Law Commons^™

A Grand Challenges-Based Research Agenda For Scholarly Communication And Information Science [Mit Grand Challenge Pubpub Participation Platform], Micah Altman, Chris Bourg

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Identifying Grand Challenges

A global and multidisciplinary community of stakeholders came together in March 2018 to identify, scope, and prioritize a common vision for specific grand research challenges related to the fields of information science and scholarly communications. The participants included domain researchers in academia, practitioners, and those who are aiming to democratize scholarship. An explicit goal of the summit was to identify research needs related to barriers in the development of scalable, interoperable, socially beneficial, and equitable systems for scholarly information; and to explore the development of non-market approaches to governing the scholarly knowledge ecosystem.

To spur discussion and …

Annual Report Fy 2018, Office Of Scholarly Communications, University Of Nebraska–Lincoln Libraries, Paul Royster, Sue A. Gardner, Margaret Mering, Linnea Fredrickson

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Highlights include hosting the ACRL Scholarly Communications Roadshow, joining the National Library of Medicine’s PubMed Link-out program, the Gerald Hodges Intellectual Freedom Chapter Relations Award from the American Library Association, institutional repository deposits and traffic, journals published, Zea Books published, conferences, presentations, publications, staffing notes, and student workers.

Examining Internet Usage Patterns On Socio-Economic Benefits Of Marginalised Communities: The Case Of Community Information Centres In Ghana, Stephen Bekoe, Kodjo Atiso, Daniel Azerikatoa Ayoung, Lucy Dzandu, Kennedy Kubuga Kumangkem

Library Philosophy and Practice (e-journal)

In this paper, we explore the socio-economic effects of internet use at the community information centres (CICs) on livelihoods in three regions of Ghana. Sustainable livelihood framework was used as a lens to understand the phenomena being studied. Primary and secondary data collection methods were used. Three CICs in three regions were purposively selected and qualitative research method was adopted for the study. The data were analysed using Nvivo. The findings showed that sending email information was largely the reason why people used the Internet. We found that through the Internet, people learn, develop new business ideas and expand the …

Relx Referral To Eu Competition Authority, Jonathan Tennant, Björn Brembs

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We believe that Elsevier and other major publishers are continuing to engage in anti-competitive practices, which are continuously worsening, and that information gained in the last 15 years urges immediate investigation and intervention into this unregulated market space. This could be, for example, through an empirical analysis of the scholarly publishing market; by having an independent regulatory body monitoring and overseeing the digital services provided by Elsevier and others within the industry; banning the use of non-disclosure clauses in licensing contracts; requiring transparency into the production costs of research articles and publishing operations; banning the use of inappropriate journal-level metrics …

Library Publishing Directory 2019, Library Publishing Coalition, Melanie Schlosser, Alexandra Hoff, Jessica Kirschner, Janet Swatscheno, Robert Browder, Tom Bielavitz

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Contents: Introduction vii * Library Publishing Coalition Committees xi *

LIBRARIES IN THE UNITED STATES AND CANADA * Abilene Christian University * American Theological Library Association * Asbury Theological Seminary * Ball State University * Bates College * Boston College * Brigham Young University * Butler University * California State University, Northridge * Claremont Colleges Library * Colby College * Columbia University * Dartmouth College * Embry-Riddle Aeronautical University * Florida Atlantic University * Florida International University * Florida State University * George Mason University * Georgetown University * Georgia Gwinnett College * Grand Valley State University * Gustavus Adolphus …

Data Integration And Analysis System (Dias) As A Platform For Data And Model Integration: Cases In The Field Of Water Resources Management And Disaster Risk Reduction, Akiyuki Kawasaki, Petra Koudelova, Katsunori Tamakawa, Asanobu Kitamoto, Eiji Ikoma, Koji Ikeuchi, Ryosuke Shibasaki, Masaru Kitsuregawa, Tosho Koike

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The development of data and model integration platforms has furthered scientific inquiry and helped to solve pressing social and environmental problems. While several e-infrastructure platforms have been developed, the concept of data and model integration remains obscure, and these platforms have produced few firm results. This article investigates data and model integration on the Data Integration and Analysis System (DIAS) platform, using three case projects from water-related fields. We provide concrete examples of data and model integration by analyzing the data transfer and analysis process, and demonstrate what platform functions are needed to promote the advantages of data and model …

The Rule Of Law: More Than Just A Law Of Rules, Donald B. Verrilli Jr.

Nebraska Law Bulletin (Selected Issues)

Transcript of a lecture titled “The Rule of Law: More than Just a Law of Rules” presented on September 28, 2018 at the University of Nebraska College of Law by former Solicitor General for the United States under President Barack Obama, Donald Beaton Verrilli, Jr.

The Nebraska Transcript, Fall 2018, Vol. 51 No. 2

Nebraska Transcript

1 Dean's Message

2 Faculty Notes

6 Professor Jessica Shoemaker awarded Fulbright

7 Bill Fisher joins faculty as visiting professor

7 Anna Shavers named associate dean for diversity and inclusion

8 Colleen Medill receives University Faculty Excellence Award

10 Gatlauk Ramdiet -- From Sudan to the United Nations via Nebraska Law

12 University of Chicago’s Martha Nussbaum, Saul Levmore deliver Pound Lecture

14 Nebraska Law wins 17th regional Client Counseling Competition

15 Treasures Lost, Treasures Found: indexing the first 20 volumes of The Nebraska Transcript, by Sandra B. Placzek,

19 Jeffrey Funke Delivers Spring Commencement Address

22 College alumni boards …

Facilitating And Improving Environmental Research Data Repository Interoperability, Corinna Gries, Amber Budden, Christine Laney, Margaret O’Brien, Mark Servilla, Wade Sheldon, Kristin Vanderbilt, Dave Vieglais

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Environmental research data repositories provide much needed services for data preservation and data dissemination to diverse communities with domain specific or programmatic data needs and standards. Due to independent development these repositories serve their communities well, but were developed with different technologies, data models and using different ontologies. Hence, the effectiveness and efficiency of these services can be vastly improved if repositories work together adhering to a shared community platform that focuses on the implementation of agreed upon standards and best practices for curation and dissemination of data. Such a community platform drives forward the convergence of technologies and practices …

Open Access At Mit And Beyond: A White Paper Of The Mit Ad Hoc Task Force On Open Access To Mit’S Research, Katharine Dunn, Hal Abelson, Chris Bourg, Ellen Finnie

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MIT researchers, students, and staff have long valued and put into action MIT’s mission to generate and disseminate knowledge by openly and freely sharing research and educational materials. Indeed, the Institute has been at the forefront of the sharing culture: MIT launched OpenCourseWare (OCW), a free webbased publication of virtually all MIT course content in 2001; in 2002 released DSpace, an open-source platform for managing research materials and publications co-created by MIT Libraries staff; and adopted the first campus-wide faculty open access (OA) policy in the US in 2009.

Convening an open access task force was one of the 10 …

Innocent Or Inconclusive? Analyzing Abolitionists’ Claims About The Death Penalty (White Paper), Michael Conklin

Nebraska Law Bulletin (Selected Issues)

This is a brief analysis of the death penalty innocence issue using the July 2018 book The Death Penalty (part of the Concepts and Insights Series) as a reference point.

The Effect Of Globalization On The National Criminal Law Systems, Shirin Ahmadi Dastjerdi, Abbas Sheikholeslami, Haniyeh Hojabrosadati

Library Philosophy and Practice (e-journal)

Globalization has influenced many human life scopes with a variety of tools, which the cyberspace playing the most role. Although both cyberspace and globalization have had many benefits to human life, both as a tool and as a process, they have been able to assist offenders to bring crime into the cyberspace without any trouble. Therefore, today criminologists discuss the globalized world of crime. Although, the processes of homogenization and globalization have been precious to human beings, should not be overlooked. In this article, the author has tried to explain the cybercrime in the age of globalization, with an emphasis …

The Rent’S Too High: Self-Archive For Fair Online Publication Costs, Robert Thibault, Amanda Macpherson, Stevan Harnad, Amir Raz

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The main contributors of scientific knowledge—researchers—generally aim to disseminate their findings far and wide. And yet, publishing companies have largely kept these findings behind a paywall. With digital publication technology markedly reducing cost, this enduring wall seems disproportionate and unjustified; moreover, it has sparked a topical exchange concerning how to modernize academic publishing. This discussion, however, seems to focus on how to compensate major publishers for providing open access through a pay-to-publish model, in turn transferring financial burdens from libraries to authors and their funders. Large publishing companies, including Elsevier, Springer Nature, Wiley, PLoS, and Frontiers, continue to earn exorbitant …

Should The U.S. Reclaim Control Of The Internet? Evaluating Icann’S Administrative Oversight Since The 2016 Handover, Mark Grabowski

Nebraska Law Bulletin (Selected Issues)

As the two-year anniversary of its abdication approaches, United States government officials recently caused a stir by publicly questioning whether they should reassert their control over the Internet’s administrative functions. ICANN, the non-governmental organization that now independently oversees the Internet’s backbone, has arguably been plagued by mission creep, budget problems, and challenges to its authority. Although reversing the handover may be difficult, this paper argues that U.S. officials are justified in putting pressure on ICANN.

University Of Nebraska-Lincoln Digitalcommons: Statistical Report, August 2018, Deeann Allison, Paul Royster, Sue A. Gardner, Margaret Mering, Linnea Fredrickson

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To: Deeann Allison, Director, Media & Repository Services, UNL Libraries

I am pleased to transmit the following statistics report on the UNL DigitalCommons, http://digitalcommons.unl.edu

The DigitalCommons is the “institutional repository” for UNL. It’s function is to gather the intellectual output of the university for online public access. It was established in 2005, and now holds 99,000 papers, making it the 3rd largest in the United States, trailing only the University of California system (190,000) and the University of Michigan (120,000). It recently surpassed 50 million downloads, and is the nation’s current leader in that category. Alexa.com reports that the repository …

¿De Quién Son La Luna Y Los Demás Cuerpos Celestes?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Probablemente esta sea la imagen más conocida de una bandera que se haya hecho nunca: Buzz Aldrin de pie junto a la primera bandera de EE UU clavada en la Luna. Pero para los que conocían la historia universal, también saltaron las alarmas. En la Tierra, hace menos de un siglo, clavar una bandera nacional en otra parte del mundo todavía equivalía a reclamar ese territorio. ¿Las barras y estrellas en la Luna significaron la creación de una colonia estadounidense?

Cuando la gente escucha por primera vez que soy un abogado que ejerce y enseña algo llamado «derecho espacial», la …

Who Owns The Moon? A Space Lawyer Answers, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Most likely, this is the best-known picture of a flag ever taken: Buzz Aldrin standing next to the first U.S. flag planted on the Moon. For those who knew their world history, it also rang some alarm bells. Only less than a century ago, back on Earth, planting a national flag in another part of the world still amounted to claiming that territory for the fatherland. Did the Stars and Stripes on the moon signify the establishment of an American colony?

When people hear for the first time that I am a lawyer practicing and teaching something called “space law,” …

The Ethical Responsibility Of Public Lawyers At A Time When Most Americans Distrust Their Government (White Paper), R. A. Cuevas Jr.

Nebraska Law Bulletin (Selected Issues)

Under our democratic system of governance, decision-makers for government institutions have a duty to foster the trust of society at large in the decisions they make on behalf of their institutions. For inside—i.e., public—lawyers, this duty to foster trust constitutes an ethical responsibility requiring them, during their decision-making processes, to take into account the extralegal considerations affecting the public’s willingness to trust and accept their decisions. At a time when the majority of the American public does not trust its government, and while claims of “fake news” seek to deepen that distrust by undermining the credibility of government institutions, inside …

Operas White Paper: Open Access Business Models, Lara Speicher, Margo Bargheer, Maciej Maryl, Sven Fund, Max Mosterd, Frances Pinter, Lorenzo Armando, Irakleitos Souyioultzoglou, Martin Paul Eve, Delfim Leão

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The white paper on Business Models for Open Access proposes that there is no single ideal business model for Open Access that can be adopted as standard. It describes the current landscape in which there are multiple approaches to OA publishing, many of which are adopted by OPERAS members to suit their particular circumstances, although the APC and BPC models still predominate especially among commercial publishers. The paper describes the business models adopted by members both from the point of view of publishers, and of service providers such as Knowledge Unlatched, as well as looking at models emerging elsewhere such …

Digital Legal Deposit In Selected Jurisdictions: Australia, Canada, China, Estonia, France, Germany, Israel, Italy, Japan, Netherlands, New Zealand, Norway, South Korea, Spain, United Kingdom, Peter Roudik, Kelly Buchanan, Tariq Tariq Ahmad, Laney Zhang, Nerses Isajanyan, Nicolas Boring, Jenny Gesley, Ruth Levush, Dante Figueroa, Sayuri Umeda, Elin Hofverberg, Graciela Rodriguez-Ferrand, Clare Feikert-Ahalt

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Comparative Summary by Peter Roudik, Assistant Law Librarian of Congress for Legal Research (United States)

This report, prepared by the staff of the Global Legal Research Directorate of the Law Library of Congress, surveys laws regulating the mandatory legal deposit of electronic materials. Fifteen countries representing different approaches to collecting, describing, preserving, and storing digital and non-print documents and providing access to them are included in the study. (See map, below.) These countries were selected because of their long-term experience with collecting online and offline electronic publications. Each country survey provides information on the history of edeposit programs in the …

How Can Teens Be Reasonable? Reasonable Expectations Of Privacy In The Digital Age, Lori A. Hoetger

Department of Psychology: Dissertations, Theses, and Student Research

The Fourth Amendment only protects against government intrusions into spaces or information that receive a reasonable expectation of privacy—a subjective expectation of privacy that society is willing to recognize as reasonable (Katz v. United States, 1967). Judges are tasked with determining when a reasonable expectation of privacy exists. But as evidenced by justices’ confusion at oral arguments in recent Supreme Court cases, judges do not always fully grasp new technology. The current dissertation aims to guide courts attempting to navigate the new terrain of expectations of privacy in wired communications.

Scholars have expressed concern over the impact the ubiquity …

Supreme Court Coverage: Using Kelo And Citizens United To Measure Media Bias, Michael Conklin, Louis S. Nadelson

Nebraska Law Bulletin (Selected Issues)

In our research we examined the New York Times’ coverage of two unpopular twenty-first century Supreme Court decisions (one issued by conservative Justices, the other by liberal Justices) to determine if there are indicators of bias in reporting about Supreme Court decisions. For each case, we calculated the percentage of articles discussing the case that contain explicit mentions of the ideological split, thereby creating an objective standard to expose potential latent biases in reporting about the Supreme Court. To confirm the results, we applied the standard to reporting from other media outlets. While the separate topics of media bias and …

Right To Farm 101 For Aquaculture Stakeholders In Nebraska, Amanda L. Nichols

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Commercial aquaculture operations, like traditional agricultural operations, sometimes face legal challenges from neighbors raising concerns about farm operations. Nuisance lawsuits filed against agricultural operations often involve allegations by neighboring property owners that the odor, dust, or noise associated with farming is interfering with their ability to enjoy and use their property. In general, “right-to-farm” legislation protects agricultural operations from such nuisance claims when certain conditions are satisfied. This document examines Nebraska’s right-to-farm legislation and how it applies to commercial aquaculture. For a more comprehensive explanation of right-to-farm laws and their significance, please refer to the National Sea Grant Law Center’s …

Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework could or may need to be changed to accommodate private interests. The article analyzes the two main international treaties relevant from …

Unbundling Open Access Dimensions: A Conceptual Discussion To Reduce Terminology Inconsistencies, Alberto Martín-Martín, Rodrigo Costas, Thed N. Van Leeuwen, Emilio Delgado López-Cózar

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The current ways in which documents are made freely accessible in the Web no longer adhere to the models established Budapest/Bethesda/Berlin (BBB) definitions of Open Access (OA). Since those definitions were established, OA-related terminology has expanded, trying to keep up with all the variants of OA publishing that are out there. However, the inconsistent and arbitrary terminology that is being used to refer to these variants are complicating communication about OA-related issues. This study intends to initiate a discussion on this issue, by proposing a conceptual model of OA. Our model features six different dimensions (authoritativeness, user rights, stability, immediacy, …

Digitalcommons Users Discuss The Bepress Acquisition, Paul Royster, Roger Weaver, Marilyn Billings, Phillip Fitzsimmons, Terri Fishel

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Since the acquisition of the Berkeley Electronic Press (bepress) by Elsevier last summer, there has been much discussion online, in listserves, and elsewhere about what that development means for the future of open access and scholarly communications. The people most directly affected are the users of the bepress DigitalCommons repository hosting service. Some have recoiled in horror at the new ownership situation, others are waiting to see what happens next. This is a panel discussion by current users concerning what they see in the road ahead, including what they regard as essential services, possible options, functionality requirements, and necessary safeguards.

An Ethical Framework For Library Publishing: Version 0.5 (Draft For Comment), Jason Boczar, Charlotte Roh, Melanie Schlosser, Nina Collins, Rebel Cummings-Sauls, Terri Fishel, Valerie Horton, Harrison Inefuku, Sarah Melton, Joshua Neds-Fox, Wendy C. Robertson, Jaclyn Sipovic, Camille Thomas

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Background: At the Library Publishing Coalition (LPC) Membership Meeting at the 2017 Library Publishing Forum in Baltimore, Maryland, the community discussed how the LPC can respond to the current political climate. The discussion was wide-ranging, but kept coming back to the importance of library values and our responsibility as library publishers to center our publishing practice around them. A number of those present offered to devise a way for the conversation to continue beyond the Forum. That group included Marilyn Billings, Jason Boczar, Rebel Cummings-Sauls, Harrison W. Inefuku, Joshua Neds-Fox, Matt Ruen, Emily Stenberg, and Monica Westin, who proposed …

Trends In Legislations Affecting Library And Information Practice In Uganda, Francis Ssekitto

Library Philosophy and Practice (e-journal)

Introduction: legislation and ethics as one of the top five themes that preoccupied LIS scholars and practitioners in the first decade of the 21^st century.

This is true for Library and Information Science and its related disciplines such as Records, information and archives, archeology and museum study.

Objective: This paper attempts to discuss the various trends in legislations relating to the Library and Information Science discipline and profession.

Methodology: In this research, reviewing literature was used to define the main concepts of this research.

Findings: There is a noticeable attribute that more legislations are likely to be drafted …

Four Decades Of The Journal Law And Human Behavior: A Content Analysis, Lindsey E. Wylie, Katherine P. Hazen, Lori A. Hoetger, Joshua A. Haby, Eve M. Brank

Department of Psychology: Faculty Publications

Although still relatively young, the journal Law and Human Behavior (LHB) has amassed a publication history of more than 1300 full-length articles over four decades. Yet, no systematic analysis of the journal has been done until now. The current research coded all full-length articles to examine trends over time, predictors of the number of Google Scholar citations, and predictors of whether an article was cited by a court case. The predictors of interest included article organization, research topics, areas of law, areas of psychology, first-author gender, first-author country of institutional affiliation, and samples employed. Results revealed a vast …

A Review Of Various Actions By The Federal Bureau Of Investigation And Department Of Justice In Advance Of The 2016 Election, Office Of The Inspector General, U.S. Department Of Justice

United States Department of Justice: Publications

The Department of Justice (Department) Office of the Inspector General (OIG) undertook this review of various actions by the Federal Bureau of Investigation (FBI) and Department in connection with the investigation into the use of a private email server by former Secretary of State Hillary Clinton. Clinton served as Secretary of State from January 21, 2009, until February 1, 2013, and during that time used private email servers hosting the @clintonemail.com domain to conduct official Department of State (State Department) business. In 2014, in response to a request from the State Department to Clinton for “copies of any Federal records …