Duly Noted

Duly Noted — December/January 2011

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.

Banking and Finance

by Robert R. Wisner — Robert R. Wisner, 2010. 1 volume.

This publication provides an overview of the Texas laws affecting interest rates and credit. Specific topics include consumer loans, secondary mortgage loans, motor vehicle and retail installment sales, open-end cradit, and consumer protection.


by John R. Cornell — Lexis Nexis Matthew Bender, 2010. 348 pages.
KF 1526 E45

This title, part of the Collier monograph series that accompanies Collier on Bankruptcy, examines the issues that arise with employee benefits and compensation when a corporation files for bankruptcy. Benefits discussed include welfare plans, qualified retirement plans, stock options, split-dollar life insurance, multiemployer plans, and voluntary employees’ beneficiary associations. Other topics covered include executive compensation, retiree benefits, health coverage tax credit, union matters, prepetition planning, and first-day motions.

by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 1524 S7AB

This two-day course was presented in Dallas. It covers topics such as credit bid issues, equity committees, federal court practice, conflicts of interest, real estate bankruptcy issues, Chapter 11 bankruptcy cases, attorneys' fees, non-debt releases in chapter 11 plans, corporate group problems, and intercreditor agreements.

View the table of contents [PDF].

Business and Commercial Law

by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 889 A2 A3

This continuing legal education seminar covers topics such as evaluating consumer law cases, protecting client privacy, fair debt collection practices, legal writing, using social media, Texas trends in consumer class action cases and arbitration, business torts, avoiding malpractice, and the Texas Home Solicitation Act.

View the table of contents [PDF].

Civil Rights

by Kirstin Stoll-DeBell — American Bar Association, 2009. 459 pages.
KF 9014 S76

This ABA title extensively covers injunctive relief at both the federal and all state levels. Written by attorneys, it is divided into three sections that examine the requirements for obtaining an injunction, the issues that should be considered before filing, and the procedures for filing motions related to injunctive relief. This title also contains a bibliography, a table of cases, and an index. AL

Consumer Protection

by Carolyn Carter — National Consumer Law Center, 2015. 1136 pages.
KF 919 C6 S42

The fourth edition of this title from the National Consumer Law Center provides a comprehensive treatment of warranty law. Specific topics covered include the Magnuson-Moss warranty act, express warranties, implied warranties, ways to beat warranty disclaimers, breaches of warranties, used cars, service contracts, leases, and UCC remedies and damages. Additional appendices provide state-by-state analyses of lemon laws, service contract laws, and new home and condo warranty laws. Also includes sample notices of rejection, revocation, and deduction of damages, sample complaints, sample discovery, and sample trial documents. Also a companion website for use in the library.

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

Criminal Law

by American Civil Liberties Union — American Civil Liberties Union, 2010. 90 pages.
KF 9039 I54

The ACLU investigated the assessment and collection of legal financial obligations [LFOs] in five states: Louisiana, Michigan, Ohio, Georgia, and Washington. The report, conducted over the course of a year, shows how indigent defendants are imprisoned for failing to pay legal debts they can never hope to manage. Key findings center on the hardships men and women have to face when re-entering society after being jailed for failure to meet their LFOs and the economic waste made by fruitless efforts to extract payments from defendants whio may be homeless, unemployed or simply too poor to pay.

Available electronically: http://www.aclu.org/files/assets/InForAPenny_web.pdf

by Stephen Schulhofer — Cato Institute, 2010. 23 pages.
KF 9646 S33

Professors of Law, Stephen Schulhofer and David Friedman, make an analysis and pose a new framework for indigent defense that borrows heavily from free market principles. They argue that budgetary vulnerability and implicit conflicts of interest are inherent in any system where the defendant's attorney is chosen for him or her by the state. They further argue that allowing freedom of choice for the indigent defendant can produce gains for both the individual and the publ;ic at large. A detailed dicussion of how such a free market system should be implemented accompanies their analysis.

Available electronically: http://www.cato.org/pubs/pas/pa666.pdf

by Alicia Bannon — Brennan Center for Justice, 2010. 63 pages.
KF 9039 B36

A report on state-imposed “user fees,” financial obligations imposed over and above fines or restitution in the context of criminal convictions . The report covers fifteen sample states and examines the hidden costs to communities and taxpayers, noting that not one of the states has conducted studies to assess whether the revenue collected from the fines exceeds the costs to administer them. The report concludes that criminal justice debt imposes unfair collateral consequences upon defendants and creates de facto “debtor’s prisons.”

Available electronically: https://www.brennancenter.org/publication/criminal-justice-debt-barrier-reentry


by Kern Alexander — Thomson West, 2009. 593 pages.
KF 4119 A4

This title, intended for teachers and education professionals, examines federal and state laws governing school operation in plain English. Potential contentious issues are discussed such as curriculum, freedom of speech, religion in public schools, search and seizure, discipline, discrimination, the education of disabled children, student records and student testing. Also covered is the information on employment terms for teachers, teacher's constitutional rights and teacher dismissal. The text looks that education law in terms of case law, statutory law, and constitutional law.

Elections & Campaign Finance

by Justin Levitt — Brennan Center for Justice, 2010. 133 pages.
KF 4905 L4

The 2010 census has been completed, so now comes the time to for electoral districts within each state to be redrawn to reflect the population changes. This guide explains the theory and process of redistricting in the hopes that citizens will take an active role in the creation of these districts. How the lines are drawn profoundly affects how well citizens are represented. Being involved in the creation of the districts is equally important to a citizen’s political representation as voting in the elections. This guide explains the complexities of the in plain English and will enable citizens to have an educated voice in and understanding of redistricting. Information specifically on Texas redistricting is available on the Texas Legislative Council’s website http://www.tlc.state.tx.us/redist/redist.html

Available electronically: http://brennan.3cdn.net/7182a7e7624ed5265d_6im622teh.pdf


by David H. Kaye — Aspen, 2011. 806 pages.
KF 8935 A1 N49EX

This is a discussion of the rules and principles of expert evidence. This book looks at and evaluates major trends and variations in the approaches to expert evidence. Some of the topics discussed are subject matter of and need for expert testimony, expert qualifications, treatises and other learned writings, standards for scientific evidence and forensic science and identification.


by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 4819 A2 S7

This CLE item from the State Bar of Texas is from the advanced immigration law course that took place in February of 2010 in Houston. It contains 17 chapters, each of which covers the advanced immigration topics covered at the live event. In total, this title contains 13 CLE hours, 3.75 of which count for ethics. (AL)

View the table of contents [PDF].

by Catholic Legal Immigration Network — American Immigration Lawyers Association, 2010. 403 pages.
KF 4819 I45 R48

This title pulls together information from many immigration practitioners in order to extensively treat removal proceedings. The book began as a series of training guides written by staff from the Catholic Legal Information Network, Inc., and has been updated, revised, and adapted into this current version. Also included are a list of relevant federal forms and a handful of sample forms.

Available electronically: http://ezproxy.sll.texas.gov:2048/login?url=http://ailalink.aila.org/#documents/36631

Intellectual Property

by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 3155 A75 A3

This CLE was held July 29-30 in San Antonio. Topics presented on include "Doing more with less money" from both the plaintiff's and defense perspectives, "effectively managing litigation for in-house counsel","false marking 35 U.S.C. §292", patent damages, "post-judgment remedies in a post-Ebay world", experts at trial, and "preserving error for appeal."

View the table of contents [PDF].

Law Practice Management

by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 318 P47

These are the State Bar materials for the November 19, 2010 seminar held in Austin, TX. Topics discussed included 'Mapping your firm from beginning to end', 'How to efficiently manage your client's case', 'Legal technology trends', 'Protecting your client's data', 'Best practices to avoid common grievances', and 'Virtual law practice'.

View the table of contents [PDF].

by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 446 S77

This two day CLE on damages and fees was held in Dallas in February, 2010. Specific presentation include "papering your damages before trial", "contracting for attorney fees", expert witness fees, sanction fees, "pleading damages within insurance coverage", damages in employment law, lost wages, exemplary damages, proprotionate responsibility, and damages to person and real property.

View the table of contents [PDF].

Legal Ethics

by Lawrence J. Fox — American Law Institute, 2010. 306 pages.
KF 306 F69

This title discusses ethics and professional responsibility for the legal practitioner. The authors focus on what they refer to as the "4 Cs" of legal ethics: communication, competence, confidentiality and conflicts of interest resolution. The book provides various questions and answers for ethics situations to guide attorneys through the American Bar Association's Model Rules of Professional Conduct. The book also covers remedies, determining when to seek advice, and methods of getting assistance. (as)

Legal Reference

by Shae Irving — Nolo Press, 2016. 494 pages.

A desk reference on everyday legal questions designed for the layman, this volume covers family law, real estate, neighbors, landlord tenant issues, money, cars and driving, wills, criminal law and mediation. Chapters on topics helpful to the small business person are also included. An appendix contains a guide to legal research, including the best legal websites, an explanation of legal citations, how to find legal forms, and good resources for further research.

Legal Research and Writing

by Matthew Butterick — Jones McClure, 2010. 216 pages.

This book explains how to get professional results with the word processing tools you already have - quickly and easily. It will take you from the basics of type composition to advanced page-layout techniques. Topics include special keyboard characters, line length, point size, font choice, headings, and hyphenation. The book also includes tutorials on common types of documents like résumés, research memos, letterhead and motions.

by Shae Irving — Nolo Press, 2016. 494 pages.

A desk reference on everyday legal questions designed for the layman, this volume covers family law, real estate, neighbors, landlord tenant issues, money, cars and driving, wills, criminal law and mediation. Chapters on topics helpful to the small business person are also included. An appendix contains a guide to legal research, including the best legal websites, an explanation of legal citations, how to find legal forms, and good resources for further research.

Medical Malpractice

by Michael P. Penick — Thomson West, 2010. 2 volumes.
KFT 209 T4 V.44-44A

Now in its 3rd edition, Medical Malpractice provides a good theoretical and procedural overview of malpractice actions in the health care field. The first volume includes updated chapters specifically addressing Texas law on liability, damages, insurance issues and settlement. The second appendix volume provides drafting guides for a wide variety of actions and discovery aids as well as reprinting relevant provisions of the Texas Administrative Code. The text is also available electronically in the library via our Westlaw Patron Access subscription.


by Keith Branyon — James Publishing, 2017. 1 volume.
KFT 765 B73

This title provides forms, tips, and law to improve effectiveness and efficiency in many probate-related transactions. Topics include everything from engagement and administration to creditors and contested matters.

Public Information and Records

by Texas Association of Counties — Texas Association of Counties, 2010. 34 pages.
KFT 5105.5 O6

This handbook is intended to outline the Open Meetings Act for county judges and commissioners and their staff. It covers the basics of the Act, including telephone and videoconferencing, an overview of the legalities of notice, and procedures and permissible reasons for closed meetings. Attention is given to violations of the Open Meetings Act, including criminal penalties, specifics on criminal liabilities of judges or commissioners, removal from office, civil sanctions, and legal standing. The appendix includes sample forms.

Water Law

by John W. Johnson — CRC Press, 2009. 471 pages.
KF 645 J64

Water is the stuff of life and increasingly litigation. The federal government and the states are called upon to protect the quality and the availability of water for a number of competing interests. There are also private property rights that must be preserved. This introductory text serves as a primer on the development water law and policies in United States. The glossary of hydrological terms is helpful to those new to the topic. The appendices included numerous references and links to state and federal statutes and regulatory agencies.

page last updated: 23 May 2018 9:25 PM