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2018

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How We Got Here: A Brief History Of Requester-Pays And Other Incentive Systems To Supplement Judicial Management Of Discovery, E. Donald Elliott Jan 2018

How We Got Here: A Brief History Of Requester-Pays And Other Incentive Systems To Supplement Judicial Management Of Discovery, E. Donald Elliott

Vanderbilt Law Review

Over the last two decades, a mature academic literature has developed about how we might use incentives as a complement to discretionary judicial decisions for controlling civil discovery. Professor Brian Fitzpatrick and the other organizers of the Vanderbilt Law Review “Future of Discovery” Symposium thought it would make sense to start this symposium by summarizing what has been written previously on the subject in the hope that the next time that the rules advisory committee tries again to solve the problem2 of properly managing discovery, it might benefit from some of this learning.

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Legal Jurisdiction And The Deterritorialization Of Data, Paul Schiff Berman Jan 2018

Legal Jurisdiction And The Deterritorialization Of Data, Paul Schiff Berman

Vanderbilt Law Review

No abstract provided.

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Celebrating Greatness, Christopher V. Hollister Jan 2018

Celebrating Greatness, Christopher V. Hollister

Communications in Information Literacy

No abstract provided.

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Crossing The Studio Art Threshold: Information Literacy And Creative Populations, Sarah Carter, Heather Koopmans, Alice Whiteside Jan 2018

Crossing The Studio Art Threshold: Information Literacy And Creative Populations, Sarah Carter, Heather Koopmans, Alice Whiteside

Communications in Information Literacy

Artists often require visual and inspirational information sources that range outside of library walls and websites, and develop their work within the complex social environment of the studio. Librarians historically engage with studio art and design students using multiple standards documents. This article offers an analytical literature review of the pedagogical approaches librarians have taken toward their work in the art and design studios, specifically identifying library practitioners who have adapted or critiqued standards documents in order to address the unique needs of creative populations. The Association of College and Research Libraries’ (ACRL) Framework for Information Literacy for Higher Education …

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Review Of The New Instruction Librarian: A Workbook For Trainers And Learners, Grace Haynes Jan 2018

Review Of The New Instruction Librarian: A Workbook For Trainers And Learners, Grace Haynes

Communications in Information Literacy

No abstract provided.

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Engendering Social Justice In First Year Information Literacy Classes, Conrad R. Pegues Jan 2018

Engendering Social Justice In First Year Information Literacy Classes, Conrad R. Pegues

Communications in Information Literacy

Information literacy classes are becoming common on college campuses to help first year students learn information search skills necessary for higher education. Free speech debates on some college campuses has bred a level of student activism not seen since the 1960s. Librarians can play a key role formulating positive and informed student responses through First Year Information Literacy (FYIL) classes that focus on information literacy in context of social justice issues of race, gender and free speech.

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Book Review: Information Literacy In The Workplace, Lore Guilmartin Jan 2018

Book Review: Information Literacy In The Workplace, Lore Guilmartin

Communications in Information Literacy

No abstract provided.

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Book Review: Information Literacy And Writing Studies In Conversation: Reenvisioning Library-Writing Program Connections, Jacqulyn Ann Williams Jan 2018

Book Review: Information Literacy And Writing Studies In Conversation: Reenvisioning Library-Writing Program Connections, Jacqulyn Ann Williams

Communications in Information Literacy

No abstract provided.

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Librarians In The Lead: A Case For Interdisciplinary Faculty Collaboration On Assignment Design, Rachel Wishkoski, Kacy Lundstrom, Erin Davis Jan 2018

Librarians In The Lead: A Case For Interdisciplinary Faculty Collaboration On Assignment Design, Rachel Wishkoski, Kacy Lundstrom, Erin Davis

Communications in Information Literacy

Assignment design provides a potential niche for librarians to fill in improving research assignments and in providing opportunities for interdisciplinary collaboration on teaching, but this can be difficult work to claim as librarians. In the 2016-2017 academic year, a team of three librarians at Utah State University, a mid-size research university, piloted an assignment design workshop for faculty. Based on a model developed by the National Institute for Learning Outcomes Assessment (NILOA), our workshop’s core component was a structured, librarian-facilitated small group discussion among three to four faculty members from a range of academic departments. Interdisciplinary conversation about teaching research …

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Understanding Financial Conflict Of Interest: Implications For Information Literacy Instruction, Heather B. Perry Jan 2018

Understanding Financial Conflict Of Interest: Implications For Information Literacy Instruction, Heather B. Perry

Communications in Information Literacy

Libraries have long existed to assist users in accessing accurate information for their needs. Industry has long been motivated to spread disinformation to promote their industry’s message to the public. Although corporate disinformation techniques perfected by the tobacco industry in the 1950’s were exposed, instead of disappearing they have only grown more influential with the rise of the internet. Many industries from petroleum to pharmaceuticals use scientific research to promote their corporate message and have contributed to harming the public. Users need information literacy (IL) to provide them with the skills they need to critically evaluate information and reject the …

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Is Detection Of Preclinical Alzheimer’S Disease Possible?, Shana Brawer Jan 2018

Is Detection Of Preclinical Alzheimer’S Disease Possible?, Shana Brawer

The Science Journal of the Lander College of Arts and Sciences

No abstract provided.

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Music And The Brain, Maddie Nierman Jan 2018

Music And The Brain, Maddie Nierman

The Science Journal of the Lander College of Arts and Sciences

Music is an important part of cultures worldwide. It has been used throughout the ages as a method of conveying emotions to the listener. However, there is some confusion about exactly which areas of the brain are affected by music. This study shows the general areas of the brain stimulated by music, explaining how these sections influence emotion and learning capability. In addition, this paper demonstrates that music therapy may be helpful in relieving stress or some neurological disorders, based on the areas activated by music. Training in music has cognitive and motor coordination benefits, as well, because this training …

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Music Modernization And The Labyrinth Of Streaming, Mary Lafrance Jan 2018

Music Modernization And The Labyrinth Of Streaming, Mary Lafrance

Scholarly Works

The shift from record sales to music streaming has revolutionized the music industry. The federal copyright regime, which is rooted in a system of economic rewards based largely on sales, has been slow to adapt. This has impaired the ability of copyright law to channel appropriate royalties to songwriters, music publishers, and recording artists when the streaming of their works displaces record sales. The Orrin G. Hatch-Bob Goodlatte Music Modernization Act of 2018 addresses some of the most significant flaws in the current system. At the same time, it creates significant ambiguities and leaves some existing issues unresolved.

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Joe Williams And Discourse Communities-The Journal Of Legal Writing Institute And Community Service, Terrill Pollman Jan 2018

Joe Williams And Discourse Communities-The Journal Of Legal Writing Institute And Community Service, Terrill Pollman

Scholarly Works

Professor Pollman writes a tribute to The Journal of the Legal Writing Institute.

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New York Right Of Publicity Law: Panel Discussion, Mary Lafrance Jan 2018

New York Right Of Publicity Law: Panel Discussion, Mary Lafrance

Scholarly Works

No abstract provided.

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Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs, Robert I. Correales Jan 2018

Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs, Robert I. Correales

Scholarly Works

Historically, race-based jury bias has maintained the most prominent place in the hierarchy of social ills that have plagued the American Criminal Justice System. Relying on Due Process and Equal Protection principles, the United States Supreme Court and lower federal courts have chipped away at the problem with mixed results. State Courts have also served as laboratories, providing important lessons on the successes and failures of different approaches, often leading the way with their innovations. A formidable obstacle commonly referred to as a "black box," better known as the no-impeachment rule, has made progress difficult. The no-impeachment rule was designed …

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Cybersecurity And The New Era Of Space Activities, David P. Fidler Jan 2018

Cybersecurity And The New Era Of Space Activities, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

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Doing Right By Nevada: Adopting The Uniform Bar Exam, Daniel W. Hamilton Jan 2018

Doing Right By Nevada: Adopting The Uniform Bar Exam, Daniel W. Hamilton

Scholarly Works

No abstract provided.

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Patent Pool Outsiders, Michael Mattioli Jan 2018

Patent Pool Outsiders, Michael Mattioli

Articles by Maurer Faculty

Individuals who decline to join cooperative groups — outsiders — raise concerns in many areas of law and policy. From trade policy to climate agreements to class action procedures, the fundamental concern is the same: a single member of the group who drops out could weaken the remaining union. This Article analyzes the outsider problem as it affects patents.

The outsider question has important bearing on patent and antitrust policy. By centralizing and simplifying complex patent licensing deals, patent pools conserve tremendous transaction costs. This allows for the widespread production and competitive sale of many useful technologies, particularly in the …

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"We Only Spy On Foreigners": The Myth Of A Universal Right To Privacy And The Practice Of Foreign Mass Surveillance, Asaf Lubin Jan 2018

"We Only Spy On Foreigners": The Myth Of A Universal Right To Privacy And The Practice Of Foreign Mass Surveillance, Asaf Lubin

Articles by Maurer Faculty

The digital age brought with it a new epoch in global political life, one neatly coined by Professor Philip Howard as the “pax technica.” In this new world order, government and industry are “tightly bound” in technological and security arrangements that serve to push forward an information and cyber revolution of unparalleled magnitude. While the rise of information technologies tells a miraculous story of triumph over the physical constraints that once shackled mankind, these very technologies are also the cause of grave concern. Intelligence agencies have been recently involved in the exercise of global indiscriminate surveillance, which purports to go …

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Ethical Issues In Robo-Lawyering: The Need For Guidance On Developing And Using Artificial Intelligence In The Practice Of Law, Drew Simshaw Jan 2018

Ethical Issues In Robo-Lawyering: The Need For Guidance On Developing And Using Artificial Intelligence In The Practice Of Law, Drew Simshaw

Scholarly Works

As in many other industries, artificial intelligence ("AI") is poised to drastically transform the legal services landscape. "Bots, " automated expert systems, and predictive analytics are already changing the way consumers seek, and lawyers provide, legal services. Among other impacts, AI has the potential to increase access to justice in the self-help, individual, and corporate law firm markets by lowering costs and expanding services to untapped markets. A prominent question in early literature on AI in law is whether these services constitute the unauthorized practice of law. Threshold questions of whether and by whom such services should be regulated are …

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Exploring The Policy Value Of Cable Franchise And Peg Fees, Duncan Stewart, Lee Shaker Jan 2018

Exploring The Policy Value Of Cable Franchise And Peg Fees, Duncan Stewart, Lee Shaker

Communication Faculty Publications and Presentations

Subscribers to cable television typically pay Franchise and Public–Educational– Governmental (PEG) Fees. Ostensibly, these monthly fees exist to compensate communities for the private use of public goods and to bolster the marketplace of ideas. Little empirical research, however, assesses the utility of these fees as policy mechanisms. In this article, we track the existence and dispensation of the fees in the 20 largest American cities by examining their recent annual budgets. This provides a foundation to consider the fees’ contributions in the context of ongoing legal challenges to their existence and the increase of digital television services beyond their purview.

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Federalism And Gender Equality, Susan H. Williams Jan 2018

Federalism And Gender Equality, Susan H. Williams

Articles by Maurer Faculty

Despite the enormous literature on federalism in constitutional design, and the growing attention to gender equality in constitutional design, there has been remarkably little attention paid to the interaction between the two. This article seeks to provide a summary of the existing literature on this intersection, to apply the insights of that literature to the case of Myanmar, and to offer a contribution concerning the theoretical connections between federalism and gender equality. The analysis generates four primary conclusions. First, federalism is inherently neither good nor bad for gender equality: it all depends on the details of the federal system and …

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Judicial Selection And The Search For Middle Ground, Charles G. Geyh Jan 2018

Judicial Selection And The Search For Middle Ground, Charles G. Geyh

Articles by Maurer Faculty

This Article seeks to transcend perennial election versus appointment debates-including debates over campaign finance and the impact of "dark money"-by taking a closer look at why judicial selection is a contentious mess and discussing how it might be fixed. First, I present the case for elective and appointive systems. Second, I show that the arguments for each system are exaggerated or flawed.Third, I explore why it has been hard for proponents of each system to perceive and acknowledge those exaggerations and flaws, and propose ways to narrow the divide. Although the divide can and should be narrowed, I conclude that …

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Well-Timed Solutions For Legal Education And The Bar, William D. Henderson Jan 2018

Well-Timed Solutions For Legal Education And The Bar, William D. Henderson

Articles by Maurer Faculty

No abstract provided.

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Platform Law And The Brand Enterprise, Sonia K. Katyal, Leah Chan Grinvald Jan 2018

Platform Law And The Brand Enterprise, Sonia K. Katyal, Leah Chan Grinvald

Scholarly Works

The emergence of platforms has transformed the digital economy, reshaping and recasting online transactions within the service industry. This transformation, as many have argued, has created new and unimagined challenges for policymakers and regulators, as well as for traditional, offline companies. Most scholarship examining platforms discuss their impact on employment law or consumer protection. Yet trademark law, which is central to the success of the platform enterprise, has been mostly overlooked within these discussions. To address this gap, this article discusses the emergence of two central forms of platform entrepreneurship-the platform, or "macrobrand" and the platform service provider, or the …

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Two Steps Forward, One Step Back: Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook, Tom Kierner Jan 2018

Two Steps Forward, One Step Back: Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook, Tom Kierner

Articles by Maurer Faculty

Our past surveys have observed that frequent changes in the rules surrounding electronic payments-spurred by both regulation and enforcement actions create uncertainty and make forward progress difficult for many providers. This survey year is no exception: regulators have taken "two steps forward, one step back" on a number of fronts. This survey reports on (1) the proposal by the Office of the Comptroller of the Currency ("OCC") regarding "fintech" charters, which states have challenged in actions still pending- (2) changes to Regulation CC regarding remote check deposit and disputes over altered or forged checks-(3) the Supreme Court's decision in Expression …

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Innovation Diffusion In The Legal Industry, William D. Henderson Jan 2018

Innovation Diffusion In The Legal Industry, William D. Henderson

Articles by Maurer Faculty

This article is adapted from a series of blog posts originally found in my recently-started blog entitled Legal Evolution. The foundational material set forth in this article (and in those blog posts) applies to the legal services market insights gained from disciplines other than law. This article begins by setting forth the well-established theory of an "innovation diffusion curve" and the research that has identified the factors that affect the rate of adoption of innovations. This article identifies why innovation in the legal services market is desirable and applies to the legal services field insights drawn from this research in …

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Reaching And Teaching Millennials: Designing The Future Of Student Services, Kimberly Mattioli, Brian Detweiler, Mike Martinez Jr. Jan 2018

Reaching And Teaching Millennials: Designing The Future Of Student Services, Kimberly Mattioli, Brian Detweiler, Mike Martinez Jr.

Articles by Maurer Faculty

Today’s students have come to expect library services that are quite different from their predecessors and law librarians must evolve to meet their needs. As law libraries in the United States face the realities of declining enrolment and decreasing budgets, it is imperative that we find new and creative ways to build positive relationships with our students while also preparing them for the realities of practicing law in an environment driven by rapid technological change. Three law librarians from the United States, Brian Detweiler, Kimberly Mattioli, and Mike Martinez, Jr., discuss their successes and failures in reaching out to their …

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Criminalizing Battered Mothers, Courtney Cross Jan 2018

Criminalizing Battered Mothers, Courtney Cross

Scholarly Works

How a domestic violence survivor responds to the abuse she is experiencing depends on many factors. Some critical considerations include her access to resources, desire to stay in her relationship, and assessment of her own safety. Criminal and civil court systems place enormous pressure on survivors to separate from their abusive partners. Not only are survivors with children pressured to leave, they are punished when they stay. That punishment can come in any combination of diminished custody rights, limited parental rights, and incarceration. Yet a survivor who flees with her children is not immune to these same consequences: if she …

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