Duly Noted

Duly Noted — April/May 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 Thomas Acarbonneau — Juris, 2009. 569 pages.
KF 9085 C37

Under U.S. law, civil disputes are now nearly universally arbitrable. This third edition of the title defines arbitration and covers the basic concepts, principles and issues. The history of the law of arbitration in America is addressed, including the Federal Arbitration Act (FAA), as well as major decisions and their impact on the practice of arbitration. The increasing prominence of the obligation to arbitrate in consumer and employment adhesion contracts is addressed. A guide to the enforcement of awards is included, and a chapter is devoted to international arbitration.

Banking and Finance


by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 975 S7

The articles in this volume were prepared for a two day CLE seminar held in Dallas in February of 2010. Topics covered include nonjudical real property foreclosures, forgeries and counterfeits, arbitration, fair debt collection practice and legal ethics, insurance and bonds for banks, lender liability, conventional loan workouts, residential loan modification, foreclosure changes, data security, and bankruptcy. tc

View the table of contents [PDF].

by Alys Cohen — National Consumer Law Center, 2013. 502 pages.
KF 1040 C74

Now in its 5th edition this title provides an analysis of the equal credit opportunity act, fair housing act, and civil rights acts. It looks at state credit discrimination statutes and includes chapters on proving credit discrimination and litigating a credit discrimination case. It also contains an appendix of sample pleadings and sample discovery.

Available electronically: http://ezproxy.sll.texas.gov:2048/login?url=http://library.nclc.org/my-treatises/CD

Bankruptcy


by State Bar of Texas — State Bar of Texas, 2010. 334 pages.
KFT 1524 B368

This title guides one through the bankruptcy process for both Chapter 7 and Chapter 13 cases. Mapped for the nonbankruptcy practitioner, the journey begins with representation strategies for both debtors and creditors at the time of filing of the bankruptcy petition and ends with the treatment of dischargeability issues. Stops along the way include the automatic stay, means testing, proofs of claim, and avoidance actions.

by Stanley B. Bernstein — American Bar Association, 2009. 246 pages.
KF 1524 B47

This book is written for the non-bankruptcy practitioner. Information covered includes a chapter on approaching bankruptcy issues from the clients? perspective, sources for bankruptcy information, the history and structure of the bankruptcy code, types of bankruptcy, and the fundamental tenets of bankruptcy law.

Business Organizations


by Charles T. Autry — American Bar Association, 2009. 127 pages.
KF 1470 A98

(tc) This ABA publication, intended for the practitioner who has had limited exposure to the cooperative business, provides an overview of cooperative law and discusses the ways cooperatives differ from other business organizations. Topics covered include the history of cooperatives, when to use the cooperative form of business, types of cooperatives and their different business structures, the roles of the various member types, capitalization, and taxation of cooperatives. Detailed notes and case citation are provided to further information.

Consumer Protection


by Dana Karni — Houston Bar Association, 2009. 54 pages.
REF DESK KFT 1609 C66

This publication of the Houston Bar Association addresses, in question-and-answer format, basic consumer law issues in Texas. The Texas Deceptive Trade Practices Act is explained; contracts, warranties, payday loans, telemarketing fraud, landlord/tenant issues, repossession, debt collection, are all explained in layman's terms. This edition is current for the years 2009-2010. (LL)

Available electronically: http://www.hba.org/folder-services/pdfs/Consumer-English.pdf

by Alys Cohen — National Consumer Law Center, 2013. 502 pages.
KF 1040 C74

Now in its 5th edition this title provides an analysis of the equal credit opportunity act, fair housing act, and civil rights acts. It looks at state credit discrimination statutes and includes chapters on proving credit discrimination and litigating a credit discrimination case. It also contains an appendix of sample pleadings and sample discovery.

Available electronically: http://ezproxy.sll.texas.gov:2048/login?url=http://library.nclc.org/my-treatises/CD

Criminal Law


by National Judicial College (U.S.) — National Center for State Courts, 2010. 1 CD-ROM.
CD KF 9685 E94

(tc) This cd-rom contains the material from an online course offered by the National Center for State Courts on incorporating the principles of ?evidence-based practice? into sentencing policy and practice to reduce the risk of offender recidivism. All of the handouts from the course as well as the faculty handbook are provided as .pdf files. This course teach participants to select appropriate offenders for these reduction strategies, to assign effective probation conditions, to identify effective probation and treatment programs, and to understand the benefits of implementing evidence-based practice. To check out this item, please request it at the reference desk.

Criminal Procedure


by Donald Wilkes — Thomson West, 1996. 4 volumes.
KF 9690 W55

Donald E. Wilkes' resource covers the multifarious topic of state postconviction remedies. Recent changes regarding state postconviction procedure are discussed to provide the reader with up-to-date knowledge for each jurisdiction. Information regarding Federal habeas corpus is also presented to aid practitioners in understanding the relationship between state and federal remedies. A collection of forms is included to aid with postconviction practice and an extensive bibliography will be of use to those wanting to expand their knowledge base. PF

by William Brunson — National Judicial College, 2009. 490 pages.
KF 9655 P73

National Judicial College's benchbook on capital punishment provides judges with a host of information on all aspects of the death penalty process. Topics range from dealing with media in the courtroom to case management and include discussions of the unique issues presented to the judiciary in pretrial, trial, and postconviction phases. Sample forms and model orders and remarks are provided as are a series of checklists to aid judges in properly managing workflow and process when presiding over such austere cases. PF

Available electronically: http://www.judges.org/capitalcasesresources/bookintro.html

Family Law


by Houston Bar Association — Houston Bar Association, 2009. 41 pages.
REF DESK KFT 505 F36

This handbook is an effort to educate the public on the basic procedures of the family court. Some of the topics covered are mediation, marriage and divorce, custody, grandparents rights, adoption and parental liability. It also includes a section of resource and referral numbers.

Available electronically: https://www.hba.org/legal-handbooks/

Health and Health Care


by Commerce Clearing House — Commerce Clearing House, 2010. 736 pages.
KF 6276.5 P38

CCH provides an explanation of the tax provisions in the following legislation recently passed by Congress: The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010; Hiring Incentives to Restore Employment Act; Temporary Extension Act of 2010 and Legislation to Accelerate the Income Tax Benefits for Charitable Cash Contributions for the Relief of Victims of the Earthquake in Haiti. CCH provides a quick look at the highlights and identifies taxpayers who might be affected. For those looking for more in depth information, the committee reports discussing legislative intent are also provided.

Immigration


by Ilona Bray — Nolo Press, 2011. 596 pages.
KF 4819 U2

Nolo continues their tradition of producing easy to understand books on variety of legal topics with this title. Ilona Bray outlines the immigration process and the various types of visas and methods of obtaining green cards in straightforward and clear language. Also included are checklists of required documents, tips for expediting the process, and things to consider when applying. This is an excellent guide for readers of all levels of legal expertise beginning research on immigration processes.

Judges and Judicial Conduct


by Chris Bonneau — Social Science Electronic Publishing, Inc, 2009. 31 pages.
KF 8776 B66

This article examines the relationship between judges and campaign contributors in states where judges are elected to see if a quid pro quo relationship exists. After a review of the current body of research on this topic, the authors examine high courts in Texas, Michigan, and Nevada during the 2005 term to see if campaign contributions effect judicial decisions. Their results are inconclusive with a quid pro quo relationship seeming to exist in states with partisan supreme courts (Texas and Michigan) and not in states with nonpartisan supreme courts (Nevada).

Available electronically: http://ssrn.com/abstract=1337668

Juries and Jury Instructions


by American Bar Association — American Bar Association, 2009. 166 pages.
KF 1657 C7 M63

The American Bar Association's model jury instructions for criminal antitrust cases covers the gamut of issues pertinent to antitrust practitioners. This collection of instructions is applicable to multi-defendant and multi-count antitrust cases that involve aspects of price fixing, bid rigging, collusion, and more. Specific issue and witness instructions are included as are relevant general instructions that are not limited to use in antitrust cases. Discussion is presented through concise language and topics are organized in a manner that mirrors the most likely progression of an antitrust criminal case. PF

Law Practice Management


by State Bar of Texas — State Bar of Texas, 2009. 1 volume.
KFT 300 S83

This is the State Bar one day seminar entitled "The New Lawyer Course", held in Houston on November 4, 2009. Topics include, 'FAQs regarding starting your own practice', 'Legal resources you never knew you had','How to succeed in your first trial or transaction', 'Texas residential landlord/tenant law','21 Tips and tricks for the new family law practitioner' and 'Estate planning essentials'. Includes sample forms.

View the table of contents [PDF].

by The Perryman Group — The Perryman Group, 2009. 82 pages.
KF 336 I47 2009

This report, sponsored by the Texas Access to Justice Commission, seeks to provide a quantification of the economic impact of existing legal aid activities and the potential effects of expansion. There is currently a large unmet need for legal aid, and the authors explain how increased funding of these programs would lead to further gains in business activity in addition to the other social benefits of more equitable access to justice.

Available electronically: http://legalaidresearch.org/pub/1694/impact-legal-aid-services-economic-activity-texas/

Local Government


by Terrell Blodgett — Texas Municipal League, 2010. 133 pages.
REF DESK KFT 5304 B6

The state of Texas has granted cities the option of constitutional home rule since 1912. The publishers note that cities are increasing adopting this form of local government. This update of Terrell Blodgett's 1994 edition brings that comprehensive work up to date. It introduces the development of local government law, provides procedural information for cities that wish to gain the home rule status and gives in dept information on governing the home rule city.

by Texas Association of Counties — Texas Association of Counties, 2008. 47 pages.
REF DESK KFT 5330 028

Produced by the Texas Association of Counties, this publication provides oath and bond requirements for most county and precinct officers and officials. In addition to the listed requirements, the authors provide a brief historical background and explanation of the oath and bond process. Citations to statutes and the Constitution make this a useful reference guide for those involved in local government.

by Thomas M. Pollan — Texas Association of Counties, 2008. 65 pages.
REF DESK KFT 6740 P83

Pollan's general overview of the county bond issuance process guides the reader step by step, with easy to understand explanations and descriptions. The author provides definitions, charts, and statutory references to supplement his explanations. This is an ideal starting point for the researcher looking into county finance laws, or, according to the author, counties who rarely issue bonds.

Taxation


by Thomas M. Pollan — Texas Association of Counties, 2008. 65 pages.
REF DESK KFT 6740 P83

Pollan's general overview of the county bond issuance process guides the reader step by step, with easy to understand explanations and descriptions. The author provides definitions, charts, and statutory references to supplement his explanations. This is an ideal starting point for the researcher looking into county finance laws, or, according to the author, counties who rarely issue bonds.

by Commerce Clearing House — Commerce Clearing House, 2010. 736 pages.
KF 6276.5 P38

CCH provides an explanation of the tax provisions in the following legislation recently passed by Congress: The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010; Hiring Incentives to Restore Employment Act; Temporary Extension Act of 2010 and Legislation to Accelerate the Income Tax Benefits for Charitable Cash Contributions for the Relief of Victims of the Earthquake in Haiti. CCH provides a quick look at the highlights and identifies taxpayers who might be affected. For those looking for more in depth information, the committee reports discussing legislative intent are also provided.

Trial Practice


by Stephen Saltzburg — American Bar Association, 2012. 568 pages.
KF 8915 S299

For many years Saltzburg has authored a column on trial tactics in the ABA Criminal Justice Magazine. This book is an updated compilation of his analyses, tips and cautions for defense counsel, prosecutors and judges. Saltzburg draws on actual witness examinations to illustrate his discussions. While generally written for criminal trials, he notes that many of the articles are equally applicable to civil trials.

page last updated: 25 Feb 2013 10:49 AM