December 2016 Law Faculty Publications & News

Throughout December 2016, the Law Library’s Faculty Services & Scholarly Communications Department received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for December 1, 2016 to December 31, 2016.

Published:

  1. Gerry W. Beyer, Wills & Trusts, 2 SMU Ann. Tex. Sur. 517 (2016).
  2. Alyson M. Drake, The Need for Experiential Legal Research Education, 108 Law Libr. J. 511 (2016).
  3. Richard W. Murphy & Sidney A. Shapiro, Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look,” 92 Notre Dame L. Rev. 331 (2016).
  4. Kyle C. Velte, All Fall Down: A Comprehensive Approach to Defeating the Religious Right’s Challenges to Antidiscrimination Statutes, 49 Conn. L. Rev. 1 (2016).
  5. Robert A. Weninger, The VW Diesel Emissions Scandal and the Spanish Class Action, 23 J. Eur. L. 91 (2016).

Cited:

  1. Professor Spain’s Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can Be Ethically Incorporated into the Practice of Law, was cited in the following December 2016 updated treatise: 1 Handling Child Custody, Abuse and Adoption Cases § 6:16, § 4:29
  1. Professor Spain’s Collaborative Law: A Critical Reflection on Whether a Collaborative Orientation Can Be Ethically Incorporated into the Practice of Law, was cited in the following Iowa practice series: 16 Ia. Prac., Lawyer and Judicial Ethics § 5:2(c)(4)
  1. Professor Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro, was cited in the following December 2016 updated treatise: 11 Bus. & Com. Litig. Fed. Cts. § 116:21 (4th ed.)
  1. Professor Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro was cited in the following article: John F. Preis, The Dormant Commerce Clause As a Limit on Personal Jurisdiction, 102 Iowa L. Rev. 121 (2016)
  1. Professor Shannon’s article co-authored with Teel Bivins, John T. Montford, Todd A. Hunter, Rob Junell, Robert L. Duncan, The 1995 Revisions to the DTPA: Altering the Landscape, was cited by the following updated treatise: 2 McDonald & Carlson, Civ. Prac. § 6:19 (2d. ed.)
  1. Professor Loewy’s article A Proposal for the Universal Collection of DNA was cited in: Christopher Slobogin, Policing as Administration, 165 Pa. L. Rev. 91 (2016)
  1. Professor R. Sherwin’s article, Clones, Thugs, “N (Eventual?) Harmony: Using the Federal Rules of Civil Procedure to Simulate A Statutory Defamation Defense and Make the World Safe from Copyright Bullies, was cited in: Briana Lynn Rosenbaum, The Rico Trend in Class Action Warfare, 102 Iowa L. Rev. 165 (2016)
  1. Professor Loewy’s article, Taking Bakke Seriously: Distinguishing Diversity from Affirmative Action in the Law School Admissions Process, was cited in: 2 Successful Partnering Between Inside and Outside Counsel § 39:7, § 39:83
  1. Dean Dickerson’s article Bailor Beware: Limitations and Exclusions of Liability in Commercial Bailments was cited in the following December updated treatise: 21 Prac. Contract Law and Practice § 1:5
  1. Dean Dickerson’s article Deposition Dilemmas: Vexatious Scheduling and Errata Sheets, was cited in: 14 Wash. Prac. Civil Procedure § 21:38 (2d ed.)
  1. Professor Weninger’s article Amended Federal Rule of Evidence 408: Trapping the Unwary, was cited in: 5A Wash. Prac., Evidence Law and Practice § 408.12 (6th ed.)
  1. Dean Dickerson’s article Cyberbullies on Campus, was cited in Nisha Chandran, Crossing the Line: When Cyberbullying Prevention Operates As A Prior Restraint on Student Speech, Ill. J.L. Tech. & Pol’y 277 (2016)
  1. Professor Murphy’s and Sidney Shapiro’s article, Politicized Judicial Review in Administrative Law: Three Improbable Responses, was cited in the following article: William Ortman, Rulemaking’s Missing Tier, 68 L. Rev. 225 (2016)
  1. Professor Loewy’s article, Morals Legislation and the Establishment Clause, was cited in: David R. Williams, Jr., In Defense of the Secular Purpose Status Quo, 102 L. Rev. 2075 (2016)
  1. Professor Loewy’s article, The Fourth Amendment As A Device for Protecting the Innocent, was cited in: Nicole B. Cásarez, The Synergy of Privacy and Speech, 18 Pa. J. Const. L. 813 (2016)
  1. Professor Casto’s article, Advising Presidents: Robert Jackson and the Destroyers for Bases Deal, was cited in: Daniel Bodansky & Peter Spiro, Executive Agreements+, 49 J. Transnat’l L. 885 (2016)
  1. Professor Murphy’s & Sidney A. Shapiro, Eight Things Americans Can’t Figure out About Controlling Administrative Power, was cited in: Emily S. Bremer, American and European Perspectives on Private Standards in Public Law, 91 L. Rev. 325 (2016)
  1. Professor Murphy’s & Afsheen J. Radsan article, The Evolution of Law and Policy for CIA Targeted Killing, was cited in: Jasmine Khoshnou, Game of Drones: The Use of Armed Drones from a Game Theory Perspective, Interdisc. L. Rev. 191 (2016)
  1. Professor Beyer’s article The Will Execution Ceremony–History, Significance, and Strategies, was cited in: Alexander A. Boni-Saenz, Sexual Advance Directives, 68 L. Rev. 1 (2016)
  1. Professor Casto’s book, The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth, was cited in: Joel Fishman, Third Circuit Court Reports (1789-1879), 108 Law Libr. J. 623 (2016)
  1. Professor Beyer’s West legal forms were adapted to Indiana Practice Series forms, 5 Ind. Prac., Essential Forms § 9:1.1.50,§ 9:1.1.70, § 9:4.1.2, §9:6.1.50 (2016)

Quoted:

  1. Professor Beyer’s article Pay to the Order of Whom?-the Case of the Ambiguous Multiple Payee Designation, was quoted in: 2A Ill. Prac., UCC with Illinois Code Comments § 5/3-110
  1. Professor Black’s book Family Law in Utah, 2d Ed. was quoted in: 2 Utah Prac., Utah Family Law § 30-1-4.5, 3-5 (2016 ed.)
  1. Professor Camp’s article, The Failure of Adversarial Process in the Administrative State, was quoted in: Jessica K. Steinberg, Adversary Breakdown and Judicial Role Confusion in “Small Case” Civil Justice, 2016 Y.U.L. Rev. 899 (2016)
  1. Professor Loewy’s article, The Fourth Amendment as a Device for Protecting the Innocent, was quoted in: Richard M. Re, Imagining Perfect Surveillance, 64 UCLA L. Rev. Discourse 264 (2016)
  1. Professor Loewy’s article, The Supreme Court, Confessions, and Judicial Schizophrenia, was quoted in: 35 No. 18 Whited, Drinking/Driving Law Letter NL 1

News:

  1. On November 29 2016, Prof. Gerry W. Beyer spoke to the Fredericksburg chapter of the Osher Lifelong Learning Institute. His well-attended presentation was entitled Planning Your Estate – “I Didn’t Know That!” His presentation was also simulcast to Marble Falls, Texas.
  1. Professor Rosen was quoted in a Stars and Stripes news article from December 13, 2016 titled “A Pardon for Bowe Bergdahl? Unlikely, experts say” which can be found here.

November 2016 Law Faculty Publications & News

Throughout November 2016, the Law Library’s Faculty Services & Scholarly Communications Department received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for November 1, 2016 to November 30, 2016.

Published:

  1. Vaughn James, Texas Elder Law 2017 (2017).
  2. Alexander Pearl, Redskins: The Property Right to Racism, 38 Cardozo L. Rev. 231 (2016).
  3. Bryan T. Camp Collecting Tax Liabilities From Third Parties, 152 TaxNotes 11, 1549 (2016)
  4. Gerry W. Beyer, Transfer of Death Deeds: A Texas Primer, Est. Plan. Dev. for Tex. Prof., (Oct. 2016), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2853757

Cited:

  1. Professor Murphy’s book Administrative Law and Practice was cited in the following article: Aaron Saiger, Agencies’ Obligation to Interpret the Statute 69, Vand. L. Rev. 1231 (2016).
  1. Professor Murphy’s book Punitive Damages, Explanatory Verdicts, and the Hard Look, was cited in the following November 2016 updated Litigation Guide: Lawrence G. Cetrulo, 1 Toxic Torts Litigation Guide § 4:32 (Nov. 2016).
  1. Professor Weninger’s article Electronic Discovery and Sanctions for Spoliation: Perspectives from the Classroom, was cited in the following article: Clare Kealey, Discovering Flaws: An Analysis of the Amended Federal Rule of Civil Procedure 37(e) and Its Impact on the Spoliation of Electronically Stored Evidence, 14 Rutgers J.L. & Pub. Pol’y 140 (2016)
  1. Professor Chiappinelli’s, Red October: Its Origins, Consequences, and the Need to Revive the National Market System, was cited in the following treatises: Thomas Lee Hazen, 4 Law Sec. Reg. § 14:18 (Nov. 2016); Thomas Lee \ Hazen, 1 Law Sec. Reg. § 1:76 (Nov. 2016).
  1. Dean Dickerson’s Contractual Jury Waiver Provisions: A Striking Idea, was cited in the following updated West’s Legal Forms: Frederick H. Miller, 12 West’s Legal Forms, Commercial Transactions 6:39 (2016). Frederick H. Miller, 12A West’s Legal Forms, Commercial Transactions 23:22 (2016)
  1. Professor Beyer’s articles, Avoid Being a Defendant: Estate Planning Malpractice and Ethical Concerns and Web Meets the Will: Estate Planning for Digital Assets were cited in the following treatise: Henry J. Lischer et al., 16 West’s Legal Forms, Estate Planning Pt. I Introduction (Nov. 2016).
  1. Professor Beyer and Kerri Griffen’s article, Lady Bird Deeds: A Primer for the Texas Practitioner, Estate Planning Developments for Texas Professionals, was cited in the following updated treatise: Mary F. Radford, 1 Ga. Wills & Administration § 2:3 (Nov. 2016).
  1. Professor Beyer and Naomi Cahn’s article, When You Pass On Don’t Leave the Passwords Behind: Planning for Digital Assets, was cited in the following article: Suzanne Brown Walsh & Catherine Anne Seal, The Revised Uniform Fiduciary Access to Digital Assets Act: Striking a Balance Between Privacy Expectations and the Need for Fiduciary Access to Digital Assets, 12 NAELA J. 101 (2016).
  1. Professor Krahmer’s article, Commercial Transactions, was cited in the following updated treatise: Mike Baggett, 15 Tex. Prac., Texas Foreclosure Law & Prac. § 6.11 (Nov. 2016).
  1. Professor Christopher’s article, “Whack-a-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Money Laundering” was cited in the following: Timothy Bierer, Hashing It Out: Problems and Solutions Concerning Cryptocurrency Used As Article 9 Collateral, 7 Case W. Reserve J.L. Tech. & Internet 79 (2016).
  1. Professor Camp’s article How the IRS Can Regulate Return Preparers without New Law was cited in the following articles: 75 Tax Prac. 843 (Nov. 2016). 2016 TNT 223-31 (Nov. 2016)

Quoted:

  1. Professor Benham’s, Proportionality, Pretrial Confidentiality, and Discovery Sharing was quoted in: Michael Thomas Murphy, Occam’s Phaser: Making Proportional Discovery (Finally) Work in Litigation by Requiring Phased Discovery, 4 Stan. J. Complex Litig. 89 (2016).
  1. Professor Murphy and Sid Shapiro’s Eight Things Americans Can’t Figure out about Controlling Administrative Power was quoted in: Cary Coglianese & Kristin Firth Separation of Powers Legitimacy: An Empirical Inquiry into Norms about Executive Power 164 U. Pa. L. Rev. 1869 (2016).
  1. Dean Torres’s MacCrate Goes to Law School: An Annotated Bibliography of Methods for Teaching Lawyering Skills in the Classroom was quoted in: Jules Epstein, The “Ohlbaum Paper” and Advocacy Scholarship – Why Now?, 88 Temp. L. Rev. 507 (2016).

News:

  1. Professor T. Pearl was invited as a Guest Blogger on PrawfsBlawg for the month of November, she contributed 5 blog posts. Her blog post Two Roads to the Future on PrawfsBlawg was quoted in Scott H. Greenfield’s Simple Justice Criminal Defense Blog Post Baby You Can Drive my Car.
  1. On November 2, 2016, Professor Beyer presented a one hour webinar entitled Cyber Estate Planning and Administration which was sponsored by the CPA academy. The webinar was viewed by approximately 300 CPAs, attorneys, and other professionals across the nation and even internationally.
  1. On November 7, 2016 Professor Casto spoke at the Ohio Northern University Pettit College of Law about Advising Presidents: Private Advice and Public Advocacy.
  1. On November 8, 2016, Professor Beyer was the invited speaker at the monthly meeting of the Midland Odessa Business & Estate Council in Midland, Texas. His topic and accompanying article were entitled Cyber Estate Planning and Administration.
  1. On November 10, 2016, Professor Beyer was the featured speaker at a program hosted by the Communities Foundation of Texas in Dallas. The topic of his presentation and accompanying article was Cyber Estate Planning and Administration.
  1. On November 15, 2016, Professor. Beyer was the guest speaker at a meeting of the Houston Chapter of the Society of Financial Services Professionals, a more than 80-year old organization which provides lay individuals with expert assistance for estate, retirement and financial planning; employee benefits; business and compensation planning; and life, health, disability, and long-term care insurance. His presentation and accompanying paper were entitled Cyber Estate Planning and Administration.
  1. On November 17, 2016, Professor Beyer was the featured speaker for the Tarrant County Bar Association’s Fort Worth Business and Estate Section’s November meeting. His topic and accompanying article were entitled Cyber Estate Planning and Administration.
  1. On November 21, 2016, Professor Beyer presented a one hour synchronous webinar entitled Estate Planning Essentials: Avoiding Costly Mistakes which was sponsored by the CPA academy, the largest provider of free CPE webinars in the CPA profession. The webinar was viewed by over 825 CPAs and other professionals from coast to coast.
  1. On November 29, 2016 Professor Beyer taught a class titled Estate Planning– “I Didn’t Know That!” for the Osher Lifelong Learning Institute.
  2. Professor Baker’s blog “The Ginger (Law) Librarian” was chosen as one of The ABA Journal’s Blawg 100. Editors of the ABA Journal announced they have selected The Ginger (Law) Librarian as one of the top 100 best blogs for a legal audience.“For 10 years, the Blawg 100 has helped shine a light on the stunning breadth of legal topics and voices to found in the legal blogosphere,” Acting Editor-Publisher Molly McDonough said.
  3. Professor Chiappinelli was listed as part of the Members Consultative Group for the following updated group: Principles of the Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes.
  4. Dean Huffman was selected to be a part of the U.S. Senator Ted Cruz’s Service Academy Nomination Board where he will review application and make recommendations of who Sen. Cruz should nominate to the U.S. Service Academies.
  5. Professor Shannon was quoted in Targeted News Service article The National Football Foundation, Fidelity Investments (R) Highlight 2016 Faculty Athletics Representative Honorees.
  6. Dean Dickerson was quoted in the Fort-Worth Star-Telegram newspaper article The Texas Law Hawk is flying high for the holidays. The article was on a Tech Law Grad, the Texas Law Hawk- Bryan E. Wilson.

October 2016 Law Faculty Publications & News

Throughout October 2016, the Law Library’s Faculty Services & Scholarly Communications Department received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for October 1, 2016 to October 31, 2016.

Articles:

  1. John E. Krahmer, 1 Vernon’s Tex. Code Forms Anno. UCC Forms 2.202 (4th Ed. Oct. 2016).

Op-Ed:

  1. Arnold Loewy & Charles Moster, It’s Debatable: Marbury v. Madison, a mistake, Lubbock Avalanche-J. (Oct. 15, 2016, 12:03 AM), http://lubbockonline.com/editorials/2016-10-15/its-debatable-marbury-v-madison-mistake?v=#.WAZgifkrLcs
  2. Arnold Loewy & Charles Moster, It’s Debatable: Arnold: Trump Lacks Temperment, judgment. Lubbock Avalanche-J. (Oct. 30, 2016, 12:11 AM) AM)http://lubbockonline.com/editorials/2016-10-30/its-debatable

Cited:

  1. Professor Loewy’s book, Criminal Law In a Nutshell, was cited in the following updated treatise: Michael B. Mushlin, 1 Rights of Prisoners § 3:31 (4th ed. Oct. 2016).
  1. Professor Beyer’s book Estate Planning in the Digital Age was cited in the following updated treatise: Mary F. Radford, Ga. Guardianship and Conservatorship § 5:15 (Oct. 2016).
  1. Dean Dickerson’s Enforceability Checklist was cited in the following treatise: John S. Douglas, 5 Ariz. Legal Forms, Comm. Transactions § 2A.10.70 (2d ed. Oct. 2016).
  1. Professor Beyer’s treatises, Statutory Fill-In-the-Blank Will Forms; Statutory Fill-in Will Forms—the First Decade: Theoretical Constructs and Empirical Findings; Statutory Will Methodologies—Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence?, were cited in the updated treatise: Restatement of Property (Wills and Donative Transfers) § 3.1 (Oct. 2016).
  1. Professor Velte’s article, Egging on Lesbian Maternity: The Legal Implications of Tri-Gametic in Vitro Fertilization, was cited in the updated treatise: Principles of the Law of Family Dissolution § 2.03 (Oct. 2016).
  1. Professor Loewy’s article, United States v. Jones: Return to Trespass-Good News or Bad, was cited in the following article: Elizabeth Kingston, Keeping Up with Jones: The Need to Abandon the Open Fields Doctrine, Criminal Law Bulletin, 52 Crim. Law Bulletin ART 5 (2016).
  1. Professor Pawlowic’s article, Framework for Analysis of Transfer, Assignment, Negotiation and Transfer by Operation of Law, was cited in the updated treatise: Uniform Laws Annotated, Uniform Commercial Code § 5-114 (2016).
  1. Professor Krahmer’s article, Commercial transactions, was cited in the following updated treatise: Uniform Laws Annotated, Uniform Commercial Code § 1-201 (2016).
  1. Professor Gossett’s article, If Charity Begins at Home, Why Do We Go Searching Abroad? Why the Federal Adoption Tax Credit Should Not Subsidize International Adoptions, was cited in the following updated treatise: Thomas A. Jacobs, 5 Ariz. Prac., Juv. Law & Practice § 7:16 (Oct. 2016).
  1. Professor Rosen and Lt. Col. Kathryn Sommerkamp’s article, Military Legal Practice Maxims: A Potpourri of Random Thoughts, was cited in the following article: Major Ian W. Baldwin, Advising Special Forces, 2016-MAY Army Law. 8 (2016).
  1. Professor Chiappinelli’s article, The Moral Basis of State Law Disclosure, was cited in the following updated treatise: Mark A. Sargent and Dennis R. Honabach, D&O Liab. Hdbk. § I:2 (Oct. 2016).
  1. Professor Rosen’s article, Funding “Non-Traditional” Military Operations: The Alluring Myth of A Presidential Power of the Purse, was cited in the following article: Seth Barrett Tillman, Ex Parte Merryman: Myth, History, and Scholarship, 224 Mil. L. Rev. 481 (2016)
  1. Professor Murphy’s and Sidney Shapiro’s article, Politicized Judicial Review in Administrative Law: Three Improbable Responses, was cited in the following article: Amy Semet, Political Decision-Making at the National Labor Relations Board: An Empirical Examination of the Board’s Unfair Labor Practice Decisions Through the Clinton and Bush II Years, 37 Berkeley J. Emp. & Lab. L. 223 (2016).
  1. Professor Loewy’s article, Police-Obtained Evidence and the Constitution: Distinguishing Unconstitutionally Obtained Evidence from Unconstitutionally Used Evidence was cited in following article: M. Greabe, The Riddle of Harmless Error Revisited, 54 Hous. L. Rev. 59 (2016).
  1. Professor A. Pearl’s article, Of “Texans” and “Custers”: Maximizing Welfare and Efficiency Through Informal Norms, was cited in the following article: Jocelyn Simonson, Copwatching, 104 Cal. L. Rev. 391 (2016).
  1. Professor Murphy and Charles Koch’s article, Review of Interpretations, was cited in the following article: Reilly S. Steel, The Underground Rulification of the Ordinary Business Operations Exclusion, 116 Colum. L. Rev. 1547 (2016).

Quoted:

  1. Dean Dickerson was interviewed by the local TV station about her thoughts on the 7th Court of Appeals visit to Texas Tech. Article and interview can be found here.
  2. Dean Dickerson and Robert Sherwin were quoted about Dean Strang’s from “Making a Murderer” visit to Texas Tech School of Law campus. Article can be found here.
  3. Dean Dickerson was quoted about the newly created fellowship that partnered with Mountain States Legal Foundation. Article can be found here.
  4. Professor Camp was quoted about his thoughts on the Seventh Circuit’s decision regarding the timeliness of a debtor’s petition. 2016 TNT 205-3 (10-19-16)(Doc 2016-21078).
  5. Professor Beyer was quoted in the Washington post about his expertise in dealing with identity theft. Article can be found here.

News:

  1. On October 4, 2016, Professor Beyer presented a one hour synchronous webinar entitled Estate Planning Essentials: Avoiding Costly Mistakes which was sponsored by the CPAacademy, the largest provider of free CPE webinars in the CPA profession.  The webinar was viewed by over 500 CPAs and other professionals across the nation and internationally.
  2. On October 6, 2016, Professor Beyer was the guest speaker at a meeting of the Estate Planning Council of Birmingham.  His presentation and accompanying article were entitled Cyber Estate Planning and Administration. After the meeting, he meet with members of the Alabama law Institute to discuss a proposal to enact the Revised Uniform Fiduciary Access to Digital Assets Act in Alabama.
  3. On October 12, 2016, Professor Beyer presented a continuing legal education program for the Planned Giving Round Table of Northern Nevada in Reno.  The topics of his presentations and accompanying articles were entitled Cyber Estate Planning and Administration and Dog Gone? (It) – Why Didn’t My Human Set Up a Pet Trust for Me?
  4. Professor Vaughn James is featured in this month’s Texas Bar Journal for being an Access To Justice Pro Bono Champion. The TBJ is distributed to more than 100,000 attorneys who are licensed to practice law in Texas. Click here to read.
  5. Professor Beyer served as an expert consultant regarding estate tax in article discussing Donald Trump’s proposed tax break.
  6. Professor Velte and Professor Tracy Pearl were mentioned in a press release regarding the visit of Matthew Shepard’s parents.
  7. On October 18, 2016, Professor Beyer spoke to the Lubbock chapter of the Osher Lifelong Learning Institute.  His well-attended presentation was entitled Planning Your Estate – “I Didn’t Know That!”
  8. Dean Sutton was mentioned in an article about bats and vampire deaths. Article can be read here.
  9. Dean Dickerson was listed as part of the Members Consultative Group for the following updated group:

Restatement (Third) of Torts: Liability for Economic Harm (2016).

  1. Professor Casto was listed as part of the Members Consultative Group for the following updated group:

Restatement (Third) of Torts: Liability for Economic Harm (2016).

Restatement (Third) of Torts: General Principles (2016).

Restatement (Third) of Torts: Physical & Emotional Harm (2016)

Principles of the Law of Software Contracts (2016)

Restatement (Third) of Agency.

  1. Professor Beyer was listed as part of the Members Consultative Group for the following updated group:

Restatement (Third) of Trusts (2016).

  1. Professor Chiappinelli was listed as part of the Members Consultative Group for the following updated group:

Restatement (Third) of Agency (2016).

Principles of the Law of Nonprofit Organizations (2016).

  1. Professor Beyer, an Academic Fellow of the American College of Trust and Estate Counsel (ACTEC), travelled to Charleston, South Carolina October 19-23, 2016 to participate in ACTEC’s national fall meeting which attracted over 500 of the top estate planners from across the nation. His major activities included: Chairing the State Laws Committee, participating in a panel discussion for the Digital Property Task Force on how to draft wills, trusts, and powers of attorney to authorize fiduciary access to digital assets, and attending the Legal Education Committee where he was recognized for his service as a judge of the Mary Moers Wenig Student Writing Competition.
  2. Victoria Sutton was a speaker at the Bush School, Scowcroft Institute, Global Pandemic Workshop, title, “Diseases don’t Recognize Jurisdictions“
  3. On October 27, 2016, Professor Beyer made two presentations at the 24th Annual Estate Planning Institute sponsored by the Community Foundation of Southern New Mexico in Las Cruces.  His presentations and accompanying articles were entitled Aiming High and Getting High: Estate Planning for Guns and Marijuana and Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.
  4. On October 31, 2016, Professor Beyer was the luncheon speaker for the Houston Estate and Financial Forum. To a packed hall of well over 200 attendees, Prof. Beyer presented a Halloween-themed program entitled “What’ll You do [With Me] When I’m Gone: Controlling Body Dispositions: The Law and the Macabre.

September 2016 Law Faculty Publications & News

Throughout September 2016, the Law Library’s Faculty Services & Scholarly Communications Department received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for September 1, 2016 to September 30, 2016.

Published:

  1. Gerry W. Beyer, Keeping Current—Probate, 30-Oct. Prob. & Prop. 24 (2016).
  2. Bryan Camp, Collecting Tax Liabilities From Third Parties, 75 Prac. 645 (2016).
  3. Gerry W. Beyer, MODERN DICTIONARY FOR THE LEGAL PROFESSION (4th ed. 2008) (2016 Cumulative Supplement).

Op/Ed:

  1. Arnold Loewy & Charles Moster, It’s Debatable: States Shouldn’t Punish Abortion, Lubbock Avalanche-J. (Sept. 4 2016, 12:06 AM), http://lubbockonline.com/editorials/2016-09-04/its-debatable.
  2. Arnold Loewy & Charles Moster, It’s Debatable: Term Limits, Lubbock Avalanche-J. (Sept. 18 2016, 12:49 AM), http://lubbockonline.com/editorials/2016-09-18/its-debatable.

Cited:

  1. Professor Murphy’s article, Punitive Damages, Explanatory Verdicts, and the Hard Look, was cited in the following: Illinois Civil Jury Instructions Companion Handbook §§ 12:3; 12:4.
  1. Professor Camp’s articles, The Failure of Adversarial Process in the Administrative State and What Good is the National Taxpayer Advocate?, were cited in the following article: Keith Fogg & Sime Jozipovic, How Can Tax Collection Be Structured to Observe and Preserve Taxpayer Rights: A Discussion of Practices and Possibilities, 69 Tax Law. 513 (2016).
  1. Professor Loewy’s & Charles Moster’s article, It’s Debatable: On the Fates of State’s Plates, was cited in the following article: Morgan E. Creamer, Walker v. Texas Division, Sons of Confederate Veterans, Inc. and License Plate Speech: A Dangerous Roadblock for the First Amendment, 65 Am. U. L. Rev. 1461 (2016).
  1. Professor Beyer’s book Estate Planning in the Digital Age was cited in the following treatise: Ga. Guardianship and Conservatorship § 5:15.
  1. Professor A. Pearl’s article, How to Be an Authentic Indian, was cited in the following article: Andrew Jensen Kerr, Writing the Short Paper, 66 J. Legal Educ. 111 (2016).

Quoted:

  1. Professor Camp was quoted in the Collecting Tax Liabilities From Third Parties, 152 Tax Notes 1549 (Sept. 12, 2016).
  2. Professor Batra was quoted about the AALP program in The Daily Toreador on September 19, 2016.

News:

  1. Professor Sutton was a keynote speaker (on cyber warfare) at the first annual Archive of Modern American Warfare Symposium, September 15, 2016 in the ICC. Information on the Symposium can be found here.
  2. On September 19, 2016, Horn Professor Brian Shannon began his third two-year term as President of 1A FAR, the association of NCAA faculty athletics representatives representing the 130 universities and 10 conferences from the Football Bowl Subdivision of the NCAA’s Division I. These universities include all institutions from conferences such as the Big 12, Big 10, SEC, ACC, and Pac 12, five additional conferences, and several independents.
  3. On September 18, 2016, Horn Professor Brian Shannon moderated a panel discussion entitled, “NCAA Division I – The New Governance Structure – Views from the Leadership,” at the 2016 1A FAR Annual Conference in Grapevine, Texas. Panelists included Kevin Lennon, the NCAA Vice President for Division I, and Diane Dickman, the Managing Director of Governance for NCAA Division I.
  4. On September 19, 2016, Horn Professor Brian Shannon addressed over 100 of the nation’s athletic directors at the 1A Athletic Directors Association annual meeting in Grapevine, Texas, on the topic of the integration of academics as a hallmark of intercollegiate athletics participation.
  5. Professor Shannon, President of the 1A Faculty Athletics Representatives, along with the rest of the 1A FAR recognized the National Football Foundation for its support of student-athletes and NCAA faculty athletics representatives across the country. The full article can be found here.

August 2016 Law Faculty Publications & News

Throughout August 2016, the Law Library’s Faculty Services & Scholarly Communications Department received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for August 1, 2016 to August 31, 2016.

Published:

  1. Gerry W. Beyer, Beyer’s Texas Property Code Annotated with Related Texas Law (2016 ed.).

Op/Ed:

  1. Arnold Loewy & Charles Moster, It’s Debatable: Commenting in Anonymity, Lubbock Avalanche-J. (Aug. 7, 2016, 12:02 AM), http://lubbockonline.com/editorials/2016-08-07/its-debatable-supreme-courts-ut-ruling-good-or-bad#.
  2. Arnold Loewy & Charles Moster, It’s Debatable: Is Supreme Court’s UT Ruling Good or Bad?, Lubbock Avalanche-J. (Aug. 21, 2016, 12:12 AM), http://lubbockonline.com/editorials/2016-08-21/its-debatable-commenting-anonymity#.V7tIMVsrLcs.

Cited:

  1. Professor Camp’s article, Form Over Substance in Fifth Circuit Tax Cases, was cited in the following article: Susan C. Morse & Robert Deutsch, Tax Anti-Avoidance Law in Australia and the United States, 49 Int’l Law. 111 (2016).
  1. Professor Soonpaa’s article, Stress in Law Students: A Comparative Study of First-Year, Second-Year, and Third-Year Law Students, was cited in the following article: Todd David Peterson, The Moral Obligation of Law Schools to Address Law Student Wellbeing: A Review Essay About the Happy Lawyer, 30 Notre Dame J.L. Ethics & Pub. Pol’y 67 (2016).
  1. Dean Dickerson’s articles, Deposition Dilemmas: Vexation Scheduling and Errata Sheets and The Law and Ethics of Civil Depositions, were cited in the following article: Matthew Rogers & Suzanne Valdez, “Retreat to the Boundary of the Rules”: Resurrecting Professionalism in Depositions and the Implications of Gamesmanship for Kansas Practitioners, 64 U. Kan. L. Rev. 1065 (2016).
  1. Professor Murhpy’s treatise, Administrative Law and Practice, was cited in the following article: Jonathan S. Marashlian et al., Confusion, Uncertainty, and Fear: How the FCC’s Increased Reliance on Adjudication is Harming Carriers, Competition, Consumers, and Investment, 68 Fed. Comm. L.J. 207 (2016).
  1. Professor Christopher’s article, Eye of the Beholder: How Perception Management Can Counter Stereotype Threat Among Struggling Law Students, was cited in the following article: Judith Welch Wegner, Contemplating Competence: Three Meditations, 50 Val. U. L. Rev. 675 (2016).
  1. Professor Rosen’s article, Civilian Courts and the Military Justice System: Collateral Review of Courts-Martial, was cited in the following article: Christian R. Burset, Merchant Courts, Arbitration, and the Politics of Commercial Litigation in the Eighteenth-Century British Empire, 34 Law & Hist. Rev. 615 (2016).
  1. Professor Metze’s article, Plugging the School to Prison Pipeline by Addressing Cultural Racism in Public Education Discipline, was cited in the following article: Jason P. Nance, Dismantling the School-to-Prison Pipeline: Tools for Change, 48 Ariz. St. L.J. 313 (2016).
  1. Professor Krahmer’s article, Foreign Currency Instruments Under the U.C.C., was cited in the following statute: U.C.C. § 4-212 (Am. Law Inst. & Unif. Law Comm’n 2016).
  1. Professor Krahmer’s article, Commercial Transactions, was cited in the following statute: U.C.C. § 1-201 (Am. Law Inst. & Unif. Law Comm’n 2016).
  1. Professor Pawlowic’s article, Framework for Analysis of Tranfer, Assignment, Negotiation, and Transfer by Operation of Law, was cited in the following provisions of the U.C.C.: U.C.C. §§ 5-101, 5-111, 5-116, 5-106, 5-103 (Am. Law Inst. & Unif. Law Comm’n 2016).
  1. Professor Weninger’s article, The Abolition of Plea Bargaining: A Case Study of El Paso County, Texas, was cited in the following article: Russell D. Covery, Plea Bargaining and Price Theory, 84 Geo. Wash. L. Rev. 920 (2016).
  1. Professor Casto’s book, The Supreme Court in the Early Republic, was cited in the following article: John O. McGinnis, The Duty of Clarity, 84 Geo. Wash. L. Rev. 843 (2016).
  1. Professor Murphy’s article, Separation of Powers and the Horizontal Force of Precedent, was cited in the following article: John O. McGinnis, The Duty of Clarity, 84 Geo. Wash. L. Rev. 843 (2016).
  1. Professor Velte’s article, So You Want to Have a Second Child? Second Child Bias and the Justification-Suppression Model of Prejudice in Family Responsibilities Discrimination, was cited in the following article: Julie Manning Magid, Cloaking: Public Policy and Pregnancy, 53 Am. Bus. L.J. 439 (2016).
  1. Professor Benham’s article, Dirty Secrets: The First Amendment in Protective-Order Litigation, was cited in the following article: Craig Smith et al., Finding A Balance Between Securing Confidentiality and Preserving Court Transparency: A Re-Visit of Rule 76A and its Application to Unfiled Discovery, 69 SMU L. Rev. 309 (2016).
  1. Professor Weninger’s article, Electronic Discovery and Sanctions For Spoliations: Perspectives From the Classroom, was cited in the following treatise: 14 Washin. Prac., Civil Procedure § 21:28 (2ed.) (2016).
  1. Professor Benham’s article, Beyond Congress’s Reach: Constitutional Aspects of Inherent Power, was cited in the following article: Kevin M. Clermont, Civil Procedure’s Five Big Ideas, 2016 Mich. St. L. Rev. 55 (2016).
  1. Professor Beyer’s article, Pet Animals: What Happens When Their Humans Die?, was cited in the following article: Kelsey Kobil, When It Comes To Standing, Two Legs Are Better Than Four, 120 Penn St. L. Rev. 621 (2016).
  1. Professor Beyer’s article, Cyber Estate Planning and Administration, was cited in the following article: Jared Walker, Return of the UFADAA: How Texas and Other States’ Adoption of the RUFADAA Can Change the Internet, 8 Est. Plan. & Community Prop. L.J. 577 (2016).
  1. Professor Beyer’s article, Decanting is Not Just for Sommeliers, was cited in the following article: Caroline M. Watson, Why Oh Why Wyoming: Why Connecticut Should Amend Its Trust Situs Laws And Move Onward And Westward With Wyoming, 29 Quinnipiac Prob. L.J. 469 (2016).
  1. Professor Beyer’s article, 2015 Texas Estate Planning Legislative Update, was cited in the following article: Brent Debnam, Deadly Intentions: Posthumously Modifying Unambiguous Wills to Protect the Actual Intentions of Texas’s Testators, 8 Est. Plan. & Community Prop. L.J. 461 (2016).
  1. Professor Velte’s article, Obergefell’s Expressive Promise, was cited in the following article: Morgan Shell, Transgender Student-Athletes in Texas School Districts: Why Can’t the UIL Give All Students Equal Playing Time, 48 Tex. Tech. L. Rev. 1043 (2016).
  1. Professor Beyer’s book, Modern Legal Dictionary For The Legal Profession, was cited in the following article: Yoshinori H.T. Himel, Americans’ Misuse of “Internment,” 14 Seattle J. for Soc. Just. 797 (2016).
  1. Professor Murphy’s article, Abandoning Standing: Trading a Rule of Access for a Rule of Deference, was citing in the following article: Rachel Bayefsky, Psychological Harm and Constitutional Standing, 81 Brook. L. Rev. 1555 (2016).

Quoted:

  1. Professor Beyer was interviewed by VICE news about pet trusts. The article can be found here.
  2. Professor Rosen was interviewed by POLITIFACT about military and court-martial laws. The article can be found here.

News:

  1. Professor Beyer’s pet trust expertise was highlighted in Vice Media article: Jules Suzdaltsev, Why Rich People Set Up Trust Funds for Their Pets, Vice, July 31, 2016 (containing extensive interview with Prof. Beyer).
  2. On August 19, 2016, Prof. Gerry W. Beyer was an invited speaker at the annual Advanced Estate Planning Conference sponsored by the Texas Society of Certified Public Accountants in San Antonio, Texas. His presentation, attended by over 300 CPAs, attorneys, and other professionals, was entitled Anticipating Will Contests and How to Avoid Them.
  3. On August 7th, Professor Tracy Pearl delivered a talk entitled “50 Years Later: Miranda & The Police” at the Southeastern Association of Law School’s 2016 Conference on Amelia Island in Florida.
  4. On August 17, 2016, Prof. Gerry W. Beyer was the speaker at a two-hour program in Kansas City sponsored by the Financial Planning Association of Greater Kansas City. His presentation was entitled Digital Assets, Pets, and Guns: Estate Planning Does Not Include Just Grandma’s Cameo Brooch Anymore.
  5. The Governor’s Task Force on Infectious Diseases met in Austin, Monday August 8th, and member, Prof. Victoria Sutton participated. The charge of the Task Force includes making recommendations regarding Texas responses to Zika.
  6. Dean Amy L. Jarmon presented on a panel at the Southeastern Association of Law Schools (SEALS) annual conference in August on the topic “Adapting to New Realities in Legal Education.”