Books & Contributions to Books

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  Contracts: Cases, Discussion, and Problems

  Brian Blum and Amy Bushaw

  2022

  Casebook on the law of contracts; includes problems for students.

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  Pacific Salmon Law and the Environment: Treaties, Endangered Species, Dam Removal, Climate Change, and Beyond (Tables and Preface)

  Michael Blumm

  2022

  The law and policy of salmon protection and restoration are complex, and matters surrounding salmon implicate topics as varied as Indian treaty fishing rights, dam management and removal, international treaties, predator con­trol, and climate change. Pacific Salmon Law and the Environment chronicles the diverse issues concerning salmon allocation, management, and restoration in the 21st century, providing the historical understanding necessary for an accurate perspective of the present-day problems salmon face. The book is a must-read for ecologists, biologists, attorneys, educators, activists, students, and others concerned about the fate of salmon in the Pacific Northwest in the climate-challenged 21st century. More information is at: https://www.eli.org/eli-press-books/pacific-salmon-law-and-environment-treaties-endangered-species-dam-removal-climate.

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  Sacrificing the Salmon: A Legal History of the Decline of Columbia Basin Salmon (Full Text Part 2 of 2)

  Michael Blumm

  2022

  Salmon remain the cultural and economic soul of the Pacific Northwest, a species whose very life cycle largely defines the region. At the center of the salmon region lies the Columbia River, which once supported the world's largest salmon runs and which now is home to the world's largest interconnected hydroelectric system. These massive federal and non-federal dams have devastated Columbia Basin salmon runs, some of which are now extinct, others are on life-support.

  This book tells the story of the decline of the Columbia Basin salmon in the 20th century. But it begins earlier, with the signing of mid-19th century Indian treaties that promised the tribes the right of taking fish in return for ceding some 64 million acres of land to the onrushing United States. This treaty promise was actually the first in a series of promises that the salmon runs would be maintained. The book uses the promise metaphor to examine the state of salmon and surrounding legal and institutional environment over the last century-and-a-half. None of the promises have been fully kept.

  Among ensuing promises was a false hope that a region-wide commitment to salmon hatcheries could replace salmon habitat lost to development, especially hydroelectric development. Another promise was the 1980 Northwest Power Act's restoration program, which once envisioned doubling Columbia Basin salmon runs. Failure of that promise led to ongoing and largely unsuccessful efforts under the Endangered Species Act (ESA) to conserve the dwindling salmon runs. The book is especially critical of ESA implementation, maintaining that the listing of salmon under the statute has done much more to change ESA administration than the ESA has done to revive the salmon runs. Other promises the book examines concern the 1985 Pacific Salmon Treaty with Canada, hydroelectric licensing under the Federal Power Act, and water quality protection under the Clean Water Act.

  The book includes chapters on the judicial interpretation of Indian treaties, a history of dam building in the Northwest, the rise of ecosystem management planning, and the case for breaching four Lower Snake River dams. Concluding chapters examine the prospects for wild salmon runs in the 21st century and lessons from the decline of Columbia Basin salmon for other resources in other areas.

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  Victims in Criminal Procedure

  Douglas E. Beloof, Paul G. Cassell, Meg Garvin, and Steven J. Twist

  2018

  In this revised fourth edition, the authors have updated the casebook in light of dramatic changes that have taken place in crime victims rights since the last edition. This book includes substantial revisions, including a new separate chapter on crime victim privacy issues. It also examines a new wave of expansive state constitutional amendments, known collectively as Marsy's Law, that expand victims rights and enforcement procedures in states such as California, Ohio, Illinois, and others.

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  Global Labor and Employment Law for the Practicing Lawyer

  Henry Drummonds

  2010

  The global labor markets require workable and predictable law, forums, and recognition of judgments for the enforcement of cross-border employment contracts. Global labor markets make traditional approaches outdated. Yet regulations in the EU now answer these questions for European postings, and provide a framework for building a predictable system generally in the emerging world-wide markets for labor. Party autonomy often controls, but yields to protective rules requiring application of the law of the place of labor regarding non-waiveable employment rights.

  Traditionally, private international law affecting these questions found expression at the national or sub-national level. Choice of law rules in the UK might vary with those in Italy, and within the U.S., California and New York applied their own choice of law and choice of forum rules, albeit guided by the Restatements. The result has been a chaotic and unpredictable doctrinal framework variously described as “incomprehensible jargon” (William Prosser) and “gibberish” (Friedrick Juenger).

  In Europe, building on an earlier Convention, the Rome I regulation (effective in 2009 and binding within the EU) generally adopts lex laborium for employment contracts, but allows party autonomy subject to non-waiveable employment rights in the place of work (“overriding mandatory provisions”). The Brussels I regulation (effective in 2002) sets forth rules for jurisdiction in EU cross-border disputes; an employer may be sued in the nation of the habitual place of work, in the EU nation in which it has a “branch, agency, or establishment,” or in which the employee is domiciled. The parties to an employment contract can chose a jurisdiction only after a dispute has arisen. Finally, under Brussels I, a judgment in any EU country “shall be recognized” in other EU nations without review of substance or jurisdiction.

  In applying private international law to international labor markets the EU leads the way.

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  Sacrificing the Salmon: A Legal History of the Decline of Columbia Basin Salmon (Full Text Part 1 of 2)

  Michael Blumm

  2002

  Salmon remain the cultural and economic soul of the Pacific Northwest, a species whose very life cycle largely defines the region. At the center of the salmon region lies the Columbia River, which once supported the world's largest salmon runs and which now is home to the world's largest interconnected hydroelectric system. These massive federal and non-federal dams have devasted Columbia Basin salmon runs, some of which are now exinct, others are on life-support.

  This book tells the story of the decline of the Columbia Basin salmon in the 20th century. But it begins earlier, with the signing of mid-19th century Indian treaties that promised the tribes the right of taking fish in return for ceding some 64 million acres of land to the onrushing United States. This treaty promise was actually the first in a series of promises that the salmon runs would be maintained. The book uses the promise metaphor to examine the state of salmon and surrounding legal and institutional environment over the last century-and-a-half. None of the promises have been fully kept.

  Among ensuing promises was a false hope that a region-wide commitment to salmon hatcheries could replace salmon habitat lost to development, especially hydroelectric development. Another promise was the 1980 Northwest Power Act's restoration program, which once envisioned doubling Columbia Basin salmon runs. Failure of that promise led to ongoing and largely unsuccessful efforts under the Endangered Species Act (ESA) to conserve the dwindling salmon runs. The book is especially critical of ESA implementation, maintaining that the listing of salmon under the statute has done much more to change ESA administration than the ESA has done to revive the salmon runs. Other promises the book examines concern the 1985 Pacific Salmon Treaty with Canada, hydroelectric licensing under the Federal Power Act, and water quality protection under the Clean Water Act.

  The book includes chapters on the judicial interpretation of Indian treaties, a history of dam building in the Northwest, the rise of ecosystem mangement planning, and the case for breaching four Lower Snake River dams. Concluding chapters examine the prospects for wild salmon runs in the 21st century and lessons from the decline of Columbia Basin salmon for other resources in other areas.