Duly Noted — December/January 2014
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 firstname.lastname@example.org. 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.
Topics in this issue include...
Animal Rights | Business Organizations | Constitutional Law | Construction Law | Consumer Protection | Disability Law | Drivers and Driving | Elder Law | Elections & Campaign Finance | Environmental Law | Evidence | Guns | Health and Health Care | Judges and Judicial Conduct | Labor and Employment | Legal Research and Writing | Miscellaneous Legal Topics | Prisoner Rights | Real Property | Wills, Trusts, and Estate Planning
Equine regulatory law
by Robert Heleringer — Robert L. Heleringer, 2012.
KF 3989 H45
This title was written by a professor of equine law when he was unable to find a thorough textbook on equine law. It looks at the Federal and state laws and regulations that govern the horse-racing industry. Written to be accessible to people working in the horse-racing industry as well as law students, it provides information on the origins of equine regulatory law, the role of the state racing commission, racing case law, the absolute insurer rule, and liability issues.
Texas animal laws: an alpha-numerical reference
by Texas Academy of Animal Control Officers — Texas Academy of Animal Control Officers, 2011.
KFT 390.5 A5 T45
This title, compiled by the Texas Academy of Animal Control Officers, contains all the Texas laws pertaining to animals. It is a helpful reference for individuals interested in Texas animal law topics such as domestic animals or wildlife. It is divided into six sections based on code. These sections are Texas Health & Safety Code, Texas Administrative Code, Texas Penal Code, Texas Parks & Wildlife Code, Texas Agriculture Code, and Miscellaneous Texas Codes. An index is provided for quick reference. This title is updated through the 82nd Legislature.
Texas business organizations manual
by Casey Barthel — State Bar of Texas, 2013.
KFT 1384 T386
This new edition updates and reorganizes the State Bar’s Texas Business Entities Forms Manual: Corporations. This volume is divided into sections on corporations and limited liability companies. It primarily consists of forms, including forms required by the Secretary of State. It also includes a few relevant CLE articles from recent State Bar courses.
I dissent : great opposing opinions in landmark Supreme Court cases
by Mark Tushnet — Beacon Press, 2008.
KF 8742 I35
This compilation of dissenting opinions from the Supreme Court of the United States offers insight into the workings of the nation’s highest court. The editor, a professor at Harvard Law School, first discusses the concept behind a “dissenting opinion” and then presents 13 “great opposing opinions” along with a contextual background of each case. He also offers brief commentary on the dissenting opinion and discusses how things might be different if the dissenting justices had prevailed. A great read for anyone interested in the history and impact of the Supreme Court of the United States.
Construction damages and remedies
by Alexander Moseley — American Bar Association, 2013.
KF 902 C66
Winning a construction dispute claim is for naught if you have not pleaded and proven the damage claims and chosen the most effective remedy for your client. A host of construction law experts have contributed to the second edition of this handbook. They discuss the remedies possible for the various participants in construction litigation. They advise on how to calculate and effectively demonstrate evidence of damages related to construction. Chapters are also devoted to drafting construction contracts that limit remedies and damage awards. Appendices provide references to relevant state statutes. A lengthy table of cases and detailed index add to the value of this handbook.
Fair credit reporting
by Chi Chi Wu — National Consumer Law Center, 2013.
KF 1040 O4
The eighth edition of The National Consumer Law Center’s Fair Credit Reporting reaffirms its position as an essential resource for any consumer lawyer. This two volume set is a comprehensive examination of consumer credit reporting law, with footnotes to case law, reports, press releases, and agency documents throughout. Access to a companion website is available from library computers and as part of our remote access database collection. Available online through: http://guides.sll.texas.gov/electronic-databases.
Justice for all: challenges of the mentally ill in the legal system
by Sherrie Carter — National Institute for Trial Advocacy, 2009.
KF 480 B68
This brief volume from the National Institute for Trial Advocacy provides an overview of common mental illness diagnoses, the legal relevance and applications of those diagnoses, and how to effectively assist and handle mentally diminished or ill clients. The author, Sherrie Carter, also provides the common treatment for each mental illness discussed and how that illness can impact attorney-client relations. Particular focus is given to criminal law and family law.
Drivers and Driving
Texas DWI manual
by Deandra Grant — James Publishing, 2013.
KFT 2231 G73
This practice manual covers procedural aspects of DWI cases as well as relevant scientific concepts. It provides an in-depth treatment of the various tests used, such as field sobriety, blood, and breath tests. It also covers sentencing strategies and post-conviction issues and contains over 85 forms. A full-text, searchable CD-ROM is also available for checkout and can be requested at the reference desk.
At liberty to die : the battle for death with dignity in America
by Howard Ball — New York University Press, 2012.
KF 3827 E87 B357
This book focuses on the liberty provided by the due process clauses of the U. S. Constitution and the fact that it extends to all terminally-ill, but competent persons’ right to choose to die with dignity with the “passive assistance of a physician.” It discusses the Terri Schiavo case and other related U.S. cases. It also discusses using legislation to allow death with dignity and focuses on Oregon and Washington, two states that have already passed pioneering death with dignity statutes.
Elections & Campaign Finance
Election law in the American political system
by James Gardner — Wolters Kluwer, 2012.
KF 4886 G37
This casebook is organized into chapters dedicated to important aspects of election law. Each chapter provides an introduction to the concept with landmark cases and other background reading to help the reader understand the most important literature on each topic. Topics covered include the right to vote, redistricting, campaign finance, election administration, the Voting Rights Act, and political parties.
The NEPA litigation guide
by Albert Ferlo — American Bar Association, KF 3775 N473.
This text discusses the National Environmental Policy Act (NEPA). Topics covered include its history, timing of NEPA compliance, regulations implementing the NEPA, litigating NEPA cases, and the NEPA and climate change. This book includes a table of cases and appendices of the “National Environmental Policy Act,” “Council on Environmental Quality Regulations,” and the “Forty most asked questions concerning CEQ’s National Environmental Policy Act Regulations.”
Eyewitness testimony : civil and criminal
by Elizabeth Loftus — Lexis Nexis Matthew Bender, 2013.
KF 9672 L63 2013
This valuable long-lived title was updated in 2013 to its fifth edition. In the foreword, the authors reiterate “the conversation between working lawyers, investigators and psychologists—between the lab, the street, and the courtroom—is constant.” With this active collaboration, eyewitness testimony is constantly the subject of rigorous research. Based on psychological research and observation of the legal system’s use of eyewitness testimony, the team of authors examines how to elicit reliable recollections and how to test the reliability in a courtroom setting. Valid science is described in accessible terms and contrasted with “junk science.” Numerous examples taken from legal cases and scientific studies make this an interesting and valuable resource.
Scientific evidence review: admissibility and use of expert evidence in the courtroom
by Cynthia Cwik — American Bar Association, 2013.
KF 8935 S27
This volume begins with a brief overview of the United States Supreme Court decisions on the admissibility of expert evidence. The “Daubert trilogy” cases are discussed as well as more recent developments. Subsequent chapters are devoted to each federal circuit. For example, Chapter Five is entitled “Expert Evidence in the Fifth Circuit.” A Texas attorney provides an overview of the Fifth Circuit’s interpretation in general, followed by sections devoted to the federal courts in each state in the circuit. The author then compares the federal rules with each state’s rules of evidence. The reader then has an overview of the region’s handling of expert evidence. A final chapter looks at how the 2009 report on forensic sciences by the National Research Council of the National Academy of Science has impacted this area of law.
Gunfight : the battle over the right to bear arms in America
by Adam Winkler — W.W. Norton & Company, 2011.
KF 3941 W56
This title takes a historical look at the Second Amendment, commonly referred to as the right to bear arms. The author examines how this right to bear arms has been balanced by gun control efforts since the founding of the nation in the 1700s. He does not attempt to support any single viewpoint but instead offers perspective on how the nation’s attitude on guns and gun control has evolved since the days of the “Wild West” and frontier life. Also included are some historical accounts of how the National Rifle Association came to be and how its efforts have varied over the years.
Health and Health Care
A lawyer's guide to understanding psychiatry
by John Carbone — American Bar Association, 2012.
KF 8965 C37
This title was written by John Carbone, MD, the Chief of Psychiatry and Mental Health Services for the North Carolina Department of Corrections. It is intended to provide attorneys with a basic knowledge of psychiatry to assist in working with offenders with mental illness. It is divided into seven sections which focus on mental illness classification, how individuals are diagnosed, disorders such as depression and anxiety, personality disorders, psychotropic medications, fabrication of symptoms, and risk assessments of future dangerousness for legal purposes.
Patient safety handbook
by Barbara Youngberg — Jones & Bartlett Learning, 2013.
KF 3825 P38
The second edition of this title examines the past decade of improvements to patient safety. With more than 40 chapters, each written by different authors, this title provides in-depth coverage on reduction of risk and patient safety. Some of the topics covered include the patient safety movement’s recent progress, the role of senior hospital leaders and boards of directors in improving patient safety, investigating clinical incidents, “creating a just culture,” and reducing medical errors.
Judges and Judicial Conduct
Reflections on judging
by Richard Posner — Harvard University Press, 2013.
KF 9050 P55
In his personal account of the state of the judiciary, Judge Posner-—a judge for the United States Court of Appeals for the 7th Circuit since 1981—-examines how the federal judiciary has evolved and the challenges it faces. Throughout the work, Posner advocates for a more realistic approach to legal matters (“legal realism”) rather than the “legal formalism” preferred by other judges. Drawing from his decades of experience on the bench, Posner offers his own insight on many aspects of the legal profession and ends the book with suggestions on what could be done to improve the state of the judiciary.
Labor and Employment
Privacy in employment law
by Matthew Finkin — Bureau of National Affairs, 2013.
KF 3457.5 F56
The fourth edition of the title examines the evolution of privacy law in the employment relationship. The first part, entitled “an analysis of privacy in the employment relationship,” examines current practices for things such as medical and psychological screening, drug testing, and background checks. Part two, entitled “statutory and regulatory references” looks at laws and regulations for lie detection, drug testing, tobacco or alcohol extracurricular usage policies, personnel records, and social security numbers. Finally, part three is comparative and looks at laws in the European Union, Canada, and Australia.
Legal Research and Writing
A lawyer writes : a practical guide to legal analysis
by Christine Coughlin — Carolina Academic Press, 2013.
KF 250 C683
This book uses graphics and sample material to demonstrate how attorneys may write more effectively, including a step-by-step guide to building objective legal analyses. It also provides guidelines for writing professional client letters and emails. It shows the reader how to write a persuasive argument and makes concepts understandable to users of varying learning styles. The appendices include examples of effective and less effective memos.
Building your best argument
by Cecil Kuhne, III — American Bar Association, 2010.
KF 8915 K795
While there is no shortage of legal writing and rhetoric treatises available, this one takes a slightly different approach. The author lists twelve elements that he feels are essential to a well-constructed argument, explains the basics, and then provides several examples of the concept being expertly applied to create a clear and convincing argument. For those who learn best by example, the author also includes two arguments in their entirety that he believes are exemplary of the concepts described in the book.
Pleading your case : complaints and responses
by Janet Kole — American Bar Association, 2011.
KF 8870 Z9 K65
This is a small handbook that walks the attorney through the pleading process. It takes the reader step by step through drafting a complaint and drafting a response. It answers basic questions along the way, like “What are the elements of the causes of action?,” “Does your client have standing?,” and “What court is proper?” It provides checklists for drafting a complaint and drafting a response and also includes a litigation budget template.
Miscellaneous Legal Topics
Flash mob law : the legal side of planning and participating in pillow fights, no pants rides, and other shenanigans
by Ruth Carter — American Bar Association, 2013.
KF 3993 C37
Flash mobs are a phenomenon which have gained increased visibility and popularity in recent years. Not surprisingly, these public displays of fun, performance art, advertising, or protest can often walk a fine legal line. This title from the American Bar Association briefly raises a wide variety of legal issues that should be considered when planning or participating in such an event, including privacy concerns, possible criminal offenses, intellectual property issues, and jurisdictional issues. Even if you are not actively involved in “flash mob law” (which is likely, as the author purports to be one of only two practicing specialists), the breadth of the relevant legal issues involved provides for an interesting and thought-provoking title.
Prison grievances : when to write, how to write
by Terri LeClercq — Captive Audience Publishing, 2013.
REF DESK KFT 9731 Z9 L43
LeClercq writes extensively on legal writing. The comic or “graphic novel” format is used to explain the grievance process. The overview of the grievance process is presented through the story of a volunteer lawyer providing instructional classes to inmates and illustrates how one prisoner successfully won his grievance. The rules and the need to strictly follow them are illustrated. The story line is followed by a series of checklists to help the prisoner determine whether they have an actionable grievance. Additional checklists are included for specific types of grievances to ensure the required elements are included.
Landlords and tenants guide
by Judon Fambrough — Texas A&M Real Estate Center, 2014.
REF DESK KFT 586 F35
This landlord/tenant guide from the Texas A&M Real Estate Center is a very popular, go-to resource at the library. It is valuable to both lawyers and non-lawyers because it summarizes landlord/tenant laws in “plain English,” yet it also includes citations to the relevant Texas statutes. This revised 2014 edition covers new legislation from the most recent 83rd legislative session. Some of the topics it covers are the landlord’s duty to repair, security deposits, utility cutoffs, various tenants’ rights, and evictions. It also briefly covers commercial tenancies and self-service storage facilities.
Available electronically: http://www.recenter.tamu.edu/pdf/866.pdf
Wills, Trusts, and Estate Planning
The ABA practical guide to estate planning
by Jay Soled — American Bar Association, 2011.
KF 750 A733
This title is intended to help attorneys explain important estate planning concepts to their clients. Chapters discuss protecting assets for beneficiaries, preserving a business, probatable and nonprobatable assets, federal, state and international taxes, various types of trusts, wills, other end of life decision making instruments, and special concerns for same-sex couples.