Category: General

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 1st to April 30th, 2024.

Publications

1. Prof. Brian D. Shannon, NCAA, Heal Thyself, INSIDE HIGHER ED. (April. 3, 2024). NCAA, heal thyself (opinion) (insidehighered.com)

2. Prof. Amy Hardberger, The Challenges and Opportunities of Beneficially Reusing Produced Water, 34  DUKE ENVIRONMENTAL LAW & POLICY FORUM  1-48 (2024) Available at: https://scholarship.law.duke.edu/delpf/vol34/iss1/1

3. Prof. Gerry W. Beyer, Artificial Intelligence Ethics for the Estate Planner, EST. PLAN. DEV. FOR TEX. PROF., Mar. 2024, at 1.

4. Prof. Gerry W. Beyer, O.J. Simpson’s brain will not be donated to CTE research: report, WILLS, TRUSTS & ESTATES PROF BLOG (Apr. 13, 2024). Wills, Trusts & Estates Prof Blog (typepad.com)

5. Prof. Gerry W. Beyer, Potpourri, 62-2 REAL EST., PROB., & TR. L. REP., at 4 (2024).

6. Prof. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 62-2 REAL EST., PROB., & TR. L. REP., at 5 (2024).

7. Prof. Gerry W. Beyer, The Ethical Use of Artificial Intelligence in an Estate Planning Practice, 62-2 REAL EST., PROB., & TR. L. REP., at 40 (2024).

Citations

1. Prof. Geoffrey S. Corn’s article America’s Longest Held Prisoner of War: Lessons Learned from the Capture, Prosecution, and Extradition of General Manuel Noriega was cited in the following article: Collin Mathias, General Manuel Noriega and the Application of the Geneva Conventions in U.S. Courts, 57 U.C. DAVIS L. REV. ONLINE 93 (2024).

2. Prof. William R. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion was cited in the following article: Joshua J. Schroeder, “Improve Your Privileges While They Stay”: A Guide to Improve the Privileges of U.S. Citizenship for Everybody, 39 TOURO L. REV. 657 (2024).

3. Prof. Stephan T. Black’s article Who Owns Your Data? Was cited in the following article: Nila Bala, Who Owns Children’s Data?, 122 MICH. L. REV. 457 (2023).

4. Prof. Gerry W. Beyer’s article Here’s Who Inherited Anthony Bourdain’s Money When He Died was cited in the following article: Prachi Patel, AI Voice Enters the Copyright Regime: Proposal of a Three-Part Framework, 34 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. 451 (2024).

5. Prof. Jamie J. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society was cited in the following article: Jennifer J. Cook & Denitsa R. Mavrova Heinrich, AI-Ready Attorneys: Ethical Obligations and Privacy Considerations in the Age of Artificial Intelligence, 72 U. KAN. L. REV. 313 (2024).

6. Prof. Gerry W. Beyer’s article Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns was cited in the following publication: Robert P. Schuwerk, Lillian B. Hardwick, et. al., Handbook Of Texas Lawyer And Judicial Ethics, 48 TEXAS PRACTICE SERIES SEC. 2:4 (2024).

7. Prof. John L. Watts’ article Differences Without Distinctions: Boyle’s Government Contractor Defense Fails to Recognize the Critical Differences Between Civilian and Military Plaintiffs and Between Military and Non-Military Procurement was cited in the following publication: Dan B. Dobbs, Paul T. Hayden, et al., THE LAW OF TORTS, DOBBS’ LAW OF TORTS SEC. 352 (2024).

8. Prof. Jamie Baker’s article 2018: A Legal Research Odyssey: Artificial Intelligence as Disruptor was cited in the following article: Priya Baskaran, Searching for Justice: Incorporating Critical Legal Reasoning into Clinic Seminar, 30 CLINICAL L. REV. 227 (2024).

9. Prof. Gerry W. Beyer’s article pet trust articles and complied statutes was cited in the following publication: Donald H. Kelley, David A. Ludtke, et. al., Estate Planning for Farmers and Ranchers 1 EST. PLAN. FOR FRAMERS AND RANCHERS (3d ed.) (2024).

10. Prof. Geoffrey S. Corn’s article Corn: Military Knows, with Guns, Responsibility Comes First was cited in the following article: Tyler R.

Smotherman, More Rights, More Responsibilities: A Post-Bruen Proposal for Concealed Carry Compromise, 2024 WIS. L. REV. 343 (2024).

11. Prof. Patrick S. Metze’s article Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial was cited in the following article: Sriram H. Ramesh, Burden of the Bargain: Ineffective Assistance of Counsel Claims in the Absence of a Plea Offer, 92 FORDHAM L. REV. 2275 (2024).

12. Prof. Bryan T. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds was cited in the following article: Eldar Haber, The Criminal Metaverse, 99 IND. L.J. 843 (2024).

13. Prof. Gerry W. Beyer’s article Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns was cited in the following publication: Robert P. Schuwerk, Lillian B. Hardwick, et. al., 48 TEX. PRAC., TEX. LAWYER & JUD. ETHICS SEC. 2:4 (2024 ed).

14. Prof. Jamie J. Baker’s article 2018 A Legal Research Odyssey: Artificial Intelligence and Law: Special Issue “Natural Language Processing for Legal Texts” was cited in the following article: Alvin Hoi-Chung Hung, Analyzing the Primary and Attendant Risks of GAI-Based Natural Language Processing Models in Legal Research, 39 SYRACUSE J. SCI. & TECH. L. 15 (2023-2024).

15. Prof. Geoffrey S. Corn’s articles Soleimani and the Tactical Execution of Strategic Self-Defense, Losing the Forest for the Trees: Syria, Law, and the Pragmatics of Conflict Recognition, Legal Classification of Military Operations, and Mixing Apples and Hand Grenades: The Logical Limit of Applying Human Rights Norms to Armed Conflict was cited in the following article: Aurel Sari, War Diffused: Warfare Between Metaphor and Reality, 16 U. ST. THOMAS J. L. & PUB. POL’Y 594 (2024).

16. Prof. Richard W. Murphy’s publication Administrative Law and Practice was cited in the following publication: David G. Knibb, FED. CT. APP. MANUAL SEC. 17:17 (7th ed.).

Quotations

1. Prof. Geoffrey S. Corn was quoted in the following article: Pablo Mena, School of Law receives funding for Veterans Legal Clinic, U-WIRE, (Apr. 18, 2024).

2. Prof. Amy Hardberger was quoted in the following article related to produced water: Texas Companies Eye Pecos River Watershed for Oilfield Wastewater – Inside Climate News.

Notes

1. Prof. Amy Hardberger was interviewed for a documentary that was accepted into the Dallas International Film Festival and will premiere later this month. Information and trailer can be found here: https://diff2024.eventive.org/films/water-wars-66090a82afb5860049dec65e

2. Prof. Brandon Beck presented the following: The Road Not Taken: Using Robert Frost’s Poem to Introduce Principles of Statutory Interpretation, Lone Star Regional Legal Writing Conference, University of Houston, April 5, 2024 (25 min.).

3. Prof. Bandon Beck presented the following: Telling the Story: Legal Writing for Judges and Staff Attorneys, El Paso Court of Appeals, April 1, 2024 (1 hr.).

4. Prof. Ashley Arrington presented Red Flags Already? Navigating Challenges in the NextGen Bar and Database-Free Legal Research Testing at the Southwestern Association of Law Libraries Annual Meeting in Dallas, TX on April 4.

5. Prof. Ashley Arrington presented The Rombauer Method in Today’s Legal Research Classroom: Is It Still Working? at the Southwestern Association of Law Libraries Annual Meeting in Dallas, TX on April 5.

6. On April 12, 2024, Prof. Gerry W. Beyer traveled to Allen, Texas where he was the luncheon speaker for the Probate Section of the Collin County Bar Association. His topic and accompanying article were entitled Recent Developments From the Texas Courts.

7. The American College of Trust and Estate Counsel Foundation posted Prof. Gerry W. Beyer’s podcast entitled The Ethical Use of Artificial Intelligence in Trust & Estate Law. Here is the link to the podcast: https://actecfoundation.org/podcasts/ethical-use-of-artificial-intelligence-in-trust-estate-law/.

8. Prof. Brandon Beck was interviewed and quoted extensively in a new piece in the Texas Monthly on a recent Fifth Circuit case involving the denial of a primary language interpreter for an indigenous defendant. https://www.texasmonthly.com/news-politics/when-a-defendant-gets-lost-in-translation/

9. The American College of Trust and Estate Counsel Foundation recently released Prof. Gerry W. Beyer’s video podcast entitled the Use of Artificial Intelligence (AI) in Creating an Estate Plan. This video podcast, designed for a lay audience, discusses the “positive and negative effects when using Artificial intelligence, (AI), to create an estate plan. Using AI to create an estate plan may seem appealing due to its cost-effectiveness and convenience. However, relying solely on AI to create estate planning documents can lead to significant issues. AI lacks the ability to think critically, may provide inaccurate information, and often overlooks crucial personalized details necessary for a comprehensive estate plan. Additionally, there are concerns regarding confidentiality and privacy when using AI for estate planning purposes.”

10. On April 18, 2024, Prof. Gerry W. Beyer was the virtual guest speaker for the St. Mary’s University School of Law’s chapter of the Student Animal Legal Defense Fund. His presentation was entitled Pet Trusts: Providing for Non-Human Family Members.

11. On April 23, 2024, Prof. Gerry W. Beyer travelled to Dallas where he was the luncheon speaker for a meeting of the Dallas Bar Association’s Probate, Trusts, & Estates Section. To an audience of approximately 100 attorneys and judges, Prof. Beyer spoke on Recent Estate Planning Developments from the Texas Courts.

12. Prof. Geoffrey S. Corn had an article written about him in U-Wire entitled, Corn applies law experience to classroom. U-Wire (Apr. 18, 2024).

13. On April 27,2024, Prof. Gerry W. Beyer spoke virtually to approximately 300 Virigina attorneys at The Conner-Zaritsky 45th Annual Advanced Estate Planning and Administration Seminar. Prof. Beyer’s topic was entitled Artificial Intelligence and Its Impact on Today’s Estate Planner.

14. On April 29, 2024, Prof. Gerry W. Beyer was honored to receive the Gardner DeMallie Award for the best presentation at The Conner-Zaritsky 45th Annual Advanced Estate Planning and Administration Seminar, Artificial Intelligence and Its Impact on Today’s Estate Planner. This award was created by the Virginia Continuing Legal Education Committee to honor the late Assistant Director of Virginia CLE and to recognize someone who has contributed outstanding service to continuing legal education in Virginia.

TTU Law Library is committed to providing resources to support our summer associates and graduates as you take the next step in your legal career.

Westlaw

Continuing students will automatically have access to Westlaw over the summer for unpaid, non-commercial research, and no special registration is required. Permissible uses include:

• Summer coursework
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• Non-Profit work
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If continuing students are working for a firm or a for-profit organization, you should use the Westlaw account provided by your employer.

Graduating students can register for Westlaw’s Westlaw Grad Elite program. Your “Grad Elite” access gives you 60-hours of usage per month, with no restrictions against using them for professional purposes. Your post-graduation access will conclude at the end of the 18th month after your graduation date.

These tools include:

• Westlaw Precision
• Practical Law
• Practical Law Connect
• Drafting Assistant Essential
• Doc and Form Builder
• ProView
• West LegalEdCenter -one-year, no CLE
• Knowledge Center eLearnings and Tutorials

YOU MUST OPT IN TO GRAD ELITE Access (and can do so in one of two ways):
1) Go to www.lawschool.tr.com, and, after logging on, use the drop-down menu by your name to go to Grad Elite Status

2) Or Click on this link: https://lawschool.thomsonreuters.com/grad-elite-status/

Lexis +

Continuing students will have unlimited Lexis +access this summer for any purpose at school or at work, including any paid or unpaid legal work, though employers may prefer summer associates to use a firm-provided ID for client work.

Graduating 3Ls will automatically have continued access to Lexis upon graduation. The Graduate Program gives extended access to Lexis+ to spring graduates via our law school IDs through December 31, 2024.

The ASPIRE program provides 12 months of free access to federal and state cases, codes, regulations, law reviews, Shepard’s® Citation Service and Matthew Bender® treatises to graduates who are engaged in verifiable 501(c)(3) public interest work. Graduates who apply to this program must work directly for a non-profit or charitable organization, and be able to provide documentation (e.g. email) from a superior of the same.

Bloomberg Law

Continuing students will have full access to Bloomberg Law over the summer. May 2024 graduating law students will have 6 months post-graduation unlimited and unrestricted access to Bloomberg Law.

If you have access issues to those databases, please contact the Electronic & Digital Services Librarian, Dajiang Nie, at dajiang.nie@ttu.edu.

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 1st to March 31st, 2024.

Publications

1. Prof. Gerry W. Beyer, The Viability of Inserting Descriptive Photos in Wills: A Picture is Worth a Thousand Words, 38-APR Prob. & Prop. 26 (2024).
   
2. Prof. Brian D. Shannon, A Brief History of the Texas Insanity Defense, 13 J. TEX. S.CT. HIST’L SOC. 27-37 (Winter 2024), https://www.texascourthistory.org/Content/Newsletters/TSCHS%20Winter%202024_2.pdf.
   
3. Prof. Victoria Sutton wrote an article on a recent 9th Cir. En banc opinion. You can find the article here: https://profvictoria.substack.com/publish/posts/detail/142532861.
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4. Prof. Gerry W. Beyer, REAL PROPERTY (13, 14, & 15 West’s Texas Forms 2nd ed. 2024 Supp.).
   
5. Prof. Ashley Arrington, “Purposefully Vague” or Problematic? Why Lawyers Must Define the Duty of Tech Competence, 20 U. St. Thomas L.J. 218 (2024).

Citations

1. Prof. William R. Casto’s article Robert Jackson’s Critique of Trump v. Hawaii was cited in the following article: Seth Barrett Tillman, What Court (If Any) Decided Ex Parte Merryman?—A Correction for Justice Sotomayer (and Others), 13 Brit. J. Am. Legal Stud. 43 (2024).
   
2. Prof. Geoffrey S. Corn’s article Should the Best Offense Ever Be a Good Defense? The Public Authority to Use Force in Military Operations: Recalibrating the Use of Force Rules in the Standing Rules of Engagement was cited in the following article: Dan Maurer, Congress and the Operational Disciplining of the Use of Armed Force: Are Rules of Engagement within the Preclusive Core of the President’s War Powers?, 84 Ohio St. L.J. 1393 (2024).
   
3. Prof. Geoffrey S. Corn’s article Strengthening American War Crimes Accountability was cited in the following article: Rachel E. VanLandingham, Courtroom as War Crim: Ukraine’s Military Justice Struggle, 84 Ohio St. L.J. 1297 (2024).
   
4. Prof. Geoffrey S. Corn’s article Environmental Law in Military Operations was cited in the following article: Mark Nevitt, Environmental War, Climate Security, and the Russia-Ukraine Crisis, 84 Ohio St. L.J. 1359 (2024).
   
5. Prof. Dustin Benham’s article Foundational and Contemporary Court Confidentiality was cited in the following article: Kevin Mahoney, Countering Secrecy, 60-APR Trial 28 (2024).
   
6. Prof. Bryan T. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act was cited in the following article: Susan C. Morse, Old Regs: The Default Six-Year Time Bar for Administrative Procedure Claims, 31 Geo. Mason L. Rev. 191 (2024).
   
7. Prof. Stephen T. Black’s Article Cyberdamages was cited in the following article: Austin L. Hendrick, Redefining the Injury-In-Fact: Treating Personally Identifying Information as Bailed Property, 58 Ga. L. Rev. 871 (2024).
   
8. Prof. Richard W. Murphy’s article Enhancing the Role of Public Interest Organizations in Rulemaking via Pre-Notice Transparency was cited in the following article: Stavros Gadinis & Chris Havasy, The Quest for Legitimacy: A Public Law Blueprint for Corporate Governance, 57 U.C. Davis L. Rev. 1581 (2024).
   
9. Prof. Geoffrey S. Corn’s article Imputed Liability for Supervising Prosecutors: Applying the Military Doctrine of Command Responsibility to Reduce Prosecutorial Misconduct was cited in the following article: Perry Moriearty, et.al., Race, Racial Bias, and Imputed Liability Murder, 51 Fordham Urb. L.J. 675 (2024).
   
10. Prof. Richard D. Rosen’s article Deterring Pre-Viability Abortions in Texas Through Private Lawsuits was cited in the following article: Milan Markovic, Charging Abortion, 92 Fordham L. Rev. 1519 (2024).
    
11. Prof. Richard W. Murphy’s article Administrative Law as a Legal Discipline was cited in the following article: Seth W. Berger, Setting Reasonable and Proportional Credit Crad Late Fees: Easier Said Than Done, 28 N.C. Banking Inst. 203 (2024).
    
12. Prof. Jamie Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society was cited in the following article: Drew Simshaw, Technology Competence as a Compass for Helping to Close the Justice Gap, 20 U. St. Thomas L.J. 129 (2024).
    
13. Prof. Jamie Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society was cited in the following article: Peter A. Hook, Developing Data Fluent Lawyers by Teaching Litigation Analytics, 20 U. St. Thomas L.J. 295 (2024).
    
14. Prof. Jamie Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society Amy A. Emerson, A Threshold Assessment: Is Technology Among the Competencies Tested by the MPRE?, 20 U. St. Thomas L.J. 129 (2024).
    
15. Prof. Jamie Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society was cited in the following article: Jennifer A. Brobst, The Lawyer’s Duty to Understand the Disparate Impact of Technology in the Legal Profession, 20 U. St. Thomas L.J. 129 (2024).
    
16. Prof. Jamie Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society was cited in the following article: Iantha Haight, A Rubric for Analyzing Legal Technology Using Benefit/Risk Pairs, 20 U. St. Thomas L.J. 129 (2024).
    
17. Prof. Ashley Arrington’s article “Purposefully Vague” or Problematic? Why Lawyers Must Define the Duty of Tech Competence was cited in the following article: Michael Robak, An Introduction to a Roadmap for Law School Modernity: Teaching Technology Competence, 20 U. St. Thomas L.J. 129 (2024).

Notes

1. The Texas Coalition to Abolish the Death Penalty presented an Appreciation Award to Horn Distinguished Professor Brian Shannon in Fort Worth on March 2 for his assistance in two death penalty cases in which the defendants are seriously mentally ill and incompetent to be executed. See https://tcadp.org/what-we-do/annual-conference/.
   
2. On March 8, 2024, Prof. Gerry W. Beyer was a co-presenter for the Symposium entitled A Hitchhiker’s Guide to AI at the Annual Meeting of the American College of Trust and Estate Counsel in Phoenix, Arizona. To a crowd of over 400 estate planning attorneys, Prof. Beyer and his co-presenters explained the impact of AI on the estate planning practice. Prof. Beyer’s segment focused on the ethical considerations that arise when using AI.
   
3. Prof. Ashley Arrington presented Will the NextGen Bar Truly Test Lawyering Skills? An Evaluation at the Rocky Mountain Legal Writing Conference on March 9.
   
4. Prof. Gerry W. Beyer’s podcast entitled A Discussion of Ante-Mortem Probate, a process of validating the will of a living person available in some states, was released as the March 19, 2024 issue of the American College of Trust and Estate Counsel’s Trust and Estate Talk.