Duly Noted

Duly Noted — February/March 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.

Constitutional Law


by William J. Rich — Thomson West, 2011. 3 volumes.
KF 4546 R47

This three-volume treatise is a highly in-depth study of modern constitutional law by Rich, a professor of law at Washburn University's School of Law. Broadly speaking, it covers constitutional litigation; speech, association, and religion; liberty and equality; federalism; separation of powers; civil justice; and criminal justice.

Construction Law


by Eugene Heady — Aspen, 2009. 1221 pages.
etext

This electronic resource keeps you current with the changes to the construction industry’s standard form contracts, including the American Institute of Architects (AIA) and Engineer Joint Contract Documents Committee (EJCDC) documents. It also includes "Consensus DOCS" created by agreement among various construction contractor, subcontractor, owner, and surety trade associations. It provides clause by clause comparisons highlighting the differenece between the standard contracts and guidance on what text to include depending on the desired result. This resource is available on our legal reseach terminals. Bring a thumb drive to copy the information you need.

Available electronically: http://www.loislaw.com/pns/index.htp?content=/pns/tcresult.htp&logauto=TCAUTO&alias=ASALCSCC

by American Bar Association — American Bar Association, 2008. 556 pages.
KF 902 C59

This title provide construction lawyers with checklists as to assist in drafting of contracts and preparing for litigation. The checklists cover a range of topic including contracts, contract administration, and all phases of claims and disputes (pre-filing, pre-trial, discovery, and trial). Also included are topical lists on labor and employment, government contracting, international contracting, and general lists. Also available is a CD-ROM that contains the checklists.

Consumer Protection


by Willy Rice — Cognella, 2011. 740 pages.
KFT 1609 R53

This casebook explains how to collect damages in a defective-trade-and-products lawsuits by presenting a comprehensive analysis of state and federal consumer-law and insurance-defense decisions. Statutes covered include the Uniform Deceptive Trade Practices Act, the NAIC Model Unfair Methods of Competition and Unfair or Deceptive Practices Act and the NAIC Model Unfair Claims Settlement Practices Act.

Contracts


by John T. Boese — Aspen, 2011. 2 volumes.
KF 849 B622

This treatise provides an comprehensive analysis of the Civil False Claims Statute, from establishing the merits of a whistleblower claim to determining the amount of the plaintiff's award. It collects, organizes, and interprets controlling case law as well as relevant statutory whistleblower provisions, rules and regulations that apply to the issues under discussion.

by American Bar Association — American Bar Association, 2008. 556 pages.
KF 902 C59

This title provide construction lawyers with checklists as to assist in drafting of contracts and preparing for litigation. The checklists cover a range of topic including contracts, contract administration, and all phases of claims and disputes (pre-filing, pre-trial, discovery, and trial). Also included are topical lists on labor and employment, government contracting, international contracting, and general lists. Also available is a CD-ROM that contains the checklists.

Courts


by Christopher Davey — Conference of Court Public Information Officers, 2010. 102 pages.
KF 8732 D39

This report provides thorough coverage of the numerous new media technologies (microblogging, media sharing, etc.), discusses the impact of these services on court administration and ethics, and offers insight in to future trends to help court public information officers strategically plan for the future.

Available electronically: http://www.ccpio.org/documents/newmediaproject/New-Media-and-the-Courts-Report.pdf

Criminal Law


by Lawrence Taylor — Aspen, 2010. 1580 pages.
KF 2231 T39

A treatise that includes information on the chemical, biological and technological concepts and issues underlying DUI prosecution and defense. Key areas defects inherent in blood and breath analysis, correlations between blood alcohol concentration and actual impairment, the effects of stress and cold weather on alcohol absorption, and the affect of acetone in breath tests taken by diabetics and dieters. In addition, provides a walk through of legal process and procedure tailored to DUI cases.

by Arnold Loewy — Thomson West, 2009. 347 pages.
KF 9219 L6

This guide helps you gain an overview of and develop perspective on the area of criminal law. Expert discussion explores punishment, specific crimes, and the ingredients of a crime such as mens rea and actus reus. Other topics covered include special defenses, the burden of proof, and inchoate and group criminality. It also reflects on the limitations of criminal law.

by Texas Criminal Justice Coalition — Texas Criminal Justice Coalition, 2010. 99 pages.
KFT 9730 C67

The report provides an overview of the demographics, funding sources and expenditures of County jails in Texas. It lists the ramifications of jail overcrowding and discusses ten major contributors to jail overcrowding, with suggested policy solutions to specific stakeholders in the system, including Judges, district attorneys, county commissions and jail administrators. It seeks to be a go-to guide for Texas agencies and organizations interested in creating more efficient and cost-effective corrections and diversion County Jail models.

Available electronically: https://www.texascjc.org/system/files/publications/Costly%20Confinement%20Sensible%20Solutions%20Report%20(Oct%202010).pdf

Discovery


by Jan Mills Spaeth — American Bar Association, 2008. 1 DVD.
DVD KF 8900 S68

This video prepares witnesses for a deposition. They learn what a deposition is and why it is needed, how to be a good witness and the 10 C's of credible deposition testimony. It also includes a take-home booklet to further reinforce the lessons learned.

Drivers and Driving


by Lawrence Taylor — Aspen, 2010. 1580 pages.
KF 2231 T39

A treatise that includes information on the chemical, biological and technological concepts and issues underlying DUI prosecution and defense. Key areas defects inherent in blood and breath analysis, correlations between blood alcohol concentration and actual impairment, the effects of stress and cold weather on alcohol absorption, and the affect of acetone in breath tests taken by diabetics and dieters. In addition, provides a walk through of legal process and procedure tailored to DUI cases.

Elder Law


by American Bar Association — American Bar Association, 2009. 300 pages.
KF 390 A4 Y67

This book focuses on the issues affecting the elderly. It's a reference guide for caregivers that offers practical guidance on navigating legal issues, developing a care plan, choosing housing options, making healthcare decisions and helping your parents manage a changing lifestyle. Some of the topics discussed are money matters, in-home assistance, transportation and protecting your parent.

Environmental Law


by Charles Monroe Haar — Environmental Law Institute, 2010. 608 pages.
KF 5692 H23

The authors of this text identify and explore intersections between land-use planning law and environmental regulation. Increasingly, local and state governments share in the regulatory responsibility for environmental protection with the federal government. Also discussed are the hot-button topics of regulatory takings issues and zoning. This text "offers a unique strategy for addressing these overlapping and, at times, conflicting administrative regimes." Throughout the book, the authors explicitly identify and explore intersections between land-use planning law and environmental regulation. Professors, students, and law and planning practitioners with strong backgrounds and exposure to “traditional” environmental law will find these intersections a timely opportunity to examine familiar topics from a different perspective.

Juvenile Law


by Chris Hubner — Texas District and County Attorneys Association, 2010. 182 pages.
KFT 9810 H83

This second edition of Juveniles, covers law enforcement roles such as a police officer taking juvenile offenders into custody as well as detaining and releasing a juvenile. It also covers the prosecutor's role in the juvenile system with chapters on Pretrial Procedures and Adjudications, the Disposition Hearing, and Post Disposition Proceedings.

by Texas Attorney General — Texas Attorney General, 2009. 45 pages.
KFT 9779 J8 2009

This title provides an overview of the modern juvenile justice system in Texas. It is intended for law enforcement, parents, educators and anyone seeking information about the juvenile court process and the youth who become involved in the system. Special attention is given to the new chapter in the Texas Family Code titled Rights and Responsibilities of Parents and Other Eligible Persons. The volume includes updates from the 81st Legislative Session.

Available electronically: http://www.oag.state.tx.us/AG_Publications/pdfs/juvenile_justice.pdf

by Barry Feld — Thomson West, 2014. 377 pages.
KF 9780 F45

This second edition of the title provide a succinct overview of the law for students studying juvenile justice, for lawyers who do not regularly practice in juvenile court, and for legislators and policy officials involved in juvenile justice law reform efforts. New in this edition are sections on the “Get Tough” Policies of the 1970’s and 1990’s, reassessing adolescent competence and a discussion of “blended sentencing.”

Labor and Employment


by State Bar of Texas — State Bar of Texas, 2011. 1 volume.
KFT 3319 A3N

This two day CLE class was held in Austin in January, 2011. Presentations included harassment and gender discrimination, wage and hour collection actions, discovery battles: written and e-discovery, ethical issues for lawyer/client, partner/association and lawyer/lawyer relationships, Whistleblowers in the age of stimulus, legal writing for the rewired brain, ICE heats up: worksite enforcement at all-time high, opening statements, ADA/Interactive Process, and deposition tactics and techniques: getting the answers you want.

View the table of contents [PDF].

Medical Malpractice


by Thomas A. Moore — Practising Law Institute, 2002. 2 volumes.
KF 8925 M3 M66

Thomas Moore, a noted medical malpractice expert and author of this 2 volume set prepares you to represent an injured client or oppose such an action. He guides you from the initial evaluation of a client's claim through the pleadings and discovery phase of the action and on to preparation for trial. In case you don't win there, the appeals process is also covered. Further guidance is given by the numerous exhibits from actual cases.

Natural Resources


by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 1849 S7

This two day continuing legal education course ewas held in Houstin in September 2010. Topics covered include a case law update, geothermal resources, federal and state regulatory issues, pipelines under Texas, ethics in negotiations, production payments, letter agreements, municipal regulation, executive rights, oil and gas taxation, and internal investigations.

View the table of contents [PDF].

Oil and Gas


by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 1849 S7N

This one day seminar on oil and gas resources was originally presented on September 15, 2010 in Houston. It covers the basics of oil and gas leases, implied covenants in the oil patch, and gives an overview of the Texas Title Examination Standards. It also includes a section on wellness and the Texas Lawyers Assistance Program.

View the table of contents [PDF].

by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 1849 S7

This two day continuing legal education course ewas held in Houstin in September 2010. Topics covered include a case law update, geothermal resources, federal and state regulatory issues, pipelines under Texas, ethics in negotiations, production payments, letter agreements, municipal regulation, executive rights, oil and gas taxation, and internal investigations.

View the table of contents [PDF].

Privacy


by Federal Trade Commission — Federal Trade Commission, 2010. 1 volume.
KF 1262 P7

This December 2010 preliminary staff report by the Federal Trade Commission develops a framework for businesses to follow with respect to privacy and consumer information. This framework is specifically aimed at all commercial entities that collect or use consumer data that can be reasonably linked to a specific consumer, computer, or other device and was spurred the rapid shift to doing business electronically. A highly recommended title for any entity that deals with consumer privacy.

Available electronically: http://www.ftc.gov/os/2010/12/101201privacyreport.pdf

Real Property


by Gregory Cagle — Two Harbors Press, 2017. 867 pages.
KFT 576 C34

Written by an Austin-based attorney experienced in representing homeowners and homeowners associations, this title serves as an all-encompassing guide to the Texas and federal laws governing homeowners associations. Cagle writes about both the administration and operation of associations, the rights, duties, and responsibilities of associations, and answers common questions along the way. Also included are sample forms, case citations, and subject indexes.

Taxation


by Commerce Clearing House — Commerce Clearing House, 2010. 1 volume.
KF 6289 T39

This volume is a handy compilation of the major 2010 tax legislation that extends the Bush-era individual and capital gains/dividend tax cuts for all taxpayers for two years. It includes the full text of the Tax Relief Act, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, and the Regulated Investment Company Modernization Act of 2010. Also included are the Joint Committee on Taxation's technical explanation of both Acts.

Torts


by Stephen Easton — American Bar Association, 2008. 770 pages.
KF 8961 E17

This volume provides detailed information on challenging the opinions of adverse experts. The guide is divided into six sections with the first section discussing gathering information on adverse experts through discovery and independent methods. The second section covers taking a deposition: how to prepare, questioning techniques, and post-deposition assessments of adverse experts. The next section discusses filing a motion to disqualify. The last two sections deal with the actual trial looking first at cross-examining the adverse expert and finally “finishing the job” in closing statements and appeals. Also available is a CD-ROM which contains appendix materials on critical rules, statutes, and cases in every state.

Trial Practice


by Jan Mills Spaeth — American Bar Association, 2008. 1 DVD.
DVD KF 9672 S63

This is a video for trial witnesses. The do's and don'ts of trial testimony are discussed. The DVD addresses what the witness should expect in terms of environment, questioning, procedure, and good, conservative advice for attire, demeanor, grooming, and attitude. It features sample questions, positive and negative responses (some filmed in an actual courtroom setting), and stresses the essentials for credible, convincing testimony. It also includes a take-home booklet to further reinforce the lessons learned.

page last updated: 25 Feb 2013 10:49 AM