Duly Noted

Duly Noted — December/January 2013

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.

Banking and Finance


by Alfred Pollard — Juris, 2011. 2 volumes.
KF 974 P64

This updated work on the law of financial institutions covers the new regulatory, legislative, and judicial environment following the implementation of recent federal legislation--the Dodd Frank Wall Street Reform and Consumer Protection Act of 2010. In addition, the work provides a similar primer on banking law to previous editions. It contains discussion of the structure of banks and their regulation as well as relevant federal law on many aspects of banking practice.

Business and Commercial Law


by Bruce King — American Bar Association, 2012. 664 pages.
KF 1225 M36

This publication was prepared for use in the American Bar Association's Spring Surety Program on the Law of Commercial Surety and Miscellaneous Bonds. With contributions from more four dozen practicing surety attorneys, this publication builds on the first edition and aims to be the most comprehensive and authoritative treatment on commercial bonds. Topics range from Medicare and Medicaid surety bonds to public official bonds to notary bonds.

Civil Procedure


by Nancy Saint-Paul — Thomson West, 2012. 5 volumes.
KFT 209 T4

Provides coverage of real estate transactions, including changes made by the decisions of the Texas and federal appellate courts through March 2012 and statutory amendments through the 82nd Texas Legislature. It also provides UCC coverage of consumer credit, bank deposits and collections, documents of title, investment securities, and secured transactions. Issues relating to business organizations include property rights and partnership dissolution, agency aspects of limited partnerships, limited liability companies, formation of corporations, fiduciary duties of officers and controlling shareholders, and nonprofit corporations. It also has coverage of family law, alternative dispute resolution, and special proceedings like mandamus, receivership, partition and garnishment.

Criminal Law


by Peggy M. Tobolowsky — Carolina Academic Press, 2010. 348 pages.
KF 9763 T63

The crime victim “right” to recover against the criminal who wrong him waned with the emergence of the school of thought that saw crime as an act against society or public order rather a harm to an individual. Criminal prosecution was to serve society’s need to create an orderly society and law abiding citizenry. Fines and fees went to the fund a professional criminal justice system to protect society as a whole, rather than to repay the individual victim for his direct losses. Partly in reaction to the expanding “rights of the accused”, came the movement advocating for the “rights of crime victims”. The volume includes numerous references and the text of the states’ victim rights statutes.

by D. Mark Elliston — Thomson West, 2012. 3 volumes.
KFT 209 T5 CRIM

This three-volume criminal practice guide, last updated in 2012, goes through most of the aspects one may encounter in a criminal trial. It is aimed at attorneys, but it may also be of value to anyone who chooses to represent oneself or to anyone curious about criminal procedure in Texas. With a total of 32 chapters, this set takes a close look at many of the issues that arise during criminal proceedings. There are chapters dedicated to jurisdiction and venue, statutes of limitations, searches and seizure, arrests and detentions, competency to stand trial, grand juries, discovery and disclosure, juries and jury charges, penalties, and opening/closing arguments. The third volume focuses on post-trial proceedings such as writs of habeas corpus, motions for a new trial, appeals, expunctions, and discretionary reviews. Also included are tables of laws and rules, a table of cases, and a subject index. Includes legal forms.

Criminal Procedure


by G. Nicholas Herman — Juris, 2012. 1 volume.
KF 9654 H38

In his preface to the book, the author notes that plea bargaining “disposes of approximately 95% of all criminal cases”. It is surprising to find that so few books are written on the topic. The author provides practical, how-to advice on the plea bargaining process to assist both the defense lawyer and prosecutor. Copious footnotes are provided for further research. Special attention is given to the plea bargaining process under the federal guidelines. United States Sentencing Commission Guidelines and the Justice Department’s policies on plea bargaining are included in the appendix. Additional relevant national standards are also provided for the reader’s convenience.

Entertainment Law


by Ross Dannenberg — American Bar Association, 2011. 163 pages.
KF 3024 C6 A94

Austin is home to a surprising number of video game companies, a booming subdivision of the tech industry. The law surrounding video game development involves an interesting intersection of art, intellectual property, technology, and business law. This guide from the American Bar Association touches on major legal aspects of video game development, including copyrights and trademarks, intellectual property, and the use of licensed or open source material.

Environmental Law


by Sheldon Novick — Thomson West, 2012. 3 volumes.
KF 3775 L39

The biannual three volume set is written to help provide detailed guidance to navigating environmental protection laws. While many books look at only one federal statute such as the Clean Water Act or the Clean Air act, this title looks at all the Federal Environmental Protection statutes and how those laws interact. The set is divided into five parts are which: Introduction, Principles and Methods, Functional Programs, Media-Specific Program, and Regulation of Products and Manufacturing.

Family Law


by John A. Zervopoulos — American Bar Association, 2008. 206 pages.
KF 8965 Z47

The growing reliance on the testimony of mental health professionals in family law cases has presented attorneys with a challenge - how to best use and analyze the mental health expert in an emotional divorce or custody case? This handbook by John A. Zervopoulos guides family law attorneys through critically assessing expert testimony on the basis of reliability, admissibility using the Frye-Daubert test, logical gaps, and personal bias. This title is a thought-provoking read for the family law practitioner.

by Miles Mason — American Bar Association, 2011. 385 pages.
KF 8968 M37

Provides an introduction to the core financial issues in divorce, which include asset identification, classification, valuation, income determination and expenses. The author gives step-by-step explanations of the mechanics and also explores the higher-level concerns related to high-asset and high-conflict cases. The book also includes an appendix with a deposition checklist, sample company financial statements, sample forensic examination report and a cd with copies of exhibits and copies of the appendix items.

Immigration


by Arthur Rizer — American Bar Association, 2012. 264 pages.
KF 4819 R59

This is an historical overview of immigration law used for national security purposes. It provides a discussion of the law, as well as relevant case law. The topics discused are embedded national security tools, material support and denaturalization, protection of classified information, detention, use of criminal information as a tool and liberty concerns. There is also a brief discussion on how the Clinton, George W. Bush and Obama administrations have defined national security.

Insurance


by Bradley Matthiesen — Juris, 2013. 1200 pages.
KF 1164 M38

This work is a comprehensive guide to state insurance law, particularly focusing on environmental claims. Per the publisher, "the purpose of this book is to compile all of the relevant law, regulations and case decisions in these areas from all 50 states into one easy to understand and easy to use reference book." It would be useful to any practitioner or insurance professional who handles multistate claims or cases.

Juries and Jury Instructions


by Brad Bradshaw — American Bar Association, 2011. 209 pages.
KF 8972 B73

Bradshaw notes, "The ability to persuade is dependent on several things, including the speaker's credibility and likeability, his or her understanding of the audience and how the message is framed". Having earned his PhD in psychology specifically studying persuasion and juror decision making, the author now practices as a litigation consultant. He succeeds in presenting a very accessible book that will assist the trial lawyer in presenting his side to the jury and deflecting the negatives presented by the other side. Numerous pointers for all stages of litigation from jury selection to closing argument are provided.

Labor and Employment


by Anthony Oncidi — Juris, 2001. 1 volume.
KF 8925 D5 O54

This title, designed to be used by both plaintiffs and defendants, provides essential information on dispositions in employment discrimination cases. This title walks you through all the steps of a deposition including determining who to depose, scheduling, preparing, general techniques, "retaining control of the deposition," and videotapping. Additional chapters preparing to defend a deposition, preparing witnesses, common deposition topics, specific types of discrimination claims, and damages. The latest update received by the State Law Library in December 2012.

Law Practice Management


by Trey Cox — Texas Lawyer Press, 2014. 238 pages.
KFT 446 C69

This text provides a step by step outline for recovering attorneys’ fees. It includes a discussion of the legal requirements for recovery, including by contract and by statute. Some of the examples provided are through the "Declaratory Judgment Act", the DTPA and chapter 38 of the Civil Practice and Remedies Code. It also includes chapters on the specifics of the legal requirements, the discovery process and assembling your evidence. The appendix includes charts, sample letters, checklists and forms. The 2013 volume includes interviews on attorneys' fees with Judges, a sample of a transcript from a trial on attorneys' fees, as well as an outline for direct examination.

by Ben Schorr — American Bar Association, 2011. 267 pages.
KF 322 M53 S36

The updated edition of this title was written especially to assist legal professionals in using Microsoft Word 2010. This title is excellent for attorneys or paralegals with no little or no Microsoft Office experience, covering basic functions like saving, as well as more proficient users who are looking use some of Word's more advanced features such as HotDocs or encrypting a document.

Legal Research and Writing


by Edward White — Oxford University Press, 2012. 1 volume.
KF 352 W48

This is the first volume in Edward White's planned three volume set on the role the law has played in shaping American history. This volume focuses on the legal history from the earliest European settlements until the civil war. In his introduction, White explains the scope of the volume saying that the book is “concerned with how “law,” in the multiple senses in which I will be using that term, was connected to themese that I am claiming helped define particular periods of American history.”

Local Government


by Keith Hirokawa — American Bar Association, 2012. 471 pages.
KF 5305 G74

In an effort to promote sustainable, efficient, and fiscally smart strategies that can be taken at a local level, this title draws from many examples of local governments across the country that have taken "green" measures. Each of the 21 chapters is written by a different author, and some of the topics discussed include economic development strategies, procurement policies, paperless governments, building and development codes, waste management, electrical grids, water quality, and litigation issues that may affect a local government. The last part of the book has in-depth case studies that take close looks at New Orleans after Katrina, Miami's zoning code, and the master plan adopted by a small community in South Carolina. Also includes a table of cases and a subject index.

by Texas Association of Counties — Texas Association of Counties, 2016. 63 pages.
KFT 6740 S64

This publication takes a close look at county funds that lie outside out of the general fund. In general, these special and dedicated funds are either (a) under the control of an elected official instead of the county commissioners, (b) funds administered by both an elected official and the commissioners, or (c) funds that the commissioners may spend only for specific purposes. The authors emphasize that this is not an exhaustive list of special and dedicated funds, but it does go over the most common. Included are citations to the statutory authority for the fund, any Attorney General opinions regarding the fund, as well as a description of the fund and who controls it.

Available electronically: https://www.county.org/member-services/legal-resources/publications/Documents/Special%20and%20Dedicated%20Funds.pdf

Non-profits


by Bruce Hopkins — Wiley, 2011. 1014 pages.
KF 6449 H6

The latest edition of Bruce R. Hopkins' authoritative treatise on tax-exempt organization updates the ninth edition with new legislature, administrative rulings, and case law. Due to the breadth of the subject matter, the author has chosen to limit analysis in an effort to control the size of the book, so this title may be best used as an introduction to the many facets of tax-exempt organizations. The print edition is supplemented by additional forms and tables online.

Real Property


by Austin Tenants' Council — Austin Tenants' Council, 2012. 52 pages.
KFT 5729 G85

This guide, produced by the Austin Tenants Council, helps renters navigate Austin's affordable housing options. It walks the reader through calculating income level to identify qualifying housing programs and local resources. Of interest to all readers may be tips to protect your rights, information about accessible housing, and descriptions of statewide programs.

Available electronically: http://www.housing-rights.org/PDF/GAHGAA_2012.pdf

Taxation


by Ivan Mitev — American Bar Association, 2011. 389 pages.
KF 6495 I55 M58

This is a reference tool for tax practitioners advising clients in private equity transactions. It provides information on forming a fund, investing in a fund, withdrawing money from a fund or winding up a fund. It also discusses issues involved at the operating company level, and issues related to international inbound and outbound deals. There's also a section on non-federal income tax issues, which includes criminal law, ethics issues, state and local tax, estate and gift tax, tort and malpractice and fiduciary suits against the fund.

Torts


by Claire Sylvia — Thomson West, 2016. 1428 p..
KF 9365 S968

This work discusses the law surrounding the federal False Claims Act, which is the U.S. Government's primary tool for addressing fraud against the Government. It begins with a general overview of its theory, history, and constitutional foundations and then discusses the practicalities of commencing and arguing a claim under this act. Also included are sections on qui tam actions and state false claim laws.

Trial Practice


by Kim J. Askew — Thomson West, 2011. 2 volumes.
KFT 209 T5 CIV. PR

This two-volume civil pretrial practice set, updated in 2012, is a comprehensive guide to pretrial proceedings. While it is directed at attorneys, it can also be an invaluable resource to anyone who chooses to represent oneself in a civil trial. It starts with the basics of assessing a case, including how to interact with a potential client, and gradually moves on to various other steps that are available pretrial. There are fifteen chapters, some of which focus on plaintiff and defendant pleadings, pleading requirements, venue, statutes of limitations, intervention, injunctions, counterclaims, discovery, and default as well as summary judgments. Also included are tables of laws and rules, a table of cases, and a subject index. Includes legal forms.

page last updated: 25 Feb 2013 10:49 AM