Author: fjhinojosa

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, 2024.

Publications

1. Prof. Gerry W. Beyer, The Viability of Inserting Descriptive Photos in Wills: A Picture is Worth a Thousand Words, 38-APR Prob. & Prop. 26 (2024).
   
2. Prof. Brian D. Shannon, A Brief History of the Texas Insanity Defense, 13 J. TEX. S.CT. HIST’L SOC. 27-37 (Winter 2024).
   
3. Prof. Victoria Sutton wrote an article on a recent 9th Cir. En banc opinion.
   
4. Prof. Gerry W. Beyer, REAL PROPERTY (13, 14, & 15 West’s Texas Forms 2nd ed. 2024 Supp.).
   
5. Prof. Ashley Arrington, “Purposefully Vague” or Problematic? Why Lawyers Must Define the Duty of Tech Competence, 20 U. St. Thomas L.J. 218 (2024).

Citations

1. Prof. William R. Casto’s article Robert Jackson’s Critique of Trump v. Hawaii was cited in the following article: Seth Barrett Tillman, What Court (If Any) Decided Ex Parte Merryman?—A Correction for Justice Sotomayer (and Others), 13 Brit. J. Am. Legal Stud. 43 (2024).
   
2. Prof. Geoffrey S. Corn’s article Should the Best Offense Ever Be a Good Defense? The Public Authority to Use Force in Military Operations: Recalibrating the Use of Force Rules in the Standing Rules of Engagement was cited in the following article: Dan Maurer, Congress and the Operational Disciplining of the Use of Armed Force: Are Rules of Engagement within the Preclusive Core of the President’s War Powers?, 84 Ohio St. L.J. 1393 (2024).
   
3. Prof. Geoffrey S. Corn’s article Strengthening American War Crimes Accountability was cited in the following article: Rachel E. VanLandingham, Courtroom as War Crim: Ukraine’s Military Justice Struggle, 84 Ohio St. L.J. 1297 (2024).
   
4. Prof. Geoffrey S. Corn’s article Environmental Law in Military Operations was cited in the following article: Mark Nevitt, Environmental War, Climate Security, and the Russia-Ukraine Crisis, 84 Ohio St. L.J. 1359 (2024).
   
5. Prof. Dustin Benham’s article Foundational and Contemporary Court Confidentiality was cited in the following article: Kevin Mahoney, Countering Secrecy, 60-APR Trial 28 (2024).
   
6. Prof. Bryan T. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act was cited in the following article: Susan C. Morse, Old Regs: The Default Six-Year Time Bar for Administrative Procedure Claims, 31 Geo. Mason L. Rev. 191 (2024).
   
7. Prof. Stephen T. Black’s Article Cyberdamages was cited in the following article: Austin L. Hendrick, Redefining the Injury-In-Fact: Treating Personally Identifying Information as Bailed Property, 58 Ga. L. Rev. 871 (2024).
   
8. Prof. Richard W. Murphy’s article Enhancing the Role of Public Interest Organizations in Rulemaking via Pre-Notice Transparency was cited in the following article: Stavros Gadinis & Chris Havasy, The Quest for Legitimacy: A Public Law Blueprint for Corporate Governance, 57 U.C. Davis L. Rev. 1581 (2024).
   
9. Prof. Geoffrey S. Corn’s article Imputed Liability for Supervising Prosecutors: Applying the Military Doctrine of Command Responsibility to Reduce Prosecutorial Misconduct was cited in the following article: Perry Moriearty, et.al., Race, Racial Bias, and Imputed Liability Murder, 51 Fordham Urb. L.J. 675 (2024).
   
10. Prof. Richard D. Rosen’s article Deterring Pre-Viability Abortions in Texas Through Private Lawsuits was cited in the following article: Milan Markovic, Charging Abortion, 92 Fordham L. Rev. 1519 (2024).
    
11. Prof. Richard W. Murphy’s article Administrative Law as a Legal Discipline was cited in the following article: Seth W. Berger, Setting Reasonable and Proportional Credit Crad Late Fees: Easier Said Than Done, 28 N.C. Banking Inst. 203 (2024).
    
12. Prof. Jamie Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society was cited in the following article: Drew Simshaw, Technology Competence as a Compass for Helping to Close the Justice Gap, 20 U. St. Thomas L.J. 129 (2024).
    
13. Prof. Jamie Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society was cited in the following article: Peter A. Hook, Developing Data Fluent Lawyers by Teaching Litigation Analytics, 20 U. St. Thomas L.J. 295 (2024).
    
14. Prof. Jamie Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society Amy A. Emerson, A Threshold Assessment: Is Technology Among the Competencies Tested by the MPRE?, 20 U. St. Thomas L.J. 129 (2024).
    
15. Prof. Jamie Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society was cited in the following article: Jennifer A. Brobst, The Lawyer’s Duty to Understand the Disparate Impact of Technology in the Legal Profession, 20 U. St. Thomas L.J. 129 (2024).
    
16. Prof. Jamie Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society was cited in the following article: Iantha Haight, A Rubric for Analyzing Legal Technology Using Benefit/Risk Pairs, 20 U. St. Thomas L.J. 129 (2024).
    
17. Prof. Ashley Arrington’s article “Purposefully Vague” or Problematic? Why Lawyers Must Define the Duty of Tech Competence was cited in the following article: Michael Robak, An Introduction to a Roadmap for Law School Modernity: Teaching Technology Competence, 20 U. St. Thomas L.J. 129 (2024).

Notes

1. The Texas Coalition to Abolish the Death Penalty presented an Appreciation Award to Horn Distinguished Professor Brian Shannon in Fort Worth on March 2 for his assistance in two death penalty cases in which the defendants are seriously mentally ill and incompetent to be executed.
   
2. On March 8, 2024, Prof. Gerry W. Beyer was a co-presenter for the Symposium entitled A Hitchhiker’s Guide to AI at the Annual Meeting of the American College of Trust and Estate Counsel in Phoenix, Arizona. To a crowd of over 400 estate planning attorneys, Prof. Beyer and his co-presenters explained the impact of AI on the estate planning practice. Prof. Beyer’s segment focused on the ethical considerations that arise when using AI.
   
3. Prof. Ashley Arrington presented Will the NextGen Bar Truly Test Lawyering Skills? An Evaluation at the Rocky Mountain Legal Writing Conference on March 9.
   
4. Prof. Gerry W. Beyer’s podcast entitled A Discussion of Ante-Mortem Probate, a process of validating the will of a living person available in some states, was released as the March 19, 2024 issue of the American College of Trust and Estate Counsel’s Trust and Estate Talk.

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 29th, 2024.

Publications

1. Prof. Brian Shannon, Model Legal Processes for Court Ordered Mental Health Treatment – A Modern Approach, has been published at 18 FIU L. Rev. 113-50 (2023). 
2. Prof. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 62-1 REPTL Rep. 5 (2024).
3. Prof. Gerry W. Beyer, Wills & Trusts, 9 SMU Ann. Tex. Surv. 393 (2023).
4. Prof. Gerry W. Beyer & Kerri Nipp, Estate Planning for Cyber Property – Electronic Communications, Cryptocurrency, Non-Fungible Tokens, and the Metaverse, 16 Est. Plan. & Comm. Prop. L.J. 1 (2023).
5. Prof. Sally M. Henry, Bankruptcy & Commercial Law, 9 SMU Ann Tex. Surv. 1 (2023).
6. Prof. Geoffrey S. Corn, Attack Decisions: Expanding the Aperture of Accountability, 56 Tex. Tech L. Rev. 15 (2023).
7. Prof. Brittany Morris, Law Libraries’ Role in Technical Competence and the Effects of COVID-19, 116 Law Libr. J. 95(2024).
8. Prof. Brian D. Shannon, A Brief History of the Texas Insanity Defense, 13 J. Tex. Sup. Court Hist. Society 2 (2024).
9. Prof. Victoria Sutton, A Chance to Right Wrongs, unintended consequences (Feb. 18, 2024). A Chance to Right Wrongs – by Prof. Victoria Sutton (substack.com).
10. Prof. Richard W. Murphy, Administrative Law and Practice, 2 Admin. L. & Prac. (3d ed.).
11. Prof. Gerry W. Beyer, A woman in China has decided leave her $2.8m fortune to her dogs and cats and nothing to her children, says report, Wills, Trusts & Estate ProfBlog (Feb. 27, 2024).

Citations

1. Professor Richard W. Murphy’s publication A Guide to Judicial and Political Review of Federal Agencies was cited in the following article: Thomas E. Baker, A Survey of the Literature on Federal Appellate Practice and Procedure, 18 FUI L. Rev. 43 (2023).
2. Prof. Gerry W. Beyer’s article Max’s Taxes: A Tax-Based Analysis of Pet Trusts was cited in the following article: Charles E. Rounds, Even a pet-trust instrument needs to be free of ambiguities and unaddressed contingencies, JDSupra (Feb, 5, 2024). Even a pet-trust instrument needs to be free of ambiguities and unaddressed contingencies | Charles E. Rounds, Jr. – Suffolk University Law School – JDSupra
3. Prof. Richard W. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State was cited in the following article: Pauline Trouillard, The Myth of Scarcity in the Broadcasting Sector-And What It Means For Platform Regulation, 22 Colo. Tech. L.J. 121 (2023).
4. Prof. Richard W. Murphy’s article Judicial Deference, Agency Commitment, and Force of Law was cited in the following article: Richard L. Jolly, The Administrative State’s Jury Problem, 98 Wash. L. Rev. (2023).
5. Prof. Geoffrey S. Corn’s article Triggering Congressional War Powers Notification: A Proposal to Reconcile Constitutional Practice with Operational Reality was cited in the following publication: Jill Gustafson, American Jurisprudence, 2d War § 11 (2024).
6. Prof. Richard W. Murphy’s article The Limits of Legislative Control over the “Hard Look”  was cited in the following article: Cade Mallett, Judicial Deference to Agency Action Based on AI, 32 Cath. U. J. L. & Tech. 37 (2023).
7. Prof. William R. Casto’s article The Federal Courts’ Protective Jurisdiction over Torts Committed in Violation of the Law of Nations was cited in the following article: John Mikhail, The Path of the Prerogatives, 63 Am. J. Legal Hist. 196 (2023).
8. Prof. Gerry W. Beyer’s Article Digital Assets: The Basics of Cyberspace Estate Planning was cited in the following article: Vladimir Troutsky, Unclaimed (Unowned) Digital Assets: Addressing the Legal Implications of Absent or Unknown Ownership, 16 Elon. L. Rev. 221 (2024).
9. Prof. Geoffrey S. Corn’s article Military Justice Reform: The ‘Be Careful What You Ask For’ Act was cited in the following article: Dan Maurer, Sovereign, Employer, Community: A Theory of Military Justice Beyond Discipline, Obedience, and Efficiency, 107 Marq. L. Rev. 399 (2023).
10. Prof. Gerry W. Beyer’s article The Fine Art of Intimidating Disgruntled Beneficiaries with In terrorem Clauses was cited in the following article: Mary F. Radford, Wills, Trusts, Guardianships, and Fiduciary Administration, 75 Mercer L. Rev. 359 (2023).
11. Prof. Richard W. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” was cited in the following article: Oren Tamir, Beyond the Binary: Toward a New Global Model of Constitutional Rights Adjudication, 41 Berkeley J. Int’l L. 198 (2023).
12. Prof. Gerry W. Beyer’s article Pay to the Order of Whom?—The Case of the Ambiguous Multiple Payee Designationwas cited in the following publication: Illinois Practice Series, § 5/3-110 (Feb. Update).
13. Prof. Nancy J. Soonpaa’s article Using Composition Theory and Scholarship to Teach Legal Writing More Effectively was cited in the following article: Carolyn V. Williams, Bracing For Impact: Revising Legal Writing Assessments Ahead of the Collision of Generative AI and the NextGen Bar Exam, 28 Legal Writing 1 (2024).
14. Prof. Geoffrey S. Corn’s article Mixing Apples and Hand Grenades: The Logical Limit of Applying Human Rights Norms to Armed Conflict was cited in the following article: Daniel D. Maurer, Meta-Law of Armed Conflict Principles, 56 Tex. Tech L. Rev. 113 (2023).
15. Prof. Geoffrey S. Corn’s article The Law in War: A Concise Overview was cited in the following article: Kenneth Watkin, Misuse of Uniforms, Emblems, Flags, Insignia, and the Ukraine Conflict, 56 Tex. Tech L. Rev. 213 (2023).
16. Prof. Geoffrey S. Corn’s article Contemplating the Ture Nature of the Notion of “Responsibility” in Responsible Command was cited in the following article: Rachel E. VanLandingham, Military Justice for War Crimes is Not Justice, 56 Tex. Tech L. Rev. 185 (2023).
17. Prof. Geoffrey S. Corn’s article Regulating Hostilities in Non-International Armed Conflicts: Thoughts on Bridging the Divide Between the Tadic Aspiration and Conflict Realities was cited in the following article: Magdalena Pacholska, “Neither Criminal Nor Civil”: Russian State Responsibility For Conduct of Hostilities Violations in Ukraine, 56 Tex. Tech L. Rev. 151 (2023).
18. Prof. Gerry W. Beyer’s article Intestate Succession What Every Texas Estate Planner Needs to Know was cited in the following article: Bradford E. Yock, Forced Ownership: Enough to Make a Texas “Laughing Heir” Cry, 16 Est. Plan. & Community Prop. L.J. 165 (2023).
19. Prof. Patrick S. Metze’s article Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial was cited in the following article: AJ Fitzgerald, Winning By Foreit?: A Discussion of North Carolina’s Forfeiture of the Right to Counsel Sanction and Mentally Ill Defendants, 14 Wake Forest J.L. & Pol’y 85 (2024).
20. Prof. Richard W. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” was cited in the following article: James J. Burke, Pest or Guest, Friend or Foe? Reframing the “Hard Look” Doctrine’s Role in Environmental Pesticide Policy, 35 Vill. Env’l L.J. 95 (2024).
21. Prof. Jamie J. Baker’s article A Legal Research Odyssey: Artificial Intelligence as Disruptor was cited in the following article: Jennifier Elisa Chapman, Teaching Critical Use of Legal Research, 28 J. Legal Writing Inst. (2024).
22. Prof. Dajiang Nie’s article Pedagogy in Introduction to Law Librarianship was cited in the following article: Jennifer Elisa Chapman, Teaching Critical Use of Legal Research, 18 J. Legal Writing Inst. 123 (2024).
23. Prof. Bryan T. Camp’s article The Failure of Adversarial Process in the Administrative State was cited in the following publication: Richard W. Murphy, Administrative Law and Practice, 1 Admin. L. & Prac. § 2:13 (3d ed.).

Notes

1. On December 12, 2023, the Supreme Court of Texas and the Texas Court of Criminals Appeals reappointed Horn Distinguished Professor Brian Shannon to a third term to the Texas Judicial Commission on Mental Health. Commissioners include judges at all levels of the judiciary, attorneys, legislators, mental health experts, and advocates. The new appointment is for a term of three years, effective January 1, 2024.
2. Prof. Gerry W. Beyer appeared in several news segments on WFAA, the Dallas ABC television affiliate, discussing the importance of having a will and other estate planning documents. The entire interview entitled Explaining how to set up a will with legal expert Gerry Beyer from which the news segments were drawn is available on WFAA’s YouTube page.
3. Prof. Gerry W. Beyer traveled to San Antonio where he spoke at the Estate Planning, Probate and Guardianship Seminar Docket Call in Probate Court on February 16, 2024. To an audience of over 200 estate planning professionals, Prof. Beyer presented his paper entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.
4. Professor Alyson Outenreath was invited to serve on the CLE planning committee for the State Bar of Texas Tax Section’s Advanced Tax Law Course.
5. Prof. Eric A. Chiappinelli was invited to serve on the Members Consultative Group for the Restatement (Third) Of Agency Members.
6. On February 23, 2024, Prof. Gerry W. Beyer was a speaker at the Estate Planning & Community Property Law Journal’s 16^th Annual CLE and Expo which had an attendance of over 110 in-person and 275 on-line attorneys and other estate planning professionals, as well as Tech Law students. His topic and accompanying article were entitled Case Law Update in which he critiqued recent judicial developments in the areas of intestate succession, wills, estate administration, trusts, and related estate planning issues.

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, 2024.

Publications  

1. Prof. Gerry W. Beyer, Estate Planning and Probate Law, 86 TEX. B.J. 903 (2023). 

2. Prof. Gerry W. Beyer, TEXAS LAW OF WILLS (9 & 10 Tex. Prac., 2023-2024 ed.). 

3. Prof. Gerry W. Beyer, Modern Dictionary for the Legal Profession (5th ed. 2024 Supp.). 

4. Prof. Gerry W. Beyer, ed., Keeping Current—Probate, PROB. & PROP., Jan./Feb. 2024, at 24. 

5. Prof. Gerry W. Beyer, MARITAL PROPERTY AND HOMESTEADS (38 & 39 Tex. Prac., 2023-2024 Supp.). 

6. Prof. Gerry W. Beyer, REAL ESTATE TRANSACTIONS – RESIDENTIAL REAL ESTATE (19 & 19A West’s Legal Forms, 2023-2024 Supp.) 

7. Prof. Gerry W. Beyer, PROBATE AND DECEDENTS’ ESTATES (17 & 18 Tex. Prac. 2024 Supp.). 

Citations  

1. Prof. Gerry W. Beyer’s publication Modern Dictionary for the Legal Profession was cited in the following publication: Lye Lin-Heng, Kirk W. Junker, et. al., Comparative Environmental Law and Regulation, § 46:20 (Dec. 2023).  

2. Prof. Geoffrey S. Corn’s publication The Law In War, A Concise Overview was cited in the following publication: Frederick M. Lorenz, The Crime of Aggression: A Response to the Maryland Journal of International Law’s Symposium Keynote Address, 38 Md. J. Int’l L. 69 (2023).  

3. Prof. Geoffrey S. Corn’s article Targeting and Civilian Risk Mitigation: The Essential Role of Precautionary Measures was cited in the following article: Laurie R. Blank, The Sixteenth Waldemar A. Solf and Marc L. Warren Chair Lecture in National Security Law: Law of Armed Conflict in the Dark, 231 Mil. L. Rev. 147 (2023).  

4. Prof. Geoffrey S. Corn’s article Military Justice Reform: The ‘Be Careful What You Ask For’ Act was cite din the following article: David A. Schlueter & Lisa Schneck, Transforming Military Justice: The 2022 and 2023 National Defense Authorization Acts, 231 Mil. L. Rev. 1 (2023).  

5. Prof. Geoffrey S. Corn’s article Wounded Combatants, Military Medical Personnel, and the Dilemma of Collateral Risk, Michael N. Schmitt, Naval War College Situations, Conflict in Gregoria and Tanaka: The Law of Targeting, 103 Int’l L. Stud. 1 (2024).  

6. Prof. Geoffrey S. Corn’s article Losing the Forest for the Trees: Syria, Law, and Pragmatics of Conflict Recognition was cited in the following article: Cody Corliss, Digital Terror Crimes, 62 Colum. J, Transnat’l L. 58 (2023).  

7. Prof. Jorge A. Ramirez’s article Adaptation to Future Water Shortages in the United States Caused by Population Growth and Climate Change was cited in the following article: Jack Zarin-Rosenfeld, Water Bankruptcy Through the Bankruptcy Code, 57 U.C. Davis L. Rev. 1435 (2023).  

8. Prof. Richard W. Murphy’s article Judicial Deference, Agency Commitment, and Force of Law was cited in the following article: Richard L. Jolly, The Administrative State’s Jury Problem, 98 Wash. L. Rev. 4 (2023).  

9. Prof. John Watts’ article Tyranny by Proxy: State Action and the Private Use of Deadly Force was cited in the following article: Maryam Jamshidi, How Private Actors are Impacting U.S. Economic Sanctions, 15 Harv. Nat’l Sec. J. 119 (2023).  

10. Prof. Richard W. Murphy’s article Punitive Damages, Explanatory Verdict, and the Hard Look was cited in the following publication: Kein F. O’Malley, Jay E. Grenig, et. al., Federal Jury Practice and Instructions, 1 Fed. Jury Prac. & Instr. § 8:8 (6th ed.).  

11. Prof. Larry Spain’s article Considerations for Mediation and Alternative Dispute was cited in the following article: Mary B. Culbert, Proposal: A New Unified Canon of Mediator Ethics, 39 Ohio St. J. on Disp. Reso. 1 (2023).  

Quotations  

1. Prof. Geoffrey S. Corn was quoted in the following article: Alex Wilson, Navy secretary denies Alkonis’ promotion; military legal experts say discharge may be next, Stars and Stripes (Jan. 24, 2024).  

Notes  

1. Prof. Beyer’s Podcast, “AI and Trust and Estate Law: The Future Is Here to Stay,” published by the American College of Trust and Estate Counsel Foundation. 

2. Prof. Geoffrey S. Corn participated in an interview with States News Service. You can find the interview here: UNPACKING SOUTH AFRICA’S BASELESS GENOCIDE CHARGE AGAINST ISRAEL | Business Information & News | FE | Westlaw Precision 

3. On January 18, 2024, Prof. Gerry W. Beyer was the guest speaker for the South Plains Trust and Estate Council. His topic was How AI Will Impact the Estate Planning Practice. 

4. Prof. Sally Henry wrote a profile of the chief bankruptcy judge of the S.D.N.Y. that will appear in the January issue of the Federal Lawyer, the publication of the Federal Bar Association. 

5. Prof. Gerry W. Beyer was recently appointed to the American College of Trust and Estate Counsel’s Direct Education Subcommittee of ACTEC’s Long-Range Planning Committee. As a member of this subcommittee, Prof. Beyer will work toward providing direct education in trusts and estates related subjects to law students and lawyers in practice.