UW Law professors have written or edited many books on a wide range of topics. This section of UW Law Digital Commons describes these works and, when possible, provides copies.
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The Evolution of Natural Resources Law and Policy (Lawrence J. MacDonnell & Sarah F. Bates eds.)
Lawrence J. MacDonnell and Sarah F. Bates
Natural resources law has emerged over the last 60 years as a dynamic and challenging field of practice, with a rich and colorful history that reaches back to the beginning of the United States. Globalization, corporate dominance, and shifts in resource management may seem like the latest topics, but as this book points out, they are nothing new. The North American continent was "discovered" by Europeans during an era of expanding global trade, and quasi-public actors such as the Massachusetts Bay Company and Hudson's Bay Company, as well as private concerns such as the railroads, played huge roles over the centuries.
The contributors to The Evolution of Natural Resources Law and Policy do more than take a look at the past, however: they chart the course of the future as well. Throughout the book shows how the role of the federal government continues to be a complex one, as markets and private actors become more visible participants in the current policy arena. The first part -- Reflections on Natural Resources Law and Policy -- comprises foundational analyses of the law. The first chapter begins with an historical tour through federal land policy and offers three different perspectives: an "incremental vision" that forecasts the future evolving slowly from past policy; an optimistic view that a change in property rights law will restore the primacy of public rights in public lands; and a less positive scenario where climate change limits the ability of resource-based institutions to cope with future challenges. Other chapters deal with
- Ethical questions involved with climate change and sustainability
- The limitations of classical cost-benefit analysis applied to natural resources law
- The continuing importance of tort and property law to the field of natural resources
- Property rights in natural resources law, which are traditionally either too clear or too vague
- The myriad problems that arise under the U.S. Constitution in natural resources law
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Armed Groups and the Law
Craig H. Allen
In the tumultuous opening decade of the twenty-first century, the debate over which legal regime should be applied to armed groups leaped from its historical position in the pages of military manuals and academic journals to the front pages of leading newspapers and cable news services. As the violence by armed groups metastasizes and takes on new and ever-more-virulent forms, the legal system and its practitioners have struggled to keep up. There is every reason to believe that the United States is approaching a tipping point on the matter, and will soon be compelled to give the legal regime as much attention as has been given to strategies and policies for responding to the threats.
National security and defense strategists have long referred to the “spectrum of conflict,” which stretches from low-level crime or civil disturbances in an otherwise “peaceful” situation at one end to unrestricted war between states at the other. Bookstores and leading journals are increasingly filled with dark and disturbing assessments documenting the emergence of a “new generation” of warfare operating in the middle of the spectrum—one characterized by strategies and tactics that blur the distinction between combatants and civilians, and that are often deployed in densely populated urban centers where avoiding collateral injury or damage to civilians and civilian objects is particularly difficult, and one that has now spread throughout what has been labeled the “arc of instability,” with deadly forays into New York, Bali, Madrid, and London. The proponents and perpetrators of this new generation of warfare, which some believe now represents the dominant warfare paradigm, and which might soon be utterly transformed by the addition of weapons of mass destruction, pose a daunting challenge to our existing legal regime.
We find ourselves with a legal regime for large-scale violence that is seen by some as binary and yet, ironically, complete. On the one hand, we have a “warfare” paradigm for formal belligerencies and insurgencies, while on the other we rely on a law enforcement paradigm for violence at the low-level end of the spectrum of important consequences for issues regarding the use of force against members of armed groups, as well as their capture, detention, interrogation, and punishment. The warfare paradigm is principally grounded in the Hague Rules, the Four Geneva Conventions, and a body of customary international law, while the law enforcement paradigm is set out in a complex web of international conventions, bilateral treaties, and national laws. The warfare paradigm distinguishes between combatants and civilians; prescribes penalties for “war crimes,” while otherwise immunizing lawful combatants for killing the enemy; and includes provisions for detention of enemy combatants and even civilians. The law enforcement paradigm consists of a broad set of criminal proscriptions, together with a body of international and national laws governing the extraterritorial application of national law, extradition, the rights of the accused, trial procedures, and, more recently, the relationship between national and international courts.
This chapter seeks to provide the reader with an introduction to the legal principles applicable to armed groups, with the more specific aim of providing the reader with the necessary background to evaluate three issues. The first is the extent to which members of armed groups may be targeted—that is, whether they can be killed by members of the armed forces of a state without benefit of prior due process of law. The second issue concerns the long-term detention of members of armed groups and the legal standards applicable to their capture, classification, interrogation, treatment, and release. The final issue focuses on the criminal liability of members of armed groups, either under the law of war or the ordinary international and national criminal laws typically applied in peacetime.conflict. The choice has
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The International Supply Chain Security Regime and the Role of Competent International Organizations
Craig H. Allen
Prepared for the 31st Annual Conference held May 24-26, 2007 in Heidelberg, Germany. Sponsors include the Center for Oceans Law and Policy, University of Virginia School of Law; the Marine Law and Ocean Policy Center, National University of Ireland, Galway; and the Max Planck Institute for Comparative Public Law and International Law.
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American Indian Law: Cases and Commentary
Robert T. Anderson, Bethany Berger, Philip P. Frickey, and Sarah Krakoff
(American Casebook Series)
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Antitrust Law: Policy and Practice (4th ed.)
C. Paul Rogers III, Stephen Calkins, Mark R. Patterson, and William R. Andersen
This book explores in detail those legal issues that arise in counseling, planning, and litigating under the antitrust laws. It is designed to integrate theory and policy issues with doctrine and practice so that students will emerge with a fundamental grasp of antitrust doctrine, at least an introduction to the vagaries of antitrust practice, and a sensitivity to policy issues undergirding the application and enforcement of the antitrust laws. This fourth edition provides close coverage of the application of antitrust doctrine to cutting-edge technologies, the Internet, and to rapidly shifting markets.
Antitrust Law: Policy and Practice is unique in a number of ways:
- The materials are designed to keep the business context of the problems in the forefront in order to give theory and doctrine a more solid footing in practical affairs.
- The lawyer's role as counselor and planner is emphasized throughout.
- The business context emphasis is paralleled by another practical emphasis on enforcement and procedure.
- Several notes, questions, and problems touch on important ethical issues.
- The authors include a wide variety of problems, designed to satisfy a wide range of teaching objectives and styles, and a wide range of student interests. Some are short and intended to be addressed in passing or by brief explanation. Some are longer, intended to occupy a full class hour or more. Some are in serial form, with the reader getting additional data as more doctrine is assimilated. And some are review problems that students may find useful to discuss among themselves.
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Maritime Counterproliferation Operations and the Rule of Law
Craig H. Allen
Professor Craig Allen examines the maritime counterproliferation activities of nations participating in the Proliferation Security Initiative, as set out in their Statement of Interdiction Principles. He explains the framework for conducting maritime interception activities, examines the importance of intelligence to PSI operations, and assesses the legal issues raised by those operations.
The threat of WMD use by terrorist groups and rogue regimes has added new urgency to global security discussions. Responses to the dangers posed by WMD include the nonproliferation regime, safeguards for WMD materials while in transit, export controls, treaties on terrorism, Security Council resolutions, and the new Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. The existing nonproliferation regime will never, by itself, provide an adequate level of security. As a result, risk management strategies must include layered counterproliferation activities and consequence management. Counterproliferation measures may include maritime interdictions. The Proliferation Security Initiative, a cooperative undertaking launched in 2003, provides a framework for those interdictions. The framework was formalized in the Statement of Interdiction Principles.
After providing an overview of the threats posed by WMD proliferation, this book surveys the nonproliferation regime and counterproliferation measures states have adopted to supplement it. It next provides an overview of maritime interception operations and the intelligence issues surrounding them, before turning to the laws governing such operations. It then examines each of the actions described in the PSI Statement of Interdiction Principles to assess their compliance with applicable laws. Finally, it looks at the laws that establish the responsibility of states for taking unwarranted counterproliferation actions against vessels.
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Legal Interoperability Issues in International Cooperation Measures to Secure the Maritime Commons
Craig Allen
Contains papers submitted at a workshop sponsored by the William B. Ruger Chair of National Security Economics, Newport, Rhode Island 6-8 November, 2006.
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Farwell's Rules of the Nautical Road (8th ed.)
Craig H. Allen
Professional mariners, military and civilian, will find this book to be an invaluable reference in understanding the rules of the road and the role these rules play in managing the risk of collision. The author provides a thorough commentary on the rules and an analysis of collision cases involving abuse of the rules. Maritime attorneys and judges will find the book continues to be an indispensable reference on collision law as Craig Allen provides a mariner's insight into how the rules apply in context and their application by the courts and administrative tribunals.
This new edition completely revises chapters on the rules pertaining to good seamanship and special circumstances and on restricted visibility, and it vastly expands coverage of the narrow channel rule, traffic separation schemes, and the application of the rules to high-speed craft. It also extensively revises materials on the look out and risk of collision responsibilities to update coverage on radar and ARPA and to address new technologies, such as integrated bridge systems, automatic identification systems, voyage data recorders and the increasingly active role of VTS. The first update in ten years, the eighth edition upholds and even surpasses the standards set over the past sixty years of the guide's publication.
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The Law of Electronic Commerce, Fourth Edition
Jane K. Winn and Benjamin Wright
This cutting edge legal resource provides practice pointers and in-depth, up-to-the-minute analysis of electronic contracting, electronic payments and lending, intellectual property rights and rights in data, privacy and collections of data, E-business regulation, including antitrust, trade practices, securities and banking, taxation of electronic commerce, security, liability, and much more. By Jane Kaufman Winn and Benjamin Wright.
The volume of trade done through electronic media continues to skyrocket, and the law evolves at a staggering rate. To keep pace with all the new cases, statutes, proposals, commentaries, and model laws, there is no better resource than the Law of Electronic Commerce - your guide to the implications of communications technology for commercial law and transactions.
The Fourth Edition has been completely revised to reflect the explosive growth of the internet and the one-to-many network model that has replaced older forms of electronic commerce.
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Antitrust Law: Policy and Practice (3d ed.)
William R. Andersen and C. Paul Rogers III
(Casebook Series)
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Judicial Review of Administrative Procedure Act Decisions
William R. Andersen
In federal and state governments in the United States, administrative agencies are often given broad delegated powers to affect policy, subject only to the substantive and procedural limits contained in the Constitution and in statutes. In our legal system, the basic function of judicial review of agency action is to keep administrative agencies within the bounds set for them by these legislative and constitutional commands. It is understood that courts have no significant policy-making authority; they should not extend their own function beyond the policing of these constitutional and statutory boundaries.
The Administrative Procedure Act (APA), Chapter 34.05 RCW, contains several types of information about judicial review. It identifies what matters are reviewable, how and where judicial review is obtained, who can seek judicial review, when review can be obtained, and what review consists of once it is secured.
--Publisher's description
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Designing and Maintaining Serials Check-in Systems: Even If You Plan to Automate
Penny A. Hazelton and Dennis C. Benamati
Like most libraries, law libraries are anxious to install integrated library systems that, in addition to other functions, will provide effective online serials control. For some, these systems are a reality, for others, their installation is in various stages of planning. For most, however, they are merely something to read, hear and day-dream about. In small and medium size libraries, the daily struggle of maintaining control over growing serials collections will be left to manual systems for some time to come.
The information in this paper is intended to suggest ways that may ease the frustration of a manual system. Even for libraries that plan an automated system within the near future, redesigning the current manual system provides an opportunity to do some advance planning, to gather information and to clean up problems before going online. Although this document does not deal with online systems, libraries about to install one might find this helpful in their evaluation of the data elements to be included in their check-in records. Generally, the principles and suggestions here have been tried and proven to create a comprehensive and efficient check-in system.
This material was originally presented by Penny Hazelton at the 1979 AALL serials workshop, and revised by Dennis Benamati for presentation at the 1986 AALL program "We Are Our Own Best Resource: A Dialogue with the Experts."
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Professional Negligence
Thomas G. Roady and William R. Andersen
Deals with malpractice and negligence by professionals.
