The Reporter

Publications

• Prof. Brian D. Shannon, Opinion: Executing Scott Panetti would be an appalling injustice, Austin American-Statesman (Oct. 22, 2022). https://www.statesman.com/story/opinion/columns/your-voice/2022/10/22/opinion-executing-scott-panetti-would-be-an-appalling-injustice/69581019007/

• Prof. Victoria Sutton, Handbook on Energy, Law & Ethics (2022).

• Prof. Gerry W. Beyer, Estate Planning and Probate Law, 85 Tex. B.J. 926 (2022).

• Prof. Gerry W. Beyer, Keeping Up With the Courts, HERITAGE AUCTIONS J., Winter 2023, at 24.

• Prof. Gerry W. Beyer, An Estate Planning Potpourri, EST. PLAN. DEV. TEX. PROF., Nov. 2022, at 1.

• Prof. Jarod S. Gonzalez, Solving Fair Labor Standards Act Collective Action Law, 58 Tulsa L. Rev. 45 (2022).

• Prof. Victoria Sutton, Native America: Universities as Quasi-cities, Sovereignty and the Power to Name, 11 American Indian L.J. 1 (2022).

Citations

• Prof. Richard Murphy’s article Can They Do That? The Due Process and Article III Problems of Proposed Findings of Criminal Contempt in Bankruptcy Courts was cited in the following publication: Hon. Joan N. Feeney, Hon. Michael G. Williamson, et al., 1 Bankrupt. Law. Manual, § 2:23 (5th ed.).

• Prof. Arnold H. Loewy’s article Freedom of Speech as a Product of Democracy was cited in the following article: Hanna Diamond, The Sixth Circuit Joins the Split: Higher Education Freedom of Speech and the Breadth of Academic Freedom Remain in Limbo, 12 Wake Forest L. Rev. Online 111 (2022).

• Prof. Richard W. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look was cited in the following publication: Lawrence G. Certrulo, 1 Toxic Torts Litigation Guide § 4:32 (2022).

• Prof. Richard W. Murphy’s article Eight Things Americans Can’t Figure Out About Controlling Administrative Power was cited in the following article: Youssef Mohamed, Here’s Your Number, Now Please Wait in Line: The Asylum Backlog, Federal Court Litigation, and Artificial Intelligence in Agency Adjudication, 89 U. Chi. L. Rev. 2013 (2022).

• Prof. Richard Murphy’s chapter in Admin. Law & Prac. was cited in the following publication: Kent Hull, Judicial Review of Administrative Orders: A More Active Function for Indiana Courts?, 66 Res Gestae 12 (2022).

• Prof. William Casto’s article The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth was cited in the following article: Thomas P. Schmidt, Courts in Conversation, 2022 Mich. St. L. Rev. 411 (2022).

• Prof. Patrick Metze’s article Plugging the School to Prison Pipeline by Addressing Cultural Racism in Public Education Discipline was cited in the following article: Bernard James, Restorative Justice Liability: School Discipline Reform and the Right to Safe Schools, 51 U. Mem. L. Rev. 557 (2021).

• Prof. Richard Murphy’s article Tax Havens: How Globalization Really Works was cited in the following article: Martin W. Sybblis, Equality Offshore, 63 B.C.L. Rev. 2667 (2022).

• Prof. Brie Sherwin’s article The Upside Down: A New Reality for Science at the EPA and Its Impact on Environmental Justice was cited in the following article: Allison M. Whelan, Executive Capture of Agency Decisionmaking, 75 Vand. L. Rev. 1787 (2022).

• Prof. Richard D. Rosen’s article Deterring Previability Abortions in Texas Through Private Lawsuits was cited in the following article: Jennifer A. Brobst, Perilous Private Enforcement Strategies: From Posses and Citizen’s Arrest to Texas Heartbeat Statutes, 14 ConLawNOW 11 (2022).

• Prof. Richard W. Murphy’s article Separation of Powers and the Horizontal Force if Precedent was cited in the following article: Kevin C. Amici, A Move in the Bright Direction: Why Congress has the Power to Bring the Docket Out of the Shadows, 53 Seton Hall L. Rev. 643 (2022).

• Prof. Arnold H. Loewy’s article Cops, Cars, and Citizens: Fixing the Broken Balance was cited in the following article: Henry Patrick, South Dakota v. Opperman: An Analysis of how: Inventory Searches are Unreasonable under the Fourth Amendment, Int’l Soc. Sci. Rev. (Sep. 1, 2022).

• Prof. William R. Casto’s article The Federal Court’s Protective Jurisdiction over Torts Committed in Violation of the Law of Nations was cited in the following article: Tyler R. Giannini, Living with History: Will the Alien Tort Statute Become a Badge of Shame or Badge of Honor?, 132 Yale L.J. Forum 814 (2022).

• Dean Jack Wade Nowlin’sarticle The Judicial Restraint Amendment: Populist Constitutional reform in the Spirit of the Bill of Rights was cited in the following article: Brooks M. Chupp, “A Sword in the Bed”: Bringing an End to the Fusion of Law and Equity, 98 Notre Dame L. Rev. 465 (2022).

Quotations

• Prof. Bryan T. Camp was quoted in the following article: Steven H. Sholk, A Guide to the Substantiation Rules for Deductible Charitable Contributions, 137 J. Tax’n 03 (2022).

• Prof. Gerry W. Beyer was quoted in the following publication: § 5:16 Duties of conservators of adults, Ga. Guardianship and Conservatorship (2022).

Notes

• On December 2, 2022, Prof. Gerry W. Beyer was in Indianapolis, Indiana where he spoke on the topic Estate Planning for Virtual Property—Electronic Communications, Cryptocurrency, Non-Fungible Tokens, and the Metaverse. An extensive article also accompanied his presentation.

• Victoria Sutton, Distinguished Horn Professor was recently confirmed as a Board-Certified Environmental Scientist (BCES), by eminence, from the American Academy of Environmental Engineers & Scientists (AAEES). This certification process involved professional letters of support, a history of work in the field and an oral examination with Board members.

• Prof. Brian Shannon was a panelist at the Texas Judicial Mental Health Summit on Nov. 2 in Grapevine on the topic of diverting low-level criminal defendants with mental illness to Assisted Outpatient Treatment (AOT) civil proceedings.

• Horn Prof. Brian Shannon presented at the national NCAA Faculty Athletics Representative conference on Nov. 3 in Indianapolis on the topic of Student-Athletes & Mental Health.

• Prof. Brian Shannon was part of a task group of judges, psychiatrists, med school profs, and law profs who worked for three years on a project to develop recommendations for model statutory emergency detentions, civil commitments, and criminal justice pathways for persons with mental illness. It was headed up by Judge Steve Leifman from Miami and Judge Milt Mack of Michigan, and all the folks who participated in the project are listed on pp. 4-5. The final report came out at the end of October and has been endorsed by the National Judicial Task Force to Examine State Courts’ Response to Mental Illness. See Final Report and recommendations. Also, the full report of the Judicial Task Force is at Final Report and Recommendations, which was released on October 25, 2022).

• On December 5, 2022, Prof. Gerry W. Beyer was a virtual speaker for the Estate Planning and Probate Law Section of the Hidalgo County Bar Association. His presentation and accompanying paper were entitled Morals From the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.

• On December 6, 2022, Prof. Gerry W. Beyer was a virtual speaker for the Boston Estate Planning Council. His presentation and accompanying article were entitled Estate Planning in a Cyber World – Electronic Communications, Cryptocurrency, Non-Fungible Tokens, and the Metaverse.

• On December 7, 2022, Prof. Gerry W. Beyer was the speaker at a dinner program sponsored by the Milwaukee Estate Planning Forum. His presentation and accompanying article were entitled Anticipating Will Contests and How to Avoid Them.

• Prof. Amy Hardberger was elected as a member of the American Law Institute. You can access the complete list here: https://www.ali.org/members/newly-elected-members/december-2022/?utm_source=Informz&utm_medium=Email&utm_campaign=Email&_zs=EUmjb1&_zl=aaEk8

• The President-Elect of the American College of Probate Counsel recently appointed Prof. Gerry W. Beyer to the Nominating Committee which is tasked with nominating Fellows for election as officers of the College and for election to the Board of Regents.  Prof. Beyer currently serves on the Board of Regents and on several other committees including the Legal Education Committee for which is the Co-Chair Elect.

• Prof. Brian D. Shannon was mentioned in the following article: Tyler R. Smotherman, Unnecessary and Improper: Why it is Time for UCMJ Jurisdiction Over Retirees to ETS, 35 Regent U. L. Rev. 207 (2022-23).

• Prof. Richard Rosen was mentioned in the following article: Tyler R. Smotherman, Unnecessary and Improper: Why it is Time for UCMJ Jurisdiction Over Retirees to ETS, 35 Regent U. L. Rev. 207 (2022-23).

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 Nov 1st to Nov 3oth, 2022.

Publications

• Prof. Gerry W. Beyer, Potpourri, 60-4 Real Est., Prob., & Tr. L. Rep., at 4 (2022).

• Prof. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 60-4 Real Est., Prob., & Tr. L. Rep., at 5 (2022).

• Prof. Gerry W. Beyer, ed., Keeping Current—Probate, PROB. & PROP., Nov./Dec. 2022, at 26.

• Prof. Gerry W. Beyer, MARITAL PROPERTY AND HOMESTEADS (2022-2023 Supplements to Volumes 38 & 39 of the Texas Practice Series).

• Prof. GERRY W. BEYER & JAMES M. KOSAKOW, IRREVOCABLE TRUSTS (4th ed. 2022-2023).

• Prof. Richard Murphy, 33 Fed. Prac. & Proc. Judicial Review 8315 (2d ed.).

Citations

• Prof. Larry Spain’s article Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can Be Ethically Incorporated into the Practice of Law was cited in the following publication: Ann M. Haralambie, Alternatives to litigation, 1 Handling Child Custody, Abuse and Adoption Cases § 4:29 (2022 ed.).

• Prof. Brie D. Sherwin’s article Anatomy of a Conspiracy Theory: Law, Politics, and Science Denialism in the Era of COVID-19 was cited in the following article: Jasper L. Tran, Of Vaccine and Hesitancy, 77 Food & Drug L.J. 176 (2022).

• Prof. Wesley Cochran’s article It Takes Two to Tango!: Problems with Community Property Ownership of Copyrights and Patents in Texas was cited in the following article: Tal Itkin, When Love Ends: The Division of Copyright Between Spouses, 26 Marq. Intell. Prop. L. Rev. 97 (2022).

• Prof. Arnold H. Loewy’s article The Warren Court as a Defender of State and Federal Criminal Laws: A Reply to Those Who Believe That the Court is Oblivious to the Needs of Law Enforcement was cited in the following series: Barbra E. Bergman, 15 Ariz. Prac., 14:1 (2022).

• Prof. Arnold H. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent was cited in the following article: Thomas P. Crocker, The Fourth Amendment and the Problem of Social Cost, 117 Nw. U.L. Rev. 473 (2022).

• Associate Dean Wendy-Adele Humphrey’s article Two-Stepping Around a Minor’s Constitutional Right to Abortion was cited in the following article: Michael J. Higdon, LGBTQ Youth and the Promise of the Kennedy Quartet, 43 Cardozo L. Rev. 2385 (2022).

• Prof. William R. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion was cited in the following article: Blake Emerson, The Binary Executive, 132 Yale L.J.F. 756 (2022).

• Prof. Gerry W. Beyer’s article Annual Survey of Texas Law: Wills & Trusts was cited in the following publication: Mary F. Radford, Georgia Trusts and Trustees 12:5 (2022).

• Prof. Richard Murphy’s article Enhancing the Role of Public Interest Organizations in Rulemaking via Pre-Notice Transparency was cited in the following article: Brian D. Feinstein, Divided Agencies, 95 S. Cal. L. Rev. 731 (2022).

•  Prof. Brie D. Sherwin’s article Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, and State Exceptionalism Failed Flint, Michigan was cited in the following article: Clifford J. Villa, Don’t Blame Flint River, 52 Envt’l L. 341 (2022).

• Prof. Richard W. Murphy’s article The DIY Unitary Executive was cited in the following article: Robert L. Glicksman, The New Separation of Powers Formalism and Administrative Adjudication, 90 Geo. Wash. L. Rev. 1088 (2022).

• Prof. Eric Chiappineli was cited in the following article: Keith Paul Bishop, Will Mallory Doom Delaware’s Officer Exculpation Statute And Its Corporate Hegemony?, Nat’l L. Rev. (Nov 28, 2022).

• Prof. DeLeith D. Gossett’s article The Client: How States Are Profiting from the Child’s Right to Protection was cited in the following article: Courtney G. Joslin & Catherine Sakimura, Fractured Families: LGBTQ People and the Family Regulation System, 13 Cal. L. Rev. Online 78 (2022).

• Prof. Brie D. Sherwin’s article Anatomy of a Conspiracy Theory: Law, Politics, and Science Denialism in the Era of COVID was cited in the following article: Shirley B. Luk, Conspiracy Theories are Not Religious: Scrutinizing Religious Exemptions to the COVID-19 Vaccine, 57 U.S.F.L. Rev. 81 (2022).

• Prof. Richard A. Rosen’s article Liability for “Soft Information.”
   New Developments and Emerging Trends was cited in the following publication: Thomas L. Hazen, 3 Law Sec. Reg. § 12:68 (2022).

• Prof. Eric A. Chiappinelli’s article Red October: It’s Origins, Consequences, and the Need to Revive the National Market System was cited in the following publication: Thomas L. Hazen, 1 Law Sec. Reg. § 1:76 (2022).  

• Prof. Bryan Camp’s article Lesson from the Tax Court: The Role of the Taxpayer Bill of Rights was cited in the following article: Karie Davis-Nozemack & Sarah Webber, No Appeal for You: Reforming Access to Appeals for Tax Whistleblowers, 75 Tax Law. 637 (2022).

• Prof. Eric A. Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro was cited in the following publication: Richard T. Ostlund & Dan Hall, 12 Bus. & Com. Litig. Fed. Cts. § 136:25 (5th ed. 2022).

Quotes

• Prof. Bryan T. Camp’s blog post Lessons from the Tax Court: The Sharp Corners of the §170 Substantiation Requirements was quoted in the following publication: Steven H. Sholk, A Guide to the Substantiation Rules for Deductible Charitable Contributions, 137 J. Tax’n 03 (2022).

Notes

• Prof. Ashley Arrington presented Applying the Constitution to Our Lives at Lubbock High School as part of the Lubbock Area Bar Association’s ‘Now You’re 18’ Project. https://mcusercontent.com/895050ab91540d5cb3da98942/files/88d5349f-0786-c047-9645-d19b26d6f02a/Applying_the_Constitution_to_Our_Lives.pdf

• Prof. Geoffrey Corn presented a paper at the 17th Minerva Conference on International Humanitarian Law at The Hebrew University of Jerusalem on November 13-14, 2022.

• On November 10, 2022, Prof. Gerry W. Beyer served as an invited speaker for the 48^th Annual Notre Dame Tax & Estate Planning Institute. During his virtual appearance, he presented his paper entitled Anticipating Will Contests and How to Avoid Them.

•  On November 16, 2022, Prof. Gerry W. Beyer presented a three-hour seminar in Fargo, North Dakota for the Red River Valley Estate Planning Council. His presentation and accompanying article were entitled Estate Planning for Virtual Property – Electronic Communications, Cryptocurrency, Non-Fungible Tokens, and the Metaverse.

• Prof. Gerry W. Beyer along with attorney Suzy Walsh participated in a podcast analyzing the new Uniform Electronic Estate Planning Documents Act approved earlier this year by the Uniform Law Commission at its annual meeting in Philadelphia. Prof. Beyer served as the Reporter for the Act and Suzy chaired the drafting committee. The podcast is posted on many websites and social media sites. Here is a link to one of the postings

• On November 29, 2022, Prof. Gerry W. Beyer was the guest speaker (virtual) for the Ad Hoc Committee on Electronic Wills of the Real Property, Probate, and Trusts Law Section of the Florida Bar. The Committee asked him to speak about the Uniform Electronic Estate Planning Documents Act which was approved earlier this year by the Uniform Law Commission. Prof. Beyer served as the Reporter for this act.