June 2022 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 June 1st to June 30th, 2022.

Quotes

Citations

  1. Prof. Bryan T. Camp’s article The Play’s The Thing: A Theory of Taxing Virtual Worlds, was cited in the following article: Seldon A. Evans, Pandora’s Box, 90 Geo. Wash. L. Rev. 376 (2022).
  2. Prof. Gerry W. Beyer’s article Leona Helmsley’s Will-A Detailed Analysis, was cited in the following article: William A. Drennan, Restricting Funeral Expense Deductions, 126 Dick. L. Rev. 429 (2022).
  3. Prof. Jarod S. Gonzalez’s review The New Batson: Opening the Door of the Jury Deliberation Room after Pena-Rodriguez v. Colorado was cited in the following article: Daniel S. Harawa, The False Promise of Pena-Rodriguez, 109 Calif. L. Rev. 2121 (2021).
  4. Prof. Richard W. Murphy’s review Due Process and Judicial Review of Government Kill Lists was cited in the following article: The “Bedrock Principle” That Wasn’t: Alliance for Open Society II and the Future of the Noncitizens’ Extraterritorial Constitution, 53 Colum. Hum. Rts. L. Rev. 345 (2021).
  5. Prof. Richard W. Murphy’s review Abandon Chevron and Modernize Stare Decisis for the Administrative State, was cited in the following article: Amy Semet, Statutory Interpretation and Chevron Deference in the Appellate Courts: An Empirical Analysis, 12 UC Irvine L. Rev. 621 (2022).
  6. Prof. Brie D. Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid: A Story of Unfettered Secrecy, Toxicology, and the Resulting Public Health Implications of Natural Gas Development is cited in the following article: Trevor Gruwell, Promoting Industry Transparency in the Field of Hydraulic Fracturing to Facilitate Equitable Balancing of Economic Interests and Public Health, 10 LSU J. of Energy L. & Resources 119 (2022).
  7. Prof. Gerry W. Beyer’s article Rule Against Perpetuities, is cited in the following article: Nancy Shurtz, Estate Planning Articles of Interest, 49 Est. Plan. 30 (2022).
  8. Prof. Richard D. Rosen’s article Funding Non-Traditional Military Operations: The Alluring Myth of a Presidential Power of the Purse, is quoted in the following article: Edward A. Fitzgerald, Sierra Club v. Trump, California v. Trump: Border Wall Funding Knocked Down, 12 Ariz. J. Envtl. L. & Pol’y 179 (2022).
  9. Prof. Gerry W. Beyer’s review Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns was cited in Robert P. Schuwerk & Lillian B. Hardwick’s section of 48 Tex. Prac., Tex. Lawyer & Jud. Ethics sec. 2:4 (2022 ed.).
  10. Prof. Eric W. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro was cited in the following article: Megan M. La Belle, Personal Jurisdiction and the Fairness Factor(s), Emory L. J. 72 (2022).
  11. Prof. Eric. W. Chiappinelli’s article How Delaware’s Corporate Law Monopoly Was Nearly Destroyed, was cited in the following article: Kiran Nasir Gore, Delaware as a Next Generation Hub for International Arbitration Practice: Building the Case for the First State, Beaumontm Flouchard & Brodlija, International Commercial Arbitration: Quo Vadis? (Kluwer 2022).
  12. Prof. William R. Castro’s commentary An Orthodox View of the Two-Tier Analysis of Congressional Control over Federal Jurisdiction was cited in the following article: Charles M. Yablon, Inherent Judicial Authority: A Study in Creative Ambiguity, Cardozo L. Rev. 1035 (2022).
  13. Prof. Robert T. Sherwin’s article Evidence? We Don’t Need No Stickin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens TO De-Fang a Popular Weapon Against Frivolous Litigation was cited in the following publication: Barker & Kent, New Appleman Insurance Bad Faith Litigation, Second Edition §  8.20 (Matthew Bender, Rev. Ed.)
  14. Prof. Richard Murphy’s publication Administrative Law and Practice sec. 12:21 was cited in the following publication: Medicare & Medicaid Guide P. (2022).
  15. Prof. Nancy J. Soonpaa’s article Stress in Law Students was cited in the following article: Christopher L Mathis, An Access and Equity Ranking of Public Law Schools, Rutgers U. L. Rev. 667 (2022).
  16. Prof. Dustin B. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing was cited in the following article: David M. Wilson & Stephanie W. Schmidt, Keeping Secrets: The Practical, Legal, and Ethical Implications of Maintaining Confidentiality in Discovery, 16 No. 4 In-House Def. Q. 26 (2021).
  17. Prof. Richard W. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State was cited in the following article: Ronald M. Levin, The APA and the Assault on Deference, 106 Minn. L. Rev. 125 (2021).
  18. Prof. William R. Castro’s article The Tort Liability of Insane Persons for Negligence: A Critique was cited in the following publication: Restatement (3d) of Torts: Liability for Physical Harm sec. 11 (2022).
  19. Prof. Brian Shannon was cited in the Texas AOT Practitioner’s Guide (2022).
  20. Prof. Gerry W. Beyer & Claire G. Hargrove’s article Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? Was cited in the following article: David Horton, Revoking Wills, Notre Dame L. Rev. 563 (2022).
  21. Prof. Catherine M. Christopher’s article The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking Bitcoin, and the Blockchain was cited in the following article: Casey W. Baker, Thomas Norton, & Ralph E. McKinney, U.S. State Taxation of Cryptocurrency-Involved Transactions: Trends and Considerations for Policy Makers, 75 Tax Law. 601 (2022).
  22. Prof. Gerry W. Beyer’s articles Statutory Fill-in-the Blank Will Forms—the First Decade: Theoretical Constructs and Empirical Findings & Statutory Will Methodologies—Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexisentence? Were cited in the following publication: Restatement (Third) of Property: Wills and Other Donative Transfers sec. 3.1 Attested Wills (2022).
  23. Prof. Victoria Sutton’s article Wind and Wisdom was cited in the following article: Angelique Eaglewoman, Wambdi A. Was’teWinyan, Trailblazing and Living a Purposeful Life in the Law: A Dakota Woman’s Reflections as a Law Professor, 51 Sw. L. Rev. 227 (2022).
  24. Prof. Bryan T. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds was cited in the following article: David Elkins, A Scalar Conception of Tax Residence, 41 Va. Tax. Rev. 149 (2022).
  1. Prof. Richard W. Murphy’s 3 Admin. L. & Prac. § 9:24 (3d ed 2019). was quoted in the following article: Jayanth K. Krishnan, Overstepping: U.S. Immigration Judges and the Power to Develop the Record, Wis. L. Rev. 57 (2022).
  2. Prof. Richard W. Murphy’s 3 Admin. L. & Prac. § 9:24 (3d ed 2019) was quoted in the following article: Stephan E. Smith, Asking Too Much: The Ninth Circuit’s Erroneous Review of Social Security Disability Determinations, 26 Lewis & Clark L. Rev. 229 (2022).
  3. Prof. Gerry W. Beyer’s article Leona Helmsley’s Will—A Detailed Analysis was quoted in the following article: William A. Drennan, Restricting Funeral Expense Deductions, 126 Dick. L. Rev. 429 (2022).

News

  1. Prof. Gerry W. Beyer’s review The Double-Edged Sword of Hunting Heirs, was posted on JOTWELL, The Journal of Things We Like (Lots), on June 14, 2022. In this review, he critiques David Horton & Reid Kress Weisbord, Heir Hunting, 169 U. Pa. L. Rev. 383 (2021).
  2. Sally M. Henry spoke at a Federal Bar Association webinar “Ripped From the Headlines: Hot Topics in Bankruptcy” on May 4, 2022.
  3. On May 4 and 5, 2022, Prof. Gerry W. Beyer was in Galveston, Texas to serve as the featured presenter at the Texas Association of Counties’ Probate Academy. To an audience of Constitutional County Court judges and their clerks, Prof. Beyer made the following presentations:
    • Judicial Update: Appellate Court Decisions
    • Will Interpretation & Construction Issues
    • Handling Requests for Digital Assets, Cryptocurrency, and NFTs
    • Requirements of a Valid Texas Will
    • Intestate Succession: Who Gets What and Why?
    • Alternatives to Traditional Probates
    • Q&A with Professor Beyer
  1. On May 10, 2022, Prof. Gerry W. Beyer was the guest speaker at two events in Las Vegas. First, at the breakfast meeting of the Southern Nevada Estate Planning Council, he presented his paper entitled Anticipating Will Contests and How to Avoid Them. At lunchtime, he presented his paper entitled Estate Planning in a Cyber World: Cryptocurrency, Non-Fungible Tokens, and E-mail as part of the Northern Trust Master Series.
  2. On April 29, 2022, Prof. Gerry W. Beyer was an invited speaker at the 41st Annual Kansas City Estate Planning Symposium held in Overland Park, Kansas. Prof. Beyer presented two of his papers, What Estate Planners in Common Law Marital Property States Need to Know About Community Property and Avoiding the Estate Planning Blue Screen of Death With Competent and Ethical Practices, to an audience of over 500 estate planning attorneys and other professionals with over 200 attending in-person and 300 virtually.
  3. On May 12, 2022, Prof. Gerry W. Beyer traveled to Odessa, Texas to serve as the luncheon speaker for the Midland-Odessa Business and Estate Council. His presentation and accompanying article were entitled Recent Developments from the Texas Courts.
  4. On May 13, 2022, Prof. Gerry W. Beyer traveled to Amarillo, Texas where he was a featured speaker at the 30th Annual Institute on Estate Planning sponsored by the Amarillo Area Estate Planning Council. His presentations and accompanying articles were entitled Estate Planning for Cyber Property and Recent Developments.
  5. Prof. Brian Shannon was acknowledged in Executive Board Notes, 54 Tex. Tech L. Rev. I (2022).
  6. Associate Dean Alyson Outenreath was acknowledged in Executive Board Notes, 54 Tex. Tech L. Rev. I (2022).
  7. On May 17, 2022, Prof. Gerry W. Beyer spoke virtually for the Eugene (Oregon) Estate Planning Council. His topic and accompanying article were entitled Estate Planning in a Cyber World: Cryptocurrency, Non-Fungible Tokens, and E-mail.
  8. Prof. William R. Castro was named as one of the Members Consultative Group of the Restatement (Third) of Unfair Competition Members (1993) updated in 2022.

May 2022 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 1st to May 31st, 2022.

Articles, Essays, and Reviews

  1. Prof. Victoria Sutton, What Have We Learned about Federalism and Public Health Emergencies Since 2001?, 69-FEB Fed. Law. 50 (2022).

Citations

  1. Prof. Gerry W. Beyer’s article Videotape and the Probate Process is cited in the following publication: Eunice L. Ross & Thomas J. Reed, Will Contests sec. 14:14 2d ed. (2022).
  1. Prof. Bryan T. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Word’s is cited in the following article: Sheldon A. Evans, Pandora’s Loot Box, 90 Geo. Wash. L. Rev. 376 (2022).
  1. Prof. Gerry W. Beyer’s article Ante-Mortem Probate: A Viable Alternative is cited in the following article: Reid K. Weisbord & David Horton, The Future of Testamentary Capacity, 79 Wash. & Lee L. Rev. 609 (2022).
  1. Prof. Arnold H. Loewy’s article Why Roe v. Wade Should be Overruled is cited in the following article: Clarke D. Forsythe & Regina Maitlen, Stare Desis, Settled Precedent, and Roe v Wade: An Introduction, 34 Regent U. L. Rev. 385 (2021-22).
  1. Prof. William R. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion is cited in the following article: Joshua J. Schroeder, Leviathan Goes to Washington: How to Assert the Separation of Powers in Defense of Future Generations, 15 Fla. A&M U. L. Rev. 1 (2021).
  1. Prof. Jarod S. Gonzalez’s article On the Edge: The ADA’s Direct Threat Defense and the Objective Reasonableness Standard is cited in the following article: Kimberly L. Jones & Emma M. Feeney, COVID-19 and the Americans with Disabilities Act: When Might the Disease be Considered a Disability for which Employees Have Legal Protections in the Workplace?, 99 Denv. L. Rev. 311 (2022).
  1. Prof. Jarod S. Gonzalez’s article At the Intersection of Religious Organization Mission and Employment Laws: The Case of Minister Employment Suits is cited in the following article: Patrick Hornbeck, A Nun, A Synagogue Janitor, and a Social Work Professor Walk Up to the Bar: The Expanding Ministerial Exception, 70 Buff. L. Rev. 695 (2022).
  1. Prof. Richard Murphy’s article Notice and Opportunity to be Heard Before the President Kills You is cited in the following article: Michael Herz & Kevin M. Stack, The False Allure of the Anti-Accumulation Principle, 102 B.U. L. Rev. 925 (2022).
  1. Prof. Gerry W. Beyer’s article When You Pass on, Don’t Leave the Passwords Behind: Planning for Digital Assets is cited in the following article: Andrew Gilden, Endorsing After Death, 63 Wm. & Mary L. Rev. 1531 (2022).
  1. Prof. Jaord S. 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: Farhan I. Mohiuddin, Getting Paid to Discriminate: The Clash Between Religious Autonomy and Principles of Justice and Fairness, 59 Hous. L. Rev. 973 (2022).
  1. Prof. William R. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion is cited in the following article: T. T. Arvind & Christian R. Burset, A New Report of Entick v. Carrington (1765), 110 Ky. L.J.265 (2021-22).
  1. Prof. Richard W. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Jonathan H. Adler, Super Deference and Heightened Scrutiny, 74 Fla. L. Rev. 267 (2022).
  1. Prof. John L. Watts’ article Tyranny by Proxy: State Action and the Private Use of Deadly Force is cited in the following article: Jacob D. Charles & Darrell A. H. Miller, Violence and Nondelegation, 135 Harv. L. Rev. F. 463 (2022).
  1. Prof. John L. Watts’ article Differences without Distinctions: Boyle’s Governmental Contractor Defense Fails to Recognize the Critical Difference Between Civilian and Military Plaintiffs and Between Military and Non-Military Procurement is cited in the following publication: Dan B. Dobbs, Paul T. Hayden, & Ellen M. Bublick, Dobbs’ Law of Torts, § 352 (2d ed. 2022).
  1. Prof. Dustin B. Benham’s article Twombly and Iqbal Should (Finally) Put the Distinction between Intrinsic and Extrinsic Fraud out of its Misery is cited in the following article: Amir Shachmurove, Entombed Writs’ Effective Renaissance: Surveying and Sealing Federal Rule of Civil Procedure 60(B)’s Interpretive Gaps, 70 Clev. St. L. Rev. 761 (2022).
  1. Prof. William R. Casto’s article Foreign Affairs and the Constitution in the Age of Fighting Sail is cited in the following article: Homer A. La Rue, Outsourcing the Cyber Kill Chain: Reinforcing the Cyber Mission Force and Allowing Increased Contractor Support of Cyber Operations, 12 J. Nat’l Security L. & Pol’y 583 (2022).
  1. Prof. Larry R. Spain’s article The Opportunities and Challenges of Providing Equal Access to Justice in Rural Communities is cited in the following article: Luz E. Herrera, Amber Baylor, et al., Evaluating Legal Needs, 36 Notre Dame J.L. Ethics & Pub. Pol’y 175 (2022).

Notes

  1. Prof. Richard Murphy’s Admin L. & Prac. §§ 4:22, 5:68 (3d ed. 2019) was mentioned in the Medicare and Medicaid Prac. Guide (2022).
  1. Prof. Gerry W. Beyer’s article Non-Fungible Tokens: What Every Estate Planner Need to Know was mentioned in the following article: Anna Sulkin, The Busy Practitioner’s Guide to Recent Journal Articles, Trusts & Estates (2022).
  1. On June 15, 2022, Prof. Gerry W. Beyer received the Distinguished Probate Attorney Lifetime Achievement Award presented by the Real Estate, Probate, and Trust Law Section of the State Bar of Texas at the State Bar’s Advanced Estate Planning & Probate Course in San Antonio. This award recognizes distinguished Texas probate attorneys who have made significant and sustained contributions to the Texas probate, estate, and trust law bar throughout their careers.
  1. Professor Gerry W. Beyer’s Barbri Wills & Trusts presentations are distributed nationally to recent law school graduates who are studying for the July 2022 bar examination. In total, students taking the bar exam in 44 states view his videos: all UBE states as well as California, Hawaii, South Dakota, and Wisconsin.  In addition, Prof. Beyer regularly answers questions from Bar/Bri students located in these states by e-mail or Zoom conferences.

January 2020 Law Faculty Publications & News

Throughout the month of 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 1st to January 31st, 2020.

Books & Treaties

1. 9 & 10, Gerry W. Beyer, Texas Practice Series: Texas Law of Wills (2019-2020 ed. Sup.).

2. 38 & 39, Gerry W. Beyer, the Texas Practice Series: Marital Property and Homesteads (Supp. 2019-2020 ed.).

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

4. 12, 12A, & 12B, Gerry W. Beyer, West’s Texas Forms—Administration of Decedent’s Estates and Guardianships (Supp. 2019-2020 ed.).

Articles

1. Gerry W. Beyer, ed., Keeping Current–Probate, Prob. & Prop. at 30, (Jan./Feb.2020).

2. Gerry W. Beyer, 2019 Year in Review: Estate Planning and Probate Law, 83 Tex. B. J. 38 (2020).

3.  Gerry W. Beyer, Technology’s Impact on the Changing Future of the Trusts and Estates Practice, Est. Plan. Dev. for Tex. Prof. at 1, (2020).

4. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 58-1 Real Est., Prob., & Tr. L. Rep., at 6 (2020).

5. Gerry W. Beyer, Potpourri, 58-1 Real Est., Prob., & Tr. L. Rep,. at 5 (2020).                     

6.Gerry W. Beyer, 2019 Year in Review: Estate Planning and Probate Law, 83 Tex. B.J. 38 (2020).

Op-Ed

1. Arnold Loewy and Charles Moster, It’s debatable: How serious should we get about Robocall punishment?, Lubbock Avalanche-J. (Jan. 12, 2020 at 6:01 am); https://www.lubbockonline.com/news/20200112/its-debatable-how-serious-should-we-get-about-robocall-punishment.

Citations

1. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: David Gray, A Right To Go Dark (?), 72 SMU L. Rev. 621 (2019).

2. Prof. Camp’s article Play’s the Thing: A Theory of Taxing Virtual Worlds is cited in the following article: Cody Wilson, Taxing Trades: Proposals to Keep Moneyball Out of Tax Law, 72 SMU L. Rev. 953 (2019).

3. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Hillary L. Kody, Standing to Challenge Familial Searches of Commercial DNA Databases, 61 Wm. & Mary L. Rev. 287 (2019).

4. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Ganesh Sitaraman & Ariel Dobkin, The Choice Between Single Director Agencies and Multimember Commissions, 71 Admin. L. Rev. 719 (2019).

5. Prof. Tracy Pearl’s article Hands on the Wheel: A Call for Greater Regulation of Semi-Autonomous Cars is cited in the following article: Rachel E. Sachs, Regulating Intermediate Technologies, 37 Yale J. on Reg. 219 (2020).

6. Prof. Beyer’s article Texas and the Uniform Trust Code is cited in the following article: Robert Barton, Just Say No: Reasons States Have Not Adopted the UTC, 45 ACTEC L.J. 5 (2019).

7. Prof. Tracy Pearl’s article Fast & Furious: The Misregulation of Driverless Cars is cited in the following article: Sean Bollman, Autonomous Vehicles: A Future Fast Approaching With No One Behind the Wheel, 20 U. Pitt. J. Tech. L. & Pol’y 1 (2019-2020).

8. Prof. Murphy’s article The Brand X Constitution is cited in the following article: Mark H. Gallant, Medicaid Expansion Developments in the Wake of the NFIB Decision, 20130320 AHLA Seminar Papers 48 (Mar. 20, 2013).

9. Prof. Tracy Pearl’s article Fast & Furious: The Misregulation of Driver less Cars is cited in the following article: Rachel E. Sachs, Regulating Intermediate Technologies, 37 Yale J. on Reg. 219 (2020).

10. Prof. Tracy Pearl’s article Hands on the Wheel: A Call for Greater Regulation of Semi-Autonomous Cars is cited in the following article: Rachel E. Sachs, Regulating Intermediate Technologies, 37 Yale J. on Reg. 219 (2020).

11. Prof. Chiappinelli’s article Just Like Pulling Teeth: How Dental Education Crisis Shows the Way Forward for Law Schools is cited in the following article: Mark Edwin Burge, Access to Law or Access to Lawyers? Master’s Programs in The Public Educational Mission of Law Schools, 74 U. Miami L. Rev. 143 (2019).

12. Prof. Murphy’s article Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: Emily S. Bremer, The Exceptionalism Norm in Administrative Adjudication, 2019 Wis. L. Rev. 1351 (2019).

13. Prof. Henry’s article Remarks at the 36th Annual Jay L. Westbrook Bankruptcy Conference: Looking the Chapter 11 Gift Horse in the Mouth After Jevic is cited in the following article: David S. Stevenson, Grab the Fire Extinguisher: Comparing UK Schemes of Arrangement to U.S. Corporate Bankruptcy After Jevic, 68 Clev. St. L. Rev. 73 (2019).

14. Prof. Casto’s article The New Federal Common Law of Tort Remedies for Violations of International Law is cited in the following article: Hidden Renvoi: The Search for Corporate Liability in Alien Tort Statute Litigation, 107 Calif. L. Rev. 2071 (2019).

15. 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: Kristen Underbill, Price and Prejudice: An Empirical Test of Financial Incentives, Altruism, and Racial Bias, 48 J. Legal Stud. 245 (2019).

16. Prof. Beyer’s work in Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? is cited in the following article: Reid Kress Weisbord & David Horton, Inheritance Forgery, 69 Duke L.J. 855 (2020).

17. Prof. Chiappinelli’s work Jurisdiction over Directors and Officers in Delaware is cited in the following article: Megan Wischmeier Shaner, The Corporate Chameleon, 54 U. Rich. L. Rev. 527 (2020).

18. Prof. Chiappinelli’s article The Underappreciated Importance of Personal Jurisdiction in Delaware’s Success is cited in the following article: Megan Wischmeier Shaner, The Corporate Chameleon, 54 U. Rich. L. Rev. 527 (2020).

19. Prof. Casto’s article The New Federal Common Law of Tort Remedies for Violations of International Law is cited in the following article: Isaac Ramsey, Hidden Renvoi: The Search for Corporate Liability in Alien Tort Statute Litigation, 107 Calif. L. Rev. 2071 (2019).

News

1. Professor Beyer has been reappointed by the REPTL Council to be the Editor-In-Chief of the REPTL Reporter.

2. Professor Beyer was interviewed by BottomLine which used the interview to create a story entitled Pros and Cons of Electronic Wills which appears in the February 1, 2020 issue at page 9.

3. Professor Camp had seven of the ten articles that were listed recently as the ten most popular posts of the decade on TaxProf Blog.

4. On January 16, 2020, Professor Beyer was an invited speaker at the Heckerling Estate Planning Institute in Orlando, Florida which is “the nation’s premier conference for estate planning professionals, offering unparalleled educational and professional development opportunities for all members of the estate planning team” with an attendance of approximately 3,5000 professionals. Professor Beyer presentation and accompanying article were entitled Don’t Get Lost in Cyberspace: How to Plan for and Administer Digital Assets.

5. Prof. Beyer has been appointed by the American College of Trust and Estate Council to the following committees and task forces: Academic Membership Committee, Artificial Intelligence Task Force, Digital Property Committee, Legal Education Committee, Program Committee, and State Laws Committee.

6. On January 15, 2020, Professor Sutton was the featured in an article about her documentary The Court Martial of Apache Kid. Professor Dick Baker, Dean Jamie Baker, and Professor Rosen are also mentioned in the article. The article is Mckenzi Morris, Law Professor Creates Documentary as a Learning Tool for Students, TTU Today (Jan. 15, 2020).

7. Associate Dean Humphrey was selected to receive the 2020 YWCA Women of Excellence Award. She nominated by the School of Law and will receive the award at the YWCA awards banquet on March 12th.

8. Associate Dean Humphrey is the recipient of the 2019-2020 Faculty Distinguished Leadership Award. This prestigious award is given by the Texas Tech Parents Association, and she will receive the award during the Association’s annual awards breakfast on February 1st.

9. Associate Dean Humphrey was the guest speaker at the Lubbock County Women Lawyers Association luncheon on January 16th. Her topic was “#MeToo and Barriers to Gender Equity in the Legal Profession.”

10. On January 24, 2020, Professor Beyer was the primary speaker at Estates Planners Day 2020 in Tuscon, Arizona sponsored by the Southern Arizona Estate Planning Council. The titles of his presentations and papers are: Anticipating Will Contests and How to Avoid Them; Technology’s Impact on the Changing Future of the Trusts and Estates Practice; State Law Pitfalls: Don’t Step in it When Your Client Steps Across State Lines; and Your Pleasure or Business Cannabis Client: It’s High Time Estate Planners Know What to Do.

11. Professor Shannon was a panelist on the NCAA Division I Issues Panel at the NCAA Faculty Athletics Representatives Association (FARA) national conference in Seattle on November 7, 2019.

12. Professor Shannon was a panelist as part of a program focusing on Student-Athlete Well-Being at the NCAA Faculty Athletics Representatives Association (FARA) national conference in Seattle on November 9, 2019.

13. Professor Shannon provided a Legislative Update to over 500 participants at the 2nd Annual Texas Judicial Mental Health Summit in San Marcos, Texas, on November 18, 2019.

14. Professor Shannon participated as part of a Model Civil Mental Health Code Working Group sponsored by the Equitas Project in Denver on November 21, 2019.

15. Professor Shannon was the luncheon speaker for the South Plains Trusts & Estate Council on the topic of special needs trusts on January 16, 2020, in Lubbock, Texas.

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.

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.