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2016

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Creating Space For Silence In Law School Collaborations, A. Rachel Camp Jan 2016

Creating Space For Silence In Law School Collaborations, A. Rachel Camp

Georgetown Law Faculty Publications and Other Works

Law school programs are increasingly expanding collaborative experiences for their students. In many clinical programs, collaboration -- through team pairings and group work – has been the norm, and gradually, collaborative work is being developed throughout the doctrinal law school curriculum. This trend fits within a broader societal emphasis on a collaborative model of working and learning. In both professional and educational settings, collaboration is viewed as critical to the success of ideas and products. Learning theory consistently identifies learning as being “inherently social” and best retained when engaged in with others. And, collaboration can substantially benefit the final work …


Collaborative Academic Library Digital Collections Post- Cambridge University Press, Hathitrust And Google Decisions On Fair Use, Michelle M. Wu Jan 2016

Collaborative Academic Library Digital Collections Post- Cambridge University Press, Hathitrust And Google Decisions On Fair Use, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Academic libraries face numerous stressors as they seek to meet the needs of their users through technological advances while adhering to copyright laws. This paper seeks to explore one specific proposal to balance these interests, the impact of recent decisions on its viability, and the copyright challenges that remain after these decisions.


Bartleby’S Consensual Dysphoria, Robin West Jan 2016

Bartleby’S Consensual Dysphoria, Robin West

Georgetown Law Faculty Publications and Other Works

The 2011 Occupy Wall Street protest movement adopted what on first blush appears to be a peculiar literary mascot: Bartleby the scrivener, one of the two protagonists of the Story of Wall Street penned by Herman Melville in the middle of the nineteenth-century. But this empathic identity of interests between twenty-first-century street protesters pushing back against the dominance of the .01% and a pathetic, melancholic, cadaverous, anorexic, apparently suicidal, and fictional mid-nineteenth-century legal scrivener is decidedly odd.

In this paper, I ask and try to answer this question: what did the OWS protesters recognize in Bartleby that sparked their empathic …


Heightened Procedure, Jessica Erickson Jan 2016

Heightened Procedure, Jessica Erickson

Law Faculty Publications

When it comes to combating meritless litigation, how much should procedure matter? Conventional wisdom holds that procedure should be uniform, with the same rules applying in all civil cases. Yet the causes of meritless litigation are not uniform, making it difficult for identical procedures to address the problem. As a result, lawmakers frequently turn to what this Article calls “heightened procedure”—additional procedures applicable only in designated areas of the law. Across a variety of substantive areas, lawmakers have adopted heightened pleading standards, stays of discovery, agency review, and a multitude of other tools from the heightened procedural toolbox. Despite the …


Income-Driven Repayment And The Public Financing Of Higher Education, John R. Brooks Jan 2016

Income-Driven Repayment And The Public Financing Of Higher Education, John R. Brooks

Georgetown Law Faculty Publications and Other Works

This article provides the first comprehensive analysis in the legal literature of the federal government’s new income-driven student loan repayment programs, known as Income-Based Repayment and Pay As You Earn. In a set of gradual and little-noticed statutory and regulatory moves, the federal government, through these programs, has dramatically reshaped higher education finance in ways that schools, students, and even the government itself are only beginning to understand.

Under IBR and PAYE, a student borrower pays no more than 10% of her discretionary income in loan service payments, and after a maximum of 20 years, the remaining debt is forgiven—for …


Developing A Challenging Online Doctoral Course Using Backward And Three-Phase Design Models, Jan G. Neal, Steven Hampton Jan 2016

Developing A Challenging Online Doctoral Course Using Backward And Three-Phase Design Models, Jan G. Neal, Steven Hampton

Journal of Aviation/Aerospace Education & Research

Current Practices and Future Trends in Aviation (DAV 735)—one of 19 online courses in the Ph.D. in Aviation program at Embry-Riddle Aeronautical University—has run five times since 2011. A team of one instructional designer and one professor were responsible for its initial design, development, and ongoing improvement. This continuity provided the opportunity for a longitudinal, descriptive case study reporting on three wicked instructional design challenges: (a) doctoral student body comprised largely of multidisciplinary aviation professionals, (b) no seminal textbook on the course topics, and (c) unforeseen usability problems with Internet technologies. This case analysis has significance because of the lack …


Tree/Sidewalk Conflicts: One Way To Save Trees, Megan Dettenmaier, Michael R. Kuhns Jan 2016

Tree/Sidewalk Conflicts: One Way To Save Trees, Megan Dettenmaier, Michael R. Kuhns

All Current Publications

This factsheet describes a project undertaken by USU Forestry Extension and the City of Logan, Utah, to replace damaged sidewalks with flexible sidewalk panels made from 100% recycled plastic. These tiles allowed trees and most tree roots to remain intact. We explain the project methods, as well as the pros and cons of undertaking such a project. These materials and methods have the potential to change sidewalk and urban tree management practices.