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  Environment, Energy, and Resources Law: The Year in Review - 2015

  Helen H. Kang

  Professor Kang contributed to chapter 26, Constitutional Law.

  The Year in Review is the Section's comprehensive annual summary of judicial decisions, new legislation, and regulatory developments. Topics include air quality, environmental transactions and brownfields, water quality and wetlands, oil and gas, and water resources.

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  How Cities Will Save the World: Urban Innovation in the Face of Population Flows, Climate Change and Economic Inequality

  Kathleen Morris

  Author of chapter: "Cities Seeking Justice: Local Government Litigation in the Public Interest."

  This book chapter explains that an increasing number of city law offices across the U.S. view themselves as platforms for public interest work rather than mere defense litigation firms. The book is intended for scholarly and non-scholarly audiences alike. The goal of the book is to both record what is happening and inspire city officials going forward.

  Cities are frequently viewed as passive participants to state and national efforts to solve the toughest urban problems. But the evidence suggests otherwise. Cities are actively devising innovative policy solutions and they have the potential to do even more. In this volume, the authors examine current threats to communities across the U.S. and the globe. They draw on first-hand experience with, and accounts of, the crises already precipitated by climate change, population shifts, and economic inequality. This volume is distinguished, however, by its central objective of traveling beyond a description of problems and a discussion of their serious implications. Each of the thirteen chapters frame specific recommendations and guidance on the range of core capacities and interventions that 21st Century cities would be prudent to consider in mapping their immediate and future responses to these critical problems. How Cities Will Save the World brings together authors with frontline experience in the fields of city redevelopment, urban infrastructure, healthcare, planning, immigration, historic preservation, and local government administration. They not only offer their ground level view of threats caused by climate change, population shifts, and economic inequality, but they provide solution-driven narratives identifying promising innovations to help cities tackle this century’s greatest adversities.

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  Bernhardt's California Real Estate Laws, 2015 Edition

  Roger Bernhardt

  A compilation of all significant laws and regulations that affect California real estate and the real estate industry; includes highlights of new legislation and expert commentary prepared by the volume's authors. Also includes an index.

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  Tourism in the Green Economy

  Colin Crawford

  Colin Crawford, Jared Sternberg and Robert C. Cudd, authors of chapter 6: Ecotourism Regulation and the Move to a Green Economy.

  The concept of the green economy has now entered mainstream policy debates and been endorsed by a range of United Nations and other organizations. The Rio+20 UN conference specifically drew attention to the green economy approach in the context of sustainable development to move away from business-as-usual practices, act to end poverty, address environmental destruction and build a bridge to the sustainable future. It is increasingly recognized that the tourism sector can make a major contribution to the green economy through more sustainable practices, climate change mitigation and ecotourism. The role of tourism sector will continue to be crucial in the post-2015 sustainable development agenda too. However, there are ambiguities about how tourism and allied industries can maximize their contribution to human well-being and ensure environmentally sustainability, embracing issues of political economy, geography and business ethics.

  In this context, this book provides consensus about what the green economy entails, what role tourism can play in a green economy, early responses from many countries, on-going and emerging research initiatives that will enable tourism’s transition to a green economy. The chapters address three key themes: understanding the Green Economy concept and the role of tourism; responses and initiatives in greening tourism; and emerging techniques and research implications. A wide range of case studies from around the world and in different contexts is included to demonstrate the extent of the challenge and range of opportunities for the tourism industry.

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  International Perspectives and Empirical Findings on Child Participation

  Benedetta Faedi Duramy and Tali Gal

  The 1989 UN Convention on the Rights of the Child has inspired advocates and policy makers across the globe, injecting children's rights terminology into various public and private arenas. Children's right to participate in decision-making processes affecting their lives is the acme of the Convention and its central contribution to the children's rights discourse. At the same time the participation right presents enormous challenges in its implementation. Laws, regulations and mechanisms addressing children's right to participate in decision-making processes affecting their lives have been established in many jurisdictions across the globe. Yet these worldwide developments have only rarely been accompanied with empirical investigations. The effectiveness of various policies in achieving meaningful participation for children of different ages, cultures and circumstances have remained largely unproven empirically. Therefore, with the growing awareness of the importance of evidence-based policies, it becomes clear that without empirical investigations on the implementation of children's right to participation it is difficult to promote their effective inclusion in decision making.

  This book provides a much-needed, first broad portrayal of how child participation is implemented in practice today. Bringing together 19 chapters written by prominent authors from the United States, Canada, the United Kingdom, Ireland, New Zealand, Australia, and Israel, the book includes descriptions of programs that engage children and youth in decision-making processes, as well as insightful findings regarding what children, their families, and professionals think about these programs. Beyond their contribution to the empirical evidence on ways children engage in decision-making processes, the volume's chapters contribute to the theoretical development of the meaning of "participation," "citizenship," "inclusiveness," and "relational rights" in regards to children and youth. There is no matching to the book's scope both in terms of its breadth of subjects and the diversity of jurisdictions it covers. The book's chapters include experiences of child participation in special education, child protection, juvenile justice, restorative justice, family disputes, research, and policy making.

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  Clinical Legal Education in Asia: Accessing Justice for the Underprivileged

  Helen H. Kang

  Author of chapter: "Clinical Education in South Korean Law Schools."

  This book describes the history, present status and possible future models of clinical legal education (CLE) in 12 Asian countries, with particular focus on the Asian character of CLE as it has evolved in different countries.

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  Comparative Law in Africa: Methodologies and Concepts

  Christian N. Okeke

  Author of Chapter 3: "Methodological Approaches to Comparative Legal Studies in Africa."

  Comparative Law in Africa: Methodologies and Concepts is the outcome of a workshop held in 2012. Its aim is to contextualise comparative legal studies in the African continent, with the ultimate goal of paving the way for the development of a comparative methodology specifically addressed to Africa. The studies presented in this volume offer different views and perspectives around the main theme of how to methodologically approach comparative legal studies in Africa, and how to properly take into consideration all the different layers composing the African legal systems, in order to give them the proper role and the proper place.

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  California and Federal Evidence: Cases and Materials

  Wes R. Porter

  GGU Law Professor Wes Porter is the editor of this casebook, written by John E.B. Myers.

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  Building on Best Practices: Transforming Legal Education in a Changing World

  Stephen A. Rosenbaum

  Co-author of Chapter 5: Implementing Effective Education in Specific Contexts, Section E: Cross-Border Teaching and Collaboration.

  Building on Best Practices is a follow-up to Best Practices for Legal Education, a project of the Clinical Legal Education Association (CLEA), authored primarily by Roy Stuckey. With contributions from more than 50 legal educators, this new volume is not a second edition, but is intended to be used in conjunction with the original volume, as the core content of Best Practices remains just as useful as when it was originally published. In the wake of new ABA Accreditation Standards, the MacCrate Report, and other changes, legal education is called upon today to respond to a broader view of what lawyers must be trained to do. Building on Best Practices identifies ten such areas and provides guidance on what and how to teach them. The demand to teach a broader range of knowledge, skills, and values presents difficult trade-offs, however, that are also considered.

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  Gender and Violence in Haiti: Women’s Path from Victims to Agents

  Benedetta Faedi Duramy

  Women in Haiti are frequent victims of sexual violence and armed assault. Yet an astonishing proportion of these victims also act as perpetrators of violent crime, often as part of armed groups. Award-winning legal scholar Benedetta Faedi Duramy visited Haiti to discover what causes these women to act in such destructive ways and what might be done to stop this tragic cycle of violence.
  
  Gender and Violence in Haiti is the product of more than a year of extensive firsthand observations and interviews with the women who have been caught up in the widespread violence plaguing Haiti. Drawing from the experiences of a diverse group of Haitian women, Faedi Duramy finds that both the victims and perpetrators of violence share a common sense of anger and desperation. Untangling the many factors that cause these women to commit violence, from self-defense to revenge, she identifies concrete measures that can lead them to feel vindicated and protected by their communities.
  
  Faedi Duramy vividly conveys the horrifying conditions pervading Haiti, even before the 2010 earthquake. But Gender and Violence in Haiti also carries a message of hope—and shows what local authorities and international relief agencies can do to help the women of Haiti.

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  The Social History of the American Family: An Encyclopedia

  Benedetta Faedi Duramy

  Author of chapter: Community Property.

  The American family has come a long way from the days of the idealized family portrayed in iconic television shows of the 1950s and 1960s. The four volumes of The Social History of the American Family explore the vital role of the family as the fundamental social unit across the span of American history. Experiences of family life shape so much of an individual’s development and identity, yet the patterns of family structure, family life, and family transition vary across time, space, and socioeconomic contexts. Both the definition of who or what counts as family and representations of the “ideal” family have changed over time to reflect changing mores, changing living standards and lifestyles, and increased levels of social heterogeneity.

  Features:

  • Approximately 600 articles, richly illustrated with historical photographs and color photos in the digital edition, provide historical context for students.
  • A collection of primary source documents demonstrate themes across time.
  • The signed articles, with cross references and Further Readings, are accompanied by a Reader’s Guide, Chronology of American Families, Resource Guide, Glossary, and thorough index.

  
  

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  Comic Art, Creativity And The Law

  Marc H. Greenberg

  The creation of works of comic art, including graphic novels, comic books, cartoons and comic strips, and political cartoons, is affected, and at times limited, by a diverse array of laws, ranging from copyright law to free speech laws. This book examines how this intersection affects the creative process, and proposes approaches that encourage, rather than limit, that process in the comic art genre. Attention to the role comic art occupies in popular culture, and how the law responds to that role, is also analyzed.

  The book examines the impact contract law, copyright law (including termination rights, parody, and ownership of characters), tax law and obscenity law has on the creative process. It considers how these laws enhance and constrain the process of creating comic art by examining the effect their often inconsistent and incoherent application has had on the lives of creators, retailers and readers of comic art. It uniquely explains the disparate results in two key comic book parody cases, the Winter Brothers case and the Air Pirates case and offers an explanation for the seemingly inconsistent results in those cases. Finally, it offers a detailed discussion and analysis of the history and operation of the “work-for-hire” doctrine in copyright law and its affect on comic art creators.
  
  Designed for academics, practitioners, students and fans of comic art, the book offers proposals for changes in those laws that constrain the creative process, and a glimpse into the future of comic art and the law.

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  Expert Witnesses: Criminal Cases

  Wes R. Porter

  Expert Witnesses: Criminal Cases discusses the strategy and best practices of working with expert witnesses in the unique context of criminal litigation, including how and in what ways expert testimony in criminal trials is unique and why involving an expert in a criminal case should be carefully considered.

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  White Collar Crime: RICO, 2014-15 ed.

  Wes R. Porter and H. Brown

  Here is a one-volume treatise that provides defense practitioners with strategies for representing clients in federal racketeering cases. The publication presents a history of the development of the RICO statute and an explanation of its basic elements: criminal enterprise, predicate offenses, pattern of racketeering activity. In addition, the authors discuss RICO conspiracy charges and other offenses under RICO, and guide the practitioner through the various phases of a RICO case, from investigation to appeal. This treatise is authored by former U.S. Attorneys with significant experience in both criminal prosecution and defense contexts. The authors provide practical advice and strategies for all aspects of the case and guidance to avoid the most common pitfalls.

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  California Environmental Law and Land Use Practice

  Clifford Rechtschaffen

  Author of Chapter 54: Enforcement of Hazardous Waste Management Requirements.

  California Environmental Law and Land Use Practice is an essential tool in keeping up with the constant changes in science, technology and energy regulations forming California public policy. Updated twice a year, this invaluable collection brings together expert, highly focused analysis on all major areas of California environmental and land use law including the most recent legislation, regulations, and case law. The emerging issue of climate change is also covered.

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  Internal Flexibility and Innovation in the Workplace

  Marci Seville

  Author of Chapter: Innovación en el trabajo y futuro de los sindicatos en Estados Unidos (Innovation in the Workplace and the Future of Unions in the Untied States).

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  Cultural Sociology of Divorce: An Encyclopedia

  Benedetta Faedi Duramy

  Author of chapter: Property Distribution.

  While the formal definition of divorce may be concise and straightforward (legal termination of a marital union, dissolving bonds of matrimony between parties), the effects are anything but, particularly when children are involved. The Americans for Divorce Reform estimates that “40 or possibly even 50 percent of marriages will end in divorce if current trends continue.” Outside the U.S., divorce rates have markedly increased across developed countries. Divorce and its effects are a significant social factor in our culture and others. It might be said that a whole “divorce industry” has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII’s divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland legalized divorce only in the latter quarter of the 20th century. This multi-disciplinary encyclopedia covers curricular subjects related to divorce as examined by disciplines ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion, all through a lens of cultural sociology.

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  Untold Stories: The Hidden Histories of War Crimes Trials

  Benedetta Faedi Duramy

  Author of chapter: Making Peace with the Past: Federal Republic of Germany's Accountability for World War II Massacres Before the Italian Supreme Court.

  Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides an essential resource for a more comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognising institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognises international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And - perhaps most important of all - how can recovering the lost stories and imagining new narrative forms reconfigure the discipline?
  
  Many of the trials examined in this book have hardly ever before been discussed; others have been examined only in the most cursory manner. Indeed, until now, no volume has been dedicated to telling the story of these trials, that have yet to find a place in the international criminal law canon. Providing a detailed analysis of these trials, which took place in Europe, Africa, South America, and Australasia, in both historical and contemporary contexts, this book is essential reading for anyone concerned with the development of international criminal law.

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  Democracy in Bangladesh

  Zakia Afrin

  Author of chapter: The Chittagong Hill Tracts Peace Accord: Autonomy and Related Issues.

  This Volume is based on selected papers from two conferences on Bangladesh at Harvard University in 2008 and 2009. It covers a variety of challenging topics, ranging from linkages between democracy and security to effects of a given electoral system on political stability, micro- national autonomy for sub-regional peace, terrorism and its counter-forces. It also covers the role of NGOs in development and social change, intra-regional cooperation in conflict mitigation, and refugee related violence in South Asia. A common theme that runs through the eight chapters of this volume is the felt need for multidimensional interactions in the continuous search for a common ground on which negotiations could take place for the resolutions of issues, problems and conflicts at different socio-political and economic levels.

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  Bernhardt and Burkhart's Black Letter Outline on Property, 6th

  Roger Bernhardt and Ann M. Burkhart

  Black Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. Black Letter Outlines can be used both as a study aid when preparing for classes and as a review of the subject matter when studying for an examination. Each Black Letter Outline is written by experienced law school professors who are recognized national authorities in their subject area.

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  Berkshire Encyclopedia of Sustainability Vol. 1-10: Knowledge to Transform Our Common Future

  Colin Crawford

  Author of entries on New Orleans, United States and Rio de Janeiro, and Brazil in vol. 8: The Americas and Oceania: Assessing Sustainability.

  In the 10-volume Berkshire Encyclopedia of Sustainability, experts around the world provide authoritative coverage of the growing body of knowledge about ways to restore the planet. Focused on solutions, this interdisciplinary print and online publication draws from the natural, physical, and social sciences - geophysics, engineering, and resource management, to name a few - and from philosophy and religion. The result is a unified, organized, and peer-reviewed resource on sustainability that connects academic research to real world challenges and provides a balanced, trustworthy perspective on global environmental challenges in the 21st century.

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  Greening Local Government: Legal Strategies for Promoting Sustainability, Efficiency, and Fiscal Savings

  Colin Crawford and Brandon David Sousa

  Co-Author of Chapter 20: Greening New Orleans City Government after Katrina.

  This volume is a compilation of essays and research related to the rapidly changing dynamics of emerging government-focused sustainability efforts at the state and local levels. Specifically, the book explores the level of experimentation taking place by governments in their quest to become more "green." The book is organized into three main issue areas: greening of governmental operations; using land use planning and community development tools to create greener communities; and litigation issues surrounding the green movement. There are countless approaches and creative strategies that can achieve sustainability goals and at the same time, make government more efficient, less costly and more transparent. This book is designed to introduce government lawyers to opportunities and benefits when lawmakers and policymakers rethink "business as usual" in the name of sustainability and "greener" governments. Each chapter identifies the legal tools that can be used to accomplish these goals in a given topic area, and each chapter identifies legal issues for consideration by government lawyers to best accommodate new approaches and to incorporate the use of emerging technological innovations.

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  Conflict-Related Sexual Violence: International Law, Local Responses

  Benedetta Faedi Duramy

  Author of chapter: Gender-based Violence, Help Seeking and Criminal Justice Recourse in Haiti.

  The authors of this groundbreaking book explore the gap between policy and practice in international responses to conflict-related sexual violence. Drawing on their research in Africa, Asia, the Caribbean, Europe, and Latin America, they offer fresh perspectives on, and practical approaches to, achieving justice for women who have survived wartime sexual assault.

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  Cases and Problems in Criminal Law, Sixth Edition

  Myron Moskovitz

  A client comes to a lawyer with a difficult legal problem, involving a complex set of facts. The lawyer then researches the legal issues, finding a cluster of cases and statutes - almost all from the jurisdiction in which the problem arises. In order to advise the client (and, if necessary, to litigate the case), the lawyer must analyze, distinguish, reconcile, and interrelate the authorities in the cluster, seeing them as a group indicating the direction of that state's law, as well as seeing them separately. Cases and Problems in Criminal Law contains the caselaw that law students have to know and helps professors to recreate that experience so their students can learn how to handle it.

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  Reforming Legal Education: Law Schools at the Crossroads

  Rachel A. Van Cleave

  Author of chapter 6: Promoting Experiential Learning at Golden Gate University School of Law.

  
  In today’s volatile law school environment, curriculum reform has emerged as a significant focus. It is commonly understood that law schools effectively teach certain analytical skills, but are less successful in other areas, and often scramble to adapt to evolving aims. This book demonstrates how law schools are successfully reforming their curriculum - and lays the framework to show how all schools of law can engage in a continuous reform model that proactively shapes our profession.
  
  It is expected that faculty and professional staff engaged in legal education will utilize this book as a primary resource to guide their respective reform efforts. Each contributed chapter presents a case study of a data-driven curriculum reform effort. The initial chapters set the conceptual context for the book, while the final chapter offers summative recommendations for considering legal education reform as derived from the earlier case study chapters. This book adds significantly to the literature in legal education, as we gain first hand insight into evidence based reform for the legal education community.