April 2017 Law Faculty Publications & News

Throughout April 2017, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for April 1, 2017 to April 30, 2017.

Published:
1. Arnold H. Loewy, Punishing Violence Against Women: Seeking the Right Balance, 49 TEX. TECH L. REV. 211 (2016).

2. DeLeith Duke Gossett, ‘[Take from Us Our] Wretched Refuse’: The Deportation of America’s Adoptees disclosure, 85 U. CIN. L. REV. 33 (2017).

3. Sally McDonald Henry, The $1.5 Billion General Motors Recalls at the Dangerous Intersection of Chapter 11, Article 9, and TARP., 85 U. CIN. L. REV. 131 (2017).

Cited:
1. Prof. Humphrey’s article ‘‘Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard was cited in the following article: Jonathan Witmer-Rich, Unpacking Affirmative Consent: Not As Great As You Hope, Not As Bad As You Fear, 49 TEX. TECH L. REV. 57 (2016).

2. Prof. Murphy’s Administrative Law And Practice treatise was cited in the following article: Kent Barnett, How the Supreme Court Derailed Formal Rulemaking, 85 GEO. WASH. L. REV. ARGUENDO 1 (2017).

3. Prof. Murphy’s article Due Process and Targeted Killing of Terrorists was cited in the following article: Barry Kellman, Targeted Killings – Never Not an Act of International Criminal Law Enforcement, 40 B.C. INT’L & COMP. L. REV. 27 (2017).

4. Prof. Murphy’s article Judicial Deference, Agency Commitment and Force of Law was cited in the following comment: Richard W. Murphy, Judicial Deference, Agency Commitment, and Force of Law, 66 OHIO ST. L.J. 1013 (2005).

5. Prof. James’s article The African-American Church, Political Activity, and Tax Exemption was cited if the update of W. COLE DURHAM AND ROBERT SMITH, 4 RELIGIOUS ORGANIZATIONS AND THE LAW § 32:14.

6. Prof. James’s article Reaping Where They Have Not Sowed: Have American Churches Failed to Satisfy the Requirements for the Religious Tax Exemption? was cited in the following article: Cody S. Barnett, Bringing in the Sheaves: Combating Televangelists’ Abuse of the Internal Revenue Code, 105 KY. L.J. 365 (2017).

7. Prof. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion was cited in the following article: Ryan C Williams, Questioning Marks: Plurality Decisions and Precedential Constraint, 69 STAN. L. REV. 795 (2017).

8. Prof. Casto’s article “Dear Sister Antillico . . .”: The Story of Kirksey v. Kirksey was cited in the following article: William A. Drennan, Charitable Naming Rights Transactions: Gifts or Contracts?, 2016 MICH. ST. L. REV. 1267 (2016).

9. Prof. Beyer’s presentation “Cyber Estate Planning and Administration,” was cited in the following issue: Marvin E. Blum, Filling in the Gaps, 2017 WLNR 10054929 (2017).

10. Prof. Beyer’s article Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? was cited in the following article: David Horton, Tomorrow’s Inheritance: The Frontiers of Estate Planning Formalism, 58 B.C. INT’L & COMP. L. REV. 539 (2017).

11. Prof. Beyer’s article Avoiding the Estate Planning “Blue Screen of Death”–Common Non-Tax Errors and How to Prevent Them was cited in the following article: Deborah S. Gordon, Mor(t)ality and Identity: Wills, Narratives, and Cherished Possessions, 28 YALE J.L. & HUMAN. 265 (2016).

12. Prof. Beyer’s and Prof. Shannon’s book SKILLS & VALUES: PROPERTY LAW was cited in the following article: Frances Tubb, Full Speed Ahead: The Texas Central High-Speed Rail and the Sacrifice Required from Residents of Rural Texas, 49 TEX. TECH L. REV. 547 (2017).

13. Prof. Camp’s article Dual Construction of RICO: The Road Not Taken in Reves was cited in the following article: Doug Rendleman, Commercial Bribery: Choice and Measurement Within A Remedies Smorgasbord, 74 WASH. & LEE L. REV. 369 (2017).

14. Prof. Loewy’s article The Two Faces of Insanity was cited in the following article: Michael L. Perlin, Esq., “God Said to Abraham/kill Me A Son”: Why the Insanity Defense and the Incompetency Status Are Compatible with and Required by the Convention on the Rights of Persons with Disabilities and Basic Principles of Therapeutic, 54 AM. CRIM. L. REV. 477 (2017).

15. Prof. Loewy’s article Taking Bakke Seriously: Distinguishing Diversity from Affirmative Action in the Law School Admissions Process was cited in the following treatise: MARION A. COWELL, JR., W. RANDY EADDY, SUCCESSFUL PARTNERING BETWEEN INSIDE AND OUTSIDE COUNSEL §§ 39:7, 39:83 (May 2017).

16. Prof. Baker’s blog Ginger (Law) Librarian was cited in the following article: Anonymous, Search Engine and AI Update, 22 No. 4 Internet L. Researcher NL 5 (2017).

17. Prof. Black’s article Psst! Wanna Buy a Bridge? IP Transfers of Non-Existent Property was cited in the following article: Julie Manning Magid, Monetize vs. Incentivize: Contracting for Health Care Innovation, 19 U. PA. J. BUS. L. 369 (2017).

18. Prof. Shannon’s, as 1AFAR Representative on the NCAA Division I Council, email to Jo Potuto, Professor of Law, University of Nebraska College of Law, was cited in the following article: Josephine (Jo) R. Potuto, Two, Four, Six, Eight; What Can We Now Regulate? The Regulatory Mentality and NCAA Satellite Camps (et al), 35 QUINNIPIAC L. REV. 287 (2017).

19. Prof. Metze’s article Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial was cited in the following article: Sharon Finegan, The Replacements: Conflicting Standards for Obtaining New Counsel Under the Sixth Amendment, 65 CLEV. ST. L. REV. 129 (2017).

20. Prof. Velte’s article Obergefell’s Expressive Promise was cited in the following article: Deepa Das Acevedo, Sovereignty and Social Change in the Wake of India’s Recent Sodomy Cases, 40 B.C. INT’L & COMP. L. REV. 1 (2017).

21. Prof. Velte’s article Obergefell’s Expressive Promise was cited in the following article: Frederick Schauer, The Supreme Court As Public Educator?, 88 U. COLO. L. REV. 333 (2017).

22. Prof. Weninger’s article The Abolition of Plea Bargaining: A Case Study of El Paso County, Texas was cited in the following article: Ronald F. Wright, Kay L. Levine, Place Matters in Prosecution Research, 14 OHIO ST. J. CRIM. L. 675 (2017).

23. Prof. Weninger’s article The Abolition of Plea Bargaining: A Case Study of El Paso County, Texas was cited in the following article: Jonathan Abel, Cops and Pleas: Police Officers’ Influence on Plea Bargaining, 126 YALE L.J. 1730 (2017).

24. Prof. Chiappinelli’s article Red October: Its Origins, Consequences, and the Need to Revive the National Market System was cited in the following article: Investment Strategies: Derivatives and Program Trading, 1 LAW SEC. REG. § 1:76.

25. Prof. Gonzalez’s article State Antidiscrimination Statutes and Implied Preemption of Common Law Torts: Valuing the Common Law was cited in the following article: Sarah Golabek-Goldman, Ban the Address: Combating Employment Discrimination Against the Homeless, 126 YALE L.J. 1788 (2017).

26. Prof. Velte’s article All Fall Down: A Comprehensive Approach to Defeating the Religious Right’s Challenges to Antidiscrimination Statutes was mentioned in the following post Howard Friedman, Recent Articles of Interest, 2017 WLNR 11005240 in Religion Clause.

Quoted:

1.  Prof. Rosen’s article ‘Goldstone reconsidered’ was quoted in the following article: Ryder McKeown, International law and its discontents: Exploring the dark sides of international law in International Relations, Review of International Studies (2017).

2. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of A Presidential Power of the Purse was quoted in the following article: Michael Farris, Poverty, Inequality, and the Law: The Thirty-Fifth Annual Federalist Society National Symposium on Law and Public Policy – 2016: Defying Conventional Wisdom: The Constitution Was Not the Product of a Runaway Convention, 40 HARV. J.L. & PUB. POL’Y 61 (2017).

3. Prof. Loewy’s article Police-Obtained Evidence and the Constitution: Distinguishing Unconstitutionally Obtained Evidence from Unconstitutionally Used Evidence was quoted in the following article: Michael J. Zydney Mannheimer, The Two Mirandas, 43 N. KY. L. REV. 317 (2016).

4. Prof. Murphy’s update in the Administrative Law and Practice treatise was quoted in the following publication: BALCA Decisions, 94, Interpreter Releases, Art. 11 (2017).

News:
1. On April 8, the Lubbock Avalanche-Journal published an article Texas Tech Law professor says Gorsuch a ‘pleasant surprise’ as nominee, Democrats ‘unwise’ to oppose where Prof. Loewy commented a confirmation of Justice Gorsuch. The article can be found here.

2. The Texas Tech School of Law’s Center for Water Law and Policy hosted its annual film screening and panel discussion featuring “A River Between Us” about the largest river restoration project in American history. The panel included David Sandino, senior staff counsel to the California Department of Water Resources, and M. Alexander Pearl, associate professor of law at the Texas Tech School of Law and associate director for the Center for Water Law and Policy.

3. On April 25, Prof. Beyer traveled to Dallas where he spoke at a meeting of the Probate, Trusts and Estates Section of the Dallas Bar Association. His topic and accompanying article were entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.

4. On April 26, Prof. Beyer gave a presentation entitled The Basics of a Will for the 88th Annual West Texas County Judges and Commissioners Association Conference in Lubbock sponsored by the Texas Association of Counties.

5. On April 28, Prof. Beyer was a speaker at the Kansas City Estate Planning Symposium sponsored by the University of Missouri. To an audience exceeding 500 estate planning professionals, Prof. Beyer presented on two topics: (1) What Estate Planners in Common Law Marital Property States Need to Know About Community Property and (2) Anticipating Will Contests and How to Avoid Them.

6. The Women’s Energy Network of the Permian Basin held their first luncheon of the year at Petroleum Club in February where Prof. Keffer was the guest speaker with his presentation “Finding More, Knowing Less: The Oil and Gas Industry.” The article can be found here.

7. The International Institute of Space Law recognized Prof. Sutton’s professional involvement in space law and voted her into full membership at their most recent board meeting.

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 www.gingerlawlibrarian.com.

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