American Bar Association
Access to government in the computer age; an examination of state public records law. (CD-ROM included)
State public records laws were by and large formulated prior to today's pervasive reliance on information technology. Chumbler (chair of the practice group on open government law and government contracting at the law firm of Carlton Fields) presents seven articles that address the changing nature of public records law in the digital age. Papers address the application of public records laws to electronic data, the implications of electronic documents within the context of discovery, the interplay between access to public records and litigants' right of discovery, the implication of electronic records and electronic access to records on the balance between the right of public access and the right to personal privacy, issues and pitfalls that face private corporations subject to public records laws by virtue of outsourcing by government, and the relationship between traditional attorney work and client communication privileges and public record laws. The CD-ROM contains links to the principal public records statute of the states and the District of Columbia and to other resources. (Annotation ©2008 Book News Inc. Portland, OR)
The attorney-client privilege and the work-product doctrine, 5th ed.; 2v.
Updated to reflect new case law, the 5th edition of this well- organized text provides clear discussion of these two very commonly invoked legal doctrines. Attorney-client privilege and its purpose and scope are defined, with separate sections on its elements, including communication, privileged persons, in confidence, and for purpose of seeking or obtaining legal assistance. Especially lengthy are the sections on waivers both of attorney-client privilege and of work- product protection. Following the chapters on work-product protection is a concluding section on factors that both doctrines hold in common. Volume Two concludes with a bibliography and full table of cases. Lacks a subject index. (Annotation ©2008 Book News Inc. Portland, OR)
From handshake to closing; the role of the commercial real estate lawyer.
Saltz (real estate law, Yale Law School) distills his 40 years on the job into advice on the communication, advising, and litigating skills he found most important in commercial real estate law. The first large chapter, on documentation of the documentation of transactions, excerpts common substantive provisions and discusses drafting pitfalls to avoid such as vagueness. The remaining chapters cover the review and analysis of documents and negotiating techniques, also including substantial examples from the author's practice. (Annotation ©2008 Book News Inc. Portland, OR)
The Indian Child Welfare Act handbook; a legal guide to the custody and adoption of Native American children, 2d ed. (CD-ROM included)
For generations they were taken from their families and adopted by whites as a way of breaking up the Indian nations. Then it became fashionable to adopt a Native American child. Now, under the Indian Child Welfare Act (ICWA), all sources of support by the Native American community must be exhausted before courts will consider cross-racial adoptions. This gives the basics on the act, its applicability, judicial provisions, procedural requirements, placement provisions, collateral challenges, funding and historical record. The authors include a table of cases and a set of documents including the Act, lists of Indian entities recognized and eligible to receive services, and tribal addresses. This edition has been updated to include current policies and cases. (Annotation ©2008 Book News Inc. Portland, OR)
The lawyer's guide to buying, selling, merging, and closing a law practice.
Editors Butler, American Bar Association (ABA) Associate Executive Director, and Paszkiet, ABA Deputy Director of Book Publishing, have compiled a guidebook specifically intended for solo and small firm lawyers interested in buying, selling, merging, or closing a law practice. The volume's 12 detailed chapters offer what is almost a step-by-step guide. Chapters include an overview of buying and selling a practice or niche practice, ethics aspects of acquiring a practice, valuation and price setting, tax issues, issues to consider in mergers, file preservation, and ending client and employee relationships. Written by 11 experienced lawyers, the chapters are organized point-by-point, followed by a conclusion, and recommendations for further reading. While some topics are complex, the writing is uniformly clear and concise. (Annotation ©2008 Book News Inc. Portland, OR)
The lawyer's guide to marketing on the Internet, 3d ed.
Almost any business can benefit from an effective Internet presence. This updated how-to-guide is tailored to the specific needs and concerns if lawyers. Editors Siskind, a practicing attorney, McMurray, a marketing consultant specializing in law firms, and Klau, a technology professional, offer a comprehensive manual with chapters detailing how to develop an Internet marketing plan, Web site design and content, e-mail marketing and podcasts, and ethical considerations. The book also provides background on search engine optimization, navigational tools, graphic design issues, interactive tools, and other elements that can improve the effectiveness, ease of use, and appeal of a marketing Web site. (Annotation ©2008 Book News Inc. Portland, OR)
The litigation manual, 3d ed; first supplement.
Comprising 77 articles published since the 1999 The Litigation Manual, this provides current theories and practical techniques needed in the preparation of a case for trial, including recent findings on the perceptions of jurors, witnesses and judges. The articles include information on gender issues, learning the craft of preparing a case, knowing when clients are worth accepting and communicating with them. Articles also cover motions, including basic practice, preliminary injunctions and matters of jurisdiction; discovery and depositions, including investigation and preparing a witness for deposition; setting up the trail, including determining if a jury is the best option and avoiding rule traps; what works as evidence, including commentary on Rule 403; tactics in jury selection, opening statements, and selecting expert witnesses; litigating damages, whether actual or punitive; appeals, methods of writing and speaking, and dealing with the aftermath. (Annotation ©2008 Book News Inc. Portland, OR)
A practical guide to software licensing for licensees and licensors; analyses and model forms, 2d ed. (CD-ROM included)
In this book/CD-ROM package, Classen (University of Baltimore Law School) examines some of the issues that both licensors and licensees may confront in the negotiation of a software license, and looks at related issues such a software development and maintenance and support. He concentrates on non-mass market agreements. The book does not address the licensing of open source software, although it does discuss tangential issues relating to open source software which licensors and licensees must consider due to the prevalence of open source software in development environments. This second edition contains new chapters on the negotiation process, licensing software, and boilerplates, plus expanded material on grant of license, escrow agreements, and shrink-wrap and click-wrap licenses. The CD-ROM contains model forms. The author serves on the Board of Advisors of The Intellectual Property Counselor. (Annotation ©2008 Book News Inc. Portland, OR)
Science for lawyers.
In 13 expert-written articles, judges, lawyers and their staffs get enough information to know what to ask next and where to look to find more information. Topics include ballistics, biology, chemistry, computer forensics, dentistry, engineering, environmental science, genetics, linguistics, medicine, physics, psychology and statistics, each including relevant case law and interpretations. Articles also include descriptions of the work of leading lights in each field, illustrations and graphics, along with self-test questions. The result is remarkably compact and succinct, given the breadth of the material, and is accessible enough an informed general readership. (Annotation ©2008 Book News Inc. Portland, OR)
Thinking about terrorism; the threat to civil liberties in times of national emergency.
Tigar (a veteran lawyer who has defended such figures as Angela Davis, John Demjanjuk, Terry Nichols, and Lynn Stewart) presents a series of essays exploring issues of terrorism and law in world history. Notably, he addresses both state-sponsored terrorism and terrorism by non-state actors, devoting a section to each. In the section on state-sponsored terrorism he includes discussion of judicial proceedings related to Chilean dictator Augusto Pinochet and the assassination (on the streets of Washington, DC) of Pinochet opponent Orlando Letelier; judicial proceedings involving French collaborators with the Nazis; truth and reconciliation processes in South Africa and Chile; and the jurisdiction, procedure, fairness, and limits of international criminal tribunals. In the second section he discusses the colonial roots of terrorism, terrorism in anticolonial struggles and civil wars, US policy towards the People's Mujahideen of Iran (the Mujahideen-e Khalq), terrorism and the Fourth Amendment of the Constitution, Judge Richard Posner's Not a Suicide Pact; and the Bush administrations plans to use military commissions to try the so-called "enemy combatants" held at Guantanamo. (Annotation ©2008 Book News Inc. Portland, OR)
U.S. data breach notification law; state by state.
The thirty states in the US that had legislation on data breach notification at the time this book was written mostly model their laws on the 2005 California Security Breach Information Act, but the details vary from state to state. Hutchins surveys the laws alphabetically by state in terms of the presence or absence and nature of the following elements: the entities covered, type of information covered, what constitutes a breach, who must be notified, how quickly notice must be provided, form or method of notification, how notification requirements differ for those who simply "maintain" personal information, safe harbor for companies that already have notification procedures, notification to additional parties, and enforcement and potential penalties. The appendix comprises a comparative summary of the same information. (Annotation ©2008 Book News Inc. Portland, OR)
