February 2018 Law Faculty Publications & News

Throughout 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 1 to February 28, 2018.

Books:

  1. Catherine Martin Christopher, Tackling the Texas Essays: Efficient Preparation for the Texas Bar Exam (2018).

Articles:

  1. Kyle C. Velte, Why the Religious Right Can’t Have Its (Straight Wedding) Cake and Eat It Too: Breaking the Preservation-Through-Transformation Dynamic in Masterpiece Cakeshop v. Colorado Civil Rights Commission, 36 Law & Ineq. 67 (2018).
  1. Arnold H. Loewy, Distinguishing Confessions Obtained in Violation of the Fifth Amendment from Those Obtained in Violation of the Sixth Amendment, 50 Tex. Tech L. Rev. 145 (2017).
  1. Tracy Hresko Pearl, Fifty Years Later: Miranda & the Police, 50 Tex. Tech L. Rev. 63 (2017).
  1. Gerry W. Beyer, Digital Assets – A Guide to Planning and Administration, Est. Plan. Studies, Jan. 2018, at 1.
  1. Gerry W. Beyer, Estate Planning and Probate Law, 81 Tex. B.J. 32 (2018).
  1. Bryan T. Camp, A New In Camera Review Requirement for Summons Proceedings?, 2018 TXN Magazine 9-7 (2018).

Op-Ed:

  1. Arnold Loewy & Charles Moster, It’s Debatable: Should U.S. replace its current Constitution?, Lubbock Avalanche-J. (Feb. 9,, 2018 08:44 pm), http://lubbockonline.com/opinion/opinion-columnists/2018-02-09/it-s-debatable-should-us-replace-its-current-constitution.

Cited:

  1. Prof. Casto’s article A Post of Great Legal Power and Even Greater Moral Influence is cited in the following article: James H. Johnston, Segregation in the Federal Courthouse in Washington D.C. Before and After Brown v. Topeka Board, 61 How. L.J. 35 (2017).
  1. 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: Ian Ayres, Joseph Bankman, Barbara Fried, & Kristine Luce, Anxiety Psychoeducation for Law Students: A Pilot Program, 67 J. Legal Educ. 118 (2017).
  1. Prof. Huffman’s article Margin of Error: Potential Pitfalls of the Ruling in The Prosecutor v. Ante Gotovina is cited in the following article: Stephen Townley, Indiscriminate Attacks and the Past, Present, and Future of the Rules/Standards and Objective/ Subjective Debates in International Humanitarian Law, 50 Vand. J. of Transnat’l L. 1223 (2017).
  1. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Darryl Brown, The Judicial Role in Criminal Charging and Plea Bargaining, 46 Hofstra L. Rev. 63 (2017).
  1. Prof. Loewy’s article Statutory Rape in a Post Lawrence v. Texas World is cited in the following article: Catherine L. Carpenter, A Sign of Hope: Shifting Attitudes on Sex Offense Registration Laws, 47 Sw. L. Rev. 1 (2017).
  1. Prof. Camp’s article Form Over Substance in Fifth Circuit Tax Cases is cited in the following article: Lauren O’Malley, Delineating Permissible Tax Planning and Abusive Tax Avoidance: Tax Shelters, Pre-Tax Profit, and the Foreign Tax Credit, 36 B.U. Int’l L.J. 143 (2018).
  1. Prof. Loewy’s article Cops, Cars, and Citizens: Fixing the Broken Balance is cited in the following article: Bennett Capers, Policing, Technology, and Doctrinal Assists, 69 Fla. L. Rev. 723 (2017).
  1. 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).
  1. Prof. Humphrey’s article Two-Stepping Around a Minor’s Constitutional Right to Abortion is cited in the following article: Mary Ziegler, Facing Facts: The New Era of Abortion Conflict After Whole Woman’s Health, 52 Wake Forest L. Rev. 1231 (2017).
  1. Prof. Henry’s article Paying-To-Play in Chapter 11 is cited in the following article: Josef S. Athanas, Matthew L. Warren, and Emil P. Khatchatourian, Bankruptcy Needs to Get Its Priorities Straight: A Proposal for Limiting the Leverage of Unsecured Creditors’ Committees When Unsecured Creditors Are “Out-of-the-Money”, 26 Am. Bankr. Inst. L. Rev. 93 (2018).
  1. Prof. Camp’s article Theory and Practice in Tax Administration is cited in the following article: Eric A. San Juan, From Tax Collector to Fiscal Panopticon: A Social History of A Century of Federal Income Taxation, 15 Rutgers J.L. & Pub. Pol’y 128 (2018).

Quoted:

  1. Prof. Tracy Pearl is quoted and cited extensively in the following article: Jane Komsky, Addressing the Dangers of Partially Driverless Cars, The Reg. Rev. (Feb 6, 2018), https://www.theregreview.org/2018/02/06/komsky-addressing-partially-driverless-cars/.
  1. Prof. Murphy’s article Separation of Powers and the Horizontal Force of Precedent is quoted in the following article: Randy J. Kozel, Precedent and Constitutional Structure, 12 Nw. U. L. Rev. 789 (2018).

News:

  1. Professor Gerry W. Beyer’s post on his Wills, Trusts, and Estates Blog entitled Assets on Ice, Cryogenic Estate Planning made the weekly list of top 10 blog posts on Texas Bar Today.
  1. On February 1, Professor Gerry W. Beyer traveled to Fort Worth, Texas to serve as the featured speaker at February meeting of the Tarrant County Probate Bar Association.  To an audience of approximately 150 attorneys and judges, Prof. Beyer presented his paper entitled Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.
  1. On February 2, Professor Brian Shannon spoke on the topic, “Mental Health 101,” at the Texas Criminal Defense Lawyers Mental Health Law conference at South Padre Island.
  1. On February 8-9, Professor Brian Shannon presided over a meeting at NCAA headquarters in Indianapolis of the national board for 1A FAR, the NCAA faculty athletics representatives from the members in the 10 Football Bowl Subdivision universities.
  1. On February 9, Professor Jamie Baker participated as an invited panelist at the South Carolina Law Review Symposium on artificial intelligence. Later this spring, the Law Review will publish an article she wrote for their symposium edition found here in draft form: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3097250.
  1. On February 15-16, Professor Brian Shannon presided over a meeting at NCAA headquarters in Indianapolis of the NCAA Division I Legislative Committee.
  1. On February 16, Professor Gerry W. Beyer was the keynote speaker for the two-day program, 2018 Docket Call in Probate Court, sponsored by the San Antonio Estate Planners Council in San Antonio. His presentation to an audience of approximately 200 estate attorneys, CPAs, financial planners, and other professionals was entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice. His paper with the same title was also distributed to the attendees.
  1. On February 20, Professor Gerry W. Beyer was the luncheon speaker for the Heritage Study Club, one of the oldest community organizations in Lubbock having been formed in the 1940s. His presentation was geared to motivate attendees to get their estate plans in order and was entitled Everyone Should Prepare Estate Planning Documents – Yes, That Means You!
  1. On February 22, Professor Tracy Pearl was invited to give a talk at the Washburn University School of Law about the regulation of semi-autonomous vehicles.
  1. On February 23, 2018, Professor Gerry W. Beyer was the lead-off speaker for the CFP® Continuing Education program hosted by the Texas Tech University Department of Personal Financial Planning during its Opportunity Days program. His presentations and accompanying articles were entitled Intestate Succession: What Every Texas Estate Planning Needs to Know and Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice.
  1. On February 23, Professor Tracy Pearl was invited by the LSU Law Center to present a paper about autonomous vehicles and the law.
  1. The Financial Planning Association of West Texas recently announced that it has named its Certified Financial Planning Examination Scholarship in honor of Professor Gerry W. Beyer. This year’s scholarship winners will be announced at the Opportunity Days Banquet on February 23.
  1. On February 27, Professor Brian Shannon addressed the Texas Center for the Judiciary’s Mental Health Conference in Austin with a Mental Health Legislative Update.

January 2018 Law Faculty Publications & News

Throughout 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, 2018.

Books:

  1. GERRY W. BEYER, 19 & 19A WEST’S LEGAL FORMS – REAL ESTATE TRANSACTIONS (4th ed.) (2017-2018 Supplement).
  2. GERRY W. BEYER, TEXAS WILLS, TRUSTS, AND ESTATES (2018).

Articles:

  1. Gerry W. Beyer, Estate Planning and Probate Law, 81 Tex. B. J. 32 (2018).
  2. Gerry W. Beyer & Kerri G. Nipp, Practical Planning for Digital Assets and Administration of Digital Assets by Fiduciaries, 43 Tax Man. Est., Gifts & Tr. J. 3 (2018).
  3. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., Jan./Feb. 2018, at 32.* *The American Bar Association has appointed Prof. Beyer as the editor of this column for 25 consecutive years.
  4. Brian D. Shannon, The Revised NCAA Division I Governance Structure after Three Years: A Scorecard, 5 Tex. A&M L. Rev. 65 (2017).
  5. Rishi Batra, Resolving Civil Forfeiture Disputes, 66 U. Kan. L. Rev. 399 (2017).
  6. Gerry W. Beyer, Potpourri, REPTL Rep., 56-1, at 3 (2018).
  7. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, REPTL Rep., 56-1, at 4 (2018).
  8. Gerry W. Beyer, The Texas Revised Uniform Fiduciary Access to Digital Assets Act: A Primer for Estate Planners, REPTL Rep., 56-1, at 112 (2018).

Op-Ed:

  1. Arnold Loewy & Charles Moster, It’s Debatable: Was CNN’s pot party broadcast appropriate?, Lubbock Avalanche-J. (Jan. 12, 2018 09:45 pm), http://lubbockonline.com/opinion/opinion-columnists/2018-01-12/it-s-debatable-was-cnn-s-pot-party-broadcast-appropriate.
  2. Arnold Loewy & Charles Moster, It’s Debatable: Is our society in a state of decline?, Lubbock Avalanche-J. (Jan. 26, 2018 07:52 pm), http://lubbockonline.com/opinion/opinion-columnists/2018-01-26/it-s-debatable-our-society-state-decline.

Cited:

  1. Prof. Loewy’s article A Proposal for the Universal Collection of DNA is cited in the following article: Ric Simmons, The Mirage of Use Restrictions, 96 N.C.L. Rev. 133 (2017).
  2. Prof. Murphy’s article Enhancing the Role of Public Interest Organizations in Rulemaking Via Pre-Notice Transparency is cited in the following article: Daniel Boger, Pre-Enforcement Review: An Evaluation from the Perspective of Ripeness, 36 Va. Envtl. L.J. 77 (2018).
  3. Prof. Krahmer’s article Wire Transfers, Good Faith, and “Phishing” is cited in the following article: Robert T. Luttrell, III, The Relation Between Good Faith, Fair Dealing and Ordinary Care in Payment Law Cases Under UCC Articles 3, 4 and 4a, 71 Consumer Fin. L.Q. Rep. 42 (2017).
  4. Dean Nowlin’s article The Warren Court’s House Built on Sand: From Security in Persons, Houses, Papers, and Effects to Mere Reasonableness in Fourth Amendment Doctrine is cited in the following article: The Virtues of Heterogeneity, in Court Decisions and the Constitution, 131 Harv. L. Rev. 872 (2018).
  5. Prof. Casto and Val D. Ricks’s article “Dear Sister Antillico . . .”: The Story of Kirksey v. Kirksey is cited in the following article: Judith L. Maute, Race Politics, O’Hare Airport Expansion, and Promissory Estoppel: The More Things Change, the More They Stay the Same, 69 Hastings L.J. 119 (2017).
  6. Professors Huffman and Rosen’s book Military Law: Criminal Justice and Administrative Process is cited in the following article: Seth Michael Engel, Fostering A Safe Warfighting Environment: Applying Title IX and Student Discipline in Higher Education to the Military’s Fight Against Sexual Assault, 32 Wis. J.L. Gender & Soc’y 133 (2017).
  7. Prof. Arnold Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: David Gray, Collective Standing Under the Fourth Amendment, 55 Am. Crim. L. Rev. 77, 77 (2018).
  8. Prof. Arnold Loewy’s article The Warren Court as Defendant of State and Federal Criminal Laws: A Reply to Those Who Believe That the Court is Oblivious to the Needs of Law Enforcement is cited in the following article: Jeffrey D. Swartz, Esq., Terry v. Ohio at 50: What It Created, What It Has Meant, Is It Under Attack and Is the Court Opening the Door to Police Misconduct?, 38 N. Ill. U.L. Rev. 44, 45 (2017).

Quoted:

  1. Prof. Christopher is quoted extensively in the following article: Tyler Roberts, What it takes to pass today’s nasty bar exam, Nat’l Jurist, Winter 2018, at 21.
  2. Prof. Camp is quoted in the following article: Nathan J. Richman, Proposals Would Provide Tax Court Filing Deadline Solutions, 2018 TNT 21-7.

News:

  1. On January 5, 2018, Prof. Gerry W. Beyer was the speaker at the year’s first meeting of the Southern Nevada Estate Planning Council. His presentation and accompanying article were entitled How to Anticipate and Avoid Will Contests. Attending the meeting were many of Nevada’s most prestigious estate planning attorneys, CPAs, and other professionals who work in the estate planning area.
  2. Dean and Professor Victoria Sutton made the following presentations at the annual American Association of Law Schools conference in San Diego, CA, Jan. 2-6, 2018: On January 3, Professor Sutton gave two presentations. The first was on her selected paper at the Associate Deans Section Program, Distance Education in Law Schools: Exploring Issues and Best Practices. The second was entitled How I Changed a Regulation Using Social Sciences Research for the panel on Law and Social Sciences. She is the outgoing chair and member of the Executive Committee of the section. On January 6, Professor Sutton gave a presentation on DIY biology and regulation on the panel for Biolaw, Legal Challenges of Editing the Genome: Coming to Terms with CRISPR Technology. She was elected Chair of the Biolaw section.
  3. On January 18, 2018, Professor Beyer was the luncheon speaker for the South Plains Trust and Estate Council in Lubbock. His presentation and accompanying article were entitled Cyber Estate Planning and Administration.
  4. Paul Whitfield Horn Professor Brian Shannon presented at the Division I Issues Forum at the NCAA Annual Convention on January 18, 2018, in Indianapolis.
  5. Paul Whitfield Horn Professor Brian Shannon served on the dais as Parliamentarian at the NCAA Autonomy Conference Discussion Forum and NCAA Autonomy Business Session on January 18-19, 2018, in Indianapolis. This marked the fourth straight year that Shannon has served in this role.
  6. Professors from the Texas Tech System were awarded the Chancellors Council Distinguished Teaching and Research Awards on January 25. Seven university professors from five colleges were recognized for their excellence and received a $5,000 stipend and an engraved medallion. Recipients included TechLaw’s own Professor Wendy-Adele Humphrey.
  7. On January 24, 2018, Professor Gerry W. Beyer participated in the Osher Lifelong Learning Institute’s Kickoff Event at Texas Tech.  Out of the dozens of speakers slated to present for OLLI’s Spring 2018 program, he was one of five selected to discuss their upcoming presentations with the over 150 people in attendance at the event.  Prof. Beyer’s presentation, Don’t Let the Airlines Take You for a Ride – Know Your Flight Rights, is scheduled for April 10, 2018.
  8. The Real Estate, Probate, and Trust Law Council of the State Bar of Texas unanimously reappointed Professor Gerry W. Beyer as the Editor-in-Chief of the REPTL Reporter at its Winter Council meeting in Las Vegas, Nevada on January 27, 2018. The REPTL Reporter is the official publication of the section which is the largest section of the State Bar of Texas with over 9,400 members.
  9. Professor Gerry W. Beyer recently served as one of the judges of the Student Writing Competition sponsored by the Real Estate, Probate, and Trust Law Section of the State Bar of Texas.

December 2017 Law Faculty Publications & News

Throughout 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, 2017.

Books:

1. Gerry W. Beyer, PROBATE AND DECEDENT’S ESTATES (17 & 18 Tex. Prac. 2017-2018 Supp.).

2. Gerry W. Beyer, MARITAL PROPERTY AND HOMESTEADS (38 & 39 Tex. Prac. 2017-2018 Supp.).

Op-Ed:

1. Arnold Loewy & Charles Moster, It’s Debatable: Are college football coaches overpaid?, LUBBOCK AVALANCHE-J. (Dec. 1, 2017 08:15 pm), http://lubbockonline.com/opinion/opinion-columnists/2017-12-01/it-s-debatable-should-mueller-be-fired-special-counsel.

2. Arnold Loewy & Charles Moster, It’s Debatable: Should death penalty be used more often?, LUBBOCK AVALANCHE-J. (Dec. 15, 2017 09:12 pm), http://lubbockonline.com/opinion/opinion-columnists/2017-12-15/it-s-debatable-should-death-penalty-be-used-more-often.

3. Arnold Loewy & Charles Moster, It’s Debatable: Should there be a law against sexual preference discrimination?, LUBBOCK AVALANCHE-J. (Dec. 29, 2017 07:55 pm), http://lubbockonline.com/opinion/opinion-columnists/2017-12-29/it-s-debatable-should-there-be-law-against-sexual-preference.

Cited:

1. Prof. Robert Sherwin’s article Ambiguity in Anti-SLAPP Law and Frivolous Litigation is cited in the following article: James M. Redwine, Does It Hurt to Get Slapped? A Study of the Perils of Citizen Involvement, 32 NAT. RESOURCES & ENV’T 15 (2017).

2. 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: Toni M. Massaro and Ellen Elizabeth Brooks, Flint of Outrage, 93 NOTRE DAME L. REV. 155 (2017).

3. 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: Carol Sanger, The Lopsided Harms of Reproductive Negligence, 118 COLUM. L. REV. ONLINE 29 (2017).

4. Prof. Batra and Wesley MacNeil Oliver’s article Standards of Legitimacy in Criminal Negotiations is cited in the following article: Anna Roberts, Dismissals as Justice, 69 ALA. L. REV. 327 (2017).

5. 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: Chris Thomale, Sovereign Wealth and Social Responsibility, 52 WAKE FOREST L. REV. 981 (2017).

6. Prof. Huffman’s article Margin of Error: Potential Pitfalls of the Ruling in The Prosecutor v. Ante Gotovina is cited in the following article: Stephen Townley, Indiscriminate Attacks and the Past, Present, and Future of the Rules/Standards and Objective/Subjective Debates in International Humanitarian Law, 50 VAND. J. TRANSNAT’L L. 1223 (2017).

7. Prof. Camp’s article Initial Take on the Kuretski Language in the PATH Law is quoted in the following article: Michael D. Kummer and James G. Steele III, What Other Courts Can Learn from Tax Court Exceptionalism, 2017 TXN 48-26.

Quoted:

1. Prof. Bryan Camp is quoted in the following article: Kate Davidson, Tax Overhaul Leaves Little Time for Adapting to the Changes; Many provisions in the rewrite of the tax code take effect in days, leaving scant time for government agencies, businesses and individuals to adjust, WALL ST. J. ONLINE (Dec. 20, 2017 04:54 pm), https://www.wsj.com/articles/tax-overhaul-leaves-little-time-for-adapting-to-the-changes-1513806864.

News:

1. Associate Dean Humphrey has been selected as a recipient of the 2017 Chancellor’s Council Distinguished Teaching Award for Texas Tech University. This award is the highest honor given by the Texas Tech University System to faculty members.

2. Associate Dean Humphrey was appointed by President Schovanec to the search committee for the Texas Tech University Vice President of Diversity, Equity & Inclusion.

3. Associate Dean Humphrey presented “Uncovering the Mystery of the Texas Grievance System” at the November luncheon of the Amarillo Area Bar Association.

4. On Thursday December 14th, a point-counterpoint discussion was held at St. John’s United Methodist Church between Texas Tech Law Professor Arnold Loewy and attorney Charles Moster over the topic “Good or Bad Idea: Allowing Women to Determine to Carry a Pregnancy to Full Term or Abort Earlier?” as a part of the Lubbock Interfaith Dialogue meeting.

5. The President-Elect of the American College of Trust and Estate Counsel (ACTEC), Skip Fox, appointed Professor Gerry W. Beyer to the following committees for the 2018-2019 academic year:
Chair:
• State Laws Committee
Member:
• Academic Membership Committee
• Digital Property Committee
• Legal Education Committee
• Program Committee

The American College of Trust and Estate Counsel is a national organization of approximately 2,600 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence, and experience as trust and estate counselors.

November 2017 Law Faculty Publications & News

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

Books:

Nancy Soonpaa, Rishi Batra, & Jamie Baker, Eight Tips for Effectively and Easily Incorporating Experiential Learning into the Law School Classroom, in Experiential Education in the Law School Curriculum 51-62 (Emily Grant, Sandra Simpson, & Kelly Terry ed., 2018).

Articles:

1. Gerry W. Beyer, The Revised Uniform Fiduciary Access to Digital Assets Act: A Primer for Probate Judges, Nat’l College of Prob. Judges J., Fall 2017, at 1.

2. Gerry W. Beyer, Keeping Current—Probate, 31 Prob. & Prop. 14 (2017).

3. Richard W. Murphy, Abandon Chevron and Modernize Stare Decisis for the Administrative State, 69 Ala. L. Rev. 1 (2017).

4. Eric A. Chiappinelli, Just Like Pulling Teeth: How Dental Education’s Crisis Shows the Way Forward for Law Schools, 48 Seton Hall L. Rev. 1 (2017).

Op-Ed:

Arnold Loewy & Charles Moster, It’s Debatable: Are college football coaches overpaid?, LUBBOCK AVALANCHE-J. (Nov. 10, 2017 07:33 pm), http://lubbockonline.com/opinion/opinion-columnists/2017-11-10/it-s-debatable-are-college-football-coaches-overpaid.

Cited:

1. Prof. Weninger’s article The Abolition of Plea Bargaining: A Case Study of El Paso County, Texas is cited in the following article: Richard A. Bierschbach and Stephanos Bibas, Rationing Criminal Justice, 116 Mich. L. Rev. 187 (2017).

2. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds is cited in the following article: Adam Chodorow, Rethinking basis in the age of virtual currencies, 36 Va. Tax Rev. 371 (2017).

3. Prof. Murphy’s article 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).

4. 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).

5. Prof. Beyer’s article Statutory Fill-in Will Forms—The First Decade: Theoretical Constructs and Empirical Findings is cited in the following article: Danaya C. Wright & Beth Sterner, Honoring Probable Intent in Intestacy: An Empirical Assessment of the Default Rules and the Modern Family, 42 ACTEC L.J. 341 (2017).

6. Prof Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Richard A. Bierschbach & Stephanos Bibas, Rationing Criminal Justice, 116 Mich. L. Rev. 187 (2017).

7. Prof. Tracy Pearl’s article Fast & Furious: The Misregulation of Driverless Cars is cited in the following article: Mark Fenwick et. al., Regulation Tomorrow: What Happens When Technology Is Faster Than the Law?, 6 Am. U. Bus. L. Rev. 561 (2017).

8. Prof. Baker’s research on artificial intelligence and her article 2017 A Legal Research Odyssey: Artificial Intelligence as Disruptor are recognized in The Internet Guide to AI and Legal Research, 22 No. 11 Internet L. Researcher NL 2 (2017).

9. Prof. Murphy’s article Politics and Policy Change in American Administrative Law is cited in the following article: John B. Meisel, How Might the Supreme Court, If It Reviews the Federal Communications Commission’s 2015 Open Internet Order, Utilize the Chevron and the Arbitrary and Capricious Tests?, 25 Cath. U.J.L. & Tech. 257 (2017).

10. Prof. Robert Sherwin’s article #HaveWeReallyThoughtThisThrough?: Why Granting Trademark Protection To Hashtags Is Unnecessary, Duplicative, and Downright Dangerous is cited in the following article: Debbie Chu, #cautionbusinesses: Using Competitors’ Hashtags Could Possibly Lead to Trademark Infringement, 25 Cath. U.J.L. & Tech. 387 (2017).

11. Prof. Tracy Pearl’s articles Crowd Crush: How the Law Leaves American Crowds Unprotected and Far from the Madding Crowd: A Statutory Solution to Crowd Crush are cited in Participant and spectator injuries, generally, Fundamentals of Sports Law § 6:1 (2017).

12. Prof. Christopher’s article Whack-A-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Money Laundering is cited in the following article: Jessica Hoyer, Sex Trafficking in the Digital Age: The Role of Virtual Currency-Specific Legislation in Keeping Pace with Technology, 63 Wayne L. Rev. 83 (2017).

13. Prof. Murphy & Charles Koch’s work on 4 Admin. L. & Prac. § 12:20 (3d ed.) is cited in the following article: Stephen Hylas, Final Agency Action in the Administrative Procedure Act, 92 N.Y.U.L. Rev. 1644 (2017).

14. Prof. Brie Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid is cited in Case study: Bisphenol-A, Rodgers Environmental Law, 2d. § 31:6.

15. Prof. Metze’s article Feed Me Seymour: The Never-Ending Hunger of the Criminal Process For Procedural Rights and Removing Children from its Shop of Horrors is cited in the following article: Viviana I. Vasiu, In Good We Trust: The Court’s Strategic Use of the Eighth Amendment to Revise the Criminal Landscape for Juveniles, 53 Crim. L. Bulletin 6 (2017).

News:

On Nov. 7, Elizabeth Sharp, interim vice president of the Division of Diversity, Equity & Inclusion at Texas Tech, announced that the university’s recently acquired designation as a Hispanic Serving Institution is being met with the development of an HSI Committee. The committee will work closely with administrators to help oversee Tech’s transition to HSI status. The interdisciplinary consists of staff members from across Tech’s campus, including TechLaw’s own Professor Jorge Ramírez.

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.