Faculty Publications

March 2018 Law Faculty Publications & News

Throughout the month of March, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for March 1 to March 31, 2018.

Book Chapters:

  1. Rishi Batra, Integrative v. Distributive Bargaining in NEGOTIATOR’S DESK REFERENCE (Andrea Schneider and Christopher Honeyman, eds., 2018).

Articles:

  1. Patrick S. Metze, Dissecting the ABA Texas Capital Punishment Assessment Report of 2013: Death and Texas, A Surprising Improvement, 51 Akron L. Rev. 219 (2017).
  1. Stephen T. Black, The Copyright Box Model, 41 Seattle U.L. Rev. 179 (2017).
  1. Gerry W. Beyer & Lora G. Davis, How the 2017 Texas Legislature Modernized Durable Powers of Attorney, Est. Plan. Dev. for Tex. Prof., Mar. 2018, at 1.
  1. Gerry W. Beyer, Keeping Current—Probate, 32 Prob. & Prop. 16 (2018).
  1. Brie D. Sherwin, Regulating Coal Ash Waste in the Trump Era, 37 Stan. Envtl. L.J. 75 (2017).
  1. Gerry W. Beyer, Keeping Current—Probate, 32 Prob. & Prop. 16 (2018).

Cited:

  1. Prof. Sutton’s article Is There a Doctor (and a Lawyer) in the House? Why Our Good Samaritans Laws Are Doing More Harm than Good for a National Public Health Security Strategy: A Fifty-State Survey is cited in the following article: Sarah Munger, Bill Emerson’s Makeover: Reforming the Bill Emerson Good Samaritan Food Donation Act, 19 Vt. J. Envtl. L. 64 (2018).
  1. Prof. Velte’s article Paths to Protection: A Comparison of Federal Protection Based on Disability and Sexual Orientation is cited in the following article: Jennifer Jolly-Ryan, Ebolamania and Equal Protection of Health Care Workers Under Rational Basis with Bite Review, 120 W. Va. L. Rev. 575 (2017).
  1. Prof. Beyer’s article Target Best Practices for Guns Included in an Estate is cited in the following article: Michael Bell, Bridging the Gap Between Mental Illness and Firearms in Probate Courts, 10 Est. Plan. & Community Prop. L.J. 125 (2017).
  1. Administrative Law: Cases and Material, written by Prof. Murphy, Charles H. Koch, Jr., and William S. Jordan III, is cited in the following article: Kourtney Lanea Kech, Supply and Demand, One and the Same Since When?: The EPA’s Failed Attempt to Find A Loophole in the Renewable Fuel Standard, 5 LSU J. Energy L. & Resources 397 (2017).
  1. Administrative Law and Practice, written by Prof. Murphy and Charles H. Koch, Jr., is cited in the following article: Max Schanzenbach & Nadav Shoked, Reclaiming Fiduciary Law for the City, 70 Stan. L. Rev. 565 (2018).
  1. Prof. James’s article Twenty-First Century Pirates of the Caribbean: How the Organization for Economic Cooperation and Development Robbed Fourteen Caricom Countries of Their Tax and Economic Policy Sovereignty is cited in the following article: Stephen T. Black, The Copyright Box Model, 41 Seattle U.L. Rev. 179 (2017).
  1. Prof. Gonzalez’s article A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure is cited in the following article: Andrew Gray, Saving the Jury-Trial Waiver Through Forum Selection, 67 DePaul L. Rev. 1 (2017).
  1. Prof. Metze’s article The Attorney-Client Working Relationship: A Comparison of In-Person Versus Videoconferencing Modalities, written with Brendan R. McDonald and Robert D. Morgan, is cited in the following article: Josh Sherman, Double Secret Protection: Bridging Federal and State Law to Protect Privacy Rights for Telemental and Mobile Health Users, 67 Duke L.J. 1115 (2018).
  1. Prof. Camp’s article More on the Successful Challenge to the Anti-Inversion Regulations, Procedurally Taxing is cited in the following article:  Daniel J. Hemel, The Living Anti-Injunction Act, 104 Va. L. Rev. Online 74 (2018).
  1. Prof. Sutton’s article Is There a Doctor (and a Lawyer) in the House? Why Our Good Samaritans Laws Are Doing More Harm than Good for a National Public Health Security Strategy: A Fifty-State Survey is cited in the following article: Sarah Munger, Bill Emerson’s Makeover: Reforming the Bill Emerson Good Samaritan Food Donation Act, 19 Vt. J. Envtl. L. 64 (2018).
  1. Prof. Gonzalez’s article Employment Law Remedies for Illegal Immigrants is cited extensively throughout the following article: Rita Trivedi, Restoring a Willingness to Act: Identifying and Remedying the Harm to Authorized Employees Ignored Under Hoffman Plastics, 51 U. Mich. J.L. Reform 357 (2018).
  1. Prof. Velte’s article Obergefell’s Expressive Promise is cited in the following article: Noah B. Lindell, The Dignity Canon, 27 Cornell J.L. & Pub. Pol’y 415 (2017).
  1. Prof. Beyer’s article Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns is cited in An attorney–client relationship, 48 Tex. Prac., Tex. Lawyer & Jud. Ethics § 2:4 (2018 ed.).
  1. Prof. Camp’s article ‘Loving’ Return Preparer Regulation is cited in the following article: Pippa Browde, A Consumer Protection Rationale for Regulation of Tax Return Preparers, 101 Marq. L. Rev. 527 (2017).
  1. Prof. Beyer and Professor Shannon’s book Skills & Values: Property Law is cited in the following article: Jennifer Wallace, Shared Meter Setups: A Harmful Gap in Texas Landlord-Tenant Law That Needs to Be Filled, 50 Tex. Tech L. Rev. 375 (2018).
  1. Prof. Metze’s work as Director of the Texas Tech School of Law’s Capital Punishment Clinic is recognized in the following article: James D. Bethke & Morgan Shell, Public Defense Innovation in Texas, 51 Ind. L. Rev. 111 (2018).
  1. Prof. Murphy’s article Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: Tessa Davis, Tax and Social Context: Legal Fictions Within Tax, 4 Savannah L. Rev. 31 (2017).
  1. Prof. Beyer’s articles The Will Execution Ceremony and How to Conduct a Modern Texas Will Execution are recognized in the following article: Hon. Steve M. King, Hot Spots: Will Drafting Tips from the Bench, 81 Tex. B.J. 168 (2018).
  1. Prof. Humphrey’s article “But I’m Brain-Dead and Pregnant”: Advance Directive Pregnancy Exclusions and End-of-Life Wishes is cited in the following article: Maya Manian, Side Effects of the Abortion Wars, 38 Women’s Rts. L. Rep. 362 (2017).
  1. Prof. Humphrey’s article “But I’m Brain-Dead and Pregnant”: Advance Directive Pregnancy Exclusions and End-of-Life Wishes is cited in the following article: Thaddeus Mason Pope, Brain Death Forsaken: Growing Conflict and New Legal Challenges, 37 J. Legal Med. 265 (2017).
  1. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in Jurisdiction and standing, 11 Bus. & Com. Litig. Fed. Cts. § 116:21 (4th ed.).
  1. Prof. Murphy and Sidney A. Shapiro’s article Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Jason Iuliano, The Supreme Court’s Noble Lie, 51 U.C. Davis L. Rev. 911 (2018).
  1. Prof. Spain’s article Public Interest Law: Improving Access to Justice: The Opportunities and Challenges of Providing Equal Access to Justice in Rural Communities is cited in the following article: Lisa R. Pruitt & Rebecca H. Williams, Rural Justice, L.A. Law. 26 (2018).
  1. Prof. Brie Sherwin’s article Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations and State Exceptionalism Failed Flint Michigan is cited in the following article: Andrew J. Lawton, The Flint Water Crisis: A National Warning of Failing Infrastructure, 19 Marq. Benefits & Soc. Welfare L. Rev. 85 (2017).
  1. Prof. Weninger’s article The VW Diesel Emissions Scandal and the Spanish Class Action is cited in the following article: Richard Marcus, Secrecy: Revolution v. Evolution in Class Action Reform, 96 N.C.L. Rev. 903 (2018).
  1. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Richard Marcus, Revolution v. Evolution in Class Action Reform, 96 N.C.L. Rev. 903 (2018).
  1. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Judith Resnik, A2J/A2K: Access to Justice, Access to Knowledge, and Economic Inequalities in Open Courts and Arbitrations, 96 N.C.L. Rev. 605 (2018).
  1. Three of Prof. Beyer’s articles were cited in the March 2018 update of the Restatement (Third) of Property (Wills & Don. Trans.) § 3.1:

Gerry W. Beyer, Statutory Fill-In-the-Blank Will Forms, Prob. & Prop., Nov.-Dec. 1996, at 26.

Gerry W. Beyer, Statutory Fill-in Will Forms—the First Decade: Theoretical Constructs and Empirical Findings, 72 Or. L. Rev. 769 (1993).

Gerry W. Beyer, Statutory Will Methodologies—Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence?, 94 Dick. L. Rev. 23 (1990).

  1. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse is cited in the following article: Zachary S. Price, Funding Restrictions and Separation of Powers, 71 Vand. L. Rev. 357 (2018).
  1. Prof. Christopher’s article The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking, Bitcoin, and the Blockchain is cited in the following article: Rory Van Loo, Making Innovation More Competitive: The Case of Fintech, 65 UCLA L. Rev. 232 (2018).
  1. Prof. Rosen’s article Civilian Courts and the Military Justice System: Collateral Review of Courts-Martial is cited in the following article: Russell Spivak, Undue Sacrifice: How Female Sexual Assault Victims Fight the Military While Fighting in the Military, 25 Duke J. Gender L. & Pol’y 77 (2017).

Quoted:

  1. Prof. Beyer is quoted in the following article: Christian S. Kelso, Esq., But What’s an Ascertainable Standard? Clarifying Hems Distribution Standards and Other Fiduciary Considerations for Trustees, 10 Est. Plan. & Community Prop. L.J. 1 (2017).
  1. Prof. Beyer is extensively cited and quoted in the following article: Gus G. Tamborello, In Terrorem Clauses: Are They Still Terrifying?, 10 Est. Plan. & Community Prop. L.J. 63 (2017).
  1. Prof. Camp is quoted in the following article: Daniel J. Hemel, The Living Anti-Injunction Act, 104 Va. L. Rev. Online 74 (2018).

News:

  1. On March 2, Professor Gerry W. Beyer presented his paper entitled Morals From the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice at the 10th Annual Estate Planning and Community Property Law Journal CLE & Expo held at Texas Tech.
  1. On March 9, Professor Gerry W. Beyer served as the lead-off speaker to an audience of approximately 250 leading estate planning practitioners and academics from around the country at a seminar entitled State Law Pitfalls: Don’t Step in It When Your Client Steps Across State Lines at the Annual Meeting of the American College of Trust and Estate Counsel in San Antonio, Texas. His paper with the same name accompanied his presentation.
  1. Also on March 9, Professor Gerry W. Beyer was elected as one of the 39 Regents who govern The American College of Trust and Estate Counsel (ACTEC). ACTEC is a nonprofit association of lawyers and law professors skilled and experienced in the preparation of wills and trusts; estate planning; and probate procedure and administration of trusts and estates of decedents, minors and incompetents. Its more than 2,600 members practice throughout the United States, Canada and other foreign countries. To qualify for membership, a lawyer must have no less than 10 years’ experience in the active practice of probate and trust law or estate planning. Lawyers and law professors are elected to be Fellows based on their outstanding reputation, exceptional skill, and substantial contributions to the field by lecturing, writing, teaching and participating in bar activities. It is their aim to improve and reform probate, trust and tax laws, procedures, and professional responsibility.
  1. On March 13, Professor Rishi Batra gave a guest lecture at UC Davis School of Law entitled Plea Bargaining as ADR.
  1. On March 21, Professor Gerry W. Beyer was a speaker at the 2017 Spring Judicial Education Session sponsored by the Texas Association of Counties in Lubbock, Texas. To an audience of over 125 Texas Constitutional County Court judges, Prof. Beyer provided guidance on Heirship Proceedings.
  1. On March 23, Professor Gerry W. Beyer spoke at the Spring Meeting of the Special Needs Alliance, a national organization comprised of attorneys committed to helping individuals with disabilities, their families, and the professionals who serve them, in San Diego, California. His presentation and accompanying paper were entitled Digital Assets and Special Needs Planning.

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