October 2020 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, 2020.

Articles, Essays, and Reviews

1. Brian Shannon, Texas Mental Health Legislative Reform: Significant Achievements With More To Come, 53 Tex. Tech L. Rev. Online Edition 1 (2020).

2. Gerry W. Beyer, Wills & Trusts, 6 SMU Annual Tex. Survey 409 (2020).

Op-Eds

1. Prof. Loewy, Would Making Lubbock a ‘Sanctuary City’ Pass Constitutional Muster?, Lubbock Avalanche-Journal (October 4, 2020; 12:00a) https://www.lubbockonline.com/story/opinion/columns/2020/10/04/would-making-lubbock-rsquosanctuary-cityrsquo-pass-constitutional-muster/42721353/

2. Prof. Loewy, It’s debatable: Should Supreme Court Vacancy Not be Filled Until After Election?, Lubbock Avalanche-Journal (October 19, 2020; 8:09a) https://www.lubbockonline.com/story/opinion/2020/10/19/its-debatable-should-president-senate-wait-until-after-election-fill-vacancy/3679200001/

Citations

1. 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: Arnab Datta,  Supporting the Agency “Designed to Do Nothing”: Creating a Regulatory Safety Net for the FEC, 88 Geo. Wash. L. Rev. 1259 (2020).

2. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique is cited in the following: § 9 Disability, § 11 Disability, Restatement (Third) of the Law – Torts (October 2020 Update).

3. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Anne McGinness Kearse, W. Taylor Lacya, A Dangerous Blame Shifting Game, 56-OCT JTLATRIAL 18 (2020).

4. Prof. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion is cited in the following article: Michael Freedman, Injury-In-Fact, Historical Fiction: Contemporary Standing Doctrine And The Original Meaning Of Article III, 75 N.Y.U. Ann. Surv. Am. L. 317 (2020).

5. Prof. Casto’s article Pacificus & Helvidius Reconsidered is cited in the following article: Seth Halper-Stromberg, Interpreting and Reforming the National Emergencies Act In Light Of the Pacificus-Helvidius Debate, 52 N.Y.U. J. Int’l L. & Pol. 907 (2020).

6. 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 the following article: Bret Rappaport, “Smile More”: Kindling for Kindness in the Practice of Law, 44 Law & Psychol. Rev. 171 (2020).

7.  Prof. Gonzalez is cited in the following case: Kim Cramton v. Grabbagreen Franchising LLC, et al., No. CV-17-04663-PHX-DWL (D. Ariz. Oct. 13, 2020), citing A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure, referencing the prevailing view that parties may wait until the eve of trial to move to strike a jury demand.

8. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: Renée Burbank, Illegal Exactions, 87 Tenn. L. Rev. 315 (2020).

9. Prof. Loewy’s article The Exclusionary Rule as a Remedy is cited in the following article: Kent Roach, Reclaiming Prima Facie Exclusionary Rules in Canada, Ireland, New Zealand, and the United States: The Importance of Compensation, Proportionality, and Non-Repetition, 43 Man. L.J. 1 (2020).

10. Prof. Shannon’s article The Revised Ncaa Division I Governance Structure After Three Years: A Scorecard is cited in the following article: Timothy Davis, A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, 30 Marq. Sports L. Rev. 309 (2020).

11. Prof. Murphy’s article Public Participation Without A Public: The Challenge For Administrative Policymaking is cited in the following article: Robert L. Glicksman, Shuttered Government, 62 Ariz. L. Rev. 573 (2020).

12. Prof. Christopher’s article Mobile Banking: The Answer For The Unbanked In America? is cited in the following article: Cassandra Jones Havard, Doin’ Banks, 5 U. Pa. J. L. & Pub. Aff. 317 (2020).

13. Prof. Christopher’s article Normalizing Struggle is cited in the following article: Emily Zimmerman, Re-Envisioning Law Student Scholarship, 69 Cath. U. L. Rev. 291 (2020).

14. Prof. Loewy’s book Criminal Procedure: Cases, Materials, and Questions is cited in the following article: Dov Fox, Alex Stein, Constitutional Retroactivity In Criminal Procedure, 91 Wash. L. Rev. 463 (2020).

15. Prof. Robert Sherwin’s article Shoot First, Litigate Later: Declaratory Judgment Actions, Procedural Fencing, and Itchy Trigger Fingers is cited in the following article: Daniel Fisher, Walmart hopes old law will block feds’ suit over opioid ‘unwritten expectations’, Southeast Texas Record (2020).

16. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural And Conceptual Reform Of The “Hard Look” is cited in the following article: Kathryn E. Kovacs, Constraining The Statutory President, 98 Wash. U. L. Rev. 63 (2020).

Quotes

1. Prof. Metze is quoted in the following article: Chase Seabolt & Hannah Isom, Daniels awaits trial 3 years after death of Tech officer, Daily Toreador, (October 9, 2020; 7:12a), available at http://www.dailytoreador.com/news/daniels-awaits-trial-3-years-after-death-of-tech-officer/article_dd713e80-0a73-11eb-ae5b-43b1d2c04f60.html.

2. Prof. Metze is quoted in the following article: Taylor Goldenstein, Judge Moves AG Ken Paxton’s criminal case back to his hometown, Houston Chronicle, (October 23, 2020; 5:55p), available at https://www.houstonchronicle.com/politics/texas/article/Judge-moves-AG-Ken-Paxton-s-criminal-case-back-15670952.php#:~:text=A%20Harris%20County%20judge%20on,a%20sympathetic%20judge%20or%20jury.

3. Dean Nowlin is quoted in the following article: Andrew Pearce, Where Do We Go From Here? Texas Law Schools Chart a Course, The Houston Lawyer, (September/October 2020), available at https://issuu.com/leosur/docs/thl_sepoct20?fr=sMjM2MzIwOTI2MDg.

4. Prof. Rosen is quoted in the following article: Matt Dotray, Public vote on Lubbock abortion ordinance growing more likely, Lubbock Avalanche-Journal (October 24, 2020; 2:40p), available at https://www.lubbockonline.com/story/news/2020/10/24/public-vote-sanctuary-city-unborn-ordinance-beginning-seem-likely/3743510001/.

News

1. On October 7, Prof. Beyer virtually presented a CLE program for Texas Rio Grande Legal Aid titled COVID-19 and the Estate Planner. His article of the same name was distributed to the attendees.

2. On October 10, Prof. Beyer was the featured speaker on a webinar sponsored by the Phoenix Landing Foundation entitled What If Your Parrot Outlives You? Preparing for Your Bird’s Future. Prof. Beyer explained to the owners of parrots and other birds the techniques they may use to protect their beloved pets when their owners are temporarily unavailable, disabled, or dead, particularly emphasizing the use of trusts. His paper of the same title is available for download: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3708429.

3. Prof. Beyer was an invited presenter during the October 22 meeting of the American College of Trust and Estate Counsel’s Digital Property Committee. His presentation titled Ransomware Attacks explained the history of ransomware and steps individuals and law firms should take to prevent attacks.

4. On October 28, Prof. Beyer was the virtual guest speaker at an educational program sponsored by the Baltimore Estate Planning Council. His two-hour presentation and accompanying article were titled Cyber Estate Planning and Administration.

5. On October 29, Prof. Beyer virtually presented a CLE program titled Avoiding the Estate Planning “Blue Screen of Death” With Competent and Ethical Practices for the 46th Annual Notre Dame Tax & Estate Planning Institute. His paper of the same title accompanied the presentation.

6. Prof. Sutton is the writer, producer and director of the short documentary, “Space Biocontamination — the Risk is not Zero,” that was selected with 8 other documentaries for the 2d Annual Sigma Xi Film Festival, hosted from Nov. 6-8 (online). Sigma Xi is the scientific research honor society and this is the second year they have used a film and art festival to talk about science and research. The link for the official selections for this year are available:
http://www.sigmaxi.org/meetings-events/annual-meeting-and-student-research-conference/stem-art-and-film-festival

7. An online version of Prof. Shannon’s latest article, Texas Mental Health Legislative Reform: Significant Achievements with More to Come, was published in late September 2020 on the Texas Tech Law Review website. The printed version will appear in Issue 1 of Volume 53 later this year. The article was prepared in conjunction with the November 2020 Texas Tech Mental Health Law Symposium. The National Center for State Courts also disseminated the link and information about the article in its October 15, Behavioral Health Alerts online newsletter.

8. On October 2, Prof. Shannon addressed the Texas Tech Alumni Association Board of Directors regarding NCAA Hot Topics.

9. Prof. Shannon addressed the Texas Tech Law School Foundation Board on October 2, to announce a new endowed scholarship honoring Prof. Bubany as he begins his 50th year of teaching at Tech Law.

10. On October 9, Prof. Shannon moderated a legislative panel discussion as part of the Texas Criminal Defense Lawyers Association’s conference, Removing the Fear of Using Mediation for Criminal Cases. Participants included Sen. Charles Perry, Rep. James White, and Rep. Eddie Lucio.

11. Prof. Shannon provided a lecture as part of the Osher Lifelong Learning Institute via Zoom on October 13, on the subject “Criminal Justice/Mental Health Law Reforms – Reframing Policy.”

12. Prof. Shannon is chairing the West Texas Mental Health Collaborative’s newly formed Access to Mental Health Care Crisis Services Committee. The kickoff meeting was October 14.

13. Prof. Shannon was appointed to the Provost Search Committee for Texas Tech University (October 2020). 

14. Prof. Brian Shannon received the Governor’s Trophy award from Texas Governor Greg Abbott for displaying a commitment to empowering employees, co-workers, and fellow Texans with disabilities, mainly focusing on destigmatizing and empowering those whose mental health diagnoses have put them in the criminal justice system.

15. On October 16, Prof. Casto delivered a presentation titled “Serving a Lawless President” at the Mercer Law 21st Annual Georgia Symposium on Professionalism and Ethics.

16. On October 22, Prof. Ross was an honored speaker at Texas Tech University’s virtual event titled “Black Women in the Academy” that focused on the journey of Black women in academia.

2020 October New Resources

In October 2020, 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

HeinOnline Civil Rights and Social Justice database

Civil Rights and Social Justice (HeinOnline) – HeinOnline’s Civil Rights and Social Justice database brings together a diverse offering of publications covering civil rights in the United States as their legal protections and definitions are expanded to cover more and more Americans. Containing hearings and committee prints, legislative histories on the landmark legislation, CRS and GAO reports, briefs from major Supreme Court cases, and publications from the Commission on Civil Rights, this database allows users to educate themselves on the ways our civil rights have been strengthened and expanded over time, as well as how these legal protections can go further still. A varied collection of books on many civil rights topics and a list of prominent civil rights organizations help take the research beyond HeinOnline.

New Books

EVIDENCE

1. David A. Schlueter and Stephen A. Saltzburg, Texas Rules of Evidence Trial Book:  Objections, Offers of Proof, Rulings on the Record, and Limiting Instructions (2020).

2. Charles B. Gibbons, A Student’s Guide to Trial Objections (2018).

INTELLECTUAL PROPERTY LAW

3. Theodore H. Davis, Jr., ed., A Legal Strategist’s Guide to Trademark Trial and Appeal Board Practice (2020).

LEGAL EDUCATION

4. Bryan A. Garner, ed., Black’s Law Dictionary (2019).

5. Lisa M. Nunn, 33 Simple Strategies for Faculty:  A Week-By-Week Resource for Teaching First-Year and First-Generation Students (2019).

6. Michelle D. Miller, Minds Online:  Teaching Effectively with Technology (2014).

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.

September 2020 Law Faculty Publications & News

Throughout the month of September, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for September 1 to September 30, 2020.

Articles, Essays, and Reviews

1. Brian D. Shannon, Texas Mental Health Legislative Reform: Significant Achievements with More to Come, 53 Tex. Tech L. Rev. Online Ed. 1 (2020).

2. Gerry W. Beyer, Keeping Current—Probate, Prob. & Prop., at 32 (Sept. /Oct. 2020).

Op-Eds

1. Prof Loewy, It’s debatable: As internal pressure builds, is America’s days as a republic nearing an end?, Lubbock-Avalanche J. (Sept 20, 2020 at 12:01 am); available at https://www.lubbockonline.com/opinion/20200920/itrsquos-debatable-as-internal-pressure-builds-is-americarsquos-days-as-republic-nearing-end.

Citations

1. Prof. Cochran’s article It Takes Two To Tango!: Problems With Community Property Ownership Of Copyrights And Patents In Texas is cited in the following practice series: Thomas A. Jacobs, § 6.8. Professional accounts receivables, 4 Ariz. Prac., Community Property Law § 6.8 (3d ed.) (September 2020 Update).

2. Prof. Brie Sherwin’s article Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, And State Exceptionalism Failed Flint, Michigan is cited in the following article: Erin M. Hodgson, Thirsty For Justice: How The Flint Water Crisis Highlights The Insufficiency Of The Citizen Suit Provision Of The Safe Drinking Water Act, 44 S. Ill. U. L.J. 347 (2020).

3. Prof. Loewy’s book Criminal Law in a Nutshell is cited in the following treatise: Michael B. Mushlin, Rights of Prisoners § 3:39. If force is justified, under what circumstances is its application excessive?, (September 2020 Update).

4. Prof. Gonzalez’s article A Tale of Two Waivers: Waiver of the Jury Waiver Defense under the Federal Rules of Civil Procedure is cited in the following book: Arthur R. Miller & Charles Alan Wright, Federal Practice & Procedure (2020 Update).

5. Prof. Murphy’s article Separation of Powers and the Horizontal Force of Precedent is cited in the following article: Charles W. Tyler, The Adjudicative Model of Precedent, 87 U. Chi. L. Rev. 1551 (2020).

6. Prof. Beyer’s article Estate Planning in the Digital Age is cited in the following book: Mary F. Radford, Georgia Guardianship and Conservatorship (September 2020 Update).

7. Prof. Chiappinelli’s article The Moral Basis of State Corporate Law Disclosure is cited in the following book: Mark A. Sargent & Dennis R. Honabach, D&O Liability Handbook, (September 2020 Update).

8. Prof. Murphy’s article Constraining White House Political Control of Agency Rulemaking through the Duty of Reasoned Explanation is cited in the following article: Daniel A. Farber, Exceptional Circumstances: Immigration, Imports, The Coronavirus, and Climate Change as Emergencies, 71 Hastings L.J. 1143 (2020).

9. Prof. Murphy’s article Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: Stephanie Hunter McMahon, The Perfect Process Is the Enemy of the Good Tax: Tax’s Exceptional Regulatory Process, 35 Va. Tax Rev. 553 (2020).

10. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: article Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: Stephanie Hunter McMahon, The Perfect Process Is the Enemy of the Good Tax: Tax’s Exceptional Regulatory Process, 35 Va. Tax Rev. 553 (2020).

11. Prof. Murphy’s article Tax Havens, Secrecy Jurisdictions and the Breakdown of Corporation Tax is cited in the following article: Matthew S. Erie, The New Legal Hubs: The Emergent Landscape Of International Commercial Dispute Resolution, 60 Va. J. Int’l L. 225 (2020).

12. 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 the following practice series: Thomas A. Jacobs, § 7:16. Adoption tax credit, 5 Ariz. Prac., Juv. Law & Practice § 7:16 (September 2020 Update).

13. Prof. Christopher’s article Eye of the Beholder: How Perception Management Can Counter Stereotype Threat among Struggling Law Students is cited in the following article: Raul Ruiz, Leveraging Noncognitive Skills to Foster Bar Exam Success: An Analysis of the Efficacy of the Bar Passage Program at FIU Law, 99 Neb. L. Rev. 141 (2020).

14. Prof. Loewy’s article Statutory Rape in a Post Lawrence V. Texas World is cited in the following article: Asaf Harduf, Statutory (Is Not) Rape: Reshaping the Criminalization of Underage Sex, and Beyond, 56 No. 5 Crim. Law Bulletin ART 4 (2020).

15. Prof. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look is cited in §§ 12:3 & 12:4 of The Illinois Civil Jury Instructions Companion Handbook (September 2020 Update).

Quotes

1. Prof Humphrey is quoted in the following article: Adán Rubio & Ryan McCullar, Law School Deans Reflect on COVID-19 Impact, The Daily Toreador (September 16, 2020), available at http://www.dailytoreador.com/news/law-school-deans-reflect-on-covid-19-impact/article_9f72f54a-f88c-11ea-aba4-7b7c854390f4.html.

News

1. On September 3, 2020, Prof. Gerry W. Beyer presented a virtual CLE for the Hidalgo County Bar Association. His topic and accompanying article were entitled COVID-19 and the Estate Planner, and he discussed the challenges of providing estate planning services in light of stay-at-home orders and social distancing, with emphasis on how to have clients execute legally binding documents remotely.

2. Prof. Gerry W. Beyer recently served as one of the seven judges of the Mary Moers Wenig Student Writing Competition, a national competition focusing on estate planning topics sponsored by the American College of Trust and Estate Council Foundation.

3. On September 15, 2020, Prof. Gerry W. Beyer was featured on a podcast called American College of Trust and Estate Council, Trust and Estate Talk, Ante-Mortem Probate as the Ultimate Will Contest Prevention Technique. It is available at https://actecfoundation.org/podcasts/ante-mortem-probate-premortem-probate/.

4. On September 16, 2020, Prof. Gerry W. Beyer was invited to participate as a speaker in the E-Texas Advanced Paralegal CLE All Star webinar sponsored by the Paralegal Division of the State Bar of Texas. His presentation and article entitled Case Law Update focused on recent judicial developments in the Texas appellate courts dealing with intestate succession, wills, estate administration, trusts, and related estate planning issues.

5. At the Fall meeting of the Real Estate, Probate, & Trust Law Council of the State Bar of Texas on September 18, 2020, Prof. Gerry W. Beyer was reappointed as the Editor-in-Chief of the REPTL Reporter, the official publication of the REPTL Section of the State Bar of Texas, the largest of the State Bar sections.

6. On September 25, 2020, Prof. Gerry W. Beyer was the DeMallie Award Winner speaker the Conner-Zaritsky 41st Annual Advanced Estate Planning and Administration Seminar, a two-day program sponsored by the Virginia Law Foundation. His topic and accompanying paper were entitled Cyber Estate Planning and Administration. Prof. Beyer’s past awards include the DeMallie Award in both 2015 and 2017 after being voted by the attendees as being the speaker with the best presentation.

7. Prof. Sutton’s poster entitled “Xenobots, a New Life Form, a New Robot” is currently being presented at the We, Robot 2020 conference that is virtually in Ottawa, Canada. The focus is on how these new life forms might be regulated for security purposes in international law. The poster is available at https://techlaw.uottawa.ca/werobot/posters.

8. Prof. Sutton’s documentary The Court Martial of Apache Kid became an official selection of the Four Corners Film Festival. This accomplishment is accompanied by an article in Texas Tech Today. The article is available at https://today.ttu.edu/posts/2020/01/Stories/sutton-documentary.