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Nayyer, Kim P.

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A selection of papers, articles, and presentations, including prior work, on topics of interest to legal profession, legal education, and law library communities.

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    Prince, Hachette, AI & The Changing World of Copyright
    Nayyer, Kim (AALL Spectrum, 2023-07)
    The current pace and scope of activity in copyright arenas is dizzying. In the U.S., as well as globally, much has happened or is in the midst of happening with potential impact in areas important to libraries, such as controlled digital lending (CDL) and artificial intelligence (AI). Whether invested in copyright issues or not, law librarians are being tested in their efforts to keep abreast of legislative and jurisprudential developments while also following relevant advocacy and innovations that push the already porous boundaries of copyright law and practice. The goal of this article is to offer a brief summary on select recent U.S. and global copyright developments and activities of interest to libraries.
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    Ethical Implications of Implicit Bias in AI: Impact for Academic Libraries
    Nayyer, Kim; Rodriguez, Marcelo (Chicago: ACRL, 2022)
    Academic libraries are exploring artificial intelligence (AI) applications that have the potential to create new or improved user experiences, streamline ways of working, and deliver new insights to their activities. Nevertheless, it is now clear that AI applications are not neutral technological solutions. They can embed and magnify prejudices and stereotypes, and they can perpetuate errors and limitations in training and accumulated datasets. At the same time, academic libraries abide by ethical considerations of social responsibility. If datasets and algorithmic black boxes in AI systems replicate or aggravate inappropriate discrimination in their use of information, or if they simply lack or ignore data, they can produce distorted outcomes. The ethical implications for academic libraries and end-users can be profound. This chapter examines these issues, illustrates problematic outcomes, and identifies both the need for caution and some paths to the ethical use of AI applications in academic libraries. After a general exploration of the essence of machine learning (ML), this chapter explains what implicit bias is, how it enters ML applications, and why the problem is insidious and challenging. The authors present an illustrative review of the ethical foundations of the work of academic libraries and draw analogies to other professional interfaces with AI and implicit bias. Possible scenarios of ethically problematic outcomes in academic libraries are explored.
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    Researching Canadian Law
    Nayyer, Kim; Tjaden, Ted (GlobaLex, 2019-02)
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    Digital Fluencies and A2J in Academic, Professional, and Community Legal Writing
    Nayyer, Kim (University of Victoria, 2016-07-12)
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    Book Review: Startup Law 101: A Practical Guide
    Nayyer, Kim (Canadian Association of Law Libraries, 2019-06-27)
    An entrepreneur generates an idea for the next successful venture. But what happens next? This highly practical book aims to give the guidance an entrepreneur needs to bring inspiration to action. It offers insights and practical exposition of considerations, from business form and funding of the venture through to its operation. Startup Law 101 is neither an academic treatise nor a reference book. Rather, it is akin to a user’s manual for the entrepreneur, designed to help the would-be founder identify and address key steps, considerations, and options for establishing the venture. The preface expresses the goal of the book well: the high-risk tolerance considered typical of startup founders does not discharge the persistent legal issues that could, if unrecognized or unaddressed, become barriers to either the success of the venture or the preservation of investors’ financial stake in it.
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    Statutory Review of the Copyright Act, Brief 2:Primary Law
    Nayyer, Kim (Canadian Association of Law Libraries, 2018-12-10)
    This is the second of two briefs by The Canadian Association of Law Libraries/L’Association Canadienne des Bibliothèques de Droit (CALL/ACBD) to assist the Committee’s review of the Copyright Act. In this brief it is submitted that the Act clarify or expressly confirm that copyright does not subsist in statutes, regulations, by-laws, orders, proclamations, judgments, case law and awards of courts and tribunals, which CALL/ACBD characterizes as “primary law.”
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    Statutory Review of the Copyright Act, Brief 1:Multiple Issues
    Nayyer, Kim (Canadian Association of Law Libraries, 2018-12-10)
    This brief addresses interlibrary lending, fair dealing, the Act’s relationship with licenses, Indigenous knowledge, and USMCA implications as they may affect some of all of these matters.
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    Being an intervener in a court case
    Nayyer, Kim; Estabrooks, Matthew; Robert Janes QC; Owen, Victoria; Swartz, Mark (Canadian Federation of Library Associations and Canadian Association of Law Libraries, 2019-10-11)
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    Blockchain: Lawyers, take note
    Nayyer, Kim (PracticeLink (Canadian Bar Association, Business & Corporate Newsletter; National Magazine), 2017-05-25)