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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.

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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

 

November 2021 Law Faculty Publications & News

Throughout the month of November, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for November 1st to November 30th, 2021.

Articles, Essays, and Reviews

1. William R. Casto, Serving a Lawless President, Mercer Law Review, Vol. 72: No 3, Article 7.

2. Gerry W. Beyer, Marital Property and Homesteads, §§ 38 & 39 Tex. Prac. (2021-2022 Supp.).

3. Gerry W. Beyer & James M. Kosakow, Irrevocable Trusts (4th ed. 2021-2022).

4. Gerry W. Beyer, Wills & Trusts, 7 SMU Ann. Tex. Surv. 337 (2021).

5. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 59-4 Real Est., Prob., & Tr. L. Rep., at 5 (2021).

6. Gerry W. Beyer, Potpourri, 59-4 Real Est., Prob., & Tr. L. Rep., at 4 (2021).

7. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., Nov./Dec. 2021, at 28.

Citations

1. Prof. Baker’s article A Legal Research Odyssey: Artificial Intelligence as Disruptor is cited in the following article: Jennifer S. Bard, Developing Legal Framework for Regulating Emotion A.I., 27 B.U. J. Sci. & Tech. L. 271 (2021).

2. Prof. Christopher’s article Putting Legal Writing on the Tenure Track: One School’s Experience is cited in the following article: Christopher J. Ryan & Meghan Dawe, Mind the Gap: Gender Pay Disparities in the Legal Academy, 34 Geo. J. Legal Ethics 567 (2021).

3. Prof. Gossett’s article The Client: How States Are Profiting from the Child’s Right to Protection is cited in the following article: Lisa Kelly, Abolition or Reform: Confronting the Symbiotic Relationship Between “Child Welfare” and the Carceral State, 17 Stan. J. Civ. Rts. & Civ. Liberties 255 (2021).

4. Prof. Murphy’s article Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons is cited in the following article: James M. Puckett, Reasonable Tax Rules: Advancing Process Values with Remedial Restraint, 24 Fla. Tax Rev. 277 (2021).

5. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: James M. Puckett, Reasonable Tax Rules: Advancing Process Values with Remedial Restraint, 24 Fla. Tax Rev. 277 (2021).

6. Prof. Camp’s article Theory and Practice in Tax Administration is cited in the following article: Michael Hatfield, The Rise of Law and the Fall of Circular 230: Tax Lawyer Professional Standards, 1985-2015, 24 Fla. Tax Rev. 828 (2021).

7. Prof. Rosen’s article Katcoff v. Marsh at Twenty-Two: The Military Chaplaincy and the Separation of Church and State is cited in §§ 36.10, 36.3, 36.24, 36.23, & 36.14 of the following treatise: William W. Bassett, W. Cole Durham, Mark A Goldfeder, & Robert T. Smith, Religious Organizations and the Law (November 2021 Update).

8. Prof. James’ article The African-American Church, Political Activity, and Tax Exemption is cited in § 36.14 of the following treatise: William W. Bassett, W. Cole Durham, Mark A Goldfeder, & Robert T. Smith, Religious Organizations and the Law (November 2021 Update).

9. 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: Stellina Jolly & Siddharth Singh, Critiquing Sustainable Development and Analyzing Avenues for Just Sustainability in India, 51 Tex. Envtl. L.J. 187 (2021).

10. Prof. Murphy’s book Administrative Law and Practice 3d. is cited in the following article: Amanda Bolles Watson, “The Report of my Death Was an Exaggeration” – The Legal Treatise, 50 J.L. & Educ. 256 (2021).

11. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Justin W. Aimonetti, Voigt Deference: Deferring to a State Agency’s Interpretation of a Federal Regulation, 106 Minn. L. Rev. Headnotes 100 (2021).

12. Prof. Christopher’s article Will I Pass the Bar Exam? Predicting Student Success Using LSAT Scores and Law School Performance is cited in the following article: Kevin Woodson, Entrenched Racial Hierarchy: Educational Inequality from the Cradle to the LSAT, 47 Mitchell Hamline L. Rev. 224 (2021).

13. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited in §§ 9, 11 of the following restatement: Restatement (Third) of Torts (October 2021 Update).

14. Prof. Brie Sherwin’s article The Upside Down: A New Reality for Science at the EPA and its Impact on Environmental Justice is cited in § 34.8 of the following book: Rogers Environmental Law 2d. (November 2021 Update).

15. Prof Brie Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid is cited in § 31.6 of the following book: Rogers Environmental Law 2d. (November 2021 Update).

16. Prof. Beyer’s treatise Texas Practice Series: Marital Property and Homesteads was cited by the Fort Worth Court of Appeals in its opinion in Touponse v. Touponse, No. 02-20-00285-CV, 2021 WL 2753504 (July 1, 2021).

17. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Kristin E. Hickman, Nondelegation as Constitutional Symbolism, 89 Geo. Wash. L. Rev. 1079 (2021).

18. Prof. Murphy’s article The Brand X Constitution is cited in the following article: Mark H. Gallant, Esq., Medicaid Expansion Developments in the Wake of the NFIB Decision, 20130320 AHLA Seminar Papers 48 (2021).

19. Prof. Spain’s article The Elimination of Marital Fault in Awarding Spousal Support: The Minnesota Experience is cited in the following article: Mackenzie Burch, The Changing Landscape of Spousal Support, 34 J. Am. Acad. Matrim. Law. 271 (2021).

20. Prof. Murphy’s article Abandoning Standing: Trading a Rule of Access for a Rule of Deference is cited in the following article: Steven J. Mulroy, Baby & Bathwater: Standing in Election Cases After 2020, 126 Dick. L. Rev. 9 (2021).

21. Prof. Murphy’s article Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Omari Scott Simmons, The Federal Opinion: Delaware as a De Facto Agency, 96 Wash. L. Rev. 935 (2021).  

News

1. On October 29, 2021, Prof. Beyer was a virtual speaker at the Representing Estate and Trust Beneficiaries and Fiduciaries program sponsored by ALI-CLE. His presentation and accompanying paper were entitled Just Because You Are Still Alive Doesn’t Mean You Cannot Probate Your Will: Ante-Mortem Probate as the Ultimate Will Contest Prevention Technique.

2. On November 5, 2021, Prof. Beyer was a featured speaker at the 29th Annual Estate Planning Institute in Las Cruces, New Mexico sponsored by the Community Foundation of Southern New Mexico. Prof. Beyer’s presentation and accompanying article were entitled Don’t Get Lost in Cyberspace: How to Plan for and Administer Digital Assets. His talk included discussions of cryptocurrency and non-fungible tokens.

3. On November 19, 2021, Prof. Gerry W. Beyer was interviewed via Zoom by United Kingdom’s ITV News for a story about a German Countess, Karlotta Liebenstein, who allegedly created a trust when she died in 1991 for her dog, Gunther, and his descendants. Prof. Beyer explained that the story appears to be an elaborate publicity stunt. He concluded his appearance with the advice that regardless of the fictitious nature of the story, it is a reminder of the importance of a pet owner making arrangements to assure that pets are cared for after the owner’s death.

4. The Executive Director of the Uniform Law Commission appointed Prof. Gerry W. Beyer as the Reporter for the Drafting Committee on Electronic Estate Planning Documents. Prof. Beyer will be primarily responsible for researching and drafting the new act.

5. On November 30, 2021, the American College of Trust and Estate Council released Prof. Gerry W. Beyer’s podcast entitled An Update on NFTs – Non-fungible Tokens. The podcast is available here.

November 2021 New Books

In November 2021, the Law Library added the following new titles to the collection to support the research and curricular needs of our faculty and students.

BUSINESS ORGANIZATIONS

1. American Bar Association. Section of Antitrust Law, Monopolization and Dominance Handbook (2021).

CRIMINAL LAW AND PROCEDURE

2. Paul Marcus, David K. Duncan, Tommy Miller, and Joelle Anne Moreno, The Rights of the Accused Under the Sixth Amendment:  Trials, Presentation of Evidence, and Confrontation (2021).

DISPUTE RESOLUTION

3. Dwight Golann, Mediating Legal Disputes:  Effective Techniques to Resolve Cases (2021).

DOMESTIC RELATIONS

4. Ashish Joshi, ed., Litigating Parental Alienation:  Evaluating and Presenting an Effective Case in Court (2021).

IMMIGRATION LAW

5. Greg Berk, Immigration Checklists and Practice Pointers:  A Quick Reference Guide on Visas and I-9s (2020).

LEGAL ANALYSIS AND WRITING

6. Carol M. Bast, Introduction to Legal Research and Writing (2020).

LEGAL EDUCATION

7. Tessa L. Dysart and Tracy Norton, eds., Law Teaching Strategies for a New Era:  Beyond the Physical Classroom (2021).

MEDICAL JURISPRUDENCE

8. Davis M. Walsh and Samuel L. Tarry, eds., Infectious Disease Litigation:  Science, Law, and Procedure (2021).

9. James T. O’Reilly and Janet G. Abaray, Vaccine Risks, Benefits, and Compensation (2021).

PRACTICE AND PROCEDURE

10. Elizabeth Cabraser, Fabrice N. Vincent and eight others, eds., The Law of Class Action:  Fifty-State Survey, 2021 (2021).

11. Megan Zavieh, The Modern Lawyer:  Ethics and Technology in an Evolving World (2021).

12. Marc Lauritsen, The Lawyer’s Guide to Working Smarter with Knowledge Tools (2021).

All of these books 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.  Library staff will be able to assist in locating and checking out any of these items.

Build Your Research Skills with the Law Library’s Excellence in Legal Research Program

Did you know that roughly 35% of a new associate’s time is spent doing legal research?

To help further develop your skills, the Law Library has a popular Excellence in Legal Research Program that provides instruction in advanced research techniques.

By taking part in this program, you will become a more efficient and effective researcher who will impress your future employer.

Visit the guide to learn more about the Excellence in Legal Research program (ELR) https://libguides.law.ttu.edu/elr  

Spring 2022 classes will be asynchronous so you can easily fit them in your schedule.

Please email excellenceinlegalresearch.law@ttu.edu  for additional information or see the FAQs https://libguides.law.ttu.edu/elr/faqs

Rebranding Cheetah as VitalLaw

Effective Monday, November 1, 2021, Cheetah was rebranded as VitalLaw. With this rebranding, VitalLaw has a new domain: my.vitallaw.com.

What does it mean to us?

  • You can still use your Cheetah credentials to log in to VitalLaw.
  • All the materials of Cheetah are available on the new VitalLaw platform.
  • While the name and URL address for the site is changing, the navigation will still be familiar and all links, search history, and favorites will remain intact.
  • All previously saved and bookmarked links will work as expected and be routed appropriately to my.vitallaw.com. However, we recommend you to update all previously saved and bookmarked links that start with wkcheetah.com, because they will need to be replaced by 10/29/2022 as they will stop working at that time.

If you have any questions, please contact the Electronic & Digital Services Librarian, Dajiang Nie, at Dajiang.nie@ttu.edu.

October 2021 Law Faculty Publications & News

Throughout the month of October, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for October 1st to October 31st, 2021.

Articles, Essays, and Reviews

1. Gerry W. Beyer, Estate Planning Highlights of the 2021 Texas Legislature, Est. Plan Dev. for Tex. Prof., Sept. 2021, at 1.

2. Wendy Ross, Protecting the Child Bride: Following Texas’ Middleground Approach, 44 U. Ark. Little Rock L. Rev. 99 (2021).

Op-Eds

1. Prof. Rosen, It’s Debatable: Should Federal Government Have Oversight of Social Media Giants?, Lubbock Avalanche-Journal (Oct. 24, 2021; 8:47a) available at: https://www.lubbockonline.com/story/opinion/2021/10/24/its-debatable-should-government-oversee-social-media-giants/6121830001/

Quotes

1. Prof. Gerry W. Beyer is quoted in the following article: Stephanie H. Murray, My Dad Is Dead. His Landlord Just Evicted Him., The Atlantic (Sept. 29, 2021), available at: https://www.theatlantic.com/family/archive/2021/09/all-things-you-have-do-when-loved-one-dies/620240/v

2. Prof. Rosen is quoted in the following article: Bill McCarthy, Biden hasn’t ordered dishonorable discharges for vaccine refusers in military, as viral post claimed, Politifact (Ovt. 1, 2021), available at: https://www.politifact.com/factchecks/2021/oct/01/instagram-posts/biden-hasnt-ordered-dishonorable-discharges-vaccin/

Citations

1. Prof. Beyer’s articles Statutory Fill-In Will Forms- The First Decade: Theoretical Constructs and Empirical Findings and Statutory Will Methodologies- Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence? is cited in the following update: Restatement of the Law of Property: Wills and Other Donative Transfers, (October 2021 Update).

2. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited in the following update: Restatement of the Law of Torts: Liability for Physical Harm, (October 2021 Update).

3. Prof. Christopher’s article Normalizing Struggle is cited in the following article: Sarah J. Schendel, Listen! Amplifying the Experiences of Black Law School Graduates in 2020, 100 Neb. L. Rev. 73 (2021).

4. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Ronald A. Cass, The Umpire Strikes Back: Expanding Judicial Discretion for Review of Administrative Actions, 73 Admin. L. Rev. 553 (2021).

5. Prof. Murphy’s book Federal Practice and Procedure is cited in the following article: Zachary Sizemore, Trending Towards Leniency: What Millenium Laboratories & In Re Plavix Marketing Teach About the Future of the False Claims Act’s First-To-File Rule, 106 Cornell L. Rev. 1367 (2021).

6. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Todd Phillips, A Change of Policy: Promoting Agency Policymaking by Adjudication, 73 Admin. L. Rev. 495 (2021).

7. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Deborah Won, The Missing Algorithm: Safeguarding Brady Against the Rise of Trade Secrecy Policy, 120 Mich. L. Rev. 157 (2021).

8. Prof. Camp’s article The Unhappy Marriage of Law and Equality in Joint Return Liability is cited in the following article: Orli Oren-Kolbinger, The Error Cost of Marriage, 23 N.Y.U. J. Legis. & Pub. Pol’y 643 (2021).

9. Prof. Sutton’s article Biodiplomacy: A Better Approach to Dual Use Concerns is cited in the following article: Lena Raxter, A Dangerous Loophole: The Biological Weapons Convention’s New Interpretation that Better Addresses Potentially Deadly Biological Research, 49 Int’l J. Legal Info. 102 (2021).

10. Prof. Casto’s article Advising Presidents: Robert Jackson and the Destroyers-For-Bases Deal is cited in the following article: Hon. M. Margaret McKeown, Politics and Judicial Ethics: A Historical Perspective, 131 Yale L.J. F. 190 (2021).

News

1. Prof. Shannon was a speaker at the national NCAA Faculty Athletics Representatives conference on September 30, 2021. Shannon was part of a panel entitled, “Government Affairs and Legal  Potpourri – SCOTUS, NIL, and More,” that also included the General Counsel of the NCAA and the NCAA’s Director of Governmental Affairs.

2. Prof. Shannon was a panelist at the national NCAA Faculty Athletics Representative conference on October 1, 2021. The panel focused on recent state legislation and NCAA bylaw revisions relating to the ability of student-athletes to monetize their name, image, and likeness.

3. Prof. Gerry W. Beyer was the Opening Keynote Speaker for the 17th Annual Jerry A. Kasner Estate Planning Virtual Symposium on October 7, 2021. His presentation was entitled Professor Beyer’s Top Ten from Wills, Trusts, & Estates Prof Blog.

4. Prof. Gerry W. Beyer was an invited speaker at the October 9, 2021 virtual Fall Meeting of the American College of Trust and Estate Counsel’s Legal Education Committee to discuss non-fungible tokens. To an audience of law professors, both full-time and adjunct, and attorneys with an interest in law teaching, Prof. Beyer explained the basics of non-fungible tokens and conducted a demonstration during which he created a unique NFT.

5. Prof. Sutton and Prof. Rosen were interviewed for an article by George Watson in the TTU Communications Office, about vaccination law and how it applies to the military and civilians.

6. On October 21, 2021, Prof. Gerry W. Beyer was an in-person speaker in Dallas at the 32nd Annual Estate Planning & Probate Drafting Course for TexasBar CLE. His presentation and accompanying article were entitled Pet Trusts: Providing for Non-Human Family Members. This topic is of enhanced importance because of the increase in pet ownership during the COVID-19 pandemic.

7. On October 22, 2021, Prof. Gerry W. Beyer was a virtual speaker for the 47th Annual Notre Dame Tax & Estate Planning Institute. His presentation was entitled Community Property: Tips and Traps for Lawyers in Common Law States.

8. On October 25, 2021, Prof. Gerry W. Beyer was a speaker for the Twenty-Ninth Annual Institute on Estate Planning sponsored by the Amarillo Area Estate Planning Council. During this virtual program, Prof. Beyer presented two papers entitled Electronic Wills and Technology: The Changing Future of the Estate Practice and Fundamentals of Texas Multiple-Party Accounts.

9. On October 27, 2021, Prof. Gerry W. Beyer was virtual speaker for the Tax & Estate Planning Forum.  He presented his paper entitled Don’t Get Lost in Cyberspace: How to Plan for and Administer Digital Assets and co-presented his paper entitled Electronic Wills: The Changing Future of the Estate Practice with Robert Fleming, a top-ranked Elder Law attorney who practices in Tucson, Arizona.

10. Prof. Sutton’s book, Halloween Law, will be featured in the criminal law podcast, https://thisiscriminal.com/about/ , with an interview of Prof. Sutton about the scary crimes that make up the unique area of “Halloween Criminal Law.”