Digital Commons Network^™

Process Innovation In The Production Of Corporate Law, Steven Cleveland

Faculty Articles

No abstract provided.

Justness! Speed! Inexpense! An Introduction To The Revolution Of 1938 Revisited: The Role And Future Of The Federal Rules, Steven S. Gensler

Faculty Articles

No abstract provided.

‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson

Faculty Articles

If a police officer orders one to move on, must the recipient comply? This article analyzes whether there is a federal constitutional right to remain, and in particular whether a police command to move on constitutes a seizure of the person for purposes of the Fourth Amendment. Although it is a close question, I conclude that the Fourth Amendment typically does not restrict a move on (MO) order, and that substantive due process only prohibits the most egregious such orders. It is a question of broad significance given the many legitimate reasons police might order persons to move on, as …

Rethinking Sharing Licenses For The Entertainment Media, Eric E. Johnson

Faculty Articles

No abstract provided.

Quas Primas And The Economic Ordering Of Society For The Social Reign Of Christ The King; A Third Perspective On The Bainbridge/Sargent Law And Economics Debate, Brian Mccall

Faculty Articles

How can it be that respected Catholic legal scholars can reach seemingly opposite conclusions about “Law and Economics?” Stephen Bainbridge has argued that both the descriptive and normative aspects of the Law and Economics movement are consistent with and even demanded by the Catholic understanding of the nature of the human person in a fallen world and our historical experience with totalitarian regimes. Mark Sargent, on the other hand, argues that at least the normative, and perhaps aspects of the descriptive, side of Law and Economics are not completely consistent with the nature and purpose of the human being as …

A Comparison Of The Portrayal Of Evil In Fairy Tales And Contemporary Fantasy Fiction, Donna Gwinnup

Graduate Research Papers

Writing and publishing literature for children and young adults has become a rhizomorphic entity. There are thousands of books published each year. When you compare that to the little over two hundred stories Perrault and the Grimm brothers recorded you can see how the market has substantially grown. With the use of literature as a teaching tool it is imperative we keep a close watch on trends. This study was designed to look at the changes from fairy tales to contemporary fiction in order to ascertain what changes have taken place in three particular areas: has the gender of the …

Managing California's Fiscal Roller Coaster, David Gamage

Articles by Maurer Faculty

This article analyzes the causes of California's budget crises and prescribes institutional mechanisms for improving California's budgetary management.

Warrantless Location Tracking, Ian Samuel

Articles by Maurer Faculty

The ubiquity of cell phones has transformed police investigations. Tracking a suspect's movements by following her phone is now a common but largely unnoticed surveillance technique. It is useful, no doubt, precisely because it is so revealing; it also raises significant privacy concerns. In this Note, I consider what the procedural requirements for cell phone tracking should be by examining the relevant statutory and constitutional law. Ultimately, the best standard is probable cause; only an ordinary warrant can satisfy the text of the statutes and the mandates of the Constitution.

The American Public's View Of Congress, John R. Hibbing, Christopher W. Larimer

Department of Political Science: Faculty Publications

Congress has long been unpopular with the American public, with approval numbers above fifty percent serving as the exception rather than the norm. In this essay we argue that such disapproval stems not from calculated reaction to policy outcomes or partisan attachments. Rather, people tend to disapprove of Congress for exactly the thing it was designed to be: an open and deliberative lawmaking body. The more Congress does its job, the more the public tends to disapprove.

A Case Of Moral Heroism: Sympathy, Personal Identification, And Mortality In Rwanda, Ari Kohen

Department of Political Science: Faculty Publications

What sort of person chooses to remain in a place like Rwanda when an easy exit is offered, when leaving seems the only safe or sane option, and when one is not directly connected to the would-be victims? And how does this person come to develop a circle of care that is expansive enough to include those who are radically Other? In what follows, I consider these questions through a detailed examination of the recent example of Paul Rusesabagina, the Hutu hotel manager in Kigali, Rwanda, who sheltered more than a thousand Tutsi and moderate Hutu refugees during the hundred-day …

The New Empirical Biopolitics, John R. Alford, John R. Hibbing

Department of Political Science: Faculty Publications

Political science traditionally has either ignored biology in favor of purely environmental explanations for political phenomena or merely ruminated about the likely role of biology, leaving data-based research on biopolitics in dangerously short supply. Currently, attention to the apparent genetic basis for political and social orientations holds the greatest promise of advancing empirical biopolitics. Thus, in this essay, we orient behavior genetics research in the larger framework of biology and politics, confront its normative implications, describe the techniques involved, assess the strengths and weaknesses of commonly employed data and procedures, and describe the next steps in this research stream. Because …

Limited Occurrence Of Denitrification In Four Shallow Aquifers In Agricultural Areas Of The United States, Christopher T. Green, Larry J. Puckett, John Karl Böhlke, Barbara A. Bekins, Steven P. Phillips, Leon J. Kauffman, Judith M. Denver, Henry M. Johnson

United States Geological Survey: Staff Publications

The ability of natural attenuation to mitigate agricultural nitrate contamination in recharging aquifers was investigated in four important agricultural settings in the United States. The study used laboratory analyses, field measurements, and flow and transport modeling for monitoring well transects (0.5 to 2.5 km in length) in the San Joaquin watershed, California, the Elkhorn watershed, Nebraska, the Yakima watershed, Washington, and the Chester watershed, Maryland. Ground water analyses included major ion chemistry, dissolved gases, nitrogen and oxygen stable isotopes, and estimates of recharge date. Sediment analyses included potential electron donors and stable nitrogen and carbon isotopes. Within each site and …

Whole-Stream Response To Nitrate Loading In Three Streams Draining Agricultural Landscapes, John H. Duff, Anthony J. Tesoriero, William B. Richardson, Eric A. Strauss, Mark Munn

United States Geological Survey: Staff Publications

Physical, chemical, hydrologic, and biologic factors affecting nitrate (NO₃^-) removal were evaluated in three agricultural streams draining orchard/dairy and row crop settings. Using 3-d “snapshots” during biotically active periods, we estimated reachlevel NO₃^- sources, NO₃^- mass balance, in-stream processing (nitrification, denitrification, and NO₃^- uptake), and NO₃^- retention potential associated with surface water transport and ground water discharge. Ground water contributed 5 to 11% to stream discharge along the study reaches and 8 to 42% of gross NO₃^- input. Streambed processes potentially reduced 45 to 75% of ground …

Comparative Study Of Transport Processes Of Nitrogen, Phosphorus, And Herbicides To Streams In Five Agricultural Basins, Usa, Joseph L. Domagalski, Scott Ator, Richard Coupe, Kathleen Mccarthy, David Lampe, Mark Sandstrom, Nancy Baker

United States Geological Survey: Staff Publications

Agricultural chemical transport to surface water and the linkage to other hydrological compartments, principally ground water, was investigated at five watersheds in semiarid to humid climatic settings. Chemical transport was affected by storm water runoff , soil drainage, irrigation, and how streams were linked to shallow ground water systems. Irrigation practices and timing of chemical use greatly affected nutrient and pesticide transport in the semiarid basins. Irrigation with imported water tended to increase ground water and chemical transport, whereas the use of locally pumped irrigation water may eliminate connections between streams and ground water, resulting in lower annual loads. Drainage …

Individual Decision Making And The Evolutionary Roots Of Institutions, Richard Mcelreath, Robert Boyd, Gerd Gigerenzer, Andreas Glöckner, Peter Hammerstein, Robert Kurzban, Stefan Magen, Peter J. Richerson, Arthur Robson, Jeffrey R. Stevens

Department of Psychology: Faculty Publications

Just as many aspects of individual decisions are sometimes called "unconscious" or "automatic," we know that some institutions have evolved through "unconscious," nondeliberative mechanisms. Their function can also be largely nondeliberative, as in the case of some institutions that may structure behavior without requiring any reflection on the part of the participants. On the other hand, political institutions exist for the purpose of bringing deliberative mechanisms to bear on institutions in the hope of changing them for the better. The immense project of building an integrated explanation of institutions from individual brains to nations-has only barely begun. In this chapter, …

As Space Law Comes To Nebraska, Space Comes Down To Earth, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

It is a great honor and an equally great pleasure for me to stand here today and address you by way of an inaugural lecture, embedded in this conference on formalism and informalism in space law that we are currently hosting at the University of Nebraska College of Law.

An inaugural lecture then is perceived essentially as a public lecture where a newly-appointed professor sets out, for everyone to hear, his or her general ideas on, and programmatic approach to, the field that he or she is going to tackle in teaching and research-in my case, all in the context …

Article Vi Of The Outer Space Treaty 'In The European Context', Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Concludes that a substantive and detailed European "approach" to dealing with Article VI's obligations is yet forthcoming, and suggests that issues like liability, insurance, licensing procedures and registration requirements should be dealt with in a sensible fashion. The European "context" involves a haphazard, fractured process whereby many traditional sovereign forces are only sometimes in agreement. With respect to Article VI of the Outer Space Treaty, there is a need for more European coherence.

United States Copyright Fair Use Checklist, Kenneth D. Crews

Copyright, Fair Use, Scholarly Communication, etc.

Copyright fair use checklist available for scholars, students, and others to determine whether a use of copyrighted material may be considered a fair use. This document is meant to provide guidance for individuals to make their own determinations about whether a use may be considered a fair use. It does not constitute legal advice.

Introduction to the Checklist

The Fair Use Checklist and variations on it have been widely used for many years to help educators, librarians, lawyers, and many other users of copyrighted works determine whether their activities are within the limits of fair use under U.S. copyright law …

Editorial, Volume 4 - 2008, Ada Long, Dail Mullins

Honors in Practice Online Archive

Table of Contents:

Editorial Policy

Submission Guidelines

Dedication to Elizabeth C. Beck

Editor’s Introduction by Ada Long

Determining the Significance of Honors by Katherine E. Bruce

Portable Widgets and Techie Tattoos: Honors of the Future by Rosalie C. Otero

Honors in 2025: Becoming What You Emulate by Craig T. Cobane

Honors 2025: The Future of the Honors College by Richard Ira Scott and Philip L. Frana

Majoring in the Minor: A Closer Look at Experiential Learning by Bernice Braid

Cultural Studies as the Foundation for an Honors Program: Documenting Students’ Academic and Personal Growth by Sara E. Quay and Amy …

Rippling Of Polymer Nanofibers, Xiang-Fa Wu, Yulia Kostogorova-Beller, Alexander Goponenko, Haoqing Hou, Yuris A. Dzenis

Department of Engineering Mechanics: Faculty Publications

This paper studies the evolution mechanism of surface rippling in polymer nanofibers under axial stretching. This rippling phenomenon has been detected in as-electrospun polyacrylonitrile in recent single-fiber tension tests, and in electrospun polyimide nanofibers after imidization. We herein propose a one-dimensional nonlinear elastic model that takes into account the combined effect of surface tension and nonlinear elasticity during the rippling initiation and its evolution in compliant polymer nanofibers. The polymer nanofiber is modeled as an incompressible, isotropically hyperelastic Mooney-Rivlin solid. The fiber geometry prior to rippling is considered as a long circular cylinder. The governing equation of surface rippling is …

Review Of Fire In The Water, Earth In The Air: Legends Of West Texas Music By Christopher J. Oglesby, Kent Blaser

Great Plains Quarterly (through 2013)

From Bob Wills, Buddy Holly, and Waylon Jennings to Stevie Ray Vaughn, Joe Ely, and Natalie Maines of The Dixie Chicks, Lubbock and its greater West Texas environs have been home to an unusually eclectic and creative musical community. Defining precisely what constitutes West Texas music is difficult, and diversity and variety often overshadow common features, but a West Texas "sound," blending elements of country, western, blues, early rock and roll, and folk and roots traditions into an identifiable if multifaceted genre, is widely accepted. The list of music "legends" associated with this region is indeed long and impressive and …

U.S. Indian Policy, 1865-1890 As Illuminated Through The Lives Of Charles A. Eastman And Elaine Goodale Eastman, Gretchen Cassel Eick

Great Plains Quarterly (through 2013)

Rapid change, passionate convictions, acute regional differences, ethnic conflict, and an army looking for a mission characterized the United States from 1865 to 1890. The Civil War was over and most of the soldiers had mustered out and gone home. The others were assigned either to the South to oversee reconstruction or, the larger number of them, to the area between the Mississippi and the Rocky Mountains-the Great Plains. The U.S. Army's new mission was to "pacify" the Great Plains, to protect the thousands of migrants enticed there by Congress's offer through the Homestead Act of 160 acres-free, contingent upon …

Aspects Of Producing, Directing, Conditioning, Impinging And Detecting Spectroscopic Electromagnetic Radiation From Small Spots On Samples, Martin M. Liphardt, Ping He, Blaine D. Johs, Galen L. Pfeiffers, James D. Welch, John A. Woollam

Department of Electrical and Computer Engineering: Faculty Publications

Sytems and mehtods for providing and enhancing electromagnetic radiation beam radail energy homogeneity and intensity vs. wavelength content, for reliably directing electromagnetic radiation emitted by a source thereof in a common direction, for achromatically reducing spot size on a sample (eg. liquid cavity containing lenses and low aberration 1:1 imaging systems modified to perform as spatial filters), and for directing directing different wavelengths into different detectors, in ellipsometer, polarizer or the like systems.

Evaluating Teaching: A New Approach To An Old Problem, L. Dee Fink

To Improve the Academy: A Journal of Educational Development

The approach to evaluating the quality of teaching described in this chapter starts by developing a Model of Good Teaching. This model is then used to create a set of evaluation procedures based on four key dimensions of teaching: design of learning experiences, quality of teacher/student interactions, extent and quality of student learning, and teacher’s effort to improve over time. The challenges and benefits of using these procedures are discussed.

Grounded Theory Research In Faculty Development: The Basics, A Live Example, And Practical Tips For Faculty Developers, Michael Sweet, Rochelle Roberts, Joshua Walker, Stephen Walls, John Kuscera, Shana Shaw, Janet Riekenberg, Marilla Svinicki

To Improve the Academy: A Journal of Educational Development

While autobiographical narratives and case study reflections remain vital to faculty development research, we must also make substantive efforts to build theory in our field. Researchers making claims about collective meanings of observed behaviors and the mechanisms that underlie them (i.e., theoretical claims about social behavior) must be disciplined in how they identify and organize the evidence they use to support those claims. Such systematic, inductive theory-building in the social sciences is called “grounded theory” research. This chapter presents the basics of grounded theory research, describes a grounded theory research program currently being executed by faculty developers, and offers practical …

Public Service Must Begin At Home: The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell Pearce

Faculty Scholarship

Fifty years ago, the leading national representatives of the American legal profession, the American Bar Association (ABA), and the Association of American Law Schools (AALS), issued a joint report (the Report) on the nature of lawyers' professional responsibility in the context of the adversary system. Principally authored by legal philosopher Lon Fuller, who co-chaired the joint conference that issued it, the Report's premise was that the legal profession's inherited traditions provided only indirect guidance to lawyers in light of their changing roles, and that a "true sense of professional responsibility" must derive from an understanding of the "special services" that …

Desert And The Eighth Amendment Symposium: Cruel And Unusual Punishment: Litigating Under The Eighth Amendment, Youngjae Lee

Faculty Scholarship

The task of this Article is to evaluate these two approaches to understanding the role of retribution as a constitutional constraint. And in order to do so, I would like to first answer a related question, one step removed: What should be the significance of ordinary intuitions about what people deserve when scholars theorize about what people deserve? If a popular belief about a question of desert does not match up with conclusions arrived at through theorizing and reflections about desert, who should revise their views-"the people" or the theorists? I suggest in this Article that the answer is twofold. …

2007 Ade Award Recipients

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

Julian P. Boyd Award: Gary E. Moulton; Lyman H. Butterfield Award: Beth Luey; Distinguished Service Award: Philander D. Chase; Boydston Essay Prize: Raymond Stephanson; Life Service Award: John P. Kaminski

Bovine Herpesvirus Type 1 Induces Cell Death By A Cell Type Dependent Fashion, Vicki Geiser, Suzanne Rose, Clinton J. Jones

School of Veterinary and Biomedical Sciences: Faculty Publications

Bovine herpesvirus 1 (BHV-1), a member of the alpha-herpesvirinae subfamily, causes significant losses to the cattle industry. BHV-1 establishes latency in trigeminal ganglionic sensory neurons, but periodically reactivates from latency. Previous studies suggested that infection with BHV-1 induced novel morphological changes in rabbit skin cells (RS) versus bovine kidney cells (MDBK). Consequently, we hypothesized that viral infection led to a novel form of cell death in RS cells compared to MDBK cells. To test this hypothesis, we examined the levels of apoptosis in these cell types following infection with BHV-1. Infection of RS, but not MDBK, cells leads to high …

The Interaction Between Kshv Rta And Cellular Rbp-Jκ And Their Subsequent Dna Binding Are Not Sufficient For Activation Of Rbp-Jκ, Anil Papugani, Tricia Coleman, Clinton J. Jones, Luwen Zhang

School of Veterinary and Biomedical Sciences: Faculty Publications

Kaposi’s sarcoma-associated herpesvirus (KSHV) replication and transcription activator (RTA) is necessary and sufficient for the switch from KSHV latency to lytic replication. RTA activates promoters by several mechanisms. RTA can bind to sequences in viral promoters and activate transcription. In addition, RTA interacts with the cellular recombination signal sequence-binding protein-J kappa (RBP- Jκ), a transcriptional repressor, converts the repressor into an activator and activates viral promoters via RBP- Jκ. Because RBP- Jκ is required for RTA to activate lytic replication, it is important to understand how RTA cooperates with RBP- Jκ protein to activate KSHV lytic replication program. Previously, we …