October 2023 Law Faculty Publications & News

Publications

• Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., Sept./Oct. 2023, at 22. Probate & Property is an official publication of the Real Property, Probate, Trust and Estate Law Section of the American Bar Association.

• Gerry W. Beyer, Beyer’s Texas Property Code Annotated with Related Texas Law (2023 ed.).

• Gerry W. Beyer, Estate Planning Highlights of the 2023 Texas Legislature, EST. PLAN. DEV. FOR TEX. PROF., Sept. 2023, at 1.

• Prof. Victoria Sutton, Indian Country turns Against Itself, unintended consequences (Oct. 15, 2023).

• Prof. Victoria Sutton, Can the Red Wolf survive the U.S. Dept of Interior?, unintended consequences (Oct. 8, 2023).

• Prof. Victoria Sutton, Ever wonder what happens to public servants who perform poorly or unethically?, unintended consequences (Oct. 5, 2023).

• Prof. Victoria Sutton, The Law of Trees, unintended consequences (Oct. 1, 2023).

Citations

• Prof. Arnold H. Loewy’s article The Use, Nonuse, and Misuse of Low Value Speech was cited in the following article: Jane R. Bambauer, Saura Masconale, et. al., Reckless Associations, 36 Harv. J.L. & Tech. 487 (2023).

• Prof. Richard W. Murphy’s article The Limits of Legislative Control Over the “Hard-Look” was cited in the following article: Carrie Rosenbaum, Arbitrary Arbitrariness Review, 100 Denv. L. Rev. 773 (2023).
• Prof. Dustin B. Benham’s article Twombly and Iqbal Should (Finally!) Put the Distinction Between Intrinsic and Extrinsic Fraud out of its Misery was cited in the following article: Elizabeth M. Fritz, Reexamining Recall of Mandate: Limitations on the Inherent Power to Change Final Judgments, 23 JU. App. Prac. & Process 301 (2023).

• Prof. Brian D. Shannon’s article The Time is Right to Revise the Texas Insanity Defense: An Essay was cited in the following article: Gwendolyn West, Insanity and Incompetency: Courts, Communities, and the Intersections of Mental Illness and Criminal Justice in the Wake of Kahler and Trueblood, 53 Golden Gate U. L. Rev. 249 (2023).

• Prof. William R. Casto’s article The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth was cited in the following article: John R. Brooks & David Gamage, Taxation and the Constitution, Reconsidered, 76 Tax L. Rev. 75 (2022).

• Prof. Richard W. Murphy’s article A New Counter-Marbury: Reconciling Skidmore Deference and Agency Interpretive Freedom was cited in the following article: Jack M. Beermann, The Anti-Innovation Supreme Court: Major Questions, Delegation, Chevron and More, forthcoming 65 William & Mary L. Rev. (2023/2024).

• Prof. John L. Watts’ article Tyranny by Proxy: State Action and the Private Use of Deadly Force was cited in the following article: Maryam Jamshidi, The Private Enforcement of National Security, 108 Cornell L. Rev. 739 (2023).

Quotations

• Prof. Amy Hardberger was quoted in the following article: Brittany Peterson & Michael Phillis, When Kula needed water to stop wildfire, it got a trickle. Many other US cities are also vulnerable, AP (Sep. 30, 2023). When Kula needed water to stop wildfire, it got a trickle. Many other US cities are also vulnerable | AP News

• Prof. Patrick Metze was quoted in the following article: Serena Lin, Austin Am. Statesman 2023 WLNR 35149227 (Oct. 12, 2023).

Notes

• Brandon Beck co-authored the merits brief for Respondent in United States v. Rahimi before the U.S. Supreme Court.

• Brandon Beck was the guest speaker at the Vermont Law School’s Supreme Court Seminar on October 5, 2023 (1 hr. 15 min.). The class spent the entire semester on United States v. Rahimi.

• Sally McDonald Henry spoke in a CLE for the Southwestern Association of Bank Counsel, “Banking 10,” on June 2.

• Sally McDonald Henry spoke in an American Bankruptcy Institute panel, Consumer Practice Extravaganza” from October 30 through November 10.

• On October 11, 2023, Prof. Gerry W. Beyer joined three other artificial intelligence experts on a webcast co-sponsored by the American Law Institute and the American College of Trust and Estate Council entitled Artificial Intelligence in Trust and Estate Practice: Benefits and Risks.

• Brandon Beck was the guest speaker at the Duke University School of Law’s Second Amendment Seminar on October 10, 2023 (1 hr. 15 min.), talking about Davis, Rahimi, and the Supreme Court.

• Prof. Amy Hardberger was featured on an interview about local wastewater in San Antonio, Texas. You can find the interview here: https://www.klrn.org/blogs/station-news/saws-to-limit-wastewater-services-in-neighboring-counties/