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Court Review: Journal Of The American Judges Association, Vol. 59, No. 2, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Articles

Judicial Strategies for Evaluating the Validity of Guilty Pleas; Kelsey S. Henderson, Erika N. Fountain, Allison D. Redlich, and Jason A. Cantone

Courtroom Technology from the Judge’s Perspective: A 2022-23 Update; Fredric I. Lederer

The Science of Children’s Lies (and their Detection): A Primer for Justice Practitioners; Vincent Denault and Victoria Talwar

Jury Trial Innovation Round #2; Judge Gregory E. Mize

Departments

Editor’s Note; David Prince

President’s Column:2023, the Year of Excellence! Yvette Mansfield Alexander

Thoughts from Canada: The Supreme Court of Canada Considers How the “Plain View” Doctrine Applies to Searches of Electronic Devices; Wayne K. Gorman

Crossword:Employment …

Court Review: Journal Of The American Judges Association, Vol. 59, No. 4, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Articles

The Role of the Judge in Establishing a VTC, Mishkat Al Moumin, Judge Gayle Williams-Byers, and Amber Menchio

Prospective Jurors’ Attitudes Toward Voir Dire, Wendy P. Heath and Bruce D. Grannemann

Constitutional Losses and (Some) Statutory Wins for Criminal Defendants: Select Criminal Law and Procedure Cases from the Supreme Court’s 2022-23 Term, Eve Brensike Primus and Mark Rucci

Departments

Editor’s Note, David Prince

President’s Column: The American Judges Association--Making Better Judges Since 1959, and Continuing to Lead the Way! Catherine Carlson

Thoughts from Canada: Publication Bans--The Supreme Court of Canada Considers Their Impact Upon the Conflict between the Open …

Court Review: Journal Of The American Judges Association, Vol. 59, No. 1, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Articles

Being “Human” in the Age of Artificial Intelligence; Katherine B. Forrest

Ten Tips for Getting the Most Out of an Evaluation of Your ODR Program; Donna Shestowsky and Jennifer Shack

The Dilemma of Black Coding: Assessing Algorithmic Discrimination Legislation in the United States; Clarence Okoh

Securing the Integrity of Our Judicial System: Protecting Judges Beyond the Courthouse; Ron Zayas

Want to Know More About AI? Editors’ Selections: Judge ChatBot Answers All Your Questions; David J. Dreyer

Departments

Editor’s Note; David Dreyer

President’s Column: 2023--The Year of Excellence! Yvette Mansfield Alexander

Crossword: Anonymous Oft-Quoted Remark; Vic Fleming

Thoughts from Canada: …

Scrap Mcdonnell Douglas And Its Burden-Shifting!, Carlissa Carson

Nebraska Law Review

CONTENTS

I. Introduction ...... . 393

II. The Case of Lawrence Mungin: Factual Background & Initial Judicial Proceedings....396

A. In the Beginning ..... . 396

B. Mungin Goes to Court: Take One ... . 398

III. Title VII as Applied ..... . . 399

A. Introduction to Title VII & the McDonnell Douglas Framework ..... . . 399

B. Mungin Goes to Court: Take Two ... . 406

IV. Presumptions, Burden Shifts, Obstacles .. . . 409

A. Early Caselaw & Application of McDonnell Douglas . . . 410

B. Twentieth Century Racism as Revealed Through Statistical & Experimental Analyses …

Science And Science Fiction In An Interdisciplinary First-Year Experience Honors Course, John D. Carrell, Robert G. Weiner

Honors in Practice Online Archive

Engineering and pop-culturist instructors team-teach a first-year experience course exploring science through the lenses of history, literature, film, television, and sequential art. Authors present science fiction discourses as unique for synthesizing fields in the humanities and STEM, and they present curricular and co-curricular design strategies for harnessing its potential in the honors classroom. Course objectives and outcomes are presented, with authors noting specific challenges in implementation and emendation. Adaptability and compatibility figure prominently in the successful delivery of the course. A review of literature relating to interdisciplinary education and team-teaching in honors is included.

Honors In Practice, Volume 19, 2023

Honors in Practice Online Archive

In This Issue:

Dedication to Kathleen B. King

Editor’s Introduction • Ada Long

2022 Presidential Address: The NCHC’s Inclusive Mission • Christina M. McIntyre

NCHC Article Reprinted from Inside Higher Ed: Can Honors Education Reach More Students? • Richard Badenhausen and James Buss

Essays:

Promoting Holistic Wellness in Honors Students through Peer Coaching • Leah Horton, Aaron Conrad, and Patricia J. Smith

Empowering Student Leadership amid Transition: Student-Centered Revision of First-Year Honors Peer Mentoring • Jacob R. Schlange and Tamy Burnett

Relational Peer Review Practices in the Honors Research Methods Classroom: Toward a Scaffolded and Multidisciplinary Model • Holly Riley …

Front Cover, Masthead, Contents, Call For Submissions, Dedication For Kathleen B. King

Honors in Practice Online Archive

No abstract provided.

About The Authors, Nchc Monograph Series, Publications Order Form, Back Cover

Honors in Practice Online Archive

No abstract provided.

Theory-Driven Approach To Developing Socially Responsible Leadership Among College Students Who Mentor: Commitment, Hannah Sunderman, Lindsay J. Hastings

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

The current scholarship-to-practice brief discusses a theoretically grounded intervention on developing Commitment, an individual value of the Social Change Model of Leadership (SCM), among college student mentors and adolescent mentees. The authors have previously shared developmental interventions on Consciousness of Self and Congruence (Sunderman & Hastings, 2021, in press), the other two values of the SCM. This brief highlights a two-part leader development intervention: (a) a one-hour content block with interactive activities and (b) a smallgroup, discussion-focused meeting. Specifically, the intervention focused on identifying areas of passion, examining Commitment in others, and planning a task or activity to demonstrate Commitment. …

Multisensory Experiences In Archaeological Landscapes—Sound, Vision, And Movement In Gis And Virtual Reality, Heather Richards-Rissetto, Kristy Primeau, David E. Witt, Graham Goodwin

Department of Anthropology: Faculty Publications

Archaeologists are employing a variety of digital tools to develop new methodological frameworks that combine computational and experiential approaches which is leading to new multisensory research. In this article, we explore vision, sound, and movement at the ancient Maya city of Copan from a multisensory and multiscalar perspective bridging concepts and approaches from different archaeological paradigms. Our methods and interpretations employ theory-inspired variables from proxemics and semiotics to develop a methodological framework that combines computation with sensory perception. Using GIS, 3D, and acoustic tools we create multisensory experiences in VR with spatial sound using an immersive headset (Oculus Rift) and …

“It’S Loving Yourself For You”: Happiness In Trans And Nonbinary Adults, Elliot Tebbe, Haley L. Bell, Kendal Cassidy, Sonia Lindner, Emily Wilson, Stephanie L. Budge

Department of Educational Psychology: Faculty Publications

Expanding upon the larger body of literature that focuses on adverse mental health concerns among trans and nonbinary (TNB) populations, emerging research has recently begun to investigate positive outcomes and psychological well-being among TNB people. This study contributes to this growing area of research by investigating one subjectively experienced aspect of well-being—happiness—among TNB adults residing in the central Great Plains region of the United States. For this study, 20 TNB adults participated in semistructured interviews where they were asked to reflect on how they experienced happiness generally and in relation to being TNB, and what fostered or impeded their happiness. …

Variable- And Person-Centered Approaches To Examining Construct-Relevant Multidimensionality In Writing Self-Efficacy, Morgan Les Debusk-Lane, Sharon Zumbrunn, Christine Lee Bae, Michael D. Broda, Roger Bruning, Ashlee L. Sjogren

Department of Educational Psychology: Faculty Publications

Self-efficacy is an essential component of students’ motivation and success in writing. There have been great advancements in our theoretical understanding of writing self-efficacy over the past 40 years; however, there is a gap in how we empirically model the multidimensionality of writing self-efficacy. The purpose of the present study was to examine the multidimensionality of writing selfefficacy, and present validity evidence for the adapted Self-Efficacy for Writing Scale (SEWS) through a series of measurement model comparisons and person-centered approaches. Using a sample of 1,466 8th–10th graders, results showed that a bifactor exploratory structural equation model best represented the data, …

Epigenetics And Social Inequalities In Asthma And Allergy, Elizabeth S. Clausing, Cassidy J. Tomlinson, Amy L. Non

School of Global Integrative Studies: Faculty Publications

Respiratory illnesses, such as asthma and allergy disorders, are disproportionately more common among minority racial/ethnic groups and those of low socioeconomic status. In the United States, asthma prevalence and severity are highest among Puerto Ricans (19.2%), American Indians/Alaska Natives (13%), and Black Americans (12.7%) and higher in families living below the poverty threshold than among those living above it (11% vs 8%–9%).¹ Many studies of asthma/allergy inequalities assume that genetic differences underlie racial/ethnic differences in these disorders, pointing to genetic ancestry differences between races, but most genetic variants fail to explain racial/ethnic differences and are usually studied only in …

Communication With Families: Understanding The Perspectives Of Early Childhood Teachers, Pearl Avari, Erin Hamel, Rachel E. Schachter, Holly Hatton-Bowers

Department of Child, Youth, and Family Studies: Faculty Publications

Communication between teachers and families in early childhood is a key aspect of successful teacher-family engagement. The goal of this exploratory study was to investigate how teachers communicated with families in early childhood classrooms and what they communicated about. This study of 31 teachers working with children birth to age five, primarily in the Midwestern U.S. examined how they described communication with families using semi-structured interviews. Findings indicated that teachers used multiple formats to communicate with families about children’s daily routines, developmental progress, and other relevant information. Teachers preferred in-person communication although challenges occurred due to classroom dynamics and the …

Exploring The Impact Of Pediatric Short Bowel Syndrome On Parent Well‐Being Using A Disease‐Specific Pilot Survey, Marie L. Neumann, Jessica Y. Allen, Amy Ladner, Swapna Kakani, Meaghann S. Weaver, David F. Mercer

Department of Communication Studies: Faculty Publications

Background: Children with short bowel syndrome (SBS) have complex care needs, most of which are met in the home by family caregivers who may experience a range of stressors unique to this experience. Prior research suggests that parents of children with SBS have poorer health‐related quality of life than peers parenting children without health needs, but the mechanisms shaping parent outcomes are understudied.

Methods: A pilot survey was developed using a community‐driven research design to measure the impact of disease‐specific items on parent‐perceived well‐being. The cross‐sectional survey, which included both closed‐ended and open‐ended items, was distributed to a …

Evaluating Biophilic Design Characteristics In Lincoln Public Schools, Sarah Burr

Department of Environmental Studies: Undergraduate Student Theses

A mixed qualitative-quantitative study was conducted in Lincoln, Nebraska to observe and evaluate the biophilic design characteristics in Lincoln Public Schools (LPS). There is a significant lack of nature in urban environments, especially in older buildings and schools, therefore incorporating natural elements in school buildings can promote the success of students and contribute to improved well-being. The research question this study aims to address is: How and to what degree are Lincoln Public Schools integrating biophilic design characteristics in their high school buildings? Four high schools were toured utilizing an evaluation form with 10 biophilic design characteristics and a 5-point …

Home Language Policy And Identity In Multilingual Families In Ouagadougou, Inoussa Malgoubri

Department of Teaching, Learning, and Teacher Education: Theses and Other Student Research

Language functions as both a social practice and an identity marker through which communities express themselves in arts and literature. It is intrinsically linked to culture and, by extension, identity. Consequently, "losing one's language is equivalent to losing one's identity" (G. Kedrebégo, 1998, p. 181). In an era where English serves as a lingua franca and colonial legacy languages remain the official languages throughout sub-Saharan Africa, Indigenous African languages are at risk. This collective qualitative case study aims to explore how parents navigate language choices as they strive to preserve their identity while ensuring their children are well-prepared for a …

Truth Over Lies: Why Nebraska Must End Deceptive Interrogation Tactics, Jennifer Craven

Nebraska Law Review

Nearly every law enforcement agency in the United States uses tactics derived from the interrogation method known as the Reid Technique. Police are taught that they can identify guilty suspects through behavior analysis. They can then attempt to get the suspect to confess by using deception—for example, by claiming to have physical evidence that doesn’t exist. These interrogation tactics are not just unnecessary; they have led to wrongful convictions based on false confessions.

Juveniles and individuals with mental illness or disability are the most vulnerable to giving into the pressure of deceptive interrogation and providing false confessions. Most exonerated defendants …

All Rise: Pursuing Equity In Oral Argument Evaluation, Rachel Stabler

Nebraska Law Review

CONTENTS

I. Introduction .....................439

II. Oral Argument Belongs in the Law School Curriculum. 441

III. Evaluating Oral Argument Poses Unique Challenges .448

A. Biases May Affect the Evaluation .........448

1. Cognitive Biases Unrelated to Stereotypes...448

a. The Halo Effect ..............448

b. Confirmation Bias and Teacher Expectancy Effect ...................451

2. Implicit Biases Based on Stereotypes ...... 452

a. Racial Bias ................452

b. Gender Bias ................ 455

c. Other Stereotype-Based Biases and Intersectionality .............. 458

B. Evaluating Oral Argument Can Perpetuate Norms that Burden Women and Students of Color ....460

C. It is Difficult to Ensure a Consistent Experience for the Students …

Re/Negotiating Race And Racialization For International Students Of Color In The Us, Christina W. Yao, Evangela Q. Oates, Kaleb L. Briscoe, Kathleen J. Buell, Jennifer N. Rutt

UNL Office of Research and Innovation, Social/Behavioral Sciences Research Consortium

Race in the US is shaped by a history rooted in settler colonialism, colorism, and nativism. Yet, international students are typically excluded from most conversations about race and racialization. Using Fries-Britt, George Mwangi, and Peralta’s (2014) emergent framework on learning race in US contexts, we examined international students of Color’s racialized experiences at a predominantly White institution, including how their racialized experiences were often shaped simultaneously by issues of race and racism in the US as well as preconceived notions of what their US collegiate experiences would be. Findings indicated that most students did not expect to experience racism in …

Telling Your Story: Stewardship And The Honors College, Andrew Martino

National Collegiate Honors Council Monographs: Chapters

Honors administrators, particularly honors college deans, find themselves in positions not necessarily equivalent to academic deans in other disciplines. Often, honors college deans function more like provosts in that they need to attend to multiple disciplines simultaneously, while also often carrying obligations in teaching and advising. In addition, the initiation, cultivation, and stewardship of donors to the college are essential components to the honors college dean’s portfolio. This task may be particularly challenging for a dean in honors in that many potential donors are intellectually and emotionally tied to their specific major and/or school or college. And yet, fundraising, especially …

Migrants, Covid-19, And Italy: A Multimodal Critical Discourse Analysis Of The Construction Of And Resistance To Nationalist Discourses, Alessia Barbici Wagner, Theresa Catalano, Bryan Meadows

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Migration has historically been a controversial issue around the world and one that has often been harnessed by people in power (or people hoping to gain power) for their own political agendas. In times of a global pandemic, the scapegoating of migrants has only increased, often rooted in nationalist ideologies which lead to policies and practices that harm migrants and the larger society. The present paper employs multimodal critical discourse analysis to explore how nationalist ideologies supported by right-wing populism are constructed visually and verbally during COVID-19 on Italian social media in regard to migration. We analyze Giorgia Meloni’s (leader …

From Bilingual To Biliteracy: Learning From Families, Stephanie Wessels, Guy Trainin

Department of Teaching, Learning, and Teacher Education: Faculty Publications

This study examined the home literacy practices of bilingual families. We were specifically interested in the literacy practices families developed to answer the challenge of biliteracy. Through the home visits and supplying high quality bilingual books, we listened, observed, and gained a deeper understanding of the children and their families which allowed us and educators reading this piece to make connections between children’s home literacy practices and literacy practices in the classroom. After discussing the use of bilingual books, the following four themes emerged from the data: families negotiating biliteracy using bilingual books, the role of Spanish, siblings and literacy …

Teaching Assistant Responses To Covid-19: Investigating Relationships Between Stress, Self-Efficacy, And Approaches To Teaching, Cody R. Smith, Deepika Menon, Annette Wierzbicki, Jenny Dauer

Department of Teaching, Learning, and Teacher Education: Faculty Publications

This study investigates the self-efficacy of undergraduate and graduate TAs associated with changes in instruction after the COVID-19 disruption to the spring 2020 semester.

Guiding research questions include: (i) What are the relationships among TA teacher efficacy and stress resulting from the COVID-19 disruption? (ii) What experiences do TAs describe that contribute to their stress and teacher efficacy?

Implications of the results for supporting TAs during similarly stressful events and circumstances are discussed.

Preschool Executive Control, Temperament, And Adolescent Dietary Behaviors, Katherine M. Kidwell, Tiffany D. James, Rebecca L. Brock, Amy L. Yaroch, Jennie L. Hill, Jennifer Mize Nelson, W. Alex Mason, Kimberly Andrews Espy, Timothy D. Nelson

Department of Psychology: Faculty Publications

Background Child temperament styles characterized by increased emotionality or pleasure seeking may increase risk for less healthful eating patterns, while strong executive control (EC) may be protective. The interaction of these characteristics with longitudinal outcomes has not yet been examined.

Purpose The aim of this study was to examine the association of preschool temperament and EC, as well as their interaction with adolescent eating.

Methods Preschoolers (N = 313) were recruited into a longitudinal study, with behavioral measurement of EC at age 5.25 years, temperament assessed multiple times across preschool, and eating outcomes assessed in adolescence (mean age = …

An Integrated Conceptual Framework Linking Attachment Insecurity To Increased Risk For Both Enacting And Experiencing Objectification, Frances C. Calkins, Sarah Gervais, Gemma Sáez, Meredith J. Martin, M. Meghan Davidson, Rebecca L. Brock

Department of Psychology: Faculty Publications

Sexual objectification (i.e., reducing a person to their appearance, body, or sex appeal and functions) is a significant risk factor for negative health outcomes. In the present investigation, we examined multiple manifestations of objectification (i.e., objectification of others, objectification of self, and objectification by others) in an interpersonal context. We merged objectification theory with attachment theory, one of the most prominent theories of close relationships, and propose that sexual objectification can shed light on attachment processes (and vice versa). To bolster this conceptual overlap, we tested this novel, integrated framework across two independent samples of women and men including (a) …

A Laboratory Test Of Alcohol-Related Intimate Partner Aggression: Expectancies Are Not To Blame, Laura E. Watkins, Samantha C. Patton, David Dilillo

Department of Psychology: Faculty Publications

Background: The role of alcohol expectancies and evaluations (i.e., perceived outcomes of drinking and whether these outcomes are desirable) in alcohol-related intimate partner aggression (IPA) has been debated, with some researchers arguing that expectancies fully account for the alcohol-IPA relationship and others suggesting they play a minimal if any role in alcohol-related IPA. In the current study, we examine the impact of expectancies and evaluations on alcohol-related IPA observed in the lab, in order to clarify what impact, if any, alcohol expectancies have on alcohol-related IPA. Consistent with findings from laboratory studies examining general aggression, we expected that individuals …

Abortion Decisions As Humanizing Acts: The Application Of Ambivalent Sexism And Objectification To Women-Centered Anti-Abortion Rhetoric, Rachel L. Dyer, Olivia R. Checkalski, Sarah Gervais

Department of Psychology: Faculty Publications

Women-centered anti-abortion rhetoric, grounded in ostensibly positive beliefs that pregnant people are precious objects who must be protected from having abortions, has proliferated anti-abortion activism and legislation. However, abortion stigma, marked by negative perceptions of people who terminate pregnancies, is the most widely used theoretical tool for understanding the social and psychological implications of abortion. In this article, we first integrate these two seemingly contradictory perspectives on abortion through the lens of ambivalent sexism theory. We then argue that ambivalent sexism paves the way for objectifying perceptions and treatment of pregnant people; specifically, our typology of reproductive objectification provides a …

Of Dogs And Bonds, Jeffrey R. Stevens

Department of Psychology: Faculty Publications

In four of Charles Darwin’s classic works (Darwin, 1859, 1868, 1871, 1872), the domestic dog (Canis familiaris or Canis lupus familiaris)¹ featured prominently, offering key examples to illustrate his ideas about evolution, domestication, comparative behavior and cognition, and emotional expression. Darwin held a clear fondness for dogs, and when replying to letters detailing the “sagacity” of dogs, he remarked “I can believe almost anything about them” (Darwin, 2014). Despite the early interest in their behavior and cognition by a number of leading scientists, dogs were rarely subject to serious investigation as a study species for 150 years. …

Sexual Decision Making When Intoxicated: Women’S Reasons For And Against Having Sex In A Laboratory-Based Scenario, Anna E. Jaffe, Jessica A. Blayney, Harper R. Jones, Cynthia A. Stappenbeck, William H. George, Kelly Cue Davis

Department of Psychology: Faculty Publications

Young adult women report high condom use intentions, but inconsistent condom use. Cognitive appraisals during sexual encounters are important determinants of condom use decisions, but a nuanced understanding of what cognitions emerge during women’s “hot states” (e.g., sexual arousal, alcohol intoxication) remains lacking. To address this gap, we examined women’s heat of the moment cognitions in their own words using mixed methods. Young adult women (N = 503; M_age = 25.01, SD_age = 2.66) were randomized to a beverage condition (alcohol or control), then read and responded to questions about an eroticized sexual scenario. The nature and …