Duly Noted

Duly Noted — February/March 2014

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.

Banking and Finance

Consumer banking and payments law : bank accounts; remittances; money orders; prepaid cards; electronic benefit payments; electronic records and signatures

by Lauren Saunders — National Consumer Law Center, 2013. 766 pages.
KF 974 B83

The newest edition of the National Consumer Law Center's Consumer Banking and Payments Law continues and expands coverage of a broad section of financial law. Topics covered include changes in electronic transfers, electronic delivery of government benefits, stored value systems, and the consumer protections built in to each form of payment.Ten appendices provide primary source material including federal law, regulations, and opinions and guidance from federal agencies. Access to a companion website can be accessed from library computers and remotely with a current library card.


by Carolyn Carter — National Consumer Law Center, 2013. 812 pages.
KF 1058 C3

This work is a useful overview of the laws surrounding repossessions for both practitioners and laypersons. Covering the repossession of motor vehicles, mobile homes, and household goods, it addresses the Uniform Commercial Code provisions common to every state as well as laws specific to states. It includes a companion website which provides sample forms and the text of relevant statutes. Access to the companion website is available from the National Consumer Law Center database, available at http://guides.sll.texas.gov/electronic-databases.

Class Actions

The law of class action: fifty-state survey, 2012-2013

by Elizabeth Cabraser — American Bar Association, 2013. 649 pages.
KF 8896 L39

This volume is a product of the Class Actions and Derivative Suits Committee of the American Bar Association’s Section of Litigation. The editors chose expert litigators from each state to provide a concise statement of their state’s class action law. The Texas chapter was written by Stephen Gardner, Director of Litigation for the Center for Science in the Public Interest. This this handy volume allows the practitioner to see the differences between the various states’ laws as well as how each state’s law compare with the federal law.

Consumer Protection

The Texas judgment debtor handbook

by Harvey Cox — CreateSpace Independent Publishing Platform, 2012. 112 pages.
KFT 1501 C695

This title provides detailed legal information from an uncommon point of view, that of a person against whom a judgment is obtained: a "judgment debtor." It takes a look at the various methods that a prevailing party may use to collect a judgment and also provides information on how those methods may be attacked. The author takes a close look at liens, writs of execution, exempt property, writs of garnishment, post-judgment discovery, and turnover statutes. It also contains sample forms -- for example, a homestead affidavit as release of judgment lien and a release of judgment lien.

Criminal Law

Texas punishment 2013-2014: a source book for defense lawyers

by Keith Hampton — Texas Criminal Defense Lawyers Association, 2013. 1 volume.

What first began as a seminar paper by the author has now turned into an invaluable reference source on punishments for criminal offenses in Texas. This title is divided into five parts. It begins by providing a general overview of the types of punishments set out by state law. It then looks at unseen consequences of a conviction, such as parole eligibility, deportation, firearm possession, civil rights, and the ability to hold a professional license. The third part focuses on drug crimes and their consequences. The author then provides a detailed chart of drug offenses and a look at the penalty groups for each controlled substance. It then ends with a list of all of the amendments to Section 42.12 of the Code of Criminal Procedure, "Community Supervision."

Debtor and Creditor

National Consumer Law Center Guide to Surviving Debt

by Deanne Loonin — National Consumer Law Center, 2013. 503 pages.
REF DESK KF 1539 S87

This work provides practical advice for dealing with debt collection issues, including relevant laws. The author aims to help consumers understand their options, appreciate the consequences of certain actions and make wise choices. Topics include credit reports, student loans, home foreclosure, credit cards, bankruptcy, and repossession. It also includes a glossary of legal terms.

Eminent Domain

The law of eminent domain : condemnation, zoning & land use committee

by William Blake — American Bar Association, 2012. 598 pages.
KF 5599 L278

This 50 state survey of the law of eminent domain is the result of a project by the Condemnation, Zoning and Land Use Committee of the American Bar Association’s Section of Litigation. Experts in the field from each state were chosen to write each state’s survey. The committee wanted a uniform coverage for each state and provided a list of questions to be addressed. This assists in making comparisons between states’ laws. H. Dixon Montague, attorney with Vinson & Elkins, wrote the Texas entry.

Environmental Law

The Clean Air Act handbook

by Julie Domike — American Bar Association, 2011. 739 pages.
KF 3812 C55

The third edition of this comprehensive Clean Air Act title, examines recent developments with the CAA and greenhouse gas emission regulation. It is intended for the practitioner who needs to review specific sections of the CAA. This comprehensive reference manual covers the entire Clean Air Act not simply the 1990 amendments. It is intended for the practitioner who needs to review specific sections of the CAA. Some of the topics covered include setting national ambient air quality standards, meeting those standards through state implementation plans and how they affect transportation requirements, the Visibility Protection program, and hazardous pollutants. This title also offers a very helpful list of commonly used CAA abbreviations and measurements.

Foundations of sustainable development

by Dean Frieders — American Bar Association, 2012. 158 pages.
KF 5505 F68

This title written for both public and private groups planning sustainable developments. It explores many sustainable development techniques and attempts to describe them in language that is understandable to individuals without extensive engineering knowledge. Chapters look at working with code and ordinances, engineering and wastewater, "preventing green clutter," and construction aspects of a sustainable project.

Family Law

Attacking and defending marital agreements

by Brett Turner — American Bar Association, 2012. 581 pages.
KF 529 T87

According to the authors, the primary purpose of this treatise is to address what happens after a marital agreement is entered into by the parties. The primary focus is on the issues of validity and construction. This book seeks to provide practical guidance to attorneys facing questions regarding these issues. It includes a table of cases and the following appendices; “A Mini-Encyclopedia of Ambiguous Marital Agreement Provisions and their Construction by the Courts”, ”Discovery Materials on the Validity of Marital Agreements” and ”Discovery for Premarital Agreements”.

Family law trial evidence handbook : rules and procedures for effective advocacy

by Steven Peskind — American Bar Association, 2013. 383 pages.
KF 505 P47

This book serves as a guide to fundamental trial practice when litigating contested family law matters. Its purpose is to help lawyers develop their cases for trial. Some of the topics covered are trial process and procedure, fundamentals of evidence, evidence of character and habit, hearsay exceptions, competency of witnesses and expert witnesses


What every Texas lawyer needs to know about firearms law course, 2013

by State Bar of Texas — State Bar of Texas, 2013. 1 volume.
KFT 3941 W5

With recent open carry protests and stand your ground cases, thorough knowledge of firearm laws is important. This CLE from September, 2013 looks current issues surrounding firearms laws in Texas include gun legislation from the 83rd Legislature, insurance coverage and gunshot accidents, concealed handgun licenses, jury perspective of gun case defendants, National Firearms Act trusts, restoration of firearm rights, federal licenses, establishing self defense, protective orders and firearms law, and criminal defense in gun cases.

View the table of contents [PDF].

Juries and Jury Instructions

Winning the jury's attention : presenting evidence from Voir Dire to closing

by Trey Cox — American Bar Association, 2011. 191 pages.
KF 8972 C69

To illustrate the struggles attorneys face in connecting with jurors, author Trey Cox begins the first chapter of this volume with the following quote by Herbert Simon: “A wealth of information creates a poverty of attention.” That poverty of attention is the impetus for the creation of this concise volume, which offers advice on how to grab the limited attention of a jury who may be restless, distracted or bored. Cox provides seven basic principles for more effective communication with jurors. For each principle, Cox offers the theory behind it, the importance of the principle at various points in the trial, and ways to put the principle into action. This title would be an invaluable resource for any attorney who finds it difficult to present themselves effectually to jurors.

Labor and Employment

Maslanka's field guide to the 2014 Fair Labor Standards Act

by Michael Maslanka — Texas Lawyer Press, 2013. 380 pages.
KF 3455 M37

While the Fair Labor Standards Act is a federal law, this title is written for Texas attorney. It provides up to date annotations of relevant Code of Federal Regulation sections, United States Code sections, Department of Labor opinion letters, and cases from the Eastern, Northern, and Western District of Texas. Specifically information is provided on undocumented workers, the affect of Christopher v. Smithkline Beecham Corp., 132 S.Ct. 2156 (2012) on DOL regulations, and laws surrounding unpaid interns.

Taxation and funding of nonqualified deferred compensation : a complete guide to design and implementation

by Michael Goldstein — American Bar Association, 2012. 351 pages.
KF 3509 G65

Now in its second edition, this title informs employers and employees about the intricacies of nonqualified deferred compensation (NQDC). Chapters cover a range of topics related to NQDC plans including tax-related consequences for the employer, income tax-related consequences for the employee, FICA and payroll taxes, death benefits paid tax consequences, ERISA, informal funding, non-profits, employee risk, state taxation, and other plans such as 401(k)s.

Law Practice Management

Adobe acrobat in one hour for lawyers

by Ernie Svenson — American Bar Association, 2013. 175 pages.
KF 320 S84

The ABA Law Practice Division publishes a series of one hour technical manuals on topics to help lawyers learn the basics of the latest technology quickly. This Adobe Acrobat manual will help lawyers work more efficiently with PDFs. You will learn how to create searchable PDFs from Word, Outlook and other programs, rearrange pages, redact sensitive and confidential information from PDFs, and turn scanned PDFs into searchable ones, just to name a few.

The 2014 solo and small firm technology guide : critical decisions made simple

by Sharon Nelson — American Bar Association, 2014. 376 pages.
KF 320 A9 N45

This annual guide is intended to help smaller law practices invest their technology dollars wisely. It provides recommendations on electronics such as computers, smart phones, servers, iPads, and more. It also includes recommendations for legal software, cloud computing programs, and apps. Written in easy to understand language, this work is useful for attorneys, office staff, as well as IT professionals.

WordPress in one hour for lawyers : how to create a Website for your law firm

by Jennifer Ellis — American Bar Association, 2014. 162 pages.
KF 320 I57 E45

This short, instructional book -- part of the ABA's "In One Hour" series on technologies for lawyers -- walks you through all of the steps required to set up a website for your practice or law firm. It begins with the basics of finding a web host, choosing a domain name, and then guides you through building a website using WordPress, a very popular content management system that is easy to set up and customize. A great resource for those who need a website but are perhaps intimidated by the process or cannot afford to hire IT staff.

Legal History

Lawyer: a brief 5,000-year history

by Blain Andrus — American Bar Association, 2009. 465 pages.
KF 353 A53

In an attempt to answer the question “who was the first lawyer?”, author R. Blain Andrus has written an engrossing history of the legal profession, from the first appearance in biblical times to the evolution of the modern attorney. Equal parts a comedian and a scholar, Mr. Andrus’s account of the worldwide development of a canon of law and its practitioners is humorous, well-researched, and historically rich. Mr. Andrus provides definitions of key vocabulary terms and biographies of important historical figures in notices interspersed throughout the text. This title is worthwhile reading for any attorney who has pondered the history of his profession.

Legal Research and Writing

The amicus brief : how to write it and use it effectively

by Reegan Simpson — American Bar Association, 2010. 278 pages.
KF 8748 S53

This text provides some discussion on what an amicus brief is and its history. It discusses who files, and why, and how and when to when to write a brief. It also explains how to write an effective brief with information on what should be included and why, along with a template. It also provides information about ethical issues to consider. And includes excerpts from examples of amicus briefs.

Local Government

How cities work

by Texas Municipal League — Texas Municipal League, 2013. 32 pages.
KFT 5304 H69

"City government is where the rubber meets the road," as this brief publication's introduction states. Many governmental services that citizens utilize on a daily basis are provided by their municipality, and so this title helps to elucidate how these services function. The authors take a look at sources of revenue for a city and then help explain how public safety, law enforcement, economic development, waste management, electrical utilities, and libraries work.

Available electronically: http://www.tml.org/HCW/HowCitiesWork.pdf

Practice of Law

What if I say the wrong thing? : 25 habits for culturally effective people

by Verna Myers — American Bar Association, 2013. 132 pages.
KF 300 M944

Writing from a welcoming, understanding and forgiving position, author Verna A. Myers details 25 habits that encourage diversity and inclusion. She briefly provides an anecdote illustrating each habit and describes "culturally ineffective" and "culturally effective" ways of employing it. Myers offers positive tips for putting each habit into practice and provides realistic and practical ways for the reader to focus their words and actions to foster diversity and understanding in their firm, their lawyer-client relationships, or in their personal life. This title is a companion to Moving Diversity Forward, which is also available in our library.

Real Property

Foreclosure prevention counseling : preserving the American dream

by Odette Williamson — National Consumer Law Center, 2013. 460 pages.
KF 697 F6 W54

This book provides practical advice for homeowners facing foreclosure. It covers the latest changes in the federal Home Affordable Modification Program (HAMP) as well as Consumer Financial Protection Bureau regulations. Remote access is available to the companion site which contains sample forms, the text of primary law, and many other practice aids, http://guides.sll.texas.gov/electronic-databases

Sexual Orientation

Transgender persons and the law

by Ally Howell — American Bar Association, 2013. 316 pages.
KF 4754.5 H69

There are very few books written focusing on the legal need of transgender persons. The volume begins with an explanation of the "what or who" transgender person is and the unique legal issues that may arise. Chapters are devoted to practice aspects such as identification documents, public facilities, immigration, and employment issues. Other chapters cover health care and personal safety. There are state law appendices on identification documents, driver's licenses laws, and marriage. Other appendices provide city and county level nondiscrimination ordinances. An accompanying CD provides forms for name and birth certificate changes.


Veterans appeals guidebook: representing veterans in the U.S. Court of Appeals for Veterans Claims

by Ronald Smith — American Bar Association, 2013. 110 pages.
KF 7713 V48

Bar Associations around the county realize active service members and veterans often need legal assistance with a variety issues. Many state bars are organizing veteran assistance programs. This concise volume is a how-to book on representing veterans appealing a decision by the Board of Veterans' Appeals to the Court of Appeals for Veterans Claims. Sample forms, briefs, and memorandums are included.

page last updated: 25 Feb 2013 10:49 AM