October 2018 Law Faculty Publications & News

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


1. Nancy J. Soonpaa, The Ins and Outcomes of Writing an Effective Syllabus, 67 J. LEGAL EDUC. 833 (2018).

2. Bryan T. Camp, The Substantial Substantiation Rules For Code Section 170, 2018 LAW360 274-45.

3. Gerry W. Beyer, Potpourri, REPTL REP., 56-4, at 3 (2018).

4. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, REPTL REP., 56-4, at 4-7 (2018).

5. Gerry W. Beyer, An Estate Planner’s Guide to the Uniform Partition of Heirs Property Act, REPTL REP., 56-4, at 38-43 (2018).

6. Gerry W. Beyer & Barry Seltzer, Don’t Forget About Pets When Planning for Disability and Death: A Legal Guide to Caregiving for Pets After an Owner’s Death, GENERATIONS: J AM. SOC. AGING, Fall 2018 at 109.


1. Arnold Loewy & Charles Moster, It’s Debatable: Does Kavanaugh have the right temperament to be a Supreme Court justice?, LUBBOCK AVALANCHE-J. (Oct. 24, 2018 5:06 p.m.), http://www.lubbockonline.com/news/20181024/its-debatable-does-kavanaugh-have-right-temperament-to-be-supreme-court-justice.


1. Prof. Loewy’s article Why Roe v. Wade Should Be Overruled is cited in the following article: Clarke D. Forsythe, A Draft Opinion Overruling Roe v. Wade, 16 GEO. J.L. & PUB. POL’Y 445 (2018).

2. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: David M. Driesen, Judicial Review of Executive Orders’ Rationality, 98 B.U.L. REV. 1013 (2018).

3. Prof. Gossett’s article If Charity Begins at Home, Why Do We Go Searching Abroad? Why the Federal Adoption Tax Credit Should Not Subsidize International Adoptions is cited in Adoption tax credit, 5 ARIZ. PRAC., JUV. LAW & PRACTICE § 7:16 (October 2018 Update).

4. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited multiple times in the October 2018 update to RESTATEMENT (THIRD) OF TORTS: Phys. & Emot. Harm § 11 (2010).

5. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Aaron L. Nielson, Optimal Ossification, 86 GEO. WASH. L. REV. 1209 (2018).

6. Prof. Chiappinelli’s article The Moral Basis of State Corporate Law Disclosure is cited in The traditional legal framework—An overview, D&O LIAB. HDBK. § I:2.

7. Prof. Casto’s book THE SUPREME COURT IN THE EARLY REPUBLIC: THE CHIEF JUSTICESHIPS OF JOHN JAY AND OLIVER ELLSWORTH is cited in the following article: Matt Steilen, The Security Court, 78 MD. L. REV. ONLINE 1 (2018).

8. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: David A. Dana & Michael Barsa, Judicial Review in an Age of Hyper-Polarization and Alternative Facts, 9 SAN DIEGO J. CLIMATE & ENERGY L. 231 (2018).

9. Prof. Christopher’s article The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking, Bitcoin, and the Blockchain is extensively cited in the following article: Dirk A. Zetzsche et. al., The Distributed Liability of Distributed Ledgers: Legal Risks of Blockchain, 2018 U. ILL. L. REV. 1361 (2018).

10. Prof. Beyer’s article The Fine Art of Intimidating Disgruntled Beneficiaries with In Terrorem Clauses is cited in the following article: Reid Kress Weisbord, The Governmental Stake in Private Wealth Transfer, 98 B.U.L. REV. 1229 (2018).

11. Prof. Camp’s TaxProf Blog article Lesson from the Tax Court: The Turbo-Tax Defense is cited in the following article: Tax Program Glitches; Tax Court Leniency on Penalties, Interest?, 129 J. TAX’N 46 (2018).

12. Prof. Loewy’s article Rethinking Search and Seizure in a Post-9/11 World is cited in the following article: Emily Berman, A Government of Laws and Not of Machines, 98 B.U.L. REV. 1277 (2018).

13. Prof. Gonzalez’s article The New Batson: Opening the Door of the Jury Deliberation Room After Peña-Rodriguez v. Colorado is cited in the following article: Jason Koffler, Laboratories of Equal Justice: What State Experience Portends for Expansion of the Pena-Rodriguez Exception Beyond Race, 118 COLUM. L. REV. 1801 (2018).


1. Prof. Camp is quoted in the following article: ProPublica seeks IRS tipsters, 15 MLEX US TAX WATCH 20 (October 9, 2018).


1. On October 2nd, Professor Gerry W. Beyer spoke in South Sioux City, Nebraska at a meeting of the Siouxland Estate Planning Council, an interdisciplinary organization composed of attorneys, certified public accounts, trust officers, life insurance specialists, and financial planners. The topic of his presentation and accompanying article was entitled Effects of Legalized Marijuana on Estate Planning. Prof. Beyer first examined these effects in 2016 with his seminal article Puff, the Magic Dragon, and the Estate Planner.

2. On October 5th, Professor Tracy Pearl presented her paper, Compensation at the Crossroads: Autonomous Vehicles & Alternative Victim Compensation Schemes, at Nova Southeastern University’s Shepard Broad College of Law as part of its “Progression 2018: Using Law to Facilitate an Efficacious Innovation Economy” symposium.

3. On October 10th, Professor Gerry W. Beyer spoke at the El Paso Estate Planning Council October meeting. His topic and accompanying paper were entitled Cyber Estate Planning and Administration and included coverage of the Texas Revised Uniform Fiduciary Access to Digital Assets Act and the special steps necessary for planning for individuals who own cryptocurrency.

4. Professor Catherine Christopher presented her paper Normalizing Struggle (on the productive nature of struggling in law school) at the Central States Law Schools Association (CSLSA) 2018 Annual Scholarship Conference in Fort Worth.

5. On October 18th, Professor Jamie Baker presented on the rapidly-evolving ethical duty of technology competence for lawyers to the Ohio Regional Association of Law Libraries (ORALL) annual conference. Read her article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society here.

6. On October 18th, Professor Catherine Christopher presented on blockchain technology and bitcoin to the Lubbock County Women Lawyers monthly luncheon. Her seminal article on the subject, The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking, Bitcoin, and the Blockchain, is available to read here.

7. On October 19th, Professor Gerry W. Beyer was a featured speaker at The 38th Tax & Estate Planning Forum in San Diego, California. The Forum is a nationally recognized provider of legal education seminars and is an approved Legal Education Provider by the California State Bar and other State Bars across the nation. To an audience of over 300 attorneys and other estate professionals, Prof. Beyer presented his paper entitled Cyber Estate Planning and Administration.

8. Professor Victoria Sutton’s documentary The Court Martial of Apache Kid won an “Exceptional Merit” award for docu-drama and the “Excellence” award for the subcategory of “Research” at the Fall 2018 Docs Without Borders Film Festival. The film was also selected for screening at the Show Low International Film Festival in Pinetop, Arizona.

9. At a screening of the documentary Brother Outsider in the Tech Law Library on October 25th, Professor Dwight McDonald shared his thoughts on civil rights leader Bayard Rustin, his personal experience as one of only 5 African Americans in a class of 240, creating the Black Law Student Association chapter at Tech, and today’s civil rights battles for the LGBT community.

10. Professor Jamie Baker was the keynote speaker at the 13th Annual Texas Tech Law Practice Technology CLE on October 25th & 26th. She headed an all-star line-up of Tech Law faculty presentations, including insightful talks by Professors Sally Henry, Nancy Soonpaa, J. Wesley Cochran, Dustin Benham, Alyson Drake, Allison Clayton, Jarod Gonzalez, Charles Bubany, Dwight McDonald, Donnie Yandell, and Larry Spain. A full list of the CLE’s programs and presenters can be found here.

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