Digital Commons Network^™

Multiple Personality Disorder, Accountable Agency, And Criminal Acts, Robert F. Schopp

Nebraska College of Law: Faculty Publications

Smedley Wormwood is an accountant who is indicted for embezzling funds from the company for which he works. He generally presents an impression of an unobtrusive, conventional, compliant, "vanilla" individual. When his lawyer interviews him about the charges, Smedley seems innocent, frightened, and bewildered. In discussing the details of events around the time of the alleged crime, Smedley becomes somewhat vague and then admits to some lapses in recall. Smedley then startles the lawyer by apparently undergoing a marked change in attitude, tone of voice, and apparent self-identity. The lawyer realizes that she is now discussing the crime with a …

Survey Of Existing I&R Services And A Nebraska 211 System Cost/Benefit Analysis

University of Nebraska Public Policy Center: Publications

In June, 1999, the Nebraska Department of Health and Human Services (NHHSS) and the United Way of the Midlands requested that the University of Nebraska Public Policy Center coordinate a feasibility study of a statewide Information and Referral (I&R) system for health and human services. Because several I&R systems around the country make use of the 2-1-1 three digit number for I&R information, and there are a number of states investigating reserving 211 for statewide I&R services, this report uses the 211 nomenclature although there has been no state Public Service Commission designation of 211 for this purpose in Nebraska. …

Understanding The Dynamics Of Child Maltreatment: Child Harm, Family Healing, And Public Policy (Discussant's Commentary), Ross A. Thompson

Department of Psychology: Faculty Publications

For almost a half-century, the Nebraska Symposium on Motivation has profiled many of the evolving themes and issues at the heart of psychology. It has also documented, less directly, changes in society. When the symposium was inaugurated in 1951, child maltreatment was a sad reality of life for many children, but it was not a topic of considerable professional attention. With the identification of the "battered child syndrome" (Kempe, Silverman, Steele, Droegemueller, & Silver, 1962) in the early 1960s, however, professional concern with the plight of abused and neglected children quickly grew. National attention to child maltreatment also increased as …

Human Trafficking: A Growing Criminal Market In The U.S., James O. Finckenauer, Jennifer Schrock

Human Trafficking: Data and Documents

Human trafficking has become a lucrative criminal market in the United States. The commodities involved in this illicit trade are men, women, and children. Traffickers transport undocumented migrants into the U.S. for work in licit, semi-illicit and illicit industries. The traffickers' foremost goal is to maximize profits -- often resulting in physical and mental exploitation of the victims. The sale and distribution of trafficked humans in the U.S. is a global, regional, and national phenomenon. Women and children are trafficked short distances within the U.S. (small towns to bigger cities), as well as coming from as far away as China, …

2000 Pod Network Conference Attendees

Professional and Organizational Development Network in Higher Education: Conference Materials

No abstract provided.

An Unholy Alliance: The Ex Parte Relationship Between The Judge And The Prosecutor, Roberta K. Flowers

Nebraska Law Review

This article seeks to explain the relationship between the prosecutor and the trial judge and how that relationship must be closely monitored to avoid impeding the successful application of the adversary process. Part I explains the underlying premises of the adversary system. Part II describes the nature of the relationship between the prosecutor and the trial judge and how that relationship may impact the adversary process. Part III discusses improper ex parte communications as the antithesis of the adversary system. Finally, Part IV suggests safeguards that can help avoid the creation of the "team approach" to prosecution.

Accountability Solutions In The Consent Search And Seizure Wasteland, José Felipé Anderson

Nebraska Law Review

I. Introduction

II. Right without Remedy: The Accountability Problem and the Forgotten Legacy of Wolf v. Colorado

III. Structural Accountability and the Undervalued Doctrine of Miranda v. Arizona

IV. The Accountability Vacuum and the Flawed Constitutional Consent Jurisprudence

V. Perception Accountability: Of Race and Men

VI. Accountability Solutions

VII. Conclusion

Nebraska Plea-Based Convictions Practice: A Primer And Commentary, Alan G. Gless

Nebraska Law Review

I. Introduction

II. Appellate Justice and the Precipitation of United States Supreme Court Activity ... A. Federalization of Constitutional Criminal Procedure: Denial of the Right to Counsel and the Fundamental Fairness Approach ... B. Right to Counsel Cases ... C. General Validity of Plea-Based Convictions under United States Supreme Court Cases ... 1. Voluntariness of Pleas ... 2. Paper Trail Requisite to Presumptive Voluntariness of Pleas ... 3. Other Considerations in Plea-Based Convictions ... III. Effect of Pleading Guilty or No Contest in Nebraska ... A. General Rules ... B. Defenses Not Waived by Plea of Guilty and No Contest …

Collecting Early Nebraska Sociology: Selections From The Collections Of Mary Jo Deegan And Michael R. Hill, Mary Jo Deegan, Michael R. Hill

Department of Sociology: Faculty Publications

No abstract provided.

Explorations In Class And Gender In The Old South: Review Of The Confessions Of Edward Isham: A Poor White Life Of The South, Ed. Charles C. Bolton And Scott P. Culclasure., James M. Denham

Documentary Editing: Journal of the Association for Documentary Editing (1979–2011)

The two lives depicted in these accounts represent two dramatically different versions of life in the Old South. As the privileged daughter of a well-to-do slaveholder, Cornelia Jones Pond of Liberty County, Georgia, encountered. none of the hardships and experiences of Edward Isham-who represented a class of people that contemporaries and historians have labeled "poor white." Pond's world was a place of supportive parents, balls, dashing suitors, and loyal servants. Edward Isham's world, on the other hand, was one of bad whiskey, knives, firearms, and poverty. Their lives offer two striking contrasts of white experiences in the antebellum South.

Public Trust And Confidence In The Courts: What Public Opinion Surveys Mean To Judges, David B. Rottman, Alan Tomkins

Alan Tomkins Publications

In August 1998 a comprehensive national survey added to the growing mass of information on how the public perceives the state courts. The “Perceptions of the U.S. Justice System,” commissioned by the American Bar Association, relied on telephone interviews of 1,000 American adults selected at random. The respondents were asked for their opinions about “the justice system,” lawyers, judges, law enforcement and the courts. The findings from the ABA survey were optimistic relative to most of the previous surveys. Public confidence in the courts relative to other major institutions seemed higher, and experience with courts appeared to promote higher rather …

Issues Of Cultural Awareness In Curriculum Design, Catherine Yamamoto

Different Perspectives on Majority Rules: 4th Annual National Conference (1999)

“Clearly, developing curriculum that encourages multicultural awareness, when educators and social scientists cannot agree on a standard criteria for multiculturalism, means challenges for everyone involved in multicultural education.”

Breaking The Barriers: Cases Of Racial Discrimination In Public Management, Robert Gest Iii, Gail S. Funke, Robert Anthony Maranto

Different Perspectives on Majority Rules: 4th Annual National Conference (1999)

Session presenters discuss six cases of racial and gender discrimination in the civil service, distilled from actual events, in search of applied lessons for improving managing diversity.

Rounding Up The Usual Suspects: Academia's Version Of Driving While Black (Dwb), Cecil E. Canton

Different Perspectives on Majority Rules: 4th Annual National Conference (1999)

“In much the same way that law enforcement agents identify Blacks for these routine, but illegal, traffic stops, agents of predominantly white institutions identify the few faculty of color, and ‘round up these usual suspects’ to ensure that their committees will have the appropriate racial, gender or ethnic representation.”

The Importance Of Community And Its Impact On The Quality Of Campus Life And Success For African American Students, Richard W. White

Different Perspectives on Majority Rules: 4th Annual National Conference (1999)

“While we are accustomed to viewing special programs as efforts to ensure the success of underrepresented students, we may overlook that what these programs communicate about these students are part of the structure of higher education that they must struggle against.”

Learning Communities: A Selective Overview Of Academic Library Involvement, Jean-Paul Orgeron

E-JASL: Electronic Journal of Academic and Special Librarianship (1999-2009, Volumes 1-10)

In 1932, Alexander Meiklejohn published a book that addressed the implementation of learning communities at the University of Wisconsin in 1927. The book, The Experimental College, serves as proof of the existence of such communities well over sixty years ago. It is clear that in the mid to late 1990s learning communities have piqued the curiosities of students and teaching faculty alike. Though they go by different names at various colleges and universities, and have somewhat different components, the common idea of learning communities is to have from two to four courses linked so that the courses have the same …

Pod Network News, September 1999

Professional and Organizational Development Network in Higher Education: POD Network News

President's Column

Core Committee Self-Nominations

Share Your Bright Ideas!

Position Announcements

Center Updates

Member News

New Book

1999 POD Network Conference

Other Conference Notes

Call for Proposals

Back Issues of To Improve the Academy

Future Newsletter Items

POD Core Committee, 2000-2003 Self-Nomination Form

POD Network and Brigham Young University Faculty Center present: Faculty Development: Who Needs It?

Pod Network News, June 1999

Professional and Organizational Development Network in Higher Education: POD Network News

President's Column

POD Grant Program

To Improve the Academy

Share Your Bright Ideas!

Position Announcement

Center Updates

Regional Association News

Member News

Emeritus/Emerita Membership Update

Tom Creed: In Memorium

Conference Notes

Scholarly Writers Institute

Subscribing to POD Digest

Future Newsletter Items

Call for Proposals POD Network 1999

To Improve the Academy Associate Editor/Reviewer Self-Nomination Form

Call For Manuscripts for the 2000 Edition of To Improve the Academy

Manuscript Cover Sheet 2000 To Improve the Academy

Application for POD Retired Membership Status: Member Emeritus/a

Review Of The Brandon Teena Story Produced And Directed By Susan Muska And Greta Olafsdottir, June Perry Levine

Great Plains Quarterly (through 2013)

CRIME AND RESPONSIBILITY

The Brandon Teena Story, Susan Muska and Greta Olafsdottir's recently released documentary, addresses the circumstances of a triple murder that occurred on the last day of December 1993 in a rural farmhouse in southeastern Nebraska. The crime received national media coverage because one of its victims, the principal target of the attack, was a young woman who had, for some time, been living as a man. The two other victims, a young man and woman, were killed because they were witnesses. The murderers were quickly apprehended and tried, one sentenced to life in prison, the other …

The Ecological Validity Of Jury Simulations: Is The Jury Still Out?, Brian H. Bornstein

Department of Psychology: Faculty Publications

Despite the need to assess the ecological validity of jury simulation research before generalizing from simulations to the behavior of real jurors, surprisingly little jury research has directly addressed issues of validity. The present paper reviews the extant research on two aspects of the validity question—specifically, research that has compared different samples of mock jurors, and research that has manipulated the medium of trial presentation. In addition, jury simulation research published in the first 20 years of Law and Human Behavior is analyzed with respect to these variables. The majority of simulations used student-jurors and presented the trial in written …

American Indians And Crime, Lawrence A. Greenfeld, Steven K. Smith

United States Public Health Resources

This report represents a compilation and new analysis of data on the effects and consequences of violent crime among American Indians. The report uses data from a wide variety of sources, including statistical series maintained by the Bureau of Justice Statistics (BJS), the FBI, and the Bureau of the Census. Data are reported from American Indian crime victims on how they were affected by the victimization and about who victimized them. The report also includes the first BJS estimates of the total number of American Indians under the custody or supervision of the justice system.
The findings reveal a disturbing …

Review Of Gendered Justice In The American West: Women Prisoners In Men's Penitentiaries By Anne M. Butler, Sharon E. Wood

Great Plains Quarterly (through 2013)

Butler writes with conviction, her passion for her subject occasionally leading her to press her point further than the evidence will go. Several times she seems to claim that women prisoners were representative of all women confronting the criminal justice system, writing, for example, "when a child died from a mother's assault, conviction was a certainty." But this claim can only be tested by examining local police and court records to see if all women accused were convicted (they weren't). Women in penitentiaries were not representative; they were the absolute losers in a system that was, admittedly, stacked against them. …

The Substantive Elements In The New Special Pleading Laws, Jeffrey A. Parness, Amy M. Leonetti, Austin W. Bartlett

Nebraska Law Review

I. Introduction

II. Illustrative Laws ... A. Federal Securities Claims ... B. New Jersey and Georgia Professional Malpractice Claims ... C. Medical Malpractice Claims ... D. Requests for Punitive Damages ... E. Childhood Sexual Abuse Claims ... F. Federal Civil Rights Claims

III. Determining and Applying the Substantive Elements of the New Special Pleading Laws ... A. Separation of Powers: Who Makes the Law? ... 1. Legislature or Judiciary ... 2. Lower Court or High Court? ... B. Choice of Law: Which Law Applies? ... 1. Federal or State Law? ... a. Erie Analysis ... i. Professional Malpractice Claims ... …

Methodological Considerations In Pretrial Publicity Research: Is The Medium The Message?, Jeffrey R. Wilson, Brian H. Bornstein

Department of Psychology: Faculty Publications

Two methodological issues within the pretrial publicity (PTP) literature were examined in the present experiment: the effect of emotional versus factual PTP and the effect of presenting PTP through different media. Emotional and factual PTP were constructed that differed in level of emotionality, but produced the same degree of bias. The PTP was presented in either a videotaped or written format. Although there was a significantly biasing effect of PTP overall compared to a control condition, no significant difference was found either between factual and emotional PTP or between video and written PTP.

Review Of Constitutionalism And Native Americans, 1903 - 1968. Volume 2 Of Native Americans And The Law: Contemporary And Historical Perspectives On American Indian Rights, Freedoms, And SovereigntyEdited With Introductions By John R. Wunder, Jill Norgren

Great Plains Quarterly (through 2013)

The previously published essays selected by editor John R. Wunder for volume two of this six book series take up the legal, political, and economic issues of Native American sovereignty at the critical moment of the 1903 Lone Wolf v. Hitchcock United States Supreme Court decision (treated in volume one). In his brief introduction to volume two, Wunder describes the period from 1903 to 1968 as one in which the tension between federally enforced tribal constitutionalism and "residual sovereign rights" was played out. Excerpts from Charles Wilkinson's American Indians, Time, and the Law (1987) provide an opening framework to explain …

Pod Network News, June 1998

Professional and Organizational Development Network in Higher Education: POD Network News

President's Column

'98 Conference Registration-Just Do It!

National Outreach Subcommittee

Forum on Faculty Roles and Rewards

TLT Group

POD Committee Chairpersons

Regional Association Overview

Wanted: Bright Ideas

Reviewers Sought

Web Address Update

ICED Conference

Conferences

Member News

POD Members Emeritus/Emerita

International Journal Academic Development

From Compassion To Compensation: The Effect Of Injury Severity On Mock Jurors’ Liability Judgments, Brian H. Bornstein

Department of Psychology: Faculty Publications

Two studies were performed to ascertain the effect of injury severity on participants’ judgments in a simulated jury task. Participants read a summary of a personal-injury case in which the severity of the plaintiff’s injury was varied: they were asked to judge the defendant’s liability, award compensation, and rate their feelings toward the litigants. In Study 1, more severely hurt plaintiffs were more likely to obtain a favorable verdict, even though evidence of liability was held constant. Greater severity influenced liability judgments only insofar as it elicited positive feelings toward the plaintiff or negative feelings toward the defendant. In Study …

Integrating Restorative Justice And Therapeutic Jurisprudence, Robert F. Schopp

Nebraska College of Law: Faculty Publications

Thomas Scheff describes and endorses community conferences intended to develop dispositions of some criminal cases that promote individual and community interests in a manner consistent with Restorative Justice (RJ). He suggests that the research program known as Therapeutic Jurisprudence (TJ) might provide a useful structure for RJ, but he does not provide detailed discussion of the proposed integration of RJ and TJ. This comment clarifies and examines some potentially interesting aspects of such an integration. Section II sketches some central features of TJ and of RJ, and section III considers potential applications of the former to the latter.

Conference Participants

Professional and Organizational Development Network in Higher Education: Conference Materials

No abstract provided.

Nf98-378 Juvenile Diversion, Stephen T. Russell, Susan Wood

Agricultural Research Division: News and Annual Reports

This NebFact discusses the opportunities juvenile diversion programs offer at-risk youth.