Category: Law Library

Throughout the month of May, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for June 1st to June 30th, 2022.

Quotes

Citations

1. Prof. Bryan T. Camp’s article The Play’s The Thing: A Theory of Taxing Virtual Worlds, was cited in the following article: Seldon A. Evans, Pandora’s Box, 90 Geo. Wash. L. Rev. 376 (2022).
2. Prof. Gerry W. Beyer’s article Leona Helmsley’s Will-A Detailed Analysis, was cited in the following article: William A. Drennan, Restricting Funeral Expense Deductions, 126 Dick. L. Rev. 429 (2022).
3. Prof. Jarod S. Gonzalez’s review The New Batson: Opening the Door of the Jury Deliberation Room after Pena-Rodriguez v. Colorado was cited in the following article: Daniel S. Harawa, The False Promise of Pena-Rodriguez, 109 Calif. L. Rev. 2121 (2021).
4. Prof. Richard W. Murphy’s review Due Process and Judicial Review of Government Kill Lists was cited in the following article: The “Bedrock Principle” That Wasn’t: Alliance for Open Society II and the Future of the Noncitizens’ Extraterritorial Constitution, 53 Colum. Hum. Rts. L. Rev. 345 (2021).
5. Prof. Richard W. Murphy’s review Abandon Chevron and Modernize Stare Decisis for the Administrative State, was cited in the following article: Amy Semet, Statutory Interpretation and Chevron Deference in the Appellate Courts: An Empirical Analysis, 12 UC Irvine L. Rev. 621 (2022).
6. Prof. Brie D. Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid: A Story of Unfettered Secrecy, Toxicology, and the Resulting Public Health Implications of Natural Gas Development is cited in the following article: Trevor Gruwell, Promoting Industry Transparency in the Field of Hydraulic Fracturing to Facilitate Equitable Balancing of Economic Interests and Public Health, 10 LSU J. of Energy L. & Resources 119 (2022).
7. Prof. Gerry W. Beyer’s article Rule Against Perpetuities, is cited in the following article: Nancy Shurtz, Estate Planning Articles of Interest, 49 Est. Plan. 30 (2022).
8. Prof. Richard D. Rosen’s article Funding Non-Traditional Military Operations: The Alluring Myth of a Presidential Power of the Purse, is quoted in the following article: Edward A. Fitzgerald, Sierra Club v. Trump, California v. Trump: Border Wall Funding Knocked Down, 12 Ariz. J. Envtl. L. & Pol’y 179 (2022).
9. Prof. Gerry W. Beyer’s review Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns was cited in Robert P. Schuwerk & Lillian B. Hardwick’s section of 48 Tex. Prac., Tex. Lawyer & Jud. Ethics sec. 2:4 (2022 ed.).
10. Prof. Eric W. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro was cited in the following article: Megan M. La Belle, Personal Jurisdiction and the Fairness Factor(s), Emory L. J. 72 (2022).
11. Prof. Eric. W. Chiappinelli’s article How Delaware’s Corporate Law Monopoly Was Nearly Destroyed, was cited in the following article: Kiran Nasir Gore, Delaware as a Next Generation Hub for International Arbitration Practice: Building the Case for the First State, Beaumontm Flouchard & Brodlija, International Commercial Arbitration: Quo Vadis? (Kluwer 2022).
12. Prof. William R. Castro’s commentary An Orthodox View of the Two-Tier Analysis of Congressional Control over Federal Jurisdiction was cited in the following article: Charles M. Yablon, Inherent Judicial Authority: A Study in Creative Ambiguity, Cardozo L. Rev. 1035 (2022).
13. Prof. Robert T. Sherwin’s article Evidence? We Don’t Need No Stickin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens TO De-Fang a Popular Weapon Against Frivolous Litigation was cited in the following publication: Barker & Kent, New Appleman Insurance Bad Faith Litigation, Second Edition §  8.20 (Matthew Bender, Rev. Ed.)
14. Prof. Richard Murphy’s publication Administrative Law and Practice sec. 12:21 was cited in the following publication: Medicare & Medicaid Guide P. (2022).
15. Prof. Nancy J. Soonpaa’s article Stress in Law Students was cited in the following article: Christopher L Mathis, An Access and Equity Ranking of Public Law Schools, Rutgers U. L. Rev. 667 (2022).
16. Prof. Dustin B. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing was cited in the following article: David M. Wilson & Stephanie W. Schmidt, Keeping Secrets: The Practical, Legal, and Ethical Implications of Maintaining Confidentiality in Discovery, 16 No. 4 In-House Def. Q. 26 (2021).
17. Prof. Richard W. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State was cited in the following article: Ronald M. Levin, The APA and the Assault on Deference, 106 Minn. L. Rev. 125 (2021).
18. Prof. William R. Castro’s article The Tort Liability of Insane Persons for Negligence: A Critique was cited in the following publication: Restatement (3d) of Torts: Liability for Physical Harm sec. 11 (2022).
19. Prof. Brian Shannon was cited in the Texas AOT Practitioner’s Guide (2022).
20. Prof. Gerry W. Beyer & Claire G. Hargrove’s article Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? Was cited in the following article: David Horton, Revoking Wills, Notre Dame L. Rev. 563 (2022).
21. Prof. Catherine M. Christopher’s article The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking Bitcoin, and the Blockchain was cited in the following article: Casey W. Baker, Thomas Norton, & Ralph E. McKinney, U.S. State Taxation of Cryptocurrency-Involved Transactions: Trends and Considerations for Policy Makers, 75 Tax Law. 601 (2022).
22. Prof. Gerry W. Beyer’s articles Statutory Fill-in-the Blank Will Forms—the First Decade: Theoretical Constructs and Empirical Findings & Statutory Will Methodologies—Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexisentence? Were cited in the following publication: Restatement (Third) of Property: Wills and Other Donative Transfers sec. 3.1 Attested Wills (2022).
23. Prof. Victoria Sutton’s article Wind and Wisdom was cited in the following article: Angelique Eaglewoman, Wambdi A. Was’teWinyan, Trailblazing and Living a Purposeful Life in the Law: A Dakota Woman’s Reflections as a Law Professor, 51 Sw. L. Rev. 227 (2022).
24. Prof. Bryan T. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds was cited in the following article: David Elkins, A Scalar Conception of Tax Residence, 41 Va. Tax. Rev. 149 (2022).

1. Prof. Richard W. Murphy’s 3 Admin. L. & Prac. § 9:24 (3d ed 2019). was quoted in the following article: Jayanth K. Krishnan, Overstepping: U.S. Immigration Judges and the Power to Develop the Record, Wis. L. Rev. 57 (2022).
2. Prof. Richard W. Murphy’s 3 Admin. L. & Prac. § 9:24 (3d ed 2019) was quoted in the following article: Stephan E. Smith, Asking Too Much: The Ninth Circuit’s Erroneous Review of Social Security Disability Determinations, 26 Lewis & Clark L. Rev. 229 (2022).
3. Prof. Gerry W. Beyer’s article Leona Helmsley’s Will—A Detailed Analysis was quoted in the following article: William A. Drennan, Restricting Funeral Expense Deductions, 126 Dick. L. Rev. 429 (2022).

News

1. Prof. Gerry W. Beyer’s review The Double-Edged Sword of Hunting Heirs, was posted on JOTWELL, The Journal of Things We Like (Lots), on June 14, 2022. In this review, he critiques David Horton & Reid Kress Weisbord, Heir Hunting, 169 U. Pa. L. Rev. 383 (2021).
2. Sally M. Henry spoke at a Federal Bar Association webinar “Ripped From the Headlines: Hot Topics in Bankruptcy” on May 4, 2022.
3. On May 4 and 5, 2022, Prof. Gerry W. Beyer was in Galveston, Texas to serve as the featured presenter at the Texas Association of Counties’ Probate Academy. To an audience of Constitutional County Court judges and their clerks, Prof. Beyer made the following presentations:
   • Judicial Update: Appellate Court Decisions
   • Will Interpretation & Construction Issues
   • Handling Requests for Digital Assets, Cryptocurrency, and NFTs
   • Requirements of a Valid Texas Will
   • Intestate Succession: Who Gets What and Why?
   • Alternatives to Traditional Probates
   • Q&A with Professor Beyer

4. On May 10, 2022, Prof. Gerry W. Beyer was the guest speaker at two events in Las Vegas. First, at the breakfast meeting of the Southern Nevada Estate Planning Council, he presented his paper entitled Anticipating Will Contests and How to Avoid Them. At lunchtime, he presented his paper entitled Estate Planning in a Cyber World: Cryptocurrency, Non-Fungible Tokens, and E-mail as part of the Northern Trust Master Series.
5. On April 29, 2022, Prof. Gerry W. Beyer was an invited speaker at the 41st Annual Kansas City Estate Planning Symposium held in Overland Park, Kansas. Prof. Beyer presented two of his papers, What Estate Planners in Common Law Marital Property States Need to Know About Community Property and Avoiding the Estate Planning Blue Screen of Death With Competent and Ethical Practices, to an audience of over 500 estate planning attorneys and other professionals with over 200 attending in-person and 300 virtually.
6. On May 12, 2022, Prof. Gerry W. Beyer traveled to Odessa, Texas to serve as the luncheon speaker for the Midland-Odessa Business and Estate Council. His presentation and accompanying article were entitled Recent Developments from the Texas Courts.
7. On May 13, 2022, Prof. Gerry W. Beyer traveled to Amarillo, Texas where he was a featured speaker at the 30^th Annual Institute on Estate Planning sponsored by the Amarillo Area Estate Planning Council. His presentations and accompanying articles were entitled Estate Planning for Cyber Property and Recent Developments.
8. Prof. Brian Shannon was acknowledged in Executive Board Notes, 54 Tex. Tech L. Rev. I (2022).
9. Associate Dean Alyson Outenreath was acknowledged in Executive Board Notes, 54 Tex. Tech L. Rev. I (2022).
10. On May 17, 2022, Prof. Gerry W. Beyer spoke virtually for the Eugene (Oregon) Estate Planning Council. His topic and accompanying article were entitled Estate Planning in a Cyber World: Cryptocurrency, Non-Fungible Tokens, and E-mail.
11. Prof. William R. Castro was named as one of the Members Consultative Group of the Restatement (Third) of Unfair Competition Members (1993) updated in 2022.