April 2021 Law Faculty Publications & News

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, 2021.

Articles, Essays, Reviews, and Publications

1. Sally McDonald Henry, Ordin on Contesting Confirmation (2021-2 Supplement).

2. Gerry W. Beyer, Potpourri, 59-2 Real Est., Prob., & Tr. L. Rep., at 4 (2021).

3. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 59-2 Real Est., Prob., & Tr. L. Rep., at 5 (2021).

Op-Eds

1. Prof. Loewy, It’s Debatable: Are Stricter Measures Needed for Assault Weapons?, Lubbock Avalanche-Journal (April 4, 2021; 8:30a), available at: https://www.lubbockonline.com/story/opinion/2021/04/04/should-stricter-measures-implemented-assault-weapons/4840273001/

2. Prof. Loewy, It’s Debatable: Should Convicted Child Molesters Receive The Death Penalty?, Lubbock Avalanche-Journal (April 18, 2021; 4:55a), available at: https://www.lubbockonline.com/story/opinion/columns/2021/04/18/its-debatable-should-convicted-child-molesters-receive-death-penalty/7211106002/

3. Prof. Hardberger, Will Water Woes Return this Summer?, Lubbock Avalanche-Journal (April 25, 2021).

Citations

1. 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: Mollie Soloway, Measuring Environmental Justice: Analysis of Progress under Presidents Bush, Obama, and Trump, 51 Envtl. Rep. (ELI) 10038 (2021).

2. Prof. Camp’s article Franklin Roosevelt and the Forgotten History of the Earned Income Tax Credit is cited in the following article: Kathryn Kisska-Schulze & Rodney P. Mock, The Robotic Revolution: A Tax Policy Collision Course, 93 Temp. L. Rev. 301 (2021).

3. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds is cited in the following article: Kathryn Kisska-Schulze & Rodney P. Mock, The Robotic Revolution: A Tax Policy Collision Course, 93 Temp. L. Rev. 301 (2021).

4. 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: Madeline Marguerite Byers, Houston, We Have a Gentrification Problem: The Gentrification Effects of Local Environmental Improvement Plans in the City of Houston, 7 Tex. A&M J. Prop. L. 163 (2021).

5. Prof. Benham’s article Foundational and Contemporary Court Confidentiality is cited in the following article: Pamela K. Bookman, Arbitral Courts, 61 Va. H. Int’l L. 161 (2021).

6. Prof. Murphy’s book Administrative law and practice is cited in the following article: William A. Ballentine, Discussing Privacy in sec Subpoena Practice After Carpenter v. United States, 95 Chi.-Kent L. Rev. 721 (2020).

7. Prof. Chiappinelli’s book Cases and Materials on Business Entities is cited in the following article: Sorin Borlodan, Conceptualizing Shareholder Limited Liability in Corporations: Breaches Derived from Broadly Construed Doctrinal Exceptions, 4 Wayne St. U. J. Bus. L. 1 (2021).

8. Prof. Watt’s article Tyranny by Proxy: State Action and the Private Use of Deadly Force is cited in the following article: Osagie K. Obasogie & Anna Zaret, Medical Professionals, Excessive Force, and the Fourth Amendment, 109 Calif. L. Rev. 1 (2021).

9. Prof. Rosen’s article Civilian Courts and the Military Justice System: Collateral Review of Courts-Martial is cited in the following article: Clara D. Crenshaw, Habeas Review of Courts-Martial: Revisiting the Burns Standard, 99 Tex. L. Rev. 787 (2021).

10. 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: Scott Ingram, “Constitutional Inquisitors:” The Pragmatic Roots of Federal Prosecutorial Power, 14 Tenn. J. L. & Pol’y 199 (2020).

11. Prof. Rosen’s article Disciplinary Sanctions Against Prosecutors for Discovery Violations: A Paper Tiger is cited in the following article: Scott Ingram, “Constitutional Inquisitors:” The Pragmatic Roots of Federal Prosecutorial Power, 14 Tenn. J. L. & Pol’y 199 (2020).

12. Prof. Beyer’s article Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns is cited in § 2:4 of the Texas Practice Series (April 2021 Update).

13. Prof. Beyer’s article Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? is cited in the following article: Caitlin Henderson, Heirs Property in Georgia: Common Issues, Current State of the Law, and Further Solutions, 55 Ga. L. Rev. 875 (2021).

14. Prof. Murphy’s book Administrative law and practice is cited in the following article: Emily Carden Snow, Judicial Review in Expedited Removal Proceedings: Applying Sims. Apfel to Assess the Role of Issue Exhaustion, 55 Ga. L. Rev. 847 (2021).

15. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds is cited in the following article: Rebecca N. Morrow, Taxing Employers for Imposing Mandatory Arbitration, Class Action Waiver, and Nondisclosure of Dispute Provisions, 74 SMU L. Rev. 59 (2021).

16. Prof. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion is cited in the following article: Ronald J. Krotoszynski, Against Congressional Case Snatching, 62 Wm. & Mary L. Rev. 791 (2021).

17. Prof. Camp’s article Is the Individual Mandate Really Mandatory? is cited in the following article: Jordan M. Barry, John William Hatfield, & Scott Duke Kominers, To Thine Own Self Be True? Incentive Problems in Personalized Law, 62 Wm. & Mary L. Rev. 723 (2021).

18. Prof. Shannon’s article The Revised NCAA Division I Governance Structure After Three Years: A Scorecard is cited in the following article: Kathryn Kisska-Schulze & Adam Epstein, Changing the Face of College Sports One Tax Return at a Time, 73 Okla. L. Rev. 457 (2021).

19. Prof. Watt’s article Tyranny by Proxy: State Action and the Private Use of Deadly Force is cited in the following article: Polatip Subanajouy, Deus Ex Regula: A Specific Theory of the Nondelegation Doctrine in Light of Gundy v. United States, 53 UIC J. Marshall L. Rev. 1047 (2021).

20. Prof. Murphy’s book Administrative law and practice is cited in the following article: Alana K. Bevan, The Fundamental Inadequacy of Tribe-Agency Consultation on Major Federal Infrastructure Projects, 6 U. Pa. J. L. & Pub. Aff. 561 (2021).

21. Prof. Gossett’s articles If Charity Begins At Home, Why Do We Go Searching Abroad? Why The Federal Adoption Tax Credit Should Not Subsidize International Adoptions and Take Off the [Color] Blinders: How Ignoring the Hague Convention’s Subsidiarity Principle Furthers Structural Racism Against Black American Children are cited in the following article: Marcia Zug, ICWA’s Irony, 45 Am. Indian L. Rev. 1 (2021).

22. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited in the following article: Dr. Sari Graben, Law and Technology in Legal Education: A Systemic Approach at Ryerson, 58 Osgoode Hall L. J. 139 (2021).

Quotes

1.  Prof. Sutton is quoted in the following article: Brooke Curley, Search is on For Three Apache Scouts Hung in 1882, Eastern Arizona Courier, (April 2, 2021) available at: https://www.eacourier.com/news/search-is-on-for-three-apache-scouts-hung-in-1882/article_df4d24ea-91c2-11eb-9235-e799d22797ee.html#:~:text=1%20of%203-,Ramon%20Riley%2C%20culture%20resource%20director%20for%20the%20Fort%20Apache%20Museum,the%20U.S.%20Army%20in%201882.&text=Eastern%20Arizona%20Courier-,Nichole%20Cosen%20is%20the%20great%20granddaughter%20of%20Dandy%20Jim%2C%20an,from%20the%20Fort%20Grant%20cemetery.

2. Prof. James is quoted in the following article: Jasper Sherer, Orthodox Jewish congregation sues city of Houston over enforcement of deed restriction¸ Houston Chronicle, (April 1, 2021; 9:16p) available at: https://www.houstonchronicle.com/news/houston-texas/religion/article/Orthodox-Jewish-congregation-sues-city-of-Houston-16070168.php

3. Prof. Beyer is quoted in the following article: Ryan Felton, How an Obscure Industry Makes Money Off the Dead, Consumer Reports, (April 15, 2021) available at: https://www.consumerreports.org/predatory-lending/how-an-obscure-industry-makes-money-off-the-dead/

4. Prof. Rosen is quoted in the following article: Shannon Najmabadi, Lubbock voters will decide Saturday if the West Texas city will become the largest “sanctuary city for the unborn”, The Texas Tribune, (April 28, 2021; 5:00a) available at: https://www.texastribune.org/2021/04/28/lubbock-texas-abortion-election/

News

1. On April 9, 2021, Prof. Gerry W. Beyer was the speaker at a virtual meeting of the Estate Planning & Probate Section of the Collin County Bar Association. His presentation and accompanying article were entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice.

2. On April 16th, Prof. Dustin Benham spoke at Elon University’s virtual event intended to begin a national conversation for first-generation law students.

3.On April 23, 2021, Prof. Gerry W. Beyer was an invited speaker at the 40th Kansas City Estate Planning Symposium. To a virtual audience of over 550 attorneys and other estate planning professionals, Prof. Beyer presented his paper entitled Don’t Get Lost In Cyberspace: How to Plan for and Administer Digital Assets.

4. Professor Baker was invited to provide the “LAW Talk” at the Southwestern Association of Law Libraries Annual Conference on Thursday, April 22, 2021. Her talk focused on stewardship in the profession and provided examples related to statistics/benchmarking, vendor relations, legal research ethics, and diversity/equity/inclusion related to law librarian status in the legal academy. 

5. On April 27, 2021, Prof. Gerry W. Beyer was the speaker for a virtual meeting of the Probate, Trusts, & Estates Section of the Dallas Bar Association. To an audience of over 225 attorneys, Prof. Beyer presented his article entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice.

March 2021 Law Faculty Publications & News

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, 2021.

Articles, Essays, and Reviews

1. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., Mar./Apr. 2021, at 32.

2. 13, 14, & 15, Gerry W. Beyer, West’s Texas Forms – Real Property (2nd ed. 2021 Supp.).

3. Cathrine Martin Christopher, Error Correction Mechanisms for Transactional Script Smart Contracts, 69 U. Kan. L. Rev. 493 (2021).

4. Richard W. Murphy, Four Opinions on Access to the Courts from the Supreme Court’s 2019-20 Term, 46-WTR Admin & Reg. L. News 22 (2021).

Op-Eds

1. Prof Loewy, It’s Debatable: Are ERCOT power companies liable in aftermath of a storm, Lubbock Avalanche-Journal (March 7, 2021; 4:26a) https://www.lubbockonline.com/story/opinion/2021/03/07/its-debatable-ercot-and-texas-power-companies-criminally-liable/4581435001/  

Citations

1. Prof. Murphy’s book Tax Havens: How Globalization Really Works is cited in the following article: Rifat Azam, Online Taxation Post Wayfair, 51 N.M. L. Rev. 116 (2021).

2. Prof. Murphy’s book Administrative Law & Practice is cited in the following article: Shalev Roisman, Presidential Law, 105 Minn. L. Rev. 1269 (2021).

3. Prof. Myhra’s article The Pharmacist’s Duty to Warn in Texas is cited in the following article: Tanya E. Karwaki, Establishing A Patient-Pharmacist Relationship: Clarifying Duties and Improving Patient Care, 72 Baylor L. Rev. 507 (2020).

4. Prof. Loewy’s article Distinguishing Speech from Conduct is cited in the following article: R. George Wright, A Variable Number of Cheers for Viewpoint-Based Regulations of Speech, 96 Notre Dame L. Rev. Reflection 82 (2021).

5. Prof. Beyer’s book Real Estate Transactions is cited in the following article: Maureen E. Brady, Turning Neighbors into Nuisances, 135 Harv. L. Rev. 1610 (2021).

6. Prof. Casto’s article The Origins of Federal Admiralty Jurisdiction in an Age of Privateers, Smugglers, and Pirates is cited in the following article: Steven R. Wilf, Joseph’s Story’s Republics In A Minor Key: Dark Times And The Astonishing Relevance of Kent Newmyer, 52 Conn. L. Rev. 1281 (2021).

7. Prof. Camp’s article What Good is the National Taxpayer Advocate? is cited in the following article: Danshera Wetherington Cords, Nina E. Olson: A Legislative Legacy, 18 Pitt. Tax Rev. 139 (2020).

8. 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: Joshua D. Blank & Leigh Osofsky, Automated Legal Guidance, 106 Cornell L. Rev. 179 (2020).

9. Prof. Murphy’s article The Evolution of Law and Policy for CIA Targeted Killing is cited in the following article: Jason Hodge, The Legal Challenges in Using Targeted Killing to Fight the War on Terror, 7 Homeland & Nat’l Security L. Rev. 48 (2021).

10. Prof. Murphy’s article Public Participation without a Public: The Challenger for Administrative Policymaking is cited in the following article: Michael Sant’Ambrogio & Glen Staszewski, Democratizing Rule Development, 98 Wash U. L. Rev. 793 (2021).

11. 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: D.A. Jeremy Telman, John Marshall’s Constitution: Methodological Pluralism and Second-Order Ipse Dixit in Constitutional Adjudication, 24 Lewis & Clark L. Rev. 1151 (2020).

12. Prof. Gonzalez’s article A Pot of Gold at the End of the Rainbow: An Economic Incentives-Based Approach to OSHA Whistleblowing is cited in the following article: Tyler L. Jones, Two For Flinching: The Duplicative Litigation of Railroad Whistleblower Claims, 47 Transp. L. J. 1 (2020).

13. Prof. Camp’s article Form Over Substance in Fifth Circuit Tax Cases is cited in the following article: Nathalie Martin & Lydia Pizzonia, Shadow Credit and the Devolution of Consumer Credit Regulation, 24 Lewis & Clark L. Rev. 1439 (2020).

14. Prof. Rosen’s article America’s Professional Military Ethic and the Treatment of Captured Enemy Combatants in the Global War on Terror is cited in the following article: Francis Grimal & Michael J. Pollard, The Duty to Take Precautions in Hostilities, and the Disobeying Of Orders: Should Robots Refuse? 44 Fordham Int’l L.J. 671 (2021).

15. Prof. Murphy’s book Federal Practice and Procedure is cited in the following article: Ellen S. Podgor, The Dichotomy Between Overcriminalization and Underregulation, 70 Am. U. L. Rev. 1061 (2021).

16. Prof. Christopher’s article Normalizing Struggle is cited in the following article: Megan Bess, Grit, Growth Mindset, and the Path to Successful Lawyering, 89 UMKC L. Rev. 493 (2021).

17. Prof. Huffman & Prof. Rosen’s book Military Law: Criminal Justice & Administrative Process is cited in the following article: James M. Brennan, Incident to Service: The Feres Doctrine and the Uniform Code of Military Justice, 81 A.F. L. Rev. 240 (2020).

18. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Nikol Oydanich, Chief Justice Roberts’s Hard Look Review, 89 Fordham L. Rev. 1635 (2021).

19. Prof. Spain’s article Alternative Dispute Resolution for the Poor: Is It an Alternative? is cited in the following article: Tom Lininger, Judges’ Ethical Duties to Ensure Fair Treatment of Indigent Parties, 89 Fordham L. Rev. 1237 (2021).

20. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in the following article: Megan Wishmeier Shaner, Privately Ordered Fiduciaries, 28 George Mason L. Rev. 1 (2020).

Quotes

1.  Prof. Camp is quoted in the following article: Why S Corporation Payments Are Almost Always Wages, 2021 Law360 89-96, (March 30, 2021; 4:49p), available at https://www.law360.com/articles/1369984/why-s-corporation-payments-are-almost-always-wages

News

1. Prof. Gerry W. Beyer was unanimously reelected to a three-year term as a Regent of the American College of Trust and Estate Council (ACTEC) on March 2, 2021. ACTEC is a nonprofit association of over 2,500 lawyers and law professors skilled and experienced in the preparation of wills and trusts; estate planning; and probate procedure and administration of trusts and estates of decedents, minors and incompetents. ACTEC is governed by 39 Fellows who serve on its Board of Regents.

2. On March 5, 2021, Prof. Gerry W. Beyer presented a webinar for the American Law Institute Continuing Legal Education organization titled What Estate Planners Need to Know about Community Property.

3. On March 4, 2021, Prof. Gerry W. Beyer spoke for DC Bar Communities. His presentation and accompanying article were titled Cyber Estate Planning and Administration. He was asked to speak on this topic because DC recently enacted the Revised Uniform Fiduciary Access to Digital Assets Act effective on February 12, 2021.

4. On March 23, 2021, Prof. Gerry W. Beyer was the featured speaker at the monthly meeting of the Estate Planning Council of Central Texas. Presenting via Zoom to approximately 100 professionals from the Austin and Waco area, Prof. Beyer’s topic was Anticipating Will Contests and How to Avoid Them. His article with the same title was distributed to the attendees.

5. Prof. Gerry W. Beyer spoke at the Spring Judicial Education Session on March 26, 2021, sponsored by the Texas Association of Counties. Prof. Beyer spoke about determination of heirships and intestate property distribution to an audience of over 100 Texas Constitutional County Court judges.

February 2021 Law Faculty Publications & News

Throughout the month of February, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for February 1st to February 28th, 2021.

Articles, Essays, and Reviews

1. 12, 12A, & 12B, Gerry W. Beyer, West’s Texas Forms – Administration of Decedents’ Estates and Guardianships (4th ed. 2020-21 Supp.).

2. Gerry W. Beyer, Potpourri, 59-1 Real Est., Prob., & Tr. L. Rep., at 4 (2021).

3. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 59-1 Real Est., Prob., & Tr. L. Rep., at 5 (2021).

4. Gerry W. Beyer, An Estate Planner’s Guide to Specific Testamentary Gifts, 59-1 Real Est., Prob., & Tr. L. Rep, at 41 (2021).

5. Arnold H. Loewy, The Strange Case of Timothy Hennis: How Should It Be Resolved, 53 Tex. Tech L. Rev. 1 (2020).

Op-Eds

1. Prof Loewy, It’s Debatable: Have Social Media Giants Violated Trump’s Free Speech Rights? Lubbock Avalanche-Journal (February 7, 2021; 4:39a) https://www.lubbockonline.com/story/opinion/2021/02/07/should-former-president-trump-held-accountable-virus-deaths/4393058001/

2. Prof Loewy, It’s Debatable: Should Trump Be Held Accountable for COVID Deaths?, Lubbock Avalanche-Journal (February 21, 2021; 3:47a) https://www.lubbockonline.com/story/opinion/2021/02/21/its-debatable-social-media-giants-and-censorship-former-president/6769798002/

Citations

1. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Kristen E. Hickman & Aaron L. Nielson, Narrowing Chevron’s Domain, 70 Duke L.J. 931 (2021).

2. Prof. Murphy’s article Punitive Damages, Explanatory Verdict, and the Hard Look is cited in § 8:8 of Federal Jury Practice And Instructions (February 2021 Update).

3. 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: Aziz Z. Huq, Why Judicial Independence Fails, 115 Nw. U. L. Rev. 1055 (2021).

4. Prof. Beyer’s article Videotape and the Probate Process: The Nexus Grows is cited in the following article: Anna C. Borea, The Videotaped Will: How the Connecticut Probate Court System Could Benefit From Legislation Validating a Video-Recorded Will, 34 Quinnipiac Prob. L.J. 78 (2020).

5. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State is cited in § 2:13 of the Administrative Law And Practice (February 2021 Update).

6. Prof. Beyer’s article Electronic Wills: What Estate Planners Need to Know is cited in the following article: Naman Anand & Dikshi Arora, Where There Is A Will, There Is No Way: COVID 19 And A Case For the Recognition of E-Wills In India and Other Common Law Jurisdictions, 27 ILSA J Int’l & Comp L 77 (2020).

7. Prof. Henry’s article Chapter 11 Zombies, is cited in the following article: Stephen J. Lubben, Fairness and Flexibility: Understanding Corporate Bankruptcy’s Arc, 23 U. Pa. J. Bus. L. 132 (2020).

8. Prof. Henry’s article Paying-To-Play in Chapter 11 is cited in the following article: Robert W. Miller, A Comprehensive Framework for Conflict Preemption in Federal Insolvency Proceedings, 123 W. Va. L. Rev. 423(2020).

9. 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: Molly Soloway, Measuring Environmental Justice: Analysis of Progress under Presidents Bush, Obama, and Trump, 51 ELR 10038 (2021).

10. Prof. Casto’s article The Erie Doctrine and the Structure of Constitutional Revolutions is cited in the following article: Adam B. Sopko, Swift Removal, 13 Fed. Cts. L. Rev. 1 (2021).

11. Prof. Murphy’s article Judicial Deference, Agency Commitment, and Force of Law is cited in the following article: Kristin E. Hickman & David Hahn, Categorizing Chevron, 81 Ohio St. L. J. 611 (2020).

12. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Kristin E. Hickman & David Hahn, Categorizing Chevron, 81 Ohio St. L. J. 611 (2020).

13. Prof. Murphy’s article The Limits of Legislative Control over the “Hard-Look” is cited in the following article: Bret Baker, Prometheus: Giving Life to Formal Retrospective Review through “Thin Rationality” Judicial Review, 81 Ohio St. L. J. 723 (2020).

14. 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: Caroline Mala Corbin, The Unconstitutionality of Government Propaganda, 81 Ohio St. L. J. 815 (2020).

15. Prof. Camp’s article Dual Construction of RICO: The Road Not Taken in Reves is cited in the following article: Max Steinberg, Arbitrating with the Mafia: Why Civil RICO Statutes are Improperly Used and How Class Action Arbitration May Provide Just Compensation for Forgotten Victims, 22 Cardozo J. Conflict Resol. 97 (2020).

16. Prof. Black’s article Comparing Genuine and Simulated Suicide Notes: A New Perspective is cited in the following article: Jana J. Haikal, Suicide in the Evidentiary Spotlight: An Analysis of the Trustworthiness of Suicide Notes under the Federal Residual Exception, 62 B.C. L. Rev. 235 (2021).

17. 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: Mark Fenster, Populism and Transparency: The Political Core of an Administrative Norm, 89 U. Cin. L. Rev. 286 (2021).

18. Prof. Spain’s article The Opportunities and Challenges of Providing Equal Access to Justice in Rural Communities is cited in the following article: Maybell Romero, Rural Spaces, Communities of Color, and the Progressive Prosecutor, 110 J. Crim. L. & Criminology 803 2020).

19. Prof. Shannon’s article Incompetency to Be Executed: Continuing Ethical Challenges & Time for a Change in Texas is cited in the following article: Farid Seyyedi, When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With McCoy Defendants, 11 St. Mary’s J. Legal Mal. & Ethics 144 (2020).

20. Prof. Benham’s article Texas Courts: A Survey is cited in the following article: Daniel G. Esquivel, Punishing the Victim: Model Rule 1.16(A)(2) And Its Relation To Lawyers with Anxiety, Depression, and Bipolar Disorder, 11 St. Mary’s J. Legal Mal. & Ethics 108 (2020).

21. 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: Noah M. Sachs, Toxic Floodwaters: Strengthening the Chemical Safety Regime for the Climate Change Era, 46 Colum. J. Envtl. L. 73 (2020).

22. 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: Rose Mooney, We Still Have Lessons to Learn from Woburn, and Flint is a Good Place To Start, 96 Notre Dame L. Rev. 1319 (2021).

23. Prof. Casto’s article The Federal Courts’ Protective Jurisdiction over Torts Committed in Violation of the Law of Nations is cited in the following article: Gabe Cahn, Is the U.S. Government Violating the Safe Conducts of Noncitizens? How A Turn To Strict Originalism Could Revitalize The Alien Tort Statute, 42 Cardozo L. Rev. 389 (2020).

24. Prof. Watts’ article To Tell the Truth: A Qui Tam Action for Perjury in a Civil Proceeding is Necessary to Protect the Integrity of the Civil Judicial System is cited in the following article: Michael D. Moberly, Can A Nightingale Sing? Assessing The Need for a Nurse-Patient Privilege, 17 J. Heal & Biomedical L. 1 (2020).

25. Prof. Loewy’s article Distinguishing Speech from Conduct is cited in the following article: Mark P. Strasser, Those Are Fighting Words, Aren’t They? On Adding Injury to Insult, 71 Case W. Res. L. Rev. 249 (2020).

26. Prof. Murphy’s book Administrative Law and Practice is cited in the following article: John Patrick Hunt, Bankruptcy as Consumer Protection: The Case of Student Loans, 52 Ariz. St. L. J. 1167 (2020).

News

1.  On January 29, 2021, Prof. Gerry W. Beyer spoke at the 50th Anniversary of the Estate Planning Forum sponsored by the Sacramento Estate Planning Council. Prof. Beyer presented two of his papers: Cyber Estate Planning and Administration and Unusual Will Provisions and Enforcement Issues to an audience of approximately 125 Zoom attendees.

2. Prof. Gerry W. Beyer presented a virtual CLE program for the Tarrant County Probate Bar Association on February 4, 2021 to an audience of over 150 attorneys. His presentation and accompanying article were titled Case Law Update: Intestacy, Wills, Probate, and Trusts.

3. On February 18, 2021, Prof. Gerry W. Beyer was the in-person guest speaker at the February meeting of the South Plains Trust & Estate Council in Lubbock. His presentation and accompanying article were titled What Do You Desire? Will Bequests—A Person’s Last Chance to Be Creative.

4. On February 28, 2021, Prof. Gerry W. Beyer was the guest speaker for the Treasure Coast Exotic Bird Club based in Florida. His presentation and accompanying article were titled What If Your Parrot Outlives You? Preparing for Your Parrot’s Future.

5. On February 26, 2021, Prof. Gerry W. Beyer was a speaker at the 13th Annual Estate Planning & Community Property Law Journal CLE & Expo. His presentation and accompanying article were titled Case Law Update: Intestacy, Wills, Probate, and Trusts.

January 2021 Law Faculty Publications & News

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, 2021.

Articles, Essays, & Books

1. Gerry W. Beyer, Estate Planning & Probate Law, Tex. B.J., Jan. 2021, at 33.

2. Gerry W. Beyer, Marital Property and Homesteads (2020-2021 Supplements to Volumes & 39 of the Texas Practice Series).

3. Brian D. Shannon, Texas Mental Health Legislative Reform: Significant Achievements With More To Come, 53 Tex. Tech L. Rev. 99 (2020).

4. Arnold H. Loewy, The Strange Case of Timothy Hennis: How Should It Be Resolved, 53 Tex. Tech L. Rev. 1 (2020).

5. Gerry W. Beyer, A Safe Harbor in the Medicaid Adventure: Lady Bird and Transfer on Death Deeds, 46 ACTEC L.J. 3 (2020).

6. Gerry W. Beyer, Cyber Estate Planning and Administration, Est. Plan., Jan. 2021, at 28.

7. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., Jan./Feb. 2021, at 30.

8. Jamie J. Baker, The Intersectionality of Law Librarianship & Gender, 65 Vill. L. Rev. 1011 (2020).

9. Gerry W. Beyer, 2020 Year In Review: Estate Planning and Probate Law, 83 Tex. B. J. 33 (2021).

Op-Eds

1. Prof Loewy, It’s Debatable: Should Lame Duck Period Be Reduced to Smooth Transitions?, Lubbock Avalanche-Journal (January 10, 2021; 3:53a) https://www.lubbockonline.com/story/opinion/columns/2021/01/10/its-debatable-should-lame-duck-period-reduced-smooth-transitions/6603931002/

2. Prof. Loewy, It’s Debatable: Should Sen. Cruz Be Expelled From Senate for Reemarks? Lubbock Avalanvhe-Journal (January 24, 2021; 4:59a) https://www.lubbockonline.com/story/opinion/2021/01/24/its-debatable-should-senator-ted-cruz-expelled-senate/4231895001/

Citations

1. Prof. Beyer’s book Real Estate Transactions 3d, is cited in the following article: Lawrence A. Frolik, Appropriate Housing for Older Clients, 46 ACTEC L.J. 53 (2020).

2. Prof. Beyer’s article Electronic Wills- What Estate Planners Need To Know is cited in the following article: Naman Anand & Dikshi Arora, Where There is a Will, There Is No Way: Covid 19 and A Case For The Recognition of E-Wills in India and Other Common Law Jurisdictions, 27 ILSA J. Int’l & Comp. L. 77 (2021).

3. Prof. Casto’s article The Origins of Federal Admiralty Juridsiction in an Age of Privateers, Smugglers, and Pirates is cited in the following article: Thomas J. Snyder, My Car Is My Castle: The Failed Historical Roots of the Vehicle Exception to the Fourth Amendment, 93 S. Cal. L. Rev. 987 (2020).

4. Prof. Casto’s article The Supreme Court in the Early Republic is cited in the following article: Jackson Bowker, The Issue of Condemning State Owned Property Pursuant to the Natural Gas Act: In Re Penneast, 41 Energy L.J. 403 (2020).

5. 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: Jeremy Weese, The (Un)Holy Shield: Rethinking the Ministerial Exception, 67 UCLA L. Rev. 1320 (2020).

6. Prof. Murphy’s book Administrative Law and Practice is cited in the following article: Joshua Knobe & Scott Shapiro, Proximate Cause Explained: An Essay In Experimental Jurisprudence, 88 U. Chi. L. Rev. 165 (2021).

7. Prof. Benham’s article Tangled Incentives: Proportionality and the Market for Reputational Harm is cited in the following article: Garth A. Molander, Do Elder Law Practitioners and the American Legal Profession Need an Ethical Confidentiality Rule or Can Both Do Without an ABA Model Rule 1.6?, 2020-201602 National Academy of Elder Law Attorneys Journal (2021).

8. Prof. Chiappinelli’s article The Underappreciated Importance of Personal Jurisdiction in Delaware’s Success is cited in the following article: Joel E. Friedlander, Performing Equity: Why Court of Chancery Transcript Rulings Are Law, U of Penn, Inst for Law & Econ Research Paper No. 20-58 (2021).

9. Prof. Murphy’s article Separation of Powers and the Horizontal Force of Precedent is cited in the following article: Cody Ray Milner, Into The Multiverse: Replacing The Intelligible Principle Standard With A Modern Multi-Theory of Nondelegation, 28 Geo. Mason L. Rev. 395 (2020).

10.  Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in the following article: Megan Wischmeier Shaner, Privately Ordered Fiduciaries, 28 Geo. Mason L. Rev. 354 (2020).

11. Prof. Chiappinelli’s article The Underappreciated Importance of Personal Jurisdiction in Delaware’s Success is cited in the following article: Megan Wischmeier Shaner, Privately Ordered Fiduciaries, 28 Geo. Mason L. Rev. 354 (2020).

12. Prof Murphy’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: Chase Holt & Daniel Simons, Rico As A Case Study In Weaponizing Defamation and the International Response to Corporate Censorship, 9 J. Int’l Media & Ent. L. 1 (2020-2021).

13. Prof. Gossett’s article “[Take Us from Our] Wretched Refuse”: The Deportation of America’s Adoptees, is cited in the following article: Lisa A. Tucker, From Contract Rights To Contact Rights: Rethinking The Paradigm for Post-Adoption Contact Agreements, 100 B.U. L. Rev. 2317 (2020).

14. Prof. Christopher’s article Putting Legal Writing on the Tenure Track: One School’s Experience is cited in the following article: Jamie J. Baker, The Intersectionality of Law Librarianship & Gender, 65 Vill. L. Rev. 1011 (2020).

15. Prof. Baker’s article A Legal Research Odyssey: Artificial Intelligence as a Disruptor is cited in the following article: Nicholas Mignanelli, Citing Legal Research: Who Needs It?, 112 Law Library Journal 327 (2020).

16. A multitude of Prof. Beyer’s works, including Slayer Statutes from State to State and Texas Wills and Estates: Cases and Materials are cited in the following article: Macie Alcoser, Spousal Abuse Disqualification Statute: It’s Time To Protect Other Victims, 13 Est. Plan. & Community Prop. L.J. 269 (2020).

17. A multitude of Prof. Beyer’s works including Estate Planning Highlights of the 2017 Legislature and An Estate Planner’s Guide to the Uniform Partition of Heirs Property Act are cited in the following article: R. Shaun Rainey, Uniform Partition of Heirs’ Property Act: Partition With an Acetate Overlay, 13 Est. Plan. & Community Prop. L.J. 233 (2020).

18. A multitude of Prof. Beyer’s works including Estate Plans: The Durable Power of Attorney for Property Management and Texas Law of Wills is cited in the following article: Lauren Davis Hunt, Christopher T. Hodge, & Brian T. Thompson, Alternatives to Tortious Interference with Inheritance, 13 Est. Plan. & Community Prop. L.J. 59 (2020).

Quotes

1. Prof. Metze is quoted in the following article: Caitlin Randle, Lawyers Discuss Charges Against Jenny Cudd and Eliel Rosa in Capitol Mob, Midland Reporter-Telegram (January 15, 2021; 6:36p)

News

1. Prof. Sutton is mentioned in the article President Schovanec Discusses COVID-19 Vaccine Rollout in The Daily Toreador, discussing the formation of a committee to organize the process of vaccine distribution at Texas Tech.

2. Associate Dean Humphrey was elected as the Chair-Elect of the Associate Deans for Academic Affairs & Research section of AALS.

3. On January 20, 2021, Prof. Brian Shannon was reappointed to a second term on the Texas Judicial Commission on Mental Health.

December 2020 Law Faculty Publications & News

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 1 to December 31, 2020.

Articles, Essays, and Reviews

1. Gerry W. Beyer, An Estate Planner’s Guide to Specific Testamentary Gifts, Est. Plan. Dev. Tex. Prof., Nov. 2020, at 1.

2. Richard Murphy, §§ 8337 & 8393 of Federal Practice & Procedure (Wright & Miller) (December 2020 Update).

Op-Eds

1. Prof. Loewy, It’s Debatable: Are City Officials Liable for Rising Virus Cases, Deaths?, Lubbock Avalanche-Journal (December 1, 2020; 2:42a) https://www.lubbockonline.com/story/opinion/2020/11/29/its-debatable-lubbock-officials-liable-coronavirus-cases-deaths/6425930002/

2. Prof. Loewy, It’s Debatable: Should Care Be Deferred For People Who Get The Virus On Purpose?, Lubbock Avalanche-Journal (December 13, 2020; 5:05a) https://www.lubbockonline.com/story/opinion/2020/12/13/its-debatable-defer-care-those-who-get-coronavirus-purpose/3879670001/

3. Prof. Loewy, It’s Debatable: Should High Court Have Heard Texas Election Suit?, Lubbock Avalanche-Journal (December 27, 2020; 5:47a) https://www.lubbockonline.com/story/opinion/2020/12/27/its-debatable-supreme-court-hearing-lawsuit-texas-election/3997680001/

Citations

1. Prof. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look is cited in the following book: Lawrence G. Cetrulo, Toxic Torts Litigation Guide (December 2020 Update).

2. 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 the following book: Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases 3d (December 2020 Update).

3. Prof. Murphy’s article Can They Do That? The Due Process and Article III Problems of Proposed Findings of Criminal Contempt in Bankruptcy Court is cited in the following manual: Hon. Joan N. Feeney, Hon. Michael G. Williamson, and Michael J. Stepan, Esq., Bankruptcy Law Manual (December 2020 Update).

4. Prof. Beyer’s article Pet Animals: What Happens When Their Humans Die? is cited in the following book: Mary F. Radford, Georgia Trusts and Trustees (December 2020 Update).

5. Prof. Beyer’s article Annual Survey of Texas Law: Wills & Trusts is cited in the following book: Mary F. Radford, Georgia Trusts and Trustees (December 2020 Update).

6. Prof. Beyer’s article Estate Planning in the Digital Age is cited in the following book: Mary F. Radford, Georgia Trusts and Trustees (December 2020 Update).

7. Prof. Murphy’s article The DIY Unitary Executive is cited in the following article: Kathryn E. Kovacs, The Supersecretary in Chief, 94 S. Cal. L. Rev. Postscript 61 (2020).

8. Prof. Chiappinelli’s article Jurisdiction over Directors and Officers in Delaware is cited in the following article: Jessie M. Fried & Ehud Kamar, China, and the Rise of Law-Proof Insiders, European Corporate Governance Institute – Law Working Paper 557/2020 (2020).

9. Prof. Casto’s article Foreign Affairs and the Constitution in the Age of Fighting Sail is cited in the following article: Michael D. Ramsey, Courts and Foreign Affairs: “Their Historic Role”: Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs, 35 Const. Comment. 173 (2020).

10. Prof. Benham’s article Tangled Incentives: Proportionality and the Market for Reputation Harm is cited in the following article: Garth A. Molander, Do Elder Law Practitioners And The American Legal Profession Need An Ethical Confidentiality Rule Or Can Both Do Without Aba Model Rule 1.6?, 16 NAELA J. 59 (2020).

11. Prof. Nowlin’s article The Warren Court’s House Built on Sand: From Security in Persons, Houses, Papers, and Effects to Mere Reasonableness in Fourth Amendment Doctrine is cited in the following article: Andrew Guthrie Ferguson, Structural Sensor Surveillance , 106 Iowa L. Rev. 47 (2020).

12. Prof. Huffman’s & Prof. Rosen’s book Military Law: Criminal Justice and Administrative Process is cited in the following article: Eugene R. Fidell, Covid-19 and Military Law, 11 J. Nat’l Security L. & Pol’y 181 (2020).

13. Prof. Camp’s blog post Lesson from the Tax Court: The Turbo-Tax Defense is cited in the following article: Kenneth C. Weil, Recourse and Nonrecourse Debt: What Are the Federal Income Consequences When the Character of Debt Changes, 74 Tax Law. 141 (2020).

14. Prof. James’ article The African-American Church, Political Activity, and Tax Exemption is cited in the following article: Benjamin M. Leff, Fixing the Johnson Amendment Without Totally Destroying It, 6 U. Pa. J. L. & Pub. Aff. 115 (2020).

15. Prof. Benham’s article Dirty Secrets: The First Amendment in Protective-Order Litigation, is cited in the following article: Clay Calvert, Escaping Doctrinal Lockboxes in First Amendment Jurisprudence: Workarounds for Strict Scrutiny for Low-Value Speech in the Face of Stevens and Reed, 73 SMU L. Rev. 727 (2020).

16. Prof. Rosen’s article Katcoff V. Marsh At Twenty-Two: The Military Chaplaincy And The Separation Of Church And State is cited in §§ 36:3, 36:10, 36:13, & 36:14 of Religious Organizations and the Law (December 2020 Update).

17. Prof. James’ article The African-American Church, Political Activity, and Tax Exemption is cited in §32:14 of Religious Organizations and the Law (December 2020 Update).

18. Prof. Metze’s article Dissecting the ABA Texas Capital Punishment Assessment Report of 2013: Death and Texas, a Surprising Improvement is cited in the following article: Valena E. Beety, Forensic Evidence in Arizona: Reforms for Victims and Defendants, 52 Ariz. St. L.J. 709 (2020).

19. Prof. Beyer’s article with Claire G. Hargrove, Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? is cited in the following article: Peter Wendel, Testamentary Transfers and the Intent Versus Formalities Debate: The Cose for a ‘Charitable’ Common Ground, 69 U. Kan. L. Rev. 249 (2020).

20. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in §116:21 of Business and Commercial Litigation in Federal Courts 4th Edition (December 2020 Update).

21. Prof. Chiappinelli’s article ­­­­The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in §3:7 of Treatise on the Law of Corporations 3d (December 2020 Update).

22. Prof. Shannon’s article The 1995 Revisions to the DTPA: Altering the Landscape is cited in §6:19 of McDonald &Carlson Texas Civil Practice (December 2020 Update).

Quotes

1. Prof. Shannon is quoted in the following article: Trinady Joslin, Disabled Texans Worry Loss of Affordable Care Act Could Cost Them Programs That Help Them Live Independently, Texas Tribune, (December 30, 2020; 5:00am), available at https://www.texastribune.org/2020/12/30/disability-texas-affordable-care-act/