Digital Commons Network^™

Escaping Death: Naloxone's Chemical Nature And Potential To Combat The Opioid Epidemic, Abigale Miller

Honors Program: Senior Projects (Public)

Naloxone is a life-saving drug with the ability to reverse an opioid overdose. As the opioid epidemic’s death toll rises, we can turn to Naloxone as a tool to combat the crisis. The epidemic, born of corruption, has a wide reach among the people of the United States, with especially firm grasps on middle-aged people, sufferers of chronic pain, white Americans and those living in the eastern portion of the country. Naloxone’s elegant design saves lives by effectively competing for a position on an opioid biding receptor in the brain to almost instantly end an overdose and restore normal breathing. …

Student Perceptions Of Reasons For Lecture And Active Learning, Calan Koch

Honors Program: Senior Projects (Public)

With perceived student resistance to active learning in the classroom, instructors are hesitant to implement such methods into their classroom structure despite how effective they may be. This research seeks to understand student perceptions related to the transition to higher prevalence of active learning techniques. We aimed to find answers to how students perceive the ideal classroom to be structured, what reasons they perceive for lecture and active learning components, and possible explanations to concerns of groupwork during class time. We analyzed 64 interviews with undergraduate biology students at the University of Nebraska- Lincoln, developed coding rubrics from commonly found …

Mandatory Minimum Penalties: An Analysis Of Four State’S Penal Codes And Federal Court Policies, Cassie Geiken

Honors Program: Senior Projects (Public)

In Nebraska, variations of bills attempting to amend mandatory minimum laws in the state have been introduced. The harshness of the mandatory sentences, as well as the looming state of emergency caused by prison overcrowding, have sustained the debate over sentencing laws. This essay identifies the core issues of mandatory minimum sentencing laws and analyzes the states of Nebraska, Texas, Alabama, California, and the federal system’s use of mandatory minimums for felony charges to identify potential solutions. Statute review found that Nebraska’s current sentencing codes are misaligned with the rest of the nation; not even Alabama with one of the …

Counseling Center Clinicians Experience Providing Assessments Of Risk To Self Vs Risk To Others, Jeffrey W. Pollard, David J. Disabato, Paul D. Polychronis, Mario J. Scalora

University of Nebraska Public Policy Center: Publications

As part of collecting information for the purpose of threat assessment and management regarding a person of concern within an institution of higher education, a threat assessment and management team or another institutional official may request that a campus counseling center conduct a risk assessment of dangerousness-to-others. This study measured counseling center clinicians’ training and experience in conducting risk assessments of dangerousness-to-others. Survey data from mental health providers practicing in counseling centers within institutions of higher education revealed that these practitioners had significantly less training and experience in assessing dangerousness-to-others as compared to the training and experience they have in …

Disrupting Narrow Conceptions Of Justice: Exploring And Expanding "Bullying" And "Upstanding" In A University Honors Course, Jennifer Farley, Jennifer Gallagher, Katherine Richardson Bruna

University of Nebraska Public Policy Center: Publications

The term "upstanding" encompasses actions and behaviors grounded in one’s defense of their own beliefs and others. While such broad application of the term has merit, from a critical education perspective it lacks direction. To efficaciously address injustice, upstanding action must go beyond one’s beliefs. A directional application of upstanding behavior, or the notion of "upstanding for justice," frames upstanding as action to address chronic social victimization via systems of oppression. In this article, we describe the development of a new heuristic to support students’ understanding of upstanding and detail the university honors course in which we used the heuristic …

2019 Annual Campus Security And Fire Safety Report, University Of Nebraska-Lincoln, University Police, University Of Nebraska-Lincoln

University of Nebraska-Lincoln, University Police

2019 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 2018 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.

A Narrative Inquiry Into Experiences Of Indigenous Teachers During And After Teacher Preparation, James Alan Oloo, Lydiah Kananu Kiramba

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

This narrative inquiry is informed by a concern to increase the number of Indigenous teachers in Canadian classrooms. While the Indigenous population is younger and growing faster than the non-Indigenous population, educational attainment gap remains between the two groups of Canadians. The gap is widening at the university level. This study explores the experiences of two Indigenous teachers during and after teacher education in an Indigenous teacher education program and attempts to reframe teacher education to enhance the meaningful engagement of pre-service Indigenous teachers. We conducted interviews as conversations with the study participants as guided by open-ended unstructured research questions …

Bahtuoh V. Smith, 855 F.3d 868 (8th Cir. 2017): Promising A Bleak Future For Ineffective Assistance Of Counsel Claims In The Eighth Circuit, Mary R. Marcum

Nebraska Law Review

I. Introduction

II. Background … A. The Strickland Standard ... B. The AEDPA Standard ... C. The First Circuit’s Application of Strickland and AEDPA: Ouber v. Guarino

III. Main Case: The Bahtuoh Trilogy ... A. Bahtuoh I ... B. Bahtuoh II ... C. Bahtuoh III

IV. Analysis ... A. Application of Strickland: The First Prong ... B. Application of Strickland: The Second Prong ... C. The Future of Ineffective Assistance of Counsel Claims in the Eighth Circuit

V. Conclusion

Court Review 55:1 (2019)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

10 The Facts Behind the Media Coverage, the Sentence that Launched a Recall Jeffrey J. Hunt

16 Send Them a Message?: The Threat to a Fair and Impartial State-Court Judiciary Barbara J. Pariente & Melanie Kalmanson

30 The Least Accountable Branch? James L. Gibson & Michael J. Nelson

36 Judicial Recall and Retention in the #MeToo Era Jordan M. Singer

Send Them A Message?: The Threat To A Fair And Impartial State-Court Judiciary, Barbara J. Pariente, Melanie Kalmanson

Court Review: Journal of the American Judges Association

What message do voters send by removing a judge from office based on disagreement with a lawful judicial decision? That question is at the heart of this issue of the American Judges Association’s Court Review, which focuses on the issue in light of the 2018 recall of California Judge Aaron Persky based on public outrage at the lawful, but extremely lenient, sentence he gave to a Stanford University student-athlete in a highly publicized sexual assault case. The message to other judges: Impose harsher sentences? Or perhaps a more specific message: Take sexual assault cases seriously? Viewed broadly, is this an …

Highlights From The Decisions Of The Supreme Court Of Canada In Criminal Matters In 2019, Wayne K. Gorman

Court Review: Journal of the American Judges Association

In 2019, the Supreme Court of Canada rendered a number of decisions involving criminal law issues. In this edition’s column, I intend to highlight a number of the most significant decisions rendered by the Court in 2019 (up to October 31). These decisions involved the following issues:

•the authority of Canadian police to detain and arrest;

•the questioning of sexual offence complainants on their prior sexual activity; and

•the importance of respecting victims in the trial process by refraining from pejorative and demeaning language.

Let us start with the Supreme Court’s decisions on the admissibility of prior sexual activity of …

Jounalistic Sources And The Searching Of Media Outlets In Canada, Wayne K. Gorman

Court Review: Journal of the American Judges Association

The searching of media outlets by the police in Canada is, as elsewhere, a controversial topic. For instance, a recent decision of the Supreme Court of Canada (R. v. Vice Media Canada Inc., 2018 SCC 53), which compelled a reporter to produce material to the police concerning an alleged crime, was described by one Canadian media outlet as a decision that will have a “damaging effect on investigative reporting across the country and weaken Canadian democracy” (see Global News, https://globalnews.ca).

In this column, I intend to review the Supreme Court of Canada’s decision in Vice Media and recent legislation enacted …

Sexual Predator Laws: Clarifying The Relationship Between Mental Health Laws And Due Process Protections, Maureen F. Larsen, Robert F. Schopp

Nebraska Law Review

I. Introduction

II. The Justification for SVP Legislation ... A. Police Power and Parens Patriae ... B. The Constitutionality of Civil Confinement

III. A Lack of Measurable Standards Make SVP Statutes Unworkable ... A. The Court’s Vague Mental Illness Standard ... B. The Danger of Predicting Dangerousness

IV. Clarifying the Nature of SVP Statutes ... A. Maintaining Sex Offender Culpability ... B. The Exclusion of Juveniles from SVP Commitment

V. The Utilization of Mental Health Laws for Preventive Incarceration

VI. Strict Mandatory Minimums and Recidivist Laws as Alternatives to SVP Commitment

VII. Conclusion

African American Homesteader “Colonies” In The Settling Of The Great Plains, Jacob K Friefeld, Mikal Eckstrom, Richard Edwards

Center for Great Plains Studies: Staff and Fellows Publications

African Americans participated in homesteading in the Great Plains primarily by establishing “colonies” or geographically concentrated homesteading communities. We studied Nicodemus, Kansas; DeWitty, Nebraska; Dearfield, Colorado; Empire, Wyoming; Sully County, South Dakota; and Blackdom, New Mexico, which were the largest and most important Black homesteading communities in their states. Black homesteaders, like their white counterparts, were mostly very poor, struggled to grow crops in a harsh climate, and used the land they gained to build new futures. But because of their previous experiences in the South and racism in some nearby communities, Black homesteaders developed a distinct understanding of their …

Police Surveillance Of Cell Phone Location Data: Supreme Court Versus Public Opinion, Emma W. Marshall, Jennifer L. Groscup, Eve Brank, Analay Perez, Lori A. Hoetger

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

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. As technology evolves, courts must examine Fourth Amendment concerns implicated by the introduction of new and enhanced police surveillance techniques. Recent Supreme Court cases have demonstrated a trend towards reconsidering the mechanical application of traditional Fourth Amendment doctrine to define the scope of constitutional protections for modern technological devices and personal data. The current research examined whether public opinion regarding privacy rights in electronic communications is in accordance with these Supreme Court rulings. Results suggest that cell phone location data is perceived as more private …

Uncoverings: The Research Papers Of The American Quilt Study Group, Volume 40 (2019), Laurel Horton, Terry Tickhill Terrell, Katha Kievit, Linda Welters, Margaret T. Ordoñez

Uncoverings Journal

Preface by Laurel Horton

Prickly Elegance: Identifying and Dating Disocactus Motifs on Early Chintz by Terry Tickhill Terrell

Edmund Potter: Nineteenth Century Calico Printer by Katha Kievit

Delaines: A Forgotten Fabric by Linda Welters and Margaret T. Ordoñez

Contributors

Index

Unreported Sexual Assault, Saul Levmore, Martha C. Nussbaum

Nebraska Law Review

I. Introduction

II. Rewarding Potential Accusers: A Proposed Means of Reducing Sexual Assaults on Campus

III. Implementing a Reward System

IV. Dealing with Objections to the Plan

V. False Claims and Protection for the Accused

VI. Conclusion

I. Introduction
Unreported criminal behavior is troubling for a variety of reasons, including the likelihood that it reduces the law’s ability to deter wrongdoing. This is especially unfortunate in the case of sexual assault and other wrongs where the wrongdoers are often repeat offenders who will harm others until apprehended. In many cases, these assaults take place over many years so it is …

When Tribal Disenrollment Becomes Cruel And Unusual, Judith M. Stinson

Nebraska Law Review

I. Introduction

II. The Eighth Amendment’s Prohibition on Cruel and Unusual Punishment

III. The Prohibition on Cruel and Unusual Punishment Applies to Tribes via the Indian Civil Rights Act

IV. Tribal Punishment ... A. Historical Methods of Addressing Criminal Conduct ... B. Modern Methods of Addressing Criminal Conduct … 1. Adoption of Western Notions of Criminal Punishment ... 2. The Trend to Disenroll for Conduct

V. Tribal Disenrollment is Equivalent to Revocation of Citizenship

VI. Conclusion

Restorative Justice And Youth Offenders In Nebraska, Kristen M. Blankley, Alisha Caldwell Jimenez

Nebraska Law Review

I. Introduction to Restorative Processes ... A. Underlying Purposes of Restorative Justice ... 1. Focus on Accountability ... 2. Victim-Centered ... 3. Reintegration into the Fabric of Society ... B. Types of Restorative Justice Processes ... 1. Sentencing Circles or Peacemaking Circles ... 2. Victim-Offender Mediation ... 3. Victim-Offender Conferencing or Dialogue ... 4. Family Group Conferencing ... 5. Problem-Solving Courts ... 6. Truth Commissions ... C. Established Success of Restorative Justice Practices ... D. Authority to Engage in Restorative Justice Processes

II. History of Restorative Practices in Nebraska ... A. Family Group Conferencing ... B. Victim-Offender Mediation ... C. …

Corruption Within The U.S. Justice System, Aleida Montanez

Nebraska College Preparatory Academy: Senior Capstone Projects

The U.S. criminal justice system has let down the American people when it comes to justice, and those failures not only impact the victims but the society as a whole. The judicial system was implemented around the 17th century, and corruption quickly followed it not long after. Although the justice system maintains some order in our society, it is not very effective when it comes to preventing any form of corruption within the justice system itself. The criminal justice system has empowered corporations and authoritative people to break the law and get away with it.

- Throughout this research, it …

Representation Of Unaccompanied Migrant Children From Central America In The United States: Media Vs. Migrant Perspectives, Theresa Catalano, Jessica Mitchell-Mccollough

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

This chapter examines the representation of unaccompanied minors fleeing Central America (namely Honduras, Guatemala and El Salvador) in U.S. online national news sources over a one-year period and compares this to the way these children talk about their own perceptions of migration and their motivation for moving. Data collection consisted of online news reports on unaccompanied minors from Central America in the United States as well as interviews with children collected from the United Nations Refugee Agency (UNHCR) and other humanitarian organizations. Multimodal critical discourse analysis reveals a qualitative difference in discourse (e.g., use of metaphor, metonymy, deixis and visual …

Capital And Punishment: Resource Scarcity Increases Endorsement Of The Death Penalty, Keelah E. G. Williams, Ashley M. Votruba, Steven L. Neuberg, Michael J. Saks

Department of Psychology: Faculty Publications

Faced with punishing severe offenders, why do some prefer imprisonment whereas others impose death? Previous research exploring death penalty attitudes has primarily focused on individual and cultural factors. Adopting a functional perspective, we propose that environmental features may also shape our punishment strategies. Individuals are attuned to the availability of resources within their environments. Due to heightened concerns with the costliness of repeated offending, we hypothesize that individuals tend toward elimination-focused punishments during times of perceived scarcity. Using global and United States data sets (studies 1 and 2), we find that indicators of resource scarcity predict the presence of capital …

Do Not Forget Families And Households When Addressing Urban Refugee Education, Sarah C. Erwin, Jennifer Sewall, Julie A. Tippens, Dulo Nyaoro, Helen M. Miamidian

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

There are currently more than 25.4 million refugees globally, representing the largest number of refugees in recorded history (UNHCR 2018). More than one in three refugees who fall under the auspices of United Nations Refugee Agency (UNHCR) protection are of school age (UNHCR 2019a). Dryden-Peterson (2015, 2016) points out that much of what is known about refugee education stems from research conducted in high-income countries of resettlement, ignoring the reality that the majority of refugees live in low- and middle-income countries (LMICs) neighboring their countries of origin. Additionally, 60% of refugees globally reside in cities (UNHCR 2019c), where UNHCR coordinates …

Psyc 462/862: Motivation And Emotion, Carolyn R. Brown-Kramer

UNL Faculty Course Portfolios

In this course portfolio, I examine the course goals, learning objectives, teaching methods and materials, assessments, and outcomes for an upper-level psychology elective course, PSYC 462/862, Motivation and Emotion. The course introduces students to the major theories of motivation and emotion, develops their ability to critically examine empirical psychological research, encourages the application of theoretical and empirical work to real-world contexts, and strengthens students’ communication skills. For each of the four course goals, I describe how and why I conduct the course as I do, as well as how my pedagogical choices influence student learning and engagement. Data analyses and …

Social Support Theory, Lisa A. Kort-Butler

Department of Sociology: Faculty Publications

In the study of crime and delinquency, what has come to be called social support theory has. its origins in Drennon-Gala’s research (1994, 1995) and Cullen’s (1994) presidential address to the Academy of Criminal Justice Sciences. In the address, entitled “Social support as an organizing concept for criminology,” Cullen argued that the notion of social support is threaded through many theories of crime and delinquency. Cullen distinguished between macro-level and interpersonal-level effects of social support, emphasizing how supportive societies and supportive relationships, respectively, can lessen crime rates and individual crime. He also implicated social support in the processes of social …

Nefdc Exchange, Volume 31, Fall 2018, New England Faculty Development Consortium

New England Faculty Development Consortium Exchange

Contents

President's message: Faculty development in the 21st century, Marc Ebenfield

NEFDC publication schedule change

“I will forever be changed”: Encouraging meaning-making in service-learning, Isabelle Jenkins, MDiv, Virginia Ryan, Ph.D., and Michelle Sterk Barrett, Ph.D. - College of the Holy Cross

Call for proposals for the spring 2019 conference

Lessons from the mat: 17 things being a new yoga student taught me about effective, student-centered teaching, Jen Girgen, J.D., Ph.D. - Salem State University

Connected: Building meaningful relationships for online learning, Sara Donaldson, Ed.D., Karen Caldwell, Ed.D., and Carey Borkoski, Ph.D., Ed.D. - Johns Hopkins University

Defamiliarizing the familiar: Challenging …

Innocent Or Inconclusive? Analyzing Abolitionists’ Claims About The Death Penalty (White Paper), Michael Conklin

Nebraska Law Bulletin (Selected Issues)

This is a brief analysis of the death penalty innocence issue using the July 2018 book The Death Penalty (part of the Concepts and Insights Series) as a reference point.

The Effect Of Maoa And Stress Sensitivity On Crime And Delinquency: A Replication Study, Christa C. Christ, Joseph A. Schwartz, Scott F. Stoltenberg, Jonathan R. Brauer, Jukka Savolainen

Department of Psychology: Faculty Publications

Across several meta-analyses, MAOA-uVNTR genotype has been associated with an increased risk for antisocial behavior among males who experienced early life adversity. Subsequently, early life stress and genetic susceptibility may have long-term effects on stress sensitivity later in life. In support of this assumption, a recent study found evidence, in two independent samples, for a three-way interaction effect (cG × E × E) such that proximate stress was found to moderate the interactive effect of MAOA-uVNTR and distal stress on crime and delinquency among males. In light of recent developments in cG × E research, we attempted to …

Four Decades Of The Journal Law And Human Behavior: A Content Analysis, Lindsey E. Wylie, Katherine P. Hazen, Lori A. Hoetger, Joshua A. Haby, Eve M. Brank

Department of Psychology: Faculty Publications

Although still relatively young, the journal Law and Human Behavior (LHB) has amassed a publication history of more than 1300 full-length articles over four decades. Yet, no systematic analysis of the journal has been done until now. The current research coded all full-length articles to examine trends over time, predictors of the number of Google Scholar citations, and predictors of whether an article was cited by a court case. The predictors of interest included article organization, research topics, areas of law, areas of psychology, first-author gender, first-author country of institutional affiliation, and samples employed. Results revealed a vast …

A Comparison Of India And The United States: A Look At Innovative Child Welfare Service Practices, Kaitlin Roselius

Honors Program: Senior Projects (Public)

Child abuse and neglect are human rights issues on a global level. Violence is not cookie cutter; it comes in many different shapes and sizes. Many countries have started the uncomfortable, but critical, discussion on how best to address this problem which has reached epidemic proportions. Numerous service providers are creating innovative practices to combat the cycle of violence. This paper looks to identify what specific providers are currently doing to mitigate risk for children and families by analyzing the similarities and differences between India and the United States. Data for this research was collected through a variety of sources …