April 2019 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, 2019.

Books & Treatises

1. GERRY W.BEYER, 13-15 WEST’S TEXAS FORMS – REAL PROPERTY (2019 Supps.).

Articles

1. Brie Sherwin, After the Storm: The Importance of Acknowledging Environmental Justice in Sustainable Development and Disaster Preparedness, 29-2 DUKE ENV. L. & POL’Y F. 273 (2019).

Op-Ed

1. Arnold Loewy & Charles Moster, It’s debatable: How should Supreme Court rule on large cross in public traffic circle?, LUBBOCK AVALANCHE-J. (April 14, 2019 at 1:01 a.m.), https://www.lubbockonline.com/news/20190414/its-debatable-how-should-supreme-court-rule-on-large-cross-in-public-traffic-circle.

Quotes

1. Prof. Camp is quoted in the following article: Vidya Kauri, Row Over Trump’s Tax Returns May Hinge On Dems’ Intent, 2019 LAW360 115-174 (2019).

Citations

1. Prof. Beyer’s work on WEST’S TEXAS FORMS, REAL PROPERTY § 16.17 is cited in the following article: Luke Meier, Drafting A Texas Oil and Gas Lease to Ensure Enforceability of A Consent-to-Assign Clause: How to Make an Oil and Gas “Lease” A Lease, 51 TEX. TECH L. REV. 169 (2019).

2. Prof. Shannon’s article The Time is Right to Revise the Texas Insanity Defense: An Essay is cited in the following article: Federica Coppola, Motus Animi in Mente Insana: An Emotion-Oriented Paradigm of Legal Insanity Informed by the Neuroscience of Moral Judgments and Decision-Making, 109 J. CRIM. L. & CRIMINOLOGY 1 (2019).

3. Prof. Gonzalez’s article The New Batson: Opening the Door of the Jury Deliberation Room After Peña-Rodriguez v. Colorado is cited in the following article: Kyle B. Grigel, Credibility Interrogatories in Criminal Trials, 71 STAN. L. REV. 461 (2019).

4. Prof. Murphy’s article Enhancing the Role of Public Interest Organizations in Rulemaking Via Pre-Notice Transparency is cited in the following article: Daniel E. Walters, Capturing the Regulatory Agenda: An Empirical Study of Agency Responsiveness to Rulemaking Petitions, 43 HARV. ENVTL. L. REV. 175 (2019).

5. Prof. Humphrey’s article ‘‘But I’m Brain-Dead and Pregnant”: Advance Directive Pregnancy Exclusions and End-of-Life Wishes is cited in the following article: Elizabeth Villarreal, Pregnancy and Living Wills: A Behavioral Economic Analysis, 128 YALE L.J. FORUM 1052 (2019).

6. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited in the following article: Stuart Teicher, Tech Tock, Tech Tock: The Countdown to Your Ethical Demise, 31 J. AM. ACAD. MATRIM. LAW. 481 (2019).

7. Prof. Tracy Pearl’s article Fast and Furious: The Misregulation of Driverless Cars is cited in the following article: Bryan H. Choi, Crashworthy Code, 94 WASH. L. REV. 39 (2019).

8. Prof. Baker’s article Teaching Legal Research in the Books: Necessary or Not? is cited in the following article: Genevieve B. Tung, Collaboration Between Legal Writing Faculty and Law Librarians: Two Surveys, 23 LEGAL WRITING: J. LEGAL WRITING INST. 215 (2019).

9. Prof. Chiappinelli’s article The Moral Basis of State Corporate Law Disclosure is cited in the following article: Reza Dibadj, Disclosure as Delaware’s New Frontier, 70 HASTINGS L.J. 690 (2019).

10. Prof. Beyer’s article Ante-Mortem Probate: A Viable Alternative is cited in the following article: Charles E. Cantú, An Oral History of St. Mary’s University School of Law (1961–2018), 50 ST. MARY’S L.J. 309 (2019).

11. Prof. Rob Sherwin’s article #Have We Really Thought This Through?: Why Granting Trademark Protection to Hashtags is Unnecessary, Duplicative, and Downright Dangerous is cited in the following article: Dr. Vicki T. Huang, Empirical Analysis of Australian Trademark Infringement Decisions: Implications for the U.S. Trademark Use Debate, 35 SANTA CLARA HIGH TECH. L.J. 1 (2019).

12. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Kit Johnson, Pereira v. Sessions: A Jurisdictional Surprise for Immigration Courts, 50 COLUM. HUM. RTS. L. REV. 1 (2019).

13. Prof. Metze’s article Death and Texas: The Unevolved Model of Decency is cited in the following article: Andrew Ingram, Pinkerton Short-Circuits the Model Penal Code, 64 VILL. L. REV. 71 (2019).

14. Prof. Christopher’s article Whack-A-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Money Laundering is cited in the following article: Jason Clark & Margaret Ryznar, Improving Bitcoin Tax Compliance, 2019 U. ILL. L. REV. ONLINE 70 (2019).

15. Prof. Beyer’s unpublished manuscript entitled Controlling Body Disposition: The Law and the Macabre is cited in the following article: Meredith M. Havekost, The Waiting Game: How States Can Solve the Organ-Donation Crisis, 72 VAND. L. REV. 691 (2019).

16. Prof. Chiappinelli’s article The Moral Basis of State Corporate Law Disclosure is cited in the following article: Reza Dibadj, Disclosure as Delaware’s New Frontier, 70 HASTINGS L.J. 689 (2019).

17. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Heather Elliott, Gorsuch v. the Administrative State, 70 ALA. L. REV. 703 (2019).

18. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Kristin E. Hickman, To Repudiate or Merely Curtail? Justice Gorsuch and Chevron Deference, 70 ALA. L. REV. 733 (2019).

19. Prof. Rosen’s article Targeting Enemy Forces in the War on Terror: Preserving Civilian Immunity is cited in the following article; Raphael Bitton, Rethinking The Law and Ethics of Undercover Warfare, 2 CARDOZO J. INT’L & COMP. L. 593 (2019).

News

1. On April 1st, at the request of state Rep. Dustin Burrows (Tech Law Class of ’04), Professor Rob Sherwin testified before the Texas House Judiciary Committee about changes to the controversial Texas Citizens Participation Act—Texas’s “anti-SLAPP” law.

2. On April 12th, Professor Gerry W. Beyer traveled to McKinney, Texas and the Collin County Courthouse where he was invited to speak for 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 Trust Practice.

3. Professor Brie Sherwin was named “Outstanding Teacher of the Year” for the Graduate School of Biomedical Sciences. In addition to teaching Legal Practice at Tech Law, Prof. Sherwin is an Adjunct Professor of Public Health teaching Environmental Health Sciences every spring at the medical school.

4. On April 15th, Professor Tracy Pearl was the featured guest on the podcast Robotics Through Science Fiction, hosted by Professor Robin Murphy. Listen here.

5. On April 17th, Professor Alex Pearl presented his paper Redsk*ns: The Property Right to Racism to the 2019 meeting of the Pop Culture Association in Washington, DC.

6. On April 17th, Professor Eric Chiappinelli was honored for his outstanding achievements and contributions with a President’s Excellence in Teaching Award at the Texas Tech University Faculty Honors Convocation.

7. On April 17th, Professor Brie Sherwin was presented with TTU’s Chancellor’s Council Distinguished Teaching and Research Award for professors who exemplify teaching or research excellence throughout the year.

8. On April 17th, Professor Brian Shannon was honored for excellence in research and scholarship with the Texas Tech Parents Association’s Barnie E. Rushing, Jr. Faculty Distinguished Research Award at the Texas Tech University Faculty Honors Convocation.

9. On April 19th, Professor Tracy Pearl presented her paper Hands on the Wheel: A Call for Greater Regulation of Semi-Autonomous Cars to the 2019 meeting of the Pop Culture Association in Washington, DC.

10. Professor Tracy Pearl was awarded a 2019 President’s Excellence in Research Professorship. This professorship lasts for a term of three years.

11. Professor Tracy Pearl was also elected to Texas Tech’s Faculty Grievance Panel. Her inaugural term begins in September.

12. Professor Brie Sherwin was asked to serve as a co-PI for an EPA funded-project titled: Addressing Environmental Concerns in Vieques, Puerto Rico through Community Participatory Research. The project will examine contaminant exposure for the Vieques community in Puerto Rico. Vieques is an island used by the US Navy for target practice for decades and is being returned to the original owners.

13. On April 23rd, Professor Gerry W. Beyer was the guest speaker at the April meeting of the Probate, Trusts, and Estates Section of the Dallas Bar Association. He discussed recent judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. Prof. Beyer’s article, Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice, accompanied his presentation.

14. On April 26th, Professor Gerry W. Beyer was an invited speaker at the 38th Annual Kansas City Estate Planning Symposium. To a gathering of over 500 attorneys, CPAs, and other estate planning professionals, Prof. Beyer presented his paper entitled State Law Pitfalls: Don’t Step in It When Your Clients Step Across State Lines.

15. On April 26th, Dean Victoria Sutton gave a presentation entitled Asynchronous and Hybrid E-learning in Legal Education: A Comparative Study to the Online Learning Conference at the Syracuse University College of Law.

16. On April 26th, Professor Wendy Ross addressed Texas Tech’s 35th Annual Conference on the Advancement of Women in Academia

March 2019 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, 2019.

Articles

1. Arnold H. Loewy, Why Capital Punishment Should Be Abolished, 51 TEX. TECH L. REV. 31 (2018).

2. Gerry W. Beyer, The Consequences of Cashing-In on Death, JOTWELL (March 27, 2019) (reviewing David Horton, Borrowing in the Shadow of Death: Another Look at Probate Lending, 59 WM. & MARY L. REV. 2447 (2018)), https://trustest.jotwell.com/the-consequences-of-cashing-in-on-death/.

3. Brie D. Sherwin, The Upside Down: A New Reality for Science at the EPA and Its Impact on Environmental Justice, 27 N.Y.U. ENVTL. L.J. 57 (2019).

4. Gerry W. Beyer & Brooke Dacus, Estate Planning for Mary Jane and Other Marijuana Users, PROB. & PROP., Mar./Apr. 2019, at 17.

5. Dustin B. Benham, E-Discovery: Direct Access of Electronic Devices After in Re Marion Shipman, 82 TEX. B.J. 168 (2019).

6. Gerry W. Beyer, Keeping Current—Probate, PROB. & PROP., Mar./Apr. 2019, at 22.

7. Alyson M. Drake, On Embracing the Research Conference, 111 LAW LAW LIBR. J. 7 (2019).

8. Bryan T. Camp, Lesson From The Tax Court: No Human Review Needed For Automated Penalties?, TAXPROF BLOG (March 4, 2019), https://taxprof.typepad.com/taxprof_blog/2019/03/lesson-from-the-tax-court-no-human-review-needed-for-automated-penalties.html.

Op-Ed

1. Arnold Loewy & Charles Moster, It’s debatable: Can the president ignore an order from the U.S. Supreme Court?, LUBBOCK AVALANCHE-J. (March 3, 2019 at 1:01 a.m.), https://www.lubbockonline.com/news/20190303/its-debatable-can-president-ignore-order-from-us-supreme-court.

2. Arnold Loewy & Charles Moster, It’s debatable: Does president’s conduct rise to impeachable level of ‘high crimes and misdemeanors?’, LUBBOCK AVALANCHE-J. (March 22, 2019 at 8:00 p.m.), https://www.lubbockonline.com/news/20190322/its-debatable-does-presidents-conduct-rise-to-impeachable-level-of-high-crimes-and-misdemeanors.

Citations

1. Prof. Alex Pearl’s article How to be an Authentic Indian is cited in the following article: Jason Zenor, Tribal (De)termination? Commercial Speech, Native American Imagery and Cultural Sovereignty, 48 SW. L. REV. 81 (2019).

2. 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: Jud Campbell, The Invention of First Amendment Federalism, 97 TEX. L. REV. 517 (2019).

3. 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: Clay Calvert et al., Defamation Per Se and Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, 85 TENN. L. REV. 1029 (2018).

4. Prof. Robert Sherwin’s article Ambiguity in Anti-SLAPP Law and Frivolous Litigation is cited in the following article: George Wyeth et al., The Impact of Citizen Environmental Science in the United States, 49 ELR 10237 (2019).

5. Prof. Soonpaa’s article Stress in Law Students: A Comparative Study of First-Year, Second-Year, and Third-Year Students is cited in the following article: Rebecca Flanagan, Better by Design: Implementing Meaningful Change for the Next Generation of Law Students, 71 ME. L. REV. 103 (2018).

6. Prof. Camp’s article Theory and Practice in Tax Administration is cited in the following article: Michael Hatfield, Cybersecurity and Tax Reform, 93 IND. L.J. 1161 (2018).

7. Prof. Christopher’s article Whack-A-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Money Laundering is cited in the following article: Margaret Ryznar, The Future of Bitcoin Futures, 56 HOUS. L. REV. 539 (2019).

8. 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: Margaret Ryznar, The Future of Bitcoin Futures, 56 HOUS. L. REV. 539 (2019).

9. Prof. Ramirez’s article Iraq War: Anticipatory Self-Defense or Unlawful Unilateralism is cited in the following article: Nancy Amoury Combs, Unequal Enforcement of the Law: Targeting Aggressors for Mass Atrocity Prosecutions, 61 ARIZ. L. REV. 155 (2019).

10. Prof. Tracy Pearl’s article Crowd Crush: How the Law Leaves American Crowds Unprotected is cited in the following article: Joseph Mendoza, Controlled Chaos: A Proposal for an International Code of Conduct in the Live Concert Context, 25 SW. J. INT’L L. 180 (2019).

11. Prof. Beyer’s TEACHING MATERIALS ON ESTATE PLANNING is cited in the following article: William A. Drennan, Contracts of the Dead: When Should They Haunt the Living?, 49 N.M.L. REV. 1 (2019).

12. 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 J. Broughton, Constitutional Law-I Beg Your Pardon: Ex Parte Garland Overruled; the Presidential Pardon Is No Longer Unlimited, 41 W. NEW ENG. L. REV. 183 (2019).

13. Prof. Casto’s article There Were Great Men Before Agamemnon is cited in the following article: Khagesh Gautam, The Use of International Law in Constitutional Interpretation in the Supreme Court of India, 55 STAN. J. INT’L L. 27 (2019).

14. Prof. Casto’s article “Dear Sister Antillico …”: The Story of Kirksey v. Kirksey is cited in the following article: Charles Calleros & Val Ricks, Kirksey v. Kirksey, 45 FLA. ST. U.L. REV. 965 (2018).

Quotes

1. Prof. Cochran is quoted throughout the following article: Matt Schmitto, Texas Bet ‘Em: Students, Locals Active in the Black Market as Legislature Folds Hand, ROTOGRINDERS (March 5, 2019), https://rotogrinders.com/sports-betting/texas-illegal-sports-betting-black-market-lubbock.

2. Prof. Metze is quoted in the following article: Caitlin Randle, Law professors discuss what to expect if officer’s shooting case goes to trial, MIDLAND REPORTER-TELEGRAM, (March 7, 2019), https://www.mrt.com/news/article/Law-professors-discuss-what-to-expect-if-13669344.php.

3. Prof. Camp is quoted in the following article: Laura Saunders, An Answer to a SALT-y Tax Problem You Didn’t Know You Had, WALL ST. J. (March 22, 2019), https://www.wsj.com/articles/an-answer-to-a-salt-y-tax-problem-you-didnt-know-you-had-11553247005.

News

1. On March 1st, Professor Gerry W. Beyer was the leadoff speaker at the 11th Annual Estate Planning & Community Property Law Journal CLE & Expo held at the Texas Tech University School of Law. His presentation included a discussion of judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters.

2. On March 16th, Professor Victoria Sutton gave a presentation entitled Indigenous Science –Why We Need It at the AISES Leadership Conference in Cherokee, North Carolina. The American Indian Science and Engineering Society is a non-profit professional association with the goal of substantially increasing American Indian, Alaskan Native, Native Hawaiian, Pacific Islander, First Nation, and other indigenous peoples of North America representation in the fields of science, technology, engineering, math, and related disciplines.

3. Professor Alyson Drake is featured this month on the American Association of Law Libraries’ Member Profile. Interview available here: https://www.aallnet.org/member-profile/alyson-drake/.

4. Professor Rishi Batra was selected as an Integrated Scholar for 2019, one of only six faculty members from across Texas Tech University to be so recognized. The Integrated Scholars program identifies faculty who dedicate themselves to a course of lifelong learning and advance Texas Tech’s role in educating, serving, and inspiring others to do the same.

5. On March 22nd, Professor Baker was the featured speaker at the Northern California Association of Law Libraries’ Spring Institute in San Francisco, California. She spoke about the ethical use of artificial intelligence in legal information structures.

6. On March 22nd, Professor Victoria Sutton presented at the Southeastern Indian Studies Conference at UNC-Pembroke. Her talk was entitled Paper Genocide of Indians in North Carolina.

7. On March 26th, Professor Jamie Baker was a panelist representing academic law libraries in a national webinar sponsored by the American Association of Law Libraries. She discussed artificial intelligence and machine learning in legal research.

8. On March 28th, Professor Gerry W. Beyer was an invited speaker at the Spring Judicial Education Session sponsored by the Texas Association of Counties in Lubbock. To an audience of over 100 county court judges, Prof. Beyer presented his paper entitled Alternatives to Regular Probate.

9. On March 29th, Professor Tracy Pearl presented at the Texas Tech Law Review’s 13th Annual Criminal Law Symposium. Topics covered included police interrogation practices, coerced confessions, and the 5th Amendment.

10. On March 30th, Professor Victoria Sutton gave a presentation entitled Designer Babies and National Security at Stanford Law’s annual “Biolawlapalooza” Conference.

February 2019 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, 2019.

Books & Treatises

1. 12, 12A, 12B GERRY W. BEYER, WEST’S TEXAS FORMS – DECEDENTS’ ESTATES AND GUARDIANSHIPS (4th ed. 2019).

2. WILLIAM R. CASTO, ADVISING THE PRESIDENT: ATTORNEY GENERAL ROBERT H. JACKSON AND FRANKLIN D. ROOSEVELT (2018).

Articles

1. Richard W. Murphy, Chenery’s Contemporaneous Rationale Principle and Chenery Cheating, ADMIN. & REG. L. NEWS 20 (2018).

2. Gerry W. Beyer, Cryptocurrency—What Estate Planners Need to Know, EST. PLAN. DEV. FOR TEX. PROF., Feb. 2019, at 1.

Op-Eds

1. Arnold Loewy & Charles Moster, It’s Debatable: When is it OK to shut down the federal government?, LUBBOCK AVALANCHE-J (Feb. 3, 2019 at 1:01 a.m.), https://www.lubbockonline.com/news/20190203/its-debatable-when-is-it-ok-to-shut-down-federal-government/1.

2. Arnold Loewy & Charles Moster, It’s Debatable: Does southern border issue rise to level of national emergency?, LUBBOCK AVALANCHE-J (Feb. 17, 2019 at 1:01 a.m.), https://www.lubbockonline.com/news/20190217/its-debatable-does-southern-border-issue-rise-to-level-of-national-emergency.

Citations

1. Prof. Robert Sherwin’s article Evidence? We Don’t Need No Stinkin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens to Defang a Popular and Powerful Weapon Against Frivolous Litigation is cited in the following article: Julio Sharp-Wasserman, Section 230(c)(1) of the Communications Decency Act and the Common Law of Defamation: A Convergence Thesis, 20 COLUM. SCI. & TECH. L. REV. 195 (2018).

2. Prof. Tracy Pearl’s article Fast & Furious: The Misregulation of Driverless Cars is cited in the following article: Lawrence J. Trautman, How Google Perceives Customer Privacy, Cyber, E-Commerce, Political and Regulatory Compliance Risks, 10 WM. & MARY BUS. L. REV. 1 (2018).

3. Prof. Casto’s article America’s First Independent Counsel: The Planned Criminal Prosecution of Chief Justice John Jay is cited in the following article: John C. Yoo, The Executive Power of Reversal, 42 HARV. J.L. & PUB. POL’Y 59 (2019).

4. Prof. Murphy’s article Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Kate Andrias, An American Approach to Social Democracy: The Forgotten Promise of the Fair Labor Standards Act, 128 YALE L.J. 616 (2019).

5. Prof. Gonzalez’s article At the Intersection of Religious Organization Missions and Employment Laws: The Case of Minister Employment Suits is cited in the following article: Charles A. Sullivan, Clergy Contracts, 22 EMP. RTS. & EMP. POL’Y J. 371 (2018).

6. 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: Alexandra D. Lahav & Peter Siegelman, The Curious Incident of the Falling Win Rate: Individual vs System-Level Justification and the Rule of Law, 52 U.C. DAVIS L. REV. 1373 (2019).

7. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Seth Katsuya Endo, Discovery Hydraulics, 52 U.C. DAVIS L. REV. 1319 (2019).

8. Prof. Beyer’s articles The Will Execution Ceremony and Avoiding the Estate Planning “Blue Screen of Death”: Common Non-Tax Errors and How to Prevent Them are cited in the following article: Megan McIntyre, I Knew Him As My Daughter: The Impact of Gender Changes on Sex-Based Benefits from Class Gifts, 11 EST. PLAN. & COMMUNITY PROP. L.J. 191 (2018).

9. Prof. Beyer’s article Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns is cited in the following article: Raymond C. O’Brien, Equitable Relief for ERISA Benefit Plan Designation Mistakes, 67 CATH. U.L. REV. 433 (2018).

10. Prof. Camp’s article More on the Successful Challenge to the Anti-Inversion Regulations is cited in the following article: Stephanie Hunter McMahon, Tax As Part of A Broken Budget: Good Taxes Are Good Cause Enough, 2018 MICH. ST. L. REV. 513 (2018).

11. Prof. Christopher’s article Whack-a-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Laundering is cited in the following article: Lawrence J. Trautman, Bitcoin, Virtual Currencies, and the Struggle of Law and Regulation to Keep Pace, 102 MARQ. L. REV. 447 (2018).

12. 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: Lauren Madison, Substantive Due Process As Recourse for Flint Water Crisis Plaintiffs, 64 WAYNE L. REV. 531 (2019).

13. Prof. Shannon’s article Incompetency to be Executed: Conditions Ethical Challenges & Time for A Change in Texas is cited in the following article: Chinyerum N. Okpara, Forced into Execution: Involuntarily Medicating Mentally Ill Inmates to Achieve Competency for Execution, 43 T. MARSHALL L. REV. ONLINE 2 (2019).

14. 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: Judd Campbell, The Invention of First Amendment Federalism, 97 TEX. L. REV. 518 (2019).

15. Prof. Spain’s article Public Interest Law: Improving Access to Justice: The Opportunities and Challenges of Providing Equal Access to Justice in Rural Communities is cited in the following article: Lisa R. Pruitt et. al., Legal Deserts: A Multi-State Perspective on Rural Access to Justice, 13 HARV. L. & POL’Y REV. 15 (2018).

16. Prof. Robert Sherwin’s article Ambiguity in Anti-SLAPP Law and Frivolous Litigation is cited in the following article: Lauren Bergelson, The Need for A Federal Anti-SLAPP Law in Today’s Digital Media Climate, 42 COLUM. J.L. & ARTS 213 (2019).

Quotes

1. Prof. Loewy is quoted in the following article: Emma Sipple, Shield law on federal level discussed by experts, DAILY TOREADOR (Feb. 24, 2019), http://www.dailytoreador.com/news/shield-law-on-federal-level-discussed-by-experts/article_31bd65b2-388a-11e9-b9af-77296678ad7a.html.

News

1. On February 6th, Professor Dwight McDonald kicked off this year’s Black History Month Lecture Series with a presentation entitled Why Black History is American History. The talk focused on the cultural, scientific, political, and economic contributions of African Americans, and how these contributions are simultaneously worthy of independent celebration and inextricably woven into a singular American story.

2. On February 8th, Professor Gerry Beyer was an invited speaker at the 2019 Mid-Year Meeting of the Arkansas Bar Association in Little Rock. Attendees were treated to presentations on Cyber Estate Planning and Administration and Anticipating Wills Contests and How to Avoid Them. Prof. Beyer also prepared extensive articles on both topics to accompany his presentations.

3. On February 13th, Professor Gerry Beyer gave a presentation for the Osher Lifelong Learning Institute in Lubbock, Texas. His presentation was entitled What Do You Desire? Will Bequests: A Person’s Last Chance to be Creative!

4. On February 21st, Professor Gerry Beyer was a speaker for the South Plains Trust and Estate Council in Lubbock. To a multi-disciplinary audience of attorneys, CPAs, trust officers, financial planners, life insurance specialists, and Tech law students, Prof. Beyer presented his paper entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.

5. On February 22nd, Professor Gerry W. Beyer travelled to Abilene to give a presentation for the Osher Lifelong Learning Institute. His presentation was entitled What Do You Desire? Will Bequests: A Person’s Last Chance to be Creative!

6. On February 23rd-24th, Professor Victoria Sutton conducted a “Biohacker Legal Clinic” at the BDYHX 2019 Conference in Austin. BDYHX is a conference covering the topics of human augmentation, transhumanism, and biohacking.

7. On February 26th, Professor Gerry Beyer was a speaker for a national webinar co-sponsored by the American Law Institute and the American College of Trust and Estate Counsel. Speaking alongside Bruce Stone and Suzanne Brown Walsh, the panel was entitled Technology and Estate Planning: The Rise of the Electronic Will.

January 2019 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 1 to January 31, 2019.

Books & Treatises

1. 19 & 19A GERRY W. BEYER, WEST’S LEGAL FORMS – REAL ESTATE TRANSACTIONS – RESIDENTIAL (5th ed. 2018).

2. GERRY W. BEYER, TEXAS LAW OF WILLS (9 & 10 Tex. Prac.) (5th ed. 2019).

3. WILLIAM R. CASTO, ADVISING THE PRESIDENT: ATTORNEY GENERAL ROBERT H. JACKSON AND FRANKLIN D. ROOSEVELT (2018).

Book Chapters

1. Eric A. Chiappinelli, Jurisdiction over directors and officers in Delaware, IN RESEARCH HANDBOOK ON REPRESENTATIVE SHAREHOLDER LITIGATION (Sean Griffith ed., 2018).

Articles

1. Arnold H. Loewy, Religious Liberty Versus Rights of Others, 106 KY. L.J. 651 (2018).

2. Catherine Martin Christopher, Nevertheless She Persisted: Comparing Roe v. Wade‘s Two Oral Arguments, 49 SETON HALL L. REV. 307 (2019).

3. M. Alexander Pearl, Originalism and Indians, 93 TUL. L. REV. 269 (2018).

3. Gerry W. Beyer & Katherine V. Peters, Sign on the [Electronic] Dotted Line: The Rise of the Electronic Will, EST. PLAN. DEV. FOR TEX. PROF., Dec. 2018, at 1.

4. Jamie J. Baker, Keeping Up with New Legal Titles, 110:4 LAW LIBR. J. 550 (2018) (reviewing Safiya Umoja Noble, Algorithms of Oppression: How Search Engines Reinforce Racism (2018)).

5. Gerry W. Beyer, Estate Planning and Probate Law, 82 TEX. B.J. 34 (2019).

6. Gerry W. Beyer (ed.), Keeping Current—Probate, PROB. & PROP., Jan./Feb. 2018, at 28-31.

7. Gerry W. Beyer, Potpourri, 57-1 REPTL Reporter 3 (2019).

8. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 57-1 REPTL Reporter 4 (2019).

Citations

1. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited extensively throughout the following article: Drew Simshaw, Ethical Issues in Robo-Lawyering: The Need for Guidance on Developing and Using Artificial Intelligence in the Practice of Law, 70 HASTINGS L.J. 173 (2018).

2. Prof. Shannon’s article The Revised NCAA Division I Governance Structure After Three Years: A Scorecard is cited in the following article: Marsha Durr, The Tipping Point: Mayhem in College Sports Requires Congress to Finally Intervene in NCAA Governance, 8 ARIZ. ST. SPORTS & ENT. L.J. 26, 62 (2018).

3. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Craig Ettinger, Does the History Behind the Adoption of the Fourth Amendment Demand Abolishing the Third-Party Doctrine?, 29 GEO. MASON U. CIV. RTS. L.J. 1 (2018).

4. Prof. James’s book THE ALZHEIMER’S ADVISOR: A CAREGIVER’S GUIDE TO DEALING WITH THE TOUGH LEGAL AND PRACTICAL ISSUES is cited as a resource in the following article: David Breakfield, Speaking Volumes: Here’s how you can learn more about Alzheimer’s, a disease without boundaries, BRADENTON HERALD (Jan. 11, 2019 at 10:18 a.m.), available at https://www.bradenton.com/living/article224220940.html.

5. Prof. Loewy’s article The Fourth Amendment: History, Purpose, and Remedies is cited in the following article: Lawrence Rosenthal, An Empirical Inquiry into the Use of Originalism: Fourth Amendment Jurisprudence During the Career of Justice Scalia, 70 HASTINGS L.J. 75 (2018).

6. Prof. Loewy’s article Rethinking Government Neutrality Towards Religion Under the Establishment Clause: The Untapped Potential of Justice O’Connor’s Insight is cited in the following article: Gary J. Simson, Permissible Accommodation or Impermissible Endorsement? A Proposed Approach to Religious Exemptions and the Establishment Clause, 106 KY. L.J. 535 (2018).

7. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds is cited in the following article: Eli Cole, Cryptocurrency and the S 1031 Like Kind Exchange, 10 HASTINGS SCI. & TECH. L.J. 75 (2019).

8. Prof. Beyer’s blogpost entitled 10 Mistakes to Avoid in Your Will is cited extensively throughout the following article: Janet Colliton, PLANNING AHEAD: 10 mistakes in drafting your will, THE REPORTER (Jan. 8, 2019), available at https://www.thereporteronline.com/business/planning-ahead-mistakes-in-drafting-your-will/article_af4f1d43-5a64-5b61-a47b-fa46b04aeca7.html.

9. Prof. Beyer’s article Sign On The [Electronic] Dotted Line is cited in the following article: Ashlea Ebeling, Electronic Wills Are Coming Whether Lawyers Like It Or Not, FORBES (Jan. 17, 2019 at 9:49 a.m.), available at https://www.forbes.com/sites/ashleaebeling/2019/01/17/electronic-wills-are-coming-whether-lawyers-like-it-or-not/#2674077071df.

10. Prof. Beyer’s article Digital Assets: The Basics of Cyberspace Estate Planning is cited in the following article: Mary F. Radford, Wills, Trusts, Guardianships, and Fiduciary Administration, 70 MERCER L. REV. 275 (2018).

11. 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: Neil Hamilton, Leadership of Self: Each Student Taking Ownership over Continuous Professional Development/self-Directed Learning, 58 SANTA CLARA L. REV. 567 (2018).

12. Prof. Alex Pearl’s article Of “Texans” and “Custers”: Maximizing Welfare and Efficiency Through Informal Norms is cited in the following article: Jocelyn Simonson, The Place of “The People” in Criminal Procedure, 119 COLUM. L. REV. 249 (2019).

13. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Daniel E. Walters, The Self-Delegation False Alarm: Analyzing Auer Deference’s Effects on Agency Rules, 119 COLUM. L. REV. 85 (2019).

14. Prof. Loewy’s article The Cowboy and the Cop: The Saga of Dudley Hiibel, 9/11, and the Vanishing Fourth Amendment is cited in the following article: Wayne A. Logan, Policing Police Access to Criminal Justice Data, 104 IOWA L. REV. 619 (2019).

15. Prof. Soonpaa’s article Stress in Law Students: A Comparative Study of First-Year, Second-Year, and Third-Year Students is cited in the following article: Viviana I. Vasiu, Law and Poetry: A Fresh Perspective on Training Today’s Law Students, Tomorrow’s Advocates, 54 GONZ. L. REV. 1 (2019).

Quotes

1. Prof. Camp is quoted extensively throughout the following article: Vidya Kauri, IRS Faces Automated Penalties Dilemma as Tax Season Starts, 2019 LAW360 28-198.

2. Prof. Beyer is quoted in the following article: Correy Stephenson, N.C. tax dispute heads to U.S. Supreme Court, N.C. LAWYERS WEEKLY (Jan. 29, 2019), available at https://nclawyersweekly.com/2019/01/29/n-c-tax-dispute-heads-to-u-s-supreme-court/.

3. Prof. Camp is quoted in the following article: Vidya Kauri, Worries Persist About IRS Penalties Issued During Shutdown, 2019 LAW360 30-156.

News

1. On January 4, Professor Jamie Baker spoke to the AALS Law Libraries and Legal Information Section Luncheon on the topic of Artificial Intelligence and Legal Research.

2. On January 7th, Professor Tracy Pearl was the featured guest on the LAWsome podcast. The episode is entitled “The Torts of Tomorrow.” Listen here.

3. In 2018, Professor Bryan Camp boasted eight of the top ten most-viewed tax posts on TaxProf Blog. Complete list here.

4. On January 25th, Professor Jamie Baker spoke on The Duty of Technology Competence in the Algorithmic Society at the West Texas Bankruptcy Bar Luncheon.

5. Professors Tracy Pearl and Brie Sherwin each received a Chancellor’s Council Distinguished Teaching and Research Award for 2019. The thirteen recipients of the award, designed to recognize faculty members for teaching excellence, each receive a medallion and a $5,000 stipend.

5. On January 26th, Professor Gerry Beyer was unanimously reelected to the coveted position as the Editor-in-Chief of the REPTL Reporter, the official publication of the Real Estate, Probate, and Trust Law Section of the State Bar of Texas. REPTL is the largest section of the Texas Bar with over 9,200 members.

6. On January 27th, Professor Tracy Pearl presented her paper Compensation at the Crossroads: Autonomous Vehicles and Alternative Victim Compensation Schemes at the multidisciplinary Artificial Intelligence, Ethics, and Society 2019 Conference in Honolulu, Hawai’i.

7. On January 28th, Professor Bryan Camp was a featured speaker in a webinar held by the American Bar Association entitled How to advise taxpayers during the government shutdown. The panel discussed the impact of the government shutdown on the 2019 filing season and offered best practices for working with taxpayers during the lapse in appropriations.

8. On January 29th, Professor Gerry Beyer was an invited speaker at the Judicial Orientation for New County Judges sponsored by the Texas Association of Counties in Lubbock. His presentation was entitled Probate Overview and was attended by approximately 100 new and current county court judges.

December 2018 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, 2018.

Books & Treatises

  1. GERRY W. BEYER, PROBATE AND DECEDENTS’ ESTATES (17 & 18 Tex. Prac.) (2018-2019 Supplement).
  1. GERRY W. BEYER, MARITAL PROPERTY AND HOMESTEADS (38 & 39 Tex. Prac.) (2018-2019 Supp.).
  1. GERRY W. BEYER, WILLS, TRUSTS, AND ESTATES: EXAMPLES & EXPLANATIONS (7th ed. 2019).

Articles

  1. Tracy Hresko Pearl, Hands on the Wheel: A Call for Greater Regulation of Semi-Autonomous Cars, 93 Ind. L.J. 713 (2018).
  1. M. Alexander Pearl, Human Rights, Indigenous Peoples, and the Global Climate Crisis, 53 Wake Forest L. Rev. 713 (2018).

Op-Eds

  1. Arnold Loewy & Charles Moster, It’s Debatable: Was Trump right to fire AG Jeff Sessions?, LUBBOCK AVALANCHE-J. (Dec. 1, 2018 at 10:08 p.m.), https://www.lubbockonline.com/news/20181201/its-debatable-was-trump-right-to-fire-ag-jeff-sessions.

Citations

  1. 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: Huang-Chih Sung, When Open Source Software Encounters Patents: Blockchain as an Example to Explore the Dilemma and Solutions, 18 J. Marshall Rev. Intell. Prop. L. 55 (2018).
  1. Prof. Beyer is cited in the following case: Weed v. Frost Bank, No. 04-17-00811-CV, 2018 WL 5927987 (Tex. App.—San Antonio Nov. 14, 2018, no pet. h.), citing 38 Aloysius A. Leopold & Gerry W. Beyer, Texas Practice: Marital Property & Homesteads § 14.12 (1993 & Supp. 2017-18) at *9 and *11 dealing with the determination of whether property should be classified as separate or community.
  1. Prof. Casto’s article The Origins of Federal Admiralty Jurisdiction in an Age of Privateers, Smugglers, and Pirates is cited in the following article: Andrew Kent, Piracy and Due Process, 39 Mich. J. Int’l L. 385 (2018).
  1. Prof. Rosen’s article Disciplinary Sanctions Against Prosecutors for Brady Violations: A Paper Tiger is cited extensively throughout the following article: Timothy C. Harker, Faithful Execution: The Persistent Myth of Widespread Prosecutorial Misconduct, 85 Tenn. L. Rev. 847 (2018).
  1. Prof. Christopher’s article Putting Legal Writing on the Tenure Track: One School’s Experience is cited in the following article: David Thomson, A Wound, A Chasm, or Both? The Doctrine-Skills Divide: Legal Education’s Self-Inflicted Wound, 15 Legal Comm. & Rhetoric: JALWD 305 (2018).
  1. Prof. Rob Sherwin’s article Evidence: We Don’t Need No Stinkin’ Evidence: How Ambiguity in Some States’ Anti-SLAPP Laws Threaten to De-Fang a Popular and Powerful Weapon Against Frivolous Litigation is cited in the following article: Robert Sprague, Slapped by Rico: Corporations Punishing Social Activism, 55 Am. Bus. L.J. 763 (2018).
  1. Prof. Spain’s article Alternative Dispute Resolution for the Poor: Is it an Alternative? Is cited in the following article: Jacqueline Nolan-Haley, Does Adr’s “Access to Justice” Come at the Expense of Meaningful Consent?, 33 Ohio St. J. on Disp. Resol. 373 (2018).
  1. 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: Jean Bacon et. al., Blockchain Demystified: A Technical and Legal Introduction to Distributed and Centralised Ledgers, 25 Rich. J.L. & Tech. 2 (2018).
  1. Prof. Alex Pearl’s article Human Rights, Indigenous Peoples, and the Global Climate Crisis is cited in the following article: John H. Knox, The Past, Present, and Future of Human Rights and the Environment, 53 Wake Forest L. Rev. 649 (2018).
  1. Prof. Spain’s article The Opportunities and Challenges of Providing Equal Access to Justice in Rural Communities is cited in the following article: Rebecca Nieman, A Fraction of A Percent: A Call to Legal Service Providers to Increase Assistance to Community Nonprofits Using Biglaw Pro Bono, 40 U. Ark. Little Rock L. Rev. 355 (2018).
  1. Prof. Murphy’s article The Limits of Legislative Control over the “Hard-Look” is cited in the following article: Maria Ponomarenko, Administrative Rationality Review, 104 Va. L. Rev. 1399 (2018).
  1. Prof. Murphy’s article Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons is cited in the following article: Maria Ponomarenko, Administrative Rationality Review, 104 Va. L. Rev. 1399 (2018).
  1. Prof. Casto’s book Foreign Affairs and the Constitution in the Age of the Fighting Sail is cited in the following article: Scott Ingram, “(Perhaps) the Principle Is Established”: The Senate, George Washington, and the Ambiguous Origins of Executive Privilege, Kan. J.L. & Pub. Pol’y 1 (2018).
  1. Prof. Henry’s article Chapter 11 Zombies is cited in the following article: Melissa B. Jacoby, Corporate Bankruptcy Hybridity, 166 U. Pa. L. Rev. 1715 (2018).
  1. Prof. Chiappinelli’s article How Delaware’s Corporate Law Monopoly Was Nearly Destroyed is cited in the following article: Brandon Mordue, The Revlon Divergence: Evolution of Judicial Review of Merger Litigation, 12 Va. L. & Bus. Rev. 531 (2018).
  1. 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: Nathan Fulmer, Exploring the Legal Issues of Blockchain Applications, 52 Akron L. Rev. 161 (2018).
  1. 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: James Étienne Viator, A.N. Yiannopoulos: Louisiana’s Great Overlooked Legal Historian, 64 Loy. L. Rev. 441 (2018).

Quotes

  1. Prof. Tracy Pearl is quoted extensively throughout the following article: David H. Freeman, How Autonomous Vehicles Will Transform Cities and Suburbs by Ending Traffic Jams, Parking Problems and Road Rage, NEWSWEEK (Dec. 6, 2018 at 2:39 p.m.), https://www.newsweek.com/2018/12/14/how-autonomous-vehicles-will-transform-cities-and-suburbs-ending-traffic-jams-1247728.html.
  1. Prof. Pat Metze is quoted in the following article: How Lubbock became the model for indigent defense in Texas, SAN ANTONIO EXPRESS-NEWS (Dec. 18, 2018 at 10:38 a.m.), https://www.mysanantonio.com/opinion/editorials/article/How-Lubbock-became-the-model-for-indigent-defense-13467686.php.

News

  1. Professors Gerry Beyer, Brian Shannon, and Richard Rosen were each awarded an Assessment Innovation Grant award from Texas Tech University’s Office of Planning & Assessment. This award is available to faculty and staff who are actively engaged in assessment activities within their department.
  1. On December 15, San Angelo native and Angelo State University alum Dean Jack Nowlin served as ASU’s fall commencement speaker.
  1. The American College of Trust and Estate Counsel is a national organization of approximately 2,500 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence, and experience as trust and estate counselors. In addition to his service as one of the elite members (Regent) of ACTEC’s governing board, Professor Gerry Beyer was notified by the president of ACTEC that he has been appointed to the following committees for the upcoming year:
  • Academic Membership Committee
  • Digital Property Committee
  • Legal Education Committee
  • Program Committee
  • State Laws Committee
  1. Professor Brie Sherwin was interviewed by Prof. Tracy McGaugh Norton for the Legal Writing Institute’s LWI Lives December newsletter. Learn about what drives her scholarship, and what her least favorite noise on Earth is, here.

 

November 2018 Law Faculty Publications & News

Throughout the month of November, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for November 1 to November 30, 2018.

Book Chapters

1. Alyson M. Drake, Foreign Law in SEXUAL ORIENTATION, GENDER IDENTITIES, AND THE LAW: A RESEARCH BIBLIOGRAPHY 2006-2016 (AALL 2018).

2. Alyson M. Drake, Comparative Law in SEXUAL ORIENTATION, GENDER IDENTITIES, AND THE LAW: A RESEARCH BIBLIOGRAPHY 2006-2016 (AALL 2018).

3. Alyson M. Drake, International Law in in SEXUAL ORIENTATION, GENDER IDENTITIES, AND THE LAW: A RESEARCH BIBLIOGRAPHY 2006-2016 (AALL 2018).

Articles

1. Gerry W. Beyer, Wills & Trusts, 4 SMU ANN. SURV. 451 (2018).

2. Gerry W. Beyer, Keeping Current—Probate, 32 PROB. & PROP. 25 (2018).

3. Gerry W. Beyer, The Will Execution Ceremony: Should it be in Pictures?, 45 EST. PLAN. 25 (2018).

4. Gerry W. Beyer & Katherine Peters, Sign on the [Electronic] Dotted Line: The Rise of the Electronic Will, WILLS, TRUSTS, & EST. L. EJOURNAL (2018).

Op-Ed

1. Arnold Loewy & Charles Moster, It’s Debatable: Did misguided allegiance to president spur attempted bomber to act?, LUBBOCK AVALANCHE-J. (Nov. 4, 2018 12:19 a.m.), http://www.lubbockonline.com/news/20181104/its-debatable-did-misguided-allegiance-to-president-spur-attempted-bomber-to-act.

2. Arnold Loewy & Charles Moster, It’s Debatable: Did misguided allegiance to president spur attempted bomber to act?, LUBBOCK AVALANCHE-J. (Nov. 17, 2018 10:08 p.m.), https://www.lubbockonline.com/news/20181117/its-debatable-how-has-trump-done-so-far-as-president.

Citations

1. Prof. Murphy’s article Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons is cited in the following article: Kathryn E. Kovacs, Rules About Rulemaking and the Rise of the Unitary Executive, 70 ADMIN. L. REV. 515 (2018).

2. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Kathryn E. Kovacs, Rules About Rulemaking and the Rise of the Unitary Executive, 70 ADMIN. L. REV. 515 (2018).

3. Prof. Murphy’s article Enhancing the Role of Public Interest Organizations in Rulemaking via Pre-Notice Transparency is cited in the following article: Kathryn E. Kovacs, Rules About Rulemaking and the Rise of the Unitary Executive, 70 ADMIN. L. REV. 515 (2018).

4. Prof. Casto’s book FOREIGN AFFAIRS AND THE CONSTITUTION IN THE AGE OF FIGHTING SAIL is cited in the following article: David Golove, The American Founding and Global Justice: Hamiltonian and Jeffersonian Approaches, 57 VA. J. INT’L L. 621, 623 (2018).

5. Prof. Metze’s article Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial is cited in the following article: Chad G. Marzen, Inclusivity with Reciprocity: Permitting Law Teachers Outside of ABA-Accredited Law Schools Bar Admission Through Admission on Motion Rules, 43 U. DAYTON L. REV. 347 (2018).

6. Prof. Casto’s article Advising Presidents: Robert Jackson and the Destroyers-for-Bases Deal is cited in the following article: Harold Hongju Koh, Presidential Power to Terminate International Agreements, 128 YALE L.J. F. 432 (2018).

7. Professor Robert Sherwin’s article Clones, Thugs, ‘n (Eventual?) Harmony: Using the Federal Rules of Civil Procedure to Simulate a Statutory Defamation Defense and Make the World Safe from Copyright Bullies is cited in the following article: Lauren Gorab, A Fair Use to Remember: Restoring Application of the Fair Use Doctrine to Strengthen Copyright Law and Disarm Abusive Copyright Litigation, 87 FORDHAM L. REV. 703 (2018).

8. Prof. Beyer’s book FAT CATS & LUCKY DOGS: HOW TO LEAVE (SOME OF) YOUR ESTATE TO YOUR PET is cited in the following article: Thomas E. Simmons, A Will for Willa Cather, 83 MO. L. REV. 641, 642 (2018).

9. Prof. Loewy’s article Why Roe v. Wade Should Be Overruled is cited in the following article: Clarke D. Forsythe & Bradley N. Kehr, A Road Map Through the Supreme Court’s Back Alley, 33 ISSUES L. & MED. 175 (2018).

10. Prof. Rosen’s article The “Especially Heinous” Aggravating Circumstance in Capital Cases–The Standardless Standard is cited in the following article: Emily V. Shaw et. al., Intellectual Disability, the Death Penalty, and Jurors, 58 JURIMETRICS J. 437 (2018).

11. Prof. Chiappinelli’s article How Delaware’s Corporate Law Monopoly Was Nearly Destroyed is cited in the following article: Brandon Mordue, The Revlon Divergence: Evolution of Judicial Review of Merger Litigation, 12 VA. L. & BUS. REV. 531 (2018).

12. Prof. Casto’s book FOREIGN AFFAIRS AND THE CONSTITUTION IN THE AGE OF THE FIGHTING SAIL is cited in the following article: John Harrison, The Constitution and the Law of Nations, 106 GEO. L.J. 1659 (2018).

Quotes

1. Prof. Camp is quoted in the following article: Alan K. Ota, Democrats ponder IRS whistleblowers on Trump tax returns, 18 MLEX US TAX WATCH 5 (2018).

News

1. Dean Victoria Sutton’s short documentary Apache Kid, U.S. Army Scout, was selected for the First Nations Film and Video Festival that has a focus on Native American women directors. The festival ran from November 1st to November 9th in Chicago, IL. A complete list of the film’s many festival selections and awards is located here.

2. Professor Tracy Pearl is the recipient of the 2019 Chancellor’s Council Distinguished Research Award for Texas Tech University. Established in 2001, the Chancellor’s Council Distinguished Teaching and Research Awards are presented to individuals who exemplify teaching or research excellence throughout the year. These are the highest honors given by the Texas Tech University System to faculty members at its component institutions. Winners of these awards have significantly advanced teaching or research efforts and are noted as leaders among colleagues and in their respective fields.

3. On November 2nd, Professor Gerry W. Beyer’s blog posting, Prince’s Estate Wants to Trademark the Color Purple, made Texas Bar Today’s list of top 10 blog posts for the week.

4. On November 2nd, Dean Victoria Sutton spoke at the first Health Law & Policy in Space Symposium at the University of Houston Law Center. Her talk centered upon biocontamination, human health, and planetary protection policy.

5. Also on November 2nd, Professor Brie Sherwin participated in a panel at Duke Law Environmental Law & Policy Forum’s Fall 2018 Symposium. The panel discussed the interactions between human health and climate change, policy tools needed to promote sustainable communities, and human resilience to pollution and climate change.

6. Professor Gerry W. Beyer’s blog, the Wills, Trusts, and Estates Prof Blog, is ranked #18 in all-time popularity, surpassing the SCOTUSblog for the first time ever. The ranking is out of the 4,479 blawgs monitored by Justia. His blog remains the #1 estate planning blog out of 245.

7. On November 14th, Professor Gerry W. Beyer was a speaker at the 39th Annual Inland Empire Estate Planning Seminar at the University of Redlands in Redlands, California. To a multi-disciplinary audience of over 110 attorneys, CPAs, trust officers, financial planners, and life insurance specialists, Prof. Beyer spoke about the interface between estate planning and weapon ownership and marijuana legalization in his presentation entitled Aiming High and Getting High: Estate Planning for Guns and Marijuana.

8. On November 16th, Professor DeLeith Gossett moderated a panel entitled “The Opioid Crisis: What Can Be Done for the Children” at the 2018 Silent Victims Conference at Duke University. The panel discussed the explosion in the number of children needing foster care due to the opioid crisis, as well as what the 1980’s drug epidemic can teach us about how best to help these children and their families.

9. Also on November 16th, Professor Brian Shannon moderated a panel entitled S.B. 1326, Competency Restoration Alternatives, Local Implementation, & a Look Ahead at the 2018 Texas Tech Mental Health Law Symposium.

9. The ABA Journal recently reaffirmed Professor Gerry W. Beyer’s blawg, The Wills, Trusts, & Estates Prof Blog, as a member of its Blawg 100 Hall of Fame.

10. Professor Gerry W. Beyer was the speaker at the November 27, 2018, meeting of the Probate, Trust, and Estates Section of the Houston Bar Association. His presentation and accompanying paper were entitled State Law Pitfalls: Don’t Step In It When Your Client Steps Across State Lines.

11. The State Bar of Texas recently informed Professor Gerry W. Beyer that his continuing legal education activities qualified him (for the thirty-second consecutive year) for membership in the State Bar College. The Texas Bar College is an honorary society of lawyers, chartered by the Supreme Court of Texas in 1981, to recognize and encourage lawyers who maintain and enhance their professional skills and the quality of their service to the public by completing at least double the required hours of continuing legal education each year.

October 2018 Law Faculty Publications & News

Throughout the month of October, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for October 1 to October 31, 2018.

Articles

1. Nancy J. Soonpaa, The Ins and Outcomes of Writing an Effective Syllabus, 67 J. LEGAL EDUC. 833 (2018).

2. Bryan T. Camp, The Substantial Substantiation Rules For Code Section 170, 2018 LAW360 274-45.

3. Gerry W. Beyer, Potpourri, REPTL REP., 56-4, at 3 (2018).

4. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, REPTL REP., 56-4, at 4-7 (2018).

5. Gerry W. Beyer, An Estate Planner’s Guide to the Uniform Partition of Heirs Property Act, REPTL REP., 56-4, at 38-43 (2018).

6. Gerry W. Beyer & Barry Seltzer, Don’t Forget About Pets When Planning for Disability and Death: A Legal Guide to Caregiving for Pets After an Owner’s Death, GENERATIONS: J AM. SOC. AGING, Fall 2018 at 109.

Op-Ed

1. Arnold Loewy & Charles Moster, It’s Debatable: Does Kavanaugh have the right temperament to be a Supreme Court justice?, LUBBOCK AVALANCHE-J. (Oct. 24, 2018 5:06 p.m.), http://www.lubbockonline.com/news/20181024/its-debatable-does-kavanaugh-have-right-temperament-to-be-supreme-court-justice.

Citations

1. Prof. Loewy’s article Why Roe v. Wade Should Be Overruled is cited in the following article: Clarke D. Forsythe, A Draft Opinion Overruling Roe v. Wade, 16 GEO. J.L. & PUB. POL’Y 445 (2018).

2. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: David M. Driesen, Judicial Review of Executive Orders’ Rationality, 98 B.U.L. REV. 1013 (2018).

3. Prof. Gossett’s article If Charity Begins at Home, Why Do We Go Searching Abroad? Why the Federal Adoption Tax Credit Should Not Subsidize International Adoptions is cited in Adoption tax credit, 5 ARIZ. PRAC., JUV. LAW & PRACTICE § 7:16 (October 2018 Update).

4. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited multiple times in the October 2018 update to RESTATEMENT (THIRD) OF TORTS: Phys. & Emot. Harm § 11 (2010).

5. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Aaron L. Nielson, Optimal Ossification, 86 GEO. WASH. L. REV. 1209 (2018).

6. Prof. Chiappinelli’s article The Moral Basis of State Corporate Law Disclosure is cited in The traditional legal framework—An overview, D&O LIAB. HDBK. § I:2.

7. 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: Matt Steilen, The Security Court, 78 MD. L. REV. ONLINE 1 (2018).

8. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: David A. Dana & Michael Barsa, Judicial Review in an Age of Hyper-Polarization and Alternative Facts, 9 SAN DIEGO J. CLIMATE & ENERGY L. 231 (2018).

9. Prof. Christopher’s article The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking, Bitcoin, and the Blockchain is extensively cited in the following article: Dirk A. Zetzsche et. al., The Distributed Liability of Distributed Ledgers: Legal Risks of Blockchain, 2018 U. ILL. L. REV. 1361 (2018).

10. Prof. Beyer’s article The Fine Art of Intimidating Disgruntled Beneficiaries with In Terrorem Clauses is cited in the following article: Reid Kress Weisbord, The Governmental Stake in Private Wealth Transfer, 98 B.U.L. REV. 1229 (2018).

11. Prof. Camp’s TaxProf Blog article Lesson from the Tax Court: The Turbo-Tax Defense is cited in the following article: Tax Program Glitches; Tax Court Leniency on Penalties, Interest?, 129 J. TAX’N 46 (2018).

12. Prof. Loewy’s article Rethinking Search and Seizure in a Post-9/11 World is cited in the following article: Emily Berman, A Government of Laws and Not of Machines, 98 B.U.L. REV. 1277 (2018).

13. Prof. Gonzalez’s article The New Batson: Opening the Door of the Jury Deliberation Room After Peña-Rodriguez v. Colorado is cited in the following article: Jason Koffler, Laboratories of Equal Justice: What State Experience Portends for Expansion of the Pena-Rodriguez Exception Beyond Race, 118 COLUM. L. REV. 1801 (2018).

Quotes

1. Prof. Camp is quoted in the following article: ProPublica seeks IRS tipsters, 15 MLEX US TAX WATCH 20 (October 9, 2018).

News

1. On October 2nd, Professor Gerry W. Beyer spoke in South Sioux City, Nebraska at a meeting of the Siouxland Estate Planning Council, an interdisciplinary organization composed of attorneys, certified public accounts, trust officers, life insurance specialists, and financial planners. The topic of his presentation and accompanying article was entitled Effects of Legalized Marijuana on Estate Planning. Prof. Beyer first examined these effects in 2016 with his seminal article Puff, the Magic Dragon, and the Estate Planner.

2. On October 5th, Professor Tracy Pearl presented her paper, Compensation at the Crossroads: Autonomous Vehicles & Alternative Victim Compensation Schemes, at Nova Southeastern University’s Shepard Broad College of Law as part of its “Progression 2018: Using Law to Facilitate an Efficacious Innovation Economy” symposium.

3. On October 10th, Professor Gerry W. Beyer spoke at the El Paso Estate Planning Council October meeting. His topic and accompanying paper were entitled Cyber Estate Planning and Administration and included coverage of the Texas Revised Uniform Fiduciary Access to Digital Assets Act and the special steps necessary for planning for individuals who own cryptocurrency.

4. Professor Catherine Christopher presented her paper Normalizing Struggle (on the productive nature of struggling in law school) at the Central States Law Schools Association (CSLSA) 2018 Annual Scholarship Conference in Fort Worth.

5. On October 18th, Professor Jamie Baker presented on the rapidly-evolving ethical duty of technology competence for lawyers to the Ohio Regional Association of Law Libraries (ORALL) annual conference. Read her article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society here.

6. On October 18th, Professor Catherine Christopher presented on blockchain technology and bitcoin to the Lubbock County Women Lawyers monthly luncheon. Her seminal article on the subject, The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking, Bitcoin, and the Blockchain, is available to read here.

7. On October 19th, Professor Gerry W. Beyer was a featured speaker at The 38th Tax & Estate Planning Forum in San Diego, California. The Forum is a nationally recognized provider of legal education seminars and is an approved Legal Education Provider by the California State Bar and other State Bars across the nation. To an audience of over 300 attorneys and other estate professionals, Prof. Beyer presented his paper entitled Cyber Estate Planning and Administration.

8. Professor Victoria Sutton’s documentary The Court Martial of Apache Kid won an “Exceptional Merit” award for docu-drama and the “Excellence” award for the subcategory of “Research” at the Fall 2018 Docs Without Borders Film Festival. The film was also selected for screening at the Show Low International Film Festival in Pinetop, Arizona.

9. At a screening of the documentary Brother Outsider in the Tech Law Library on October 25th, Professor Dwight McDonald shared his thoughts on civil rights leader Bayard Rustin, his personal experience as one of only 5 African Americans in a class of 240, creating the Black Law Student Association chapter at Tech, and today’s civil rights battles for the LGBT community.

10. Professor Jamie Baker was the keynote speaker at the 13th Annual Texas Tech Law Practice Technology CLE on October 25th & 26th. She headed an all-star line-up of Tech Law faculty presentations, including insightful talks by Professors Sally Henry, Nancy Soonpaa, J. Wesley Cochran, Dustin Benham, Alyson Drake, Allison Clayton, Jarod Gonzalez, Charles Bubany, Dwight McDonald, Donnie Yandell, and Larry Spain. A full list of the CLE’s programs and presenters can be found here.