Latest & Greatest – Municipal Law Deskbook

Edited by William J. Scheiderich

Published by American Bar Association (2015)

KF 5305 .S34 2015

For the lawyer who practices before or for local governments comes Municipal Law Deskbook, a comprehensive guide for analyzing and handling the issues that most frequently arise in municipal law cases. Written by lawyers with decades-worth of experience in municipal law matters, Municipal Law Deskbook offers clear explanations of the applicability of the Fourth and Fourteenth Amendments to public sector employees, the liability of public employees for wrongful acts, and the regulation of free speech in the public workplace. In addition, the authors provide an overview of regulatory taking and inverse condemnation, open meetings/open records laws, and the power of a municipality to raise taxes, generate revenue, and borrow money. Municipal Law Deskbook is a great resource for anyone wanting to know more about constitutional and employment law-related issues in a public context.

ABA President-Elect Embraces Legal Tech and Promotes Access to Justice

At the annual meeting of the American Bar Association, held earlier this month in San Francisco, Hilarie Bass was selected to serve as president-elect. She will take the helm of the organization in 2017 and intends to focus on two major issues -- closing the justice gap and promoting use of technology in the practice of law. She will also focus on the legal education system, working to update the existing model with more innovative approaches to learning.

Addressing the ABA House of Delegates, Ms. Bass discussed these areas of concentration in detail. She also referenced the ABA Commission on the Future of Legal Services, which was just released on August 6th. Among its many recommendations, the report advises that all members of the legal profession adapt to changes in the delivery of client services. Legal practitioners must be aware of relevant technology and know how to use it effectively, allowing for more efficient workflows and increased protection of privileged data. Innovations in technology are the key to remaining relevant in an age of rapid change, when process improvement is critical and technological proficiency is a must.

In addition to tech skills, Ms. Bass discussed the need for restored faith in the justice system, particularly among low-income citizens and those who belong to minority demographic groups. Ms. Bass feels strongly that race, gender, religion, and income should not determine one's ability to access to the legal system, and she's already taken steps to help mitigate the effect that our own implicit biases based on these characteristics can have on the administration of justice. As a member of the ABA Section on Litigation, Ms. Bass helped create the Implicit Bias Initiative, a resource to assist legal professionals in identifying their personal biases.  At the center of this initiative is a video produced by The Judicial Branch of California. It challenges viewers to examine the hidden factors that influence their decisions, exploring both the neuroscience and psychology behind the choices we make. (This is just one of many excellent videos in the California Courts Video Archive, a resource worth exploring.) 

The legal profession is changing rapidly. New approaches to the practice of law and the delivery of legal services are desperately needed. Under the leadership of Hilarie Bass, the ABA will strengthen its focus on legal education, legal tech, and the justice gap.

Law in Outer Space

While the laws of physics most often govern what happens in outer space, there is also some international law that applies. The "Outer Space Treaty," which was signed and ratified by the United States and many other countries in 1967, limits its signatories' ability to place nuclear weapons and other weapons of mass destruction into orbit around Earth and other celestial bodies. It also reserves Earth's moon and other celestial bodies for peaceful purposes. Although seemingly aspirational in nature, the Treaty has been honored over the last 49 years allowing the U.S. and Russia - occasional terrestrial enemies - to collaborate in space.

For more on this document, visit the Outer Space Treaty page from the U.S. Department of State. You can also see a reproduction of the Treaty and the signatures of several member countries in the Law Library's lobby throughout Space Law Month - August 2016.

Latest & Greatest – Transgender Persons and the Law, 2nd Edition

By Ally Windsor Howell

Published by American Bar Association (2015)

KF 4754.5 .H69 2015

Another of the resources published by the American Bar Association and featured here at the Harris County Law Library this month, Transgender Persons and the Law, 2nd Edition, focuses upon whether a person is male or female for legal purposes and guides the reader through the murky waters that are all too familiar for those who do not identify with the gender they were at birth. Having transitioned herself, author Howell appropriately begins her book with an explanation of who a transgender person is. In this way, the reader can gain an understanding of the issues that transgender persons face when attempting to deal with their legal questions and problems. One of the first concerns upon transitioning is the changing of identification documents to match a new name and gender. These documents include birth certificates, social security cards, driver’s licenses, and immigration papers. Where available, the author provides information on the forms required to make the desired changes.

Howell also addresses the issue of discrimination in the use of public facilities, housing, military services and veterans benefits, health care, and employment. Of concern as well is the question of personal safety. Howell devotes a chapter to a discussion of gender-based violence and hate crime laws and domestic abuse. Transgender Persons and the Law, 2nd Edition is a comprehensive text discussing, addressing, and explaining the unique issues faced by transgender persons. The appendices also provide useful information regarding relevant state laws and municipal ordinances and a listing of companies that provide health insurance coverage for sex reassignment surgery. Whether you are an LGBT lawyer or simply want to become more aware of certain issues, Transgender Persons and the Law, 2nd Edition is an excellent resource for you.

Latest & Greatest -- Locked Down: Practical Information Security for Lawyers

August is ABA Resource Month at the Harris County Law Library. On this Tech Tuesday, we're spotlighting a new tech-related ABA publication, a recent addition to our collection on a topic of growing concern, cybersecurity and the protection of client data.

Locked Down: Practical Information Security for Lawyers is authored by three of the most prominent figures in the field of legal tech, Sharon D. Nelson and John W. Simek of Sensei Enterprises (and co-hosts of  Digital Detectives on the Legal Talk Network), and David G. Ries, a Pittsburgh attorney specializing in data protection, information security, and digital forensics. 

The authors begin by discussing the Model Rules of Professional Conduct. In particular, they point to Rule 1.6, which requires members of the Bar to protect client confidentiality. They also discuss the challenges of securing data in the age of nearly universal connectivity and widespread mobility. Recognizing the inherent difficulties of guarding against data breaches, the authors provide solutions and advice, as well as answers to common questions regarding passwords, multifactor authentication, smartphone security, encryption, and the use of public wi-fi networks.  

Be sure to check out the final Appendix of the book where key developments in the field in information security are addressed, such as the Cybersecurity Informaton Sharing Act of 2015. Also included are recommended sources for tracking vulnerabilities and threats, namely Naked Security News and SANS OUCH!