Faculty Publications Legal Writing

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.

Jamie Baker is the Interim Director of the Law Library at Texas Tech University School of Law. She also teaches Civil Trial Research & Academic Legal Writing, as well as sessions in the Legal Practice program and Excellence in Legal Research program. She blogs at www.gingerlawlibrarian.com.

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