Law Commons^™

Pubfair: A Distributed Framework For Open Publishing Services. Version 2, November 27, 2019, Tony Ross-Hellauer, Benedikt Fecher, Kathleen Shearer, Eloy Rodrigues

Copyright, Fair Use, Scholarly Communication, etc.

Over the last thirty years, digitally-networked technologies have disrupted traditional media, turning business models on their head and changing the conditions for the creation, packaging and distribution of content. Yet, scholarly communication still looks remarkably as it did in the pre-digital age. The primary unit of dissemination remains the research article (or book in some disciplines), and today’s articles still bear a remarkable resemblance to those that populated the pages of Oldenburg’s Philosophical Transactions 350 years ago. In an age of such disruptive innovation, it is striking how little digital technologies have impacted scholarly publishing; and this is also somewhat …

Federal Research: Additional Actions Needed To Improve Public Access To Research Results, John Neumann

Copyright, Fair Use, Scholarly Communication, etc.

Why GAO Did This Study --Research and development helps catalyze breakthroughs that improve the overall health and wellbeing of our society. Federal research and development expenditures averaged about $135 billion annually for fiscal years 2015 to 2017. According to OSTP, providing free public access to federally funded research results can improve both the impact and accountability of this important federal investment. In February 2013, OSTP directed federal agencies with more than $100 million in annual research and development expenditures to develop a plan to support increased public access to the results of federally funded research.

GAO was asked to examine …

Script, Bruning Lecture University Of Nebraska College Of Law, Bob Kerrey

Nebraska Law Bulletin (Selected Issues)

Transcript of the address given by former United States Senator and former Nebraska Governor Bob Kerrey during the Attorney General Jon Bruning Public Service Lecture Series presented on October 17, 2019 at the University of Nebraska College of Law. Senator Kerrey is sharing the original Lecture script with the Nebraska Law Review Bulletin so that law students and members of the public alike may be inspired by the lessons we may take from his observations of the important ways the law influences our society.

Open Access: Could Defeat Be Snatched From The Jaws Of Victory?, Richard Poynder

Copyright, Fair Use, Scholarly Communication, etc.

When news broke early in 2019 that the University of California had walked away from licensing negotiations with the world’s largest scholarly publisher (Elsevier), a wave of triumphalism spread through the OA Twittersphere. The talks had collapsed because of Elsevier’s failure to offer UC what it demanded: a new-style Big Deal in which the university got access to all of Elsevier’s paywalled content plus OA publishing rights for all UC authors – what UC refers to as a “Read and Publish” agreement. In addition, UC wanted Elsevier to provide this at a reduced cost.1 Given its size and influence, UC’s …

Florida’S Public Records Law: Its Role In A Tragedy During Hurricane Irma, Patrick Sheehan

College of Journalism and Mass Communications: Theses

The Facts:On September 10, 2017, Hurricane Irma made landfall in Florida, and wreaked havoc across the state causing structural damage, flooding, and power outages. Among those effected by the power outage was the Hollywood Hills Rehabilitation Center, a nursing home in Hollywood, Florida. In preparation of the impending storm, the governor of Florida, Rick Scott, held “teleconference calls (Spencer, Kennedy, Licon, & Associated Press, 2018),”with nursing home and hospital officials, as well as emergency managers. During these conference calls, Scott gave top nursing home executives his personal cell phone number and told these executives should they experience any issues, they …

The Fair Open Access Breakdown Of Publication Services And Fees, Fair Open Access Alliance, Saskia De Vries

Copyright, Fair Use, Scholarly Communication, etc.

The Fair Open Access Alliance (FOAA) is pleased to present its Breakdown of Publication Services and Fees. A few years ago, FOAA invited several publishers and platforms in a consortium to formulate a response to the ORE call. Members of that group continued to meet informally to discuss the future of academic publishing in Fair Open Access. Specifically, discussions between FOAA and these individual publishers centered on identifying a set of service baskets that could group the various service components provided by an academic publisher, in the context of the price transparency requirement set forth by Plan S. Based on …

A Roadmap For Action: Academic Community Control Of Data Infrastructure, Sparc, Claudio Aspesi, Nicole Allen, Raym Crow, Shawn Daugherty, Heather Joseph, Joseph Mcarthur, Nick Shockey

Copyright, Fair Use, Scholarly Communication, etc.

The need for academic institutions to act to retain control of infrastructure, data and data analytics is here to stay. It is critical for academic leaders to acknowledge that data and its uses play a central role in the operations and the future of their institutions, and take control of how it is managed as a strategic asset.

The time to act is now. Many of the actions outlined in the Risk Mitigation section of this roadmap can be taken relatively quickly, and many institutions already have a head start on these processes in response to GDPR or other requirements. …

A “Spoonful Of Sugar” Won’T Make This Go Down: Analyzing The Enforceability Of Automatic Carpet Cleaning Clauses In Nebraska (Comment), Sarah A. Wetzel

Nebraska Law Bulletin (Selected Issues)

Nebraska’s case law on security deposits is sparse, leaving its security deposit statute relatively untouched, and ripe for interpretation. Nebraska should follow the lead of Iowa and Ohio courts to find that such provisions are unenforceable because they reduce the landlord’s burden of providing an itemization of damages that justifies the money withheld. And, while freedom of contract should generally be supported, as seen in Indiana, landlords should not be able to contractually demand that tenants return a dwelling unit in the same or better condition as when they took possession.

Nebraska’s landlord-tenant statutes should ultimately be interpreted to bar …

The Nebraska Transcript, Fall 2019, Vol. 52 No. 2

Nebraska Transcript

1 Dean's Message

2 Faculty Notes

6 Lenich retirement — Lenich retires after 35 years of service: Professor John Lenich reflects on his 35-year career at the College of Law.

10 Moberly named interim executive vice chancellor

11 Shavers named College's acting dean — Shavers appointed acting dean: Professor Anna Shavers serves as acting dean during Richard Moberly’s time as UNL’s interim executive vice chancellor

12 Jessica Shoemaker spends year as a Fulbright Chair in Canada— Shoemaker reflects on her year as a Fulbright Scholar: Professor Jessica Shoemaker spent the 2018-2019 academic year as the Fulbright Canada Research Chair in …

Building Infrastructure For African Human Genomic Data Management, Ziyaad Parker, Suresh Maslamoney, Ayton Meintjes, Gerrit Botha, Sumir Panji, Scott Hazelhurst, Nicola Mulder

Copyright, Fair Use, Scholarly Communication, etc.

Human genomic data are large and complex, and require adequate infrastructure for secure storage and transfer. The NIH and The Wellcome Trust have funded multiple projects on genomic research, including the Human Heredity and Health in Africa (H3Africa) initiative, and data are required to be deposited into the public domain. The European Genome-phenome Archive (EGA) is a repository for sequence and genotype data where the data access is controlled by access committees. Access is determined by a formal application procedure for the purpose of secure storage and distribution, and must be in line with the informed consent of the study …

Utilization Of Social Media In Giving Information Related To Activities And Performance Of Legislative Members (-A Case Study Of Women Legislative Members In The Aceh People's Representative Council (Dpra), Ainol Mardhiah, Dadang Rahmat Hidayat, Agus Rahmat, Nuryah Asri Sjafirah

Library Philosophy and Practice (e-journal)

The existence of communication media cannot be separated from everyday human life today. Social media provides extraordinary benefits for members of Aceh House of Representatives (DPRA) to get closer to its people. The use of social media to socialize the performance of board members, absorb aspirations and information from the public. The qualitative research method and the case study approach used in this study, this study intends to describe the use of social media in providing information related to the activities and performance of women legislative members in the DPRA in carrying out political communication in Aceh's local parliament. The …

Documenting Land-Combustion And Progressive Law Enforcement In Indonesia, Helmi Helmi, Hartati Hartati, Hafrida Hafrida, Indriya Fathni, Harry Setya Setya Nugraha, Johni Najwan

Library Philosophy and Practice (e-journal)

The right to obtain a good and healthy environment is a constitutional right of citizens expressly regulated in the 1945 Constitution of the Republic of Indonesia. However, this right has not been fully felt due to forest and land burning activities that occur every year in Sumatra and Kalimantan. For this reason, a condition for law enforcement is needed to solve the problem. This study basically answered two questions on how important is progressive law enforcement in burning forests? What is the concept of progressive law enforcement as intended?. Therefore, the findings stated that first, progressive law enforcement on forest-burning …

Documenting Legal Protection Of Indigenous Forests In Realizing Indigenous Legal Community Rights In Jambi Province, Helmi Helmi, Hafrida Hafrida, Fitria Fitria, Johni Najwan

Library Philosophy and Practice (e-journal)

Inauguration for the establishment of customary forests is a form of legal protection for the right management of indigenous people in Indonesia included in Jambi Province. The Forestry Law and government regulations as derivative products do not mention the legal form of establishing customary forests in Indonesia. While the Minister of Environment and Forestry's Regulation on Social Forestry, Forest Rights, Recognition and Protection of Local Wisdom in the Management of Natural Resources and the Environment confirms the legal form are called as the minister's decree. When it is associated with the nature of regional autonomy in accordance with the 1945 …

Towards Standard Information Privacy, Innovations Of The New General Data Protection Regulation, Ali Alibeigi, Abu Bakar Munir, Md Ershadulkarim, Adeleh Asemi

Library Philosophy and Practice (e-journal)

Protection of personal data in recent decades became more crucial affecting by emergence of the new technologies especially computer, internet, information and communications technology. However, Europeans felt this necessity at time and provided for up-to-date and supportive laws. The General Data Protection Regulation (GDPR) is the latest legislation in EU to protect personal data of individuals based on the recent technological advancements. However, its’ domestic and international output still is debatable. This doctrinal legal study by using descriptive methods, aimed to evaluate the GDPR through analyzing and interpreting its’ provisions by especial focus on its’ innovations. The results show that …

A Discussion Of Value Metrics For Data Repositories In Earth And Environmental Sciences, Cynthia Parr, Corinna Gries, Margaret O’Brien, Robert R. Downs, Ruth Duerr, Rebecca Koskela, Philip Tarrant, Keith E. Maull, Nancy Hoebelheinrich, Shelley Stall

Copyright, Fair Use, Scholarly Communication, etc.

Despite growing recognition of the importance of public data to the modern economy and to scientific progress, long-term investment in the repositories that manage and disseminate scientific data in easily accessible-ways remains elusive. Repositories are asked to demonstrate that there is a net value of their data and services to justify continued funding or attract new funding sources. Here, representatives from a number of environmental and Earth science repositories evaluate approaches for assessing the costs and benefits of publishing scientific data in their repositories, identifying various metrics that repositories typically use to report on the impact and value of their …

Pubfair: A Framework For Sustainable, Distributed, Open Science Publishing Services, Tony Ross-Hellauer, Benedikt Fecher, Kathleen Shearer, Eloy Rodrigues

Copyright, Fair Use, Scholarly Communication, etc.

Over the last thirty years, digitally-networked technologies have disrupted traditional media, turning business models on their head and changing the conditions for the creation, packaging and distribution of content. Yet, scholarly communication still looks remarkably as it did in the pre-digital age. The primary unit of dissemination remains the research article (or book in some disciplines), and today’s articles still bear a remarkable resemblance to those that populated the pages of Oldenburg’s Philosophical Transactions 350 years ago. In an age of such disruptive innovation, it is striking how little digital technologies have impacted scholarly publishing; and this is also somewhat …

Steering Science Through Output Indicators And Data Capitalism, Ulrich Herb

Copyright, Fair Use, Scholarly Communication, etc.

Since the mid-1920s, a scientist's performance was tracked by using bibliometric information such as the number of publications or their citations. Today, there are unprecedented possibilities for controlling science by analysing data on production and use of scientific information, so that citations only play a subordinate role in the evaluation of science. To illustrate this change, we take a look at the history of the Dutch publishing house Elsevier and its metamorphosis into a research intelligence service provider, because it ideally reflects the new possibilities of logging and controlling science.

Society Publishers Accelerating Open Access And Plan S - Final Project Report, Alicia Wise, Lorraine Estelle

Copyright, Fair Use, Scholarly Communication, etc.

Wellcome, UKRI, and the Association of Learned and Professional Society Publishers (ALPSP) commissioned Information Power Ltd to undertake a project to support society publishers to accelerate their transition to Open Access (OA) in alignment with Plan S and the wider move to accelerate immediate OA. This project is part of a range of activity that cOAlition S partners are taking forward to support the implementation of Plan S principles. 27 business models and strategies that can be deployed by publishers to transition successfully to OA were published. We surveyed society publishers about their experience of and interest in these models, …

Accelerating Scholarly Communication: The Transformative Role Of Preprints, Andrea Chiarelli, Rob Johnson, Emma Richens, Stephen Pinfield

Copyright, Fair Use, Scholarly Communication, etc.

Five take-away messages:

Early and fast dissemination, increased opportunities for feedback and openness are seen as the main benefits of preprints.

The main concerns over preprints are the lack of quality assurance, media potentially reporting inaccurate research and journals rejecting articles if a preprint has been posted.

Twitter has been playing a key enabling role in the current second wave of preprints and preprint servers. It also appears to be the main way researchers are exposed to preprints in the first place.

It is not clear who will be responsible for posting preprints in the long-term – researchers or publishers? …

Government Responses To Disinformation On Social Media Platforms: Argentina, Australia, Canada, China, Denmark, Egypt, European Union, France, Germany, India, Israel, Mexico, Russian Federation, Sweden, United Arab Emirates, United Kingdom, Ruth Levush

Copyright, Fair Use, Scholarly Communication, etc.

Comparative Summary by Ruth Levush, Senior Foreign Law Specialist, Law Library of Congress, Global Legal Research Directorate

Concerns regarding the impact of viral dissemination of disinformation on democratic systems of government, on political discourse, on public trust in state institutions, and on social harmony have been expressed by many around the world. These concerns are shared by countries with advanced economies as well as those with emerging and developing economies.

The term “disinformation” as used in this report refers to “false information deliberately and often covertly spread . . . in order to influence public opinion or obscure the truth.” …

Operationalizing The Big Collective Collection: A Case Study Of Consolidation Vs Autonomy, Lorcan Dempsey, Constance Malpas, Mark Sandler

Copyright, Fair Use, Scholarly Communication, etc.

This is a discussion paper prepared in collaboration with the Big Ten Academic Alliance (BTAA) Library Initiatives. It presents a framework for operationalizing the BTAA collective collection. A collective collection is a collection managed collaboratively across a network of libraries. We have a very specific focus in this paper on the ”purchased” or print collection, acknowledging that other areas of library collections are sometimes managed collectively, digitized collections for example. The BTAA justifiably claims to be the premier academic collaboration in the US. Once described as “the world's greatest common market in education3,” it leverages the combined research and teaching …

A Skidmore-Style Deference For Banking Preemption, John L. Rockenbach

Nebraska Law Bulletin (Selected Issues)

In this paper I argue that courts should give agencies a Skidmore-style deference instead of giving agencies Chevron deference or applying a clear statement rule when the agencies interpret a federal banking law as preempting state law. In Part II, I provide some background for my argument by explaining three standards of deference that a court might apply to an agency determination that state law is preempted and by tracing the most recent Supreme Court case to implicate deference to agencies on preemption. In Part III, I present my argument. I first assert that the two alternatives to Skidmore deference …

Case Closure Among The Lancaster County’S Family Treatment Drug Court: The Role Of Personal Relationships, Chelsey Wisehart, Katherine Hazen, Matthew W. Carlson

Center on Children, Families, and the Law: Faculty Publications

• Parent substance use is the second-leading cause for childrens’ removal from the home in Nebraska (Voices for Children, 2018) with 10-30% being removed again later on (Wulczyn et al., 2007).

• The theory of Therapeutic Jurisprudence suggests using a treatment-oriented approach to reduce recidivism and mitigate the negative psychological effects that the legal system may have on offenders (Fessinger et al., 2018).

• The Judge acts as a team leader for caseworkers and attorneys who use a collaborative approach in the Family Treatment Drug Court (FTDC).

• Team meetings between parents and court professionals include discussion about parents’ progress …

Creating A “Good” Olmstead Plan For People With Serious Mental Illness: An Empirical Evaluation Of The Legal Frameworks, Andrea Avila

Department of Psychology: Dissertations, Theses, and Student Research

Olmstead v. L.C. ex rel Zimring (1999) was a landmark US Supreme Court decision holding that unjustified segregation of people with disabilities is impermissible discrimination; specifically, if the clinician and client believe community integration to be appropriate, the state must have reasonable accommodations in place for the client to be in the community. Enforcement of the Olmstead decision for people with serious mental illness has taken many shapes, from the DOJ’s settlement agreements requiring substantive development of community mental health services and aggressive community integration protocols, to the Third Circuit approach which requires only lower census numbers in the state …

The Law And Accessible Texts: Reconciling Civil Rights And Copyrights, Brandon Butler, Prue Adler, Krista Cox

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

Institutions of higher education (IHEs—colleges, community colleges, and universities) have a mission to provide all students, including those with disabilities (a physical or mental impairment that substantially limits one or more major life activities), with opportunities for a rich, deep, and equitable learning experience, and to provide all researchers with access to a comprehensive and varied collection of information resources to support their work. Several disability rights laws create obligations for IHEs to ensure that students and researchers with disabilities have access to resources, including texts, at a level that is as close as reasonably possible to the …

Indigenous Data Governance: Strategies From United States Native Nations, Stephanie Russo Carroll, Desi Rodriguez-Lonebear, Andrew Martinez

Copyright, Fair Use, Scholarly Communication, etc.

Data have become the new global currency, and a powerful force in making decisions and wielding power. As the world engages with open data, big data reuse, and data linkage, what do data-driven futures look like for communities plagued by data inequities? Indigenous data stakeholders and non-Indigenous allies have explored this question over the last three years in a series of meetings through the Research Data Alliance (RDA). Drawing on RDA and other gatherings, and a systematic scan of literature and practice, we consider possible answers to this question in the context of Indigenous peoples vis-á-vis two emerging concepts: Indigenous …

The Landscape Of Rights And Licensing Initiatives For Data Sharing, Sam Grabus, Jane Greenberg

Copyright, Fair Use, Scholarly Communication, etc.

Over the last twenty years, a wide variety of resources have been developed to address the rights and licensing problems inherent with contemporary data sharing practices. The landscape of developments is this area is increasingly confusing and difficult to navigate, due to the complexity of intellectual property and ethics issues associated with sharing sensitive data. This paper seeks to address this challenge, examining the landscape and presenting a Version 1.0 directory of resources. A multi-method study was pursued, with an environmental scan examining 20 resources, resulting in three high-level categories: standards, tools, and community initiatives; and a …

Media And Repository Support Unit, University Of Nebraska–Lincoln Libraries, Annual Report July 2018–June 2019, Deeann Allison, Linnea Fredrickson, Sue A. Gardner, Richard Graham, Paul Royster, John Wiese, Andrew Cano, Kate Kane, Jennifer L. Thoegersen

Copyright, Fair Use, Scholarly Communication, etc.

Increasingly, libraries are recognizing the importance of providing access to the research output of their universities. In a June 10, 2019, news release from the provosts of the Big Ten Academic Alliance (BTAA) titled “Sustaining Values and Scholarship” (available at https://tinyurl.com/yyu94aa9), they state, “The Big Ten Academic Alliance will continue its advocacy for a sustainable and open ecosystem of publication. . . . Collectively, our institutions’ more than 50,000 faculty are supported by over $10 billion (2017) in research funding, and our institutions have similarly invested significantly in our capacity to further our missions to advance knowledge. Together, we produce …

“A World Not Dependent On Sales: Sustainable, Oa Monograph Publishing”--P2l3 Summary And Next Steps: P2l3 Meeting June 14, 2019, Detroit, Mi, Association Of University Presses, Association Of Research Libraries

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Table of Contents P2L3 Meeting Planning Committee 3 Land Acknowledgment 3 Participants 3 Introduction 5 Presentations 7 Opening Plenary: Generous Thinking Lightning Rounds Promising New Models: MIT and University of Michigan MIT University of Michigan Highlights from Roundtable Discussions 11 Digital Scholarship and Digital Humanities Flipping the Financial Model for Monographs Engaging with Library Communications and Development Next Steps for P2L 13 Endnotes 14

In choosing as its theme a “world not dependent on sales,” the P2L3 Meeting Planning Committee situated P2L in the context of a long-running Andrew W. Mellon Foundation–funded research and innovation agenda on monographs in the …

Appraisal Of Copyright Law Compliance Among Library Personnel In University Libraries In Nigeria, Josiah Chukwumaobi Nworie, Happiness Ogochukwu Nworie, Doris Chinyere Obiano

Library Philosophy and Practice (e-journal)

The study investigated compliance with Copyright Law among library personnel in university libraries in South-West, Nigeria. The purpose of the study was to determine the level of awareness of copyright law by library personnel and level of compliance with copyright law in selected university libraries in South West, Nigeria The study adopted the descriptive survey of the correlational design. The population of study was made up of 117 library personnel in university libraries in South West, Nigeria and the total enumeration technique was adopted, hence there was no sample. Questionnaire was used for data collection. 103 copies of questionnaire were …