Digital Commons Network^™

Storing Carbon In Green Roofs: Above- And Below-Ground Biomass Of Blue Grama And White Stonecrop, Salvador N. Lindquist, Richard K. Sutton

RURALS: Review of Undergraduate Research in Agricultural and Life Sciences

While green roofs are often utilized for energy savings and heat island mitigation, this technology hasn’t been extensively promoted for its ability to mitigate climate change. Green roofs have the potential to significantly reduce the amount of carbon dioxide in the atmosphere through carbon sequestration. This study focused on two low maintenance plant species commonly found on extensive green roof systems, blue grama (Bouteloua gracilis) and white stonecrop (Sedum album). The main objective was to quantify the above- and below-ground biomass of those two species to provide greater understanding of their carbon sequestration potential. If increased …

Grids And Gestures: A Comics Making Exercise, Nick Sousanis

SANE journal: Sequential Art Narrative in Education

Grids and Gestures is an exercise intended to offer participants insight into a comics maker’s decision-making process for composing the entire page through the hands-on activity of making an abstract comic. It requires no prior drawing experience and serves to help reexamine what it means to draw. In addition to a description of how to proceed with the exercise, this piece also includes conceptual grounding in the form of a brief theoretical discussion of the ways comics convey meaning as well as personal notes on the development of the exercise and how it has been used.

The Role Of Critical Thinking In Reader Perceptions Of Leadership In Comic Books, Renee Krusemark Edd

SANE journal: Sequential Art Narrative in Education

This study qualitatively explored how readers use critical thinking to perceive leadership in The Walking Dead comic books. Sixty-nine participants gave responses regarding their thoughts about leadership in the comic via an online survey. A majority of the participants indicated a wide range of values for comics as a learning experience. Most participants perceived leadership in the comic books as an individual who protects others and makes decisions. After completing the online survey, 22 participants gave acceptable and relevant responses about their perceptions of leadership and how they form these perceptions. Information was collected through email interviewing. The study concluded …

Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe

SANE journal: Sequential Art Narrative in Education

This article outlines two graphic novels and an accompanying activity designed to unpack complicated intersections between racism, poverty, and (d)evolving criminal-legal policy. Over 2 million adults are held in U.S. prison facilities, and several million more are under custodial supervision, and it has become clearly unsustainable. In the last decade, there has been a shift in media conversations about criminality, yet only a few suggest decreasing our reliance upon incarceration. In meaningfully different ways, the two novels trace the development of incarceration from its roots in slavery to its contemporary anti-democratic iteration and offer an underpublicized alternative.

Critical and community …

Revision In The Multiversity: What Composition Can Learn From The Superhero, David Hyman

SANE journal: Sequential Art Narrative in Education

Constant and ongoing revision is the compositional tactic through which many contemporary superhero narratives negotiate the powerful struggle between reiteration of the genre’s past, and creative expression of its future. Instead of a gradual succession of improved renditions of a text, each one effacing and superseding the imperfections of its predecessors, revision is revealed as the production of multiple versions whose differences and diversities are “capable of being in uncertainties”, as Keats describes the creative attitude which he terms Negative Capability: ontologically equal textual variations that wear their inconsistencies openly, and reject the pressure to resolve their multiplicities into the …

Pim Pedagogy: Toward A Loosely Unified Model For Teaching And Studying Comics And Graphic Novels, James B. Carter

SANE journal: Sequential Art Narrative in Education

The article debuts and explains "PIM" pedagogy, a construct for teaching comics at the secondary- and post-secondary levels and for deep reading/studying comics. The PIM model for considering comics is actually based in major precepts of education studies, namely constructivist foundations of learning, and loosely unifies constructs inherent therein with other available frames and frameworks for studying comics. As such, the article fills a dire need in the scholarly literature on comics pedagogy and paves a way for those who seek to teach comics courses in the future but who need direction and for those who seek to study/read comics …

Mallory Makes Meaning: How One 8th-Grader Made Meaning With A Graphic Novel, Aimee A. Rogers

SANE journal: Sequential Art Narrative in Education

This article presents how one 8^th-grader, Mallory, made meaning with Amulet: The Stonekeeper’s Curse by Kazu Kibuishi. Data was collected via a think-aloud procedure, a retrospective think-aloud, questions specific to the book and an interview. The data analysis indicates that Mallory was able to use a breadth of reading strategies, applied to both the visual and textual modalities, in order to make meaning with the graphic novel text.

Students As Critics: Exploring Readerly Alignments And Theoretical Tensions In Satrapi’S Persepolis, Ashley K. Dallacqua

SANE journal: Sequential Art Narrative in Education

This essay draws on the voices of both literary critics and adolescent readers, resulting in a contextualization of critical theory exploring Marjane Satrapi’s Persepolis. Satrapi’s graphic novel has been praised for its complex composition and story-telling ability. But although it is both a recommended and contested text for an adolescent audience, few have examined the reactions and interpretations of young readers. By placing the voices of adolescent readers alongside critics, I will illustrate that making time for aesthetic reading of a graphic novel results in nuanced and analytical work for adolescent readers, positioning their voices as equal to critics’. This …

Overviewing Software Applications For Graphic Novel Creation In The Post-Secondary And Secondary Classroom, Jeffrey S.J. Kirchoff Phd, Mike Cook Phd

SANE journal: Sequential Art Narrative in Education

It is well established that the 21^st century literate student needs to be able to effectively craft and interpret texts that use multiple communicative modes. Graphic novels are one text type that facilitates such literacy instruction, as the seamless relationship between words, image, and sound (in the form of sound effects) are inherent to the medium. Though there is a wealth of scholarship on the importance of how reading graphic novels facilitate multimodal literacy, there is less scholarship on how writing graphic novels facilitate multimodal literacy. This article demonstrates not only how writing graphic novels enables multimodal literacy, but …

Constitutional Patent Law: Principles And Institutions, Kali N. Murray

Nebraska Law Review

I. Introduction

II. Historical Method and Constitutional Development in Patent Law ... A. Historical Method in Patent Law ... B. Innovative and Social Disruption in Patent Law: A Multivariate Analysis ... 1. Innovative Disruption in the Progressive Era ... 2. Social Disruption in the Progressive Era

III. The Social-Obligation Principle and the Constitutional Regulation of Patents ... A. The Social-Obligation Principle and the Common Law Regulation of Patents ... B. The Language of Obligation in the Constitutional Regulation of Patents ... 1. The Language of Obligation in Contract Law ... 2. The Language of Obligation in Property Law ... a. …

Preparing To Open Up Shop: How The Supreme Court Set The Stage To Prohibit Public-Sector Agency-Shop Provisions In Harris V. Quinn, 134 S. Ct. 2618 (2014), Chris Schmidt

Nebraska Law Review

In 2014, the United States Supreme Court held in Harris v. Quinn that a quasi-public employee cannot be compelled to pay even her fair share of collective bargaining costs associated with union representation because such agency-shop provisions constitute compelled speech in contravention of the First Amendment. The decision was significant standing alone, as it directly affects personal assistants in the twenty-five states that are not so-called “right-to-work” states, and likely similarly applies to a vast number of other individuals who can be properly characterized as quasi-public. Perhaps more important is what Harris might mean for the larger world of public-sector …

Digital Scarlet Letters: Social Media Stigmatization Of The Poor And What Can Be Done, Thomas H. Koenig, Michael L. Rustad

Nebraska Law Review

I. Introduction

II. The Benefits and Hidden Costs of Expanded Social Media Access ... A. Race, Class, and Internet Access ... B. The Persistence of the Digital Divide ... C. The Social Media Digital Divide ... D. The Benefits of Increased Social Media Access ... 1. The Internet as an Engine of Equality ... 2. Providing Economic and Educational Opportunities ... 3. Building Job Networks ... 4. Improved Public Engagement … E. The Hazards of Increased Social Media Access ... 1. The Difference Between Public & Privacy Settings ... 2. Harmful Social Media Disclosures ... 3. Social Media Trolling by …

Lethal Autonomous Robots: Are They Legal Under International Human Rights And Humanitarian Law?, Titus Hattan

Nebraska Law Review

I. The Rise of Lethal Autonomous Robots

II. Applicable International Humanitarian Law

III. Applicable International Human Rights Law

IV. LARs in Light of IHL and IHRL

V. Conclusion

Indexes To Volume 93

Nebraska Law Review

No abstract provided.

Masthead & Table Of Contents, Vol. 94, No. 1

Nebraska Law Review

No abstract provided.

Legal Education In Transition: Trends And Their Implications, Sheldon Krantz, Michael Millemann

Nebraska Law Review

In Part I, we briefly describe what the critics are saying about legal education and steps the regulators are taking to stimulate what they perceive to be needed reforms. In Part II, we provide an overview of reforms now underway or in development in the first year; developments in experiential courses and programs in upper-level curricula; the emergence of some programs of specialization; the movement to add practice-based courses to the third year; and the creation of post-J.D. transition programs. In Part III, we propose an agenda for law faculties in the strategic planning that law schools should now be …

Demand Promissory Notes And Commercial Loans: Balancing Freedom Of Contract & Good Faith, George A. Nation Iii

Nebraska Law Review

I. Introduction

II. Background … A. The Reger Case … B. The Problems Associated with Using Demand Notes in Commercial Loans

III. Analysis … A. Old and Continuing Problems … B. Recognition of Demandable Notes: A Step Toward a Solution ... C. Revised Article 3—More Ambiguities ... D. Achieving Balance ... E. Freedom of Contract ... F. Good Faith ... G. Negotiability

IV. Seventh Circuit’s Analysis

V. Conclusion

Girls Rule, Boys Drool . . . And Must Apply: An Analysis Of The Eighth Circuit’S Perplexing Approach To A Failure-To-Apply Case In Eeoc V. Audrain Health Care, Inc., 756 F.3d 1083 (8th Cir. 2014), Jaydon Mcdonald

Nebraska Law Review

I. Introduction

II. Background ... A. Proving Discrimination Generally under Title VII … 1. The Direct Evidence Route ... a. Mixed-Motives ... 2. The McDonnell Douglas Framework ... B. The Genesis of the Futile Gesture Doctrine ... 1. The Futile Gesture Doctrine—Some Things Never Change ... 2. Failure-to-Apply Cases in the Eighth Circuit ... C. EEOC v. Audrain Health Care, Inc. ... 1. Facts ... 2. The Eighth Circuit Weighs In

III. Analysis ... A. The Eighth Circuit Wrongly Circumvented the Direct Evidence Discussion ... B. “Reverse Discrimination”: The (White) Elephant in the Room ... C. Failure-to-Apply: An Employer’s Free …

Masthead & Table Of Contents, Vol. 94, No. 2

Nebraska Law Review

No abstract provided.

Law School Culture And The Lost Art Of Collaboration: Why Don’T Law Professors Play Well With Others?, Michael I. Meyerson

Nebraska Law Review

I. Introduction

II. Erdös Numbers and the Creation of a Culture of Collaboration … A. Paul Erdös and Erdös Numbers … B. Collaboration and the Mathematical Culture

III. Understanding the Legal Academy’s Individualistic Culture … A. The Hidden Cost of Individualism … B. The Solitary Legal Scholar … C. Collaboration in Other Academic Fields … D. Explaining Differing Rates of Collaboration

IV. Creating a Law School Culture of Collaboration … A. Recognizing the Lost Benefits of Collaboration: Law Faculty … B. Recognizing the Lost Benefits of Collaboration: Law Students … C. Changing the Law School Culture ... D. What the …

Goodbye Earl: Domestic Abusers And Guns In The Wake Of United States V. Castleman—Can The Supreme Court Save Domestic Violence Victims?, Bethany A. Corbin

Nebraska Law Review

I. Introduction

II. Fistful of Love: Understanding Domestic Violence … A. You Knocked the Love (Right Outta My Heart): Explaining Domestic Abuse … B. But Earl Walked Right through That Restraining Order: Legal Responses to Domestic Violence … C. If I Die Young: The Link between Domestic Violence and Homicide

III. Love without Tragedy: The Lautenburg Amendment Attempts to Save Women’s Lives

IV. One Hit Leads to Another: Interpreting the Lautenburg Amendment’s “Physical Force” Requirement … A. Love Is a Battlefield: The Circuit Split … B. Stuck in the Middle with You: The Supreme Court’s Unprecedented Ruling on Domestic Violence …

Calumnious News Reporting: Defamatory Law Is More Than Sticks And Stones For Civic-Duty Participants, Victoria C. Duke

Nebraska Law Review

I. Introduction

II. Civic-Duty Participants Caught in the Crossroads

III. An Overview of the Precedent That Created the Criterion of Constitutional Protection for Defamatory Speech ... A. The Rubric of Categories in Which Defamed Plaintiffs Are Classified ... 1. Public Officials ... 2. Public Figures ... 3. Private Persons ... B. The Modification of the Rubric of Classifications

IV. The Appropriate Evaluation of Defamatory Redress for Civic-Duty Participants ... A. Civic-Duty Participants Are Limited by the Constraints of the Entity with Which They Are Involved ... 1. Routine Congressional Committee Meetings/Hearings ... 2. The Jury System ... 3. Inconsequential Political …

Masthead & Table Of Contents, Vol. 93, No. 4

Nebraska Law Review

No abstract provided.

Our Court Masters, Chad J. Pomeroy

Nebraska Law Review

I. Introduction

II. The Gun or the Salute

III. The Limits of Volunteerism

IV. Different Views of How Courts View Their Role ... A. The Dynamic Court View and the Constrained Court View of the Courts ... B. All Views Eventually Answer to Society

V. When Courts Exceed Perceived Social Norms, They Risk Their Own Legitimacy ... A. The Resistant Psychology of Contrary Directives ... B. Examples of Courts Stretching Social Norms ... C. Legitimacy Undermined: The Fallout of Stretching Social Norms ... D. A Contemporary Narrative

VI. Conclusion

A Fair Competition Theory Of The Civil False Claims Act, David Kwok

Nebraska Law Review

Whistleblowers are helping to recover more than $5 billion a year for fraud against the federal government, but reliance on whistleblowers and prosecutorial discretion raises problems when fraud allegations stem from undisclosed regulatory violations. Courts have created a series of opaque, formalistic “false certification” doctrines that provide little principled guidance as to why, for example, knowingly naming the wrong physician supervisor does not constitute Medicare fraud under the False Claims Act, but naming the wrong physician provider does constitute fraud. I suggest that the principle of fair competition can distinguish between regulatory violations that should result in civil liability and …

Copyright’S Unconsidered Assumption: Statutory Successors To The Termination Interest (And The Unintended Consequences For Estate Planners), Katie Joseph

Nebraska Law Review

I. Introduction

II. A Brief Overview of Termination

III. Legislative History of Successors in Reversion and Termination ... A. 1790–1831 ... B. The 1909 Copyright Act … 1. Conferences ... 2. Congressional Proceedings ... C. The 1976 Act ... 1. Studies and Conferences on Revision ... 2. Congressional Proceedings

IV. A More Sensible Succession ... A. Termination as a Planning Challenge ... B. The Preference for Testamentary Freedom ... C. Two Statutory Solutions ... 1. Reorder Statutory Successors ... 2. Exempt Certain Lifetime Transfers ... V. Planning & Termination ... A. Is Termination a Concern? ... B. Transfer by Will …

Masthead & Table Of Contents, Vol. 93, No. 3

Nebraska Law Review

No abstract provided.

Proposed Timing Requirements For The Common-Law Motion To Withdraw A Plea: The Creation Of A New Procedure In State V. Gonzalez, 285 Neb. 940, 830 N.W.2d 504 (2013), Meridith Wailes

Nebraska Law Review

This Note proposes that Nebraska courts apply the timing requirements from the Nebraska Postconviction Act because the common-law procedure was created as an alternative for defendants who could not bring postconviction motions under the act. Part II provides background on how defendants could withdraw their pleas in Nebraska prior to the creation of the common-law motion. Part III discusses State v. Gonzalez and the limitations the opinion placed on the common-law motion to withdraw a plea. Part IV discusses cases involving common law motions to withdraw pleas since Gonzalez—none of which include a discussion on when a motion is …

The Upside-Down Law Of Property And Contract: Of Fannie Mae, Freddie Mac, And San Jose Pensions, Richard A. Epstein

Nebraska Law Review

I. The Upside-Down Law

II. Physical Occupation and Regulatory Takings

III. The Third Leg of the Stool: Financial Takings

IV. The Fannie and Freddie Bailout

V. The San Jose Pension Situation

Can The Ninth Circuit Overrule The Supreme Court On The Constitution?, Steven Ferrey

Nebraska Law Review

I. What Has the Ninth Circuit Done? … A. The Ninth Circuit 2013 Constitutional Opinion ... B. Does This Lead Down a New Constitutional Path?

II. The Multibillion Dollar Ninth Circuit Question in California ... A. The California Low Carbon Fuel Standard ... B. The State Law Challenge to the LCFS ... C. The Federal Trial Court Constitutional Challenge … 1. Discrimination against Out-of-State Commerce ... 2. California Regulation beyond State Borders ... 3. Preemption of California Regulation ... D. The Ninth Circuit Majority ... E. Professors as Friends of the Court ... F. The Dissent in the Ninth Circuit …