The Reporter

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

Book Chapters:

Jamie J. Baker, Managing Career Success: The Philosophy of a Millennial Leader’s Role in Millennial Leadership in Libraries (Hein 2018).

Articles:

1. Walter B. Huffman, In Memoriam: A Tribute to Professors Conboy, Eissinger, Hunt, Krahmer & Weninger—Pillars of Tech Law, 50 Tex. Tech L. Rev. 629 (2018).

2. Gerry W. Beyer (ed.), Keeping Current—Probate, Prob. & Prop., July/Aug. 2018, at 20-23.

3. Gerry W. Beyer, Recent Developments from the Texas Courts, Est. Plan. Dev. for Tex. Prof., June 2018, at 1.

4. Bryan Camp, Already Caught? The Truth Won’t Lower Your IRS Penalties, 2018 Law360 193-62 (2018).

5. Dustin B. Benham, Tangled Incentives: Proportionality and the Market for Reputation Harm, 90 Temp. L. Rev. 427 (2018).

6. Gerry W. Beyer, Reactions to Discretionary Trusts: An Update by Richard C. Ausness, 43 ACTEC L.J. 435 (2018).

7. Gerry W. Beyer, Living Trusts—Making a Wise Decision, Est. Plan. Stud., July 2018, at 1.

Op-Eds:

Arnold Loewy & Charles Moster, It’s Debatable: Should we expect an independent judiciary?, Lubbock Avalanche-J (July 22, 2018 6:37 a.m.), http://www.lubbockonline.com/opinion/20180722/its-debatable-should-we-expect-independent-judiciary.

Cited:

1. Prof. Rosen’s article Targeting Enemy Forces in the War on Terror: Preserving Civilian Immunity is cited in the following article: Noam Neuman, Challenges in the Interpretation and Application of the Principle of Distinction During Ground Operations in Urban Areas, 51 Vand. J. Transnat’l L. 807 (2018).

2. Prof. Beyer and Kerri M. Griffin’s article Estate Planning for Digital Assets is cited in the following article: Yael Mandel, Facilitating the Intent of Deceased Social Media Users, 39 Cardozo L. Rev. 1909 (2018).

3. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Anna Lvovsky, Fourth Amendment Moralism, 166 U. Pa. L. Rev. 1189 (2018).

4. Prof. Rosen’s article If Men Were Angels is cited in the following article: Paul J. Larkin, Jr., The Folly of Requiring Complete Knowledge of the Criminal Law, 12 Liberty U.L. Rev. 335 (2018).

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: McKaye Neumeister, Reviving the Power of the Purse: Appropriations Clause Litigation and National Security Law, 127 Yale L.J. 2512 (2018).

6. Prof. Black’s article Psst! Wanna Buy a Bridge? IP Transfers of Non-Existent Property is cited in the following article: Jon M. Garon, Ownership of University Intellectual Property, 36 Cardozo Arts & Ent. L.J. 635 (2018).

7. Prof. Metze’s article Death and Texas: The Unevolved Model of Decency is cited in the following article: James R. Acker, Snake Oil with A Bite: The Lethal Veneer of Science and Texas’s Death Penalty, 81 Alb. L. Rev. 751 (2018).

8. Prof. Cochran’s article It Takes Two to Tango!: Problems with Community Property Ownership of Copyrights and Patents in Texas is cited in the following article: Grecia Díaz Sánchez, Los Derechos Morales De Autor En Sucn. Acevedo v. Morales, 87 Rev. Jur. U.P.R. 631 (2018).

9. Prof. Loewy’s article Statutory Rape in a Post Lawrence v. Texas World is cited in the following article: Kathleen Houck, “Mistake of Age” as a Defense? Looking to Legislative Evidence for the Answer, 55 Am. Crim. L. Rev. 813 (2018).

10. Prof. Ross’s article The Negro National Anthem Controversy is cited in the following article: Cedric Merlin Powell, The Rhetorical Allure of Post-Racial Process Discourse and the Democratic Myth, 2018 Utah L. Rev. 523 (2018).

11. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Steven P. Grossman, Making the Evil Less Necessary and the Necessary Less Evil: Towards A More Honest and Robust System of Plea Bargaining, 18 Nev. L.J. 769 (2018).

12. Prof. Chiappinelli’s casebook Cases and Materials on Business Entities is cited in the following article: Carliss N. Chatman, The Corporate Personhood Two-Step, 18 Nev. L.J. 811 (2018).

13. Prof. Christopher’s article Will I Pass the Bar Exam?: Predicting Student Success Using LSAT Scores and Law School Performance is cited in the following article: Judith Welch Wegner, Law School Assessment in the Context of Accreditation: Critical Questions, What We Know and Don’t Know, and What We Should Do Next, 67 J. Legal Educ. 412 (2018).

14. Prof. Christopher’s article Will I Pass the Bar Exam?: Predicting Student Success Using LSAT Scores and Law School Performance is cited in the following article: Scott Johns, A Statistical Exploration: Analyzing the Relationship (If Any) Between Externship Participation and Bar Exam Scores, 42 Okla. City U.L. Rev. 281 (2018).

15. Prof. Soonpaa’s article Stress in Law Students: A Comparative Study of First-Year, Second-Year and Third-Year Students is cited in the following article: Olympia Duhart, The “F’ Word: The Top Five Complaints (and Solutions) About Formative Assessment, 67 J. Legal Educ. 531 (2018).

16. Prof. Watts’s article Tyranny by Proxy: State Action and the Private Use of Deadly Force is cited in the following article: James Weinstein, Free Speech and Domain Allocation: A Suggested Framework for Analyzing the Constitutionality of Prohibitions of Lies in Political Campaigns, 71 Okla. L. Rev. 167 (2018).

17. Prof. Beyer’s article Avoiding the Estate Planning “Blue Screen of Death”: Common Non-Tax Errors and How to Prevent Them is cited in the following article: Victoria J. Haneman, Everybody Dies, or, A Consideration of Simultaneous Death Statutes and the Struggles of the Self-Represented, 32 Notre Dame J.L. Ethics & Pub. Pol’y 221 (2018).

Quoted:

Prof. Tracy Pearl is quoted in the following article: Jeff Plungis, U.S. Auto-Safety Agency’s Defect Investigations at Historic Low, Consumer Reports (June 29, 2018), https://www.consumerreports.org/car-safety/us-auto-safety-agency-defect-investigations-at-historic-low-nhtsa/.

News:

1. Dean Sutton was a speaker at “Taking Legal Education Online: A Conference for Deans and Associate Deans,” at the Antonin Scalia School of Law, George Mason University, in Fairfax, Virginia. Dean Sutton was a presenter and panelist on the Online Courses: Best Practices and the Teaching Innovations panels. About 50 U.S. law schools were represented at the conference.

2. Dean Sutton was also presented with the Woman Filmmaker Award for the June 2018 competition of the Hollywood International Independent Documentary Awards. Her documentary, The Court Martial of Apache Kid, explores the actual court martial case through the authentic, never-before-published trial transcript from 1887. The film includes expert commentary from military lawyers, a military law historian, and perspectives from the descendants of the Apache Kid. A ceremony will be held for the award in Los Angeles, CA, in March 2019.

3. The American College of Trust and Estate Council Foundation has recently posted a Trust and Estate Talk featuring Professor Gerry W. Beyer and Virginia attorney Katherine Ramsey entitled State Law Pitfalls: Don’t Step in It When Your Client Steps Across State Lines. You may listen to this podcast by following this link: https://actecfoundation.org/podcasts/crossing-state-lines-with-estate-plan/.

4. At the State Bar of Texas annual meeting, Associate Dean Wendy-Adele Humphrey was sworn in as an at-large director on the SBOT Board of Directors. Among her appointments as a director, she will serve as a member of the overall Executive Committee for the State Bar of Texas and as the lead advisor to the Disability Issues Committee.

5. Associate Dean Wendy-Adele Humphrey has been appointed to a two-year term as a member of the New Member Outreach Committee and as a member of the One-Day Workshops Committee for the Legal Writing Institute (LWI). With nearly 3,000 members, LWI is the second largest organization of law professors in the nation.

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

Books:

1. 13-15 GERRY W. BEYER, WEST’S TEXAS FORMS—REAL PROPERTY (Supp. 2018).

Articles:

1. Victoria Sutton, Sovereignty in space?, Astrosociological Insights (Winter 2017).

2. Alyson Outenreath, Cheers! Ending Quill… What Can Be Learned from the Wine Industry, 48 N.M.L. Rev. 372 (2018).

3. Bryan T. Camp, Equitable Principles and Jurisdictional Time Periods, Part 2, 2018 TXN MAGAZINE 24-7 (2018).

4. Jamie J. Baker, 2018: A Legal Research Odyssey: Artificial Intelligence as Disruptor, 110(1) Law Lib. J. 5 (2018).

Op-Eds:

1. Arnold Loewy & Charles Moster, It’s Debatable: Should the U.S. build a border wall on its southern border?, LUBBOCK AVALANCHE-J. (June 3, 2018 10:25 am), http://www.lubbockonline.com/opinion/20180603/its-debatable-should-us-build-border-wall-on-its-southern-border.

2. Arnold Loewy & Charles Moster, It’s Debatable: Should victims of domestic violence continue to be granted US asylum?, LUBBOCK AVALANCHE-J. (June 24, 2018 6:15 am), http://www.lubbockonline.com/opinion/20180624/its-debatable-should-victims-of-domestic-violence-continue-to-be-granted-us-asylum.

Cited:

1.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: Steven Young, Changing Governance Models by Applying Blockchain Computing, 26 Cath. U.J.L. & Tech. 4 (2018).

2. Prof. Loewy’s article Rethinking Free Exercise of Religion After Smith and Boerne: Charting A Middle Course is cited in the following article: Martin Guggenheim, The (Not So) New Law of the Child, 127 Yale L.J. Forum 942 (2018).

3. An article written by Prof. Murphy & Sidney A. Shapiro entitled Politicized Judicial Review in Administrative Law: Three Improbable Responses is cited in the following article: Theresa M. Beiner, When Courts Run Amuck: A Book Review of Unequal: How America’s Courts Undermine Discrimination Law by Sandra F. Sperino and Suja A. Thomas (Oxford 2017), 5 Tex. A&M L. Rev. 391 (2018).

4. Prof. Murphy’s article The Limits of Legislative Control over the “Hard-Look” is cited in the following article: Harvard Law Review, The Presumption of Regularity in Judicial Review of the Executive Branch, 131 Harv. L. Rev. 2431 (2018).

5. Prof. Murphy’s article Separation of Powers and the Horizontal Force of Precedent is cited in the following article: Randy J Kozel, Precedent and Constitutional Structure, 112 NW. U. L. Rev. 789 (2018).

6. Two of Prof. Camp’s articles–The Failure of Adversarial Process in the Administrate State and Tax Administration as Inquisitorial Process and The Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998–are cited in the following article: Susannah Camic Tahk, The New Welfare Rights, 83 Brook. L. Rev. 875 (2018).

7. Dean Myhra’s article The Pharmacist’s Duty to Warn in Texas is cited in the following article: Paul Michael Roybal, Of Remand and Responsibility: Oakey v. May Maple Pharmacy and the Pharmacist’s Professional Standard of Care in New Mexico, 48 N.M.L. Rev. 491 (2018).

8. Prof. Spain’s article Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can be Ethically Incorporated into the Practice of Law is cited in the following section of the Iowa Rules of Professional Conduct: Limiting the scope of legal representation-Collaborative lawyering agreements, 16 Ia. Prac., Lawyer and Judicial Ethics § 5:2(c)(4) (June 2018 Update).

9. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Eric S. Fish, Against Adversary Prosecution, 103 Iowa L. Rev. 1419 (2018).

10. Prof. Loewy’s article Statutory Rape in a Post Lawrence v. Texas World is cited in the following article: Kathleen Houck, “Mistake of Age” As A Defense?: Looking to Legislative Evidence for the Answer, 55 Am. Crim. L. Rev. 813 (2018).

11. Prof. Sutton’s chapter in ADVANCING THE HUMAN RIGHT TO HEALTH entitled Emergencies, Disasters, Conflicts, and Human Rights is cited in the following article: Waseem Ahmad Qureshi, Untangling the Complicated Relationship between International Humanitarian Law and Human Rights Law in Armed Conflict, 6 Penn. St. J.L. & Int’l Aff. (2018).

12. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Richard M. Re, Fourth Amendment Fairness, 116 Mich. L. Rev. 1409 (2018).

13. Dean Nowlin’s article The Constitutional Illegitimacy of Expansive Judicial Power: A Populist Structural Interpretive Analysis is cited in the following article: Noah M. Kazis, American Unicameralism: The Structure of Local Legislatures, 96 Hastings L.J. 1147 (2018).

14. Prof.Christopher’s article (co-written by Katherine A. Austin & Darby Dickerson) entitled Will I Pass The Bar Exam?: Predicting Student Success Using LSAT Scores and Law School Performance is cited in the following article: Jennifer M. Cooper & Regan A. R. Gurung, Smarter Law Study Habits: An Empirical Analysis of Law Learning Strategies and Relationship with Law GPA, 62 St. Louis U.L.J. 361 (2018).

15. Prof. Chiappinelli’s book CASES AND MATERIALS ON BUSINESS ENTITIES is cited in the following article: Carliss N. Chatman, The Corporate Personhood Two-Step, 18 Nev. L.J. 811 (2018).

16. Prof. Loewy’s article The Fourth Amendment: History, Purpose, and Remedies is cited in the following article: Osagie K. Obasogie & Zachary Newman, The Futile Fourth Amendment: Understanding Police Excessive Force Doctrine Through an Empirical Assessment of Graham v. Connor, 112 NW. U.L. Rev. 1465 (2018).

17. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Steven P. Grossman, Making the Evil Less Necessary and the Necessary Less Evil: Towards a More Honest and Robust System of Plea Bargaining, 18 Nev. L.J. 769 (2018).

18. Prof. Henry’s article Paying-to-Play in Chapter 11 is cited in the following article: Matthew LaGrone, A Simplified “Benefit” Prong for Secured-Creditor Surcharges, 85 U. Chi. L. Rev. 1039 (2018).

19. Prof. Gonzalez’s article SOX, Statutory Interpretation, and the Seventh Amendment: Sarbanes-Oxley Act Whistleblower Claims and Jury Trials is cited in the following article: Lesley Chen, The SEC’s Forgotten Power of Exemption: How the SEC Can Receive Deference in Favor of Internal Whistleblowers Even When the Text Is Clear, 67 Emory L.J. 1043 (2018).

20. Prof. Drake’s article The Need for Experiential Legal Research Education is cited in the following article: Annalee Hickman Moser & Felicity Murphy, The Reference Assistant, 110 Law Libr. J. 59 (2018).

21. Prof. Rob Sherwin’s article #havewereallythoughtthisthrough?: Why Granting Trademark Protection to Hashtags Is Unnecessary, Duplicative, and Downright Dangerous is cited in the following article: Julia Anne Matheson & Meryl Bernstein, Trademarks as Hashtags, Not Hashtags as Trademarks, 93 Pat. Trademark & Copyright J. (BNA) 2366 (2018).

22. Prof. Brie Sherwin’s article Chocolate, Coca-Cola, and Fracturing Fluid is cited in Case study: Bisphenol-A, RODGERS ENVIRONMENTAL LAW, 2d. § 31:6 (June 2018 Update).

23. Prof. Rosen’s article Targeting Enemy Forces in the War on Terror: Preserving Civilian Immunity is cited in the following article: Colonel Noam Neuman, Challenges in the Interpretation and Application of the Principle of Distinction During Ground Operations in Urban Areas, 51 Vand. J. Transnat’l L. 807 (2018).

24. Prof. Christopher’s article Eye of the Beholder: How Perception Management Can Counter Stereotype Threat Among Struggling Law Students is cited in the following article: Russell A. McClain, Bottled at the Source: Recapturing the Essence of Academic Support As A Primary Tool of Education Equity for Minority Law Students, 18 U. Md. L.J. Race, Religion, Gender & Class 139 (2018).

25. Prof. Soonpaa’s article Using Composition Theory and Scholarship to Teach Legal Writing More Effectively is cited in the following article: Kenneth R. Swift, The Seven Principles for Good Practice in (Asynchronous Online) Legal Education, 44 Mitchell Hamline L. Rev. 105 (2018).

26. Prof. Ross’s article The Negro National Anthem Controversy is cited in the following article: Cedric Merlin Powell, The Rhetorical Allure of Post-Racial Process Discourse and the Democratic Myth, 2018 Utah L. Rev. 523 (2018).

Quoted:

1. Prof. Sutton is quoted in the following article: Mark Kauffman, Trump’s ‘Space Force’ is nothing new: Here’s what the military is already up to in orbit, MASHABLE (June 19, 2018), https://mashable.com/2018/06/19/space-force-donald-trump-military/#vx2ilupDZOqr.

News:

1. An article that Professor Gerry W. Beyer co-authored entitled The Fine Art of Intimidating Disgruntled Beneficiaries With In Terrorem Clauses, 51 SMU L. Rev. 225, 226–27 (1998), was cited by the Fourth District Appellate Court of Illinois in Illinois State Bar Ass’n Mut. Ins. Co. v. Leighton Legal Grp., LLC, No. 4–17–0548, 170548 2018 WL 2328597 (Ill. App. Ct. May 22, 2018).

2. On June 4, Professor Kyle Velte was a guest on KPCC’s Airtalk and discussed the implications of the Supreme Court’s recent Masterpiece Cakeshop decision. Audio of the program may be found here. Prof. Velte filed an amicus brief for the Respondents in this case, available to read here.

3. On June 8, Horn Professor Brian Shannon lead a CLE program in El Paso entitled Ethical & Practical Issues on Mental Health.

3. On June 9, Professor Gerry W. Beyer was one of the speakers at a plenary session at the 2018 AALS Workshop for New Law School Teachers entitled Teaching Techniques in Washington, D.C. Prof. Beyer was also lead a small group discussion on June 7 entitled Setting the Stage.

4. On June 13, Professor Gerry W. Beyer was the kick-off speaker for the 42nd Annual Advanced Estate Planning and Probate Course sponsored by the State Bar of Texas in Dallas. His topic and accompanying article was entitled Case Law Update discussing recent judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters, as well as an opinion of the United States Supreme Court issued on Monday.

5. Professor Brie Sherwin has been accepted into Texas Tech University’s Teaching Academy and has been added to the 2018-2019 SEALS New Scholars Committee.

6. Also having a busy June was Professor Jamie J. Baker, who last month was accepted into the TTU’s Texas Academic Leadership Academy, became a fellow in the 2018 AALL Leadership Academy, was elected the Southwestern Association of Law Libraries Treasurer, and was appointed Vice Chair of the LexisNexis Call for Papers Committee.

7. On June 23, Professor Gerry W. Beyer made a presentation for the Legal Education Committee of the American College of Trust and Estate Council at its Summer Meeting in Chicago, Illinois on how to use student response systems (both free and fee-based) in law school classes.

8. On June 28, Professor Gerry W. Beyer received notice from the American Bar Association that he was reappointed as the Keeping Current – Probate Editor for Probate and Property, a magazine published by the ABA’s Section of Real Property, Trust and Estate Law. Prof. Beyer has held this position since 1992.

In May 2018, the Law Library added the following new titles to the collection to support the research and curricular needs of our faculty and students.

BANKRUPTCY LAW

1. Ronald J. Mann, Bankruptcy and the U.S. Supreme Court (2017).

INTERNATIONAL LAW

2. Malcolm D. Evans, ed., International Law (2014).
3. Malcolm N. Shaw, International Law (2017).
4. Martin Dixon, Textbook on International Law (2013).

LEGAL EDUCATION

5. L. Dee Fink, Creating Significant Learning Experiences: An Integrated Approach to Designing College Courses (2013).
6. Peter Elbow, Embracing Contraries: Explorations in Learning and Teaching (1986).
7. Beth McMurtrie, The Future of Learning: How Colleges Can Transform the Educational Experience, (2018).
8. Peter C. Brown, Henry L. Roediger, and Mark A. McDaniel, Make It Stick: The Science of Successful Learning (2014).

TAXATION—FEDERAL

9. Keith Fogg, editor-in-chief, Effectively Representing Your Client Before the IRS: A Practical Manual for the Tax Practitioner with Sample Correspondence and Forms (2018).

All of these books 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.