Law Commons^™

Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn

Honors Theses

This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …

Judicial Libraries As Predictors For Effective Administration Of Justice In Nigeria, Emmanuel Owushi

Library Philosophy and Practice (e-journal)

The study examined judicial libraries as predictors for effective administration of justice in Nigeria. The population involved all legal practitioners and legal educators in Nigeria. 4000 respondents were sampled. Due to unavailability of the population at the time of the study, the adopted convenience sampling technique to sample 4000 respondents across legal professional bodies in Nigeria. A structured questionnaire titled ‘Use of Judicial Library and Administration of Justice Scale’ was used for data collection. The questionnaire was structured with the 4-point Likert scale response style, designed on Google form and distributed to the respondents via various social media platforms. A …

2022 Census Of Agriculture: Nebraska Highlights, Kathleen Brooks, Bradley Lubben

Cornhusker Economics

In February 2024, the United States Department of Agriculture National Agricultural Statistics Service published data from the 2022 Census of Agriculture. This data is collected every five years. The current article highlights a few of the Nebraska numbers. Two significant highlights from the data are the total number of farms and the total value of production. U.S. farm numbers declined modestly in the U.S. from 2.04 million in 2017 to 1.90 million in 2022. The total value of production for U.S. farms and ranches increased substantially from $388.5 billion in 2017 to $543.1 billion in 2022. Crop production accounted for …

The Second Digital Transformation Of Scholarly Publishing: Strategic Context And Shared Infrastructure, Tracy Bergstrom, Oya Y. Rieger, Roger C. Schonfeld

Copyright, Fair Use, Scholarly Communication, etc.

Today, the scholarly publishing sector is undergoing its second digital transformation. The first digital transformation saw a massive shift from paper to digital, but otherwise publishing retained many of the structures, workflows, incentives, and outputs that characterized the print era. A variety of shared infrastructure was developed to serve the needs of this first digital transformation. In this current second digital transformation, many of the structures, workflows, incentives, and outputs that characterized the print era are being revamped in favor of new approaches that bring tremendous opportunities, and also non-trivial risks, to scholarly communication. The second digital transformation requires shared …

Royster Receives Lifetime Achievement Award, Retires From Nebraska

Copyright, Fair Use, Scholarly Communication, etc.

Paul Royster, coordinator for scholarly communication, completes his 19-year career at the University of Nebraska- Lincoln Libraries with a Lifetime Achievement Award from Elsevier Digital Commons for work on behalf of the faculty and students in the growth of the Universityʼs institutional repository (IR) and his innovations that have shaped the development of the platform.

Housing Discrimination And Negative Attitudes Towards Ex-Offender Parents, Julie Wertheimer-Meier

Department of Psychology: Dissertations, Theses, and Student Research

While the Fair Housing Act prohibits housing discrimination because of race, gender, religion, sex, disability, family status, and national origin, it allows housing providers to discriminate on the basis of criminal history. Prior research shows that housing providers disproportionately deny housing to ex-offender applicants and single parent applicants with young children. An ex-offender parent’s inability to acquire safe and affordable housing decreases the potential for reunification with their children and increases the risk of lost custody or parental rights termination. This dissertation consisted of two experiments that examined the effects of negative attitudes towards ex-offender parents on those parents’ ability …

Report To The U. S. Congress On Financing Mechanisms For Open Access Publishing Of Federally Funded Research, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary The White House Office of Science and Technology Policy (OSTP) submits this report to the Appropriations Committees of the Senate and the House in fulfillment of the requirement in the Committee Report accompanying the Consolidated Appropriations Act, 2023 (P.L. 117-328) for financing mechanisms for open access publishing of federally funded research.1 According to that Report, “The Committee recognizes the considerable progress made by OSTP” and “encourages OSTP to continue its efforts to coordinate the implementation of public access policies across Federal departments and agencies and to identify additional opportunities to enhance access to the results of Federally funded …

Navigating Risk In Vendor Data Privacy Practices: An Analysis Of Elsevier's Sciencedirect, Becky Yoose, Nick Shockey

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

As libraries transitioned from buying materials to licensing content, serious threats to privacy followed. This change shifted more control over library user data (and whether it is collected or kept at all) from the local library to third-party vendors, including personal data about what people search for and what they read. This transition has further reinforced the move by some of the largest academic publishers to move beyond content and become data analytics businesses that provide platforms of tools used throughout the research lifecycle that can collect user data at each stage. These companies have an increasing incentive …

Executive Order On The Safe, Secure, And Trustworthy Development And Use Of Artificial Intelligence, Joseph R. Biden

Copyright, Fair Use, Scholarly Communication, etc.

Section 1. Purpose. Artificial intelligence (AI) holds extraordinary potential for both promise and peril. Responsible AI use has the potential to help solve urgent challenges while making our world more prosperous, productive, innovative, and secure. At the same time, irresponsible use could exacerbate societal harms such as fraud, discrimination, bias, and disinformation; displace and disempower workers; stifle competition; and pose risks to national security. Harnessing AI for good and realizing its myriad benefits requires mitigating its substantial risks. This endeavor demands a society-wide effort that includes government, the private sector, academia, and civil society.

My Administration places the highest urgency …

Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham

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

Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …

Comparison Of Library Publishing Workflows By Oa Model, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Population of an institutional repository is a form of publishing. Green and diamond OA library publishing workflows are compared. The workflow for gold OA does not involve library publishing. Some data about the UNL Digital Commons institutional repository (https://digitalcommons.unl.edu) are included.

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.

Article Processing Charges For Open Access Journal Publishing: A Review, Ángel Borrego

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

Some open access (OA) publishers charge authors fees to make their articles freely available online. This paper reviews literature on article processing charges (APCs) that has been published since 2000. Despite praise for diamond OA journals, which charge no fees, most OA articles are published by commercial publishers that charge APCs. Publishers fix APCs depending on the reputation assigned to journals by peers. Evidence shows a relationship between high impact metrics and higher, faster rising APCs. Authors express reluctance about APCs, although this varies by discipline depending on previous experience of paying publication fees and the availability of research …

Defining Open Scholarly Infrastructure: A Review Of Relevant Literature, Saman Goudarzi, Richard Dunks

Copyright, Fair Use, Scholarly Communication, etc.

This report outlines IOI’s initial attempt towards a framework for understanding open infrastructure for research and scholarship. For this report, we examined a body of literature that includes works across the fields of anthropology, scholarly communications, international development studies, science and technology studies, and infrastructure studies. ....

This review also makes clear that the distinguishing feature between open infrastructure and its commercially-run and -operated counterparts is the fact that its value lies not just in its ability to support productive functions but how it fosters positive and desirable social practices and values. It is insufficient to simply assert certain values …

The Open Access Journals Toolkit, Alex Mendonça, Andrea Chiarelli, Andy Byers, Andy Nobes, Chris Hartgerink, Clarissa França Dias Carneiro, Elle Malcolmson, Ivonne Lijano, Katie Foxall, Lucia Loffreda, Rebecca Wojturska, Solange Santos, Susan Murray, Tom Olijhoek, Wendy Patterson

Copyright, Fair Use, Scholarly Communication, etc.

Contents: Getting Started 5 • Scope, aims and focus 5 • Choosing a title for your journal 6 • Types of content accepted 7 • Kick-off and ongoing funding 11 • Disciplinary considerations 16 • Journal setup checklist and timeline 18 • Running a journal 20 • Article selection criteria 20 • Publication frequency and journal issues 23 • Attracting authors 25 • Peer review and quality assurance 27 • The costs of running an online open access journal 31 • Running a journal in a local or regional language 34 • Flipping a journal to open access 36 • …

U.S Department Of Energy Public Access Plan, U.S Department Of Energy

Copyright, Fair Use, Scholarly Communication, etc.

This document, the Public Access Plan (the Plan) for the Department of Energy (DOE or Department), including the National Nuclear Security Administration, presents the Department of Energy’s plan for increasing access to the results of the research and development (R&D) it supports in response to the August 25, 2022, Office of Science and Technology Policy (OSTP) Memorandum, “Ensuring Free, Immediate, and Equitable Access to Federally Funded Research”1 and to the previous February 22, 2013, OSTP Memorandum, “Increasing Access to the Results of Federally Funded Scientific Research.”2 This Plan, which supplants the Department’s July 2014 Public Access Plan, was developed by …

Name Change Practices, Digital Commons Institutional Repository, Sue Ann Gardner

Copyright, Fair Use, Scholarly Communication, etc.

Includes information on practices for starting the process, guidelines for remedy by type of name change, and default practices for change of first/given name for name changes in the University of Nebraska-Lincoln Libraries' Digital Commons institutional repository.

The Impacts Of Site Formation Processes On Excavation Methodology: The Study Of A World War Ii B-24 Crash Site In Munster, Germany, Alicia J. Lawson

Anthropology Department: Theses

Academic partnerships between universities and the Defense POW/MIA Accounting Agency (DPAA) are a recent development to provide top research universities resources to assist in recovering and identifying MIA service members since World War II. A University of Nebraska – Lincoln (UNL)/DPAA Partner excavation revisited a WWII B-24H crash site in Münster, Germany in the summer of 2022. B-24H [redacted] crashed into three agricultural fields on 23 March 1945. Utilizing quantitative and qualitative data collected on the incident-related and archaeological osseous remains and artifacts recovered from the fields and the fields’ land use history, this thesis focuses on analyzing the site …

The Rise And Fall Of Daca: An Audio Series, Dulce Garcia

Honors Theses

The history of Deferred Action for Childhood Arrivals, commonly known as DACA, is a tumultuous one. In 2012, when President Obama created DACA through an executive order it gave relief to hundreds of thousands of people who were brought to the United States as children without their knowledge, giving them a range of benefits like never before including a work permit, a social security number, protection from deportation, and others. Yet, these last ten years the program has stood on shaky grounds with constant court battles canceling, reinstating or partially rolling the program. This audio series will give a deep …

Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling

Honors Theses

This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …

Ithaka S+R Us Library Survey 2022: Navigating The New Normal, Ioana G. Hulbert

Copyright, Fair Use, Scholarly Communication, etc.

The Ithaka S+R Library Survey has examined leadership and strategic perspectives in the field by surveying library deans and directors nationally on a triennial basis since 2010. The research project’s overarching goals are to provide the library community with a valuable data source to inform decision making and track the emerging opportunities and challenges leaders face in steering their organizations. In fall 2022, we surveyed library leaders at not-for-profit four-year academic institutions across the United States, with a response rate of 42 percent based on 612 responses.

In this sixth iteration of the project, we continued to track high-level issues …

With Liberty And Justice For The Wealthy: The Criminalization Of The American Poor, Ashlyn Dickmeyer

Honors Theses

The last phrase of the Pledge of Allegiance states “with liberty and justice for all”. However, not everyone has access to this liberty and justice. Liberty and justice can be bought in this country for a price, and those who can’t afford to pay it are often left in the hands of those who can. One of the most prominent ways to see this is by analyzing the criminal justice system. Despite clauses in the Fourteenth Amendment and court cases like Gideon v. Wainwright (1963) establishing and upholding that the poor are entitled to equal treatment within the criminal justice …

Generative Artificial Intelligence And Copyright Law, Christopher T. Zirpoli

Copyright, Fair Use, Scholarly Communication, etc.

Recent innovations in artificial intelligence (AI) are raising new questions about how copyright law principles such as authorship, infringement, and fair use will apply to content created or used by AI. So-called “generative AI” computer programs—such as Open AI’s DALL-E 2 and ChatGPT programs, Stability AI’s Stable Diffusion program, and Midjourney’s self-titled program—are able to generate new images, texts, and other content (or “outputs”) in response to a user’s textual prompts (or “inputs”). These generative AI programs are “trained” to generate such works partly by exposing them to large quantities of existing works such as writings, photos, paintings, and other …

Fog Of War: How The Ukraine Conflict Transformed The Cyber Threat Landscape, Threat Analysis Group (Tag), Mandiant, Google Trust & Safety

Copyright, Fair Use, Scholarly Communication, etc.

One year ago, Russia invaded Ukraine. Since then, tens of thousands of people have been killed, millions of Ukrainians have fled and the country has sustained tens of billions of dollars worth of damage. Importantly, this marks the first time that cyber operations have played such a prominent role in a world conflict.

Since the war began, governments, companies, civil society groups, and countless others have been working around the clock to support the Ukrainian people and their institutions. At Google, we support these efforts and continue to announce new commitments and support to Ukraine. This includes a donation of …

Arxiv Annual Report 2022, Cornell Tech

Copyright, Fair Use, Scholarly Communication, etc.

arXiv is a curated research-sharing platform open to anyone. As a pioneer in open access, arXiv.org now hosts more than 2.1 million scholarly articles in eight subject areas, curated by our strong community of volunteer moderators who balance content quality with distribution speed. arXiv provides an article submission portal, a TeX compilation service, search and discovery tools, web distribution for human readers,API access, machine readable data sets, and community-developed tools. Our emphasis on openness, collaboration, and scholarship provides the strong foundation on which arXiv thrives.

Mission — arXiv is an open platform where researchers can share and discover new, relevant, …

Why School Choice Is Necessary For Religious Liberty And Freedom Of Belief, Richard F. Duncan

Nebraska College of Law: Faculty Publications

The government school monopoly for funding K–12 education creates a coercive system that commandeers a captive audience of impressionable children for inculcation in secular ideas, beliefs, and values concerning matters of truth, moral character, culture, and the good life. The brutal bargain imposed on parents by this monopoly requires them to choose between the single largest benefit most families receive from state and local governments and educating their children in a curriculum that is consistent with the preferred educative speech of the parents. To choose the latter is to sacrifice hundreds of thousands of dollars of tax-funded support for K–12 …

Copyright And Racism, Kimber Thomas

Copyright, Fair Use, Scholarly Communication, etc.

Slides on copyright and racism by Dr. Kimber Thomas with an emphasis on United States copyright.

Includes points related to the origin of United States copyright law, original authorship and tangibility requirements, creation of works via oral or visual tradition and knowledge, the useful articles exclusion, and works made for hire.

The ‘Hijacking’ Of The Scandinavian Journal Of Information Systems: Implications For The Information Systems Community [Opinion], Sune Dueholm Müller, Johan Ivar Sæbø

Copyright, Fair Use, Scholarly Communication, etc.

Journal hijacking, which refers to the attempted brand takeover of a journal by a third party, is a nascent threat confronting the information systems (IS) community, as evidenced by cybercriminals having established an online presence, masquerading as the Scandinavian Journal of Information Systems (SJIS). The SJIS hijacking damages the journal's reputation, leads to payment and publication scams, involves identity theft among unsuspecting IS researchers, and results in tarnished author reputations. Beyond SJIS, journal hijacking presents a threat, not only to the IS community, but also to science and academic integrity in general if researchers and readers cannot distinguish between fake …

Court Review: The Journal Of The American Judges Association, Vol. 59, No. 4, Eve M. Brank, David Dreyer, David Prince

Court Review: The Journal of the American Judges Association

Articles

The Role of the Judge in Establishing a VTC, Mishkat Al Moumin, Judge Gayle Williams-Byers, and Amber Menchio

Prospective Jurors’ Attitudes Toward Voir Dire, Wendy P. Heath and Bruce D. Grannemann

Constitutional Losses and (Some) Statutory Wins for Criminal Defendants: Select Criminal Law and Procedure Cases from the Supreme Court’s 2022-23 Term, Eve Brensike Primus and Mark Rucci

Departments

Editor’s Note, David Prince

President’s Column: The American Judges Association--Making Better Judges Since 1959, and Continuing to Lead the Way! Catherine Carlson

Thoughts from Canada: Publication Bans--The Supreme Court of Canada Considers Their Impact Upon the Conflict between the Open …

Law Libraries And Sustainability Of Judicial Precedent In Nigerian Legal System, Emmanuel Owushi Dr

Library Philosophy and Practice (e-journal)

The study adopted descriptive study to examine law libraries and sustainability of judicial precedent in Nigerian legal system. The population involved legal educators, law librarians and practitioners in four States in different geopolitical zones of Nigeria, namely Rivers State, Lagos State, Benue State, and Anambra State. Due to the large population, the study employed multi-stage of balloting and random sampling techniques to sample 100 respondents each from the selected states. Out of the 400 samples, 389 respondents responded correctly to the questionnaire, indicating a 97.3 percent response rate. A self-designed questionnaire was utilized and means score was used to answer …