Law Commons^™

Role Of A Croatian National Repository Infrastructure In Promotion And Support Of Research Data Management, Kristina Posavec, Draženko Celjak, Ljiljana Jertec Musap

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The paper will give an overview of national infrastructure for digital repositories, Digital Academic Archives and Repositories (DABAR), and its role as technology steward in raising awareness about research data management (RDM) and promoting good practices in the Croatian A&R community. The University of Zagreb, University Computing Centre (SRCE) is providing national infrastructure DABAR suitable for storing and dissemination of different types of digital objects. Through DABAR, all Croatian higher education and research institutions can establish their digital repository. A strong collaboration between SRCEs DABAR team and institutions repository managers has proven to be important in the process of disseminating …

Implementing The Rda Research Data Policy Framework In Slovenian Scientific Journals, Janez Štebe, Maja Dolinar, Sonja Bezjak, Ana Inkret

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The paper aims to present the implementation of the RDA research data policy framework in Slovenian scientific journals within the project RDA Node Slovenia. The activity aimed to implement the practice of data sharing and data citation in Slovenian scientific journals and was based on internationally renowned practices and policies, particularly the Research Data Policy Framework of the RDA Data Policy Standardization and Implementation Interest Group. Following this, the RDA Node Slovenia coordination prepared a guidance document that allowed the four pilot participating journals (from fields of archaeology, history, linguistics and social sciences) to adjust their journal policies regarding data …

Open Access: “Information Wants To Be Free”?, Richard Poynder

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The main points made in this document:

- Internet mantras like information wants to be free misled OA advocates about what is possible in an online world. Amongst other things, these mantras led to the mistaken belief that publishing would be very much cheaper on the internet.

- BOAI was intended to achieve three things: to resolve the longstanding problems of affordability, accessibility, and equity that have long dogged scholarly communication.

- It now seems unlikely that the affordability and equity problems will be resolved, which will impact disproportionately negatively on those in the Global South. And if the geopolitical …

A Systematic Review Of Information Seeking Behavior & Information Needs In Female Lawyers, Jibran Jamshed Mr.

Library Philosophy and Practice (e-journal)

Objectives: The primary objective of this study is to determine the legal information-seeking behavior of female lawyers. The study explores the legal information needs, methods, and barriers faced by female lawyers while seeking legal information.

Methodology: In this quantitative study survey design is used. The population of this study consists of female lawyers from which a sample (n=305) is taken. A structured questionnaire was distributed among the female lawyers of Punjab province in Pakistan. The questionnaire collected data regarding demographic information, information-seeking behaviors, information needs, and barriers faced by female lawyers while seeking legal information. SPSS (Statistical Package …

To What Extent Pakistani Citizens Are Enjoying The Right Of Access To Information? An Exploratory Study, Ammara Yousaf, Khalid Mahmood

Library Philosophy and Practice (e-journal)

The purpose of this study was to explore and explain the provision of the right of access to information (RAI), a remarkable development particularly in the field of human rights and information management in Pakistan. This study has two objectives: (1) to track the practice and propensity of public information officers (PIOs) in providing information under the Punjab Transparency and Right to Information Act, 2013; (2) to examine the perceptions of information seekers in retrieving the information under the Punjab Transparency and Right to Information Act, 2013 (PTRIA, 2013). A mixed-method, sequential design with a parallel database variant was used …

Economic Analyses Of Federal Scientific Collections: Methods For Documenting Costs And Benefits, David E. Schindel, Economic Study Group Of The Interagency Working Group On Scientific Collections

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Federal object-based scientific collections have been created to serve agency missions and, in a few cases, to comply with legislative and regulatory mandates. “Project collections” (those managed by the researchers who obtained them for restricted use) and their costs and benefits were considered too varied for standard methodologies that assess costs and benefits. In a few cases, departments and agencies are required by legislation or regulations to retain objects in long-term “institutional collections.” In most cases, decisions to retain objects are based on long-term costs relative to the perceived potential for benefits to taxpayers. Federal collections vary in their philosophies …

Leaving The Twilight Zone: A Congressional Check On Treaty Termination, Cormac C. Broeg

Nebraska Law Bulletin (Selected Issues)

This essay argues that Congress can—by a statute expressing the will of both houses—protect a treaty from presidential termination. Under this framework, when Congress expressly states its opposition to the termination of a particular treaty, it moves the president’s order to terminate the treaty into this third category where the president can rely only upon enumerated powers. In Goldwater v. Carter, the Supreme Court found a challenge to presidential treaty termination non-justiciable without forming a majority opinion, However, a statutory protection of a treaty creates a different dispute which fails to implicate any of the political question factors articulated by …

A Contractor’S Guide: Nebraska’S Anti-Indemnity Statute, Brett M. Bruneteau

Nebraska Law Bulletin (Selected Issues)

Contractors must carefully comply with Nebraska’s anti-indemnity statute in order to shift risk and liabilities. In doing so, contractors must have an understanding of general construction industry trends and how they impact and apply to Nebraska’s anti-indemnity statute. First, contractors must have a general understanding of pertinent construction issues including indemnity, anti-indemnity statutes, insurance, and the rising cost of litigation. These issues are paramount to understanding the purpose behind Nebraska’s anti-indemnity statute. These issues are also important when understanding its caselaw and judicial interpretation. Second, contractors can protect themselves from Nebraska’s anti-indemnity statute by drafting indemnity provisions that comply with …

News Literacy Skills Among Undergraduate Law Students In The Age Of Infodemic, Jibran Jamsheed Mr., Salman Bin Naeem Dr.

Library Philosophy and Practice (e-journal)

Objectives: The objective of this study is to identify the news literacy skills of law students, their ability to encounter fake news, as well as their news sharing behavior.

Research Methodology: A survey was conducted in two public sector universities of South Punjab i.e. The Islamia University of Bahawalpur and the Bahauddin Zakariya University of Multan. The population of the study comprised of undergraduate law students of the participating universities. The three-part questionnaire was used to collect the data on demographic information, perceived news literacy skills, and news sharing behavior. The collected data were analyzed using a statistical …

The Care Principles For Indigenous Data Governance, Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, Maui Hudson

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Concerns about secondary use of data and limited opportunities for benefit-sharing have focused attention on the tension that Indigenous communities feel between (1) protecting Indigenous rights and interests in Indigenous data (including traditional knowledges) and (2) supporting open data, machine learning, broad data sharing, and big data initiatives. The International Indigenous Data Sovereignty Interest Group (within the Research Data Alliance) is a network of nation-state based Indigenous data sovereignty networks and individuals that developed the ‘CARE Principles for Indigenous Data Governance’ (Collective Benefit, Authority to Control, Responsibility, and Ethics) in consultation with Indigenous Peoples, scholars, non-profit organizations, and governments. The …

Oddpub – A Text-Mining Algorithm To Detect Data Sharing In Biomedical Publications, Nico Riedel, Miriam Kip, Evgeny Bobrov

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Open research data are increasingly recognized as a quality indicator and an important resource to increase transparency, robustness and collaboration in science. However, no standardized way of reporting Open Data in publications exists, making it difficult to find shared datasets and assess the prevalence of Open Data in an automated fashion.

We developed ODDPub (Open Data Detection in Publications), a text-mining algorithm that screens biomedical publications and detects cases of Open Data. Using English-language original research publications from a single biomedical research institution (n = 8689) and randomly selected from PubMed (n = 1500) we iteratively developed a …

Copyright, Andrea Wallace

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Copyright is intended to incentivize the production of new creative works and protect authors’ connection to them. In return, the author receives exclusive rights over the creative work and can commercialize or release them for various uses. Once the copyright expires, these works pass into the public domain and can be used by anyone to produce new creative works and knowledge.

GLAMs (Galleries, Archives, Libraries, and Museums) protect, preserve, and extend access to these works (and many other materials) for the appreciation of current and future generations. This is often facilitated today by digitizing collections and making them available online. …

Trans-Atlantic Market Protectionism & The Implications Of Brexit, Sarah Barrett

Nebraska Law Bulletin (Selected Issues)

Arguably, the United States system is better for trade in general because it is less subject to factious constituents pressuring for protection of their industries. While the US system does have some weakness in that the US President can unilaterally withdraw from trade treaties, and may impose tariffs for ambiguously defined reasons, there are better safeguards in the US against protectionism, which lessens possibility of the US engaging in blatant protectionism.

Under the European Union, according to one scholar, the European Council is “shrouded in politics” and as a result can engage in protectionism without the knowledge or consent of …

Analysis Of Criminal Law Literature A Bibliometric Study From 2010-2019, Jibran Jamshed Mr., Salman Naeem Dr., Khurshid Ahmad

Library Philosophy and Practice (e-journal)

The purpose of this research paper is to present a quantitative analysis of the Criminal Law Literature published from 2010 to 2019.

Design/Methodology: The Institute of Scientific Information (ISI) Web of Science database was used as a source for extracting the data of published documents during the period 2010-2019. The analysis of the published literature was based on the following indicators: research productivity of each country, annual publications, annual citations, highly cited articles, highly cited law journals, most productive institutions in the field of criminal law, and most prolific authors. Research articles, conference proceeding papers, book reviews and editorials …

The Nebraska Transcript, Fall 2020, Vol. 53 No. 2

Nebraska Transcript

Dean's Message - Richard Moberly 1

Professor Anthony Schutz focuses on pedagogy, research as College’s new associate dean for faculty 4

Women Lead 2020 conference spurs attendees to ‘Claim Your Power’ 6

Molly Brummond honored for her outstanding contributions to women 10

John Lenich honored for work with students 12

Bobby Larsen selected as American Constitution Society Next Generation Leader 13

Anna Shavers receives Nebraska Bar Association 2020 Diversity Award 13

Sullivan’s Tenant Assistance Project represents renters facing eviction 14

Alumni, Tenant Assistance Project, a projected conceived by alumna Mindy Rush Chipman, ’07, and professor Ryan Sullivan, ’10, honored with …

The State Of Altmetrics: A Tenth Anniversary Celebration, Kathy Christian, Euan Adie, Gemma Derrick, Fereshteh Didegah, Paul Groth, Cameron Neylon, Jason Priem, Shenmeng Xu, Zohreh Zahedi, Yin-Leng Theng, Saeed-Ul Hassan, Naif R. Aljohani, Timothy D. Bowen, Vanesh M. Patel, Robin Haunschild, Lutz Bornmann, Mike Taylor, Liesa Ross, Stacy Konkiel

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Altmetric’s mission is to help others understand the influence of research online.We collate what people are saying about published research in sources such as the mainstream media, policy documents, social networks, blogs, and other scholarly and non-scholarly forums to provide a more robust picture of the influence and reach of scholarly work. Altmetric works with some of the biggest publishers, funders, businesses and institutions around the world to deliver this data in an accessible and reliable format.

Contents

Altmetrics, Ten Years Later, Euan Adie (Altmetric (founder) & Overton)

Reflections on Altmetrics, Gemma Derrick (University of Lancaster), Fereshteh Didegah (Karolinska Institutet …

Colorado V. Connelly: Free Will And Rational Intellect No Longer Important Constitutional Considerations, Andrew N. Benefiel

Nebraska Law Bulletin (Selected Issues)

In Colorado v. Connelly the Supreme Court precluded a finding that a confession was involuntary absent coercive police activity, drastically narrowing the inquiry into voluntariness.

Real Due Process Or Charades Due Process For Economic Regulation? A Simple Textual Interpretation Of The Due Process Clause, Dustin Romney

Nebraska Law Bulletin (Selected Issues)

Much has been written and debated about due process. In my view, most of the literature looks past the simple deductions arising from the text; that due process must have reason and objectivity; that liberty and property are best defined by sic utere; that the word “law” in the due process clause cannot logically mean any statute the legislature passes; and finally, that the separation of powers demands that judges, not legislatures, make and enforce these determinations. Even more simply, since the Court has never officially abandoned rational basis, it should stop using the phrase as a prop in a …

Open Is Not Forever: A Study Of Vanished Open Access Journals, Mikael Laakso, Lisa Matthias, Najko Jahn

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The preservation of the scholarly record has been a point of concern since the beginning of knowledge production. With print publications, the responsibility rested primarily with librarians, but the shift towards digital publishing and, in particular, the introduction of open access (OA) have caused ambiguity and complexity. Consequently, the long-term accessibility of journals is not always guaranteed, and they can even disappear from the web completely. The purpose of this exploratory study is to systematically study the phenomenon of vanished journals, something that has not been done before. For the analysis, we consulted several major bibliographic indexes, such as Scopus, …

Research 4.0: Research In The Age Of Automation, Rob Procter, Ben Glover, Elliot Jones

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Executive Summary

There is a growing consensus that we are at the start of a fourth industrial revolution, driven by developments in Artificial Intelligence, machine learning, robotics, the Internet of Things, 3-D printing, nanotechnology, biotechnology, 5G, new forms of energy storage and quantum computing. This wave of technical innovations is already having a significant impact on how research is conducted, with dramatic change across research methods in recent years within some disciplines, as this project’s interim report set out.

Whilst there are a wide range of technologies associated with the fourth industrial revolution, this report primarily seeks to understand what …

Open Access: An Analysis Of Publisher Copyright And Licensing Policies In Europe, 2020, Chris Morrison, Jane Secker, Brigitte Vézina,, Ignasi Labastida I Juan, Vanessa Proudman

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This report investigates the copyright retention policy amongst publishers, self-archiving policies and records publisher policies on open licensing, also as relating to the Plan S requirements on rights and licensing. It should be understood as a snapshot in time informing on the current policy status. It also provides policy development guidance to funders, institutions, publishers and their authors for positive change towards immediate OA.

Over the past decade, Europe has seen a significant growth in activity to establish and advance Open Access (OA) policies, this includes the relatively recent formation of the funder coalition, cOAlition S, and its Plan S …

The State Of Journal Production And Access 2020: Report On Survey Of Society And University Publishers

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“The State of Journal Production and Access” survey ran between March and June 2020 and received 63 responses from individuals working with academic organizations that publish one or more peer-reviewed journals independently (i.e., not outsourced to a separate publisher). The survey encompassed questions in two areas: 1. journal production, including article formatting, layout, and metadata tagging practices and priorities; and 2. journal access, including publishers’ current access and funding models as well as respondents’ perceptions of the viability of alternate options. Among the main findings on the topic of journal production were: • Less than half of publishers surveyed reported …

A List Of Zea Books, Published By University Of Nebraska-Lincoln Libraries, Zea Books

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94 published titles (2005-2020), plus 1 forthcoming this fall.

Zea Books are produced by the Office of Scholarly Communications, and published by the University of Nebraska-Lincoln Libraries.

With links to online pdf editions and Lulu.com print-on-demand online storefront.

Zea Books are online at https://digitalcommons.unl.edu/zeabook/

Print-on-demand editions are available @ http://www.lulu.com/spotlight/unllib

Progress In Activities Of Wds-China Data Centers, Juanle Wang, Kun Bu, Yanjie Wang, Yating Shao

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The World Data System (WDS) plays an important role in promoting global scientific data management, exchange, and sharing. There are 8 WDS data centers in mainland China including study areas of astronomy, space science, global change, renewable resources and environmental, cold and dry regions, microbiology, geophysics, and the ocean. This paper summarizes the current status of the WDS China data centers, along with their major progress in recent years. This progress includes a clearinghouse for metadata exchange, research data archival, historical data saving, international data exchange, data publishing models, CoreTrustSeal certification, open repositories for the scientific community, science popularization services, …

Antiracism Toolkit For Allies

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While a growing awareness of racial disparities has resulted in a groundswell of support for inclusivity in scholarly publishing, we believe that the resulting initiatives would be more effective if our professional associations were able to provide training materials to help transform our workplaces and organizational cultures. As evidence of the interest and need, the project leaders of this guide have been contacted by individuals across scholarly publishing asking for resources about how to replicate workplace equity groups, what to do in cases of discrimination or microaggressions, and how to begin conversations about race. In support of necessary change, the …

Accessibility In Institutional Repositories, Laura Waugh, Colleen Lyon, Abigail Shelton, Kristi Park, William Hicks, Nerissa Lindsey

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Purpose

Institutional repositories (IRs) are widely used for archiving, preserving, and disseminating scholarly works and making them available on the web. Much of the research and development in IRs has focused on platforms, workflows, and policies for adding content. In this study, the focus is to gauge practices to ensure accessibility of the digital content made available in IRs.

The purpose of this study is to:

1. Understand the current landscape of accessibility practices in institutional repositories in academic libraries.

2. Identify the average level of content accessibility implemented in institutional repositories in academic libraries.

For the purpose of this …

Labour Of Love: An Open Access Manifesto For Freedom, Integrity, And Creativity In The Humanities And Interpretive Social Sciences, Andrea E. Pia, Simon Batterbury, Agnieszka Joniak-Lüthi, Marcel Laflamme, Gerda Wielander, Filippo M. Zerilli, Melissa Nolas, Jon Schubert, Nicholas Loubere, Ivan Franceschini, Casey Walsh, Agathe Mora, Christos Varvantakis

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Over the next decade, Open Access (OA) is likely to become the default in scholarly publishing. Yet, as commercial publishers develop new models for capturing revenue (and as policy initiatives like Plan S remain reluctant to challenge their centrality), researchers, librarians, and other concerned observers are beginning to articulate a set of values that critically engages the industry-driven project of broadening access to specialist scholarship. While alternative genealogies exist, conversations about OA in the Global North have largely been concerned with the model of the STEM disciplines, lately shifting to focus on the development of infrastructural fixes that transcend traditional …

The Legal Obligation Of The Us Government To Protect Asylum Seekers, Joy Karges

Honors Theses

Immigration has always been an important topic of conversation in the United States and around the globe, but the recent surge of migrants at the US southern border has centered the debate around what is often referred to as “illegal immigration”. Some scholars argue that our detention facilities treat migrants as though they were criminals while others say detention facilities are the best way to keep migrants from making the journey to the US and threatening our national security. The purpose of this study is to untangle some of the misunderstandings surrounding immigration from Central America. By assessing some of …

Yard: A Tool For Curating Research Outputs, Limor Peer, Joshua Dull

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Repositories increasingly accept research outputs and associated artifacts that underlie reported findings, leading to potential changes in the demand for data curation and repository services. This paper describes a curation tool that responds to this challenge by economizing and optimizing curation efforts. The curation tool is implemented at Yale University’s Institution for Social and Policy Studies (ISPS) as YARD. By standardizing the curation workflow, YARD helps create high quality data packages that are findable, accessible, interoperable, and reusable (FAIR) and promotes research transparency by connecting the activities of researchers, curators, and publishers through a single pipeline.

Open Access Uptake By Universities Worldwide, Nicolas Robinson-Garcia, Rodrigo Costas, Thed N. Van Leeuwen

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The implementation of policies promoting the adoption of an open science (OS) culture must be accompanied by indicators that allow monitoring the uptake of such policies and their potential effects on research publishing and sharing practices. This study presents indicators of open access (OA) at the institutional level for universities worldwide. By combining data from Web of Science, Unpaywall and the Leiden Ranking disambiguation of institutions, we track OA coverage of universities' output for 963 institutions. This paper presents the methodological challenges, conceptual discrepancies and limitations and discusses further steps needed to move forward the discussion on fostering OA and …