Duly Noted

Duly Noted — December/January 2012

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 Jennifer Fairfax — American Bar Association, 2011. 479 pages.
KF 545 F35

This is a concise resource that explains all aspects of handling an adoption case. It includes chapters on public and private agency adoption, as well as independent adoption. The apendices also contain sample adoption forms and agreements.

Alternative Dispute Resolution


by American Arbitration Association — Juris, 2011. 1 volume.
KF 9084 A37

This title is an annual survey of important developments in arbitration and the law, published for the first time since 2007. The first part provides analysis of the latest relevant opinions from the United States Supreme Court, the United States Court of Appeals and state supreme courts. The second part features articles on a wide range of arbitration topics, including information about the activities of the AAA itself as well as the international AAA/ICDR.

by Jerome S. Levy — Thomson West, 2013. 1 volume.
KFT 209 T5 ADR

Now in easy to use pamphlet format, this title provides the practitioner with a comprehensive overview of the alternative dispute resolution process. It includes strategies, tips, examples, and sample forms with references to relevant Texas laws, rules, and regulations.

Bankruptcy


by Lawrence R. Ahern — Thomson West, 2011. 1 volume.
KF 1298 E597

written for attorneys this book looks at an overview of bankruptcy law and enviromental law. It then looks at where those two areas of practice intersect with regards to abandoment of contaminated property, administrative priorties for environmental obligations, environmental obligations as a lien, discharge of environmental obligations, and liability of third partites for environmental obligations. The book includes a table of laws, rules and cases.

Business and Commercial Law


by David H. Bernstein — Law Journal Press, 2011. 1 volume.
KF 1614 B47

This book provides in depth information regarding advertising law. It covers special advertising issues such as political advertising, online advertising, advertising to children, false advertising, and remedies. It also looks at deceptive advertising, claim substantiation, disclosures, and disclaimers. The authors include additional coverage on intellectual property rights, sweepstakes, contests, and direct marketing.

Business Organizations


by Robert Brown — American Bar Association, 2011. 598 pages.
KF 1355 E46

This book was written for both attorneys and entrepreneurs looking to establish an emerging company. It covers the entire lifecycle of a new business from its organization and development to its sale. It addresses issues such as tax aspects, financial reporting, intellectual property, product development, public relations, online business activities, and estate planning.

by Joseph W. Boucher — James Publishing, 2011. 786 pages.
KF 1380 B68

This book contains sample LLC and partnership agreements. It looks at entity choices as well as drafting advice for various industries such as agricultural, construction, wholesale, retail, insurance, technology, and medical devices. It includes a searchable CD-Rom of sample forms.

Constitutional Law


by Gordon Lee Weil — Arthur McAllister Publishers, Inc., 2010. 3 volumes.
KF 390.5 J8 U6

This three-volume reference set is a compilation of all U.S. Supreme Court cases in which the SCOTUS had original jurisdiction. Spanning from 1793 to 2010, these cases are presented chronologically and deal with litigation where the parties are ambassadors and consuls, citizens of different U.S. states, one state against citizens of another state, a state against the U.S., or two or more states. For each SCOTUS case, all court opinions are reprinted and a case history is also included. Also included are essays that explain original jurisdiction in the SCOTUS and an index to all cited cases.

Consumer Protection


by Amy Lavine — Social Science Research Network, 2011. 45 pages.
KF 1040 L38

In Texas, payday lenders are generally considered "credit services organizations," as defined by chapter 393 of the state's Finance Code. And while Texas, along with most other states, regulates these lenders at the state level, local governments have begun using zoning ordinances to restrict the operations of these lenders that are usually described as predatory. This informative essay by a staff attorney at the Albany Law School provides a solid understanding of how this industry functions and the various methods that municipalities have used to regulate these lenders. Also included is an appendix that lists municipal ordinances from across the US that regulate payday lenders.

Criminal Procedure


by Michael B. Charlton — Texas Criminal Defense Lawyers Association, 2009. 333 pages.
KFT 9630 C43

This book was originally authored by Michael B. Charlton in 2006 and was updated by R. Kelly Price in 2009. Charlton states: “This book’s sole purpose is to provide both an overview of the Fourth Amendment and the Texas law construing it and to provide citations in order that the practitioners can quickly find cases they need.” Published by the Texas Criminal Defense Lawyers Association, this is an excellent addition to the addition to the practitioner’s library.

Debtor and Creditor


by Alan Eber — James Publishing, 2008. 1 volume.
KF 9025 E24

Written by an asset protection expert, this volume provides the practitioner with all the tools necessary to proper protect inheritances. Methods and means discussed start by covering simple living trust modifications and continue through complex international asset protection structures. Specific chapters cover fraudulent transfers, strategic planning, domestic trusts, international asset protection trusts, corporations, family limited partnerships, limited liability companies, and insurance. Included are 64 forms as well as diagrams that provide a helpful visual of different structures. Also available is a CD-Rom which can be requested at the library’s reference desk. Latest supplement received February 2011.

Education


by Joshua M. Dunn — Brookings Institution, 2009. 275 pages.
KF 4119 F76

Put out by an education-policy think tank, this book serves as a survey of education-focused litigation from the past 30 years. It is divided into three parts. The first provides context and helps to frame the discussions included in the book. The other two look at both issues that are generally considered to be settled (desegregation, school finance, special ed) and those that are still in contention (religion, discipline, and No Child Left Behind).

Elections & Campaign Finance


by Gerald Hebert — American Bar Association, 2010. 89 pages.
KF 4905 R39

In this brief title, the authors seek to provide a realistic view of the redistricting process—realistic in that it takes into account that a state's districting plans will not go unchallenged while, at the same time, the lower courts are "all over the map." Given the legal issues Texas is facing regarding redistricting, this is a great read for anyone who would like to learn more about what factors are at play. The authors begin by looking at how populations are measured and what Constitutional limits exist on gerrymandering before moving on to more in-depth treatments of the Voting Rights Act (sections 2 and 5).

Environmental Law


by Phyllis Skupien — Andrew Publications, 2010. 426 pages.
KF 1299 H39 G85

This title contains a varied collection of legal materials relevant to the Deepwater Horizon disaster. Included in the volume is commentary from the editors which covers topics such as challenges faced by the Gulf States, the impact on the oil industry, and multidistrict litigation issues arising from the spill. Also included are Westlaw journal articles that previously appeared in the Westlaw Journals Environmental or Toxic Torts along with timelines of the Deepwater Horizon oil spill and a history of litigation for the Exxon Valdez spill. Finally there are annotated versions of the Oil Pollution Act (33 USC §2701-2761) and the Louisiana Oil Spill Prevention and Response Act (LSA-R.S. 30:2541-2496), selections from the treatises Rodgers’ Environmental Law and Admiralty and Maritime Law, Multidistrict Litigation Orders, BP’s claims procedure, selected complaints, and relevant case law.

by Mark Ryan — American Bar Association, 2011. 323 pages.
KF 3790 C545

This updated edition of the Clean Water Act Handbook offers in-depth information from 21 leading CWA experts. Specific topics covered include controlling water pollution under the National Pollutant Discharge Elimination System, the application procedure for NPDES permits, publicly owned treatment works, wetlands and Section 404, oil and other hazardous spills, wet weather regulations, and total maximum daily loads as covered in Section 303(d). New to this edition is a chapter on CWA jurisdiction after the changes in the law because of Solid Waste Agency of Northern Cook County v. Army Corps of Engineers and Rapanos v. United States. A guide to Environmental Appeals Board Practice is also provided.

Health and Health Care


by Charles Kindregan — American Bar Association, 2011. 425 pages.
KF 3830 K56

Assisted Reproductive Technology (ART) is still considered to be a somewhat unsettled are of law. This volume combines ART legislation, model legislation, and relevant case law into one useful, easy to reference volume. Chapters cover intrauterine insemination, in vitro fertilization, surrogacy, ART regulations, posthumous reproduction, reproductive cloning, standards of care, ART contracts and documents, and ABA’s Model Act Governing ART.

Judges and Judicial Conduct


by Mark Miller — Oxford University Press, 2009. 368 pages.
KF 8775 M55

This text is an interesting look at the political aspects of the judicial branch. Written by numerous political science professors coupled with researchers from the National Center for State Courts, the editor’s goal is to examine the court’s position at the “intersection of the law and politics”. Issues discussed include judicial selection, judicial power and limits, popular perception of the judiciary and jury reform. A lengthy bibliography and table of cases is included.

Juries and Jury Instructions


by Elyse H. Fox — Elyse Fox, 2010. 1 volume.
KF 8984 F69

Clearly drafted jury instructions or jury charges are vital to the jurors’ decisions making process. Poorly drafted instructions that do not correctly convey the law open a path to appeal the verdict. Ms. Fox provides information in locating sources of jury instructions for each state and federal district. Additionally, she provides a topical listing of jury instructions. If you find that you must draft your own, she provides a concise how to and a bibliography of additional sources.

Law Practice Management


by Rebecca Nerison — American Bar Association, 2010. 211 pages.
KF 300 N47

This text explores how anger and anxiety are related and the symptons and costs associated with both ailments. It also offers solutions to common anxiety producing situations for attorneys. Examples of these situations include tolerating injustice in the system, managing losses and surviving the billable hour. Chapters include "Happiness and success through the stages of your career", "Getting and staying happily employed" and "Is my stress normal or is it a problem."

by Ursula Furi-Perry — American Bar Association, 2011. 454 pages.
KF 320 L4 L449

This reference acts as a guide for legal assistants in the performance of their duties. It provides information on the structure of the court system and its procedures. It offers sample information on preparing legal instruments, documents and court filings. It also includes a list of legal research and writing resources, tips on trial preparation and information on select areas of practice.

Legal Research and Writing


by Marie P. Buckley — American Bar Association, 2011. 261 pages.
KF 250 B83

This a contemporary guide to legal writing which provides instruction on writing everything from memoranda and briefs to email and blogs. The book concentrates on these writing principles, using plain English, leading from the top and telling your readers what to do next. Some of the chapter topics are 'organizing your research for efficient writing', 'talking about cases and other authority' and 'tips for transactional attorneys'. It also includes a usage and punctuation guide.

Legislative Process and Interpretation


by Gerald Hebert — American Bar Association, 2010. 89 pages.
KF 4905 R39

In this brief title, the authors seek to provide a realistic view of the redistricting process—realistic in that it takes into account that a state's districting plans will not go unchallenged while, at the same time, the lower courts are "all over the map." Given the legal issues Texas is facing regarding redistricting, this is a great read for anyone who would like to learn more about what factors are at play. The authors begin by looking at how populations are measured and what Constitutional limits exist on gerrymandering before moving on to more in-depth treatments of the Voting Rights Act (sections 2 and 5).

Real Property


by State Bar of Texas — State Bar of Texas, 2009. 2 volumes.
KFT 570 S7A

This 3 day CLE course was held in June, 2009 in San Antonio. Topics covered on day one include the securitization process, title insurance endorsements, property tax exemptions, land title issues, material alteration of documents, and “insurance provisions: lessons from Ike.” Day two examined at residential issues such as foreclosures, RESPA rules, consumer bankruptcy, loss mitigation and short sales, and tenant eviction and lockouts. Also covered on day two were commercial issues including foreclosures, workouts, real estate investment vehicles, and completion guarantees. Day three topics included mechanic’s liens, lease defaults and remedies, and additional sessions on title insurance.

View the table of contents [PDF].

Torts


by Andrew P. Morriss — Yale University Press, 2009. 282 pages.
KF 1600 M68

In this title, experts in regulatory law and theory analyze federal agency use of litigation to impose regulatory measures, focusing on three major cases. Authors argue that litigation is an ineffective method to establish regulatory provisions and suggest reforms that may prevent reliance on this practice.

Trial Practice


by Wendy Couture — American Bar Association, 2010. 554 pages.
KF 8961 L58

The foreword states that this volume “offers cogent insights and guidance from pre-engagement of the expert through preparation and testimony, or deposition and cross. An expert witness’s testimony can vital to make your case, but choosing the best one and preparing him to assist in your case takes considerable care and attention to detail. This volume gathers the insights of numerous legal practitioners to assist you in getting the best and most cost effective result from expert witness testimony.

Wills, Trusts, and Estate Planning


by Roger Anderson — Lexis Nexis Matthew Bender, 2009. 342 pages.
KF 730 A86

Designed as a supplementary text for students, this volume discusses foundational principles of estates and trusts. Each case cited includes a brief factual description and extensive footnotes direct the reader to other sections of the book and related cases.

page last updated: 25 Feb 2013 10:49 AM