Digital Commons Network^™

Sexuality, Gender, And Identity In Great Plains History And Myth, Peter Boag

Great Plains Quarterly (through 2013)

Within just the last few years there has been an explosion in the interest in, and the publication of, gay and lesbian studies. One of the most vibrant fields in the discipline of history today is the history of sexuality. But with all the effort expended in this area of scholarship, there has not been much of an attempt to integrate gay, lesbian, and sexual history into regional history and regionalism. This essay is an attempt to introduce regional history to sexual history. It takes as its subject "non-heterosexuals" and tries to make sense of their history within the context …

G98-1366 Establishing Juvenile Diversion In Your Community, Stephen T. Russell, Susan Wood, Sara Domeier

University of Nebraska-Lincoln Extension: Historical Materials

Juvenile diversion programs are created to divert youth from early encounters with the juvenile court system. By focusing on strengths of children in a positive youth development framework, successful diversion programs discourage delinquency and encourage stronger family and community relationships. This guide describes the issues communities need to consider in the development of a juvenile diversion program.

Each year over two million juveniles in the United States are arrested and become involved in the juvenile court system. Juvenile diversion programs have been created to divert youth from their early encounters with the juvenile court system. These programs involve the suspension …

Finding What Was Lost: Sorting Out The Custodian’S Privilege Against Self-Incrimination From The Compelled Production Of Records, Peter J. Henning

Nebraska Law Review

I. Introduction

II. The Allure of Subpoenaing an Investigative Target

III. Privacy, Papers, and the Privilege: Overcoming the Legacy of Boyd v. United States

IV. Fisher v. United States: What Does “Authentication” Mean at the Investigative Stage ... A. The Irrelevance of Authentication before the Grand Jury ... B. Distinguishing the Investigative and Trial Phases in the Act of Production Analysis ... C. Once Lost, Can the Privilege be Reasserted?

V. Braswell v. United States: Limiting Use at Trial of the Custodian’s Act of Production

VI. Compelling a Custodian’s Testimony as “Auxiliary” to the Act of Production ... …

Coercive Sexual Strategies, Kimberly A. Tyler, Dan R. Hoyt, Les B. Whitbeck

Department of Sociology: Faculty Publications

This study examines the use of coercive sexual strategies by men and the outcomes of these behaviors for women. Using a sample of 541 college undergraduates, data were gathered from men on their use of three types of coercive sexual strategies and from women on their experiences with these same forms of behaviors. For women, there is a positive association between being sexually active, having sexually permissive attitudes, drinking alcohol and being a victim of certain types of sexual coercive strategies. For men, sexually permissive attitudes and attitudes toward rape are found to be significant predictors of their use of …

The Need For And The Role Of Comparative And Cross-Cultural Perspectives In Behavioral-Science-And-Law Scholarship, David Carson, Alan Tomkins

Alan Tomkins Publications

Behavioral-science-and-law scholarship suffers from the lack of many activities examining issues from a comparative or cross-cultural perspective. Although U.S. contributions tend to be the most insular, the problem applies to virtually all behavioral-science-and-law endeavors. This special perspective examines the trend in behavioral-science-and-law scholarship) presents data to support the allegation that there are few comparative/cross-cultural contributions) offers explanations for the situation, and advocates for the introduction of more comparative/cross-cultural efforts in the future.

Intimacy Deficits, Fear Of Intimacy, And Loneliness Among Sexual Offenders, Kurt M. Bumby, David J. Hansen

Department of Psychology: Faculty Publications

Intimacy deficits and loneliness recently have been theorized as influential factors in the etiology and maintenance of sexually offending behaviors, although to date there has been a lack of empirical research conducted to address this proposition. The present study examined intimacy defi cits, fear of intimacy, and loneliness among intrafamilial child molesters, rapists, nonsexually offending inmates, and a community sample of adult males. The child molesters and rapists reported greater overall intimacy deficits than did the nonsexually offending inmates and community controls, with rapists reporting the greatest intimacy deficits. Fear of intimacy was found to be a particularly salient characteristic …

Why Targets Of Regulations Do Not Comply: The Case Of Conservation Compliance In The Corn Belt, J. Dixon Esseks, Steven E. Kraft, Edward J. Furlong

Center for Great Plains Studies: Staff and Fellows Publications

This article employs survey data to test hypotheses about Corn Belt farmers’ intentions to apply conservation compliance plans. The data came from winter 1995 telephone interviews with a random sample of 839 farmers in that five-state region who had USDA-approved plans for their high4 erodible cropland For ethical and practical reasons noncompliance was measured indirectly-the respondents’ estimates of the percentage of their peers in the county who would “not apply their plans to any meaningful extent in 1995.” Regression analysis found that, as predicted by deterrence theory, farmers who believed in high probabilities of violations being detected or penalized were …

The Prairie Indian Vote In Canadian Politics 1965-1993: A Critical Case Study From Alberta, Russel Lawrence Barsh, Michelle Fraser, Faye Morning Bull, Toby Provost, Kirby Smith

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

Voting behavior in the three largest Aboriginal communities of Alberta-Blood Tribe, Peigan Nation, and Four Nations-is contrasted with non-Aboriginal voting behavior using polling-station counts from 16 general elections and the 1992 constitutional referendum. Lower voter turnout and distinctive patterns of party preferences among Aboriginal voters are examined more closely using data collected through standardized, open-ended interviews conducted in conjunction with a voter mobilization effort on the Peigan Reserve in 1996. Although respondents did not report refraining from participation in Federal or Provincial elections to avoid compromising their sovereignty-an argument sometimes made by national Aboriginal organizations-the responses often exhibited pessimism or …

Cross-Border Ties Among Protest Movements The Great Plains Connection, Mildred A. Schwartz

Great Plains Quarterly (through 2013)

This paper examines the connections among political protest movements in twentieth century western Canada and the United States. Protest movements are social movements and related organizations, including political protest parties, with the objective of deliberately changing government programs and policies. Those changes may also entail altering the composition of the government or even its form. Social movements involve collective efforts to bring about change in ways that avoid or reject established belief systems or organizations. They begin with assessments of what is wrong and propose a blueprint for action to achieve new goals by drawing on committed supporters willing to …

Comments On Hill: “Punishment, Conscience, And Moral Worth”, Nelson T. Potter Jr.

Department of Philosophy: Faculty Publications

This is an interesting paper to me, among other reasons, because it deals with both halves of Kant’s Metaphysics of Morals; that fact alone also makes it somewhat unusual. It proposes in particular that there is a kind of analogy between conscience as an inner voice of morality and punishment as a provider of incentives against antisocial actions through punishment as deterrence.

As Hill points out, there has been quite a lot of discussion of Kant’s views on punishment, but not much about his views of conscience. Nevertheless, there remain scholarly puzzles about Kant’s views on punishment, and there …

Toward A Conceptual Framework For Assessing Police Power Commitment Legislation: A Critique Of Schopp’S And Winick’S Explications Of Legal Mental Illness, Eric S. Janus

Nebraska Law Review

I. Introduction

II. Choosing a Conceptual Framework ... A. Broad vs. Narrow Explicandum ... B. Individual Rights/Status vs. State Interest Analysis ... C. The Role of Medical and Social Scientific Discourse

III. Evaluating the Conceptual Frameworks ... A. How Well Does the Framework Focus on Police Power Commitments Rather Than Parens Patriae Commitments? ... B. Explaining Gaps and Overlaps ... C. Evaluating the Role of Medical and Behavioral Science ... D. Tracing the Consequences of a Diminished Individual Rights/Status Approach vs. an Enhanced State Interests Approach

IV. Winick: Therapeutic Appropriateness and Parens Patriae ... A. Introduction ... B. The Strong …

The Course Of Aggression In First-Grade Children With And Without Comorbid Anxious Symptoms, Nick Ialongo, Gail Edelsohn, Lisa Werthamer-Larsson, Lisa J. Crockett, Sheppard Kellam

Department of Psychology: Faculty Publications

We studied the course of aggressive behavior in an epidemiologically defined sample of first graders with and without comorbid anxious symptoms. Our primary purpose in doing so was to understand whether the stability of aggression in young children was attenuated or strengthened in the presence of comorbid anxiety. Previous studies of older children and adolescents had produced equivocal findings in this regard. Data on anxious symptoms were obtained through an interview of the children, whereas aggressive behavior was assessed through the use of a teacher interview and peer nominations. Assessments were performed in the fall and spring of first grade. …

University Mentors: Integrating Former And Current Student-Athletes Into Communities, Betty Abramson, Charvez Foger, Sandra Neese, Daniel Watts

Different Perspectives on Majority Rules: 1st Annual Conference (1996)

Two model programs to assimilate minority student-athletes in a predominantly white community provide examples of meaningful approaches to appreciating the variety of backgrounds, personal skills, and individual strengths of student-athletes.

Education And Training In Psychology And Law/Criminal Justice: Historical Foundations, Present Structures, And Future Developments, James R. P. Ogloff, Alan Tomkins, Donald N. Bersoff

Alan Tomkins Publications

Although psychology had a brief—and rather dramatic—foray into the legal system early in this century, it was only after World War II that psychology started to systematically permeate the legal system. Building on the interest psychologists and other social scientists had on the law, education and training in the areas of psychology and law/criminal justice has undergone considerable growth and development over the past two decades. The authors discuss the early developments and current models of this education and training. Implications of the increased interest and training in psychology and law/ criminal justice, and directions for future developments in these …

Introduction To "Persons With Disabilities": Special Issue Of Behavioral Sciences And The Law, Alan Tomkins

Alan Tomkins Publications

In 1990, the United States Congress enacted legislation protecting the civil rights of persons with disabilities. The Americans with Disabilities Act (ADA) (1990) has been termed the most significant civil rights legislation since the 1960s (Rothstein, 1992/1994; see also Drimmer, 1993; Gostin & Beyer, 1993). The intent of the ADA is to provide “not only equal treatment [for persons with disabilities], but also equal opportunity” (Rothstein, 1992, p. 19, emphasis in original). The purpose of the ADA is not only to eliminate intentional discrimination, but also to change “policies and practices that have a discriminatory impact” on persons with disabilities …

The Ethics Of Implementation: Institutional Remedies And The Lawyer's Role, Susan Poser

Nebraska College of Law: Faculty Publications

The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of …

Verdicts Of Conscience: Nullification And Necessity As Jury Responses To Crimes Of Conscience, Robert F. Schopp

Nebraska College of Law: Faculty Publications

Consider three types of atypical criminal defendants. The first trespasses at a nuclear weapons plant (or a segregated bus station or women's health clinic) in order to publicly protest a law or public policy represented by that facility or by the activity that occurs there. The second operates an underground railroad in violation of the Fugitive Slave Act (or smuggles South American residents into the United States or breaks into a women's health clinic in order to disable equipment and prevent scheduled abortions). The third causes the death of a loved one by disconnecting that person from life sustaining medical …

“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin

Nebraska Law Review

The jury system lies at the heart of our democratic criminal justice system, but it has lost much of its moral authority in the popular legal culture. In this essay, I will consider two recent books on the jury that discuss why practitioners and the public both celebrate and condemn it. I will also examine how the jury functions as a policymaking body within the criminal justice system, and preview reforms that might respond to criticisms about the jury’s conformity to the rule of law. Despite condemnations of the system, polls show that past criminal jurors, lawyers, and judges report …

Curtailing Civil Rico’S Long Reach: Establishing New Boundaries For Venue And Personal Jurisdiction Under 18 U.S.C. § 1965, A. Darby Dickerson

Nebraska Law Review

Many judges, members of Congress, and commentators have bemoaned the fact that attorneys frequently add causes of action under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) to “up the ante” in otherwise ordinary civil actions. After addressing civil RICO’s legislative history and § 1965’s statutory framework, this article describes different methods courts currently use to analyze venue and personal jurisdiction under U.S.C. § 1965. Next, this article proposes separate jurisdictional and venue tests for courts to apply when § 1965(b) is invoked in civil RICO cases. These tests are designed to protect defendants’ due process rights, give credence …

To Prosecute Is Human, Karen Knight

Nebraska Law Review

I. Introduction

II. The Nebraska Experience

III. Direct Faculty Supervision vs. the Externship Model

IV. Advantages of a Prosecution Clinic ... A. Litigation Opportunities ... B. Oral Advocacy Skills ... C. Factual Investigation ... D. Drafting Pleadings ... E. Case Analysis ... F. Trial Advocacy ... G. The Burden of Proof ... H. Developing as a Professional ... I. Negotiation ... J. Caseloads ... K. A Dilution of the Ethical Dilemma ... L. Public Service Orientation ... M. Exercise of Public Discretion ... N. Application of Ethical Principles ... 0. Institutional Critique

V. Disadvantages of the Prosecution Model ... A. …

1995 Pod Network Conference Attendees

Professional and Organizational Development Network in Higher Education: Conference Materials

No abstract provided.

The Communitarian Function Of The Criminal Jury Trial And The Rights Of The Accused, George C. Harris

Nebraska Law Review

This article examines Supreme Court jurisprudence regarding three circumstances in which the communitarian function of trial by jury is apparently inconsistent with the rights of the accused: 1) where the accused wishes to waive her right to trial by jury and be tried by the court; 2) where the accused wishes to exercise peremptory challenges to eliminate a cognizable group of jurors that she believes will tend to be unsympathetic to her defense; and 3) where the accused opposes television coverage of her trial contrary to the rules or ruling of the court. In each of these circumstances the accused …

Review Of Indians In Prison: Incarcerated Native Americans In Nebraska By Elizabeth S. Grobsmith, Ronet Bachman

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

Elizabeth S. Grobsmith provides an intimate glance into the relationship between the bureaucracy of the Nebraska correctional system and American Indian prisoners within the system. Prefaced by an important historical context, the insightful narratives which comprise the bulk of this work offer a detailed examination of the day-to-day struggles encountered by Indian inmates trying to survive in an environment which is, all too often, not cognizant of their needs. In general, this book is a valuable contribution to the literature investigating the relationship between contemporary American Indians and the criminal justice system.

One aspect that I found troubling, however, was …

Index

Professional and Organizational Development Network in Higher Education: Conference Materials

No abstract provided.

Bureaucratic Justice Meets Adr: The Emerging Role For Magistrates As Mediators, Patrick E. Longan

Nebraska Law Review

I. Introduction

II. Obstacles to Unassisted Settlement ... A. Informational Needs ... 1. The Need for Convergent Expectations ... 2. Why Parties Need Assistance ... B. Procedural Needs ... 1. The Procedural Needs of the Parties ... a. Catharsis ... b. Deflation ... 2. The Procedural Needs of the Lawyers

III. Three Types of Mediation Compared ... A. Referral Mediation ... 1. Meeting the Informational Needs of Settlement … a. How Referral Mediation Can Work ... b. How Referral Mediation Can Fail: False Convergence ... i. How False Convergence Happens ... ii. Why False Convergence Occurs ... 2. Meeting Procedural …

An Hegelian Approach To Privileges Under Federal Rule Of Evidence 501: The Restrictive Thesis, The Expansive Antithesis, And The Contextual Synthesis, Edward J. Imwinkelried

Nebraska Law Review

In 1934 Congress authorized the Supreme Court to formally promulgate rules of evidence. For almost forty years, the Court exercised that power without incident. The working relationship with Congress broke down, however, in 1973, when Congress intervened and substantially revised proposed Rules of Evidence drafted by the Court. Rule 509 regulating government privilege had provoked criticism during the time of Watergate. Article V dealing broadly with privileges remained very controversial. Differing interpretation of Rule 501, which grants the courts a power to determine federal privilege law, has divided the courts. The purpose of this article is to explore that split …

Uncounseled Convictions And Sentencing Enhancements: Does Nichols V. United States Do More Than Simply Overrule Baldasar?, Michael E. Wheeler

Nebraska Law Review

I. Introduction

II. The Sixth Amendment Right to Counsel

III. Use of Prior Convictions for Penalty Enhancement

IV. Application of Baldasar and the Need for Nichols

V. The Decision in United States v. Nichols

VI. The Logic of Nichols Opens More Than One Door

VII. Conclusion

Acuta Enews August 1993, Vol. 22, No. 8

ACUTA Newsletters

In This Issue

Interview with Luther Robb

President's Message

Paradigms & Paradoxes

Total Quality Management

Super Schools

Win-Win Relationships

21st Century Technology

Executive Director's Message

Review Of Law For The Elephant, Law For The Beaver: Essays In The Legal History Of The North American West By John Mclaren, Hamar Foster And Chet Orloff, Gordan Morris Bakken

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

This collection of twelve essays displays the vitality of Western legal history and the potential for fruitful exploration of transborder legal history. John Phillip Reid's masterful survey of Western American and Canadian legal history presents both the results of research and the contours of future scholarly inquiry for generations of legal historians. David Percy and John P. S. McLaren contribute insightful comparative essays on water law and anti-Chinese activities in courts and legislatures. Other essays cover frontier criminal justice administration, aboriginal rights, jurisdiction and extraterritoriality, the cultural and legal implications of anti-Chinese discrimination, and constitution-making. This ambitious book tells us …

Justification Defenses And Just Convictions, Robert F. Schopp

Nebraska College of Law: Faculty Publications

The fully competent, culpable, and malevolent Spike azttacks Mother Beneficence with a tire iron in order to steal the alms she has collected for the poor. Mother Beneficence defends herself by kicking Spike in the shins, and Dudley Doright rushes to her rescue, punching Spike in the nose, knocking him to the ground, and holding him until the police arrive. Dudley acts solely for the purposes of preventing harm to Mother Beneficence and bringing Spike to justice.

Both Mother Beneficence and Dudley fulfill the offense elements for assault in that they purposely cause bodily injury to another human being. Most …