December 2016 Law Faculty Publications & News

Throughout December 2016, the Law Library’s Faculty Services & Scholarly Communications Department received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for December 1, 2016 to December 31, 2016.


  1. Gerry W. Beyer, Wills & Trusts, 2 SMU Ann. Tex. Sur. 517 (2016).
  2. Alyson M. Drake, The Need for Experiential Legal Research Education, 108 Law Libr. J. 511 (2016).
  3. Richard W. Murphy & Sidney A. Shapiro, Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look,” 92 Notre Dame L. Rev. 331 (2016).
  4. Kyle C. Velte, All Fall Down: A Comprehensive Approach to Defeating the Religious Right’s Challenges to Antidiscrimination Statutes, 49 Conn. L. Rev. 1 (2016).
  5. Robert A. Weninger, The VW Diesel Emissions Scandal and the Spanish Class Action, 23 J. Eur. L. 91 (2016).


  1. Professor Spain’s Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can Be Ethically Incorporated into the Practice of Law, was cited in the following December 2016 updated treatise: 1 Handling Child Custody, Abuse and Adoption Cases § 6:16, § 4:29
  1. Professor Spain’s Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can Be Ethically Incorporated into the Practice of Law, was cited in the following Iowa practice series: 16 Ia. Prac., Lawyer and Judicial Ethics § 5:2(c)(4)
  1. Professor Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro, was cited in the following December 2016 updated treatise: 11 Bus. & Com. Litig. Fed. Cts. § 116:21 (4th ed.)
  1. Professor Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro was cited in the following article: John F. Preis, The Dormant Commerce Clause As a Limit on Personal Jurisdiction, 102 Iowa L. Rev. 121 (2016)
  1. Professor Shannon’s article co-authored with Teel Bivins, John T. Montford, Todd A. Hunter, Rob Junell, Robert L. Duncan, The 1995 Revisions to the DTPA: Altering the Landscape, was cited by the following updated treatise: 2 McDonald & Carlson, Civ. Prac. § 6:19 (2d. ed.)
  1. Professor Loewy’s article A Proposal for the Universal Collection of DNA was cited in: Christopher Slobogin, Policing as Administration, 165 Pa. L. Rev. 91 (2016)
  1. Professor R. Sherwin’s article, Clones, Thugs, “N (Eventual?) Harmony: Using the Federal Rules of Civil Procedure to Simulate A Statutory Defamation Defense and Make the World Safe from Copyright Bullies, was cited in: Briana Lynn Rosenbaum, The Rico Trend in Class Action Warfare, 102 Iowa L. Rev. 165 (2016)
  1. Professor Loewy’s article, Taking Bakke Seriously: Distinguishing Diversity from Affirmative Action in the Law School Admissions Process, was cited in: 2 Successful Partnering Between Inside and Outside Counsel § 39:7, § 39:83
  1. Dean Dickerson’s article Bailor Beware: Limitations and Exclusions of Liability in Commercial Bailments was cited in the following December updated treatise: 21 Prac. Contract Law and Practice § 1:5
  1. Dean Dickerson’s article Deposition Dilemmas: Vexatious Scheduling and Errata Sheets, was cited in: 14 Wash. Prac. Civil Procedure § 21:38 (2d ed.)
  1. Professor Weninger’s article Amended Federal Rule of Evidence 408: Trapping the Unwary, was cited in: 5A Wash. Prac., Evidence Law and Practice § 408.12 (6th ed.)
  1. Dean Dickerson’s article Cyberbullies on Campus, was cited in Nisha Chandran, Crossing the Line: When Cyberbullying Prevention Operates As A Prior Restraint on Student Speech, Ill. J.L. Tech. & Pol’y 277 (2016)
  1. Professor Murphy’s and Sidney Shapiro’s article, Politicized Judicial Review in Administrative Law: Three Improbable Responses, was cited in the following article: William Ortman, Rulemaking’s Missing Tier, 68 L. Rev. 225 (2016)
  1. Professor Loewy’s article, Morals Legislation and the Establishment Clause, was cited in: David R. Williams, Jr., In Defense of the Secular Purpose Status Quo, 102 L. Rev. 2075 (2016)
  1. Professor Loewy’s article, The Fourth Amendment As A Device for Protecting the Innocent, was cited in: Nicole B. Cásarez, The Synergy of Privacy and Speech, 18 Pa. J. Const. L. 813 (2016)
  1. Professor Casto’s article, Advising Presidents: Robert Jackson and the Destroyers for Bases Deal, was cited in: Daniel Bodansky & Peter Spiro, Executive Agreements+, 49 J. Transnat’l L. 885 (2016)
  1. Professor Murphy’s & Sidney A. Shapiro, Eight Things Americans Can’t Figure out About Controlling Administrative Power, was cited in: Emily S. Bremer, American and European Perspectives on Private Standards in Public Law, 91 L. Rev. 325 (2016)
  1. Professor Murphy’s & Afsheen J. Radsan article, The Evolution of Law and Policy for CIA Targeted Killing, was cited in: Jasmine Khoshnou, Game of Drones: The Use of Armed Drones from a Game Theory Perspective, Interdisc. L. Rev. 191 (2016)
  1. Professor Beyer’s article The Will Execution Ceremony–History, Significance, and Strategies, was cited in: Alexander A. Boni-Saenz, Sexual Advance Directives, 68 L. Rev. 1 (2016)
  1. Professor Casto’s book, The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth, was cited in: Joel Fishman, Third Circuit Court Reports (1789-1879), 108 Law Libr. J. 623 (2016)
  1. Professor Beyer’s West legal forms were adapted to Indiana Practice Series forms, 5 Ind. Prac., Essential Forms § 9:1.1.50,§ 9:1.1.70, § 9:4.1.2, §9:6.1.50 (2016)


  1. Professor Beyer’s article Pay to the Order of Whom?-the Case of the Ambiguous Multiple Payee Designation, was quoted in: 2A Ill. Prac., UCC with Illinois Code Comments § 5/3-110
  1. Professor Black’s book Family Law in Utah, 2d Ed. was quoted in: 2 Utah Prac., Utah Family Law § 30-1-4.5, 3-5 (2016 ed.)
  1. Professor Camp’s article, The Failure of Adversarial Process in the Administrative State, was quoted in: Jessica K. Steinberg, Adversary Breakdown and Judicial Role Confusion in “Small Case” Civil Justice, 2016 Y.U.L. Rev. 899 (2016)
  1. Professor Loewy’s article, The Fourth Amendment as a Device for Protecting the Innocent, was quoted in: Richard M. Re, Imagining Perfect Surveillance, 64 UCLA L. Rev. Discourse 264 (2016)
  1. Professor Loewy’s article, The Supreme Court, Confessions, and Judicial Schizophrenia, was quoted in: 35 No. 18 Whited, Drinking/Driving Law Letter NL 1


  1. On November 29 2016, Prof. Gerry W. Beyer spoke to the Fredericksburg chapter of the Osher Lifelong Learning Institute. His well-attended presentation was entitled Planning Your Estate – “I Didn’t Know That!” His presentation was also simulcast to Marble Falls, Texas.
  1. Professor Rosen was quoted in a Stars and Stripes news article from December 13, 2016 titled “A Pardon for Bowe Bergdahl? Unlikely, experts say” which can be found here.

Author: Jamie Baker

Jamie Baker is the Associate Dean & Director of the Law Library at Texas Tech University School of Law. She teaches Intro to the Study of Law, Civil Trial Research, & Academic Legal Writing, as well as sessions in the Legal Practice program and Excellence in Legal Research program. She blogs at

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