Latest & Greatest – NonProfit Law: A Practical Guide to Legal Issues for Nonprofit Organizations

Edited by Willard L. Boyd III

Published by American Bar Association. Business Law Section. Nonprofit Organizations Committee

KF 1388 .N66 2017

Based on a series of webinars sponsored by the American Bar Association’s Nonprofit Organizations Committee, NonProfit Law: A Practical Guide to Legal Issues for Nonprofit Organizations aims to provide attorneys who may be called upon to advise or to serve on the board of a nonprofit organization with some practical information about legal issues that they may encounter while acting in that capacity. The authors begin with some basic questions that the attorney should consider, such as the form of the nonprofit, the organization’s tax status, any regulatory oversight, and the existence of alternatives to the nonprofit’s organizational scheme. The remaining chapters address the formation of the nonprofit, tax issues relating to nonprofits, governance of the nonprofit, and miscellaneous matters that may arise during the representation of the nonprofit.

The chapter dealing with the formation of the nonprofit discusses the structures that nonprofits may take, the various types of nonprofit corporations, and the organizational documents needed to create the nonprofit. The authors then move onto the issue of taxation. What are the common types and classifications of tax exemptions? How does one apply for tax-exempt status? Are there any annual forms that need to be filed with the IRS? (Hint: yes!) Now, what about governance? The authors provide an overview of the individuals that are involved in governing the organization, the fiduciary duties that are imposed upon directors as well as any liabilities directors may face, and board policies. Lastly, the authors set out some other issues that may arise relating to subsidiaries, mergers and sales of assets, and dissolution.

The appendices also have a lot of useful information, such as guidance for drafting articles of incorporation and bylaws, a tax-exempt organization reference chart, and a list of nonprofit resources.

If you are an attorney faced with providing advice to a nonprofit but have no experience doing so, have a look at NonProfit Law: A Practical Guide to Legal Issues for Nonprofit Organizations.

Latest & Greatest – Texas Discovery: A Guide to Taking and Resisting Discovery under the Texas Rules of Civil Procedure

By Robert K. Wise and Kennon L. Wooten

Published by Texas Lawyer, an ALM Publication

KFT 1737 .W57 2019

Photo Credit: Helen Hartman

Recognizing that discovery is typically the most costly aspect of civil litigation, the authors set out drafting a comprehensive guide to Texas discovery for practitioners. The result was Texas Discovery: A Guide to Taking and Resisting Discovery under the Texas Rules of Civil Procedure. Each chapter of the book is tied to a particular discovery rule and includes the text of the rule and any applicable notes and comments, a general explanation of the rule, and any related procedural information. The authors focus on Rule 190 through Rule 205 as well as sanctions under Rule 215. They cover everything from the purpose of discovery and discovery control plans to requests for disclosure, production, and admission to interrogatories and depositions with a bit of expert discovery and physical and mental examinations thrown in as well. There are plenty of bibliographic references and a table of cases pointing the reader toward more authority and elucidation.

The next time you find yourself in the discovery phase of a civil case, have a look at Texas Discovery: A Guide to Taking and Resisting Discovery under the Texas Rules of Civil Procedure. It may help you navigate the twisted maze that is Texas discovery.

Recursos en Español (Spanish Language Resources)

The Law Library is pleased to announce a new collection — Recursos en Español. This collection of booklets, pamphlets, and brochures brings together information from our community partners about services that are available to Spanish speakers in Harris County. The materials, which are published in Spanish, are collected in one location near the Copy Center, and are free to all! Pamphlets covering family law matters, such as custody, parenting, adoption and mediation, as well as a selection of pamphlets from the State Bar of Texas on choosing a lawyer, writing a will, and much more are available. Additionally, information is provided by Texas Young Lawyers Association, the Office of Domestic Relations, the Federal Trade Commission, the Texas Attorney General, AVDA (Aid to Victims of Domestic Violence), and other legal aid organizations. TexasLawHelp.org provides bilingual forms for divorce and annulment. Finally, a publication from the Law Library titled Manual para Litigantes Pro Se connects Spanish-speaking patrons with even more local community services. Spanish language translation services are available from 8am-5pm, Monday through Friday. Library staff can answer reference questions in Spanish and help patrons find the information and resources they need.

La Biblioteca Jurídica se complace en anunciar una nueva colección: Recursos en español. Esta colección de folletos reúne información de nuestros socios comunitarios sobre los servicios que están disponibles para los hispanohablantes en el Condado de Harris. Los materiales que se publican en español se pueden conseguir cerca del Centro de Copias, ¡y son gratuitos para todos! Encontrará folletos que cubren asuntos de derecho de familia, como custodia, la crianza, la adopción, y mediación. Así también, hay una selección de folletos de la Barra Estatal de Texas sobre como seleccionar un abogado, como hacer un testamento, y muchos más. Asimismo, encontrará información provista por la Asociación de Abogado Jóvenes de Texas, la Oficina de Relaciones Domesticas, la Comisión Federal de Comercio, el Fiscal General de Texas, AVDA (Ayuda a víctimas de violencia domestica) y otras organizaciones de asistencia legal. TexasLawHelp.org ofrece formularios bilingües de divorcio y anulación. Por último, una publicación de la Biblioteca Jurídica titulada Manual para Litigantes Pro Se enumera las organizaciones que provee servicios comunitarios locales a los hispanohablantes. Servicios de traducción en español están disponibles de lunes a viernes de 8am a 5pm. El personal de la biblioteca puede responder a preguntas de referencia en español y ayudar a usuarios a encontrar la información y los recursos que necesitan.

Latest & Greatest – Homeland Security and Emergency Management: A Legal Guide for State and Local Governments

Edited by Ernest B. Abbott and Otto J. Hetzel

Published by American Bar Association. Section of State and Local Government Law

KF 4850 .L44 2018

Photo Credit: Helen Hartman

Hurricane season is the perfect time to discuss emergency management and preparedness, although here on the Gulf Coast, one should be prepared no matter the season. When a disaster strikes, there is no time to consider or contemplate; many decisions and responses must be immediate. Attorneys Ernest B. Abbott and Otto J. Hetzel have compiled a book, Homeland Security and Emergency Management: A Legal Guide for State and Local Governments, to assist state and local governments and the lawyers that advise them in keeping the public safe, mitigating any damages, and formulating and implementing a recovery plan. 

The first part addresses the source of legal authority in emergency and catastrophic events, the role of the military and the National Guard, the National Response Framework issued by the United States Department of Homeland Security and supported by the National Incident Management System, and public disclosure of information. A discussion of hazard mitigation makes up the bulk of the second part of the book. It also includes a primer on the National Flood Insurance Program. Cybersecurity, public health emergencies, and immigration issues are at the heart of Part III, as these topics have gained greater significance over time. The last section focuses on response and recovery, including legal issues associated with emergency management when dealing with vulnerable populations, such as the disabled and elderly. Another topic of interest in this last section is managing emergency evacuations. 

It is said that “hindsight is 20/20,” so why not focus on having the foresight to handle a disaster before it happens? Before the next disaster strikes, have a look at Homeland Security and Emergency Management: A Legal Guide for State and Local Governments.

Public Art Meets Courthouse Navigation

In the U.S., regardless of the jurisdiction, the court structure involves an appeals process in which a higher court can review a decision of a lower court. For many self-represented litigants, navigating the journey from court to court can be confusing and frustrating. For practicing attorneys, an appeal may not be a common task, so a resource to refresh the memory when appellate work crops up can be helpful. Our solution… public art, of course!

Not just any public art though. This summer we have been fortunate to host Helen Hartman from the Harris Commissioner Precinct One LEE Internship program. Helen’s graphic-design talents have helped us take a dry, nebulous concept and make it more approachable for patrons who need to navigate the Texas court structure in Harris County. Drawing inspiration from the Texas Judicial Branch’s “Court Structure of Texas” flowchart, we have added graphical representations of the buildings in which courts meet to bridge the gap between abstract concepts of jurisdiction and local venues where our patrons interact with the judiciary.

This public art piece is now a permanent exhibit at the Harris County Law Library. Visit Monday through Friday, 8 a.m. to 7 p.m., to see this impressive work in person.