May 2020 Law Faculty Publications & News

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 May 1st to May 31st, 2020.

Articles, Essays, & Reviews 

1. Gerry W. Beyer, Potpourri, 58-2 Real Est., Prob., & Tr. L. Rep., at 5 (2020).

2. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 58-2 Real Est., Prob., & Tr. L. Rep., at 5 (2020).

3. 13, 14, & 15, Gerry W. Beyer, West’s Texas Forms—Real Property (Supp. 2020 ed.).

4. Nancy Soonpaa, From a Gleam to Maturity: The Developmental Stages of a Legal Writing Program, 24 Legal Writing: J. Legal Writing Inst. 23 (2020).

Quotes

1. Professor Camp is quoted in the following article: Sarah Skidmore Sell, Can survivors keep relief funds sent to dead taxpayers?, ABCNews (May 8, 2020 at 12:27 am); available at: https://abcnews.go.com/Politics/wireStory/dead-taxpayers-relief-checks-survivors-70567903.

Op-Ed

1. Arnold Loewy & Charles Moster, It’s debatable: Can a state restrict concealed carry rights of non-residents?, Lubbock-Avalanche J. (May 17, 2020 at 3:01 am); available at: https://www.statesman.com/opinion/20200517/its-debatable-can-state-restrict-concealed-carry-rights-of-non-residents.

Citations

1.  Prof. Casto’s book The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth is cited in the following article: Jonathan Gienapp, the Myth of the Constitutional Given: Enumeration and National Power at the Founding, 69 Am. U. L. Rev. F. 183 (2020).

2. Prof. Gonzalez’s book Employment Discrimination: A Context and Practice Casebook is cited in the following article: Kelly Kagan, Expansion of Joint Employer Liability Theory on the Horizon: The Ninth Circuit Adopts The Agency Test in EEOC v. Global Horizons, Inc., 57 San Diego L. Rev. 281 (2020).

3. Prof. Murphy’s article Pragmatic Administrative Law and Tax Exceptionalism is cited in the following article: Emily S. Bremer, Reckoning with Adjudication’s Exceptionalism Norm, 69 Duke L.J. 1749 (2020).

4. Prof. Loewy’s book Criminal Procedure: Cases, Materials, and Questions 1239is cited in the following article: Ion Meyn, Flipping the Script on Brady, 95 Ind. L.J. 883 (2020).

5. Prof. Murphy’s article Abandoning Standing: Trading Rule of Access for a Rule of Deference is cited in the following article: Heather Elliot, Associations and Cities as (Forbidden) Pure Private Attorneys General, 61 Wm. & Mary L. Rev. 1329 (2020).

6. Dean Myhra’s article The Hate Speech Conundrum and the Public School is cited in the following article: Christian Ketter, The NFL Player, The Schoolchild, and The Entertainer: When The Term “Free Speech” is Too Freely Spoken, Exactly “Who’s On First?”, 68 Clev. St. L. Rev. 421 (2020).

7. Prof. Spain’s article Alternate Dispute Resolution for the Poor: Is It an Alternative? is cited in the following article: Donald F. Fontaine, Fee Shifting: A Proposal to Solve Maine’s Intractable Access to Justice Problem, 72 Me. L. Rev. 47 (2020).

8. Prof. Beyer’s article Statutory Will Methodologies—Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence? is cited in the following article: Bridget J. Crawford, Blockchain Wills, 95 Ind. L.J. 735 (2020).

9. Prof. Christopher’s article Whack-a-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Laundering is cited in the following article: David D. Schein & Lawrence J. Trautman, The Dark Web and Employer Liability, 18 Colo. Tech. L.J. 49 (2020).

10. Prof. Chiappinelli’s article The Myth of Director Consent: After Shaffer is cited in the following article: Charles W. (Rocky) Rhodes & Cassandra Burke Robertson, A New State Registration Act: Legislating a Longer Arm for Personal Jurisdiction, 57 Harv. J. on Legis. 2 (2020).

News

1. On May 12, 2020, Prof. Gerry W. Beyer “traveled” to Midland, Texas to present a virtual continuing legal education program entitled Technology’s Impact on the Changing Future of the Trusts and Estate Practice. His article by the same name was distributed to all attendees. Both the presentation and article gave special attention to using technology during the COVID-19 stay-at-home and social mandates.

2. On May 6, 2020, Prof. Dustin Benham was recognized in an article entitled Professor Leaves Lasting Impact on Legal System by Inspiring Students in Texas Tech Today by Mckenzi Morris for receiving the 2020 Chancellor’s Council Distinguished Teaching Award. The full article is available here.

3. On April 26, 2020, Prof. Gerry W. Beyer was a guest speaker on the “Elder Law Issues” Podcast episode titled Gun Trusts: Do You Need One?, available here. On May 10, 2020, he was again featured in another episode of the Podcast called Marijuana and Your Estate Plan, available here.

May 2020 New Resources

database resources

In May 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

While no new resources that were added to the Law Library’s collection this month, remember that there are a wide-variety of resources to help you with your studies. Electronic resources can be accessed through our “Electronic Resources: Databases, Journals, and Site” webpage. As a Texas Tech University student you also have access to the resources available through the main university library’s website. If you need additional resources you can also request items through ILL. All you need to do is sign-in using your eRaider and password and fill out the ILL form with information for the item you are requesting.

New Books

This month there are no new books to announce. We were not able to catalog or add new books while staff is working from home.

If you have any book or circulation questions, 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.

 

Extended Database Access For 2020 Graduating Law Students

Graduating law students are entering a legal job market that is volatile and uncertain as the industry experiences the impact of this pandemic. We believe your education extends beyond your formal law school program. TTU Law Library is committed to providing resources to support our graduates as you take the next step in your legal career.

Westlaw

Recently graduated law students need to enroll Westlaw Grad Elite program to continue gaining access. To gain access you will receive a pop-up when you logged or you can go HERE and hit agree . For the first 18 months after graduation you will have access to some products for 60 hours each month to help make the connection between theory and practice. For more information, please check Westlaw Grad Elite program.

Lexis Advance

When you graduate May 2020, you will automatically have seamless Lexis Advance access till February 28, 2021. Continue to use your law school username and password while you prepare for the bar exam and employment. Plus, access exclusive resources and a Rewards program for graduates.

The ASPIRE program provides 12 months of free access to federal and state cases, codes, regulations, law reviews, Shepard’s® Citation Service and Matthew Bender® treatises to graduates who are engaged in verifiable 501(c)(3) public interest work.

For more information, please check Lexis Advance Access for Law School Graduates.

Bloomberg Law

May 2020 graduating law students will have unrestricted access to Bloomberg Law® through June 1, 2021.

Legal Responses to Coronavirus (COVID-19)

1 UCLA

The UCLA School of Law Hugh & Hazel Darling Law Library has compiled a timely guide (https://libguides.law.ucla.edu/coronavirus) to help locate legal responses to COVID-19.  According to the guide, “many units of government at all levels (federal, state, and local) have issued, and continue to issue, legal responses to the coronavirus epidemic, and some states have laws pre-dating the epidemic but that have become more relevant, such as quarantine statutes and requirements for paid sick leave.  This [sic] goal of this guide is to provide links to primary sources and high-quality summaries to these.”

2 UCLA

The federal materials provided in the guide include links to items published by various federal agencies as well as Public Laws about COVID-19.  While the major focus of the guide is on federal and California resources, there are sections dedicated to other state and local jurisdictions.

There is also a useful section that provides links to “Other Resources” that users might find educational.

3 UCLA

Among the Other Useful Resources is the Coronavirus (COVID-19) Resource Kit from LexisAdvance and the COVID-19 Workforce Virtual Toolkit from the HHS.

4 UCLA

 

 

 

 

For assistance with locating further information on COVID-19, please contact the Law Library Reference Desk between the hours of 8:30am and 4:30pm Monday through Friday via email or phone.

Email:  reference.law@ttu.edu

Phone:  806-742-7155

 

April 2020 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, 2020.

Articles & Reviews 

1. Gerry W. Beyer, Keeping Current — Probate, 34-Apr Prob. & Prop. 30 (2020). 

2. Gerry W. Beyer, A Cold Head is Not Just for Beer Anymore, Jotwell (March 31, 2020) (reviewing Thomas E. Simmons, A Trust for Ted’s Head, 88 Miss. L. J. 20 (2019).

3. Bryan T. Camp, Taxation of Electronic Gaming, 877 Wash. & Lee L. Rev. 661 (2020).

Op-Ed

1. Arnold Loewy & Charles Moster, It’s debatable: Who should bear primary responsibility in coronavirus battel?, Lubbock-Avalanche J. (Apr. 20, 2020 at 2:08 p.m.); available at: https://www.lubbockonline.com/opinion/20200419/its-debatable-who-should-bear-primary-responsibility-in-coronavirus-battle

Citations

1.  Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds is cited in the following article: Blake E. Reid, Internet Architecture and Disability,  95 Ind. L.J. 591 (2020).

2. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act is cited in the following article: Stephanie Hunter McMahon, Classifying Tax Guidance According to End Users, 73 Tax Law. 245 (2020).

3. Prof. Black’s article Do You Want Innovation and Jobs? Repeal § 511 is cited in the following article: David Kim,  XIII. Unrelated Business Income Tax: Key Changes, 38 Rev. Banking & Fin. L. 623 (2019).

4. Prof. Tracy Pearl’s article Hands on the Wheel: A Call for Greater Regulation of Semi-Autonomous Cars is cited in the following article: Gary Marchant & Rida Bazzi, Autonomous Vehicles and Liability: What Will Juries Do? 26 B.U. J. Sci. & Tech. L. 67 (2020).

5. Prof. Chiappinelli’s book Cases and Materials on Business Entities is cited in the following article: Michael Held & Thomas M. Noone, Bank Culture and the Official Sector: A Spectrum of Options,  43 Seattle U. L. Rev. 683 (2020).

6. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: William Hopchak, Carpenter v. United States: CSLI, Third-Party Doctrine, and Privacy in the Twenty-first Century 14 Liberty U. L. Rev. 185 (2019).

7. Prof. Christopher’s article The Bridging Model: Exploring the Roles of Trust and Enforcement in Banking, Bitcoin, and the Blockchain is cited in the following article: Lawrence J. Trautman & Mason J. Molesky, A Primer for Blockchain 88 UMKC L. Rev. 239 (2020).

8. Prof. Loewy’s article Police-Obtained Evidence and the Constitution: Distinguishing Unconstitutionally Obtained Evidence from Unconstitutionally Used Evidence is cited in the following article: Louis Fisher, Criminal Justice User Fees and the  Procedural Aspect of Equal Justice, 133 Harv. L. Rev. F. 112 (2020).

9. Prof. Beyer’s article Puff, the Magic Dragon, and the Estate Planner is cited in the following article: Brandy M. Parry, Puff, Puff, Pass: How State Marijuana Laws May Impact Probate Courts and Lead to Liability, 33 Quinnipiac Prob. L.J. 178 (2020).

10. Prof. Beyer’s work in Sign on the [Electronic] Dotted Line: The Rise of the Electronic Will is cited in the following article: Adam J. Hirsch, Technology Adrift: In Search of a Role for Electronic Wills 61 B.C. L. Rev. 827(2020).

11. Prof. Rob Sherwin’s work in The Changing Landscape of the Texas Citizens Participation Act is cited in the following article: Laura Lee Prather, Striking a Balance, 83 Tex. B.J. 238 (2020).

12. Prof. A. Pearl’s article The Tragedy of the Vital Commons is cited in the following article: Michael C. Blumm, Environmental Law at 50: A Cutting -Edge Journal Examining the Central Issues of Our Time,  50 Envtl. L. 1 (2020).

13. Prof. Benham’s article Tangled Incentives: Proportionality and the Market for Reputation Harm is cited in the following article: Abigail Stephens, Contracting Away the First Amendment?: When Courts Should Intervene in Nondisclosure Agreement, 28 Wm. & Mary Bill Rts. J. 541(2019).

14. Prof. Benham’s article Proportionality, Pretrial Confidentiality, and Discovery Sharing is cited in the following article: Matthew A. Shapiro, The Indignities of Civil Litigation, 100 B.U. L. Rev. 501(2020).

15. Prof. Loewy’s supplement Criminal Law in a Nutshell is cited in the following article: Katryna Santa Cruz, The Distraction That Is Stand Your Ground, 14 FIU L. Rev. 149 (2020). 

16. Prof. Tracy Pearl’s article Fast & Furious: The Misregulation of Driverless Cars is cited in the following article: Callie A. Kanthack, Autonomous Vehicles and Driving Under the Influence: Examining the Ambiguity Surrounding Modern Laws Applied to Future Technology, 53 Creighton L. Rev. 397 (2020).

17. 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: Michael Conklin, Please Allow Myself to Pardon. Myself: The Constitutionality of a Presidential Self-Pardon, 97 U. Det. Mercy L. Rev. (2020).

18. Prof. James’ article The African-American Church, Political Activity, and Tax Exemption is cited in the following article: Lloyd Hitoshi Mayer, When Soft Law Meets Hard Politics: Taming the Wild West of Nonprofit Political Involvement, 45 J. Legis. 194(2019).

News

1.  Professor Beyer was recently the guest on an Elder Law Issues podcast entitled Pet Trusts. Along with host Robert Fleming, one of the nation’s leading estate planning and elder law attorneys, Professor Beyer explained how pet owners may make arrangements to make sure their animal friends receive proper care upon the owners’ disability or death. The podcast can be listened to here

2. On April 13, 2020, Professor Beyer served as the Collin County Bar Association’s Estate Planning & Probate Section’s first virtual CLE presenter. Over 75 attorneys attended his live on-line presentation entitled Morals From the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice

3. On April 24, 2020, Professor Beyer was an invited speaker at the Kansas City Estate Planning Symposium which because of COVID-19 was shifted to a webinar format. To an audience of approximately 300 attorneys and other estate planning professionals, he present two papers: Electronic Wills and Related Issues: The Changing Future of the Trust and Estate Practice and Your Pleasure or Business Cannabis Client: It’s High Time Estate Planners Know What to Do

4. On April 28, 2020, Professor Beyer was the speaker for the first virtual meeting of the Probate, Trusts, and Estates Section of the Dallas Bar Association. Professor Beyer spoke to approximately 250 members about his presentation on analyzing and critiquing recent decisions of the Texas Courts impacting the Estate Planning practice. 

5. Professor Beyer was recently the guest on an Elder Law Issues podcast entitled Electronic Wills in the Era of Coronavirus. Along with host Robert Fleming, one of the nation’s leading estate planning and elder law attorneys, Professor Beyer explains some of the limitations to the use of electronic wills in the era of coronavirus and the COVID-19 pandemic. The podcast can be listened to here

6. Dean Humphrey has been the first professor from Texas Tech Law to be elected to the national board of directors of the Legal Writing Institute (LWI). The dean is currently the Chair of the LWI Biennial conference, and a member of the LWI One-Day Workshops committee and the LWI New Members Outreach committee.