“Excuse Me, Can I Have a Turn?” Female SCOTUS Justices Heavily Interrupted

The Harvard Business Review recently released the results of an enlightening new study about the speech patterns during SCOTUS oral arguments.

According to the article, a new empirical study shows that the male justices interrupt the female justices approximately three times as often as they interrupt each other during oral arguments. 

640px-Sotomayor,_Ginsburg,_and_Kagan_10-1-2010HBR examined the transcripts of 15 years of Supreme Court oral arguments, finding that women do not have an equal opportunity to be heard on the highest court in the land. In fact, as more women join the court, the reaction of the male justices has been to increase their interruptions of the female justices. Many male justices are now interrupting female justices at double-digit rates per term, but the reverse is almost never true. In the last 12 years, during which women made up, on average, 24% of the bench, 32% of interruptions were of the female justices, but only 4% were by the female justices.

And there is a consistently gendered pattern: In 1990, with one woman on the bench (former Justice Sandra Day O’Connor), 35.7% of interruptions were directed at her; in 2002, 45.3% were directed at the two female justices (O’Connor and Ruth Bader Ginsburg); in 2015, 65.9% of all interruptions on the court were directed at the three female justices on the bench (Ginsburg, Sonia Sotomayor, and Elena Kagan). With more women on the court, the situation only seems to be getting worse.

Not only do the fellow male justices interrupt the female justices, so too do the male advocates on the other side of the bench. Despite strict rules mandating that advocates stop talking immediately when a justice begins speaking, interruptions by male advocates account for approximately 10% of all interruptions that occur in court. In contrast, interruptions by female advocates account for approximately 0%. 

While the female justices are being interrupted at far higher rates, at least they are learning to stop using polite prefatory words. Early in their tenure, female justices tend to frame questions politely, using prefatory words such as “May I ask,” “Can I ask,” “Excuse me,” or the advocate’s name. 

HBR ultimately found that women gradually learn to set aside such politeness. All four of the female justices have reduced their tendency to use this polite phrasing. Justice Sotomayor adjusted within just a few months. Justices O’Connor and Ginsburg gradually became less and less polite over decades on the court, eventually using the polite phrases approximately one-third as much as they did initially. Justice Kagan is still learning: She uses polite language more than twice as often as the average man, although half as often as she did in 2010.

Not surprisingly, HBR did not see a similar trend with the men, because male justices rarely use these polite speech patterns, even when they first enter the court. It is the women who adapt their speech patterns to match those of the men.

If it’s this bad for arguably some of the most powerful women in the world, imagine what it’s like for other women in the legal profession. We all need to be aware of this issue and do a better job of listening.

Part Four TexasBarCLE: Practice Tools


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This is the fourth part of a four part series highlighting: http://www.texasbarcle.com/CLE/Home.asp.

This post showcases the remaining practice tools that the TexasBarCLE website has to offer.

First, TexasBarCLE offers access to Casemaker & Fastcase with your bar membership. Access to both of these databases can be found on the left side of the homepage.

Upon selecting either database you will be prompted to login with your registered account. You can register using your Last Name and your Texas Bar Card Number. If you don’t have a current Texas Bar card number, you can still create an account at no cost, but your services may be limited.


TexasBarCLE also provides access to the Law Practice Management Program of the State Bar of Texas. This is a useful tool for solo practitioners or small firms who need help starting and managing their practice.


Additionally, TexasBarCLE has a tab for Texas Supreme Court Oral Arguments & Meetings. This practice tool allows you to watch the Texas Supreme Court while it is in session through live or archived videos. You can search recent oral arguments, meetings, and upcoming events.


Lastly, TexasBarCLE connects you with TYLA’s Ten Minute Mentor resource. TMM is a collection of online video presentations from lawyers in their areas of expertise. Each video is around ten minutes or less and is free.


TexasBarCLE.com is a great resource for law students and attorneys of all ages. Make sure to take advantage of all the tools your state bar provides and consider the variety of available formats when completing your MCLE credit hours.

TexasBarCLE is available through the State Bar of Texas website and at http://www.texasbarcle.com.

April 2017 – New Books List



In April 2017, the Law Library added the following new titles to the collection to support the research and curricular needs of our faculty and students.

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  1. Zoltan Balazsan, The Principle of the Separation of Powers: a Defense (2016).
  2. Gary Lawson, “A Great Power of Attorney”: Understanding the Fiduciary Constitution (2017).


  1. James Forman, Locking Up Our Own: Crime and Punishment in Black America (2017).


  1. Kevin F. Steinmetz, Hacked: A Radical Approach to Hacker Culture and Crime (2016).
  2. Daniel B. Garrie, Law Firm Cybersecurity (2017).


  1. Albert I. Telsey, The ABCs of Environmental Regulation (2016).


  1. Randy Bobbitt, Free Speech on America’s K-12 and College Campuses: Legal Cases from Barnette to Blaine, (2017).


  1. Daniel Sledge, Health Divided: Public Health and Individual Medicine in the Making of the Modern American State (2017).


  1. Stephen A. Simon, The U.S. Supreme Court and the Domestic Force of International Human Rights Law (2016).


  1. David E. Wilkins, Dismembered: Native Disenrollment and the Battle for Human Rights (2017).


  1. Thomas Alan Lund, The Creation of the Common Law: The Medieval “Year Books” Deciphered (2015).
  2. John Eaton, Finding English Law: Quick Access to Key Titles (2017).


  1. Elizabeth Fajans, Scholarly Writing for Law Students: Seminar Papers, Law Review Notes and Law Review Competition Papers (2017).


  1. Brian Tierney, Liberty and Law: The Idea of Permissive Natural Law, 1100-1800 (2014).


  1. Heidi K. Gardner, Smart Collaboration: How Professionals and Their Firms Succeed by Breaking Down Silos (2016).
  2. Stephen R. Covey, First Things First: To Live, to Love, to Learn, to Leave a Legacy (1994)(2003 ed.).
  3. Jonathan McDowell, From Law School to Lawyer: Tools, Procedures, and Steps to Grow Your Practice (2015).


  1. Jessie Daniels, Being a Scholar in the Digital Era: Transforming Scholarly Practice for the Public Good (2016).
  2. Andy Tattersall, Altmetrics: a practical guide for librarians, researchers and academics (2016).


  1. Michael N. Schmitt (ed.), Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations (2017).


  1. Bob Ward, The Most Interesting Mock Trial Case Files in the World (2016).
  2. Glenn C. Altschuler, Ten Great American Trials: Lessons in Advocacy (2016).


  1. William H.F. Altman, The Guardians on Trial: The Reading Order of Plato’s Dialogues from Euthyphro to Phaedo (2016).
  2. Frank Anechiarico, Legal but Corrupt: A New Perspective on Public Ethics (2017).
  3. Amos N. Guiora, The Crime of Complicity: The Bystander in the Holocaust (2017).

All of these books are available from the Law Library.  If you would like to check out any of these titles, please contact the circulation desk at either 806-742-3957 or circulation.law@ttu.edu.  Library staff will be able to assist in locating and checking out any of these items.

Part Three TexasBarCLE: Publications, Online Library, Flash CLE

This is the third part of a four part series highlighting: http://www.texasbarcle.com/CLE/Home.asp.

TexasBarCLE also offers a variety of publications that can be searched by practice area under the third tab on the left side of the home page.

Through this tab, you can select what publications are relevant to your practice, see the prices and formats of said publications, and purchase publications through TexasBarCLE.

For example, these results were generated after selecting the ethics tab to sort a search.


If you select the Texas Lawyer’s Professional Ethics text and select purchase, you will be redirected to the TexasBarBooks website. This website also offers free downloads, interviews, scholarship, updates, and videos. TexasBarBooks advertises their new publications for purchase on the right hand side of their home page.

TexasBarCLE maintains an Online Library that is searchable practice area, date, title and author. You can also view past course materials here.


TexasBarCLE.com provides Flash CLE, which is a service that provides presentations through USBs based on the number of people participating and the duration of the MCLE credits. There is a month long window to complete the class upon receipt of the order.


TexasBarCLE is available through the State Bar of Texas website and at http://www.texasbarcle.com.

April 2017 Law Faculty Publications & News

Throughout April 2017, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for April 1, 2017 to April 30, 2017.

1. Arnold H. Loewy, Punishing Violence Against Women: Seeking the Right Balance, 49 TEX. TECH L. REV. 211 (2016).

2. DeLeith Duke Gossett, ‘[Take from Us Our] Wretched Refuse’: The Deportation of America’s Adoptees disclosure, 85 U. CIN. L. REV. 33 (2017).

3. Sally McDonald Henry, The $1.5 Billion General Motors Recalls at the Dangerous Intersection of Chapter 11, Article 9, and TARP., 85 U. CIN. L. REV. 131 (2017).

1. Prof. Humphrey’s article ‘‘Let’s Talk About Sex”: Legislating and Educating on the Affirmative Consent Standard was cited in the following article: Jonathan Witmer-Rich, Unpacking Affirmative Consent: Not As Great As You Hope, Not As Bad As You Fear, 49 TEX. TECH L. REV. 57 (2016).

2. Prof. Murphy’s Administrative Law And Practice treatise was cited in the following article: Kent Barnett, How the Supreme Court Derailed Formal Rulemaking, 85 GEO. WASH. L. REV. ARGUENDO 1 (2017).

3. Prof. Murphy’s article Due Process and Targeted Killing of Terrorists was cited in the following article: Barry Kellman, Targeted Killings – Never Not an Act of International Criminal Law Enforcement, 40 B.C. INT’L & COMP. L. REV. 27 (2017).

4. Prof. Murphy’s article Judicial Deference, Agency Commitment and Force of Law was cited in the following comment: Richard W. Murphy, Judicial Deference, Agency Commitment, and Force of Law, 66 OHIO ST. L.J. 1013 (2005).

5. Prof. James’s article The African-American Church, Political Activity, and Tax Exemption was cited if the update of W. COLE DURHAM AND ROBERT SMITH, 4 RELIGIOUS ORGANIZATIONS AND THE LAW § 32:14.

6. Prof. James’s article Reaping Where They Have Not Sowed: Have American Churches Failed to Satisfy the Requirements for the Religious Tax Exemption? was cited in the following article: Cody S. Barnett, Bringing in the Sheaves: Combating Televangelists’ Abuse of the Internal Revenue Code, 105 KY. L.J. 365 (2017).

7. Prof. Casto’s article The Early Supreme Court Justices’ Most Significant Opinion was cited in the following article: Ryan C Williams, Questioning Marks: Plurality Decisions and Precedential Constraint, 69 STAN. L. REV. 795 (2017).

8. Prof. Casto’s article “Dear Sister Antillico . . .”: The Story of Kirksey v. Kirksey was cited in the following article: William A. Drennan, Charitable Naming Rights Transactions: Gifts or Contracts?, 2016 MICH. ST. L. REV. 1267 (2016).

9. Prof. Beyer’s presentation “Cyber Estate Planning and Administration,” was cited in the following issue: Marvin E. Blum, Filling in the Gaps, 2017 WLNR 10054929 (2017).

10. Prof. Beyer’s article Digital Wills: Has the Time Come for Wills to Join the Digital Revolution? was cited in the following article: David Horton, Tomorrow’s Inheritance: The Frontiers of Estate Planning Formalism, 58 B.C. INT’L & COMP. L. REV. 539 (2017).

11. Prof. Beyer’s article Avoiding the Estate Planning “Blue Screen of Death”–Common Non-Tax Errors and How to Prevent Them was cited in the following article: Deborah S. Gordon, Mor(t)ality and Identity: Wills, Narratives, and Cherished Possessions, 28 YALE J.L. & HUMAN. 265 (2016).

12. Prof. Beyer’s and Prof. Shannon’s book SKILLS & VALUES: PROPERTY LAW was cited in the following article: Frances Tubb, Full Speed Ahead: The Texas Central High-Speed Rail and the Sacrifice Required from Residents of Rural Texas, 49 TEX. TECH L. REV. 547 (2017).

13. Prof. Camp’s article Dual Construction of RICO: The Road Not Taken in Reves was cited in the following article: Doug Rendleman, Commercial Bribery: Choice and Measurement Within A Remedies Smorgasbord, 74 WASH. & LEE L. REV. 369 (2017).

14. Prof. Loewy’s article The Two Faces of Insanity was cited in the following article: Michael L. Perlin, Esq., “God Said to Abraham/kill Me A Son”: Why the Insanity Defense and the Incompetency Status Are Compatible with and Required by the Convention on the Rights of Persons with Disabilities and Basic Principles of Therapeutic, 54 AM. CRIM. L. REV. 477 (2017).

15. Prof. Loewy’s article Taking Bakke Seriously: Distinguishing Diversity from Affirmative Action in the Law School Admissions Process was cited in the following treatise: MARION A. COWELL, JR., W. RANDY EADDY, SUCCESSFUL PARTNERING BETWEEN INSIDE AND OUTSIDE COUNSEL §§ 39:7, 39:83 (May 2017).

16. Prof. Baker’s blog Ginger (Law) Librarian was cited in the following article: Anonymous, Search Engine and AI Update, 22 No. 4 Internet L. Researcher NL 5 (2017).

17. Prof. Black’s article Psst! Wanna Buy a Bridge? IP Transfers of Non-Existent Property was cited in the following article: Julie Manning Magid, Monetize vs. Incentivize: Contracting for Health Care Innovation, 19 U. PA. J. BUS. L. 369 (2017).

18. Prof. Shannon’s, as 1AFAR Representative on the NCAA Division I Council, email to Jo Potuto, Professor of Law, University of Nebraska College of Law, was cited in the following article: Josephine (Jo) R. Potuto, Two, Four, Six, Eight; What Can We Now Regulate? The Regulatory Mentality and NCAA Satellite Camps (et al), 35 QUINNIPIAC L. REV. 287 (2017).

19. Prof. Metze’s article Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial was cited in the following article: Sharon Finegan, The Replacements: Conflicting Standards for Obtaining New Counsel Under the Sixth Amendment, 65 CLEV. ST. L. REV. 129 (2017).

20. Prof. Velte’s article Obergefell’s Expressive Promise was cited in the following article: Deepa Das Acevedo, Sovereignty and Social Change in the Wake of India’s Recent Sodomy Cases, 40 B.C. INT’L & COMP. L. REV. 1 (2017).

21. Prof. Velte’s article Obergefell’s Expressive Promise was cited in the following article: Frederick Schauer, The Supreme Court As Public Educator?, 88 U. COLO. L. REV. 333 (2017).

22. Prof. Weninger’s article The Abolition of Plea Bargaining: A Case Study of El Paso County, Texas was cited in the following article: Ronald F. Wright, Kay L. Levine, Place Matters in Prosecution Research, 14 OHIO ST. J. CRIM. L. 675 (2017).

23. Prof. Weninger’s article The Abolition of Plea Bargaining: A Case Study of El Paso County, Texas was cited in the following article: Jonathan Abel, Cops and Pleas: Police Officers’ Influence on Plea Bargaining, 126 YALE L.J. 1730 (2017).

24. Prof. Chiappinelli’s article Red October: Its Origins, Consequences, and the Need to Revive the National Market System was cited in the following article: Investment Strategies: Derivatives and Program Trading, 1 LAW SEC. REG. § 1:76.

25. Prof. Gonzalez’s article State Antidiscrimination Statutes and Implied Preemption of Common Law Torts: Valuing the Common Law was cited in the following article: Sarah Golabek-Goldman, Ban the Address: Combating Employment Discrimination Against the Homeless, 126 YALE L.J. 1788 (2017).

26. Prof. Velte’s article All Fall Down: A Comprehensive Approach to Defeating the Religious Right’s Challenges to Antidiscrimination Statutes was mentioned in the following post Howard Friedman, Recent Articles of Interest, 2017 WLNR 11005240 in Religion Clause.


1.  Prof. Rosen’s article ‘Goldstone reconsidered’ was quoted in the following article: Ryder McKeown, International law and its discontents: Exploring the dark sides of international law in International Relations, Review of International Studies (2017).

2. Prof. Rosen’s article Funding “Non-Traditional” Military Operations: The Alluring Myth of A Presidential Power of the Purse was quoted in the following article: Michael Farris, Poverty, Inequality, and the Law: The Thirty-Fifth Annual Federalist Society National Symposium on Law and Public Policy – 2016: Defying Conventional Wisdom: The Constitution Was Not the Product of a Runaway Convention, 40 HARV. J.L. & PUB. POL’Y 61 (2017).

3. Prof. Loewy’s article Police-Obtained Evidence and the Constitution: Distinguishing Unconstitutionally Obtained Evidence from Unconstitutionally Used Evidence was quoted in the following article: Michael J. Zydney Mannheimer, The Two Mirandas, 43 N. KY. L. REV. 317 (2016).

4. Prof. Murphy’s update in the Administrative Law and Practice treatise was quoted in the following publication: BALCA Decisions, 94, Interpreter Releases, Art. 11 (2017).

1. On April 8, the Lubbock Avalanche-Journal published an article Texas Tech Law professor says Gorsuch a ‘pleasant surprise’ as nominee, Democrats ‘unwise’ to oppose where Prof. Loewy commented a confirmation of Justice Gorsuch. The article can be found here.

2. The Texas Tech School of Law’s Center for Water Law and Policy hosted its annual film screening and panel discussion featuring “A River Between Us” about the largest river restoration project in American history. The panel included David Sandino, senior staff counsel to the California Department of Water Resources, and M. Alexander Pearl, associate professor of law at the Texas Tech School of Law and associate director for the Center for Water Law and Policy.

3. On April 25, Prof. Beyer traveled to Dallas where he spoke at a meeting of the Probate, Trusts and Estates Section of the Dallas Bar Association. His topic and accompanying article were entitled Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice.

4. On April 26, Prof. Beyer gave a presentation entitled The Basics of a Will for the 88th Annual West Texas County Judges and Commissioners Association Conference in Lubbock sponsored by the Texas Association of Counties.

5. On April 28, Prof. Beyer was a speaker at the Kansas City Estate Planning Symposium sponsored by the University of Missouri. To an audience exceeding 500 estate planning professionals, Prof. Beyer presented on two topics: (1) What Estate Planners in Common Law Marital Property States Need to Know About Community Property and (2) Anticipating Will Contests and How to Avoid Them.

6. The Women’s Energy Network of the Permian Basin held their first luncheon of the year at Petroleum Club in February where Prof. Keffer was the guest speaker with his presentation “Finding More, Knowing Less: The Oil and Gas Industry.” The article can be found here.

7. The International Institute of Space Law recognized Prof. Sutton’s professional involvement in space law and voted her into full membership at their most recent board meeting.

Part Two TexasBarCLE: Live Courses, Webcasts, and Online Classes

This is the second part of a four part series highlighting: http://www.texasbarcle.com/CLE/Home.asp.

Live Courses and Video Replays are available via the first tab on the left hand side of the Home Page.


On this page, you can search by keywords, course titles, or MCLE numbers. You can also select different practice areas to sort your search. Further, you can refine your search by location, course type, and date.


For example, let’s see what CLEs are coming up for New Lawyers.


Next, in the second tab on the left side of the home page you will find Webcasts.

Here are the webcasts offered in April for MCLE credit. All of these webcasts can be done in the comfort of your home or your office, and as long as you register in advance you can play them at a later date if you cannot watch them at their scheduled time.


TexasBarCLE is available through the State Bar of Texas website and at http://www.texasbarcle.com.

Part One – TexasBarCLE: What is it?


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This is the first part of a four part series featuring: http://www.texasbarcle.com/CLE/Home.asp.

TexasBarCLE is a source provided by the State Bar of Texas. It contains free online classes, practice manuals, webcasts, publications, law practice management tools, and databases.

It is accessible through the State Bar of Texas website.


After selecting the TexasBarCLE.com tab at the top of the State Bar of Texas website, you will see this as the home page.


On the right side of the home page you will see search tabs for Casemaker and Fastcase which are two resources provided by the State Bar of Texas for Legal Research.

On the top bar of the page you will see tabs for cart, log in, FAQ and Contact Us. Under the FAQ section of the home page you can find a lot of answers regarding what services this websites provides and how to access them.


These topics are further divided into specific questions below, and are linked to corresponding answers.

For example, one useful thing to know is that the login information that you use for TexasBar.com is completely separate from TexasBarCLE.com and are operated independently.

TexasBarCLE.com is open to non-attorneys. Seminars, online classes, and other products may be purchased by anyone. However, TexasBarCLE does have some areas that are only accessible by attorneys.

TexasBarCLE is available through the State Bar of Texas website and at http://www.texasbarcle.com.

Finals Help


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Finals are looming and your brain may be starting to fail; you may need an extra boost to help you make it through the afternoon, the day, or the week.

We are here to help.  The Law Library can provide access to streaming audio study aids, improved West Academic Study Aids, general information on study aids,  we even have the Collaborative Commons where you can get together and study!

candy jarAs wonderful as these resources are, sometimes you need more! Sometimes you need candy!!!

When you find you are in need of candy, come by office 127A, off of the Collaborative Commons.  If the light is on and the door is open, come on in and get some candy.  If the light is on but the door is closed, knock and I will let you in to get candy!

Sometimes the little things help you get through the day and through your work.  As an extra bonus, if you have a reference question I can help with that as well.

Our contact information is:

Circulation Desk

Reference Services

Good luck on your studies!!!

Open Source Access to Scholarly Research


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Legal Publishers and others are making it tough for law libraries to maintain many of their collections. For example, Since 1996 Thomson Reuters (West) has dramatically raised the prices of its print titles, both for new sets and, more significantly, for upkeep. Svengalis in his 2016 Legal Information Buyer’s Guide and Reference Manual, tracks 24 popular Thomson Reuter titles and provides a supplementation upkeep cost over a 21 year period, 1995-2015. The average price increase over the 21-year period was 779%. Svengalis also track 20 selective Lexis titles, which increased 299% over the same period. By comparison, the consumer price index rose only 58% during the same time.

With such dramatic increases by commercial publishers, open-source advocates are finding ways to combat the high cost of publications. Wikipedia defines open source access as “. . . online research outputs that are free of all restrictions on access . . . and free of many restrictions on use . . .” Two such entities include the Open Access Button and Unpaywall.

open access buttonBoth are open-source, nonprofit, and dedicated to improving free access to scholarly research. Both scour thousands of institutional repositories (like our ScHOLAR), preprint servers (i.e., SSRN), and other websites to see if an open-access copy of the article is available.

The Open Access Button (OAB) is a browser bookmarklet that is invoked when users hit articles behind a subscription-based site. The OAB will search open access sites for the piece. Both OAB and Unpaywall work similarly.

unpaywallHowever, unlike OAB, Unpaywall uses extensions, which are currently available for Chrome and Firefox. When an Unpaywall user lands on the preview page of a research article and will see either a green unlocked tab or a grey locked tab.  If the tab is green, he or she can click on that tab to view the PDF. See graphic below.

unpaywall in article

Bar Exam Resources

The Texas Tech Law Library aims to provide as much assistance as possible for our recent graduates, in addition to our current students, faculty, and staff.  This assistance covers things from study materials to physical space in which to study.   Please note the resources that are available to you as you prepare yourselves for sitting for the bar examination.

  • Law School/Law Library building access with your University ID.
  • Personal/single person study carrel (if it is possible to do so).
  • Reserved quiet study area.
  • Reserved fishbowl study room 5B.


  • Printing access.
  • Access to Lexis and Bloomberg databases for 6 months post-graduation.
  • Access to Westlaw for 18 months post-graduation (even while working).
  • Bar Prep materials, including but not limited to Barbri, Kaplan, and Themis (which include MBE and Texas materials).

Please contact anyone in the Law Library if you need assistance with anything, and we will do our best to assist you.  Feel free to contact whoever is on Reference or working at the front desk of the Law Library.  Our contact information is:

Circulation Desk

Reference Services