Duly Noted

Duly Noted — April/May 2008

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, please contact us. 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 Texas 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.

Admiralty and Maritime Law

by Frank Maraist — Thomson West, 2010. 414 pages.
KF 1105 M3

This text covers maritime jurisdiction as well as substantive maritime law. It explores maritime property liens and seaman employment issues such as wages, injury claims, and wrongful death. It also addresses topics such as salvage, carriage of goods, maritime liens and tort law.


by Gotshal & Manges Weil — American Bar Association, 2006. 2 volumes.
KF 1544 R463

This revised edition is updated with coverage of the restructuring process as it is practiced today under the bankruptcy code. It contains explanations of the relevant laws, customs, and techniques that are central to restructurings. These two volumes address how the new Code interacts with other legal disciplines such as the federal securities laws, finance, intellectual property laws, antitrust tax laws, and environmental laws. It is written for professionals who engage in restructurings including corporate lawyers and litigators, executives, bankers and accountants.

Civil Rights

by Michael E. Tigar — American Bar Association, 2007. 221 pages.
KF 9430 T54

Michael E. Tigar contributes his thoughts on the post 9/11 debate over whether the civil liberties guaranteed by the United States Constitution and our laws should be curtailed to allow the State more latitude in the ?fight against terrorism. Fear of possible threats encourage some to be willing to compromise on constitutional protections of civil liberties. By providing example of government?s responses to terrorist threats though out history, he states ?I hope do draw out definitions of terrorism that make sense and to describe ways of dealing with terrorism that are likely to succeed and that are unlikely to provoke results worse than the evil they confront.?

Class Actions

by Robert Klonoff — Thomson West, 2012. 1 volume.

This book covers the Class Action Fairness Act of 2005 and the 2003 amendments to Rule 23 of the Federal Rule of Civil Procedure. It looks at topics related to class action law and practice such as requirements for class certification, class action discovery, the Seventh Amendment and due process issues, class settlements, and ethical and policy issues.

Constitutional Law

by Kathleen Ruane — Congressional Research Service, 2007. 17 pages.
KF 6773 R78

This paper provides a very broad overview of threatening symbolic speech and how this topic is dealt with in statutes across the United States. The discussion of how the speech prohibited by these laws falls under the protection of First Amendment is an excellent starting place for research on the topic.

Available electronically: http://fas.org/sgp/crs/misc/RL34200.pdf

Eminent Domain

by Carla Main — Encounter Books, 2007. 304 pages.
KF 5599 M35

Eminent domain entered the awareness of many Americans with the U.S. Supreme Court case, Kelo v. New London, in which the Court majority said that a local government may transfer property from one private party to another under the "public use" clause of the Constitution, for the sake of economic development. Carla T. Main who in the past, as a lawyer, has represented the condemning authorities in eminent domain cases examines how property rights in America have changed, tracing the history of eminent domain from the Revolutionary War to the Kelo case. However, the focus of the book is how eminent domain has affected an American family and the small-town community where they have lived and worked for decades. In the 1940s, Pappy and Isabel Gore established a shrimp processing plant called Western Seafood in Freeport, Texas which thrived for three generations. As conditions in the Freeport economy worsened, city officials decided to build a private yacht marina on the Old Brazos River and would employ eminent domain to seize waterfront property from the Gores. Bulldozed recounts the Gores' fight with city hall, and at the same time ponders larger questions of what property rights mean for the individual today.


by Jeffrey E. Thomas — Lexis Nexis Matthew Bender, 2007. 4 volumes.
KF 1164 A765

The New Appleman insurance law practice guide steers the legal professional through the analysis and evaluation of many complex issues inherent to the practice of insurance law. Points to consider, important strategic points, or potential pitfalls are presented throughout the text, as well as sample forms and instructions for their use. Also helpful are instructions on searching for salient information on Lexis.com.

Judges and Judicial Conduct

by William Popkin — New York University Press, 2007. 301 pages.
KF 8990 P67

Extensively researched book on the history of judicial opinion in the United States. Popkin?s work traces the evolution of judicial opinion from the traditional common law system in England through the founding of the United States up to the development of the institutional and individual styles commonly seen in the 19th century and today. An examination of statutes regarding judicial reporting on a state-by-state basis narrows the focus of his analysis, allowing for a more specific and detailed view of the overall picture presented.

Labor and Employment

by Barry Nadell — Barry J. Nadell, 2004. 173 pages.
KF 3457 N33

Sleuthing 101 provides information to conduct any type of background check. The author discusses steps that employers and pre-employment screeners can use to select the best candidate. This manual covers the federal and state laws surrounding background checks, workplace investigations, drug testing , credit checks, and also provides guidance as to what information is available about a candidate.

by Brooks Magratten — American Bar Association, 2007. 456 pages.
KF 3512 E72

Newly revised and updated new edition designed to acquiant a practitioner with the ERISA law of a particular circuit. A project of the ABA Health and Disability Insurance Law Committee, the book addresses issues that frequently arise in the prosecution and defense of claims for ERISA-regulated benefits including preemption, administrative remedies, standard of review, discovery, and evidence.

Law Practice Management

by Leonard D. DuBoff — Sphinx Publishing, 2006. 284 pages.
KF 2042 D83

Leonard DuBoff's guide to the legal aspects of the food industry provides clear information on developing a restaurant business, aimed at the non-lawyer. Its scope is excellent in that it not only addresses the most evident legal issues pertaining to restaurants, such as developing business plans, protecting recipes, employment law, etc, but also related topics such as taxes, trademarks, copyright, and warranties. An extensive glossary and index offer increased access points to information.

Legal Ethics

by American Bar Association Standing Committee on Professional Discipline — American Bar Association, 2007. 72 pages.
KF 308 A55

Over a period of many years the American Bar Association has worked on the development of model rules for the regulation of lawyers and the legal profession. Model Rules of Disciplinary Enforcement to create a ?best practices? guide for procedures to hold lawyers accountable to the legal and ethical standards of the legal profession.

Legal Research and Writing

by Bryan A. Garner — Oxford University Press, 2001. 951 pages.
REF DESK KF 156 G38 2001

This revised edition of the dictionary contains the following new material. - every existing entry has been updated - adds hundreds of new entries - adds hundreds of new sections within existing entries - adds over 3,000 new illustrative quotations from judicial opinions and leading law books by prominent legal commentators - Reconsiders previously held positions, now saying, for example, that contractions are sometimes permissible in legal writing - Takes into account numerous comments received from first edition users - Expands and updates cross-references to guide readers quickly and easily This new second edition also has the following features -Functions both as a style guide and as a law dictionary -Guides writers to distinguish between true terms of law and jargon -Illustrates recommended forms of expression as well as common blunders with thousands of quotations and citations -Explains the origins of expressions lawyers regularly use, such as "Know all men by these presents", or "party of the first part" -Records and evaluates more than 100 twentieth-century neologisms, from "conclusory" to "farminor" -Distinguishes American from British usage and refers to current practice among Australian, Canadian, and Scottish legal writers

by Leonard D. DuBoff — Sphinx Publishing, 2005. 280 pages.
KF 390 D83 2005

This book is intended for the freelance writer for times that require knowledge of the law. It looks at the business side of writing and the legal issues facing a writer. It covers such topics as the freedom to write, privacy, defamation, negligence, copyright and access to information. It also looks into the writer?s relationships with publishers, literary agents and the contracts that define these relationships. It concludes with a discussion on types of businesses, tax information, wills and estates and dispute resolution. It includes an appendix of Internet resources and glossary of terms.

by Bryan A. Garner — Thomson West, 2006. 510 pages.
REF DESK KF 250 G37 2006

This style manual focuses on the needs of legal writers. It covers the mechanics (punctuation, capitalization, document design, numbers, citations, etc.), grammar, usage and editing of legal writing. It also provides instruction on preparing legal documents, including case briefs, opinion letters, pleadings, motions and contracts. This edition includes a new detailed table of contents and is illustrated with sample documents. It was designed for paralegals, legal secretaries, law students, law professors, practicing lawyers and judges.

by Steven D. Stark — Main Street Books, 1999. 283 pages.
KF 250 S8 1999

"Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life writing--as well as models drawn from advertising, journalism, and fiction. It deals with the problems lawyers face in writing, from organization to strengthening and editing prose; teaches ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their practice, from memos and letters to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference. ?And the author elaborates on each rule in every chapter with some discussion and examples to reinforce these rules. There is also a handy list of the ?Thirteen Rules of Professionalism in Legal Writing? in the appendix.

by William C. Burton — McGraw-Hill, 2007. 1063 pages.
REF DESK KF 156 B85 2007

This fourth edition is updated with new and contemporary words, including words and phrases commonly used in the legal profession, but left out of previous editions. This includes 8,000 terms, synonyms, definitions and parts of speech, over 1000 of which are new entries. The work is compiled as a reference for judges, lawyers and students of the law. This new format is user-friendly with thorough cross-referencing.

by Stephen Elias — Nolo Press, 2015. 363 pages.
KF 240 E35

This is a good resource for anyone who finds themselves in need of a primer on legal research. It provides an overview of both legal research and the law in plain English. Readers learn how to perform research in a law library and online with summaries and examples, which include how to read and understand statutes, regulations and cases, and how to use the basic tools of legal research. Readers are also provided with exercises to reinforce the basic skills needed to navigate through online and print resources.

Medical Records

by Stephen Wu — American Bar Association, 2007. 324 pages.
KF 3827 R4 G85

The Health Insurance Portability and Accountability Act (HIPAA) required the promulgation of federal standards for privacy and security of "protected health information". This publication focuses on the federal regulations relating to security of protected health information in electronic format. The regulations seek to create systems that allow for ease of data sharing, while simultaneously establish safeguards against unauthorized access. Lawyers can use this guide to gain an understanding to technological issues related to information security. It will provide guidance in the creation of policies and procedures that comply with the rules and protect clients from costly data security breaches.

Public Information and Records

by Martha Chumbler — American Bar Association, 2007. 218 pages.
KF 5753 A94

?Access to Government in the Computer Age? examines public records laws enacted in the mid- to late- 20th century and how they have been interpreted since computers became an integral part of day-to-day life. The extensive appendices contain state-by-state comparisons of public records statutes, a list of cases pertinent to the development of each state?s public records case law, as well as a list of supplemental materials helpful to a study of public records law.

Real Property

by Grant Nelson — Thomson West, 2014. 2 volumes.
KF 695 O8

This 2 volume set is part of the Thomson/West Practitioner Treatise Series. The 5th edition covers the traditional elements of real estate financing and has been updated to include the many new developments in mortgage lending. Other new developments covered include the impact 2 recent uniform laws developed by the National Conference of Commissioners on Uniform State Laws; the 2002 Uniform Foreclosure Act and the 2002 Uniform Assignment of Rents Act. Additionally, the impact mortgage lending community by the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 are discussed.


by Cynthia M. Brougher — Congressional Research Service, 2007. 17 pages.
KF 4865 B75

"This survey of Supreme Court opinions illustrates the challenges the court faces in religion cases arising under the First Amendment. This report explains the holdings of each of the Court's church-state cases since 2002, and also explains the position of Justices who concurred in the judgments or dissented in each case. "

Available electronically: http://assets.opencrs.com/rpts/RL34223_20071030.pdf

by Thomas C. Berg — Thomson West, 2004. 312 pages.
KF 4865 B47

This title discusses the attention the Supreme Court has given to religious-freedom issues under the First Amendment over the last 15 years. The text covers the issue of separation of church and state, equality of treatment and religious liberty. It also provides a historical perspective to the interactions of the Establishment Clause and the Free Exercise Clause.

Retirement and Pensions

by Brooks Magratten — American Bar Association, 2007. 456 pages.
KF 3512 E72

Newly revised and updated new edition designed to acquiant a practitioner with the ERISA law of a particular circuit. A project of the ABA Health and Disability Insurance Law Committee, the book addresses issues that frequently arise in the prosecution and defense of claims for ERISA-regulated benefits including preemption, administrative remedies, standard of review, discovery, and evidence.

Trial Practice

by Terence MacCarthy — American Bar Association, 2007. 221 pages.
KF 8920 M33

Terence MacCarthy is well known for his CLE lectures on cross-examination skills. In his experience, cross-examination is the most challenging area for trial lawyers. Lawyers adept at crafting strong, persuasive opening and closing arguments, often find themselves losing ground during cross-examinations. Using actual cases the author seeks to demonstrate techniques the lawyer can use to manage the witness during cross-examination without appearing ?controlling, extracting or insulting?. The three key strategies to employ are to ?look good, tell a story, and use short statements?.

page last updated: 23 May 2018 9:25 PM