Digital Commons Network^™

Sticky Science In Court, H. A. Spitzer

Nebraska Law Review

Litigation routinely employs scientific evidence to aid judicial fact-finding and decision-making. This is especially important in areas like family law, where legal standards—such as the best interests of the child—often depend in part on scientific findings. Yet the legal system’s gatekeeping doctrines (Frye, Daubert, and Federal Rule of Evidence 702) apply primarily to expert testimony, leaving other pathways through which scientific evidence reaches courts largely unchecked. These other pathways include citations in briefs and opinions to non-peer-reviewed or non-scientific sources such as law reviews, treatises, and self-published materials, which often become outdated and are not well positioned …

Let Them All Grow: Protecting Nebraska's Intersex Youth From Medical Intervention, Jori Peters

Nebraska Law Review

The Nebraska Legislature passed the Let Them Grow Act on May 22, 2023, which prohibits minors from receiving gender-affirming care in Nebraska. This Note argues that the Act violates the Equal Protection Clause of the Fourteenth Amendment because it exempts intersex children—those born with ambiguous sex characteristics—from protections against unnecessary, irreversible, and nonconsensual medical procedures, while the Act protects those born with clearly male and female sex characteristics. This Note clarifies the distinction between the issues faced by intersex individuals and transgender individuals, and highlights the psychological and physical harms of early sex assignment surgeries. Further, this Note outlines the …

Carson V. Makin: Ending The Status-Use Distinction And Building A Foundation For The Emergence Of Catholic Charter Schools, Tyler Lyon

Nebraska Law Review

Over the course of its history, the United States has wrestled with a wide variety of issues that have tested the tension between the Establishment and Free Exercise clauses of the First Amendment. One such issue involves the extent to which religious schools can access public funds, which was addressed by the proposal of the Blaine Amendment on a national scale in 1875. The Blaine Amendment was intended to prevent religious groups from accessing public funds, and although it did not pass on a national level, it was adopted by many states.

However, some recent United States Supreme Court cases …

On Sovereignty, Outer Space, And Taxation, Erika I. Scuderi

Nebraska Law Review

This Article offers a comprehensive framework for States’ taxing powers in outer space. Beginning with an analysis of the legal status of airspace and outer space, the study addresses the taxation of commercial space activities, where traditional fiscal approaches of residence-based and source-based taxation break down. The discussion ultimately centers on Article VIII of the Outer Space Treaty, on which basis the present Article proposes the “Tax Jurisdiction by Registration Principle,” arguing that the act of registering a space object provides a legal basis for taxing income derived from its use. In doing so, the Article provides for a potential …

Leveling The Playing Field: Which Type Of Political Gender Quota Most Effectively Increases Women's Legislative Representation?, Meghan K. Stone

Honors Program: Senior Projects (Public)

Significant advances have been made in recent years in terms of increasing the representation of women in national legislatures around the world. Many scholars believe political gender quota laws are responsible for this increase. However, it is important to note that there are several different types of political gender quota laws, each with differing mechanisms for increasing the presence of women within the legislature. This paper researched the effectiveness of three different systems of political gender quotas (voluntary political party quotas, legislated candidate quotas, and the hybrid system of quotas) in increasing the percentage of women represented within national legislatures …

Feasibility Of Using Recycled Waste Plastic In Concrete Pavements In Nebraska, Amasi Hajahja, Jamilla Teixeira, George Morcous

Nebraska Department of Transportation: Research Reports

Waste plastic (WP) is a growing environmental concern due to its non-biodegradable nature, large-scale production, and harmful impact on natural resources. With nearly 75% of WP in the U.S. ending up in landfills, effective recycling strategies are urgently needed. In parallel, the limited availability of natural aggregates highlights the need for alternative materials in concrete construction. This study investigates the feasibility of using recycled waste plastic (RWP) in concrete mixtures, both as aggregates and fibers for rigid pavement applications in Nebraska. Concrete mixtures were prepared by partially replacing natural fine aggregates with recycled plastic aggregates (RPA) at replacement levels of …

A Taxonomic Overview Of The Apodemia Mormo Complex From A Genomic Perspective, Jing Zhang, Qian Cong, Jinhui Shen, Leina Song, Nick V. Grishin

The Taxonomic Report of the International Lepidoptera Survey

Genomic analysis of the Apodemia mormo group (Riodinidae Grote, 1895 (1827)) specimens across the range from southwestern Canada through much of the western USA and northwestern Mexico, complemented by phenotypic examination and photographs of live individuals to inspect eye color, partitions the complex into eight species, one of which is proposed as new: Apodemia (Apodemia) apache Grishin, sp. n. (type locality in USA: Arizona, Apache Co.), and three elevated from subspecies of A. mejicanus: Apodemia (Apodemia) maxima (Weeks, 1891), stat. rest., Apodemia (Apodemia) deserti W. Barnes & McDunnough, 1918, stat. nov., and Apodemia ( …

Responsible Ai In Teaching And Learning, Asa B. Stone, Mark C. Stone, Derek M. Heeren, Santosh Pitla

PRAIRIE: Pioneering Responsible AI for Research, Innovation, and Education

The rapid adoption of generative artificial intelligence (AI) in higher education presents both transformative opportunities and significant pedagogical risks. While AI tools are becoming embedded in academic and professional environments, their integration into teaching and learning raises critical questions about cognitive engagement, academic integrity, equity, and skill development. This white paper proposes a principled framework for the responsible integration of AI in higher education, grounded in the dual commitment to AI literacy and the cultivation of durable skills.

The framework articulates six core principles: purposefulness; transparency; integrity and attribution; critical AI literacy; equity and access; and privacy and data protection. …

Vultures, Bryan M. Kluever, Lee A. Humberg, Scott C. Barras

Wildlife Damage Management Technical Series

Fact sheet about vultures including information about human--wildlife conflicts, the vulture roost, affects on livestock, structures, human health and safety, identification of damage, management methods, legal considerations, and economics. Also included is an overview of the species.

Characterization Of Sediment Loads And Size Distribution In Nebraska Roadway Runoff, Bruce I. Dvorak, David M. Admiraal, Pavel Shrestha

Nebraska Department of Transportation: Research Reports

The Nebraska Department of Transportation (NDOT) must manage sediment, and pollutant loads from roadway runoff to meet stormwater regulations. The SAFL Baffle, a hydrodynamic separator used by NDOT, depends on reliable estimates of total suspended solids (TSS) and particle size distribution (PSD). However, limited data exists for Nebraska roadways. In this study stormwater runoff was monitored at four NDOT-maintained sites, two in Lincoln and two in Beatrice, over 1.5 years to characterize TSS and PSD and to evaluate SAFL Baffle performance using the SHSAM model. Results showed large variability across sites and seasons. Median TSS ranged from 158 to 580 …

Assessment Of Winter Maintenance Performance Objectives Using Maintenance Decision Support System, Curtis L. Walker, Mark R. Anderson, Aemal Khattak, Thomas Kauzlarich, Abdul Farhan

Nebraska Department of Transportation: Research Reports

It is important for transportation agencies to assess their winter maintenance operations performance to identify areas for improvement and/or resource investment to maintain optimal levels of service, mobility, and safety. This study explores nine winter snowstorms in Nebraska during the 2023-2024 winter season across 20 road segments, 12 of which were along the Interstate-80 corridor. Datasets explored include meteorological information, traffic mobility insights, winter maintenance operations activities, and road conditions before, during, and after the periods of accumulating snowfall. Statistical analyses explored correlations and quantitative relationships among these datasets, while visual dashboards were developed to promote more qualitative considerations of …

Actas Seleccionadas Del Simposio Arte 4.2: Migraciones En La Imagen Prehispánica: Transitando Territorios Del Pasado Al Presente. 58º Congreso Internacional De Americanistas, Novi Sad, Serbia, 2025, Victòria Solanilla Demestre, Annabel Villalonga Gordaliza

Zea E-Books Collection

El presente volumen reúne una selección de contribuciones derivadas del simposio «Migraciones en la imagen prehispánica: transitando territorios», coordinado en el marco del 58º Congreso Internacional de Americanistas (ICA58). Nuestro simposio propuso detenerse ante un fenómeno a la vez antiguo y vigente: la travesía de las imágenes. Imágenes nacidas en la América prehispánica que, a lo largo del tiempo, atravesaron paisajes, rutas y memorias para (re)aparecer en territorios distintos de aquellos que las vieron surgir. Cada autor, desde su propio territorio intelectual, contribuye a desentrañar los movimientos, apropiaciones y metamorfosis que experimentaron las imágenes amerindias al viajar de una sociedad …

Construcción De Identidades A Través Del Diseño Precolombino, Luz Helena Ballestas Rincón

Actas seleccionadas del SIMPOSIO ARTE 4.2: Migraciones en la imagen prehispánica: transitando territorios del pasado al presente. 58º Congreso Internacional de Americanistas, Novi Sad, Serbia, 2025.

La identidad de los pueblos en gran medida se refleja en su cultura, tanto material como inmaterial, lo que constituye su herencia: es lo que permanece, lo que los representa. En la tradición de los países latinoamericanos, el pasado precolombino es parte del patrimonio cultural. Es evidente en el arte, el diseño y la artesanía. En el presente artículo se destacan los aportes de personas que pertenecen a estos ámbitos, especialmente de diseñadores que resignifican los motivos precolombinos y, que por ser sus productos de carácter popular y reproducible, son de fácil acceso y de esta manera reflejan la esencia …

Practical Considerations For Conducting Canine Behavioral Science, Lucrezia Lonardo, Madeline H. Pelgrim, Jeffrey R. Stevens

Jeffrey Stevens Publications

Research on behavior in domestic dogs (Canis familiaris) has increased rapidly recently due to the interest in them as pets, working dogs, and model species for understanding evolution, domestication, and even human health. This interest in canine behavioral science has resulted in the creation of dozens of dog lab worldwide, with more starting every year. Our aim here is to review practical issues that potential dog researchers might consider when deciding how to set up a dog lab and conduct research in canine behavioral science. We hope that this can offer a path forward in promoting high-quality, cutting-edge …

Chapter 3: Diamonds In The Rough: The Development And Occurrences Of The Rhombus Motif, Its Components, And Its Variations In Olmec And Olmec-Related Textiles, Billie J. A. Follensbee

Precious Pattern: The Dotted-Diamond Motif in Indigenous American Textiles, Explorations in Mesoamerica, the American Southwest, and the Andes

Discusses the development of textiles in the Mesoamerican Preclassic/Formative period from the Gulf Coast, the rhombus textile patterns and motifs in Olmec and Olmec-related imagery, and includes further reflections on the dotted-diamond motif, its components, and their correlations.

Masthead & Table Of Contents, Vol. 104, No. 4

Nebraska Law Review

No abstract provided.

Touchdown: Upholding Precedent For Proper Venue In United States V. Lozoya, Mikayla Gross

Nebraska Law Review

“The friendly skies are not always so friendly.” This Note supports the Ninth Circuit’s en banc opinion in United States v. Lozoya, which determined that the landing district is the proper venue for prosecuting in-flight crime. The Ninth Circuit’s en banc ruling overturned the requirement to prosecute in-flight crimes in flyover districts, which created practical and evidentiary burdens for the prosecution and defense. The establishment of the landing district as the proper venue for in-flight crime prosecution promotes practical adjudication, justice for victims, constitutionally sound trials for defendants, uniformity for inflight prosecution, and encompasses Congress’s intent when enacting 18 U.S.C. …

Restoring The Fair Cross-Section Guarantee Of The Constitutional Right To An “Impartial Jury”: A Critical Examination Of The Nebraska Court System’S Systemic Default And The Supreme Court’S January 2026 Reform Of The Juror Questionnaire And Jury Data Rules, Russell E. Lovell Ii, David S. Walker

Nebraska Law Review

This Article will analyze the comprehensive demographic jury data reforms adopted by the Nebraska Supreme Court through new Court Rules and a new Juror Qualification Form (“Questionnaire”) promulgated October 2024 (“January 2026 Reforms”) and effective January 1, 2026. The Court has embraced major reforms that are cause for optimism that the Court will continue the journey to reinvigorate the guarantee that juries be drawn from a fair cross-section of the community served by the trial court as required by the Sixth Amendment and the Nebraska Jury Selection Act of 1979 (“NJSA”).

The full significance of these reforms may not be …

Principle Over Pedigree: United States V. Rahimi, Post-Ratification History, And The Case For Justice Barrett’S Approach, Joel Myers

Nebraska Law Review

Four years ago, the Supreme Court revolutionized Second Amendment law in New York Rifle & Pistol Ass’n, Inc. v. Bruen by instituting a test concentrated on text, history, and tradition. To uphold a firearm regulation, the government must demonstrate a relevantly similar historical analogue. Shortly after, the Court affirmed but clarified its position in United States v. Rahimi by performing the Bruen analysis at a higher level of generality and rejecting a challenge to 18 U.S.C. 922(g)(8). The Court’s evolving Second Amendment jurisprudence offers fertile ground for the Court’s originalists to elucidate their perception of constitutional interpretation. In Rahimi, Justice …

When We Don’T Get Community Right In Restorative Justice Spaces: Cancel Culture And Failure To Transform, Aparna Polavarapu

Nebraska Law Review

This Article argues that community is a central but deeply misunderstood feature of restorative justice. Restorative justice asks us to understand harm as a break in relationship that creates obligations for the person harmed, the person who caused harm, and the community. Community is theorized to play a key role in working towards reintegration and social change, both goals of restorative justice. Yet in practice, community is often misused or underused in ways that weaken these goals. Practitioners are observing an increase in cancel culture actions by groups that claim affinity with restorative and transformative justice. However, by weaponizing the …

Restorative Justice Behind Bars: Evidence Supporting A Post-Adjudication Brief Intervention, Dennis E. Mcchargue Ph.D., Ashley Votruba, Casey N. Tisdale, Sarah M. Noone

Nebraska Law Review

This Article details a post-adjudication restorative justice intervention implemented in Nebraska during the 1990s. This Article summarizes research findings from samples of individuals in prison and on probation, demonstrating meaningful reductions in recidivism and harm. This brief restorative justice intervention is low-cost, group-based, and uses surrogate victim impact statements as opposed to victim-offender mediation. This intervention offers a realistic template for statutory and policy reform in jurisdictions that cannot implement more resource-intensive restorative models.

Evaluation Of Critical Shear Strength Of Soils In Nebraska Based On Revised Cpt, Chung R. Song, Bashar Al-Nimri, Basil Abu Al Sha'r, Dhurba R. Pandey, Jongwan Eun, Seunghee Kim

Nebraska Department of Transportation: Research Reports

This study evaluated the “Fully Softened Shear Strength (FSSS)” of soils in Nebraska based on a revised Cone Penetration Test(CPT) method. FSSS is a unique strength condition that soils show substantially reduced strength during rainy seasons, eventually causing failure of slopes and other structures.

The revised CPT was adapted to inject water at targeted depths, inducing controlled moisture infiltration and capturing real-time soil softening over designated intervals of 30, 60, or 90 minutes. Through tip resistance (qc) and sleeve friction (fs) measurements under “in-situ” and “wet” conditions, the test effectively identified fully disturbed/low strength zones around the sleeve. Simultaneous sampling …

The Use Of Recycled Plastic In Asphalt Pavements: Feasibility Study, Isabella Bueno, Robert Rea, Jamilla Teixeira

Nebraska Department of Transportation: Research Reports

The plastics industry has been actively exploring new end-market opportunities for the more than 35 million tons of waste plastics generated annually. The use of recycled WP in asphalt presents an opportunity to improve pavement performance while reducing the growing amount of WP being landfilled or released into the environment. However, the use of WP in asphalt mixtures poses challenges due to variations in plastic composition and the presence of non-plastic contaminants. The absence of standardized procedures has resulted in inconsistent integration methods and unclear roles of WP within asphalt concrete (AC) mixtures. Therefore, the goal of this multiphase study …

Development And Evaluation Of Crashworthy Approach Guardrail Transition With Increased Span Length Between Concrete Bridge Rail And First Transition Post – Phase I, Tewodros Yosef, Qusai Alomari, Ronald K. Faller, Robert W. Bielenberg, Scott Rosenbaugh

Nebraska Department of Transportation: Research Reports

This study developed and evaluated a 34-in.-tall Nebraska Department of Transportation (NDOT) thrie-beam approach guardrail transition (AGT) with an increased span between the concrete buttress end and the first transition post. The objective was to accommodate a wide range of common obstructions near bridge ends, including abutments, wing walls, drainage features, and utilities. A survey of NDOT districts identified critical obstruction geometries and informed design criteria. Most NDOT districts indicated that a maximum span of about 4 ft would be sufficient, and some preferred spans up to 6 ft. To accommodate a wider range of obstructions, the first transition post …

Assessment Of Truck Parking Demand And Safety During Normal And Severe Weather Conditions In Nebraska, Nathan Huynh, Li Zhao, Zhenghong Tang, Aida Riahifar, Jahangeer Jahangeer

Nebraska Department of Transportation: Research Reports

This project examined truck parking capacity, demand, and utilization patterns along I-80 in Nebraska. The objectives were to (1) document the capacity of public and private truck parking facilities along I-80, (2) analyze spatial and temporal trends in parking demand, (3) develop models to predict occupancy at parking facilities, (4) identify clusters of undesignated parking during inclement weather, and (5) assess whether truck parking shortages contribute to truck-involved crashes. Within a one-mile buffer of I-80, 21 public facilities and 49 private facilities were identified. The spatiotemporal analysis of these public and private truck parking facilities using the National Agriculture Imagery …

Chapter 4: The Grid Patterns In The Vestments And Headdresses Of Female Statuary From The Classic Period Cultures Of Central Veracruz, Chantal D. Huckert

Precious Pattern: The Dotted-Diamond Motif in Indigenous American Textiles, Explorations in Mesoamerica, the American Southwest, and the Andes

This chapter focuses on grid designs appearing on female clothing in Late Postclassic Nahua sources, in Maya sources, and on the Late Classic figurines of Central Veracruz. This study examines cross-hatched lattice patterns based on repetitions of rhombus and quincunx motifs associated with the sentient Mesoamerican Earth complex. The attached catalog presents a clear reference to these motifs and their variants, while the rest of the chapter is divided into two sections and addresses the general cross-hatched lattice pattern and the associated motifs. The first section discusses the all-over grid design, dotted or not, on the clothing of Mexican highland …

Chapter 5: The “Dotted-Grid” And “Dotted-Diamond” Motifs On Skirts: Fertility And Power During The Epiclassic And Early Postclassic Periods In Central And Western Mesoamerica (600 To 1200 Ce), Juliette Testard

Precious Pattern: The Dotted-Diamond Motif in Indigenous American Textiles, Explorations in Mesoamerica, the American Southwest, and the Andes

Discusses gender, apparel, and attributes with respect to the Epiclassic shift in politics and ideology, the grid, hatched, and rhomboidal patterns in central Mexican imagery during the Epiclassic, and the dotted-grid and dotted-diamond motifs on female figurines during the Epiclassic and Early Postclassic Periods.

A Semiotic Analysis Of German-American Cultural Suppression In The Lincoln Freie Presse From 1914 To 1918, Elle Ward

Nebraska Anthropologist

This study performs a historical semiotic content analysis of the Lincoln Freie Presse to document the processes of cultural coercion and resultant identity erasure within the German- American press of Nebraska during the critical period of January 1914 to December 1918. The research establishes a semiotic baseline (1914–1916) characterized by high linguistic and content autonomy and then tracks the immediate, stark shifts following the U.S. entry into World War I (the coercion period) and the succeeding mass anti-German hysteria (1917–1918). Quantitative findings convey a rapid and overwhelming visual conquest of the newspaper’s spatio-textual landscape: patriotic symbolism surged from zero to …

Out-Group And In-Group Relational Trust In Group Coaching With First-Grade Teachers: A Single Case Study, Jentry S. Barrett, Rachel E. Schachter, Jungwon Eum, Gwen Nugent, Kathleen M. Rudasill

Department of Child, Youth, and Family Studies: Faculty Publications

Coaching has become a prominent professional learning tool for helping early childhood teachers (birth–8) implement curriculum and research-based practices in their classrooms. One coaching strategy that supports positive changes in teacher practice and child outcomes is building trust between the coach and teacher(s). However, there is limited understanding of the nature of trust-building in coaching, particularly in group coaching configurations. There are two types of trust to consider in the context of group coaching: out-group trust between an outside coach and the teachers, and in-group trust between the teachers experiencing coaching who already have a relationship. This case study aimed …

Design Considerations For Development Of A Youth Advisory Board, Michelle I. Graef, Penny Putnam Collins

Center on Children, Families, and the Law (and Related Organizations): Publications

This guide provides an overview of youth advisory board (YAB) design components. The guide is organized around key design components, with examples from States across the country to illustrate different approaches. A range of examples are provided that highlight diverse and instructive models of the various ways YABs have been structured. Each section describes approaches that states have used in practice, offering jurisdictions a menu of options to consider when developing or strengthening their own YABs. Descriptive information about state YABs was gathered through interviews conducted with state YAB administrators and contractors from 8 states, conducted from October–December 2024. Examples …