The Reporter

Throughout July 2017, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for July 1 to July 31, 2017.

Articles:
1. Alyson M. Drake, You Can’t Write Without Research: The Role of Research Instruction in the Upper-Level Writing Requirement, 18 FLA. COASTAL L. REV. 167 (2017).

2. Brian D. Shannon, Competency, Ethics, and Morality, 49 TEX. TECH L. REV. 861 (2017).

3. Gerry W. Beyer, Estate Planning Highlights of the 2017 Texas Legislature (July 19, 2017). Available at SSRN: https://ssrn.com/abstract=3005715.

Cited:
1. Prof. Gonzalez’s article At the Intersection of Religious Organization Missions and Employment Laws: The Case of Minister Employment Suits was cited in the following article: Jeremy D.F. Krahn, Constitutional Law: If These Walls Could Talk: Giving Undue Deference to Religious Actors by Expanding the Ecclesiastical Abstention Doctrine-Pfeil v. St. Matthews Evangelical Lutheran Church of Unaltered Augsburg Confes, 43 MITCHELL HAMLINE L. REV. 304 (2017).

2. Prof. Casto’s article A Post of Great Legal Power and Even Greater Moral Influence was cited in the following article: Gregory G. Garre, On Lawyers and Leadership in Government: Lessons from “America’s Advocate,” Robert H. Jackson, 69 STAN. L. REV. 1795 (2017).

3. Prof. Casto’s textbook FOREIGN AFFAIRS AND THE CONSTITUTION IN THE AGE OF FIGHTING SAIL was cited in the following article: Matthew Steilen, The Josiah Philips Attainder and the Institutional Structure of the American Revolution, 60 HOW. L.J. 413 (2017).

4. Prof. Metze’s article Plugging the School to Prison Pipeline by Addressing Cultural Racism in Public Education Discipline was cited in the following article: Professor Scott Holmes, Resisting Arrest and Racism – the Crime of “Disrespect”, 85 UMKC L. REV. 625 (2017).

5. Prof. Loewy’s article Police Obtained Evidence and the Constitution: Distinguishing Unconstitutionally Obtained Evidence from Unconstitutionally Used Evidence was cited in the following article: Joëlle Anne Moreno, Flagrant Police Abuse: Why Black Lives (Also) Matter to the Fourth Amendment, 21 BERKELEY J. CRIM. L. 36 (2016).

6. Prof. 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: Jasmine B. Gonzales Rose, Toward a Critical Race Theory of Evidence, 101 MINN. L. REV. 2243 (2017).

7. Dean Sutton’s article American Indian Law—Elucidating Constitutional Law was cited in the following article: Angela Melville, Educational Disadvantages and Indigenous Law Students: Barriers and Potential Solutions, 4(2) ASIAN J. OF LEGAL EDUC. 1 (2017).

8. Prof. Watts’s article Fairness and Utility in Products Liability: Balancing Individual Rights and Social Welfare was cited in the following comment: Zachary M. DuGan, 3-D Printing & Products Liability Law: Are Individuals Printing Themselves into Strict Products Liability?, 26 WIDENER L.J. 187 (2017).

9. Prof. Beyer’s work with the late Prof. Kenneth R. Redden on MODERN DICTIONARY FOR THE LEGAL PROFESSION was cited by Urban environment and cultural heritage, 2 COMPARATIVE ENVIRONMENTAL LAW & REGULATION § 35:20.

10. Prof. Krahmer’s work in 1 VERNON’S TEXAS CODE FORMS ANNOTATED is cited as the model for Clause creating purchase money security interest in nonconsumer transaction, 27B MASS. PRAC., UCC FORMS ANNOTATED § 9-103 Form 5 (3d ed.).

11. Prof. Velte’s essay Obergefell’s Expressive Promise was cited in the following article: Samuel D. Brunson & David J. Herzig, A Diachronic Approach to Bob Jones: Religious Tax Exemptions After Obergefell, 92 IND. L.J. 1175 (2017).

12. Prof. Beyer’s work with John K. Hanft on WILLS, TRUSTS, AND ESTATES FOR LEGAL ASSISTANTS was cited in the following article: Hailey Burroughs, When Death Doesn’t Find You on the Battlefield: Protecting Veterans with Post-Traumatic Stress Disorder During the Estate Planning Process, 9 EST. PLAN. & COMMUNITY PROP. L.J. 111 (2016).

13. Prof. Beyer’s work on West’s Legal Forms was cited throughout 5 IND. PRAC., Essential Forms.

14. Prof. Murphy’s article Eight Things Americans Can’t Figure Out About Controlling Administrative Power was cited in the following article: Ming H. Chen, Administrator-in-Chief: The President and Executive Action in Immigration Law, 69 Admin. L. Rev. 347 (2017).

15. Prof. Murphy’s article Eight Things Americans Can’t Figure Out About Controlling Administrative Power was cited in the following comment: Rachel E. Holland, Setting the Caged Bird Free: Restoring Judicial Power to Meaningfully Review Administrative Interpretations of the Law, 49 TEX. TECH L. REV. 927 (2017).

16. Prof. Chiappinelli’s article Stories from Camp Automotive: Communicating the Importance of Family Dynamics to Corporate Law Students was cited in the following article: Scott E. Friedman et. al., Advising Family Businesses in the Twenty-First Century: An Introduction to Stage 4 Planning Strategies, 65 BUFF. L. REV. 425 (2017).

17. Prof. Velte’s article Obergefell’s Expressive Promise was cited in the following article: Jeremiah A. Ho, Find Out What It Means to Me: The Politics of Respect and Dignity in Sexual Orientation Antidiscrimination, 2017 UTAH L. REV. 463 (2017).

18. Prof. Shannon’s article The Time Is Right to Revise the Texas Insanity Defense: An Essay was cited in the following article: George Parnham, Beyond the Andrea Yates Verdict: Mental Health and the Law, 49 TEX. TECH L. REV. 847 (2017).

19. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds was cited in the following article: Adam Chodorow, Rethinking Basis in the Age of Virtual Currencies, 36 VA. TAX REV. 371 (2017).

20. Prof. Loewy’s book CRIMINAL LAW IN A NUTSHELL was cited in the following article: Rachel Lamb, New Jersey Dogfighting Law Is Not All Bark: Rico Amendment Gives Tools to Reduce Crime in the Region, 14 RUTGERS J.L. & PUB. POL’Y 228 (2017).

21. Prof. Soonpaa’s article Stress in Law Students: A Comparative Study of First-Year, Second-Year and Third-Year Students was cited in the following study: Lynne Taylor, et al., The Making of Lawyers: Expectations and Experiences of Third Year New Zealand Law Students (2017), available at https://akoaotearoa.ac.nz/sites/default/files/ng/group-12551/expectations-and-experiences-of-third-year-new-zealand-law-students-final-report.pdf.

22. Prof. Soonpaa’s article Stress in Law Students: A Comparative Study of First-Year, Second-Year and Third-Year Students was cited in the following article: Teresa Kissane Brostoff, Meditation for Law Students: Mindfulness Practice as Experiential Learning, 41 LAW & PSYCHOL. REV. 159 (2017).

23. Prof. Casto’s article The Origins of Federal Admiralty Jurisdiction in an Age of Privateers, Smugglers, and Pirates was cited in the following article: Ann Woolhandler, Adverse Interests and Article III, 111 NW. U. L. REV. 1025 (2017).

Quoted:
1. Prof. Pawlowic’s article Entitlement to Interest Under the Bankruptcy Code was quoted in the following article: Jacob Dean, Finding A “Cure”: How Much Interest Is Enough for A Chapter 11 Cure?, 33 EMORY BANKR. DEV. J. 523 (2017).

2. Prof. Tracy Pearl’s article 50 Years Later: Miranda and the Police, was quoted on the following blog: Isaac Kennen, Scholarship Saturday: Miranda’s Unfulfilled Promise, NATIONAL INSTITUTE OF MILITARY JUSTICE’S BLOG (July 15, 2017), http://www.caaflog.com/2017/07/15/scholarship-saturday-mirandas-unfulfilled-promise.

3. Prof. Beyer & Naomi Cahn’s article, Digital Planning: The Future of Elder Law was quoted in the following article: Jan Zastrow, Heirlooms Then and Now—Online Legacies and Digital Estate Planning, 37 COMPUTERS IN LIBR. 12 (June 2017).

News:
1. On July 8, the Lubbock Avalanche-Journal published an article It’s Debatable: Civility in Congress where Prof. Arnold Loewy and Charles Moster debated how the lack of civility is affecting Congress. The article can be found here.

2. In connection with his service as an appointee on the NCAA Division I Governing Council, Prof. Shannon has served on the NCAA Division I Legislative Committee for the last two years. He was recently appointed as Chair of the Legislative Committee, effective on July 1. This appointment is for two years, and will continue through June 2019.

3. On July 12, Prof. Shannon spoke on the topic, “Incompetency to Be Executed: Continuing Legal and Medical Ethical Challenges,” at the XXXVth International Congress on Law & Mental Health at Charles University in Prague, Czech Republic.

4. On July 11, Prof. Beyer was the invited speaker for a telephone seminar as part of the U.S. Trust Education Seminar Series. His presentation and accompanying paper were entitled Estate Planning for the “Weaponized” Client. Over 200 attorneys and other professionals from coast-to-coast listened to his presentation.

5. On July 13, Prof. Beyer was a speaker at the 51st Annual Fiduciary Law Institute sponsored by the State Bar of Georgia Institute of Continuing Legal Education. To an audience of over 400 attorneys, Prof. Beyer presented his paper entitled Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.

6. Prof. Beyer’s download ranking is now 393 out of 346,735 authors who have uploaded their papers to SSRN placing him in the top .001% of authors. Prof. Beyer’s downloads account for 48.7% of all downloads from authors affiliated with Tech Law.

7. On June 30, Texas Tech University issued the news release concerning recent Texas Supreme Court decision to reverse and remand a lower court ruling that said spouses of gay and lesbian public employees are entitled to government-subsidized same-sex marriage benefits. Prof. Velte criticized this decision for failure to comport with the Obergefell v. Hodges ruling.

8. On July 21, the Lubbock Avalanche-Journal published an article It’s Debatable: The Case of the Same-Sex Wedding Cake where Prof. Arnold Loewy and Charles Moster debated the Supreme Court case involving a Colorado bakery refusing to bake a wedding cake for a same-sex couple. The article can be found here.

9. Associate Dean Humphrey was elected President of the Lubbock Area Bar Association. She will lead the local bar association from July 2017 through June 2018. Only two other full-time members of the Texas Tech Law faculty have served as president of this association.

10. Associate Dean Humphrey has been appointed as the Chair of the Texas Tech President’s Gender Equity Council. The university-wide Council advises President Schovanec on matters related to gender issues at Texas Tech University and makes recommendations for changes to ensure an equitable and inclusive environment.

11. Associate Dean Humphrey has been named a Co-Chair of the program committee for the 2018 Rocky Mountain Legal Writing Conference, which will be held next March at the University of Denver Sturm College of Law. She also currently serves as a Co-Chair of the program committee for the 2018 Legal Writing Institute Biennial Conference, which is the largest legal writing conference in the nation.

 

Throughout June 2017, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for June 1 to June 30, 2017.

Published:

Victoria Sutton, Bioengineering and biocrime in The Routledge Handbook of Technology, Crime and Justice, at 228 (Taylor & Francis, 2016).

Articles:
1. Robert T. Sherwin, Evidence? We Don’t Need No Stinkin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens to De-Fang A Popular and Powerful Weapon Against Frivolous Litigation, 40 COLUM. J.L. & ARTS 431 (2017).

2. Catherine Martin Christopher, et. al., Will I Pass the Bar Exam?: Predicting Student Success Using LSAT Scores and Law School Performance, 45 HOFSTRA L. REV. 753 (2017).

3. Wendy-Adele Humphrey, Two-Stepping Around A Minor’s Constitutional Right to Abortion, 38 CARDOZO L. REV. 1769 (2017).

Cited:
1. Prof. Chiappinelli’s textbook CASES AND MATERIALS ON BUSINESS ENTITIES was cited in the following article: Harwell Wells, The Life (and Death?) of Corporate Waste, 74 WASH. & LEE L. REV. 1239 (2017).

2. Prof. Soonpaa’s article Stress in Law Students: A Comparative Study of First-Year, Second-Year, and Third-Year Students was cited in the following article: Raymond H. Brescia, Law and Social Innovation: Lawyering in the Conceptual Age, 80 ALB. L. REV. 235 (2017).

3. Prof. A. Pearl’s article The Tragedy of the Vital Commons was cited in the following article: Samantha Hepburn, Public Resource Ownership and Community Engagement in a Modern Energy Landscape, 34 PACE ENVTL. L. REV. 379 (2017).

4. Prof. Watts’ article Tyranny by Proxy: State Action and the Private Use of Deadly Force was cited in the following article: Darrell A. H. Miller, Self-Defense, Defense of Others, and the State, 80 LAW & CONTEMP. PROBS. 85 (2017).

5. Prof. Casto’s academic works were cited in the following article: Kevin Arlyck, The Courts and Foreign Affairs at the Founding, 2017 B.Y.U. L. REV. 1 (2017).

6. Prof. Casto’s essay Attorney General Robert Jackson’s Brief Encounter with the Notion of Preclusive Presidential Power was cited in the following article Chase Harrington, Zivotofsky II and National Security Decisionmaking at the Lowest bb, 66 DUKE L.J. 1599 (2017).

7. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique was cited in multiple sections of the following treatise: RESTATEMENT (THIRD) OF TORTS (2017 Update).

8. Prof. Beyer’s Statutory Fill-In-the-Blank Will Forms, PROB. & PROP., Nov.-Dec. 1996, Statutory Fill-in Will Forms—the First Decade: Theoretical Constructs and Empirical Findings, 72 OR. L. REV. 769 (1993), Statutory Will Methodologies—Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence?, 94 DICK. L. REV. 23 (1990) were all cited in RESTATEMENT (THIRD) OF PROPERTY (WILLS & DON. TRANS.) § 3.1 TD No 2 (2017 Update).

9. Prof. Velte’s article Egging on Lesbian Maternity: The Legal Implications of Tri-Gametic In Vitro Fertilization was cited in the following treatise: PRINCIPLES OF THE LAW OF FAMILY DISSOLUTION § 2.03 (2017 Update).

10. Prof. Benham’s article Dirty Secrets: The First Amendment in Protective-Order Litigation was cited in the following article Hon. Craig Smith & Tom Melsheimer, Open Courts the Role of Rule 76a in Our Civil Justice System, 80 TEX. B.J. 355 (2017).

11. Prof. Camp’s article, ‘Loving’ Return Preparer Regulation, was cited in the following article: James Alm, Jay A. Soled, W(h)ither the Tax Gap?, 92 WASH. L. REV. 521 (2017).

12. Prof. Casto’s article The New Federal Common Law of Tort Remedies for Violations of International Law was cited in the following article: Gwynne L. Skinner, Expanding General Personal Jurisdiction over Transnational Corporations for Federal Causes of Action, 121 PENN ST. L. REV. 617 (2017).

13. Prof. Krahmer’s work is extensively cited in 2 ILL. PRAC., UCC FORMS ANNOTATED (2017 Update).

14. Prof. 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 § 2:23 Equitable jurisdiction—Contempt powers, 1 Bankruptcy Law Manual § 2:23 (5th ed.).

15. Prof. Murphy’s work in § 12:22 Exceptions to the exhaustion requirement, 4 ADMIN. L. & PRAC. § 12:22 (3d ed.) was cited in ¶ 205,195 THERSIA J. KNAPIK, PLAINTIFF, V. MARY HITCHCOCK MEMORIAL HOSPITAL, DEFENDANT., LABOR & EMPL. L. P 205195.

16. Prof. Beyer’s article Pet Animals: What Happens When Their Humans Die? was cited in Trusts for the care of animals or inanimate objects, The Law Of Trusts And Trustees § 165 (2017 Update).

17. Prof. Beyer’s article Estate Planning for Digital Assets was cited in What may be the trust res?, THE LAW OF TRUSTS AND TRUSTEES § 112 (2017 Update) and The necessity for a trust subject matter, THE LAW OF TRUSTS AND TRUSTEES § 111 (2017 Update).

18. Prof. Loewy’s article The Cowboy and the Cop: The Saga of Dudley Hiibel, 9/11, and the Vanishing Fourth Amendment was cited in the following article: Jonathan Weinberg, Proving Identity, 44 PEPP. L. REV. 731 (2017).

19. Prof. Shannon’s article Debarment and Suspension Revisited: Fewer Eggs in the Basket? was cited in the following article: Robert F. Meunier, Trevor B. A. Nelson, Is It Time for A Single Federal Suspension and Debarment Rule?, 46 PUB. CONT. L.J. 553 (2017).

20. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds was cited in the following article: Linda Beale, Reining in Intellectual Property Tax Avoidance, 2017 TXN MAGAZINE 26-38.

21. Prof. Sutton’s textbook LAW AND BIOTERRORISM was cited in the following note: Nicole H. Kalupa, Black Biology: Genetic Engineering, the Future of Bioterrorism, and the Need for Greater International and Community Regulation of Synthetic Biology, 34 WIS. INT’L L.J. 952 (2017).

22. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State was cited in the following article: Rhett Larson, Brian Payne, Unclouding Arizona’s Water Future, 49 ARIZ. ST. L.J. 465 (2017).

23. Prof. Krahmer’s article Foreign Currency Instruments Under the Uniform Commercial Code was cited in § 4-210 FORM 2. Clause Regarding Charge—Back of Foreign Currency Instruments, 7 WASH. PRAC., UCC Forms § 4-210 FORM 2 (2017 Update).

24. Prof. Loewy’s article The Use, Nonuse, and Misuse of Low Value Speech was cited in the following article: Dr. JoAnne Sweeny, Trapped in Public: The Regulation of Street Harassment and Cyber-Harassment Under the Captive Audience Doctrine, 17 NEV. L.J. 651 (2017).

Quoted:
1. Prof. Murphy’s article A “New” Counter-Marbury: Reconciling Skidmore Deference and Agency Interpretive Freedom was quoted in the following article: Kurt Eggert, Deference and Fiction: Reforming Chevron’s Legal Fictions After King v. Burwell, 95 NEB. L. REV. 702 (2017).

2. Prof. Robert Sherwin’s article #HaveWeReallyThoughtThisThrough?: Why Granting Trademark Protection to Hashtags Is Unnecessary, Duplicative, and Downright Dangerous was quoted in the following article: Alexandra J. Roberts, Tagmarks, 105 CAL. L. REV. 599 (2017).

News:
1. On June 7, Prof. Beyer was the lead-off speaker at the 41st Annual Advanced Estate Planning and Probate Course, a three-day CLE program sponsored by the State Bar of Texas. His presentation to approximately 400 attorneys and accompanying article covered recent judicial developments in Texas relating to intestate succession, wills, estate administration, trusts, and related matters.

2. On June 9, Prof. Beyer was a featured speaker at the 44th Annual Midwest Estate, Tax & Business Planning Institute held in Indianapolis, Indiana. To a live audience of approximately 150 attorneys and other estate planning professionals with streaming to virtual attendees across the region, Prof. Beyer presented two papers: (1) What Estate Planners in Common Law Marital Property States Need to Know About Community Property and (2) Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.

3. On June 15, Prof. Beyer was a speaker at the 2017 State Bar of Arizona Annual Convention in Tucson during a program entitled “Dealing With the Unusual and Unexpected: Challenging Assets in Estate Planning and Administration.” His presentations and accompanying papers were entitled Cyber Estate Planning & Administration and Aiming High and Getting High: Estate Planning for Guns and Marijuana.

4. For the twenty-fifth consecutive year, the American Bar Association has appointed Prof. Beyer as the editor of the Keeping Current—Probate column for Probate & Property magazine.

5. On June 24, Prof. Beyer was in Washington, DC where he was a speaker at a program entitled Teaching Techniques at a Workshop for New Law School Teachers sponsored by the Association of American Law Schools.

6. On June 30, Prof. Kyle Velte was interviewed by Double T 97.3FM for and quoted in the following article: Texas Supreme Court questions right of benefits for gay spouses. The article can be found here.

7. On June 9, the Lubbock Avalanche-Journal published an article It’s Debatable: Fighting over Irish snubbing Pence where Prof. Arnold Loewy and Charles Moster debated Notre Dame graduates walking out on Vice President Mike Pence. The article can be found here.

8. On June 20, Prof. Loewy was interviewed by FOX34 News concerning recent decision where the Supreme Court found that law restricting registered sex offenders from using social media in North Carolina violated the legitimate exercise of First Amendment rights. The article can be found here.

Throughout May 2017, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for May 1, 2017 to May 31, 2017.

Published:
1. John L. Watts, A Confused Sea: Vicarious Liability for Punitive Damages Under Maritime Law, 91 TUL. L. REV. 691 (2017).

2. Gerry W. Beyer, Recent Developments from the Texas Courts, EST. PLAN. DEV. FOR TEX. PROF., Apr. 2017, at 1.

3. Gerry W. Beyer, Keeping Current—Probate, 31-June PROB. & PROP. 29 (2017).

4. Gerry W. Beyer, America’s Next Top Probate Model, JOTWELL (May 5,2017) (reviewing Katherine M. Arango, Trials and Heirs: Antemortem Probate for the Changing American Family, 81 BROOK. L. REV. 779 (2016)), http://trustest.jotwell.com/americas-next-top-probate-model/.

5. Brie D. Sherwin, Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, and State Exceptionalism Failed Flint, Michigan, 88 U. COLO. L. REV. 653 (2017).

6. William R. Casto, The Abiding Importance of Procrastination: In Grading Law School Final Examinations, 20 GREEN BAG 2d 235 (2017).

7. Richard W. Murphy, Reviving and Refining a Pragmatic Approach to Finality, JOTWELL (April 17, 2017) (reviewing William Funk, Final Agency Action After Hawkes, 11 N.Y.U. J. L. & LIBERTY (forthcoming 2017), available at SSRN), http://adlaw.jotwell.com/reviving-and-refining-a-pragmatic approach-to-finality/.

Cited:
1. Prof. Beyer’s article Statutory Fill-in Will Forms–the First Decade: Theoretical Constructs and Empirical Findings was cited in the following article: Mark Glover, Freedom of Inheritance, 2017 UTAH L. REV. 283 (2017).

2. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds was cited in the following note: Zachary B. Johnson, I Got 988 Problems but Bitcoin Ain’t One: The Current Problems Presented by the Internal Revenue Service’s Guidance on Virtual Currency, 47 U. MEM. L. REV. 633 (2016).

3. Prof. Camp’s article A History of Tax Regulation Prior to the Administrative Procedure Act was cited in the following article: Brian Boyd, State v. Saldierna, 61 N.Y.L. SCH. L. REV. 175 (2017).

4. Prof. Camp’s article Theory & Practice in Tax Administration was cited in the American Bar Association’s comments on recent practice changes at the Internal Revenue Service Appeals Division: William Caudill, ABA Members Comment on Recent Appeals Division Practice Changes (Section 1014 — Basis of property acquired from a decedent), 2017 TNT 89-10.

5. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State was cited in the following article: Michael Asimow & Yoav Dotan, Open and Closed Judicial Review of Agency Action: The Conflicting U.S. and Israeli Approaches, 64 AM. J. COMP. L. 521 (2016).

6. Prof. Casto’s book Foreign Affairs and the Constitution in the Age of Fighting Sail was cited in the following article: John L. Watts, A Confused Sea: Vicarious Liability for Punitive Damages Under Maritime Law, 91 TUL. L. REV. 691 (2017).

7. Prof. Casto’s article Attorney General Robert Jackson’s Brief Encounter with the Notion of Preclusive Presidential Power was cited in the following article: Zivotofsky II and National Security Decisionmaking at the Lowest Ebb, 66 DUKE L.J. 1599 (2017).

8. Prof. Casto’s article The ATS Cause of Action Is Sui Generis was cited in the following article: Anonymous, Clarifying Kiobel’s “Touch and Concern” Test, 130 HARV. L. REV. 1902 (2017).

9. Prof. Casto’s article Foreign Affairs and the Constitution in the Age of Fighting Sail was cited in the fighting article: Alex H. Loomis, The Power to Define Offenses Against the Law of Nations, 40 HARV. J.L. & PUB. POL’Y 417 (2017).

10. Prof. Humphrey’s article ‘‘Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard was cited in the following article: Professor Andrea A. Curcio, Institutional Failure, Campus Sexual Assault and Danger in the Dorms: Regulatory Limits and the Promise of Tort Law, 78 MONT. L. REV. 31 (2017).

11. Prof. Humphrey’s article ‘‘Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard was cited in the following article: Eleanor Murphy, No Means No: A Critical Examination of the Effectiveness of the “Yes Means Yes” Law, 39 T. JEFFERSON L. REV. 93 (2017).

12. Prof. Metze’s article Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial was cited in the following article:
Paul George, The Cost of Ab 193: Constitutional Guarantees Sacrificed for Ineffective Means, 17 NEV. L.J. 517 (2017).

13. Prof. Murphy’s article Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons was cited in the following article: Michael Asimow &Yoav Dotan, Open and Closed Judicial Review of Agency Action: The Conflicting U.S. and Israeli Approaches, 64 AM. J. COMP. L. 521 (2016).

14. Prof. Robert Sherwin’s article #HAVEWEREALLYTHOUGHTTHISTHROUGH?: Why Granting Trademark Protection to Hashtags Is Unnecessary, Duplicative, and Downright Dangerous was cited in the following article: Stacey B. Steinberg, #advocacy: Social Media Activism’s Power to Transform Law, 105 KY. L.J. 413 (2017).

15. Prof. Robert Sherwin’s article #HAVEWEREALLYTHOUGHTTHISTHROUGH?: Why Granting Trademark Protection to Hashtags Is Unnecessary, Duplicative, and Downright Dangerous was cited in the following article: Debbie Chu, #CautionBusinesses: Using Competitors’ Hashtags Could Possibly Lead to Trademark Infringement, 25 CATH. U. J. L. & TECH 387 (2017).

16. Prof. Weninger’s article The Abolition of Plea Bargaining: A Case Study of El Paso County, Texas was cited in the following article: Eric S. Fish, Prosecutorial Constitutionalism, 90 S. CAL. L. REV. 237 (2017).

17. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective was cited in the following article: Eric S. Fish, Prosecutorial Constitutionalism, 90 S. CAL. L. REV. 237 (2017).

18. Many of Prof. Beyer’s past articles and studies were cited in the following article: Jacob Arthur Bradley, Antemortem Probate Is A Bad Idea: Why Antemortem Probate Will Not Work and Should Not Work, 85 MISS. L.J. 1431 (2017).

19. Prof. James’s article No Help for the Helpless: How the Law Has Failed to Serve and Protect Persons Suffering from Alzheimer’s Disease was cited in the following article: Roy G. Spece Jr. et al., (Implicit) Consent to Intimacy, 50 IND. L. REV. 907 (2017).

20. Prof. Sutton’s article Environment and Public Health in a Time of Plague was cited in the following article: Christopher Ogolla, First Do No Harm: The Manipulation of Public Health for Non-Public Health Purposes and Its Legal Consequences, 50 IND. L. REV. 849 (2017).

21. Prof. 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 article: Rachel Rebouché, A Case Against Collaboration, 76 MD. L. REV. 547 (2017).

22. Prof. Weninger’s article Amended Federal Rule of Evidence 408: Trapping the Unwary was cited as a principal law review article for understanding Rule of Evidence 408 in § 408.12 Law review articles and other commentary on Rule 408, 5A WASH. PRAC., EVIDENCE LAW AND PRACTICE § 408.12 (6th ed.), a June 2017 update to the Washington Practice Series.

23. Prof. Watts’s article Fairness and Utility in Products Liability: Balancing Individual Rights and Social Welfare was cited in the following article: A. Mayer Kohn, A World After Tincher v. Omega Flex: Pennsylvania Courts Should Preclude Industry Standards and Practices Evidence in Strict Products Liability Litigation, 89 TEMP. L. REV. 643 (2017).

24. Prof. Watts’s article Differences without Distinctions: Boyle’s Government Contractor Defense Fails to Recognize the Critical Differences Between Civilian and Military Plaintiffs and Between Military and Non-Military Procurement was cited in the following treatise: Dan B. Dobbs, Paul T. Hayden & Ellen M. Bublick, The Law of Torts § 352 (2d ed. 2017).

25. Prof. Beyer and William R. Buckley’s article Videotape and the Probate Process, the Nexus Grows was cited in the following treatise: Eunice L. Ross and Thomas J. Reed, Will Contests § 14:14 (2d ed. 2017).

Quoted:
1. Prof. Huffman’s article Margin of Error: Potential Pitfalls of the Ruling in the Prosecutor v. Ante Gotovina was quoted in the following article: Mark “Max” Maxwell & Richard V. Meyer, The Innocent Combatant: Preserving Their Jus in Bello Protections, 5 PENN ST. J.L. & INT’L AFF. 111 (2017).

News:
1. As the 2015 winner of the Gardener DeMallie Award for the highest rated speaker at the Douglas W. Conner 36th Annual Advanced Estate Planning and Administration Seminar, Prof. Beyer was invited to return to Williamsburg, Virginia speak at the 38th Annual Program on May 6, 2017. To an audience of over 200 estate planning attorneys, Prof. Beyer presented his paper entitled Anticipating Wills Contests and How to Avoid Them.

2. Prof. Brian Shannon addressed the Lubbock Area Bar Association’s monthly meeting on May 10, 2017, on the topic, “NCAA Litigation & Legislation: They are Student-Athletes, Right?”

3. Prof. Brian Shannon served as the Master of Ceremonies at the Newton Excellence in Education 2017 Award Gala in Lubbock, Texas, on May 10, 2017.

4. Prof. Beyer presented six hours of continuing education for the Texas Association of Counties’ 2017 Probate Academy held in Lubbock, Texas on May 10-11 with approximately 120 Constitutional County Court judges and their clerks in attendance. The topics Prof. Beyer covered included: a probate legislative update, types of wills and what makes a will, an appellate case update, intestacy issues and property passage, digital assets – planning and administration, multiple-party bank accounts, regular and NFA weapons, and a probate question and answer session.

5. On May 12, Prof. Beyer traveled to Amarillo, Texas to serve as a speaker for the Twenty-Sixth Annual Institute on Estate Planning sponsored by the Amarillo Area Estate Planning Council. Prof. Beyer’s presentations and accompanying papers were as follows: Transfer on Death Deeds, Cyber Estate Planning and Administration, and Estate Planning for “Weaponized” Clients.

6. Prof. Baker’s efforts to combat SCOTUS link rot were recognized in 22 NO. 4 INTERNET L. RESEARCHER NL 5 (2017).

7. Prof. Bryan Camp was interviewed for and quoted in the following article: Marie Sapirie, No Equitable Tolling for Late-Filed Innocent Spouse Petition, 2017 TXN MAGAZINE 20-16.

8. On May 17, Prof. Beyer was the guest speaker at a meeting of the Estate Planning Council of North Texas in Plano, Texas. His presentation was entitled Estate Planning & Administration for Digital Assets and Guns and was accompanied by his two articles: (1) Cyber Estate Planning and Administration and (2) Estate Planning for “Weaponized” Clients.

9. On May 18, Prof. Beyer was the guest speaker at a meeting of the Houston Area Disability Elder Law Attorney Association. His topic and accompanying paper were entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.

10. On May 30, Prof. Beyer was the guest speaker for a meeting of the Probate, Trusts, and Estates Section of the Houston Bar Association. His presentation and accompanying article were entitled Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.

11. Prof. Vickie Sutton was interviewed in the following article: Michael Todd, Scared Straight: Evidence Makes for Better Biosecurity Rules (2016). The article can be found here.

12. Prof. Huffman was interviewed in the following article: Matt Dotray, Lubbock at the doorstep in getting new VA super clinic, LUBBOCK AVALANCHE-JOURNAL, May 20, 2017, available at 2017 WL 15752799.