January 2019 Law Faculty Publications & News

Throughout the month of January, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for January 1 to January 31, 2019.

Books & Treatises


2. GERRY W. BEYER, TEXAS LAW OF WILLS (9 & 10 Tex. Prac.) (5th ed. 2019).


Book Chapters

1. Eric A. Chiappinelli, Jurisdiction over directors and officers in Delaware, IN RESEARCH HANDBOOK ON REPRESENTATIVE SHAREHOLDER LITIGATION (Sean Griffith ed., 2018).


1. Arnold H. Loewy, Religious Liberty Versus Rights of Others, 106 KY. L.J. 651 (2018).

2. Catherine Martin Christopher, Nevertheless She Persisted: Comparing Roe v. Wade‘s Two Oral Arguments, 49 SETON HALL L. REV. 307 (2019).

3. M. Alexander Pearl, Originalism and Indians, 93 TUL. L. REV. 269 (2018).

3. Gerry W. Beyer & Katherine V. Peters, Sign on the [Electronic] Dotted Line: The Rise of the Electronic Will, EST. PLAN. DEV. FOR TEX. PROF., Dec. 2018, at 1.

4. Jamie J. Baker, Keeping Up with New Legal Titles, 110:4 LAW LIBR. J. 550 (2018) (reviewing Safiya Umoja Noble, Algorithms of Oppression: How Search Engines Reinforce Racism (2018)).

5. Gerry W. Beyer, Estate Planning and Probate Law, 82 TEX. B.J. 34 (2019).

6. Gerry W. Beyer (ed.), Keeping Current—Probate, PROB. & PROP., Jan./Feb. 2018, at 28-31.

7. Gerry W. Beyer, Potpourri, 57-1 REPTL Reporter 3 (2019).

8. Gerry W. Beyer, Intestacy, Wills, Estate Administration, and Trusts Update, 57-1 REPTL Reporter 4 (2019).


1. Prof. Baker’s article Beyond the Information Age: The Duty of Technology Competence in the Algorithmic Society is cited extensively throughout the following article: Drew Simshaw, Ethical Issues in Robo-Lawyering: The Need for Guidance on Developing and Using Artificial Intelligence in the Practice of Law, 70 HASTINGS L.J. 173 (2018).

2. Prof. Shannon’s article The Revised NCAA Division I Governance Structure After Three Years: A Scorecard is cited in the following article: Marsha Durr, The Tipping Point: Mayhem in College Sports Requires Congress to Finally Intervene in NCAA Governance, 8 ARIZ. ST. SPORTS & ENT. L.J. 26, 62 (2018).

3. Prof. Loewy’s article The Fourth Amendment as a Device for Protecting the Innocent is cited in the following article: Craig Ettinger, Does the History Behind the Adoption of the Fourth Amendment Demand Abolishing the Third-Party Doctrine?, 29 GEO. MASON U. CIV. RTS. L.J. 1 (2018).

4. Prof. James’s book THE ALZHEIMER’S ADVISOR: A CAREGIVER’S GUIDE TO DEALING WITH THE TOUGH LEGAL AND PRACTICAL ISSUES is cited as a resource in the following article: David Breakfield, Speaking Volumes: Here’s how you can learn more about Alzheimer’s, a disease without boundaries, BRADENTON HERALD (Jan. 11, 2019 at 10:18 a.m.), available at https://www.bradenton.com/living/article224220940.html.

5. Prof. Loewy’s article The Fourth Amendment: History, Purpose, and Remedies is cited in the following article: Lawrence Rosenthal, An Empirical Inquiry into the Use of Originalism: Fourth Amendment Jurisprudence During the Career of Justice Scalia, 70 HASTINGS L.J. 75 (2018).

6. 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: Gary J. Simson, Permissible Accommodation or Impermissible Endorsement? A Proposed Approach to Religious Exemptions and the Establishment Clause, 106 KY. L.J. 535 (2018).

7. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds is cited in the following article: Eli Cole, Cryptocurrency and the S 1031 Like Kind Exchange, 10 HASTINGS SCI. & TECH. L.J. 75 (2019).

8. Prof. Beyer’s blogpost entitled 10 Mistakes to Avoid in Your Will is cited extensively throughout the following article: Janet Colliton, PLANNING AHEAD: 10 mistakes in drafting your will, THE REPORTER (Jan. 8, 2019), available at https://www.thereporteronline.com/business/planning-ahead-mistakes-in-drafting-your-will/article_af4f1d43-5a64-5b61-a47b-fa46b04aeca7.html.

9. Prof. Beyer’s article Sign On The [Electronic] Dotted Line is cited in the following article: Ashlea Ebeling, Electronic Wills Are Coming Whether Lawyers Like It Or Not, FORBES (Jan. 17, 2019 at 9:49 a.m.), available at https://www.forbes.com/sites/ashleaebeling/2019/01/17/electronic-wills-are-coming-whether-lawyers-like-it-or-not/#2674077071df.

10. Prof. Beyer’s article Digital Assets: The Basics of Cyberspace Estate Planning is cited in the following article: Mary F. Radford, Wills, Trusts, Guardianships, and Fiduciary Administration, 70 MERCER L. REV. 275 (2018).

11. 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: Neil Hamilton, Leadership of Self: Each Student Taking Ownership over Continuous Professional Development/self-Directed Learning, 58 SANTA CLARA L. REV. 567 (2018).

12. Prof. Alex Pearl’s article Of “Texans” and “Custers”: Maximizing Welfare and Efficiency Through Informal Norms is cited in the following article: Jocelyn Simonson, The Place of “The People” in Criminal Procedure, 119 COLUM. L. REV. 249 (2019).

13. Prof. Murphy’s article Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look” is cited in the following article: Daniel E. Walters, The Self-Delegation False Alarm: Analyzing Auer Deference’s Effects on Agency Rules, 119 COLUM. L. REV. 85 (2019).

14. Prof. Loewy’s article The Cowboy and the Cop: The Saga of Dudley Hiibel, 9/11, and the Vanishing Fourth Amendment is cited in the following article: Wayne A. Logan, Policing Police Access to Criminal Justice Data, 104 IOWA L. REV. 619 (2019).

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: Viviana I. Vasiu, Law and Poetry: A Fresh Perspective on Training Today’s Law Students, Tomorrow’s Advocates, 54 GONZ. L. REV. 1 (2019).


1. Prof. Camp is quoted extensively throughout the following article: Vidya Kauri, IRS Faces Automated Penalties Dilemma as Tax Season Starts, 2019 LAW360 28-198.

2. Prof. Beyer is quoted in the following article: Correy Stephenson, N.C. tax dispute heads to U.S. Supreme Court, N.C. LAWYERS WEEKLY (Jan. 29, 2019), available at https://nclawyersweekly.com/2019/01/29/n-c-tax-dispute-heads-to-u-s-supreme-court/.

3. Prof. Camp is quoted in the following article: Vidya Kauri, Worries Persist About IRS Penalties Issued During Shutdown, 2019 LAW360 30-156.


1. On January 4, Professor Jamie Baker spoke to the AALS Law Libraries and Legal Information Section Luncheon on the topic of Artificial Intelligence and Legal Research.

2. On January 7th, Professor Tracy Pearl was the featured guest on the LAWsome podcast. The episode is entitled “The Torts of Tomorrow.” Listen here.

3. In 2018, Professor Bryan Camp boasted eight of the top ten most-viewed tax posts on TaxProf Blog. Complete list here.

4. On January 25th, Professor Jamie Baker spoke on The Duty of Technology Competence in the Algorithmic Society at the West Texas Bankruptcy Bar Luncheon.

5. Professors Tracy Pearl and Brie Sherwin each received a Chancellor’s Council Distinguished Teaching and Research Award for 2019. The thirteen recipients of the award, designed to recognize faculty members for teaching excellence, each receive a medallion and a $5,000 stipend.

5. On January 26th, Professor Gerry Beyer was unanimously reelected to the coveted position as the Editor-in-Chief of the REPTL Reporter, the official publication of the Real Estate, Probate, and Trust Law Section of the State Bar of Texas. REPTL is the largest section of the Texas Bar with over 9,200 members.

6. On January 27th, Professor Tracy Pearl presented her paper Compensation at the Crossroads: Autonomous Vehicles and Alternative Victim Compensation Schemes at the multidisciplinary Artificial Intelligence, Ethics, and Society 2019 Conference in Honolulu, Hawai’i.

7. On January 28th, Professor Bryan Camp was a featured speaker in a webinar held by the American Bar Association entitled How to advise taxpayers during the government shutdown. The panel discussed the impact of the government shutdown on the 2019 filing season and offered best practices for working with taxpayers during the lapse in appropriations.

8. On January 29th, Professor Gerry Beyer was an invited speaker at the Judicial Orientation for New County Judges sponsored by the Texas Association of Counties in Lubbock. His presentation was entitled Probate Overview and was attended by approximately 100 new and current county court judges.

SCOTUS Online Tools: The Supreme Court Mapping Project

This is the second in a four part series highlighting Supreme Court online tools.  Each segment of this series will introduce a different online tool relating to the Supreme Court.

The second tool that will be highlighted is the Supreme Court Mapping Project.  This tool is a project run by the University of Baltimore School of Law and  “is an ongoing and collaborative research venture that uses original software technology to enhance teaching, learning, and scholarship about Supreme Court doctrine.” This tool can be conveniently accessed here.

Below is what the homepage looks like.


This tool includes many useful features. Of note is the “Online Mapping Tool”, shown below, this tool allows users to create their own “network” of Supreme Court jurisprudence to see the relation between different cases and doctrines on a convenient timeline.


The next tool included from the homepage is the “4th Amendment Atlas”, this tool provides a compilation of maps that trace various doctrines relating to the fourth amendment.  With this tool, there is no need to create a network, as that work has already been done for you.  See below for more details.


The 2015 and 2014 Term cases provide network resources for cases decided during this period. Finally, this site provides access to various other pre-made networks and is a handy tool when researching specific topics or Supreme Court cases as it gives a holistic view and literally a map of the progress and connections across various dates, topics, and cases.

SCOTUS Online Tools: @Big_Cases

This is the first in a four part series highlighting Supreme Court online tools.  Each segment of this series will introduce a different online tool relating to the Supreme Court.

The first tool that will be highlighted is a Twitter feed: @Big_Cases.  This tool is a big cases bot that gives “real time updates on the latest filings in major cases in U.S. district courts and the U.S. Supreme Court.” This tool can be conveniently accessed here.

Below is what the homepage looks like.


This tool includes hyperlinks to articles, lists, and actual filings.  Users can also see what is happening within the feed by clicking on “Tweets & replies”. Below is the result when a user clicks “Tweets & replies” from the homepage.


Finally, by clicking “Media”, users are able to directly see tweets relating purely to filing.  Here, users can also click on the filings to be redirected to the full document.


Be sure to click “follow” at the top right hand corner to stay up-to-date on all current issues and cases before the Supreme Court!

December 2018 New Resources

2018 dec new book

In December 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

Foreign  International Law Resources Database (Part VII:  International Human Rights Law Institute) – Contained within HeinOnline, the International Human Rights Law Institute is the newest section of this vast database focusing on foreign and international legal material.  Part VII contains publications from the International Human Rights Law Institute. Topics within this section include information on sex trafficking, Middle East legal issues, and international extradition among others.

New Books


  1. Joseph F. Hoelscher, Texas Drunk Driving Law (2017).


  1. Christopher M. Norris, The Complete Guide to Stretching (2015).


  1. Shambie Singer, Statutes and Statutory Construction (2018).


  1. Judge Robert R. Barton, Fundamentals of Texas Trial Practice: Civil and Criminal (2018).

All these 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 stop by the Circulation Desk.

All electronic databases are available through the Library’s webpage, http://www.depts.ttu.edu/law/lawlibrary/index.php

Error of the Day & Maintaining Integrity of Algorithmic Results

If you’re into algorithms, you should absolutely subscribe to the MIT Technology Review newsletter called The Algorithm.

Earlier this month, the folks at The Algorithm asked “what is AI, exactly?” The answer is reproduced below.

The question may seem basic, but the answer is kind of complicated. In the broadest sense, AI refers to machines that can learn, reason, and act for themselves. They can make their own decisions when faced with new situations, in the same way that humans and animals can.

As it currently stands, the vast majority of the AI advancements and applications you hear about refer to a category of algorithms known as machine learning. These algorithms use statistics to find patterns in massive amounts of data. They then use those patterns to make predictions on things like what shows you might like on Netflix, what you’re saying when you speak to Alexa, or whether you have cancer based on your MRI.

Machine learning, and its subset deep learning (basically machine learning on steroids), is incredibly powerful. It is the basis of many major breakthroughs, including facial recognitionhyper-realistic photo and voice synthesis, and AlphaGo, the program that beat the best human player in the complex game of Go. But it is also just a tiny fraction of what AI could be.

The grand idea is to develop something resembling human intelligence, which is often referred to as “artificial general intelligence,” or “AGI.” Some experts believe that machine learning and deep learning will eventually get us to AGI with enough data, but most would agree there are big missing pieces and it’s still a long way off. AI may have mastered Go, but in other ways it is still much dumber than a toddler.

In that sense, AI is also aspirational, and its definition is constantly evolving. What would have been considered AI in the past may not be considered AI today. 

Because of this, the boundaries of AI can get really confusing, and the term often gets mangled to include any kind of algorithm or computer program. We can thank Silicon Valley for constantly inflating the capabilities of AI for its own convenience.

It’s good to be reminded of this definition as we contend with the latest releases of the legal research databases as the databases continuously tweak their underlying algorithms — the latest being Westlaw Edge.

With Westlaw Edge comes a revised “WestSearch Plus.”

Introducing the next generation of legal search. Get superior predictive research suggestions as you start typing your legal query in the global search bar.

WestSearch Plus applies state-of-the-art AI technologies to help you quickly address legal questions for thousands of legal topics without needing to drill into a results list.

We’re starting to see a time when the Google Generation is already predisposed to not drill into a results list and now the databases are actively advocating for the users to blindly rely on the top result in the list.

Along with the consequences of fake news on algorithmic results when using Google, for example, we must also be aware of the errors within the legal research databases themselves. To that end, a fellow law librarian, Mary Matuszak, has been collecting the errors that she finds during the legal research process in the various databases and distributes them via the Law-Lib listerv as “Error of the Day.”

From October 30, 2018:

Error of the Day  A  Lexis typo (possibly scanning error) in  Excessiveness of Bail in State Cases, 7 A.L.R.6th 487.   The following group of letters is used six times throughout the document, CocainesepBail.   A quick look at the Westlaw version shows that it should be Cocaine – Bail

From November 5, 2018:

In the Case People v Kindell, 148 AD3d 456 (1st Dept 2017), Susan Axelrod is listed as both the counsel for the Appellant and the Respondent.   The official version, the print, does not list the attorneys.


I confirmed with ADA Axelrod that she did not represent the defendant and opposing counsel was not someone with the same name.   I also checked the defendant’s brief and it lists Ms. Moser as counsel.

While these errors are seemingly minute individually, the consequences are greater in the aggregate.

My own mentor, a law librarian who had been in the profession for 40 years, kept a print file of the errors that he found in the databases while performing legal research. The file was overflowing by the time I saw it roughly 3 years before his retirement.

Because an algorithm’s results are only as good as the underlying data, as we move toward an algorithmic society that relies heavily on algorithmic decision making, these errors could have consequences on the development of the law.

December 2018 Law Faculty Publications & News

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

Books & Treatises

  1. GERRY W. BEYER, PROBATE AND DECEDENTS’ ESTATES (17 & 18 Tex. Prac.) (2018-2019 Supplement).
  1. GERRY W. BEYER, MARITAL PROPERTY AND HOMESTEADS (38 & 39 Tex. Prac.) (2018-2019 Supp.).


  1. Tracy Hresko Pearl, Hands on the Wheel: A Call for Greater Regulation of Semi-Autonomous Cars, 93 Ind. L.J. 713 (2018).
  1. M. Alexander Pearl, Human Rights, Indigenous Peoples, and the Global Climate Crisis, 53 Wake Forest L. Rev. 713 (2018).


  1. Arnold Loewy & Charles Moster, It’s Debatable: Was Trump right to fire AG Jeff Sessions?, LUBBOCK AVALANCHE-J. (Dec. 1, 2018 at 10:08 p.m.), https://www.lubbockonline.com/news/20181201/its-debatable-was-trump-right-to-fire-ag-jeff-sessions.


  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: Huang-Chih Sung, When Open Source Software Encounters Patents: Blockchain as an Example to Explore the Dilemma and Solutions, 18 J. Marshall Rev. Intell. Prop. L. 55 (2018).
  1. Prof. Beyer is cited in the following case: Weed v. Frost Bank, No. 04-17-00811-CV, 2018 WL 5927987 (Tex. App.—San Antonio Nov. 14, 2018, no pet. h.), citing 38 Aloysius A. Leopold & Gerry W. Beyer, Texas Practice: Marital Property & Homesteads § 14.12 (1993 & Supp. 2017-18) at *9 and *11 dealing with the determination of whether property should be classified as separate or community.
  1. Prof. Casto’s article The Origins of Federal Admiralty Jurisdiction in an Age of Privateers, Smugglers, and Pirates is cited in the following article: Andrew Kent, Piracy and Due Process, 39 Mich. J. Int’l L. 385 (2018).
  1. Prof. Rosen’s article Disciplinary Sanctions Against Prosecutors for Brady Violations: A Paper Tiger is cited extensively throughout the following article: Timothy C. Harker, Faithful Execution: The Persistent Myth of Widespread Prosecutorial Misconduct, 85 Tenn. L. Rev. 847 (2018).
  1. Prof. Christopher’s article Putting Legal Writing on the Tenure Track: One School’s Experience is cited in the following article: David Thomson, A Wound, A Chasm, or Both? The Doctrine-Skills Divide: Legal Education’s Self-Inflicted Wound, 15 Legal Comm. & Rhetoric: JALWD 305 (2018).
  1. Prof. Rob Sherwin’s article Evidence: We Don’t Need No Stinkin’ Evidence: How Ambiguity in Some States’ Anti-SLAPP Laws Threaten to De-Fang a Popular and Powerful Weapon Against Frivolous Litigation is cited in the following article: Robert Sprague, Slapped by Rico: Corporations Punishing Social Activism, 55 Am. Bus. L.J. 763 (2018).
  1. Prof. Spain’s article Alternative Dispute Resolution for the Poor: Is it an Alternative? Is cited in the following article: Jacqueline Nolan-Haley, Does Adr’s “Access to Justice” Come at the Expense of Meaningful Consent?, 33 Ohio St. J. on Disp. Resol. 373 (2018).
  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: Jean Bacon et. al., Blockchain Demystified: A Technical and Legal Introduction to Distributed and Centralised Ledgers, 25 Rich. J.L. & Tech. 2 (2018).
  1. Prof. Alex Pearl’s article Human Rights, Indigenous Peoples, and the Global Climate Crisis is cited in the following article: John H. Knox, The Past, Present, and Future of Human Rights and the Environment, 53 Wake Forest L. Rev. 649 (2018).
  1. Prof. Spain’s article The Opportunities and Challenges of Providing Equal Access to Justice in Rural Communities is cited in the following article: Rebecca Nieman, A Fraction of A Percent: A Call to Legal Service Providers to Increase Assistance to Community Nonprofits Using Biglaw Pro Bono, 40 U. Ark. Little Rock L. Rev. 355 (2018).
  1. Prof. Murphy’s article The Limits of Legislative Control over the “Hard-Look” is cited in the following article: Maria Ponomarenko, Administrative Rationality Review, 104 Va. L. Rev. 1399 (2018).
  1. Prof. Murphy’s article Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons is cited in the following article: Maria Ponomarenko, Administrative Rationality Review, 104 Va. L. Rev. 1399 (2018).
  1. Prof. Casto’s book Foreign Affairs and the Constitution in the Age of the Fighting Sail is cited in the following article: Scott Ingram, “(Perhaps) the Principle Is Established”: The Senate, George Washington, and the Ambiguous Origins of Executive Privilege, Kan. J.L. & Pub. Pol’y 1 (2018).
  1. Prof. Henry’s article Chapter 11 Zombies is cited in the following article: Melissa B. Jacoby, Corporate Bankruptcy Hybridity, 166 U. Pa. L. Rev. 1715 (2018).
  1. Prof. Chiappinelli’s article How Delaware’s Corporate Law Monopoly Was Nearly Destroyed is cited in the following article: Brandon Mordue, The Revlon Divergence: Evolution of Judicial Review of Merger Litigation, 12 Va. L. & Bus. Rev. 531 (2018).
  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: Nathan Fulmer, Exploring the Legal Issues of Blockchain Applications, 52 Akron L. Rev. 161 (2018).
  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: James Étienne Viator, A.N. Yiannopoulos: Louisiana’s Great Overlooked Legal Historian, 64 Loy. L. Rev. 441 (2018).


  1. Prof. Tracy Pearl is quoted extensively throughout the following article: David H. Freeman, How Autonomous Vehicles Will Transform Cities and Suburbs by Ending Traffic Jams, Parking Problems and Road Rage, NEWSWEEK (Dec. 6, 2018 at 2:39 p.m.), https://www.newsweek.com/2018/12/14/how-autonomous-vehicles-will-transform-cities-and-suburbs-ending-traffic-jams-1247728.html.
  1. Prof. Pat Metze is quoted in the following article: How Lubbock became the model for indigent defense in Texas, SAN ANTONIO EXPRESS-NEWS (Dec. 18, 2018 at 10:38 a.m.), https://www.mysanantonio.com/opinion/editorials/article/How-Lubbock-became-the-model-for-indigent-defense-13467686.php.


  1. Professors Gerry Beyer, Brian Shannon, and Richard Rosen were each awarded an Assessment Innovation Grant award from Texas Tech University’s Office of Planning & Assessment. This award is available to faculty and staff who are actively engaged in assessment activities within their department.
  1. On December 15, San Angelo native and Angelo State University alum Dean Jack Nowlin served as ASU’s fall commencement speaker.
  1. The American College of Trust and Estate Counsel is a national organization of approximately 2,500 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence, and experience as trust and estate counselors. In addition to his service as one of the elite members (Regent) of ACTEC’s governing board, Professor Gerry Beyer was notified by the president of ACTEC that he has been appointed to the following committees for the upcoming year:
  • Academic Membership Committee
  • Digital Property Committee
  • Legal Education Committee
  • Program Committee
  • State Laws Committee
  1. Professor Brie Sherwin was interviewed by Prof. Tracy McGaugh Norton for the Legal Writing Institute’s LWI Lives December newsletter. Learn about what drives her scholarship, and what her least favorite noise on Earth is, here.