Duly Noted

Duly Noted — April/May 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.

Alternative Dispute Resolution

by State Bar of Texas — State Bar of Texas, 2011. 1 volume.
KFT 505 C73

This title contains 22 articles examining the practice of collaborative law in Texas, including an overview of The Uniform Collaborative Law Act, two “case autopsies” – a case from heaven and a case from hell --and an example of an appeal of a collaborative case. Four workshops deal specifically with preparing for and negotiating financial settlements. Other workshop titles include, “Learning from Each Other: Things You Always Wanted the Other Disciplines to Know,” “A Little Constructive Criticism: How to Give It and How to Take It,” and “Expanding our Horizons: Innovative Ways to Grow Your Collaborative Practice.”

View the table of contents [PDF].

by Xavier M. Frascogna — American Bar Association, 2009. 239 pages.
KF 300 F7

This text offers lawyers a consistent approach to the art of negotiation. It offers practical advice on the power of leverage and how to use it. Other topics covered are preparation, how to seize control, tactics to improve your bargaining position, counterattacks and how to deal with setbacks.There is also some discussion of guidelines for successful business negotiations and negotiating settlements.

Appellate Practice

by State Bar of Texas — State Bar of Texas, 2011. 1 volume.
KFT 9050 H36

This CLE course book is from the State Bar's one-day seminar held in Austin, Texas, on 18 February 2011, and it counts for 6 credit hours (1.25 ethics). The course directors are Brett Busby, Chat Baruch, and Abhay Dhir. Some of the topics covered include how to draft and perfect your appellate briefs and filings, the role of reasoning and persuasion in appeals, a lawyer's first oral argument, rehearing and petition practice in the higher courts, and mandamus and interlocutory appeals. Also included is bonus reading material detailing strategies for practicing lawyers on how to deal with anxiety, addiction, and depression.

View the table of contents [PDF].

Banking and Finance

by Uniform Commercial Code Committee — American Bar Association, 2009. 444 pages.
KF 1048.5 F67

This title is intended for practitioners working of either party of a secured transaction. This second edition includes 15 types of security agreements as well as a closing checklist, a lien search chart, and a payoff letter. Specific chapters cover creating, perfecting, and enforcing the security interest as well as a chapter containing miscellaneous forms. Also available is a CD ROM that contains blank copies of all the forms in the book.


by Shayna Steinfield — American Bar Association, 2008. 346 pages.
KF 1535 D58 S74

This title focuses on bankruptcy in divorce proceedings. It looks at domestic support obligations including those that cannot be discharged, and how bankruptcy may modify or void divorce decrees. It looks at types of bankruptcy cases, such as chapter 11, and includes several appendices for bankruptcy terms and forms. Also available is a CD-ROM which contains digital copies of the appendices including official forms.

by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 1524 S7AC

This two day seminar was presented in Dallas in June 2010. Topics covered include recent developments in consumer bankruptcy, post-filing collection activity, chapter 13, tax issues in bankruptcy litigation, RESPA, domestic support obligations, and the bankruptcy appeals process.

View the table of contents [PDF].

Business and Commercial Law

by State Bar of Texas — State Bar of Texas, 2011. 1 volume.
KFT 1649 A75 E87

This annual course covers such business law topics as commercial loans, selling a business, business insurance, and choice of entity. The workshop also offers primers for the corporate attorney on potentially unfamiliar areas such as intellectual property, litigation, and family law.

View the table of contents [PDF].


by John D. Calamari — Thomson West, 2010. 576 pages.
KF 801 Z9 C27

These outlines are designed to help the reader recognize and understand the basic principles and issues of contracts. They can be used both as a study aid and as a review of the law of contracts. Some of subjects covered include legal capacity, conditions, performance and breach, defenses and contract remedies.

Criminal Law

by Robert Barton — Juris, 2010. 925 pages.
KFT 9630 B3

This title is designed to be a practical guide for attorneys and judges on issues of search and seizure. It includes section synopses, practice aids, a topical index and cross-references and covers arrests, searches and seizures with and without warrants. It addresses current issues such as search warrants for electronic communications and mobile tracking devices.

Criminal Procedure

by State Justice Institute — National Center for State Courts, 2008. 30 pages.
KF 8732 U55

This report from the National Center for State Courts, the group who created the Trial Court Performance Standards, discusses the development of framework to increase court’s ability to implement performance measurement. The report is organized into the five sections with the first discussing the need for a framework. The second section introduces the idea of “the balanced scorecard” in developing the framework and also discusses CourTools inclusion in the framework. The third section discusses the proposed performances in relation to child welfare, drug courts, and appellate courts. The fourth section reviews the focus groups findings and lists possible revisions to the framework. The final discusses future measures and provides suggestions.

Available electronically: http://contentdm.ncsconline.org/cgi-bin/showfile.exe?CISOROOT=/ctadmin&CISOPTR=1079


by Paul Grimm — American Bar Association, 2009. 444 pages.
KF 8900 G75

This resource describes the problems civil litigators encounter most often during pretrial discovery and offers strategic methods to solve them. Following a background discussion on the scope and types of discovery, discovery problems are presented in a hypothetical manner replete with applicable law and practice tips. Topics include interrogatories, document requests, mental and physical examinations, depositions, experts and more.

Drivers and Driving

by Texas Department of Transportation — Texas Department of Transportation, 2010. 1 volume.
Ref Desk KFT 2230 M3

This updated edition continues to focus on operational and licensing responsibilities for motor vehicle licensees. It focuses on the administration of the Transportation Code and Chapter 2301 of the Occupations code. In addition to licensing information it covers dealer operations, titling, sales tax, leasing, cash sales, and the lemon law.

Family Law

by State Bar of Texas — State Bar of Texas, 2010. 1 volume.
KFT 9323 F36

This Continuing Legal Education workshop focuses on legal issues affecting children in crisis, including sections on representing the parents in an abuse and neglect case, DNA testing in a child support context, protecting children from the consequences of domestic abuse, an overview of assistance programs available in Texas to facilitate permanency goals, and resources available to attorneys ad litem for foster children. Additional topics include: an update of termination case law, an overview of a 263.404 hearing, and ethical considerations of mediation in CPS cases.

View the table of contents [PDF].


by Duncan Clore — American Bar Association, 2008. 1033 pages.
KF 1225 F55

This title provides in-depth coverage of financial institution bonds including recent developments in case law. Topics covered include the history of financial institution bonds, employee dishonesty, who constitutes a covered employee, discovery of loss, insuring agreements, and the loan loss exclusion. Third edition includes recent revisions of the Financial Institution Bond, Standard Form No. 24, and the Financial Institution Crime Policy for Bands and Savings Institutions.

Judges and Judicial Conduct

by James Sample — Justice at Stake Campaign, 2010. 108 pages.
KF 8776 S26

A report by the Justice at Stake Campaign, the Brennan Center for Justice at NYU School of Law, providing a comprehensive review special interest pressure on judicial courts. Notable trends unearthed by the report include an upsurge in judicial campaign spending with significant funding coming from organizations seeking to sway court decision, a parallel growth in costly TV attack ads among state Supreme Court candidates, the emergence of state and national campaigns to tilt judicial elections, and growing public concern about the threat to fair and impartial justice.

Available electronically: http://justiceatstake.org/media/cms/JASNPJEDecadeONLINE_EC9663F6F7865.pdf

Juries and Jury Instructions

by State Bar of Texas — State Bar of Texas, 2011. 1 volume.
KFT 8976 C5

This CLE course book is from the State Bar's 15th annual "Choosing and Courting a Jury" seminar held in Houston, Texas, on 25 March 2011. The course counts for 6.75 credit hours (.75 ethics). The course directors, Lisa Blue and Robert Hirschhorn, specialize in and are recognized for their work on jury selection. Covered are the law on voir dire, tips for an effective voir dire, the ethics of a litigator, the art of storytelling, voir dire demonstrations, and case presentations.

View the table of contents [PDF].

by State Bar of Texas — State Bar of Texas, 2015. 1 volume.
KFT 8984 S7 C77

This title contains general charge language, special instructions, a complete general charge and extensive commentary. Instructions on most defenses are provided, including: entrapment, necessity, self-defense, defense of property and defense of others.

Law and Economics

by Richard Posner — Aspen, 2011. 1009 pages.
KF 381 P6

This is a texbook-treatise on the economic analysis of legal rules and institutions. The breadth of coverage includes almost the whole legal system with an emphasis on "the legal regulation of nonmarket behavior." Topics discussed include the nature of economic reasoning, property, the theory of monopoly, financial markets, taxation and the process of legal rulemaking.

Law Practice Management

by Denton County Collaborative Professionals, Inc. — Denton County Collaborative Professionals, 2010. 57 pages.
KF 505 M44

Collaborative law places the emphasis on settling disputes by having both sides define their “fundamental interests” in the dispute. Once each party identifies the outcome they want to achieve, they each look for various options that will get them there. In addition to the parties and their respective attorneys, the “collaborative team” can include a neutral mental health professional and a neutral financial professional. Together this group assists the disputing parties negotiate a resolution that “honors” each party’s interests. Written by the Denton County Collaborative Professionals, Inc., this volume is of particular relevance to Texas. Additional publications and relevant websites are included for further research.

Legal Research and Writing

by Judicial Conference of the United States — Judicial Conference of the United States, 2009. 5 pages.
KF 250 G85 2009

In 2009, the Judicial Conference “directed Administrative Office (AO) staff to work with the Court Administration and Case Management Committee to develop guidelines to assist judges in determining whether and how to use citations to Internet sites, preserve cited materials, and use hyperlinks in the opinions and orders.” Increasingly Internet resources and web pages are being incorporated into legal opinions. The transitory nature of many of these sources is problematic. So that these Internet references can be retrieved as part of the opinion, a method of preserving the citations to Internet resources is recommended. The guidelines also attempt to recommend best practices in citing to these resources over more traditional legal material.

Available electronically: http://www.inbar.org/LinkClick.aspx?fileticket=hptDW9DIhFY%3D&tabid=356

Local Government

by Paul Sugg — Texas Association of Counties, 2010. 1 volume.
KFT 5698 C68

Intended primarily for commissioners courts, county attorneys, and county engineers, this title aims to help county officials devise subdivision regulations. The authors note that counties experiencing rapid residential development growth in unincorporated areas would benefit best from this treatise. This 2010 update reflects new legislation, recent judicial opinions, and modified state regulations. Included are the text of Chapter 232 of the Local Government Code, historical notes, a glossary of terms, related statutes, and sample subdivision regulations for both Hays County and Hunt County. Also of note are special sections on colonias, manufactured home rental communities, and Groundwater Availability Certification. Includes sample forms.

Available electronically: https://www.county.org/member-services/legislative-updates/information/Documents/County-Subdivision-Regulation-Sourcebook.pdf

Public Utilities

by James McGrew — American Bar Association, 2009. 294 pages.
KF 2120 M34

This book is a good starting point for those who want to research FERC related issues. It looks at the history of FERC and covers the applicable statutes. It goes on to cover FERC rules of procedure and the various ratemaking and rulemaking covered by FERC. It includes several appendices which cover key cases and frequently asked questions.


by Stephanie Scharf — Practising Law Institute, 2009. 1 volume.
KF 1296 P76

Featuring case studies, checklists, sample documents, and other practical resources, this title is intended to assist the attorney in strategizing consumer product liability cases from start to finish. It provides up to date regulatory information, including product safety standards, which may assist in limiting liability exposure of clients.

by Linda Schlueter — Lexis Nexis Matthew Bender, 2015. 2 volumes.
KF 1250 S34

This two-volume set covers tort reform state by state, as well as pretrial, trial, and post-trial strategies. Due to the increased interest in foreign legal systems, this title now includes discussion on comparative law. Now in its sixth edition, this thorough treatise set has been cited by many courts including the United States Supreme Court.

Trial Practice

by Douglas Laycock — Aspen, 2010. 1062 pages.
KF 9010 L393

This fourth edition of the title contains 36 new principal cases and includes a completely rewritten chapter on restitution that reflects changes in the Restatement (Third) of Restitution and Unjust Enrichment . Topics include compensatory damages, punitive remedies, injunctive relief, declaratory remedies, ancillary remedies, fluid-class and cy pres remedies. Present Value Tables are included as an appendix, along with an updated Table of Cases.

page last updated: 23 May 2018 9:25 PM