37 Matching Annotations
  1. Jun 2019
    1. Computer Revolution

      Computer Revolution also called "Digital Revolution" refers to where the technology is very popular and its used by people around the world.

  2. May 2019
  3. www.environmentandsociety.org www.environmentandsociety.org
    1. Before the energy of environmental historians can reach the public, the obstacles to transmission posed by jargon, obscurity, and an inward-looking orientation toward historiography must be removed

      This is a better statement of this than McNeill's recent post in the AHA blog.

  4. Jul 2017
  5. Jan 2017
  6. Feb 2014
    1. What intrigued me when I first walked into Neil’s living room was the concept of a collaboration- driven ethos , although at the time I had no idea what those words mean

      collaboration-driven ethos

    2. coming together to share an ethos : the combined set of beliefs, customs, and sentiment that flows between like-minded people.

      Collaboration-driven ethos: the combined set of beliefs, customs, and sentiment that flows between like-minded people.

  7. legal-dictionary.thefreedictionary.com legal-dictionary.thefreedictionary.com
    1. Res [Latin, A thing.] An object, a subject matter, or a status against which legal proceedings have been instituted. For example, in a suit involving a captured ship, the seized vessel is the res, and proceedings of this nature are said to be in rem. Res, however, does not always refer to tangible Personal Property. In matrimonial actions, for example, the res is the marital status of the parties.

      Latin for: a thing

      An object, a subject matter, or a status against which legal proceedings have been instituted.

    2. res (rayz) n. Latin, thing. In law lingo res is used in conjunction with other Latin words as "thing that."
    1. Citators- A set of books and online sources that provide the subsequent judicial history and interpretation of reported cases or lists of cases and legislative enactments construing, applying, or affecting statutes. In America, the most widely used citators are Shepard's citations and Keycite.

      Definition of citators.

    1. Citation signals The citation signal appearing next to a case name indicates whether the decision has received positive, negative, cautionary or neutral treatment in subsequent judgments. The signal is a summary of the annotation information available from the list of appeal proceedings and cases referring to this case. Clicking on these signals will take you to the citation entry for these decisions. Hover your mouse over the symbol for a description.

      Citation signals regarding future case judgments from citators:

      • Negative Treatment
      • Cautionary Treatment
      • Positive Treatment
      • Neutral History or Treatment
      • Citator Information
    1. Disposition : The dispo sition usua lly a ppears a t t he en d of the ma in opinion, and tells you what action the court is taking with the case. For example, an appeals court ma y affirm the lower court decision , upholding it; or it ma y reverse the decision, overturning it, and remand the case, sendi ng i t back to th e lower c ourt for further procee dings. F or now, y ou should k eep in mind that when a higher court affirms it means that the lower court had it right (in result, if not in reasoning). Words like reverse , remand , and vacate means that the higher court though the lower court had it wrong

      Keywords:

      • affirm
      • reverse
      • remand
      • vacate
    1. Dicta Dicta refers to anything that isn't relevant to the case's holding. Often judges will use a case to expound upon their theories of the law. The theories may not be relevant to the case at hand, but it gives the judge a chance to give direction to the lower courts by putting the theory in writing. Dicta does not carry weight as a precedent. But it's useful to note how the court might have ruled given a different set of circumstances.

      dicta refers to anything that isn't relevant to the case's holding.

    1. Identify the relationship/status of the parties (Note: Do not merely refer to the parties as the plai ntiff/defendant or appellant/appellee; be sure to also include more descr iptive generic terms to identify the relationship/status at issue, e.g., buyer/seller, employer/employee, landlord/tenant, etc.)

      Identify the factual relationship of the parties, not just the procedural relationship.

      Examples of procedural:

      • plaintiff/defendant
      • appellant/appellee

      Examples of factual:

      • buyer/seller
      • employer/employee
      • landlord/tenant
    2. nctions A. A case brief is a dissection of a judici al opinion -- it contains a written summary of the basic components of that decision. B. Persuasive briefs (trial and appella te) are the formal documents a lawyer files with a court in support of his or her client’s position

      Distinctions

    1. C e n s u s t a k e r s , f o r e x a m p l e , d o n o t " c r e a t e " t h e p o p u l a t i o n f i g u r e s t h a t e m e r g e f r o m t h e i r e f f o r t s ; i n a s e n s e , t h e y c o p y t h e s e f i g u r e s f r o m t h e w o r l d a r o u n d t h e m . D e n i c o l a , C o p y r i g h t i n C o l l e c t i o n s o f F a c t s : A T h e o r y f o r t h e P r o t e c t i o n o f N o n f i c t i o n L i t e r a r y W o r k s , 8 1 C o l u m . L . R e v . 5 1 6 , 5 2 5 ( 1 9 8 1 ) ( h e r e i n a f t e r D e n i c o l a ) . C e n s u s d a t a t h e r e f o r e d o n o t t r i g g e r c o p y r i g h t b e c a u s e t h e s e d a t a a r e n o t " o r i g i n a l " i n t h e c o n s t i t u t i o n a l s e n s e . N i m m e r § 2 . 0 3 [ E ] . T h e s a m e i s t r u e o f a l l f a c t s — s c i e n t i f i c , h i s t o r i c a l , b i o g r a p h i c a l , a n d n e w s o f t h e d a y . " [ T ] h e y m a y n o t b e c o p y r i g h t e d a n d a r e p a r t o f t h e p u b l i c d o m a i n a v a i l a b l e t o e v e r y p e r s o n . " M i l l e r , s u p r a , a t 1 3 6 9 .

      Census takers do not create; they merely copy the figured from the world around them. All facts-- scientific, historical, biographical, and news of the day-- may not be copyrighted and are part of the public domain.

    2. I t i s t h i s b e d r o c k p r i n c i p l e o f c o p y r i g h t t h a t m a n d a t e s t h e l a w ' s s e e m i n g l y d i s p a r a t e t r e a t m e n t o f f a c t s a n d f a c t u a l c o m p i l a t i o n s . " N o o n e m a y c l a i m o r i g i n a l i t y a s t o f a c t s . " I d . , § 2 . 1 1 [ A ] , p . 2 - 1 5 7 . T h i s i s b e c a u s e f a c t s d o n o t o w e t h e i r o r i g i n t o a n a c t o f a u t h o r s h i p . T h e d i s t i n c t i o n i s o n e b e t w e e n c r e a t i o n a n d d i s c o v e r y : T h e f i r s t p e r s o n t o f i n d a n d r e p o r t a p a r t i c u l a r f a c t h a s n o t c r e a t e d t h e f a c t ; h e o r s h e h a s m e r e l y d i s c o v e r e d i t s e x i s t e n c e . T o b o r r o w f r o m B u r r o w - G i l e s , o n e w h o d i s c o v e r s a f a c t i s n o t i t s " m a k e r " o r " o r i g i n a t o r . " 1 1 1 U . S . , a t 5 8 . " T h e d i s c o v e r e r m e r e l y f i n d s a n d r e c o r d s . " N i m m e r § 2 . 0 3 [ E ] .

      No one may claim originality to facts because facts do not owe their origin to an act of authorship. The distinction is one between creation vs discovery.

    3. I n B u r r o w - G i l e s , t h e C o u r t d i s t i l l e d t h e s a m e r e q u i r e m e n t f r o m t h e C o n s t i t u t i o n ' s u s e o f t h e w o r d " a u t h o r s . " T h e C o u r t d e f i n e d " a u t h o r , " i n a c o n s t i t u t i o n a l s e n s e , t o m e a n " h e t o w h o m a n y t h i n g o w e s i t s o r i g i n ; o r i g i n a t o r ; m a k e r . " 1 1 1 U . S . , a t 5 8 ( i n t e r n a l q u o t a t i o n m a r k s o m i t t e d ) . A s i n T h e T r a d e - M a r k C a s e s , t h e C o u r t e m p h a s i z e d t h e c r e a t i v e c o m p o n e n t o f o r i g i n a l i t y . I t d e s c r i b e d c o p y r i g h t a s b e i n g l i m i t e d t o " o r i g i n a l i n t e l l e c t u a l c o n c e p t i o n s o f t h e a u t h o r , " 1 1 1 U . S . , a t 5 8 , a n d s t r e s s e d t h e i m p o r t a n c e o f r e q u i r i n g a n a u t h o r w h o a c c u s e s a n o t h e r o f i n f r i n g e m e n t t o p r o v e " t h e e x i s t e n c e o f t h o s e f a c t s o f o r i g i n a l i t y , o f i n t e l l e c t u a l p r o d u c t i o n , o f t h o u g h t , a n d c o n c e p t i o n . " I d . , a t 5 9 - 6 0 .

      In Burrow-Giles the court defined authors, in a constitutional sense, to mean "he to whom anything owes its origin, originator, maker" and emphasized the creative component of originality.

    4. I n T h e T r a d e - M a r k C a s e s , t h e C o u r t a d d r e s s e d t h e c o n s t i t u t i o n a l s c o p e o f " w r i t i n g s . " F o r a p a r t i c u l a r w o r k t o b e c l a s s i f i e d " u n d e r t h e h e a d o f w r i t i n g s o f a u t h o r s , " t h e C o u r t d e t e r m i n e d , " o r i g i n a l i t y i s r e q u i r e d . " 1 0 0 U . S . , a t 9 4 . T h e C o u r t e x p l a i n e d t h a t o r i g i n a l i t y r e q u i r e s i n d e p e n d e n t c r e a t i o n p l u s a m o d i c u m o f c r e a t i v i t y : " [ W ] h i l e t h e w o r d w r i t i n g s m a y b e l i b e r a l l y c o n s t r u e d , a s i t h a s b e e n , t o i n c l u d e o r i g i n a l d e s i g n s f o r e n g r a v i n g , p r i n t s , & c . , i t i s o n l y s u c h a s a r e o r i g i n a l , a n d a r e f o u n d e d i n t h e c r e a t i v e p o w e r s o f t h e m i n d . T h e w r i t i n g s w h i c h a r e t o b e p r o t e c t e d a r e t h e f r u i t s o f i n t e l l e c t u a l l a b o r , e m b o d i e d i n t h e f o r m o f b o o k s , p r i n t s , e n g r a v i n g s , a n d t h e l i k e . " I b i d . ( e m p h a s i s i n o r i g i n a l ) .

      In The Trade-Mark Cases the Court addressed the constitutional scope of writings saying for a particular work to be classified "under the head of writings of authors," the Court determined, "originality is required"; independent creation plus a modicum of creativity.

    5. O r i g i n a l i t y i s a c o n s t i t u t i o n a l r e q u i r e m e n t . T h e s o u r c e o f C o n g r e s s ' p o w e r t o e n a c t c o p y r i g h t l a w s i s A r t i c l e I , § 8 , c l . 8 , o f t h e C o n s t i t u t i o n , w h i c h a u t h o r i z e s C o n g r e s s t o " s e c u r [ e ] f o r l i m i t e d T i m e s t o A u t h o r s . . . t h e e x c l u s i v e R i g h t t o t h e i r r e s p e c t i v e W r i t i n g s . " I n t w o d e c i s i o n s f r o m t h e l a t e 1 9 t h c e n t u r y — T h e T r a d e - M a r k C a s e s , 1 0 0 U . S . 8 2 ( 1 8 7 9 ) ; a n d B u r r o w - G i l e s L i t h o g r a p h i c C o . v . S a r o n y , 1 1 1 U . S . 5 3 ( 1 8 8 4 ) — t h i s C o u r t d e f i n e d t h e c r u c i a l t e r m s " a u t h o r s " a n d " w r i t i n g s . " I n s o d o i n g , t h e C o u r t m a d e i t u n m i s t a k a b l y c l e a r t h a t t h e s e t e r m s p r e s u p p o s e a d e g r e e o f o r i g i n a l i t y .

      This Court defined the crucial terms authors and writings.

    6. T h e k e y t o r e s o l v i n g t h e t e n s i o n l i e s i n u n d e r s t a n d i n g w h y f a c t s a r e n o t c o p y r i g h t a b l e . T h e s i n e q u a n o n o f c o p y r i g h t i s o r i g i n a l i t y . T o q u a l i f y f o r c o p y r i g h t p r o t e c t i o n , a w o r k m u s t b e o r i g i n a l t o t h e a u t h o r . S e e H a r p e r & R o w , s u p r a , a t 5 4 7 - 5 4 9 . O r i g i n a l , a s t h e t e r m i s u s e d i n c o p y r i g h t , m e a n s o n l y t h a t t h e w o r k w a s i n d e p e n d e n t l y c r e a t e d b y t h e a u t h o r ( a s o p p o s e d t o c o p i e d f r o m o t h e r w o r k s ) , a n d t h a t i t p o s s e s s e s a t l e a s t s o m e m i n i m a l d e g r e e o f c r e a t i v i t y . 1 M . N i m m e r & D . N i m m e r , C o p y r i g h t § § 2 . 0 1 [ A ] , [ B ] ( 1 9 9 0 ) ( h e r e i n a f t e r N i m m e r ) . T o b e s u r e , t h e r e q u i s i t e l e v e l o f c r e a t i v i t y i s e x t r e m e l y l o w ; e v e n a s l i g h t a m o u n t w i l l s u f f i c e . T h e v a s t m a j o r i t y o f w o r k s m a k e t h e g r a d e q u i t e e a s i l y , a s t h e y p o s s e s s s o m e c r e a t i v e s p a r k , " n o m a t t e r h o w c r u d e , h u m b l e o r o b v i o u s " i t m i g h t b e . I d . , § 1 . 0 8 [ C ] [ 1 ] .

      The sine qua non of copyright is originality.

  8. Jan 2014
    1. In addition, the results imply that there is a lack of awareness about the importance of metadata among the scientific community –at least in practice– which is a serious problem as their involvement is quite crucial in dealing with problems regarding data management.

      Is there any reasonable agreement about what the term metadata means or includes? For example, how important is the unit of measure to scientists (feet vs meters) and is that information considered metadata or simply an implied part inherent in the data itself?

    1. The Data Life Cycle: An Overview The data life cycle has eight components: Plan : description of the data that will be compiled, and how the data will be managed and made accessible throughout its lifetime Collect : observations are made either by hand or with sensors or other instruments and the data are placed a into digital form Assure : the quality of the data are assured through checks and inspections Describe : data are accurately and thoroughly described using the appropriate metadata standards Preserve : data are submitted to an appropriate long-term archive (i.e. data center ) Discover : potentially useful data are located and obtained, along with the relevant information about the data ( metadata ) Integrate : data from disparate sources are combined to form one homogeneous set of data that can be readily analyzed Analyze : data are analyzed

      The lifecycle according to who? This 8-component description is from the point of view of only the people who obsessively think about this "problem".

      Ask a researcher and I think you'll hear that lifecycle means something like:

      collect -> analyze -> publish
      

      or a more complex data management plan might be:

      ask someone -> receive data in email -> analyze -> cite -> publish -> tenure
      

      To most people lifecycle means "while I am using the data" and archiving means "my storage guy makes backups occasionally".

      Asking people to be aware of the whole cycle outlined here is a non-starter, but I think there is another approach to achieve what we want... dramatic pause [to be continued]

      What parts of this cycle should the individual be responsible for vs which parts are places where help is needed from the institution?

    2. An effective data management program would enable a user 20 years or longer in the future to discover , access , understand, and use particular data [ 3 ]. This primer summarizes the elements of a data management program that would satisfy this 20-year rule and are necessary to prevent data entropy .

      Who cares most about the 20-year rule? This is an ideal that appeals to some, but in practice even the most zealous adherents can't picture what this looks like in some concrete way-- except in the most traditional ways: physical paper journals in libraries are tangible examples of the 20-year rule.

      Until we have a digital equivalent for data I don't blame people looking for tenure or jobs for not caring about this ideal if we can't provide a clear picture of how to achieve this widely at an institutional level. For digital materials I think the picture people have in their minds is of tape backup. Maybe this is generational? New generations not exposed widely to cassette tapes, DVDs, and other physical media that "old people" remember, only then will it be possible to have a new ideal that people can see in their minds-eye.

    3. A key component of data management is the comprehensive description of the data and contextual information that future researchers need to understand and use the data. This description is particularly important because the natural tendency is for the information content of a data set or database to undergo entropy over time (i.e. data entropy ), ultimately becoming meaningless to scientists and others [ 2 ].

      I agree with the key component mentioned here, but I feel the term data entropy is an unhelpful crutch.

    4. data entropy Normal degradation in information content associated with data and metadata over time (paraphrased from [ 2 ]).

      I'm not sure what this really means and I don't think data entropy is a helpful term. Poor practices certainly lead to disorganized collections of data, but I think this notion comes from a time when people were very concerned about degradation of physical media on which data is stored. That is, of course, still a concern, but I think the term data entropy really lends itself as an excuse for people who don't use good practices to manage data and is a cover for the real problem which is a kind of data illiteracy in much the same way we also face computational illiteracy widely in the sciences. Managing data really is hard, but let's not mask it with fanciful notions like data entropy.

    1. When a law student briefs a case, he typically identifies several pieces of information: the parties, the procedural posture, the facts, the issue , the h olding, and the analysis. Although it seems foreign at first, identifying this information, understanding judicial opinions , and applying their reasoning to new cases becomes much easier with practice.

      The legal brief described here is a student brief, not to be confused with an appellate brief; the distinction is described in more detail in How To Brief a Case.

    2. the judge will state the legal issue(s) involved, her decision about the issue s (the holding) , and her reasoning.

      the holding is a part of a judicial opinion that states the decision about the legal issues involved in a case.

    3. The opinion will also typically give the name of the judge or justice who wrote it. In some cases, judges sitting together will decide not to reveal wh o wrote an opinion. In that situation, it will say p e r c u r i a m /DWLQIRU³E\WKHFRXUW ́ ) i QSODFHRIDMXGJH¶VQDPH

      The garbled text quoted here should be:

      it will say per curiam (Latin for "by the court") in place of a judge's name.

    1. Student brief A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts. Although student briefs always include the same items of information, the form in which these items are set out can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to ensure that the form you have chosen is acceptable.
    2. Appellate brief An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only. Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case. Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
    3. Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is used.

      Two different sense of the term legal brief are described here: appellate brief and student brief.