June 2021 Law Faculty Publications & News

Throughout the month of June, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for June 1st to June 30th, 2021.

Articles, Essays, Reviews, and Publications

1. William R. Casto, Robert Jackson’s Critique of Trump v. Hawaii, 94 St. John’s L. Rev. 335 (2021).

2. Vickie Sutton, Preparing for (And Defending Against) A Cyberattack on the Energy Sector: The Legal Framework for Digitization, Technological Innovation, and the Future of Resource and Energy Development, 6-1 Rocky Mt. Min. L. Fdn. (2021).

Op-Eds

1. Prof. Loewy, It’s Debatable: Should Congress Expel Rep. Marjorie Taylor Greene? Lubbock Avalanche-Journal (June 13, 2021; 4:25am), available at: https://www.lubbockonline.com/story/opinion/2021/06/13/its-debatable-should-congress-expel-rep-marjorie-taylor-greene/7589630002/

2. Prof. Loewy, It’s Debatable: Did Supreme Court Get Its Ruling Against Philadelphia Right? Lubbock Avalanche-Journal (June 27, 2021; 4:15am), available at: https://www.lubbockonline.com/story/opinion/2021/06/27/its-debatable-supreme-court-first-amendment-and-philadelphia/5325700001/

Citations

1. Prof. Baker’s article Beyond the Information Age: The Duty of technology Competence in the Algorithmic Society is cited in the following article: Bruce A. Green & Carole Silver, Technocapotal@Biglaw.com, 18 Nw. J. Tech. & Intell. Prop. 265 (2021).

2. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse is cited in the following article: William R. Casto, Robert Jackson’s Critique of Trump v. Hawaii, 94 St. John’s L. Rev. 335 (2021).

3. 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).

4. Prof. Casto’s article Advising Presidents: Robert Jackson and the Destroyers-for-Bases Deal is cited in the following article: Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74 Vand. L. Rev. 621 (2021).

5. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited in §11 of the Restatement (Third) of Torts (June 2021 Update).

6. Prof. Rosen’s article The Judge Advocate General’s School, U.S. Army: 50 Years in Charlottesville is cited in the following article: Major Adam Kama, The Court-Martial of Jackie Robinson, 2020-1 Army Law. 68 (2020).

7. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Matthew Marino, Debinking Twombly/Iqbal: Plausibility is More Than Plausible in Ohio and Other States, 89 U. Cin. L. Rev. 1066 (2021).

8. Prof. Gonzalez’s article A Custom Fit: Tailoring Texas Civil Jury Selection Procedures to Case Tiers is cited in the following article: Kayley A. Viteo, “We” the Jury: The Problem of Peremptory Strikes as Illustrated By Flowers v. Mississippi, 52 St. Mary’s L.J. 233 (2021).

9. Prof. Beyer’s article Videotape and the Probate Process: The Nexus Grows is cited in §14:14 of the Will Contests, Second Edition (June 2021 Update).

10. Prof. Baker’s article Beyond the Information Age: The Duty of technology Competence in the Algorithmic Society is cited in the following article: Raymond H. Brescia, Lessons from the Present: Three Crises and Their Potential Impact on the Legal Profession, 49 Hofstra L. Rev. 607 (2021).

11. Prof. Sutton’s article Native-American Exclusion as a Form of Paper Genocide is cited in the following article: Meera E. Deo, Why BIPOC Fails, 107 Va. L. Rev. Online 115 (2021).

12. Prof. Loewy’s article Distinguishing Confessions Obtained in Violation of the Fifth Amendment from Those Obtained in Violation of the Sixth Amendment is cited in the following article: Kit Kinports, Pretrial Custody and Miranda, 78 Wash. & Lee L. Rev. 725 (2021).

13. Prof. Watts’ article Differences without Distinctions: Boyle’s Government Contractor Defense Fails to Recognize the Critical Differences between Civilian and Military Plaintiffs and Between Military and Non-Military Procurement is cited in §352 of the Dobbs’ Law of Torts (June 2021 Update).

14. 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 in §5:2(c)(4) of the Iowa Practice Series: Lawyer and Judicial Ethics (June 2021 Update).

15. Prof. Henry’s article Chapter 11 Zombies is cited in the following article: Oscar Couwenberg & Stephen J. Lubben, Good Old Chapter 11 in a Pre-Insolvency World: The Growth of Global Reorganization Options, 46 N.C. J. Int’l L. 353 (2021).

16. 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 article: Mariana Pedroza, Dividing the Intangible: An Examination of Community Property in a World of Contingent Revenue, 13 Est. Plan. & Community Prop. L.J. 547 (2021).

17. Prof. Beyer’s book Wills, Trusts, and Estates: Examples and Explanations is cited in the following article: Alexis C. Mejia, A Piece of You and I: Posthumous Conception and its Implications on Texas Estates Law, 13 Est. Plan. & Community Prop. L.J. 509 (2021).

18. 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: Matthew Woodward, Not Approved for Human Consumption: A Study of the Denmark Water Crisis, a Call for Reforming the SDWA, and a Demand for Community Lawyering in Rural America, 45 Wm. & Mary Envtl. L. & Pol’y Rev. 881 (2021).

19. Prof. Casto’s article Foreign Affairs and the Constitution in the Age of Fighting Sail is cited in the following article: Andrew Kent, Lessons for Bivens and Qualified Immunity Debates from Nineteenth-Century Damages Litigation Against Federal Officers, 96 Notre Dame L. Rev. 1755 (2021).

20. Prof. Camp’s article What Good Is the National Taxpayer Advocvate? is cited in the following article: Aaron L. Nielson, The Minor Questions Doctrine, 169 U. Pa. L. Rev. 1181 (2021).

21. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of Presidential Power of the Purse is cited in the following article: Robert W. Emerson & John W. Hardwicke, The Use and Disuse of the Magna Carta: Due Process, Juries, and Punishment, 46 N.C. J. Int’l L. 571 (2021).

22. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Jessica L. Asbridge, Be Reasonable: The Applicability of Chevron to Agency Interpretations of Split-Authority Statues, 104 Marq. L. Rev. 813 (2021).

23. Prof. Rosen’s article Katcoff v. Marsh at Twenty Two: The Military Chaplaincy and the Separation of Church and State is cited in the following article: John A. Ragosta, A Wall Between Secular Government and a Religious People, 26 Roger Williams U. L. Rev. 545 (2021).

24. 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: Sara A. Colangelo, Science Under Assault: Reflections on the War on the EPA, America’s Endangered Environmental Protections, 44 Pub. Land & Resources L. Rev. 185 (2021).

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

26. Prof. Murphy’s book Administrative Law and Practice is cited in the following article: Jason Rantanen & Madison Murhammer Colon, Can Public Universities Patent their Research?: The Tension Between Open Records Laws and Patentability, 69 Drake L. Rev. 117 (2021).

27. Prof. Brie Sherwin’s articles The Upside Down: A New Reality for Science at the EPA and its Impact on Environmental Justice and Chocolate, Coca-Cola, and Fracturing Fluid are cited in §§ 31:6 & 34:8 of the Rodgers Environmental Law Second Edition (July 2021 Update).

28. 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: Matthew Steilen, Our Imperial Federal Courts, 74 Vand. L. Rev. En Banc 125 (2021).

29. Prof. Sutton’s article Asynchronous, E-Learning in Legal Education: A Comparitive Study with the Traditional Classroom is cited in the following article: David Austin, Allison Cato, Amy Day, & Liam F. Vavasour, The Unified Legal Skills Program: How One Law School Adapted to Meet the Needs of Students Online, and How Those Adaptations May Inform Post-Pandemic Teaching, 45 Nova L. Rev. 419 (2021).

30. Prof. Ramirez’s article International Law Impacts Texas and the Texas Tech School of Law Responds is cited in the following article: Ramona Biholar & Sha-Shana Crichton, Forging Cross Border Connections through Scholarly Writing, 45 Nova L. Rev. 303 (2021).

31. Prof. Benham’s article Dirty Secrets: The First Amendment in Protective-Order Litigation is cited in the following article: Jordan Elias, “More than Tangential”: When Does The Public Have a Right to Access Judicial Records?, 29 J.L. & Pol’y 367 (2021).

32. Prof. Beyer’s article Will Contests: Prediction and Prevention is cited in the following case: Matter of Last Will v. Christmas, No. 2019-CA-01821-COA, — So.3d —-, 2021 WL 1975961 (Miss. Ct. App. May 18, 2021). (dissenting opinion of Wilson, P.J., joined by Lawrence, Smith, and Emfinger, JJ.,

Quotes

1. Prof. Beyer is quoted in the following article: Juan C. Antúnez, When to ‘Decant’ A Trust: It’s Getting Easier to Modify Irrevocable Trusts. Here’s How it Works, Florida Probate & Trust Litigation Blog (June 10, 2021; 2:30pm), available at https://www.flprobatelitigation.com/2020/12/articles/new-probate-cases/practice-procedure/when-to-decant-a-trust-its-getting-easier-to-tinker-with-irrevocable-trusts-heres-how-it-works/

News

1. Prof. Beyer traveled to Indianapolis, Indiana where he was invited to make two presentations on June 3, 2021 at the 48th Midwest Estate Tax & Business Planning Institute to over 150 attorneys. His presentations and accompanying articles were entitled: Anticipating Will Contests and How to Avoid Them, and Electronic Wills: The Changing Future of the Estate Practice.

2. On June 9, 2021, Prof. Beyer was the leadoff virtual speaker at the three-day 45th Annual Advanced Estate Planning & Probate Course sponsored by TexasBarCLE. His presentation and accompanying article discussed judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters during the past year.

3. On June 9, 2021, Prof. Beyer spoke on Non-Fungible Tokens at the summer meeting of the American College of Trust and Estate Counsel for the Digital Property Committee. He explain the development of NFTs and the steps wills and trusts practitioners should take to plan for their NFT-owning clients.

4. On June 17, 2021, Prof. Beyer was the lead-off speaker for the Community Property: What You Need to Know! virtual program for the State Bar of Arizona’s 2021 Convention. His presentation was entitled Marital Property Regimes: A Review of Common Law and Community Property Systems: What Makes Arizona’s Community Property Rules Unique?

5. On June 16, 2021, Prof. Beyer was the virtual guest speaker at the June meeting of the Santa Fe Estate Planning Council. His presentation and accompanying article were entitled Electronic Wills: The Changing Future of the Estate Practice.

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