October 2018 New Resources

2018 Oct new books

In October 2018, 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

U.S. Congressional Serial Set – The United States Congressional Serial Set, commonly referred to as the Serial Set, is considered the most essential publication for unveiling American history.  This ongoing project in HeinOnline will be released in phases and will soon contain complete coverage of the Serial Set.

New Books

CRIMINAL LAW AND PROCEDURE

  1. William R. Kelly with Robert Pitman, Confronting Underground Justice: Reinventing Plea Bargaining for Effective Criminal Justice Reform (2018).
  2. Paul Marcus, Melanie D. Wilson, and Jack B. Zimmermann, Criminal Procedure in Practice (2018).
  3. Michael D. Cicchini, Anatomy of a False Confession: The Interrogation and Conviction of Brendan Dassey (2018).

EMPLOYMENT PRACTICE

  1. Amy S. Wilson, ed., The Practitioner’s Guide to Defense of EPL Claims (2018).

IMMIGRATION LAW

  1. Charles M. Miller, Marcine A. Seid, and Daniel Brown, Immigration Compliance and Best Practices (2018).

JUDGES

  1. Richard E. Flamm, Judicial Disqualification: Recusal and Disqualification of Judges (2017).

JUVENILES

7. ABA Center on Children and the Law, Child Welfare Legal Representation: ABA Attorney Standards (2018).

LEGAL ANALYSIS AND WRITING

  1. Laurel Currie Oates and Anne Enquist, Just Memos: Preparing for Practice (2018).
  2. Richard K. Neumann, Jr., and J. Lyn Entrikin, Legal Drafting by Design: A Unified Approach (2018).

LEGAL EDUCATION

  1. Ira L. Shafiroff, First-Year Law School Success: The Ultimate and Essential Guide for Every 1L (2018).

LEGAL PROFESSION

  1. Kerry M. Lavelle, The Early-Career Guide for Attorneys: Starting and Building a Successful Career in Law (2018).
  2. Stewart Levine, The Best Lawyer You Can Be: A Guide to Physical, Mental, Emotional, and spiritual Wellness (2018).
  3. Terri Morrison, Kiss, Bow, or Shake Hands: Courtrooms to Corporate Counsels (2018).
  4. Anders Ericsson and Robert Pool, Peak: Secrets from the New Science of Expertise (2017).
  5. Robert N. Sayler and Molly Bishop Shadel, Tongue-Tied America: Reviving the Art of Verbal Persuasion (2019).
  6. Susan Smith Blakely, What Millennial Lawyers Want: A Bridge from the Past to the Future of Law Practice (2019).

RELIGION

  1. Mark Douglas McGarvie, Law and Religion in American History: Public Values and Private Conscience (2016).

SCIENCE AND TECHNOLOGY

  1. Siddhivinayak Kulkarni, ed., Machine Learning Algorithms for Problem Solving in Computational Applications: Intelligent Techniques (2012).

TORTS

  1. Mike Farris and Jennifer Pedroza, Fifty Shades of Black and White: Anatomy of the Lawsuit Behind a Publishing Phenomenon (2018).
  2. Robert L. Dunn, Recovery of Damages for Lost Profits (2005).

All resources are available from the Law Library.  If you would like to check out any of these titles, please visit the circulation desk.

All electronic databases are available through the Library’s webpage, http://www.depts.ttu.edu/law/lawlibrary/index.php.

 

Bloomberg BNA’s Energy and Climate Report: What is it?

This is the first in a four part series blog post spotlighting Bloomberg BNA’s Energy and Climate Report.

The Energy and Climate Report is dedicated to providing real-time coverage of climate change and emissions trading developments, in-depth analysis, interviews with policy makers, background reports, and legislation, litigation coverage and court opinions, and videos.

The Energy and Climate Report home page provides a comprehensive update beginning with the latest news.

Below is a view of the home page.

Bloomberg Environment and Energy1

 

To stay updated on a specific topic of interest, check out the news on the homepage that can be filtered by topic.

Below is the view of topics that you can filter the most recent news through.

Bloomberg Environment and Energy2

For quick searches of the entire database, locate the search icon at the top right corner of the page. For advanced searches, select the search icon and then select “advanced search” to the right of the search box. The advanced search tool allows you to search by term, topic, tribunal and date.

Bloomberg Environment and Energy3

Bloomberg Environment and Energy4

Bloomberg Environment and Energy5

Access to the Energy and Climate Report’s database is available through the Texas Tech Law Library website under the Electronic Databases tab.

October 2018 Law Faculty Publications & News

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

Articles

1. Nancy J. Soonpaa, The Ins and Outcomes of Writing an Effective Syllabus, 67 J. LEGAL EDUC. 833 (2018).

2. Bryan T. Camp, The Substantial Substantiation Rules For Code Section 170, 2018 LAW360 274-45.

3. Gerry W. Beyer, Potpourri, REPTL REP., 56-4, at 3 (2018).

4. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, REPTL REP., 56-4, at 4-7 (2018).

5. Gerry W. Beyer, An Estate Planner’s Guide to the Uniform Partition of Heirs Property Act, REPTL REP., 56-4, at 38-43 (2018).

6. Gerry W. Beyer & Barry Seltzer, Don’t Forget About Pets When Planning for Disability and Death: A Legal Guide to Caregiving for Pets After an Owner’s Death, GENERATIONS: J AM. SOC. AGING, Fall 2018 at 109.

Op-Ed

1. Arnold Loewy & Charles Moster, It’s Debatable: Does Kavanaugh have the right temperament to be a Supreme Court justice?, LUBBOCK AVALANCHE-J. (Oct. 24, 2018 5:06 p.m.), http://www.lubbockonline.com/news/20181024/its-debatable-does-kavanaugh-have-right-temperament-to-be-supreme-court-justice.

Citations

1. Prof. Loewy’s article Why Roe v. Wade Should Be Overruled is cited in the following article: Clarke D. Forsythe, A Draft Opinion Overruling Roe v. Wade, 16 GEO. J.L. & PUB. POL’Y 445 (2018).

2. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: David M. Driesen, Judicial Review of Executive Orders’ Rationality, 98 B.U.L. REV. 1013 (2018).

3. Prof. 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 is cited in Adoption tax credit, 5 ARIZ. PRAC., JUV. LAW & PRACTICE § 7:16 (October 2018 Update).

4. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited multiple times in the October 2018 update to RESTATEMENT (THIRD) OF TORTS: Phys. & Emot. Harm § 11 (2010).

5. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Aaron L. Nielson, Optimal Ossification, 86 GEO. WASH. L. REV. 1209 (2018).

6. Prof. Chiappinelli’s article The Moral Basis of State Corporate Law Disclosure is cited in The traditional legal framework—An overview, D&O LIAB. HDBK. § I:2.

7. Prof. Casto’s book THE SUPREME COURT IN THE EARLY REPUBLIC: THE CHIEF JUSTICESHIPS OF JOHN JAY AND OLIVER ELLSWORTH is cited in the following article: Matt Steilen, The Security Court, 78 MD. L. REV. ONLINE 1 (2018).

8. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: David A. Dana & Michael Barsa, Judicial Review in an Age of Hyper-Polarization and Alternative Facts, 9 SAN DIEGO J. CLIMATE & ENERGY L. 231 (2018).

9. Prof. Christopher’s article The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking, Bitcoin, and the Blockchain is extensively cited in the following article: Dirk A. Zetzsche et. al., The Distributed Liability of Distributed Ledgers: Legal Risks of Blockchain, 2018 U. ILL. L. REV. 1361 (2018).

10. Prof. Beyer’s article The Fine Art of Intimidating Disgruntled Beneficiaries with In Terrorem Clauses is cited in the following article: Reid Kress Weisbord, The Governmental Stake in Private Wealth Transfer, 98 B.U.L. REV. 1229 (2018).

11. Prof. Camp’s TaxProf Blog article Lesson from the Tax Court: The Turbo-Tax Defense is cited in the following article: Tax Program Glitches; Tax Court Leniency on Penalties, Interest?, 129 J. TAX’N 46 (2018).

12. Prof. Loewy’s article Rethinking Search and Seizure in a Post-9/11 World is cited in the following article: Emily Berman, A Government of Laws and Not of Machines, 98 B.U.L. REV. 1277 (2018).

13. Prof. Gonzalez’s article The New Batson: Opening the Door of the Jury Deliberation Room After Peña-Rodriguez v. Colorado is cited in the following article: Jason Koffler, Laboratories of Equal Justice: What State Experience Portends for Expansion of the Pena-Rodriguez Exception Beyond Race, 118 COLUM. L. REV. 1801 (2018).

Quotes

1. Prof. Camp is quoted in the following article: ProPublica seeks IRS tipsters, 15 MLEX US TAX WATCH 20 (October 9, 2018).

News

1. On October 2nd, Professor Gerry W. Beyer spoke in South Sioux City, Nebraska at a meeting of the Siouxland Estate Planning Council, an interdisciplinary organization composed of attorneys, certified public accounts, trust officers, life insurance specialists, and financial planners. The topic of his presentation and accompanying article was entitled Effects of Legalized Marijuana on Estate Planning. Prof. Beyer first examined these effects in 2016 with his seminal article Puff, the Magic Dragon, and the Estate Planner.

2. On October 5th, Professor Tracy Pearl presented her paper, Compensation at the Crossroads: Autonomous Vehicles & Alternative Victim Compensation Schemes, at Nova Southeastern University’s Shepard Broad College of Law as part of its “Progression 2018: Using Law to Facilitate an Efficacious Innovation Economy” symposium.

3. On October 10th, Professor Gerry W. Beyer spoke at the El Paso Estate Planning Council October meeting. His topic and accompanying paper were entitled Cyber Estate Planning and Administration and included coverage of the Texas Revised Uniform Fiduciary Access to Digital Assets Act and the special steps necessary for planning for individuals who own cryptocurrency.

4. Professor Catherine Christopher presented her paper Normalizing Struggle (on the productive nature of struggling in law school) at the Central States Law Schools Association (CSLSA) 2018 Annual Scholarship Conference in Fort Worth.

5. On October 18th, Professor Jamie Baker presented on the rapidly-evolving ethical duty of technology competence for lawyers to the Ohio Regional Association of Law Libraries (ORALL) annual conference. Read her article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society here.

6. On October 18th, Professor Catherine Christopher presented on blockchain technology and bitcoin to the Lubbock County Women Lawyers monthly luncheon. Her seminal article on the subject, The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking, Bitcoin, and the Blockchain, is available to read here.

7. On October 19th, Professor Gerry W. Beyer was a featured speaker at The 38th Tax & Estate Planning Forum in San Diego, California. The Forum is a nationally recognized provider of legal education seminars and is an approved Legal Education Provider by the California State Bar and other State Bars across the nation. To an audience of over 300 attorneys and other estate professionals, Prof. Beyer presented his paper entitled Cyber Estate Planning and Administration.

8. Professor Victoria Sutton’s documentary The Court Martial of Apache Kid won an “Exceptional Merit” award for docu-drama and the “Excellence” award for the subcategory of “Research” at the Fall 2018 Docs Without Borders Film Festival. The film was also selected for screening at the Show Low International Film Festival in Pinetop, Arizona.

9. At a screening of the documentary Brother Outsider in the Tech Law Library on October 25th, Professor Dwight McDonald shared his thoughts on civil rights leader Bayard Rustin, his personal experience as one of only 5 African Americans in a class of 240, creating the Black Law Student Association chapter at Tech, and today’s civil rights battles for the LGBT community.

10. Professor Jamie Baker was the keynote speaker at the 13th Annual Texas Tech Law Practice Technology CLE on October 25th & 26th. She headed an all-star line-up of Tech Law faculty presentations, including insightful talks by Professors Sally Henry, Nancy Soonpaa, J. Wesley Cochran, Dustin Benham, Alyson Drake, Allison Clayton, Jarod Gonzalez, Charles Bubany, Dwight McDonald, Donnie Yandell, and Larry Spain. A full list of the CLE’s programs and presenters can be found here.

Reserve the Student Wellness Room Today!

The Law Library in conjunction with the Dean of Student’s Office and the Student Wellness Advisory Committee is very proud to announce the availability of the Wellness Room. This space is designed for students to decompress, de-stress, and rejuvenate.

The Wellness Room includes:

  • Comfortable Chairs
  • Aromatherapy
  • Additional materials to be added soon

Wellness Room Guidelines:

  • The Wellness Room booking defaults to 30-minutes blocks of time.
  • The Room may be reserved for 1-hour maximum per person, per day.
  • No more than 3 students allowed at one time.
  • The Room should be straightened after use.
  • The Room is intended for TTU Law Student use.
  • Associate Dean Chapman may enter the Wellness Room at any time.
  • If you are finished with the Wellness Room before your reservation has expired, please stop by the Reference & Information Desk and inform the staff so they can adjust the reservation.

To reserve the Wellness Room, go to the Law Library’s Room Reservation link for additional information.

Law Library Room Reservation Instructions

To reserve a room in the Law Library, go to the Law Library’s Room Reservations page and click “Book Now.”

Select the room and time you wish to reserve:

insturct 1

Note the system automatically defaults to today’s date and the current time. Areas in green are available and those in red are unavailable. Once a room and start time are selected, the system automatically selects a one-hour reservation:

insturct 2

The reservation can be shortened or extended by using the drop down menu at the bottom of the page. The reservation may be deleted by selecting the trash icon. The maximum amount of time per reservation is 2 hours and the minimum is 30 minutes.

insturct 3

insturct 4

Rooms may be reserved for up to 4 hours per day. If you wish to reserve a room for 4 hours, you must make two 2-hour reservations. These bookings may be consecutive, or they may be split up, for instance one reservation in the morning and one in the evening.

insturct 5

insturct 6

Once the booking is correct, select the “Submit Times” button.

A recap screen will appear. Please review the booking for accuracy. If you wish to make changes, the “Change” link may be selected and the reservation may be edited.

insturct 7

Please review the terms and conditions for the room selected, and select the “Continue” button.

To complete the booking, please fill in your full name, your TTU address, and a name for your study group. After you verify that you are a member of the Law School, select the “Submit my Booking” button.

insturct 8

A final confirmation page will appear.  A confirmation email will also be sent to you.

insturct 9

The confirmation email contains a link to cancel the booking, if needed.

insturct 10

If you are done with the room before your reservation has expired, please stop by the Reference & Information Desk to inform a staff member.

 

Reserve a Study Room Online!

study room collage

The Law Library is happy to announce that the Law School Community may now book rooms online.  You no longer need to come to the Reference & Information Desk to check on room availability or to book a room!

To book a room online:

  • Go to the Law School’s homepage and select “Library” from the dropdown menu.
  • Click on “Law Library Home.”
  • On the Law Library’s homepage, you can find “Room Reservation” links in the following locations:
    • Under the “Patron Services” tab
    • In “Quick Links” near the bottom of the page
  • The “Room Reservation” link will open the “Law Library Room Reservations” page. On the page are instructions and guidelines for reserving a room.
  • To book a room, read the instructions and guidelines and click “Book Now” to proceed to the room reservation calendar.

Step-by-step instructions are located here.

When reserving a room, please keep the following guidelines in mind:

  • Rooms are only available to Law Students, Law Faculty and Law Staff.
  • Rooms are available for booking 24 hours a day, 7 days a week.
  • Each study room booking defaults to a maximum 2-hour reservation.
  • Law Students may reserve two 2-hour blocks per day for a total of 4-hours maximum for study rooms per day.
  • The 2-hour reservations may be consecutive, or may be split.
  • The same study group should not book the same room for more than 4 hours a day.
  • You are expected to use the room while you have it reserved, please do not leave the room empty for an extended period of time.
  • If you are finished with a study room before your reservation has expired, please stop by the Reference & Information Desk and inform the staff so they can adjust the reservation.

Practitioners Rank Legal Research as Only Top-20 Specific Legal Skill for the “Whole Attorney”

In a recent survey conducted by the Institute for the Advancement of the American Legal System (IAALS), a wide array of legal employers ranked the legal skills and professional competencies and characteristics that they believe new lawyers most need to succeed. (There is a detailed accounting of the study’s results and an explanation of the study’s role within IAALS’s broader project in the summer 2018 edition of The Bar Examiner, pp. 17-26.) The results revealed that legal employers value foundational characteristics and competencies much more than they do foundational legal skills. 

The 20 Foundations Identified as Most Necessary in the Short Term for New Lawyers 

• Keep information confidential

• Arrive on time for meetings, appointments, and hearings

• Honor commitments

• Integrity and trustworthiness

• Treat others with courtesy and respect

• Listen attentively and respectfully

• Promptly respond to inquiries and requests

• Diligence

• Have a strong work ethic and put forth best effort

• Attention to detail

• Conscientiousness

• Common sense

• Intelligence

• Effectively research the law 

• Take individual responsibility for actions and results

• Regulate emotions and demonstrate self-control

• Speak in a manner that meets legal and professional standards

• Strong moral compass

• Write in a manner that meets legal and professional standards

• Exhibit tact and diplomacy

As noted by The Bar Examiner, [t]he only specific legal skill that reached the top 20 was legal research.

What we’re seeing is a serious dissonance between what legal educators (and by extension law students) and legal practitioners think are the most important skills for practice. Most law students are graduating from law school thinking that they have the skills necessary to practice as attorneys, but that opinion is not shared by the profession they hope to enter. In one survey, 95 percent of hiring partners and associates believed that recently graduated law students lacked key practical skills at the time of hiring. In another survey, 76 percent of third-year law students believed that they were prepared to practice law “right now,” while only 23 percent of practicing attorneys believed that recent law school graduates were ready to do their jobs.

Interestingly, the 77 foundations identified [in the IAALS Survey] as necessary for new graduates are largely the same across all workplaces, which means that as we begin to identify the overarching learning outcomes that we can—and should—expect of a legal education, we have at least one common goal: the whole lawyer.

When breaking out just the specific legal skills necessary for practice, the IAALS Survey revealed the following:

• Effectively research the law

• Understand and apply legal privilege concepts

• Draft pleadings, motions, and briefs

• Identify relevant facts, legal issues, and informational gaps or discrepancies

• Document and organize a case or matter

• Set clear professional boundaries

• Gather facts through interviews, searches, document/file review, and other methods

• Request and produce written discovery

• Effectively use techniques of legal reasoning and argument (case analysis and statutory interpretation)

• Recognize and resolve ethical dilemmas in a practical setting

• Conclude relationships appropriately

• Critically evaluate arguments

• Maintain core knowledge of the substantive and procedural law in the relevant focus area(s)

• Prepare client responses

• Draft contracts and agreements

• Interview clients and witnesses

The article goes on to mention the possibility of legal educators and professionals using the information from this survey to regulate the skills new lawyers truly need when they enter practice.

One thing that becomes clearer with every practitioner survey is the importance of legal research skills for practice.