February 2018 Law Faculty Publications & News

Throughout February, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is a compilation of those daily alerts for February 1 to February 28, 2018.

Books:

  1. Catherine Martin Christopher, Tackling the Texas Essays: Efficient Preparation for the Texas Bar Exam (2018).

Articles:

  1. Kyle C. Velte, Why the Religious Right Can’t Have Its (Straight Wedding) Cake and Eat It Too: Breaking the Preservation-Through-Transformation Dynamic in Masterpiece Cakeshop v. Colorado Civil Rights Commission, 36 Law & Ineq. 67 (2018).
  1. Arnold H. Loewy, Distinguishing Confessions Obtained in Violation of the Fifth Amendment from Those Obtained in Violation of the Sixth Amendment, 50 Tex. Tech L. Rev. 145 (2017).
  1. Tracy Hresko Pearl, Fifty Years Later: Miranda & the Police, 50 Tex. Tech L. Rev. 63 (2017).
  1. Gerry W. Beyer, Digital Assets – A Guide to Planning and Administration, Est. Plan. Studies, Jan. 2018, at 1.
  1. Gerry W. Beyer, Estate Planning and Probate Law, 81 Tex. B.J. 32 (2018).
  1. Bryan T. Camp, A New In Camera Review Requirement for Summons Proceedings?, 2018 TXN Magazine 9-7 (2018).

Op-Ed:

  1. Arnold Loewy & Charles Moster, It’s Debatable: Should U.S. replace its current Constitution?, Lubbock Avalanche-J. (Feb. 9,, 2018 08:44 pm), http://lubbockonline.com/opinion/opinion-columnists/2018-02-09/it-s-debatable-should-us-replace-its-current-constitution.

Cited:

  1. Prof. Casto’s article A Post of Great Legal Power and Even Greater Moral Influence is cited in the following article: James H. Johnston, Segregation in the Federal Courthouse in Washington D.C. Before and After Brown v. Topeka Board, 61 How. L.J. 35 (2017).
  1. Prof. Soonpaa’s article Stress in Law Students: A Comparative Study of First-Year, Second-Year, and Third-Year Students is cited in the following article: Ian Ayres, Joseph Bankman, Barbara Fried, & Kristine Luce, Anxiety Psychoeducation for Law Students: A Pilot Program, 67 J. Legal Educ. 118 (2017).
  1. Prof. Huffman’s article Margin of Error: Potential Pitfalls of the Ruling in The Prosecutor v. Ante Gotovina is cited in the following article: Stephen Townley, Indiscriminate Attacks and the Past, Present, and Future of the Rules/Standards and Objective/ Subjective Debates in International Humanitarian Law, 50 Vand. J. of Transnat’l L. 1223 (2017).
  1. Prof. Batra’s article Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective is cited in the following article: Darryl Brown, The Judicial Role in Criminal Charging and Plea Bargaining, 46 Hofstra L. Rev. 63 (2017).
  1. Prof. Loewy’s article Statutory Rape in a Post Lawrence v. Texas World is cited in the following article: Catherine L. Carpenter, A Sign of Hope: Shifting Attitudes on Sex Offense Registration Laws, 47 Sw. L. Rev. 1 (2017).
  1. Prof. Camp’s article Form Over Substance in Fifth Circuit Tax Cases is cited in the following article: Lauren O’Malley, Delineating Permissible Tax Planning and Abusive Tax Avoidance: Tax Shelters, Pre-Tax Profit, and the Foreign Tax Credit, 36 B.U. Int’l L.J. 143 (2018).
  1. Prof. Loewy’s article Cops, Cars, and Citizens: Fixing the Broken Balance is cited in the following article: Bennett Capers, Policing, Technology, and Doctrinal Assists, 69 Fla. L. Rev. 723 (2017).
  1. Prof. Murphy’s article Separation of Powers and the Horizontal Force of Precedent is cited in the following article: Randy J. Kozel, Precedent and Constitutional Structure, 112 Nw. U.L. Rev. 789 (2018).
  1. Prof. Humphrey’s article Two-Stepping Around a Minor’s Constitutional Right to Abortion is cited in the following article: Mary Ziegler, Facing Facts: The New Era of Abortion Conflict After Whole Woman’s Health, 52 Wake Forest L. Rev. 1231 (2017).
  1. Prof. Henry’s article Paying-To-Play in Chapter 11 is cited in the following article: Josef S. Athanas, Matthew L. Warren, and Emil P. Khatchatourian, Bankruptcy Needs to Get Its Priorities Straight: A Proposal for Limiting the Leverage of Unsecured Creditors’ Committees When Unsecured Creditors Are “Out-of-the-Money”, 26 Am. Bankr. Inst. L. Rev. 93 (2018).
  1. Prof. Camp’s article Theory and Practice in Tax Administration is cited in the following article: Eric A. San Juan, From Tax Collector to Fiscal Panopticon: A Social History of A Century of Federal Income Taxation, 15 Rutgers J.L. & Pub. Pol’y 128 (2018).

Quoted:

  1. Prof. Tracy Pearl is quoted and cited extensively in the following article: Jane Komsky, Addressing the Dangers of Partially Driverless Cars, The Reg. Rev. (Feb 6, 2018), https://www.theregreview.org/2018/02/06/komsky-addressing-partially-driverless-cars/.
  1. Prof. Murphy’s article Separation of Powers and the Horizontal Force of Precedent is quoted in the following article: Randy J. Kozel, Precedent and Constitutional Structure, 12 Nw. U. L. Rev. 789 (2018).

News:

  1. Professor Gerry W. Beyer’s post on his Wills, Trusts, and Estates Blog entitled Assets on Ice, Cryogenic Estate Planning made the weekly list of top 10 blog posts on Texas Bar Today.
  1. On February 1, Professor Gerry W. Beyer traveled to Fort Worth, Texas to serve as the featured speaker at February meeting of the Tarrant County Probate Bar Association.  To an audience of approximately 150 attorneys and judges, Prof. Beyer presented his paper entitled Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.
  1. On February 2, Professor Brian Shannon spoke on the topic, “Mental Health 101,” at the Texas Criminal Defense Lawyers Mental Health Law conference at South Padre Island.
  1. On February 8-9, Professor Brian Shannon presided over a meeting at NCAA headquarters in Indianapolis of the national board for 1A FAR, the NCAA faculty athletics representatives from the members in the 10 Football Bowl Subdivision universities.
  1. On February 9, Professor Jamie Baker participated as an invited panelist at the South Carolina Law Review Symposium on artificial intelligence. Later this spring, the Law Review will publish an article she wrote for their symposium edition found here in draft form: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3097250.
  1. On February 15-16, Professor Brian Shannon presided over a meeting at NCAA headquarters in Indianapolis of the NCAA Division I Legislative Committee.
  1. On February 16, Professor Gerry W. Beyer was the keynote speaker for the two-day program, 2018 Docket Call in Probate Court, sponsored by the San Antonio Estate Planners Council in San Antonio. His presentation to an audience of approximately 200 estate attorneys, CPAs, financial planners, and other professionals was entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice. His paper with the same title was also distributed to the attendees.
  1. On February 20, Professor Gerry W. Beyer was the luncheon speaker for the Heritage Study Club, one of the oldest community organizations in Lubbock having been formed in the 1940s. His presentation was geared to motivate attendees to get their estate plans in order and was entitled Everyone Should Prepare Estate Planning Documents – Yes, That Means You!
  1. On February 22, Professor Tracy Pearl was invited to give a talk at the Washburn University School of Law about the regulation of semi-autonomous vehicles.
  1. On February 23, 2018, Professor Gerry W. Beyer was the lead-off speaker for the CFP® Continuing Education program hosted by the Texas Tech University Department of Personal Financial Planning during its Opportunity Days program. His presentations and accompanying articles were entitled Intestate Succession: What Every Texas Estate Planning Needs to Know and Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trusts Practice.
  1. On February 23, Professor Tracy Pearl was invited by the LSU Law Center to present a paper about autonomous vehicles and the law.
  1. The Financial Planning Association of West Texas recently announced that it has named its Certified Financial Planning Examination Scholarship in honor of Professor Gerry W. Beyer. This year’s scholarship winners will be announced at the Opportunity Days Banquet on February 23.
  1. On February 27, Professor Brian Shannon addressed the Texas Center for the Judiciary’s Mental Health Conference in Austin with a Mental Health Legislative Update.

Celebrate Women’s History Month with our March Madness Competition

This month, the law library is bringing together two of our favorite things: celebrating women and March Madness!  You may have noticed this awesome display in the lobby to the library and wondered what it’s for.

poster

This competition is meant to introduce you to some fabulous women in legal history, and to act as stress relief as we head into the middle of the semester.  You’ll have a chance to learn about some inspiring women and win some cool prizes!

Here’s how it works:

  1.  Starting on March 1, 2018, two legal figures will face each other to determine which of the two is the most inspiring female legal figure.  For each match, anyone can cast a single vote for who they believe is the most inspiring. You can vote by participating in our daily Twitter or Facebook poll, or by casting a vote at the Circulation Desk.  Matches will occur each day, including Saturdays and Sundays.
  2. Starting Monday, February 26, 2018 (today!), 101 decks of seven cards each (six trading cards + one rule card) will be available at the Circulation Desk on a first-come, first-served basis. Decks will be available until a single legal figure remains. baseball-cards.jpg
  3. The contest will be divided into five rounds corresponding with the tournament bracket displayed near the Circulation Desk:
    • First Round: Entry opens Monday, February 26th at noon // Entry closes Thursday, March 1st at 5:00pm // Eight winners announced Monday, March 19th.
    • Second Round: Entry opens Thursday, March 1st at 8:00am // Entry closes Friday, March 16th at 5:00pm // Four winners announced Monday, March 26th.
    • Third Round: Entry opens Thursday, March 1st at 8:00am // Entry closes Saturday, March 24th at 5:00pm // Three winners announced Thursday, March 29th.
    • Fourth Round: Entry opens Thursday, March 1st at 8:00am // Entry closes Wednesday, March 28th at 5:00pm // Two winners announced Monday, April 2nd.
    • Fifth Round: Entry opens Thursday, March 1st at 8:00am // Entry closes Saturday, March 31st at 5:00pm // Winner announced Monday, April 2nd.
  4. Participants enter a round by signing (legibly) and dating the card of a legal figure they believe will survive a round of competition and placing the card in the ballot box for that round before entry closes.  Participants may NOT enter each round more than once.  Neither illegibly signed cards, nor the cards of participants who enter more than one card into a single round will be considered.
  5. Winners are decided according to the following method: (1) At the close of each round, the ballot box for the round will be collected, (2) participants who provide an incorrect answer will be removed from consideration, (3) participants rendered ineligible from participation in the round under Rule 4 (above) will be removed from consideration; and (5) participants who provide a correct answer earn one additional chance to win for each round that closed after their entry was made and before the current round closed, (6) after additional chances to win are determined, winners will be randomly drawn from a bowl of the contestants’ names.
    • Example: A enters a correct answer for the Championship round on Thursday, March 1st. B enters a correct answer fro the Championship round on Monday, March 26th.  Initially, both A and B have one chance to win. However, because four rounds closed after A submitted their answer, A will receive four additional chances to win for a total of five chances.  In comparison, B will only receive two chances to win because only one round ended after they entered their card.

Stop by today to pick up your pack of cards! The prizes get better with every round, so play hard and play often!

Bloomberg BNA’s Health Care Daily Report: What is it?

This is the first of a four part blog series spotlighting Bloomberg BNA’s Health Care Daily Reporting.

Bloomberg BNA’s Health Care Daily Report provides the most timely reporting of health care policy and law, including focused coverage of Medicare, Medicaid, and managed care. This database contains all issues published since October 1, 1996.

The Health Care Daily Report home page includes important information such as Latest Developments, Hot Topics, Recent Topics, Companies, From the Editors, and Finding Tools.

Below is a view of the home page.

homepage

If you are looking for the most recent news in the area of health care law, then you should direct your attention to the Latest Developments section in the middle of the home page. The home page gives an informative title that you can click on to get more information on that specific development.

Below is a view of the latest developments from the home page.

latest developments

On the left side of the home page, the Hot Topics, Recent Topics, Law Firms, Companies, Courts, States, and Agencies can be located. These tools can help you identify changes to specific practice areas.

left side

On the right side of the home page, you can access information that the editors of the Health Care Daily Report think are important or notable. Additionally, you can locate a couple of finding tools to help you find reported cases. You can utilize the Finding Tools to locate cases by organizing them in alphabetical order or by viewing recently reported cases.

right side 2

Access to Bloomberg’s BNA Health Care Daily Report database is available through the Texas Tech Law Library website under the Electronic Databases tab.

American Journal of Public Health: Current Issues

This is the fourth in a four part series blog post spotlighting the American Public Health Association’s American Journal of Public Health.

The American Journal of Public Health (AJPH) website gives you access to the current issue of the AJPH. To access the Current Issue from the home page, select the Articles tab and then select Current Issue.

Below, the blue arrow indicates where the Current Issue can be located on the home page.

AJPH current issue with arrow

After selecting the Current Issue, the site directs you to a different page with the articles and content found in the current issue. The articles in the current issue are organized by topics such as Editor’s Choice, Editorials, Perspectives, and Policy. The articles are further organized by sub-topics including children, science, and vaccination.

Below is a view of the various articles in AJPH’s September 2017 issue organized by topics and sub-topics.

AJPH current issue 2

From the Current Issue page, you can see the author(s) of a specific article. Additionally, you can access an article’s full text, citation, references, and PDF.

AJPH article

If you would like to access the previous issue, it can be easily accessed from the Current Issue page. To access the previous issue, select Previous Issue located at the top right of the screen.

Below, the blue arrow indicates the location of the Previous Issue on the Current Issue page.

AJPH previous issue 2

Access to the American Journal of Public Health’s database is available through the Texas Tech Law Library website under the Electronic Databases tab.

The Importance of Legal Research Skills for Practice

Nearly all law schools are focusing on preparing “practice-ready” graduates. This approach to legal education was advanced in the 1990’s with the McCrate Report, and it has really taken hold within the last few years. A major part of preparing practice-ready grads is teaching effective, efficient legal research skills. For the past couple of years, survey after survey has shown the continued importance of legal research skills for practice.

In 2013, Steve Lastres, Director of Library & Knowledge Management at Debevoise & Plimpton LLP, analyzed the results of a recent survey conducted by The Research Intelligence Group called the “New Attorney Research Methods Survey.” Survey respondents “included 190 young attorneys equally represented by large and small law firms across a variety of practice areas. Nearly forty percent of the respondents were 28 or younger, in practice for five or less years, and a quarter of the respondents were recent law school graduates from the class of 2011 or 2012.”

Key findings from the survey included the following:

  • Newer attorneys spend more than 30% of their time doing legal research
  • Approximately 50% of associates think legal research should be a larger part of the law school curriculum
  • Over 80% of associates use an extensive range of content from traditional primary law and secondary materials to News, Court Transcripts, Verdicts, Dockets, Public Records and more.
  • Legal Classification systems are rarely used (only 12% begin with a legal classification system)
  • Attorneys use free online research resources but spend most of their time, over 8 hours per week, using paid-for online research services.

Additionally in 2013, the Wall Street Journal blog posted the results of a focus-group study with legal employers where the results showed that employers are looking for expert researchers with people skills. According to this study, “[t]he focus-group participants said ideal job applicants have a strong work ethic, can work independently without excessive ‘hand holding,’ and would bring a positive attitude to the workplace.” The other important skill was the ability to research. 

“Employers, particularly those with more years in practice, rely on new attorneys to be research experts. The employers in [the] focus groups have high expectations when it comes to new hires’ research skills, i.e., ‘[t]hey should be able to adequately and effectively find everything that’s up to the minute.’” Susan Wawrose, What Do Legal Employers Want to See in New Graduates?: Using Focus Groups to Find Out, 39 Ohio N. U. L. Rev. 505 (2013).

The legal employers noted that “[b]eing a research expert also means knowing how to scour books, not just websites. ‘Statutes, treatises and encyclopedias, and desk books are the sources employers still use in paper form. For this reason, new attorneys may want to be familiar with these paper sources.’” Id.

Last but not least, BAR/BRI recently released the first of what it intends to be an annual survey on the “State of the Legal Field.” The objective is to “evaluate industry perceptions about the state of the legal field” and establish benchmarks related to student practice readiness, employment expectations, employment trends, and law degree return on investment. Faculty, law students, and practitioners were surveyed.

Key finding number 2 from the BAR/BRI report stated that “[f]aculty placed very little importance on research, with just 4 percent citing it as the most important skill for recent law school graduates. In contrast, 18 percent of attorneys named research the most important skill a new lawyer should possess.”

These surveys offer proof from practitioners that legal research is a necessary skill for practice.

*This post was originally published on the RIPS Law Librarian Blog.