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Court Review: Journal of the American Judges Association

New Publications of Interest

Recent studies have exposed offender recidivism as a major public-safety issue that the courts need to address. Out of a sample of 275,000 prisoners who were released in 1994, two-thirds were arrested again within 3 years. Reports indicate that 1 in 31 adults is currently under criminal supervision. Of course, judges have some sense of local recidivism rates, as they see the same offenders over and over in the courtroom. But the public is also aware of the high level of recidivism, and general perceptions of public safety and the criminal-justice system suffer as a result. …

Studying Juror Expectations For Scientific Evidence: A New Model For Looking At The Csi Myth, Donald E. Shelton, Gregg Barak, Young S. Kim

Court Review: Journal of the American Judges Association

After a jury acquittal, the prosecutor explains the loss to the assembled media by saying that the jurors demanded too much of the government. They “wrongfully” acquitted the defendant only because the television show Crime Scene Investigation (“CSI”), or one of its many spin-offs and copycats, overly influenced them. According to the prosecutor, the jurors could not separate reality from fiction when they did not see the same kinds of advanced scientific evidence during the trial that is commonly depicted on their television screens. This fictional scenario is played out in many criminal cases. The news media quickly …

Court Review, Volume 47, Issue 3 (Complete)

Court Review: Journal of the American Judges Association

Articles

52 Selected Criminal Law Cases in the United States Supreme Court and a Look Ahead (Charles D. Weisselberg)

64 Lawyer-Assistance-Program Attorneys and the Practice of Therapeutic Jurisprudence (David B. Wexler)

68 Reading, Writing, and Interrogating: Providing Miranda Warnings to Students in Schoolhouse Interrogations (Stephanie Forbes)

Departments

50 Editor’s Note

51 President’s Column

76 The Resource Page

Selected Criminal Law Cases In The United States Supreme Court And A Look Ahead, Charles D. Weisselberg

Court Review: Journal of the American Judges Association

Perhaps to most observers, the blockbusters from the United States Supreme Court’s 2010-2011 Term were on the civil side of the docket. Yet the Court did address a number of important aspects of policing and criminal prosecutions, such as the Fourth Amendment and exigent circumstances, Miranda and juveniles, and the Confrontation Clause. I believe that the most significant criminal-law-related rulings from the past Term may turn out to be the Court’s habeas corpus cases. The justices issued a series of opinions that interpret the federal habeas statutes to afford greater deference to state courts and that make it more difficult …

Acuta Journal Of Telecommunications In Higher Education

ACUTA Journal

In This Issue

The Future of the University Telephone System

Two Approaches to Communications in the Desert

Dual-Mode Smartphones Are Shaping the Future for VolP

ADVERTORIAL: The Future of the Managed Emergency Communications System

Penn State's Voice Services: Roadmap to the Clouds

Where Are We Now...Where Are We Going?

Preparing for the Future as an ICT Professional

Videoconferencing Goes Mobile

President's Message

From the Executive Director

Q&A with the CIO

An Ethical Rabbit Hole: Model Rule 4.4, Intentional Interference With Former Employee Non-Disclosure Agreements And The Threat Of Disqualification, Part Ii, Maura I. Strassberg

Nebraska Law Review

Whether or not a lawyer can be found to have acted unethically in violation of Model Rule 4.4 initially depends upon whether the lawyer would be liable for intentional interference with the NDA between the former employee and their employer. In part, this is a matter of tort law, and in Part I of this Article, published separately at 89 NEB. L. REV. (forthcoming June 2011), I evaluated the possible application of this quite complex tort to a lawyer’s informal communication with such a former employee for the purpose of obtaining information relevant to proposed or pending litigation. What emerged …

A Climatological Analysis Of Heatbursts In Oklahoma (1994–2009), Renee A. Mcpherson, Justin D. Lane, Kenneth C. Crawford, William G. Mcpherson Jr.

United States Department of Commerce: Staff Publications

Heatbursts are characterized by a sudden and highly localized increase in air temperature, a simultaneous decrease in relative humidity and dewpoint temperature, and strong gusty winds, typically associated with decaying thunderstorms. The small spatial extent and short duration of most heatbursts makes detailed study of these events difficult using the standard federal observation network (e.g. hourly observations) established in most countries. Thus, many discussions of heatbursts note that they are ‘rare’ phenomena. However, observations from the Oklahoma Mesonet indicate that although heatbursts are meso-alpha scale phenomena, they are not rare. Using multi-criteria analysis, 207 heatburst events of various magnitudes, areal …

Leading And Managing Those Working And Living In Captive Environments, John T. Eggers, Rebecca I. Porter, James W. Gray

United States Army: Publications

I magine you are the warden of a prison or the administrator of a jail, you enter the facility, and the heavy metal door clangs shut behind you. A riot breaks out and several members of your staff are taken hostage. Fires are set in various locations. The rioting inmates, members of a gang, attack other inmates who want no part in the rebellion and are only concerned for their safety. The decisions you as a leader make are literally matters of life or death, not only for yourself, but also for your staff and those incarcerated. The dynamics of …

Ethics In Dangerous Situations, C. Anthony Pfaff, Ted Reich, Walter Redman, Michael Hurley

United States Army: Publications

To protect soldiers repairing a vehicle on a road, a platoon leader in Iraq provided protection for them by positioning two manned vehicles along possible routes that other vehicles, potentially laden with explosives, could use. In doing so, he decided not to follow the platoon's standard operating procedure (SOP), which called for controlling traffic along the road by separating nonthreatening Iraqi vehicles from suspicious ones. He believed that he was being"paid to exercise judgment," so he broke from routine. Because he knew the enemy had used snipers against soldiers on this road in the past, he calculated that the risk …

Proceedings From The National Pipeline Safety Forum

United States Department of Transportation: Publications

The Forum was organized around three panel discussions intended to prompt discussion related to and culminating in the actions that PHMSA, states, and industry can take to increase pipeline safety. First, discussions were focused on both the known and perceived risks posed by pipelines, including the means by which these risks and threats are identified, measured, and evaluated. The second objective was to discuss the nature, scope, and extent of the challenges facing the industry and regulators as they decide how best to address and eliminate or mitigate these risks, and prevent future incidents. Financially-driven challenges were addressed along with …

Water Current, Volume 43, No. 1, Winter 2011

Water Current Newsletter

UNL Water Center Becomes Groundwater Guardian

Water Tour Will Visit North Central Nebraska July 12-14

From the Interim Director: Back from the Czech Republic for a Second

Meet the Faculty: Diego Riveros-Iregui, Ph.D., Stephen L. Young, Ph.D.

Free Water and Natural Resources Lectures Continue

North American Invasive Plant Ecology and Management Short Course

Geothermal: Nebraska's Abundant, Renewable, and Clean Energy

WRAP Gets January Updates

Jess Gets 2010 Kremer Groundwater Award

POWER......One Word, Many Definitions

Past Environmental Programs, Water Center Director Passes

EPA Monitoring Hexavalent Chromium

Central Platte NRD, Farmers Work Six Mile Canal Deal

EPA Approves Nebraska's 2010 List of …

Managing White-Tailed Deer: Midwest North America, Kurt Vercauteren, Scott E. Hygnstrom

School of Natural Resources: Faculty Publications

It easily can be said that the white-tailed deer is the most important species of wildlife in the midwestern United States. Approximately 10 million white-tailed deer inhabit the Midwest, which is more than any other region in North America. Further, many of the most impressive whitetails have come from the Midwest (Figure 17.1). Dramatic changes have occurred on the landscape since European settlement that influenced populations of white-tailed deer in this region. Timber harvest in the north and east and agricultural tillage and residential development throughout the region have had both positive and negative impacts on deer numbers. White-tailed deer …

Laboratory Assays Of Select Candidate Insecticides For Control Of Dendroctonus Ponderosae, Christopher J. Fettig, Christopher J. Hayes, Stephen R. Mckelvey, Sylvia R. Mori

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

BACKGROUND: The mountain pine beetle, Dendroctonus ponderosae Hopkins (Coleoptera: Curculionidae, Scolytinae), is the most destructive bark beetle in western North America. Dendroctonus ponderosae can be prevented from successfully colonizing and killing individual trees by ground-based sprays of insecticides applied directly to the tree bole. However, the future availability of several active ingredients, including carbarylwhich is most commonly used in thewestern United States, is uncertain. Two novel insecticides, cyantraniliprole [Cyazypyr ™-OD (oil dispersion) and Cyazypyr ™-SC (suspension concentrate)] and chlorantraniliprole (Rynaxypyr ®), and carbaryl were assayed in both filter paper and topical assays.

RESULTS: Compared with 20 000 mg L^{−1 …}

The Carrot Or The Stick? Evaluation Of Education And Enforcement As Management Tools For Human-Wildlife Conflicts., Sharon Baruch-Mordo, Stewart W. Breck, Kenneth R. Wilson, John Broderick

United States Department of Agriculture Wildlife Services: Staff Publications

Evidence-based decision-making is critical for implementing conservation actions, especially for human-wildlife conflicts, which have been increasing worldwide. Conservation practitioners recognize that long-term solutions should include altering human behaviors, and public education and enforcement of wildlife-related laws are two management actions frequently implemented, but with little empirical evidence evaluating their success. We used a system where human-black bear conflicts were common, to experimentally test the efficacy of education and enforcement in altering human behavior to better secure attractants (garbage) from bears. We conducted 3 experiments in Aspen CO, USA to evaluate: 1) on-site education in communal dwellings and construction sites, 2) …

Regulated Commercial Harvest To Manage Overabundant White-Tailed Deer: An Idea To Consider?, Kurt C. Vercauteren, Charles W. Anderson, Timothy R. Van Deelen, David Drake, W. David Walter, Stephen Vantassel, Scott E. Hygnstrom

United States Department of Agriculture Wildlife Services: Staff Publications

Declines in hunter recruitment coupled with dramatic growth in numbers of white-tailed deer (Odocoileus virginianus) have challenged our ability to manage deer populations through regulated hunting. We review the efficacy of current regulated hunting methods and explain how they are unable to reduce deer numbers sufficiently in some environments. Regulated commercial harvest would provide an additional tool to help state wildlife agencies manage overabundant populations of white-tailed deer. We outline potential means to govern regulated commercial deer harvest and explain how it is compatible with the North American Model of Wildlife Conservation. We identified several benefits, including reduced …

Detection And Quantification Of Poliovirus Infection Using Ftir Spectroscopy And Cell Culture, Felipe T. Lee-Montiel, Kelly A. Reynolds, Mark R. Riley

Department of Agricultural and Biological Systems Engineering: Faculty Publications

Background: In a globalized word, prevention of infectious diseases is a major challenge. Rapid detection of viable virus particles in water and other environmental samples is essential to public health risk assessment, homeland security and environmental protection. Current virus detection methods, especially assessing viral infectivity, are complex and time-consuming, making point-of-care detection a challenge. Faster, more sensitive, highly specific methods are needed to quantify potentially hazardous viral pathogens and to determine if suspected materials contain viable viral particles. Fourier transform infrared (FTIR) spectroscopy combined with cellular-based sensing, may offer a precise way to detect specific viruses. This approach utilizes infrared …

Commenting On Cannabis: Testing News Fragmentation Using Reader Comments On California's Proposition 19, John D. Beecham

College of Journalism and Mass Communications: Theses

This content analysis studies reader comments on news articles pertaining to the issue of California’s Proposition 19—the “Tax Cannabis Initiative” to legalize marijuana. It investigates whether these reader message boards are consistent with news fragmentation theory, by examining whether the distribution of “yes” and “no” opinion on alternative media sites’ message boards is more homogenous than the distribution of opinions on mainstream news sites’ message boards. This study also uses a thematic analysis to investigate whether the mainstream media, as represented by editorial board endorsements by daily California newspapers, influences themes used by reader comments on Proposition 19. Results show …

Report Of The Federal Interagency, Devils Lake Working Group

United States Army Corps of Engineers, Omaha District

The Devils Lake, North Dakota, region has experienced a dramatic wet cycle since 1992 that has caused the lake level to rise nearly 30 feet. The resulting flooding has negatively impacted the residents, infrastructure, and communities in the region. Additional flooding could pose an unacceptable risk of an uncontrolled overflow that could cause catastrophic flooding downstream. This report presents the results of an intensive Federal interagency effort that was initiated to assess the status of the efforts of each major Federal agency actively addressing the flooding in the area of Devils Lake and options for additional near-term actions within existing …

Second Generation Precast Deck Panel (Nudeck) System, Kromel E. Hanna, George Morcous, Maher K. Tadros

Nebraska Department of Transportation: Research Reports

No abstract provided.

Nebraska Forest Service: Storm Damage Series, Nebraska Forest Service Storm Damage Bulletins

Nebraska Forest Service: Publications

Immediate Care for Storm Damaged Trees; How to Select an Arborist or Tree Service; Pruning Storm Damaged Trees; Large Tree Pruning and Care; Don’t Top Trees; Recognizing and Correcting Tree Hazards; Tree Selection and Placement; Tree Planting; Care of Newly Planted Trees; Storm Damage Resources;

The Joint Fire Science Program’S First 10 Years, Gail Wells

Joint Fire Science Program Digests

Fire scientists and managers at the 4th International Fire Ecology and Management Congress offer their thoughts about the Joint Fire Science Program’s accomplishments, challenges, and future direction

Preservation Ethics In The Case Of Nebraska's Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966–1975), the Commercial Architecture Era (1976–1991), and the Progressive Planning Era (1992–2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources pertaining to the settlement of the …

On A Quest For Safer Skies: Managing The Growing Threat Of Wildlife Hazards To Aviation, Gail Keirn, Jonathon D. Cepek, Bradley Blackwell, Travis L. Devaul

United States Department of Agriculture Wildlife Services: Staff Publications

The images remain indelible: On a chilly January day in 2009, a United States Airways Airbus A320 departed from New York’s LaGuardia Airport. About five miles out, flying at 2,000 feet, it collided with a flock of Canada geese (Branta canadensis), severely damaging the plane’s engines. Within minutes of the collision the pilot safely conducted an emergency landing on the Hudson River. All 155 passengers survived.

Memento, Sarah Rollman

Interior Design Program: Terminal Projects

Executive Statement

The focus of this project will be the tattoo parlor and bringing a new identity to the industry. The business is an artistic and creative one that will work well in the historic district among architecture and design firms, graphic design and branding firms, art galleries, and advertising firms.

Tattooing was widely practiced by many cultures in the ancient world, and was associated with a high level of artistic endeavor. The imagery of ancient tattooing is very similar to that of modern tattooing, and throughout history tattooing, like other forms of body decoration, has been related to the …

Acuta Journal Of Telecommunications In Higher Education

ACUTA Journal

In This Issue

Thanks You for Serving on an ACUTA Committee

The Future of Fixed Mobile Convergence

Technology Forecast for Ohio: Cloudy with Lingering Savings

From Macrocells to Femtocells: Cellular Coverage and Capacity Enhancement Demystified

Distributed Antenna Systems-Sometimes You Just Have to Do Things Yourself!

Navigating Today's Complex Voice Roadmap

lf You Build lt, Will They Come?

Maximizing the lT Budget for Success: The Sage Colleges'Journey of Efficiency and Creativity

2009 ACUTA Ruth A. Michalecki Leadership Award

2009 Bill D. Morris Award

Interview

President's Message

From the Executive Director

Q&A from the CIO

Acuta Enews April 2010, Vol 39, No. 4

ACUTA Newsletters

ln This lssue

From the President.. ...,Harvey "Buck" Buchanan, Florida State Univ., ACUTA President

Board Report...........,.. George Denbow, Univ of Texas, ACUTA Secretary/Treasurer

Tech Talk Riding the Hype Cycle ...Kevin Tanzillo, Dux PR

Washington Update Newsletter

DC Update Dave Ostrom, Washington State Univ (retired)

Magnussen Named to Pandemic Planning Working Group

Congratulations to Sharon Stille and Mark Watters

Add Names from Your Campus to Your ACUTA Roster

Member Anniversaries

Multi-Event Discount: Attend More in 2010 and Save More!

Welcome New Members

Check lt Out: Press Releases...Job Postings...RFls/RFPs...Special Deals

Acuta Enews February 2010, Vol 39, No. 2

ACUTA Newsletters

In This Issue

From the President.......... Harvey "Buck" Buchanan, Florida State Univ. ACUTA President

Tech Talk: MANET: Not the Art, but the Science......... Kevin Tanzill, Dux PR

Cast Your Vote for ACUTA Board

DC Update........... Dave Ostrom, Washington State Univ. (retired)

Overheard on the Listserv: Handling Large Volumes of Incoming Calls

Washington Update Newsletter

Your State/Province Could Be #1

A Rank Amateur's Guide to Twitter........... Daphne Gray-Grant

Thanks to Sponsors for 2009

Multi-Event Discount: Attend More in 2010 and Save More!

Bring Winter Seminar to Your Desktop

Board Report............ George Denbow, Univ. of Texas, ACUTA Secretary/ Treasurer

Info Links........... Randy …

Campus Safety: Assessing And Managing Threats, Mario Scalora, Andre Simons, Shawn Vanslyke

Mario Scalora Publications

Since the shootings at Virginia Tech, academic institutions and police departments have dedicated substantial resources to alleviating concerns regarding campus safety. The incident in Blacksburg and the similar tragedy at Northern Illinois University have brought renewed attention to the prevention of violence at colleges and universities.

Campus professionals must assess the risk posed by known individuals, as well as by anonymous writers of threatening communications. The authors offer threat assessment and management strategies to address the increased demands faced by campus law enforcement, mental health, and administration officials who assess and manage threats, perhaps several simultaneously.

Second Generation Precast Deck Panel (Nudeck) System, Maher K. Tadros Ph.D., P.E., Kromel E Hanna, George Morcous Ph.D.

Mid-America Transportation Center: Final Reports and Technical Briefs

The majority of today’s bridge decks are built using cast-in-place concrete construction. This is due to the perceived low initial cost and constructor familiarity with the system. This research report describes the design, details, and construction of an innovative full-depth precast concrete bridge deck system – the Second Generation NUDECK (Nebraska University Deck). The quality of this system is far superior to castin- place construction. Cast-in-place concrete bridge decks experience cracking shortly after construction due to differential creep and shrinkage with the supporting beams. This leads to bridge deck deterioration; a problem that is not experienced with the virtually crack-free …

Upland Oak Regeneration, Elise Lequire

Joint Fire Science Program Briefs (2007-2012)

Along the ridgetops and in the coves of Kentucky’s Cumberland Plateau, oak forests are in a state of transition. Mature oaks still tower over the forest floor and produce acorns that provide nourishment for wildlife. Those acorns also once ensured new generations of oak from seedlings and saplings. Beneath the canopy, however, a fierce competition for light is placing the future of upland oak forests in jeopardy. Once a frequent visitor that cleared the understory, opened the canopy, and allowed sunlight to penetrate to the forest fl oor, fire has been basically absent for nearly a century. Reintroduced as part …