Faculty Publications

May 2017 Law Faculty Publications & News

Throughout May 2017, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for May 1, 2017 to May 31, 2017.

Published:
1. John L. Watts, A Confused Sea: Vicarious Liability for Punitive Damages Under Maritime Law, 91 TUL. L. REV. 691 (2017).

2. Gerry W. Beyer, Recent Developments from the Texas Courts, EST. PLAN. DEV. FOR TEX. PROF., Apr. 2017, at 1.

3. Gerry W. Beyer, Keeping Current—Probate, 31-June PROB. & PROP. 29 (2017).

4. Gerry W. Beyer, America’s Next Top Probate Model, JOTWELL (May 5,2017) (reviewing Katherine M. Arango, Trials and Heirs: Antemortem Probate for the Changing American Family, 81 BROOK. L. REV. 779 (2016)), http://trustest.jotwell.com/americas-next-top-probate-model/.

5. Brie D. Sherwin, Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, and State Exceptionalism Failed Flint, Michigan, 88 U. COLO. L. REV. 653 (2017).

6. William R. Casto, The Abiding Importance of Procrastination: In Grading Law School Final Examinations, 20 GREEN BAG 2d 235 (2017).

7. Richard W. Murphy, Reviving and Refining a Pragmatic Approach to Finality, JOTWELL (April 17, 2017) (reviewing William Funk, Final Agency Action After Hawkes, 11 N.Y.U. J. L. & LIBERTY (forthcoming 2017), available at SSRN), http://adlaw.jotwell.com/reviving-and-refining-a-pragmatic approach-to-finality/.

Cited:
1. Prof. Beyer’s article Statutory Fill-in Will Forms–the First Decade: Theoretical Constructs and Empirical Findings was cited in the following article: Mark Glover, Freedom of Inheritance, 2017 UTAH L. REV. 283 (2017).

2. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds was cited in the following note: Zachary B. Johnson, I Got 988 Problems but Bitcoin Ain’t One: The Current Problems Presented by the Internal Revenue Service’s Guidance on Virtual Currency, 47 U. MEM. L. REV. 633 (2016).

3. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act was cited in the following article: Brian Boyd, State v. Saldierna, 61 N.Y.L. SCH. L. REV. 175 (2017).

4. Prof. Camp’s article Theory & Practice in Tax Administration was cited in the American Bar Association’s comments on recent practice changes at the Internal Revenue Service Appeals Division: William Caudill, ABA Members Comment on Recent Appeals Division Practice Changes (Section 1014 — Basis of property acquired from a decedent), 2017 TNT 89-10.

5. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State was cited in the following article: Michael Asimow & Yoav Dotan, Open and Closed Judicial Review of Agency Action: The Conflicting U.S. and Israeli Approaches, 64 AM. J. COMP. L. 521 (2016).

6. Prof. Casto’s book Foreign Affairs and the Constitution in the Age of Fighting Sail was cited in the following article: John L. Watts, A Confused Sea: Vicarious Liability for Punitive Damages Under Maritime Law, 91 TUL. L. REV. 691 (2017).

7. Prof. Casto’s article Attorney General Robert Jackson’s Brief Encounter with the Notion of Preclusive Presidential Power was cited in the following article: Zivotofsky II and National Security Decisionmaking at the Lowest Ebb, 66 DUKE L.J. 1599 (2017).

8. Prof. Casto’s article The ATS Cause of Action Is Sui Generis was cited in the following article: Anonymous, Clarifying Kiobel’s “Touch and Concern” Test, 130 HARV. L. REV. 1902 (2017).

9. Prof. Casto’s article Foreign Affairs and the Constitution in the Age of Fighting Sail was cited in the fighting article: Alex H. Loomis, The Power to Define Offenses Against the Law of Nations, 40 HARV. J.L. & PUB. POL’Y 417 (2017).

10. Prof. Humphrey’s article ‘‘Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard was cited in the following article: Professor Andrea A. Curcio, Institutional Failure, Campus Sexual Assault and Danger in the Dorms: Regulatory Limits and the Promise of Tort Law, 78 MONT. L. REV. 31 (2017).

11. Prof. Humphrey’s article ‘‘Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard was cited in the following article: Eleanor Murphy, No Means No: A Critical Examination of the Effectiveness of the “Yes Means Yes” Law, 39 T. JEFFERSON L. REV. 93 (2017).

12. 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:
Paul George, The Cost of Ab 193: Constitutional Guarantees Sacrificed for Ineffective Means, 17 NEV. L.J. 517 (2017).

13. Prof. Murphy’s article Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons was cited in the following article: Michael Asimow &Yoav Dotan, Open and Closed Judicial Review of Agency Action: The Conflicting U.S. and Israeli Approaches, 64 AM. J. COMP. L. 521 (2016).

14. Prof. Robert Sherwin’s article #HAVEWEREALLYTHOUGHTTHISTHROUGH?: Why Granting Trademark Protection to Hashtags Is Unnecessary, Duplicative, and Downright Dangerous was cited in the following article: Stacey B. Steinberg, #advocacy: Social Media Activism’s Power to Transform Law, 105 KY. L.J. 413 (2017).

15. Prof. Robert Sherwin’s article #HAVEWEREALLYTHOUGHTTHISTHROUGH?: Why Granting Trademark Protection to Hashtags Is Unnecessary, Duplicative, and Downright Dangerous was cited in the following article: Debbie Chu, #CautionBusinesses: Using Competitors’ Hashtags Could Possibly Lead to Trademark Infringement, 25 CATH. U. J. L. & TECH 387 (2017).

16. Prof. Weninger’s article The Abolition of Plea Bargaining: A Case Study of El Paso County, Texas was cited in the following article: Eric S. Fish, Prosecutorial Constitutionalism, 90 S. CAL. L. REV. 237 (2017).

17. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective was cited in the following article: Eric S. Fish, Prosecutorial Constitutionalism, 90 S. CAL. L. REV. 237 (2017).

18. Many of Prof. Beyer’s past articles and studies were cited in the following article: Jacob Arthur Bradley, Antemortem Probate Is A Bad Idea: Why Antemortem Probate Will Not Work and Should Not Work, 85 MISS. L.J. 1431 (2017).

19. Prof. James’s article No Help for the Helpless: How the Law Has Failed to Serve and Protect Persons Suffering from Alzheimer’s Disease was cited in the following article: Roy G. Spece Jr. et al., (Implicit) Consent to Intimacy, 50 IND. L. REV. 907 (2017).

20. Prof. Sutton’s article Environment and Public Health in a Time of Plague was cited in the following article: Christopher Ogolla, First Do No Harm: The Manipulation of Public Health for Non-Public Health Purposes and Its Legal Consequences, 50 IND. L. REV. 849 (2017).

21. Prof. Spain’s article Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can Be Ethically Incorporated into the Practice of Law was cited in the following article: Rachel Rebouché, A Case Against Collaboration, 76 MD. L. REV. 547 (2017).

22. Prof. Weninger’s article Amended Federal Rule of Evidence 408: Trapping the Unwary was cited as a principal law review article for understanding Rule of Evidence 408 in § 408.12 Law review articles and other commentary on Rule 408, 5A WASH. PRAC., EVIDENCE LAW AND PRACTICE § 408.12 (6th ed.), a June 2017 update to the Washington Practice Series.

23. Prof. Watts’s article Fairness and Utility in Products Liability: Balancing Individual Rights and Social Welfare was cited in the following article: A. Mayer Kohn, A World After Tincher v. Omega Flex: Pennsylvania Courts Should Preclude Industry Standards and Practices Evidence in Strict Products Liability Litigation, 89 TEMP. L. REV. 643 (2017).

24. Prof. Watts’s article Differences without Distinctions: Boyle’s Government Contractor Defense Fails to Recognize the Critical Differences Between Civilian and Military Plaintiffs and Between Military and Non-Military Procurement was cited in the following treatise: Dan B. Dobbs, Paul T. Hayden & Ellen M. Bublick, The Law of Torts § 352 (2d ed. 2017).

25. Prof. Beyer and William R. Buckley’s article Videotape and the Probate Process, the Nexus Grows was cited in the following treatise: Eunice L. Ross and Thomas J. Reed, Will Contests § 14:14 (2d ed. 2017).

Quoted:
1. Prof. Huffman’s article Margin of Error: Potential Pitfalls of the Ruling in the Prosecutor v. Ante Gotovina was quoted in the following article: Mark “Max” Maxwell & Richard V. Meyer, The Innocent Combatant: Preserving Their Jus in Bello Protections, 5 PENN ST. J.L. & INT’L AFF. 111 (2017).

News:
1. As the 2015 winner of the Gardener DeMallie Award for the highest rated speaker at the Douglas W. Conner 36th Annual Advanced Estate Planning and Administration Seminar, Prof. Beyer was invited to return to Williamsburg, Virginia speak at the 38th Annual Program on May 6, 2017. To an audience of over 200 estate planning attorneys, Prof. Beyer presented his paper entitled Anticipating Wills Contests and How to Avoid Them.

2. Prof. Brian Shannon addressed the Lubbock Area Bar Association’s monthly meeting on May 10, 2017, on the topic, “NCAA Litigation & Legislation: They are Student-Athletes, Right?”

3. Prof. Brian Shannon served as the Master of Ceremonies at the Newton Excellence in Education 2017 Award Gala in Lubbock, Texas, on May 10, 2017.

4. Prof. Beyer presented six hours of continuing education for the Texas Association of Counties’ 2017 Probate Academy held in Lubbock, Texas on May 10-11 with approximately 120 Constitutional County Court judges and their clerks in attendance. The topics Prof. Beyer covered included: a probate legislative update, types of wills and what makes a will, an appellate case update, intestacy issues and property passage, digital assets – planning and administration, multiple-party bank accounts, regular and NFA weapons, and a probate question and answer session.

5. On May 12, Prof. Beyer traveled to Amarillo, Texas to serve as a speaker for the Twenty-Sixth Annual Institute on Estate Planning sponsored by the Amarillo Area Estate Planning Council. Prof. Beyer’s presentations and accompanying papers were as follows: Transfer on Death Deeds, Cyber Estate Planning and Administration, and Estate Planning for “Weaponized” Clients.

6. Prof. Baker’s efforts to combat SCOTUS link rot were recognized in 22 NO. 4 INTERNET L. RESEARCHER NL 5 (2017).

7. Prof. Bryan Camp was interviewed for and quoted in the following article: Marie Sapirie, No Equitable Tolling for Late-Filed Innocent Spouse Petition, 2017 TXN MAGAZINE 20-16.

8. On May 17, Prof. Beyer was the guest speaker at a meeting of the Estate Planning Council of North Texas in Plano, Texas. His presentation was entitled Estate Planning & Administration for Digital Assets and Guns and was accompanied by his two articles: (1) Cyber Estate Planning and Administration and (2) Estate Planning for “Weaponized” Clients.

9. On May 18, Prof. Beyer was the guest speaker at a meeting of the Houston Area Disability Elder Law Attorney Association. His topic and accompanying paper were entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.

10. On May 30, Prof. Beyer was the guest speaker for a meeting of the Probate, Trusts, and Estates Section of the Houston Bar Association. His presentation and accompanying article were entitled Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.

11. Prof. Vickie Sutton was interviewed in the following article: Michael Todd, Scared Straight: Evidence Makes for Better Biosecurity Rules (2016). The article can be found here.

12. Prof. Huffman was interviewed in the following article: Matt Dotray, Lubbock at the doorstep in getting new VA super clinic, LUBBOCK AVALANCHE-JOURNAL, May 20, 2017, available at 2017 WL 15752799.

Jamie Baker is the Associate Director of the Law Library at Texas Tech University School of Law. She also teaches Civil Trial Research. She blogs at www.gingerlawlibrarian.com.

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