Digital Commons Network^™

National Space Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter addresses national space law. While often slightly different terms such as national space legislation or national space regulation are used, the term national space law initially should be interpreted in the broadest possible sense. National law would thus refer to the totality of all relevant legal documents at the national level, whether entitled law, statute, act, decree, directive, or regulation, plus customary law, implementation by way of government authorization and jurisprudence, as relevant further explained through the writings of recognized experts.

Then, as space law encompasses “every legal or regulatory regime having …

Fish & Wildlife News: Winter 2023

Fish and Wildlife News

No abstract provided.

2023 Annual Campus Security And Fire Safety Report, University Of Nebraska-Lincoln, University Police, University Of Nebraska-Lincoln

University of Nebraska-Lincoln, University Police

2023 Annual Campus Security and Fire Safety Report, University of Nebraska-Lincoln

Safety and security information for the University of Nebraska-Lincoln, including crime and fire statistics for the 2022 calendar year, and the information required by the Drug-Free Schools and Communities Act of 1989. All data are submitted to the United States Department of Education according to law.

Exploring The Relationship Between Mindset, Mental Health, And Academic Performance Among College Students, Eileen Makak, Douglas A. Medina, Harmony D. Osei

National Collegiate Honors Council Monographs: Chapters

In recent years students’ mental health has been one of the most discussed topics at colleges and universities throughout the United States. Brad Wolverton (2019) notes in The New York Times that students are facing anxiety and depression at alarming rates. More than 60% are suffering from “overwhelming anxiety” and over 40% feel “so depressed they [have] difficulty functioning” (Wolverton, 2019). In this chapter, we explore how mental health impacts one’s academic performance and mindset, and vice versa. It is important to acknowledge that the first drafts of this chapter were written prior to 2020, and therefore it does not …

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 …

The Structural Harms Of Providing Mental Health Services Through The Bipartisan Safer Communities Act, Heather Swadley

Nebraska Law Review

Many have proclaimed that the Bipartisan Safer Communities Act is the most sweeping gun control legislation to be passed in decades. However, the bill is not primarily a gun control bill—instead, much of the Act seeks to improve mental health services in hopes of preventing gun violence. Such a move is not rooted in established evidence, which finds little predictive value in knowing an individual’s mental health history. In fact, people with mental health disabilities are more likely to be victims of violent crimes than perpetrators. The Act therefore shifts the debate about gun reform from one about easy access …

Signs: Savannah To Key West, Laura Madeline Wiseman

Zea E-Books Collection

Signs: Savannah to Key West documents an 800-mile, 13-day bicycle ride in 2018-2019. It starts fifty miles outside Savannah, Georgia, and follows the Atlantic coastline to Key West, Florida. The trip culminates in Niceville to visit a grandparent, a military veteran and an engineer born in 1924. A bicycle carries a rider through place. The voices of family carry us back and forth through time. The best journeys end with welcome visits with friends, family, and stories, those memories that hold us together, the signs that we belong.

Safety In Policy: An Assessment Of The Utilization And Perceived Efficacy Of Sex Offender Legislation, Morgan Graham

Honors Program: Senior Projects (Public)

Current sex offender legislation in the United States is the result of a number of laws passed during the 1980-1990s. This study evaluates the efficacy and perception of these laws in Nebraska, including registration, community notification, and housing restriction policies. Using data from the Nebraska Annual Social Indicators Survey (NASIS), 1,814 people from 2008 and 1,232 people from 2017 were examined to determine the efficacy and popularity of sex offender legislation and how the data has changed over time. Results showed that only a minority of Nebraskans have accessed the registry. Of those who checked, women and individuals with children …

Perceptions Of The Economy And Employment In Nonmetropolitan Nebraska: 2022 Nebraska Rural Poll Results, Rebecca J. Vogt, Heather Akin, Cheryl A. Burkhart-Kriesel, Bradley Lubben, L. J. Mcelravy, Timothy Meyer, Steven A. Schulz, Amanda Tupper

Nebraska Rural Poll

Most rural Nebraskans believe most of the listed economic items will become worse or much worse over the next 12 months when asked in May and June. Almost nine in ten think the following will become worse: inflation, gasoline or diesel fuel prices, grocery prices, and interest rates. In fact, at least four in ten rural Nebraskans believe the following items will become much worse in the next 12 months: gasoline or diesel fuel prices, inflation, grocery prices, and healthcare costs. The two items that had less than one-half believing they would become worse or much worse during the next …

Evaluating The Sensitivity Of Heatwave Definitions Among North Carolina Physiographic Regions, Jagadeesh Puvvula, Azar M Abadi, Kathryn C. Conlon, Jared J. Rennie, Hunter Jones, Jesse E. Bell

School of Natural Resources: Faculty Publications

Exposure to extreme heat is a known risk factor that is associated with increased heat-related illness (HRI) outcomes. The relevance of heat wave definitions (HWDs) could change across health conditions and geographies due to the heterogenous climate profile. This study compared the sensitivity of 28 HWDs associated with HRI emergency department visits over five summer seasons (2011–2016), stratified by two physiographic regions (Coastal and Piedmont) in North Carolina. The HRI rate ratios associated with heat waves were estimated using the generalized linear regression framework assuming a negative binomial distribution. We compared the Akaike Information Criterion (AIC) values across the HWDs …

The Challenge Of Unprecedented Floods And Droughts In Risk Management, Heidi Kreibich, Anne F. Van Loon, Kai Schröter, Philip J. Ward, Maurizio Mazzoleni, Nivedita Sairam, Guta Wakbulcho Abeshu, Svetlana Agafonova, Amir Aghakouchak, Hafzullah Aksoy, Camila Alvarez-Garreton, Blanca Aznar, Laila Balkhi, Marlies H. Barendrecht, Sylvain Biancamaria, Liduin Bos-Burgering, Chris Bradley, Yus Budiyono, Wouter Buytaert, Lucinda Capewell, Hayley Carlson, Yonca Cavus, Anaïs Couasnon, Gemma Coxon, Ioannis Daliakopoulos, Marleen C. De Ruiter, Claire Delus, Mathilde Erfurt, Giuseppe Esposito, Didier François, Frédéric Frappart, Jim Freer, Natalia Frolova, Animesh K. Gain, Manolis Grillakis, Jordi Oriol Grima, Diego A. Guzmán, Laurie S. Huning, Monica Ionita, Maxim Kharlamov, Elliot Wickham, Et Al.

School of Natural Resources: Faculty Publications

Risk management has reduced vulnerability to floods and droughts globally1,2, yet their impacts are still increasing3. An improved understanding of the causes of changing impacts is therefore needed, but has been hampered by a lack of empirical data4,5. On the basis of a global dataset of 45 pairs of events that occurred within the same area, we show that risk management generally reduces the impacts of floods and droughts but faces difficulties in reducing the impacts of unprecedented events of a magnitude not previously experienced. If the second event was much more hazardous than the first, its impact was almost …

In Celebration Of Morrissey V. Brewer At Fifty: A Surprising University Of Nebraska College Of Law Back Story To The Prisoners’ Rights Due Process Landmark, Russell E. Lovell Ii

Nebraska Law Review

The year 2022 will be the fiftieth anniversary of the Supreme Court’s 1972 landmark prisoners’ rights case, Morrissey v. Brewer.1 Morrissey was a Fourteenth Amendment due process challenge involving an Iowan whose parole was revoked without a hearing.2 But long before Mr. Morrissey was in prison, a legislative internship at the University of Nebraska College of Law (Nebraska Law) in 1968 got me involved in researching and drafting the Nebraska Treatment and Corrections Act of 1969, including state parole law. The one area of parole law not reformed by the new legislation was parole revocation, a shortcoming that was the …

Precedents Ignored: Erroneous Applications Of Due Process Precedents Lead To Unjust Consequences For Pretrial Detainees And A Lack Of Accountability For Jailers—Whitney V. City Of St. Louis, 887 F.3d 857 (8th Cir. 2018)., Deena Keilany

Nebraska Law Review

Mass incarceration has led to the confinement of 2.3 million individuals in the United States,despite a steady decline in crime rates since the 1990s.An already strained carceral system,now operating against the backdrop of a nation reeling from the global COVID-19 pandemic,has experienced an influx of detainees as demonstrators are periodically arrested for protesting the very institutions that are sending them to jail.As demonstrators are arrested and detained, often for minor offenses, many people who have not been touched by the criminal justice system before are getting a glimpse at detention facility conditions.Mass arrests and the impacts of COVID-19 on the …

Voiding The Federal Analogue Act, Andrew Fels

Nebraska Law Review

"Accordingly, [King Rex] announced to his subjects that he had written out a code and would henceforth be governed by it in deciding cases, but that for an indefinite future the contents of the code would remain an official state secret, known only to him and his scrivener. To Rex’s surprise this sensible plan was deeply resented by his subjects. They declared it was very unpleasant to have one’s case decided by rules when there was no way of knowing what those rules were."--LON L. FULLER, THE MORALITY OF LAW

If the Federal Analogue Act (Analog Act) is to be …

Once Mentally Ill, Always So? Maybe Yes. Maybe No: Addressing The 18 U.S.C. § 922(G)(4) Circuit Split And Lifetime Gun Bans For The (Formerly) Mentally Ill, Melissa J. Araiza

Nebraska Law Review

Under 18 U.S.C. § 922(g)(4), an individual who is adjudicated as mentally ill or who has received a prior involuntary commitment to a mental health institution may not possess a firearm.This federal code section was first established in the late 1960s, yet it remains unclear whether this regulation on firearms dispossession is a permanent or temporary disability.In Tyler v. Hillsdale County Sheriff’s Department (Tyler III), Clifford Tyler brought an as-applied constitutional challenge against § 922(g)(4), alleging that the statute was unconstitutional because it prevented him from possessing a firearm even though he was no longer mentally ill and …

Covid‑19 Vaccine Distribution: Exploring Strategic Alternatives For The Greater Good, Arben Asllani, Silvana Trimi

Department of Supply Chain Management and Analytics: Faculty Publications

The dire state of the COVID-19 pandemic crisis symbolized the urgency for efficient distribution and administration of vaccines to combat the virus as the most urgent public health service. This paper presents a prototype multi-criteria decision support model based on goal programming that can effectively support vaccination plans for the greater good of society. The optimization goals of the model include minimizing the number of fatalities and risk of spreading the disease, while complying with government health agency’s priority guidelines for vaccination. This study applied the model to a real-world dataset to demonstrate how it can be effectively applied as …

Fish & Wildlife News: Spring 2022, Matt Trott

Fish and Wildlife News

No abstract provided.

Transparency And Reliance In Antidiscrimination Law, Steven L. Willborn

Nebraska College of Law: Faculty Publications

All antidiscrimination laws have two structural features – transparency and reliance – that are important, even central, to their design, but have gone largely unnoticed. On transparency, some laws, like the recent salary-ban laws, attempt to prevent the employer from learning about the disfavored factor on the theory that an employer cannot rely on an unknown factor. Other laws require publication of the disfavored factor, such as salary, on the theory that it is harder to discriminate in the sunlight. Still other laws are somewhere between these two extremes. The Americans with Disabilities Act, for example, limits but does not …

2022 Annual Campus Security And Fire Safety Report, University Of Nebraska-Lincoln, University Police, University Of Nebraska-Lincoln

University of Nebraska-Lincoln, University Police

2022 Annual Campus Security and Fire Safety Report, University of Nebraska-Lincoln

Safety and security information for the University of Nebraska-Lincoln, including crime and fire statistics for the 2021 calendar year, and the information required by the Drug-Free Schools and Communities Act of 1989. All data are submitted to the United States Department of Education according to law.

Community Well-Being And Leadership In Nonmetropolitan Nebraska: 2022 Nebraska Rural Poll Results, Rebecca J. Vogt, Heather Akin, Cheryl A. Burkhart-Kriesel, Bradley Lubben, L. J. Mcelravy, Timothy Meyer, Steven A. Schulz, Amanda Tupper

Nebraska Rural Poll

Rural Nebraskans are less positive about the current change and expected future change in their communities this year. The proportion believing their community has changed for the better has typically been greater than the proportion believing it has changed for the worse. However, last year the proportion believing their community changed for the worse was slightly more than the proportion believing it had changed for the better (similar to what occurred in 2003 and 2009). This year, that gap widened a bit.

Despite that, rural Nebraskans are positive about their community by many different measures. Most rural Nebraskans rate their …

Advancing Heart, Lung, Blood, And Sleep Research (January 2022)

United States Natonal Institutes of Health: Materials

Advancing Heart, Lung, Blood, and Sleep Research is a brochure that highlights major NHLBI programs, partnership activities, as well as recent advances in science.

The Deportation Of America’S Adoptees, Deleith Duke Gossett

Court Review: Journal of the American Judges Association

The goal of the Adoption and Safe Families Act (ASFA)¹ was to promote permanency for children as early as possible. When President Clinton signed the bipartisan bill into law twenty-five years ago, Senator Mary L. Landrieu (D-La.) noted that it “will promote permanency” and “result in more children leaving hopeless situations and finding the best gift we can give a child—a permanent loving home.” While ASFA was primarily directed at children in the foster care system, advocates of international adoption have promoted the same goal of giving children a permanent, “forever home.” And for years, the United States has …

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 …

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 …

Fish & Wildlife News: Winter 2022, Matt Trott

Fish and Wildlife News

No abstract provided.

Taking Down The Eighth Circuit Monolith: Big-Ag & Ag-Gag, Kelly Shanahan

Nebraska Law Review

The term “Ag-Gag” refers to a collection of laws passed by various state legislatures to protect farm animal operations from undercover investigations and whistleblowers that document animal cruelty.1 These laws are also often referred to as farm security laws or antiwhistleblower legislation.2 There have been two phases of these laws within the United States.3 First, in the 1990s, Kansas, Montana, and North Dakota legislators passed laws in response to an uptick in terroristic bombings and arsons occurring primarily at non-farm facilities like research laboratories.4 State legislatures passed the second phase of Ag-Gag laws in the 2010s largely in response to …

Nonmetropolitan Nebraskans’ Opinions About Water, Climate, And Energy: 2022 Nebraska Rural Poll Results, Rebecca J. Vogt, Heather Akin, Cheryl A. Burkhart-Kriesel, Bradley Lubben, L. J. Mcelravy, Timothy Meyer, Steven A. Schulz, Amanda Tupper

Nebraska Rural Poll

Most rural Nebraskans receive their home tap water from city water or municipal water systems. Just over two-thirds of rural Nebraskans receive their drinking water from a municipal system. One-quarter have private well water and seven percent are on a rural water system.

Many rural Nebraskans have tested their home tap water for nitrates. However, a similar proportion indicated they have not tested their water or are unsure. Persons with higher household incomes are more likely than persons with lower incomes to have tested their home water for each of the items listed. Many persons with the lowest household incomes …

Natural Environment: Protocol To Recover Pollen Grains On Bodies, Karl J. Reinhard, A. Barbosa

School of Natural Resources: Faculty Publications

No abstract provided.

Safety Splash: Pool Safety For Children And Adults, Rachel Lofton

Honors Program: Senior Projects (Public)

This outreach project was made to address the issue of too many children drowning at pools due to a lack of water safety education. The dissemination of pool safety education is imperative to reduce accidental injuries and drownings. The goal of the Safety Splash video and supplemental materials is to provide pool safety education for children and adults. By encouraging conversations between children and adults before going to the pool, there can be an intervention that reduces the risk of injury and drowning once they arrive. Through research, I compiled information to support the effectiveness of a combination video, pamphlet, …

Development Of A Novel Vertebrate Pesticide For The Invasive Small Indian Mongoose, Carmen Antaky, Steven C. Hess, Israel Leinbach, Robert T. T. Sugihara, Emily W. Ruell, Shane Siers

United States Department of Agriculture Wildlife Services: Staff Publications

Small Indian mongooses are detrimental introduced predators in the United States, where they depredate native species, serve as vector of disease, and threaten public safety. Due to the risk of accidental introduction to mongoose-free islands, high cost and limitations to trapping, and no national (Section 3) Environmental Protection Agency (EPA)-registered toxicants for mongoose control, there is a need for an efficacious toxic bait for mongooses for use in conservation areas and at points of entry in the United States. Over the last five years, the National Wildlife Research Center (NWRC) worked to develop a toxic bait for mongooses for registration …