bluuebunny/crossref_metadata_2025 huggingface dataset:
A Lot More than a Pen Register, and Less than a Wiretap: What the Stingray Teaches Us About How Congress Should Approach the Reform of Law Enforcement Surveillance Authorities
Authors: Soghoian Christopher , Pell Stephanie K.
Published: July 2018

In June 2013, through an unauthorized disclosure to the media by ex-NSA contractor Edward Snowden, the public learned that the NSA, since 2006, had been collecting nearly all domestic phone call detail records and other telephony metadata pursuant to a controversial, classified interpretation of Section 215 of the USA PATRIOT Act. Prior to the Snowden disclosure, the existence of this intelligence program had been kept secret from the general public, though some members of Congress knew both of its existence and of the statutory interpretation the government was using to justify the bulk collection. Unfortunately, the classified nature of the Section 215 metadata program prevented them from alerting the public directly, so they were left to convey their criticisms of the program directly to certain federal agencies as part of a non-public oversight process. The efficacy of an oversight regime burdened by such strict secrecy is now the subject of justifiably intense debate. In the context of that debate, this Article examines a very different surveillance technology — one that has been used by federal, state and local law enforcement agencies for more than two decades without invoking even the muted scrutiny Congress applied to the Section 215 metadata program. During that time, this technology has steadily and significantly expanded the government’s surveillance capabilities in a manner and to a degree to date largely unnoticed and unregulated. Indeed, it has never been explicitly authorized by Congress for law enforcement use. This technology, commonly called the StingRay, the most well-known brand name of a family of surveillance devices, enables the government, directly and in real-time, to intercept communications data and detailed location information of cellular phones — data that it would otherwise be unable to obtain without the assistance of a wireless carrier. Drawing from the lessons of the StingRay, this Article argues that if statutory authorities regulating law enforcement surveillance technologies and methods are to have any hope of keeping pace with technology, some formalized mechanism must be established through which complete, reliable and timely information about new government surveillance methods and technologies can be brought to the attention of Congress.
Making IR Content Discoverable Improving Institutional Repository Content Discovery Through Your Local Catalog and WorldCat
Authors: Wang Angela Fang
Published: July 2018

Institutional repositories (IRs) host a lot of unique and valuable digital content. More and more law libraries are implementing IRs to meet the needs for open access, long-term preservation, electronic publishing, and libraries' evolving role in teaching and research. But most patrons don't know where or how to find that content. So librarians must make the IR content more discoverable (and easy to find).
Tribal Rights, Human Rights
Authors: RIley Angela R. , Carpenter Kristen
Published: July 2018

We appreciate the opportunity to participate in this symposium, convened to examine Professor Wenona Singel's article, Indian Tribes and Human Rights Accountability. Amongst her many professional accomplishments, Professor Singel is well known as a scholar in American Indian law, the Chief Justice of an active tribal appellate court, and a Reporter on the American Law Institute's Restatement of American Indian Law. Her influence, therefore, is felt and respected throughout the academy, the practicing bar, and Indian country. At an early stage of her career, Professor Singel is already recognized as a thought-leader, someone who is both brave and careful in her willingness to articulate and address some of the most trenchant challenges in American Indian law. Professor Singel's newest article is perhaps the most evocative example of her intellectual and community leadership. Her observation that Indian tribes could, on occasion, do better in extending civil and human rights to citizens, employees, and residents in Indian country, is strikingly forthright. And her resulting proposal-advocating for the creation of an intertribal, treaty-based mechanism to adjudicate human rights disputes-is deeply respectful of tribal sovereignty, calling on tribes to take the first steps toward increased accountability and to turn to their own laws and norms as a basis for improving their systems of governance. And, finally, her proposal is notably provocative, having inspired passionate conversations at major gatherings of tribal leaders and scholars across the country, and a lively, focused discussion among Indian law scholars, lawyers, and leaders at the symposium on October 4-5, 2012. In this spirit, and on the occasion of this symposium, we are prompted first to situate Indian Tribes and Human Rights Accountability in the larger body of Professor Singel's scholarship to date, and second to describe the way in which she has inspired us to embark on a new research project of our own.Published in: 2013 Michigan State Law Review 293 (2013)
Review of Intellectual Property in Common Law and Civil Law
Authors: Keele Benjamin John
Published: July 2018

Keele, B. J. (2014). Review of Intellectual Property in Common Law and Civil Law. International Journal of Legal Information 42(1), 156-157.
Advising Faculty on Law Journal Publication Agreements
Authors: Keele Benjamin John
Published: July 2018

Keele, B. J. (2012). Advising faculty on law journal publication agreements. ALL-SIS Newsletter, 31(2), 3-4, 11-12.
Algorithmic Transparency for the Smart City
Authors: Brauneis Robert , goodman ellen
Published: July 2018

Emerging across many disciplines are questions about algorithmic ethics – about the values embedded in artificial intelligence and big data analytics that increasingly replace human decisionmaking. Many are concerned that an algorithmic society is too opaque to be accountable for its behavior. An individual can be denied parole or denied credit, fired or not hired for reasons she will never know and cannot be articulated. In the public sector, the opacity of algorithmic decisionmaking is particularly problematic both because governmental decisions may be especially weighty, and because democratically-elected governments bear special duties of accountability. Investigative journalists have recently exposed the dangerous impenetrability of algorithmic processes used in the criminal justice field – dangerous because the predictions they make can be both erroneous and unfair, with none the wiser. We set out to test the limits of transparency around governmental deployment of big data analytics, focusing our investigation on local and state government use of predictive algorithms. It is here, in local government, that algorithmically-determined decisions can be most directly impactful. And it is here that stretched agencies are most likely to hand over the analytics to private vendors, which may make design and policy choices out of the sight of the client agencies, the public, or both. To see just how impenetrable the resulting “black box” algorithms are, we filed 42 open records requests in 23 states seeking essential information about six predictive algorithm programs. We selected the most widely-used and well-reviewed programs, including those developed by for-profit companies, nonprofits, and academic/private sector partnerships. The goal was to see if, using the open records process, we could discover what policy judgments these algorithms embody, and could evaluate their utility and fairness. To do this work, we identified what meaningful “algorithmic transparency” entails. We found that in almost every case, it wasn’t provided. Over-broad assertions of trade secrecy were a problem. But contrary to conventional wisdom, they were not the biggest obstacle. It will not usually be necessary to release the code used to execute predictive models in order to dramatically increase transparency. We conclude that publicly-deployed algorithms will be sufficiently transparent only if (1) governments generate appropriate records about their objectives for algorithmic processes and subsequent implementation and validation; (2) government contractors reveal to the public agency sufficient information about how they developed the algorithm; and (3) public agencies and courts treat trade secrecy claims as the limited exception to public disclosure that the law requires. Although it would require a multi-stakeholder process to develop best practices for record generation and disclosure, we present what we believe are eight principal types of information that such records should ideally contain.
Two Years After Alice v. CLS Bank
Authors: Tran Jasper L.
Published: July 2018

Journal of the Patent and Trademark Office Society, Vol. 98, p. 354, 2016
Central Banks, Systemic Risk and Financial Sector Structural Reform
Authors: Omarova Saule T.
Published: July 2018

This chapter contribution to an edited volume examines financial sector structural reform as a critical, though largely under-appreciated to date, dimension of central banks’ post-crisis systemic risk prevention agenda. By limiting the range of permissible transactions or organizational affiliations among different types of financial firms, structural reforms alter the fundamental pattern of interconnectedness in the financial system. In that sense, the chapter argues, reforming the institutional structure of the financial industry operates as a deeper form of the currently evolving macroprudential regulation. The chapter identifies three principal models that form a continuum of potential financial sector structural reform choices and applies this conceptual framework to analysis of post-crisis structural reforms in the U.K., EU, and U.S. It further examines how deeply issues of financial industry structure are embedded in central banks’ regulatory and policy agenda and, in light of this connection, discusses potential implications of current structural reforms for central banks’ post-crisis financial stability mandate.
Evaluating the legitimacy of platform governance
Authors: Suzor Nicolas Pierre , Van Geelen Tess , West Sarah Myers
Published: July 2018

This paper provides an overview of the key values that we argue should underpin an index of the legitimacy of the governance of online intermediaries. The aim is ultimately to allow scholars to rank the policies and practices of intermediaries against core human rights values and principles of legitimate governance in a way that enables comparison across different intermediaries and over time. This work builds on the efforts of a broad range of researchers already working to systematically investigate the governance of social media platforms and telecommunications intermediaries. In this paper, we present our review and analysis of the work that has been carried out to date, using the digital constitutionalism literature to identify opportunities for further research and collaboration.
Modern Equity
Authors: Sherwin Emily
Published: July 2018

In this essay, I examine the role that equity historically has played in moderating the outcomes of determinate legal rules in particular cases. The advantage of traditional equity was that its role within the legal system was subordinate relatively obscure, allowing courts to affirm the authority of rules while altering their consequences in particular cases. One of the objectives of American Legal Realism was to bring equitable principles to the forefront of law. I suggest that the transition proposed by the Realists may undermine the important compromise courts were able to strike through more traditional management of equity.
Review of Universities and Copyright Collecting Societies
Authors: Keele Benjamin John
Published: July 2018

Keele, B. J. (2010). Review of Universities and Copyright Collecting Societies. International Journal of Legal Information, 38(2), 239-241.
Prosecution of Child Pornography—The One-Eyed Judge by Michael A. Ponsor: A Book Review
Authors: Cohen Beth D. , Newcombe Pat
Published: July 2018

Published: Beth D. Cohen & Pat Newcombe, Prosecution of Child Pornography—The One-Eyed Judge by Michael A. Ponsor, A Book Review, 40 W. NEW ENG. L. REV. 159 (2018)The safeguarding and protection of children in society is crucial. Yet, children remain a vulnerable population; they are abused, neglected, trafficked, and exploited in numerous ways. In his new book, The One-Eyed Judge, Michael Ponsor, Senior United States District Court Judge for the District of Massachusetts, Western Division, who has presided over numerous child pornography cases, explores the complexities and legal implications of child pornography and exploitation.
Barriers to Participatory eRulemaking Platform Adoption: Lessons Learned from RegulationRoom
Authors: Newhart Mary , Brooks Joshua
Published: July 2018

Cornell e-Rulemaking Initiative Publications. 19. Rulemaking, the process through which United States (U.S.) federal government agencies develop major health, safety and economic regulations, was an early target of electronic government (e-government) efforts. Because it was an established decision-making process that had substantial formal requirements of transparency, public participation and responsiveness it seemed a perfect target for technology-supported participatory policymaking. It was believed that new technologies could transform rulemaking, increasing its democratic legitimacy and improving its policy outcomes by broadening the range of participating individuals and groups (Brandon and Carlitz, 2003; Coglianese, 2004; Noveck, 2004). Despite the promise of a more deliberative and democratic process, rulemaking efforts have failed to produce broader meaningful public engagement. In this paper we examine if lack of adoption of participatory eRulemaking platforms can be explained by the disruption to agencies’ established rulemaking practices. We will consider how agencies react to technological innovation as a risk due to their deep-rooted organizational cultures and the impact of judicial and political oversight. We will provide examples of agency risk and culture, including from our own experiences with RegulationRoom, a socio-technological participation platform that has facilitated public participation in six federal rulemakings. We will also draw on a comparison of for-profit businesses and rulemaking agencies in thinking about motivation to adopt (or avoid) new technologies.
The Rule of Law and Legal-Process Reasons in Attorney Advising
Authors: Wendel W. Bradley
Published: July 2018

This is an intervention in long-standing debates in the philosophy of law and the theory of professional ethics. In jurisprudential terms, it elaborates on H.L.A. Hart’s concept of the internal point of view, which is the perspective of one who views the law as creating obligations, not merely affecting one’s prudential calculations. In other words, Hart’s idea is that the law must be capable of normativity. Hart limited this conceptual requirement to judges, who are obligated to take the internal point of view, leaving a deeply important open question concerning the attitude that citizens and their advisors must take with respect to the law. The argument in this Article is that it is a constitutive principle of the professional obligations of lawyers that they regard the law from the internal point of view. From this obligation flow further, more specific duties of good faith in interpretation of the law. The Article therefore connects scholarship on the nature of law with more practical questions concerning the duties of lawyers advising clients. It provides an analytically rigorous approach to evaluating the conduct of lawyers in high-profile scandals such the Panama Papers revelations, the so-called torture memos prepared by lawyers in the Bush Administration, and Acting Attorney General Rod Rosenstein’s memo explaining the firing of FBI Director James Comey. The position defended here differs from both the Nineteenth Century "wise counselor" conception of lawyer professionalism and the standard conception of legal ethics as "zealous advocacy within the bounds of the law." It is in some ways an elaboration on some of my previous scholarship on legal ethics and interpretation of law, but is grounded much more explicitly not only in Hart's notion of the internal point of view but - perhaps surprisingly - also in Lon Fuller's insight that law is a purposive activity characterized by giving reasons of a certain type in justification of one's actions.
Saving Face: Unfolding the Screen of Chinese Privacy Law
Authors: Li Tiffany , Bronfman Jill , Zhou Zhou
Published: July 2018

Privacy is often a subjective value, taking on meaning from specific social, historical, and cultural contexts. Western privacy scholars have so far generally limited academic study to focus on Western ideals of privacy. However, privacy – or some notion of it – can be found in almost every culture and every nation, including the growing economic powerhouse that is the People’s Republic of China. Focusing on China as a case study of non-Western privacy norms is important today, given the rapid rise of the Chinese economy and its corresponding impact on worldwide cultural norms and law. Simply put, it is naïve to believe that privacy law will develop in the near future without the influence of China. First, though China does not have a developed body of privacy law, any privacy laws China chooses to implement now and in the future will certainly affect business and organizations seeking to invest in and engage with Chinese consumers. With the size and economic impact of the Chinese consumer base, international technology organizations would be remiss in ignoring the development of Chinese privacy laws. Second, understanding Chinese conceptions of privacy is crucial to the study of international privacy law. China has a great deal of influence in the Asian region, which is particularly important given the somewhat unclear status of the APEC Privacy Principles. Given the long-arm reach of many nations’ privacy laws (particularly the EU’s current and proposed regulations), several signs indicate that China may follow the EU’s example in enforcing its privacy laws worldwide. For these reasons, it is imperative that privacy scholars and practitioners pay close attention to the field of Chinese privacy law. As Chinese privacy laws today are still fairly underdeveloped, now is the time to carefully study how cultural norms have impacted the development of Chinese privacy law thus far and how future regulations can and should develop, given Chinese cultural foundations of privacy. This paper will attempt to illuminate the state of privacy law in China, by evaluating current legal developments, exploring cultural and historical perceptions of privacy, and analyzing how China’s unique perceptions of privacy may influence the future development of new norms in China’s growing privacy regime. In particular, this paper looks to the significant contrast between traditional Western ideals of privacy as an individual right and traditional Chinese ideals of privacy related to the concepts of “saving face” and community values, ultimately leading to recommendations for future data regulation policies based on the unique cultural and historical values of Chinese perceptions of privacy.
Economic Rationality and Ethical Values in Design-Defect Analysis: The Trolley Problem and Autonomous Vehicles
Authors: Wendel W. Bradley
Published: July 2018

The trolley problem is a well-known thought experiment in moral philosophy, used to explore issues such as rights, deontological reasons, and intention and the doctrine of double effect. Recently it has featured prominently in popular discussions of decision making by autonomous vehicle systems. For example, a Mercedes-Benz executive stated that, if faced with the choice between running over a child that had unexpectedly darted into the road and steering suddenly, causing a rollover accident that would kill the driver, an automated Mercedes would opt to kill the child. This paper considers not the ethical issues raised by such dilemmas, but the liability of vehicle manufacturers for injuries that foreseeably result from the design of autonomous systems. Some of the recent commentary on the liability of autonomous vehicle manufacturers suggests unfamiliarity with modern products liability law, particularly the design-defect standard in the Third Restatement of Torts. A superficial understanding of products liability principles – for example, believing it is a regime of strict liability in any meaningful sense – can lead to serious errors in the application of this area of law to autonomous vehicles. It is also a mistake to believe that the economic approach to negligence liability, as developed by Posner and Calabresi, accurately characterizes modern products liability principles. Under the Third Restatement approach, a court or jury will consider whether a product embodies a reasonable balance of safety and utility, and “reasonable” can be interpreted in accordance with ordinary community ethical standards. Thus, some of the issues that are central to resolving trolley problems in moral philosophy may actually recur in design-defect litigation.
The Virtues of Moderation
Authors: Grimmelmann James
Published: July 2018

TL;DR—On a Friday in 2005, the Los Angeles Times launched an experiment: a “wikitorial” on the Iraq War that any of the paper’s readers could edit. By Sunday, the experiment had ended in abject failure: vandals overran it with crude profanity and graphic pornography. The wikitorial took its inspiration and its technology from Wikipedia, but missed something essential about how the “the free encyclopedia that anyone can edit” staves off abuse while maintaining its core commitment to open participation. The difference is moderation: the governance mechanisms that structure participation in a community to facilitate cooperation and prevent abuse. Town meetings have moderators, and so do online communities. A community’s moderators can pro-mote posts or hide them, honor posters or shame them, recruit users or ban them. Their decisions influence what is seen, what is valued, what is said. They create the conditions under which cooperation is possible. This Article provides a novel taxonomy of moderation in online communities. It breaks down the basic verbs of moderation—exclusion, pricing, organizing, and norm-setting—and shows how they help communities walk the tightrope between the chaos of too much freedom and the sterility of too much control. Scholars studying the commons can learn from moderation, and so can policy-makers debating the regulation of online communities. Published: 17 Yale Journal of Law and Technology 42 (2015)
Open Access to Student-edited Law Journals
Authors: Keele Benjamin John
Published: July 2018

Student Lawyer, Feb. 2009, at 17.
There’s No Such Thing as a Computer-Authored Work — And It’s a Good Thing, Too
Authors: Grimmelmann James
Published: July 2018

I would like to talk about computer-authored works—I would like to, except that they don’t exist. Copyright law doesn’t recognize computer programs as authors, and it shouldn’t. Some day it might make sense to, but if that day ever comes, copyright will be the least of our concerns. Instead, I will say something about why computer authorship is such a “bad penny of a question,” to use Annemarie Bridy’s felicitous phrase, even though it is so utterly speculative. The scholarship pondering the possibility of computer-authored works is surprisingly extensive, even though no one has ever exhibited even one work that could plausibly claim to have a computer for an “author” in the sense that the Copyright Act uses the term.Published: 39 Columbia Journal of Law and the Arts 403 (2016)
Understanding Access to Things: A Knowledge Commons Perspective
Authors: Madison Michael J
Published: July 2018

This chapter explores the related ideas of access to knowledge resources and shared governance of those resources, often known as commons. Knowledge resources consist of many types and forms. Some are tangible, and some are intangible. Some are singular; some are reproduced in copies. Some are singular or unique; some are collected or pooled. Some are viewed, used, or consumed only by a single person; for some resources, collective or social consumption is the norm. Any given resource often has multiple attributes along these dimensions, depending on whether one examines the resource’s physical properties, its creative or inventive properties, or its natural, factual, or ideational properties. Access questions are, accordingly, diverse. That diversity is compounded by the proposition that access is itself a property of a resource, in the sense that resource characteristics are, to a substantial extent, socially and culturally constructed. Social construction means not only that boundaries among properties of a resource may be blurred but also that those properties and boundaries may change over time. By virtue of that diversity, investigating access to knowledge resources creates the risk of producing a conceptually fragmented and unhelpful landscape of theory and application on a resource-by-resource basis. This chapter suggests that the investigation of access to knowledge resources may be unified under the umbrella concept of knowledge commons, the study of governance of shared knowledge resources. It presents a framework for understanding knowledge commons and illustrates its application to several questions of access to the material and immaterial dimensions of specific knowledge resources.
Locked Collections: Copyright and the Future of Research Support
Authors: Jones D.R.
Published: July 2018

Jones, D.R., Locked Collections: Copyright and the Future of Research Support, 105 Law Libr. J. 425 (2013). Researchers in institutions of higher education depend on access to the scholarly record, and academic libraries play a critical role in supporting this research. As academic collections shift to primarily electronic format, research support is in jeopardy. Copyright holders, through the use of licensing and contracts to control electronic works, limit or prohibit interlibrary loan and other means of research support. As predominantly digital library collections increase, libraries may find that they have locked collections. They will be unable to lend or to borrow. This article examines how increased reliance on e-collections impacts the ability of academic libraries to support research and explores and assesses various approaches to ensure research support. The article urges that libraries actively pursue agreements that reinforce their mission to support the creation, dissemination and preservation of knowledge. At the same time, libraries must be agents of change, serving as active participants in the transformation of the scholarly communication system.
Leveraging a Library Collection through Collaborative Digitization Ventures
Authors: Cadmus Femi , Shapiro Fred
Published: July 2018

One of the primary objectives of forward-thinking and progressive libraries captured in mission statements and strategic plans is the acquiring, developing and preserving of a first-class collection for scholarly research. It is also clear that these materials must be easily accessible. In addition, by using high volume digital preservation technologies and robust web-based search engines capable of full-text searching, major research law libraries are not only preserving their unique collections but also are providing online access to materials which had formerly been inaccessible or perhaps accessible only on a limited basis by way of onsite visits. Preservation efforts are not only geared towards print materials, but there has also been concerted activity by libraries to preserve electronic materials in stable and enduring formats. The current economic downturn which has resulted in reduced collection budgets has spurred increased interest in collaboration between libraries and a deeper commitment to resource sharing and the preservation of both print and "born-digital" materials.
The End of the Work as We Know It
Authors: Madison Michael J
Published: July 2018

This paper takes a new look at the concept of the work of authorship in copyright, known in other systems as the copyright work. It complements inquiries into authorship and originality, extending earlier scholarship on the origins of legal “things” or objects and on the multi-dimensional character of their borders and boundaries.
Closing the Regulatory Gap for Synthetic Nicotine
Authors: Zettler Patricia , Hemmerich Natalie , Berman Micah L.
Published: July 2018

In July 2017 the U.S. Food and Drug Administration (FDA) announced a new “comprehensive plan for tobacco and nicotine regulation.” This plan is focused on making cigarettes less addictive while facilitating the development of alternative nicotine-containing products that are far less harmful. This approach holds promise, and the public health stakes could not be higher—smoking is the leading cause of preventable death in the United States, causing roughly 480,000 deaths per year. But a new product is emerging that could upset the FDA’s plans for a well-balanced regulatory scheme: synthetic nicotine. These products currently fall into a regulatory gap because they fall outside the Federal Food, Drug, and Cosmetic Act’s (FDCA) definition of a tobacco product. If this gap remains in place, it is likely that more companies will exploit it in order to evade regulation, undoing the potential benefits of the FDA’s plan for tobacco and nicotine regulation. This Article argues that the FDA can, and should, address this problem by regulating synthetic nicotine products as drugs. After reviewing the science of nicotine addiction and the FDA’s past and present regulatory schemes for nicotine, it explains how the FDA could establish that synthetic nicotine satisfies the FDCA’s definition of a drug. It concludes with a discussion of the policy benefits of categorizing synthetic nicotine as a drug.Citation: Patricia J. Zettler, Natalie Hemmerich, & Micah L. Berman, Closing the Regulatory Gap for Synthetic Nicotine, 59 B.C. L. Rev. ___ (forthcoming 2018).
Project COUNTER
Authors: Melnick Todd
Published: July 2018

Brief summary of Project COUNTER standards for usage statistics for online library materials.
The Internet is a Semicommons
Authors: Grimmelmann James
Published: July 2018

78 Fordham Law Review 2799 (2010)The Internet is a semicommons. Private property in servers and network links coexists with a shared communications platform. This distinctive combination both explains the Internet's enormous success and illustrates some of its recurring problems.Building on Henry Smith's theory of the semicommons in the medieval open-field system, this essay explains how the dynamic interplay between private and common uses on the Internet enables it to facilitate worldwide sharing and collaboration without collapsing under the strain of misuse. It shows that key technical features of the Internet, such as its layering of protocols and the Web's division into distinct "sites," respond to the characteristic threats of strategic behavior in a semicommons. An extended case study of the Usenet distributed messaging system shows that not all semicommons on the Internet succeed; the continued success of the Internet depends on our ability to create strong online communities that can manage and defend the infrastructure on which they rely. Private and common both have essential roles to play in that task, a lesson recognized in David Post's and Jonathan Zittrain's recent books on the Internet.
Governance Challenges of Listed State- Owned Enterprises Around the World: National Experiences and a Framework for Reform
Authors: Milhaupt Curtis J. , Pargendler Mariana
Published: July 2018

Cornell International Law Journal: Vol. 50 : No. 3 , Article 3Despite predictions of their demise in the aftermath of the collapse of socialist economies in Eastern Europe, state-owned enterprises (SOEs) are very much alive in the global economy. The relevance of listed SOEs— firms subject to government ownership, but with a portion of their shares traded on public stock markets— has persisted and even increased around the world, as policymakers have encouraged the partial floating of SOE shares either as a first step toward, or as an alternative to, privatization. In this Article, we evaluate the governance challenges associated with mixed ownership of enterprise, and examine a variety of national approaches to the governance of listed SOEs, with a view to framing a robust policy discussion in many countries where SOE reform is a topic of major significance. We describe the evolution and current status of the institutional framework applicable to listed SOEs in eight different jurisdictions which reflect a variety of economic, legal, and political environments: France, the United States, Norway, Colombia, Brazil, Japan, Singapore, and China. We leverage the lessons from this comparative analysis by critiquing the policy prescriptions of international agencies such as the OECD and framing our own policy suggestions.
Bringing Pirates to Justice: A Case for Including Piracy within the Jurisdiction of the International Criminal Court
Authors: Dutton Yvonne
Published: July 2018

11 Chicago Journal of International Law 201
Intro to Open Research
Authors: Bowley Chealsye
Published: July 2018

Presentation slides for a student workshop on the basics of open access and open data.
FlourishOA Capstone Poster
Authors: Farley Ashley , Norlander Bree
Published: July 2018

Open Access (OA) publications allow for anyone to access research information free of charge. It is difficult for researchers to discover which OA publications exist, and the price to publish. We designed and implemented a data-driven web app and API enabling researchers to discover relevant and reputable OA publications to maximize publishing impact. We aggregated price information and journal impact data. Our goal is to provide the OA community with the tools they need to separate legitimate OA publications from unethical publishers. We believe transparency in the market will produce downward price pressure, further lowering economic barriers to publishing.
Reflections On Resistance, Decolonization, and the Historical Trauma of Libraries and Academia
Authors: Andrews Nicola
Published: July 2018

This personal narrative explores the tensions between libraries and academia as sites that reinforce colonialism, and what is required of vulnerable and minoritized populations in order to secure livelihood in the profession of librarianship. This paper explores the culture of diversity initiatives through the framework of conditional hospitality, and attempts to reconcile indigenous participation in libraries and academia as colonial power structures through historical trauma theory. Barriers to inclusion for indigenous peoples are also explored, including examination of how indigenous knowledge and ways of knowing are included within the LIS curriculum. This chapter is included in The Politics of Theory and the Practice of Critical Librarianship, edited by Karen P. Nicholson and Maura Seale, and published by Library Juice Press in March 2018.
Siapa saja yang menulis makalah tentang Indonesia? (Who wrote articles on Indonesia?)
Authors: Irawan Dasapta Erwin
Published: July 2018

This slide gives a quick review about the sum of papers about Indonesia. We used Scopus database in the main query along with additional data from GS and Ms Academic.Feel free to re-use the material under CC-BY terms and conditions.
De-Centering and Recentering Digital Scholarship: A Manifesto
Authors: Moritz Carolyn , Smart Rachel , Retteen Aaron , Hunter Matthew , Stanley Sarah , Soper Devin , Vandegrift Micah
Published: July 2018

Digital scholarship is an evolving area of librarianship. In this piece we propose 10 theses, statements about what this kind of work DOES, rather than trying to define with it IS. We believe that digitally-inflected research and learning, and the characteristics they employ, are essential to the recentering of our profession's position in/across the academy. We also believe that the "digital scholarship center" has served its time, and that the activities and models for digital scholarship work are core to librarianship. This manifesto is meant to serve as a starting point for a necessary discussion, not an end-all, be-all. We hope others will write and share counter-manifestos, passionate responses, or affirming statements.
Scaling Research Data Management Services Along the Maturity Spectrum: Three Institutional Perspectives
Authors: Ippoliti Cinthya , Koshoffer Amy E , Julian Renaine , Vandegrift Micah , Soper Devin , Meridien Sophie
Published: July 2018

Research data services promise to advance many academic libraries’ strategic goals of becoming partners in the research process and integrating library services with modern research workflows. Academic librarians are well positioned to make an impact in this space due to their expertise in managing, curating, and preserving digital information, and a history of engaging with scholarly communications writ large. Some academic libraries have quickly developed infrastructure and support for every activity ranging from data storage and curation to project management and collaboration, while others are just beginning to think about addressing the data needs of their researchers. Regardless of which end of the spectrum they identify with, libraries are still seeking to understand the research landscape and define their role in the process.This article seeks to blend both a general perspective regarding these issues with actual case studies derived from three institutions, University of Cincinnati, Oklahoma State University, and Florida State University, all of which are at different levels of implementation, maturity, and campus involvement.
Good Science Needs Good Data: An Introduction to Research Data Management
Authors: Regier Ryan
Published: July 2018

This presentation gives a quick introduction to Research Data Management for the Sciences and explains why it is important.
If you start it, they may not come: Why some stakeholders did not participate in a marine spatial planning process
Authors: Open Communications for The Ocean OCTO
Published: July 2018

Using the recent ocean planning process in the US Northeast, this paper assesses the perspectives of stakeholders who did not participate in a marine spatial planning (MSP) process. Since it is more challenging to find and survey stakeholders who did not participate in a process than ones who did, the authors chose a smaller study area – Massachusetts Bay – to examine. They conducted a scoping survey (235 respondents) to understand respondents’ relationships with the marine environment, their understanding of MSP, and why they did or did not participate in the Northeast regional ocean planning process. In addition, the authors held three focus groups (21 participants total) to further explore participants’ understanding of the planning process and their perceptions of the process. The scoping survey was “not intended to be representative”, and focus group participants were chosen from scoping survey respondents.
Visions for a Sea Change: Report of the First International Workshop on Marine Spatial Planning
Authors: Ehler Charles , Douvere Fanny
Published: July 2018

From 8-10 November 2006 the Intergovernmental Oceanographic Commission (IOC) and the Man and the Biosphere Programme (MAB) of the United Nations Educational, Scientific, and Cultural Organization (UNESCO) held the first international workshop on Marine Spatial Planning. The meeting was held at the UNESCO Headquarters in Paris, France.We prepared this technical report from expert presentations made at the workshop and subsequent discussions during and following the workshop, supplemented and updated with new information where appropriate. Marine spatial planning is a rapidly developing field, and we wanted to keep this report up to date. We take responsibility for any misinterpretation or misrepresentation of ideas in the original presentations or factual errors in the report.
The Enactive Approach
Authors: Di Paolo Ezequiel , Thompson Evan
Published: July 2018

This chapter provides an overview of the enactive approach in cognitive science.
Contemplative Neuroscience as an Approach to Volitional Consciousness
Authors: Thompson Evan
Published: July 2018

This chapter presents a methodological approach to volitional consciousness for cognitive neuroscience based on studying the voluntary self-generation and self-regulation of mental states in meditation. Called contemplative neuroscience, this approach views attention, awareness, and emotion regulation as flexible and trainable skills, and works with experimental participants who have undergone training in contemplative practices designed to hone these skills. Drawing from research on the dynamical neural correlates of contemplative mental states and theories of large-scale neural coordination dynamics, I argue for the importance of global system causation in brain activity and present an “interventionist” approach to intentional causation.
Buddhism and Cognitive Science: How Can the Dialogue Move Forward?
Authors: Thompson Evan
Published: July 2018

This paper is the text of a keynote lecture for the conference "Buddhism, Mind, and Cognitive Science" at the University of California, Berkeley, April 25, 2014. The main proposition is that the Buddhism-cognitive science encounter needs to be fundamentally reoriented in order to have a chance of becoming a genuine dialogue. At present, the encounter takes its direction from scientific research on meditation and gives primacy to the measurable biological and behavioural effects of meditation practices in controlled experimental and clinical situations. Although this research is worthwhile, it is neither the same as nor sufficient for a dialogue between Buddhism and cognitive science about the mind. I argue that the Buddhism cognitive science encounter should take its direction from philosophy and give primacy to the constitution of meaning in human experience. Buddhist philosophy especially must be central to this dialogue.
Dreamless Sleep, the Embodied Mind, and Consciousness: The Relevance of a Classical Indian Debate to Cognitive Science
Authors: Thompson Evan
Published: July 2018

One of the major debates in classical Indian philosophy concerned whether consciousness is present or absent in dreamless sleep. The philosophical schools of Advaita Vedānta and Yoga maintained that consciousness is present in dreamless sleep, whereas the Nyāya school maintained that it is absent. Consideration of this debate, especially the reasoning used by Advaita Vedānta to rebut the Nyāya view, calls into question the standard neuroscientific way of operationally defining consciousness as “that which disappears in dreamless sleep and reappears when we wake up or dream.” The Indian debate also offers new resources for contemporary philosophy of mind. At the same time, findings from cognitive neuroscience have important implications for Indian debates about cognition during sleep, as well as for Indian and Western philosophical discussions of the self and its relationship to the body. Finally, considerations about sleep drawn from the Indianmaterials suggest that we need a more refined taxonomy of sleep states than that which sleep science currently employs, and that contemplative methods of mind training are relevant for advancing the neurophenomenology of sleep and consciousness.
Hypnosis and Meditation: A Neurophenomenological Comparison
Authors: Markovic Jelena , Thompson Evan
Published: July 2018

A necessary first step in collaboration between hypnosis research and meditation research is clarification of key concepts. The authors propose that such clarification is best advanced by neurophenomenological investigations that integrate neuroscience methods with phenomenological models based on first-person reports of hypnotic versus meditative experiences. Focusing on absorption, the authors argue that previous treatments of hypnosis and meditation as equivalent are incorrect, but that they can be fruitfully compared when characteristic features of the states described by these concepts are examined. To this end, the authors use the “phenomenological and neurocognitive matrix of mindfulness” (PNM), a multidimensional modelrecently proposed by Lutz and colleagues. The authors compare focused attention meditation and open monitoring meditation with hypnosis across the dimensions of the PNM, using it to interpret empirical research on hypnosis, and to shed light on debates about the role of meta-awareness in hypnosis and the role of suggestion in meditation.
Descartes in a headstand: Introducing 'body-oriented pedagogy'
Authors: Ergas Oren
Published: July 2018

This article's main theme is the conceptualization of a 'body-oriented-pedagogy' that unfolds a possibleaccount of 'how one learns from the body'. Based on B.K.S Iyengar's approach to yoga-posture practice,which is embedded in classical yoga's philosophy of 'mind', a 'body-oriented pedagogy' is depicted as apractice that seeks to incite 'embodied mindfulness'. The pedagogy trains one in turning 'body' into 'subject',thus quieting the 'thinking mind'. It is thus conceptualized as turning the Cartesian crowning of ‘mind’ over‘body’ upside down. This pedagogy is suggested as yielding 'education towards and in presence'. Presence ischaracterized as a mode of perceiving experience prior to the grid of language and concepts, enhancing one'sability to choose one’s action. Applying the grounding of pedagogy in ‘body’, the article then contributes tothe discourse involved in the incorporation of contemplative practice within schooling. 'Body-orientedpedagogy' is depicted as compatible with both 'spiritual' and 'non-spiritual' curriculum orientations.
Is Thinking Really Aversive? A Commentary on Wilson et al.'s "Just Think: The Challenges of a Disengaged Mind"
Authors: Fox Kieran , Thompson Evan , Andrews-Hanna Jessica R. , Christoff Kalina
Published: July 2018

Wilson et al.’s results provide little support for the conclusion that people find being alone with their own thoughts unpleasant or aversive. Instead, their results—like the results from many prior studies of the affective qualities of self-generated thought—show “just thinking” to be on average some what enjoyable. But behind these simple averages lies remarkable individual and situational variability. It is this variability that best characterizes the affective qualities of thinking, rather than any one static point along the continuum from aversiveness toenjoyment.