Christopher Wilkes, Lola Wilson, Shane Wright

EENRS Program Reports & Publications

Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began.

Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, …


Bringing Home The Right To Housing To Advance Urban Sustainability, Lisa Alexander Jan 2017

Bringing Home The Right To Housing To Advance Urban Sustainability, Lisa Alexander

Texas A&M Journal of Property Law

The title of my talk today is Bringing Home the Right to Housing to Advance Urban Sustainability. You may ask what is the right to housing? Why do we need to bring it home? And what does it have to do with the broader topic of today’s symposium, urban sustainability?

The human right to housing, although not a formal American federal or constitutional right, provides an important legal and normative framework that can help American cities and states better balance the needs of owners and non-owners in local housing and development struggles. If American cities and states want to create …


An Idea Whose Time Has Gone: How Amortization Is Unconstitutional Retroactive Legislation In Texas, William R. Maurer Jan 2017

An Idea Whose Time Has Gone: How Amortization Is Unconstitutional Retroactive Legislation In Texas, William R. Maurer

Texas A&M Journal of Property Law

This Article discusses what amortization is, why municipal governments use it, and how the courts of Texas and other states have treated the practice. Next, this Article argues that, while Texas courts have routinely approved amortization, many exercises of the power are likely unconstitutional under Texas’s prohibition on retroactive civil legislation and that it violates due process. Lastly, this Article concludes with a call for Texas courts to reexamine the constitutionality of this oppressive practice and do away with it once and for all.


Teaching Applied Sustainability: A Practicum Based On Drafting Ordinances, Jonathan Rosenbloom, John C. Dernbach Jan 2017

Teaching Applied Sustainability: A Practicum Based On Drafting Ordinances, Jonathan Rosenbloom, John C. Dernbach

Texas A&M Journal of Property Law

This Article describes and explains a sustainability law practicum class that is now taught in only two law schools, but which has considerable teaching and practical value. It also explains how this class is consistent with, and furthers, the growing demand for experiential, skills-based legal education employing formative assessment. The class uses a real-world setting to provide students with skills they will need to help clients meet their sustainability goals. These skills include applying the principles of sustainable development in specific contexts; researching local government law; drafting legislation and ordinances; giving short presentations; and counseling clients. These skills are developed …


Legal Issues In Ip Protection For Additive Manufacturing Jan 2017

Legal Issues In Ip Protection For Additive Manufacturing

Texas A&M Journal of Property Law

Additive manufacturing (“AM”) offers the power to design and create in new ways but also brings challenges in intellectual property protection and unauthorized copying, along with potential liability issues. One growing problem is counterfeiting, which is recognized as part of a worldwide industry estimated at over $1 trillion. “There are two basic paths to creating counterfeits with 3D printing.” First, the print instructions, in the form of a software design file, can be stolen, shared, or mocked up. Alternatively, an existing object “(including a genuine branded or licensed product)” can be 3D scanned to create a design file to print …


Printing The Future: The Implications Of 3d Printing Jan 2017

Printing The Future: The Implications Of 3d Printing

Texas A&M Journal of Property Law

What I am going to talk about today is sort of an aggregation of a lot of things I have already published, or am thinking about, that relates to how 3D printing challenges our patent system and how the patent system could respond doctrinally now and, in other ways, that we could theorize we could do. We should be frightened about some of those steps, however. I will then discuss some of the consequences that flow from these arguments. And so, I will skip through some of the earlier slides as to 3D printing. I think people know what that …


Water Valuation And Utility Rates, Amy Hardberger Jan 2017

Water Valuation And Utility Rates, Amy Hardberger

Texas A&M Journal of Property Law

As I’ve worked on this topic, it really has evolved. I was thrown into land use, but land use opened my eyes to new water tools. Nationwide there is a shift towards conservation of water and water sustainability. Land use might be the “ace-in-the-hole,” not the simple act of turning the water off when you brush your teeth—even though I want you to do that.

What’s important when talking about how we are going to survive, is “where are we going?” Because cities are so overpopulated, we are moving out of rural areas and into cities. This has caught the …


Making Existing Homes Greener, James Charles Smith Jan 2017

Making Existing Homes Greener, James Charles Smith

Texas A&M Journal of Property Law

During the past two decades, a “green building movement” has emerged, at first concentrating on the “greening” of government and commercial building. More recently, the focus has turned to the greening of residential buildings. “Green homes” are increasingly popular in the United States and throughout the world. They consume less energy; reduce environmental impacts; and conserve land, water, and other natural resources. Now, thousands of homebuyers are willing to take into account green environmental considerations when making home purchase decisions. They are motivated economically (the prospect of lower utility bills) and altruistically (doing what is good for the environment).


The Limits Of Creativity In Copyright: Digital Manufacturing Files And Lockout Codes Jan 2017

The Limits Of Creativity In Copyright: Digital Manufacturing Files And Lockout Codes

Texas A&M Journal of Property Law

As the distinction between the digital and physical worlds continues to diminish, the necessity to reevaluate the bargain struck by the copyright regime increases in importance. Digitization brings increasingly more aspects of our world into the potential ambit of the copyright system. To understand whether and how the copyright system should apply in an increasingly digital world, it is first necessary to understand doctrinally how current copyright laws apply to new digital works. This Article corrects several errors that have appeared in the literature analyzing copyright law’s treatment of 3D printing and other digital manufacturing files. This Article incorporates an …