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

May 2018 Law Faculty Publications & News

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

Articles:

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

Books:

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

Op-Ed:

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

Cited:

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

Quoted:

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

News:

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

 

April 2018 Law Faculty Publications & News

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

Articles:

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

Cited:

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

Quoted:

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

News:

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

March 2018 Law Faculty Publications & News

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

Book Chapters:

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

Articles:

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

Cited:

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

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

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

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

  1. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse is cited in the following article: Zachary S. Price, Funding Restrictions and Separation of Powers, 71 Vand. L. Rev. 357 (2018).
  1. Prof. Christopher’s article The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking, Bitcoin, and the Blockchain is cited in the following article: Rory Van Loo, Making Innovation More Competitive: The Case of Fintech, 65 UCLA L. Rev. 232 (2018).
  1. Prof. Rosen’s article Civilian Courts and the Military Justice System: Collateral Review of Courts-Martial is cited in the following article: Russell Spivak, Undue Sacrifice: How Female Sexual Assault Victims Fight the Military While Fighting in the Military, 25 Duke J. Gender L. & Pol’y 77 (2017).

Quoted:

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

News:

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

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.