bluuebunny/crossref_metadata_2025 huggingface dataset:
Improving Digital Publishing of Legal Scholarship
Authors: Keele Benjamin John
Published: July 2018

Legal scholarship’s main mode of formal communication, the law journal article, is mostly stuck in the print publishing model. By adopting some tools and practices made possible by digital communications, legal scholarship can become more accessible, flexible, and interdisciplinary. Instructive examples can be found in the science, technology, engineering, and medicine (STEM) journals.These practices are publishing in HTML and e-book formats and adopting persistent identifiers for scholarly works.
The Elephantine Google Books Settlement
Authors: Grimmelmann James
Published: July 2018

58 Journal of the Copyright Society of the USA 497 (2011)The genius - some would say the evil genius - of the proposed Google Books settlement was the way it fuses legal categories. The settlement raised important class action, copyright, and antitrust issues, among others. But just as an elephant is not merely a trunk plus legs plus a tail, the settlement was more than the sum of the individual issues it raised. These “issues” were really just different ways of describing a single, overriding issue of law and policy - a new way to concentrate an intellectual property industry.In this essay, I argue for the critical importance of seeing the settlement all at once, rather than as a list of independent legal issues. After a brief overview of the settlement and its history (Part I), I describe some of the more significant issues raised by objectors to the settlement, focusing on the trio of class action, copyright, and antitrust law (Part II). The settlement’s proponents responded with colorable defenses to every one of these objections. My point in this Part is not to enter these important debates on one side or the other, but rather to show that the hunt to characterize the settlement has ranged far and wide across the legal landscape.Truly pinning down the settlement, however, requires tracing the connections between these different legal areas. I argue (Part III) that the central truth of the settlement is that it used an opt-out class action to bind copyright owners (including the owners of orphan works) to future uses of their books by a single defendant. This statement fuses class action, copyright, and antitrust concerns, as well as a few others. It shows that the settlement was, at heart, a vast concentration of power in Google’s hands, for good or for ill. The settlement was a classcopytrustliphant, and we must strive to see it all at once, in its entirety, in all its majestic and terrifying glory.
The Cross-Border Freedom of Form Principle Under Reservation: The Role of Articles 12 and 96 CISG in Theory and Practice
Authors: Schroeter Ulrich G.
Published: July 2018

33 Journal of Law and Commerce (2014), 79–117The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) incorporates the freedom of form principle, allowing the conclusion of international sales contracts as well as their later modification to be made without regard to any form. The Convention does provide, however, for the possibility of individual Contracting States declaring a reservation against this principle, the scope and effect of which are described in Articles 12 and 96 CISG. Eleven among the current Contracting States to the Convention have made such a declaration, making the reservation to the freedom of form principle the most popular among the reservations permitted under the CISG.This article addresses a number of questions and difficulties in interpretation that have arisen under Articles 12 and 96 CISG, and proposes answers and solutions. It covers inter alia the reservation's drafting history, the current reservation states including recent signs for upcoming withdrawals of reservations, the prerequisites for making a declaration under Article 96 CISG and the consequences of such prerequisites lacking in certain reservation States. In its central part, it focusses on the effects of an Article 96 CISG reservation for the Convention's practical application, introducing the distinction between the reservation's 'negative' effect (i.e. the removal of Contracting States' public international law obligation to apply the freedom of form principle) and its disputed 'positive' effect (i.e. the question whether the reservation in itself leads to the applicability of the form requirements of the reservation State - a question that should be denied). It furthermore elaborates on the determination of the law governing the formal validity of CISG contracts in accordance with rules of private international law, and on the inadmissibility of the parties excluding the 'negative' effect through party agreement (Article 12 second sentence CISG).
The Evidentiary Rules of Engagement in the War against Domestic Violence
Authors: Collins Erin R.
Published: July 2018

Our criminal justice system promises defendants a fair and just adjudication of guilt, regardless of the character of the alleged offense. Yet, from mandatory arrest to "no-drop" prosecution policies, the system's front-end response to domestic violence reflects the belief that it differs from other crimes in ways that permit or require the adaptation of criminal justice response mechanisms. Although scholars debate whether these differential responses are effective or normatively sound, the scholarship leaves untouched the presumption that, once the adjudicatory phase is underway, the system treats domestic violence offenses like any other crime.This Article reveals that this presumption is false. It demonstrates that many jurisdictions have adopted specialized evidence rules that authorize admission of highly persuasive evidence of guilt in domestic violence prosecutions that would be inadmissible in other criminal cases. These jurisdictions unmoor evidence rules from their justificatory principles to accommodate the same iteration of domestic violence exceptionalism that underlies specialized front-end criminal justice policies. The Article argues that even though such evidentiary manipulation may be effective in securing convictions, enlisting different evidence rules in our war on domestic violence is unfair to defendants charged with such offenses and undermines the integrity of the criminal justice system. It also harms some of the people the system seeks to protect by both reducing the efficacy of the criminal justice intervention and discrediting those complainants who do not support prosecution.
The Time of the Contract: Insurance, Contingency, and the Arrangement of Risk
Authors: Mitropoulos Angela
Published: July 2018

This essay argues that neocontractualism emerges at a historical shift from classical liberal (Lockean) understandings of right (as the distinction between free and slave labour, premised on the non-absolute or temporally-limited transference of right) and the expansive use of the calculus of moral risk that accompanied that understanding of right. Neocontractualism is here defined as the turn to unbreakable and/or obligatory contracts, in which (paraphrasing Pascal and Ewald) there is no choice whether to contract.
Wrestling with Gender: Constructing Masculinity by Refusing to Wrestle Women
Authors: Brake Deborah
Published: July 2018

Deborah L. Brake, Wrestling with Gender: Constructing Masculinity by Refusing to Wrestle Women, 13 Nevada Law Journal 486 (2013). In February of 2011, an Iowa high school boy captured national attention when he refused to wrestle a girl at the state championship meet. The media shaped the story into a tale that honored the boy for sacrificing personal gain out of a moral imperative to “never hurt a girl.” Unpacking this incident reveals several “fault lines” in U.S. culture that often derail gender equality projects: (1) religion/morality is interposed as an oppositional and equally weighty social value that neutralizes an equality claim; (2) the agency of persons supporting traditional gender norms is assumed, while the agency of persons contesting them is questioned; (3) opting out or “leveling down” is employed to reinforce status hierarchies while maintaining a semblance of formal equality (neither boy nor girl wrestles); and (4) de-contextualized strands of feminist theory are appropriated and co-opted in service of the existing gender order. This paper asks, what happens when sex equality law is interjected into this narrative? After examining the anatomy of the backlash to the threat to the gender order posed by the entry of girls into wrestling, this paper constructs an argument that Title IX obligates schools and athletic associations to take measures designed to deter gender-based forfeitures that deprive girls of athletic opportunity. It then explores a tougher question: does the introduction of a sex equality claim disrupt the conventional understandings of gender that emerged from this narrative? I ultimately contend that law has a potentially useful role to play in subverting the gender order, but that to do so it must engage the crucial dynamic at the heart of forfeiture incident: the construction of masculinity, both for the boy who forfeited and for the sport of wrestling itself. Feminist legal strategies must contend with how masculinity is constructed and valued for the boys and men who play sports in order to further advance the cause of girls’ and women’s equality in sports.
Happiness at Work: Rules for Employee Satisfacion and Engagement
Authors: Cadmus Femi
Published: July 2018

The concept of employee satisfaction and engagement is not new. Quite recently, however, there appears to be renewed interest in positive psychology, tracking what makes for happiness in general, and how this translates in the workplace. Cultivating and maintaining a climate and culture which breeds happy, motivated, and productive employees in a library setting requires hard work. A positive and productive workplace does not just happen. Happiness itself is a difficult concept to analyze and understand. What is it, and what makes for happiness? The pursuit of happiness could simply be just that-the pursuit of an elusive and unattainable ideal. While people tend to be generally happy in pleasant circumstances, others in challenging environments with none of the accoutrements of comfortable living are also able to experience happiness and satisfaction. Could it be that happiness is actually a state of mind which exists regardless of outward circumstances? Some recent studies have even posited that happiness is actually a genetic trait written in the DNA, and as a result some people have a propensity to be happier than others.
Eavesdropping Whilst You’re Shopping: Balancing Personalisation and Privacy in Connected Retail Spaces
Authors: Mavroudis Vasilios , Veale Michael
Published: July 2018

Physical retailers, who once led the way in tracking with loyalty cards and ‘reverse appends’, now lag begin online competitors. Yet we might be seeing these tables turn, as many increasingly deploy technologies ranging from simple sensors to advanced emotion detection systems, even enabling them to tailor prices and shopping experiences on a per-customer basis. Here, we examine these in-store tracking technologies in the retail context, and evaluate them from both technical and regulatory standpoints. We first introduce the relevant technologies in context, before considering privacy impacts, the current remedies individuals might seek through technology and the law, and those remedies’ limitations. To illustrate challenging tensions in this space we consider the feasibility of technical and legal approaches to both a) the recent ‘Go’ store concept from Amazon which requires fine-grained, multi-modal track- ing to function as a shop; and b) current challenges in opting in or out of increasingly pervasive passive Wi-Fi tracking. The ‘Go’ store presents significant challenges with its legality in Europe significantly unclear and unilateral, technical measures to avoid biometric tracking likely ineffective. In the case of MAC addresses, we see a difficult-to-reconcile clash between privacy-as-confidentiality and privacy-as-control, and suggest a technical framework which might help balance the two. Sig- nificant challenges exist when seeking to balance personalisation with privacy, and researchers must work together, including across the boundaries of preferred privacy definitions, to come up with solutions that draw on both technology and the legal frameworks to provide effective and proportionate protection. Retailers, simultaneously, must ensure that their track- ing is not just legal, but worthy of the trust of concerned data subjects.
The Structure of Search Engine Law
Authors: Grimmelmann James
Published: July 2018

93 Iowa Law Review 1 (2007)Search engines are the new linchpins of the Internet, and a new body of law - search engine law - will increasingly determine the shape of the Internet. Making sensible search policy requires a clear understanding of how search works, what interests are at stake, and what legal questions intersect at search. This article offers the first comprehensive overview of search engine law, which it organizes into a systematic taxonomy. It then demonstrates the dense legal interrelationships created by search by discussing a series of important themes in search engine law, each of which cuts across many doctrinal areas.
Not Your Parents' Law Library: A Tale of Two Academic Law Libraries
Authors: Cadmus Femi , Aiken Julian , Shapiro Fred
Published: July 2018

As academic law libraries continue to face the inevitability of a rapidly changing landscape which includes a new breed of digital users with sophisticated technological needs, it remains to be seen what libraries will look like in years to come. It is certain that libraries as we know them today will have changed, but to what extent? An ability to remain adaptable and to anticipate the evolving needs of users in a dynamic environment will continue to be key for libraries to remain relevant, and even to survive, in the 21st century; vital to this endeavor will also be an institutional commitment to risk taking, sustained creativity, and innovation.
Comity and International Courts and Tribunals
Authors: Schultz Thomas , Ridi Niccolo
Published: July 2018

Cornell International Law Journal: Vol. 50 : No. 3 , Article 5.This study seeks to clarify the importance, current and potential, of the use of comity by international courts and tribunals. Our findings support the idea that comity might be an emerging principle of procedural law, though agreement on its exact meaning— or unequivocal choices among its many connotations— still tends to be uncommon. We submit that, as long as other solutions are not in place, the principle can be successfully employed to assist international courts and tribunals in mediating jurisdictional conflicts between themselves by balancing coordination efforts and the demands of justice in the individual cases.Comity may serve as a meta-principle of coordination between international judicial bodies, to be employed in the pursuit of the common interest to an efficient and fair system of international dispute settlement. There are strong reasons militating in favour of this proposition: international tribunals, by and large, possess the powers necessary to exercise it; international judges and arbitrators know how to use it; and its long history of applications at the domestic level suggests that it can be employed successfully for a variety of purposes.We also submit the hunch that comity may most likely be employed as a central principle for further aspects of the coordination of international adjudication, for instance informing the sound use of analogical reasoning and precedent-borrowing process. Further study will be required to assess the potential of comity in this context. We have, so far, restricted ourselves to a simpler and more crucial task, seeking to resituate the principle of comity as one on which to rely for the resolution of different types of conflicts between international jurisdictions, and to question the traditional assumption that it is just an unhelpful complication: its history and rediscovery suggest otherwise.
White Paper: A National Investment Authority
Authors: Hockett Robert C. , Omarova Saule T.
Published: July 2018

The contemporary American economy presents a troubling paradox. On the one hand, capital and yield-hungry investors are sufficiently plentiful in the financial system to generate recurrent and devastating asset price bubbles and busts. On the other hand, capital and “patient” investors are so scarce in the nonfinancial and infrastructure sectors that the U.S. has steadily fallen behind its competitors in cutting-edge industries and high quality infrastructure. The explanation for this paradox is not hard to find. Unlike during the nation’s most dynamic and prosperous periods in the past, there is at present no public instrumentality tasked with devising and implementing any ongoing national development strategy, or with directing the capital needed to implement it.No private actor or group of such actors is up to this task. Individual time horizons are too short, and individual capacity to bear long-term risks and capture fair shares of public goods too miniscule, to render such efforts individually rational. Against such a backdrop, it is reasonable for investors to speculate upon price movements in secondary markets rather than invest patiently in primary markets – hence to fuel asset price bubbles and busts rather than real growth. The nation’s economy is accordingly caught in a classic collective action problem – a situation in which multiple acts of individual rationality aggregate into a collectively irrational outcome. Only informed exercises of collective agency can address such problems.This White Paper proposes a form that such agency should take. It calls for a new National Investment Authority (NIA), operationally situated between the Federal Reserve and the Treasury, for the specific purpose of mobilizing private capital in pursuit of long-term investments in both vital infrastructure and the real economy. The NIA reintroduces in modern guise the Hamiltonian national development program of the late 18th century and the Hoover/Roosevelt-era Reconstruction Finance Corporation (RFC) of the mid-20th century. Like those earlier programs, it combines the public and private sectors in partnership. Also like those earlier programs, it reverses the ill-fated latter-day “P3” model of “public capital, private management” in favor of the historically more successful model of “public management, mixed public-and-private capital.”The Paper first lays out the key theoretical and practical justifications for establishing an NIA. It then unpacks the proposal in detail by addressing the specific legal, administrative, and operational choices that will have to be made in connection with its implementation. We lay out and assess the full range of plausible options in connection with each such choice, then conclude and look forward.
Judging the Judiciary by the Numbers: Empirical Research on Judges
Authors: Rachlinski Jeffrey J. , Wistrich Andrew J.
Published: July 2018

13 Annual Review of Law and Social Science (2017)Do judges make decisions that are truly impartial? A wide range of experimental and field studies reveal that several extra-legal factors influence judicial decision making. Demographic characteristics of judges and litigants affect judges’ decisions. Judges also rely heavily on intuitive reasoning in deciding cases, making them vulnerable to the use of mental shortcuts that can lead to mistakes. Furthermore, judges sometimes rely on facts outside the record and rule more favorably towards litigants who are more sympathetic or with whom they share demographic characteristics. On the whole, judges are excellent decision makers, and sometimes resist common errors of judgment that influence ordinary adults. The weight of the evidence, however, suggests that judges are vulnerable to systematic deviations from the ideal of judicial impartiality.
IP Things as Boundary Objects: The Case of the Copyright Work
Authors: Madison Michael J
Published: July 2018

The goal of this article is to initiate the exploration of the meanings and functions of the things of intellectual property: the work of authorship (or copyright work) in copyright, the invention in patent, and the mark and the sign in trademark. The article focuses firstly on the example of copyright work. Relevant challenges are both technological and conceptual, because these things blend the material and the immaterial. Works are neither as clearly defined nor as clearly limited as copyright law often suggests they are. To explain and justify that proposition, the article borrows from information science literature exploring boundary objects, which are stable physical and intangible things that align distinct but overlapping communities of practice in flexible ways, via interpretive openness. The article shows that the meanings of the work in copyright law can be unified conceptually in the sense that the work operates as a boundary object across a number of different legal and cultural divides. This view of the work clarifies the distinct status of relevant communities and practices in copyright but also bridges them in copyright’s construction and governance of culture. None of the boundaries represented in these boundary objects is fixed or impermeable. Their very dynamic and sometimes porous character is precisely the governance role illuminated here.
Embedded Contracts and a Continuum of Sovereign Debt
Authors: Lienau Odette
Published: July 2018

6 Accounting, Economics, and Law 263-272 (2016)What is the relationship of a government to its population as itpertains to sovereign debt? And how does this fit into the larger web of relationshipsand obligations that make up the international financial arena? Thesequestions are incredibly difficult to think through – beyond the capacity of oneauthor alone. I am therefore grateful to have the company of Yuri Biondi, BarryHerman, Tomoko Ishikawa, and Kunibert Raffer in beginning to consider them.In addressing their thoughtful and thought-provoking comments, I see thisresponse less as an opportunity to answer every potential challenge or differentialemphasis. Indeed, the comments by and large extend the analysis of thebook in incredibly insightful ways. Instead, I take this brief essay as a chance toidentify several themes uniting the responses, and to highlight how thesethemes raise additional questions for the sovereign debt regime going forward.In particular, the comments suggest the ways in which the issues and actionsassociated with questions of sovereign legitimacy in the debt market exist not asdichotomies but rather on a continuum. I fully agree with this implicit characterization,and contend that – given that this is the case – challenging themarket narrative that supports the repayment of odious debt should help toundermine resistance to reforming the regime for restructuring sovereign debtmore generally. In addition, the comments emphasize how sovereign debt canbe thought of as embedded in two types of social contract, both of which shouldshape how we think of appropriate policy responses to the challenges of thecontemporary moment.
Should the Law Do Anything about Economic Inequality
Authors: Dimick Matthew
Published: July 2018

Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 1 , Article 1What should be done about rising income and wealth inequality? Should the design and adoption of legal rules take into account their effects on the distribution of income and wealth? Or should the tax-and transfer system be the exclusive means to address concerns about inequality? A widely-held view argues for the latter: only the tax system, and not the legal system, should be used to redistribute income. While this proposition comes in a variety of normative arguments and has support across the political spectrum, there is also a well-known law-and economics version. This argument, known as the “double-distortion” argument, is simply stated. Legal rules that redistribute income only add to the economic distortions that are already present in the tax system. It would therefore be better for everyone, and especially the poor, to instead adopt an efficient, nonredistributive legal rule, and increase redistribution through the tax system.This Article challenges the double-distortion argument from a law and-economics perspective. There are two main arguments, in addition to several other subsidiary points. First, in the abstract, there is no reason to believe that legal rules that have redistributive effects will always reduce efficiency; indeed, they can sometimes increase efficiency. Examples from the regulation of product markets, labor markets, and financial markets underscore this claim. In these cases, legal redistribution is more efficient than redistribution through the tax system. Second, legal rules are likely to be more attractive than taxation precisely in cases where inequality itself or normative concern about inequality is high. Under the optimal tax policy, higher inequality or greater concern about inequality will justify larger tax distortions. Therefore, a particular legal rule is more likely to be more efficient than the optimal tax policy under these circumstances. The ultimate conclusion is that a mix of legal rules and taxation, rather than taxation exclusively, will be the best way to address economic inequality.
The Republican Senate and Regular Order
Authors: Tobias Carl W.
Published: July 2018

Now that the 114th Congress has reached the first session’s conclusion, the purported application of regular order to a major Senate constitutional duty—rendering advice and consent on presidential nominees—merits analysis. This evaluation illuminates serious deficiencies, which plagued 2015 confirmations. Especially important was the GOP’s failure to expeditiously suggest aspirants for White House consideration, and specifically failing to fill “judicial emergencies,” provide hearings and ballots swiftly, conduct floor debates when required rapidly, and confirm more than 11 judges all year. This obstruction has numerous deleterious consequences; the most significant, however, is not fulfilling the constitutional responsibility to proffer advice and consent on many nominees. This subverts coordinate branch actions. The courts may now lack the judicial resources which they need to quickly, inexpensively, and equitably conclude litigation, while the delay may deprive the President of higher-level officers who insure the laws’ faithful execution.
The Doctrine of Legitimate Defense
Authors: Ohlin Jens David
Published: July 2018

The following article reorients mainstream conceptions of self-defense by defending a broader doctrine of legitimate defense that, in limited circumstances, justifies unilateral intervention. The source of the doctrine is natural law, which was explicitly incorporated into the text of UN Charter article 51. The effect of this incorporation was to preserve, as a carve-out from the prohibition against force in Article 2, the natural law rights of defensive force. Specifically, the Article concludes that defensive force under natural law included, in extreme situations, a right of intervention in rogue States that refused to comply with natural law. The Article then provides a normative foundation for the doctrine of legitimate defense by showing how the right of self-determination, the right to be free from genocide, and the right to self-defense, all flow from a more primary right to exist that applies to nations and peoples. Finally, drawing on earlier work published with George Fletcher, the Article explains how a national group’s right of self-defense can trigger a third party’s right to intervene on its behalf. This reading of Article 51 shows how its explicit incorporation of natural law and its textual reference to “legitimate defense” provides the conceptual ground for a modern doctrine of humanitarian intervention. However, unlike other legal justifications for humanitarian intervention that are framed as “exceptions” to article 51, the doctrine of legitimate defense is based on a textual interpretation of that provision.Published: Jens David Ohlin, "The Doctrine of Legitimate Defense," 91 International Law Studies (2015)
Law in Hiding: Market Principles in the Global Legal Order
Authors: Lienau Odette
Published: July 2018

68 Hastings Law Journal 541-608 (2017)Standing in the background of the global legal order are a range of what might be called “market principles” or “market givens”-collective presentations or beliefs about how markets work-which are treated as objective descriptions at a particular time and place. This Article argues that such market givens should be understood as a kind of “law in hiding,” shaping the policy space available to states and other actors and affecting global legal developments in important but unrecognized ways. Drawing on examples from global financial law, rules on capital mobility, and sovereign debt practices, I demonstrate how market principles can provide the real substantive content for conventionally recognized law, effectively counter official law, and act as powerful rules in the absence of clear legal standards. I further consider why “law” is a suitable categorization for these market principles, adopting a broad definition that derives from and pushes forward recent international legal scholarship. I contend that deliberately incorporating market principles into our understanding of the global legal order would be not only theoretically plausible but also productive, especially by expanding the field of legal work and activism and by raising important questions about lawmaking mechanisms, accountability, and norm coherence. I also suggest that market principles have thus far escaped attention from lawyers in part because of tendencies and assumptions in multiple variants of international legal scholarship itself.
Discrimination Law and the Ebb and Flow of Indirect Effect in Britain
Authors: Hand James
Published: July 2018

Strained judicial interpretation of British discrimination law is not new;some of the leading House of Lords cases on the European Union law doctrine ofIndirect Effect have concerned discrimination law. The interpretative obligation, toread national law in line with EU law, has seen words read in and like being treatedwith like according to changing mores. However, the disability discrimination caseof EBR Attridge Law v Coleman [2010] I.C.R. 242 saw an entire sub-section beingread in by an Employment Appeal Tribunal. This article briefly reviews the Houseof Lords’ approach in earlier cases, primarily through the prism of discriminationlaw, and then asks, following more recent Employment Appeal Tribunal casesconcerning pregnancy discrimination and the protection from victimisation withinthe Equality Act 2010, whether the high-water mark for judicial re-writing has beenreached in Britain and whether compliance with European law can better be attainedin other ways.
Preparing Law Students for Information Governance
Authors: deMaine Susan David
Published: July 2018

Information governance is a holistic business approach to managing and using information that recognizes information as an asset as well as a potential source of risk. Law librarians and legal information professionals are well situated to take leadership roles in information governance efforts, including instructing law students in information governance principles and practices. This article traces the development of information governance and its importance to the legal profession, offers a primer on information governance principles and implementation, and discusses how academic law librarians and other legal educators can teach information governance to law students using problem-based learning or similar pedagogical methods.
Reading the High Court at A Distance: Topic Modelling The Legal Subject Matter and Judicial Activity of the High Court of Australia, 1903-2015
Authors: Carter David J , Brown James J. , Rahmani Adel
Published: July 2018

In this article we apply the method of quantitative textual analysis known as ‘topic modelling’ to a significant Australian legal text corpus: that of judgments of the High Court of Australia from 1903 to 2015. The High Court of Australia has been a perennial topic for study and analysis. It is the highest court in the Australian judicial hierarchy and the site of many of the most significant contests of legal doctrine and practice in Australian history. We find that the topic models generated by this research enable the development of a range of unique, novel and robust observations of the High Court’s judicial workload and the shifting make-up of its legal subject matter over time. Moreover, this article reveals the feasibility and value of topic modelling as a method for the study of legal texts and practices that might fruitfully complement other methods of legal scholarship. The results represent a unique, novel and robust contribution to the study of the High Court’s judicial workload throughout its history. The method reveals new perspectives on the judicial workload, and its legal subject matter, not least across time. Based on the outcomes in our test cases, we believe topic modelling of legal texts represents an opportunity for new methodological problems and questions to be advanced, and for legal scholarship and analysis to render new insights whilst testing existing ones. Finally, we note that the techniques used herein have significant potential for extension into legal research, classification and search practices; a topic we will take up in future work.
How People Update Beliefs about Climate Change: Good News and Bad News
Authors: Sunstein Cass R , Bobadilla-Suarez Sebastian , Lazzaro Stephanie C. , Sharot Tali
Published: July 2018

102 Cornell L. Rev. 1431 (2017)People are frequently exposed to competing evidence about climate change. We examined how new information alters people’s beliefs. We find that people who are not sure that man-made climate change is occurring, and who do not favor an international agreement to reduce greenhouse gas emissions, show a form of asymmetrical updating: They change their beliefs in response to unexpected good news (suggesting that average temperature rise is likely to be less than previously thought) and fail to change their beliefs in response to unexpected bad news (suggesting that average temperature rise is likely to be greater than previously thought). By contrast, people who strongly believe that manmade climate change is occurring, and who favor an international agreement, show the opposite asymmetry: They change their beliefs far more in response to unexpected bad news (suggesting that average temperature rise is likely to be greater than previously thought) than in response to unexpected good news (suggesting that average temperature rise is likely to be smaller than previously thought). The results suggest that exposure to varied scientific evidence about climate change may increase polarization within a population due to asymmetrical updating. We explore the implications of our findings for how people will update their beliefs upon receiving new evidence about climate change, and also for other beliefs relevant to politics and law.
Limiting the Last-in-Time Rule for Judgments
Authors: Clermont Kevin M.
Published: July 2018

A troublesome problem arises when there are two binding but inconsistent judgments: Say the plaintiff loses on a claim (or issue) in the defendant’s state and then, in a second action back home, wins on the same claim (or issue). American law generally holds that the later judgment is the one entitled to preclusive effects. In the leading article on the problem, then-Professor Ruth Bader Ginsburg suggested that our last-in-time rule should not apply if the U.S. Supreme Court declined to review the second court’s decision against giving full faith and credit. Although that suggestion is unsound, the last-in-time rule indeed should not apply if the first judgment is American and the second judgment comes from a foreign-nation court. To establish those contentions, this Article must go to the depths of res judicata and conflicts law, not only here under our last-in-time rule but also abroad where a first-in-time rule reigns. The Article resurfaces from the depths to rearrange the puzzle pieces into a simple reformulation—an elaboration rather than an amendment—of the American law on inconsistent judgments.
Citations and Citation Metrics in a Serial Assessment Using Master’s Theses
Authors: Timms Geoffrey
Published: July 2018

We analyzed serial citations in 72 marine biology master’s theses as well as the ranking data of aquatic science serials from six global serial citation metrics, to assess serial use by marine biology graduate students from two perspectives. From 1,035 unique serials, a core of 123 titles was identified and evaluated for access. Citation ages averaged 13.5 years, with 27% of serial citations dated prior to 1996. Students cited serials from disciplines beyond marine biology, demonstrating broad title dispersion compared to several other studies. Recommendations are offered for future investigation to develop a stronger understanding of graduate students’ use of the library’s serial collection.
The Potential for Using Gamification in Academic Libraries in Order to Increase Student Engagement and Achievement
Authors: Walsh Andrew
Published: July 2018

This paper discusses the potential benefits of using gamification techniques to increase student engagement with library resources. It outlines the link between student use of library resources and academic achievement, and suggests that gamification has to potential to increase usage of resources, which may also increase academic achievement. Some early findings from an implementation of a gamification project, Lemontree, are also discussed in which students reported increased usage of library resources and their acceptance of gamification techniques in Higher Education.play
Major threats of pollution and climate change to global coastal ecosystems and enhanced management for sustainability
Authors: Lu Yonglong , Yuan Jingjing
Published: July 2018

Coastal zone is of great importance in the provision of various valuable ecosystem services. However, it is also sensitive and vulnerable to environmental changes due to high human populations and interactions between the land and ocean. Major threats of pollution from over enrichment of nutrients, increasing metals and persistent organic pollutants (POPs), and climate change have led to severe ecological degradation in the coastal zone, while few studies have focused on the combined impacts of pollution and climate change on the coastal ecosystems at the global level. A global overview of nutrients, metals, POPs, and major environmental changes due to climate change and their impacts on coastal ecosystems was carried out in this study. Coasts of the Eastern Atlantic and Western Pacific were hotspots of concentrations of several pollutants, and mostly affected by warming climate. These hotspots shared the same features of large populations, heavy industry and (semi-) closed sea. Estimation of coastal ocean capital, integrated management of land-ocean interaction in the coastal zone, enhancement of integrated global observation system, and coastal ecosystem-based management can play effective roles in promoting sustainable management of coastal marine ecosystems. Enhanced management from the perspective of mitigating pollution and climate change was proposed.
Attitudes to a marine protected area are associated with perceived social impacts
Authors: McNeill Asha , Clifton Julian , Harvey Euan S.
Published: July 2018

Marine protected areas (MPAs) conserve marine biodiversity and ecosystems by limiting or prohibiting resource use in specific areas. Reduced access to a marine resource will invariably impact local communities which reside nearby and utilise those resources. Social dimensions are recognised as crucial to the success of MPAs in meeting environmental goals, however, these dimensions are poorly understood. While much research is focused on developing countries, the majority of recent growth in MPA coverage is occurring in more economically developed settings. This research aims to address this gap by exploring the diversity of social impacts associated with an established MPA on the mid-coast of Western Australia. A range of extractive and non-extractive stakeholders were interviewed to identify the type of impacts experienced and how these are associated with attitudes towards the MPA. The results demonstrate there is a strong association between the nature of the impacts experienced by stakeholders and their attitudes. The social impacts are not distributed uniformly among stakeholders, with some groups of extractive users suffering the majority of the negative impacts and holding highly critical attitudes. The most common adverse impacts affect individual users’ well-being including feelings of fear, stress, uncertainty and inequity, while impacts on fishing activities are limited. Those who reported broader scale community or environmental benefits held largely positive assessments of the MPA. Together these results illustrate the importance of identifying and mitigating the full spectrum of social impacts experienced, as opposed to a narrow focus on the disruption of fishing activities or socio-economic impacts alone.
Habitat risk assessment for regional ocean planning in the U.S. Northeast and Mid-Atlantic
Authors: Wyatt Katherine , Griffin Robert , Guerry Anne , Ruckelshaus Mary , Fogarty Michael , Arkema Katie K.
Published: July 2018

Coastal habitats provide important benefits to people, including habitat for species targeted by fisheries and opportunities for tourism and recreation. Yet, such human activities also can imperil these habitats and undermine the ecosystem services they provide to people. Cumulative risk assessment provides an analytical framework for synthesizing the influence of multiple stressors across habitats and decision-support for balancing human uses and ecosystem health. To explore cumulative risk to habitats in the U.S. Northeast and Mid-Atlantic Ocean Planning regions, we apply the open-source InVEST Habitat Risk Assessment model to 13 habitats and 31 stressors in an exposure-consequence framework. In doing so, we advance the science priorities of EBM and both regional planning bodies by synthesizing the wealth of available data to improve our understanding of human uses and how they affect marine resources. We find that risk to ecosystems is greatest first, along the coast, where a large number of stressors occur in close proximity and secondly, along the continental shelf, where fewer, higher consequence activities occur. Habitats at greatest risk include soft and hard-bottom nearshore areas, tidal flats, soft-bottom shelf habitat, and rocky intertidal zones—with the degree of risk varying spatially. Across all habitats, our results indicate that rising sea surface temperatures, commercial fishing, and shipping consistently and disproportionally contribute to risk. Further, our findings suggest that management in the nearshore will require simultaneously addressing the temporal and spatial overlap as well as intensity of multiple human activities and that management in the offshore requires more targeted efforts to reduce exposure from specific threats. We offer a transparent, generalizable approach to evaluating cumulative risk to multiple habitats and illustrate the spatially heterogeneous nature of impacts along the eastern Atlantic coast and the importance of spatial scale in estimating such impacts. These results offer a valuable decision-support tool by helping to constrain the decision space, focus attention on habitats and locations at the greatest risk, and highlight effect management strategies.
Gestión de playas urbanas: un análisis comparativo de los procesos de gobernanza en las playas Pocitos (Montevideo, Uruguay) y Central (Balneário Camboriú -SC, Brasil)
Authors: Bombana Briana , Polette Marcus , Scalone Daniel Conde
Published: July 2018

Traditionally, beach management has not encouraged governance, which is essential for the sustainability of these coastal environments, as it promotes actions for the common good. This work aims to understand and compare the governance processes in the management of Pocitos beach (Montevideo, Uruguay) and Central beach (Balneário Camboriú-SC, Brazil). The goals were to characterize the institutional framework of the beach management, the stakeholders involved, and the results achieved in both cases suggesting adjustments to the current designs and tools. Semi structured interviews based on six components of governance were conducted and classified. The institution responsible for beach management and the stakeholders were approached via Snowball Sampling technique. On Pocitos beach, management activities are performed through a participative and integrative process, mainly involving government divisions that conform a committee meeting weekly. This committee allows the implementation of governance processes. However, improvements are needed, especially in terms of participation of a wider range of stakeholders. On Central beach, management activities show a weak integration between the municipal government divisions, and the participation of stakeholders. A management alternative similar to that of Pocitos beach is suggested for Central beach. The main contribution of this work is the proposal of a recommendations set for the management of the two beaches addressed, as well as a generalization for other beaches in both countries. We highlight the need for beach management processes characterized by being local, public, participatory, formalized and integrated.
Clarifying some assumptions of coastal management: Analysis of values and uncertainties embedded in beach quality indexes
Authors: Bombana Briana , Ariza Eduard
Published: July 2018

For the first time, this research addresses the assessment of the quality of knowledge embedded in beach quality indexes from a socioecological perspective. We took the most widespread beach quality indexes and identified, selected and assessed the most important existing assumptions. We scored the robustness of these assumptions, using an inclusive methodology (stakeholder meeting, four focus groups and an online questionnaire). The NUSAP criteria for assessing the value-ladenness of scientific studies (Influence of resource limitations, (Im) Plausibility, Choice space, Agreement among peers, Analysts’ subjectivity and Influence on global results) were contrasted and discussed. A final list of the 10 weakest assumptions was presented and discussed. Most of these assumptions are fairly robust, but attention should mainly focus on their influence on global outcomes and (im) plausibility, as the weakest scored criteria. The choice space scores revealed the possibility of including new alternatives to the assumptions, when necessary. Assumptions loaded with framing concepts are weaker than those linked to more concrete objectives. We detected dissociation between the discourse and the operational development of the indexes, in which the narratives prioritizing user satisfaction are predominant and scientific data analysis is often decontextualized. We therefore suggest that science should be opened up throughout the building process of indexes: from the identification of problems to the reporting of results and related un- certainties. The NUSAP method proved to be useful for identifying weak points in beach quality indexes.