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Court Review: Volume 39, Issue 2 - The Resource Page: Focus On Domestic Violence Jul 2002

Court Review: Volume 39, Issue 2 - The Resource Page: Focus On Domestic Violence

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 39, Issue 2 - Firearms And Domestic Violence: A Primer For Judges, Darren Mitchell, Susan B. Carbon Jul 2002

Court Review: Volume 39, Issue 2 - Firearms And Domestic Violence: A Primer For Judges, Darren Mitchell, Susan B. Carbon

Court Review: Journal of the American Judges Association

Firearms and domestic violence are a deadly combination. As the examples on the following page show, abusers who gain access to firearms pose a lethal threat both to those they have abused and to the wider community. Even where laws exist to disarm abusers and prevent them from purchasing new firearms, absent effective implementation of the laws—by judges, as well as by others in the civil and criminal justice system— survivors of domestic violence and the broader community continue to remain at risk of death or serious injury.


Book Review: Contested Territory: Whites, Native Americans, And African Americans In Oklahoma, 1865- 1907. By Murray R. Wickett, Linda W. Reese May 2002

Book Review: Contested Territory: Whites, Native Americans, And African Americans In Oklahoma, 1865- 1907. By Murray R. Wickett, Linda W. Reese

Great Plains Quarterly (through 2013)

Many historians have recognized the tripartite nature of race relations in the Great Plains region and the aggressive negotiation for power this created in the post Civil War period, but each has selected a manageable portion of the story to interpret. Murray Wickett deserves recognition for intertwining the central issues affecting all three races into a meaningful analysis. The choice of Oklahoma as the site of interaction is rich with possibilities but fraught with complexity. Acculturated and non-acculturated Indians, mixed-bloods and full-bloods, Indian freedmen and southern migrant freedmen, Twin Territories, Democrats and Republicans, white entrepreneurs and white tenant farmers- each …


Nebraska Transcript (University Of Nebraska College Of Law), Volume 36, Number 1, Spring/Summer 2002 Apr 2002

Nebraska Transcript (University Of Nebraska College Of Law), Volume 36, Number 1, Spring/Summer 2002

Nebraska Transcript

Class of 2004

From Staff to Student: Sharon Joseph Crosses Over

Alumni Council Achievements Include Awards, Newsletter

Cambridge Summer Session Offer Global Perspective

Visiting Professor Preeta Bansal, Former N.Y. Solicitor General, Returns to Her Nebraska Roots

Conscientious State Legislators and the Cultures of Compliance and Liberalization Relating to International Trade Agreements

Public Policy Center Thrives Under Tomkins’ Leadership

David Hill, Professor at Colorado, Returns to ‘Big Red’ Country

Fall Reunions 2001

O’Connor: Terrorism Best Fought By Operating Under Rule of Law

Federal Judges Camp, Riley Bring High Standards to Bench

Rhode: Sex Discrimination In Legal Profession Still Problem

A Tale …


The Effects Of Defendant Remorse On Mock Juror Decisions In A Malpractice Case, Brian H. Bornstein, Lahna M. Rung M.A., Monica K. Miller Mar 2002

The Effects Of Defendant Remorse On Mock Juror Decisions In A Malpractice Case, Brian H. Bornstein, Lahna M. Rung M.A., Monica K. Miller

Department of Psychology: Faculty Publications

The purpose of this study was to observe the effects of defendant remorse on monetary damages awarded to a plaintiff in a malpractice case. In two experiments, the physician-defendant expressed remorse at the time of the incident and again at trial, expressed remorse at trial, explicitly demonstrated a lack of remorse at trial, or made no mention of remorse (or a lack thereof). Participants decided how much money to award to the plaintiff and evaluated both the plaintiff and the defendant on several dimensions. Participants awarded greater compensation when the physician expressed remorse at the time of the incident than …


Pretrial Publicity And Civil Cases: A Two-Way Street?, Brian H. Bornstein, Brooke L. Whisenhunt, Robert J. Nemeth, Deborah L. Dunaway Feb 2002

Pretrial Publicity And Civil Cases: A Two-Way Street?, Brian H. Bornstein, Brooke L. Whisenhunt, Robert J. Nemeth, Deborah L. Dunaway

Department of Psychology: Faculty Publications

Published pretrial publicity (PTP) research has been conducted almost exclusively with criminal cases and has focused on PTP that is detrimental to the defense. The current research examined the effects of PTP in a civil case to determine if PTP can have a biasing effect against either the defendant or the plaintiff in civil litigation. In Experiment 1, participants exposed to PTP biased against the defendant were more likely to reach a liable verdict than participants who read a control article or PTP biased against the plaintiff. Experiment 2 demonstrated that a judicial admonition did not reduce the biasing effect …


The Nebraska Death Penalty Study: An Interdisciplinary Symposium, Robert F. Schopp Jan 2002

The Nebraska Death Penalty Study: An Interdisciplinary Symposium, Robert F. Schopp

Nebraska College of Law: Faculty Publications

The four papers presented in this symposium reflect upon and develop the data presented and the concerns raised during a public panel at the University of Nebraska in February 2002. That panel and this symposium were organized to promote public discussion of and reflection upon an empirical study that examined the death penalty as it has been applied in Nebraska during the last quarter of the twentieth century! Those who support the death penalty, those who oppose it, and those who remain uncertain should agree at least on the following proposition. The death penalty raises some of the most important …


Community Services Implementation Project Jan 2002

Community Services Implementation Project

University of Nebraska Public Policy Center: Publications

In November 2000, the University of Nebraska Public Policy Center (PPC) and the University of Nebraska-Lincoln Center on Children, Families and the Law (CCFL) entered into a partnership with the Lincoln/Lancaster County Joint Budget Committee (JBC) and United Way of Lincoln/Lancaster County (UW). The purpose of this University-Community partnership has been to facilitate implementation of the Lincoln/Lancaster County Human Services Three-Year Comprehensive Plan (Plan). It has since become known as C-SIP (the Community Services Implementation Project). PPC and CCFL have been serving in a coordinating and technical assistance role for the overall process including: providing staff support and technical assistance …


The Nebraska Death Penalty Study: An Interdisciplinary Symposium, Robert F. Schopp Jan 2002

The Nebraska Death Penalty Study: An Interdisciplinary Symposium, Robert F. Schopp

Nebraska Law Review

A symposium-issue introduction to the articles resulting from a panel discussion at the February 2002 “Nebraska Death Penalty Study: An Interdisciplinary Symposium” at the University of Nebraska.


Court Review: Volume 38, Issue 4 - Complete Issue Jan 2002

Court Review: Volume 38, Issue 4 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 38, Issue 4 - Saving The State Justice Institute, Jose Dimas Jan 2002

Court Review: Volume 38, Issue 4 - Saving The State Justice Institute, Jose Dimas

Court Review: Journal of the American Judges Association

Last fall, Congress seriously undermined efforts to strengthen and improve state court systems. The appropriations bill for FY 2002 funded the State Justice Institute (SJI) at $3 million and called for its demise by September 30, 2003.
SJI is the only federal institution dedicated to improving the state court systems. It does this primarily by funding national-scope court projects and the awarding of educational scholarships to court personnel. A national effort led by the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) is under way in the court community to reverse this decision and gain …


Court Review: Volume 38, Issue 4 - Editor's Note Jan 2002

Court Review: Volume 38, Issue 4 - Editor's Note

Court Review: Journal of the American Judges Association

In the lead article in this issue, court consultant Roger Hanson examines the implications of the changing role of the judge. He rightly notes that judging today is not exactly what it was 30 years ago and asks how changes in the perceptions of the proper judicial role have affected the behavior of judges. For most of us, we tend to do our jobs on a daily basis without conscious thought about the various roles we play (e.g., law applier, mediator, policy maker), let alone the expectations of others about our performance of each of those roles. Although Hanson draws …


Court Review: Volume 38, Issue 4 - Drug Treatment Programs: Policy Implications For The Judiciary, Arthur H. Garrison Jan 2002

Court Review: Volume 38, Issue 4 - Drug Treatment Programs: Policy Implications For The Judiciary, Arthur H. Garrison

Court Review: Journal of the American Judges Association

Drug use in the United States has been cited for the growth in American prisons over the past decade. Heroin, once considered a drug to be avoided and scorned, has had resurgence in use by middle-class youth and white-collar professionals due to the increased purity of the drug and the lack of need to use needles for ingestion. Naltrexone has been used as a method of helping heroin addicts to end their drug dependency, but such programs have limitations in their use and effectiveness. This paper is drawn from an evaluation of a drug treatment program in Wilmington, Delaware. The …


Building On Assets And Mobilizing For Collective Action: Community Guide, John C. Allen, Sam M. Cordes, Smith Covey, Randy Gunn, Dorlene Hicks, Lacey Madden, Kathie Starkweather Jan 2002

Building On Assets And Mobilizing For Collective Action: Community Guide, John C. Allen, Sam M. Cordes, Smith Covey, Randy Gunn, Dorlene Hicks, Lacey Madden, Kathie Starkweather

Publications from the Center for Applied Rural Innovation (CARI)

This document focuses on the positive assets the community’s individuals, associations, institutions, and economy. Focusing on community problems conveys negative images of the community, and residents begin to accept these images as the only guide to the reality of their lives. Focusing on positive asset components will help build the community, giving residents hope and a positive vision for themselves. Most of this community guide publication is devoted to how community assets can be inventoried. Concludes with steps to developing an action plan.


Arbitrariness And Discrimination In The Administration Of The Death Penalty: A Legal And Empirical Analysis Of The Nebraska Experience (1973–1999), David C. Baldus, George Woodworth, Catherine M. Grosso, Aaron M. Christ Jan 2002

Arbitrariness And Discrimination In The Administration Of The Death Penalty: A Legal And Empirical Analysis Of The Nebraska Experience (1973–1999), David C. Baldus, George Woodworth, Catherine M. Grosso, Aaron M. Christ

Nebraska Law Review

PART A ... I. Introduction ... II. Review of the Literature ... III. Law and Practice in the Nebraska Death Penalty System ... A. Judicial Sentencing ... B. Death Eligibility, Fact Finding, and the Weighing of Aggravation and Mitigation ... C. Comparative Proportionality Review ... 1. Proportionality Review in Penalty Trials ... a. Pre-1978 ... b. Post-1978 ... 2. Proportionality Review in the Nebraska Supreme Court ... a. Pre-1978 ... b. Post-1978 ... D. Prosecutorial Charging Practices ... E. The Implications of Ring v. Arizona for Capital Sentencing in Nebraska ... F. Conclusion

PART B ... IV. Methodology, Research Design, …


Court Review: Volume 38, Issue 3 - On The Importance Of Suggestibility Research In Assessing The Credibility Of Children’S Testimony, David A. Martindale Oct 2001

Court Review: Volume 38, Issue 3 - On The Importance Of Suggestibility Research In Assessing The Credibility Of Children’S Testimony, David A. Martindale

Court Review: Journal of the American Judges Association

In the spring of 1999, Professor Thomas Lyon of the University of Southern California Law School published a lengthy law review article in which he argued that the introduction into evidence of research on the suggestibility of child witnesses was not of assistance to triers of fact.1 Lyon’s article has found its way into judicial training packets and has been posted to electronic bulletin boards sponsored by organizations with interest in custody evaluations, psychology and law, and related topics. Because judges are soon likely to encounter arguments based upon Lyon’s article, I wish to alert judges to what I believe …


Court Review: Volume 38, Issue 3 - Complete Issue Oct 2001

Court Review: Volume 38, Issue 3 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 38, Issue 1 - Robes And Rehabilitation: How Judges Can Help Offenders “Make Good”, David B. Wexler Apr 2001

Court Review: Volume 38, Issue 1 - Robes And Rehabilitation: How Judges Can Help Offenders “Make Good”, David B. Wexler

Court Review: Journal of the American Judges Association

Problem-solving courts—such as drug treatment courts, mental health courts, and domestic violence courts—may be the most obvious examples of “therapeutic jurisprudence in action,” but it is crucial to recognize the potential application of therapeutic jurisprudence generally—in civil cases, appellate cases, family law cases, and, of course, in criminal and juvenile cases. The importance of the therapeutic jurisprudence perspective beyond the specialized problem-solving court context was underscored by a “vision statement” recently agreed to by the District Court for Clark County, Washington.


An Exploration Of Factors Related To Deviant Sexual Arousal Among Juvenile Sex Offenders, William D. Murphy, Mary R. Haynes, David Dilillo, Elaine Steere Mar 2001

An Exploration Of Factors Related To Deviant Sexual Arousal Among Juvenile Sex Offenders, William D. Murphy, Mary R. Haynes, David Dilillo, Elaine Steere

Department of Psychology: Faculty Publications

To date, there has been limited literature on the measurement of sexual arousal in adolescent sex offenders. The data that exist have been somewhat mixed in terms of factors related to deviant sexual arousal in this group. The present study, with 71 adolescent sex offenders, investigates the relationship between offender and offense characteristics, including gender of victim, history of sexual abuse, history of physical abuse, race, and interactions between these factors in the prediction of physiologically measured sexual arousal to deviant and nondeviant stimulus categories. A number of variables significantly predicted sexual arousal. The most consistent predictors were gender of …


Enhancing Rural Sustainability Project Status Report Jan 2001

Enhancing Rural Sustainability Project Status Report

University of Nebraska Public Policy Center: Publications

For the past year, the PPC has been working to identify a small list of key issues related to enhancing rural sustainability that would benefit from University research, with special attention paid to research activities already underway or in the planning process at the University. We also have been considering procedural options to determine the best way to facilitate the research to be conducted.


Publish, Don't Perish: A Program To Help Scholars Flourish, Tara Gray, Jane Birch Jan 2001

Publish, Don't Perish: A Program To Help Scholars Flourish, Tara Gray, Jane Birch

To Improve the Academy: A Journal of Educational Development

Faculty often believe that if they do not publish, they will perish. Faculty developers can respond to this need by helping faculty increase their scholarly productivity. Research shows that faculty are more productive if they write for 15-30 minutes daily, organize their writing around key sentences, and get extensive feedback on drafts. This article evaluates a program hosted on two campuses that aimed at supporting 115 faculty achieve these goals. Throughout the program, participants kept records of time they spent writing and the number of pages they wrote and at the end of the program, they were surveyed. These data …


18 U.S.C. § 922(G)(9) And The Lambert Due Process Exception Requiring Actual Knowledge Of The Law: United States V. Hutzell, 217 F.3d 966 (8th Cir. 2000), Brian E. Sobczyk Jan 2001

18 U.S.C. § 922(G)(9) And The Lambert Due Process Exception Requiring Actual Knowledge Of The Law: United States V. Hutzell, 217 F.3d 966 (8th Cir. 2000), Brian E. Sobczyk

Nebraska Law Review

This Note concludes that, although the court in United States v. Hutzell reached the correct holding, the court's analysis is not of sufficient depth and clarity to be truly convincing. In leading up to such a conclusion, this Note begins by detailing the due process exception set forth by the Supreme Court in Lambert v. California. The Note then looks at cases dealing with a similar due process issue regarding 18 U.S.C. § 922(g)(8), which makes possession of firearms unlawful for persons against whom a domestic violence protection order is in effect. Such cases are important because many of them …


The Effects Of A High-Risk Environment On The Sexual Victimization Of Homeless And Runaway Youth, Kimberly A. Tyler, Les B. Whitbeck, Dan R. Hoyt, Ana Mari Cauce Jan 2001

The Effects Of A High-Risk Environment On The Sexual Victimization Of Homeless And Runaway Youth, Kimberly A. Tyler, Les B. Whitbeck, Dan R. Hoyt, Ana Mari Cauce

Department of Sociology: Faculty Publications

Based on the structural-choice theory of victimization, the current study examines the effects of a high-risk environment on the sexual victimization of 311 homeless and runaway youth. Results from logistic regression revealed that survival sex, gender, and physical appearance were significantly associated with sexual victimization. Results from a series of interactions also revealed that the effects of deviant behaviors on sexual victimization varied by gender and age. Although males and females engaged in similar activities, young women were more likely to be victims of sexual assault. These findings suggest that engaging in high-risk behaviors predispose some people to greater risks …


The Impact Of Unmediated Document Delivery On Faculty Use Of Traditional Interlibrary Loan At Wichita State University, Kathy A. Downes, Ted Naylor Jan 2001

The Impact Of Unmediated Document Delivery On Faculty Use Of Traditional Interlibrary Loan At Wichita State University, Kathy A. Downes, Ted Naylor

University of Nebraska-Lincoln Libraries: Faculty Publications

In these times of growing journal prices and shrinking budgets, alternative methods of information access are a necessity. Document delivery services have become an important alternative to providing information access beyond traditional interlibrary loan services. This article analyzes the effect the "unmediated" EbscoDoc document delivery service had on traditional interlibrary loan in a medium sized academic library. Access to the service was provided to faculty members at Wichita State University for a period of approximately two years. Use of the service varied from faculty members who ordered one article to the "super" users who ordered from 100 to 400 documents. …


Toward A "New Diversity" And The Revitalization Of The "Campus Spirit:" A "Bandung 2000" Conference For Students, Staff And Faculty, Michael C. Stelly, Harriet D. Washington, Carlos Talkington, Michel Payne Oct 2000

Toward A "New Diversity" And The Revitalization Of The "Campus Spirit:" A "Bandung 2000" Conference For Students, Staff And Faculty, Michael C. Stelly, Harriet D. Washington, Carlos Talkington, Michel Payne

Different Perspectives on Majority Rules: 5th Annual National Conference (2000)

In this session, "New Diversity" programs are designed and proposed, aimed at enabling minority staff, stu¬dents and faculty the kind of "cultural inoculation" needed to be able to address the concerns which plague most campuses.


"College Of Behavioral And Social Sciences' Recruitment Strategy: A New Paradigm - A Move From Recruitment To Selection", Robin A. Veidman B.S., Robert E. Steele Ph.D. Oct 2000

"College Of Behavioral And Social Sciences' Recruitment Strategy: A New Paradigm - A Move From Recruitment To Selection", Robin A. Veidman B.S., Robert E. Steele Ph.D.

Different Perspectives on Majority Rules: 5th Annual National Conference (2000)

"Through collaborative efforts between undergraduate Partner institutions and the University of Maryland in programs such as the Summer Research Initiative, we have seen positive recruitment outcomes."


"Working While Black: Contours Of An Unequal Playing Field", Barbara Marshall Ph.D. Oct 2000

"Working While Black: Contours Of An Unequal Playing Field", Barbara Marshall Ph.D.

Different Perspectives on Majority Rules: 5th Annual National Conference (2000)

This presentation examines an emerging lexicon that benchmarks the sites of employment for African¬ American workers in predominantly white institutions. More significantly, it advances recommendations for counteracting the effects of Working While Black forays into the workplace.


Drugs In The Heartland: Methamphetamine Use In Rural Nebraska, Denise C. Herz Apr 2000

Drugs In The Heartland: Methamphetamine Use In Rural Nebraska, Denise C. Herz

United States Public Health Resources

A decade ago, methamphetamine was commonly believed to be limited to the West Coast and a few other, isolated areas. Recent evidence shows that substantial proportions of arrestees in several large urban areas of the West and Midwest are using the drug. Increasingly, the problem is coming to the attention of policymakers and law enforcement nationwide. (See “The Federal Government Responds.”)
Methamphetamine has generated concern because of its ready availability and the severity of its effects on the user. It is cheaper than cocaine, it is easy to manufacture, it produces a longer lasting “high,” and its short- and long-term …


The Suggestibility Of Older Witnesses, Brian H. Bornstein, Christy J. Witt, Katie E. Cherry, Edith Greene Feb 2000

The Suggestibility Of Older Witnesses, Brian H. Bornstein, Christy J. Witt, Katie E. Cherry, Edith Greene

Department of Psychology: Faculty Publications

The present study compares younger and older adult witnesses’ susceptibility to misinformation. Previous research on the misinformation effect has not measured the relationship between the effect and individuals’ perceptions of their own memory abilities. Such perceptions, and general knowledge of one’s own memory processes, are referred to as “metamemory.” In order to examine the relationship between metamemory and the misinformation effect in the present study, participants also completed a questionnaire that assessed their perception of their memory functioning. Although older persons tend to perceive their memories as being faulty, the correlation between self-assessment of memory abilities and actual memory performance …


Social Disorganization Outside The Metropolis: An Analysis Of Rural Youth Violence, D. Wayne Osgood, Jeff M. Chambers Jan 2000

Social Disorganization Outside The Metropolis: An Analysis Of Rural Youth Violence, D. Wayne Osgood, Jeff M. Chambers

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

In order to extend the study of community social disorganization and crime beyond its exclusive focus on large urban centers, we present an analysis of structural correlates of arrest rates for juvenile violence in 264 nonmetropolitan counties of four states. Findings support the generality of social disorganization theory: Juvenile violence was associated with rates of residential instability, family disruption, and ethnic heterogeneity. Though rates of poverty were not related to juvenile violence, this is also in accord with social disorganization theory because, unlike urban settings, poverty was negatively related to residential instability. Rates of juvenile violence varied markedly with population …