August 2020 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 1 to August 31, 2020.

Articles, Essays, and Reviews

1. Sally McDonald Henry, Ordin on Contesting Confirmation, 7th Edition, (2020 Supplement).

2. Gerry W. Beyer, Texas Law of Wills (2020 ed.) (Volumes 9 & 10 of the Texas Practice Series).

3. Gerry W. Beyer, Beyer’s Texas Property Code Annotated (2020 ed.).

4. Gerry W. Beyer, Probate and Decedent’s Estates (2020 Supplements to Volumes 17 & 18 of the Texas Practice Series).

5.Gerry W. Beyer, Recent Judicial Developments, Est. Plan. Dev. for Tex. Prof., Aug. 2020, at 1.

6. Gerry W. Beyer, Keeping Current—Probate, Prob. & Prop., July/Aug. 2020, at 25 (editor).

Op-Eds

1. Arnold Loewy & Charles Moster, It’s debatable: Should presidential candidates of a certain age be screened for cognitive impairment? Lubbock-Avalanche J. (Aug 9, 2020 at 12:01 am); available at https://www.lubbockonline.com/opinion/20200809/itrsquos-debatable-should-presidential-candidates-of-certain-age-be-screened-for-cognitive-impairment.

Citations

1. Prof. Camp’s article Dual Construction of Rico: The Road Not Taken in Reves is cited in the following article: Julian R. Murphy, A Tale of Two Canons: Can A Federalism Canon Succeed Where Lenity Has Failed to Limit Federal Criminal Laws?, 8 Va. J. Crim. L. 60 (2020).

2. Prof. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look is cited in § 8:8 of the Federal Jury Practice and Instructions (August 2020 Update).

3. 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: Daniel J. Wright, The Orphaned Right: How A San Diego Resident Might Have Saved Second Amendment Liberty–Peruta V. California, 137 S. Ct. 1995 (2017), 32 Regent U. L. Rev. 387 (2020).

4. 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: Hon. Mark C. Dillon, U.S. Chief Justice John Jay: When All Judges Were Originalists, 15 Jud. Notice 20 (2020).

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: Andrea Giampetro-Meyer & Nancy Kubasek, Harvey: Environmental Justice and Law, 31 Fordham Envtl. L. Rev. 37 (2020).

6. Prof. Gonzalez’s article A Tale of Two Waivers: Waiver of the Jury Waiver Defense under the Federal Rules of Civil Procedure is cited in § 2321 of Wright & Miller’s Federal Practice and Procedure (August 2020 Update).

7. Prof. Beyer’s articles Videotape and the Probate Process: The Nexus Grows, and Videotaping The Will Execution Ceremony–Preventing Frustration Of The Testator’s Final Wishes are cited in the following article: Thaddeus Mason Pope, Video Advance Directives: Growth and Benefits of Audiovisual Recording, 73 SMU L. Rev. 163 (2020).

8. Prof. Beyer’s articles Statutory Will Methodologies—Incorporated Forms Vs. Fill-In Forms: Rivalry Or Peaceful Coexistence?, and Statutory Fill-In Will Forms–The First Decade: Theoretical Constructs And Empirical Findings are cited in the following article: David Horton, Do-It-Yourself Wills, 53 U.C. Davis L. Rev. 2357 (2020).

9. Prof. Outenreath’s article Cheers! Ending Quill … What Can Be Learned from the Wine Industry is cited in the following article: Kathryn Kisska-Schulze, Corey Ciocchetti, & Ralph Flick, Case Baiting, 57 Am. Bus. L.J. 321 (2020).

10. Prof. Beyer’s article Trusts and Estates Practice into the Next Millennium is cited in the following article: Lee-ford Tritt, Litigation Blues For Red-State Trusts: Judicial Construction Issues For Wills And Trusts, 72 Fla. L. Rev. 841 (2020).

11. Prof. Murphy’s article Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Kate Webber Nunez, Persuasive or Pipe Dream? The Potential Influence of the Feminist Judgments Project on Future Judicial Decision Making, 9 Brit. J. Am. Legal Stud. 323 (2020).

12. Prof. Casto’s articles Advising Presidents: Robert Jackson and the Destroyers-For-Bases Deal and Attorney General Robert Jackson’s Brief Encounter with the Notion of Preclusive Presidential Power are cited in the following article: Louis Fisher, Sources And Limits For Presidential Power: Perspectives Of Robert H. Jackson, 83 Alb. L. Rev. 441 (2020).

13. Prof. Murphy’s publication Eight Things Americans Can’t Figure Out About Controlling Administrative Power is cited in the following article: Ronald A. Cass, Motive And Opportunity: Courts’ Intrusions Into Discretionary Decisions Of Other Branches–A Comment On Department Of Commerce V. New York, 27 Geo. Mason L. Rev. 401 (2020).

14. Prof. Christopher’s article Mobile Banking: The Answer For The Unbanked In America? is citing in the following article: Carol R. Goforth, The Case For Preempting State Money Transmission Laws For Crypto-Based Businesses, 73 Ark. L. Rev. 301 (2020).

15. Prof. Sutton’s article Asynchronous, E-Learning in Legal Education: A Comparative Study with the Traditional Classroom is cited in the following article: Nina A. Kohn, Online Learning And The Future Of Legal Education: Symposium Introduction, 70 Syracuse L. Rev. 1 (2020).

16. Prof. Beyer’s article Ante-Mortem Probate: A Viable Alternative is cited in the following article: Katheleen Guzman, Wills Speak, 85 Brook. L. Rev. 647 (2020).

Quotes

1. Prof. Camp is quoted in the following article: Dylan Moroses, Justices Told Microcaptive Insurer Can’t Challenge IRS Rule, 2020 Law360 225-25.

2. Prof. Loewy’s article Rethinking Government Neutrality Towards Religion Under The Establishment Clause: The Untapped Potential Of Justice O’Connor’s Insight is quoted in the following article: M. Allison Hyde, American Legion V. American Humanist Ass’n: Exempting Longstanding Governmental Religious Displays From Establishment Clause Scrutiny And How The Endorsement Test Could Have Prevented It, 79 Md. L. Rev. 836 (2020).

News

1. Prof. Beyer was recently notified that he was appointed as the Probate and Property Magazine Keeping Current Probate Editor by the Chair-Elect of the American Bar Association Section of Real Property, Trust and Estate Law, Stephanie Loomis-Price.

2. Throughout July and August, Prof. Beyer gave the following virtual presentations for the Texas Association of Counties: Probate Overview – Part 1, Probate Overview – Part 2, What Every Judge and Clerk Needs to Know about Texas Intestate Succession, Texas Wills Law – Part 1, Texas Wills Law – Part 2, Appellate Case Law Update, Heirship Proceedings.

3. On August 21, 2020, Prof. Gerry W. Beyer was a virtual speaker at the 2020 Annual Meeting of the Texas College of Probate Judges. His presentation and accompanying paper were titled Recent Cases: Intestacy, Wills, and Trusts.

July 2020 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 30th, 2020.

Articles, Essays, and Reviews

1. Catherine M. Christopher, Normalizing Struggle, 73 Ark. L. Rev. 27 (2020).

2. Victoria Sutton, Native Americans and Discriminatory Administration with Facially Neutral Rules, Yale Journal on Regulation (2020).

3. Victoria Sutton, Native American Exclusion as a Form of Paper Genocide, Law School Survey of Student Engagement (2020).

4. Jamie Baker, Michelle Hudson, & Jessica Panella, Developing AllStAR with Community Participation, AALL Spectrum (2020).

5. Richard Murphy, Federal Practice and Procedure,FPP (July 2020 Update).

6. Victoria Sutton, Asynchronous, E-Learning in Legal Education: A Comparative Study with the Traditional Classroom, Syracuse Law Review (2020).

7. Nancy Soonpaa, Six Fresh Ideas For A Class Day That Is Looking Stale, Second Draft (2020).

Op-Eds

1. Arnold Loewy & Charles Moster, It’s debatable: Penalize Parents Who Ignore Public Health Mandates and Put Children at Risk? Lubbock-Avalanche J. (Jul 12, 2020 at 12:01 am); available at https://www.lubbockonline.com/opinion/20200712/itrsquos-debatable-penalize-parents-who-ignore-public-health-mandates-and-put-children-at-risk.

Citations

1. Prof. Chiapinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro, is cited in the following article: Charles W. Rhodes, Cassandra Burke Robertson, A New State Registration Act: Legislating a Longer Arm for Personal Jurisdiction, 57 Harv. J. on Legis. 377 (2020).

2. Prof. James’ article No Help for the Helpless: How the Law Has Failed To Serve and Protect Persons Suffering from Alzheimer’s Disease is cited in the following article: Susan Greene, Through The Guardianship Looking Glass: A Personal Perspective on Conflicting Commitments, 28 Elder L.J. 1 (2020).

3. Prof. James’ article No Help for the Helpless: How the Law Has Failed To Serve and Protect Persons Suffering from Alzheimer’s Disease is cited in the following article: Nicole DiOrio, The State of Confusion: Resolving First- And Third-Person Liability Caused By Dementia Patients, 28 Elder L.J. 109 (2020).

4. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look”, is cited in the following article: John M. Golden, Judicial Policing of Patent Damages Experts, 98 Tex. L. Rev. 1307 (2020).

5. Prof. Benham’s article Tangled Incentives: Proportionality and the Market for Reputation Harm is cited in the following article: Jeffrey Steven Gordon, Silence for Sale, 71 Ala. L. Rev. 1109 (2020).

6. 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: TaQuira Thompson, Restoring Control: Get Those Lead Pipes Outta Here, 8 LSU J. Energy L. & Resources 703 (2020).

7. Prof. Murphy’s book Administrative Law and Practice is cited in the following article: John Patrick Hunt, Consent to Student Loan Bankruptcy Discharge, 95 Ind. L.J. 1137 (2020).

8. Prof. James’ article The African American Church, Political Activity, and Tax Exemption, is cited in the following article: Jonathan C. Augustine, A Theology of Welcome: Faith Based Considerations of Immigrants as Strangers in a Foreign Land, 19 Conn. Pub. Int. L.J. 245 (2020).

9. 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 § 5:2(c)(4)of the July update to the Iowa Practice Series, 16 IAPRAC § 5:2(c)(4) (July 2020 Update).

10. Prof. Chiapinelli’s article How Delaware’s Corporate Law Monopoly was Nearly Destroyed, is cited in the following article: Victoria Barnes, What Were Shareholder Rights in the Wake of the American Revolution?, 19 Fla. St. U. Bus. Rev. 131 (2020).

11. 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: Zachary Blair, Gubernatorial Impoundment: An Implied Solution for a Budgeting Challenge, 53 Colum. J.L. & Soc. Probs. 579 (2020).

12. Prof. Chiapinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro, is cited in the following article: Aaron D. Simowitz, Jurisdiction as Dialogue, 52 N.Y.U. J. Int’l L. & Pol. 485 (2020).

13. 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: Daisy Contreras, The End of “Sanctuary Cities” or The End of Separation of Powers?: An Analysis of the Executive Branch’s Misuse of the Spending Power to Crack Down on Sanctuary Cities, 52 Tex. Tech L. Rev. 847 (2020).

14. Prof. Huffman’s essay A Short Comparison of Military Leadership with Law School Leadership—More Similarities than Differences? is cited in the following speech: Lieutenant General Charles N. Pede, Remarks on Being a Good Lawyer, 52 Tex. Tech L. Rev. 837 (2020).

15. Prof. Casto’s book The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth is cited in the following article: Brian K. Leonard, Where Do We Go From Here: Obsolescence or Resurgence: An Analysis of the Continued Viability of the U.S. Supreme Court in Contemporary America, 12 Elon L. Rev. 362 (2020).

16. Prof. Brie Sherwin’s The Upside Down: A New Reality for Science at the EPA and its Impact on Environmental Justice is cited in the July 2020 update to Rodgers Environmental Law Second Edition Chapter 34, The Honest and Open New EPA Science Treatment Act of 2017 and the Attacks on Science: The Designed Destruction of the U.S. EPA, ENVIRLAW § 34:8 (2020).

17. 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 §31:6 of William H. Rogers Jr.’s Environmental Law, Second Edition (2020 Update).

18. Prof. Watts’ article A Confused Sea: Vicarious Liability for Punitive Damages under Maritime Law is cited in §5:10 of Thomas Schoenbaum’s Admiralty and Maritime Law (2020 Update).

News

1. Prof. Gerry W. Beyer’s posting on his Wills, Trusts, & Estates Prof Blog entitled Netflix sued over ‘Enola Holmes’ movie for copyright infringement by Sir Arthur Conan Doyle estate was named to the Top 10 on Texas Bar Today for the week of July 6, 2020. Prof. Beyer gives recognition to his assistant, Trevor Shoels, for his assistance in drafting this posting.

2. The United States Bankruptcy Court for the Southern District of Texas in In re Whitcomb, No. 17-31692, 2020 WL 3272731 (June 17, 2020), relied on Prof. Beyer’s research to explain how Texas law is designed to protect homesteads, citing 39 Aloysius A. Leopold & Gerry W. Beyer, Marital Property and Homesteads § 27.11 (2019).

June 2020 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, 2020.

Articles

1. Gerry W. Beyer, COVID-19 and the Estate Planner, Est. Plan. Dev. for Tex. Prof. (2020).

2. Gerry W. Beyer, Avoiding the Estate Planning “Blue Screen of Death” With Competent and Ethical Practices, TSBB22 Ali-Cle 85, (2020).

Quotes
1. Prof. Christopher is quoted and cited in the following article: Peter Nemerovski, Help Wanted: An Empirical Study of LRW Hiring, Legal Writing: J. Legal Writing Inst. 315 (2020).

2. Prof. Robert Sherwin is quoted and cited in the following article: Sydney Buckley, Getting Slapp Happy: Why The U.S. District Court For The District Of Kansas Should Adopt The Ninth Circuit’s Approach When Applying The Kansas Anti-Slapp Law, 68 U. Kan. L. Rev. 791 (2020).

Op-Ed
1. Arnold Loewy & Charles Moster, It’s debatable: Should Voting By Mail be Expanded in Light of the COVID-19 Pandemic?, Lubbock-Avalanche J. (June 28, 2020 at 12:01 am);
available at: https://www.lubbockonline.com/opinion/20200628/should-voting-by-mail-be-expanded-in-light-of-covid-19-pandemic

Citations

1. Prof. Beyer’s article Statutory Will Methodologies–Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence? is cited in the following article: Bridget J. Crawford, Blockchain Wills, 95 Ind. L.J. 735 (2020).

2. Prof. Murphy’s article Hunters for Administrative Common Law is cited in the following article: Hannah Cohen, When Will Asylum Law Protect Women?: The Abusive Relationship Between Agency Decision Making and Asylum Claims Involving Domestic Violence, 61 B.C. L. Rev. 1855 (2020).

3. Prof. Beyer’s article The Fine Art of Intimidating Disgruntled Beneficiaries With In Terrorem Clauses is cited in the following law review article: Evan J. Shaheen, In Terrorem Clauses: Broad, Narrow, or Both?, 95 Notre Dame L. Rev. 1763 (2020).

4. Prof. Murphy’s work Modern Arbitrariness Review–Start Farm Synthesis is cited in the following article: Cormac M. Bloomfield, The Endangered Species Act and Delisting Distinct Population Segments: Antithetical to the Statute or Permissible with Guidance?, 30 Duke Envtl. L. & Pol’y F.317 (2020).

5. 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: Eric J. Segall, Adam Feldman, The Elite Teaching The Elite: Who Gets Hired By The Top Law Schools?, 68 J. Legal Educ. 614 (2019).

6. Prof. Christopher’s article The Bridging Model: Exploring The Roles of Trust and Enforcement in Banking, Bitcoin, and the Blockchain is cited in the following article: Christopher Lloyd, The Privacy Revolution Begins: Did Carpenter Just Give Bitcoin Users a Chance to Strike Down the Bank Secrecy Act?, 88 Geo. Wash. L. Rev. 204 (2020).

7. Prof. Loewy’s article Protecting Citizens from Cops and Crooks: An Assessment of the Supreme Court’s Interpretation of the Fourth Amendment During the 1982 Term is cited in the following article: Cynthia Lee, Probable Cause With Teeth, 88 Geo. Wash. L. Rev. 269 (2020).

8. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in the following article: Charles W. Rhodes & Cassandra Burke Robertson: A New State Registration Act: Legislating A Longer Arm for Personal Jurisdiction, 57 Harv. J. on Legis. 377 (2020).

9. Prof. Shannon’s article Debarment and Suspension Revisited: Fewer Eggs in the Basket? is cited in the following work: Robert F. Meunier, Trevor B. A. Nelson, Commentary And Proposed Unified Suspension And Debarment Rule For Procurement And Nonprocurement Activities, 49 Pub. Cont. L.J. 243 (2020).

10. Prof. Gossett’s article The Client: How States Are Profiting from the Child’s Right to Protection is cited in the following article: Maggie Wong Cockayne, Foster to Adopt: Pipeline to Failure and the Need for Concurrent Planning Reform, 60 Santa Clara L. Rev. 151 (2020).

11. Prof. Christopher’s article Putting Legal Writing on The Tenure Track: One School’s Experience is cited in the following article: Rachel Arnow-Richman, Integrated Learning, Integrated Faculty, 92 Temp. L. Rev. 745 (2020).

12. Prof. Christopher’s article Putting Legal Writing on The Tenure Track: One School’s Experience is cited in the following article: Cody J. Jacobs, The “Other” Market, 92 Temp. L. Rev. 765 (2020).

13. Prof. Beyer’s book Wills, Trusts, and Estates: Examples and Explanations is cited in the following article: Eva Saulnier, Disinheriting Your Children: A “Non” “Non” In France; An Accepted Use Of Testamentary Freedom In America, 52 Case W. Res. J. Int’l L. 669 (2020).

14. 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: Todd B. Adams, Using Game Theory To Better Understand The Role Of The U.S. Supreme Court In The Catastrophe That Befell American Indians In Georgia, 46 Ohio N.U. L. Rev. 331 (2020).

15. Prof. Loewy’s article Arnold Loewy, Ernesto Miranda, Earl Warren, And Donald Trump: Confessions and the Fifth Amendment is cited in the following article: Michael Vitiello The Warren Court’s Eyewitness Identification Case Law: What If?, 51 U. Pac. L. Rev. 867 (2020).

16. Prof. Loewy’s article Arnold Loewy, Ernesto Miranda, Earl Warren, And Donald Trump: Confessions and the Fifth Amendment is cited in the following article: Michael Vitiello, Introducing the Warren Court’s Criminal Procedure Revolution: A 50-Year Retrospective, 51 U. Pac. L. Rev. 621 (2020).

17. Prof. Gonzalez’s article A Tale of Two Waivers: Waiver of the Jury Waiver Defense under the Federal Rules of Civil Procedure is cited in the following article: Susan E. Provenzano, Brian N. Larson, Civil Procedure As A Critical Discussion, 20 Nev. L.J. 967 (2020).

18. Prof. Henry’s article The General Motors Recalls at the Dangerous Intersection of Chapter 11, Article 9 and TARP is cited in the following article: Timothy R. Zinnecker, Nine Questions For The Article 9 Professor, 64 St. Louis U. L.J. 311 (2020).

19. 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: David L. Hudson, Jr., Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, 69 Am. U. L. Rev. 1541 (2020).

20. Prof. Beyer’s blog post titled Standby Guardianships on his Wills, Trusts, & Estates Prof Blog is cited in the following article: Joshua S. Rubenstein, Standby Guardianship Legislation Summer 2019, 12 Est. Plan. & Community Prop. L.J. 287 (2020).

21. Prof. Beyer’s supplement to Texas Practice: Marital Property and Homesteads is cited in the following article: Avery Rios, Divorce Destroys The Community: An Examination Of The “Texas Method” Community Property Principles Upon Divorce And Its Effects On Informal Marriage, 12 Est. Plan. & Community Prop. L.J. 437 (2020).

22. Prof. Beyer’s book Texas Practice Series: Law Of Wills (4th Ed. 2019) is cited in the following article: Katherine C. Akinc , Austin, Brink Bennett Flaherty Golden, Inside The Mind Of A Trustee: The Importance Of Understanding A Trustee’s Perspective, 12 Est. Plan. & Community Prop. L.J. 185 (2020).

News

1. On June 3, 2020, Prof. Beyer spoke at the 44th Annual Advanced Estate Planning & Probate Course sponsored by the State Bar of Texas, delivering it entirely online to an audience of 400 Texas attorneys. He discussed recent judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters, and his article, Case Law Update, accompanied his presentation.

2. On June 3, 2020, Prof. Humphrey was featured in a Texas Tech news release that detailed her commitment to education and her students. The interview is titled Professor Combines Passions for Law, Education to Benefit Students.

3. Prof. Beyer’s posting on his Wills, Trusts, & Estates Prof Blog titled Dog ‘ate the will’ case headed to trial was named to Top 10 on Texas Bar Today for the week of June 8, 2020. Prof. Beyer gives recognition to his assistant, Trevor Shoels, for his assistance in drafting this posting.

4. On June 26, 2020, Prof. Beyer spoke at the American Law Institute Continuing Legal Education’s Estate Planning in Depth program. His hour-long live-streamed presentation was titled Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices. His paper with the same title was distributed to all attendees.

5. Prof. Beyer was recently mentioned in Hunter, Jr. v. Hunter, as Trustee of Third Amended and Restated Theresa E. Hunter Revocable Living Trust, 838 S.E.2d 721, 724 (Va. 2020) (citing Gerry W. Beyer et al., The Fine Art of Intimidating Disgruntled Beneficiaries with In Terrorem Clauses, 51 SMU L. Rev. 225, 231 (1998) for historical research of Mesopotamian wills using forerunner of in terrorem provisions and tenth-century and eleventh-century English wills warning the contester of the “torment of hell” and the “Day of Judgment”).