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Court Review 53:4 (2017)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

148 The Calm Before the Storm? Selected Criminal-Law Cases in the Supreme Court’s 2016-2017 Term.

158 How Judges Can Reduce Racial Disparities in the Criminal- Justice System.

162 R-E-S-P-E-C-T: Transgender Pronoun Preference and the Application of the Model Code of Judicial Conduct.

170 The Impact of the Gerhardt Decision on Marijuana Driving Cases.

174 Asocial Media: When Lawyers and Judges Must

Disconnect. DEPARTMENTS SPECIAL FEATURES

138 Editor’s Note.

139 President’s Column.

140 Thoughts from Canada.

177 Crossword.

188 The Resource Page. SPECIAL FEATURES

178 The Best of Court Review: 1998–2017.

Court Review: The Journal Of The American Judges Association, Volume 53, Issue 4, Editor's Note

Court Review: Journal of the American Judges Association

This issue contains several articles of interest. We start with a review of the past year’s criminal decisions from the United States Supreme Court and the Supreme Court of Canada. We are incredibly grateful to Berkeley Law Professor Chuck Weisselberg, who has been reviewing the United States Supreme Court’s criminal cases for us for the past decade. This year, our Canadian columnist, Judge Wayne Gorman, has devoted his column in the issue to recent Canadian criminal decisions. The issue also includes several other articles, with topics ranging from how to reduce racial disparities in the criminal-justice system to how to …

How Judges Can Reduce Racial Disparities In The Criminal-Justice System, Matthew Clair, Alix S. Winter

Court Review: Journal of the American Judges Association

For decades, researchers and policymakers have been concerned about the disproportionate presence of blacks and Latinos in the criminal-justice system.1 While a fairly substantial proportion of these racial disparities can be explained by greater criminal involvement among blacks and Latinos in certain crimes,2 researchers continue to find that, even after controlling for differences in criminal behavior and other legally relevant factors, minorities are treated more punitively than similarly situated whites from arrest to sentencing in numerous jurisdictions.3 Consequently, researchers suggest that racial disparities arise not just from disproportionate criminal involvement or the disparate impact of facially neutral laws but also …

Prosecuting Elder Abuse: A First-Hand Account, Page Ulrey

Court Review: Journal of the American Judges Association

I didn’t know what elder abuse was when I agreed to become our office’s first dedicated elder-abuse prosecutor. It was 2001 and Norm Maleng, my boss and the elected prosecutor for King County, Washington, had decided it was time for our office to respond to this growing issue. He had seen Paul Greenwood, San Diego County’s elder-abuse prosecutor and a passionate advocate for abused elders, speak on the subject and was inspired to create a similar position here. At that time, there were only a handful of dedicated elder-abuse prosecutors in the country, most of them in California.

Maleng had …

Recent Developments In Domestic-Violence Law In Canada, Australia, And New Zealand, Wayne K. Gorman

Court Review: Journal of the American Judges Association

With the demise of the Law Reform Commission of Canada, proposals for changes to our criminal-law processes at the federal level tend to be statutory in nature. In this edition’s column, I want to review some recent studies and reports in the area of domestic violence released in Canada, Australia, and New Zealand.

CANADA

A recent call for proposals from the Public Health Agency of Canada contained an interesting review of the problem of domestic violence in Canada. The Public Health Agency of Canada is a governmental agency designed to “promote and protect the health of Canadians through leadership, partnership, …

The Impact Of The Supreme Court Of Canada On The Law Of Bail, Wayne K. Gorman

Court Review: Journal of the American Judges Association

The Supreme Court of Canada, through a series of judgments, has had a significant impact on the law of judicial interim release (or “bail”) in Canada. As will be seen, this impact has occurred in relation to the law of bail at both the trial and appellate level and includes two decisions rendered this year. In this column I intend to examine this impact by briefly reviewing the law of bail in Canada and then illustrating the significant impact of the Supreme Court of Canada’s decisions in this area.

The starting point is that in Canada, bail is entirely a …

Court Review 53:4 (2017) - Contents

Court Review: Journal of the American Judges Association

ARTICLES

148 The Calm Before the Storm? Selected Criminal-Law Cases in the Supreme Court’s 2016-2017 Term.

158 How Judges Can Reduce Racial Disparities in the Criminal- Justice System.

162 R-E-S-P-E-C-T: Transgender Pronoun Preference and the Application of the Model Code of Judicial Conduct.

170 The Impact of the Gerhardt Decision on Marijuana Driving Cases.

174 Asocial Media: When Lawyers and Judges Must Disconnect.

DEPARTMENTS SPECIAL FEATURES

138 Editor’s Note.

139 President’s Column.

140 Thoughts from Canada.

177 Crossword.

188 The Resource Page.

SPECIAL FEATURES

178 The Best of Court Review: 1998–2017.

Context Is Everything: Victims Who Stand Accused, Teresa M. Garvey

Court Review: Journal of the American Judges Association

Thanks to significant reforms over the past few decades, the American justice system today recognizes that intimate-partner violence is not a private wrong, but an evil that society as a whole condemns. Courts routinely issue protective orders to enhance victim safety and punish convicted batterers 1 with sentences commensurate with the seriousness of the harm they inflict. However, the dynamics of abuse and the pernicious effects of ongoing violence are not always recognized or taken into proper account when a victim of battering stands accused of some sort of wrongdoing, whether in criminal court or in the course of family-court …

Introduction, Lynn Rosenthal

Court Review: Journal of the American Judges Association

More than 20 years ago, I spoke at a meeting of a newly constituted task force on domestic violence in Florida. As the director of the state domestic-violence coalition, my job was to inspire local communities to take action. In those days, the principles promoted by the Violence Against Women Act (VAWA) of victim safety and offender accountability were just beginning to take hold. My presentation was pretty basic: the dynamics of domestic violence, its effects on victims, and the tactics offenders use to make victims look like they are the problem. After my talk, a family-court judge waited in …

Court Review 53:1 (2017) - Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

10 Introduction.

12 A Survivor’s Tale.

14 Context Is Everything: Victims Who Stand Accused.

22 Domestic Violence Expert Witness Testimony: A Guide for the Judiciary.

36 A Review of State Standards for Batterer Intervention Treatment Programs and the Colorado Model.

DEPARTMENTS

2 Editor’s Note.

3 President’s Column.

4 Thoughts from Canada.

42 Crossword.

44 The Resource Page.

Privileged Communications Of Military Chaplains And Mental Health Professionals: Case Law Of Military Rules Of Evidence 503 And 513, Tarik Abdel-Monem, Mark Dekraai, Denise Bulling

University of Nebraska Public Policy Center: Publications

Alarmingly high rates of post-traumatic stress disorder (PTSD) and suicide among Service members returning from military action1 has increased focus within the United States military about effectively providing mental health services.2 Concerns include problems related to an insufficient mental health workforce, military culture, and delivery of services.3 Within this context, how sensitive personal information is handled while seeking mental healthcare is a major concern for service members. The Department of Defense (DoD) and the U.S. Department of Veterans Affairs (DVA) recently partnered to examine opportunities for chaplains to have a role in improving mental health efforts, largely because of their …

Tier 3 Intervention: Expulsion, Natalie Hoff, Shir Palmon, Allie Heifner, Reece L. Peterson

Department of Special Education and Communication Disorders: Faculty Publications

Conclusion

Expulsion is a disciplinary consequence that has been around for many years and serves the purpose of removing students who violate the school codes of conduct or pose an immediate threat to the school. While this strategy was created with school safety in mind, it has been found to lead to serious detrimental outcomes for students and has apparently been over used due to zero tolerance policies. Not only do schools use this strategy for behaviors for which it was not intended, it is also applied disproportionally to students based on ethnicity, gender, and disability status. To address these …

2017-18 Unopa General Meeting Minutes

UNOPA: Minutes

No abstract provided.

Unopa Notes, November-December 2017

UNOPA: Newsletters

No abstract provided.

Unopa Notes, October 2017

UNOPA: Newsletters

No abstract provided.

Youthful Familicidal Offenders: Targeted Victims, Planned Attacks, Rosa Viñas-Racionero, Louis B. Schlesinger, Mario Scalora, John P. Jarvis

Department of Psychology: Faculty Publications

A nonrandom national sample of 16 familicides, which involved 19 offenders (ages 14 to 21 years) who either killed or made a serious attempt to kill their families, was studied. The majority of offenders were Caucasian (78.91 %) males (84.21 %) with interpersonal family conflicts due to parental control, substance use, or physical violence. Prior to the murders, 50 % of the offenders reported to others their intent to kill their families. All of the 42 reported victims were specifically targeted and most of the homicides were planned shooting attacks (75 %) rather than spontaneous eruptions. Immediately following the homicides, …

Hepatitis C Serosorting Among People Who Inject Drugs In Rural Puerto Rico, Ian Duncan, Ric Curtis, Juan Carlos Reyes, Roberto Abadie, Bilal Khan, Kirk Dombrowski

Department of Sociology: Faculty Publications

Due to the high cost of treatment, preventative measures to limit Hepatitis C (HCV) transmission among people who inject drugs (PWID) are encouraged by many public health officials. A key one of these is serosorting, where PWID select risk partners based on concordant HCV status. Research on the general U.S. population bySmith et al. (2013) found that knowledge of one's own HCV status facilitated serosorting behaviors among PWID, such that respondents with knowledge of their own status were more likely to ask potential partners about their status prior to sharing risk. Our objective was to see if this held true …

Differentiating Sexual Offender Type On Measures Of Impulsivity And Compulsivity, Tara J. Ryan, Matthew T. Huss, Mario Scalora

Department of Psychology: Faculty Publications

It is suspected that rapists, child molesters, and offenders with both child and adult victims (mixed offenders) may have different motivations and offending patterns—that they are heterogeneous. A central difference between these groups of offenders may be their propensity toward sexually impulsive behaviors and compulsive behavior. Analyses were conducted to assess the mean differences between the various offender types across four measures related to sensation seeking and compulsivity as well as several other proxy behavioral measures. Results suggest that there are differences in sexual impulsive and compulsive behavior among the different types of offenders. Treatment implications are discussed.

Structure And Service Delivery Approach Of The Children’S Bureau’S Resource Centers And Implementation Centers, Tammy Richards, Michelle Graef, Kathy Deserly, Peter Watson, Mark Ells

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

The Children’s Bureau (CB) provides a system of training and technical assistance (T/TA) to build the capacity of state and tribal child welfare systems, with the goal of improving outcomes for children and families. During the time period of 2008-2014, this infrastructure included ten National Child Welfare Resource Centers (NRCs), five Child Welfare Implementation Centers (ICs), and a Training and Technical Assistance Coordination Center (TTACC). Individual ICs and NRCs differed in structure and content expertise, yet they served the same jurisdictions and at times provided services concurrently. To increase cohesion and consistency, the NRCs, ICs, TTACC, and CB worked together …

Newbs Lose, Experts Win: Video Games In The Supreme Court, Angela J. Campbell

Nebraska Law Review

I. Introduction

II. The Advantage of a Supreme Court Expert ... A. California’s Counsel ... B. Entertainment Merchant Association’s (EMA) Counsel

III. Background on the Video Game Cases ... A. Cases Prior to Brown v. Entertainment Merchants Ass’n ... B. Brown v. Entertainment Merchants Ass’n ... 1. Before the District Court ... 2. Before the Ninth Circuit ... 3. Supreme Court

IV. Comparison of Expert and Non-Expert Representation in Brown ... A. Merits Briefs ... 1. Statement of Facts ... a. California’s Statement of Facts ... b. EMA’s Statement of Facts ... c. A More Effective Statement of Facts ... …

The Modern Penny Dreadful: Public Prosecution And The Need For Litigation Privacy In A Digital Age, Jennifer A. Brobst

Nebraska Law Review

I. Introduction

II. Cybercrime and the Social Impact of Loss of Privacy

III. Balancing Constitutional Rights of Transparency with the Need for Anonymity in the Courtroom … A. Anonymous Juries ... B. Jane Doe Motions and Disclosure of Litigant and Witness Identities

IV. Limitations on the Right of Public Access to Court Proceedings ... A. Bans on Recording Devices in Court ... B. Closing the Courtroom

V. Public Records and Privacy-Related Exemptions

VI. Not So Private Rights of Action ... A. Statutory Remedies ... B. Defamation ... C. Invasion of Privacy ... D. Employee Harassment

VII. Conclusion

The Relationship Between Survival Sex And Borderline Personality Disorder Symptoms In A High Risk Female Population, Jerreed Ivanich, Melissa L. Welch-Lazoritz, Kirk Dombrowski

Department of Sociology: Faculty Publications

Engaging in survival sex and mental illness are overrepresented within homeless populations. This article assesses the relationship between symptoms of borderline personality disorder (BPD) and engaging in survival sex among homeless women. One hundred and fifty-eight homeless women completed surveys on self-reported BPD symptomology and sexual history. Bivariate and multivariate analyses conducted in this study provided insights into the association of experiencing BPD symptoms and engaging in survival sex. Results indicate that some symptoms of BPD are robustly correlated with engaging in survival sex among homeless adult women. Implications for service agencies and others working with at-risk female populations are …

Social Factors, Alcohol Expectancy, And Drinking Behavior: A Comparison Of Two College Campuses, Kimberly A. Tyler, Rachel M. Schmitz, Scott A. Adams, Leslie Gordon Simons

Department of Sociology: Faculty Publications

Background: Though college students have high rates of heavy drinking, few studies have examined the various pathways through which risks affect drinking and whether this varies by institution. We examined whether alcohol expectancy mediates the relationship between social factors (i.e., hooking up, friends drinking, Greek affiliation, entitlement) and drinking behavior comparing college students from one Midwestern and one Southeastern university. Methods: In the 2013–14 academic year, 1,482 college students (51% female) enrolled in undergraduate courses at two public universities completed a paper and pencil survey of attitudes and experiences about dating, sexuality, and substance use. Multiple group path …

Public Health Framing And Attribution: Analysis Of The First Lady’S Remarks And News Coverage On Childhood Obesity, Jennifer A. Andersen, Lindsey E. Wylie, Eve M. Brank

Department of Sociology: Faculty Publications

First Lady Michelle Obama’s public health promotion “Let’s Move” seeks to place children on a path to better health by giving families access to health education and fostering healthier environments. We examined the use of public health framing and attribution of responsibility in the First Lady’s remarks and newspaper articles reporting on childhood obesity. We coded the Whitehouse.gov website for remarks made by the First Lady regarding the childhood obesity prevention program “Let’s Move.” Of the 103 remarks coded, 35% of the remarks used public health framing. The First Lady’s remarks attributed responsibility and solutions for the childhood obesity crisis …

Head Injury And Substance Use In Young Adults, Lisa Kort-Butler

Department of Sociology: Faculty Publications

Background: Prior studies suggest a link between head injuries and substance use but do not routinely capture mechanisms connecting the two.

Objectives: The goal of the study was to explore whether past head injuries predicted current substance use among young adults, taking factors such as stress, self-esteem, temper, and risk-taking into consideration.

Methods: Data were drawn from a web-based survey conducted in 2014 and 2015 at a public university in the United States (n = 897). Questions were asked about history of head injuries as well as past 12-month binge drinking, marijuana use, and prescription drug …

Period And Cohort Changes In Americans’ Support For Marijuana Legalization: Convergence And Divergence Across Social Groups, Philip Schwadel, Christopher G. Ellison

Department of Sociology: Faculty Publications

We cast fresh light on how and why Americans’ views on marijuana legalization shifted between 1973 and 2014. Results from age-period-cohort models show a strong negative effect of age and relatively high levels of support for legalization among baby boom cohorts. Despite the baby boom effect, the large increase in support for marijuana legalization is predominantly a broad, period-based change in the population. Additional analyses demonstrate that differences in support for legalization by education, region, and religion decline, that differences by political party increase, and that differences between whites and African Americans reverse direction. We conclude by discussing the implications …

Risk Assessment And Research Synthesis Methodologies In Food Safety: Two Effective Tools To Provide Scientific Evidence Into The Decision Making Process, Juan E. Ortuzar

Department of Food Science and Technology: Dissertations, Theses, and Student Research

The food supply chain is a complex and diverse system. Some food products need minimum processing to reach the consumers, while others involve several different processes, countries and suppliers, can take several months to be on the table of the end consumer. Regarding food safety, the public health of consumers is at stake and the consequences of outbreaks could prove disastrous. This has been recognized as a matter of global importance for the food industry and authorities around the world since several efforts to improve quality, safety and trade of food have arisen since the early 1960s. The birth of …

Annual Campus Security And Fire Safety Report 2016

University of Nebraska Board of Regents: Policies, Acts, and Other Materials

Safety and security information for the University of Nebraska, including crime & fire statistics for the 2015 calendar year. This information was submitted to the U.S. Department of Education according to law.

Annual Campus Security and Fire Safety Report and Clery Act Overview Law Enforcement on Campus Daily Crime Log/Fire Log Important Information Regarding Reporting Reporting Potential Threats Reporting Incidents of Bias Reporting a Crime Disciplinary Action for Sexual Misconduct Preventing and Addressing Sexual Assault, Domestic/Dating Violence and Stalking Sex Offender Registry Information Drugs and Alcohol Drug and Alcohol Programs Missing Student Policy and Procedure Crime Prevention and Campus Safety …

Oceanic Top-Down Trophic Cascades And The Link To Anthropogenic Effects, Amanda Gangwish

Department of Environmental Studies: Undergraduate Student Theses

As the human population continues to grow, it has become obvious that we are changing Earth’s ecosystems. These anthropogenic effects can create top-down trophic cascades throughout much of the Earth’s ecosystems – including the oceans. The oceans and the species that reside there are of extreme importance to the human population because they provide food and are sources of income for much of the world. Due to this importance, there has been a growing interest in researching the anthropogenic effects on the oceans and their species. The purpose of this review is to examine the current understanding of some major …

Network Approaches To Substance Use And Hiv/Hepatitis C Risk Among Homeless Youth And Adult Women In The United States: A Review, Kirk Dombrowski, Kelley J. Sittner, Devan Crawford, Melissa L. Welch-Lazoritz, Patrick Habecker, Bilal Khan

Department of Sociology: Faculty Publications

During the United States economic recession of 2008–2011, the number of homeless and unstably housed people in the United States increased considerably. Homeless adult women and unaccompanied homeless youth make up the most marginal segments of this population. Because homeless individuals are a hard to reach population, research into these marginal groups has traditionally been a challenge for researchers interested in substance abuse and mental health. Network analysis techniques and research strategies offer means for dealing with traditional challenges such as missing sampling frames, variation in definitions of homelessness and study inclusion criteria, and enumeration/population estimation procedures. This review focuses …