February 2021 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 28th, 2021.

Articles, Essays, and Reviews

1. 12, 12A, & 12B, Gerry W. Beyer, West’s Texas Forms – Administration of Decedents’ Estates and Guardianships (4th ed. 2020-21 Supp.).

2. Gerry W. Beyer, Potpourri, 59-1 Real Est., Prob., & Tr. L. Rep., at 4 (2021).

3. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 59-1 Real Est., Prob., & Tr. L. Rep., at 5 (2021).

4. Gerry W. Beyer, An Estate Planner’s Guide to Specific Testamentary Gifts, 59-1 Real Est., Prob., & Tr. L. Rep, at 41 (2021).

5. Arnold H. Loewy, The Strange Case of Timothy Hennis: How Should It Be Resolved, 53 Tex. Tech L. Rev. 1 (2020).

Op-Eds

1. Prof Loewy, It’s Debatable: Have Social Media Giants Violated Trump’s Free Speech Rights? Lubbock Avalanche-Journal (February 7, 2021; 4:39a) https://www.lubbockonline.com/story/opinion/2021/02/07/should-former-president-trump-held-accountable-virus-deaths/4393058001/

2. Prof Loewy, It’s Debatable: Should Trump Be Held Accountable for COVID Deaths?, Lubbock Avalanche-Journal (February 21, 2021; 3:47a) https://www.lubbockonline.com/story/opinion/2021/02/21/its-debatable-social-media-giants-and-censorship-former-president/6769798002/

Citations

1. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Kristen E. Hickman & Aaron L. Nielson, Narrowing Chevron’s Domain, 70 Duke L.J. 931 (2021).

2. Prof. Murphy’s article Punitive Damages, Explanatory Verdict, and the Hard Look is cited in § 8:8 of Federal Jury Practice And Instructions (February 2021 Update).

3. 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: Aziz Z. Huq, Why Judicial Independence Fails, 115 Nw. U. L. Rev. 1055 (2021).

4. Prof. Beyer’s article Videotape and the Probate Process: The Nexus Grows is cited in the following article: Anna C. Borea, The Videotaped Will: How the Connecticut Probate Court System Could Benefit From Legislation Validating a Video-Recorded Will, 34 Quinnipiac Prob. L.J. 78 (2020).

5. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State is cited in § 2:13 of the Administrative Law And Practice (February 2021 Update).

6. Prof. Beyer’s article Electronic Wills: What Estate Planners Need to Know is cited in the following article: Naman Anand & Dikshi Arora, Where There Is A Will, There Is No Way: COVID 19 And A Case For the Recognition of E-Wills In India and Other Common Law Jurisdictions, 27 ILSA J Int’l & Comp L 77 (2020).

7. Prof. Henry’s article Chapter 11 Zombies, is cited in the following article: Stephen J. Lubben, Fairness and Flexibility: Understanding Corporate Bankruptcy’s Arc, 23 U. Pa. J. Bus. L. 132 (2020).

8. Prof. Henry’s article Paying-To-Play in Chapter 11 is cited in the following article: Robert W. Miller, A Comprehensive Framework for Conflict Preemption in Federal Insolvency Proceedings, 123 W. Va. L. Rev. 423(2020).

9. Prof. Brie Sherwin’s article The Upside Down: A New Reality for Science at the EPA and Its Impact on Environmental Justice is cited in the following article: Molly Soloway, Measuring Environmental Justice: Analysis of Progress under Presidents Bush, Obama, and Trump, 51 ELR 10038 (2021).

10. Prof. Casto’s article The Erie Doctrine and the Structure of Constitutional Revolutions is cited in the following article: Adam B. Sopko, Swift Removal, 13 Fed. Cts. L. Rev. 1 (2021).

11. Prof. Murphy’s article Judicial Deference, Agency Commitment, and Force of Law is cited in the following article: Kristin E. Hickman & David Hahn, Categorizing Chevron, 81 Ohio St. L. J. 611 (2020).

12. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Kristin E. Hickman & David Hahn, Categorizing Chevron, 81 Ohio St. L. J. 611 (2020).

13. Prof. Murphy’s article The Limits of Legislative Control over the “Hard-Look” is cited in the following article: Bret Baker, Prometheus: Giving Life to Formal Retrospective Review through “Thin Rationality” Judicial Review, 81 Ohio St. L. J. 723 (2020).

14. Prof. Robert Sherwin’s article Evidence? We Don’t Need No Stinkin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens to De-Fang a Popular and Powerful Weapon Against Frivolous Litigation is cited in the following article: Caroline Mala Corbin, The Unconstitutionality of Government Propaganda, 81 Ohio St. L. J. 815 (2020).

15. Prof. Camp’s article Dual Construction of RICO: The Road Not Taken in Reves is cited in the following article: Max Steinberg, Arbitrating with the Mafia: Why Civil RICO Statutes are Improperly Used and How Class Action Arbitration May Provide Just Compensation for Forgotten Victims, 22 Cardozo J. Conflict Resol. 97 (2020).

16. Prof. Black’s article Comparing Genuine and Simulated Suicide Notes: A New Perspective is cited in the following article: Jana J. Haikal, Suicide in the Evidentiary Spotlight: An Analysis of the Trustworthiness of Suicide Notes under the Federal Residual Exception, 62 B.C. L. Rev. 235 (2021).

17. Prof. Brie Sherwin’s article The Upside Down: A New Reality for Science at the EPA and Its Impact on Environmental Justice is cited in the following article: Mark Fenster, Populism and Transparency: The Political Core of an Administrative Norm, 89 U. Cin. L. Rev. 286 (2021).

18. Prof. Spain’s article The Opportunities and Challenges of Providing Equal Access to Justice in Rural Communities is cited in the following article: Maybell Romero, Rural Spaces, Communities of Color, and the Progressive Prosecutor, 110 J. Crim. L. & Criminology 803 2020).

19. Prof. Shannon’s article Incompetency to Be Executed: Continuing Ethical Challenges & Time for a Change in Texas is cited in the following article: Farid Seyyedi, When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With McCoy Defendants, 11 St. Mary’s J. Legal Mal. & Ethics 144 (2020).

20. Prof. Benham’s article Texas Courts: A Survey is cited in the following article: Daniel G. Esquivel, Punishing the Victim: Model Rule 1.16(A)(2) And Its Relation To Lawyers with Anxiety, Depression, and Bipolar Disorder, 11 St. Mary’s J. Legal Mal. & Ethics 108 (2020).

21. 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: Noah M. Sachs, Toxic Floodwaters: Strengthening the Chemical Safety Regime for the Climate Change Era, 46 Colum. J. Envtl. L. 73 (2020).

22. 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: Rose Mooney, We Still Have Lessons to Learn from Woburn, and Flint is a Good Place To Start, 96 Notre Dame L. Rev. 1319 (2021).

23. Prof. Casto’s article The Federal Courts’ Protective Jurisdiction over Torts Committed in Violation of the Law of Nations is cited in the following article: Gabe Cahn, Is the U.S. Government Violating the Safe Conducts of Noncitizens? How A Turn To Strict Originalism Could Revitalize The Alien Tort Statute, 42 Cardozo L. Rev. 389 (2020).

24. Prof. Watts’ article To Tell the Truth: A Qui Tam Action for Perjury in a Civil Proceeding is Necessary to Protect the Integrity of the Civil Judicial System is cited in the following article: Michael D. Moberly, Can A Nightingale Sing? Assessing The Need for a Nurse-Patient Privilege, 17 J. Heal & Biomedical L. 1 (2020).

25. Prof. Loewy’s article Distinguishing Speech from Conduct is cited in the following article: Mark P. Strasser, Those Are Fighting Words, Aren’t They? On Adding Injury to Insult, 71 Case W. Res. L. Rev. 249 (2020).

26. Prof. Murphy’s book Administrative Law and Practice is cited in the following article: John Patrick Hunt, Bankruptcy as Consumer Protection: The Case of Student Loans, 52 Ariz. St. L. J. 1167 (2020).

News

1.  On January 29, 2021, Prof. Gerry W. Beyer spoke at the 50th Anniversary of the Estate Planning Forum sponsored by the Sacramento Estate Planning Council. Prof. Beyer presented two of his papers: Cyber Estate Planning and Administration and Unusual Will Provisions and Enforcement Issues to an audience of approximately 125 Zoom attendees.

2. Prof. Gerry W. Beyer presented a virtual CLE program for the Tarrant County Probate Bar Association on February 4, 2021 to an audience of over 150 attorneys. His presentation and accompanying article were titled Case Law Update: Intestacy, Wills, Probate, and Trusts.

3. On February 18, 2021, Prof. Gerry W. Beyer was the in-person guest speaker at the February meeting of the South Plains Trust & Estate Council in Lubbock. His presentation and accompanying article were titled What Do You Desire? Will Bequests—A Person’s Last Chance to Be Creative.

4. On February 28, 2021, Prof. Gerry W. Beyer was the guest speaker for the Treasure Coast Exotic Bird Club based in Florida. His presentation and accompanying article were titled What If Your Parrot Outlives You? Preparing for Your Parrot’s Future.

5. On February 26, 2021, Prof. Gerry W. Beyer was a speaker at the 13th Annual Estate Planning & Community Property Law Journal CLE & Expo. His presentation and accompanying article were titled Case Law Update: Intestacy, Wills, Probate, and Trusts.

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