December 2021 Law Faculty Publications & News

Throughout the month of December, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for December 1st to December 31st, 2021.

Articles, Essays, and Reviews

1. Gerry W. Beyer, 19 & 19A, West’s Legal Forms – Residential Real Estate (5th ed. 2021-22 Supp.).

2. Gerry W. Beyer, Texas Law of Wills (9 & 10 Tex. Prac.) (4th ed. 2021-20221 ed.).

Quotes

1. Prof. Hardberger is quoted in the following article: Zoe Kurland, In Rural West Texas, The Demand for Well Water is Growing, Marketplace (December 14, 2021), available at https://www.marketplace.org/2021/12/14/rural-west-texas-well-water-demand-is-growing/.

Citations

1. Prof. Spain’s article Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can Be Ethically Incorporated Into the Practice of Law is cited in §§ 4:29 & 6:16 of the following book: Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (December 2021 Update).

2. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in § 136:25 of the following work: Richard T. Ostlund & Dan Hall, Business and Commercial Litigation in Federal Courts 5th American Bar Association Section of Litigation (December 2021 Update).

3. Prof. Chiappinelli’s article Red October: Its Origins, Consequences, and the Need to Revive the National Market System is cited in §§ 1:76 & 14:18 of the following treatise: Thomas Lee Hazen, Treatise on the Law of Securities Regulation (December 2021 Update).

4. Prof. Rosen’s book Constitutional Law: Cases, Materials, and Problems (5th Ed) is cited in the following article: Steven I. Friedland, Digital Architectures of ‘Smart’ Cities and the Fourth Amendment: A Response to Andrew Ferguson, 106 Iowa L. Rev. Online 176 (2021).

5. Prof. Brie Sherwin’s article After the Storm: The Importance of Acknowledging Environmental Justice in Sustainable Development and Disaster Preparedness is cited in the following article: Kelly McGee, A Place Worth Protecting: Rethinking Cost-Benefit Analysis Under FEMA’s Flood Mitigation Programs, 88 U. Chi. L. Rev. 1925 (2021).

6. Prof. Rob Sherwin’s article Evidence? We Don’t Need No Stinkin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens to De-Fang a Popular and Powerful Weapon Against Frivolous Litigation is cited in the following article: Sarah L. Swan, Running Interference: Local Government, tortious Interference With Contractual Relations, And the Constitutional Right to Petition, 36 J. Land Use & Envtl. L. 57 (2021).

7. Prof. Christopher’s article Mobile Banking: The Answer for the Unbanked in America is cited in the following article: Doug Lajoie, Developments in Promoting Financial Inclusion, 39 Rev. Banking & Fin. L. 2 (2021).

8. Prof. Christopher’s article Mobile Banking: The Answer for the Unbanked in America is cited in the following article: Robert C. Hockett, The Capital Commons: Digital Money and Citizens’ Finance in a Productive Commercial Republic, 39 Rev. Banking & Fin. L. 345 (2021).

9. Prof. Sutton’s article Emerging Biotechnologies and the 1972 Biological Weapons Convention: Can It Keep up with the Biotechnology Revolution? is cited in the following article: Braden Leach, Necessary Measures: Synthetic Biology & the Biological Weapons Convention, 25 Stan. Tech. L. Rev. 141 (2021).

10. Prof. Rosen’s article Civilian Courts and the Military Justice System: collateral Review of Courts-Martial is cited in the following article: Joshua E. Kastenberg, The Limits of Executive Power in Crisis in the Early Republic: Martin v. Mott—An Old Gray Mare—Reexamined Through Its Own History, 82 La. L. Rev. 161 (2021).

11. Prof. Beyer’s articles Estate Planning in the Digital Age and When You Pass On, Don’t Leave the Passwords Behind: Planning for Digital Assets are cited in § 2:14 of the following practice series: Mary F. Radford, Redfearn Wills and Administration in Georgia (November 2021 Update).

12. Prof. Beyer’s article Pre-Mortem Probate is cited in § 6:25 of the following practice series: Mary F. Radford, Redfearn Wills and Administration in Georgia (November 2021 Update).

13. Prof. Humphrey’s article Two-Stepping Around a Minor’s Constitutional Right to Abortion is cited in the following article: Lisa V. Martin, Modernizing Capacity Doctrine, 73 Fla. L. Rev. 821 (2021).

14. Prof. Camp’s article Bound by the BAP: The Stare Decisis Effects of BAP Decisions is cited in the following article: Jonathan Remy Nash, Courts Creating Courts: Problems of Judicial Institutional Self-Design, 73 Ala. L. Rev. 1 (2021).

15. Prof. Benham’s article E-Discovery Direct Access of Electronic Devices After In re Marion Shipman is cited in the following book: Caroline Baker & Sofia Androgue, Texas Business Litigation (December 2021 Update).

16. Prof. Sutton’s article Native Americans and Discriminatory Administration with Facially Neutral Rules is cited in the following article: Cristina Isabel Ceballos, David Freeman Engstrom, & Daniel E. Ho, Disparate Limbo: How Administrative Law Erased Antidiscrimination, 131 Yale L.J. 370 (2021).

17. Prof. Murphy’s book Administrative Law and Practice is cited in the following article: Jason Rantanen & Madison Murhammer Colon, Can Public Universities Patent Their Research?: The Tension Between Open Records Laws and Patentability, 69 Drake L. Rev. 117 (2021).

18. Prof. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look is cited in § 4:32 of the following practice series: Lawrence G. Cetrulo, Toxic Torts Litigation Guide (December 2021 Update).

19. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited in the following article: Michael Thomas Murphy, The Search for Clarity in an Attorney’s Duty to Google, 18 J. ALWD 133 (2021).

20. Prof. Camp’s article New Thinking About Jurisdictional Time Periods in the Tax Code is cited in the following article: Hannah Fisher, Getting Down to Brass Tax: Why Courts Should Use Equitable Tolling to Help Taxpayer-Petitioners Impacted by COVID-19, 2021 U. Chi. Legal F. 379 (2021).

21. Prof. Shannon’s article The 1995 Revisions to the DTPA: Altering the Landscape is cited in § 6:19 of the following practice series: Roy W. McDonald & Elaine A. Grafton Carlson, McDonald & Carlson Texas Civil Practice (December 2021 Update).

22. Prof. Casto’s article Oliver Ellsworth is cited in the following article: Emile J. Katz, The “Judicial Power” and Contempt of Court: A Historical Analysis of the Contempt Power as Understood by the Founders, 109 Calif. L. Rev. 1913 (2021).

23. Prof Beyer’s article Estate Planning for Mary Jane and other Marijuana Users is cited in the following article: Bridget J. Crawford & Jonathan G. Blattmachr, Estate Planning for Cannabis Business Owners: An Introduction, 47 ACTEC L.J. 11 (2021).

24. Prof. Gonzalez’s article At the Intersection of Religious Organization Missions and Employment Laws: The Case of Minister Employment Suits is cited in the following article: Rachel Casper, When Harassment at Work is Harassment at Church: Hostile Work Environments and the Ministerial Exception, 25 U. Pa. J. L. & Soc. Change 11 (2021).

25. Prof. Rob Sherwin’s article “Source” of Protection: The Status fo the Reporter’s Privilege in Texas and a Call to Arms for the State’s Legislators and Journalists is cited in the following article: Frank D. LoMonte & Philip J. Sliger, Smartphone Security for the Mobile Journalist: Should Reporters Give Police the Finger?, 23 N.C. J.L. & Tech. 214 (2021).

News

1. The State Bar of Texas recently appointed Prof. Beyer to the Planning Committee for the 2022 Advanced Estate Planning & Probate Course.

2. The Texas Tech University Arts Committee recently appointed Prof. Hardberger to the committee.

3. On December 15, 2021, Prof. Beyer was an invited presenter for the American Law Institute’s Continuing Legal Education program. His virtual presentation and accompanying article were entitled Avoiding the Most Common Ethical Errors in Estate Planning.

4. Prof. James was named to the National Law Journal’s list of Family/Elder Law Trailblazers. He will be featured on the list, including a profile and photograph, in the April issue of National Law Journal.

5. On December 17, 2021, Prof. Beyer presented a virtual seminar for Leimberg Webinar Services entitled Estate Planning for Cyber Property: Non-Fungible Tokens, Cryptocurrency, and E-mail Messages.

6. The president of the American College of Trust and Estate Counsel appointed Prof. Beyer as the Vice Chair of the Academic Membership and Legal Education Committees with his term to begin in March 2022.

December 2021 New Resources

In December 2021, the Law Library added the following new resources to the collection to support the research and curricular needs of our faculty and students.

New Resources

Bremer-Kovacs Collection:  Historic Documents Related to the Administrative Procedure Act of 1946 – A new comprehensive collection from HeinOnline, designed to make the APA’s history more accessible and understandable. The Collection begins in 1929 with the APA’s first predecessors: bills to regulate administrative procedure that were introduced in Congress but never enacted. The Collection’s coverage expands in 1933, tracking heightened interest in administrative reform following President Roosevelt’s first inauguration and spurred on by the New Deal expansion of the federal administrative apparatus. The Collection includes a comprehensive legislative history of the Walter-Logan Bill of 1940, which Congress approved but President Roosevelt vetoed, as well as later bills that culminated in the Administrative Procedure Act of 1946 (APA).

New Books

BANKRUPTCY LAW

1. Lynn M. LoPucki, Christopher R. Mirick, and Christopher G. Bradley, Strategies for Creditors in Bankruptcy Proceedings (2021).

COMMERCIAL LAW

2. Elizabeth S. Dillon and James A. Goniea, eds., Franchise Law Compliance Manual (2021).

3. Suzanne McSorley, Richard Tyler, and Erin Krejci, eds., Construction Defects:  Assessment, Analysis, and Resolution (2021).

4. Deborah S. Coldwell and Robert M. Einhorn, eds., The Franchise Litigation Handbook (2021).

COURTS

5. Cynthia M. Pigott, Diary of a Mad Juror:  An Inside Look at a Record-Breaking Wrongful-Death Trial That Fell Short of the Truth (2021).

CRIMINAL LAW AND PROCEDURE

6. Stephen E. Henderson, Our Constitutional Constraints:  Adjudication (2021).

7. William Harmening, The Deadly Force Script:  How the Police in America Defend the Use of Excessive Force (2021).

DOMESTIC RELATIONS

8. Steven N. Peskind, The Divorce Trial Manual:  From Initial Interview to Closing Argument (2021).

9. Karen Greenberg, Michael Voorhees, Larry Jenkins, and Mark Fiddler, Contested Adoptions:  A Lawyer’s Guide to All Sides (2021).

EDUCATION LAW

10. Laura Rothstein and Scott F. Johnson, Special Education Law (2021).

FOOD AND DRUG LAW

11. Tommy Tobin, ed., Food Law:  A Practical Guide (2021).

IMMIGRATION LAW

12. Cesar Cuauhtemoc Garcia Hernandez, Crimmigration Law (2021).

INTELLECTUAL PROPERTY LAW

13. Steven M. Richman, The Photography Law Handbook (2021).

INTERNATIONAL TRADE

14. Dennis Unkovic, Transforming the Global Supply Chain:  Cyber Warfare, Technology, and Politics (2021).

LEGAL EDUCATION

15. James R. Elkins, The Law School Journey:  A Calendar of Readings (2020).

LEGAL RESEARCH AND LIBRARIES

16. Elyse H. Fox, Tell Your Story:  Writing and Publishing for Law Librarians (2020).

17. Nancy Falciani-White, Creativity:  A Toolkit for Academic Libraries (2021).

MEDICAL JURISPRUDENCE

18. Carol A. Fichtelman, Marijuana Law:  A Legal Research Guide (2021).

PRACTICE AND PROCEDURE

19. Paul Mark Sandler, The Fine Art of Trial Advocacy:  A Young Lawyer’s Resource for Success (2021).

20. Robert M. Cary, Craig D. Singer, and Simon A. Latcovich, Federal Criminal Discovery (2021).

PROPERTY–PERSONAL AND REAL

21. Dean N. Alterman, How to Draft Easements (2021).

RACE AND ETHNICITY

22. Richard A. Paschal, Jim Crow in North Carolina:  The Legislative Program From 1865 to 1920 (2021).

23. Teri A. McMurtry-Chubb, Race Unequals:  Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy (2021).

RETIREMENT SECURITY

24. Kenney F. Hegland and Lawrence Frolik, Why Did I Walk Into This Room?:  A Thinking Person’s Guide to Growing Older (2020).

SENTENCING AND PUNISHMENT

25. United States Sentencing Commission, Inter-District Differences in Federal Sentencing Practices:  Sentencing Practices Across Districts From 2005-2017 (2020).

All resources are available from the Law Library.  If you would like to check out any of these titles, please contact the circulation desk at either 806-742-3957 or circulation.law@ttu.edu

All electronic databases are available through the Library’s webpage, http://www.depts.ttu.edu/law/lawlibrary/index.php.    Library staff will be able to assist in locating and checking out any of these items or helping you contact the Librarian on call for questions about electronic resources.

Announcing the Aspen Learning Library (formerly Wolters Kluwer Online Study Aid Library)

Wolters Kluwer Online Study Aid Library was recently rebranded as Aspen Learning Library. Aspen Learning Library has a new domain: AspenLearningLibrary.com.

What does it mean to us?

·         You can still use your Wolters Kluwer Online Study Aid Library credentials to log in to Aspen Learning Library.

·         If you do not have Wolters Kluwer Online Study Aid Library credentials, please use the link in our Electronic Resources List to access Aspen Learning Library.

·         All the materials of Wolters Kluwer Online Study Aid Library are available on the new Aspen Learning Library platform.

·         All previously saved and bookmarked links will work as expected and be routed appropriately to AspenLearningLibrary.com. However, we recommend you update all previously saved and bookmarked links that start with ebooks.aspenlaw.com.

If you have any questions, please contact the Electronic & Digital Services Librarian, Dajiang Nie, at Dajiang.nie@ttu.edu.

Law Library Intercession Hours

The Law Library hours after finals are as follows:

The law library will close at 6pm on Friday, December 10th (last day of finals).

Saturday, December 11th – Thursday December 23rd

Sundays – Closed

Mondays through Fridays – 7:30am to 5:00pm

Saturdays – Closed

Friday December 24th – Sunday, January 2nd, 2022

Closed

Monday, January 3rd – Saturday, January 8th

Sundays – Closed

Mondays through Fridays – 7:30am to 5:00pm

Saturdays – Closed

The law library will resume regular hours on Sunday January 9th

Sundays 1:00pm to 10:00pm

Mondays – Thursdays – 7:30am to 10:00pm

Fridays – 7:30am to 5:00pm

Saturdays – 9:00am to 5:00pm

If you have any questions, please contact circulation.law@ttu.edu.

November 2021 Law Faculty Publications & News

Throughout the month of November, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for November 1st to November 30th, 2021.

Articles, Essays, and Reviews

1. William R. Casto, Serving a Lawless President, Mercer Law Review, Vol. 72: No 3, Article 7.

2. Gerry W. Beyer, Marital Property and Homesteads, §§ 38 & 39 Tex. Prac. (2021-2022 Supp.).

3. Gerry W. Beyer & James M. Kosakow, Irrevocable Trusts (4th ed. 2021-2022).

4. Gerry W. Beyer, Wills & Trusts, 7 SMU Ann. Tex. Surv. 337 (2021).

5. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 59-4 Real Est., Prob., & Tr. L. Rep., at 5 (2021).

6. Gerry W. Beyer, Potpourri, 59-4 Real Est., Prob., & Tr. L. Rep., at 4 (2021).

7. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., Nov./Dec. 2021, at 28.

Citations

1. Prof. Baker’s article A Legal Research Odyssey: Artificial Intelligence as Disruptor is cited in the following article: Jennifer S. Bard, Developing Legal Framework for Regulating Emotion A.I., 27 B.U. J. Sci. & Tech. L. 271 (2021).

2. Prof. Christopher’s article Putting Legal Writing on the Tenure Track: One School’s Experience is cited in the following article: Christopher J. Ryan & Meghan Dawe, Mind the Gap: Gender Pay Disparities in the Legal Academy, 34 Geo. J. Legal Ethics 567 (2021).

3. Prof. Gossett’s article The Client: How States Are Profiting from the Child’s Right to Protection is cited in the following article: Lisa Kelly, Abolition or Reform: Confronting the Symbiotic Relationship Between “Child Welfare” and the Carceral State, 17 Stan. J. Civ. Rts. & Civ. Liberties 255 (2021).

4. Prof. Murphy’s article Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons is cited in the following article: James M. Puckett, Reasonable Tax Rules: Advancing Process Values with Remedial Restraint, 24 Fla. Tax Rev. 277 (2021).

5. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: James M. Puckett, Reasonable Tax Rules: Advancing Process Values with Remedial Restraint, 24 Fla. Tax Rev. 277 (2021).

6. Prof. Camp’s article Theory and Practice in Tax Administration is cited in the following article: Michael Hatfield, The Rise of Law and the Fall of Circular 230: Tax Lawyer Professional Standards, 1985-2015, 24 Fla. Tax Rev. 828 (2021).

7. Prof. Rosen’s article Katcoff v. Marsh at Twenty-Two: The Military Chaplaincy and the Separation of Church and State is cited in §§ 36.10, 36.3, 36.24, 36.23, & 36.14 of the following treatise: William W. Bassett, W. Cole Durham, Mark A Goldfeder, & Robert T. Smith, Religious Organizations and the Law (November 2021 Update).

8. Prof. James’ article The African-American Church, Political Activity, and Tax Exemption is cited in § 36.14 of the following treatise: William W. Bassett, W. Cole Durham, Mark A Goldfeder, & Robert T. Smith, Religious Organizations and the Law (November 2021 Update).

9. Prof. Brie Sherwin’s article After the Storm: The Importance of Acknowledging Environmental Justice in Sustainable Development and Disaster Preparedness is cited in the following article: Stellina Jolly & Siddharth Singh, Critiquing Sustainable Development and Analyzing Avenues for Just Sustainability in India, 51 Tex. Envtl. L.J. 187 (2021).

10. Prof. Murphy’s book Administrative Law and Practice 3d. is cited in the following article: Amanda Bolles Watson, “The Report of my Death Was an Exaggeration” – The Legal Treatise, 50 J.L. & Educ. 256 (2021).

11. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Justin W. Aimonetti, Voigt Deference: Deferring to a State Agency’s Interpretation of a Federal Regulation, 106 Minn. L. Rev. Headnotes 100 (2021).

12. Prof. Christopher’s article Will I Pass the Bar Exam? Predicting Student Success Using LSAT Scores and Law School Performance is cited in the following article: Kevin Woodson, Entrenched Racial Hierarchy: Educational Inequality from the Cradle to the LSAT, 47 Mitchell Hamline L. Rev. 224 (2021).

13. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited in §§ 9, 11 of the following restatement: Restatement (Third) of Torts (October 2021 Update).

14. Prof. Brie Sherwin’s article The Upside Down: A New Reality for Science at the EPA and its Impact on Environmental Justice is cited in § 34.8 of the following book: Rogers Environmental Law 2d. (November 2021 Update).

15. Prof Brie Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid is cited in § 31.6 of the following book: Rogers Environmental Law 2d. (November 2021 Update).

16. Prof. Beyer’s treatise Texas Practice Series: Marital Property and Homesteads was cited by the Fort Worth Court of Appeals in its opinion in Touponse v. Touponse, No. 02-20-00285-CV, 2021 WL 2753504 (July 1, 2021).

17. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Kristin E. Hickman, Nondelegation as Constitutional Symbolism, 89 Geo. Wash. L. Rev. 1079 (2021).

18. Prof. Murphy’s article The Brand X Constitution is cited in the following article: Mark H. Gallant, Esq., Medicaid Expansion Developments in the Wake of the NFIB Decision, 20130320 AHLA Seminar Papers 48 (2021).

19. Prof. Spain’s article The Elimination of Marital Fault in Awarding Spousal Support: The Minnesota Experience is cited in the following article: Mackenzie Burch, The Changing Landscape of Spousal Support, 34 J. Am. Acad. Matrim. Law. 271 (2021).

20. Prof. Murphy’s article Abandoning Standing: Trading a Rule of Access for a Rule of Deference is cited in the following article: Steven J. Mulroy, Baby & Bathwater: Standing in Election Cases After 2020, 126 Dick. L. Rev. 9 (2021).

21. Prof. Murphy’s article Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Omari Scott Simmons, The Federal Opinion: Delaware as a De Facto Agency, 96 Wash. L. Rev. 935 (2021).  

News

1. On October 29, 2021, Prof. Beyer was a virtual speaker at the Representing Estate and Trust Beneficiaries and Fiduciaries program sponsored by ALI-CLE. His presentation and accompanying paper were entitled Just Because You Are Still Alive Doesn’t Mean You Cannot Probate Your Will: Ante-Mortem Probate as the Ultimate Will Contest Prevention Technique.

2. On November 5, 2021, Prof. Beyer was a featured speaker at the 29th Annual Estate Planning Institute in Las Cruces, New Mexico sponsored by the Community Foundation of Southern New Mexico. Prof. Beyer’s presentation and accompanying article were entitled Don’t Get Lost in Cyberspace: How to Plan for and Administer Digital Assets. His talk included discussions of cryptocurrency and non-fungible tokens.

3. On November 19, 2021, Prof. Gerry W. Beyer was interviewed via Zoom by United Kingdom’s ITV News for a story about a German Countess, Karlotta Liebenstein, who allegedly created a trust when she died in 1991 for her dog, Gunther, and his descendants. Prof. Beyer explained that the story appears to be an elaborate publicity stunt. He concluded his appearance with the advice that regardless of the fictitious nature of the story, it is a reminder of the importance of a pet owner making arrangements to assure that pets are cared for after the owner’s death.

4. The Executive Director of the Uniform Law Commission appointed Prof. Gerry W. Beyer as the Reporter for the Drafting Committee on Electronic Estate Planning Documents. Prof. Beyer will be primarily responsible for researching and drafting the new act.

5. On November 30, 2021, the American College of Trust and Estate Council released Prof. Gerry W. Beyer’s podcast entitled An Update on NFTs – Non-fungible Tokens. The podcast is available here.