Digital Commons Network^™

Strip Searches In Canada And The Constitutional Right To Be Free From Unreasonable Searches And Seizures, Wayne K. Gorman

Court Review: Journal of the American Judges Association

On January 18, 1997, in a restaurant in Toronto, Mr. Ian Golden, a black male, was observed by the police selling what they believed to be cocaine. As a result, he was arrested and searched. The search included a “pat-down” search, but also included the police undoing and pulling back Mr. Golden’s pants and underwear. The police saw a white substance within a clear plastic wrap protruding from between Mr. Golden’s buttocks. The police then forced Mr. Golden to bend over a table. Mr. Golden’s buttocks and genitalia were completely exposed. Mr. Golden defecated. The police retrieved a pair of …

The Military Divorce: An Overview, Joseph A. Dewoskin, Mark E. Sullivan, Dan Wiley

Court Review: Journal of the American Judges Association

Your Court Review Editors asked Mark Sullivan, nationally known expert on the military divorce, to contribute an article to this journal. Mark recruited colleagues Joe DeWoskin of Kansas City, KS, a retired Army officer, and Kansas District Court Judge Dan Wiley, who presides over domestic relations cases, to assist him. What follows is their round table discussion of the key issues in a military divorce.

The American Psychological Association’S Guidelines For Child Custody Evaluations In Family Law Proceedings: Implications For The Courts, Helen T. Brantley, Eric Y. Drogin, Jemour A. Maddux

Court Review: Journal of the American Judges Association

Whether they directly preside over such matters or not, all judges are aware that child custody cases are among the most contentious, nerve-wracking, and costly proceedings in our entire legal system. The most aggrieved and well-heeled of litigants are likely to up the ante by enlisting psychologists as expert witnesses—even when the Court has already found it necessary to do so on its own. American Psychological Association (APA) Guidelines exist to encourage best practices for these witnesses, and to help them to avoid commonly encountered pitfalls. This article addresses how the Court can best access, interpret, and reinforce the latest …

The Road To A Federal Family Court, Jane M. Spinak

Court Review: Journal of the American Judges Association

The federalization of child protection policy and the family court began with the so-called discovery of child abuse by Dr. C. Henry Kempe in 1962. Dr. Kempe and his colleagues labeled the emerging documentation of physical abuse of children under three as “battered child syndrome” and provided an explanation for injuries that had previously been inadequately or inconsistently explained. The country was shocked by Kempe’s findings, spurring the federal Children’s Bureau to propose model child-abuse-reporting laws.¹ By 1966, only four years after Kempe’s hospital study, all fifty states had adopted legislation to regulate child abuse; by 1968 all states …

Timely Permanency For Children In Foster Care: Revisiting Core Assumptions About Children’S Options And Outcomes, Sarah A. Font, Lindsey Palmer

Court Review: Journal of the American Judges Association

The Adoption and Safe Families Act (ASFA, 1997) represented an emerging consensus that foster care should not be a long-term solution for children. Foster care is intended to provide a temporary living arrangement until permanency can be achieved, but, at the time ASFA was passed, some children were spending large proportions of their childhoods in temporary homes. In many cases, these children had a permanency plan of reunification that had little chance of being realized. Thus, the overarching goals of ASFA were to reduce the amount of time children spent “in limbo” and to promote permanency, while maintaining explicit preferences …

President’S Column Planning For The Future Of The American Judges Association Vol. 58, No. 3, Yvette Mansfield Alexander

Court Review: Journal of the American Judges Association

Serving as President of the American Judges Association (AJA) has been the pinnacle of my legal career. Being President of the AJA is a time-consuming and demanding volunteer job which I could not have done without the advice and counsel of so many. First and foremost, thank you to my family for your consistent support and love. A huge thank you to my Louisiana Judges for their unwavering support. A special thanks to Justice Piper Griffin, Judge Sheva Sims and Judge Kern Reese for serving on the executive committee with me. Kudos to the Executive Committee for their commitment and …

Twenty-Five Years Of The Adoption And Safe Families Act, Eve M. Brank

Court Review: Journal of the American Judges Association

The year 2022 marks the 25th anniversary of President Clinton signing into law the Adoption and Safe Families Act (ASFA). Enacted in November of 1997, ASFA was a bipartisan federal law intended to address concerns with the foster care and adoption systems. With fiscal incentives attached, states quickly adopted complementary ASFA legislation.

At its core, ASFA changed the primary objective from family reunification to the child’s health and safety. In doing so, ASFA sought to decrease the amount of time a child spent without a permanent home by limiting how long a child could spend in foster care. Referred to …

Dog Daze Crossword Puzzle Answers, Vol. 58, No.2

Court Review: Journal of the American Judges Association

Answers to Crossword

from page 83

The Resource Page, Vol. 58, No. 1

Court Review: Journal of the American Judges Association

COVID-19 RESOURCES

ANTI-RACISM RESOURCES

CHILD WELFARE RESOURCES

CONFERENCE AND OTHER LEARNING OPPORTUNITIES

ARTIFICIAL INTELLIGENCE AND COURTS

Science-Based Recommendations For The Collection Of Eyewitness Identification Evidence, Margaret Bull Kovera, Jacqueline Katzman, Jennifer M. Jones, Melanie B. Fessinger

Court Review: Journal of the American Judges Association

For almost 70% of the wrongfully convicted defendants who have been exonerated by new DNA evidence, one or more mistaken eyewitness identifications played a role in their wrongful convictions.¹ In recognition of the significant role that mistaken identifications play in miscarriages of justice, social scientists have spent the last 40 years studying which police practices can be improved to increase the reliability of eyewitness identification evidence, including instructions to witnesses,² selecting fillers (i.e., known innocent persons) for lineups or photo arrays who do not cause the suspect to stand out,³ and eliminating possible feedback from administrators who …

Threats To Impartiality In Capital Jury Selection: Addressing Dead-Serious Falsifications, Richard Rogers, Eric Y. Drogin, Sara E. Hartigan

Court Review: Journal of the American Judges Association

The American Bar Association (ABA) filed an amicus brief1 in the Boston Marathon bombing case that took direct aim at current jury selection procedures within the context of highly publicized capital trials. It strongly recommended that knowledge about the case, including pretrial publicity, be carefully investigated. Moreover, the brief flatly stated that assertions of fairness and impartiality by venirepersons are “not reliable.”² Is this true? What can social science tell us about the objectivity, truthfulness, and personal perspectives (e.g., biases or viewpoints) of potential jurors—in general, and on a case-by-case basis?

Court Review: Journal Of The American Judges Association, Vol. 58, No. 4, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Interview

Stresses of the Job in Modern Times: Coaching Resilience in Judges, Peer-to-Peer, an Interview with Jan Bouch; David Prince

Articles

Prosecutorial Misconduct: Assessment of Perspectives from the Bench, Saul M. Kassin, Stephanie A. Cardenas, Vanessa Meterko, and Faith Barksdale

Limiting Access to Remedies: Select Criminal Law and Procedure Cases from the Supreme Court’s 2021-22 Term, Eve Brensike Primus and Justin Hill

You Can Change Judging and Justice, Thomas R. French

The Online Courtroom: Leveraging Remote Technology in Litigation American Bar Association, Tort, Trial, and Insurance Practice Section, J. Gary Hastings

Departments

Editor’s Note, Eve Brank, David Dreyer, and David …

Uncovering The Secrets Of Statistics As Evidence In Business Valuations, Christopher C. Melcher

Court Review: Journal of the American Judges Association

Trials over the value of a business involve data, in large amounts, which must be presented in an understandable and impactful way. Statistics, when used properly, allow us to detect patterns or test theories we could not comprehend from a sea of numbers. But these shortcuts can be misused to create the appearance of accuracy, either through the expert’s failure to understand statistics or desire to deceive. This article explains, in simple terms, how to avoid these traps and spot a good statistic from a bad one.

Civil Cases In The Supreme Court’S October Term 2021, Thomas M. Fisher

Court Review: Journal of the American Judges Association

Every Term of the Supreme Court has a blockbuster case or two that come to represent snapshots of the Court’s philosophy and temperament. This one had enough to cover several Terms. Addressing multiple lines of unfinished business, the Court overturned Roe, Casey, and Lemon—and affirmed a right to carry a gun outside the home to boot. The Court could sensibly have filled the rest of its civil docket with ERISA interpretation issues, but it kept going. In cases that would have been a big deal in other Terms, it also permitted the federal government to mandate COVID …

The Resource Page

Court Review: Journal of the American Judges Association

WATCH DISCUSSION OF THREATS TO JUDICIAL INDEPENDENCE

RESOURCE FOR FAMILY AND JUVENILE COURTS

COURT WELLNESS

Court Review: Journal Of The American Judges Association, Vol. 58, No. 2, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

The Military Divorce: An Overview; Joseph A. DeWoskin, Mark E. Sullivan and Dan Wiley

The American Psychological Association’s Guidelines for Child Custody Evaluations in Family Law Proceedings: Implications for the Courts; Helen T. Brantley, Eric Y. Drogin, and Jemour A. Maddux

Uncovering the Secrets of Statistics as Evidence in Business Valuations; Christopher C. Melcher

Judicial Accommodation of Pro Se Parties; Michael Roundy

Editor’s Note; David M. Johnson

President’s Column; Yvette Mansfield Alexander

Canon Conversations; Access, Flexibility, and Practice; Cynthia Gray

Crossword; Vic Fleming

Thoughts from Canada: Strip Searches in Canada and the Constitutional Right to be Free from Unreasonable …

Court Review: Journal Of The American Judges Association, Vol. 58, No. 3, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Civil Cases in the Supreme Court’s October Term 2021; Thomas M. Fisher

Threats to Impartiality in Capital Jury Selection: Addressing Dead-Serious Falsifications; Richard Rogers, Eric Y. Drogin, and Sara E. Hartigan

Science-Based Recommendations for the Collection of Eyewitness Identification Evidence; Margaret Bull Kovera, Jacqueline Katzman, Jennifer M. Jones, and Melanie B. Fessinger

Editor’s Note; David J. Dreyer

President’s Column; Yvette Mansfield Alexander

Crossword; Vic Fleming

Thoughts from Canada: Assessing Credibility: The Impact of a Motive to Lie and the Embellishment of Evidence -- the Canadian Approach; Wayne K. Gorman

The Resource Page: Democracy's Last Line of Defense: A …

Editor's Note, Vol. 58, No. 1, Eve Brank

Court Review: Journal of the American Judges Association

Greetings from your non-judge co-editor of Court Review. As a professor in psychology and law, I am grateful for the past seven years of opportunities to solicit and edit submissions for Court Review related to relevant social science research. For the current issue, I took the lead in developing a special issue to commemorate the 25th anniversary of the passage of the 1997 Adoption and Safe Families Act (ASFA). I was nostalgic to have an opportunity to think about ASFA again. My first publication was a law review article on termination-of-parental-rights cases and the role of parents’ court plan …

Court Review: Journal Of The American Judges Association, Vol. 58, No. 1, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

The Road to a Federal Family Court; Jane M. Spinak

The Role of Information Sharing to Improve Case Management in Child Welfare; Sarah J. Beal, Paul DeMott, Rich Bowlen, and Mary V. Greiner

Timely Permanency for Children in Foster Care: Revisiting Core Assumptions about Children’s Options and Outcomes; Sarah A. Font and Lindsey Palmer

The Deportation of America’s Adoptees; DeLeith Duke Gossett

Editor’s Note; Eve Brank

President’s Column; Yvette Mansfield Alexander

Crossword; Vic Fleming

Thoughts from Canada: The Impact of Anti-Black Racism on the Sentencing of “Black Offenders” in Canada: What Is the Correct Approach?; Wayne K. Gorman

The Resource …

About The Authors, Etc., National Collegiate Honors Council

Honors in Practice Online Archive

About the authors

About the NCHC Monograph Series

NCHC Monographs & Journals

NCHC Publications Order Form

In This Issue

Constitution Day: An Opportunity For Honors Colleges To Promote Civic Engagement, Richard J. Hardy, Paul A. Schlag, Keith Boeckelman

Honors in Practice Online Archive

The United States Constitution is the bedrock upon which government and society rest, yet its precepts remain generally unfamiliar to contemporary college students. Considering the extent of its impact and the misinformation regarding its purpose, content, efficacy, and limits, the authors provide suggestions for civic learning based on this seminal document. While all American educational institutions receiving federal funding must celebrate the U.S. Constitution each year on or near September 17th, research suggests that comprehensive and integrative instruction is scarce. Citing a lack of formal Constitution Day programming among honors colleges, the authors present a multi-modal framework for honors students …

Counterstories Of Honors Students Of Color, Michael Carlos Gutiérrez

Honors in Practice Online Archive

This study explores the experience of high-achieving students of color in an honors program at a large research university. Qualitative methods involve surveying students (n = 39) and interviewing a select group (n = 5) in attempts to measure both the frequency and severity of racial microaggression as well as subjective experience relating to diversity and representation in honors. Using critical race theory, a discourse analysis of four broad questions pertaining to pre-entry, entry, continuation, and exit of honors programs suggests that more is needed to foster an honors community that better understands and meets the needs of students’ racial, …

Active Learning And Student Achievement: A Matter Of Space, Experiences, Or Pedagogy?, Justin Bruner, Rebecca Affoo, Angela M. Dietsch

Department of Special Education and Communication Disorders: Faculty Publications

The goal of this study was to contribute to research on active learning by addressing the problem of disentangling the effects of classroom architecture, student characteristics, and pedagogical design as they relate to student achievement. The study utilized a quasi-experimental design where data was collected on student perceptions of their classroom, their experience in the course, and the pedagogy of the instructor, then analyzed with respect to the course grade. Results indicate that neither student perceptions of the classroom spaces nor the spaces themselves had an impact on course grade, but the pedagogy employed by the instructor and student experiences …

The Effect Of Taste On Swallowing: A Scoping And Systematic Review, Rachel Mulheren, Ross M. Westemeyer, Angela M. Dietsch

Department of Special Education and Communication Disorders: Faculty Publications

Consuming foods and liquids for nutrition requires the coordination of several muscles. Swallowing is triggered and modified by sensory inputs from the aerodigestive tract. Taste has recently received attention as a potential modulator of swallowing physiology, function, and neural activation; additionally, taste impairment is a sequela of COVID-19. This review presents factors impacting taste and swallowing, systematically summarizes the existing literature, and assesses the quality of included studies. A search was conducted for original research including taste stimulation, deglutition-related measure(s), and human participants. Study design, independent and dependent variables, and participant characteristics were coded; included studies were assessed for quality …

“I Just Stay In The House So I Don’T Need To Explain”: A Qualitative Investigation Of Persons With Invisible Disabilities, Gillian Hendry, Claire Wilson, Mairi Orr, Rebecca Scullion

Department of Special Education and Communication Disorders: Faculty Publications

Research has shown that persons with disabilities continually face discrimination. More research attention has focused on individuals’ experiences of visible disability, despite evidence that there are higher numbers worldwide of people with invisible disabilities. As such, persons with invisible disabilities can feel under-represented in disability literature. A qualitative study was conducted to address this. Twenty-five persons with an invisible disability were recruited to take part in focus groups and interviews aimed at understanding the lived experience of invisible disability on social life and within the workplace. Data were analyzed using Braun and Clarke’s reflexive thematic analysis, identifying themes of (1) …

Predicting Munsell Color For Turfgrass Leaves, William L. Berndt, Roch E. Gaussoin

Department of Agronomy and Horticulture: Faculty Publications

Linking turfgrass color to hue, value, chroma (H V/C) in the Munsell Plant Tissue Color Book is a visual comparison process for specifying and communicating plant color. If subjectivity of visual comparison can be mitigated, then accuracy of color matching may be improved. Research was conducted to develop an algorithm predicting H V/C from CIE-xyY color (xyY) in digital images of leaves of four turfgrasses. First, value-chroma (V/C) arrays for Munsell hue groups 5Y, 2.5GY, 5GY, 7.5GY, 10GY, and 2.5G were converted to xyY. Next, chromaticity (xy) plots from each array were fitted with …

Regenerating Agroecosystems By Overcoming Human Exceptionalism In Designing For Increased Equity Of Benefits From Ecoservices, Ali Loker, Charles A. Francis

Department of Agronomy and Horticulture: Faculty Publications

Our commentary explores three critical issues related to ecosystem services. First is how ecoservices are currently designed and implemented primarily for human benefit without concern for how these impact other species. We conclude that awareness of this imbalance is the first step toward meaningful change. Second we observe that human exceptionalism guides most decisions, and ask whether we can overcome this mind-set to embrace ecoregeneration and design of resilient and mutually beneficial agroecosystems. Our attitude toward the challenge and moving toward greater humility about human roles that guide management decisions in the ecosystem is a requisite for change. Third we …

Adenoviral-Vectored Centralized Consensus Hemagglutinin Vaccine Provides Broad Protection Against H2 Influenza A Virus, Erika M. Petro-Turnquist, Brianna L. Bullard, Matthew J. Pekarek, Eric A. Weaver

Nebraska Center for Virology: Faculty Publications

Several influenza pandemics have occurred in the past century, one of which emerged in 1957 from a zoonotic transmission of H2N2 from an avian reservoir into humans. This pandemic caused 2–4 million deaths and circulated until 1968. Since the disappearance of H2N2 from human populations, there has been waning immunity against H2, and this subtype is not currently incorporated into seasonal vaccines. However, H2 influenza remains a pandemic threat due to consistent circulation in avian reservoirs. Here, we describe a method of pandemic preparedness by creating an adenoviral-vectored centralized consensus vaccine design against human H2 influenza. We also assessed the …

The Application Of The Skin Virome For Human Identification, Ema H. Graham, Jennifer Clarke, Samodha Fernando, Joshua Herr, Michael Adamowicz

Nebraska Center for Virology: Faculty Publications

The use of skin virome offers a unique approach for human identification purposes in instances where a viable and statistically relevant human DNA profile is unavailable. The skin virome may act as an alternative DNA profile and/or an additional form of probative genetic material. To date, no study has attempted to investigate the human virome over a time series across various physical locations of the body to identify its diagnostic potential as a tool for human identification. For this study, we set out to evaluate the stability, diversity, and individualization of the human skin virome. An additional goal was to …

When Science Journalism Is Awesome: Measuring Audiences’ Experiences Of Awe From Reading Science Stories, Asheley R. Landrum, Kristina Janét, Kelsi Opat, Heather Akin

Department of Agricultural Leadership, Education, and Communication: Faculty Publications

In collaboration with professional science journalists, we conducted a national online survey (N = 2,088) to explore facets of awe as potential response states to science journalism and how audiences’ dispositional science curiosity may influence these response states. Our science journalist collaborators identified several “awe-inducing” articles as well as a “business-as-usual” article to use in the survey, and we measured participants’ experiences of awe using the Awe Experience Scale (AWE-S). We replicated the factor structure of the AWE-S and found that participants’ generally experienced greater awe from reading the “awe-inducing” science articles compared to the “business-asusual” one. Only partial support …