May 2021 Law Faculty Publications & News

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

Articles, Essays, Reviews, and Publications

1. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., May/June 2021, at 34.

2. Richard W. Murphy, The DIY Unitary Executive, 63 Ariz. L. Rev. 439 (2021).

3. Gerry W. Beyer, State Law Pitfalls: Anticipating That Your Clients May Move Out of Texas – Part 1, Est. Plan. Dev. Tex. Prof., Apr. 2021, at 1.

4. Brie Sherwin, Anatomy of a Conspiracy Theory: Law, Politics, and Science Denialism in the Era of COVID-19, 8 Tex. A&M L. Rev. 537 (2021).

5. Jarod S. Gonzalez, Stop Before It Starts: Regulating Employee Microchipping in the COVID-19 Era, 90 Miss. L.J. 1 (2021).

Op-Eds

1. Prof. Loewy, It’s Debatable: How Much Power should FCC Have Over Programming, Lubbock Avalanche-Journal (May 3, 2021; 3:00pm) https://www.lubbockonline.com/story/opinion/2021/05/03/its-debatable-how-much-power-should-fcc-have-over-programming/7399717002/

2. Prof. Loewy, It’s Debatable: Does America Really Need Political Parties?, Lubbock Avalanche-Journal (May 23, 2021; 3:00am) https://www.lubbockonline.com/story/opinion/2021/05/23/its-debatable-does-america-really-need-political-parties/5163890001/

Citations

1. Prof. Murphy’s book Administrative Law & Practiceis cited in the following article: Alexander I. Platt, Is Administrative Summary Judgment Unlawful, 44 Harv. J.L. & Pub. Pol’y 239 (2021).

2. Prof. Murphy’s book Administrative Law & Practiceis cited in the following article: Daniel B. Rodriguez, Whither the Neutral Agency? Rethinking Bias in Regulatory Administration, 69 Buff. L. Rev. 375 (2021).

3. 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 Brie Sherwin’s article Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, and State Exceptionalism Failed Flint, Michigan, is cited in the following article: Khiara M. Bridges, Beyond Torts: Reproductive Wrongs and the State: Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law, 121 Colum. L. Rev. 1017 (2021).

4. Prof. Murphy’s article Eight Things Americans Can’t Figure Out About Controlling Administrative Power is cited in the following article: Ronald A. Cass, Rulemaking Then And Now: From Management to Lawmaking, 28 Geo. Mason L. Rev. 683 (2021).

5. Prof. Murphy’s article Judicial Deference, Agency Commitment, and Force of Law is cited in the following article: Michael S. Greve, Why We Need Federal Administrative Courts, 28 Geo. Mason L. Rev. 765 (2021).

6. Prof. James’ article The African-American Church, Political Activity, and Tax Exemption is cited in the following article: Jonathan C. Augustine, And When Does The Black Church Get Political? Responding in the Era of Trump and Making the Black Church Great Again, 17 Hastings Race & Poverty L. J. 87 (2021).

7. Prof. Loewy’s articles Taking Bakke Seriously: Distinguishing Diversity from Affirmative Action in the Law School Admissions Process and Religious Neutrality and the Death Penalty are cited in §§ 18.10(a)(i) & 21.1(a) of the Treatise on Constitutional Law- Substance & Procedure (May 2021 Update).

8. Prof. Murphy’s book Administrative Law & Practice is cited in the following article: Jarrett Faber, Kisor v. Wilkie as a Limit on Auer Deference in the Sentencing Context, 70 Emory L. J. 905 (2021).

9. Prof. Camp’s article New Thinking About Jurisdictional Time Periods in the Tax Code is cited in the following U.S. Senate Subcommittee Hearing: Subcommittee on Taxation and IRS Oversight, Closing the Tax Gap: Lost Revenue from Noncompliance and the Role of Offshore Tax Evasion (May 11, 2021; 2:30pm).

10. Prof. Soonpa’s article Stress in Law Students: A Comparative Study of First-Year, Second-Year, and Third-Year Students is cited in the following article: Lindsey P. Gustafson, Reflections on Five Years of Team Based Learning in First Year Property, 66 S.D. L. Rev. 29 (2021).

11. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited in the following article: Jessie W. Burchfield, Tomorrow’s Law Libraries: Academic Law Librarians Forging the Way to the Future in the New World of Legal Education, 113 Law Libr. J. 5 (2021).

12. 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: Thomas H. Lee, Article IX, Article III, And the First Congress: The Original Constitutional Plan for the Federal Courts, 89 Fordham L. Rev. 1895 (2021).

13. Prof. Outenreath’s article Cheers! Ending Quill… What Can be Learned from the Wine Industry is cited in the following article: Elena M. Peters, Jurisdiction to Tax is not Jurisdiction At All: Understanding Jurisdiction’s Jargon in Light of South Dakota v. Wayfair, Inc., 89 Miss L.J. 715 (2021).

14. Prof. Camp’s blog posts More on the Successful Challenge to the Anti-Inversion Regulations and Tax Exceptionalism Lives? are cited in the following article: Casey N. Epstein, Standing Up for the Treasury: Applying the Procedural Standing Analysis to Post-Mayo, Pre-Enforcement APA Treasury Challenges, 105 Minn. L. Rev. 1947 (2021).

15. Prof. Baker’s article A Legal Research Odyssey: Artificial Intelligence as a Disruptor is cited in the following article: Dyane L. O’Leary, “Smart” Lawyering: Integrating Technology Competence into the Legal Practice Curriculum, 19 U.N.H. L. Rev. 197 (2021).

16. Prof. Chiappinelli’s article Red October: It’s Origins, Consequences, and the Need to Revive the National Market System is cited in §§ 1:76 & 14:18 of the Treatise on Law of Securities Regulation (May 2021 Update).

17. Prof. Rosen’s article Civilian Courts and the Military Justice System: Collateral Review of Courts-Martial is cited in the following article: Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74 Vand. L. Rev. 621 (2021).

18. Prof. Casto’s articles Advising Presidents: Robert Jackson and the Destroyers-for-Bases Deal, Foreign Affairs and the Constitution in the Age of Fighting Sail, The Early Supreme Court Justices’ Most Significant Opinion, and The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth are cited in the following article: Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74 Vand. L. Rev. 621 (2021).

19. Prof. Murphy’s articles The Limits of Legislative Control over the “Hard-Took” and Abandon Chevron and Modernise Stare Decisis for the Administrative State are cited in the following article: Bijal Shah, Judicial Administration, 11 UC Irvine L. Rev. 1119 (2021).

Quotes

1. Prof. Rosen is quoted in the following article: Shannon Najmabadi, Lubbock Votes to Become the State’s Largest “Sanctuary City for the Unborn”, Texas Tribune, (May 1, 2021; 10:00p), available at https://www.texastribune.org/2021/05/01/lubbock-abortion-vote-sanctuary-unborn/.

2. Prof. Rosen is quoted in the following article: Austin Voters Appear Poised to Reinstate City’s Ban on Public Homeless Encampments in One of Seven Local Texas Elections, Longview News Journal, (May 1, 2021), available at: https://www.news-journal.com/austin-voters-appear-poised-to-reinstate-city-s-ban-on-public-homeless-encampments-in-one/article_6ba832e6-aaf4-11eb-8ce3-bb3ff5577fb3.html.

3. Prof. Camp is quoted in the following article: Rebecca M. Morrow, Taxing Employers for Imposing Mandatory Arbitration, Class Action Waiver, and Nondisclosure of Dispute Provisions, 74 SMU L. Rev. 59 (2021).

News

1. On May 7, 2021, Prof. Beyer was a guest speaker at the first in-person meeting since March 2020 of the Financial Planning Association of Greater Indiana in Fishers, Indiana, a suburb of Indianapolis. His topic and accompanying paper were entitled Your Pleasure or Business Cannabis Client: It’s High Time Estate Planners Know What to Do.

2. Prof. Beyer was selected as the speaker for a virtual three hour CLE program sponsored by the Estate Planning Council of Northern Nevada, hosted on May 20, 2021. His presentations and accompanying articles were as follows: Anticipating Will Contests and How to Avoid Them, and State Law Pitfalls: Don’t Step In It When Your Client Steps Across State Lines.

3. On May 25, 2021, Prof. Beyer was the virtual speaker for a meeting of the Probate Section of the Houston Bar Assocation. His presentation and accompanying article discussed recent Texas judicial developments in intestate succession, wills, estate administration, trusts, and other estate planning matters. His presentation is available here: https://www.youtube.com/watch?v=8BDrhsHosIY.

4. Prof. Beyer travelled to Corpus Christi, Texas to make eight one-hour presentations for the 2021 Probate Academy to hundreds of judges and clerks sponsored by the Texas Association of Counties on May 12 and 13, 2021. His presentations to Constitutional County Court Judges included Overview of the Probate Process, Legislative Update, Self-Help Testators—Holographic Wills, Codicils, and Other Do-it-Yourself Issues, Declaratory Judgments in Probate, The Bank Account—Probate Interface, and Judicial Update – A Review of Recent Appellate Court Cases. His presentations to County Clerks included Overview of the Probate Process, and Legislative Update.

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