September 2020 Law Faculty Publications & News

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

Articles, Essays, and Reviews

1. Brian D. Shannon, Texas Mental Health Legislative Reform: Significant Achievements with More to Come, 53 Tex. Tech L. Rev. Online Ed. 1 (2020).

2. Gerry W. Beyer, Keeping Current—Probate, Prob. & Prop., at 32 (Sept. /Oct. 2020).

Op-Eds

1. Prof Loewy, It’s debatable: As internal pressure builds, is America’s days as a republic nearing an end?, Lubbock-Avalanche J. (Sept 20, 2020 at 12:01 am); available at https://www.lubbockonline.com/opinion/20200920/itrsquos-debatable-as-internal-pressure-builds-is-americarsquos-days-as-republic-nearing-end.

Citations

1. Prof. Cochran’s article It Takes Two To Tango!: Problems With Community Property Ownership Of Copyrights And Patents In Texas is cited in the following practice series: Thomas A. Jacobs, § 6.8. Professional accounts receivables, 4 Ariz. Prac., Community Property Law § 6.8 (3d ed.) (September 2020 Update).

2. 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 Brie Sherwin’s article Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, And State Exceptionalism Failed Flint, Michigan is cited in the following article: Erin M. Hodgson, Thirsty For Justice: How The Flint Water Crisis Highlights The Insufficiency Of The Citizen Suit Provision Of The Safe Drinking Water Act, 44 S. Ill. U. L.J. 347 (2020).

3. Prof. Loewy’s book Criminal Law in a Nutshell is cited in the following treatise: Michael B. Mushlin, Rights of Prisoners § 3:39. If force is justified, under what circumstances is its application excessive?, (September 2020 Update).

4. 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 the following book: Arthur R. Miller & Charles Alan Wright, Federal Practice & Procedure (2020 Update).

5. Prof. Murphy’s article Separation of Powers and the Horizontal Force of Precedent is cited in the following article: Charles W. Tyler, The Adjudicative Model of Precedent, 87 U. Chi. L. Rev. 1551 (2020).

6. Prof. Beyer’s article Estate Planning in the Digital Age is cited in the following book: Mary F. Radford, Georgia Guardianship and Conservatorship (September 2020 Update).

7. Prof. Chiappinelli’s article The Moral Basis of State Corporate Law Disclosure is cited in the following book: Mark A. Sargent & Dennis R. Honabach, D&O Liability Handbook, (September 2020 Update).

8. Prof. Murphy’s article Constraining White House Political Control of Agency Rulemaking through the Duty of Reasoned Explanation is cited in the following article: Daniel A. Farber, Exceptional Circumstances: Immigration, Imports, The Coronavirus, and Climate Change as Emergencies, 71 Hastings L.J. 1143 (2020).

9. Prof. Murphy’s article Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: Stephanie Hunter McMahon, The Perfect Process Is the Enemy of the Good Tax: Tax’s Exceptional Regulatory Process, 35 Va. Tax Rev. 553 (2020).

10. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: article Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: Stephanie Hunter McMahon, The Perfect Process Is the Enemy of the Good Tax: Tax’s Exceptional Regulatory Process, 35 Va. Tax Rev. 553 (2020).

11. Prof. Murphy’s article Tax Havens, Secrecy Jurisdictions and the Breakdown of Corporation Tax is cited in the following article: Matthew S. Erie, The New Legal Hubs: The Emergent Landscape Of International Commercial Dispute Resolution, 60 Va. J. Int’l L. 225 (2020).

12. 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 practice series: Thomas A. Jacobs, § 7:16. Adoption tax credit, 5 Ariz. Prac., Juv. Law & Practice § 7:16 (September 2020 Update).

13. Prof. Christopher’s article Eye of the Beholder: How Perception Management Can Counter Stereotype Threat among Struggling Law Students is cited in the following article: Raul Ruiz, Leveraging Noncognitive Skills to Foster Bar Exam Success: An Analysis of the Efficacy of the Bar Passage Program at FIU Law, 99 Neb. L. Rev. 141 (2020).

14. Prof. Loewy’s article Statutory Rape in a Post Lawrence V. Texas World is cited in the following article: Asaf Harduf, Statutory (Is Not) Rape: Reshaping the Criminalization of Underage Sex, and Beyond, 56 No. 5 Crim. Law Bulletin ART 4 (2020).

15. Prof. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look is cited in §§ 12:3 & 12:4 of The Illinois Civil Jury Instructions Companion Handbook (September 2020 Update).

Quotes

1. Prof Humphrey is quoted in the following article: Adán Rubio & Ryan McCullar, Law School Deans Reflect on COVID-19 Impact, The Daily Toreador (September 16, 2020), available at http://www.dailytoreador.com/news/law-school-deans-reflect-on-covid-19-impact/article_9f72f54a-f88c-11ea-aba4-7b7c854390f4.html.

News

1. On September 3, 2020, Prof. Gerry W. Beyer presented a virtual CLE for the Hidalgo County Bar Association. His topic and accompanying article were entitled COVID-19 and the Estate Planner, and he discussed the challenges of providing estate planning services in light of stay-at-home orders and social distancing, with emphasis on how to have clients execute legally binding documents remotely.

2. Prof. Gerry W. Beyer recently served as one of the seven judges of the Mary Moers Wenig Student Writing Competition, a national competition focusing on estate planning topics sponsored by the American College of Trust and Estate Council Foundation.

3. On September 15, 2020, Prof. Gerry W. Beyer was featured on a podcast called American College of Trust and Estate Council, Trust and Estate Talk, Ante-Mortem Probate as the Ultimate Will Contest Prevention Technique. It is available at https://actecfoundation.org/podcasts/ante-mortem-probate-premortem-probate/.

4. On September 16, 2020, Prof. Gerry W. Beyer was invited to participate as a speaker in the E-Texas Advanced Paralegal CLE All Star webinar sponsored by the Paralegal Division of the State Bar of Texas. His presentation and article entitled Case Law Update focused on recent judicial developments in the Texas appellate courts dealing with intestate succession, wills, estate administration, trusts, and related estate planning issues.

5. At the Fall meeting of the Real Estate, Probate, & Trust Law Council of the State Bar of Texas on September 18, 2020, Prof. Gerry W. Beyer was reappointed as the Editor-in-Chief of the REPTL Reporter, the official publication of the REPTL Section of the State Bar of Texas, the largest of the State Bar sections.

6. On September 25, 2020, Prof. Gerry W. Beyer was the DeMallie Award Winner speaker the Conner-Zaritsky 41st Annual Advanced Estate Planning and Administration Seminar, a two-day program sponsored by the Virginia Law Foundation. His topic and accompanying paper were entitled Cyber Estate Planning and Administration. Prof. Beyer’s past awards include the DeMallie Award in both 2015 and 2017 after being voted by the attendees as being the speaker with the best presentation.

7. Prof. Sutton’s poster entitled “Xenobots, a New Life Form, a New Robot” is currently being presented at the We, Robot 2020 conference that is virtually in Ottawa, Canada. The focus is on how these new life forms might be regulated for security purposes in international law. The poster is available at https://techlaw.uottawa.ca/werobot/posters.

8. Prof. Sutton’s documentary The Court Martial of Apache Kid became an official selection of the Four Corners Film Festival. This accomplishment is accompanied by an article in Texas Tech Today. The article is available at https://today.ttu.edu/posts/2020/01/Stories/sutton-documentary.

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