February 2020 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 29th, 2020.

Books & Treaties

1. Gerry W. Beyer, James M. Kosakow, & Myron Kove, Revocable Trusts (5th ed. Supp. Dec. 2019).

Articles

1. Bryan T. Camp, New Thinking About Jurisdictional Time Periods in the Tax Code, 73 Tax Law. 1 (2019).

2. Stephen T. Black, Cyberdamages, 36 Santa Clara High Tech. L.J. 1 (2020).

3. Jarod S. Gonzalez, On the Edge: The ADA’s Direct Threat Defense and The Objective Reasonableness Standard, 103 Marq. L. Rev. 513 (2019).

Op-Ed

1. Arnold Loewy & Charles Moster, It’s debatable: Would corporal punishment have an impact on crime stats?, Lubbock Avalanche-J. (Feb. 2, 2020 at 6:01 am); https://www.statesman.com/news/20200202/its-debatable-would-corporal-punishment-have-impact-on-crime-stats.

2. Arnold Loewy & Charles Moster, It’s debatable: Does President Trump deserve a second term?, Lubbock Avalanche-J. (Feb. 23, 2020 at 12:01 am); https://www.lubbockonline.com/news/20200223/its-debatable-does-president-trump-deserve-second-term.

Citations

1. Prof. Black’s article Psst! Wanna Buy a Bridge? IP Transfers of Non-Existent Property is cited in the following article: Usha R. Rodrigues, Financial Contracting with the Crowd, 69 Emory L.J. 397 (2019).

2. Prof. Beyer’s article Technology’s Impact on the Changing Future of the Trusts and Estate Practice was cited in the following article: Janet Colliton, PLANNING AHEAD: Could your future will be in the cloud?, The Mercury (Feb. 5, 2020).

3. Prof. Beyer’s article Reactions to Discretionary Trusts: An Update by Richard C. Ausness is cited in the following article: Jacob L. Geiermann, Discretionary Dilemma, 34-FEB Prob. & Prop. 40 (2020).

4. Prof. Metze’s article Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial is cited in the following article: Constraining Strickland, 7 Tex. A&M L. Rev. 351 (2020).

5. Prof. Beyer’s work in Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? is cited in the following article: Natalie M. Banta, Electronic Wills and Digital Assets: Reassessing Formality in the Digital Age, 71 Baylor L. Rev. 547 (2019).

6. Prof. Robert T. Sherwin’s work in The Changing Landscape of the Texas Citizens Participation Act is cited in the following article: Joseph F. Cleveland, Jr.,, J. Heath Coffman & Kevin C. Smith, A Practitioner’s Guide to the Texas Uniform Trade Secrets Act, 48-FALL Tex. J. Bus. L. 30 (2019).

7. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State is cited in the following treaties: Charles H. Koch, Jr. & Richard Murphy, 1 Admin. L. & Prac. § 2:13 (3rd ed. 2020).

8. Prof. Chiappinelli’s book Case and Materials on Business Entities is cited in the following article: Ann M. Scarlett, The Benefits of Integrating Entrepreneurship Into Business Associations, 59 St. Louis U. L.J. 711 (2015).

9. Prof. Casto’s article The First Congress’s Understanding of Its Authority over the Federal Courts’ Jurisdiction is cited in the following article: Executive Adjudication of State Law, 133 Harv. L. Rev. 1404 (2020).

10. 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 the following treaties: Thomas A. Jacobs, 5 Ariz. Prac., Juv. Law & Practice § 7:16 (2019).

11. 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: Shea Flanagan, Decisions in the Dark: Why “Pregnancy Exclusion” Statutes are Unconstitutional and Unethical, 114 Nw. U. L. Rev. 969 (2020).

12. Prof. Beyer’s work in Estate Planning for Digital Assets is cited in the following article: Major Jonathan C. Siegler, Assisting Legal Assistance Clients with Digital Estates, 2019-4 Army Law. 33 (2019).

13. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Michael Gentithes, App Permissions and the Third-party Doctrine, 59 Washburn L.J. 35 (2020).

14. Prof. Casto’s book Oliver Ellsworth and the Creation of the Federal Republic is cited in the following article: Jamison E. Colburn, Don’t go in the Water: On Pathological Jurisdiction Splitting, 39 Stan. Envtl. L.J. 3 (2019).

15. Prof. Casto’s article The First Congress’s Understanding of its Authority over the federal Courts’ Jurisdiction is cited in the following article: Executive Adjudication of State Law, 133 Harv. L. Rev. 1404 (2020).

16. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Zakary A. Drabczyk, Share with Caution: The Dangers Behind Sharing Orders, 65 Wayne L. Rev. 401 (2020).

17. Prof. Chiappinelli’s work in Jurisdiction over Directors and Officers in Delaware is cited in the following article: Megan W. Shaner, The Corporate Chameleon, 54 U. Rich. L. Rev. 527 (2020).

18. Prof. Chiappinelli’s article The Underappreciated Importance of Personal Jurisdiction in Delaware’s Success is cited in the following article: Megan W. Shaner, The Corporate Chameleon, 54 U. Rich. L. Rev. 527 (2020).

19. Prof. Beyer’s work in Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? is cited in the following article: Paige Hall, Welcoming E-Wills into the Mainstream: The Digital Communication of Testamentary Intent, 20 Nev. L.J. 339 (2019).

20. Prof. Beyer’s work in Sign on the [Electronic] Dotted Line: The Rise of the Electronic Will is cited in the following article: Paige Hall, Welcoming E-Wills into the Mainstream: The Digital Communication of Testamentary Intent, 20 Nev. L.J. 339 (2019).

21. Prof. Beyer’s article Videotaping the Will Execution Ceremony-Preventing Frustration of the Testator’s Final Wishes is cited in the following article: Paige Hall, Welcoming E-Wills into the Mainstream: The Digital Communication of Testamentary Intent, 20 Nev. L.J. 339 (2019).

22. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Zakary A. Drabczyk, Share with Caution: The Dangers Behind Sharing Orders, 65 Wayne L. Rev. 401 (2020).

23. Prof. Murphy’s article A “New” Counter-Marbury: Reconciling Skidmore Deference and Agency Interpretive Freedom is cited in the following article: Aaron P.B. White, Using Skidmore to Dance Around the Chevron Two-Step: “Sinclair Wyoming Ref. Co. v. U.S. EPA, 46 Mitchell Hamline L. Rev. 201 (2019).

24. Prof. Loewy’s article Rethinking Search and Seizure in a Post-9/11 World is cited in the following article: Emily Berman, Individualized Suspicion in the Age of Big Data, 105 Iowa L. Rev. 463 (2020).

25. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Seth Katsuya Endo, Contracting for Confidential Discovery, 53 U.C. Davis L. Rev. 1249 (2020).

26. 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: Ryan D. Brown, Winning the Waiting Game: How Oklahoma Can Rectify the Discrepancy Between Its No-Impeachment Rule and Peña-Rodriguez v. Colorado, 72 Okla. L. Rev. 403 (2020).

27. Prof. James’ article The African-American Church, Political Activity, and Tax Exemption is cited in the following article: Jonathan C. Augustine, And When Does the Black Church Get Political?: Responding in the Era of Trump and Making the Black Church Great Again?, 17 Hastings Race & Poverty L.J. 88 (2020).

28. Prof. Loewy’s article Rethinking Search and Seizure in a Post-9/11 World is cited in the following article: Emily Berman, Individualized Suspicion in the Age of Big Data, 105 Iowa L. Rev. 463 (2020).

29. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Michael Gentithes, Articles and Essay on the Fourth Amendment: App Permissions and the Third-Party Doctrine, 59 Washburn L.J. 35 (2020).

30. Prof. Murphy’s work in Eight Things Americans Can’t Figure Out About Controlling Administrative Power is cited in the following article: Ryan Mitchell, Non-Legislative Rules Need Scrutiny Too: The Curious Case of the Appropriate Care Standard, 26 Hastings W. N.W. J. Env. L. & Pol’y 47 (2020).

31. Prof. Camp’s article Lesson for Tax Day: When Tax Prep Software Gets It Wrong is cited in the following article: Susan C. Morse, When Do Tax Compliance Robots Follow the Law?, 1 Ohio State Technology L.J. (2020).

32. Prof. Camp’s article Tax Administration as Inquisitorial Process and the Partial Paradigm Shift in the IRS Resct4ructing and Reform Act of 1998 is cited in the following article: Susan C. Morse, When Do Tax Compliance Robots Follow the Law?, 1 Ohio State Technology L.J. (2020).

News

1. On February 4, 2020, Professor Sutton, a member of the Texas Task Force for Infectious Diseases, participated in the first meeting of the year and a closed session update on the coronavirus.

2. On February 7, 2020, Professor Beyer was an invited speaker for the Osher Lifelong Learning Institute in Abilene, Texas. His presentation was entitled Estate Planning 101, and another other things, covered the essential documents everyone should execute to have an effective estate plan.

3. Professor Benham has been awarded by the Texas Tech University 2020 Chancellor’s Council Distinguished Teaching Award.

4. On February 14, 2020, Professor Beyer was invited speak at the Docket Call in Probate Court seminar in San Antonio, Texas sponsored by the San Antonio Estate Planners Council. Professor Beyer presented his paper entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.

5. Professor Tracy Pearl was a featured guest on Wealthy Woman Lawyer Podcast. You can listen to the episode below: https://www.wealthywomanlawyer.com/2020/02/11/tracy-pearl-alternative-career-law-professor-and-researcher/.  

6. On March 12th, Associate Dean Humphrey will be recognized as one of the 2020 Women of Excellence by the YWCA.

7. On February 24, 2020, Professor Beyer’s blog The Wills, Trust, and Estates Prof Blog, received its 10,000,000th page view. The blog is the 18th most popular legal blog in the nation and the number one ranked Estate Planning blog. In 2015 the American Bar Association induced the blog into the Blawg 100 Hall of Fame.

8. On February 20, 2020, Professor Beyer was the speaker for the monthly meeting of the South Plains Trust and Estate Council in Lubbock. He presented his paper entitled Aiming High and Getting High: Estate Planning for Guns and Marijuana.

9. On February 28, 2020, Professor Beyer was a speaker at the 12th Annual Estate Planning & Community Property Law Journal CLE & Expo held at the Texas Tech University School of Law. Professor Beyer presented his paper entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice.

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