Duly Noted

Duly Noted — June/July 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.

Appellate Practice


by David Knibb — Thomson West, 2013. 1020 pages.
KF 9050 K5

David Knibb's Federal Court of Appeals Manual is a helpful walk through of the appellate process from start to finish. This resource is organized into three sections: starting the appeal, special appeals, and the appeal process. Tactics and guidance are supplied to aid practitioners in determining whether to appeal, filing on a timely basis, and avoiding dismissal inducing mistakes. Tips for effective written and oral argument are also included. (Leslie)

Bankruptcy


by Henry Sommer — National Consumer Law Center, 2016. 2 volumes.
KF 1524 S6

The tenth edition of the National Consumer Law Center's now classic treatise continues in the tradition of the prior editions by providing a current, nuts-and-bolts approach to consumer bankruptcy law. This treatise is created as a basic resource for bankruptcy law, and can serve as an introduction to the topic for a novice or as a quick reference resource to the experienced practitioner. Volume 1 contains an overview of the legal issues, a basic practice guide, and more detailed discussions in the final chapters. Volume 2 contains appendices such as statutes, rules, regulations, and sample forms. Access to the companion website (which contains forms, pleadings, and other documents) is available from library computers.

Available electronically: http://ezproxy.sll.texas.gov:2048/login?url=http://library.nclc.org/my-treatises/Bankr

Consumer Protection


by John Rao — National Consumer Law Center, 2012. 1032 pages.
KF 697 R3

This title contains information on mortgage servicing and home foreclosures in single family dwellings, manufactured homes, and condominiums. It examines loan modifications, abuses by mortgage servicers, the use of bankruptcy to prevent foreclosure, predatory lending, and legal issues that arise after a foreclosure sale is completed. It also contains extensive appendices which cover selected statutes and regulations regarding mortgages, summaries of related laws, sample forms, and a glossary. The fourth edition includes new chapters on the authority to foreclosure and condominium and homeowner association liens and foreclosures as well as a new appendix on state tax lien foreclosure laws in addition to updated case law information.

Criminal Law


by Wayne LaFave — Thomson West, 2012. 6 volumes.
KF 9630 L3

The new fifth edition of this classic treatise on the Fourth Amendment expands and updates subject matter to give a thorough treatment of developments in search and seizure law. Readers will find discussion of the many new significant Supreme Court cases decided since the publication of the last edition, as well as discussion of emerging topics that are gaining importance. Ripped from the headlines, the author states in his preface that a discussion of data mining and collection of the private information of citizens is included in the updates.

by Texas RioGrande Legal Aid — Texas Rio Grande Legal Aid, 2012. 1 volume.
KFT 9747 L63

This guide was put together by Texas RioGrande Legal Aid and Texas C-BAR to help ease the transition back into society after incarceration. It provides guidance on how to obtain identification cards, what your criminal record contains, who is eligible for expunctions and nondisclosure orders, how to seek employment, shelter and housing issues, family law issues, voting, education and financial aid, and other public benefits. This is a great resource for ex-offenders as well as advocacy organizations.

Available electronically: http://www.texascjc.org/sites/default/files/uploads/TRLA%20REENTRY%20GUIDE%202012.pdf

Criminal Procedure


by Stephen A. Saltzburg — Anderson Publishing, 2012. 1 volume.
KF 9619 F43

This very practical manual provides the text of each Federal Rule of Criminal Procedure and then provides a commentary to highlight the “key issues” associated with the rule. "Practice Tips" for both the defense and prosecution are included to help put the rules in to practice. Providing citations to related rules, constitutional and statutory provisions, leading cases and treatises allows the reader to easily locate additional information, while keeping the manual compact. Reprints of the Federal Rules of Criminal Procedure, Federal Rules of Appellate Procedure and the Federal Rules of Evidence are included as appendix material.

by Texas Appleseed (Foundation) — Texas Appleseed, 2013. 39 pages.
KFT 8900 I46

In this study the authors researched the criminal discovery policies of over 30 Texas counties and, in conjunction with the state discovery statutes, compared them to the American Bar Association's best practices. The authors then provide recommendations for changes to the Texas statute which will decrease the likelihood of wrongful convictions.

Available electronically: http://media.cmgdigital.com/shared/news/documents/2013/02/26/discovery_report.pdf

Disability Law


by John Parry — American Bar Association, 2010. 770 pages.
KF 3828 P37

This volume from the American Bar Association's Commission on Mental and Physical Disability Law covers the many legal topics that are touched by civil mental disability law. Beginning with the history of this topic and a general overview, the manual examines several special topics such as: community-based mental health care and treatment, disability discrimination, social entitlements, civil commitment, and expert testimony.

Evidence


by Paul Mark Sandler — American Bar Association, 2010. 297 pages.
KF 8900 S26

The new third edition of this volume containing patterned questions for witnesses includes new model examinations and general updates to reflect changes in the law. The authors state that posing the right question or series of questions is one of the hardest skills to master. They also believe in passing on learned wisdom to attorneys who are just beginning their practice. This book is a product of those beliefs and will serve the lawyer who is looking to develop their witness examination skills well.

Family Law


by State Bar of Texas — State Bar of Texas, 2013. 1 volume.
KFT 535 H36

This continuing legal education (CLE) course took place in January 2013 in Austin. It is aimed at new lawyers as well as those who would like to learn more about how to handle a divorce case. This course covers a broad range of issues that attorneys come up against during a divorce case. Some of the topics include client intake; discovery "on a shoestring"; voir dire; temporary orders; trial presentation skills; how best to draft a divorce decree; and post-trial/appellate deadlines.

View the table of contents [PDF].

Immigration


by Marc R. Generazio — American Bar Association, 2011. 209 pages.
KF 4819 G46

Immigration Law by Marc R. Generazio is part of the ABA Fundamentals series. The titles in this series are created to provide a thorough, but concise overview of an area of law for the practicing lawyer. Emphasis is given to assisting the practice of law rather than discussing legal theory. This volume is a handy quick reference guide, but also provides numerous references to primary and additional secondary sources for further research. The accompanying CD contains the INS forms.

by Ira Kurzban — American Immigration Lawyers Association, 2014. 2045 pages.
KF 4819.3 K87

This sourcebook is designed to search as a quick reference guide to relevant federal and administrative cases, regulations and statutes, and agency rulings for all major areas of immigration law. It can be used to pinpoint the significant cases and references on a particular topic, or as a basis for further research on a particular issue. The thirteenth edition includes new information on prosecutorial discretion memoranda, memoranda from ICE for terminating employees for I-9 violations, revocation of visas development, and terrorism charges defenses in addition to over 2,000 new regulations, cases, and memos.

Available electronically: http://ezproxy.sll.texas.gov:2048/login?url=http://ailalink.aila.org/#documents/39989

Insurance


by Harold Skipper — American Bar Association, 2011. 516 pages.
KF 1171 S53

This title provides comprehensive information on life insurance to improve recommendations to clients. The title is divided into six parts which are entitled: the life insurance purchase, assessing life insurance company financial strength, life insurance policy fundamentals, determining the appropriate policy for each application, life insurance illustrations and the sustainability of policy values, and the issues involved in ongoing policy management. Appendices provide a sample agent questionnaire, descriptions of rating categories, attributes of different policies, and tabular detail for different sample policies.

Intellectual Property


by State Bar of Texas — State Bar of Texas, 2012. 1 volume.
KFT 3155 P387

Per the State Bar of Texas, "[t]he enactment of the America Invents Act, as well as a line of decisions from the Federal Circuit concerning venue and joinder, has resulted in litigants using Multidistrict Litigation (MDL) in patent lawsuits. This course covers the causes of such utilization and the effects of MDL on patent litigation, as well as the effects of patent litigation on the Judicial Panel for Multidistrict Litigation (JPMDL)."

View the table of contents [PDF].

by State Bar of Texas — State Bar of Texas, 2013. 1 volume.
KFT 3114 S77

This new course from the State Bar of Texas discusses the implications of the Leahy-Smith America Invents Act, which became effective March 2013. This law alters the landscape of patent law by favoring the first inventor to file patent, rather than the first to conceive of the idea. Special topics include changes for prosecutors, pre-filing investigations, and post-grant proceedings.

Judges and Judicial Conduct


by Arthur Garwin — American Bar Association, 2011. 640 pages.
KF 8779 A55

The second edition of this volume reflects the major overhaul to the Model Code of Judicial Conduct that was adopted in 2007. For each rule in the newly revised Model Code of Judicial Conduct, the authors provide commentary, a comparison to the 1990 rule, and references to cases decided based on the rule. Due to the newness of the revisions, there is little authority citing to the new rules; the authors provide a comparison to the former standards and the caselaw that resulted.

Juries and Jury Instructions


by State Bar of Texas — State Bar of Texas, 2012. 311 pages.
KFT 8984 S7 C76

This volume includes a thorough discussion of legal issues of concern in drafting criminal charges, a complete general charge, and special instructions for a variety of property crime topics. With this book, the committee designed an outline that explicitly states the relevant statutes and legal definitions and then applies the law to the facts in commonsense language. Each section is clearly identified, and the format enhances readability for the jury. The book also includes a quick guide to drafting a jury charge.

Law Practice Management


by Sharon Nelson — American Bar Association, 2012. 319 pages.
KF 320 A9 N45

This text explains the information security risks facing law firms and how lawyers can protect their data from these threats. It is written in clear, non-technical language. This book will help the reader create and store secure passwords, assess existing security risks, work securely from mobile devices, encrypt data, secure wired or wireless networks, wipe data for disposal, develop an information security checklist and handle breaches in security. It also includes these appendices with the FTC disposal rule, information security program checklist and the FTC safeguards rule, to name a few.

by Carol Greenwald — American Bar Association, 2012. 260 pages.
KF 311 G74

This books helps law firms identify strategies to keep its clients and increase business. It shows how to focus on the client, create a foundation of loyalty, master the communication skills needed to build a client-centric practice and to research and understand your current practice. Includes forms and worksheets. In the appendices, you'll find the "Model rules of professional responsibility", a basic guide to online research and a "guide to client-centric initiatives".

by Nelson Miller — American Bar Association, 2012. 288 pages.
KF 336 M55

This book explains pro bono opportunities that will broaden, deepen and strengthen your paying practice and legal career. The author offers practical advice about helping underserved populations and provides guidance on developing the inter-cultural skills to serve pro bono clients, learning from other lawyers through case studies, serving charitable organizations promoting pro bono work and complying with ethics rules governing pro bono work.

by Steven Shaer — American Bar Association, 2012. 97 pages.
KF 316.5 S53

This book provides strategies for building relationships with referral sources, getting and managing new referrals, developing networking skills, and transforming acquaintances into clients. Some of the chapter topics discussed are how lawyers get clients, understanding referrals and the referral process, feeding acquaintances into the referral funnel, networking-event skills and the role of marketing in business development.

Legal Research and Writing


by State Bar of Texas — State Bar of Texas, 2013. 1 volume.
KFT 250 E93

This continuing legal education (CLE) course took place in Austin in April of 2013. Each chapter tackles an individual aspect of legal writing and aims to improve attorneys' writing skills. Topics include identifying and understanding the objective for every legal document; how to be clear in your writing; the use of style manuals; common grammatical errors; how to make your legal writing interesting; effective self-editing; and the role of persuasion in legal writing.

View the table of contents [PDF].

Probate


by Nikki DeShazo — Thomson West, 2011. 3 volumes.
KFT 209 T5 PROB.

This three volume set provides comprehensive coverage of Texas probate law. Specific chapters cover a range of topics including marital property, independent administration, creditor claims, temporary administration, qualification and removal of guardians, and temporary guardianships. This set also contains various probate forms. All of the Texas practice guide titles are accessible through the library's Westlaw subscription.

Real Property


by W. Mike Baggett — Thomson West, 2011. 3 volumes.
KFT 209 T5 REAL EST.

This three volume provides in-depth coverage including forms of Texas real estate litigation. Specific chapters which cover statutory limitations, purchasing real estate, selling real estate, titles and title insurance, secured transactions, adverse possession, issues with adjacent property owners, eminent domain, land use regulation, property tax, and the landlord-tenant relationship. All of the Texas practice guide titles are accessible through the library's Westlaw subscription.

by John Rao — National Consumer Law Center, 2012. 1032 pages.
KF 697 R3

This title contains information on mortgage servicing and home foreclosures in single family dwellings, manufactured homes, and condominiums. It examines loan modifications, abuses by mortgage servicers, the use of bankruptcy to prevent foreclosure, predatory lending, and legal issues that arise after a foreclosure sale is completed. It also contains extensive appendices which cover selected statutes and regulations regarding mortgages, summaries of related laws, sample forms, and a glossary. The fourth edition includes new chapters on the authority to foreclosure and condominium and homeowner association liens and foreclosures as well as a new appendix on state tax lien foreclosure laws in addition to updated case law information.

Trial Practice


by Texas Municipal Courts Education Center — Texas Municipal Courts Education Center, 2011. 1 volume.
KFT 8775 B46

This title was put together by the Texas Municipal Courts Education Center to serve as a reference guide for the municipal judges across Texas. Because it lays out and describes various court procedures, it's also a great resource for anyone who has a pending legal issue in a municipal court and decides to represent himself or for attorneys whose clients have pending cases in a municipal court. This most recent edition incorporates the changes in law passed by the 82nd Legislature in 2011. It discusses issues related to bonds and bail, search warrants, self-represented/pro se litigants, pleas, pretrial and trial proceedings, sentencing, new trials and appeals, and juvenile proceedings.

Available electronically: http://www.tmcec.com/public/files/File/Resources/Final%20Website%20Bench%20Book/2011%20Bench%20Book.pdf

page last updated: 25 Feb 2013 10:49 AM