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Full-Text Articles in Law

Book Challenges Popping Up All Over: What Do School Principals Need To Know?, Samantha Laine Hull, Sue Kimmel Jan 2024

Book Challenges Popping Up All Over: What Do School Principals Need To Know?, Samantha Laine Hull, Sue Kimmel

STEMPS Faculty Publications

This chapter provides practical advice and reasons for school leaders to support students' intellectual freedom through their support of school libraries and school librarians. The chapter begins with a short but critical literature review that includes case law on the topic of censorship in schools. The concerns of teachers and librarians from a recent study are summarized and help build the foundation for practical and ready to use advice for any school leaders to uphold the intellectual freedom of all students.


Law Librarians, Let’S Talk About Book Banning, Olivia R. Smith Schlinck May 2023

Law Librarians, Let’S Talk About Book Banning, Olivia R. Smith Schlinck

Library Staff Online Publications

As seems to be the new normal, there is a lot happening in the news (*gestures vaguely around*). It’s easy to focus on a few issues at the expense of others or to get overwhelmed and check out entirely. But there is one issue that keeping tabs on feels like a professional obligation: book banning.


Battlegrounds For Banned Books: The First Amendment And Public School Libraries, Jensen Rehn Mar 2023

Battlegrounds For Banned Books: The First Amendment And Public School Libraries, Jensen Rehn

Notre Dame Law Review

Embedded in each conversation about banning books are arguments that use legal terminology. A brief conversation about banned books with a librarian will likely lead to a discussion of the “Library Bill of Rights” published by the ALA. No one is bound by the ALA’s Bill of Rights, which lacks a method of enforcement. Thus, the question remains: what is the legal landscape of banning books? Unfortunately, the Supreme Court has not provided a clear precedent about banning books from public school libraries. In fact, the Supreme Court has only taken cases about libraries on three occasions, each of which …


Bolstering The Asian American Law Library Collection: A Collection Development Guide, Mari Cheney, Mandy Lee, Anna Lawless-Collins Jul 2022

Bolstering The Asian American Law Library Collection: A Collection Development Guide, Mari Cheney, Mandy Lee, Anna Lawless-Collins

Faculty Scholarship

An increase in Asian American hate crimes has compelled law librarians to consider their collection development decisions due to a gap in Asian American law library collections. Guidance for increasing Asian American–related materials, however, is sparse. This article aims to fill this gap by discussing the importance of representation, tips on how to perform a diversity audit, and suggestions for Asian American law-related titles.


Law Library Blog (April 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2022

Law Library Blog (April 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


A Call For The Library Community To Deploy Best Practices Toward A Database For Biocultural Knowledge Relating To Climate Change, Martha B. Lerski Jan 2022

A Call For The Library Community To Deploy Best Practices Toward A Database For Biocultural Knowledge Relating To Climate Change, Martha B. Lerski

Publications and Research

Abstract

Purpose – In this paper, a call to the library and information science community to support documentation and conservation of cultural and biocultural heritage has been presented.

Design/methodology/approach – Based in existing Literature, this proposal is generative and descriptive— rather than prescriptive—regarding precisely how libraries should collaborate to employ technical and ethical best practices to provide access to vital data, research and cultural narratives relating to climate.

Findings – COVID-19 and climate destruction signal urgent global challenges. Library best practices are positioned to respond to climate change. Literature indicates how libraries preserve, share and cross-link cultural and scientific knowledge. …


Becoming A More Environmentally Sustainable Law Library: How Law Libraries Can Reduce Their Carbon Footprint To Help Combat Climate Change, Todd G. E. Melnick Jan 2022

Becoming A More Environmentally Sustainable Law Library: How Law Libraries Can Reduce Their Carbon Footprint To Help Combat Climate Change, Todd G. E. Melnick

Staff Publications

No abstract provided.


Hosting Successful "Welcome Back" Events For Your Law School Students, Kelly Leong, Gail Mcdonald Jan 2022

Hosting Successful "Welcome Back" Events For Your Law School Students, Kelly Leong, Gail Mcdonald

Staff Publications

No abstract provided.


The Book I Never Got To Read: A Tale Of Book Censorship, Courtney Everett Jan 2022

The Book I Never Got To Read: A Tale Of Book Censorship, Courtney Everett

Emerging Writers

From the expression of authors to sharing perceptions of the world, the use of literature has been one of the most common ways of teaching students for generations. However, with opposing viewpoints and conflicting ideas, literary censorship has continued to become an issue among communities for longer than people realize, and it brings harm to humanity over time. This essay discusses the recent conflict of banning books in communities and its affect on students.


Consortial Cdl: Implementing Controlled Digital Lending As A Mechanism For Interlibrary Loan, Blc Controlled Digital Lending Working Group Sep 2021

Consortial Cdl: Implementing Controlled Digital Lending As A Mechanism For Interlibrary Loan, Blc Controlled Digital Lending Working Group

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

The Boston Library Consortium (BLC) was founded upon a shared commitment to promote cooperation in making resources more readily available. Consortial controlled digital lending (CDL) powerfully expands and reimagines resource sharing across the consortium.

In September 2020, the BLC Board of Directors convened a CDL Working Group charged with investigating delivery mechanisms, technology, workflows, policies, copyright and legal issues, shared storage solutions, and other actions related to a potential consortial implementation of CDL among interested BLC member libraries.

The Working Group consisted of fourteen representatives from eleven member libraries and the BLC’s Executive Director. For almost twelve months, the …


Democracy Requires Good Law Libraries – With Books, Franklin L. Runge Aug 2021

Democracy Requires Good Law Libraries – With Books, Franklin L. Runge

Library Scholarship

In this brief commentary, the author argues for the continued presence of a print collection in law libraries because (1) law libraries serve as a fail-safe for democracy, (2) inexperienced researchers achieve a greater understanding of how primary law is produced when exposed to print materials, and (3) there is still a high demand for print materials in scholarly endeavors.


Law Library Blog (April 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2021

Law Library Blog (April 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Restoring The Balance Of Copyright: Antitrust, Misuse, And Other Possible Paths To Challenge Inequitable Licensing Practices, Michelle M. Wu Jan 2021

Restoring The Balance Of Copyright: Antitrust, Misuse, And Other Possible Paths To Challenge Inequitable Licensing Practices, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Libraries’ purposes of ensuring access to and preservation of information have been compromised as licensing increasingly replaces ownership. This article outlines various novel legal strategies that libraries could use to restore copyright’s intended balance, including antitrust, preemption, misuse, and unconscionability.


Could Private Legislation Be The First Key To Unlocking The Nation’S Information Resources In The Battle Against Misinformation?, Michelle M. Wu Jan 2021

Could Private Legislation Be The First Key To Unlocking The Nation’S Information Resources In The Battle Against Misinformation?, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Unfiltered, unverified information flows freely on the web and is much more easily found and used than reliable sources. There are logical reasons for this, as quality, reliable information often costs both time and money to investigate, verify, and publish. However, that type of investment only justifies the charging for the information at the outset, not the cabining of it once it is available and has been purchased. Where public libraries have acquired content, they should be allowed to maximize its use in society within the bounds of copyright. Such use is within the spirit of copyright and its hope …


The Corruption Of Copyright And Returning It To Its Original Purposes, Michelle M. Wu Jan 2021

The Corruption Of Copyright And Returning It To Its Original Purposes, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Since its inception, Copyright has had two purposes: the private interest of the author in being paid for her work and the public interest served by the dissemination of these works. Within the last two decades, though, some industries have systematically undermined both of those interests, redirecting the benefits of copyright towards themselves instead of the intended beneficiaries. This paper looks at the book, music, and entertainment industries, examines how copyright has been used to suppress the uses it was intended to foster, and explores ongoing and proposed avenues for course correction.


Introducing The Copyright Anxiety Scale, Amanda Wakaruk, Céline Gareau-Brennan, Matthew Pietrosanu Jan 2021

Introducing The Copyright Anxiety Scale, Amanda Wakaruk, Céline Gareau-Brennan, Matthew Pietrosanu

Copyright, Fair Use, Scholarly Communication, etc.

Navigating copyright issues can be frustrating to the point of causing anxiety, potentially discouraging or inhibiting legitimate uses of copyright-protected materials. A lack of data about the extent and impact of these phenomena, known as copyright anxiety and copyright chill, respectively, motivated the authors to create the Copyright Anxiety Scale (CAS). This article provides an overview of the CAS’s development and validity testing. Results of an initial survey deployment drawing from a broad cross-section of respondents living in Canada and the United States (n = 521) establishes that the phenomenon of copyright anxiety is prevalent and likely associated with …


Copyright, Andrea Wallace Oct 2020

Copyright, Andrea Wallace

Copyright, Fair Use, Scholarly Communication, etc.

Copyright is intended to incentivize the production of new creative works and protect authors’ connection to them. In return, the author receives exclusive rights over the creative work and can commercialize or release them for various uses. Once the copyright expires, these works pass into the public domain and can be used by anyone to produce new creative works and knowledge.

GLAMs (Galleries, Archives, Libraries, and Museums) protect, preserve, and extend access to these works (and many other materials) for the appreciation of current and future generations. This is often facilitated today by digitizing collections and making them available online. …


Copyright Reform: Imagining More Balanced Copyright Laws, Michelle M. Wu Jun 2020

Copyright Reform: Imagining More Balanced Copyright Laws, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Earlier chapters of this book provide a history of copyright and libraries in the United States, a review of outdated language in the existing copyright code, and a discussion of actions by both copyright owners and the public to rebalance copyright outside of legislation. This chapter simply imagines what copyright could be if we disregard the known political and legal obstacles. It starts with no constraints, which one might argue is both impractical and foolish. Why spend time discussing what could be when treaties, self-interest, and powerful industry lobbies stand in the way?

The answer is simply that environments can …


Law School News: Dean's Distinguished Service Award: Raquel Ortiz 05-22-2020, Michael M. Bowden May 2020

Law School News: Dean's Distinguished Service Award: Raquel Ortiz 05-22-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Rent For Rent: Making A Living By Licensing Your Music, Jessica Muñiz-Collado Jan 2020

Rent For Rent: Making A Living By Licensing Your Music, Jessica Muñiz-Collado

CAHSS Faculty Presentations, Proceedings, Lectures, and Symposia

Wouldn’t it be great if a composer, music producer, or songwriter could pay their rent by “renting” out their music? This demonstration will simplify the music licensing process, focus on researching music libraries, preparing songs for submissions and much more.


“C” Is For Communication, Robert H. Hu Nov 2019

“C” Is For Communication, Robert H. Hu

Robert Hu

Public relations is essentially about communications—projecting a favorable image to the public. To reach this goal, the organization carrying out the public relations campaign will often use several communication vehicles to market, promote, and advertise itself to the public it serves. Libraries tailor many of these media strategies to communicate with their specific users and publicize their services.

Sometimes, one particular marketing strategy will achieve the desired outcome; at other times, a combination of strategies may be required to be successful. To assist libraries in identifying which marketing strategy or strategies is most appropriate or beneficial and how best to …


Copyright Assessment In The Trenches: Workflow, Tools, Metadata, And More, Megan De Armond, Victoria Pilato, Greg Cram, Rina Elster Pantalony Apr 2019

Copyright Assessment In The Trenches: Workflow, Tools, Metadata, And More, Megan De Armond, Victoria Pilato, Greg Cram, Rina Elster Pantalony

Library Faculty Publications

Assessing copyright varies from institution to institution along with the specific workflow and end-user notices. This article looks at tools used in art libraries in a range of contexts along with pragmatic perspectives on copyright evaluation from a museum art library, a public research library, a university copyright advisory office, and a public university. Pain points for determining copyright presented by various formats, ownership issues, and digitization are addressed through cases encountered by the authors. Helpful tools and workflow strategies for moving forward, including widely available charts and resources, as well as software for copyright determination, are shared. Finally, the …


Libraries' Shifting Roles And Responsibilities In The Networked Age, Michael W. Carroll Jan 2019

Libraries' Shifting Roles And Responsibilities In The Networked Age, Michael W. Carroll

Contributions to Books

My goal in this chapter is to advance the argument that access denied to resources in digital form is a more serious, and more solvable, problem than one might glean from the literature. Digital networks make access possible to a degree that would have been unimaginable in the analog era. What was once a mix of technological and economic constraints on access is now reduced to legal, rather than technological, constraints. The library community should more explicitly commit itself to the goal of ubiquitous access to digital content.

The role of the library in public life should be to minimize …


Book Smart, Nancy Bellhouse May Oct 2018

Book Smart, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro May 2018

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …


The State Of Oa: A Large-Scale Analysis Of The Prevalence And Impact Of Open Access Articles, Heather Piwowar, Jason Priem, Vincent Larivière, Juan Pablo Alperin, Lisa Matthias, Bree Nordlander, Ashley Farley, Jevin West, Stephanie Haustein Feb 2018

The State Of Oa: A Large-Scale Analysis Of The Prevalence And Impact Of Open Access Articles, Heather Piwowar, Jason Priem, Vincent Larivière, Juan Pablo Alperin, Lisa Matthias, Bree Nordlander, Ashley Farley, Jevin West, Stephanie Haustein

Copyright, Fair Use, Scholarly Communication, etc.

Despite growing interest in Open Access (OA) to scholarly literature, there is an unmet need for large-scale, up-to-date, and reproducible studies assessing the prevalence and characteristics of OA. We address this need using oaDOI, an open online service that determines OA status for 67 million articles. We use three samples, each of 100,000 articles, to investigateOAin three populations: (1) all journal articles assigned a Crossref DOI, (2) recent journal articles indexed in Web of Science, and (3) articles viewed by users of Unpaywall, an open-source browser extension that lets users find OA articles using oaDOI. We estimate that at least …


Copyright For Creators: Bridging Law And Practice, Carla-Mae Crookendale, Hillary Miller, Sue Robinson Jan 2018

Copyright For Creators: Bridging Law And Practice, Carla-Mae Crookendale, Hillary Miller, Sue Robinson

VCU Libraries Faculty and Staff Publications

Everyone is a publisher, a maker, or a creator in the digital age, and understanding copyright is a foundational skill. Artists, designers, and arts scholars need acute awareness of the legal landscape and fair use. To help meet this need, Virginia Commonwealth University (VCU) Libraries, in concert with the VCU School of the Arts, created a series of programs on the nuances of copyright for artists, designers, and art scholars.


Redefining Open Access For The Legal Information Market, James G. Milles Nov 2017

Redefining Open Access For The Legal Information Market, James G. Milles

James G. Milles

The open access movement in legal scholarship, inasmuch as it is driven within the law library community over concerns about the rising cost of legal information, fails to address - and in fact diverts resources from - the real problem facing law libraries today: the soaring costs of nonscholarly, commercially published, practitioner-oriented legal publications. The current system of legal scholarly publishing - in student-edited journals and without meaningful peer review - does not face the pressures to increase prices common in the science and health disciplines. One solution to this problem is for law schools to redirect some of their …


The Reference Assistant, Felicity Murphy, Annalee Hickman Moser Nov 2017

The Reference Assistant, Felicity Murphy, Annalee Hickman Moser

Utah Law Faculty Scholarship

In 2017, the authors conducted the third survey in an unofficial series about a type of law student employee that the authors call the reference assistant. This article analyzes the survey results, argues the advantages of the reference assistant, and details a case study of successful implementation of the reference assistant model at the BYU Law Library.


Access To Justice Starts In The Library: The Importance Of Competent Research Skills And Free/Low-Cost Research Resources, Deborah K. Hackerson Oct 2017

Access To Justice Starts In The Library: The Importance Of Competent Research Skills And Free/Low-Cost Research Resources, Deborah K. Hackerson

Maine Law Review

Access to justice is an important aspirational goal for everyone in the legal profession. Lawyers, however, cannot provide access to justice without adequate practical skills and the tools necessary to complete their work. Lawyers and law students provide many hours of public and pro bono service every year. With the current state of the economy and the record jobless rate, it is likely that the need for low cost and free legal services will continue to grow. In order to carry out the mission of continuing to provide services to those in need, law students must prepare learn the practical …