December 2021 Law Faculty Publications & News

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

Articles, Essays, and Reviews

1. Gerry W. Beyer, 19 & 19A, West’s Legal Forms – Residential Real Estate (5th ed. 2021-22 Supp.).

2. Gerry W. Beyer, Texas Law of Wills (9 & 10 Tex. Prac.) (4th ed. 2021-20221 ed.).


1. Prof. Hardberger is quoted in the following article: Zoe Kurland, In Rural West Texas, The Demand for Well Water is Growing, Marketplace (December 14, 2021), available at


1. 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 §§ 4:29 & 6:16 of the following book: Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (December 2021 Update).

2. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in § 136:25 of the following work: Richard T. Ostlund & Dan Hall, Business and Commercial Litigation in Federal Courts 5th American Bar Association Section of Litigation (December 2021 Update).

3. Prof. Chiappinelli’s article Red October: Its Origins, Consequences, and the Need to Revive the National Market System is cited in §§ 1:76 & 14:18 of the following treatise: Thomas Lee Hazen, Treatise on the Law of Securities Regulation (December 2021 Update).

4. Prof. Rosen’s book Constitutional Law: Cases, Materials, and Problems (5th Ed) is cited in the following article: Steven I. Friedland, Digital Architectures of ‘Smart’ Cities and the Fourth Amendment: A Response to Andrew Ferguson, 106 Iowa L. Rev. Online 176 (2021).

5. 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: Kelly McGee, A Place Worth Protecting: Rethinking Cost-Benefit Analysis Under FEMA’s Flood Mitigation Programs, 88 U. Chi. L. Rev. 1925 (2021).

6. Prof. Rob 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: Sarah L. Swan, Running Interference: Local Government, tortious Interference With Contractual Relations, And the Constitutional Right to Petition, 36 J. Land Use & Envtl. L. 57 (2021).

7. Prof. Christopher’s article Mobile Banking: The Answer for the Unbanked in America is cited in the following article: Doug Lajoie, Developments in Promoting Financial Inclusion, 39 Rev. Banking & Fin. L. 2 (2021).

8. Prof. Christopher’s article Mobile Banking: The Answer for the Unbanked in America is cited in the following article: Robert C. Hockett, The Capital Commons: Digital Money and Citizens’ Finance in a Productive Commercial Republic, 39 Rev. Banking & Fin. L. 345 (2021).

9. Prof. Sutton’s article Emerging Biotechnologies and the 1972 Biological Weapons Convention: Can It Keep up with the Biotechnology Revolution? is cited in the following article: Braden Leach, Necessary Measures: Synthetic Biology & the Biological Weapons Convention, 25 Stan. Tech. L. Rev. 141 (2021).

10. Prof. Rosen’s article Civilian Courts and the Military Justice System: collateral Review of Courts-Martial is cited in the following article: Joshua E. Kastenberg, The Limits of Executive Power in Crisis in the Early Republic: Martin v. Mott—An Old Gray Mare—Reexamined Through Its Own History, 82 La. L. Rev. 161 (2021).

11. Prof. Beyer’s articles Estate Planning in the Digital Age and When You Pass On, Don’t Leave the Passwords Behind: Planning for Digital Assets are cited in § 2:14 of the following practice series: Mary F. Radford, Redfearn Wills and Administration in Georgia (November 2021 Update).

12. Prof. Beyer’s article Pre-Mortem Probate is cited in § 6:25 of the following practice series: Mary F. Radford, Redfearn Wills and Administration in Georgia (November 2021 Update).

13. Prof. Humphrey’s article Two-Stepping Around a Minor’s Constitutional Right to Abortion is cited in the following article: Lisa V. Martin, Modernizing Capacity Doctrine, 73 Fla. L. Rev. 821 (2021).

14. Prof. Camp’s article Bound by the BAP: The Stare Decisis Effects of BAP Decisions is cited in the following article: Jonathan Remy Nash, Courts Creating Courts: Problems of Judicial Institutional Self-Design, 73 Ala. L. Rev. 1 (2021).

15. Prof. Benham’s article E-Discovery Direct Access of Electronic Devices After In re Marion Shipman is cited in the following book: Caroline Baker & Sofia Androgue, Texas Business Litigation (December 2021 Update).

16. Prof. Sutton’s article Native Americans and Discriminatory Administration with Facially Neutral Rules is cited in the following article: Cristina Isabel Ceballos, David Freeman Engstrom, & Daniel E. Ho, Disparate Limbo: How Administrative Law Erased Antidiscrimination, 131 Yale L.J. 370 (2021).

17. 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).

18. Prof. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look is cited in § 4:32 of the following practice series: Lawrence G. Cetrulo, Toxic Torts Litigation Guide (December 2021 Update).

19. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited in the following article: Michael Thomas Murphy, The Search for Clarity in an Attorney’s Duty to Google, 18 J. ALWD 133 (2021).

20. Prof. Camp’s article New Thinking About Jurisdictional Time Periods in the Tax Code is cited in the following article: Hannah Fisher, Getting Down to Brass Tax: Why Courts Should Use Equitable Tolling to Help Taxpayer-Petitioners Impacted by COVID-19, 2021 U. Chi. Legal F. 379 (2021).

21. Prof. Shannon’s article The 1995 Revisions to the DTPA: Altering the Landscape is cited in § 6:19 of the following practice series: Roy W. McDonald & Elaine A. Grafton Carlson, McDonald & Carlson Texas Civil Practice (December 2021 Update).

22. Prof. Casto’s article Oliver Ellsworth is cited in the following article: Emile J. Katz, The “Judicial Power” and Contempt of Court: A Historical Analysis of the Contempt Power as Understood by the Founders, 109 Calif. L. Rev. 1913 (2021).

23. Prof Beyer’s article Estate Planning for Mary Jane and other Marijuana Users is cited in the following article: Bridget J. Crawford & Jonathan G. Blattmachr, Estate Planning for Cannabis Business Owners: An Introduction, 47 ACTEC L.J. 11 (2021).

24. Prof. Gonzalez’s article At the Intersection of Religious Organization Missions and Employment Laws: The Case of Minister Employment Suits is cited in the following article: Rachel Casper, When Harassment at Work is Harassment at Church: Hostile Work Environments and the Ministerial Exception, 25 U. Pa. J. L. & Soc. Change 11 (2021).

25. Prof. Rob Sherwin’s article “Source” of Protection: The Status fo the Reporter’s Privilege in Texas and a Call to Arms for the State’s Legislators and Journalists is cited in the following article: Frank D. LoMonte & Philip J. Sliger, Smartphone Security for the Mobile Journalist: Should Reporters Give Police the Finger?, 23 N.C. J.L. & Tech. 214 (2021).


1. The State Bar of Texas recently appointed Prof. Beyer to the Planning Committee for the 2022 Advanced Estate Planning & Probate Course.

2. The Texas Tech University Arts Committee recently appointed Prof. Hardberger to the committee.

3. On December 15, 2021, Prof. Beyer was an invited presenter for the American Law Institute’s Continuing Legal Education program. His virtual presentation and accompanying article were entitled Avoiding the Most Common Ethical Errors in Estate Planning.

4. Prof. James was named to the National Law Journal’s list of Family/Elder Law Trailblazers. He will be featured on the list, including a profile and photograph, in the April issue of National Law Journal.

5. On December 17, 2021, Prof. Beyer presented a virtual seminar for Leimberg Webinar Services entitled Estate Planning for Cyber Property: Non-Fungible Tokens, Cryptocurrency, and E-mail Messages.

6. The president of the American College of Trust and Estate Counsel appointed Prof. Beyer as the Vice Chair of the Academic Membership and Legal Education Committees with his term to begin in March 2022.

December 2021 New Resources

In December 2021, the Law Library added the following new resources to the collection to support the research and curricular needs of our faculty and students.

New Resources

Bremer-Kovacs Collection:  Historic Documents Related to the Administrative Procedure Act of 1946 – A new comprehensive collection from HeinOnline, designed to make the APA’s history more accessible and understandable. The Collection begins in 1929 with the APA’s first predecessors: bills to regulate administrative procedure that were introduced in Congress but never enacted. The Collection’s coverage expands in 1933, tracking heightened interest in administrative reform following President Roosevelt’s first inauguration and spurred on by the New Deal expansion of the federal administrative apparatus. The Collection includes a comprehensive legislative history of the Walter-Logan Bill of 1940, which Congress approved but President Roosevelt vetoed, as well as later bills that culminated in the Administrative Procedure Act of 1946 (APA).

New Books


1. Lynn M. LoPucki, Christopher R. Mirick, and Christopher G. Bradley, Strategies for Creditors in Bankruptcy Proceedings (2021).


2. Elizabeth S. Dillon and James A. Goniea, eds., Franchise Law Compliance Manual (2021).

3. Suzanne McSorley, Richard Tyler, and Erin Krejci, eds., Construction Defects:  Assessment, Analysis, and Resolution (2021).

4. Deborah S. Coldwell and Robert M. Einhorn, eds., The Franchise Litigation Handbook (2021).


5. Cynthia M. Pigott, Diary of a Mad Juror:  An Inside Look at a Record-Breaking Wrongful-Death Trial That Fell Short of the Truth (2021).


6. Stephen E. Henderson, Our Constitutional Constraints:  Adjudication (2021).

7. William Harmening, The Deadly Force Script:  How the Police in America Defend the Use of Excessive Force (2021).


8. Steven N. Peskind, The Divorce Trial Manual:  From Initial Interview to Closing Argument (2021).

9. Karen Greenberg, Michael Voorhees, Larry Jenkins, and Mark Fiddler, Contested Adoptions:  A Lawyer’s Guide to All Sides (2021).


10. Laura Rothstein and Scott F. Johnson, Special Education Law (2021).


11. Tommy Tobin, ed., Food Law:  A Practical Guide (2021).


12. Cesar Cuauhtemoc Garcia Hernandez, Crimmigration Law (2021).


13. Steven M. Richman, The Photography Law Handbook (2021).


14. Dennis Unkovic, Transforming the Global Supply Chain:  Cyber Warfare, Technology, and Politics (2021).


15. James R. Elkins, The Law School Journey:  A Calendar of Readings (2020).


16. Elyse H. Fox, Tell Your Story:  Writing and Publishing for Law Librarians (2020).

17. Nancy Falciani-White, Creativity:  A Toolkit for Academic Libraries (2021).


18. Carol A. Fichtelman, Marijuana Law:  A Legal Research Guide (2021).


19. Paul Mark Sandler, The Fine Art of Trial Advocacy:  A Young Lawyer’s Resource for Success (2021).

20. Robert M. Cary, Craig D. Singer, and Simon A. Latcovich, Federal Criminal Discovery (2021).


21. Dean N. Alterman, How to Draft Easements (2021).


22. Richard A. Paschal, Jim Crow in North Carolina:  The Legislative Program From 1865 to 1920 (2021).

23. Teri A. McMurtry-Chubb, Race Unequals:  Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy (2021).


24. Kenney F. Hegland and Lawrence Frolik, Why Did I Walk Into This Room?:  A Thinking Person’s Guide to Growing Older (2020).


25. United States Sentencing Commission, Inter-District Differences in Federal Sentencing Practices:  Sentencing Practices Across Districts From 2005-2017 (2020).

All resources are available from the Law Library.  If you would like to check out any of these titles, please contact the circulation desk at either 806-742-3957 or

All electronic databases are available through the Library’s webpage,    Library staff will be able to assist in locating and checking out any of these items or helping you contact the Librarian on call for questions about electronic resources.

Announcing the Aspen Learning Library (formerly Wolters Kluwer Online Study Aid Library)

Wolters Kluwer Online Study Aid Library was recently rebranded as Aspen Learning Library. Aspen Learning Library has a new domain:

What does it mean to us?

·         You can still use your Wolters Kluwer Online Study Aid Library credentials to log in to Aspen Learning Library.

·         If you do not have Wolters Kluwer Online Study Aid Library credentials, please use the link in our Electronic Resources List to access Aspen Learning Library.

·         All the materials of Wolters Kluwer Online Study Aid Library are available on the new Aspen Learning Library platform.

·         All previously saved and bookmarked links will work as expected and be routed appropriately to However, we recommend you update all previously saved and bookmarked links that start with

If you have any questions, please contact the Electronic & Digital Services Librarian, Dajiang Nie, at