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Court Review: The Journal Of The American Judges Association 52:4 (2016)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

142 One Term, Two Courts: Selected Criminal-Law Cases in the Supreme Court’s 2015-2016 Term.

152 Harmful Effects of Child-Custody Evaluations on Children.

160 The Unsubstantiated Claims of Turkat’s Harmful Effects of Child-Custody Evaluations on Children.

170 Child Dead and Parent Charged with Murder After Psychologist Recommends Said Parent to Court: Turkat Responds to Gould and Posthuma’s Custody-Evaluation Fallacies.

DEPARTMENTS

134 Editor’s Note.

135 President’s Column.

136 Thoughts from Canada.

178 Crossword.

180 The Resource Page.

The Emotional Dimension Of Judging: Issues, Evidence, And Insights, Sharyn Roach Anleu, David Rottman, Kathy Mack

Court Review: Journal of the American Judges Association

Judicial emotions—their display in the courtroom, influence on judicial behavior, and ultimately, their impact on public trust in the judiciary—are under scrutiny as neuro-scientists and social scientists take a fresh look at judicial work and conduct. Emotions and their regulation raise important issues for the exercise of judicial authority, a role in which emotion is formally excised.1 What has been called “emotional labor” is one of several key concepts guiding empirical research and offering insights into how judges undertake their work.2 Other related or overlapping concepts include implicit bias, mindfulness, and procedural fairness. Judges have been introduced to these concepts …

Uncoverings: The Research Papers Of The American Quilt Study Group, Volume 37 (2016), Lynne Zacek Bassett, Diana Bell-Kite, Jonathan Gregory, Colleen Hall-Patton, Peggy Hazard, Sandy Staebell, Susan Stanley

Uncoverings Journal

Foreword by Lynne Zacek Bassett

Migrant Quilts of Southern Arizona by Peggy Hazard

Funeral Ribbon Quilts by Diana Bell-Kite

Why Ernest Haight Made Quilts by Jonathan Gregory

The Godey Quilt by Sandy Staebell

Protofeminist Thought in Mid-Twentieth Century Magazine Articles by Colleen Hall-Patton

Mary Catherine Lamb: Lady of Perpetual Garage Sales by Susan Stanley

Contributors

Index

Intersectionality At The Intersection Of Profiteering And Immigration Detention, Mariela Olivares

Nebraska Law Review

This Article presents an original exploration of the connections between the corporatization of mass immigration detention, the societal and political pressures for stricter immigration law and policy, and the subordination of immigrants. In short, the social and political subordination of immigrants, who embody the marginalized identities of criminal, non-citizen, and person of color, feed the profit-seeking carceral machine. To illuminate this practice, the Article uses as a case study the increased detention of mothers and children immigrants, who migrated to the United States in record numbers in 2014. This intersection between corporate profit models—immigration law and policy—and critical legal studies …

Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank

Department of Psychology: Faculty Publications

Older adults are an increasingly relevant subpopulation for criminal justice policy but, as yet, are largely neglected in the relevant research. The current research addresses this by reporting on a psychometric evaluation of a measure of older adults’ Confidence in Legal Institutions (CLI). Confirmatory factor analysis (CFA) provided support for the unidimensionality and reliability of the measures. In addition, participants’ CLI was related to cynicism, trust in government, dispositional trust, age, and education, but not income or gender. The results provide support for the measures of confidence in the courts and law enforcement, so we present the scale as a …

Masculinities In Cyberspace: An Analysis Of Portrayals Of Manhood In Men’S Rights Activist Websites, Rachel M. Schmitz, Emily Kazyak

Department of Sociology: Faculty Publications

A growth in cultural ideologies concerned with men and masculinities in contemporary American society has recently emerged. Men’s rights activist (MRA) groups embody a movement emphasizing the crisis of masculinity. Despite men’s privileged societal status, MRAs seek to establish resources for men to utilize in elevating their perceived subordinated position in society in relation to women and social minorities. Little research has systematically investigated MRAs on the Internet, which is rapidly becoming a primary source of information and social connectedness for people. Through a content analysis of the 12 most prominent MRA websites, we explore the various strategies used by …

Bullying Intervention In Adolescence: The Intersection Of Legislation, Policies, And Behavioral Change, Susan M. Swearer, Meredith Martin, Marc Brackett, Raul A. Palacios Ii

Department of Educational Psychology: Faculty Publications

This article reviews current research on bullying during adolescence. The complexity of bullying behaviors during the adolescent time period are discussed and a review of the developmental literature on adolescence provides suggestions for why current bullying prevention and intervention programs are less effective for this age group. Current anti-bullying policies and legislation are reviewed under a framework of adolescent brain development and the development of consequential thinking. Suggestions for implementing social-emotional learning programming during the adolescent period are provided and a novel approach using social media is presented. In order to effectively combat bullying during this developmental period, programming must …

Left Unsaid: The Role Of Work Expectations And Psychological Contracts In Faculty Careers And Departure, Kerryann O’Meara, Jessica Chalk Bennett, Elizabeth Niehaus

Department of Educational Administration: Faculty Publications

Faculty leave higher education institutions for many reasons, including higher salaries, more prestigious departments, lack of collegiality, a better geographic location, and to be closer to family (O'Meara, Lounder, & Campbell, 2014; Rosser, 2004; Smart, 1990; Xu, 2008). At the same time, research suggests that factors such as a higher salary and a more prestigious department are not really "pull" factors if faculty members are satisfied and thriving within their institution (Matier, 1990; O'Meara, 2014). Rather, faculty become predisposed to leave by virtue of dissatisfaction with certain aspects of their work environment (Daly & Dee, 2006; Johnsrud & Rosser, 2002; …

Hist 340: American Legal History—A Peer Review Of Teaching Project Inquiry Portfolio, Katrina Jagodinsky

UNL Faculty Course Portfolios

This inquiry portfolio measures the success of revisions made to HIST 340: American Legal History after a previous benchmark portfolio revealed a number of problems in communicating to students the importance and meaning of the course objectives, in correlating assessments to the final grade, and in documenting student learning and quality of instruction. The findings, outlined below, indicate that identifying a clear course theme; more strongly aligning readings, assessments, and discussions to course objectives; and restructuring the verbal and written analysis of readings dramatically improved students’ performance and satisfaction. Measures used include formal and informal student evaluations of instruction, formal …

A Legal-Conceptual Framework For The School-To-Prison Pipeline: Fewer Opportunities For Rehabilitation For Public School Students, Brian J. Fahey

Nebraska Law Review

I. Introduction

II. Three Models for Regulating Juvenile Conduct ... A. The Criminal Punishment Model ... 1. Rights Attendant to the Criminal Punishment Model ... 2. A Framework for Recognizing Criminal Punishment ... B. The Juvenile Justice Model ... 1. Rehabilitative Beginnings ... 2. Recognizing Due Process Rights in Juvenile Justice ... 3. A Retributive Renaissance in Juvenile Courts ... C. The School Discipline Model ... 1. Sparse Constitutional Origins ... 2. Students’ Rights and Punishment in Schools ... a. Goss v. Lopez ... b. Ingraham v. Wright ... 3. What Goss and Ingraham Tell Us about Students’ Rights in …

Restoring The Civil Jury In A World Without Trials, Dmitry Bam

Nebraska Law Review

Early in this nation’s history, the civil jury was the most important institutional check on biased and corrupt judges. Recently, concerns about judicial bias, especially in elected state judiciaries, have intensified as new studies demonstrate the extent of that bias. But the jury of Hamilton, Madison, and Jefferson is nowhere to be found. In fact, the civil jury is virtually dead. It is used in less than 1% of all civil cases, and even when it makes a rare appearance, the jury’s powers have been significantly curtailed. This Article argues that we must reimagine the civil jury to match the …

Decline In Ethical Concerns About Reproductive Technologies Among A Representative Sample Of Us Women, Arthur L. Greil, Kathleen S. Slauson-Blevins, Karina M. Shreffler, Katherine M. Johnson, Michele Lowry, Andrea R. Burch, Julia Mcquillan

Department of Sociology: Faculty Publications

Public awareness and utilization of assisted reproductive technology has been increasing, but little is known about changes in ethical concerns over time. The National Survey of Fertility Barriers, a national, probability-based sample of US women, asked 2031 women the same set of questions about ethical concerns regarding six reproductive technologies on two separate occasions approximately 3 years apart. At Wave 1 (2004–2007), women had more concerns about treatments entailing the involvement of a third party than about treatments that did not. Ethical concerns declined between Wave 1 and Wave 2, but they declined faster for treatments entailing the involvement of …

Content Analysis In The Study Of Crime, Media, And Popular Culture, Lisa Kort-Butler

Department of Sociology: Faculty Publications

Content analysis is considered both a quantitative and a qualitative research method. The overarching goal of much of the research using this method is to demonstrate and understand how crime, deviance, and social control are represented in the media and popular culture. Unlike surveys of public opinions about crime issues, which seek to know what people think or feel about crime, content analysis of media and popular culture aims to reveal a culture’s story about crime. Unlike research that examines how individuals’ patterns of media consumption shape their attitudes about crime and control, content analysis appraises the meaning and messages …

A Fiscal Model Program Theory Proposal For Training Reentry Citizen Ex-Convicts To Remodel Abandoned Houses, James A. Hanson

Department of Educational Administration: Dissertations, Theses, and Student Research

The purpose of this study was to develop and examine a fiscal program theory model and proposal for training reentry citizen ex-convicts to remodel abandoned houses. A sustainable program theory model describes ways that training and employing these citizens to remodel abandoned houses may be expected to have benefits to a community. The recently released ex-convicts will learn a construction trade, earn a sustainable wage, and the once-abandoned houses will be returned to the city tax rolls. Vocational education and workforce training are key to this program. The literature indicates that national jobless rates for recently released inmates is well …

Making Marital Rape Visible: A History Of American Legal And Social Movements Criminalizing Rape In Marriage, Joann M. Ross

Department of History: Dissertations, Theses, and Student Research

This study examines the history of marital rape and related topics in the United States within the broader context of women’s legal and political rights. The project demonstrates the interplay between women’s activists, legislators, the criminal justice system, and an involved public necessary to change both societal and legal views on spousal rape, and eventually its criminalization in all fifty states.

Concentrating on approaches to criminalizing marital rape in three of the fifty states, this dissertation provides a reasonable representation of the existence of the marital rape exemption in America, arguments used to maintain the exemption, and various methods used …

Substance Use Disorders, Comorbidity, And Arrest Among Indigenous Adolescents*, Kelley J. Sittner Hartshorn, Les B. Whitbeck, Patricia Prentice

Department of Sociology: Faculty Publications

Indigenous adolescents are overrepresented at multiple stages of the justice system, but we know very little about the role that mental health, particularly substance use disorder, plays in Indigenous pathways to arrest. This study examined the association between substance use disorder, its comorbidity with other disorders, and arrest using a longitudinal sample of Indigenous youth from the Northern Midwest and Canada. Of the 16% of youth who reported at least one arrest at Wave 5, half met criteria for substance abuse/dependence, and slightly more for conduct disorder. Substance abuse/dependence and conduct disorder were each associated with an increased risk of …

Adolescent Survival Expectations: Variations By Race, Ethnicity, And Nativity, Tara D. Warner, Raymond R. Swisher

Department of Sociology: Faculty Publications

Adolescent survival expectations are linked to a range of problem behaviors, poor health, and later socioeconomic disadvantage, yet scholars have not examined how survival expectations are differentially patterned by race, ethnicity, and/or nativity. This is a critical omission given that many risk factors for low survival expectations are themselves stratified by race and ethnicity. Using the National Longitudinal Study of Adolescent to Adult Health, we modeled racial, ethnic, and immigrant group differences in trajectories of adolescent survival expectations and assess whether these differences are accounted for by family, neighborhood, and/or other risk factors (e.g., health care access, substance use, exposure …

Improving The Network Scale-Up Estimator: Incorporating Means Of Sums, Recursive Back Estimation, And Sampling Weights, Patrick Habecker, Kirk Dombrowski, Bilal Khan

Department of Sociology: Faculty Publications

Researchers interested in studying populations that are difficult to reach through traditional survey methods can now draw on a range of methods to access these populations. Yet many of these methods are more expensive and difficult to implement than studies using conventional sampling frames and trusted sampling methods. The network scale-up method (NSUM) provides a middle ground for researchers who wish to estimate the size of a hidden population, but lack the resources to conduct a more specialized hidden population study. Through this method it is possible to generate population estimates for a wide variety of groups that are perhaps …

Conference Program & Schedule: 7th Annual Interdisciplinary Conference On Human Trafficking

Annual Interdisciplinary Conference on Human Trafficking: 7th (2015)

Keynote Speakers: Dr. Kevin Bales & Siddharth Kara

Conference Supporters: UNL College of Business Administration, UNL Vice Chancellor’s Office for Research and Development, UNL College of Journalism and Mass Communications, UNL College of Law, UNL College of Arts & Sciences, UNO College of Public Affairs and Community Service, Nebraska Family Alliance, UNO School of Criminology and Criminal Justice, Women’s Fund of Omaha, UNL Senior Vice Chancellor for Academic Affairs Office, The Forsythe Family Program on Human Rights and Humanitarian Affairs, The Journal of Human Trafficking, published by Routledge, Dr. Kevin Bales (providing free copies of his book), Tom Tidball Photography, …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 48, Number 2, Fall 2015

Nebraska Transcript

2 Dean’s Message

Faculty Updates

4 Profile: Ruser: Serving Nebraskans

6 Faculty Notes

15 Schaefer Inducted as Corresponding IAA Member at Ceremony at SpaceX Headquarters

16 Berger promoted to full professor

17 Our faculty: Leading the way on issues of today

35 Mueller finds diverse background in practice helpful in CDO position

36 Ebel, Cline Williams Jurist-in-Residence, examines evolution of 4th Amendment

37 Law College celebrates 40th anniversary of first class in its East Campus home

38 College honored to host international competition

40 Native American Law offers students variety of experiences relevant to state

42 Client Counseling Competition: 2Ls …

Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe

SANE journal: Sequential Art Narrative in Education

This article outlines two graphic novels and an accompanying activity designed to unpack complicated intersections between racism, poverty, and (d)evolving criminal-legal policy. Over 2 million adults are held in U.S. prison facilities, and several million more are under custodial supervision, and it has become clearly unsustainable. In the last decade, there has been a shift in media conversations about criminality, yet only a few suggest decreasing our reliance upon incarceration. In meaningfully different ways, the two novels trace the development of incarceration from its roots in slavery to its contemporary anti-democratic iteration and offer an underpublicized alternative.

Critical and community …

A Field Study Of A Comprehensive Violence Risk Assessment Battery, Tess M. S. Neal, Sarah L. Miller, R. Clayton Shealy

University of Nebraska Public Policy Center: Publications

We used archival data to examine the predictive validity of a prerelease violence risk assessment battery over 6 years at a forensic hospital (N = 230, 100% male, 63.0% African American, 34.3% Caucasian). Examining “real-world” forensic decision making is important for illuminating potential areas for improvement. The battery included the Historical-Clinical- Risk Management–20, Psychopathy Checklist–Revised, Schedule of Imagined Violence, and Novaco Anger Scale and Provocation Inventory. Three outcome “recidivism” variables included contact violence, contact and threatened violence, and any reason for hospital return. Results indicated measures of general violence risk and psychopathy were highly correlated but weakly associated with reports …

The Association Between Stalking And Violence In A Sample Of Spanish Partner Violence Cases, Rosa Viñas-Racionero, Chitra Raghavan, Miguel Ángel Soria-Verde, Remei Prat-Santaolaria

Department of Psychology: Faculty Publications

The present descriptive study analyzes stalking in a sample of 278 Spanish court cases involving partner violence and contrasts the benefits of the new bill article 172ter, which criminalizes stalking, compared with the Organic Law 1/2004 on partner violence. Thirty-seven percent (37%) of the total sample included stalking behaviors, which manifested in intimidatory (60%) and controlling (45%) unwanted verbal communications (62%) and physical approaches (42%) that ended violently in a third of the cases (35%). Cases involving violent stalking, non-violent stalking, and physical violence without stalking were compared. A closer look at violent stalking cases uncovered that intimacy-seeking stalking behavior …

Intimate Partner Violence Risk Among Victims Of Youth Violence: Are Early Unions Bad, Beneficial, Or Benign?*, Danielle C. Kuhl, David F. Warner, Tara D. Warner

Department of Sociology: Faculty Publications

Youth violent victimization (YVV) is a risk factor for precocious exits from adolescence via early coresidential union formation. It remains unclear, however, whether these early unions 1) are associated with intimate partner violence (IPV) victimization, 2) interrupt victim continuity or victim–offender overlap through protective and prosocial bonds, or 3) are inconsequential. By using data from the National Longitudinal Study of Adolescent to Adult Health (N = 11,928; 18–34 years of age), we examine competing hypotheses for the effect of early union timing among victims of youth violence (n = 2,479)—differentiating across victimization only, perpetration only, and mutually combative relationships and …

Understanding Childhood Maltreatment: Literature Review And Practical Applications For Educators, Sarah E. Wright

College of Education and Human Sciences: Dissertations, Theses, and Student Research

The purpose of this thesis is to conduct a critical and descriptive review of the research related to children who experience trauma due to maltreatment—whether because of physical, sexual, emotional, or psychological abuse and neglect—their effects on children, and the potential impact in school and how educational personnel can support the needs of these students. An overview of child maltreatment and review of the literature related to children who have experienced maltreatment was provided including: (a) type of maltreatment, (b) prevalence of maltreatment, (c) effects of maltreatment, (d) treatment approaches, and (f) relevance for educators. The methods and results for …

A Comparison Between Telehealth And Face-To-Face Brief Alcohol Interventions For College Students, Sarah Christine King

Department of Psychology: Dissertations, Theses, and Student Research

Problematic alcohol use is a common occurrence among college students. While empirically supported interventions exist, their access is typically limited to those who attend large universities. In the health care field there has been an expansion of services provided via telehealth to increase client access to treatment. However, the evidence is mixed regarding the effectiveness of face-to-face versus telehealth interventions and there is a gap in the literature regarding the use of telehealth interventions for brief alcohol interventions in college students. As such, the purpose of this study was to test the effectiveness of a well-validated brief alcohol screening and …

Effects Of Abusive Parenting, Caretaker Arrests, And Deviant Behavior On Dating Violence Among Homeless Young Adults., Kimberly A. Tyler, Rachel Schmitz

Department of Sociology: Faculty Publications

Though dating violence is widespread among young adult homeless populations, its risk factors are poorly understood by scholars. To address this gap, the current study uses a social learning theory to examine the effects of abusive parenting and caretaker arrests on dating violence among 172 homeless young adults. Results from path analyses revealed that child physical abuse and caretaker arrests were positively associated with engaging in a greater number of school fights, which, in turn, was strongly and positively correlated with participating in more deviant subsistence strategies (e.g., stealing) since being on the street. Young people who participated in a …

Honoring Diversity In An Online Classroom: Approaches Used By Instructors Engaging Through An Lms, Jacob Petersen

Department of Teaching, Learning, and Teacher Education: Theses and Other Student Research

This is an inquiry into how online instructors embrace the diversity of their student body while facing the inherent differences between a traditional face-to-face class and one that is taught online. Current research suggests that diversity in a traditional classroom is an asset if the instructor is sensitive to students’ backgrounds. This paper examines if such philosophies in traditional classrooms translate well into a distance education environment, where the student body may be even more diverse than a face-to-face class, but possibly unrecognizable because of the lack of physical cues. Research on the topic of multiculturalism in an online classroom …

Partnerships Through Adult Education: Re-Conceptualizing Family Literacy In The New Latino Diaspora, Jennifer Leigh Stacy

Department of Teaching, Learning, and Teacher Education: Theses and Other Student Research

Schools are complex social institutions that mediate the experiences of newcomer families in the US. In recent years, a body of scholarship known as New Latino Diaspora has followed the migration of Latino families as they have moved away from traditional gateway communities and settled into territories that have previously been home to few, if any, Latino families. As a result, both institutionalized and grassroots educational initiatives have emerged as vehicles to support newcomer families as they learn English and adapt to living in a new community. This dissertation looks at the cultural space of a family literacy program that …

A Model For Understanding Structure Versus Agency In The Participation Of Minors In The Commercial Sex Market, Courtney Thrash

Department of Sociology: Dissertations, Theses, and Student Research

In 2000, the Trafficking Victims Protection Act defined any sex worker under the age of eighteen as a victim of sex trafficking and exploitation, while requiring evidence of coercion for those eighteen and over for the same charge. This definition makes explicit a common conception concerning CSEC, namely, that their status as participants in the sex economy rests upon a lack of personal and legal agency. Research on female sex workers often focuses on their victimization, such as childhood sexual abuse and neglect. Conversely, research on male sex workers often ignores their possible victimization and instead emphasizes their drug use, …