Property Law and Real Estate Commons^™

Smart Growth Through Tiny Homes: Incentivizing Freedom Of Housing, A. Robin Donnelly

Texas A&M Journal of Property Law

Tiny Homes are an environmentally friendly housing option popping up across the United States. Tiny Homes have a minimal environmental footprint due to their small size and eco-friendly design. As such, Tiny Homes could address several of the Environmental Protection Agency’s city development goals. The Environmental Protection Agency (“EPA”) has created a Smart Growth program that provides financial assistance to cities seeking to implement greener practices throughout city planning. Tiny Home Eco communities could become a popular Smart Growth development plan. Unfortunately, cities have not welcomed Tiny Homes, and this alternative green housing scheme has remained undeveloped. This Comment is …

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 …

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 …

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.

The Limits Of Creativity In Copyright: Digital Manufacturing Files And Lockout Codes, Lucas S. Osborn

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 …

Legal Issues In Ip Protection For Additive Manufacturing, Sharon Flank

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 …

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).

Printing The Future: The Implications Of 3d Printing, Timothy R. Holbrook

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

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 …

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

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 …

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

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, Vince Vela

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 …

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

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 …

How The Government Can ‘Come And Take It’: Asset Forfeiture And How Texas Should Change Its Practice, Sean M. Grove

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 …

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

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 …

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

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.

Recognition And Reflection, Kristen Barnes

Texas A&M Journal of Property Law

This Article focuses on the meaning of the system Gerhart describes by unpacking some of the conclusions he draws regarding legitimacy, cooperation, and morality. The Article also evaluates the framework he proposes for achieving decisions that are “fair and efficient.”3 The Article concludes that Gerhart’s theory significantly advances the project of incorporating equalizing concepts into property law which should result in decisions that are more equitable from a participatory and distributive perspective. However, there are aspects of the theory that do not capture the discordant elements of property systems and that do not unearth the inequalities at the root of …

Property, Morality, And Moral Psychology: Comments On Gerhart’S Property Law And Social Morality, Dave Fagundes

Texas A&M Journal of Property Law

My comments will proceed in two parts. In Part I, I will briefly describe and summarize the study of moral psychology, indicating how it might apply to property law. And in Part II, I will analyze Property and Social Morality through the lens of moral psychology, showing how Professor Gerhart’s project may be advanced through a richer understanding of the content of our ethical beliefs about property and the psychological mechanisms that give rise to them.

Moral Obligation And Natural Capital Commons On Private Land: Perspectives On Peter Gerhart’S Property Law And Social Morality, Blake Hudson

Texas A&M Journal of Property Law

This Article makes a simple and hopefully straightforward attempt to demonstrate how Gerhart’s property theory fills the gaps in privatized commons resource theory. Part II describes in more detail privatized commons resource theory, while Part III discusses Gerhart’s theory both generally and more specifically in the context of natural resources management. This Part first analyzes Gerhart’s explicit grappling with the commons broadly, and more directly wrestles with how his theory lays a legal framework for addressing temporal commons and the interests of future generations in natural capital. Next, this Part discusses the role of positive public law in manifesting society’s …

What Is Owed: Obligation’S Relevance In Property And Intellectual Property Theory, Kali Murray

Texas A&M Journal of Property Law

This Essay explores how Gerhart’s theory of social obligation in property law offers us an innovative way to characterize key theories in patent law. Consequently, throughout this Essay, I employ lessons from patent law that provide a concrete example of how obligations may work in various doctrinal subjects. Part I outlines the basic contours of Gerhart’s theory of obligation. Part II outlines the three basic functions of obligation in property and intellectual property theory. It is hoped that this Essay will serve a substantive function by continuing the ongoing dialogue between property law and intellectual property law in ways that …

Reflections An Property As A Social Good, Peter M. Gerhart

Texas A&M Journal of Property Law

In this reflection, Professor Gerhart relates the ideas of the symposium contributors to his goals in writing Property Law and Social Morality. In doing so, he reflects, in Part I, on his attempt to separate politics from private law property theory, and, in Part II, on how his framework theory provides a mechanism for integrating ideas about the content of legal doctrine from a wide variety of intellectual disciplines. In the first Part of his reflection, Professor Gerhart comments on the corrective justice/distributive justice distinction, related theories of human flourishing, and on rights theories. In the second Part of the …

A Moral Theory Of Property, Laura S. Underkuffler

Texas A&M Journal of Property Law

Gerhart’s theory of “property as tort” is simple, bold, and intuitively compelling. Just as actions that an individual voluntarily undertakes can impose moral obligations in tort, so actions that an individual voluntarily undertakes can impose moral obligations in property. Finally, we have a simple, understandable basis on which other-regarding obligations can be imposed upon property owners, for the externalities that they cause. But does it capture all that is involved in the ownership of property? Put another way, does Gerhart reckon with all of the implications of his theory in the complex world of property ownership?

On Corrective Justice And Rights In Property: A Comment On Property Law And Social Morality, Eric R. Claeys

Texas A&M Journal of Property Law

In this Review, I hope to critique specific parts of Property Law and Social Morality that fairly represent these various reactions. In Part I, I explain the basis for my first cheer, and situate Property Law and Social Morality in relation to other prominent moral theories of property. In Part II, I study one representative example confirming my second cheer about Gerhart’s cross-pollination experiment—his critique of economic “evolutionary” or “Demsetzian” accounts of property in chapter 4. In Part III, I offer what I hope is a friendly amendment to Property Law and Social Morality, to clarify several possible confusions about …

From Social Recognition Of Property To Political Recognition By The State: Peter Gerhart’S Property Law And Social Morality And The Evolution Of Positive Rights, Christopher Serkin

Texas A&M Journal of Property Law

This short response argues that positive property rights—especially in a modern regulatory state—are inherently redistributive. When the State has a choice between different regulatory strategies for achieving public goals, constitutional limits like the Takings Clause should not rely on formal categories but must instead account explicitly for distributive concerns. At the end of the day, the State is an active, not passive, player in the definition of property rights, a role that comes with both constitutional limitations and requirements.

The Honey Trap: How Pesticide Regulations Hold The Key To Honey Bee Survival

Texas A&M Journal of Property Law

No abstract provided.

Field Of Dreams: Is The Movie Site's Commercialization A Dream Plan With Significant Benefits Or A Nightmare Script With Crippling Effects?, Michael J. Mcgraw

Texas A&M Journal of Property Law

This Comment will detail the field’s powerful attraction, discuss and analyze the applicable zoning laws and governing case law associated with comparable property disputes in relation to the present facts, praise the use of tax rebates to help subsidize the project, and assert that the public sector could have established even further requirements for the private business to meet before receiving such substantial public funds.