Digital Commons Network^™

In The Zone: Work At The Intersection Of Trade And Migration, Jennifer Gordon

Faculty Scholarship

Trade and immigration are generally described as separate dimensions of globalization. This Article challenges that story by focusing on settings where states and private actors are bringing the two together to achieve disparate economic and policy goals. In one set of cases analyzed here, governments in the Global South are seeking to increase trade through the use of migrant labor, attracting transnational firms to export manufacturing zones by importing lower-cost workers from other countries. In the other, policymakers in the Global North are seeking to decrease immigration through the use of trade by investing in export processing zones in migrant …

Final Report Of The Durham Statement Review Task Force, Durham Statement Review Task Force

Faculty Scholarship

No abstract provided.

Contract Development In A Matching Market: The Case Of Kidney Exchange, Kimberly D. Krawiec, Wenhao Liu, Marc L. Melcher

Faculty Scholarship

We analyze a new transplant innovation — Advanced Donation, referred to by some as a kidney “gift certificate,” “layaway plan,” or “voucher — as a case study offering insights on both market and contract development. Advanced Donation provides an unusual window into the evolution of the exchange of a single good — a kidney for transplantation — from gift, to simple barter, to exchange with a temporal separation of obligations that relies solely on trust and reputational constraints for enforcement, to a complex matching market in which the parties rely, at least in part, on formal contract to define and …

Open Legal Educational Materials: The Frequently Asked Questions, James Boyle, Jennifer Jenkins

Faculty Scholarship

There has been considerable discussion in academic circles about the possibility of moving toward open educational materials—those which may be shared, copied and altered freely, without permission or fee. Legal education is particularly ripe for such a transition, as many of the source materials—including federal statutes and cases—are in the public domain. In this article, we discuss our experience producing an open casebook and statutory supplement on Intellectual Property Law, and answer many of the frequently asked questions about the project. Obviously, open coursebooks are less expensive and more convenient for students. But we found that they also offer pedagogical …

Library Services For The Self-Interested Law School: Enhancing The Visibility Of Faculty Scholarship, Simon Canick

Faculty Scholarship

This article suggests a new set of filters through which to evaluate law library services, in particular those that support faculty scholarship. Factors include profound changes in legal education, and motivators of today’s law professors. Understanding the needs of self-interested deans and professors, libraries can fill new roles that are consistent with our core values. In particular we can focus on dissemination and promotion of faculty work, especially through innovative open access projects.

Library Services For The Self-Interested Law School: Enhancing The Visibility Of Faculty Scholarship, Simon Canick

Faculty Scholarship

This article suggests a new set of filters through which to evaluate law library services, in particular those that support faculty scholarship. These filters include recent profound changes in legal education and the motivators of today’s law professors. By understanding the needs of self-interested deans and professors, libraries can fill new roles that are consistent with our core values. Libraries can also focus on dissemination and promotion of faculty work, especially through innovative open access projects.

Open Access To Legal Scholarship: Dropping The Barriers To Discourse And Dialogue, Richard A. Danner

Faculty Scholarship

This article focuses on the importance of free and open access to legal scholarship and commentary on the law. It argues that full understanding of authoritative legal texts requires access to informed commentary as well as to the texts of the law themselves, and that free and open access to legal commentary will facilitate cross-border dialogue and foster international discourse in law. The paper discusses the obligations of scholars and publishers of legal commentary to make their work as widely accessible as possible. Examples of institutional and disciplinary repositories for legal scholarship are presented, as are the possible impacts of …

When Copyright Law And Science Collide: Empowering Digitally Integrated Research Methods On A Global Scale, Jerome H. Reichman, Ruth L. Okediji

Faculty Scholarship

Automated knowledge discovery tools have become central to the scientific enterprise in a growing number of fields and are widely employed in the humanities as well. New scientific methods, and the evolution of entirely new fields of scientific inquiry, have emerged from the integration of digital technologies into scientific research processes that ingest vast amounts of published data and literature. The Article demonstrates that intellectual property laws have not kept pace with these phenomena.

Copyright law and science co-existed for much of their respective histories, with a benign tradition of the former giving way to the needs of the latter. …

Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones

Faculty Scholarship

Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …

Dspace: One Schools' Use Of An Open Source Institutional Repository, Michelle Rigual

Faculty Scholarship

A variety of resources, both proprietary and open source, have evolved in recent years to enable the collection, preservation, indexing and distribution of digital work, as well as to provide communities for peer review of works in progress. These emerging technologies make it more feasible to advocate for open access to scholarly communication. This presentation discusses the movement toward open access to scholarly information, as colleges and universities struggle to gain more control over and retain more rights to their scholarly output, and the consequences of not doing so. The speaker will also describe the various options currently available for …

Dspace, Institutional Repositories And The Open Access Movement: Why Should You Care?, Carol A. Parker

Faculty Scholarship

The amount of digital scholarly output grows daily, yet only a small fraction of legal scholarly communication is published in traditional venues such as law reviews and journals. Some of this digital scholarly communication makes it to the Web and becomes a resource often referred to as "gray literature," but this can be a haphazard process at best. The UNM School of Law Library employs DSpace, an open source digital institutional repository, to enable the Law faculty to collect, preserve, index, and distribute their digital work, as well as to provide a community for peer review of works in progress. …