June 2017 Law Faculty Publications & News

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

Published:

Victoria Sutton, Bioengineering and biocrime in The Routledge Handbook of Technology, Crime and Justice, at 228 (Taylor & Francis, 2016).

Articles:
1. Robert T. Sherwin, Evidence? We Don’t Need No Stinkin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens to De-Fang A Popular and Powerful Weapon Against Frivolous Litigation, 40 COLUM. J.L. & ARTS 431 (2017).

2. Catherine Martin Christopher, et. al., Will I Pass the Bar Exam?: Predicting Student Success Using LSAT Scores and Law School Performance, 45 HOFSTRA L. REV. 753 (2017).

3. Wendy-Adele Humphrey, Two-Stepping Around A Minor’s Constitutional Right to Abortion, 38 CARDOZO L. REV. 1769 (2017).

Cited:
1. Prof. Chiappinelli’s textbook CASES AND MATERIALS ON BUSINESS ENTITIES was cited in the following article: Harwell Wells, The Life (and Death?) of Corporate Waste, 74 WASH. & LEE L. REV. 1239 (2017).

2. Prof. Soonpaa’s article Stress in Law Students: A Comparative Study of First-Year, Second-Year, and Third-Year Students was cited in the following article: Raymond H. Brescia, Law and Social Innovation: Lawyering in the Conceptual Age, 80 ALB. L. REV. 235 (2017).

3. Prof. A. Pearl’s article The Tragedy of the Vital Commons was cited in the following article: Samantha Hepburn, Public Resource Ownership and Community Engagement in a Modern Energy Landscape, 34 PACE ENVTL. L. REV. 379 (2017).

4. Prof. Watts’ article Tyranny by Proxy: State Action and the Private Use of Deadly Force was cited in the following article: Darrell A. H. Miller, Self-Defense, Defense of Others, and the State, 80 LAW & CONTEMP. PROBS. 85 (2017).

5. Prof. Casto’s academic works were cited in the following article: Kevin Arlyck, The Courts and Foreign Affairs at the Founding, 2017 B.Y.U. L. REV. 1 (2017).

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

7. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique was cited in multiple sections of the following treatise: RESTATEMENT (THIRD) OF TORTS (2017 Update).

8. Prof. Beyer’s Statutory Fill-In-the-Blank Will Forms, PROB. & PROP., Nov.-Dec. 1996, Statutory Fill-in Will Forms—the First Decade: Theoretical Constructs and Empirical Findings, 72 OR. L. REV. 769 (1993), Statutory Will Methodologies—Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence?, 94 DICK. L. REV. 23 (1990) were all cited in RESTATEMENT (THIRD) OF PROPERTY (WILLS & DON. TRANS.) § 3.1 TD No 2 (2017 Update).

9. Prof. Velte’s article Egging on Lesbian Maternity: The Legal Implications of Tri-Gametic In Vitro Fertilization was cited in the following treatise: PRINCIPLES OF THE LAW OF FAMILY DISSOLUTION § 2.03 (2017 Update).

10. Prof. Benham’s article Dirty Secrets: The First Amendment in Protective-Order Litigation was cited in the following article Hon. Craig Smith & Tom Melsheimer, Open Courts the Role of Rule 76a in Our Civil Justice System, 80 TEX. B.J. 355 (2017).

11. Prof. Camp’s article, ‘Loving’ Return Preparer Regulation, was cited in the following article: James Alm, Jay A. Soled, W(h)ither the Tax Gap?, 92 WASH. L. REV. 521 (2017).

12. Prof. Casto’s article The New Federal Common Law of Tort Remedies for Violations of International Law was cited in the following article: Gwynne L. Skinner, Expanding General Personal Jurisdiction over Transnational Corporations for Federal Causes of Action, 121 PENN ST. L. REV. 617 (2017).

13. Prof. Krahmer’s work is extensively cited in 2 ILL. PRAC., UCC FORMS ANNOTATED (2017 Update).

14. Prof. Murphy’s article Can They Do That? The Due Process and Article III Problems of Proposed Findings of Criminal Contempt in Bankruptcy Courts was cited in § 2:23 Equitable jurisdiction—Contempt powers, 1 Bankruptcy Law Manual § 2:23 (5th ed.).

15. Prof. Murphy’s work in § 12:22 Exceptions to the exhaustion requirement, 4 ADMIN. L. & PRAC. § 12:22 (3d ed.) was cited in ¶ 205,195 THERSIA J. KNAPIK, PLAINTIFF, V. MARY HITCHCOCK MEMORIAL HOSPITAL, DEFENDANT., LABOR & EMPL. L. P 205195.

16. Prof. Beyer’s article Pet Animals: What Happens When Their Humans Die? was cited in Trusts for the care of animals or inanimate objects, The Law Of Trusts And Trustees § 165 (2017 Update).

17. Prof. Beyer’s article Estate Planning for Digital Assets was cited in What may be the trust res?, THE LAW OF TRUSTS AND TRUSTEES § 112 (2017 Update) and The necessity for a trust subject matter, THE LAW OF TRUSTS AND TRUSTEES § 111 (2017 Update).

18. Prof. Loewy’s article The Cowboy and the Cop: The Saga of Dudley Hiibel, 9/11, and the Vanishing Fourth Amendment was cited in the following article: Jonathan Weinberg, Proving Identity, 44 PEPP. L. REV. 731 (2017).

19. Prof. Shannon’s article Debarment and Suspension Revisited: Fewer Eggs in the Basket? was cited in the following article: Robert F. Meunier, Trevor B. A. Nelson, Is It Time for A Single Federal Suspension and Debarment Rule?, 46 PUB. CONT. L.J. 553 (2017).

20. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds was cited in the following article: Linda Beale, Reining in Intellectual Property Tax Avoidance, 2017 TXN MAGAZINE 26-38.

21. Prof. Sutton’s textbook LAW AND BIOTERRORISM was cited in the following note: Nicole H. Kalupa, Black Biology: Genetic Engineering, the Future of Bioterrorism, and the Need for Greater International and Community Regulation of Synthetic Biology, 34 WIS. INT’L L.J. 952 (2017).

22. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State was cited in the following article: Rhett Larson, Brian Payne, Unclouding Arizona’s Water Future, 49 ARIZ. ST. L.J. 465 (2017).

23. Prof. Krahmer’s article Foreign Currency Instruments Under the Uniform Commercial Code was cited in § 4-210 FORM 2. Clause Regarding Charge—Back of Foreign Currency Instruments, 7 WASH. PRAC., UCC Forms § 4-210 FORM 2 (2017 Update).

24. Prof. Loewy’s article The Use, Nonuse, and Misuse of Low Value Speech was cited in the following article: Dr. JoAnne Sweeny, Trapped in Public: The Regulation of Street Harassment and Cyber-Harassment Under the Captive Audience Doctrine, 17 NEV. L.J. 651 (2017).

Quoted:
1. Prof. Murphy’s article A “New” Counter-Marbury: Reconciling Skidmore Deference and Agency Interpretive Freedom was quoted in the following article: Kurt Eggert, Deference and Fiction: Reforming Chevron’s Legal Fictions After King v. Burwell, 95 NEB. L. REV. 702 (2017).

2. Prof. Robert Sherwin’s article #HaveWeReallyThoughtThisThrough?: Why Granting Trademark Protection to Hashtags Is Unnecessary, Duplicative, and Downright Dangerous was quoted in the following article: Alexandra J. Roberts, Tagmarks, 105 CAL. L. REV. 599 (2017).

News:
1. On June 7, Prof. Beyer was the lead-off speaker at the 41st Annual Advanced Estate Planning and Probate Course, a three-day CLE program sponsored by the State Bar of Texas. His presentation to approximately 400 attorneys and accompanying article covered recent judicial developments in Texas relating to intestate succession, wills, estate administration, trusts, and related matters.

2. On June 9, Prof. Beyer was a featured speaker at the 44th Annual Midwest Estate, Tax & Business Planning Institute held in Indianapolis, Indiana. To a live audience of approximately 150 attorneys and other estate planning professionals with streaming to virtual attendees across the region, Prof. Beyer presented two papers: (1) What Estate Planners in Common Law Marital Property States Need to Know About Community Property and (2) Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.

3. On June 15, Prof. Beyer was a speaker at the 2017 State Bar of Arizona Annual Convention in Tucson during a program entitled “Dealing With the Unusual and Unexpected: Challenging Assets in Estate Planning and Administration.” His presentations and accompanying papers were entitled Cyber Estate Planning & Administration and Aiming High and Getting High: Estate Planning for Guns and Marijuana.

4. For the twenty-fifth consecutive year, the American Bar Association has appointed Prof. Beyer as the editor of the Keeping Current—Probate column for Probate & Property magazine.

5. On June 24, Prof. Beyer was in Washington, DC where he was a speaker at a program entitled Teaching Techniques at a Workshop for New Law School Teachers sponsored by the Association of American Law Schools.

6. On June 30, Prof. Kyle Velte was interviewed by Double T 97.3FM for and quoted in the following article: Texas Supreme Court questions right of benefits for gay spouses. The article can be found here.

7. On June 9, the Lubbock Avalanche-Journal published an article It’s Debatable: Fighting over Irish snubbing Pence where Prof. Arnold Loewy and Charles Moster debated Notre Dame graduates walking out on Vice President Mike Pence. The article can be found here.

8. On June 20, Prof. Loewy was interviewed by FOX34 News concerning recent decision where the Supreme Court found that law restricting registered sex offenders from using social media in North Carolina violated the legitimate exercise of First Amendment rights. The article 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 www.gingerlawlibrarian.com.