March 2021 Law Faculty Publications & News

Throughout the month of March, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for March 1st to March 31st, 2021.

Articles, Essays, and Reviews

1. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., Mar./Apr. 2021, at 32.

2. 13, 14, & 15, Gerry W. Beyer, West’s Texas Forms – Real Property (2nd ed. 2021 Supp.).

3. Cathrine Martin Christopher, Error Correction Mechanisms for Transactional Script Smart Contracts, 69 U. Kan. L. Rev. 493 (2021).

4. Richard W. Murphy, Four Opinions on Access to the Courts from the Supreme Court’s 2019-20 Term, 46-WTR Admin & Reg. L. News 22 (2021).

Op-Eds

1. Prof Loewy, It’s Debatable: Are ERCOT power companies liable in aftermath of a storm, Lubbock Avalanche-Journal (March 7, 2021; 4:26a) https://www.lubbockonline.com/story/opinion/2021/03/07/its-debatable-ercot-and-texas-power-companies-criminally-liable/4581435001/  

Citations

1. Prof. Murphy’s book Tax Havens: How Globalization Really Works is cited in the following article: Rifat Azam, Online Taxation Post Wayfair, 51 N.M. L. Rev. 116 (2021).

2. Prof. Murphy’s book Administrative Law & Practice is cited in the following article: Shalev Roisman, Presidential Law, 105 Minn. L. Rev. 1269 (2021).

3. Prof. Myhra’s article The Pharmacist’s Duty to Warn in Texas is cited in the following article: Tanya E. Karwaki, Establishing A Patient-Pharmacist Relationship: Clarifying Duties and Improving Patient Care, 72 Baylor L. Rev. 507 (2020).

4. Prof. Loewy’s article Distinguishing Speech from Conduct is cited in the following article: R. George Wright, A Variable Number of Cheers for Viewpoint-Based Regulations of Speech, 96 Notre Dame L. Rev. Reflection 82 (2021).

5. Prof. Beyer’s book Real Estate Transactions is cited in the following article: Maureen E. Brady, Turning Neighbors into Nuisances, 135 Harv. L. Rev. 1610 (2021).

6. Prof. Casto’s article The Origins of Federal Admiralty Jurisdiction in an Age of Privateers, Smugglers, and Pirates is cited in the following article: Steven R. Wilf, Joseph’s Story’s Republics In A Minor Key: Dark Times And The Astonishing Relevance of Kent Newmyer, 52 Conn. L. Rev. 1281 (2021).

7. Prof. Camp’s article What Good is the National Taxpayer Advocate? is cited in the following article: Danshera Wetherington Cords, Nina E. Olson: A Legislative Legacy, 18 Pitt. Tax Rev. 139 (2020).

8. Prof. Camp’s article Tax Administration as Inquisitorial Process and the Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998 is cited in the following article: Joshua D. Blank & Leigh Osofsky, Automated Legal Guidance, 106 Cornell L. Rev. 179 (2020).

9. Prof. Murphy’s article The Evolution of Law and Policy for CIA Targeted Killing is cited in the following article: Jason Hodge, The Legal Challenges in Using Targeted Killing to Fight the War on Terror, 7 Homeland & Nat’l Security L. Rev. 48 (2021).

10. Prof. Murphy’s article Public Participation without a Public: The Challenger for Administrative Policymaking is cited in the following article: Michael Sant’Ambrogio & Glen Staszewski, Democratizing Rule Development, 98 Wash U. L. Rev. 793 (2021).

11. 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: D.A. Jeremy Telman, John Marshall’s Constitution: Methodological Pluralism and Second-Order Ipse Dixit in Constitutional Adjudication, 24 Lewis & Clark L. Rev. 1151 (2020).

12. Prof. Gonzalez’s article A Pot of Gold at the End of the Rainbow: An Economic Incentives-Based Approach to OSHA Whistleblowing is cited in the following article: Tyler L. Jones, Two For Flinching: The Duplicative Litigation of Railroad Whistleblower Claims, 47 Transp. L. J. 1 (2020).

13. Prof. Camp’s article Form Over Substance in Fifth Circuit Tax Cases is cited in the following article: Nathalie Martin & Lydia Pizzonia, Shadow Credit and the Devolution of Consumer Credit Regulation, 24 Lewis & Clark L. Rev. 1439 (2020).

14. Prof. Rosen’s article America’s Professional Military Ethic and the Treatment of Captured Enemy Combatants in the Global War on Terror is cited in the following article: Francis Grimal & Michael J. Pollard, The Duty to Take Precautions in Hostilities, and the Disobeying Of Orders: Should Robots Refuse? 44 Fordham Int’l L.J. 671 (2021).

15. Prof. Murphy’s book Federal Practice and Procedure is cited in the following article: Ellen S. Podgor, The Dichotomy Between Overcriminalization and Underregulation, 70 Am. U. L. Rev. 1061 (2021).

16. Prof. Christopher’s article Normalizing Struggle is cited in the following article: Megan Bess, Grit, Growth Mindset, and the Path to Successful Lawyering, 89 UMKC L. Rev. 493 (2021).

17. Prof. Huffman & Prof. Rosen’s book Military Law: Criminal Justice & Administrative Process is cited in the following article: James M. Brennan, Incident to Service: The Feres Doctrine and the Uniform Code of Military Justice, 81 A.F. L. Rev. 240 (2020).

18. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Nikol Oydanich, Chief Justice Roberts’s Hard Look Review, 89 Fordham L. Rev. 1635 (2021).

19. Prof. Spain’s article Alternative Dispute Resolution for the Poor: Is It an Alternative? is cited in the following article: Tom Lininger, Judges’ Ethical Duties to Ensure Fair Treatment of Indigent Parties, 89 Fordham L. Rev. 1237 (2021).

20. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in the following article: Megan Wishmeier Shaner, Privately Ordered Fiduciaries, 28 George Mason L. Rev. 1 (2020).

Quotes

1.  Prof. Camp is quoted in the following article: Why S Corporation Payments Are Almost Always Wages, 2021 Law360 89-96, (March 30, 2021; 4:49p), available at https://www.law360.com/articles/1369984/why-s-corporation-payments-are-almost-always-wages

News

1. Prof. Gerry W. Beyer was unanimously reelected to a three-year term as a Regent of the American College of Trust and Estate Council (ACTEC) on March 2, 2021. ACTEC is a nonprofit association of over 2,500 lawyers and law professors skilled and experienced in the preparation of wills and trusts; estate planning; and probate procedure and administration of trusts and estates of decedents, minors and incompetents. ACTEC is governed by 39 Fellows who serve on its Board of Regents.

2. On March 5, 2021, Prof. Gerry W. Beyer presented a webinar for the American Law Institute Continuing Legal Education organization titled What Estate Planners Need to Know about Community Property.

3. On March 4, 2021, Prof. Gerry W. Beyer spoke for DC Bar Communities. His presentation and accompanying article were titled Cyber Estate Planning and Administration. He was asked to speak on this topic because DC recently enacted the Revised Uniform Fiduciary Access to Digital Assets Act effective on February 12, 2021.

4. On March 23, 2021, Prof. Gerry W. Beyer was the featured speaker at the monthly meeting of the Estate Planning Council of Central Texas. Presenting via Zoom to approximately 100 professionals from the Austin and Waco area, Prof. Beyer’s topic was Anticipating Will Contests and How to Avoid Them. His article with the same title was distributed to the attendees.

5. Prof. Gerry W. Beyer spoke at the Spring Judicial Education Session on March 26, 2021, sponsored by the Texas Association of Counties. Prof. Beyer spoke about determination of heirships and intestate property distribution to an audience of over 100 Texas Constitutional County Court judges.

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