Aaron Kirschenfeld

Short thoughts on topics that interest me combined with selected link-sharing. And because having one blog really isn't enough.

#LawRepositories - Breakout - Management of Repositories: Issues and Concerns

I sat at a table discussing...

Staffing Repositories:

Most of the folks at the table had repositories with bepress; one librarian has repository through SSRN.
  • The division between the two is a requirement of an abstract, which of course isn’t a bad idea whether it’s required or not.

Print workflows for technical services / collection services folks have been scaled down with the paring of collections. Work on the repository adds new tasks and skills to the jobs. This would be a distributed model of staffing a repository, with many hands but one head.

Staff work in customizing bepress Digital Commons is limited — will often tell journal students that there are simply some things that can’t be done on the system. Customer support good and absolutely essential at time of set-up.

Promoting repositories (not quite on topic) is a matter of showing the metrics and convincing faculty to participate.

As for grants to hire staff, the only thing that seems to move the needle is digitizing a unique collection.

#LawRepositories - Kyle Courtney & James Heller - Copyright

Kyle Courtney

Federal Law with Constitutional origin
Importance of § 107, § 108, § 109 — Need to be our bread & butter.

Difficult Issues:
  • Identifying the author
  • Lots and lots of § 106 rights in the bundle!
    • Some rights retained by author
    • What counts as an author’s “personal website"
      • Sometimes it can be a repository site
    • Other non-commericial rights
  • The SPARC author addendum

How to Fill a Repository:
  • Faculty grant non-exclusive rights to repository for all future scholarly article
    • § 205(e) - Nonexclusive licenses as written agreement
    • Shifts the default; doesn’t force faculty.
  • Experimenting with different strategies to get faculty involved

James Heller

Very short set of comments and opened to questions:

  • Would receiving a DMCA takedown notice be embarrassing?
  • Developing a “SHERPA/RoMEO" for law journals?
    • There is a wiki — did not catch the name. [Help commenters?]
  • Content license:
    • Does § 108 first-sale apply? No way.
  • Panelists seem to be highly NON risk-averse about the distribution of U.S. law review publications.
  • No such cavalier attitude about professional publishing society.

#LawRepositories - Paul Royster - Keynote - Shaping the Repository


Nebraska-Lincoln - Repository on Digital Commons

The Philosophy of the UNL Repository:
  • Service-first approach
  • Make it easy
  • Immediate feedback to authors
  • Maximum uploading
  • Repository belongs to the faculty / not to the university, or the people… (Interesting.)

11th Amendment Sovereign Immunity?

Tractor Test Reports
  • The unique collection, might be popular.
  • You’ll never know

Royster’s Unvarnished Opinions on Repositories
  1. Do it for them and they will approve
  2. Doesn’t believe in OA for the sake of OA
  3. CC licenses (but not a requirement)
  4. No depository mandate
  5. Control over IP scholars create
  6. It’s a publishing operation

Repository as Platform for Original Publishing
  • Print on demand
  • Free ebooks
  • 33 titles to date from publishing / really about access

Publishing Business Model is Broken:
  • Audience: 25 million U.S. college students and faculty; 3 billion internet uses online
  • Use library publishing as a bulwark against publishers
  • Eventually replace them?
  • Publishers exploit the faculty, bleed the library. We can make them stop.


#Duke4Dean Press

Can’t get enough of #Duke4Dean press coverage? Want to see my name printed an embarrassing number of times?

What was #Duke4Dean? Read the original post.

WRAL Sports Fan

N&O / Charlotte Observer

Greensboro News & Record

ESPN Carolina Blog

Yahoo! Sports


Duke Chronicle

Philly Dot Com

TWC News

New York Times

Daily Tar Hole

College Spun

Honoring Dean Smith

Read about this whole thing in pixelated print!


Hello Duke friends! We’ve actually made it happen. You can buy a #Duke4Dean shirt at this link:
You can read below for the entire story.

Scroll to the bottom for the most recent updates, including news coverage and details on where to get the shirts on gameday.

Original Post: February 9, 2 p.m. EST

I was a Duke Blue Devil mascot for three years during the mid-2000s. I love my school and supporting the many great athletic teams we have at Duke.

But I also truly admire the person and coach Dean Smith was. He was a great competitor and a morally courageous man, and is certainly worthy of having his memory honored.

I had an idea this morning for a way we, as Duke fans, can show our support to the grieving Carolina community. During the Duke-Carolina game at Cameron, as many fans as possible should have a special t-shirt printed (with, presumably, the permission of the University).

On a Duke Blue background, in place of the white block DUKE lettering should be printed DEAN. These will look like the "traditional" fan t-shirts, but will carry our respect for one of our rival's greatest heroes.

In case this blogging platform doesn't support inline images, here is a link to the original "traditional" t-shirt design.
Now, I need your help. Spread the word. Tell the line monitors. Talk to Duke Stores. Call President Brodhead. I can only supply the idea -- my schedule doesn't really permit me the time to engineer this effort!

I really think it would be a kind gesture on our part to honor the legacy of a great man, Dean Smith.

UPDATE: February 10, 7 a.m. EST

It seems that thousands of people have checked out this site! Wow! Thanks, everyone. I really hope we can make this happen.

Check out this article from Duke Basketball Report:
"I hope Duke will do something to honor Smith next week when the Tar Heels come to Cameron."

Also, Twitter user @charlesdroos provides this mock-up:
If the image isn’t visible, here’s a link:

Let’s make this happen! #Duke4Dean

UPDATE: February 11, 7 a.m EST

If anyone is actually undertaking this, here is some information from UNC on where to make donations in Coach Smith’s memory:

"The family has said that in lieu of flowers, individuals should feel free to make a memorial contribution to one of the following organizations:

  • The Inter-Faith Council for Social Service, based in Chapel Hill. The organization lives out Smith’s values of caring for the poor and those in need. For more information, contact The IFC.
  • The Dean E. Smith Opening Doors Fund will support talented undergraduate students who need significant financial assistance to attend Carolina. It will also provide financial support to graduate students in education and social work — two fields close to Smith’s heart. For more information on the fund, contact UNC Development.
  • Individuals may also give to the charity of their choice to honor Coach Smith and the values he exemplified."

There are too many instances of folks contacting me or sharing this idea to mention individually, but many thanks to all of you for supporting this idea. I really hope we can make this happen.

UPDATE: February 12, 9 a.m. EST

Yesterday I received a few more direct inquiries from folks who may be interested in making shirts, but only one seems to have any affiliation with Duke. See @DukePortland.

Also, it was very exciting to be featured on WRAL Sports Fan: Blue Devil starts ‘Duke For Dean’ tribute. Many thanks to Joe Ovies for reaching out.

Because I no longer have any shame, I’ll quote myself from the story to repeat how I feel about this:

"I don't have any interest in directing, controlling, or approving of what anyone does with my idea…. My only interest is that a fitting and respectful tribute to Coach Smith and his legacy is made at Duke."

There you have it. It’s really up to folks at Duke, I think, to figure out if they want to make this happen in any way.

UPDATE: February 17, 9 a.m. EST

The #Duke4Dean idea has been generating a lot of media attention lately, and I’m glad to share some. Luke DeCock of the News & Observer wrote about my collaboration with Thrill City to get this tribute into the tangible realm.

I’m happy for the attention — we’ve managed to raise a sizable sum for the local organization Inter-Faith Council for Social Service, and even if you don’t want to get a t-shirt, consider making a donation. They do great work in our community.

Finally, if you’ve purchased a t-shirt and you’ve designated local pickup, please come to one of two locations on Wednesday: Bull City Craft in Durham (across from the Q-Shack and NanaTaco), where we will be from 1 p.m. - 6 p.m., or from the Thrill City location in Chapel Hill (hours TBD).

We know roughly how many orders we’ve received, but have no idea if *anyone* will actually be wearing one of these t-shirts during the game. Tweet or post to Facebook with the #Duke4Dean hashtag if you’ll be sporting one of these in Cameron.

UPDATE: February 22, 11:30 a.m. EST

We did it! Thumbs up!

Things That Quicken The Heart

"He spoke to me of Sei Shonagon, a lady in waiting to Princess Sadako at the beginning of the 11th century…. [T]he emperor's court had become nothing more than a place of intrigues and intellectual games. But by learning to draw a sort of melancholy comfort from the contemplation of the tiniest things this small group of idlers left a mark on Japanese sensibility much deeper than the mediocre thundering of the politicians. Shonagon had a passion for lists: the list of 'elegant things,' 'distressing things,' or even of 'things not worth doing.' One day she got the idea of drawing up a list of 'things that quicken the heart.' Not a bad criterion I realize…"

KitHead or KnitHead?

As I look to make my most recent transition from student to employee, I would like to take on a hobby. Since so much of my day is spent in front of a computer or reading a book, I want to do something that keeps my hands busy -- devil's workshop and all that -- but that doesn't require much innate talent or mental engagement.

The last time I went from school into the workforce, I tried playing music (the ukulele) and drawing (took a class at the Durham Arts Council). I was working as a writer then and figured, hey, I'm creative, I can do this! Well, I couldn't. I've got a tin ear and fat fingers and never did really understand perspective, or shadow, or anything about drawing... and truth be told, I did skip class a lot because it was at night and I was tired.

Given that I've been in a library and information science program for the past three years, perhaps my decision to give knitting a try was only natural. I have become fascinated by textile fabrics mostly because of the wide variety and rich history of their use, the opportunity to obsess over a new taxonomy, and the not-so-far-fetched chance that I will one day knit an ugly cat sweater. But since this idea first took hold, I've noticed that I'm most intrigued by having a small, familiar collection of knitting paraphernalia -- well-loved knitting needles, a basket, and other odds and ends. Yes, I want to knit, but I also want a knit kit.

There are kits I remember from my childhood, which was not too long ago. Two, in particular, have stuck in my memory -- both were owned and used by my father. First, his shoe-shine kit, which contained special brushes, clothes, shoe-polish tins, shoe trees, and all other sorts of things. (My dad wears Merrell clogs to work now, a decision I'm not sure I'll ever understand.) The other kit was for cleaning his vinyl record collection and turntable, and included a variety of oils, special brushes, and creams of some kind. Both kits smelled wonderful, chemical.

I don't know, maybe it's that these activities -- shoe shining and record cleaning -- seem so antiquated, or perhaps it has something to do with routine maintenance and respect for personal items of value, but the idea of having and using these types of kits, keeping them organized, and so on, really appeals to me. Maybe we've abstracted the idea of a toolkit too quickly or too completely for my taste (at least for the white-collar worker), just as we did with the desktop, which exists virtually as the computer screen plops in the middle of the actual, valuable desk real estate. Supposedly I have a rather robust "toolkit" of skills, and should continue to develop this toolkit professionally. I understand that we need metaphor, or at least have needed it, to make sense of our digital lives at work and at play. But sometimes abstraction is just that.

Hobbies, in part, are a great signal to others about what things are safe to converse about or what things would make appropriate gifts. Shoe-shine kits retail from the most basic to the most Brooklynite. And my small vinyl collection needs some maintaining, though I'll have to reconstruct just how one habitually cares for one's records and turntable, not having received the folk knowledge from my father. Just don't bother getting me a shaving kit -- I won't use it.

Algorithmic Subjectivity

I’ve written about the illusion of algorithmic objectivity, but the topic seems to be in the news again, as I’m seeing versions of the same story pop up in many of my feeds. (Perhaps it’s showing up because of… wait for it… some kind of content filtering algorithm!)

Here’s a sampling:

From Wired Enterprise, excerpted from The Formula: How Algorithms Solve All Our Problems—And Create More, by Luke Dormehl (@lukedormehl):

Ars Technica’s article on the recent Google Anti-SLAPP case in California, and on search algorithms being considered editorial speech, and therefore free speech:

And finally, a Web event happening this afternoon:


One man willingly gave Google his data. See what happened next.

Despite some misgivings about the company’s product course and service permanence (I was an early and fanatical user of Google Wave), my relationship with Google is one of mutual symbiosis.

Court agrees that Google’s search results qualify as free speech

The regulation of Google's search results has come up from time to time over the past decade, and although the idea has gained some traction in Europe (most recently with “right to be forgotten” laws), courts and regulatory bodies in the US have generally agreed that Google's search result