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Jaar 2019 x
Article

Access_open Text and Data Mining in the EU ‘Acquis Communautaire’ Tinkering with TDM & Digital Legal Deposit

Tijdschrift Erasmus Law Review, Aflevering 2 2019
Trefwoorden Web harvesting, data analysis, text & data mining, TDM, computational text
Auteurs Maria Bottis, Marinos Papadopoulos, Christos Zampakolas e.a.
SamenvattingAuteursinformatie

    Text and Data Mining (hereinafter, TDM) issue for the purpose of scientific research or for any other purpose which is included in the provisions of the new EU Directive on Copyright in the Digital Single Market (hereinafter, DSM). TDM is a term that includes Web harvesting and Web Archiving activities. Web harvesting and archiving pertains to the processes of collecting from the web and archiving of works that reside on the Web. In the following analysis we will elaborate briefly upon provisions in EU Copyright law which were discussed during the proposal for a new Directive on Copyright in the DSM as well as provisions which are included in the text of art.3 and art.4 of the new Directive 2019/790/EU per TDM. In addition, the following analysis presents legislation in very few EU Member States which pertains to TDM and preceded the rulings of Directive 2019/790/EU. Digital legal deposit remarkable examples from EU Member States are also presented in this paper. The example of Australia is also presented below hereto because it is one of the oldest and most successful worldwide. The National Library of Australia’s digital legal deposit is state-of-the-art.


Maria Bottis
Associate Professor, Department of Archives, Library Science and Museology, Ionian University, Corfu, Greece.

Marinos Papadopoulos
Attorney-at-Law, PhD, MSc, JD, Independent Researcher, Athens, Greece.

Christos Zampakolas
Archivist/Librarian, PhD, MA, BA, Independent Researcher, Ioannina, Greece.

Paraskevi Ganatsiou
Educator, MA, BA, Coordinator of Educational Projects in the Prefecture of Ionian Islands, Corfu, Greece.

    In legal education, criticism is conceived as an academic activity. As lecturers, we expect from students more than just the expression of their opinion; they have to evaluate and criticize a certain practice, building on a sound argumentation and provide suggestions on how to improve this practice. Criticism not only entails a negative judgment but is also constructive since it aims at changing the current state of affairs that it rejects (for some reason or other). In this article, we want to show how we train critical writing in the legal skills course for first-year law students (Juridische vaardigheden) at Vrije Universiteit Amsterdam. We start with a general characterization of the skill of critical writing on the basis of four questions: 1. Why should we train critical writing? 2. What does criticism mean in a legal context? 3. How to carry out legal criticism? and 4. How to derive recommendations from the criticism raised? Subsequently, we discuss, as an illustration to the last two questions, the Dutch Urgenda case, which gave rise to a lively debate in the Netherlands on the role of the judge. Finally, we show how we have applied our general understanding of critical writing to our legal skills course. We describe the didactic approach followed and our experiences with it.


Bart van Klink
Bart van Klink is Professor of Legal Methodology, Department of Legal Theory and History, Faculty of Law, Vrije Universiteit Amsterdam, The Netherlands.

Lyana Francot
Lyana Francot is Associate Professor of Legal Theory, Department of Legal Theory and History, Faculty of Law, Vrije Universiteit Amsterdam, The Netherlands.

    This article builds upon the work of James Boyd White as well as on Shelley’s ‘A defence of Poetry’ (1840) and reports upon an experiment in which students use poetry as a means to understand philosophical texts. The experiment had a double goal: first, I sought to challenge students in reading a philosophical text differently with an aim to better understand the text. The second goal was to challenge students to think about the text differently, more critically and analyse its relevance for the contemporary world. In the end, using imagination, is the claim, contributes to students finding their own ‘voice’.


Bald de Vries
Dr Bald de Vries is lecturer at the Department of Jurisprudence, Constitutional and Administrative Law of the Faculty of Law (JCAL), Utrecht University, Utrecht, The Netherlands, u.devries@uu.nl.
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