Duly Noted

Duly Noted — February/March 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.

Animal Rights


by Donald Baur — American Bar Association, 2010. 435 pages.
KF 5640 E482

This title, now in its second edition, contains a collection of articles contributed by experts to help practitioners and landowners navigate the Endangered Species Act. Specific topics covered include a historical background, listing species, critical habitat, recovery, Indian Rights, the take prohibition, landowner incentives, habitat conservation plans, plants, State Endangered Species Acts, and the ESA and global warming.

Criminal Law


by Laurence Benner — American Constitution Society for Law and Policy, 2011. 15 pages.
KF 9646 A33 B46

Written by one of the directors of the National Legal Aid & Defender Association, this brief paper looks at excessive public defender workloads nationwide and how they negatively affect indigent defendants. The author first looks at Strickland v. Washington, which set up a two-pronged test for the ineffective assistance of counsel (IOC) claim, but he then describes a litigation strategy that avoids the prejudice prong "by focusing on the absence of counsel at a critical stage of the proceedings, rather than the ineffectiveness of counsel's conduct." Recommended especially for anyone involved with or interested in legal aid, public defenders, and attorneys working on appeals based on IOC claims.

Available electronically: http://www.acslaw.org/sites/default/files/bennerib_excessivepd_workloads.pdf

by Sean Buckley — Jones McClure 1 volume.
KF 9606.99 D568

This annual quick reference volume includes the annotated Federal Rules of Criminal Procedure, Federal Rules of Evidence, and Federal Rules of Appellate Procedure. The book also includes other federal rules, Title 18 U.S.C., and selections from other relevant U.S.C. titles.

Criminal Procedure


by Sean Buckley — Jones McClure 1 volume.
KF 9606.99 D568

This annual quick reference volume includes the annotated Federal Rules of Criminal Procedure, Federal Rules of Evidence, and Federal Rules of Appellate Procedure. The book also includes other federal rules, Title 18 U.S.C., and selections from other relevant U.S.C. titles.

Discovery


by Henry Hecht — American Bar Association, 2010. 848 pages.
KF 8900 E35

So much of winning a case is at the pre-trial stage. This updated 2nd edition of "Effective Depositions" ensures you will go into depositions well prepared whether you are taking a deposition or defending a witness. This extensive title begins by explaining how to procedurally prepare for a deposition, how to secure a witness's attendance, and how to properly prepare a witness (including many special or non-standard situations). It also goes through the actual deposition process before discussing how to manage depositions once they've been taken and how to use them at trial.

by Arthur Miltz — Lexis Nexis Matthew Bender, 1982-. 1 volume.
KF 8900 M5

LexisNexis’s “Art of Advocacy series” provides practical focused advice on various phases of litigation. This volume is on discovery. Successful discovery techniques can determine the outcome of the case before trial or avert trial altogether. The author gathered discovery questions from actual cases tried by successful trial lawyers. He provides his comments on points he feels are important and suggests supplementary discovery ideas to clearly establish the relevant facts of the case. Also in the “Art of Advocacy series” is a volume dedicated to settlement, as well as, volumes to assist through the trial and appellate level.

Environmental Law


by Jeffrey Gaba — Thomson West, 2010. 2 volumes.
KF 3816 R4 G3

Part of the Environmental Law Series, this two volume set surveys the legal issues surrounding solid waste, pollution prevention, and recycling. All federal requirements are provided in addition to some state (including Texas) and municipal requirements. Specific topics covered include RCRA distinctions between solid waste and hazardous waste, regulations for the disposal of nonhazardous solid waste, requirements for the disposal of municipal solid waste, sewage sludge, regulation of bevill and bentsen wastes, CERCLA solid waste regulations, hazardous waste recycling, Federal pollution prevention and recycling programs, solid wastes of special concern (i.e. used oil, medical wastes, lead-acid batteries, tires, and other wastes), and interstate solid waste management issues.

Family Law


by Sally Hurme — American Bar Association, 2011. 241 pages.
KF 750 H87

This guide helps the user complete a personal history for the use of loved ones, should you become incapacitated or at the time of your death. It will help the user record information about himself and his family. Using the checklists provided, the user can also record information about his personal assets and property. And finally, there are checklists to help the user make his final wishes known. There are many checklists available to help record this information, along with a CD that includes electronic copies of all of the checklists provided.

by J. Thomas Oldham — Carolina Academic Press, 2011. 608 pages.
KFT 524 O4

This is a general introduction to Texas marital property rights. Most of the the major issues are addressed and discussed in relation to relevant caselaw. Some of the topics covered are the commumity property system, common-law and putative marriage, disputes between unmarried people, pensions and other benefits of employment, creditors' rights, marital agreements, divorce and spousal gifts and partitions.

Immigration


by Daryl Buffenstein — American Immigration Lawyers Association, 2011. 2 volumes.
KF 4829 B866

This comprehensive guide to business immigration law provides the practitioner with strategies, citations, and analyses to advise corporate clients in all phases of the hiring and transfer of foreign nationals. The set covers such topics as the various types of visas, consular status, and the visa waiver program.

Available electronically: http://ezproxy.sll.texas.gov:2048/login?url=http://ailalink.aila.org/#documents/24143

by Charles Wheeler — American Immigration Lawyers Association, 2013. 376 pages.
KF 4819 W55

This guide, put out by the American Immigration Lawyers Association, summarizes and makes more plain the family-sponsored immigration process that allows for U.S. citizens and lawful permanent residents to sponsor their family members for immigration purposes. It is aimed at immigration lawyers and looks at status adjustments, consular processing, immigration through marriage, grounds of inadmissibility, waivers of inadmissibility, affidavits of support, self-petitions for abused spouses and children, and the ethical issues in family-based immigration law. The author does not intend it to be an in-depth legal reference; instead, it should serve as a straightforward explanation that addresses the complexities of the law. It also includes sample legal forms (motions and waivers), a very detailed table of contents, and a subject index.

Available electronically: http://ezproxy.sll.texas.gov:2048/login?url=http://ailalink.aila.org/#documents/36133

Insurance


by Clinton Miller — James Publishing, 1989-. 1 volume.
KF 1164 M55

This text seeks to help the reader understand the many factors that insurance companies take into account when evaluating and negotiating claims in order to efficiently negotiate a fair settlement. The text offers practical advice on areas such as bodily injury claims, settlement conferences, actions constituting "bad faith", as well as lists of frequently asked questions and myths about the claims process.

Intellectual Property


by State Bar of Texas — State Bar of Texas, 2011. 1 volume.
KFT 2980 I57

This two day CLE was held in Dallas in March, 2011. Presentation covered topics patent law updates, trade secret law updates, "trademark prosecutions strategies in the era of Bose and Winkelmann", written description, social media and intellectual property, attorney's fees recovery, ip ownership, false marking, ethics, open source software, and intellectual property lawsuit insurance.

View the table of contents [PDF].

Judges and Judicial Conduct


by David O'Brien — CQ Press, 2009. 372 pages.
KF 8775 A75 J82

This collection of essays aims to provide insight into the role of the judiciary and to unmask a little of what the editor describes as the least well known branch of government. Each of the 34 chapters was written by a judge, and the authors range from Supreme Court justices (Roberts, Stevens, Ginsburg, Scalia, Rehnquist) to judges from the US Courts of Appeal, District Courts, and state courts. The scope of this book is quite broad, with topics ranging from trial court judges' experiences to judicial activism and judicial restraint to "What I Ate for Breakfast and Other Mysteries of Judicial Decision Making." A recommended read for legal professionals as well as laypeople interested in the judicial process.

Labor and Employment


by Elizabeth Lang-Miers — Thomson West, 2011. 2 volumes.
KFT 209 T5 EMPL.

This two-volume practice guide covers many of the most common employment law issues dealt with by Texas practitioners. Topics covered include avoiding litigation and settling claims, discrimination categories, antidiscrimination statutes, contracts, tort claims, whistleblower claims, wages, benefits, and privacy. Checklists and forms are provided for many of the topics covered.

Law Practice Management


by Chris Graham — American Bar Association, 2010. 319 pages.
KF 8900 G73

This book provides advice on negotiating, presenting and litigating a case. It provides real world examples and each chapter includes a quick summary of the most important points. Some of the topics covered include the "importance of asking the right questions", "stopping when ahead is not quitting","managing expectations" and "arrogance is not a strategy".

Privacy


by Lucy Thomson — American Bar Association, 2011. 328 pages.
KF 1263 C65 D37

With so many recently reported incidents of data breaches, "cyberattacks" on businesses as well as government agencies, and the use of encryption to secure confidential data, this book serves as a great explanation of data security. First the authors look at data breach risks--what type of information is vulnerable and why--and the potential liability and damages stemming from data breaches. The authors then take a case study approach by analyzing the anatomy of specific data breaches (Hannaford and TJX, among other private entities). Data security legislation--both state and federal--is discussed before the authors focus on the technology behind data security and encryption. Included are discussions on current encryption technologies and best practices, password vulnerabilities, cryptographic keys, and self-encrypting hard drives. Recommended for IT professionals, litigants working with the tech industry, and any business professional who needs to safeguard business data.

Probate


by Texas Young Lawyers Association — Texas Young Lawyers Association, 2011. 42 pages.
KFT 765 T47

Designed for the general public, this book is an extension of Texas Young Lawyer Association's publication "To will or not to will." It discusses the consequence of dying without a will and provides an overview of the probate process along with useful checklists for wills and probate.

Available electronically: http://www.tyla.org/tyla/assets/File/38668TexasProbatePassportWebReady.pdf

Social Security


by Bernan Press — Bernan Press, 2011. 706 pages.
KF 3650 S59

This title is a great reference for information about Social Security programs and related programs administered by other agencies. Specific chapters cover special age 72 payments, survivors’ benefits, disability benefits, cash benefit rates, special coverage provisions, self-employment, wages, filing a claim, representative payees, under and overpayments, black lung benefits, Medicare, and special veterans’ benefits.

Telecommunications


by Lucy Thomson — American Bar Association, 2011. 328 pages.
KF 1263 C65 D37

With so many recently reported incidents of data breaches, "cyberattacks" on businesses as well as government agencies, and the use of encryption to secure confidential data, this book serves as a great explanation of data security. First the authors look at data breach risks--what type of information is vulnerable and why--and the potential liability and damages stemming from data breaches. The authors then take a case study approach by analyzing the anatomy of specific data breaches (Hannaford and TJX, among other private entities). Data security legislation--both state and federal--is discussed before the authors focus on the technology behind data security and encryption. Included are discussions on current encryption technologies and best practices, password vulnerabilities, cryptographic keys, and self-encrypting hard drives. Recommended for IT professionals, litigants working with the tech industry, and any business professional who needs to safeguard business data.

Trial Practice


by Neal Fergenson — New York University Press, 2009. 335 pages.
KF 8902 E42 F44

This title is part of the Ex Machina: Law, Technology, and Society Series by New York University Press. It is not a "how to" book, but rather an examination of the impact digital technologies are having in the legal field. Digital images and multimedia "story telling" are outshining finely crafted wording. The book discusses how visual images can reach jurors in a ways standard witness testimony cannot. The legal community needs to be aware and responsive to this new way of presenting a case and its affect on the justice system.

by Ronald Waicukauski — American Bar Association, 2009. 241 pages.
KF 8915 W35

The authors note that lawyers are "professional arguers". While thinking like a lawyer is well covered in law school, arguing like a lawyer requires training and practice. The author admits that most of his 12 secrets have been out for quite awhile. While Aristotle's Rhetoric is still the most important exposition on the art of persuasion, this text adds a modern scholar's take on the art of persuasion in the legal setting.

by Julie Baker — Knowles, 2011. 1 volume.
KFT 8900 B35

Chapter 1 of this title explains that Texas case law defines a motion in limine as "a motion used to preclude prejudicial or objectionable evidence before it is presented to the jury". The remainder of the volume is an exhaustive examination of what might be considered prejudicial evidence and suggested text be used in a motion to excluding it. The authors note that taking care to ensure the jury will not be exposed to damaging evidence is by far preferable than striking it after it has been presented.

Unfair Competition


by State Bar of Texas — State Bar of Texas, 2011. 1 volume.
KFT 2980 I57

This two day CLE was held in Dallas in March, 2011. Presentation covered topics patent law updates, trade secret law updates, "trademark prosecutions strategies in the era of Bose and Winkelmann", written description, social media and intellectual property, attorney's fees recovery, ip ownership, false marking, ethics, open source software, and intellectual property lawsuit insurance.

View the table of contents [PDF].

Wills, Trusts, and Estate Planning


by Lawrence Brody — American Bar Association, 2011. 190 pages.
KF 736 L4 B76

This book helps the estate planner differentiate between two types of irrevocable life insurance trusts--Single Life Policy Trust and Survivorship Policy Trust. Included are outlines, forms, sample memoranda, and drafting notes to assist the practitioner with drafting this document.

page last updated: 25 Feb 2013 10:49 AM