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Nebraska Transcript (University Of Nebraska College Of Law), Volume 51, Number 1, Spring 2018

Nebraska Transcript

Dean’s Message

Professors Jack Beard, Jessica Shoemaker and Adam Thimmesch granted tenure in 2017. Professors Gus Hurwitz and Brett Stohs granted tenure in 2018.

Clinic Students participate in mobile consular clinic Atwood, Hertz and Nelson Advance to National Moot Court Competition Finals

New program helps students pursue careers in business

College partners with business school for undergraduate minor

Civil Clinic law students reach out to the community

Clinic Students participate in mobile consular clinic

Atwood, Hertz and Nelson Advance to National Moot Court Competition Finals

Heartland Optical expands mission under leadership of Conrad, ’03

The Power of Philanthropy: The latest …

Cultivating Empathy: Lessons From An Interdisciplinary Service-Learning Course, Megan Jacobs, Marygold Walsh-Dilley

Journal of the National Collegiate Honors Council Online Archive

In “Thinking Critically, Acting Justly,” Naomi Yavneh Klos suggests that the key questions for honors education and social justice are first “how to engage our highest-ability and most motivated students in questions of justice” and second “how honors can be a place of access, equity, and excellence in higher education.” These goals are both important and complementary; achieving the latter helps achieve the former. Honors education creates a fruitful space for inclusion where the knowledge and experience of diverse students develop skills oriented toward justice for the whole community. Making honors a place of access and equity prompts deeper engagement …

Editorial Matter: Jnchc 19:1 (Spring/Summer 2018)

Journal of the National Collegiate Honors Council Online Archive

Cover

Masthead

Indexing Statement

Production Editors

Editorial Board

Contents

Call for Papers

Editorial Policy

Deadlines

Submission Guidelines

Dedication -- Jack W. Rhodes, The Citadel

Forum on Honors and Social Justice

About the Authors

About the NCHC Monograph Series

NCHC Monographs & Journals

NCHC Publications Order Form

Back cover

ISBN 978-0-9911351-9-6

Trust In The Jury System As A Predictor Of Juror/Jury Decisions, Kimberly S. Dellapaolera, Bailey A. Barnes, Brian H. Bornstein

UCARE: Research Products

To determine whether jurors’ attitudes are correlated with their verdicts and judgments at trial, the present experiments examined the relationship between individuals’ trust in the jury system, other legal attitudes, and their verdict judgments, at both the individual (juror) and group (jury) level. We used a binary logistic regression model to examine the factors—jury instructions and individual difference measures—that contribute to a juror’s verdict. The results indicate that jurors with higher PJAQ and JUST scores had a higher likelihood of voting guilty on a homicide trial involving a mercy killing. It was also found that the majority of juries in …

Rural And Urban Injection Drug Use In Puerto Rico: Network Implications For Human Immunodeficiency Virus And Hepatitis C Virus Infection, Courtney Thrash, Melissa L. Welch-Lazoritz, G. Robin Gauthier, Bilal Khan, Roberto Abadie, Kirk Dombrowski, Sandra Miranda De Leon, Yadira Rolon Colon

Department of Sociology: Faculty Publications

Understanding the short- and long-term transmission dynamics of blood-borne illnesses in network contexts represents an important public health priority for people who inject drugs and the general population that surrounds them. The purpose of this article is to compare the risk networks of urban and rural people who inject drugs in Puerto Rico. In the current study, network characteristics are drawn from the sampling “trees” used to recruit participants to the study. We found that injection frequency is the only factor significantly related to clustering behavior among both urban and rural people who inject drugs.

Why Gun Violence Continues Its Rampage Across America: A Comparison Of American And Australian Firearm Policies, Daniel Schaub

Honors Program: Senior Projects (Public)

This thesis is a comparative case study between US and Australian firearm policies and gun culture. I ask, given the large number of injuries and mass shootings due to firearms, why has the United States not implemented stronger firearm regulations? I conduct a comprehensive literature review of American gun culture throughout history and modern firearm violence in both the United States and Australia. By utilizing the framework of historical institutionalism and the concept path dependency, I explain why and how institutions in the United States are unique and how they differ from similar institutions in Australia. I find that the …

Risk Factors For Forced, Incapacitated, And Coercive Sexual Victimization Among Sexual Minority And Heterosexual Male And Female College Students, Colleen M. Ray, Kimberly A. Tyler, Leslie Gordon Simons

Department of Sociology: Faculty Publications

Although college students are at high risk for sexual victimization, the majority of research has focused on heterosexual students and often does not differentiate by victimization type. Thus, little is known about prevalence rates and risk factors for sexual victimization among sexual minority college students and whether the interaction between gender and sexual orientation differs by victimization type. To address these gaps, we examine whether risk factors for three types of sexual victimization (i.e., forced, incapacitated, and coerced) differ by gender (n = 681 males; n = 732 females) and sexual orientation (n = 1,294 heterosexual; n = …

A Review And Conceptual Model Of Factors Correlated With Postmortem Root Band Formation, Joseph Donfack, Hilda S. Castillo

United States Department of Justice: Publications

It is generally accepted within the forensic trace evidence community that a postmortem root band (PMRB) can appear in the root of hairs attached to remains during decomposition. Presently, the specific sequences of events and/or exact molecular signals that lead to the formation of a PMRB are not well understood. The published literature addressing the abiotic and biotic factors that correlate with the formation of PMRBs is reviewed and a conceptual model for the formation of PMRBs is proposed.

Science‐Based Interviewing: Information Elicitation, Susan E. Brandon, Simon Wells, Colton Seale

United States Department of Justice: Publications

This article describes an ethical and effective science‐based model of interviewing. An initial planning phase assists the investigative team in separating facts from inferences, decreases the likelihood of errors based on cognitive biases, and prompts careful preparation of the environment. The interview begins with an explanation of why the subject is being questioned. The interviewer then metaphorically hands the interview over to the subject, making him the talker and the interviewer the listener. The interviewer engages in active listening, soliciting as much information from the subject as possible by deploying tactics that enhance memory based on science, including elements of …

Criminal Thinking, Psychiatric Symptoms, And Recovery Attitudes Among Community Mental Health Patients, Nicole R. Bartholomew, Robert D. Morgan, Sean M. Mitchell, Stephanie A. Van Horn

United States Department of Justice: Publications

Research suggests it is important to consider criminogenic needs among individuals with severe mental illness. This study aimed to determine the severity of criminal thinking in community-based clinical samples, understand the association between criminal thinking and psychiatric and criminal justice outcomes, and compare these associations between consumers enrolled in Assertive Community Treatment (ACT) and Forensic Assertive Community Treatment (FACT) programs. Participants (N = 234) were male and female consumers enrolled in ACT and FACT programs in five states. Results revealed no significant differences in criminal thinking when comparing participants by program type or history of criminal justice involvement. There …

2018 Annual Campus Security And Fire Safety Report, University Of Nebraska-Lincoln, University Police, University Of Nebraska-Lincoln

University of Nebraska-Lincoln, University Police

2018 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 2017 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.

Trends And Economic Drivers For United States Naloxone Pricing, January T 2006 To February 2017, Matthew Rosenberg, Grace Chai, Shekhar Mehta, Andreas Schick

United States Food and Drug Administration: Publications

Anecdotal evidence indicates that naloxone prices have risen in recent years, but limited research has examined the magnitude of these increases and potential causes. We contribute nationally representative evidence to help answer each of these questions, including wholesale pricing data from a proprietary drug sales database span- ning January 2006 to February 2017. We find that all formulations of naloxone increased in price since 2006 except for Narcan Nasal Spray. These cumulative increases totaled 2281% for the 0.4 MG single-dose products, 244% for the 2 MG single-dose products, 3797% for the 4 MG multi-dose products, and 469% for the 0.4 …

The Role Of Sex-Related Alcohol Expectancies In Alcohol-Involved Consensual And Nonconsensual Sex Among Women Of Asian/ Pacific Islander And Women Of European Race/Ethnicity, Allyson L. Dir, Arthur R. Andrews, Sarah M. Wilson, Tatiana M. Davidson, Amanda K. Gilmore

Department of Psychology: Faculty Publications

Alcohol-involved sexual experiences, including incapacitated sexual assault and alcoholinvolved sex, are major public health concerns among college women. Further, racial/ethnic diversity among college students is increasing, particularly with regard to increases in college students of Asian/Pacific Islander (API) race/ethnicity. Of relevance, evidence suggests differences in sexual assault rates across ethnicities and cultures; however, no known study to date has examined differences by ethnicity and first language in expectancies and experiences specifically surrounding alcohol and sex. The current study sought to examine differences in incapacitated sexual assault, alcohol-involved sex, and heavy episodic drinking, as well as differences in sex-related alcohol expectancies …

Abstracts From Proceedings Of The 14th North American Crane Workshop

Proceedings of the North American Crane Workshop

CRANES AND AGRICULTURE: A DELICATE BALANCE. Jane E. Austin and Kerryn M. Morrison 149

NOCTURNAL ROOSTING BEHAVIOR OF SANDHILL CRANES ON THE PLATTE RIVER, NEBRASKA. David A.Brandt, Pamela J. Pietz, Deborah A. Buhl, Wesley E. Newton, Gary L. Krapu, and Aaron T. Pearse 149

USING HOME RANGES AND SITE FIDELITY TO IDENTIFY AREAS OF IMPORTANCE FOR OVERWINTERING SANDHILL CRANES ON THE SOUTHERN HIGH PLAINS Kathryn Brautigam, Blake A. Grisham, William Johnson, Nicole Athearn, David L. Boren, Dan P. Collins, Shaun Oldenburger, Jude Smith, and Warren Conway 150

IN VITRO METHODS FOR EXAMINING MALE FERTILITY IN CRANE SPECIES Megan E. Brown, …

Unopa Notes, October-November, 2018

UNOPA: Newsletters

No abstract provided.

Unopa Notes, January 2018

UNOPA: Newsletters

No abstract provided.

The Resource Page- 188

Court Review: Journal of the American Judges Association

As judges, we know that criminal sentences carry consequences. The ones we usually encounter are the direct ones— the defendant must serve some amount of time in prison, followed by parole or post release supervision. But there are a great many other consequences of a criminal conviction. Judges, attorneys, and members of the public who want to understand the criminal-justice system more fully will want to know about them too.

There’s now a searchable online database where you can find the collateral consequences for convictions throughout the United States. The project, years in the making, launched in late 2018.

The …

Understanding Public Trust In The Courts: The Centrality Of Vulnerability, Joseph A. Hamm

Court Review: Journal of the American Judges Association

Courts have an important place in American life. While many would think first of the police as the institution most directly responsible for maintaining the law, the courts are an integral part of ensuring social order. Indeed, as illustrated by practices regarding warrants and cases challenging police action, much of the authority typically attributed to the police is, to some degree, controlled by the courts.

Importantly, however, as is often the case with institutions of government in the United States, this considerable authority comes with relatively limited power: The judiciary controls “neither the purse nor the sword,” leaving it heavily …

Court Review 54:1 (2018)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

14 Looking Backward, Looking Forward: How the Evolution of Specialty Courts Can Inform the Courts of Tomorrow Tatyana Kaplan, Monica K. Miller & Emily F. Wood

26 Benefits and Costs of Civil Justice Reform Paula Hannaford-Agor

32 Treatment or Punishment: Sentencing Options in DWI Cases Victor Eugene Flang

DEPARTMENTS

2 Editor’s Note

3 President’s Column

4 Thoughts from Canada

45 Crossword

48 The Resource Page

EDITORIAL FEATURES

10 Filling Some Big Shoes: A Tribute to Retiring Court Review Editor Judge Steve Leben

42 Remarks for Acceptance of the William H. Rehnquist Award Hon. Kim Berekley Clark

Court Review 54: 2 (2018)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

60 Judges’ Well-Being and the Importance of Meaningful Work.

74 One Judge’s Journey to Why—A Search for Meaning and Purpose.

80 Mindfulness Training for Judges: Mind Wandering and the Development of Cognitive Resilience.

90 Reducing Judicial Stress through Reflective Practice.

96 The Power of Compassion in the Court: Healing on Both Sides of the Bench.

ESSAY

102 Appropriate Action.

DEPARTMENTS

50 Editor’s Note.

51 President’s Column.

52 Thoughts from Canada.

95 Crossword.

104 The Resource Page.

Treatment Or Punishment: Sentencing Options In Dwi Cases, Victor Eugene Flango

Court Review: Journal of the American Judges Association

Alcohol-related crashes are responsible for many of the traffic fatalities in the United States, and the sad thing is that many of these are preventable. Yet the attitude of the public toward driving while impaired (DWI)1 is conflicted, and that ambivalence is reflected in the criminal justice process. Unlike other crimes, or even smoking, the goal of the law is not to cease all drinking and driving, just drinking that impairs judgment and the ability to drive safely. The question then becomes how much drinking is acceptable before driving, which can vary by health, weight, and tolerance of the individual. …

The Sentencing Of Indigenous Offenders In Canada, Wayne K. Gorman

Court Review: Journal of the American Judges Association

Canada’s Indigenous population has been over represented in Canada’s prison population for a considerable period of time. In the mid-1980s, for instance, aboriginal people made up approximately two percent of the population of Canada but made up ten percent of the penitentiary population.1

On September 3, 1996, the Parliament of Canada enacted a number of amendments to the Criminal Code of Canada, R.S.C., 1985.2 One of these was in response to the level of incarceration of Indigenous people: section 718.2(e). This provision deals with the sentencing of “aboriginal offenders.” It states as follows:

A court that imposes a sentence shall …

Looking Backward, Looking Forward: How The Evolution Of Specialty Courts Can Inform The Courts Of Tomorrow, Tatyana Kaplan, Monica K. Miller, Emily F. Wood

Court Review: Journal of the American Judges Association

LOOKING BACKWARD

The “war on drugs” in the 1980s led to more punitive drug related legislation and exponential increases in arrest and incarceration rates. In 1980, there were 580,900 drug violation arrests. In 1989, the number of drug-related arrests increased to more than 1.3 million.1 The substantial increase in arrests, many which were nonviolent, overburdened courts and resulted in increasingly overcrowded prisons. Laypersons and legal actors became frustrated with the traditional approach to case processing and the “revolving door” of repeat drug-related offenders.2 In response to burgeoning dockets and prisons and drug-related recidivism, Miami-Dade County, Florida opened the country’s first …

The Avoidance Of Stereotypical Thinking, Wayne K. Gorman

Court Review: Journal of the American Judges Association

T here has been a great deal of controversy lately in Canada over trial judges purportedly resorting to stereotypical reasoning in assessing the credibility of witnesses, particularly complainants in sexual assault trials.1

This issue came to a head with a recommendation by the Canadian Judicial Council to the Minister of Justice that a trial judge be removed from office based upon his conduct (i.e., comments during a sexual assault trial).2 The recommendation arose out of a complaint had been made to the Canadian Judicial Council concerning former Justice Robin Camp.3 The Council’s inquiry committee concluded that Justice Camp “relied on …

Authority Background Check, Zitlalic Parra Valencia

Nebraska College Preparatory Academy: Senior Capstone Projects

The Kite Runner by Khaled Hosseini deals with an unstable individual rising to power and causing brutal violence. The individual, Assef, had a terrible attitude as a child but was still able to gain a position of authority. The idea of malicious individuals rising to power carries is also present in today’s society. Police brutality in the United States is becoming an even bigger issue as the years go by, especially the deaths caused by fear or pure hatred. Becoming a police officer requires taking a written exam, fitness test, and in-person interview; all of these could easily be lied …

Pilot Testing The Daily Activities List For Inmates (Dali): Item Evaluation And Content Validity, Philip R. Magaletta, Rokas Perskaudas, Christina J. Connors, Marc W. Patry, Jarrod Reisweber

United States Department of Justice: Publications

Scheduling enjoyable daily activities is a Cognitive Behavioral Therapy intervention used in the treatment of depression and substance abuse disorders that are prevalent disorders among inmates. To effectively use this intervention with inmates, an activities list with items ecologically sensitive to the correctional setting needs to be created. The purpose of this study was to develop and evaluate items; thus, establishing a content valid Daily Activities List for Inmates (DALI). Fifteen corrections professionals representing a wide range of disciplines and managerial backgrounds served as subject matter experts (SMEs). Each SME evaluated 403 daily activity items that were aggregated from 4 …

The Judicialization Of Peace, Courtney Hillebrecht, Alexandra Huneeus, Sandra Borda

Department of Political Science: Faculty Publications

As international courts gain in influence, many worry that they will impoverish domestic politics— that they will limit democratic deliberation, undermine domestic institutions, or even thwart crucial political initiatives such as efforts to make peace. Indeed, many states are in the midst of withdrawing, or actively considering withdrawal, from international commitments presided over by international courts. The Article focuses on the currently unfolding Colombian peace process, the first to be negotiated under the watch of not one but two international courts, to show that these concerns misconstrue the way international courts actually work.

Throughout four years of peace talks, many …

Introduction To Parenting From Afar And The Reconfiguration Of Family Across Distance, Maria Rosario De Guzman, Jill Brown, Carolyn Edwards

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

Anthropologists have provided a rich research literature on family life, documenting the quite extreme variations in emotional and interactional closeness of the husband-wife relationship with respect to sleeping, eating, work, and leisure. For example, John and Beatrice Whiting (l975a) studied the dimension of what they characterized as husband-wife "aloofness versus intimacy:' They and other anthropologists have correlated this dimension of husband-wife closeness with male cross-sex identity, male involvement in warfare and group defense (extensive vs. unpredictable), marriage type (monogamous vs. polygynous), household structure (nuclear vs. extended, joint, or polygynous), preferred leisure and work partners (same-gender vs. mixed gender, paternal interaction …

The Use Of Zingari/Nomadi/Rom In Italian Crime Discourse, Theresa Catalano

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

This study examines the use of the metonymies zingari/nomadi/rom [Gypsies/Nomads/Roma] in Italian media discourse, in order to critically reflect on their relation to the perception of Roma. The author analyses the frequency of these terms in general discourse and crime discourse, as well as the way they are used in context. The findings reveal that nomadi and rom are used to directly and indirectly index Roma, and have a sig­nificant impact on their ethnicization and criminalization. In addition, the episodic framing of crime events, combined with the use of these metony­mies, erases the Italian government’s responsibility for the conditions of …

When In Rome Think Like A Roman: Empirical Evidence And Implications Of Temporarily Adopting Dialectical Thinking, Ashley M. Votruba, Virginia S. Y. Kwan

Department of Psychology: Faculty Publications

As a result of increasing globalization, people are exposed to an even greater extent to other cultures, making it possible for individuals to assimilate mindsets that are typical of another culture. Recent work on extracultural cognition has shown that immediate cultural contexts exert powerful influences on cognition and behavioral patterns. This chapter reviews empirical support for extracultural cognition. Specifically, the chapter focuses on dialectical thinking and the well-established finding in the cultural literature that Westerners tend to anticipate linear continuity in the environment and East Asians anticipate change in existing patterns. Research shows, though, that cultural cues may shift these …