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)

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
[e-mail]

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
[e-mail]

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
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9:4,17
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38:15
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6:7 35:1,20
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13,14,15,16
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3:12,21 4:19
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12:3,21 14:8
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32:4
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24:15 25:8
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36:11
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20:8 32:9
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22:9
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30:9 31:9
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26:21 32:23
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34:11 35:1,7
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April 20, 2011
39
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10:19
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24:24,25
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38:5
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21:17 24:15
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7:22 19:7

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2:4
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14:4 31:24
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6:19
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1:8 5:13
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10:23 17:1
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5:14 11:11
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12:17 13:10
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10:14

big
23:8
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4:6,7,13,17
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3:23 10:10
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2:3 3:6 5:24
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32:2 33:9,12,
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5:6 38:3
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10:4 11:13,23
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8:12 27:18,22
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20,21,24
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26:3 28:4,11
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33:12
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21:5
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Patricia Dixon PH.D.
20:21
Business
7:24
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26:11,14
buying
26:18
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37:1
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13:11
calculation
13:12
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10:4 12:2
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26:20
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20:23
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9:1
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1:9
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37:8
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9:25 25:8
28:19 34:1
37:14,17
38:15,17
category
28:20
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38:21
CCR-B-1476
1:24 37:20

central
25:4,9
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38:6,10
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37:6,13
chairs
23:7
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9:25
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31:14,16
Chapter
3:10,12
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11:16,19
12:17,21
13:7,14,18,
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15:2,3,8,17
16:6 17:1,2,
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10:18 31:22,
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19:9
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38:16
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27:10,14,15
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24:21 25:3,15
26:6 27:7
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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
[e-mail]
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
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4:25 34:12
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6:12,17 34:24

April 20, 2011
47
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31:14

Patricia Dixon PH.D.
week
27:10
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April 20, 2011
48
17
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21:12 22:13
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Patricia Dixon PH.D.
8

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April 20, 2011
49