September 2018 Law Faculty Publications & News

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

Books

  1. Gerald S. Reamey & Charles P. Bubany, Texas Criminal Procedure (12th ed. 2018).

Op-Ed

  1. Arnold Loewy & Charles Moster, It’s Debatable: Should the president pardon his former campaign adviser Manafort?, Lubbock Avalanche-J (Sept. 24, 2018 at 4:14 p.m.), http://www.lubbockonline.com/news/20180924/its-debatable-should-president-pardon-his-former-campaign-adviser-manafort.

Articles

  1. Gerry W. Beyer, Keeping Current—Probate, 32 Prob. & Prop. 31 (2018).
  1. Gerry W. Beyer, An Estate Planner’s Guide to the Uniform Partition of Heirs Property Act, Est. Plan. Dev. for Tex. Prof., Aug. 2018, at 1.

Citations

  1. 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: John M. Bickers, False Facts and Holy War: How the Supreme Court’s Establishment Clause Cases Fuel Religious Conflict, 51 Ind. L. Rev. 305 (2018).
  1. Prof. Humphrey’s article Two-Stepping Around a Minor’s Constitutional Right to Abortion is cited in the following article: Haley Hawkins, Clearly Unconvincing: How Heightened Evidentiary Standards in Judicial Bypass Hearings Create an Undue Burden Under Whole Woman’s Health, 67 Am. U.L. Rev. 1911 (2018).
  1. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State is cited in the following article: Nina Olson, The IRS Might Recover EITC Using its Newly Discovered Post-Processing Math Error Authority, but is it Constitutional?, TaxConnections (Sept. 14, 2018), https://www.taxconnections.com/taxblog/the-irs-might-recover-eitc-using-its-newly-discovered-post-processing-math-error-authority-but-is-it-constitutional/#.W5_YKPZFy3w.
  1. 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 Brie Sherwin’s article Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, and State Exceptionalism Failed Flint, Michigan is cited in the following article: Moriah Schmidt, Don’t Drink the Water: Why the Safe Drinking Water Act Failed Flint, 19 Vt. J. Envtl. L. 219 (2018).
  1. Prof. Beyer’s article Will Contests—Prediction and Prevention is cited in the following article: Joseph A. Romano, No “Dead Giveaways”: Finding A Viable Model of Ante-Mortem Probate for New Jersey, 48 Seton Hall L. Rev. 1683 (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, Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare in the United States, 9 J. Nat’l Security L. & Pol’y 483 (2018).
  1. Prof. Casto’s article The Federal Courts’ Protective Jurisdiction over Torts Committed in Violation of the Law of Nations is cited in the following article: Oona A. Hathaway et. al., War Manifestos, 85 U. Chi. L. Rev. 1139 (2018).
  1. Prof. Casto’s article The First Congress’s Understanding of Its Authority over the Federal Courts’ Jurisdiction is cited in the following article: Daniel D. Birk, The Common-Law Exceptions Clause: Congressional Control of Supreme Court Appellate Jurisdiction in Light of British Precedent, 63 Vill. L. Rev. 189 (2018).
  1. Prof. Baker’s article 2018: A Legal Research Odyssey: Artificial Intelligence as Disruptor is cited in the following article: Jamie Pamela Rasmussen, Horseless Carriages with Buggy-Whip Holders: The Failure of Legal Citation Reform in the 1990s, 110 Law Libr. J. 221 (2018).
  1. Prof. Baker’s article 2018: A Legal Research Odyssey: Artificial Intelligence as Disruptor is cited in the following article: Annalee Hickman Moser & Felicity Murphy, The Reference Assistant, 110 Law Libr. J. 59 (2018).
  1. Prof. Casto’s book Foreign Affairs and the Constitution in the Age of the Fighting Sail is cited in the following article: David M. Golove & Daniel J. Hulsebosch, The Law of Nations and the Constitution: An Early Modern Perspective, 106 Geo. L.J. 1593 (2018).
  1. 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).
  1. Prof. James’s article No Help for the Helpless: How the Law has Failed to Serve and Protect Persons Suffering from Alzheimer’s Disease is cited in the following article: Trevor Ryan & Wendy Bonython, Whose Fault in an Aging World?: Comparing Dementia-Related Tort Liability in Common Law and Civil Law Jurisdictions, 27 Wash. Int’l. L.J. 407 (2018).

Quotes

  1. President of 1A FAR Prof. Brian Shannon was quoted in the following article: 1,199 with Undergraduate Degrees Playing Football This Season, Nat’l Football Found. (Sept. 5, 2018), https://footballfoundation.org/news/2018/9/4/1-187-with-undergraduate-degrees-playing-football-this-season.aspx.
  1. Prof. Camp is quoted in the following article: Peter J. Reilly, Facade Easement Deduction Not Allowed- Not Real Property Interest and Not Perpetual, Forbes (Sept. 14, 2018 6:55 a.m.), https://www.forbes.com/sites/peterjreilly/2018/09/14/facade-easement-deduction-not-allowed-not-real-property-interest-and-not-perpetual/#2b664e361f97.

News

  1. On September 4th, Professor Alyson Drake presented on a panel at the Texas Tech main campus library entitled Government and Legal Information: Official and Authoritative Sources for Research. As Prof. Drake oft reminds us, You Can’t Write Without Research.
  1. On September 6th, Professor Robert Sherwin delivered a presentation to the 2018 Judicial Education Conference in Houston, Texas. The presentation was entitled Recent Developments in Anti-SLAPP Litigation. Read Prof. Sherwin’s most recent scholarship on the topic of anti-SLAPP statutes here.
  1. On September 9th, Professor Tracy Pearl discussed the Senate confirmation hearings for Judge Brett Kavanaugh’s nomination to the Supreme Court on the television program Talking Points with Bryan Mudd. Talking Points airs each Sunday morning at 11:30 a.m., and video of Prof. Pearl’s appearance can be found here.
  1. On September 19th, Professor Gerry W. Beyer spoke in Anchorage, Alaska at the Estate & Tax Planning CLE sponsored by the Alaska Chapter of the American College of Trust and Estate Counsel. Prof. Beyer’s innovative presentation and accompanying article were entitled Planning to Avoid Will/Trust Contests, Including Alaska’s Pre-Mortem Probate Statute.
  1. Global information provider Wolters Kluwer has spotlighted Professor Eric Chiappinelli on its website this month. In a brief interview, we learn about his influences, motivations, and love of learning and teaching. Read the interview (and learn from his sage advice) here.
  1. On September 28th, Professor Tracy Pearl presented at Northwestern University’s Second Annual Junior Faculty Forum for Law and STEM in Chicago, IL. The talk was entitled Compensation at the Crossroads: Autonomous Vehicles & Alternative Victim Compensation Schemes. You can read Prof. Pearl’s paper, Fast & Furious: The Misregulation of Driverless Cars, here.

August 2018 Law Faculty Publications & News

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

Books

  1. Alex Wilson Albright & Dustin B. Benham, Texas Courts: A Survey (2018).
  1. Gerry W. Beyer, Beyer’s Texas Property Code Annotated with Related Texas Law (2018).
  1. Gerry W. Beyer, Modern Dictionary for the Legal Profession (4th ed. 2018 Cum. Supp.).

Op-Ed

  1. Arnold Loewy & Charles Moster, It’s Debatable: Has Trump tarnished the image of the presidency?, Lubbock Avalanche-J. (Aug. 19, 2018 at 6:43 a.m.), http://www.lubbockonline.com/opinion/20180819/its-debatable-has-trump-tarnished-image-of-presidency.

Articles

  1. DeLeith Duke Gossett, The Client: How States Are Profiting from the Child’s Right to Protection, 48 U. Mem. L. Rev. 753 (2018).
  1. Gerry W. Beyer, Potpourri, 56-3 REPTL Rep. 3 (2018).
  1. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 56-3 REPTL Rep. 4 (2018).
  1. Stephen T. Black, Do You Want Innovation and Jobs?: Repeal § 511, 57 Washburn L. J. 431 (2018).

Citations

  1. Prof. Loewy’s article The Use, Nonuse, and Misuse of Low Value Speech is cited in the following article: Elizabeth Kirley & Marilyn McMahon, The Emoji Factor: Humanizing the Emerging Law of Digital Speech, 85 Tenn. L. Rev. 517 (2018).
  1. Two of Prof. Casto’s articles—Attorney General Robert Jackson’s Brief Encounter with the Notion of Preclusive Presidential Power and Advising Presidents: Robert Jackson and the Destroyers-For-Bases Deal—are cited in the following article: Robert F. Bauer, The National Security Lawyer, in Crisis: When the “Best View” of the Law May Not Be the Best View, 31 Geo. J. Legal Ethics 175 (2018).
  1. Prof. Beyer’s article Effect of Divorce on a Client’s Estate Plan is cited in the following article: Naomi R. Cahn, Revisiting Revocation Upon Divorce?, 103 Iowa L. Rev. 1879 (2018).
  1. Prof. Tracy Pearl’s article Hands on the Wheel: A Call for Greater Regulation of Semi-Autonomous Cars is cited in the following article: Holton Westbrook, Look Ma, No Hands: Providing Automated Vehicle Regulations and Precedents Inclusive of Disabled Individuals, 19 Tex. Tech Admin. L.J. 385 (2018).
  1. Prof. James’s article Twenty-First Century Pirates of the Caribbean: How the Organization for Economic Cooperation and Development Robbed Fourteen CARICOM Countries of Their Tax and Economic Policy Sovereignty is cited in the following article: Lilian V. Faulhaber, The Trouble with Tax Competition: From Practice to Theory, 71 Tax L. Rev. 311 (2018).
  1. Prof. Casto’s article The First Congress’s Understanding of Its Authority over the Federal Courts’ Jurisdiction is cited in the following article: Daniel D. Birk, The Common-Law Exceptions Clause: Congressional Control of Supreme Court Appellate Jurisdiction in Light of British Precedent, 63 Vill. L. Rev. 189 (2018).
  1. The 2017-19 edition of Prof. Beyer’s Texas Estate Planning Statutes with Commentary is cited in the following article: Matthew Roland, Disregarding Donors and Tinkering with Texas Trusts: Judicial Modification of Restricted Charitable Gifts, 10 Est. Plan. & Community Prop. L.J. 375 (2018).
  1. Prof. Murphy & Sidney A. Shapiro’s article Eight Things Americans Can’t Figure Out About Controlling Administrative Power is cited in the following article: Kristen van de Biezenbos, Negotiating Energy Democracy, 33 J. Land Use & Envtl. L. 331 (2018).
  1. Two of Prof. Casto’s books, Foreign Affairs and the Constitution in the Age of the Fighting Sail and The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth, are cited in the following article: Scott Ingram, Presidents, Politics, and Pardons: Washington’s Original (Mis?)use of the Pardon Power, 8 Wake Forest J.L. & Pol’y 259 (2018).
  1. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Bernard Chao, Catherine Durso, Ian Farrell, & Christopher Robertson, Why Courts Fail to Protect Privacy: Race, Age, Bias, and Technology, 106 Cal. L. Rev. 263 (2018).
  1. Prof. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look is cited in §§ 12:3 & 12:4 of the Illinois Civil Jury Instructions Companion Handbook (August 2018 Update).

Quotes

  1. Prof Sally Henry is quoted in the following article: Sarah Self-Walbrick, Reagor-Dykes: What we know, what to expect and the impact it has, Lubbock Avalanche-J. (Aug. 12, 2018 at 1:01 a.m.), http://www.lubbockonline.com/news/20180812/reagor-dykes-what-we-know-what-to-expect-and-impact-it-has.
  1. Prof. Sally Henry is quoted in the following article: Sarah Self-Walbrick, Reagor-Dykes bankruptcy: Difference between CRO and trustee, Lubbock Avalanche-J. (Aug. 13, 2018 at 6:26 p.m.), http://www.lubbockonline.com/news/20180813/reagor-dykes-bankruptcy-difference-between-cro-and-trustee.

News

  1. On August 2, Professor Tracy Pearl presented her paper, Compensation at a Crossroads: Autonomous Vehicles and Alternative Victim Compensation Schemes, at the International Telecommunications Society annual conference at the University of Trento in Trento, Italy.
  1. Professor Sutton’s short introductory video-lecture for her course, Nanotechnology Law, was selected for the Best Shorts Film Competition in the Educational category. You may view the video here.
  1. On August 9 & 10, Professor Gerry Beyer was a discussant at three workshops at the Southeastern Association of Law Schools 2018 Annual Conference in Fort Lauderdale, FL:
  • New Directions in Trusts and Estates Scholarship,
  • Experiential Learning in Trusts & Estates—Clinics, Simulation Courses, 7 Field    Placements, and
  • More than “Stiffs and Gifts”—Topic Coverage of a Modern Trusts & Estates Course
  1. Dean Emeritus Walter B. Huffman was a keynote speaker at the Wyoming Civil Defense Lawyers annual conference on August 10. His presentation was entitled The Servicemembers Civil Relief Act (SCRA).
  1. Professor Tracy Pearl was a guest on the podcast “Film Baby Film” discussing “All the President’s Men” and how Watergate compares (and does not compare) to current high-level investigations. The full episode is available on SoundCloud.
  1. On August 14, Professor Gerry Beyer, along with esteemed Missouri attorney Robert Kirkland, presented a webinar entitled Cyber Estate Planning and Administration (Digital Asset Planning and Impact of Revised Uniform Fiduciary Access to Digital Assets Act), for the American Bar Association, Real Property, Trusts, and Estates Section’s Professor’s Corner program.

July 2018 Law Faculty Publications & News

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

Book Chapters:

Jamie J. Baker, Managing Career Success: The Philosophy of a Millennial Leader’s Role in Millennial Leadership in Libraries (Hein 2018).

Articles:

1. Walter B. Huffman, In Memoriam: A Tribute to Professors Conboy, Eissinger, Hunt, Krahmer & Weninger—Pillars of Tech Law, 50 Tex. Tech L. Rev. 629 (2018).

2. Gerry W. Beyer (ed.), Keeping Current—Probate, Prob. & Prop., July/Aug. 2018, at 20-23.

3. Gerry W. Beyer, Recent Developments from the Texas Courts, Est. Plan. Dev. for Tex. Prof., June 2018, at 1.

4. Bryan Camp, Already Caught? The Truth Won’t Lower Your IRS Penalties, 2018 Law360 193-62 (2018).

5. Dustin B. Benham, Tangled Incentives: Proportionality and the Market for Reputation Harm, 90 Temp. L. Rev. 427 (2018).

6. Gerry W. Beyer, Reactions to Discretionary Trusts: An Update by Richard C. Ausness, 43 ACTEC L.J. 435 (2018).

7. Gerry W. Beyer, Living Trusts—Making a Wise Decision, Est. Plan. Stud., July 2018, at 1.

Op-Eds:

Arnold Loewy & Charles Moster, It’s Debatable: Should we expect an independent judiciary?, Lubbock Avalanche-J (July 22, 2018 6:37 a.m.), http://www.lubbockonline.com/opinion/20180722/its-debatable-should-we-expect-independent-judiciary.

Cited:

1. Prof. Rosen’s article Targeting Enemy Forces in the War on Terror: Preserving Civilian Immunity is cited in the following article: Noam Neuman, Challenges in the Interpretation and Application of the Principle of Distinction During Ground Operations in Urban Areas, 51 Vand. J. Transnat’l L. 807 (2018).

2. Prof. Beyer and Kerri M. Griffin’s article Estate Planning for Digital Assets is cited in the following article: Yael Mandel, Facilitating the Intent of Deceased Social Media Users, 39 Cardozo L. Rev. 1909 (2018).

3. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Anna Lvovsky, Fourth Amendment Moralism, 166 U. Pa. L. Rev. 1189 (2018).

4. Prof. Rosen’s article If Men Were Angels is cited in the following article: Paul J. Larkin, Jr., The Folly of Requiring Complete Knowledge of the Criminal Law, 12 Liberty U.L. Rev. 335 (2018).

5. 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: McKaye Neumeister, Reviving the Power of the Purse: Appropriations Clause Litigation and National Security Law, 127 Yale L.J. 2512 (2018).

6. Prof. Black’s article Psst! Wanna Buy a Bridge? IP Transfers of Non-Existent Property is cited in the following article: Jon M. Garon, Ownership of University Intellectual Property, 36 Cardozo Arts & Ent. L.J. 635 (2018).

7. Prof. Metze’s article Death and Texas: The Unevolved Model of Decency is cited in the following article: James R. Acker, Snake Oil with A Bite: The Lethal Veneer of Science and Texas’s Death Penalty, 81 Alb. L. Rev. 751 (2018).

8. Prof. Cochran’s article It Takes Two to Tango!: Problems with Community Property Ownership of Copyrights and Patents in Texas is cited in the following article: Grecia Díaz Sánchez, Los Derechos Morales De Autor En Sucn. Acevedo v. Morales, 87 Rev. Jur. U.P.R. 631 (2018).

9. Prof. Loewy’s article Statutory Rape in a Post Lawrence v. Texas World is cited in the following article: Kathleen Houck, “Mistake of Age” as a Defense? Looking to Legislative Evidence for the Answer, 55 Am. Crim. L. Rev. 813 (2018).

10. Prof. Ross’s article The Negro National Anthem Controversy is cited in the following article: Cedric Merlin Powell, The Rhetorical Allure of Post-Racial Process Discourse and the Democratic Myth, 2018 Utah L. Rev. 523 (2018).

11. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Steven P. Grossman, Making the Evil Less Necessary and the Necessary Less Evil: Towards A More Honest and Robust System of Plea Bargaining, 18 Nev. L.J. 769 (2018).

12. Prof. Chiappinelli’s casebook Cases and Materials on Business Entities is cited in the following article: Carliss N. Chatman, The Corporate Personhood Two-Step, 18 Nev. L.J. 811 (2018).

13. 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: Judith Welch Wegner, Law School Assessment in the Context of Accreditation: Critical Questions, What We Know and Don’t Know, and What We Should Do Next, 67 J. Legal Educ. 412 (2018).

14. 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: Scott Johns, A Statistical Exploration: Analyzing the Relationship (If Any) Between Externship Participation and Bar Exam Scores, 42 Okla. City U.L. Rev. 281 (2018).

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: Olympia Duhart, The “F’ Word: The Top Five Complaints (and Solutions) About Formative Assessment, 67 J. Legal Educ. 531 (2018).

16. Prof. Watts’s article Tyranny by Proxy: State Action and the Private Use of Deadly Force is cited in the following article: James Weinstein, Free Speech and Domain Allocation: A Suggested Framework for Analyzing the Constitutionality of Prohibitions of Lies in Political Campaigns, 71 Okla. L. Rev. 167 (2018).

17. Prof. Beyer’s article Avoiding the Estate Planning “Blue Screen of Death”: Common Non-Tax Errors and How to Prevent Them is cited in the following article: Victoria J. Haneman, Everybody Dies, or, A Consideration of Simultaneous Death Statutes and the Struggles of the Self-Represented, 32 Notre Dame J.L. Ethics & Pub. Pol’y 221 (2018).

Quoted:

Prof. Tracy Pearl is quoted in the following article: Jeff Plungis, U.S. Auto-Safety Agency’s Defect Investigations at Historic Low, Consumer Reports (June 29, 2018), https://www.consumerreports.org/car-safety/us-auto-safety-agency-defect-investigations-at-historic-low-nhtsa/.

News:

1. Dean Sutton was a speaker at “Taking Legal Education Online: A Conference for Deans and Associate Deans,” at the Antonin Scalia School of Law, George Mason University, in Fairfax, Virginia. Dean Sutton was a presenter and panelist on the Online Courses: Best Practices and the Teaching Innovations panels. About 50 U.S. law schools were represented at the conference.

2. Dean Sutton was also presented with the Woman Filmmaker Award for the June 2018 competition of the Hollywood International Independent Documentary Awards. Her documentary, The Court Martial of Apache Kid, explores the actual court martial case through the authentic, never-before-published trial transcript from 1887. The film includes expert commentary from military lawyers, a military law historian, and perspectives from the descendants of the Apache Kid. A ceremony will be held for the award in Los Angeles, CA, in March 2019.

3. The American College of Trust and Estate Council Foundation has recently posted a Trust and Estate Talk featuring Professor Gerry W. Beyer and Virginia attorney Katherine Ramsey entitled State Law Pitfalls: Don’t Step in It When Your Client Steps Across State Lines. You may listen to this podcast by following this link: https://actecfoundation.org/podcasts/crossing-state-lines-with-estate-plan/.

4. At the State Bar of Texas annual meeting, Associate Dean Wendy-Adele Humphrey was sworn in as an at-large director on the SBOT Board of Directors. Among her appointments as a director, she will serve as a member of the overall Executive Committee for the State Bar of Texas and as the lead advisor to the Disability Issues Committee.

5. Associate Dean Wendy-Adele Humphrey has been appointed to a two-year term as a member of the New Member Outreach Committee and as a member of the One-Day Workshops Committee for the Legal Writing Institute (LWI). With nearly 3,000 members, LWI is the second largest organization of law professors in the nation.

June 2018 Law Faculty Publications & News

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

Books:

1. 13-15 GERRY W. BEYER, WEST’S TEXAS FORMS—REAL PROPERTY (Supp. 2018).

Articles:

1. Victoria Sutton, Sovereignty in space?, Astrosociological Insights (Winter 2017).

2. Alyson Outenreath, Cheers! Ending Quill… What Can Be Learned from the Wine Industry, 48 N.M.L. Rev. 372 (2018).

3. Bryan T. Camp, Equitable Principles and Jurisdictional Time Periods, Part 2, 2018 TXN MAGAZINE 24-7 (2018).

4. Jamie J. Baker, 2018: A Legal Research Odyssey: Artificial Intelligence as Disruptor, 110(1) Law Lib. J. 5 (2018).

Op-Eds:

1. Arnold Loewy & Charles Moster, It’s Debatable: Should the U.S. build a border wall on its southern border?, LUBBOCK AVALANCHE-J. (June 3, 2018 10:25 am), http://www.lubbockonline.com/opinion/20180603/its-debatable-should-us-build-border-wall-on-its-southern-border.

2. Arnold Loewy & Charles Moster, It’s Debatable: Should victims of domestic violence continue to be granted US asylum?, LUBBOCK AVALANCHE-J. (June 24, 2018 6:15 am), http://www.lubbockonline.com/opinion/20180624/its-debatable-should-victims-of-domestic-violence-continue-to-be-granted-us-asylum.

Cited:

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: Steven Young, Changing Governance Models by Applying Blockchain Computing, 26 Cath. U.J.L. & Tech. 4 (2018).

2. Prof. Loewy’s article Rethinking Free Exercise of Religion After Smith and Boerne: Charting A Middle Course is cited in the following article: Martin Guggenheim, The (Not So) New Law of the Child, 127 Yale L.J. Forum 942 (2018).

3. An article written by Prof. Murphy & Sidney A. Shapiro entitled Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Theresa M. Beiner, When Courts Run Amuck: A Book Review of Unequal: How America’s Courts Undermine Discrimination Law by Sandra F. Sperino and Suja A. Thomas (Oxford 2017), 5 Tex. A&M L. Rev. 391 (2018).

4. Prof. Murphy’s article The Limits of Legislative Control over the “Hard-Look” is cited in the following article: Harvard Law Review, The Presumption of Regularity in Judicial Review of the Executive Branch, 131 Harv. L. Rev. 2431 (2018).

5. Prof. Murphy’s article Separation of Powers and the Horizontal Force of Precedent is cited in the following article: Randy J Kozel, Precedent and Constitutional Structure, 112 NW. U. L. Rev. 789 (2018).

6. Two of Prof. Camp’s articles–The Failure of Adversarial Process in the Administrate State and Tax Administration as Inquisitorial Process and The Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998–are cited in the following article: Susannah Camic Tahk, The New Welfare Rights, 83 Brook. L. Rev. 875 (2018).

7. Dean Myhra’s article The Pharmacist’s Duty to Warn in Texas is cited in the following article: Paul Michael Roybal, Of Remand and Responsibility: Oakey v. May Maple Pharmacy and the Pharmacist’s Professional Standard of Care in New Mexico, 48 N.M.L. Rev. 491 (2018).

8. Prof. Spain’s article Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can be Ethically Incorporated into the Practice of Law is cited in the following section of the Iowa Rules of Professional Conduct: Limiting the scope of legal representation-Collaborative lawyering agreements, 16 Ia. Prac., Lawyer and Judicial Ethics § 5:2(c)(4) (June 2018 Update).

9. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Eric S. Fish, Against Adversary Prosecution, 103 Iowa L. Rev. 1419 (2018).

10. Prof. Loewy’s article Statutory Rape in a Post Lawrence v. Texas World is cited in the following article: Kathleen Houck, “Mistake of Age” As A Defense?: Looking to Legislative Evidence for the Answer, 55 Am. Crim. L. Rev. 813 (2018).

11. Prof. Sutton’s chapter in ADVANCING THE HUMAN RIGHT TO HEALTH entitled Emergencies, Disasters, Conflicts, and Human Rights is cited in the following article: Waseem Ahmad Qureshi, Untangling the Complicated Relationship between International Humanitarian Law and Human Rights Law in Armed Conflict, 6 Penn. St. J.L. & Int’l Aff. (2018).

12. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Richard M. Re, Fourth Amendment Fairness, 116 Mich. L. Rev. 1409 (2018).

13. Dean Nowlin’s article The Constitutional Illegitimacy of Expansive Judicial Power: A Populist Structural Interpretive Analysis is cited in the following article: Noah M. Kazis, American Unicameralism: The Structure of Local Legislatures, 96 Hastings L.J. 1147 (2018).

14. Prof.Christopher’s article (co-written by Katherine A. Austin & Darby Dickerson) entitled Will I Pass The Bar Exam?: Predicting Student Success Using LSAT Scores and Law School Performance is cited in the following article: Jennifer M. Cooper & Regan A. R. Gurung, Smarter Law Study Habits: An Empirical Analysis of Law Learning Strategies and Relationship with Law GPA, 62 St. Louis U.L.J. 361 (2018).

15. Prof. Chiappinelli’s book CASES AND MATERIALS ON BUSINESS ENTITIES is cited in the following article: Carliss N. Chatman, The Corporate Personhood Two-Step, 18 Nev. L.J. 811 (2018).

16. Prof. Loewy’s article The Fourth Amendment: History, Purpose, and Remedies is cited in the following article: Osagie K. Obasogie & Zachary Newman, The Futile Fourth Amendment: Understanding Police Excessive Force Doctrine Through an Empirical Assessment of Graham v. Connor, 112 NW. U.L. Rev. 1465 (2018).

17. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Steven P. Grossman, Making the Evil Less Necessary and the Necessary Less Evil: Towards a More Honest and Robust System of Plea Bargaining, 18 Nev. L.J. 769 (2018).

18. Prof. Henry’s article Paying-to-Play in Chapter 11 is cited in the following article: Matthew LaGrone, A Simplified “Benefit” Prong for Secured-Creditor Surcharges, 85 U. Chi. L. Rev. 1039 (2018).

19. Prof. Gonzalez’s article SOX, Statutory Interpretation, and the Seventh Amendment: Sarbanes-Oxley Act Whistleblower Claims and Jury Trials is cited in the following article: Lesley Chen, The SEC’s Forgotten Power of Exemption: How the SEC Can Receive Deference in Favor of Internal Whistleblowers Even When the Text Is Clear, 67 Emory L.J. 1043 (2018).

20. Prof. Drake’s article The Need for Experiential Legal Research Education is cited in the following article: Annalee Hickman Moser & Felicity Murphy, The Reference Assistant, 110 Law Libr. J. 59 (2018).

21. Prof. Rob Sherwin’s article #havewereallythoughtthisthrough?: Why Granting Trademark Protection to Hashtags Is Unnecessary, Duplicative, and Downright Dangerous is cited in the following article: Julia Anne Matheson & Meryl Bernstein, Trademarks as Hashtags, Not Hashtags as Trademarks, 93 Pat. Trademark & Copyright J. (BNA) 2366 (2018).

22. Prof. Brie Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid is cited in Case study: Bisphenol-A, RODGERS ENVIRONMENTAL LAW, 2d. § 31:6 (June 2018 Update).

23. Prof. Rosen’s article Targeting Enemy Forces in the War on Terror: Preserving Civilian Immunity is cited in the following article: Colonel Noam Neuman, Challenges in the Interpretation and Application of the Principle of Distinction During Ground Operations in Urban Areas, 51 Vand. J. Transnat’l L. 807 (2018).

24. Prof. Christopher’s article Eye of the Beholder: How Perception Management Can Counter Stereotype Threat Among Struggling Law Students is cited in the following article: Russell A. McClain, Bottled at the Source: Recapturing the Essence of Academic Support As A Primary Tool of Education Equity for Minority Law Students, 18 U. Md. L.J. Race, Religion, Gender & Class 139 (2018).

25. Prof. Soonpaa’s article Using Composition Theory and Scholarship to Teach Legal Writing More Effectively is cited in the following article: Kenneth R. Swift, The Seven Principles for Good Practice in (Asynchronous Online) Legal Education, 44 Mitchell Hamline L. Rev. 105 (2018).

26. Prof. Ross’s article The Negro National Anthem Controversy is cited in the following article: Cedric Merlin Powell, The Rhetorical Allure of Post-Racial Process Discourse and the Democratic Myth, 2018 Utah L. Rev. 523 (2018).

Quoted:

1. Prof. Sutton is quoted in the following article: Mark Kauffman, Trump’s ‘Space Force’ is nothing new: Here’s what the military is already up to in orbit, MASHABLE (June 19, 2018), https://mashable.com/2018/06/19/space-force-donald-trump-military/#vx2ilupDZOqr.

News:

1. An article that Professor Gerry W. Beyer co-authored entitled The Fine Art of Intimidating Disgruntled Beneficiaries With In Terrorem Clauses, 51 SMU L. Rev. 225, 226–27 (1998), was cited by the Fourth District Appellate Court of Illinois in Illinois State Bar Ass’n Mut. Ins. Co. v. Leighton Legal Grp., LLC, No. 4–17–0548, 170548 2018 WL 2328597 (Ill. App. Ct. May 22, 2018).

2. On June 4, Professor Kyle Velte was a guest on KPCC’s Airtalk and discussed the implications of the Supreme Court’s recent Masterpiece Cakeshop decision. Audio of the program may be found here. Prof. Velte filed an amicus brief for the Respondents in this case, available to read here.

3. On June 8, Horn Professor Brian Shannon lead a CLE program in El Paso entitled Ethical & Practical Issues on Mental Health.

3. On June 9, Professor Gerry W. Beyer was one of the speakers at a plenary session at the 2018 AALS Workshop for New Law School Teachers entitled Teaching Techniques in Washington, D.C. Prof. Beyer was also lead a small group discussion on June 7 entitled Setting the Stage.

4. On June 13, Professor Gerry W. Beyer was the kick-off speaker for the 42nd Annual Advanced Estate Planning and Probate Course sponsored by the State Bar of Texas in Dallas. His topic and accompanying article was entitled Case Law Update discussing recent judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters, as well as an opinion of the United States Supreme Court issued on Monday.

5. Professor Brie Sherwin has been accepted into Texas Tech University’s Teaching Academy and has been added to the 2018-2019 SEALS New Scholars Committee.

6. Also having a busy June was Professor Jamie J. Baker, who last month was accepted into the TTU’s Texas Academic Leadership Academy, became a fellow in the 2018 AALL Leadership Academy, was elected the Southwestern Association of Law Libraries Treasurer, and was appointed Vice Chair of the LexisNexis Call for Papers Committee.

7. On June 23, Professor Gerry W. Beyer made a presentation for the Legal Education Committee of the American College of Trust and Estate Council at its Summer Meeting in Chicago, Illinois on how to use student response systems (both free and fee-based) in law school classes.

8. On June 28, Professor Gerry W. Beyer received notice from the American Bar Association that he was reappointed as the Keeping Current – Probate Editor for Probate and Property, a magazine published by the ABA’s Section of Real Property, Trust and Estate Law. Prof. Beyer has held this position since 1992.

May 2018 Law Faculty Publications & News

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

Articles:

  1. Gerry W. Beyer, Potpourri, 56-2 Real Est., Prob., & Tr. L. Rep. 3 (2018).
  1. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 56-2 Real Est., Prob., & Tr. L. Rep. 4 (2018).
  1. Wendy Tolson Ross, It Takes a Village: Empowering the Dead Broke Parent, 17 Whittier J. Child & Fam. Advoc. 42 (2018).
  1. Gerry W. Beyer, Digital Assets: The Basics of Cyberspace Estate Planning, 81 Tex. B.J. 342 (2018).
  1. Robert T. Sherwin, Shoot First, Litigate Later: Declaratory Judgment Actions, Procedural Fencing, and Itchy Trigger Fingers, 70 Okla. L. Rev. 793 (2018).

Books:

  1. Gerry W. Beyer, Texas Law of Wills (9 & 10 Tex. Prac.) (4th ed. 2018).

Op-Ed:

  1. Arnold Loewy & Charles Moster, It’s Debatable: Do states have the right to secede from the Union?, Lubbock Avalanche-J. (May 20, 2018 09:18 am), www.lubbockonline.com/opinion/20180520/its-debatable-do-states-have-right-to-secede-from-union.

Cited:

  1. Prof. Metze’s article entitled The Attorney-Client Working Relationship: A Comparison of In-Person Versus Videoconferencing Modalities is cited in the following article: Josh Sherman, Double Secret Protection: Bridging Federal and State Law to Protect Privacy Rights for Telemental and Mobile Health Users, 67 Duke L.J. 1115 (2018).
  1. Prof. Batra’s article Improving the Uniform Partition of Heirs Property Act is cited in the following article: Keeping Current-Probate, 32 Prob. & Prop. 46 (2018).
  1. Prof. Alex Pearl’s article How to Be an Authentic Indian is cited in the following article: Carl Tobias, President Donald Trump and Federal Bench Diversity, 74 Wash. & Lee L. Rev. Online 400 (2018).
  1. Prof. Beyer’s article The Texas Revised Uniform Fiduciary Access to Digital Assets Act: A Primer for Estate Planners is cited in the following article: Sandra Reed, Dealing with digital assets in a decedent’s estate, Glen Rose Reporter (April 30, 2018, 8:50 am) http://www.yourglenrosetx.com/news/20180430/dealing-with-digital-assets-in-decedents-estate.
  1. Prof. Camp’s article Lesson from the Tax Court: The Turbo-Tax Defense is cited in th following article: Tax Program Glitches; Tax Court Leniency on Penalties, Interest?, 128 J. Tax’n 45 (2018).
  1. Prof. Casto’s book The Supreme Court in the Early Republic: The Chief Justice-ships of John Jay and Oliver Ellsworth is exhaustively cited in the following article: Scott Douglas Gerber, The Supreme Court Before John Marshall, 14 U. St. Thomas L.J. 27 (2018). There Were Great Men Before Agamemnon and James Iredell and the American Origins of Judicial Review, two articles by Prof. Casto, are also cited in Mr. Gerber’s piece.
  1. Prof. Murphy & Afsheen John Radsan’s article Due Process and Targeted Killing of Terrorists is cited in the following article: Alexander K.A. Greenawalt, Targeted Capture, 59 Harv. Int’l L.J. 1 (2018).
  1. Prof. Gonzalez’s article A Matter of Life and Death – Why the ADA Permits Mandatory Periodic Medical Examinations of “Remote-Location” Employees is cited in the following article: Ilene N. Moore, Screening Older Physicians for Cognitive Impairment: Justifiable or Discriminatory?, 28 Health Matrix 95 (2018).
  1. Prof. Rob Sherwin’s comment ‘‘Source” of Protection: The Status of the Reporter’s Privilege in Texas and a Call to Arms for the State’s Legislators and Journalists is cited in the following article: Alan Wehbé, The Free Press and National Security: Renewing the Case for A Federal Shield Law, 16 First Amend. L. Rev. 512 (2018).
  1. Prof. Rob Sherwin’s article #havewereallythoughtthisthrough?: Why Granting Trademark Protection to Hashtags is Unnecessary, Duplicative, and Downright Dangerous is cited in the following article: Kendall Salter, The Trouble with Tags: Seeking Mark Protection for Corporate Branded Hashtags-More Trouble Than It’s Worth?, 43 J. Corp. L. 699 (2018).
  1. Prof. Sutton’s book Nanotechnology, Law and Policy: Cases and Materials is cited in the following article: Dario Picecchi, Tiny Things with a Huge Impact: The International Regulation of Nanomaterials, 7 Mich.J. Envtl. & Admin.L. 447 (2018).
  1. Prof. Loewy’s article Obscenity, Pornography, and First Amendment Theory is cited in the following article: Edward B. Foley, The Gerrymander and the Constitution: Two Avenues of Analysis and the Quest for A Durable Precedent, 59 Wm. & Mary L. Rev. 1729 (2018).
  1. Prof. Christopher’s article Eye of the Beholder: How Perception Management Can Counter Stereotype Threat Among Struggling Law Students is cited in the following article: Russell A. McClain, Bottled at the Source: Recapturing the Essence of Academic Support as a Primary Tool of Education Equity for Minority Law Students, 18 U. Md. L.J. Race Relig. Gender & Class 139 (2018).
  1. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Bernard Chao, Catherine Durso, Ian Farrell, & Christopher Robertson, Why Courts Fail to Protect Privacy: Race, Age, Bias, and Technology, 106 Cal. L. Rev. 263 (2018).
  1. Prof. Beyer & Kerri G. Nipp’s article Practical Planning for Digital Assets and Administration of Digital Assets by Fiduciaries is cited in the following article: Estate Planning-Digital Inheritance-Massachusetts Supreme Judicial Court Holds That Personal Representatives May Provide Lawful Consent for Release of a Decedent’s Emails., 131 Harv. L. Rev. 2081 (2018).
  1. Prof. Beyer’s article Pet Animals: What Happens When Their Humans Die? Is cited extensively in the following article: Andrew B. F. Carnabuci, Avoiding the Fate of Argos: The Duty of Pet Trust Protectors in Connecticut, 31 Quinnipiac Prob. L.J. 281 (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: Steve Young, Changing Governance Models by Applying Blockchain Computing, 26 Cath. U. J. L. & Tech (2018).
  1. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: David Berke, Reworking the Revolution: Treasury Rulemaking & Administrative Law, 7 Mich. J. Envtl. & Admin. L. 353 (2018).
  1. Prof. Murphy’s article Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: David Berke, Reworking the Revolution: Treasury Rulemaking & Administrative Law, 7 Mich. J. Envtl. & Admin. L. 353 (2018).

Quoted:

  1. Prof. Velte is quoted in the following article: John Austin, Texas case puts kids, discrimination claims and gay rights in the spotlight, Huntsville Item (May 17, 2018), http://www.itemonline.com/news/local_news/texas-case-puts-kids-discrimination-claims-and-gay-rights-in/article_f0344559-95ef-5cee-b6fc-18f8beba7cc4.html.

News:

  1. On May 2, Professor Brian Shannon made a presentation about Athletics Compliance Issues at the annual Big 12 Internal Audit Conference.
  1. On May 3, Professor Gerry W. Beyer presented his paper entitled Cyber Estate Planning and Administration at the Estate Planning 2018 Seminar sponsored by the Midland College Foundation and the Midland Memorial Hospital Foundation in Midland, Texas.
  1. On May 10, Professor Gerry W. Beyer was the lead-off speaker at the 32nd Annual Estate Planning & Probate Section All-Day CLE sponsored by the Austin Bar Association. Prof. Beyer presented his paper entitled Practical Planning for Digital Assets and Administration of Digital Assets.
  1. On May 10, Professor Brian Shannon was the luncheon speaker at the Tom Green County Bar Association in San Angelo on the topic of Recent NCAA Litigation.
  1. On May 11, Professor Gerry W. Beyer presented a half-day program in Galveston, Texas at the Probate Academy sponsored by the Texas Association of Counties. To an audience of over 270 Constitutional County Court judges and their clerks, Prof. Beyer spoke on the following topics:
  • Appellate Case Law Update,
  • The Basics of Texas Intestate Succession Law,
  • Heirship Proceedings, and
  • Estate Planning Highlights of the 2017 Texas Legislature
  1. On May 15, Professor Wesley Cochran offered on-air analysis for KTTZ-FM radio relative to the U.S. Supreme Court’s recent decision in Murphy v. NCAA, which held that the Professional and Amateur Sports Protection Act is unconstitutional.
  1. On May 15, Professor Brian Shannon attended the inaugural meeting of the Texas Judicial Commission on Mental Health in Austin.
  1. On May 16-18, Professors Jamie J. Baker, Tracy Pearl, and Victoria Sutton each gave presentations at the sixth annual Conference on Governance of Emerging Technologies: Law, Policy, and Ethics at the Beaus Center for Law and Society in Phoenix, Arizona. Professor Baker previewed her forthcoming article, 2018: A Legal Research Odyssey. Professor Pearl presented her paper Compensation at the Crossroads: Autonomous Vehicles and Alternative Victim Compensation Schemes. Professor Sutton’s talk was entitled Cyborgs — Should we be better than we are?.
  1. Professor Gerry W. Beyer’s article, which he co-authored with attorney Lora Davis, entitled How the 2017 Texas Legislature Modernized Durable Powers of Attorney debuted at the top of the SSRN Elder Law Studies eJournal Top Recent Papers list. This article is also ranked #2 on the SSRN Wills, Trusts, & Estates Law eJournal Top Recent Papers list.
  1. On May 29, Professor Gerry W. Beyer was the guest speaker at a meeting of the Probate, Trusts, and Estates Section of the Houston Bar Association. The topic of his presentation and accompanying article was Cyber Estate Planning and Administration.
  1. In May 2018, Horn Professor Brian Shannon was appointed by NCAA President Mark Emmert to one of eight working groups to address recommendations from the independent Commission on College Basketball, which was chaired by Condoleezza Rice. Shannon’s working group will focus on issues regarding agents and advisors.

 

April 2018 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 1 to April 30, 2018.

Articles:

  1. Jamie J. Baker, Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society, 69 S.C.L. Rev. 557 (2018).
  1. Gerry W. Beyer, Uncaging the Donee’s Freedom [reviewing Mark Glover, Freedom of Inheritance, 2017 Utah L. Rev. 283 (2017)], 2018 Jotwell: J. Things We Like 1 (2018).

Cited:

  1. Prof. Gonzalez’s article Employment Law Remedies for Illegal Immigrants is cited in the following article: Michael Z. Green, Developing Workplace Law Programming: A Labor of Love, 86 UMKC L. Rev. 521 (2018).
  1. Prof. Weninger’s article The VW Diesel Emissions Scandal and the Spanish Class Action is cited in the following article: Richard Marcus, Revolution v. Evolution in Class Action Reform, 96 N.C.L. Rev. 903 (2018).
  1. Prof. Loewy’s article A Proposal for the Universal Collection of DNA is cited in the following article: Mary Graw Leary, Touch DNA and Chemical Analysis of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, 26 Wm. & Mary Bill Rts. J. 251 (2017).
  1. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Christopher B. Mueller, “Make Him an Offer He Can’t Refuse” – Mezzanatto Waivers as Lynchpin of Prosecutorial Overreach, 82 Mo. L. Rev. 1023 (2017).
  1. 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 S. Price, Funding Restrictions and Separation of Powers, 71 Vand. L. Rev. 357 (2018).
  1. Prof. Casto’s article The Federal Courts’ Protective Jurisdiction over Torts Committed in Violation of the Law of Nations is cited in the following article: Seth Davis & Christopher A. Whytock, State Remedies for Human Rights, 98 B.U.L. Rev. 397 (2018).
  1. Prof. Beyer’s article Wills and Trusts (2009) is cited in the following article: Kristine S. Knaplund, “Adoptions Shall Not Be Recognized”: The Unintended Consequences for Dynasty Trusts, 7 UC Irvine L. Rev. 545 (2017).
  1. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in the following article: Helen Hershkoff & Marcel Kahan, Forum-Selection Provisions in Corporate “Contracts”, 93 Wash. L. Rev. 265 (2018).
  1. Prof. Weninger’s article Amended Federal Rule of Evidence 408: Trapping the Unwary was cited in the following article: Richard C. Reuben, Rethinking the Law of Legal Negotiation: Confidentiality Under Federal Rule of Evidence 408 and Related State Laws, 59 B.C.L. Rev. 523 (2018).
  1. Prof. Beyer & Claire G. Hargrove’s article Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? is exhaustively cited in the following article: Harvard Law Review, What Is an “Electronic Will”?, 131 Harv. L. Rev. 1790 (2018).
  1. Prof. Robert Sherwin’s article #havewereallythoughtthisthrough?: Why Granting Trademark Protection to Hashtags is Unnecessary, Duplicative, and Downright Dangerous is cited extensively in the following article: Kendall Slater, The Trouble with Tags: Seeking Mark Protection for Corporate Branded Hashtags-More Trouble Than It’s Worth?, 43 J. Corp. L. 699 (2018).
  1. Prof. Krahmer’s article Commercial Transactions is cited in Preserving the commercial reasonableness standard, 15 Tex. Prac., Texas Foreclosure Law & Prac. § 6.11.
  1. 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 & Rebecca H. Williams, Rural Justice, 41 L.A. Law. 26 (2018).
  1. Prof. Christopher’s article Mobile Banking: The Answer for the Unbanked in America? Is cited in the following article: Adrian A. Vivar, It’s (Almost) My Money and I Need It Now: Facilitating Information to Encourage Competition in Tennessee’s Payday Lending Markets, 48 U. Mem. L. Rev. 671 (2017).
  1. Prof. Sutton’s article Asking the Right Questions: Body Scanners, Is Salus Populi Supreme Lex the Answer? Is cited in the following article: Cole Antolak, Airport Security: Over-Reaching New Heights, 18 Pitt. J. Tech. L. & Pol’y 59 (2018).
  1. Prof. Chiappinelli”s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in the following article: Helen Hershkoff & Marcel Kahan, Forum-selection Provisions in Corporate “Contracts, 93 Wash. L. Rev. 265 (2018).
  1. Prof. Beyer’s article Avoiding the Estate Planning “Blue Screen of Death”—Common Non-Tax Errors and How to Prevent Them is cited in the following article: William E. Foster & Andrew L. Lawson, When to Praise the Machine: The Promise and Perils of Automated Transactional Drafting, 69 S.C.L. Rev. 597 (2018).
  1. Prof. Camp’s article Theory and Practice in Tax Administration is cited in the following article: Andrea Monroe, Hidden in Plain Sight: IRS Publications and A New Path to Tax Reform, 21 Fla. Tax Rev. 81 (2017).
  1. Prof. Murphy’s work with Charles H. Koch on various sections of Admin. L. & Prac. is extensively cited in multiple sections of the May 2018 update to 40 Mass. Prac., Administrative Law & Practice.

Quoted:

  1. Prof. Beyer is quoted in the following article: Patrick J. Kiger, A Will is Part of Every Soldier’s Battle Plan, HowStuffWorks (April 10, 2018) https://money.howstuffworks.com/personal-finance/financial-planning/will-is-part-of-every-soldiers-battle-plan.htm.
  1. Prof. Tracy Pearl is quoted in the following article: Alex Swoyer, Mark Zuckerberg’s lawyers: No liability in Facebook’s mishandling of millions’ personal data, Wash. Times (April 10, 2018) https://www.washingtontimes.com/news/2018/apr/10/mark-zuckerberg-admits-to-mistakes-but-lawyers-ins/.
  1. Prof. Ramirez is quoted in the following article: Jayme Lozano, Experts explore DACA debate during Texas Tech panel, Lubbock Avalanche-J (April 21, 2018 07:29 pm), http://www.lubbockonline.com/news/20180421/experts-explore-daca-debate-during-texas-tech-panel.
  1. Prof. Camp is quoted in the following article: Andrew Velarde, Finnegan’s Wake Could Swamp Preparer Fraud Statute of Limitations, 2018 TNT 81-3 (April 26, 2018).
  1. Prof. Camp is quoted in the following article: Kristen Parillo, Will new Treasury-OMB agreement enhance tax rulemaking process?, 5 MLex US Tax Watch 4 (2018).
  1. Prof. Camp is quoted in the following article: Andrew Velarde, Finnegan Briefs Consider Preparer Fraud Statute of Limitations, 2018 Txn 18-29 (April 30, 2018).

News:

  1. Professor Gerry W. Beyer’s article, Who Said Learning Trusts & Estates Can’t Be Fun?, 58 St. Louis L.J. 714 (2014), has been selected for inclusion in the EduRN launch as part of the EduRN: Legal Scholarship Education. This article is available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2417285.
  1. On April 3-5, Professor Rishi Batra co-chaired the ABA Representation in Mediation Competition in Washington, DC.
  1. On April 4, Professor Brie Sherwin gave a presentation entitled Climate Change and Our Environmental Health: Why We Need Transparency and Science Now More Than Ever to the TTU Graduate School of Biomedical Sciences.
  1. On April 6, Professor Rishi Batra spoke as part of a panel at the ABA Section on Dispute Resolution Spring Conference entitled Toward Integrating ADR Teaching, Writing, Theory, and Practice.
  1. On April 6, Professor Gerry W. Beyer was the featured speaker at the April meeting of the Lubbock County Young Lawyers Association in Lubbock, Texas. His presentation and accompanying article were entitled Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.
  1. On April 6, Professor Brie Sherwin spoke as part of the Spring 2018 Seminar Series to the TTU Association of Natural Resource Scientists. Her presentation was entitled What We Can Learn from the Dunes Sagebrush Lizard: A Discussion of Science and Policy in the Context of the Endangered Species Act.
  1. On April 10, Professor Gerry W. Beyer spoke to the Osher Lifelong Learning Institute in Lubbock. His presentation was entitled Don’t Let the Airlines Take You for a Ride! Know Your Flight Rights. A recording of the presentation is available by following this link: https://mediaservices.law.ttu.edu/Panopto/Pages/Viewer.aspx?id=725f62fe-00ea-4c03-846f-0649561847bb.
  1. On April 13, Professor Gerry W. Beyer travelled to McKinney, Texas to speak at a meeting of the Estate Planning and Probate Section of the Collin County Bar Association. His presentation and accompanying article were entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice.
  1. Professor Brian Shannon has been appointed to a two-year term on the State of Texas Judicial Commission on Mental Health, which was established in January to assist the Texas Supreme Court and the Court of Criminal Appeals to better serve people struggling with mental health issues.
  1. On April 24, Professor Gerry W. Beyer was the guest speaker at a meeting of the Probate, Trusts, and Estates Section of the Dallas Bar Association. To an audience of approximately 200 Dallas probate attorneys, Prof. Beyer presented his paper entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice.
  1. To an audience of approximately 500 attorneys and other estate planning professionals, Professor Gerry W. Beyer spoke on April 27 at the 37th Annual Kansas City Estate Planning Symposium. His presentation and accompanying article were entitled Trusts for Pets, Drugs, and Lock and Load.

March 2018 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 1 to March 31, 2018.

Book Chapters:

  1. Rishi Batra, Integrative v. Distributive Bargaining in NEGOTIATOR’S DESK REFERENCE (Andrea Schneider and Christopher Honeyman, eds., 2018).

Articles:

  1. Patrick S. Metze, Dissecting the ABA Texas Capital Punishment Assessment Report of 2013: Death and Texas, A Surprising Improvement, 51 Akron L. Rev. 219 (2017).
  1. Stephen T. Black, The Copyright Box Model, 41 Seattle U.L. Rev. 179 (2017).
  1. Gerry W. Beyer & Lora G. Davis, How the 2017 Texas Legislature Modernized Durable Powers of Attorney, Est. Plan. Dev. for Tex. Prof., Mar. 2018, at 1.
  1. Gerry W. Beyer, Keeping Current—Probate, 32 Prob. & Prop. 16 (2018).
  1. Brie D. Sherwin, Regulating Coal Ash Waste in the Trump Era, 37 Stan. Envtl. L.J. 75 (2017).
  1. Gerry W. Beyer, Keeping Current—Probate, 32 Prob. & Prop. 16 (2018).

Cited:

  1. Prof. Sutton’s article Is There a Doctor (and a Lawyer) in the House? Why Our Good Samaritans Laws Are Doing More Harm than Good for a National Public Health Security Strategy: A Fifty-State Survey is cited in the following article: Sarah Munger, Bill Emerson’s Makeover: Reforming the Bill Emerson Good Samaritan Food Donation Act, 19 Vt. J. Envtl. L. 64 (2018).
  1. Prof. Velte’s article Paths to Protection: A Comparison of Federal Protection Based on Disability and Sexual Orientation is cited in the following article: Jennifer Jolly-Ryan, Ebolamania and Equal Protection of Health Care Workers Under Rational Basis with Bite Review, 120 W. Va. L. Rev. 575 (2017).
  1. Prof. Beyer’s article Target Best Practices for Guns Included in an Estate is cited in the following article: Michael Bell, Bridging the Gap Between Mental Illness and Firearms in Probate Courts, 10 Est. Plan. & Community Prop. L.J. 125 (2017).
  1. Administrative Law: Cases and Material, written by Prof. Murphy, Charles H. Koch, Jr., and William S. Jordan III, is cited in the following article: Kourtney Lanea Kech, Supply and Demand, One and the Same Since When?: The EPA’s Failed Attempt to Find A Loophole in the Renewable Fuel Standard, 5 LSU J. Energy L. & Resources 397 (2017).
  1. Administrative Law and Practice, written by Prof. Murphy and Charles H. Koch, Jr., is cited in the following article: Max Schanzenbach & Nadav Shoked, Reclaiming Fiduciary Law for the City, 70 Stan. L. Rev. 565 (2018).
  1. Prof. James’s article Twenty-First Century Pirates of the Caribbean: How the Organization for Economic Cooperation and Development Robbed Fourteen Caricom Countries of Their Tax and Economic Policy Sovereignty is cited in the following article: Stephen T. Black, The Copyright Box Model, 41 Seattle U.L. Rev. 179 (2017).
  1. Prof. Gonzalez’s article A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure is cited in the following article: Andrew Gray, Saving the Jury-Trial Waiver Through Forum Selection, 67 DePaul L. Rev. 1 (2017).
  1. Prof. Metze’s article The Attorney-Client Working Relationship: A Comparison of In-Person Versus Videoconferencing Modalities, written with Brendan R. McDonald and Robert D. Morgan, is cited in the following article: Josh Sherman, Double Secret Protection: Bridging Federal and State Law to Protect Privacy Rights for Telemental and Mobile Health Users, 67 Duke L.J. 1115 (2018).
  1. Prof. Camp’s article More on the Successful Challenge to the Anti-Inversion Regulations, Procedurally Taxing is cited in the following article:  Daniel J. Hemel, The Living Anti-Injunction Act, 104 Va. L. Rev. Online 74 (2018).
  1. Prof. Sutton’s article Is There a Doctor (and a Lawyer) in the House? Why Our Good Samaritans Laws Are Doing More Harm than Good for a National Public Health Security Strategy: A Fifty-State Survey is cited in the following article: Sarah Munger, Bill Emerson’s Makeover: Reforming the Bill Emerson Good Samaritan Food Donation Act, 19 Vt. J. Envtl. L. 64 (2018).
  1. Prof. Gonzalez’s article Employment Law Remedies for Illegal Immigrants is cited extensively throughout the following article: Rita Trivedi, Restoring a Willingness to Act: Identifying and Remedying the Harm to Authorized Employees Ignored Under Hoffman Plastics, 51 U. Mich. J.L. Reform 357 (2018).
  1. Prof. Velte’s article Obergefell’s Expressive Promise is cited in the following article: Noah B. Lindell, The Dignity Canon, 27 Cornell J.L. & Pub. Pol’y 415 (2017).
  1. Prof. Beyer’s article Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns is cited in An attorney–client relationship, 48 Tex. Prac., Tex. Lawyer & Jud. Ethics § 2:4 (2018 ed.).
  1. Prof. Camp’s article ‘Loving’ Return Preparer Regulation is cited in the following article: Pippa Browde, A Consumer Protection Rationale for Regulation of Tax Return Preparers, 101 Marq. L. Rev. 527 (2017).
  1. Prof. Beyer and Professor Shannon’s book Skills & Values: Property Law is cited in the following article: Jennifer Wallace, Shared Meter Setups: A Harmful Gap in Texas Landlord-Tenant Law That Needs to Be Filled, 50 Tex. Tech L. Rev. 375 (2018).
  1. Prof. Metze’s work as Director of the Texas Tech School of Law’s Capital Punishment Clinic is recognized in the following article: James D. Bethke & Morgan Shell, Public Defense Innovation in Texas, 51 Ind. L. Rev. 111 (2018).
  1. Prof. Murphy’s article Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: Tessa Davis, Tax and Social Context: Legal Fictions Within Tax, 4 Savannah L. Rev. 31 (2017).
  1. Prof. Beyer’s articles The Will Execution Ceremony and How to Conduct a Modern Texas Will Execution are recognized in the following article: Hon. Steve M. King, Hot Spots: Will Drafting Tips from the Bench, 81 Tex. B.J. 168 (2018).
  1. 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: Maya Manian, Side Effects of the Abortion Wars, 38 Women’s Rts. L. Rep. 362 (2017).
  1. 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: Thaddeus Mason Pope, Brain Death Forsaken: Growing Conflict and New Legal Challenges, 37 J. Legal Med. 265 (2017).
  1. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in Jurisdiction and standing, 11 Bus. & Com. Litig. Fed. Cts. § 116:21 (4th ed.).
  1. Prof. Murphy and Sidney A. Shapiro’s article Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Jason Iuliano, The Supreme Court’s Noble Lie, 51 U.C. Davis L. Rev. 911 (2018).
  1. 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 & Rebecca H. Williams, Rural Justice, L.A. Law. 26 (2018).
  1. 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: Andrew J. Lawton, The Flint Water Crisis: A National Warning of Failing Infrastructure, 19 Marq. Benefits & Soc. Welfare L. Rev. 85 (2017).
  1. Prof. Weninger’s article The VW Diesel Emissions Scandal and the Spanish Class Action is cited in the following article: Richard Marcus, Secrecy: Revolution v. Evolution in Class Action Reform, 96 N.C.L. Rev. 903 (2018).
  1. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Richard Marcus, Revolution v. Evolution in Class Action Reform, 96 N.C.L. Rev. 903 (2018).
  1. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Judith Resnik, A2J/A2K: Access to Justice, Access to Knowledge, and Economic Inequalities in Open Courts and Arbitrations, 96 N.C.L. Rev. 605 (2018).
  1. Three of Prof. Beyer’s articles were cited in the March 2018 update of the Restatement (Third) of Property (Wills & Don. Trans.) § 3.1:

Gerry W. Beyer, Statutory Fill-In-the-Blank Will Forms, Prob. & Prop., Nov.-Dec. 1996, at 26.

Gerry W. Beyer, Statutory Fill-in Will Forms—the First Decade: Theoretical Constructs and Empirical Findings, 72 Or. L. Rev. 769 (1993).

Gerry W. Beyer, Statutory Will Methodologies—Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence?, 94 Dick. L. Rev. 23 (1990).

  1. 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 S. Price, Funding Restrictions and Separation of Powers, 71 Vand. L. Rev. 357 (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: Rory Van Loo, Making Innovation More Competitive: The Case of Fintech, 65 UCLA L. Rev. 232 (2018).
  1. Prof. Rosen’s article Civilian Courts and the Military Justice System: Collateral Review of Courts-Martial is cited in the following article: Russell Spivak, Undue Sacrifice: How Female Sexual Assault Victims Fight the Military While Fighting in the Military, 25 Duke J. Gender L. & Pol’y 77 (2017).

Quoted:

  1. Prof. Beyer is quoted in the following article: Christian S. Kelso, Esq., But What’s an Ascertainable Standard? Clarifying Hems Distribution Standards and Other Fiduciary Considerations for Trustees, 10 Est. Plan. & Community Prop. L.J. 1 (2017).
  1. Prof. Beyer is extensively cited and quoted in the following article: Gus G. Tamborello, In Terrorem Clauses: Are They Still Terrifying?, 10 Est. Plan. & Community Prop. L.J. 63 (2017).
  1. Prof. Camp is quoted in the following article: Daniel J. Hemel, The Living Anti-Injunction Act, 104 Va. L. Rev. Online 74 (2018).

News:

  1. On March 2, Professor Gerry W. Beyer presented his paper entitled Morals From the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice at the 10th Annual Estate Planning and Community Property Law Journal CLE & Expo held at Texas Tech.
  1. On March 9, Professor Gerry W. Beyer served as the lead-off speaker to an audience of approximately 250 leading estate planning practitioners and academics from around the country at a seminar entitled State Law Pitfalls: Don’t Step in It When Your Client Steps Across State Lines at the Annual Meeting of the American College of Trust and Estate Counsel in San Antonio, Texas. His paper with the same name accompanied his presentation.
  1. Also on March 9, Professor Gerry W. Beyer was elected as one of the 39 Regents who govern The American College of Trust and Estate Counsel (ACTEC). ACTEC is a nonprofit association of lawyers and law professors skilled and experienced in the preparation of wills and trusts; estate planning; and probate procedure and administration of trusts and estates of decedents, minors and incompetents. Its more than 2,600 members practice throughout the United States, Canada and other foreign countries. To qualify for membership, a lawyer must have no less than 10 years’ experience in the active practice of probate and trust law or estate planning. Lawyers and law professors are elected to be Fellows based on their outstanding reputation, exceptional skill, and substantial contributions to the field by lecturing, writing, teaching and participating in bar activities. It is their aim to improve and reform probate, trust and tax laws, procedures, and professional responsibility.
  1. On March 13, Professor Rishi Batra gave a guest lecture at UC Davis School of Law entitled Plea Bargaining as ADR.
  1. On March 21, Professor Gerry W. Beyer was a speaker at the 2017 Spring Judicial Education Session sponsored by the Texas Association of Counties in Lubbock, Texas. To an audience of over 125 Texas Constitutional County Court judges, Prof. Beyer provided guidance on Heirship Proceedings.
  1. On March 23, Professor Gerry W. Beyer spoke at the Spring Meeting of the Special Needs Alliance, a national organization comprised of attorneys committed to helping individuals with disabilities, their families, and the professionals who serve them, in San Diego, California. His presentation and accompanying paper were entitled Digital Assets and Special Needs Planning.