Duly Noted — April/May 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...
Alternative Dispute Resolution | Antitrust | Criminal Procedure | Disability Law | Elder Law | Environmental Law | Family Law | Health and Health Care | Insurance | Judges and Judicial Conduct | Law and Economics | Law Practice Management | Legal Research and Writing | Medical Malpractice | Miscellaneous Legal Topics | Oil and Gas | Privacy | Probate | Social Media | Trial Practice | Veterans | Wills, Trusts, and Estate Planning
Alternative Dispute Resolution
Early neutral evaluation
by Wayne Brazil — American Bar Association, 2012.
KF 9084 B718
Early neutral evaluation (ENE) is a process utilized at the pretrial stage of litigation to help parties hone in on the disputed issues in a lawsuit. Participants work with a “shared information base.” This focused sharing of information facilitates settlement before trial and can also streamline a case that goes to trial, saving money in either event. It helps litigants resolve disputes and helps the courts by having disputes resolved efficiently. ENE is particularly advantageous because the parties look at the issues early on even before the burdensome and costly discovery phase. It is nonbinding so there is no danger of losing your day in court. This volume explains what ENE is and its dispute resolution function. It also contains sample forms. Additionally, this title prepares the reader to work as a neutral evaluator which expands the dispute resolution options a practitioner can offer.
Business torts and unfair competition handbook
by Michael Ferrill — American Bar Association, 2014.
KF 3195 B88
Per the publisher, this new edition “revises, updates, and greatly expands the second edition to serve as a practical guide to the substantive and procedural issues that arise at the intersection of antitrust, business tort and unfair competition law.” The first half of the book examines substantive concepts such as the evolving role of business torts in antitrust litigation. The second half of the book is procedural, covering issues like jurisdiction, removal, and remand.
The rights of the accused under the Sixth Amendment : trials, presentation of evidence, and confrontation
by Paul Marcus — American Bar Association, 2012.
KF 9625 M37
Most people think of the right to counsel when thinking of constitutional protections. This American Bar Association publication provides a concise look at the lesser known, but equally vital protections provided by the Sixth Amendment. A chapter is devoted to each protection such as speedy trial, public trial, jury trial, place of prosecution, and the confrontation clause. Each chapter begins with a discussion of the historical development of the right and continues with the current law. Numerous references to cases provide avenues for further research.
Understanding the ADA
by William Goren — American Bar Association, 2013.
KF 480 G67
William Goren, an attorney with congenital hearing loss, felt compelled to write this book due to the absence of easy-to-understand guides to the Americans Disabilities Act, discussions of the ADA from the perspective of attorneys with disabilities, and discussions of preventative lawyering with respect to the ADA. Though the ADA is broad and comprehensive, this title summarizes it in a practical and straightforward manner. Specific cases are discussed in each chapter as illustrations. The final chapter contains checklists and forms for developing your ADA case.
Checklist for family survivors : a guide to practical and legal matters when someone you love dies
by Sally Hurme — American Bar Association, 2014.
KF 750 H87
Anyone who has lost a loved one knows how stressful figuring out what steps to take to organize the deceased’s affairs can be when added to the grief of the loss. This title by Sally Hurme is a compassionate and practical guide to what must be done when a loved one dies. While this book does not address probate, it covers other legal considerations such as organ donation, survivor’s benefits, and existing rental agreements. Families and professionals alike will appreciate the advice, organizational forms, and “to do” lists. Forms and checklists are also available on the accompanying CD-ROM, which can be requested from the reference desk.
Implementing institutional controls at brownfields and other contaminated sites
by Amy Edwards — American Bar Association, 2012.
KF 3946 I48
The second edition of this title provides an overview of institutional controls at contaminated sites and focuses on developments from the last 10 years to redevelopment issues of contaminated sites, especially brownfields. Part I provides an overview of institutional controls and looks at emerging tools—specifically, insurance, vapor intrusion, land use restrictions, and the costs of institutional controls. Part II looks at case studies in Mississippi, Texas, California, and New York. The third part discusses selected state laws, including Texas. Also available is a CD-ROM which can be requested from the reference desk.
How to examine mental health experts : a family lawyer's handbook of issues and strategies
by John Zervopoulos — American Bar Association, 2013.
KF 8965 Z474
This title presents 28 issues that may be used to examine mental health experts. These issues are presented under four main steps: determining if expert is qualified to testify, seeing if the expert’s methods are in line with professional standards of the field, making sure the expert’s conclusions are based in relevant fact, and comparing the expert’s conclusion to the conclusions of other experts in the field. For the each of the 28 issues presented you learn to spot, analyze, and address the issue.
Health and Health Care
Health care IT : the essential lawyer's guide to health care information technology and the law
by Arthur Peabody, Jr. — American Bar Association, 2013.
KF 3827 R4 H343
The American Recovery and Reinvestment Act of 2009 provides for “incentives for adoption and meaningful use of certified electronic health records (EHR) technology” (Pub. L. 111-5, §4101). This title is intended to provide an introduction to health care technology and the federal regulations surrounding EHR technology. Chapters look at EHR technology, licensing issues, regional extension centers and how small practices are implementing EHR technology, patient portals and personal health records, health information exchange, telemedicine, health care and social media, data encryption, data breach notification law, and more.
Texas insurance coverage litigation : the litigator's practice guide 2014
by Amy Stewart — Texas Law Press, 2013.
KFT 1164 S74
This title is a practical guide to third party liability policies and litigation associated with them, primarily from the perspective of policyholders. The book begins by describing typical policy language, then covers the liability of various parties. The second half of the book guides the practitioner through all steps of litigation from pretrial concerns to appellate procedures.
Judges and Judicial Conduct
The judicial role : statutory interpretation and the pragmatic judicial partner
by William Popkin — Carolina Academic Press, 2013.
KF 425 P669
Should judges be pragmatists, textualists, or intentionalists when judging? Popkin, a leading scholar in this much debated issue of statutory interpretation, makes his case for pragmatic judicial decision making. He describes this type of judging as “a creative act of judgment.” He provides a careful examination and analysis of the judge’s role in a democratic system. In his epilogue, he reflects on the growing mistrust of judges and how that may alter judicial decision making in the years to come.
Law and Economics
Changing Texas : implications of addressing or ignoring the Texas challenge
by Steve Murdock — Texas A&M University Press, 2014.
KFT 3720 T4 M868
This work analyzes demographic changes in Texas and forecasts the implications of those changes. The author explores how socioeconomic factors will affect areas such as education, healthcare, business, and unemployment. His analysis indicates that without substantial policy changes, the “Texas Challenge” will likely be an increase in poverty and a decrease in competitiveness. He hopes to demonstrate how analyzing demographic information can help leaders craft policies to tackle the state’s challenges in the future.
Law Practice Management
Of counsel: a guide for law firms and practitioners
by Jean Batman — American Bar Association, 2013.
KF 310 O34 W74
This text explores the relationship between firm and of counsel lawyers. It provides information on planning and drafting of counsel agreements and includes several examples of these agreements. It also reprints the text of several ABA formal opinions addressing of counsel relationships. Various types of of counsel relationships are discussed, along with conflicts of interest, advertising and solicitation, and legal malpractice. Checklists are provided at the end of each chapter.
The power of legal project management : a practical handbook
by Susan Lambreth — American Bar Association, 2014.
KF 318 L255
As many industries have embraced project management techniques to organize, streamline, and control their projects, this title makes the case that project management is also a valuable strategy for law firms and attorneys. Divided into four sections, the authors discuss benefits to legal project management (LPM), the implementation of LPM, and considerations for organizations and lawyers implementing LPM. Appendices contain case studies, templates, forms, and sample job descriptions. The companion CD-ROM can be requested from the reference desk.
Time and workplace management for lawyers
by Amy Jarmon — American Bar Association, 2013.
KF 315 J37
This book is aimed at both new and more experienced lawyers. It provide advice on how to be more productive. There is information on basic work and time management strategies, from the arrangement of your physical space to the creation of a master task list. This title also includes information for balancing your professional and home life, preventing burnout, lowering stress, and dealing with demands on your time.
Legal Research and Writing
Legal guide to botnet research
by Jody Westby — American Bar Association, 2013.
KF 1617 C65 W46
This guide describes the legal issues surrounding cybersecurity research on botnets (defined as “a network of infected computers typically used to commit cybercriminal activities”). While it focuses on U.S. law, some issues related to international law are also discussed. This title highlights how researchers have approached potential ethical issues. It provides a table of key legal authorities that commonly come into play, case studies, information on data gathered through interviews, and a description of other research that has been conducted. Also included is a botnet research legal template that may be used to guide cybersecurity researchers through consideration of any associated legal issues.
Physician law : evolving trends & hot topics 2013
by Wes Cleveland — American Bar Association, 2014.
KF 3821 P478
This book was developed from the American Bar Association Health Law Section’s 2013 Physicians Legal Issues Conference. It is aimed at physicians and provides helpful explanations of the legal challenges they may face. Chapters examine “entrepreneurial medicine,” which refers to federal fraud and abuse laws, issues surrounding contracts between physicians and hospitals, medical professional liability, social media and academic media centers, HIPAA, accountable care organizations, coordinating roles between medical staff attorneys and hospital attorneys, and physician well-being.
Miscellaneous Legal Topics
The little book of fitness law
by Cecil Kuhne — American Bar Association, 2014.
KF 2042 P49 K84
This title is divided into four sections that examine fitness-related lawsuits. The first section focuses on health clubs or gyms. Cases discussed include a suit dealing with a club’s duty to inspect equipment (specifically, a treadmill) after a runner sued after her foot became stuck to an “unknown substance” on a treadmill and she fell. The next section discusses running and cases look at issues such as runners and golf balls, as well as running and indecent exposure. Part three is entitled “Sports World” and looks at an injury sustained while retrieving a tennis ball, product liability and bicycles, and whether backyard basketball constitutes harassment. The final section looks at intellectual property—sport drinks and trademark infringement as well as swimsuits and antitrust claims.
Oil and Gas
Beyond the fracking wars : a guide for lawyers, public officials, planners, and citizens
by Erica Powers — American Bar Association, 2013.
KF 1849 A2 B49
Hydraulic fracturing, commonly known as “fracking,” is a very controversial topic, especially in Texas. This title from the American Bar Association Section of State and Local Government aims to provide lawyers, public officials, and citizens with a baseline understanding of fracking technology, oil and gas law, and various perspectives on the issue so that they can conduct further research. Written in accessible language, this is an excellent starting point for anyone curious about fracking.
Dragnet nation : a quest for privacy, security, and freedom in a world of relentless surveillance
by Julia Angwin — Times Books, 2014.
KF 1262 A54
The author begins the book with numerous examples of data that was collected without the knowledge of the individuals involved. She uses subsequent chapters to trace the development of tracking by government and commercial entities. She then chronicles her attempts to “opt out” in order to take charge of her privacy. She documents many conversations with data collectors and services that exist to enhance online privacy. Dragnet Nation is an interesting read and it encourages the reader to think about the trade off between privacy and connectivity.
Texas probate system
by James Brill — State Bar of Texas, 2014.
KFT 765 S7
Now in its fourth edition, Texas Probate System has been expanded to two volumes and centers on the Texas Estates Code, which superseded the Texas Probate Code on January 1, 2014. This title provides a thorough step-by-step overview of probate law from an initial consultation with a client to the estate closing by providing the necessary forms, letters, instructions, worksheets, and checklists, as well as a list of significant dates. These documents contain current, up-to-date citations to the Texas Estates Code. Also new in this edition is procedures for testate and intestate independent administration by agreement.
What judges want : a former judge's guide to success in court
by James Stanton — American Lawyer Media, 2014.
KF 8915 Z9 S717
As stated in the foreword by former Texas Supreme Court Justice Scott Brister, trial practice has changed greatly in the past 20 years with judges, rather than juries increasingly making both substantive and procedural decisions. The author of this title, a former Texas district judge, draws from his personal experience as both a lawyer and a judge to help other attorneys understand what judges want. The book is divided into two parts. The first discusses strategy and how one should “think, write, and argue.” The second looks at specific trial tactics and offers advice for both the movant and the respondent.
Ripped off! : a servicemember's guide to common scams, frauds, and bad deals
by Michael Archer — American Bar Association, 2014.
KF 1609 A77
The author of this title has over 20 years of legal experience with the Marine Corps. As he states in the foreword, he has seen members of the military routinely targeted in scams and various abusive commercial practices. He first looks at why troops might be targeted before going into detail on various abusive practices, such as payday and high-interest loans, life insurance sales, internet/telephone/mail scams, identity theft, student loans, and a handful of automobile-related scams or ripoffs. This is a great resource for anyone in the military or anyone who advocates for military members.
Wills, Trusts, and Estate Planning
The American Bar Association guide to wills & estates: everything you need to know about wills, estates, trusts, & taxes
by American Bar Association — Random House Reference, 2012.
KF 750 Z9 A47
The fourth edition of this title is written to help individuals make informed decisions about planning their estates. This new edition includes estate tax law updates, as well as issues surrounding digital assets, such as social media accounts. It is divided up into eight parts that focus on getting started, transferring property without a will, what to include in a will, trusts and living trusts, considerations for parents, taxes, advance directives and living wills, and plans to make now to help your survivors after your death. Appendices include an estate-planning checklist, a sample basic will, and a sample advance directive.