The Berkeley Law Library proudly presents
Berkeley Law Books 2017
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This important volume enhances understanding of the implications of taxation on behavior and social outcomes by having leading scholars evaluate key topics in tax policy. These include how changes to the individual income tax affect long-term economic growth; the challenges of tax administration, compliance, and enforcement; and environmental taxation and its effects on tax revenue, pollution emissions, economic efficiency, and income distribution.
This text and the accompanying videos provide a basic introduction to the mysteries of legal research, giving the new legal researcher the tools necessary for success. The title Legal Research Survival Manual is chosen with care. The work does not provide comprehensive coverage of legal materials, and is not designed to replace traditional legal texts. Instead, it is an easy-to-read introduction for students at the very start of their career. It is designed to be an approachable resource to launch them into the first year of law school or as a legal research refresher for those starting their first jobs or internships. The videos can be watched in conjunction with the book or separately.
This edition draws liberally upon the subject’s rich history, in law and culture. Without that history there can be no firm understanding of the subject. Animals are living entities, organized into shifting, complex ecological systems; from the first page, biology plays a critical role in our story. Moral sentiments and ethical values have expanded to attend to the plight of particular animals, to species, and to the healthy functioning of communities. Ethical concerns, too, appear in this edition as a key issue.
Hardly a week goes by without another controversy over free speech on college campuses. In this clear and carefully reasoned book, Chemerinsky and Howard Gillman argue that campuses must provide supportive learning environments for an increasingly diverse student body, but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers prescriptions for what colleges can and can’t do when dealing with free speech controversies.
On matters of access to courts, the Supreme Court’s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens’ constitutional rights. Chemerinsky shows the effect of these decisions: taken together, they add up to a growing limitation on citizens’ ability to defend their rights under the Constitution. Chemerinsky argues that enforcing the Constitution should be the federal courts’ primary purpose, and they should not be barred from considering any constitutional question.
Constitutional Law, is known for its concise, yet comprehensive presentation. Professor Chemerinsky’s distinctive approach presents the law solely through case excerpts and his own essays, and with the author’s context and background information, the law becomes more readily understood. The text’s flexible organization accommodates a variety of course structures so that no chapter assumes that students have read preceding material. Finally, a complete Teacher's Manual and Annual Case Supplement round out this acclaimed Constitutional Law text.
Fred Cate and Jim Dempsey examine national practices and laws regarding systematic government access to personal information held by private-sector companies. Their initial research finds that these data collection programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from oversight, posing serious threats to personal privacy. After the Snowden leaks confirmed these initial findings, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to private-sector data, and how companies should respond to government demands for access.
Parks and protected areas worldwide are under increasing threat from storms and fires of greater severity, plant and animal extinctions, the changing attitudes of a more urbanized public, and special interest groups. This book gathers a group of scholars to address these problems and, in so doing, to secure a future for protected areas that will push forward the frontiers of biological, physical, and social science in and for parks.
The author argues one of the reasons for the limited success of antidiscrimination policies is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of anti-discrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
This text focuses on core concepts of climate change law, rather than all of the complex details. The book begins by discussing the scientific and policy issues that frame the legal scheme, including the state of climate science, the meaning of the social cost of carbon, and the variety of tools that are available to reduce carbon emissions. It then covers in turn the international, national, and state efforts in this sphere. Finally, the book turns to the challenge of adapting to climate change, before exploring the concept of geoengineering and the potential challenges associated with using geoengineering as a tool for addressing climate change. The book is designed to be accessible to a broad range of readers, not just those who have backgrounds in climate science, environmental economics, or law.
Farhang and Burbank contribute to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. The pair discover that, although the counterrevolution largely failed in more democratic lawmaking sites, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
Required to sign away their legal rights as authors as a condition of employment, professional writers may earn a tidy living for their work, but they seldom own their writing. Fisk traces the history of labor relations that defined authorship in film, TV, and advertising in the mid-twentieth century. Fisk examines why strikingly different norms of attribution emerged in these overlapping industries, and she shows how unionizing enabled Hollywood writers to win many authorial rights, while Madison Avenue writers achieved no equivalent recognition.
This Nutshell provides a basic introduction to international and foreign legal research for the non-specialist. It offers guidance through the unfamiliar pathways of research using international and non-US legal legal materials and demystifies the world of treaties and international case law. Since it’s aimed at the non-specialist, it provides straight-forward background information on the United Nations and the European Union and includes guidance using the documents and legal materials of these institutions. There are extensive links to the rich world of Web resources, but it also describes print research tools that remain important in this field. Finally, it sets out a road map for approaching a research problem involving international, foreign and comparative law.
This book is the first to consider the voice of the child in discussions about regulating the fertility industry. The controversies are many. Donor anonymity is preventing millions of children from knowing their genetic origins. Fertility clinics are marketing genetically enhanced babies. Career women are saving their eggs for later in life. And Third World women are renting their wombs to the rich. Meanwhile, the unregulated fertility market charges forward as a multi-billion-dollar industry. This deeply-considered book offers answers to the urgent question: Who will protect our babies of technology?
Alfonso Rutherford Berry III—son of a city councilman, grandson of the state’s first African American legislator—believes that history has ordained for him but one life, and it ain’t his first love: dancing. But after a series of tragedies, starting with the death of his fierce, out cousin Carlton, his assumptions explode in his face along with his closet door.
In the process, he makes new friends, finds love, and discovers his own voice. However, his new life sets him on a collision course with his father, his church, and the family legacy established by his revered late grandfather.
Written in taut prose steeped in history and current events—and seasoned with the blues—Sin Against the Race follows the coming-of-age journey of a young black gay man as he progresses from an invisible councilman’s son to a formidable presence in his community.
In Appellation Napa Valley, the renowned wine lawyer and industry authority Richard Mendelson takes us inside the legal and commercial struggles that did so much to make the Napa Valley into what it is today. Along the way, he brings us incisive portraits of the men and women who joined hands in common cause and common spirit, igniting a revolution in American wine and food in the process.
This 2 volume set provides an in-depth survey of the rapidly evolving field of intellectual property law. Volume I covers philosophical perspectives, trade secret law, and patent law. The 2017 edition reflects recent legislative and case law developments in patent, trademark, copyright and state intellectual property protections.
This 2 volume set provides an in-depth survey of the rapidly evolving field of intellectual property law. Volume II covers copyright law, trademark law, and state intellectual property law protections. The 2017 edition reflects recent legislative and case law developments in patent, trademark, copyright and state intellectual property protections.
This volume contains intellectual property statutes related to Trade Secret Law, Patent Law, Copyright Law, Trademark Law, Right of Publicity Law, IP Treaties, and Competition Law.
This single volume is an authoritative collection of scholarship examining many facets of the public domain. This publication collects key papers which examine the various justifications for a rich repository of publicly-available information, including policies favoring robust competition, free speech, and scientific and technological advance. It also explores problems in ensuring access to public domain works, as well as commons management mechanisms. Perspectives on the dynamic between the public domain and the creation of new works are also presented.
This volume is the first in a short series of introductions to ancient Greek poetry. It is intended for people, young and older, who form an interest in discovering great poetry, or indeed great art in general. The distinctive accomplishment of great art is the opening of a world. To discover it is to transpose oneself into the world it opens. Translation, and the reading of translations, are but a step on the way through which one undergoes this illuminating work of language. The selections from Homer's Iliad and Odusseia confine themselves to the highest moments of epic poetry in the work of Homer. Repetitive scenes of combat, in the Iliad, or of banquets and speeches, in the Odusseia, are omitted, but the large outlines of the two poems are preserved, so that the stories can be followed with ease.
The 12th edition of this comprehensive casebook draws both from its history and current debates to create a lively and rich set of materials appropriate for introductory as well as advanced courses. In addition, the new edition of the casebook offers a leaner presentation of many topics and more cues for helping students process the materials.
This text uses a problem-based approach to examine a global view of equality and anti-discrimination law, comparing U.S., European, and other national, regional and international legal systems, including those of India, China, Brazil and South Africa. The book covers nine topic modules: Theories of Equality, Sources of Anti-discrimination Law, Employment Discrimination and Harassment (race, sex, age, disability), Marriage Equality (race, same-sex), Affirmative Action (race, caste, origin)/Gender Parity, Hate Speech (race, sex, religion), Reproductive Rights, Secularism and the Rights of Religious Minorities, Rights of Persons with Disabilities.
A basic overview of the legal protections for workers under California and federal law, written in understandable language, designed for use by workers and those who represent them. The California Workers’ Rights covers significant changes to the laws governing wage theft, Workers’ Compensation, family leave, disability rights, and more, as well as major cases governing important rights like meal and rest breaks.
Microeconomics exposes readers to topics that play a central role in microeconomics. From game theory and competitive strategy, to the roles of uncertainty and information, and the analysis of pricing by firms with market power, the text helps you understand what’s going on in the world of business. It also shows you how microeconomics can be used as a practical tool for decision-making and for designing and understanding public policy. The 9th Edition further illustrates microeconomics’ relevance and usefulness with new coverage and examples, and an improved exposition that is clear and accessible as well as lively and engaging. With Microeconomics, you will be able to fully appreciate how a modern economy functions.
In the years since 1994, when the UN Convention on the Law of the Sea (UNCLOS) entered into force, the ocean law regime has been profoundly affected by an interplay of new forces in global ocean affairs. Numbered among them are innovations in technology and science, the emergence of intensified piracy and other challenges to maritime security, national, and regional programs. In Ocean Law and Policy: Twenty Years of Development under the UNCLOS Regime, experts from fourteen countries present nineteen papers that provide insightful analyses of these wide-ranging issues that form the emerging new context of UNCLOS as a keystone to a working regime system. Accessible as well as authoritative, this volume offers to general readers as well as academics, policy officials, and legal experts a set of important analyses and provocative insights, forming a major contribution to the literature of ocean studies.
The fourth edition of this popular text incorporates extensive developments in privacy law and includes an introductory chapter summarizing key new laws, cases and enforcement actions. Privacy Law Fundamentals is no treatise - its accessible, portable format delivers vital information in a concise and digestible manner. It includes key provisions of privacy statutes; leading cases; tables summarizing the statutes (private rights of action, preemption, liquidated damages, etc.); summaries of key state privacy laws; an overview of FTC enforcement actions; and answers to frequently asked questions, including: What are the new developments at the FTC and FCC? What will the EU's General Data Protection Regulation and the Privacy Shield mean for U.S. companies? What recent changes have occurred in the area of data security law?
The Sixth edition of this casebook surveys the field of information privacy law, with excerpts from the leading cases and scholarship. It covers privacy issues involving the media, health and genetic privacy, law enforcement, freedom of association, anonymity, identification, computers, records, cyberspace, home, school, workplace, and international privacy.
Hiding in Plain Sight tells the story of the global effort to apprehend the world’s most wanted fugitives. Beginning with the flight of tens of thousands of Nazi war criminals and their collaborators after World War II, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America’s pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies—both successful and unsuccessful—that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades—all in the name of international justice and human rights.
For more than a century, law schools have trained students to “think like a lawyer.” In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars examine what is distinctive about legal thought.
Tyler unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.
Threats to international peace and security include the proliferation of weapons of mass destructions, rogue nations, and international terrorism. Yoo and Rabkin argue that the United States should respond to these challenges to national security and world stability by embracing new military technologies such as drones, autonomous robots, and cyber weapons.
Zimring analyzes of the use of lethal force by police in the United States and how its death toll can be reduced. He compiles data from federal records, crowdsourced research, and investigative journalism to provide a comprehensive, fact-based picture of how, when, where, and why police resort to deadly force.