22nd Annual Faculty Academic Contributions Virtual Exhibit |
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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. 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.
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.
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.
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.
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.
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.
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.
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. |
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University Library
FACE 2006
2006 Entries- Law School
"Texas Wills and Estates: Cases and Materials"
"Wills and Trusts (Annual Survey of Texas Law)," SMU Law Review 58 (Summer 2005): 1205-28.
"In Pursuit of Attorney
Work-Life Balance: Best Practices in Management: A Report of a
Cross-Profession National Study of 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
"Fifth Circuit Survey: Criminal
Procedure--Sentencing, June 2003 - May 2004," Texas Tech Law Review,
37 (Spring 2005): 777-85
"Texas Criminal Procedure and
the Offender with Mental Illness: An Analysis & Guide, Third
Edition"
"A Multidisciplinary Approach to
an Ethic of Biodefense and Bioterrorism," The Journal of Law,
Medicine & Ethics, 33 (Summer 2005): 310-22.