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.”