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Showing posts with label wsll recommends. Show all posts
Showing posts with label wsll recommends. Show all posts

July 12, 2014

WSLL Recommends: Wisconsin Trust Code

The new Wisconsin Trust Code took full effect on July 1st, 2014. If you're still wrapping your mind around the impact of 2013 Act 92, you'll want to use the State Bar of Wisconsin's 2014 Wisconsin Trust Code: with Legislative Reference Bureau Analysis. With the major overhaul to Wis. Stat. ch. 701, this slender code book brings together all the text of the relevant statutes, previous code, and legislative changes in one convenient reprinted reference. It also includes the Legislative Reference Bureau's analysis of 2013 SB 384 and the Legislative Council's Amendment Memo for 2013 SB 384.

For a discussion of the these new laws, we recommend the article Estate Planning Metamorphosis: Wisconsin's New Trust Code, 87 Wis. Lawyer 6 (2014).

June 16, 2014

WSLL Recommends: Arkfeld on Electronic Discovery and Evidence

Arkfeld on Electronic Discovery and Evidence is a robust 1,400 page treatise that provides comprehensive coverage of the discovery and admission of electronic evidence within the context of federal and state statutes, regulations, and case law. It provides practice tips and pointers and plain-language explanations on the following topics:
  • Electronic information in litigation
  • Creation and storage of electronic information
  • Structure and type of electronic information
  • Computer forensics, experts, and service bureaus
  • Search, technology, and cost issues in managing ESI
  • Discovery and production process
  • Court procedural rules and case law & appendix: state cases and rules summary
  • Admissibility of electronic evidence 
In addition it provides checklists, sample discovery forms, letters, court orders, and cites to relevant case law. Finding aids include a Table of Cases, Glossary and Index. Cross-referenced with the treatise are four companion Best Practice Guides: Electronic discovery and evidence; ESI pretrial discovery : strategy and tactics; Legal hold; Information technology primer for legal professionals and a fully searchable CD-ROM.

May 16, 2014

WSLL Recommends: Millers Standard Insurance Policies

With over 187,000 annotations to state and federal cases decided since 1978, Miller's Standard Insurance Policies Annotated is a treasure trove of American standard property and liability insurance policy interpretations. This reference treatise also features over 1,000 endorsements, reported court decisions interpreting nonstandard policy language, and many forms reprinted with the permission of the Insurance Service Office, Inc. (ISO). Each annotation notes the prevailing party, jurisdiction, and decision date to help the reader quickly identify on point case law.

There are a few different ways to locate information using Volume 1 Locator of Forms and Annotations. For a specific form - whether it is a policy, endorsement, or specific coverage provision - the Locator index lists forms alphabetically by form abbreviation. Check the Supplement Annotations Locator for recent updates.

Without a specific provision in mind use Miller’s Index to find forms and sections related to a particular topic, word, phrase, or coverage provision. This index is particularly helpful for finding information that uses a similar but different term, such as "family member" versus "relative."

Topics include:
  • Policy forms
  • Personal auto
  • Personal auto endorsements
  • Homeowners, watercraft, flood and personal umbrella
  • Commercial auto
  • General liability
  • 1973 / 1981 General liability policies and general liability endorsements
  • Professional responsibility and management professional liability
  • Commercial property
  • Businessowners, equipment breakdown, inland marine and commercial umbrella

April 22, 2014

WSLL Recommends: Prosecution and Defense of Civil Forfeiture Cases

Prosecution and Defense of Civil Forfeiture Cases provides detailed coverage of the history and use of forfeiture as an economic crime-fighting tool by law enforcement. Author David B. Smith begins by examining the role of forfeiture in the United States, with an emphasis on legislation and case law since the 1970's.

Smith provides a hypothetical walk-through of a typical civil forfeiture case, including commencement of proceedings, pretrial proceedings, trial, and defenses. The nature and scope of criminal forfeiture is addressed in the second volume of this 2 volume looseleaf set. Some chapters include sample forms. While there is an emphasis on federal statutes and case law, state law is also included with special attention to New York, Florida and Texas statutes. A detailed index, table of cases, and table of statutes serve as finding tools.

March 14, 2014

WSLL Recommends: Estate, Tax and Personal Financial Planning

A tax and financial planning treatise with broad scope, Estate, Tax and Personal Financial Planning (West) is a 5 volume set to help plan and understand the tax implications of estates during life and after death. This set by Attorney Edward Koren focuses on wills, trusts, and asset transfers. These areas are further enhanced with detailed information about business, property, family law, investments, and more.

Most chapters include sample forms and practice guides to help researchers apply the principles covered. Detailed contents and indices can be downloaded and searched from the ThomsonReuters product page. The books are divided into four main categories with chapters set apart in color-coded tabs:

1. Compensation and assets planning 

The basics: practice essentials, general planning for business owners, ranchers, farmers, and the highly compensated, plus an overview of insurance, retirement plans, and other investments.

2. Planning for the family unit 

Estate management and gift giving to family and charitable organizations. Discusses tax considerations when a separation or divorce may occur and estate planning for unmarried individuals. Includes model tax return filing agreements.

3. Estate planning during life 

In-depth analysis of gift giving, plus preparing wills, trusts, and insurance instruments. Covers transfer taxes and testamentary transfers to surviving spouses. A chapter on Planning when death is imminent is a summary toolkit for those with little time to make long-term asset plans that also achieve optimal tax results.

4. Planning after death 

Detailed guidance for filing taxes on an estate and dealing with distributions from estates and trusts. Tax forms with sample data, when and where to file, asset valuation, disclaimers, and liquidating an estate are all included here. A final chapter on audits and appeals rounds this out.

Estate, Tax and Personal Financial Planning includes detailed tables of Federal and state laws and cases with cross-references to sections from the books. These, paired with indices to the text and forms provide quick access into the set. The fifth volume holds 5 years of tax and estate planning articles and includes its own index.

February 17, 2014

WSLL Recommends: Thompson on Real Property

A comprehensive property law title that contains 100 chapters authored by over 30 legal scholars with subject expertise, Thompson on Real Property is a notable source to begin your property law research.

The work begins with the historical origins of property law in England and the development of American property law. It continues with the role of Restatements of Property and Trusts and Uniform and Model Laws relating to property. Numerous property law topics are addressed in the remainder of the work, for instance:
  • Types of tenancies
  • Marital property
  • Rights and duties of landlords and tenants
  • Public housing
  • Agricultural and farm land
  • Water and mineral mights
  • Petroleum and pipelines
  • Airspace
  • Easements
  • Adverse possession
  • Title
  • Conveyances
  • Foreign ownership of land
  • Property law in foreign countries
The publication is thoroughly annotated with citations to primary and secondary sources.

Individual topic sections are frequently followed by suggested Lexis "Computer Assisted Research" search strings that can help with your case law searching.

The Library has previous editions of Thompson on Real Property, the original 1924 edition and the 1939 edition are shelved in our Compact Storage collection. The current 15 volume set spans three editions: Thomas Edition, Second Thomas and Third Thomas Editions. A detailed table of contents and index is available in volume 15. Thompson on Real Property is supplemented annually with pocket parts.

We encourage you to check-out Thompson on Real Property.

January 27, 2014

WSLL Recommends: Corporate Practice Series

The library subscribes to BNA/Bloomberg's Corporate Practice Series portfolios which includes 65 individual titles. The compact design of these topical guides are perfect for the busy legal professional. Each portfolio breaks down a basic area of corporate law like securities, antitrust law, environmental law, trade regulation, intellectual property, financial reporting, and many more.

The portfolios include checklists, forms, regulatory filings, agreements, and relevant statutes to make the practitioner's job easier.

How do you find a portfolio on your topic?

You can keyword search the library's catalog.

Or if you're in the library, you can use the detailed index, the classification guide, or page through the newsletter BNA's corporate counsel weekly for current developments.

To highlight the range of topics, we've listed some the most heavily used titles below:
Check out these compact detailed guides for your practice needs.

December 18, 2013

WSLL Recommends: Legal Opinion Letters

Most often attorneys communicate professional legal advice through in person or telephone conversations with clients. Sometimes however, an attorney is requested to provide legal advice in a formal written legal opinion. A good place to start for guidance on drafting such an opinion letter is Legal Opinion Letters: A Comprehensive Guide to Opinion Letter Practice. Edited by Attorney M. John Sterba, Jr. and updated annually, this one volume loose-leaf treatise, published by Wolters Kluwer Law & Business, covers virtually all substantive areas of legal opinion practice.

The first two chapters includes an introduction to written opinions and elements to include in a typical opinion letter. Following chapters detail the drafting of legal opinion letters in areas of law such as corporate, commercial and banking transactions, real estate transactions, securities law, tax, intellectual property, bankruptcy and lien opinions, as well as attorneys' letters to auditors.

Sixteen appendices are included, many of which detail various reports issued by the New York TriBar Opinion Committee as related to drafting and issuing opinion letters. Sample opinion letters are also featured in several chapters on the topics listed above.

Search Hint: To find other library sources on opinion letter practice in other areas of the library we suggest a catalog search for the subject heading: Legal Opinion.

November 18, 2013

WSLL Recommends: Determining Economic Damages

The recommended title this month is Determining Economic Damages. Published by James Publishing, Inc., this looseleaf volume with accompanying CD is a litigator's treasure chest. The authors are Gerald D. Martin and Marc A. Weinstein, both highly respected and experienced forensic economists.

This start-to-finish guide is the perfect source for:
  • Determining past and future income loss
  • Adjusting for personal consumption 
  • Computing the value of fringe benefits
  • Converting future losses to their present values
  • Locating an expert
  • Preparing your case and expert for trial 
  • Deposing and cross examining the opposing expert
Also especially helpful for the legal practitioner are the easy-to-use worksheets for estimating case values, checklists for obtaining data and testifying in court, and sample work agreements and letters.

A unique feature is the chapter on authoritative legal opinions from the U.S. Supreme Court, U.S. District Court and State Appeals Courts – all annotated by economists.

The accompanying CD, which requires no special software or installation, contains the full text of the printed volume and is keyword searchable by case name, topic or form name. The forms are conveniently formatted in Microsoft Word for easy editing.

We invite you to check this book out!

October 12, 2013

WSLL Recommends Jones on Evidence: Civil and Criminal

In its second century of publication, Jones on Evidence: Civil and Criminal continues to be an influential treatise on all areas of civil and criminal evidence. Originally published in 1896 by Burr W. Jones, Professor of Law at the University of Wisconsin, the seventh edition by Clifford S. Fishman, began publication in 1992 and consists of five main volumes and a tables/index volume which are updated annually.

Jones on Evidence is primarily a practitioner’s tool rather than a theoretical treatise. The set integrates coverage of the Federal Rules of Evidence and the latest revised Federal Rules of Procedure, concisely explains the law, and provides guidance on how to work within the law and apply the rules. Fishman highlights significant recent decisions and includes numerous footnote references which cite to to resources such as American Law Reports, American Jurisprudence 2d, Proof of Facts, Am. Jur. Trials, etc.

Topics include:
  • Burdens of proof 
  • Relevance 
  • Substantive inclusionary and exclusionary rules 
  • How the evidence was obtained 
  • The source of the information 
  • The form of the evidence 
  • Procedure 
  • Prejudice; judicial economy 
  • Objections and countermeasures 

Jones on Evidence is also available via Westlaw. Users can access Westlaw for free in one of our libraries.

For additional resources on evidence researchers may want to check out Mueller and Kirkpatrick’s Federal Evidence, The New Wigmore: A Treatise on Evidence (multiple titles) or Weinstein’s Federal Evidence: Commentary on Rules of Evidence for the United States.

September 15, 2013

WSLL Recommends: Bohr's Social Security Issues Annotated

Bohr's Social Security Issues Annotated is a 2 volume loose-leaf set that is updated annually. This set is geared towards the drafting attorney practicing in Social Security law. The author, Susan Bohr, is an appellate attorney who has specialized in Social Security law for 30 years. The checklists, issue specific sample briefs, and summary of cases have all been developed from her real world expertise.

This set comes with a companion CD that allows you to search and access the full-text of the book, as well 120 model briefs (not included in paper). This tool makes incorporating the text of persuasive pattern arguments in your own writing both quick and easy. While the James Publishing Search program feels a little clunky, it does facilitate a comprehensive review of your topic throughout the set. The text of the briefs can be found in a separate folder on the CD. Unfortunately, they do not appear to be searchable through the main search program.

You will find an examination of common errors in ALJ decisions and a checklist of issues that can be raised in the Appeals Council, as well as federal courts. There are also detailed case surveys for sequential evaluation, assessment of disability, specific impairments, non-disability issues, administrative review, federal courts, attorneys' fees, and source of law issues. In addition, the author focuses on 44 specific disability issues, including several specific impairments. For these issues you will find summaries of the applicable statutes, regulations, rulings, POMS (Program Operations Manual System), cases, and practice pointers.

Look to this set if you are writing a brief for your next SSA case or drafting a SSA appeal. If you are looking for more of a primer on Social Security law, you might be better served by a title such as Handling a Social Security Disability Case (NBI).

July 22, 2013

WSLL Recommends: Sack on Defamation

The first edition of Sack on Defamation was published in 1980, with subsequent editions in 1994, 1999 and the current fourth edition in 2010. During the author’s 33-year private practice he specialized in national and international press law. Since 1998 he has served on the bench of the U.S. Court of Appeals for the Second Circuit.

This leading treatise provides a comprehensive and up to date analysis of the law of defmation, invasion of privacy and related torts - including insights into how the internet and other electronic media continue to have significant effects. The first several chapters cover:

  • Constitutional principles
  • The cause of action and its elements
  • Truth (fact) and opinion
  • Standard of conduct for both private and public plaintiffs
  • Absolute and qualified privilege
  • Damages and other remedies
  • Retraction
  • Related causes of action, such as invasion of privacy, injurious falsehood, interference with contract, negligent infliction of emotional distress, conspiracy, deprivation of civil rights

It goes on to provide practical guidance regarding:

  • Discovery – sources, confidentiality, and anonymity
  • Jurisdiction and Choice of law
  • Motion practice and Appeal

A final chapter on Insurance policies discusses risks and protections for publishers and broadcasters:

Other titles on defamation available at WSLL

Defamation: a lawyer’s guide by David A. Elder
Law of Defamation by Rodney A. Smolla
Libel and Privacy by Bruce W. Sanford
Wisconsin Elements of an Action by Jay E. Grenig (volume 14 of the Wisconsin Practice series) contains chapters on both defamation and emotional distress.

June 14, 2013

WSLL Recommends: Antitrust Law

Reportedly the most cited work in its field, Areeda’s Antitrust Law: An Analysis of Antitrust Principles and Their Application is clearly an authority on antitrust law.

This title comprised of 14 volumes, plus a standalone supplement volume and a table of contents, table of cases and index volume, is divided into four parts:
  • Preliminary and Pervasive Issues: Antitrust Goals, Coverage Procedure, and Economics, which covers the interplay of state and federal law, federal exemptions, reach of antitrust law in interstate and foreign commerce, litigation, and antitrust standing.
  • Market Structures, which covers market power; geographic and product markets; monopolies; exploitative, predatory and strategic pricing; vertical integration; and mergers. 
  • Restraints of Trade: Horizontal and Vertical, which covers commonly owned corporations, the “Rule of Reason” and the “Per Se” rule, tying arrangements, exclusive dealing, and horizontal agreements.
  • Collateral Antitrust Provisions, which covers the Robinson-Patman Act and state antitrust law. 

When researching antitrust law, you may also wish to consider two other titles within the State Law Library’s collection: Kintner’s Federal Antitrust Law and Antitrust Laws and Trade Regulation by Von Kalinowski.

Kintner’s provides analysis of federal antitrust statutes and citations to federal court opinions of all major areas of federal antitrust law. In June the library received an entirely revised volume (II) for this title on practices prohibited by the Sherman Antitrust Act. The 10 volume Von Kalinowski set provides analysis of business practices that may conflict with antitrust laws. This comprehensive work includes citations to federal, state and international primary law.

May 27, 2013

WSLL Recommends: Accomodating Disabilities

Accommodating Disabilities: Business Management Guide is a three-volume, loose-leaf set from CCH / Wolters Kluwer designed to help business owners understand and comply with ADA requirements.

Helping employees who are disabled is often the first requisite that comes to mind in this area of the law. However, other areas of concern to business owners – access to public facilities, transportation accessibility, and telecommunication services are also covered in this set.

Users will find a wide variety of practical and useful information, such as compliance planning checklists and guidance. Just a few examples include accommodating employees with brain injuries, allergies, lung disorders, learning disorders, and diabetes; construction checklists for fixed / built-in seating, drinking fountains, public telephones, and ATMs; and transportation standards for light rail, buses, vans, bus stops, and airports.

In addition, this set includes reprints of federal law and regulations, summaries of state laws, and guidelines of the Architectural and Transportation Barriers and Compliance Board ("Access Board").

A "New Developments" section and monthly newsletter provide information on case law, rule revisions, disability rights, and litigation.

April 14, 2013

WSLL Recommends: Law of Electronic Commerce

As the volume of trade accomplished through electronic means continues to skyrocket, this area of the law is also developing and evolving at a staggering rate. To help practitioners keep pace with new cases, statutes, regulations, proposals, commentaries, and model laws, authors Jane Kaufman Winn and Benjamin Wright provide guidance on the implications of communications technology for both consumer and commercial transactions, as well as in the workplace.

The fourth edition of The Law of Electronic Commerce has been completely revised to reflect the explosive growth of the internet and the one-to-many network model that has replaced older forms of electronic commerce. Readers will find practice pointers and in-depth analysis of:
  • Electronic contracting
  • Electronic payments and lending
  • Intellectual property rights and rights in data
  • Privacy and collections of data
  • E-business regulation, including antitrust, trade practices, securities, and banking
  • Taxation of electronic commerce
  • Computer crime and computer security
  • Electronic records in litigation, including authentication and the best evidence rule
  • Employer liability with regard to electronic communications and devices in the workplace
  • Developing a records management program
  • Liability of service providers
Author Wright also maintains both a blog and a Google+ page. His recent posts include:
  • How to Confiscate a Mobile Device
  • Attorney-Client Confidentiality: Data Security Breach
  • Taxes, Regulation and E-Commerce Innovation
  • Corporate E-mail Archives: Unwanted Liability or Searchable Asset?
  • Negotiating By Way of the Cloud Gathering Mobile Legal Evidence

March 17, 2013

WSLL Recommends: Will Contests

Will Contests, by Eunice L. Ross and Thomas J. Reid, is a single volume treatise that delves into the "strange hybrid form of litigation" (Ross, 1-3) that is a will contest. 

The first ten chapters cover substantive issues such as 
  • historical background, 
  • testamentary capacity, 
  • undue influence, 
  • other grounds for a will contest, 
  • multi-party bank accounts as a lifetime transfer instrument. 
The next phase of the book gets into practical considerations for bringing, or defending, a will contest. Pretrial planning techniques and pleadings, discovery and evidence, trial and post-trial practice are all supported by the additional content in the appendices. While the appendices provide helpful practice guides like complaints from 20 jurisdictions, interview checklists, and pattern jury instructions, the supplementary materials are based on a sensational fictional premise. This treatise comprehensively covers all facets of contested wills but does so in a playful sort of way, a throwback to your days in law school when professors invented creative scenarios to test your intellect.

Will Contests, last supplemented in October 2012 and updated annually, is available for check out from the Wisconsin State Law Library location.

February 25, 2013

WSLL Recommends: Sautter's Employment in Wisconsin

Employment in Wisconsin: A Guide to Employment Laws, Regulations, and Practices is a single volume work on state and federal laws that affect the employer/employee relationship and working conditions in the private sector. The author's purpose is to "provide a brief, plainly written summary," with each chapter focusing on an employment related topic:
  • Employment relationship
  • Employment-at-will and employment contracts, agreements and handbooks
  • Hiring and firing
  • Discrimination in employment
  • Wage and hours
  • Benefits
  • Safety in the workplace
  • Workers' compensation
  • Union organizing
  • Record keeping
  • Unemployment compensation
Attorneys and employers will appreciate this book's concise guidance on drafting documents, disclaimers, sample rules, policies, and procedures. Employment in Wisconsin, updated annually, was last supplemented in January 2013.

January 21, 2013

WSLL Recommends: Immigration Fundamentals

This month's recommended title is Immigration Fundamentals: A Guide to Law and Practice, by Austin T. Fragomen, Jr and Steven C. Bell

This concise, one volume treatise serves as a useful guide for any practitioner on immigration legal standards and procedures. With the most recent November 2012 update, the authors have fully incorporated all final rules and procedures resulting from the Immigration Act of 1990, the most comprehensive revision of the nation's immigration laws since the enactment of the Immigration and Nationality Act of 1952.

The authors provide in depth coverage of each of the major means to gain permanent residence in the United States:
  • Employment based immigration
  • Family sponsored immigration
  • Diversity based immigration
Also covered are nonimmigrant status, employment of aliens, refugees and asylum, administrative and judicial review, and naturalization and citizenship.
Commentaries throughout the treatise are especially useful in providing practice tips and amplifying information. Also included is an extensive list of annotated immigration forms as well as a table of cases and index.

December 25, 2012

WSLL Recommends: The Law of Computer Technology

With a title like The Law of Computer Technology: Rights, Licenses, Liabilities, extensive coverage of software development, contracts, liabilities, and licensing is unsurprising. What may surprise some users of this set is the information throughout that can be applied to ordinary business or end-user technology concerns.

This four volume set is organized into three broad sections:
  • Intellectual property issues 
  • Transactional issues 
  • Contemporary information issues 

The intellectual property issues section spans the first two volumes and covers typical issues of concern to a software business. Software copyright, patents, trade secrets, and ownership are discussed in depth. Domain name ownership and the related issues of cybersquatting, infringing content, and domain protection are of interest to the average business owner looking to set up or protect their online identity.

The transactional issues section is useful for businesses with both a deep history of software sales and those looking to start up a new enterprise. Learn about standards for contracts and end user license enforcement. Find guidance for service, programmer, or consultant contracts. This section covers popular issues in the news, like the rule of first sale, and ownership of free or open source software.

Further contemporary issues are covered in the third section, including online defamation, spam, spyware, and threats. Uploading, downloading, and content sharing are examined in the context of copyright law. An overview is provided of different types of computer crimes, as well as jurisdiction over websites and individuals.

Each chapter includes detailed case, article, and treatise references for further research.

November 22, 2012

WSLL Recommends: American Law of Products Liability 3d

This month our highlight is the print set, American Law of Products Liability 3d. If you are working on a products liability case this 32 volume set has everything you need.

American Law of Products Liability is broken down into the following looseleaf binders:

Primary Source Documents with Federal and State Laws, Uniform laws and the UCC.

Practice Aids Binders with forms, checklists, pattern discovery and jury instructions.

Main treatise binders containing elements of products liability cases, negligence and warranty liability, design and manufacturing defects, defense and procedural directions, and damages and fees. There is also an in-depth analysis of types of cases including food, packaging, cleaning supplies, clothing, toys, machinery, and agriculture. Litigators will also appreciate the ability to find names of expert witnesses and attorneys involved in specific products liability cases.

Rounding out the set are the detailed Index, Table and Citator binders. The Citator is a treasure trove containing research references to Westlaw databases, digests, ALR articles, forms, law reviews, legal encyclopedias, other treatise and practice aids, and case law by jurisdiction. Please note these "finding tool" volumes do not circulate.

This set is updated four times a year with the next supplement scheduled to arrive in December. There is also a monthly newsletter with relevant products liability news and information. Check this set out the next time you are in the library!