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Geographic Information Systems and the Law: Mapping the Legal Frontiers
George Cho
Manufacturer: Wiley
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ASIN: 0471948578 |
Book Description
By the millennium most government departments and businesses will rely on some sort of GIS to conduct their everyday activities. The power and speed of such a tool in planning, research and managing spatial databases is invaluable. However, it is becoming increasingly apparent that the legal implications of GIS are as convoluted as those raised by the Internet. This is already becoming a field which is stretching legal systems around the world to their limit. Users, practitioners, developers, and custodians of data need a clear guide. This book, avoiding technological and legal jargon, clarifies the issues of the rights, limitations, and responsibilities of GIS. Geographic Information Systems and the Law addresses the legal relations between those who provide data and those who use the data. Areas covered include:
- the legal regimes and economic aspects of GIS
- contract law governing information technology
- data and information in a digital age
- legal liabilities — damages, negligence, and standards of care
- public access and ownership of information
- privacy and security issues — intellectual property and copyright
- international law and the globalisation of information technology
The analysis is illustrated by an international range of case material from the United Kingdom, the United States, Australia and New Zealand. Geography / Information Studies / Law
Book Description
Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. This dramatic transformation has been understood in two very different ways--as a series of consensual transactions, but also as a process of violent conquest. Both views cannot be correct. How did Indians actually lose their land?
Stuart Banner provides the first comprehensive answer. He argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles. As whites' power grew, they were able to establish the legal institutions and the rules by which land transactions would be made and enforced.
This story of America's colonization remains a story of power, but a more complex kind of power than historians have acknowledged. It is a story in which military force was less important than the power to shape the legal framework within which land would be owned. As a result, white Americans--from eastern cities to the western frontiers--could believe they were buying land from the Indians the same way they bought land from one another. How the Indians Lost Their Land dramatically reveals how subtle changes in the law can determine the fate of a nation, and our understanding of the past.
Customer Reviews:
Exceedingly Well Written.......2006-06-10
Stuart Banner has taken a complex, 400+ year history of American Indian Land Acquisition and has abstracted the legal basis and the prevailing sociocultural worldviews of settlers, governments and aborigines to produce a work that we, today, can use to understand "How the Indians Lost Their Lands." This is a must read for anyone who has any official involvement with Native American Indians, or anyone who is interested in their, and our, history.
Book Description
Hunting land, gold or adventure, young America trailed eagerly westward after the Civil War. Swarming in their wake were gamblers, thieves, swindlers, gunmen, bandits, and claim-jumpers. Confronting them in the violent cow-towns and mining camps were the United States marshals, the frontier lawmen "who wore the tin star." As territories became states, the frontier marshals moved off stage. Most of us think they finally disappeared when Arizona became a state in 1912. Not true! For another forty-seven years, the frontier marshals enforced the law in territorial Alaska. During that period, they left the Wyatt Earp image far behind. They outgrew the popular myths and fables. They became professional peace officers, equally adept at hunting murderers in the bush, catching drug smugglers, transporting the insane, or testifying as ballistic or fingerprint experts. The frontier marshals in Alaska were the last of their breed-and they were the best! This is their book.
Customer Reviews:
Vigilante Justice is Better than No Justice at all.......2007-09-24
I am always careful about books written by journalists from back East, especially when they deal with Montana's vigilantes. Frederick Allen, however, has made a worthwhile contribution to a controversial field.
I gave him five stars, although I do not entirely agree with some of his conclusions. It seems to surprise him, for example, when Plummer and some of his contemporaries started bouncing off the walls mentally after shooting somebody.
My experience in law enforcement has been that such behavior is normal. There are some sociopaths out there who just like to kill and don't feel any emotion about it, but they are few and far between despite what Hollywood scriptwriters would like you to believe.
This is a well written book, but it didn't change my opinion that the vigilantes cleaned up a situation that had spun out of control at a time when nobody else would, or could. The country was, after all, engaged in a bloody Civil War and the struggling miners in Montana's goldfields needed something to restore order in their isolated, vulnerable communities. Vigilante justice proved to be better than no justice at all.
History versus "Stretchers".......2006-08-29
People who hate "High Noon" have been known to cite the goings-on in Idaho Territory of the 1860s as proof that an enraged citizenry would never back down from outlaws. According to "eyewitness accounts," a locally formed vigilance committee rounded-up Sheriff Henry Plummer and his bloodthirsty compatriots and, with the aid of lots of rope, soon put an end to the rampant murder and robbery in the gold camps.
While this account made for excellent melodrama, it was a bit too pat to stand the test of time, and of late, had become the center of some arguing and fist shaking in the vicinity of Alder Gulch. Frederick Allen painstakingly examines the players and their times. His conclusions will not please the revisionists nor the vigilante apologists. While the vigilantes started out with the best of intentions and went after the worst of the thugs, their focus was lost in the chaos and power struggles of their era. Like many mavericks, they went from being heroes to embarassments.
But Allen confirms that Henry Plummer, George Ives & Co. were not martyrs of misdirected justice. It's too bad the vigilantes didn't have the forsight to stop while they were ahead.
First rate scholarship in a reader friendly format.......2005-10-24
This is the type of book that gives University Presses a good name. The author is a former political editor and columnist with the Atlanta Constitution and commentator for CNN. He has managed to write a scholarly yet reader friendly book that challenges some standard accounts of the famous Montana Vigilantes and their sometimes extra-legal activities. In what was the deadliest chapter of vigilante justice in American history, from 1864-1870, in excess of 50 men were hanged in Montana. The majority were inocent of capital crimes and a disturbing numer were innocent. This is a riveting book that will, in addition to bringing the reader up to date on a significant chapter in western history, cause one to ponder the significance of the Vigilantes on our current political debate over the war on terrorism. This is first rate scholarship in a reader friendly format. Highly recommended.
A fair and balanced - and thorough - look at the Montana vigilantes.......2005-10-23
One tends to associate the dark legacy of lynching almost exclusively with the South of the late 19th and early 20th centuries, but in point of fact the most extensive episode of vigilante justice in American history actually took place in the Montana territories in the 1860s. The Montana vigilantes have long been hailed as heroes in Montana (Montana Highway Patrolmen, for example, still bear a patch honoring these men and their cause), men who took upon themselves the obligation to rid their community of dangerous individuals. In this thrilling historical account, however, Frederick Allen pries open the chinks in the vigilante movement's historical armor to show that their brand of frontier justice eventually descended into something much darker and much less defensible.
In the early 1860s, Montana was a wild country overrun by thousands of men clamoring for the new-found gold in its rivers and streams. Even as gold camps began appearing overnight, there was no government of any sort to oversee justice - just miners' courts to settle disputes over claims and the like. The nearest outpost of territorial authority lay hundreds of miles west of the Montana frontier. Thus, it is easy to see how lawlessness could prevail under such conditions; it manifested itself most particularly in the form of stagecoach robberies on the paths leading away from town. A man could lose a whole season's worth of gold dust in the blink of an eye, and such hold-ups could turn deadly on occasion. What could the settlers do to secure their safety and safe passage back to the States or elsewhere? There was no legal system in place in the territory, there were no cells to hold prisoners, and there were no courts or judges to adjudicate cases. There was a sheriff, however, a fascinating man named Henry Plummer - and he really stands at the core of the entire drama. He came to be suspected of complicity in the robberies and murders in the area, and this growing sense of doubt in their sheriff served as the final impetus for the leading men of Bannack and Virginia City to take the law into their own hands. Plummer was among the 21 men hanged during the first six weeks of 1864. There will always be a level of debate as to Plummer's guilt or innocence, and Allen examines this fascinating man's life in great detail. The real question is how a man twice convicted of murder could have become a sheriff in the first place, but this speaks to the true remoteness of the Montana territory in those days.
In all, 51 men were killed by the vigilantes over a six-year period. Allen agrees with the consensus opinion that the early stage of the movement was justified, as there is evidence that all 21 of the men lynched in the first six weeks of 1864 were guilty, dangerous men - including Henry Plummer. Were the story to stop there, the Montana vigilantes would deserve nothing but admiration for bringing order and security to their local community. They did not stop, however, and their activities inevitably devolved into acts of personal vengeance and the very perversion of justice. In that first crucial period of early 1864, accused men were given trials of a sort, their fates usually decided by the entire community. Hangings took place in broad daylight, and the identities of the vigilantes were in no way kept secret. As time went on, however, men were summarily executed by individuals acting upon little more than their own authority. With no hope or manner of defending themselves, it is very likely that some innocent men were hanged - and there can be little doubt that many of the guilty had not committed crimes serious enough to warrant death.
As is always the case in history, the most fascinating aspect of this whole story is the lives of the men involved. Allen identifies the vigilantes as leading citizens of the area, an unusual amalgamation of men both for and against the battle for Southern independence being waged during that chaotic time. Politics came to play a significant role in the whole saga, as the appointed leaders of the newly-established Montana Territorial government did themselves no favors by immediately alienating the significant number of Democrats among the local populace. This new government was ineffective at best, with the executive and judicial branches nullifying each other's authority - and this provided the pretext for the vigilantes to continue their operations.
A Decent, Orderly Lynching really is a fascinating book. Allen brings to life the mining camps of gold-rush Montana, recreating all aspects of society there on the remote frontier. He offers penetrating assessments of the men at the heart of this story, those on both sides of the hanging rope, drawing a sharp distinction between the early, honorable activities of brave men determined to establish order in their lawless region and the excesses of those who continued to pursue vigilante justice after Montana's new territorial government had been established. Through it all, he maintains an objective air, making his own judgments based on the evidence in hand - and his research efforts were impressive, to say the least. The story of the Montana vigilantes is a most telling part of the history of America, and Allen has done a superb job telling that story to those of us unfamiliar with it.
A compelling look at a mythic Western story.......2005-06-18
This amazing book works on three different levels. It is first of all a compelling, action-packed narrative of Montana's vigilante period - carefully researched, engagingly written, and peppered with memorable characters and dramatic action. Western fans will love it. But Allen does not stop there. His brilliant examination of Henry Plummer, the mysterious and elusive sheriff-protagonist, adds deeper and darker shadings to the story. This is less a black-and-white tale of heroes and villains than one about how power corrupts and absolute power corrupts absolutely. The author does not trade in the romanticism surrounding the vigilantes. Finally, and most remarkably, Allen's book can be read as an allegory about the uses and misuses of all governmental power. In the nineteenth century, Montana's besieged citizens cried out for help against their version of terrorists -- only to discover belatedly that the response by unchecked governmental authorities could be equally lawless. Who would have thought that the Vigilante Trail led to Abu Ghraib?
Book Description
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies--the application of the social sciences and the humanities to law in the hope of making law less formalistic, more practical, better grounded empirically, bettered tailored to social goals. Judge Richard A. Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier. The book examines five principal areas or directions of interdisciplinary study: economics, history, psychology, the epistemology of law and the empirical study of law. These approaches are seen to interpenetrate and to compose a coherent body of legal theory--a unified framework for understanding such seemingly disparate phenomena as the economics of free speech, the intellectual history of economic analysis of law, the relation between income and liberty, the law of possession, the psychology of legal decisionmaking, the role of emotion in law, and the use of citation analysis to evaluate judges and law professors. The book carries on Posner's project of analyzing the law as an institution of social governance.
Customer Reviews:
Great book !.......2003-05-31
Too often it seems that law is limited to the "good old boys" network that largely is content to go to law school, graduate, speak only to lawyers and clients and die. Outside fields are rarely considered. "Who cares if a policy is economically inefficient?" "Why should that frustrate 'democracy'".
Posner is the first I know of among solid legal scholars to explore the connections between law and related disciplines. His works are not introductory, most seem overly technical. While this is good in highlighting the seriousness of his efforts and pushing the "Frontiers of Legal Theory", it has not led to stellar general interest. I can only hope that some will take his ideas and make them more digestible for a public audience.
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Intellectual Property Rights in Frontier Industries: Software and Biotechnology
Robert W. Hahn
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Web & Software Development: A Legal Guide
ASIN: 0844771910 |
Book Description
In this volume, leading scholars tackle the debate over intellectual property rights in high-technology industries and express their views on how to improve the current system.
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Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enriqué Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.
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This historical work portrays Justice Cardozo, a lawyer and philosopher, as concerned with harmonizing legal rules with social values and the demands of stability with changes in the law.
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This book provides up-to-date information on developments in global intellectual property law and policy and their impact on regional economic and cultural development.
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In the current debate over science and religion, we tend to overlook the fact that not all religious traditions are anti-scientific. People are often surprised to hear that the Vatican supports an astronomical observatory, yet the Vatican Observatory is one of the oldest astronomical institutes in the world, with its beginnings dating back to the reform of the calendar in 1582. Astronomy was one of the core subjects (along with arithmetic, geometry, and music) in the great medieval universities, taught by the Jesuits. Following the tradition of his order, Jesuit brother and working astronomer Guy Consolmagno considers himself to be a "missionary of science;" his mission: to undo the false assumption that the Church remains hostile to science. Blending memoir, science, history, and theology, Consolmagno takes us on a grand adventure. We revisit the infamous "Galileo affair" and see that it didn't unfold in quite the way we thought. We tour the Vatican's extensive meteorite collection and learn how astronomy progresses despite its dearth of tactile evidence. We get a rare glimpse into the world of working scientists and see how scientific discoveries are proposed and advanced (it hasn't changed much since Galileo's time). We learn the inside story of the "Mars meteorite": how can we be sure it's really from Mars, and why can't scientists agree on whether or not it contains evidence of life? With Consolmagno as our guide we travel to Japan and see how geology informs planetary science; we go to Africa and witness mankind's innate curiosity about the heavens, even in the midst of desperate poverty; and we hunt for meteorites in Antartica. Most importantly, we see how science and religion can come together in one individual, and by extension, how they both are needed to answer the big questions. What would it mean to us if we did find life elsewhere in the universe? How did the world begin, and why does it follow natural laws? "Science and Religion have an intimate tie," Brother Guy writes, "Without faith in a Creator God, one who looks at His universe and declares it Good, how can you justify the belief that this universe is worth studying; indeed, that the universe even makes enough sense to be able to be studied?"
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Ever since Galileo was forced to recant his proofs of a sun-centered solar system, the Roman Catholic Church has been considered hostile toward science. Not quite true, argues Jesuit Brother Guy Consolmagno in his moving and intellectually playful memoir of a life lived in the active interplay of science and religion. Blending memoir, science, history, and theology, Consolmagno takes us on a grand adventure. We revisit the infamous "Galileo affair" and see that it didn't unfold in quite the way we thought. We get a rare glimpse into the world of working scientists and see how scientific discoveries are proposed and advanced. We learn the inside story of the "Mars meteorite": how can we be sure it's really from Mars, and why can't scientists agree on whether or not it contains evidence of life? Brother Astronomer memorably sets forth one scientist's conviction that the universe may be worth study only if it is the work of a Creator God.
Customer Reviews:
A thoroughly entertaining author.......2005-04-05
I had the pleasure of meeting Brother Guy in the summer of 2001 during a visit to Castel Gandolfo where he was kind enough to take us on a guided tour of the observatories on the roof of the Papal residence. He is as entertaining and fascinating "in real life" as his books amply demonstrate to a reader.
"Science makes lousy religion and religion makes lousy science." What a great attitude!
Bottom line: "Brother Astronomer" is a well-crafted, entertaining book that may even teach you things about yourself.
The Desire for Truth and Understanding -- and Mars Rocks.......2005-01-26
Many of you have read - or have a copy of - Turn Left at Orion by Guy Consolmagno, an entertaining and instructive guide for amateur astronomers with small telescopes. No less entertaining is his book, Brother Astronomer: Adventures of a Vatican Scientist, in which Jesuit Brother Guy Consolmagno tells his life story in brief, and in more detail discusses Mars rocks, Antarctica adventures, and science/religion issues.
With grace and good humor he tells of his becoming curator of the Vatican's collection of meteorites, one of the oldest collections in the world, mostly amassed in the nineteenth century by French nobleman Marquis de Mauroy. Consolmagno and his associates devised a method to determine the mass, the density, and the porosity of meteorites, which lead to theories on where meteorites come from - asteroids and other planets. He calls them his outer space "aliens" at the Vatican.
His real adventures are recounted with good-natured wit in the section titled "Wide Wild Whiteness", a meteorite-hunting expedition with other scientists on the bottom of the world in Antarctica. He makes the vast, cold continent seem to come alive in its bleak expanse and extremes of cold and wind. The personal interaction among the small group of individuals forced to spend six weeks together in that harsh frigid environment is insightful, at times poignant and other times hilarious. Everyone on the team has a specialty, and he often wonders, "Why am I here?" They bring home a treasure trove of 390 meteorites. It is fascinating to learn how they go to great pains to preserve the pristine condition of the space rocks. To collect them without contaminating them is a real challenge, especially under subzero temperatures, where the cold dulls the mind and freezes the fingers.
Perhaps most enlightening and enjoyable are Consolmagno's discourses on science and religion. He reminds us that only recently, in our popular culture, has there been an apparent schism between science and religion; that indeed, the great thinkers of ages gone by were men of renown in the church, men of great religious faith. The search for truth is and always has been the goal of both good religion and good science. "God gave us brains; He expects us to use them," he says.
"To understand why" science and religion are thought to be opposed, says Consolmagno, "we need to look not at science, nor at religion, but at the popular culture." He explains that science in school is often a turn-off for kids, and many leave the church as teenagers, "before they are old enough to appreciate it." The result is a childish view of both science and religion.
The popular media - news, TV, movies - present a distorted view of both science and religion as well, he contends. If there is no action, no drama, no conflict, it doesn't make good copy or good video. Scientists are often portrayed as "mad", and preachers are stereotyped as extremists. Fear and confusion of the roles and relationships of science and faith are the result. "It's a fundamental misconception of how both science and religion work." He goes on to say that Christianity does not start with faith, it starts with experience; and that science does not begin with experiment or logic, it begins with intuition.
He recounts the timeworn story of Galileo and the Church, and contends that that situation was largely a matter of pride and politics, not strictly religion and science. The ill-feeling produced by Galileo's trial set back science for years, and sparked the thinking that the church was anti-science, though the Church has since repeatedly admitted the mistakes it made there almost 400 years ago.
In his "Confession of a Vatican Scientist" section of the book, Consolmagno presents many wise arguments explaining the deep connections between science and religion. You'll have to read it to appreciate it. He says, "Good science is a very religious act. The search for Truth is the same as the search for God." Of the "unexplainable", he says, "Our theology prepared science to accept the seeming contradictions of quantum theory, for instance; just because something doesn't seem to make sense, is no proof that it must be false."
He sums it up by saying, "The desire for truth and understanding, including understanding the truth of the natural world, was given to us by God, in order to lead us to God. It is the desire for God. It is why I am a scientist; it is why the Vatican supports me."
A delightful romp.......2004-06-26
Brother Astronomer is a delightful romp into the life of a joyful and spirit-filled man. Brother Guy exemplifies the bridging of the purported gap between faith and science; in his writing and his life and his combination of these two vocations he belies the simplistic and all-too glib pronouncements so many trot out about the rift between science and religion. Whether you come to this book from the religous or scientific side, read it with an open mind and heart, the way it was written.
Brother Guy writes with considerable insight and frankness, and will certainly make some people most uncomfortable as he demonstrates some convincing parallels betweeen science and religion. Those who quickly dismiss his comments on this similarity simply reveal that they were ready to do so a priori, even before opening the pages of this book. He handles science and religion in an even-handed, balanced and refreshingly gentle manner, and I admire his intellectual and spiritual integrity, how he never forgets there is one truth underlying everything, and that this truth will be what it is, and not simply what we want it to be.
His book is undoubted going to be equally unacceptable to both scientific as well as religious fundamentalists, two groups which possess in common a remarkable ignorance of both religion and science.
As a professional academic scientist and believer in God who has never had any problem reconciling the two equally profound sides of my life, I may be prejudiced in my approach to this book. But I don't think so. So set your judgementalness aside when you pick up Brother Astronomer. Read it, enjoy it, go with the flow of the book and take delight in the time you spend with this delightful man.
Interesting Book from an Interesting Man.......2003-07-29
In "Brother Astronomer", Br. Guy Consolmagno describes his life and views as a Jesuit brother who is also a professional astronomer. In this book, the author (who is also the author of "Turn Left at Orion", a highly regarded handbook for amateur astronomers) covers a number of topics: how science is done, the interaction between science and religion, the often-positive role the Cathollic Church has played in the history of science, and an expedition the author made to Antarctics to gather meteriorites. The parts do not always mesh well, which is why I gave it only four of five stars; however, individual chapters are quite good. For example, the opening chapter, which traces a problem in planetary science as a case study of how science is done, would be well worth showing to any teenager who is interested in science; while the chapter on religion and science will be of interest to anyone who has an open mind on the issue of whether "Jerusalem" can have anything to do with "Athens". Well worth reading; highly recommended.
By the way, my wife and I have had the pleasure of hearing Br. Guy speak at the Adler Planetarium in Chicago on several occasions; if you get a chance to hear him speak in person, you won't be disappointed.
La iglesia no solo se dedica a rezar!.......2000-11-28
Uno pensaría que la Iglesia y principalmente sus más cercanos servidores, los sacerdotes, solo se dedican a los aspectos meramentame espirituales, que si bién son grandiosos, no debmos olvidar que tambien son seres humanos como cualquiera de nosotros y el abrirnos las puertas a estudio de las Ciencias en el enterno de la Iglesia, no unicamente nos permite conocer mejor a sus servidores sino que, sin duda alguna nos acerca más a la espiritualidad, a la contenplación y a la Divinidad. Es por ello que este texto es en mi opinion una puerta mas que para la ciencia para la espiritualidad.
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