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Archive for the ‘Legal Publishing’ Columns

Now We Know What’s Open:
Google Scholar Identifies Open Access Versions of Research Articles

When I first noticed this new aspect of Google Scholar, well over a month ago, I initially didn’t get it. What were these new tags marking up what are already pretty busy entries in the search results? Some entries had a green marker pointing at the title of the article. Others had the marker pointing at a URL that followed the title. And before or after the title or URL came a square bracketed tag that read [PDF] or [HTML].

Of course, this was Google. No explanation, no announcement. Then it hit me. Google was identifying a version of . . . [more]

Posted in: Legal Publishing

How to Institute an Open Access Policy? Stand Up.

On June 10th, my colleagues in the Stanford University School of Education listened patiently as I stood before them explaining how the Harvard Law School had passed an “open access” motion which was going to lead to free online access to all of the scholarly articles that they published. We were on a faculty retreat, at a hotel by the ocean near Monterey, California, with the waves rolling in not far from where we were sitting. An opening had appeared in the program, and I jumped in, asking for the time to explain what such a policy could mean for . . . [more]

Posted in: Legal Publishing

The Finished Degree

[Editor’s note: What follows is the convocation address delivered by Professor Willinsky on the occasion of his receiving an Honorary Doctor of Laws degree from the Faculty of Education at York University, June 19, 2008.]

It is truly an honor, if a slightly odd one as I shall explain, to be asked to join in this celebration of so many graduates’ proud accomplishment as well as an honor to receive an Honorary Doctor of Laws from York University. I say odd because the degree I am receiving could be cast not just as an unearned degree, but a belated degree, . . . [more]

Posted in: Legal Publishing

Harry Potter and the Scholar’s Fair Use

As academics might be said to live and thrive by consideration of fair use, we need to perk up when this vital legality goes to court, and all the more so when it is a good knock-down case of goliath celebrity taking on struggling Davidesque scholar. As most readers will know, with works of “criticism, comment, news reporting, teaching, scholarship, and research,” to use the example of the U.S. legal system, authors can in the name of fair use reasonably cite others’ published work without violating copyright.

Fair use, in this sense, represents the larger society’s recognition that learning . . . [more]

Posted in: Legal Publishing

Could Locke Still Be the Key? Part I

What follows is the opening of a book prospectus I am in the midst of developing for a work on John Locke and what I refer to as the “intellectual properties of learning.” This book grows out of an earlier article I did on Locke’s “common-wealth of learning” and will explore — well, if that’s not clear in the first 800 words of the prospectus, can I reasonably expect a hard-pressed publisher to bite? Putting this in Slaw follows on recent Web 2.0 data-mashups that would drag the book-in-progress into the network, setting it adrift in the blogosphere and giving . . . [more]

Posted in: Legal Publishing

When Free Access to Research Is Mandated by Law

My hope for 2008 is that Stevan Harnad will prove prophetic once again, this time by declaring this the year of the mandate, or as he puts it with his notable precision, “the year of institutional Green OA self-archiving mandates.” For those colorblind to Harnadian distinctions, the mandates in question have been enacted by research funding agencies (21 to date) and a few institutions and require researchers receiving funding from those agencies (or working at those institutions) to deposit an electronic copy of their published work in an online archive so that it is freely available typically 12 months after . . . [more]

Posted in: Legal Publishing