Professor Brian Shannon

Brian Shannon Charles B. "Tex" Thornton Professor of Law, 1988
Texas Tech University Faculty Athletics Representative
Former Associate Dean, Academic Affairs (2001-2007)
(806) 834-6366
Email: brian.shannon@ttu.edu

Admitted to practice in Texas.

In addition to his teaching duties, Professor Shannon serves as the University's Faculty Athletics Representative to the NCAA and the Big 12 Conference. In that role, Shannon is the Big 12 representative on the national board for the 1A FAR association.

He was elected as president of that association in September 2012 and re-elected in 2014.. Shannon is also a board appointee for StarCare Specialty Health System (formerly known as Lubbock Regional Mental Health & Mental Retardation Center), where he has served for over twenty years and is the immediate past chair. He is also the Lubbock County delegate to the Dispute Resolution Center Advisory Board. Shannon is an elected member of the American Law Institute and was the 2008-09 President of the Lubbock County Bar Association. In past years, he also served on the boards of Advocacy, Inc. (now Disability Rights Texas), the Lubbock Area Bar Association, NAMI-Texas, and the Texas Council of Community Centers. He is also a past chair of the State Bar of Texas Disability Issues Committee and a former Council member of the State Bar ADR Section. Governor Rick Perry appointed him to four terms on the Texas Governor's Committee on People with Disabilities from 2003-11.

Professor Shannon has co-authored four editions of the book, Texas Criminal Procedure and the Offender with Mental Illness, with the late Horn Professor Daniel Benson, and he co-authored two editions of Rau, Sherman, & Shannon's Texas ADR & Arbitration Statutes & Commentary. In 2000, Shannon filed an amicus curiae brief at the United States Supreme Court in PGA Tour, Inc. v. Casey Martin. He served through appointment by the Lt. Governor on a task force in 2002-03 that re-wrote the state's criminal competency statutes.

In 2013 Shannon was awarded the Texas Tech Chancellorís Council Distinguished Teaching Award and the Texas Tech Faculty Distinguished Leadership Award. He is also a past recipient of both the Presidentís Academic Achievement Award and the Presidentís Excellence in Teaching Award, as well as a number of teaching awards bestowed by his students. In 2004 Shannon was awarded the Justice Frank Evans Award by the State Bar's ADR Section and was named the outstanding alumnus of Angelo State University. He has won the Outstanding Law Review Article Award from the Texas Bar Foundation three different times (2002, 2008, and 2014), and in 2001 he received the Mary Holdsworth Butt Award from the Texas Department of Mental Health & Mental Retardation for outstanding volunteer service.

Shannon graduated first in his law school class. Before coming to Texas Tech, Shannon served as an attorney-advisor in the Office of the General Counsel to the Secretary of the Air Force at the Pentagon, and practiced at the Austin office of the Hughes & Luce law firm (now part of K&L Gates).

Degrees

B.S., Angelo State University, 1979

J.D., University of Texas, 1982

Courses

Contracts, Property, Criminal Law, Products Liability, and Mental Disability Law

Selected Publications

Specialty Courts, Ex Parte Communications, and the Need to Revise the Texas Code of Judicial Conduct, 66 Baylor L. Rev. ____ (2014)(forthcoming), a copy of the manuscript can be accessed at http://www.baylor.edu/content/services/document.php/224871.pdf.

Incompetency to Be Executed: Continuing Ethical Challenges & Time for a Change in Texas, 45 Tex. Tech L. Rev. 420-51 (2013) (co-authored with Dr. Victor Scarano; a copy of the manuscript can be accessed at http://texastechlawreview.org/wp-content/uploads/Shannon-Scarano.PUBLISHED.pdf).

Musings of a Relatively New FAR, 2 Miss. Sports L. Rev. 264-85 (2013); see http://mssportslaw.olemiss.edu/files/2013/05/Shannon-p.-2631.pdf).

Skills & Values: Property (LexisNexis 2012) (co-authored with Prof. Gerry Beyer).

Prescribing a Balance: The Texas Legislative Responses to Sell v. United States, 41 St. Mary's L.J. 309-50 (2009), available at http://www.stmaryslawjournal.org/pdfs/Shannon_II.pdf.

Texas Criminal Procedure & the Offender with Mental Illness: An Analysis & Guide. (4th ed., NAMI-Texas, 2008) (Co-author with Professor Daniel Benson); available at http://www.namitexas.org/resources/.

The Time Is Right to Revise the Texas Insanity Defense: An Essay, 39 Tex. Tech L. Rev. 67 (2007) (winner of the Texas Bar Foundation's 2008 Outstanding Law Journal Award); available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1829225.

Twenty Years of Confidentiality under the Texas ADR Act, Alternative Resolutions, Special Summer/Fall 2007, at 25-29, 53; available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1829225.

Judicial Options: Personal Bond Statutes and Defendants with Mental Illness or Mental Retardation (Texas Appleseed; short monograph article) (August 2006); see http://www.texasappleseed.net/pdf/Monograph_11.pdf; copies were distributed to all Texas judges.

Mental Illness, Your Client, and the Criminal Law: A Handbook For Attorneys Who Represent Persons With Mental Illness (2005) (co-author with Professor Daniel Benson, Texas Appleseed, and the Hogg Foundation for Mental Health); available at http://www.texasappleseed.net/pdf/hbook_MH_attorney_MentalIllness.pdf.

Dancing with the One that "Brung Us" – Why the Texas ADR Community has Declined to Embrace the UMA, 2003 J. Dispute Res. 197 (2003) (part of a symposium issue on the Uniform Mediation Act by the University of Missouri’s Journal of Dispute Resolution), available at http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1433&context=jdr.

A Drive to Justice: The Supreme Court's Decision in PGA Tour Inc. v. Martin, 1 Va. Sports & Ent. L.J. 74 (2001).

Confidentiality of Texas Mediations: Ruminations on Some Thorny Problems, 32 Tex. Tech L. Rev. 77 (2001) (winner of the Texas Bar Foundation's 2002 Outstanding Law Journal Award), available at http://repository.law.ttu.edu/bitstream/handle/10601/108/shannon1.pdf?sequence=1.

Rau, Sherman & Shannon's Texas ADR and Arbitration: Statutes and Commentary. (West Group, 2000). (Co-author).

Paving the Path to Parity in Health Insurance Coverage for Mental Illness: New Law or Merely Good Intentions?, 68 Col. L. Rev. 63 (1997).

The 1995 Revisions to the DTPA: Altering the Landscape, 27 Tex. Tech L. Rev. 1441 (1996) (co-authored with Senators Bivins & Montford, and Reps. Hunter, Junell, & Duncan).

Diversion of Offenders with Mental Illness: Recent Legislative Reforms, 59 Tex. B.J. 330 (1996).

Another Alternative: the Use of Moderated Settlement Conferences to Resolve ADA Disputes Involving Persons with Mental Disabilities, 12 Ohio St. J. on Disp. Resol. 147 (1996).

Debarment and Suspension Revisited: Fewer Eggs in the Basket? 44 Cath. U. L. Rev. 363 (1995).

The Reach for Repose: Have the Texas Courts Gone Awry? 24 Tex. Tech L. Rev. 195 (1993).

The Brain Gets Sick, Too - the Case for Equal Insurance Coverage for Serious Mental Illness, 24 St. Mary's L.J. 365 (1993).

The Government-wide Debarment and Suspension Regulations after a Decade - a Constitutional Framework - Yet, Some Issues Remain in Transition, 21 Pub. Cont. L.J. 370 (1992).

The Administrative Procedure and Texas Register Act and ADR: a New Twist for Administrative Procedure in Texas? 42 Baylor L. Rev. 705 (1990).