October 2017 Law Faculty Publications & News

Throughout October 2017, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of daily alerts for October 1 to October 31, 2017.

Books:

  1. Gerry W. Beyer, BEYER’S TEXAS PROPERTY CODE ANNOTATED WITH RELATED TEXAS LAW (2017 ed.).
  2. Vaughn E. James, TEXAS ELDER LAW (2018 ed.).

Articles:

  1. M. Alexander Pearl & Kyle Velte, Indigenizing Equality, 35 Yale L. & Pol’y Rev. 461 (2017).
  2. William R. Casto, Advising Presidents: Private Advice vs. Public Advocacy, 43 Ohio N.U.L. Rev. 405 (2017).
  3. Gerry W. Beyer, Wills & Trusts, 3 SMU Ann. Tex. Surv. 465 (2017).
  4. Rishi Batra, Improving the Uniform Partition of Heirs Property Act, 24 Geo. Mason L. Rev. 743 (2017).
  5. Gerry W. Beyer, The Texas Revised Uniform Fiduciary Access to Digital Assets Act: A Primer for Estate Planners, Est. Plan. Dev. Tex. Prof., Oct. 2017, at 1, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3038052.
  6. Stephen T. Black, The Copyright Box Model, 41 Seattle U. L. Rev. 179 (2017).

Op-Ed:

  1. Arnold Loewy & Charles Moster, It’s Debatable: Was it appropriate for Trump to criticize players?, LUBBOCK AVALANCHE-J. (Oct. 13, 2017 08:56 pm).
  2. Arnold Loewy & Charles Moster, It’s Debatable: Commerce Clause: Worst court decision ever?, LUBBOCK AVALANCHE-J. (Oct. 27, 2017 08:57 pm).

Cited:

  1. Prof. Murphy’s work with Charles H. Koch, Jr. on ADMINISTRATIVE LAW & PRACTICE § 5:61 (3d ed. 2010) is cited in the following article: Rebecca Kunkel, Law Libraries and the Future of Public Access to Born-Digital Government Information, 109 Law Libr. J. 67 (2017).
  2. Prof. Camp’s article ‘Loving’ Return Preparation Regulation, 140 TXN 457 is cited in the following article: Dennis B. Drapkin, Some Recommendations for Revising Circular 230, 2017 TXN 41-39.
  3. Prof. Baker’s Ginger (Law) Librarian blog is cited in Best of the Legal Blogs, 22 No. 10 Internet L. Researcher NL 3 (October 2017).
  4. Prof. Murphy and Sidney A. Shapiro’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Robert L. Glicksman & Emily Hammond, Agency Behavior and Discretion on Remand, 32 J. Land Use & Envtl. L. 483 (2017).
  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: William R. Casto, Advising Presidents: Private Advice vs. Public Advocacy, 43 Ohio N.U.L. Rev. 405 (2017).
  6. Prof. Murphy’s article Richard Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: Stephanie Hunter McMahon, Pre-enforcement Litigation Needed for Taxing Procedures, 92 Wash. L. Rev. 1317 (2017).
  7. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: Stephanie Hunter McMahon, Pre-enforcement Litigation Needed for Taxing Procedures, 92 Wash. L. Rev. 1317 (2017).
  8. Prof. Sutton’s article Is There a Doctor (and a Lawyer) in the House? Why our Good Samaritan, Laws are Doing More Harm Than Good for a National Public Health Security Strategy: A Fifty-State Survey is cited in the following article: Corey S. Davis & Derek H. Carr, The Law and Policy of Opioids for Pain Management, Addiction Treatment, and Overdose Reversal, 14 Ind. Health L. Rev. 1 (2017).
  9. Prof. Camp’s article “Loving” Return Preparer Regulation (Doc 2013-14799) is cited in the following article: Dennis B. Drapkin, Some Recommendations for Revising Circular 230, 2017 TPR 42-1.
  10. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Russell M. Gold, “Clientless” Prosecutors, 51 Ga. L. Rev. 693 (2017).
  11. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Russell M. Gold, Carlissa Byrne Hessick, and F. Andrew Hessick, Civilizing Criminal Settlements, 97 B.U.L. Rev. 1607 (2017).
  12. Prof. Camp’s article The Retroactivity of Treasury Regulations: Paths to Finding Abuse of Discretion is cited in the following note: Leonard I. Greenberg, Phantom of the 50(d) Income, 97 B.U.L. Rev. 1843 (2017).

Quoted:

  1. Prof. Metze is quoted in the following newspaper article: Michael Cantu, Accused killer faces federal charges, LUBBOCK AVALANCHE-J. (Oct. 12, 2017), http://www.dailytoreador.com/news/accused-killer-now-faces-federal-charges/article_c271c444-af16-11e7-9ee9-2b38e55ad2c0.html.
  2. Prof. Huffman is quoted in the following newspaper article: John Sowell, Army Sgt. Bowe Bergdahl admits to desertion, doubted he could get a fair trial, Idaho Statesman (Oct. 16, 2017 08:37 am), http://www.idahostatesman.com/news/local/military/bowe-bergdahl/article179081226.html.
  3. Prof. Huffman is quoted in the following newspaper article: Jenny Jarvie, Sentencing to begin in Bowe Bergdahl’s court-martial, L.A. Times (Oct. 25, 2017 03:00 am), http://www.latimes.com/nation/la-na-bergdahl-sentencing-20171025-story.html.

News:

  1. On October 3, Professor Tracy Pearl participated in a public discussion on climate change and clean-energy solutions hosted by faculty members from the College of Media & Communication, the College of Arts & Sciences, the College of Agricultural Sciences & Natural Resources and the Honors College as part of a campus-wide dialogue series entitled “Civil Counterpoints.” Other participants included Katharine Hayhoe, professor in the Texas Tech Department of Political Science at and director of the Tech Climate Science Center; Michael Giberson, associate professor of practice in the Jerry S. Rawls College of Business Administration; and Tom Smith, director of special projects in the Texas Public Citizen’s office.
  2. On October 4, 2017, Professor Gerry W. Beyer spoke to a group non-attorneys in Honolulu about digital asset planning. His presentation, Have You Made Preparations to Protect Your Valuable “Digital Assets” in Case of Disability or Death was sponsored by 3D Wealth Advisors.
  3. On October 5, 2017, Professor Gerry W. Beyer was the speaker for the “Professional Advisor Continuing Education Series” presented by The University of Hawaii Foundation Office of Estate and Gift Planning in Honolulu, Hawaii.  His presentations and accompanying articles were entitled Cyber Estate Planning and Administration and Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.
  4. Professor Gerry W. Beyer was recently notified by the Texas Bar College that for the thirty-second consecutive year he has qualified for membership in the Texas Bar College in recognition of his speaking and attendance at continuing legal education programs.
  5. On October 16, 2017, Professor Gerry W. Beyer was a guest speaker for the Osher Lifelong Learning Institute in Fredericksburg, Texas. His presentation was entitled Do You Have Annoying Neighbors?, a lighthearted and informational look at property annoyances.
  6. On October 17, 2017, Professor Gerry W. Beyer was the featured speaker at a meeting of the San Antonio Estate Planners Council in San Antonio. To an audience of over 160 estate planning attorneys, CPAs, and financial planners, Prof. Beyer explained the Estate Planning Highlights of the 2017 Texas Legislature. Prof. Beyer authored a detailed article which accompanied his presentation.
  7. On October 19, 2017, Prof. Gerry W. Beyer served on a panel along with Ken Barczak (Fox, O’Neill & Shannon, S.C., Milwaukee, Wisconsin) and Prof. Sally Brown Richardson (Tulane Law School) to discuss the interface between digital property and community property at the Fall meeting of the American College of Probate Counsel’s Digital Property Committee in Nashville, Tennessee.
  8. On October 26, 2017, Prof. Gerry W. Beyer was a speaker at the Forty-Third Annual Notre Dame Tax and Estate Planning Institute in South Bend, Indiana. His presentation and accompanying paper were entitled Practical Planning for Digital Assets and Administration of Digital Assets by Fiduciaries.

September 2017 Law Faculty Publications & News

Throughout September 2017, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of daily alerts for September 1 to September 30, 2017.

Articles:
1. Arnold H. Loewy, The Wisdom of Universal DNA Collection: A Reply to Professor Meghan J. Ryan, 20 SMU Sci. & Tech. L. Rev. 21 (2017).

2. Bryan T. Camp, Equitable Principles and Jurisdictional Time Periods, Part 1, 2017 TXN Magazine 37-34.

3. Tracy Hresko Pearl, Fast & Furious: The Misregulation of Driverless Cars, 73 N.Y.U. Ann. Surv. Am. L. 19 (2017).

4. Gerry W. Beyer, Keeping Current—Probate, 31 Prob. & Prop. 30 (September/October 2017).

5. Bryan T. Camp, Franklin Roosevelt and the Forgotten History of the Earned Income Tax Credit, 20 Green Bag 2d 337 (Summer 2017).

Op-Ed:
1. Arnold Loewy & Charles Moster, It’s Debatable: Should hate speech be protected?, Lubbock Avalanche-J. (Sept. 1, 2017 09:45 pm), http://lubbockonline.com/opinion/opinion-columnists/2017-09-01/it-s-debatable-should-hate-speech-be-protected.

2. Arnold Loewy & Charles Moster, It’s Debatable: Can government invade sanctuary cities?, Lubbock Avalanche-J. (Sept. 15, 2017 05:33 pm), http://lubbockonline.com/opinion/opinion-columnists/2017-09-15/it-s-debatable-can-government-invade-sanctuary-cities.

3. Arnold Loewy & Charles Moster, It’s Debatable: Should burning the flag be a legal right?, LUBBOCK AVALANCHE-J. (Sept. 29, 2017 09:33 pm), http://lubbockonline.com/opinion/opinion-columnists/2017-09-29/it-s-debatable-should-burning-flag-be-legal-right.

Cited:
1. Prof. Loewy’s article A Proposal for the Universal Collection of DNA was cited in the following article: Meghan J. Ryan, The Privacy, Probability, and Political Pitfalls of Universal DNA Collection, 20 SMU Sci. & Tech. L. Rev. 3 (2017).

2. Prof. Humphrey’s article ‘‘But I’m Brain-Dead and Pregnant”: Advance Directive Pregnancy Exclusions and End-of-Life Wishes was cited in the following article: Dara E. Purvis, The Rules of Maternity, 84 Tenn. L. Rev. 367 (2017).

3. Prof. Black’s treatise FAMILY LAW IN UTAH was cited in several sections of 2 Utah Prac., Utah Family Law (2017 ed.).

4. Prof. Robert Sherwin’s article #havewereallythoughtthisthrough?: Why Granting Trademark Protection to Hashtags Is Unnecessary, Duplicative, and Downright Dangerous was cited in the following article: Delaram Yousefi, #protected: Hashtags, Trademarks, and the First Amendment, 33 Touro L. Rev. 1343 (2017).

5. Prof. Murphy’s work with Sidney A. Shapiro on the article Eight Things Americans Can’t Figure Out About Controlling Administrative Power was cited in the following article: Melissa Mortazavi, Rulemaking Ex Machina, 117 Colum. L. Rev. Online 202 (2017).

6. Two of Prof. Beyer’s articles, Statutory Fill-in Will Forms–The First Decade: Theoretical Constructs and Empirical Findings and Statutory Will Methodologies–Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence?, are cited in the following article: Susan M. Chesler & Karen J. Sneddon, Tales from A Form Book: Stock Stories and Transactional Documents, 78 L. Rev. 237 (2017).

7. Two of Prof. Casto’s books, The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth and Foreign Affairs and the Constitution in the Age of Fighting Sail are cited in the following article: Scott Ingram, Representing the United States Government: Reconceiving the Federal Prosecutor’s Role Through A Historical Lens, 31 Notre Dame J.L. Ethics & Pub. Pol’y 293 (2017).

Quoted:
1. Prof. Loewy was quoted in the following article: Meghan J. Ryan, The Privacy, Probability, and Political Pitfalls of Universal DNA Collection, 20 SMU Sci. & Tech. L. Rev. 3 (2017).

2. Prof. Ramirez was quoted in the following newspaper article: Karen Michael, Texas Tech pleased with enrollment numbers, Hispanic undergrad increases, LUBBOCK AVALANCHE-J. (Sept. 15, 2017 07:41 pm), http://lubbockonline.com/education/news/local-news/2017-09-15/texas-tech-pleased-enrollment-numbers-hispanic-undergrad.

3. Prof. Ramirez was quoted in the following newspaper article: Gabriel Monte, State judicial commission reprimands Lamesa judge, LUBBOCK AVALANCHE-J. (Sept. 20, 2017 07:38 pm), http://lubbockonline.com/news/crime-and-courts/local-news/2017-09-20/state-judicial-commission-reprimands-lamesa-judge.

News:
1. Prof. Tracy Pearl’s paper on semi-autonomous cars has been selected for presentation at the Law-STEM junior faculty forum at the University of Pennsylvania in October.  The conference is part of a consortium being run by the law schools at Stanford, Northwestern, and Penn.

2. Prof. Tracy Pearl has been selected to co-chair the development committee of the Women’s Faculty Writing Program on the TTU main campus.

3. On September 9, 2017, Prof. Gerry W. Beyer was the lead-off speaker at the 2017 Rocky Mountain Regional Meeting of the American College of Trust and Estate Counsel in Austin, Texas. His presentation was entitled Cyber Estate Planning and Administration and featured a detailed critique of the Revised Uniform Fiduciary Access to Digital Assets Act.

4. Prof. Baker was asked by the President Greg Lambert of the American Association of Law Libraries to sit on an advisory panel regarding the state of the profession during  AY2017-2018.

5. On September 19, 2017, Prof. Gerry W. Beyer was the featured speaker at a meeting of the Midland Odessa Business and Estate Council in Midland, Texas. His presentation and accompanying paper were entitled Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.

6. Horn Professor Brian Shannon provided a Legislative and Case Law Update on Mediation and Arbitration as part of a CLE sponsored by the Lubbock County Dispute Resolution Center in Lubbock on September 9, 2017.

7. Horn Professor Brian Shannon will preside over the 1A FAR national conference in Washington, D.C., on September 24-24, 2017. Shannon is currently serving in his third term as President of 1A FAR, which is an organization of the NCAA Faculty Athletics Representatives at the 129 institutions and 10 conferences comprising NCAA Division I’s Football Bowl Subdivision. As part of the program, on September 25, Shannon will moderate a panel discussion entitled, “Enhancing the FAR/AD Relationship.” Panelists include Jack Swarbrick, the Athletic Director (AD) at Notre Dame, Sandy Barbour, the AD at Penn State, Allen Greene, the AD at Buffalo, Judy MacLeod, the Commissioner of Conference USA, and former Congressman Tom McMillan, who is President & CEO of LEAD1 (the national AD association).

8. Horn Professor Brian Shannon will preside at his first meeting as the new Chair of the NCAA Division I’s Legislative Committee in Indianapolis, Indiana, on October 2-3, 2017.

9. Professor Tracy Pearl has been selected as a 2017 recipient of the Lubbock Chamber of Commerce’s “Twenty Under Forty Award.” The Lubbock Chamber will be honoring her and the other award recipients at a banquet on November 9 at the McKenzie-Merket Alumni Center.

10. On September 5, Professor Loewy participated in a Federalist Society debate at the University of Mississippi against Professor Ron Rychlak. The topic was the universal collection of DNA.

11. On September 11, Professor Loewy participated in a Federalist Society debate at the University of North Carolina at Chapel Hill against Professor Bill Marshall. The topic was the abolition of the electoral college.

12. On September 25, Professor Loewy participated in a Federalist Society debate at the University of Houston against Professor David Crump. The topic was the Texas v. Johnson flag-burning decision.