Duly Noted

Duly Noted — August/September 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 State Bar of Texas — State Bar of Texas, 2009. 1 volume.
KFT 505 C73

The articles in this book were prepared for the two day seminar Collaborative Law Course sponsored by the State Bar of Texas. Topics covered during the seminar include the Texas statute and the new Uniform Collaborative Law Act, client behavior, negotiation techniques, and the ABA opinion on ethical considerations in a collaborative law practice. as

View the table of contents [PDF].

Civil Rights


by ThomsonWest — Thomson West, 2009. 1696 pages.
REF DESK KFT 8820 T46

This title is a new publication from West publishing. It is designed to be a practical procedural guide for civil practice in Texas state courts. The counties covered are Bexar, Dallas, Harris, Tarrant and Travis. For each county covered, the information is organized by type of filing under the categories of pleadings motions and requests. Cites to the relevant Texas Rules of Civil Procedure and any local court rules are given along with references to secondary material and drafting guidance (West publications, of course). This publication should be handy for novice attorneys or pro se litigants who need to know the details of exactly what paperwork needs to be filed for a given court proceeding, the time considerations and service requirements.

Criminal Procedure


by National Right to Counsel Committee — National Right to Counsel Committee, 2009. 217 pages.
KF 9646 J87

The National Right to Counsel Committee, formed in 2004, is comprised of representatives from all the stakeholder groups in the indigent defense issue: the accused, law enforcement, prosecutors, defense attorneys and judges. "The Committee's two-fold mission was to examine, across the country, whether criminal defendants and juveniles charged with delinquency who are unable to retain their own lawyers receive adequate legal representation, consistent with decisions of the Supreme Court and rules of the legal profession and to develop consensus recommendations for achieving lasting reform." A great deal has been written about the current state of indigent defense. This report details the issues and also makes specific recommendations for improving the administration of justice. The key finding is that states should establish and legislatures should fund an independent, non-partisan agency responsible for all the components of indigent defense systems headed by an oversight board made up of representatives from all the parties involved.

by Larry Yackle — Thomson West, 2010. 1 volume.
KF 9690 Y32

West's Postconviction remedies is an extensive volume explaining and analyzing all aspects of postconviction remedies. The editors address state postconviction remedies, federal postconviction remedies for challenging state convictions, and federal postconviction remedies, walking attorneys through the variations and procedures of each. Appendices contain pertinent rules as well as forms.

by John Jasuta — BB Publications, 2009. 112 pages.
REF DESK KFT 9690 J38

This paper provides information on general habeas corpus and article 11.07 litigation principles. It discusses such topics as waiver of remedies, finality of convictions, confinement, right to counsel, burden of proof and procedural considerations. According to the author, "the writ of habeas corpus for final, non-death penalty felony convictions, found in Article 11.07, § 3, et seq., has been heavily litigated, sometimes to conflicting results. This paper is an attempt to find some sort of order in the jurisprudence."

Elder Law


by State Bar of Texas — State Bar of Texas, 2009. 1 volume.
KFT 337 A33 S7

The articles in this book were prepared for the one day seminar Advanced Elder Law Course sponsored by the State Bar of Texas. Topics covered during the seminar include Medicaid estate recovery program final rules, real estate issues, longterm care issues, veterans' pension benefits, and contracting for long term care in Texas. as

View the table of contents [PDF].

Environmental Law


by Adam Strochak — Lexis Nexis Matthew Bender, 2009. 193 pages.
KF 1298 S77

This title is an update to Collier on Bankruptcy and Collier Bankruptcy Practice Guide. It discusses how provisions in the Bankruptcy Code affect the environmental liabilities of parties to bankruptcy proceedings. It also looks at how courts have reconciled the sometimes competing goals of environmental law and bankruptcy law. The title looks at an overview of pertinent environmental laws and considers the environmental notification requirements of debtors and the application of protections offered by the bankruptcy code. as

Health and Health Care


by Margaret C. Jasper — Oceana, 2008. 234 pages.
KF 3825.3 Z9 J37 2008

Hospital Liability Law explores the area of law known generally as "hospital liability,"-- the duties and responsibilities a hospital owes to its patients, and the theories under which a hospital may be held liable, including negligence; lack of informed consent and/or informed refusal; unauthorized treatment which may lead to a cause of action for battery; breach of privacy for the unauthorized release of a patient's medical record; and breach of contract. This almanac also discusses the responsibility of the hospital for the actions of its employees, including physicians, residents, interns, nurses, hospitals, mental health professionals, anesthesiologists, and other persons who provide medical care. AR

Immigration


by Richard A. Boswell — American Immigration Lawyers Association, 2013. 261 pages.
KF 4819 B67

This book serves as a comprehensive overview of immigration law. The author acknowledges immigration law is an extremely complex area of study with a profound impact on the lives of individuals trying to navigate through the "labyrinth." Changing policies on immigration have created a patchwork of laws and regulations and a dizzying array of agencies involved in enforcing the statutes. This book provides the essentials for understanding immigration law in a readable format and serves as a springboard for more in-depth research in other American Immigration Lawyers Association publications. It is complimented by appendices that explain key concepts, abbreviations and acronyms.

Available electronically: http://ezproxy.sll.texas.gov:2048/login?url=http://ailalink.aila.org/#documents/35227

Intellectual Property


by Peter Menell — Federal Judicial Center, 2009. 1 vol. .
JU 13.8:P 27

This is a comprehensive guide for effective patent case management. Patent litigation timelines, counterclaims, settlement and mediation are covered, along with discovery, summary judgment and procedural issues. It includes a glossary of terms, acronyms, patent local rules and standing orders, model patent jury instructions and a table of cases.

Judges and Judicial Conduct


by Joshua Hall — Show-Me Institute, 2008. 52 pages.
KF 8776 H35

Joshua Hall and Russell Sobel's study examines the relationship between the different judicial selection plans in practice in the United States and the resulting quality of the state's legal system, as determined by the Institute for Legal Reform. The authors find a statistically significant correlation between judicial quality and the Missouri method of judicial selection (merit based appointment). It is an interesting and thought-provoking examination on the ramifications of judicial selection in the United States.

Available electronically: http://showmeinstitute.org/publication/misc-miscellaneous/missouri-plan-good-missouri-economics-judicial-selection

Juvenile Law


by Texas Workforce Commission — Texas Workforce Commission, 2008. 113 pages.
KFT 9227 W67

Project RIO is a collaboration between the Texas Department of Criminal Justice, the Texas Youth Commission, and the Texas Workforce Commission. This project aims to help ex-offenders and adjudicated youth reenter the workforce by helping them get the skills needed to obtain post-release job opportunities. This book looks at the goals and Project RIO's strategies to meet those goals. It also contains several appendices that detail partnering agencies, directories, budget planning, and a description of strategic planning process. as

Available electronically: https://web.archive.org/web/20090106223543/http://www.twc.state.tx.us/svcs/rio_plan_08.pdf

Labor and Employment


by State Bar of Texas — State Bar of Texas, 2008. 1 volume.
KFT 3509 E47

This is State Bar of Texas' one-day seminar on employee benefits law, held in Dallas on May 1, 2008. Some of the articles included in the course are, "Anatomy of an ERISA claim", "Who is Responsible?", "Welfare Benefit Plans and Reporting and Disclosure", "Division of Benefits in Marriage Dissolution", "Privacy and Data Protection", and "Who is your client: Ethics and ERISA."

View the table of contents [PDF].

by Theodore St. Antoine — Bureau of National Affairs, 2005. 425 pages.
KF 3424 C66

In this collection by members of the National Academy of Arbitrators, 16 master arbitrators explain the profession's most widely accepted arbitral principles concerning a variety of arbitration subjects. This text provides black-letter statements that summarize important points plus extensive commentary and references. Additionally there are sections on ethics in arbitration, application of external law, drug abuse and violence in the workplace, and the use of the Parol Evidence Rule. AR

Legal Ethics


by ABA Center for Professional Responsibility — American Bar Association, 2011. 748 pages.
KF 305 A2 A5A

Incorporating all of the amendments the ABA made to the Model Rules of Professional Conduct through 2007, this volume is ABA's definitive resource for information about lawyer ethics. This new edition includes changes to the rules on confidentiality, prospective clients, corporations as clients, limited-scope representation agreements, multijurisdictional practice, and the lawyer's duties when confronted by a client's criminal or fraudulent activities. AR

Native Americans


by William Canby — Thomson West, 2014. 548 pages.
KF 8205 C3

The most recent edition of American Indian Law in a Nutshell provides up to date, basic coverage of the complexities of American Indian law. Readers familiar with West's Nutshell series will find it to be a straightforward discussion of the history and topics of American Indian law. It is important to note that this book does not address problems specific to Oklahoma, New York, or native Hawaiians.

Real Property


by Walter G. Robillard — Wiley, 2006. 630 pages.
KF 639 B73

This text is a basic reference for practitioners who must understand the laws of boundaries and the evidence necessary for efficient and accurate boundary determination. Now in its 5th edition, it is brought up to date, with new material on the use of technology in surveying and its legal ramifications, the use of measurements as evidence, new case law examples throughout, new material on finding original evidence, and new exhibits help illustrate the concepts presented. AR

Telecommunications


by Kelly Frey, Sr. — Aspatore Books, 2007. 105 pages.
KF 3145 F74

As the Information Age progresses, more and more highly specialized third party application and software providers have emerged to offer high tech technology to businesses who would otherwise be able to support their level of expertise on their own, financially or tehcnically. With these third party vendors come highly detailed service agreements, which Frey and Hall's book examine and explain line-by-line. This guide will be extremely informative for attorneys or other professionals involved in negotiating agreements with third party software providers.

Trial Practice


by Robert Barton — Juris, 2009. 197 pages.
KFT 8915 B3

This title discusses Texas practice in the context of Texas civil and criminal procedure and the Texas Rules of Evidence. Some of the topics covered are jury selection, direct examination, exhibits, impeachment and rehabilitation, expert witnesses and closing arguments. A bibliography and a section of cross-references are included for every topic covered.

by Eugene Scoles — Thomson West, 2004. 1565 pages.
KF 411 S28

This text deals with interstate and international private litigation, business planning, estate planning, and administration and introduces the development and current state of approaches to choice of law. Additionally it provides the basics for determining applicable law, reviews jurisdiction and discusses marriage, property, dissolution, and adoption. It also covers torts, contracts, succession, trusts, probate, corporations, and bankruptcy. AR

by Bryan Garner — Thomson West, 2009. 262 pages.
KF 8870 G37

Garner has completed an exhaustive survey of the literature on oral argument. His goal "was to codify the principles and illustrate time with the wisest, pithiest formulations in support of the principles." Garner uses quotes from the best sources to illustrate each principle he asserts. The reader can take the quotes as the definitive word on the subject or do further research himself using the extensive bibliography that is included in the book.

Wills, Trusts, and Estate Planning


by American Bar Association — Random House Reference, 2009. 366 pages.
KF 750 Z9 A47

The foreword of this third edition notes that "Public education and public service are two of the most important goals of the American Bar Association. This book shows how the ABA takes an active role in providing the public with information it can use." This book first provides an excellent readable overview of the estate planning process and then follows with how the tools come into play when they are needed. The explanations will give the consumer an understanding of the various estate planning issues and other end of life concerns. This book would be helpful to an attorney working with clients by a providing an authoritative, but plain English explanation of the legal concepts for his or her clients.

Workers Compensation


by Gary Wickert — Juris, 2009. 1404 pages.
KF 3623 S8 W53

This text is a primer om multi-state workers' compensation subrogation. It is intended for those who have responsibilities for subrogating in multiple states. "The author has chosen the laws of Texas, and a few other states, to exemplify the many issues and practical applications involving workers' compensation subrogation. This is primarily because Texas workers' compensation subrogation law is fairly well developed in almost every area addressed in this book, and contains provisions fairly typical of those found in the statutes of many states." It also includes a summary of workers' compensation subrogation laws from every state.

page last updated: 23 May 2018 9:25 PM