Introduction

Format for today's session

Handouts

Overview of students with learning disabilities in higher

education

Classroom Strategies

Providing context and Structure

Using a Multi-Sensory Approach

Using Graphic Organizers and Visual Aids

Helping Develop Memory Strategies

providing Alternative Study and Assessment Techniques

Collaborative Exercise

Wrap-Up

Current Federal Definition

"Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations. The term includes such conditions as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include children who have learning problems which are primarily the result of visual, hearing, or motor handicaps, of mental retardation, or emotional disturbance, or of environmental, cultural, or economic disadvantage. (U.S. Office of Education, 1977)

Proposed National Joint Council on Learning Disabilities Definition

Learning disabilities is a general term that refers to a heterogeneous group of disorders manifested by significant difficulties in the acquisition and use of listening, speaking, reading, writing, reasoning, or mathematical abilities. These disorders are intrinsic to the individual, presumed to be due to central nervous system dysfunction, and may occur across the life span. Problems in self-regulatory behaviors, social perception, and social interaction may exist with learning disabilities but do not by themselves constitute a learning disability. Although learning disabilities may occur concomitantly with other handicapping conditions (for example, sensory impairment, mental retardation, serious emotional disturbance) or with extrinsic influences (such as cultural differences, insufficient, or inappropriate instruction) they are not the result of those conditions or influences. (Hammill, 1990b)

LDdef.doc

Symptoms of ADHD Subtypes

I. ADHD/Inattentive Type: At least six of the following symptoms of inattention must have persisted for at least six months to a degree that is maladaptive and inconsistent with developmental level.

(1) often fails to give close attention to details or makes careless mistakes in schoolwork, work, or other activities

(2) often has difficulty sustaining attention in tasks or play activities

(3) of ten does not seem to listen to what is being said to him or her

(4) often does not follow through on instruction and fails to finish schoolwork, chores, or duties in the workplace (not due to oppositional behavior or failure to understand instructions)

(5) often has difficulties organizing tasks and activities

(6) often avoids or strongly dislikes tasks (such as

schoolwork or homework) that require sustained mental effort (7) of ten loses things necessary f or tasks or activities (e.g., school assignments, pencils, books, tools, or toys)

(8) is often easily distracted by extraneous stimuli

ii. ADHD/Hyperactive-Impulsive Type: At least four of the following symptoms of hyperactivity-impulsivity must have persisted for at least six months to a degree that is maladaptive and inconsistent with developmental level:

Hyperactivity

(1) often fidgets with hands or feet or squirms in seat

(2) leaves seat in classroom or in other situations in which remaining seated is expected

(3) often runs about or climbs excessively in situations where it is inappropriate (in adolescents or adults, may be limited to subjective feelings of restlessness)

(4) often has difficulty planning or engaging in leisure activities quietly

Impulsivity

(1) often blurts out answers to questions before the questions have been completed

(2) often has difficulty waiting in lines or awaiting turn in games or group situations

III. ADHD/Combined Subtype: If criteria for both of the other two subtypes are met for at least the past six months, the child may be diagnosed as ADHD, Combined type.

Adapted from Diagnostic and Statistical Manual of Mental Disorders [4th ed.], by American Psychiatric Association, 1994.

Processing Difficulties

Over-sensitivity to visual or auditory stimuli

Discrepancy between reading and listening comprehension

Visual or auditory discrimination and sequencing problems

Inconsistent spelling and/or poor handwriting

Attention Deficits

Difficulty with selective attention; impulsive

Difficulty planning time and organizing work

Memory Deficits

Difficulty memorizing names, facts, sequences and rules

Emotional Behavioral Issues

High co-morbidity with emotional, drug and alcohol problems * Low self-esteem

Test anxiety or tension under pressure

Providing context and structure
Helps students see the larger picture
Assists with organizing and sequencing
Using a multi-sensory approach
Compensates for auditory or visual processing problems
Improves selective attention
Using graphic organizers and visual aids
Helps students select and prioritize key concepts
Helps students organize and sequence information
Helping students learn memory strategies
Improves students' ability to retrieve important names,
words, sequences and concepts
Providing alternative study and assessment strategies
Evens out the opportunities for students with different

Use syllabus to provide framework for the course

Establish accessibility

Clearly defined objectives/coverage

Overview of overarching themes

Explicit expectations and criteria for evaluation

Choose text-books carefully

Good organization; useful headings and sub-headings

Have books available early

Permits students to order taped texts, if needed

Begin each class with overview

Provide context and anchors to past learning

Give preview of next class and upcoming assignments

Build review and repetition into the course

Provide study guides

Give assignments both orally and in writing

Read out loud what is being written on board and overheads

Provide handouts of important materials

Make sure handouts are clear and readable

Seat students with LD and physical disabilities in prime

visual/auditory seats

Audio-tape class notes and make them available to students

Bring in videos, photographs and other visual aids

Let students put together a skit illustrating a case or topic

Vary class format (lecture, discussion, mock argument, collaborative exercise)

Northeastern University School of Law does not discriminate against qualified students with disabilities. Both my office and our assigned classroom are accessible to wheelchairs and students with other physical disabilities. It is our desire to provide reasonable accommodations for all students with disabilities, including leaning disabilities. If you think you would benefit from accommodations such as modified courseload, exam modifications, auxiliary services (such as interpreters, transcribers, etc.) or other accommodations, please contact the Associate Dean for Student Services in 59 Cargill. Although you are not required to disclose a disability, I would appreciate hearing from anyone in this class who has a disability or any other situation or problem now or during the course which might require some special accommodations, such as special seating, testing, or other accommodations. You may see me after class or during office hours, or call to arrange an appointment.

This course examines the legal protections available to the creators of original works in all mediums of expression (including visual art, writing, music, performance arts, architectural works, computer software and multi-media works). Although we will begin with a brief history of copyright law, including Constitutional and common law sources of authority, the primary focus of the course will be the analysis of modem federal statutory law and its case law interpretation. By the time this course is completed, you should understand the nature of copyright law and how the statute and cases balance the tension between competing polices of encouraging the creation of original works for the public benefit, rewarding authors for their contributions to society, and minimizing the detrimental effects of creating a limited monopoly on the expression of ideas.

Assignments:

(1) Class participation: During the first week of class, you will be assigned to be a member of a team which will be assigned one class period during which it will be held responsible for answering questions in class, including recitation of facts, holding, analysis and underlying policy considerations of the assigned cases. Students who are not members of the team may also be asked to volunteer to answer questions.

(2) Research paper due November 7, 1996. At the end of September, a take-home research paper will be handed out. This paper will require you to do library research to answer a short hypothetical on copyrightable subject matter. Two model research memos are available on reserve in the library. More specific instructions will be handed out with the hypothetical.

(3) Collaborative Project: During the second month of classes, you will be divided into teams of four to work on collaborative projects. Your assignment will be to prepare a mock oral argument on an assigned hypothetical case that will be handed out to each team. Other members of the class will be assigned to play the role of judges; they may ask you questions to clarify your arguments. More specific instructions will be handed out with the hypotheticals.

(4) Final Examination, December 12, 1996. This will be a three hour in-class examination. You may bring your assigned text books and any outlines that you have prepared, but no commercial outlines or study aids. The exam will consist of three parts: 25 multiple choice, 5 short essay questions similar to the in-class hypotheticals; and one long hypothetical fact pattern to test your ability to spot issues and apply the law to specific facts.

Evaluation/Grading:

Class participation on assigned dates 10%

Research Paper 20%
Thoroughness of research 5%
Synthesis of authorities 5%
Organization of ideas 5%
Clarity of expression 5%

Collaborative Project 20%
Adequacy of Preparation 5%
Organization of presentation 5%
Application of legal standards 5%
Oral expression skills 5%

Final Examination 50%
Multiple choice 20%
Short essay 30%
Hypothetical 50 copsyll.doc

CONTEXT

Sources of Law

Constitutional

Historical

Statutory

Underlying Policies

Public Benefit

Reward to Authors

Balancing Test

Overview of Copyright

Infringement

Elements of PFC

Ownership of

valid copyright

Copying

Substantial Similarity

Defenses

Exemptions/

compulsory licenses

Fair use privilege

Professor Laurie Morin Office: 63 Cargill

Phone: 373-3960

Office Hours: Monday and Wednesday, 12:00-2:00 or by appointment.

Please sign up on the sheet outside my office door or call my office to sign up for a convenient time.

Accessibility: Northeastern University School of Law does not discriminate against qualified students with disabilities. Both my office and our assigned classroom are accessible to wheelchairs and students with other physical disabilities. . It is our desire to provide reasonable accommodations for all students with disabilities, including learning disabilities. If you think you would benefit from accommodations such as modified courseload, exam modifications., auxiliary services (such as interpreters, transcribers, etc.), or other accommodations, please contact the Associate Dean for Student Services in 59 Cargill. Although you are not required to disclose a disability, I would appreciate hearing from anyone in this class who has a disability or any other situation or problem now or during the course which might require some special accommodations, such as special seating, testing, or other accommodations. You may see me after class or during office hours, or call to arrange an appointment to discuss your situation.

Course Overview:

This course examines the legal protections available to the creators of original works in all mediums of expression (including visual art, writing, music, performance arts, architectural works, copyright software and multi-media works). Although we will begin with a brief history of copyright law, including constitutional and common law sources of authority, the primary focus of the course will be the analysis of modern federal statutory law and its case law interpretation. By the time this course is completed, you should understand the nature of copyright law and how the statute and cases balance the tension between competing policies of encouraging the creation of original works for the public benefit, rewarding authors for their contributions to society, and minimizing the detrimental effects of creating a limited monopoly on the expression of ideas.

Text: Robert A. Gorman and Jane C. Ginsburg, Copyright for the Nineties: Cases and Materials (Fourth Edition), The Michie Company 1993; and 1996 Cumulative Supplement and Statutory Appendix.

Books will be available at the NUSL bookstore and on reserve in the Library six weeks prior to the start of the course. Syllabi and handouts are available from my faculty secretary, Jacqui Jones in 67 Cargill. If you need materials on tape or disk, please contact the Associate Dean for Student Services in 59 Cargill at least six weeks prior to the start of the course.

FAIR USE PRIVILEGE

Statutory Definition

Four Factors

Policy considerations

Application

Rogers v. Koons

Facts

Issues in Dispute

Fair Use Analysis

parout.doc

Jeff Koons, "String of Puppies," 1988, Polychromed wood,

Participatory Outlines

Semantic Mapping

Flow Charts

Diagrammatic Overviews

Study Guides

Questions to be Answered

Directed Previewing

copyrightable? If no,
no PFC
If yes

copyright owner? If no,
no PFC
If yes

valid copyright? If no,
no PFC

If yes, burden shifts
to defendant

Help students find anchors and hooks to connect new
information to their own knowledge and experience
Mnemonic devices
Keyword mnemonics
First letter mnemonics
Clustering/chunking
Categorization of information into chunks
- Maximum of 7 units, e.g. phone numbers
Pegword method
Example: One is a bun, two is a shoe
Rote rehearsal
Repetition improves retention; e.g., flash cards
Least effective method of memorization

PFC for Copyright Mnemonic Device
Infringement

Ownership of valid

copyright O One
Copying C can
Substantial similarity S sue
Defenses But not
Exemptions E expect
Fair use limitation . F fortune

Allow students to demonstrate competencies through a

combination of assignments

Oral participation

Group projects/collaborations

Written take-home papers

Exam with multiple formats

Provide frequent feedback

Use a variety of formats

Give clear written and oral instructions

Provide alternative samples for assignments

Specify your evaluation criteria

Class participation on assigned dates 10%
Preparation (5%)
Oral communication skills (5%)
Research paper 20%
Thoroughness of research (5%)
Organization of ideas (5%)
Synthesis and analysis (5%)
Clarity of expression (5%)
Collaborative project 20%
Final Examination 50%
Multiple choice (20%)
Short essay (30%)
Hypothetical (50%)

SELECTED BIBLIOGRAPHY OF RESOURCES ON LEARNING DISABILITIES

LEARNING DISABILITIES IN LAW SCHOOLS

Gallet, "The Judge Who Could Not Tell His Right From His Left and other Tales of Learning Disabilities," 37 Buffalo Law Review 739 (1989).

Runyan, M.K. and Smith, Jr., J.F., "Identifying and Accommodating Learning Disabled Law School Students," 41 J. Legal Educ. 317 (1991).

GENERAL DISABILITIES IN LAW SCHOOLS

Report of the Special Committee on Disability Issues for the Association of American Law Schools (November 1, 1990)

Test Takers with Disabilities: A Summary of Data from Special Administrations of the LSAT (Law School Admissions Council Research Report 93-03, December 1993)

Engel, D.M. and Konefsky, A.S., "Law Students with Disabilities: Removing Barriers in the Law School Community," 38 Buffalo Law Review 551 (1990).

Gerber, "State Bar Examinations and Handicapped Law Applicants: An Analysis of Current Practices," November 1986 Bar Examiner 4.

LEARNING DISABILITIES IN POSTSECONDARY/PROFESSIONAL INSTITUTIONS

McCusker, C., "The Americans with Disabilities Act: Its Potential for Expanding the Scope of Reasonable Academic Accommodations," 21 Journal of College and University Law 619 (1995).

Price, L., "Effective Counseling Techniques for LD Adolescents and Adults in Secondary and Postsecondary Settings," 6 Journal of Postsecondary Education and Disability 7 (Summer 1988).

Journal of Postsecondary Education and Disability (Association on Higher Education and Disability) is an excellent general resource. See,, e.g., "Special Issue on Attention Deficit Disorder (ADD)," Volume 11, Numbers 2 & 3 (Spring/Fall 1995); "Special Issue on Learning Disabilities: The Challenges of Adulthood," Volume 25, Number 7, August/September, 1992).

Postsecondary LD Network News (The University of Connecticut Special Education Center) is another excellent resource. See, e.g. , Byron, J. and Owen, B., "Metacognitive Training: Bridging the Gap between Content and Learning Strategies" (Winter 1990).

Testing Accommodations for Persons with Disabilities: A Guide for Licensure, Certification, and Credentialing (AHEAD 1992).

GENERAL INFORMATION ON LEARNING DISABILITIES

Adelman, Howard S. and Taylor, L. Learning Problems & Learning Disabilities, Brooks/Cole 1994.

Bender, W. , Learning Disabilities: Characteristics, Identification, and Teaching Strategies (Second Edition), Allyn and Bacon 1995.

Buzzell, J.B. and Piazza, R. Case Studies for Teaching Special Needs and At-Risk Students, Delmar 1994.

Ellis, E., Deshler, D., Lenz, B.K., Schumaker, J. and Clark, F.L., "An instructional model for teaching learning strategies," Focus on Exceptional Children, February, 23(6), 1-24.

RESOURCES FOR STUDENTS:

Kelly, K. and Ramundo, P., You Mean I'm Not Lazy. Stupid or Crazy?!: A Self-Help Book for Adults with Attention Deficit Disorder (1993).

Gerber, P. J. and Reif f , H. B. , Speaking f or Themselves: Ethnographic Interviews with Adults with Learning Disabilities (Ann Arbor, MI: university of Michigan Press 1991).

Hayes, M., You Don't Outgrow It: Living with Learning Disabilities (1993).

Lee, C. and Jackson, R. , Faking It: A Look into the Mind of a Creative Learner (1992).

Weiss, L. , Attention Deficit Disorder in Adults: Practical Help for Sufferers and Their Spouses (1992).

OTHER RESOURCES:

AHEAD (Association on Higher Education and Disability) is a professional membership organization which publishes the Journal of Postsecondary Education and Disability, hosts an annual national conference and acts as a clearinghouse for information and publications on disability issues. It is located at P.O. Box 21192, Columbus, OH 43221-0192. Voice/TDD: (614)488-4972. Fax: (614)488-1174.

HEATH Resource Center (Higher Education and Adult Training for people with Handicaps), a program of the American Council on Education, operates a national clearinghouse on postsecondary education for individuals with handicaps. It is located at One Dupont Circle, Suite 800, Washington, D.C. 20036-1193. Telephone: (202)939-9320. Voice/TDD: (800)544-3284.

Laurie A. Morin, 1996 disbib.doc

We will divide into 5 groups

Each person in the group should choose a specific role:

The discussion facilitator should set an agenda

The timekeeper should ensure the group stays on task

The note-taker should record the group's ideas

The preparer should design the group's visual aid

The presenter will report back on the group's process and share the group I s visual aid

Groups will meet for 15 minutes to work on one of the following tasks:

1. Using the statutory definition of fair use in your handout, create a mnemonic device to help students memorize the four statutory fair use factors.

2. Create a graphic organizer or visual aid to illustrate the court's analysis of the first fair use factor in Rogers v. Koons (pp. 309-310).

3. Create a graphic organizer or visual aid to illustrate the court's analysis of the second fair use factor in Rogers v. Koons (page 310).

4. Create a graphic organizer or visual aid to illustrate the court's analysis of the third fair use factor in Rogers v. Koons (pp. 310-311).

Create a graphic organizer or visual aid to illustrate the court's analysis of the fourth fair use factor in Rogers v. Koons (pp. 311-312).

TITLE 17 - COPYRIGHTS

CHAPTER SEC.
1. SUBJECT MATTER AND SCOPE OF COPYRIGHT.................................. 101
2. COPYRIGHT OWNERSHIP AND TRANSFER........................................... 201
3. DURATION OF COPYRIGHT.................................................................... 301
4. COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION........................ 401
5. COPYRIGHT INFRINGEMENT AND REMEDIES...................................... 501
6. MANUFACTURING REQUIREMENTS AND IMPORTATION.................. 601
7. COPYRIGHT OFFICE................................................................................. 70t
8. COPYRIGHT ARBITRATION ROYALTY PANELS.................................. 801
9. PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS....................... 901
10. DIGITAL AUDIO RECORDING DEVICES AND MEDIA........................ 1001
11. SOUND RECORDINGS AND MUSIC VIDEOS...................................... 1101

§ 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting,, teaching, (including, multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining, whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the

copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

See

ROGERS v. KOONS

Cite as 960 F.2d 301 (2nd Cir. 1992)