Digital Commons Network^™

Legal Phantoms In Cyberspace: The Problematic Status Of Information As A Weapon And A Target Under International Humanitarian Law, Jack M. Beard

Nebraska College of Law: Faculty Publications

Reports of state-sponsored harmful cyber intrusions abound. The prevailing view among academics holds that if the effects or consequences of such intrusions are sufficiently damaging, international humanitarian law (IHL) should generally govern them-and recourse to armed force may also be justified against states responsible for these actions under the jus ad bellum. This Article argues, however, that there are serious problems and perils in relying on analogies with physical armed force to extend these legal regimes to most events in cyberspace. Armed conflict models applied to the use of information as a weapon and a target are instead likely to …

Neopa General Meeting Minutes - October 2014

NEOPA Minutes

No abstract provided.

Exposure To Pre-Incident Behavior And Reporting In College Students, Mario Scalora, Brandon A. Hollister, Sarah Hoff, Alissa Marquez

University of Nebraska Public Policy Center: Publications

Campus targeted violence is preceded by noticeable, alarming behavior, and reporting improvement efforts have been suggested to increase students’ willingness to inform campus authorities of forewarning actions. Reporting improvement techniques have been most successful with material appealing to the perceptions of high-risk students (i.e., those likely to observe and not report). The current study examined the characteristics of students that view threatening behavior and lack willingness to report with a large, Midwestern, undergraduate sample (n 450). Approximately 35% of the sample (i.e., n 157) indicated observing pre-incident behavior on campus, and 65% of these individuals (i.e., n 101) described unwillingness …

2014-15 Unopa General Meeting Minutes

UNOPA: Minutes

No abstract provided.

Stability, United States Army

United States Army: Field Manuals

Stability, United States Army Field Manual FM 3-07

Not Just Welfare Over Justice: Ethics In Forensic Consultation, Philip J. Candilis, Tess M. S. Neal

University of Nebraska Public Policy Center: Publications

The ethics of forensic professionalism is often couched in terms of competing individual and societal values. Indeed, the welfare of individuals is often secondary to the requirements of society, especially given the public nature of courts of law, forensic hospitals, jails, and prisons. We explore the weaknesses of this dichotomous approach to forensic ethics, offering an analysis of Psychology’s historical narrative especially relevant to the national security and correctional settings. We contend that a richer, more robust ethical analysis is available if practitioners consider the multiple perspectives in the forensic encounter, and acknowledge the multiple influences of personal, professional, and …

6th Annual Interdisciplinary Conference On Human Trafficking 2014: Conference Program

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

Includes program schedule and presentation abstracts.

“A Hidden Part Of Me”: Latino/A Students, Silencing, And The Epidermalization Of Inferiority, Jason G. Irizarry, John Raible

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

Using Critical Race Theory (CRT) and Latino/a Critical Race Theory (LatCrit) as analytical tools, this article examines the experiences of a seven Latino/a high school students at various points of engagement with the school-to-prison pipeline. Building on and extending Franz Fanon’s (1952) concept of the epidermalization of inferiority, the authors demonstrate the nuanced ways that institutional racism and other interrelated forms of oppression function to contribute to a sense of internalized oppression among Latino/a youth. We critically examine the ways in which dialogue and collaborative research undertaken in a supportive classroom atmosphere can help students move from feeling shame and …

Court Review: The Journal Of The American Judges Association 50:4 (2014)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

164 Cell Phones and Everything Else: Criminal Law Cases in the Supreme Court’s 2013-2014 Term.

174 A New Model for Civil Case Management: Efficacy Through Intrinsic Engagement.

196 Informing Criminal Defendants of the Immigration Consequences of Their Convictions: The Trial Judge’s Duty.

DEPARTMENTS

162 Editor’s Note.

163 President’s Column.

212 The Resource Page.

The Resource Page (2014) 50 Page 40

Court Review: Journal of the American Judges Association

How often do you have the chance to get tips from judges throughout the country who have been recognized for their ability to fairly and efficiently handle civil cases? Even at the AJA’s annual educational conference, which had a program on this topic in 2013, you would hear only from a few judges. But the American College of Trial Lawyers and the Institute for the Advancement of the American Legal System have teamed up on a project that brings you the tips of nearly 30 such judges.

American College of Trial Lawyers members identified judges in seven states, representing population …

Court Review: The Journal Of The American Judges Association 50:3 (2014)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

112 Doubting Abood, Finding Religion at Hobby Lobby, and More: Civil Cases in the Supreme Court’s 2013-2014 Term.

126 Research Report: How Litigants Evaluate Legal Procedures at the Start of Their Cases.

136 The Filing and Briefing of Cross-Motions in State and Federal Court.

150 Interbranch Communication and Rule 3.2 of the 2007 ABA Model Code of Judicial Conduct.

DEPARTMENTS

110 Editor’s Note.

111 President’s Column.

160 The Resource Page.

Cell Phones And Everything Else: Criminal Law Cases In The Supreme Court’S 2013-2014 Term, Charles D. Weisselberg

Court Review: Journal of the American Judges Association

As in the past few years, most of the action in the Supreme Court’s 2013-2014 Term was on the civil side of the docket. On the criminal side, the undisputed blockbuster was Riley v. California,1 a seminal ruling about searches of cell phones incident to arrest. Riley is significant for several reasons, not the least of which is that it displays the justices’ understanding of new technologies (at last!) and their recognition that cases involving today’s technologies are difficult to decide by simple reference to the brick-and-mortar world. This article starts with Riley and other Fourth Amendment decisions then moves …

The Status Of Neurolaw: A Plea For Current Modesty And Future, Cautious Optimism, Stephen J. Morse

Court Review: Journal of the American Judges Association

In a 2002 editorial published in The Economist, the following warning was given: “Genetics may yet threaten privacy, kill autonomy, make society homogeneous and gut the concept of human nature. But neuroscience could do all of these things first.”1 The genome was fully sequenced in 2001, and there has not been one resulting major advance in therapeutic medicine since. Thus, even in its most natural applied domain—medicine—genetics has not had the far-reaching consequences that were envisioned.2 The same has been true of various other sciences that were predicted to revolutionize the law, including behavioral psychology, sociology, and psychodynamic psychology, to …

Empathy, Acceptance Of Responsibility, And Compelled Testimony In Juvenile Transfer Hearings: Legal Context And Empirical Evidence, Kirk Heilbrun, Sanjay Shah, Elizabeth Foster, Michael Keesler, Stephanie Brooks Holliday

Court Review: Journal of the American Judges Association

There are a number of legal decisions in which the court must decide whether juveniles can be rehabilitated. Such decisions include juvenile adjudication/placement, waiver, and reverse waiver.1 The criterion used by courts to consider rehabilitation amenability is typically phrased in a way similar to that described under Pennsylvania state law.2 In deciding whether a child may be decertified (reverse waived from criminal to juvenile court), the court can consider.

whether the child is amenable to treatment, supervision, or rehabilitation as a juvenile. The court may consider the following in determining treatment, supervision, or rehabilitation amenability: (a) age, (b) mental capacity, …

Court Review: The Journal Of The American Judges Association 50:1 (2014)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

4 Scrutinizing Confessions in a New Era of Juvenile Jurisprudence.

12 Expert Testimony in Juvenile and Adult Alleged False-Confession Cases.

20 Empathy, Acceptance of Responsibility, and Compelled Testimony in Juvenile Transfer Hearings: Legal Context and Empirical Evidence.

32 Protections for Juveniles in Self-Incriminating Legal Contexts, Developmentally Considered.

DEPARTMENTS

2 Editor’s Note.

3 President’s Column.

40 The Resource Page.

Court Review: The Journal Of The American Judges Association 50:2 (2014)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

44 Brain Imaging for Judges: An Introduction to Law and Neuroscience.

52 Evidentiary Incommensurability: A Preliminary Exploration of the Problem of Reasoning from General Scientific Data to Individualized Legal Decision-Making.

62 The Admissibility of Brain Scans in Criminal Trials: The Case of Positron Emission Tomography.

70 Should the Science of Adolescent Brain Development Inform Public Policy?.

78 Pain as Fact and Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions of Law.

94 The Status of NeuroLaw: A Plea for Current Modesty and Future, Cautious Optimism.

ESSAY

104 Keeping Up with Neurolaw: What to Know and Where to Look.

DEPARTMENTS

42 …

President’S Column (2015) 50 Page 111, Elliott Zide

Court Review: Journal of the American Judges Association

It has been my privilege to represent the American Judges Association at a great many meetings and conferences over the past year. Our organization is widely respected. The organization and its leadership are acknowledged as an effective “Voice of the Judiciary®,” for “Making Better Judges®,” for high-quality conferences, for excellent judicial-education programs, and for the developing AJA brand in the area of procedural fairness. At our midyear meeting in May, the new Arizona Chief Justice, Scott Bales, particularly commented on the value of Court Review, our quarterly journal, as a scholarly yet practical tool for judges at all levels to …

Scrutinizing Confessions In A New Era Of Juvenile Jurisprudence, Joshua A. Tepfer, Laura H. Nirider, Steven A. Drizin

Court Review: Journal of the American Judges Association

The landmark trilogy of United States Supreme Court juvenile sentencing decisions over the last decade is well known. Starting with the Roper v. Simmons 1 ruling in 2005 that abolished the death penalty for offenders under the age of 18, the Court has developed what might be called a “kids are different” Eighth Amendment jurisprudence. The last three years has seen the Court first outlaw life without parole sentences for juvenile non-homicide offenders 2 and then prohibit the mandatory imposition of this sentence on any offender under the age of 18.3

During this same time period, and utilizing a similar …

The Resource Page (2014) 50 Page 108

Court Review: Journal of the American Judges Association

Judges will find a wealth of resources at the website of the MacArthur Foundation Research Network on Law and Neuroscience. In 2007, the John D. and Catherine T. MacArthur Foundation initially funded an interdisciplinary research effort to integrate law and neuroscience. Since 2010, Vanderbilt University law professor Owen Jones has been the Network’s director.

In its initial phases, between 2007 and 2011, the Network “pursued several over-arching research questions at the intersection of neuroscience and law that were intended to:

• Improve legal decisions about the responsibility of transgressors for their actions;

• Further identify factors that can affect blameworthiness …

Brain Imaging For Judges: An Introduction To Law And Neuroscience, Owen D. Jones, Joshua W. Buckholtz, Jeffrey D. Schall, René Marois

Court Review: Journal of the American Judges Association

It has become increasingly common for brain images to be proffered as evidence in civil and criminal litigation.1 This article offers some general guidelines to judges about how to understand brain-imaging studies—or at least avoid misunderstanding them. (An appendix annotating a published brain imaging study, in order to illustrate and explain, with step-by step commentary, is available in the full text online.2)

Brain images are offered in legal proceedings for a variety of purposes, as Professors Carter Snead and Gary Marchant have usefully surveyed.3 On the civil side, neuro imaging has been offered in constitutional, personal injury, disability benefit, and …

Neon, Vol. 51 No. 1, Fall 2014

NEOPA Newsletters

No abstract provided.

Neopa 50th Anniversary (1964-2014)

NEOPA Special Events

No abstract provided.

Understanding The Link Between Men’S Alcohol Use And Sexual Violence Perpetration: The Mediating Role Of Sexual Objectification, Sarah Gervais, David Dilillo, Dennis E. Mcchargue

Department of Psychology: Faculty Publications

Objective: This study provided a novel consideration of the relations between alcohol consumption, sexual objectification, and sexual violence, because evidence for the links between sexual objectification and alcohol consumption as well as objectification and sexual violence are almost nonexistent in the published literature. We also developed a measure of interpersonal sexual objectification perpetration (ISOS-P) because there are no existing self-report measures of this construct. We hypothesized that these variables would be associated positively and that sexual objectification (including evaluating women’s bodies and making sexual advances toward women) would mediate the relation between alcohol use and sexual violence.

Method: …

Can College Students Use Emotion Regulation Strategies To Alter Intimate Partner Aggression-Risk Behaviors? An Examination Using I3 Theory, Rosalita C. Maldonado, David Dilillo, Lesa Hoffman

Department of Psychology: Faculty Publications

Objective: Drawing on Finkel and Eckhardt’s I³ theory (Finkel & Eckhardt, 2013), this experimental study examined the effects of emotion regulatory efforts on aggressive verbalizations during anger arousal.

Methods: Participants were 236 male and female college students with and without a history of intimate partner aggression (IPA) perpetration. Participants were randomized to 1 of 3 emotion regulation strategy conditions: cognitive reappraisal, expressive suppression, or no instruction. They were trained to use these strategies in response to emotionally evocative dating scenarios presented via the Articulated Thoughts in Simulated Situations (ATSS) paradigm. Participants’ aggressive verbalizations in response to these scenarios were …

Child Maltreatment And Adult Criminal Behavior: Does Criminal Thinking Explain The Association?, Lorraine E. Cuadra, Anna E. Jaffe, Renu Thomas, David Dilillo

Department of Psychology: Faculty Publications

Criminal thinking styles were examined as mediational links between different forms of child maltreatment (i.e., sexual abuse, physical abuse, and physical neglect) and adult criminal behaviors in 338 recently adjudicated men. Analyses revealed positive associations between child sexual abuse and sexual offenses as an adult, and between child physical abuse/neglect and endorsing proactive and reactive criminal thinking styles. Mediation analyses showed that associations between overall maltreatment history and adult criminal behaviors were accounted for by general criminal thinking styles and both proactive and reactive criminal thinking. These findings suggest a potential psychological pathway to criminal behavior associated with child maltreatment. …

Songs You Know By Heart: Alcohol, Promiscuous Sex, Drugs, And Escape In Jimmy Buffett’S Music, Eve M. Brank, Kathleen A. Fox, Victoria Kaspar

Department of Psychology: Faculty Publications

Some researchers argue singer-songwriter Jimmy Buffett’s lyrics focus on alcohol, promiscuous sex, and drugs, while others say Buffett’s music has changed since he sold out to corporate sponsorship. Results from a systematic coding of all 386 of his songs released since 1969 indicate Buffett’s music is more about escape and irony than deviant behaviors. Furthermore, lyric themes remain largely unaltered even through an increase in his popularity and corporate sponsorship.

Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell

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

This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.

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

UNL Faculty Course Portfolios

Because I am teaching HIST 340: U.S. Legal History for the first time and plan to make it a signature course of mine, I am using the course portfolio and peer review teaching workshop to carefully chart effective teaching strategies for this course. My goals are threefold: 1) to more deeply consider the constituency and position of this course as an important component of the Pre-Law Program and imagine ways to strengthen the History Department’s presence in that area; 2) to ensure the efficacy of teaching strategies and assessments in giving students the opportunities they need to meet course objectives; …

Jour 302: Reporting Ii—A Peer Review Of Teaching Project Inquiry Portfolio, Joseph Weber

UNL Faculty Course Portfolios

This document summarizes the results of an inquiry conducted as part of an advanced reporting course. The questions at hand were, “can students be taught to avoid bias in their journalistic work and to provide fair accounts of news developments?” and “how might they best be taught that?” This exploration revolved around a single lecture and discussion session, several reading assignments and the viewing of a video interview, and involved two writing assignments. The results suggest that both the teaching and evaluation of bias and fairness are difficult and complex. The findings suggest a single lesson may not be adequate …

Interpreting The Meaning Of “Corruptly Persuades”: Why The Ninth Circuit Got It Right In United States V. Doss, 630 F.3d 1181 (9th Cir. 2011), Daniel Leddy

Nebraska Law Review

The prosecution and deterrence of witness tampering is unmistakably a major concern of our criminal justice system. Indeed, “[w]ithout the cooperation of victims and witnesses, the criminal justice system would cease to function.” As important as this concern is, however, there must be clear limits on what type of conduct comprises witness tampering in the eyes of the law. Congress has laid out those limits in 18 U.S.C. § 1512—the federal witness tampering statute. Section 1512(b) prohibits the corrupt persuasion of another person with the intent to impede an official proceeding. Unfortunately, courts apply different interpretations of § 1512(b), resulting …