Law Faculty Scholarship

Permanent URI for this collectionhttps://hdl.handle.net/10601/18

The dynamic faculty of Texas Tech University School of Law continually writes books, articles, and other scholarly materials on a wide range of law-related issues. This collection showcases the scholarly publications written by Tech Law faculty members.

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Now showing 1 - 20 of 1614

Bankruptcy & Commercial Law
(2023) Henry, Sally M.
In this article, the author provides a comprehensive review of recent developments in bankruptcy and commercial law as covered in the 2023 SMU Annual Texas Survey. The article examines key legislative changes, judicial rulings, and emerging trends impacting bankruptcy practices and commercial transactions. It highlights significant case law and statutory amendments that have shaped the current legal landscape, offering insights into their practical implications for practitioners and businesses. The review also explores the evolving interplay between bankruptcy law and commercial regulations, emphasizing areas of reform and ongoing challenges. This article serves as a valuable resource for understanding recent shifts and preparing for future developments in these critical areas of law.
The Case for Attempted Perfidy: An "Attempt" to Enhance Deterrent Value
(2023) Corn, Geoffrey S.
In this article, the author argues for recognizing attempted perfidy as a distinct and actionable offense under international law. The article contends that incorporating attempted perfidy into legal frameworks would strengthen deterrence against deceptive practices in armed conflict. By analyzing the concept of perfidy and its implications for the laws of war, the author highlights how acknowledging attempted perfidy could enhance compliance and accountability. The discussion includes a critical evaluation of existing legal provisions and their limitations in addressing preemptive deceptive acts. The article ultimately advocates for legal reforms to better address and deter deceptive tactics in warfare.
Attack Decisions: Expanding the Aperture of Accountability
(2023) Corn, Geoffrey S.
In this article, the author examines the legal and ethical dimensions of decision-making processes in the context of military and security operations. The article argues for a broader framework of accountability that addresses not only the immediate actions but also the strategic and policy decisions influencing attacks. By analyzing recent case law and operational examples, the author highlights gaps in current accountability mechanisms and proposes enhancements to ensure greater oversight and responsibility. The discussion emphasizes the need for transparency and ethical considerations in decision-making to align actions with international norms and standards. This article contributes to the ongoing debate about improving accountability in military and security contexts.
Questions, Methodology, and Action: A Response to Ryan & Muller
(2023) Christopher, Catherine M.
In this article, the author engages critically with the arguments presented in Ryan and Muller’s 2023 Florida Law Review article. The response addresses key methodological concerns and questions raised by the original authors, offering alternative perspectives and insights. By scrutinizing the methods employed and the conclusions drawn, the author aims to clarify ambiguities and propose more robust approaches for legal analysis. The article highlights the importance of rigorous methodology in legal scholarship and advocates for a more nuanced understanding of the issues discussed. This response contributes to the ongoing scholarly dialogue, enhancing the discourse on the subject matter.
Helping Students to Organize Their Thoughts About the Erie Doctrine
(2023) Casto, William R.
In this article, the author provides a comprehensive guide to understanding the complexities of the Erie Doctrine and its application in federal courts. The article offers practical strategies for students and educators to grasp the doctrine's principles, which govern the interplay between federal and state law. The author presents a structured approach to dissecting the doctrine's historical context, key cases, and procedural implications. By emphasizing clear organization and critical analysis, the author aims to enhance students' comprehension and application of the Erie Doctrine. The article serves as a valuable resource for both teaching and learning about this fundamental aspect of American procedural law.
The Effectiveness of Customary International Law: Stephen Lushington and the Trent Affair
(2023) Casto, William R.
In this article, the author investigates the historical and legal impact of the Trent Affair on customary international law. The article explores how Stephen Lushington’s legal reasoning and decisions shaped the application and interpretation of customary norms during the incident. The author evaluates the strengths and weaknesses of customary law in addressing international conflicts, as revealed by this significant case. By examining Lushington’s contributions and the broader consequences of the Trent Affair, the author highlights the evolving nature of international legal standards. The study ultimately suggests a need to reassess the application of customary law in modern international contexts.
Where Does Data Live?
(2023) Black, Stephen T.
In this article, the author explores the complexities surrounding data storage and its physical and legal implications. The article investigates the locations and jurisdictions where data resides, examining how these factors influence privacy, security, and regulatory compliance. The author highlights the challenges that arise from data being dispersed across various servers and countries, leading to conflicting legal standards and enforcement issues. Through a detailed analysis of current data management practices and legal frameworks, the author underscores the need for clearer policies and international cooperation. The article advocates for a more coherent approach to data governance to address the evolving landscape of digital information.
Secrecy and Transparency in Substantive Due Process Litigation
(2023) Benham, Dustin
In this article, the author examines the intricate balance between secrecy and transparency within the realm of substantive due process cases. The article highlights how courts and litigants grapple with issues of confidentiality and public access in legal proceedings that shape fundamental rights. The author argues that while secrecy can protect sensitive information and the parties involved, it may also undermine public trust and hinder the development of legal principles. Through a critical analysis of case law and procedural practices, the author calls for a reevaluation of how transparency is managed to ensure both justice and accountability. The article ultimately advocates for a more nuanced approach to balancing these competing values in due process litigation.
Wills & Trusts
(2023) Byer, Gerry W.
The article examines significant case law, legislative updates, and emerging trends affecting wills and trusts. Key topics include changes in probate procedures, advancements in trust administration, and evolving interpretations of testamentary intent. The author offers critical analysis of how these developments impact both practitioners and clients in estate planning. This survey serves as an essential resource for understanding current legal standards and practical considerations in Texas estate law.
Estate Planning for Cyber Property - Electronic Communications, Cryptocurrency, Non-Fungible Tokens, and the Metaverse
(2023) Beyer, Gerry W.; Nipp, Kerri
The article explores the complexities of managing digital assets in estate planning. It discusses how traditional estate planning techniques are often inadequate for handling modern cyber property such as email accounts, cryptocurrencies, NFTs, and virtual assets within the metaverse. The author provides insights into legal frameworks and strategies for incorporating these digital assets into wills and trusts. Key issues addressed include asset valuation, access control, and the need for specialized provisions. The authors advocate for a proactive approach to ensure that digital assets are effectively managed and transferred according to the testator’s wishes.
The Viability of Inserting Descriptive Photos in Wills: A Picture Is Worth a Thousand Words
(2024) Beyer, Gerry W.; Blosser, Scout S.
The article argues that visual representations can enhance clarity and reduce disputes by providing concrete evidence of the testator’s intentions regarding specific assets. Through a review of current probate practices and case studies, the author highlights how photos can aid in the accurate distribution of property and minimize ambiguities. The article also addresses potential challenges, such as privacy concerns and the need for proper authentication. Ultimately, it suggests that integrating descriptive photos could be a valuable tool for modernizing estate planning and improving the execution of wills.
"Purposefully Vague" or Problematic? Why Lawyers Must Define the Duty of Tech Competence
(2024) Arrington, Ashley
As technology rapidly evolves, the lack of a clear, standardized definition for this duty creates uncertainty and potential risks for legal practitioners. The author argues that the broad, vague language currently used in professional guidelines is inadequate and may lead to inconsistent application and enforcement. By analyzing recent case law and regulatory trends, the article advocates for a more precise definition that balances flexibility with clear standards. Ultimately, it emphasizes the need for the legal field to proactively address these issues to ensure effective and ethical legal practice in a tech-driven world.
Publishing Functioning JD Institutional Learning Outcomes on Legal Research: Why and How?
(2023) Nie, Dajiang
Publishing functioning JD institutional learning outcomes for legal research is crucial for enhancing the transparency and effectiveness of legal education. It provides a clear framework for assessing students' proficiency in legal research, ensuring that educational objectives align with professional standards and expectations. By detailing the specific competencies and skills students are expected to acquire, institutions can better guide curriculum development and instructional strategies. This publication also facilitates the evaluation of program effectiveness and helps in maintaining accreditation standards. Ultimately, it contributes to the continuous improvement of legal education by ensuring that graduates are well-prepared to meet the demands of the legal profession.
A Zone for Nonstatutory Review of Constitutional Claims
(2023) Murphy, Ricahrd W.
A zone for nonstatutory review of constitutional claims serves as a specialized legal framework designed to address constitutional issues that fall outside traditional statutory review mechanisms. This zone provides an alternative pathway for litigants seeking redress for alleged constitutional violations when statutory remedies are inadequate or unavailable. It operates on principles of judicial oversight and flexibility, aiming to ensure that constitutional rights are effectively safeguarded. The zone facilitates a more nuanced examination of claims by allowing courts to consider constitutional questions directly, bypassing procedural limitations inherent in standard review processes. Ultimately, it enhances the protection of fundamental rights by offering a dedicated forum for resolving complex constitutional disputes.
Dean Debbie Bell: Extraordinary Administrator
(2024) Nowlin, Jack Wade
This summary highlights the exceptional administrative career of Dean Debbie Bell, showcasing her significant contributions to academic leadership and institutional advancement. Dean Bell is recognized for her innovative approach to administration, which has greatly enhanced the effectiveness and reputation of her institution. Her tenure is marked by strategic initiatives that have transformed academic programs, fostered community engagement, and promoted a culture of excellence and inclusion. Under her leadership, the institution has seen notable improvements in operational efficiency, faculty development, and student success. Dean Bell's ability to navigate complex administrative challenges, coupled with her commitment to visionary goals, has established her as a distinguished figure in academic administration. Her impact is evident in the institution's enhanced academic standing and the positive outcomes for students and faculty alike.
Brief History of the Texas Insanity Defense
(2024) Shannon, Brian D.
This summary provides an overview of the evolution of the insanity defense in Texas, tracing its historical development and key legal milestones. Historically, the insanity defense in Texas has undergone significant changes, reflecting shifts in legal standards and societal attitudes towards mental health. The defense initially relied on broad, common law principles, but the introduction of more structured criteria came with the Texas Penal Code's enactment. Over time, Texas adopted the M'Naghten Rule, focusing on whether the defendant could distinguish right from wrong due to a severe mental disorder. In the late 20th century, Texas further refined the insanity defense with legislative reforms that included the addition of the "guilty but mentally ill" (GBMI) verdict. This provision allows for a conviction with acknowledgment of mental illness, leading to treatment within the correctional system. The evolution of the Texas insanity defense has been shaped by legal precedents, legislative actions, and public discourse on mental health, striving to balance justice with considerations of mental health issues in criminal cases.
Model Legal Processes for Court-Ordererd Mental Health Treatment-A Modern Approach
(2023) Shannon, Brian D.
This summary explores the contemporary framework for court-ordered mental health treatment, reflecting advancements in legal and clinical practices. The process typically begins with the filing of a petition by concerned parties, such as family members or healthcare professionals, seeking judicial intervention. Upon petition, a comprehensive psychological evaluation is conducted, often using digital tools to streamline information management. A key feature of modern proceedings is the use of virtual hearings, enhancing accessibility and efficiency. The court's decision is informed by a thorough review of evidence and aims to produce a tailored, personalized treatment plan. The implementation phase emphasizes integrated care coordination, involving mental health providers and support services to address the individual's needs comprehensively. Ongoing compliance and effectiveness are monitored through structured reviews, with the flexibility to adjust the treatment plan as needed. Individuals retain the right to legal representation and the ability to appeal court decisions, ensuring procedural fairness and respect for personal rights. This modern approach integrates technological advancements and best practices to provide a balanced, responsive framework for court-ordered mental health treatment.
Hocus Pocus: Modern-Day Manifestations of Witch Hunts
(2023) Sherwin, Brie D.
In "Hocus Pocus: Modern-Day Manifestations of Witch Hunts," Brie D. Sherwin explores how historical witch hunts have evolved into contemporary issues. The book examines how the same fear-driven, scapegoating dynamics that fueled past witch hunts are reflected in modern social, political, and cultural contexts. Sherwin discusses various instances where individuals or groups are persecuted or marginalized due to irrational fears, misinformation, or scapegoating, drawing parallels to historical witch hunts. Through this analysis, Sherwin underscores the persistence of these harmful patterns and advocates for a more thoughtful and compassionate approach to addressing societal conflicts.
Appellate Courts: Stop Accepting an "Absurd" First Amendment Analysis for Native Nations' Sacred Site Destruction
(2023) Sutton, Victoria
In a recent development, appellate courts have rejected an extreme First Amendment analysis regarding the destruction of sacred sites belonging to Native Nations. The case, highlighted by legal scholar Victoria Sutton, involved the argument that the First Amendment's freedom of religion could be interpreted to justify the desecration of these sacred lands. The courts determined that such an interpretation was absurd and contrary to established legal protections for Native American sacred sites. This decision reinforces the principle that religious freedoms do not extend to actions that harm culturally significant sites. Sutton's analysis underscores a critical shift towards more respectful legal considerations of Native American sacred lands in the face of constitutional claims.
Ethical Challenges in Texas Criminal Proceedings Involving Defendants with Mental Illness
(2022) Shannon, Brian D.
The article examines the intersection of mental health issues with criminal law, highlighting the difficulties in ensuring fair treatment and due process. This article explores the roles and responsibilities of defense attorneys, prosecutors, and judges, emphasizing the need for specialized knowledge and sensitivity in handling such cases. The article also discusses potential reforms to improve the ethical handling of these cases, including better access to mental health resources and training for legal professionals. Ultimately, this article advocates for a more compassionate and informed approach to criminal proceedings involving defendants with mental illness.

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