Cambridge University Press et al v. Patton et al

Filing 352

NOTICE by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc. Evidentiary Proffer in Support of the Trial Testimony of Jodi Kaufmann (Attachments: # 1 Exhibit Trial Exhibit 806, # 2 Exhibit Trial Exhibit 804, # 3 Exhibit Trial Exhibit 723, # 4 Exhibit Trial Exhibit 803, # 5 Exhibit Trial Exhibit 995, # 6 Exhibit Trial Exhibit 996, # 7 Exhibit Trial Exhibit 997, # 8 Exhibit Trial Exhibit 998, # 9 Exhibit Trial Exhibit 999, # 10 Exhibit Trial Exhibit 710A)(Krugman, Edward)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA,
ATLANTA DIVISION
CAMBRIDGE UNIVERSITY PRESS,
OXFORD UNIVERSITY PRESS, INC.,
and SAGE PUBLICATIONS, INC.,
Civil Action No. 1:08-CV-1425-ODE
Plaintiffs,
- v. MARK P. BECKER, in his official
capacity as Georgia State University
President, et al.,
Defendants.

EVIDENTIARY PROFFER IN SUPPORT OF THE TRIAL
TESTIMONY OF JODI KAFUMANN

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PRELIMINARY STATEMENT
On May 23, 2011, Plaintiffs sought to introduce evidence of repeated
and long term use of many of the works that Professor Kaufmann assigned
as required reading to students in her EPRS8500 course in the 2009
Maymester and 2009 Fall term. Specifically, Plaintiffs sought to introduce
the following syllabi from Professor Kaufmann’s prior EPR8500 courses:





PX 806 (Spring 2007)
PX 804 (Summer 2007)
PX 723 (Fall 2007)
PX 803 (Fall 2008)1
Plaintiffs also sought to introduce the following reports from GSU’s

Gosolar system, which detail the number of students enrolled in each
EPRS8500 course for the academic terms at issue, to illustrate the number of
students that Professor Kaufmann has distributed the works at issue to over
the course of the past several years:





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PX 995 (Spring 2007)
PX 996 (Summer 2007)
PX 997 (Fall 2007)
PX 998 (Summer 2008)
PX 999 (Fall 2008)2

The syllabi referenced above are attached hereto as exhibits to this filing.

2

The Gosolar reports referenced above are attached hereto as exhibits to this
filing.

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The Court declined to admit the above-referenced exhibits into
evidence as impeachment of Professor Kaufmann’s testimony with respect
to her completion of the fair use checklist that there had not been repeated
and long term use of the works used in her EPRS8500 course, but accepted
the Plaintiffs’ proffer that Professor Kaufmann had made repeated use of
many of the works referenced in Joint Exhibit 5. The following summary
sets forth the specific details of the evidence that Plaintiffs sought to
introduce, explaining each Plaintiff work that appears in Professor
Kafumann’s EPRS8500 courses on Joint Exhibit 5 and the prior academic
term(s) in which Professor Kaufmann used the same work, based on the
syllabi and ERes reports3 produced by the Defendants in the course of this
litigation.
SUMMARY
Denzin, N. & Lincoln, Y., The SAGE Handbook of Qualitative Research (3d
edition)
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In addition to the syllabi referenced above, Plaintiffs attach Plaintiffs’ Trial
Exhibit 710-A, which is an excerpt of the Summer 2008 ERes report (PX
710) that shows the works that Professor Kaufmann placed on ERes for
EPRS8500 during the Summer 2008 academic term. Plaintiffs submit this
report as evidence of the works that Professor Kaufmann offered via ERes to
the students in her EPRS8500 course during the Summer 2008 academic
term because Defendants have not produced a syllabus for Professor
Kaufmann’s EPRS8500 course for this term.

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 1-32: Introduction: The Discipline and Practice of Qualitative
Research by N. Denzin and Y. Lincoln
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Maymester 2009 (13 students)
 Fall 2008 (35 students)
 Summer 2008 (45 students)
 Fall 2007 (47 students)
 Spring 2007 (15 students)
 109-138: Freeing Ourselves from Neocolonial Domination in
Research: A Kaupapa Maori Approach to Creating Knowledge by
Russell Bishop
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Fall 2008 (35 students)
 Summer 2008 (45 students)
 Fall 2007 (47 students)
 Summer 2007 (15 students)
 Spring 2007 (15 students)
 357-373: Critical Humanism and Queer Theory: Living With the
Tensions by Ken Plummer
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students);
 Maymester 2009 (13 students)
 Fall 2008 (35 students)
 Summer 2008 (45 students)
 Fall 2007 (47 students)
 Summer 2007 (15 students)
 Spring 2007 (15 students)
 443-465: Qualitative Case Studies by Robert E. Stake
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Maymester 2009 (13 students)

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





Fall 2008 (35 students)
Summer 2008 (45 students)
Fall 2007 (47 students)
Summer 2007 (15 students)
Spring 2007 (15 students)

 547-557: Testimonio, Subalternity, and Narrative Authority by John
Beverley
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Fall 2008 (35 students)
 Summer 2008 (45 students)
 Fall 2007 (47 students)
 Summer 2007 (15 students)
 Spring 2007 (15 students)
 651-679: Narrative Inquiry: Multiple Lenses, Approaches, Voices by
Susan E. Chase
o Academic terms in which Professor Kaufmann used this work:
 Maymester 2009 (13 students)
 Summer 2008 (45 students)
 Fall 2007 (47 students)
 Summer 2007 (15 students)
 Spring 2007 (15 students)
 915-932: Relativism, Criteria and Politics by John K. Smith and Phil
Hodkinson
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Fall 2007 (47 students)
 Summer 2007 (15 students)
 Spring 2007 (15 students)
 959-978: Writing: A Method of Inquiry by Laurel Richardson
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Maymester 2009 (13 students)
 Summer 2008 (45 students)

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Denzin, N. & Lincoln, Y., The SAGE Handbook of Qualitative Research
(2nd edition)
 733-768: Authoethnography, Personal Narrative, Reflexivity:
Researcher as Subject by Carolyn Ellis and Arthur Bochner
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Maymester 2009 (13 students)
 Fall 2008 (35 students)
 Summer 2008 (45 students)
 Fall 2007 (47 students)
 Summer 2007 (15 students)
 Spring 2007 (15 students)
Altford, R. The Craft of Inquiry: Theories, Methods, Evidence (pages 21-31)
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Maymester 2009 (13 students)
 Fall 2008 (35 students)
 Summer 2008 (45 students)
 Fall 2007 (47 students)
 Summer 2007 (15 students)
 Spring 2007 (15 students)
Denzin, N., “The Art and Politics of Interpretation” in Approaches to
Qualitative Research by Sharlene Nagy Hesse-Biber and Patricia Leavy
(pages 447-472)
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Summer 2008 (45 students)
 Fall 2007 (47 students)
 Spring 2007 (15 students)
Hesse-Biber, S., Handbook of Feminist Research: Theory and Praxis
 71-106: Postmodern, Poststructural and Critical Theories by Susanne
Gannon and Bronwyn Davies
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
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 Fall 2008 (35 students)
 155-172: Toward Understandings of Feminist Ethnography by Wanda
Pillow and Cris Mayo
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Fall 2008 (35 students)
 515-534: Feminist Research Ethics by Judith Preissle
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Maymester 2009 (13 students)
 Fall 2008 (35 students)
Clandin, J. Handbook of Narrative Inquiry
 3-34: Locating Narrative Inquiry Historically: Thematics in the Turn
to Narrative by Stefinee Pinnegar and J. Gary Daynes
o Academic terms in which Professor Kaufmann used this work:
 Maymester 2009 (13 students)
 35-75: Mapping a Landscape of Narrative Inquiry: Borderland
Spaces and Tensions by D. Jean Clandinin and Jerry Rosiek (pages
35-75)
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Fall 2008 (35 students)
Sandstrom, K., Martin, D. and Fine, G., “Symbolic Interactionism at the End
of the Century” in G. Ritzer & B. Smart (Eds.) Handbook of Social Theory
by (pages 217-228)
o Academic terms in which Professor Kaufmann used this work:
 Fall 2009 (21 students)
 Maymester 2009 (13 students)
 Fall 2008 (35 students)
 Summer 2008 (45 students)
 Fall 2007 (47 students)
 Summer 2007 (15 students)
 Spring 2007 (15 students)

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Respectfully submitted this 24th day of May, 2011.
/s/ Edward B. Krugman
Edward B. Krugman
Georgia Bar No. 429927
John H. Rains IV
Georgia Bar No. 556052
BONDURANT, MIXSON & ELMORE, LLP
1201 West Peachtree Street NW
Suite 3900
Atlanta, Georgia 30309
[phone]
R. Bruce Rich (pro hac vice)
Randi Singer (pro hac vice)
Jonathan Bloom (pro hac vice)
Todd D. Larson (pro hac vice)

WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I hereby certify that I have this day filed the foregoing
EVIDENTIARY PROFFER IN SUPPORT OF THE TRIAL
TESTIMONY OF JODI KAUFMANN with the Clerk of Court using the
CM/ECF filing system which will send e-mail notification of such filing to
opposing counsel as follows:
Stephen M. Schaetzel, Esq.
John W. Harbin, Esq.
Natasha H. Moffitt, Esq.
Kristen A. Swift, Esq.
C. Suzanne Johnson, Esq.
Mary Katherine Bates, Esq.
KING & SPALDING
1180 Peachtree Street
Atlanta, Georgia 30309
Katrina M. Quicker, Esq.
Richard W. Miller, Esq.
BALLARD SPAHR, LLP
999 Peachtree Street, Suite 1000
Atlanta, Georgia 30309
Anthony B. Askew, Esq.
MCKEON, MEUNIER, CARLIN & CURFMAN, LLC
817 W. Peachtree Street, Suite 900
Atlanta, Georgia 30308
Mary Jo Volkert, Esq.
Assistant State Attorney General
40 Capitol Square
Atlanta, Georgia 30334

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This 24th day of May, 2011.
/s/ Edward B. Krugman
Edward B. Krugman

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