May 2018 Law Faculty Publications & News

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

Articles:

1. Gerry W. Beyer, Potpourri, 56-2 Real Est., Prob., & Tr. L. Rep. 3 (2018).

2. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 56-2 Real Est., Prob., & Tr. L. Rep. 4 (2018).

3. Wendy Tolson Ross, It Takes a Village: Empowering the Dead Broke Parent, 17 Whittier J. Child & Fam. Advoc. 42 (2018).

4. Gerry W. Beyer, Digital Assets: The Basics of Cyberspace Estate Planning, 81 Tex. B.J. 342 (2018).

5. Robert T. Sherwin, Shoot First, Litigate Later: Declaratory Judgment Actions, Procedural Fencing, and Itchy Trigger Fingers, 70 Okla. L. Rev. 793 (2018).

Books:

1. Gerry W. Beyer, Texas Law of Wills (9 & 10 Tex. Prac.) (4th ed. 2018).

Op-Ed:

1. Arnold Loewy & Charles Moster, It’s Debatable: Do states have the right to secede from the Union?, Lubbock Avalanche-J. (May 20, 2018 09:18 am), www.lubbockonline.com/opinion/20180520/its-debatable-do-states-have-right-to-secede-from-union.

Cited:

1. Prof. Metze’s article entitled The Attorney-Client Working Relationship: A Comparison of In-Person Versus Videoconferencing Modalities 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).

2. Prof. Batra’s article Improving the Uniform Partition of Heirs Property Act is cited in the following article: Keeping Current-Probate, 32 Prob. & Prop. 46 (2018).

3. Prof. Alex Pearl’s article How to Be an Authentic Indian is cited in the following article: Carl Tobias, President Donald Trump and Federal Bench Diversity, 74 Wash. & Lee L. Rev. Online 400 (2018).

4. Prof. Beyer’s article The Texas Revised Uniform Fiduciary Access to Digital Assets Act: A Primer for Estate Planners is cited in the following article: Sandra Reed, Dealing with digital assets in a decedent’s estate, Glen Rose Reporter (April 30, 2018, 8:50 am) http://www.yourglenrosetx.com/news/20180430/dealing-with-digital-assets-in-decedents-estate.

5. Prof. Camp’s article Lesson from the Tax Court: The Turbo-Tax Defense is cited in th following article: Tax Program Glitches; Tax Court Leniency on Penalties, Interest?, 128 J. Tax’n 45 (2018).

6. Prof. Casto’s book The Supreme Court in the Early Republic: The Chief Justice-ships of John Jay and Oliver Ellsworth is exhaustively cited in the following article: Scott Douglas Gerber, The Supreme Court Before John Marshall, 14 U. St. Thomas L.J. 27 (2018). There Were Great Men Before Agamemnon and James Iredell and the American Origins of Judicial Review, two articles by Prof. Casto, are also cited in Mr. Gerber’s piece.

7. Prof. Murphy & Afsheen John Radsan’s article Due Process and Targeted Killing of Terrorists is cited in the following article: Alexander K.A. Greenawalt, Targeted Capture, 59 Harv. Int’l L.J. 1 (2018).

8. Prof. Gonzalez’s article A Matter of Life and Death – Why the ADA Permits Mandatory Periodic Medical Examinations of “Remote-Location” Employees is cited in the following article: Ilene N. Moore, Screening Older Physicians for Cognitive Impairment: Justifiable or Discriminatory?, 28 Health Matrix 95 (2018).

9. Prof. Rob Sherwin’s comment ‘‘Source” of Protection: The Status of the Reporter’s Privilege in Texas and a Call to Arms for the State’s Legislators and Journalists is cited in the following article: Alan Wehbé, The Free Press and National Security: Renewing the Case for A Federal Shield Law, 16 First Amend. L. Rev. 512 (2018).

10. Prof. Rob Sherwin’s article #havewereallythoughtthisthrough?: Why Granting Trademark Protection to Hashtags is Unnecessary, Duplicative, and Downright Dangerous is cited in the following article: Kendall Salter, The Trouble with Tags: Seeking Mark Protection for Corporate Branded Hashtags-More Trouble Than It’s Worth?, 43 J. Corp. L. 699 (2018).

11. Prof. Sutton’s book Nanotechnology, Law and Policy: Cases and Materials is cited in the following article: Dario Picecchi, Tiny Things with a Huge Impact: The International Regulation of Nanomaterials, 7 Mich.J. Envtl. & Admin.L. 447 (2018).

12. Prof. Loewy’s article Obscenity, Pornography, and First Amendment Theory is cited in the following article: Edward B. Foley, The Gerrymander and the Constitution: Two Avenues of Analysis and the Quest for A Durable Precedent, 59 Wm. & Mary L. Rev. 1729 (2018).

13. Prof. Christopher’s article Eye of the Beholder: How Perception Management Can Counter Stereotype Threat Among Struggling Law Students is cited in the following article: Russell A. McClain, Bottled at the Source: Recapturing the Essence of Academic Support as a Primary Tool of Education Equity for Minority Law Students, 18 U. Md. L.J. Race Relig. Gender & Class 139 (2018).

14. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Bernard Chao, Catherine Durso, Ian Farrell, & Christopher Robertson, Why Courts Fail to Protect Privacy: Race, Age, Bias, and Technology, 106 Cal. L. Rev. 263 (2018).

15. Prof. Beyer & Kerri G. Nipp’s article Practical Planning for Digital Assets and Administration of Digital Assets by Fiduciaries is cited in the following article: Estate Planning-Digital Inheritance-Massachusetts Supreme Judicial Court Holds That Personal Representatives May Provide Lawful Consent for Release of a Decedent’s Emails., 131 Harv. L. Rev. 2081 (2018).

16. Prof. Beyer’s article Pet Animals: What Happens When Their Humans Die? Is cited extensively in the following article: Andrew B. F. Carnabuci, Avoiding the Fate of Argos: The Duty of Pet Trust Protectors in Connecticut, 31 Quinnipiac Prob. L.J. 281 (2018).

17. 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: Steve Young, Changing Governance Models by Applying Blockchain Computing, 26 Cath. U. J. L. & Tech (2018).

18. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: David Berke, Reworking the Revolution: Treasury Rulemaking & Administrative Law, 7 Mich. J. Envtl. & Admin. L. 353 (2018).

19. Prof. Murphy’s article Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: David Berke, Reworking the Revolution: Treasury Rulemaking & Administrative Law, 7 Mich. J. Envtl. & Admin. L. 353 (2018).

Quoted:

1. Prof. Velte is quoted in the following article: John Austin, Texas case puts kids, discrimination claims and gay rights in the spotlight, Huntsville Item (May 17, 2018), http://www.itemonline.com/news/local_news/texas-case-puts-kids-discrimination-claims-and-gay-rights-in/article_f0344559-95ef-5cee-b6fc-18f8beba7cc4.html.

News:

1. On May 2, Professor Brian Shannon made a presentation about Athletics Compliance Issues at the annual Big 12 Internal Audit Conference.

2. On May 3, Professor Gerry W. Beyer presented his paper entitled Cyber Estate Planning and Administration at the Estate Planning 2018 Seminar sponsored by the Midland College Foundation and the Midland Memorial Hospital Foundation in Midland, Texas.

3. On May 10, Professor Gerry W. Beyer was the lead-off speaker at the 32nd Annual Estate Planning & Probate Section All-Day CLE sponsored by the Austin Bar Association. Prof. Beyer presented his paper entitled Practical Planning for Digital Assets and Administration of Digital Assets.

4. On May 10, Professor Brian Shannon was the luncheon speaker at the Tom Green County Bar Association in San Angelo on the topic of Recent NCAA Litigation.

5. On May 11, Professor Gerry W. Beyer presented a half-day program in Galveston, Texas at the Probate Academy sponsored by the Texas Association of Counties. To an audience of over 270 Constitutional County Court judges and their clerks, Prof. Beyer spoke on the following topics:

• Appellate Case Law Update,
• The Basics of Texas Intestate Succession Law,
• Heirship Proceedings, and
• Estate Planning Highlights of the 2017 Texas Legislature

6. On May 15, Professor Wesley Cochran offered on-air analysis for KTTZ-FM radio relative to the U.S. Supreme Court’s recent decision in Murphy v. NCAA, which held that the Professional and Amateur Sports Protection Act is unconstitutional.

7. On May 15, Professor Brian Shannon attended the inaugural meeting of the Texas Judicial Commission on Mental Health in Austin.

8. On May 16-18, Professors Jamie J. Baker, Tracy Pearl, and Victoria Sutton each gave presentations at the sixth annual Conference on Governance of Emerging Technologies: Law, Policy, and Ethics at the Beaus Center for Law and Society in Phoenix, Arizona. Professor Baker previewed her forthcoming article, 2018: A Legal Research Odyssey. Professor Pearl presented her paper Compensation at the Crossroads: Autonomous Vehicles and Alternative Victim Compensation Schemes. Professor Sutton’s talk was entitled Cyborgs — Should we be better than we are?.

9. Professor Gerry W. Beyer’s article, which he co-authored with attorney Lora Davis, entitled How the 2017 Texas Legislature Modernized Durable Powers of Attorney debuted at the top of the SSRN Elder Law Studies eJournal Top Recent Papers list. This article is also ranked #2 on the SSRN Wills, Trusts, & Estates Law eJournal Top Recent Papers list.

10. On May 29, Professor Gerry W. Beyer was the guest speaker at a meeting of the Probate, Trusts, and Estates Section of the Houston Bar Association. The topic of his presentation and accompanying article was Cyber Estate Planning and Administration.

11. In May 2018, Horn Professor Brian Shannon was appointed by NCAA President Mark Emmert to one of eight working groups to address recommendations from the independent Commission on College Basketball, which was chaired by Condoleezza Rice. Shannon’s working group will focus on issues regarding agents and advisors.