bluuebunny/crossref_metadata_2025 huggingface dataset:
Information Abundance and Knowledge Commons
Authors: Madison Michael J
Published: July 2018

Standard accounts of IP law describe systems of legal exclusion intended to prompt the production and distribution of intellectual resources, or information and knowledge, by making those things artificially scarce. The argument presented here frames IP law instead as one of several possible institutional responses to the need to coordinate the use of intellectual resources given their natural abundance, and not necessarily useful or effective responses at that. The chapter aims to shift analytic and empirical frameworks from those grounded in law to those grounded in governance, and from IP law in isolation to IP law as part of resource management. Knowledge commons is proposed as a framework for examining and understanding governance of shared knowledge resources. Examples and illustrations are drawn from several domains of information and knowledge governance.
Are Bank Fiduciaries Special?
Authors: Hockett Robert C.
Published: July 2018

A growing body of post-crisis legal and economic literature suggests that future financial crises might be averted by tinkering with the internal governance structures of banks and other financial institutions. In particular, contributors to this literature propose tightening the fiduciary duties under which officers and directors of the relevant financial institutions labor. I argue in this symposium article that such proposals are doomed to failure under all circumstances save one - namely, that under which the relevant financial institutions are in whole or in part treated as publicly owned.The argument proceeds in two parts. I first show that the financial dysfunctions that culminate in financial crises are not primarily the products of defects in individual rationality or morality, ubiquitous as such defects of course always are. Rather, I argue, fragility in the financial markets stems from what I elsewhere dub recursive collective action problems, pursuant to which multiple acts of individual rationality aggregate into instances of collective calamity. This form of vulnerability is endemic to banking and financial markets.I next show that the best understanding of fiduciary obligation is that pursuant to which she who is subject to the obligation minimizes the 'space,' or separateness, that subsists between her and the beneficiary of her obligation. Ideal fiduciaries, in other words, stand-in for those to whom they are fiduciaries, while legal allowances for departure from this exacting ideal amount to pragmatic compromises we make with the brute fact of fiduciaries' being separate persons with interests of their own.It follows from these two lines of argument that merely tightening fiduciary duties back up in the case of financial fiduciaries will be no help at all if our object is to address financial fragility. It will simply ensure that fiduciaries behave more as their beneficiaries would behave - beneficiaries whose individually rational behavior is precisely the problem where markets beset by recursive collective action problems are concerned.Because the only way to solve a collective action problem is through collective agency, the only way to fashion a 'fiduciary fix' to financial dysfunction is to reconceive financial fiduciaries as collective agents, not individual agents. And that is to reconceive financial institutions as public institutions.Keywords: Banks, Banking, Banking Regulation, Collective Action Problems, Fiduciaries, Fiduciary Duty, Fiduciary Duties, Fiduciary Obligation, Finance, Financial Institutions, Financial Regulation, Public Ownership, Recursive Collective Action Problems
Heuristic Interventions in the Study of Intellectual Property
Authors: Silbey Jessica
Published: July 2018

In this Essay, I review and elaborate on Dan's Burk's On the Sociology of Patenting with three "heuristic interventions" for the study of intellectual property law. These interventions derive from sociology and anthropology, and to some extent also from critical literary theory. Unoriginal in the social sciences, these heuristic interventions remain largely original to the study of law within law schools and traditional legal scholarship (as opposed to the study of law from within the social sciences and humanities). Burk joins a small but growing group of legal scholars, reaching beyond legal doctrinal analysis and the economic analysis of law to explain intellectual property law as a social practice. The interventions he begins and this essay explains in further depth reframe the understanding or analysis of intellectual property (1) from individuals to institutions, (2) from causation to explanation and (3) in the context of the domestication of IP in contemporary social and political culture. In this way, Burk's Article and this essay demonstrate how law (not only intellectual property or patent law) is a social practice both reflecting and forming social structures, the understanding of which requires attention to organization and culture as much or more than statutes, cases, administrative filings, and economic theory.
A Global Body and a Global Problem: The Curious Case of the G-20 and Securities Regulation
Authors: Nurizada Tamilla
Published: July 2018

Cornell International Law Journal: Vol. 50 : No. 3 , Article 7
Henke's California Law Guide- Chapter 8 Administrative Law- Updated August 2017
Authors: Hunter Caitlin
Published: July 2018

A revised and updated guide to researching California administrative law, written for a planned 9th edition of Henke's California Law Guide.
Book review: Tax law (By: Professor PhD Mihaela Tofan)
Authors: BOSTAN Ionel
Published: July 2018

Not long after the actual implementation of the two new codes (Fiscal Code and the Fiscal Procedure Code), researcher and university professor Mihaela Tofan from Alexandru Ioan Cuza University (Iasi - RO), published the book Tax law [RO: Drept fiscal], the CH Beck Publishing, Bucharest, 2016 (Code ABE:978-606-18-0566-2), pages 324. The big issues that the book answers are given proper treatment concepts, features and functions of taxes, and the inclusion here of the most important aspects of tax procedures. We note that this book opens a perspective on Romanian national rules, but at the same time, due to the need for European harmonization of rules of tax law, discusses the issue of this space.
What's it Worth? Jury Damage Awards as Community Judgments
Authors: Hans Valerie P.
Published: July 2018

55 William & Mary Law Review 935 (2014)In a recent article, The Political Puzzle of the Civil Jury, Jason Solomon questions whether the civil jury operates effectively as a political institution. Civil juries are said to perform multiple political functions. They inject community perspectives and values into legal decision making. They act as a check on government and corporate power. They legitimize the civil justice system. Finally, they promote greater civic engagement among jurors. Solomon concludes, however, that these claims about the civil jury's multiple political functions are overstated and understudied. He calls for more theoretical and empirical study of the civil jury's performance of its political functions.This Article offers a response to Solomon's piece, providing evidence about the political dimensions of jury damage award decision making. I argue that the damage award is a key part of the civil jury's political activity. Indeed, in my view, it is just as significant as the political nature of the civil jury's liability judgment, which up to now has been a more frequent topic of scholarly inquiry. This Article focuses on one of the dimensions Solomon identifies: the injection of community perspectives and values into legal decision making. I contend that damage awards and community values are deeply intertwined. The dollars that juries award, from the compensatory amounts they grant to auto accident victims to the punitive damages they deliver against large corporations, are very much products of community views and sentiments. In my view, damage awards constitute powerful political actions by the civil jury. Civil jury damage awards serve to check or endorse private power, whether it is power over one's own neighbors or over business corporations. To support my argument, I draw on theoretical accounts of jury decision making about damages, including the story model, insights from cultural cognition research, and a new gist model that cognitive psychologist Valerie Reyna and I have developed to explain the process of jury damage award decision making. Jurors' values constitute an important component of these and other models. I also describe the empirical research that documents and establishes the pervasive influence and content of community values in jury damage award judgments.
Fiduciary Law and Equity: Enforcing Loyalty
Authors: Sherwin Emily
Published: July 2018

In this essay, I suggest that the combination of formal and remedial techniques that equity courts traditionally have applied to the problem of trustee loyalty is strongly oriented to deterrence. One consequence is that when loyalty and prudence conflict, primacy for loyalty is built into the structure of fiduciary law. It is open to courts to reduce the role of loyalty in trust law by softening the standards currently applied to trustees. A change of this type, however, would not be a minor adjustment in the law governing trustees, but would instead represent fundamental structural change.
Some HCI Priorities for GDPR-Compliant Machine Learning
Authors: Veale Michael , Binns Reuben , Van Kleek Max
Published: July 2018

Cite as Michael Veale, Reuben Binns and Max Van Kleek (2018) Some HCI Priorities for GDPR-Compliant Machine Learning. The General Data Protection Regulation: An Opportunity for the CHI Community? (CHI-GDPR 2018), Workshop at ACM CHI'18, 22 April 2018, Montreal, Canada. In this short paper, we consider the roles of HCI in enabling the better governance of consequential machine learning systems using the rights and obligations laid out in the recent 2016 EU General Data Protection Regulation (GDPR)---a law which involves heavy interaction with people and systems. Focussing on those areas that relate to algorithmic systems in society, we propose roles for HCI in legal contexts in relation to fairness, bias and discrimination; data protection by design; data protection impact assessments; transparency and explanations; the mitigation and understanding of automation bias; and the communication of envisaged consequences of processing.
The Complicated Business of State Supreme Court Elections: An Empirical Perspective
Authors: Heise Michael
Published: July 2018

Proponents of judicial elections and related campaign activities emphasize existing First Amendment jurisprudence as well as similarities linking publicly-elected state judges and other publicly-elected state officials. Opponents focus on judicial campaign contributions’ corrosive effects, including their potential to unduly influence judicial outcomes. Using a comprehensive data set of 2,345 business-related cases decided by state supreme courts across all fifty states between 2010–12, judicial election critics, including Professor Joanna Shepherd, emphasize the potential for bias and find that campaign contributions from business sources to state supreme court judicial candidates corresponded with candidates’ pro-business votes as justices. While Shepherd’s main findings generally replicate, additional (and alternative) analyses introduce new findings that raise complicating wrinkles for Shepherd’s strong normative claims. Findings from this study illustrate that efforts to influence judicial outcomes are not the exclusive domain of business interests. That is, judicial campaign contributions from non- (and anti-) business interests increase the probability of justices’ votes favoring non-business interests. As a result, critiques of judicial elections cannot properly rely exclusively on the influence of business interests. Moreover, that both business and non-business interests can successfully influence judicial outcomes through campaign contributions point in different (and possibly conflicting) normative directions. On the one hand, even if one agrees that the judicial branch qualitatively differs from the political and executive branches in terms of assessing campaign contributions’ proper role, that the potential to influence judicial outcomes is available to any interest group (willing to invest campaign contributions) complicates popular critiques of judicial elections. On the other hand, the same empirical findings also plausibly strengthen critiques of judicial elections, especially for those who view the judicial domain differently than other political domains.
Dangerous Warrants
Authors: Sekhon Nirej
Published: July 2018

The Supreme Court has cast judicial warrants as the Fourth Amendment gold standard for regulating police discretion. It has embraced a "warrant preference" on the premise that requiring police to obtain advance judicial approval for searches and seizures encourages accurate identification of evidence and suspects while minimizing interference with constitutional rights. The Court and commentators have overlooked the fact that most outstanding warrants do none of these things. Most outstanding warrants are what this article terms "non-compliance warrants": summarily issued arrest warrants for failures to comply with a court or police order. State and local courts are profligate in issuing such warrants for minor offenses. For example, the Department of Justice found that the municipal court in Ferguson, Missouri issued one warrant for every two of its residents. When issued as wantonly as this, warrants are dangerous because they generate police discretion rather than restrain it. Nonetheless, the Supreme Court has, most recently in Utah v. Strieff, treated non-compliance warrants as if no different from the traditional warrants that gave rise to the Fourth Amendment warrant preference. This article argues that non-compliance warrants pose unique dangers, constitutional and otherwise. Non-compliance warrants create powerful incentives for the police to conduct unconstitutional stops, particularly in poor and minority neighborhoods. Their enforcement also generates race and class feedback loops. Outstanding warrants beget arrests and arrests beget more warrants. Over time, this dynamic amplifies race and class disparities in criminal justice. The article concludes by prescribing a Fourth Amendment remedy to deter unconstitutional warrant checks. More importantly, the article identifies steps state and local courts might take to stem the continued proliferation of non-compliance warrants.
Exclusionary Rules
Authors: Sherwin Emily
Published: July 2018

Larry Alexander has observed that, despite the dependence of effective law on rules, there will always be a “gap” between what a rule-making authority should tell its subjects to do and what those subjects rationally can do. One consequence of this gap is to cast doubt on the concept of exclusionary reasons for action. In this essay, I examine theories of extended practical rationality that might be invoked to solve the problem of the gap and make sense of exclusionary reasons. Ultimately, I conclude these theories succeed only by endorsing a form of epistemic irrationality, and therefore cannot resolve the problem of the gap.
Common Sense on Standards of Proof
Authors: Clermont Kevin M.
Published: July 2018

The law speaks clearly on the standards of proof, but listeners often misunderstand its words. This article tries, with some common sense, to explain how the law expects its standards to be applied, and then to show how the law thereby avoids such complications as the conjunction paradox. First, in accordance with belief function theory, the factfinder should start at zero belief. Given imperfect evidence, the factfinder will end up retaining a fair amount of uncommitted belief. As evidence comes in, though, the factfinder will form a belief in the truth of the disputed fact but also form a disbelief, or a belief in the fact’s falsity. At the close of evidence, the standard of proof requires only comparing belief and disbelief. For example, the civil standard, rather than asking whether a fact more likely than not happened according to traditional probability theory, asks whether the factfinder believes the fact more than the factfinder believes that the fact did not happen. The burdened party need not push proof above 50% by dispelling the phantoms of every possibility, while the opponent need not generate a competing version of truth but can instead rely on denial to demand that the burdened party generate a belief.Second, belief and disbelief being nonadditive partial truths, the mathematical result is that one cannot combine beliefs by traditional probability theory, as by using the product rule designed for conjunction of betting odds. Instead, one must use multivalent logic, including its rule that conjoined likelihood equals the likelihood of the least likely element. Linking the elements in a chain tells a story that is as likely as its weakest link. Consequently, if each element of a claim or defense passes the standard of proof, the conjunction of elements will pass the standard of proof. The conjunction paradox thus vaporizes for factfinding, just as the law has always maintained. The law has found the way to decide in accord with our best knowledge of the facts.
Copyright for Literate Robots
Authors: Grimmelmann James
Published: July 2018

Almost by accident, copyright law has concluded that it is for humans only: reading performed by computers doesn’t count as infringement. Conceptually, this makes sense: Copyright’s ideal of romantic readership involves humans writing for other humans. But in an age when more and more manipulation of copyrighted works is carried out by automated processes, this split between human reading (infringement) and robotic reading (exempt) has odd consequences: it pulls us toward a copyright system in which humans occupy a surprisingly peripheral place. This Article describes the shifts in fair use law that brought us here and reflects on the role of robots in copyright’s cosmology. Published: 101 Iowa Law Review 657 (2016)
Study Proposal: Commercial Patent Licensing Data
Authors: Biddle C. Bradford
Published: July 2018

There is currently a lack of freely-accessible public information regarding patentlicensing practices. While some commercial services seek to compile patentlicensing data from public sources such as trial records and filings withgovernmental agencies, access to these databases is not free and, to ourunderstanding, these databases do not claim to contain comprehensiveinformation on confidential licensing transactions. The lack of public informationregarding patent licensing practices, particularly royalty rates, has led to widelydivergent jury awards in patent damages cases. It has also stymied productivediscussions among scholars, policy makers and regulators regarding theeconomic impact of patent law rules and potential policy changes.
Regulatory Competitive Shelters in the Area of Personalized Medicine
Authors: Heled Yaniv
Published: July 2018

Much has been written about the ramifications of recent Supreme Court decisions in the area of patent subject matter eligibility on innovation in the area of personalized medicine. Yet, regulatory competitive shelters (RCSs) have remained largely unexplored as a mechanism for incentivizing innovation in that area, possibly in lieu of patents. Similarly, in a recent report and related guidance documents, the Food and Drug Administration (FDA) made clear its commitment to streamlining regulation in the area of personalized medicine. These documents, however, also do not address the RCSs available to personalized medicine technologies. This Article seeks to explore the existing landscape of RCSs that are currently available to personalized medicine technologies and highlight further ways in which RCSs may provide incentives for innovation in such technologies.Published: Yaniv Heled, Regulatory Competitive Shelters in the Area of Personalized Medicine, 21 B.U. J. Sci. & Tech. L. 287 (2015).
Archnet 2.0: Building a new asset management system for MIT’s online architectural library of the Islamic World
Authors: Schuler Andrea
Published: July 2018

Archnet 2.0 is a new front end website and back end cataloging tool and asset management system for Archnet (http://archnet.org), the largest openly accessible online architectural library focusing on the Muslim world. The site, a partnership between the Massachusetts Institute for Technology and the Aga Khan Trust for Culture (AKTC), contains articles and publications, images, maps and drawings, video, archival material, course syllabi, and site records relating to architecture in the Islamic world. By 2012, when the Aga Khan Documentation Center (AKDC) at MIT, part of the MIT Libraries, took over the digital library, the site has become dated and was no longer meeting the needs of its users. A software development firm was hired to build new front and back ends for the site. This paper explores the development of the new back end cataloging and asset management tool, including the reasoning behind building a new tool from scratch; considerations during development such as database structure, fields, and migration; highlights of features; and lessons learned from the process.
Reference Conundrum: The Broad Definition of Peer-Review
Authors: Fullerton Cody
Published: July 2018

For years, the gold-standard in academic publishing has been the peer-review process, and for the most part, peer-review remains a safeguard to authors publishing intentionally biased, misleading, and inaccurate information. Its purpose is to hold researchers accountable to the publishing standards of that field, including proper methodology, accurate literature reviews, etc. This presentation will establish the core tenants of peer-review, discuss if certain types of publications should be able to qualify as such, offer possible solutions, and discuss how this affects a librarian's reference interactions.
Play as transformative Information Literacy education
Authors: Walsh Andrew
Published: July 2018

Public play is a political act (Koh, 2014; De Koven, 2014, p. 160). It demonstrates to anyone watching an attitude towards life, towards education, towards society. An attitude that tends towards experimentation, challenge, social fairness, and an embracing of the power of fun. Any public demonstration and signalling of play invites others to play (Goffman, 1974; Glenn & Knapp, 1987), whether directly in the act itself, or through other activities that echo that play. It gives others implicit permission to play in their turn, and "permission", publicly given or given by the player to themselves, is a critical factor in enabling play.This talk will outline how encouraging playfulness in the Information Literacy classroom can enable socially constructed meaning (Berger & Luckmann, 1966) of the information landscape to emerge in students (Walsh, 2015). This approach particularly matches the teaching of skills to improve information literacy, as information literacy itself is a socially constructed concept (Lloyd, 2005, Elmborg, 2006). Playful Information Literacy teaching can help critical interactions with information in a way that encourages and enables action from your learners, within and without your classroom, in a “safe” and creative environment (Francis, 2009; Gauntlett, 2011). It encourages a playful approach to formal and informal learning, important for critical social engagement with political issues (Koh, 2014) as well as increased creativity (Chang, Hsu & Chen, 2011). This session will also cover how play can give permission for your learners to challenge their understanding of a topic and gain deeper understanding, helping to create a transformative learning environment as opposed to one that concentrates on the echoing of facts and basic skills.This talk will be a mixture of theory, practical examples, and paper aeroplanes.Attendees will learn some basic theories of play including the “magic circle” and key attributes of play (Huizinga, 1955; Brown & Vaughan, 2010). They will also learn some examples of playful training techniques that they could apply in their own practice.This session is a short talk presented at LILAC in Liverpool, April 2018.
Reproducibility: the What, Why, & How
Authors: Rampin Vicky
Published: July 2018

Vicky Steeves' presentation from the panel 'Open Science: Understanding Modern Research Practices' presented at ACRL 2017 in Balitmore, MD with Robin Champieux, Jeff Leek, Brett Davidson (organizer), Eka Grguric (organizer).
Show Me the Data!
Authors: Bowley Chealsye
Published: July 2018

This poster was presented at the Research Data and Access Preservation Summit 2018. Teaching research data management and data literacy can be a challenge. How can one know if the information is being retained and will be applied? Using game techniques and role playing can give the presenter immediate feedback on if the information regarding data management and/or data literacy is being retained, and allow students to immediately apply the information to increase their chances of retaining and using the information when conducting research.
Research Data Management Exercise
Authors: Bowley Chealsye
Published: July 2018

Role playing exercise for student workshops on data management and sharing best practices.
What makes a digital steward: A competency profile based on the National Digital Stewardship Residencies
Authors: Blumenthal Karl-Rainer , Griesinger Peggy , Kim Julia , Peltzman Shira , Rampin Vicky
Published: July 2018

Digital stewardship is a rapidly maturing field within library and information science. This domain engages in the active and long-term management of digital objects towards their preservation for and unencumbered access by future generations. Although this field is growing quickly, it lacks a compentancy profile for practioners that is commonplace in LIS (example: the American Library Association's Core Compentencies of Librarianship).This study sought to fill that gap by creating a profile of the skills, responsibilities, and knowledge areas that define competency in digital stewardship, based on three key datasets: 1) literature in the field through a literature review (to define the scope of the profile), 2) NDSR project descriptions, qualitatively analyzed to get a baseline understanding of expected competencies 3) the results of a survey given to current and past NDSR residents, quantitively evaluated to illustrate competencies’ importance to professional success.
Concerns-Based Adoption Method (CBAM) for Research Data Management (RDM) Education
Authors: Rinehart Amanda , Lightle Kim
Published: July 2018

Preliminary results of using the Concerns-Based Adoption Method to detect resistance to planning for research data management.
Reproducibility Librarianship
Authors: Rampin Vicky
Published: July 2018

This is a self-archived version of an article published in Collaborative Librarianship. The content of this article is not different from what is in the journal (found here: http://digitalcommons.du.edu/collaborativelibrarianship/vol9/iss2/4)Recommended CitationSteeves, Vicky (2017) "Reproducibility Librarianship," Collaborative Librarianship: Vol. 9 : Iss. 2 , Article 4. Available at: https://digitalcommons.du.edu/collaborativelibrarianship/vol9/iss2/4Over the past few years, research reproducibility has been increasingly highlighted as a multifaceted challenge across many disciplines. There are socio-cultural obstacles as well as a constantly changing technical landscape that make replicating and reproducing research extremely difficult. Researchers face challenges in reproducing research across different operating systems and different versions of software, to name just a few of the many technical barriers. The prioritization of citation counts and journal prestige has undermined incentives to make research reproducible.While libraries have been building support around research data management and digital scholarship, reproducibility is an emerging area that has yet to be systematically addressed. To respond to this, New York University (NYU) created the position of Librarian for Research Data Management and Reproducibility (RDM & R), a dual appointment between the Center for Data Science (CDS) and the Division of Libraries. This report will outline the role of the RDM & R librarian, paying close attention to the collaboration between the CDS and Libraries to bring reproducible research practices into the norm.
Author Rights & Repositories
Authors: Bowley Chealsye
Published: July 2018

Presentation on Authors Rights & Repositories given on a FGCU faculty webinar partnered with Taylor and Francis.
Planning Framework Options for The Massachusetts Ocean Plan
Authors: SeaPlan
Published: July 2018

This report draws from research compiled in the preceding Ocean Management and Integrated Resource Management Programs from Around the World to propose nine key elements for consideration in the MA Ocean Plan framework and implementation.
Massachusetts Ocean Partnership Partners' Event: Draft Massachusetts Ocean Management Plan
Authors: SeaPlan
Published: July 2018

This meeting summary documents presentations and discussions on vetting and revising the Draft MA Ocean Plan.
Navigating the seascape of ocean management: waypoints on the voyage toward sustainable use
Authors: Katona Steven , Polsenberg Johanna , Lowndes Julia , Halpern Benjamin S. , Pacheco Erich , Mosher Lindsay , Kilponen Anna , Papacostas Katherine , Mora Ana Gloria Guzmán- , Farmer Ginny , Mori Luca , Andrews Olive , Taei Sue , Carr Sarah
Published: July 2018

Some societies have sustainably managed their local marine resources for centuries using traditional methods, but we are only beginning to learn how to do it at larger scales, including globally. A broad, deep and constantly growing body of ocean knowledge has developed, adding many new concepts, perspectives, management models and analytical tools into the knowledge base in a relatively short period. Such rapid growth has created a potentially confusing mash-up of ideas, acronyms, techniques, tools and regulations, demonstrated by recent titles such as, ‘Marine planning: tragedy of the acronyms’ (Ardron 2010), ‘Integrated marine science and management: wading through the morass’ (Elliott 2014), ‘Beyond rhetoric: navigating the conceptual tangle towards effective implementation of the ecosystem approach to oceans management ‘ (Engler 2015) and ‘Marine legislation – the ultimate ‘horrendogram’’ (Boyes and Elliott 2014, undated and 2016).The purpose of this paper is to assist policy makers, marine managers and those considering careers in this area by providing a short history of ocean management, its conceptual foundation, frameworks for modern management and examples of its application at different scales. Extensive literature exists to supplement the summarized information we present.We highlight the following terms as navigational markers through the ‘seascape’1 of marine management rhetoric: sustainability, ecosystem approach, ecosystem-based management, natural capital, ecosystem services, integrated ecosystem assessment, the causal framework DPSIR (Drivers, Pressures, States, Impacts, Responses) and its variants, indicators and reference points, marine area planning, marine spatial management (including decision support tools), adaptive ocean management and dynamic ocean management. We also point out the important roles of marine initiatives such as Blue Economy, the Ocean Health Index, Large Marine Ecosystems, Seascapes, Protected Areas and others. Understanding the similarities, differences, relationships and synergies among these activities increases the likelihood of achieving successful management processes or solutions.Further knowledge and additional methods are still needed to safeguard the human-ocean system and the benefits it provides to people particularly with continued global population growth, but better awareness of what we already know will speed collective progress toward healthier oceans and coastlines. Working toward that goal can also be a uniting force in an increasingly divisive world, because it must necessarily breach political, geographic, economic and other differences.
Taking home-ranges into account for Mediterranean MPAs could offer increased recovery benefits
Authors: Open Communications for The Ocean OCTO
Published: July 2018

Marine protected areas (MPAs) are a common fisheries management tool that relies on the assumption that species protected within a spatially-explicit area are allowed to recover and later “spill over” the boundaries of the MPA where they may be harvested. By fully protecting an MPA, species inside will grow and reproduce a steady supply of “spilled over” fish to be harvested. But how large of an area should you protect at a minimum to offer this benefit?
Fisheries as social struggle: a reinvigorated social science research agenda
Authors: Bavinck Maarten , Jentoft Svein , Scholtens Joeri
Published: July 2018

Many social scientists in the field of fisheries display a strong concern for the social engineering of environmental sustainability, but also a tendency to identify with the concerns of government. This paper posits that social scientists have their own responsibility in the fisheries field, and that this responsibility includes more attention to the realm of social struggle and distributional justice. Social struggles within and over fisheries are argued to be globally intensifying, as a result of four trends: (1) the condition that inshore fisheries have now largely become a zero sum game; (2) the new sets of controls that are occurring in the fish value chain; (3) the incursion of new business interests into marine and coastal space; and (4) the increasing participation, if not interference, by governments in what used to be mainly fisher affairs. Not only does a reinvigorated social science agenda create attention to other, neglected domains of fisher society; the authors argue that addressing distributional justice concerns may be a precondition for achieving sustainable human-nature relations.
Citizen Science, Communication, and Expertise: An Examination of the Port Townsend Marine Science Center's Plastics Project
Authors: Wehner Nicholas
Published: July 2018

Citizen science projects have the opportunity to educate participants about environmental issues being studied first-hand and often in the field. The Port Townsend Marine Science Center’s Plastics Project utilized volunteers to collect and sort through samples of sand on beaches to estimate the abundance of plastic marine debris on beaches throughout the Puget Sound of Washington State. Volunteers were surveyed to determine if educational benefits were evident, if participants were educating others and with what frequency, what communication media were used and preferred, and who participants identified as experts. All participants reported being better educated about plastic marine and most reported changes in their consumer behavior. Participants who educated others on a regular basis also attended environmental and plastic marine debris-focused events, and interacted with experts regularly. No other demographic variables examined were able to distinguish more active educators from less active. Participants used and preferred email and in-person communication media while social media and postal mail were among the least utilized. Participants identified a wide array of experts, including university scientists and Plastics Project staff. Citizen science projects may be beneficial at inducing consumer behavior changes and educating participants, and should take care to explore lectures and other in-person communication approaches to increase opportunities for learning. Participants’ wide perception of expertise should be taken advantage of to increase opportunities for participant-expert interaction and address participant questions and concerns.
Applications of Finite-Volume Community Ocean Model (FVCOM)
Authors: SeaPlan
Published: July 2018

This document accompanies a Google Earth file named, “FVCOM Applications.kmz.” To get the most out of the use cases presented below, open the accompanying Google Earth file and navigate to the features that are indicated as companions to each use case.
Fisheries Enforcement on the High Seas of the Arctic Ocean: Gaps, Solutions and the Potential Contribution of the European Union and its Member States
Authors: Papastavridis Efthymios
Published: July 2018

Although there is no fishing activity within the central Arctic Ocean at present, commercial fishing activity does occur in the high seas areas of the North Atlantic and North Pacific, and within the exclusive economic zone of the Arctic coastal States. Climate change will most probably lead to an increase in fishing activity, through the reduction in sea ice, opening up new areas of the Arctic to fisheries, including the Central Arctic Ocean. This prospect has fuelled intensive negotiations - still ongoing - for the signing of a legally binding agreement to prevent unregulated fisheries therein. What seems missing, though, from both the ongoing negotiations on this agreement and the scholarly literature is reference to fisheries enforcement in the Arctic. Accordingly, this article identifies the most effective tools that could be employed for fisheries enforcement purposes, including port and flag State measures, and addresses their potential application in the Arctic.
2010 Massachusetts Recreational Boater Survey
Authors: SeaPlan
Published: July 2018

The Massachusetts Ocean Management Plan (Plan) completed in 2009 recognized recreational boating as an activity with “significant actual and prospective conflicts among multiple waterway uses in Massachusetts” and included the economic value of recreational boating as a key socio-economic indicator that will be used to inform coastal management. At the time of Plan completion, statistically robust recreational boating data were identified as an important need for comprehensive ocean planning.To fill this data gap, the 2010 Massachusetts Recreational Boater Survey gathered information on boating activity in Massachusetts’ coastal and ocean waters directly from recreational boaters. Researchers sent 10,000 surveys to owners of Massachusetts registered and documented vessels in the spring of 2010 asking for participation in the six month study. Over 22% responded and provided detailed information through monthly surveys between May and October about their boating trips including expenditures, recreational activities, and routes. Boaters plotted their spatial data (routes and activity areas) using an innovative online open source mapping tool. Using statistical methods and economic models, the demographic and economic information from the sample of boat- ers was generalized to the population of Massachusetts boaters.Results revealed the economic contribution of this activity to the Massachusetts economy - an estimated $806 million in 2010. Information gathered through the survey was also compiled into comprehensive maps depicting recreational boating patterns and density, and was used to better understand details of the recreational boating community, such as the most common boat size, the typical age of Bay State boaters, etc.The research findings will be incorporated into the Massachusetts Ocean Management Plan and can be used by resource managers, the boating industry and others in many ways, such as ensuring boating routes and destinations receive appropriate attention in ocean planning efforts.
Creating and Using Data Portals to Support Ocean Planning: Challenges and Best Practices from the Northeast United States and Elsewhere
Authors: SeaPlan
Published: July 2018

As more ocean plans are developed and adopted around the world, the importance of accessible, up-to-date spatial data in the planning process has become increasingly apparent. Many ocean planning efforts in the United States and Canada rely on a companion data portal–a curated catalog of spatial datasets characterizing the ocean uses and natural resources considered as part of ocean planning and management decision-making.Data portals designed to meet ocean planning needs tend to share three basic characteris- tics. They are: ocean-focused, map-based, and publicly-accessible. This enables planners, managers, and stakeholders to access common sets of sector-speci c, place-based information that help to visualize spatial relationships (e.g., overlap) among various uses and the marine environment and analyze potential interactions (e.g., synergies or con icts) among those uses and natural resources. This data accessibility also enhances the transparency of the planning process, arguably an essential factor for its overall success.This paper explores key challenges, considerations, and best practices for developing and maintaining a data portal. By observing the relationship between data portals and key principles of ocean planning, we posit three overarching themes for data portal best practices: accommodation of diverse users, data vetting and review by stakeholders, and integration with the planning process. The discussion draws primarily from the use of the Northeast Ocean Data Portal to support development of the Northeast Ocean Management Plan, with additional examples from other portals in the U.S. and Canada.
A new, short, and free primer on modern ocean management
Authors: Open Communications for The Ocean OCTO
Published: July 2018

Has having to figure out if you want to do management (EBM), integrated coastal zone management (ICZM), area based management (ABM), whole domain management (WDM), or marine spatial planning (MSP) got you down?You are in luck. A paper recently published in MarXiv for policy makers, managers, and students provides a short history of ocean management, its conceptual foundations, modern frameworks for it, and numerous real world examples of how these concepts and frameworks are being applied.
Washington Shellfish Aquaculture: Assessment of the Current Regulatory Frameworks
Authors: Evrard Raye
Published: July 2018

The Washington shellfish aquaculture regulatory framework is a complex instrument with numerous permits and high agency involvement. Shellfish business owners, industry officials and policy-makers look to simplify the overall process by reducing paperwork and permit redundancies. In the past, the Washington aquaculture sector held a close relationship with the Washington Department of Agriculture, and policy- makers are again assessing a closer future relationship, aiding in regulatory efficiency. The purpose of this study is to locate sources of inefficiency within the shellfish aquaculture regulatory framework and supply new ideas for future policy-making based on an aquaculture regulatory framework proposed by Takoukam and Erikstein (2013). There are four main objectives to this study. The first is to identify barriers within the regulatory framework from the federal scale to the county level restricting the Washington shellfish industry. Through scientific and governmental literature reviews, and information from conference attendance, these barriers are identified. The second objective is to showcase current programs addressing regulatory barriers in aquaculture. Current programs are the Shellfish Interagency Permitting Team, the Pacific Aquaculture Caucus, and the Pacific Coast Shellfish Growers Association. The third objective is to compare the regulatory framework for aquaculture based on the Washington agriculture framework. I used the Washington agriculture program as a template to assess how aquaculture can meet the regulatory goals set forth by Takoukam and Erikstein (2013). The Florida Aquaculture program, which is a combined Aquaculture-Agriculture regulatory department, is used to illustrate a closer relationship between the two divisions. The final objective is to assess the future of Washington aquaculture based on information provided through the first three objectives. Preliminary recommendations for the Washington regulatory framework are to shift regulatory work to county level officials, limit the number of government agencies involved, reduce review periods, and increase regulatory transparency on county and state levels.
Perceptions of social impacts likely drive feelings about MPAs
Authors: Open Communications for The Ocean OCTO
Published: July 2018

Negative attitudes toward established MPAs may have less to do with the actual impacts on one’s ability to go fishing, but more to do with the perceived impacts on their wellbeing through feelings of fear, stress and injustice. Extractive users nearly all reported negative perceptions of the park, despite only two reporting increased financial costs. Those who held strong negative attitudes did not perceive any environmental benefits. The consultation process itself may have helped formulate negative perceptions of the park, after clear concessions were made to the commercial lobster fishing industry but not to other groups.
Degree of pollution by benthic litter in beaches in Salvador, Bahia, Brazil
Authors: Fernandino Gerson , Elliff Carla Isobel , Silva Iracema Reimão
Published: July 2018

Benthic litter has become a problem not only to the environment, but also to managers, due to its difficult access. Thus, little is still known about its impacts and behaviors as a type of pollution. The objective of the present study was to carry out a quali-quantitative analysis of the benthic litter of three beaches in Salvador, Brazil, so to investigate the sources of the pollution and possible mitigating actions. Three sampling campaigns were carried out between the years of 2012 and 2013. Transects measuring 100 m were placed perpendicularly to the coastline at each beach and, using scuba diving equipment, all benthic litter was gathered up to 1 m to each side of the axis cable. All items were sorted and analyzed regarding the type of material and possible sources. An adapted CCI was used to classify each beach and variance was analyzed through the Kruskal-Wallis test among sites and dates. During this period the beaches varied from very clean to extremely dirty regarding the accumulation of benthic litter. Plastic was the most common type of material and factors such as proximity with possible sources of pollution and hydrodynamics played an important role in the observed results. There were no significant differences among sites and dates. Actions to promote public awareness among the population that frequents these beaches are crucial to mitigate the situation, considering that the main litter sources were local. Moreover, current public beach cleaning efforts have shown to be ineffective.
Fully protected MPAs can reduce patchiness of target species
Authors: Open Communications for The Ocean OCTO
Published: July 2018

The low β-diversity of unprotected MPAs likely reduces their ecological connectivity: small patches of fish are less likely to flow from one MPA to the next. Thus, there is less resilience associated with these unprotected MPAs. The authors illustrate yet again that fully protected MPAs provide the most ecological benefits.
Atlas Histológico del Pulpo del Sur Enteroctopus megalocyathus
Authors: Baqueiro-Cardenas Erick R.
Published: July 2018

The histology of the southern octopus Enteoctopus megalocyathus is presented comparing different tissues: Epithelial, connective, muscular and glandular to aid on the diagnosis of normal vs alterations presented by deseases and maladies.
Leadership, morality and ethics: Developing a practical model for moral decision-making
Authors: Kaszniak Alfred W. , Rushton Cynda H. , Halifax Joan
Published: July 2018

The present paper is the product of collaboration between a neuroscientist, an ethicist, and a contemplative exploring issues around leadership, morality, and ethics. It is an exploration on how people in roles of responsibility can better understand how to engage in discernment processes with more awareness and a deeper sense of responsibility for others and themselves. It draws upon recent research and scholarship in neuroscience, contemplative science, and applied ethics to develop a practical understanding of how moral decision-making works and is essential in this time when there can seem to be an increasing moral vacuum in leadership.