Duly Noted

Duly Noted — December/January 2010

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 Dwight Golann — American Bar Association, 2009. 370 pages.
KF 9085 G63

This book explains how to mediate high stakes commercial disputes which require the neutral to command a broad range of mediation tactics. The author discusses a variety of dispute resolution techniques and provides examples from actual mediations to show how they can be applied. An accompanying DVD demonstrates the mediation skills described in the book being applied to international business mediation.

Animal Rights

by Joan Schaffner — American Bar Association, 2009. 584 pages.
KF 390.5 A5 L58

This comprehensive treatment of the emerging field of animal law provides a solid introduction to the topic for lawyers. Each chapter provides an overview of the major areas of animal law such as negligence and tort law, veterinary malpractice, ownership disputes, animal-related contacts, and criminal laws involving issues such as animal cruelty. The book also provides information on practical issues such developing a fee agreement, any possible impact a case may have on future business dealings, alternative dispute resolution, and settlements.


by Jessica Darraby — Thomson West, 2009. 2 volumes.
KF 4288 A94

This two-volume treatise looks at laws and policies that affect the visual arts. It first provides an overview of the business of visual art and the issues raised by its creation, trade, and transfer. Later chapters discuss copyright, unfair competition, exhibitions, art fraud, archeology, and preservation. It contains an artist bibliography as well as a legal bibliography and a table of cases.

Business and Commercial Law

by American Bar Association — American Bar Association, 2008. 150 pages.
KF 1263 C65 D38

This book for legal practitioners looks at common information security vulnerabilities and how to manage them. It also examines security safeguard requirements, legal obligations when faced with data breaches, and legal theories in actions involving alleged misuse or compromise of personal information. It includes a table of cases and a list of relevant data security statutes.

Civil Rights

by Erika Wood — Brennan Center for Justice, 2008. 19 pages.
KF 4891 W67

This paper from Erika Wood and Rachel Bloom of the Brennan Center for Justice examines the confusion surrounding felony disenfranchisement policies across the United States and how, when combined with puzzling and complicated registration procedures, the result is often incorrectly disenfranchised voters. The authors discuss several causes of this confusion and make policy suggestions about how to remedy it.


by Richard Fallon — Thomson West, 2009. 2 volumes.
KF 8718 H32

Now in its 6th edition, this casebook includes a broad range of primary and secondary material on the federal courts as well as extensive textual notes that provide historical background for discussion. In the new edition, the coverage remains comprehensive, but at the same time the authors have made the book more teachable and accessible to students by deleting or confining to footnotes unnecessary details. Some topics explored include the development and structure of the federal judicial system, the jurisdiction of the Supreme Court, federal common law, suits challenging official action, and federal habeas corpus

Criminal Procedure

by Steven Salky — American Bar Association, 2009. 190 pages.
KF 9668 S25

Salky's "Privilege of Silence" is organized as an annotated bibliography of case law focusing on the fifth amendment's protection against self-incrimination. Each chapter focuses on a particular aspect of the fifth amendment including, but not limited to, its scope, proceedings in which it may be asserted, how to determine the validty of the assertion and even the stigma of invoking one's privilege to silence. Additionally, each chapter contains a series of short passages covering the various facets of the section's main topic followed by a listing of applicable cases, citations, and brief synopses of the findings. This resource aims to serve as a basic research tool on a deceptively complex topic. -PF

by Keith Hampton — Texas Criminal Defense Lawyers Association, 2011. 1 volume.

Texas Punishment 2007-08 began as a seminar paper for the Austin Criminal Defense Lawyers Association by Keith Hampton. What sets this sourcebook apart from other materials on the subject is the length at which Hampton covers the unforeseen consequences of criminal punishments. In addition to covering degree classifications for penal code and controlled substance offenses, Hampton also lays out the hidden impacts regarding deportation, driver's license suspension, career restrictions, voting rights, and concealed handgun licensing. - PF


by John Barkett — American Bar Association, 2008. 125 pages.
KF 8902 E42 B37

New technologies have raised a number of thorny issues in terms of document retention protocols, discovery obligations, and privilege and access to data. As the e-discovery issues judges are dealing with today did not exist ten years ago, precedent is still in the making and it is not uncommon to find conflicting decisions on the topic. Barkett's ABA publication on e-discovery frames these issues by positing a series of questions that force us to critically examine all the facets of this emerging aspect of contemporary law. This is a resource for those interested in the impact of new technology on the legal profession and the possibilities and pitfalls it can bring. PF

by John Barkett — American Bar Association, 2009. 125 pages.
KF 8902 E42 B37

John M. Barkett follows up on his previous publication, E-Discovery: 20 Questions and Answers, with a piece tailored to specifically address the problems caused by e-discovery regarding ethical conduct. This resource begins with a discussion of how electronic information differs from traditional paper resources and includes a primer for those unfamiliar with such terms as metadata, soft deletion, and active data. Barkett then focuses primarily on the interplay between Federal e-discovery rules and real life ethical dilemmas that can arise from electronic information. The publication ends with a discussion of Qualcomm v. Broadcom (2008 WL 66932) in regards to client and attorney responsibilities for e-discovery and the impact of outsourcing. -PF

by Ralph Losey — American Bar Association, 2009. 518 pages.
KF 8902 E42 L675

Ralph C. Losey writes a blog on e-discovery at www.ralphlosey.wordpress.com. This publication is a based on the blog entries written in 2008. The author retains his concise, entertaining and readable style of his blog in this, his second, "blook." Selected reader comments and guest blogs are included in the text. Losey's publications and blogs are the basis of many CLE seminars and law school classes on electronic discovery.


by Daniel Small — American Bar Association, 2009. 221 pages.
KF 8950 S63

The author notes that due to an explosion of government and private investigations, litigation and other inquiries, it is essential that an attorney be skilled in preparing a witness for trial. A witness is admonished to tell the truth in responding to questions; however, responding accurately to the questions posed can be difficult for the unprepared witness in a high-pressure situation. An attorney must spend the time to teach the witness how to respond to the question (and only the question) clearly, truthfully and calmly. The text is written in a very accessible style, so attorneys may want to have their clients read it as part of their preparation.

Family Law

by American Bar Association — American Bar Association, 2009. 348 pages.
KF 3735 C475 2009

In the aftermath of Katrina and Rita, many children faced unique and compound challenges in adapting to new homes, new communities, as well as the stress and trauma of such disasters. A joint project between the ABA Center on Children and the Law and the University of Houston's Center for Children, Law, and Policy, this book offers suggestions for preparing for, responding to, and recovering from disasters affecting children by planning, communicating, coordinating, funding and re-evaluating. The authors discuss the effect of disasters on several aspects of children's lives, such as foster homes, juvenile justice, and education.

by Jean Koh Peters — Lexis Nexis Matthew Bender, 2007. 1,276 pages.
KF 3735 P4 2007

This expanded third edition of the title contains new data on current practices in international jurisdictions, including discussion of the United Nations Convention on the Rights of the Child. Special focus is laid upon the psychological and sociological aspects of representing children in abuse and neglect cases, and relevant journal articles and ABA standards of practice are reprinted as appendices.

Intellectual Property

by Sharon Sandeen — American Bar Association, 2013. 542 pages.
KF 2980 I63

This text is intended to refresh the memory and facilitate deeper research on a wide range of intellectual-related issues regularly confronted by the business lawyer. Chapters are structured around typical transactions and provide an overview of the issues, identfy traps, suggest strategies, supply checklists and forms, and offer references to additional materials for further analysis and research. Some specific topics include software financing, security interests, licensing, representations and warranties, probate and estate planning, bankruptcy, and antitrust law.

Juries and Jury Instructions

by James Gobert — Thomson West, 2009. 644 pages.
KF 8979 J6

This title looks at the history and functions of a jury. It then discusses the latest methods and techniques to assist attorneys to identify problems, spot personality traits, and isolate biases that could affect jury decisions. This book includes sample questions for plaintiff and defense lawyer as well as tips for making favorable impressions on the jury.

Labor and Employment

by Robert Covington — Thomson West, 2009. 567 pages.
KF 3455 C68

This book provides an introduction to employment law. The text discusses the development of the topic as well as individual employee rights such as personal safety, discrimination, benefit programs, and privacy considerations. There are new sections on restrictive covenants and trade secrets. The authors have included extra case citations for readers whose legal expertise is outside of employment law.

Law Practice Management

by Martin E. Latz — Latz Negotiation Institute, 2008. 34 pages.
KF 9084 L38 2008

Aimed at the non-lawyer, Martin E. Latz's "Gain the edge!" offers a detailed treatment of the strategies behind negotiations and how to effectively employ them. In Part I, Latz introduces the reader to his five golden rules of negotiation. Hypothetical situations and personal anecdotes illustrate the major points of Latz's approach. In Part II, Latz discusses how to analyze a situation and apply the most appropriate negotiation strategy. Part III examines real life situations and how to best to use the analysis skills and strategies from the first two parts to one's advantage. Readers will find that the bullet style emphasizes the most important information and is easy to follow. (AAS)

by Carolyn Elefant — Decision Books, 2007. 300 pages.
KF 300 Z9 E44 2007

Directed at established lawyers looking to make a change in their current practice, Carolyn Elefant's "Solo by choice" makes a persuasive argument toward transitioning to a solo practice. In addition to providing things to consider when making the choice to go solo, Elefant offers a suggested course of action from the initial planning stages of a solo firm to establishing and marketing a new solo firm. Nine sidebars from independent law practitioners (and the full interview text in appendix 6) offer a personal perspective on this decision.

Legal Research and Writing

by Bryan A. Garner — American Bar Association, 2009. 839 pages.
KF 250 G376

Garner's collection of speeches and essays provides advice on writing and language for the legal professional. Garner tailors his advice to several varieties of writing; the reader will find instructive essays on varied topics such as style, legal briefs, legal citations, autobiographical essays, and interviews. The essays are peppered with interesting quotes, diagrams, and are full of references to additional sources.

Local Government

by David B. Brooks — Texas Association of Counties, 2014. 163 pages.

Designed to assist new county officials identify state laws affecting county office operations, this guide compiles relevant statutes through the 81st legislative session in a quick-reference table format. The guide is organized by county office and provides a handy source for questions regarding the scope of their individual duties. It is primarily focused on financial, personnel, public welfare, and ministerial responsibilities, typically omitting statutory responsibilities listed in the Penal Code, Code of Criminal Procedure, or Rules of Civil Procedure.

Available electronically: http://www.county.org/member-services/legal-resources/publications/Documents/Guide-to-Laws-for-County-Officials.pdf


by Christopher Pettit — Juris, 2008. 828 pages.
KFT 750 P48

This book covers a wide variety of aspects of practicing estate law in Texas, including wills, trusts, probate, taxes, and will contests, with an emphasis on conserving and distributing client wealth. The book comes with a CD of estate and probate forms, client data intake sheets, and with several Texas Codes, such as the Probate Code and Texas Trust Code, in rich text format.


by Giles B. Sutton — Commerce Clearing House, 2009. 216 pages.
KF 6450 P73

The passage in 2006 of the revised Texas franchise tax brought dramatic changes to the taxation of businesses in Texas. This publication explains this controversial new tax and will assist businesses in understanding and comply with the new provisions.

Wills, Trusts, and Estate Planning

by Christopher Pettit — Juris, 2008. 828 pages.
KFT 750 P48

This book covers a wide variety of aspects of practicing estate law in Texas, including wills, trusts, probate, taxes, and will contests, with an emphasis on conserving and distributing client wealth. The book comes with a CD of estate and probate forms, client data intake sheets, and with several Texas Codes, such as the Probate Code and Texas Trust Code, in rich text format.

page last updated: 23 May 2018 9:25 PM