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FEATURED BOOK

Polar Oceans Gov.jpgPolar Oceans Governance In an Era of Environmental Change Polar Oceans Governance is a 354 page text edited by Tim Stephens of the University of Syndey and David L. VanderZwaag of Dalhousie University. This book examines changing governance schemes in the polar oceans. The work is divided into five parts: 1) environmental change; 2) geostrategic dynamics; 3) resources, environment, sovreignty and jurisdiction-bipolar perspectives; 4) developing national and foreign policy responses; and 5) the future of polar oceans governance. Footnotes are included in each chapter and an Index is provided for ease of use.

NEW LIBRARY ACQUISITIONS

ARCTIC/ANTARCTIC:

Ice and water : politics, peoples, and the Arctic Council / John English ; general editors Margaret MacMillan and Robert Bothwell

Polar oceans governance in an era of environmental change / edited by Tim Stephens, Faculty of law, University of Sydney, Australia; David L. VanderZwaag, Marine and Environmental Law Institute, Schulich School of Law, Dalhousie University, Canada

ANIMAL LAW.

Animal cruelty and freedom of speech : when worlds collide / Abigail Perdue and Randall Lockwood

CLIMATE CHANGE.

Governing the climate : new approaches to rationality, power and politics / edited by Johannes Stripple, Lund University; Harriet Bulkeley, Durham University

The fragmentation of global climate governance : consequences and management of regime interactions / Harro van Asselt, Stockholm Environment Institute (SEI)

Justice for future generations : climate change and international law / Peter Lawrence, Senior Lecturer, Faculty of Law, University of Tasmania, Australia

ECOTOURISM.

Romancing the wild : cultural dimensions of ecotourism / Robert Fletcher

ENERGY.

Traveling the power line : from the Mojave Desert to the Bay of Fundy / Julianne Couch

ENVIRONMENTAL CRIME.

Exploring green criminology : toward a green criminological revolution / Michael J. Lynch, Paul B. Stretesky

FOOD LAW.

Balancing on a planet : the future of food and agriculture / David A. Cleveland

GOVERNANCE.

Improving global environmental governance : best practices for architecture and agency / [edited by] Norichika Kanie, Steinar Andresen, Peter M. Haas

INTERNATIONAL.

Courts, codes, and custom : legal tradition and state policy toward international human rights and environmental law / Dana Zartner

STUDY AIDS.

Environmental law / Steven Ferrey, Professor of Law, Suffolk University Law School

UNITED STATES.

A window on eternity : a biologist’s walk through Gorongosa National Park / Edward O. Wilson ; photographs by Piotr Naskrecki

WATER & WATER RESOURCES.

Water law and cooperation in the Euphrates-Tigris region : a comparative and interdisciplinary approach / edited by Aysegül Kibaroglu, Adele J. Kirschner, Sigrid Mehring, Rüdiger Wolfrum

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FEATURED BOOK

FukushimaFukushima: The Story of a Nuclear Disaster Fukushima is a 309 page text authored by David Lochbaum, Edwin Lyman, Susan Q. Stranahan and the Union of Concerned Scientists. This book discusses the nuclear accident that occurred at the Fukushima Daiichi nuclear power plant in Japan in March of 2011. The text focuses on the political and scientific background of the incident as well as the far reaching policy implications that the disaster has had all over the world.  Notes and References and an Index are available for ease of use.

NEW LIBRARY ACQUISITIONS

AIR QUALITY.

Urban air quality in Europe / volume editor, Mar Viana ; with contributions by F. Amato [and forty-two others]

New trends in emission control in the European Union / Jerzy Merkisz, Jacek Pielecha, Stanislaw Radzimirski

ALTERNATIVE ENERGY:

Bioenergy from wood : sustainable production in the tropics / Thomas Seifert, editor

ANIMAL LAW.

Animal cruelty : a multidisciplinary approach to understanding / edited by Mary P. Brewster, Cassandra L. Reyes

Animal law in Australasia : continuing the dialogue / editors, Peter Sankoff, Steven White, Celeste Black

CLIMATE CHANGE.

The politics of climate change negotiations : strategies and variables in prolonged international negotiations / Christian Downie (Regulatory Institutions Network, the Australian National University)

Adaptation to climate change in Asia / edited by Sushil Vachani and Jawed Usmani

DISASTER LAW.

Fukushima : the story of a nuclear disaster / David Lochbaum, Edwin Lyman, Susan Q. Stranahan, and The Union of Concerned Scientists

Asia-Pacific disaster management : comparative and socio-legal perspectives / Simon Butt, Hitoshi Nasu, Luke Nottage, editors

Gender, development and disasters / Sarah Bradshaw

ECOLOGY.

Contested ecologies : dialogues in the south on nature and knowledge / edited by Lesley Green

Reclaiming American cities : the struggle for people, place, and nature since 1900 / Rutherford H. Platt

EDUCATION.

Education and the environment : creating standards-based programs in schools and districts / Gerald A. Lieberman

FOOD LAW.

Food consumption in China : the revolution continues / Zhang-Yue Zhou, Hongbo Liu and Lijuan Cao

FORESTS.

Challenges and opportunities for the world’s forests in the 21st century / Trevor Fenning, editor

FOREIGN LAW.

Forests of Iran : a treasure from the past, a hope for the future / Khosro Sagheb Talebi, Toktam Sajedi, Mehdi Pourhashemi

Our National River Ganga : lifeline of millions / Rashmi Sanghi, editor

GENETIC RESOURCES.

Global governance of genetic resources : access and benefit sharing after the Nagoya Protocol / edited by Sebastian Oberthür and G. Kristin Rosendal

GREENHOUSE GAS EMISSIONS.

Carbon pricing : early experience and future prospects / edited by John Quiggin, the University of Queensland, Australia, David Adamson, the University of Queensland, Australia, Daniel Quiggin, Georgia State University, USA

LEGAL HISTORY.

A legislative history of the Solid Waste Disposal Act, as amended together with a section-by-section index / prepared by the Environmental Policy Division of the Congressional Research Service of the Library of Congress for the Committee on Public Works, U.S. Senate

OCEAN LAW.

Marine policy : an introduction to governance and international law of the oceans / Mark Zacharias

POLLUTION.

Paying the polluter : environmentally harmful subsidies and their reform / edited by Frans H. Oosterhuis and Patrick ten Brink

PROPERTY LAW.

Property law and social morality / Peter M. Gerhart, Case Western Reserve University School of Law

SUSTAINABLE DEVELOPMENT.

Sustainable urban water environment : climate, pollution and adaptation / Ashantha Goonetilleke, Tan Yigitcanlar, Godwin A. Ayoko and Prasanna Egodawatta

Healthy cities : public health through urban planning / Chinmoy Sarkar, Chris Webster, and John Gallacher

WATER & WATER RESOURCES.

The right(s) to water : the multi-level governance of a unique human right / Pierre Thielbörger

Securing water and wastewater systems : global experiences / Robert M. Clark, Simon Hakim, editors

UNITED STATES.

GREAT LAKES.

The once and future Great Lakes country : an ecological history / John L. Riley

TEXAS.

Environmental sustainability issues in the South Texas-Mexico border region / David Ramirez, Jianhong Ren, Kim D. Jones, Harriet Lamm, editors

 

A recent decision by Southern District Magistrate Judge Gabriel Gorenstein analogizes emails accounts to computer hard drives, permitting seizure of an entire email account by a law enforcement agency with a warrant in a money-laundering investigation.

Judge Gorenstein’s decision is at odds with decisions by federal district courts in D.C. (In the Matter of the Search of Information Associated With [redacted]@mac.com that Is Stored at Premises Controlled by Apple, 2014 WL 1377793 (D.D.C. April 7, 2014)) and Kansas (In the Matter of Applications for Search Warrants for Information Associated with Target Email Accounts/Skype Accounts, 2013 WL 4647554 (D. Kan. Aug. 27, 2013).) In both cases, the courts found the warrants overbroad. In the D.C. case, the judge declined to issue a warrant for seizure of the entire email account on probable cause grounds. In the Kansas case, the court refused to issue the warrant because it was too broad and did not limit the seizure to email specific to the crimes charged.

Judge Gorenstein said

The need to permit the Government to examine electronic materials off-site rather than require it to conduct an on-site search is most obviously demonstrated in the case of a search of a computer hard disk drive (“hard drive”), which is the part of a computer that actually stores files and documents. In the context of suppression motions, courts have routinely upheld the seizure or copying of hard drives and other storage devices in order to effectuate a proper search for the categories of documents or files listed in a warrant.

We perceive no constitutionally significant difference between the searches of hard drives just discussed and searches of email accounts. Indeed, in many cases, the data in an email account will be less expansive than the information that is typically contained on a hard drive. Therefore, we believe the case law we have cited concerning searches of hard drives and other storage media supports the Government’s ability to access an entire email account in order to conduct a search for emails within the limited categories contained in the warrant.

The case is In the Matter of a Warrant for All Content and Other Information Associated With the Email Account xxxxxxx@Gmail.com Maintained at Premises Controlled by Google, 14 Mag. 309, S.D.N.Y. July 18, 2014.

Additional reading:

Pace Law School hosted the Annual First Year Louis V. Fasulo Moot Court Competition for the January Start Class on July 9th and 10th, 2014. About 40 lawyers and judges participated as judges for the competition. The students were well prepared and the heat of the evening matched the heat of the competition courtrooms. The arguments were well reasoned, enthusiastically presented and persuasively delivered.

The students argued the merits of a criminal case People v. Gorman, authored by Prof. Peter Widulski, involving two issues: 1) sufficiency of evidence supporting jury charge of extreme emotional disturbance in a second degree murder trial and 2) sufficiency of judge’s instruction to cure alleged prejudice caused by the prosecutor’s inappropriate comments during her closing statement. Professors Tamar Gribetz, Lucie Olejnikova, Gail Whittemore and Peter Widulski guided the students and prepared them for their presentations. A great panel of experienced judges and attorneys peppered our students with a series of challenging questions and many of our alumni provided great insight to our 1Ls.

The camaraderie and the intensity of the students made it a stimulating competition. After Wednesday preliminary rounds, the top 16 students competed on Thursday in the quest for top oralist. Our congratulations go to top 16: Washington Alvarez, Christine Aziz, Michael Calabrese, John Carriel, Annettte Gershovich, Sophia Gregg, Perri Hom, Elen Krut, Timothy Martin, Margaret Obligin, Amy O’Donohue, Christina Romano, Westri Stalder. Garvey Turnier, Minika Udoko, and Charisma Wright.

After a competitive round of top 16, the following students moved on to the top 8: Michael Calabrese, John Carriel, Perri Hom, Margaret Obligin, Amy O’Donohue, Christina Romano, Garvey Turnier, and Charisma Wright. The top 8 students argued passionately and made it a difficult job for the judges to pick the four finalists.

imageNevertheless, the final four, John Carriel, Perri Hom, Christina Romano, and Charisma Wright made it and did a fabulous job giving the spectators an exciting final round. At the end, Charisma Wright took home the crown of Best Advocate and Christina Romano followed closely in a second place.

Special Thanks go to Loretta Musial, Professor Louis Fasulo, the 1L Legal Skills Writing and Research faculty for coming to support the students, Dean Yassky, Chartwell Food Services, the Moot Court Board including Catherine Peña, Kiersten Schramek, Arthur Muller, CJ Croll and our wonderful and committed volunteer judges.

Congratulations to Charisma Wright and Christina Romano on this great achievement!

The top 16 students are invited to take Advanced Appellate Advocacy (AAA) class in the Fall and should register as soon as possible. Students who did not advance but still have a strong interest in taking AAA class, may petition Professor Fasulo via email [lfasulo@law.pace.edu].

Detail from the 1215 King John Magna Carta of Lincoln Cathedral

Detail from the 1215 King John Magna Carta of Lincoln CathedralFor those interested in legal history, the Library of Congress will exhibit one of only four surviving copies of Magna Carta, the great charter of rights and liberties, from Nov. 6, 2014, through Jan. 19, 2015. The exhibition celebrates the 800th anniversary of Magna Carta, and tells the story of the charter’s creation in England, reinterpretation through the centuries, and emergence as an enduring document of constitutional law in the United States. The 1215 Magna Carta is on loan from Lincoln Cathedral in England. The document is traveling first to two locations in Massachusetts from July 2 through Nov. 2, 2014. Its final stop in America will be the Library of Congress. The Library’s 10-week exhibition features medieval manuscripts, published works, prints, photographs, maps, posters and annotated draft opinions by justices of the U.S. Supreme Court.

The exhibition shows how the interpretation of Magna Carta through the centuries led to the constitutional guarantees of individual liberty brought forth by the Founding Fathers of the United States. It describes how a number of the most basic principles of the U.S. Constitution—consent of the governed, the right to a trial by jury, the right to due process of law, freedom from unlawful imprisonment, and limited government under the law—can be traced to Magna Carta. Many of those rights are still being litigated in U.S. courts today.

The narrative of the presentation starts with the creation of Magna Carta (“Great Charter”), which was sealed in 1215 in a grassy meadow at Runnymede, by the Thames, when English barons coerced King John into granting them a number of rights and liberties. It covers the contents and purpose of Magna Carta, and the great charter’s re-issue by subsequent English kings and Parliament. The exhibition focuses on Magna Carta’s rediscovery by English jurists of the 17th Century, especially Sir Edward Coke, who made Magna Carta into the fundamental source of constitutional guarantees of individual liberties; Magna Carta’s adoption and interpretation in Colonial America; and its influence on the creation of the Constitution. The relevance of Magna Carta is shown by tracing four important areas of constitutional jurisprudence from their medieval origins through present-day litigation in the U.S. Supreme Court. A small section of the exhibit will highlight the interpretation of Magna Carta in art, music, drama and cultural commemorations.

dcThe most recent article, by John R. Nolon and Jessica A. Bacher, is the 1000th paper added to the Faculty Publications collection in the Pace Digital Commons. Their article, Mitigating the Adverse Impacts of Hydraulic Fracturing: A Role for Local Zoning?, is scheduled to be published in the fall in Zoning and Planning Law Report.

The Pace Law School collections comprise 70% of Pace University’s Digital Commons, and account for 74% of the article downloads. The Digital Commons is hosted by bepress, and the papers therein are included in the open-access repositories Law Commons and the Law Review Commons.

The Faculty Publications collection was the first to go up in 2006. It includes law review and journal articles authored by Pace Law full-time and part-time faculty. As of July 8, there are 1,000 articles that have been downloaded over 790,000 times. It includes important scholarly work by our distinguished faculty, including Jay Carlisle, Bridget Crawford, Bennett Gershman, and John Nolon.

Our law reviews comprise a large part of the Law School collections. We began to build the law review collections in 2010, and currently they hold over 2,000 papers, with over 1 million downloads.

We have two additional collections:

Dissertations and Theses include papers authored by our LL.M. and SJD students as a requirement of their degrees. Student Publications includes papers submitted by Pace Law students, including notes and comments written for our law reviews.

Our Digital Commons collections are all open access, and included in Google Scholar. We are planning a new collection of New York historical documents, and hope to have it available sometime in 2015.

Below please find a list of select environmental reports published in June 2014.

Congressional Research Service Reports

Food & Agriculture Organization of the United Nations

International Energy Agency

National Academies Press

Organisation for Economic Co-operation & Development (OECD)

United Nations Environment Program (UNEP)
Reports

  • South-South trade in renewable energy: a trade flow analysis of selected environmental goods (2014)
  • Valuing plastic: the business case for measuring, managing and disclosing plastic use in the consumer goods industry (2014)
  • UNEP Programme Performance Report, 2013
  • The environmental crime crisis: threats to sustainable development from illegal exploitation and trade in wildlife and forest resources (2014)
  • Our Planet: The First United Nations Environment Assembly (2014)
  • Emerging Issues for Small Island Developing States (2014)

United States Geological Survey (USGS)

United States Government Accountability Office (GAO)

World Bank

World Resources Institute

The New York Court of Appeals struck down the NYC ban on the sale of large sugary drinks, upholding the Appellate Division decision. The Court based its decision on separation of powers, stating that

We hold that the New York City Board of Health, in adopting the “Sugary Drinks Portion Cap Rule”, exceeded the scope of its regulatory authority. By choosing among competing policy goals, without any legislative delegation or guidance, the Board engaged in law-making and thus infringed upon the legislative jurisdiction of the City Council of New York.

This rule was proposed by former Mayor Michael Bloomberg, and adopted by the NYC Board of Health in 2012. It proposed to amend Article 81 of the NYC Health Code to state that “[s]ugary drinks may not be sold or provided in cups or containers that can contain more than 16 fluid ounces,” and established a fine of $200 for each time the rule was violated by a food service establishment.

This rule was part of the effort by the NYC Obesity Task Force to combat obesity. The Court of Appeals suggested other ways the task force could accomplish its goals, including “instruction (i.e. health warnings on large containers or near vending machines) to outright prohibition.”

The case is N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. N.Y.C. Dep’t of Health & Mental Hygiene, No. 134, 2014 NY Slip Op 04804 (June 26, 2014).

Additional reading:

Researching Human Trafficking? There are two great case law databases publicly available online.

Human Trafficking Law Project (HTLP) Database, launched in February 2011 by the Human Trafficking Clinic at Michigan Law School, is a publicly available database of human trafficking cases within the United States. The database is fully searchable even though it does not employ Boolean search capability. As such, searches using AND, OR, and NOT will not work. But, the retrieved results can be effectively filtered by either a case name, year of verdict, type of court, type of case, or when it was last modified. To help users sift through the retrieved results, the database editors assign case categorization for each verdict (i.e. military contractor, domestic servant, commercial sexual exploitation, prostitution, pornography, etc.) identifying major issues of each case. Additional tips on how to use the HTLP database are posted online.

UNODC Human Trafficking Case Law Database, created and maintained by the United Nations Office on Drugs and Crime, offers almost 1,000 case briefs from 80 different countries and two supranational courts. Case law can be browsed by either a country or by keywords, or case law can be searched. Countries are listed in alphabetical order and can be filtered by the name of the country. Keywords are divided into six major categories: acts, means, purpose of exploitation, international cooperation, form of trafficking, and sector in which exploitation takes place. When searching case law, retrieved results can be further filtered by: country, decision/verdict date, sentenced date, victim’s nationality, victim’s gender (including the child category), defendant’s nationality, defendant’s gender, verdict, appellate decision, court, legal system, latest court ruling, type of court/tribunal, and keyword. Users may subscribe via RSS feed and be informed every time a new case brief is added to the database. Visit the FAQ section for more information about the database.

Related Readings:

Three Florida lawyers have been accused of setting up opposing counsel for a DUI arrest. In a story that reads like a script for some variation of Law and Order:

The simmering legal scandal centers on a bitter defamation trial between warring radio shock jocks Todd Schnitt and Bubba the Love Sponge Clem.

In January 2013 after a day in court, attorney C. Philip Campbell, who represented Schnitt, sat in an upscale steakhouse bar downtown. A young paralegal from the Adams & Diaco firm [representing Clem] took the stool next to him, lied about where she worked, flirted and drank with him, according to witnesses. Campbell was later arrested for DUI while driving her in her car.

Then came the revelation of multiple cellphone calls and texts that flew that night between the paralegal in the bar, her bosses and a Tampa police DUI sergeant outside Malio’s Prime Steakhouse.

Read the entire sordid story: Florida Bar Files Complaints Against Lawyers in Tampa DUI Scandal, Tampa Bay Times, June 4, 2014.

In April, the ABA issued Formal Opinion 466, stating that it is acceptable for lawyers to look at a juror’s social media profile, but not acceptable to contact a juror via social media. This includes friending via Facebook and sending Twitter or LinkedIn requests to jurors who restrict access to their accounts. A lawyer must notify the court if, while viewing a juror’s publicly available social media information, she learns that the juror is engaging in conduct that appears to be “criminal or fraudulent, including conduct that is criminally contemptuous of court instructions.”

Mark A. Berman, Ignatius A. Grande and Ronald J. Hedges, writing for the New York Law Journal, are critical of the ABA opinion, believing that it does not go far enough in protecting jurors.

We suggest that the ABA opinion does not appropriately protect jurors and insulate them from outside influences such as contact by counsel. We believe that the appropriate way to proceed when seeking to investigate jurors is set forth in the “Social Media Ethics Guidelines” issued on March 18, 2014 by the Commercial and Federal Litigation Section of the New York State Bar Association. Guideline 5.B provides that: “[a] lawyer may view the social media … of a prospective juror or sitting juror provided that there is no communication (whether initiated by the lawyer, agent or automatically generated by the social media network) with the juror.”

Additional reading:

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