February 2024 Law Faculty Publications & News

Throughout the month of February, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for February 1st to February 29th, 2024.

Publications

  1. Prof. Brian Shannon, Model Legal Processes for Court Ordered Mental Health Treatment – A Modern Approach, has been published at 18 FIU L. Rev. 113-50 (2023). See https://ecollections.law.fiu.edu/cgi/viewcontent.cgi?article=1593&context=lawreview. 
  2. Prof. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 62-1 REPTL Rep. 5 (2024).
  3. Prof. Gerry W. Beyer, Wills & Trusts, 9 SMU Ann. Tex. Surv. 393 (2023).
  4. Prof. Gerry W. Beyer & Kerri Nipp, Estate Planning for Cyber Property – Electronic Communications, Cryptocurrency, Non-Fungible Tokens, and the Metaverse, 16 Est. Plan. & Comm. Prop. L.J. 1 (2023).
  5. Prof. Sally M. Henry, Bankruptcy & Commercial Law, 9 SMU Ann Tex. Surv. 1 (2023).
  6. Prof. Geoffrey S. Corn, Attack Decisions: Expanding the Aperture of Accountability, 56 Tex. Tech L. Rev. 15 (2023).
  7. Prof. Brittany Morris, Law Libraries’ Role in Technical Competence and the Effects of COVID-19, 116 Law Libr. J. 95(2024).
  8. Prof. Brian D. Shannon, A Brief History of the Texas Insanity Defense, 13 J. Tex. Sup. Court Hist. Society 2 (2024).
  9. Prof. Victoria Sutton, A Chance to Right Wrongs, unintended consequences (Feb. 18, 2024). A Chance to Right Wrongs – by Prof. Victoria Sutton (substack.com).
  10. Prof. Richard W. Murphy, Administrative Law and Practice, 2 Admin. L. & Prac. (3d ed.).
  11. Prof. Gerry W. Beyer, A woman in China has decided leave her $2.8m fortune to her dogs and cats and nothing to her children, says report, Wills, Trusts & Estate ProfBlog (Feb. 27, 2024).

Citations

  1. Professor Richard W. Murphy’s publication A Guide to Judicial and Political Review of Federal Agencies was cited in the following article: Thomas E. Baker, A Survey of the Literature on Federal Appellate Practice and Procedure, 18 FUI L. Rev. 43 (2023).
  2. Prof. Gerry W. Beyer’s article Max’s Taxes: A Tax-Based Analysis of Pet Trusts was cited in the following article: Charles E. Rounds, Even a pet-trust instrument needs to be free of ambiguities and unaddressed contingencies, JDSupra (Feb, 5, 2024). Even a pet-trust instrument needs to be free of ambiguities and unaddressed contingencies | Charles E. Rounds, Jr. – Suffolk University Law School – JDSupra
  3. Prof. Richard W. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State was cited in the following article: Pauline Trouillard, The Myth of Scarcity in the Broadcasting Sector-And What It Means For Platform Regulation, 22 Colo. Tech. L.J. 121 (2023).
  4. Prof. Richard W. Murphy’s article Judicial Deference, Agency Commitment, and Force of Law was cited in the following article: Richard L. Jolly, The Administrative State’s Jury Problem, 98 Wash. L. Rev. (2023).
  5. Prof. Geoffrey S. Corn’s article Triggering Congressional War Powers Notification: A Proposal to Reconcile Constitutional Practice with Operational Reality was cited in the following publication: Jill Gustafson, American Jurisprudence, 2d War § 11 (2024).
  6. Prof. Richard W. Murphy’s article The Limits of Legislative Control over the “Hard Look”  was cited in the following article: Cade Mallett, Judicial Deference to Agency Action Based on AI, 32 Cath. U. J. L. & Tech. 37 (2023).
  7. Prof. William R. Casto’s article The Federal Courts’ Protective Jurisdiction over Torts Committed in Violation of the Law of Nations was cited in the following article: John Mikhail, The Path of the Prerogatives, 63 Am. J. Legal Hist. 196 (2023).
  8. Prof. Gerry W. Beyer’s Article Digital Assets: The Basics of Cyberspace Estate Planning was cited in the following article: Vladimir Troutsky, Unclaimed (Unowned) Digital Assets: Addressing the Legal Implications of Absent or Unknown Ownership, 16 Elon. L. Rev. 221 (2024).
  9. Prof. Geoffrey S. Corn’s article Military Justice Reform: The ‘Be Careful What You Ask For’ Act was cited in the following article: Dan Maurer, Sovereign, Employer, Community: A Theory of Military Justice Beyond Discipline, Obedience, and Efficiency, 107 Marq. L. Rev. 399 (2023).
  10. Prof. Gerry W. Beyer’s article The Fine Art of Intimidating Disgruntled Beneficiaries with In terrorem Clauses was cited in the following article: Mary F. Radford, Wills, Trusts, Guardianships, and Fiduciary Administration, 75 Mercer L. Rev. 359 (2023).
  11. Prof. Richard W. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” was cited in the following article: Oren Tamir, Beyond the Binary: Toward a New Global Model of Constitutional Rights Adjudication, 41 Berkeley J. Int’l L. 198 (2023).
  12. Prof. Gerry W. Beyer’s article Pay to the Order of Whom?—The Case of the Ambiguous Multiple Payee Designationwas cited in the following publication: Illinois Practice Series, § 5/3-110 (Feb. Update).
  13. Prof. Nancy J. Soonpaa’s article Using Composition Theory and Scholarship to Teach Legal Writing More Effectively was cited in the following article: Carolyn V. Williams, Bracing For Impact: Revising Legal Writing Assessments Ahead of the Collision of Generative AI and the NextGen Bar Exam, 28 Legal Writing 1 (2024).
  14. Prof. Geoffrey S. Corn’s article Mixing Apples and Hand Grenades: The Logical Limit of Applying Human Rights Norms to Armed Conflict was cited in the following article: Daniel D. Maurer, Meta-Law of Armed Conflict Principles, 56 Tex. Tech L. Rev. 113 (2023).
  15. Prof. Geoffrey S. Corn’s article The Law in War: A Concise Overview was cited in the following article: Kenneth Watkin, Misuse of Uniforms, Emblems, Flags, Insignia, and the Ukraine Conflict, 56 Tex. Tech L. Rev. 213 (2023).
  16. Prof. Geoffrey S. Corn’s article Contemplating the Ture Nature of the Notion of “Responsibility” in Responsible Command was cited in the following article: Rachel E. VanLandingham, Military Justice for War Crimes is Not Justice, 56 Tex. Tech L. Rev. 185 (2023).
  17. Prof. Geoffrey S. Corn’s article Regulating Hostilities in Non-International Armed Conflicts: Thoughts on Bridging the Divide Between the Tadic Aspiration and Conflict Realities was cited in the following article: Magdalena Pacholska, “Neither Criminal Nor Civil”: Russian State Responsibility For Conduct of Hostilities Violations in Ukraine, 56 Tex. Tech L. Rev. 151 (2023).
  18. Prof. Gerry W. Beyer’s article Intestate Succession What Every Texas Estate Planner Needs to Know was cited in the following article: Bradford E. Yock, Forced Ownership: Enough to Make a Texas “Laughing Heir” Cry, 16 Est. Plan. & Community Prop. L.J. 165 (2023).
  19. Prof. Patrick S. Metze’s article Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial was cited in the following article: AJ Fitzgerald, Winning By Foreit?: A Discussion of North Carolina’s Forfeiture of the Right to Counsel Sanction and Mentally Ill Defendants, 14 Wake Forest J.L. & Pol’y 85 (2024).
  20. Prof. Richard W. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” was cited in the following article: James J. Burke, Pest or Guest, Friend or Foe? Reframing the “Hard Look” Doctrine’s Role in Environmental Pesticide Policy, 35 Vill. Env’l L.J. 95 (2024).
  21. Prof. Jamie J. Baker’s article A Legal Research Odyssey: Artificial Intelligence as Disruptor was cited in the following article: Jennifier Elisa Chapman, Teaching Critical Use of Legal Research, 28 J. Legal Writing Inst. (2024).
  22. Prof. Dajiang Nie’s article Pedagogy in Introduction to Law Librarianship was cited in the following article: Jennifer Elisa Chapman, Teaching Critical Use of Legal Research, 18 J. Legal Writing Inst. 123 (2024).
  23. Prof. Bryan T. Camp’s article The Failure of Adversarial Process in the Administrative State was cited in the following publication: Richard W. Murphy, Administrative Law and Practice, 1 Admin. L. & Prac. § 2:13 (3d ed.).

Notes

  1. On December 12, 2023, the Supreme Court of Texas and the Texas Court of Criminals Appeals reappointed Horn Distinguished Professor Brian Shannon to a third term to the Texas Judicial Commission on Mental Health. Commissioners include judges at all levels of the judiciary, attorneys, legislators, mental health experts, and advocates. The new appointment is for a term of three years, effective January 1, 2024. See https://texasjcmh.gov/media/13mgklln/new-commissioners-2024-order.pdf.
  2. Prof. Gerry W. Beyer appeared in several news segments on WFAA, the Dallas ABC television affiliate, discussing the importance of having a will and other estate planning documents. The entire interview entitled Explaining how to set up a will with legal expert Gerry Beyer from which the news segments were drawn is available on WFAA’s YouTube page here:  https://www.youtube.com/watch?v=WgcrmuKK-iY&t. Here is link to the news story itself:  https://www.wfaa.com/article/money/business/right-on-the-money/were-almost-dead-ready-time-to-make-wil/287-340171bf-a930-4b0c-bc9f-5794f19ef833
  3. Prof. Gerry W. Beyer traveled to San Antonio where he spoke at the Estate Planning, Probate and Guardianship Seminar Docket Call in Probate Court on February 16, 2024. To an audience of over 200 estate planning professionals, Prof. Beyer presented his paper entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.
  4. Professor Alyson Outenreath was invited to serve on the CLE planning committee for the State Bar of Texas Tax Section’s Advanced Tax Law Course.
  5. Prof. Eric A. Chiappinelli was invited to serve on the Members Consultative Group for the Restatement (Third) Of Agency Members.
  6. On February 23, 2024, Prof. Gerry W. Beyer was a speaker at the Estate Planning & Community Property Law Journal’s 16th Annual CLE and Expo which had an attendance of over 110 in-person and 275 on-line attorneys and other estate planning professionals, as well as Tech Law students. His topic and accompanying article were entitled Case Law Update in which he critiqued recent judicial developments in the areas of intestate succession, wills, estate administration, trusts, and related estate planning issues.

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