Denton County Law Library Quarterly
Welcome to "The Q"
November 2013
*** Highlights *** There is now a computer and scanner in the Attorney's Lounge for quick access/e-filing---INCLUDING LoisLaw (ask for password) and WestlawNext access!
 
CLE opportunity coming to the Conference Room!! Friday, December 13 - two, 1-hour CLEs with training on WestlawNext @ 11:00am & 12:00pm. It's time to finish up your hours for the year! Call or e-mail us so we know who's planning to attend.
 
This January we will host a casual training session on WestlawNext. Wednesday, Jan. 22 from 10:00am to 12:00pm our trainer will be here accepting walk-ins to peruse the new system to make your research quick and easy. Call or e-mail us so we know who's planning to attend.
In This Issue
Commentary & Editorials
Awful Library Books
Check out this book.
What We Have to Offer
Law Journal Press Titles
Don't Forget!
Commentary & Editorials: tell us what you think

Check out these links and share your opinion about the subject or write your own editorial. We will only publish with your approval.

 

North Carolina Students will get free copies of banned book. 

 

Can you use Google Scholar to Shepardize?

 

E-cigarettes in libraries?

 

PRO/CON VIEW: Should political demonstrations be allowed at the Alamo?

 

Man set for execution in Ohio can't donate organs

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Q-tips... Making the best of our e-world
Do you like e-books? Try the CALI� eLangdell� Bookstore and download some FREE electronic legal titles. But don't forget to donate so they can remain free for others!
  
Check out the FREE electronic legal resources from James Publishing's Attorney Education Center. You do not have to maintain an account with James to take advantage of these resources.
  
Did you know that you can search the Texas Bar Journal archives online back to 1938?
  
Project Gutenberg offers over 42,000 free ebooks: choose among free epub books, free kindle books, download them or read them online.
  
Awful Library Books
  
  
  
  
  
  
To see more awful library books go here.  

Brand New title in the Law Library!  

 

How to Recover Attorneys' Fees in Texas, 2014 ed.

(click here for check-out availability)

 

Recovering attorneys' fees can no longer be an afterthought for trial lawyers and their clients. Today, the ability to recover attorneys' fees may be the deciding factor in whether or not to file a lawsuit and almost always plays a critical role in the decision to settle or try a case. In fact, it is no longer unusual for an attorneys' fees recovery to exceed actual damages.

Mindful of this change in the attorneys' fees landscape, attorneys' fees experts Trey Cox and Jason Dennis have

authored How to Recover Attorneys' Fees in Texas --
a complete, step-by-step guide for practicing attorneys to 

help them win and defeat attorneys' fees claims at trial.

 

       Content in the book includes:

  • New! Chapter on Judges thoughts - interview with Judges

    from around the state on topics related to attorneys fees

  • New! Appendix containing a sample transcript of an attorneys fees trial

  •  New! Direct examination outline

  • Legal basis and requirements to recover attorney fees

  • Important pre-filing and pleading steps

  • How to assemble your evidence

  • Proving fees at trial

  • What discovery you need

  • Lots of practical examples, forms and checklists

  • And much more! 

 
Trey Cox
Biography
 Trey Cox is a partner at Lynn Tillotson Pinker & Cox, LLP, a litigation boutique in Dallas, Texas. His jury trial experience and courtroom success have earned him the distinction of being Board Certified as a Trial Advocate by the National Board of Trial Advocacy. Trey serves on the faculty of Southern Methodist University Law School and the National Institute for Trial Advocacy. Trey received a B.A. magna cum laude from Washington & Lee University and his J.D. with honors from the University of Virginia School of Law.

 

 

Jason Dennis
Biography

Jason Dennis is a partner at Lynn Tillotson Pinker & Cox, LLP, a litigation boutique in Dallas, Texas. He has extensive trial and appellate experience in state and federal courts in Texas representing a diverse group of clients from Fortune 500 companies to bankruptcy trustees. He is on the faculty of the National Institute of Trial Advocacy and has taught trial advocacy at Southern Methodist University. He has been designated as a Master Advocate by the National Institute of Trial Advocacy. Jason obtained both a J.D. with honors and an I.M.B.A. from the University of South Carolina. Before beginning his private practice, Jason clerked in the Eastern District of Virginia and on the United States Court of Appeals for the Sixth Circuit.

Websites, blogs, and the like
Electronic Frontier Foundation - www.eff.org
  
You may find this blog useful... you can filter posts to only Texas related information.
 
Anyone else interested in sharing? Let me know...
What we have to offer

Here is a little reminder of the services available at the Law Library.

 DIY Office Services

  • 25� /pg. B/W copies
  • 25� /pg. printing from computers
  • 25� /pg. incoming faxes to 940-349-2131
  • 25� /incoming emails to Kathleen AND Stephanie (in case one of us isn't here)
  • $1.00 /pg. color copies & color printing
  • $2.00 /8 pgs. local faxes (25� per pg. after)
  • $2.50 /8 pgs. long distance faxes (25� per pg. after)
  • No-charge auto-feed scanners on 2 public computers and the Lounge computer

Research online

  • 2 computers with LexisNexis access
  • 10 computers with WestlawNext access; 5 concurrent users at once
  • 10 computers with LoisLaw access (ask for password)
  • Online library catalog---www.dentoncounty.com/lawlib -click on Search our Catalog

Electronic Resources: e-books & pdf files on ONE public computer in the library

  • All O'Connor's form books
    • Texas Causes of Actions Pleadings
    • Federal Civil Forms
    • Texas Civil Appeals Forms
    • Texas Civil Forms
    • Texas Real Estate Forms
  • All State Bar Manuals
    • Collections Manual
    • Family Law Practice Manual
    • Foreclosure Manual
    • Guardianship Manual
    • Probate System
    • Real Estate Forms
  • All State Bar Pattern Jury Charges
    • Business
    • Family & Probate
    • General Negligence
    • Malpractice
    • Property Crimes
  • Various helpful publications from James Publishing
    • Discovery Tactics
    • How to Prepare for, Take, and Use a Deposition
    • Personal Injury Trial Notebook
    • Small-Case Litigation Forms
    • Picking Juries in Drug Cases
    • Pleading and Defending RICO Actions
    • Trial Tools for MIST Cases

 

 

Currenlty Updated Print Resources

  • American law reports annotated
    • ALR 1 - 6th; ALR federal 1 - 2d
  • American Jurisprudence
    • pleading & practice forms annotated; AmJur legal forms, 2d; AmJur proof of facts, 1 - 3d
  • Restatements 1 - 3d
  • Texas Jurisprudence
    • pleading & practice forms, 2d; proof of facts, 1 - 3d
  • United States code service
  • Vernon's Texas codes annotated
  • State Bar Books
State Bar publications & free services for members

The State Bar offers many downloads for free, some require your Bar Card. Go to www.texasbarbooks.net to check it out. 

    
We have access to three Law Journal Press titles.
RICO: Civil & Criminal, White Collar Crime, and Texas Criminal Codes & Rules.
Let us know what you need from them and we can help. 
 
alm rico civ-crim
                                                                          
alm criminal
Films of Interest
 

THE ATOMIC CAFE, 1982

One of the defining documentaries of the 20th century, The Atomic Cafe offers a darkly humorous glimpse into mid-century America, an era rife with paranoia, anxiety, and misapprehension. Whimsical and yet razor-sharp, this timeless classic illuminates the often comic paradoxes of life in the Atomic Age, while also exhibiting a genuine nostalgia for an earlier and more innocent nation.

 

Narrated through an astonishing array of vintage clips and music (from military training films to campy advertisements, presidential speeches to pop songs) the film revolves around the threat (and thrill) of the newly minted atomic bomb.

Taking aim at the propaganda and false optimism of the 1950s, the film's satire shines most vividly in the clever image splicing, such as footage of a decimated Hiroshima alongside cheerful suburban duck-and-cover routines.

 

More than anything else, The Atomic Cafe shows how nuclear warfare infiltrated the living rooms of America, changing the nation from the inside out.

 

Immensely entertaining and devilishly witty, The Atomic Cafe serves up a revealing slice of American history: the legendary decade when we learned to live in a nuclear world.   Watch the full documentary here.

 

Hidden Mickeys: Why we look for Disney's dark side & Escape from Tomorrow (indie film from the inside)Hidden Mickeys: Why we look for Disney's dark side & Escape from Tomorrow (indie film from the inside)

 

HIDDEN MICKEYS: WHY WE LOOK FOR DISNEY'S DARK SIDE

Exposition October 15, 2013

Hidden Mickeys: Why we look for Disney's dark sideby Matt Singer
  

There are bodies buried all over Disneyland. That isn't as sinister as it sounds. As the story goes-originally in the 1994 book Mouse Tales by David Koenig, and repeated on various sites -a family asked Disney for some extra time at its Haunted Mansion ride in order to hold a special memorial for a loved one who passed away. "Disney gave the family permission," supposedly, but "the memorial was only half their plan," and when they saw an opening, they sprinkled a "powdery substance" off the side of the ride.

 

Although a Disney spokesman claimed in 2007 that the park had no confirmed cases where human ashes were found on the grounds, some bloggers insist that the practice has become so common in recent years that "ride attendants have been briefed on how to handle such incidents, and custodial crews are using specially equipped vacuums to collect the ashes."

 

Whether it's a true phenomenon or an urban legend, the persistence of the human-remains-in-The Haunted Mansion story highlights the public's endless fascination with Disneyland and its ultra-wholesome parent company, along with a collective suspicion that its reputation as "The Happiest Place On Earth" is a lie, a fa�ade hiding sinister buried secrets. The latest evidence of this fascination is Escape From Tomorrow, a new independent movie that was shot in secret at Walt Disney World and Disneyland by writer-director Randy Moore. In the film, the Magic Kingdom and Epcot become the setting of a father's (Roy Abramsohn) mental breakdown: Laid off from his job minutes before he takes his wife (Elena Schuber) and two young kids to Disney, he quickly begins to lose his mind. He follows (and hits on) a pair of French teenagers while warding off increasingly disturbing and surreal visions: Disney Princesses who double as prostitutes, and mad scientists experimenting on helpless victims beneath the bowels of Spaceship Earth.

 

Moore's film is certainly one of the more unusual critiques of Disney's blissfully innocent identity-mostly because Moore made it without Disney's permission, by sneaking shots of his actors while they behaved as a real dysfunctional family on vacation-but it's far from the only one. It's hardly the first underground art project conducted on the Disney property, either. In 2006, the street artist known as Banksy snuck an inflatable dummy into Disneyland, and used it in a piece about detained terror suspects at Guantanamo Bay. The stunt garnered international attention and was later featured in Banksy's documentary Exit Through The Gift Shop.

 

Banksy himself came and went in the park without incident, but his collaborator, Thierry Guetta, was nabbed by private Disney security officers and, in a scene that could have inspired Escape From Tomorrow, was brought to an interrogation room where he was grilled for four hours by Disney guards and a man who claimed he was from the FBI. (Just last week, Banksy, currently "in residence" in New York City, released a video on his website that functions as a sort of sequel to the dummy stunt. It features Muslim insurgents firing a rocket launcher into the sky and shooting down Dumbo The Flying Elephant.)

 

If you prefer to read about the "real" Disneyland, there's no shortage of tell-all books on the subject. (Like this. Or this. Or this. Or this. Or this. Or this.) Publications about the "true" nature of Disneyland are a cottage industry, and it's a cottage big enough to house Snow White, all seven dwarfs, Cinderella, her stepsisters, and the pumpkin carriage with all the horses. But why the endless fascination with revealing Disney's dark side?

Well, for one thing, it's because Disney doggedly refuses to admit it has a dark side. Everything the company releases must fit within its squeaky-clean image; when things don't fit within that image, they're buried, like 1946's Song Of The South, infamous for its distorted depiction of African-American life in post-Civil War Georgia, and never released on any home-video format in the United States. Disney will go to any length to protect its brand; even, in one famous case, suing daycare centers for unlicensed wall murals. Over the years, Disney has created numerous distribution companies, including Touchstone and Hollywood Pictures, to release movies with adult content without tainting or damaging the Disney name in any way.

 

That Disney name is valuable, too. In 2012, the company's revenue was $42.3 billion, and it set new corporate records for net income, revenue, and earnings per share. It's one of the largest media conglomerates in the world. That makes it a great movie Goliath to be pitted against an underdog David. Like Las Vegas in Ocean's 11, Disneyland is a place so ensconced in wealth and power (and secret police who might detain you for four hours if you do something they don't like) that it's easy to root against, as in Escape From Tomorrow.

 

Disney's wealth and power also make it a massive, mouse-shaped target, one ripe with all sorts of metaphorical value for an artist. Disney aligns itself so closely with old-fashioned American values-naming the entrance to each of its parks "Main Street U.S.A.," as if the company and the country are essentially one and the same-that it makes an effective stand-in for America in all its culturally imperialistic glory. Disney's refusal to own up to its own secrets is akin to America whitewashing its history while basking in nostalgia for an idealized past that never existed-except, maybe, at Disneyland.

 

In the recent Don Jon, writer-director-star Joseph Gordon-Levitt argues that pornography harms the modern male psyche by creating a fantasy image of sexuality that's impossible for real life to match. Gordon-Levitt's character gets laid constantly, but he looks at Internet porn even more frequently because the reality of his sex life still pales in comparison to the version he's been conditioned to expect from years of online cruising. An unattainable fantasy has inoculated him against the pleasures of attainable reality.

Escape From Tomorrow and other books and movies like it offer a similar corrective to Disney. Moore's vision of Disney is nightmarish, but also kind of comforting. Disneyland presents a reality that seems too good to be true; Moore assures us it is. He insists that beneath that shiny, smiley surface, The Happiest Place On Earth is just as screwed up as everywhere else. For all its bleakly apocalyptic imagery, the feeling Escape From Tomorrow ultimately imparts in the viewer is relief from the burden of having to believe in an unattainable fantasy. Chasing that dream could haunt someone forever.

 

The Dissolve

� 2013 Pitchfork Media Inc.
All rights reserved.

At the Corner of Literature and Lawsuits: The Harper Lee Litigation

Back in 2010, our fearless leader Mills Gallivan offered his thoughts about To Kill a Mockingbird in a post entitled "Bluejays and Mockingbirds." Today, we revisit To Kill a Mockingbird, or rather, provide an update on Harper Lee, the author of one of the most brilliant legal novels ever written (in our own humble opinion).

 

As reported by CNN, Lee is suing the Monroe County Heritage Museum for trademark infringement. As quoted by CNN, the lawsuit makes the following claims:

"The museum seeks to profit from the unauthorized use of the protected names and trademarks of 'Harper Lee' and 'To Kill a Mockingbird.' It is a substantial business that generated over $500,000 in revenue for 2011, the last year for which figures are available," said the lawsuit filed last week. "But its actual work does not touch upon history. Rather, its primary mission is to trade upon the fictional story, settings and characters that Harper Lee created."

For its part, the museum isn't admitting any infringement. USA Today quoted the museum's attorney as follows:

The museum's Birmingham attorney said the tourist attraction is within its rights to educate the public and preserve the area's history. "It's sad that Harper Lee's handlers have seen fit to attack the nonprofit museum in her hometown that has been honoring her and the town's rich history associated with that legacy for over 20 years," [Matt] Goforth said.

Goforth further stated that "Every single statement in the lawsuit is either false, meritless, or both." Some of the facts surrounding the case, however, appear to suggest otherwise. First, the website for the museum is tokillamockingbird.com. The gift shop is called "The Bird's Nest" and contains lots of "Mockingbird" memorabilia, according to news reports.

 

The case is pending in the the Southern District of Alabama (C.A. No. 1:13-cv-490), where it was filed on October 10, 2013. Lee seeks a permanent injunction against the museum. On November 5, 2013, the museum filed a motion to dismiss for failure to state a claim. As of the date of this post, the court had set out a briefing schedule for that motion, and states that it will take up the motion on November 26. What will Lee have to prove? In order to succeed on the merits of a trademark infringement claim, a plaintiff must show that the defendant used the mark in commerce without her consent and that the unauthorized use was likely to deceive, cause confusion, or result in mistake. Davidoff & CIE, S.A. v. PLD Int'l Corp., 263 F.3d 1297, 1300-01 (11th Cir. 2001). Seven factors are considered as to the likelihood of confusion: (1) type of mark; (2) similarity of mark; (3) similarity of the products the marks represent; (4) similarity of the parties' retail outlets and customers; (5) similarity of advertising media; (6) defendant's intent; and (7) actual confusion. Frehling Enters. v. Int'l Select Group, Inc., 192 F.3d 1330, 1335 (11th Cir.1999). Of these, the type of mark and the evidence of actual confusion are the most important. Aronowitz v. Health-Chem Corp., 513 F.3d 1229, 1239 (11th Cir. 2008). Federal courts may grant permanent injunctions where infringement is found to have occurred in order to prevent further infringing use of a mark, and such injunctions should be designed to keep the former infringers a safe distance away from the protected mark. Id. at 1242.

 

This lawsuit is getting a lot of attention from the media world, and we are also interested in the outcome. We'll follow along with everyone else, and let you know of any developments.

 

Zacher, Frances. "At the Corner of Literature and Lawsuits: The Harper Lee Litigation." Abnormal Use: An Unreasonably Dangerous Products Liability Blog. 19-November-2013.
Web. 20-November-2013.

Don't forget...

if you have any suggestions for content we would love to hear them. Do remember, we will not promote your services. We will, however, publish your professional writings or recognize any achievements or big events in your lives.

Edited by Kathleen Bransford, Law Librarian &

Stephanie Bassinger, MLS, Assistant Law Librarian

 

940-349-2130

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