Category Archives: International Law

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

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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.

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 added to the Library in May, 2011

To request any of these titles, please send an email to circlib@tjsl.edu

New Titles for the Center for Law & Social Justice
3 titles

Handbook on Mediation
American Arbitration Association
KF9084 .H363 2010
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The How-to-Win Appeal Manual: Winning Appellate Advocacy in a Nutshell
Ralph Adam Fine
KF9050 .F56 2008
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Manual on Domestic Violence
Nancy K.D. Lemon
KFC1121.4 .L46 2009
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New Titles for the Center for Law & Intellectual Property
4 titles

Biotechnology and the Federal Circuit
Kenneth J. Burchfiel
KF3133.B56 B87 2009
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Cameras in the Courtroom: Television and the Pursuit of Justice
Marjorie Cohn and David Dow             Faculty Publication
KF8726 .C63 2011 (Lobby Display)          
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Counseling Clients in the Entertainment Industry
KF390.E57 C66
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Creative License: The Law and Culture of Digital Sampling
Kembrew McLeod and Peter DiCola; with Jenny Toomey and Kristin Thomson
KF3035 .M35 2011
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New Titles for the Center for Global Legal Studies
5 titles

The Evolving International Investment Regime: Expectations, Realities, Options
edited by Jose E. Alvarez and Karl P. Sauvant; with Kamil Gerard Ahmed and Gabriela P. Vizcaino
K3829.8 .C648 2007
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Five Masters of International Law: Conversations with R-J Dupuy, E. Jimenez de Arechaga, R. Jennings, L. Henkin, and O. Schachter
Antonio Cassese
KZ3900 .F58 2011
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International Law
edited by Malcolm D. Evans
KZ1242 .I573 2010
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National Courts and the International Rule of Law
Andre Nollkaemper
K302 .N65 2011
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Les Successions, Les Liberalites
Philippe Malaurie
KJV1329 .M257 2010
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New Titles for the Center for Law and Intellectual Property

Art Entrepreneurship
edited by Mikael Scherdin, Ivo Zander
NX760 .A78 2011
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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
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A Legal Strategist’s Guide to Trademark, Trial, and Appeal Board Practice
edited by Jonathan Hudis
KF3193 .L44 2010
ThomCat

New Titles for the Center for Global Legal Studies

Corporate Social Responsibility: The Corporate Governance of the 21st Century
edited by Ramon Mullerat; authors, Daniel Brennan … [et al.]
K1327 .C675 2011
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Guide to ICSID Arbitration
Lucy Reed, Jan Paulsson, Nigel Blackaby
K3834 .R44 2011
ThomCat
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Negotiating Sovereignty and Human Rights: International Society and the International Criminal Court
Sibylle Scheipers
KZ6310 .S353 2009
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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.