bluuebunny/crossref_metadata_2025 huggingface dataset:
Truth or Dare: A Framework for Analyzing Credibility in Children Seeking Asylum
Authors: Smeda Karen
Published: July 2018

Cornell International Law Journal: Vol. 50 : No. 2 , Article 5. U.S. border agents detained at least 52,000 unaccompanied minors from only four Central American countries—Mexico, Guatemala, El Salvador, and Honduras—in 2014, while 95,000 unaccompanied children sought asylum in Europe in 2015.Given the ongoing turmoil in various parts of the world, these numbers will likely rise. Children are narrowly escaping their native countries. With little help available from legal counsel and little time to gather supporting evidence, more children are relying on the gamble of a positive credibility assessment in an asylum application.The stakes are high—either a new life in the United States, or probable fatality at home if deported.The lives of all children should receive more security than the subjective judgment of the immigration official conducting the child’s credibility assessment. Current strategies used to increase the accuracy of credibility determinations are often misguided by outdated methodology. By implementing more robust, updated guidelines to increase the accuracy of credibility appraisals and ensuring that the recommendations are practiced with regularity, we can enhance the visibility of children facing persecution.
Retiring Forum Non Conveniens
Authors: Gardner Maggie
Published: July 2018

92 New York University Law Review 390 (2017)When it comes to transnational litigation in the federal courts, it is time to retire the doctrine of forum non conveniens. The doctrine, which allows judges to decline jurisdiction in cases they believe would be better heard in foreign courts, is meant to promote international comity and protect defendant fairness. But it is not well-designed for the former purpose, and given recent developments at the Supreme Court, it is dangerously redundant when it comes to the latter. This Article seeks to demythologize forum non conveniens, to question its continuing relevance, and to encourage the courts and Congress to narrow its scope of application so that, when the time is right, it may be fully interred.
The Legal and Political Future of Physician-Assisted Suicide
Authors: Palmer Larry I.
Published: July 2018

289 JAMA 2283 (2003)
Confirming Judge Restrepo To The Third Circuit
Authors: Tobias Carl W.
Published: July 2018

From the moment that the Grand Old Party (GOP) won the Senate in November 2014, Republicans have directly and incessantly vowed to establish “regular order” in the upper chamber again. Lawmakers employed this phrase to depict the purported restoration of strictures that prevailed until Democrats subverted them. In January 2015, when the 114th Congress began, Senator Mitch McConnell (R-Ky.), the Majority Leader, proclaimed, “[w]e need to return to regular order,” while the legislator has dutifully recited that mantra ever since. Senator Charles Grassley (R-Iowa), the head of the Senate Judiciary Committee, espoused analogous concepts. Illustrative was his January 2015 pledge to duly exercise “regular order” in scrutinizing President Barack Obama’s excellent mainstream judicial nominees. Because senators have diligently completed practically both sessions of the 114th Congress throughout which the majority trumpeted “regular order,” its application to a daunting constitutional responsibility—providing advice and consent on nominees—deserves review. This survey ascertains that counterproductive partisanship suffuses appointments—particularly evidenced by slow panel consideration and the confirmation of eleven jurists all last year, the fewest since President Dwight Eisenhower occupied the White House, and merely nine thus far over 2016.
Trilogy Redux: Using Arbitration to Rebuild the Labor Movement
Authors: Hodges Ann C.
Published: July 2018

This Article analyzes the possibility of creating a program to provide representation to workers bound to arbitrate their legal disputes with their employers, while at the same time building a movement to challenge the practice of compulsory arbitration and its impact on workers' rights. First, I briefly review the Supreme Court's recent arbitration jurisprudence and its impact on workers, with a particular focus on the limitations on class actions. Then I move to a discussion of the advantages and challenges to the creation of such a program. Finally, I examine some alternative visions of what such a program might look like, highlighting the risks and benefits of different structures. While there is no doubt that there are challenges in implementing the proposal, there are also opportunities to build a movement of workers fighting for workplace justice across workplace boundaries. It is those opportunities that offer new hope to the labor movement.
The End of Religious Freedom: What is at Stake?
Authors: Tebbe Nelson
Published: July 2018

41 Pepperdine Law Review 963 (2014)In recent work, Steven Smith argues that the American tradition of religious freedom is newly imperiled and may even be nearing exhaustion. This Review puts to one side the substance of that argument and focuses instead on what the stakes might be, should it turn out to be correct. It concludes that the consequences would not be as severe as many people fear.
Original Sin and Judicial Independence: Providing Accountability for Justices
Authors: Carrington Paul D. , Cramton Roger C.
Published: July 2018

50 William and Mary Law Review (2008-09)
Genetic Health and Eugenics Precedents: A Voice of Caution
Authors: Palmer Larry I.
Published: July 2018

30 Florida State University Law Review 237 (2003)
The Changing Market for Criminal Law Casebooks
Authors: Ohlin Jens David
Published: July 2018

In the following Review, I analyze the leading criminal law casebooks on the market and describe the ways in which they do — and do not — respond to the needs of criminal law teachers. At least part of the issue is the changing nature of law teaching — what actually happens in the classroom has changed in the last three decades. Moreover, there may be less uniformity in classroom practice than in the past; in other words, what works in one law school might not work in another, due in part to the changing profile of law students, as well as the great diversity of intellectual perspectives that law teachers bring to the lectern. I then lay out a vision for a new casebook in criminal law that responds to some of these desiderata with a fresh yet flexible approach.Published: Jens David Ohlin, "The Changing Market for Criminal Law Casebooks," 114 Michigan Law Review (2016)
Leave Bad Enough Alone
Authors: Simson Gary J.
Published: July 2018

75 Indiana Law Journal 649 (Spring 2000)
Constitutional Liberty and the Progression of Punishment
Authors: Smith Robert J. , Robinson Zoe
Published: July 2018

102 Cornell L. Rev. 413 (2017)The Eighth Amendment’s prohibition on cruel and unusual punishment has long been interpreted by scholars and judges to provide very limited protections for criminal defendants. This understanding of the Eighth Amendment claims that the prohibition is operationalized mostly to prevent torturous methods of punishment or halt the isolated use of a punishment practice that has fallen into long-term disuse. This Article challenges these assumptions. It argues that while this limited view of the Eighth Amendment may be accurate as a historical matter, over the past two decades, the Supreme Court has incrementally broadened the scope of the cruel and unusual punishment clause. The Court’s contemporary Eighth Amendment jurisprudence—with its focus on categorical exemptions and increasingly nuanced measures of determining constitutionally excessive punishments—reflects an overt recognition that the fundamental purpose of the Eighth Amendment is to protect vulnerable citizens uniquely subject to majoritarian retributive excess. Animating these developments is a conception of constitutional liberty that transcends the prohibition on cruel and unusual punishment. Indeed, 2015’s same-sex marriage decision, Obergefell v. Hodges, reflects a similar trajectory in the Court’s substantive due process jurisprudence. Taken together, these doctrinal developments illustrate a concerted move to insert the Court as the independent arbiter of legislative excesses that undermine the basic right to human dignity by virtue of unnecessarily impinging upon individual liberty. Ultimately, these liberty-driven developments signal new possibilities for the protection of defendant rights in a variety of contemporary contexts, including juvenile life without parole for homicide offenses, life without parole for non-violent drug offenses, the death penalty, certain mandatory minimum sentences, and the prolonged use of solitary confinement.
Knowledge at Work: Disputes over the Ownership of Human Capital in the Changing Workplace
Authors: Stone Katherine V.W.
Published: July 2018

34 Connecticut Law Review 721 (2002)
The Argument for Same-Sex Marriage
Authors: Tebbe Nelson , Widiss Deborah , Gilreath Shannon
Published: July 2018

159 University of Pennsylvania Law Review PENNumbra 21 (2010)Professors Tebbe and Widiss revisit the arguments they made in "Equal Access and the Right to Marry" and emphasize their belief that distinguishing between different-sex marriage and same-sex marriage is inappropriate. They lament the sustained emphasis on the equal-protection and substantive-due-process challenges in the Perry litigation and suggest that an equal-access approach is more likely to be successful on appeal.Professor Shannon Gilreath questions some of the fundamental premises for same-sex marriage. He challenges proponents to truly reflect on "what there is to commend marriage to Gay people," and points to his own reversal on the question as evidence. Though he stands fully in opposition to critics of same-sex marriage who use the stance to veil attacks on equality generally, Gilreath argues that marriage can be seen as a further institutionalization of gays and lesbians that risks "assimilationist erasure of Gay identity." Gilreath concludes by noting that to the extent that marriage is assumed to be normatively good, the Tebbe-Widiss equal access approach to same-sex marriage recognition may be the most successful; still, he invites those on all sides of the debate to vigorously challenge that assumption.
Supreme Court Tie in Teacher Case Delivers a Crucial Victory to Unions
Authors: Cornell Angela B.
Published: July 2018

The Hechinger Report (March 30, 2016)The U.S. Supreme Court handed an important victory to unions and working people this week when it issued an early decision in the controversial public-sector dues case, Friedrichs v. Calf. Teachers Association
Law as Authoritative Fiction
Authors: Marmor Andrei
Published: July 2018

Law, like fiction, is one of those domains in which the saying so makes it so. The main purpose of this essay is to show how various aspects of law and fiction are closely related, and how they exhibit features that are generally shared by expressive artifacts. Both law and fiction belong to a type of intangible artifacts, created by communicative means, giving rise to closed prefixed contexts in which truths in that context are constituted by performative speech acts. The law, however, is very much unlike fiction in that it is essentially authoritative. I conclude by showing how law’s spacio-temporal aspect, which it does not share with most other expressive artifacts, derives from its authoritative nature.
Breakfast with Batman: The Public Interest in the Advertising Age
Authors: Litman Jessica
Published: July 2018

This essay, written as a contribution to a symposium honoring the late Professor Ralph Sharp Brown, and published in Yale Law Journal in 1999, revisits Brown’s prescient 1948 article, Advertising and the Public Interest: Legal Protection of Trade Symbols. In Part I of the essay, I review Ralph Brown’s justification for the rule that trade symbols’ legal protection should be limited to cases of likely consumer confusion. Broader protection of trade symbols, affording legal armor to advertising’s persuasive function, would yield no benefits to consumers and would disserve the public interest by shielding firms from healthy competition. In Part II, I discuss the expansion of trade symbol law over the past fifty years, as courts and Congress increasingly have disregarded Brown’s advice. In Part III, I describe shifts in American culture, legal attitudes, and business practices that accompanied—and to some degree explain—that doctrinal change. In particular, I point out that trade symbols have become enormously valuable, outshining in importance the products they identify. In Part IV, I urge that the independent value of trade symbols and advertising atmospherics today does not supply reasons for protecting them under the trademark laws. Rather, as I explain in Part V, a critical look at the role of advertising in our lives today reaffirms the importance of Ralph Brown’s original prescription: Legal protection for trade symbols, in the absence of confusion, disserves competition and thus the consumer. It arrogates to the producer the entire value of cultural icons that we should more appropriately treat as collectively owned.
Reservations and the CISG: The Borderland of Uniform International Sales Law and Treaty Law After Thirty-Five Years
Authors: Schroeter Ulrich G.
Published: July 2018

41 Brooklyn Journal of International Law (2015), 203–255The makers of uniform international commercial law have traditionally used an instrument of public international law – the treaty between States, or ‘convention’ – in order to unify commercial law rules governing the relations between private parties (merchants). The resulting ‘dual character’ of such conventions as creatures of both treaty law and private law gives rise to a host of difficult legal questions. Maybe more than by any other type of legal rules, such questions are raised by reservations, i.e. formal declarations by which States ‘opt out’ of certain provisions in uniform law conventions, leaving it to the courts to determine the precise effect on contracts between private parties.The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) ranks as one of the most successful uniform international commercial law instrument of all times, having been ratified by 83 States worldwide, among them the U.S., 24 of the 28 EU States, Brazil, Russia, China and Japan. The present article takes the 35th anniversary of the CISG as an occasion to provide an overview of the experiences that have been made with reservations thereunder, investigating the various difficulties that the dual character of its reservations has caused in theory and in practice.In doing so, the article first discusses the hotly disputed qualification of some of the CISG’s provisions as ‘reservations’ or mere ‘declarations’, and its legal consequences. It then challenges the commonly held perception that reservations reduce the degree of uniformity under international commercial law conventions, arguing that reservations should be regarded as a tool enabling a ‘wider’ uniformity. The article goes on to address problems that have emerged in practice under the CISG, as notably the tendency among courts to overlook reservations and the significant uncertainty they seem to cause both in the eyes of government officials and – maybe more importantly – of judges and arbitrators deciding cases. Finally, it looks forward to the next 35 years and discusses the (likely) rule of reservations in future CISG practice, including the trend to withdraw reservations, which reservations may be here to stay and which may even gain in importance in the future.In summary, the article presents the most comprehensive treatment yet of reservations under the most important uniform international commercial law convention in force, identifying important lessons to be learned for the unification of commercial law in general.
Systemically Significant Prices
Authors: Hockett Robert C. , Omarova Saule T.
Published: July 2018

2 Journal of Financial Regulation 1-20 (2016)Some prices and indices in national or transnational markets take on particular market-wide importance, either because (a) they are associated with ubiquitous inputs to production, (b) they are associated with highly popular asset classes, (c) they tend by convention to be used as benchmarks in determining other prices, or (d) some combination of the above. Examples include prevailing wage and salary rates, certain energy and commodity prices, and such indices and borrowing rates as the Standard & Poor’s 500, the Federal Funds Rate, and the Libor and Euribor interbank lending rate benchmarks.We call such prices and indices 'systemically important' prices and indices, or 'SIPIs'. Over the long term, these prices and indices tend toward certain statistical mean values that reflect determinants that can plausibly be characterized as 'fundamentals,' be these demographic, technological, or global-quantity-rooted in character. At times, however, SIPIs can move out of alignment with mean values and associated fundamentals owing to distortions stemming from missing information, recursive collective action problems (including 'noise' trading and 'herd' behavior), or even deliberately manipulative behavior on the part of influential or colluding market actors.We develop a general account of systemically important prices and indices as well as of the market vulnerabilities to which they can give rise, then develop a menu of regulatory strategies for addressing these vulnerabilities in manners that protect markets' capacities to translate fundamental values into (more) accurate prices and indices when these are systemically important. Key to the effort is recognizing that what we propose is in some cases what regulators view themselves as committed to doing already in maintaining market integrity, and in other cases is what central banks do already in determining appropriate money rental ('interest') rates and securing them through open market operations.
The University as Constructed Cultural Commons
Authors: Madison Michael J , Frischmann Brett M. , Strandburg Katherine J.
Published: July 2018

This paper examines commons as socially constructed environments built via and alongside intellectual property rights systems. We sketch a theoretical framework for examining cultural commons across a broad variety of institutional and disciplinary contexts, and we apply that framework to the university and associated practices and institutions.
FERC’s Expansive Authority to Transform the Electric Grid
Authors: Eisen Joel B.
Published: July 2018

Using an unprecedented historical analysis of over 100 years of law dating to the Progressive Era, this Article concludes that the Supreme Court’s landmark decision in Federal Energy Regulatory Commission (“FERC”) v. Electric Power Supply Association properly asserted that FERC has ample authority to pursue broad environmental and energy goals in transforming the electric grid. Building on the Court’s finding that FERC may regulate “practices” that “directly affect” rates in wholesale electricity markets, the analysis develops a detailed standard that is consistent with interpretation of regulatory statutes in each of three distinct eras: the Progressive Era, the era of regulation of utilities under firm-specific tariffs, and the modern, market-based era. This Article also sets forth and discusses in depth four guiding principles that specify how FERC may use the “directly affecting” standard to take sweeping measures to inject new values in the wholesale electricity markets, such as accounting for environmental externalities. Analyzing FERC’s initiatives to promote demand response (techniques for reducing electricity consumption, upheld in FERC v. EPSA) and a hypothetical carbon price imposed on bids in wholesale markets, the Article broadens our understanding of what FERC can regulate and what states can regulate, aiming to lessen ongoing jurisdictional tension and provide a means for addressing difficult cases involving preemption of state laws. The hope is that additional clarity about jurisdictional boundaries will allow for more valuable innovation and experimentation in refashioning the electric grid.
The PetroChina Syndrome: Regulating Capital Markets in the Anti-Globalization Era
Authors: Diamond Stephen F.
Published: July 2018

29 Journal of Corporation Law, (2003-04)
Owning Red: A Theory of Indian (Cultural) Appropriation
Authors: RIley Angela R. , Carpenter Kristen
Published: July 2018

In a number of recent controversies, from sports teams’ use of Indian mascots to the federal government’s desecration of sacred sites, American Indians have lodged charges of “cultural appropriation” or the unauthorized use by members of one group of the cultural expressions and resources of another. While these and other incidents make contemporary headlines, American Indians often experience these claims within a historical and continuing experience of dispossession. For hundreds of years, the U.S. legal system has sanctioned the taking and destruction of Indian lands, artifacts, bodies, religions, identities, and beliefs, all toward the project of conquest and colonization. Indian resources have been devalued by the law and made available for non-Indians to use for their own purposes. Seeking redresses for the losses caused by these actions, tribes have brought claims under a variety of laws, from trademark and copyright to the First Amendment and Fifth Amendment, and some have been more successful than others. As a matter of property law, courts have compensated—albeit incompletely—the taking of certain Indian lands and have also come to recognize tribal interests in human remains, gravesites, and associated artifacts. When it comes to intangible property, however, the situation is more complicated. It is difficult for legal decision makers and scholars alike to understand why Indian tribes should be able to regulate the use of Indian names, symbols, and expressions. Indeed, non-Indians often claim interests, sounding in free speech and the public domain, in the very same resources. To advance understanding of this contested area of law, this Article situates intangible cultural property claims in a larger history of the legal dispossession of Indian property—a phenomenon we call “Indian appropriation.” It then evaluates these claims vis-à-vis prevailing legal doctrine and offers a normative view of solutions, both legal and extralegal.Published: Angela R. Riley and Kristen A. Carpenter, "Owning Red: A Theory of Indian (Cultural) Appropriation," 94 Texas Law Review 859 (2016).
Review of Reclaiming Fair Use: How to Put Balance Back in Copyright
Authors: Keele Benjamin John
Published: July 2018

Keele, B. J. (2012). Review of Reclaiming Fair Use: How to Put Balance Back in Copyright. Law Library Journal 104(2), 313-315.
Degrees of Deference: Applying vs. Adopting Another Sovereign's Law
Authors: Clermont Kevin M.
Published: July 2018

103 Cornell L. Rev. 243 (2018)Familiar to all Federal Courts enthusiasts is the Erie distinction between federal actors’ obligatory application of state law and their voluntary adoption of state law as federal law. This Article’s thesis is that this significant distinction holds in all other situations where a sovereign employs another’s law: not only in the analogous reverse-Erie resolution of federal law’s constraint on state actors, but also in the horizontal choice-of-law setting and even in connection with the status of international law. Application and adoption are different avenues by which to approach a pluralist world. Application involves the recognition of the other sovereign’s law properly governing by its own force, while adoption follows from voluntary consultation of the other’s law while formulating the local rule of decision in pursuit of fairness, convenience, or other local policies. The applying/adopting distinction can be difficult to draw, but draw it we must because many binary practical consequences turn on it. Those consequences range beyond the federalist implications for federal and state courts to the modifiability of the sovereign’s law and the availability of original and appellate jurisdiction in the local courts.
Lessons from Piloting Community Focused Repositories
Authors: Bowley Chealsye
Published: July 2018

Presentation given at Southern Mississippi Institutional Repository Conference.
Open Access and the Humanities: Contexts, Controversies, and the Future
Authors: Eve Martin Paul
Published: July 2018

If you work in a university, you are almost certain to have heard the term 'open access' in the past couple of years. You may also have heard either that it is the utopian answer to all the problems of research dissemination or perhaps that it marks the beginning of an apocalyptic new era of 'pay-to-say' publishing. In this book, Martin Paul Eve sets out the histories, contexts and controversies for open access, specifically in the humanities. Broaching practical elements alongside economic histories, open licensing, monographs and funder policies, this book is a must-read for both those new to ideas about open-access scholarly communications and those with an already keen interest in the latest developments for the humanities. This title is also available as Open Access via Cambridge Books Online.
Fair Dealing for Non-Education Libraries
Authors: Regier Ryan
Published: July 2018

This presentation will make the case that special, public, and non-educational libraries need to start relying more on fair dealing to allow their users to make full-use of the content these libraries are licensing.
You can't replicate what you can't find: Data preservation policies in economic journals
Authors: Butler Courtney R. , Currier Brett D.
Published: July 2018

Originally presented to the 2017 Annual International Association for Social Science Information Services & Technology (IASSIST) Conference, Lawrence, KS.Recommended citation: Butler, C. R. & Currier, B. D. (2017). You can’t replicate what you can’t find: Data preservation policies in economic journals. Presentation to the 2017 Annual International Association for Social Science Information Services & Technology (IASSIST) Conference, Lawrence, KS. Accessed through LIS Scholarship Archive. Available at http://doi.org/10.17605/OSF.IO/HF3DSThis presentation will review digital preservation strategies of economic journals that have data availability policies. Long-term data preservation is critical for future reproducibility of economic research. A greater focus is being placed on making research data publicly available, but there is a dearth of official policies and discussion in the literature concerning preservation. A sampling of over 250 economics journals was developed by cross-referencing journal impact factors, h5-indices, IDEAS rankings, and Federal Reserve Bank of Kansas City staff authorship and service to the journal. This sampling analyzes whether data preservation policies are present either independently or as part of a larger data availability policy. Preliminary results indicate that while data availability policies are becoming much more common, data preservation policies are practically nonexistent. This has strong implications for future research reproducibility. In response, the Federal Reserve Bank of Kansas City is developing an institutional data preservation platform as an alternative solution. Updated Research: Butler, Courtney R., Brett D. Currier, and Kira Lillard. “Safeguarding Research: A Review of Economics Journals’ Preservation Policies for Published Code and Data Files.” Federal Reserve Bank of Kansas City, Research Working Paper no. 21-14, December. https://doi.org/10.18651/RWP2021-14
Replicating our Instructional Capacity: Developing Shared Workshops across Institutions
Authors: Lewis Danica Madison , Hayes Barrie Elizabeth , Carroll Alexander James
Published: July 2018

User communities are asking librarians for support finding non-textual information and data. Given that their instructional capacity is already stretched thin, many librarians are apprehensive about developing classes to support these emerging topics. To overcome these challenges, librarians at the NCSU Libraries and the UNC Health Sciences Library developed a shared suite of instructional materials for bioinformatics workshops that are now offered at both campuses. This presentation will discuss the benefits and challenges of developing instructional materials across institutions, and will share our experiences using tools like Box and Open Science Framework to facilitate this initiative. The presentation will close with a discussion of other topics that may be well-suited for multi-institutional collaboration. [Slides from conference presentation].
Embracing the Feminization of Librarianship
Authors: Higgins Shana
Published: July 2018

This chapter explores the ways in which the feminine-coded qualities of librarianship and the "feminization" of library work may be aligned with (re)asserting an agenda for libraries that builds from a foundation of serving the public good and of social responsibility.
Grant Narrative - Integrating digital humanities into the web of scholarship with SHARE: An exploration of requirements
Authors: Hudson Vitale Cynthia , Ruttenberg Judy , Spies Jeffrey Robert , Johnson Richard P. , Paterson Joanne , Harp Matthew Ronald , Padilla Thomas , Maron Nancy , Nicholls Natsuko
Published: July 2018

This project will develop a plan to optimize the SHARE aggregator and data set for digital humanities in consultation with scholars, institutions, and centers. Given the dispersed nature of modern scholarship, a digital humanities project may produce more than one book or article manuscript, each published on a different publisher’s website, any number of pre-prints on institutional repositories or pre-print servers, data sets and code books on Dryad or Figshare, and text mining or cleaning scripts on github. With many digital humanities projects based in academic departments, such project components may be housed semi-permanently in web-publishing platforms like Omeka without formal integration with library discovery systems or other services to link them to similar projects. As part of a growing open infrastructure movement, the SHARE platform links scholarly activity across the research lifecycle and makes it available as enhanced, free, open metadata. The project team will administer a survey, conduct focus groups, and engage with the humanities community to detail requirements and prototype applications for digital scholarship curation, discovery, and aggregation using SHARE.
Practicing What You Preach: Evaluating Access of Open Access Research
Authors: Schultz Teresa
Published: July 2018

The open access movement seeks to encourage all researchers to make their works openly available and free of paywalls so more people can access their knowledge. Yet some researchers who study open access (OA) continue to publish their work in paywalled journals and fail to make it open. This project set out to study just how many published research articles about OA fall into this category, how many are being made open (whether by being published in a gold OA or hybrid journal or through open deposit), and how library and information science authors compare to other disciplines researching this field. Because of the growth of tools available to help researchers find open versions of articles, this study also sought to compare how these new tools compare to Google Scholar in their ability to disseminating OA research. From a sample collected from Web of Science of articles published since 2010, the study found that although a majority of research articles about OA are open in some form, a little more than a quarter are not. A smaller rate of library science researchers made their work open compared to non-library science researchers. In looking at the copyright of these articles published in hybrid and open journals, authors were more likely to retain copyright ownership if they printed in an open journal compared to authors in hybrid journals. Articles were more likely to be published with a Creative Commons license if published in an open journal compared to those published in hybrid journals.
How to use social media for fisheries science and management professionals
Authors: Open Communications for The Ocean OCTO
Published: July 2018

While conservation scientists often use social media to engage the public and collaborate on scientific endeavors, fisheries scientists and managers are less represented online. In this paper, the author explains some key benefits and methods for using social media to encourage others to join the conversation.
Projected timing of perceivable change in climate extremes for terrestrial and marine ecosystems
Authors: Tan Xuezhi
Published: July 2018

Human and natural systems have adapted to and evolved within historical climatic conditions. Anthropogenic climate change has the potential to alter these conditions such that onset of unprecedented climatic extremes will outpace evolutionary and adaptive capabilities. To assess whether and when future climate extremes exceed their historical windows of variability within impact-relevant socio-economic, geopolitical, and ecological domains, we investigate the timing of perceivable changes (time of emergence; TOE) for 18 magnitude-, frequency- and severity-based extreme temperature (10) and precipitation (8) indices using both multi-model and single-model multi-realization ensembles. Under a high-emission scenario, we find that the signal of frequency- and severity-based temperature extremes is projected to rise above historical noise earliest in mid-latitudes, whereas magnitude-based temperature extremes emerge first in low and high latitudes. Precipitation extremes demonstrate different emergence patterns, with severity-based indices first emerging over mid-latitudes, and magnitude- and frequency-based indices emerging earliest in low and high latitudes. Applied to impact-relevant domains, TOE patterns suggest: (i) unprecedented consecutive dry day occurrence in >50% of 14 terrestrial biomes and 12 marine realms pr¬¬ior to 2100, (ii) earlier perceivable changes in climate extremes in countries with lower per capita GDP, and (iii) emergence of severe and frequent heat extremes well-before 2030 for the 590 most populous urban centers. Elucidating extreme-metric and domain-type TOE heterogeneities highlights the challenges adaptation planners face in confronting the consequences of elevated 21st century radiative forcing.
Spatial effects of the Canterbury earthquakes on inanga spawning habitat and implications for waterways management
Authors: Orchard Shane , Hickford Michael J H
Published: July 2018

The Canterbury earthquakes resulted in numerous changes to the waterways of Ōtautahi Christchurch. These included bank destabilisation, liquefaction effects, changes in bed levels, and associated effects on flow regimes and inundation levels. This study set out to determine if these effects had altered the location and pattern of sites utilised by inanga (Galaxias maculatus) for spawning, which are typically restricted to very specific locations in upper estuarine areas. Extensive surveys were carried out in the Heathcote/Ōpāwaho and Avon/Ōtākaro catchments over the four peak months of the 2015 spawning season. New spawning sites were found in both rivers and analysis against pre-earthquake records identified that other significant changes have occurred. Major changes include the finding of many new spawning sites in the Heathcote/Ōpāwaho catchment. Sites now occur up to 1.5km further downstream than the previously reported limit and include the first records of spawning below the Woolston Cut. Spawning sites in the Avon/Ōtākaro catchment also occur in new locations. In the mainstem, sites now occur both upstream and downstream of all previously reported locations. A concentrated area of spawning was identified in Lake Kate Sheppard at a distinctly different location versus pre-quake records, and no spawning was found on the western shores. Spawning was also recorded for the first time in Anzac Creek, a nearby waterway connected to Lake Kate Sheppard via a series of culverts.Overall the results indicate that spawning is taking place in different locations from the pre-quake pattern. Although egg survival was not measured in this study, sites in new locations may be vulnerable to current or future land-use activities that are incompatible with spawning success. Consequently, there are considerable management implications associated with this spatial shift, primarily relating to riparian management. In particular, there is a need to control threats to spawning sites and achieve protection for the areas involved. This is required under the New Zealand Coastal Policy Statement 2010 and is a prominent objective in a range of other policies and plans.
Marine Spatial Planning in Romania: State of the art and evidence from stakeholders
Authors: Vaidianu Natasa , Ristea Madalina
Published: July 2018

During the last decades, increasing demands on marine resources and unsustainable activities taking place in the marine area compromise the future use of the marine environment. In July 2014, the European Parliament and Council established a Guideline Framework for marine/maritime spatial planning (MSP). MSP is a useful and cost-effective tool for sustainable development, together with regulation and protection of the marine environment. Within this context, Romania has started to proceed and incorporate it in the national legislation framework; in 2017, it has also established a competent authority for its implementation so that marine spatial plans can be enacted by 31 March 2021. In this study, a first approach for MSP framework in Romania was developed, enabling the mapping of all current human activities related to shipping, oil and gas exploitation, fisheries, tourism and environmental status, in order to identify overlaps or potential conflicts among users. This paper identifies key challenges and concerns anticipated to emerge from incorporation of MSP in the national spatial planning framework as it is currently organized: a) Romanian stakeholders have a relatively poor understanding of European, national and regional sea planning regulations, b) concerns related to MSP implementation at regulatory level, c) huge need for sharing of MSP-relevant information for a coherent planning, d) challenges of assessing the needs of interconnected ecosystems (including relevant EU and international legislation). In this context, our study covers highly actual aspects concerning the way the marine spatial planning process evolves and will contribute to deliver a coherent approach to reduce conflicts of the Romanian marine environment, a proper MSP implementation, as well as minimizing the pressures and impacts on the marine resources.
Science Tools to Implement Ecosystem Based Management in Massachusetts
Authors: SeaPlan
Published: July 2018

This report considers the main elements of an ecosystem-based management approach to MA state ocean planning and offers a framework of science and decision tools to support effective plan development and implementation.
Priority conservation areas of the Coral Triangle
Authors: Open Communications for The Ocean OCTO
Published: July 2018

With an enormous, largely unprotected ocean, it’s useful to identify areas of the most conservation importance. The authors looked at the Coral Triangle to determine which areas therein should be prioritized for conservation.
Designing well-connected marine reserves for climate-change resilience with low socio-economic costs
Authors: Open Communications for The Ocean OCTO
Published: July 2018

The theory behind networks of marine reserves is that they allow protected pathways for species to grow and maintain populations through their lifecycle - from where individuals begin their lives (typically as planktonic larvae) to where they disperse and live later as adults. Individual reserves - patches of protected habitat - are linked together, often by oceanic currents, with organisms moving between the reserves. Connections between marine reserves in a common area can be explored with graph theory: visualizing ecological networks much like a concept map. The ocean is warming due to climate change. Warming water has effects on larval physiology of at least some species, including shortening the larval development period, and thus shortening larval dispersal distance. These changes could theoretically compromise the connectivity and performance of marine reserve networks, thus requiring adjusting their design to account for ocean warming.The authors used the Midriff Islands Region in the Gulf of California, Mexico as a case study to examine the effects of ocean warming on the ability of planktonic larvae to spread amongst reserves. The Midriff Islands Region features a counter-clockwise gyre in the spring and summer months, which reverses in the fall and winter. As such, larval dispersal changes depending on the time of year and where a reserve is located in relation to the center of the gyre.
Indicators for evaluating the protection of MPA networks
Authors: Open Communications for The Ocean OCTO
Published: July 2018

Not all MPAs are created equal, in terms of biodiversity conservation. Many MPAs allow extractive uses like fishing or oil prospecting, while other “no-take” MPAs prohibit such uses. Some MPAs are isolated from other protected sites, while others utilize network effects to increase larval dispersal and survival of protected species. With the current Convention on Biological Diversity target of protecting 10% of marine and coastal areas by 2020, can size alone determine if an MPA is living up to its name? No. Therefore, the authors propose a set of indicators to measure the level of protection of MPA networks.
Considering the importance of metaphors for marine conservation
Authors: Neilson Alasdair
Published: July 2018

This paper seeks to highlight the importance of metaphors for marine conservation and policy. It argues that themanner in which the oceans are perceived, often as an alien landscape, can limit the way language is utilised inmarine conservation efforts. This limitation can produce unhelpful environmental metaphors that, instead ofacting as catalysts for action, produce negative and reactionary responses. It illustrates this point through theexample of what has become known as the ‘Great Pacific Garbage Patch.’ It postulates that if there is a disconnectbetween the many complex environmental issues facing the world's oceans and the way they are perceived, thenmore focus should be placed on developing pre-determined culturally embedded metaphors, which can conjurerelatable imagery, but that are also rooted in scientific evidence. It recommends that, in an extension to existingpublic perception research (PPR) on how different communities value the ocean environment, there is room forshared metaphors of the oceanic environment to be developed that can help raise awareness within a particularcultural setting.
DRAFT Climate Change Adaptation Indicators Framework for the City of Boston, MA
Authors: SeaPlan
Published: July 2018

Despite global efforts to mitigate climate change, climate change impacts are occurring, and will likely increase in severity in the coming decades. The City of Boston has stated its commitment to mitigating climate change and preparing the city for its impacts through the establishment of the Climate Action Plan (2010). Through their report, the Climate Action Leadership Committee and the Community Advisory Committee of the City of Boston established the need for an indicators framework to track the progress of the City of Boston in preparing for climate change. “A Draft Climate Adaptation Indicators Framework for the City of Boston, MA” provides a pragmatic approach to establishing indicator metrics to better understand the City of Boston’s vulnerabilities and to evaluate and track its progress in implementing preparedness and resilience measures. This report describes the four-step methodology to develop a climate change adaptation (CCA) indicators framework, the resulting draft CCA indicators framework, and recommendations for next steps in implementing and honing this framework.
Marsh and Riparian Habitat Compensation in the Fraser River Estuary: A Guide for Managers and Practitioners
Authors: Lievesley Megan , Stewart Dan , Mason Brad , Knight Rob
Published: July 2018

A guide designed to help improve the state of habitat compensation in the Fraser River Estuary by making sound, evidence-based recommendations guided by the findings of Lievesley and Stewart (2016), Assessing Habitat Compensation and Examining Limitation to Native Plant Establishment in the Lower Fraser River Estuary. The findings from this study indicate that only one-third of sampled marsh habitat compensation projects created between 1983 and 2010 are acceptably compensating for habitat losses; and that several riparian habitat compensation projects from this same time period had significant deficiencies. These findings indicate that there is still much room for improvement in the field of habitat compensation in the Fraser River Estuary.
Moving toward sustainable fishing practices in Tenerife
Authors: Open Communications for The Ocean OCTO
Published: July 2018

Artisanal fishing is commonplace on the island of Tenerife, however, the local fisheries are unsustainable. The Canary Island government is mandated to implement the the European Commission's Common Fisheries Policy, but it has yet to do so. The authors convened a number of focus groups with members of local fishing communities (Cofradías), public administrators, and civil society organizations to crowdsource the current problems with the local fishery and solutions to make it more sustainable.
Improving our knowledge on small-scale fisheries: data needs and methodologies
Authors: Nations Food and Agriculture Organization of the United
Published: July 2018

In 2012, the World Bank, FAO and WorldFish Center published a review of the economic importance of fisheries entitled Hidden Harvest: The Global Contribution of Capture Fisheries. While providing essential information and estimates that are still valid, the analyses would benefit from being refined and updated, and also by including additional dimensions of the contribution of small-scale fisheries to food security and nutrition, poverty reduction, and the three dimensions of sustainable development more broadly. The intention would be to draw the attention of policy- and decision-makers to the sector’s importance and to promote the required engagement and support to realize the potential of sustainable small-scale fisheries. Such an analysis would also be an important contribution towards monitoring the implementation of the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines), and of the progress towards the achievement of the Sustainable Development Goals (SDGs).As a first step towards a new Hidden Harvest study, the “Workshop on improving our knowledge on small-scale fisheries: data needs and methodologies” was held at FAO in Rome, Italy on 27–29 June 2017. This expert workshop discussed:• the scope and main contents of the new study, including type of data (indicators) to be collected and subsector coverage; and• the methodologies for data collection and analyses, including key partners and information sources.About 40 external experts, as well as FAO staff from the Fisheries and Aquaculture Department and other relevant FAO departments, participated in the workshop. The workshop agreed on the need for a comprehensive new study to illuminate the hidden contributions of small-scale fisheries to the three dimensions of sustainable development, as well as identifying the key threats to these contributions. The study would be a collaborative effort, and the next steps envisaged include the development of a study design based on the workshop outcomes, to be completed by the end of 2017; continuation of ongoing communications and partnership development; and launch of the research in early 2018, with a target for completion in the first half of 2019.