Duly Noted

Duly Noted — December/January 2009

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.

Alternative Dispute Resolution


by Gary Friedman — American Bar Association, 2008. 305 pages.
KF 9084 H56

"Challenging conflict" presents a unique and sensitive approach to conflict mediation. The authors urge mediators to strive for understanding of the best interests of both parties so that as a group they can work towards the optimal solution. The book provides techniques and methods for moving past traditional stumbling blocks in conflict situations with the goal of promoting more harmonious and advantageous negotiations.

Appellate Practice


by Daniel Meador — Lexis Nexis Matthew Bender, 2006. 1 volume.
KF 8750 M43

This is a casebook designed for use as a teaching tool. A study of the appellate courts and the appellate process, it presents an overview of the appellate courts and their work, jurisdiction and procedure. This book also explores the impact of the rise in the volume of appeals on the courts and their response to this increase. Additionally, it presents information about the appellate judges, "including who they are and how they come to the bench."

Biotechnology


by Ron C. Michaelis — Elsevier, 2008. 429 pages.
KF 9666.5 M53

An extensive scientific guide to DNA typing and analysis aimed at the legal professional, "A litigator's guide to DNA" carefully examines DNA evidence in both scientific and legal terms. The majority of the book is aimed at understanding the methodology and analysis of DNA evidence, but ample text is devoted to creating sound legal arguments based on it.

Constitutional Law


by Erwin Chemerinsky — Wolters Kluwer, 2011. 1401 pages.
KF 4549 C44

Courts


by Lawrence Baum — CQ Press, 2007. 255 pages.
KF 8742 B3

In this book the author describes how the Supreme Court has evolved over the years. He covers the appointments of two new justices and the possible effects of the shift from the Rehnquist Court to the Roberts Court. The book looks at the implications from the recent major decisions and attempts to explain the actions and behavior of the justices.

by Jessie Allen — Brennan Center for Justice, 2005. 27 pages.
KF 250 A45

In many courts, no-citation rules bar discussion of most of the judges' recent routine decisions. Allen argues that such bans may have been legitimate at one point, but that the current environment of searchable databases renders no-citation rules outdated and possibly unconstitutional. This publication offers a critical analysis of no-citation rules currently in effect in several federal circuits and in many state courts. It also provides both constitutional and policy arguments for why the U.S. Judicial Conference should adopt proposed Federal Rule of Appellate Procedure 32.1, mandating open citation. AT

Available electronically: http://brennan.3cdn.net/656114433a58ac72a5_xbm6ivzii.pdf

by Ronald Benton Brown — National Institute for Trial Advocacy, 2002. 178.
KF 425 B76 2002

This handbook was written to provide judges, lawyers and law students with the tools to understand methods for statutory interpretation, by providing different approaches to the interpretation of legislative intent. It discusses plain meaning, purpose, strict versus liberal construction, remedial statutes and dynamic interpretation, to name a few. There are also a chapters on linguistic canons, canons based on the normal legislative process, canons based on the substance of the law and using what happened before, during and after enactment in the interpretation process. Additionally, the handbook provides a list of research sources for statutory interpretation.

by Christian Mammen — Wolters Kluwer, 2002. 199.
KF 425 M36

This book examines the U.S. Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes those issues in light of the arguments of several leading theorists. Rather than basing an argument for using legislative history on legislative intention, Mammen argues that legislative history conveys a certain degree of expertise and provides certain contextual information about the subject matter of the statute. This approach--justifying the Court's discretionary use of legislative history without reference to legislative intention--accounts for and undermines most of the major objections to using legislative history, such as objections based on the theoretical problems surrounding legislative intentions, objections based on the perceived unconstitutionality of relying on legislative history, and objections based on its frequent inutility. AT

Criminal Law


by Margaret Jasper — Oceana, 2008. 174 pages.
KF 9227 C2 J37

This book offers a history and overview of capital punishment in the United States, including its abolition in 1972, and subsequent reappearance in 1976. It discusses which crimes mandate capital punishment, both at a state and federal level and also examines the statistical application of the death penalty according to characteristics such as age, gender and race.

Criminal Procedure


by Brennan Center for Justice — Brennan Center for Justice, 2008. 39 pages.
KF 9646 E45

Although the Supreme Court has stated that there is a constitutional right to appointed counsel for indigent individuals accused of a crime, there is no consensus on the application of this right. In many places, the accused must force himself and his family into destitution to qualify for counsel. In other areas access to free cousel is perhaps too easily obtained. In this paper, the Brennan Center for Justice provides an "easy-to-follow blueprint for creating a screening process that; 1) complies with the Sixth Amendment to the U.S Constitution, as interpreted by Gideon and its progeny; 2) can be adapted to different jurisdictions with their particular needs and resources; and 3) conserves taxpayer dollars."

Discovery


by Ralph C. Losey — American Bar Association, 2008. 315 pages.
KF 8902 E42

With the majority of corporate communication and documentation moving towards electronic transmission and storage, a litigator must be prepared to undertake electronic discovery efforts. Ralph C. Losey, author of a popular blog on e-Discovery, discusses current e-discovery processes, rules, cases, and tactics for successful discovery.

Evidence


by Ron C. Michaelis — Elsevier, 2008. 429 pages.
KF 9666.5 M53

An extensive scientific guide to DNA typing and analysis aimed at the legal professional, "A litigator's guide to DNA" carefully examines DNA evidence in both scientific and legal terms. The majority of the book is aimed at understanding the methodology and analysis of DNA evidence, but ample text is devoted to creating sound legal arguments based on it.

by George Paul — American Bar Association, 2008. 450 pages.
KF 9650 P385

This book provides a primer on the shift from physical evidence to items that only exist electronically. The author examines how courts have had to adjust the legal record to reflect an understanding of the digital realm, including concerns of authenticity, data storage and access. The author includes explanations of technologies such as encryption, time stamps and authenticity processes.

Judges and Judicial Conduct


by Cecil Kuhne — American Bar Association, 2008. 197 pages.
KF 380 K84

This book distills the advice of judges to practitioners appearing in their courtrooms by looking at what judges like and do not like. The author provides practical advice on case management, all phases of trial, and appeals. He also explains the judicial role and suggests tips for dealing with a difficult judge.

by Stephen Choi — University of Chicago School of Law, 2007. 98 pages.
KF 8776 C56

This working paper is a scientific study of the widely held belief that appointed judges are "better" than elected judges. The authors examine a dataset of state high court opinions measuring judicial effort, skill and independence. Contrary to their assumption, the study finds no significant evidence that appointed judges are more hard-working, skilled or independent that their elected bretheren. The authors conclude that their findings warrant further research into the assumptions regarding judicial selection. lpf

Available electronically: https://www.law.uchicago.edu/files/357.pdf

Juries and Jury Instructions


by Ronald Eades — Lexis Nexis Matthew Bender, 2006. 1 volume..
KF 8984 E162

This updated volume explains the products liability issues likely to arise in a trial in everyday language for the layperson. Each instruction has been actually used successfully in court and cites supporting case law, including relevant law review articles and annotations to American Law Reports. Some concepts discussed include duty to warn, strict products liability, unavoidably unsafe products, warranty liability and misrepresentation, design defect liability, risk-utility doctrines, and assumption of risk. AT

Juvenile Law


by Task Force on Indigent Defense — Texas Task Force on Indigent Defense, 2007. 14 pages.
KFT 9779 I54

This report explains the Fair Defense Act, which establishes that every juvenile board in Texas must provide a plan for the appointment of defense counsel for indigent juveniles. Information is provided for juveniles, their families, attorneys, counties and juvenile boards. Some of the questions addressed are: Who has the right to an attorney, how does the court decide who cannot afford an attorney, who can serve as appointed counsel, and what should be included in a county's indigent defense plan. The report also lists other relevant juvenile board statutes.

by Mark Soler — Lexis Nexis Matthew Bender, 1987. 2 volumes.
KF 9779 R46

This is a practice manual for the attorney who represents children and youth. It covers such topics as institutional liability, legal rights of children in institutions, legal status of minors, representing children in dependency and juvenile justice proceedings, children as witnesses, school discipline, representing children in school related matters, health care for low income children and practical considerations in representing children. It includes sample forms, interview checklists, a table of cases and a table of statutes.

Legal Ethics


by Patricia E. Salkin — American Bar Association, 2008. 1 volume.
KF 299 G6 E87

Governmental officials are held to high ethical standards. Egregious betrayals of the public trust make great headlines and raise suspicions about the ethical standards of all governmental entities and officials. Government lawyers have the responsibility to uphold the ethical standards of the legal profession. Additionally, they must be aware of and follow the laws and regulations governing them as public sector employees. This volume consists of articles written by experts in the complexities of public sector ethics. lpf

by Texas Young Lawyers Association — State Bar of Texas, 2007. 1 volume.
KFT 308 S8

Now in its 4th edition, this volume covers legal ethics and standards applicable to the practice of law in Texas. It provides the text of various professional rules including the Texas Disciplinary Rules of Professional Conduct and Rules of Disciplinary Procedure. In addtion to the text of the rules, William J. Chriss and John F. Sutton. Jr. have written a chapter explaining the development of the rules and commentary on their application. The authors have also included indexed and summarized opinions of the Texas State Bar Committee on Professional Ethics.

by Vincent S. Walkowiak — American Bar Association, 2008. 729.
KF 8959 A7 A93 2008

This new edition is written for practitioners wishing to find information regarding confidential communication. It explores topics such as the work product for discovery and corporate communications as well as the application of attorney-client privilege during internal investigations. It also discusses the loss of attorney-client privilege through inadvertent disclosure of privileged documents.

Legal Research and Writing


by Stephen V. Armstrong — Practising Law Institute, 2003. 415 pages.
KF 250 A76 2003

Stephen V. Armstrong and Timothy P. Terrell's guide to effective writing and editing is an informative and practical handbook for all legal professionals from lawyers to law students. "Thinking like a writer" offers valuable pointers to improve clarity, precision, organization, and impact in legal writing. The authors present numerous examples of writing before and after revision using their principles to illustrate the effectiveness of their techniques.

by Eric Drogin — American Bar Association, 2008. 347 pages.
KF 8961 D76

According to the preface, "This is the book to consult when the realization dawns that it is now time to represent a scientist, consult a scientist, or for some other reason absorb a basic working knowledge of a particular applied scientific discipline." The text covers 13 scientific disciplines. The reader can obtain an overview of the field, what a researcher or practitioner in that area of study might do and what standards or ethical codes govern professionals working in the field. By reading the coverage on a topic, a lawyer can become conversant with the major personalities and important studies in a discipline. Additionally, the ways science could come into play in a legal situation are presented. Each topic concludes with references for additional information. lpf

Veterans


by Peter S. Gaytan — Kensington Publishing, 2008. 480 pages.
KF 7701 G39

Peter Gaytan and Marian Edelman Borden's book on veteran benefits outlines benefits available to veterans and important information about the procedures to acquire them. Chapters are divided into short sections with bolded subject headings, with insets of important information. The majority of the book consists of the apendices, which contain helpful information such as a full list of VA forms, details on Veterans Affairs Medical Centers, and contact information for different organizations, agenices and centers that exist to support veterans.

page last updated: 25 Feb 2013 10:49 AM