Category Archives: Environmental Law

Library HighLights: Natural Disasters & The Law

Disaster Law & PolicyDisaster Law and Policy

Daniel A. Farber

KF3750 .F37 2010

 

From the Publisher: Disaster Law and Policy examines the growing field concerned with disaster prevention, emergency response, compensation & insurance, human rights, and community recovery. The first book on disaster law to appear in the wake of Katrina, this fascinating text provides the key building blocks for a thoughtful analysis of the issues that surround disaster-relief policy and procedure.

Law of EmergenciesThe Law of Emergencies

Nan D. Hunter

KF5900 .H86 2009

 

From the Publisher: The Law of Emergencies introduces the American legal system as it interacts with emergency management and public health issues. Hunter engages with and debates some of the most important Constitutional issues of our time, such as the tension between civil liberties and national security. She also shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions.

Children Law and DisastersChildren, Law, and Disasters: What We Learned from Katrina and the Hurricanes of 2005

ABA Center on Children and the Law

KF3735 .C475 2009

 

From the Publisher: This book, a collaboration between the American Bar Association and the University of Houston Law Center, examines the intersection of children, law and disasters like Hurricane Katrina. It looks at the experiences of children during the disasters and the first response to the events in order to demonstrate how we can do a better job for children. It acknowledges the considerable stress on systems such as juvenile justice, foster care, and education before the disasters and what needs to happen in a post-Katrina world.

CatastropheCatastrophe: Law, Politics, and the Humanitarian Impulse

Austin Sarat (Ed. )

KF3750 .C38 2009

 

From the Publisher: From 9/11 to Katrina, from Darfur to the Minnesota bridge collapse, ours is an “age of catastrophe.” In this era, catastrophic events seem to have a revelatory quality: they offer powerful reminders of the fragility of our social and institutional architectures, making painfully evident vulnerabilities in our social organization that were otherwise invisible. By disrupting the operation of fundamental mechanisms and infrastructures of the social order, they lay bare the conditions that make our sense of normalcy possible.

Emergencies and the limits of legalityEmergencies and the Limits of Legality

Victor V. Ramraj

K4700 .E46 2008

 

From the Publisher: This collection of essays – at the intersection of legal, political and social theory and practice – explores law’s capacity to constrain state power in times of crisis. The global response to the 11 September 2001 attacks on the United States was no exception, and the wave of legislative responses is well documented. Yet there is an everpresent danger, borne out by historical and contemporary events, that even the most well -meaning executive, armed with extraordinary powers, will abuse them. This inevitably leads to another common tendency in an emergency, to invoke law not only to empower the state but also in a bid to constrain it. Can law constrain the emergency state or must the state at times act outside the law when its existence is threatened? If it must act outside the law, is such conduct necessarily fatal to aspirations of legality?

When Nature StrikesWhen Nature Strikes: Weather Disasters and the Law

Marsha L. Baum

KF3750 .B38 2007

 

From the Publisher: Shows us the human side of the weather by explaining how the law and weather interact. Both law and weather affect us every day of our modern lives, yet most people do not know how the weather has affected developments in the law, nor are they aware of how the law has attempted to develop ways to affect the weather. When Nature Strikes is the first book to examine the various areas in which law and weather meet and affect each other. This one-of-a-kind work describes the law related to weather in the United States in the context of specific cases, legislation, and administrative legal action.

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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

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

CA Legal News: California Renewable Energy Resources Act

California Governor Jerry Brown has signed into law, an Act that gives the state of California 9 years within which to obtain a third of its energy from renewable sources. This is in keeping with former Governor Schwarzenegger’s 2008 executive order “requiring that California utilities reach the 33 percent renewables goal by 2020” (http://www.energy.ca.gov/renewables/).  The question is, can California implement this law without breaking the bank?

2006 statistics from the California Manufacturers and Technology Association indicate that in 2006, CA had the eighth highest cost of electricity of all the states, after Hawaii (approximately double the cost of CA electricity), Massachusetts and New Hampshire, were almost a third more expensive than California. The lowest energy costs were roughly half that of California, in West Virginia and Idaho (Energy Index)

More recent statistics from the U.S. Energy Information Administration indicate that as of Dec 2010 the “Average Retail Price of Electricity to Ultimate Customers” in CA was 13.81 cents per kilowatthour. This makes the cost of energy in CA cheaper than Alaska and Hawaii (which arguably have their own infrastructure and transmission related issues driving up the cost), and also cheaper than   Connecticut (17.39), Massachusetts (14.53) and New Hampshire (14.82) and only slightly cheaper than the District of Columbia at 13.75 cents per kilowatthour. On the low end are Wyoming, Washington and Idaho (6.2, 6.6, and 6.54) (http://www.eia.gov/cneaf/electricity/epm/table5_6_b.html).

Still, even if you look at commercial rates only, California, at 11.26 cents per kilowatthour still does not have rates that are “50% higher than in the rest of the country” as Joseph Vranich claims in his blog post Why do Companies Leave California? As of these statistics for December 2010, updated March 2011, the U.S. average is “9.81” cents per kilowatthour which makes California rates only 14% higher than the national average, or if you want to use the statistics of the cheapest state, in this case, Idaho, at 6.31, well yes, the rates are definitely more than 50% higher in California than they are in Idaho (Vranich).

Regardless of the exact or comparative numbers, the implementation of new renewable sources of energy will require an initial investment in infrastructure, and this comes at a time when state and federal funding is already tight. Energy law expert, Dian Grueneich, formerly Commissioner of the California Public Utilities Commission, believes that while energy efficiency may reduce energy emissions in accordance with the 2006 California Global Warming Solutions Act, implementation of the recent California Renewable Energy Resources Act may be slow given the current financial restrictions.

How do you think this will turn out? Will California lead the country and the world in achieving 33-40% renewable energy sources within the next 8 years, 8 months? Or will California bankrupt it residents and drive more businesses to Nevada (and other states) with unreasonable energy price hikes?

References

Library Highlights: Environmental Law

The Global Environment: Institutions, Law, and Policy

edited by Regina S. Axelrod, Stacy D. VanDeveer, David Leonard Downie

K3585 .G58 2011

 

From the Publisher: The new edition of this award-winning volume reflects the latest events in the climate crisis while providing balanced coverage of the key institutions, issues, laws, and policies in global environmental politics. Chapter authors provide crucial historical context while synthesizing the latest scholarship for a student audience. In addition to three entirely new chapters, all of the es-says are written specifically for this volume— updated with new case material, maps, figures, exam-ples, and interpretations. Additionally,  an updated chronology of global environmental policy and an updated list of acronyms aid students in critical reading, as well as review and study.

Climate Change and Sustainable Development Law in a Nutshell

John R. Nolon, Patricia E. Salkin

KF3783 .N65 2011

 

From the Publisher: Policies regarding sustainable development and climate change management appeared on the world stage at the same time and should be studied and understood as a single body of law. This Nutshell enables readers to learn how the U.S. legal system fosters greenhouse gas reduction, energy conservation, and sustainable patterns of growth including energy efficient and sustainable buildings, the use of renewable energy resources, the protection of sequestering open space, and the adaptation of buildings and communities to sea level rise and natural disasters.

Agenda for a Sustainable America: The law Applying to Nuclear installations and Radioactive Substances in its Historic Context

edited by John C. Dernbach

HC79.E5 A358 2009

 

From the Publisher: This book is a comprehensive assessment of U.S. progress toward sustainable development and a roadmap of necessary next steps toward achieving a sustainable America. Packed with facts, figures, and the well-informed opinions of forty-one experts, it provides an illuminating “snapshot” of sustainability in the United States today. And each of the contributors suggests where we need to go next, recommending three to five specific actions that we should take during the next five to ten years. It thus offers a comprehensive agenda that citizens, corporations, nongovernmental organizations, and government leaders and policymakers can use to make decisions today and to plan for the future.

Sustainable development holds enormous promise for improving the quality of life for Americans over the coming decades. Agenda for a Sustainable America describes what we need to do to make the promise a reality. It assesses trends in twenty-eight separate areas of American life—including forestry; transportation; oceans and estuaries; religion; and state, local, and national governance. In every area, contributors reveal what sustainable development could mean, with suggestions that are specific, desirable, and achievable. Their expert recommendations point the way toward greater economic and social well-being, increased security, and environmental protection and restoration for current and future generations of Americans. Together they build a convincing case for how sustainable development can improve our opportunities and our lives.

Climate Change and the Law

Chris Wold, David Hunter, Melissa Powers

K3593 .W65 2009

 

From the Publisher: This new book comprehensively assesses the law and science of climate change, as well as the policy choices for responding to this global problem. Given the all-encompassing reach of climate change, Climate Change and the Law allows students to study how the many different areas of law–public international law, public administrative law, federal environmental law, state and municipal regulations, and the common law–can be implicated in addressing a major social issue. This text-book thus provides students with an integrated experience to study law and an understanding of the many climate-related challenges facing the next generation of lawyers. The book begins by exploring the international climate change regime, including a detailed investigation of emissions trading and the controversial regime for reducing greenhouse gas emissions through land use and forest management practices. It also explores options for a future international agreement in light of calls to reduce emissions by as much as 80 percent.

Nuclear Law: The Law Applying to Nuclear Installations and Radioactive Substances in its Historic Context

Stephen Tromans

KD3497 .T76 2010

 

From the Publisher: This book is a practical guide to the international, EC and UK law applying to the various uses of nuclear energy and radioactive substances. The first edition was produced in 1997, and given the renaissance of interest in nuclear power in the UK and worldwide, this new, updated and much expanded edition is timely. It will cover the law relating to the permitting and operation of nu-clear power stations, the decommissioning and clean-up of former nuclear facilities, radiological protection, the management of radioactive waste and spent fuel, liability and insurance, and the security and transport of radioactive materials. Readers will find a clear framework explaining the development and application of nuclear law, and how domestic law is based on and influenced by international and European requirements and by its historical context. In the commercial context, the chapters dealing specifically with new build and with decommissioning will be vital reading.

A Substantive Environmental Right: An Examination of the Legal Obligations of Decision-makers Towards the Environment

Stephen J. Turner

K3585 .T87 2009

 

From the Publisher: Accute global awareness of environmental degradation seems at last to have created a consensus that environmental obligations should be imposed on decision-makers, whether state or non-state actors. However, although substantive environmental rights have been developed to a limited degree, there is as yet no international treaty or agreement that provides a globally accepted substantive human right to a good or clean and healthy environment.

This impressive book proposes such a right. In unprecedented depth, the author probes the legal obligations of decision-makers within states, companies, multilateral development banks and the World Trade Organization and develops a sound substantive human right that creates duties, both nationally and internationally, by which all decision-makers are legally bound to follow specific rules and procedures that would prevent or limit environmental degradation stemming from their decisions. Among the major issues dealt with in the course of the presentation are the following: determination of an equitable form of compensation where less environmentally-degrading alternatives are not viable; anthropocentric approach vs. intrinsic rights for all ecosystems and natural systems; problems of fixing qualitative standards; problems arising from the differing economic capacities of states; the extent to which state constitutional provisions relating to the environment can direct and constrain legislators and policymakers; effectiveness of responses to pressure upon multinational enterprises to take the environment into consideration in their decision-making processes; intergenerational equity; protection of indigenous and vulnerable communities; and public participation in the environmental impact assessment process.

New Titles for the Center for Law & Social Justice

California Criminal Sentencing Enhancements
KFC1172.A15 C35 (California Materials)
ThomCat

Contracting with Sovereignty: State Contracts and International Arbitration
Ivar Alvik
K2400 .A944 2010
ThomCat | Amazon.com

Ecofeminism
Maria Mies & Vandana Shiva
HQ1233 .M53 1993
ThomCat | Amazon.com

Federal Environmental Law: The User’s Guide
Olga L. Moya, Andrew L. Fono
KF3775.Z9 M69 2011
ThomCat | Amazon.com

Human Rights in Europe: Commentary on the Charter of Fundamental Rights of the European Union
William B.T. Mock, editor; Gianmario Demuro, coordinating editor
KJE5132.A432 H86 2010
ThomCat | Amazon.com

The Law of Products Liability
Marshall S. Shapo
KF1296 .S43 2010
ThomCat

The Lisbon Treaty: Law, Politics, and Treaty Reform
Paul Craig
KJE4443.32007 .C73 2010
ThomCat | Amazon.com

Obesity, Business and Public Policy
edited by Zoltan J. Acs, Alan Lyles; in collaboration with Kenneth R. Stanton
RA645.O23 O22 2009
ThomCat | Amazon.com

Practice Under the Federal Sentencing Guidelines
edited by David Debold
KF9685 .P7322 2010-
ThomCat | Amazon.com

Trafficking and Human Rights: European and Asia-Pacific Perspectives
edited by Leslie Holmes
HQ281 .T73 2010
ThomCat | Amazon.com

Library Display: Law & Environmental Disasters

As the Gulf Oil Disaster continues to capture the headlines we are reminded that the law, and court interpretation of the law, ultimately arbitrates the scope of each disaster and defines the economic, legislative, and regulatory consequences that follow.

Drop by the Library and look over our timely display of books and videos highlighting just some of our collection’s significant holdings on this topic.