  We report on the first in-beam $\gamma$-ray spectroscopy of the
proton-dripline nucleus $^{40}$Sc using two-nucleon pickup onto an
intermediate-energy rare-isotope beam of $^{38}$Ca. The
$^{9}$Be($^{38}$Ca,$^{40}$Sc$+\gamma$)X reaction at 60.9 MeV/nucleon mid-target
energy selectively populates states in $^{40}$Sc for which the transferred
proton and neutron couple to high orbital angular momentum. In turn, due to
angular-momentum selection rules in proton emission and the nuclear structure
and energetics of $^{39}$Ca, such states in $^{40}$Sc then exhibit
$\gamma$-decay branches although they are well above the proton separation
energy. This work uniquely complements results from particle spectroscopy
following charge-exchange reactions on $^{40}$Ca as well as $^{40}$Ti
EC/$\beta^+$ decay which both display very different selectivities. The
population and $\gamma$-ray decay of the previously known first $(5^-)$ state
at 892 keV and the observation of a new level at 2744 keV are discussed in
comparison to the mirror nucleus and shell-model calculations. On the
experimental side, this work shows that high-resolution in-beam $\gamma$-ray
spectroscopy is possible with new generation Ge arrays for reactions induced by
rare-isotope beams on the level of a few $\mu$b of cross section.
