November 2018 Law Faculty Publications & News

Throughout the month of November, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for November 1 to November 30, 2018.

Book Chapters

1. Alyson M. Drake, Foreign Law in SEXUAL ORIENTATION, GENDER IDENTITIES, AND THE LAW: A RESEARCH BIBLIOGRAPHY 2006-2016 (AALL 2018).

2. Alyson M. Drake, Comparative Law in SEXUAL ORIENTATION, GENDER IDENTITIES, AND THE LAW: A RESEARCH BIBLIOGRAPHY 2006-2016 (AALL 2018).

3. Alyson M. Drake, International Law in in SEXUAL ORIENTATION, GENDER IDENTITIES, AND THE LAW: A RESEARCH BIBLIOGRAPHY 2006-2016 (AALL 2018).

Articles

1. Gerry W. Beyer, Wills & Trusts, 4 SMU ANN. SURV. 451 (2018).

2. Gerry W. Beyer, Keeping Current—Probate, 32 PROB. & PROP. 25 (2018).

3. Gerry W. Beyer, The Will Execution Ceremony: Should it be in Pictures?, 45 EST. PLAN. 25 (2018).

4. Gerry W. Beyer & Katherine Peters, Sign on the [Electronic] Dotted Line: The Rise of the Electronic Will, WILLS, TRUSTS, & EST. L. EJOURNAL (2018).

Op-Ed

1. Arnold Loewy & Charles Moster, It’s Debatable: Did misguided allegiance to president spur attempted bomber to act?, LUBBOCK AVALANCHE-J. (Nov. 4, 2018 12:19 a.m.), http://www.lubbockonline.com/news/20181104/its-debatable-did-misguided-allegiance-to-president-spur-attempted-bomber-to-act.

2. Arnold Loewy & Charles Moster, It’s Debatable: Did misguided allegiance to president spur attempted bomber to act?, LUBBOCK AVALANCHE-J. (Nov. 17, 2018 10:08 p.m.), https://www.lubbockonline.com/news/20181117/its-debatable-how-has-trump-done-so-far-as-president.

Citations

1. Prof. Murphy’s article Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons is cited in the following article: Kathryn E. Kovacs, Rules About Rulemaking and the Rise of the Unitary Executive, 70 ADMIN. L. REV. 515 (2018).

2. 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, Rules About Rulemaking and the Rise of the Unitary Executive, 70 ADMIN. L. REV. 515 (2018).

3. Prof. Murphy’s article Enhancing the Role of Public Interest Organizations in Rulemaking via Pre-Notice Transparency is cited in the following article: Kathryn E. Kovacs, Rules About Rulemaking and the Rise of the Unitary Executive, 70 ADMIN. L. REV. 515 (2018).

4. Prof. Casto’s book FOREIGN AFFAIRS AND THE CONSTITUTION IN THE AGE OF FIGHTING SAIL is cited in the following article: David Golove, The American Founding and Global Justice: Hamiltonian and Jeffersonian Approaches, 57 VA. J. INT’L L. 621, 623 (2018).

5. Prof. Metze’s article Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial is cited in the following article: Chad G. Marzen, Inclusivity with Reciprocity: Permitting Law Teachers Outside of ABA-Accredited Law Schools Bar Admission Through Admission on Motion Rules, 43 U. DAYTON L. REV. 347 (2018).

6. Prof. Casto’s article Advising Presidents: Robert Jackson and the Destroyers-for-Bases Deal is cited in the following article: Harold Hongju Koh, Presidential Power to Terminate International Agreements, 128 YALE L.J. F. 432 (2018).

7. Professor Robert Sherwin’s article Clones, Thugs, ‘n (Eventual?) Harmony: Using the Federal Rules of Civil Procedure to Simulate a Statutory Defamation Defense and Make the World Safe from Copyright Bullies is cited in the following article: Lauren Gorab, A Fair Use to Remember: Restoring Application of the Fair Use Doctrine to Strengthen Copyright Law and Disarm Abusive Copyright Litigation, 87 FORDHAM L. REV. 703 (2018).

8. Prof. Beyer’s book FAT CATS & LUCKY DOGS: HOW TO LEAVE (SOME OF) YOUR ESTATE TO YOUR PET is cited in the following article: Thomas E. Simmons, A Will for Willa Cather, 83 MO. L. REV. 641, 642 (2018).

9. Prof. Loewy’s article Why Roe v. Wade Should Be Overruled is cited in the following article: Clarke D. Forsythe & Bradley N. Kehr, A Road Map Through the Supreme Court’s Back Alley, 33 ISSUES L. & MED. 175 (2018).

10. Prof. Rosen’s article The “Especially Heinous” Aggravating Circumstance in Capital Cases–The Standardless Standard is cited in the following article: Emily V. Shaw et. al., Intellectual Disability, the Death Penalty, and Jurors, 58 JURIMETRICS J. 437 (2018).

11. Prof. Chiappinelli’s article How Delaware’s Corporate Law Monopoly Was Nearly Destroyed is cited in the following article: Brandon Mordue, The Revlon Divergence: Evolution of Judicial Review of Merger Litigation, 12 VA. L. & BUS. REV. 531 (2018).

12. Prof. Casto’s book FOREIGN AFFAIRS AND THE CONSTITUTION IN THE AGE OF THE FIGHTING SAIL is cited in the following article: John Harrison, The Constitution and the Law of Nations, 106 GEO. L.J. 1659 (2018).

Quotes

1. Prof. Camp is quoted in the following article: Alan K. Ota, Democrats ponder IRS whistleblowers on Trump tax returns, 18 MLEX US TAX WATCH 5 (2018).

News

1. Dean Victoria Sutton’s short documentary Apache Kid, U.S. Army Scout, was selected for the First Nations Film and Video Festival that has a focus on Native American women directors. The festival ran from November 1st to November 9th in Chicago, IL. A complete list of the film’s many festival selections and awards is located here.

2. Professor Tracy Pearl is the recipient of the 2019 Chancellor’s Council Distinguished Research Award for Texas Tech University. Established in 2001, the Chancellor’s Council Distinguished Teaching and Research Awards are presented to individuals who exemplify teaching or research excellence throughout the year. These are the highest honors given by the Texas Tech University System to faculty members at its component institutions. Winners of these awards have significantly advanced teaching or research efforts and are noted as leaders among colleagues and in their respective fields.

3. On November 2nd, Professor Gerry W. Beyer’s blog posting, Prince’s Estate Wants to Trademark the Color Purple, made Texas Bar Today’s list of top 10 blog posts for the week.

4. On November 2nd, Dean Victoria Sutton spoke at the first Health Law & Policy in Space Symposium at the University of Houston Law Center. Her talk centered upon biocontamination, human health, and planetary protection policy.

5. Also on November 2nd, Professor Brie Sherwin participated in a panel at Duke Law Environmental Law & Policy Forum’s Fall 2018 Symposium. The panel discussed the interactions between human health and climate change, policy tools needed to promote sustainable communities, and human resilience to pollution and climate change.

6. Professor Gerry W. Beyer’s blog, the Wills, Trusts, and Estates Prof Blog, is ranked #18 in all-time popularity, surpassing the SCOTUSblog for the first time ever. The ranking is out of the 4,479 blawgs monitored by Justia. His blog remains the #1 estate planning blog out of 245.

7. On November 14th, Professor Gerry W. Beyer was a speaker at the 39th Annual Inland Empire Estate Planning Seminar at the University of Redlands in Redlands, California. To a multi-disciplinary audience of over 110 attorneys, CPAs, trust officers, financial planners, and life insurance specialists, Prof. Beyer spoke about the interface between estate planning and weapon ownership and marijuana legalization in his presentation entitled Aiming High and Getting High: Estate Planning for Guns and Marijuana.

8. On November 16th, Professor DeLeith Gossett moderated a panel entitled “The Opioid Crisis: What Can Be Done for the Children” at the 2018 Silent Victims Conference at Duke University. The panel discussed the explosion in the number of children needing foster care due to the opioid crisis, as well as what the 1980’s drug epidemic can teach us about how best to help these children and their families.

9. Also on November 16th, Professor Brian Shannon moderated a panel entitled S.B. 1326, Competency Restoration Alternatives, Local Implementation, & a Look Ahead at the 2018 Texas Tech Mental Health Law Symposium.

9. The ABA Journal recently reaffirmed Professor Gerry W. Beyer’s blawg, The Wills, Trusts, & Estates Prof Blog, as a member of its Blawg 100 Hall of Fame.

10. Professor Gerry W. Beyer was the speaker at the November 27, 2018, meeting of the Probate, Trust, and Estates Section of the Houston Bar Association. His presentation and accompanying paper were entitled State Law Pitfalls: Don’t Step In It When Your Client Steps Across State Lines.

11. The State Bar of Texas recently informed Professor Gerry W. Beyer that his continuing legal education activities qualified him (for the thirty-second consecutive year) for membership in the State Bar College. The Texas Bar College is an honorary society of lawyers, chartered by the Supreme Court of Texas in 1981, to recognize and encourage lawyers who maintain and enhance their professional skills and the quality of their service to the public by completing at least double the required hours of continuing legal education each year.

January 2018 Law Faculty Publications & News

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

Books:

  1. GERRY W. BEYER, 19 & 19A WEST’S LEGAL FORMS – REAL ESTATE TRANSACTIONS (4th ed.) (2017-2018 Supplement).
  2. GERRY W. BEYER, TEXAS WILLS, TRUSTS, AND ESTATES (2018).

Articles:

  1. Gerry W. Beyer, Estate Planning and Probate Law, 81 Tex. B. J. 32 (2018).
  2. Gerry W. Beyer & Kerri G. Nipp, Practical Planning for Digital Assets and Administration of Digital Assets by Fiduciaries, 43 Tax Man. Est., Gifts & Tr. J. 3 (2018).
  3. Gerry W. Beyer, ed., Keeping Current—Probate, Prob. & Prop., Jan./Feb. 2018, at 32.* *The American Bar Association has appointed Prof. Beyer as the editor of this column for 25 consecutive years.
  4. Brian D. Shannon, The Revised NCAA Division I Governance Structure after Three Years: A Scorecard, 5 Tex. A&M L. Rev. 65 (2017).
  5. Rishi Batra, Resolving Civil Forfeiture Disputes, 66 U. Kan. L. Rev. 399 (2017).
  6. Gerry W. Beyer, Potpourri, REPTL Rep., 56-1, at 3 (2018).
  7. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, REPTL Rep., 56-1, at 4 (2018).
  8. Gerry W. Beyer, The Texas Revised Uniform Fiduciary Access to Digital Assets Act: A Primer for Estate Planners, REPTL Rep., 56-1, at 112 (2018).

Op-Ed:

  1. Arnold Loewy & Charles Moster, It’s Debatable: Was CNN’s pot party broadcast appropriate?, Lubbock Avalanche-J. (Jan. 12, 2018 09:45 pm), http://lubbockonline.com/opinion/opinion-columnists/2018-01-12/it-s-debatable-was-cnn-s-pot-party-broadcast-appropriate.
  2. Arnold Loewy & Charles Moster, It’s Debatable: Is our society in a state of decline?, Lubbock Avalanche-J. (Jan. 26, 2018 07:52 pm), http://lubbockonline.com/opinion/opinion-columnists/2018-01-26/it-s-debatable-our-society-state-decline.

Cited:

  1. Prof. Loewy’s article A Proposal for the Universal Collection of DNA is cited in the following article: Ric Simmons, The Mirage of Use Restrictions, 96 N.C.L. Rev. 133 (2017).
  2. Prof. Murphy’s article Enhancing the Role of Public Interest Organizations in Rulemaking Via Pre-Notice Transparency is cited in the following article: Daniel Boger, Pre-Enforcement Review: An Evaluation from the Perspective of Ripeness, 36 Va. Envtl. L.J. 77 (2018).
  3. Prof. Krahmer’s article Wire Transfers, Good Faith, and “Phishing” is cited in the following article: Robert T. Luttrell, III, The Relation Between Good Faith, Fair Dealing and Ordinary Care in Payment Law Cases Under UCC Articles 3, 4 and 4a, 71 Consumer Fin. L.Q. Rep. 42 (2017).
  4. Dean Nowlin’s article The Warren Court’s House Built on Sand: From Security in Persons, Houses, Papers, and Effects to Mere Reasonableness in Fourth Amendment Doctrine is cited in the following article: The Virtues of Heterogeneity, in Court Decisions and the Constitution, 131 Harv. L. Rev. 872 (2018).
  5. Prof. Casto and Val D. Ricks’s article “Dear Sister Antillico . . .”: The Story of Kirksey v. Kirksey is cited in the following article: Judith L. Maute, Race Politics, O’Hare Airport Expansion, and Promissory Estoppel: The More Things Change, the More They Stay the Same, 69 Hastings L.J. 119 (2017).
  6. Professors Huffman and Rosen’s book Military Law: Criminal Justice and Administrative Process is cited in the following article: Seth Michael Engel, Fostering A Safe Warfighting Environment: Applying Title IX and Student Discipline in Higher Education to the Military’s Fight Against Sexual Assault, 32 Wis. J.L. Gender & Soc’y 133 (2017).
  7. Prof. Arnold Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: David Gray, Collective Standing Under the Fourth Amendment, 55 Am. Crim. L. Rev. 77, 77 (2018).
  8. Prof. Arnold Loewy’s article The Warren Court as Defendant of State and Federal Criminal Laws: A Reply to Those Who Believe That the Court is Oblivious to the Needs of Law Enforcement is cited in the following article: Jeffrey D. Swartz, Esq., Terry v. Ohio at 50: What It Created, What It Has Meant, Is It Under Attack and Is the Court Opening the Door to Police Misconduct?, 38 N. Ill. U.L. Rev. 44, 45 (2017).

Quoted:

  1. Prof. Christopher is quoted extensively in the following article: Tyler Roberts, What it takes to pass today’s nasty bar exam, Nat’l Jurist, Winter 2018, at 21.
  2. Prof. Camp is quoted in the following article: Nathan J. Richman, Proposals Would Provide Tax Court Filing Deadline Solutions, 2018 TNT 21-7.

News:

  1. On January 5, 2018, Prof. Gerry W. Beyer was the speaker at the year’s first meeting of the Southern Nevada Estate Planning Council. His presentation and accompanying article were entitled How to Anticipate and Avoid Will Contests. Attending the meeting were many of Nevada’s most prestigious estate planning attorneys, CPAs, and other professionals who work in the estate planning area.
  2. Dean and Professor Victoria Sutton made the following presentations at the annual American Association of Law Schools conference in San Diego, CA, Jan. 2-6, 2018: On January 3, Professor Sutton gave two presentations. The first was on her selected paper at the Associate Deans Section Program, Distance Education in Law Schools: Exploring Issues and Best Practices. The second was entitled How I Changed a Regulation Using Social Sciences Research for the panel on Law and Social Sciences. She is the outgoing chair and member of the Executive Committee of the section. On January 6, Professor Sutton gave a presentation on DIY biology and regulation on the panel for Biolaw, Legal Challenges of Editing the Genome: Coming to Terms with CRISPR Technology. She was elected Chair of the Biolaw section.
  3. On January 18, 2018, Professor Beyer was the luncheon speaker for the South Plains Trust and Estate Council in Lubbock. His presentation and accompanying article were entitled Cyber Estate Planning and Administration.
  4. Paul Whitfield Horn Professor Brian Shannon presented at the Division I Issues Forum at the NCAA Annual Convention on January 18, 2018, in Indianapolis.
  5. Paul Whitfield Horn Professor Brian Shannon served on the dais as Parliamentarian at the NCAA Autonomy Conference Discussion Forum and NCAA Autonomy Business Session on January 18-19, 2018, in Indianapolis. This marked the fourth straight year that Shannon has served in this role.
  6. Professors from the Texas Tech System were awarded the Chancellors Council Distinguished Teaching and Research Awards on January 25. Seven university professors from five colleges were recognized for their excellence and received a $5,000 stipend and an engraved medallion. Recipients included TechLaw’s own Professor Wendy-Adele Humphrey.
  7. On January 24, 2018, Professor Gerry W. Beyer participated in the Osher Lifelong Learning Institute’s Kickoff Event at Texas Tech.  Out of the dozens of speakers slated to present for OLLI’s Spring 2018 program, he was one of five selected to discuss their upcoming presentations with the over 150 people in attendance at the event.  Prof. Beyer’s presentation, Don’t Let the Airlines Take You for a Ride – Know Your Flight Rights, is scheduled for April 10, 2018.
  8. The Real Estate, Probate, and Trust Law Council of the State Bar of Texas unanimously reappointed Professor Gerry W. Beyer as the Editor-in-Chief of the REPTL Reporter at its Winter Council meeting in Las Vegas, Nevada on January 27, 2018. The REPTL Reporter is the official publication of the section which is the largest section of the State Bar of Texas with over 9,400 members.
  9. Professor Gerry W. Beyer recently served as one of the judges of the Student Writing Competition sponsored by the Real Estate, Probate, and Trust Law Section of the State Bar of Texas.

October 2017 Law Faculty Publications & News

Throughout October 2017, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of daily alerts for October 1 to October 31, 2017.

Books:

  1. Gerry W. Beyer, BEYER’S TEXAS PROPERTY CODE ANNOTATED WITH RELATED TEXAS LAW (2017 ed.).
  2. Vaughn E. James, TEXAS ELDER LAW (2018 ed.).

Articles:

  1. M. Alexander Pearl & Kyle Velte, Indigenizing Equality, 35 Yale L. & Pol’y Rev. 461 (2017).
  2. William R. Casto, Advising Presidents: Private Advice vs. Public Advocacy, 43 Ohio N.U.L. Rev. 405 (2017).
  3. Gerry W. Beyer, Wills & Trusts, 3 SMU Ann. Tex. Surv. 465 (2017).
  4. Rishi Batra, Improving the Uniform Partition of Heirs Property Act, 24 Geo. Mason L. Rev. 743 (2017).
  5. Gerry W. Beyer, The Texas Revised Uniform Fiduciary Access to Digital Assets Act: A Primer for Estate Planners, Est. Plan. Dev. Tex. Prof., Oct. 2017, at 1, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3038052.
  6. Stephen T. Black, The Copyright Box Model, 41 Seattle U. L. Rev. 179 (2017).

Op-Ed:

  1. Arnold Loewy & Charles Moster, It’s Debatable: Was it appropriate for Trump to criticize players?, LUBBOCK AVALANCHE-J. (Oct. 13, 2017 08:56 pm).
  2. Arnold Loewy & Charles Moster, It’s Debatable: Commerce Clause: Worst court decision ever?, LUBBOCK AVALANCHE-J. (Oct. 27, 2017 08:57 pm).

Cited:

  1. Prof. Murphy’s work with Charles H. Koch, Jr. on ADMINISTRATIVE LAW & PRACTICE § 5:61 (3d ed. 2010) is cited in the following article: Rebecca Kunkel, Law Libraries and the Future of Public Access to Born-Digital Government Information, 109 Law Libr. J. 67 (2017).
  2. Prof. Camp’s article ‘Loving’ Return Preparation Regulation, 140 TXN 457 is cited in the following article: Dennis B. Drapkin, Some Recommendations for Revising Circular 230, 2017 TXN 41-39.
  3. Prof. Baker’s Ginger (Law) Librarian blog is cited in Best of the Legal Blogs, 22 No. 10 Internet L. Researcher NL 3 (October 2017).
  4. Prof. Murphy and Sidney A. Shapiro’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Robert L. Glicksman & Emily Hammond, Agency Behavior and Discretion on Remand, 32 J. Land Use & Envtl. L. 483 (2017).
  5. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of a Presidential Power of the Purse is cited in the following article: William R. Casto, Advising Presidents: Private Advice vs. Public Advocacy, 43 Ohio N.U.L. Rev. 405 (2017).
  6. Prof. Murphy’s article Richard Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: Stephanie Hunter McMahon, Pre-enforcement Litigation Needed for Taxing Procedures, 92 Wash. L. Rev. 1317 (2017).
  7. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: Stephanie Hunter McMahon, Pre-enforcement Litigation Needed for Taxing Procedures, 92 Wash. L. Rev. 1317 (2017).
  8. Prof. Sutton’s article Is There a Doctor (and a Lawyer) in the House? Why our Good Samaritan, Laws are Doing More Harm Than Good for a National Public Health Security Strategy: A Fifty-State Survey is cited in the following article: Corey S. Davis & Derek H. Carr, The Law and Policy of Opioids for Pain Management, Addiction Treatment, and Overdose Reversal, 14 Ind. Health L. Rev. 1 (2017).
  9. Prof. Camp’s article “Loving” Return Preparer Regulation (Doc 2013-14799) is cited in the following article: Dennis B. Drapkin, Some Recommendations for Revising Circular 230, 2017 TPR 42-1.
  10. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Russell M. Gold, “Clientless” Prosecutors, 51 Ga. L. Rev. 693 (2017).
  11. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Russell M. Gold, Carlissa Byrne Hessick, and F. Andrew Hessick, Civilizing Criminal Settlements, 97 B.U.L. Rev. 1607 (2017).
  12. Prof. Camp’s article The Retroactivity of Treasury Regulations: Paths to Finding Abuse of Discretion is cited in the following note: Leonard I. Greenberg, Phantom of the 50(d) Income, 97 B.U.L. Rev. 1843 (2017).

Quoted:

  1. Prof. Metze is quoted in the following newspaper article: Michael Cantu, Accused killer faces federal charges, LUBBOCK AVALANCHE-J. (Oct. 12, 2017), http://www.dailytoreador.com/news/accused-killer-now-faces-federal-charges/article_c271c444-af16-11e7-9ee9-2b38e55ad2c0.html.
  2. Prof. Huffman is quoted in the following newspaper article: John Sowell, Army Sgt. Bowe Bergdahl admits to desertion, doubted he could get a fair trial, Idaho Statesman (Oct. 16, 2017 08:37 am), http://www.idahostatesman.com/news/local/military/bowe-bergdahl/article179081226.html.
  3. Prof. Huffman is quoted in the following newspaper article: Jenny Jarvie, Sentencing to begin in Bowe Bergdahl’s court-martial, L.A. Times (Oct. 25, 2017 03:00 am), http://www.latimes.com/nation/la-na-bergdahl-sentencing-20171025-story.html.

News:

  1. On October 3, Professor Tracy Pearl participated in a public discussion on climate change and clean-energy solutions hosted by faculty members from the College of Media & Communication, the College of Arts & Sciences, the College of Agricultural Sciences & Natural Resources and the Honors College as part of a campus-wide dialogue series entitled “Civil Counterpoints.” Other participants included Katharine Hayhoe, professor in the Texas Tech Department of Political Science at and director of the Tech Climate Science Center; Michael Giberson, associate professor of practice in the Jerry S. Rawls College of Business Administration; and Tom Smith, director of special projects in the Texas Public Citizen’s office.
  2. On October 4, 2017, Professor Gerry W. Beyer spoke to a group non-attorneys in Honolulu about digital asset planning. His presentation, Have You Made Preparations to Protect Your Valuable “Digital Assets” in Case of Disability or Death was sponsored by 3D Wealth Advisors.
  3. On October 5, 2017, Professor Gerry W. Beyer was the speaker for the “Professional Advisor Continuing Education Series” presented by The University of Hawaii Foundation Office of Estate and Gift Planning in Honolulu, Hawaii.  His presentations and accompanying articles were entitled Cyber Estate Planning and Administration and Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.
  4. Professor Gerry W. Beyer was recently notified by the Texas Bar College that for the thirty-second consecutive year he has qualified for membership in the Texas Bar College in recognition of his speaking and attendance at continuing legal education programs.
  5. On October 16, 2017, Professor Gerry W. Beyer was a guest speaker for the Osher Lifelong Learning Institute in Fredericksburg, Texas. His presentation was entitled Do You Have Annoying Neighbors?, a lighthearted and informational look at property annoyances.
  6. On October 17, 2017, Professor Gerry W. Beyer was the featured speaker at a meeting of the San Antonio Estate Planners Council in San Antonio. To an audience of over 160 estate planning attorneys, CPAs, and financial planners, Prof. Beyer explained the Estate Planning Highlights of the 2017 Texas Legislature. Prof. Beyer authored a detailed article which accompanied his presentation.
  7. On October 19, 2017, Prof. Gerry W. Beyer served on a panel along with Ken Barczak (Fox, O’Neill & Shannon, S.C., Milwaukee, Wisconsin) and Prof. Sally Brown Richardson (Tulane Law School) to discuss the interface between digital property and community property at the Fall meeting of the American College of Probate Counsel’s Digital Property Committee in Nashville, Tennessee.
  8. On October 26, 2017, Prof. Gerry W. Beyer was a speaker at the Forty-Third Annual Notre Dame Tax and Estate Planning Institute in South Bend, Indiana. His presentation and accompanying paper were entitled Practical Planning for Digital Assets and Administration of Digital Assets by Fiduciaries.

Open Source Access to Scholarly Research

Legal Publishers and others are making it tough for law libraries to maintain many of their collections. For example, Since 1996 Thomson Reuters (West) has dramatically raised the prices of its print titles, both for new sets and, more significantly, for upkeep. Svengalis in his 2016 Legal Information Buyer’s Guide and Reference Manual, tracks 24 popular Thomson Reuter titles and provides a supplementation upkeep cost over a 21 year period, 1995-2015. The average price increase over the 21-year period was 779%. Svengalis also track 20 selective Lexis titles, which increased 299% over the same period. By comparison, the consumer price index rose only 58% during the same time.

With such dramatic increases by commercial publishers, open-source advocates are finding ways to combat the high cost of publications. Wikipedia defines open source access as “. . . online research outputs that are free of all restrictions on access . . . and free of many restrictions on use . . .” Two such entities include the Open Access Button and Unpaywall.

open access buttonBoth are open-source, nonprofit, and dedicated to improving free access to scholarly research. Both scour thousands of institutional repositories (like our ScHOLAR), preprint servers (i.e., SSRN), and other websites to see if an open-access copy of the article is available.

The Open Access Button (OAB) is a browser bookmarklet that is invoked when users hit articles behind a subscription-based site. The OAB will search open access sites for the piece. Both OAB and Unpaywall work similarly.

unpaywallHowever, unlike OAB, Unpaywall uses extensions, which are currently available for Chrome and Firefox. When an Unpaywall user lands on the preview page of a research article and will see either a green unlocked tab or a grey locked tab.  If the tab is green, he or she can click on that tab to view the PDF. See graphic below.

unpaywall in article

March 2017 Law Faculty Publications & News

Throughout March 2017, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for March 1, 2017 to March 31, 2017.

Published:

1. GERRY W. BEYER, 13, 15 WEST’S TEX. FORMS, REAL PROPERTY (2d ed. 2017).

2. Richard Murphy, Administrative Law and Practice, 2 ADMIN. L. & PRAC. § 5:18 (3d ed.). (Feb. 2017 Update).

Articles:

  1. Sally McDonald Henry, Chapter 11 Zombies, 50 Ind. L. Rev. 579 (2017).

Cited:

  1. Prof. Beyer’s article, When You Pass On, Don’t Leave the Passwords Behind: Planning for Digital Assets, was cited in the following article: Natalie M. Banta, Property Interests in Digital Assets: The Rise of Digital Feudalism, 38 Cardozo L. Rev. 1099 (2017).
  1. Prof. Beyer’s blog, Murderer’s Family Faces Court Battle Over Inheritance, was cited in the following article: Kelsey I. Cox, The Need for Reform: A Comprehensive Legislative Analysis of the Illinois “Slayer Statute”, 11 Charleston L. Rev. 119 (2017).
  1. Prof. Christopher’s article, Whack-A-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Money Laundering, was cited in the following article: Lawrence J. Trautman and Alvin C. Harrell, Bitcoin Versus Regulated Payment Systems: What Gives?, 38 Cardozo L. Rev. 1041 (2017).
  1. Prof. Camp’s article, The Mysteries of Erroneous Refunds, was cited in the following article: Allen D. Madison, The Legal Consequences of Noncompliance with Federal Tax Laws, 70 Tax Law. 367 (2016).
  1. Prof. Camp’s article, The Play’s the Thing: A Theory of Taxing Virtual Worlds, was cited in the following article: Adam B. Thimmesch, Transacting in Data: Tax, Privacy, and the New Economy, 94 Denv. L. Rev. 145 (2017).
  1. Prof. Camp’s article, Form over Substance in the Fifth Circuit was cited in the following article: Bret Wells, The Foreign Tax Credit War, 2016 B.Y.U. L. Rev. 1895 (2016).
  1. Prof. Murphy’s article, The Limits of Legislative Control Over the “Hard-Look”, was cited in the following article: D.A. Candeub, Tyranny and Administrative Law, 59 Ariz. L. Rev. 49 (2017).
  1. Prof. Murphy’s update on the Administrative Law & Practice treatise was cited in the following article: Sally Brown Richardson, Privacy and Community Property, 95 N.C. L. Rev. 729 (2017).
  1. Prof. Benham’s essay, Emerging Issues in Texas Dismissal Practice: Pleading Standards and Important Miscellany, was cited in the following comment: George Hayek, TRCP 91a: Resolving the Confusion, 54 Hous. L. Rev. 775 (2017).

Quoted:

  1. Prof. Camp’s article, ‘Loving’ Return Preparer Regulation, was quoted in: Jay A. Soled & Kathleen DeLaney Thomas, Regulating Tax Return Preparation, 58 B.C.L. Rev. 151, 204 (2017).
  1. Prof. Murphy’s & Charles H. Koch Jr. 2016 treatise update of 4 Admin. L. & Prac. § 13:14 (3d ed.), was quoted in: John Kendrick, (Un)limiting Administrative Review: Wind River, Section 2401(a), and the Right to Challenge Federal Agencies, 103 Va. L. Rev. 157, 210 (2017).
  1. Prof. Murphy’s article, Judicial Deference, Agency Commitment, and Force of Law, was quoted in: Aditya Bamzai, The Origins of Judicial Deference to Executive Interpretation, 126 Yale L.J. 908 (2017).
  1. Prof. Humphrey’s article, ‘‘Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard, was quoted in the following: Eleanor Christie Gourley, Getting to Yes-Means-Yes: Re-Thinking Responses to Rape and Rape Culture on College Campuses, 52 Wash. U.J.L. & Pol’y 195, 207 (2016).
  1. Prof. Camp’s articles, Tax Administration as Inquisitorial Process and the Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998 and The Failure of Adversarial Process in the Administrative State, were quoted in the following article: Pippa Browde, A Reflection on Tax Collecting: Opening A Can of Worms to Clean Up A Collection Due Process Jurisdictional Mess, 65 Drake L. Rev. 51 (2017).
  1. Prof. Beyer’s article, Digital Wills: Has the Time Come for Wills to Join the Digital Revolution?, was quoted in the following article: Alberto B. Lopez, Posthumous Privacy, Decedent Intent, and Post-Mortem Access to Digital Assets, 24 GEO. MASON L. REV. 183 (2016).

News:

  1. On March 3, 2017 Prof. Beyer was a speaker at the 2017 Estate Planning & Community Property Law Journal Seminar held at the Texas Tech University School of Law. His topic and accompanying article were entitled Case Law Update.
  1. As an editor, Prof. Beyer published a new edition of Keeping Current—Probate in the Probate and Property Journal- it offers a look at selected recent cases, rulings and regulations, literature, and legislation.
  1. On March 8, 2017, Prof. Beyer was a speaker at the 2017 County Court Assistants Training Conference sponsored by the Texas Association of Counties in Lubbock. Prof. Beyer’s presentation was an overview of probate and estate administration under Texas law.
  1. On March 12, the Lubbock Avalanche-Journal published an article about Prof. Sutton who is producing her first documentary “The Court Martial of the Apache Kid.”
  1. On March 20, 2017, Prof. Loewy was interviewed by FOX34 News concerning Judge Gorsuch confirmation hearing. The article can be found here.
  1. On March 22, 2017, Prof. Beyer presented a continuing education program for the Red River Valley Estate Planning Council in Fargo, North Dakota. His presentations and accompanying articles were entitled Cyber Estate Planning and Administration and Avoiding the Estate Planning “Blue Screen of Death” With Competent and Ethical Practices.
  1. On March 25, 2017, Prof. Beyer was a speaker at the 2017 Spring Management Workshop conducted by the Equipment Marketing and Distribution Association in Savannah, Georgia. Prof. Beyer’s presentation was entitled Estate Planning Basics: Don’t Be Afraid to Ask!
  1. On March 31, 2017, Prof. Beyer was a guest speaker for approximately 300 attendees at a symposium sponsored by the Southwest Parkinson Society entitled After the Diagnosis, Now What? His presentation was entitled After the Diagnosis: Getting Your House in Order.
  1. On March 31, 2017, Prof. Tracy Pearl presented her paper Fast & Furious: The Misregulation of Driverless Cars, which was specially selected for discussion at the 2017 We Robot Conference at Yale Law School in New Haven, Connecticut.
  1. On March 31, the Lubbock Avalanche-Journal published a debate between Prof. Loewy and Charles Moster on whether employer contributions to Social Security should be abolished. The article can be found here.
  1. The Office of the Vice President for Research at Texas Tech recently announced that Prof. Beyer was named the 2017 Outstanding Researcher from the School of Law.

Gaming the Article Title

Article titles are important because researchers often use keyword searching in the title field to find articles that are highly relevant to their research.

421975855_1280x720Not only is a title important for discoverability, it’s also important to catch the attention of a potential reader and up article views and downloads for impact purposes.

Brian Leiter over at the Law Professor Blogs Network recently highlighted a story illustrating how to game the article title to increase downloads.

I have an article with the (admittedly extremely boring) title “Rethinking Assignor Estoppel” coming out in the Houston Law Review. It has been on SSRN for nine months. I have posted about it twice on Facebook and Twitter, and it has shown up in all the SSRN journals. In that nine months it has garnered 982 views and 172 SSRN downloads.

Late Friday afternoon, prompted by some friends teasing me for the boring headline, I posted the exact same article, with the exact same abstract, but with a new, click-baity title: “Inventor Sued for Infringing His Own Patent. You Won’t Believe What Happened Next.” I did this in part as a joke, and in part as an unscientific test to see how susceptible law professors were to clickbait.

The answer is, quite susceptible indeed. In less than two hours on a Friday night the number of views for this “new” article surpassed the old one. In 26 hours, by late Saturday, more people had downloaded the new article than the old one, even though before downloading you are exposed to the same old boring abstract. And by the end of the weekend, the article had been viewed nearly six times as often as the original and downloaded three times as often as the original.

The article will soon appear in the Houston Law Review under its old, boring title. But it sure looks like titles matter.

Authors would do well to keep this in mind when naming an article. This, coupled with a long, jargon-filled abstract, may just be the key to article impact success.

Easy New Way to Locate Government Documents

The U.S. Publishing Office has a new way to locate government documents. They have created the “Catalog of U.S. Government Publications” or CGP for short.  While the name may not be exciting, the search engine is pretty neat.

This search engine will let the user search for a government publication by name, author, subject, keyword, or government document number.  Use this search engine to locate a government document published anytime from the 1800’s to present day.

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Once you find a document, the record will let you know where the document is located.  If there is a link to the electronic copy, you can access the document immediately.

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If the document is only available in paper or you need to see a paper copy, you can search to see where the closest Federal Depository Library is that owns the document. Once you know where the document is located you can go and view the document.

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This is a great site for anyone who needs to locate a government document.  Many of the documents published today have electronic versions so these items are just a click away!

Just in case you didn’t realize, Texas Tech University is a regional depository library, which means they own everything!  Well….they own an extensive collection of government documents.  This is great news, since it’s highly likely that any government document you are looking for will be available online, in the Law Library, or at the Main University Library.

Good luck hunting for government documents!  Remember, if you need help finding a document you can always contact a Law Librarian for help.