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Legislation And Its Interpretation: A Primer, Richard A. Posner

Nebraska Law Review

My plan is, after a brief introductory discussion of the history of legislation scholarship, to propose a model of the legislative process and then examine the problems of statutory interpretation in light of this model and other pertinent considerations. My discussion draws on economics, political science, and philosophy. Although legislation, broadly defined, includes constitutional enactments, I shall try to avoid issues peculiar to constitutions and their interpretation. There is no shortage of discussion of such issues; in contrast, the legal community has rather neglected the equally important issues surrounding legislation and its interpretation.

Nebraska Probation Revocation: A Primer, Alan G. Gless

Nebraska Law Review

I. Introduction

II. Statutory Framework Following Probation Violations … A. Probation Violation Arrest Warrants ... B. Bail for Alleged Probation Violators ... C. Conclusion

III. The Gagnon Revolution ... A. Pre-Gagnon Probation Revocation Rules in Nebraska ... B. Morrissey v. Brewer ... C. Gagnon v. Scarpelli: Its Impact on Probation Revocation

IV. The Preliminary Hearing ... A. Nature of the Hearing ... B. The Preliminary Hearing Requirement ... C. Preliminary Hearing Venue ... D. Identity of the Hearing Officer ... E. Hearing Officer Reports

V. The Final Hearing ... A. Nature of the Final Hearing ... B. Violations …

Roscoe Pound’S Sociological Library: The Foundations Of American Sociological Jurisprudence, Michael R. Hill

Department of Sociology: Faculty Publications

Roscoe Pound was an interdisciplinarian of the first order. His active reformation of legal thought and administrative practice in the United States was grounded in careful study of European and American legal and social theorists. He read widely in the discipline of sociology, as the following bibliography of his personal sociological book collection attests. Pound's study of sociology reached more widely and deeply than cursory examination of his published work reveals.

This bibliographic essay introduces modern scholars to the theoretical and intellectual contributions of the discipline of sociology to the foundations of twentieth-century juristic thought in the United States as …

Returning To M'Naghten To Avoid Moral Mistakes: One Step Forward, Or Two Steps Backward For The Insanity Defense, Robert F. Schopp

Nebraska College of Law: Faculty Publications

The history of the not guilty by reason of insanity (NGRI) defense has been characterized by an extended search for a satisfactory standard. For many years, the M'Naghten test was the standard applied by the majority of courts in the United States. The M'Naghten test has been widely criticized, however, as being too narrow, over-emphasizing the cognitive aspect of personality, and artificially restricting the scope of expert testimony. In 1955, the American Law Institute (ALI) proposed an alternative standard as part of its Model Penal Code. Since that time, there has been a marked trend in many jurisdictions from the …

Membership Directory, March 1, 1988

Professional and Organizational Development Network in Higher Education: Archives

No abstract provided.

Prison Overcrowding In Nebraska: The Feasibility Of Intensive Supervision Probation, Dennis Hoffman, Vincent J. Webb

Center for Public Affairs Research (UNO): Publications

This chapter analyzes the magnitude and causes of Nebraska's prison overcrowding problem. Nebraska's response to this problem has been to expand prison capacity and to implement programs to decrease length of stay. Another policy option - reducing prison admissions through intensive supervision probation - is examined in this chapter. Data from Nebraska Parole Board files indicate there is a category of current prison inmates that are not sufficiently dangerous to require imprisonment. Many of these nonviolent offenders with marginal criminal histories could be diverted into intensive probation programs that are more cost·effective than incarceration.

Research By Bureaucracy: Hattie Plum Williams And The National Commission On Law Observance And Enforcement, 1929-1931, Michael R. Hill

Department of Sociology: Faculty Publications

This paper explores the bureaucratized research activities (1929-1931) of the National Commission on Law Observance and Enforcement (NCLOE) from the perspective of Hattie Plum Williams' sociobiographical experience. Williams was a doctoral student of George E. Howard and earned her Ph.D. in 1915 -- the ftrst doctorate in sociology awarded by the University of Nebraska. That same year, she joined the Nebraska faculty and eventually became Chair of the Department (1922-1928).2 In 1931, at age 53, this full professor was called upon be an unpaid fieldworker, gathering data according to rigid protocols stipulated by the NCLOE. Archival reconstruction of Williams' "view …

Performing "Competency To Be Executed" Evaluations: A Psycholegal Analysis For Preventing The Execution Of The Insane, Mark A. Small

Nebraska Law Review

The Supreme Court's decision in Ford v. Wainwright held that the eighth amendment prohibits execution of the insane. As a result, prisoners awaiting execution now have a constitutional right not to be executed if they are found incompetent. By constitutionalizing what had been largely a common law or statutory right, the Court also instructed states to establish procedures to insure that execution of the insane did not in fact occur. Historically, those procedures that governed the determination of competency to suffer execution centered around "competency to be executed examinations" performed by mental health professionals. Many of these procedures failed to …

The Intellectual Legacy Of Nebraska Sociology: A Bibliographical Chronology Of Separately Published Works, 1887-1989, Michael R. Hill

Department of Sociology: Faculty Publications

The ftrst full century of sociological scholarship at the University of Nebraska rests solidly on numerous contributions to the acknowledged pinnacle of academic work: single-author monographs published by scholarly presses. Collaborative works, including jointly-authored monographs and scholarly editorial projects, round out the separately published volumes in the continually growing library of Nebraska sociology. Several works are recognized classics and have been revised and revived in various editions. The sociological work flowing from Nebraska roots is evidenced by inspection of the bibliography below.

If one wished to deftne a "Nebraska school of sociology," one could do worse than look to the …

Women Sociologists In The Midwest: A Status Update, Mary Ann Lamanna, Baila Miller, Helen A. Moore

Department of Sociology: Faculty Publications

In this article, an earlier study of the status of academic women sociologists in the Midwest that was extended to 1984-1985 is discussed. Type of appointment, rank, and chairpersons, as well as position in a Ph.D. rather than an M.A. program were used in the study as indicators of employment status. Midwest Sociological Society (MSS) leadership positions and participation in the annual MSS meeting served as indicators of professional participation. The results show that gains in employment status for women slowed in the 1980s. Employment of women in sociology department positions, especially in full-time positions and higher ranks, continued to …

The Confinement Of Juveniles In Nebraska Jails And Lockups, Lorie A. Fridell, Vincent J. Webb

Center for Public Affairs Research (UNO): Publications

Using adult jails and lockups for confining youths is a major issue in juvenile justice. Proponents of removing children from these facilities are concerned with the conditions of confinement, the .ate of suicide among youths held in adult facilities, the excessive use of secure confinement for youths, and the legal liability of jurisdictions that hold juveniles in adult facilities. Nebraska has made significant progress in reducing the number of youths confined in adult jails and lockups, but has yet to pass legislation or develop programs and facilities to complete the task. Policy options for reducing the use of secure confinement …

Copyright And The First Amendment: Nurturing The Seeds For Harvest: Harper & Row, Publishers V. Nation Enterprises, 105 S. Ct. 2218 (1985), Greg A. Perry

Nebraska Law Review

In Harper & Row, Publishers v. The Nation Enterprises, the Supreme Court was presented questions concerning the interplay of copyright and the first amendment—whether the first amendment requires that the scope of copyright protection for a nonfiction work be narrowed, and whether the first amendment should prevail over copyright in a fair use case in which the copyrighted material is politically significant. This article focuses upon the potential tensions that exist between copyright and the first amendment, and the arguments for a "public interest" or first amendment exception to the proprietary rights of a copyright holder. In particular, this …

Who's Qualified To Decide Who Dies? Wainwright V. Witt, 105 S. Ct. 844 (1985), Teresa A. Brown

Nebraska Law Review

This article examines the Wainwright v. Witt decision and demonstrates why the holding is at odds not only with death-qualification precedent but also with nearly all the other death penalty decisions of the Court in the past two decades. Following a presentation of the Witt decision in Part II, Part III examines the Court's pre-Witt decisions to illustrate the course of the death-qualification decisions since the landmark Witherspoon holding, especially those cases relied upon by the Witt majority to support the Court's change of heart on this issue. Part IV of this article scrutinizes the Witt decision in light …

The Empirical Challenge To Death-Qualified Juries: On Further Examination, Michael Finch, Mark Ferraro

Nebraska Law Review

I. Introduction

II. Community Representation on the Death-Qualfied Jury … A. Establishing a Fair-Cross-Section Violation ... B. The Representation of Community Attitudes on Death-Qualified Juries ... C. The Representation of Minorities and Women on Death-Qualified Juries ... D. The Cumulative Effects of Death Qualification on the Representativeness of Juries

III. The Conviction Proneness of Death-Qualfied Juries ... A. The Evidence on Conviction Proneness

IV. Some Concluding Thoughts on the Challenge of Death Qualification ... A. Defining the Category of Excludable Jurors ... B. The Normative Issues Posed by Death Qualification

V. Conclusion

Appendix

And Mussolini Had The Trains Running On Time: A Review Of The Bad Check Offense And The Law Enforcement Debt Collector, Josephine R. Potuto

Nebraska Law Review

I. Introduction

II. The Bad Check Program: Why Have One?

III. Constitutionality and Legal Scope of the Bad Check Statute and Program under the Nebraska Constitution … A. The Statute ... 1. Why Specific Intent Is Necessary ... 2. How the Nebraska Supreme Court Saved the Bad Check Statute ... B. The Program ... 1. Mandatory and All-Inclusive Reach ... a. Probable Cause: Is a Bounced Check Enough? ... b. The Illegal Arrest Threat: In Terrorem and Ultra Vires ... c. Merchant as Prosecutor ... 2. Restitution Prohibition ... C. County Attorney Responsibilities to Bad Check Statute and Program ... …

Job Satisfaction And Job Performance: A Meta-Analysis, Michelle Iaffaldano [Graef], Paul M. Muchinsky

Center on Children, Families, and the Law: Faculty Publications

The assumption that job satisfaction and job performance are related has much intuitive appeal, despite the fact that reviewers of this literature have concluded there is no strong pervasive relation between these two variables. The present meta-analytic study demonstrates that (a) the best estimate of the true population correlation between satisfaction and performance is relatively low (.17); (b) much of the variability in results obtained in previous research has been due to the use of small sample sizes, whereas unreliable measurement of the satisfaction and performance constructs has contributed relatively little to this observed variability in correlations; and (c) nine …

The Absence Of Justice, Robert D. Dinerstein

Nebraska Law Review

This article focuses on the changing role of the United States Department of Justice in protecting the rights of mentally disabled people, primarily those in institutions.

I. Introduction

II. Historical Background

III. The Justice Department's Activities under the Reagan Administration

IV. Conclusion

Acuta Enews August 1983, Vol. 12, No. 8

ACUTA Newsletters

In This Issue

PRESIDENT'S MESSAGE

POTPOURRI

BITS & PIECES

DISCONNECTING THE BELL SYSTEM

Personal Consultation And Contractual Planning In Stimulating Faculty Growth: The Faculty Development Program At Northern Illinois University, L. Terry Oggel, Edwin L. Simpson

To Improve the Academy: A Journal of Educational Development

The Development of Faculty Development at NIU

Barriers to Development

Conducting the Program

Individual Cases

Faculty Reactions to the Program

Future Development of the Program

Conclusion

Toward Better Treatment Of Jurors By Judges, Warren K. Urbom

Nebraska Law Review

I. Introduction

II. Jury Note-Taking during Trial … A. Existing Legal Authority … B. Should Jurors Be Allowed to Take Notes? … 1. Advantages of the Practice … 2. Problems and Precautions … a. Procedural Concerns … b. Other Potential Problems … C. Summary

III. Questioning of Witnesses by Jurors … A. Existing Legal Authority … B. Should Jurors Be Allowed to Question Witnesses? … 1. Advantages of the Practice … 2. Problems and Precautions … a. Procedural Concerns … b. Other Potential Problems … C. Summary

IV. Written Copies of Jury Instructions for Jurors … A. Existing Legal Authority …

Punitive Damages: An Appeal For Deterrence, Lisa M. Broman

Nebraska Law Review

Nebraska is one of only four jurisdictions where punitive damages in civil suits are not recognized. It is, however, the only state which finds such damages to be unconstitutional. While punitive damages are often criticized and susceptible to abuse, this Comment outlines areas in which punitive damages are necessary for the maintenance of order and peace in society. Also a set of guidelines will be developed which best utilize the purposes of punitive damages while at the same time curbing any abuses inherent in such awards.

I. Introduction … A. Brief History and Purposes of Punitive Damages … 1. Punishment/Retribution …

Searching For A Liberty Interest: The Prisoner's Right To Due Process: Connecticut Board Of Pardons V. Dumschat, 101 S. Ct. 2460 (1981), David Detar Newbert

Nebraska Law Review

In order to facilitate an understanding of the current state of prisoners' protected rights, this Note first discusses the historical development of those rights. It then examines the Connecticut Board of Pardons v. Dumschat opinion in light of the previous decisions of the United States Supreme Court regarding prisoners' due process rights. Finally, this Note discusses Dumschat's role in the Court's continued narrowing of the threshold criteria required for prisoners to establish liberty interests worthy of constitutional protection.

I. Introduction

II. Historical Rights of Prisoners

III. The Dumschat Decision … A. Lower Court Opinions … B. Supreme Court Decision …

Ec81-2056 Keys To Security : Doors And Windows, Wanda M. Leonard

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 81-2056 discusses the keys to Security : doors and windows.

Relevancy: The Necessary Element In Using Evidence Of Other Crimes, Wrongs, Or Bad Acts To Convict, Norman Krivosha, Thomas Lansworth, Pennie Pirsch

Nebraska Law Review

Relevancy is the key to the entire analysis of the admissibility of evidence of other crimes, wrongs, or acts. Therefore, the proper inquiry is the probative relationship between the evidence and a fact at issue in the case before the court, not the relationship of the evidence to a categorical list of exceptions. The purpose of this article is to carefully analyze the rule and its exceptions so that both lawyers and judges may better determine when evidence of other crimes, wrongs, or acts is admissible and when the introduction of such evidence violates both the rule and its exceptions. …

Double Jeopardy: Government Appeals Of Sentences: United States V. Difrancesco, 449 U.S. 117 (1980), David M. Lofholm

Nebraska Law Review

In the landmark decision of United States v. DiFrancesco, the Supreme Court, in a five-to-four decision, reversed the Court of Appeals for the Second Circuit, and held that the appeal provision of 18 U.S.C. § 3576 (1976) did not violate the double jeopardy clause of the fifth amendment. This Note analyzes the DiFrancesco decision in the context of double jeopardy law and discusses the decision's effect on double jeopardy principles. This note also suggests that the majority opinion in DiFrancesco, ignoring as it does the tradition of double jeopardy protection, was not a completely satisfactory response to the issues …

Variances And Parcel Rezoning: Relief From Restrictive Zoning In Nebraska, Thomas Sattler

Nebraska Law Review

Zoning ordinances restrict the use of property in order to achieve and promote the goals of a city or county in protecting the public health, safety and welfare. These ordinances include various use, density, bulk, and other restrictions. As contemporary society controls development in this manner, conflicts inevitably arise between private property interests and the broad societal goals reflected in zoning legislation. Zoning restrictions are of particular concern to landowners and those involved with the acquisition of real estate. If an acquiring entity meets the requisite standing requirements, like the private property owner it has judicial or administrative recourse in …

Vengeance And Mercy: Implications Of Psychoanalytic Theory For The Retributive Theory Of Punishment, Kent A. Wilson

Nebraska Law Review

This article extends the merger of law and social science to the areas of retribution and criminal punishment. More specifically, it examines the concept of retribution from historical, philosophical, and psychological points of view. The goal is to develop an integrated concept of retribution, and to discern variables that psychological theory and research indicate are relevant to legal theories and practices in the area of retributive punishment.

The Divestment Of United States Companies In South Africa And Apartheid, Paul Lansing

Nebraska Law Review

I. Introduction

II. The Political Arena

III. State Action

IV. Constitutional Implications of Resolution 43

V. The South African Reaction

VI. Divestment—The Probable Results

VII. Conclusion

Indexes To Volume 59

Nebraska Law Review

No abstract provided.

The Right To Appear Pro Se: Developments In The Law, Donald D. Schneider

Nebraska Law Review

I. Introduction

II. The Faretta Decision

III. Procedural Issues Affecting the Right to a Pro Se Defense … A. Notice of the Right … B. Retroactivity .. C. Time and Manner of Asserting the Right … D. Termination of the Pro Se Status

IV. Defining the Right of Self-Representation through Resolution of Substantive Issues … A. What Constitutes a “Knowing and Intelligent” Waiver of the Right to Counsel … B. Procedural Rules and the Public Interest in a Fair Trial … C. Standby or Advisory Counsel … D. Right to Co-Counsel Status … E. Time to Prepare and Library Access …