Cambridge University Press et al v. Patton et al

Filing 319

DEPOSITION of Patricia Dixon, Ph.D. taken on April 20, 2011 by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit Defendant Ex. 20, # 2 Exhibit Defendant Ex. 21, # 3 Exhibit Defendant Ex. 22, # 4 Exhibit 20, # 5 Exhibit 21, # 6 Exhibit 22 -part 1, # 7 Exhibit 22- part2, # 8 Exhibit Plaintiff Ex. 18, # 9 Exhibit Previously Marked Plaintiff Ex. 1, # 10 Exhibit Previously Marked Plaintiff Ex. 2, # 11 Exhibit Previously Marked Plaintiff Ex. 4, # 12 Exhibit Previously Marked Plaintiff Ex. 8, # 13 Exhibit Previously Marked Plaintiff Ex. 10, # 14 Exhibit Previously Marked Plaintiff Ex. 11, # 15 Exhibit Previously Marked Plaintiff Ex. 12, # 16 Exhibit Previously Marked Plaintiff Ex. 14, # 17 Exhibit Previously Marked Plaintiff Ex. 15, # 18 Exhibit Previously Marked Plaintiff Ex. 16, # 19 Exhibit Previously Marked Plaintiff Ex. 17, # 20 Exhibit Previously Marked Plaintiff Ex. 17 - Seamans)(Rains, John)

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Patricia Dixon PH.D. April 20, 2011 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, OXFORD UNIVERSITY PRESS, INC., and SAGE PUBLICATIONS, INC., Plaintiffs, CIVIL ACTION FILE NO. 1:08-CV-1425-ODE vs. MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~ VIDEOTAPE DEPOSITION OF PATRICIA DIXON, Ph.D. April 20, 2011 1:09 p.m. Conference Room 16-K 1180 Peachtree Street, N.E. Atlanta, Georgia S. Julie Friedman, CCR-B-1476 Patricia Dixon PH.D. 1 2 3 4 5 6 APPEARANCES OF COUNSEL On behalf of the Plaintiffs: WEIL, GOTSHAL & MANGES JONATHAN BLOOM, ESQ. 767 Fifth Avenue New York, New York 10153 212.310.8775 212.310.8007 Fax jonathanbloom@weil.com 7 On behalf of the Defendants: 8 9 10 11 KING & SPALDING LLP JOHN W. HARBIN, ESQ. 1180 Peachtree Street, N.E. Atlanta, Georgia 30309-3521 404.572.2595 404.572.5100 Fax jharbin@kslaw.com 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Also Present: Mary Jo Volkert, Esq. Henry Stewart, Videographer April 20, 2011 2 Patricia Dixon PH.D. 1 2 April 20, 2011 3 INDEX OF EXAMINATIONS WITNESS: Patricia Dixon, Ph.D. 3 4 DIRECT EXAMINATION By Mr. Harbin Page 7 5 6 CROSS-EXAMINATION By Mr. Bloom 33 7 INDEX TO EXHIBITS 8 9 10 11 12 13 14 Defendant's Exhibit Description 21 Chapter 7, African-American Children in Single-Mother Families, pp. 117 to 145 22 Chapter 6, Racial Identity Development in African American Children, Cognitive and Experiential Antecedents, by Murray and Mandara, pp. 73 to 96 Page 12 15 15 16 17 INDEX TO PREVIOUSLY MARKED EXHIBITS Plaintiff's Exhibit Description Page 18 1 Curriculum Vitae of Patricia Dixon 8 2 Policy on the Use of Copyrighted Works in Education and Research The African American Family, AAS 3600 SOCI 3162, Fall 2009 20 Title Page and Table of Contents from "The Slave Community," by Blassingame 10 19 20 21 4 9 22 8 23 24 25 Patricia Dixon PH.D. 1 2 April 20, 2011 4 INDEX TO PREVIOUSLY MARKED EXHIBITS Plaintiff's Exhibit Description Page 3 10 4 5 6 11 "African-American Single Mothers: Understanding Their Lives and Families" Title Page and Table of Contents "Black Families" Title Page and Table of Contents 12 "Black Children" Title Page and Table of Contents 11-22-10 Fair Use Checklist for "The Slave Community," GaState0065299-300 11-29-10 Fair Use Checklist for "The Slave Community," GaState0065301-302 11-29-10 Fair Use Checklist for "Black Families," GaState0065303-304 2-23-09 Presentation, Copyright in instruction the New USC Copyright Policy, GaState0021120-21148 11-29-10 Fair Use Checklist, "Black Families: Black Children" 14 P-18 11-29-10 Fair Use Checklist for "African American Single Mothers Understanding their Families" 24 16 7 12 8 9 14 10 11 15 12 13 16 14 15 17 16 17 17b 21 22 23 19 23 18 18 19 20 21 22 23 24 25 (Original Defendant's Exhibits 20 through 22 and photocopies of previously marked Plaintiff's Exhibits 1 through 2, 4, 8, 10 through 12, and 14 through 18 have been attached to the original transcript.) Patricia Dixon PH.D. April 20, 2011 5 1 Videotape Deposition of Patricia Dixon, Ph.D. 2 April 20, 2011 3 4 (Reporter disclosure made pursuant to 5 Article 10.B. of the Rules and Regulations of 6 the Board of Court Reporting of the Judicial 7 Council of Georgia.) 8 9 10 (Defendant's Exhibits 20 through 23 were marked for identification.) THE VIDEOGRAPHER: This is Tape No. 1 to 11 the videotape deposition of Patricia Dixon in 12 the matter of Cambridge University Press versus 13 Mark Becker. 14 This deposition is being held at King & 15 Spalding, 1180 Peachtree Street in Atlanta, 16 Georgia, on April 20th, 2011. 17 1:09 p.m. 18 The time is now We're on the record. My name is Henry Stewart, and I'm the 19 videographer. 20 Friedman. 21 The court reporter is Julie Counsel, will you please introduce 22 yourselves and affiliations; and our witness 23 will be sworn. 24 25 MR. BLOOM: Jonathan Bloom, Weil, Gotshal & Manges, for the plaintiffs. Patricia Dixon PH.D. April 20, 2011 6 1 2 3 MR. HARBIN: John Harbin, King & Spalding, for the defendants. PATRICIA DIXON, Ph.D., having been first 4 duly sworn, was examined and testified as 5 follows: 6 MR. BLOOM: 7 MR. HARBIN: 8 MR. BLOOM: 9 10 John, before we start -Sure. Go ahead. Fine. -- I'd like to make an objection on the record. Plaintiffs object to the deposition that's 11 about to be taken to the extent it's to be 12 offered as trial testimony. 13 within the subpoena range of the United States 14 District Court for the Northern District of 15 Georgia and is represented by counsel for the 16 defendants, who presumably could subpoena the 17 witness to appear at trial and provide live 18 testimony. 19 The witness resides And on that basis, the plaintiffs 20 expressly reserve and do not waive the right to 21 object to any attempt by the defendants to 22 introduce the deposition testimony of -- of 23 Professor Dixon on the ground that she's not 24 available or is unavailable within the meaning 25 of the Federal Rules of Evidence, the Federal Patricia Dixon PH.D. April 20, 2011 7 1 Rules of Civil Procedure, and any applicable 2 local rules of this district. 3 MR. HARBIN: 4 DIRECT EXAMINATION 5 BY MR. HARBIN: 6 Q. Thank you. Professor Dixon, would you introduce 7 you -- yourself to the Court by stating your full 8 name, please. 9 A. Patricia Dixon. 10 Q. Okay. 11 And you are presently a professor at Georgia State University? 12 A. Yes. 13 Q. And how long have you been teaching at 14 Georgia State University approximately? 15 16 17 A. I think I'm going into my seventeenth year. Q. Okay. And can you summarize where you got 18 your undergraduate degree and what degree you 19 received? 20 A. Howard University. 21 Q. And what about postgraduate, where did you 22 23 attend and what -- what degree did you receive? A. Howard University. I got a Master's in 24 Business Administration; and then Temple University, 25 I got a Ph.D. in African-American studies. Patricia Dixon PH.D. April 20, 2011 8 1 Q. Okay. And let me hand you a copy of 2 what's been previously marked as Defendant's Exhibit 3 Dixon 1 and ask you if that's a true copy of your 4 curriculum vitae? 5 6 A. Yes. It is. It's not the most updated one, but it is one. 7 Q. 8 that right? 9 A. Yeah. 10 Q. And you've published -- It's accurate up to the point it goes; is It's accurate. Yes. If you look at 11 the third page, you've published yourself. 12 authored three books? You've 13 A. Yes. 14 Q. And numerous articles listed in this -- in 15 I have. this CV, correct? 16 A. Uh-huh. 17 Q. Okay. 18 19 20 21 Yes. And at what department do you teach at Georgia State? A. The Department of African American studies. Q. Okay. And what is your -- What are your 22 plans and availability during the second half of May 23 of this year? 24 A. 25 Well, I had planned to travel. I have a -- a family member who has just been diagnosed with Patricia Dixon PH.D. April 20, 2011 9 1 cancer, and so I was trying to make the travel plans 2 to go deal with that. 3 Q. Okay. All right. Did you teach a course 4 in the fall of 2009 AAS3000 titled "African-American 5 Family"? 6 A. Yes. 7 Q. Okay. I did. Let me show you a copy of what's 8 been previously marked as Plaintiff's Exhibit Dixon 4 9 and ask if that is a copy of this -- of the -- a 10 syllabus for the course that you taught -- 11 A. Yes. 12 Q. -- in the fall of 2009? 13 A. Uh-huh. 14 Q. Okay. 15 16 Yes. Can you summarize what was covered in this course. A. Well, actually, we look at the history of 17 the African-American family. 18 the African experience, and then we bring it through 19 slavery, emancipation, organization up into the 20 present. 21 We kind of start with So we kind of look at the history. 22 we look at socioeconomic issues as they affect 23 Then African American families. 24 25 Q. All right. And the plaintiffs in this case are challenging your use of four excerpts or Patricia Dixon PH.D. April 20, 2011 10 1 four works in that course, which I want to talk to 2 you about. 3 Did you use in the course, in this course 4 in the fall of 2009 an excerpt of a book called "The 5 Slave Community"? 6 A. Yes. 7 Q. Let me show you a copy of what was I did. 8 previously marked as Plaintiff's Exhibit Dixon 8 and 9 ask if that is a copy of the title page to that work 10 by John Blassingame -- 11 A. Yes. 12 Q. -- and the index? 13 So is it correct that counting the 14 bibliography index, the work is -- 15 over 400 pages; is that right? The publication's 16 A. Yes. 17 Q. And if you -- if you count just the sub -- 18 the chapters through the eight chapters and 19 appendices, it's something like 382 pages; is that 20 right? 21 A. Yes. 22 Q. And is it correct you use one chapter 23 As I recall, yes. beginning at Page 249 on plantation realities? 24 A. Yes. 25 Q. Okay. And that chapter went from Pages Patricia Dixon PH.D. April 20, 2011 11 1 249 to 283 -- 2 A. Yes. 3 Q. -- approximately 35 pages? 4 A. Uh-huh. 5 Q. Let me hand you a copy of what -- Let me 6 hand you what's been marked as Defendant's Exhibit 7 Dixon 20 and ask you if that is the excerpt that you 8 used in the course? 9 A. Yes. 10 Q. Okay. 11 A. Don't remember being this long. 12 Q. So you used something less than 10 percent 13 of the book by number of pages in this excerpt? 14 A. Yes. 15 Q. And what was your purpose in using this 16 17 18 19 Yes. I think I -- it is. chapter? A. I just wanted the -- the students to get a sense of what it was like to live on a plantation. Q. All right. Did you view this chapter as 20 the heart or critical part of that entire 21 publication? 22 A. No. 23 Q. Did you own a copy of this book -- 24 A. Yes. 25 Q. -- at the time? I didn't. Patricia Dixon PH.D. April 20, 2011 12 1 And second, in this course in the fall of 2 2009, did you use an excerpt of a book called 3 "African American Single Mothers: 4 Their Lives and Families"? Understanding 5 A. Yes. 6 Q. And let me hand you what's -- a copy of 7 what's been previously marked as Plaintiff's Exhibit 8 Dixon 10 and ask you if that is a copy of the title 9 page for the work and the index. 10 A. Yes. 11 Q. So the work totals over two -- 197, 12 approximately 197 pages; is that right? 13 A. Yes. 14 Q. And if you go up -- up to the point of the 15 index, the work is 192 pages? 16 A. Yes. 17 Q. And you used one chapter, I believe, in 18 the course of the -- in your course in fall of 2009; 19 is that correct? 20 A. Yes. 21 Q. Was that Chapter 7 on "African American 22 Children and Single-Mother Families"? 23 A. Yes. 24 Q. Let me hand you what's been marked as 25 Defendant's Exhibit Dixon 21 and ask you if that is Patricia Dixon PH.D. April 20, 2011 13 1 the -- a copy of the excerpt of that publication you 2 used in a course. 3 A. Yes. 4 Q. So you used something -- something less 5 than 20 percent of that publication -- 6 A. Yes. 7 Q. -- represented by this chapter in your 8 course? 9 A. Uh-huh. 10 Q. I believe for the record the plaintiffs Yes. 11 have calculated 15.9 percent. 12 that, but I think that's the plaintiffs' calculation. 13 14 15 We take issue with What was your purpose in using this chapter? A. The purpose was to get a sense of what 16 children -- the experience of children in -- in 17 single-parent homes, as well as to -- 18 One of the reasons I like this chapter is 19 there's a lot written on single mothers, but this 20 chapter talks about their strengths, and so that's 21 one of the reasons I thought this one stood out from 22 among the others. 23 24 25 MR. HARBIN: Okay. Let's go off the record for a minute. THE VIDEOGRAPHER: 1:19 p.m. Off the Patricia Dixon PH.D. April 20, 2011 14 1 record. 2 (Whereupon, the record was read by the 3 reporter as requested.) 4 THE VIDEOGRAPHER: 5 Q. Back on the record. 6 1:22 p.m. (By Mr. Harbin) And, Professor Dixon, did 7 you view this chapter as the heart or critical part 8 of the "African American Single Mothers" publication? 9 A. No. 10 Q. Okay. 11 A. Yes. 12 Q. Okay. I didn't. Did you own a copy of this book? In this course in the fall of 2009, 13 did you use an excerpt of a book called "Black 14 Children"? 15 A. Yes. 16 Q. Let me hand you what's been previously 17 marked as the Plaintiff's Exhibit Dixon 12 and ask 18 you if that is a copy or -- of the title page of that 19 book and the index. 20 A. Yes. 21 Q. So the publication totals something over 22 235 pages or approximately 235 pages; is that right? 23 A. Yes. 24 Q. Did you use Chapter 1 of this book, Pages 25 73 -- Patricia Dixon PH.D. April 20, 2011 15 1 A. No. 2 Q. I mean one chapter. 3 Not Chapter 1. Did you use a chapter -- 4 A. Yes. 5 Q. -- starting at Page 73? 6 A. Yes. 7 Q. Okay. 8 Starting -- Yes, yes. And that's the "Racial Identity Development..." chapter? 9 A. Yes. 10 Q. Let me hand you what's been marked as 11 Defendant's Exhibit Dixon 22. 12 13 Is that a copy of the excerpt you used of the -- 14 A. Yes. 15 Q. -- of that book? 16 17 18 19 What was your purpose in using that chapter in your course? A. To give the students some idea as to how children have developed racial identity. 20 Q. Okay. 21 A. And kind of to -- I guess the importance 22 of teaching them about racial, so that children are 23 real clear about where they stand in this culture. 24 25 Q. Okay. And so you used so -- 10 percent or less of this book by number of pages in your Patricia Dixon PH.D. April 20, 2011 16 1 course -- 2 A. Yes. 3 Q. -- in that excerpt? 4 Did you own a copy of this book? 5 A. Yes. 6 Q. Did you view that chapter as the heart or 7 critical part of the book? 8 A. No. 9 Q. Okay. And then in the course in the fall 10 of 2009 we're discussing, did you use an excerpt of a 11 book called "Black Families"? 12 A. Yes. 13 Q. Let me hand you what's been previously 14 marked as Plaintiff's Exhibit Dixon 11. 15 if that is the title page and index for that 16 publication. 17 A. Yes. 18 Q. So if you look at the index, this And ask you 19 publication totals something -- approximately 380 20 pages or more? 21 A. Yes. 22 Q. And if you look just at the publication, 23 the written portions prior to the start of the index, 24 it's approximately 363 pages? 25 A. Yes. Patricia Dixon PH.D. April 20, 2011 17 1 2 Q. And did you use one chapter beginning at Pages 214, Chapter 12, "Out There Stranded? -- 3 A. Yes. 4 Q. -- "Black Families in White Communities"? 5 Is it correct that you used approximately 6 20 pages of this publication for less than 6 percent 7 of the book by pages? 8 A. Yes. 9 Q. Okay. 10 this chapter? 11 A. And what was your purpose in using Just to convey the experience of -- of 12 black families, of the isolation they feel by living 13 in white communities. 14 15 Q. Did you -- Did you own a copy of this book at the time? 16 A. Yes. 17 Q. Did you view this chapter -- 18 single-chapter excerpt you used as the heart or 19 critical part of the book? 20 A. No. 21 Q. Well, why do you say that you didn't view 22 these different excerpts as the heart or critical 23 part of the publications? 24 25 A. Well, for three of the publications, they're edited volumes, which means you have a number Patricia Dixon PH.D. April 20, 2011 18 1 of -- of writers or scholars who make a contribution 2 to the -- to the volume; and so each of them give you 3 something different, a different perspective on the 4 topic or the issue; and so none of the particular -- 5 Particularly in the edited volume, none of 6 them would be the heart of the work because the works 7 give different perspectives -- 8 Q. Okay. 9 A. -- on this actual issue. 10 Q. Okay. 11 A. That one, I felt -- didn't think that that And what about the unedited volume? 12 was the heart of the -- the work. 13 talk about the community, then they're talking about 14 the -- what the slave community was like. 15 Because when you Plantation reality was just one aspect of 16 what it was like to be in a community of people who 17 are enslaved, so I didn't think that that was the 18 heart of the chapter. 19 being a member of a slave community. 20 Q. It was just one aspect of So did you utilize the fair use checklist 21 provided by Georgia State University in making your 22 decision to use each of the four excerpts -- 23 A. Yes. 24 Q. -- that we've talked about? 25 A. Yes. Patricia Dixon PH.D. April 20, 2011 19 1 Q. Okay. At the time you were getting -- you 2 were preparing your reading list for this fall 2009 3 class, had you been trained in the university's 4 copyright policy that encompassed the use of a 5 checklist? 6 A. Yes. 7 Q. And did you attend an in-person training? 8 A. Yes. 9 Q. How -- 10 11 How would you characterize the attendance at that? A. It was full. 12 They didn't -- they -- 13 enough seats. 14 Q. It was wall to wall like. 15 We actually didn't have People had to sit around the wall. Did you have any understanding about whether or not the training was mandatory? 16 A. I thought it was. 17 Q. Okay. 18 A. I thought so. 19 Q. You understood it was? 20 A. (Witness nods head affirmatively.) 21 Q. Let me hand you a copy of what's been 22 previously marked as Plaintiff's Exhibit 17 -- 23 24 25 Yeah. MR. HARBIN: Q. Jon. (By Mr. Harbin) -- and ask if you -- if that appears to be the written presentation that was Patricia Dixon PH.D. April 20, 2011 20 1 used at the training you attended. 2 A. Yes. 3 Q. Okay. It looks like the presentation. Let me hand you what's -- a copy of 4 what's been previously marked as Plaintiff's Exhibit 5 Dixon 2 and ask you if you've seen that before. 6 A. Yes. 7 Q. And does this appear to you to be the 8 copyright policy that Georgia State adopted -- 9 A. Yes. 10 Q. -- and you were getting trained on? 11 A. Yes. 12 Q. Regarding your fair use checklist for the 13 four excerpts, book excerpts you used in this fall 14 2000 course -- 2009 course, excuse me, that we've 15 talked about, to your recollection, did you fill out 16 and save checklists for each of these courses? 17 A. Yes. 18 Q. Were you able to retrieve the checklists? 19 A. No. 20 Q. What happened? 21 A. My -- I think my -- I wasn't. My drive broke, and I 22 don't know what I did with it after that, but it -- 23 The thing came off the top of it, so I wasn't able to 24 find the checklists in any of my other -- 25 Q. Okay. Are you referring -- What kind of Patricia Dixon PH.D. April 20, 2011 21 1 drive are you referring to? 2 A. A USB drive. 3 Q. Okay. 4 Thank you. Let me hand you -- I want to go through 5 just briefly some written checklists. 6 you a copy of what's been marked as Plaintiff's 7 Exhibit Dixon 14. 8 9 MR. HARBIN: Let me hand I know you like getting more copies of all this, Jonathan. 10 Q. 11 November -- 12 2010; is that right? (By Mr. Harbin) Is that a -- it's dated It appears to be dated November 22, 13 A. Yes. 14 Q. Is that approximately when you filled out 15 this checklist? 16 A. Yes. 17 Q. And what were you attempting to do? 18 Was -- Was this concerning the course you 19 taught in the fall of 2009, the course we've been 20 discussing? 21 A. Yes. 22 Q. And what was your purpose in filling out 23 24 25 this checklist? A. I had -- they -- Someone had requested that we give them the checklist that we really Patricia Dixon PH.D. April 20, 2011 22 1 needed; and since I couldn't find it, then she said 2 that -- to fill it out again. 3 Q. Okay. 4 A. Try to recall based on how we did it the 5 first time. 6 Q. All right. Now let me hand you a copy of 7 what's been previously marked as Plaintiff's Exhibit 8 Dixon 15. 9 Is this another copy of the checklist that 10 you filled out after the course for the same excerpt 11 on "The Slave Community"? 12 A. Yes. 13 Q. This one's dated November 29, 2010? 14 A. Right. 15 Q. Did you fill it out, to your recollection, 16 Yes. on or about that date? 17 A. Yeah. 18 Q. And why did you fill out a second 19 20 Yeah. I did it again. Yes. checklist for that excerpt? A. Because I was filling it out again; and 21 the original version that I sent her, somehow I was 22 trying to send them all together; and it -- it only 23 save -- 24 25 I tried to do a PDF file to save them all together; and she only got the first, so I had to Patricia Dixon PH.D. April 20, 2011 23 1 2 send it again. Q. So I filled it out again. Okay. Let me hand you what's -- a copy of 3 what's been previously marked as Plaintiff's Exhibit 4 Dixon 16 -- 5 A. Excuse me. 6 Q. -- and ask if you -- 7 A. Take my jacket off. 8 pretty big. 9 Q. Sure. These chairs are Okay. And is this a checklist that you filled 10 out for one of the excerpts you used in the course 11 from the black -- "Black Families" publication? 12 A. Yes. 13 Q. Okay. 14 And did you fill this out on or about November 29th, 2010? 15 A. Yes. 16 Q. Okay. Let me hand you, Professor Dixon, a 17 copy of what's been previously marked as Plaintiff's 18 Exhibit Dixon 17 and ask if this is a fair use 19 checklist you filled out for the "Black Children" 20 excerpt -- 21 A. Yes. 22 Q. -- one of the excerpts you used in the 23 course? 24 A. Yes. 25 Q. Okay. And you filled this out on or about Patricia Dixon PH.D. April 20, 2011 24 1 November 29, 2010? 2 A. Yes. 3 Q. Okay. 4 Let me hand you a copy of what's been previously marked as Plaintiff's Exhibit 18. 5 Is this a fair use -- fair use checklist 6 you filled out concerning one of the excerpts you 7 used in that course from "African American Single 8 Mothers"? 9 A. Yes. 10 Q. And did you fill this out on or about 11 November 29th, 2010? 12 A. Yes. 13 Q. Okay. With each of these fair -- fair use 14 checklists you filled out in 2010, were you -- were 15 you attempting to re-create what your analysis was in 16 preparing for the fall 2009 course? 17 A. Yes. 18 Q. Let me review just a few items of the 19 checklist with you. 20 you look, for example, at Exhibit 16, I believe you 21 checked on the second page under this third group of 22 factors, have you using a small portion of the work? In each of the checklists, if 23 A. Yes. 24 Q. You believe that was appropriate for each 25 of the -- an appropriate conclusion for each of the Patricia Dixon PH.D. April 20, 2011 25 1 works we're talking about, each of the four excerpts? 2 A. Yes. 3 Q. And you checked for each of them that the 4 portion used is not central or significant to the 5 entire work as a whole? 6 A. Yes. 7 Q. Did you believe when you undertook this 8 analysis in 2009 that that was the case, that the 9 portion used was not central or significant to the 10 entire work? 11 A. Yes. 12 Q. And that -- was that for the reasons 13 you've already testified about? 14 A. Yes. 15 Q. Okay. Uh-huh. You checked on these, if you'll 16 look, for example, at -- 17 them; but I'm looking at 14 and 15 right now, the two 18 versions of the first checklist on -- on The Slave 19 Community excerpt. I think it's on any of 20 You believe that the use would not have a 21 significant effect on the market or potential market 22 for the work? 23 A. Which -- what -- which factor are we -- 24 Q. It's under the Factor 4, the last 25 factors -- Patricia Dixon PH.D. April 20, 2011 26 1 A. Okay. 2 Q. -- last group of factors. 3 The first box -- 4 A. Right. 5 Q. -- on the left-hand side. 6 7 And you checked that use stimulates market for original work? 8 A. Yes. 9 Q. And what did you mean by that? 10 A. That I thought that -- that I encouraged 11 the students to buy this, to buy the book. 12 13 And which one is this? The Slave Community. 14 Yeah. I encouraged the students to buy 15 the book, because I think it's a good read; and so I 16 thought that that would simulate the market. 17 Q. Okay. Have you had any students to your 18 recollection indicate they're considering buying a 19 book after you use an excerpt in a class? 20 MR. BLOOM: Objection. 21 Q. (By Mr. Harbin) 22 A. Are we talking any time? Calls for hearsay. 23 You can answer. Are we talking -- 24 Q. Any time. 25 A. Well, actually, I have a -- a written -- a Patricia Dixon PH.D. April 20, 2011 27 1 paper from a student this semester who said they're 2 going to purchase the book. 3 Q. If you look on some of the forms, for 4 example -- and I can show you my copy if it's 5 easier -- on Plaintiff's Exhibit Dixon 14, the 6 initial checklist you recreated for The Slave 7 Community excerpt, you checked user owns lawfully 8 acquired or purchased copy of the work. 9 10 And then on Exhibit 15, your -- the one you did a week later, you did not check that. 11 A. Yes. 12 Q. What -- 13 A. -- 'cause that -- 14 Q. -- was, the failure to check it? 15 A. The failure to check it, because I 16 actually have several copies of the book. 17 18 Q. Okay. And to your knowledge, does the library also have some or all of these books? 19 20 That part is an oversight. A. them. I don't think the library has several of I have -- 21 Q. Some or all of them. 22 A. Oh. 23 Some -- Not several. Some or all the books. Maybe have "Slave Community." 24 Q. Do you remember? 25 A. I just don't remember. I just don't -- Patricia Dixon PH.D. April 20, 2011 28 1 Q. Okay. 2 A. -- recall. 3 Q. And similarly, if you look at Plaintiff's Yeah. 4 Exhibit Dixon 16, you did not check that box, user 5 owns lawfully acquired or purchased copy of the 6 original work. 7 8 Was that correct, or was that an oversight? 9 A. That's an oversight. 10 Q. And then on 17, Dixon Exhibit 17 and 18, 11 you also did not check that box about user owning a 12 lawfully acquired or purchased copy to work with. 13 Were those -- 14 A. Now that's -- 15 Q. -- not entered exactly, or was that an 16 oversight? 17 A. It's oversight. 18 Q. All right. Thank you. And you checked I 19 believe in each case that the access was restricted. 20 And the -- 21 last entry on the lower left-hand row on the second 22 page -- 23 A. Yes. 24 Q. -- Factor 4 -- 25 It's under the final fourth category, the MR. BLOOM: Sorry, Counsel -- Patricia Dixon PH.D. April 20, 2011 29 1 Q. (By Mr. Harbin) 2 A. Right. 3 MR. BLOOM: 4 looking at? 5 Q. -- restricted access. Wait. Which exhibit are you I'm sorry. (By Mr. Harbin) I think it's -- She 6 checked them on all of them, is that right, 14 7 through 18? 8 A. (Witness nods head affirmatively.) 9 Q. And you checked restricted access? 10 A. Yes. 11 Q. And what did you mean by that? 12 A. That only the students who take the course 13 have access to it. 14 password in order to have access to the course, and 15 to have access to the Ereserves, so only the students 16 who have access to it. 17 Q. They have to have a user name and And for each of these four works that you 18 used in this course that the plaintiffs are 19 complaining about, the ones we reviewed, did you make 20 a conclusion as to whether your use of the excerpt in 21 the course was or was not fair use? 22 23 24 25 A. Yeah. I made a determination that it was Okay. And that's reflected in your fair use. Q. re-creation of the checklist? Patricia Dixon PH.D. April 20, 2011 30 1 A. Yes. 2 Q. Okay. Prior to the -- Well, did the 3 university encourage you to use Ereserve to post 4 excerpts of work? 5 A. No. 6 Q. Did -- 7 Do you ever use uLearn to post reading material excerpts for classes? 8 A. No. 9 Q. Prior to the adoption of Ereserve, how did 10 11 12 you make excerpts available to students? A. I put -- by putting the books on reserve in the library. 13 Q. Putting a hard copy on reserve? 14 A. Putting a hard copy. 15 Q. And that's a hard copy that either you or 16 17 18 Yes. the library had legally owned? A. If the library didn't legally own it, I gave them a copy of mine. 19 Q. Okay. 20 A. Right. 21 Q. -- as you said? 22 A. Yes. 23 Q. Okay. The one you -- The one you own -- If you had determined that any of 24 these four excerpts you used in the fall 2009 class 25 was not fair use -- Let me start that question over. Patricia Dixon PH.D. April 20, 2011 31 1 If you had determined that any of the four 2 excerpts you wanted to use in the fall of 2009 class 3 we reviewed would not constitute fair use, what would 4 you have done? 5 A. Put the book on reserve in the library. 6 Q. Put a -- 7 A. Put a hard copy of the book. 8 Q. Okay. 9 Put a hard copy on reserve? Uh-huh. Well, following the university's adoption of the current copyright policy which we 10 marked as Defendant's Exhibit -- or Plaintiff's 11 Exhibit Dixon 2 -- 12 A. Okay. 13 Q. -- did your practice about putting 14 Yes. excerpts on Ereserve change in any way? 15 A. Yes. 16 Q. How did it change? 17 A. I actually, for the most part, just It did. 18 started putting all my books, most of the books on -- 19 on E -- on Ereserve -- on reserve in the library. 20 21 22 Q. I'm sorry. You started putting books, most of the books -A. Yeah. Most of the -- the chapters that -- 23 But before 2009, I had a lot of chapters 24 that were from books; and in 2009 it -- it got back 25 down to four; and then by 2010, almost all of my Patricia Dixon PH.D. April 20, 2011 32 1 chapters are now on reserve in hard copy. 2 MR. BLOOM: I'm going -- John, I just 3 want to object to the extent that her testimony 4 is addressing practice in 2010, as per the 5 parties' prior understanding in that regard and 6 the Court's ruling in that regard. 7 8 9 10 MR. HARBIN: Q. Okay. (By Mr. Harbin) Thank you. So you're saying after this policy's adopted, you put fewer excerpts on Ereserve? 11 A. A lot fewer. 12 Q. And more on hard-copy reserve? 13 A. Exactly. 14 Q. Okay. 15 A. Just to get away from the -- Correct. And why did you do that? This got to 16 be complicated; and I had found out that Georgia 17 State was facing a lawsuit, so I thought it was just 18 better to just do that, easier. 19 And then Georgia State requires you every 20 semester now to go through this whole process, and so 21 it's easier just to put the books on reserve and have 22 the students go and get the book themselves. 23 Q. So following up on your answer there -- 24 A. Uh-huh. 25 Q. -- if you teach a course, say, the fall Patricia Dixon PH.D. April 20, 2011 33 1 semester and then you're teaching it in the following 2 spring semester, do you get to keep the excerpts on 3 Ereserve, whatever you put on Ereserve; or do you 4 have to redo the proces? 5 6 A. semester. 7 8 MR. HARBIN: I have. 9 10 You have to go through the process every Okay. That's all Thanks. MR. BLOOM: Can we go off the record for a few minutes. 11 MR. HARBIN: 12 MR. BLOOM: 13 MR. HARBIN: 14 THE VIDEOGRAPHER: 15 All right. Sure. I'd like to take a break. Sure, sure. 1:44 p.m. Off the record. 16 (Discussion ensued off the record.) 17 THE VIDEOGRAPHER: 18 CROSS-EXAMINATION 20 BY MR. BLOOM: 21 Q. Back on the record. 19 1:49 p.m. Professor Dixon, my name is Jonathan 22 Bloom. 23 I represent the plaintiffs. 24 you a few further questions. 25 I'm with the law firm Weil, Gotshal & Manges. I'm just going to ask Do you recall giving deposition testimony Patricia Dixon PH.D. April 20, 2011 34 1 previously in this case? 2 A. Yes. 3 Q. All right. 4 questions. And Mr. Larson asked you You recall that? 5 A. Yes. 6 Q. Okay. And you -- You recall that you 7 were under oath at the time you gave that deposition, 8 correct? 9 A. Yes. 10 Q. Okay. I'm going to read you a question 11 and answer from that deposition. 12 of the transcript, and this was a deposition given on 13 February 2, 2011. 14 This is at Page 113 And the question is the following: And 15 sitting here, you can't say whether either of the 16 November 22nd or the November 29th version, referring 17 to the checklists that we've just discussed, is 18 identical to the original version you created back at 19 the beginning of the semester in 2009, correct? 20 And your response was correct. 21 My question to you now is whether you 22 23 stand by that testimony. MR. HARBIN: Just for the record, it's a 24 bench trial; but I would object that that's not 25 proper impeachment or use of the deposition. Patricia Dixon PH.D. April 20, 2011 35 1 But you can go ahead and answer. 2 THE WITNESS: You're going to have to ask 3 your question again because it -- it's -- 4 Q. (By Mr. Bloom) 5 A. I -- 6 Q. Okay. 7 and answer. 8 A. Uh-huh. 9 Q. -- whether you stand by your prior 10 Okay. I'm going to reread the question My question to you is -- testimony. 11 A. Okay. 12 Q. So the question, this is Mr. -- 13 This is Mr. Larson's question. 14 And sitting here, you can't say whether 15 either of the November 22nd or the November 29th 16 version is identical to the version you created back 17 at the beginning -- beginning of the semester in 18 2009, correct? 19 MR. HARBIN: 20 Go ahead. The same objections. 21 Q. (By Mr. Bloom) 22 A. Yeah. 23 Q. I'm asking you if -- if you stand by that 24 25 And so you're asking me -- response. A. Yes. And you responded correct. I do. Patricia Dixon PH.D. April 20, 2011 36 1 2 MR. BLOOM: Okay. I have no further questions. 3 MR. HARBIN: 4 THE VIDEOGRAPHER: All right. This concludes the 5 videotape deposition of Professor Patricia 6 Dixon, April 20, 2011, 1:52 p.m. 7 We're off the record. 8 (Whereupon, the deposition was concluded 9 10 at 1:52 p.m.) (Pursuant to Rule 30(e) of the Federal 11 Rules of Civil Procedure and/or O.C.G.A. 12 9-11-30(e), neither a party nor the deponent 13 having requested right of review of the 14 deposition, the reading and signing of the 15 deposition is waived.) 16 17 18 19 20 21 22 23 24 25 Patricia Dixon PH.D. 1 April 20, 2011 37 C E R T I F I C A T E 2 3 STATE OF GEORGIA: 4 COUNTY OF FULTON: 5 6 I hereby certify that the foregoing 7 transcript was taken down, as stated in the 8 caption, and the questions and answers thereto 9 were reduced to typewriting under my direction; 10 that the foregoing pages 1 through 36 represent 11 a true, complete, and correct transcript of the 12 evidence given upon said hearing, and I further 13 certify that I am not of kin or counsel to the 14 parties in the case; am not in the regular 15 employ of counsel for any of said parties; nor 16 am I in anywise interested in the result of said 17 case. 18 This, the 25th day of April, 2011. 19 20 S. JULIE FRIEDMAN, CCR-B-1476 21 22 23 24 25 Patricia Dixon PH.D. 1 April 20, 2011 38 COURT REPORTER DISCLOSURE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Pursuant to Article 10.B of the Rules and Regulations of the Board of Court Reporting of the Judicial Council of Georgia which states: "Each court reporter shall tender a disclosure form at the time of the taking of the deposition stating the arrangements made for the reporting services of the certified court reporter, by the certified court reporter, the court reporter's employer or the referral source for the deposition, with any party to the litigation, counsel to the parties, or other entity. Such form shall be attached to the deposition transcript," I make the following disclosure: I am a Georgia Certified Court Reporter. I am here as a representative of Esquire Deposition Solutions. Esquire Deposition Solutions was contacted to provide court reporting services for the deposition. Esquire Deposition Solutions will not be taking this deposition under any contract that is prohibited by O.C.G.A. 9-11-28(c). Esquire Deposition Solutions has no contract/agreement to provide reporting services with any party to the case, any counsel in the case, or any reporter or reporting agency from whom a referral might have been made to cover this deposition. Esquire Deposition Solutions will charge its usual and customary rates to all parties in the case, and a financial discount will not be given to any party to this litigation. 19 20 21 22 23 24 25 S. Julie Friedman, CCR-1476 Patricia Dixon PH.D. American 3:10 4:3 7:25 AAS 9:4,17 3:21 agency AAS3000 38:15 9:4 ahead able 6:7 35:1,20 20:18,23 al access 1:10 28:19 29:1,9, already 13,14,15,16 25:13 accurate Also 8:7,9 2:13 27:18 acquired 28:11 27:8 28:5,12 American ACTION 3:12,21 4:19 1:5 8:19 9:23 actual 12:3,21 14:8 18:9 24:7 addressing among 32:4 13:22 Administrati analysis 24:15 25:8 on 7:24 and/or 36:11 adopted 20:8 32:9 another 22:9 adoption 30:9 31:9 answer 26:21 32:23 affect 34:11 35:1,7 9:22 affiliations answers 37:8 5:22 affirmativel Antecedents 3:13 y anywise 19:20 29:8 37:16 African appear 3:12,21 4:19 6:17 20:7 8:19 9:18,23 12:3,21 14:8 APPEARANCES 24:7 2:1 A f r i c a n - appears A April 20, 2011 39 19:25 21:11 appendices 10:19 applicable 7:1 appropriate 24:24,25 approximatel y 7:14 11:3 12:12 14:22 16:19,24 17:5 21:14 April 1:17 5:2,16 36:6 37:18 around 19:13 arrangements 38:5 Article 5:5 38:3 articles 8:14 asked 34:3 asking 35:22,23 aspect 18:15,18 ATLANTA 1:2,22 2:10 5:15 attached 4:25 38:8 attempt 6:21 attempting 21:17 24:15 attend 7:22 19:7 attendance 19:10 attended 20:1 authored 8:12 availability 8:22 available 6:24 30:10 Avenue 2:4 B Back 14:4 31:24 33:17 34:18 35:16 based 22:4 basis 6:19 BECKER 1:8 5:13 beginning 10:23 17:1 34:19 35:17 behalf 2:2,7 being 5:14 11:11 18:19 believe 12:17 13:10 24:20,24 25:7,20 28:19 bench 34:24 better 32:18 bibliography 10:14 big 23:8 Black 4:6,7,13,17 14:13 16:11 17:4,12 23:11,19 Blassingame 3:23 10:10 BLOOM 2:3 3:6 5:24 6:6,8 26:20 28:25 29:3 32:2 33:9,12, 20,22 35:4,21 36:1 Board 5:6 38:3 book 10:4 11:13,23 12:2 14:10, 13,19,24 15:15,25 16:4,7,11 17:7,15,19 20:13 26:11, 15,19 27:2,16 31:5,7 32:22 books 8:12 27:18,22 30:11 31:18, 20,21,24 32:21 box 26:3 28:4,11 break 33:12 briefly 21:5 bring 9:18 broke Patricia Dixon PH.D. 20:21 Business 7:24 buy 26:11,14 buying 26:18 C C 37:1 calculated 13:11 calculation 13:12 called 10:4 12:2 14:13 16:11 Calls 26:20 CAMBRIDGE 1:4 5:12 came 20:23 cancer 9:1 capacity 1:9 caption 37:8 case 9:25 25:8 28:19 34:1 37:14,17 38:15,17 category 28:20 CCR-1476 38:21 CCR-B-1476 1:24 37:20 central 25:4,9 certified 38:6,10 certify 37:6,13 chairs 23:7 challenging 9:25 change 31:14,16 Chapter 3:10,12 10:22,25 11:16,19 12:17,21 13:7,14,18, 20 14:7,24 15:2,3,8,17 16:6 17:1,2, 10,17 18:18 chapters 10:18 31:22, 23 32:1 characterize 19:9 charge 38:16 check 27:10,14,15 28:4,11 checked 24:21 25:3,15 26:6 27:7 28:18 29:6,9 Checklist 4:9,11,13, 17,18 18:20 19:5 20:12 21:15,23,25 22:9,19 23:9, April 20, 2011 40 19 24:5,19 25:18 27:6 29:25 checklists 20:16,18,24 21:5 24:14,19 34:17 Children 3:10,13 4:7, 17 12:22 13:16 14:14 15:19,22 23:19 CIVIL 1:5 7:1 36:11 class 19:3 26:19 30:24 31:2 classes 30:7 clear 15:23 Cognitive 3:13 Communities 17:4,13 Community 3:23 4:9,11 10:5 18:13, 14,16,19 22:11 25:19 26:13 27:7,23 complaining 29:19 complete 37:11 complicated 32:16 concerning 21:18 24:6 concluded 36:8 concludes 36:4 conclusion 24:25 29:20 Conference 1:21 considering 26:18 constitute 31:3 contacted 38:11 Contents 3:22 4:5,6,8 contract 38:12 contract/agr eement 38:14 contribution 18:1 convey 17:11 copies 21:9 27:16 copy 8:1,3 9:7,9 10:7,9 11:5, 23 12:6,8 13:1 14:10,18 15:12 16:4 17:14 19:21 20:3 21:6 22:6,9 23:2, 17 24:3 27:4, 8 28:5,12 30:13,14,15, 18 31:6,7 32:1 Copyright 4:15 19:4 20:8 31:9 Copyrighted 3:19 correct 8:15 10:13,22 12:19 17:5 28:7 32:13 34:8,19,20 35:18,21 37:11 couldn't 22:1 Council 5:7 38:4 COUNSEL 2:1 5:21 6:15 28:25 37:13, 15 38:7,15 count 10:17 counting 10:13 COUNTY 37:4 course 9:3,10,15 10:1,3 11:8 12:1,18 13:2, 8 14:12 15:17 16:1,9 20:14 21:18,19 22:10 23:10, 23 24:7,16 29:12,14,18, 21 32:25 courses 20:16 COURT 1:1 5:6,19 6:14 7:7 38:1,3,4,6, 10,11 Court's Patricia Dixon PH.D. 32:6 cover 38:16 covered 9:14 created 34:18 35:16 critical 11:20 14:7 16:7 17:19,22 C R O S S E X A MINATION 3:5 33:19 culture 15:23 current 31:9 Curriculum 3:18 8:4 customary 38:17 CV 8:15 D date 22:16 dated 21:10,11 22:13 day 37:18 deal 9:2 decision 18:22 Defendants 1:11 2:7 6:2, 16,21 Defendant's 3:8 4:23 5:8 8:2 11:6 12:25 15:11 31:10 degree 7:18,22 department 8:17,19 deponent 36:12 DEPOSITION 1:14 5:1,11, 14 6:10,22 33:25 34:7, 11,12,25 36:5,8,14,15 38:5,7,8,10, 11,12,14,16 Description 3:9,17 4:2 determinatio n 29:22 determined 30:23 31:1 developed 15:19 Development 3:12 Development. . 15:8 diagnosed 8:25 didn't 11:22 14:9 17:21 18:11, 17 19:12 30:17 different 17:22 18:3,7 DIRECT April 20, 2011 41 3:4 7:4 direction 37:9 disclosure 5:4 38:1,4,9 discount 38:17 discussed 34:17 discussing 16:10 21:20 Discussion 33:16 DISTRICT 1:1 6:14 7:2 DIVISION 1:2 DIXON 1:15 3:2,18 5:1,11 6:3,23 7:6,9 8:3 9:8 10:8 11:7 12:8,25 14:6, 17 15:11 16:14 20:5 21:7 22:8 23:4,16,18 27:5 28:4,10 31:11 33:21 36:6 down 31:25 37:7 drive 20:21 21:1,2 duly 6:4 during 8:22 E E 31:19 37:1 each 18:2,22 20:16 24:13,19,24, 25 25:1,3 28:19 29:17 38:4 easier 27:5 32:18,21 edited 17:25 18:5 Education 3:20 effect 25:21 eight 10:18 either 30:15 34:15 35:15 emancipation 9:19 employ 37:15 employer 38:6 encompassed 19:4 encourage 30:3 encouraged 26:10,14 enough 19:13 enslaved 18:17 ensued 33:16 entered 28:15 entire 11:20 25:5,10 entity 38:8 entry 28:21 Ereserve 30:3,9 31:14, 19 32:10 33:3 Ereserves 29:15 ESQ 2:3,9,14 Esquire 38:10,11,12, 14,16 et 1:10 Evidence 6:25 37:12 exactly 28:15 32:13 EXAMINATION 3:4 7:4 EXAMINATIONS 3:1 examined 6:4 example 24:20 25:16 27:4 excerpt 10:4 11:7,13 12:2 13:1 14:13 15:12 16:3,10 17:18 22:10,19 23:20 25:19 26:19 27:7 29:20 excerpts 9:25 17:22 18:22 20:13 23:10,22 24:6 Patricia Dixon PH.D. 25:1 30:4,7, 10,24 31:2,14 32:9 33:2 excuse 20:14 23:5 Exhibit 3:9,17 4:2 8:2 9:8 10:8 11:6 12:7,25 14:17 15:11 16:14 19:22 20:4 21:7 22:7 23:3,18 24:4,20 27:5, 9 28:4,10 29:3 31:10,11 EXHIBITS 3:7,16 4:1, 23,24 5:8 experience 9:18 13:16 17:11 Experiential 3:13 expressly 6:20 extent 6:11 32:3 F F 37:1 facing 32:17 factor 25:23,24 28:24 factors 24:22 25:25 26:2 failure 27:14,15 Fair 4:9,11,13, 17,18 18:20 20:12 23:18 24:5,13 29:21,23 30:25 31:3 Fall 3:21 9:4,12 10:4 12:1,18 14:12 16:9 19:2 20:13 21:19 24:16 30:24 31:2 32:25 Families 3:10 4:4,6, 13,17,20 9:23 12:4,22 16:11 17:4,12 23:11 Family 3:21 8:25 9:5,17 Fax 2:5,11 February 34:13 Federal 6:25 36:10 feel 17:12 felt 18:11 fewer 32:9,11 Fifth 2:4 FILE 1:5 22:24 fill 20:15 22:2, 15,18 23:13 24:10 April 20, 2011 42 filled 21:14 22:10 23:1,9,19,25 24:6,14 filling 21:22 22:20 final 28:20 financial 38:17 find 20:24 22:1 Fine 6:7 firm 33:22 first 6:3 22:5,25 25:18 26:2 following 31:8 32:23 33:1 34:14 38:8 follows 6:5 foregoing 37:6,10 form 38:4,8 forms 27:3 found 32:16 four 9:25 10:1 18:22 20:13 25:1 29:17 30:24 31:1,25 fourth 28:20 Friedman 1:24 5:20 37:20 38:21 full 7:7 19:11 FULTON 37:4 further 33:24 36:1 37:12 G GaState00211 20-21148 4:16 GaState00652 99-300 4:10 GaState00653 01-302 4:12 GaState00653 03-304 4:14 gave 30:18 34:7 GEORGIA 1:1,9,22 2:10 5:7,16 6:15 7:11,14 8:18 18:21 20:8 32:16,19 37:3 38:4,10 getting 19:1 20:10 21:8 give 15:18 18:2,7 21:25 given 34:12 37:12 38:17 giving 33:25 Go 6:7 9:2 12:14 13:23 21:4 32:20,22 33:5,9 35:1, 20 goes 8:7 going 7:15 27:2 32:2 33:23 34:10 35:2,6 good 26:15 GOTSHAL 2:3 5:25 33:22 ground 6:23 group 24:21 26:2 guess 15:21 H half 8:22 hand 8:1 11:5,6 12:6,24 14:16 15:10 16:13 19:21 20:3 21:4,5 22:6 23:2,16 24:3 happened 20:20 HARBIN 2:9 3:4 6:1,7 7:3,5 13:23 14:6 19:23,24 21:8,10 26:21 29:1,5 32:7,8 Patricia Dixon PH.D. 33:7,11,13 34:23 35:19 36:3 hard 30:13,14,15 31:6,7 32:1 hard-copy 32:12 head 19:20 29:8 hearing 37:12 hearsay 26:20 heart 11:20 14:7 16:6 17:18,22 18:6,12,18 held 5:14 Henry 2:14 5:18 her 22:21 32:3 hereby 37:6 history 9:16,21 homes 13:17 Howard 7:20,23 I Identity 3:12 15:7,19 impeachment 34:25 importance 15:21 INDEX 3:1,7,16 4:1 10:12,14 12:9,15 14:19 16:15,18,23 indicate 26:18 initial 27:6 in-person 19:7 instruction 4:15 interested 37:16 introduce 5:21 6:22 7:6 isolation 17:12 issue 13:11 18:4,9 issues 9:22 items 24:18 J April 20, 2011 43 2:9 6:1,6 10:10 32:2 Jon 19:23 JONATHAN 2:3 5:24 21:9 33:21 jonathanbloo m@weil.com 2:6 Judicial 5:6 38:4 Julie 1:24 5:19 37:20 38:21 just 8:25 10:17 11:17 16:22 17:11 18:15, 18 21:5 24:18 27:25 31:17 32:2,15,17, 18,21 33:23 34:17,23 K keep 33:2 kin 37:13 kind 9:17,21 15:21 20:25 KING 2:8 5:14 6:1 jacket idea 23:7 know 15:18 jharbin@ksla 20:22 21:8 identical knowledge w.com 34:18 35:16 27:17 2:11 identificati L Jo on 2:14 Larson 5:9 JOHN 34:3 Larson's 35:13 last 25:24 26:2 28:21 later 27:10 law 33:22 lawfully 27:7 28:5,12 lawsuit 32:17 left-hand 26:5 28:21 legally 30:16,17 less 11:12 13:4 15:25 17:6 Let's 13:23 library 27:18,19 30:12,16,17 31:5,19 list 19:2 listed 8:14 litigation 38:7,18 live 6:17 11:18 Lives 4:4 12:4 living 17:12 LLP 2:8 local 7:2 long 7:13 11:11 look 8:10 9:16,21, 22 16:18,22 24:20 25:16 27:3 28:3 looking 25:17 29:4 looks 20:2 lot 13:19 31:23 32:11 lower 28:21 M making 18:21 Mandara 3:14 mandatory 19:15 MANGES 2:3 5:25 33:22 MARK 1:8 5:13 MARKED 3:16 4:1,24 5:9 8:2 9:8 10:8 11:6 12:7,24 14:17 15:10 16:14 19:22 20:4 21:6 22:7 23:3,17 24:4 31:10 market Patricia Dixon PH.D. 25:21 26:6,16 Mary 2:14 Master's 7:23 material 30:7 matter 5:12 mean 15:2 26:9 29:11 meaning 6:24 means 17:25 member 8:25 18:19 mine 30:18 minute 13:24 minutes 33:10 most 8:5 31:17,18, 21,22 Mothers 4:3,19 12:3 13:19 14:8 24:8 Murray 3:13 N N.E 1:21 2:9 name 5:18 7:8 29:13 33:21 needed 22:1 neither 36:12 New 2:4 4:15 nods 19:20 29:8 NORTHERN 1:1 6:14 November 21:11 22:13 23:14 24:1,11 34:16 35:15 number 11:13 15:25 17:25 numerous 8:14 O O.C.G.A 36:11 38:13 oath 34:7 object 6:10,21 32:3 34:24 objection 6:9 26:20 objections 35:19 offered 6:12 official 1:9 Oh 27:22 Okay 7:10,17 8:1, 17,21 9:3,7, 14 10:25 11:10 13:23 14:10,12 April 20, 2011 44 15:7,20,24 16:9 17:9 18:8,10 19:1, 17 20:3,25 21:3 22:3 23:2,8,13, 16,25 24:3,13 25:15 26:1,17 27:17 28:1 29:24 30:2, 19,23 31:8,12 32:7,14 33:7 34:6,10 35:4, 6,11 36:1 ones 29:19 one's 22:13 order 29:14 organization 9:19 Original 4:23,25 22:21 26:7 28:6 34:18 over 10:15 12:11 14:21 30:25 oversight 27:11 28:8,9, 16,17 owned 30:16 owning 28:11 owns 27:7 28:5 OXFORD 1:4 P P 1:8 p.m 36:9 P-18 4:18 Page 3:3,9,17,22 4:2,4,6,7 8:11 10:9,23 12:9 14:18 15:5 16:15 24:21 28:22 34:11 pages 10:15,19,25 11:3,13 12:12,15 14:22,24 15:25 16:20, 24 17:2,6,7 37:10 paper 27:1 part 11:20 14:7 16:7 17:19,23 27:11 31:17 particular 18:4 Particularly 18:5 parties 37:14,15 38:7,17 parties' 32:5 party 36:12 38:7, 15,17 password 29:14 PATRICIA 1:15 3:2,18 5:1,11 6:3 7:9 36:5 PDF 22:24 Peachtree 1:21 2:9 5:15 people 18:16 19:13 percent 11:12 13:5,11 15:24 17:6 perspective 18:3 perspectives 18:7 Ph.D 1:15 3:2 5:1 6:3 7:25 photocopies 4:24 Plaintiffs 1:6 2:2 5:25 6:10,19 9:24 13:10 29:18 33:23 Plaintiff's 3:17 4:2,24 9:8 10:8 12:7 14:17 16:14 19:22 20:4 21:6 22:7 23:3,17 24:4 27:5 28:3 31:10 plaintiffs' 13:12 planned 8:24 plans 8:22 9:1 plantation Patricia Dixon PH.D. 10:23 11:18 18:15 please 5:21 7:8 point 8:7 12:14 Policy 3:19 4:16 19:4 20:8 31:9 policy's 32:9 portion 24:22 25:4,9 portions 16:23 post 30:3,6 postgraduate 7:21 potential 25:21 pp 3:11,14 practice 31:13 32:4 preparing 19:2 24:16 Present 2:13 9:20 Presentation 4:15 19:25 20:2 presently 7:10 President 1:10 PRESS 1:4,5 5:12 presumably 6:16 pretty 23:8 PREVIOUSLY 3:16 4:1,24 8:2 9:8 10:8 12:7 14:16 16:13 19:22 20:4 22:7 23:3,17 24:4 34:1 prior 16:23 30:2,9 32:5 35:9 Procedure 7:1 36:11 proces 33:4 process 32:20 33:5 Professor 6:23 7:6,10 14:6 23:16 33:21 36:5 prohibited 38:13 proper 34:25 provide 6:17 38:11,14 provided 18:21 publication 11:21 13:1,5 14:8,21 16:16,19,22 17:6 23:11 PUBLICATIONS 1:5 17:23,24 publication' s 10:14 April 20, 2011 45 published 8:10,11 purchase 27:2 purchased 27:8 28:5,12 purpose 11:15 13:13, 15 15:16 17:9 21:22 pursuant 5:4 36:10 38:3 put 30:11 31:5,6, 7 32:9,21 33:3 putting 30:11,13,14 31:13,18,20 Q question 30:25 34:10, 14,21 35:3,6, 7,12,13 questions 33:24 34:4 36:2 37:8 R R 37:1 Racial 3:12 15:7,19, 22 range 6:13 rates 38:17 read 14:2 26:15 34:10 reading 19:2 30:7 36:14 real 15:23 realities 10:23 reality 18:15 really 21:25 reasons 13:18,21 25:12 recall 10:21 22:4 28:2 33:25 34:4,6 receive 7:22 received 7:19 recollection 20:15 22:15 26:18 record 5:17 6:9 13:10,24 14:1,2,5 33:9,15,16, 18 34:23 36:7 re-create 24:15 recreated 27:6 re-creation 29:25 redo 33:4 reduced 37:9 referral 38:7,15 referring 20:25 21:1 34:16 reflected 29:24 regard 32:5,6 Regarding 20:12 regular 37:14 Regulations 5:5 38:3 remember 11:11 27:24, 25 Reporter 5:4,19 14:3 38:1,4,6,10, 15 reporter's 38:6 Reporting 5:6 38:3,5, 11,14,15 represent 33:23 37:10 representati ve 38:10 represented 6:15 13:7 requested 14:3 21:24 36:13 requires 32:19 reread 35:6 Patricia Dixon PH.D. Research 3:20 reserve 6:20 30:11,13 31:5,6,19 32:1,12,21 resides 6:12 responded 35:21 response 34:20 35:24 restricted 28:19 29:1,9 result 37:16 retrieve 20:18 review 24:18 36:13 reviewed 29:19 31:3 right 6:20 8:8 9:3, 24 10:15,20 11:19 12:12 14:22 21:12 22:6,14 25:17 26:4 28:18 29:2,6 30:20 33:7 34:3 36:3,13 Room 1:21 row 28:21 Rule 36:10 Rules 5:5 6:25 7:1, 2 36:11 38:3 ruling 32:6 S S 1:24 37:20 38:21 SAGE 1:5 save 20:16 22:23, 24 saying 32:8 scholars 18:1 seats 19:13 second 8:22 12:1 22:18 24:21 28:21 seen 20:5 semester 27:1 32:20 33:1,2,6 34:19 35:17 send 22:22 23:1 sense 11:18 13:15 sent 22:21 services 38:5,11,14 seventeenth 7:15 shall 38:4,8 show 9:7 10:7 27:4 April 20, 2011 46 side 26:5 significant 25:4,9,21 signing 36:14 similarly 28:3 simulate 26:16 Single 4:3,19 12:3 13:19 14:8 24:7 s i n g l e c h a p t e r 17:18 S i n g l e M o t h e r 3:10 12:22 s i n g l e p a r e n t 13:17 sit 19:13 sitting 34:15 35:14 Slave 3:23 4:9,11 10:5 18:14,19 22:11 25:18 26:12 27:6,23 slavery 9:19 small 24:22 SOCI 3:21 socioeconomi c 9:22 Solutions 38:11,12,14, 16 Sorry 28:25 29:4 31:20 source 38:7 SPALDING 2:8 5:15 6:1 spring 33:2 stand 15:23 34:22 35:9,23 start 6:6 9:17 16:23 30:25 started 31:18,20 starting 15:5,6 State 1:9 7:11,14 8:18 18:21 20:8 32:17,19 37:3 stated 37:7 STATES 1:1 6:13 38:4 stating 7:7 38:5 Stewart 2:14 5:18 stimulates 26:6 stood 13:21 Stranded 17:2 Street 1:21 2:9 5:15 strengths 13:20 student 27:1 students 11:17 15:18 26:11,14,17 29:12,15 30:10 32:22 studies 7:25 8:20 sub 10:17 subpoena 6:13,16 summarize 7:17 9:14 Sure 6:7 23:6 33:11,13 sworn 5:23 6:4 syllabus 9:10 T T 37:1 Table 3:22 4:4,6,8 take 13:11 23:7 29:12 33:12 taken 6:11 37:7 taking 38:5,12 talk 10:1 18:13 Patricia Dixon PH.D. talked 18:24 20:15 talking 18:13 25:1 26:22,23 talks 13:20 Tape 5:10 taught 9:10 21:19 teach 8:17 9:3 32:25 teaching 7:13 15:22 33:1 Temple 7:24 tender 38:4 testified 6:4 25:13 testimony 6:12,18,22 32:3 33:25 34:22 35:10 Thank 7:3 21:3 28:18 32:7 Thanks 33:8 themselves 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5:15 31:22 35:22 119 year 13:25 7:16 8:23 12 York 3:10 4:3,7,24 2:4 14:17 17:2 yourself 122 7:7 8:11 14:4 yourselves 14 5:22 4:7,9,24 21:7 25:17 27:5 1 29:6 1 144 3:18 4:24 33:14 5:10 8:3 145 14:24 15:2 3:11 37:10 149 10 33:17 3:22 4:3,24 11:12 12:8 15 15:24 3:12 4:11 22:8 25:17 10.B 27:9 5:5 38:3 15.9 10153 13:11 2:4 108-CV-1425- 152 36:6,9 ODE 16 1:6 4:6,13 23:4 109 24:20 28:4 1:18 5:17 16-K 11 1:21 4:6 16:14 April 20, 2011 48 17 4:15 19:22 23:18 28:10 17b 4:17 18 4:18,24 24:4 28:10 29:7 19 4:15 192 12:15 197 12:11,12 2 2 3:19 4:24 20:5 31:11 34:13 20 1:17 3:19 4:23 5:2,8 11:7 13:5 17:6 36:6 2000 20:14 2009 3:21 9:4,12 10:4 12:2,18 14:12 16:10 19:2 20:14 21:19 24:16 25:8 30:24 31:2,23,24 34:19 35:18 2010 21:12 22:13 23:14 24:1, 11,14 31:25 32:4 2011 1:17 5:2,16 34:13 36:6 37:18 20th 5:16 21 3:10 4:9 12:25 212.310.8007 2:5 212.310.8775 2:5 214 17:2 22 3:12 4:11,23 15:11 21:11 2-23-09 4:15 22nd 34:16 35:15 23 4:13,17 5:8 235 14:22 24 4:18 249 10:23 11:1 25th 37:18 283 11:1 29 22:13 24:1 29th 23:14 24:11 34:16 35:15 3 30309-3521 2:10 Patricia Dixon PH.D. 8 30e 36:10 3162 3:21 33 3:5 35 11:3 36 37:10 3600 3:21 363 16:24 380 16:19 382 10:19 8 3:18,22 4:24 10:8 9 9 3:21 9-11-28c 38:13 9-11-30e 36:12 96 3:14 ' 'cause 27:13 4 4 3:21 4:24 9:8 25:24 28:24 400 10:15 404.572.2595 2:10 404.572.5100 2:11 6 6 3:12 17:6 7 7 3:4,10 12:21 73 3:14 14:25 15:5 767 2:4 April 20, 2011 49