Law Commons^™

The International Law Of Outer Space And Consequences At The National Level For India: Towards An Indian National Space Law?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The discussion on a forum on the famous web-based LinkedIn networking site has already taken off: should India, as party to the four most important international space treaties, also develop a national space law, as other states increasingly are doing? That India is currently one of the leading spacefaring nations in the world is beyond discussion. In itself, however, that does not necessarily necessitate going through the trouble of drafting and implementing a national space law.

This article, however, argues that indeed, following the examples of a growing number of spacefaring states around the world discussed in some detail as …

The Missing Lawyering Skill, Richard Leiter

Marvin and Virginia Schmid Law Library

Educating Lawyers, a new book from the Carnegie Foundation, analyzes our modern system of legal education, and, in some measure, finds it wanting. The authors set out to evaluate legal education's response to decades old criticisms that it fails t teach lawyering skills and legal ethics.

Likelihood Of Using Drug Courts: Predictions Using Procedural Justice And The Theory Of Planned Behavior, Evelyn M. Maeder, Richard L. Weiner

Department of Psychology: Faculty Publications

The current research compares two theoretical models borrowed from social psychology (theory of planned behavior and procedural justice) to predict intentions to make use of a drug court. Medicaid-eligible substance users answered a number of questions regarding their intentions to use a drug court in the future, including items from planned behavior and procedural justice scales. When procedural justice was considered alone, only trustworthiness predicted intention to use drug courts. When planned behavior was considered alone, only deliberative attitudes predicted the intention. After combining the two models, deliberative attitudes from the theory of planned behavior were the only significant predictor …

United States Copyright Fair Use Checklist, Kenneth D. Crews

Copyright, Fair Use, Scholarly Communication, etc.

Copyright fair use checklist available for scholars, students, and others to determine whether a use of copyrighted material may be considered a fair use. This document is meant to provide guidance for individuals to make their own determinations about whether a use may be considered a fair use. It does not constitute legal advice.

Introduction to the Checklist

The Fair Use Checklist and variations on it have been widely used for many years to help educators, librarians, lawyers, and many other users of copyrighted works determine whether their activities are within the limits of fair use under U.S. copyright law …

Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandi Zellmer, Christine Klein

Nebraska College of Law: Faculty Publications

In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a “man-made” disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …

A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer

Nebraska College of Law: Faculty Publications

Hurricanes are a natural, predictable phenomenon, yet the Gulf Coast communities were devastated by the hurricanes of 2005. One year after Hurricane Katrina struck, the U.S. Army Corps of Engineers responded to a congressional request for an accounting by admitting culpability for the destruction of New Orleans. Its structural defenses failed not because Congress had authorized only moderate Category 3 protection, which in turn let floodwaters overtop the city's levees, but because levees and floodwalls simply collapsed. The so-called network of federal and local structures was a haphazard system in name only, where floodwalls and levees of varying heights utilized …

Development And Confirmatory Factor Analysis Of The Community Norms Of Child Neglect Scale, Rebecca Goodvin, David R. Johnson, Sam A. Hardy, Michelle Graef, Jeff M. Chambers

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

This article describes the development of the Community Norms of Child Neglect Scale (CNCNS), a new measure of perceptions of child neglect, for use in community samples. The CNCNS differentiates among four subtypes of neglect (failure to provide for basic needs, lack of supervision, emotional neglect, and educational neglect). Scenarios ranging in seriousness for each subtype were presented to a large community sample (N = 3,809). Confirmatory factor analyses indicated that a four-factor model provided a better fit to the data than did a model specifying only one overall neglect factor, suggesting this sample distinguished among the four subtypes of …

Understanding The Influence Of Climate Forecasts On Farmer Decisions As Planned Behavior, Ikrom Artikov, Stacey Hoffman, Gary Lynne, Lisa M. Pytlikzillig, Q. Steven Hu, Alan Tomkins, Kenneth Hubbard, Michael Hayes, William J. Waltman

Lisa PytlikZillig Publications

Results of a set of four regression models applied to recent survey data of farmers in eastern Nebraska suggest the causes that drive farmer intentions of using weather and climate information and forecasts in farming decisions. The model results quantify the relative importance of attitude, social norm, perceived behavioral control, and financial capability in explaining the influence of climate-conditions information and short-term and long-term forecasts on agronomic, crop insurance, and crop marketing decisions. Attitude, serving as a proxy for the utility gained from the use of such information, had the most profound positive influence on the outcome of all the …

Understanding Farmers’ Forecast Use From Their Beliefs, Values, Social Norms, And Perceived Obstacles, Qi Hu, Lisa M. Pytlikzillig, Gary Lynne, Alan Tomkins, William J. Waltman, Michael Hayes, Kenneth Hubbard, Ikrom Artikov, Stacey Hoffman, Donald A. Wilhite

Lisa PytlikZillig Publications

Although the accuracy of weather and climate forecasts is continuously improving and new information retrieved from climate data is adding to the understanding of climate variation, use of the forecasts and climate information by farmers in farming decisions has changed little. This lack of change may result from knowledge barriers and psychological, social, and economic factors that undermine farmer motivation to use forecasts and climate information. According to the theory of planned behavior (TPB), the motivation to use forecasts may arise from personal attitudes, social norms, and perceived control or ability to use forecasts in specific decisions. These attributes are …

Modeling For Management In A Compliance World, Christopher D. Dore, Luann Wandsnider

Department of Anthropology: Faculty Publications

In practice, compliance-driven cultural resource “management” and its requirements for resource location, evaluation, impact assessment, and mitigation manifests a fundamentally different use of geospatial predictive modeling than do research-oriented investigations. This difference primarily results from the lack of an iterative research design. In research-oriented modeling, iterations of model building and model testing gradually build a more robust model and lead to an increased understanding of the variables that condition human spatial behavior in the past. In a compliance environment, spatial models are rarely built and evaluated; rather, once built, they are applied in a single iteration. An assumption is made …

Bound By Law? Trapped In A Struggle She Didn't Understand, By Day A Filmmaker, By Night She Fought For Fair Use! [Tales From The Public Domain], Keith Aoki, James Boyle, Jennifer Jenkins

Copyright, Fair Use, Scholarly Communication, etc.

A graphic novel about fair use with respect to United States copyright law.

Synopsis:

A documentary is being filmed. A cell phone rings, playing the "Rocky" theme song. The filmmaker is told she must pay $10,000 to clear the rights for the song. Can this be true? "Eyes on the Prize," the great civil rights documentary, was pulled from circulation because the filmmakers' rights to music and footage had expired.

What's going on here? It's the collision of documentary filmmaking and intellectual property law, and it's the inspiration for this comic book. Follow its heroine Akika as she films her …

Open Access Bibliography: Liberating Scholarly Literature With E-Prints And Open Access Journals, Charles W. Bailey Jr.

Copyright, Fair Use, Scholarly Communication, etc.

Scope of the Bibliography

The Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals presents over 1,300 selected English-language books, conference papers (including some digital video presentations), debates, editorials, e-prints, journal and magazine articles, news articles, technical reports, and other printed and electronic sources that are useful in understanding the open access movement’s efforts to provide free access to and unfettered use of scholarly literature. Most sources have been published between 1999 and August 31, 2004; however, a limited number of key sources published prior to 1999 are also included. Where possible, links are provided to sources …

Towards A Continuum Of Scholarship: The Eventual Collapse Of The Distinction Between Grey And Non-Grey Literature, Marcus A. Banks

Copyright, Fair Use, Scholarly Communication, etc.

Abstract (from University of Arizona Campus Repository)

This paper argues that the distinction between grey and non-grey (or white) literature will become less relevant over time, as online discovery options proliferate. In the meantime, the political success of the open access publishing movement has valuable lessons for proponents of increasing access to grey literature.

Reflections On The Art Of Mentoring, Richard Leiter

Marvin and Virginia Schmid Law Library

I know that there are probably many articles on the subject of mentoring. Many of these articles have been written by colleagues, or recognized experts in the field of management. However, I have not read these articles and in advance I apologize for not reading them all or using them as references in the following essay. I come from a school of thought about management that believes that good managers are not made. They are born. This is not to say that we can't learn things about management. The fact is, we learn a great deal from others when we …

Paper Use And Recycling In Academic Libraries, Michele Calloway, Darren Callahan

E-JASL 1999-2009 (Volumes 1-10)

Conclusions

While it is difficult to predict what the future may hold in regard to paper use and recycling, without a doubt, academic libraries are sites of enormous consumption and they should be proactive in institutional improvements in waste management. A paperless society is unlikely to become a reality for a very long time, if ever, but what can libraries do now to discourage paper waste and encourage recycling? According to the results of this survey, libraries are taking steps to divert recyclables from the garbage. In the future, as people become even more accustomed to working in the electronic …

Reflections On Ranganathan’S Five Laws Of Library Science, Richard Leiter

Marvin and Virginia Schmid Law Library

This article is adapted from a column that I wrote for Legal Assistant Today in 1996. The column’s audience was legal assistants, some of whom, I discovered over my seven years as a columnist for the publication, had responsibility for managing law firm libraries or library resources in addition to their other duties. So from time to time my column drifted into advice about managing libraries. This particular column came about at a time when I was mentoring some younger librarians and discovered to my surprise that they did not know of Ranganathan’s Five Laws of Library Science. When I …

The Americans With Disabilities Act And Academic Libraries In The Southeastern United States, Linda Lou Wiler, Eleanor Lomax

E-JASL 1999-2009 (Volumes 1-10)

Individuals with disabilities are one of the fastest-growing segments of United States society. In 1970, 11.7% of the United States population was limited in activity, a major factor in measuring and identifying people with disabilities. In 1990, because of the aging of America, 13.7 % of the population could be so identified. By 1994, 15% of the population fell into this group. During this latter period, the older population stayed fairly stable but children and younger adults with disabilities increased greatly. Many different figures, depending upon the method of counting, e.g., age groups included, or whether residence was in a …

The Digital Millennium Copyright Act Of 1998: U.S. Copyright Office Summary

Copyright, Fair Use, Scholarly Communication, etc.

The Digital Millennium Copyright Act (DMCA)1 was signed into law by President Clinton on October 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses a number of other significant copyright-related issues.

The DMCA is divided into five titles:

Title I, the “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.

Title II, the “Online Copyright Infringement Liability Limitation Act,” creates limitations on the liability of online service providers for copyright infringement when engaging in certain …

Memorandum From University Of Illinois College Of Law Professor Ronald D. Rotunda Memorandum To The Honorable Kenneth W. Starr Regarding Whether A Sitting President Is Subject To Indictment [Portions Redacted], Ronald D. Rotunda

United States Department of Justice: Publications and Materials

Re: Indictability of the President, with particular respect to whether President Bill Clinton could be charged with indictable offenses while in federal office.

Excerpt from the New York Times article: “It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”

Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill

Department of Sociology: Dissertations, Theses, and Student Research

Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …

Job Satisfaction And Job Performance: A Meta-Analysis, Michelle Iaffaldano [Graef], Paul M. Muchinsky

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

The assumption that job satisfaction and job performance are related has much intuitive appeal, despite the fact that reviewers of this literature have concluded there is no strong pervasive relation between these two variables. The present meta-analytic study demonstrates that (a) the best estimate of the true population correlation between satisfaction and performance is relatively low (.17); (b) much of the variability in results obtained in previous research has been due to the use of small sample sizes, whereas unreliable measurement of the satisfaction and performance constructs has contributed relatively little to this observed variability in correlations; and (c) nine …

Federal Regulations Pertaining To Collection, Import, Export, And Transport Of Scientific Specimens Of Mammals, Hugh H. Genoways, Jerry R. Choate

University of Nebraska State Museum: Mammalogy Papers

The routine tasks of mammalogists whose research or curatorial activities include collecting, importing, processing, exporting, or interstate transporting of living or dead scientific specimens of mammals have become increasingly complicated by newly enacted (or more rigorously enforced) Federal regulations. These regulations were necessary largely because of the activities of non-scientists, but their provisions have had a tremendous impact on the activities of scientists (especially museum-based systematists and ecologists). Most mammalogists have expressed a willingness to comply with the regulations (although nearly all agree that administration of the permit system should be consolidated into a single office) if they can obtain …

Federal And State Regulations Pertaining To Systematic Collections. I. A Case Of Inadvertent Violation Of Federal Regulations, Jerry R. Choate, Hugh H. Genoways

University of Nebraska State Museum: Mammalogy Papers

On 25 April 1975, at the twenty-second annual meeting of the Southwestern Association of Naturalists (SWAN), at the University of Oklahoma Biological Station, President Keith A. Arnold appointed Jerry Choate to investigate current regulations pertaining to collection and transport of scientific specimens in the region of representation (including Mexico) or SWAN. This charge involves both Federal and State laws, several of which are undergoing change and many of which doubtlessly are not familiar to the membership of SWAN. In order that SWAN members might be made aware of these regulations and not unwittingly commit violations, it was decided that SWANEWS …

A Rhetorical Analysis Of Political And Legal Speeches Of Robert B. Crosby, Gilbert F. Nykodym Ii

Department of Communication Studies: Dissertations, Theses, and Student Research

I first saw Robert Crosby as a lawyer defending Duane Pope in November 1965. I was intensely interested in the Pope trial for a number of reasons. I was interested because, first, as a law student I found the legal points of interest, second, one of my law professors, Wallace Rudolph, was serving as an assistant defense counsel in the trial and, third, having a bachelors degree in speech I wanted to see what part speaking played in this trial.

As I began graduate work in speech I took a course entitled Rhetorical Criticism under Dr. Donald O. Olson. I …

George W. Norris's Persuasion In The Campaign For The Unicameral Legislature, Phillip K. Tompkins

College of Education and Human Sciences: Dissertations, Theses, and Student Research

The people of forty-seven states in this country are governed by bicameral or two-house legislatures. The people of the forty-eighth, Nebraskans, are governed by a unicameral or one-house legislature.

On November 6, 1934, the people of Nebraska provided by amendment to their state constitution, a one-house legislature to be composed of between thirty and fifty members to be elected on a non-partisan ballot. The number of solons was later set at forty-three, and 1957 marked the twentieth anniversary of the first unicameral session in Nebraska.

Senator George W. Norris is generally regarded by all as the father of the unicameral …