May 2021 New Books

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

ANIMAL LAW

1. Karen Bradshaw, Wildlife as Property Owners:  A New Conception of Animal Rights (2020).

BANKING AND FINANCE

2. Daniel T. Stabile, Kimberly A. Prior, and Andrew M. Hinkes, Digital Assets and Blockchain Technology:  US Law and Regulation (2020).

CRIMINAL LAW AND PROCEDURE

3. Joel Fishman, Grand Juries:  A Legal Research Guide (2020).

ELECTIONS AND VOTING

4. Mark P. Jones, ed., Voting and Political Representation in America:  Issues and Trends (2020).

ENERGY AND UTILITIES LAW

5. Sarah A.W. Fitts and Florence K.S. Davis, eds., Distributed Generation Law:  A Guide to Regulations, Policies, and Programs (2020).

ENVIRONMENTAL LAW

6. Sumudu A. Atapattu, Carmen G. Gonzalez, and Sara L. Seck, eds., The Cambridge Handbook of Environmental Justice and Sustainable Development (2021).

7. Michael Burger, ed., Combating Climate Change with Section 115 of the Clean Air Act:  Law and Policy Rationales (2020).

8. Jonathan Rosenbloom, Remarkable Cities and the Fight Against Climate Change:  43 Recommendations to Reduce Greenhouse Gases and the Communities that Adopted Them (2020).

EVIDENCE

9. Paul W. Grimm, Charles S. Fax, and Paul Mark Sandler, Discovery Problems and Their Solutions (2020).

LAW AND SOCIETY

10. Jef Ausloos, The Right to Erasure in EU Data Protection Law:  From Individual Rights to Effective Protection (2020).

LAW OF THE SEA

11. Oystein Jensen, ed., The Development of the Law of the Sea Convention:  The Role of International Courts and Tribunals (2020).

12. Graeme Scott Baber, The Global Law of the Sea:  Baselines and Boundary Delimitation (2020).

LEGAL ANALYSIS AND WRITING

13. Hon. Robert E. Bacharach, Legal Writing:  A Judge’s Perspective on the Science and Rhetoric of the Written Word (2020).

LEGAL EDUCATION

14. Nicole P. Dyszlewski, Raquel J. Gabriel, Suzanne Harrington-Steppen, Anna Russell, and Genevieve B. Tung, eds., Integrating Doctrine and Diversity:  Inclusion and Equity in the Law School Classroom (2021).

15. Primary Research Group, Survey of Law School Faculty & Staff:  Evaluating Information Technology Needs & Resources (2020).

16. Primary Research Group, Survey of Law School Response to the Coronavirus Pandemic (2020).

LEGAL PROFESSION

17. American Bar Association, Standing Committee on Lawyers’ Professional Liability, Protecting Against Cyber Threats:  A Lawyer’s Guide to Choosing a Cyber Liability Insurance Policy (2019).

PRESIDENT/EXECUTIVE DEPARTMENT

18. Gary Gerstle and Joel Isaac, eds., States of Exception in American History (2020).

PROFESSIONAL ETHICS

19. Joel Fishman, Judicial Ethics and Discipline:  A Legal Research Guide (2020).

REPRODUCTION

20. N. E. H. Hull and Peter Charles Hoffer, Roe v. Wade:  The Abortion Rights Controversy in American History (2021).

SEX CRIMES

21. Mary Welek Atwell, Sexual Harassment in the United States:  Analyzing the Hostile Environment (2020).

WATER LAW

22. Maria E. Milanes, International Groundwater Law and the US-Mexico Border Region (2020).

All of these books 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.  Library staff will be able to assist in locating and checking out any of these items.

April 2021 Law Faculty Publications & News

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, 2021.

Articles, Essays, Reviews, and Publications

1. Sally McDonald Henry, Ordin on Contesting Confirmation (2021-2 Supplement).

2. Gerry W. Beyer, Potpourri, 59-2 Real Est., Prob., & Tr. L. Rep., at 4 (2021).

3. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 59-2 Real Est., Prob., & Tr. L. Rep., at 5 (2021).

Op-Eds

1. Prof. Loewy, It’s Debatable: Are Stricter Measures Needed for Assault Weapons?, Lubbock Avalanche-Journal (April 4, 2021; 8:30a), available at: https://www.lubbockonline.com/story/opinion/2021/04/04/should-stricter-measures-implemented-assault-weapons/4840273001/

2. Prof. Loewy, It’s Debatable: Should Convicted Child Molesters Receive The Death Penalty?, Lubbock Avalanche-Journal (April 18, 2021; 4:55a), available at: https://www.lubbockonline.com/story/opinion/columns/2021/04/18/its-debatable-should-convicted-child-molesters-receive-death-penalty/7211106002/

3. Prof. Hardberger, Will Water Woes Return this Summer?, Lubbock Avalanche-Journal (April 25, 2021).

Citations

1. 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 the following article: Mollie Soloway, Measuring Environmental Justice: Analysis of Progress under Presidents Bush, Obama, and Trump, 51 Envtl. Rep. (ELI) 10038 (2021).

2. Prof. Camp’s article Franklin Roosevelt and the Forgotten History of the Earned Income Tax Credit is cited in the following article: Kathryn Kisska-Schulze & Rodney P. Mock, The Robotic Revolution: A Tax Policy Collision Course, 93 Temp. L. Rev. 301 (2021).

3. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds is cited in the following article: Kathryn Kisska-Schulze & Rodney P. Mock, The Robotic Revolution: A Tax Policy Collision Course, 93 Temp. L. Rev. 301 (2021).

4. 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: Madeline Marguerite Byers, Houston, We Have a Gentrification Problem: The Gentrification Effects of Local Environmental Improvement Plans in the City of Houston, 7 Tex. A&M J. Prop. L. 163 (2021).

5. Prof. Benham’s article Foundational and Contemporary Court Confidentiality is cited in the following article: Pamela K. Bookman, Arbitral Courts, 61 Va. H. Int’l L. 161 (2021).

6. Prof. Murphy’s book Administrative law and practice is cited in the following article: William A. Ballentine, Discussing Privacy in sec Subpoena Practice After Carpenter v. United States, 95 Chi.-Kent L. Rev. 721 (2020).

7. Prof. Chiappinelli’s book Cases and Materials on Business Entities is cited in the following article: Sorin Borlodan, Conceptualizing Shareholder Limited Liability in Corporations: Breaches Derived from Broadly Construed Doctrinal Exceptions, 4 Wayne St. U. J. Bus. L. 1 (2021).

8. Prof. Watt’s article Tyranny by Proxy: State Action and the Private Use of Deadly Force is cited in the following article: Osagie K. Obasogie & Anna Zaret, Medical Professionals, Excessive Force, and the Fourth Amendment, 109 Calif. L. Rev. 1 (2021).

9. Prof. Rosen’s article Civilian Courts and the Military Justice System: Collateral Review of Courts-Martial is cited in the following article: Clara D. Crenshaw, Habeas Review of Courts-Martial: Revisiting the Burns Standard, 99 Tex. L. Rev. 787 (2021).

10. Prof. Casto’s article The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth is cited in the following article: Scott Ingram, “Constitutional Inquisitors:” The Pragmatic Roots of Federal Prosecutorial Power, 14 Tenn. J. L. & Pol’y 199 (2020).

11. Prof. Rosen’s article Disciplinary Sanctions Against Prosecutors for Discovery Violations: A Paper Tiger is cited in the following article: Scott Ingram, “Constitutional Inquisitors:” The Pragmatic Roots of Federal Prosecutorial Power, 14 Tenn. J. L. & Pol’y 199 (2020).

12. Prof. Beyer’s article Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns is cited in § 2:4 of the Texas Practice Series (April 2021 Update).

13. Prof. Beyer’s article Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? is cited in the following article: Caitlin Henderson, Heirs Property in Georgia: Common Issues, Current State of the Law, and Further Solutions, 55 Ga. L. Rev. 875 (2021).

14. Prof. Murphy’s book Administrative law and practice is cited in the following article: Emily Carden Snow, Judicial Review in Expedited Removal Proceedings: Applying Sims. Apfel to Assess the Role of Issue Exhaustion, 55 Ga. L. Rev. 847 (2021).

15. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds is cited in the following article: Rebecca N. Morrow, Taxing Employers for Imposing Mandatory Arbitration, Class Action Waiver, and Nondisclosure of Dispute Provisions, 74 SMU L. Rev. 59 (2021).

16. Prof. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion is cited in the following article: Ronald J. Krotoszynski, Against Congressional Case Snatching, 62 Wm. & Mary L. Rev. 791 (2021).

17. Prof. Camp’s article Is the Individual Mandate Really Mandatory? is cited in the following article: Jordan M. Barry, John William Hatfield, & Scott Duke Kominers, To Thine Own Self Be True? Incentive Problems in Personalized Law, 62 Wm. & Mary L. Rev. 723 (2021).

18. Prof. Shannon’s article The Revised NCAA Division I Governance Structure After Three Years: A Scorecard is cited in the following article: Kathryn Kisska-Schulze & Adam Epstein, Changing the Face of College Sports One Tax Return at a Time, 73 Okla. L. Rev. 457 (2021).

19. Prof. Watt’s article Tyranny by Proxy: State Action and the Private Use of Deadly Force is cited in the following article: Polatip Subanajouy, Deus Ex Regula: A Specific Theory of the Nondelegation Doctrine in Light of Gundy v. United States, 53 UIC J. Marshall L. Rev. 1047 (2021).

20. Prof. Murphy’s book Administrative law and practice is cited in the following article: Alana K. Bevan, The Fundamental Inadequacy of Tribe-Agency Consultation on Major Federal Infrastructure Projects, 6 U. Pa. J. L. & Pub. Aff. 561 (2021).

21. Prof. Gossett’s articles If Charity Begins At Home, Why Do We Go Searching Abroad? Why The Federal Adoption Tax Credit Should Not Subsidize International Adoptions and Take Off the [Color] Blinders: How Ignoring the Hague Convention’s Subsidiarity Principle Furthers Structural Racism Against Black American Children are cited in the following article: Marcia Zug, ICWA’s Irony, 45 Am. Indian L. Rev. 1 (2021).

22. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited in the following article: Dr. Sari Graben, Law and Technology in Legal Education: A Systemic Approach at Ryerson, 58 Osgoode Hall L. J. 139 (2021).

Quotes

1.  Prof. Sutton is quoted in the following article: Brooke Curley, Search is on For Three Apache Scouts Hung in 1882, Eastern Arizona Courier, (April 2, 2021) available at: https://www.eacourier.com/news/search-is-on-for-three-apache-scouts-hung-in-1882/article_df4d24ea-91c2-11eb-9235-e799d22797ee.html#:~:text=1%20of%203-,Ramon%20Riley%2C%20culture%20resource%20director%20for%20the%20Fort%20Apache%20Museum,the%20U.S.%20Army%20in%201882.&text=Eastern%20Arizona%20Courier-,Nichole%20Cosen%20is%20the%20great%20granddaughter%20of%20Dandy%20Jim%2C%20an,from%20the%20Fort%20Grant%20cemetery.

2. Prof. James is quoted in the following article: Jasper Sherer, Orthodox Jewish congregation sues city of Houston over enforcement of deed restriction¸ Houston Chronicle, (April 1, 2021; 9:16p) available at: https://www.houstonchronicle.com/news/houston-texas/religion/article/Orthodox-Jewish-congregation-sues-city-of-Houston-16070168.php

3. Prof. Beyer is quoted in the following article: Ryan Felton, How an Obscure Industry Makes Money Off the Dead, Consumer Reports, (April 15, 2021) available at: https://www.consumerreports.org/predatory-lending/how-an-obscure-industry-makes-money-off-the-dead/

4. Prof. Rosen is quoted in the following article: Shannon Najmabadi, Lubbock voters will decide Saturday if the West Texas city will become the largest “sanctuary city for the unborn”, The Texas Tribune, (April 28, 2021; 5:00a) available at: https://www.texastribune.org/2021/04/28/lubbock-texas-abortion-election/

News

1. On April 9, 2021, Prof. Gerry W. Beyer was the speaker at a virtual meeting of the Estate Planning & Probate Section of the Collin County Bar Association. His presentation and accompanying article were entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice.

2. On April 16th, Prof. Dustin Benham spoke at Elon University’s virtual event intended to begin a national conversation for first-generation law students.

3.On April 23, 2021, Prof. Gerry W. Beyer was an invited speaker at the 40th Kansas City Estate Planning Symposium. To a virtual audience of over 550 attorneys and other estate planning professionals, Prof. Beyer presented his paper entitled Don’t Get Lost In Cyberspace: How to Plan for and Administer Digital Assets.

4. Professor Baker was invited to provide the “LAW Talk” at the Southwestern Association of Law Libraries Annual Conference on Thursday, April 22, 2021. Her talk focused on stewardship in the profession and provided examples related to statistics/benchmarking, vendor relations, legal research ethics, and diversity/equity/inclusion related to law librarian status in the legal academy. 

5. On April 27, 2021, Prof. Gerry W. Beyer was the speaker for a virtual meeting of the Probate, Trusts, & Estates Section of the Dallas Bar Association. To an audience of over 225 attorneys, Prof. Beyer presented his article entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice.

April 2021 New Books

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

ADMINISTRATIVE LAW

1. Cass R. Sunstein and Adrian Vermeule, Law & Leviathan:  Redeeming the Administrative State (2020).

ADMIRALTY

2. Tomas Heidar, New Knowledge and Changing Circumstances in the Law of the Sea (2020).

ARTIFICIAL INTELLIGENCE LAW

3. Frank Pasquale, New Laws of Robotics:  Defending Human Expertise in the Age of AI (2020).

COMMERCIAL LAW

4. Lilian Edwards, Burkhard Schafer and Edina Harbinja, eds., Future Law:  Emerging Technology, Regulation and Ethics (2020).

COMMUNICATIONS LAW

5. Marc Goodman, Future Crimes:  Inside the Digital Underground and the Battle for Our Connected World (2016).

CONSTITUTIONAL LAW, GENERALLY

6. Meghan J. Ryan and William W. Berry III, eds., The Eighth Amendment and Its Future in a New Age of Punishment (2020).

CONTRACTS

7. Edward Yorio and Steve Thel, Contract Enforcement:  Specific Performance and Injunctions (2011).

DISPUTE RESOLUTION

8. Deirdre McCarthy Gallagher, Richard Miles, and Jerrilynne Purdy, Alternative Dispute Resolution in the Regulatory Process (2020).

ENVIRONMENTAL LAW

9. Kirk W. Junker, ed., Environmental Law Across Cultures Comparisons  for Legal Practice (2020).

10. Brian Craig, Stringfellow Acid Pits:  The Toxic and Legal Legacy (2020).

EVIDENCE

11. Judge Xavier Rodriguez, ed., Essentials of E-Discovery (2021).

FIRST AMENDMENT

12. Michael D. Breidenbach, and Owen Anderson, eds., The Cambridge Companion to the First Amendment and Religious Liberty (2020).

GUN CONTROL LAW

13. Ian Ayres and Fredrick E. Vars, Weapon of Choice:  Fighting Gun Violence While Respecting Gun Rights (2020).

HEALTH LAW AND POLICY

14. Andrea Boggio, Cesare P.R. Romano, and Jessica Almqvist, eds., Human Germline Genome Modification and the Right to Science:  A Comparative Study of National Laws and Policies (2020).

15. Alan J. Morrison, Biotechnology Law:  A Primer for Scientists (2020).

16. Stephen Dycus, and Eugene R. Fidell, eds., COVID-19:  The Legal Challenges (2021).

IMMIGRATION LAW

17. Charles Wheeler, ed., Immigration Law and the Family:  A Practical Guide to Family-Sponsored Immigration (2020).

INTELLECTUAL PROPERTY LAW

18. Paul Heald, Copy This Book!:  What Data Tells Us About Copyright and the Public Good (2021).

JUDGES

19. Edward A. Purcell Jr., Antonin Scalia and American Constitutionalism:  The Historical Significance of a Judicial Icon (2020).

20. Lazaro Lima, Being Brown:  Sonia Sotomayor and the Latino Question (2019).

LEGAL EDUCATION

21. Bruce A. Kimball and Daniel R. Coquillette, The Intellectual Sword:  Harvard Law School, the Second Century (2020).

22. Kim O’Leary, Jeanette Buttrey, and Joni Larson, Improving Student Learning in the Doctrinal Law School Classroom:  Skills and Assessment (2020).

23. Marc A. Silverman, The Gunner’s Guide to Law School (2020).

24. Catrina Denvir, ed., Modernising Legal Education (2020).

25. Hoang Vu Tran, Race, Law, and Higher Education in the Colorblind Era:  Critical Investigations Into Race-Related Supreme Court Disputes (2020).

26. Primary Research Group, Survey of Law School Faculty & Staff:  Trends in Funding for Legal Research & Scholarship (2020).

PRACTICE AND PROCEDURE

27. Daniel I. Small, Preparing Witnesses:  A Practical Guide for Lawyers and Their Clients (2020).

REPRODUCTION

28. Zakiya Luna, Reproductive Rights as Human Rights:  Women of Color and the Fight for Reproductive Justice (2020).

SUPREME COURT OF THE UNITED STATES

29. Michael P. Fix and  Benjamin J. Kassow, US Supreme Court Doctrine in the State High Courts (2020).

WATER LAW

30. Yoshifumi Tanaka, The South China Sea Arbitration:  Toward an International Legal Order in the Oceans (2019).

31. Gabor Baranyai, European Water Law and Hydropolitics:  An Inquiry Into the Resilience of Transboundary Water Governance in the European Union (2020).

All of these books 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.  Library staff will be able to assist in locating and checking out any of these items.

March 2021 Law Faculty Publications & News

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, 2021.

Articles, Essays, and Reviews

1. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., Mar./Apr. 2021, at 32.

2. 13, 14, & 15, Gerry W. Beyer, West’s Texas Forms – Real Property (2nd ed. 2021 Supp.).

3. Cathrine Martin Christopher, Error Correction Mechanisms for Transactional Script Smart Contracts, 69 U. Kan. L. Rev. 493 (2021).

4. Richard W. Murphy, Four Opinions on Access to the Courts from the Supreme Court’s 2019-20 Term, 46-WTR Admin & Reg. L. News 22 (2021).

Op-Eds

1. Prof Loewy, It’s Debatable: Are ERCOT power companies liable in aftermath of a storm, Lubbock Avalanche-Journal (March 7, 2021; 4:26a) https://www.lubbockonline.com/story/opinion/2021/03/07/its-debatable-ercot-and-texas-power-companies-criminally-liable/4581435001/  

Citations

1. Prof. Murphy’s book Tax Havens: How Globalization Really Works is cited in the following article: Rifat Azam, Online Taxation Post Wayfair, 51 N.M. L. Rev. 116 (2021).

2. Prof. Murphy’s book Administrative Law & Practice is cited in the following article: Shalev Roisman, Presidential Law, 105 Minn. L. Rev. 1269 (2021).

3. Prof. Myhra’s article The Pharmacist’s Duty to Warn in Texas is cited in the following article: Tanya E. Karwaki, Establishing A Patient-Pharmacist Relationship: Clarifying Duties and Improving Patient Care, 72 Baylor L. Rev. 507 (2020).

4. Prof. Loewy’s article Distinguishing Speech from Conduct is cited in the following article: R. George Wright, A Variable Number of Cheers for Viewpoint-Based Regulations of Speech, 96 Notre Dame L. Rev. Reflection 82 (2021).

5. Prof. Beyer’s book Real Estate Transactions is cited in the following article: Maureen E. Brady, Turning Neighbors into Nuisances, 135 Harv. L. Rev. 1610 (2021).

6. Prof. Casto’s article The Origins of Federal Admiralty Jurisdiction in an Age of Privateers, Smugglers, and Pirates is cited in the following article: Steven R. Wilf, Joseph’s Story’s Republics In A Minor Key: Dark Times And The Astonishing Relevance of Kent Newmyer, 52 Conn. L. Rev. 1281 (2021).

7. Prof. Camp’s article What Good is the National Taxpayer Advocate? is cited in the following article: Danshera Wetherington Cords, Nina E. Olson: A Legislative Legacy, 18 Pitt. Tax Rev. 139 (2020).

8. Prof. Camp’s article Tax Administration as Inquisitorial Process and the Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998 is cited in the following article: Joshua D. Blank & Leigh Osofsky, Automated Legal Guidance, 106 Cornell L. Rev. 179 (2020).

9. Prof. Murphy’s article The Evolution of Law and Policy for CIA Targeted Killing is cited in the following article: Jason Hodge, The Legal Challenges in Using Targeted Killing to Fight the War on Terror, 7 Homeland & Nat’l Security L. Rev. 48 (2021).

10. Prof. Murphy’s article Public Participation without a Public: The Challenger for Administrative Policymaking is cited in the following article: Michael Sant’Ambrogio & Glen Staszewski, Democratizing Rule Development, 98 Wash U. L. Rev. 793 (2021).

11. Prof. Casto’s article The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth is cited in the following article: D.A. Jeremy Telman, John Marshall’s Constitution: Methodological Pluralism and Second-Order Ipse Dixit in Constitutional Adjudication, 24 Lewis & Clark L. Rev. 1151 (2020).

12. Prof. Gonzalez’s article A Pot of Gold at the End of the Rainbow: An Economic Incentives-Based Approach to OSHA Whistleblowing is cited in the following article: Tyler L. Jones, Two For Flinching: The Duplicative Litigation of Railroad Whistleblower Claims, 47 Transp. L. J. 1 (2020).

13. Prof. Camp’s article Form Over Substance in Fifth Circuit Tax Cases is cited in the following article: Nathalie Martin & Lydia Pizzonia, Shadow Credit and the Devolution of Consumer Credit Regulation, 24 Lewis & Clark L. Rev. 1439 (2020).

14. Prof. Rosen’s article America’s Professional Military Ethic and the Treatment of Captured Enemy Combatants in the Global War on Terror is cited in the following article: Francis Grimal & Michael J. Pollard, The Duty to Take Precautions in Hostilities, and the Disobeying Of Orders: Should Robots Refuse? 44 Fordham Int’l L.J. 671 (2021).

15. Prof. Murphy’s book Federal Practice and Procedure is cited in the following article: Ellen S. Podgor, The Dichotomy Between Overcriminalization and Underregulation, 70 Am. U. L. Rev. 1061 (2021).

16. Prof. Christopher’s article Normalizing Struggle is cited in the following article: Megan Bess, Grit, Growth Mindset, and the Path to Successful Lawyering, 89 UMKC L. Rev. 493 (2021).

17. Prof. Huffman & Prof. Rosen’s book Military Law: Criminal Justice & Administrative Process is cited in the following article: James M. Brennan, Incident to Service: The Feres Doctrine and the Uniform Code of Military Justice, 81 A.F. L. Rev. 240 (2020).

18. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Nikol Oydanich, Chief Justice Roberts’s Hard Look Review, 89 Fordham L. Rev. 1635 (2021).

19. Prof. Spain’s article Alternative Dispute Resolution for the Poor: Is It an Alternative? is cited in the following article: Tom Lininger, Judges’ Ethical Duties to Ensure Fair Treatment of Indigent Parties, 89 Fordham L. Rev. 1237 (2021).

20. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in the following article: Megan Wishmeier Shaner, Privately Ordered Fiduciaries, 28 George Mason L. Rev. 1 (2020).

Quotes

1.  Prof. Camp is quoted in the following article: Why S Corporation Payments Are Almost Always Wages, 2021 Law360 89-96, (March 30, 2021; 4:49p), available at https://www.law360.com/articles/1369984/why-s-corporation-payments-are-almost-always-wages

News

1. Prof. Gerry W. Beyer was unanimously reelected to a three-year term as a Regent of the American College of Trust and Estate Council (ACTEC) on March 2, 2021. ACTEC is a nonprofit association of over 2,500 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. ACTEC is governed by 39 Fellows who serve on its Board of Regents.

2. On March 5, 2021, Prof. Gerry W. Beyer presented a webinar for the American Law Institute Continuing Legal Education organization titled What Estate Planners Need to Know about Community Property.

3. On March 4, 2021, Prof. Gerry W. Beyer spoke for DC Bar Communities. His presentation and accompanying article were titled Cyber Estate Planning and Administration. He was asked to speak on this topic because DC recently enacted the Revised Uniform Fiduciary Access to Digital Assets Act effective on February 12, 2021.

4. On March 23, 2021, Prof. Gerry W. Beyer was the featured speaker at the monthly meeting of the Estate Planning Council of Central Texas. Presenting via Zoom to approximately 100 professionals from the Austin and Waco area, Prof. Beyer’s topic was Anticipating Will Contests and How to Avoid Them. His article with the same title was distributed to the attendees.

5. Prof. Gerry W. Beyer spoke at the Spring Judicial Education Session on March 26, 2021, sponsored by the Texas Association of Counties. Prof. Beyer spoke about determination of heirships and intestate property distribution to an audience of over 100 Texas Constitutional County Court judges.

February 2021 Law Faculty Publications & News

Throughout the month of February, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for February 1st to February 28th, 2021.

Articles, Essays, and Reviews

1. 12, 12A, & 12B, Gerry W. Beyer, West’s Texas Forms – Administration of Decedents’ Estates and Guardianships (4th ed. 2020-21 Supp.).

2. Gerry W. Beyer, Potpourri, 59-1 Real Est., Prob., & Tr. L. Rep., at 4 (2021).

3. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 59-1 Real Est., Prob., & Tr. L. Rep., at 5 (2021).

4. Gerry W. Beyer, An Estate Planner’s Guide to Specific Testamentary Gifts, 59-1 Real Est., Prob., & Tr. L. Rep, at 41 (2021).

5. Arnold H. Loewy, The Strange Case of Timothy Hennis: How Should It Be Resolved, 53 Tex. Tech L. Rev. 1 (2020).

Op-Eds

1. Prof Loewy, It’s Debatable: Have Social Media Giants Violated Trump’s Free Speech Rights? Lubbock Avalanche-Journal (February 7, 2021; 4:39a) https://www.lubbockonline.com/story/opinion/2021/02/07/should-former-president-trump-held-accountable-virus-deaths/4393058001/

2. Prof Loewy, It’s Debatable: Should Trump Be Held Accountable for COVID Deaths?, Lubbock Avalanche-Journal (February 21, 2021; 3:47a) https://www.lubbockonline.com/story/opinion/2021/02/21/its-debatable-social-media-giants-and-censorship-former-president/6769798002/

Citations

1. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Kristen E. Hickman & Aaron L. Nielson, Narrowing Chevron’s Domain, 70 Duke L.J. 931 (2021).

2. Prof. Murphy’s article Punitive Damages, Explanatory Verdict, and the Hard Look is cited in § 8:8 of Federal Jury Practice And Instructions (February 2021 Update).

3. Prof. Casto’s article The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth is cited in the following article: Aziz Z. Huq, Why Judicial Independence Fails, 115 Nw. U. L. Rev. 1055 (2021).

4. Prof. Beyer’s article Videotape and the Probate Process: The Nexus Grows is cited in the following article: Anna C. Borea, The Videotaped Will: How the Connecticut Probate Court System Could Benefit From Legislation Validating a Video-Recorded Will, 34 Quinnipiac Prob. L.J. 78 (2020).

5. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State is cited in § 2:13 of the Administrative Law And Practice (February 2021 Update).

6. Prof. Beyer’s article Electronic Wills: What Estate Planners Need to Know is cited in the following article: Naman Anand & Dikshi Arora, Where There Is A Will, There Is No Way: COVID 19 And A Case For the Recognition of E-Wills In India and Other Common Law Jurisdictions, 27 ILSA J Int’l & Comp L 77 (2020).

7. Prof. Henry’s article Chapter 11 Zombies, is cited in the following article: Stephen J. Lubben, Fairness and Flexibility: Understanding Corporate Bankruptcy’s Arc, 23 U. Pa. J. Bus. L. 132 (2020).

8. Prof. Henry’s article Paying-To-Play in Chapter 11 is cited in the following article: Robert W. Miller, A Comprehensive Framework for Conflict Preemption in Federal Insolvency Proceedings, 123 W. Va. L. Rev. 423(2020).

9. 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 the following article: Molly Soloway, Measuring Environmental Justice: Analysis of Progress under Presidents Bush, Obama, and Trump, 51 ELR 10038 (2021).

10. Prof. Casto’s article The Erie Doctrine and the Structure of Constitutional Revolutions is cited in the following article: Adam B. Sopko, Swift Removal, 13 Fed. Cts. L. Rev. 1 (2021).

11. Prof. Murphy’s article Judicial Deference, Agency Commitment, and Force of Law is cited in the following article: Kristin E. Hickman & David Hahn, Categorizing Chevron, 81 Ohio St. L. J. 611 (2020).

12. Prof. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State is cited in the following article: Kristin E. Hickman & David Hahn, Categorizing Chevron, 81 Ohio St. L. J. 611 (2020).

13. Prof. Murphy’s article The Limits of Legislative Control over the “Hard-Look” is cited in the following article: Bret Baker, Prometheus: Giving Life to Formal Retrospective Review through “Thin Rationality” Judicial Review, 81 Ohio St. L. J. 723 (2020).

14. Prof. Robert 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: Caroline Mala Corbin, The Unconstitutionality of Government Propaganda, 81 Ohio St. L. J. 815 (2020).

15. Prof. Camp’s article Dual Construction of RICO: The Road Not Taken in Reves is cited in the following article: Max Steinberg, Arbitrating with the Mafia: Why Civil RICO Statutes are Improperly Used and How Class Action Arbitration May Provide Just Compensation for Forgotten Victims, 22 Cardozo J. Conflict Resol. 97 (2020).

16. Prof. Black’s article Comparing Genuine and Simulated Suicide Notes: A New Perspective is cited in the following article: Jana J. Haikal, Suicide in the Evidentiary Spotlight: An Analysis of the Trustworthiness of Suicide Notes under the Federal Residual Exception, 62 B.C. L. Rev. 235 (2021).

17. 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 the following article: Mark Fenster, Populism and Transparency: The Political Core of an Administrative Norm, 89 U. Cin. L. Rev. 286 (2021).

18. Prof. Spain’s article The Opportunities and Challenges of Providing Equal Access to Justice in Rural Communities is cited in the following article: Maybell Romero, Rural Spaces, Communities of Color, and the Progressive Prosecutor, 110 J. Crim. L. & Criminology 803 2020).

19. Prof. Shannon’s article Incompetency to Be Executed: Continuing Ethical Challenges & Time for a Change in Texas is cited in the following article: Farid Seyyedi, When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With McCoy Defendants, 11 St. Mary’s J. Legal Mal. & Ethics 144 (2020).

20. Prof. Benham’s article Texas Courts: A Survey is cited in the following article: Daniel G. Esquivel, Punishing the Victim: Model Rule 1.16(A)(2) And Its Relation To Lawyers with Anxiety, Depression, and Bipolar Disorder, 11 St. Mary’s J. Legal Mal. & Ethics 108 (2020).

21. 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: Noah M. Sachs, Toxic Floodwaters: Strengthening the Chemical Safety Regime for the Climate Change Era, 46 Colum. J. Envtl. L. 73 (2020).

22. 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: Rose Mooney, We Still Have Lessons to Learn from Woburn, and Flint is a Good Place To Start, 96 Notre Dame L. Rev. 1319 (2021).

23. Prof. Casto’s article The Federal Courts’ Protective Jurisdiction over Torts Committed in Violation of the Law of Nations is cited in the following article: Gabe Cahn, Is the U.S. Government Violating the Safe Conducts of Noncitizens? How A Turn To Strict Originalism Could Revitalize The Alien Tort Statute, 42 Cardozo L. Rev. 389 (2020).

24. Prof. Watts’ article To Tell the Truth: A Qui Tam Action for Perjury in a Civil Proceeding is Necessary to Protect the Integrity of the Civil Judicial System is cited in the following article: Michael D. Moberly, Can A Nightingale Sing? Assessing The Need for a Nurse-Patient Privilege, 17 J. Heal & Biomedical L. 1 (2020).

25. Prof. Loewy’s article Distinguishing Speech from Conduct is cited in the following article: Mark P. Strasser, Those Are Fighting Words, Aren’t They? On Adding Injury to Insult, 71 Case W. Res. L. Rev. 249 (2020).

26. Prof. Murphy’s book Administrative Law and Practice is cited in the following article: John Patrick Hunt, Bankruptcy as Consumer Protection: The Case of Student Loans, 52 Ariz. St. L. J. 1167 (2020).

News

1.  On January 29, 2021, Prof. Gerry W. Beyer spoke at the 50th Anniversary of the Estate Planning Forum sponsored by the Sacramento Estate Planning Council. Prof. Beyer presented two of his papers: Cyber Estate Planning and Administration and Unusual Will Provisions and Enforcement Issues to an audience of approximately 125 Zoom attendees.

2. Prof. Gerry W. Beyer presented a virtual CLE program for the Tarrant County Probate Bar Association on February 4, 2021 to an audience of over 150 attorneys. His presentation and accompanying article were titled Case Law Update: Intestacy, Wills, Probate, and Trusts.

3. On February 18, 2021, Prof. Gerry W. Beyer was the in-person guest speaker at the February meeting of the South Plains Trust & Estate Council in Lubbock. His presentation and accompanying article were titled What Do You Desire? Will Bequests—A Person’s Last Chance to Be Creative.

4. On February 28, 2021, Prof. Gerry W. Beyer was the guest speaker for the Treasure Coast Exotic Bird Club based in Florida. His presentation and accompanying article were titled What If Your Parrot Outlives You? Preparing for Your Parrot’s Future.

5. On February 26, 2021, Prof. Gerry W. Beyer was a speaker at the 13th Annual Estate Planning & Community Property Law Journal CLE & Expo. His presentation and accompanying article were titled Case Law Update: Intestacy, Wills, Probate, and Trusts.