Duly Noted

Duly Noted — October/November 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.

Administrative Law


by William Funk — American Bar Association, 2008. 1172 pages.
KF 5406 A3

Federal Administrative Procedure Sourcebook provides access to and explanations of the key procedural laws and presidential directives that apply across-the-board to federal agencies. In addition to the primary sources, this volume includes pertinent legislative history, bibliographies of related sources, and the editors' commentary on each of the source documents. It also includes the Attorney General's Manual on the APA. The fourth edition includes new coverage on the E-Government Act of 2002, the Information Quality Act, important amendments to Executive Order 12,866 and the major December 2007 amendment to the Freedom of Information Act.

Adoption


by State Bar of Texas — South-Western, 2006. 1 volume.
KFT 505 F15

This handbook was designed to give family law clients a broad and general understanding of family law issues, with an emphasis on divorce. It includes answers to frequently asked questions, options when considering divorce, information on the divorce process and links to online resources.

Appellate Practice


by Paul Kinkelman — CQ Press, 2008. 791 pages.
REF KF 4550 F54

Finkelman and Urofsky's volume contains information on the importance and historical context of almost 1200 Supreme Court Decisions. The authors summarize the cases, provide references to other related cases, and suggest additional reading material for further understanding. In addition to the treatment of the cases themselves, the authors provide extensive historical material such as a table of membership changes in the court, a table of confirmed Supreme Court nominations by President, and pictures of the justices. Indexes by case name and by subject make this an extremely interesting and useful volume on the history of the United States Supreme Court.

Constitutional Law


by David J. Bodenhamer — Indiana University Press, 2008. 322 pages.
KF 4550 A2 B49

This book examines the contentious national debate about the nature and extent of our individual rights. Twelve distinguished scholars discuss topics such as church and state, right to bear arms, property rights, rights of the accused, equal protection, right to privacy, and affirmative action. Informed by a historical perspective, this book focuses on contemporary issues and has been revised and expanded to address the impact of the Rehnquist years.

by Paul Kinkelman — CQ Press, 2008. 791 pages.
REF KF 4550 F54

Finkelman and Urofsky's volume contains information on the importance and historical context of almost 1200 Supreme Court Decisions. The authors summarize the cases, provide references to other related cases, and suggest additional reading material for further understanding. In addition to the treatment of the cases themselves, the authors provide extensive historical material such as a table of membership changes in the court, a table of confirmed Supreme Court nominations by President, and pictures of the justices. Indexes by case name and by subject make this an extremely interesting and useful volume on the history of the United States Supreme Court.

Courts


by William Popkin — Duke University Press, 1999. 340.
KF 425 P67

Judicial interpretation of statutes and legislative intent is and has always been a contentious issue in this country. Popkin begins by providing the historical perspective that gives rise to current thinking on statutory interpretation. He then explains "ordinary judging", his theory that asks the judge to use modest judicial discretion to assist the legislature in implementing good government. Popkin demonstrates how judges who strive to be conscientious in interpreting the law are often hampered by the lack of both a framework in which to fit their approach and a well-understood common vocabulary to explain what they do. Statutes in Court is intended to fill that gap.

by Einer Elhauge — Harvard University Press, 2008. 386 pages.
KF 425 E44

Judges must often interpret unclear wording in the cases presented to them; however, there is not always a consensus on how to determine the meaning of statute. In the case of an unclear contract clause, there are "default rules" that can be applied. The author explores the possibility that such default rules could be developed and used for statutory interpretation as well.

Criminal Law


by Frank Baumgartner — Cambridge University Press, 2008. 292 pages.
KF 9227 C2 B38

Ths work is a compelling look at the death penalty, its (often flawed) implementation in the United States, and the shift in political and public support away from the policy. Chapter 3, documenting the innocence phenomenon, is fascinating and often heartbreaking as it lists the developments in death penalty investigations, convictions, executions, and exonerations. Personal touches are added by anecdotes and photographs of those wrongfully placed on death row.

Elder Law


by Molly Dear Abshire — Thomson West, 2009. 480 pages.
KFT 209 T4 V.51

Texas Elder Law is the newest addition to Thomson West's Texas Practice Series. The authors are practicing Texas lawyers specializing in elder law. Medicare and Medicaid legislation is the cornerstone of the elder law practice. The authors cover these topics in depth, including the specifics of the Texas Medicaid system and its estate recovery provisions. Other areas included in this publication are advance directives, estate planning, guarding the client against physical and financial abuse, housing concerns and long term care issues. The volume will be updated and re-issued annually.

Evidence


by Justice Project — Justice Project (Washington, D.C.), 2008. 27 pages.
KF 8964 J87

This title suggests ways to improve the use of forensic science in criminal investigations by considering solutions to current problems, describing the legal landscape surrounding the use of forensic science and citing several examples where misleading forensic evidence lead to wrongful convictions. The policy review also includes model policy for forensics laboratories and a list of suggested readings.

Available electronically: http://www.thejusticeproject.org/wp-content/uploads/forensics-fin.pdf

Family Law


by State Bar of Texas — South-Western, 2006. 1 volume.
KFT 505 F15

This handbook was designed to give family law clients a broad and general understanding of family law issues, with an emphasis on divorce. It includes answers to frequently asked questions, options when considering divorce, information on the divorce process and links to online resources.

Health and Health Care


by Shafeek Sanbar — Elsevier, 2007. 748 pages.
KF 3821 L44

This text explores and illustrates the legal implications of medical practice and the special legal issues arising from managed care. Edited by the American College of Legal Medicine Textbook Committee, it features comprehensive discussions on a myriad of legal issues that health care professionals face every day. Topics include medical licensure, business aspects, medicolegal and ethical concerns, medical liability, care of special patients, forensic science, public health, and international issues.

by Fay Rozovsky — Aspen, 2015. 1 volume.
KF 3827 I5 R68

This book contains an analysis of case law, legislation and regulatory law as it relates to consent to treatment. It includes chapters on the rules for consent, exceptions to the rules, reproductive matters, the right to refuse treatment, documentation of consent, and information for special populations such as prisoners, minors, and the elderly.

Immigration


by Margaret C. Jasper — Oceana, 2008. 386 pages.
KF 4819.3 J37 2008

This title provides a history of immigration in the United States, including recent changes to immigration legislation and the restructuring of immigration-related agencies. It also explores the rights and obligations of aliens, the process of becoming a citizen through naturalization and "the role and responsibility of the U.S. Customs and Border Protection in protecting the U.S. borders from illegal immigration, drug smuggling and terrorist infiltration."

Intellectual Property


by Benjamin Duranske — American Bar Association, 2008. 461 pages.
KF 390.5 C6 D87

Virtual Law examines cases and legislation that impact providers and users of virtual worlds, addressing the applications of Intellectual property law, criminal law, property law, contract law, securities law, tax law, and civil procedure. The author also discusses how to create your own presence inside virtual worlds.

Labor and Employment


by Mark Lies — American Bar Association, 2008. 381 pages.
KF 3319 L57

A guide for addressing workplace violence concerns on behalf of employers and clients, this book provides information on forms workplace violence can take, the psychological factors that may cause workplace violence, and legal issues such as employer liability. The authors examine tools available to avert or reduce the likelihood of workplace violence and discuss proactive planning ideas such as conducting background checks on employees and implementing an employee assistance program.

Legal Research and Writing


by Wayne Schiess — American Bar Association, 2008. 127 pages.
KF 250 S34

Communication of legal rights and responsibilities is the fundamental goal of legal writing. However, too often consumers and clients are presented with legal documents they cannot understand. Schiess instructs legal drafters how to write for a nonlegal audience, assuring writers that complex legal information can be conveyed without sacrificing accuracy. He offers tips on choice of language and format as well as examples of poor writing and common errors.

by William Drennan — American Bar Association, 2008. 109 pages.
KF 156 D74 2008

Aimed at the lawyer looking to spice up his courtroom dialogue, William Drennan's Lay Words for Lawyers provides a listing of key phrases intended to resonate with listeners. Most phrases included are cultural, including references to pop songs and historical figures. Divided into categories (four generational, four categorical), Drennan identifies the ideal age range for the reference and provides a brief explanation, the situation in which it is best used, and a sample bit of dialogue in which the reference is being used. Use this work with caution, as the pop-culture references especially can be a little obscure.

Medical Ethics


by Fay Rozovsky — Aspen, 2015. 1 volume.
KF 3827 I5 R68

This book contains an analysis of case law, legislation and regulatory law as it relates to consent to treatment. It includes chapters on the rules for consent, exceptions to the rules, reproductive matters, the right to refuse treatment, documentation of consent, and information for special populations such as prisoners, minors, and the elderly.

Patient Rights


by Fay Rozovsky — Aspen, 2015. 1 volume.
KF 3827 I5 R68

This book contains an analysis of case law, legislation and regulatory law as it relates to consent to treatment. It includes chapters on the rules for consent, exceptions to the rules, reproductive matters, the right to refuse treatment, documentation of consent, and information for special populations such as prisoners, minors, and the elderly.

Privacy


by Martin Kuhn — LFB Scholarly Publishing LLC, 2007. 223 pages.
KF 1263 C65 K84

Modern computers can receive, store and manipulate a massive amount of data on consumers which can be used to target individuals who may be interested in consumer products or services. The law enforcement community is also interested in this same data. Sophisticated programming, known as "knowledge discovery in databases" (KDD) is employed to sift through these "digital dossiers" and look for patterns of behavior that fit the profile of an individual planning terrorist activity. The author posits that rights to personal information privacy are in conflict with the intelligence community's belief that this data mining is the best tool available protect the public by identifying possible terrorists. Kuhn discusses the current "conceptualizations" of privacy and proposes a synthesis that will protect individual privacy interests in personal information.

by Lawrence Meir Friedman — Stanford University Press, 2007. 348 pages.
KF 1262 F75

This title examines the connections between the law, reputation, and propriety in the United States and how these concepts have changed since 19th century. The book notes what defines good behavior and good reputation and then discusses how the law acts to protect people and their reputations. Topics include libel, privacy, and blackmail.

Veterans


by Cynthia Hackerott — Commerce Clearing House, 2003. 231 pages.
KF 7270 H3

Especially relevant at this point in our country's history, When Duty Calls provides an in-depth overview and analysis of the issues facing servicemen and women when they take military leave. The Uniformed Services Employment and Reemployment Rights Act of 1994 is explained and organized into topics such as reemployment rights, benefits, and protection from retaliation and discrimination. Hackerott inlcudes throughout the text helpful examples and references to online resources. This book also contains a listing of state laws regarding members of the military. Statute citations are followed by summaries of the state laws.

Workers Compensation


by Margaret C. Jasper — Oceana, 2008. 269 pages.
KF 3615 Z9 J37 2008

Provides a general discussion of a workers' compensation system. This includes an overview of the Federal Workers' Compensation Program, the Longshore and Harbor Workers' Compensation Program, the Black Lung Benefits Program and the Energy Employees' Occupational Illness Compensation Program. There is also an appendix which provides sample forms, statutes and other important information and data.

by Gary Wickert — Juris, 2007. 1270 pages.
KF 3623 S8 W53 2007

A thorough primer on workers' compensation subrogation, this book contains a detailed synopsis of the relevant laws in each of the 50 states, complete with tables and footnotes. Topics which recieve detailed treatment include statutory subrogation rights, third parties, allocation of third party recovery, attorneys fees and costs, workers' compensation authority within that state, and statutes of limitations.

page last updated: 23 May 2018 9:25 PM