December 2019 Law Faculty Publications & News

Throughout the month of December, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for December 1st to December 31st, 2019.

Articles

1.  Gerry W. Beyer, Transfer on Death Deeds Survey, State Surveys, American College of Trust and Estate Counsel (Dec. 15, 2019).

2. Alyson Drake, Franklin L. Runge, & Austin Martin Williams, A Smarter Way to Make Early and Mid-Career Decisions¸ AALL Spectrum (Jan./Feb. 2020).

3. Jamie Baker, Shelf Life Leadership Recs, AALL Spectrum (Jan./Feb. 2020).

4. Arnold H. Loewy, Prologue to Discussion of my Articles, 52 Tex. Tech L. Rev. 1 (2019).

5. Tracy Hresko Pearl, Constitutional Confessions: In Favor of A “Loewy Plus” Approach, 52 Tex. Tech L. Rev. 47 (2019).

6. Alyson M. Drake, On Embracing the Research Conference (2019-2), 111 Law. Libr. J. 7 (2019).    

Op-Ed

1. Arnold Loewy and Charles Moster, It’s debatable: Is a 1 percent wealth tax on billionaires a good idea?, Lubbock Avalanche-J (Dec. 23, 2019 at 3:01 am), https://www.lubbockonline.com/news/20191222/its-debatable-is-1-percent-wealth-tax-on-billionaires-good-idea.

Citations

1.  Prof. Shannon’s article Prescribing a Balance: The Texas Legislative Responses to Sell v. United States is cited in the following article: Nick Katz, How the States can Fix Sell: Forced Medication of Mentally Ill Criminal Defendants in State Courts, 69 Duke L.J. 735 (2019).

2. Prof. Gonzalez’s article At the Intersection of Religious Organization Missions and Employment Laws: The Case of Minister Employment Suits is cited in the following article Of Priests, Pupils, and Procedure: The Ministerial Exception as a Cause of Action For On-Campus Ministries, 133 Harv. L. Rev. 599 (2019).

3. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited in the following article: Hannah Silverman, The Role of “Coordinating Discovery Attorneys” in Multidefendant Federal Criminal Cases, 88 Fordham L. Rev. 1173 (2019).

4. Prof. Beyer’s article The Fine Art of Intimidating Disgruntled Beneficiaries with in Terrorem Clauses is cited in the following article: David Horton & Reid Kress Weisbord, Boilerplate No Contest Clauses, 82 Law & Contemp. Probs. 69 (2019).

5. Prof. Casto’s article The Federal Court’s Protective Jurisdiction over Torts Committed in Violation of the Law of Nations is cited in the following article: Jeffrey James Grosholz, The Shadow of Kiobel and Jesner: An Examination of the Alien Tort Statute and Bringing it Back Into the Light, 46 Fla. St. U. L. Rev. 1009 (2019).

6. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited in the following article: Michael Hatfield, Professionally Responsible Artificial Intelligence, 51 Ariz. St. L.J. 1057 (2019).

7. Prof. Camp’s article Lesson for Tax Day: When Tax Prep Software Gets it Wrong is cited in the following article: Michael Hatfield, Professionally Responsible Artificial Intelligence, 51 Ariz. St. L.J. 1057 (2019).

8. Prof. Murphy’s work in Eight Things Americans Can’t Figure Out About Controlling Administrative Power is cited in the following article: Ryan Mitchell, Non-legislative Rules Need Scrutiny Too: The Curious Case of The Appropriate Care Standard, 26 Hastings Envtl. L.J. 47 (2019).

9. Prof. Murphy’s work in 3 Admin. L. & Prac. § 8:50 is cited in the following article: Frank Griffin, Fighting Overcharged Bills From Predatory Hospitals, 51 Ariz. St. L.J. 1003 (2019).

10. Prof. Murphy’s work in Administrative Law and Practice § 4:22 is cited in the following article: Robert T. Anderson, The Katie John Litigation: A continuing Search For Alaska Native Fishing Rights After ANCSA, 51 Ariz. St. L.J. 845 (2019).

11. Prof. Chiappinelli’s article Red October: Its Origins, Consequences, and the Need to Revive the National Market System is cited in the following treaties: Thomas Lee Hazen, 4 Law Sec. Reg. § 14:18.

12. Prof. Chiappinelli’s article Red October: Its Origins, Consequences, and the Need to Revive the National Market System is cited in the following treaties: Thomas Lee Hazen, 4 Law Sec. Reg. § 1:76.

13.  Prof. Murphy’s work in 3 Admin. L. & Prac. § 14:24 is cited in the following article: Brooke Bohlen, Make America Transparent Again: Reevaluating the Official Acknowledgment Doctrine of the Freedom of Information Act For The Modern Presidency, 55 Gonz. L. Rev. 17 (2019).

News

1.  On December 17, 2019, Professor Beyer was the invited speaker for the December meeting of the San Antonio Estate Planners Council. Professor Beyer presented his paper entitled State Law Pitfalls: Don’t Step In It When Your Clients Steps Across State Lines.

2. The latest volume of the Texas Tech Law Review is about the Criminal Law Symposium about Professor Loewy’s articles. Some of the articles published are: Joshua Dressler, Arnold Loewy: Scholar, Civil Libertarian, and Mensch: Some Personal Reflections, 52 Tex. Tech L. Rev. 83 (2019); Tracy Hresko Pearl, Constitutional Confessions: In Favor of a “Loewy Plus” Approach, 52 Tex. Tech L. Rev 47 (2019); and David Crump, A Tale of Two Systems: Professor Loewy and Hate Speech, 52 Tex. Tech L. Rev. 5 (2019).

November 2019 Law Faculty Publications & News

Throughout the month of November, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for November 1st to November 30th, 2019.

Articles & Book Chapters

1.  Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., Nov./Dec., at 24.

2. Bryan Camp, Lesson From The Tax Court: No Jurisdiction Over Ambiguous NOD, TaxProf Blog (Nov. 4, 2019).

3. Jamie J. Baker, Ask a Director, 24 AALL Spectrum 30 (2019).

4. Bryan Camp, Lesson From The Tax Court: One Year At A Time, TaxProf Blog (Nov. 11, 2019).

5. Jamie Baker, AI and Legal Research in Law Librarianship in the Age of AI (ALA Edition 2019).

Op-Ed

1. Arnold Loewy and Charles Moster, It’s debatable: Should companies be held liable for actions generations later?, Lubbock Avalanche-J (Nov. 17, 2019, 1:01 AM), https://www.lubbockonline.com/news/20191117/its-debatable-should-companies-be-held-liable-for-actions-generations-later.

Quotes

1. Professor Camp was quoted in the following article: Steven Chung, Tax Court Decides Whether a Tax on Marijuana Sales is an Unconstitutionally Excessive Fine, Above the Law (Nov. 13, 2019, 11:50 am), available at: https://abovethelaw.com/2019/11/tax-court-decides-whether-a-tax-on-marijuana-sales-is-an-unconstitutionally-excessive-fine/.

2. Professor Beyer was quoted in the following article: Samuel Smith, Coptic Christian woman wins court case against Egypt’s Islamic inheritance law, The Christian Post (Nov. 27, 2019), available at: https://www.christianpost.com/news/coptic-christian-woman-wins-court-case-against-egypts-islamic-inheritance-law.html.

3. Prof. Tracy Pearl was quoted in the following article: Ian Duncan, A more than decade-long delay in a seat belt warning system shows how car-safety rules get bogged down in bureaucracy, The Washington Post (Nov. 24, 2019 at 6:10 pm), available at: https://www.washingtonpost.com/local/trafficandcommuting/a-more-than-decade-long-delay-in-a-seat-belt-warning-system-shows-how-car-safety-rules-get-bogged-down-in-bureaucracy/2019/11/24/0547c21e-07e4-11ea-8ac0-0810ed197c7e_story.html.

Citations

1.  Prof. Christopher’s article Whack-A-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Money Laundering is cited in the following article: Margaret Ryznar, A Coffee Break for Bitcoin, 95 Ind. L.J. Supplement 1 (2019).

2. Prof. Christopher’s article The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking, Bitcoin, and the Blockchain is cited in the following article: Margaret Ryznar, A Coffee Break for Bitcoin, 95 Ind. L.J. Supplement 1 (2019).

3. 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: Dirk A. Zetzsche et. al., The Ico Gold Rush: It’s A Scam, It’s A Bubble, It’s A Super Challenge for Regulators, 60 Harv. Int’l L.J. 267, 268 (2019).

4. Prof. Christopher’s work in Will I Pass the Bar Exam? is cited in the following article: Marsha Griggs, Building a Better Bar Exam, 7 Tex. A&M L. Rev. 1 (2019).

5. Prof. Gonzalez’s article The New Batson: Opening the Door of the Jury Deliberation Room After Peña-Rodriguez v. Colorado is cited in the following article: Ryan D. Brown, Winning the Waiting Game: How Oklahoma Can Rectify the Discrepancy Between Its No-Impeachment Rule and Peña-Rodriguez v. Colorado, 72 Okla. L. Rev. 403 (2020).

6. Prof. Beyer’s work in Digital Wills: Has the Time Come for Wills to Join the Digital Revolution is cited in the following article: Twenty-First Century Wills, 33-DEC Prob. & Prop. 52 (2019).

7. Prof. Beyer’s work in Sign on the [Electronic] Dotted Line: The Rise of the Electronic Will is cited in the following article: Twenty-First Century Wills, 33-DEC Prob. & Prop. 52 (2019).

8. Prof. Murphy’s work in Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Frédéric Gilles Sourgens, The Paris Paradigm, 2019 U. Ill. L. Rev. 1637 (2019).

9. Prof. Casto’s article Foreign Affairs Crises and the Constitution’s Case or controversy Limitation: Notes from the Founding Era is cited in the following article: Frédéric Gilles Sourgens, The Paris Paradigm, 2019 U. Ill. L. Rev. 1637 (2019).

10. Prof. Loewy’s article A Proposal for the Universal Collection of DNA is cited in the following article: Ellen Wright Clayton, Barbara J. Evans, James W. Hazel, and Mark A. Rothstein, The Law of Genetic Privacy: Applications, Implications, and Limitations, 6 J.L. & Biosciences 1 (2019).

News

1.  On November 12, Professor Beyer was the Distinguished Speaker for the Community Foundation of Sarasota County. Professor Beyer presented Cyber Estate Planning and Administration.

2. On November 12, 2019, Professor Beyer presented Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices for the Southwest Florida Estate Planning Council.

3. Associate Dean Humphrey was selected as one of only forty esteemed female alumni, “40 Years, 40 Women” to be recognized in conjunction with the 40th anniversary of women attending her undergraduate institution, Westminster College.

4. Associate Dean Humphrey is serving as the Chair of the Association of American Law School (AALS) Section on Legal Writing, Reasoning, and Research (LWRR). Under her leadership, the LWRR Section has been selected as the AALS Section of the Year.

5. Professor Sutton’s short documentary, Cyborgs—Should we be better than we are? was one of ten films selected for the first SIGMA Xi STEM Film Festival at the annual meeting in Madison, Wisconsin.

6. Professor Sutton’s documentary The Court Martial of Apache Kid which was written, directed, and produced by Professor Sutton received the Best Documentary Made in Texas at the Austin Indie Film Festival.

7. On November 20-21, Professor Beyer presented a half-day CLE program for the Red River Valley Estate Planning Council in Fargo, North Dakota. His lectures and accompanying articles were entitled: Anticipating Will Contests and How to Avoid Them, State Law Pitfalls: Don’t Step in It When Your Clients Step Across State Lines, and What Estate Planners in Common Law Marital Property States Need to Know About Community Property.

8. The following articles authored by Prof. Gerry W. Beyer appear in the most recent issue of the Real Estate, Probate, and Trust Law (REPTL) Reporter: Potpourri; Intestacy, Wills, Estate Administration, and Trusts Update; and Estate Planning Highlights of the 2019 Texas Legislature.  REPTL Reporter is the official publication of the Real Estate, Probate, and Trust Law Section of the State Bar of Texas, the largest section of the Texas Bar with over 9,000 members.

October 2019 Law Faculty Publications & News

Throughout the month of October, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for October 1st to October 31st, 2019.

Books & Treatises

1. Brian D. Shannon & Daniel H. Benson, Texas Criminal Procedure & the Offender with Mental Illness: An Analysis & Guide (6th ed. 2019).

Articles

1. Gerry W. Beyer, Estate Planning Highlights of the 2019 Texas Legislature, Est. Plan. Dev. for Tex. Prof., (Sept. 2019), at 1.

2. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., (Sept./Oct. 2019), at 32.

3. Bryan Camp, Locating ‘Tax Abode’ for US Workers Abroad, 2019 Law360 295-45 (Oct. 22, 2019).

4. Gerry W. Beyer, Electronic Wills – What Estate Planners Need to Know, Est. Plan. Studies, (Oct. 2019), at 1.

5. Gerry W. Beyer, Estate Planning Highlights of the 2019 Texas Legislature, Lubbock L. Notes at 25 (Oct. 2019).

Op-Ed

1. Arnold Loewy and Charles Moster, It’s debatable: Is the impeachment inquiry of President Trump legitimate?, Lubbock Avalanche-J (Oct. 26, 2019, 11:02 pm), https://www.lubbockonline.com/news/20191026/its-debatable-is-impeachment-inquiry-of-president-trump-legitimate.

Quotes

1. Prof. Metze’s is quoted in the following article: Chase Seabolt, 2 years later: Daniels still awaiting trial, Daily Toreador (Oct. 9, 2019), available at: http://www.dailytoreador.com/news/years-later-daniels-still-awaiting-trial/article_d973efb4-eb14-11e9-a9be-1f8a4b0b70f2.html 

2. Prof. Chiappinelli is quoted in the following article: Jeff Montgomery, Delaware Mourns the Chancellor Who ‘Saved Corporate Law’, Law 360 (Oct. 16, 2019 at 9:52 P.M.), available at: https://www.law360.com/articles/1209272.

3. Prof. Beyer is quoted in the following article: Yang Xue, Digital heritage rights protection faces difficulties, Chinese Social Sciences Today (Oct. 28, 2019), available at: http://gn.cssn.cn/hqxx/bwych/201910/t20191028_5021729.shtml.

4. Prof. Beyer is quoted in the following article: Jane Bryant Quinn, The Pros and Cons of Living Trusts, AARP (Oct. 22, 2019), available at: https://www.aarp.org/money/budgeting-saving/info-2019/living-trust-uses.html.

5. Prof. Beyer is quoted in the following article: Emily Belz, Digital life after death, World Magazine, (Oct. 23, 2019), available at: https://world.wng.org/2019/10/digital_life_after_death.

Citations

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: Jordan Blair Woods, Autonomous Vehicles and Police De-Escalation, 114 Nw. U. L. Rev. Online 74 (Sept. 9, 2019).

2. Prof. Beyer’s work in Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? is cited in the following article: David Horton, Wills Without Signatures, 99 B.U.L. Rev. 1623 (Sept. 2019).

3. Prof. Benham’s article Dirty Secrets: The First Amendment in Protective-Order Litigation is cited in the following article: Doug Rendleman, The Defamation Injunction Meets the Prior Restraint Doctrine, 56 San Diego L. Rev. 615 (2019).

4. Prof. Shannon’s article Competency, Ethics, and Morality is cited in the following article: Alexandra Douglas, Caging the Incompetent: Why Jail-Based Competency Restoration Programs Violate the Americans with Disabilities Act under Olmstead v. L.C., 32 Geo. J. Legal Ethics 525 (2019).

5. Prof. Loewy’s article United States v. Jones: Return to Trespass—Good News or Bad is cited in the following article: Tanner M. Russo, Garbage Pulls Under the Physical Trespass Test, 105 Va. L. Rev. 1217 (Oct. 2019).

9. Prof. Tracy Pearl’s speech at the Texas Tech Law Review Annual Criminal Law Symposium is cited in the following article: David Crump, Why Do We Admit Criminal Confessions into Evidence?, 43 Seattle U. L. Rev. 71 (2019).

10. Prof. Alex Pearl’s article The Tragedy of the Vital Commons is cited in the following article: The Public Trust Doctrine, Outer Space, and the Global Commons: Time to Call Home ET, 69 Syracuse L. Rev. 191 (2019).

11. 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: Andrew W. Balthazor, The Challenges of Cryptocurrency Asset Recovery, 13 FIU L. Rev. 1207 (2019).

12. Prof. Casto’s article The Origins of federal Admiralty Jurisdiction in an Age of Privateers, Smugglers, and Pirates is cited in the following article: Dylan Woods, Admiralty Law—Another Way In, Second Circuit Grans Admiralty Jurisdiction to Forward Freight Agreements—D’Amico Dry, LTD. V. Primera Mar. (Hellas), LTD., 886 F.3d 216 (2d Cir. 2018), 42 Suffolk Transnat’l L. Rev. 269 (2019).

13. Prof. Loewy’s article The Use, Nonuse, and Misuse of Law Value Speech is cited in the following article: Dan T. Coenen, Quiet-Revolution Rulings in Constitutional Law, 99 B.U.L. Rev. 2061 (2019).

14. Prof. Murphy’s work in 4 Administrative Law and Practice § 11:13 is cited in the following article: Andrea Nishi, Privatizing Sentencing: A Delegation Framework for Recidivism Risk Assessment, 119 Colum. L. Rev. 1671 (2019).

News

1.  Associate Dean Wendy-Adele Humphrey was appointed to a three-year term on the AALS Sections Committee and also appointed to a third term on the Association of Legal Writing Directors (ALWD) Scholarship Grants Committee. In addition, she continues to serve on the Executive Committee of the State Bar of Texas Board of Directors and is a Co-Chair of the Legal Writing Institute’s 2020 Biennial Conference.

2. Professor Shannon has been asked by the Supreme Court of Texas to serve in a workgroup related to Senate Bill 362, a bill related to mental health.

3. Professor Shannon has been appointed by the Supreme Court of Texas and the Texas Court of Criminal Appeals to be part of the Legislative Research Committee for the Judicial Commission on Mental Health.

4. Professor Black was invited to speak on the topic: Cyberlaw Year in Review: The Human Element Becomes Critical.  

5. On October 11, 2039, Professor Beyer presented two papers which he was invited to give at the 39th Annual Tax & Estate Planning Forum held in San Diego, California. His first paper is entitled Technology’s Impact on the Changing Future of the Trusts and Estates Practice, and his second article is entitled Preparing a Will [Trust and Other Estate Planning Documents] for a Client with Communication Challenges.

6. Professor Baker was highlighted in the latest edition of the AALL Spectrum Magazine on page 31 discussing how to prepare information professionals to incorporate data analytics into their research, available at: https://www.aallnet.org/wp-content/uploads/2019/10/AALL-Spectrum-NovDec-2019_FINAL-WEB-10.21.19-1.pdf.

7. On October 28, 2019 Professor Beyer was in Austin, Texas at the Texas Law Center to record Texas Distinctive lecture for Intestacy, Wills, Trusts, and Estate Administration for the Texas Law Component of the Texas Bar Exam now that Texas has adopted the Uniform Bar Exam. All Texas bar exam candidates will view this lecture to learn how the Texas law of intestacy, wills, trusts, and estate administration differs from the generic law in these areas as tested on the UBE.

8. Professor Baker’s research on artificial intelligence and technology competency were recommended in the article, “Let’s Teach Our Students Legal Technology… But What Should We Include?” in the AALL Spectrum Magazine.

9. Professor Baker was invited to be a member of AALL’s State of the Profession Advisory Committee in 2018. After working with a group for over a year on the inaugural State of the Profession Survey, Professor Baker organized and co-presented on the findings of the Survey on Thursday, October 31, 2019, in the a national webinar called “Inside the AALL State of the Profession.”

 

September 2019 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 1st to September 30th, 2019.

Books & Treatises

1. Gerry W. Beyer & John K. Hanft, Wills, Trust, and Estates for Legal Assistants (6th ed. 2019).

Articles

1. Gerry W. Beyer, Estate Planning and Millennials, Law Professor Blogs Network (Sept. 9, 2019).

2. Laura Lee Prather & Robert T. Sherwin, The Changing Landscape of the Texas Citizens Participation Act, 52 Tex. Tech L. Rev. Online Ed. 1 (2019).

Op-Ed

1. Arnold Loewy and Charles Moster, It’s debatable: Should U.S. adopt constitutional amendment allowing cruel, unusual punishment for some killers?. Lubbock Avalanche-J. (Sept. 8, 2019 at 1:54 P.M.), https://www.lubbockonline.com/news/20190908/its-debatable-should-us-adopt-constitutional-amendment-allowing-cruel-unusual-punishment-for-some-killers.

2. Arnold Loewy and Charles Moster, It’s debatable: Should President Trump have encouraged Israel to deny congresswomen entry?, Lubbock Avalanche-J. (Sept. 29, 2019 at 1:01 A.M.), https://www.statesman.com/news/20190929/its-debatable-should-president-trump-have-encouraged-israel-to-deny-congresswomen-entry.

Citations

1. Prof. Robert T. Sherwin’s article Shoot First, Litigate Later: Declaratory Judgment Actions, Procedural Fencing, and Itchy Trigger Fingers is cited in the following article: Jorge L. Contreras, The New Extraterritoriality: Frand Royalties, Anti-Suit Injunctions and the Global Race to the Bottom in Disputes over Standards-Essential Patents, 25 B.U. J. Sci. & Tech. L. 251 (2019).

2. Prof. Murphy’s work in Administrative Law & Practice § 7:11 (3d ed.) is cited in the following article: Jolina C. Cuaresma, Commissioning the Consumer Financial Protection Bureau, 31 Loy. Consumer L. Rev. 426 (2019).

3. Prof. Robert T. Sherwin’s article Shoot First, Litigate Later: Declaratory Judgment Actions, Procedural Fencing, and Itchy Trigger Fingers is cited in the following article: Frederick Yarger, What to Consider Before Filing for a Rule 57 Speedy Hearing, Law 360 Expert Analysis (Sept. 12, 2019).

4. Prof. Chiappinelli’s article Just Like Pulling Teeth: How Dental Education’s Crisis Shows the Way Forward for Law Schools is cited in the following article: W. Edward Afield, Social Justice and the Low-Income Taxpayer, 64 Vill. L. Rev. 347 (2019).

5. Prof. Drake’s article The Need for Experiential Legal Research Education is cited in the following article: Nicole Downing, The Five-minute Exercise: A Method for Using Modified Lectures in the Legal Research Classroom, 38 Legal Reference Serv. Quarterly 1-2. (Jul. 3, 2019).

6. Prof. Camp’s article Theory and Practice in Tax Administration is cited in the following article: Samuel D. Brunson, Mormon Profit: Brigham Young, Tithing, and the Bureau of Internal Revenue, 2019 B.Y.U. L. Rev. 41 (2019).

7. Prof. Gerry’s article When You Pass on, Don’t Leave the Password Behind: Planning for Digital Asset is cited in the following article: Thomas R. Moore, The Upgraded Lawyer: Modern Technology and Its Impact on the Legal Profession, 21 U.D.C. L. Rev. 27 (2019).

8. Prof. Sutton’s article Asynchronous, E-Learning in Legal Education: A Comparative Study is cited in the following article: Pearl Goldman, Legal Education and Technology III: An Annotated Bibliography, 111 Law Libr. J. 325 (2019).

9. Prof. Loewy’s book Criminal Law: Cases and Materials, is cited in the following article: Carissa Byrne Hessick, The Myth of Common Law Crimes, 105 Va. L. Rev. 965 (2019).

10. Prof. Metze’s article Plugging the School-to-Prison Pipeline by Improving Behavior and Protecting Core Judicial Functions: A Constitutional Crisis Looms is cited in the following article: Kristen M. Blankley & Alisha Caldwell Jimenez, Restorative Justice and Youth Offenders in Nebraska, 98 Neb. L. Rev. 1 (2019).

11. Prof. Murphy’s work in Eight Things Americans Can’t Figure Out About Controlling Administrative Power is cited in the following article: Sidney A. Shapiro, Law, Expertise and Rulemaking Legitimacy: Revisiting the Reformation, 49 Envtl. L. 661 (2019).

12. Prof. Camp’s work in Disclosing President Trump’s Tax Returns-An Unconventional Idea is citied in the following article: Confidentiality of Tax Returns, Congressional Authority and the President; TAX LIGIATION ISSUES, New York Law Journal (Sept. 19, 2019).

13. Prof. Robert Sherwin’s article #HaveWeReallyThoughtThisThrough?: Why Granting Trademark Protection to Hashtags is Unnecessary, Duplicative, and Downright Dangerous is cited in the following treaties: 2 Gilson on Trademarks § 7A.17 (2019).

News

1.  As of September 7, 2019, Professor Beyer’s recent papers occupied the top three positions on the Recent Top Papers list for the Wills, Trusts, and Estates eJournal: 2019 Texas Estates & Trust Codes with Commentary, Estate Planning Highlights of the 2019 Texas Legislature, and Recent Cases: Intestacy, Wills, Probate, and Trusts.

2. On September 14, 2019, Professor Shannon provided a Legislative Update on recent mediation and arbitration statutes at a continuing legal education seminar sponsored by the Lubbock County Dispute Resolution Center.

3. On September 20, 2019, Professor Shannon provided a Legislative Update on 2019 legislation affecting persons with mental health issues in the criminal justice system at the Justice and Mental Health Collaboration Program seminar.

4. On September 23, 2019, Professor Shannon moderated a panel discussion entitled, Research Myth-Busters IV, along with NCAA Research staff at the 1A FAR 2019 Annual Meeting.

5. Professor Baker was recently appointed to a three-year term on the Editorial Board for the AALS Journal of Legal Education.

6. Professor Shannon is to speak at the “Fara Annual Meeting Division I” in November.

7. On September 26th, Professor Sutton was a panelist at PennLaw’s conference on the ethics of new weaponry, on the biological weapons panel and a panelist on the biological enhancements and genetics panel.

8. On September 27th – 29th, Professor Sutton spoke at the Online Learning Conference at the University Of Denver Strum College Of Law on scientific methods of evaluating online learning in legal education.

9. Professor Beyer recently accepted an invitation from the Texas Board of Law Examiners to prepare the Texas distinctive of Wills and Trusts for the Texas Law Component of the Texas has adopted the Uniform Bar Exam. All Texas bar exam candidates will view Professor Beyer’s lecture and read his materials to learn how the Texas law of intestacy, wills, or trusts differ from the generic law in these areas as tested on the UBE.

August 2019 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 1st to August 31st, 2019.

Books & Treatises

1. Gerry W. Beyer, Beyer’s Texas Property Code Annotated With Related Texas Law (2019 ed).

2. Gerry W. Beyer, Texas Estate Planning Statutes With Commentary (2019-2021 ed.).

Articles

1. Catherine Martin Christopher, Nevertheless She Persisted: Comparing Roe v. Wade’s Two Oral Arguments, 49 Seton Hall L. Rev. 307 (2019).

Op-Ed

1. Arnold Loewy and Charles Moster, It’s debatable: Should House pass resolution condemning member for ‘concentration camps’ remark?, Lubbock Avalanche-J. (Aug. 10, 2019 at 8:05 P.M.), https://www.lubbockonline.com/news/20190810/its-debatable-should-house-pass-resolution-condemning-member-for-concentration-camps-remark.

Quotes

1.  Prof. Metze is quoted in the following article: Neena Satija, How judicial conflicts of interest are denying poor Texans their right to an effective lawyer, Texas Tribune and Texas Monthly, (Aug. 19, 2019 at 12 A.M.), available at https://www.texastribune.org/2019/08/19/unchecked-power-texas-judges-indigent-defense/.

2. Prof. Beyer is quoted in the following article: David Voreacos & Neil Weinberg, Jeffrey Epstein Asset Forfeitures Wouldn’t Guarantee Payout for Accusers, Bloomberg Business (Aug. 13, 2019 at 1:36 P.M.), available at https://www.bloomberg.com/news/articles/2019-08-13/epstein-asset-forfeitures-wouldn-t-guarantee-payday-for-accusers.

3. Prof. Beyer is quoted in the following article: Katie Reilly, What Jeffrey Epstein’s Last-Minute Will Means for Accusers Trying to Recover Money From His Estate, TIME (Aug. 20, 2019), available at https://time.com/5656776/jeffrey-epstein-will-estate/.

Citations

1. Prof. Beyer’s article Target Best Practices for Guns Included in an Estate is cited in the following article: William Tyler Gilbert, Calling a Spade, A Spade: Infirmities Facing Bump Stock Regulation under the National Firearms Act, 107 Ky. L.J. 705 (2019).

2. Prof. Humphrey’s article “Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard is cited in the following article: C. Ashley Saferight, Clear as Mud: Constitutional Concerns with Clear Affirmative Consent¸67 Clev. St. L. Rev. 431 (2019).

3. Prof. Casto’s book The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth is cited in the following article: D.A. Jeremy Telman, Originalism and Second-Order IPSE Dixit Reasoning in Chisholm v. Georgia, 67 Clev. St. L. Rev. 559 (2019).

4. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited in the following article: Dyane L. O’Leary, Articles: License to Hack, 94 N.Y.U.L. Rev. Online 234 (2019).

5. Prof. Beyer’s article The Basics of Texas Intestate Succession Law is cited in the following article: John R. Berry, Financial Focus: Estate planning mistakes many make, Weatherford Democrat (Aug. 17, 2019).

6. Prof. Camp’s article Theory and Practice in Tax Administration is cited in the following article: Michelle Lyon Drumbl, Essay: Tax Attorneys as Defenders of Taxpayer Rights, 91 Temp. L. Rev. 813 (2019).

7. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: Leslie Book, Essay: Giving Taxpayer Rights a Seat at the Table, 91 Temp. L. Rev. 759 (2019).

8. Prof. Camp’s article Franklin Roosevelt and the Forgotten History of the EITC is cited in the following book: Michelle Lyon Drubl, Tax Credits for the Working Poor: A Call for Reform (2019).

9. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: William LaRosa, New Legal Problems, Old Legal Solutions: Bailment Theory as the Baseline Data Security Standard of Care Owed to an Opponent’s Data in E-Discovery, 167 U. Pa. L. Rev. 775 (2019).

10. Prof. Baker’s article 2018: A Legal Research Odyssey: Artificial Intelligence as Disruptor is cited in the following article: Anita Bernstein, Minding the Gaps in Lawyers’ Rules of Professional Conduct, 721 Okla. L. Rev. 125 (2019).

11. Prof. Baker’s article 2018: A Legal Research Odyssey: Artificial Intelligence as Disruptor is cited in the following article: Emily S. Taylor Poppe, The Future is Bright Complicated: AI, Apps & Access to Justice, 72 Okla. L. Rev. 185 (2019).

12. Prof. Beyer’s article Statutory Will Methodolgies—Incorporated Forms vs. Fill-in Forms: Rivalry or Peaceful Coexistence? is cited in the following article: Emily S. Taylor Poppe, The Future is Bright Complicated: AI, Apps & Access to Justice, 72 Okla. L. Rev. 185 (2019).

13. Prof. Beyer’s book Examples & Explanations: Wills, Trusts, and Estates is cited in the following article: Cheyenne VanKirk, Notes: Domestic Asset Protection Trusts: Ushering in the Klabacka Era, 42 Seattle U. L. Rev. 1559 (2019).

14. Prof. Camp’s article Lesson from the Tax Court: The Misunderstood Trust Fund Recovery Penalty is cited in the following article: T. Keith Fogg, Can the Taxpayer Bill of Rights Assist Your Clients?, 91 Temp. L. Rev. 705 (2019).

15. Prof. Murphy’s work on Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Leslie Book, Giving Taxpayer Rights a Seat at the Table, 91 Temp. Rev. 759 (2019).

16. Prof. Henry’s article Chapter 11 Zombies is cited in the following article: Amir Shachmurove, Escape from Pandemonium: Reconciling §363(F) and §365(H) in Qualitech’s Shadow and Spanish Peaks’ Wake, 27 Am. Bankr. Inst. L. Rev. 181 (2019).

17. Prof. Camp’s work on Disclosing President Trump’s Tax Returns—An Unconventional Idea is cited in the following article: Arthur Delaney, Democrats Just Got a Break in Their Trump Tax Return Case, The Huffington Post (Aug. 22, 2019 at 8:04 P.M.).

18. Prof. Humphrey’s article Let’s Talk About Sex’: Legislating and Educating on the Affirmative Consent Standard is cited in the following article: Anupriya Dhonchak, Standard of Consent in Rape Law in India: Towards an Affirmative Standard, 34 Berkeley J. Gender L. & Just. 29 (2019).

19. Prof. Camp’s article The Misguided Drive To Measure ‘Learning Outcomes’ is cited in the following article: Hilary G. Escajeda, Legal Education: A New Growth Vision Part II—The Groundwork: Building a Customer Satisfying Innovation Ecosystem, 97 Neb. L. Rev. 935 (2019).

News

1. On July 26, 2019, Horn Professor Brian Shannon spoke at the 36th Congress of the International Academy of Law & Mental Health in Rome, Italy, at the Università degli Studi Internazionali di Roma. Shannon’s presentation was entitled, “Pursuing Outpatient & Jail-Based Competency Restoration as Alternatives to Overcrowded State Hospitals: A Texas Experience.”

2. On August 14th, Dr. Brie Sherwin was an invited panelist at the National Science Foundation Workshop: Networking for Environmental Sustainability in Arid Region Urban Communities at Texas Tech University. Her presentation titled, Community Environmental Health: A Novel Approach, discussed environmental health as a social justice issue and provided participants with methods for persuading decision-makers to enact change in their respective communities.

3. Professor Beyer’s new book Texas Estate Planning Statutes with Commentary, was the “#1 New Release” on Amazon.com in the Estates & Trust Law category.

4. On August 16, 2019 Horn Professor Shannon moderated a discussion of rulemaking authority that the legislature recently delegated to the Texas Supreme Court, at a meeting of the Texas Judicial Mental Health Commission in Austin, Shannon is an appointed Commissioner.

5. On August 21, 2019, Horn Professor Shannon addressed all of the Texas Tech coaches and athletics staff regarding NCAA rules compliance.

6. On August 21, 2019, Horn Professor Shannon addressed the Texas Governor’s Committee on People with Disabilities on the subject of recent legislation relating to mental health and criminal justice.

7. On August 22, 2019, Horn Professor Shannon addressed over 100 new Texas Tech faculty members on responsibilities for faculty relating to NCAA rules compliance regarding student-athletes in their classes.

8. On August 22, 2019, Professor Beyer was an invited speaker at an Annual Meeting of the Texas College of Probate Judges held in San Antonio, Texas. Professor Beyer presented his paper entitled Recent Cases: Intestacy, Wills, Probate, and Trusts.

9. Assistant Dean for Career & Professional Development, Paula Smith, was named a 2019 Top Techsan honoree.

10. On August 28, 2019, Prof. Gerry W. Beyer was an invited participant for a live webcast roundtable entitled Wills in the Cloud – The Pros, Cons, and Inevitability of Electronic Wills sponsored by InterActive Legal. Approximately 400 attorneys from around the nation registered to watch this event. Prof. Beyer’s discussion included the following topics: A discussion of the background of electronic wills and existing jurisprudence (that is, how we got here!); A debate over what the panelists see as the pros (yes, there are some!) and cons of electronic wills; Technical questions about how to authenticate electronic signatures and prove identity, and how electronic will statutes address these challenges; and Going paperless – electronic storage of the electronic will, and what that means for estate plan updates and the eventual probate. You can learn more about it here