Assistant Professor Monika Prusinowska

Winter term 2014

2/11/2014

Additional Lecture!

Speaker: Professor Thomas Eger

Topic: The Role of Open Access in the Future of Academic Publishing

Friday, 5 Nov 2014 (Wednesday), 4:30-5:30 pm, room 412 Mingfa Building

With the advent of the internet and the spread of new technologies to digitize information

goods at virtually no costs, a new business model for publishing academic works has

been introduced, promising free and unrestricted access to scientific output. This open

access (OA) model has recently been the subject matter of an intense debate over the

future of scholarly publishing. Some first results of an international online survey on

active researchers’ experience with and attitudes towards the “gold” and the “green”

road of open access will be presented within the lecture.

Introduction to Bluebooking

PERIODICAL MATERIALS

1. Citation of particular pages within a law review article:

Author(s), title of article, volume, journal name (no need for

abbreviation), page on which article begins, span of specific

pages cited, year of publication.

REICH, Charles A., The New Property, 73 Yale Law Journal

733, 737-738 (1964).

IF YOU ARE NOT FAMILIAR WITH ABBREVIATIONS -

JUST WRITE FULL NAME!

2. Citation of an entire magazine article or a signed newspaper

article:

Author(s), title of article or headline, name of magazine or

newspaper, cover date of issue or date of article, "at" separate

date from first page of article /page on which article appears.

SAMUELSON, Robert J., A Slow Fix for the banks, NEWSWEEK,

Feb. 18, 1991, at 55.

MYDANS, Seth, Los Angeles Police Chief Removed for 60 Days in

Inquiry on Beating, N.Y. TIMES, Apr. 5, 1991, at A1.

3. Online newspaper article:

MENDELS, Pamela, A Case of Spam and Free Speech at Intel, N.Y.

TIMES (Dec. 11, 1998),

http://www.nytimes.com/library/tech/98/12/cyber/cyberlaw/11

law.html.

INTERNET RESOURCES

Essentially, the Bluebook creates three general formats for

structuring a citation.

(1) citations to the hard-copy print material,

(2) citations that combine the print citation with the electronic

citation using “available at,”and

(3) citations directly to the electronic version.

Generally, if a print version of the source exists (even if the

print version is not the material you’re using), you should find

and cite to the print version.

1. The Bluebook permits citation to the print version, even if the actual

source you are using for your research is an electronic version, in three circumstances:

(1) Exact Copies: if the material posted online is an exact copy of the print material, you could cite to that document as if it were a hard copy print source. A PDF scan would fall within this category.

(2) Authenticated Documents: These are electronic documents that have a certificate or logo indicating that a government entity has verified that the electronic document is complete, unaltered, and comparable to the print version.

(3) Official Versions: Some states now provide that the online version of a particular document is the “official” document.

2.

If you are citing to a print source, but a parallel citation to an online

source would improve access to your reader, add a comma, the

phrase "available at" and then the URL.

HUEFNER, Steven F., TOKAJI Daniel P. & FOLEY, Edward B., From Registration to

Recount: The Election Ecosystems of Five Midwestern States (2007), available at

http://moritzlaw.osu.edu/electionlaw/joyce/index.php (last accessed: 20 Oct 2014)

3.

When citing material that is only available online or when the printed source is so obscure that it is unavailable. Include the following elements:

Author's name

Title (both the item title and the institutional title)

Date of publication (in parentheses)

URL

BAZELON, Emily, In Defense of the New Judicial Activists, Slate (Aug. 9, 2010), http://www.slate.com/id/2263347/.

Primary sources of law

Primary sources of law

Cases, statues, conventions etc.

NEED CITING AS WELL!!!

If you are not sure how you are supposed to describe particular

primary sources of law give at least THE FULL NAME OF

THE SOURCE and the date (of adoption etc.)

Usually there are additional information that can help navigate

the source: number, organ issuing, original language name etc.

– you may add it.

If the source is available online, add the information where it

can be found

Remember about referring to the OFFICIAL SOURCES

Example: Russian Constitution

Text of the Constitution in English - archived from an official website

of the Government of the Russian Federation:

Constitution of the Russian Federation, (Конституция Российской Федерации),

adopted on December 12, 1993, available at:

http://archive.kremlin.ru/eng/articles/ConstIntro01.shtml (last visited Oct. 29, 2014).

When searching for the source, add: “official”.

Examples

Follow the description of the source available in the official source:

Flaminio Costa v ENEL [1964] ECR 585 (6/64).

Commission Regulation (EU) No 655/2013.

Convention on the Recognition and Enforcement of Foreign

Arbitral Awards (New York, 1958).

Council Directive 92/102/EEC of 27 November 1992 on the

identification and registration of animals.

Austria 10 December 1997 Vienna Arbitration proceeding S 2/97

(Barley case), available at:

http://cisgw3.law.pace.edu/cases/971210a3.html.

Bluebook – cases – US

Citations to cases vary depending on the jurisdiction, but fall into a

basic pattern

party 1 v. party 2, volume reporter initial page, page cited (court year)

(parenthetical for extra information).

Szekeres v. Schaeffer, 304 F. Supp. 2d 326 (D. Conn. 2004).

Law reports or reporters are series of books that contain judicial opinions from a

selection of case law decided by courts.

Parentheticals are used to provide a summary or other information beyond the

location of the case, but are not always necessary.

Again, you do not need to use abbreviations if you do not know how

D. Conn. for the United States District Court for the District of Connecticut.

Review of the additional

assignment no. 1

General comments

Functionality – the fact that the legal mechanism/institution does

not exist, does not mean another “tools” plays the same role

Statement followed by explanation “why?”

Comparative research is not only comparision between common

law system and civil law system

Legal uncertainity: problems that still have not been addressed

Lack of regulation? New legal question

Lack of definitions?

Ambigous terms?

New factual twist – not solved situation

Social, economical problem?

Needs for unification?

QUESTION ANSWER

Is there a problem? Why do we ask the questions?

Be more specific

- What does not work? Specifically? Can you present some cases

illustrating the problem?

What problems are we talking about?

Precision - “Some”, “many”, “big” problems – avoid ambiguity

Common vs. Civil system - The only relevance for the comparison? Not always

- Functionality

Referencing:

Use of footnotes!

Referencing

Referencing

Direct quotation / paraphrasing?

Commonly discussed topics

Contexts beyond law

Research question lacking

Examples

…continuation

Additional assignment no. 2

Prepare a 7 minutes oral presentation on one of the topics listed.

Please support your presentation with the Power Point slides. The maximum amount

of slides is limited to 10 (+ one slide for the topic introduction). The amount of the

words on one slide can not exceed 50.

—When presenting you can use some notes but you can not read.

There are 31 topics in total. In order to select one please inform Assistant Professor

Monika Prusinowska via email (prusinowska.monika_cesl@cupl.edu.cn or

mprusinowska3@wp.pl) or personally (CESL building room 404).

—One topic can be selected by one person only within each day-group and there is a

first-mover advantage rule.

There are three sessions for the assignment no 2. Students are divided into 3 groups

and they will present their topics on November 24th, 25th and 27th

What makes a good presentation?

Few tips:

— Think who your audience is.

— Try to sound spontaneous and comfortable.

— Deliver your message in a clear and organized way.

PRACTICE your speech at least once before you present it.

— Try recording yourself.

— Pause naturally.

— Do not memorize a paper!

— DON’T READ!

— Prepare outline with main points, rather than a script.

— Develop your introduction and conclusion.

— Use enumeration (i.e., First I would like to discuss....

Next…)

— Do not be afraid of silence!

— If your hands shake, hold some small object.

Good start: Introduction

The introduction should capture the audience’s attention

and warm you up.

Tell a story / a case

Read a quote

Ask a question

Logistics

If you’re going to use any kind of equipment, make sure that

everything is working before you start your presentation.

Try to anticipate what problems might arise, and how to

solve them:

“What will I do if the computer crashes?”

“What will I do if the person who speaks before me takes up too

much time, and I have to shorten my speech?”

Consider the time issue!

Visual aids

POWER POINT PRESENTATION: Keep it simple!

It is important to inform your audience for what they

are going to see:

Let's look at the current distribution of the market, as you can

see...

I'm going to show you now the most recent figures available...

— My next slide concerns the method by which...

— Handouts

Questions

Answer questions after the presentation to the best of your ability.

If you do not know the answer to a question, do not make up an

answer. Instead, better admit that you do not know the answer and

offer to look up the information for the person who asked.

Body language

Eye contact, facial expressions, posture, movements, gestures

THANK YOU!