Duly Noted — February/March 2009
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.
Topics in this issue include…
Antitrust | Civil Rights | Construction Law | Consumer Protection | Courts | Criminal Law | Education | Elections & Campaign Finance | Family Law | Insurance | Judges and Judicial Conduct | Juvenile Law | Non-profits | Oil and Gas | Patient Rights | Prisoner Rights | Privacy | Real Property | Torts | Trial Practice
State antitrust enforcement handbook
by American Bar Association
— American Bar Association, 2008.
KF 1649.3 S72
This book focuses on how state attorneys general exercise their rights to investigate antitrust concerns and to secure remedies for antitrust violations. Chapters address specific aspects of how state attorneys general act, such as multistate investigations and litigation, state merger enforcement, state criminal enforcement, health care markets, confidentiality issues, and state settlements. AT
Federal civil rights acts
by Rodney A. Smolla
— Thomson West, 2011.
KF 4750 A5
The third edition of Rodney A. Smolla's "Federal civil rights acts" is an in-depth examination of laws and court decisions that have shaped the civil rights climate in America today. Covering everything from voting rights to equal pay to age discrimination, this volume is an excellent resource for those researching civil rights. Appendices contain the text of important civil rights legislation.
Design professional and construction manager law
by Stephen Hess
— American Bar Association, 2007.
KF 2925.3 D47
Covering a wide variety of topics concerning design work and construction management, this publication focuses on three basic concepts: state regulation of professionals, contractual responsibilities of these professionals, and potential liability in tort. The text follows the evolution of the fields and offers insight into both the similarities and differences between the fields that have developed.
Online consumers at risk and the role of State Attorneys General
by Reece Rushing
— Center for American Progress, 2008.
KF 1610 R87
This report looks at the types of consumer complaints for each state related to Internet crime and discusses the role of the state attorneys general in addressing these complaints. It offers some case examples where attorneys general combated online fraud and abuse. The authors offer several suggestions for attorneys general to protect online consumers. as
Available electronically: http://www.cdt.org/privacy/20080812_ag_consumer_risk.pdf
The nine : inside the secret world of the Supreme Court
by Jeffrey Toobin
— Knopf Doubleday Publishing Group, 2007.
KF 8748 T66
Based on exclusive interviews with the justices, Jeffrey Toobin brings his award winning journalistic skills to an intriguing topic-- the inner workings of United States Supreme Court. He focuses on the Justices who served together from 1994 through 2005, providing an interesting narrative on how politics shaped the nomination process and the court. He reveals the personalities on the bench and how these individuals worked together on the court. Toobin closes the book with a discussion on the "transition" of the court with the death of Justice Rehnquist and the retirement of Jusitce O'Connor.
Which states have the best (and worst) high courts?
by Stephen Choi
— University of Chicago School of Law, 2008.
KF 8736 C56
This paper ranks the high courts of the fifty states, based on their performance during the years 1998-2000, along three dimensions: opinion quality (or influence as measured by out-of-state citations), independence (or non-partisanship), and productivity (opinions written). The authors compared their approach and results with those of other scholars and the U.S. Chamber of Commerce, whose influential rankings are based on surveys of lawyers at large corporations. AT
Available electronically: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1130358
Task Force Report
by Task Force on Habeous Counsel Training & Qualifications
— State Bar of Texas, 2007.
KFT 9690 T38
The result of a task force appointed by State Bar President Martha Dickie, this report outlines recurring problems with capital habeas practice. In addition to discussing the problems in great detail and presenting recommendations to remedy them, the report acknowledges commendable actions of the Court of Criminal Appeals in habeas cases. This would be informative reading for anyone involved with criminal defense or capital habeas cases.
Available electronically: http://www.lrl.state.tx.us/scanned/archive/2007/3273.pdf
The law of higher education : a comprehensive guide to legal implications of administrative decision making
by William A. Kaplin
— Jossey-Bass, 2006.
KF 4225 K36
Kaplin's two-volume set aims to aid university attorneys, administrators, faculties and staff in evaluating the legal implications of seemingly common university issues. "Law of higher education" addresses such varied topics as personnel and trustees, faculty, the student-institution relationship, rights of students, and the institution-government relationship. This work is particularly informative given the large university presence in Austin.
Elections & Campaign Finance
Election controversies: the basics of election-related litigation.
by Election Law Program, a joint venture of the College of William and Mary School of Law and the National Center for State Courts
— National Center for State Courts, 2008.
2 DVD set.
VIDEO KF 4886 E45 2008
This two-DVD set is described as a "guide for judges, lawyers, journalists and others interested in our election process." Legal challenges to election results are increasingly common. Most of the litigation is being brought in state courts in front of judges who may not be experienced in this area of law. This presentation is designed to "provide practical assistance to those judges who are called upon to resolve these disputes." Additional information and an online Election Law Manual created by these collaborators is available on the website http://law.wm.edu/academics/intellectuallife/researchcenters/electionlaw/index.php
Election law primer for corporations
by Jan Baran
— American Bar Association, 2015.
KF 4886 B37
This book is an introduction to election law and a summary of its basic principles. It covers federal campaign finance law, the regulation of lobbying activities, ethics rules and tax laws. Some of the chapters included are political action committees, use of corporate facilities for political purposes, state and local elections and soft money and the federal election commission and enforcement. Included in its appendices are FEC forms, sample PAC articles of organization, and lobbying forms.
Implementing performance measures for children: a training aid
by National Center for State Courts, the ABA Center on Children and the Law and the National Council of Juvenile and family Court Judges
— National Consumer Law Center, 2007.
VIDEO KF 9323 I47 2007
The entities involved in making this DVD are working to improve the court's responses to the needs of children and their families who have come into the court system due to abuse or neglect. There is growing interest in this area as evidenced by the creation of the Permanent Judicial Commission for Children, Youth and Families by the Texas Supreme Court. Both continued research into best practices for family courts and the implementation of performance measures to ensure the goals are being met are needed to strengthen the court's goals of achieving the safey, permanency and well-being of children in the court system.
The Texas insurance law guide: basic solutions to contemporary liability insurance problems
by Randall L. Smith
— American Lawyer Media, 2008.
KFT 1164 S65
This book was primarily written to investigate the ramifications of the Supreme Court of Texas decision in State Farm Fire & Casualty v. Gandy in which the court invalidated certain types of settlements between insureds and tort plaintiffs as violations of public policy. In order to fairly treat the subject of sweetheart deals, the authors explore both Texas law and cases from other jurisdictions. AT
Judges and Judicial Conduct
New politics of judicial elections in the Great Lakes states, 2000-2008
by Justice at Stake Campaign
— Justice at Stake Campaign, 2008.
KF 8776 N49
The Justice at Stake website states "Judges must be free to decide cases fairly and impartially, relying only on the facts and the law. This means that judges are protected from political pressure, legislative pressure, special interest pressure, media pressure, public pressure, financial pressure, or even personal pressure." There is an increasing awareness that courts wield significant power in American life. Various factions want to elect judges they feel can be counted on to decide cases to further their agenda; however, money from special interests is pouring into judicial campaigns making these races increasingly political. The public perception is that judges are being bought by special interests and the public is often skeptical that a judge can remain impartial and the court system neutral. In this particular publication, Justice at Stake looks at 5 Midwestern states that have had elections to the state Supreme court which became expensive, politically charged "bloodbaths". This and other publications on this topic can be found at http://temp.justiceatstake.org.
Available electronically: http://www.justiceatstake.org/files/NPJEGreatLakes2000-2008.FINAL.pdf
Protecting Texas' most precious resource: a history of juvenile justice policy in Texas, Pts 1 and 2
by William Bush
— Texas Criminal Justice Coalition, 2009.
KFT 9779 T45
This two-part publication traces the history of what we now call the Texas Youth Commission. In doing so it also provides a rich history of the swings and twists in the philosophy of how the State should deal with delinquent youths. The recent scandals of Youth Commission are not new. In fact, the programs and facilities for incarcerated youth have progressed from neglect to scandal to reform since their inception in 1887. These publications provide a brief but comprehensive overview for anyone interested in juvenile law.
The nonprofit legal landscape
by Thomas Hyatt
— BoardSource, 2005.
KF 1388 N67
This publication serves as a useful reference tool for key laws and legal concepts for nonprofit directors and executives. It provides information on how to form a nonprofit corporation, tax considerations and the legal obligations of the board. Information is also provided on lobbying and electioneering, the basic concepts of intellectual property, employment law and employee benefits law. It also includes a tour of federal form 990 and schedule A, a glossary of terms, a sample whistleblower policy and suggested resources.
Oil and Gas
Oil and gas law and taxation
by Owen L. Anderson; Richard Hemingway
— Thomson West, 2004.
KF 1849 H44
This text presents a comprehensive treatment of the basic rules, principles, and issues related to oil and gas law. Some topics addressed are the definition of a mineral estate and how landowners acquire interests, conveyances, partition, and adverse possession of the mineral estate, trespass, surface and sub-surface, and third-party claims. This book also reviews the fundamentals of an oil and gas lease, and provides samples of basic forms. AT
Patient care decision-making : a legal guide for providers
by Claire Obade
— Thomson West, 1991-.
KF 3825 O2
This book combines general discussion, case law, and practical guidance to help health care clients achieve a balance between their responsibilities to the patient and the patient's individual rights. The author addresses issues such as consensual treatment, the right to refuse treatment, forced treatment of the mentally ill, organ donation, and privacy and confidentiality. as
Actual innocence: when justice goes wrong and how to make it right
by Jim Dwyer
— New American Library, 2003.
KF 9756 S34
Actual Innocence tells the real life stories of innocent men that were incarcerated in the United States. The authors look at the flaws in the criminal justice system that put the wrong people behind bars. They also discuss the positive impact DNA evidence has made to release these men from prison. as
Who's on first: challenges facing prosecutors and financial institutions in responding to identity theft
by Lisa Budzilowicz
— National District Attorneys Association, 2007.
KF 9365 B83
As the topic of identity theft becomes more pressing for consumers, it necessarily becomes more pressing for prosecutors. Budzilowicz's examination of the challenges prosecutors and district attorneys are encountering in identity theft cases offers an alternative perspective to the frustration that consumers feel with their personal identity theft problems. The report is concluded with a list of laws, agencies, task forces, and contact information for entities that can support financial institutions and prosecutors in cooperation to solve identity theft issues.
Available electronically: http://www.ndaa.org/pdf/pub_whos_on_first_07.pdf
Introduction to the law of real property
by Cornelius J. Moynihan
— Thomson West, 2005.
KF 570 M6
This casebook contains a good introduction to the law of real property including references to the historical development of property law. The author includes chapters on freehold and nonfreehold estates, future interests, common law methods of conveyancing, uses and effects of the statute of uses, and information on concurrent ownership. as
The Law of Torts
by Dan B. Dobbs
— Thomson West, 2011.
KF 1250 D59
This text is a "detailed and comprehensive treatment of basic rules, principles and issues relating to tort law." It seeks to pick up from where Prosser and Keeton left off, covering all of the same ground as well as new legal issues in tort law such as economic torts. Topics include defamation, privacy, misrepresentation and nondisclosure, wrongful death, the negligence cause of action, proximate cause, public entities and officers, and direct and intentional interference with property.
by Thomas Mauet
— Aspen, 2007.
KF 8915 M38
This book presents a method of trial preparation. It covers each phase of a jury trial and "discusses and gives examples of the basic technical courtroom skills that must be developed to present evidence and arguments persuasively to the jury." It presents examples of effective trial techniques mainly from personal injury and criminal trials. Some of the subjects covered are the trial process, the psychology of persuasion, jury selection, opening statements, direct examination, cross-examination and experts.