Author: fjhinojosa

Throughout the month of April, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for April 1st to April 30th, 2022.

Articles, Essays, and Reviews

1. Gerry W. Beyer, West’s Texas Forms – Real Property (Vols. 13, 14, & 15) (2d ed. 2022 Supp.).

2. Gerry W. Beyer, Potpourri, 60-2 Real Est., Prob. & Tr. L. Rep., at  4 (2022).

3. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 60-2 Real Est., Prob. & Tr. L. Rep., at  5 (2022).

Citations

1. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is 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).

2. Prof. Humphrey’s article The Millennial Juror is cited in the following article: Harry Mitchell Caldwell, Closing the Deal: Principles of Closing Argument Grounded in Empirical Studies and Lessons of the Masters, 45 Am. J. Trial Advoc. 1 (2021).

3. Prof. Christopher’s article Eye of the Beholder: How Perception Management Can Counter Stereotype Threat Among Struggling Law Students is cited in the following article: Janet Thompson Jackson, Wellness and Law: Reforming Legal Education to Support Student Wellness, 65 How. L.J. 45 (2021).

4. Prof. Beyer’s article Video Recording the Will Execution Ceremony is cited in the following article: Alexander James Anselment, New York Executive Order 202.14: A Temporary Fix to a Temporary Problem, Or a Framework to Change Estate Planning Document Execution?, 32 Alb. L.J. Sci. & Tech. 99 (2022).

5. Prof. Murphy’s book Administrative Law and Practice is cited in the following article: Joseph Avery, Fumble! Anti-Human Bias in the Wake of Socio-Technical System Failures, 53 Ariz. St. L.J. 1009 (2021).

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

7. Prof. Gossett’s article How States are Profiting from the Child’s Right to Protection is cited in the following article: Bernard James, Restorative Justice Liability: School Discipline Reform and the Right to Safe Schools, 51 U. Mem. L. Rev. 613 (2021).

8. Prof. Spain’s article The Unfinished Agenda for Law Schools in Nurturing a Commitment to Pro Bono Legal Services by Law Students is cited in the following article: David W Lannetti & Jennifer L. Eaton, Sparking a Movement: A Coordinated, Bottom-Up Approach to Increase Voluntary Pro Bono Service and Mend the Justice Gap, 25 Rich. Pub. Int. L. Rev. 1 (2022).

9. Prof. Gonzalez’ article A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure is cited in §2321 of the following work: Federal Rules of Civil Procedure (April 2022 Update).

10. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in §136:25 of the following work: Business and Commercial Litigation in Federal Courts (5^th Ed.) (December 2021 Update).

11. Prof. Christopher’s article Normalizing Struggle is cited in the following article: Beth A. Brennan, Explicit Instruction in Legal Education: Boon or Spoon?, 52 U. Mem. L. Rev. 1 (2021).

12. 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 the following article: Amanda K. Rudat, Amending the Federal Advisory Committee Act to Protect Independent Scientific Expertise, 48 Ecology L.Q. 597 (2021).

13. Prof. Brie 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: Amy Kapczynski, The Public History of Trade Secrets, 55 U.C. Davis L. Rev. 1367 (2022).

14. Prof. 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).

15. Prof. Christopher’s article Mobile Banking: The Answer for the Unbanked in America? is cited in the following article: Janine S. Hiller & Lindsay Sain Jones, Who’s Keeping Score?: Oversight of Changing Consumer Credit Infrastructure, 59 Am. Bus. L.J. 61 (2022).

16. Prof. Beyer’s article What if Your Parrot Outlives You? Preparing for Your Bird’s Future is cited in the following article: Kaity Y. Emerson & Kevin Bennardo, Unleashing Pets from Dead-Hand Control, 22 Nev. L.J. 349 (2021).

17. Prof. Rob Sherwin’s article The Changing Landscape of the Texas Citizens Participation Act is cited in the following article: Matthew D. Bunker, The Jurisprudence of Public Concern in Anti-Slapp Law: Shifting Boundaries in Statutory Protection of Free Expression, 44 Hastings Comm. & Ent L.J. 133 (2022).

18. Prof. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion is cited in the following article: Joshua J. Schroeder, We Will All Be Free or None Will Be Free: Why Federal Power is Not Plenary, But Limited and Supreme, 27 Tex. Hisp. J. L. & Pol’y 1 (2021).

News

1. On April 4, 2022, Prof. Beyer was the virtual guest speaker for the New York City Bar’s Trusts, Estates, and Surrogate’s Court Committee. His presentation was entitled Introduction to Non-Fungible Tokens.

2. On April 7, 2022, Prof. Beyer made a virtual CLE presentation to a national audience entitled Anticipating Will Contests and How to Avoid Them for Celesq/Thomson Reuters/West LegalEdCenter.

3. On April 8, 2022, Prof. Beyer was the virtual guest speaker at the April meeting of the Collin County Bar Association’s Estate Planning & Probate Section. His presentation and accompanying article were entitled Case Law Update and discussed recent Texas judicial developments in intestate succession, wills, estate administration, and trusts.

4. The Texas Tech law librarians, Jamie Baker, Dajiang Nie, Brittany Morris, and Ashley Arrington presented together at the Southwestern Association of Law Library conference on testing legal research on NextGen Bar Exam that is currently under development by the NCBE. Dajiang, Morris, and Arrington all participated in additional sessions on electronic resources during COVID-19, law librarian title considerations, and library social media plans.

5. On April 29, 2022, Prof. Benham made a virtual appearance as a Faculty Discussion leader for Elon Law’s webinar for first-generation students discussing topics such as study tips, wellness and relationships, planning for the summer, and finding happiness during law school.

6. On April 26, 2022, Prof. Beyer traveled to Dallas where he was the featured luncheon speaker for the Probate, Trusts, and Estates Section of the Dallas Bar Association. His presentation and accompanying article were entitled Morals From the Courthouse: A Study of Recent Cases Impacting the Wills, Probate, and Trust Practice.

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

Articles, Essays, and Reviews

1. Catherine Christopher, How to Lead from Anyplace in the Faculty Ranks, The Chronicle of Higher Education (2022).

2. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., (March & April 2022).

3. Gerry W. Beyer, Recent Developments From the Texas Courts, Est. Plan. Dev. for Tex. Prof., (March 2022).

4. Gerry W. Beyer, Nonfungible Tokens: What Every Estate Planner Needs to Know, WealthCounsel Quarterly, (2022).

5. Stephen T. Black, Who Owns Your Data?, 54 Ind. L. Rev. 305 (2022).

6. Dajiang Nie, An Underestimated Showcase of Student Scholarship: Law School Institutional Repositories, 60 Duq. L. Rev. 34 (2022).

7. Victoria Sutton, What Have We Learned About Federalism and Public Health Emergencies Since 2001?, The Federal Lawyer (2022).

Quotes

1. Prof. Camp is quoted in the following article: Ella Lee, Fact Check: Post About Taxes and Paycheck Protection Programs Loans is Missing Context, USA Today (March 10, 2022; 5:41pm), available at: https://www.usatoday.com/story/news/factcheck/2022/03/10/fact-check-ppp-loans-arent-reported-taxable-income-experts-say/6751238001/

2. Prof. Camp is quoted in the following article: Theresa Shliep, 6^th Circ. Easement Ruling Instructive for Tax Reg Litigants, LAW 360 Tax Authority (March 23, 2022; 5:57pm), available at: https://www.law360.com/tax-authority/articles/1476294/6th-circ-easement-ruling-instructive-for-tax-reg-litigants

3. Prof. Hardberger is quoted in the following article: Eric Killelea, Innovation or rabbit hole? Experts weigh in on Musk-backed firm’s San Antonio tunnel plans, San Antonio Express-News (March 25, 2022; 2:00pm), available at: https://www.expressnews.com/sa-inc/article/boring-company-san-antonio-tunnel-17028470.php

Citations

1. Prof. Chiappinelli’s article The Underappreciated Importance of Personal Jurisdiction in Delaware’s Success is cited in the following article: Joel Edan Friedlander, Performances of Equity: Why Court of Chancery Transcript Rulings Are Law, 77 Bus. Law. 51 (2022).

2. Prof. Sutton’s article Law Student Attitudes about their Experience in the COVID-19 Transition to Online Learning is cited in the following article: Steven Foster et al., Closing the Law School Gap: A Collaborative Effort to Address Educational Inequities Through Free, Asynchronous Tools, 14 J. Marshall L.J. 116 (2021).

3. Prof. Murphy’s article Separation of Powers and the Horizontal Force of Precedent is cited in the following article: Kiel Brennan-Marquez, Aggregate Stare Decisis, 97 Ind. L.J. 571 (2022).

4. Prof. Beyer’s articles Digital Planning: The Future of Elder Law, and Web Meets the Will: Estate Planning for Digital Assets are cited in the following article: Isabelle N. Sehati, Beyond the Grave: A Fiduciary’s Access to a Decedent’s Digital Assets, 43 Cardozo L. Rev. 745 (2021).

5. Prof. Brie Sherwin’s article Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, and State Exceptionalism Failed Flint, Michigan is cited in the following article: Marissa Jackson Sow, Whiteness as Contract, 78 Wash. & Lee L. Rev. 1803 (2022).

6. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited in §11 of the following restatement: Restatement of the Law – Torts (March 2022 Update).

7. Prof. Murphy’s article Public Participation Without a Public: The Challenge for Administrative Policymaking is cited in the following article: Benjamin M. Barczewski, Politicizing Regulation: Administrative law, Technocratic Government, and Republican Political Theory, 100 Neb. L. Rev. 424 (2021).

8. Prof. Gonzalez’s article The New Batson: Opening the Door of the Jury Deliberation Room after Peña-Rodriguez v. Colorado is cited in the following article: Daniel S Harawa, The False Promise of Peña-Rodriguez, 109 Calif. L. Rev. 2121 (2021).

9. Prof. Benham’s article Dirty Secrets: The First Amendment in Protective-Order Litigation is cited in the following article: Richard L. Heppner Jr., Appealing Compelled Disclosures in Discovery that Threaten First Amendment Rights, 70 Kan. L. Rev. 395 (2022).

10. 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: Rory Bahadur, Kevin Ruth, & Katie Tolliver Jones, Reexamining Relative Bar Performance as a Function of Non-Linearity, Heteroscedasticity, and a New Independent Variable, 52 N.M.L. Rev. 119 (2022).

11. Prof. Humphrey’s article Two-Stepping Around a Minor’s Constitutional Right to Abortion is cited in the following article: Sarah Steadman, “That Name is Dead To Me”: Reforming Name Change Laws to Protect Transgender and Nonbinary Youth, 55 U. Mich. J.L. Reform 1 (2021).

12. Prof. Camp’s article Supreme Court Reverses the Sixth Circuit in CIC Services is cited in the following article: Joshua D. Blank & Ari Glogower, The Trouble with Targeting Tax Shelters, 74 Admin. L. Rev. 69 (2022).

13. Prof. Shannon’s article Debarment and Suspension Revisited: Fewer Eggs in the Basket? is cited in the following article: Rinat Kitai-Sangero, The Israeli Case for the Applicability of the Presumption of Innocence to Indicted Public Officeholders, 52 Cal. W. Int’l L.J. 175 (2021).

14. Prof. Beyer’s articles Statutory Fill-In Will Forms – The First Decade: Theoretical Constructs and Empirical Findings and Statutory Fill-In-The-Blank Will Forms are cited in §3.1 of the following restatement: Restatement of the Law – Property (March 2022 Update).

News

1. At the Criminal Law Association’s Murder Mystery Dinner on March 4, 2022, the Criminal Law Association presented Prof. Beyer with its Professor of the Year award “in recognition of his outstanding contributions to the academic achievement of all students at the Texas Tech University School of Law.”

2. On March 10, 2022, Prof. Beyer made a presentation entitled The Basics of Non-Fungible Tokens for the Digital Property Committee of the American College of Trust and Estate Council at its Annual Meeting in San Diego.

3. On March 13, 2022, Prof. Beyer was in San Diego where he, along with Chang Chae, presented a seminar entitled The Twin “N’s” – NIL (name-image-likness) and NFTs (non-fungible tokens) – How to Manage Them In Your Estate Planning Practice at the Annual Meeting of the American College of Trust and Estate Counsel.

4. On March 22, 2022, Prof. Beyer presented a virtual seminar for Leimberg Webinar Services entitled What Estate Planners in Common Law Marital Property States Need to Know About Community Property.

5. On March 31, 2022, Prof. Beyer presented a program entitled Estate Planning in a Cyber World: Cryptocurrency, Non-Fungible Tokens, and E-mail for the American Law Institute’s Continuing Legal Education program. His comprehensive article accompanied the presentation.

6. On March 22, 2022, Prof. Hardberger participated as a moderator for a webinar titled Future Gazing: Groundwater Action as Climate Action hosted by the International Water Resources Association for World Water Day.

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 28th, 2022.

Articles, Essays, and Reviews

1. Gerry W. Beyer, Modern Dictionary for the Legal Profession (5^th ed. 2021).

Quotes

1. Prof. Hardberger is quoted in the following article: Justin Horne, How Does the Edwards Aquifer Work & Why Is It So Heavily Regulated? KSAT Explains, KSAT.COM, (February 8, 2022; 7:24pm), available at: https://www.ksat.com/ksat-explains/2022/02/09/how-does-the-edwards-aquifer-work-why-is-it-so-heavily-regulated-ksat-explains/

Citations

1. Dean Nowlin’s article The Judicial Restraint Amendment: Populist Constitutional Reform in the Spirit of the Bill of Rights is cited in the following article: Brian L. Owsley, George Floyd, General Warrants, and Cell-Site Simulators, 59 Am. Crim. L. Rev. 149 (2022).

2. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State is cited in §2:13 of the following practice series: Charles H. Koch Jr & Richard Murphy, Administrative Law and Practice (February 2022 Update).

3. Prof. Metze’s work Sixth Annual Criminal Law Symposium; The Sixth Amendment: Panel Two: The Right to Counsel at Trial: Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial is cited in the following article: Mary Vukovich, Deprivation of the Right to Counsel for Federal Pretrial Detainees During the 2019 Novel Coronavirus Pandemic, 54 UIC L. Rev. 695 (2021).

4. Prof. Baker’s article 2018: A Legal Research Odyssey: Artificial Intelligence as a Disruptor is cited in §8.10 the following book: Julius J. Marke, Legal Research and Law Library Management (February 2022 Update).

5. Prof. Casto’s article Serving a Lawless President is cited in the following article: Patrick E. Longan, Symposium on Ethics, Professionalism, and the Role of the Attorney General of the United States: Lessons from History, 72 Mercer L. Rev. 727 (2021).

6. Prof. Beyer’s article Pay to the Order of Whom?- The Case of the Ambiguous Multiple Payee Designation is cited in §5/3-110 of the following practice series: Uniform Commercial Code with Illinois Code Comments (Illinois Practice Series) (February 2022 Update).

7. Prof. Beyer’s article Videotaping the Will Execution Ceremony – Preventing Frustration of the Testator’s Final Wishes is cited in the following article: Jessie Daniel Rankin, Socially Distant Signing: Why Georgia Should Adopt Remote Will Execution in the Post-Covid World, 56 Ga. L. Rev. 391 (2021).

8. Prof. Rob Sherwin’s article “Source” of Protection: The Status of 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).

9. Prof. Rosen’s book Military Law: Criminal Justice & Administrative Process is cited in the following article: Max Jesse Goldberg, Congressional Influence on Military Justice, 130 Yale L.J. 2110 (2021).

10. Prof. Murphy’s article Due Process and Judicial Review of Government Kill Lists is cited in the following article: Nicholas Romanoff, 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).

11. 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).

12. Prof. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion is cited in the following article: Joshua J. Shroeder, 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).

13. Prof. Chiappinelli’s article The Underappreciated Importance of Personal Jurisdiction in Delaware’s Success is cited in the following article: Joel Edan Friedlander, Performances of Equity: Why Court of Chancery Transcript Rulings are Law, 77 Bus. Law. 51 (2022).

14. Prof. Beyer’s article Cyber Estate Planning and Administration is cited in the following article: Symphony Munoz, Sucking Success Out of Minor Social Media Influencers: A Call for Testamentary Capacity Rights in Texas, 14 Est. Plan. & Community Prop. L.J. 337 (2021).

15. Prof. Beyer’s article Estate Planning Ramifications of Obergefell v. Hodges is cited in the following article: Ana Mitchell Córdova, First Comes Love, Then Comes Marriage: Cohabitation as a Framework for Conflicts Between Community Property and Common Law Marriage, 14 Est. Plan. & Community Prop. L.J. 293 (2021).

16. Prof. Beyer’s article Texas Estate Planning Forms is cited in the following article: Katelyn Barker, Mitigating the Lack of Wills One Brochure at a Time, 14 Est. Plan. & Community Prop. L.J. 257 (2021).

17. Prof. Beyer’s book Texas Estate Planning Statutes with Commentary (2019-2021 Edition) is cited in the following article: Joyce W. Moore & Cristian S. Kelso, Unanswered Questions in Wills and Trusts (And How to Try and Answer Them), 14 Est. Plan. & Community Prop. L.J. 1 (2021).

18. Prof. Beyer’s book Texas Practice: Texas Law of Wills (4^th ed.) is cited in the following article: Arielle M. Prangner, Just A Will Won’t Cut It: Planning for the Transfer of Non-Probate Assets at Death, 14 Est. Plan. & Community Prop. L.J. 55 (2021).

News

1. On February 4, 2022, Prof. Beyer was a featured speaker at the 2022 Docket Call in Probate Court seminar. Originally, Prof. Beyer was to travel to San Antonio for an in-person appearance but inclement weather cancelled his flights so he presented virtually via Zoom. The topic of his presentation and accompanying article was Morals From the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.

2. On February 10, 2022, Prof. Beyer was the virtual guest speaker for The Associated Jewish Federation of Baltimore. His presentation was entitled Cyber Philanthropy: Non-Fungible Tokens and Cryptocurrency.

3. On February 17, 2022, Prof. Beyer was the speaker at the February meeting of the South Plains Trust and Estate Council in Lubbock. His presentation was entitled Rule Against Perpetuities – The Impact of the 2021 Texas Legislative Changes.

4. On February 25, 2022, Prof. Beyer was a speaker at the 14^th Annual Estate Planning and Community Property Law Journal CLE & Expo held at the Texas Tech University School of Law. His presentation and accompany article were entitled Case Law Update: Intestacy, Wills, Probate, and Trusts.

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

Articles, Essays, and Reviews

1. Gerry W. Beyer, Estate Planning and Probate Law, 85 Tex. B.J. 35 (2022).

2. Gerry W. Beyer, Non-Fungible Tokens: What Every Estate Planner Needs to Know, Wealth Strategies Journal (Nov. 19, 2021) available at: https://wealthstrategiesjournal.com/2021/11/19/non-fungible-tokens-what-every-estate-planner-needs-to-know/.

3. Gerry W. Beyer, Probate and Decedents’ Estates (17 & 18 Tex. Prac.) (2021-2022 Supp.).

4. Richard D. Rosen, Deterring Pre-Viability Abortions in Texas Through Private Lawsuits, 54 Tex. Tech L. Rev. 115 (2021).

5. Gerry W. Beyer, Potpourri, 60-1 Real Est., Prob. & Tr. L. Rep., at  4 (2022).

6. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 60-1 Real Est., Prob. & Tr. L. Rep., at  5 (2022).

Op-Eds

1. Richard D. Rosen, It’s Debatable: Should Federal Government Mandate Vaccines for Private Employers?, Lubbock Avalanche-Journal, (Jan 23, 2022; 8:31am), available at: https://www.lubbockonline.com/story/opinion/2022/01/23/its-debatable-feds-vaccine-mandates-and-private-employers/6600423001/

Quotes

1. Prof. Beyer is quoted in the following article: Grace Ferguson, Grace Ferguson, How A Cryptocurrency Fortune Crippled a Deceased Billionaire’s Estate, Daily Dot, (December 23, 2021; 10:42am), available at: https://www.dailydot.com/debug/death-internet-cryptocurrency-matthew-mellon/.

2. Prof. Beyer is quoted, and his article Will Contests—Prediction and Prevention is cited in the following case: Matter of Last Will and Testament of Beard v. Christmas, No. 2019-CA-01821-COA, 2021 WL 1975961 (Ct. App. Miss. May 18, 2021).

Citations

1. Prof. Gonzalez’ article At the Intersection of Religious Organization Missions and Employment Laws: The Case of Minister Employment Suits is cited in the following article: Phil Lord, Religious Legitimacy, 90 UMKC L. Rev. 347 (2021).

2. Prof. Casto’s article The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth is cited in the following article: Justin W. Aimonetti & Jackson A. Myers, The Founders’ Multi-Purpose Chief Justice: The English Origins of the American Chief Justiceship, 124 W. Va. L. Rev. 203 (2021).

3. Prof. Casto’s article The First Congress’s Understanding of Its Authority over the Federal Courts’ Jurisdiction is cited in the following article: Patrick Woolley, Diversity Jurisdiction and the Common-Law Scope of the Civil Action, 99 Wash. U. L. Rev. 573 (2021).

4. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Gary M. Bridgens, Demystifying Reliance Interests in Judicial Review of Regulatory Change, 29 Geo. Mason L. Rev. 411 (2021).

5. Prof. Murphy’s article Eight Things Americans Can’t Figure Out About Controlling Administrative Power is cited in the following article: Emily S. Bremer, The Rediscovered Stages of Agency Adjudication, 99 Wash. U. L. Rev. 377 (2021).

6. Prof. Christopher’s article Normalizing Struggle is cited in the following article: Steven K. Homer, From Langdell to Lab: The Opportunities and Challenges of Experiential Learning in the First Semester, 48 Mitchell Hamline L. Rev. 265 (2022).

7. Prof. Murphy’s book Administrative Law and Practice is cited in the following article: Carissa Wilson, The Agencies of Copyright Law: Constitutional and Administrative Law on the Case Act of 2020, 29 Tex. Intell. Prop. L.J. 415 (2021).

8. 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).

9. Prof. Benham’s article Tangled Incentives: Proportionality and the Market for Reputation Harm is cited in the following article: Miriam H. Baer, The Information Shortfalls of Prosecuting Irresponsible Executives, 70 DePaul L. Rev. 191 (2021).

10. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Ronald M. Levin, The APA and the Assault on Deference, 106 Minn. L. Rev. 125 (2021).

11. Prof. Murphy’s article Due Process and Targeted Killing of Terrorists is cited in the following article: Patrick J. Keenan, Drones and Civilians: Emerging Evidence of the Terrorizing Effects of the U.S. Drone Programs, 20 Santa Clara J. Int’l L. 1 (2021).

12. Prof. Camp’s article New Thinking About Jurisdictional Time Periods in the Tax Code is cited in the following article: Saul Mezei & Terrell Ussing, How Justices May Interpret Statutory Time Bar in Tax Context, 2022 Law360 21-129 (2022).

13. Prof. Murphy’s article Punitive Damages, Explanatory Verdict, and the Hard Look is cited in § 8.8 of the Federal Jury Practice and Instruction—Jury Trial (January 2022 Update).

14. Prof. Murphy’s book Tax Havens: How Globalization Really Works is cited in the following article: William J. Moon, Delaware’s Global Competitiveness, 106 Iowa L. Rev. 1683 (2021).

15. Prof. Camp’s article A Brief Analysis of Governor Palin’s Tax Returns for 2006 and 2007 is cited in the following article: Joshua D. Blank, Presidential Tax Transparency, 40 Yale L. & Pol’y Rev. 1 (2021).

16. Prof. Christopher’s article Normalizing Struggle is cited in the following article: Sarah J. Schendel, Listen!: Amplifying the Experiences of Black Law School Graduates in 2020, 100 Neb. L. Rev. 73 (2021).

17. Prof. Sutton’s article Wetlands Protection—A Goal Without A Statute is cited in the following article: Lawrence A. Kogan, Harmonizing ‘Converted Wetland’ Under the Clean Water Act and Food Security Act Would Reaffirm Congress’s Intent to Limit EPA and Army Corps 404 Jurisdiction, 12 Ky. J. Equine, Agric. & Nat. Resources L. 489 (2021).

18. Prof. Casto’s article The Federal Courts Protective Jurisdiction Over Torts Committed in Violation of the Law of Nations is cited in the following CRS Report: Stephen P. Mulligan, The Alien Tort Statute: A Primer (January 2022 Update), available at: https://crsreports.congress.gov (R44947).

News

1. Prof. Beyer traveled to Bar/Bri’s headquarters in Dallas where on December 19 and 20, he video-recorded the bar review lectures that Bar/Bri students across the nation studying for the Uniform Bar Exam will view as part of their bar exam preparation.

2. On December 21, 2021, Prof. Beyer was the luncheon speaker for the monthly meeting of the San Antonio Estate Planning Council. His presentation and accompanying article were entitled Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.

3. In the latest issue of the Texas Tech Law Review, Dean Nowlin wrote a short dedication in honor of esteemed colleague and Texas Tech Law School faculty Arnold H. Loewy, who passed away suddenly in 2021.

4. On January 21, 2022, Prof. Gerry W. Beyer made a virtual CLE presentation to a national audience entitled Avoiding the Estate Planning “Blue Screen of Death” With Competent and Ethical Practices for Celesq/Thomson Reuters/West LegalEdCenter.

5. At its January 21, 2022 meeting, the Real Estate, Probate, and Trust Law Council of the State Bar of Texas unanimously reappointed Prof. Gerry W. Beyer as the Editor-in-Chief of the Real Estate, Probate, and Trust Law Reporter, the official journal of the REPTL section.

6. On January 28, 2022, Prof. Gerry W. Beyer presented a virtual seminar for Leimberg Webinar Services entitled Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.

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 (5^th ed. 2021-22 Supp.).

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

Quotes

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 https://www.marketplace.org/2021/12/14/rural-west-texas-well-water-demand-is-growing/.

Citations

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 5^th 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 (5^th 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).

News

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.