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Drunk Drivers Beware! Nebraska Adopts Administrative License Revocation, Timothy L. Moll

Nebraska Law Review

I. Introduction

II. Development of Drunk Driving Law in Nebraska

III. LB 291: Expanding the Administrative Role

IV. Issues in Administrative License Revocation ... A. Constitutionality ... B. Tools of Litigation ... C. Substantive Issues ... 1. Operation or Actual Physical Control of Vehicle ... 2. Investigative Stop ... 3. Probable Cause for Arrest ... 4. Advisement of Consequences ... 5. Chemical Test Results—Establishing Failure ... 6. Actions Constituting Refusal … D. Procedural Issues ... 1. Burden of Proof ... 2. Officer Actions ... 3. Appeal in District Court ... a. Perfecting the Appeal ... b. Temporary Stay of Revocation …

Editorial Matter 1993

To Improve the Academy: A Journal of Educational Development

Ordering Information

Permission to Copy

Instructions to Contributors for the 1994 Volume

Foreword

Mission Statement

Membership

Conference and Programs

Contents

List of Contributors

About POD

The Teaching Consultants' Workshop, Michael A. Kerwin, Judith Rhoads

To Improve the Academy: A Journal of Educational Development

This paper describes the Teaching Consultants' Workshop offered in the Teaching Consultation Program in the University of Kentucky Community College System. Faculty members from different campuses, who have been recognized by their colleagues as outstanding teachers and who have attended a training workshop, serve as consultants. The consultants attend the workshop after completing the information collection phase in work with individual clients. Consultants present their clients to each other through collected data and videotape, and discuss alternative teaching strategies that might be used in each case.

Unpopular But Not Unfair: The Fifth Circuit Considers The Terms But Ignores The Endearment In Mcgann V. H & H Music Co., 946 F.2d 410 (5th Cir. 1991), Cert. Denied, 113 S. Ct. 482 (1992), Craig C. Dirrim

Nebraska Law Review

In McGann v. H & H Music Co., the United States Court of Appeals for the Fifth Circuit enraged AIDS activists and alarmed employees nationwide when it ruled that an employer could effectively "discriminate," albeit indirectly, against employees with life-threatening diseases by decreasing the caps on health benefits to nearly nothing. Recently, the United States Supreme Court denied certiorari in the matter allowing the decisions of the district and circuit courts to stand. This Note analyzes the decision and rationale of the Fifth Circuit. A brief factual background of the case is given, followed by a discussion of the …

Great Plains Research News And Notes - Vol. 2, No. 2, 1992

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Contents:

Conferences

Call for papers

Law And Science: An Introduction, John R. Wunder

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Law and science have been nervous partners for decades. Legal scholarship based upon scientific method, controversial at first, is now an established genre of the literature. It is particularly prominent in criminal justice studies, but it can be found in almost any aspect of legal research.

Social scientists in criminology, political science, and economics have addressed legal issues, but they are less apt to restrict their conclusions to locality or region or subject matter. For the study of regions, historians have the edge, and some historians have adopted scientific methodologies to investigate the history of law. One of the most …

Review Of The Trial Of Leanard Peltier., John Krejci

Great Plains Quarterly (through 2013)

On 26 June 1975 in a firefight on the Pine Ridge Indian Reservation between the FBI and AIM, two FBI agents were killed. AIM member Leonard Peltier and three other Indians were arrested. Only Peltier was convicted. The Trial of Leanard Peltier carefully documents the trial in its social and historical context.

Culpability And The Sentencing Of Corporations, William S. Laufer

Nebraska Law Review

Part I of this article reviews general principles of corporate liability. Part II examines pre-conviction assessment of culpability. Part III considers post-conviction assessment of culpability. Part IV discusses sentencing in relation to culpability. Part V briefly contrasts proposals for determining genuine corporate intent with culpability provisions found in extant law.

Criminal Sanctions In Accidental Oil Spill Cases—Punishment Without A Crime, Sharona Hoffman

Nebraska Law Review

I. Introduction

II. Criminal Prosecution in United States v. Exxon Corporation and Exxon Shipping Company: What About Criminal Intent?

III. Criminal Penalties in Cases of Oil Spill Accidents Are Superfluous in Light of the Civil Law Regulations and Remedies That Guard against Environmental Abuses

IV. Other Legal and Policy Arguments That Militate against the Criminalization of Accidental Oil Spills

V. Conclusion

Wake Up And Die Right: The Rationale, Standard, And Jurisprudential Significance Of The Competency To Face Execution Requirement, Robert F. Schopp

Nebraska College of Law: Faculty Publications

Contemporary American criminal law prohibits the execution of those who are not competent to face execution. The state cannot execute convicted offenders, including those who have been sentenced to death for capital crimes under valid law and through acceptable procedures, unless those offenders are competent at the time of execution. Although this requirement applies in all states that practice the death penalty and traces its heritage deep into the common law, its exact formulation remains controversial as does the appropriate rationale and the corresponding procedure.'

Five identifiable questions have troubled courts and commentators. First, what rationale justifies this requirement? Second, …

Capitalist Punishment: The Wisdom And Propriety Of Private Prisons, Stephanie Frazier Stacy

Nebraska Law Review

This session, the Nebraska Legislature will again be considering a bill which, as introduced, gave the Nebraska Department of Correctional Services (DCS) authority to contract with the private sector for incarceration of those persons committed to the Department's custody. The purpose of this Comment is to familiarize the reader with some of the problems posed by prison privatization in general and point out possible constitutional obstacles facing privatization in Nebraska. Part II of this Comment provides background on the magnitude of today's prison crisis and presents arguments most commonly propounded both for and against private prisons. Part III considers possible …

Legal Research Tools For The Nebraska Practitioner: An Annotated Bibliography, Sally H. Wise, Patricia A. Cervenka

Nebraska Law Review

The intent of this article is to provide an annotated list of materials that may be useful in doing Nebraska legal research or for the acquisition of materials for a practitioner's library. The list may be of help to the new attorney who does not know the range of subjects covered by publications. The bibliography should also be of interest to the experienced attorney who has not had the opportunity to learn about the materials available online or on compact disk.

I. Introduction

II. Reference Works ... A. Reference Guides ... 1. Books ... 2. Computers ... B. Form Books …

Roscoe Pound And Academic Community On The Great Plains: The Interactional Origins Of American Sociological Jurisprudence At The University Of Nebraska, 1900-1907, Michael R. Hill

Department of Sociology: Faculty Publications

The turn-of-the-century academic community at the University of Nebraska differed sharply from today's highly stratified, bureaucratized, multiversity setting. The campus, the student body, and the instructional staff were, of course, considerably smaller in number than now. But, beyond this obvious demographic observation, there was a pioneering spirit and a sense of scholarly community that fostered remarkable intellectual creativity. In particular, the Nebraska campus provided the collegial setting from which Roscoe Pound's American version of sociological jurisprudence sprang forth in a resounding critique of the U.S. legal establishment at the 1906 meetings of the American Bar Association (cf., Pound 1906; Harding …

Edith Abbott (1876-1957), Mary Jo Deegan, Michael R. Hill

Department of Sociology: Faculty Publications

Abbott was the first woman dean of a graduate school in an American university and, simultaneously, the first dean of the first graduate school of social work in the nation. Her leading role in social work overshadowed her deep roots in sociology, in which she was a major scholar of her day. She was a prolific author (Marks 1958) and specialized in the study of women's rights and wages. Her life was dedicated to the eradication of social inequality facing blacks, immigrants, people in poverty, and laborers. Abbott championed the use of statistical data at the University of Chicago during …

Hattie Plum Williams (1878-1963), Michael R. Hill, Mary Jo Deegan

Department of Sociology: Faculty Publications

The professional life of Hattie Plum Williams unfolded on the geographically isolated Great Plains of eastern Nebraska. She is the first woman known to chair a coeducational, doctoral department of sociology, and as the author of major studies on Russian German immigrants, she made significant disciplinary contributions to sociology. As a woman caught between changing definitions of the division of labor in sociology during the 1920s, she often is characterized as a social worker, although her professional allegiance remained to sociology. Williams epitomized the first generation of professional women sociologists on the Great Plains.

Self-Study Report: 05 Undergraduate Teaching Program (Departmental Thrust)

Department of Agricultural Leadership, Education, and Communication: Materials and History

Table of Contents:

Departmental Strategic Plan for the Undergraduate Curriculum

Departmental Strategic Plan for Recruitment, Retention, and Placement

Summary of Accomplishments 1984-1989

Undergraduate Program Goals and Objectives

Table 4.1 Teaching Faculty and Appointments

1989 Teaching Assignments

Undergraduate Curriculum and Options

List of Courses of Instruction

Figure 4.1 Agricultural Training and Developmental Options

Student Advising

Recruitment, Retention, and Placement

Figure 4.2 Current Undergraduate Promotional Brochure

Employment Trends

Table 4.2 Departmental Majors, 1985-1986 to 1989-1990

Table 4.3 Number of Degrees Awarded by Level

Table 4.4 Student Registrations in the Department by College

Table 4.5 Average Class Size, and Student Credit Hours

Table …

Involuntary Outpatient Commitment For The Chronically Mentally Ill, Jillane T. Hinds

Nebraska Law Review

I. Introduction: The (Perceived) Need for Outpatient Commitment

II. Commitment to Outpatient Treatment ... A. Outpatient Commitment or Conditional Release? ... 1. Conditional Release ... 2. Outpatient Commitment ... B. Outpatient Treatment ... 1. Treatment Planning ... 2. Review ... 3. Right to Refuse Outpatient Treatment

III. Enforcement: Revocation of Outpatient Commitment ... A. Statutory Procedures ... B. Constitutional Requirements ... C. Analysis

IV. Criteria for Involuntary Commitment ... A. The Dangerousness Standard ... B. A Lower Standard for Outpatient Commitment?

V. Conclusion: Summary and Recommendations

Psychodynamics And The Insanity Defense: "Ordinary Common Sense" And Heuristic Reasoning, Michael L. Perlin

Nebraska Law Review

I. Introduction

II. Psychodynamics and the Insanity Defense: Piercing the Veil of Consciousness ... A. Introduction ... B. The Significance of Wrong Verdicts ... C. The Behavioral Roots of Insanity Defense Decisionmaking—The Power of Heuristic Reasoning … 1. The Insanity Defense and Human Inference ... D. Ordinary Common Sense (OCS): The Unconsciousness of Legal Decisionmaking ...1. Introduction ... 2. OCS and the Insanity Defense ... 3. Jurisprudential Approaches to Explaining Deviance ... 4. Conventional Morality ... 5. OCS and Judicial "Cognitive Dissonance"... 6. A Twilight Zone: OCS and Individual Jury Verdicts

III. OCS and Heuristic Reasoning in Action: Two Case …

Reviewing The Empirical Evidence On Jury Racism: Findings Of Discrimination Or Discriminatory Findings?, Jeffrey E. Pfeifer

Nebraska Law Review

I. Introduction

II. Empirical Evidence of Jury Racism ... A. Laboratory Research ... B. Archival Research

III. Evaluation of Evidence ... A. Limitations of Archival Research ... B. Methodological Limitations of Laboratory Research … C. Predictive Limitations of Laboratory Research ... D. Correspondence Limitations of Laboratory Research … E. Additional Laboratory Research

IV. Conclusion

Attitudes Toward Corporate Responsibility: A Psycholegal Perspective, Valerie P. Hans

Nebraska Law Review

This article examines psycholegal aspects of corporate responsibility for wrongdoing, focusing in particular on public attitudes toward the responsibilities of corporations for harm caused by the corporations. The article draws on psychological theory and method to study the factors that lead people to hold corporations culpable for harms. One aim of the article is to begin to develop a systematic account of such judgment processes. Other purposes are to demonstrate the advances in knowledge about corporate wrongdoing that could be gained by incorporating psycholegal research and theory, and to draw the attention of psycholegal scholars to this fertile and inreasingly …

Treatment Of The Mentally Disabled: Rethinking The Community-First Idea, Christopher Slobogin

Nebraska Law Review

I. Introduction

II. The Legal Basis of the Community-First Movement

III. A Critical Look at the Arguments in Favor of the Community-First Idea ... A. The Least Restrictive Alternative Rationale ... B. Effectiveness ... 1. Involuntary Care ... 2. Voluntary Care ... C. Family Contacts ... D. Individual Integration ... E. Group Integration

IV. Conclusion

Dispositional Decisionmaking In The Juvenile Justice System: An Empirical Study Of The Use Of Offense And Offender Information, Alan J. Tomkins

Nebraska Law Review

I. Introduction

II. Historical Overview of Decisionmakers' Discretion in the Juvenile Justice System ... A. The Use of Psychosocial Information about the Offender in Juvenile Justice Decisionmaking ... B. The Use of Legal Information about the Offense in Juvenile Justice Decisionmaking ... C. Post-Adjudication Disposition Decisions: A Particular Case for the Use of Offender and Offense Information

III. Empirical Research on Dispositional Decisionmaking ... A. Previous Empirical Research Efforts ... B. The Present Study ... 1. Subjects for the Present Study ... 2. Measures Used in the Study ... 3. Results ... a. Descriptive Analyses ... b. Bivariate Correlations ... …

Preventing The Detention Of Noncriminal Mentally Ill People In Jails: The Need For Emergency Protective Custody Units, James R. P. Ogloff, David Finkelman, Randy K. Otto, Denise J. Bulling

Nebraska Law Review

I. Introduction

II. The Jail Experience and Its Psychological Effects

III. Detaining Mentally Ill People in Jails ... A. The Prevalence of Mental Illness in Jails ... B. The Criminalization Hypothesis ... C. Importance of Addressing Mental Health Concerns in the Criminal Justice System ... D. Criminal Justice System or Mental Health System?

IV. Alternatives to Detaining Mentally Ill People in Jails ... A. Secure Mental Hospitals ... B. General Hospitals ... C. Private Hospitals and Mental Health Facilities ... D. Other Institutions ... E. Emergency Protective Custody Facilities

V. Statutory Restrictions for Detaining Mentally Ill People in Jails ... …

The Praise Of Folly: A Defense Of Practice Supervision In Clinical Legal Education, Stephen T. Maher

Nebraska Law Review

I. Introduction

II. The Common Characteristic of Externships: Field Placement

III. A Categorization and Evaluation of Externships ... A. Case Supervised Clinical Programs ... B. Practice Supervised Clinical Programs

IV. The Weaknesses of Practice Supervised Programs ... A. Two Preludes ... 1. The Shift from Service to Education ... 2. Supervision: Changing Perspective ... B. An Evaluation of Other Concerns

V. Designing Better Practice Supervised Clinical Programs ... A. Prerequisites ... B. Course Component … C. Journals and Other Written Assignments ... D. Time and Activity Reports ... E. Placement Selection ... F. Program Materials ... G. Training and Monitoring …

Pod Membership Directory And Networking Guide 1988-89

Professional and Organizational Development Network in Higher Education: Archives

Membership Directory

Members by Location

Members by Institutional Type

Taking Gault Seriously: Toward A New Juvenile Court, Gary B. Melton

Nebraska Law Review

I. Introduction

II. Historic Rationales for the Juvenile Court ... A. Juveniles Are Not Responsible ... 1. The Legal Framework ... 2. The Psychological Evidence ... a. Changing Views of Children's Competence ... b. The Low Expectations of the Criminal Law ... c. The Lack of Congruence between Competence and Responsibility ... d. Some Preliminary Conclusions ... B. Juveniles Are Especially Amenable to Treatment ... C. Formal, Adversary Procedures Are Not Conducive to Rehabilitation ... D. Summary: A Bankrupt Legal Theory

III. Why Due Process Requires a New Juvenile Court ... A. The Developmental Psychology of Procedure ... 1. The …

Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill

Department of Sociology: Dissertations, Theses, and Student Research

Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …

Mari Sandoz’ Sociological Imagination: Capital City As An Ideal Type, Michael R. Hill

Department of Sociology: Faculty Publications

This paper examines Mari Sandoz' (1939) novel Capital City from the perspective of sociology. ‘I outline Sandoz' data collection methods and consider her use of ideal-type analysis and sociological imagination. From the perspective of literary critics it may be, as Helen Stauffer (1982: 131) judged, that Capital City "is not a successful novel." It is not my purpose, however, to contest the merit of Sandoz' work on literary grounds. Rather, I invoke the viewpoint of the sociologist and note the criteria on which I conclude that Capital City is a complex and well-executed sociological study.

Institutionalized Delinquent And Maladjusted Juveniles: A Psycholegal Systems Analysis, Sandra Anderson Garcia, Eric Drogin, Robert Batey, Richard E. Spana

Nebraska Law Review

I. Introduction

II. The Criminal Justice and Mental Health Systems ... A. Angles A¹ and A² ... B. A¹→B¹, or A²→B² … C. Angles B¹ and B² ... D. The Shuffle: A¹→C¹→A¹ or A²; or A²→C²→A² or A¹; or A¹→B² or C¹→B² ... E. The Merger ... F. Prospects for Change ... G. Summary

III. The Juvenile Justice System ... A. Legal Rights at Intake in the Juvenile Justice …

The Right Of Juvenile Offenders To Be Punished: Some Implications Of Treating Kids As Persons, Martin R. Gardner

Nebraska Law Review

I. Introduction

II. Persons and Punishment

III. The Rights of Young People ... A. Protection Rights ... 1. The Traditional Juvenile Justice Movement ... 2. The Right to Rehabilitation ... B. Personhood Rights ... 1. The New Juvenile Justice ... 2. The Right to be Punished ... C. Accommodating Protection and Personhood Rights

IV. A Constitutional Right to be Punished? ... A. Eighth Amendment Legislative History ... B. Eighth Amendment Values ... C. Robinson v. California: A Case for Consideration ... D. Judicial Scrutiny of Infringements of the Right to Be Punished ... E. Implementing the Right to Be …