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The Case Of Standing Bear: Establishing Personhood Under The Law, Joe Starita

Court Review: Journal of the American Judges Association

At ten o’clock on the morning of May 1, 1879, in Omaha, Nebraska, U.S. District Court Judge Elmer Dundy’s gavel smacked against a wooden bench and the trial of Ma-chu-nah-zha v. George Crook was officially underway. Delayed by heavy spring rains and widespread flooding, the judge had just arrived from Lincoln the night before, but now he was settled at the bench and he asked the attorneys representing Standing Bear to call their first witness.

Willie W. Hamilton, the son of the missionary on the Omaha Reservation, approached the stand. Hamilton, 22, had lived on the reservation for 12 years, …

Court Review, Volume 45, Issue 3 (Complete)

Court Review: Journal of the American Judges Association

Table of Contents

Book Review

60 Lyric Law: Literature Lives in the Legal Realm (Rachel Beth Cunning)

Articles/Essays

62 Selected Criminal Law Cases in the United States Supreme Court in the 2008-2009 Term, and a Look Ahead (Charles D. Weisselberg)

76 Judges’ Perspectives on Stress and Safety in the Courtroom: An Exploratory Study (David M. Flores, Monica K. Miller, Jared Chamberlain, James T. Richardson, & Brian H. Bornstein)

90 Apologies and Settlement (Jennifer K. Robbennolt)

Departments

58 Editor’s Note

59 President’s Column

100 The Resource Page

Ecological Impacts Of Lead Mining On Ozark Streams: Toxicity Of Sediment And Pore Water, John M. Besser, William G. Brumbaugh, Ann L. Allert, Barry C. Poulton, Christopher J. Schmitt, Christopher G. Ingersoll

United States Geological Survey: Staff Publications

We studied the toxicity of sediments downstream of lead–zinc mining areas in southeast Missouri, using chronic sediment toxicity tests with the amphipod, Hyalella azteca, and pore-water toxicity tests with the daphnid, Ceriodaphnia dubia. Tests conducted in 2002 documented reduced survival of amphipods in stream sediments collected near mining areas and reduced survival and reproduction of daphnids in most pore waters tested. Additional amphipod tests conducted in 2004 documented significant toxic effects of sediments from three streams downstream of mining areas: Strother Creek, West Fork Black River, and Bee Fork. Greatest toxicity occurred in sediments from a 6-km reach of upper …

Persistence Of Organochlorine Chemical Residues In Fish From The Tombigbee River (Alabama, Usa): Continuing Risk To Wildlife From A Former Ddt Manufacturing Facility, Jo Ellen Hinck, Ross J. Norstrom, Carl E. Orazio, Christopher J. Schmitt, Donald E. Tillitt

United States Geological Survey: Staff Publications

Organochlorine pesticide and total polychlorinated biphenyl (PCB) concentrations were measured in largemouth bass from the Tombigbee River near a former DDT manufacturing facility at McIntosh, Alabama. Evaluation of mean p,p'- and o,p'-DDT isomer concentrations and o,p'- versus p,p'-isomer proportions in McIntosh bass indicated that DDT is moving off site from the facility and into the Tombigbee River. Concentrations of p,p'-DDT isomers in McIntosh bass remained unchanged from 1974 to 2004 and were four times greater than contemporary concentrations from a national program. Total DDT in McIntosh bass exceeded dietary effect concentrations developed for bald eagle and osprey. Hexachlorobenzene, PCBs, and …

Court Review, Volume 45, Issue 4 (Complete)

Court Review: Journal of the American Judges Association

Articles

104 Understanding and Diagnosing Court Culture (Brian J. Ostrom & Roger A. Hanson)

112 Does a Judge’s Religion Influence Decision Making? (Brian H. Bornstein & Monica K. Miller)

116 Problem Solving and Prevention by General-Jurisdiction Judges (Thomas D. Barton)

124 Only the Really Hard Part of eCourt Is Really Worth Doing (Michael H. Marcus)

Departments

102 Editor’s Note

103 President’s Column

132 The Resource Page

Diet Ph, And Viscosity Affect Development And Survival Of Screwworm Larvae (Diptera: Calliphoridae), M. F. Chaudhury, Steven R. Skoda

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The effects of dietary pH and viscosity on larval development of the New World screwworm, Cochliomyia hominivorax (Coquerel) (Diptera: Calliphoridae), were studied in the laboratory using a gel-based and a cellulose fiber-based media. The mean initial pH of the standard gelled diet was lower (6.5 ± 0.3) than that of the standard cellulose fiber-based diet (6.8 ± 0.6). As larval development progressed, these values decreased to below 6.0 possibly due to the accumulation of acidic metabolic waste. Diets formulated with higher initial pH (7.5) produced a slightly larger and greater number of pupae compared with those for untreated standard diets. …

A Robust, Multisite Holocene History Of Drift Ice Off Northern Iceland: Implications For North Atlantic Climate, John T. Andrews, Dennis Darby, Dennis Eberle, Anne E. Jennings, Matthias Moros, Astrid Ogilvie

United States Geological Survey: Staff Publications

An important indicator of Holocene climate change is provided by evidence for variations in the extent of drift ice. A proxy for drift ice in Iceland waters is provided by the presence of quartz. Quantitative xray diffraction analysis of the < 2 mm sediment fraction was undertaken on 16 cores from around Iceland. The quartz weight (wt.)% estimates from each core were integrated into 250-yr intervals between −0.05 and 11.7 cal. ka BP. Median quartz wt.% varied between 0.2 and 3.4 and maximum values ranged between 2.8 and 11.8 wt.%. High values were attained in the early Holocene and minimum values were reached 6–7 cal. ka BP. Quartz wt.% then rose steadily during the late Holocene. Our data exhibit no correlation with counts on haematite-stained quartz (HSQ) grains from VM129-191 west of Ireland casting doubt on the ice-transport origin. A pilot study on the provenance of Fe oxide grains in two cores that cover the last 1.3 and 6.1 cal. ka BP indicated a large fraction of the grains between 1 and 6 cal. ka BP were from either Icelandic or presently unsampled sources. However, there was a dramatic increase in Canadian and Russian sources from the Arctic Ocean ~1 cal. ka BP. These data may indicate the beginning of an Arctic Oscillation-like climate mode.

History Of Wildlife Toxicology, Barnett A. Rattner

United States Geological Survey: Staff Publications

The field of wildlife toxicology can be traced to

the late nineteenth and early twentieth centuries. Initial

reports included unintentional poisoning of birds from

ingestion of spent lead shot and predator control agents,

alkali poisoning of waterbirds, and die-offs from maritime

oil spills. With the advent of synthetic pesticides in the

1930s and 1940s, effects of DDT and other pesticides were

investigated in free-ranging and captive wildlife. In

response to research findings in the US and UK, and the

publication of Silent Spring in 1962, public debate on the

hazards of pollutants arose and national contaminant

monitoring programs were initiated. …

Regulation Of Innate Immune Responses By Bovine Herpesvirus 1 And Infected Cell Protein 0 (Bicp0), Clinton Jones

School of Veterinary and Biomedical Sciences: Faculty Publications

Bovine herpesvirus 1 (BoHV-1) infected cell protein 0 (bICP0) is an important transcriptional regulatory protein that stimulates productive infection. In transient transfection assays, bICP0 also inhibits interferon dependent transcription. bICP0 can induce degradation of interferon stimulatory factor 3 (IRF3), a cellular transcription factor that is crucial for activating beta interferon (IFN-β) promoter activity. Recent studies also concluded that interactions between bICP0 and IRF7 inhibit trans-activation of IFN-β promoter activity. The C3HC4 zinc RING (really important new gene) finger located near the amino terminus of bICP0 is important for all known functions of bICP0. A recombinant virus that contains a single …

Mineralogy Of Mine Waste At The Vermont Asbestos Group Mine, Belvidere Mountain, Vermont, Denise M. Levitan, Jane M. Hammarstrom, Mickey E. Gunter, Robert R. Seal Ii, I-Ming Chou, Nadine M. Piatak

United States Geological Survey: Staff Publications

Samples from the surfaces of waste piles at the Vermont Asbestos Group mine in northern Vermont were studied to determine their mineralogy, particularly the presence and morphology of amphiboles. Analyses included powder X-ray diffraction (XRD), optical microscopy, scanning electron microscopy (SEM), electron probe microanalysis (EPMA), and Raman spectroscopy. Minerals identified by XRD were serpentine-group minerals, magnetite, chlorite, quartz, olivine, pyroxene, and brucite; locally, mica and carbonates were also present. Raman spectroscopy distinguished antigorite and chrysotile, which could not be differentiated using XRD. Long-count, short-range XRD scans of the (110) amphibole peak showed trace amounts of amphibole in most samples. Examination …

Use Of Average Mutual Information For Studying Changes In Hiv Populations, Khalid Sayood, Federico Hoffman, Charles Wood

Nebraska Center for Virology: Faculty Publications

Average mutual information (AMI) has been used in a number of applications in bioinformatics. In this paper we present its use to study genetic changes in populations; in particular populations of HIV viruses. Disease progression of HIV-1 infection in infants can be rapid resulting in death within the the first year, or slow, allowing the infant to survive beyond the first year. We study the development of rapid and slow progressing HIV population using AMI charts based on average mutual information among amino acids in the env gene from a population of 1142 clones derived from seven infants with slow …

Microseismicity At The North Anatolian Fault In The Sea Of Marmara Offshore Istanbul, Nw Turkey, Fatih Bulut, Marco Bohnhoff, William L. Ellsworth, Mustafa Aktar, Georg Dresen

United States Geological Survey: Staff Publications

The North Anatolian Fault Zone (NAFZ) below the Sea of Marmara forms a ‘‘seismic gap’’ where a major earthquake is expected to occur in the near future. This segment of the fault lies between the 1912 Ganos and 1999 İzmit ruptures and is the only NAFZ segment that has not ruptured since 1766. To monitor the microseismic activity at the main fault branch offshore of Istanbul below the Çınarcık Basin, a permanent seismic array (PIRES) was installed on the two outermost Prince Islands, Yassiada and Sivriada, at a few kilometers distance to the fault. In addition, a temporary network of …

A One-Dimensional Heat-Transport Model For Conduit Flow In Karst Aquifers, Andrew J. Long, Patrick C. Gilcrease

United States Geological Survey: Staff Publications

A one-dimensional heat-transport model for conduit flow in karst aquifers is presented as an alternative to two or three-dimensional distributed-parameter models, which are data intensive and require knowledge of conduit locations. This model can be applied for cases where water temperature in a well or spring receives all or part of its water from a phreatic conduit. Heat transport in the conduit is simulated by using a physically-based heat-transport equation that accounts for inflow of diffuse flow from smaller openings and fissures in the surrounding aquifer during periods of low recharge. Additional diffuse flow that is within the zone of …

Interbasin Flow In The Great Basin With Special Reference To The Southern Funeral Mountains And The Source Of Furnace Creek Springs, Death Valley, California, U.S., Wayne R. Belcher, M. S. Bedinger, Jennifer T. Back, Donald S. Sweetkind

United States Geological Survey: Staff Publications

Interbasin flow in the Great Basin has been established by scientific studies during the past century. While not occurring uniformly between all basins, its occurrence is common and is a function of the hydraulic gradient between basins and hydraulic conductivity of the intervening rocks. The Furnace Creek springs in Death Valley, California are an example of large volume springs that are widely accepted as being the discharge points of regional interbasin flow. The flow path has been interpreted historically to be through consolidated Paleozoic carbonate rocks in the southern Funeral Mountains. This work reviews the preponderance of evidence supporting the …

Protection Against Mucosal Shiv Challenge By Peptide And Helper-Dependent Adenovirus Vaccines, Eric A. Weaver, Pramod N. Nehete, Bharti P. Nehete, Stephanie J. Buchl, Donna Palmer, David C. Montefiori, Philip Ng, K. Jagannadha Sastry, Michael A. Barry

Nebraska Center for Virology: Faculty Publications

Groups of rhesus macaques that had previously been immunized with HIV-1 envelope (env) peptides and first generation adenovirus serotype 5 (FG-Ad5) vaccines expressing the same peptides were immunized intramuscularly three times with helper- dependent adenovirus (HD-Ad) vaccines expressing only the HIV-1 envelope from JRFL. No gag, pol, or other SHIV genes were used for vaccination. One group of the FG-Ad5- immune animals was immunized three times with HD-Ad5 expressing env. One group was immunized by serotype-switching with HD-Ad6, HD-Ad1, and HD-Ad2 expressing env. Previous work demonstrated that serum antibody levels against env were significantly higher in the serotype-switched group than …

Discrete Return Lidar In Natural Resources: Recommendations For Project Planning, Data Processing, And Deliverables, Jeffrey S. Evans, Andrew T. Hudak, Russ Faux, Alistair M.S. Smith

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

Recent years have seen the progression of light detection and ranging (lidar) from the realm of research to operational use in natural resource management. Numerous government agencies, private industries, and public/private stakeholder consortiums are planning or have recently acquired large-scale acquisitions, and a national U.S. lidar acquisition is likely before 2020. Before it is feasible for land managers to integrate lidar into decision making, resource assessment, or monitoring across the gambit of natural resource applications, consistent standards in project planning, data processing, and user-driven products are required. This paper introduces principal lidar acquisition parameters, and makes recommendations for project planning, …

Physiological And Environmental Regulation Of Interannual Variability In Co2 Exchange On Rangelands In The Western United States, H. Wayne Polley, William Emmerich, James A. Bradford, Phillip L. Sims, Douglas H. Johnson, Nicanor Z. Saliendra, Tony Svejcar, Raymond Angell, Albert B. Frank, Rebecca L. Phillips, Keirith A. Snyder, Jack A. Morgan

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

For most ecosystems, net ecosystem exchange of CO₂ (NEE) varies within and among years in response to environmental change.We analyzed measurements of CO₂ exchange from eight native rangeland ecosystems in the western United States (58 site-years of data) in order to determine the contributions of photosynthetic and respiratory (physiological) components of CO₂ exchange to environmentally caused variation in NEE. Rangelands included Great Plains grasslands, desert shrubland, desert grasslands, and sagebrush steppe.

Ground And Surface Temperature Variability For Remote Sensing Of Soil Moisture In A Heterogeneous Landscape, Mario A. Giraldo, David Bosch, Marguerite Madden, Lynn Usery, Michael Finn

United States Geological Survey: Staff Publications

At the Little River Watershed (LRW) heterogeneous landscape near Tifton Georgia US an in situ network of stations operated by the US Department of Agriculture–Agriculture Research Service-Southeast Watershed Research Lab (USDA–ARS-SEWRL) was established in 2003 for the long term study of climatic and soil biophysical processes. To develop an accurate interpolation of the in situ readings that can be used to produce distributed representations of soil moisture (SM) and energy balances at the landscape scale for remote sensing studies, we studied (1) the temporal and spatial variations of ground temperature (GT) and infra-red temperature (IRT) within 30 by 30 m …

Characterizing Forest Succession With Lidar Data: An Evaluation For The Inland Northwest, Usa, Michael J. Falkowski, Jeffrey S. Evans, Sebastián Martinuzzi, Paul E. Gessler, Andrew T. Hudak

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

Quantifying forest structure is important for sustainable forest management, as it relates to a wide variety of ecosystem processes and services. Lidar data have proven particularly useful for measuring or estimating a suite of forest structural attributes such as canopy height, basal area, and LAI. However, the potential of this technology to characterize forest succession remains largely untested. The objective of this study was to evaluate the use of lidar data for characterizing forest successional stages across a structurally diverse, mixed-species forest in Northern Idaho. We used a variety of lidar-derived metrics in conjunction with an algorithmic modeling procedure (Random …

Problems With The Claim Of Ecotype And Taxon Status Of The Wolf In The Great Lakes Region, Matthew A. Cronin, L. David Mech

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

Koblmuller et al. (2009) analyzed molecular genetic data of the wolf in the Great Lakes (GL) region of the USA and concluded that the animal was a unique ecotype of grey wolf and that genetic data supported the population as a discrete wolf taxon. However, some of the literature that the researchers used to support their position actually did not, and additional confusion arises from indefinite use of terminology. Herein, we discuss the problems with designation of a wolf population as a taxon or ecotype without proper definition and assessment of criteria.

Koblmuller et al. (2009) wrote ‘The GL …

A Preliminary Survey Of Lesser-Known Polyandrous Societies, Katie Starkweather

Nebraska Anthropologist

To challenge the common misconception that there are only four societies in the world that allow polyandry, this paper uses types of polyandry, suggested by Levine and Sangree (1980), to identify polyandrous societies from India, Africa, South America, and North America. Basic issues of these societies are examined within the context of four commonly cited attempts to explain the existence of polyandry. The goal of the paper is a preliminary look at the existence of polyandry around the world and an initial exploration of issues that mayor may not be associated with this form of marriage.

Energy Efficiency Of Fixed-Rate Wireless Transmissions Under Queueing Constraints And Channel Uncertainty, Deli Qiao, M. Cenk Gursoy, Senem Velipasalar

Department of Electrical and Computer Engineering: Faculty Publications

Energy efficiency of fixed-rate transmissions is studied in the presence of queueing constraints and channel uncertainty. It is assumed that neither the transmitter nor the receiver has channel side information prior to transmission. The channel coefficients are estimated at the receiver via minimum mean-square-error (MMSE) estimation with the aid of training symbols. It is further assumed that the system operates under statistical queueing constraints in the form of limitations on buffer violation probabilities. The optimal fraction of power allocated to training is identified. Spectral efficiency–bit energy tradeoff is analyzed in the low-power and wideband regimes by employing the effective capacity …

Traditional Age Students: Worldviews And Satisfaction With Advising; A Homogeneous Study Of Student And Advisors, Jose E. Coll, Peter Draves

School of Social Work Faculty Publications and Presentations

This study sought to determine what student characteristic best predicts advising satisfaction. Outcomes of this study suggest that faculty behaviors such as discussing personal values, majors/ academic concentrations, and financial aid account for significant variance in the prediction of student advising satisfaction. This would suggest those faculties who provide developmental advising are more likely to receive positive advising outcomes. (Contains 2 tables.)

Direct Observation In High School Physical Education, Nicole Jennifer Smith

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to analyze existing data collected using direct observation in a high school setting in order to understand more about the quality and contribution of physical education to public health goals. The System for Observing Fitness Instruction Time (SOFIT) was utilized to collect data related to student activity levels, lesson contexts, and teacher promotion of physical activity behavior. Two cross-sectional samples were observed in the spring 2005 and spring 2007 from seven high schools in a large urban school district in the eastern United States. In total, 164 lessons were observed yielding over 75 hours …

Examining Compressed Speech Listening Measure With College Students Who Are Visually Impaired Or Blind, William J. Marks

UNLV Theses, Dissertations, Professional Papers, and Capstones

Psychological assessments are a way of gaining some understanding of an individual in order to help make informed decisions (Sattler, 2001). These assessments offer potentially important and valuable information that can assist individuals with impaired vision in learning additional skills, improving deficient abilities, and in providing diagnostic information for future research. In addition, psychological assessments are frequently used to diagnosis a variety of psychological and learning disorders. Assessing individuals with impaired vision presents a variety of challenges from those encountered with the general population.

The current study provided an investigation into the relationship of the results of the compressed speech …

Health Motivation In Health Behavior: Its Theory And Application, Xiaoyan Xu

UNLV Theses, Dissertations, Professional Papers, and Capstones

The present research proposed a definition and a theoretical model of health motivation that consists of four stages: development of health motivation tendency, formation of health intention, initiation of health related action, and persistence in actions to achieve goals developed at the first stage. Based upon this model, two health motivation scales - the Health Motivation Scale in Physical Activities (HMS-PA) and Health Motivation Scale in Healthy Eating (HMS-HE) were developed. Two studies were conducted to validate the validity of the scores obtained by these two scales. Study 1 proposed a definition and a theoretical model of health motivation, as …

The Meaning Of Being A Primary Nurse Preceptor For Newly Graduated Nurses, Jennifer Richards

UNLV Theses, Dissertations, Professional Papers, and Capstones

Preceptorship is a vital component of the transition experience of newly graduated nurses into clinical practice. Preceptors teach, supervise, and evaluate newly graduated nurses, and also help them socialize into their roles as registered nurses. In the presence of an ever-growing nursing shortage and evidence that many new nurses are leaving their first positions, it is of paramount importance that we make every attempt to ease the transition of newly graduated nurses into clinical practice. Additionally important is the need to understand the experience of all involved in the process.

The primary purpose of this study was to achieve a …

The Effects Of Ultrasound Transducer Velocity On Intramuscular Tissue Temperature Across A Treatment Site, Pamela Liceralde

UNLV Theses, Dissertations, Professional Papers, and Capstones

This purpose of this study was twofold: to determine whether ultrasound transducer velocity affected tissue temperature increase, and whether heating was uniform across the treatment site. Thermocouples were inserted 2.5cm below the skin surface at the center, edge of the ERA, and the edge of the treatment site that was the size of two times the soundhead. Each subject received three 10-minute treatments at each speed, letting tissue temperature return to baseline between treatments.

Repeated measures factorial ANOVA revealed no significant differences in the speed of application and no interaction between speed and location. However, the location of the thermocouples …

Puebloan Plain-Weave Pointed/Rounded-Toe Sandals, David Toy Yoder

UNLV Theses, Dissertations, Professional Papers, and Capstones

An assemblage of 226 Puebloan pointed/rounded-toe sandals from sites throughout the northern Southwest was examined to answer the following questions: how were these sandals constructed, when where they used, and where were they distributed. The answers to these questions were then used to investigate cultural boundaries, communities of practice, and interaction among the Anasazi. Methods of analysis included a technical analysis, soft X-ray radiography, microscopic fiber identification, spatial analysis, AMS radiocarbon dating, and experimental reconstruction.

Based on these analyses it appears that pointed/rounded-toe sandals were used as early as A.D. 631 to as late as A.D. 1178. Spatially, this sandal …

"The Latent Enmity Of Georgia": Sherman's March And Its Effects On The Social Division Of Georgia, Michael Jason Spurr

UNLV Theses, Dissertations, Professional Papers, and Capstones

In September 1864, Union General William T. Sherman's Savannah Campaign targeted the growing animosity between wealthy and poor Georgians when he proposed that Union forces "arouse the latent enmity of Georgia." This thesis continues the study of the March to the Sea by examining the effect of Sherman's campaign as it pertained to the social divisions between Georgians. Sherman's army alone did not ruin the state's ability to remain a vital contributor to the war effort, but rather focused upon the already growing social disputes between Georgians over economic contributions, military sacrifice, and political support. Even before Sherman's army arrived, …