June 2022 Law Faculty Publications & News

Throughout the month of May, 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, 2022.

Quotes

Citations

  1. Prof. Bryan T. Camp’s article The Play’s The Thing: A Theory of Taxing Virtual Worlds, was cited in the following article: Seldon A. Evans, Pandora’s Box, 90 Geo. Wash. L. Rev. 376 (2022).
  2. Prof. Gerry W. Beyer’s article Leona Helmsley’s Will-A Detailed Analysis, was cited in the following article: William A. Drennan, Restricting Funeral Expense Deductions, 126 Dick. L. Rev. 429 (2022).
  3. Prof. Jarod S. Gonzalez’s review The New Batson: Opening the Door of the Jury Deliberation Room after Pena-Rodriguez v. Colorado was cited in the following article: Daniel S. Harawa, The False Promise of Pena-Rodriguez, 109 Calif. L. Rev. 2121 (2021).
  4. Prof. Richard W. Murphy’s review Due Process and Judicial Review of Government Kill Lists was cited in the following article: The “Bedrock Principle” That Wasn’t: Alliance for Open Society II and the Future of the Noncitizens’ Extraterritorial Constitution, 53 Colum. Hum. Rts. L. Rev. 345 (2021).
  5. Prof. Richard W. Murphy’s review Abandon Chevron and Modernize Stare Decisis for the Administrative State, was cited in the following article: Amy Semet, Statutory Interpretation and Chevron Deference in the Appellate Courts: An Empirical Analysis, 12 UC Irvine L. Rev. 621 (2022).
  6. Prof. Brie D. Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid: A Story of Unfettered Secrecy, Toxicology, and the Resulting Public Health Implications of Natural Gas Development is cited in the following article: Trevor Gruwell, Promoting Industry Transparency in the Field of Hydraulic Fracturing to Facilitate Equitable Balancing of Economic Interests and Public Health, 10 LSU J. of Energy L. & Resources 119 (2022).
  7. Prof. Gerry W. Beyer’s article Rule Against Perpetuities, is cited in the following article: Nancy Shurtz, Estate Planning Articles of Interest, 49 Est. Plan. 30 (2022).
  8. Prof. Richard D. Rosen’s article Funding Non-Traditional Military Operations: The Alluring Myth of a Presidential Power of the Purse, is quoted in the following article: Edward A. Fitzgerald, Sierra Club v. Trump, California v. Trump: Border Wall Funding Knocked Down, 12 Ariz. J. Envtl. L. & Pol’y 179 (2022).
  9. Prof. Gerry W. Beyer’s review Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns was cited in Robert P. Schuwerk & Lillian B. Hardwick’s section of 48 Tex. Prac., Tex. Lawyer & Jud. Ethics sec. 2:4 (2022 ed.).
  10. Prof. Eric W. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro was cited in the following article: Megan M. La Belle, Personal Jurisdiction and the Fairness Factor(s), Emory L. J. 72 (2022).
  11. Prof. Eric. W. Chiappinelli’s article How Delaware’s Corporate Law Monopoly Was Nearly Destroyed, was cited in the following article: Kiran Nasir Gore, Delaware as a Next Generation Hub for International Arbitration Practice: Building the Case for the First State, Beaumontm Flouchard & Brodlija, International Commercial Arbitration: Quo Vadis? (Kluwer 2022).
  12. Prof. William R. Castro’s commentary An Orthodox View of the Two-Tier Analysis of Congressional Control over Federal Jurisdiction was cited in the following article: Charles M. Yablon, Inherent Judicial Authority: A Study in Creative Ambiguity, Cardozo L. Rev. 1035 (2022).
  13. Prof. Robert T. Sherwin’s article Evidence? We Don’t Need No Stickin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens TO De-Fang a Popular Weapon Against Frivolous Litigation was cited in the following publication: Barker & Kent, New Appleman Insurance Bad Faith Litigation, Second Edition §  8.20 (Matthew Bender, Rev. Ed.)
  14. Prof. Richard Murphy’s publication Administrative Law and Practice sec. 12:21 was cited in the following publication: Medicare & Medicaid Guide P. (2022).
  15. Prof. Nancy J. Soonpaa’s article Stress in Law Students was cited in the following article: Christopher L Mathis, An Access and Equity Ranking of Public Law Schools, Rutgers U. L. Rev. 667 (2022).
  16. Prof. Dustin B. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing was cited in the following article: David M. Wilson & Stephanie W. Schmidt, Keeping Secrets: The Practical, Legal, and Ethical Implications of Maintaining Confidentiality in Discovery, 16 No. 4 In-House Def. Q. 26 (2021).
  17. Prof. Richard W. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State was cited in the following article: Ronald M. Levin, The APA and the Assault on Deference, 106 Minn. L. Rev. 125 (2021).
  18. Prof. William R. Castro’s article The Tort Liability of Insane Persons for Negligence: A Critique was cited in the following publication: Restatement (3d) of Torts: Liability for Physical Harm sec. 11 (2022).
  19. Prof. Brian Shannon was cited in the Texas AOT Practitioner’s Guide (2022).
  20. Prof. Gerry W. Beyer & Claire G. Hargrove’s article Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? Was cited in the following article: David Horton, Revoking Wills, Notre Dame L. Rev. 563 (2022).
  21. Prof. Catherine M. Christopher’s article The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking Bitcoin, and the Blockchain was cited in the following article: Casey W. Baker, Thomas Norton, & Ralph E. McKinney, U.S. State Taxation of Cryptocurrency-Involved Transactions: Trends and Considerations for Policy Makers, 75 Tax Law. 601 (2022).
  22. Prof. Gerry W. Beyer’s articles Statutory Fill-in-the Blank Will Forms—the First Decade: Theoretical Constructs and Empirical Findings & Statutory Will Methodologies—Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexisentence? Were cited in the following publication: Restatement (Third) of Property: Wills and Other Donative Transfers sec. 3.1 Attested Wills (2022).
  23. Prof. Victoria Sutton’s article Wind and Wisdom was cited in the following article: Angelique Eaglewoman, Wambdi A. Was’teWinyan, Trailblazing and Living a Purposeful Life in the Law: A Dakota Woman’s Reflections as a Law Professor, 51 Sw. L. Rev. 227 (2022).
  24. Prof. Bryan T. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds was cited in the following article: David Elkins, A Scalar Conception of Tax Residence, 41 Va. Tax. Rev. 149 (2022).
  1. Prof. Richard W. Murphy’s 3 Admin. L. & Prac. § 9:24 (3d ed 2019). was quoted in the following article: Jayanth K. Krishnan, Overstepping: U.S. Immigration Judges and the Power to Develop the Record, Wis. L. Rev. 57 (2022).
  2. Prof. Richard W. Murphy’s 3 Admin. L. & Prac. § 9:24 (3d ed 2019) was quoted in the following article: Stephan E. Smith, Asking Too Much: The Ninth Circuit’s Erroneous Review of Social Security Disability Determinations, 26 Lewis & Clark L. Rev. 229 (2022).
  3. Prof. Gerry W. Beyer’s article Leona Helmsley’s Will—A Detailed Analysis was quoted in the following article: William A. Drennan, Restricting Funeral Expense Deductions, 126 Dick. L. Rev. 429 (2022).

News

  1. Prof. Gerry W. Beyer’s review The Double-Edged Sword of Hunting Heirs, was posted on JOTWELL, The Journal of Things We Like (Lots), on June 14, 2022. In this review, he critiques David Horton & Reid Kress Weisbord, Heir Hunting, 169 U. Pa. L. Rev. 383 (2021).
  2. Sally M. Henry spoke at a Federal Bar Association webinar “Ripped From the Headlines: Hot Topics in Bankruptcy” on May 4, 2022.
  3. On May 4 and 5, 2022, Prof. Gerry W. Beyer was in Galveston, Texas to serve as the featured presenter at the Texas Association of Counties’ Probate Academy. To an audience of Constitutional County Court judges and their clerks, Prof. Beyer made the following presentations:
    • Judicial Update: Appellate Court Decisions
    • Will Interpretation & Construction Issues
    • Handling Requests for Digital Assets, Cryptocurrency, and NFTs
    • Requirements of a Valid Texas Will
    • Intestate Succession: Who Gets What and Why?
    • Alternatives to Traditional Probates
    • Q&A with Professor Beyer
  1. On May 10, 2022, Prof. Gerry W. Beyer was the guest speaker at two events in Las Vegas. First, at the breakfast meeting of the Southern Nevada Estate Planning Council, he presented his paper entitled Anticipating Will Contests and How to Avoid Them. At lunchtime, he presented his paper entitled Estate Planning in a Cyber World: Cryptocurrency, Non-Fungible Tokens, and E-mail as part of the Northern Trust Master Series.
  2. On April 29, 2022, Prof. Gerry W. Beyer was an invited speaker at the 41st Annual Kansas City Estate Planning Symposium held in Overland Park, Kansas. Prof. Beyer presented two of his papers, What Estate Planners in Common Law Marital Property States Need to Know About Community Property and Avoiding the Estate Planning Blue Screen of Death With Competent and Ethical Practices, to an audience of over 500 estate planning attorneys and other professionals with over 200 attending in-person and 300 virtually.
  3. On May 12, 2022, Prof. Gerry W. Beyer traveled to Odessa, Texas to serve as the luncheon speaker for the Midland-Odessa Business and Estate Council. His presentation and accompanying article were entitled Recent Developments from the Texas Courts.
  4. On May 13, 2022, Prof. Gerry W. Beyer traveled to Amarillo, Texas where he was a featured speaker at the 30th Annual Institute on Estate Planning sponsored by the Amarillo Area Estate Planning Council. His presentations and accompanying articles were entitled Estate Planning for Cyber Property and Recent Developments.
  5. Prof. Brian Shannon was acknowledged in Executive Board Notes, 54 Tex. Tech L. Rev. I (2022).
  6. Associate Dean Alyson Outenreath was acknowledged in Executive Board Notes, 54 Tex. Tech L. Rev. I (2022).
  7. On May 17, 2022, Prof. Gerry W. Beyer spoke virtually for the Eugene (Oregon) Estate Planning Council. His topic and accompanying article were entitled Estate Planning in a Cyber World: Cryptocurrency, Non-Fungible Tokens, and E-mail.
  8. Prof. William R. Castro was named as one of the Members Consultative Group of the Restatement (Third) of Unfair Competition Members (1993) updated in 2022.

May 2022 Law Faculty Publications & News

Throughout the month of May, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for May 1st to May 31st, 2022.

Articles, Essays, and Reviews

  1. Prof. Victoria Sutton, What Have We Learned about Federalism and Public Health Emergencies Since 2001?, 69-FEB Fed. Law. 50 (2022).

Citations

  1. Prof. Gerry W. Beyer’s article Videotape and the Probate Process is cited in the following publication: Eunice L. Ross & Thomas J. Reed, Will Contests sec. 14:14 2d ed. (2022).
  1. Prof. Bryan T. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Word’s is cited in the following article: Sheldon A. Evans, Pandora’s Loot Box, 90 Geo. Wash. L. Rev. 376 (2022).
  1. Prof. Gerry W. Beyer’s article Ante-Mortem Probate: A Viable Alternative is cited in the following article: Reid K. Weisbord & David Horton, The Future of Testamentary Capacity, 79 Wash. & Lee L. Rev. 609 (2022).
  1. Prof. Arnold H. Loewy’s article Why Roe v. Wade Should be Overruled is cited in the following article: Clarke D. Forsythe & Regina Maitlen, Stare Desis, Settled Precedent, and Roe v Wade: An Introduction, 34 Regent U. L. Rev. 385 (2021-22).
  1. Prof. William R. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion is cited in the following article: Joshua J. Schroeder, Leviathan Goes to Washington: How to Assert the Separation of Powers in Defense of Future Generations, 15 Fla. A&M U. L. Rev. 1 (2021).
  1. Prof. Jarod S. Gonzalez’s article On the Edge: The ADA’s Direct Threat Defense and the Objective Reasonableness Standard is cited in the following article: Kimberly L. Jones & Emma M. Feeney, COVID-19 and the Americans with Disabilities Act: When Might the Disease be Considered a Disability for which Employees Have Legal Protections in the Workplace?, 99 Denv. L. Rev. 311 (2022).
  1. Prof. Jarod S. Gonzalez’s article At the Intersection of Religious Organization Mission and Employment Laws: The Case of Minister Employment Suits is cited in the following article: Patrick Hornbeck, A Nun, A Synagogue Janitor, and a Social Work Professor Walk Up to the Bar: The Expanding Ministerial Exception, 70 Buff. L. Rev. 695 (2022).
  1. Prof. Richard Murphy’s article Notice and Opportunity to be Heard Before the President Kills You is cited in the following article: Michael Herz & Kevin M. Stack, The False Allure of the Anti-Accumulation Principle, 102 B.U. L. Rev. 925 (2022).
  1. Prof. Gerry W. Beyer’s article When You Pass on, Don’t Leave the Passwords Behind: Planning for Digital Assets is cited in the following article: Andrew Gilden, Endorsing After Death, 63 Wm. & Mary L. Rev. 1531 (2022).
  1. Prof. Jaord S. 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: Farhan I. Mohiuddin, Getting Paid to Discriminate: The Clash Between Religious Autonomy and Principles of Justice and Fairness, 59 Hous. L. Rev. 973 (2022).
  1. Prof. William R. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion is cited in the following article: T. T. Arvind & Christian R. Burset, A New Report of Entick v. Carrington (1765), 110 Ky. L.J.265 (2021-22).
  1. Prof. Richard W. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Jonathan H. Adler, Super Deference and Heightened Scrutiny, 74 Fla. L. Rev. 267 (2022).
  1. Prof. John L. Watts’ article Tyranny by Proxy: State Action and the Private Use of Deadly Force is cited in the following article: Jacob D. Charles & Darrell A. H. Miller, Violence and Nondelegation, 135 Harv. L. Rev. F. 463 (2022).
  1. Prof. John L. Watts’ article Differences without Distinctions: Boyle’s Governmental Contractor Defense Fails to Recognize the Critical Difference Between Civilian and Military Plaintiffs and Between Military and Non-Military Procurement is cited in the following publication: Dan B. Dobbs, Paul T. Hayden, & Ellen M. Bublick, Dobbs’ Law of Torts, § 352 (2d ed. 2022).
  1. Prof. Dustin B. Benham’s article Twombly and Iqbal Should (Finally) Put the Distinction between Intrinsic and Extrinsic Fraud out of its Misery is cited in the following article: Amir Shachmurove, Entombed Writs’ Effective Renaissance: Surveying and Sealing Federal Rule of Civil Procedure 60(B)’s Interpretive Gaps, 70 Clev. St. L. Rev. 761 (2022).
  1. Prof. William R. Casto’s article Foreign Affairs and the Constitution in the Age of Fighting Sail is cited in the following article: Homer A. La Rue, Outsourcing the Cyber Kill Chain: Reinforcing the Cyber Mission Force and Allowing Increased Contractor Support of Cyber Operations, 12 J. Nat’l Security L. & Pol’y 583 (2022).
  1. Prof. Larry R. Spain’s article The Opportunities and Challenges of Providing Equal Access to Justice in Rural Communities is cited in the following article: Luz E. Herrera, Amber Baylor, et al., Evaluating Legal Needs, 36 Notre Dame J.L. Ethics & Pub. Pol’y 175 (2022).

Notes

  1. Prof. Richard Murphy’s Admin L. & Prac. §§ 4:22, 5:68 (3d ed. 2019) was mentioned in the Medicare and Medicaid Prac. Guide (2022).
  1. Prof. Gerry W. Beyer’s article Non-Fungible Tokens: What Every Estate Planner Need to Know was mentioned in the following article: Anna Sulkin, The Busy Practitioner’s Guide to Recent Journal Articles, Trusts & Estates (2022).
  1. On June 15, 2022, Prof. Gerry W. Beyer received the Distinguished Probate Attorney Lifetime Achievement Award presented by the Real Estate, Probate, and Trust Law Section of the State Bar of Texas at the State Bar’s Advanced Estate Planning & Probate Course in San Antonio. This award recognizes distinguished Texas probate attorneys who have made significant and sustained contributions to the Texas probate, estate, and trust law bar throughout their careers.
  1. Professor Gerry W. Beyer’s Barbri Wills & Trusts presentations are distributed nationally to recent law school graduates who are studying for the July 2022 bar examination. In total, students taking the bar exam in 44 states view his videos: all UBE states as well as California, Hawaii, South Dakota, and Wisconsin.  In addition, Prof. Beyer regularly answers questions from Bar/Bri students located in these states by e-mail or Zoom conferences.

National Library Week!

The Law Library at Texas Tech is looking forward to returning to hosting our National Library Week Programing! National Library Week will be from April 3rd – 9th! To celebrate the library will be hosting several events and contests.

Pet of the Week Tournament of Champions:

We will be running a single-elimination tournament to crown pet of the year! The bracket will be posted on April 8th along with the dates for voting. Friday will be the last match up with the winner taking home a prize!

Celebration of our Staff:

At the entrance to the library will be a poster with clues as to staff members’ identities. Match the staff member to the clue and enter a drawing for a gift card. Only one entry per person and you must correctly match the staff members to their clues.

Hint: All answers will be located on our social media.

Find Lady Justice:

On our social media, you will find clues to where Lady Justice is hiding for the day. First-person to locate her and bring her to Professor Morris (127A off the collaborative commons, or ask at the circulation desk) will get a gift card.

First Semester 1L Study Guides

Dear 1Ls,

You have probably already started to hear about how different law exams are. In your Introduction to the Study of Law class, you have probably started to hear about IRAC and CREAC, but did you know that the library maintains a collection of study guides for our students?

            Not only do we have books on specific subjects, but we also have books on how to excel at law school exams. What follows is a list of selected books to help you with your first round of exams.

General Exam Guides

How to Write Law Exams, IRAC Perfected by S.I. Strong

            This book differs from other guides in that it not only goes into a detailed explanation of the IRAC method of writing exams, but it gives sample student responses with detailed critiques of where they excel or fall short. At just about 120 pages dedicated to the writing exams. This guide is a quick read that can help prepare you to take exams.

A Students Guide to Legal Analysis, Thinking Like a Lawyer by Patrick M. McFadden

            You have probably heard already you are in law school to “learn to think like a lawyer.”  What does that mean? By in large, that means learning to do legal analysis. This book explores the “A” in IRAC. By asking the questions that this guide lays out, you are on your way to writing in a more lawyerly style.

Getting to Maybe, How to Excel on Law School Exams by Richard Michael Fischl and Jeremy Paul

            Getting to Maybe takes a slightly different approach to law exams. The book encourages exam takers to identify what type of question is being asked. While plenty of law school exams are traditional “issue spotters” (and Getting to Maybe covers that as well), other types of questions such as questions that ask the exam taker to determine a policy. It encourages test takers to spend the most time with analysis where the answers are less clear and to embrace the gray of legal issues. The book also includes general advice on how to prepare for exams and where to spend your valuable time.

Specific Subject Guides

            The following list has titles for all the first semester 1L doctrinal classes, Civil Procedure, Torts, and, Contracts.

Examples & Explanations

            E&E provides a plain language of the subject organized into easy-to-understand stand-alone chapters. At the end of each chapter, there are questions for the reader to contemplate. Frequently the questions have a clear answer. However, the beauty in this guide is that the explanations of the questions focus on what specific facts changed slightly will change the outcome of the question.

Emanuel’s Law Outlines

            Before introducing this guide, understand, the best outline is the outline that you write yourself. Emanuel’s drawbacks are that they are very long, very detailed, and cover things that your professor may not cover.   That being said, if there are gaps in your outline that you are having trouble filling, this may be a helpful guide to fill in where you find your outline falling short.

Siegel’s Essay and Multiple Choice Questions and Answers.

            While it is undoubtedly true that it is not sufficient to know the law to do well on law exams, it is still a necessary condition to do well on exams. Siegel’s helps with both knowing the law and applying the law. This guide provides you with multiple-choice questions that will test your knowledge of black letter law, and it also provides essays with model answers to grade yourself against. This book is strictly for review. It does not offer a discussion, only questions.

All of these titles are available for check out at the circulation desk. If a title is unavailable please place a hold for the book and do not use interlibrary loan.