February 2019 Law Faculty Publications & News

Throughout the month of February, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for February 1st to February 28th, 2019.

Books & Treatises




1. Richard W. Murphy, Chenery’s Contemporaneous Rationale Principle and Chenery Cheating, ADMIN. & REG. L. NEWS 20 (2018).

2. Gerry W. Beyer, Cryptocurrency—What Estate Planners Need to Know, EST. PLAN. DEV. FOR TEX. PROF., Feb. 2019, at 1.


1. Arnold Loewy & Charles Moster, It’s Debatable: When is it OK to shut down the federal government?, LUBBOCK AVALANCHE-J (Feb. 3, 2019 at 1:01 a.m.), https://www.lubbockonline.com/news/20190203/its-debatable-when-is-it-ok-to-shut-down-federal-government/1.

2. Arnold Loewy & Charles Moster, It’s Debatable: Does southern border issue rise to level of national emergency?, LUBBOCK AVALANCHE-J (Feb. 17, 2019 at 1:01 a.m.), https://www.lubbockonline.com/news/20190217/its-debatable-does-southern-border-issue-rise-to-level-of-national-emergency.


1. Prof. Robert Sherwin’s article Evidence? We Don’t Need No Stinkin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens to Defang a Popular and Powerful Weapon Against Frivolous Litigation is cited in the following article: Julio Sharp-Wasserman, Section 230(c)(1) of the Communications Decency Act and the Common Law of Defamation: A Convergence Thesis, 20 COLUM. SCI. & TECH. L. REV. 195 (2018).

2. Prof. Tracy Pearl’s article Fast & Furious: The Misregulation of Driverless Cars is cited in the following article: Lawrence J. Trautman, How Google Perceives Customer Privacy, Cyber, E-Commerce, Political and Regulatory Compliance Risks, 10 WM. & MARY BUS. L. REV. 1 (2018).

3. Prof. Casto’s article America’s First Independent Counsel: The Planned Criminal Prosecution of Chief Justice John Jay is cited in the following article: John C. Yoo, The Executive Power of Reversal, 42 HARV. J.L. & PUB. POL’Y 59 (2019).

4. Prof. Murphy’s article Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Kate Andrias, An American Approach to Social Democracy: The Forgotten Promise of the Fair Labor Standards Act, 128 YALE L.J. 616 (2019).

5. Prof. Gonzalez’s article At the Intersection of Religious Organization Missions and Employment Laws: The Case of Minister Employment Suits is cited in the following article: Charles A. Sullivan, Clergy Contracts, 22 EMP. RTS. & EMP. POL’Y J. 371 (2018).

6. Prof. Camp’s article Tax Administration as Inquisitorial Process and the Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998 is cited in the following article: Alexandra D. Lahav & Peter Siegelman, The Curious Incident of the Falling Win Rate: Individual vs System-Level Justification and the Rule of Law, 52 U.C. DAVIS L. REV. 1373 (2019).

7. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Seth Katsuya Endo, Discovery Hydraulics, 52 U.C. DAVIS L. REV. 1319 (2019).

8. Prof. Beyer’s articles The Will Execution Ceremony and Avoiding the Estate Planning “Blue Screen of Death”: Common Non-Tax Errors and How to Prevent Them are cited in the following article: Megan McIntyre, I Knew Him As My Daughter: The Impact of Gender Changes on Sex-Based Benefits from Class Gifts, 11 EST. PLAN. & COMMUNITY PROP. L.J. 191 (2018).

9. Prof. Beyer’s article Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns is cited in the following article: Raymond C. O’Brien, Equitable Relief for ERISA Benefit Plan Designation Mistakes, 67 CATH. U.L. REV. 433 (2018).

10. Prof. Camp’s article More on the Successful Challenge to the Anti-Inversion Regulations is cited in the following article: Stephanie Hunter McMahon, Tax As Part of A Broken Budget: Good Taxes Are Good Cause Enough, 2018 MICH. ST. L. REV. 513 (2018).

11. Prof. Christopher’s article Whack-a-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Laundering is cited in the following article: Lawrence J. Trautman, Bitcoin, Virtual Currencies, and the Struggle of Law and Regulation to Keep Pace, 102 MARQ. L. REV. 447 (2018).

12. 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: Lauren Madison, Substantive Due Process As Recourse for Flint Water Crisis Plaintiffs, 64 WAYNE L. REV. 531 (2019).

13. Prof. Shannon’s article Incompetency to be Executed: Conditions Ethical Challenges & Time for A Change in Texas is cited in the following article: Chinyerum N. Okpara, Forced into Execution: Involuntarily Medicating Mentally Ill Inmates to Achieve Competency for Execution, 43 T. MARSHALL L. REV. ONLINE 2 (2019).

14. 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: Judd Campbell, The Invention of First Amendment Federalism, 97 TEX. L. REV. 518 (2019).

15. 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 et. al., Legal Deserts: A Multi-State Perspective on Rural Access to Justice, 13 HARV. L. & POL’Y REV. 15 (2018).

16. Prof. Robert Sherwin’s article Ambiguity in Anti-SLAPP Law and Frivolous Litigation is cited in the following article: Lauren Bergelson, The Need for A Federal Anti-SLAPP Law in Today’s Digital Media Climate, 42 COLUM. J.L. & ARTS 213 (2019).


1. Prof. Loewy is quoted in the following article: Emma Sipple, Shield law on federal level discussed by experts, DAILY TOREADOR (Feb. 24, 2019), http://www.dailytoreador.com/news/shield-law-on-federal-level-discussed-by-experts/article_31bd65b2-388a-11e9-b9af-77296678ad7a.html.


1. On February 6th, Professor Dwight McDonald kicked off this year’s Black History Month Lecture Series with a presentation entitled Why Black History is American History. The talk focused on the cultural, scientific, political, and economic contributions of African Americans, and how these contributions are simultaneously worthy of independent celebration and inextricably woven into a singular American story.

2. On February 8th, Professor Gerry Beyer was an invited speaker at the 2019 Mid-Year Meeting of the Arkansas Bar Association in Little Rock. Attendees were treated to presentations on Cyber Estate Planning and Administration and Anticipating Wills Contests and How to Avoid Them. Prof. Beyer also prepared extensive articles on both topics to accompany his presentations.

3. On February 13th, Professor Gerry Beyer gave a presentation for the Osher Lifelong Learning Institute in Lubbock, Texas. His presentation was entitled What Do You Desire? Will Bequests: A Person’s Last Chance to be Creative!

4. On February 21st, Professor Gerry Beyer was a speaker for the South Plains Trust and Estate Council in Lubbock. To a multi-disciplinary audience of attorneys, CPAs, trust officers, financial planners, life insurance specialists, and Tech law students, Prof. Beyer presented his paper entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.

5. On February 22nd, Professor Gerry W. Beyer travelled to Abilene to give a presentation for the Osher Lifelong Learning Institute. His presentation was entitled What Do You Desire? Will Bequests: A Person’s Last Chance to be Creative!

6. On February 23rd-24th, Professor Victoria Sutton conducted a “Biohacker Legal Clinic” at the BDYHX 2019 Conference in Austin. BDYHX is a conference covering the topics of human augmentation, transhumanism, and biohacking.

7. On February 26th, Professor Gerry Beyer was a speaker for a national webinar co-sponsored by the American Law Institute and the American College of Trust and Estate Counsel. Speaking alongside Bruce Stone and Suzanne Brown Walsh, the panel was entitled Technology and Estate Planning: The Rise of the Electronic Will.

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