Duly Noted

Duly Noted — June/July 2014

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.

Business and Commercial Law


by Donna Gerson — American Bar Association, 2014. 152 pages.
KF 319 G47

This very brief and easy-to-read title aims to show that "good manners are, simply put, good for business." In Emily Post fashion, the authors provide tips and suggestions for a variety of situations that attorneys and legal professionals face every day. They focus on interactions with clients, peers and "those more junior," managers and "those more senior," potential employers, and opposing counsel. Also discussed are tips on changing jobs with tact, how to work well with others, and how to handle various social situations.

by Jill Rhodes — American Bar Association, 2013. 299 pages.
KF 318 A75

In 2012, the American Bar Association created the Cybersecurity Legal Task Force. The task force is made up of attorneys in numerous practice areas because this issue is critical to every law practice, business, and government. This group’s goal was to create not only a valuable practical handbook for “understanding, planning for, and responding to a cyber-breach”, but also provide a framework for the vital national discussion on privacy and security in the increasingly electronic world. The handbook includes numerous appendices that provide handy references to relevant statutes, court decisions, and ethics opinions on outsourcing, cloud computing and metadata. Additional information can be found on the Task Force’s webpage, http://www.americanbar.org/groups/leadership/office_of_the_president/cybersecurity/resources.html. This page serves as a repository of the information they gathered and continue to gather in their research.

Construction Law


by Franklin Elmore — Forum on the Construction Industry, 2013. 386 pages.
KF 902 F86

This ABA title is an excellent overview of construction law. Leading construction law practitioners wrote chapters in their field of expertise. Coverage is grounded in real world issues that arise in the construction industry such as contracts, insurance, building codes, and finance. Prior to discussing these issues, authors discuss the various perspectives of each party to a construction contract which allows the reader to understand the concerns of all parties. Each chapter contains references to sources that provide either more-detailed coverage or a broader perspective on the topic. The detailed index and table of cases provide additional access points.

Family Law


by Kim Munsinger — State Bar of Texas, 2014. 339 pages.
KFT 535 A2 C6

A collaborative divorce allows the separating couple to come to an agreement, with the help of attorneys and other professionals, without going to court. This book defines, instructs, and gives the philosophy behind the practice of collaborative law in Texas. The second half of the books contains “essential documents”, which include various contracts to assist the collaborative law practitioner from beginning to end. Easy to read and recommended for family law attorneys as well as the lay person interested in learning more about a collaborative divorce.

by Lourdes Rosado — First Chair Press, 2014. 149 pages.
KF 337.5 J88 C48

The Children's Rights Litigation Committee (CRLC) was created by the Section of Litigation of the American Bar Association with the intent of focusing on the unique needs of children in the legal system and their right to competent legal representation. Members of the CRLC have contributed to this resource, which describes the many ways in which children need attorneys to advocate for them and how attorneys can best meet these needs. Each chapter describes a real-life case involving children and one of the many ways that they can become entangled in the legal system – from foster care to the juvenile justice system. Each case narrative is complemented by relevant statutory law and expert advice and guidance pertinent to that case.

by Ellic Sahualla — Texas District and County Attorneys Association, 2012. 268 pages.
KFT 9323 S24

Family violence is a serious and pervasive problem that affects tens of thousands of Texans a year. In response to this problem, the El Paso District Attorney’s Office has developed an innovative and nationally regarded early intervention domestic violence prevention program. Two prosecutors from this office, Ellic Sahualla and Patricia Baca, have compiled their experience and expertise to create this manual, published by the Texas District and County Attorneys Association. Eight chapters, which cover topics ranging from the initial emergency call to punishment, provide a comprehensive guide to the unique and challenging aspects of a family violence prosecution. The accompanying CD contains forms and samples from all stages of the trial.

Gambling


by Charles Palmer — American Bar Association, 2014. 140 pages.
KF 3989 P35

Part of the American Bar Associations Little book of series, this casebook explore legal issues surrounding horse racing in a fun and engaging way. Chapters look at a variety of topics including gambling, discrimination against patrons considered "rascals," search and seizure, performance-enhancing drugs, misrepresentation of a horse, and torts.

Health and Health Care


by State Bar of Texas — State Bar of Texas, 2014. 1 volume.
KFT 3825 W53

This course was held in February, 2014 in Dallas and provided an overview of some of major changes implemented by the Affordable Care Act. The course focuses on how the changes affect hospital administrators, human resources departments, and small business owners. Information is provided on the Texas Medical Records Privacy Act, Accountable Care Organizations and Health Care Collaboratives, requesting medical records, secondary payor issues, the employer shared responsibility mandate, and issues surrounding divorce and healthcare issues.

View the table of contents [PDF].

Immigration


by Robert Divine — Juris, 2014. 1 volume.
KF 4819 D58

The 15th edition of this title, updated in 2014, takes an in-depth look at immigration practice and procedure. It starts with a practical discussion of how best to deal both with clients and with government agencies -- including client intake and fees, navigating the Dept. of Justice and the Dept. of Homeland Security, and requesting government files -- before moving on to the immigration process itself. The various types of temporary and permanent residencies are also discussed. This 2014 edition has been updated with pertinent links to government websites, recent court decisions and Board of Immigration Appeals decisions, and agency regulations and policy memoranda. Includes a CD-ROM with frequently used forms, documents, and checklists.

Judges and Judicial Conduct


by Texas Municipal Courts Association Center — Texas Municipal Courts Association, 2005. 1 videodisc.
DVD KFT 8841 T45

This video from the Texas Municipal Courts Education Center was produced to help prepare pro se defendants for their cases in municipal court. The video does a great job at providing information in an easy to understand format with the main points and definitions such as ex parte appearing in text at the bottom of screen. A discussion of the role of the court, the rights of criminal defendants, and a timeline a case are provided. This video is freely available in two parts on YouTube.

Available electronically: http://www.youtube.com/watch?v=4R-X-obd7Uw and https://www.youtube.com/watch?v=eRvejtpdjVU

Law Practice Management


by Tom Mighell — American Bar Association, 2014. 107 pages.
KF 320 A9 M48

As the publisher notes, earlier additions of this book "helped thousands of attorneys" become iPad proficient. Arranged into lessons, this book is most appropriate for the iPad beginner. Lessons include information on the physical set-up, email configuration and how to download apps. The second half of the book has an updated annotated list of productivity apps, as well as those for "doing lawyer things". Highlights of legal specific apps include various tools for trial including apps for jury selection, reviewing and annotating depositions, as well as a variety of legal research apps.

by Sheila Blackford — American Bar Association, 2014. 132 pages.
KF 318 B57

Any attorney has seen firsthand the volume of paper produced by the practice of law. This slim volume from the American Bar Association's Law Practice Division not only makes a solid case for why you should transition to a paperless practice, but also provides nine lessons on how reach that goal. Authors Sheila M. Blackford and Donna S.M. Neff guide the reader through determining his goals, analyzing workflow, assessing technological needs, developing protocols, and ethically managing paperless files. Readers may find the authors’ recommendations for specific brands and models of technological equipment such as scanners, software and apps particularly helpful.

by Jeff Lantz — American Bar Association, 2012. 232 pages.
KF 320 A9 L365

This text provides step-by-step instructions on how to develop a website that will attract clients. Some of the things you'll learn are how to create a brand that addresses the needs of your client, how to differentiate yourself from competitors, how to develop a compelling client-centered website and how to create powerful attorney profiles and practice area pages.

by American Bar Association. Section of Litigation. — American Bar Association, 2013. 471 pages.
KF 9084 P73

This text is a compilation of articles to be used as helpful guides in the practice of law. The author’s goal is to share the viewpoints of successful practitioners on some of the basic issues faced by attorneys in their practice. The main topics addressed are alternative dispute resolution, discovery and ethics, because the author believes that these issues are timeless and universal in their appeal and that knowledge in these areas is essential. It was written with the new attorney in mind, but may also be used by the seasoned attorney as a refresher tool.

by Edward Poll — American Bar Association, 2014. 448 pages.
KF 315 Z9 P64

This text educates attorneys in the creation of their law firm or solo practice. It outlines the fundamental tasks involved in running a law practice. Some of the main topics addressed are creating a business plan, creating a marketing plan, marketing beyond advertising, financial management, employee issues and technology. It also includes checklists, sample forms and documents.

by Luz Herrera — American Bar Association, 2014. 178 pages.
KF 336 H47

The ABA's Standing Committee on the Delivery of Legal Services put together a series of essays written by attorneys that explore various methods of providing affordable legal services. These essays discuss limited scope representation, delivering legal services online, unbundling services, fee shifting, and "low bono" attorneys. A great trove of ideas for practitioners who wish to reach members of the public who may not have enough means to afford legal services.

Legal History


by John Weems — Simon and Schuster, 1995. 363 pages.
KFT 350 W4

New to the library but first published in 1971, this title tells the story of the ten years when Texas existed as an independent nation -- the Republic of Texas. According to the foreword, this book was the first of its kind because it was aimed at the general reader yet it maintained its academic credentials. Roger Conger, former president of the Texas State Historical Association, praised this title for both its thoroughness and its "entertaining style." Starting with the years preceding the Republic, each chapter delves into a small chunk of Texas history. Overall, a good read for anyone wanting to learn more about the time when Texas was its own nation.

Legal Research and Writing


by Elyse Fox — Legal Information Services, 2014. 94 pages.
REF DESK KF 240 F69

This small spiral bound pamphlet answers clearly and concisely many questions that those without a JD might ask regarding legal research. The questions range from defining legal jargon to referring the reader on which legal resource might help find specific information. The text is targeted to those with beginner knowledge and would be most appropriate for the general public and first year law students.

by Janet Kole — American Bar Association, 2013. 135 pages.
KF 251 K65

This practice guide provides both the experienced and new attorney with tips on how to write a persuasive brief. Some of the topics covered are things to avoid, humanizing your client, finding and arguing the law, the responsive brief, ethical issues and the mechanics of organization. The author summarizes her instructions with seven persuasive writing rules of thumb. It also includes a brief-writing checklist.

by Joseph Kimble — Carolina Academic Press, 2006. 199 pages.
KF 250 K53

This is a collection of Kimble's essays on plain language. Divided into two parts, the first one discusses arguments and evidence. This section lays out the case for the usage of plain language instead of legalese. Part two provides more information on plain language and usage examples. Throughout the volume are examples where documents in legalese are translated in plain language.

Privacy


by Jill Rhodes — American Bar Association, 2013. 299 pages.
KF 318 A75

In 2012, the American Bar Association created the Cybersecurity Legal Task Force. The task force is made up of attorneys in numerous practice areas because this issue is critical to every law practice, business, and government. This group’s goal was to create not only a valuable practical handbook for “understanding, planning for, and responding to a cyber-breach”, but also provide a framework for the vital national discussion on privacy and security in the increasingly electronic world. The handbook includes numerous appendices that provide handy references to relevant statutes, court decisions, and ethics opinions on outsourcing, cloud computing and metadata. Additional information can be found on the Task Force’s webpage, http://www.americanbar.org/groups/leadership/office_of_the_president/cybersecurity/resources.html. This page serves as a repository of the information they gathered and continue to gather in their research.

Public Information and Records


by American Bar Association — American Bar Association, 2013. 134 pages.
KF 1263 C65 A744

The ABA has been in the process of promulgating and updating best practices or standards to be followed to ensure that criminal investigation procedures are predictable and fair to law enforcement and to the defense. Records resulting from purchases and even views on the internet are pervasive. These third parties can be bookstores, pharmacies, online merchants, and banks that collect information on consumer purchases. This information is retained in electronic format, so searching through it can be a relatively quick computer task. This trove of data can be very revealing to marketers and to criminal investigators. These standards seek to strike the “delicate balance between law enforcement’s legitimate need for access to such records and the privacy rights of the subjects of those records.” Each standard is followed by a commentary to aid in understanding.

Real Property


by William Locke — State Bar of Texas, 2014. 2 volumes.
KFT 697 F6 L6

Now in its third edition, the Texas Foreclose Manual has been expanded to two volumes and contains twenty-two new chapters. It was written for practitioners representing either the borrower or the lender as well as experts in the real estate field and provides forms and instructions for the entire foreclosure process. New chapters include preforeclosure title concerns, borrower challenges to foreclosure and lender responses, consequences of wrongful foreclosure, the commercial foreclosure process, and reverse mortgage foreclosure. The set also has an appendix entitled “Texas County Foreclosure Resources” which includes information on the designated sale sites, appraisal district web site, and the county web site for each county. Additional information is supplied on some counties such designated sale site on holidays, locations for filing and posting notices, and person responsible for posting.

Roads and Highways


by Kenneth Bennight, Jr. — Alpha Major, 2014. 107 pages.
KFT 5525 B46

This concise little handbook gets right to the point and addresses common legal issues involving Texas streets and alleys in question and answer format. Author Kenneth L. Bennight Jr. draws on years of real estate law experience to briefly explain key components of street law. Several sample forms for public-street easement deeds, street-closure deeds, street-closure ordinances, and joint-use agreements are included after the main text. Especially recommended for real estate professionals or city employees.

Sports


by Darren Heitner — American Bar Association, 2014. 219 pages.
KF 299 S66 H45

Written as a practical guide for those interested in practicing law in the sports world, this text is easy to read and takes the reader through the many issues a sports lawyer might encounter. The author divides the text into a variety of issues from collective bargaining agreements and drug testing to IP and ethics. Real world examples are given, as well as case studies for each topic. This text is well researched and footnotes are found on every page citing news and law review articles as well as statutes and applicable cases. The appendix also includes samples of frequently used forms. Highly recommended for attorneys and law students interested in practicing sports law.

Veterans


by American Bar Association — Random House Reference, 2013. 372 pages.
KF 390 M55 A58

The American Bar Association publishes several excellent plain English legal guides. This volume addresses general consumer topics, as well as issues particular to service members and their families. The reader will be prepared to make better informed consumer decisions and be aware of the protections afforded them because of their military status. Chapters specific to service members cover military health care and insurance, discharge and veterans benefits and disability. Each chapter concludes with a listing of internet resources for further research.

page last updated: 25 Feb 2013 10:49 AM