University Library FACE 2006 2006 Entries- Law School

22nd Annual Faculty Academic Contributions Virtual Exhibit

 

The following items, arranged by the author's last name, were part of the 2006 exhibit:

"Re-arranging Deck Chairs on the Titanic: Why the Incarceration of Individuals with Serious Mental Illness Violates Public Health, Ethical, and Constitutional Principles and Therefore Cannot Be Made Right by Piecemeal Changes to the Insanity Defense," Houston Journal of Health Law & Policy 5 (Spring 2005): 1-73.

Jennifer Bard, Associate Professor in Law and Adjunct Associate Professor in the Department of Neuropsychiatry (HSC), Director of the Health Law Program

Bio: Professor Bard teaches Insurance Law, Public Health, Medical Malpractice, and Correctional Health Care. After a clerkship with the Honorable Frank H. Freedman, Chief Federal District Court Judge, District of Massachusetts, Professor Bard was a litigation associate with Shearman & Sterling in New York for seven years. In 1995, she moved to the AIDS Action Council of the Government Affairs Department as a health policy analyst in Washington, DC. Professor Bard has been an Assistant Attorney General in the Connecticut Attorney General 's Office and Assistant Professor, Department of Preventive Medicine and Community Health and Research Director for the Program on Legal and Ethical Issues in Correctional Health for the University of Texas Medical Branch in Galveston.

Abstact: When people with mental illness are placed in ordinary prisons, the conditions constitute deliberate indifference to basic health care needs. Crowding, regimentation, and lack of mental health services make prison an unsuitable place for the mentally ill. Confinement in regular prisons is inappropriate to people with mental illness and may well violate their Eighth Amendment right to be free of "cruel and unusual punishment. " Confinement without treatment is against society 's interest, because a large number of prisoners are eventually released and returned to society. The presence of so many people with mental illness in prison calls into question the ethical and moral basis for society 's assigning criminal responsibility to people with mental illness.

"Texas Criminal Procedure and the Offender with Mental Illness: An Analysis & Guide, Third Edition"

Daniel Benson, Horn Professor in Law

Bio: Professor Benson published a national criminal law casebook, Hall’s Criminal Law: Cases and Materials, Fifth Edition (1993), with co-authors John S. Baker of the Louisiana State University Law Center, Robert Force of the Tulane University School of law, and B. J. George of the New York Law School. With Associate Dean Brian Shannon he co-authored Texas Criminal Procedure and the Offender with Mental Illness: An Analysis and Guide in 1994, a second edition of the book in 1999, and a third edition in 2005. He has also co-authored with Associate Dean Shannon a 2004 revision of Mental Illness, Your Client, and the Criminal Law: A Handbook for Attorneys Who Represent Persons with Mental Illness. A third edition of that book is being prepared by Professor Benson and Associate Dean Shannon for publication in 2005.
     Professor Benson continues to render pro bono legal services to the Texas Tech University Health Sciences Center School of Medicine, as he has for the past twenty years, serving as legal counsel to hearing panels considering various cases involving terminations and grievances concerning School of Medicine faculty members.

Abstact: This book was a project funded through a grant by the Texas Bar Foundation. It analyzes Texas criminal statutes as they pertain to offenders and alleged offenders with mental impairments. The book was widely distributed, free of charge, to county and district court judges, criminal district attorneys, county attorneys, criminal defense attorneys, mental health consumer groups, family members of persons with mental illness, Texas libraries, and many others. The publication and distribution of the book was intended to promote the ends of justice by being an important educational tool. Many members of the practicing bench and bar, as well as the public in general, are not well-versed concerning the issues facing persons diagnosed with mental illness particularly when those persons are also caught up in the criminal justice system. A web version of the book is available at http://www.namitexas.org/resources/reading.html.

"Texas Wills and Estates: Cases and Materials"

Gerry Beyer, Governor Preston E. Smith Regents Professor in Law

Bio: Professor Gerry W. Beyer received his J.D., summa cum laude, from the Ohio State University and his LL.M. and J.S.D. degrees from the University of Illinois. Both his master s thesis and doctoral dissertation topics involved estate planning issues. Professor Beyer joined the faculty of the Texas Tech University School of Law in June 2005 as the Governor Preston E. Smith Regents Professor in Law. Previously, Prof. Beyer taught at the St. Mary s University School of Law from 1981 to May 2005 and has served as a visiting professor at several other law schools including Boston College, Southern Methodist University, the University of New Mexico, and Santa Clara University. A member of the Order of the Coif and the recipient of many outstanding and distinguished faculty awards, Professor Beyer specializes in estate planning and teaches courses such as Wills and Estates, Trusts, and Estate Planning.

Abstact: This book is designed for law school courses covering wills, intestate succession, and estate administration. The cases, problems, and questions are drawn extensively from Texas materials and attempt to provide the student with a comprehensive understanding of how decedent 's estates are handled in Texas.

"Wills and Trusts (Annual Survey of Texas Law)," SMU Law Review 58 (Summer 2005): 1205-28.

Gerry Beyer, Governor Preston E. Smith Regents Professor in Law

Bio: Professor Beyer teaches Wills & Trusts, Estate Planning, Texas Estate Administration, and Property. Previously, Prof. Beyer taught at the St. Mary s University School of Law in San Antonio, Texas from 1981 to May 2005 and has served as a visiting professor at several other law schools including Boston College, Southern Methodist University, the University of New Mexico, and Santa Clara University. Prof. Beyer has received numerous awards for his classroom work including Professor of the Year Award -- Tartlon Inn (St. Mary 's University) of Phi Delta Phi (2004-2005); Student Bar Association Professor of the Year Award -- St. Mary 's University (2002-2003); and Most Outstanding Professor Overall Award -- Tarlton Inn (St. Mary 's University) of Phi Delta Phi (2003). Prof. Beyer is a frequent contributor to both scholarly and practice-orientated publications and has authored and co-authored numerous books and articles focusing on various aspects of estate planning.

Abstact: 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 November 2, 2003, through November 1, 2004. The discussion of most cases includes a moral, that is, the important lesson to be learned from the case. By recognizing situations that have led to time consuming and costly litigation in the past, a practitioner may be able to reduce the likelihood of the same situations arising with his or her clients.

"In Pursuit of Attorney Work-Life Balance: Best Practices in Management: A Report of a Cross-Profession National Study of Attorneys"

Susan Fortney, George H. Mahon Professor in Law

Bio: Susan Saab Fortney serves as the George H. Mahon Professor in Law. Prior to joining the faculty, she worked with the U.S. Securities and Exchange Commission and practiced law, specializing in legal malpractice work. Professor Fortney s scholarship focuses on the law firm governance and ethics issues. She has conducted various empirical studies on law firm ethics and governance. Professor Fortney works with numerous state, national, and international programs, including the Fulbright Commission.

Abstact: The empirical work is a result of a cross-profession national study of attorneys practicing in law firms, as well as corporate and government offices. The study obtained qualitative and quantitative information through two questionnaires: one designed for managing attorneys and one designed for supervised attorneys. Managing and supervised attorneys also participated in focus groups in cities around the country. The study provides information on the extent of conflicts, the effect of conflicts, and initiatives that assist attorneys in pursuing work-life balance. The report reviews management best practices that have been shown to address work-life conflicts for attorneys.

"Law Firm General Counsel as Sherpa: Challenges Facing the In-Firm Lawyer 's Lawyer," The University of Kansas Law Review, vol. 53 no. 4 (May 2005): 835-851

Susan Fortney, George H. Mahon Professor in Law

Abstact: This article discusses the trend of law firms to appoint ethics and general counsel to serve as the lawyers ' lawyer. Rather than merely focusing on external challenges, such as handling legal malpractice claims, the article discusses the many ways that proactive general counsel can help firms handle internal challenges.

"Fifth Circuit Survey: Criminal Procedure--Sentencing, June 2003 - May 2004," Texas Tech Law Review, 37 (Spring 2005): 777-85

Angela Laughlin, Associate Professor in Law

Bio: Professor Laughlin earned her J.D. from Northeastern University School of Law in Boston, Massachusetts. She gained extensive practical experience through the unique and intensive legal cooperative education program at Northeastern. Her experience includes clerkships with two litigation firms in Washington, D.C., as well as an internship with the Honorable Robert E. Keeton, United States District Judge for the District of Massachusetts. Professor Laughlin also actively participated in the Civil Rights Clinic at Northeastern, both as a student attorney and as a teaching assistant. Professor Laughlin served as a law clerk to the Honorable Nancy M. Koenig, United States Magistrate Judge for the Northern District of Texas after graduating from law school. After her clerkship, Professor Laughlin accepted a position at Texas Tech teaching Legal Practice.

Abstact: During June 1, 2003, through May 31, 2004, the Fifth Circuit dealt with several challenges to the validity of sentence enhancements and departures from the Federal Sentencing Guidelines. The most significant trends were seen in the area of Apprendi challenges: attacks on sentence enhancements based on facts not admitted by the defendant nor presented to the jury. In addition, the Supreme Court 's most recent decision concerning the validity of sentencing guidelines in Blakely v. Washington has produced a split in the circuits as to the constitutionality of the federal sentencing guidelines. This Survey traces the most recent developments in Fifth Circuit jurisprudence on the issue of interpreting the Guidelines.

"Texas Criminal Procedure and the Offender with Mental Illness: An Analysis & Guide, Third Edition"

Brian Shannon, Charles Thornton Professor in Law and Associate Dean for Academic Affairs

Bio: Associate Dean & Thornton Professor Brian Shannon has been a member of the law faculty since 1988. Shannon also chairs the board of directors for the Lubbock Regional Mental Health & Mental Retardation Center, is an appointee to the Texas Governor s Committee on People with Disabilities, and is a past chair of the State Bar of Texas Disability Issues Committee. Shannon served on the legislative task force that drafted the current Texas criminal competency statutes.

Abstact: This book was a project funded through a grant by the Texas Bar Foundation. It analyzes Texas criminal statutes as they pertain to offenders and alleged offenders with mental impairments. The book was widely distributed, free of charge, to county and district court judges, criminal district attorneys, county attorneys, criminal defense attorneys, mental health consumer groups, family members of persons with mental illness, Texas libraries, and many others. The publication and distribution of the book was intended to promote the ends of justice by being an important educational tool. Many members of the practicing bench and bar, as well as the public in general, are not well-versed concerning the issues facing persons diagnosed with mental illness particularly when those persons are also caught up in the criminal justice system. A web version of the book is available at http://www.namitexas.org/resources/reading.html.

"A Multidisciplinary Approach to an Ethic of Biodefense and Bioterrorism," The Journal of Law, Medicine & Ethics, 33 (Summer 2005): 310-22.

Victoria Sutton, Robert H. Bean Professor in Law and Director, Center for Biodefense, Law and Public Policy

Bio: Before joining the faculty at Texas Tech, Dr. Sutton served in the Bush Administration as Assistant Director in the White House Science Office and in the U.S. Environmental Protection Agency. At Texas Tech University, Dr. Sutton was awarded the university-wide President 's Book Award for her groundbreaking casebook Law and Science: Cases and Materials. She was appointed to chair the University Academic Strategic Planning Task Force and to chair the Texas Tech University System Task Force on Anti-Terrorism and Public Security. Dr. Sutton has published numerous books, law review articles, and invited editorials on law and science, environmental law, American Indian law, Constitutional law, and law and bioterrorism. She is the author of Law and Science: Cases and Materials and Law and Bioterrorism.

Abstact: Examination of issues in biodefense ethics must include an approach from the perspectives of bioethics, public health, medical ethics, environmental ethics, governmental ethics, international relational ethics, and the ethics of the conduct of war. On the precipice of a world which has changed forever after September 2001, we must take on this threat of bioterrorism in the world and seek to form an international consensus in our bioethical approaches to protecting humankind.