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.