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When Claiming To Teach For Social Justice Is Not Enough: Majoritarian Stories Of Race, Difference, And Meritocracy, Kara Viesca, Aubrey Scheopner Torres, Joan Barnatt, Peter Piazza

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

To understand how dominant messages about race and effective pedagogy impact teacher beliefs and practice, this study employs critical race theory (CRT) in a case study analysis of Rebecca Rosenberg, a mid-career entrant into the teaching profession who was terminated from her first job before the end of her district’s probationary period. Despite believing she was teaching for social justice, being prepared in a program oriented toward social justice, and being hired in a school with a comparable mission, Rebecca’s beliefs and practices affirmed uncritical perspectives of the status quo regarding race, schooling, and social ascendance. This research underscores the …

Consideration Of Rehabilitative Factors For Sentencing In Federal Courts: Tapia V. United States, 131 S. Ct. 2382 (2011), Andrea Avila

Nebraska Law Review

The United States has the highest rate of incarceration in the world. In 2010, one in forty-eight adults were on probation or parole, and one in 104 adults were in correctional custody. Once convicted, between 70%3 and 89%4 of criminal defendants are sentenced to imprisonment. Since 1986, the number of people imprisoned in the United States has grown from approximately 746,0005 to more than 2.2 million in 2010. These exceedingly high numbers show a trend of increasing imprisonment, starting in the 1980s. Frustrated by the perceived failure of the criminal justice system, the nation almost completely rejected rehabilitation as a …

President’S Column: We’Re In Touch, So You Be In Touch, Elliott Zide

Court Review: Journal of the American Judges Association

It is a privilege and honor to begin my term as your president, especially at a time when AJA is so well respected and highly regarded as the largest judge-only organization in North America.

As I write, I have recently returned from the fantastic 53rd education conference in Hawaii where we were honored by welcoming letters from Hawaii Governor Neil Abercrombie, U.S. Senator Brian Schatz, and U.S. Representative Colleen Hanabusa. Hawaii Chief Justice Mark Recktenwald came in person to open the conference. If you missed this uplifting event and the chance to interact with more than 150 of the best …

Court Review: The Journal Of The American Judges Association 49:1 (2013)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

4 National Consortium on Racial and Ethnic Fairness in the Courts Celebrates 25 Years.

6 The Third Branch of the Third Sovereign: A Brief History of Tribal Courts and Their Perception in the Supreme Court.

14 Knowing the Communities We Serve.

24 The Supreme Court’s Emerging Jurisprudence on the Punishment of Juveniles: Legal and Policy Implications.

40 Achieving Racial and Ethnic Fairness in Drug Courts.

48 The Court’s Brain: Neuroscience and Judicial Decision Making in Criminal Sentencing.

64 Addressing Implicit Bias in the Courts.

DEPARTMENTS

2 Editor’s Note.

3 President’s Column.

72 The Resource Page.

The Court’S Brain: Neuroscience And Judicial Decision Making In Criminal Sentencing, Kimberly Papillon

Court Review: Journal of the American Judges Association

Cutting-edge neuroscientific studies provide new insights into the inner workings of the human brain. At the same time, innovations in justice-system data collection have allowed researchers to gather and analyze vast quantities of statistical data in criminal-sentencing patterns. The combination of the two genres of study provides us with the first scientifically based demonstration that well-meaning egalitarian judges may have strong neurophysiologic reactions to defendants, victims, experts, and attorneys. These reactions help us explore whether or not race affects judicial decision making.

The Model Code of Judicial Conduct, caselaw, the Fourteenth Amendment, and the constitutions of every state prohibit judges …

Addressing Implicit Bias In The Courts, Pamela M. Casey, Roger K. Warren, Fred L. Cheesman, Jennifer K. Elek

Court Review: Journal of the American Judges Association

Fairness is a fundamental tenet of American courts. Yet, despite substantial work by state courts to address issues of racial and ethnic fairness,2 public skepticism that racial and ethnic minorities receive consistently fair and equal treatment in American courts remains widespread.3 Why?

THE INFLUENCE OF IMPLICIT ASSOCIATIONS

Perhaps one explanation may be found in an emerging body of research on implicit cognition. During the last two decades, new assessment methods and technologies in the fields of social science and neuroscience have advanced research on brain functions, providing a glimpse into what National Public Radio science correspondent Shankar Vedantam refers to …

The Supreme Court’S Emerging Jurisprudence On The Punishment Of Juveniles: Legal And Policy Implications, Joanna L. Visser, Jeffrey L. Shook

Court Review: Journal of the American Judges Association

In the 1980s and 1990s, nearly every state enacted legislative changes that eased the process of treating juveniles as adults. Scholars seeking to understand the consequences of these changes have found evidence of an increase in the number of juveniles transferred to criminal court and sentenced as adults. As part of this increase, the number of juveniles receiving sentences of life without the opportunity for parole (LWOP) rose substantially. In fact, a large majority of the approximately 2,600 individuals serving LWOP sentences for crimes committed as juveniles (under age 18) were sentenced over the last several decades. LWOP sentences for …

First, Do No Harm: On Addressing The Problem Of Implicit Bias In Juror Decision Making, Jennifer K. Elek, Paula Hannaford-Agor

Court Review: Journal of the American Judges Association

Over the past three decades, court leaders across the country have taken aggressive steps to confront racial bias in the courts. Recent efforts include in-depth judicial education and training about how an individual’s unconscious attitudes (including culturally learned associations or generalizations that we tend to think of as stereotypes) introduce unjustified assumptions about other people and related evidence that can distort a person’s judgment and behavior. This phenomenon is now referred to as implicit bias to differentiate it from explicit or intentional bias. Judicial education programs focus on raising judicial awareness about implicit bias and introducing techniques that judges may …

Court Review: The Journal Of The American Judges Association 49:4 (2013)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

164 More than Marriage: Civil Cases in the Supreme Court’s 2012-2013 Term.

178 DNA, Dogs, the Nickel, and Other Curiosities: Criminal Law Cases in the Supreme Court’s 2012-2013 Term.

190 First, Do No Harm: On Addressing the Problem of Implicit Bias in Juror Decision Making.

200 Promoting Nonpartisan Judicial Integrity: An Evaluation of the American Bar Association’s Inclusion of the Term “Domestic Partner” in the 2007 Model Code of Judicial Conduct.

DEPARTMENTS

162 Editor’s Note.

163 President’s Column.

204 The Resource Page.

Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi

Court Review: Journal of the American Judges Association

Perceptions of judges ought to be based on their performance. Yet, few studies of the relation between perceived and actual judicial performance exist. Those claiming judicial bias should be especially sensitive to the relation between perception and performance. Judges perceived by the public or by the legal community as disfavoring a group may be regarded as biased, but that perception is unfair if the judges’ votes in cases do not disfavor the group. For example, it may be unfair to accuse an appellate judge of pro-state bias in criminal cases if the judge votes for defendants at a higher rate …

Who Are You Going To Believe?, Richard Schauffler, Kevin S. Burke

Court Review: Journal of the American Judges Association

Although most of the time people tell the truth, people do lie. On a bad day, those working in the justice system get lied to all day long. Some days the lies are harmless, even unnecessary, and they amuse and entertain. Some of the lies are a product of self-deception: “I can quit doing drugs any time I want.” Some statements are not lies but honest mistakes: “I’m sure that is the guy who robbed me.” But on other days the lies are despicable and dangerous, and they must be exposed.

The question is: Can we tell the difference between …

The Third Branch Of The Third Sovereign: A Brief History Of Tribal Courts And Their Perception In The Supreme Court, Keith Richotte Jr.

Court Review: Journal of the American Judges Association

No other branch of any government at any level in the United States faces the same sorts of unique challenges, jurisdictional quandaries,1 resource limitations, and threats to its authority than tribal courts. Yet, despite the challenges tribal courts face—not the least of which is a wariness and sometimes outright hostility from other American courts—tribal nations and especially tribal courts have grown increasingly adept and innovative at finding ways to overcome the myriad of hurdles that confront them.

The role of today’s tribal court often requires it to blend two different, although not necessarily competing, legal traditions: older tribal common law …

Achieving Racial And Ethnic Fairness In Drug Courts, Douglas B. Marlowe

Court Review: Journal of the American Judges Association

In June 2010, the Board of Directors of the National Association of Drug Court Professionals (NADCP) passed a unanimous resolution directing drug courts to examine whether unfair disparities exist in their programs for racial or ethnic minority participants, and if so, to take reasonable corrective measures to eliminate such disparities.1 The resolution places an affirmative obligation on drug courts to continuously monitor whether minority participants have equal access to the programs, receive substantially equivalent services in the programs, and successfully complete the programs at equivalent rates to non-minorities.2 The resolution further directs drug courts to adopt evidence-based assessment tools and …

Court Review: The Journal Of The American Judges Association 49:3 (2013)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

124 Who Are You Going to Believe?.

132 Utilization of Rules 614 and 706 in Fact-Finding: A Recent Study of Midwest Judges.

140 Improving Judicial-Performance Evaluation: Countering Bias and Exploring New Methods.

146 Actual Versus Perceived Performance of Judges

. DEPARTMENTS

122 Editor’s Note.

123 President’s Column.

160 The Resource Page.

“Ever Since The Hanging Of Oliphant” Lynching And The Suppression Of Mob Violence In Topeka, Kansas, Brent M.S. Campney

Great Plains Quarterly (through 2013)

“The most remarkable scene ever enacted in the heart of a great city was witnessed in Topeka last night, in the final act of the tragedy on which the curtain rose with the sunrise yesterday,” reported the Topeka Daily Capital on June 5, 1889. “Twelve hours after the spirit of Alonzo T. Rodgers had taken its flight, his murderer was hung in the very center of the capital city, under the broad glare of the electric light and by a body of ‘vigilantes’ which in its composition was equalled by no other in all the history of the western world.” …

Nefdc Exchange, Volume 26, Fall 2013, New England Faculty Development Consortium

New England Faculty Development Consortium Exchange

Contents

President's message - Deborah J. Clark,

Peer-Instruction in your Classroom: A Balancing Act - Dorothy A. Osterholt and Sophie Lampard Dennis, Landmark College

Call for Proposals for the Spring 2014 Conference

Spring conference: June 6, 2014, “Moving from STEM to STEAM: What Really Works”

Build Tomorrow’s Problem Solvers Today: Develop Positive Deviants! - Genevieve E. Chandler, University of Massachusetts-Amherst

Engaged Learning and the Art of Mindfulness in Higher Education - Yvonne Vissing, Salem State University and Michelle Solloway, Greater Los Angeles VA Health Care System

What Can Evolutionary Psychology Teach Us about Pedagogy? - Randy Laist, Goodwin College

Board …

Neopa Annual Report 2013–2014

NEOPA Annual Reports

Nebraska Educational Office Professionals Association annual report.

Reducing Courts’ Failure-To-Appear Rate By Written Reminders, Brian H. Bornstein, Alan Tomkins, Elizabeth Neeley, Mitchel Herian, Joseph A. Hamm

Department of Psychology: Faculty Publications

This article examines the effectiveness of using different kinds of written reminders to reduce misdemeanor defendants’ failure- to-appear (FTA) rates. A subset of defendants was surveyed after their scheduled court date to assess their perceptions of procedural justice and trust and confidence in the courts. Reminders reduced FTA overall, and more substantive reminders (e.g., with information on the negative consequences of FTA) were more effective than a simple reminder. FTA varied depending on several offense and offender characteristics, such as geographic location (urban vs. rural), type of offense, and number of offenses. The reminders were somewhat more effective for Whites …

The Mediating Effect Of Hostility Toward Women On The Relationship Between Childhood Emotional Abuse And Sexual Violence Perpetration, Alania M. Vivolo-Kantor, Sarah Degue, David Dilillo, Lorraine E. Cuadra

Department of Psychology: Faculty Publications

Some evidence suggests that childhood emotional abuse (CEA) may serve as a risk factor for sexual violence (SV) perpetration; however, little is known about the mechanisms by which CEA may influence SV. This study examined the relationship between CEA and SV by assessing the mediating role of hostility toward women (HTW) in a sample of adjudicated adult males (N = 360). Approximately 1 in 5 participants was classified as sexually violent based on self-reported behavior and/or criminal records. Results indicated that CEA significantly predicted HTW and SV, and HTW significantly predicted SV. As hypothesized, the relationship between CEA and SV …

Justice League? Depictions Of Justice In Children’S Superhero Cartoons, Lisa A. Kort-Butler

Department of Sociology: Faculty Publications

The literature argues that media depictions of criminal justice present messages that conform to and promote the dominant ideology about the crime problem and how to solve it. Research has focused on television news and adult programs, but little research has examined messages about justice present in children’s shows. To fill this gap, an ethnographic content analysis of children’s cartoons was conducted, using a sample of episodes from Batman: The Animated Series, Spider-Man, and Justice League Unlimited. Several themes emerged. First, the justice system is often depicted as ill equipped to handle serious crime. Second, story lines suggested that the …

Theory, Measurement And Hard Times: Some Issues For Hiv/Aids Research, Samuel R. Friedman, Milagros Sandoval, Pedro Mateu-Gelabert, Diana Rossi, Marya Gwadz, Kirk Dombrowski, Pavlo Smyrnov, Tetyana Basylyeva, Enrique R. Pouget, David Perlman

Department of Sociology: Faculty Publications

Economic and political instability and related “big events” are widespread throughout the globe. Although they sometimes lead to epidemic HIV outbreaks, sometimes they do not—and we do not understand why. Current behavioural theories do not adequately address these processes, and thus cannot provide optimal guidance for effective intervention. Based in part on a critique of our prior “pathways” model of big events, we suggest that cultural–historical activity theory (CHAT) may provide a useful framework for HIV research in this area. Using CHAT concepts, we also suggest a number of areas in which new measures should be developed to make such …

Out On The Land: Income, Subsistence Activities, And Food Sharing Networks In Nain, Labrador, Kirk Dombrowski, Emily Channell, Bilal Khan, Joshua Moses, Evan Misshula

Department of Sociology: Faculty Publications

In recent Inuit ethnography, a major concern has been how and to what extent contemporary Inuit participate in and depend on subsistence activities, particularly in the context of increasing wage employment and growing participation in the cash economy. This paper provides an analysis of these activities in the predominately Inuit community of Nain, Labrador. Using social network data and demographic information collected between January and June 2010, we examine the interconnections between subsistence activities—obtaining “country food” through activities such as hunting, fishing, and collecting—with access to the means of obtaining subsistence resources (such as snow mobiles, cabins, and boats), employment …

Cutting The Bread, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Why the draft Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Received Force against Outer Space Objects (PPWT) will not work—whereas the Code of Conduct for Outer Space Activities may.

Reclaiming “Anthropology: The Forgotten Behavioral Science In Management History” – Commentaries, Fred Luthans, Ivana Milosevic, Beth A. Bechky, Edgar H. Schein, Susan Wright, Davydd J. Greenwood

Department of Management: Faculty Publications

Purpose – This collection of commentaries on the reprinted 1987 article by Nancy C. Morey and Fred Luthans, “Anthropology: the forgotten behavioral science in management history”, aims to reflect on the treatment of the history of anthropological work in organizational studies presented in the original article.

Design/methodology/approach – The essays are invited and peer-reviewed contributions from scholars in organizational studies and anthropology.

Findings – The scholars invited to comment on the original article have seen its value, and their contributions ground its content in contemporary issues and debates.

Originality/value – The original article was deemed “original” for its time (1987), …

Law 799: Clinical Practice-Criminal—A Peer Review Of Teaching Project Benchmark Portfolio, Steven Schmidt

UNL Faculty Course Portfolios

This portfolio provides a broad overview of my teaching of Law 799. It not only gives the reader an understanding of the goals I have for the course, but also how I endeavor to reach those goals. Finally, through the use of student assessment, this portfolio provides insight as to whether my goals were reached and to what degree. Thus, the portfolio serves to inform me of areas needing improvement.

Nefdc Conference Program, Fall 2012, New England Faculty Development Consortium

New England Faculty Development Consortium Conference Programs

Colleges of Worcester Consortium and New England Faculty Development Consortium

Staying on Course through College!

Conference Program

November 16, 2012

College of the Holy Cross

Worcester, Massachusetts, United States

Nebraska Transcript (University Of Nebraska College Of Law), Volume 45, Number 2, Fall 2012

Nebraska Transcript

Dean’s Message 2

Faculty Updates

Profile: Rob Denicola 4

Potuto Gives Chancellor’s Distinguished Lecture 6

Faculty Notes 8

Berger Receives Tenure 15

Schutz Granted Tenure 21

Shoemaker Joins Faculty 28

Stohs Opens Entrepreneurship Clinic 29

Thimmesch Joins Faculty 30

Feature: Client Counseling Competition Champions 31

Around the College

Bresel Experiences on Capitol Hill 38

Externships 39

Department of Defense Externship 42

Hilgers Joins Career Services 44

Big Ten Law Deans Meet at College 45

Karlan Delivers Lane Lecture 46

Laurin Lectures on Roberts Court 48

Admissions Report 50

Baughman Joins Admissions Office 52

Student Accolades 53

Students Volunteer at Voices …

Evaluating The Role Of Latinidad And The Latino Threat In The State Of Missouri, Joel Jennings, J.S. Onésimo Sandoval

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Growing Latino populations in midwestern cities of the United States are leading to the creation of contested ethnic spaces and urban landscapes. In this article we examine the historical, demographic, and social contexts associated with a growing sense of Latinidad and the countervailing Latino threat narrative in Kansas City and St. Louis, the two largest metropolitan areas in Missouri. Latinidad, or a notion of belonging based on ethnic identity in Missouri, is being challenged by nativist discourses that frame the growing Latino population as a threat. We highlight the different historical trajectories and geographical characteristics that have created distinct demographic …

Neocolonialism And The Global Prison In National Geographic’S Locked Up Abroad, Casey Ryan Kelly

Department of Communication Studies: Faculty Publications

This essay examines the reformulation of colonial ideologies in National Geographic Channel’s Locked Up Abroad, a documentary program that chronicles the narratives of Westerner travelers incarcerated in foreign nations. An analysis of Locked Up Abroad evinces neocolonialism in contemporary media culture, including the historic association between dark-skin and savagery, the backwardness of the non-Western world, and the Western imperative to civilize it. The program’s documentary techniques and framing devices sustain an Otherizing gaze toward non-Western societies, and its portrayals elide a critical analysis of colonialism in its present forms. I advocate for neocolonial criticism to trace how NatGeo remains …

Staff Perceptions Of Risk For Prison Rape Perpetration And Victimization, Valerie M. Gonsalves, Kate Walsh, Mario J. Scalora

Department of Psychology: Faculty Publications

Copyright © 2012 SAGE Publications, http://tpj.sagepub.com Used by permission.