Duly Noted

Duly Noted — June/July 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.

Appellate Practice

by Steven Childress — Lexis Nexis Matthew Bender, 2010. 3 volumes.
KF 9050 C48

From the preface of the 4th edition of this title: "The point of a standard of review is to help the judges focus on the heart of the appeal - the merits, policies, and issues - in a way that gives them a foothold to address that substance." Unlike other appellate practice resources that focus on the procedural aspects of appellate review, the Federal Standards of Review attempts to shine light on the "essential language of appeals" used by the courts. Separate volumes cover Civil, Criminal, and Administrative cases with a focus on the relationship between trial court findings and appellate court conclusions. A table of cases and a table of statutes and rules are also included.

Business and Commercial Law

by Richard Spore — American Bar Association, 2011. 139 pages.
KF 1355 S687

This text discusses the legal issues involved in dissolving a business relationship. Topics include fact finding, business analysis,legal analysis and the role of litigation and alternative dispute resolution in the business divorce.

by Ellen Smith — Law Journal Press, 2011. 1 volume.
KF 2042 H6 S63

This volume from Law Journal Press serves as a comprehensive practice guide for the field of hotel law. Ellen Smith's coverage examines the many unique and intersecting legal issues involved in running a hotel, such as real property, franchise and management agreements, liability issues, and financing.

Civil Procedure

by Gregory Joseph — American Bar Association, 2010. 316 pages.
KF 9375 J67

This book provides an analysis of the major legal issues in RICO actions. Specific attention is paid to the opinions of the U.S. Supreme Court and the federal courts of appeals. Primary authorities are analyzed with minimal editorial comment. It includes footnotes, a copy of the RICO statutes, a table of cases and a topical index.

by Steven Childress — Lexis Nexis Matthew Bender, 2010. 3 volumes.
KF 9050 C48

From the preface of the 4th edition of this title: "The point of a standard of review is to help the judges focus on the heart of the appeal - the merits, policies, and issues - in a way that gives them a foothold to address that substance." Unlike other appellate practice resources that focus on the procedural aspects of appellate review, the Federal Standards of Review attempts to shine light on the "essential language of appeals" used by the courts. Separate volumes cover Civil, Criminal, and Administrative cases with a focus on the relationship between trial court findings and appellate court conclusions. A table of cases and a table of statutes and rules are also included.

Class Actions

by Georgene Vairo — Lexis Nexis Matthew Bender, 2011. 211 pages.
KF 8896 A31 V35

This volume puts the Class Action Fairness Act of 2005 in context. The author provides a brief history of class actions in order to explain why Congress passed the CAFA. He touches on the political "wrangling" that accompanied the passage. There are numerous citations to the statute, case law and primary legislative history resources. It would be a great starting point is you needed to do a legislative history of the Act. Cites to law review articles provide additional theoretical discussions and references to Moore's Federal Practice are provided for the practitioner.

Constitutional Law

by Ronald Rotunda — Thomson West, 2012. 3 volumes.
KF 4549 R6

This treatise's primary focus is on the constitutional distribution of powers, including an explanation of the origins of judicial review, sources of national authority, and the powers of Congress and the President. The 2012 revisions include case law on the "War on Terror," President Obama "birthers", the Second Amendment, voter ID laws, and the Citizen United case.

Criminal Law

by National Judicial College — National Judicial College, 2010. 1 CD-ROM.
CD KF 9325 S46

From the National Judicial College, this CD-ROM contains the Sentencing sex offenders curriculum, which consists of the 251 page Judicial Educator and Faculty Handbook, seven training modules, and a resource center. The handbook provides an overview of curriculum and a description of each module. The modules covered are as follows: module one: understanding sex offenders and sexual victimization, module two: assessment of sex offenders, module three: treatment and supervision of sex offenders, module four: case studies, module five: Sentencing and its implications, module six: evidence-based sentencing, and finally module seven SORNA. Finally, the resource center contains all tools and citations referenced in the handbook, a static-99 coding form, and articles.

Available electronically: http://www.judges.org/sso/


by Michael Hannon — W. S. Hein, 2011. 368 pages.
KF 8947 H36

This title -- aimed primarily at attorneys, judges, and anyone interested in the science of digital evidence and computer forensics -- identifies and explains some of the most important issues in this field using language that is easy to understand and not particularly full of jargon. It covers basic hard drive technology (how files are stored, recovering deleted files, and other computer forensics topics), sources of digital evidence (metadata associated with computer files, e-mails, log files, temporary internet files), and a discussion of the Fourth Amendment as it relates to computers. This title also cites to relevant case law throughout the text.

Family Law

by Kate Scharff — American Bar Association, 2010. 197 pages.
KF 505 S33

The authors provide clear examples of complicated situations that arise in collaborative practice and offer constructive solutions for working with divorcing couples. Topics discussed include couple dynamics, components of the collaborative process, collaborative team dynamics, developing durable parenting plans, and the role of the child specialist.


by State Bar of Texas — State Bar of Texas, 2012. 1 volume.
KFT 553 T4

This is a practice guide and form book for attorneys who handle guardianship matters in Texas. The manual is organized by the logical sequence of events of a guardianship matter from creating guardianships to final accounts and closing guardianships. Other chapters cover guardianship alternatives, guardianships for veterans, administration, litigation, and changing established guardianships. Each chapter has a detailed table of contents, forms, and practice notes.


by Emmie R. Smith — American Immigration Lawyers Association, 2011. 580 pages.
KF 4819 F67

This book offers checklists, guidance, and sample forms to assist the practitioner with many common immigration forms. In addition to forms, the book also discusses concepts such as agencies that affect immigration law, ethical issues, initial interviews, and filing procedures.

by Irene Scharf — American Immigration Lawyers Association, 2011. 392 pages.
KF 4819 W25

This publication from the American Immigration Lawyers Association is intended to assistance all immigration attorneys working with waivers. Specific chapter cover status adjustment, cancellation for removal for lawful and non-lawful permanent residents, waivers for crimes over 15 years old, waivers for health-related issues, INA §212(k) waivers, special juvenile waivers, and refugees and asylees.

Available electronically: http://ezproxy.sll.texas.gov:2048/login?url=http://ailalink.aila.org/#documents/23970

Intellectual Property

by State Bar of Texas — State Bar of Texas, 2011.
KFT 3155 A75 A3

This CLE course took place in July of 2011. Topics covered include various aspects of danages, ownership issues in litigation, technical aspects of briefs and depositions, joint, divided, and indirect infringement, and ethics and disciplinary rules in patent litigation cases. We have past editions of this course available from 2005, 2008, 2010, and 2011.

View the table of contents [PDF].

Judges and Judicial Conduct

by Adam Skaggs — Justice at Stake Campaign, 2011. 31 pages.
KF 8776 S53

This report was prepared by the Justice at Stake Campaign, a nonpartisan national organization seeking to keep the courts impartial and free from special interests. It takes a close look at campaign spending in judicial elections across the U.S. between 2009 and 2010. The authors contend that the intended effect of partisan, special interest campaign funding for elected judicial officers is to intimidate state judges and to make them accountable to money and ideologies instead of the law. The report takes a look at sources of funding, how the money was spent during the campaign season, and what this may imply for the future. Special attention is given to elections in Iowa, Michigan, Illinois, and Florida.

Available electronically: http://brennan.3cdn.net/23b60118bc49d599bd_35m6yyon3.pdf

Juries and Jury Instructions

by Amy Singer — Thomson West, 1999. 6 volumes.
KF 8972 S56

This comprehensive set seeks to explain the jury's decision-making process and perceptions and provides techniques for the practitioner to maximize the chance of a favorable verdict. It also explores specific strategies to assit with the development of visual aids, direct and cross-examination questions, opening statements,and closing arguments. Additionally there are sections tailored to specific types of cases such as medical malpractice, personal injury, commercial, criminal, governmental, and products liability.

Labor and Employment

by Steve Kardell — American Lawyer Media, 2012. 731 pages.
KFT 3471 K37

In the conclusion of his overview chapter, Steven Kardel writes "The book will hopefully, explain if not entirely reconcile, the issues raised by the new plethora of whistle-blowing choices (and further whet the appetite of rapacious bounty-hunters)." After his engaging introduction the author covers his subject with scholarly comprehensiveness, while keeping the tone witty and interesting. He concludes with a chart with citations, venue, SOL and remedies available of major whistleblower retaliation and bounty provisions including the Texas provisions.

Legal Research and Writing

by Antonin Scalia — Thomson West, 2012. 567 pages.
KF 380 S33

This title, co-written by U.S. Supreme Court Associate Justice Antonin Scalia, tackles some of the issues one faces when interpreting constitutional, statutory, and contractual language. The authors take a close look at actual case law, posing questions to the reader as an exercise in legal interpretation then carefully guiding the reader through their legal reasoning. Because of this, this title gives insight to and serves as a great explanation of textualism, the approach to legal interpretation often associated with Justice Scalia. While this title is directed primarily to judges and attorneys, it's also an interesting read for anyone curious about how judges reach their decisions.

by Texas Court Records Preservation Task Force — Texas Court Records Preservation Task Force, 2011. 89 pages.
KFT 8733 T45

This report was published by the Texas Court Records Preservation Task Force on August 31, 2011. The report begins by discussing the significance of historical Texas State Court Records which date back to the Republic of Texas and are kept in over 500 storage facilities located throughout Texas. Some of these records discuss famous Texans such as Sam Houston or historical events such as the Battle of San Jacinto; many records simply document the lives of ordinary Texans during different historical eras. Unfortunately many of the records are being kept in sub-optimal conditions and a discussion provided of factors leading to their deterioration. Finally the task force's recommendations and action items are provided on ways these records can be preserved for future generations.

Available electronically: http://www.supreme.courts.state.tx.us/crptf/docs/TaskForceReport.pdf

Legislative Process and Interpretation

by Frank B. Cross — Stanford Law Books, 2009. 233 pages.
KF 425 C76

This work analyzes statutory interpretation in the courts with special attention paid to practice in the Supreme Court. The author also reviews disputed approaches to statutory interpretation such as the use of legislative history versus adherence only to the text and the extent to which the justices of Supreme Court have utilized these methods to further an ideological agenda.

Native Americans

by Stephen Pevar — New York University Press, 2012. 522 pages.
KF 8205 P4

This book is part of the ACLU handbook series, which is designed to inform individuals of a particular legal subject area. It includes information on the history of federal Indian policy, Indian treaties, federal and state power over Indian affairs, tribal self-government, civil rights of Indians and Indian gaming. It also provides a map of the various Indian reservations and communities throughout the United States. The fourth edition contains updated case law and other developments in this expanding area of law.

Real Property

by State Bar of Texas — State Bar of Texas, 2011. 3 volumes.
KFT 568 S7

Designed as a practical resource for the real estate attorney, the Texas Real Estate Forms Manual focuses on forms and provides assistance in drafting documents for a real estate transactions with useful commentary to assist attorneys in modifying forms to fit their clients’ legal situations. Transactions covered in this three volume set include deeds, promissory notes, bills of sale, security agreements, ancillary loan documents, residential contracts for deed, documents dealing with foreclosure, water rights conveyances, and mechanic’s lien forms.


by Robin West — American Bar Association, 2009. 163 pages.
KF 850 W55

The second edition of this title provides comprehensive information on qui tam cases from assessing a possible claim to settlement of a qui tam allegation. Chapters cover claims that are not actionable, unique Qui Tam procedural requirements, parts of Qui Tam case, defenses, Section 3730(h) retaliation claims, intervened and non-intervened cases, and fee agreements. New to the second edition is a discussion of Allison Engine Co., Inc. et al v. United States ex rel. Sanders et al (June 2008) as well as updated statistics and case law. There are also several forms and a CD which can be requested at the reference.

Trial Practice

by Paul Bosanac — American Bar Association, 2009. 486 pages.
KF 8915 B577

Bosanac presents concrete (and true) examples of flawed logic used in legal argument. He notes that “informal fallacies” are powerful tools to sway opinion. They are so commonly used in legal argument that it is very difficult to constantly listen critically in order to identify and object to a fallacious statement. This book provides an interesting flow chart to assist in hearing the fallacies in your opposition’s argument and in crafting your argument to be free of flawed logic. He includes a chapter on the legal ethics issues s of argument. Even if you are not interested in the logics discussion, the critique he provides of statements made in legal settings is very enlightening.

Wills, Trusts, and Estate Planning

by State Bar of Texas — State Bar of Texas, 2011. 1 volume.
KFT 753 A75 B8

This CLE course took place in January, 2011. Specific topics covered included basic estate planning, assisting elderly clients with estate planning, probate procedures, alternatives to probate, ethical issues that arise in estate planning, and finally estate administration issues. The State Law Library has this CLE available for 2002, 2003, 2006, 2008, 2009, and 2012. Please ask for assistance at the reference desk.

View the table of contents [PDF].

page last updated: 23 May 2018 9:25 PM