UHLC Nota Bene

Did you know? The Texas Lawyers’ Assistance Program is hosting free, confidential, personalized online support sessions for law students. These support sessions provide an opportunity to meet virtually and one-on-one with a TLAP team member to confidentially share and discuss feelings of stress, anxiety, depression, being overwhelmed, or other challenges that may be standing in the way of your health and wellness.  To schedule an individual support session, call or text 1-800-343-TLAP (8527). For additional resources and more information on how TLAP supports Texas law students, check out TLAP helps law students .

Did you happen to catch “Thrive: Interconnectivity of Mind & Body Well-Being”? If not, allow me to summarize just a few of the many relevant takeaways offered by Justine Karanof of Faranof Law during her recent talk on how to manage stress and maintain your mental health amid today’s multitude of stressors. First, Justine reminds us that, as with meditation, we don’t need to entertain a certain, strict posture with the law. She suggests we seek to find what works for us and encourages us to think about alternative ways to balance work and self-care. Working on a project outside or taking a walk during a Zoom meeting, she explains, are solutions that can easily be incorporated into the workday.  To think more critically about self-care, Justine encourages us to consider what each of rest, nourishment, movement, connectedness, and meaning look like in our personal and professional lives. Naturally, she notes that today’s normal will look different from that of your pre-COVID nor...

“Man’s inhumanity to man is not only perpetrated by the vitriolic actions of those who are bad. It is also perpetrated by the vitiating inaction of those who are good.” –Martin Luther King Jr.   Last week, I had the pleasure of attending  Professor Zachary D. Kaufman ’s presentation on  Lessons for Today from the Genocide Against the Tutsi in Rwanda  hosted by the  Johannesburg Holocaust & Geno cide Ce ntre . Among the many takeaways highlighted by Professor Kaufman and drawn from  Lessons from Rwanda: Post-Genocide Law and Policy   were ten simple yet profound lessons:   Lesson #1: Hate speech is dangerous.   To illustrate the role that hate speech played in the Rwandan genocide, Professor Kaufman discussed multiple forms of  propaganda , such as Kangura, Radio Rwanda, and RTLM “hate radio.”   He concludes that we must have limits, including with respect to social media, and further asserts that social media must do a better jo...

Sarah Song knows a thing or two about immigration. Born in South Korea, she immigrated to the United States with her parents when she was six years old. After having to repeat the first grade because she didn’t speak English, she went on to earn an M.Phil in politics from Oxford and a Ph.D in political science from Yale. She is now a professor of law and political science at the University of California, Berkeley, where her work centers on issues of immigration, citizenship, and multiculturalism. Song’s second book, Immigration and Democracy , is the product of years of careful thinking about immigration and its role in democratic societies. The arguments presented here are grounded in a deep understanding of political theory, providing a necessary corrective to the crude sloganeering that too often shapes our public discourse on immigration policy. As Song states in her preface, she has written the book in the hope “that we can move beyond an ‘us versus them’ mentality and engage ...

Sitting for the bar exam this week? Tired of reviewing doctrine, but still looking for something to get you in the right head space before the big days? Check out our new title, Bar Exam Success: A Comprehensive Guide by Sara J. Berman. Bar Exam Success has lots to offer! It will teach you how to develop a plan for success, find and use quality expert help, maximize your schedule for productivity, prepare with practice tests, eliminate distractions and embrace success, and more. No time for all of that reading? Check out the “handy tips for bar days” at the end of Chapter 9. There, you’ll find ten quick test-taking tips specific to each of essays, MBEs, and MPTs. Whether you need some last minute tips before this week’s exam or are looking to get a head start on July’s, Bar Exam Success is an excellent resource now available on the new books shelf. To those sitting for the bar this week, BEST OF LUCK from all of us at the O’Quinn Law Library!

The ABA's State and Local Government Law Section has recently published the fourth edition of America Votes!: Challenges to Modern  Election Law and Voting Rights , which is now in the library's collection on the new title's shelf ( KF4886.A86 ). The twenty-one chapter book is edited by Benjamin E. Griffith and John Hardin Young , and is separated into five parts. Each chapter is authored by attorneys or legal scholars who are experts in the field. The first part, "Voter Qualification and Participation," begins with a discussion of immigration, citizenship, and the 2020 census, the connection between Florida felon re-enfranchisement law and poverty, strict construction of voter registration laws (Georgia's 2018 election experience), Native American voting rights, millennials and electoral access in 2018-2020, and a holistic approach to assisting minority language voters. The second part covers the voting process and explores topics such as voter ID laws, ...

Curious about how Louisiana law differs from the law in Texas (and the other 48 states)? The O’Quinn Law Library has a new book that helps to explain some of the peculiarities associated with the only civil law jurisdiction in the U.S. The Legal System of Louisiana is part of the Legal Systems Series, which seeks to outline and explain various legal systems throughout the world. Specifically, The Legal System of Louisiana details the main features of the history of Louisiana's legal system, its sources of law, its constitutional framework, its legal actors, its criminal law, its law of persons, family law, property law, law of contract, law on delictual liability, quasi-contracts, business entities, and labor-employment law. At only 106 pages, it’s a quick read that will familiarize you with the foundations and fundamental features of Louisiana’s unique legal system. Interested in researching Louisiana law, too? You can also check out Louisiana Legal Research . Want more on...

The ABA Environment, Energy & Resources Section has recently published the second edition Environmental Litigation: Law & Strategy edited by Kegan A. Brown and Andrea M. Hogan. This eight-chapter book begins with Judicial Challenges to Federal Agency Action, which discusses types of agency regulatory action that is subject to challenge, requirements for such challenges, claims and standards of judicial review, and remedies.  The chapter covering environmental criminal enforcement looks at the issues related to criminal enforcement, elements established by federal environmental statutes, mens rea, pre-trial matters, trial, and sentencing. The chapter covering civil environmental enforcement litigation discusses direct statutory claims, permit enforcement, and regulatory enforcement, and endangerment authorities. It also reviews relief sought by the government including injunctions and penalties as well as defenses to enforcement, settlement, procedural and evidentiary issu...

Final exams are just around the corner, so our Relaxation Station will soon be in full effect! This time around, we're adding a few books written specifically for law students and lawyers. Titles include: Mindfulness for Law Students: Using the Power of Mindfulness to Achieve Balance and Success in Law School  by Scott L. Rogers Mindfulness for Law Students  introduces law students to contemplative practices and research that shows how incorporating mindfulness techniques can alter the physical structure and function of the brain to reflect decreased levels of stress, increased levels of productivity, and improved mental health. This book uses legal terms and concepts to teach lawyers what they need to know about mindfulness and neuroscience to lead more balanced and effective lives and was written with input from law students, law professors, and recent law school graduates to ensure that the lessons are accessible and can be easily integrated into your busy schedu...

BernanPress has recently published the Twenty-Fourth edition of Environmental Law Handbook . Edited by Thomas F.P. Sullivan, it contains seventeen chapters written by attorneys and scholars. The first chapter focuses on the basics of environmental law covering the environmental legal system, common law theories such as nuisance, trespass, negligence, and strict liability, as well as summary of different aspects of environmental law from statutes, environmental regulations, state and local laws. The second chapter covering enforcement and liability looks at federal enforcement trends, general concepts of enforcement and liability, civil enforcement and liability, citizen suits, and criminal enforcement, and mitigation and avoidance of liability. The other chapters focus on the major environmental acts, which make up the bulk of federal environmental law. The authors provide a thorough analysis of the Resource Conservation and Recovery Act (RCRA), Clear Air Act (CAA), Clean Water Act (C...

The O'Quinn Law Library collection now includes the 2020 edition of Texas Trial Procedure and Evidence by Jim Wren and Jeremy Counseller.   Texas Trial Procedure and Evidence is an annually-updated resource   It contains a number of quick-reference guides meant as a reference during trials, as well as containing what is effectively a practitioner's checklist for pre-trial preparation.  This book is intended as a reference guide for practicing attorneys, but it functions equally well as an introduction for law student to both trial practice and the rules of evidence in Texas courts.  Legal researchers may alse be interested in this book as a quick reference to search for rules by subject. Texas Trial Procedure and Evidence is currently available on the New Books shelf at the far end of the law library reference desk.  This book's call number is KFT 1779.W74 2020 .

Family law is full of complex and difficult issues, many of which are complicated even further when one or more parties serve in the military. Fortunately, Mark E. Sullivan has written a comprehensive, two-volume guide for attorneys representing servicemembers and their families in domestic cases. Now in its third edition, The Military Divorce Handbook covers a wide range of issues, such as locating military personnel, obtaining evidence abroad, obtaining documents from the government, navigating the Servicemembers Civil Relief Act, custody and visitation, military tax issues, pension and property division, domestic abuse, and family support. In addition to discussions of substantive law, the book also includes numerous practice tips, sample legal documents, and references for further research. The Military Divorce Handbook is now available at the O’Quinn Law Library, on the New Books shelf next to the reference desk.      

The Fourth Amendment to the U.S. Constitution protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.…” In doing so, it guarantees what Louis Brandeis called “the right to be let alone—the most comprehensive of rights and the right most valued by civilized men.” Today, when so much of our time is spent online or on our cell phones, this right is as important as ever. New technologies raise new questions about the proper application of the Fourth Amendment, and our courts sometimes struggle to keep up with the dizzying pace of innovation.  If you’re looking for a user-friendly reference guide to keep you up to speed on Fourth Amendment law, The Fourth Amendment Handbook is for you. Now in its fourth edition, this ABA publication begins with an introductory essay outlining the history of Fourth Amendment jurisprudence, followed by a survey of all Supreme Court Fourth Amendment cases through Jan...

Now in its fourth edition, Researching Texas Law has become an essential in the arsenal of the legal researcher in Texas. Authored by Baylor law professors Brandon D. Quarles and Matthew C. Cordon, Researching Texas Law covers both research strategy and topics and information specific to the Texas researcher. Researching Texas Law is not geared solely to law students, but practitioners as well. The legal research process and case law research receive their own complete, yet brief explanations. The case law chapter also includes a concise explanation of finding writ and petition history for civil and criminal cases, a practice unique to Texas and it’s multi-level appeals process.   From there the book goes straight to some of an attorney’s most important tools: court rules, jury instructions, briefs and records, and jury verdicts and settlements. The jury instructions section is especially useful, with lots of resources for jury charges specific to certain areas of law. O...

Still yearning for more on the criminal justice system after Confessions of an Innocent Man and When Justice Fails ? Looking for another perspective from that of the (fictionally) wrongfully accused or social science researchers? Not to fret… Rehabilitation and Incarceration: In Search of Fairer and More Productive Sentencing offers a unique, judicial perspective from the late Hon. Harold Baer Jr., who served on the New York Supreme Court and later “The Mother Court.” In Rehabilitation and Incarceration , U.S. District Judge Harold Baer Jr. explains the crisis of mass incarceration; how it came about; and the pressing need and means to reduce prison populations and recidivism, promote rehabilitation and re-entry into society, and protect public safety. Having presided over the experimental re-entry court of the U.S. District Court for the Southern District of New York, Judge Baer brings to Rehabilitation and Incarceration insight from his extraordinary experience in takin...

Still curious about The Mueller Report ? The O'Quinn Law Library has a brand new copy presented with related materials by  The Washington Post ! The Washington Post /Scribner edition contains not only the report but also a timeline of the major events of the Mueller investigation, a guide to the important individuals involved, and key supporting government filings (including criminal indictments).  The most complete and authoritative version available, The Mueller Report is essential reading for all citizens concerned about the fate of the presidency and the future of our democracy.  The Mueller Report is now available on the New Books shelf. Swing by the O'Quinn Law Library and check it out today!

The O'Quinn Law Library collection now includes the 5th edition of Refugee Law and Policy: A Comparative and International Approach by Karen Musalo, Jennifer Moore, Richard Boswell and Annie Daher. Refugee Law and Policy: A Comparative and International Approach is, as its title suggests, a study of refugee law.  While written for a United States audience, this book examines new legal developments affecting refugees in Europe as much as it does those in Central America.  This book is primarily aimed at law students, but there is sufficient historical analysis to make this book of interet to academic researchers and to social scientists interested in current events involving large-scale refugee movements.  Attorneys might also appreciate the examinations of standards and practices if interested in beginning a refugee law practice.  The new changes to the 5th edition include analyses of gang violence as the cause of refugee emigration as well as discussions of per...

In my last post , I reviewed Professor David Dow ’s Confessions of an Innocent Man , which I summarized as “a story about love and hatred, innocence and guilt, friendship and animosity, forgiveness and condemnation, hope and hopelessness, coping and failing to cope [and]… a story about the many, mixed, and devastating emotions associated with the loss of a partner, the loss of freedom, and the loss of normalcy all at once [and]… a story about relationships—those accepted and denounced, broken and repaired, real and perceived, unlikely and purposeful, traditional and extraordinary… [and, finally]… a story about the numerous inefficacies of our criminal justice system and the devastating tolls paid by those wrongfully convicted and sentenced to death.” Dow’s novel is a fascinating read, yet it leaves us with many questions about the failures of our current system and the implications of wrongful convictions. When Justice Fails: Causes and Consequences of Wrongful Convictions , written ...

Black’s Law Dictionary defines a fiduciary relationship as a “relationship in which one person is under a duty to act for the benefit of another on matters within the scope of the relationship.” If that sounds like it covers a lot of ground, that’s because it does. Fiduciary relationships arise in a number of legal contexts, including family law, corporate law, banking, trusts, employment law, international law, and more. It is only recently, however, that legal scholars have begun to address fiduciary law as a field unto itself.   The Oxford Handbook of Fiduciary Law provides a survey of this burgeoning field. The book’s purpose, as the editors write in their introduction, “is to furnish a single source to which readers can turn for guidance on fiduciary principles across a host of substantive fields, jurisdictions, and epochs.” The book is divided into four parts. The first part examines the various doctrinal areas in which fiduciary principles arise. (The University of Hou...

In the world of higher education, perhaps no issue has received more attention in recent years than that of free speech. In a new book, Speak Freely: Why Universities Must Defend Free Speech , Princeton politics professor Keith E. Whittington presents a cogent and fiercely argued defense of free speech on university campuses. While the topic of free speech in the United States is often associated with First Amendment law, Whittington makes clear from the beginning that he is not making a primarily legal argument. Instead, he argues that freedom of speech is fundamental to the mission of a modern university, which is to “produce and disseminate knowledge.” Toward the end of the second chapter (which contains an excellent capsule history of the tradition of free speech) he writes, “If universities seek to produce and disseminate knowledge, rather than dogma, then they must foster an environment in which no beliefs are sacred, no ideas are safe from scrutiny, no opinions are immune fr...