November 2021 Law Faculty Publications & News

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

Articles, Essays, and Reviews

1. William R. Casto, Serving a Lawless President, Mercer Law Review, Vol. 72: No 3, Article 7.

2. Gerry W. Beyer, Marital Property and Homesteads, §§ 38 & 39 Tex. Prac. (2021-2022 Supp.).

3. Gerry W. Beyer & James M. Kosakow, Irrevocable Trusts (4th ed. 2021-2022).

4. Gerry W. Beyer, Wills & Trusts, 7 SMU Ann. Tex. Surv. 337 (2021).

5. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 59-4 Real Est., Prob., & Tr. L. Rep., at 5 (2021).

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

7. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., Nov./Dec. 2021, at 28.

Citations

1. Prof. Baker’s article A Legal Research Odyssey: Artificial Intelligence as Disruptor is cited in the following article: Jennifer S. Bard, Developing Legal Framework for Regulating Emotion A.I., 27 B.U. J. Sci. & Tech. L. 271 (2021).

2. Prof. Christopher’s article Putting Legal Writing on the Tenure Track: One School’s Experience is cited in the following article: Christopher J. Ryan & Meghan Dawe, Mind the Gap: Gender Pay Disparities in the Legal Academy, 34 Geo. J. Legal Ethics 567 (2021).

3. Prof. Gossett’s article The Client: How States Are Profiting from the Child’s Right to Protection is cited in the following article: Lisa Kelly, Abolition or Reform: Confronting the Symbiotic Relationship Between “Child Welfare” and the Carceral State, 17 Stan. J. Civ. Rts. & Civ. Liberties 255 (2021).

4. Prof. Murphy’s article Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons is cited in the following article: James M. Puckett, Reasonable Tax Rules: Advancing Process Values with Remedial Restraint, 24 Fla. Tax Rev. 277 (2021).

5. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: James M. Puckett, Reasonable Tax Rules: Advancing Process Values with Remedial Restraint, 24 Fla. Tax Rev. 277 (2021).

6. Prof. Camp’s article Theory and Practice in Tax Administration is cited in the following article: Michael Hatfield, The Rise of Law and the Fall of Circular 230: Tax Lawyer Professional Standards, 1985-2015, 24 Fla. Tax Rev. 828 (2021).

7. Prof. Rosen’s article Katcoff v. Marsh at Twenty-Two: The Military Chaplaincy and the Separation of Church and State is cited in §§ 36.10, 36.3, 36.24, 36.23, & 36.14 of the following treatise: William W. Bassett, W. Cole Durham, Mark A Goldfeder, & Robert T. Smith, Religious Organizations and the Law (November 2021 Update).

8. Prof. James’ article The African-American Church, Political Activity, and Tax Exemption is cited in § 36.14 of the following treatise: William W. Bassett, W. Cole Durham, Mark A Goldfeder, & Robert T. Smith, Religious Organizations and the Law (November 2021 Update).

9. 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: Stellina Jolly & Siddharth Singh, Critiquing Sustainable Development and Analyzing Avenues for Just Sustainability in India, 51 Tex. Envtl. L.J. 187 (2021).

10. Prof. Murphy’s book Administrative Law and Practice 3d. is cited in the following article: Amanda Bolles Watson, “The Report of my Death Was an Exaggeration” – The Legal Treatise, 50 J.L. & Educ. 256 (2021).

11. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Justin W. Aimonetti, Voigt Deference: Deferring to a State Agency’s Interpretation of a Federal Regulation, 106 Minn. L. Rev. Headnotes 100 (2021).

12. Prof. Christopher’s article Will I Pass the Bar Exam? Predicting Student Success Using LSAT Scores and Law School Performance is cited in the following article: Kevin Woodson, Entrenched Racial Hierarchy: Educational Inequality from the Cradle to the LSAT, 47 Mitchell Hamline L. Rev. 224 (2021).

13. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited in §§ 9, 11 of the following restatement: Restatement (Third) of Torts (October 2021 Update).

14. 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 § 34.8 of the following book: Rogers Environmental Law 2d. (November 2021 Update).

15. Prof Brie Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid is cited in § 31.6 of the following book: Rogers Environmental Law 2d. (November 2021 Update).

16. Prof. Beyer’s treatise Texas Practice Series: Marital Property and Homesteads was cited by the Fort Worth Court of Appeals in its opinion in Touponse v. Touponse, No. 02-20-00285-CV, 2021 WL 2753504 (July 1, 2021).

17. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Kristin E. Hickman, Nondelegation as Constitutional Symbolism, 89 Geo. Wash. L. Rev. 1079 (2021).

18. Prof. Murphy’s article The Brand X Constitution is cited in the following article: Mark H. Gallant, Esq., Medicaid Expansion Developments in the Wake of the NFIB Decision, 20130320 AHLA Seminar Papers 48 (2021).

19. Prof. Spain’s article The Elimination of Marital Fault in Awarding Spousal Support: The Minnesota Experience is cited in the following article: Mackenzie Burch, The Changing Landscape of Spousal Support, 34 J. Am. Acad. Matrim. Law. 271 (2021).

20. Prof. Murphy’s article Abandoning Standing: Trading a Rule of Access for a Rule of Deference is cited in the following article: Steven J. Mulroy, Baby & Bathwater: Standing in Election Cases After 2020, 126 Dick. L. Rev. 9 (2021).

21. Prof. Murphy’s article Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Omari Scott Simmons, The Federal Opinion: Delaware as a De Facto Agency, 96 Wash. L. Rev. 935 (2021).  

News

1. On October 29, 2021, Prof. Beyer was a virtual speaker at the Representing Estate and Trust Beneficiaries and Fiduciaries program sponsored by ALI-CLE. His presentation and accompanying paper were entitled Just Because You Are Still Alive Doesn’t Mean You Cannot Probate Your Will: Ante-Mortem Probate as the Ultimate Will Contest Prevention Technique.

2. On November 5, 2021, Prof. Beyer was a featured speaker at the 29th Annual Estate Planning Institute in Las Cruces, New Mexico sponsored by the Community Foundation of Southern New Mexico. Prof. Beyer’s presentation and accompanying article were entitled Don’t Get Lost in Cyberspace: How to Plan for and Administer Digital Assets. His talk included discussions of cryptocurrency and non-fungible tokens.

3. On November 19, 2021, Prof. Gerry W. Beyer was interviewed via Zoom by United Kingdom’s ITV News for a story about a German Countess, Karlotta Liebenstein, who allegedly created a trust when she died in 1991 for her dog, Gunther, and his descendants. Prof. Beyer explained that the story appears to be an elaborate publicity stunt. He concluded his appearance with the advice that regardless of the fictitious nature of the story, it is a reminder of the importance of a pet owner making arrangements to assure that pets are cared for after the owner’s death.

4. The Executive Director of the Uniform Law Commission appointed Prof. Gerry W. Beyer as the Reporter for the Drafting Committee on Electronic Estate Planning Documents. Prof. Beyer will be primarily responsible for researching and drafting the new act.

5. On November 30, 2021, the American College of Trust and Estate Council released Prof. Gerry W. Beyer’s podcast entitled An Update on NFTs – Non-fungible Tokens. The podcast is available here.

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