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.

December 2017 Law Faculty Publications & News

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

Books:

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

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

Op-Ed:

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

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

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

Cited:

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

2. Prof. Brie Sherwin’s article Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, and State Exceptionalism Failed Flint, Michigan is cited in the following article: Toni M. Massaro and Ellen Elizabeth Brooks, Flint of Outrage, 93 NOTRE DAME L. REV. 155 (2017).

3. Prof. Humphrey’s article “But I’m Brain-Dead and Pregnant”: Advance Directive Pregnancy Exclusions and End-of-Life Wishes is cited in the following article: Carol Sanger, The Lopsided Harms of Reproductive Negligence, 118 COLUM. L. REV. ONLINE 29 (2017).

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

5. Prof. Casto’s article The Federal Courts’ Protective Jurisdiction over Torts Committed in Violation of the Law of Nations is cited in the following article: Chris Thomale, Sovereign Wealth and Social Responsibility, 52 WAKE FOREST L. REV. 981 (2017).

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

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

Quoted:

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

News:

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

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

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

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

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

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

November 2017 Law Faculty Publications & News

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

Books:

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

Articles:

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

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

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

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

Op-Ed:

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

Cited:

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

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

3. Prof. Murphy’s article Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: Stephanie Hunter McMahon, Pre-Enforcement Litigation Needed for Taxing Procedures, 92 Wash. L. Rev. 1317 (2017).

4. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: Stephanie Hunter McMahon, Pre-Enforcement Litigation Needed for Taxing Procedures, 92 Wash. L. Rev. 1317 (2017).

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

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

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

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

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

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

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

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

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

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

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

News:

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