Featured

Legal Responses to Coronavirus (COVID-19)

1 UCLA

The UCLA School of Law Hugh & Hazel Darling Law Library has compiled a timely guide (https://libguides.law.ucla.edu/coronavirus) to help locate legal responses to COVID-19.  According to the guide, “many units of government at all levels (federal, state, and local) have issued, and continue to issue, legal responses to the coronavirus epidemic, and some states have laws pre-dating the epidemic but that have become more relevant, such as quarantine statutes and requirements for paid sick leave.  This [sic] goal of this guide is to provide links to primary sources and high-quality summaries to these.”

2 UCLA

The federal materials provided in the guide include links to items published by various federal agencies as well as Public Laws about COVID-19.  While the major focus of the guide is on federal and California resources, there are sections dedicated to other state and local jurisdictions.

There is also a useful section that provides links to “Other Resources” that users might find educational.

3 UCLA

Among the Other Useful Resources is the Coronavirus (COVID-19) Resource Kit from LexisAdvance and the COVID-19 Workforce Virtual Toolkit from the HHS.

4 UCLA

 

 

 

 

For assistance with locating further information on COVID-19, please contact the Law Library Reference Desk between the hours of 8:30am and 4:30pm Monday through Friday via email or phone.

Email:  reference.law@ttu.edu

Phone:  806-742-7155

 

August 2020 Law Faculty Publications & News

Throughout the month of August, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for August 1 to August 31, 2020.

Articles, Essays, and Reviews

1. Sally McDonald Henry, Ordin on Contesting Confirmation, 7th Edition, (2020 Supplement).

2. Gerry W. Beyer, Texas Law of Wills (2020 ed.) (Volumes 9 & 10 of the Texas Practice Series).

3. Gerry W. Beyer, Beyer’s Texas Property Code Annotated (2020 ed.).

4. Gerry W. Beyer, Probate and Decedent’s Estates (2020 Supplements to Volumes 17 & 18 of the Texas Practice Series).

5.Gerry W. Beyer, Recent Judicial Developments, Est. Plan. Dev. for Tex. Prof., Aug. 2020, at 1.

6. Gerry W. Beyer, Keeping Current—Probate, Prob. & Prop., July/Aug. 2020, at 25 (editor).

Op-Eds

1. Arnold Loewy & Charles Moster, It’s debatable: Should presidential candidates of a certain age be screened for cognitive impairment? Lubbock-Avalanche J. (Aug 9, 2020 at 12:01 am); available at https://www.lubbockonline.com/opinion/20200809/itrsquos-debatable-should-presidential-candidates-of-certain-age-be-screened-for-cognitive-impairment.

Citations

1. Prof. Camp’s article Dual Construction of Rico: The Road Not Taken in Reves is cited in the following article: Julian R. Murphy, A Tale of Two Canons: Can A Federalism Canon Succeed Where Lenity Has Failed to Limit Federal Criminal Laws?, 8 Va. J. Crim. L. 60 (2020).

2. Prof. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look is cited in § 8:8 of the Federal Jury Practice and Instructions (August 2020 Update).

3. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse is cited in the following article: Daniel J. Wright, The Orphaned Right: How A San Diego Resident Might Have Saved Second Amendment Liberty–Peruta V. California, 137 S. Ct. 1995 (2017), 32 Regent U. L. Rev. 387 (2020).

4. Prof. Casto’s article The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth is cited in the following article: Hon. Mark C. Dillon, U.S. Chief Justice John Jay: When All Judges Were Originalists, 15 Jud. Notice 20 (2020).

5. Prof. Brie Sherwin’s article After the Storm: The Importance of Acknowledging Environmental Justice in Sustainable Development and Disaster Preparedness is cited in the following article: Andrea Giampetro-Meyer & Nancy Kubasek, Harvey: Environmental Justice and Law, 31 Fordham Envtl. L. Rev. 37 (2020).

6. Prof. Gonzalez’s article A Tale of Two Waivers: Waiver of the Jury Waiver Defense under the Federal Rules of Civil Procedure is cited in § 2321 of Wright & Miller’s Federal Practice and Procedure (August 2020 Update).

7. Prof. Beyer’s articles Videotape and the Probate Process: The Nexus Grows, and Videotaping The Will Execution Ceremony–Preventing Frustration Of The Testator’s Final Wishes are cited in the following article: Thaddeus Mason Pope, Video Advance Directives: Growth and Benefits of Audiovisual Recording, 73 SMU L. Rev. 163 (2020).

8. Prof. Beyer’s articles Statutory Will Methodologies—Incorporated Forms Vs. Fill-In Forms: Rivalry Or Peaceful Coexistence?, and Statutory Fill-In Will Forms–The First Decade: Theoretical Constructs And Empirical Findings are cited in the following article: David Horton, Do-It-Yourself Wills, 53 U.C. Davis L. Rev. 2357 (2020).

9. Prof. Outenreath’s article Cheers! Ending Quill … What Can Be Learned from the Wine Industry is cited in the following article: Kathryn Kisska-Schulze, Corey Ciocchetti, & Ralph Flick, Case Baiting, 57 Am. Bus. L.J. 321 (2020).

10. Prof. Beyer’s article Trusts and Estates Practice into the Next Millennium is cited in the following article: Lee-ford Tritt, Litigation Blues For Red-State Trusts: Judicial Construction Issues For Wills And Trusts, 72 Fla. L. Rev. 841 (2020).

11. Prof. Murphy’s article Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Kate Webber Nunez, Persuasive or Pipe Dream? The Potential Influence of the Feminist Judgments Project on Future Judicial Decision Making, 9 Brit. J. Am. Legal Stud. 323 (2020).

12. Prof. Casto’s articles Advising Presidents: Robert Jackson and the Destroyers-For-Bases Deal and Attorney General Robert Jackson’s Brief Encounter with the Notion of Preclusive Presidential Power are cited in the following article: Louis Fisher, Sources And Limits For Presidential Power: Perspectives Of Robert H. Jackson, 83 Alb. L. Rev. 441 (2020).

13. Prof. Murphy’s publication Eight Things Americans Can’t Figure Out About Controlling Administrative Power is cited in the following article: Ronald A. Cass, Motive And Opportunity: Courts’ Intrusions Into Discretionary Decisions Of Other Branches–A Comment On Department Of Commerce V. New York, 27 Geo. Mason L. Rev. 401 (2020).

14. Prof. Christopher’s article Mobile Banking: The Answer For The Unbanked In America? is citing in the following article: Carol R. Goforth, The Case For Preempting State Money Transmission Laws For Crypto-Based Businesses, 73 Ark. L. Rev. 301 (2020).

15. Prof. Sutton’s article Asynchronous, E-Learning in Legal Education: A Comparative Study with the Traditional Classroom is cited in the following article: Nina A. Kohn, Online Learning And The Future Of Legal Education: Symposium Introduction, 70 Syracuse L. Rev. 1 (2020).

16. Prof. Beyer’s article Ante-Mortem Probate: A Viable Alternative is cited in the following article: Katheleen Guzman, Wills Speak, 85 Brook. L. Rev. 647 (2020).

Quotes

1. Prof. Camp is quoted in the following article: Dylan Moroses, Justices Told Microcaptive Insurer Can’t Challenge IRS Rule, 2020 Law360 225-25.

2. Prof. Loewy’s article Rethinking Government Neutrality Towards Religion Under The Establishment Clause: The Untapped Potential Of Justice O’Connor’s Insight is quoted in the following article: M. Allison Hyde, American Legion V. American Humanist Ass’n: Exempting Longstanding Governmental Religious Displays From Establishment Clause Scrutiny And How The Endorsement Test Could Have Prevented It, 79 Md. L. Rev. 836 (2020).

News

1. Prof. Beyer was recently notified that he was appointed as the Probate and Property Magazine Keeping Current Probate Editor by the Chair-Elect of the American Bar Association Section of Real Property, Trust and Estate Law, Stephanie Loomis-Price.

2. Throughout July and August, Prof. Beyer gave the following virtual presentations for the Texas Association of Counties: Probate Overview – Part 1, Probate Overview – Part 2, What Every Judge and Clerk Needs to Know about Texas Intestate Succession, Texas Wills Law – Part 1, Texas Wills Law – Part 2, Appellate Case Law Update, Heirship Proceedings.

3. On August 21, 2020, Prof. Gerry W. Beyer was a virtual speaker at the 2020 Annual Meeting of the Texas College of Probate Judges. His presentation and accompanying paper were titled Recent Cases: Intestacy, Wills, and Trusts.

Faces of the Library: Faith Garrett

Meet Faith Garrett. She is the newest member of the Law Library staff. You will find Faith helping at the Circulation desk or helping to answer reference questions. Read her profile here:

What are some of the tasks you do for the TTU Law

Library?

Circulation, Checking in & withdrawing books, and Reference Assistance

What is your favorite things about working at the TTU Law Library?

Working with all the people, the environment, and learning how libraries work!

What is one thing about the law library that current and prospective students should know?

We want to interact with students and patrons as they come into the library, so feel free to talk with us!

What is your favorite restaurant in Lubbock?

Firehouse Subs and Raising Cain’s

What hobbies or activities do you like to do outside the law library?

Reading, painting, and decorating

August 2020 New Resources

2020 Aug new books

In August 2020, the Law Library added the following new resources to the collection to support the research and curricular needs of our faculty and students.

New Resources

COVID-19 in American:  Response, Issues, and Law  – A new HeinOnline database that compiles federal government reports and publications on the various ways COVID-19 has impacted every aspect of life, this database is organized into the following areas of impact: Economics, Global, Health, and Society.

Executive Privilege – A new HeinOnline database that provides primary and secondary source material such as government documents from the executive, legislative, and judicial branches, as well as law review articles and books, this database explores executive privilege from the country’s founding to the present day.

 

New Books

CONTRACTS

  1. Edward Yorio and Steve Thel, Contract Enforcement: Specific Performance and Injunctions (2011).

CRIMINAL LAW AND PROCEDURE

  1. Ken Wallentine, Street Legal: A Guide to Pre-Trial Criminal Procedure for Police, Prosecutors, and Defenders (2020).

ESTATES AND TRUSTS

  1. Louis A. Mezzullo, An Estate Planner’s Guide to Family Business Entities: Family Limited Partnerships, Limited Liability Companies, and More (2020).

HOUSING LAW

  1. Rebecca A. Taylor, Foreclosure Defense: A Practical Litigation Guide (2020).

JUDGES

  1. Richard E. Flamm, Recusal and Disqualification of Judges: For Cause Motions, Peremptory Challenges and Appeals (2018).

LAND USE

  1. Robin Paul Malloy, Disability Law for Property, Land Use, and Zoning Lawyers (2020).

LEGAL HISTORY

  1. Douglas W. Lind and Stacia Stein, The Leaven of Sympathy: A Bio-Bibliography of Frederick C. Hicks (2020).

LEGAL RESEARCH AND LIBRARIES

  1. Stacy Ann Wittmann and Julianne T. Stam, Redesign Your Library Website (2016).
  2. Judy K. Davis and Carole A. Levitt, Internet Legal Research on a Budget: Free and Low-Cost Resources for Lawyers (2020).

PRACTICE AND PROCEDURE

  1. Rena Cook and Laurie Koller, Her Voice in Law: Vocal Power and Situational Command for the Female Attorney (2020).
  2. Barry Zalma, Getting the Whole Truth: Interviewing Techniques for the Lawyer (2020).
  3. John Taladay and Erik Koons, ed. co-chairs, Obtaining Discovery Abroad (2020).

TORTS

  1. Elizabeth Chamblee Burch, Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation (2019).

TRADE SECRETS

  1. Joanna H. Kim-Brunetti, et. al., Guide to Protecting and Litigating Trade Secrets (2020).

All resources are available from the Law Library.  If you would like to check out any of these titles, please contact the circulation desk at either 806-742-3957 or circulation.law@ttu.edu.

All electronic databases are available through the Library’s webpage, http://www.depts.ttu.edu/law/lawlibrary/index.php.

Library staff will be able to assist in locating and checking out any of these items or helping you contact the Librarian on call for questions about electronic resources.

July 2020 Law Faculty Publications & News

Throughout the month of July, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for July 1st to July 30th, 2020.

Articles, Essays, and Reviews

1. Catherine M. Christopher, Normalizing Struggle, 73 Ark. L. Rev. 27 (2020).

2. Victoria Sutton, Native Americans and Discriminatory Administration with Facially Neutral Rules, Yale Journal on Regulation (2020).

3. Victoria Sutton, Native American Exclusion as a Form of Paper Genocide, Law School Survey of Student Engagement (2020).

4. Jamie Baker, Michelle Hudson, & Jessica Panella, Developing AllStAR with Community Participation, AALL Spectrum (2020).

5. Richard Murphy, Federal Practice and Procedure,FPP (July 2020 Update).

6. Victoria Sutton, Asynchronous, E-Learning in Legal Education: A Comparative Study with the Traditional Classroom, Syracuse Law Review (2020).

7. Nancy Soonpaa, Six Fresh Ideas For A Class Day That Is Looking Stale, Second Draft (2020).

Op-Eds

1. Arnold Loewy & Charles Moster, It’s debatable: Penalize Parents Who Ignore Public Health Mandates and Put Children at Risk? Lubbock-Avalanche J. (Jul 12, 2020 at 12:01 am); available at https://www.lubbockonline.com/opinion/20200712/itrsquos-debatable-penalize-parents-who-ignore-public-health-mandates-and-put-children-at-risk.

Citations

1. Prof. Chiapinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro, is cited in the following article: Charles W. Rhodes, Cassandra Burke Robertson, A New State Registration Act: Legislating a Longer Arm for Personal Jurisdiction, 57 Harv. J. on Legis. 377 (2020).

2. Prof. James’ article No Help for the Helpless: How the Law Has Failed To Serve and Protect Persons Suffering from Alzheimer’s Disease is cited in the following article: Susan Greene, Through The Guardianship Looking Glass: A Personal Perspective on Conflicting Commitments, 28 Elder L.J. 1 (2020).

3. Prof. James’ article No Help for the Helpless: How the Law Has Failed To Serve and Protect Persons Suffering from Alzheimer’s Disease is cited in the following article: Nicole DiOrio, The State of Confusion: Resolving First- And Third-Person Liability Caused By Dementia Patients, 28 Elder L.J. 109 (2020).

4. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look”, is cited in the following article: John M. Golden, Judicial Policing of Patent Damages Experts, 98 Tex. L. Rev. 1307 (2020).

5. Prof. Benham’s article Tangled Incentives: Proportionality and the Market for Reputation Harm is cited in the following article: Jeffrey Steven Gordon, Silence for Sale, 71 Ala. L. Rev. 1109 (2020).

6. Prof. Brie Sherwin’s article Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, and State Exceptionalism Failed Flint, Michigan, is cited in the following article: TaQuira Thompson, Restoring Control: Get Those Lead Pipes Outta Here, 8 LSU J. Energy L. & Resources 703 (2020).

7. Prof. Murphy’s book Administrative Law and Practice is cited in the following article: John Patrick Hunt, Consent to Student Loan Bankruptcy Discharge, 95 Ind. L.J. 1137 (2020).

8. Prof. James’ article The African American Church, Political Activity, and Tax Exemption, is cited in the following article: Jonathan C. Augustine, A Theology of Welcome: Faith Based Considerations of Immigrants as Strangers in a Foreign Land, 19 Conn. Pub. Int. L.J. 245 (2020).

9. Prof. Spain’s article Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can Be Ethically Incorporated into the Practice of Law is cited in § 5:2(c)(4)of the July update to the Iowa Practice Series, 16 IAPRAC § 5:2(c)(4) (July 2020 Update).

10. Prof. Chiapinelli’s article How Delaware’s Corporate Law Monopoly was Nearly Destroyed, is cited in the following article: Victoria Barnes, What Were Shareholder Rights in the Wake of the American Revolution?, 19 Fla. St. U. Bus. Rev. 131 (2020).

11. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse, is cited in the following article: Zachary Blair, Gubernatorial Impoundment: An Implied Solution for a Budgeting Challenge, 53 Colum. J.L. & Soc. Probs. 579 (2020).

12. Prof. Chiapinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro, is cited in the following article: Aaron D. Simowitz, Jurisdiction as Dialogue, 52 N.Y.U. J. Int’l L. & Pol. 485 (2020).

13. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse, is cited in the following article: Daisy Contreras, The End of “Sanctuary Cities” or The End of Separation of Powers?: An Analysis of the Executive Branch’s Misuse of the Spending Power to Crack Down on Sanctuary Cities, 52 Tex. Tech L. Rev. 847 (2020).

14. Prof. Huffman’s essay A Short Comparison of Military Leadership with Law School Leadership—More Similarities than Differences? is cited in the following speech: Lieutenant General Charles N. Pede, Remarks on Being a Good Lawyer, 52 Tex. Tech L. Rev. 837 (2020).

15. Prof. Casto’s book The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth is cited in the following article: Brian K. Leonard, Where Do We Go From Here: Obsolescence or Resurgence: An Analysis of the Continued Viability of the U.S. Supreme Court in Contemporary America, 12 Elon L. Rev. 362 (2020).

16. Prof. Brie Sherwin’s The Upside Down: A New Reality for Science at the EPA and its Impact on Environmental Justice is cited in the July 2020 update to Rodgers Environmental Law Second Edition Chapter 34, The Honest and Open New EPA Science Treatment Act of 2017 and the Attacks on Science: The Designed Destruction of the U.S. EPA, ENVIRLAW § 34:8 (2020).

17. Prof. Brie Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid: A Story of Unfettered Secrecy, Toxicology, and The Resulting Public Health Implications of Natural Gas Development is cited in §31:6 of William H. Rogers Jr.’s Environmental Law, Second Edition (2020 Update).

18. Prof. Watts’ article A Confused Sea: Vicarious Liability for Punitive Damages under Maritime Law is cited in §5:10 of Thomas Schoenbaum’s Admiralty and Maritime Law (2020 Update).

News

1. Prof. Gerry W. Beyer’s posting on his Wills, Trusts, & Estates Prof Blog entitled Netflix sued over ‘Enola Holmes’ movie for copyright infringement by Sir Arthur Conan Doyle estate was named to the Top 10 on Texas Bar Today for the week of July 6, 2020. Prof. Beyer gives recognition to his assistant, Trevor Shoels, for his assistance in drafting this posting.

2. The United States Bankruptcy Court for the Southern District of Texas in In re Whitcomb, No. 17-31692, 2020 WL 3272731 (June 17, 2020), relied on Prof. Beyer’s research to explain how Texas law is designed to protect homesteads, citing 39 Aloysius A. Leopold & Gerry W. Beyer, Marital Property and Homesteads § 27.11 (2019).

LexisNexis New Legal Research Database: Lexis +

LexisNexis upgraded the existing Lexis Advance to Lexis+ last month, offering users many new enhancements powered by artificial intelligence.

Lexis+ offers a more modern visual design compared to the Lexis Advance, finally saying farewell to the classic black and white plain design that has been used for a long time and should be more appealing to users. If a faculty prefer to have the classic user interface, she can tap the “switch product” icon at the left top corner and select Lexis Advance.

This image has an empty alt attribute; its file name is Search%20Tree%20InitialRelease.png
Search Tree on Lexis+

Search tree, a new feature of lexis+, enables the visualization of terms & connectors, or Boolean search, and shows how these elements affect the final results. The Search Tree is not available while running a natural language, or plain language search.

Thanks to the artificial intelligence, users can enter their question in Lexis+ in natural language and will see several suggested answers, which contains text from the case in question and other key details about the cases in the answer.

Beyond these two new functionalities of legal research, Lexis+ also offers new practice assistance features, including Brief Analysis and Shepard’s At Risk. For more information, please check Lexis+ Help .