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.

May 2021 Law Faculty Publications & News

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

Articles, Essays, Reviews, and Publications

1. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., May/June 2021, at 34.

2. Richard W. Murphy, The DIY Unitary Executive, 63 Ariz. L. Rev. 439 (2021).

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

4. Brie Sherwin, Anatomy of a Conspiracy Theory: Law, Politics, and Science Denialism in the Era of COVID-19, 8 Tex. A&M L. Rev. 537 (2021).

5. Jarod S. Gonzalez, Stop Before It Starts: Regulating Employee Microchipping in the COVID-19 Era, 90 Miss. L.J. 1 (2021).

Op-Eds

1. Prof. Loewy, It’s Debatable: How Much Power should FCC Have Over Programming, Lubbock Avalanche-Journal (May 3, 2021; 3:00pm) https://www.lubbockonline.com/story/opinion/2021/05/03/its-debatable-how-much-power-should-fcc-have-over-programming/7399717002/

2. Prof. Loewy, It’s Debatable: Does America Really Need Political Parties?, Lubbock Avalanche-Journal (May 23, 2021; 3:00am) https://www.lubbockonline.com/story/opinion/2021/05/23/its-debatable-does-america-really-need-political-parties/5163890001/

Citations

1. Prof. Murphy’s book Administrative Law & Practiceis cited in the following article: Alexander I. Platt, Is Administrative Summary Judgment Unlawful, 44 Harv. J.L. & Pub. Pol’y 239 (2021).

2. Prof. Murphy’s book Administrative Law & Practiceis cited in the following article: Daniel B. Rodriguez, Whither the Neutral Agency? Rethinking Bias in Regulatory Administration, 69 Buff. L. Rev. 375 (2021).

3. 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: Khiara M. Bridges, Beyond Torts: Reproductive Wrongs and the State: Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law, 121 Colum. L. Rev. 1017 (2021).

4. Prof. Murphy’s article Eight Things Americans Can’t Figure Out About Controlling Administrative Power is cited in the following article: Ronald A. Cass, Rulemaking Then And Now: From Management to Lawmaking, 28 Geo. Mason L. Rev. 683 (2021).

5. Prof. Murphy’s article Judicial Deference, Agency Commitment, and Force of Law is cited in the following article: Michael S. Greve, Why We Need Federal Administrative Courts, 28 Geo. Mason L. Rev. 765 (2021).

6. Prof. James’ article The African-American Church, Political Activity, and Tax Exemption is cited in the following article: Jonathan C. Augustine, And When Does The Black Church Get Political? Responding in the Era of Trump and Making the Black Church Great Again, 17 Hastings Race & Poverty L. J. 87 (2021).

7. Prof. Loewy’s articles Taking Bakke Seriously: Distinguishing Diversity from Affirmative Action in the Law School Admissions Process and Religious Neutrality and the Death Penalty are cited in §§ 18.10(a)(i) & 21.1(a) of the Treatise on Constitutional Law- Substance & Procedure (May 2021 Update).

8. Prof. Murphy’s book Administrative Law & Practice is cited in the following article: Jarrett Faber, Kisor v. Wilkie as a Limit on Auer Deference in the Sentencing Context, 70 Emory L. J. 905 (2021).

9. Prof. Camp’s article New Thinking About Jurisdictional Time Periods in the Tax Code is cited in the following U.S. Senate Subcommittee Hearing: Subcommittee on Taxation and IRS Oversight, Closing the Tax Gap: Lost Revenue from Noncompliance and the Role of Offshore Tax Evasion (May 11, 2021; 2:30pm).

10. Prof. Soonpa’s article Stress in Law Students: A Comparative Study of First-Year, Second-Year, and Third-Year Students is cited in the following article: Lindsey P. Gustafson, Reflections on Five Years of Team Based Learning in First Year Property, 66 S.D. L. Rev. 29 (2021).

11. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited in the following article: Jessie W. Burchfield, Tomorrow’s Law Libraries: Academic Law Librarians Forging the Way to the Future in the New World of Legal Education, 113 Law Libr. J. 5 (2021).

12. 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: Thomas H. Lee, Article IX, Article III, And the First Congress: The Original Constitutional Plan for the Federal Courts, 89 Fordham L. Rev. 1895 (2021).

13. Prof. Outenreath’s article Cheers! Ending Quill… What Can be Learned from the Wine Industry is cited in the following article: Elena M. Peters, Jurisdiction to Tax is not Jurisdiction At All: Understanding Jurisdiction’s Jargon in Light of South Dakota v. Wayfair, Inc., 89 Miss L.J. 715 (2021).

14. Prof. Camp’s blog posts More on the Successful Challenge to the Anti-Inversion Regulations and Tax Exceptionalism Lives? are cited in the following article: Casey N. Epstein, Standing Up for the Treasury: Applying the Procedural Standing Analysis to Post-Mayo, Pre-Enforcement APA Treasury Challenges, 105 Minn. L. Rev. 1947 (2021).

15. Prof. Baker’s article A Legal Research Odyssey: Artificial Intelligence as a Disruptor is cited in the following article: Dyane L. O’Leary, “Smart” Lawyering: Integrating Technology Competence into the Legal Practice Curriculum, 19 U.N.H. L. Rev. 197 (2021).

16. Prof. Chiappinelli’s article Red October: It’s Origins, Consequences, and the Need to Revive the National Market System is cited in §§ 1:76 & 14:18 of the Treatise on Law of Securities Regulation (May 2021 Update).

17. 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).

18. Prof. Casto’s articles Advising Presidents: Robert Jackson and the Destroyers-for-Bases Deal, Foreign Affairs and the Constitution in the Age of Fighting Sail, The Early Supreme Court Justices’ Most Significant Opinion, and The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth are cited in the following article: Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74 Vand. L. Rev. 621 (2021).

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

Quotes

1. Prof. Rosen is quoted in the following article: Shannon Najmabadi, Lubbock Votes to Become the State’s Largest “Sanctuary City for the Unborn”, Texas Tribune, (May 1, 2021; 10:00p), available at https://www.texastribune.org/2021/05/01/lubbock-abortion-vote-sanctuary-unborn/.

2. Prof. Rosen is quoted in the following article: Austin Voters Appear Poised to Reinstate City’s Ban on Public Homeless Encampments in One of Seven Local Texas Elections, Longview News Journal, (May 1, 2021), available at: https://www.news-journal.com/austin-voters-appear-poised-to-reinstate-city-s-ban-on-public-homeless-encampments-in-one/article_6ba832e6-aaf4-11eb-8ce3-bb3ff5577fb3.html.

3. Prof. Camp is quoted in the following article: Rebecca M. Morrow, Taxing Employers for Imposing Mandatory Arbitration, Class Action Waiver, and Nondisclosure of Dispute Provisions, 74 SMU L. Rev. 59 (2021).

News

1. On May 7, 2021, Prof. Beyer was a guest speaker at the first in-person meeting since March 2020 of the Financial Planning Association of Greater Indiana in Fishers, Indiana, a suburb of Indianapolis. His topic and accompanying paper were entitled Your Pleasure or Business Cannabis Client: It’s High Time Estate Planners Know What to Do.

2. Prof. Beyer was selected as the speaker for a virtual three hour CLE program sponsored by the Estate Planning Council of Northern Nevada, hosted on May 20, 2021. His presentations and accompanying articles were as follows: Anticipating Will Contests and How to Avoid Them, and State Law Pitfalls: Don’t Step In It When Your Client Steps Across State Lines.

3. On May 25, 2021, Prof. Beyer was the virtual speaker for a meeting of the Probate Section of the Houston Bar Assocation. His presentation and accompanying article discussed recent Texas judicial developments in intestate succession, wills, estate administration, trusts, and other estate planning matters. His presentation is available here: https://www.youtube.com/watch?v=8BDrhsHosIY.

4. Prof. Beyer travelled to Corpus Christi, Texas to make eight one-hour presentations for the 2021 Probate Academy to hundreds of judges and clerks sponsored by the Texas Association of Counties on May 12 and 13, 2021. His presentations to Constitutional County Court Judges included Overview of the Probate Process, Legislative Update, Self-Help Testators—Holographic Wills, Codicils, and Other Do-it-Yourself Issues, Declaratory Judgments in Probate, The Bank Account—Probate Interface, and Judicial Update – A Review of Recent Appellate Court Cases. His presentations to County Clerks included Overview of the Probate Process, and Legislative Update.

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.