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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Recent Submissions

  • Uncaging the Donee’s Freedom 

    Beyer, Gerry W. (Jotwell: Journal of Things We Like, 2018)
    Reviews Mark Glover’s article, Freedom of Inheritance, 2017 Utah L. Rev. 283 (2017), available at SSRN, Overall, the article is recommended as a clear explanation ...
  • Regulating Coal Ash Waste In the Trump Era 

    Sherwin, Brie D. (Stanford Environmental Law Journal, 2017)
    On February 16, 2017, President Trump signed legislation repealing the Stream Protection Rule and touted the move as clearing the way for job growth. By utilizing a rarely-used federal statute, called the Congressional ...
  • Dissecting the ABA Texas Capital Punishment Assessment Report of 2013: Death and Texas, a Surprising Improvement 

    Metze, Patrick S. (Akron Law Review, 2017)
    Professor Metze dissects the American Bar Association report, September 2013, entitled Evaluating Fairness and Accuracy in State Death Penalty Systems: The Texas Capital Punishment Assessment Report—An Analysis of Texas’s ...
  • Digital Assets – A Guide to Planning and Administration 

    Beyer, Gerry W. (Estate Planning Studies, 2018)
    Prudent estate professionals must address digital assets from two perspectives. First, they must provide for the disposition of digital assets. Second, they must provide instructions to fiduciaries regarding access to ...
  • 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 

    Velte, Kyle (Law & Inequality: A Journal of Theory and Practice, 2018)
    In the 2017 term, the U.S. Supreme Court will consider the most significant LGBT-rights case since its 2015 marriage equality decision: Masterpiece Cakeshop v. Colorado Civil Rights Commission. The case presents a ...
  • The Revised NCAA Division I Governance Structure After Three Years: A Scorecard 

    Shannon, Brian D. (Texas A&M Law Review, 2017)
    This Article will explore the development and certain key highlights of the redesigned governance process for NCAA Division I and discuss some of the early successes achieved via the new structure. In addition, the Article ...
  • Estate Planning and Probate Law 

    Beyer, Gerry W. (Texas Bar Journal, 2018)
    An annual update on notable Texas cases and legislative changes that may affect estate planning. Topics vary but may include: durable power of attorney, digital assets, inheritance rights and medical power of attorney.
  • Resolving Civil Forfeiture Disputes 

    Batra, Rishi (University of Kansas Law Review, 2017)
    Civil forfeiture disputes regarding cash are some of the most difficult to resolve due to the psychological and structural nature of these disputes. However, as these disputes arise fairly frequently, tools are needed for ...
  • Just Like Pulling Teeth: How Dental Education’s Crisis Shows the Way Forward for Law Schools 

    Chiappinelli, Eric A. (Seton Hall Law Review, 2017)
    Nearly all observers of the current law school crisis treat legal education as a unique discipline. In their view, legal education as a whole and individual law schools have nothing to learn from outsiders that would be ...
  • Abandon Chevron and Modernize Stare Decisis for the Administrative State 

    Murphy, Richard W. (Alabama Law Review, 2017)
    Critics including Justices Gorsuch and Thomas have recently condemned the Chevron doctrine, which requires courts to defer to an agency’s reasonable construction of a statute that it administers, for undermining separation ...
  • Fast & Furious: The Misregulation Of Driverless Cars 

    Pearl, Tracy Hresko (N.Y.U. Annual Survey of American Law, 2017)
    Discusses what types of laws should be in place to both further the development and use of driverless cars while providing appropriate legal consequences when things go wrong and there are accidents. Lawmakers who wish to ...
  • Indigenizing Equality 

    Pearl, M. Alexander; Velte, Kyle (Yale Law & Policy Review, 2017)
    The authors discuss one of three ways that marriage equality could become the rule of law in all Indian Tribes just as it has in the United States; (1) through imposition by Congress, (2) through a federal court mandate, ...
  • The Wisdom Of Universal DNA Collection: A Reply To Professor Meghan J. Ryan 

    Loewy, Arnold H. (SMU Science and Technology Law Review, 2017)
    Professor Loewy replies to a commentary written by Professor Meghan J. Ryan in response to the universal collection of DNA. This article’s response addresses several concerns including; of the costs of a universal DNA ...
  • Planning For Incapacity: Helping Clients Prepare For Potential Future Health Crises 

    James, Vaughn E. (Estate Planning and Community Property Law Journal, 2017)
    All people need to plan financially for incapacity. As individuals plan, they will turn to their lawyers-or estate planners and personal financial planners-to help them. This article examines various ways in which these ...
  • Advising Presidents: Private Advice vs. Public Advocacy 

    Casto, William R. (Ohio Northern University Law Review, 2017)
    The focus of this article is on the advisory relationship between General Robert H. Jackson and President Franklin D. Roosevelt. The author was able to examine a wealth of primary materials and gain a focus on the advisory ...
  • Franklin Roosevelt And The Forgotten History Of The Earned Income Tax Credit 

    Camp, Bryan T. (Green Bag 2d, 2017)
    On line 27 of Franklin Roosevelt’s 1934 tax return, he claimed an “Earned income credit” of $1,400. The author was curious about it and discovered a bit of lost history about the never-ending battle between labor and ...
  • The Copyright Box Model 

    Black, Stephen T. (Seattle University Law Review, 2017)
    Discusses the costs and infrastructure associated with developing a world-class ecosystem to attract outside business that is ready and willing to invest research and development (“R&D”) dollars in foreign jurisdictions. ...
  • Wills & Trusts 2017 

    Beyer, Gerry (SMU Annual Texas Survey, 2017)
    This article discusses judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters during the Survey period of December 1, 2015 through November 30, ...
  • Using The Terms Integrative And Distributive Bargaining In The Classroom: Time For Change? 

    Batra, Rishi (Journal of Dispute Resolution, 2017)
    One of the opportunities afforded by the recent "Tower of Babel" symposium was the chance to step back and ask fundamental questions about the structure of negotiation, and how it is taught. The integrative / distributive ...
  • Improving The Uniform Partition Of Heirs Property Act 

    Batra, Rishi (George Mason Law Review, 2017)
    Many times family land is owned among many related individuals a condition known as “heirs property.” This can be a problem when someone wants to sell their portion of the property. This person can legally force a sale of ...

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