October 2021 Law Faculty Publications & News

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

Articles, Essays, and Reviews

1. Gerry W. Beyer, Estate Planning Highlights of the 2021 Texas Legislature, Est. Plan Dev. for Tex. Prof., Sept. 2021, at 1.

2. Wendy Ross, Protecting the Child Bride: Following Texas’ Middleground Approach, 44 U. Ark. Little Rock L. Rev. 99 (2021).

Op-Eds

1. Prof. Rosen, It’s Debatable: Should Federal Government Have Oversight of Social Media Giants?, Lubbock Avalanche-Journal (Oct. 24, 2021; 8:47a) available at: https://www.lubbockonline.com/story/opinion/2021/10/24/its-debatable-should-government-oversee-social-media-giants/6121830001/

Quotes

1. Prof. Gerry W. Beyer is quoted in the following article: Stephanie H. Murray, My Dad Is Dead. His Landlord Just Evicted Him., The Atlantic (Sept. 29, 2021), available at: https://www.theatlantic.com/family/archive/2021/09/all-things-you-have-do-when-loved-one-dies/620240/v

2. Prof. Rosen is quoted in the following article: Bill McCarthy, Biden hasn’t ordered dishonorable discharges for vaccine refusers in military, as viral post claimed, Politifact (Ovt. 1, 2021), available at: https://www.politifact.com/factchecks/2021/oct/01/instagram-posts/biden-hasnt-ordered-dishonorable-discharges-vaccin/

Citations

1. Prof. Beyer’s articles Statutory Fill-In Will Forms- The First Decade: Theoretical Constructs and Empirical Findings and Statutory Will Methodologies- Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence? is cited in the following update: Restatement of the Law of Property: Wills and Other Donative Transfers, (October 2021 Update).

2. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited in the following update: Restatement of the Law of Torts: Liability for Physical Harm, (October 2021 Update).

3. 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).

4. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Ronald A. Cass, The Umpire Strikes Back: Expanding Judicial Discretion for Review of Administrative Actions, 73 Admin. L. Rev. 553 (2021).

5. Prof. Murphy’s book Federal Practice and Procedure is cited in the following article: Zachary Sizemore, Trending Towards Leniency: What Millenium Laboratories & In Re Plavix Marketing Teach About the Future of the False Claims Act’s First-To-File Rule, 106 Cornell L. Rev. 1367 (2021).

6. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Todd Phillips, A Change of Policy: Promoting Agency Policymaking by Adjudication, 73 Admin. L. Rev. 495 (2021).

7. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Deborah Won, The Missing Algorithm: Safeguarding Brady Against the Rise of Trade Secrecy Policy, 120 Mich. L. Rev. 157 (2021).

8. Prof. Camp’s article The Unhappy Marriage of Law and Equality in Joint Return Liability is cited in the following article: Orli Oren-Kolbinger, The Error Cost of Marriage, 23 N.Y.U. J. Legis. & Pub. Pol’y 643 (2021).

9. Prof. Sutton’s article Biodiplomacy: A Better Approach to Dual Use Concerns is cited in the following article: Lena Raxter, A Dangerous Loophole: The Biological Weapons Convention’s New Interpretation that Better Addresses Potentially Deadly Biological Research, 49 Int’l J. Legal Info. 102 (2021).

10. Prof. Casto’s article Advising Presidents: Robert Jackson and the Destroyers-For-Bases Deal is cited in the following article: Hon. M. Margaret McKeown, Politics and Judicial Ethics: A Historical Perspective, 131 Yale L.J. F. 190 (2021).

News

1. Prof. Shannon was a speaker at the national NCAA Faculty Athletics Representatives conference on September 30, 2021. Shannon was part of a panel entitled, “Government Affairs and Legal  Potpourri – SCOTUS, NIL, and More,” that also included the General Counsel of the NCAA and the NCAA’s Director of Governmental Affairs.

2. Prof. Shannon was a panelist at the national NCAA Faculty Athletics Representative conference on October 1, 2021. The panel focused on recent state legislation and NCAA bylaw revisions relating to the ability of student-athletes to monetize their name, image, and likeness.

3. Prof. Gerry W. Beyer was the Opening Keynote Speaker for the 17th Annual Jerry A. Kasner Estate Planning Virtual Symposium on October 7, 2021. His presentation was entitled Professor Beyer’s Top Ten from Wills, Trusts, & Estates Prof Blog.

4. Prof. Gerry W. Beyer was an invited speaker at the October 9, 2021 virtual Fall Meeting of the American College of Trust and Estate Counsel’s Legal Education Committee to discuss non-fungible tokens. To an audience of law professors, both full-time and adjunct, and attorneys with an interest in law teaching, Prof. Beyer explained the basics of non-fungible tokens and conducted a demonstration during which he created a unique NFT.

5. Prof. Sutton and Prof. Rosen were interviewed for an article by George Watson in the TTU Communications Office, about vaccination law and how it applies to the military and civilians.

6. On October 21, 2021, Prof. Gerry W. Beyer was an in-person speaker in Dallas at the 32nd Annual Estate Planning & Probate Drafting Course for TexasBar CLE. His presentation and accompanying article were entitled Pet Trusts: Providing for Non-Human Family Members. This topic is of enhanced importance because of the increase in pet ownership during the COVID-19 pandemic.

7. On October 22, 2021, Prof. Gerry W. Beyer was a virtual speaker for the 47th Annual Notre Dame Tax & Estate Planning Institute. His presentation was entitled Community Property: Tips and Traps for Lawyers in Common Law States.

8. On October 25, 2021, Prof. Gerry W. Beyer was a speaker for the Twenty-Ninth Annual Institute on Estate Planning sponsored by the Amarillo Area Estate Planning Council. During this virtual program, Prof. Beyer presented two papers entitled Electronic Wills and Technology: The Changing Future of the Estate Practice and Fundamentals of Texas Multiple-Party Accounts.

9. On October 27, 2021, Prof. Gerry W. Beyer was virtual speaker for the Tax & Estate Planning Forum.  He presented his paper entitled Don’t Get Lost in Cyberspace: How to Plan for and Administer Digital Assets and co-presented his paper entitled Electronic Wills: The Changing Future of the Estate Practice with Robert Fleming, a top-ranked Elder Law attorney who practices in Tucson, Arizona.

10. Prof. Sutton’s book, Halloween Law, will be featured in the criminal law podcast, https://thisiscriminal.com/about/ , with an interview of Prof. Sutton about the scary crimes that make up the unique area of “Halloween Criminal Law.”

September 2021 Law Faculty Publications & News

Throughout the month of September, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for September 1st to September 30th, 2021.

Articles, Essays, and Reviews

1. Brie Sherwin, et. al., Service Learning in the First-Year Research and Writing Classroom in Integrating Doctrine and Diversity: Inclusion And Equity in the Law School Classroom (2021).

2. Amy Hardberger, et. al., Groundwater Governance for Conflict-Affected Countries, UNESCO International Centre for Water Security and Sustainable Management, Global Water Security Issues Series 3 (2021).

Citations

1. 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: Lisa A. Cumming, The Feud is Getting Old: Why The Oil And Gas Industry Should Lobby For the Federal Regulation of Hydraulic Fracturing Under the Safe Drinking Water Act, 125 Penn St. L. Rev. 905 (2021).

2. 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 Federal Practice and Procedure (April 2021 Update).

3. Prof. Beyer’s article Estate Planning in the Digital Age is cited in § 5.16 of the Georgia Guardianship and Conservatorship (September 2021 Update).

4. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse is cited in the following case comment: Brianna Savard, Administrative Law—Byrne Jag Funds and Immigration: How Statutory Interpretation Helped Protect the Separation of Powers—City of Providene v. Barr. 954 F.3d 23 (1st Cir. 2020), 44 Suffolk Transnat’l L. Rev. 245 (2021).

5. Prof. Watt’s article Tyranny by Proxy: State Action and the Private Use of Deadly Force is cited in the following article: Darrell A.H. Miller, Second Amendment Equilibria, 116 Nw. U. L. Rev. 239 (2021).

6. Prof. Benham’s article Dirty Secrets: The First Amendment in Protective-Order Litigation is cited in the following article: Chelsea Hanlock, Settling for Silence: How Police Exploit Protective Orders, 109 Calif. L. Rev. 1507 (2021).

7. 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).

8. Prof. Shannon’s article Debarment and Suspension Revisited: Fewer Eggs? is cited in the following article: Alix K. Town, Ours is to Reason Why: Exploring Motivating Principles for Debarment Systems, 50 Pub. Cont. L.J. 523 (2021).

9. Prof. Metze’s article 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 J. Marshall L. Rev. 695 (2021).

10. Prof. Robert 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: Caitlin E. Daday, (Anti)-SLAPP Happy In Federal Court?: The Applicability of State Anti-SLAPP Statutes in Federal Court and the Need for Federal Protection Against SLAPPs, 70 Cath. U.L. Rev. 441 (2021).

11. Prof. Humphrey’s article “Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard is cited in the following article: Ruthy Lowenstein Lazar, Epistemic Twilight Zone of Consent, 30 S. Cal. Interdisc. L.J. 461 (2021).

News

1. Prof. Shannon was a speaker at the Lubbock Area Bar Association on April 14, 2021 and gave a presentation entitled, “The NCAA Goes to the Supreme Court, the Congress, State Legislatures and More! Hot Topics in College Sports Law.” Prof. Shannon also spoke at the Texas Tech Law School Roswell Webinar on May 27, 2021 with an updated version of the presentation.

2. Prof. Shannon was a speaker at the State Bar of Texas Advanced Criminal Law conference in San Antonio TX on July 21, 2021, and gave a presentation entitled, “Sanity, Competency, & ‘Civil’ Commitments.”

3. Prof. Shannon was a speaker at the “Mental Health and Mediation – Promoting the Well-Being of Involved Parties” webinar developed by the Texas Dispute Resolution System in Lubbock on July 27-29, 2021, and gave two presentations entitled, “Impact of Mental Health on Mediation – And Vice Versa”, and “Tying it All Together – Takeaways for Mediators.”

August 2021 Law Faculty Publications & News

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

Articles, Essays, and Reviews

1. Richard W. Murphy, Due Process and Judicial review of Government Kill Lists, 67 Loy. L. Rev. 473 (2021).

2. Gerry W. Beyer, Beyer’s Texas Property Code Annotated With Related Texas Law (2021 ed.).

3. Gerry W. Beyer, Texas Estate Planning Statutes With Commentary (2021-2023 ed.).

4. Alyson Outenreath, Battle Against Liquor: Will Wal-Mart Soon Be at the U.S. Supreme Court?, 90 Miss. L.J. 347 (2021).

Op-Eds

1. Prof. Beyer, Non-Fungible Tokens: What Every Estate Planner Needs to Know, American College of Trust and Estate Counsel (August 24, 2021), available at: https://actecfoundation.org/podcasts/non-fungible-tokens-estate-nft

Citations

1. Prof. Rosen’s article Drones and the U.S. Courts is cited in the following article: Richard W. Murphy, Due Process and Judicial review of Government Kill Lists, 67 Loy. L. Rev. 473 (2021).

2. 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).

3. Prof. Murphy’s article Punitive Damages, Explanatory Verdict, and the Hard Look is cited in §8:8 the following practice series: Kevin F. O’Malley, Jay E. Grenig, & Hon. William C. Lee, Federal Jury Practice and Instructions (August 2021 Update).

4. Prof. Spain’s article Alternative Dispute Resolution for the Poor: Is It an Alternative? is cited in the following article: Matthew A. Shapiro, Distributing Civil Justice, 109 Geo. L.J. 1473 (2021).

5. Prof. Watts’ article Fairness and Utility in Products Liability: Balancing Individual Rights and Social Welfare is cited in the following article: Anat Lior, The AI Accidnet Network: Artificial Intelligence Liability Meets Network Theory, 95 Tul. L. Rev. 1103 (2021).

6. Prof. Gossett’s article Take Off the [Color] Blinders: How Ignoring the Hague Convention’s Subsidiarity Principle Furthers Structural Racism against Black American Children is cited in the following article: Leslie Patrice Culver, (Un)wicked Analytical Frameworks and the Cry for Identity, 21 Nev. L.J. 655 (2021).

7. Prof. Sutton’s article Wind and Wisdom is cited in the following article: Sarah A. Husk, Scattered to the Winds?: Strengthening the National Historic Preservation Act’s Tribal Consultation Mandate to Protect Native American Sacred Sites in the Renewable Energy Development Era, 34 Tul. Envtl. L.J. 273 (2021).

8. Prof. Casto’s article Advising Presidents: Robert Jackson and the Destroyers-for-Bases Deal and his book Foreign Affairs and the Constitution in the Age of Fighting Sail are cited in the following article: Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74 Vand. L. Rev. 621 (2021).

9. Prof. Beyer’s article Trusts and Planning Issues for the Family Pet or Other Valuable Animal is cited in the following article: Christine Wakeman & Natalie Webb, Attachment – Trust Alphabet Soup, 2021 Advanced Fam. L. 31 Attachment (2021).

10. 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: Victor D. Quintanilla & Sam Erman, Mindsets in Legal Education, 69 J. Lefal Educ. 412 (2021).

11. Prof. Camp’s article Lesson from the Tax Court: The Perils of Stipulations is cited in the following article: Eman Cuyler, The Top Five Procedural Surprises in U.S. Tax Court Litigation, 35 No. 4 Prac. Tax Law. 32 (2021).

Quotes

1. Prof. Chiappinelli is quoted in the following article: Allen Matkins, Court Finds No Personal Jurisdiction Over Foreign Director of California Corporation, JD Supra (Blog), (August 3, 2021), available at: https://www.jdsupra.com/legalnews/court-finds-no-personal-jurisdiction-5923040/#:~:text=Court%20Finds%20No%20Personal%20Jurisdiction%20Over%20Foreign%20Director%20Of%20California%20Corporation,-Keith%20Bishop&text=The%20Court%20of%20Appeal%20affirmed,on%20Rodo%27s%20board%20of%20directors.

News

1. Prof. Beyer was an invited speaker at the 2021 Annual E-planners estate planning conference in Kansas City, Missouri. On August 20, 2021, Prof. Beyer made two presentations: Don’t Get Lost in Cyberspace: How to Plan for and Administer Digital Assets and State Law Pitfalls: Don’t Step In It When Your Client Steps Across State Lines. He prepared comprehensives articles to accompany each of his presentations.

2. Prof. Beyer was an invited speaker at the Annual Meeting of the Texas College of Probate Judges in San Antonio, Texas. On August 26, 2021 to an audience of over 125 Texas judges, Prof. Beyer analyzed judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning issues. The discussion of each case concluded with an important lesson to be learned from the case to help judges make correct decisions for their litigants and increase the chances of having their decisions upheld on appeal. Attendees also received a copy of his article entitled Recent Cases: Intestacy, Wills, Probate, and Trusts.

July 2021 Law Faculty Publications & News

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

Articles, Essays, Reviews, and Publications

1. Dustin B. Benham, Foundational and Contemporary Court Confidentiality, 86 Mo. L. Rev. 211 (2021).

2. Gerry W. Beyer, State Law Pitfalls: Anticipating That Your Clients May Move Out of Texas – Part 2, Est. Plan. Dev. Tex. Prof., June 2021, at 1.

3. Richard W. Murphy, Due Process and Judicial Review of Government Kill Lists, 67 Loy. L. Rev. 473 (2021).

Citations

1. Prof. Metze’s article Plugging the School to Prison Pipeline by Addressing Cultural Racism in Public Education Discipline 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. 557 (2021).

2. Prof. Gossett’s article The Client: 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. 557 (2021).

3. Prof. Murphy’s article A “New” Counter-Marbury: Reconciling Skidmore Deference and Agency Interpretative Freedom is cited in § 8119 of West’s Federal Administrative Practice (July 2021 Update).

4. Prof. Camp’s article Tax Administration as Inquisitorial Process and the Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998 is cited in the following article: Dustin B. Benham, Foundational and Contemporary Court Confidentiality, 86 Mo. L. Rev. 211 (2021).

5. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds is cited in the following article: Michael Haber, COVID-19 Mutual Aid, Anti-Authoritarian Activism, and the Law, 67 Loy. L. Rev. 61 (2020).

6. 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: John Mikhail, Does Originalism Have a Natural Law Problem?, 39 Law & Hist. Rev. 361 (2021).

7. 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: Jonathan Gienapp, Written Constitutionalism, Past and Present, 39 Law & Hist. Rev. 321 (2021).

8. 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: Kevin Woodson, Entrenched Racial Hierarchy: Educational Inequality from the Cradle to the LSAT, 105 Minn. L. Rev. Headnotes 481 (2021).

9. Prof. Casto’s article Advising the President: Attorney General Robert H. Jackson and Franklin D. Roosevelt is cited in the following article: Peter Margulies, Searching For Accountability Under FISA: Internal Separation of Powers and Surveillance Law, 104 Marq. L. Rev. 1155 (2021).

10. Prof. Gossett’s article The Client: How States are Profiting from the Child’s Right to Protection is cited in the following article: Gabriel A. Narvaez, The Termination of Parental Rights in Texas: The Long Run Cut Short For Parents in Bexar County, 23 Scholar: St. Mary’s L. Rev. & Soc. Just. 107 (2021).

11. Prof. Christopher’s article Putting Legal Writing on the Tenure Track: One School’s Experience is cited in the following article: Darby Dickerson, Finding the Goldilocks Zone: Negotiation Your First Employment Offer in Legal Academia, 69 J. Legal Educ. 48 (2021).

12. Prof. Gonzalez’s book Employment Discrimination: A Context and Practice Casebook is cited in the following article: Austin D. Michel, Hiring in the Export-Control Context: A Framework to Explain How Some Institutions of Higher Education are Discriminating Against Job Applicants, 106 Iowa L. Rev. 1993 (2021).

13. Prof. Myhra’s article The Pharmacist’s Duty to Warn in Texas Reconsidered Within a National Framework is cited in the following article: Jennifer L. Brown, “Pilling” Them Softly: Legislative Expansion of Pharmacist Duty of Care and Impending Negligence Liability in the Era of the Opioid Crisis, 52 U. Tol. L. Rev. 375 (2021).

14. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: Jonathan H. Choi, Legal Analysis, Policy Analysis, and the Price of Deference: An Empirical Study of Mayo and Chevron, 38 Yale J. on Reg. 818 (2021).

15. Prof. Gossett’s article The Client: How States are Profiting from the Child’s Right to Protection is cited in the following article: Lisa Kelly, Abolition or Reform: Confronting the Symbiotic Relationship Between “Child Welfare” and the Carceral State, 17 Stan. J. Civ. Rts. & Civ. Liberties 255 (2021).

16. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Gwendolyn McKee Savitz, The Key to Solving Agency Lock-In: Prepublication Regulatory Discussions (Pre Reg), 73 Admin L. Rev. 255 (2021).

17. Prof. Rosen’s article Drones and the U.S. Courts is cited in the following article: Richard W. Murphy, Due Process and Judicial Review of Government Kill Lists, 67 Loy. L. Rev. 473 (2021).

18. Prof. Cochran’s article It Takes Two to Tango!: Problems with Community Property Ownership of Copyrights and Patents in Texas is cited in § 6.9 of the Arizona Practice Series (August 2021 Update).

19. Prof. Chiappinelli’s article The Corporization of Communication is cited in the following article: Angela Lee, Greedy Bat Eaters versus Cruel Pig Eaters: The Lose-Lose Battle of Divisive Discourse, Animal Studies Journal, 10(1) 140-185 (2021).

20. Prof. Camp’s article Taxation of Electronic Gaming is cited in the following bibliography: Fifty-Second Selected Bibliography on Computers, Technology, and the Law (January 2020 Through December 2020), 47 Rutgers Computer & Tech. L.J. 324 (2021).

Quotes

1. Prof. Robert Sherwin is quoted in the following article: Eileen F. O’Neill, New Texas Law School Advocacy Competition to Debut This Fall, Texas Bar Journal (July 2021).

News

1. Prof. Brie Sherwin is a recipient of the Spencer A. Wells Award for Creativity in Teaching from the Texas Tech Parents Association. In March 2021, The Texas Tech Parents Association announced the recipients of its 2021 faculty awards, and on July 14th, 2021 issued a news release highlighting the TTU faculty members who were recognized.

2. The Chair-elect of The American Bar Association Section of Real Property, Trust and Estate Law, Robert C. Paul, reappointed Prof. Beyer as the Keeping Current—Probate article editor for Probate and Property Magazine.

June 2021 Law Faculty Publications & News

Throughout the month of June, 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, 2021.

Articles, Essays, Reviews, and Publications

1. William R. Casto, Robert Jackson’s Critique of Trump v. Hawaii, 94 St. John’s L. Rev. 335 (2021).

2. Vickie Sutton, Preparing for (And Defending Against) A Cyberattack on the Energy Sector: The Legal Framework for Digitization, Technological Innovation, and the Future of Resource and Energy Development, 6-1 Rocky Mt. Min. L. Fdn. (2021).

Op-Eds

1. Prof. Loewy, It’s Debatable: Should Congress Expel Rep. Marjorie Taylor Greene? Lubbock Avalanche-Journal (June 13, 2021; 4:25am), available at: https://www.lubbockonline.com/story/opinion/2021/06/13/its-debatable-should-congress-expel-rep-marjorie-taylor-greene/7589630002/

2. Prof. Loewy, It’s Debatable: Did Supreme Court Get Its Ruling Against Philadelphia Right? Lubbock Avalanche-Journal (June 27, 2021; 4:15am), available at: https://www.lubbockonline.com/story/opinion/2021/06/27/its-debatable-supreme-court-first-amendment-and-philadelphia/5325700001/

Citations

1. Prof. Baker’s article Beyond the Information Age: The Duty of technology Competence in the Algorithmic Society is cited in the following article: Bruce A. Green & Carole Silver, Technocapotal@Biglaw.com, 18 Nw. J. Tech. & Intell. Prop. 265 (2021).

2. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse is cited in the following article: William R. Casto, Robert Jackson’s Critique of Trump v. Hawaii, 94 St. John’s L. Rev. 335 (2021).

3. Prof. Rosen’s article Civilian Courts and the Military Justice System: Collateral review of Courts-Martial is cited in the following article: Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74 Vand. L. Rev. 621 (2021).

4. Prof. Casto’s article Advising Presidents: Robert Jackson and the Destroyers-for-Bases Deal is cited in the following article: Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74 Vand. L. Rev. 621 (2021).

5. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited in §11 of the Restatement (Third) of Torts (June 2021 Update).

6. Prof. Rosen’s article The Judge Advocate General’s School, U.S. Army: 50 Years in Charlottesville is cited in the following article: Major Adam Kama, The Court-Martial of Jackie Robinson, 2020-1 Army Law. 68 (2020).

7. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Matthew Marino, Debinking Twombly/Iqbal: Plausibility is More Than Plausible in Ohio and Other States, 89 U. Cin. L. Rev. 1066 (2021).

8. Prof. Gonzalez’s article A Custom Fit: Tailoring Texas Civil Jury Selection Procedures to Case Tiers is cited in the following article: Kayley A. Viteo, “We” the Jury: The Problem of Peremptory Strikes as Illustrated By Flowers v. Mississippi, 52 St. Mary’s L.J. 233 (2021).

9. Prof. Beyer’s article Videotape and the Probate Process: The Nexus Grows is cited in §14:14 of the Will Contests, Second Edition (June 2021 Update).

10. Prof. Baker’s article Beyond the Information Age: The Duty of technology Competence in the Algorithmic Society is cited in the following article: Raymond H. Brescia, Lessons from the Present: Three Crises and Their Potential Impact on the Legal Profession, 49 Hofstra L. Rev. 607 (2021).

11. Prof. Sutton’s article Native-American Exclusion as a Form of Paper Genocide is cited in the following article: Meera E. Deo, Why BIPOC Fails, 107 Va. L. Rev. Online 115 (2021).

12. Prof. Loewy’s article Distinguishing Confessions Obtained in Violation of the Fifth Amendment from Those Obtained in Violation of the Sixth Amendment is cited in the following article: Kit Kinports, Pretrial Custody and Miranda, 78 Wash. & Lee L. Rev. 725 (2021).

13. Prof. Watts’ article Differences without Distinctions: Boyle’s Government Contractor Defense Fails to Recognize the Critical Differences between Civilian and Military Plaintiffs and Between Military and Non-Military Procurement is cited in §352 of the Dobbs’ Law of Torts (June 2021 Update).

14. 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 in §5:2(c)(4) of the Iowa Practice Series: Lawyer and Judicial Ethics (June 2021 Update).

15. Prof. Henry’s article Chapter 11 Zombies is cited in the following article: Oscar Couwenberg & Stephen J. Lubben, Good Old Chapter 11 in a Pre-Insolvency World: The Growth of Global Reorganization Options, 46 N.C. J. Int’l L. 353 (2021).

16. Prof. Cochran’s article It Takes Two to Tango!: Problems with Community Property Ownership of Copyrights and Patents in Texas is cited in the following article: Mariana Pedroza, Dividing the Intangible: An Examination of Community Property in a World of Contingent Revenue, 13 Est. Plan. & Community Prop. L.J. 547 (2021).

17. Prof. Beyer’s book Wills, Trusts, and Estates: Examples and Explanations is cited in the following article: Alexis C. Mejia, A Piece of You and I: Posthumous Conception and its Implications on Texas Estates Law, 13 Est. Plan. & Community Prop. L.J. 509 (2021).

18. 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: Matthew Woodward, Not Approved for Human Consumption: A Study of the Denmark Water Crisis, a Call for Reforming the SDWA, and a Demand for Community Lawyering in Rural America, 45 Wm. & Mary Envtl. L. & Pol’y Rev. 881 (2021).

19. Prof. Casto’s article Foreign Affairs and the Constitution in the Age of Fighting Sail is cited in the following article: Andrew Kent, Lessons for Bivens and Qualified Immunity Debates from Nineteenth-Century Damages Litigation Against Federal Officers, 96 Notre Dame L. Rev. 1755 (2021).

20. Prof. Camp’s article What Good Is the National Taxpayer Advocvate? is cited in the following article: Aaron L. Nielson, The Minor Questions Doctrine, 169 U. Pa. L. Rev. 1181 (2021).

21. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of Presidential Power of the Purse is cited in the following article: Robert W. Emerson & John W. Hardwicke, The Use and Disuse of the Magna Carta: Due Process, Juries, and Punishment, 46 N.C. J. Int’l L. 571 (2021).

22. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Jessica L. Asbridge, Be Reasonable: The Applicability of Chevron to Agency Interpretations of Split-Authority Statues, 104 Marq. L. Rev. 813 (2021).

23. Prof. Rosen’s article Katcoff v. Marsh at Twenty Two: The Military Chaplaincy and the Separation of Church and State is cited in the following article: John A. Ragosta, A Wall Between Secular Government and a Religious People, 26 Roger Williams U. L. Rev. 545 (2021).

24. 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: Sara A. Colangelo, Science Under Assault: Reflections on the War on the EPA, America’s Endangered Environmental Protections, 44 Pub. Land & Resources L. Rev. 185 (2021).

25. Prof. Murphy’s articles The Limits of Legislative Control over the “Hard-Took” and Abandon Chevton and Modernize Stare Decisis for the Administrative State are cited in the following article: Bijal Shah, Judicial Administration, 11 UC Irvine L. Rev. 1119 (2021).

26. 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).

27. Prof. Brie Sherwin’s articles The Upside Down: A New Reality for Science at the EPA and its Impact on Environmental Justice and Chocolate, Coca-Cola, and Fracturing Fluid are cited in §§ 31:6 & 34:8 of the Rodgers Environmental Law Second Edition (July 2021 Update).

28. 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: Matthew Steilen, Our Imperial Federal Courts, 74 Vand. L. Rev. En Banc 125 (2021).

29. Prof. Sutton’s article Asynchronous, E-Learning in Legal Education: A Comparitive Study with the Traditional Classroom is cited in the following article: David Austin, Allison Cato, Amy Day, & Liam F. Vavasour, The Unified Legal Skills Program: How One Law School Adapted to Meet the Needs of Students Online, and How Those Adaptations May Inform Post-Pandemic Teaching, 45 Nova L. Rev. 419 (2021).

30. Prof. Ramirez’s article International Law Impacts Texas and the Texas Tech School of Law Responds is cited in the following article: Ramona Biholar & Sha-Shana Crichton, Forging Cross Border Connections through Scholarly Writing, 45 Nova L. Rev. 303 (2021).

31. Prof. Benham’s article Dirty Secrets: The First Amendment in Protective-Order Litigation is cited in the following article: Jordan Elias, “More than Tangential”: When Does The Public Have a Right to Access Judicial Records?, 29 J.L. & Pol’y 367 (2021).

32. Prof. Beyer’s article Will Contests: Prediction and Prevention is cited in the following case: Matter of Last Will v. Christmas, No. 2019-CA-01821-COA, — So.3d —-, 2021 WL 1975961 (Miss. Ct. App. May 18, 2021). (dissenting opinion of Wilson, P.J., joined by Lawrence, Smith, and Emfinger, JJ.,

Quotes

1. Prof. Beyer is quoted in the following article: Juan C. Antúnez, When to ‘Decant’ A Trust: It’s Getting Easier to Modify Irrevocable Trusts. Here’s How it Works, Florida Probate & Trust Litigation Blog (June 10, 2021; 2:30pm), available at https://www.flprobatelitigation.com/2020/12/articles/new-probate-cases/practice-procedure/when-to-decant-a-trust-its-getting-easier-to-tinker-with-irrevocable-trusts-heres-how-it-works/

News

1. Prof. Beyer traveled to Indianapolis, Indiana where he was invited to make two presentations on June 3, 2021 at the 48th Midwest Estate Tax & Business Planning Institute to over 150 attorneys. His presentations and accompanying articles were entitled: Anticipating Will Contests and How to Avoid Them, and Electronic Wills: The Changing Future of the Estate Practice.

2. On June 9, 2021, Prof. Beyer was the leadoff virtual speaker at the three-day 45th Annual Advanced Estate Planning & Probate Course sponsored by TexasBarCLE. His presentation and accompanying article discussed judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters during the past year.

3. On June 9, 2021, Prof. Beyer spoke on Non-Fungible Tokens at the summer meeting of the American College of Trust and Estate Counsel for the Digital Property Committee. He explain the development of NFTs and the steps wills and trusts practitioners should take to plan for their NFT-owning clients.

4. On June 17, 2021, Prof. Beyer was the lead-off speaker for the Community Property: What You Need to Know! virtual program for the State Bar of Arizona’s 2021 Convention. His presentation was entitled Marital Property Regimes: A Review of Common Law and Community Property Systems: What Makes Arizona’s Community Property Rules Unique?

5. On June 16, 2021, Prof. Beyer was the virtual guest speaker at the June meeting of the Santa Fe Estate Planning Council. His presentation and accompanying article were entitled Electronic Wills: The Changing Future of the Estate Practice.