Law Commons^™

Where Is The Evidence? Realising The Value Of Grey Literature For Public Policy & Practice, A Discussion Paper, Amanda Lawrence, John Houghton, Julian Thomas, Paul Weldon

Copyright, Fair Use, Scholarly Communication, etc.

The internet has profoundly changed how we produce, use and collect research and information for public policy and practice, with grey literature playing an increasingly important role. The authors argue that grey literature (i.e. material produced and published by organisations without recourse to the commercial or scholarly publishing industry) is a key part of the evidence produced and used for public policy and practice. Through surveys of users, producing organisations and collecting services a detailed picture is provided of the importance and economic value of grey literature. However, finding and accessing policy information is a time-consuming task made harder by …

Copyright, Fair Use And Author’S Rights Ii (October/November 2014), Paul Royster

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Copyright is a battlefield, and an author’s control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish. In this session you will learn more about U.S. Copyright Law, Author’s Rights, and protecting your Intellectual Property. Faculty members Paul Royster and Sue Gardner will speak on Copyright, Fair Use, and Author Rights. You …

7 Tips For An Efficient Faculty Bibliography: How To Tackle Faculty Bibliography Challenges With (Relative) Ease, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library

There are many reasons to compile a faculty bibliography: recording faculty accomplishments, preserving information for future generations, and supporting your institution’s external affairs office, to name a few. Also, it is a potential publication for librarians at a tenure-granting institution. So, why did we decide to create a faculty bibliography? It was a combination of past inquiries from our patrons and the need to publish. Prior to this bibliography, no such compilation of our faculty’s work existed. Although our library hosts a display of current faculty scholarship at the start of each fall semester to promote recent faculty publications, we …

Proportion Of Open Access Papers Published In Peer-Reviewed Journals At The European And World Levels—1996–2013, Éric Archambault, Didier Amyot, Philippe Deschamps, Aurore Nicol, Françoise Provencher, Lise Rebout, Guillaume Roberge

Copyright, Fair Use, Scholarly Communication, etc.

This study report assesses the free availability of scholarly publications during the 1996 to 2013 period. It is the largest scale measurement of open access availability performed to date: a sample of one-quarter of a million records was used to study the historical evolution of open access (OA) between 1996 and 2013 and a larger, one million records sample was used to perform an in-depth assessment of the proportion and scientific impact of OA between 2008 and 2013 in different types of OA, for different scientific fields of knowledge, and for 44 countries, the EU28, ERA, and the world.

Compared …

Hidden In Plain Sight: Exploring The Vulnerabilities Of Street-Working Boys In Se Asia, Jarrett Davis, Glenn Miles

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

The sexual exploitation of men and boys is often little understood and commonly goes ignored. Internationally, it is said that 1 in 6 boys are sexually abused before reaching adulthood and in some nations the exploitation and abuse of boys far outweighs that of girls. Social and cultural norms often assume men and boys to be inherently strong and/or invulnerable to sexual exploitation; however, research in this area continues to show these assumptions to be false. Because of this lack of awareness, the efforts of the organizations and individuals who work to provide for the needs of male victims are …

Analysis Of Human Trafficking Cases In Rhode Island, 2009-2013, Donna M. Hughes, Rachel Dunham, Faith Skodmin, Lucy Tillman, Jessica Wainfor

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This presentation is an analysis of seven state and federal cases of human trafficking, including forced labor and sex trafficking, in Rhode Island from 2009 until 2013. In 2009, Rhode Island passed a comprehensive human trafficking law. Since then there have been six cases of sex trafficking and one case of forced labor. Sources for information on the human trafficking cases were police reports, witness statements, court documents and media reports. This presentation will briefly summarize the cases and discuss the similarities and difference among the cases and discuss of some key findings from these cases, which include:
1) Victims …

The Problem Of State Intervention In Post-Abolition Slavery: A Critique Of Consensus, Anthony Talbott, David Watkins

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Slavery is now illegal by all states and under international law. Contrary to the hopes of abolitionists, this state of affairs has transformed rather than eradicated slavery as an institution. Furthermore, responses by states to post-abolition forms of slavery have often been less than ideal. This paper begins by comparing two state responses to slavery in the early 20th century: the federal peonage trials in Montgomery, Alabama from 1903-1905, and the federal response to an alleged epidemic of “white slavery” from 1909-1910, culminating in the passage of the White Slave-Traffic Act. Taken together, these responses engender pessimism about the state …

Copyright, Fair Use, And Author Rights, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

From the promotional flyer for this talk:

Copyright is a battlefield, and an author's control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish.

In this session, you will learn more about U.S. Copyright Law, authors' rights, fair use, and protecting your intellectual property. You will learn how to make copyright law …

Climate Change Survey Measures: Exploring Perceived Bias And Question Interpretation, Tarik Abdel-Monem, Lisa M. Pytlikzillig, Tonya K. Bernadt, Nicole Wall

Lisa PytlikZillig Publications

Climate change has become an important yet politically divisive topic in recent years. Further complicating the issue are assertions that climate change– related public opinion surveys used by social scientists are biased or otherwise problematic. We conducted a pilot study to explore questions concerning bias and interpretation of climate change surveys. Our study sample was composed of adult residents of Nebraska (n = 115). We augmented our survey findings with cognitive interviews of a subsample of respondents (n = 20). We assessed study participants’ attitudes about climate change, and perceptions of bias and interpretation of survey questions drawn from previously …

Human Trafficking To Northern America: The Balkan Connection, Natalya Timoshkina, Naser Miftari, Antonela Arhin

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This paper draws on the results of a large multi-method study, which examined human trafficking from the former Eastern Bloc to Northern America (Canada and the United States). The study was conducted in 2011-2013, and funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). The analysis is grounded in the findings from 9 countries of the Balkan region included in the study: Albania, Bulgaria, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia, and Slovenia. The following data sources were used: (a) national and international reports, media and academic articles, and various documents (in English and official languages …

Human Trafficking, Education And Migration At Ngos In Cambodia And Thailand, Robert Spires, Xinyi Duan

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This presentation is based on in-progress collaborative research between researcher Dr. Bob Spires and Hong Kong-based NGO Liberty Asia. The research involves interviews and observations conducted at multiple NGOs in Cambodia and Thailand working to address human trafficking and incorporating educational components into their programs. The study uses comparative lenses to examine issues of education and migration in both the Cambodian and Thai context for human trafficking survivors and at-risk populations. The study is interdisciplinary, drawing on the work on human trafficking in several social science fields. The framework for the research is based on Frank Laczko and Elzbieta Gozdziak’s …

Bra’S For A Cause: A Service Learning Project In A Freshman Level Human Trafficking Course, Beth A. Wiersma

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Women and Children for Sale: The Global Problem of Human Trafficking is a General Studies Portal course for college freshman at a Midwestern university. The students in the course were surveyed the first day of class about why they chose the course, what they hoped to get out of the course, what they believed to be true about human trafficking, and how they learned about human trafficking. During the semester the students planned and carried out a service learning project “Bras for a Cause”. This project involved educating others about human trafficking and collecting bras. The bras are sent overseas …

The Nebraska Transcript, Fall 2014, Vol. 47 No. 2

Nebraska Transcript

Contents

2 Dean’s Message

Faculty Updates
3 Law Psych Program Celebrates 40 Years
4 Profile: Brian Striman
6 Faculty Notes
14 Telecommunications Conference
16 Sandy Zellmer Writes Mississippi River Tragedies
18 Alan Frank Retires After 42 Years
21 College to Host International Client Counseling Competition

Feature: 22 Client Counseling Team National Champions

Around the College
27 New Space Law Course
28 Professor Richard Epstein Delivers Pound Lecture
30 Student Accolades
32 ADC Clinic Travels the State
33 2014 Spring Commencement

Our Alumni
38 Library Archives Alumni Papers
39 Alumni Council Awards 40 Alums Assisted Civil Rights Act
41 Firms Help …

Accreditation Issues In Faculty Of Law Of Nigerian Universities: Imperatives For Law Libraries, Laws And Statutes., Oliver Theophine Onwudinjo Dr, Chukwuma Obiora Nwosu Professor, Cyprain I. Ugwu Dr

Library Philosophy and Practice (e-journal)

The study investigated the development of laws and statutes (local and foreign) collections, an accreditation requirement in the South East Universities in relation to the Council of Legal Education standards. The scope consists of 34 titles of local and foreign laws and statutes listed by Council of Legal Education as accreditation bench mark and involves seven law faculty libraries in the universities South East Geopolitical zone of Nigeria that offer law programme. The instrument for data collection was the standard check list released by Council of Legal Education. This check list was found appropriate and adopted for this study. Two …

Reconstructing A College Model For Countering Human Trafficking, Ron D. Petitte

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Assessment is a hallmark of 21st Century academia. Accordingly, the 2013 college model for countering human trafficking² was reviewed and assessed by the author, leading to a restructuring of the model, in order to present developments that have occurred since the October 2013 Interdisciplinary Conference on Human Trafficking, at the University of Nebraska-Lincoln, as well as attempting to engineer a more practical and effective model: There are two areas of research that link directly to the spectre of human trafficking. The first is economics; and, the question that is raised: “Is human trafficking, today, the result of unjust economic …

A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky, Theresa C. Hayden

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Backpage.com and Craigslist are replacing the street corner as a crime source for buying and selling of sex. “To reduce commercial sexual exploitation and enforce existing trafficking laws, communities must first recognize the extent of the problem within their local area (Janson, Mann, Marro, & Matvey, 2013, 99). In a population density study conducted in 15 major U. S. cities, it was found that males over 18 years of age who buy sex online ranged from 0.6% in San Francisco to 21.4% in Houston (Roe-Sepoqitz, Hickle, Gallagher, Smith, & Hedberg, 2013). Researchers in the Greater Cincinnati area found a high …

The Social And Economic Implications Of Human Trafficking In Nigeria: Naptip In Focus, Eunice I. Anuforom

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Human trafficking is globally recognized as a modern day slavery with multifarious negative socio-economic, legal and health implications. Besides drugs trafficking and gun running, human trafficking has become a lucrative business globally and yields an estimated US$32 million annually. Traffickers trade on human lives, subject them to gory and traumatic experiences in order to make profits. Human trafficking is therefore the worst form of human rights violations and a gender based violence against female who constitute the majority of the victims in the country. Regrettably, Nigeria occupies the ignoble position of a source, transit and destination country for trafficking. In …

Goodbye To Berlin –Where Is Oa Heading?, Claudio Aspesi

Copyright, Fair Use, Scholarly Communication, etc.

The Facts: Perhaps 10 to 20% of all peer-reviewed articles are published in OA. Almost 10,000 journals listed in the DOAJ.Reed Elsevier and Wiley’s share prices are doing well. Subscription publishing seems in great health.

What is Going On? Full Gold OA is a major threat to the economics of subscription publishers...with significant possible repercussions on the company’s overall performance.

But OA Implementation is Failing: Definition remains vague, probably because objectives are vague. "Europeans are from Mars, Americans are from Venus”. Hybrid model is effectively impossible to monitor. Expectations that OA will address the serial costs crisis are fading away …

Reproduction Of Copyrighted Works By Educators And Librarians, United States Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

Many educators and librarians ask about the fair use and photocopying provisions of the copyright law. The United States Copyright Office cannot give legal advice or offer opinions on what is permitted or prohibited. However, we have published in this circular basic information on some of the most important legislative provisions and other documents dealing with reproduction by librarians and educators.

The Subjects Covered in This Booklet

The documentary materials collected in this circular deal with reproduction of copyrighted works by educators, librarians, and archivists for a variety of uses, including:

• Reproduction for teaching in educational institutions at all …

An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch

College of Journalism and Mass Communications: Theses

The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such …

The Verdict Is In: Judge And Administrator Perceptions Of State Court Governance, Christopher D. Kimbrough, Mitchel Herian, David B. Rottman, Brian H. Bornstein, Alan Tomkins

Alan Tomkins Publications

The court unification movement has progressed in fits and starts over the decades. Recent proposals have been put forth that attempt to continue the move toward a state court structure that utilizes a more coherent approach to governance. Drawing on a survey of court personnel who were asked about a set of proposed governance principles, this article examines how state court judges and administrators view their roles and responsibilities in the court system, the current need for court reform, the importance of future trends, and whether they are confident in the performance of their respective court system. Three hundred and …

Ownership Of Intellectual Property, Policy Of The University Of Nebraska Board Of Regents, University Of Nebraska Board Of Regents

Digital Commons / Institutional Repository Information

The prompt and open dissemination of the results of research undertaken at the University of Nebraska and the free exchange of information among scholars are essential to the fulfillment of the University's obligations as an institution committed to excellence in research, education, and service. Matters of ownership, distribution, and commercial development nonetheless arise in the context of technology transfer, which is also an important aspect of the University's commitment to public service. The University of Nebraska as a public institution has a responsibility to recognize the State’s contribution of tax support for research and creative activity by devoting an appropriate …

Harvest Incentives: A Tool For Managing Aquatic Invasive Species, Bob Wiltshire, Nathan Stone, Marshall Meyers, Bill Hyatt, Lori Williams, Jason Goldberg, Susan Pasko, Leah Elwell

National Invasive Species Council

Conclusion

The success of any harvest incentive program to address aquatic invasive species will depend upon numerous biological, socioeconomic, and legal considerations. Programs that encourage harvest may be a successful management tool in targeting small, distinct populations; in high priority areas within a larger invasion; or they may play a supplementary role within larger control programs. Their use, however, will require careful review, planning, and monitoring to ensure success and that they do not unintentionally lead to further spread of invasive species, cause additional harm to native species, or waste valuable resources.

The Number Of Scholarly Documents On The Public Web, Madian Khabsa, C. Lee Giles

Copyright, Fair Use, Scholarly Communication, etc.

The number of scholarly documents available on the web is estimated using capture/recapture methods by studying the coverage of two major academic search engines: Google Scholar and Microsoft Academic Search. Our estimates show that at least 114 million English-language scholarly documents are accessible on the web, of which Google Scholar has nearly 100 million. Of these, we estimate that at least 27 million (24%) are freely available since they do not require a subscription or payment of any kind. In addition, at a finer scale, we also estimate the number of scholarly documents on the web for fifteen fields: Agricultural …

"I Want To Be Brave": A Baseline Study On The Vulnerabilities Of Street-Working Boys In Sihanoukville, Cambodia, Jarrett Davis, Glenn Miles, M’Lop Tapang

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Focusing on street-working boys in Sihanoukville, this study partnered with social workers and child protection officers from M’lop Tapang (a key social service provider in Sihanoukville) to identify locations where young boys were known to be working along the beaches and within the town center. In recent years, Sihanoukville has become known as a rapidly developing commercial beach area, which has received increasing attention from foreign tourists, backpackers, and ex-patriots. Within this context, it has become a destination for migrant workers from surrounding provinces who have hopes of generating income through selling, begging, and other various means. The study conducted …

Procedural Due Process In Modern Problem-Solving Courts: An Application Of The Asymmetric Immune Knowledge Hypothesis, Leah C. Georges

Department of Psychology: Dissertations, Theses, and Student Research

Problem-solving courts, such as drug and mental health courts, function under the model of therapeutic jurisprudence—the idea that legal policies and procedures should help and not harm clients, within the confines of the law (Winick & Wexler, 2002). Although it would seem that the lack of procedural due process in most problem-solving courts is in direct opposition to the best interests of a client, it is possible that observers find this more of a problem than do the court clients themselves. This two-experiment study applied Igou’s (2008) AIK hypothesis to problem-solving courts’ practice of sanctioning in the absence of due …

The Nebraska Transcript, Spring 2014, Vol. 47 No. 1

Nebraska Transcript

Dean’s Message

Faculty Updates
Profile: Bill Lyons
Faculty Notes
Faculty Lead the Way at International Conference
Schaefer Publishes White Paper
Pearlman, Dority Baker Publish Bibliography

Feature:
International Perspectives Introduced into 1L Curriculum

Around the College
Pearce Named New Assistant Dean for Student Affairs & Administration
Brooks, ’15, Spends Summer in Thailand
Donald Examines Impact of Technology on Profession
Carter Delivers Lane Lecture
CLEP Brings Law-Related Education to Schools
Alumni Volunteers Provide Valuable Time to CSO
Reflections on Gideon
Student Group Promotes Rural Connections
December Commencement Pictorial

Our Alumni
Nordhues Leads Development Office
McIlnay: Alumni Master
Veltchkov: Bulgaria’s Deputy Foreign …

Women As Expert Witnesses: A Review Of The Literature, Tess M. S. Neal

University of Nebraska Public Policy Center: Publications

This review of women’s participation in the legal system as expert witnesses examines the empirical literature on the perceived credibility and persuasiveness of women compared with men experts. The effects of expert gender are complex and sometimes depend on the circumstances of the case. Some studies find no differences, some find favorable effects for women and others for men, and still others find that expert gender interacts with other circumstances of the case. The findings are interpreted through social role theory and the role incongruity theory of prejudice. Future directions for research are identified and implications are considered for attorneys …

A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 1892–2013, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library

This bibliography attempts to include all faculty members at the College of Law beginning in 1892 through the faculty members of the 2012–2013 academic year. We included publications from tenure-track law, law library, and law clinical faculty members and visiting faculty members who were at the College of Law for three or more years. Although we did not include the scholarship of faculty members who visited for less than three years or adjunct faculty, we did include a list of those faculty members for historical purposes. We used the Official Bulletin of Nebraska Law and the Nebraska Law Review to …

Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell

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

This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.