The Reporter

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 Brie D. Sherwin, Pride and Prejudice and Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, and State Exceptionalism Failed Flint, Michigan, 88 U. COLO.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.

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

Published:
1. Arnold H. Loewy, Punishing Violence Against Women: Seeking the Right Balance, 49 TEX. TECH L. REV. 211 (2016).

2. DeLeith Duke Gossett, ‘[Take from Us Our] Wretched Refuse’: The Deportation of America’s Adoptees disclosure, 85 U. CIN. L. REV. 33 (2017).

3. Sally McDonald Henry, The $1.5 Billion General Motors Recalls at the Dangerous Intersection of Chapter 11, Article 9, and TARP., 85 U. CIN. L. REV. 131 (2017).

Cited:
1. Prof. Humphrey’s article ‘‘Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard was cited in the following article: Jonathan Witmer-Rich, Unpacking Affirmative Consent: Not As Great As You Hope, Not As Bad As You Fear, 49 TEX. TECH L. REV. 57 (2016).

2. Prof. Murphy’s Administrative Law And Practice treatise was cited in the following article: Kent Barnett, How the Supreme Court Derailed Formal Rulemaking, 85 GEO. WASH. L. REV. ARGUENDO 1 (2017).

3. Prof. Murphy’s article Due Process and Targeted Killing of Terrorists was cited in the following article: Barry Kellman, Targeted Killings – Never Not an Act of International Criminal Law Enforcement, 40 B.C. INT’L & COMP. L. REV. 27 (2017).

4. Prof. Murphy’s article Judicial Deference, Agency Commitment and Force of Law was cited in the following comment: Richard W. Murphy, Judicial Deference, Agency Commitment, and Force of Law, 66 OHIO ST. L.J. 1013 (2005).

5. Prof. James’s article The African-American Church, Political Activity, and Tax Exemption was cited if the update of W. COLE DURHAM AND ROBERT SMITH, 4 RELIGIOUS ORGANIZATIONS AND THE LAW § 32:14.

6. Prof. James’s article Reaping Where They Have Not Sowed: Have American Churches Failed to Satisfy the Requirements for the Religious Tax Exemption? was cited in the following article: Cody S. Barnett, Bringing in the Sheaves: Combating Televangelists’ Abuse of the Internal Revenue Code, 105 KY. L.J. 365 (2017).

7. Prof. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion was cited in the following article: Ryan C Williams, Questioning Marks: Plurality Decisions and Precedential Constraint, 69 STAN. L. REV. 795 (2017).

8. Prof. Casto’s article “Dear Sister Antillico . . .”: The Story of Kirksey v. Kirksey was cited in the following article: William A. Drennan, Charitable Naming Rights Transactions: Gifts or Contracts?, 2016 MICH. ST. L. REV. 1267 (2016).

9. Prof. Beyer’s presentation “Cyber Estate Planning and Administration,” was cited in the following issue: Marvin E. Blum, Filling in the Gaps, 2017 WLNR 10054929 (2017).

10. Prof. Beyer’s article Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? was cited in the following article: David Horton, Tomorrow’s Inheritance: The Frontiers of Estate Planning Formalism, 58 B.C. INT’L & COMP. L. REV. 539 (2017).

11. Prof. Beyer’s article Avoiding the Estate Planning “Blue Screen of Death”–Common Non-Tax Errors and How to Prevent Them was cited in the following article: Deborah S. Gordon, Mor(t)ality and Identity: Wills, Narratives, and Cherished Possessions, 28 YALE J.L. & HUMAN. 265 (2016).

12. Prof. Beyer’s and Prof. Shannon’s book SKILLS & VALUES: PROPERTY LAW was cited in the following article: Frances Tubb, Full Speed Ahead: The Texas Central High-Speed Rail and the Sacrifice Required from Residents of Rural Texas, 49 TEX. TECH L. REV. 547 (2017).

13. Prof. Camp’s article Dual Construction of RICO: The Road Not Taken in Reves was cited in the following article: Doug Rendleman, Commercial Bribery: Choice and Measurement Within A Remedies Smorgasbord, 74 WASH. & LEE L. REV. 369 (2017).

14. Prof. Loewy’s article The Two Faces of Insanity was cited in the following article: Michael L. Perlin, Esq., “God Said to Abraham/kill Me A Son”: Why the Insanity Defense and the Incompetency Status Are Compatible with and Required by the Convention on the Rights of Persons with Disabilities and Basic Principles of Therapeutic, 54 AM. CRIM. L. REV. 477 (2017).

15. Prof. Loewy’s article Taking Bakke Seriously: Distinguishing Diversity from Affirmative Action in the Law School Admissions Process was cited in the following treatise: MARION A. COWELL, JR., W. RANDY EADDY, SUCCESSFUL PARTNERING BETWEEN INSIDE AND OUTSIDE COUNSEL §§ 39:7, 39:83 (May 2017).

16. Prof. Baker’s blog Ginger (Law) Librarian was cited in the following article: Anonymous, Search Engine and AI Update, 22 No. 4 Internet L. Researcher NL 5 (2017).

17. Prof. Black’s article Psst! Wanna Buy a Bridge? IP Transfers of Non-Existent Property was cited in the following article: Julie Manning Magid, Monetize vs. Incentivize: Contracting for Health Care Innovation, 19 U. PA. J. BUS. L. 369 (2017).

18. Prof. Shannon’s, as 1AFAR Representative on the NCAA Division I Council, email to Jo Potuto, Professor of Law, University of Nebraska College of Law, was cited in the following article: Josephine (Jo) R. Potuto, Two, Four, Six, Eight; What Can We Now Regulate? The Regulatory Mentality and NCAA Satellite Camps (et al), 35 QUINNIPIAC L. REV. 287 (2017).

19. 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: Sharon Finegan, The Replacements: Conflicting Standards for Obtaining New Counsel Under the Sixth Amendment, 65 CLEV. ST. L. REV. 129 (2017).

20. Prof. Velte’s article Obergefell’s Expressive Promise was cited in the following article: Deepa Das Acevedo, Sovereignty and Social Change in the Wake of India’s Recent Sodomy Cases, 40 B.C. INT’L & COMP. L. REV. 1 (2017).

21. Prof. Velte’s article Obergefell’s Expressive Promise was cited in the following article: Frederick Schauer, The Supreme Court As Public Educator?, 88 U. COLO. L. REV. 333 (2017).

22. Prof. Weninger’s article The Abolition of Plea Bargaining: A Case Study of El Paso County, Texas was cited in the following article: Ronald F. Wright, Kay L. Levine, Place Matters in Prosecution Research, 14 OHIO ST. J. CRIM. L. 675 (2017).

23. Prof. Weninger’s article The Abolition of Plea Bargaining: A Case Study of El Paso County, Texas was cited in the following article: Jonathan Abel, Cops and Pleas: Police Officers’ Influence on Plea Bargaining, 126 YALE L.J. 1730 (2017).

24. Prof. Chiappinelli’s article Red October: Its Origins, Consequences, and the Need to Revive the National Market System was cited in the following article: Investment Strategies: Derivatives and Program Trading, 1 LAW SEC. REG. § 1:76.

25. Prof. Gonzalez’s article State Antidiscrimination Statutes and Implied Preemption of Common Law Torts: Valuing the Common Law was cited in the following article: Sarah Golabek-Goldman, Ban the Address: Combating Employment Discrimination Against the Homeless, 126 YALE L.J. 1788 (2017).

26. Prof. Velte’s article All Fall Down: A Comprehensive Approach to Defeating the Religious Right’s Challenges to Antidiscrimination Statutes was mentioned in the following post Howard Friedman, Recent Articles of Interest, 2017 WLNR 11005240 in Religion Clause.

Quoted:

1.  Prof. Rosen’s article ‘Goldstone reconsidered’ was quoted in the following article: Ryder McKeown, International law and its discontents: Exploring the dark sides of international law in International Relations, Review of International Studies (2017).

2. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of A Presidential Power of the Purse was quoted in the following article: Michael Farris, Poverty, Inequality, and the Law: The Thirty-Fifth Annual Federalist Society National Symposium on Law and Public Policy – 2016: Defying Conventional Wisdom: The Constitution Was Not the Product of a Runaway Convention, 40 HARV. J.L. & PUB. POL’Y 61 (2017).

3. Prof. Loewy’s article Police-Obtained Evidence and the Constitution: Distinguishing Unconstitutionally Obtained Evidence from Unconstitutionally Used Evidence was quoted in the following article: Michael J. Zydney Mannheimer, The Two Mirandas, 43 N. KY. L. REV. 317 (2016).

4. Prof. Murphy’s update in the Administrative Law and Practice treatise was quoted in the following publication: BALCA Decisions, 94, Interpreter Releases, Art. 11 (2017).

News:
1. On April 8, the Lubbock Avalanche-Journal published an article Texas Tech Law professor says Gorsuch a ‘pleasant surprise’ as nominee, Democrats ‘unwise’ to oppose where Prof. Loewy commented a confirmation of Justice Gorsuch. The article can be found here.

2. The Texas Tech School of Law’s Center for Water Law and Policy hosted its annual film screening and panel discussion featuring “A River Between Us” about the largest river restoration project in American history. The panel included David Sandino, senior staff counsel to the California Department of Water Resources, and M. Alexander Pearl, associate professor of law at the Texas Tech School of Law and associate director for the Center for Water Law and Policy.

3. On April 25, Prof. Beyer traveled to Dallas where he spoke at a meeting of the Probate, Trusts and Estates Section of the Dallas Bar Association. His topic and accompanying article were entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.

4. On April 26, Prof. Beyer gave a presentation entitled The Basics of a Will for the 88th Annual West Texas County Judges and Commissioners Association Conference in Lubbock sponsored by the Texas Association of Counties.

5. On April 28, Prof. Beyer was a speaker at the Kansas City Estate Planning Symposium sponsored by the University of Missouri. To an audience exceeding 500 estate planning professionals, Prof. Beyer presented on two topics: (1) What Estate Planners in Common Law Marital Property States Need to Know About Community Property and (2) Anticipating Will Contests and How to Avoid Them.

6. The Women’s Energy Network of the Permian Basin held their first luncheon of the year at Petroleum Club in February where Prof. Keffer was the guest speaker with his presentation “Finding More, Knowing Less: The Oil and Gas Industry.” The article can be found here.

7. The International Institute of Space Law recognized Prof. Sutton’s professional involvement in space law and voted her into full membership at their most recent board meeting.