Professor Marilyn Phelan
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Phelan, Marilyn Adjunct Professor of Law Former Paul Whitfield Horn Professor of Law (806) 742-3787 x251 Email: |
Admitted to practice in Texas and before the U.S. Supreme Court, the Fifth Circuit Court of Appeals, the U.S. Tax Court, and U.S. District Courts for the Western and Northern Districts of Texas. Certified Public Accountant.
As a student at the University of Texas, Professor Phelan was elected to the Order of the Coif. She has served as General Counsel for Texas Tech University and Texas Tech University Health Sciences Center and as Associate Dean of the Graduate School and of the Law School. She is the author of several books, including a casebook, Nonprofit Organization Law and Policy, published by West, Nonprofit Enterprises: Corporations, Trusts and Associations and Museums and the Law. Professor Phelan is a member of the American Law Institute and a Texas Commissioner to the Commission on Uniform State Laws. She is a member of the Legal Affairs and Properties Committee to the Executive Council of the International Council of Museums. She is a member of the American Institute of Certified Public Accountants and is board-certified in tax law by the Texas Board of Legal Specialization. Professor Phelan is also Professor of Museum Science.
In 2005, Marilyn Phelan was given the Paul Whitfield Horn Professorship, which is the highest honor the University bestows on members of its faculty. She received the Grover E. Murray Award for Excellence in HIgher Education in 2001. She has received the President's Excellence in Teaching Award and the President's Academic Achievement Award for Excellence in Teaching, Research, and Service. Because of her many publications, she received the Faculty Research Award three times and ThomsonWest named her a West Key Author in 2003. She was designated a Super Lawyer by Texas Monthly in 2003 and 2004. She was named a YWCA Woman of Excellence in 2004.
Professor Phelan is Vice Chair of the Art and Cultural Property Law Committee of the Section of International Law and Practice of the American Bar Association.
Degrees
B.A., Texas Tech University, 1959
M.B.A., 1967
Ph.D., 1971
J.D., University of Texas, 1972
Courses
Federal Income Taxation, Taxation of International Transactions, Estate and Gift Taxation, Museum Law, Advanced Income Taxation, Nonprofit Organizations
Selected Publications
Nonprofit Organizations Law and Policy, with Robert J. Desiderio, 2nd Edition, 2007 (ThomsonWest)
Art and Museum Law: Cases and Materials, with Robert C. Lind and Robert M. Jarvis (Carolina Academic Press, 2002).
Museum Law: a Guide for Officers, Directors, and Counsel., 3rd Edition, 2007 (Kalos Kapp Press).
Representing Nonprofit Organizations., 2nd Edition, 2007 (ThomsonWest).
Nonprofit Enterprises: Corporations, Trusts, and Associations. (West Group, 2000), online at Westlaw, database NPECTA.
The Law of Cultural Property and Natural Heritage: Protection, Transfer, and Access. (Kalos Kapp Press, 1998). (Co-editor).
"Duties and Liabilities of Trustees, Board Members and Officers of Nonprofit Organizations," White Paper, ThomsonWest, 2007
"Impact of Federal Environmental Requirements on a Proposed Highway and Bridge Project," 116 Journal of Professional Issues in Engineering Education and Practice–Legal Section, co-authored with Dr. R. Scott Phelan
"Environmental Mandates for a Proposed Highway or Bridge Project when the Habitat of an Endangered Species and/or Historical Properties are in the Vicinity," 116 Journal of Professional Issues in Engineering Education and Practice–Legal Section, co-authored with Dr. R. Scott Phelan
"Legal and Ethical Considerations in Museum Acquisitions," Chapter 4, Museology, Hugh Genoways, ed., AltaMira Press, 2006
"A Comprehensive Legal Regime for the Protection of Underwater Cultural Heritage," Chapter 7, Richman and Forsyth, eds.,Legal Perspectives on Cultural Resources, AltaMira Press, 2003
"Digital Dissemination of Cultural Information: Copyright, Publicity, and Licensing Issues in Cyberspace," 8 Journal of Law and Trade in the Americas 177, 2002
"Assisting Small Nonprofit Organizations," published in ABA workbook for Tax Clinics entitled Effectively Representing Your Client Before the IRS, 2000
"Exempt Organizations, Private Foundations and Political Organizations," Mertens, Law of Federal Taxation, Chapter 34, ThomsonWest, 1999.
"Charitable Contributions," Mertens, Law of Federal Income Taxation, Chapter 31, Thomson, 1999.
Scope of Due Diligence Investigation in Obtaining Title to Valuable Artwork, Seattle U. L. Rev. (2000).
Cultural Property, 33 Int'l Law. 443 (2001).
The Current Status of Historical Preservation Law in Regulatory Takings Jurisprudence: Has the Lucas "Missile" Dismantled Preservation Programs? 6 Fordham Envtl. L. J. 785 (1995).
The Unidroit Convention on Stolen or Illegally Exported Cultural Objects Confirms a Separate Property Status for Cultural Treasures, 5 Vill. Sports & Ent. L.J. 31 (1998).
A Synopsis of the Laws Protecting Our Cultural Heritage, 28 New Eng. L. Rev. 63 (1993).
A Summary of the Extensive Collection Powers of the Internal Revenue Service, 9 Va. Tax Rev. 405 (1990).
Copyright Issues in the Use of Multimedia Technology in Museum Communications, in New Strategies for Communication in Museums, Proceedings of ICOM/CECA, Austria (Krautler ed.,1996).
Texas Tech University School of Law, 1802 Hartford Avenue, Lubbock, TX 79409
(806) 742-3990
(806) 742-1629
