The Reporter

In September 2018, 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

Starting in September 2018, new databases or other new electronic resources will be added along with a brief description and link to the new source.

New Books

BANKRUPTCY LAW

1. Shayna M. Steinfeld and Bruce R. Steinfeld, The Family Lawyer’s Guide to Bankruptcy: Forms, Tips, and Strategies (2018).

CONTRACTS

2. Edward Yorio and Steve Thel, Contract Enforcement: Specific Performance and Injunctions (2011).
3. Robert J. Spjut, Transaction Risk: A Legal Guide to Contractual Management Strategies (2018).

DISABILITY LAW

4. Elizabeth Kelley, ed., Representing People with Mental Disabilities (2018).

ESTATES AND TRUSTS

5. John F. Buckley, IV, ERISA Law Answer Book (2018).

FOOD AND DRUG LAW

6. Kenneth L. Dorsney, ed. in chief, Pre-ANDA Llitigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio (2018).

HEALTH LAW AND POLICY

7. Maureen McBrien and Bruce Hale, Assisted Reproductive Technology: A Lawyer’s Guide to Emerging Law and Science (2018).

INDIAN AND ABORIGINAL LAW

8. Kelly Gaines-Stoner, Mark C. Tilden, and Jack F. Trope, The Indian Child Welfare Act Handbook: A Legal Guide to the Custody and Adoption of Native American Children (2018).

LEGAL ANALYSIS AND WRITING

9. Texas Law Review, Texas Rules of Form: The Greenbook (2018).

LEGAL EDUCATION

10. Kathryne M. Young, How to be Sort of Happy in Law School (2018).
11. Peter C. Brown, Henry L. Roediger, and Mark A. McDaniel, Make it Stick: The Science of Successful Learning (2014).
12. Grant Wiggins and Jay McTighe, Understanding by Design (2005).

LEGAL PROFESSION

13. Shamika D. Dalton, et. al., Celebrating Diversity: A Legacy of Minority Leadership in the American Association of Law Libraries (2018).
14. Anthony C. Thompson, Dangerous Leaders: How and Why Lawyers Must be Taught to Lead (2018).
15. Ed Walters, ed., Data-Driven Law: Data Analytics and the New Legal Services (2019).
16. Steven A. Lauer and Kenneth L. Vermilion, The Value-Able Law Firm: Delivering Client-Focused, Higher-Value Legal Service for Clients and Law Firms (2018).

NONPROFIT ORGANIZATIONS

17. Bruce R. Hopkins and Jody Blazek, The Tax Law of Private Foundations (2018).

PRACTICE AND PROCEDURE

18. Gregory P. Joseph, Civil RICO: A Definitive Guide (2018).
19. David Ball, David Ball on Damages (2013).

TRADE SECRETS LAW

20. Brian M. Malsberger, et. al., Trade Secrets: A State-by-State Survey (2018).

All resources are available from the Law Library.  If you would like to check out any of these titles, 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.

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 September 1 to September 30, 2018.

Books

1. Gerald S. Reamey & Charles P. Bubany, Texas Criminal Procedure (12^th ed. 2018).

Op-Ed

1. Arnold Loewy & Charles Moster, It’s Debatable: Should the president pardon his former campaign adviser Manafort?, Lubbock Avalanche-J (Sept. 24, 2018 at 4:14 p.m.), http://www.lubbockonline.com/news/20180924/its-debatable-should-president-pardon-his-former-campaign-adviser-manafort.

Articles

1. Gerry W. Beyer, Keeping Current—Probate, 32 Prob. & Prop. 31 (2018).

2. Gerry W. Beyer, An Estate Planner’s Guide to the Uniform Partition of Heirs Property Act, Est. Plan. Dev. for Tex. Prof., Aug. 2018, at 1.

Citations

1. Prof. Loewy’s article Rethinking Government Neutrality Towards Religion Under the Establishment Clause: The Untapped Potential of Justice O’Connor’s Insight is cited in the following article: John M. Bickers, False Facts and Holy War: How the Supreme Court’s Establishment Clause Cases Fuel Religious Conflict, 51 Ind. L. Rev. 305 (2018).

2. Prof. Humphrey’s article Two-Stepping Around a Minor’s Constitutional Right to Abortion is cited in the following article: Haley Hawkins, Clearly Unconvincing: How Heightened Evidentiary Standards in Judicial Bypass Hearings Create an Undue Burden Under Whole Woman’s Health, 67 Am. U.L. Rev. 1911 (2018).

3. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State is cited in the following article: Nina Olson, The IRS Might Recover EITC Using its Newly Discovered Post-Processing Math Error Authority, but is it Constitutional?, TaxConnections (Sept. 14, 2018), https://www.taxconnections.com/taxblog/the-irs-might-recover-eitc-using-its-newly-discovered-post-processing-math-error-authority-but-is-it-constitutional/#.W5_YKPZFy3w.

4. Prof. Brie Sherwin’s article Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, and State Exceptionalism Failed Flint, Michigan is cited in the following article: Moriah Schmidt, Don’t Drink the Water: Why the Safe Drinking Water Act Failed Flint, 19 Vt. J. Envtl. L. 219 (2018).

5. Prof. Beyer’s article Will Contests—Prediction and Prevention is cited in the following article: Joseph A. Romano, No “Dead Giveaways”: Finding A Viable Model of Ante-Mortem Probate for New Jersey, 48 Seton Hall L. Rev. 1683 (2018).

6. Prof. Casto’s book Foreign Affairs and the Constitution in the Age of the Fighting Sail is cited in the following article: Scott Ingram, Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare in the United States, 9 J. Nat’l Security L. & Pol’y 483 (2018).

7. Prof. Casto’s article The Federal Courts’ Protective Jurisdiction over Torts Committed in Violation of the Law of Nations is cited in the following article: Oona A. Hathaway et. al., War Manifestos, 85 U. Chi. L. Rev. 1139 (2018).

8. Prof. Casto’s article The First Congress’s Understanding of Its Authority over the Federal Courts’ Jurisdiction is cited in the following article: Daniel D. Birk, The Common-Law Exceptions Clause: Congressional Control of Supreme Court Appellate Jurisdiction in Light of British Precedent, 63 Vill. L. Rev. 189 (2018).

9. Prof. Baker’s article 2018: A Legal Research Odyssey: Artificial Intelligence as Disruptor is cited in the following article: Jamie Pamela Rasmussen, Horseless Carriages with Buggy-Whip Holders: The Failure of Legal Citation Reform in the 1990s, 110 Law Libr. J. 221 (2018).

10. Prof. Baker’s article 2018: A Legal Research Odyssey: Artificial Intelligence as Disruptor is cited in the following article: Annalee Hickman Moser & Felicity Murphy, The Reference Assistant, 110 Law Libr. J. 59 (2018).

11. Prof. Casto’s book Foreign Affairs and the Constitution in the Age of the Fighting Sail is cited in the following article: David M. Golove & Daniel J. Hulsebosch, The Law of Nations and the Constitution: An Early Modern Perspective, 106 Geo. L.J. 1593 (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).

13. Prof. James’s article No Help for the Helpless: How the Law has Failed to Serve and Protect Persons Suffering from Alzheimer’s Disease is cited in the following article: Trevor Ryan & Wendy Bonython, Whose Fault in an Aging World?: Comparing Dementia-Related Tort Liability in Common Law and Civil Law Jurisdictions, 27 Wash. Int’l. L.J. 407 (2018).

Quotes

1. President of 1A FAR Prof. Brian Shannon was quoted in the following article: 1,199 with Undergraduate Degrees Playing Football This Season, Nat’l Football Found. (Sept. 5, 2018), https://footballfoundation.org/news/2018/9/4/1-187-with-undergraduate-degrees-playing-football-this-season.aspx.

2. Prof. Camp is quoted in the following article: Peter J. Reilly, Facade Easement Deduction Not Allowed- Not Real Property Interest and Not Perpetual, Forbes (Sept. 14, 2018 6:55 a.m.), https://www.forbes.com/sites/peterjreilly/2018/09/14/facade-easement-deduction-not-allowed-not-real-property-interest-and-not-perpetual/#2b664e361f97.

News

1. On September 4^th, Professor Alyson Drake presented on a panel at the Texas Tech main campus library entitled Government and Legal Information: Official and Authoritative Sources for Research. As Prof. Drake oft reminds us, You Can’t Write Without Research.

2. On September 6^th, Professor Robert Sherwin delivered a presentation to the 2018 Judicial Education Conference in Houston, Texas. The presentation was entitled Recent Developments in Anti-SLAPP Litigation. Read Prof. Sherwin’s most recent scholarship on the topic of anti-SLAPP statutes here.

3. On September 9^th, Professor Tracy Pearl discussed the Senate confirmation hearings for Judge Brett Kavanaugh’s nomination to the Supreme Court on the television program Talking Points with Bryan Mudd. Talking Points airs each Sunday morning at 11:30 a.m., and video of Prof. Pearl’s appearance can be found here.

4. On September 19^th, Professor Gerry W. Beyer spoke in Anchorage, Alaska at the Estate & Tax Planning CLE sponsored by the Alaska Chapter of the American College of Trust and Estate Counsel. Prof. Beyer’s innovative presentation and accompanying article were entitled Planning to Avoid Will/Trust Contests, Including Alaska’s Pre-Mortem Probate Statute.

5. Global information provider Wolters Kluwer has spotlighted Professor Eric Chiappinelli on its website this month. In a brief interview, we learn about his influences, motivations, and love of learning and teaching. Read the interview (and learn from his sage advice) here.

6. On September 28^th, Professor Tracy Pearl presented at Northwestern University’s Second Annual Junior Faculty Forum for Law and STEM in Chicago, IL. The talk was entitled Compensation at the Crossroads: Autonomous Vehicles & Alternative Victim Compensation Schemes. You can read Prof. Pearl’s paper, Fast & Furious: The Misregulation of Driverless Cars, here.

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

Books

1. Alex Wilson Albright & Dustin B. Benham, Texas Courts: A Survey (2018).

2. Gerry W. Beyer, Beyer’s Texas Property Code Annotated with Related Texas Law (2018).

3. Gerry W. Beyer, Modern Dictionary for the Legal Profession (4^th ed. 2018 Cum. Supp.).

Op-Ed

1. Arnold Loewy & Charles Moster, It’s Debatable: Has Trump tarnished the image of the presidency?, Lubbock Avalanche-J. (Aug. 19, 2018 at 6:43 a.m.), http://www.lubbockonline.com/opinion/20180819/its-debatable-has-trump-tarnished-image-of-presidency.

Articles

1. DeLeith Duke Gossett, The Client: How States Are Profiting from the Child’s Right to Protection, 48 U. Mem. L. Rev. 753 (2018).

2. Gerry W. Beyer, Potpourri, 56-3 REPTL Rep. 3 (2018).

3. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 56-3 REPTL Rep. 4 (2018).

4. Stephen T. Black, Do You Want Innovation and Jobs?: Repeal § 511, 57 Washburn L. J. 431 (2018).

Citations

1. Prof. Loewy’s article The Use, Nonuse, and Misuse of Low Value Speech is cited in the following article: Elizabeth Kirley & Marilyn McMahon, The Emoji Factor: Humanizing the Emerging Law of Digital Speech, 85 Tenn. L. Rev. 517 (2018).

2. Two of Prof. Casto’s articles—Attorney General Robert Jackson’s Brief Encounter with the Notion of Preclusive Presidential Power and Advising Presidents: Robert Jackson and the Destroyers-For-Bases Deal—are cited in the following article: Robert F. Bauer, The National Security Lawyer, in Crisis: When the “Best View” of the Law May Not Be the Best View, 31 Geo. J. Legal Ethics 175 (2018).

3. Prof. Beyer’s article Effect of Divorce on a Client’s Estate Plan is cited in the following article: Naomi R. Cahn, Revisiting Revocation Upon Divorce?, 103 Iowa L. Rev. 1879 (2018).

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: Holton Westbrook, Look Ma, No Hands: Providing Automated Vehicle Regulations and Precedents Inclusive of Disabled Individuals, 19 Tex. Tech Admin. L.J. 385 (2018).

5. Prof. James’s article Twenty-First Century Pirates of the Caribbean: How the Organization for Economic Cooperation and Development Robbed Fourteen CARICOM Countries of Their Tax and Economic Policy Sovereignty is cited in the following article: Lilian V. Faulhaber, The Trouble with Tax Competition: From Practice to Theory, 71 Tax L. Rev. 311 (2018).

6. Prof. Casto’s article The First Congress’s Understanding of Its Authority over the Federal Courts’ Jurisdiction is cited in the following article: Daniel D. Birk, The Common-Law Exceptions Clause: Congressional Control of Supreme Court Appellate Jurisdiction in Light of British Precedent, 63 Vill. L. Rev. 189 (2018).

7. The 2017-19 edition of Prof. Beyer’s Texas Estate Planning Statutes with Commentary is cited in the following article: Matthew Roland, Disregarding Donors and Tinkering with Texas Trusts: Judicial Modification of Restricted Charitable Gifts, 10 Est. Plan. & Community Prop. L.J. 375 (2018).

8. Prof. Murphy & Sidney A. Shapiro’s article Eight Things Americans Can’t Figure Out About Controlling Administrative Power is cited in the following article: Kristen van de Biezenbos, Negotiating Energy Democracy, 33 J. Land Use & Envtl. L. 331 (2018).

9. Two of Prof. Casto’s books, Foreign Affairs and the Constitution in the Age of the Fighting Sail and The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth, are cited in the following article: Scott Ingram, Presidents, Politics, and Pardons: Washington’s Original (Mis?)use of the Pardon Power, 8 Wake Forest J.L. & Pol’y 259 (2018).

10. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Bernard Chao, Catherine Durso, Ian Farrell, & Christopher Robertson, Why Courts Fail to Protect Privacy: Race, Age, Bias, and Technology, 106 Cal. L. Rev. 263 (2018).

11. Prof. Murphy’s article Punitive Damages, Explanatory Verdicts, and the Hard Look is cited in §§ 12:3 & 12:4 of the Illinois Civil Jury Instructions Companion Handbook (August 2018 Update).

Quotes

1. Prof Sally Henry is quoted in the following article: Sarah Self-Walbrick, Reagor-Dykes: What we know, what to expect and the impact it has, Lubbock Avalanche-J. (Aug. 12, 2018 at 1:01 a.m.), http://www.lubbockonline.com/news/20180812/reagor-dykes-what-we-know-what-to-expect-and-impact-it-has.

2. Prof. Sally Henry is quoted in the following article: Sarah Self-Walbrick, Reagor-Dykes bankruptcy: Difference between CRO and trustee, Lubbock Avalanche-J. (Aug. 13, 2018 at 6:26 p.m.), http://www.lubbockonline.com/news/20180813/reagor-dykes-bankruptcy-difference-between-cro-and-trustee.

News

1. On August 2, Professor Tracy Pearl presented her paper, Compensation at a Crossroads: Autonomous Vehicles and Alternative Victim Compensation Schemes, at the International Telecommunications Society annual conference at the University of Trento in Trento, Italy.

2. Professor Sutton’s short introductory video-lecture for her course, Nanotechnology Law, was selected for the Best Shorts Film Competition in the Educational category. You may view the video here.

3. On August 9 & 10, Professor Gerry Beyer was a discussant at three workshops at the Southeastern Association of Law Schools 2018 Annual Conference in Fort Lauderdale, FL:

• New Directions in Trusts and Estates Scholarship,
• Experiential Learning in Trusts & Estates—Clinics, Simulation Courses, 7 Field    Placements, and
• More than “Stiffs and Gifts”—Topic Coverage of a Modern Trusts & Estates Course

4. Dean Emeritus Walter B. Huffman was a keynote speaker at the Wyoming Civil Defense Lawyers annual conference on August 10. His presentation was entitled The Servicemembers Civil Relief Act (SCRA).

5. Professor Tracy Pearl was a guest on the podcast “Film Baby Film” discussing “All the President’s Men” and how Watergate compares (and does not compare) to current high-level investigations. The full episode is available on SoundCloud.

6. On August 14, Professor Gerry Beyer, along with esteemed Missouri attorney Robert Kirkland, presented a webinar entitled Cyber Estate Planning and Administration (Digital Asset Planning and Impact of Revised Uniform Fiduciary Access to Digital Assets Act), for the American Bar Association, Real Property, Trusts, and Estates Section’s Professor’s Corner program.