The Reporter

Throughout the month of October, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for Oct 1st to Oct 3oth, 2022.

Publications

• Prof. Geoffrey S. Corn, Criminal Law: Concepts, Crimes, and Defenses, Carolina Academic Press (Nov. 2022).

• Prof. Brian Shannon, Executing Scott Panetti would be an appalling injustice, Austin American-Statesman (TX) 2022 WLNR 33824559 (Oct. 22, 2022).

• Prof. Dustin B. Benham, Brighter Sunshine: Proposed Changes to Rule 76A, 100 The Advoc. (Tex.) 39 (2022).

Citations

• Prof. Arnold Loewy’s publication Criminal Law in a Nutshell § 5.07 was cited in the following publication: Michael B. Mushlin, The Eighth Amendment: Solitary Confinement, Prevention of Violence, Protection Against Overcrowding, and Provision of Necessities of Life, Rights of Prisoners (5th ed. 2022).

• Prof. Larry R. Spain’s article The Opportunities and Challenges of Providing Equal Access to Justice in Rural Communities was cited in the following article: Eli Wald, The Access and Justice Imperatives of the Rules of Professional Conduct, 35 Geo. J. Legal Ethics 375 (2022).

• Prof. Eric A. Chiappinelli’s article The Moral Basis of State Corporate Law Disclosure was cited in the following secondary source: Mark A. Sargent & Dennis R. Honabach, 2022-2023 Edition, D&O Liab. Hdbk. Highlights (2022).

• Prof. Jarod S. Gonzalez’s article A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure was cited in the following publication: Arthur R. Miller, 9 Fed. Prac. & Proc. Civ. § 2321 (4th ed. 2022).

• Prof. Catherine M. Christopher’s article Normalizing Struggle was cited in the following article: Sara L. Ochs, Imposter Syndrome & the Law School Caste System, 42 Pace L. Rev. 373 (2022).

• Prof. William R. Casto’s article The Federal Courts’ Protective Jurisdiction over Torts Committed in Violation of the Law of Nations was cited in the following article: Christopher Ewell, Has the Alien Tort Statute Made a Difference?: A Historical, Empirical, and Normative Assessment, 107 Cornell L. Rev. 1205 (2022).

• Prof. William R. Casto’s article: “Dear Sister Antillico…” The Story of Kirksey v. Kirksey was cited in the following article: Dylan C. Penningroth, Race in Contract Law, 170 U. Pa. L. Rev. 1199 (2022).

• Prof. Bryan T. Camp’s article What Good Is the Taxpayer Advocate? Was cited in the following article: Colleen V. Chien, The Inequalities of Innovation, 72 Emory L.J. 1 (2022).

• Prof. Richard Rosen’s article Julius Chambers: A Life in the Legal Struggle for Civil Rights was cited in the following article: James E. Coleman Jr., Living in the Shadow of American Racism, 85 Law & Contemp. Probs. 155 (2022).

Quotations

• Prof. Richard Rosen was quoted in the following article: Natalia Alamdari, Six Small Nebraska Towns are Trying to Ban Abortion. Will it Change Anything?, Pioneer Publishing (2022).

• Prof. Gerry W. Beyer was quoted in the following blog article: Juan C. Antunez, What’s it mean to challenge the ‘validity’ of a will and why does it matter?, Florida Probate & Trust Litigation Blog (Oct. 17, 2022).

Notes

• Prof. Geoffrey Corn contributed to a story on Voice of America. You can access it here: https://www.golosameriki.com/a/labor-migrants-as-potential-soldiers-russian-ministry-of-defense/6774083.html or https://www.golosameriki.com/a/working-migrants-russian-army/6774750.html .

• Prof. Geoffrey Corn co-authored an expert submission to the Senate Judiciary Committee supporting a new federal war crimes law.

• Prof. Catherine M. Christopher participated in a panel entitled “The Future of Lawyer Accreditation” at Walter F. Mondale Hall on the University of Minnesota campus.

• Prof. Geoff Corn visited Hartwick College to host a lecture on the Ukraine-Russia War. See the article discussing the lecture here: https://www.thedailystar.com/news/hartwick-college-to-host-talk-on-the-ukraine-russia-war/article_732a5e98-5568-11ed .

Throughout the month of September, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for Sep 1st to Sep 3oth, 2022.

Publications

• Prof. Geoffrey S. Corn, The New Defense Department Plan to Curb Civilian Harm: A Bold Blueprint for Change, Lawfare (Sept. 7, 2022). The New Defense Department Plan to Curb Civilian Harm: A Bold Blueprint for Change – Lawfare (lawfareblog.com)

• Gerry W. Beyer, Wills, Trusts, and Estates: Examples & Explanations (8^th ed. 2022).

• Prof. Geoff Corn, Civilian Risk Mitigation: Why Context Matters, Articles of War (Sept. 27, 2022). https://lieber.westpoint.edu/civilian-risk-mitigation-why-context-matters/

• Prof. Geoffrey S. Corn, Deterring Illegal Firearms in the Community: Special Needs, Special Problems, and Special Limitations, 43 Cardozo L.R. (2022).

• Prof. Geoffrey S. Corn, “Light Him Up”: Addressing the Dangerous Intersection of Traffic Stops and Consent, 20 Georgetown J. L. & Pub. Pol’y (2022).

Citations

• Prof. Richard W. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look was cited in the following publication: David J. Roe, Ill/ Civ. Jury Instru. Companion Handbook sec. 12:3-4 (2022).

• Prof. Gerry W. Beyer’s article Video Wills: Leaving a Legacy Moves into 21st Century was cited in the following article: Olivia Visconti, 95 St. John’s L. Rev. 951 (2022).

• Prof. Jarod S. Gonzalez’s article A Tale of Two Waivers: Waiver of the Jury Waiver Defense Under the Federal Rules of Civil Procedure was cited in the following journal: Michael D. Moberly, Title VII Trials-and Tribulations: Examining the Divergent Roles of Judge and Jury Under the Act’s Enhanced Remedial Scheme, 39 Hofstra Lab. & Emp. L.J. 331 (2022).

• Prof. Catherine M. Christopher’s article Mobile Banking: The Answer for the Unbanked in America? Was cited in the following article: Janine S. Hiller & Lindsay S. Jones, Who’s Keeping Score?: Oversight of Changing Consumer Credit Infrastructure, 59 Am. Bus. L.J. 61 (2022).

• Prof. Gerry W. Beyer’s article What if Your Parrot Outlives You? Preparing for Your Bird’s Future was cited in the following article: Sara Ventiera, Create a Pet Estate Plan for Your Fur Family, AARP (2022).

• Prof. Catherine M. Christopher’s article Will I Pass the Bar Exam? Predicting Student Success Using LSAT Scores and Law School Performance was cited in the following article: Scott Devito, Kelsey Hample, & Erin Lain, Examining the Bar Exam” An Empirical Analysis of Racial Bia in the Uniform Bar Examination, 55 U. Mich. J.L. Reform 597 (2022).

• Prof. Richard W. Murphy’s article Abandon Chevron and Modernize Stare Decisis for the Administrative State was cited in the following article: Emily S. Bremer, Blame (or Thank) The Administrative Procedure Act for Florida East Coast Railway, 97 Chi. Kent L. Rev. 79 (2022).

Quotations

• Prof. Gerry W. Beyer was quoted in the following publication: Mary F. Radford, Ga. Guardianship & Conservatorship (2022).

• Prof. Sally Henry was quoted in WSJ Pro Bankruptcy’s commentary on Johnson & Johnson’s use of bankruptcy to shift mass talc lawsuits (2022).

• Prof. Kimberly Harris was quoted in the following article: Does a Fetus Count in the Carpool Lane? Texas’ Abortion Law Creates New Questions About Legal Personhood, The Texas Tribune (Sep. 13, 2022) https://www.texastribune.org/2022/09/13/texas-personhood-laws-abortion-law/.

• Prof. Sally Henry was quoted in the following article: Lauren Thomas, The retail industry is facing a potential wave of bankruptcies—here’s why, CNBC News (June 23, 2022). https://www.cnbc.com/2022/06/23/why-retail-industry-is-facing-bankruptcy-wave.html?__source=sharebar|email&par=sharebar

Notes

• On September 9, 2022, Prof. Gerry W. Beyer was an invited speaker at the 18^th Annual Jerry A. Kasner Estate Planning Symposium in Santa Clara, California. His presentation and accompanying article were entitled Estate Planning in a Cyber World: Cryptocurrency, Non-Fungible Tokens, and Electronic Communications. He was also included in a discussion of the estate planning issues raised by the Metaverse.

• The Indiana Prac. Series used Prof. Gerry W. Beyer’s publication to establish its Residential Apartment Lease Form, 5 Ind. Prac., Essential Forms (2022).

• On September 20, 2022, Prof. Gerry W. Beyer was the dinner CLE speaker for the Estate Planning Council of Central Texas in Austin, Texas. His presentation and accompanying article were entitled Morals From the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.

• Prof. Eric A Chiappinelli was named a member of the Consultative Group of the RS 3d, Conflict of Laws in the Oct. 2022 update.

• Prof. Bryan T. Camp was named a member of the Consultative Group for RS 3d, Children and the Law in the Oct. 2022 update.

• Prof. Brian Shannon was named as a member of the Consultative Group for RS 3d Consumer Contracts and Wills & Don. Trans. in the Sept. 2022 updates.

• Prof. William R. Casto was named as a member of the Consultative Group for RS 3d Unfair Competition, Conflict of Laws, & Aggregate Litigation in the Oct. 2022 updates.

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 Aug 1st to Aug 31st, 2022.

Articles, Essays, Reviews, and Publications

1. Prof. Stephen T. Black, Who Owns Your Data, 48 Rutgers Comp. & Tech. L.J. 301 (2022).
2. Gerry W. Beyer, Potpourri, 60-3 Real Est., Prob., & Tr. L. Rep., at 4 (2022).
3. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 60-3 Real Est., Prob., & Tr. L. Rep., at 5 (2022).
4. Gerry W. Beyer, Critters in the Estate Plan, Est. Plan. Dev. for Tex. Prof., July 2022, at 1.
5. Prof. Brian Shannon Co-authored the Texas AOT Practitioner’s Guide, which was published in May 2022.
6. Prof. Brittany Morris, SUCCESSFULLY SHIFTING LIBRARY PROGRAMMING IN A REMOTE ENVIRONMENT: A look back at what worked and how to apply these insights in the future., AALL Spectrum, Jul/Aug 2022, at 22.
7. Prof. Brian Shannon submitted an article, Ethical Challenges in Texas Criminal Proceedings Involving Defendants with Mental Illness, which will be published in Book 1, Volume 55, of the Texas Tech Law Review; the article is an expansion on his presentation at the April 2022 Texas Tech Law Review Mental Health Law Symposium.
8. Gerry W. Beyer, Beyer’s Texas Property Code Annotated with Related Texas Law (2022 ed.).

Citations

1. Prof. Dustin B. Benham’s article Dirty Secrets: The First Amendment in Protective-Order Litigation was cited in the following article: Kate M. Buerer, The Sex-Trafficked Plaintiff’s True Identity in Civil Suits: Pre-trial Protective Orders, 16 Liberty U. L. Rev. 451 (2022).
2. Prof. Bryan T. Camp’s article Taxation of Electronic Gaming was cited in the following article: Adam B. Thimmesch, Tax, Incorporated: Dynamic Incorporation and the Modern Fiscal State, 54 Ariz. St. L.J. 179 (2022).
3. Prof. Richard Murphy’s article Enhancing the Role if Public Interest Organizations in Rulemaking via Pre-Notice Transparency was cited in the following article: David A. Simon, Off-Label Innovation,56 Ga. L. Rev. 701 (2022).
4. Prof. DeLeith D. Gossett’s article Take Off the [Color] Blinders: How Ignoring the Hague Convention’s Subsidiarity Principle Furthers Structural Racism Against Black American Children was cited in the following article: Leslie P. Culver, (Un)wicked Analytical Frameworks and the Cry for Identity, 21 Nev. L.J. 655 (2022).
5. Prof. Gerry W. Beyer’s article Technology’s Impact on the Changing Future of the Trusts and Estate Practice was cited in the following article: Lincoln Davies, Karrugan Bork, Sarah Krakoff, et al., Roundtable Two: Environmental Law Education: New Techniques in the Classroom and Beyond, 46 Vt. L. Rev. 575 (2022).
6. Prof. Jarod S. Gonzalez’s publication Employment Discrimination: A Context and Practice Casebook was cited in the following article: Schuyler Frashier, A Tale of Two Procedure: Federal and Illinois Pleading Requirements, 46 S. Ill. U. L.J. 589 (2022).
7. Prof. Willian R. Casto’s article “Dear Sister Antillico…”: The Story of Kirksey v. Kirksey was cited in the following article: Chaumtoli Huq, Integrating a Racial Capitalism Framework into First-Year Contracts: A Pathway to Anti-Capitalist Lawyering, 35 J. Civ. Rts. & Econ. Dev. 181 (2022).
8. Prof. Gerry W. Beyer’s publication Texas Probate Code with Commentary was cited in the following publication: Michael S. Browning, Dying with a LWT Under Texas Law, Oil, Gas and Min. Title Exam. Course (2022).
9. Prof. Victoria Sutton’s article Planetary Protection and Regulating Human Health: A Risk that is Not Zero was cited in the following article: Chase Hamilton, Space and Existential Risk: The Need for Global Coordination and Caution in Space Development, Duke L. & Tech. Rev. (2022).
10. Prof. Richard D. Rosen’s article Deterring Pre-Viability Abortions in Texas Through Private Lawsuits was cite din the following article: Michael T. Morley, Constitutional Tolling and Preenforcement Challenges to Private Rights of Action, 97 Notre Dame L. Rev. 1825 (2022).
11. Prof. Brie D. 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: Sara A. Colangelo, Forging Complete Justice: Equitable Relief in Environmental Enforcement, 46 Harv. Envtl. L. Rev. 315 (2022).
12. Prof. Richard Murphy’s article Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons was cited in the following article: Daniel Kim, Robert L. Glicksman, & Keziah Growth-Tuft, Judicial Review of Scientific Uncertainty in Climate Change Lawsuits: Deferential and Nondeferential Evaluation of Agency Factual and Policy Determinations, 46 Harv. Envtl. L. Rev. 367 (2022).
13. Prof. Victoria Sutton’s article Harnessing Wind is Not (by Nature) Environmentally Friendly was cited in the following article: Erika Bosack, Incidental Take Under the Migratory Bird Treaty Act and How to Share the Skies, 46 Wm. & Mary Envtl. L. & Pol’y Rev. 833 (2022).
14. Associate Dean Wendy Adele Humphrey’s article “Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard was cited it the following article: Gillian R. Chadwick, Time’s Up for Attorney-Client Sexual Violence, 22 U. Md. L.J. Race, Religion, Gender & Class 76 (2022).
15. Prof. Bryan T. Camp’s article A Brief Analysis of Governor Palin’s Tax Returns for 2006 and 2007 was cited in the following article: Joshua D. Blank, Presidential Tax Transparency, 40 Yale L. & Pol’y Rev. 1 (2021).
16. Prof. Larry R. Spain’s article Alternative Dispute Resolution for the Poor: Is It an Alternative was cited in the following article: Diego A. Zambrano, Missing Discovery in Lawyerless Courts, 122 Colum. L. Rev. 1423 (2022).
17. Dean Jack Nowlin’s article The Judicial Restraint Amendment: Populist Constitutional Reform in the Spirit of the Bill of Rights was cited in the following article: David S. Ardia, A PROGRESSIVE FIRST AMENDMENT: Beyond the Marketplace of Ideas: Bridging Theory and Doctrine to Promote Self-Governance, 16 Harv. L. Pol’y Rev 265 (2022).

Quotes

1. Prof. Kimberley Harris was quoted in the following article: Colleges Navigate Confusing Legal Landscapes as New Abortion Laws Take Effect, N.P.R. (Jul. 19, 2022).
2. Prof. Kimberley Harris was quoted in the following article: We Asked College Health Centers How They’ll Deal With Abortion Restrictions. They Aren’t Saying, The Chronicle of Higher Education (Aug. 9, 2022).

News

1. Prof. Gerry Beyer’s publication REPTL Reporter was featured in Section Reports, 85 Tex. B. J. 526 (2022).
2. Prof. Alyson Outenreath’s article Use of Disregarded LLCs by I.R.C. §501(c)(3) Organizations Is a Trap for the Unwary in Certain States was highlighted in the following publication: Nancy Shurtz, Estate Planning, 49 Est. Plan. 30 (2022).
3. Prof. Gerry W. Beyer’s publication Rule Against Perpetuities was highlighted in the following publication: Nancy Shurtz, Estate Planning, 49 Est. Plan. 30 (2022).
4. For the 30^th consecutive year, Prof. Gerry W. Beyer was appointed as the Keeping Current—Probate editor for Probate & Property magazine, an official publication of the American Bar Association’s Section of Real Property, Trust and Estate Law.
5. Prof. Kimberly Harris was featured on Newsy “Morning Rush” segment, Aug. 22, 2022.
6. Prof. Brian Shannon was elected by the Big 12 Faculty Athletics Representatives as the Big 12’s delegate to the national 1A FAR Board of Directors. (Shannon previously served as President of this organization of FARs from the major athletics conferences from 2012-18.).
7. Prof. Brian Shannon presented on Mental Health Law at the Texas Criminal Defense Lawyers annual conference in San Antonio in June 2022.
8. Prof. Brian Shannon presented on Mental Health Law at the State Bar’s Advanced Criminal Law course in Dallas in July 2022.
9. Prof. Brian Shannon continued participation as part of a national work group of law professors, judges, and psychiatrists on developing new model standards for mental health law. The group’s final report, Model Legal Processes to Support Clinical Intervention for Persons with Serious Mental Illness & Pathways to Care: A Roadmap for Coordinating Criminal Justice, Mental Health Care, and Civil Court Systems to Meet the Needs of Individuals and Society, was released in August 2022. See  Model Legal Processes to Support Clinical Intervention for Persons with Severe Mental Illness FINAL 8.2022.pdf
10. Prof. Brian Shannon will present on Mental Health Issues in Mediation to the Dallas Bar Association’s ADR Section in September 2022.
11. Prof. Brian Shannon will present on Assisted Outpatient Treatment as a Tool for Diversion of Offenders at the national AOT conference in San Antonio in October 2022.
12. Prof. Brian Shannon will present on Assisted Outpatient Treatment at the November 2022 Texas Judicial Mental Health Summit in Grapevine.
13. Prof. Brian Shannon will present on Mental Health and Student-Athletes at the national Faculty Athletics Representatives Ass’n annual conference in Indianapolis in November 2022; and
14. Prof. Brian Shannon drafted several pieces of legislation on behalf of the Texas Judicial Mental Health Commission (JCMH) in his role as chair of the JCMH’s Legislative Committee for Criminal Law Issues; the bills will likely be filed in the January legislative session.
15. Prof. Alyson Outenreath was reappointed to the following positions: State Bar of Texas Tax Section Past Chair Advisory Board; State Bar of Texas Tax Section Council, Law School Representative; State Bar of Texas Tax Section, Law School Outreach Co-Chair; and State Bar of Texas Tax Section, Continuing Legal Education Vice Chair.
16. On September 1, 2022, Prof. Gerry W. Beyer was in San Antonio where he spoke at the Annual Meeting of the Texas College of Probate Judges. His presentation and accompanying article were entitled Recent Cases: Intestacy, Wills, Probate, & Trusts.