Legal Studies Commons^™

Juvenile Victims Of Property Crimes., David Finkelhor, Richard Ormrod

Crimes Against Children Research Center

Property crime is the most frequent kind of criminal victimization and one with important economic and psychological consequences, although it has not received the same public attention as violent crime in recent years. Property crime victimization rates are much higher for juveniles than for adults, but very little attention has been paid to property crimes against juveniles or the particular features that characterize these crimes. This Bulletin tries to fill this gap by examining the characteristics of property crimes against juveniles. It uses crime information from the National Crime Victimization Survey (NCVS) for 1996–97 and the National Incident-Based Reporting System …

A Descriptive Study Of The Kentucky Correctional Industries Program, Irina R. Soderstrom, Thomas C. Castellano, Heather Figaro

Kentucky Justice and Safety Research Bulletin

This bulletin addresses the topic of correctional industry programs. These programs are common across the United States and Europe, and research suggests that they may hold promise for helping accomplish correctional goals. However, correctional industry programs have not been adequately evaluated in the literature.

Alternatives To Incarceration For Substance Abusing Female Defendants/Offenders In Massachusetts, 1996-1998, Carol Hardy-Fanta, Sylvia Mignon

Publications from the Center for Women in Politics and Public Policy

In July 1997, the Massachusetts State Legislature, recognizing the challenge presented by the problem of substance abuse for women in the criminal justice system, authorized funds to the Department of Public Health’s Bureau of Substance Abuse Services for a study of substance using female offenders to be conducted by the John W. McCormack Institute at the University of Massachusetts Boston. Since March 1998, a group of researchers at the McCormack Institute and the Criminal Justice Center at UMass Boston has gathered and analyzed a wealth of quantitative and qualitative information on women offenders in Massachusetts.

This information includes data from …

Juvenile Gangs In Schools: Characteristics, Causes, And Possible Solutions, Gordon A. Crews

Criminal Justice Faculty Research

The purpose of this seminar is to acquaint participants with the ever-changing characteristics, often conflicting issues of causation, and various proposed solutions to the myriad of problems associated with gangs in schools. Special attention is given to the evolving nature of gangs in K-12 educational institutions (e.g., new types of juvenile groups developing and their associated behavior). Traditional subjects such as gang recruitment, initiation, and criminal activity are examined by discussing the many ways they manifest themselves in the school setting. Finally, a conceptual framework is presented by which a school can identify, understand, and begin to address a potential …

Juvenile Gangs In Schools: Characteristics, Causes, And Possible Solutions, Gordon A. Crews

Criminal Justice Faculty Publications and Presentations

The purpose of this seminar is to acquaint participants with the ever-changing characteristics, often conflicting issues of causation, and various proposed solutions to the myriad of problems associated with gangs in schools. Special attention is given to the evolving nature of gangs in K-12 educational institutions (e.g., new types of juvenile groups developing and their associated behavior). Traditional subjects such as gang recruitment, initiation, and criminal activity are examined by discussing the many ways they manifest themselves in the school setting. Finally, a conceptual framework is presented by which a school can identify, understand, and begin to address a potential …

Law Enforcement Management Challenges For The 21st Century, Patrick Oliver

History and Government Faculty Publications

No abstract provided.

Chiefs Establish New Christian Group: Assisting Chiefs To Live Their Faith Professionally And Personally, Patrick Oliver

History and Government Faculty Publications

No abstract provided.

Kidnaping Of Juveniles: Patterns From Nibrs., David Finkelhor, Richard Ormrod

Crimes Against Children Research Center

The kidnaping of children has generated a great deal of public concern, not to mention confusion and controversy. These crimes, from the kidnaping of the Lindbergh baby to the abduction and murder of Adam Walsh, have been some of the most notorious and highly publicized news stories of recent history, occupying a central place in the fears and anxieties of parents. Yet, an ongoing debate has raged over how frequently such crimes occur, which children are most at risk, and who the primary offenders are.

The Antecedents Of Organized Criminality In Kentucky, Gary W. Potter

Kentucky Justice and Safety Research Bulletin

This Kentucky Justice & Safety Research Bulletin examines the antecedents of modern-day organized crime in Kentucky. The question to be addressed is whether the genesis of organized crime in a predominately rural, southern state, such as Kentucky, follows well-established patterns of development found in historically analyses of Chicago, Philadelphia, New York, and other north-eastern and midwestern locales. This question is addressed by an examination of primary and secondary historical data sources relevant to early forms of organized crime. The research concludes that while Kentucky exhibited strikingly different forms of economic, socal and political organization compared to northeastern and midwestern locales, …

Uncleared Homicides: A Canada/United States Comparison, Wendy C. Regoeczi, Leslie W. Kennedy, Robert A. Silverman

Sociology & Criminology Faculty Publications

Beginning in the 1960s, there has been a marked decline in clearance rates of homicides, a finding that has generated little interest among criminological researchers. This article presents a comparative analysis of homicide clearance in Canada and the United States using data generated by the Canadian Centre of Justice Statistics and the U.S. Federal Bureau of Investigation's Supplementary Homicide Reports. Using logistic regression, homicide clearance is predicted on the basis of specific victim and offense characteristics for cases in Canada versus the United States and in Ontario versus New York State. The results indicate that the model is a good …

Enjoy The Donut: A Regulatory Response To The White Paper On Preventing Invasion Of The Great Lakes By Exotic Species, Sandi Zellmer

Nebraska College of Law: Faculty Publications

The adverse economic and environmental consequences associated with the invasion and establishment of exotic species have raised significant concerns among the Great Lakes community. In September 1999, the International Joint Commission (IJC) hosted a workshop on exotic policy, drawing upon the expertise of biologists, lawyers and public officials, to consider means of preventing exotic species invasions. The White Paper on Policies for the Prevention of the Invasion of the Great Lakes by Exotic Organisms served as the centerpiece for discussion at the workshop.

The White Paper concludes that economic initiatives, such as subsidies or taxation, would be the most viable …

Costing Child Protective Services Staff Turnover, Michelle Graef, Erick L. Hill

Center on Children, Families, and the Law: Faculty Publications

This article details the process used in one state to determine the financial costs to the child welfare agency accrued over the course of one year that were directly attributable to CPS staff turnover. The formulas and process for calculating specific cost elements due to separation, replacement and training are provided. The practical considerations inherent in this type of analysis are highlighted, as well as the use of this type of data to inform agency human resource strategies.

Adapting Violence Rehabilitation Programs For The Australian Aboriginal Offender, Peter Mals, Kevin Howells, Andrew Day, Guy Hall

Aboriginal Policy Research Consortium International (APRCi)

In this paper the authors address the question of how treatment and rehabilitation programs for violent offenders might be modified to more appropriately meet the needs of different cultural groups and improve treatment responsivity. The focus of the paper is on the needs of Aboriginal violent offenders in an Australian context, although the themes have relevance to treatment programs internationally. Two broad sources of information are used: the published literature relating to violent offending in Aboriginal people in Australia, and a small-scale interview-based qualitative survey of service providers with particular experience in this area. The evidence suggests there may be …

Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader

Office for Policy Studies on Violence Against Women Publications

Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.

The Devil, The Details, And The Dawn Of The 21st-Century Administrative State: Beyond The New Deal, Sandi Zellmer

Nebraska College of Law: Faculty Publications

More than half a century has passed since the New Deal, the era known for ushering in the modem administrative state, where broad-sweeping regulatory powers were delegated to over a dozen new executive agencies pursuant to a raft of social legislation. Until the later years of the New Deal, courts were highly suspicious of socially progressive legislation, and, for that matter, any legislation that upset common law systems supporting private property rights and freedom of contract. Regulatory enactments were especially vulnerable to invalidation for delegating policy-making authority to an executive agency or other non-legislative entity. Such delegations were considered a …

The Virtues Of "Command And Control" Regulation: Barring Exotic Species From Aquatic Ecosystems, Sandi Zellmer

Nebraska College of Law: Faculty Publications

The Clean Water Act asserts the ambitious goal of eliminating water pollution and protecting the chemical, physical, and biological integrity of U.S. waters. Yet the EPA, in enforcing the Act, currently exempts from regulation a significant source of pollution in U.S. waters: ballast-water discharges from commercial shipping vessels. Ballast water from commercial vessels is a primary vector for the introduction of exotic plant and animal species into U.S. waters. The invasion of these species poses an increasing threat to native biodiversity; the invaders prey directly on native fish and wildlife, compete for food and habitat, and introduce disease and parasites …

Conserving Ecosystems Through The Secretarial Order On Tribal Rights, Sandi Zellmer

Nebraska College of Law: Faculty Publications

American Indian nations successfully manage habitat for wildlife species on reservation lands through tribal law and through traditional cultural practices. Beyond reservation boundaries, many tribes are involved in managing wildlife habitat through cooperative management agreements with federal and state agencies. Tribes do this because wildlife is important to them for cultural, economic and religious reasons, not because they are required to do so by the Endangered Species Act (ESA), 16 U.S.C. $§ 1531-1544. Nevertheless, the ESA looms over Indian Country like the sword of Damocles: While the Act contributes to the conservation of tribal wildlife resources by imposing federal penalties …

States, Provinces, And Cross-Border International Trade, Matthew Schaefer

Nebraska College of Law: Faculty Publications

When I visited here in 1997, I talked about the need to bind sub-federal actors like states and provinces to international obligations.1 States and provinces are large economic actors. If you took a list of the largest nations and then compared state and provincial Gross National Products (GNPs) with those, you would find that there were more than thirty states that would rank in the top fifty nations in terms of GNP. You will probably find at least two, three, or four provinces that would rank in the top fifty as well. So it is clear for economic welfare reasons …

The Individual Responsibility Model Of Retirement Plans Today: Conforming Erisa Policy To Reality, Colleen E. Medill

Nebraska College of Law: Faculty Publications

Federal retirement policy today presents a significant regulatory paradox. Numerous studies have shown that participants in retirement savings plans need retirement planning education and investment advice. Yet they receive materials that are either too basic for participants who are financially sophisticated or too sophisticated for participants who are financially illiterate. Most participants do not receive professional investment advice before they direct the investment of their retirements savings. Why? This situation is the result of regulations and rulings issued by the Department of Labor, the federal agency that interprets and enforces the Employee Retirement Income Security Act of 1974 ("ERISA").

The …

Expanding The Non-Transactional Revolution: A New Approach To Securities Registration Exemptions, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Federal securities law is in the midst of a revolution. Since 1933, the registration of securities offerings under the Securities Act of 19331 (the "Securities Act") and the exemptions from the registration requirement have rested on the elusive concept of "transaction." The transactional system has three foundational elements: (1) current registration of discrete offerings-- the idea that an issuer may register only discrete offerings of securities planned to be sold in the immediate future; (2) resale restrictions arising out of the underwriter concept-- the idea that securities acquired in an exempted offering are not freely resalable; and (3) …

Multiple Personality Disorder, Accountable Agency, And Criminal Acts, Robert F. Schopp

Nebraska College of Law: Faculty Publications

Smedley Wormwood is an accountant who is indicted for embezzling funds from the company for which he works. He generally presents an impression of an unobtrusive, conventional, compliant, "vanilla" individual. When his lawyer interviews him about the charges, Smedley seems innocent, frightened, and bewildered. In discussing the details of events around the time of the alleged crime, Smedley becomes somewhat vague and then admits to some lapses in recall. Smedley then startles the lawyer by apparently undergoing a marked change in attitude, tone of voice, and apparent self-identity. The lawyer realizes that she is now discussing the crime with a …

Parental Opt-Outs In Nebraska Schools: Respecting Freedom Of Thought, Parental Rights, And Religious Pluralism, Richard F. Duncan

Nebraska College of Law: Faculty Publications

Suppose a public school requires all students in a certain grade to read a particular book or take part in a particular lesson that some parents object to on the basis of religious or other conscientious grounds. Should the school excuse the children of objecting parents from the required readings or lessons? Must the school grant the requested opt-out accommodation?

I believe the answer to the first question, which is a public policy issue, is that there are many good reasons for public schools to be liberal in accommodating religious and conscientious objections to required curricular materials and lessons. I …

Perceived Risk Of Aids Among Prisoners Following Educational Intervention, Angela D. Crews, Randy Martin

Criminal Justice Faculty Research

A pre/post quasi-experimental design was used to assess the impact of one state's AIDS education program on male (N = 75) and female (N= 65) inmates' perceived risk of HIV infection on the street and in prison. Post-test only comparison groups of male and female inmates were evaluated to control for the threat of testing. T-tests for paired samples were used to determine whether any significant changes occurred within groups (male & female), and t-tests for independent samples were used between groups to determine whether males or females experienced the greatest magnitude of change. Multiple regression analyses explored the …

Social Structure And Deviance, Gordon A. Crews

Criminal Justice Faculty Publications and Presentations

No abstract provided.

The Voice Of Willard Hurst, Alfred S. Konefsky

Journal Articles

No abstract provided.

Families, Crime And Criminal Justice: Charting The Linkages, Greer Litton Fox, Michael L. Benson, Ryan E. Spohn

Academic Publications

"Contemporary Perspectives in Family Research" is a series of volumes that features scholarly work on the frontiers of interdisciplinary research on families and family life. Volume 2, Families, Crime and Criminal Justice reflects this pioneering orientation by bringing together new empirical research that examines the various ways that families intersect with and are affected by crime and the criminal justice system. The interdisciplinary nature of the volume is reflected in the diversity of disciplines represented, including developmental psychopathology, criminology, sociology, family studies, psychology, social work and demography. The inclusion of qualitative studies based upon observational techniques and in-depth, long interviews …

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

All Faculty Scholarship

No abstract provided.

The Possibility Of A Fair Paretian, Howard F. Chang

All Faculty Scholarship

No abstract provided.

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

When The Rule Swallows The Exception, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.