July 2020 Law Faculty Publications & News

Throughout the month of July, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for July 1st to July 30th, 2020.

Articles, Essays, and Reviews

1. Catherine M. Christopher, Normalizing Struggle, 73 Ark. L. Rev. 27 (2020).

2. Victoria Sutton, Native Americans and Discriminatory Administration with Facially Neutral Rules, Yale Journal on Regulation (2020).

3. Victoria Sutton, Native American Exclusion as a Form of Paper Genocide, Law School Survey of Student Engagement (2020).

4. Jamie Baker, Michelle Hudson, & Jessica Panella, Developing AllStAR with Community Participation, AALL Spectrum (2020).

5. Richard Murphy, Federal Practice and Procedure,FPP (July 2020 Update).

6. Victoria Sutton, Asynchronous, E-Learning in Legal Education: A Comparative Study with the Traditional Classroom, Syracuse Law Review (2020).

7. Nancy Soonpaa, Six Fresh Ideas For A Class Day That Is Looking Stale, Second Draft (2020).

Op-Eds

1. Arnold Loewy & Charles Moster, It’s debatable: Penalize Parents Who Ignore Public Health Mandates and Put Children at Risk? Lubbock-Avalanche J. (Jul 12, 2020 at 12:01 am); available at https://www.lubbockonline.com/opinion/20200712/itrsquos-debatable-penalize-parents-who-ignore-public-health-mandates-and-put-children-at-risk.

Citations

1. Prof. Chiapinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro, is cited in the following article: Charles W. Rhodes, Cassandra Burke Robertson, A New State Registration Act: Legislating a Longer Arm for Personal Jurisdiction, 57 Harv. J. on Legis. 377 (2020).

2. Prof. James’ article No Help for the Helpless: How the Law Has Failed To Serve and Protect Persons Suffering from Alzheimer’s Disease is cited in the following article: Susan Greene, Through The Guardianship Looking Glass: A Personal Perspective on Conflicting Commitments, 28 Elder L.J. 1 (2020).

3. Prof. James’ article No Help for the Helpless: How the Law Has Failed To Serve and Protect Persons Suffering from Alzheimer’s Disease is cited in the following article: Nicole DiOrio, The State of Confusion: Resolving First- And Third-Person Liability Caused By Dementia Patients, 28 Elder L.J. 109 (2020).

4. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look”, is cited in the following article: John M. Golden, Judicial Policing of Patent Damages Experts, 98 Tex. L. Rev. 1307 (2020).

5. Prof. Benham’s article Tangled Incentives: Proportionality and the Market for Reputation Harm is cited in the following article: Jeffrey Steven Gordon, Silence for Sale, 71 Ala. L. Rev. 1109 (2020).

6. 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: TaQuira Thompson, Restoring Control: Get Those Lead Pipes Outta Here, 8 LSU J. Energy L. & Resources 703 (2020).

7. Prof. Murphy’s book Administrative Law and Practice is cited in the following article: John Patrick Hunt, Consent to Student Loan Bankruptcy Discharge, 95 Ind. L.J. 1137 (2020).

8. Prof. James’ article The African American Church, Political Activity, and Tax Exemption, is cited in the following article: Jonathan C. Augustine, A Theology of Welcome: Faith Based Considerations of Immigrants as Strangers in a Foreign Land, 19 Conn. Pub. Int. L.J. 245 (2020).

9. 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 § 5:2(c)(4)of the July update to the Iowa Practice Series, 16 IAPRAC § 5:2(c)(4) (July 2020 Update).

10. Prof. Chiapinelli’s article How Delaware’s Corporate Law Monopoly was Nearly Destroyed, is cited in the following article: Victoria Barnes, What Were Shareholder Rights in the Wake of the American Revolution?, 19 Fla. St. U. Bus. Rev. 131 (2020).

11. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse, is cited in the following article: Zachary Blair, Gubernatorial Impoundment: An Implied Solution for a Budgeting Challenge, 53 Colum. J.L. & Soc. Probs. 579 (2020).

12. Prof. Chiapinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro, is cited in the following article: Aaron D. Simowitz, Jurisdiction as Dialogue, 52 N.Y.U. J. Int’l L. & Pol. 485 (2020).

13. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse, is cited in the following article: Daisy Contreras, The End of “Sanctuary Cities” or The End of Separation of Powers?: An Analysis of the Executive Branch’s Misuse of the Spending Power to Crack Down on Sanctuary Cities, 52 Tex. Tech L. Rev. 847 (2020).

14. Prof. Huffman’s essay A Short Comparison of Military Leadership with Law School Leadership—More Similarities than Differences? is cited in the following speech: Lieutenant General Charles N. Pede, Remarks on Being a Good Lawyer, 52 Tex. Tech L. Rev. 837 (2020).

15. 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: Brian K. Leonard, Where Do We Go From Here: Obsolescence or Resurgence: An Analysis of the Continued Viability of the U.S. Supreme Court in Contemporary America, 12 Elon L. Rev. 362 (2020).

16. Prof. Brie Sherwin’s The Upside Down: A New Reality for Science at the EPA and its Impact on Environmental Justice is cited in the July 2020 update to Rodgers Environmental Law Second Edition Chapter 34, The Honest and Open New EPA Science Treatment Act of 2017 and the Attacks on Science: The Designed Destruction of the U.S. EPA, ENVIRLAW § 34:8 (2020).

17. Prof. Brie Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid: A Story of Unfettered Secrecy, Toxicology, and The Resulting Public Health Implications of Natural Gas Development is cited in §31:6 of William H. Rogers Jr.’s Environmental Law, Second Edition (2020 Update).

18. Prof. Watts’ article A Confused Sea: Vicarious Liability for Punitive Damages under Maritime Law is cited in §5:10 of Thomas Schoenbaum’s Admiralty and Maritime Law (2020 Update).

News

1. Prof. Gerry W. Beyer’s posting on his Wills, Trusts, & Estates Prof Blog entitled Netflix sued over ‘Enola Holmes’ movie for copyright infringement by Sir Arthur Conan Doyle estate was named to the Top 10 on Texas Bar Today for the week of July 6, 2020. Prof. Beyer gives recognition to his assistant, Trevor Shoels, for his assistance in drafting this posting.

2. The United States Bankruptcy Court for the Southern District of Texas in In re Whitcomb, No. 17-31692, 2020 WL 3272731 (June 17, 2020), relied on Prof. Beyer’s research to explain how Texas law is designed to protect homesteads, citing 39 Aloysius A. Leopold & Gerry W. Beyer, Marital Property and Homesteads § 27.11 (2019).

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