Law Commons^™

San Francisco Declaration On Research Assessment (Dora), The American Society For Cell Biology

Copyright, Fair Use, Scholarly Communication, etc.

There is a pressing need to improve the ways in which the output of scientific research is evaluated by funding agencies, academic institutions, and other parties.To address this issue, a group of editors and publishers of scholarly journals met during the Annual Meeting of The American Society for Cell Biology (ASCB) in San Francisco, CA, on December 16, 2012. The group developed a set of recommendations, referred to as the San Francisco Declaration on Research Assessment. We invite interested parties across all scientific disciplines to indicate their support by adding their names to this Declaration. The outputs from scientific research …

The Nebraska Transcript 45:2, Fall 2012

Nebraska Transcript

Dean’s Message 2

Faculty Updates

Profile: Rob Denicola 4

Potuto Gives Chancellor’s Distinguished Lecture 6

Faculty Notes 8

Berger Receives Tenure 15

Schutz Granted Tenure 21

Shoemaker Joins Faculty 28

Stohs Opens Entrepreneurship Clinic 29

Thimmesch Joins Faculty 30

Feature: Client Counseling Competition Champions 31

Around the College

Bresel Experiences on Capitol Hill 38

Externships 39

Department of Defense Externship 42

Hilgers Joins Career Services 44

Big Ten Law Deans Meet at College 45

Karlan Delivers Lane Lecture 46

Laurin Lectures on Roberts Court 48

Admissions Report 50

Baughman Joins Admissions Office 52

Student Accolades 53

Students Volunteer at Voices …

Validation Of Pcr-Based Assays And Laboratory Accreditation For Environmental Detection Of Aquatic Invasive Species, Invasive Species Advisory Committee

National Invasive Species Council

This white paper provides:

a) Background information on the use, accuracy and reliability of PCR-based assays such as environmentally sampled DNA (eDNA) for early detection of aquatic invasive species (AIS) and;

b) Recommendations for establishing a system for validating assays and accrediting laboratories that report on the presence or absence of AIS.

This white paper was developed by the members of ISAC and discusses the need for developing validation requirements for Polymerase Chain Reaction (PCR) and other DNA-based molecular assays that are increasingly being used to detect AIS. It does not provide a simplified checklist for evaluation of their ability …

Invasive Species And E-Commerce, Invasive Species Advisory Committee

National Invasive Species Council

ISSUE

Internet commerce (hereafter e-commerce) is a growing and vital part of the United States economy. Total e-commerce sales in the United States for 2011 totaled $194 billion, an increase of 16% over 2010. From 2002 to 2011, the proportion of reported e-commerce sales in the U. S. grew from about 1.4% to 5.5% of total retail sales (United States Census Bureau News 2012). Globally, e-commerce is expected to increase at a rate of 13.5% annually, amounting to $1.4 trillion in yearly sales by 2015 (Enright 2011). A portion of this activity includes the sale and trade of living organisms. …

The Nebraska Transcript, Spring 2012, Vol. 45 No. 1

Nebraska Transcript

Dean’s Message 2

Faculty News

Profile: Roger Kirst 4

Schmid Law Library Faculty 6

Faculty Notes 8

Profile: Brank’s Return 16

Feature: Senator Mike Flood 18

Around the College

Warren Transitions to Admissions 21

Clinics Provide Lessons in Immediacy 22

CSO Report: Exploring Opportunities 26

Willborn Portrait Unveiled 27

A Perfect Storm 28

LL.M Report: Final NASA Grant Repor 32

Perry Fuller Lecturer: Thomas Crisham 38

The Tragedy of William Jennings Bryan 39

Winter 2011 Commencement 40

Connect with Us! 43

Our Alumni

Dean Poser’s Travels 44

2011 Alumni Master: Eartha Johnson 45

Stejskal: FBI Probe on Illegal Steroid Usage …

Towards 'Flags Of Convenience' In Space?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

With the increasing privatization of outer space activities, the issue of appropriate national licensing thereof and the consequent risks of cheap 'flags of convenience' being sought for the purpose is becoming more relevant. The paper assesses the possibility of such 'flags of convenience' arising in the context of space activities, as well as what could be done about it, all with reference to the law of the sea where the concept originally was coined.

The Historical, Jurisprudential, And Empirical Wisdom Of Parental Responsibility Laws, Eve M. Brank, Leroy Scott

Department of Psychology: Faculty Publications

The parent-child relationship is woven deep within historical and contemporary culture, but strong retributive ideals have led to blaming parents because of their presumed vicarious role in juvenile crime. The current article will discuss the history, forms, legal challenges, and empirical research related to parental involvement laws in the United States. The parent-child relationship provides the historical framework behind the separate juvenile justice parens patriae system; however, with the juvenile justice system not as successful as originally imagined, blame has shifted to the parents. We examine the potential constitutional implications of enacting and enforcing parental involvement statutes and ordinances and …

Expanding Public Access To The Results Of Federally Funded Research, Joan Giesecke

Copyright, Fair Use, Scholarly Communication, etc.

The complete collection of articles resulting from publicly funded research should be made freely accessible, so that the public can fully use them – (i.e. text mine, data mine, compute on them, create derivative works) without commercial restriction.

Public access policies can be successfully implemented by respecting and working within the current copyright framework.

The federal government is the appropriate entity to provide permanent stewardship of these articles, and is in a unique position to ensure that publicly funded articles are permanently preserved, made accessible, and useable.

Publishers are one player that might be encouraged to participate in public/private partnership …

Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef

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

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.

In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …

American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody

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

This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.

Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample Surveys: The Willingness Of An American Community To Increase Taxes, Alan Tomkins, Rick D. Hoppe, Mitch Herian, Lisa M. Pytlikzillig, Tarik Abdel-Monem, Nancy Shank

Lisa PytlikZillig Publications

Regular public input into a city's budget is frequently associated with municipal budgeting in Brazilian cities, successes in public engagement that have been emulated around the world. American communities are adopting the practice to varying degrees. This paper will report on a five-year old public input program that is taking place in Lincoln, Nebraska, the capital city of a politically conservative state in the U.S. We discuss the processes we use to engage the public about the City's budget. The process includes regular online input as well as face-to-face, deliberative discussions. On occasions, random sample surveys also have been used. …

Discussion On The Paper By Neumann, Evett And Skerrett, Michael J. Saks, Ashley M. Votruba

Department of Psychology: Faculty Publications

Neumann, Evett, and Skerrett have made a major contribution to the art and science of fingerprint identification. This is an important—perhaps historic—step forward in the intellectual history of fingerprint identification and perhaps other fields of pattern matching forensic science. Their work deals ingeniously with the elusive problem of placing forensic identification on an empirically sound, quantitative foundation.

Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandra Zellmer, Robert Glicksman

Nebraska College of Law: Faculty Publications

The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the nation's surface water bodies. The Act’s adoption was spurred largely by the perception that unchecked pollution had caused the degradation of those waters, making them unsuitable for uses such as fishing and swimming. At the time Congress passed the statute, however, some lakes, rivers, and streams had water quality that was better than what was needed to support these uses. An important question was whether the statute would limit discharges with the potential to impair these high quality waters. EPA’s anti-degradation policy sought to ensure …

Sarbanes-Oxley's Whistleblower Provisions: Ten Years Later, Richard Moberly

Nebraska College of Law: Faculty Publications

Whistleblower advocates and academics greeted the enactment of the Sarbanes-Oxley Act's whistleblower provisions in 2002 with great acclaim. The Act appeared to provide the strongest encouragement and broadest protections then available for private-sector whistleblowers. It influenced whistleblower law by unleashing a decade of expansive legal protection and formal encouragement for whistleblowers, perhaps indicating societal acceptance of whistleblowers as part of a broader law enforcement strategy. Despite these successes, however, Sarbanes-Oxley's greatest lesson derives from its two most prominent failings. First, over the last decade, the Act did not sufficiently protect whistleblowers who suffered retaliation. Second, despite the massive increase in …

Bird Red List And Its Future Development In Mongolia, Sundev Gombobaatar, D. Samiya, Jonathan M. Baillie

Erforschung biologischer Ressourcen der Mongolei / Exploration into the Biological Resources of Mongolia, ISSN 0440-1298

With the involvement of the World Bank, Zoological Society of London, Dutch Government and National University of Mongolia, the volumes of Mongolian Red Lists of Fish, Amphibians and Reptiles, Birds and Mammals were completed, and Mongolia is now among the few nations that have up-to-date conservation assessments for all vertebrates. Of the 476 assessed native bird species of Mongolia, 10% were categorized as regionally threatened including Near Threatened. A further 0.6% were categorized as Critically Endangered (CR), 1.7% as Endangered (EN), 3.3% as Vulnerable (VU), and 4.4% as Near Threatened (NT). Almost 90% of Mongolian birds are categorized as Least …

Contradictio In Terminis Or Realpolitik? A Qualified Plea For A Role Of 'Soft Law' In The Context Of Space Activities, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Discusses the issue of 'soft law' in the context of space activities, the characteristics of 'law' and '(international) space law,' the role of 'law' per se in the context of space activities, the use of qualified language in legal documents (including clauses beginning with words like should or may).

It is finally submitted that, while never losing sight of the benefits of a clear and coherent legal framework probably still best reflected through a treaty regime, in the arena of space activities there is considerable benefit from such mechanisms usually labelled 'soft law', whether in the context of customary …

Another Additional To National Space Legislation: The Austrian Outer Space Act, Adopted 6 December 2011, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

On December 6, 2011, the Austrian Parliament unanimously adopted the Bundesgesetz über die Genehmigung von Weltraumaktivitäten und die Einrichtung eines Weltraumregisters (Weltraumgesetz), or Austrian Space Act. Thus, Austria became the sixth EU member state and one of more than a dozen states globally adopting a comprehensive national act focusing on national activities related to or in outer space, and more specifically the prospect of fundamental private participation therein. Following the same analytical approach as with regard to the Swedish, UK, South African, Russian, Australian, Ukrainian, Norwegian, Brazilian, and Dutch national space acts, the present paper will analyze this most …

A Tale Of Two Oceans: Governance Of Terrestrial And Outer Space “Global Commons”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The governance of outer space is a key factor in determining whether that area will continue to remain open for scientific and other peaceful activities for the benefit of all mankind. At the same time, it is widely recognized that such governance is far from comprehensively realized as of today, and to the extent it does exist moreover, challenged by major developments, in particular in the area of private participation to space activities.

Taking such developments into account, efforts to further develop a proper system of governance for outer space often look for help to other existing, often more elaborated …

Potential For Self-Reporting Of Older Adult Maltreatment: An Empirical Examination, Eve M. Brank, Lindsey E. Wylie, Joseph A. Hamm

Nebraska College of Law: Faculty Publications

This Article examines state statutes providing for the mandatory reporting of older adult maltreatment. These statutes are important in protecting older adults from potential victimization at the hands of both formal and informal caregivers. Nevertheless, Professor Brank, Ms. Wylie, and Mr. Hamm argue that these statutes undermine older adults’ autonomy and individual decision making because the statutes are modeled off the parens patriae framework of child maltreatment statutes. The authors believe these statutes effectively disempower older adults because older adults, unlike children, should be considered competent decision makers unless adjudicated otherwise. The authors contend that this system is the product …

Libguide For Copyright, Paul Royster

Copyright, Fair Use, Scholarly Communication, etc.

I. Can I use this material in a paper/article/project ?

II. Can I use this material for teaching a course ?

III. How do I get/keep copyright protection for my work ?

Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance

Fourth Annual Interdisciplinary Conference on Human Trafficking, 2012

This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.

We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …

Amendment Of Articles 8, 9, 10, 21 And 78 Of The International Code Of Zoological Nomenclature To Expand And Refine Methods Of Publication, International Commission On Zoological Nomenclature

Copyright, Fair Use, Scholarly Communication, etc.

The International Commission on Zoological Nomenclature has voted in favor of a revised version of the amendment to the International Code of Zoological Nomenclature that was proposed in 2008. The purpose of the amendment is to expand and refine the methods of publication allowed by the Code, particularly in relation to electronic publication. The amendment establishes an Official Register of Zoological Nomenclature (with ZooBank as its online version), allows electronic publication after 2011 under certain conditions, and disallows publication on optical discs after 2012. The requirements for electronic publications are that the work be registered in ZooBank before it is …