October 2020 Law Faculty Publications & News

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

Articles, Essays, and Reviews

1. Brian Shannon, Texas Mental Health Legislative Reform: Significant Achievements With More To Come, 53 Tex. Tech L. Rev. Online Edition 1 (2020).

2. Gerry W. Beyer, Wills & Trusts, 6 SMU Annual Tex. Survey 409 (2020).

Op-Eds

1. Prof. Loewy, Would Making Lubbock a ‘Sanctuary City’ Pass Constitutional Muster?, Lubbock Avalanche-Journal (October 4, 2020; 12:00a) https://www.lubbockonline.com/story/opinion/columns/2020/10/04/would-making-lubbock-rsquosanctuary-cityrsquo-pass-constitutional-muster/42721353/

2. Prof. Loewy, It’s debatable: Should Supreme Court Vacancy Not be Filled Until After Election?, Lubbock Avalanche-Journal (October 19, 2020; 8:09a) https://www.lubbockonline.com/story/opinion/2020/10/19/its-debatable-should-president-senate-wait-until-after-election-fill-vacancy/3679200001/

Citations

1. Prof. Sutton’s article Emerging Biotechnologies and the 1972 Biological Weapons Convention: Can It Keep Up with the Biotechnology Revolution? is cited in the following article: Arnab Datta,  Supporting the Agency “Designed to Do Nothing”: Creating a Regulatory Safety Net for the FEC, 88 Geo. Wash. L. Rev. 1259 (2020).

2. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited in the following: § 9 Disability, § 11 Disability, Restatement (Third) of the Law – Torts (October 2020 Update).

3. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Anne McGinness Kearse, W. Taylor Lacya, A Dangerous Blame Shifting Game, 56-OCT JTLATRIAL 18 (2020).

4. Prof. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion is cited in the following article: Michael Freedman, Injury-In-Fact, Historical Fiction: Contemporary Standing Doctrine And The Original Meaning Of Article III, 75 N.Y.U. Ann. Surv. Am. L. 317 (2020).

5. Prof. Casto’s article Pacificus & Helvidius Reconsidered is cited in the following article: Seth Halper-Stromberg, Interpreting and Reforming the National Emergencies Act In Light Of the Pacificus-Helvidius Debate, 52 N.Y.U. J. Int’l L. & Pol. 907 (2020).

6. 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 the following article: Bret Rappaport, “Smile More”: Kindling for Kindness in the Practice of Law, 44 Law & Psychol. Rev. 171 (2020).

7.  Prof. Gonzalez is cited in the following case: Kim Cramton v. Grabbagreen Franchising LLC, et al., No. CV-17-04663-PHX-DWL (D. Ariz. Oct. 13, 2020), citing A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure, referencing the prevailing view that parties may wait until the eve of trial to move to strike a jury demand.

8. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: Renée Burbank, Illegal Exactions, 87 Tenn. L. Rev. 315 (2020).

9. Prof. Loewy’s article The Exclusionary Rule as a Remedy is cited in the following article: Kent Roach, Reclaiming Prima Facie Exclusionary Rules in Canada, Ireland, New Zealand, and the United States: The Importance of Compensation, Proportionality, and Non-Repetition, 43 Man. L.J. 1 (2020).

10. Prof. Shannon’s article The Revised Ncaa Division I Governance Structure After Three Years: A Scorecard is cited in the following article: Timothy Davis, A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, 30 Marq. Sports L. Rev. 309 (2020).

11. Prof. Murphy’s article Public Participation Without A Public: The Challenge For Administrative Policymaking is cited in the following article: Robert L. Glicksman, Shuttered Government, 62 Ariz. L. Rev. 573 (2020).

12. Prof. Christopher’s article Mobile Banking: The Answer For The Unbanked In America? is cited in the following article: Cassandra Jones Havard, Doin’ Banks, 5 U. Pa. J. L. & Pub. Aff. 317 (2020).

13. Prof. Christopher’s article Normalizing Struggle is cited in the following article: Emily Zimmerman, Re-Envisioning Law Student Scholarship, 69 Cath. U. L. Rev. 291 (2020).

14. Prof. Loewy’s book Criminal Procedure: Cases, Materials, and Questions is cited in the following article: Dov Fox, Alex Stein, Constitutional Retroactivity In Criminal Procedure, 91 Wash. L. Rev. 463 (2020).

15. Prof. Robert Sherwin’s article Shoot First, Litigate Later: Declaratory Judgment Actions, Procedural Fencing, and Itchy Trigger Fingers is cited in the following article: Daniel Fisher, Walmart hopes old law will block feds’ suit over opioid ‘unwritten expectations’, Southeast Texas Record (2020).

16. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural And Conceptual Reform Of The “Hard Look” is cited in the following article: Kathryn E. Kovacs, Constraining The Statutory President, 98 Wash. U. L. Rev. 63 (2020).

Quotes

1. Prof. Metze is quoted in the following article: Chase Seabolt & Hannah Isom, Daniels awaits trial 3 years after death of Tech officer, Daily Toreador, (October 9, 2020; 7:12a), available at http://www.dailytoreador.com/news/daniels-awaits-trial-3-years-after-death-of-tech-officer/article_dd713e80-0a73-11eb-ae5b-43b1d2c04f60.html.

2. Prof. Metze is quoted in the following article: Taylor Goldenstein, Judge Moves AG Ken Paxton’s criminal case back to his hometown, Houston Chronicle, (October 23, 2020; 5:55p), available at https://www.houstonchronicle.com/politics/texas/article/Judge-moves-AG-Ken-Paxton-s-criminal-case-back-15670952.php#:~:text=A%20Harris%20County%20judge%20on,a%20sympathetic%20judge%20or%20jury.

3. Dean Nowlin is quoted in the following article: Andrew Pearce, Where Do We Go From Here? Texas Law Schools Chart a Course, The Houston Lawyer, (September/October 2020), available at https://issuu.com/leosur/docs/thl_sepoct20?fr=sMjM2MzIwOTI2MDg.

4. Prof. Rosen is quoted in the following article: Matt Dotray, Public vote on Lubbock abortion ordinance growing more likely, Lubbock Avalanche-Journal (October 24, 2020; 2:40p), available at https://www.lubbockonline.com/story/news/2020/10/24/public-vote-sanctuary-city-unborn-ordinance-beginning-seem-likely/3743510001/.

News

1. On October 7, Prof. Beyer virtually presented a CLE program for Texas Rio Grande Legal Aid titled COVID-19 and the Estate Planner. His article of the same name was distributed to the attendees.

2. On October 10, Prof. Beyer was the featured speaker on a webinar sponsored by the Phoenix Landing Foundation entitled What If Your Parrot Outlives You? Preparing for Your Bird’s Future. Prof. Beyer explained to the owners of parrots and other birds the techniques they may use to protect their beloved pets when their owners are temporarily unavailable, disabled, or dead, particularly emphasizing the use of trusts. His paper of the same title is available for download: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3708429.

3. Prof. Beyer was an invited presenter during the October 22 meeting of the American College of Trust and Estate Counsel’s Digital Property Committee. His presentation titled Ransomware Attacks explained the history of ransomware and steps individuals and law firms should take to prevent attacks.

4. On October 28, Prof. Beyer was the virtual guest speaker at an educational program sponsored by the Baltimore Estate Planning Council. His two-hour presentation and accompanying article were titled Cyber Estate Planning and Administration.

5. On October 29, Prof. Beyer virtually presented a CLE program titled Avoiding the Estate Planning “Blue Screen of Death” With Competent and Ethical Practices for the 46th Annual Notre Dame Tax & Estate Planning Institute. His paper of the same title accompanied the presentation.

6. Prof. Sutton is the writer, producer and director of the short documentary, “Space Biocontamination — the Risk is not Zero,” that was selected with 8 other documentaries for the 2d Annual Sigma Xi Film Festival, hosted from Nov. 6-8 (online). Sigma Xi is the scientific research honor society and this is the second year they have used a film and art festival to talk about science and research. The link for the official selections for this year are available:
http://www.sigmaxi.org/meetings-events/annual-meeting-and-student-research-conference/stem-art-and-film-festival

7. An online version of Prof. Shannon’s latest article, Texas Mental Health Legislative Reform: Significant Achievements with More to Come, was published in late September 2020 on the Texas Tech Law Review website. The printed version will appear in Issue 1 of Volume 53 later this year. The article was prepared in conjunction with the November 2020 Texas Tech Mental Health Law Symposium. The National Center for State Courts also disseminated the link and information about the article in its October 15, Behavioral Health Alerts online newsletter.

8. On October 2, Prof. Shannon addressed the Texas Tech Alumni Association Board of Directors regarding NCAA Hot Topics.

9. Prof. Shannon addressed the Texas Tech Law School Foundation Board on October 2, to announce a new endowed scholarship honoring Prof. Bubany as he begins his 50th year of teaching at Tech Law.

10. On October 9, Prof. Shannon moderated a legislative panel discussion as part of the Texas Criminal Defense Lawyers Association’s conference, Removing the Fear of Using Mediation for Criminal Cases. Participants included Sen. Charles Perry, Rep. James White, and Rep. Eddie Lucio.

11. Prof. Shannon provided a lecture as part of the Osher Lifelong Learning Institute via Zoom on October 13, on the subject “Criminal Justice/Mental Health Law Reforms – Reframing Policy.”

12. Prof. Shannon is chairing the West Texas Mental Health Collaborative’s newly formed Access to Mental Health Care Crisis Services Committee. The kickoff meeting was October 14.

13. Prof. Shannon was appointed to the Provost Search Committee for Texas Tech University (October 2020). 

14. Prof. Brian Shannon received the Governor’s Trophy award from Texas Governor Greg Abbott for displaying a commitment to empowering employees, co-workers, and fellow Texans with disabilities, mainly focusing on destigmatizing and empowering those whose mental health diagnoses have put them in the criminal justice system.

15. On October 16, Prof. Casto delivered a presentation titled “Serving a Lawless President” at the Mercer Law 21st Annual Georgia Symposium on Professionalism and Ethics.

16. On October 22, Prof. Ross was an honored speaker at Texas Tech University’s virtual event titled “Black Women in the Academy” that focused on the journey of Black women in academia.

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