June 2018 Law Faculty Publications & News

Throughout the month of June, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for June 1 to June 30, 2018.




1. Victoria Sutton, Sovereignty in space?, Astrosociological Insights (Winter 2017).

2. Alyson Outenreath, Cheers! Ending Quill… What Can Be Learned from the Wine Industry, 48 N.M.L. Rev. 372 (2018).

3. Bryan T. Camp, Equitable Principles and Jurisdictional Time Periods, Part 2, 2018 TXN MAGAZINE 24-7 (2018).

4. Jamie J. Baker, 2018: A Legal Research Odyssey: Artificial Intelligence as Disruptor, 110(1) Law Lib. J. 5 (2018).


1. Arnold Loewy & Charles Moster, It’s Debatable: Should the U.S. build a border wall on its southern border?, LUBBOCK AVALANCHE-J. (June 3, 2018 10:25 am), http://www.lubbockonline.com/opinion/20180603/its-debatable-should-us-build-border-wall-on-its-southern-border.

2. Arnold Loewy & Charles Moster, It’s Debatable: Should victims of domestic violence continue to be granted US asylum?, LUBBOCK AVALANCHE-J. (June 24, 2018 6:15 am), http://www.lubbockonline.com/opinion/20180624/its-debatable-should-victims-of-domestic-violence-continue-to-be-granted-us-asylum.


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: Steven Young, Changing Governance Models by Applying Blockchain Computing, 26 Cath. U.J.L. & Tech. 4 (2018).

2. Prof. Loewy’s article Rethinking Free Exercise of Religion After Smith and Boerne: Charting A Middle Course is cited in the following article: Martin Guggenheim, The (Not So) New Law of the Child, 127 Yale L.J. Forum 942 (2018).

3. An article written by Prof. Murphy & Sidney A. Shapiro entitled Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Theresa M. Beiner, When Courts Run Amuck: A Book Review of Unequal: How America’s Courts Undermine Discrimination Law by Sandra F. Sperino and Suja A. Thomas (Oxford 2017), 5 Tex. A&M L. Rev. 391 (2018).

4. Prof. Murphy’s article The Limits of Legislative Control over the “Hard-Look” is cited in the following article: Harvard Law Review, The Presumption of Regularity in Judicial Review of the Executive Branch, 131 Harv. L. Rev. 2431 (2018).

5. Prof. Murphy’s article Separation of Powers and the Horizontal Force of Precedent is cited in the following article: Randy J Kozel, Precedent and Constitutional Structure, 112 NW. U. L. Rev. 789 (2018).

6. Two of Prof. Camp’s articles–The Failure of Adversarial Process in the Administrate State and Tax Administration as Inquisitorial Process and The Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998–are cited in the following article: Susannah Camic Tahk, The New Welfare Rights, 83 Brook. L. Rev. 875 (2018).

7. Dean Myhra’s article The Pharmacist’s Duty to Warn in Texas is cited in the following article: Paul Michael Roybal, Of Remand and Responsibility: Oakey v. May Maple Pharmacy and the Pharmacist’s Professional Standard of Care in New Mexico, 48 N.M.L. Rev. 491 (2018).

8. Prof. Spain’s article Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can be Ethically Incorporated into the Practice of Law is cited in the following section of the Iowa Rules of Professional Conduct: Limiting the scope of legal representation-Collaborative lawyering agreements, 16 Ia. Prac., Lawyer and Judicial Ethics § 5:2(c)(4) (June 2018 Update).

9. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Eric S. Fish, Against Adversary Prosecution, 103 Iowa L. Rev. 1419 (2018).

10. Prof. Loewy’s article Statutory Rape in a Post Lawrence v. Texas World is cited in the following article: Kathleen Houck, “Mistake of Age” As A Defense?: Looking to Legislative Evidence for the Answer, 55 Am. Crim. L. Rev. 813 (2018).

11. Prof. Sutton’s chapter in ADVANCING THE HUMAN RIGHT TO HEALTH entitled Emergencies, Disasters, Conflicts, and Human Rights is cited in the following article: Waseem Ahmad Qureshi, Untangling the Complicated Relationship between International Humanitarian Law and Human Rights Law in Armed Conflict, 6 Penn. St. J.L. & Int’l Aff. (2018).

12. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Richard M. Re, Fourth Amendment Fairness, 116 Mich. L. Rev. 1409 (2018).

13. Dean Nowlin’s article The Constitutional Illegitimacy of Expansive Judicial Power: A Populist Structural Interpretive Analysis is cited in the following article: Noah M. Kazis, American Unicameralism: The Structure of Local Legislatures, 96 Hastings L.J. 1147 (2018).

14. Prof.Christopher’s article (co-written by Katherine A. Austin & Darby Dickerson) entitled Will I Pass The Bar Exam?: Predicting Student Success Using LSAT Scores and Law School Performance is cited in the following article: Jennifer M. Cooper & Regan A. R. Gurung, Smarter Law Study Habits: An Empirical Analysis of Law Learning Strategies and Relationship with Law GPA, 62 St. Louis U.L.J. 361 (2018).

15. Prof. Chiappinelli’s book CASES AND MATERIALS ON BUSINESS ENTITIES is cited in the following article: Carliss N. Chatman, The Corporate Personhood Two-Step, 18 Nev. L.J. 811 (2018).

16. Prof. Loewy’s article The Fourth Amendment: History, Purpose, and Remedies is cited in the following article: Osagie K. Obasogie & Zachary Newman, The Futile Fourth Amendment: Understanding Police Excessive Force Doctrine Through an Empirical Assessment of Graham v. Connor, 112 NW. U.L. Rev. 1465 (2018).

17. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Steven P. Grossman, Making the Evil Less Necessary and the Necessary Less Evil: Towards a More Honest and Robust System of Plea Bargaining, 18 Nev. L.J. 769 (2018).

18. Prof. Henry’s article Paying-to-Play in Chapter 11 is cited in the following article: Matthew LaGrone, A Simplified “Benefit” Prong for Secured-Creditor Surcharges, 85 U. Chi. L. Rev. 1039 (2018).

19. Prof. Gonzalez’s article SOX, Statutory Interpretation, and the Seventh Amendment: Sarbanes-Oxley Act Whistleblower Claims and Jury Trials is cited in the following article: Lesley Chen, The SEC’s Forgotten Power of Exemption: How the SEC Can Receive Deference in Favor of Internal Whistleblowers Even When the Text Is Clear, 67 Emory L.J. 1043 (2018).

20. Prof. Drake’s article The Need for Experiential Legal Research Education is cited in the following article: Annalee Hickman Moser & Felicity Murphy, The Reference Assistant, 110 Law Libr. J. 59 (2018).

21. Prof. Rob Sherwin’s article #havewereallythoughtthisthrough?: Why Granting Trademark Protection to Hashtags Is Unnecessary, Duplicative, and Downright Dangerous is cited in the following article: Julia Anne Matheson & Meryl Bernstein, Trademarks as Hashtags, Not Hashtags as Trademarks, 93 Pat. Trademark & Copyright J. (BNA) 2366 (2018).

22. Prof. Brie Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid is cited in Case study: Bisphenol-A, RODGERS ENVIRONMENTAL LAW, 2d. § 31:6 (June 2018 Update).

23. Prof. Rosen’s article Targeting Enemy Forces in the War on Terror: Preserving Civilian Immunity is cited in the following article: Colonel Noam Neuman, Challenges in the Interpretation and Application of the Principle of Distinction During Ground Operations in Urban Areas, 51 Vand. J. Transnat’l L. 807 (2018).

24. 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, Religion, Gender & Class 139 (2018).

25. Prof. Soonpaa’s article Using Composition Theory and Scholarship to Teach Legal Writing More Effectively is cited in the following article: Kenneth R. Swift, The Seven Principles for Good Practice in (Asynchronous Online) Legal Education, 44 Mitchell Hamline L. Rev. 105 (2018).

26. Prof. Ross’s article The Negro National Anthem Controversy is cited in the following article: Cedric Merlin Powell, The Rhetorical Allure of Post-Racial Process Discourse and the Democratic Myth, 2018 Utah L. Rev. 523 (2018).


1. Prof. Sutton is quoted in the following article: Mark Kauffman, Trump’s ‘Space Force’ is nothing new: Here’s what the military is already up to in orbit, MASHABLE (June 19, 2018), https://mashable.com/2018/06/19/space-force-donald-trump-military/#vx2ilupDZOqr.


1. An article that Professor Gerry W. Beyer co-authored entitled The Fine Art of Intimidating Disgruntled Beneficiaries With In Terrorem Clauses, 51 SMU L. Rev. 225, 226–27 (1998), was cited by the Fourth District Appellate Court of Illinois in Illinois State Bar Ass’n Mut. Ins. Co. v. Leighton Legal Grp., LLC, No. 4–17–0548, 170548 2018 WL 2328597 (Ill. App. Ct. May 22, 2018).

2. On June 4, Professor Kyle Velte was a guest on KPCC’s Airtalk and discussed the implications of the Supreme Court’s recent Masterpiece Cakeshop decision. Audio of the program may be found here. Prof. Velte filed an amicus brief for the Respondents in this case, available to read here.

3. On June 8, Horn Professor Brian Shannon lead a CLE program in El Paso entitled Ethical & Practical Issues on Mental Health.

3. On June 9, Professor Gerry W. Beyer was one of the speakers at a plenary session at the 2018 AALS Workshop for New Law School Teachers entitled Teaching Techniques in Washington, D.C. Prof. Beyer was also lead a small group discussion on June 7 entitled Setting the Stage.

4. On June 13, Professor Gerry W. Beyer was the kick-off speaker for the 42nd Annual Advanced Estate Planning and Probate Course sponsored by the State Bar of Texas in Dallas. His topic and accompanying article was entitled Case Law Update discussing recent judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters, as well as an opinion of the United States Supreme Court issued on Monday.

5. Professor Brie Sherwin has been accepted into Texas Tech University’s Teaching Academy and has been added to the 2018-2019 SEALS New Scholars Committee.

6. Also having a busy June was Professor Jamie J. Baker, who last month was accepted into the TTU’s Texas Academic Leadership Academy, became a fellow in the 2018 AALL Leadership Academy, was elected the Southwestern Association of Law Libraries Treasurer, and was appointed Vice Chair of the LexisNexis Call for Papers Committee.

7. On June 23, Professor Gerry W. Beyer made a presentation for the Legal Education Committee of the American College of Trust and Estate Council at its Summer Meeting in Chicago, Illinois on how to use student response systems (both free and fee-based) in law school classes.

8. On June 28, Professor Gerry W. Beyer received notice from the American Bar Association that he was reappointed as the Keeping Current – Probate Editor for Probate and Property, a magazine published by the ABA’s Section of Real Property, Trust and Estate Law. Prof. Beyer has held this position since 1992.

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