Duly Noted

Duly Noted — October/November 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.

Administrative Law


by Jeffrey Lubbers — American Bar Association, 2012. 608 pages.
KF 5411 L83

The fifth edition of this comprehensive title includes information on rule changes that were enacted during President Bush's second term and during the first three years of Obama's administration. The first of the title’s four parts provides an overview of rulemaking for Federal agencies. Part two provides a statutory framework by covering the Administrative Procedure Act, the Paperwork Reduction Act, and other acts that affect rulemaking. Part three discusses informal rulemaking and part four discusses judicial review of agency rulemaking.

Arts


by Thomas Selz — Thomson West, 2006. 5 volumes.
KF 4290 S4

This multi-volume set provides information about various types of litigation involving celebrity clients with citations to state and federal statutes, rules, and caselaw. It covers topics such as talent representation and contracts, privacy, defamation, and rights management. Includes an appendix of useful forms and checklists to assist in trial preparation.

Biotechnology


by A. Jamie Cuticchia — American Bar Association, 2009. 217 pages.
KF 9666.5 C88

Part of the ABA fundamentals series, this title seeks to provide practitioners a clear explanation of the science of genetics as it intersects with the law. Specific chapters provide information on legal implications of a wide range of topics including the human genome project, genetic variation, paternity testing and DNA fingerprinting, DNA forensics, the health effects of genetics, genetic rights, and talking to juries about genetics. Each chapter is heavily annotated to help the researcher begin their research.

Business and Commercial Law


by Jean Batman — American Bar Association, 2011. 843 pages.
KF 1659 B38

Though there are a number of legal guides for small businesses intended for the founding entrepreneurs, this publication from the American Bar Association is written for the practitioner counseling small businesses. This guide provides extensive guidance and advice on many topics that small businesses face, from hiring employees to contracts to organizing a corporation, LLC or partnership. Each chapter contains sample documents and checklists for use in practice.

Business Organizations


by Marc Lane — American Bar Association, 2011. 283 pages.
KF 1355 L326

This book discusses the legal considerations that attorneys should know when advising mission-driven entities that engage in socially conscious or progressive activities. These are businesses that are "applying market-based strategies to achieve a social purpose." Chapter topics include, "Empowering the Social Sector", "Vetting the Social Enterprises Business Model", "Capitalizing the Social Enterprise" and "Zeroing In on the Right Business Form". Also includes a brief chapter-by-chapter overview.

Consumer Protection


by George Weidenfeller — American Bar Association, 2012. 486 pages.
KF 5729 N38

Written by former Housing and Urban Development (HUD) staff as well as attorneys with specialized HUD expertise, this title takes a detailed, close look at the various HUD programs available to the public. Each program is addressed in its own chapter, giving the authors the opportunity to go in-depth and explain the intricacies of each program's rules and regulations. The overarching regulations that apply to all HUD programs are also taken into account. This resource is invaluable to those who are having trouble navigating the rules of FHA insurance, affordable housing assistance, community development grants, secondary market support, and fair housing oversight, among other programs.

by Robert Hobbs — National Consumer Law Center, 2012. 44 pages.
KF 1040 H63

Though the Credit CARD Act of 2009 has made great strides in protecting consumers against abuse from credit card companies, critical areas were left unaddressed. This model act, drafted by attorneys at the National Consumer Law Center, addresses gaps in protection and suggests measures for further protecting consumers from abuse from credit card companies and debt collectors. The model provisions and commentary provide excellent food for thought at a time when many Americans are struggling with issues of debt.

Available electronically: http://www.nclc.org/images/pdf/debt_collection/model_family_financial_protection_act.pdf

Criminal Procedure


by Michael Wims — American Bar Association, 2011. 361 pages.
KF 9306 W56

The authors posit that that a murder case is a very distinct type of criminal case. Even a seasoned criminal lawyer or prosecutor has a lot to learn to prepare for a murder trial. This book is geared to supply that specific knowledge. The chapters are presented as they would unfold in a typical murder case from the initial investigation through pretrial and jury trial. The development of a case is examined from the prosecution and defense perspective. Particular attention is given to mental health issues that often involved in a murder case.

by John Boston — Oceana, 2010. 928 pages.
REF DESK KF 9731 M36

This title focuses solely on civil actions involving prisoner rights. An introductory chapter provides an overview on changes since the previous editions highlighting the challenges of the Prisoner Litigation Reform Act (PLRA). There is a well presented section on what a litigant needs to know before considering filing a law suit. The requirement of exhaustion of remedies is spelled out, as well as other basic, but often not well explained issues such as, whom to sue, where to sue and by what deadline you must sue. Additional chapters cover prisoner’s rights, civil liberties, and due process rights. These would be helpful to any reader wanting a broad grounding in this area of law because they are clearly written and include footnotes for further research. A chapter on the basics of legal research and brief and memorandum writing are available as well as forms and sample papers.

Discovery


by Jay Grenig — Thomson West, 2011. 691 pages.
KF 8902 E42 G74

This title is divided into four parts. It begins with an introduction to the various types of electronically stored information (ESI) before moving on to a discussion of best practices for storing, managing, and destroying large volumes of ESI. The third part focuses on discovery procedures and the different methods of requesting that ESI be produced for litigation. The last part approaches these issues from the perspective of someone asked to produce ESI--that is, how to respond to a discovery request. This title has an accompanying CD-ROM and also includes sample forms and checklists to help practitioners.

Environmental Law


by Lawrence Schnapf — American Bar Association, 2011. 584 pages.
KF 1298 E585

Discusses the state and federal environmental regulatory programs affecting business and commercial transactions and offers practical guidance on the impact of these complex requirements. The focus is on the information needed by a transactional lawyer to identify, evaluate and address environmental issues. Chapters 1 and 2 explain some of the technical issues commonly found in environmental law. Other topics discussed include CERCLA, RCRA, the Clean Water Act and environmental due diligence. Includes a CD and a table of cases.

Evidence


by D. P. Lyle — American Bar Association, 2012. 420 pages.
KF 8961 L95

Written by a physician who has consulted on shows like CSI: Miami and written his own thriller series, this is an interesting introduction to forensic science. Forensic science is the “application of scientific disciplines to the law”. The book begins with an introduction to the development of this field and how medical examiners and crime labs currently work. He covers the issues of the “CSI effect”, noting the impact on defense and prosecution of crime. Chapters are devoted to specific topics include biological evidence such as DNA or blood, physical evidence such as fingerprints or tires. The author concludes with a chapter on criminal psychology. An appendix “Forensic Science Timeline” is included which quickly shows the development of this area of study.

by Ronald Rychlak — Juris, 2012. 779 pages.
KF 8967 R93

This guide is intended to assist trial attorneys present physical evidence persuasively to a jury. It addresses practical matters such as rules of evidence and how to select the best type of presentation. Additionally, this resource provides tips for different kinds of media, such as maps, photographs, films, diagrams, and graphs.

Health and Health Care


by James O'Reilly — American Bar Association, 2011. 317 pages.
KF 3825.3 O74

This book studies hospital liability for injuries sustained by patients and visitors. It is structured to help the attorney who is unfamiliar with hospital tort actions. It starts with an explanation of how hospitals are organized, how a duty of care is established and causes of action. It then moves on to intentional acts, negligent acts and accidents. And finally, it discusses shared supervision and shared responsibility, how government oversight influences hospital liability. Includes a table of cases.

Insurance


by Janet Colaneri — American Lawyer Media, 2012. 1 volume.
KFT 1218 C65

This manual guides practitioners through the legal issues that routinely arise under the Texas standard automobile insurance policy. Topics addressed include: endorsements, policy and extracontractual issues, punitive damages, subrogation, insurer insolvency, fraud and misrepresentation, and Stower doctrine updates. The title begins with an annotated Texas Personal Auto Policy which contains helpful citations to case law.

Intellectual Property


by Jonathan Hudis — American Bar Association, 2012. 439 pages.
KF 3193 L44

This guide from the American Bar Association provides analysis of practice as well as procedural information for the Trademark Trial and Appeal Board. Multiple contributing authors bring years of experience in trademark litigation and intellectual property law to the material within. Chapters cover disclosures and discovery, motion practice, trial procedures, appeals, and more.

Juries and Jury Instructions


by Jeffrey Frederick — American Bar Association, 2011. 589 pages.
KF 8979 F73

This new and expanded edition, written by the director of the Jury Research Services Division of the National Legal Research Group, provides comprehensive information on jury selection, focusing on the skills needed to help in conducting quality effective voir dire and jury selection. Specific chapters cover the effect of Jurors’ backgrounds, being aware of nonverbal communication from the jurors, voir dire preparation, common voir dire situations and problems, juror questionnaires, potential juror evaluation, and finally jury selection. Also available is a CD-ROM which can be requested at the reference desk.

Legal Ethics


by Douglas Richmond — American Bar Association, 2011. 808 pages.
KF 306 R53

The chapters of the book are organized by tracing a lawsuit from beginning to end. The book begins with an examination of professional responsibility issues found in pre-suit investigations and lawyer liability to co-counsels. It then moves on to issues in the initiation of litigation and concludes with discussions of ethics, expert witnesses and the professional responsibilities of appellate lawyers. Chapter topics covered include pre-suit investigation, co-counsel and referral relationships, surreptitious investigations and discovery, receipt and release of confidential information, ethics of e-discovery, expert witness conflicts of interest and false testimony. Also includes examples of various cases to illustrate the points discussed.

Oil and Gas


by Joseph Shade — Lexis Nexis Matthew Bender, 2013. 1 volume.
KFT 1849 S53

This publication from LexisNexis is meant to serve as a basic introduction to the basics of Texas oil and gas law. Author John Shade summarizes the primary concepts of oil and gas law with the goal of providing the reader with a general understanding of the subject matter. For readers wishing to research more deeply into oil and gas law, the author suggests continuing research with Ernest E. Smith's "Texas Law of Oil and Gas," which is also available in the State Law Library's collection.

Torts


by Mark Guralnick — American Bar Association, 2012. 555 pages.
KF 1251 G87

Written for practicing attorneys, this title aims to demystify the process of calculating damages in various areas of law and serves as a great reference tool for civil practitioners. The first half of the book lays out basic strategies and math formulas as well as other considerations to keep in mind such as interest, key rates of return, probabilities, and financial ratios. In the second half, the author applies these concepts to various areas of law: personal injury and wrongful death damages, business damages, employment law damages, real estate damages, environmental damages, intellectual property damages, and family law damages.

by James O'Reilly — American Bar Association, 2011. 317 pages.
KF 3825.3 O74

This book studies hospital liability for injuries sustained by patients and visitors. It is structured to help the attorney who is unfamiliar with hospital tort actions. It starts with an explanation of how hospitals are organized, how a duty of care is established and causes of action. It then moves on to intentional acts, negligent acts and accidents. And finally, it discusses shared supervision and shared responsibility, how government oversight influences hospital liability. Includes a table of cases.

Trial Practice


by Douglas Richmond — American Bar Association, 2011. 808 pages.
KF 306 R53

The chapters of the book are organized by tracing a lawsuit from beginning to end. The book begins with an examination of professional responsibility issues found in pre-suit investigations and lawyer liability to co-counsels. It then moves on to issues in the initiation of litigation and concludes with discussions of ethics, expert witnesses and the professional responsibilities of appellate lawyers. Chapter topics covered include pre-suit investigation, co-counsel and referral relationships, surreptitious investigations and discovery, receipt and release of confidential information, ethics of e-discovery, expert witness conflicts of interest and false testimony. Also includes examples of various cases to illustrate the points discussed.

Wills, Trusts, and Estate Planning


by Julie Hall — Thomas Nelson, 2007. 228 pages.
KF 750 H35

This book serves as a guide to those who might face the need to dispose of their deceased parents's personal property. Written by an "estate liquidator" and certified personal property appraiser, it provides guidance on how to divide your parents's estate quickly and effectively while avoiding in-family arguments and fights that tend to muddy these procedures. The author also provides tips on how to identify valuable personal property that one should consider preserving versus "junk." Also included are notes and helpful information for older parents who wish to ease the estate liquidation process for their children.

page last updated: 25 Feb 2013 10:49 AM