Monthly Archives: June 2010

Embedded hyperlinks in jeopardy?

A case that may threaten the right of Web sites to link freely: BlockShopper, a small real estate company, is sued by Jones-Day, a legal firm, over a hyperlink to Jones-Day’s website. BlockShopper is then effectively bullied into settling over the Web links. Several online articles express thoughts on the Jones Day-BlockShopper Settlement, asking What Are the Lessons? What Can We Do Now?

And here is the Text of Jones- Day Agreement.

Eye Tracking Studies

A short  excerpt relating results from a  study about web pages visual cues and user attention:

11 Striking Findings From an Eye Tracking Study

Library Highlights: Environmental Law

The Art and Craft of International Environmental Law

Daniel Bodansky

K3585 .B63 2010

From the Publisher: International environmental law is often closer to home than we know, affecting the food we eat, the products we buy, and even the air we breathe. Drawing on more than two decades of experience as a government negotiator, consultant, and academic, Daniel Bodansky brings a real-world perspective on the processes by which international environmental law develops, and influences the behavior of state and non-state actors. In self-contained chapters that offer a clear guide to a complex field, Bodansky answers fundamental questions about how international environmental law works. What role can law play in addressing global environmental challenges such as climate change, ozone depletion, and loss of biodiversity? How do environmental problems come onto the international agenda? What are the obstacles to international cooperation, and what can international environmental law do to address them? How do international rules develop? How are they put into practice and what makes them effective?

Taking Back Eden: Eight Environmental Cases that Changed the World

Oliver A. Houck

K3585 .H68 2010

From the Publisher: Taking Back Eden is the gripping tale of an idea—that ordinary people have the right to go to court to defend their environment—told through the stories of lawsuits brought in eight countries around the world. Starting in the United States in the l960’s, this idea is now traveling the planet, with impacts not just on imperiled environments but on systems of justice and democracy. It has brought people back into the question of governing the quality of their lives. [The author] describes the sites under contention in their place and time, the people who rose up, their lawyers, strategies, obstacles, setbacks and victories. Written for general readers, students, and lawyers alike, [this book] tells the stories of a lone fisherman intent on protecting the Hudson River, a Philippine lawyer boarding illegal logging ships from the air, the Cree Indian Nation battling for its hunting grounds, and a civil rights attorney who set out to save the Taj Mahal… .

Should Trees have Standing?: Law, Morality, and the Environment

Christopher D. Stone

KF5505 .S86 2010

From the Publisher: Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. [This new edition] updates Stone’s original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events–and related topics such as climate change and protecting the oceans–providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

The Clean Water Act and the Constitution: Legal Structure and the Public’s Right to a Clean and Healthy Environment

Robin Kundis Craig

KF3790 .C73 2009

From the Publisher: Robin Kundis Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality—the Clean Water Act—operates in a context complicated by a variety of constitutional requirements and dictates. After examining the Supremacy Clause, constitutional interstate common law, federal sovereign immunity, the Commerce Clause, the Fifth Amendment’s “taking” clause, the Eleventh Amendment, and the separation of powers principles, Craig concludes that constitutional law has had a more significant effect on the Act’s intent to involve citizens in public interest enforcement than on the Act’s basic structure of “cooperative federalism.” This second edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. Craig argues that environmental constitutional jurisprudence may have progressed to the point where the structure of the Constitution impedes necessary solutions to pressing environmental issues. She concludes by proposing a structural amendment to the Constitution that would restore Congress’s vision of citizen participation in environmental law.

Regulation, Enforcement and Governance in Environmental Law

Richard Macrory

KJE6242 .M33 2010

From the Publisher: Laws concerning environmental protection have a long history in the UK, but the last thirty years have seen unprecedented development in both the substantive body of environmental legislation and in thinking about underlying principles and institutional arrangements. The materials in this book, based on some of Richard Macrory’s most significant writings, demonstrate how far environmental law has come in less than a generation, focussing in particular on the major themes of regulation, institutional arrangements, and enforcement which underlie the substantive detail of the law. Whilst acknowledging the growing importance of public international law relating to the environment, the book is largely concerned with UK and EC law, though many of the core themes have much wider relevance…

Environmental Water Markets: Restoring Streams through Trade

Brandon Scarborough

HD9718.5.W362 S334 2010

From the Publisher: Western water law is a bit peculiar. It provides limited usage rights to parties who have legal claims on water. Most of the rules date to the settlement of the western United States in the nineteenth century. The traditional rules, which were codified by state legislatures, worked well in an agricultural economy. But, as changes in values evolved, some limits inherent in the prior appropriation doctrine have become apparent. It was, and still can be, difficult to change the use of water from its historic designation to one with greater value. Such is the case for restoring instream flows through water markets. Societies with strong property rights allow parties to protect their property, develop it, trade it, or give it away. They enjoy greater prosperity and freedom than societies that impose many restrictions on property or suffer from a lack of clarity in rules. As Brandon Scarborough explains in this Policy Series, restrictions in water rights and uncertainty about how particular water trades can be affected limited the ability of parties to voluntarily use water for environmental benefits. As often happens when the rules are unclear, people make do and struggle to create new arrangements that allow resources to move to higher-valued uses. Water rights have evolved in recent years as parties express desires to sell, lease, or give water for environmental or recreational purposes. Legal entrepreneurs plowed new ground. Some states have assisted in the move to expanded water rights, others have been less supportive. This Policy Series provides guidance for improving the legal environment for parties who wish to engage in the beneficial exchange of water rights.

Global Legal Studies — Recent Acquisitions

Agriculture and EU Environmental Law
Brian Jack
KJE6605 .J33 2009
ThomCat | Amazon.com

Arbitration Rules–International Institutions: Guides to International Arbitration
edited by Loukas Mistelis, Laurence Shore, Stavros Brekoulakis
K2400 .A731 2010
ThomCat

Global Competition: Law, Markets, and Globalization

David J. Gerber
K3850 .G47 2010
ThomCat | Amazon.com

International Human Rights and Indigenous Peoples
S. James Anaya
K3247 .A5 2009
ThomCat | Amazon.com

Manual on International Courts and Tribunals
Ruth Mackenzie, Cesare P.R. Romano, Yuval Shany; with Philippe Sands
KZ6250 .M36 2010
ThomCat | Amazon.com

Nuclear Law: The Law Applying to Nuclear Installations and Radioactive Substances in its Historic Context
Stephen Tromans
KD3497 .T76 2010 (New Book Shelf)
ThomCat | Amazon.com

Rejecting the EU Constitution?: From the Constitutional Treaty to the Treaty of Lisbon
edited by Anca M. Pusca
KJE4443.32007 .R45 2009
ThomCat | Amazon.com

Law, Technology & Communication — Recent Acquisitions

Civil Rights in Wartime: The Post-9/11 Sikh Experience
Dawinder S. Sidhu, Neha Singh Gohil
KF4755 .S543 2009
ThomCat | Amazon.com

Community, Space and Online Censorship: Regulating Pornotopia
Scott Beattie
KU4220 .B43 2009
ThomCat | Amazon.com

Justice for All: Challenges of the Mentally Ill in the Legal System
Sherrie Bourg Carter
KF480 .B68 2009
ThomCat | Amazon.com

Law, Explanation and Analysis of the Patient Protection and Affordable Care Act: Including Reconciliation Act Impact
CCH
KF1183 .A369 2010
ThomCat | Amazon.com

RIA’s Complete Analysis of the Tax and Benefits Provisions of the 2010 Health Care Act as Amended by the 2010 Health Care Reconciliation Act: with Code and ERISA Sections as Amended and Committee Reports
KF6276.62010 .A2 2010
ThomCat

The TRIPS Regime of Patent Rights

Nuno Pires de Carvalho
K1505 .C37 2010
ThomCat | Amazon.com

Law & Social Justice — Recent Acquisitions

Agriculture and EU Environmental Law
Brian Jack
KJE6605 .J33 2009
ThomCat | Amazon.com

California Criminal Sentencing Laws

AUDIO KFC1172.A75 C36 2009 (Lobby Display)
ThomCat

Criminal Litigation and Legal Issues in Criminal Procedure: Readings and Hypothetical Exercises
Brent E. Newton
KF9657 .N49 2009
ThomCat | Amazon.com

High Crimes and Misdemeanors in Presidential Impeachment
H. Lowell Brown
KF5075 .B76 2010
ThomCat | Amazon.com

The Ins and Outs of Employment Law
AUDIO KFC556.A75 I57 2008 (Lobby Display)
ThomCat

International Human Rights and Indigenous Peoples
S. James Anaya
K3247 .A5 2009
ThomCat | Amazon.com

Law 101
Jay M. Feinman
KF387 .F45 2010
ThomCat | Amazon.com

Law and Religion: National, International, and Comparative Perspectives
W. Cole Durham, Jr., Brett G. Scharffs
K3258 .D874 2010 (New Book Shelf)
ThomCat | Amazon.com

Law, Explanation and Analysis of the Patient Protection and Affordable Care Act: Including Reconciliation Act Impact
CCH
KF1183 .A369 2010
ThomCat | Amazon.com

e-Discovery

Check out these articles about e-Discovery:

E-Discovery: The Year in Review by Cecil Lynn III and Alexandra Hicks

Top e-Discovery Cases in 2008 by Mary Mack

When E-Discovery is used as a Weapon by Zuzana S. Ikels