Category: Faculty Publications

March 2017 Law Faculty Publications & News

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

Published:

1. GERRY W. BEYER, 13, 15 WEST’S TEX. FORMS, REAL PROPERTY (2d ed. 2017).

2. Richard Murphy, Administrative Law and Practice, 2 ADMIN. L. & PRAC. § 5:18 (3d ed.). (Feb. 2017 Update).

Articles:

  1. Sally McDonald Henry, Chapter 11 Zombies, 50 Ind. L. Rev. 579 (2017).

Cited:

  1. Prof. Beyer’s article, When You Pass On, Don’t Leave the Passwords Behind: Planning for Digital Assets, was cited in the following article: Natalie M. Banta, Property Interests in Digital Assets: The Rise of Digital Feudalism, 38 Cardozo L. Rev. 1099 (2017).
  1. Prof. Beyer’s blog, Murderer’s Family Faces Court Battle Over Inheritance, was cited in the following article: Kelsey I. Cox, The Need for Reform: A Comprehensive Legislative Analysis of the Illinois “Slayer Statute”, 11 Charleston L. Rev. 119 (2017).
  1. Prof. Christopher’s article, Whack-A-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Money Laundering, was cited in the following article: Lawrence J. Trautman and Alvin C. Harrell, Bitcoin Versus Regulated Payment Systems: What Gives?, 38 Cardozo L. Rev. 1041 (2017).
  1. Prof. Camp’s article, The Mysteries of Erroneous Refunds, was cited in the following article: Allen D. Madison, The Legal Consequences of Noncompliance with Federal Tax Laws, 70 Tax Law. 367 (2016).
  1. Prof. Camp’s article, The Play’s the Thing: A Theory of Taxing Virtual Worlds, was cited in the following article: Adam B. Thimmesch, Transacting in Data: Tax, Privacy, and the New Economy, 94 Denv. L. Rev. 145 (2017).
  1. Prof. Camp’s article, Form over Substance in the Fifth Circuit was cited in the following article: Bret Wells, The Foreign Tax Credit War, 2016 B.Y.U. L. Rev. 1895 (2016).
  1. Prof. Murphy’s article, The Limits of Legislative Control Over the “Hard-Look”, was cited in the following article: D.A. Candeub, Tyranny and Administrative Law, 59 Ariz. L. Rev. 49 (2017).
  1. Prof. Murphy’s update on the Administrative Law & Practice treatise was cited in the following article: Sally Brown Richardson, Privacy and Community Property, 95 N.C. L. Rev. 729 (2017).
  1. Prof. Benham’s essay, Emerging Issues in Texas Dismissal Practice: Pleading Standards and Important Miscellany, was cited in the following comment: George Hayek, TRCP 91a: Resolving the Confusion, 54 Hous. L. Rev. 775 (2017).

Quoted:

  1. Prof. Camp’s article, ‘Loving’ Return Preparer Regulation, was quoted in: Jay A. Soled & Kathleen DeLaney Thomas, Regulating Tax Return Preparation, 58 B.C.L. Rev. 151, 204 (2017).
  1. Prof. Murphy’s & Charles H. Koch Jr. 2016 treatise update of 4 Admin. L. & Prac. § 13:14 (3d ed.), was quoted in: John Kendrick, (Un)limiting Administrative Review: Wind River, Section 2401(a), and the Right to Challenge Federal Agencies, 103 Va. L. Rev. 157, 210 (2017).
  1. Prof. Murphy’s article, Judicial Deference, Agency Commitment, and Force of Law, was quoted in: Aditya Bamzai, The Origins of Judicial Deference to Executive Interpretation, 126 Yale L.J. 908 (2017).
  1. Prof. Humphrey’s article, ‘‘Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard, was quoted in the following: Eleanor Christie Gourley, Getting to Yes-Means-Yes: Re-Thinking Responses to Rape and Rape Culture on College Campuses, 52 Wash. U.J.L. & Pol’y 195, 207 (2016).
  1. Prof. Camp’s articles, Tax Administration as Inquisitorial Process and the Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998 and The Failure of Adversarial Process in the Administrative State, were quoted in the following article: Pippa Browde, A Reflection on Tax Collecting: Opening A Can of Worms to Clean Up A Collection Due Process Jurisdictional Mess, 65 Drake L. Rev. 51 (2017).
  1. Prof. Beyer’s article, Digital Wills: Has the Time Come for Wills to Join the Digital Revolution?, was quoted in the following article: Alberto B. Lopez, Posthumous Privacy, Decedent Intent, and Post-Mortem Access to Digital Assets, 24 GEO. MASON L. REV. 183 (2016).

News:

  1. On March 3, 2017 Prof. Beyer was a speaker at the 2017 Estate Planning & Community Property Law Journal Seminar held at the Texas Tech University School of Law. His topic and accompanying article were entitled Case Law Update.
  1. As an editor, Prof. Beyer published a new edition of Keeping Current—Probate in the Probate and Property Journal- it offers a look at selected recent cases, rulings and regulations, literature, and legislation.
  1. On March 8, 2017, Prof. Beyer was a speaker at the 2017 County Court Assistants Training Conference sponsored by the Texas Association of Counties in Lubbock. Prof. Beyer’s presentation was an overview of probate and estate administration under Texas law.
  1. On March 12, the Lubbock Avalanche-Journal published an article about Prof. Sutton who is producing her first documentary “The Court Martial of the Apache Kid.”
  1. On March 20, 2017, Prof. Loewy was interviewed by FOX34 News concerning Judge Gorsuch confirmation hearing. The article can be found here.
  1. On March 22, 2017, Prof. Beyer presented a continuing education program for the Red River Valley Estate Planning Council in Fargo, North Dakota. His presentations and accompanying articles were entitled Cyber Estate Planning and Administration and Avoiding the Estate Planning “Blue Screen of Death” With Competent and Ethical Practices.
  1. On March 25, 2017, Prof. Beyer was a speaker at the 2017 Spring Management Workshop conducted by the Equipment Marketing and Distribution Association in Savannah, Georgia. Prof. Beyer’s presentation was entitled Estate Planning Basics: Don’t Be Afraid to Ask!
  1. On March 31, 2017, Prof. Beyer was a guest speaker for approximately 300 attendees at a symposium sponsored by the Southwest Parkinson Society entitled After the Diagnosis, Now What? His presentation was entitled After the Diagnosis: Getting Your House in Order.
  1. On March 31, 2017, Prof. Tracy Pearl presented her paper Fast & Furious: The Misregulation of Driverless Cars, which was specially selected for discussion at the 2017 We Robot Conference at Yale Law School in New Haven, Connecticut.
  1. On March 31, the Lubbock Avalanche-Journal published a debate between Prof. Loewy and Charles Moster on whether employer contributions to Social Security should be abolished. The article can be found here.
  1. The Office of the Vice President for Research at Texas Tech recently announced that Prof. Beyer was named the 2017 Outstanding Researcher from the School of Law.

January 2017 Law Faculty Publications & News

Throughout January 2017, the Law Library’s Faculty Services & Scholarly Communications Department received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for January 1, 2017 to January 31, 2017.

Published:

  1. Gerry W. Beyer, Estate Planning and Probate Law, B.J., (2017).
  2. 9 & 10 Gerry W. Beyer, Texas Practice: Texas Law of Wills (4th 2016-2017).
  3. Gerry W. Beyer, Transfer of Death Deeds: A Texas Primer, Lubbock Law Notes, Dec. 2016, at 1.
  4. Gerry W. Beyer & Brooke Dacus, Estate Planning for Mary Jane and Other Marijuana Users, Plan. Dev. for Tex. Prof., Jan. 2017, at 1.
  5. Gerry W. Beyer, Texas Trust Law – Cases and Materials (3rd 2017).
  6. Tracy Hresko Pearl, Far from The Madding Crowd: A Statutory Solution to Crowd Crush, Hastings Law Journal, 68 Hastings L.J. 159 (2016).
  7. Brie D. Sherwin, Organochlorine Pesticide Residues in Caudal Scutes of Belize Morelet’s Crocodiles (Crocodylus moreletii), Journal of Herpetology 50(4):552-558 (2016).
  8. Brie D. Sherwin, Chocolate, Coca-Cola, and Fracturing Fluid: A Story of Unfettered Secrecy, Toxicology, and the Resulting Public Health Implications of Natural Gas Development, 77 Ohio St. L.J. 593 (2016).
  9. Gerry W. Beyer, Feature: 2016 The Year in Review: Estate Planning and Probate Law, 80 B. J. 28 (2017).
  10. Eric A. Chiappinelli, Jurisdiction Over Directors and Officers in Delaware, Harvard Law School Forum on Corporate Governance and Financial Regulation, Dec. 2017.

Cited:

  1. Professor Murphy’s article Abandoning Standing: Trading a Rule of Access for a Rule of Deference was cited in the following article: Alexander Tom, Standing in a Federal Agency’s Shoes: Should Third-Party Action Affect Redressability under the National Environmental Policy Act?, 43 Ecology L.Q. 337 (2016).
  1. Professor Metze’s article, Plugging the School to Prison Pipeline by Addressing Cultural Racism in Public Education Discipline, was cited in: Sarah E. Redfield and Jason P. Nance, American Bar Association: Joint Task Force on Reversing the School-to-Prison Pipeline, 47 Mem. L. Rev. 1 (2016).
  1. Professor Loewy’s article Statutory Rape in a Post Lawrence v. Texas World was cited in: Dr. Anna High, Good, Bad and Wrongful Juvenile Sex: Rethinking the Use of Statutory Rape Laws Against the Protected Class, 69 L. Rev. 787 (2017).
  1. Professor Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective was cited in: Nancy J. King & Ronald F. Wright, The Invisible Revolution in Plea Bargaining: Managerial Judging and Judicial Participation in Negotiations, 95 L. Rev. 325 (2016).
  1. Professor Velte’s article Egging on Lesbian Maternity: The Legal Implications of Tri-Gametic in Vitro Fertilization was cited in: Deborah Zalesne, The Intersection of Contract Law, Reproductive Technology, and the Market: Families in the Age of Art, 51 Rich. L. Rev. 419 (2017).
  1. Professor Casto’s articleThe Federal Courts’ Protective Jurisdiction Over Torts Committed in Violation of the Law of Nations was cited in: Dustin Cooper, Aliens Among Us: Factors to Determine Whether Corporations Should Face Prosecution in U.S. Courts for Their Actions Overseas, 77 L. Rev. 513 (2016).
  1. Dean Torres’,Is Link Rot Destroying Stare DecisisaAs We Know It? The Internet-Citation Practice of the Texas Appellate Courts was cited in: Lee F. Peoples, Is the Internet Rotting Oklahoma Law?, 52 Tulsa L. Rev. 1 (2016).
  1. Professor Casto’s article, Advising Presidents: Robert Jackson and the Destroyers for Bases Deal was cited in: Harold Hongju Koh, Triptych’s End: A Better Framework To Evaluate 21st Century International Lawmaking 126 Yale L.J. F. 337 (2017).
  1. Professor Casto’s article, The Federal Courts’ Protective Jurisdiction over Torts Committed in Violation of the Law of Nation was cited in: Lyle D. Kossis, The Define and Punish Clause and the Political Question Doctrine, 68 Hastings L.J. 45 (2016).
  1. Professor Murphy’s & Sidney A. Shapiro, Eight Things Americans Can’t Figure out About Controlling Administrative Power, was cited in: Jud Mathews, Minimally Democratic Administrative Law, 68 L. Rev. 605 (2016).
  1. Professor Metze’s article Death and Texas: The Unevolved Model of Decency, was cited in: Amy L. Greenbaum, The Death Penalty: Mentally Ill Men Are Executed; Mentally Ill Women Are Committed, 42 Marshall L. Rev. Online 1 (2016).
  1. On January 18, 2017 Professor Baker’s blog post AI as Premature Law Librarian Disruptor was cited in a Canadian online legal magazine, Slaw, in a column titled The Magic Ingredient.

Quoted:

  1. Professor Murphy’s & Sidney A. Shapiro, Eight Things Americans Can’t Figure out About Controlling Administrative Power, was quoted in: Aram A. Gavoor & Daniel Miktus, Public Participation in Nonlegislative Rulemaking, 61 L. Rev. 759 (2016).
  1. Professor’s Murphy’s article Measure Twice, Shoot Once, Higher Care for CIA-Targeted Killing, was quoted in: An Thien Tran, A Trifold Regulatory Convergence: Medical-Device Drones Under the Faa, Fda, and State Regimes, 68 Admin. L. Rev. 701 (2016).
  1. On January 21, 2017 Dean Rosen was quoted in a Huffington Post article by Matt Fuller titled, President Trump Just Told The CIA The U.S. Should Have Stolen Iraq’s Oil.
  1. On January 22, 2017 Professor Shannon was quoted in a Victoria Advocate article by Jessica Priest titled, Local Judge Shaped Mental Health law.
  1. Professor Beyer was quoted in a January 30, 2017 article titled Fake Will Scheme Puts Camden Real Estate Agent in Hot Water by Mark Friedman published in the Arkansas Business Weekly Journal.

News:

  1. On December 15, 2016, Prof. Gerry W. Beyer was notified that he was reappointed as Chair of the State Laws Committee of the American College of Trust and Estate Counsel, 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 2,700 members practice throughout the United States, Canada and other foreign countries.
  1. Professor Soonpa and Professor Beyer were part of the Blogger Panel during the AALS Annual Meeting in San Francisco on, the program was titled “Building and Sustaining Academic Communities Through Blogging and Other Tools.”
  1. Professor Chiappinelli was invited back as a Guest Blogger on PrawfsBlawg for the month of January, he contributed 6 blog posts.
  1. On January 10, 2017, Prof. Gerry W. Beyer was the speaker at the January meeting of the Siouxland Estate Planning Council in Sioux City, Iowa. Prof. Beyer’s presentation was titled “Planning for Digital Assets” was attended by estate planning professionals from the tri-state area of Iowa, Nebraska, and South Dakota.
  1. The fifth edition of Prof. Beyer’s 10.5-hour discussion of Wills and Trusts was recently released by West Academic Publishing as parts of its Sum +Substance CD Series.
  1. Professor Beyer’s Feature: 2016 The Year in Review: Estate Planning and Probate Law was listed highlighted article by the Texas Bar Journal Board of Editors.
  1. On January 5, 2017, Prof. Gerry W. Beyer was a panelist at the AALS Annual Meeting for an “AALS Arc of Career Program” titled Building and Sustaining Academic Communities Through Blogging and Other Tools. Beyer shared his experiences as being the editor of the Wills, Trusts, & Estates Prof Blog since he started it in 2005. His blog was five times named as part of the ABA’s Blawg 100 and was inducted into the ABA’s Blawg 100 Hall of Fame in 2015.  His blog is the most popular estate planning blog in the nation and is the 22nd most popular blawg overall.
  1. Professor Beyer’s presentation to the Tarrant County Bar Association—Fort Worth Business & Estate Section on Nov. 17, 2016 Cyber Estate Planning and Administration was cited in: Marvin Blum, Filling in the Gaps, Wealth Management, January 26, 2017.

December 2016 Law Faculty Publications & News

Throughout December 2016, the Law Library’s Faculty Services & Scholarly Communications Department received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for December 1, 2016 to December 31, 2016.

Published:

  1. Gerry W. Beyer, Wills & Trusts, 2 SMU Ann. Tex. Sur. 517 (2016).
  2. Alyson M. Drake, The Need for Experiential Legal Research Education, 108 Law Libr. J. 511 (2016).
  3. Richard W. Murphy & Sidney A. Shapiro, Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look,” 92 Notre Dame L. Rev. 331 (2016).
  4. Kyle C. Velte, All Fall Down: A Comprehensive Approach to Defeating the Religious Right’s Challenges to Antidiscrimination Statutes, 49 Conn. L. Rev. 1 (2016).
  5. Robert A. Weninger, The VW Diesel Emissions Scandal and the Spanish Class Action, 23 J. Eur. L. 91 (2016).

Cited:

  1. Professor Spain’s Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can Be Ethically Incorporated into the Practice of Law, was cited in the following December 2016 updated treatise: 1 Handling Child Custody, Abuse and Adoption Cases § 6:16, § 4:29
  1. Professor Spain’s Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can Be Ethically Incorporated into the Practice of Law, was cited in the following Iowa practice series: 16 Ia. Prac., Lawyer and Judicial Ethics § 5:2(c)(4)
  1. Professor Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro, was cited in the following December 2016 updated treatise: 11 Bus. & Com. Litig. Fed. Cts. § 116:21 (4th ed.)
  1. Professor Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro was cited in the following article: John F. Preis, The Dormant Commerce Clause As a Limit on Personal Jurisdiction, 102 Iowa L. Rev. 121 (2016)
  1. Professor Shannon’s article co-authored with Teel Bivins, John T. Montford, Todd A. Hunter, Rob Junell, Robert L. Duncan, The 1995 Revisions to the DTPA: Altering the Landscape, was cited by the following updated treatise: 2 McDonald & Carlson, Civ. Prac. § 6:19 (2d. ed.)
  1. Professor Loewy’s article A Proposal for the Universal Collection of DNA was cited in: Christopher Slobogin, Policing as Administration, 165 Pa. L. Rev. 91 (2016)
  1. Professor R. Sherwin’s article, Clones, Thugs, “N (Eventual?) Harmony: Using the Federal Rules of Civil Procedure to Simulate A Statutory Defamation Defense and Make the World Safe from Copyright Bullies, was cited in: Briana Lynn Rosenbaum, The Rico Trend in Class Action Warfare, 102 Iowa L. Rev. 165 (2016)
  1. Professor Loewy’s article, Taking Bakke Seriously: Distinguishing Diversity from Affirmative Action in the Law School Admissions Process, was cited in: 2 Successful Partnering Between Inside and Outside Counsel § 39:7, § 39:83
  1. Dean Dickerson’s article Bailor Beware: Limitations and Exclusions of Liability in Commercial Bailments was cited in the following December updated treatise: 21 Prac. Contract Law and Practice § 1:5
  1. Dean Dickerson’s article Deposition Dilemmas: Vexatious Scheduling and Errata Sheets, was cited in: 14 Wash. Prac. Civil Procedure § 21:38 (2d ed.)
  1. Professor Weninger’s article Amended Federal Rule of Evidence 408: Trapping the Unwary, was cited in: 5A Wash. Prac., Evidence Law and Practice § 408.12 (6th ed.)
  1. Dean Dickerson’s article Cyberbullies on Campus, was cited in Nisha Chandran, Crossing the Line: When Cyberbullying Prevention Operates As A Prior Restraint on Student Speech, Ill. J.L. Tech. & Pol’y 277 (2016)
  1. Professor Murphy’s and Sidney Shapiro’s article, Politicized Judicial Review in Administrative Law: Three Improbable Responses, was cited in the following article: William Ortman, Rulemaking’s Missing Tier, 68 L. Rev. 225 (2016)
  1. Professor Loewy’s article, Morals Legislation and the Establishment Clause, was cited in: David R. Williams, Jr., In Defense of the Secular Purpose Status Quo, 102 L. Rev. 2075 (2016)
  1. Professor Loewy’s article, The Fourth Amendment As A Device for Protecting the Innocent, was cited in: Nicole B. Cásarez, The Synergy of Privacy and Speech, 18 Pa. J. Const. L. 813 (2016)
  1. Professor Casto’s article, Advising Presidents: Robert Jackson and the Destroyers for Bases Deal, was cited in: Daniel Bodansky & Peter Spiro, Executive Agreements+, 49 J. Transnat’l L. 885 (2016)
  1. Professor Murphy’s & Sidney A. Shapiro, Eight Things Americans Can’t Figure out About Controlling Administrative Power, was cited in: Emily S. Bremer, American and European Perspectives on Private Standards in Public Law, 91 L. Rev. 325 (2016)
  1. Professor Murphy’s & Afsheen J. Radsan article, The Evolution of Law and Policy for CIA Targeted Killing, was cited in: Jasmine Khoshnou, Game of Drones: The Use of Armed Drones from a Game Theory Perspective, Interdisc. L. Rev. 191 (2016)
  1. Professor Beyer’s article The Will Execution Ceremony–History, Significance, and Strategies, was cited in: Alexander A. Boni-Saenz, Sexual Advance Directives, 68 L. Rev. 1 (2016)
  1. Professor Casto’s book, The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth, was cited in: Joel Fishman, Third Circuit Court Reports (1789-1879), 108 Law Libr. J. 623 (2016)
  1. Professor Beyer’s West legal forms were adapted to Indiana Practice Series forms, 5 Ind. Prac., Essential Forms § 9:1.1.50,§ 9:1.1.70, § 9:4.1.2, §9:6.1.50 (2016)

Quoted:

  1. Professor Beyer’s article Pay to the Order of Whom?-the Case of the Ambiguous Multiple Payee Designation, was quoted in: 2A Ill. Prac., UCC with Illinois Code Comments § 5/3-110
  1. Professor Black’s book Family Law in Utah, 2d Ed. was quoted in: 2 Utah Prac., Utah Family Law § 30-1-4.5, 3-5 (2016 ed.)
  1. Professor Camp’s article, The Failure of Adversarial Process in the Administrative State, was quoted in: Jessica K. Steinberg, Adversary Breakdown and Judicial Role Confusion in “Small Case” Civil Justice, 2016 Y.U.L. Rev. 899 (2016)
  1. Professor Loewy’s article, The Fourth Amendment as a Device for Protecting the Innocent, was quoted in: Richard M. Re, Imagining Perfect Surveillance, 64 UCLA L. Rev. Discourse 264 (2016)
  1. Professor Loewy’s article, The Supreme Court, Confessions, and Judicial Schizophrenia, was quoted in: 35 No. 18 Whited, Drinking/Driving Law Letter NL 1

News:

  1. On November 29 2016, Prof. Gerry W. Beyer spoke to the Fredericksburg chapter of the Osher Lifelong Learning Institute. His well-attended presentation was entitled Planning Your Estate – “I Didn’t Know That!” His presentation was also simulcast to Marble Falls, Texas.
  1. Professor Rosen was quoted in a Stars and Stripes news article from December 13, 2016 titled “A Pardon for Bowe Bergdahl? Unlikely, experts say” which can be found here.

November 2016 Law Faculty Publications & News

Throughout November 2016, the Law Library’s Faculty Services & Scholarly Communications Department received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for November 1, 2016 to November 30, 2016.

Published:

  1. Vaughn James, Texas Elder Law 2017 (2017).
  2. Alexander Pearl, Redskins: The Property Right to Racism, 38 Cardozo L. Rev. 231 (2016).
  3. Bryan T. Camp Collecting Tax Liabilities From Third Parties, 152 TaxNotes 11, 1549 (2016)
  4. Gerry W. Beyer, Transfer of Death Deeds: A Texas Primer, Est. Plan. Dev. for Tex. Prof., (Oct. 2016), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2853757

Cited:

  1. Professor Murphy’s book Administrative Law and Practice was cited in the following article: Aaron Saiger, Agencies’ Obligation to Interpret the Statute 69, Vand. L. Rev. 1231 (2016).
  1. Professor Murphy’s book Punitive Damages, Explanatory Verdicts, and the Hard Look, was cited in the following November 2016 updated Litigation Guide: Lawrence G. Cetrulo, 1 Toxic Torts Litigation Guide § 4:32 (Nov. 2016).
  1. Professor Weninger’s article Electronic Discovery and Sanctions for Spoliation: Perspectives from the Classroom, was cited in the following article: Clare Kealey, Discovering Flaws: An Analysis of the Amended Federal Rule of Civil Procedure 37(e) and Its Impact on the Spoliation of Electronically Stored Evidence, 14 Rutgers J.L. & Pub. Pol’y 140 (2016)
  1. Professor Chiappinelli’s, Red October: Its Origins, Consequences, and the Need to Revive the National Market System, was cited in the following treatises: Thomas Lee Hazen, 4 Law Sec. Reg. § 14:18 (Nov. 2016); Thomas Lee \ Hazen, 1 Law Sec. Reg. § 1:76 (Nov. 2016).
  1. Dean Dickerson’s Contractual Jury Waiver Provisions: A Striking Idea, was cited in the following updated West’s Legal Forms: Frederick H. Miller, 12 West’s Legal Forms, Commercial Transactions 6:39 (2016). Frederick H. Miller, 12A West’s Legal Forms, Commercial Transactions 23:22 (2016)
  1. Professor Beyer’s articles, Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns and Web Meets the Will: Estate Planning for Digital Assets were cited in the following treatise: Henry J. Lischer et al., 16 West’s Legal Forms, Estate Planning Pt. I Introduction (Nov. 2016).
  1. Professor Beyer and Kerri Griffen’s article, Lady Bird Deeds: A Primer for the Texas Practitioner, Estate Planning Developments for Texas Professionals, was cited in the following updated treatise: Mary F. Radford, 1 Ga. Wills & Administration § 2:3 (Nov. 2016).
  1. Professor Beyer and Naomi Cahn’s article, When You Pass On Don’t Leave the Passwords Behind: Planning for Digital Assets, was cited in the following article: Suzanne Brown Walsh & Catherine Anne Seal, The Revised Uniform Fiduciary Access to Digital Assets Act: Striking a Balance Between Privacy Expectations and the Need for Fiduciary Access to Digital Assets, 12 NAELA J. 101 (2016).
  1. Professor Krahmer’s article, Commercial Transactions, was cited in the following updated treatise: Mike Baggett, 15 Tex. Prac., Texas Foreclosure Law & Prac. § 6.11 (Nov. 2016).
  1. Professor Christopher’s article, “Whack-a-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Money Laundering” was cited in the following: Timothy Bierer, Hashing It Out: Problems and Solutions Concerning Cryptocurrency Used As Article 9 Collateral, 7 Case W. Reserve J.L. Tech. & Internet 79 (2016).
  1. Professor Camp’s article How the IRS Can Regulate Return Preparers without New Law was cited in the following articles: 75 Tax Prac. 843 (Nov. 2016). 2016 TNT 223-31 (Nov. 2016)

Quoted:

  1. Professor Benham’s, Proportionality, Pretrial Confidentiality, and Discovery Sharing was quoted in: Michael Thomas Murphy, Occam’s Phaser: Making Proportional Discovery (Finally) Work in Litigation by Requiring Phased Discovery, 4 Stan. J. Complex Litig. 89 (2016).
  1. Professor Murphy and Sid Shapiro’s Eight Things Americans Can’t Figure out about Controlling Administrative Power was quoted in: Cary Coglianese & Kristin Firth Separation of Powers Legitimacy: An Empirical Inquiry into Norms about Executive Power 164 U. Pa. L. Rev. 1869 (2016).
  1. Dean Torres’s MacCrate Goes to Law School: An Annotated Bibliography of Methods for Teaching Lawyering Skills in the Classroom was quoted in: Jules Epstein, The “Ohlbaum Paper” and Advocacy Scholarship – Why Now?, 88 Temp. L. Rev. 507 (2016).

News:

  1. Professor T. Pearl was invited as a Guest Blogger on PrawfsBlawg for the month of November, she contributed 5 blog posts. Her blog post Two Roads to the Future on PrawfsBlawg was quoted in Scott H. Greenfield’s Simple Justice Criminal Defense Blog Post Baby You Can Drive my Car.
  1. On November 2, 2016, Professor Beyer presented a one hour webinar entitled Cyber Estate Planning and Administration which was sponsored by the CPA academy. The webinar was viewed by approximately 300 CPAs, attorneys, and other professionals across the nation and even internationally.
  1. On November 7, 2016 Professor Casto spoke at the Ohio Northern University Pettit College of Law about Advising Presidents: Private Advice and Public Advocacy.
  1. On November 8, 2016, Professor Beyer was the invited speaker at the monthly meeting of the Midland Odessa Business & Estate Council in Midland, Texas. His topic and accompanying article were entitled Cyber Estate Planning and Administration.
  1. On November 10, 2016, Professor Beyer was the featured speaker at a program hosted by the Communities Foundation of Texas in Dallas. The topic of his presentation and accompanying article was Cyber Estate Planning and Administration.
  1. On November 15, 2016, Professor. Beyer was the guest speaker at a meeting of the Houston Chapter of the Society of Financial Services Professionals, a more than 80-year old organization which provides lay individuals with expert assistance for estate, retirement and financial planning; employee benefits; business and compensation planning; and life, health, disability, and long-term care insurance. His presentation and accompanying paper were entitled Cyber Estate Planning and Administration.
  1. On November 17, 2016, Professor Beyer was the featured speaker for the Tarrant County Bar Association’s Fort Worth Business and Estate Section’s November meeting. His topic and accompanying article were entitled Cyber Estate Planning and Administration.
  1. On November 21, 2016, Professor Beyer presented a one hour synchronous webinar entitled Estate Planning Essentials: Avoiding Costly Mistakes which was sponsored by the CPA academy, the largest provider of free CPE webinars in the CPA profession. The webinar was viewed by over 825 CPAs and other professionals from coast to coast.
  1. On November 29, 2016 Professor Beyer taught a class titled Estate Planning– “I Didn’t Know That!” for the Osher Lifelong Learning Institute.
  2. Professor Baker’s blog “The Ginger (Law) Librarian” was chosen as one of The ABA Journal’s Blawg 100. Editors of the ABA Journal announced they have selected The Ginger (Law) Librarian as one of the top 100 best blogs for a legal audience.“For 10 years, the Blawg 100 has helped shine a light on the stunning breadth of legal topics and voices to found in the legal blogosphere,” Acting Editor-Publisher Molly McDonough said.
  3. Professor Chiappinelli was listed as part of the Members Consultative Group for the following updated group: Principles of the Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes.
  4. Dean Huffman was selected to be a part of the U.S. Senator Ted Cruz’s Service Academy Nomination Board where he will review application and make recommendations of who Sen. Cruz should nominate to the U.S. Service Academies.
  5. Professor Shannon was quoted in Targeted News Service article The National Football Foundation, Fidelity Investments (R) Highlight 2016 Faculty Athletics Representative Honorees.
  6. Dean Dickerson was quoted in the Fort-Worth Star-Telegram newspaper article The Texas Law Hawk is flying high for the holidays. The article was on a Tech Law Grad, the Texas Law Hawk- Bryan E. Wilson.

October 2016 Law Faculty Publications & News

Throughout October 2016, the Law Library’s Faculty Services & Scholarly Communications Department received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for October 1, 2016 to October 31, 2016.

Articles:

  1. John E. Krahmer, 1 Vernon’s Tex. Code Forms Anno. UCC Forms 2.202 (4th Ed. Oct. 2016).

Op-Ed:

  1. Arnold Loewy & Charles Moster, It’s Debatable: Marbury v. Madison, a mistake, Lubbock Avalanche-J. (Oct. 15, 2016, 12:03 AM), http://lubbockonline.com/editorials/2016-10-15/its-debatable-marbury-v-madison-mistake?v=#.WAZgifkrLcs
  2. Arnold Loewy & Charles Moster, It’s Debatable: Arnold: Trump Lacks Temperment, judgment. Lubbock Avalanche-J. (Oct. 30, 2016, 12:11 AM) AM)http://lubbockonline.com/editorials/2016-10-30/its-debatable

Cited:

  1. Professor Loewy’s book, Criminal Law In a Nutshell, was cited in the following updated treatise: Michael B. Mushlin, 1 Rights of Prisoners § 3:31 (4th ed. Oct. 2016).
  1. Professor Beyer’s book Estate Planning in the Digital Age was cited in the following updated treatise: Mary F. Radford, Ga. Guardianship and Conservatorship § 5:15 (Oct. 2016).
  1. Dean Dickerson’s Enforceability Checklist was cited in the following treatise: John S. Douglas, 5 Ariz. Legal Forms, Comm. Transactions § 2A.10.70 (2d ed. Oct. 2016).
  1. Professor Beyer’s treatises, Statutory Fill-In-the-Blank Will Forms; Statutory Fill-in Will Forms—the First Decade: Theoretical Constructs and Empirical Findings; Statutory Will Methodologies—Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence?, were cited in the updated treatise: Restatement of Property (Wills and Donative Transfers) § 3.1 (Oct. 2016).
  1. Professor Velte’s article, Egging on Lesbian Maternity: The Legal Implications of Tri-Gametic in Vitro Fertilization, was cited in the updated treatise: Principles of the Law of Family Dissolution § 2.03 (Oct. 2016).
  1. Professor Loewy’s article, United States v. Jones: Return to Trespass-Good News or Bad, was cited in the following article: Elizabeth Kingston, Keeping Up with Jones: The Need to Abandon the Open Fields Doctrine, Criminal Law Bulletin, 52 Crim. Law Bulletin ART 5 (2016).
  1. Professor Pawlowic’s article, Framework for Analysis of Transfer, Assignment, Negotiation and Transfer by Operation of Law, was cited in the updated treatise: Uniform Laws Annotated, Uniform Commercial Code § 5-114 (2016).
  1. Professor Krahmer’s article, Commercial transactions, was cited in the following updated treatise: Uniform Laws Annotated, Uniform Commercial Code § 1-201 (2016).
  1. Professor Gossett’s article, If Charity Begins at Home, Why Do We Go Searching Abroad? Why the Federal Adoption Tax Credit Should Not Subsidize International Adoptions, was cited in the following updated treatise: Thomas A. Jacobs, 5 Ariz. Prac., Juv. Law & Practice § 7:16 (Oct. 2016).
  1. Professor Rosen and Lt. Col. Kathryn Sommerkamp’s article, Military Legal Practice Maxims: A Potpourri of Random Thoughts, was cited in the following article: Major Ian W. Baldwin, Advising Special Forces, 2016-MAY Army Law. 8 (2016).
  1. Professor Chiappinelli’s article, The Moral Basis of State Law Disclosure, was cited in the following updated treatise: Mark A. Sargent and Dennis R. Honabach, D&O Liab. Hdbk. § I:2 (Oct. 2016).
  1. Professor Rosen’s article, Funding “Non-Traditional” Military Operations: The Alluring Myth of A Presidential Power of the Purse, was cited in the following article: Seth Barrett Tillman, Ex Parte Merryman: Myth, History, and Scholarship, 224 Mil. L. Rev. 481 (2016)
  1. Professor Murphy’s and Sidney Shapiro’s article, Politicized Judicial Review in Administrative Law: Three Improbable Responses, was cited in the following article: Amy Semet, Political Decision-Making at the National Labor Relations Board: An Empirical Examination of the Board’s Unfair Labor Practice Decisions Through the Clinton and Bush II Years, 37 Berkeley J. Emp. & Lab. L. 223 (2016).
  1. Professor Loewy’s article, Police-Obtained Evidence and the Constitution: Distinguishing Unconstitutionally Obtained Evidence from Unconstitutionally Used Evidence was cited in following article: M. Greabe, The Riddle of Harmless Error Revisited, 54 Hous. L. Rev. 59 (2016).
  1. Professor A. Pearl’s article, Of “Texans” and “Custers”: Maximizing Welfare and Efficiency Through Informal Norms, was cited in the following article: Jocelyn Simonson, Copwatching, 104 Cal. L. Rev. 391 (2016).
  1. Professor Murphy and Charles Koch’s article, Review of Interpretations, was cited in the following article: Reilly S. Steel, The Underground Rulification of the Ordinary Business Operations Exclusion, 116 Colum. L. Rev. 1547 (2016).

Quoted:

  1. Dean Dickerson was interviewed by the local TV station about her thoughts on the 7th Court of Appeals visit to Texas Tech. Article and interview can be found here.
  2. Dean Dickerson and Robert Sherwin were quoted about Dean Strang’s from “Making a Murderer” visit to Texas Tech School of Law campus. Article can be found here.
  3. Dean Dickerson was quoted about the newly created fellowship that partnered with Mountain States Legal Foundation. Article can be found here.
  4. Professor Camp was quoted about his thoughts on the Seventh Circuit’s decision regarding the timeliness of a debtor’s petition. 2016 TNT 205-3 (10-19-16)(Doc 2016-21078).
  5. Professor Beyer was quoted in the Washington post about his expertise in dealing with identity theft. Article can be found here.

News:

  1. On October 4, 2016, Professor Beyer presented a one hour synchronous webinar entitled Estate Planning Essentials: Avoiding Costly Mistakes which was sponsored by the CPAacademy, the largest provider of free CPE webinars in the CPA profession.  The webinar was viewed by over 500 CPAs and other professionals across the nation and internationally.
  2. On October 6, 2016, Professor Beyer was the guest speaker at a meeting of the Estate Planning Council of Birmingham.  His presentation and accompanying article were entitled Cyber Estate Planning and Administration. After the meeting, he meet with members of the Alabama law Institute to discuss a proposal to enact the Revised Uniform Fiduciary Access to Digital Assets Act in Alabama.
  3. On October 12, 2016, Professor Beyer presented a continuing legal education program for the Planned Giving Round Table of Northern Nevada in Reno.  The topics of his presentations and accompanying articles were entitled Cyber Estate Planning and Administration and Dog Gone? (It) – Why Didn’t My Human Set Up a Pet Trust for Me?
  4. Professor Vaughn James is featured in this month’s Texas Bar Journal for being an Access To Justice Pro Bono Champion. The TBJ is distributed to more than 100,000 attorneys who are licensed to practice law in Texas. Click here to read.
  5. Professor Beyer served as an expert consultant regarding estate tax in article discussing Donald Trump’s proposed tax break.
  6. Professor Velte and Professor Tracy Pearl were mentioned in a press release regarding the visit of Matthew Shepard’s parents.
  7. On October 18, 2016, Professor Beyer spoke to the Lubbock chapter of the Osher Lifelong Learning Institute.  His well-attended presentation was entitled Planning Your Estate – “I Didn’t Know That!”
  8. Dean Sutton was mentioned in an article about bats and vampire deaths. Article can be read here.
  9. Dean Dickerson was listed as part of the Members Consultative Group for the following updated group:

Restatement (Third) of Torts: Liability for Economic Harm (2016).

  1. Professor Casto was listed as part of the Members Consultative Group for the following updated group:

Restatement (Third) of Torts: Liability for Economic Harm (2016).

Restatement (Third) of Torts: General Principles (2016).

Restatement (Third) of Torts: Physical & Emotional Harm (2016)

Principles of the Law of Software Contracts (2016)

Restatement (Third) of Agency.

  1. Professor Beyer was listed as part of the Members Consultative Group for the following updated group:

Restatement (Third) of Trusts (2016).

  1. Professor Chiappinelli was listed as part of the Members Consultative Group for the following updated group:

Restatement (Third) of Agency (2016).

Principles of the Law of Nonprofit Organizations (2016).

  1. Professor Beyer, an Academic Fellow of the American College of Trust and Estate Counsel (ACTEC), travelled to Charleston, South Carolina October 19-23, 2016 to participate in ACTEC’s national fall meeting which attracted over 500 of the top estate planners from across the nation. His major activities included: Chairing the State Laws Committee, participating in a panel discussion for the Digital Property Task Force on how to draft wills, trusts, and powers of attorney to authorize fiduciary access to digital assets, and attending the Legal Education Committee where he was recognized for his service as a judge of the Mary Moers Wenig Student Writing Competition.
  2. Victoria Sutton was a speaker at the Bush School, Scowcroft Institute, Global Pandemic Workshop, title, “Diseases don’t Recognize Jurisdictions“
  3. On October 27, 2016, Professor Beyer made two presentations at the 24th Annual Estate Planning Institute sponsored by the Community Foundation of Southern New Mexico in Las Cruces.  His presentations and accompanying articles were entitled Aiming High and Getting High: Estate Planning for Guns and Marijuana and Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.
  4. On October 31, 2016, Professor Beyer was the luncheon speaker for the Houston Estate and Financial Forum. To a packed hall of well over 200 attendees, Prof. Beyer presented a Halloween-themed program entitled “What’ll You do [With Me] When I’m Gone: Controlling Body Dispositions: The Law and the Macabre.