Category Archives: Employment Law

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: Law and Religion

The Mandate of Heaven and the Great Ming Code
Jiang Yonglin
KNN33 .J53 2011
From the Publisher: After overthrowing the Mongol Yuan dynasty, Zhu Yuanzhang, the founder of the Ming dynasty (1368-1644), proclaimed that he had obtained the Mandate of Heaven (Tianming), enabling establishment of a spiritual orientation and social agenda for China. Zhu, emperor during the Ming’s Hongwu reign period, launched a series of social programs to rebuild the empire and define Chinese cultural identity. To promote its reform programs, the Ming imperial court issued a series of legal documents, culminating in The Great Ming Code, which supported China’s legal system until the Ming was overthrown and also served as the basis of the legal code of the following dynasty, the Qing (1644-1911). […] This study challenges the conventional assumption that law in pre-modern China was used merely as an arm of the state to maintain social control and as a secular tool to exercise naked power. Based on a holistic approach, Jiang argues that the Ming ruling elite envi-sioned the cosmos as an integrated unit; they saw law, religion, and political power as intertwined, remarkably different from the “modern” compartmentalized worldview. In serving as a cosmic instru-ment to manifest the Mandate of Heaven, The Great Ming Code represented a powerful religious ef-fort to educate the masses and transform society.

Friends at the Bar: A Quaker View of Law, Conflict Resolution, and Legal Reform
Nancy Black Sagafi-nejad
KF4869.Q83 S24 2011
From the Publisher: George Fox, founder of the Religious Society of Friends, admonished his follow-ers against “going to law.” In this fascinating, wide-ranging book, a Quaker lawyer explores the rela-tionship between Quakers and the American legal system and discusses Friends’ legal ethics. A highly influential group in the United States, both for their spiritual ideals of harmony, equality, and truth-telling, and for their activism on many causes, including abolition and opposition to war, Quakers have had many noteworthy interactions with the law. [The author] sketches the history and beliefs of the early Quakers in England and America, then goes on to look at important twentieth-century constitutional law cases involving Quakers, many involving civil rights issues. Sagafi-nejad’s survey of one-hundred Quaker lawyers shows them to be at odds with the adversarial system and highlights a legal practice that must balance truth-telling and zealous advocacy. The Quaker development of extra-legal dispute resolution to solve debates amongst Friends is discussed, along with a look at the possible future of mediation.

Hinduism and Law: An Introduction
edited by Timothy Lubin, Donald R. Davis Jr., Jayanth K. Krishnan
KNS122 .H564 2010
From the Publisher: Covering the earliest Sanskrit rulebooks through to the codification of ‘Hindu law’ in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India’s legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.

Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers
Raymond F. Gregory
KF3466.5 .G74 2011
From the Publisher: In a recent survey, 20 percent of the workers interviewed reported that they had either experienced religious prejudice while at work or knew of a coworker who had been subjected to some form of discriminatory conduct. Indeed, according to the Equal Employment Opportunity Com-mission, the filing of religious discrimination charges under Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, sex, and religion) increased 75 percent between 1997 and 2008. The growing desire on the part of some religious groups to openly express their faith while at work has forced their employers and coworkers to reconsider the appropriateness of certain aspects of devotional conduct. Religion in the workplace does not sit well with all workers, and, from the employer’s perspective, the presence of religious practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression—by employees and employers—from unlawful proselytizing. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history. practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression— by employees and employers— from unlawful proselytizing.

Muslims and Global Justice
Abdullahi Ahmed An-Naʻim
KBP2460 .N353 2011
From the Publisher: An-Na’im opens this collection of essays with a chapter on Islamic ambivalence toward political violence, showing how Muslims began grappling with this problem long before the 9/11 attacks. Other essays highlight the need to improve the cultural legitimacy of human rights in the Muslim world. As An-Na’im argues, in order for a commitment to human rights to become truly uni-versal, we must learn to accommodate a range of different reasons for belief in those rights. In addition, the author contends, building an effective human rights framework for global justice requires that we move toward a people-centered approach to rights. Such an approach would value foremost empower-ing local actors as a way of negotiating the paradox of a human rights system that relies on self-regulation by the state. Encompassing over two decades of An-Na’im’s work on these critical issues, Muslims and Global Justice provides a valuable theoretical approach to the challenge of realizing glob-al justice in a world of profound religious and cultural difference.

Politics, Taxes, and the Pulpit: Provocative First Amendment Conflicts
Nina J. Crimm, Laurence H. Winer
KF6449 .C748 2011
From the Publisher: In Politics, Taxes, and the Pulpit, Nina J. Crimm and Laurence H. Winer examine the provocative mix of religion, politics, and taxes involved in the controversy over houses of worship engaging in electoral political speech. The authors analyze the dilemmas associated with federal tax subsidies benefiting nonprofit houses of worship conditioned on their refraining from political cam-paign speech. The Supreme Court’s recent Citizens United decision invalidating federal campaign fi-nance restrictions on corporations’ political campaign speech makes the remaining, analogous restric-tive tax laws constraining many nonprofit entities all the more singular and problematic, particularly for houses of worship. Crimm and Winer explore the multifaceted constitutional tensions arising from this legal structure and implicating all fundamental values embodied in the First Amendment: free speech and free press, the free exercise of religion, and the avoidance of government establishment of religion. . They also examine the history and economics of taxation of houses of worship. The authors conclude that there exists no means of fully resolving the irreconcilable clashes in a constitutionally permissible and politically and socially palatable manner. Nonetheless, Crimm and Winer offer several feasible legislative proposals for reforming tax provisions that likely will generate considerable debate.

New Titles for the Center for Law and Social Justice

Blessed are the Peacemakers: Martin Luther King Jr., Eight White Religious Leaders, and the “Letter from Birmingham Jail”
S. Jonathan Bass
F334.B69 B37 2002
ThomCat
Amazon.com

Citizenship and its Exclusions: A Classical, Constitutional, and Critical Race Critique
Ediberto Roman
K3224 .R66 2010
ThomCat
Amazon.com

A Company of One: Insecurity, Independence, and the New World of White-Collar Unemployment
Carrie M. Lane
HD5724 .L276 2011
ThomCat
Amazon.com

Feminist Legal History: Essays on Women and Law
edited by Tracy A. Thomas and Tracey Jean Boisseau
KF478 .F46 2011
ThomCat
Amazon.com

The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing
edited by J. Cullen Howe and Michael B. Gerrard
KF5701 .L39 2010
ThomCat
Amazon.com

Mediation Ethics: Cases and Commentaries
edited by Ellen Waldman
KF9084 .M435 2011 (Lobby Display)
ThomCat
Amazon.com

Modern Constitutional Law
William J. Rich
KF4550 .A75 2011
ThomCat

Negotiating Sovereignty and Human Rights: International Society and the International Criminal Court
Sibylle Scheipers
KZ6310 .S353 2009
ThomCat
Amazon.com

The One Percent: A Film
Jamie Johnson; a Wise & Good Film presentation
VIDEO HB835 .O54 2007 DVD-ROM (Reserve)
ThomCat

Schools for Misrule: Legal Academia and an Overlawyered America
Walter Olson
KF272 .O474 2011
ThomCat
Amazon.com

Student Loan Law
Deanne Loonin; contributing author, Geoff Walsh
KF4235 .L66 2010
ThomCat

San Diego Legal News: Mount Soledad Cross ruled unconstitutional and new laws discussed

The enormous crucifix on government owned land that has been touted as a symbol of support for U.S. veterans has been deemed  unconstitutional. Government resources cannot legally be used to exclusively promote any specific religion, and the Mount Soledad cross is no exception. However, Republicans are determined to keep the cross and are trying to bypass the decision of the 9th US Circuit Court of Appeals by taking to Congress their request to keep the Christian symbol standing.

References


Local News: Wrongful Termination – Scott Kessler fired for being a whistleblower?

San Diego Mayor Jerry Saunders is currently defending the decision to lay off former Deputy Director of Economic Development, Scott Kessler. Kessler claims that he was fired for being a whistleblower on issues related to bribery, fraud, and conflict of interest. For more information, see these two recent articles from the San Diego Reader, and 10News.com. This news comes on the heels of another San Diego Reader news report questioning the Mayor’s ethics regarding the financial interest of San Diego.

10News.com
San Diego Reader by Don Bauder (Nov 10, 2010)
San Diego Reader by Don Bauder (Oct 19, 2010)

Library Highlights: Elder Law

Everyday Law for Seniors

Lawrence A. Frolik and Linda S. Whitton

KF390.A4 F7535 2010

From the Publisher: Seniors are a wide ranging and exponentially growing special status group that the law treats differentially with respect to rights, responsibilities, and benefits. This book is written to inform and assist seniors and those who care for them. The topics covered range from retirement strategies, housing options, and long-term care to federal benefit programs such as Social Security, Medicare, and Medicaid, and ultimately, to end of life decisions. Whether you are someone looking out for your parents; a new retiree concerned about your legal rights; or one of the growing number of “old old” eighty-five years or older who needs answers to confusing legal issues, this book provides essential information in clear language about timely topics such as reverse mortgages, long-term care insurance, powers of attorney, guardianship, and the hidden problem of elder abuse.

Elder Law Answer Book

Robert B. Fleming, Lisa Nachmias Davis

KF390.A4 F58 2010

From the Publisher: Written by nationally-known elder law practitioners, Robert B. Fleming and Lisa Nachmias Davis, the Elder Law Answer Book gathers the most current legal, regulatory, and practice guidelines from the core topics of elder law, long-term care, estate planning, retirement planning, healthcare decision making, and rights of the elderly — and presents this information in a thoroughly integrated, easy-access reference. The all-new Third Edition of Elder Law Answer Book helps you render sound advice and give reliable guidance on: medicaid and long-term care planning, estate planning, probate and trust administration, special needs trusts, medicare and more!

A Well-Tailored Safety Net: The Only Fair and Sensible way to Save Social Security

Jed Graham

HD7125 .G695 2010

From the Publisher: Tackling one of the most difficult and divisive issues facing America today, A Well- Tailored Safety Net: The Only Fair and Sensible Way to Save Social Security seeks to transform the political debate over Social Security reform by introducing the first proposal tailored to meet both the nation’s fiscal challenges and the responsibility of caring for an aging population. As the first batch of 77 million baby boomers begins to collect its social security benefits in the midst of the explosion of national debt from economic recovery expenditures, Social Security reform becomes increasingly urgent. Jed Graham takes apart each of the current leading proposals and shows how all of them fall short by the key criteria of affordability, effectiveness, and fairness. Graham proposes a bold new approach that would erase more debt than any other proposal, yet avoid benefit cuts in very old age, when people can least afford them. Short on actuary speak and long on common sense, A Well-Tailored Safety Net makes the Social Security debate accessible to general readers. At the same time, it advances innovative solutions with such command of analytic detail and ideological impartiality as to merit serious study by legislators and policymakers.

New Times, New Challenges:

Law and Advice for Savvy Seniors and their Families

Kenney F. Heglandm, Robert B. Fleming

KF390.A4 H443 2010

From the Publisher: Students taking Elder Law or Health Law might find this book helpful to get a quick introduction to topics you don’t cover in your course or as a second opinion for those you do. As a savvy law professor, even if you don’t teach those courses, particularly if you don’t teach those courses, you get tough questions from friends and relatives — “Should I have a living trust? What’s a health care power of attorney? What’s a disgruntled heir?” Here’s help for dire times. Written by a law professor with the practical insights of an elder law lawyer, it covers everything from retirement (finances, housing, Medicare) to advance directives, elder abuse to nursing homes, scams, bill collectors, age discrimination, to disability in the family and hospice. It even covers sex, driving, and what it feels like growing old, having everyone start calling you “dear” and giving you, without even asking, those dreaded discounts.

Comparing how Various Nations Administer Retirement Income: Essays on Social Security, Privatisation, and Inter-Generational Covenants

edited by Mark Hyde and John Dixon

HD7091 .C56 2010

From the Publisher: This book makes an innovative contribution to the field of retirement income security in three distinctive ways. First, it seeks to develop a sophisticated philosophical rationale for the social dimension, in the context of retirement. Such a rationale is frequently implicit in much of the relevant literature, and where explicit, is often crudely developed. Second, it seeks to identify robustly the ways in which specific forms of privatisation promote outcomes that are consistent with the social dimension, whilst acknowledging the possibility of market failure. Third, it seeks to provide an agenda for reform, based on robustly developed normative arguments, and a careful appraisal of the evidence.

Social Security: A Fresh Look at Policy Alternatives

Jagadeesh Gokhale

HD7125 .G654 2010

From the Publisher: To assess Social Security’s fate more accurately under current and alternative policies, Gokhale constructs a detailed simulation of the forces shaping American demographics and the economy to project their future evolution. He then uses this simulation to analyze six prominent Social Security reform packages—two liberal, two centrist, and two conservative—to demonstrate how far they would restore the program’s financial health and which population groups would be helped or hurt in the process. Arguments over Social Security have raged for decades, but they have taken place in a relative informational vacuum; Social Security provides the necessary bedrock of analysis that will prove vital for anyone with a stake in this important debate.

Forced Out: Older Workers Confront Job Loss

Kenneth A. Root, Rosemarie J. Park

HD5708.55.U6 R65 2009

From the Publisher: What happens to long-term employees when their jobs are unexpectedly eliminated? In this richly detailed study of a major layoff and its aftermath, Kenneth Root and Rosemarie Park address head-on the ramifications of job loss for older workers. The authors follow the experiences of 173 factory workers—from first thoughts on being forced out of work to reflections several years later. Retraining, age discrimination, and the occasional, if unanticipated, benefits of job loss are among the many issues considered. The result is a wide-ranging and thoughtful look at both the universal issues facing downsized employees and the unique challenges of being an older worker involuntarily out of work.