Open Access Week Oct. 24-30




This year’s Open Access Week theme of “Open in Action” is all about taking concrete steps to open up research and scholarship and encouraging others to do the same.

One way to open up research and scholarship is through open educational resources (OER). The Hewlitt Foundation defines Open Educational Resources as “teaching, learning, and research resources that reside in the public domain or are released under an intellectual property license that permits their free use and repurposing by others. OER include full courses, course materials, modules, textbooks, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge.”

To truly be open, the OER resources should be free and have the 5 R’s of reuse rights:

  • Retain
  • Reuse
  • Revise
  • Remix
  • Redistribute

If you are interested in making your educational resources open, Creative Commons is a wonderful way to release course content under an open intellectual property license that allows for the 5 R’s of reuse rights.

The benefits of open educational resources cannot be overstated. To show OER impact, one must look no further than the cost of textbooks:

  • Since 2002, college textbook costs have increased 82% (GAO)
  • 2 in 3 students say they decided against buying a textbook because the cost is too high (Student PIRGs)
  • 1 in 3 students say at some point they earned a poor grade because they could not afford to buy the textbook (Student Survey)
  • 1 in 2 students say they have at some point taken fewer courses due to the cost of textbooks.

OER would make textbooks free to students. And a multi-institutional study in the Journal of Computing in Higher Education shows that open textbook adoption has the following impacts on learning outcomes of post-secondary students:

  • higher or equivalent grades
  • higher average credit load
  • higher or equivalent completion rates

Ultimately, using OER in 1 course per year could save US students $1.42 billion (Student PIRGs).

If you would like to find and use open educational resources, The University of Minnesota created an Open Textbook Library that is a “tool to help instructors find affordable, quality textbook solutions.”

Have a happy Open Access Week!

Bloomberg BNA Banking Report: What is it?

This is the first is a four part series blog post spotlighting

Banking attorneys operate in a constantly evolving industry. From capital requirements, to consumer protection and data security, Bloomberg Law: Banking has everything you need to effectively research the new changes in the banking world. This fully searchable, integrated solution combines banking-related legal news, primary law sources, state law comparison charts and trackers, as well as practical analysis on a single, task-based platform. banking-1

The  “Highlights” section on the home page updates you on the most recent news in the banking world. The most recent articles are presented at the top of the section.


On the left side of the home page of Banking Report you can find “Hot Topics” broken down into specific categories of “Bank Supervision”, “Capital Requirements”, “Consumer Finance”, “International Banking”, and “Mortgages.”

In the middle of the home page you will see a button titled “News Archive” this will allow a search by date of news that has been covered by the Banking Report.


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After clicking on “News Archive” a list appears to start a search of the news that was previously covered for a precise search by date.banking-4

Access to Bloomberg/BNA Banking Report database is available through the Texas Tech Law Library website under the Electronic Databases tab.


Law Library Resources for Stress-Free Law Student and Attorney Careers

It’s no secret that law school and law practice are demanding endeavors. The legal literature is replete with articles on the subject. In addition to the law school’s many student resources, the Law Library has you covered. The Law Library has numerous books in its collection that directly relate to coping with the demands of law school and beyond. Some of these books are temporarily behind the circulation desk on course reserve—stress relief. Below are a few sample books that you might find useful and can be checked out.


  1. Yoga for Lawyers (KF 310 A43 L67 2014)

The authors are both law graduates and know firsthand the demands of law school. With photos and description of various Yoga poses, this book covers such topics as Restorative Yoga, Yoga in the office and on the go, meditation and calming the mind just to name a few.  According to the authors, the books offers “techniques that can be practiced at home, in the office, and even while taking a break in court.” They claim that their techniques, “can help you improve your law practice by shaping your ability to concentrate and bettering your overall state of mind and well-being.”


  1. The Anxious Lawyer: An 8-Week Guide to a Joyful and Satisfying Law Practice Through Mindfulness and Meditation (KF 298 C47 2016)

This book provides a straightforward 8-week introductory program on meditation and mindfulness, created by lawyers for lawyers. For example, the book covers topics on:

  • Simple meditation techniques
  • Guidance for establishing a daily meditation and mindfulness practice
  • Practical tools, including access to guided meditations and worksheets that allow one to track his or her progress


  1. The Reflective Counselor: Daily Meditations for Lawyers (KF 298 C633 2008)

This work offers a meditation-a-day, designed for law students and lawyers alike. Each daily entry includes an introductory quotation, followed by a reflection which is intended to inspire the reader toward optimal performance and well-being.

Remember, these and other books are currently located behind the Law Library circulation desk on course reserve. Stop by and browse at your leisure. The law librarians and staff are here to help you succeed in law school and beyond.

Secondary Sources Research Guide

Secondary sources are the first resource that students should look at when they begin researching a new issue.  Secondary sources will save student researchers time and help lead them to the most important primary resources on their topic.

Here are a few helpful tips for getting started with secondary source research:

  1. When in doubt, start with a legal encyclopedia.  They will give you a broad overview of the law without going into all the intricacies that can be overwhelming when you’re just starting your research.
  2. When possible, use a secondary source that’s specific to the jurisdiction in which your case is being heard.  The law discussed will be directly applicable to your case and the primary sources cited to will be from your jurisdiction.  For example, try using Texas Jurisprudence (the legal encyclopedia for Texas) if you are researching a Texas state law issue.
  3. Not sure what secondary sources to use or how to locate them in Westlaw or Lexis?  Check out our Secondary Sources research guide for screenshots of where to locate each type of secondary source in your favorite electronic database.  It includes a page for each of the key secondary sources: Dictionaries, Encyclopedias, Treatises, Journals, ALRs, Restatements, & Practice Aids & Forms.
  4. Ask a librarian where resources might be particularly helpful.  We’re here 8:00am-5:00pm Monday through Friday to help you with all your researching needs.


ABA/BNA Lawyers’ Manual on Professional Conduct Featured Spotlight: Ethics Rules



This is the last post in a four-part series spotlighting the ABA/BNA Lawyers’ Manual on Professional Conduct.

The database provides the full text of the ABA Model Rules of Professional Conduct, the ABA Model Code of Professional Responsibility, and access to State Ethics Rules. Also included are surveys on the major variations between the ABA Rules and the state rules. These materials are accessible through the main page under the “Ethics Rules” section.


You may also browse the ethics rules by selecting “Search Ethics Rules” at the bottom of the “Ethics Rules” section.

For instance, if we wanted information on the ABA Rules regarding the preservation of client secrets, we may select “ABA Model Rules and Standards,” and expand “ABA Model Code of Professional Responsibility,” scroll down to select “DR 4-101 Preservation of Confidences and Secrets of a Client.” This will take us to Canon 4: “A Lawyer Should Preserve the Confidences and Secrets of a Client.”



“Canon 4” discusses client secrets. This section includes several ethical considerations and the full text of the disciplinary rule on this subject.


Access to the ABA/BNA Lawyers’ Manual on Professional Conduct database is available through the Texas Tech Law Library website under the Electronic Databases tab.


ABA/BNA Lawyers’ Manual on Professional Conduct Featured Spotlight: Practice Guides



This is the third post in a four-part series spotlighting the ABA/BNA Lawyers’ Manual on Professional Conduct.

This database includes practice guides on several topics. Each practice guide will contain an overview, background information, and analysis of the law including how it has been applied by courts and ethics committees. The following topics are covered by these practice guides: Advertising, Clients, Colleagues, Confidentiality, Conflicts of interest, Discipline, Disqualification, Fees, Government employment, Lawyer-client relationship, Malpractice, Misrepresentation, Obligations to third parties, Professional responsibility, Regulation of bar, Sexual harassment, Trial publicity, Unauthorized practice.

The majority of these topics can be accessed through the main page, and the remainder by selecting “All guides” under the “Practice Guides” section.


For example, if we wanted some background on what information pertaining to the client’s identity is protected under the duty of confidentiality or attorney-client privilege. From “All Guides,” we can expand “Confidentiality,” “Protected Information,” “Background,” and “Client Identity.” There we see the ethics rule related to this issue and information on how it relates to attorney-client privilege.


Selecting “Attorney-Client Privilege” will take us to guidance on the question we posed.


Access to the ABA/BNA Lawyers’ Manual on Professional Conduct database is available through the Texas Tech Law Library website under the Electronic Databases tab.


True Crime Book/TV Suggestions for Halloween


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True crime, it’s a fascination that chills the soul and yet is a guilty pleasure for many.  While Halloween is about imaginary ghosts and monsters, true crime is about real monsters and the men and women who hunt them.  I want to share a few of the books and television shows that I find both fascinating and interesting, hopefully you will too.

So in the spirit of Halloween…here we go!

joe-kenda One of my favorite shows to watch is, Homicide Hunter:  Joe Kenda.  Joe Kenda is a retired detective from Colorado Springs, Colorado.  Homicide Hunter showcases Joe Kenda who recounts how he has solved various homicides.  It’s Kenda’s narration that makes the show!  He is sarcastic, witty, and sometimes shocking in how he tells his story.  Joe Kenda is the person you want on your case if you’re a victim but not if he’s investigating a crime you’ve committed!  This television show is a great way to see crime solving from a police perspective.

first-48 The First 48 follows real police officers interrogating suspects and conducting real murder investigations.  While the viewer doesn’t see an entire interrogation, we do see enough to witness how police put pressure on suspects, how determined they are to solve a crime, and get justice for the victim and their family.  Watching this show is a real eye-opener and made me a firm believer in having a lawyer present when being questioned!

We all want to be able to spot a serial killer or any other criminal so we can avoid them and stay away from danger!  One of the appeals of true crime books is learning to understand why criminals, like serial killers, want to hunt, hurt, and kill.

Here are two books by former FBI profilers that I found to be both horrifying and interesting.

mind-hunter Mind Hunter is the story of John Douglas, who was an early FBI profiler who worked on several high-profile cases including the Atlanta child murders and Seattle’s Green River killings.  This book details many of the crimes he worked on and discusses serial killers and their profiles.  Mind Hunter shows the personal toll working on these types of crimes take on law enforcement; both their health and in their family life.  The reader gets to see the role that FBI profilers play in helping local law enforcement.  Profilers come in to look at crime scenes and any other information that has been collected and advise local law enforcement on what type of person they are looking for. They also provide feedback on the suspects they are currently investigating, and help develop ways to hunt for their suspect.  A fascinating read!

whoever-fights-monsters Robert Ressler was also an early FBI profiler, and he explains in his book, Whoever Fights Monsters, how he actually went to various prisons and spent hundreds of hours interviewing serial killers finding out what traits they had in common.  This information was used to create profiles that are in use today to profile criminals.  Ressler discusses in detail what serial killers are like and how they can be profiled based on evidence left at the crime scene.  These profiles are meant to be used by local law enforcement to help them tailor how they investigate a crime and hunt down a suspect or weed through the suspects they are investigating.  Another chilling but captivating read!

Reading and watching these books and television shows can be difficult,  unpleasant, and disturbing but what I’ve learned about crime, criminals, law enforcement, and victims makes it worthwhile.   While I don’t enjoy the gruesomeness of horror movies, I do enjoy learning about real situations and real people and these television shows and books provide a true learning experience!

September 2016 Law Faculty Publications & News

Throughout September 2016, the Law Library’s Faculty Services & Scholarly Communications Department received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for September 1, 2016 to September 30, 2016.


  1. Gerry W. Beyer, Keeping Current—Probate, 30-Oct. Prob. & Prop. 24 (2016).
  2. Bryan Camp, Collecting Tax Liabilities From Third Parties, 75 Prac. 645 (2016).
  3. Gerry W. Beyer, MODERN DICTIONARY FOR THE LEGAL PROFESSION (4th ed. 2008) (2016 Cumulative Supplement).


  1. Arnold Loewy & Charles Moster, It’s Debatable: States Shouldn’t Punish Abortion, Lubbock Avalanche-J. (Sept. 4 2016, 12:06 AM),
  2. Arnold Loewy & Charles Moster, It’s Debatable: Term Limits, Lubbock Avalanche-J. (Sept. 18 2016, 12:49 AM),


  1. Professor Murphy’s article, Punitive Damages, Explanatory Verdicts, and the Hard Look, was cited in the following: Illinois Civil Jury Instructions Companion Handbook §§ 12:3; 12:4.
  1. Professor Camp’s articles, The Failure of Adversarial Process in the Administrative State and What Good is the National Taxpayer Advocate?, were cited in the following article: Keith Fogg & Sime Jozipovic, How Can Tax Collection Be Structured to Observe and Preserve Taxpayer Rights: A Discussion of Practices and Possibilities, 69 Tax Law. 513 (2016).
  1. Professor Loewy’s & Charles Moster’s article, It’s Debatable: On the Fates of State’s Plates, was cited in the following article: Morgan E. Creamer, Walker v. Texas Division, Sons of Confederate Veterans, Inc. and License Plate Speech: A Dangerous Roadblock for the First Amendment, 65 Am. U. L. Rev. 1461 (2016).
  1. Professor Beyer’s book Estate Planning in the Digital Age was cited in the following treatise: Ga. Guardianship and Conservatorship § 5:15.
  1. Professor A. Pearl’s article, How to Be an Authentic Indian, was cited in the following article: Andrew Jensen Kerr, Writing the Short Paper, 66 J. Legal Educ. 111 (2016).


  1. Professor Camp was quoted in the Collecting Tax Liabilities From Third Parties, 152 Tax Notes 1549 (Sept. 12, 2016).
  2. Professor Batra was quoted about the AALP program in The Daily Toreador on September 19, 2016.


  1. Professor Sutton was a keynote speaker (on cyber warfare) at the first annual Archive of Modern American Warfare Symposium, September 15, 2016 in the ICC. Information on the Symposium can be found here.
  2. On September 19, 2016, Horn Professor Brian Shannon began his third two-year term as President of 1A FAR, the association of NCAA faculty athletics representatives representing the 130 universities and 10 conferences from the Football Bowl Subdivision of the NCAA’s Division I. These universities include all institutions from conferences such as the Big 12, Big 10, SEC, ACC, and Pac 12, five additional conferences, and several independents.
  3. On September 18, 2016, Horn Professor Brian Shannon moderated a panel discussion entitled, “NCAA Division I – The New Governance Structure – Views from the Leadership,” at the 2016 1A FAR Annual Conference in Grapevine, Texas. Panelists included Kevin Lennon, the NCAA Vice President for Division I, and Diane Dickman, the Managing Director of Governance for NCAA Division I.
  4. On September 19, 2016, Horn Professor Brian Shannon addressed over 100 of the nation’s athletic directors at the 1A Athletic Directors Association annual meeting in Grapevine, Texas, on the topic of the integration of academics as a hallmark of intercollegiate athletics participation.
  5. Professor Shannon, President of the 1A Faculty Athletics Representatives, along with the rest of the 1A FAR recognized the National Football Foundation for its support of student-athletes and NCAA faculty athletics representatives across the country. The full article can be found here.

ABA/BNA Lawyers’ Manual on Professional Conduct Featured Spotlight: Ethics Opinions



This is the second post in a four-part series spotlighting the ABA/BNA Lawyers’ Manual on Professional Conduct.

This database includes full text of American Bar Association ethics opinions and synopses of opinions by state and local bar associations. The full text of both formal and informal ethics opinions is available on the main page, accessible by selecting “ABA Ethics Opinions” under the “Ethics Opinions” section.


To search for a synopsis of a Texas ethics opinion select “Search Ethics Opinions” under the “Ethics Opinions” section. Type the keywords for your search in the “Word(s)” box, select “Texas,” and hit “Search.”

aba9Access to the ABA/BNA Lawyers’ Manual on Professional Conduct database is available through the Texas Tech Law Library website under the Electronic Databases tab.