Law Commons^™

With Liberty And Justice For The Wealthy: The Criminalization Of The American Poor, Ashlyn Dickmeyer

Honors Theses

The last phrase of the Pledge of Allegiance states “with liberty and justice for all”. However, not everyone has access to this liberty and justice. Liberty and justice can be bought in this country for a price, and those who can’t afford to pay it are often left in the hands of those who can. One of the most prominent ways to see this is by analyzing the criminal justice system. Despite clauses in the Fourteenth Amendment and court cases like Gideon v. Wainwright (1963) establishing and upholding that the poor are entitled to equal treatment within the criminal justice …

2023 Ag Law Legislative Update, J. David Aiken

Cornhusker Economics

Covers agricultural law legislation in the Nebraska Unicameral in 2023, including LB 401 (Nebraska mesonet system funding), LB 591 (farmland leases), and LB 662 (livestock nuisance lawsuits).

Generative Artificial Intelligence And Copyright Law, Christopher T. Zirpoli

Copyright, Fair Use, Scholarly Communication, etc.

Recent innovations in artificial intelligence (AI) are raising new questions about how copyright law principles such as authorship, infringement, and fair use will apply to content created or used by AI. So-called “generative AI” computer programs—such as Open AI’s DALL-E 2 and ChatGPT programs, Stability AI’s Stable Diffusion program, and Midjourney’s self-titled program—are able to generate new images, texts, and other content (or “outputs”) in response to a user’s textual prompts (or “inputs”). These generative AI programs are “trained” to generate such works partly by exposing them to large quantities of existing works such as writings, photos, paintings, and other …

Fog Of War: How The Ukraine Conflict Transformed The Cyber Threat Landscape, Threat Analysis Group (Tag), Mandiant, Google Trust & Safety

Copyright, Fair Use, Scholarly Communication, etc.

One year ago, Russia invaded Ukraine. Since then, tens of thousands of people have been killed, millions of Ukrainians have fled and the country has sustained tens of billions of dollars worth of damage. Importantly, this marks the first time that cyber operations have played such a prominent role in a world conflict.

Since the war began, governments, companies, civil society groups, and countless others have been working around the clock to support the Ukrainian people and their institutions. At Google, we support these efforts and continue to announce new commitments and support to Ukraine. This includes a donation of …

Arxiv Annual Report 2022, Cornell Tech

Copyright, Fair Use, Scholarly Communication, etc.

arXiv is a curated research-sharing platform open to anyone. As a pioneer in open access, arXiv.org now hosts more than 2.1 million scholarly articles in eight subject areas, curated by our strong community of volunteer moderators who balance content quality with distribution speed. arXiv provides an article submission portal, a TeX compilation service, search and discovery tools, web distribution for human readers,API access, machine readable data sets, and community-developed tools. Our emphasis on openness, collaboration, and scholarship provides the strong foundation on which arXiv thrives.

Mission — arXiv is an open platform where researchers can share and discover new, relevant, …

Why School Choice Is Necessary For Religious Liberty And Freedom Of Belief, Richard F. Duncan

Nebraska College of Law: Faculty Publications

The government school monopoly for funding K–12 education creates a coercive system that commandeers a captive audience of impressionable children for inculcation in secular ideas, beliefs, and values concerning matters of truth, moral character, culture, and the good life. The brutal bargain imposed on parents by this monopoly requires them to choose between the single largest benefit most families receive from state and local governments and educating their children in a curriculum that is consistent with the preferred educative speech of the parents. To choose the latter is to sacrifice hundreds of thousands of dollars of tax-funded support for K–12 …

Copyright And Racism, Kimber Thomas

Copyright, Fair Use, Scholarly Communication, etc.

Slides on copyright and racism by Dr. Kimber Thomas with an emphasis on United States copyright.

Includes points related to the origin of United States copyright law, original authorship and tangibility requirements, creation of works via oral or visual tradition and knowledge, the useful articles exclusion, and works made for hire.

Prison Libraries, Intellectual Freedom And Social Justice In Nigeria, Olusegun Adebayo Opesanwo, Oluyomi Abidemi Awofeso Phd

Library Philosophy and Practice (e-journal)

This paper deployed a systematic review to examine prison libraries and intellectual freedom towards attaining social justice in Nigeria. Information resources used cover the periods of 2010 and 2020 to articulate the necessary development in prison libraries, intellectual freedom and social justice in Nigeria. Search engines such as Google scholar, Semantic Scholar, and RefSeek were used to retrieve information and through different queries yielded several results but very few of them were selected to fit in the study due to limited studies directed to address the focus of this study particularly in the Nigeria scenario. Information obtained were subjected to …

The ‘Hijacking’ Of The Scandinavian Journal Of Information Systems: Implications For The Information Systems Community [Opinion], Sune Dueholm Müller, Johan Ivar Sæbø

Copyright, Fair Use, Scholarly Communication, etc.

Journal hijacking, which refers to the attempted brand takeover of a journal by a third party, is a nascent threat confronting the information systems (IS) community, as evidenced by cybercriminals having established an online presence, masquerading as the Scandinavian Journal of Information Systems (SJIS). The SJIS hijacking damages the journal's reputation, leads to payment and publication scams, involves identity theft among unsuspecting IS researchers, and results in tarnished author reputations. Beyond SJIS, journal hijacking presents a threat, not only to the IS community, but also to science and academic integrity in general if researchers and readers cannot distinguish between fake …

Court Review: The Journal Of The American Judges Association, Vol. 59, No. 4, Eve M. Brank, David Dreyer, David Prince

Court Review: The Journal of the American Judges Association

Articles

The Role of the Judge in Establishing a VTC, Mishkat Al Moumin, Judge Gayle Williams-Byers, and Amber Menchio

Prospective Jurors’ Attitudes Toward Voir Dire, Wendy P. Heath and Bruce D. Grannemann

Constitutional Losses and (Some) Statutory Wins for Criminal Defendants: Select Criminal Law and Procedure Cases from the Supreme Court’s 2022-23 Term, Eve Brensike Primus and Mark Rucci

Departments

Editor’s Note, David Prince

President’s Column: The American Judges Association--Making Better Judges Since 1959, and Continuing to Lead the Way! Catherine Carlson

Thoughts from Canada: Publication Bans--The Supreme Court of Canada Considers Their Impact Upon the Conflict between the Open …

Court Review: The Journal Of The American Judges Association, Vol. 59, No. 3, Eve M. Brank, David Dreyer, David Prince

Court Review: The Journal of the American Judges Association

Articles

Judicial Discipline, Examining Ethics Oversight for the Highest Levels of Our Least Accountable Branch; David Prince

Civil Cases in the Supreme Court’s October Term 2022; Thomas M. Fisher

Departments

Editor’s Note; David Dreyer

President’s Column: A Legacy of Leadership and Service; Yvette Mansfield Alexander

Thoughts from Canada: Uttering Threats in Canada and the United States, a Comparative Analysis; Wayne K. Gorman

Crossword: Name That Games; Tracy Bennett and Vic Fleming

The Resource Page: Junk Science and the Judicial System; The Elevator Effect; Mindfulness and Judging: Resources for Judges; New Online Database: Judges and the Judiciary: Exploring America's Court System; …

Court Review: The Journal Of The American Judges Association, Vol. 59, No. 2, Eve M. Brank, David Dreyer, David Prince

Court Review: The Journal of the American Judges Association

Articles

Judicial Strategies for Evaluating the Validity of Guilty Pleas; Kelsey S. Henderson, Erika N. Fountain, Allison D. Redlich, and Jason A. Cantone

Courtroom Technology from the Judge’s Perspective: A 2022-23 Update; Fredric I. Lederer

The Science of Children’s Lies (and their Detection): A Primer for Justice Practitioners; Vincent Denault and Victoria Talwar

Jury Trial Innovation Round #2; Judge Gregory E. Mize

Departments

Editor’s Note; David Prince

President’s Column:2023, the Year of Excellence! Yvette Mansfield Alexander

Thoughts from Canada: The Supreme Court of Canada Considers How the “Plain View” Doctrine Applies to Searches of Electronic Devices; Wayne K. Gorman

Crossword:Employment …

Law Libraries And Sustainability Of Judicial Precedent In Nigerian Legal System, Emmanuel Owushi Dr

Library Philosophy and Practice (e-journal)

The study adopted descriptive study to examine law libraries and sustainability of judicial precedent in Nigerian legal system. The population involved legal educators, law librarians and practitioners in four States in different geopolitical zones of Nigeria, namely Rivers State, Lagos State, Benue State, and Anambra State. Due to the large population, the study employed multi-stage of balloting and random sampling techniques to sample 100 respondents each from the selected states. Out of the 400 samples, 389 respondents responded correctly to the questionnaire, indicating a 97.3 percent response rate. A self-designed questionnaire was utilized and means score was used to answer …

Frequently Asked Questions: 2022 Public Access Policy Guidance, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Includes a list of frequently asked questions and answers for the 2022 White House Office of Science and Technology Policy (OSTP) Public Access Policy guidance, including answering questions such as "What is meant by public access to federally funded research?" and "What impact will the policy guidance have on specific business models for scholarly publishing?"

Retrospective And Prospective Study Of The Evolution Of Apc Costs And Electronic Subscriptions For French Institutions, Antoine Blanchard, Diane Thierry, Maurits Van Der Graaf

Copyright, Fair Use, Scholarly Communication, etc.

French Résultats principaux

Coûts 2020

• Dépenses d'abonnement aux périodiques électroniques en 2020: 87,5 M€
• Coûts des APC en 2020: 30,1 M€

Coûts prédits sous l'hypothèse d'une évolution à l'identique des tendances observées:

• Dépenses d'abonnement aux périodiques électroniques en 2030: 97,5 M€
• Coûts des APC en 2030: 50,6 M€

Coûts prédits dans un scenario d'accélération vers le gold OA:

• Coûts des APC en 2030: 68,7 M€

Coûts prédits dans un scenario de hausse du libre accès green et transition du libre accès hybride vers gold:

• Coûts des APC en 2030: 38,5 M€

Coûts prédits pour 90% d'articles d'auteurs correspondants affiliés en …

The Impact Of Library Publishing Through The Lens Of The United Nations Sustainable Development Goals, Marie O'Neill

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

As library publishing programmes expand around the world, reports and research pertaining to standards and workflows have proliferated. This paper calls for library publishing programmes to explore the impact of their pogrammes at local, national and international level in relation to their contribution to open access publishing, EDI agendas and the United Nations Sustainable Development Goals. The presentation highlights the UN's SDG Publishers Compact and argues that the SDGs are an ideal lens through which library publishers could examine their impact as library publishers have a strong publishing record in areas such as gender, education and climate as examples.

Community Forum On The 2022 Ostp Public Access Policy Guidance [Presentation Slides], White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Included:

● Public access background and context

● Summary of the 2022 OSTP Memorandum

● Clarification about the scope of the 2022 OSTP Memorandum

● Timeline for agency adoption of the 2022 OSTP Memorandum

● Agency perspectives: National Aeronautics and Space Administration (NASA), National Institutes of Health (NIH), and Institute of Museum and Library Services (IMLS)

● Questions and answers

The Intersecting And Additive Nature Of Vulnerability: Dehumanizing Or Protecting?, Megan Berry-Cohen

Department of Psychology: Dissertations, Theses, and Student Research

Recent research has examined how extra-legal factors such as emotions and stereotypes impact legal judgment decisions regarding traditionally vulnerable populations. Less work has explored not only what makes a group vulnerable, but how people perceive, interpret, and apply that vulnerability. The current research therefore integrates psychological theory and legal models to understand vulnerability and its implications. Three studies examined the roles of various factors, including dehumanization and empathy, in understanding how people respond to vulnerable individuals in general and then to women who have survived sexual violence.

In Experiment 1, I manipulated sex (female vs. male), age (older: 60 years …

2022 Nebraska Ballot Issues, J. David Aiken

Cornhusker Economics

Three issues will be on the 2022 statewide ballot, one proposed by the Nebraska Unicameral and two added to the ballot by initiative petition. The three issues are: 1) public payments to expand commercial airline service; 2) requiring photo IDs for voting; and 3) increasing the Nebraska minimum wage from $9/hour to $15/hour.

The Emerging Digital Infrastructure For Research In The Humanities, Donald J. Waters

Copyright, Fair Use, Scholarly Communication, etc.

This article advances the thesis that three decades of investments by national and international funders, combined with those of scholars, technologists, librarians, archivists, and their institutions, have resulted in a digital infrastructure in the humanities that is now capable of supporting end-to-end research workflows. The article refers to key developments in the epigraphy and paleography of the premodern period. It draws primarily on work in classical studies but also highlights related work in the adjacent disciplines of Egyptology, ancient Near East studies, and medieval studies. The argument makes a case that much has been achieved but it does not declare …

The Global Publishing Industry In 2021, World Intellectual Property Organization

Copyright, Fair Use, Scholarly Communication, etc.

Mixed forces shaped global publishing activity in 2021. The spread of different COVID-19 variants throughout the world still caused hardship and widespread social distancing. At the same time, the rollout of vaccines helped to contain the pandemic’s impact and enabled a recovery of the global economy, which grew by around 6 percent in 2021. The preliminary release of data from WIPO’s global survey of publishing activity shows that recovery extended to the publishing industry. Still, industry performance varies by country, reflecting the nature of book markets and other local economic forces.

The highest number of books published and deposited in …

The Role Of Law Librarians In Knowledge Based Society; Nigerian Perspective, Ayomide Joy Lala, Okuonghae Nosakhare

Library Philosophy and Practice (e-journal)

Abstract

The term knowledge society depicts societies having a strong reliance on the use of knowledge in varied forms, discovered through technological or scientific research. The explosion of information resources characterized by the information age has contributed significantly to the competitive advantage among nations, companies and societies through the skillful application of knowledge. A major attribute of the knowledge society is the prominent attention given to education, research and development(R&D) for the purpose of scaling up the human capital resources needed to proffer effective solutions to problems. In this regard, the focus of stakeholders is to ensure continuous networking between …

Setting The Stage For The Next Farm Bill Debate, Bradley D. Lubben

Cornhusker Economics

The 2018 Farm Bill is set to expire in September 2023. New farm bill legislation will be needed by then if authority is to be extended for a wide range of programs from farm support to conservation, nutrition assistance, credit, trade promotion, rural development, research and education, and more.

The agricultural committees in Congress have already held initial hearings and many agricultural and other interest groups have noted their policy priorities. However, formal debate on a new farm bill is not expected to begin in earnest until early 2023 when a new session of Congress convenes.

While the formal debate …

Flint Michigan Drinking Water Crisis, J. David Aiken

Cornhusker Economics

Briefly covers the Flint, Michigan drinking water crisis including providing some background, a timeline of events, and key takeaways from the perspective of public policy.

This article was originally prepared for distribution to students in Aiken's AECN 357 environmental and natural resources law course.

Memorandum For The Heads Of Executive Departments And Agencies, August 25, 2022: Ensuring Free, Immediate, And Equitable Access To Federally Funded Research, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

This memorandum provides policy guidance to federal agencies with research and development expenditures on updating their public access policies. In accordance with this memorandum, OSTP recommends that federal agencies, to the extent consistent with applicable law:

1. Update their public access policies as soon as possible, and no later than December 31, 2025, to make publications and their supporting data resulting from federally funded research publicly accessible without an embargo on their free and public release;

2. Establish transparent procedures that ensure scientific and research integrity is maintained in public access policies; and,

3. Coordinate with OSTP to ensure equitable …

Scotus Invalidates Obama Clean Power Plan, J. David Aiken

Cornhusker Economics

On June 30, 2022, the Supreme Court of the United States (SCOTUS) ruled in the case of West Virginia v. EPA that the US Environmental Protection Agency (EPA) could not implement the 2016 Obama administration Clean Power Plan (CPP). This article briefly discusses the CPP, the CPP litigation, the Court's opinion in West Virginia v. EPA, and what the decision means for Biden administration climate policy.

The Nebraska Criminal Law Practitioner’S Guide To Representing Non-Citizens In State Court Proceedings, 2022 Edition, Kevin Ruser

The Nebraska Criminal Law Practitioner's Guide to Representing Non-Citizens in State Court Proceedings

I promised myself after I did the long-overdue 2021 revisions to this Guide that I would try my dead level best to do annual updates. Here are the 2022 updates to my Guide.

The updates are not as major as the 2021 updates were. Nevertheless, there have been several important developments to the area of crimmigration law since last year, and I have incorporated those changes into this year’s version of my Guide. Additionally, my thinking continues to evolve on various issues, and this year’s version of the Guide includes that ongoing analysis. Finally, my faithful proofreaders/editors, Deanna Lubken and …

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2022

Nebraska Transcript

Dean's Message

Remembering Anna Williams Shavers 4

Sold-out Women Lead event empowers leaders 9

Reward outweighs risk at Lavender Legal Center 12

LaChandra Pye, '09, named multicultural homecoming nominee 14

Nebraska Legal Diversity Council founded 16

Sullivan recognized for work on Tenant Assistance Project 18

Children’s Justice Attorney Education Program selects inaugural Fellows 20

White House, Attorney General recognize Tenant Assistance Project 22

Faculty Notes 24

Matthew Schaefer named Clayton Yeutter Chair 32

Student team wins regional patent application drafting competition 34

Three faculty earn professorships: Kristen Blankley, Jessica Shoemaker, Adam Thimmesch 35

Housing Justice Program offers array of opportunities …

Reply To Response By Fbi Laboratory Filed In Illinois V. Winfield And Affidavit By Biederman Et Al. (2022) Filed In Us V. Kaevon Sutton (2018 Cf1 009709), Susan Vanderplas, Kori Khan, Heike Hofmann, Alicia Carriquiry

Department of Statistics: Faculty Publications

1 Preliminaries

1.1 Scope

The aim of this document is to respond to issues raised in Federal Bureau of Investigation¹ and Alex Biedermann, Bruce Budowle & Christophe Champod.²

1.2 Conflict of Interest

We are statisticians employed at public institutions of higher education (Iowa State University and University of Nebraska, Lincoln) and have not been paid for our time or expertise when preparing either this response or the original affidavit.³ We provide this information as a public service and as scientists and researchers in this area.

1.3 Organization

The rest of the document precedes as follows: we begin …

Ithaka S+R Us Faculty Survey 2021, Melissa Blankstein

Copyright, Fair Use, Scholarly Communication, etc.

The Ithaka S+R US Faculty Survey has tracked the changing research, teaching, and publishing practices of faculty members within higher education triennially since early digital transformation at the turn of the century. This project has aimed to provide actionable findings to help colleges and universities, among other relevant stakeholders such as academic libraries, learned societies, and scholarly publishers, make evidence-based decisions for their planning and strategy. Against the backdrop of the global pandemic and its numerous impacts to many different facets of higher education, this eighth cycle of the survey once again queried faculty nationally on topics such as scholarly …