Areas of Practice

Professor Phelan practices primarily in the area of non-profit organizations and federal taxation.

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.

Professional History and Affiliations

• Admitted to Practice: State Courts of Texas, U.S. Supreme Court, Fifth Circuit Court of Appeals, U.S. Tax Court, U.S. District Courts for Western and Northern Districts of Texas.
• Board Certified in Tax Law
  
• Certified Public Accountant
  
• Texas Tech University School of Law:
  
• Paul Whitfield Horn Professorship in 2005-present 
• Director of Tax Clinic, 2003-present
  
• Robert H. Bean Professor of Law 1993-2005
  
• Served as Associate Dean for Academic Affairs, 1990-1993
  
• Associate Professor of Law, 1974-1977
  
• Professor of Law 1977-present
  
• Served as General Counsel for Texas Tech University and Texas Tech University Health Sciences Center, 1977-1984
  
• Served as Associate Dean, Graduate School, 1973-1977
  
• Professor of Museum Science, 1982-present
  
• Associate Professor, College of Business Administration, 1973-1974
  

Selected Publications

• Representing Nonprofit Organization, 2nd Edition, 2007 (Thomson West)
  
• Nonprofit Enterprises: Corporations, Trusts, and Associations. (West Group, 2000) online at Westlaw, database NPECTA
  
• 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)
  
• “Duties and Liabilities of Trustees, Board Members and Officers of Nonprofit Organization, “ White Paper, ThomsonWest, 2007
  
• “Assisting Small Nonprofit Organizations,” published in ABA workbook for Tax Clinics entitled Effectively Representing Your Client Before the IRS, 2000
  
• “Exempt Organization, Private Foundation and Political Organization, “Mertens, Law of Federal Taxation, Chapter 34, ThomsonWest, 1999
  
• “Charitable Contributions, “ Mertens, Law of Federal Income Taxation, Chapter 31, Thomson, 1999
  

Education

• University of Texas School of Law, J.D., 1972
  Order of the Coif
  
• Texas Tech University, Ph.D., 1971
  
• Texas Tech University, M.B.A, 1967
  
• Texas Tech University, B.A., 1959