Duly Noted

Update

As of 2015, the library ceased publishing Duly Noted due to limited staff resources. Instead, we highlight new and noteworthy titles from our collection on our library catalog homepage. Our Featured Titles display on the library catalog is updated monthly and points you to noteworthy titles on the web, in print, and e-books available through our Digital Collection. This page now serves as an archive of our previous issues of Duly Noted.


To help keep library patrons aware of the library's collection, the Texas State Law Library publishes Duly Noted, a library newletter highlighting new and noteworthy titles, every two months. If you would like to receive a copy of Duly Noted via e-mail as soon as it is released, please click here to sign up for the library's mailing list.

Items featured 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 in the library lobby. If you are interested in checking out any of these items, you may contact us by phone at (512) 463-1722, by e-mail at library@sll.texas.gov, or by returning the order form on the last page Duly Noted. If you are a 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-issued photo ID to register.

The library can provide photocopies or scans of sections of these publications as part of our document delivery service. When checking out items, non-state employees are subject to a $1.00 circulation fee per item.

The library also has a variety of other resources to help meet your research needs. Please let us know how we may assist you.

Duly Noted — February/March 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.

Adoption


by Ann Haralambie — Thomson West, 2009. 3 volumes.
KF 547 H27

This is a practice resource for child custody, abuse and adoption cases. It discusses the law, basic strategies and trial techniques. Some of the topics included are establishing parentage, proving abuse, termination of parental rights, rights of unmarried parents,the Indian Child Welfare act, assisted conception and surrogacy, third party custody and visitation, and guardianship. This new edition also contains expanded and reorganized sections on international child custody and an expanded discussion of legal issues related to the lesbian, gay, bisexual, transgender community, the mentally disabled parent and other special issues.Includes a table of laws and rules, table of cases and index.

Consumer Protection


by August Horvath — American Bar Association, 2009. 833 pages.
KF 1609 C655

The focus of the book is a complete perspective on consumer protection laws, with emphasis on developments regarding federal, state, and international law, as well as industry self-regulation. Additionally, it examines administrative litigation, consumer class actions, Lanham Act and Sherman Act litigation, and express, implied, and establishment claims; qualitative and quantitative consumer perception analysis; industry standard, modified industry standards, and nonstandard product testing; statistical analysis and more. In addition to advertising law, this book endeavors to identify all the applicable laws, touching on all of the relevant disciplines, including deception and unfairness, promotion and direct marketing, private remedies, privacy and data security, industry self-regulation, and international consumer protection.

Corporations


by Stephen Radin — Aspen, 2009. 4 volumes.
KF 1423 B6

The author explores the latest developments in the law in Delaware and other jurisdictions that have addressed business judgment rule and related corporate governance issues. Other topics covered include duty of loyalty issues, emerging good faith doctrine, disclosure obligations, deal protection measures, section 220 demands, and indemnification of directors and officers.

Criminal Law


by Miriam Weismann — American Bar Association, 2009. 248 pages.
KF 9351 W45

This text focuses on organizational and corporate crime and describes them in the context of traditional legal principles governing prosecution and defense of white collar crime. Additionally it provides insight into some of the nuts and bolts of the financial and accounting schemes utilized to achieve unlawful results and the business motivations fueling entity criminal behavior. Crime, Incorporated also includes information on the Sarbanes-Oxley Act, the theory of entity liability and the collective entity doctrine, the statutory tools used to prosecute organizational crimes, the application of constitutional amendments to corporations, work product privilege, attorney-client privilege for corporate management, corporate plea agreements, tax consequences, and organizational crime from a global perspective. The final chapter includes a post-Enron examination of new and proposed legislation with a focus on increased regulation in the field.

by John Parry — American Bar Association, 2009. 462 pages.
KF 9242 P373

Written for lawyers, judges and other professionals within the criminal justice system, this volume examines mental health and disability discrimination issues. Contains an overview of the insanity defense, competency, insanity and diminished capacity, as well as the basics of key legal concepts and developments. Special attention is given to discriminatory issues involving inmates. The important legal construct of "dangerousness" is addressed in both its civil and criminal contexts, and a chapter is devoted to the assessment and diagnosis of the medical aspects of disability.

Criminal Procedure


by John Bradley — Texas District and County Attorneys Association, 2008. 230 pages.
KFT 9654 B73

Texas District and County Attorneys Association publications offer concise, no-nonsense coverage of legal topics pertinent to both prosecution and defense attorneys alike and the 2008 edition of John Bradley's The Perfect Plea only adds to this bank of knowledge. Bradley acknowledges all stages of the plea agreement process with individual chapters dedicated to each step. Bargaining, community supervision, admonitions, waivers, evidence, sentencing, adjudication, revocation and plea rejection are all covered. Chapter 11 provides a host of forms tailored for Texas plea agreement practice. A companion CD-Rom is also available. PF

by State Bar of Texas — State Bar of Texas, 2016. 374 pages.
KFT 8984 S7 C75

Although the State Bar of Texas has been regularly updating the civil pattern jury charges, the State Bar last published criminal jury charges in 1975. The Committee working on the charges noted the challenge of creating a charge that states the law in statutory terms and also makes the charge understandable to the jurors who must apply them. ?The Committee designed an outline that explicitly states the relevant statutes and legal definitions and then applies the law to the facts in common-sense language.? The law library has copies in print, but the charges can be purchased from the State Bar in electronic format.

Disability Law


by John Parry — American Bar Association, 2009. 462 pages.
KF 9242 P373

Written for lawyers, judges and other professionals within the criminal justice system, this volume examines mental health and disability discrimination issues. Contains an overview of the insanity defense, competency, insanity and diminished capacity, as well as the basics of key legal concepts and developments. Special attention is given to discriminatory issues involving inmates. The important legal construct of "dangerousness" is addressed in both its civil and criminal contexts, and a chapter is devoted to the assessment and diagnosis of the medical aspects of disability.

Discovery


by Janet Kole — American Bar Association, 2009. 111 pages.
KF 8900 K65

While most of the recently published resources on discovery focus on electronic documents, Janet Kole's Chasing Paper provides us with advice and strategies for tackling physical documents discovery. While her first chapter focuses on building enthusiasm for document review, Kole later covers what to request, how to respond, and how to review documents during the discovery phase. As issues of ethics, privilege, and relevance are inherent in document review, Kole makes sure to tackle the most persistent problems attorneys come to face during discovery. PF

by Michele C. S. Lange — American Bar Association, 2009. 429 pages.
KF 8947 L36

This ABA publication by legal technologies business women Michele Lange and Kristin Nimsger is a helpful companion for making sense of the technical aspects and practical implications of electronic evidence and discovery. This second edition will aid attorneys working in the growing eDiscovery sector with over 200 pages of new information added since its last printing. Lange and Nimsger begin with a general discussion of applicable Federal Rules of Civil Procedure, provide the reader with a lengthy chapter on the practical legal implications of electronic evidence, and cover the basics of discovery technologies and computer forensics. The resource's appendixes and figures provide the reader with case information, state statutes, and sample forms and correspondence for eDiscovery practice. -PF

Elections & Campaign Finance


by Lawrence Norden — Brennan Center for Justice, 2008. 86 pages.
KF 4886 N67 2008

In response to continuing problems with lost or miscast votes due to poor ballot design, this publication from the Brennan Center for Justice examines the consequences of poorly designed ballots and provides tips for constructing informative, effective ballots. The authors address 13 main problems that can confuse voters and provide suggestions for how to correct them. Although it was published in anticipation of voting problems at the 2008 presidential election, the suggestions it provides are timeless.

Environmental Law


by Cary Perlman — American Bar Association, 2009. 580 pages.
KF 8925 E5 E583

The scope of what qualifies as "environmental litigation" is huge, covering a complex array of federal and state statutes, hundreds of common-law rules, and thousands of pages of regulations and increasing number of environmental cases. This text provides guidance on the most critical areas in this rapidly-changing area of the law including: litigation of government enforcement matters; citizen-suit provisions; toxic tort litigation; pesticides regulated under FIFRA and FFDCA; CERCLA litigation; natural resource damages law; insurance as an important potential source of recovery for environmental liabilities; and the growing importance for environmental lawyers to add to their expertise the constitutional features of judicial review, congressional authority, federalism, and individual rights.

Evidence


by Michele C. S. Lange — American Bar Association, 2009. 429 pages.
KF 8947 L36

This ABA publication by legal technologies business women Michele Lange and Kristin Nimsger is a helpful companion for making sense of the technical aspects and practical implications of electronic evidence and discovery. This second edition will aid attorneys working in the growing eDiscovery sector with over 200 pages of new information added since its last printing. Lange and Nimsger begin with a general discussion of applicable Federal Rules of Civil Procedure, provide the reader with a lengthy chapter on the practical legal implications of electronic evidence, and cover the basics of discovery technologies and computer forensics. The resource's appendixes and figures provide the reader with case information, state statutes, and sample forms and correspondence for eDiscovery practice. -PF

Health and Health Care


by James O'Reilly — American Bar Association, 2009. 272 pages.
KF 3826 N8 O74

As the number of Americans living in nursing homes is expected to increase in the coming years, the nursing home case will become increasingly important. O'Reilly provides an excellent overview of the entire litigation process, first covering the context of nursing homes with an explanation of the ownership and administration as well as the environment. Different liabilities issues such as skin ulcers, fall injuries, neglect, abuse, and prescription drug are covered. The last section covers all the elements of preparing and trying a case from assembling the complaint to verdicts and settlements.

Insurance


by Lawrence R. Moelmann — American Bar Association, 2009. 898 pages.
KF 1223 L388

This second edition of the volume covers both the basics and the more advanced issues relating to performance bonds. It begins by discussing the fundamentals of a suretyship relationship and proceeds to cover the surety?s rights and remedies and contractual and extra-contractual obligations. Litigation issues are covered in detail, as well as a comprehensive review of the most recent caselaw in the field.

Juries and Jury Instructions


by State Bar of Texas — State Bar of Texas, 2016. 374 pages.
KFT 8984 S7 C75

Although the State Bar of Texas has been regularly updating the civil pattern jury charges, the State Bar last published criminal jury charges in 1975. The Committee working on the charges noted the challenge of creating a charge that states the law in statutory terms and also makes the charge understandable to the jurors who must apply them. ?The Committee designed an outline that explicitly states the relevant statutes and legal definitions and then applies the law to the facts in common-sense language.? The law library has copies in print, but the charges can be purchased from the State Bar in electronic format.

Juvenile Law


by Hannah Benton — American Bar Association, 2010. 144 pages.
KF 9794 R47

This book is a guide for attorneys and others who advocate for youth who have engaged in noncriminal misbehavior (status offenses). Each chapter is written by an expert in the field to give the reader the tools to successfully represent youth in these proceedings. Some of the subjects discussed are the critical provisions of the Juvenile Justice and Delinquency Prevention Act, how to build relationships with youth clients. Also included are tips on how to use early intervention services for clients and strategies that may be used at trial, disposition or if a court order has been violated by a client.

Labor and Employment


by Alba Conte — Aspen, 2000. 2 volumes.
KF 3467 C66

Alba Conte's Sexual harassment in the workplace: law and practice is a comprehensive guide to litigating sexual harassment claims. It includes current information on state and federal case law and guides to the various steps of a sexual harassment suit. This volume is the 2009 cumulative supplement to the base volumes published in 2000.

by Gavin Appleby — Entrepreneur Media, 2008. 330 pages.
KF 3467 A96

Written for the business owner, Appleby's guide to harassment and discrimination issues in the workplace discusses common problems that employers face and how to protect themselves from them. With an emphasis on diversity and respect, Appleby provides advice on how to prevent these problems from arising and how to successfully handle them legally should a lawsuit arise. Sample forms and documents can be found on a supplemental CD-ROM.

Legal Research and Writing


by Lee F. Peoples — Yale Journal of Law and Technology, 2009. 36 pages.
KF 250 P46 2009

This article discusses the ways Wikipedia citations have been used in court. Peoples discusses specific cases where a Wikipedia citation was inappropriate for judicial review and cases where the use of a Wikipedia article was acceptable. Many reasons as to why Wikipedia is not appropriate to cite due such as issues its lack of permanency and the lack of accountability for edits made to the page are discussed. Peoples also discusses developing best practices guidelines for citing Wikipedia articles including information on when citations are appropriate or inappropriate as well as guidelines for developing Wikipedia article citations.

Available electronically: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1272437

Non-profits


by William H. Clark — American Bar Association, 2009. 1 vol..
KF 1388 A4

This title contains all amendments to the text of the Model Act and official comments adopted in 2008. This third edition follows the Model Business Corporation Act provisions when possible. It distinguishes nonprofit corporations from for profit corporations and eliminates the classification scheme included in the revised Model Nonprofit Corporation Act. Other significant changes involve fundamental transactions, the use of governance arrangements, and the elimination of cumulative voting.

Public Information and Records


by Reporters Committee for Freedom of the Press. — Reporters Committee for Freedom of the Press, 2009. 1 volume .
REF DESK KF 5753 Z9 H69

The Federal Open Government Guide, published the Reporters Committee for Freedom of the Press, is a well written resource on the core federal open government laws. These are the Freedom of information Act, passed in 1996; the Federal Advisory Committee Act, passed in 1972; and the Government in the Sunshine Act passed in 1976. This publication provides an overview of each of these laws and explains how journalists or any individual can use their provisions to obtain the information they are entitled to from government sources. Lengthy footnotes citing relevant legal opinions and statutes are included as well as sample requests for information.

Real Property


by Robert Beck — Lexis Nexis Matthew Bender, 2009. 5 volumes.
KF 645 W3

Now in its third edition, Waters and Water Rights is a comprehensive reference on this complex and rapidly evolving area of law. Primarily national in scope, but with interstate, state-specific and international coverage, this treatise contains in-depth information on legal issues involving water rights, water usage and water quality. Some specific topics covered are ripariansim, groundwater law, distribution and storage organizations, public right to use water, federal and Indian rights, and international waters

Religion


by Michael Giaimo — American Bar Association, 2009. 195 pages.
KF 5698 R57

This book provides a general background of the Religious Land Use and Institutionalize Persons Act and puts the Act into context when it was passed by Congress in 2000. It also includes discussion about RLUIPA litigation from the perspective of the church and the community. It offers information and advice on initiating a RLUIPA law suit and defending against one.

Sports


by James T. Gray — Lexis Nexis Matthew Bender, 2009. 2 volumes.
KF 3989 G69

The third edition of Sports law practice has been thoroughly updated to provide the practitioner in-depth coverage of Sports law. Topics cover include collective bargaining agreements, endorsement contracts, licensing and sponsorship agreements, tax planning, agents, team, workers' compensation, and officials. The two volume set also includes chapters that specifically discuss contracts for basketball players, football players, baseball players and college coaches.

Trial Practice


by Allen Gardner — Thomson West, 2010. 1 volume.
KFT 209 T4 Vol. 16

This is a recent addition to the Texas Practice Series (volume 16).This resource takes you through the basic steps of drafting petitions and answers, as well as providing a table of Texas county-specific requirements, including district court provisions, statutory county court provisions, constitutional county court provisions and E-filing status. In addition, the title provides legal analysis of the required elements for various causes of action, which includes research references, statutes of limitation and jury instructions. An appendix includes tables addressing specific venue provisions, affirmative defenses, statutes of limitation,laws and rules,cases and an index that relate to the various causes of action.

Water Law


by Robert Beck — Lexis Nexis Matthew Bender, 2009. 5 volumes.
KF 645 W3

Now in its third edition, Waters and Water Rights is a comprehensive reference on this complex and rapidly evolving area of law. Primarily national in scope, but with interstate, state-specific and international coverage, this treatise contains in-depth information on legal issues involving water rights, water usage and water quality. Some specific topics covered are ripariansim, groundwater law, distribution and storage organizations, public right to use water, federal and Indian rights, and international waters

Wills, Trusts, and Estate Planning


by Rush Hunt — American Bar Association, 2009. 294 pages.
KF 748 H86

From the introduction: ?[T]his book is intended to be a user friendly will and trust manual. I have sought to make the book user friendly by having numerous comments throughout the various provisions of each of the documents. Just consider these comments my conversation with you as you use the forms.? Written by an attorney with 30 years experience in the field, the book contains sample documents and worksheets for wills, trusts, and attorney-client intake documents. The book emphasizes drafting for clients with children, and special attention is given to drafting for beneficiaries with special needs, e.g., handicapped children.

page last updated: 25 Feb 2013 10:49 AM