Duly Noted

Duly Noted — October/November 2013

New titles from the Texas State Law Library

Items listed in Duly Noted include a sampling of recently received books, reports and documents. Most items listed are available for circulation with the exception of some reference materials. All items listed in Duly Noted are temporarily housed behind the circulation desk. If you are interested in checking any of these items out, you may contact us at (512) 463-1722 or at library@sll.texas.gov. If you are registered borrower with the library, we can have your selections ready for pick-up at the circulation desk. If you are not already registered with us, you will first need to come by the circulation desk with a photo ID to register. Read the library use policy.

The library can provide photocopies or scans of sections of these publications as part of our document delivery service. When checking out, non-state employees are subject to a $1.00 circulation fee per item.

The library also has a variety of other resources to meet your research needs. Please let us know how we may assist you.

Administrative Law


A guide to federal agency adjudication

by Jeffrey Litwak — American Bar Association, 2012. 304 pages.
KF 5407 G838

An administrative procedure is increasingly the first step an individual must take in resolving a dispute especially in the area of government benefits. Agency adjudications impact individuals in very important ways. When individuals view the adjudication procedures as giving them a fair chance to have their say, they are more likely to feel satisfied with the decision. This prevents every dispute going onto formal court proceedings. This handbook covers due process under the under the Administrative Procedures Act, as well as, how to ensure the same protection under proceedings not governed by the APA. The 2012 “A Blackletter Statement of Federal Administrative Law”, prepared by the Section of Administrative Law and Regulatory Practice of the American Bar Association is included as Appendix A.

Artifacts


Buried treasure : finders, keepers, and the law

by Cecil Kuhne, III — American Bar Association, 2013. 178 pages.
KF 713 T7 K84

Using exciting, real-life cases, this title looks at the legal issues surrounding forgotten and abandoned property. The book is divided up into three parts which discuss items found in the ground, under the sea, and "everywhere in between." The author's exciting retellings of these cases make for a fun and amusing read while understanding the complexities of the issues surrounding these cases.

Civil Rights


Collateral consequences of criminal convictions : law policy and practice

by Margaret Love — National Association of Criminal Defense Lawyers, 2013. 1 volume.
KF 390 E87 L685

Many opportunities and privileges may be lost because of a conviction and there is little the convicted person can do about it. This text is an attempt to educate readers, the convicted person and those in the legal profession, on the unintended consequences of a criminal conviction. It also provides a comprehensive resource for those civil practitioners seeking to mitigate these unintended consequences. This title includes a table of laws and rules, table of cases, comparison charts and state profiles, and model rules and standards.

Consumer Protection


Texas consumer law : cases and materials 2013-2014

by Richard Alderman — Grail & Tucker Legal Publishing, L.C., 2013. 722 pages.
KFT 1610 A4

Written by one of the leading authors of the Texas Deceptive Trade Practices Act, this is a great resource for anyone who is researching or involved in consumer law litigation in Texas. It tackles many common issues -- e.g., DTPA violations as well as exemptions and defenses, DTPA remedies, proper parties in DTPA suits, warranties, products liability, debt collection practices -- and provides hefty annotations to both statutes and relevant case law. This is a very detailed title that provides a great amount of value to anyone interested in consumer protection and DTPA litigation. A CD-ROM with supplemental information is also available.

Criminal Law


Criminal law forms

by Kenneth Vercammen — American Bar Association, 2013. 591 pages.
KF 9216 V47

While this volume does contain forms for criminal and traffic cases, it provides much more. Written to encourage attorneys not experienced in minor criminal or traffic matters, it provides a step by step manual on handling all aspects of this type of case. He includes advice on finding clients and how to handle them throughout representation. In addition to pleadings and discovery forms, he includes numerous sample letters he finds useful in pursuing a case. I was especially impressed with the variety and number of sample letters that can be used to communicate with clients. Many of our callers complain that their attorney will now tell them anything. Vercammen emphasizes the need to nurture that attorney-client relationship and provides letters that can be adapted to touch base with clients so that they do not feel forgotten. An accompanying CD allows electronic access to this wealth of information.

Criminal Procedure


Lethal injection: capital punishment in Texas during the modern era

by Jonathan Sorensen — University of Texas Press, 2006. 222 pages.
KF 9227 S67

This work examines capital punishment since 1976, the year the death penalty was reinstated after a brief hiatus. Since then, Texas has led the nation in sentencing and carrying out the death penalty. Author Jonathan Sorensen explores implications of Texas' role as a leader on this front by asking why Texas is much more aggressive than other states, whether or not capital punishment has been effective in deterring violent crime, and does it have any negative repercussions.

Debtor and Creditor


How to collect your own judgment in Texas

by Cox, Harvey — CreateSpace Independent Publishing Platform, 2013. 225 pages.
KFT 1501 C69

There are many guides on navigating the small claims or justice court system for the self-represented litigant, but what happens once the judgment is rendered? This title from attorney Harvey L. Cox picks up at the point that the judgment is issued and counsels the creditor on how to actually collect. Cox presents a step by step system that discusses locating the debtor and their assets and the different legal avenues available to collect on the judgment. An appendix with forms is included.

Drivers and Driving


DWI investigation & prosecution

by Richard Alpert — Texas District and County Attorneys Association, 2012. 1 volume.
KFT 2231 A46

This book offers a very detailed dissection of a DWI case in Texas and serves as a great reference work for criminal law attorneys. It begins with a look at warrantless stops, roadblocks and sobriety checkpoints, the detention of a suspect, and the collection of evidence such as blood samples and breath tests. It then moves on to pretrial motions and hearings and how to prepare for trial, which includes details on jury selection, jury charges, and the type of evidence that is used in a trial. It ends by looking at the punishment phase and the special case of juvenile offenders. Also included are a table of cases and applicable statutes. A CD-ROM with forms and trial aids is also available.

Elder Law


Alzheimer's and the law : counseling clients with dementia and their families

by Kerry Peck — American Bar Association, 2013. 380 pages.
KF 3803 A56 P43

This title was written to educate attorneys about the legal and ethical issues that arise when working with clients with dementia and specifically Alzheimer's. Specific chapters focus on ABA rules for clients with diminished capacity, advanced directives, power of attorneys, special-needs trusts, government benefits, guardianships and conservatorships, elder exploitation, and personal-care agreements.

Divorce in the golden years : estate planning, spousal support, and retirement issues for clients at midlife and beyond

by Leslie Shaner — American Bar Association, 2010. 369 pages.
KF 535 S49

The challenges faced by couples who decide to divorce later in life presents several unique challenges for family lawyers working with these clients. This title helps family lawyers navigate those challenges. Topics covered include nonprobate assets, divorce cases and intestate succession, wills, power of attorney, spousal support, and retirement plans. A range of appendices provided additional information. Also available is a CD-ROM which can be requested at the reference desk.

Ethics in the practice of elder law

by Roberta Flowers — American Bar Association, 2013. 418 pages.
KF 390 A4 F59

This book is an overview of the more common ethical considerations in elder law practice. It was written for lawyers who are new to elder law practice. It is not a comprehensive treatment of the subject, but will provide the reader examples of some of the main issues involved. This text includes ABA Model Rules of Professional Conduct, National Academy of Elder Law Attorneys Aspirational Standards, select ABA ethics opinions, checklists and letters.

Environmental Law


Climate change and insurance

by Christina Carroll — American Bar Association, 2012. 238 pages.
KF 3783 C578

As Superstorm Sandy, Typhoon Haiyan, and the May tornado in Moore, OK showed us, violent weather has huge financial costs. The title provides a brief overview of the insurance issues that arise from climate change. Chapters provide a background on climate change, the likely claimants of litigation arising from climate change, climate change-related regulation, current climate-change related litigation, and potential claims liability.

The law of adaptation to climate change : U.S. and international aspects

by Michael Gerrard — American Bar Association, 2012. 888 pages.
KF 3783 L39

This volume, written by climate change law experts, examines laws that are currently being enacted both in the U.S. and internationally to deal with effects of climate change such as droughts, heat waves, extreme weather, and shifts in sea level. It is divided into two parts: one dealing with U.S. law and one dealing with International law. The U.S. law section addresses a wide range of topics including water supplies, energy demand, infrastructure, coastal retreat, ecosystems, agriculture, forestry, public lands, disaster preparedness and response, and insurance.

Evidence


Social media as evidence: cases, practice pointers, and techniques

by Joshua Briones — American Bar Association, 2013. 109 pages.
KF 8947.5 B75

Written by attorneys who specialize in social media legal practice, this title is for civil litigators and aims to help you understand the use of social media as evidence in a civil trial. The book begins with an introduction to social media -- an "evidentiary gold mine for impeaching witnesses and undermining a party's litigation position" -- then moves on to topics such as the retrieval, retention, and admissibility of social media data. It also discusses related issues such as social media in relation to juries, jury selection, real-time "live blogging" of trials, and how social media may lead to a mistrial.

Juvenile Law


Handbook on questioning children : a linguistic perspective

by Anne Walker — American Bar Association, 2013. 157 pages.
KF 9673 W35

The authors believe that children involved in court proceedings need to clearly understand what is being asked of them and they have the right to be clearly understood. Language can get in the way of communication between adults. Communicating with children presents additional linguistic challenges. Questioning children demands a great deal of patience and an understanding of the communication issues presented by a child’s developmental stage and their individual facility with language. This 3rd edition of the Handbook on Questioning Children reflects new research findings and additional years of practical experience interviewing children. There are numerous tips on how to phrase effective questions and words to avoid or use with caution. Just as important as the questions you ask, is actively listening to the child’s responses. Often follow up questions are needed to ensure the child is able to credibly communicate to the court what he has experienced. Numerous appendices and research references provide additional value to this important book.

Trial manual for defense attorneys in juvenile delinquency cases

by Randy Hertz — American Bar Association, 2013. 948 pages.
KF 9815 H47

This publication adheres strictly to its title. The text is geared to exclusively to defense attorneys. The authors do not try to examine juvenile law from the prosecution’s perspectives. It is a manual in the sense it eschews theory and provides practical guidance from taking on a juvenile case through the possible resolutions. The book’s chapters follow the usual sequence of events in a juvenile case. Rather than referring you elsewhere in the book, they repeat information as needed relating it to topic at hand. Practical advice is given on working with the clients, their parents and the court system so you can provide the best advocacy possible to ensure the best outcome for the child. (Leslie)

Who gets a childhood? : race and juvenile justice in twentieth-century Texas

by William Bush — University of Georgia Press, 2010. 257 pages.
KFT 9779 B87

In this work historian William S. Bush uses Texas as a case study to analyze the cycles of scandal, reform, and retrenchment within the juvenile justice system. He observes that historically, these cycles tend to produce results that are preferential to white middle and upper class juveniles, while harshly punishing black, Latino, and poor white juveniles.

Labor and Employment


ERISA and employee benefit law : the essentials

by David Pratt — American Bar Association, 2010. 570 pages.
KF 3512 P66

This title serves as a great introduction to the many complicated issues related to pension and benefit plans. The authors begin by providing the legal background to these topics before providing a closer look at various types of retirement plans: defined benefit, defined contribution, and hybrid plans. They also look at pensions in relation to divorce and bankruptcy, employee welfare benefits, social security benefits, Medicare, the taxation of retirement plans, and litigation under ERISA. Each chapter tackles a specific topic in a straightforward manner that helps one better delve into the complex laws that govern benefit plans.

Law Practice Management


Technology solutions for today's lawyer

by Jeffrey Allen — American Bar Association, 2013. 281 pages.
KF 320 A9 A428

This text seeks to equalize the playing field between small firms and larger firms by helping the smaller offices utilize technology more efficiently. Some of the topics covered include choosing hardware for your office, mobile computing, implementing new software, cloud computing, security considerations and backing up your data. It also includes a glossary of important computing terms and important practice tips peppered throughout the text.

The paralegal's guide to professional responsibility

by Arthur Garwin — American Bar Association, 2012. 221 pages.
KF 306 G37

This handbook was written as a basic desk reference for paralegals, to serve as a practical reference on the basics of professional conduct. It explains the law of professional responsibility, provides tools for identifying and resolving ethical problems and provides tips to use in everyday practice. It has several appendices, which include codes of ethics, model guidelines for utilizing paralegal services, legal research resources and a glossary of important terms.

Legal Research and Writing


Legal writing in plain English : a text with exercises

by Bryan Garner — University of Chicago Press, 2013. 268 pages.
KF 250 G373

Bryan Garner, the author of such noted writing and usage resources such as The Redbook, The Elements of Legal Style, Garner's Dictionary of Legal Usage, and many more, offers this volume on how to write legal documents in clear, concise language. Garner provides principles for framing your thoughts, phrasing your sentences, and choosing your words, as well as exercises to practice putting these principles into action.

Practice of Law


Jiu jitsu jurisprudence : a guide to balance your life practice and law practice with Brazilian jiu jitsu

by Ryan Danz — American Bar Association, 2013. 200 pages.
KF 300 D36

Ryan Danz presents a unique perspective on the psychological aspects of practicing law by examining it through the lens of the Brazilian martial art jiu jitsu. Danz contends that the guiding principles of jiu jitsu – focus, discipline, camaraderie, etc. – can be applied to the practice of law to make you a better, more confident attorney. A thought-provoking read for those looking for a fresh approach to their practice.

Real Property


Land surveys: a guide for lawyers and other professionals

by Mitchell Williams — American Bar Association, 2012. 341 pages.
KF 683 A75 L36

This edition, updated with the latest developments, is intended to help the practitioner understand and use land surveys during real estate transactions. Each chapter is written by different experts and covers such topics as reading survey maps, ALTA/ACSM Land Title Survey requirements, title insurance, land descriptions, boundary disputes, and professional and ethical requirements for surveyors.

Trial Practice


Anatomy of a trial: a handbook for young lawyers

by Paul Sandler — American Bar Association, 2011. 391 pages.
KF 8915 S24

Many young lawyers beginning their careers have an excellent grasp of litigation theory but lack the real-world experience of actual trials. This volume from Paul Mark Sandler looks at each stage of two real trials (one criminal, one civil) and gives advice and strategies for success. Learning points are presented at the end of each chapter to distill the text into the main ideas to remember at each stage of a trial. Appendices contain the text of the opening statements and closing arguments from the cases examined.

Water Law


Spanish water, Anglo water: early development in San Antonio

by Charles Porter — Texas A&M University Press, 2009. 181 pages.
KFT 645 P676

In this work, Charles Porter discusses the development of Spanish water usage and law in San Antonio. It covers the period of initial European settlement in 1718 through 1902 when the city appraised and purchased the privately owned San Antonio Water Works Company. Porter examines the natural water resources which first drew Spanish settlers to the area and how their unique system of management and ownership developed along with the city.

page last updated: 25 Feb 2013 10:49 AM