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

Library Highlights: Legal History

The Supreme Court and Elections: Into the Political Thicket

Charles L. Zelden

KF4886 .Z45 2010

From the Publisher: Voting is simple in the United States, right? The process of voting (organizing, running and tabulating the results of a popular election) is, in fact, a highly contested act whose forms, meanings, and practical boundaries are open to widely differing interpretations. From questions of who can vote to the tricky problem of accurately counting the votes, popular democracy is still a work in progress in the United States. Add in the complexities of politics and the picture becomes even more complicated.

Taking a chronological approach to the topic, [This book] explores the ways that the Court has struggled with these questions. From the earliest days of the Union when the Supreme Court refused to address the topic, to the early struggles with the Fourteenth Amendment’s impact on the question of who can vote, to the rise and fall of race-based disenfranchisement, to our recent issues of proper districting, campaign finance reform and the struggle to find a workable voting technology, the essay and documents in this reference illuminate the multifaceted nature of voting and election laws. At the same time, this title provides in-depth analysis of the impact of the Court in shaping this ongoing history. Focusing on the practical problems of U.S. voting and its complex development within the framework of the political branches of the government, students and researchers will benefit from the clear picture painted by the author of the current elective structure. Essay and document based, The Supreme Court and Elections is the definitive reference on the application of U.S. law on Americans right to vote and the resulting participatory democracy.

Rising Road: A True Tale of Love, Race, and Religion in America

Sharon Davies

HQ1031 .D37 2010

From the Publisher: It was among the most notorious criminal cases of its day. On August 11, 1921, in Birmingham, Alabama, a Methodist minister named Edwin Stephenson shot and killed a Catholic priest, James Coyle, in broad daylight and in front of numerous witnesses. The killer’s motive? The priest had married Stephenson’s eighteen-year-old daughter Ruth–who had secretly converted to Catholicism three months earlier–to Pedro Gussman, a Puerto Rican migrant and practicing Catholic. Having all but disappeared from historical memory, the murder of Father Coyle and the trial of Reverend Stephenson that followed are vividly resurrected in Sharon Davies’s Rising Road . As Davies reveals in remarkable detail, the case laid bare all the bigotries of its time and place: a simmering hatred not only of African Americans, but of Catholics and foreigners as well. In one of the case’s most interesting twists, Reverend Stephenson hired future U.S. Supreme Court justice Hugo Black to lead his defense team. Though Black would later be regarded as a champion of civil rights, at the time the talented defense lawyer was only months away from joining the Ku Klux Klan, which held fundraising drives to finance Stephenson’s defense. Entering a plea of temporary insanity, Black and his client used both religion and race–accusing the Puerto Rican husband of being “a Negro”–in the hopes of persuading the jury to forgive the priest’s murder. Placing this story in its full social and historical context, [the author] brings to life a heinous crime and its aftermath, in a brilliant, in-depth examination of the consequences of prejudice in the Jim Crow era.

The History of White People

Nell Irvin Painter

E184.A1 P29 2010

From the Publisher: A mind-expanding and myth-destroying exploration of “whiteness”—an illuminating work on the history of race and power. Eminent historian Nell Irvin Painter tells perhaps the most important forgotten story in American history. Beginning at the roots of Western civilization, she traces the invention of the idea of a white race—often for economic, scientific, and political ends. She shows how the origins of American identity in the eighteenth century were intrinsically tied to the elevation of white skin into the embodiment of beauty, power, and intelligence; how the great American intellectuals— including Ralph Waldo Emerson—insisted that only Anglo Saxons were truly American; and how the definitions of who is “white” and who is “American” have evolved over time. A story filled with towering historical figures, The History of White People closes an enormous gap in a literature that has long focused on the nonwhite, and it forcefully reminds us that the concept of “race” is an all-too-human invention whose meaning, importance, and reality have changed according to a long and rich history.

The Supreme Court and Capital Punishment: Judging Death

Michael E. Parrish

KF9227.C2 P37 2010

From the Publisher: From the late nineteenth century to the present, decisions by the Supreme Court have played a significant role in how American governments, especially at the state level, have carried out the death penalty. With more than 3,400 prisoners, including 118 foreign nationals, now on death rows, the Court’s role is not likely to diminish in this area over the next several decades, barring a major shift in state laws and public opinion.

Supreme Court and Capital Punishment, [...] explores how Supreme Court rulings over its history have shaped and reshaped the rules under which Americans have been tried, convicted, sentenced and put to death for capital offenses. Through judicial decisions and other primary documents, this reference explores the impact of these rulings upon the behavior of legislators, judges, prosecutors, defense attorneys and defendants. Considerable emphasis is placed upon the twentieth century, especially the period since the 1972 Furman v. Georgia case. Since Furman, few areas of constitutional doctrine have undergone more abrupt changes than Court-mandated standards for administering capital punishment. A second principal theme of this volume is an examination of the impact of race upon the long evolution of the Court’s death penalty jurisprudence. As defendants and victims, African-Americans on trial for their lives in Southern courts became the central figures in the design and redesign of capital punishment in the twentieth century.

From Demon to Darling: A Legal History of Wine in America

Richard Mendelson

KF3924.W5 M46 2009

From the Publisher: Mendelson brings together his expertise as both a Napa Valley lawyer and a winemaker into this accessible overview of American wine law from colonial times to the present. It is a story of fits and starts that provides a fascinating chronicle of the history of wine in the United States told through the lens of the law. From the country’s early support for wine as a beverage to the moral and religious fervor that resulted in Prohibition and to the governmental controls that followed Repeal, Mendelson takes us to the present day—and to the emergence of an authentic and significant wine culture. He explains how current laws shape the wine industry in such areas as pricing and taxation, licensing, appellations, health claims and warnings, labeling, and domestic and international commerce. As he explores these and other legal and policy issues, [the author] lucidly highlights the concerns that have made wine alternatively the demon or the darling of American society—and at the same time illuminates the ways in which lives and livelihoods are affected by the rise and fall of social movements.

MCLE: People’s Money (Ethics credit)

As previously announced, the TJSL Library now has a collection of MCLE materials available for checkout by all TJSL Alumni.  Stop by the Library and take advantage of this opportunity for free MCLE credits! Here’s just one of our new MCLE holdings:

People’s Money

Learn the perils of the use and abuse of client funds. What funds should be deposited into a client trust account and what funds should not be? When should money stay in a client trust account, and when should it be withdrawn? This program includes practical suggestions on proper trust accounting, including compliance with record-keeping standards.

Shawn M. Harpen, Esq., Irvine
Edward J. McIntyre, Esq., San Diego
Dianne Jackson McLean, Esq., Oakland

1.5 Hours MCLE Credit Legal Ethics

MCLE: Ins and Outs of Employment Law

As previously announced, the TJSL Library now has a collection of MCLE materials available for checkout by all TJSL Alumni.  Stop by the Library and take advantage of this opportunity for free MCLE credits! Here’s just one of our new MCLE holdings:

Ins and Outs of Employment Law

Recorded September 2008, this presentation reviews often-encountered issues in employment law from the plaintiff, management,and neutral perspectives.

Suzanne M. Ambrose, Executive Officer, State Personnel Board, Sacramento
Lori J. Bien, Esq., San Francisco

2 Total Participatory MCLE Credits (No Ethics)