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Masthead & Table Of Contents, Vol. 103, No. 1

Nebraska Law Review

No abstract provided.

Creating A Diverse Honors Faculty Through Collaborative Relationships Within The Community And The University, Amelia Underwood, Philip L. Frana, Awn-Amber Montoya

Honors in Practice Online Archive

This essay documents approaches to growing honors affiliate faculties through community and university partnerships. The need for new strategies to prepare non-traditional faculties is shown by evidence that the student population is changing and by the critical responsibility honors programs have in the mentorship of diverse students. Professionals, local experts, student affairs administrators, and international scholars can make valuable contributions to honors programs and colleges, given their practical insights and hands-on experiences. Methods for selecting, recruiting, and integrating affiliate faculty into honors education are also shared. The authors cite examples of successful collaborations with community leaders, officers in multicultural affairs …

Partners In Peace: A Sketch For A Link Between The Nobel Peace Prize And Nchc, Kevin W. Dean, Henrik Syse

Honors in Practice Online Archive

In a plenary address at the 2023 NCHC annual conference in Chicago, the former Vice Chair of the Norwegian Nobel Committee issued a challenge for honors students and educators to use their voices and positions of local leadership to promote peace. The call for peace advocacy extended in Chicago resonated with the large audience, as leadership development represents a high-impact practice that many honors programs embrace. As national and international conflicts produce increasing polarization and divisiveness that seep into our campuses and local communities, the urgency for honors students to hone critical thinking and practical skills needed for citizen leadership …

A Short Account Of That Part Of Africa Inhabited By The Negroes, Anthony Benezet, Paul Royster , Ed.

Zea E-Books in American Studies

Anthony Benezet scoured the available English literature of colonial exploitation for evidence of the humanity of the trafficked Africans and the inhumanity of the European traders in human beings. He compiled and published this Short Account in 1762 to present the case for termination of the trans-Atlantic transportation of kidnapped Africans, for abolition of slavery and the slave trade, and for emancipation of the enslaved persons held in bondage in North America and elsewhere. Drawing on Scottish moral philosophy, British Whig ideology, and, most importantly, on New Testament gospel teachings, Benezet presented both reasoned and impassioned appeals for the recognition …

Reports On The Cost Of Administration Of Criminal Justice In Omaha And Lincoln, Nebraska, 1933: A Facsimile Edition & Contextual Casebook., Hattie Plum Williams, Michael R. Hill, Mary Jo Deegan

Zea E-Books Collection

The professional life of Hattie Plum Williams (1878–1963) epitomized the first generation of professional women sociologists on the Great Plains. At the University of Nebraska, she became the first woman in the world known to hold a regular appointment as chair of a coeducational, doctoral department of sociology (1923–1928). Often characterized as a social worker, her professional allegiance remained to sociology. Williams’ unsung labors in the early 1930s on behalf of the National Commission on Law Observance and Enforcement (NCLOE) resulted in two detailed, typewritten accounts of crime and criminal justice in Omaha and Lincoln, Nebraska. Her data collection, along …

Neglected, Perplexing, Unpredictable: Remedies In International Commercial Arbitration, Charles H. Brower Ii

Nebraska Law Review

People often treat awards as the focal point of international commercial arbitration, but awards are not the focal point; remedies are. Yet remedies remain an undertheorized topic in the arena of international commercial arbitration. The whole topic of remedies is neglected; there is almost no quantitative data on the remedies requested or awarded in international commercial arbitration. Likewise, almost no standard works devote significant qualitative analysis to remedies.

Remedies are also perplexing because opinions on the sources and limits of a tribunal’s remedial powers are literally scattered to the four cardinal directions, with observers approaching remedial powers from the perspectives …

What Roosevelt Did To Brown V. Board Of Education, Or Race And Court Packing, Jill M. Fraley

Nebraska Law Review

Roughly one-third of American schools remain segregated. Scholars have offered a variety of explanations, mostly social and cultural, but sometimes legal, for why desegregation did not proceed effectively after Brown v. Board of Education. This Article articulates a less expected and previously undocumented cause: President [Franklin D.] Roosevelt’s prior attempt at court packing slowed—even derailed—desegregation.

The story of what Roosevelt’s court packing did to make the work of integration harder is a cautionary tale, particularly for those who want to alter the U.S. Supreme Court now in furtherance of a modern cause. The only reasonable route for reforming the …

Enforcing The Ada: How The Eighth Circuit Has Interpreted Undue Hardship To Employers When Examining Mandatory Reassignment As A Reasonable Accommodation Under The Ada—Huber V. Wal-Mart Stores, Inc., Matthew Zabek

Nebraska Law Review

In Huber v. Wal-Mart Stores, Inc., the Eighth Circuit joined a circuit split regarding whether it is mandatory under the Americans with Disabilities Act of 1990 for an employer to accommodate a disabled employee by reassigning them to a vacant position, even if they are not the most qualified individual available to fill that position. The Eighth Circuit asserts that the ADA is an anti-discrimination statute, and therefore should not impose automatic employment preferences like mandatory reassignment. Courts on the opposite side of the split have held that the ADA requires mandatory reassignment because if it did not, the …

Unfair Discrimination Standards, Actuarial Fairness, And Insurers’ Use Of Big Data, Laura L. Arp

Nebraska Law Review

Technological innovations in insurance rating allow increasingly large sets of data about insureds to be collected, analyzed, and turned into rates. Consumers’ concerns about artificial intelligence can translate into mistrust that their insurance rates accurately reflect the risk they present. In response, regulatory frameworks are being developed for testing these new algorithms. When people encounter the word “discrimination,” they often register a meaning of “unfair discrimination.” However, in the insurance context, “discrimination” is a neutral term.

This Article attempts to unpack the multiple and complex facets present in the definition of unfair discrimination—and in particular proxy discrimination—as applied to insurance, …

Saving The Savings Clause In Federal Habeas Jurisprudence, Alex Kleinjan

Nebraska Law Review

The Great Writ of habeas corpus, safeguarded by our Constitution as an essential guarantor of liberty, took its current shape over the course of American history as Congress established, expanded, and eventually limited the power of federal courts to issue the writ. Although the Antiterrorism and Effective Death Penalty Act of 1996 imposed harsh new limitations for federal prisoners seeking habeas relief more than once in the same case, Congress’s amendment of the relevant procedural statutes left intact the “savings clause,” allowing such prisoners to file additional requests for relief where the prisoners’ prior requests were “inadequate or ineffective to …

Group Prayer In Federal Prison, Nicole B. Godfrey

Nebraska Law Review

For the past fifteen years, the Federal Bureau of Prisons (BOP) has been litigating claims brought against it by incarcerated Muslims seeking the ability to pray with other Muslims in a group in accordance with their sincerely held religious beliefs. The vast majority of this litigation occurred after the Southern District of Indiana enjoined BOP officials from enforcing a prohibition on group prayer in 2013. Despite this injunction, the BOP failed to implement a policy that expressly allowed for group prayer in all of its 122 institutions nationwide, which led to further litigation in at least seven federal district courts, …

The Federal Government’S Role As The Warden Of Immigrants, Pedro Gerson

Nebraska Law Review

This Essay examines the evolving landscape of immigration enforcement within the broader context of federal confinement in the United States. The current “crisis” at the southern border, characterized by historic levels of migrant influx and shifting political tides toward restrictionism, underscores the federal government’s increasing emphasis on confinement as a tool of migration control. Furthermore, this Essay argues the need to conceptualize federal confinement as a unified system encompassing both immigration detention and incarceration, which reveals the extent to which immigration has become a dominant factor in federal custody. Drawing on data and analysis, it demonstrates that immigration-related offenses now …

Heads Held High And Hands Holding Hope: The Victory And Vulnerabilities Of The Indian Child Welfare Act After Haaland V. Brackeen, Mikayla Jones

Nebraska Law Review

Congress enacted the Indian Child Welfare Act (ICWA) in 1978 to mitigate the catastrophic effects of the federal government’s longstanding policy of forcibly removing Indian children from their families and tribal communities. ICWA has safeguarded Indian children and families for decades by setting minimum standards in state child welfare proceedings to prevent unwarranted removals, support family preservation and reunification, and foster cultural and community connection.

However, ICWA has faced numerous legal challenges since its implementation—often on the theory that the law discriminates against Indian children on the basis of race in violation of the Equal Protection Clause. In 2023, the …

Using A Congressional-Executive Agreement To Protect Abortion At Home And Abroad, Amanda V. Landaverde

Nebraska Law Review

In the Supreme Court’s decision in Dobbs v. Jackson Women’s Health, the Court rejected the existence of a constitutional right to abortion and obliterated the only federal protection of abortion. Two years after the Court’s decision, Congress has not passed federal legislation protecting abortion, and our country has no national standard on abortion access. In the meantime, in states with draconian abortion restrictions, women are forced to wait until they are at death’s door before the state allows them to have an abortion. This occurs despite the majority of Americans supporting some form of abortion access.

Although potential legislation …

Public Lands In Private Hands: Corner-Crossing Is An Ominous Grey Area In Wyoming Law, Christian Moncrief

Nebraska Law Review

Corner-crossing is a tactic used by recreators in Western states with ample public land. Corner-crossing occurs when a recreator reaches a four-way junction of two corners of public land and two corners of private land and steps or climbs diagonally from one corner of public land to another. This practice frequently occurs in areas where public and private lands are interlocked in an alternating checkerboard pattern. Due to the millions of acres of corner-locked public land in Wyoming and the implications of this practice on private property rights, corner-crossing is an extremely pressing issue in Wyoming. The legality of corner-crossing …

Masthead & Table Of Contents, Vol. 103, No. 2

Nebraska Law Review

No abstract provided.

The Unsettled State Of Corporate General Personal Jurisdiction, Anthony J. Gaughan

Nebraska Law Review

In the 2023 case of Mallory v. Norfolk Southern Railway Company, a sharply divided United States Supreme Court held that general-jurisdiction-by-registration statutes do not violate the Due Process Clause. The Court based its decision on the 1917 case of Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Milling Co., which upheld Missouri’s registration-jurisdiction statute against a due process challenge. The plurality and concurring opinions in Mallory viewed Pennsylvania Fire as a controlling precedent that dictated a ruling in favor of Pennsylvania’s registration-jurisdiction statute. Ironically, however, Mallory’s affirmation of Pennsylvania Fire implicitly repudiated a recent …

Timber Talk, Vol. 62, No. 2, June 2024

Timber Talk: Nebraska Forest Industry Newsletter

Timber Talk, Vol. 62, No. 2, June 2024

Technical And Technological Analyses Of Excavated Textiles, Christina Margariti, Judith Goris, Petra Linscheid, Agata Ulanowska

Textile Crossroads: Exploring European Clothing, Identity, and Culture across Millennia

Textiles are particularly complex and labor-intensive structures, thus their constructive elements, such as fibers and yarns, as well as the final textile products (e.g., threads, cords, fabrics, and applied decoration) reveal a range of important technical, technological, and sociocultural information. In this paper, we discuss the analysis of excavated textiles at two levels:

1) Technical analysis that offers basic information about the qualities of examined textile samples.

2) Technological analysis that provides insights into technology, social relations of production, and the level of craft specialization or production modes.

Both analyses offer new evidence for environmental resources, sustainability, trade, and exchange, …

Towards Textile Narratives: A Cross-Over Perspective On Textile Imagery In Statuary, Iconography, And Literature, Leyre Morgado-Roncal, Juliane Müller, Marisa Kerbizi

Textile Crossroads: Exploring European Clothing, Identity, and Culture across Millennia

Textiles and clothing constitute a fundamental element of our cultural past, present, and future. Therefore, they were also represented in many mediums, such as iconographic depictions and literature. Images are a source of visual and mental illustration and are often dependent on the viewer’s perspective. As a result, the representations of textiles convey social constructions and their cultural perception. Their study is the focal point of this article: The ways in which textiles and clothing are described by the imagery shown in Greek and Roman statuary and iconography, as well as in contemporary Albanian literature and mythology.

Representations illustrate the …

Young Romans: Status, Dress, And Gender, Mary Harlow, Lena Larsson Lovén

Textile Crossroads: Exploring European Clothing, Identity, and Culture across Millennia

The demographics of the Roman world suggest that it was a world full of children. Demographers argue that in order simply to maintain population levels in a period where life expectancy was very short by modern standards, and infant mortality high, a woman should, on average, have six children, on the assumption that not all would live to adulthood. Despite much research in the last fifty years, children still remain partly invisible in the Roman world. This is primarily because they leave little evidence produced by themselves and are seen through the prism of adult eyes. Inevitably, given the nature …

A Sensory Perspective On High-Ranked Women’S Dress In The 8th To 4th Century Bc In The Mediterranean And Central Europe, Karina Grömer, Susanna Harris, Audrey Gouy, Cecilie Brøns

Textile Crossroads: Exploring European Clothing, Identity, and Culture across Millennia

In the late 20th century, the study of western science was dominated by a philosophical approach to evidence as text and meaning. In archaeology, material culture was treated like text, to be read through systems of signs, symbols, and indices put together in syntax. For studies of dress, this was influential in understanding dress as a cognitive system compiled to create identities and meaning. In this approach, textiles, fastenings, hairstyles, and gestures are presented as signs and symbols used to form a statement about identity, to be read by others. There was a focus on the visuality of dress and …

Military Symbols, United States Army

United States Army: Field Manuals

Military Symbols, United States Army Field Manual FM 1-02.2

Lambani Textiles: Oscillating Between The Past And The Present, Beena Santosh Modathi, Anjali Karolia

Textile Society of America: Symposium Proceedings

This paper examines the experiences of home-based women zardozi artisans in Bhopal, India, who use traditional embroidery skills to create fashionable products. It highlights the role of the traditional craft sector in promoting women's empowerment, enhancing economic well-being, and supporting sustainable development in the Global South. Through ethnographic research, including literature review and interviews, the study reveals the resilience of these artisans, many of whom come from low-income backgrounds with limited education. Despite modest earnings, Textiles embody narratives, legacies, and lineages. Indian traditional textiles, particularly those featuring strong Lambani embroidery, represent a dynamic interplay of ancestral techniques, motifs, and cultural …

Inconclusive Objects: Sample Making As Inquiry-Driven Practice, Etta Sandry

Textile Society of America: Symposium Proceedings

In Inconclusive Objects: Sample Making as Inquiry-driven Practice I will discuss craft sample making as a valuable practice of critical thought and experimentation. Craftspeople, artists, and designers make samples to practice technical skills and to demonstrate results on small scales. It is process work, typically used to learn a new technique or a hidden step on the way to a final product. However, as a cumulative process of research, material probing, and play, sampling is a critical aspect of design and creation. What can a closer study of sampling reveal about creative practice and knowledge production in craft and beyond? …

Books, Boots, And Beer Halls In Germany: Observations By A Young Nebraskan Studying In Europe, 1876–1878, George Elliott Howard, Michael R. Hill

Zea E-Books Collection

Long before George Elliott Howard (1849–1928) became one of Nebraska’s premier sociologists and was elected president of the American Sociological Association (1917), he was a footloose young scholar who pursued postgraduate education in Germany during 1876–1878. Eager to share his adventures, Howard wrote and dispatched seven insightful essays that were quickly published in Nebraska newspapers. Here, collected together for the first time, are Howard’s firsthand observations on travel in Europe, life and learning in Germany, studying the German language, student beer-drinking societies, and a walking tour in Austria. Edited and introduced by Michael R. Hill, Howard’s essays are placed squarely …

The Midwest Feminist Papers: A Facsimile Edition 1980–1997. Part I (1980–1983), Mary Jo Deegan, Michael R. Hill

Zea E-Books Collection

Mary Jo Deegan and Michael R. Hill, compilers. The Midwest Feminist Papers: A Facsimile Edition 1980–1997, with prefaces and author indices by Mary Jo Deegan and Michael R. Hill. 3 volumes: Part I (1980–1983)

The Midwest Feminist Papers was a creative, group-generated initiative that gave voice to the scholarly questions, research interests, and social concerns of a growing cohort of Midwestern feminist sociology graduate students and their feminist faculty mentors during the last quarter of the Twentieth Century. They were active members of Midwest Sociologists for Women in Society, a regional expression of the larger national Sociologists for Women …

Examining Adolescent Sexual Patterns In Creek Town, Nigeria: Insights From A Cross-Sectional Survey And Implications For Tailored Interventions, Rowland Edet, Kabiru K. Salami

Department of Sociology: Faculty Publications

In the dynamic landscape of global health, the sexual behaviors of adolescents are of particular significance due to their profound implications for individual well-being and public health. This article focuses on Creek Town, a vibrant community in Nigeria, and aims to provide a nuanced exploration of the sexual behaviors of adolescents within the context of local culture and socioeconomic factors. A cross-sectional survey design was employed, involving a multi-stage sampling approach with 422 participants. A comprehensive 112-item questionnaire captured various aspects of adolescent sexual behaviors. Additionally, four focus group discussions, including both in-school and out-of-school adolescents, provided qualitative insights. The …

Life Cycle Greenhouse Gas Emissions In Maize No-Till Agroecosystems In Southern Brazil Based On A Long-Term Experiment, Guilherme Rosa Da Silva, Adam J. Liska, Cimelio Bayer

Department of Agricultural and Biological Systems Engineering: Faculty Publications

Brazilian agriculture is constantly questioned concerning its environmental impacts, particularly greenhouse gas (GHG) emissions. This research study used data from a 34-year field experiment to estimate the life cycle GHG emissions intensity of maize production for grain in farming systems under no-tillage (NT) and conventional tillage (CT) combined with Gramineae (oat) and legume (vetch) cover crops in southern Brazil. We applied the Feedstock Carbon Intensity Calculator for modeling the “field-to-farm gate” emissions with measured annual soil N₂O and CH₄ emissions data. For net CO₂ emissions, increases in soil organic C (SOC) were applied as a proxy, …

That’S Not In My Position Description: A Discourse Analysis Of Sbae Migratory Context, Becky Haddad, Jonathan Velez, Josh Stewart, Haden Botkin

Department of Agricultural Leadership, Education, and Communication: Faculty Publications

While the choice to move to a new school is personal, many play a role in justifying that choice for the mobile teacher. These justifiers—or influencers—make up the socializing network for teachers (in this case, SBAE teachers) in new settings. Our study outlined how mobile SBAE teachers rationalize the choice to change schools and validate career moves. We used a positioning theory approach to discourse to give migrators (teachers who change schools) and influencers a voice. Positioning theory allowed us to situate migrators as they reflected on their choice to change school districts, and influencers as they recounted their …