Category Archives: Business & Entrepreneurship

Library Highlights: Law & Technology

I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy
Lori Andrews
HM851 .A66 2011
From the Publisher: Social networks are the defining cultural movement of our time, empowering us in constantly evolving ways. We can all now be reporters, alerting the world to breaking news, participating in crowd-sourced scientific research, and helping the police solve crimes. Social networks have even helped to bring down governments, but they have also greatly accelerated the erosion of our personal privacy rights. As leading expert on social networks and privacy Lori Andrews shows through ground- breaking in-depth research and a host of stunning stories of abuses, as we work and chat and shop and date (and even sometimes have sex) over the Web, we are opening ourselves up to increasingly intrusive, relentless, and anonymous surveillance—by employers, schools, lawyers, the police, and aggressive data aggregator services that compile an astonishing amount of information about us and sell it to any and all takers. But the legal system cannot be counted on to protect us—in the thousands of cases brought to trial by those whose rights have been violated, judges have most often ruled against them. That is why in addition to providing the best expert advice about protecting ourselves, Andrews pro- poses that we must all become supporters of a Constitution for the Web, which she has drafted and introduces in this book. Now is the time to join her and take action—the very future of privacy is at stake.

Legal Aspects of Managing Technology
Lee B. Burgunder
KF1890.H53 B87 2011
From the Publisher: This book is designed for businesspersons working with technological innovations in any field, including business, management, computer science, engineering, architecture, biology, or law. It focuses on integral technology law topics with substantial attention paid to the wide range of controversial issues regarding intellectual property rights, and coverage of all other key topics such as e-commerce, privacy, antitrust, and biotechnology. Its goal is not to make readers legal experts; rather it is too allow managers to understand the fundamental legal issues pertinent to technology management so that they can competently create strategic plans in consultation with their attorneys.

That Used to Be Us: How America Fell Behind in the World It Invented and How We Can Come Back
Thomas L. Friedman and Michael Mandelbaum
BF408 .F747 2011
From the Publisher: In That Used to Be Us, Thomas L. Friedman, one of our most influential columnists, and Michael Mandelbaum, one of our leading foreign policy thinkers, offer both a wake-up call and a call to collective action. They analyze the four challenges we face—globalization, the revolution in in- formation technology, the nation’s chronic deficits, and our pattern of excessive energy consumption— and spell out what we need to do now to sustain the American dream and preserve American power in the world. They explain how the end of the Cold War blinded the nation to the need to address these issues seriously, and how China’s educational successes, industrial might, and technological prowess remind us of the ways in which “that used to be us.” They explain how the paralysis of our political sys- tem and the erosion of key American values have made it impossible for us to carry out the policies the country urgently needs.

The Real ID Act: Privacy and Government Surveillance
William Eyre
KF4791 .E97 2011
From the Publisher: Civil society in the United States in the 21st century has seen the abandonment of American concepts of individual freedom, privacy, expression and autonomy. Eyre ex- amines the Real ID Act in this context, as an example of laws passed since September 2001 restricting civil liberties. The Real ID Act facilitates the current and future surveillance regime. Real IDs and the database(s) to which they are linked represent a de facto national ID system facilitating monitoring citizens’ movements, speech and political activities when fully operational. The Real ID Act is examined as an unfunded mandate and vehicle for unconstitutional abridgement of First Amendment guarantees including political expression.

Computer Games and Virtual Worlds: a New Frontier in Intellectual Property Law
Ross A. Dannenberg … [et al.], editors.
KF3024.C6 C625 2010
From the Publisher: As the uses and ubiquity of video games and virtual worlds expand, the legal issues they raise grow more complex and commonplace. These issues include the traditional areas of intellectual property law, namely, copyright, trademark, patent and trade secrets, as affected by contractual issues arising from the end user licensing agreements (EULA) and terms of service (ToS) promulgated by each video game and virtual world proprietor. This book explores and discusses how to obtain these traditional rights in the non-traditional settings of video game and virtual world environments, and serves as a primer for legal practitioners researching these emerging legal issues. Each chapter addresses, in order, end user license agreements, copyrights, patents, trademarks, and trade secrets, as addressed by U.S. law. The book also includes a commentary on international legal issues stemming from the multi-national user-base and foreign operation of many virtual worlds.

Principles of Cybercrime
Jonathan Clough, Monash University, Victoria
K5215 .C58 2010
From the Publisher: We live in a digital age. The proliferation of digital technology, and the convergence of computing and communication devices, has transformed the way in which we socialize and do business. While overwhelmingly positive, there has also been a dark side to these developments. Proving the maxim that crime follows opportunity, virtually every advance has been accompanied by a corresponding niche to be exploited for criminal purposes; so-called ‘cybercrimes’. Whether it be fraud, child pornography, stalking, criminal copyright infringement or attacks on computers themselves, criminals will find ways to exploit new technology. The challenge for all countries is to ensure their criminal laws keep pace. The challenge is a global one, and much can be learned from the experience of other jurisdictions. Focusing on Australia, Canada, the UK and the US, this book provides a comprehensive analysis of the legal principles that apply to the prosecution of cybercrimes.

How to Succeed on Law School Exams

The law library’s guide, Exam Study Materials at TJSL  lists books on exam taking, and lists study aids available in the library for various courses such as Civil Procedure, Professional Responsibility and Torts.

Law school exam advice from the blogosphere:

Exam Prep Made Simple: Organize Your Thoughts – The Girl’s Guide to Law School
It’s Thanksgiving, Should You Be Flipping Out About Exams? – The Girl’s Guide to Law School
Common Errors in Exam Study – Amy Jarmon, Law School Academic Support Blog
Some Quotes to Keep in Mind - Law School Academic Support Blog

Law School Exam Tips – Law School Academic Support Blog

Library Highlights: International Law

Semiotics of International Law: Trade and Translation
Evandro Menezes de Carvalho
F86 K213 .C36713 2011
From the Publisher: Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challeng-es. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or inter-pret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – , want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law can-not be separated from the linguistic issue.

International Tax Law: A Legal Research Guide
Christopher C. Dykes
K103.T3 D95 2011
From the Publisher: This book presents an overview of the different aspects of international tax law as well as how to locate the various primary and secondary sources, including model tax conventions, bilateral tax treaties, and customary law. It also covers international taxation from the U.S. perspec-tive, and explores researching international tax law through online databases, using free sources as well as subscription services. Will be useful for law firms, tax professionals, law librarians, and all oth-ers interested in researching international tax law.

The New Global Law
Rafael Domingo
KZ3410 .D66 2010
From the Publisher: The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious ‘democratic deficit’ of internation-al institutions highlight the need for an innovative and truly global legal system, one that permits hu-manity to reorder itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world’s peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the develop-ment of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Guide to ICSID Arbitration
Lucy Reed, Jan Paulsson, Nigel Blackaby
K3834 .R44 2011
From the Publisher: The International Centre for Settlement of Investment Disputes (ICSID) has be-come the leading arbitration institution for the resolution of investor-state disputes. Today, any com-pany considering an investment in a foreign country and any financing entity playing a role in the in-vestment must be aware of ICSID and the growing matrix of bilateral investment treaties (BITs) and multilateral treaties (MITs), most notably, the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT), providing access to ICSID. Familiarity with the regime and jurispru-dence of ICSID arbitration is essential for any international investment lawyer, whether focused on transactions or disputes. This second edition of the Guide takes account of the scores of ICSID awards and decisions rendered since 2004, as well as significant amendments to ICSID rules and practices. It provides a sufficiently detailed but still ‘user-friendly’ understanding of what ICSID arbitration is, when and how it can and should be used, and how an ICSID case works from start to finish.

International White Collar Crime: Cases and Materials
Bruce Zagaris
KZ3410 .F38 2010
From the Publisher: Contemporary transnational criminals take advantage of globalization, trade lib-eralization, and emerging new technologies to commit a diverse range of crimes, and to move money, goods, services, and people instantaneously for purposes of pure economic gain and/or political vio-lence. This book captures the importance of transnational business crime and international relations by examining the rise of international economic crime and recent strategies in the United States and abroad to combat it. The book is organized into three main sections. The first part discusses substan-tive crimes, particularly tax, money laundering, and counter-terrorism financial enforcement; transna-tional corruption; transnational organized crime; and export control and economic sanctions. The se-cond part discusses procedural aspects of international white collar crime, namely extraterritorial ju-risdiction, evidence gathering, extradition, and international prisoner transfer. The third part discusses the role of international organizations, including the United Nations, the World Bank Group, Interpol, and economic integration groups.

Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines
Hiroko Yamane
K1401.A41994 Y36 2011
From the Publisher: Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the bene-fits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. To-day, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation.
This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, includ-ing its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies.

New Titles for the Center for Law and Intellectual Property

Art Entrepreneurship
edited by Mikael Scherdin, Ivo Zander
NX760 .A78 2011
ThomCat
Amazon.com

The Cybersleuth’s Guide to the Internet: Conducting Effective Free Investigative & Legal Research on the Web
Carole A. Levitt & Mark E. Rosch
KF242.A1 L482 2011
ThomCat

Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines
Hiroko Yamane
K1401.A41994 Y36 2011
ThomCat
Amazon.com

A Legal Strategist’s Guide to Trademark, Trial, and Appeal Board Practice
edited by Jonathan Hudis
KF3193 .L44 2010
ThomCat

Library Highlights: Taxation

From Sword to Shield: The Transformation of the Corporate Income Tax, 1861 to Present

Steven A. Bank

KF6464 .B36 2010

From the Publisher: The U.S. corporate income tax – and in particular the double taxation of corporate income – has long been one of the most criticized and stubbornly persistent aspects of the federal revenue system. Unlike in most other industrialized countries, corporate income is taxed twice, first at the entity level and again at the shareholder level when distributed as a dividend. The conventional wisdom has been that this double taxation was part of the system’s original design over a century ago and has survived despite withering opposition from business interests. In both cases, history tells another tale. Double taxation as we know it today did not appear until several decades after the corporate income tax was first adopted. Moreover, it was embraced by corporate representatives at the outset and in subsequent years businesses have been far more ambivalent about its existence than is popularly assumed.  From Sword to Shield: The Transformation of the Corporate Income Tax, 1861 to Present is the first historical account of the evolution of the corporate income tax in America. Professor Steven A. Bank explains the origins of corporate income tax and the political, economic, and social forces that transformed it from a sword against evasion of the individual income tax to a shield against government and shareholder interference with the management of corporate funds.

Decoding the U.S. Corporate Tax Related and Supplementary Consumer Law

Daniel N. Shaviro

KF6455 .S53 2009

From the Publisher: “The corporate tax could soon be headed in new directions,” Dan Shaviro writes in Decoding the U.S. Corporate Tax, wherein he assesses the threats to America’s corporate tax code and challenges conventional wisdom on the best avenues for reform. Shaviro dissects the vagaries of the law, lays out the fundamental policy issues, and considers the road ahead. As rising globalization, capital mobility, financial innovation, and political polarization combine to destabilize tax policy and government revenue, Shaviro maps the path to fair, revenue-generating reform.

Corporate Income Taxation

Douglas A. Kahn

KF6464 .K28 2009

From the Publisher: This book provides a comprehensive overview of federal corporate income taxation valuable both for the generalist who has minimal contact with the subject and the specialist who is immersed in the topic. It is also a useful resource for law students taking a course in this area. It can serve as a course book that provides an introduction to the subject, as well as a resource for problems that the teacher can readily customize from examples in the book.

Corporate Taxation: Examples & Explanations

Cheryl D. Block

KF6465 .B557 2010

From the Publisher: Examples & Explanations: Corporate Taxation offers a remarkably clear treatment of a complex area of tax law. Demystifying Subchapter C, Cheryl D. Block methodically explains all of the tax issues that arise from the formation of the corporation to liquidation. Students learn by applying the concepts in multiple problem sets and comparing their answers to Block’s thorough analysis. Making complicated tax laws understandable, this straightforward introduction to the principles of corporate taxation offers: logical cradle-to-grave organization—modified by considering corporate liquidations prior to the more complex materials on tax-free reorganizations. numerous diagrams that illustrate the complexities and relational aspects of corporate transactions, practical skill development that will enable students to identify the details that really matter in the larger context, examples and explanations that test students’ understanding and provide an opportunity to apply what they have learned in each chapter and a modular chapter structure that easily adapts to different teaching approaches.

Global E-Business Law & Taxation

editor in chief, Ana D. Penn

K1005 .G56 2009

From the Publisher: As electronic commerce has taken off around the world, countries have struggled to participate in the boom without sacrificing key tax revenue. In recent years, there has been a worldwide explosion in the regulation of e-business, particularly in the area of taxation. Global E-Business Law and Taxation offers expert insight and guidance for practitioners who are involved in e-business transactions. The contributors of this publication, local tax practitioners with in-depth knowledge of their respective jurisdictions, share expert commentary and analysis with the reader. Global E-Business Law and Taxation compares and contracts e-business tax laws and regulations in North America; Europe, the Middle East and Africa; Latin America; Asia; Australia; and select offshore jurisdictions. Each of the regional sections includes an analysis of e-business taxation developments in major countries within the region.

Comparative Income Taxation: A Structural Analysis

Hugh J. Ault and Brian J. Arnold

K4505.4 .A95 2010

From the Publisher: The purpose of this book is to compare different solutions adopted by nine industrialized countries to common problems of income tax design. As in other legal domains, comparative study of income taxation can provide fresh perspectives from which to examine a particular national system. Increasing economic globalization also makes understanding foreign tax systems relevant to a growing set of transnational business transactions. Comparative study is, however, notoriously difficult. Full understanding of a foreign tax system may require mastery not only of a foreign language, but also of foreign business and legal cultures. It would be the work of a lifetime for a single individual to achieve that level of understanding of the nine income taxes compared in this volume. Suppose, however, that an international group of tax law professors, each expert in his own national system, were asked to describe how that system resolved specific problems of income tax design with respect to individuals, business organizations, and international transactions. Suppose further that the leaders of the group wove the resulting answers into a single continuous exposition, which was then reviewed and critiqued by a wider group of tax teachers. The resulting text would provide a convenient an comprehensive introduction to foreign approaches to income taxation for teachers, students, policy-makers and practitioners.

Library Highlights: Law & the Internet

Virtual Freedom: Net Neutrality and Free Speech in the Internet Age
Dawn C. Nunziato
KF4772 .N86 2009
From the Publisher: Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions – from obstructing e-mail to censoring cablecasts – are considered legal because of recent changes in free speech law. In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public’s right to access a broad diversity of content.

Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.

The Law of Virtual Worlds and Internet Social Networks
Andrew Sparrow
KD667.C65 S68 2010
From the Publisher: Virtual worlds are the latest manifestation of the internet’s inexorable appetite for development. Organisations of all kinds are enthusiastically pursuing the commercial opportunities offered by the growth of this phenomenon. But if you believe that there are no laws which govern internet social networks and virtual worlds this book will persuade you otherwise. There is law, and a good deal of it. Why would there not be?

As with many other aspects of the world wide web, this new medium is unregulated and offers many opportunities for companies to damage their reputation, run into a whole host of problems relating to intellectual property, trade marks and copyrights, and compromise the rights of individuals participating within the virtual environment. By reading The Law of Virtual Worlds and Internet Social Networks you will gain a good understanding of the legal issues which govern this expanding and fascinating world – are you ready for the leap from internet plaything to meaningful social and business tool? [this book] is an essential reference for advertising and media agencies; television broadcast producers; academic institutions including university law, knowledge and information departments. In fact, it has been written for anyone interested in virtual worlds and social networks whether commercially because you want to explore the possibilities such environments present, or for academic curiosity.

Internet Law in a Nutshell
Michael L. Rustad
KF390.5.C6 R87 2009
From the Publisher: The book begins with a review of the history, technology, and competing theories of the Internet that enables a deeper understanding of case law and statutory developments discussed in the substantive chapters. It covers the history of the Internet through the rapidly evolving Web 3.0, competing theories of Internet governance, cyber jurisdiction and enforcement of judgments, choice and conflicts of law, cybertorts, online contracting and licensing, the protection of online intellectual property assets, the protection of online privacy, criminal liability for Internet activity, and European Community directives such as the E-Commerce Directive, Brussels Regulation, and Rome I Regulation.

In Search of Jefferson’s Moose: Notes on the State of Cyberspace
David G. Post
K564.C6 P67 2009
From the Publisher: In 1787, Thomas Jefferson, then the American Minister to France, had the “complete skeleton, skin & horns” of an American moose shipped to him in Paris and mounted in the lobby of his residence as a symbol of the vast possibilities contained in the strange and largely unexplored New World. Taking a cue from Jefferson’s efforts, David Post, one of the nation’s leading Internet scholars, here presents a pithy, colorful exploration of the still mostly undiscovered territory of cyberspace–what it is, how it works, and how it should be governed.

What law should the Internet have, and who should make it? What are we to do, and how are we to think, about online filesharing and copyright law, about Internet pornography and free speech, about controlling spam, and online gambling, and cyberterrorism, and the use of anonymous remailers, or the practice of telemedicine, or the online collection and dissemination of personal information? How can they be controlled?

Should they be controlled? And by whom? Post presents the Jeffersonian ideal–small selfgoverning units, loosely linked together as peers in groups of larger and larger size–as a model for the Internet and for cyberspace community self-governance. Deftly drawing on Jefferson’s writings on the New World in Notes on the State of Virginia , Post draws out the many similarities (and differences) between the two terrains, vividly describing how the Internet actually functions from a technological, legal, and social perspective as he uniquely applies Jefferson’s views on natural history, law, and governance in the New World to illuminate the complexities of cyberspace.

E-Commerce and Internet Law: Treatise with Forms
Ian C. Ballon
KF390.5.C6 B35 2009
From the Publisher: The revised and updated edition of this comprehensive work provides you with a complete legal authority on e-commerce and Internet law, covering business-to-business and business-to-customer issues, regulatory issues, and emerging trends. It includes practice tips and forms and its unique organization facilitates finding quick answers to your questions. This valuable resource on Internet and ecommerce issues contains nearly 10,000 detailed footnotes, plus references to more than 100 unpublished court decisions, many of which are not available anywhere else.

Privacy and the Internet: Your Expectations and Rights under the Law
Revised and updated by Margaret C. Jasper
KF1263.C65 J38 2009
From the Publisher: The Internet is the most significant medium of both commercial and financial communications and transactions. It has become the nation’s primary vehicle for the exchange of news, mail, and general information. Unfortunately, these benefits often expose Internet users to serious privacy risks which may have catastrophic results. Thus, it is crucial that Internet users understand how to safely and securely “surf the net,” without exposing themselves to criminal activities which infringe on their privacy.

This almanac discusses some of the most important security methods, including the effective use of passwords, utilizing virus software, installing firewalls, understanding encryption technology, and being vigilant about the type of information one shares on the Internet. Internet identity theft is also addressed.

In addition, this fully revised publication outlines Internet privacy policies and applicable laws placed upon various entities designed to protect private information of Internet users. A discussion of online privacy protection for children, which encompasses the governing laws are included. Finally, this almanac sets forth the role of the Federal Trade Commission (FTC) in enforcing privacy rights, including a review of some of the major enforcement cases brought by the FTC. The Appendix provides resource directories, applicable statutes, and other pertinent information and data. The Glossary contains definitions of the terms used throughout the almanac.

Networking for Shy Lawyers

Check out this blog entry by Susan Cartier Liebel for links to many helpful articles on how to network, even if you’re an introvert. For more on networking for lawyers, check out these resources in the TJSL library:

A Lawyer’s Guide to Networking
Susan R. Sneider
KF316.5 .S64 2006

Legal job interviewing & effective networking [3 audio CDs]
Richard L. Hermann
Reserve AUDIO KF297 .H475 2008

The law firm associate’s guide to personal marketing and selling skills 
Catherine Alman MacDonagh & Beth Marie Cuzzone
KF316.5 .A46 2007

Selling and communication skills for lawyers : a fresh approach to marketing your practice 
Joey Asher
KF316.5 .A97 2005

ERPN – Entrepreneurship Research & Policy Network

erpnThe Entrepreneurship Research & Policy Network (ERPN) is one of the specialized research networks comprising the Social Science Research Network (SSRN), a collaborative of scholars devoted to the rapid worldwide dissemination of social science research.  The ERPN includes research from the Harvard Business School and peer-reviewed articles from Foundation and Trends – Entrepreneurship, Innovation and Technological Change.

The Library has purchased three logins which are available for individual assignment upon request.  If you wish to have access to the ERPN please contact Charles Dean, Electronic Resources Reference Librarian at x1128 or cdean@tjsl.edu.