August 2020 Law Faculty Publications & News

Throughout the month of August, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for August 1 to August 31, 2020.

Articles, Essays, and Reviews

1. Sally McDonald Henry, Ordin on Contesting Confirmation, 7th Edition, (2020 Supplement).

2. Gerry W. Beyer, Texas Law of Wills (2020 ed.) (Volumes 9 & 10 of the Texas Practice Series).

3. Gerry W. Beyer, Beyer’s Texas Property Code Annotated (2020 ed.).

4. Gerry W. Beyer, Probate and Decedent’s Estates (2020 Supplements to Volumes 17 & 18 of the Texas Practice Series).

5.Gerry W. Beyer, Recent Judicial Developments, Est. Plan. Dev. for Tex. Prof., Aug. 2020, at 1.

6. Gerry W. Beyer, Keeping Current—Probate, Prob. & Prop., July/Aug. 2020, at 25 (editor).

Op-Eds

1. Arnold Loewy & Charles Moster, It’s debatable: Should presidential candidates of a certain age be screened for cognitive impairment? Lubbock-Avalanche J. (Aug 9, 2020 at 12:01 am); available at https://www.lubbockonline.com/opinion/20200809/itrsquos-debatable-should-presidential-candidates-of-certain-age-be-screened-for-cognitive-impairment.

Citations

1. Prof. Camp’s article Dual Construction of Rico: The Road Not Taken in Reves is cited in the following article: Julian R. Murphy, A Tale of Two Canons: Can A Federalism Canon Succeed Where Lenity Has Failed to Limit Federal Criminal Laws?, 8 Va. J. Crim. L. 60 (2020).

2. Prof. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look is cited in § 8:8 of the Federal Jury Practice and Instructions (August 2020 Update).

3. 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: Daniel J. Wright, The Orphaned Right: How A San Diego Resident Might Have Saved Second Amendment Liberty–Peruta V. California, 137 S. Ct. 1995 (2017), 32 Regent U. L. Rev. 387 (2020).

4. Prof. Casto’s article The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth is cited in the following article: Hon. Mark C. Dillon, U.S. Chief Justice John Jay: When All Judges Were Originalists, 15 Jud. Notice 20 (2020).

5. Prof. Brie Sherwin’s article After the Storm: The Importance of Acknowledging Environmental Justice in Sustainable Development and Disaster Preparedness is cited in the following article: Andrea Giampetro-Meyer & Nancy Kubasek, Harvey: Environmental Justice and Law, 31 Fordham Envtl. L. Rev. 37 (2020).

6. Prof. Gonzalez’s article A Tale of Two Waivers: Waiver of the Jury Waiver Defense under the Federal Rules of Civil Procedure is cited in § 2321 of Wright & Miller’s Federal Practice and Procedure (August 2020 Update).

7. Prof. Beyer’s articles Videotape and the Probate Process: The Nexus Grows, and Videotaping The Will Execution Ceremony–Preventing Frustration Of The Testator’s Final Wishes are cited in the following article: Thaddeus Mason Pope, Video Advance Directives: Growth and Benefits of Audiovisual Recording, 73 SMU L. Rev. 163 (2020).

8. Prof. Beyer’s articles Statutory Will Methodologies—Incorporated Forms Vs. Fill-In Forms: Rivalry Or Peaceful Coexistence?, and Statutory Fill-In Will Forms–The First Decade: Theoretical Constructs And Empirical Findings are cited in the following article: David Horton, Do-It-Yourself Wills, 53 U.C. Davis L. Rev. 2357 (2020).

9. Prof. Outenreath’s article Cheers! Ending Quill … What Can Be Learned from the Wine Industry is cited in the following article: Kathryn Kisska-Schulze, Corey Ciocchetti, & Ralph Flick, Case Baiting, 57 Am. Bus. L.J. 321 (2020).

10. Prof. Beyer’s article Trusts and Estates Practice into the Next Millennium is cited in the following article: Lee-ford Tritt, Litigation Blues For Red-State Trusts: Judicial Construction Issues For Wills And Trusts, 72 Fla. L. Rev. 841 (2020).

11. Prof. Murphy’s article Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Kate Webber Nunez, Persuasive or Pipe Dream? The Potential Influence of the Feminist Judgments Project on Future Judicial Decision Making, 9 Brit. J. Am. Legal Stud. 323 (2020).

12. Prof. Casto’s articles Advising Presidents: Robert Jackson and the Destroyers-For-Bases Deal and Attorney General Robert Jackson’s Brief Encounter with the Notion of Preclusive Presidential Power are cited in the following article: Louis Fisher, Sources And Limits For Presidential Power: Perspectives Of Robert H. Jackson, 83 Alb. L. Rev. 441 (2020).

13. Prof. Murphy’s publication Eight Things Americans Can’t Figure Out About Controlling Administrative Power is cited in the following article: Ronald A. Cass, Motive And Opportunity: Courts’ Intrusions Into Discretionary Decisions Of Other Branches–A Comment On Department Of Commerce V. New York, 27 Geo. Mason L. Rev. 401 (2020).

14. Prof. Christopher’s article Mobile Banking: The Answer For The Unbanked In America? is citing in the following article: Carol R. Goforth, The Case For Preempting State Money Transmission Laws For Crypto-Based Businesses, 73 Ark. L. Rev. 301 (2020).

15. Prof. Sutton’s article Asynchronous, E-Learning in Legal Education: A Comparative Study with the Traditional Classroom is cited in the following article: Nina A. Kohn, Online Learning And The Future Of Legal Education: Symposium Introduction, 70 Syracuse L. Rev. 1 (2020).

16. Prof. Beyer’s article Ante-Mortem Probate: A Viable Alternative is cited in the following article: Katheleen Guzman, Wills Speak, 85 Brook. L. Rev. 647 (2020).

Quotes

1. Prof. Camp is quoted in the following article: Dylan Moroses, Justices Told Microcaptive Insurer Can’t Challenge IRS Rule, 2020 Law360 225-25.

2. Prof. Loewy’s article Rethinking Government Neutrality Towards Religion Under The Establishment Clause: The Untapped Potential Of Justice O’Connor’s Insight is quoted in the following article: M. Allison Hyde, American Legion V. American Humanist Ass’n: Exempting Longstanding Governmental Religious Displays From Establishment Clause Scrutiny And How The Endorsement Test Could Have Prevented It, 79 Md. L. Rev. 836 (2020).

News

1. Prof. Beyer was recently notified that he was appointed as the Probate and Property Magazine Keeping Current Probate Editor by the Chair-Elect of the American Bar Association Section of Real Property, Trust and Estate Law, Stephanie Loomis-Price.

2. Throughout July and August, Prof. Beyer gave the following virtual presentations for the Texas Association of Counties: Probate Overview – Part 1, Probate Overview – Part 2, What Every Judge and Clerk Needs to Know about Texas Intestate Succession, Texas Wills Law – Part 1, Texas Wills Law – Part 2, Appellate Case Law Update, Heirship Proceedings.

3. On August 21, 2020, Prof. Gerry W. Beyer was a virtual speaker at the 2020 Annual Meeting of the Texas College of Probate Judges. His presentation and accompanying paper were titled Recent Cases: Intestacy, Wills, and Trusts.

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